Panaji, 13th December, 2018 (Agrahayana 22, 1940)

SERIES II No. 37

RNI No. GOAENG/2002/6410

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

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

675

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

__

Relieving Order

No. 8/121/2018-19/Dep-ATMA/D.Agri/257

Read: Order No. 8/121/2017-18/Dep-ATMA/

/D.Agri/185 dated 24-09-2016.

In pursuance to above referred order, the below

mentioned officers stands relieved from their

concerned offices w.e.f. 28-09-2018 (a.n.).

Sr.

Name of

Present

Place of posting

No. the officer

designation

on repatriation

on deputation

1. Shri C. B.

Dy. Director

Assistant Director

Perni

(SAMETI-Goa)

of Agriculture

(P&E), Directorate

of Agriculture,

Tonca-Caranzalem.

2. Shri Sanjeev

Project

Assistant Director

Mayekar

Director

of Agriculture

(ATMA-North) (Hort.), Directorate

of Agriculture,

Tonca-Caranzalem

by relieving the

link officer from

the additional

charge.

By order and in the name of the Governor

of Goa.

Nelson X. Figueiredo, Director & ex officio Joint

Secretary (Agriculture).

Tonca-Caranzalem, 30th November, 2018.

Department of Civil Supplies and

Consumer Affairs

—

Order

No. DCS/ENF/DSB-24/18-19/262

The Government of Goa is pleased to constitute

a ‘Monitoring Committee’ comprising of following

Members to assist the State Government as

Monitoring Mechanism to supervise the activities

of Direct Selling:-

i) Director, Civil Supplies and

— Chairman.

Consumer Affairs

ii) Representative of Commercial — Member.

Taxes

iii) Representative of Industries,

— Member.

Trade & Commerce

iv) Controller of Legal Metrology — Member.

v) Director, Food & Drugs

— Member.

Administration

vi) Representative of Police

— Member.

Department

vii) Representative of Economic

— Member.

Offence Cell

viii) Representative of Registrar

— Member.

of Companies

ix) Asst. Registrar of Co-operative — Member.

Societies

x) Co-ordinator GOACAN, NGO

— Member.

The above Committee will assist the Department

of Civil Supplies and Consumer Affairs to monitor/

/supervise the activities of Direct Sellers, Direct

Selling Entity regarding compliance of the

guidelines for Direct Selling.

This issue with the approval of the Government.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 37

13TH DECEMBER, 2018

676

This order supersedes the earlier Order No. DCS/

/ENF/DSB-24/2017-18/546 dated 21st March, 2018

published in the Official Gazette, Series II No. 52

dated 29th March, 2018.

By order and in the name of the Governor of

Goa.

Sandhya Kamat, Director & ex officio Joint

Secretary (Civil Supplies & Consumer Affairs).

Panaji, 30th November, 2018.

———uuu———

Department of Co-operation

Office of the Registrar of Co-operative Societies

__

Order

No. 4-17-10-12/NZ/Vol.I/RCS/3503

Read: 1) Letter No. 14-115-00-TS/LQD-VOL.I/NZ/

/925 dated 25-09-2017 from the Asstt.

Registrar of Co-operative Societies,

North Zone, Mapusa.

2) This office letter No. 73-1-2005/TS/RCS/

/2925 dated 25-10-2017.

3) Letter No. 7/17/17/ADT/427 dated

13-06-2018 from the Asstt. Registrar of

Co-operative Societies, North Zone,

Mapusa.

The Government is pleased to exempt the

“Alabhya Co-operative Housing Society Ltd.,”

Thivim, Bardez-Goa, from the provisions of Section

99 of the Goa Co-operative Societies Act, 2001 by

invoking provisions of Section 126 A of the said

Act, with retrospective effect. The Liquidator shall

finalize the liquidation proceedings of the said

society within a period of one year from the date

of issue of this order.

By order and in the name of the Governor of

Goa.

Sanjiv M. Gadkar, Registrar & ex officio Addl.

Secretary (Co-operative Societies).

Panaji, 10th December, 2018.

———uuu———

Department of Education, Art & Culture

Directorate of Education

__

Order

No. 1(1)-5-2009/SE/Part/829

Government is pleased to re-employ Shri

Mathurdas V. Naik, Headmaster of Government

High School, Betoda, Ponda (due to retire on

superannuation w.e.f. 31-11-2018 (a.n.) beyond

superannuation w.e.f. 01-12-2018 to 30-04-2019 in

the same post under the Directorate of Education,

in terms of proviso to sub-rule-1 of Rule 88 of the

Goa School Education Rules, 1986 and in terms of

Clause (h) under sub-rule-2 of Rule 162 of the Goa

School Education Rules, 1986.

On re-employment, he stands posted in

Government High School, Betoda, Ponda-Goa where

he is presently working.

He has been declared medically, physically and

mentally fit by the Medical Board, Hospicio

Hospital, Margao-Goa for the post of Headmaster,

retiring on superannuation on (30-11-2018)

re-employment in service beyond superannuation

till 30-04-2019 (i.e. end of academic year 2018-19)

as certified by the Medical Superintendent/

/Dy. Director, Hospicio Hospital, Margao vide

Medical Fitness Certificate No. HH/EST/MFC/2018-

-19/3660 dated 2-8-2018.

His pay and allowances shall be fixed in terms

of Central Civil Services (Fixation of Pay of

Re-employed Pensioners) Orders, 1986.

By order and in the name of the Governor of

Goa.

Gajanan P. Bhat, Director & ex officio Joint

Secretary (Education).

Porvorim, 7th November, 2018.

———u———

Directorate of Technical Education

__

Order

No. DTE/CAD/RTI/2018/2549

The undersigned is pleased to designate the

below mentioned officials as State Public

Information Officer and State Assistant Public

Information Officer at Goa College of Art, Panaji, as

per provision of Sec. 5 of Right to Information

Act, 2005.

Sr.

Name of the officer

Designation

No.

1. Shri Wilfred Goes,

State Public Information

Asstt. Prof. in

Officer.

Applied Art Dept.

2. Shri Sameer Govekar,

State Assistant Public

Asstt. Prof. in

Information Officer.

Applied Art Dept.

This order supersedes all earlier orders regarding

the appointment of PIO, APIO at Goa College of

Art.

Vivek B. Kamat, Director (Technical Education).

Porvorim, 6th December, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 37

13TH DECEMBER, 2018

677

Directorate of Technical Education

College Section

__

Order

No. 16/150/Confirmation/GEC/04/P.F.II/2501

On the recommendations of the Goa Public Service Commission as conveyed vide their letters

No. COM/II/12/18(1)/2013/261, No. COM/II/12/18(1)/2014/262, No. COM/II/12/18(1)/2018/263 dated

07-11-2018, 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 faculty

Designation

Date of completion

No.

of probation

period

1

2

3

4

1. Shri Krishnasetty Govindraja

Professor in Civil Engineering

12-04-2006.

Guptha

2. Shri Vinay Amrut Shirodkar

Professor in Mechanical Engineering

06-11-2014.

3. Shri Hassanali Gulamali Virani

Professor in Electronics and Telecommuni-

31-07-2015.

cation Engineering

4. Shri Purnanand Pundalik

Professor in Civil Engineering

12-08-2015.

Savoikar

5. Shri Akshay Vithal Nigalye

Professor in Mechanical Engineering

13-08-2015.

6. Shri Suraj Surendra Rane

Professor in Mechanical Engineering

10-09-2015.

7. Shri Ulhas Ganapati Sawaiker

Professor in Civil Engineering

24-09-2015.

8. Shri Nitesh Bhicu Guinde

Associate Professor in Electronics and

17-08-2015.

Telecommunication Engineering

9. Shri Shridhar Datta Mhalsekar

Associate Professor in Mechanical

05-04-2016.

Engineering

10. Kum. Smita Sadanand Aldonkar

Assistant Professor in Civil Engineering

11-08-2015.

11. Kum. Ashmita Ashok Kerkar

Assistant Professor in Science and

17-08-2015.

Humanities (Economics)

12. Smt. Deepali Madhukar Raikar

Assistant Professor in Information Technology

21-09-2015.

13. Smt. Siddhi Pradeep Naik

Assistant Professor in Information Technology

21-09-2015.

14. Shri Mario Pinto

Assistant Professor in Information Technology

30-09-2015.

15. Kum. Megha Gajanan Nayak

Assistant Professor in Information Technology

12-10-2015.

16. Kum. Nadine Amalia Dias

Assistant Professor in Information Technology

20-10-2015.

17. Shri Amogh Ajit Sanzgiri

Assistant Professor in Information Technology

23-10-2015.

18. Smt. Soniya Shakil Usgaonkar

Assistant Professor in Information Technology

23-10-2015.

19. Kum. Purti Raghuveer

Assistant Professor in Electronics & Telecommuni-

26-10-2015.

Savardekar

cation Engineering

20. Shri Sangam Prafulla Borkar

Assistant Professor in Electronics & Telecommuni- 29-10-2015.

cation Engineering

21. Kum. Melina Maria Afonso

Assistant Professor in Computer Engineering

02-11-2015.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 37

13TH DECEMBER, 2018

678

22. Kum. Palhavi Pandharinath

Assistant Professor in Electronics & Telecommuni-

03-11-2015.

Kerkar

cation Engineering

23. Kum. Sherica Lavinia Menezes

Assistant Professor in Computer Engineering

04-11-2015.

24. Kum. Geeta Suresh Shet

Assistant Professor in Electronics & Telecommuni-

09-11-2015.

cation Engineering

25. Shri Devendra Gajanan Sutar

Assistant Professor in Electronics & Telecommuni-

12-11-2015.

cation Engineering

26. Kum. Ankita Ashok Kanekar

Assistant Professor in Electrical & Electronics

09-11-2015.

Engineering

27. Kum. Shruti Gurudas Naik

Assistant Professor in Computer Engineering

24-11-2015.

28. Shri Amit Pundalik Patil

Assistant Professor in Computer Engineering

27-11-2015.

29. Shri Teslin Jacob

Assistant Professor in Computer Engineering

25-12-2015.

30. Smt. Kavita Sanjay Asnani

Assistant Professor in Computer Engineering

29-12-2015.

31. Shri Harichandra Uttam

Assistant Professor in Mechanical Engineering

04-05-2016.

Chandekar

By order and in the name of the Governor of Goa.

Vivek B. Kamat, Director & ex officio Addl. Secretary (Technical Education).

Porvorim, 29th November, 2018.

———u———

1

2

3

4

Office of the Returning Officer, Goa Board of

Secondary and Higher Secondary Education

__

Notification

No. GBSHSE/IT/BRD-ELE/2017-2021/1668

In pursuance of sub-rule (2) of Rule 7 of the

Goa, Daman and Diu Secondary and Higher

Secondary Education Board Members Election

Procedure Rules, 1979, I, Shri Ruildo Souza, the

Returning Officer hereby appoint the date, hours

and place for the following stages of election of

members referred to in Clauses (iii) under “Class

B-Elected Members”, of sub-section (1) of Section

12 of the Goa, Daman and Diu Secondary and

Higher Secondary Education Board Act, 1975 (Act

13 of 1975), as follows:-

(a) Nomination of candidates:-

On 8th of January, 2019 (Tuesday) from

10.00 a.m. to 01.00 p.m. and 02.00 p.m. to

04.00 p.m.

Place:- Office of the Goa Board of

Secondary and Higher Secondary

Education, Alto Betim, Goa.

(b) Scrutiny of Nominations:-

On 9th of January, 2019 (Wednesday) from

09.30 a.m. to 01.00 p.m.

Place:- Office of the Goa Board of

Secondary and Higher Secondary

Education, Alto Betim, Goa.

(c) Withdrawal of candidature:-

On 11th of January, 2019 (Friday) from

10.00 a.m. to 01.00 p.m.

Place:- Office of the Goa Board of

Secondary and Higher Secondary

Education, Alto Betim, Goa.

(d) Record of Votes:-

The recording of votes for category III (a)

(South Goa) shall be on Friday, 18th

January, 2019 from 10.00 a.m. to 04.00 p.m.

at South Education Zone, Margao-Goa.

(e) Counting of Votes:-

On 22nd of January, 2019 (Tuesday) from

10.30 a.m. onwards.

Place:- Office of the Goa Board of

Secondary and Higher Secondary

Education, Alto Betim, Goa.

Shri Ruildo Souza, Returning Officer.

Alto Betim, 10th December, 2018.

V. No. A-1853/2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 37

13TH DECEMBER, 2018

679

Department of Labour

—

Order

No. 28/28/2018-LAB/757

Whereas the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. Sun Pharmaceuticals

Industries Limited, Madkaim Industrial Estate,

Madkaim, Goa, and it’s workmen represented

by the Ranbaxy Workers Union, in respect of

the matter specified in the Schedule hereto

(hereinafter referred to as the “said dispute”);

And whereas the Government of Goa considers

it expedient to refer the said dispute for

adjudication.

Now, therefore, in exercise of the powers

conferred by Clause (d) of sub-section (1) of Section

10 of the Industrial Disputes Act, 1947 (Central

Act 14 of 1947) (hereinafter referred to as the “said

Act”), the Government of Goa hereby refers the

said dispute for adjudication to the Industrial

Tribunal of Goa at Panaji-Goa, constituted under

Section 7A of the said Act.

SCHEDULE

“(1) Whether the demand of the Ranbaxy Workers

Union to pay bonus as per the provisions of

the payment of Bonus Act, 1965 (Central Act

No. 21 of 1965), as amended by the Payment

of Bonus (Amendment) Act, 2015 (Central Act

No. 6 of 2016), to all the employees for the

accounting year 2016-2017 is justified?

(2) If the answer to issue No. (1) above is in the

negative, then, to what relief the workmen

are entitled?”.

By order and in the name of the Governor of

Goa.

Neetal P. Amonkar, Under Secretary (Labour).

Porvorim, 28th November, 2018.

________

Order

No. 28/20/2018-LAB/758

Whereas, the Government of Goa is of the

opinion that an industrial dispute exists between

the management of M/s Tulip Diagnostics (P)

Limited, Verna Industrial Estate, Verna, Goa, and

it’s workmen, represented by the Gomantak

Mazdoor Sangh, in respect of the matter specified

in the Schedule hereto (hereinafter referred to as

the “said dispute”);

And whereas, the Government of Goa considers

it expedient to refer the said dispute for

adjudication.

Now, therefore, in exercise of the powers

conferred by clause (d) of sub-section (1) of

Section 10 of the Industrial Disputes Act, 1947

(Central Act 14 of 1947) (hereinafter referred to as

the “said Act”), the Government of Goa hereby

refers the said dispute for adjudication to the

Industrial Tribunal of Goa, at Panaji-Goa,

constituted under Section 7-A of the said Act.

SCHEDULE

“(1) Whether the action of the management of

M/s Tulip Diagnostics (P) Limited, Verna

Industrial Estate, Verna, Goa, in transferring

the workmen S/Shri Vishwanth Madkaikar,

Ankush Naik, Vishwas Gaude and Sandesh

Rane, Production Assistants’ to M/s Zephyr

Biomedical, Verna Industrial Estate, Verna,

Goa, with effect from 24-10-2017, is legal and

justified?”

(2) If not, to what relief the workmen are

entitled?”.

By order and in the name of the Governor of

Goa.

Neetal P. Amonkar, Under Secretary (Labour).

Porvorim, 29th November, 2018.

________

Notification

No. 28/3/2018-LAB/Part-I/765

The following award passed by the Labour

Court-II, at Panaji-Goa on 15-10-2018 in reference

No. LC-II/IT/05/2016 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.

Neetal P. Amonkar, Under Secretary (Labour).

Porvorim, 28th November, 2018.

______

LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. LC-II/IT/05/2016

Shri Crispino Marcello,

R/o. H. No. 953,

Bamon Bhatt,

Merces, Goa.

… Workman/Party I

V/s

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 37

13TH DECEMBER, 2018

680

M/s. Herald Publications

Pvt. Ltd.,

1st floor, Campal Trade Centre,

Panaji-Goa.

… Employer/Party II

Workman/Party I represented by Adv. Shri P. J.

Kamat.

Employer/Party II represented by Adv. Shri P.

Chawdikar.

Panaji, Dated: 15-10-2018.

AWARD

1. In exercise of the powers conferred by Clause

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

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

Government of Goa, by Order dated 23-02-2016,

bearing No. 28/15/2015-LAB/132, referred the

following dispute for adjudication to this Labour

Court II, Panaji-Goa.

“(1) Whether Shri Crispino Marcelo is a non-

journalist newspaper employee under the

Working Journalists and Other Newspaper

Employees (Conditions of Service) and

Miscellaneous Provisions Act, 1955 (Central

Act 45 of 1955).

(2) Whether Shri Crispino Marcelo is entitled to

the benefits under the Justice Majithia Wage

Board Award dated 31-10-2010 and accepted

by the Government of India by order dated

11-11-2011?

(3) What relief?

2. On receipt of the reference, a case was

registered under No. LC-II/IT/05/16 and registered

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

to the said notice, the Parties put in their

appearance. The Workman/Party-I (for short

‘Workman’), filed his statement of claim on

30-06-2016 at Exb-4. The facts of the case in brief

as pleaded by the Workman are that by his

application dated 03-11-2014 addressed to

Secretary, Ministry of Labour and Employment,

Secretariat, Panaji as well as Commissioner, Labour

& Employment, Government of Goa, Panaji-Goa for

recovery of the amount due to him under the Justice

Majithia Award (for short, said Award) u/s 17 of the

Working Journalist and Other Newspaper

Employees

(Conditions

of

Service)

and

Miscellaneous Provisions Act, 1955 (for short, the

said Act). He stated that in the said application, he

has also prayed that if any questions are raised by

the Employer/Party II (for short, ‘Employer’) as to

the amount due to him under the said Act, the said

disputed question may be referred to this Hon’ble

Court constituted under the Industrial Disputes

Act, 1947. He stated that during the course of

hearing before the Commissioner, Labour &

Employment, Panaji, Goa, the Employer disputed

the claim and as such the Appropriate Government

has referred the present dispute to this Hon’ble

Court.

3. He stated that he was working as a

‘Non-Journalist Newspaper Employee’ with the

Employer. He stated that he had joined the

Employer on 01-10-1988 and was confirmed in the

services w.e.f. 01-11-1990. He stated that he was

promoted to the post of Accounts Assistant (Advt.)

from 01-10-2000. He stated that upon his promotion

to the post of Accounts Assistant, he had been

given a graded scale of pay of Rs.1500-65-1825-75-

-2200-85-2540-95-2900 and fitted his basic pay at

Rs. 1825/- and was granted all other allowances as

applicable under the Bachawat Award. He stated

thathe was further promoted to the post of

‘Recovery Officer’ w.e.f. 01-12-2007, vide letter of

the Employer dated 26-11-2007. He stated that he

was fitted at basic pay of Rs. 7835/- in the grade

scale of Rs. 5350-160-6470-195-7835-235-9245 of

Manisana Wage Board Award. He stated that he

was also paid arrears arising out of the said

Manisana Wage Board Award. He stated that he

was thereafter promoted to the post of ‘Asstt. Advt.

Manager’ w.e.f. January, 2011 vide letter of the

Employer dated 18-11-2010. He stated that he was

confirmed in the same scale of pay of the Manisana

Wage Board Award. He stated that he was however

granted an increment of Rs. 3000/- in his

conveyance allowance. He stated that even after

his promotion as stated above, all other terms and

conditions of the employment as stated in his

original service contract remained unchanged. He

stated that though he was promoted as Recovery

Officer w.e.f. 01-12-2007 and as Asstt.

Advt. Manager (Recovery) from 01-01-2011, he

continued to do the same work of Account

Assistant (Advt.) and was entrusted with the work

of recovery of advertisement money from the

agency, through whom the advertisements were

booked. He stated that he had no authority of

whatsoever nature in the matter of administration,

management or supervision of the work or the

employees. He stated that his duties were mainly

of clerical in nature. He stated that he was a

non-journalist newspaper employee as defined

u/s 2 (dd) of the said Act and as such was covered

under the various wage board awards constituted

by the Government of India for working journalists

and non-journalists newspaper employees as

defined under the said Act. He stated that he being

a non-journalist newspaper employee was covered

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 37

13TH DECEMBER, 2018

681

under the Bachawat Award, Manisana Singh Award

and Justice Majithia Award and was granted the

scale of pay besides dearness allowance, HRA and

compensatory allowance as applicable to him from

time to time under the Bachawat and Manisana

Singh Award. He stated that he resigned from the

services of the Employer w.e.f. 31-10-2013.

4. He stated that the Government of India, in

exercise of the powers conferred by Section 9 of

the said Act had constituted a wage board for the

purpose of fixing and revising rates of wages in

respect of working journalist and non-journalist

newspaper employees and news agency employees

vide notification dated 24-05-2007 which is known

as Justice Majithia Wage Board. He stated that

during the pendency of the adjudication, the

Government of India, vide notification dated

24-10-2008 had declared 30% of the basic wages as

interim relief for journalist and non-journalist

newspaper employees w.e.f. 08-01-2008. He stated

that he being a non-journalist newspaper employee

and as per the said notification, he is entitled for

30% of the basic wages as interim relief w.e.f.

08-01-2008. He stated that as per the calculations

the said 30% of interim relief comes to Rs. 1,13,810/-.

He stated that Justice Majithia had submitted the

recommendations to the Central Government on

31-10-2010, which has been accepted by the

Government of India, vide SO No. 2532 (E) dated

11-11-2011 and directed to pay the arrears

accordingly from 11-11-2011. He stated that the

Employer has however, did not implement the said

award. He stated that he wrote a letter dated

08-05-2014 to the Employer to pay the arrears arising

out of the said Award and also other payments due

to him. He stated that the Employer has however

failed to pay the arrears of interim relief, the arrears

of Justice Majithia Wage Board Award

recommendations, gratuity and leave encashment

etc. He stated that as on the date of acceptance of

his resignation on 31-10-2014, he had the balance

leave of 6 days and he is entitled for the encashment

of the said leave. He stated that the value of the

said leave in terms of money is Rs. 32,244.27. He

stated that the total amount of dues payable to

him are Rs. 3,08,762.19. The Workman therefore

prayed to decide the issue referred to this court

and the Employer be directed to pay to him the

said amount of Rs. 3,08,762.19 alongwith interest

@12% p.a. from the date of application to the

Appropriate Government till its actual payment

with costs.

5. The Employer resisted the aforesaid claim of

the Workman by filing its written statement on

20-09-2016 at Exb. 5. The Employer, as and by way

of its preliminary objections, submitted that neither

the Party I is a ‘workman’ as defined u/s 2 (s) of the

I.D. Act nor the dispute referred is an ‘industrial

dispute’ as defined u/s 2 (k) of the I.D. Act, 1947

and as such the present reference is not

maintainable, that the claim of the Party I is not

based on an admitted right and that there is non-

application of mind by the Appropriate

Government while referring the present dispute.

The Employer stated that the Party I had filed an

application u/s 33-C (2) of the I.D. Act, 1947 and

the same has been withdrawn for the reasons best

known to him. The Employer stated that the Party

I has raised the present dispute with false and

fabricated grounds with malafide intentions. The

Employer stated that the Party I is in habit of filing

false and fabricated claims against them with

ulterior motive.

6. The Employer stated that the Party I was lastly

designated as “Asstt. Manager–Advt. (Recovery)

and his primary duty was to interact with its

various agencies, clients, customers and to recover

the dues pending from them on their behalf. The

Employer stated that however, till date the

payments and its dues remained to be recovered

on account of the lapses on the part of the Party I

and as such it has suffered financial losses on

account of the lapses of the Party I. The Employer

stated that during the tenure of service of the

Party I with themselves, he was paid properly as

per his grade and that the benefits of all the awards

applicable to his post were granted to him

alongwith its all other employees.

7. The Employer admitted that the Party I had

joined in its services on 01-10-1988 and was

confirmed in the service w.e.f. 01-11-1990. The

Employer admitted that the Party I was promoted

to the post of ‘Accounts Assistant’ w.e.f. 01-10-2000.

The Employer admitted that the Party I was issued

a letter dated 27-11-2000 confirming his promotion

as Accounts Assistant w.e.f. 01-10-2000. The

Employer admitted that upon his promotion, he

was given the graded scale of pay of Rs. 1500-65-

-1825-75-2200-85-2540-95-2900 and fitted his basic

pay at Rs. 1825/- and was granted all other

allowances as applicable under the Bachawat

Award. The Employer admitted that on 01-12-2007,

the Party I was further promoted to the post of

‘Recovery Officer’. The Employer admitted that the

Party I was further promoted to the post of Recovery

Officer w.e.f. 01-12-2007, vide letter of the Employer

dated 26-11-2007 and he was fitted at basic pay of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 37

13TH DECEMBER, 2018

682

Rs. 7835/- in the grade scale of Rs. 5350-160-6470-

-195-7835-235-9245 of Manisana Wage Board Award

and the Party I was also paid arrears arising out of

the said Manisana Wage Board Award. The

Employer admitted that the Party I was thereafter

promoted to the post of Asstt. Advt. Manager

w.e.f. January, 2011 vide its letter dated 18-11-2010.

The Employer admitted that the Party I was

confirmed in the same scale of pay of the Manisana

Wage Board Award. The Employer admitted that

the Party I was however granted an increment of

Rs. 3000/- in his conveyance allowance. The

Employer further admitted that the Party I worked

in their establishment up to 31-10-2013, when his

resignation came into effect on expiry of one

months’ notice given on 01-10-2013. The Employer

stated that the duties performed by the Party I

were that of supervisory and managerial in nature,

which clearly excludes him from the definition of

Section 2 (s) of the I.D. Act. The Employer admitted

that the Government of India, in exercise of the

powers conferred by Section 9 of the said Act had

constituted a wage board for the purpose of fixing

and revising rates of wages in respect of working

journalist and non-journalist newspaper employees

and news agency employees vide notification dated

24-05-2007 which is known as Justice Manisana

Wage Board. The Employer admitted that during

the pendency of the adjudication, the Government

of India, vide notification dated 24-10-2008 had

declared 30% of the basic wages as interim relief

for journalist and non-journalist newspaper

employees w.e.f. 08-01-2008. The Employer stated

that it has paid all the dues of the Party I and the

same has been accepted by him without any protest

of whatsoever nature and as such the present

dispute raised by the Party I is an afterthought.

The Employer denied the overall case as pleaded

by the Party I and prayed for dismissal of the

present reference.

8. Thereafter, the Workman filed his rejoinder on

10-10-2016 at Exb. 6. The Workman, by way of his

rejoinder, denied each and every statement,

averments and submissions made by the Employer

in its written statements which are contrary and

inconsistent to the statements, averments and a

submission made in his statement of claim and

reiterates his case as pleaded in his statement of

claim. The Workman admitted that he was lastly

designated as Asstt. Manager Advt. (Recovery). He

admitted that for recovery of dues he was required

to contact the various agencies, clients, customers

of the Employer and that he was supposed to

recover the dues of the Employer from various

agencies.

9. Based on the pleadings filed by the respective

parties, this court framed the following issues on

08-11-2016 at Exb. 8.

1. Whether the Workman/Party-I proves that

he is a ‘workman’ within the meaning of

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

2. Whether the Workman/Party-I proves that

he is a non-journalist newspaper employee

under the Working Journalist and Other

Newspaper Employees (Conditions of

Service) and Miscellaneous Provisions Act,

1955 (Central Act 45 of 1955)?

3. Whether the Workman/Party-I is entitled to

the benefits under the Justice Majithia Wage

Board Award dated 31-10-2010 and accepted

by the Government of India by Order dated

11-11-2011?

4. Whether the Workman/Party-I proves

that he is entitled to receive from the

Employer/Party II a sum of Rs. 3,08,762/-

being Rs. 1,13,810/- towards interim relief,

Rs. 1,62,708/- towards difference in wages

as per Justice Majithia Wage Board Award

and Rs. 32,244/- towards leave encashment?

5. Whether the Employer/Party-II proves that

the present order of reference is not

maintainable in view of the reasons stated

in para (a) to (d) of its written statement?

6. What order? What award?

10.

My findings to the aforesaid issues are as

under:

(a) Issue No. 1

: In the Affirmative.

(b) Issue No. 2

: In the Affirmative

(c) Issue No. 3

: In the Affirmative

(d) Issue No. 4

: Partly in the Affirmative

and Partly in the Negative.

(e) Issue No. 5

: In the negative.

(f) Issue No. 6

: As per final order.

I have heard the oral arguments of Ld. Adv.

Shri P. J. Kamat, appearing for the Workman as well

as Ld. Adv. Shri P. Chawdikar, appearing for the

Employer. Ld. Advocates appearing for the

respective parties also chose to file their synopsis

of written arguments respectively. I have carefully

perused the entire records of the present case

including the synopsis of written arguments filed

by the respective parties. I have also carefully

considered the oral submissions advanced by the

Ld. Advocates appearing for the respective parties.

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REASONS

11. Issue No. 1, 2 and 5:

I am deciding the issue No. 1, 2 and 5

simultaneously as all the said issues are co-related

to each other. The burden to prove the issue No. 1

and 2 was cast on the Party I and the issue No. 5

was on the Employer.

The Employer, as and by way of its preliminary

objections submitted that neither the Party I is a

‘workman’ as defined u/s 2 (s) of the I.D. Act, 1947

nor the claim of the Party I is an ‘industrial dispute’

as defined u/s 2 (k) of the I.D. Act, 1947, that the

claim of the Party I is not based on an admitted

rights and that there is no application of mind by

the appropriate Government while referring the

present dispute.

12. The Party I claimed that he is entitled to

receive from the Employer a sum of Rs. 3,08,762/-

being Rs. 1,13,810/- towards interim relief,

Rs. 1,62,708/- towards difference in wages as per

Justice Majithia Wage Board Award and Rs. 32,244/-

towards leave encashment. The Party I is therefore

required to prove that he is a ‘workman’ as defined

under section 2 (s) of the I.D. Act, 1947 as well as

‘non-journalist newspaper employee’ under the

Working Journalist and Other Newspaper

Employees

(Conditions

of

Service)

and

Miscellaneous Provisions Act, 1955 (Central Act,

45 of 1955).

The term ‘workman’ has been defined u/s 2 (s)

of the I.D. Act, 1947 and it means “any person

(including an apprentice) employed in any industry

to do any manual, unskilled, skilled, technical,

operational, clerical or supervisory work for hire or

reward, whether the terms of employment be

expressed or implied and for the purposes of any

proceedings under this act in relation to an industrial

dispute, includes any such person who has been

dismissed, discharged or retrenched in connection

with or a consequence of that dispute or dismissal,

discharge or retrenchment has laid to that dispute,

but does not include any such person;

a) Who is subject to the AIR Force Act, 1950

(45 of 1950) or the Army Act, 1950 (46 of

1950) or the Navy Act, 1957 (62 of 1957) or

b) Who is employed in the police service or as

an Officer or other employee of a prison or

c) Who is employed mainly in a managerial or

administrative capacity

d) Who, being employed in a supervisory

capacity draws wages exceeding Ten

Thousand Rupees per menses or exercises

either by the nature of the duties attached

to the office or by reason of the powers vested

in him, functions mainly of a managerial

nature.”

13. Thus, in order to prove that the Party No. I

is/was a ‘‘Workman” as defined u/s 2 (s) of the I.D.

Act, 1947, one has to prove that he was performing

the duties of manual, unskilled, skilled, technical,

operational, clerical or supervisory in nature and it

is not enough that he/she was not performing the

duties of supervisory, administrative and

managerial in nature. It is the settled principles of

Industrial jurisprudence that whether a particular

employee is a ‘‘Workman” or not, as defined under

Section 2(s) of the Industrial Dispute Act, 1947

depends upon the predominant nature of duties

and responsibilities performed by him at the time

of termination of his services.

The Hon’ble Supreme Court of India as well as

Hon’ble High Court of Bombay explained the term

‘supervisor’ in its following judgments respectively.

14. In the case of All India Reserve Bank

Employees Association and Anr. V/s Reserve

Bank of India and Anr., reported in 1965 II LLJ

176, the Hon’ble Supreme Court of India has held

that “the Workman, employed to do supervisory work

drawing monthly emoluments of less than Rs. 500/-

held competent to raise an industrial dispute in

regard to their pay scale, even if the pay-scale

demanded by them goes beyond Rs. 500/- per month.

The Hon’ble Court further observed that the word

“supervise” and its derivatives are not words of

precise import and must often be construed in the

light of the context, for unless control, they cover an

easily simple oversight and directions as manual

work coupled with the power of inspection and

Superintendence of the manual work of others.”

15. In the case of Anand Regional Co-operative

Oil Seeds Growers Union Ltd. V/s Shailesh kumar

Harshadbhai Shah reported in (2006) 6 SCC 548,

the Hon’ble Supreme Court of India has held that

“for determining the question as to whether a person

employed in an industry is a “Workman” or not, not

only the nature of work performed by him but also

the terms of the appointment in the job performed

are relevant considerations. The Hon’ble Supreme

Court of India further held that the supervision

contemplates directions and control. While

determining the nature of the work performed by an

employee, the essence of the matter should call for

consideration. An undue importance need not be

given for the designation of an employee or the

name assigned to the class to which he belongs.

What is needed to be asked is as to what are the

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684

primary duties he performs for the set purpose, it is

necessary to prove that there were some person

working under him whose work was required to be

supervised. Being in charge of the section alone and

that to a small one and relating to quality control

would not answer the test. A person indisputably

carries on supervisory work if he has power of control

or supervision in regard to recruitment, promotion,

etc. The work involves exercise of tact and

independence.”

16. In the case of Burmah shell oil Storage and

Distributing Co. of India Ltd. V/S Burmah shell

Management Staff Association and Ors., reported

in AIR 1971 SC 922, the Hon’ble Supreme Court of

India has held that “in determining the nature of

employment of an employee and in holding that the

employer is employed to do supervisory work, took

into consideration not only the work of supervision

which he was carrying on in ensuring that the skilled

and unskilled manual Workman employed under him

were properly doing work of repairs, maintenance,

servicing and fabricating etc. but also the fact that

the Workman function under his control and

direction that he allocated and reallocated work to

them and that he initiated disciplinary proceedings

etc. The Hon’ble Supreme Court further held that

the exercise of such power is clearly a part of his

supervisory duty.”

17. In the case of Ramesh s/o Ramrao Wase

V/s the Commissioner, Revenue Division

Amravati reported in 1996 1 LLJ 55 the Hon’ble

High Court of Bombay has held that “the status

of a person as an employee cannot be decided merely

on the basis of his designation. The Hon’ble High

Court further held that it is popularly believed that

in order to dub the work as a ‘Supervisory’, the

person concerned must have control over the

subordinates and the person concerned should have

the power to sanction leave, give promotions et

which is only one of the facets of the supervisory

work. That is not the be all and end all of the term

“supervisory work” if the supervision is required to

be made in some other different way, like over the

quality of the work and over other aspects such as

to see and examine whether the work is completed

or not in satisfactory manner and in keeping with

specifications, that also becomes the supervisory

work, it is therefore clear that really speaking, none

of the duties of the Petitioner are of technical nature,

but are of supervisory in nature.”

18. In the case of Shri Vishnu P. Kamat V/s

Presiding Officer, Industrial Tribunal, Panaji-Goa

and Anr, passed in Writ Petition No 167/1999,

before the Hon’ble High Court of Bombay, the

Petitioner was entrusted with duties of sanctioning

of leave of operators, checking of productions,

stoppage of machinery if the product was found

not up to the mark etc. and that these duties are

certainly of supervisory in nature. The Hon’ble High

Court of Bombay at Goa refused to interfere in

exercise of the Writ Jurisdiction under Article 227

of the Constitution of India by observing that the

petitioner is not a ‘workman’ as defined u/s 2(s) of

the I.D Act, 1947.

19. In the case of Standard Chartered Bank

V/s Vandana Joshi and another reported in 2010

I CLR 163, before the Hon’ble High Court of

Bombay, the Respondent was designated as

‘Personal Financial Consultant’. His primary duties

were to achieve allocated business targets,

ensuring high quality customer service, ensuring

external and internal compliance on all branch

transactions, handling difficult customer situations

and contributing to the overall achievement

growth et. The Hon’ble High Court has held that

the Respondent is not a ‘workman’ as defined u/s

2(s) of the I.D Act, 1947. The Hon’ble High Court in

para 18 of it judgment observed as under:

“18. The fact that in an organizational structure

the employee, in the course of the decision

making process, is subject to checks and

balances is not a matter which would establish

that she/he is a workman within the meaning

of section 2(s). Modern forms of business in

corporate organizations put into place a

carefully crafted process of checks and balances.

Rarely, if ever, would an employee have

authoritarian control over business decisions.

Employees are made subject to checks and

balances both at the lateral and vertical level.

Managerial decisions are subject to verification

and approval. The fact that decisions of an

employee are subject to verification or subject

to a system of control and balances does not

establish that the employee is a workman

within the meaning of section 2(s). Managers

do not become workmen because their

decisions are structured by prose and

approvals. Absolute autonomy is not the norm

in managerial decision making. Nor does the

law insist on absolute discretion or absolute

autonomy for a person to be a manager.

Basically the answer to the question must

depend upon the dominant nature of the duties

and responsibilities.”

20. In the case of German Remedies Ltd. v/s.

Micheal Gabriel Lopes and Anr., reported in 1999

(2) LLN 199, before the Hon’ble High Court of

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Bombay, the Respondent was designated as officer

in the personal department of the company. He

had to do laison work with Government offices like

E.S.I Department, E.P.F Office, Factory Inspector

Office and others. His salary was exceeding

Rs. 1,600/- per month. He was empowered by the

management to exercise his discretion in the best

interest of the company. The Hon’ble High Court

has held that “the Respondent is not a ‘workman’

as define u/s 2(s) of the I.D Act, 1947, but he is a

person working in a supervisory cadre. The Hon’ble

High Court has held that “it cannot be said that

unless an employee has a power to dismiss the

persons recruited by him or unless he has power to

settle the matters in court or to take decisions on

behalf of the company, he cannot fall into the

category of supervisor.”

21. In case of Union Carbide (India) Ltd. v/s

Ramesh Kumbla and ors., reported in 1999 III

LLJ 1489, the Hon’ble High Court of Bombay has

held that, “the Respondent was employed as a

“supervisor” in electrical maintenance department.

The predominant nature of his work was

supervisory and not technical. He had power to

recommend leave and authorize overtime work and

overtime free meal. He enjoyed certain special

privileges and benefits under the pension scheme

and gratuity scheme framed by the company.

Therefore it has been held that he must be working

in supervisory capacity u/s 2(s) (IV) of the I.D Act

and merely because sometimes he carried out the

work himself, does not detract from the fact that he

was a supervisor.”

22. In the case of Seraikella Glass Works Ltd.

v/s second Industrial Tribunals W.B. and Ors.

reported in 1992 I LLJ 1158, the Hon’ble High

Court of Calcutta has held that, “the nature of duties

performed by the employees is managerial and in

carrying out the main duties as supervisor, he was

required to do various jobs like assignment of work,

allocation of job indenting of materials,

recommendation of leave and work appraisal of the

workmen working under him and was drawing a

salary of Rs. 1600/- p.m. and as such cannot prima

facie claim the benefit of workmen within a meaning

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

The aforesaid judgments of the Hon’ble Apex

Court as well as Hon’ble High Courts almost settled

the law on the subject.

23. In the case in hand, undisputedly, the

Party I was initially appointed by the Employer as

‘clerk’ w.e.f. 01-10-1988 and confirmed in the service

w.e.f. 01-11-1990. The Party I was promoted to the

post of ‘Accounts Assistant (Advt.)’ from 01-10-2000.

The Party I was further promoted to the post of

‘Recovery Officer’ from 01-12-2007. The Party I was

finally promoted to the post of ‘Asstt. Manager

Advt. (Recovery)’ from 01-01-2011. The Party I

worked in the said post of ‘Asstt. Manager Advt.

(Recovery)’ till 31-10-2013 when he resigned by

notice dated 01-10-2013. It is further admitted by

the Employer that the Party I was given the benefits

of the Bachawat Award as well as Manisana Wage

Board Award.

24. To prove his case, the Party I examined

himself and produced on record certain

documentary evidence in support of his oral

evidence. The Party I in his oral evidence on record

deposed that as an Asstt. Manager Advt. (Recovery)

from 01-01-2011, he continued to do the same work

of Accounts Assistant (Advt.) and was entrusted

with the work of recovery of advertisement money

from

the

agencies,

through

whom

the

advertisements were booked and that he had no

authority of whatsoever nature in the matter of

administration, management or supervision of the

work or the employees and that his duties were

mainly of clerical in nature. In his cross-

examination, the Party I deposed that though he

has given promotion to the post of Asstt.

Advertising

Manager,

his

duties

and

responsibilities never changed. He deposed that

as a clerk of the Employer, he was performing the

duties such as preparing bills of advertisement, to

collect the amount towards credit bills from various

parties by visiting them as per the instructions of

his superior and any other work as per the

directions of his superior. He deposed that he has

been promoted as Accounts Assistant (Advt.) his

duties were never changed and it remains the same

as clerk. He deposed that as an Asstt. Advertising

Manager, he used to report to Dy. Gen. Manager of

the Employer. He admitted that he was interacting

with various agencies on behalf of the Employer

for recovery of dues while in the employment. He

admitted that whenever any bill towards the

advertisement were pending he used to co-ordinate

the said Vaishali for recovery of the bill as per the

direction of higher authorities. He admitted that

he used to give necessary instructions to the said

Vaishali for recovery of bills as per the directions

of higher authorities. He admitted that whenever

he used to send email to the said Vaishali, it is on

the instructions of his higher authorities. He

deposed that he do not possess any document to

show that he has been given instructions to send

the same emails to the said Vaishali. He admitted

that he had sent an email dated 05-01-2013 to

Mr. Luis Rodrigues, a representative of the

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Employer in Belgaum region and had also received

an email dated 09-01-2013 from him. He stated that

he had sent email dated 05-01-2013 to the said

Mr. Luis Rodrigues at the instructions of

Mr. Ramkrishna Mashelkar, an Accounts Manager

of the Employer. He deposed that as an Asstt.

Advertisement Manager, he was reporting to all

the higher authorities which includes Accounts

Manager of the Employer. He deposed that he had

drafted the said two notices as per the format given

by the management. He admitted that he had made

changes as per the requirements and prepared the

said notices. He deposed that even after serving

the notice to the customers, if the customers did

not pay the amount than the accounts department

used to look after the said matter. He deposed that

he used to check on the system as to whether the

amount towards the pending bills have been

recovered or not. He admitted that he never used

to interact with the bill collectors, clerks or any

other employees of the Employer pertaining to the

recovery of amount. He deposed that he do not

remember exactly as to whether at any point of

time he has been instructed by the Accounts

Manager to sign the said bills in his absence. He

deposed that as an Asstt. Advertising Manager, it

was his duty to ensure delivery of bills to the

advertisement agencies and not the recovery of

the said bills. He admitted that he was interacting

with the various advertising agencies to recover

the amount due from them to the Employer.

25. On the contrary, the Employer examined

Mr. Vinayak Pai Bir, its Printer/Publisher. The said

Mr. Pai Bir in his affidavit in evidence deposed that

the Party I was working with them as Asstt.

Manager–Advertisement (Recovery) and his

primary duties was to interact with the various

agencies, clients, its customers and to recover the

dues pending from them on behalf of the Employer.

He deposed that when the Party I was promoted to

the post of Advertising Manager w.e.f. January,

2011 vide its letter dated 18-11-2010 and that he

was confirmed in the said scale of pay of the

Manisana Wage Board Award and that he was

granted an increment of Rs. 3000/- in his

conveyance allowance. He deposed that the duties

performed by the Party I were of supervisory and

managerial in nature. In his cross-examination, he

admitted that the Party I had joined the services of

the Employer as clerk in the year 1988. He admitted

that he is not aware of the duties performed by

different employees of the Employer in its different

departments. He admitted that he is not aware the

duties performed by the Party I as he was working

in advertising department. He admitted that the

post designated as clerks are not allowed to sign

any contracts or any documentation for and on

behalf of the Employer. He deposed that no

authority letter of whatsoever nature was ever

issued to the Party I to sign or make agreement

with any third person on behalf of the Employer.

He admitted that during the period when the Party

I was working as a clerk, he was also co-ordinating

with various agencies in order to make the

recoveries of the pending bills and that the said

duties was also performed by him after his

promotion as Accounts Assistant. He admitted that

in the affidavit in evidence filed by him before the

Controlling Authority, he deposed that the benefits

of all the awards applicable to the post of the

Party I was granted to him along with all other

employees of the Employer. He admitted that when

the Party I was promoted, no job specifications

were issued to him as a Recovery Officer as well as

Asstt. Advertising Manager his basic scale of pay

and all other allowances as per Manisana Wage

Board Award remained the same and he was only

granted an increment of Rs. 3000/- in his

conveyance allowance. He admitted that the

Employer had at no point of time issued any

separate letter of appointment/promotion

specifying duties and job responsibilities to the

respective post of clerk to Accounts Assistant to

Recovery Officer and to Asstt. Advertising

Manager. He admitted that in the aforesaid

promotion letters issued to the Party I, it does not

contained any of the duties and job responsibilities

to the respective post. He admitted that the receipt

at Exb. 29-cross have been signed by one

Shri Sagar Shirodkar on behalf of the Employer.

26. Thus, the aforesaid evidence on record

indicates that the Party I was holding the post

of Asstt. Advertising Manager (Recovery) from

01-01-2011 till 31-10-2013 at the time of his

resignation from the services of the Employer. The

evidence on record indicates that the Party I was

promoted to the post of Asstt. Advertising Manager,

he was given an increment of Rs. 3000/- in his

conveyance allowance. The evidence on record

indicates that though the Party I was promoted

from Clerk to Accounts Assistant to Recovery Officer

and finally to Asstt. Advertising Manager

(Recovery), all other terms and conditions of his

employment as stated in his original service

contract remained unchanged. The Employer has

not issued any separate letter of appointment/

/promotion

specifying

duties

and

job

responsibilities to the post of clerk to Accounts

Assistant to Recovery Officer and to Asstt.

Advertising Manager. The evidence on record

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indicates that as an Asstt. Advertising Manager of

the Employer, the predominant nature of duties

and responsibilities of the Party I to interact with

the various agencies, clients, its customers and to

recover the dues pending from them on behalf of

the Employer, to co-ordinate with various agencies

in order to make the recoveries of the pending

bills. The Party I was not having any authority of

whatsoever nature to sign or make an agreement

with any third person on behalf of the Employer.

The Party I was not having any authority to ensure

the recovery of the pending bills. The aforesaid

predominant duties and responsibilities performed

by the Party I as an ‘Asstt. Advertising Manager

are predominantly clerical in nature. The Party I is

therefore a ‘workman’ within the meaning of

Section 2 (s) of the I.D. Act, 1947. The issue No. 1

is therefore answered in the affirmative.

27. Ld. Adv. Shri P.J. Kamat, during the course

of his oral arguments relied upon a judgment in

the case of Chandrashekhar Chintaman Vaidya

v/s. National Organic Chemical Industries Ltd.,

reported in 2010 (126) FLR 289, of Hon’ble High

Court of Bombay in para 46 to 48 of its judgment

held as under:

46. It is pertinent to note that in the long span

of more than five years’ service, documents

relied upon by the management pertaining to

nature of work, according to management, are

(1) Attendance sheet, (2) Authorization Slip,

(3) Pay slip, which pertain to year 2003. The

period, during which the complainant was

appointed and has been serving, is from 17

August, 1988.

47. Had the complainant been working in

supervisory capacity, it would be shocking

to believe that he has signed only four

documents referred to in paras 14 to 23, which

are Exbs. 32, 33, 34, 35, 39, 40 and 41 only.

Stray suggestions as to few documents filed

by the management do not amount to proving

predominance of work.

48. Even on construing and interpreting each

and every document in favour of the

management, it would not be possible to reach

a conclusion that these six documents are liable

to be described as ‘stray pieces of evidence’ in

the background of long five years’ service of

the appellant. This evidence does not lead to

suggest that nature of predominant duties of

complainant was that of managerial and

administrative, much less to prove said

positively raised plea of the management that

the complainant was not a workman”

28. The principle laid down by the Hon’ble High

Court is well recognized and is also applicable to

the case in hand. Applying the law laid down by

the Hon’ble High Court of Bombay, the document

at Exb. 24-cross, Exb. 25-colly (cross) i.e. email sent

to the third parties, Exb. 26-colly (cross) i.e. two

legal notices issued by the Party I in the capacity

of recovery officer to the third party. The said emails

on record indicates that the Party I was interacting

with the third parties regarding payment of

outstanding bills and the legal notices issued by

the Party I to the third party pertaining to the

payment of outstanding bills. The said documents

on record indicates that no duties of supervisory,

administrative or managerial in nature were

performed by the Party I in his 15 years of tenure

of service with the Employer. Hence, it is held that

the Employer failed to prove that the Party I was

predominantly performing the duties of supervisory,

administrative and managerial in nature.

29. In the case of Pepsico India Holding Pvt.

Ltd. v/s. Krishna Kant Pandey of the Hon’ble

Supreme Court of India, the Respondent was

appointed on the post of Operator/Technician

Grade III for six months on probation basis w.e.f.

13-03-1995 against the salary of Rs. 2600/- p.m. He

was confirmed in services w.e.f. 13-09-1995 and was

also awarded one increment w.e.f. 01-02-1996.

Earlier he was appointed in the plant of Jainpur

(Kanpur Dehat) from where he was transferred to

Satharia plant, District Jaunpur, U.P. on 30-08-1996

on the revised pay scale i.e. Rs. 5450/-. Pursuant to

the subsequent transfer order, he was posted at

Lucknow in the month of June, 1997 and till 2000

he was awarded annual increment @ of Rs. 490/-.

Subsequently, he was promoted to the post of line

supervisor in the pay scale of Rs. 7716/- and

thereafter to the post of Fleet Executive. The

Employer terminated his services on 14-11-2003 by

giving one month salary in lieu of notice prior to

termination. In a reference before the Industrial

Tribunal held that the Respondent is not a

‘workman’ u/s 2 (s) of the I.D. Act, 1947. Being

aggrieved, the Respondent filed the writ petition

challenging the order of the Industrial Tribunal.

The Ld. Single Judge of the Hon’ble High Court

allowed the writ petition filed by the Respondent

by quashing the order of the Industrial Tribunal

against which the Appellant filed the present

appeal. The Hon’ble Apex Court, while allowing

the appeal filed by the Appellant held that the

Appellant had entered into the service on the post

of Operator/Technician Grade–III, which is a

technical post and from there he was promoted to

different posts including fleet executive. The High

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688

Court committed grave error in holding that

although he is not covered under the definition of

the ‘workman’ u/s 2 (s) of the Act, he shall be

classified as a workman. The High Court further

exceeded its jurisdiction in advising the

Government to make an amendment in Section 2 (s)

of the Act and to exclude some clauses. The order

passed by the High Court cannot be sustained in

law.

The principle laid down by the Hon’ble Apex

Court in its aforesaid case is not applicable to the

case in hand as the facts of the case in hand are

totally different than the case before the Hon’ble

Apex Court.

30. The Employer denied that the Party I was a

non-journalist newspaper employee within the

meaning of Section 2 (dd) of the Working Journalist

and Other Newspaper Employees (Conditions of

Service) and Miscellaneous Provisions Act, 1955

(Central Act 45 of 1955). It is therefore necessary to

refer to the definition of the working journalist as

well as non-journalist newspaper employee of the

said Act.

Section 2 (c) of the said Act define the term

‘newspaper employee’ and it means that “any

working journalist, and includes any other

person employed to do any work in, or in

relation to, any newspaper establishment.

Similarly, Section 2 (dd) defines non-journalist

newspaper employee and it means “a person

employed to do any work in, or in relation to,

any newspaper establishment, but does not

include any such person who—

i) is a working journalist, or

ii) is employed mainly in a managerial or

administrative capacity, or

iii) being employed in a Supervisory Capacity,

performs either by the nature of duties

attached to his office or by reason of the

powers vested in him, functions mainly of a

managerial nature”

Thus, the term ‘non-journalist newspaper

employee’ means any person employed to do any

work in, or in relation to, any newspaper

establishment, but does not include any such

person i.e. a working journalist, employed mainly

in a supervisory, managerial or administrative

capacity performs either by the nature of duties

attached to his office or by reason of the powers

vested in him.

31. Undisputedly, the Party II was engaged in

the business of newspaper publication. Hence, the

Party I was a newspaper employee. The Party I was

holding the post of Asstt. Advertising Manager

(Recovery) from 01-01-2011 till 31-10-2013 at the

time of his resignation of his services of the

Employer. As observed in the foregoing paras, the

predominant nature of duties and responsibilities

of the Party I as Asstt. Advertising Manager of the

Employer were clerical in nature. The Party I was

not a ‘working journalist’. Hence, the Party I was a

‘non-journalist newspaper employee’ as defined

u/s 2 (dd) of the Working Journalist and Other

Newspaper Employees (Conditions of Service) and

Miscellaneous Provisions Act, 1955 (Central Act

45 of 1955). Hence, it is held that the Party I proved

that he was a non-journalist newspaper employee

under the Working Journalist and Other

Newspaper Employees (Conditions of Service) and

Miscellaneous Provisions Act, 1955 (Central Act 45

of 1955). The issue No. 2 is therefore answered in

the affirmative.

32. The oral evidence on record indicates that

the Party I had filed an application before the

Commissioner,

Labour

and

Employment,

Government of Goa, Panaji, under Section 17 of the

Working Journalist (Conditions of Service) and

Miscellaneous Provisions Act, 1955 for recovery of

money due from the Employer. The oral evidence

on record indicates that the Employer disputed

the amount due on various grounds and as such

required u/s 72 of the said Act, the Commissioner,

Labour and Employment, Government of Goa,

referred the matter to the Labour Court II u/s 10 (1)

(d) of the I.D. Act, 1947 for its adjudication.

The Section 17 of the said Act is reproduce as

under:

“17 (1) Recovery of money due from an employer –

(1) where any amount is due under this Act to

a newspaper employee from an employer, the

newspaper employee himself, or any person

authorised by him in writing in this behalf or

in the case of the death of the employee, any

member of his family may, without prejudice

to any other mode of recovery, make an

application to the State Government or such

authority, as the State Govt. may specify in

this behalf, is satisfied that any amount is so

due, it shall issue a certificate for that amount

to the collector, and the Collector shall proceed

to recover that amount in the same manner as

an arrear of land revenue”

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689

Thus, from the plain reading of the said Section

17 of the Act, it reveals that a newspaper employee

can make an application u/s 17 of the said Act for

recovery of money due and if there is any dispute,

the same shall be referred to the Labour Court

constituted under the provisions of the said Act by

the State Government of its motion an application

by the Party I.

33. In the case of Management of Samyuktha

Karnataka v/s. M.L. Satyanarayan Rao and Anr.,

reported in 1986 LIC 626, the Hon’ble High Court

of Karnataka in para 7 of its judgment held as under:

“7………Sub-Section (2) of S.17 confers power

on the State Government to refer a dispute

raised by a person on the basis that he was a

working journalist regarding salary due to him

from his employer and if the State Government

is prima facie satisfied that the matter merits

reference under the said provision it has the

power to make a reference. Therefore, it should

be held that the Labour court which is vested

with the power to decide such dispute has

also the power to decide all incidental questions

necessary for the exercise of the power.

Acceptance of the plea of the petitioner would

render S. 17 (2) purposeless for, in every case,

if the management concerned were to raise an

objection that the claimant concerned was not

a working journalist, the Labour Court would

have no jurisdiction to decide the issue.

Therefore, I hold that in a reference made under

S. 17 (2) of the Act read with S. 10 (1) of the I.D.

Act, the Labour Court has the jurisdiction to

decide the question as to whether the claimant

was a working journalist if such a question is

raised on behalf of the management.”

The judgment of the Hon’ble High Court is well

recognised and is also applicable to the case in

hand.

34. In the case of the Management of Statesman

Ltd. v/s. Lt. Governor, Delhi and Ors., reported

in 1975 II LLJ 33, the Hon’ble High Court of Delhi

in para 7 of its judgment held as under:

“7. The finding, I have returned, is that the

respondent No. 3 is a working journalists

governed by the Journalists Act and he is not

a workman within the meaning of Industrial

Disputes Act but all the provisions of the

industrial Disputes Act fully apply to him as

they apply to a workman so he is entitled to

take advantage of the provisions of the

Industrial Disputes Act and the machinery for

adjudication of disputes provided by it in view

of this findings the espousal of the cause of

the respondent is sufficient to convert

individual dispute of the workman into an

industrial dispute. The contention of the

counsel has no force and the findings of the

Tribunal on the preliminary issues does not

suffer from any legal infirmity. As a result the

writ petition fails and is dismissed but in the

circumstances of the case the parties will bear

their respective costs.”

35. The principle laid down by the Hon’ble High

Court of Delhi is well recognised and is also

applicable to the case in hand. Applying the law

laid down by the Hon’ble High Court of Delhi, it is

held that the dispute raised by the Party I is an

‘industrial dispute’ within the meaning of Section

2 (k) of the I.D. Act, 1947. The court also do not find

any merits in the preliminary objection raised by

the Employer and as such the said preliminary

objection raised by the Employer is hereby

overruled. Hence, it is held that the Employer failed

to prove that the present order of reference is not

maintainable in view of the reasons stated in its

preliminary objections. The issue No. 5 is therefore

answered in the negative.

36. Issue No. 3:

While deciding the issue No. 2 hereinabove, I

have discussed and come to the conclusion that

the Party I is a non-journalist newspaper employee

under The Working Journalists and Other

Newspaper Employees (Conditions of Service) and

Miscellaneous Provisions Act 45 of 1955. The

Party I, being a non-journalist newspaper employee

is therefore entitled to the benefits under the

Justice Majithia Wage Board Award dated

31-10-2010 and accepted by the Government of

India dated 11-11-2011. The Working Journalists

and Other Newspaper Employees (Conditions of

Service) and Miscellaneous Provisions Act 45 of

1955. Hence, it is held that the Party I proves that

is therefore entitled to the benefits under the

Justice Majithia Wage Board Award dated

31-10-2010 and accepted by the Government of

India dated 11-11-2011. The issue No. 3 is therefore

answered in the affirmative.

37. Issue No. 4:

While deciding the issue No. 3 hereinabove, I

have discussed and came to the conclusion that

the Party I being a non-journalist working employee

is therefore entitled to the benefits under

the Justice Majithia Wage Board Award dated

31-10-2010 and accepted by the Government of

India dated 11-11-2011.

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690

38. The evidence on record indicates that the

Government of India, in exercise of the powers

conferred by Section 9 of the said Act had

constituted a wage board for the purpose of fixing

and revising rates of wages in respect of working

journalist and non-journalist newspaper employees

and news agencies employees vide notification

dated 24-05-2007 which is known as Justice

Majithia Wage Board. The evidence on record

indicates that during the pendency of the

adjudication, the Government of India vide

notification dated 24-10-2008 had declared 30% of

the basic wages as interim relief w.e.f. 08-01-2008.

The evidence on record indicates that from January

2000 onwards, the Party I had drawn basic wages

under the Manisana Singh Board Award.

39. The evidence on record indicates that the

Party I was promoted to the post of Recovery Officer

w.e.f. 01-12-2007 vide letter dated 26-11-2007 and

he was fitted at basic pay of Rs. 7835/-. The

Party I was also paid arrears arising out the

Manisana Wage Board Award. The evidence on

record indicates that the Party I was further

promoted to the post of Asstt. Advertising Manager

(Recovery) w.e.f. January, 2011 vide letter dated

18-11-2010 and was confirmed in the same scale of

pay of the Manisana Wage Board Award. The

Party I was however, granted an increment of

Rs. 3000/- in his conveyance allowance. At the

relevant time i.e. w.e.f. January, 2008 the basic of

the Party I was Rs. 7835/-. The basic of the Party I

for the period of 23 days in the month of January,

2008 was Rs. 6006.83. The basic of the Party I for

the month of October, 2008, October, 2009, October,

2010, October, 2011, October, 2012 and for the

month of October 2013 were Rs. 8070/-, Rs. 8305/-,

Rs. 8540/-, Rs. 8775/-, Rs.9010/- and Rs. 9245/-

respectively. Thus, the total calculation of 30% of

the basic wage for the period from 08-01-2008 till

10-11-2011 comes to Rs. 1,13,810.05.

40.

The Party I claimed an amount of

Rs. 1,62,000/- as an arrears towards the

recommendation of Justice Majithia Wage Board

Award. The Employer denied that the Party I is

entitled as an arrears towards the recommendation

of Justice Majithia Wage Board Award. The Party I

has produced on record a copy of the order dated

11-11-2011 issued by the Ministry of Labour and

Employment which is on record at Exb. 15. The

said order on record indicates that the wages as

revised/determined shall be payable from

11-11-2011 when the Government of India notified

the recommendations of the Majithia Wage Board.

The Hon’ble Supreme Court of India upheld the

recommendations made by the Justice Majithia

Wage Board hiking salaries for journalists and non-

journalists by dismissing the challenges filed by

the managements of various newspapers. Hence, it

is held that the Party I proved that he is entitled

to the arrears of the recommendations of the Justice

Majithia Wage Board Award.

41. The Party I also claimed an amount of

Rs. 32,244.27 on account of encashment of leave

credited on the day of acceptance of his resignation

on 31-10-2014. According to the Party I, there was

balance earned leave of 31 days and casual leave

of 6 days in his account. The Employer denied in

its pleadings the aforesaid encashment of leave of

earned leave of 31 days and casual leave of 6 days

in his account. It was therefore, incumbent upon

him to prove the said fact by cogent evidence. The

Party I has however, did not produce on record any

cogent evidence in support of the claim. The

Party I also failed to direct the Employer to produce

the records pertaining to his leave. Thus, the

Party I having failed to produce any cogent

evidence of his leave balance on the day of

acceptance of his resignation, also failed to prove

that he is entitled to encash the earned leave of 31

days and 6 days of casual leave. The Party I is

therefore not entitled to any leave encashment.

The issue No. 4 is therefore partly answered in the

affirmative to the extent of 30% of the interim relief

as well as differences in wages as per Justice

Majithia Wage Board Award and partly answered

in the negative to the extent of leave encashment.

In view of the above, I proceed to pass the

following order:

ORDER

1. It is held that Shri Crispino Marcelo is a

non-journalist newspaper employee under the

Working Journalists and Other Newspaper

Employees (Conditions of Service) and

Miscellaneous Provisions Act, 1955 (Central

Act 45 of 1955).

2. The Employer, M/s. Herald Publications Pvt.

Ltd., is hereby directed to pay to the Party I,

Shri Crispino Marcelo, 30% of the interim relief

as well as arrears under the Justice Majithia

Wage Board Award. However, Party I is not

entitled to any leave encashment.

3. No order as to costs

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II.

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691

Notification

No. 28/3/2018-LAB/Part-I/764

The following award passed by the Labour

Court-II, at Panaji-Goa on 22-10-2018 in reference

No. IT/25/2010 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.

Neetal P. Amonkar, Under Secretary (Labour).

Porvorim, 28th November, 2018.

______

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. IT/25/2010

Shri Menino Dias,

r/o. H. No. 399, Maria Apartment,

Mangor Hill,

Vasco-da-Gama, Goa.

….. Workman/Party-I

V/s

M/s. Kadamba Transport Corporation Ltd.,

Paraiso de Goa, Alto Porvorim,

Bardez-Goa.

…. Employer/Party-II

Workman/Party-I represented by Adv. Shri A.

Kundaikar.

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

Palekar.

Panaji, dated 22-10-2018.

AWARD

1. In exercise of the powers conferred by Section

10 (1) (d) of the Industrial Disputes Act, 1947 (Central

Act 14 of 1947) the Government of Goa, by Order

dated 22-09-2010, bearing No. 28/34/2010-LAB

referred the following dispute for adjudication by

the Industrial Tribunal of Goa. The Government of

Goa, vide its subsequent order dated 09-02-2016,

transferred the present reference from the Industrial

Tribunal-cum-Labour Court to this Labour Court II

for its adjudication.

“(1) Whether the action of M/s Kadamba

Transport Corporation Ltd., Porvorim, Goa,

in dismissing from services Shri Menino

Dias, Driver, vide their order dated

20-01-2007 is legal and justified?

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

to?”

2. On receipt of the reference, a case was

registered under No. IT/25/2010 and registered

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

to the said notice, the Parties put in their

appearance. The Workman/Party-I (for short

‘Workman’), filed his Statement of Claim on

01-12-2010 at Exb. 7. The facts of the case in

brief as pleaded by the workman are that after

successful interview, he was appointed by the

Employer/Party-II (for short, ‘Employer’) as ‘Driver’

in the year 1985. He stated that on 15-08-2005, he

was posted on schedule No. 52 on vehicle

No. GA-01-X-0306 (Mini bus) on shuttle service on

route Vasco-Panaji. He stated that the vehicle

departed from Vasco Bus stand at about 3.00 p.m.

and when he reached at Zuari bridge, Agassaim at

the end of Zuari bridge, the vehicle turned turtled

and went off the road. He was issued a charge-

sheet dated 26-01-2005 by the Employer. He stated

that he controverted the charges levelled against

him, vide his reply dated 02-11-2005. He stated

that he had also denied the charges as the same

were belatedly issued to him, despite the fact that

the accident occurred on 15-08-2005 and the

charge-sheet was issued to him on 26-10-2005

besides his defense of mechanical fault.

3. He stated that he was charged under Clause

28 of the CSO (Certified Standing Orders). He stated

that the said charge-sheet reads as when he was

on route Vasco-Panaji (shuttle) on KTC vehicle

No. GA-01-X-030805, he met with major accident

near Zuari bridge, Agassaim at 15.00 hours causing

injuries to him and 18 passengers as well as total

damages to the KTC vehicle. That the accident

took place, when the KTC driver Mr. Menino Dias

drove the vehicle in over speed and failed to control

the same, whereby vehicle went off to right side

off the road and turned turtled and struck on

electric pole and finally rested on a big tree with

all four wheel in upward directions and therefore

the driver is fully responsible for the above accident

and consequent injuries caused to the driver and

passengers as well as damages of the vehicle. He

stated that he was therefore charged under Clause

28. He stated that thereafter the Employer

conducted an enquiry against him. He stated that

the Enquiry Officer held him guilty of the charges

levelled against him. He stated that the Employer

thereafter issued him a dismissal letter dismissing

him from service vide order dated 20-01-2007.

4. Being aggrieved by the order of dismissal

issued to him, the Workman challenged the same

on the following grounds, which are taken without

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692

prejudice to one another. The Workman contended

that the action of the Employer in dismissing him

from services is illegal, malafide and unjustified.

He submitted that the Employer is a State within

the meaning of Article 12 of the Constitution of

India and is bound by Chapter II of the Constitution

of India. He submitted that the action of the

Employer in dismissing him from service is patently

illegal, arbitrary and thus in violation of Article 14,

16 and 21 of the Constitution of India. He

submitted that his service has been terminated

without any reasonable cause and for no

misconducts committed by him. He submitted that

the departmental enquiry conducted in flagrant

violation of the principles of natural justice. He

submitted that the findings of the Enquiry Officer

are perverse, suffers from non-application of mind

and not based on evidence on record. He

submitted that Ld. Enquiry Officer erred in placing

the burden of proving the innocence on him, when

in fact the proper procedure and in fairness, the

Enquiry Officer ought to have followed by placing

the burden to prove the charges levelled against

him on the Employer. He submitted that Ld.

Enquiry Officer ought to have appreciated the

defense taken by him vis-à-vis the evidence on

record. He submitted that the action of the

Employer is smacks of malifide and instance of

unfair labour practice only to victimize him. He

submitted that in hypothetical cases of fatal

accidents, the drivers have been imposed with

minor penalties of withholding annual increments,

however, he is imposed with the penalty of

dismissal from service, which is unwarranted. He

submitted that the alleged misconduct stipulated

in the charge-sheet does not amounts to breach of

any rules or instructions given by the superiors for

the proper functioning of the or the safety of the

establishment especially when no orders or

directions were produced on record during the

course of enquiry proceedings. Without prejudice

to the above, he submitted that he is not guilty of

the charges and that the punishment of dismissal

imposed upon him is disproportionate to the

alleged misconduct. The Workman therefore prayed

that the action of the Employer in retrenching his

services w.e.f. 15-01-2008 be declared as illegal and

unjustified and he be reinstated along with full

back wages from the date of retrenchment till

passing of the award.

5. The Employer resisted the claim of the

Workman by filing written statement on 17-01-2014

at Exb. 11. The Employer stated that it is a

Government Company and also a State Transport

Undertaking under the Provisions of Motor Vehicles

Act, 1988. The Employer stated that he provides

transport services to the travelling public within

the State of Goa and also to the neighbouring

states like Maharashtra and Karnataka. The

Employer admitted that the Workman was

appointed as a Heavy Vehicle Driver on daily wages

w.e.f. 21-11-1985 and his daily wages periods were

extended from time to time. The Employer stated

that the Workman was taken on probation w.e.f.

01-11-1986 in the pay scale of Rs. 300-500. The

Employer stated that ever since his appointment,

the Workman used to be involved in many acts of

misconducts/accidents. The Employer stated that

as and when his misconduct was reported, the

Workman was imposed minor punishments with a

view to improve himself and perform his duties

sincerely. The Employer stated that however, inspite

of the opportunities given to him, the Workman

had not shown any sign of improvement. The

Employer stated that some of the misconducts

committed by the Workman and punishments

awarded to him are that he was issued

memorandum dated 29-04-1987 for causing break

down of vehicle GDX-75 due to breakage of

propeller shaft, issued memorandum dated

30-08-1987 for remaining absent on 29-08-1987 for

scheduled duty on scheduled No. 48A/46, issued

memorandum dated 04-11-1987 for remaining

absent from 02-11-1987 to 03-11-1987 for scheduled

duty on schedule No. 42A/40, issued warning dated

01-07-1988 to improve the diesel kilometers per

litre, issued default notice LC No. 02194, dated

13-03-1988 since he failed to reply to the default

notice, he was issued warning dated 04-08-1988

for non-repeatance of such instances in future,

issued memorandum dated 10-08-1988 while he

was on duty on vehicle GDX-13, his vehicle went

off the road and the same vehicle kept unattended

by him at the incident spot and after scrutinizing

the reply filed by him, the Workman was fined

Rs. 25 with warning, vide order dated 03-09-1988

for non-repeatance, issued show-cause notice dated

30-12-1988 for improper behaviour with the

travelling passenger, issued charge-sheet dated

26-04-1989 for committing the accidents to vehicle

GDX-71 and not stopping the vehicle on the

accident spot and that after scrutinizing his

reply, the Workman was warned vide letter dated

28-07-1989 for non-repetance of such instances in

future, imposed recovery of Rs. 75/- towards the

damaged caused to vehicle No. GDX-154 with

warning vide order dated 03-05-1989, issued

warning dated 01-03-1990 for refusal of double duty,

issued warning dated 28-02-1990 for refusal of

double duty, issued charge-sheet dated 16-05-1990

for committing fatal accident wherein one pillion

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693

rider of the motorcycle succumbed to his injuries

in the hospital. Considering the gravity of the

incident, Workman was placed under suspension

pending departmental enquiry and final action.

The departmental enquiry was also instituted vide

order dated 02-07-1990 and the suspension order

issued to Workman was revoked vide order dated

08-06-1990, issued warning letter dated 13-02-1991

for causing damages to the vehicle No. GDX-95,

issued memorandum dated 15-03-1991 for causing

damages to the vehicle No. GDX-95, issued

memorandum dated 15-03-1991 for committing the

accident to the vehicle No. GDX-88 on 26-10-1990

since no reply was filed by Workman, Workman

was fined Rs. 50/- with warning for non-repeatance

vide order dated 09-04-1991, issued memorandum

dated 24-02-1992 for committing accident to

vehicle No. GDX-147 on 24-12-1991 and causing

damages to the KTC vehicle and after scrutinizing

the explanation offered by him, Workman

was warned for non-repeatance vide letter dated

25-3-1992, issued charge-sheet No. KTC/ADM(V)96-

97/113 dated 25-03-1996 for committing the

accident, after scrutinizing the reply filed by

Workman, a recovery of Rs. 1000/- in four equal

installments was imposed upon Workman vide

order dated 04-07-1995 with warning for non-

repeating in future, issued memorandum dated

06-03-1999 for unauthorizedly operating the

scheduled trip before actual scheduled timings and

thereafter refusing to operate the trip instructed

by the Traffic Controller, issued charge-sheet dated

13-04-1999 for assaulting the co-workers in the

depot premises under the influence of alcohol,

summary enquiry was conducted vide order dated

19-05-1999 and perusing the enquiry report,

Workman was issued warning dated 24-07-1999

for non-repeatance, issued memorandum dated

31-07-1999 for driving the vehicle in tyre puncture

condition thereby damaging the tyre and tube.

After scrutinizing the reply filed by Workman he

was issued warning dated 24-08-1999 for non-

repeatance of such instances in future, issued show-

cause notice dated 03-08-2000 for keeping the

vehicle unattended after operating the half

schedule, thereby causing revenue loss to the

corporation. After scrutinizing his reply, he was

imposed fine towards revenue loss of Rs. 345/- vide

order dated 05-08-2000 with a warning for non-

repeatance in future, issued charge-sheet dated

03-02-2001 for committing the accident to vehicle

to GA-01/X0242, causing damages to vehicle. After

scrutinizing the reply, summary enquiry was

conducted vide order dated 28-04-2001. On perusal

of enquiry report, the Workman was issued show-

cause notice dated 02-08-2001 proposing the

penalty of recovery of Rs. 500/- towards damages

cost to the KTC vehicle. On scrutinizing the

reply filed by Workman, a penalty of recovery of

Rs. 300/- was imposed vide order dated 30-08-2001

with warning for non-repeatance in future, issued

charge-sheet dated 30-08-2001 committing the

accident to vehicle of the KTCL, thereby causing

damages of Rs. 10,000/- to KTCL vehicles, issued

charge-sheet dated 31-08-2001 for committing the

accident to KTC vehicle thereby causing damage

to KTCL vehicle at a tune of Rs. 6000/- beside

injuries to the travelling passengers. On

scrutinizing the reply filed by the Workman,

Workman was imposed a penalty of Rs. 3000/-

towards damage cost vide order dated 01-11-2001

with warning for non-repeatance in future, issued

charge-sheet dated 09-02-2006 for committing the

accident to the KTC vehicle by driving the vehicle

careless and negligent manner. The decision to

conduct the summary enquiry was taken vide order

dated 08-03-2005. On completion the enquiry, show

cause notice dated 27-08-2005 was issued

proposing the penalty of recovery of Rs. 17632/-

towards damage cost was issued. On scrutiny of

his reply a lenient view was taken and accordingly

a penalty of recovery was Rs. 8860/- was imposed

upon him vide order dated 20-09-2005 with warning

for non-repeatance of such instances in future,

issued charge-sheet dated 20-06-2005 for

disobedience of instructions of the Depot Manager

thereby causing hardship to the passengers of the

brake down vehicle. Considering the gravity of the

misconducts, Workman was placed under

suspension vide order dated 18-06-2005 pending

departmental enquiry and final action. The

suspension order issued to Workman was revoked

vide order dated 8-7-2005 vide order issued

20-07-2005, the departmental enquiry was

instituted.

6. The Employer stated that the Workman was

on duty on route Vasco to Panaji (shuttle) on its

vehicle bearing No. GA-01-X-0306 on 15-08-2005

and on reaching near Zuari bridge (Agassaim) at

15.00 hours, met with an accident causing injuries

to13 passengers travelling in the bus as well as to

himself, besides damaging the said vehicle bearing

No. GA-01-X-0306 totally. The Employer stated that

the accident took place when the Workman drove

the vehicle in an extremely speedy manner and

failed to control the same, whereby the vehicle

veered off to the right side of the road and turned

turtle and struck an electric pole and finally rested

on a big tree with all four wheels in an upward

direction. The Employer stated that at the

preliminary inspection of the accident site, it was

OFFICIAL GAZETTE — GOVT. OF GOA

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694

observed that the accident occurred due to

careless, rash and negligent driving of the

Workman which resulted in injuries to the

passengers and total damage to its vehicle.

7. The Employer stated that the Workman was

placed under suspension vide order dated

26-10-2005 pending departmental enquiry.

The Workman was also issued charge-sheet dated

26-10-2005 directing him to file his say within 7

days from the receipt of the said charge-sheet. The

Employer stated that the Workman has filed its

reply dated 02-11-2005. The Employer stated that

the Workman participated in the enquiry alongwith

his representative. The Employer stated that the

enquiry was conducted in accordance with the

principles of natural justice and the Enquiry Officer

has acted judicially and impartially. The Employer

stated that all the charges levelled against the

Workman have been proved in the said enquiry.

The Employer stated that the Workman was issued

a show-cause notice dated 16-10-2006, as to why

he should not be dismissed from its service. The

Employer stated that the Workman filed his reply

dated 16-10-2006 to the said show-cause notice.

The Employer stated that its disciplinary authority

found the said reply dated 16-10-2006 filed by the

Workman to be unsatisfactory. The Employer stated

that the disciplinary authority, after considering

the past unsatisfactory performance of the

Workman and considering all the circumstances of

the case viewed that the Workman does not deserve

a lenient view and therefore dismissed him from

service by its order dated 20-11-2007. The Employer

crave leaves of this Hon’ble Court that in the event

this court comes to the conclusion that the enquiry

conducted against the Workman is not fair and

proper on any of the grounds, in that event the

Employer be allowed to lead fresh evidence to prove

the charges of misconduct levelled against the

Workman. The Employer stated that the Workman

raised an industrial dispute vide its letter dated

12-02-2007 before the conciliation office Panaji-Goa

which ended in failure. The Employer denied the

overall case as pleaded by the Workman in its

statement of claim and prayed for dismissal of the

present claim of the Workman.

8. Thereafter, the Workman filed his re-joinder

on 27-02-2014 at Exb.13. The Workman, by way of

his Re-joinder, confirms and reiterates all his

submissions, averments and statements made in

his Claim Statement to be true and correct and

denied all the statements, averments and

submissions made by the Employer in its Written

Statement, which are contrary to the Statement

and averments made in his Claim Statement.

9. Based on the pleadings filed by the parties

herein above, the Hon’ble Presiding Officer,

Industrial Tribunal-cum-Labour Court framed the

following issues on 14-08-2014 at Exb. 15.

1. Whether the Party I proves that the domestic

enquiry held against him is not fair and proper?

2. Whether the charges of misconduct leveled

against the Workman are proved to the

satisfaction of this Tribunal by acceptable

evidence?

3. Whether the Party I proves that the termination

of his services by the Party II vide order dated

20-01-2007 is illegal and unjustified?

4. Whether the Party I proves that he is

unemployed from the date of his dismissal?

5. What relief? What Award?

10. My answers to the aforesaid issues are as

under:

(a) Issue No. 1

: In the affirmative.

(b) Issue No. 2

: Partly in the affirmative

and Partly in the negative.

(c) Issue No. 3

: In the negative.

(d) Issue No. 4

: Does not arise.

(e) Issue No. 5

: In the negative.

I have heard the oral arguments of Ld. Adv. Shri

A. Kundaikar appearing for the Workman as well

as Ld. Adv. Shri A. Palekar appearing for the

Employer.

11. Ld. Adv. Shri A. Kundaikar, representing the

Workman, during the course of his oral arguments

submitted that the Workman under reference was

working as driver with Employer since the year

1985. He submitted that the Employer is governed

by its Certified Standing Orders. He submitted that

Clause 24 as well as 29 of the Certified Standing

Orders of the Employer on record provides for

termination of employment as well as punishment

for misconduct respectively. He submitted that vide

order dated 14-03-2018 passed in the findings on

the preliminary issue No. 1 and 2, this court has

held that a fair and proper enquiry was conducted

against the Workman in accordance with the

principles of natural justice read with Certified

Standing Orders of the Employer and that the

management of the Employer Corporation could

prove the only charges of misconduct i.e. X-Rash

and negligent driving resulting in death of or injury

to the persons or damage to properties and the

rest of the charges of misconduct have not been

proved to the satisfaction of this court by

acceptable evidence. He submitted that the charge

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695

of over speeding has not been proved by an

acceptable evidence and as such the charge of

rash and negligent driving also cannot be said to

be proved. He submitted that the Workman was

acquitted in a criminal case in a charge of rash

and negligent driving and as such no misconduct

can be said to be proved. He submitted that there

is no mitigating circumstances to dismiss the

Workman from service of the Employer. He

submitted that the punishment of dismissal from

service imposed on the Workman is too harsh and

disproportionate to the proved misconduct taking

into consideration the factor of proportionality of

punishment. He submitted that the punishment of

dismissal from service imposed upon the Workman

amounts to economic death of the Workman as

well as his family for the alleged acts of misconduct

of rash and negligent driving on his part. He

submitted that even the criminal courts do not

empower to issue major punishment for the alleged

offence of rash and negligent driving. He submitted

that no past records of the Workman have been

proved. He submitted that similarly, the damages

has not been quantified. He therefore submitted

that taking into consideration the proved charges

of misconduct of rash and negligent driving only,

a punishment of dismissal from service imposed on

the Workman be set aside and the Workman be

reinstated in service with full back wages and

continuity in service. In support of his oral

contention, Ld. Adv. Shri A. Kundaikar relied upon

the following judgments of the Hon’ble Apex Court.

(a) In the case of Tata Cellular v/s. Union of

India, reported in AIR 1996 SC 11.

(b) In the case of Bhagat Ram v/s. State of

H. P. and Ors., reported in AIR 1983 SC 454.

(c) In the case of Ranjit Thakur v/s. Union of

India and Ors., reported in 1987 SC 2386.

(d) In the case of Om Kumar and Ors., v/s.

Union of India, reported in AIR 2000 SC

3689.

(e) In the case of Deepali Gundu Surwase v/s.

Kranti Junior Adhyapak Mahavidyalaya

(D.Ed) and Ors., reported in 2014 II CLR

813.

He also relied upon a judgment of Hon’ble High

Court of Bombay in the case of M/s. Rajkamal

Transport v/s. Rajendra A. Pardiwala and Anr.,

reported in 1997 (4) ALL MR 294.

12. Per contra, Ld. Adv. Shri A. Palekar,

representing the Employer, during the course of

his oral arguments submitted that the Workman

under reference was appointed as driver in its

service since the year 1985. He submitted that vide

order dated 14-03-2018 passed in the findings on

the preliminary issue No. 1 and 2, this court has

held that a fair and proper enquiry was conducted

against the Workman in accordance with the

principles of natural justice read with Certified

Standing Orders of the Employer and that the

management of the Employer Corporation could

prove the only charges of misconduct i.e. X-Rash

and negligent driving resulting in death of or injury

to the persons or damage to properties and the

rest of the charges of misconduct have not been

proved to the satisfaction of this court by

acceptable evidence. He submitted that ever since

his appointment, the Workman used to be involved

in many acts of misconduct/accidents. He

submitted that the Workman was issued several

memorandums, warnings as well as minor

punishment etc. in the past. He submitted that in

spite of giving several opportunities to the

Workman, he had not shown any sign of

improvement. He submitted that the disciplinary

authority of the Employer after considering the

past unsatisfactory performance of the Workman

as well as considering all the circumstances of the

case viewed that the Workman does not deserve a

lenient view and therefore dismissed him from

service by its order dated 20-11-2007. He submitted

that the said action of the disciplinary authority of

the Employer is just, fair and proper and

proportionate to the proved charges of misconduct

levelled against the Workman. He submitted that

acquittal of the Workman in criminal case has no

bearing in the disciplinary proceedings instituted

against him. He submitted that in a criminal case,

the prosecution has to prove its case beyond

reasonable doubt and any suspicious/doubt in the

prosecution case results in acquittal. He submitted

that however, in a departmental proceedings, the

Employer has to prove a case on preponderance of

probabilities. He therefore submitted that the

acquittal of the Workman in criminal case if any

has no bearing in the disciplinary proceedings. He

submitted that the judgments relied upon by the

Ld. Adv. Shri A. Kundaikar, appearing for the

Workman has no application to the case in hand as

the facts of the case as well as the past misconduct

of the Workman are totally different. He finally

submitted that the punishment of dismissal from

service imposed upon the Workman is just, fair and

proper taking into consideration the past record of

the Workman and prayed for dismissal of the

present reference.

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I have carefully perused the entire records of

the present case. I have also carefully considered

the legal submissions advanced by the

Ld. Advocates appearing for the respective parties.

13. Issue No. 1 and 2:

Vide order dated 14-03-2018 passed in my

findings on preliminary issue No. 1 and 2, I have

discussed and came to the conclusion that a free,

fair and proper enquiry was conducted against the

Workman in accordance with the principles of

natural justice read with provisions of Certified

Standing Orders of the Employer and that the

management of the Employer Corporation could

successfully prove the only charge of misconduct

i.e. X-Rash and negligent driving resulting in death

of or injury to persons or damage to properties and

rest of the charges have not been proved at all to

the satisfaction of this court by an acceptable

evidence. The issue No. 1 is therefore answered in

the affirmative and issue No. 2 is answered partly

in the affirmative and partly in the negative.

14. Issue No. 3:

It is the Workman who has challenged his order

of dismissal by raising an industrial dispute. It was

therefore incumbent upon the Workman to prove

that the said order of dismissal issued to him is

illegal as well as unjustified by leading cogent

evidence.

While deciding the issue No. 2 hereinabove, I

have discussed and came to the conclusion that

the management of the Employer Corporation could

successfully prove the only charge of misconduct

i.e. X-Rash and negligent driving resulting in death

of or injury to persons or damage to properties and

rest of the charges have not been proved at all to

the satisfaction of this court by an acceptable

evidence.

15. The Employer has produced on record its

Certified Standing Orders at Exb. 33. Clause 29 of

the CSO provides for punishment for misconduct.

In terms of the said Clause 29 of the CSO a workman

guilty of misconduct may be warned or censored

or fined (subject to provisions of the Payment of

Wages Act, 1936, as amended from time to time),

subjected to stoppage of increments with or

without cumulative effect, demoted to a junior

category or lower grade, suspended without pay

for a period not exceeding eight days at a time,

discharged from service without notice or payment

in lieu of notice, stoppage of or withholding of

promotion for one year and dismissal without notice

of any compensation in lieu of notice. In terms of

Clause 29 (III) of the CSO, in awarding punishment

under these Standing Orders, the manager shall

take into account the gravity of the misconduct,

the previous records, if any of the Workman

and any other extenuating or aggravating

circumstances that may exists. In terms of Clause

30 of the CSO “misdemeanour-a workman may be

warned, censored or fined for any of the following

acts and omissions (which are illustrative and not

exhaustive) such as absence without leave or

without sufficient cause, late attendance,

negligence in performing duties, neglect of work,

absence without leave or without sufficient cause

for the appointed place of work, entering or leaving

or attempting to enter or leave the premises of the

establishment except by a gate or entrance

appointed, committing nuisance on the premises

of the establishment and breach of any rule for

instruction for maintenance or running of any

department provided that no workman shall be

fined except in accordance with the provisions of

the Payment of Wages Act, where the provisions of

the said Act, 1936 where the provisions of the said

Act are applicable to him.

16. In the case in hand, the Workman was

appointed as driver in the year 1985 on daily wages

w.e.f. 21-11-1985. The Workman was taken on

probation w.e.f. 01-11-1986. The Workman was

dismissed by order dated 20-01-2007 (Exb. 27). The

said dismissal order on record indicates that the

past record, he was involved in number of accident

cases of fatal, major as well as minor nature, causing

fatalities, injuries to the passengers as well as

damages to the Employer Corporation as well as

third party vehicles and that the Workman has

been warned, fined, after initiating necessary

enquiries against him. The said document at

Exb. 27 further stated that inspite of above, the

Workman has not shown any improvement in his

performance and continue to commit accidents

while on duty and that in few cases, the

departmental have been ordered and still in

progress against the Workman. The Workman has

however, failed to produce on record any material

evidence in support of any of his submissions that

the action of the Employer in dismissing him from

service is illegal and unjustified and/or that the

dismissal from service of the Workman is

disproportionate to the alleged misconduct

committed by him and/or that his past records is

unblemished and/or any other grounds of his

challenge as pleaded in his claim statement.

17. Further, the Workman had filed an appeal

against the dismissal order dated 20-01-2007 passed

by the Employer, which has been disposed off by

order dated 31-08-2007 (Exb. 26). The said document

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697

at Exb. 26 on record indicates that the Workman

has committed an accident causing injuries to him

and thirteen passengers as well as total damages

to the Employer vehicle and therefore he is fully

responsible for the said accidents and consequent

injuries caused to him and passengers as well as

damages to the Employer vehicle. The said order

at Exb. 26 further reiterates the past records of the

Workman has been involved in number of accident

cases fatal, major as well as minor nature, causing

fatalities/injuries to passengers as well as damages

to the Employer as well as third party vehicle and

that the Workman has been warned, fined after

initiating necessary enquiries against him. The said

order at Exb. 26 further observed that the Workman

has been found driving under influence of alcohol

and he had also previously committed fatal

accidents and that his performance was not

satisfactory involving various accidents,

misbehavior etc. Further the Employer vide its letter

dated 20-11-2007 (Exb. 25) addressed to the

Dy. Labour Commissioner, Margao, Goa, filed the

written reply to the Industrial Dispute raised by

the Employer. The said document at Exb. 25 on

record indicates that ever since the appointment

of the Workman, was involved in many acts of

misconducts and that as and when his misconduct

was reported, he was imposed minor punishment

with a view to improve himself and perform his

duties sincerely. The said document on record

indicates that the Workman was involved in 25

misconducts as pleaded in para 2 of its written

statement.

18. The aforesaid documentary evidence on

record indicates that the action of the Employer in

dismissing from the services of the Workman vide

its order dated 20-01-2007 is just, fair and proper in

accordance with the Certified Standing Orders of

the Employer. The said action of the Employer in

dismissing the Workman is proportionate to the

misconduct committed by the Workman taking into

consideration his past records.

19. Ld. Adv. Shri A. Kundaikar, appearing for the

Workman, submitted that the Workman was

acquitted in criminal case in a charge of rash and

negligent driving. However, I do not find any merits

in the submission of Ld. Adv. Shri A. Kundaikar

and hence, the same are rejected.

20. In the case of Tata Cellular (supra) of Hon’ble

Apex Court has held that “judicial review is

concerned with reviewing not the merits of the

decision in support of which the application of

judicial review is made but the decision making

process itself. The duty of the court is to confine

itself to the question of legality. Its concern should

be”

The principle laid down by the Hon’ble Apex

Court is not applicable to the case in hand as the

facts of the case before the Hon’ble Apex Court is

totally different than the case in hand.

21. In the case of Bhagat Ram (supra), the

Hon’ble Supreme Court of India in para 70 of its

judgment held as under:

“70. In this context, we shall only refer to these

cases. In Ranjit Thakur v/s. Union of India

(1978) 4 SCC 611: (AIR 1987 SC 2386: 1988

Cri LJ 158), this Court referred to

‘proportionality’ in the quantum of

punishment but the court observed that

the

punishment

was

‘shockingly’

disproportionate to the misconduct proved.

In B.C. Chaturvedi v/s. Union of India (1955)

6 SCC 749: (1995 AIR SCW 4374: AIR 1996

SC 484: 1996 Lab IC 462), this court stated

that the court will not interfere unless the

punishment awarded was one which

shocked the conscience of the court, even

then, the court would remit the matter back

to the authority and would not normally

substitute one punishment for the other.

However, in rare situations, the court could

award an alternative penalty. It was also so

stated in Ganayutham.

71. Thus, from the above principles and decided

cases, it must be held that where an

administrative decision relating to

punishment in disciplinary cases is

questioned as ‘arbitrary’ under Art. 14, the

court is confined to Wednesday principles

as a secondary reviewing authority. The

court will not apply proportionality as a

primary reviewing court because no issue

of

fundamental

freedoms

nor

of

discrimination under Art. 14 applies in such

a context. The court while reviewing

punishment and if it is satisfied that

Wednesbury principles are violated, it has

normally to remit the matter to the

Administrator for a fresh decision as to the

disciplinary proceedings and in the time

taken in courts, and (in) such extreme or

rare cases can the court substitute its own

view as to the quantum of punishment.”

22. In the case of Rajendra A. Pardiwala (supra),

the Hon’ble High Court of Bombay has held that

“According to the claim made by the workman in

the said Reference, he was victimized. He has also

pleaded that the domestic enquiry was not fair and

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698

proper. He also pleaded in the said reference that the

punishment was disproportionate. By way of Party I

award dated 1st December, 1993, the Industrial

Tribunal found that the enquiry was fair and proper.

However, the parties filed a purshis before the

Industrial Tribunal and they did not lead any oral

evidence thereafter for the purposes of proving the

propriety of the order of punishment or

victimization or malafides etc. Ultimately, on 7th

January, 1994, the Labour Court passed an award

being part-II award. The Labour Court found that

the workman was guilty of misconduct. However,

the Labour Court found that the punishment by

way of dismissal was not warranted and in the

circumstances, the Labour Court directed

reinstatement with 50% back wages and continuity

of service. Being aggrieved by the part-II award dated

7th January, 1994, the above two writ petitions

have been filed. On 14th February, 1995 this court

directed the employer to pay wages under Section

17B of the Industrial Disputes Act and it is not in

dispute that from 14th February, 1995, the order is

implemented and the workman has been receiving

wages under Section 17B of the said Act, 1947.”

The principle laid down by the Hon’ble Apex

Court in its aforesaid cases respectively are not

applicable to the case in hand.

In view of above, it is held that the Workman

failed to prove that the action of the Employer in

dismissing him from services vide order dated

20-01-2007 is illegal and unjustified. The issue

No. 3 is therefore answered in the negative.

23. Issue No. 4 and 5:

While deciding the issue No. 4, herein above I

have discussed and came to the conclusion that

the action of the Employer in dismissing

the services of the Workman vide order dated

20-01-2007 is just, legal and proper. The question of

proving of the fact that the Workman was

unemployed from the date of his dismissal does

not arise. The Workman is therefore not entitled to

any relief. The issue No. 4 is therefore answered as

does not arise. The issue No. 5 is therefore answered

in the negative.

In view of the above, I proceed to pass the

following order:

ORDER

1. It is held that the action of M/s Kadamba

Transport Corporation Ltd., Porvorim, Goa, in

dismissing from services Shri Menino Dias,

Driver, vide their order dated 20-01-2007 is legal

and justified.

2. The Workman, Shri Menino Dias, is not entitled

to any relief.

3. No order as to costs

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II.

———uuu———

Department of Personnel

—

Order

No. 13/17/2016/PER/3159

Governor of Goa is pleased to grant extension in

service to Shri S. P. Singnapurkar, Junior Scale

Officer of Goa Civil Service and presently posted as

Special Land Acquisition Officer, Public Works

Department; beyond the date of his superannuation

for further period of six months w .e. f. 01-12-2018

to 31-05-2019 in public interest. The said extension

in service is subject to Vigilance Clearance,

Concurrence of Finance Department and approval

of Council of Ministers.

The extension is further subject to termination

without assigning any reasons at any time during

the period of extension.

By order and in the name of the Governor of

Goa.

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

Porvorim, 30th November, 2018.

________

Order

No. 4/12/85-PER-Vol.I/3160

Consequent upon the superannuation of

Shri Nelson X. Figueiredo, Director of Agriculture

on 30-11-2018 Shri Madhav B. Kelkar, presently on

deputation as Managing Director, Goa State

Horticulture Corporation Ltd. shall hold the charge

of the post of Director in the Directorate of

Agriculture, Panaji on officiating basis with

immediate effect in addition to his own duties until

further orders.

By order and in the name of the Governor of

Goa.

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

Porvorim, 30th November, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 37

13TH DECEMBER, 2018

699

Department of Power

Office of the Chief Electrical Engineer

—

Order

No. CEE/Estt-01-11-2010/S.E.I(Depu)/Vol.I/2888

Government is pleased to employ Shri

Radhakrishna Keny, retired Executive Engineer

(Elect.) as Electrical Inspector, under State

Electrical Inspectorate, Government of Goa in the

pay matrix level 12 on contract basis for the period

of six months from the date he resumes for duty.

2. His pay in the re-employed post shall be fixed

in terms of C.C.S. (Fixation of Pay of Re-employed

Pensioners) Orders, 2016.

3. His appointment is subject to an agreement

to be executed specifying the terms and conditions

of his re-employment.

4. The expenditure on his pay and allowances

shall be debited to the Demand No. 76, Head of

Account: 2801—Power; 80—General; 800—Others

Expenditure; 02—State Electrical Inspectorate

(Non Plan); 01—Salaries.

5. The issues with the approval of the

Administrative Reforms Department vide No. 9/18/

/IDCO/2018-ARD/379 dated 23-11-2018.

By order and in the name of the Governor of

Goa.

Reshma Mathew, Chief Electrical Engineer & ex

officio Additional Secretary.

Panaji, 30th November, 2018.

________

Order

No. CEE/Estt-33(C)/2907

Read: Order No. CEE/Estt-33(C)/583 dated

16-05-2018.

In supersession of Order No. CEE/Estt-33 (C)/583

dated 16-05-2018, read above the Departmental

Selection Committee and Departmental Promotion

Committee for Group “C” posts in the Electricity

Department is hereby re-constituted as under with

immediate effect and until further orders:-

1. Chief Electrical Engineer,

— Chairman.

Electricity Department,

Panaji

2. Director (Admn.)/Dy. Director

— Member.

(Admn.), Office of the Chief

Electrical Engineer, Panaji

3. Executive Engineer (Elect.),

— Member.

Division XIII, Kadamba

Plateau

By order and in the name of the Governor of

Goa.

Reshma Mathew, Chief Electrical Engineer & ex

officio Additional Secretary.

Panaji, 4th December, 2018.

———uuu———

Department of Revenue

Office of the Collector & District Magistrate

South Goa District

—

Order

No. 55/2/2018/CAB/PwD Act/14206

Sub.: Implementation of Rights of Persons with

Disabilities Act, 2016.

Whereas, Section 7 of the Rights of Persons with

Disabilities Act, 2016 (Central Act No. 49 of 2016)

designates the Executive Magistrate, within his

jurisdiction as the designated Protective Officer for

the purpose of said Section.

And whereas, Section 23 of the said Act,

authorises every Government establishment for

appointment of a Grievance Redressal Officer for

the purpose of Ss. 19 and 20 of the said Act.

Now therefore, in exercise of powers conferred

under Section 23 of the Rights of Persons with

Disabilities Act, 2016, I, the undersigned hereby

appoint every Taluka Mamlatdar within South Goa

District as the Grievance Redressal Officer under

the said Act, for the respective area under his/her

jurisdiction.

This Order shall come into force with immediate

effect.

Dr. Tariq Thomas, IAS, Collector & District

Magistrate South Goa District, Margao.

Margao, 10th December, 2018.

———uuu———

Department of Women & Child Development

Directorate of Women & Child Development

__

Order

No. 4-3-2008/DWCD/Part/8262

Read:

Offer of appointment No. 4-3-2008/DWCD/

/Part/5134 dated 08-08-2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 37

13TH DECEMBER, 2018

700

On the recommendation of the Goa Public

Service Commission vide their letter No. COM/I/5/

/59 (1)/2018/152 dated 10-07-2018, Government of

Goa is pleased to appoint Ms. Swati Suresh Prabhu

to the post of Social Welfare Officer/Child

Development Project Officer (Group ‘B’ Gazetted)

under General category in the Directorate of

Women & Child Development, Panaji-Goa on

officiating basis, in the Pay Matrix Level 6 plus

other allowances as admissible with effect from the

date of her joining. She is posted as Child

Development Project Officer at WCD Block Office,

Ponda thereby relieving Smt. Pratibha Malik, Child

Development Project Officer, WCD Block Office

Ponda from additional charge and shall join duties

within 8 days from the date of receipt of this order.

In the event of any adverse matter noticed by

the Government on verification of genuineness of

the certificates/documents, her services will be

terminated.

The above appointment is subject to the terms

and conditions stipulated in the offer of

appointment.

Ms. Swati Suresh Prabhu will be on one month

training under CDPO WCD Block office, Mormugao.

Ms. Swati Suresh Prabhu shall be on probation

for a period of two years.

The expenditure in respect of above post

shall be debited to the Budget Head of Account

“2235-02-102-03-01-” under Demand No. 58.

By order and in the name of the Governor

of Goa.

Dipak Desai, Director & ex officio Joint Secretary,

(Women & Child Development).

Panaji, 4th December, 2018.

________

Order

No. 4-3-2008/DWCD/Part/8263

Read: Offer of appointment No. 4-3-2008/DWCD/

/Part/5135 dated 08-08-2018.

On the recommendation of the Goa Public

Service Commission vide their letter No. COM/I/5/

/59 (1)/2018/152 dated 10-07-2018, Government of

Goa is pleased to appoint Ms. Gauri Uddesh Parob

to the post of Social Welfare Officer/Child

Development Project Officer (Group ‘B’ Gazetted)

under General category in the Directorate of

Women & Child Development, Panaji-Goa on

officiating basis, in the Pay Matrix Level 6 plus

other allowances as admissible with effect from the

date of her joining. She is posted as Child

Development Project Officer at WCD Block Office,

Quepem against the vacant post and shall join

duties within 8 days from the date of receipt of this

order.

In the event of any adverse matter noticed by

the Government on verification of genuineness of

the certificates/documents, her services will be

terminated.

The above appointment is subject to the terms

and conditions stipulated in the offer of

appointment.

Ms. Gauri Uddesh Parob will be on one month

training under CDPO WCD Block office, Salcete.

Ms. Gauri Uddesh Parob shall be on probation

for a period of two years.

The expenditure in respect of above post

shall be debited to the Budget Head of Account

“2235-02-102-03-01-” under Demand No. 58.

By order and in the name of the Governor

of Goa.

Dipak Desai, Director & ex officio Joint Secretary,

(Women & Child Development).

Panaji, 4th December, 2018.

________

Order

No. 4-3-2008/DWCD/Part/8264

Read: Offer of appointment No. 4-3-2008/DWCD/

/Part/5133 dated 08-08-2018.

On the recommendation of the Goa Public

Service Commission vide their letter No. COM/I/5/

/59 (1)/2018/152 dated 10-07-2018, Government of

Goa is pleased to appoint Ms. Sweta alias Sonam

Govind Parulekar to the post of Social Welfare

Officer/Child Development Project Officer (Group

‘B’ Gazetted) under OBC category in the Directorate

of Women & Child Development, Panaji-Goa on

officiating basis, in the Pay Matrix Level 6 plus

other allowances as admissible with effect from the

date of her joining. She is posted as Child

Development Project Officer at WCD Block Office,

Bicholim thereby relieving Smt. Rupa Dalvi, Child

Development Project Officer, WCD Block Office,

Bicholim from additional charge and shall join

duties within 8 days from the date of receipt of this

order.

In the event of any adverse matter noticed by

the Government on verification of genuineness of

the certificates/documents, her services will be

terminated.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 37

13TH DECEMBER, 2018

701

The above appointment is subject to the terms

and conditions stipulated in the offer of

appointment read above.

Ms. Sweta alias Sonam Govind Parulekar will be

on one month training under CDPO WCD Block

office, Tiswadi.

Ms. Sweta alias Sonam Govind Parulekar shall

be on probation for a period of two years.

The expenditure in respect of above post

shall be debited to the Budget Head of Account

“2235-02-102-03-01-” under Demand No. 58.

By order and in the name of the Governor

of Goa.

Dipak Desai, Director & ex officio Joint Secretary,

(Women & Child Development).

Panaji, 4th December, 2018.

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