Panaji, 27th December, 2018 (Pausa 6,1940)

SERIES II No. 39

RNI No. GOAENG/2002/6410

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

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

729

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Environment

—

Order

No. 1/20/18-PCB/Lab-13798/743

Sub.: Preparation an action plan for “Restoration

of polluted riverine-stretches”.

Ref.: 1. Order dated 20-9-2018 issued by the

Hon’ble National Green Tribunal in the

matter of Application No. 673/2018.

2. No. Tech/45(A)/RPRS/RDS/2018-19/1311

dated 12-10-2018 letter issued by the

CPCB.

In supersession earlier sanction order issued

vide Order No. 1/20/18-PCB/Lab-13795/667 dated

21-11-2018, the State Government hereby

constitutes the River Restoration Committee with

the following members.

1. The Secretary (Environment)

— Chairman.

2. The Director, Directorate

— Member.

of Urban Development

3. The Director, Department of

— Member.

Environment

4. The Chief Engineer, Water

— Member.

Resources Department

5. The Director, Directorate of

— Member.

Industries, Trade & Commerce

6. The Director, Directorate of

— Member.

Health Services

7. The Director, Directorate of

— Member.

Panchayats, Panaji-Goa

8. The Superintending Engineer, — Member.

Circle-V, North Goa

9. The Superintending Engineer, — Member.

Circle-VI, South Goa

10. The Managing Director,

— Member.

Sewerage Infrastructure

Development Corporation

Goa Ltd.,

11. The Project Director, Japan

— Member.

International Co-operation

Agency (JICA), PWD, Altinho,

Panaji

12. The Member Secretary, Goa

— Member

State Pollution Control Board

Secretary

(GSPCB)

of the

committee.

The said committee will prepare an Action Plan

for restoration of the polluted riverine stretches

identified by the Central Pollution Control Board/

/Goa State Pollution Control Board and file progress

report on or before 15-12-2018. The Action Plan

shall be comply with the detailed direction of

Hon’ble NGT dated 20-09-2018 in W. P. No. 673

of 2018.

The Goa State Pollution Control Board (GSPCB)

shall upload the information of the polluted

restoration and invite public to participation from

education institution/religious institution/common

establishment in website.

This is issued with the approval of the State

Government vide U.O. No. 9318 dated 31-10-2018.

By order and in the name of the Governor of

Goa.

Ravi Jha, IAS, Director (Environment).

Porvorim, 26th December, 2018.

________

Order

No. 1/20/18-PCB/Lab-13798/744

Sub.: Preparation an action plan for “Restoration

of polluted riverine-stretches”.

Ref.: 1. Order dated 20-9-2018 issued by the

Hon’ble National Green Tribunal in the

matter of Application No. 673/2018.

2. No. Tech/45(A)/RPRS/RDS/2018-19/1311

dated 12-10-2018 letter issued by the

CPCB.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

730

In pursuance to the order of Hon’ble National

Green Tribunal (NGT) cited (1) above, the State

Government hereby constitutes Special Environ-

ment Surveillance Task Force with the following

members:

For North Goa District

1. District Magistrate (North)

— Chairman.

2. Superintendent of Police

— Member.

(North)

3. Dr. Mohan Girap, Scientist ‘C’ — Member.

GSPCB

For South Goa District

1. District Magistrate (South)

— Chairman.

2. Superintendent of Police

— Member.

(South)

3. Mrs. Jenica Sequirra,

— Member.

Scientist ‘C’ GSPCB

Note: Special Environment Surveillance Task

Force will ensure that the no illegal mining

take place in the river belt of polluted

stretches as provided in the list attached to

this order.

This is issued with the approval of the State

Government vide U.O. No. 9318 dated 31-10-2018.

By order and in the name of the Governor of

Goa.

Ravi Jha, IAS, Director (Environment).

Porvorim, 26th December, 2018.

———uuu———

Department of Labour

__

Notification

No. 28/3/2018-LAB/Part-I/808

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

20-11-2018 in reference No. IT/11/16 is hereby

published as required by Section 17 of the

Industrial Disputes Act, 1947 (Central Act 14 of

1947).

By order and in the name of the Governor of

Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 17th December, 2018.

IN THE INDUSTRIAL AND LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/11/16

Shri Surendra R. Naik

& 9 Others,

Rep. by United Bargemen

Association,

Damodar Polyclinic, 3rd Floor,

Fr. Joseph Vaz Road,

Vasco-da-Gama-403 802.

…

Workmen/Party I

V/s

M/s. Vishal Shipping

Co. Pvt. Ltd.,

Flat No. 4, 3rd Floor,

Queeny Elite,

Vasco-da-Gama, 403 802.

…

Employer/Party II

Workmen/Party I represented by Ld. Adv. Shri

Suhaas Naik.

Employer/Party II ex-parte.

AWARD

(Delivered on this the 20th day of the month

of November of the year 2018)

By Order dated 22-12-2015, bearing No. 28/54/

/2015-LAB/1083, the Government of Goa in exercise

of powers conferred by Section 10 (1)(d) of the

Industrial Disputes Act, 1947 (for short The Act),

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of

M/s Vishal Shipping Co. Private Limited,

Vasco-da-Gama, Goa, in terminating the

services of following workmen, with effect

from 16-09-2012, is legal and justified?

Sr.

Name

Designation

No.

1. Shri Surendra R. Naik

Master

2. Shri Jagdish Devskar

Master

3. Shri Pradeep Sharma

Driver

4. Shri Manjunath Gaonkar

Driver

5. Shri Banudas Naik

Sukani

6. Shri Ramakant Majalikar

Sukani

7. Shri Digamber Naik

Oil Man

8. Shri Prakash Pawar

Oil Man

9. Shri Premanand

Sailor

10. Shri Dharamraj Bind

Sailor

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

entitled?”

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

731

2. Upon receipt of the reference, it was registered

as IT/11/16 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exhibit 4.

3. In short, the case of the Party I is that the

Party I workmen were employed on M. V. Mahima

Barge No. MRH 611 owned by Party II and Party I

were primarily engaged in transporting iron ore.

All the workmen have been working with Party II

continuously for many years since their initial date

of joining and were paid monthly salary. However,

suddenly the management laid down the barge

under the pretext of annual repairs from 1-7-2012

by notice dated 2-7-2012 and advised the crew to

disembark from the said barge and thereafter from

16-9-2012 refused employment to Party I workmen

and failed to pay them their monthly salaries. The

Party I workmen pleaded with the employer not to

refuse them the employment so as to enable them

to maintain themselves and their families. The

workmen patiently waited from July, 2012 to

December, 2012 for the responses of Party II

employer, however the Party II did not respond and

as such the Party I workmen raised an industrial

dispute before the office of the Commissioner of

Labour asking for the intervention. The Party II

failed to resolve the dispute and it ended in failure

as Party II did not attend the proceedings before

the Commissioner, Labour. The refusal of the

employment to the workmen is illegal, unjustified

and bad in law. The Party II has not given any

compensation of whatsoever nature to Party I and

neither paid their pending dues. The action of

Party II in refusing employment is illegal,

unjustified and bad in law. Hence, the reference.

4. It is a matter of record that the Party II was

served a notice which was returned unclaimed on

18-2-2016. It is also seen that notice under

certificate of posting was also sent, however none

present on behalf of Party II. It is also a matter of

record that on 27-6-2016, a fresh notice was issued

to Party II by registered post A/D, which was again

returned with postal remarks ‘unclaimed,

intimated, returned to sender’. The Party I thereafter

submitted a fresh address of Party II and

accordingly, a fresh notice was issued on the said

address, however it was again returned back with

same endorsement by postal authorities

‘unclaimed, intimated, returned to sender’. It was

therefore found expedient to proceed ex-parte

against Party II.

5. Issues framed at Exhibit 11 are as follows:

(1) Whether the Party I proves that the action

of the Party II in terminating their services

w.e.f. 16-9-2012 is illegal and unjustified?

(2) Whether the Party I proves that they are

entitled for reinstatement in services with

full back wages and continuity in services

with all other consequential benefits?

(3) What relief? What Order?

6. In the course of evidence, the Party I examined

Shri Surendra R. Naik as witness No. 1 and

produced on record copies of industrial disputes

dated 28-12-2012 and 3-4-2013 raised by the Party

I workmen at Exb. 11 colly, a copy of notice dated

22-1-2013 issued by ALC at Exh. 12, a copy of

complaint dated 8-8-2015 filed by United

Bargemen’s Association at Exh. 13, a copy of

complaint dated 7-8-2015 filed before Superinten-

dent of Police at Exh. 14, a copy of minutes of the

conciliation proceedings held before the ALC at

Exh. 15, a copy of certificate issued by the Party II

at Exh. 16, copies of salary slips of Surendra Naik

for the month of Feb. 2012, March 2012, May 2012

and June 2012 at Exh. 17 colly, copies of salary slip

of Jagdesh Deusekar and certificate of second class

master issued by Govt. of Goa at Exh. 18 colly, a

copy of salary slip of Pradeep Kumar Sharma and

certificate issued by Govt. of Goa at Exh. 19 colly,

a copy of salary slip of Bhanudas Naik along with

letter dated 16-9-2012 at Exh. 20 colly, a copy of

salary slip of Dharamraj Bind along with entry

permit at Exh. 21 colly, a copy of salary slip of

Digamber Naik along with entry permit at Exh. 22

colly, a copy of salary slip of Premanand Naik along

with entry permit at Exh. 23 colly, copies of salary

sheet of all the workmen for the month of Dec. 2009

at Exh. 24 colly. The Party I also examined

Shri Jagdish Deushekar, Shri Ramakant Majalekar,

Shri Digamber Naik, Shri Bhanudas Naik and

Shri Dharamraj Bind.

7. Heard arguments. Notes of Written arguments

came to be placed on record by the Party I.

8. I have gone through the records of the case

and have duly considered the arguments advanced.

My answers with their findings and reasons thereof

are as follows.

Issue No. 1

…

In the Affirmative.

Issue No. 2

…

As per Final order.

Issue No. 3

…

As per Final order.

REASONS

Issue No. 1:

9. Discernibly, the Party I examined six witnesses

to prove its case. Shri Surendra R. Naik has deposed

that he along with 9 others have been refused

employment w.e.f. 16-9-2012 by Party II. He further

claimed that they were employed on the barge

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

732

M. V. Mahima as its crew which was primarily

engaged in transportation of iron ore. He claimed

that he was working as second class master. He

has also specified about the working of other

workmen, their date of joining, nature of duties

and the salaries paid to them. He also stated that

after they were refused employment, they

requested the Party II to pay their salaries and that

they waited patiently for the response and as no

response was given, their union raised an industrial

dispute. He has produced on record the documents

including a copy of complaint, minutes of

conciliation proceedings, the copies of salary slips

of workmen and the salary sheets of all the

workmen. The Party I also examined Shri Jagdesh

Deuskar who claimed that he was also working as

second class master. He has also corroborated the

case of Surendra Naik as regards to their date of

joining, nature of work, salary of all the workmen

and that they have been refused employment by

Party II.

10. Shri Ramakant Majalekar examined by

Party I claimed that he was working as Sukani on

the said barge. He has also specified the nature of

work and salary of other workmen. Shri Digamber

Naik has stated that he was working as Oilman

and that they filed the complaint in respect of

illegal refusal of employment w.e.f. 16-9-2012 by

the management. He has also specified the nature

of work, the date of joining and the salary being

paid by the management to the other workmen.

Shri Bhanudas Naik also claimed that he was

working as Sukani like Shri Ramakant Majalekar

and that they have been illegally refused their

employment by Party II. Shri Dharamraj Bind was

working as Sailor as claimed by him in affidavit in

evidence. He has also corroborated the case as

stated by other witnesses. Needless to mention,

the burden to prove the above issue lies on the

workmen. The Party I workmen have led oral as

well as documentary evidence to prove the above

issue. The Party I therefore, have sufficiently

discharged the burden of proving issue No. 1.

Hence, the above issue is answered in the

affirmative.

Issue No. 2 & 3:

11. Needless to mention, the Party I have proved

that the action of the Party II in terminating their

services w.e.f. 16-9-2012 is illegal and unjustified.

The next question therefore is what reliefs the

Party I is entitled to, once it is held that the

discharge/termination is illegal, whether the

Party I is entitled for re-instatement with full

back wages and continuity in service with

consequential benefits attached to the post or

adequate monetary compensation in lieu of

reinstatement and back wages. It has been

consistently held by the Hon’ble Apex Court that

relief by way of reinstatement with back wages is

not automatic, even if termination of an employee

is found to be illegal or is in contravention of the

prescribed procedure and that monetary

compensation in lieu of reinstatement and back

wages in cases of such a nature may be appropriate.

It is also well settled that the Court in appropriate

cases grant compensation in lieu of reinstatement

keeping in view the length of service rendered by

a workman, the wages that he was receiving during

that period, which would meet the ends of justice.

12. In the instant case, the Party I workmen at

Sr. No. 1 and 2 were working as Masters, Workmen

at Sr. No. 3 and 4 were working as Drivers, Workmen

at Sr. No. 5 and 6 were working as Sukanis, whereas,

Workmen at Sr. No. 7 and 8 were working as Oilmans

and Workmen at Sr. No. 9 and 10 were working as

Sailors. There is also no dispute that as per

documents, the workmen have been refused

employment since 2012 i.e. for last six years and

that their last drawn salary of Masters, Drivers,

Sukani, Oilmen and Sailors were Rs. 23,000/- per

month, Rs. 16,000/- per month, Rs. 15,000/- per

month, Rs. 12,000/- per month and Rs. 11,000/- per

month respectively. The evidence on record show

that the Party I workmen were refused service

without assigning any reasons and that they had

been working for last 15 years. There is no dispute

that the vessel ‘Mahima’ has been disposed and

that there are no vessels being operated by Party

II and therefore Party I are not entitled to

reinstatement in service.

13. There is no dispute that the Party I workmen

were summarily terminated without paying any

legal dues. There are salary slips on record showing

last drawn wages, the Party I workmen were

drawing at the time of refusal of service, according

to which Masters were drawing salaries of

Rs. 23,000/- per month; Drivers… Rs. 16,000/- per

month; Sukanis… Rs. 15,000/- per month; Oilmans…

Rs. 12,000/- per month and Sailors… Rs. 11,000/-

per month. Therefore, considering that the Party I

workmen had put in services of about 15 years of

service and they are not paid any compensation

since the date of refusal of service, i.e. for a period

of 6 years and that the Party I workmen were

earning the salary as stated above, it would

translate into salary for the Masters of Rs. 2,76,000/-

per annum, which would be around Rs. 16,56,000/-

(Rupees Sixteen lakhs fifty six thousand only)

representing wages for about 6 years and

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

733

considering that the said workmen would be

entitled for 50% of the total wages for said period,

it would translate into Rs 8,28,000/- (Rupees Eight

lakhs twenty eight thousand only). Similarly, salary

for the Drivers of Rs. 1,92,000/- per annum, would

be around Rs. 11,52,000/- (Rupees Eleven lakhs fifty

two thousand only) representing wages for about

6 years and considering that the said workmen

would be entitled for 50% of the total wages for the

period, it would translate into Rs. 5,76,000/- (Rupees

Five lakhs seventy six thousand only).

14. Similarly, salary for the Sukani of Rs. 1,80,000/-

per annum, would be around Rs. 10,80,000/- (Rupees

Ten lakhs eighty thousand only) representing

wages for about 6 years and considering that the

said workmen would be entitled for 50% of the

total wages for said period, it would translate into

Rs. 5,40,000/- (Rupees Five lakhs forty thousand

only). Similarly, salary for the Oilman of Rs. 1,44,000/

- per annum, would be around Rs. 8,64,000/- (Rupees

Eight lakhs sixty four thousand only) representing

wages for about 6 years and considering that the

said workmen would be entitled for 50% of the

total wages for said period, it would translate into

Rs. 4,32,000/- (Rupees Four lakhs thirty two

thousand only). Similarly, salary for the Sailor of

Rs. 1,32,000/- per annum, would be around

Rs. 7,92,000/- (Rupees Seven lakhs ninety two

thousand only) representing wages for about 6

years and considering that the said workmen

would be entitled for 50% of the total wages for

said period, it would translate into Rs. 3,96,000/-

(Rupees Three lakhs ninety six thousand only) and

having considered the nature of appointment, the

length of service and the time taken to settle the

dispute, ends of justice would be met, if the Party

I workmen are paid the above referred monetary

compensation to the workmen which would be

just, proper and equitable in the facts and

circumstances of the case. Hence, the above issues

are answered accordingly.

15. In the result, I pass the following:

ORDER

(i) The present reference stands partly

allowed.

(ii) It is hereby held that action of the

management of M/s. Vishal Shipping Co.

Private Limited, Vasco-da-Gama, Goa, in

terminating the services of workmen

mentioned in the schedule, with effect from

16-09-2012, is illegal and unjustified.

(iii) The Party II is directed to pay monetary

compensation of the amount referred in

Para 13 and Para 14 above within 60 days of

the publication of the Award, failing which

the Party II shall pay an interest @ 9% per

annum.

(iv) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/3/2018-LAB/Part-I/809

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

12-11-2018 in reference No. IT/32/08 is hereby

published as required by Section 17 of the

Industrial Disputes Act, 1947 (Central Act 14 of

1947).

By order and in the name of the Governor of

Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 17th December, 2018.

______

IN THE INDUSTRIAL AND LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/32/08

Shri Joseph Norbert D’Souza,

H. No. 748/A, Portavaddo,

Siolim, Bardez-Goa.

…

Workman/Party I

V/s

M/s. Acron Lifestyles Pvt. Ltd.,

Acron Arcade 283,

Fort Aguada Road, Candolim,

Bardez, Goa-403 515.

…

Employer/Party II

Workman/Party I represented by Ld. Adv. Shri V.

Menezes.

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

Chawdikar.

AWARD

(Delivered on this the 12th day of the month

of November of the year 2018)

By Order dated 12-09-2008, bearing No. 28/140/

/2008-LAB/1343, the Government of Goa in exercise

of powers conferred by Section 10(1)(d) of the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

734

Industrial Disputes Act, 1947 (for short The Act),

has referred the following dispute to this Tribunal

for adjudication.

(1) Whether Shri Joseph Norbert D’Souza, Café

Supervisor, at M/s. Acron Lifestyles Private

Limited, Candolim, Bardez, Goa, can be

construed as a “workman” as defined under

Clause (s) of Section 2 of the Industrial

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

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

affirmative, then whether the action of the

management of M/s Acron Lifestyles

Private Limited, Candolim, Bardez, Goa, in

terminating the services of Shri Joseph

Norbert D’Souza, Café Supervisor, with effect

from 04-07-2007, is legal and justified?

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

negative, then to what relief the workman is

entitled?”

2. Upon receipt of the reference, it was registered

as IT/32/08 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim Statement at Exhibit 7 and

Party II filed a Written Statement at Exhibit 13.

3. In short, the case of the Party I is that he was

employed with Party II as a Café Supervisor on

permanent basis. The Party II is engaged in

running a business which consists of shopping

complex. The Party I carried out his duties in a

responsible and efficient manner till the date of

his illegal termination w.e.f. 4-7-2007. The acts of

Party II amounted to misconduct and violation of

terms of contract. The termination of Party I is

illegal and untenable in law. Hence, the reference.

4. In the Written statement, the Party II claimed

that the Party I is not a workman as defined under

Section 2(s) of the Industrial Disputes Act as he

was performing supervisory duties. The Hon’ble

Tribunal has no jurisdiction to entertain the present

dispute. The acts of Party I amounted to misconduct

and violation of terms of contract. The Party I is not

entitled for any reliefs.

5. In the rejoinder at Exhibit 17, Party I denied

the case of the Party II as stated in the written

statement.

6. Issues came to be framed at Exhibit 18.

7. In the course of proceedings, the parties

arrived at an amicable settlement and filed consent

terms dated 09-11-2018 at Exh. 48 colly along with

a receipt towards full and final settlement of all

the claims.

8. The consent terms are reproduced here-in-

below:

(1) It is agreed between the parties to settle

the dispute amicably for a composite

amount of Rs. 75,000/- (Rupees Seventy five

thousand only) before this Hon’ble Court

and accordingly Party II has issued Demand

Draft dated 8th November, 2018 drawn on

HDFC Bank Ltd., Candolim Branch, bearing

No. 006255 in favour of Party I.

(2) The Party I herein has agreed to accept a

sum of Rs. 75,000/- (Rupees Seventy Five

thousand only) in full and final settlement

of his entire claim against Party II in the

present matter.

(3) The Party I herein declares that on receipt

of the aforesaid full and final, composite

monetary settlement, his claims in the

present matter are conclusively settled

or withdrawn, including the claim for

re-instatement of employment with the

Party II.

(4) The Party I states, agrees and confirms that

he has no claims, demands of whatsoever

nature against the Party II/Employer; that

he does not wish to pursue the present

matter and treat the matter as settled and

closed and that neither he nor any person(s)

claiming through or under him shall make

any claims, demands or disputes or initiate

any legal proceedings in any Court of law,

Tribunal or other Quasi-judicial authority

against the Party II.

(5) Pursuant to the settlement of the present

matter, the Party II shall herewith withdraw

the Writ Petition No. WP/855/2018 filed by

them, that is pending before the High Court

of Bombay at Goa.

9. The above consent terms are signed by the

Party I workman, Shri Joseph N. D’Souza along with

his Adv. Shri A. Shirodkar, so also Dr. John Britto,

Director of Party II along with his Adv. Shri P.

Chawdikar on behalf of Party II. I have gone through

the consent terms filed as above, which in my view,

are just and fair and in the interest of both the

Workman/Party I as well as Employer/Party II and

hence, the same are accepted.

10. In view of above, I pass the following:

ORDER

i. The reference at the instance of Party I

Workman, stands disposed of in view of the

consent terms filed by both the parties at

Exhibit 48 colly.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

735

ii. No order as to costs.

iii. Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/3/2018-LAB/Part-III/806

The following award passed by the Labour

Court-II, at Panaji-Goa on 26-11-2018 in reference

No. LC-II/IT/10/2017 is hereby published as

required under Section 17 of the Industrial Disputes

Act, 1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 17th December, 2018.

______

THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. LC-II/IT/10/2017

Shri Satyawan Gurav,

Rep. by the Gen. Secretary,

Goa Trade & Commercial

Workers Union,

Velho’s Bldg., Panaji-Goa.

…

Workman/Party I

V/s

M/s. Goa Bagayatdar

Sahakari Kharedi

Vikri Saunstha Maryadit,

Ponda-Goa.

…

Employer/Party II

Party-I/Workman is represented by Adv. Shri Suhas

Naik.

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

Nigalye.

Panaji, Dated: 26-11-2018.

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 14-06-2017,

bearing No. 28/51/2015-Lab/429 referred the

following dispute for adjudication to this Labour

Court II of Goa at Panaji-Goa.

“(1) Whether the action of the management of

M/s. Goa Bagayatdar Sahakari Kharedi

Vikri Saunstha Maryadit, Ponda, Goa in

re-designing Shri Satyawan Zilu Gurav to the

post of Mapari/Peon with effect from

01-04-2014 from his original post of Peon

amounts to demotion as contended by the

Goa Trade and Commercial Workers’ Union?

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

affirmative, then, what relief the workman is

entitled to?”

2. On receipt of the reference, a case was

registered under No. LC-II/IT/10/17 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

12-06-2018 at Exhibit 5. The facts of the case in

brief as pleaded by the Workman are that he joined

the services of the Employer/Party-II (for short

“Employer”) as ‘Mapari’ in the year 1999. He stated

that he was confirmed on 01-11-2002. He stated

that when he joined as a Mapari, the management

of the Employer assigned him the job of peon and

was asked to do the job of peon ever since his date

of joining. He stated that he was promoted to the

post of peon w.e.f. 01-06-2007 and posted at the

head office of the Employer at Ponda. He stated

that as a peon, he was performing the duties such

as day to day checking of files at the instructions

of his superior, depositing cash as well as cheques

in the banks of various branches, collection,

receipts from branches of the Employer outlets and

handing the same to cashier etc. and doing the

filling work under the supervision and control of

his superior.

3. He stated that on 01-04-2014, he was awarded

a punishment as and by way of demotion

order dated 29-03-2014 as there was some

misunderstanding between him and his superior

officer. He stated that this resulted in his transfer

and also demotion to the post of Mapari from the

post of Peon. He stated that even after raising the

present dispute as above, he joined at his

transferred place at Marcel at the outlet of the

Employer under protest and worked from

01-04-2014 till 01-04-2018. He stated that he was

thereafter again transferred from Marcel to Mapusa

market yard. He stated that he joined at Mapusa

market yard and after working for two days, the

manager of the Employer at Mapusa has refused

him employment w.e.f. 03-04-2018 as the said

manager has failed to provide him duties and kept

idle without allotting him any work. Being

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

736

aggrieved with the said transfer as well as

demotion order, he preferred an industrial dispute

before the office of Labour Commissioner, Ponda,

Goa, which resulted in failure.

4. The Workman contended that the aforesaid

act of the management of the Employer is an act

of victimization, harassment and unfair labour

practice. He submitted that the punishment of

demotion issued to him is illegal, unjustified and

bad-in-law and in violation of the principles of

natural justice. The workman therefore submitted

that he is entitled to be reverted back to his original

designation i.e. Peon w.e.f. 01-04-2014. The Workman

therefore prayed that he be reverted back to his

designated post of peon w.e.f. 01-04-2014 with all

consequential benefits attached to the said post

including the arrears of pay and that the action of

the Employer in demoting him from the post of

peon to the post of mapari with effect from

01-04-2014 be held as illegal, unjustified and

bad-in-law.

5. On 06-09-2018, Ld. Adv. Shri Suhas Naik

appearing for the Workman as well as Ld. Adv.

Shri A.V. Nigalye appearing for the Employer

remained present and jointly submitted that they

are trying to settle the matter amicably between

the parties. Accordingly, on 26-11-2018, both the

aforesaid Advocates along with their parties

respectively remained present before this court and

filed a consent terms, which is on record at Exb. 6

and submitted that the reference be disposed off

in terms of the consent terms by passing consent

award. The said terms of settlement are reproduced

hereunder:

a. The Workman/Party I, by letter dated

11-10-2018 addressed to the managing

director of the Employer/Party II, has

expressed regrets for his misconduct of not

wearing the uniform for the post of Mapari

and other misconducts and has further

undertaken that he shall wear the uniform

for the said post. He has requested that he

may be pardoned and reinstated in service.

The Workman/Party I hereby reiterates his

regrets for his misconducts of not wearing

the uniform and for other misconducts

alleged against him in the charge-sheets

dated 31-01-2017 and 27-04-2018 and

undertakes that he will wear the uniform

and perform all duties of Mapari. The

Employer/Party II accepts the regrets

expressed by the Workman/Party I.

b. The Employer/Party II shall reinstate the

Workman/Party I to the post of mapari and

issue him the order of his posting in any of

the establishments of the Employer/Party II.

The Workman/Party I shall join the duties as

mapari at the said post/establishment from

01-12-2018.

c. The Workman/Party I shall not be entitled to

any wages or emoluments from the date of

his suspension till 30-11-2018.

d. The Employer/Party II shall withdraw

the charge-sheets dated 31-01-2017 and

27-04-2018 issued to the Workman/Party I

and the order of his suspension dated

10-05-2018. The charge-sheets and the order

of suspension shall be treated as withdrawn

from 01-12-2018.

e. The parties hereby declare that all disputes

between the Workman/Party I and the

Employer/Party II involved in Reference

No. LC-II/IT/10/2017 are settled with the

signing of these consent terms and the

parties shall not have any claim or demand

against each other in the said reference.

I have carefully perused the said terms of

settlement signed by and between the parties

hereinabove. The said terms of settlement are

beneficial to both the parties. Hence, I consented

for the same. Since the dispute under reference is

settled between the parties, I hold that the dispute

under present reference does not survive.

In view of the above, I proceed to pass the

following order:

ORDER

1. It is held that the action of the management

of M/s. Goa Bagayatdar Sahakari Kharedi

Vikri Saunstha Maryadit, Ponda, Goa in

re-designing Shri Satyawan Zilu Gurav to

the post of Mapari/Peon with effect from

01-04-2014 from his original post of Peon

amounts to demotion as contended by the

Goa Trade and Commercial Workers’ Union?,

does not survive.

2. The workman Satyawan Gurav, 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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

737

Notification

No. 28/3/2018-LAB/Part-I/807

The following award passed by the Labour

Court-II, at Panaji-Goa on 08-10-2018 in reference

No. LC-II/IT/07/2014 is hereby published as

required by Section 17 of the Industrial Disputes

Act, 1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 17th December, 2018.

______

THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. LC-II/IT/07/2014

Shri Dayanand Kambli,

Rep. by the General Secretary,

Kadamba Kamgar Union,

BG-10, Gr. Floor,

Casa Immaculade,

Jose Falcao Road,

Near Panjim Church,

Panaji-Goa.

…

Workman/Party I

V/s

M/s. Kadamba Transport

Corporation Ltd.,

Paraise de Goa,

Alto-Porvorim, Goa.

…

Employer/Party II

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

Kundaikar.

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

Agarwal.

Panaji, Dated: 08-10-2018.

AWARD

1. In exercise of the powers conferred by Section

10 (1) (c) of the Industrial Disputes Act, 1947

(Central Act 14 of 1947) the Government of Goa,

by Order dated 30-09-2014, bearing No. 28/24/2014-

-Lab/572 referred the following dispute for

adjudication to this Labour Court-II of Goa at

Panaji, Goa.

“(1) Whether the demand of the Kadamba Kamgar

Union pertaining to anomaly in pay

fixation of Shri Dayanand C. Kambli, Heavy

Vehicle Driver, by M/s Kadamba Transport

Corporation Limited, Porvorim, Goa, thereby

depriving the monetary benefits with effect

from July, 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. LC-II/IT/07/2014 and

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

pursuance to the said notice, the Parties put in

their appearance. The Workman/Party-I (for short

‘Workman’), filed his Statement of Claim on

21-11-2014 at Exb. 5. The facts of the case in brief as

pleaded by the workman are that he is working

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

Heavy Vehicle Driver and is presently posted at

Vasco depot. He stated that he joined in the services

of the Employer on daily wages w.e.f. 02-05-1994.

He stated that he was taken on probation w.e.f.

01-03-1995 in the pay scale of Rs. 3050-75-3950-

80-4590. He stated that he raised a dispute in

respect of the withholding of two annual

increments with cumulative effects for the year

1998 and 1999. He stated that the said dispute was

settled by him in reference No. REF/37/12 and

accordingly, an award in terms of settlement was

passed by the Hon’ble Tribunal. He stated that the

Employer was pleased to implement Modified

Assured Career Progression Scheme (MACPS)

w.e.f. 01-09-2008 as per the board resolution

No. 110/11. He stated that as the order dated

18-03-1998 for stoppage of two annual increments

without cumulative effect for the year 1998 and

1999 is revoked with prospective effect, he was

entitled for financial up-gradation under the

MACPS which is presently effective with the

Employer. He stated that as he was appointed on

regular basis from 01-03-1995, he was entitled for

first financial up-gradation in the year 2005. The

Workman challenged the anomaly in his pay

fixation and deprivation of the monetary benefits

on the following grounds.

3. He submitted that he is entitled for the first

up-gradation on completion of 10 years of service

in accordance with the MACPS as the Employer

has revoked the order dated 18-13-1998 without

cumulative effect. He submitted that the Employer

cannot differ the grant of first financial

up-gradation on the pretext of penalty which has

been revoked by the Employer. He submitted that

the Employer by its reply dated 26-11-2013 filed

before the Asstt. Labour Commissioner admitted

that the punishment of stoppage of annual

increments of 1998 and 1999 has been revoked and

as such he is eligible for financial up-gradation

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

738

under the MACP scheme. He submitted that on

account of non-implementation of first financial

up-gradation, there is disparity in his pay fixation

resulting in depriving the monetary benefits. He

submitted that the action of the Employer in

depriving him the monetary benefits is illegal and

malafide without any reasonable ground. He

submitted that the action of the Employer is smacks

of malifide and is an ex-facie instance of unfair

labour practice. He submitted that his case is gross

wherein the workmen have been compelled to seek

sanctuary in portals of the Hon’ble Tribunal. He

submitted that he is grossly discriminated against

the whims and caprices of unmoving bureaucracy.

He submitted that the illegal deprivation of the

monetary benefits with effect from July 2007 is not

fair and is not inconsistent with the principles of

natural justice. The Workman therefore prayed that

an award be passed holding that the workman is

entitled for monetary benefits from July, 2007 and

release the monetary benefits from July, 2007 with

interest @12% p.a. with continuity in service,

benefits and privileges attached to post.

4. The Employer resisted the claim of the

Workman by filing its reply dated 06-02-2015 at

Exb. 9. 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 traveling public within the State of

Goa and also to the neighbouring States like

Maharashtra and Karnataka. The Employer stated

that the Workman filed his statement of claim not

only with distorted facts but also suppressed

material facts from this Hon’ble Court and also

made misleading statements. The Employer stated

that the various types of benefits/facilities as

extended by the Government of Goa to its

employees are not directly made applicable to its

employees including the workman but the same

are made applicable only after the approvals of the

board of directors as its policy makers which is

constituted as per the articles of association. The

Employer stated that the MACPS was made

applicable in the corporation on 01-09-2008

notionally and monetary benefits w.e.f. 01-01-2012.

The Employer stated that as per the MACPS issued

by the Government it is stated at para 15 of the

said scheme that for any employee if the financial

up-gradation under MACPS is deferred and not

allowed after 10 years in a grade pay due to the

reason of the employee being unfit or due to

departmental proceedings etc. this could have

consequential effect on the subsequent financial

up-gradation which would also get deferred to the

extent of delay in first financial up-gradation. The

Employer submitted that the Workman is not

entitled for any relief as prayed in his claim

statement and as such the claim of the Workman

be dismissed as not maintainable.

5. The Employer stated that the Workman was

appointed on probation as Heavy Vehicle Driver

w.e.f. 08-03-1995. The Employer stated that at the

relevant time in the year 2005 the scheme in force

was Time Bound Promotional Scheme (TBPS) and

not MACPS. The Employer stated that the

punishment of stoppage of increments of 1998 and

1999 has been revoked with prospective effect i.e.

from 09-05-2013. The Employer denied the overall

pleadings as pleaded by the Workman and prayed

for dismissal of the present reference.

6. Thereafter, the Workman filed his re-joinder

on 26-02-2015 at Exb. 10. 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.

7. Based on the pleadings filed by the parties

herein above, this Court framed the following issues

on 27-01-2016 at Exb. 26.

1. Whether the Workman/Party I proves that

there exists an anomaly in his pay fixation?

2. Whether the Workman/Party I proves that the

anomaly in his pay fixation deprived him the

monetary benefits w.e.f. July, 2007?

3. Whether the Workman/Party I proves that the

anomaly in his pay fixation w.e.f. July, 2007, is

illegal and unjustified?

4. Whether the Employer/Party II proves that

the Workman is not entitled for any relief in

view of the allegations made in para 5 and 11

of its written statement?

5. Whether the Workman/Party I is entitled to

any relief?

6. What order? What Award?

8. My answers to the aforesaid issues are as

under:

(a)

Issue No. 1 : In the negative.

(b)

Issue No. 2 : In the negative.

(c)

Issue No. 3 : In the negative.

(d)

Issue No. 4 : In the affirmative.

(e)

Issue No. 5 and 6: As per final order.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

739

I have heard the oral arguments of Ld. Adv.

Shri A. Kundaikar appearing for the Workman as

well as Ld. Adv. Shri P. Agarwal appearing for the

Employer.

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

Workman during the course of his oral arguments

submitted that the Workman was appointed as a

Heavy Vehicle Driver by the Employer w.e.f.

02-05-1994 on daily wages. He submitted that the

Workman was taken on probation w.e.f. 01-03-1995

in the pay scale of Rs. 3050-75-3950-80-4590. He

submitted that the Workman had raised a dispute

in respect of the withholding of two annual

increments with cumulative effect for the year 1998

and 1999. He submitted that the said dispute was

registered before the Industrial Tribunal as ref

No. REF/37/12. He submitted that the said dispute

was settled between the parties and the award in

terms of the said settlement was passed by the

Hon’ble Industrial Tribunal. He submitted that the

Employer was pleased to implement MACPS

w.e.f. 01-09-2008 as per its board resolution

No. 110/11. He submitted that as the order of

stoppage of annual increment was revoked, the

service record of the Workman was unblemished.

He submitted that the Workman is therefore

entitled for first financial up-gradation in the year

2005 in the said MACPS. He submitted that the

prevised scale of the Workman in sixth pay would

have been in Rs. 4000-100-6000+Grade Pay of

Rs. 2800/-. He submitted that the circular issued

by the Government from time to time forms law

and as such need not be produced on record. He

submitted that in support of his oral submissions,

he relied upon office memorandum dated

19-05-2009 issued by the Government of India,

Ministry of Personnel, Public Grievances and

Pension as well as office memorandum dated

03-01-2013 issued by Government of India, Ministry

of Finance, Department of Expenditure. He also

relied upon a copy of extract of a judgment in the

case of State Bank of Bikaner and Jaipur v/s. Om

Prakash of Hon’ble Supreme Court of India.

10. Per contra, Ld. Adv. Shri P. Agarwal,

representing the Employer, during the course of

his oral arguments, submitted that the Employer is

a Government Company registered under the

provisions of the Companies Act, 1956. He

submitted that the various types of benefits/

/facilities as extended by the Government of Goa

to its employees are not directly made applicable

to its employees including the Workman, but the

same are made applicable only after the approvals

of its board of directors as its policy makers which

is constituted as per the Articles of Association.

He submitted that MACPS was made applicable to

the Employer Corporation from 01-09-2008

notionally and monetary benefits w.e.f. 01-01-2012.

He submitted that in terms of Clause 15 of the said

MACPS, for any employee if the financial up-

gradation under MACPS is deferred and not

allowed after 10 years in a grade pay, due to the

reason of the employee being unfit or due to

departmental proceedings etc. this could have

consequential effect on the subsequent financial

up-gradation which would also get deferred to the

extent of delay in first financial up-gradation.

REASONS

11. Issue No. 1 and 2:

The burden to prove the issue No. 1 and 2 was

cast on the Workman. The Workman has to prove

the said issue No. 1 and 2 by leading cogent

evidence. The Workman has however, failed to

prove the said issue No. 1 and 2 by leading positive

evidence. Thus, there is nothing on record to show

that there exist an anomaly in the pay fixation of

the Workman w.e.f. July, 2007.

The sole witness of the Employer, Shri V. D.

Harmalkar, the Personnel Manager of the Employer,

during the course of his cross-examination, stated

as under:

“I say that the Workman after completing 12

years of service i.e. on 08-03-2007 then he would

have been entitled for the Time Bound

Promotional Scale (T.B.P.S.) provided that he

shall not be disqualified for the same due to

pendency of disciplinary enquiry or interrupted

service. I say that a disciplinary enquiry was

pending against the Workman in and around

1998.”

12. The evidence on record indicates that the

MACPS was made applicable to the workers of the

Employer Corporation by resolution No. 110/11

passed by its Board of Directors in its 176 BOD

meeting and it was made applicable to the

employees of the Employer notionally for the first

time w.e.f. 01-08-2009. Benefits to its employees

were factually and monetarily extended w.e.f.

01-01-2012.

13. The sole witness of the Employer, Shri V. D.

Harmalkar, the Personnel Manager of the Employer

further stated that “It is correct that I have signed

the said annual increment releasing letters of the

drivers on behalf of the Employer. A xerox copy of

the said letter of the Employer dated 22-07-2016 is

taken on record and marked as Exb. 42-cross. It is

correct that the annual increment of all the 595

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

740

drivers of the Employer were released by one and

the same order at Exb. 42-cross. It is correct that the

name of the Workman under reference is reflected in

the said letter at Exb. 42-cross at serial No. 224 and

his grade pay has been shown as Rs. 2000/- as on

01-07-2016. It is correct that in the said document

at serial No. 223, the driver namely Shri Sadanand

Ramji is appearing and his grade pay is shown as

Rs. 2800/- as on 01-07-2016. It is correct that the

driver Shri Sadanand D. Ramji and the Workman

under reference were appointed vide order of the

Employer dated 13-03-1995 at Exb. 31-cross. I admit

that there is anomaly in pay fixation of the driver,

Shri Sadanand D. Ramji and the Workman under

reference, since both the said drivers were appointed

on one and the same order. The order of the Employer

dated 13-03-1995 which is on record at Exb. 31

(cross) indicates that the said Shri Sadanand D.

Ramji and the Workman under reference were

appointed by the said order on probation for the

initial period of six months w.e.f. 08-03-1995 in the

pay scale of Rs. 950-20-1150-EB-25-1600.”

14. From the aforesaid deposition of the sole

witness of the Employer, it indicates that at the

first blush, the Employer has admitted that there

was anomaly in the pay fixation of the driver, Shri

Sadanand D. Ramaji and the Workman. However,

there is nothing on record that the present

Workman and the said Shri Sadanand Ramji is

similarly placed even in terms of disciplinary

proceedings. It is not the case of the Workman

under reference that the said Workman Shri

Sadanand Ramji was given the benefit despite

disciplinary proceedings. The word ‘anomaly’

applied is entirely misconceived. The said order

dated 22-07-2016 is on record at Exb. 42-cross. The

said MACP was made applicable to the employees

of the Employer Corporation including the

Workman for the first time w.e.f. 01-08-2009

notionally. Monetary benefits were granted to its

employees w.e.f. 01-01-2012. The evidence on record

indicates that by order dated 18-03-1998 at Exb.

32-cross, the Dy. General Manager (Traffic) of the

Employer imposed a punishment of stoppage of

two annual increments with cumulative effect for

the year 1998 and 1999. The evidence on record

indicates that the Workman raised dispute against

the said punishment of stoppage of two annual

increments with cumulative effect for the year 1998

and 1999. The said dispute was registered as case

No. Ref/37/12 of the Industrial Tribunal-cum-Labour

Court, Panaji, Goa. The said dispute was disposed

off by consent award dated 09-05-2013 at Exb. 28.

In terms of Clause 1 of the terms of settlement, it

is stated that “it is agreed between the parties that

the order dated 18-03-1998 for stoppage of two

annual increments without cumulative effect for the

years 1998 and 1999 shall be revoked with

prospective effect i.e. from the date of filing the

present consent term before the Hon’ble Tribunal.”

It means that the Employer had already stopped

the two annual increments without cumulative

effect for the year 1998 and 1999. However, the

penalty has been revoked prospectively w.e.f. 09-

05-2013. There is nothing on record to show that

there was an anomaly in the pay fixation of the

Workman w.e.f. July, 2007. Hence, it is held that

the Workman failed to prove that there exist an

anomaly in the pay fixation of the Workman w.e.f.

July, 2007. The issue No. 1 and 2 are therefore

answered in the negative.

15. Issue No. 3 and 4:

While deciding the issue No. 2 hereinabove, I

have discussed and come to the conclusion that

the Workman failed to prove that there exists an

anomaly in his pay fixation w.e.f. July, 2007.

Therefore, there is no question of depriving the

monetary benefits to the Workman w.e.f. July, 2007.

16. Even otherwise, by the present reference,

the Workman challenged the anomaly in his pay

fixation and deprivation of the monetary benefits

in para 9 of his claim statement. Upon careful

perusal of para 9 of the claim statement, it appears

that the Workman contended that he has not been

given benefits of MACPS though eligible. The sole

witness of the Employer, in his cross-examination

stated that “it is correct that the Workman was

appointed on probation by order of the Employer

dated 13-03-1995 w.e.f. 08-03-1995. It is correct that

the Workman alongwith eight other workmen

were appointed by the Employer vide its order at

Exb. 31-cross. It is correct that the Workman was

entitled for his first increment in the pay scale of

one year of service w.e.f. 08-03-1996.”

The evidence on record indicates that the

Employer made applicable the MACPS to its

employees for the first time w.e.f. 01-08-2009

notionally and monetary benefits w.e.f. 01-01-2012.

Hence, I do not find any merits in the submissions

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

Workman that the Workman was entitled to the

benefits of the MACP Scheme. The issue No. 3 is

therefore answered in the negative and the issue

No. 4 is answered in the affirmative.

17. Issue No. 5:

While deciding the issue No. 3 hereinabove, I

have discussed and come to the conclusion that

the Workman failed to prove that there exist an

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

741

anomaly in pay fixation of the Workman w.e.f. July,

2007 and the same is illegal and unjustified. The

Workman is not entitled to any relief from this

court. The issue No. 5 is therefore answered in the

negative.

In view of the above discussion and with regards

to the facts and circumstances of the case, I pass

the following order:

ORDER

1. It is held that the Kadamba Kamgar Union

failed to prove that there exist an anomaly in

pay fixation of Workman with effect from

July, 2007.

2. It is further held that the dispute as to whether

the demand of the Kadamba Kamgar Union

pertaining to anomaly in pay fixation of

Shri Dayanand C. Kambli, Heavy Vehicle Driver,

by M/s Kadamba Transport Corporation

Limited, Porvorim, Goa, thereby depriving the

monetary benefits with effect from July, 2007,

is legal and justified, does not survive.

3. It is further held that the Workman, Shri

Dayanand C. Kambli, Heavy Vehicle Driver, is

not entitled to any relief.

4. No order as to costs.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar)

Presiding Officer,

Labour Court-II.

———uuu———

Department of Panchayati Raj and

Community Development

Directorate of Panchayats

__

Notification

No. 19/115/DP/PAN/BAC/18/8503

The Government of Goa is hereby pleased to

reconstitute the Block Advisory Committees

(B.A.C.) for every Block to advice the Block

Development Officers in implementation of the

developmental schemes in Block, and for direct

interaction between the Officials and non-Officials.

The B.A.C. shall consist of the following

members:-

Non-Official Members:

1) Member of Parliament of the

— Member.

concerned Lok Sabha/Rajya

Sabha Constituency wherein

Block falls

2) Members of the Legislative

— Members.

Assembly of the concerned

Assembly Constituency falling

within the Block

3) Elected Members of Zilla

— Members.

Panchayat from the concerned

Block

4) The Sarpanchas of the Village

— Members.

Panchayats from the concerned

Block

5) One Co-opted Member of the

— Member.

Village Panchayat elected by

the co-opted members of the

Village Panchayats from the

concerned Block

6) One member of the Mahila

— Member.

Shakti Abhiyan nominated

by the Government

7) Two to Three Members nomina- — Member.

ted by the Government from

amongst persons who have

special knowledge of practical

experience in respect of such

matters as literature, Science,

Art and Social service

Official Members:

1) All the Directors of various

— Members.

Directorates and Principal

Chief Engineer of the Public

Works Department, Chief Engineer

of the Water Resources Department

and Chief Engineer of the

Electricity Department

2) The Block Development Officer

of the concerned Block shall

be the Member Secretary of

the Committee constituted for

that Block

The Chairperson and Vice-Chairperson of the

Committee shall be Sarpanchas duly elected by

the Sarpanchas of the Village Panchayats falling

under concerned Block, as Chairperson and

Vice-Chairperson of Committee.

The post of Chairperson in the Blocks of Bardez,

Mormugao, Quepem and Satari shall be reserved

for Women. The post of Vice-Chairperson in the

Blocks of Bicholim, Pernem, Salcete and Tiswadi

shall be reserved for Women.

The initial term of the B.A.C. shall be up to 31st

of August, 2020.

The Meeting of the B.A.C. shall be held once in

a quarter in the Office of the concerned Block

Development Officer. The expenditure of the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

742

meeting shall be borne by the Block Development

Officer from the funds of the Block. The non-official

members shall draw the T.A. and D.A. to attend the

meeting from the funds of the concerned Panchayat

Raj Institutions.

By order and in the name of the Governor of

Goa.

Rajan Satardekar, Director & ex officio Joint

Secretary (Panchayats).

Panaji, 17th December, 2018.

———uuu———

Department of Personnel

—

Order

No. 15/19/2012-PER(Part)/3362

Read: Memorandum No. 15/19/2012-PER (Part)

dated: 12-07-2018.

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/I/5/42(2)/2017/18 dated 17-04-2018, the

Governor of Goa is pleased to appoint the following

candidates to the post of Mamlatdar/Joint

Mamlatdar/Assistant Director of Civil Supplies

(Group “B” Gazetted) under the Government of

Goa in Level-7 of pay matrix, with immediate effect.

1) Shri Kaushik Balkrishna Dessai.

2) Smt. Sanjivani Jayanrath Satardekar (OBC).

3) Shri Gaurav Sagun Gaounkar (ST).

The above candidates have been declared

medically fit by the Medical Board, vide letter

dated 26-05-2018 & 14-06-2018 & the character and

antecedents of the candidates are verified by

respective District Magistrate vide letter dated

03-09-2018 & 05-09-2018 wherein no adverse

remarks have been reported.

The genuineness of education qualification

certificates of all the candidates have been verified

and found correct by the Goa University, Taleigao,

as informed vide letter dated 20-08-2018.

The Other Backward Class Certificate bearing

No. 270520151121/755 dated 29-05-2015 issued by

the Dy. Collector/Sub Divisional Officer, Mapusa-

Goa in respect of candidate at Sr. No. 2 is verified

by the Scrutiny Committee and is held valid as per

the certificate dated 09-11-2018 issued by the

Directorate of Social Welfare Department.

The Scheduled Tribe Certificate bearing

No. 2017/5848/2/7/1784/399 dated 03-08-2017

issued by the Deputy Collector/Sub Divisional

Officer, Quepem, Goa, in respect of candidate at

Sr. No. 3 is verified by the Scrutiny Committee

and is held valid by the Director, Directorate of

Tribal Welfare, vide certificate of verification

No. 1/11/2018-VER/DTW/ST/36/4514 dated

10-09-2018.

The above appointees shall be on probation for

a period of two years.

The pay and allowances of the above officers

shall be debited to the Budget Head controlled by

the respective Collectorates North/South.

They shall report to Personnel Department for

further orders.

By order and in the name of the Governor of

Goa.

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

Porvorim, 14th December, 2018.

________

Order

No. 5/1/2018-PER/3350

Shri Vivek H. P., IAS, Deputy Collector & SDO,

Bicholim shall hold the charge of the post of Deputy

Collector & SDO, Sattari in addition to his own

duties until further orders.

By order and in the name of the Governor of

Goa.

Harish N. Adconkar, Under Secretary (Personnel).

Porvorim, 18th December, 2018.

________

Order

No. 5/40/84-PER(Vol-I)/3345

Read: Memorandum No. 5/40/84-PER (Vol-I)/3112

dated 26-11-2018.

On the recommendation of the Goa Public

Service Commission conveyed vide their letter

No. COM/1/5/34(1)/2017/750 dated 25-07-2017,

Governor of Goa is pleased to appoint Shri Ajit M.

Gaonkar as Principal in Government Polytechnic

Curchorem, Cacora-Goa, in the Revised pay

scale, Level 14 in the Pay Matrix, with immediate

effect.

Shri Gaonkar shall be on probation for a period

of one year.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

743

The pay and allowances of the officer shall be

debited to the Budget Head controlled by the

Directorate of Technical Education, Porvorim,

Bardez-Goa.

The Officer shall submit technical resignation

before joining the post.

By order and in the name of the Governor of

Goa.

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

Porvorim, 18th December, 2018.

________

Order

No. 7/21/2017-PER/3667

Read: Order No. 14020/02/2018-UTS-1(Pt.) dated

15-12-2018.

The Governor of Goa is pleased to relieve Shri

Dharmendra Sharma, IAS (AGMUT: 1988), Chief

Secretary from this Administration with effect from

24-12-2018 (A.N.) for his next posting in Delhi.

By order and in the name of the Governor of

Goa.

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

Porvorim, 20th December, 2018.

Order

No. 15/12/96-PER/3387

Read: 1) Order No. 9/10/HLEC/2018-ARD dated

14-08-2018.

2) Letter No. 9/16/IDCO/2018-ARD/333

dated 26-10-2018.

The post of Data Entry Operator existing in

District Collector (South) stands re-designated as

Lower Division Clerk and their inter-se seniority

shall be fixed as per rules in force, in terms of

Clause 2(ii) of the order read in preamble (1).

This issues with the approval of the High Level

Empowered Committee (H.L.E.C.) constituted

with the approval of the Council of Ministers in

the XXth meeting held on 08-11-2017 vide order

No. 1/1/2017/Addl. Secy (Per) dated 22-11-2017

issued by Department of Personnel; and as

conveyed vide letter No. 9/10/HLEC/2018-ARD/242

dated 16-08-2018 and 12/1/5/2018-RD-I/752 dated

05-12-2018, issued by the Department of

Administrative Reforms, Secretariat, Porvorim-Goa.

By order and in the name of the Governor of

Goa.

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

Porvorim, 20th December, 2018.

———uuu———

Department of Revenue

__

Order

No. 26/11/2015-RD/2647

Government is pleased on due recommendation to transfer the following Officials in the public

interest and post them to the posting shown against their name with immediate effect.

Sr.

Name of the officer

Present posting

New place of posting

Additional charge

No.

1

2

3

4

5

1. Smt. Maya K. Amonkar,

Inspector of Survey &

—

Inspector of Survey &

I.S.L.R., Panaji

Land Records, City Survey,

Land Records, Tiswadi.

Panaji

2. Smt. Anisha A.

Head Office as Assistant

Inspector of Survey

—

Matondkar, A.S.S.O.,

Survey & Settlement

& Land Records,

Panaji

Officer and Additional

Vasco

charge ISLR, Vasco

3. Shri Rajesh R. Pai

Inspector of Survey &

—

Inspector of Survey &

Kuchelakar, I.S.L.R.,

Land Records, Mapusa

Land Records, Pernem.

Mapusa

4. Shri Savio Silveira,

Inspector of Survey &

Inspector of Survey

Inspector of Survey &

I.S.L.R., Margao

Land Records, Margao

& Land Records,

Land Records, Canacona.

Quepem

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

27TH DECEMBER, 2018

744

5. Shri Sudesh K. Naik

Inspector of Survey &

Inspector of Survey

—

Bhaireli, I.S.L.R.,

Land Records, Quepem

& Land Records,

Quepem

and Canacona

Margao

6. Shri Anand Vaigankar,

Inspector of Survey &

—

Inspector of Survey &

I.S.L.R., Bicholim

Land Records, Bicholim

Land Records, Ponda.

7. Smt. Vinita V. Kambli,

Newly promoted

Head Office as

—

I.S.L.R.

Assistant Survey &

Settlement Officer

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

Sudin A. Natu, Under Secretary (Revenue-I).

Porvorim, 14th December, 2018.

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1

2

3

4

5

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Department of Sports & Youth Affairs

Directorate of Sports & Youth Affairs

__

Order

No. SAG-03/ADM-Co/36th/Nat.Games/2014/3230

Read: Order No. SAG-3/ADM-CO/36th Nat Games/2014/595 dated 21-05-2015.

With reference to the above Order, the Government is pleased to delegate administrative and financial

powers of Rs. 10 lakhs and Rs. 5 lakhs to the Chief Executive Officer, NGOC and Jt. Chief Executive Officer,

NGOC, respectively.

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

Anjali Sehrawat, IAS, Director & ex officio Joint Secretary (Sports & Youth Affairs).

Panaji, 18th December, 2018.

———uuu———

Department of Transport

Directorate of Transport

__

Notification

No. D.Tpt/EST/1997/(PF)2018/6266

Read: 1. Notification No. D.Tpt/EST/1997/(PF) 2017/791 dated 11-04-2017.

2. Notification No. D.Tpt/EST/1997/(PF) 2017/1775 dated 06-07-2017.

In pursuance of Article 68 of the Articles of Association of the Kadamba Transport Corporation Limited,

the Government is pleased to appoint Smt. Nidhi N. Mamlekar, R/o Talem Durgabhat, Ponda-Goa, as

Director on the Board of Directors of Kadamba Transport Corporation Limited with immediate effect, in

place of Shri Narayan Shenvi Talaulikar, ex-Director on Board of Directors of Kadamba Transport Corporation

Limited who expired on 8-9-2018.

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

Nikhil Desai, Director & ex officio Addl. Secretary (Tpt.).

Panaji, 20th December, 2018.