Panaji, 16th August, 2018 (Sravana 25, 1940)

SERIES II No. 20

RNI No. GOAENG/2002/6410

Reg. No. G-2/RNP/GOA/32/2018-20

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

425

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

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

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.

Department of Co-operation

Office of the Registrar of Co-operative Societies &

ex officio Joint Secretary

Order

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

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, 2018

426

The 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

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

Directorate of Higher Education

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

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

Mathematics

2. Professor Emeritus/

Level 15

/Senior Professor in

Mathematics

Government College of Arts, Science and

Commerce, Quepem-Goa

1. Professor in

Level 14

Mathematics

2. Professor Emeritus/

Level 15

/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

No. 16/4/79/PF/NFS/Arch/DTE/18/1435

Read: Memorandum No. 16/2/25/2001/DTE/Vol. II/

/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

427

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.

________

Order

No. 8/1/66/SBG/PF/DTE/2018/1436

Read: Memorandum No. 8/34/86/EDN/Vol.IV/144

dated 13-04-2018.

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

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.

confirmation

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, 2018

428

Dr. C. S. Gokhale

Assistant Professor in Civil Engineering

26-01-1996.

Dr. K. G. Guptha

Assistant Professor in Civil Engineering

26-01-1996.

Shri A. K. S. Bhadauria

Assistant Professor in Environmental Sc.

03-02-1996.

Dr. V. N. Shet

Assistant Professor in Electronics and

14-05-1997.

Telecommunication Engineering

Smt. Madhumita Tamhane

Assistant Professor in Electronics and Telecommuni-

19-11-1997.

cation Engineering

Shri V. K. Joseph

Assistant Professor in Electrical Engineering

12-03-1998.

Shri J. A. Laxminarayana

Assistant Professor in Computer Engineering

30-07-1999.

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

429

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

Dr. Adlete A. A. Mascarenhas

Lecturer in Chemistry

07-11-2006.

Smt. Minaz Bi Sheikh

Lecturer in Maths

30-11-2006.

Smt. Natasha D’Souza

Lecturer in Economics

01-12-2006.

Shri Vijay Menino Jesus Borges

Lecturer in Information Technology

17-08-2006.

Shri Jayeshkumar G. Priolkar

Lecturer in Electrical Engineering

14-11-2006.

Ms. Manisha B. Naik Gaonkar

Lecturer in Computer Engineering

30-10-2006.

Shri Gajanan Shanker Gawde

Lecturer in Computer Engineering

18-08-2006.

Shri Chetan K. Desai

Lecturer in Electronics & Telecommunication

05-10-2006.

Engineering

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, 2018

430

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.

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

Shri Anand Jadhav, ACF

ACF (Wildlife & Eco-Tourism),

SDFO, Ponda, thereby relieving

South, Margao

Shri A. G. Samant, ACF of

additional charge.

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.

———uuu———

Department of Industries

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.

Department of Labour

Notification

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, 2018

431

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Mr. Vincent D’Silva, Hon’ble Presiding

Officer)

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

to adamant attitude of the management. The action

of Party II is illegal and unjustified. Hence, the

reference.

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

432

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 Party 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:

………………..

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, 2018

433

13. 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.

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.

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

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.

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

16TH AUGUST, 2018

434

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

435

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.

________

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.

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.

Registration and Renewal under the Goa,

Daman and Diu Shops and Establishment Act,

1973 and the Rules, 1975.

Registration for Principal Employers under the

provisions of the Contract Labour (Regulation

& Abolition) Act, 1970 and the Rules, 1972.

Licence and Renewal of Licence for contractors

under the provisions of the Contract Labour

(Regulation and Abolition) Act, 1970 and

Rules, 1972.

Registration for Principal Employers under the

provisions of the Inter-State Migrant Workmen

(Regulation of Employment & Conditions of

Service) Act, 1979 and Rules, 1982.

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.

Registration and Renewal under the provisions

of Motor Transport Workers Act, 1961 and

Rules, 1966.

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, 2018

436

Department 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

Shri Damodar S. Morajkar

Administrator, Sanjivani

Leave & Training Reserve.

Sakhar Kharkhana

Shri Parag Nagorcekar

State Project Director, Goa

Leave & Training Reserve.

Samagra Shiksha Abhiyan

Pravin Barad

Awaiting posting

Leave & Training Reserve.

Harish N. Adconkar, Under Secretary (Personnel-I).

Porvorim, 07th August, 2018.

———uuu———

Department of Power

Office of the Chief Electrical Engineer

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.

N. Neelakanta Reddy, Chief Electrical Engineer

& ex officio Addl. Secretary.

Panaji, 13th August, 2018.

Department of Public Health

Order

No. 21/11/2013-I/PHD/2063

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

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, 2018

437

On 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.

———uuu———

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

completed

extended

Shri Arvind Karmadi,

Sewerage & Infrastructural

18-06-2013

4 yrs.

01-08-2017 to

Executive Engineer

Development Corporation of

31-07-2018.

Goa Ltd., Panaji

Shri Gakesh H. Kodleker,

Sewerage & Infrastructural

14-12-2012

4 yrs.

01-08-2017 to

Assistant Engineer

Development Corporation

31-07-2018.

of Goa Ltd., Panaji

Shri Pradeep L. Gaude,

Sewerage & Infrastructural

13-05-2015

2 yrs.

01-08-2017 to

Assistant Engineer

Development Corporation

31-07-2018.

of Goa Ltd., Panaji

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, 2018

438

www.goaprintingpress.gov.in

Published and Printed by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE–Rs. 14.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—154/150–08/2018.

Department 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