Panaji, 29th March, 2018 (Chaitra 8, 1940)
SERIES II No. 52
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: [email protected]
2299
RNI No. GOAENG/2002/6410
Reg. No. G-2/RNP/GOA/32/2018-20
GOVERNMENT OF GOA
Department of Agriculture
Directorate of Agriculture
__
Order
No. 2/14/95/Agri(Part)/Vol. II/256
Government is pleased to order the transfer of the following Agriculture Officers/Zonal Agriculture
Officers, Group “B” Gazetted of this Department to the offices indicated below against their
names.
Sr.
Name of the
Place of present posting
Place of posting on transfer
No.
officer
1
2
3
4
1. Shri Naguesh G.
Zonal Agriculture Officer,
As Zonal Agriculture Officer, Dharbandora
Komarpant
Ponda
vice Shri Shivdas Goankar being transferred.
2. Shri Shivdas Goankar
Zonal Agriculture Officer,
As Farm Superintendent, Government
Dharbandora
Agriculture Farm, Kalay vice Smt. Janice
Flossy Gomes being transferred.
3. Shri Dattatraya Pandit
On deputation against the
After curtailing the deputation period as
post of Water Management
Zonal Agriculture Officer, Ponda in place
Specialist, Water Resources
Shri Naguesh Komarpant being transferred.
Department, Command Area
Development Authority,
Gogol, Margao
4. Smt. Janice Flossy
Farm Superintendent,
On deputation to Command Area Develop-
Gomes
Government Agriculture
ment Authority, Gogol, Margao as “Water
Farm, Kalay
Management Specialist” in place of Shri
Dattatraya Pandit being transferred.
Note:-
There are three Extraordinary issues to the Official Gazette, Series II No. 51 dated 22-03-2018 as follows:—
(1) Extraordinary dated 22-03-2018 from pages 2291 to 2294 regarding Notifications from Department of
Elections.
(2) Extraordinary (No. 2) dated 23-03-2018 from pages 2295 to 2296 regarding Orders from Department of
Elections & Department of Urban Development.
(3) Extraordinary (No. 3) dated 26-03-2018 from pages 2297 to 2298 regarding Notification from Department
of Finance.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2300
5. Shri Shariff Furtado
On deputation against the
On expiry of deputation period w.e.f.
post of Soil Survey In-charge, 31-03-2018, posted as Farm Superintendent,
Water Resources Department,
Codar in place Shri Shrikant Mone, placed
Command Area Development
under suspension.
Authority, Gogol, Margao
6. Smt. Kameshwari
Agriculture Officer (North-II),
On deputation to Water Resources Depart-
Raikar
District Agriculture Office,
ment, Command Area Development Authority,
North
Gogol, Margao as “Soil Survey In-charge” in
place of Shri Shrariff Furtado being transferred.
The deputation period of Shri Dattatraya Pandit, Agriculture Officer against the post of “Water
Management Specialist” at Command Area Development Authority, Gogol, Margao is curtailed
w.e.f. 31-03-2018.
Smt. Janice Flossy Gomes, Farm Superintendent, Government Agriculture Farm, Kalay is transferred
on deputation against the post of “Water Management Specialist” at Command Area Development
Authority, Gogol, Margao.
On expiry of the deputation period of Shri Sharif Furtado, against the post of “Soil Survey Incharge”
at Command Area Development Authority, Gogol, Margao w.e.f. 31-03-2018, Shri Furtado is posted as Farm
Superintendent, Government Agriculture Farm, Codar and Smt. Kameshwari Raikar, Agriculture Officer
(North-II), District Agriculture Office, North is posted on deputation against the post of “Soil Survey
Incharge” at Command Area Development Authority, Gogol, Margao in place of Shri Furtado.
The deputation of Smt. Janice Flossy Gomes against the post of Water Management Specialist &
Smt. Kameshwari Raikar against the post of Soil Survey Incharge to Water Resources Department, Command
Area Development Authority, Gogol, Margao shall initially be for a period of two years from the date
of taking charge of the post and shall be governed by standard terms of deputation as contained in
O.M. No. 13/4/74-PER dated 12-02-1999 and 11-01-2007 issued by Personnel Department and amended
from time to time.
The above Officers shall stand relieved from their respective posts w.e.f. 29-03-2018 (a.n.). They shall
hand over the charge to the respective link officer and proceed for joining their new postings w.e.f.
02-04-2018, since 30-03-2018 to 01-04-2018 are holidays.
No joining time will be allowed in case there is no change of residence.
By order and in the name of the Governor of Goa.
Nelson X. Figueiredo, Director & ex officio Joint Secretary (Agriculture).
Tonca-Caranzalem, 20th March, 2018.
———uuu———
1
2
3
4
Department of Civil Supplies and
Consumer Affairs
—
Order
No. DCS/ENF/DSB-24/2017-18/546
The Government of Goa is pleased to constitute
a ‘Monitoring Committee’ comprising of following
Members to assist the State Government as
Monitoring Mechanism to supervise the activities
of Direct Selling:-
(i) Director, Civil Supplies and
— Chairman.
Consumer Affairs
(ii) Representative of Commercial — Member.
Taxes
(iii) Representative of Indus-
— Member.
tries, Trade & Commerce
(iv) Controller of Legal Metrology — Member.
(v) Director, Food & Drugs
— Member.
Administration
(vi) Representative of Police
— Member.
Department
(vii) Representative of Economic
— Member.
Cell
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2301
(viii) Representative of Registrar
— Member.
of Companies
(ix) Asst. Registrar of Co-operative — Member.
Societies
(x) Representative of Securities
— Member.
and Exchange Board of India
(SEBI)
(xi) Representative of RBI
— Member.
(xii) Co-ordinator GOACAN, NGO — Member.
The above Committee will assist the Department
of Civil Supplies and Consumer Affairs to monitor/
/supervise the activities of Direct Sellers, Direct
Selling Entity regarding compliance of the
guidelines for Direct Selling.
This issues with the approval of the Government.
By order and in the name of the Governor
of Goa.
Mahesh V. Corjuenkar, Director & ex officio Joint
Secretary (Civil Supplies & Consumer Affairs).
Panaji, 21st March, 2018.
________
Order
No. DCS/ENF/DSB-24/2017-18/547
The Ministry of Consumer Affairs, Food & Public
Distribution, Department of Consumer Affairs vide
Office Memorandum dated 27th June, 2017 had
issued an Advisory to the State Government along
with Model Guidelines on Direct Selling Entities
and had directed the State Government to
nominate Nodal Officer to deal with various
aspects relating to Direct Selling in the State
of Goa.
The Government of Goa is pleased to nominate
Shri Franklin Ferrao, Assistant Director of the
Department of Civil Supplies and Consumer Affairs
as ‘Nodal Officer’ to deal with various aspects
relating to Direct Selling in the State of Goa.
This issues with the approval of the Government.
By order and in the name of the Governor
of Goa.
Mahesh V. Corjuenkar, Director & ex officio Joint
Secretary (Civil Supplies & Consumer Affairs).
Panaji, 21st March, 2018.
Department of Co-operation
Office of the Registrar of Co-operative Societies &
ex officio Joint Secretary
__
Order
No. 50/3/(28)/ELEC/DDCHS/BOD/RCS/QZ/15/4972
Read: Letter No. 17-80/Elec/ARQZ/DDCHS/2017/
/832 dated 16-10-2017 received from Asstt.
Registrar of Co-op. Societies, Quepem-
Zone, Quepem-Goa to fill the three vacant
posts of Director of the Datta Digamber
Co-op. Housing Society Ltd., Curchorem-
-Goa.
The Government of Goa is pleased to exempt
the Datta Digamber Co-op. Housing Society Ltd.,
Curchorem-Goa, from the provisions of Section 59(4)
of the Goa Co-op. Societies Act, 2001 for the term
i.e. 2017 to 2022 by invoking the powers under
Section 126A of the Goa Co-op. Societies Act, 2001.
By order and in the name of the Governor
of Goa.
Sanjiv M. Gadkar, Registrar & ex officio Addl.
Secretary (Co-op. Societies).
Panaji, 21st March, 2018.
———uuu———
Department of Education, Art & Culture
Directorate of Higher Education
__
Order
No. 8/1/2017-DHE/4242
Read: 1) Order No. 8/1/2017-DHE/3761 dated
15-02-2018.
2) Letter No. 9/19/99-HE/NOC/Teach-Staff/
/U-21/PF/Dempo/Part-III/4141 dated
08-03-2018.
Shri Krishnakumar Nanu Bandolkar appointed
as Assistant Professor in Economics under
Directorate of Higher Education and posted in
Government College of Arts, Science and
Commerce, Sanquelim vide Order read in preamble
shall discharge his duties at Government College
of Arts, Science and Commerce, Quepem-Goa on
working arrangement basis with effect from
02-05-2018 (b.n.) after joining to the said post in
Government College of Arts, Science and
Commerce, Sanquelim w.e.f. 30-04-2018 (a.n.).
Diwan N. Rane, Under Secretary (Higher
Education).
Porvorim, 16th March, 2018.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2302
Directorate of Technical Education
Polytechnic Section
__
Order
No. 26/2/12/2001/DTE/3952
On the recommendations of the Goa Public
Service Commission conveyed vide their letter
No. COM/II/12/34(1)/2014/1087 dated 26-02-2018,
the Government of Goa is pleased to declare the
following Group ‘A’ Gazetted Officers of Government
Polytechnic, Curchorem, Goa to have satisfactorily
completed their probation period and confirm them
in the post with effect from date mentioned in the
respective column against their names.
Sr.
Name of the
Designation
Date of
No.
incumbent
confirmation
1. Smt. Bhumite
Lecturer in
08-07-2015.
Shridharth G.
Computer
Dessai
Engineering
2. Smt. Zindia
Lecturer in
08-07-2015.
Kapil Raikar
Electronics
Engineering
3. Ms. Siddhi Satish
Lecturer in
31-07-2015.
Pai alias Siddhi
Electrical
Ramkrishna Sinai
Engineering
Talwadker
By order and in the name of the Governor
of Goa.
Vivek B. Kamat, Director & ex officio Additional
Secretary (Technical Education).
Porvorim, 21st March, 2018.
———uuu———
Department of Elections
Goa State Election Commission
__
Order
No. 4/15/EMC/PS/2017-Sec/269
Whereas, Goa State Election Commission vide
its Notification No. 4/15/EMC/PS/2017-SEC/255 and
Order No. 4/15/EMC/PS/2017-SEC/254 dated
22-03-2018 has notified the schedule for conducting
General Elections to Ponda Municipal Council;
And whereas, the Goa State Election
Commission in exercise of the powers vested in it
under Article 243K and 243ZA of the Constitution
of India, read with Sec. 237 of the Goa Panchayat
Raj Act, 1994, Sec. 10A of Goa Municipalities Act,
1968 and Sec. 11 of the City of Panaji Corporation
Act, 2002; vide Notification No. L.B. Elections/
/2015-SEC/Code of Conduct dated 05-02-2016 has
prescribed the Model Code of Conduct for various
local bodies elections;
And whereas, the aforesaid Model Code of
Conduct is available on the website of the
Commission at the following address: sec.goa.gov.in;
Now therefore, keeping in view the above; the
Commission in exercise of its powers as
aforementioned hereby directs all the Candidates/
/Political Parties that the said Model Code of
Conduct shall be followed scrupulously and further
directs that the model code shall remain operative
within the jurisdiction of Ponda Municipal Council
only. The code shall come into force w.e.f. 6th April,
2018 and shall remain in force till 7th May, 2018 or
counting is over.
R. K. Srivastava, IAS (Retd.), Goa State Election
Commissioner.
Panaji, 23rd March, 2018.
________
Order
No. 4/15/EMC/PS/2017-Sec/270
Whereas, Goa State Election Commission vide
its Notification No. 4/15/EMC/PS/2017-SEC/253 and
Order No. 4/15/EMC/PS/2017-SEC/252 dated
22-03-2018 has notified the schedule for conducting
General Elections to Sanquelim Municipal Council;
And whereas, the Goa State Election
Commission in exercise of the powers vested in it
under Article 243K and 243ZA of the Constitution
of India, read with Sec. 237 of the Goa Panchayat
Raj Act, 1994, Sec. 10A of Goa Municipalities Act,
1968 and Sec. 11 of the City of Panaji Corporation
Act, 2002; vide Notification No. L.B. Elections/2015-
-SEC/Code of Conduct dated 05-02-2016 has
prescribed the Model Code of Conduct for various
local bodies elections;
And whereas, the aforesaid Model Code of
Conduct is available on the website of the
Commission at the following address: sec.goa.gov.in;
Now therefore, keeping in view the above; the
Commission in exercise of its powers as
aforementioned hereby directs all the Candidates/
/Political Parties that the said Model Code of
Conduct shall be followed scrupulously and further
directs that the model code shall remain operative
within the jurisdiction of Sanquelim Municipal
Council only. The code shall come into force
w.e.f. 12th April, 2018 and shall remain in force till
7th May, 2018 or counting is over.
R. K. Srivastava, IAS (Retd.), Goa State Election
Commissioner.
Panaji, 23rd March, 2018.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2303
Department of General Administration
__
Corrigendum
No. 2/2/2017-GAD-III
Read: Government Notification No. 2/2/2017-GAD-
-III/3126 dated 12-10-2017.
The Government of Goa, vide Notification read
in premble has declared “Annual Closing of
Accounts by Banks on Sunday, 01st April, 2018
(11 Chaitra, 1940). Now, the Government of Goa is
pleased to bring an amendment to the aforesaid
Notification by declaring “Annual Closing of
Accounts by Banks on Monday, 02nd April, 2018
(12 Chaitra, 1940).
Above holiday is limited for the Banks only.
By order and in the name of the Governor
of Goa.
Varsha S. Naik, Under Secretary (GA-I).
Porvorim, 28th March, 2018.
———uuu———
Department of Home
Home—General Division
—
Order
No. 9/12/2018-HD(G)/886
Whereas, it has been reported by various News-
papers and Electronic Media that the inmates of
the Under-trial Block of Central Jail, Colvale have
allegedly consumed spiked drink on 13-02-2018,
on the occasion of Mahashivratri, that was prepared
by one of the inmates, due to which, one Jail Guard
by name Shri Kiran Naik and 02 under-trial inmates
were hospitalized;
And whereas, the Government is of the view
that the enquiry conducted by the Superintendent,
Central Jail, Colvale is not upto the mark and failed
to bring about the exact cause of spiking of milk
which has threatened the lives of the inmates;
And whereas, the said incident has brought to
light a blatant breach of security cordon and lapses
on the part of both the Jail Officials and the Indian
Reserve Battalion Force who have been posted for
frisking and security purpose;
And whereas, the Government is of the view
that clear facts on the incident are to be brought
out and fix responsibility for the said incident and
therefore the matter needs to be inquired
impartially. The Government therefore deems it fit
and proper to order magisterial inquiry into the
matter;
Now therefore, Government hereby appoints
the Additional Collector-I (North) as Inquiry Officer
to conduct magisterial inquiry into the above
matter, on the following terms of reference:
1. How and who has supplied milk, tablets and
other substance that have been used by the
said under-trial prisoner to prepare the
spiked drink?
2. Whether there was any food poisoning?
3. Whether there was any foul play?
4. Whether there was any defect in the
infrastructure which led to the incident?
5. Whether there was negligence on the part
of the Jail Officials or the Indian Reserve
Battalion Personnel?
6. Whether any of the Jail Officials or the
Indian Reserve Battalion Personnel are
responsible for the said incident?
7. Suggestions and recommendation to prevent
recurrence of such incident in future.
8. Any other issues that may arise during the
course of enquiry.
The inquiry report shall be submitted within a
period of 30 days from the date of issue of this
Order.
By order and in the name of the Governor
of Goa.
Neetal P. Amonkar, Under Secretary (Home).
Porvorim, 20th March, 2018.
________
Notification
No. 1/12/2015-HD(G)/784
In exercise of the powers conferred by Clause (s)
of Section 2 of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974) and in partial
modification of the Government Notification
No. HD-G-44-415/77 dated 19-11-1977, published
in the Official Gazette, Series II No. 34 dated 24th
November, 1977, the Government of Goa hereby
declares the place mentioned in Column (2) of the
Schedule hereto to be Police Station with
jurisdiction over the areas mentioned in the
corresponding entries in Column (3) of the said
Schedule.
SCHEDULE
Sl.
Place
Jurisdiction
No.
1
2
3
1.
Porvorim Police
1. Alto Betim.
Station
2. Ramnagar.
3. Patrakar Colony.
4. Pundalik Nagar.
5. Housing Board Colony.
6. Police Quarters.
7. Customs Colony.
8. Torda Betim.
9. Alto Porvorim.
10. Ambirna Soccur.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2304
11. Porvorim Bazar.
12. Aradi Soccur.
13. Salvador do Mundo.
14. Paithan.
15. Britona.
16. Penha de France.
17. Pomburpa.
18. Ekoshi.
19. Betim (OP).
20. Verem.
21. Reis Magos.
22. Nerul.
23. Pilerne.
24. Malim.
25. Vaddem Soccur.
26. Karem Soccur.
27. Virlosa.
28. Socorro.
This Notification shall come into force with
immediate effect.
By order and in the name of the Governor
of Goa.
Neetal P. Amonkar, Under Secretary (Home).
Porvorim, 15th March, 2018.
________
Notification
No. 24/12/2017-HD(G)/802
In exercise of the powers conferred by sub-rule
(1A) of Rule 4 of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Rules,
1995, the Government of Goa hereby specifies the
following panel of Public Prosecutors for
conducting cases in the Special Courts in the
North Goa District and South Goa District, namely:-
North Goa District
South Goa District
1. Smt. Poonam Bharne.
1. Shri Ladislau
2. Smt. Anuradha Talaulikar.
Fernandes.
3. Ms. Clarita Simoes.
2. Shri Bhanudas
Gaonkar.
3. Smt. Asha Arsekar.
4. Shri Subhash
Dessai.
The aforesaid panel shall remain in force for a
period of three years from the date of publication
of this Notification in the Official Gazette.
By order and in the name of the Governor
of Goa.
Neetal P. Amonkar, Under Secretary (Home).
Porvorim, 15th March, 2018.
________
Notification
No. 2/3/2002-HD(G)/Part/807
In exercise of the powers conferred by
sub-section (1) of Section 20 of Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), the
Government of Goa hereby appoints Deputy
Collector & Sub-Divisional Officer-II at Mapusa to
be the Sub-Divisional Magistrate within the
respective jurisdiction of the North Goa District
with immediate effect.
By order and in the name of the Governor
of Goa.
Neetal P. Amonkar, Under Secretary (Home).
Porvorim, 19th March, 2018.
________
Notification
No. 2/3/2002-HD(G)/Part/808
In exercise of the powers conferred by
sub-section (1) of Section 20 of Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), the
Government of Goa hereby appoints Mamlatdar in
Collectorate at North Goa Collectorate, Panaji
and Mamlatdar in Collectorate at South Goa
Collectorate, Margao to be the Executive
Magistrate within their respective jurisdiction with
immediate effect.
By order and in the name of the Governor
of Goa.
Neetal P. Amonkar, Under Secretary (Home).
Porvorim, 19th March, 2018.
1
2
3
———uuu———
Department of Industries
__
Order
No. 3/1/2018-IND/144
Sanction of the Government is hereby conveyed to write off the principle, interest and penal interest
to the extent of Rs. 36,37,941/- (Rupees thirty six lakhs thirty seven thousand nine hundred and forty one
only) in respect of 59 borrowers enclosed in Annexure-I who have received loan from Directorate of
Industries, Trade & Commerce (DITC), Panaji-Goa during the period of 1970 to 1995 under the Goa, Daman
and Diu State–Aid to Industries Act, 1965.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2305
This issues with the concurrence of Finance (Expenditure) Department, vide their U.O. No. 1400046019
dated 22-01-2018.
By order and in the name of the Governor of Goa.
A. S. Mahatme, Under Secretary (Industries).
Porvorim, 20th March, 2018.
______
(Annexure-I)
List of Loanees Under State – Aid Act Scheme
Sr.
Name of the Party
Amount of
Total outstanding
No.
Loan disbursed
recovery including
(in Rs.)
Principal/Interest/
/Penal
(in Rs.)
1
2
3
4
1.
Shri Pedro D’Costa, M/s Costa Furniture Works, Madel Pequeno,
15,000
67,168
Margao-Goa
2.
Shri Hanuman A. Joggi, M/s Hanuman Printers, Warldare,
20,000
73,554
Ponda-Goa
3.
Shri Roy D’Souza, M/s Valankini Refregiration, H. No. 82/12, Orda,
56,813
Candolim, Goa
4.
Shri Kisharlal Ramnath Karpe, M/s Karpe Engineers & Contractors,
22,500
78,019
Margao-Goa
5.
Ramesh P. Shirodkar, Kamaxi Enterprises, Khursawado, Colvale,
25,000
91,040
Bardez-Goa
6.
Shri Deepak Dhargalkar, M/s Vaibhav Papads, Curchorem Bhag,
20,000
30,351
Curchorem-Goa
7.
M/s Hanuman Saw Mill, Shri Vithal Subha Gaonkar, Duler,
10,000
24,107
Mapusa, Bardez-Goa
8.
M/s Goa Soft Drinks, Shri Anacio Sinoes, Carmichem Bhat, Merces
15,000
66,344
9.
M/s Gunaji Rohidas Phadte, Telaulim, Durbhat, Ponda-Goa
8,000
41,237
10.
Shri Joe Goveia, M/s Joe Sand & Co., Aquem, Margao-Goa
10,000
43,057
11.
Shri Rohidas Hari Phadte Gaonkar, M/s Sree Cola, Banastarim
25,000
1,11,929
12.
Shri Ashok Gaonkar, Nagorcem, Cancona
12,000
70,350
13.
Shri Meru Raghoba Shirodkar, Shrirodkar Printers, Margao
25,000
88,295
14.
Time Land, Shri Hosnudin Aga, Ponda
25,000
57,088
15.
Shri Edwin Mendonsa, M/s Mocidade Electricals, Varca-Salcete
24,000
1,03,158
16.
M/s Navelkar Oil Works, Mandrem Dandowada, Pernem-Goa
22,500
71,732
17.
Kum. Shobha Gaonkar, M/s Goa Fancy Bags, H. No. 86,
13,000
44,766
Gaonkarwada, Bicholim-Goa
18.
Shri Bhasker Coimparbat, M/s Laxmi Bakery, Tarichi Bhat, Siolim,
20,000
55,371
Bardez-Goa
19.
Shri Audhoot Vishnu Parab, M/s Audhoot Metal
9,500
20,395
Works, H. No. 149, Mapusa-Goa
20.
Shri Anant Ganapat, M/s Diamond Sweet Mart, Govekar S/o
5,400
20,767
Ganapat A. Govekar, H. No. 156A, Batki, Porvorim-Goa
21.
Shri Vithal Subha Gaonkar, M/s Hanuman Saw Mill, Duler,
6,000
27,634
Mapusa-Goa
22.
Shri Chandsab Khan, M/s Nishan Tyres, Near Petrol Pump, Betim
25,000
65,744
23.
Shri John Mascarenhas, M/s Larsano Star Coach, Chandor, Salcete
17,000
95,679
24.
Shri Francis Fernandes, M/s Goa Marine, St. Mathias, Piedade Goa
25,000
84,055
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2306
25.
Shri Balwani R. Vani, M/s Goa Horological Industries, Mapusa-Goa
25,000
30,232
26.
Shri Ashok G. Desai, M/s Mallikarjun Workshop, Nagercem,
13,000
55,364
Canacona-Goa
27.
Shri Crescente S. Ferrao, Near Tar Bridge, Mapusa-Goa
25,000
87,846
28.
Shri Dattaram S. Wagle, M/s Marina Paints, Margao
23,000
59,838
29.
Shri Ashok B. Desai, M/s Susheela Engineering Works, Delem,
25,000
89,571
Canacona
30.
Shri Jaimo S. Lazaro, M/s Modern Beverages, Margao
20,000
19,571
31.
Shri Patriciano Ceaser Simoes, Carmichem Bhat, Merces
10,000
39,623
32.
Shri Deepak S. Pednekar, M/s Shanta Engineering Works, Chicalim
20,000
42,901
33.
Shri Anandi Shanker Karpe, M/s Kapil Manufacturers, Sanquelim,
25,000
98,804
Bicholim-Goa
34.
Shri Ramchandra R. Sawant, M/s Carpentaria Sawanta, Panaji-Goa
6,000
14,087
35.
Shri Dyneshwar Pednekar, M/s Akash Grills, behind Cottage
19,000
90,634
Hospital, Chicalim, Vasco
36.
Shri Pradeep B. Naik, M/s Shantadurga Ice Cream, Mulagwado,
10,000
21,170
Ponda
37.
Shri Shaik Jalal Dawood, M/s New Universal Leather Industries,
10,000
40,888
Margao
38.
Shri H. K. Kavlekar, M/s Ganaraj Industries, Near Peoples High
14,000
36,478
School, Panaji-Goa
39.
Smt. Bhagwat Kaur, M/s Sunrise Metal Industries, Porvorim
17,800
59,799
40.
Shri Harichandra K. Harmalkar, M/s Harmalkar Workshop, Colvale
7,500
31,288
41.
Shri Kashinath Jaganath Gaonkar, Sanquelim
10,000
1,00,526
42.
Shri Patrick Rodrigues, M/s Kadamba Eng. Works, Colvale,
25,000
99,586
Bardez-Goa
43.
Shri Vithu P. Chari, M/s Vithu Furniture Works, Mandrem
19,000
64,376
44.
Shri Anand Deu Pagui, Velwada, Poinguinim
20,000
81,651
45.
M/s National Marine Enterprises, C/o Raghuirlotikar House,
25,000
21,746
Opp. La Paz Hotel, Vasco
46.
Shri Raghunath Manjunath Kansar Ind., Bicholim
10,000
32,150
47.
Shri Vithal Subha Gaonkar, M/s Hanuman Saw Mill, Duler,
10,000
24,060
Mapusa-Goa
48.
Shri Dattaram R. Goverkar, M/s Chandeshwari Paper Mart, Curti,
25,000
1,12,125
Ponda
49.
Shri Suhas R. Pilankar, M/s Suvarna Furniture Factory, Merces
12,000
62,935
50.
M/s Naresh Wooden Furniture, Shri Mohan Yeshwant Naik,
15,000
95,615
Nagarwada, Mardol
51.
Shri Diogo J. Gomes, M/s Konkan Eng. Works, Margao
10,000
34,212
52.
Shri Shiv Shankar Mayekar, M/s Royal Ice Cream Ice Candy,
20,000
1,04,639
Anjuna
53.
Shri Shankar Narayan Morajkar, Panaji
8,400
69,948
54.
Shri Pandurang K. Bhatale, M/s Mauli Packers, Assonara
20,000
1,18,990
55.
M/s Rexton Power Devices, Shri Melath Alvi, 106, Kamat
25,000
94,237
Building, Margao
56.
Smt. Bhagwat Kaur, M/s Sunrise Metal Industries, Porvorim
5,200
16,036
57.
Shri Joao Cabral, M/s Silka Industries, Sancoale
25,000
88,263
58.
Smt. Maria Carmo Fatima Vaz, Pure Oil Refining Unit, Merces
25,000
55,534
59.
M/s Ganga Readymade Garments, Chimbel
20,000
54,565
Total Rs.
10,14,800
36,37,941
1
2
3
4
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2307
Department of Labour
—
Notification
No. 28/3/2018-LAB/201
The following award passed by the Labour
Court-II, at Panaji-Goa on 19-01-2018 in reference
No. LC-II/IT/01/14 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.
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 20th March, 2018.
________
IN THE LABOUR COURT-II
GOVERNMENT OF GOA
AT PANAJI
(Before Shri Suresh N. Narulkar, Hon’ble
Presiding Officer)
Case No. Ref. LC-II/IT/01/14
Shri Narayan R. Pal,
Warchawada, Bordem,
Bicholim-Goa
…
Workman/Party I.
V/s
M/s. Bordem Urban Co-op.
Credit Society Ltd.,
Chawata, Bordem,
Bicholim-Goa
…
Employer/Party-II.
Workman/Party-I represented by Adv. Shri S. G.
Naik.
Employer/Party-II represented by Adv. Mrs. S.
Mandrekar.
Panaji, dated: 19-01-2018.
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
13-02-2014, bearing No. 28/10/2014-Lab/124
referred the following dispute for adjudication by
the Industrial Tribunal of Goa. The Hon’ble
Presiding Officer, Industrial Tribunal-cum-Labour
Court, Panaji-Goa, in turn assigned the present
dispute for its adjudication to this Labour Court II,
vide her order dated 14-02-2014.
“(1) Whether the action of the management of
M/s. Bordem Urban Co.op. Credit Society
Limited, Bordem, Goa in terminating the
services of Shri Narayan R. Pal, ‘Branch
Manager’, with effect from 08-10-2003, is legal
and justified?
(2) If not, to what relief, the Workman is
entitled?”
2. On receipt of the reference, a case was
registered under No. LC-II/IT/01/2014 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
21-04-2014 at Exb. 5. The facts of the case in brief
as pleaded by the Workman are that he was
employed by the Employer/Party II (for short, the
Employer) as a ‘Branch Manager’ w.e.f. 11-01-2001.
He stated that he was performing the clerical work
only. He stated that he was thereafter appointed
as a recovery in-charge by the Employer to perform
the clerical work only. He stated that he was served
with a suspension order on 07-10-2003 for the reason
best known to the management of the Employer.
He stated that he was also served with a false
chargesheet by the Employer and enquiry was
conducted against him. He submitted that the
enquiry conducted against him by the Employer
was unlawful and improper and consequently, the
findings given by the Enquiry Officer is illegal and
not tenable in law as the chargesheet itself is
faulty. He submitted that the dismissal order dated
27-05-2008 issued to him by the Employer is
bad-in-law, non-est and illegal as it is based on the
illegal and unlawful chargesheet. He submitted
that his dismissal from service amounts to
victimization caused by the Employer. He
submitted that he is a ‘workman’ as defined u/s. 2
(s) of the I. D. Act, 1947 and is governed by the
provisions of Shops and Establishment Act, as
applicable to the Employer. He submitted that as
he has been dismissed from service illegally, he is
entitled to be reinstated with back wages w.e.f.
07-10-2003. He submitted that he has not been
paid any subsistence allowance during the period
of his suspension. He submitted that he was not
performing any work to earn his livelyhood since
the date of his suspension till date and as such he
is entitled for back wages since 07-10-2003 till date.
He stated that he has to sustain himself with his
family by borrowing money from his family and
friends. The Workman therefore prayed that the
Employer be directed to reinstate the Workman in
service with back wages till date.
3. The Employer resisted the claim of the
Workman by filing its written statement on
27-06-2014 at Exb.7. The Employer, as and by way
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2308
of its preliminary objections, submitted that the
reference is not maintainable as there was no
demand on the Employer by the Workman either
directly or indirectly in the matter of the present
dispute, that neither it is an ‘industry’ as defined
u/s. 2 (k) of the I.D. Act, 1947 nor the Party I is a
‘workman’ as defined u/s 2 (s) of the said Act and
that it is the co-op. society, governed by the Goa
Co-op. Societies Act, 2001 and the Goa Co-op.
Societies Rules, 2003 and as such this Hon’ble Court
does not have jurisdiction to decide the present
dispute.
4. The Employer stated that before appointing
in its service, the Party I was one of its promoter
and has played role in founding the Employer and
had involved himself in framing its bye-laws also
and as such the Party I was aware of its bye-laws.
The Employer stated that besides as a Manager,
the Party I was required to follow the bye-laws of
the society not only in its administration but also
executing its banking transaction i.e. in the matter
of sanction and disbursement of loan to the
members. The Employer stated that there are
several cases where the Party I has sanctioned and
disbursed loan without prior sanction and approval
of its board of directors so much so that some loans
were sanctioned and disbursed by the Party I
without having securities tangible and securities
or any guarantee. The Employer stated that as its
manager the Party I has sanctioned and disbursed
loans to various parties. The Employer stated that
the Party I has himself appropriated its fund as his
personal loan without any tangible security or
surety and without prior approval of its board of
directors. The Employer stated that during the
service period of the party I with them, he would
hardly put up the matters in regards to sanction of
loans before its board of directors for their
consideration and approval before the same were
disbursed by the Party I to the borrower. The
Employer stated that in view of above mentioned
illegalities done by the Party I, he was suspended
from service and conducted an enquiry by
appointing an Enquiry Officer. The Employer stated
that the enquiry was fully contested by the
Party I. The Employer stated that the charges
levelled against the Party I were proved and as
such the Enquiry Officer recommended for the
termination of services of the Party I. The Employer
submitted that the Party I was served with the
suspension order because of the mismanagement
of its funds and illegal sanctioning of the loan. The
Employer submitted that it has conducted a fair
and impartial enquiry. The Employer submitted that
in the event the Party I is aggrieved by the said
order, in that event he would have referred an
appeal before the Registrar of Nominee as the
provisions of the Goa Co-operative Societies
Act, 2001 and the Goa Co-operative Societies
Rules, 2003, but the Party I has failed to do so. The
Employer submitted that without prejudice to its
rights, in the event the enquiry conducted by them
has been set aside on any of the ground, in that
event the Employer be allowed to lead additional
evidence to prove its case on merits. The Employer
submitted that the Employer denied the overall
case as pleaded by the Party I and prayed for
dismissal of the present claim of the Workman in
limine.
5. Thereafter, the Party I filed his rejoinder on
24-07-2014 at Ex. 10. The Workman, 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.
6. Based on the pleadings filed by the respective
Parties in the present proceedings, this Hon’ble
Court framed the following issues on 06-08-2014 at
Exhibit-10.
1. Whether a free, fair and proper enquiry was
conducted against the Workman/Party I?
2. Whether the charges of misconduct leveled
against the Workman/Party I vide charge-
sheet dated nil have been proved by
acceptable evidence?
3. Whether the Party I proves that he is a
‘workman’ as defined u/s 2 (s) of the I.D. Act,
1947.
4. Whether the Employer/Party II proves that
it is not an “Industry” as defined u/s 2 (j) of
the I.D. Act, 1947?
5. Whether the Workman/Party I proves that
the action of the management in terminating
his services w.e.f. 8-10-2003 is illegal and
unjustified?
6. Whether the Employer/Party II proves that
the present order of reference is not
maintainable in view of the reasons
mentioned in para ‘b’ and ‘e’ of its Written
Statement?
7. Whether the Workman is entitled to any
relief?
8. What Order? What Award?
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2309
7. My answers to the aforesaid issues are as
under:
(a)
Issue No. 1
: Does not arise.
(b)
Issue No. 2
: Does not arise.
(c)
Issue No. 3
: In the Negative.
(d)
Issue No. 4
: Does not arise.
(e)
Issue No. 5
: Does not arise.
(f)
Issue No. 6
: In the affirmative.
(g)
Issue No. 7 & 8 : As per final order.
REASONS
I have heard the oral arguments of Ld. Adv.
Shri S. G. Naik, appearing for the Party I as well as
Adv. Mrs. S. Mandrekar, appearing for the Employer.
I have carefully perused the entire records of
the present case including the records and
proceedings of the inquiry. I have also carefully
considered the written submissions made by the
Ld. Advocates appearing for the respective parties.
8. Issue No. 3: By order dated 18-01-2018, passed
in my findings on the preliminary issue Nos. 1, 2
and 3, I have discussed the issue No. 3 and came
to the conclusion that the Party I failed to prove
that he is a ‘workman’ within the meaning of section
2 (s) of the I.D. Act, 1947. Hence, it is held that the
Party I is not a ‘workman’ within the meaning of
Section 2 (s) of the I.D. Act, 1947. The issue No. 3
is therefore answered in the negative.
9. Issue Nos. 1 and 2: By order dated 18-01-2018,
passed in my findings on the preliminary issue
Nos. 1, 2 and 3, I have discussed and came to the
conclusion that as the Party I not a ‘workman’
within the meaning of Section 2 (s) of the I.D. Act,
1947, the dispute raised by him is not an ‘industrial
dispute’ within the meaning of Section 2 (k) of the
I.D. Act, 1947 and as such this Hon’ble Court has
no jurisdiction to adjudicate the present reference
issued by the Government of Goa. In the
circumstances, the issue pertaining to the fairness
of the enquiry as well as proving of the charges of
the misconducts by acceptable evidence to the
satisfaction of this court by the Employer, does not
arise. The issue No. 1 and 2 are therefore answered
accordingly.
10. Issue Nos. 4, 5, 6 and 7: By order dated
18-01-2018, passed in my findings on the
preliminary issue Nos. 1, 2 and 3, I have discussed
and came to the conclusion that as the Party I not
a ‘workman’ within the meaning of Section 2 (s) of
the I.D. Act, 1947, the dispute raised by him is not
an ‘industrial dispute’ within the meaning of
Section 2 (k) of the I.D. Act, 1947 and as such this
Hon’ble Court has no jurisdiction to adjudicate the
present reference issued by the Government of Goa.
In the circumstances, the question of adjudicating
the issue Nos. 4, 5 and 6 does not arise. The
reference under adjudication is therefore
incompetent in nature. The Party I is therefore not
entitled to any relief from this court. The issue
Nos. 4, 5 and 6 are therefore answered accordingly
and issue No. 7 is answered in the negative.
In view of above, I proceed to pass the following
order:
ORDER
1. It is held that the Party I failed to prove that
he is a ‘workman’ within the meaning of
Section 2 (s) of the I.D. Act, 1947.
2. It is further held that the dispute as to
whether the action of the management of
M/s. Bordem Urban Co-op. Credit Society Ltd.,
Bordem, Goa, in terminating the services of
Shri Narayan R. Pal, ‘Branch Manager’ with
effect from 08-10-2003, is legal and justified,
does not survive.
3. The Party I, Shri Narayan R. Pal, Branch
Manager, is not entitled to any relief.
4. No Order as to Cost.
Inform the Government accordingly.
Sd/-
(Suresh N. Narulkar),
Presiding Officer,
Labour Court-II.
________
Notification
No. 28/3/2018-LAB/200
The following award passed by the Labour
Court-II, at Panaji-Goa on 24-01-2018 in reference
No. LC-II/C-IT/01/2015 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.
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 20th March, 2018.
________
THE LABOUR COURT-II
GOVERNMENT OF GOA
AT PANAJI
(Before Shri Suresh N. Narulkar, Hon’ble
Presiding Officer)
Case No. LC-II/C-IT/01/2015
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2310
Shri Prakash G. Naik,
Rep. by the President,
Mandovi Pellets Ltd.
Workers Union (Goa),
C/o Mandovi Pellets,
Shiroda-Goa
…
Workman/Party I.
V/s
M/s. Mandovi Pellets,
(A Division of Chowgule and
Company Private Ltd.),
Near Borim Bridge,
Shiroda, Goa
…
Employer/Party II.
Workman/Party I represented by Adv. Shri S.
Gaonkar.
Employer/Party II represented by Adv. Shri G. K.
Sardessai.
Panaji, dated: 24-01-2018.
AWARD
1. This award shall dispose off the complaint
filed by the Complainant u/s. 33-A of the I.D. Act,
1947.
2. It is the case of the Workman/Party-I (for short
‘Workman’), in brief as pleaded are that he was
initially employed with the Employer/Party II (for
short, “Employer”) as ‘Operator’ w.e.f. 04-02-1978.
He stated that his date of birth is correctly recorded
in his birth certificate issued by the Government
as 05-11-1959. He stated that his date of birth was
wrongly recorded in the Employer’s record as
05-11-1957 based on the true copy of the GDD
Higher Secondary passing certificate. He stated
that when he noticed the aforesaid mistake
appearing in his HSC passing certificate, he
approached the management of the Higher
Secondary College and got it corrected as
05-11-1959 based on his birth certificate.
3. He stated that thereafter he made
representation to the Employer, vide his letter dated
28-12-2014 alongwith corrected HSC passing
certificate. He stated that however, the Employer
refused to correct his date of birth in its record.
He stated that he therefore wrote another
representation to the Employer, vide his letter dated
22-01-2015. He stated that however, the Employer
did not consider his request. He stated that the
matter was pending before the Labour Court II
under reference No. LC-II/IT/14/2014. He stated that
during the pendency of the proceedings, he was
refused employment w.e.f. 01-12-2015 under the
pretext of retirement. He submitted that after
refusal of his employment, he is unemployed. He
submitted that neither the Employer filed any
application u/s 33-B nor obtained the permission
from this Hon’ble Labour Court II and hence,
contravened the section 33 of the I.D. Act, 1947.
He submitted that the refusal of employment to
him is illegal, unjustified and bad-in-law and
therefore he is entitled for reinstatement with
continuity in service and full back wages.
5. The Employer filed its written statement on
13-01-2016 at Exb. 3. The Employer, as and by way
of preliminary objections, submitted that the
retirement of the Workman after completion of
specific term in the contract of employment or
service regulation is not an alteration in the
conditions of service nor is it a discharge or
punishment by way of dismissal or otherwise, that
there is no violation of section 33 of the I.D. Act
and that the complaint filed u/s 33-A is not
maintainable.
6. Without prejudice to the above, the Employer
stated that the Workman was appointed as ‘trainee’
w.e.f. 02-02-1978. The Employer stated that after
successful completion of training period, the
Workman was absorbed as ‘Asstt. Operator’ w.e.f.
01-01-1980, vide its letter dated 14-03-1980. The
Employer stated that the Workman had submitted
a true copy of GDD HSC passing certificate
alongwith application for employment form dated
04-02-1978, certifying that he has passed HSC
examination in October, 1977 and his date of birth
is recorded therein as 05-11-1957. The Employer
stated that the Workman, while serving in the
company, for such a long period of his tenure, never
raised any objection nor made any representation
to them for change in his date of birth. The Employer
stated that it is only now just before his retirement,
at the fag end of his career that vide his letters
dated 13-03-2014 and dated 20-12-2014, received
by them on 15-03-2014 and on 27-12-2014 informed
them that he had not submitted his birth certificate
at the time of joining and as per the birth
certificate, his correct date of birth is 05-11-1959.
The Employer stated that the Workman submitted
that the date of birth mentioned in his HSC
certificate is wrong and was a result of error
committed by the college management and that
the said date of birth has been subsequently
corrected by the management. The Employer
stated that Workman was informed vide letter dated
12-01-2015 and dated 05-02-2015 by them that the
Certified Standing Orders do not permit correction
of his date of birth at this stage as at the time of
recruitment, he had submitted documents on the
basis of which his date of birth was recorded and
as such they are unable to consider his request of
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2311
correction of his date of birth and that he will
retire from its service w.e.f. 30-11-2015 and he was
accordingly retired from service from 30-11-2015.
7. The Employer stated that from 05-04-2012 till
date, the plant is not in operation for a single day.
The Employer stated that the manpower in the
plant has substantially reduced from the time of
inception and it has not recruited any employees
in its workmen category in vacancies caused as a
result of resignation/retirement/death. The
Employer submitted that any relief granted would
place unfair financial burden on them as it is
already under severe financial constraint. The
Employer stated that it has already declared as
SICK COMPANY as per the provisions of Sick
Industrial Companies Act, 1965. The Employer
stated that it had petitioned the Government for
rehabilitation of SICK COMPANY by way of
incentives. The Employer stated that however, its
efforts to re-start the plant operations did not
succeed. The Employer stated that it had no other
option, but to make an application to the
Government for closure w.e.f. 08-07-2003. The
Employer stated that the services of all the
engineers and managerial staff were discontinued
w.e.f. May, 2003. The Employer stated that the
Government attached its assets for non-payment
of dues and it was unable to pay the salaries to its
workmen. The Employer stated that in view of
Government assurance to extend the incentives to
sick company, the plant operation were restarted
from May, 2004. However, non-availability of
required grade iron ore locally and sluggish
demands for pallets in local as well as in overseas
market continued. The Employer stated that the
last straw was non-availability of iron ore due to
mining ban imposed by the State Government of
Goa, vide its notification dated 10-09-2012
suspending all mine operations in the State of Goa
consequent upon the findings of the Shah
Commission Report- followed by the judgment of
the Apex Court dated 05-10-2012 banning all
mining operations in the State of Goa until further
orders. The Employer stated that it was therefore
forced discontinue the plant operation from
12-04-2012. The Employer stated that despite of
the best efforts of the management, the plant
operations could not be started. The Employer
stated that all the activities in the plant have come
to stand still and employees are idle. The Employer
stated that it is going through the financial crises
however, taking into consideration the employees
welfare, the dues of the employees have been paid
till date. The Employer stated that the overall
performance of the plant from inception to till date
is very much below. The Employer stated that the
annual installed capacity of the plant is 1.8 million
tons p.a. but it has never produced 1.8 million tons
pallets from inception till date. The Employer stated
that the plant worked only 694 days from May,
2004 to March 2012 i.e. on an average 87 days p.a.
and rest of the days it was shut down. The
Employer denied the overall case as pleaded by
the Workman and prayed for rejection of the
complaint filed by the Workman.
8. Thereafter, the Workman filed his re-joinder
on 09-02-2016 at Exb. 5. The Workman, by way of
his Re-joinder, reiterates and confirms 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 its Written Statement, which are
contrary and inconsistent with the statements and
averments made by him.
9. Based on the pleadings filed by the respective
parties, this court framed the following issues on
29-03-2016 at Exb. 07.
1. Whether the Workman/Party-I proves that
the Employer has unilaterally altered his
date of birth as 05-11-1957?
2. Whether the Workman/Party-I proves that
he has been refused employment w.e.f.
01-12-2015?
3. Whether the Workman/Party-I proves that
the action of the Employer/Party II in refusing
him employment w.e.f. 01-12-2015 is illegal
and unjustified?
4. Whether the Workman/Party I is entitled to
any relief?
5. What order? What award?
10. My answers to the aforesaid issues are as
under:
(a) Issue No. 1
: Does not arise.
(b) Issue No. 2
: Does not arise.
(c) Issue No. 3
: Does not arise.
(d) Issue No. 4 and 5 : As per final order.
I have heard the oral arguments of Ld. Adv.
Shri S. Gaonkar appearing for the Workman as well
as Ld. Adv. Shri G. K. Sardessai appearing for the
Employer.
I have carefully perused the entire records of
the present case. I have also carefully considered
the oral as well as written submissions made by
the respective parties.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2312
11. By interim order dated 14-12-2017, I have
already come to the conclusion and held that as
the dispute pertaining to the denial of the
Employer in rectifying the date of birth of the
Workman in its service records has been finally
adjudicated by this Labour Court II on its merits,
the subsequent complaint filed by the Workman
u/s 33-A of the I. D. Act, 1947 on the same set of
facts is barred by the principles of res judicata.
The issue No. 1 to 3 are therefore answered
accordingly. The Workman is therefore not entitled
to any relief. The issue No. 4 is therefore answered
in the negative.
In view of the above, I proceed to pass the
following order:
ORDER
1.
It is held that the present complaint filed by
the Workman u/s 33-A of the I.D. Act, 1947 is
barred by the principles of res judicata.
2.
The Workman Shri Prakash Naik is therefore
not entitled to any relief.
3.
No order as to costs.
Inform the Government accordingly.
Sd/-
(Suresh N. Narulkar),
Presiding Officer,
Labour Court-II.
________
Notification
No. 28/3/2018-LAB/Part-I/206
The following award passed by the Industrial
Tribunal and Labour Court, at Panaji-Goa on
22-02-2018 in reference No. IT/2/17 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.
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 20th March, 2018.
________
IN THE INDUSTRIAL TRIBUNAL AND
LABOUR COURT
GOVERNMENT OF GOA
AT PANAJI
(Before Mr. Vincent D’Silva, Hon’ble Presiding
Officer)
Ref. No. IT/2/17
Workmen,
Rep. by the President,
Bhartiya Kamgar Sena,
Murari Pandit, H. No. 86/1(85),
Mahalaxmi Residency,
Behind Kala Bhavan,
Sancoale, Goa 403 726
…
Workmen/Party I.
V/s
The Managing Director,
M/s. Sanofi India Limited,
L-121, Phase III,
Verna Industrial Estate,
Verna, Goa 403 722
…
Employer/ Party II.
Workmen/Party I represented by Ld. Adv. Shri P. J.
Kamat.
Employer/Party II represented by Ld. Adv. Shri M.
S. Bandodkar.
AWARD
(Delivered on this the 22nd day of the month
of February of the year 2018)
By Order dated 15-02-2017, bearing No. 28/53/
/2016-LAB/61, the Government of Goa in exercise
of powers conferred by Section 10 (1)(d) of the
Industrial Disputes Act, 1947 (for short The Act),
has referred the following dispute to this Tribunal
for adjudication.
“ (1)
Whether the action of the management of
M/s. Sanofi India Limited, Plot No. L-121,
Phase-III, Verna Industrial Estate, Verna, Goa,
in not conceding the following demands
raised by the President, Bhartiya Kamgar
Sena, Murari Pandit, H. No. 86/1 (85),
Mahalaxmi Residency, Behind Kala Bhavan,
Sancoale, Goa, vide their letter dated
19-08-2014 is legal and justified?
1. Demand No. 1 – Applicability:
The provisions of this settlement shall be
applicable only to all permanent workmen who are
members of the union and it shall also be applicable
to those probationers who could be subsequently
absorbed as permanent employees and those
employees who becomes the member of the union
during the period of settlement.
2. Demand No. 2 – Dearness Allowance:
(a) With effect from 01-04-2014, each workman
be paid fixed Dearness Allowance @ 15% of
the revised salary.
(b) Various Dearness Allowance:
That w.e.f. 01-04-2014, each workman
be paid Variable Dearness Allowance @
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Rs. 5/- per point over and above base 3,500
points (AAICPI-1960=100). The Variable
Dearness Allowance should be revised once
every quarter.
3. Demand No. 3 – Flat Rise:
Each worker by paying each of them a sum of
Rs. 5,000/- per month as flat rise over and above
the existing basic salary and yearly increment 5%
on gross salary.
4. Demand No. 4 – House Rent Allowance:
All the workman should be paid House Rent
Allowance of Rs. 2,000/- per month over and above
the existing salary. The HRA scale should be
implemented again. It should be revised as
per settlement date (a) 1st April, 2004 to
30th September, 2007 and (b) 1st October, 2007 to
31st December, 2010.
5. Demand No. 5 – Lunch Allowance:
Each workman be paid Rs. 500/- per month over
and above the existing amount and also Canteen
subsidy should be merged with Lunch Allowance.
6. Demand No. 6 – Education Allowance:
All the workman should be paid Education
Allowance @ Rs. 1,000/- per month.
7. Demand No. 7 – Conveyance Allowance:
Each workman should be paid Rs. 500/- per
month as Conveyance Allowance.
8. Demand No. 8 – Medical Allowance:
Each workman should be paid Rs. 1,000/- per
month as Medical Allowance.
9. Demand No. 9 – Leave Travel Allowance:
Each workman should be entitled to leave Travel
Allowance @ one gross salary once a year.
10. Demand No. 10 – Shift Allowance:
Each workman should be paid Rs. 50/- for 2nd
shift and Rs. 100/- for 3rd shift respectively.
11. Demand No. 11 – Shift Time:
In case of two shift working:
1st shift time
-
08.00 to 16.00 hrs.
2nd shift time
-
16.00 to 00.00 hrs.
Two times tea breaks in each shift to be given
to each workman.
12. Demand No. 12 – Leave Facilities:
Each workman be eligible to the following leave
facilities.
(a) Privilege Leave
-
25 days p.a.
(b) Casual Leave
-
15 days p.a.
(c) Sick Leave
-
15 days p.a.
(d) Paid Holidays
-
15 days p.a.
(e) Special Leave should be granted for chronic
illness which is sanctioned by Doctor till the
fitness of patient.
13. Demand No. 13 – Over Time:
Should be paid on basic and H.R.A. including
tea break and lunch for extended hours and
Sunday workings.
14. Demand No. 14 – Loan:
Each unionized worker should be given loan as
under:
(a) Personal Loan
- Rs. 3 Lakhs @ 50%
subsidy p.a.
(b) Housing Loan
- All the workmen should
be provided a Housing
Loan as per requirement
by the employee @ 50%
subsidy p.a.
15. Demand No. 15 – Monsoon Allowance:
An amount of Rs. 1,000/- per annum should be
give as Monsoon Allowance to each workman.
16. Demand No. 16 – Bonus:
Each workman should be paid bonus every year
@ 20% on basic and H.R.A.
17. Demand No. 17 – Incentives:
All the workmen should be paid 1% of the profit
share per annum.
18. Demand No. 18 – Punching Card:
Provision of punching card should be made near
the Security Gate.
19. Demand No. 19 – Transport:
Transport should be provided in all shifts free of
cost.
20. Demand No. 20 – Maintenance Allowance:
Maintenance Allowance of Rs. 500/- per month
should be given to the Technicians who are
working in Engineering Department.
21. Demand No. 21 – Service Reward:
Company should give Service Reward to the
workmen who complete 5 years, 10 years, 15 years,
20 years. Should be given Rs. 5,000/-, Rs. 10,000/-,
Rs. 15,000/-, Rs. 20,000/- respectively.
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22. Demand No. 22 – Medical Scheme:
(a) All the workman who are out of ESI Scheme
should be given unlimited amount for
treatment for self, spouse and two dependent
children upto the age of 25 years.
(b) Normal day-to-day Medical bills should be
claimed after submission of bills amount.
23. Demand No. 23:
Company should give time for union to take
meeting in the premises every 3 months.
24. Demand No. 24:
Company should allow short leave or late
reporting to all the union members in case of any
emergency.
25. Demand No. 25:
Seniority Increment in Basic Salary to the seniors
who have completed 10 years, 15 years and above
should be given 2 increments, 3 increments
respectively.
26. Demand No. 26:
In case of job rotation for any union workers,
intimation letter should be given to the workers
stating type of work, period with duty signed by
union leader, President and the rotated employee.
27. Demand No. 27 – Period of Settlement:
Period of settlement should be 36 months
effective from 01-04-2014 to 30-03-2017.
28. Demand No. 28:
The union members who had joined the union
in the year 2013 during the tenure of settlement
dated 01-01-2011 to 31-03-2014 that issue of 1 year
settlement is pending and is to be considered
separately.
(2) If the answer to issue No. (1) above is in the
negative, then, what relief the workmen are
entitled to?”
2. Upon receipt of the reference, it was registered
as IT/02/17 and registered A/D notices were issued
to both the parties. Pursuant to service of notices,
Party I filed a Claim statement at Exhibit 3 and
Party II filed a Written statement at Exhibit 6.
3. In short, the case of the Party I is that the
Union vide letter dated 19-08-2014 informed the
management of termination of existing settlement
at the end of the period and vide same letter
submitted a fresh Charter of demands on behalf of
the workmen with a request to the company to
consider and settle their demands and after having
several meetings and bilateral negotiations by and
between the Company and Union, on the matter of
Charter of demands, the parties could not arrive at
an amicable settlement and thus, the Union
approached the Dy. Labour Commissioner and
Conciliation Officer, Department of Labour,
Government of Goa, Margao, Goa for intervention.
The Dy. Labour Commissioner, Margao held joint
meetings with the representatives of the
management and the representatives of the
workmen and though various proposals were
exchanged between the parties, there could not
be any amicable settlement and therefore, Dy.
Labour Commissioner sent failure report to the
Government of Goa. The Government of Goa
referred the matter for adjudication before the
Industrial Tribunal at Panaji, constituted under
Section 7-A of the Industrial Disputes Act 1947.
Hence, the dispute.
4. In the Written statement, the Party II has
claimed that the Charter of demands as mentioned
in the schedule of reference and as demanded by
Bhartiya Kamgar Sena are absolutely irrational,
exorbitant and has been made in contravention of
well established principles of industry-cum-region
and comparable concerns having regard to existing
emoluments paid to the workers. The demands of
the Union are unreasonable, unjustified and ought
to be rejected, even otherwise no justification has
been given by the Union for grant of the said
demands.
5. The Party I filed a rejoinder at Exb. 8 denying
the case put forth by Party II in the written
statement.
6. In the course of the proceedings, the parties
filed an application at Exh. 12 colly alongwith a
copy of Memorandum of Settlement dated 6-2-2018
under Section 2(p) read with Section 18(1) of the
Industrial Disputes Act, 1947 stating that they have
arrived at a settlement on the subject matter of the
above reference with a prayer to pass a consent
award in terms of the said settlement.
7. The Terms of Settlement agreed by and
between the parties are as follows:
1. APPLICABILITY:
The provisions of this settlement shall be
applicable only to all permanent workmen who
are members of the union and were on the
rolls of the company on the date of submission
of the Charter of demands dated 19-8-2014 ( as
per the list attached in Annexure A) and no
other workmen or employee shall be covered
under this settlement. Any confirmed
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employee who was part of the Charter of
demand dated 19-08-2014 and has resigned
from the services of the company or ceased to
be in employment for any reason during the
term of the settlement will be entitled for an
amount proportionate to the period of service
during the term of the settlement. They would
be paid actual arrears in full and final
settlement of all their dues arising out of this
settlement. In order to identify such workman
an application will be obtained from them. It
is further agreed between the parties that the
provisions of this settlement, however, shall
not be applicable to the workmen employed
by any of the contractors or those who are
employed as retainer/consultant or casual/
/temporary/part-time workmen for whatsoever
job work in whatsoever capacity, they are
engaged.
2. BASIC PAY AND FITMENT:
It is agreed that the following pay scale shall
apply to all the eligible workmen during the
tenure of this settlement i.e. upto 31st March,
2017. The Basic Pay Scale of the workmen shall
be 3000-400-5000-425-7125-450-9375-475-
-11750-500-14250-525-16875-550-19625-575-
-22500.
It is further agreed between the parties that
the following revised Basic pay scale will apply
with effect from April 1, 2017 and shall be
3000–550–5750–575–8625–600–11625–625-
-14750–650–18000–675–21375–700-24875-725-
-28000.
Each permanent workman on the rolls of the
company and who are part of this settlement
shall be given an ad-hoc rise in their existing
basic pay w.e.f. 1st April, 2014 as follows:
Group
w.e.f.
w.e.f.
w.e.f.
1st April, 2014
1st April, 2015
1st April, 2016
I
Rs. 2485/- p.m.
Rs. 533/- p.m.
Rs. 533/- p.m.
+ yearly
+ yearly
increment
increment.
II
Rs. 2135/- p.m.
Rs. 458/- p.m.
Rs. 458/- p.m.
+ yearly
+ yearly
increment
increment.
III
Rs. 1785/- p.m.
Rs. 383/- p.m.
Rs. 383/- p.m.
+ yearly
+ yearly
increment
increment.
On adding the above amount into the existing
Basic Pay & Personal Pay (drawn in March
2014), the basic salary so arrived will be then
fitted in the Pay Scale at appropriate level. If
there is no corresponding step in the salary
scale the residue amount, if any, due to this
fitment will be considered as Personal Pay. It
is agreed between the parties that the
Personal Pay of the first year i.e. 1-4-14 shall be
added to the fitment money of the second
year i.e. 1-4-15 and fitted at the respective
step in the Scale of Pay and residue amount in
the second year shall be taken as personal
pay. Similarly the personal pay of second year
shall be added to the fitment amount of the
third year i.e. 1-4-16 and fitted at the respective
step in the scale of pay and the residue amount
in the third year shall be taken as Personal
Pay. This personal pay shall be considered for
calculating all benefits such as Overtime
Wages, Provident Fund, Bonus, LTA and
Gratuity. Basic scales for new employees taken
on Probation/Confirmation will be fitted into
Basic scale in respective Grades depending
on his qualifications and experience and is
paid all allowances in the Grade at the
discretion of the management. It is agreed
between the parties that if the management
associate joins the union of workmen at any
time, they shall be given the scale of pay as
agreed above in clause 2 and fitted at
appropriate step.
3. HOUSE RENT ALLOWANCE:
Each permanent workman on the rolls of the
company and who are part of this settlement
shall be given a rise in their existing House
Rent Allowance w.e.f. 1st April, 2014 as follows:
Group
w.e.f.
w.e.f.
w.e.f.
1st April, 2014
1st April, 2015
1st April, 2016
I
Rs. 1000/- p.m.
200
200.
II
Rs. 900/- p.m.
175
175.
III
Rs. 800/- p.m.
80
80.
House Rent Allowance will attract only
contributions towards ESI and overtime
benefit in accordance with the prevailing
statute. It shall not be considered for the
purpose of PF, Bonus, Gratuity and Leave
encashment and shall be proportionately
deducted in case of unpaid leave/
/unauthorized absence.
4. LUNCH ALLOWANCE:
The prevailing lunch allowance of Rs. 575/-
per month in Grade I and Grade II will
continue. Employees in Grade III who are
covered under this settlement and not having
this allowance shall be paid Lunch Allowance
Rs. 285/- w.e.f. 1st April, 2014, which will be
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revised by Rs. 145/- w.e.f. 1-4-2015 and by Rs.
145/- w.e.f. 1-4-2016. This allowance shall not
be considered for purpose of PF, Bonus,
Gratuity, Overtime and Leave encashment and
shall be proportionately deducted in case of
unpaid leave/unauthorized absence. The
present system of providing a subsidy of
Rs. 12/- per meal will continue, however any
further increase in the meal prices will be
shared in the proportion of 75:25 between the
Management and the employees respectively.
5. EDUCATION ALLOWANCE:
Each permanent workman on the rolls of the
company and who are part of this settlement
shall be given a rise of Rs. 1,000/- p.m. and
Rs. 900/- p.m. in respect of employees in Grade
I and Grade II respectively. This allowance
will be increased by Rs. 200/- and Rs. 180/-
respectively for employees in Grade I and II
w.e.f. 1-4-2015 and 1-4-2016 in their existing
Education allowance. The Employees in Grade
III shall be paid this allowance w.e.f. 1-4-2014
of Rs. 400/- p.m. which will be increased by
Rs. 80/- w.e.f. 1-4-2015 & by Rs. 80/- w.e.f.
1-4-2016. This allowance shall not be
considered for purpose of PF, Bonus, Gratuity,
Overtime and Leave encashment and shall be
proportionately deducted in case of unpaid
leave/unauthorized absence.
6. CONVEYANCE ALLOWANCE/TRANSPORT
ALLOWANCE:
Each permanent workman on the rolls of the
company in Grade I and Grade II and who are
part of this settlement shall be given a rise of
Rs. 485/- and Rs. 325/- respectively w.e.f. 1st
April, 2014 in their existing Conveyance
allowance. These workmen shall be given
further rise of Rs. 133/- and Rs. 107/-
respectively w.e.f. 1-4-2015 and 1-4-2016. The
Employees in Grade III shall be paid allowance
at the rate of Rs. 300/- p.m. w.e.f. 1-4-2014
which will be increased by Rs. 80/- w.e.f.
1-4-2015 and by Rs. 80/- w.e.f. 1-4-2016.
Conveyance allowance shall not be considered
for purpose of PF, Bonus, Gratuity, Overtime
and Leave encashment and shall be
proportionately deducted in case of unpaid
leave/unauthorized absence.
7. MEDICAL ALLOWANCE:
It is agreed between the parties that the
prevailing practice shall continue in respect
of this demand.
8. MEDICAL SCHEME:
All such workmen who are exempted from
ESIC scheme (as in Clause 7) will be covered
under a suitable insurance policy for Medical
Hospitalization Reimbursement Policy upto an
amount of Rs. 1,00,000/- per financial year for
self, spouse and upto 2 dependent children
upto 21 years of age. The hospitalization claim
shall be directly settled with insurance
company and all the terms and conditions as
prevalent with the Insurance Company will
be applicable. As and when the existing
employee is again covered under ESIC scheme
in future, whether prospectively or
retrospectively, due to amendment in the ESI
Act, the hospitalization benefit scheme will
cease to be in operation.
9. LEAVE TRAVEL ALLOWANCE:
All permanent employees on the rolls of the
company will be paid an amount equivalent
of one month Basic Pay and Personal Pay as
Leave Travel Allowance. All other conditions
for availing LTA will be as per the LTA policy
of the company and will remain the same.
10. SHIFT TIMINGS:
It is agreed that the shift timings will be as
follows (in case of three shift working):
Shift
Timing
Lunch/Dinner
I
08.00 hrs-16.00 hrs
30 mins.
II
16.00 hrs-00.00hrs
30 mins.
III
00.00 hrs-08.00 hrs
30 mins.
General
09.00 hrs-17.30 hrs
30 mins.
a) It is also agreed that, as per the prevailing
practice and business needs, the company
will decide to work in One/Two/Three shifts/
/Extended shift as and when the need arise
as per business requirement or due to
exigencies of work.
b) Availability of operators at work place (place
of work) at start of shift indicated above i.e.
sharp 08.00 hrs for first shift, 16.00 hrs in
second shift and 00.00 hrs in third shift.
c) During two shift operation.
i. Machines to start within 10 minutes (i.e.
8:10 am in first shift) latest at beginning
of shift.
ii. No stoppage during first and second shift
transition/handover.
iii. Stoppage of machines 15 minutes before
end of shift for cleaning purposes (at
11:45 p.m. in second shift).
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iv. If there is no cleaning of machine in each
shift that the machines in the first and
second shift shall run without stoppage.
d) Subject to clause 10 (C) above, the operators
to follow running handover strictly.
i. Operator shall ensure that the machine
is not stopped during the shift change
and handover the machine in running
condition to the next operator/assigned
employee.
ii. The operator shall ensure that he/she
takes the handover prior or sharp at
respective shift timings mentioned and
notified from time to time.
iii. Operator to remain at respective post till
other operator/ assigned employee is able
to take over charge during shift change.
iv. Operators to ensure that at no
circumstances machine shall be stopped
during the shift change. Similarly,
staggering shall be strictly followed
during lunch/dinner break.
e) Maximum number of late comings 3 (three)
in a calendar month and maximum late time
allowed in such case is upto 10 minutes, after
which the employee has to apply for half
day, alternatively salary for half day will be
deducted. No intimation in this regards, may
be given to the concerned operator. The same
rule and calculation will hold good for
employees leaving the workplace earlier than
the designated time.
f) Any operator punching his attendance card
or reporting at place of work after 15 minutes
from the start of the shift, the employee has
to apply for half day, alternatively salary for
half day will be deducted. No intimation in
this regards, may be given to the concerned
operator. The same rule and calculation will
hold good for employees leaving the
workplace earlier than the designated time.
g) Lunch break and dinner break timing of 30
mins. to be strictly followed and necessary
staggering should be done.
h) Shift operating personnel will remain at their
posts until he is relieved by his successor or
their supervisor is able to make other
arrangements for their relieving.
i) Operators should remain at the work place
and may leave workplace for IPC checks or
only work related issues with permission of
their supervisors.
j) Subject to Clause 10 (c) above, there will be
no stoppage of machines during first, second
shift and third shift transition and handover.
k) Immediate communication in case machine
stoppage to be given by the operator to the
supervisor or maintenance engineer, to
ensure maximum machine utilization and
minimize the wastage.
11. SHIFT ALLOWANCE:
All confirmed employees working in second
shift will be paid a shift allowance of
Rs. 25/- per second shift worked and Rs. 50/-
in case of third shift. This will not be
applicable for extended hours. Rules and
regulations for claiming this allowance will
be made in accordance with the provisions
of the law relating to shift working. This
amount will not attract any other benefit
such as Provident Fund, Gratuity, Bonus and
Overtime payments.
12. LEAVE AND PAID HOLIDAYS:
All such workmen who are exempted from
ESIC Scheme (as in Clause 7) will be given
an additional 2 days of sick leave per
calendar year (on pro-rata basis). These leaves
will be withdrawn, as and when the employee
is again covered under ESIC scheme in future,
whether prospectively or retrospectively, due
to amendment in the ESI Act. All other terms
and conditions with respect to leave and paid
holidays as per the prevailing practice and
as detailed in the Certified Standing Orders
will be applicable.
13. OVERTIME
Overtime shall be paid as per the provisions
of the Factories Act, 1948 and other relevant
statutes. This amount shall not be taken into
account for PF, Gratuity, Bonus and Leave
encashment. The overtime shall not be refused
when asked due to exigencies of work.
14. LOAN:
The permanent workmen shall be entitled,
from the date of signing of this agreement
for a 50% interest subsidy on personal loan of
upto Rs. 1,20,000/-. The workman shall satisfy
all the terms and conditions attached to the
loan. The Company shall reimburse 50% of
the interest charged by the bank to the
workman in his/her monthly salary. Any rules
and regulations made under the loan scheme
in future shall be binding on all workmen.
Till the loan amount is fully repaid, workmen
will not be entitled to any other company
loan. Prevalent rules as applicable under
Income Tax will be applicable.
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15. FESTIVAL ADVANCE:
The permanent workmen shall be entitled to
avail festival advance of Rs. 5,000/- per year.
The advance will be paid once a year, either
for Ganesh Chaturthi, Diwali, Id or Christmas
as per request made by the workmen in
writing. The advance shall be deducted in 5
equal monthly instalments from the salary of
the workmen from the month when the
advance is availed.
16. MONSOON ASSISTANCE:
An amount of Rs. 500/- shall be paid as
monsoon assistance, every year along with
the salary, in the month of May-June.
17. BONUS:
The payment of Bonus shall be as per the
provisions of the Payment of Bonus Act, 1965,
and rules made thereunder.
18. INSURANCE POLICY:
All workmen would be covered under the
Group Personal Accident Insurance Policy.
The accident coverage for each workman will
be for an amount of Rs. 1,00,000/- (Rupees
One lakh only). The coverage will be on a
24-hours basis. The terms and conditions
prevailing as per the policy shall be binding.
19. LUMPSUM PAYMENT:
It is agreed that the Company shall pay one
time lumpsum amount of Rs. 5,000/- as a
settlement signing incentive.
20. GENERAL PROVISIONS:
a) The Union and the workmen have
specifically agreed to implementation of
various requirements/procedures under
ISO, FDA regulations, GMP, EHS,
Factories Act, I.D. Act, 1947 and gowning
procedures
and
other
Global/
/International authorities etc.
b) This settlement is in full and final
settlement of all demands raised by the
Union in their Charter of demands dated
19-8-2014 mentioned in the recital of this
case above and other demands, which
are not specifically dealt with or not
pressed in this settlement, shall be
treated as settled.
c) The Union and the workmen individually,
Jointly or through any other union or
agency, agree not to raise or pursue any
dispute in respect of any demands in
respect of the workmen covered under
this settlement, whether specifically
covered or not pressed or withdrawn in
this settlement and further agree not to
raise any demand on behalf of these
workmen involving any financial burden
or otherwise on the company, directly or
indirectly, during the currency of this
settlement. The Company agrees not to
raise or pursue any dispute specifically
covered or withdrawn during the
currency of this settlement.
d) In case of a legislation or otherwise, any
identical or similar higher benefits as
accruing to the workmen under this
settlement, are introduced in future by
the Government, the Union and the
workman, the company shall make good
the difference to fall in line with such
legislation. The workmen will be entitled
to opt for benefits either under this
settlement or the legislation in its totality,
whichever is more beneficial to them but
not both.
e) Both parties also agree that in case of
any individual/group grievances, every
effort will be made to resolve it in the
first place by mutual discussions
between the parties in accordance with
the existing grievance procedure, and
without either party resorting to any
unilateral action. It is also agreed
between the parties that in event that
they do not arrive at a mutually
acceptable solution, both parties will
follow constitutional and legally
established machinery/methods for the
settlement of disputes and shall not resort
to any direct and/or agitational methods.
f) It is in interest of the company and its
workmen that the company must sustain
and improve its competitive status and
earning capacity. For this the union and
its workmen agree to co-operate with the
Management in all necessary efforts to
continue
to
improve
efficiency,
productivity,
various
continuous
improvement
programmes
and
elimination of wastage. As a measure of
the same it is agreed that workmen or
employee
shall
co-operate
and
participate in the Lean management/
/GMP and different initiatives like +
QDCI, VSM (Value Stream Mapping),
works committee, or any other taken in
this regards.
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g) It is expressly understood by the Union
and its workmen that all the prevalent
service conditions shall continue to
remain unaltered and the union and the
workmen agree to abide and follow these
conditions for the overall efficiency of
the Plant and the Company.
h) It is understood by the Union and the
workmen that any rules and regulations,
existing practices, privileges, terms and
conditions currently prevailing in the
company as a matter of policy or statute
which have not been expressly altered
as a result of this settlement shall
continue to remain in force and the union
and its workmen shall abide by the same.
Any alteration in the existing policy, rules
and regulations, existing practices and
privileges or introduction of any new
policy, rules and regulations, practices
and privileges by the Company during
the tenure of this settlement in
accordance with the existing law at the
time of such alteration/introduction, and
which does not prejudice the terms and
conditions of this settlement shall be
followed by the union and its workmen.
Similarly, any statute modified or
introduced by the Government during the
tenure of this settlement shall be
complied with by the company as well
as the union and its workmen.
i) It is understood and agreed upon by the
Union and its workmen that usage of
Mobile phones in the Production area
(Manufacturing and Packaging) and
other restricted areas is not permitted.
The workmen and all other employees of
the company shall strictly abide by the
Mobile Policy of the Company.
j) The Union and the workmen appreciate
that it is essential to improve and
maintain the competitive status and
profitability of the company and reduce
the costs as an ongoing exercise. The
Union and the Workmen shall continue
to adhere to all measures adopted by the
company from time to time towards this
goal, including the following.
i. Introduction of new and/or improved
methods and machinery, restructuring,
re-allocation or re-organization,
flexibility of manpower allocation and
method simplification or modification
or improvements in various inputs.
ii. Both parties agree to carry out
modifications, abolition of wasteful
practices, introduction of appropriate
procedure for effective and maximum
utilization of the operating time, and
such other methods as may be
considered appropriate jointly which
will result into work simplification or
overall improvement in the efficiency.
iii. It is agreed that workmen shall work
in any section/department as per the
requirement of the company. The
Company may also depute workmen
in other department/on any other job
than currently handled by him for up-
-gradation of his skill or due to
exigencies of work or company
requirements.
iv. It is agreed that workmen shall adhere
to working in shifts as notified from
time to time and accepting overtime
work as and when it is required.
Workmen from the prior shift shall co-
operate and continue to work on
overtime after his regular duty hours
in case of absenteeism or work
requirement.
v. It is also agreed that safety of the
plant, machinery/equipments and
personnel is of paramount importance
and both the parties shall protect it
under all circumstances. The workmen
shall ensure at all times wearing of
personal
protective
equipment
wherever required as per safety norms
required for personal safety.
vi. The concerned workmen shall
handover proper charge at workplace
during the change over from one shift
to another. It is also agreed that all
workmen will adhere to the shift
timings by starting the work on time
and not leaving the place of work until
and unless he is relieved by the next
shift operator.
vii. It is agreed that the workmen will
adhere to all the rules of the cafeteria/
/canteen including of lifting of self
soiled plates and depositing the same
in the bin provided in the canteen.
viii. It is also agreed that all workmen will
attend the training programmes they
are nominated for as per the
Company’s training and development
plans.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2320
21. TENURE OF THE SETTLEMENT:
The settlement shall remain effective from 1st
April, 2014 to 30th June, 2017 and shall
continue to remain in force thereafter until
such time it is validly terminated by either of
the parties as per the provisions of the
Industrial Disputes Act, 1947. It is further
agreed that the arrears arising out of this
settlement shall be paid to all the workmen
who were on the muster roll of the company
as on 01-04-2014 and thereafter. The said
payment shall be subject to any deductions
under the prevailing laws and will be paid
within 3 succeeding months from signing of
the settlement. Any tax liability arising from
any payment or other benefits introduced or
revised under this settlement will be as per
the Income Tax Act, 1961. It is agreed that this
settlement will be taken as final and a copy of
this settlement will be made available to all
the workmen and a copy will be sent to the
Commissioner, Labour and Employment,
Government of Goa, Panaji for registration as
provided under the provisions of the said Act
and that this settlement shall be presented
before the Industrial Tribunal, Panaji in
Reference No. IT/2/2017 with a prayer to make
an Award in Terms of this settlement.
22. It is agreed that with the signing of the
settlement all the differences or disputes
pending cases/reference related to the Charter
of Demands in Reference No. IT/2/17 between
the management and the workmen in the
Tribunal or with Conciliation authority is
deemed to have been settled. It is agreed that
no fresh dispute on any issue which is settled
under this settlement shall be raised with the
management or with any authority under
industrial/labour law during the subsistence
of this settlement. In view of the above
settlement, it is specifically agreed between
the parties for the disposal of all the matters
mentioned here-in-below that both parties
shall file joint application in the Tribunal
and/or with the Appropriate authorities
and/or with the Conciliation authority that
the parties have arrived at amicable settlement
on issues in Reference No. IT/02/17, Civil Case
No. CLE/MWA-5/2017/3993, and Civil Case No.
CLE/MWA-4/2017/3992 and thus the consent
award to be given on IT/02/17, Civil Case
No. CLE/MWA-5/2017/3993, Civil case
No. CLE/MWA-4/2017/3992.
23. That in consideration of the management
having agreed to their demands as specified
in this settlement, during the period of its
operation the workers who are beneficiaries
of the settlement and the Union agree that
they will not, either jointly or severally, raise/
/support any demand involving any additional
financial burden upon the management, or
support any move likely to disrupt any of the
operations of the Management, which may
directly or indirectly cast a financial burden
on the company.
24. OTHER CONDITIONS OF SERVICE:
That all other terms and conditions of service,
more particularly including all those specified
in the letter of appointment of probation/
/confirmation, Certified Standing Orders and
existing rules and regulations as the case may
be, in the employment of the management not
modified in this settlement, will continue
unaltered.
25. It is hereby agreed by and between the parties
that any technical, legal, arithmetical and
typographical
error
that
may
have
inadvertently crept up in the settlement, will
be resolved and rectified mutually and neither
party will take undue advantage, if any.
26. In view of the admitted position that the
settlement has arrived between the
Management and the union represented by
the Bhartiya Kamgar Sena, both parties shall,
file this settlement before the Industrial
Tribunal seeking to pass an Award in terms of
settlement for which both parties shall give
consent.
8. The above Memorandum of Settlement is
signed by Mr. Suryakant Mahadik-President, Dr.
Raghunath Kuchik-Gen. Secretary, Mr. Sadanand
Parab-Jt. Secretary along with local committee
members, Mr. Shankar Pandit-General Secretary, Mr.
Rajesh Naik-President, Mr. Mangirish Patil-Vice
President, Mr. Navindra Borkar-Treasurer, Mr. Sunil
Kadam-Member, Mr. Ajay Phadte - Jt. Treasurer and
Adv. P. J. Kamat on behalf of Party I, so also by Shri
Magno Fernandes-Director Goa Site, Shri Shailendra
Bidye-Head Human Resources, Mrs. Renee
Amonkar-Dy. Director, Production, Mr. Sandeep
Prabhu-Associate Director, Engineering, Mr. P.
Umesh-Associate Director, SCM, Mr. Ajaya Padhi-
Head Quality-Operations, Mr. Sathya Balan-Head
Production and Mr. Gaurav Mahambre-Assistant
Manager, HR on behalf of Party II. I have gone
through the settlement terms filed as above, which
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2321
in my view, are just and fair and in the interest of
the both Workmen/Party I as well as Employer/
/Party II and hence, the same are accepted.
9. In view of above, I pass the following:
ORDER
(i) The reference stands disposed of in view of
the Memorandum of Settlement filed by both
the parties at Exhibit 12 colly.
(ii) No order as to costs.
(iii) Inform the Government accordingly.
Sd/-
(Vincent D’Silva),
Presiding Officer,
Industrial Tribunal and
Labour Court.
———uuu———
Department of Law and Judiciary
Law (Establishment) Division
__
Order
No. 12-20-2017/LD(Estt) 470
On the recommendations of the Selection
Committee of the Hon’ble High Court of Bombay,
Mumbai, as conveyed vide its letter No. A.5504/
/2017/4435 dated 11th December, 2017 and with
the approval of the Appointing Authority and upon
acceptance by the Selected Candidates of the terms
and conditions of Appointment as specified vide
Memorandum No. 12/20/2017/LD(Estt.)/442 dated
09-03-2018, the Government of Goa in pursuance of
Rule 4, read with sub-rule 4(b) of Rule 6 of
‘The Goa Judicial Service Rules, 2013’ hereby
appoints the following selected candidates to the
post of Civil Judge Junior Division and Judicial
Magistrate First Class (Group A Post), in the pay
scale of Rs. 27700-770-33090-920-40450-1080-
-44770/- and other allowances as admissible under
the Rules with effect from the date he/she assumes
the charge of the post.
Sr.
Name of the Selected
No.
Candidate
1)
Teisy Mascarenhas.
2)
Akshata Anand Kale.
3)
Purva Vishnudas Naik.
4)
Anusha Digamber Kaisukar.
5)
Sabino Adrian Braganza.
6)
Pooja Shirish Desai.
The selected candidates at Sr. No. 1 to 6 for the
post of Civil Judge Junior Division and Judicial
Magistrate First Class (Group A Post) in the State
of Goa, has been declared medically fit by the Goa
Medical Board and their character and antecedents
have been verified in terms of SR 196.
The apointees shall be on probation for a period
of two years which may be extended by the
Appointing Authority.
By order and in the name of the Governor
of Goa.
Anju S. Kerkar, Under Secretary (Estt.).
Porvorim, 15th March, 2018.
________
Order
No. 4-1-2008-LD(Estt)Vol. I/508
Read: Order No. 4-1-2008-LD(Estt.)Vol.I/621 dated
07-05-2012.
Government of Goa is pleased to appoint
following Advocates on the existing panel of
Advocates of Court of Local Jurisdiction under Food
Safety and Standards Act, 2006 (Central Act 34 of
2006) for the conduct of adjudication inquiry before
the Adjudicating Officer under the Food Safety and
Standards Rules, 2011;
1. Adv. Arun Naik.
2. Adv. Harsha Naik.
3. Adv. Roya L. L. Ferrao.
The fee structure of above advocates will be as
per above referred Order.
The expenditure towards the professional fees
of the above advocates shall be debited to the
Budget Head of Directorate of Food & Drugs
Administration, Bambolim-Goa.
By order and in the name of the Governor of
Goa.
Anju S. Kerkar, Under Secretary (Law-Estt.).
Porvorim, 19th March, 2018.
———uuu———
Department of Personnel
__
Order
No. 15/2/2016-PER/788
On the recommendation of the Goa Services
Board and approval of the Government, Shri Saiesh
Naik, Jt. Mamlatdar-I, Satari shall hold additional
charge of Chief Officer, Valpoi Municipal Council
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2322
in addition to his own duties, with immediate effect,
in public interest thereby relieving Smt. Cynthia F.
Mesquita.
Consequently, Smt. Cynthia F. Mesquita shall
report to the Directorate of Health Services as Office
Superintendent.
By order and in the name of the Governor
of Goa.
Harish N. Adconkar, Under Secretary (Personnel-I).
Porvorim, 15th March, 2018.
________
Order
No. 22/7/2017-PER/794
Read: 1) Order No. 22/12/2007-PER (Part) dated
10-06-2014.
2) Order No. 22/03/2015-PER dated 17-12-2015.
Ex-post facto extension of ad hoc promotion for
the interim period is hereby granted in respect of
the following Superintendent of Police (Senior Scale
Officers of Goa Police Service) for the period
mentioned against their names:-
Sr.
Name of the officer
Period of ad hoc
No.
extension
1. Shri Umesh Y. Gaonkar
w.e.f. 10-06-2015 to
26-05-2017.
2. Shri Rohidas Patre
w.e.f. 17-12-2016 to
26-05-2017.
3. Shri Mohan S. Naik
w.e.f. 17-12-2016 to
26-05-2017.
This issues with the approval of Goa Public
Service Commission conveyed vide their letter
No. COM/II/11/37(2)/2015/1545 dated 12-03-2018.
By order and in the name of the Governor
of Goa.
Shashank V. Thakur, Under Secretary (Personnel-II).
Porvorim, 15th March, 2018.
________
Order
No. 22/8/2005-PER/822
Governor of Goa is pleased to order the transfer
on deputation of Shri Vishram U. Borkar,
Commandant IRBn, Altinho, Panaji, and post him
as ADC to Hon’ble Governor of Goa with immediate
effect, in public interest.
The charges of Shri Vishram U. Borkar,
Commandant IRBn shall be looked after by the link
officer, until further order.
The deputation of Shri Vishram U. Borkar, as
ADC shall be governed by standard terms of
deputation as contained in this Department’s Office
Memorandum No. 13/4/74-PER dated 12-02-1999
and as amended.
By order and in the name of the Governor
of Goa.
Shashank V. Thakur, Under Secretary (Personnel-II).
Porvorim, 19th March, 2018.
________
Order
No. 13/15/2016-PER/823
Whereas, the Government vide Order No. 13/15/
/2016-PER dated 29-12-2017 was pleased to grant
extension in services to Shri Gajanan P. Bhat,
Dy. Director of Education officiating as Director of
Education, Directorate of Education for a period of
one year w.e.f. 01-01-2018 to 31-12-2018 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 Bhat;
And whereas, the Finance Department vide its
U.O. No. 1400045537 dated 08-01-2018 has
concurred the proposal for grant of extension of
Shri Bhat subject to Cabinet approval and
adherence of all Rules in force;
And whereas, the Council of Ministers in its
XXVIIIth meeting held on 14-02-2018 has approved
to grant ex-post facto approval for extension in
service beyond superannuation to Shri Gajanan P.
Bhat, Dy. Director of Education officiating as
Director of Education, Directorate of Education for
a period of one year w.e.f. 01-01-2018 to 31-12 2018.
Now, therefore, the Government is pleased to
grant extension in service beyond superannuation
to Shri Gajanan P. Bhat, Dy. Director of Education
officiating as Director of Education, Directorate of
Education for a period of one year w.e.f. 01-01-2018
to 31-12-2018.
By order and in the name of the Governor
of Goa.
Shashank V. Thakur, Under Secretary (Personnel-II).
Porvorim, 19th March, 2018.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2323
Memorandum
No. 6/4/2016-PER/861
Read: (1) Memorandum No. 6/15/2017-PER/2881 dated 22-09-2017.
(2) Memorandum No. 6/6/2011-PER/2880 dated 22-09-2017.
(3) Memorandum No. 6/4/2016-PER/2094 dated 28-06-2016.
(4) Memorandum No. 6/4/2016-PER/3257 dated 24-10-2017.
The final seniority of Senior Administrative Grade, Selection Grade and Junior Administrative Grade
have been finalized vide office Memorandum read at Serial No. 1 to 3 in preamble.
Further, final seniority of Senior Scale Officers was last finalized vide Memorandum cited at Sr. No. 4
in the preamble wherein the seniority of officers upto Sr. No. 34 was finalized.
Thereafter, some of the Senior Scale Officers have been promoted/included in seniority list of higher
grades and officers from Sr. No. 35 onwards have been promoted to Senior Scale.
Consequent to above, tentative seniority of Senior Scale Officers from Sr. No. 35 is drawn as follows.
Sr.
Name of the Officer
Date of Birth
Date of
Date of
Remarks
No.
Appointment
Appointment
in Junior Scale
in Senior Scale
1
2
3
4
5
6
1. Shri Melvyn Vaz
09-03-1966
09-01-1998
29-07-2005
Seniority finalized
vide Memorandum
dated 24-10-2017.
2. Shri Gopal Parsekar
04-02-1965
17-04-2000
09-12-2016
Seniority finalized
vide Memorandum
dated 24-10-2017.
*
3. Shri Gurudas P. Pilarnekar
06-11-1964
11-04-2003
09-12-2016
Seniority finalized
vide Memorandum
dated 24-10-2017.
4. Smt. Shabari Manjrekar
09-12-1964
12-09-2006
09-12-2016
-do-
@ Ruhi Redkar
5. Shri Meghanath P. Porob
13-05-1968
11-04-2003
10-04-2017
-do-
6. Shri Venancio Furtado
18-05-1966
12-09-2006
09-12-2016
-do-
7. Shri Narayan V. Prabhudessai
26-06-1962
12-09-2006
09-12-2016
-do-
8. Shri Agnelo A. J. Fernandes
03-11-1963
12-09-2006
10-04-2017
-do-
9. Shri Derrik P. Neto
19-03-1967
12-09-2006
09-12-2016
-do-
10. Shri Srinet N. Kotwale
13-05-1979
25-07-2003
10-04-2017
-do-
11. Shri K. V. Signapurker
15-10-1957
12-09-2006
09-12-2016
Retired
12. Smt. Pushpalata R. Arlekar
24-03-1958
12-09-2006
09-12-2016
-do-
13. Shri V. P. Dangui
27-09-1973
12-09-2006
09-12-2016
-do-
14. Shri Dipak M. Bandekar
12-03-1967
12-09-2006
09-12-2016
-do-
15. Shri Vikas S. N. Gaunekar
21-08-1967
12-09-2006
09-12-2016
-do-
16. Smt. Deepali D. Naik
18-07-1968
12-09-2006
09-12-2016
-do-
17. Shri Raju V. Gawas
25-12-1969
12-09-2006
09-12-2016
-do-
18. Shri Anthony J. S’Souza
08-01-1973
12-09-2006
09-12-2016
-do-
19. Smt. Sandhya S. Kamat
15-07-1965
12-09-2006
09-12-2016
-do-
20. Shri Damodar S. Morajkar
22-03-1967
12-09-2006
10-04-2017
-do-
21. Smt. Meena H. Naik
25-06-1962
12-09-2006
09-12-2016
-do-
Goltekar
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2324
22. Smt. Laura Britto e
28-05-1964
12-09-2006
09-12-2016
-do-
Madre Deus
23. Smt. Irene Vitoria Sequeira
12-04-1962
12-09-2006
09-12-2016
-do-
24. Shri Vassudev N. Shetye
06-09-1971
12-09-2006
09-12-2016
-do-
25. Shri Rajendra D. Mirajkar
08-11-1964
12-09-2006
09-12-2016
-do-
26. Shri R. K. Satardekar
12-07-1969
12-09-2006
09-12-2016
-do-
27. Shri Shamsunder Y. Parab
04-08-1958
12-09-2006
09-12-2016
-do-
28. Smt. Sneha S. Morajkar
21-09-1961
12-09-2006
09-12-2016
-do-
29. Shri Pravin M. S. Barad
20-05-1963
12-09-2006
09-12-2016
-do-
30. Shri Ashok V. Rane
13-07-1961
12-09-2006
09-12-2016
-do-
31. Smt. Upasana Mazgaonkar
01-07-1971
12-09-2006
09-12-2016
-do-
32. Shri Sabaji P. Shetye
26-07-1959
12-09-2006
09-12-2016
-do-
33. Shri Sanjeev C. Gauns Dessai
14-06-1970
12-09-2006
09-12-2016
-do-
34. Shri R. K. Halarnkar
08-01-1958
12-09-2006
09-12-2016
Retired
35. Kum. Biju R. Naik
12-02-1971
29-08-2011
04-07-2017
36. Shri Mahesh Corjuenkar
10-01-1961
29-08-2011
04-07-2017
37. Shri Johnson B. Fernandes
25-05-1974
29-08-2011
04-07-2017
38. Shri Umeshchandra L. Joshi 13-11-1961
29-08-2011
04-07-2017
39. Shri Surendra F. Naik
18-09-1972
29-08-2011
04-07-2017
40. Shri Ajit Panchwadkar
22-09-1967
29-08-2011
04-07-2017
41. Shri Agnelo Fernandes
19-11-1968
29-08-2011
04-07-2017
42. Shri Dashrath Redkar
04-10-1966
29-08-2011
04-07-2017
43. Shri Narayan Gad
23-07-1968
29-08-2011
04-07-2017
44. Shri Ajit Pawaskar
13-09-1963
29-08-2011
04-07-2017
45. Shri Devidas S. Gaonkar
15-05-1967
29-08-2011
04-07-2017
46. Shri Pandharinath N. Naik
13-06-1959
29-08-2011
04-07-2017
47. Smt. Siddhi T. Halarnkar
18-05-1977
29-08-2011
04-07-2017
48. Shri Snehal P. Naik Goltekar
20-09-1974
29-08-2011
04-07-2017
49. Shri Vinayak P. Volvoikar
25-02-1971
29-08-2011
04-07-2017
50. Smt. Meghana V. Shetgaonkar
06-08-1978
29-08-2011
04-07-2017
51. Smt. Darshana S. Narulkar
29-08-1977
29-08-2011
04-07-2017
52. Smt. Florina S. Colaco
25-03-1978
29-08-2011
04-07-2017
53. Shri Ashutosh R. Apte
08-05-1978
29-08-2011
04-07-2017
54. Shri Parag M. Nagarcenkar
05-11-1969
29-08-2011
11-10-2017
All Senior Scale Officers of Goa Civil Service from Sr. No. 35 onwards are requested to scrutinize the
list and in case of any objection as regards to seniority assigned, they shall intimate in writing to the
undersigned on or before 06-04-2018. Objections received thereafter shall not be entertained.
The above seniority list shall be subject to the outcome of Civil Appeal No. 9587-9590 and 9591-9594/
/2016, including any appeal/SLP to be filed by the State Government before the Hon’ble Supreme Court
against the order dated 22-07-2016 in Writ Petition No. 397/2015, 451/2015, 482/2015 & 663/2015 filed in
Hon’ble High Court of Judicature, Goa Bench, Panaji.
*The seniority list shall also be subject to the decision of the Government as per the order of Hon’ble
High Court dated 12-04-2017 in WP No. 1089/2016.
By order and in the name of the Governor of Goa.
Harish N. Adconkar, Under Secretary (Personnel-I).
Porvorim, 20th March, 2018.
1
2
3
4
5
6
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2325
Corrigendum
No. 7/21/2017-PER/901
Read: Notification No. 7/21/2017-PER dated
09-03-2018.
The name of IAS Officer mentioned at Sr. No. 3
in the Order read in the preamble may be read as
“Shri W. V. R. Murthy, IAS” instead of “Shri W. V.
Ramanmurthy, IAS”.
At Sr. No. 14, in column No. 3, the following shall
be added as point No. 3 against the name of
Smt. Isha Khosla, IAS (AGMUT: 2011) Special
Secretary (Budget).
“PPP Cell”
Other contents of the Order remains unchanged.
By order and in the name of the Governor
of Goa.
Harish N. Adconkar, Under Secretary (Personnel-I).
Porvorim, 21st March, 2018.
Department of Planning
Directorate of Planning, Statistics & Evaluation
__
Order
No. DPSE/ADMN/DEL-POW/2016/3030
Read: Office Memorandum No. 12/4/2005-DPC
dated 16-03-2005.
Dr. Y. Durga Prasad, Joint Director who is holding
additional charge in the capacity of the Director
and Head of Department shall function as the Public
Grievance Officer of this Directorate of Planning,
Statistics & Evaluation, Porvorim.
This issues with the approval of the Government
U.O. 526/F dated 15-2-2018.
By order and in the name of the Governor of
Goa.
Sanjay Goel, Under Secretary (Planning).
Porvorim, 19th March, 2018.
________
Notification
No. DPSE/ADMN/DEL-POW/2016/3035
In supersession of earlier Notification No. DPSE/I/ADMN/RIA/07/1156 dated 1156 are hereby appointed
as First Appellate, PIO’s and APIO’s under the Right to Information Act, 2005:
Sr.
Name & the contact
Designated Authority under
Remarks
No.
details of the Officers
RTI Act, 2005
1. Dr. Y. Durga Prasad, Jt. Director
First Appellate Authority
For all matters of the Department
(ADM). Ph. 0832-2417445/
in the capacity of addl. charge of
/Fax: 0832-2417443
Director and Chief Registrar of
Email: [email protected]
Births & Deaths.
2. Shri V. B. Saxena,
Public Information
For all matters relating to regis-
Jt. Director (RBD). Ph. 0832-
Officer-I
tration of Births & Deaths in the
2417436/Fax: 0832-2417443
capacity of addl. Chief Registrar
Email: [email protected]
of Births & Deaths.
3. Shri Premanand S. Naik,
Assistant Public
For all matters relating to regis-
Research Assistant. Ph. 0832-
Information Officer-I
tration of Births & Deaths.
2417442/Fax: 0832-2417443
Email: [email protected]
4. Shri Tolentino T. Furtado,
Public Information
For all other matters.
Statistical Offiicer. Ph. 0832-
Officer-II
2417438/Fax: 0832-2417437
Email: [email protected]
5. Kum. Neumani M. Rodrigues,
Assistant Public
For all other matters.
Statistical Officer. Ph. 0832-
Information Officer-II
2417437/Fax: 0832-2417437
Email: [email protected]
This issues with the approval of the Government U.O. 526/F dated 15-2-2018.
By order and in the name of the Governor of Goa.
Sanjay Goel, Secretary (Planning).
Porvorim, 16th March, 2018.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2326
Department of Public Health
__
Order
No. 6/10/2002-III/PHD/683
Read: Memorandum No. 6/10/2002-III/PHD dated
10-01-2018.
On the recommendation of the Goa Public
Service Commission as conveyed vide their letter
No. COM/I/35(2)/2013/907 dated 13-10-2017,
Government is pleased to appoint Shri Roderick
Vincent Monteiro to the post of “Clinical
Psychologist (Group ‘A’ Gazetted) under the
Institute of Psychiatry & Human Behaviour,
Bambolim, on temporary basis in the Pay Scale of
Pay Band L11 (revised) [` 15,600-39,100+GP 6,600
(pre-revised)] with immediate effect and as
per the terms and conditions contained in the
Memorandum cited above.
Shri Roderick Vincent Monteiro, shall be on
probation for a period of two years.
Shri Roderick Vincent Monteiro has been
declared medically fit by the Medical Board and
his character and antecedents have been verified
by the Additional Collector & ADM, North Goa
vide letter No. 2/11/2013-MAG/VCA/826 dated
28-02-2018 and there is nothing adverse recorded
against him.
As approved by the Government, Shri Roderick
Vincent Monteiro shall draw his pay and
allowances against the vacant post of Associate
Professor in Clinical Psychology in the Institute of
Psychiatry & Human Behaviour created vide Order
No. 6/6/2009-III/PHD dated 12-07-2016 until further
orders.
By order and in the name of the Governor
of Goa.
Trupti B. Manerkar, Under Secretary (Health).
Porvorim, 14th March, 2018.
________
Order
No. 45/4/2008-I/PHD/808
On the recommendation of the Goa Public
Service Commission as conveyed vide their letter
No. COM/II/11/24(2)/2017/1086 dated 26-2-2018,
Government is pleased to promote the following
Health Officers to the post of Chief Medical Officers
under Directorate of Health Services, on regular
basis in Level-10 of Pay Matrix of the 7th Pay
Commission [(Pay Band-3, Rs. 15,600-39,100 with
Grade Pay of Rs. 5,400/- (pre-revised)] and other
allowances to be fixed as per rules, with immediate
effect.
1. Dr. Maximiano De Sa.
2. Dr. Vandana Dhume @ Gaunekar.
3. Dr. Vikas Kuvelkar.
4. Dr. Rupa Naik.
5. Dr. Chandrakant Parab.
6. Dr. Anant Palekar.
7. Dr. Surekha Parulekar.
8. Dr. Doreen Noronha.
Consequent upon their promotion, they are
posted at the places indicated against their names:-
Sr.
Name of doctor
Place of posting
No.
1. Dr. Maximiano De Sa
T. B. Control Programme,
Panaji.
2. Dr. Vandana Dhume
State Family Welfare
@ Gaunekar
Bureau, Panaji.
3. Dr. Vikas Kuvelkar
T. B. Hospital, Margao.
4. Dr. Rupa Naik
Non Communicable
Disease Control Programme
(NCDCP), Panaji.
5. Dr. Chandrakant
National Leprosy Eradi-
Parab
cation Programme, Panaji.
6. Dr. Anant Palekar
National Vector Borne
Disease Control
Programme, Panaji.
7. Dr. Surekha Parulekar
District Immunisation
Programme, Panaji.
8. Dr. Doreen Noronha
STD Control Programme,
Panaji.
By order and in the name of the Governor
of Goa.
Maria Seomara De Souza, Under Secretary
(Health-II).
Porvorim, 21st March, 2018.
________
Order
No. 44/21/2017-I/PHD/Part I/809
On the recommendation of Goa Public Service
Commission conveyed vide their letter No. COM/
/II/12/24(13)/2017/1083 dated 26-02-2018, the
Government is pleased to declare satisfactorily
completion of probation period as well as
confirmation of Dr. Deelip P. Kerkar, Junior
Gynaecologist under Directorate of Health Services
as having satisfactorily completed his probation
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2327
period of two years with effect from 14-08-2009 to
13-08-2011 and also to confirm him in the post of
Junior Gynaecologist under Directorate of Health
Services.
By order and in the name of the Governor
of Goa.
Maria Seomara De Souza, Under Secretary (Health).
Porvorim, 22nd March, 2018.
________
Notification
No. 9/01/2018-III/PHD/699
Read: Notification No. 9/11/88-III/PHD(Vol.II)
dated 09-05-2014.
In exercise of the powers conferred by
sub-section (1) of Section 4 of the Mental Health
Act, 1987 (Central Act 14 of 1987) read with
Rule 3 and 5 of the State Mental Health Rules,
1990, the Government of Goa hereby establishes
the Goa State Mental Health Authority consisting
of the following members namely:-
1. Secretary (Health)
— Chairman.
2. Addl. Secretary (Health)/
— Official
/Joint Secretary (Health)
Member.
3. Director of Health
— Official
Services
Member.
4. Medical Superintendent,
— Official
IPHB
Member &
Member
Secretary.
5. Dr. Avinash Govind
— Non-Official
Kamat Dhakankar
Member.
6. Ms. Shweta Savaikar
— Non-Official
Member
7. Dr. B. S. Cuncoliencar
— Non-Official
Member.
8. Dr. V. N. Jindal
— Invitees.
9. Adv. Shri Babuso
— Invitees.
Gaonkar
10. Dr. Nandita D’Souza
— Invitees.
The appointment of Ms. Shweta Savaikar,
Lecturer in Clinical Psychology, GMC shall be in
relaxation being a Government Officer.
This issues in supersession of Government
Notification No. 9/11/88-III/PHD(Vol. II) dated
09-05-2014 referred above.
By order and in the name of the Governor of
Goa.
Trupti B. Manerkar, Under Secretary (Health).
Porvorim, 13th March, 2018.
Department of Revenue
—
Notification
No. 22/21/2017-RD(Part-I)/545
In pursuance of Clause 5 of the Goa Compen-
sation to the Project Affected Persons and Vesting
of Land in the Government Act, 2017 (Goa Act 16
of 2017), the Government is pleased to appoint
Secretary (Revenue) as the Project Affected Persons
Disputes Redressal Authority for the purpose of
the said Act.
By order and in the name of the Governor
of Goa.
Sudin A. Natu, Under Secretary (Revenue-I).
Porvorim, 19th March, 2018.
———uuu———
Department of Town & Country Planning
__
Notification
No. 21/1/TCP/2018/684
In exercise of the powers conferred by
sub-section (6) of Section 49 of the Goa, Daman and
Diu Town and Country Planning Act, 1974
(Act No. 21 of 1975), I, Shri Rajesh J. Naik, the
Chief Town Planner (Planning), hereby authorise
the officers specified in column (2) of the Table
below, having jurisdiction in respect of the Talukas
specified in the corresponding entries in column
(3) of the said Table for the purpose of said
sub-section (6) of Section 49 of the said Act, with
immediate effect.
TABLE
Sr.
Designation of the
Taluka
No.
officer
1
2
3
1)
Town Planner/Deputy Town
Pernem.
Planner
2)
Town Planner/Deputy Town
Bicholim
Planner
and Satari.
3)
Senior Town Planner/Town
Bardez.
Planner/Deputy Town Planner
4)
Town Planner/Deputy Town
Tiswadi.
Planner
5)
Town Planner/Deputy Town
Ponda.
Planner
6)
Town Planner/Deputy Town
Mormugao.
Planner
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
29TH MARCH, 2018
2328
7)
Senior Town Planner/Town
Salcete.
Planner/Deputy Town Planner
8)
Town Planner/Deputy Town
Quepem,
Planner
Sanguem
and
Dharbandora.
9)
Town Planner/Deputy Town
Canacona.
Planner
Rajesh J. Naik, Chief Town Planner (Planning).
Panaji, 27th March, 2018.
———uuu———
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