Panaji, 21st September, 2017 (Bhadra 30, 1939)

SERIES II No. 25

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: [email protected]

1549

RNI No. GOAENG/2002/6410

Reg. No. G-2/RNP/GOA/32/2015-2017

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

__

Order

No. 8/15/2017-18/D.Agri/147

Read: 1) Order No. 8/78/2016-17/D.Agri/81 dated

14-06-2016.

Government is pleased to grant extension of

ad hoc promotion to the following Group ‘A’ Officers

of this Department for the period mentioned against

their names on the same terms and conditions as

indicated in the above referred Order.

Sr.

Name & Designation of

Date of Extension

No.

the Officers

1. Shri Madhav B. Kelkar

15-06-2017 to 30-09-2017.

2. Shri Nevil Alphonso

15-06-2017 to 30-09-2017.

3. Smt. Ana Dias e Camara 15-06-2017 to 30-09-2017.

This is issued with due concurrence of the Goa

Public Service Commission vide their letter

No. COM/II/11/2(1)/2017/710 dated 24-08-2017.

By order and in the name of the Governor

of Goa.

U. B. Pai Kakode, Director & ex officio Joint

Secretary (Agriculture).

Tonca-Caranzalem, 7th September, 2017.

Note:-

There are three Extraordinary issues to the

Official Gazette, Series II No. 24 dated 14-09-2017

as follows:—

(1) Extraordinary dated 15-09-2017 from pages

1531 to 1536 regarding Notification from

Department of Elections.

(2) Extraordinary (No. 2) dated 18-09-2017 from

pages 1537 to 1538 regarding Notification from

Department of Commercial Taxes.

(3) Extraordinary (No. 3) dated 20-09-2017 from

pages 1539 to 1548 regarding Notification from

Department of Elections.

Order

No. 2/25/2017-18/D.Agri (Part)/154

On the recommendation of the Goa Public

Service Commission vide their letter No. COM/II/

/12/2(1)/2014/832 dated 24-08-2017, the probation

period of the following Assistant Agricultural

Officers, Group ‘B’ Gazetted Officers of this

Directorate in the pay band of PB-II Rs. 9,300-

-34,800+4,200/- Grade Pay (Level-6 in the 7th Pay

Commission Matrix) have been lifted as they have

completed probation period satisfactorily as shown

below and they also have been confirmed against

the post of Assistant Agricultural Officer with

immediate effect.

Sr.

Name of the

Date of joining

Date of

No.

Officer

in regular service

completion

as Assistant

of probation

Agricultural

period

Officer

1. Shri Rudresh R.

08-08-2013

07-08-2015.

Kambli

2. Shri Govind V.

16-08-2013

15-08-2015.

Parab

3. Shri Pandurang G.

10-12-2014

09-12-2016.

Desai

4. Kum. Sonia S. Mote

25-11-2014

24-11-2016.

5. Kum. Pradnya Pravin 01-01-2015

31-12-2016.

Gaude Priolkar (ST)

By order and in the name of the Governor of

Goa.

U. B. Pai Kakode, Director & ex officio Jt. Secretary

(Agriculture).

Tonca, Caranzalem, 14th September, 2017.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1550

Department of Education, Art & Culture

Directorate of Art and Culture

__

Order

No. DAC/CS-V/T.P./Comm./2017-18/3740

Government is pleased to constitute State Level

Tripurari Poornima Celebration Committee under the

Chairmanship of Hon’ble Minister for Art & Culture,

to organise Tripurari Poornima Festival 2017, as

under:

Sr.

Name of the Committee Members

Status

No.

1. Shri Govind Gaude,

Chairman.

Hon. Minister for Art & Culture

2. Dr. Pramod Sawant,

Vice

Hon. Speaker, Goa Legislative

Chairman.

Assembly

3. Shri Pravin Zantye, M.L.A., Maem

Vice

Chairman.

4. Chairman, GTDC

Member.

5. Secretary, Art & Culture

Member.

6. Director of Information & Publicity

Member.

7. Director, Dept. of Tourism

Member.

8. Managing Director, GTDC

Member.

9. Principal, Goa College of Art, Panaji

Member.

10. Deputy Collector, Bicholim

Member.

11. Chairman, Sankhali Municipal

Member.

Council

12. President, Deepawali Utsav Samithi,

Member.

Vitthalapur

13. Secretary, Shree Vitthal Devasthan,

Member.

Vitthalapur

14. Sarpanch, Village Panchayat Karapur, Member.

Sarvan

15. Superintendent of Police (North)

Member.

16. Dy. SP, Traffic (North)

Member.

17. SDPO, Bicholim

Member.

18. Chief Officer,

Member.

Sankhali Municipal Council

19. Executive Engineer,

Member.

PWD, Divisional Office,

WD-V, Panaji

20. Shri Sagar Jawdekar,

Convener.

Panaji-Goa

21. Shri Prasad Lolayekar,

Member

Director of Art & Culture

Secretary.

The Committee shall advise the Government in

the organisation of Tripurari Poornima Festival 2017

that will be held at Vithalapur, Sankhali-Goa on

3rd November, 2017.

By order and in the name of the Governor

of Goa.

Prasad V. Lolayekar, Director & ex officio

Jt. Secretary (Art & Culture).

Panaji, 5th September, 2017.

———uuu———

Department of Forest

__

Notification

No. 2/185/2003-FOR/323

In exercise of the powers conferred by Section 6

of the Wildlife (Protection) Act, 1972 (Central Act 53

of 1972), read with Section 21 of the General Clauses

Act, 1897 (Central Act 10 of 1897), the Government

of Goa hereby amends the Government Notification

No. 2/185/2003/FOR/214 dated 05-08-2016

published in the Official Gazette, Series II No. 20

dated 18th August, 2016 (hereinafter referred to

as the “Principal Notification”) as follows, namely:-

In the Principal Notification,-

(i) for the existing entries against serial Nos. (1),

(3), (4) and (5), the following entries shall be

respectively substituted, namely:-

“1. Shri Manohar G. Parrikar,

...

Chairperson.

Hon. Chief Minister

3. Shri Prasad Gaonkar,

...

Member.

MLA, Sanguem

4. Shri Nilesh Cabral,

...

Member.

MLA, Curchorem

5. Shri Deepak Prabhu

...

Member”;

Pauskar, MLA, Sanvordem

(ii) entry against serial No. 2 shall be omitted.

This Notification shall come into force with

immediate effect.

By order and in the name of the Governor

of Goa.

Shaila G. Bhosle, Under Secretary (Forests).

Porvorim, 7th September, 2017.

———uuu———

Department of General Administration

__

Order

No. 14/8/2001-GAD-III-Part-I/2758

Ex-post facto approval of the Government is

hereby conveyed to extend the ad hoc promotion of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1551

Smt. Ana C. Marques Fernandes, Section Officer, in

the Secretariat, Porvorim-Goa for the following

periods as mentioned below:-

Period of Extension

1) From 11-07-2015 to 10-07-2016 (Ex-Post facto).

2) From 11-07-2016 to 10-07-2017 (Ex-Post facto).

3) From 11-07-2017 to 30-09-2017.

This issues with the concurrence of the Goa

Public Service Commission as conveyed vide

their letter No. COM/II/11/42(4)/2012/698 dated

21-08-2017.

By order and in the name of the Governor

of Goa.

Varsha S. Naik, Under Secretary (GA-I).

Porvorim, 8th September, 2017.

———uuu———

Department of Handicrafts, Textile & Coir

__

Order

No. 2/7/2014/HT&C/128

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/II/11/75(1)/2017/726 dated 04-09-2017, ex-post facto

approval of the Government is hereby conveyed to

extend the ad hoc promotion of Shri Soma Gawas,

Technical Officer, Group “B” Gazetted in the

Department of Handicrafts, Textile & Coir, Panaji for

the interim period w.e.f. 06-11-2016 to

10-08-2017.

By order and in the name of the Governor

of Goa.

Smita Hede, Under Secretary (HT & C).

Porvorim, 11th September, 2017.

———uuu———

Department of Home

Home—General Division

__

Order

No. 21/7/2014-HD(G)/2642

Every year, the Government observes dry day on

2nd October, in order to pay homage and respect

to the Father of the Nation.

In this regard, all the Casino licensees shall stop

the operation of the Casinos in the State of Goa on

2nd October, 2017 [from 12.00 a.m. midnight to 12.00

a.m. midnight (24 hours)] in order to pay homage

and respect to the Father of the Nation.

The above directions shall be adhered to

scrupulously.

This is issued in public interest.

By order and in the name of the Governor

of Goa.

Neetal P. Amonkar, Under Secretary (Home).

Porvorim, 11th September, 2017.

———uuu———

Department of Labour

__

Notification

No. 28/9/2017-LAB/Part-II/640

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

28-07-2017 in Appln. No. 2/2016 is hereby published

as required by Section 17 of the Industrial Disptues

Act, 1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

Georgina Saldanha, Under Secretary (Labour).

Porvorim, 12th September, 2017.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Vincent D’Silva, Hon’ble Presiding

Officer)

Appln. No. 2/2016

Shri Arun D. Mairekar,

H. No. 79, Sadashivnagar,

Dharbandora, Goa.

… Applicant/Party I

V/s

M/s. Kadamba Transport

Corporation Ltd.,

Paraise de Goa,

Alto, Porvorim-Goa.

… Opponent/Party II

Applicant/Party I represented by Ld. Adv. Shri A.

Kundaikar.

Opponent/Party II represented by Ld. Adv. Shri P.

Agrawal.

AWARD

(Delivered on this the 28th day of the month

of July of the year 2017)

This is an application filed by the Applicant

under Section 2-A(2) of the Industrial Disputes Act,

1947 (for short The Act).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1552

2. Briefly stated, the case of the Applicant is as

follows:

The Applicant/Party I was working as Heavy

Vehicle Driver badge No. 1077 and was posted at

Margao depot at the time of discharge of the

services on medically unfit ground. During the

service tenure, the Party I was posted at various

inter-states routes. The services of the Party I was

utilized for highway routes due to which there

was cascading effect on the health of the workman.

There is no restroom due to which the workman

had to sleep in the vehicle and food consumed by

the workman at night out was substandard. The

Party I applied for leave on medical ground and

availed the same and on reporting for the duties,

the Party I was issued with a chargesheet for

absenteeism which was effectively replied by him

vide reply dated 10-02-12. The Party I was referred

to Goa Medical College, Bambolim for medical

examination vide letter dated 23-11-2012 and on

examination of the Party I, medical report dated

23-11-2012 was sent to the employer.

3. On perusal of the report, the Personnel

Manager was pleased to issue a show cause notice

dated 18-12-2012 and that the Party I filed a reply

dated 21-12-2012. On perusal of the reply to the

Show cause notice, the Personnel Manager was

pleased to discharge the services of the Party I on

the ground that he was medically unfit by Order

dated 9-01-2013. The Party I aggrieved with the

certificate dated 23-11-2012 approached the

Medical Board for reconsideration of the medical

certificate issued by the Medical Authorities and

that the Medical Board after conducting various

tests against the Party I issued a medical certificate

duly processed by the authorised Medical Board of

the college wherein it is certified that the Party I

can be rehabilitated as class 4 staff. Under Clause

4(b) of the Certified Standing Orders, it is

specifically mentioned that if the workman is

aggrieved by the certificate issued by the Medical

Authorities then the workman could approach the

Medical Board of the Government against the

decision of the Medical Authorities whose decision

shall be final and binding on the parties. The

Personnel Manager has no powers to terminate the

services of the workman as provided under the

Certified Standing Orders of the Corporation and

since the order of discharge is passed by the

Personnel Manager, the same is illegal and not

tenable in the eyes of the law and liable to be set

aside as the same is in violation of the Certified

Standing Orders of the Corporation.

4. The Party I approached the employer with the

slender hope that he shall be permitted to join the

duties but without any success and that the Party

I being unsuccessful with the attempt, raised the

dispute before the Conciliation Officer for resolving

the issues. Despite of the expiry of forty five days

from the date of the application, the Conciliation

Officer failed to adjudicate the dispute referred to

therein and therefore the present application was

filed before the Hon’ble Tribunal for adjudication

of the dispute in accordance with the provisions of

the Act. The Conciliation Officer also failed to seek

compliance report from the employer in respect of

the status of the employment. The Party I is

unemployed from the date of discharge from the

service till date and that he had approached several

offices for employment but was not successful in

getting the employment. The action of the employer

in retrenching the services of the Party I is illegal.

The Party I is grossly discriminated against the

whims and caprices of unmoving bureaucracy. The

discharge from the services is void and unjustified

and that the Party I is entitled for re-instatement

in services with full back wages and continuity in

services. Hence, the application.

5. The Respondent/Party II filed a Written

statement inter alia contending that the

application has been made without following the

mandate of Section 2-A(2) of the Industrial Disputes

Act, 1947 and that no demand for re-instatement

was made by the Party I before taking up with the

Asst. Labour Commissioner and that the dispute is

barred by delay and laches. Party II is a State

Transport Undertaking under the purview of the

Motor Transport Act, 1988. The employees of the

Party II are governed by its own Certified Standing

Orders and that the service conditions of the

employees of the Party II are specified in the

Certified Standing Orders of the Corporation and

the Memorandum of Settlement drawn between

the management of Party II and its workmen from

time to time. Party I joined the services of the Party

II as substitute driver w.e.f. 23-3-1988 on daily

wages. The Party I was thereafter taken in service

on probation w.e.f. 1-10-1998 for initial period of

three months and was thereafter confirmed in the

services and that the past record of the Party I was

not unblemished and was issued various

punishments for misconducts on his part.

6. The Party I remained absent from his duty

from 30-10-2011 till 25-1-2012 on account of his

sickness and a chargesheet dated 25-1-2012 was

issued to him for such unauthorized absence

w.e.f. 30-10-2011 till 25-2-2012 and was called upon

to give his explanation within 7 days of the receipt

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1553

of the same and that in reply dated 10-2-2012 to

the chargesheet dated 25-1-2012, the Party I has

informed that he is taking Aryurvedic treatment

for his health and that he may be given light duties

like depot duty or mini buses driving during the

period of his treatment and that the Party I

remained absent till 18-7-2012 even after the receipt

of the chargesheet and his explanation to the same.

The Party I came to report for work on 20-7-2012

and that the Party I is not fit to drive heavy

vehicles, for which the Party I was employed and

as such decided to take an opinion of the Goa

Medical Board of the Goa Medical College and

Hospital, Bambolim-Goa and that the Party I was

referred to the Medical Board of the Goa Medical

College and Hospital for Bambolim. Party I took the

said letter and went to the GMC and thereafter did

not report for work and continued to remain absent

unauthorisedly.

7. Party I reported to the Department of Medicine

of the Goa Medical College and after examination

of the Party I, the Medical Board opined that the

Party I is found to be suffering from chronic optic

neuritis both eyes with peripheral neuropathy and

that the Party I is not fit to continue his work as a

heavy vehicle driver and that the drivers who are

driving passenger vehicles should be fit to drive

such vehicles and any defect in his eyes and/or

physical incapacity would endanger the life of the

passengers as well as the public on the roads. The

Party I was issued a Show cause notice dated

18-12-2012 directing him to Show cause as to why

he should not be discharged from the Corporation

as per clause 4(b) of the Certified Standings Orders

of the Party II. The Party I thereafter filed his

explanation dated 21-12-2012 and after scrutinizing

the same found it far from satisfactory and the

Party I was issued order dated 9-01-2013 stating

that the Party I being declared medically unfit by

the Goa Medical College & Hospital is discharged

from the services of the Corporation with immediate

effect.

8. The final settlement of the Party I was made

vide letter dated 25-2-2013 and that the Party I did

not dispute the discharge for more than two years

and that the Party I disputed the said order of

discharge before the ALC, Panaji vide his letter

dated 7-9-2015, however, no such demand was

made to the Party II by the Party I before

approaching the ALC, Panaji. The Party I thereafter

himself approached the Goa Medical College,

Bambolim for further examination after a period of

three years and that the Medical Board of Goa

Medical College again examined him and issued a

certificate dated 16-7-2015 and that as per the

Medical Certificate issued by the Medical Board,

Party I’s sickness has been caused by his previous

alcoholic habits and that on account of this past

history and the past records of the Party I, the

Party II could not consider the case of the Party I

even for alternate employment and that the action

of the Party II in discharging the Party I from service

is legal, justified and no interference is called for.

9. The Applicant/Party I filed a rejoinder at

Exhibit 7 denying the case put forth by Opponent/

/Party II in the written statement. It is stated that

the employer had made inconsistent averments

contrary to the pleadings of the workman and have

incorporated new facts inconsistent with the plea

of the workman. The workman had applied for leave

on medical ground and availed the same and on

reporting for the duties, the workman was issued

a chargesheet for absenteeism which was

effectively replied by him vide reply dated

10-2-2012.

10. Issues framed at Exhibit 8 are as follows:

1) Whether the Party I proves that his

discharge from the services on 09-01-2013

on medically unfit ground is illegal and

unjustified?

2) Whether the Party I proves that he is

entitled for reinstatement in services with

full back wages and continuity in services

with consequential benefits?

3) Whether Party II proves that the

application is not maintainable as it was

not made by following mandate of Section

2-A(2) of the Industrial Disputes Act and

that no demand for re-instatement was

made with Assistant Labour Commissioner,

Panaji?

4) What Order? What Relief?

11. In the course of evidence, the Applicant/

/Party I examined himself as witness and produced

on record an affidavit-in-evidence at Exb. 10, a copy

of charge sheet dated 25-1-2012 at Exb. 11, a copy

of reply to charge sheet dated 10-2-2012 at Exb. 12,

a copy of Show cause notice dated 18-12-2012 at

Exb. 13, a copy of Order dated 9-1-2013 at Exb. 14,

a copy letter dated 20-7-2012 for medical

examination at Exb. 15 colly, a copy certificate

dated 16-7-2015 along with letter dated 22-8-15

issued by Medical Board at Exb. 16 colly, a copy of

representation in respect of termination order dated

9-1-13 at Exb. 17, a certificate dated 23-11-12 issued

by Medical Board of GMC at Exb. 18, a copy of

reply dated 21-12-12 at Exb. 19 and a copy of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1554

representation/appeal against dismissal order

dated 5-9-2015 at Exb. 20. On the other hand, the

Opponent/Party II examined Shri Vidhyadhar

Harmalkar as their witness and produced on record

an affidavit-in-evidence at Exb. 22 and a copy of

Order dated 12-3-1984 along with Certified

Standing Orders at Exb. 23 colly.

12. Heard arguments.

13. I have gone through the records of the case

and have duly considered the submissions made

by the learned advocates for Parties. I am

reproducing herewith the issues along with their

findings and reasons thereof.

Issue No. 1

…

In the affirmative.

Issue No. 2

…

In the affirmative.

Issue No. 3

…

In the negative.

Issue No. 4

…

As per final order.

REASONS

Issues No 1:

14. Ld. Adv. Shri A. Kundaikar for Party I has

submitted that the Party I was working as heavy

vehicle driver and was posted at Margao Depot at

the time of his discharge from services on medically

unfit ground and that during the service tenure he

was posted at various inter states routes due to

which there was cascading effect on his health

and that he had to apply for leave on medical

ground and availed the same. He was issued a

chargesheet for absenteeism and thereafter

referred to Goa Medical for medical examination

which opined that Party I was found to be suffering

from chronic optic neuritis both eyes and that he

is not fit to continue his work as heavy driver. The

Party I was not dismissed on the ground of

absenteeism but on medical grounds. The Party I

had approached the Medical Board in terms of

clause 4(b) of Certified Standing Orders as an

aggrieved Party is free to approach the Medical

Board of the Government against the decision of

the Medical Authorities. He further submitted that

the Medical Board has also declared him medically

unfit but claimed that he can be rehabilitated as

a class 4 staff, however the Party II through

Personnel Manager discharged his services from

the Corporation with immediate effect, which is

illegal and not tenable in the eyes of law.

15. Ld. Adv. Shri A. Kundaikar for Party I also

submitted that Clause 37 of the Certified Standing

Orders stipulates that Standing Orders shall not

derogate any laws being in force to the prejudice

of any right under a contract of service, custom or

usage. According to him, the Party II is a State

Undertaking and under Section 47 of the Persons

with Disabilities (Equal Opportunities, Protection

of Rights and Full Participation) Act, 1995, no

establishment shall dispense with, or reduce in

rank, an employee who acquires a disability during

his service, provided that, if an employee, after

acquiring disability is not suitable for the post he

was holding, he could be shifted to some other

post with the same pay scale and service benefits.

He submitted that the Party I contracted the

disability as stipulated in Section 2(i)(ii) of the above

Act during the course of his services. The Party II

instead of rehabilitating him in terms of Section 47

of the above Act unauthorisedly discharged the

Party I from the service, although the Party II had

admittedly rehabilitated some of the workers in

service by invoking the provisions of the Act. The

action of Party II is therefore bad-in-law and illegal.

In support of his contention, he relied upon the

cases of (1) Kunal Singh vs Union of India and

Anr, 2003(2) ALL MR 369 (S.C) (2) Ashok Dhondu

Ahire vs. Assistant Director (A) the Director

General, Information and Public Relations & Anr.,

2016(1) ALL MR 100 and (3) Dilbagh Singh vs.

Delhi Transport Corporation, 2006 LLJ 480.

16. Per contra, Ld. Adv. Shri P. Agrawal has

submitted that the medical certificate at Exb. 18

has not been issued by Medical Authorities as

stipulated in clause 4 of the Certified Standing

Orders. The Party I remained absent from duty from

30-10-2011 on account of his sickness and the

chargesheet was issued for his unauthorized

absence. The Party I continued to remain absent

till 18-7-2012 even after receipt of the chargesheet

and the Party II on realizing that he is not fit to

drive heavy vehicles for which he was employed,

decided to take opinion of Goa Medical Board and

the Medical Board opined that he is suffering from

low vision. The Party I was issued a Show cause

notice directing him to reply as to why he should

not be discharged from the Corporation as per

clause 4(b) of the Certified Standing Orders, to

which Party I replied and after scrutinizing the

same found that it was not satisfactory and

therefore by order dated 9-01-2013 discharged him

from service with immediate effect. The Party I also

approached Goa Medical College which issued a

certificate dated 15-7-2015 that he is unfit to

continue working as bus driver for heavy vehicle

as it cannot be predicted as to when he may relapse

into alcohol dependence. The Party II could not

consider Party I even for alternate employment on

account of his past history and therefore the action

of Party II in discharging Party I from service is

legal and justified.

OFFICIAL GAZETTE — GOVT. OF GOA

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1555

17. Admittedly, a chargesheet was issued to the

Party I dated 25-1-2012 at Exb. 11 on the ground

that the Applicant has violated clause 24 A(ii), 28

(xviii) and 28 (xxv) for remaining absent without

intimation or prior permission; habitual absence

without leave or absence for more than five

consecutive days or overstaying; breach of any

rules or instruction given by any superior for proper

functioning or safety of the establishment. The

Party I was directed to explain in writing from

seven days of issue of chargesheet as to why

necessary action as per the provisions of the

Certified Standing Orders of the Corporation should

not be taken against him. There is no dispute that

the Party I filed a reply dated 10-2-2012 wherein he

stated that he requested their Duty Master to give

him light duties as he was in need to take

Ayurvedic treatment for his health, but they did

not listen and after some days he requested his

superior to grant him some days leave but his leave

application was not sanctioned. He also informed

the Duty master by way of telephonic message

regarding his inability to join duty and that he

always obeyed the instructions of the superiors

and worked regularly. The witness of Party II,

Shri Vidhyadhar Harmalkar has admitted that no

departmental enquiry was conducted in respect of

chargesheet dated 25-1-2012 at Exb. 11 and that

the said charge sheet does not mention about the

medical ground and that he was not charge

sheeted on any medical ground. No action was

initiated against the Party I pursuant to the

chargesheet for absenteeism as stated therein and

the matter was allowed to be rested, as it was.

18. It is a matter of record that a Show cause

notice was issued to the Party I dated 18-12-2012

at Exb. 13 alleging that Party I was noticed to be

habitually absent and under influence of alcohol

and that he was referred to Goa Medical College,

Bambolim for examination and the Medical Board

had informed that the Party I is suffering from

Chronic Optic Neuritis both eyes with peripheral

neuropathy, hence unfit to work as heavy vehicle

driver. There is no dispute that considering the

report of medical examination, the Party I was

discharged from services with immediate effect as

heavy vehicle driver under clause 4(b) of Certified

Standing Orders of the Corporation by order dated

9-01-2013 at Exb. 14. The said discharge order was

issued by Shri T. K. Pause, Personnel Manager of

the Corporation.

19. Ld. Adv. Shri A. Kundaikar has submitted

and rightly so that the Personnel Manager has no

powers to terminate the services of Party I as

provided under Certified Standing Orders of the

Corporation. Clause 29(C)(i) of the Certified

Standing Orders at Exhibit 23 colly states that the

Manager or an Officer of the Corporation authorised

in this behalf may institute an enquiry against the

workman before imposing on him any of the

punishment listed therein. The ‘Manager’ has been

defined under Clause 2 (c) as General Manager or

Depot Manager or the person for the time being

Managing the establishment and includes any

other officers duly authorised to exercise powers

of the Manager, such authorization being notified

to the workmen by displaying it on Notice Boards

of the establishments and the ‘Competent

Authority’ under Clause 2 (i) means the General

Manager, Deputy General Manager, Depot Manager

or any other officer of Corporation duly appointed

by the Managing Director and notified. There is no

dispute that the chargesheet dated 25-1-2012 at

Exb. 11 was issued by Dy. General Manager & (TRF),

Disciplinary Authority, however the Show cause

notice dated 18-12-2012 at Exb. 13 and the

Discharge order dated 9-01-2013 at Exhibit 14 were

issued by one Shri T. K. Pawase, the Personnel

Manager and not by the Competent Authority as

provided by the Certified Standing Orders of the

Corporation.

20. The witness of Party II, Shri Vidhyadhar

Harmalkar in cross examination has admitted that

the Disciplinary Authority of Party II is the General

Manager of the Corporation and that the powers of

General Manager are exercised by the Dy. General

Manager. He however claimed that he as a

Personnel Manager has powers to dismiss the

employee of the Corporation and the said powers

are vested in the Certified Standing Orders and

when he was confronted with Certified Standing

Orders at Exb. 23 colly, he admitted that the

Certified Standing Orders does not provide for

dismissal of the employee of the Corporation by

Personnel Manager, however added that the powers

have been delegated by the Managing Director to

any Manager to exercise the disciplinary powers.

No documents have been produced including the

power of delegation in favour of above witness or

said Shri T. K. Pawase. It is also not provided in the

Certified Standing Orders as admitted by him. It is

therefore the Personnel Manager has no authority

to either issue a Show cause notice at Exb. 13 or

the dismissal order at Exb. 14 and therefore the

dismissal order issued by the Personnel Manager

is illegal and bad-in-law.

21. Admittedly, the Dismissal order was issued

in terms of clause 4(b) of Certified Standing Orders,

which reads as follows:

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‘If during the course of workman’s

employment, management has reasons to

believe that a workman is not medically fit to

discharge his duties, the management shall

have the right to direct such a workman to

appear before the Medical Authorities for a

medical checkup or to a periodical medical

examination. Thereafter, if the Company’s

Medical Authorities declares that the workman

is medically unfit permanently, he shall be

forthwith discharged from the services of the

Corporation. The aggrieved Party shall be free

to approach the medical Board of the

Government against the decision of Medical

Authorities, whose decision will be final and

binding on the parties.’

22. The witness of Party II, Shri Vidhyadhar

Harmalkar has admitted that as per Show cause

notice dated 18-12-2012 at Exb. 13, it is mentioned

that the aggrieved Party is free to approach the

Medical Board of the Government against the

decision of Medical Authorities whose decision

would be final and binding on the parties and that

as per 4(b) of Certified Standing Orders, the above

remedy was provided. He also admitted that the

discharge of the workman is subject to the decision

of the Medical Board and that the workman had

approached the Medical Board and the Medical

Board issued a certificate at Exb. 16 Colly(2) that

the Party I can be rehabilitated as class 4 staff. He

also admitted that in the certificate dated

23-11-2012 at Exb. 18, it is nowhere mentioned that

the workman is unfit to continue his work as a

heavy vehicle driver permanently. Be that as it

may, there is no dispute that the Party I was

discharged vide order dated 9-1-2013 from the

services of the Corporation with immediate effect

on the ground that he was declared medically unfit

by the Medical Board of Goa Medical College. The

question therefore is whether the discharge of

Party I by Party II is legal or whether it is in

derogation of Certified Standing Orders applicable

to the parties.

23. Clause 37 of the Certified Standing Orders

reads as follows:

‘Nothing contained in these Standing

Orders shall operate in derogation of any law

for the time being in force or to the prejudice

of any right under the contract of service,

custom or usage or an agreement, settlement

or award applicable to the establishment.’

24. The witness of Party II, Shri Vidhyadhar

Harmalkar has admitted that nothing contained in

the Certified Standing Orders shall operate in

derogation of any law for time being in force, which

means that the Certified Standing Orders cannot

override the laws in force. He also admitted that

he is aware of ‘The Persons with Disabilities (Equal

Opportunities, Protection of Rights and Full

Participation) Act, 1995’ but claimed that the said

Act is not applicable to Party I. He also denied the

suggestion that being Transport Undertaking, it is

covered under the said Act including the Act as

amended in 2017. He, however admitted that the

Party II is the State Transport Undertaking owned

by the Government and financed and funded by

the Government, so also that the Party II is

controlled by the Government as the Chairman of

Party II is its MLA. He, however admitted that the

Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act,

1995 is applicable to Kadamba Transport

Corporation. Once, it is admitted by the witness

that the Act is applicable to the Corporation, it

needs no mention that the said Act is also

applicable to the Applicant/Party I being the

employee of the Corporation. It is therefore relevant

to see whether the Party II has acted in derogation

of the said law in force.

25. Before proceeding with the matter, it requires

to quote the relevant provisions of the Act

including the definitions viz. ‘Establishment’, under

Section 2(k); ‘disability’ under Section 2(i); ‘Medical

Authority’ under Section 2(p); & ‘Non discrimination

in Government employment’ under Section 47 of

the Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act,

1995.

(i) “Establishment” means a Corporation

established by or under a Central, Provincial

or State Act, or an Authority or a body owned

or controlled or aided by the Government or

a local authority or a Government company

as defined in Section 617 of the Companies

Act, 1956 and included Departments of a

Government; (ii) “Disability” means (i)

blindness; (ii) Low vision; (iii) leprosy-cured;

(iv) hearing impairment; (v) locomotor

disability; (vi) mental retardation; (vii) mental

illness; (iii) “Medical Authority” means any

hospital or institution specified for the

purposes of this Act by notification by the

appropriate Government; (iv) under Section

47- Non-discrimination in Government

employment- (1) No establishment shall

dispense with, or reduce in rank, an employee

who acquires a disability during his service:

provided that, if an employee, after acquiring

disability is not suitable for the post he was

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holding, could be shifted to some other post

with the same pay scale and service benefits:

Provided further, that if it is not possible to

adjust the employee against any post, he may

be kept on a supernumerary post until a

suitable post is available or he attains the

age of superannuation, whichever is earlier.

26. In case of Kunal Singh, supra the appellant

who was a constable in SSB had suffered injury

while he was on duty and the respondent

invalidated him from services. The Hon’ble Apex

Court observed that once it is held that the

appellant has acquired disability during his

services and if not found suitable for the post he

was holding, he could be shifted to some other

post with same pay scale and service benefits and

the order affirming order of termination was set

aside.

27. In Para 9, the Hon’ble Apex Court observed

as follows;

Chapter VI of the Act deals with

employment relating to persons with

disabilities, who are yet to secure employment.

Section 47, which falls in Chapter VIII, deals

with an employee, who is already in service

and acquires a disability during his service. It

must be borne in mind that Section 2 of the

Act has given distinct and different

definitions of “dis-ability” and “person with

disability”. It is well settled that in the same

enactment if two distinct definitions are given

defining a word/expression, they must be

understood accordingly in terms of the

definition. It must be remembered that person

does not acquire or suffer disability by choice.

An employee, who acquires disability during

his service, is sought to be protected under

Section 47 of the Act specifically. Such

employee, acquiring disability, if not protected,

would not only suffer himself, but possibly all

those who depend on him would also suffer.

The very frame and contents of Section 47

clearly indicate its mandatory nature. The very

opening part of Section reads “no

establishment shall dispense with, or reduce

in rank, an employee who acquires a disability

during his service”. The Section further

provides that if an employee after acquiring

disability is not suitable for the post he was

holding, could be shifted to some other post

with the same pay scale and service benefits;

if it is not possible to adjust the employee

against any post he will be kept on a

supernumerary post until a suitable post is

available or he attains the age of

superannuation, whichever is earlier. Added

to this no promotion shall be denied to a

person merely on the ground of his disability

as is evident from sub-section (2) of Section

47. Section 47 contains a clear directive that

the employer shall not dispense with or reduce

in rank an employee who acquired a disability

during the service. In construing a provision

of social beneficial enactment that too dealing

with disabled persons intended to give them

equal opportunities, protection of rights and

full participation, the view that advances the

object of the Act and serves its purpose must

be preferred to the one which obstructs the

object and paralyses the purpose of the Act.

Language of Section 47 is plain and certain

casting statutory obligation on the employer

to protect an employee acquiring disability

during service.

28. In case of Ashok Dhondu Ahire, supra the

petitioner was declared by ophthalmic hospital as

unfit to be a peon and his employment brought to

an end and no Show cause notice was issued nor

was he heard. The Labour Court and the Industrial

Court did not consider the scheme of the Persons

with Disabilities (Equal Opportunities, Protection

of Rights and Full Participation) Act, 1995. The

Hon’ble High Court allowed the petitioner by

relying the case of Kunal Singh. In Para 18 of the

judgment, the Hon’ble Judge observed thus:

18. It is apparent from the impugned

judgments that neither the Labour Court nor

the Industrial Court have considered the

scheme under the 1995 Act. The Labour Court

could not have dismissed the complaint on the

ground that because the petitioner had

developed loss of sight in one eye, he could not

have been continued in employment and

deserved to be terminated.

29. The Hon’ble Delhi High Court, in case of

Dilbagh Singh, supra has observed in Para 17 and

18 as under:

17. Section 47 has come up for

consideration in a number of cases, by this

Court. It has been held that it applies,

regardless of where the employee incurs the

disability; it acquires primacy, and can be

invoked, without application of laches; its

benefits have to be given even if compensation

is paid, for premature retirement of an

employee. The position emerging from the

various authorities are broadly summarized

below: (i) Laches cannot be set up to deny

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relief, since the Act is a beneficial legislation:

Krishnan Chander v. DTC 2003(71) DRJ

11. (ii) The provisions of the Act have to be

given effect to in respect of grievances that

arose before enactment of the Disability Act:

Vijender Singh v. DTC 105 (2003) DLT 261;

DTC v. Harpal Singh 105(2003) DLT 113; (iii)

The provisions categorically enjoin every

employer not only to retain, and desist from

discriminating employees suffering from

impairment, but also to place them in other

posts, without depriving any service

conditions or benefits, if they are unable to

function in their posts ; DTC v. Rajbir Singh

100 (2002) DLT 111; (iv) Construction of the

Act should be made in the light of

international conventions: DTC v. Rajbir Singh

(Supra); (v) Reinstatement possible even after

premature retirement, and grant of

compensation: Baljeet Singh v. DTC 83 (2000)

DLT 286; Virender Kumar Gupta v. DTC

(Supra); Kuldeep Singh v. DTC; (vi) Benefits of

the enactment, and entitlements under

Section 47, available irrespective of where

the employee contracted the disability:

Ranbir Singh v. DTC 97 (2002) DLT 19.

18. The above analysis would show that

Section 47 was enacted as an absolute,

unalterable, non discriminatory standard to

be followed by every establishment, in relation

to their disabled employees, at the work place.

The provision is broad in its coverage, and

does not allow deviation on account of an

employer’s compulsion or inability to provide

an alternative post or employment; indeed he

is under a positive obligation to give some

work or job to the disabled employee, who

suffers injury or incurs disability, and protect

the existing terms and conditions of service,

if necessary, by keeping him “on a

supernumerary post until a suitable post is

available or he attains the age of

superannuation, whichever is earlier.” The

authorities, viz. decisions of this court serve

to underline the width and scope of the

provision. Hence, the defence of DTC that the

petitioner cannot be given employment, rings

hollow, it is unacceptable.”

30. The moot question is therefore whether the

discharge of the Applicant/Party I from services on

9-01-2013 on medically unfit ground is legal and

justified.

31. Ld. Adv. Shri P. Agrawal for the Party II has

submitted that the Party I has not pleaded violation

of the Persons with Disabilities (Equal

Opportunities, Protection of Rights and Full

Participation) Act, 1995. He also submitted that it

is settled proposition of law that the Party has to

plead the case and adduce sufficient evidence to

substantiate his submissions made in the plaint

and in case the pleadings are not complete, the

Court is under no obligation to entertain the pleas.

In support thereof, he relied upon the cases of

(1) Rajasthan State TPT Corpn. & Anr. vs. Bajrang

Lal in Civil Appeal No. 4104 of 2007 dated

14-3-2014 and (2) Regional Manager, S.B.I. vs.

Rakesh Kumar Tewari, in Appeal (Civil) No. 7 of

2006 dated 3-1-2006. He further submitted that

the Party I did not dispute the discharge for more

than two years but disputed the said order before

ALC, Panaji vide his letter dated 7-9-2015. The Party

II could not consider the case of Party I for alternate

employment on account of past history and past

records of Party I.

32. However, as rightly submitted by Ld. Adv.

Shri A. Kundaikar for the Party I, the Hon’ble Delhi

High Court in the case of Dilbagh Singh has held

that the laches cannot be set up to deny relief

since the Act is beneficial legislation and that

Section 47 was enacted as an absolute, unalterable,

non-discriminatory standard to be followed by every

establishment, in relation to their disabled

employees, at the workplace. Moreover, the Party II

in Para 6, 7, 8 & 9 of the Written Statement have

stated about examination of Party I by Medical

Board and that the Medical Board issued

certificates at Exb. 16 Colly(2) and Exb. 18

respectively. The contention of Ld. Adv. Shri P.

Agrawal for Party II that there are no pleadings by

Party I of violation of the said Act therefore cannot

be accepted.

33. Needless to reiterate, the Party II discharged

Party I by Order dated 9-01-2013 at Exb. 14 on the

ground that he was declared medically unfit by

Medical Board of Goa Medical College. The Medical

certificate at Exb. 18 indicates that on examination

of the Party I by the Medical Board pursuant to

letter of the Party II at Exb. 15, it found that the

Party I was suffering from chronic optic neuritis

both eyes with peripheral neuropathy, which is in

short ‘low vision’ of the eyes. The Medical

certificate at Exb. 16 Colly(2) which was issued by

the Medical Board after the Party I approached

them in terms of Clause 4(b) of the Certified

Standing Orders of the Corporation found that he

was unfit to continue working as a bus driver for

heavy vehicles as it cannot be predicted as to when

he may relapse into alcohol dependence and can

be rehabilitated as a class 4 staff.

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34. Needless to mention, the decision of the

Medical Board of the Government is final and

binding on the parties. Both the Medical

Certificates issued by the Medical Board at exhibit

16 Colly and Exhibit 18 show that the Party I is

unfit to continue working as a bus driver for heavy

vehicles for suffering disability in the nature of

low vision. The Party I was discharged from

services with immediate effect based on the

Medical certificate dated 23-11-2012 at Exb. 18 as

he was found suffering from Chronic Optic Neuritis

both eyes with Peripheral Neuropathy, which is

disability under Section 2 (i) of the Act, without

rehabilitating him in terms of Section 47 of the

Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act,

1995. The Medical certificate at Exb. 18 does not

mention that the Party I was unfit to continue his

work as heavy vehicle driver permanently or that

he had acquired the said disability prior to his

employment.

35. The Party II is admittedly a ‘State Transport

Undertaking’ owned and controlled by the

Government. Undoubtedly, the Party I was

medically fit at the time of joining the Corporation

and has acquired the said disability in the form of

low vision during the course of the employment.

There is no dispute that the provisions of the

Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act,

1995 is applicable to Party I. The provisions of

Section 47 clearly mandates the Party II shall not

dispense with or discharge an employee who

acquires a disability during his service and that he

should be shifted to some other post with same

pay scale and service benefits and if it is not

possible to adjust the employee against any post,

he may be kept on a supernumerary post until a

suitable post is available or he attains the age of

superannuation, whichever is earlier. The Party I

has not attained the age of superannuation as he

was 54 years of age at the time of filing his affidavit

on 29-11-2016. There is also nothing on record that

past conduct of the Party I was bad.

36. There cannot be any quarrel that the Party

II rehabilitated one Shri Galdinho Menezes, driver

stationed at Vasco depot who was entrusted with

the job of issuing log sheets; one Shri Nutan

Velingkar, driver stationed at Vasco depot who was

rehabilitated and entrusted with the job of issuing

log sheets; one Shri Datta Mayekar, driver stationed

at Vasco depot who was rehabilitated and

entrusted with the job of issuing log sheets; one

Shri Sadam Hussen, driver stationed at Vasco depot

who was rehabilitated and entrusted with the job

of diesel attendant; one Shri Avinash Rawal, driver

stationed at Panaji depot who was rehabilitated

and entrusted with the job of issuing log sheets:

one Shri Krishna Shirodkar, driver stationed at

Panaji depot who was rehabilitated and entrusted

with the job of issuing log sheets; one Shri Sundar

Zalmi, driver stationed at Panaji depot who was

rehabilitated and entrusted with the job of issuing

log sheets; one Shri Guru Shirodkar, driver

stationed at Panaji depot who was rehabilitated

and entrusted with the job of diesel attendant and

one Shri Pundalik Gaonkar, driver stationed at

Panaji depot who was rehabilitated and entrusted

with the job of diesel attendant. It is therefore

improper, unjust and illegal to discharge the

Applicant/Party I without following the provisions

of law including Certified Standing Orders on so

called medically unfit ground and therefore the

discharge of Party I from services on 9-1-2013 by

Party II is illegal and unsustainable. The Party I

having proved issue No. 1, it is answered in

affirmative.

Issue No. 2:

37. It is well settled by the Apex Court in the

case of Deepali Gundu Surwase vs. Kranti Junior

Adhyapak Mahavidyalaya (D.ED) & Ors., 2014 II

CLR 813, that in a case of wrongful termination of

service, re-instatement with continuity of service

and back wages is the normal rule. The Apex Court

in Para 17 has observed thus:

17. The very idea of restoring an employee

to the position which he held before dismissal

or removal or termination of service implies

that the employee will be put in the same

position in which he would have been but for

the illegal action taken by the employer. The

injury suffered by a person, who is dismissed

or removed or is otherwise terminated from

service cannot easily be measured in terms of

money. With the passing of an order which

has the effect of severing the employer-

-employee relationship, the latter’s source of

income gets dried up. Not only the concerned

employee, but his entire family suffers grave

adversities. They are deprived of the source of

sustenance. The children are deprived of

nutritious food and all opportunities of

education and advancement in life. At times,

the family has to borrow from the relatives

and other acquaintance to avoid starvation.

These sufferings continue till the competent

adjudicatory forum decides on the legality of

the action taken by the employer. The

re-instatement of such an employee, which is

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preceded by a finding of the competent

judicial/quasi judicial body or Court that the

action taken by the employer is ultra vires the

relevant statutory provisions or the principles

of natural justice, entitles the employee to claim

full back wages. If the employer wants to deny

back wages to the employee or contest his

entitlement to get consequential benefits, then

it is for him/her to specifically plead and prove

that during the intervening period the

employee was gainfully employed and was

getting the same emoluments. Denial of back

wages to an employee, who has suffered due

to an illegal act of the employer, would amount

to indirectly punishing the concerned

employee and rewarding the employer by

relieving him of the obligation to pay back

wages including the emoluments.

38. Needless to mention, the Party II had passed

the order of discharge against the Party I which

was illegal and untenable in the eyes of law as the

same was in violation of Certified Standing Orders

of the Corporation and despite the illegality, the

Party II contested the proceedings before the

Conciliation Officer and also before the Tribunal.

There was also nothing on record that the Party I

was employed from the date of discharge. The Party

I has stated in Para 10 of the affidavit that he was

unemployed after he was illegally discharged on

medical ground on 9-01-2013. It is well settled

principle that it is the employer, who has to prove

that the workman was gainfully employed during

the interregnum i.e. for the period he was kept out

of service on account of his dismissal from service

which is from 9-01-2013 till date. The Party I was

forcibly and illegally kept out of service by Party II

on specious ground that he was medically unfit

and was unable to drive heavy vehicles. Once the

discharge of the Party I is proved to have been

wrongful and illegal, re-instatement with

continuity in service and back wages is the rule.

The Party II has not pleaded or proved that in the

intervening period, the Party I was gainfully

employed and was getting the same emoluments.

It is therefore the Party I is entitled for the reliefs

claimed. Hence, the issue No. 2 is answered in

affirmative.

Issue No. 3:

39. Ld. Adv. Shri P. Agrawal for Party II has

submitted that the application is not maintainable

as it is not made by following mandate of Section

2-A(2) of the Industrial Disputes Act. He also

submitted that in terms of Section 2-A(2),

notwithstanding anything contained in Section 10,

any such workman as is specified in sub-section

(1) may make an application direct to the Labour

Court or Tribunal for adjudication of the dispute

referred to therein after the expiry of forty five days

from the date he has made the application to the

Conciliation Officer or the appropriate Government

for conciliation of the dispute, and in respect of

such application the Labour Court or Tribunal shall

have powers to adjudicate upon the dispute,

provided the application referred to in sub-section

(2) is made to the Labour Court or Tribunal before

the expiry of three years from the date of discharge,

dismissal, retrenchment or otherwise termination

of service as specified in sub-section (1) under

Section 2-A(3). He submitted that the order of

discharge at Exb. 14 was passed on 9-01-2013 and

the application under Section 2-A(2) of Industrial

Disputes Act was filed on 13-1-2016, which is

beyond three years and therefore the application

under Section 2-A(2) is not maintainable.

40. Per contra, Ld. Adv. Shri A. Kundaikar for

Party I has submitted and rightly so that the order

of discharge dated 9-01-2013 at Exb. 14 is not final

nor the same is binding on Party I, besides the fact

that it is illegal and not issued by the appropriate

Disciplinary Authority in terms of Certified

Standing Orders. The said order of discharge dated

9-01-2013 is not final in terms of clause 4(b) of the

Certified Standing Orders in which it is clearly

mentioned that if the management discharges the

workman from duties on the ground that he is not

medically fit, the aggrieved Party is free to approach

the Medical Board of the Government against the

decision of Medical Authorities, whose decision is

final and binding on the parties. The Party I in

terms of clause 4(b) approached the Medical Board

and the Medical Board issued the certificate dated

16-7-2015 at Exb.18 Colly(2). It therefore can be

seen that the discharge order dated 9-01-2013 is

not final and the time to file the application under

Section 2-A(3) would run from the date of the

Certificate issued by Medical Board to Party I on

22-8-2015 at Exb. 16 colly(1), which would expire

on 22-8-2018 and therefore the above application

is within time. It is also well settled that latches

cannot be set up to deny relief, since the Act is a

beneficial legislation as held in the case of Krishan

Chander vs. DTC. 2004 (115) DLT 558. It is

therefore the contention of Ld. Adv. Shri P. Agrawal

that the application is not maintainable nor the

mandate of Section 2-A(2) and 2-A(3) of the

Industrial Disputes Act has been complied with,

cannot be accepted. Hence, the issue No. 3 is

answered in the negative.

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41. Needless to mention, the Party I has proved

violation of Certified Standing Orders of the

Corporation application to the parties, so also the

provisions of Section 47 of the Persons with

Disabilities (Equal Opportunities, Protection of

Rights and Full Participation) Act, 1995 by

discharging the services of the Applicant vide letter

dated 9-01-2013. There are no pleadings on behalf

of the employer that the workman was gainfully

employed after the discharge. It is also well settled

that in cases of wrongful discharge/termination of

services, re-instatement with continuity of service

and back wages is a normal rule. The services of

the Party I have been discharged and his

employment has been brought to an end on alleged

medical ground without issuing charge sheet or

adhering to principles of natural justice nor the

scheme of the Persons with Disabilities (Equal

Opportunities, Protection of Rights and Full

Participation) Act, 1995 has been considered by

Party II.

42. The Party I who has been working with Party

II since last 25 years has been discriminated, while

other similarly situated drivers have been

rehabilitated, presumably by invoking the

provisions of the Persons with Disabilities (Equal

Opportunities, Protection of Rights and Full

Participation) Act, 1995. The Party II was under

positive obligation to give work or job to the Party

I employee, who suffered the disability during the

course of his service and protect the existing terms

and conditions of service, if necessary, by shifting

him to some other post with the same pay scale

and service benefits or keeping him on a

supernumerary post until a suitable post is

available or till he attains the age of

superannuation as mandated by law. The Party II

having wrongfully discharged the Party I from

service, re-instatement with continuity in service

and back wages has to be awarded to him. The

Party I is therefore entitled for the reliefs claimed.

43. In the result, I pass the following:

ORDER

i. The application filed by Party I workman

under Section 2-A(2) of the Industrial

Disputes Act stands allowed.

ii. It is hereby held that the action of the

management of M/s Kadamba Transport

Corporation Limited, Porvorim, Goa in

discharging the services of Party I, Shri Arun

Mairekar, driver attached to Margao Depot

with effect from 9-01-2013 on medically unfit

ground is illegal and unjustified.

iii. The Party II is directed to reinstate the

services of Party I, Shri Arun Mairekar, driver

attached to Margao Depot with full back

wages and continuity in services with

consequential benefits attached to the post.

iv. The Party II is directed to deposit full back

wages before the Tribunal from the date of

discharge till date of re-instatement in the

services within 60 days of the publication

of the Award, failing which the Party II shall

pay an interest @ 9% per annum from the

date of discharge till the date of actual re-

instatement of services of Party I.

v. Inform the Government accordingly.

Sd/-

(Vincent D’Silva),

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/9/2017-LAB/Part-III/643

The following award passed by the Labour

Court-II, at Panaji-Goa on 09-08-2017 in reference

No. IT/15/11 is hereby published as required by

Section 17 of the Industrial Disputes Act, 1947

(Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

Georgina Saldanha, Under Secretary (Labour).

Porvorim, 12th September, 2017.

______

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. IT/15/11

Shri Anant V. Velip,

Since deceased, represented

by his L.R.’s,

1a. Smt. Archana Anant Velip,

1b. Ms. Krupa Anant Velip,

1c. Master Chaitan Anant Velip

All r/o. H. No. 27, Bendurdem,

Balli, Quepem-Goa.

… Workman/Party-I

V/s

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1562

M/s. Adarsh Krishi Sahakari Kharedi

Vikri Prakriya Saunstha Maryadit,

Balli, Quepem-Goa.

… Employer/Party-II

Workman/Party-I represented by Adv. Shri S. K.

Manjrekar.

Employer/Party-II represented by Adv. Shri A.V.

Nigalye.

Panaji, dated: 09-08-2017.

AWARD

1. In Exercise of the powers conferred by Clause

(d) of sub-section (1) of Section 10 of the Industrial

Disputes Act, 1947 (Central Act 14 of 1947) the

Government of Goa, by Order dated 11-07-2011,

bearing No. 28/09/2011-LAB, referred the following

dispute for adjudication to the Industrial Tribunal

of Goa. The reference was thereafter transferred to

this Labour Court II for its adjudication by the

Appropriate Government, vide its order dated

09-02-2016.

“(1) Whether the action of the Management

of M/s. Adarsh Krishi Sahakari Kharedi

Vikri Prakriya Saunstha Maryadit, Balli,

Quepem-Goa, in terminating the services of

Shri Anant Vithoba Velip, Secretary, with

effect from 28-11-2009, is legal and justified?

(2) If not, what relief the workman is entitled

to?”

2. On receipt of the reference, a case was

registered under No. IT/15/2011 and registered

A/D notice was issued to the parties. In pursuance

to the said notice, the parties put in their

appearance. The Workman/Party-I (for short

“Workman”), filed his Statement of Claim on

22-09-2011 at Exb. 6. The facts of the case in brief

as pleaded by the Workman are that he was

employed with the Employer/Party-II (for short

“Employer”) since March, 1993 and was designated

as Secretary. He stated that though he has been

designated as Secretary, neither he has been elected

as a member of the said establishment nor

performed the duties of administrative, executive

or supervisory in nature. He stated that

subsequently all of sudden and without any

justification, he was demoted and designated as

an ‘Accountant’ and was directed to take the charge

of Accountant against the vacant post w.e.f.

19-04-2008. He stated that on and from 19-04-2008,

he was not working as Secretary of the Employer,

but was working as an Accountant and performing

the duties related to the accounts of the Employer.

He stated that the activities and nature of business

carried out by the Employer are also of financial

and commercial. He stated that the Employer is

generating the funds by charging the amount and

also earning income/profit. He stated that his duties

were to withdraw the sizeable amount of liquid

cash from the bank located at Margao and bring

the said cash to the office of the Employer at Balli

and vice-versa, to deposit the amount into the banks

at Margao or Cuncoliem.

3. He stated that on 10-04-2008, he was asked by

the Employer to withdraw a sum of Rs. 5,00,000/-

from the ICICI Bank, Margao and bring the said

liquid cash to the Employer’s office at Balli. He

stated that in pursuance of the said directions, he

withdrew the said amount from the ICICI Bank,

Margao branch and while returning to the office of

the Employer at Balli on his own scooter, he took

a halt at Cuncolim near bus stand to repair his

mobile. He stated that thereafter, he proceeded to

the Employer’s office, at Balli. He stated that after

reaching the office, he was shocked to know that

a sum of Rs. 4,00,000/- was stolen/misplaced/lost

from the said amount of Rs. 5,00,000/-. He stated

that he therefore immediately filed a police

complaint to that effect at the Cuncoliem Police

Station and also informed the Employer. He stated

that the Employer has however, illegally shown

the said misplaced/stolen/lost amount of

Rs. 4,00,000/- as his loan and started charging the

interest/cost on the said misplaced amount as if he

had obtained the loan from the Employer. He stated

that thereafter the Employer started harassing him

to built up the ground against him.

4. He stated that the Employer, thereafter, by its

letter dated 28-10-2008 suspended him from its

service w.e.f. 20-10-2008. He stated that the

Employer manipulated the accounts and claimed

that he had made some irregularities. He stated

that the Employer also deliberately and

intentionally maligned his image and reputation

within the local area. He stated that in view of the

aforesaid act of the Employer, he not only suffered

mental agony, but also financial hardships.

5. He stated that the Employer terminated his

services w.e.f. 28-11-2009 vide its letter dated

11-12-2009 without seeking any explanation and/

/or by conducting an enquiry by issuing an charge-

sheet. He challenged his termination of service by

raising a dispute before the Conciliation Officer,

Margao. He stated that as he was facing financial

hardship due to his unemployment, he also raised

issue of non-payment of subsistence allowance

before the said authority. He stated that it is as per

the directions of the said authority he was paid

subsistence allowance by the Employer. He stated

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1563

that however the calculations made by the

Employer is also wrong. He stated that he

requested the Employer to rectify the said error

appearing in the calculation, however, the

Employer has not paid any attention to the same.

He stated that the Employer has however not only

deferred the payment of subsistence allowance

during the period of suspension, but also prohibited

to withdraw the said amount from his bank account

by giving directions to its cashier to adjust the

said amount of subsistence allowance to his alleged

loan liabilities.

6. The Workman contended that his termination

from service is illegal and bad-in-law and deserves

to be quashed and set aside. He submitted that

however, neither proper show-cause notice, charge-

-sheet was issued to him nor conducted an enquiry

thereby violated the principles of natural justice.

He submitted that he was not even paid the

subsistence allowance during the period of

suspension. He submitted that however, a farce of

enquiry was conducted in total violation of the

principles of natural justice. He submitted that the

Employer has not followed the provisions of Section

25-F of the I.D. Act, 1947, while terminating his

services. He submitted that his termination from

service amounts to victimization and unfair labour

practice. He submitted that he was the only

earning member in his family. He stated that after

termination of his services he tried his level best

to secure another employment, however, he was

not succeeded in getting employment. The

Workman therefore prayed that his order of

termination from service be set aside and he may

be reinstated in service with full back wages and

consequential benefits thereof.

7. The Employer resisted the claim of the Party

I by filing its written statement on 03-04-2012 at

Exb. 8. The Employer, as and by way of its

preliminary objections, submitted that the

reference is not maintainable in law as well as on

facts of the case, that this Hon’ble Court has no

jurisdiction to entertain and decide the reference,

that the reference is illegal and has been made

without application of mind, that it is a

co-operative society registered under the

Co-Operative Societies Act, 1960 as applied to the

State of Goa and now governed by the Goa

Co-operative Societies Act, 2001 and that the said

Act is a complete code in itself, which provides for

all matters relating to co-operative societies

including resolution of disputes, hence, the

authorities under the I.D. Act have no jurisdiction

to deal with matters relating to the employees of

a co-operative societies. The Employer submitted

that the Party I is not a ‘workman’ within the

meaning of Section 2 (s) of the I.D. Act, 1947 and

that he was employed in managerial, administrative

and supervisory capacity. The Employer also

submitted that the Party I had no cause of action

for raising the matter before the Conciliation

Officer and for pursuing the matter before this

Hon’ble Court.

8. The Employer stated that it is engaged in the

purchase and sale of agricultural products such as

paddy, coconuts, cashew, cereals, spices and other

agricultural products produced by its members and

other agriculturists in the territory. The Employer

stated that it is engaged in these activities to

provide remunerative prices to the agriculturists

and horticulturists for their produce. The Employer

stated that it is also engaged in the sale of consumer

and other goods in order to provide the said goods

to the public at reasonable rate. The Employer

stated that it also advances loans to the needy

persons at reasonable rates. The Employer stated

that it is also engaged in processing of agricultural

produce for its value addition. The Employer stated

that it has been established for the purpose of

rendering help and assistance to the agriculturists

and for providing remunerative prices for their

products. The Employer stated that it is also

engaged in educating the farmers about the

advanced technology and other matters relating

to agriculture. The Employer submitted that it is

not an “industry” and its establishments are not

“industrial establishments”. The Employer stated

that it is carrying out its aforesaid activities through

its head office and branches situated in different

parts of Goa.

9. The Employer stated that the Party I was

employed with them as Secretary. The Employer

stated that he was its senior most salaried officer

and was in control of its management and

administration. The Employer stated that the

Party I was involved with day to day management

and administration affairs and supervision of the

employees working under him. The Employer

stated that the duties of the Party I were to look

after the day to day management and

administration of the business and affairs, operating

its accounts and be responsible for making

arrangements for safe custody of cash and

properties, making arrangement for proper

maintenance of its various books and records,

convening the meetings of its General Body, Board

of Directors and Committees in consultation with

its Chairman and maintaining proper records of

such meetings, assisting its Board of Directors in

the formation of policies and planning, furnishing

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1564

to the board the information regarding its

operation and function, to sign and issue its

cheques, to be the custodian of the records,

common seal, stock and its other properties, to

issue notices and to attend all its meetings, to

arrange proper accounts and its registers as

prescribed under the relevant laws and for

assisting the auditors in auditing its affairs, to

scrutinize the loan applications and other

documents and place them before its Board of

Directors and to take for its recovery of the dues for

debtors and customers.

10.

The Employer stated that on 10-04-2008,

the Party I took two cheques, one bearing

No. 586570 for a sum of Rs. 3,00,000/- and another

cheque bearing No. 586571 for sum of Rs. 2,00,000/-

both dated 10-04-2008 from its cashier,

Mr. Pauto Gaonkar to withdraw the cash. The

Employer stated that the Party I withdrawn the

said cheques from its ICICI, Margao branch,

however, when the cashier requested him to

deposit the said amount of Rs. 5,00,000/-, he

deposited only Rs. 1,00,000/- by contending that

the remaining amount of Rs. 4,00,000/- was stolen

in transit. The Employer stated that the Workman

contended that he had kept the money in the tool

box of his scooter after withdrawing the same from

the bank, that while returning on his scooter, he

stopped near the bus stand at Cuncoliem for repair

of his mobile, that he went inside the shop and

returned immediately, that when he returned at

the head office at Bali and opened the tool box, he

found the bag containing Rs. 1,00,000/- and that a

sum of Rs. 4,00,000/- kept in another tool box was

missing. The Employer submitted that the aforesaid

version of the Party I is ex-facie false and was

intended to justify the misappropriation of the said

sum of Rs. 4,00,000/-.

11. The Employer stated that on 21-11-2007, the

Party I granted a loan of Rs. 1,00,000/- to himself

and transferred the said amount to his account

from their account without the knowledge of its

board of directors. The Employer stated that it was

an established practice in its organization that the

applications for loan received by them were

required to be scrutinized by the Secretary, who

had to ensure that the applications were properly

made in all respects with the names and signatures

of the applicant and his sureties signed before the

issuing authority, submission all necessary

documents, remarks of the Branch Manager and

submission of the loan file to its board of directors

for sanction of loan. The Employer stated that only

after the board approved the loan, a sanction letter

was issued to the loanee and only thereafter the

loan was disbursed to the applicant. The Employer

stated that the said procedure was totally flouted

by the Party I in transferring the said amount of

Rs.1,00,000/- to his own account. The Employer

stated that he was the authorized signatory for

signing the cheques and was responsible for

approval of the cash on their behalf.

12. The Employer stated that on 10-09-2009, a

sum of Rs. 57,157/- was pending against his name

in their account. The Employer stated that this

includes an advance towards purchases of

Rs. 13,931/- in respect of which he failed to submit

the bills, an outstanding amount of Rs.1,875/-

towards fertilizers and salary advance of Rs. 41,361/-.

The Employer submitted that the said amount of

Rs. 57,157/- has been misappropriated by the

Party I. The Employer stated that a sum of

Rs. 26,44,802/- is receivable by them from its

creditors/customers. The Employer stated that the

sale transaction in respect of the aforesaid goods

were done by the Party I keeping its board of

directors in the dark and without maintaining

proper records of the creditors. The Employer stated

that it was the duty and responsibility of the

Party I to recover the said amount from the

customers and keep proper records of all

transactions. The Employer submitted that the

aforesaid acts and omissions of Party I amounts

to dereliction of duties, negligence and

misappropriation of funds.

13. The Employer stated that the Party I had

mortgaged a plot of land identified as plot D in the

property bearing survey No. 53/1 admeasuring

215 sq. mts. situated at Balli village. The Employer

stated that the Party I sold the said plot to

Shri Vinod Yeshwant Komarpant and Mrs. Vidya

Vinod Komarpant without its permission, thus it

has lost a valuable security.

14. The Employer submitted that all the

aforesaid acts constitutes misconduct on the part

of the Party I. The Employer submitted that the

post held by the Party I for the position of trust.

The Employer submitted that by his conduct, the

Party I proved to be untrustworthy and it was not

possible to retain such person in its employment.

The Employer stated that after the aforesaid act of

the Party I came to light, it conducted an enquiry

wherein the illegal acts of the Party I were

confirmed. The Employer stated that it has also

called the explanation from the Party I regarding

his conduct. The Employer stated that however,

the Party I could not give satisfactory explanation

to the queries put to him in the enquiry. The

Employer stated that thereafter, by letter dated

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1565

10-12-2009, it has terminated the services the

Party I w.e.f. 20-11-2009. The Employer submitted

that it lost confidence and trust in the Party I and

as such it could not retain Party I in its service.

The Employer submitted that the termination of

service of the Party I is therefore just, proper and

legal. The Employer therefore prayed for passing

an award dismissing the claim of the Party I and

holding that the termination of service of the Party

I by them is legal and justified and that the Party

I is not entitled to any relief.

15. Thereafter, the Party I filed his rejoinder on

26-06-2012 at Exb. 09. The Party-I, by way of his Re-

joinder, confirms and reiterates all the submissions

and averments made by him in his claim statement

to be true and correct and denies all the statements

and averments made by the Employer in the

Written Statement, which are contrary to the

statements and averments made by him.

16. Based on the pleadings filed by the

respective parties hereinabove, the Hon’ble

Industrial Tribunal-cum-Labour Court framed the

following issues on 28-07-2014 at Exb.19.

1. Whether the Party I proves that he is a

‘workman’ under the purview of Section

2 (s) of the I.D. Act, 1947?

2. Whether the Party I proves that termination

of his services by Party II is totally illegal,

unjustified, in violation of Section 25F of

I.D. Act and is carried out with the sole

intention to harass and victimize him?

3. Whether the Party I proves that despite his

suspension he was not paid subsistence

allowance till the termination of his service?

4. Whether the Party I proves that after

termination of his services he tried his level

best to get another employment but did

not succeed?

5. Whether the Party II proves that authorities

under the I.D. Act have no jurisdiction to

deal with the matter relating to the

employees of a co-operative society since

the Goa Co-operative Societies Act, 2001 is

a complete code in itself?

6. What relief? What Award?

17. Thereafter, the Party I filed his affidavit-in-

-evidence and produced on record certain

documents in support of his case. He was partly

cross-examined by the Ld. Advocate for the

Employer. The Party I expired on 06-08-2016,

pending

his

further

cross-examination.

On 27-06-2017, Ld. Adv. Shri S. K. Manjrekar,

representing the legal heirs of the deceased

Workman as well as Ld. Adv. Shri A. V. Nigalye

appearing for the Employer remained present and

submitted that the parties have settled the matter

amicably and prayed for passing of the consent

award in terms of the settlement and produced on

record the consent terms at Exb.41 duly signed by

both the parties. I have carefully perused the

consent terms filed by the parties herein above

and is of the opinion that the said consent terms

are beneficial to the Workman and hence,

consented to the same.

In view of the above, I proceed to pass the

following order:

ORDER

1. In view of the amicable settlement between

the parties herein above, it is held that the

action of the Management of M/s. Adarsh

Krishi Sahakari Kharedi Vikri Prakriya

Saunstha Maryadit, Balli, Quepem-Goa, in

terminating the services of Shri Anant

Vithoba Velip, Secretary, with effect from

28-11-2009, is legal and justified, does not

survive.

2. The workman Shri Anant Vithoba Velip, is

not entitled to any relief.

3. No order as to costs

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II

———u———

Inspectorate of Factories and Boilers

__

Notice

No. IFB/BAE/(A-220)2017

The Board of Examiners under the Boiler

Operation Engineers Rules, 2011 declares the

following candidates to have passed in the

examinations conducted between 11th September,

2017 to 15th September, 2017, for certificate of

proficiency as Boiler Operation Engineers.

Sr.

Name of the candidates

No.

1.

Shri Suman Chattoraj.

2.

Shri Suraj Subhash Chodankar.

R. T. Korgaonkar, Secretary, Board of Examiners

under B.O.E. Rules, 2011.

Altinho, Panaji, 15th September, 2017.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1566

Department of Law & Judiciary

Law (Establishment) Division

__

Order

No. 2/49/2015-LD(Estt)/1240

On the recommendation of the Goa Public Service

Commission (GPSC) as conveyed vide their letter

No. COM/II/11/55(2)/2015/593 dated 02-08-2017,

Government is pleased to promote Smt. Aarti Anil

Parvatkar, Head Clerk/UDC to the post of Civil

Registrar-cum-Sub-Registrar on regular basis in the

Pay Band 2, Rs. 9,300-34,800+ Grade Pay Rs. 4,200/-

(Level-6 as per 7th Pay Commission) and other

allowances to be fixed as per rules with immediate

effect.

The above Officer shall be on probation for a

period of two years.

Consequent upon her promotion, she shall

continue to work at place where she was presently

working on ad hoc basis.

Salary shall be drawn against Budget

Head

2030—Stamps

and

Registration,

03—Registration, 001—Direction and Adminis-

-tration, 02—District Charges, 01—Salaries. She shall

exercise her option for fixation of the pay in the

promotional grade in terms of FR 22 (I) (a) (1) within

a period of one month from the date of their promotion

as Civil Registrar-cum-Sub-Registrar. The option

once exercised shall be final.

By order and in the name of the Governor

of Goa.

Anju S. Kerkar, Under Secretary (Estt.).

Porvorim, 4th September, 2017.

________

Order

No. 8/34/2005-LD(Estt.)/Part I/1250

Read: 1) Order No. 2/59/2015-LD(Estt.)/827 dated

25-04-2016.

On the recommendation of the Goa Public

Service Commission (GPSC) conveyed vide their

letter No. COM/II/11/55(3)/2015/592 dated

02-08-2017, approval of the Government is hereby

accorded for extension of ad hoc promotion to the

following Civil Registrars-cum-Sub-Registrars on

the same terms and conditions cited in order

No. (1) referred to in the preamble.

Sr.

Name of the Officers

Period of extension

No.

for interim period

1. Smt. Freeda J. B. Gomes-CRSR

26-04-2017 to

24-07-2017.

2. Shri Domingos Martins-CRSR

26-04-2017 to

24-07-2017.

3. Smt. Sunanda T. Gauns-CRSR

26-04-2017 to

24-07-2017.

This issues with the approval of the Government.

By order and in the name of the Governor

of Goa.

Anju S. Kerkar, Under Secretary (Estt.).

Porvorim, 4th September, 2017.

________

Order

No. 6-1-2014-LD(Estt)/1254

On the recommendation of the Goa Public Service

Commission (GPSC) as conveyed vide their letter

No. COM/II/11/55(1)/2017/716 dated 12-07-2017,

Government is pleased to promote the following

Civil Registrar-cum-Sub-Registrar to the post of

District Registrar on regular basis in the Pay Band 3,

Rs.15,600-39,100/- + Grade Pay Rs. 5,400/- (Level-9

as per 7th Pay Commission) and other allowances to

be fixed as per rules with immediate effect:

1. Shri Vasudev T. Hadkonkar.

The above Officer shall be on probation for a

period of two years.

Consequent upon his promotion, he shall continue

to work at place where he was presently working on

ad hoc basis.

The expenditure towards the Salary and other

allowances shall be debited under the Demand

No. 10 Budget Head 2030— Stamps and Registration,

03—Registration, 001—Direction and Adminis-

tration, 01—Superintendence, 01—Salaries. He shall

exercise their option for fixation of the pay in the

promotional grade in terms of FR 22 (I) (a) (1) within

a period of one month from the date of their promotion

as District Registrar. The option once exercised shall

be final.

By order and in the name of the Governor

of Goa.

Anju S. Kerkar, Under Secretary (Estt.).

Porvorim, 12th September, 2017.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1567

Department of Personnel

__

Order

No. 15/6/2003-PER(Part)/2669

On recommendation of the Departmental

Promotion Committee as conveyed by Goa Public

Service Commission vide its letter No. COM/II/11/

/42(2)/2017/831 dated 24-8-2017, the Governor of Goa

is pleased to promote following officers in the cadre

of Mamlatdars/Joint Mamlatdars/Assistant Director

of Civil Supplies, Group ‘B’ Gazetted in Level-7 of

pay matrix, with immediate effect.

Sr.

Name of the Officer

No.

1.

Shri Nathan Leonard Afonso.

2.

Smt. Deona Pereira.

3.

Shri Rajesh G. Sakhalkar.

4.

Shri Shailendra J. Dessai.

The pay of the above mentioned officers shall be

fixed as per C.C.S.(RP) Rules, 2016 and they shall

exercise option within one month from the date of

issue of this Order.

The officers shall be on probation for a period of

two years from the date of their joining.

Ms. Priya S. Samant @ Priya V. Kamat is promoted

to the cadre of Mamlatdars/Joint Mamlatdars/

/Assistant Director of Civil Supplies, Group ‘B’

Gazetted in the pay scale Level-7, “on officiating

basis” against the vacancy of one officer whose

recommendation is kept in Sealed Cover until further

order.

On promotion, the officers shall continue to hold

the posts presently held by them.

By order and in the name of the Governor

of Goa.

Shashank V. Thakur, Under Secretary (Personnel-I).

Porvorim, 7th September, 2017.

________

Order

No. 5/3/2017-PER/2731

Read: Order No. 5/3/2017-PER dated 05-09-2017.

The salary of the Officers mentioned in column 2

promoted to Junior Scale of Goa Civil Service vide

order read in preamble shall be adjusted against the

Junior Scale posts mentioned in column 3 with effect

from the date of accepting the promotion until

further order.

Sr.

Name and feeder grade

Pending posting,

No.

of the promoted Officer

salary to be drawn

against the post of

1

2

3

1. Smt. Nayan Moroscar,

Deputy Director

Superintendent of

(Admn.), Social

Excise

Welfare.

2. Shri A. S. Mahatme,

Deputy Director

Asst. Registrar of Co-op.

(Admn.), Fisheries.

Societies

3. Shri Ramesh P. Naik,

Deputy Director

Asst. Registrar of

(Admn.), Art and

Co-op. Societies

Culture.

4.. Smt. Darshani Samir

Deputy Director (Admn.),

Dessai,

State Registrar &

Commercial Tax Officer

Notary Services.

5. Shri Amir Yeshwant Parab, Deputy Director

BDO

(Admn.), Town &

Country Planning.

6. Shri Raju Rogunath Dessai, Deputy Director

Technical Officer

(Admn.), Planning &

Statistics.

This is issued with the approval of the Chief

Secretary.

Shashank V. Thakur, Under Secretary (Personnel-I).

Porvorim, 12th September, 2017.

________

Order

No. 7/13/2015-PER/2744

Read: Order No. 14020/03/2017.UTS-I dated

29-05-2017.

The Governor of Goa is pleased to relieve Shri

Virendra Kumar, IAS (AGMUT: 2006), Resident

Commissioner, Goa Sadan, from this Administration

with effect from 13-09-2017 (f.n.) to take up his new

assignment at Government of NCT of Delhi.

By order and in the name of the Governor

of Goa.

Shashank V. Thakur, Under Secretary (Personnel-I).

Porvorim, 12th September, 2017.

________

Order

No. 13/6/2015-PER/2751

Whereas, the Government vide Order No. 13/6/

/2015-PER/1218 dated 28-04-2017 was pleased to

grant extension in services to Shri Bhaskar G.

Nayak, Principal, Government College of Arts,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1568

Science and Commerce, Quepem with additional

charge of Director, Higher Education, Porvorim for

a period of one month w.e.f. 01-05-2017 to 31-05-2017

subject to Vigilance Clearance, concurrence of

Finance Department and approval of Cabinet;

And whereas, the Vigilance Department has now

submitted Vigilance Clearance stating that no

Disciplinary Proceedings/Vigilance cases are

pending or being contemplated against Shri Nayak.

And whereas, the Finance Department vide its

U. O. No. 1400031608 dated 28-06-2017 has

submitted that the proposal being fate accompli,

may process the proposal in terms of Rule 7 (2) of

Rules of Business of Government of Goa, 1991;

And whereas, the Council of Ministers in its

XIVth meeting held on 06-09-2017 has approved to

grant ex-post facto approval for extension in service

beyond superannuation to Shri Bhaskar G. Nayak,

Principal, Government College of Arts, Science and

Commerce, Quepem with additional charge of

Director, Higher Education, Porvorim for a period of

one month w.e.f. 01-05-2017 to 31-05-2017.

Now, therefore, the Government is pleased to

grant extension in service beyond superannuation

to Shri Bhaskar G. Nayak, Principal, Government

College of Arts, Science and Commerce, Quepem

with additional charge of Director, Higher

Education, Porvorim for a period of one month w.e.f.

01-05-2017 to 31-05-2017.

By order and in the name of the Governor

of Goa.

Shashank V. Thakur, Under Secretary (Personnel-

-II).

Porvorim, 14th September, 2017.

________

Corrigendum

No. 7/13/2015-PER

Read: Order No. 7/13/2015-PER dated 12-09-2017.

In the Order referred to in the preamble, the

phrase “w.e.f. 13-09-2017 (F.N.)” shall be substituted

to read as “w.e.f. 15-09-2017 (A.N.)”.

By order and in the name of the Governor

of Goa.

Shashank V. Thakur, Under Secretary (Personnel-I).

Porvorim, 15th September, 2017.

Department of Public Health

__

Order

No. 25/2/2014-I/PHD/Part/1605

On the recommendation of the Goa Public Service

Commission conveyed vide their letter No. COM/

/II/12/24(11)/17/797 dated 09-08-2017, Government

is pleased to declare satisfactory completion of

probation period of two years of the following Senior

Gynaecologist under Directorate of Health Services

and also to confirm him against the said post with

effect from the date of his completion of probation

period indicated against his name:

Sr.

Name of the Doctor

Date of completion

No.

of probation period

1.

Dr. Mahendra Ghanekar,

18-10-2011.

Senior Gynaecologist

By order and in the name of the Governor

of Goa.

Maria Seomara Desouza, Under Secretary (Health-

-II).

Porvorim, 7th September, 2017.

________

Order

No. 25/2/2014-I/PHD/1606

Read: Order No. 8-2-93-I/PHD dated 09-07-1999.

On the recommendation of the Goa Public Service

Commission conveyed vide their letter No. COM/

/11/12/24(7)/17/754 dated 25-07-2017, Government

is pleased to confirm Dr. Deepak Dhond against the

post of Junior Radiologist under Directorate of

Health Services with effect from 01-04-1995 i.e. the

date of his completion of probation period.

By order and in the name of the Governor

of Goa.

Maria Seomara Desouza, Under Secretary (Health-

-II).

Porvorim, 7th September, 2017.

________

Order

No. 44/14/2017-I/PHD/1607

On the recommendation of the Goa Public Service

Commission conveyed vide their letter No. COM/

/II/12/24(8)/17/800 dated 09-08-2017, Government is

pleased to declare satisfactory completion of

probation period of two years of the following Senior

Radiologists under Directorate of Health Services

and also to confirm them against the said post with

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1569

effect from the date of completion of their probation

period indicated against their names:

Sr.

Name of the Doctor

Date of completion

No.

of probation period

1.

Dr. Angelica Siona Gomes,

09-9-1993.

Senior Radiologist

2.

Dr. Shirley Ribeiro,

22-12-2011.

Senior Radiologist

By order and in the name of the Governor

of Goa.

Maria Seomara Desouza, Under Secretary (Health-

-II).

Porvorim, 7th September, 2017.

________

Order

No. 11/4/2017-IV/PHD

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/II/11/14(2)/2017/834 dated 24-08-2017, Government

is pleased to promote Dr. Paul Chalakkal, Lecturer in

Pedodontics to the post of Assistant Professor in

Pedodontics in Goa Dental College and Hospital,

Bambolim on regular basis in the Level-11 of Pay

Matrix and other allowances to be fixed as per rules

with immediate effect.

The promotion is made against the vacancy

occurred due to promotion of Dr. John S. L. Rodrigues,

Assistant Professor to the post of Professor in

Pedodontics, Goa Dental College and Hospital, vide

Order No. 11/3/89-IV/PHD/4 dated 24-05-2017.

By order and in the name of the Governor

of Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 8th September, 2017.

________

Order

No. 44/19/2017-I/PHD/Part/1617

On the recommendation of the Goa Public Service

Commission conveyed vide their letter No. COM/

/II/12/24(9)/17/798 dated 9-08-2017, Government is

pleased to declare satisfactory completion of

probation period of two years of the following Senior

Ophthalmic Surgeons under Directorate of Health

Services and also to confirm them against the said

post with effect from the date of completion of their

probation period indicated against their names:

Sr.

Name of the Doctor

Date of completion

No.

of probation period

1.

Dr. Saleena Naik,

17-2-2006.

Senior Ophthalmic Surgeon

2.

Dr. Conrad D’Sa,

19-10-2011.

Senior Ophthalmic Surgeon

By order and in the name of the Governor

of Goa.

Maria Seomara Desouza, Under Secretary (Health-

-II).

Porvorim, 8th September, 2017.

________

Order

No. 44/17/2014-I/PHD/1618

Read: Order No. 8/56/91-I/PHD dated 06-2-1996.

On the recommendation of the Goa Public Service

Commission conveyed vide their letter No. COM/

/II/12/24(4)/17/757 dated 25-07-2017, Government is

pleased to confirm Dr. Swati Mulgaonkar against the

post of Junior Anaesthetist under Directorate of

Health Services with effect from 28-10-1993 i.e. the

date of completion of her probation period.

By order and in the name of the Governor

of Goa.

Maria Seomara Desouza, Under Secretary (Health-II).

Porvorim, 8th September, 2017.

________

Order

No. 25/2/2014-I/PHD/Part-I/1619

Read: Order No. 9-24-94-I/PHD dated 30-08-1999.

On the recommendation of the Goa Public Service

Commission conveyed vide their letter No. COM/

/11/12/24(6)/17/753 dated 25-07-2017, Government

is pleased to confirm Dr. Doreen Dias against the

post of Senior Psychiatrist under Directorate of

Health Services with effect from 31-03-1996 i.e. the

date of her completion of probation period.

By order and in the name of the Governor

of Goa.

Maria Seomara Desouza, Under Secretary (Health-

-II).

Porvorim, 7th September, 2017.

________

Order

No. 4/4/2007-II/PHD/Part/1166

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 25

21ST SEPTEMBER, 2017

1570

/II/11/30(4)/2015/759 dated 25-07-2017, Government

is pleased to promote Dr. Ankush Balasaheb Patil,

Assistant Lecturer to the post of Lecturer in the

Department of Forensic Medicine in Goa Medical

College and Hospital, Bambolim on regular basis in

the Level 11 of Pay Matrix and other allowances to

be fixed as per rules with immediate effect.

The promotion is made against the vacancy

occurred due to promotion of Dr. Kantak Mandar to

the post of Assistant Professor in the Department of

Forensic Medicine in Goa Medical College vide Order

No. 4/4/2007-II/PHD/Part II dated 03-06-2015.

By order and in the name of the Governor

of Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 12th September, 2017.

________

Order

No. 47/1/2011-I/PHD/1669

Read: 1. Order No. 47/1/2011-I/PHD dated 12-6-2012.

2. Order No. 47/1/2011-I/PHD dated 22-8-2013.

3. Order No. 47/1/2011-I/PHD dated 10-9-2014.

4. Order No. 47/1/2011-I/PHD dated 18-6-2015.

5. Order No. 47/1/2011-I/PHD dated 19-7-2016.

Ex-post facto approval of the Government is

hereby conveyed for extension of deputation of

Dr. Vasco Teles, Medical Officer, North Goa District

Hospital, Mapusa under Directorate of Health

Services as Medical Officer (Male) in Central Jail,

Colvale for further period from 12-06-2017 to

30-06-2017 as a special case, subject to the condition

that he shall not be entitled to draw deputation

allowances.

By order and in the name of the Governor

of Goa.

Maria Seomara Desouza, Under Secretary (Health-II).

Porvorim, 14th September, 2017.

———uuu———

Department of Transport

Directorate of Transport

__

Corrigendum

No. D.Tpt/EST/1997/(PF)2017/3174

Read: Notification No. D.Tpt/EST/1997/(PF)2017/

/1775 dated 06-07-2017.

The following name of Directors on Board of

Directors of Kadamba Transport Corporation Limited

appearing at Sl. No. 1, 6 and 7 be corrected to read

as follows:

1. Shri Samil Audumber Volvaiker, Keni, Colony,

Corlim, Tiswadi-Goa.

2. Shri Shivdas Ramnath Shirodkar, Nachinola,

Aldona, Bardez-Goa.

3. Shri Shivaji Narayan Gauns, Bhati, Anjuna,

Bardez-Goa.

By order and in the name of the Governor of

Goa.

Nikhil Desai, Director & ex officio Addl. Secretary

(Transport).

Panaji, 13th September, 2017.

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