Reg. No. G-2/RNP/GOA/32/2018-20
RNI No. GOAENG/2002/6410
Panaji, 16th August, 2018 (Sravana 25, 1940) SERIES II No. 20 PUBLISHED BY AUTHORITY
GOVERNMENT OF GOA
Department of Agriculture
Directorate of Agriculture __
Department of Co-operation
Office of the Registrar of Co-operative Societies & ex officio Joint Secretary __
Order
Order
No. 2/25/2018-19/D.Agri/143
On the recommendation of the Goa Public
Service Commission vide their letter No. COM/II/
/12/2(3)/2014/179 dated 07-08-2018, the probation
period of the below mentioned Assistant Directors
of Agriculture, Group 'A' Gazetted in the pay scale
of PB-III Rs. 15,600-39,100+Rs. 5,400 Grade Pay
(Level 10 of 7th Pay Commission) of this Directorate
have been lifted, as they have satisfactorily
completed the probation period as shown against
their names:
Sr. Name of the Date of joining Date of lifting No. officer in regular of probation
service as period Assistant Director of Agriculture
1. Shri Nevil I. H. 04-05-2016 03-05-2018.
Alphonso
2. Smt. Ana Dias e 04-05-2016 03-05-2018.
Camara
No. 50/3/(140)/Elec/BOD/MNCH/RCS/NZ/16/1926
Read: 1. Letter No. 1/240/Elec/BOD/SMCH/ARCZ/ /2016/41 dated 9th March, 2018 and Letter No. 1/240/Elec/BOD/SMCH/ARCZ/ /2016/406 dated 14th June, 2018 received from the Asstt. Registrar of Co-op. Societies, Central Zone, Panaji-Goa to fill five vacant posts of Director of the Mandovi Nagar Co-op. Housing Society Ltd., Dr. Dada Vaidya Road, Panaji-Goa.
The Government of Goa is pleased to exempt the Mandovi Nagar Co-op. Housing Society Ltd., Dr Dada Vaidya Road, Panaji-Goa from the provisions of Section 59(4) and 60(3) (b) of the Goa Co-op. Societies Act, 2001 for the term i.e. 2016 to 2021 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, 6th August, 2018.
________
Order
3. Shri C. B. Perni 04-05-2016 03-05-2018.
By order and in the name of the Governor
of Goa.
Nelson X. Figueiredo, Director & ex officio Joint
Secretary (Agriculture).
Tonca-Caranzalem, 10th August, 2018.
No. 50/3/(85)/ELEC/BOD/ICC/RCS/SZ/16/1945
Read: Letter No. 18-658-2016/ARSZ/HSG/2735 dated 05-03-2018 received from Asstt. Registrar of Co-op. Societies, South-Zone, Margao-Goa to fill the one vacant post reserved for SC/ST Category on the Board of the Isabel Co-op. Housing Maintenance Society Ltd., near Chinchinim, Salcete-Goa.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 16TH AUGUST, 2018The Government of Goa is pleased to exempt the Isabel Co-op. Housing Maintenance Society Ltd., near Chinchinim, Salcete-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, 7th August, 2018.
———u———
Office of the Registrar of Co-operative Societies __
for M.Sc. in Mathematics in the following Government Colleges under the control of Directorate of Higher Education, Porvorim-Goa as under:-
Government College of Arts, Science and Commerce, Sanquelim-Goa
Sr. Designation Pay Matrix Total No. as per VIIth sanctioned
Pay Commission strength
Teaching Posts
1. Professor in Level 14 02
Mathematics
2. Professor Emeritus/ Level 15 02
/Senior Professor in Mathematics
Government College of Arts, Science and Commerce, Quepem-Goa
Order
No. 7-617-2016/EST/RCS/1918
Consequent upon relieving of Smt. Ulka Bandekar, Asstt. Registrar of Co-op. Societies, South Zone, Margao from Government Service on voluntary retirement w.e.f. 31-7-2018 (b.n.), Shri Rajesh Parwar, Asstt. Registrar of Co-op. Societies, VPK Urban Co-op. Credit Society, is transferred and posted as Asstt. Registrar of Co-op. Societies, South Zone, Margao.
Smt. Pratima Braganza, Asstt. Registrar of Co-op. Societies, ABN/EXE, North Goa District, Ponda-Goa, shall look after the charge of Asstt. Registrar of Co-op. Societies, VPK Urban Co-op. Credit Society, in addition to her own duties.
By order and in the name of the Governor of
Goa.
Sanjiv M. Gadkar, Registrar & ex officio Addl.
Secretary (Co-op. Societies).
Panaji, 7th August, 2018.
———uuu———
Department of Education, Art & Culture 1. Professor in Level 14 02
Mathematics
2. Professor Emeritus/ Level 15 02
/Senior Professor in Mathematics
3. The above positions shall be filled for a short tenure of two years based on the assessment of workload in each subject done by Directorate of Higher Education as the case may be.
This issues with the concurrence of Finance (Rev. & Cont.) Department vide their U.O. No. Fin.(R&C)/1400045362-F dated 17-04-2018.
By order and in the name of the Governor of
Goa.
Diwan N. Rane, Under Secretary (Higher
Education).
Porvorim, 10th August, 2018.
———u———
Directorate of Technical Education
College Section __
Order
Directorate of Higher Education __
No. 16/4/79/PF/NFS/Arch/DTE/18/1435
Read: Memorandum No. 16/2/25/2001/DTE/Vol. II/
Order
No. 1/5/2017-DHE/2267
Read: Order No. 21/1/2016-Fin (R&C)/3702 dated 10-11-2017 issued by the Finance (Revenue & Control) Department, Government of Goa.
Pursuant to order dated 10-11-2017 read in preamble and after assessing the staffing position and new requirements, Government is pleased to accord its sanction to the following teaching posts /711 dated 07-06-2018.
On the recommendations of the Goa Public Service Commission conveyed vide their letter No. COM/I/5/5(2)/2018/94 dated 15-05-2018, Government is pleased to appoint Ms. Nisha Flavia Soares on temporary basis to the post of Assistant Professor in Architecture (Group 'A' Gazetted) at Goa College of Architecture, Altinho, Panaji-Goa, on an initial pay at Level 10 [i.e. on an initial pay OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 16TH AUGUST, 2018 of Rs. 15,600/- (pre-revised) in the Pay Scale of Rs. 15,600-39,100 (pre-revised) (PB-3)+Academic Grade Pay of Rs. 6,000/-] w.e.f. the date of joining as per the terms & conditions contained in the Memorandum cited above.
The appointment is against the post of Assistant Professor in Architecture vacant since 31-08-2011 due to superannuation of Shri Lawrence Rodrigues and subsequently revived vide order No. DTE/ADC/ /16/2/34/2007/Vol.I/3104 dated 21-12-2017.
Ms. Nisha Flavia Soares will be on probation for
a period of two years.
She should join duties within 30 days of the receipt of this order, failing which this order is liable to be cancelled without further notice.
She has been declared fit by Medical Board, Goa Medical College & Hospital, Bambolim vide letter
No. 4/105/85-H/GMC/2018/520 dated 30-06-2018. Her character and antecedents have been verified and nothing adverse is reported against her as conveyed by the Additional Collector & ADM, North Goa, Office of the District Magistrate, Magisterial Branch, Collectorate Building, Panaji vide No. 2/6/2013-MAG/VCA/3737 dated 02-08-2018.
By order and in the name of the Governor of
Goa.
Vivek B. Kamat, Director & ex officio Addl.
Secretary (Technical Education).
Porvorim, August, 2018.
________
On the recommendations of the Goa Public Service Commission conveyed vide their letter No. COM/I/5/6(1)/2017/1118 dated 28-03-2018, Government is pleased to appoint Shri Sagar Babay Gaude on temporary basis to the post of Assistant Professor in Fine Art (Applied Art) (Group 'A' Gazetted) at Goa College of Art, Altinho, Panaji-Goa, on an initial pay at Level 10 [i.e. on an initial pay of Rs. 15,600/- (pre-revised) in the Pay Scale of Rs. 15,600-39,100 (pre-revised) (PB-3)+Academic Grade Pay of Rs. 6,000/-] w.e.f. the date of joining as per the terms & conditions contained in the Memorandum cited above.
The appointment is against the post of Assistant Professor in Fine Art (Applied Art) created vide order No. 8/26/81/WET dated 02-07-1983 vacated by Shri S. R. Borkar and subsequently revived vide order No. 8/34/86/EDN/Vol.II/3379 dated 01-11-2016.
Shri Sagar Babay Gaude will be on probation for
a period of two years.
He should join duties within 30 days of the receipt of this order, failing which this order is liable to be cancelled without further notice.
He has been declared fit by Medical Board, Goa Medical College & Hospital, Bambolim vide letter No. 4/105/85-H/GMC/2018/380 dated 15-05-2018. His character and antecedents have been verified and nothing adverse is reported against him as conveyed by the Additional District Magistrate, South Goa, Margao, Office of the Collector and District Magistrate, South Goa District, Magisterial Section, Matanhy Saldanha Administrative Complex, Margao, Goa vide letter No. 36/01/2018/ /MAG/227/8951 dated 30-07-2018.
By order and in the name of the Governor of
Order
No. 8/1/66/SBG/PF/DTE/2018/1436
Read: Memorandum No. 8/34/86/EDN/Vol.IV/144
dated 13-04-2018.
Goa.
Vivek B. Kamat, Director & ex officio Addl.
Secretary (Technical Education).
Porvorim, 9th August, 2018.
________
Order
No. 16/150/Confirmation/GEC/04/P.F.I/1372
Read: Order No. 16/150/Confirmation/GEC/04/3206 dated 23-3-2007.
On the recommendations of the Goa Public Service Commission as conveyed vide their letter No. COM/ /III/12/18(1)/05/1066 dated 22-08-2006, the Government of Goa is pleased to declare the following Group 'A' Gazetted Officers of Goa College of Engineering, Farmagudi, Ponda-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 Incumbent Designation Date of No.
1 2
confirmation
3
4
1. Dr. R. B. Lohani Professor & HOD in Electronics & Telecommuni- 10-05-2000.
cation Engineering
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 16TH AUGUST, 20181 2
3
4
2. Dr. C. S. Gokhale Assistant Professor in Civil Engineering 26-01-1996.
3. Dr. K. G. Guptha Assistant Professor in Civil Engineering 26-01-1996.
4. Shri A. K. S. Bhadauria Assistant Professor in Environmental Sc. 03-02-1996.
5. Dr. V. N. Shet Assistant Professor in Electronics and 14-05-1997.
Telecommunication Engineering
6. Smt. Madhumita Tamhane Assistant Professor in Electronics and Telecommuni- 19-11-1997.
cation Engineering
7. Shri V. K. Joseph Assistant Professor in Electrical Engineering 12-03-1998.
8. Shri J. A. Laxminarayana Assistant Professor in Computer Engineering 30-07-1999.
9. Shri D. V. Shirodkar Assistant Workshop Superintendent 30-06-1994.
10. Shri S. N. Betagiri Lecturer in Civil Engineering 14-01-1989.
11. Shri Adappa Jalihal Lecturer in Geology 08-01-1993.
12. Smt. Ujwala Phadke Lecturer in Mathematics 07-07-1993.
13. Shri V. Mariappan Lecturer in Mechanical Engineering 31-07-1993.
14. Smt. Tania Vanessa Colaco Lecturer in Electronics & Telecommunication 19-12-1995.
Engineering
15. Shri S. V. Balasubramanian Lecturer in Metallurgy 02-01-1996.
16. Shri Umesh A. Bapat Lecturer in Computer Engineering 26-01-1996.
17. Shri Milind Sakhardande Lecturer in Mechanical Engineering 26-01-1996.
18. Ms. Wilma Rita Fernandes Lecturer in Civil Engineering 26-01-1996.
19. Shri Ganesh Hegde Lecturer in Civil Engineering 30-01-1996.
20. Shri Bindurao R. Kulkarni Lecturer in Mechanical Engineering 06-03-1996.
21. Smt. Amita Chimulkar Lecturer in Electronics & Telecommunication 30-03-1996.
Engineering
22. Shri George Easaw Lecturer in Mechanical Engineering 08-09-1996.
23. Shri Govind Kunkolienkar Lecturer in Electrical Engineering 02-09-1998.
24. Kum. Maruska Fatima C. Lecturer in Computer Engineering 12-06-1999.
Mascarenhas
25. Smt. Sangeeta Mahaddalkar Lecturer in Electrical Engineering 30-08-1999.
alias Sangeeta S. Wadawalkar
26. Shri Anant J. Naik Lecturer in Electrical Engineering 31-08-1999.
27. Smt. Suneeta S. Raykar Lecturer in Electrical Engineering 15-10-1999.
28. Shri Nilesh B. Faldessai Lecturer in Computer Engineering 17-12-1999.
29. Shri Prasanna H. S. Kumar Lecturer in Civil Engineering 14-03-2000.
30. Ms. Nisha Amonkar Lecturer in Civil Engineering 30-07-2000.
31. Shri Rajesh S. Prabhu Lecturer in Mechanical Engineering 14-06-2000.
Gaonkar
32. Shri Hassanali G. Virani Lecturer in Electronics & Telecommunication 09-07-2000.
Engineering
33. Shri B. S. Manohar Shankar Lecturer in Mechanical Engineering 13-07-2000.
34. Shri Vikas K. Chodankar Lecturer in Civil Engineering 21-05-2000.
35. Shri Sunil G. Raut Stores Officer 21-04-1995.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 20
16TH AUGUST, 2018
As per the recommendation of All India Council for Technical Education (AICTE) issued vide Notification No. F.No. 37-3/Legal/2010 dated 5th March, 2010, as accepted by Government of Goa vide order No. DTE/ /Estt/1-9-II/pay Fixation/2009/273 dated 27-01-2011, the post of Lecturers has been re-designated as Assistant Professor and that of Assistant Professor has been re-designated as Associate Professor as and when the faculties are due.
This order supersedes the earlier order No. 16/150/Confirmation/GEC/04/3206 dated 23-3-2007.
By order and in the name of the Governor of Goa.
Vivek B. Kamat, Director & ex officio Addl. Secretary (Technical Education).
Porvorim, 6th August, 2018.
________
Order
No. 16/150/Confirmation/GEC/04/P.F.I/1373
Read: Order No. 16/150/Confirmation/GEC/04/P.F.I/4389 dated 29-10-2010.
On the recommendations of the Goa Public Service Commission as conveyed vide their letter No. COM/ /II/12/18(1)/05/234 dated 06-10-2010, the Government of Goa is pleased to declare the following Group 'A' Gazetted Officers of Goa College of Engineering, Farmagudi, Ponda-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 Incumbent Designation Date of No. confirmation 1 2 3 4 1. Dr. Adlete A. A. Mascarenhas Lecturer in Chemistry 07-11-2006. 2. Smt. Minaz Bi Sheikh Lecturer in Maths 30-11-2006. 3. Smt. Natasha D'Souza Lecturer in Economics 01-12-2006. 4. Shri Vijay Menino Jesus Borges Lecturer in Information Technology 17-08-2006. 5. Shri Jayeshkumar G. Priolkar Lecturer in Electrical Engineering 14-11-2006. 6. Ms. Manisha B. Naik Gaonkar Lecturer in Computer Engineering 30-10-2006. 7. Shri Gajanan Shanker Gawde Lecturer in Computer Engineering 18-08-2006. 8. Shri Chetan K. Desai Lecturer in Electronics & Telecommunication 05-10-2006.
Engineering
9. Shri Shajahan M. Kutty Lecturer in Electronics & Telecommunication 19-10-2006.
Engineering
10. Ms. Amita Umesh Dessai Lecturer in Electronics & Telecommunication 27-11-2006.
Engineering
11. Ms. Sonia S. Kuwelkar Lecturer in Electronics & Telecommunication 12-03-2007.
Engineering
12. Ms. Nayana Narayan Shenvi Lecturer in Electronics & Telecommunication 06-10-2006.
Engineering
13. Ms. Sonali Dattatraya Pandit Lecturer in Electrical Engineering 23-04-2007.
14. Shri Nitesh Navnath Naik Lecturer in Computer Engineering 11-06-2007.
15. Ms. Aisha Cyra Fernandes Lecturer in Information Technology 25-07-2007.
Furtado
16. Ms. Vaishali R. Shirodkar Lecturer in Information Technology 18-06-2007.
17. Shri Samarth Bhagirath Borker Lecturer in Electronics & Telecommunication 19-12-2007.
Engineering
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 16TH AUGUST, 2018As per the recommendation of All India Council for Technical Education (AICTE) issued vide Notification No. F.No. 37-3/Legal/2010 dated 5th March, 2010, as accepted by Government of Goa vide order No. DTE/ /Estt/1-9-II/pay Fixation/2009/273 dated 27-01-2011, the post of Lecturers has been re-designated as Assistant Professor and that of Assistant Professor has been re-designated as Associate Professor.
This order supersedes the earlier order No. 16/150/Confirmation/GEC/04/P.F.I/4389 dated 29-10-2010.
By order and in the name of the Governor of Goa.
Vivek B. Kamat, Director & ex officio Addl. Secretary (Technical Education).
Porvorim, 6th August, 2018.
———uuu———
Department of Forest
__
Order
No. 4-2-2011/FOR/502
The Government of Goa is pleased to order transfer and posting of the following Assistant Conservator of Forests (ACFs), with immediate effect and until further orders in public interest:
Sr. Name of the officer Present posting Posted as No. and designation
1. Shri Anand Jadhav, ACF ACF (Wildlife & Eco-Tourism), SDFO, Ponda, thereby relieving
South, Margao Shri A. G. Samant, ACF of
additional charge.
2. Shri Vishal Surve, ACF SDFO, Quepem Additional charge of ACF
(Wildlife & Eco-Tourism), South, Margao.
All the above officers shall continue to draw their salary on their substantive posts.
The process of handing over/taking over charge shall be completed within seven days from the date of issue of this order.
By order and in the name of the Governor of Goa.
Shaila G. Bhosle, Under Secretary (Forests).
Porvorim, 6th August, 2018.
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Department of Industries __
Department of Labour __ Notification
Order
No. 3/1/2018-IND(Part)/301
Government of Goa is pleased to appoint Goa Investment Promotion & Facilitation Board as "Nodal Agency" for formulating and implementing the logistics policy of the State.
By order and in the name of the Governor of Goa.
A. S. Mahatme, Under Secretary (Industries).
Porvorim, 09th August, 2018.
No. 28/3/2018-LAB/Part-III/500
The following Award passed by the Industrial Tribunal and Labour Court, at Panaji-Goa on 03-07-2018 in reference No. IT/24/09 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, 06th August, 2018.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 16TH AUGUST, 2018IN THE INDUSTRIAL TRIBUNAL AND LABOUR COURT
GOVERNMENT OF GOA
AT PANAJI
(Before Mr. Vincent D'Silva, Hon'ble Presiding Officer)
to adamant attitude of the management. The action of Party II is illegal and unjustified. Hence, the reference.
Ref. No. IT/24/09
Shri Johnny Vaz, Rep. by the Goa MRF Union, H. No. 282, Dr. P. S. Ramani Road, Wadi, Talaulim, Ponda-Goa. … Workman/Party I
V/s
MRF Limited, Tisk, Usgao, Goa. … Employer/Party II
Workman/Party I represented by Ld. Adv. Shri P. Agrawal.
Employer/Party II represented by Ld. Adv. Shri G. K. Sardessai.
AWARD
(Delivered on this the 3rd day of the month of July of the year 2018)
By Order dated 20-08-2009, bearing No. 28/22/ /2008-LAB/620, 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 the Tribunal for adjudication.
"(1) Whether the action of M.R.F. Ltd., Tisk, Usgao, Goa, in suspending Shri Johnny Vaz, Machinist, for two days without wages by way of punishment, is legal and justified?
(2) If not, to what relief the workman is entitled?"
2. Upon receipt of the reference, it was registered as IT/24/09 and registered A/D notices were issued to both the parties. Pursuant to service of notices, Party I filed a Claim statement at Exhibit 4 and Party II filed a Written statement at Exhibit 5.
3. In short, the case of the Party I is that the Party II/company has been harassing the union members including illegal suspension by way of punishment to Party I workman. The Party II issued illegal show cause notice to Party I alleging that he misbehaved with the supervisor and was asked to file a reply within 48 hours and thereafter illegally imposed two days suspension by way of punishment without holding an enquiry. The punitive suspension imposed on him is illegal only to victimize him for his legitimate trade activities. The conciliation proceedings ended in failure due 4. In the Written statement, the Party II has stated that based on the report of the supervisor a show cause notice was issued to him and after conducting a preliminary enquiry into the incident, it was found that the incident was established which amounted to serious act of misconduct under Certified Standing Orders of the company. However, the Party II took a lenient view and instead of imposing harsh punishment awarded with two days suspension by way of punishment considering the past service record of Party I. The punishment imposed on Party I was in accordance with the provision of Certified Standing Orders of the company. The action of the company is legal and proper.
5. The Party I filed a rejoinder at Exhibit 7 denying the case put forth by Party II in the written statement.
6. Issues framed at Exhibit 11 are as follows:
(1) Whether the Party I proves that no enquiry was conducted before imposing punishment and this violated the concept of natural justice?
(2) Whether the Party I proves that he is entitled for two days wages and regularization of it?
(3) Whether the Party II proves that there is sufficient material to prove the misconduct of Party I?
(4) What order & relief?
7. The Party I, Shri Johnny Vaz examined himself and produced on record his affidavit in evidence at Exh. 15, a copy of show cause notice dated 19-12-08 at Exh. 16, a copy of letter dated 22-12-08 at Exh. 17, a copy of reply dated 26-12-08 at Exh. 18, a copy of order of suspension dated 5-1-09 at Exh. 19, a copy of letter dated 27-1-09 at Exh. 20, copies of the records of conciliation proceedings along with enclosures at Exh. 21 colly and closed the case. On the other hand, Shri Kenneth De Souza was examined as witness of Party II and he produced on record his affidavit in evidence at Exh. 26, a copy of inter office memorandum dated 13-12-08 at Exh. 27, a copy of out pass dated 31-12-08 at Exh. 28, a copy of attendance muster roll of M/C shop/PREP II at Exh. 29, a copy of IOM dated 31-12-08 regarding intimation for preliminary enquiry at Exh. 30, a copy of IOM dated 31-12-08 regarding intimation OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 16TH AUGUST, 2018 for preliminary enquiry at Exh. 30, a copy of IOM dated 31-12-08 regarding preliminary enquiry report at Exh. 31, a copy of Certified Standing Orders of Party II at Exh. 32. The Party II also examined Shri Mangaldas Dessai as their second witness.
8. Heard arguments. Notes of Written arguments came to be placed on record by Party I as well as Party II.
9. I have gone through the records of the case and have duly considered the arguments advanced. My answers to the above issues are as follows:
Issue No. 1 … In the Negative. Issue No. 2 … In the Negative. Issue No. 3 … In the Affirmative. Issue No. 4 … As per final order.
REASONS
Issue No. 1:
10. Learned Adv. Shri P. Agrawal for Party I has submitted that the provision under Certified Standing Orders of Party II relating to minor offence and minor punishment is contained in clause 22 by which it is stated that no order under sub-clause (ii) fine and sub-clause (iii) suspension without pay not exceeding four days be made unless the workman concerned be informed in writing of the alleged misconduct and given an opportunity to explain the circumstances alleged against him. He further submitted that the above provisions are embodiment of the idea of natural justice that should be followed in case of above punishment and when the statute does not exclude personal hearing expressly or impliedly, it is necessary that personal hearing is given before the punishment. He also submitted that the Certified Standing Orders mentions an opportunity to explain and it cannot be a mere ceremonial requirement and it has to be reasonable and follow the requirement of a reasonable procedure. The employer therefore is duty bound to conduct an enquiry which includes personal hearing and documents relied upon by the management in the interest of justice and fairness and in support thereof, he relied upon the cases of (i) D. K. Yadav vs. J.M.A. Industries Ltd., (1993) 3 SCC 259 and (ii) Glaxo Laboratories (I) Ltd. vs. Presiding Officer, Labour Court, Meerut & Ors., AIR 1984 SC 505.
11. Per contra, Ld. Adv. Shri G. K. Sardessai for Party II has submitted that the present dispute is in respect of punishment of suspension imposed on Par ty I for having committed an act of misconduct while at work as reported by the supervisor on duty on 13-12-2008. The Party I was issued a show cause notice as the above act of abusing and insulting a supervisor while at work and challenging his authority is a serious act of misconduct. The Party I replied to the said show cause notice and after perusing found it necessary to conduct a preliminary enquiry by Plant HR-Manager calling upon all concerned, however the Party I failed to attend the enquiry despite being informed and the preliminary enquiry concluded that the incident was established however, the Party II took a lenient view. He further submitted that the violation if any, of each and every facet of principle of natural justice does not have the effect of vitiating the enquiry. There is no requirement of cross examination to be fulfilled to justify fair play in action. The conduct of preliminary enquiry is reflective of the adherence to the rules of natural justice in the entire matter. The test in such cases should be one of prejudice, viz. whether such violation has prejudiced the employee in defending himself properly and effectively or whether the person has received a fair hearing considering all things and whether actual prejudice has been caused to the person by the supposed denial to him of a particular right. In support thereof, he relied upon the cases of (i) K. L. Tripathi vs. State Bank of India & Ors., (1984) 1 SCC 43, (ii) Janki Nath Sarangi vs. State of Orissa, (1970) I LLJ 356 and (iii) State Bank of Patiala and Other vs. S.K. Sharma, (1996) 3 SCC 364.
12. Admittedly, the Party I was imposed with a minor punishment of suspension of two days for having committed an act of misconduct while at work under clause 22 of the Certified Standing Orders. Clause 22 of the Certified Standing Orders reads as follows:
22. PUNISHMENT: (a) The punishment for misconduct that may be awarded by the manager or any person duly authorised by him shall be as follows: i. ………………..
ii. ………………..
iii. Suspension without pay not exceeding
four days.
EXPLANATION: Stoppage of increments at an efficiency bar shall not constitute a penalty.
(b) No order under sub-clause ii and iii and iv of clause (22) shall be made unless the workman concerned has been informed in writing of the alleged misconduct and given an opportunity to explain the circumstances alleged against him.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 16TH AUGUST, 201813. The above provision requires two basic ingredients viz. (a) that the workmen is to be informed in writing of alleged misconduct, (b) given an opportunity to explain the circumstances alleged against him. No detailed enquiry as mandated under clause 22 (a) (v) (vi) is required as no order of discharge or dismissal under the said clauses can be made except an enquiry against the workmen concerned in respect of alleged misconduct. There is no requirement for personal hearing and/or right to provide documents in the said provision. The management is not duty bound to conduct an enquiry nor it is provided in the Certified Standing Orders of the company. The only requirement is to see whether actual prejudice has been caused to the person or not. The test in such cases should be one of prejudice. In other words, the test is, all things taken together, whether the employee had or did not have a fair hearing.
on 31-12-2008 and that he did not attend the said enquiry despite intimation by concerned supervisor of Party II. Shri Kenneth De Souza has stated that the preliminary enquiry was conducted into the reported incident by HR-Manager calling upon all concerned involved in the incident, however Party I failed to attend the preliminary enquiry despite being informed by the supervisor. In the cross examination, he admitted that no notice of preliminary enquiry was given to Party I but claimed that he orally informed him and that he told the Party I workman that there would be preliminary enquiry at 4.00 p.m. on 31-12-2008 and that he should come at Plant HR-Manager's cabin. Exhibit 30 is the IOM dated 31-12-2008 with instructions to inform Party I about the preliminary enquiry. He also stated that Party I was on duty on 31-12-2008 in the second shift at 4.05 p.m. on that day and that he informed him about the preliminary enquiry as soon as he joined the shift and Party I though on duty did not attend the enquiry. He stated that Party II is required to give notice of the enquiry to the workman only in case of domestic enquiry as per Certified Standing Orders and that there is no need of written notice in case of preliminary enquiry. He also admitted that the persons who participated in the preliminary enquiry were Plant HR-Manager, Shri Mangaldas Dessai and himself. Shri Mangaldas Dessai has also reiterated that preliminary enquiry was conducted into the incident and that Party I failed to attend the said enquiry.
14. It was alleged that the Party I while on duty on 13-12-2008 behaved in a rude manner with the supervisor on duty, Shri Mangaldas Dessai and in the process insulted him in the presence of other workmen with words such as 'beshmar' and went on to challenge the authority of said supervisor without any provocation. The Party I was issued a show cause notice dated 19-12-2008 and he replied vide letter dated 26-12-2008. The allegation that he was denied opportunity of 10 days to reply is without any substance as when he asked for 10 days to reply, the Party II gave extension of time upto 30-12-2008 at Exh. 22 and he admitted that he sent his reply on 26-12-2008 at Exh. 18. There is therefore no denial of opportunity of filing a reply by Party I as sufficient time was granted to him to explain the show cause notice. It is thus evident that the Party I was issued a show cause notice in writing and an opportunity to explain the circumstances alleged against him has been given to him. Shri Johnny Vaz has also admitted that the Company issued a show cause notice to him and that he was required to submit his explanation in writing and that he sent his reply to the said show cause notice dated 26-12-2008 at Exh. 18. It is therefore the requirements of clause 22(b) of the Certified Standing Orders of the company for informing the workman concerned in writing of the alleged misconduct and giving an opportunity to explain the circumstances against him, have been duly complied by Party II.
16. Be that as it may, the Certified Standing Orders do not warrant enquiry to be conducted in cases of punishment under clause 22(3)(b) before awarding such punishment as long as an opportunity is given to the workman in writing to explain the charges, however the evidence clearly shows that such an enquiry was conducted in which the Party I workman failed to attend. The evidence also clearly indicates that the punishment imposed on Party I workman is consequent to affording a proper opportunity to him to explain and to defend the incident by participating in the preliminary enquiry, which he chose not to do so. The Party I has not sought any documents nor alleged in the reply dated 26-12-2008 at Exh. 18 that no documents have been furnished to him nor it was his case that no preliminary enquiry was conducted; no notice in writing was given and that no opportunity was given to him to explain the circumstances alleged against him. The Party II therefore has sufficiently followed principles of natural justice before initiating action against Party I as well as given 15. Learned Adv. Shri Sardessai for Party II has submitted that after perusing the reply, Party II found it necessary to conduct a preliminary enquiry against Party I. Party I, Shri Johnny Vaz has denied that the preliminary enquiry was fixed by Party II OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 16TH AUGUST, 2018 sufficient opportunity to explain circumstances against him and therefore, the punishment imposed was in accordance with provisions of Certified Standing Orders of the company.
17. In short, the evidence on record clearly show that the show cause notice was issued as provided under Certified Standing Orders of the company pursuant to which a reply was filed by Party I and the preliminary enquiry was conducted prior to awarding punishment as reflected in the order of suspension for two days dated 27-1-2009 at Exh. 20. There is therefore no violation of any of the facets of principle of natural justice. The Party II has conducted preliminary enquiry although not mandated by the provisions of Certified Standing Orders of the company. There was no requirement of cross examination to be fulfilled to justify fair play in action as no real prejudice has been shown to have been caused to Party I workman by absence of any formal opportunity of physical participation in the enquiry or in the cross examination per se. It is well settled that every violation of procedural provision does not render the enquiry and the punishment void. The Party I workman has also not shown that any prejudice has been caused to him. The provisions of Certified Standing Orders do not expressly provide that in case of minor punishment, he should be given an opportunity to produce evidence or materials in support of evidence and if no such opportunity is given, the enquiry is said to be violated. The Party II has complied with procedural provisions giving fair opportunity to Party I and an order was passed imposing minor punishment consequent upon a preliminary enquiry and therefore, no interference is called in awarding the said punishment. The Party I having failed to prove that the Party II has violated the
concept of natural justice and that no enquiry was conducted against imposing punishment, issue No. 1 has to be answered in the negative.
Issue Nos. 2, 3 and 4:
18. It is the case of Party II that the Party I while on duty on 13-12-2008 behaved in a rude manner with the supervisor on duty, Shri Mangaldas Dessai
and in the process insulted him in the presence of other workmen with words such as 'beshmar' and went on to challenge the authority of said supervisor without any provocation. The Party II has examined Shri Kenneth De Souza, Chief Engineering Manager who has claimed that based
on the report of supervisor concerned the Party I was issued a show cause notice dated 19-12-2008 for abusing and insulting the supervisor at work and challenging his authority. Exhibit 27 is the
said report/complaint. Shri Mangaldas Dessai also claimed that while on duty, Party I misbehaved with him and in the process insulted him in the presence of other workmen such as 'beshmar, beshmar' repeatedly and challenged the authority without the provocation and on his report, Party I
issued a show cause notice dated 19-12-2008. He has not been shaken in the cross examination. He denied the suggestion that he filed a false and fabricated complaint and that Party I has not abused him. Shri Johnny Vaz in the cross examination has also admitted that Shri Mangaldas had come to
him on 13-12-2008 and told him to do some work on that day, but denied the occurrence of the said incident.
19. It is well settled that there is no rule of evidence which lays down that the evidence of a solitary witness cannot be relied upon or merely
because there is only a solitary witness in support of the charge, no conclusion can be based upon it even though the evidence of that witness is acceptable as true. The evidence led by Party II in support of charge is acceptable more particularly when Shri Johnny Vaz has admitted in the cross
examination that Shri Mangaldas had told him to do some work when he was on duty on 13-12-2008 and that he replied that if he wanted him to do his work being urgent, he should talk to his supervisor. He also admitted that his relation with Shri Mangaldas was cordial at that time and even
today. It is also not his case nor is it proved that Shri Mangaldas has filed a false case against him. The evidence of Shri Mangaldas is very clear on the aspect of abusing him with words 'beshmar, beshmar' and challenging his authority as supervisor in the company in the presence of other
workmen, whose behavior is improper and disorderly and there is nothing brought on record in the cross examination to disbelieve said Mangaldas Dessai and Kenneth De Souza, who also deposed on the said incident. The complaint at Exh. 27 against Party I was also lodged on the same day of incident without any delay. The Party II therefore has sufficiently proved misconduct against Party I. In short, there is compliance of principles of natural justice; the action of Party II neither amounts to unfair labour practice nor victimization. The punishment awarded in the instant case considering the offence is also not disproportionate to the misconduct committed by OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 16TH AUGUST, 2018 Party I as discipline is of paramount importance in functioning of affairs of the company and therefore, in above facts and circumstances of the case, the Party I workman is not entitled to any relief as prayed for, on the contrary, the reference deserves to be rejected. Hence, above issues are answered accordingly.
20. In the result, I pass the following:
ORDER
i. It is hereby held that the action of M.R.F. Ltd., Tisk, Usgao, Goa, in suspending Shri Johnny Vaz, Machinist, for two days without wages by way of punishment, is legal and justified.
ii. No order as to costs.
iii. Inform the Government accordingly.
Sd/-
(Vincent D'Silva), Presiding Officer, Industrial Tribunal and Labour Court.
________
And therefore, the Labour Department/Office of
the Commissioner, Labour and Employment, Government of Goa is pleased to eliminate in entirely the process of physically submitting applications and or processing and or payments related to these services. The list of all the services which would be transacted by online mode is
mentioned in the schedule below and which is subject to be updated from time to time by the Labour Department/Office of the Commissioner, Labour and Employment.
SCHEDULE
List of services delivered exclusively online
Sr. Name of the service No.
1 2
1. Registration and Renewal under the Goa, Daman and Diu Shops and Establishment Act, 1973 and the Rules, 1975.
2. Registration for Principal Employers under the
provisions of the Contract Labour (Regulation & Abolition) Act, 1970 and the Rules, 1972.
Notification
No. 24/27/2018-LAB/504
The Labour Department/Office of the Commissioner, Labour and Employment, Government of Goa, has launched a number of online services in respect of different Labour Acts, under Business Reforms Action Plan, 2016 and in furtherance of the commitment for delivery of services within stipulated time frame under the Goa (Rights of Citizens to Time-Bound Delivery of Public Services) Act, 2013 (Goa Act 19 of 2013).
And whereas, the Labour Department/Office of the Commissioner, Labour and Employment is committed to ensure that the applications under all Labour Acts, related to Registration/Renewals/ Amendments are submitted online only, thereby eliminating the process of manual applications and/or payment of prescribed fees under said Labour Acts. Further the Forms prescribed under the below mentioned Acts and Rules shall be deemed to have been amended to that extent.
And whereas, the Labour Department/Office of the Commissioner, Labour and Employment/after careful consideration has already introduced the process of online registration/renewals and also payment of fees prescribed for various services with effect from 3rd January, 2018 through Goa Online Portal.
3. Licence and Renewal of Licence for contractors under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and Rules, 1972.
4. Registration for Principal Employers under the provisions of the Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 and Rules, 1982.
5. Licence and Renewal of Licence for contractors under the provisions of Inter-State Migrant
(Regulation of Employment & Conditions of Service) Act, 1979 and Rules, 1982.
6. Registration and Renewal under the provisions of Motor Transport Workers Act, 1961 and Rules, 1966.
7. Registration of Employers under the Building
and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and Rules, 2008.
By order and in the name of the Governor of
Goa.
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 07th August, 2018.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 16TH AUGUST, 2018Department of Personnel
__
Order
No. 6/78/2011-PER/PF-I/2517
Read: 6/9/2009-PER(Part I)/2242 dated 16-07-2018.
Approval of the Competent Authority is accorded to draw the salary of the following Senior Scale Officers of Goa Civil Service as indicated against their names in column (3) with effect from their date of joining in pursuance to the order read in preamble:
Sr. Name of the Designation Against which salary No. officer
to be drawn
1. Shri Damodar S. Morajkar Administrator, Sanjivani Leave & Training Reserve.
Sakhar Kharkhana
2. Shri Parag Nagorcekar State Project Director, Goa Leave & Training Reserve.
Samagra Shiksha Abhiyan
3. Pravin Barad Awaiting posting Leave & Training Reserve.
Harish N. Adconkar, Under Secretary (Personnel-I).
Porvorim, 07th August, 2018.
———uuu———
Department of Power
Department of Public Health __
Order
Office of the Chief Electrical Engineer __
No. 21/11/2013-I/PHD/2063
Addendum
No. CEE/Estt-31-25-88/GPSC/Part/1682
Read: Order No. CEE/Estt-31-25-88/GPSC/Part/
/827 dated 01-06-2018.
In the above order, the following para may be
added.
"The above officiating posting in the post of Executive Engineer (Elect.), will not bestow on above officer, any claim for regular appointment and services tendered by above officer on officiating
basis as Executive Engineer (Elect.) shall not be counted for the purpose of seniority in the grade or eligibility for promotion to the post of Executive Engineer (Elect.)".
2. All other contents of the order remained
unchanged.
By order and in the name of the Governor of
Goa.
Read: Government Order No. 21/11/2013-I/PHD
dated 29-12-2017.
Government is pleased to accept the notice of voluntary retirement dated 31-07-2017 tendered by Kum. Maria Helena Castro, Lecturer in Nursing, Institute of Nursing Education under Directorate of Health Services under Rule 48-A of CCS (Pension) Rules, 1972 and to relieve her from the post of Lecturer in Nursing, Institute of Nursing Education under Directorate of Health Services with effect from 01-01-2018 (f.n.).
This issues in supersession of Order No. 21/11/
/2013-I/PHD dated 29-12-2017.
By order and in the name of the Governor of
Goa.
Maria Seomara De Souza, Under Secretary
(Health-II).
Porvorim, 7th August, 2018.
________
Order
N. Neelakanta Reddy, Chief Electrical Engineer
& ex officio Addl. Secretary.
Panaji, 13th August, 2018.
No. 4/21/2009-II/PHD/3247
Read: Memorandum No. 4/21/2009-II/PHD dated
11-07-2018.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 16TH AUGUST, 2018On the recommendation of the Goa Public Service Commission as conveyed vide their letter No. COM/I/5/30(6)/2018/127 dated 19-06-2018, Government is pleased to appoint Dr. Archan Devidas Naik to the post of Lecturer in the Department of E.N.T. in Goa Medical College & Hospital, Bambolim-Goa on temporary basis in the Level-11 of Pay Matrix [Pay Band-3, Rs. 15,600- 39,100+Grade Pay of Rs. 6,600/- (pre-revised)] with immediate effect and as per the terms and conditions contained in the Memorandum cited above.
Dr. Archan Devidas Naik shall be on probation for a period of two years.
Dr. Archan Devidas Naik has been declared medically fit by the Medical Board.
The appointment is made subject to the verification of his character and antecedents. In the event of any adverse remarks noticed by the Government on verification of his character and antecedents, his services shall be terminated.
The appointment is made against the vacancy occurred due to promotion of Dr. Markandeya Tiwari, Lecturer to the post of Assistant Professor, Department of ENT, Goa Medical College vide Order No. 4/21/2009-II/PHD dated 23-02-2018.
By order and in the name of the Governor of Goa.
Trupti B. Manerkar, Under Secretary (Health).
Porvorim, 9th August, 2018.
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Department of Public Works
Office of the Principal Chief Engineer
__
Order
No. 64/05/2018/PCE-PWD-ADM-II/78
Approval of the Government is hereby conveyed for extension of deputation period in respect of the below mentioned Executive Engineer, Assistant Engineer of this Department, presently posted in Sewerage & Infrastructure Development Corporation Ltd. on deputation for the period shown against their names in column No. (6) below on the terms and condition contained in O.M. No. 13/4/74/PER dated 12-2-1999 of the Department of Personnel, Government of Goa, Secretariat, Panaji as amended from time to time.
Sr. Name of the Engineer Place of deputation on Date of Total period Period of No. & designation transfer transfer on of deputation deputation
1 2
deputation completed extended
3 4 5 6
1. Shri Arvind Karmadi, Sewerage & Infrastructural 18-06-2013 4 yrs. 01-08-2017 to Executive Engineer Development Corporation of
Goa Ltd., Panaji
31-07-2018.
2. Shri Gakesh H. Kodleker, Sewerage & Infrastructural 14-12-2012 4 yrs. 01-08-2017 to Assistant Engineer Development Corporation
of Goa Ltd., Panaji
31-07-2018.
3. Shri Pradeep L. Gaude, Sewerage & Infrastructural 13-05-2015 2 yrs. 01-08-2017 to Assistant Engineer Development Corporation
of Goa Ltd., Panaji
31-07-2018.
By order and in the name of the Governor of Goa.
U. P. Parsekar, Principal Chief Engineer & ex officio Addl. Secretary (PWD).
Panaji, 8th August, 2018.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 16TH AUGUST, 2018Department of Women & Child Development
Directorate of Women & Child Development
__
Order
No. 4/3/2015/W&CD/Part I/5136
On the recommendation of Goa Public Service Commission conveyed vide their letter No. COM/II/11/ /59(1)/2018/128 dated 22-06-2018, Government is pleased to promote following Mukhya Sevikas to the post of Social Welfare Officer/Chief Development Project Officer (Group 'B' Gazetted) on regular basis in the pay scale of Rs. 9,300-34,800+Grade Pay of Rs. 4,200/- (Level-6 of the VIIth Pay Commission) with effect from the date of taking over the charge of the post and posted them as follows:-
Sr. Name and designation Category Posting on promotion No.
1. Smt. Sita Maria P. (Barreto) General Child Development Project Officer, WCD Block Office Rebello, Mukhya Sevika Salcete against vacant post thereby relieving Kum. Shaila Naik, CDPO, WCD Block Office Dharbandora of additional charge of WCD Block Office Salcete.
2. Smt. Chaya Kadkade General Child Development Project Officer, WCD Block Office @ Melchior, Pernem against vacant post thereby relieving Smt. Vijaya Mukhya Sevika Vernekar, CDPO, WCD Block Office Bardez of additional
charge of WCD Block Office Pernem.
The newly promoted officers shall be on probation period of two years, they should exercise an option for fixation of pay under F.R.(22) (1)(a)(1) within one month from the date of promotion.
The expenditure in respect of above post shall be debited to the Budget head of Account "2235–Social Security & Welfare; 02–Social Welfare; 102–Child Welfare; 03–Integrated Child Development Project Scheme including Health cover (Plan) (A); 01–Salaries."
By order and in the name of the Governor of Goa.
Dipak Desai, Director & ex officio Joint Secretary (WCD).
Panaji, 8th August, 2018.
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