Panaji, 7th February, 2019 (Magha 18,1940)

SERIES II No. 45

RNI No. GOAENG/2002/6410

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

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

Order

No. 2/25/2018-19/D.Agri(Part)/329

On the recommendation of the Goa Public

Service Commission vide their letter No. COM/II/

/12/2(1)/2014/366 dated 25-01-2019, the probation

period of the following Assistant Agricultural

Officers, Group ‘B’ Gazetted Officers of this

Directorate in the pay band of PB–II Rs. 9,300-

-34,800+4,200/- Grade Pay (Level-6 in the 7th Pay

Commission Matrix) have been lifted as they have

completed probation period satisfactorily as shown

below and they also have been confirmed against

the post of Assistant Agricultural Officer with

immediate effect.

Sr.

Name of the

Date of joining

Date of

No.

officer

in regular service

completion

as Assistant

of probation

Agricultural

period

Officer

1. Shri Nilesh K.

08-08-2013

07-08-2015.

Vaigankar

2. Smt. Pallavi Rudresh 17-08-2015

16-08-2017.

Shetye

3. Kum. Milan S.

11-03-2016

10-03-2018.

Gaonkar (ST)

By order and in the name of the Governor of

Goa.

Madhav B. Kelkar, Director & ex officio Jt.

Secretary (Agriculture).

Tonca, Caranzalem, 1st February, 2019.

Department of Animal Husbandry &

Veterinary Services

Order

No. 2/13/95-AH (Part)/2018-19/6653

Government is pleased to order the transfer of

the following Assistant Director in the Directorate

of Animal Husbandry & Veterinary Services, with

immediate effect and in public interest to the

station as indicated against his name:-

Sr.

Name with

Present place

New place

No.

designation

of posting

1. Dr. Prashant Naik,

Key Village

Veterinary

Assistant Director

Scheme,

Hospital,

Curti-Ponda

Sonsodo.

The Officer shall be entitled for transfer TA/DA

as per rule.

The Officer shall join his new place of posting

with immediate effect.

The above Official shall draw his salary at new

place of posting from month of February, 2019

onwards.

By order and in the name of the Governor of

Goa.

Dr. Santosh V. Desai, Director & ex officio Joint

Secretary (AH).

Panaji, 31st January, 2019.

________

Order

No. 2/13/95-AH (Part)/2018-19/6654

On the recommendations of the Goa Public

Service Commission as conveyed under letter

No. COM/II/11/3(2)/2014/309 dated 08-01-2019,

Government is pleased to promote the following

Note:-

There is one Extraordinary issue to the Official

Gazette, Series II No. 44 dated 31-01-2019

namely, Extraordinary dated 31-01-2019 from

pages 843 to 844 regarding Notification from

Department of Finance.

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

845

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

7TH FEBRUARY, 2019

846

Officers to the post of Assistant Director, Group

“A” Gazetted on regular basis in the Directorate of

Animal Husbandry & Veterinary Services, Panaji,

in Level 10 of the Pay Matrix plus other admissible

allowances with immediate effect and post them

to the establishments as indicated against their

names.

Sr.

Name of the officer

Place of posting

No.

1. Dr. Satyavan B. Naik

Government Piggery

Farm, Curti-Ponda.

2. Dr. (Mrs.) Veena S. Kumar Stockmen Training

Centre, Curti-Ponda.

3. Dr. Nitin S. Naik

Government

Livestock Farm, Dhat.

4. Dr. Shirish S. Gaonkar

Key Village Scheme,

Curti-Ponda.

5. Dr. Shirishkumar S.

Cattle Breeding

Betkekar

Farm, Copardem.

6. Dr. Prakash V. Korgaonkar

Veterinary Hospital,

Mapusa.

The above officers shall be on probation for

a period of 2 (two) years from the date of their

joining.

The following officers shall hold the post of

Assistant Director in the Directorate of Animal

Husbandry and Veterinary Services on “Officiating

Basis”.

Sr.

Name of the officer

Place of posting

No.

1. Dr. Rajesh G. Kenny

Veterinary Dispensary,

Bicholim.

2. Dr. Mohan Ganpat

Veterinary Hospital,

Umarye

Curti-Ponda.

The above officers holding post of Assistant

Director on officiating basis shall not hold any right

against the post of Assistant Director.

By order and in the name of the Governor of

Goa.

Dr. Santosh V. Desai, Director & ex officio Joint

Secretary (AH).

Panaji, 31st January, 2019.

Department of Civil Supplies and

Consumer Affairs

Corrigendum

No. DCS/ENF/DSB-24/2018-19/320

Read: Order No. DCS/ENF/DSB-24/2017-18/547

dated 21st March, 2018 published in the

Official Gazette of Goa, Series II No. 52 dated

29th March, 2018.

In the above read order the name “Shri Franklin

Ferrao” appearing in the 2nd para of the order,

shall be omitted. Rest of the contents remains

unchanged.

By order and in the name of the Governor of

Goa.

Sandhya Kamat, Director & ex officio Joint

Secretary (Civil Supplies & Consumer Affairs).

Panaji, 28th January, 2019.

———uuu———

Department of Environment

Order

No. 1/20/18-PCB/Lab-13798/836

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-13795/744 dated

26-12-2018, the State Government hereby

constitutes Special Environment Surveillance

Task Force with the following members:

For North Goa District

1. District Magistrate (North)

—

Chairman.

2. Superintendant of Police

—

Member.

(North)

3. Dr. Mohan Girap, Scientist

—

Member.

‘C’ GSPCB

4. Ms. Reina Fernandes,

—

Member.

Secretary, District Legal

Services Authority, North

Goa District

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

7TH FEBRUARY, 2019

847

For South Goa District

1. District Magistrate (South)

—

Chairman.

2. Superintendant of Police

—

Member.

(South)

3. Mrs. Jenica Sequirra,

—

Member.

Scientist ‘C’ GSPCB

4. Secretary, District Legal

—

Member.

Services Authority, South

Goa District

Note:

Special Environment Surveillance Task Force will

ensure that the no illegal mining take place in the

river belt of polluted stretches as provide 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.

Sanjeev Joglekar, I/C Director (Environment).

Porvorim, 31st January, 2019.

———uuu———

Department of Finance

Revenue & Control Division

Notification

No. 38/1/2017-Fin(R&C)(90)

Ref.:

1) Notification No. 38/1/2017-Fin(R&C)(35)

dated 5th January, 2018, published in

the Official Gazette, Series II No. 41

dated 11th January, 2018.

2) Notification No. 38/1/2017-Fin(R&C)(53)

dated 3rd April, 2018, published in the

Extraordinary Official Gazette No. 3,

Series II No. 52 dated 4th April, 2018.

The exercise of the powers conferred by Section

96 of the Goa Goods and Services Tax Act, 2017

(Goa Act 4 of 2017) read with Rule 103 of the Goa

Goods and Services Tax Rules, 2017, and in

supersession of Government notifications referred

above, except as regards things done or omitted to

be done before such supersession, the Government

of Goa hereby re-constitutes the Goa Authority for

Advance ruling consisting of the following

members, namely:-

(a) Additional Commissioner of State Tax, Goa

State (in charge of Authority for Advance

Ruling Section).

(b) Additional Commissioner, Central GST, Goa.

This Notification shall come into force with

immediate effect.

By order and in the name of the Governor of

Goa.

Sushama D. Kamat, Under Secretary, Finance

(R&C).

Porvorim, 31st January, 2019.

———uuu———

Department of Home

Home–General Division

Order

No. 17/63/2008-HD(G)/DSW/300

Government is pleased to re-constitute the

Executive Committee of Special Fund for

re-construction and rehabilitation of ex-servicemen

and their dependents in the State of Goa. The

Executive Committee shall decide/recommend

cases/sanction expenditure received during the

intervening period of State Managing Committee

meeting. The Executive Committee of Special fund

shall be valid for a period of 2 years.

1. Chief Secretary

—

Chairman.

2. Station Commander

—

Vice-

Chairman.

3. Collector, North Goa District

—

Member.

4. Collector, South Goa District

—

Member.

5. Brig. N. H. Braganza (retd.)

—

Member.

6. Col. V. R. Rebello (retd.)

—

Member.

7. Cdr. Anup P. Keni (retd.)

—

Member.

8. Cdr. Parijat Sinha (retd.)

—

Member.

9. Secretary, Department of

—

Member

Sainik Welfare

Secretary.

By order and in the name of the Governor of

Goa.

Neetal P. Amonkar, Under Secretary (Home).

Porvorim, 21st January, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

7TH FEBRUARY, 2019

848

Order

No. 20/26/66-HD(G)/Vol.III/Part/412

Sanction of the Government is hereby accorded to incur an expenditure of Rs. 3,87,500/- (Rupees three

lakhs eighty seven thousand five hundred only) towards payment in cash in lieu grant for the Post

Independence Gallantry/Non Gallantry award winners to the following 22 awardees by the Department

of Sainik Welfare.

List of Gallantry/Non Gallantry Award Winners 2018-19

Sr.

Name of awardees

Award

Total

No.

annuity

Late Wg Cdr V B Sawardekar

KC- 55000/-

60000/-

Widow

AVSM- 5000/-

General S. F. Rodrigues

PVSM- 6000/-

9000/-

VSM- 3000/-

Cdr Noel Kelman (Retd.)

KC- 55000/-

55000/-

Air Mshl C S Naik (Retd.)

PVSM- 6000/-

14000/-

AVSM- 5000/-

VSM- 3000/-

Lt. Gen C A Barretto (Retd.)

PVSM- 6000/-

6000/-

Vice Adm John D’Silva (Retd.)

PVSM- 6000/-

11000/-

AVSM- 5000/-

Rear Adm P. A. Debrass (Retd.)

AVSM- 5000/-

12000/-

NM(G)- 7000/-

Maj Gen (Mrs) G A Saha (Retd.)

AVSM- 5000/-

8000/-

VSM- 3000/-

Cmde K P Mathew (Retd.)

AVSM- 5000/-

5000/-

10.

Brig Ian da Costa (Retd.)

VSM- 3000/-

3000/-

11.

Wg Cdr Cecil Barretto (Retd.)

VSM- 3000/-

3000/-

12.

CPO Nathu Singh Tomar

NM(G)- 7000/-

7000/-

13.

Hony Sub Lt Kans Raj

NM(G)- 7000/-

7000/-

14.

Late Spr Ramchandra S. Shinde

SC- 35000/-

35000/-

Mother

15.

Vice Adm M R Schunker

PVSM- 6000/-

11000/-

AVSM- 5000/-

16.

Gp. Capt C A Dalton

VM(G)- 7000/-

7000/-

17.

Late Lt. Narendra A. Mayekar

KC- 55000/-

55000/-

Widow

18.

Maj. Gen Pakala Venkateswarlu

AVSM- 5000/-

8000/-

VSM- 3000/-

19.

Admiral Sureesh Mehta

PVSM- 6000/-

11000/-

AVSM- 5000/-

20.

Air Vice Marshal Giles Gomez

VSM- 3000/-

3000/-

21.

Col I. J. Crasto

KC- 55000/-

55000/-

22.

Brig. Sanjay Kumar Vidyarthi

SM- 2500/-

2500/-

Rs. 3,87,500/-

(Rupees three lakhs eighty seven thousand five hundred only)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

7TH FEBRUARY, 2019

849

All the award winners have to be paid one time cash and cash in lieu of land once in a year (Annually).

The expenditure shall be debited to Budget Head: 2235–Social Security & Welfare, 60–Other Social

Security & Welfare, 200–Other Programmes, 05–Cash Grant/Cash in lieu of land Grant for the Post

Independence Gallantry, 32–Contribution.

The amount will be drawn and disbursed by the Secretary, Department of Sainik Welfare, Panaji-Goa.

This issues with the concurrence of Finance (Exp.) Department vide their FMS No. 1400043634 dated

07-01-2019.

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

Neetal P. Amonkar, Under Secretary (Home).

Porvorim, 29th January, 2019.

———uuu———

Department of Industries

Order

No. 3/23/2015-IND/48

Government of Goa is pleased to constitute a State

Level Joint Working Group (JWG) for successful

implementation of Pradhan Mantri Yuva Yojana

(PMYY) in the State with following composition.

1. Secretary, Industry

— Chairperson.

2. Secretary, School Education

— Member.

3. Secretary, Higher Education

— Member.

4. Secretary, Labour

— Member.

5. Nodal Manager for the State

— Member.

6. Assistant Director (CAD),

— Member.

Directorate of Technical

Education, Porvorim-Goa

7. Deputy Director of Higher

— Member.

Education, Directorate

of Higher Education,

Porvorim-Goa

8. Professor, Department of

— Member.

Biotechnology, Goa University,

Taleigao Plateau, Goa

9. Associate Professor,

— Member.

Department of Economics,

BITS Pilani Goa Campus,

Zuarinagar, Sancoale-Goa

10. Assistant Professor, Department — Member.

of Economics, BITS Pilani Goa

Campus, Zuarinagar,

Sancoale-Goa

11. Assistant Director of Education, — Member.

Directorate of Education,

Porvorim-Goa

12. Assistant District Educational

— Member.

Inspector, Directorate of

Education, Porvorim-Goa

13. Manager, EDC Limited,

— Member.

1st Floor, EDC House,

Panaji-Goa

14. Deputy Manager, EDC Limited, — Member.

1st Floor, EDC House,

Panaji-Goa

15. Director, Directorate of Skill

— Member.

Development & Entrepreneurship,

Government of Goa,

Patto Plaza, Shramashakti Bhavan,

Panaji-Goa

16. Principal, Farmagudi

— Member.

Government Industrial Training

Institute, Ponda-Goa

17. Principal, Mapusa Government— Member.

Industrial Training Institute,

Peddem, Mapusa-Goa

18. Regional manager, Regional

— Member

E-Hub

Secretary.

The terms of reference of the above Committee

shall be as under:-

(i) Members at Serial No. 6 to 17 are nominated

for a period of 02 years (by rotation) with

effect from issue of this order.

(ii) Joint Working Group is responsible for:-

(a) Recommending project institutes in the

State.

(b) Co-ordinate and converge entrepreneur-

ship development initiatives.

(d) Providing short and medium-term

policy recommendation/inputs to the

Scheme to enhance access.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

7TH FEBRUARY, 2019

850

(e) Suggest course corrections at the State

level within the ambit of the scheme.

(iii) JWG is required to meet bi-annually to

review the implantation of the scheme in

the State.

By order and in the name of the Governor

of Goa.

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

Porvorim, 29th January, 2019.

———uuu———

Department of Labour

Notification

No. 28/2/2019-LAB/97

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa

on 11-01-2019 in Case No. A-IT/11/14 in Ref. No. IT/

/56/12 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, 28th January, 2019.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Case No. A-IT/11/14

Ref. No. IT/56/12

M/s. Sonafi India Ltd.,

Plot No. L-121, Phase III,

Verna Industrial Estate,

Verna, Goa-403 722.

… Applicant/Party I

V/s

Shri Krishna Shirsodkar,

S-6, Prabhu Enclave,

Sapana Park,

Ponda, Goa-403 401.

… Opponent/Party II

Applicant/Party I represented by Ld. Adv. Shri M.

S. Bandodkar.

Opponent/Party II represented by Ld. Adv. Shri S.

R. Naik Tari.

AWARD

(Delivered on this the 11th day of the month

of January of the year 2019)

This is an application filed by the Applicant/

/Party I under Section 33(2)(b) of the Industrial

Disputes Act, 1947.

2. Briefly stated, the case of the Applicant is as

follows:

That the Opponent was employed at Verna as

operator and that he committed serious acts of

misconducts as per the Certified Standing Orders

applicable to him and therefore he was issued a

suspension order dated 30-8-2011 and thereafter,

he was issued chargesheets dated 9-9-2011 and

26-9-2011. The enquiry was conducted by following

the principles of natural justice, by appointing an

impartial Enquiry Officer. The Enquiry Officer after

appreciating the evidence and documents on the

record of the enquiry, submitted his findings dated

8-2-2014 to the management, wherein he came to

the conclusion that the charges have been proved

against the Opponent in respect of both the

chargesheets and having regards to the gravity

and seriousness of the charges found proved

against the workman, the management had come

to the conclusion that there is no extenuating

circumstances to take any lenient view in the

matter and the Management therefore decided to

dismiss the Opponent from the services of the

Applicant and accordingly, the Opponent was

dismissed from the services with effect from

2-4-2014 vide the dismissal letter dated 2-4-2014. A

cheque for one month’s wage/salaries was also sent

to the Opponent as required under the law and

therefore prayed to approve the action taken by

the Applicant of dismissal of the Opponent under

Clause (b) sub-section (2) of Section 33 of the

Industrial Disputes Act, 1947.

3. The Opponent/Party II filed a written

statement denying the case of the Applicant

inter-alia claiming that the Applicant has not

conducted a fair and proper enquiry by following

the principles of natural justice and as per the

provisions of law and that the Applicant is not

entitled to the approval of action as prayed for. The

Applicant in collusion with Mr. Sachin Naik, has

falsely implicated him in the alleged incident with

sole intention of terminating the services of the

confirmed workman being an unionized member.

Rejoinder to the written statement of the Opponent

came to be filed by the Applicant at Exb. 6 denying

the case put forth by the Opponent.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

7TH FEBRUARY, 2019

851

4. Based on the pleadings of the parties,

the following issues were framed in the matter at

Exb. 9.

Whether the Applicant proves that the

domestic enquiry held against the Opponent

is fair and proper?

Whether the Applicant proves that

the charges of misconduct are proved

prima-facie against the Opponent?

Whether the Applicant proves that the order

of dismissal effected vide letter dated

2-4-2014 against the Opponent is just and

legal?

Whether the approval be accorded

u/s 33(2)(b) of I.D. Act to the action of the

Applicant of dismissing the Opponent from

the service?

What Award?

5. It is a matter of record that preliminary issues

No. 1 and 2 were answered vide Order dated

29-09-2017 at Exh. 22 and held that domestic

enquiry initiated against the workman, Shri Krishna

Shirsodkar is fair and proper. It was also observed

that the charges of misconduct leveled against the

Opponent by Applicant are proved to the

satisfaction of the Tribunal.

6. The Opponent in support of issues No. 3, 4

and 5 has examined himself and produced on

record a copy of letter dated 17-7-1998 at Exh. 26,

a copy of E.S.I.C. Card at Exh. 27 and a copy of reply

to show cause notice dated 28-2-2014 along with

registration slip at Exh. 28 colly. The Opponent

also examined Shri Rajesh Naik as second witness

and closed his case.

7. Heard arguments. Notes of Written arguments

came to be placed on record by the Applicant.

8. I have gone through the records of the case

and have duly considered the arguments advanced.

My answers to the above issues are as follows:

Issue No. 3

…

In the Affirmative.

Issue No. 4

…

In the Affirmative.

Issue No. 5

…

As per Final order

REASONS

Issues No. 3 & 4:

9. Ld. Adv. Shri S. N. Tari for the Opponent has

submitted that the Applicant had not led any

evidence nor any witnesses have stepped into the

witness box to prove the above issues nor there is

any suggestion that action by the management

against the Opponent is proper, on the contrary,

the Opponent has examined two witnesses viz.

Shri Krishna Shirsodkar and Shri Rajesh Naik and

therefore issue No. 3 remained unproved by the

Applicant. He further submitted that the Tribunal

should refuse to accord approval under Section

33(2)(b) of the Act to an order of dismissal or

discharge if it appears to it that the employer has

acted without any evidence or on a view of facts

which could not be reasonably entertained. He

further submitted that it is well established in the

case of G. K. Sengupta vs. Hindustan Construction

Co. Ltd., 1994 (68) FLR 1117 that the award of

punishment for misconduct under the Standing

Orders is a matter for the management to decide

but the Tribunal is required to consider the

propriety or adequacy of the punishment or

whether it is excessive or too severe. He further

submitted that the punishment being improper and

unjust, no approval can be granted.

10. Per contra, Ld. Adv. Shri M. S. Bandodkar for

the Applicant has submitted that the evidence on

record clearly proves that the company has

followed Section 32(2)(b) of the Industrial Disputes

Act, which is fortified by the fact that issues No.

1 and 2 have been answered in favour of the

company. He further submitted that the scope of

jurisdiction under Section 33(2)(b) is limited and

cannot be equated with Section 10 of the Industrial

Disputes Act and that the Tribunal cannot go into

the proportionality of the punishment under above

provision of law and it can be considered under

Section 11-A, only if reference is made under

Section 10 of the Act. The Opponent has

repeatedly committed amongst other misconducts,

fraud and dishonesty in connection with the profit

of the company by making money without doing

work and the fraud being a serious act of

misconduct, the punishment given by the

management is proportionate. The workman has

been paid compensation as required under Section

33(2)(b) and has complied with the provisions of

the said Act and therefore, the company is entitled

for according permission as stipulated under

Section 33(2)(b) of the Act. He relied upon the

following citations viz. (i) Cholan Roadways Ltd.

vs. G. Thirugnanasambandam, 2005 3 SCC 241:

(ii) Cominco Binani Zinc Limited vs. K. N.

Mohanan and Anr. in O.P. 5425.

11. Admittedly, by order dated 29-09-2017 the

preliminary issue No. 1 and 2 were answered in

favour of Applicant/Party I and it was held that the

enquiry conducted against the workman/Party II is

fair, proper and just and the charges of misconduct

leveled against the Opponent by the Applicant

are proved to the satisfaction of the Tribunal.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

7TH FEBRUARY, 2019

852

Shri Krishna Shirsodkar has admitted in the cross

examination that the order was passed by the

Tribunal on 29-9-2017 holding that the enquiry

conducted against him was fair and proper and

charges of misconduct leveled against him are

proved. The other witness, Shri Rajesh Naik has

also admitted that he had not participated in the

enquiry conducted against the Opponent. The

Opponent has produced on record the documents

namely letter of appointment at Exh. 26, a copy of

ESIC Card and reply to the show-cause notice,

which are irrelevant nor they support the above

issues. The Opponent had not led any evidence

during the enquiry proceedings as well as on

fairness of domestic enquiry and charges of

misconduct which stood proved by the Applicant/

/Party I and therefore, the allegation in the affidavit

that false charges have been leveled against him

and that the findings of Enquiry Officer dated

8-2-2014 were illegal or that the employer in

collusion with one Sachin Naik had falsely

implicated him in the alleged incident cannot stand

the test of scrutiny nor it is open to the Opponent

to canvas such a submission.

12. Learned Advocate Shri Tari has also

submitted that the Applicant had not led any

evidence on the above issues, however, it is a matter

of record that the Applicant had filed an

application at Exh. 23 that the Court has passed an

order holding enquiry as fair and proper and that

as they have led evidence of Shri Durgesh Pai Angle

who was cross examined by the Opponent, it does

not desire to lead further evidence and if the

Opponent desires to cross examine the witness,

they are ready to bring the witness. The Opponent

initially volunteered to cross examine the witness,

however subsequently failed to cross examine him

and hence the evidence was closed and thereafter

above two witnesses of Opponent were examined.

The Opponent therefore cannot claim that no

evidence on behalf of Applicant has been led on

the above issues.

13. Once it is held that the Applicant have

proved issue No. 1 and 2 in its favour, it has only

to be seen that the order of dismissal effected vide

letter dated 2-4-2014 against the Opponent is just

and legal and whether the approval has to be

granted to the action of the Applicant under Section

33(2)(b) of the Industrial Disputes Act. There cannot

be any dispute that the Applicant followed the

procedures required under Section 33(2)(b). It is

well settled that the Tribunal cannot go into

proportionality of the punishment under Section

33 (2)(b) of the Act as observed in the case of

Cholan Roadways Ltd., supra wherein it has been

held that it is neither in doubt nor in dispute that

the jurisdiction of the Industrial Tribunal under

Section 33(2)(b) of the Industrial Disputes Act is a

limited one. The jurisdiction of the Industrial

Tribunal under Section 33(2)(b) cannot be equated

with that of Section 10 of the Industrial Disputes

Act as under Section 11(A) when an industrial

dispute relating to discharge or dismissal of a

workman has been referred to the Court or to the

Tribunal, the Court can go into proportionality of

punishment, unlike in the case of approval under

Section 33(2)(b) of the Act. The Opponent has also

not challenged the punishment of discharge on

the ground that it was vindictive, malafide and

extremely disproportionate. It is therefore the

Tribunal cannot go into justifiability of discharge/

/dismissal while considering application under

Section 33(2)(b) of the Act.

14. Ld. Adv. Shri M. S. Bandodkar for the

Applicant has submitted and rightly so that the

Opponent has committed amongst other

misconducts, misconduct of dishonesty in

connection with his employment. He had obtained

benefit under false pretext by making false

statement. The charges leveled against him

including dishonesty in connection with

employers business or property inside the

establishment; disorderly, indecent or improper

behaviour in the premises of the establishment,

wrongfully interfering with the records of

attendance or means of recording attendance of

oneself or any other employee or willful

falsification, defacement, destruction or tampering

with the record of the company including fraud

and dishonesty have been sufficiently proved by

the Applicant in the domestic enquiry. The

misconducts alleged and proved by the Applicant/

/Party I against the Opponent is very serious in

nature and therefore the Applicant is justified in

awarding the punishment of dismissal, which

cannot be termed as disproportionate in the

absence of proof of malafides, unfair labour

practices or victimization.

15. The reliance placed on the case of G. K.

Sengupta, supra is not applicable to the case at

hand as in that case the parties were not heard

and no opportunity was given to the employee to

show that the findings of the domestic enquiry

was not supported by any legal material. The order

was passed merely on consideration of the

application of the employer for approval and the

written statement of the employee and the Hon’ble

Court has held that no opportunity of hearing was

given, unlike in the present case wherein the

Applicant had complied with the provision of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

7TH FEBRUARY, 2019

853

Section 33(2)(b). The Applicant has held a proper

domestic enquiry in the present case in which all

the conditions prescribed by Section 33(2)(b) have

been satisfied. The Opponent has also been paid

the compensation as provided by the proviso. The

Court has also held that the fair and proper enquiry

has been conducted and that principle of natural

justice has been followed and the charges against

the Opponent have been proved. There is therefore

no occasion to hold that the order of dismissal

effected vide letter dated 2-4-2014 against the

Opponent is unjust and illegal and therefore, the

action of the Applicant of dismissing the Opponent

from the service has to be approved. The Opponent

has not shown any justification in refusing to

accord approval to the action taken by the

Applicant and therefore, issue No. 3 and 4 are

answered in the affirmative.

Issues No. 5:

16. Once it is held that the domestic enquiry

held against the Opponent is fair and proper and

that the charges of misconduct are proved against

the Opponent and the order of dismissal effected

vide letter dated 2-4-2014 against the Opponent is

just and legal and that the Applicant have complied

with the provision of Section 33(2)(b) of the Act,

the approval has to be accorded to the action of

the Applicant of dismissing the Opponent from

the service as the jurisdiction of the Tribunal is

limited and in such a situation the application for

approval filed by the Applicant has to be granted.

Hence, the above issue is answered accordingly.

17.

In the result, I pass the following:

ORDER

(i) The application for approval filed by

Applicant stands granted.

(ii) Consequently, approval is accorded to the

action of the Applicant in dismissing the

Opponent from service vide order dated

2-4-2014 as contemplated under Section

33(2)(b) of Industrial Disputes Act, 1947.

(iii) No order as to costs.

(iv) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

Inspectorate of Factories and Boilers

Order

No. 2/13(Part)/ADM-IFB/2018/4029

On the recommendation of the Departmental

Promotion Committee as conveyed by Goa Public

Service Commission, Panaji, vide letter No. COM/II/

/12/19(1)/2013/360 dated 24-01-2019, Government

is pleased to declare Shri Sanjay Ratnakar Naik,

Inspector of Factories (Group B Gazetted) in the

Inspectorate of Factories and Boilers, Altinho, Panaji

to have satisfactorily completed his probation

period of two years on 15-06-2018 and confirm him

to the post of Inspector of Factories (Group B

Gazetted) with effect from the date of his

completion of probation period.

By order and in the name of the Governor of

Goa.

Vivek P. Marathe, Chief Inspector & ex officio

Joint Secretary (Factories and Boilers).

Panaji, 31st January, 2019.

———uuu———

Department of Law & Judiciary

Law (Establishment) Division

Court of the Principal District &

Sessions Judge, North Goa

No. DSC/HOL/121/2019/795

Approved List of Holidays and Vacations for

the Year 2019 for the District and Subordinate

Courts in the North Goa District

Sr.

Holidays

Date

Days of

No.

the week

01. New Year Day

01-01-2019

Tuesday.

02. Chhatrapati Shivaji 19-02-2019

Tuesday.

Maharaj Jayanti

03. Mahashivratri

04-03-2019

Monday.

04. Holi

21-03-2019

Thursday.

05. Gudi Padava

06-04-2019

Saturday.

06. Maundy Thursday

18-04-2019

Thursday.

07. Good Friday

19-04-2019

Friday.

08. May Day (*)

01-05-2019

Wednesday.

09. Ramzan-Id/Id-

05-06-2019

Wednesday.

-Ul-Fitr (**)

10. Id-Ul-Zuha

12-08-2019

Monday.

(Bakri-Id) (**)

11. Independence Day (*) 15-08-2019

Thursday.

12. Janmashtami

23-08-2019

Friday.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

7TH FEBRUARY, 2019

854

13. Ganesh Chaturthi

02-09-2019

Monday.

(First day) (*)

14. Ganesh Chaturthi

03-09-2019

Tuesday.

(Second day)

15. Moharrum (**)

10-09-2019

Tuesday.

16. Mahatma Gandhi

02-10-2019

Wednesday.

Jayanti

17. Dussehra

08-10-2019

Tuesday.

18. Dhantrayodashi

25-10-2019

Friday.

19. Diwali 2nd day/

28-10-2019

Monday.

/Govardhan Puja

20. Bhaubeej

29-10-2019

Tuesday.

21. Feast of St. Francis 03-12-2019

Tuesday.

Xavier

22. Feast of Immaculate 09-12-2019

Monday.

Conception

23. Goa Liberation

19-12-2019

Thursday.

Day (*)

24. Christmas Eve

24-12-2019

Tuesday.

25. Christmas Day (*)

25-12-2019

Wednesday.

No days have been proposed as holidays on

account of

(1) Republic Day (*)

26-01-2019

Saturday.

(2) Hartalika

01-09-2019

Sunday.

(3) Id-e-Milad (**)

10-11-2019

Sunday.

Summer Vacation

From: 06-05-2019 to 02-06-2019 (Both days

inclusive).

Winter Vacation

From: 23-12-2019 to 29-12-2019 (Both days

inclusive).

Note:-

1. Please note that the Hon’ble High Court has clarified

that the notified holidays and vacations are likely to be

modified in near future as per the recommendations of

the Shetty Commission and directions issued by the

Hon’ble Supreme Court of India in Writ Petition No. 1022/89

(All India Judges’ Association Vs. Union of India and

others).

2. (*) Are paid holidays for daily rated staff if they are

in service on the preceding and the succeeding working

days.

3. (**) The holidays at Sr. Nos. 9, 10 and 15 will be

availed on the days the Government of Goa declares

public holidays.

Irshad Agha, Principal District Judge and

Sessions Judge, North Goa, Panaji.

Panaji, 17th January, 2019.

Court of the Principal District &

Sessions Judge, South Goa

No. DSC/MAR/HOL-69/2019/552

List of Holidays and Vacations for the Year

2019 for the District and Subordinate Courts in

South Goa District

Sr.

Holidays

Date

Days of

No.

the week

01. New Year Day

01-01-2019

Tuesday.

02. Chhatrapati Shivaji 19-02-2019

Tuesday.

Maharaj Jayanti

03. Mahashivratri

04-03-2019

Monday.

04. Holi

21-03-2019

Thursday.

05. Gudi Padava

06-04-2019

Saturday.

06. Maundy Thursday

18-04-2019

Thursday.

07. Good Friday

19-04-2019

Friday.

08. May Day (*)

01-05-2019

Wednesday.

09. Ramzan-Id/Id-

05-06-2019

Wednesday.

-Ul-Fitr (**)

10. Id-Ul-Zuha

12-08-2019

Monday.

(Bakri-Id) (**)

11. Independence Day (*) 15-08-2019

Thursday.

12. Janmashtami

23-08-2019

Friday.

13. Ganesh Chaturthi

02-09-2019

Monday.

(First day) (*)

14. Ganesh Chaturthi

03-09-2019

Tuesday.

(Second day)

15. Moharrum (**)

10-09-2019

Tuesday.

16. Mahatma Gandhi

02-10-2019

Wednesday.

Jayanti

17. Dussehra

08-10-2019

Tuesday.

18. Dhantrayodashi

25-10-2019

Friday.

19. Diwali 2nd day/

28-10-2019

Monday.

/Govardhan Puja

20. Bhaubeej

29-10-2019

Tuesday.

21. Feast of St. Francis 03-12-2019

Tuesday.

Xavier

22. Feast of Immaculate 09-12-2019

Monday.

Conception

23. Goa Liberation

19-12-2019

Thursday.

Day (*)

24. Christmas Eve

24-12-2019

Tuesday.

25. Christmas Day (*)

25-12-2019

Wednesday.

No days have been proposed as holidays on

account of

(1) Republic Day (*)

26-01-2019

4th Saturday.

(2) Hartalika

01-09-2019

Sunday.

(3) Id-e-Milad (**)

10-11-2019

Sunday.

Summer Vacation

From: 06-05-2019 to 02-06-2019 (Both days

inclusive).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

7TH FEBRUARY, 2019

855

Winter Vacation

From: 23-12-2019 to 29-12-2019 (Both days

inclusive).

Note:-

1. Please note that the Hon’ble High Court has clarified

that the notified holidays and vacations are likely to be

modified in near future as per the recommendations of

the Hon’ble Justice Shetty Commission and directions

issued by the Hon’ble Supreme Court of India in Writ

Petition No. 1022/89 (All India Judges’ Association

Vs. Union of India and Others).

2. (*) The holidays at Sr. Nos. 8, 11, 13, 23, 25 of the

list are paid holidays for daily rated staff if they are in

service on the preceding and the succeeding working

days and so also at Sr. No. 1 of the list of holidays that

have not been proposed on account of 4th Saturday.

3. (**) The holidays at Sr. Nos. 9, 10 and 15 of the list

will be availed on the days the Government of Goa

declares public holiday and so also at Sr. No. 3 of the list

of holidays that have not been proposed on account of

Sunday.

Sayonara T. Laad, District Judge-2 & Addl.

Sessions Judge, South Goa, Margao.

I/C Principal District & Sessions Judge, South

Goa, Margao.

Margao, 28th December, 2018.

———uuu———

Department of Personnel

Order

No. 22/10/2018-PER/357

The Governor of Goa is pleased to allot the

charge of Superintendent of Police (Security),

Wireless & Communication, SPCR and ANC to the

following officers, in addition to their own duties,

with immediate effect, in public interest:-

Sr.

Name

Additional charge

No.

allotted

1. Shri Utkrisht Prasoon,

SP (ANC).

IPS, SP (SB) holding

charge of Principal PTS,

Commandant 1st, 2nd

& 3rd IRBn, SP (Training)

2. Shri Bosco George, SP

SP (Security),

(FRRO)

Wireless &

Communication,

SPCR.

By order and in the name of the Governor of

Goa.

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

Porvorim, 29th January, 2019.

Order

No. 7/13/2014-PER/381

In pursuance to the order No. 19011/3/2018-

-IFS-1(AGMUT) dated 04-12-2018 of the Government

of India; Ministry of Environment, Forest & Climate

Change, New Delhi, the Governor of Goa is pleased

to post Ms. Yashoda K, IFS (AGMUT:2009) as the

Deputy Conservator of Forests (Parks, Gardens &

Social Forestry), with effect from 01-02-2019.

Ms. Yashoda K, IFS, joined the Goa administration

on 17-12-2018 (b.n.), after availing joining time of

12 days w.e.f. 04-12-2018 to 16-12-2018 and was

awaiting posting.

By order and in the name of the Governor of

Goa.

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

Porvorim, 30th January, 2019.

________

Order

No. 7/3/2019-PER/394

Shri Ameya Abhyankar, IAS, Secretary

(Information & Technology) shall hold the charge

of the post of Director (Mines & Geology), in

addition to his duties in public interest with

immediate effect.

Shri Prasanna Acharya, Director, Mines &

Geology shall report to Department of Personnel

for further posting.

By order and in the name of the Governor of

Goa.

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

Porvorim, 1st February, 2019.

________

Notification

No. 7/8/2016-PER (PART-I)/352

In exercise of the powers conferred by Clause

(1) of Article 316 of the Constitution of India, read

with Regulation 5 of the Goa Public Service

Commission (Members and Staff) (Conditions of

Service) Regulations, 1988, the Governor of Goa is

pleased to appoint Shri Jose Manuel Noronha, as

Chairman, Goa Public Service Commission.

The tenure of Shri Jose Manuel Noronha, as

Chairman, Goa Public Service Commission will

commence from the date on which he enters upon

his office upto the date on which he completes

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

7TH FEBRUARY, 2019

856

cumulative tenure of six years including service

rendered as Ld. Member or until he attains the age

of sixty-two years, whichever is earlier.

By order and in the name of the Governor of

Goa.

Yetindra M. Maralkar, Additional Secretary

(Personnel).

Porvorim, 29th January, 2019.

———uuu———

Department of Public Health

Order

No. 4/1/2018-IV/PHD/4938

Sanction of the Government is hereby accorded

for re-designation of two posts of Receptionist-cum-

-Telephone Operator as Lower Division Clerk

in Goa Dental College & Hospital, Bambolim with

immediate effect.

This issues with the approval of the High Level

Empowered Committee (HLEC) constituted

with the approval of the Council of Minister 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.

Approval of the High Level Empowered

Committee (HLEC) is conveyed vide letter No. 9/13/

/IDCO/2018-ARD/376 dated 23-11-2018, issued by

the Department of Administrative Reforms,

Secretariat.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health-I).

Porvorim, 25th January, 2019.

________

Order

No. 4/1/2018-IV/PHD/4939

Sanction of the Government is hereby accorded

to transfer one filled post of Assistant Engineer

(Electrical) from Goa Dental College & Hospital,

Bambolim to the Electricity Department against the

vacant post with pay protection for the incumbent

and no seniority shall be maintained in the

Electricity Department.

This issues with the approval of the High

Level Empowered Committee (HLEC) constituted

with the approval of the Council of Minister 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.

Approval of the High Level Empowered

Committee (HLEC) is conveyed vide letter No. 9/13/

/IDCO/2018-ARD/376 dated 23-11-2018, issued by

the Department of Administrative Reforms,

Secretariat.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health-I).

Porvorim, 25th January, 2019.

———uuu———

Raj Bhavan

Order

No. GS/EST/PER/148/2016/289

Read: 1) Application dated 06-12-2018 from

Smt. Vanessa D’Cunha e D’Souza, Section

Officer.

2) Letter No. 16/3/2016-GAD-III/157 dated

10-01-2019 from Under Secretary (GA)

conveying Government approval for

extension of deputation for 3rd year.

Consequent upon the approval of the Government

conveyed vide letter No. 16/3/2016-GAD-III/157

dated 10-01-2019, by the Under Secretary (GA),

General Administration Department, Secretariat,

the tenure of deputation period of Smt. Vanessa

D’Cunha e D’Souza, Section Officer (Group ‘B’

Gazetted) in the pay scale at Level 7 is hereby

extended for a further period of one year (i.e. 3rd

year) w.e.f. 16-12-2018 to 15-12-2019.

2. The deputation of Smt. Vanessa D’Cunha e

D’Souza shall be governed by the standard

terms and conditions contained in the O.M. No.

13/4/74-PER dated 20-11-2013 issued by the

Department of Personnel and as amended from time

to time.

3. The expenditure towards pay and allowances

of Smt. Vanessa D’Cunha e D’Souza shall be debited

to Budget Head “2012—Governor; 03—Governor/

/Administration/U.TS—090—Secretariat—

01—Secretariat of the Governor (charged);

01— Salaries.

By order and in the name of the Governor of

Goa.

Biju Naik, Joint Secretary to Governor.

Raj Bhavan, 31st January, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

7TH FEBRUARY, 2019

857

Department of Revenue

Order

No. 26/07/01/2018-RD (P.F.II)/289

Read: Order No. 26/2/98-RD(Part) dated

01-05-2015.

In terms of Rule 17 of the Goa Civil Service

Rules, 1997 and on the recommendation of the Goa

Public Service Commission as conveyed vide their

letter No. COM/II/12/29(1)/2016/359 dated 24th

January, 2018, Government is pleased to declare

the following officials to have satisfactorily

completed their probation period and confirmed

as Inspector of Survey and Land Records, as on

31-12-2016:

1. Smt. Maya Amonkar, ASSO

2. Smt. Anisha A. Matondkar, ISLR and

3. Shri Anand V. Vaigankar, ISLR.

By order and in the name of the Governor of

Goa.

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

Porvorim, 1st February, 2019.

________

Corrigendum

No. 26/5/2015-RD/279

Read: Order No. 26/5/2015-RD/2414 dated

12-11-2018.

The figures and words i.e. “24-10-2016” in the

above mentioned Order shall be read as “24-10-2017”.

The remaining contents of the Order shall

remain unchanged.

By order and in the name of the Governor

of Goa.

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

Porvorim, 28th January, 2019.

Department of Rural Development

Notification

No. DRDA-N/4-355/GGSY/2018-19/2143

In terms of Clause 7 of Goa Gram Samrudhi

Yojana (GGSY) Guidelines, notified vide Notification

No. DRDA-N/2-268/GGSY/2008-09/1426 dated

01-07-2008, Government of Goa is pleased to

reconstitute the Committee for sanctioning the

projects under Goa Gram Samrudhi Yojana with

immediate effect as follows:

1. Shri Jayesh V. Salgaonkar,

— Chairman.

Hon’ble Minister for Rural

Development

2. Shri Rajesh Patnekar,

— Member.

Hon’ble MLA, Bicholim

Constituency

3. Shri Prasad Gaonkar,

— Member.

Hon’ble MLA, Sanguem

Constituency

4. Shri Virendra G. Shirodkar,

— Member.

Sarpanch, V. P. Reis Magos

5. Project Director, DRDA North & — Member.

ex officio Joint Secretary (R.D.)

By order and in the name of the Governor of

Goa.

Brijesh D. Manerkar, Project Director & ex officio

Joint Secretary (R. D.).

Panaji, 31st January, 2019.

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