Panaji, 14th February, 2019 (Magha 25,1940)

SERIES II No. 46

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)/342

The Goa Public Service Commission has concurred the decision of the Government vide their letter No.

COM/II/12/2(3)/2018/310 dated 09-01-2019, to extend the probation period of Smt. Shruti S. Dhupkar, Farm

Manager, Group ‘B’ Gazetted Officer of this Directorate in the pay band of PB–II Rs. 9,300-34,800+4,200/-

Grade Pay (Level-6 of the Pay Matrix) by the length of long leaves availed by her as detailed below:

Sr.

Name of the

Date of joining

Date of actual

No. of long leaves

Date of extension

No.

officer

in regular service

completion of

availed

of probation

as Farm Manager

probation period

period

Smt. Shruti S.

27-06-2016

26-06-2018

Maternity Leave for

27-06-2018

Dhupkar

180 days & Child Care

Leave for 90 days

23-03-2019.

(180+90=270 days)

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

Madhav B. Kelkar, Director & ex officio Joint Secretary (Agriculture).

Tonca, Caranzalem, 12th February, 2019.

———uuu———

Department of Civil Supplies & Consumer Affairs

—

Order

No. DCS/EST/Appt. PIO/TALUKA/2018-19/442

In exercise of powers conferred under Section 5 of Right to Information Act, 2005 the Government of

Goa is pleased to designate following Officials as Public Information Officer, Asst. Public Information

Officer & First Appellate Authority at Taluka Level, with immediate effect.

Sr.

Name of Office

Name of Public

Name of Assistant

First Appellate Authority

No.

Information Officer

Public Information Officer

Civil Supplies

Inspector

Sub-Inspector (Consumer

Jt. Mamlatdar-I/Controlling

Office Tiswadi

Incharge (CS)

Affairs Cell)

Officer Tiswadi Taluka.

Taluka

Note:-

There are two Extraordinary issues to the Official Gazette, Series II No. 45 dated 07-02-2019 as follows:—

(1) Extraordinary dated 07-02-2019 from pages 859 to 860 regarding Order from Department of Finance.

(2) Extraordinary (No. 2) dated 08-02-2019 from pages 861 to 862 regarding Notification from Goa Legislature

Secretariat.

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

863

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

864

Civil Supplies

Inspector

Sub-Inspector (Consumer

Jt. Mamlatdar-III/Controlling

Office Bardez

Incharge (CS)

Affairs Cell)

Officer Bardez Taluka.

Taluka

Civil Supplies

Inspector

Sub-Inspector (Consumer

Jt. Mamlatdar-I/Controlling

Office Pernem

Incharge (CS)

Affairs Cell)

Officer Pernem Taluka.

Taluka

Civil Supplies

Inspector

Sub-Inspector (Consumer

Jt. Mamlatdar-I/Controlling

Office Bicholim

Incharge (CS)

Affairs Cell)

Officer Bicholim Taluka.

Taluka

Civil Supplies

Inspector

Sub-Inspector (Consumer

Jt. Mamlatdar-I/Controlling

Office Satari

Incharge (CS)

Affairs Cell)

Officer Satari Taluka.

Taluka

Civil Supplies

Inspector

Sub-Inspector (Consumer

Jt. Mamlatdar-I/Controlling

Office

Incharge (CS)

Affairs Cell)

Officer Dharbandora Taluka.

Dharbandora

Taluka

Civil Supplies

Inspector

Sub-Inspector (Consumer

Jt. Mamlatdar-I/Controlling

Office Ponda

Incharge (CS)

Affairs Cell)

Officer Ponda Taluka.

Taluka

Civil Supplies

Inspector

Sub-Inspector

Jt. Mamlatdar-I/Controlling

Office Salcete

Incharge (CS)

(Consumer Affairs

Officer Salcete Taluka.

Taluka

Cell)

Civil Supplies

Inspector

Sub-Inspector (Consumer

Jt. Mamlatdar-I/Controlling

Office Sanguem

Incharge (CS)

Affairs Cell)

Officer Sanguem Taluka

Taluka

10.

Civil Supplies

Inspector

Sub-Inspector (Consumer

Jt. Mamlatdar-I/Controlling

Office Quepem

Incharge (CS)

Affairs Cell)

Officer Quepem Taluka.

Taluka

11.

Civil Supplies

Inspector

Sub-Inspector (Consumer

Jt. Mamlatdar-I/Controlling

Office Mormugao

Incharge (CS)

Affairs Cell)

Officer Mormugao Taluka.

Taluka

12.

Civil Supplies

Inspector

Sub-Inspector (Consumer

Jt. Mamlatdar-I/Controlling

Office Canacona

Incharge (CS)

Affairs Cell)

Officer Canacona Taluka.

Taluka

This issues with the approval of the Government.

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

Sandhya Kamat, Director & ex officio Joint Secretary (Civil Supplies & Consumer Affairs).

Panaji, 31st January, 2019.

———uuu———

Department of Co-operation

Office of the Registrar of Co-operative Societies

Order

No. 1-3-71/EST/RCS(Part) Vol. II/4360

On the recommendations of the Departmental Promotion Committee conveyed by the Goa Public

Service Commission, Panaji vide letter No. COM/II/11/11(1)/2012/367 dated 28-01-2019, Government is

pleased to promote Shri Sanjay S. Khajankar (ST) to the post of Assistant Registrar of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

865

Co-operative Societies, Group “B” (Gazetted) in the establishment of the Registrar of Co-operative

Societies in the pay of Rs. 44,900–Rs. 1,42,400/- (Pay Matrix Level 7) on regular basis with immediate

effect. He shall be posted as Assistant Registrar of Co-operative Societies, Marketing, Panaji.

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

Menino D’Souza, Registrar & ex officio Addl. Secretary (Co-op. Societies).

Panaji, 6th February, 2019.

———uuu———

Department of General Administration

Notification

No. 25/4/95-GA&C/529

As a mark of respect to the departed soul of Shri

Francis D’Souza, former Deputy Chief Minister of

the State of Goa who passed away today

(14-02-2019), all the State Government offices, Local/

/Autonomous bodies, Public Sector Undertakings,

all Educational Institutions including the Aided

Institutions shall remain closed on 15-02-2019.

By order and in the name of the Governor of

Goa.

Manuel Barreto, Under Secretary (GA-II).

Porvorim, 14th February, 2019.

______

Notification

No. 25/4/95-GA&C/530

Government of Goa expresses profound sorrow

on the sad demise of Shri Francis D’Souza, former

Deputy Chief Minister of the State of Goa on

14-02-2019.

As a mark of respect to the departed dignitary,

three days State Mourning will be observed

throughout the State of Goa from 15-02-2019 to

17-02-2019, both days inclusive.

During the period of State Mourning, the

National Flag will fly at Half Mast on all the

buildings throughout the State of Goa where it is

regularly flown and there will be no official

entertainment.

By order and in the name of the Governor of

Goa.

Manuel Barreto, Under Secretary (GA-II).

Porvorim, 14th February, 2019.

Department of Home

Home–General Division

Order

No. 2/44/2013-HD(G)/403

In exercise of the powers conferred by Clause (e)

of sub-section (2) of Section 3 of the Foreigners

Act, 1946 (31 of 1946), read with the G.S.R. 529(E)

of the Foreigners’ Division, Section-I, Ministry of

Home Affairs, Government of India, New Delhi, and

published in the Gazette of India, Extraordinary

dated 03-05-1988, the Government of Goa hereby

requires the illegal immigrants/foreign nationals

awaiting deportation to reside in the Detention

Centre at Old Judicial Lock-up at Mapusa next to

the Mapusa Police Station.

This order shall come into force with immediate

effect.

By order and in the name of the Governor of

Goa.

Neetal P. Amonkar, Under Secretary (Home).

Porvorim, 7th February, 2019.

———uuu———

Department of Labour

Notification

No. 28/2/2019-LAB/116

The following award passed by the Labour

Court-II, at Panaji-Goa on 21-01-2019 in Case

No. Ref. C-IT/29/2015 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, 5th February, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

866

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. C-IT/29/2015

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.

… Complainant/Party I

V/s

M/s. Kadamba Transport

Corporation Ltd.,

Paraise de Goa,

Alto-Porvorim, Goa.

… Employer/Party II

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

Kundaikar.

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

Agarwal.

Panaji, dated: 21-01-2019

AWARD

1. This award shall disposed off the complaint

dated 07-08-2015 filed by the Complainant

u/s 33-A of the I.D. Act, 1947.

2. It is the case of the Complainant in short that

he joined the services of the Employer/Party II

(for short, the Employer) as ‘Heavy Vehicle driver’

on daily wages basis w.e.f. 02-05-1994. He stated

that he was appointed 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 withholding of two annual increments with

cumulative effect for the year 1998 and 1999. He

stated that the said dispute was settled in terms

of settlement and an award dated 09-05-2013 was

drawn thereof. He stated that he was not released

with consequential benefits in accordance with

the award. He stated that he therefore raised a

dispute before the Asstt. Labour Commissioner

(ALC), pertaining to the anomaly in pay fixation,

which ended in failure. He stated that his dispute

was referred to the Industrial Tribunal in exercise

of the powers conferred u/s 10 (1) (d) of the

I.D. Act, for adjudication which is pending

before the Labour Court II and bears registration

No. LC-II/IT/07/14.

3. He stated that the Employer was pleased

to implement the Modified Assured Career

Progression Scheme (MACPS) w.e.f. 01-09-2008 as

per the board resolution No. 110/11. He stated that

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 and as such he was entitled for financial

up-gradation under the MACPS which is presently

effective in the Employer Corporation. He stated

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

before the ALC and averred at para 6 that the

punishment of stoppage of increments of 1998 and

1999 has been revoked with prospective effect i.e.

from 09-05-2013 and accordingly, he is eligible for

financial up-gradation under the MACP Scheme

which is presently effective with the corporation.

He submitted that the Employer had filed an

application for amendment dated 25-02-2015 to the

written statement. He stated that Employer had

filed an application for withdrawal of its

amendment application vide its application dated

02-07-2015. He stated that the said application for

withdrawal of amendment was allowed by the

Labour Court II and consequently the said

application for amendment was dismissed by the

Labour Court II. He submitted that this clearly

shows that the Employer has made misleading

averments in its written statement filed before the

Industrial Tribunal in case No. C-IT/07/2015 pending

before the Industrial Tribunal.

4. He stated that by order dated 10-06-2013, the

Employer was pleased to fix his pay in the revised

pay band and grade pay in the pay of Rs. 5200-

-20200+Rs.1900/- grade pay w.e.f. 01-01-2006. He

stated that he has completed 20 years of service in

the same post on 01-03-2015 and was therefore

entitled for second up gradation under the MACPS.

He stated that the Employer has however, by order

dated 15-07-2015 on recommendation of the

departmental screening committee, pleased to

grant first up gradation in service in the pay band

of Rs. 5200/- and grade pay of Rs. 2000/- and basic

pay was fixed at Rs. 9670/- plus Rs. 2000/- grade

pay w.e.f. 09-05-2013. He submitted that the said

order is illegal. He stated that in fact he was

entitled for grade pay of Rs. 2800/- on completion

of 20 years of service. He stated that the MACPS

provides for three financial up gradation at three

intervals of 10-20-30 years of service. He stated

that if the Complainant continues in the same

grade without any promotion than he is eligible

for second up gradation for MACP in PB-I in the

grade pay of Rs. 2800/-. He submitted that despite

completion of 20 years of service, he was not made

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

867

eligible for second up gradation. He therefore,

prayed that the complaint be allowed and this

Hon’ble Tribunal be pleased to hold that he is

entitled for second up gradation on completion of

20 years of service in the same post in consonance

with the MACPS and the Employer be directed to

release the consequential benefits under the

MACPS as applicable in the Employer Corporation.

5. The Employer resisted the complaint by filing

its written statement on 24-06-2016 at Exb. 4. The

Employer submitted that the Complainant has not

only suppressed the material facts from this Hon’ble

Tribunal but also has made misleading statements.

The Employer, as and by way of its preliminary

objections submitted that the complaint is liable

to be dismissed as there is no alterations of service

conditions as alleged by the Complainant, that what

is referred for adjudication is not a complaint as

defined u/s 33-A of the I.D. Act, that since the

present complaint is filed u/s 33-A for the alleged

alteration of service conditions during the

pendency of industrial dispute bearing No. LC-II/

/IT/07/14 before the Hon’ble Labour Court II and

therefore this Hon’ble Court lacks jurisdiction to

adjudicate the complaint as per provisions of

Section 33-A (b).

6. The Employer stated that it is a Government

Company registered under Section 617 of the

Companies Act, 1956. The Employer stated that it

is a State transport undertaking under the purview

of the Motor Transport Act, 1988. The Employer

admitted that the Complainant is working as

‘driver’. The Opponent submitted that its

employees are not the employees of Government of

Goa, it being a separate legal entity. The Opponent

submitted that the service benefits being granted

by the Government of Goa to its employees do not

become automatically applicable to its employees.

The Opponent submitted that its employees are

governed by its Certified Standing Orders. The

Opponent submitted that the service conditions of

its employees are specified in the said Certified

Standing Orders and the memorandum of

settlement drawn between themselves and its

workmen from time to time. The Opponent

submitted that any benefit, which are required to

be extended to its employees, the same are

required to be extended to its employees by

resolution of its Board of Directors. The Opponent

submitted that the Complainant represented by

the union raised dispute before the conciliation

authority demanding the implementation of the

recommendation of the sixth central pay

commission as made applicable to the employees

of Government of Goa. The Opponent stated that

the dispute was taken into conciliation and an

amicable settlement was arrived between both the

parties and a memorandum of settlement dated

30-04-2010 was signed u/s 12 (3) r/w Sec. 18 (3) of

the I.D. Act, 1947. The Opponent stated that in

accordance with the office memorandum

dated 15-05-2012, which is also a part of the

recommendations of sixth central pay commission,

they had placed the proposal before its Board of

Directors seeking approval for applying the benefits

of the said office memorandum to the eligible

workmen. The Opponent stated that its Board of

Directors was pleased to approve in principle the

proposal, vide resolution No. 82/2012 subject to its

clarification from the Government and thereafter

the pay of the Complainant including other eligible

workmen were revised vide order dated 10-06-2013

in accordance with the O.M. dated 15-05-2012. The

Opponent stated that the sixth pay commission in

para 6:1:15 of its report had recommended MACP

scheme. The Opponent submitted that as per

resolution No. 110/11 passed by its Board of

Directors during its 176th meeting, MACP scheme

was adopted to its eligible employees who have

completed 10/20/30 years of regular service. The

Opponent stated that vide resolution No. 110/11

and circular dated 27-11-2012, the MACP scheme

was applied to its employees w.e.f. 01-08-2009

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

The Opponent stated that on recommendation of

the departmental promotional committee its

eligible employees were extended the benefits of

the MACPS. The Opponent stated that as per the

MACPS issued by the Government, it is stated that

at para 15 of the said scheme that for an employee

if the financial up gradation under MACPS is

deferred and not allowed after 10 years in a grade

pay, due to the reasons of the employee being unfit

or due to the departmental proceedings etc. This

would have consequential effect on the subsequent

financial up gradation, which would also differ to

the extent of delay in the first financial up

gradation.

7. The Opponent stated that by way of

disciplinary action for the misconduct committed

by the Complainant, an order dated 18-03-1999 was

issued by them imposing penalty for the stoppage

of two annual increments with cumulative effect

for the year 1998 and 1999. The Opponent admitted

that the dispute raised by the Complainant came

up for hearing before the Industrial Tribunal and

bears case No. IT/37/2012. The Opponent admitted

that the said dispute was settled between the

parties hereinabove before the Hon’ble Industrial

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

868

Tribunal and the said order dated 18-03-1998

imposing penalty for the stoppage of two annual

increments with cumulative effect for the year 1998

and 1999 have been revoked prospectively i.e. from

the date of filing the consent terms in the said

matter. The Opponent therefore submitted that the

Complainant is therefore not entitled to any relief

as claimed for in his complaint. The Opponent

denied the overall case as pleaded by the

Complainant and prayed for dismissal of the

complaint filed by the complainant.

8. Thereafter, the Complainant filed his re-joinder

on 27-07-2016 at Exb. 5. The Complainant, 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 his statement

and averments made in his Claim Statement.

9. Based on the pleadings filed by the respective

parties’ hereinabove, the Hon’ble Industrial

Tribunal-cum-Labour Court framed the following

issues on 18-08-2016 at Exb. 7.

1. Whether the Party I proves that the Party II

has altered the service conditions of Party

I during the pendency of industrial dispute

before the Labour Court II?

2. Whether the Party I proves that he is entitled

for IInd up gradation on completion of 20

years of service in the same post in

consonance with the MACP Scheme?

3. What Relief? What Award?

10. My answers to the aforesaid issues are as

under:

(a) Issue No. 1 :

In the negative.

(b) Issue No. 2 :

In the negative.

As per final order.

I have heard the oral arguments of Ld. Adv.

Shri A. Kundaikar appearing for the Complainant

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

the Employer. I have carefully perused the entire

records and proceedings of the present case. I have

also carefully considered the oral submissions made

by the Ld. Advocates appearing for the respective

parties and is of the considered opinion as under:

11. Issue No. 1:

By the present complaint, the complainant

claims to be in violation of Section 33-A of the

I.D. Act, 1947 by the Employer by issuing the said

order dated 15-07-2015 thereby granting him first

up-gradation under the MACP Scheme. The

pre-condition for the grant of the Section 33-A of

the said Act is that the Complainant shall prove

that the Employer has Contravened Section 33 of

the said Act. Section 33 (1) of the said Act states

that during the pendency of any conciliation

proceedings before the Conciliation Officer or a

board of any proceedings before (an arbitrator or)

a Labour Court or Tribunal or National Tribunal

in respect of an industrial dispute, no employer

shall—

(a) In regard to any matter connected with the

dispute, alter, to the prejudice of the

workmen concerned in such dispute, the

conditions of service applicable to them

immediately before the commencement of

such proceedings or

(b) For any misconduct connected with the

dispute, discharge or punish, whether by

dismissal or otherwise, any workmen

concerned in such dispute,

Save with the express permission in writing

of the authority before which the

proceeding is pending.

12. In the case of Stanley Mendex v/s. Glovanola

Binny Ltd. and Ors., reported in (1968) II LLJ 470,

the Hon’ble High Court of Kerala in para 5 of its

judgment has held as under:

“5. In a complaint made to the tribunal under

Section 33A, the primary question that falls to

be considered by tribunal is whether there has

been a contravention by the employer of the

provisions of Section 33 of the Act, and it is

only in case it is found that there has, in fact,

been such contravention that occasion arises

for the tribunal to embark upon a further

adjudication of the complaint on its merits; in

other words, the tribunal has to be satisfied

initially that there has, in fact, been a

contravention by the employer of the

provisions of Section 33 by effecting during

the pendency of other proceedings before it,

an alteration to the prejudice of the

Complainant concerned, of the conditions of

his service which were applicable to him

immediately before the commencement of such

proceedings”.

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

Court of Kerala is well established and also

applicable to the case in hand. Applying the law

laid down by the Hon’ble High Court of Kerala, in

the case in hand, the reference bearing No. LC-II/

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

869

/IT/07/14 was pending before this Labour Court II

for its adjudication, the Employer passed an order

dated 15-07-2015 by which the complainant was

granted the first up-gradation under the MACP

Scheme and his pay was fixed at Rs. 5200-20200+

Rs. 2000/- grade pay and his pay scale was fixed

at Rs. 9670/- plus Rs. 2000/- grade pay w.e.f.

09-05-2013. The said order granting the first

financial up-gradation to the complainant is

beneficial to him and cannot be said to be

prejudicial or alters his conditions of service. The

Complainant has also failed to explain as to how

the said order dated 15-07-2015 granting him first

up gradation is prejudicial to him. Even otherwise,

the complainant has not accepted the said

order dated 15-07-2015 under protest. In the

circumstances, the order dated 15-07-2015 granting

first financial up-gradation to the complainant

cannot be said to be prejudicial altering his

conditions of service and as such the Employer

cannot be said to be contravened Section 33 of the

said Act, which is the mandatory requirement of

Section 33-A of the I.D. Act, 1947. In view of above,

it is held that the complainant failed to prove that

the Employer has contravened the provisions of

Section 33 of the I.D. Act, 1947, pending a reference

bearing No. LC-II/IT/07/14 before this Labour

Court II. Hence, it is held that the Complainant

failed to prove that the Employer has altered the

service conditions to the prejudice of the

Complainant concerned in such dispute, so as to

file the complaint u/s 33-A of the I.D. Act, 1947.

The complaint filed by the complainant shall

therefore be dismissed. The issue No. 1 is therefore

answered in the negative.

14. Issue No. 2.

While deciding the issue No. 1 hereinabove, I

have discussed and come to the conclusion that

the Complainant failed to prove that the Employer

has altered the service conditions to the prejudice

of the Complainant in such dispute so as to file the

complaint u/s 33-A of the I.D. Act, 1947. In view of

above, the question as to “Whether the Party I

proves that he is entitled for IInd up gradation on

completion of 20 years of service in the same post

in consonance with the MACP Scheme”, does not

arise. Even otherwise, this court vide its award

dated 08-10-2018 passed in its case No. LC-II/IT/

/07/14 already held that the Complainant was not

entitled for the second up-gradation in consonance

with the MACPS. The issue No. 2 is therefore

answered in the negative.

In view of the above, I proceed to pass the

following order.

ORDER

The complaint filed by the complainant is hereby

dismissed. The Complainant is not entitled to any

relief.

No Order as to Cost

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar)

Presiding Officer,

Labour Court-II.

________

Notification

No. 28/2/2019-LAB/Part-I/121

The following Judgment passed by the Labour

Court-II, at Panaji-Goa, on 17-01-2019 in Case No.

LC-II/LCC/08/2018 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, 7th February, 2019.

______

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. LC-II/LCC/08/2018

Shri Sudhir Babu,

R/o. Flat No. F2, Bldg. No. C-2,

Primos Park,

Corlim, Bardez-Goa.

… Applicant

V/s

M/s. Accord Furnishing Pvt. Ltd.,

38/2/4, Site IV,

Sahibabad Industrial Area,

Gaziabad-201010.

… Opponent

Workman/Party-I present in person.

Opponent absent, marked as Ex-parte.

Panaji, Dated: 17-01-2019.

JUDGMENT

1. This judgment shall determine the claim

application of the Applicant dated 12-04-2018 filed

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

870

2. By the present claim application, the

Applicant claimed an amount of Rs. 35000/- (Rupees

Thirty five thousand only) towards his salary for

the month of November, 2017 along with T.A./D.A.

3. A notice was issued to the Opponent by

registered post A/D, returned back with an

endorsement “intimated”. However, none present

for the Opponent on 20-08-2018. The Opponent was

however, duly served by email by the Applicant.

This court after giving ample opportunities to the

Opponent, marked an ex-parte order against them

and an ex-parte proceedings were conducted.

4. This court framed the following issues on

23-10-2018 at Exb. 5.

1. Whether the Applicant proves that he is

entitled to receive from the Opponent a

sum of Rs. 35000/- (Rupees Thirty five

thousand only) towards his earned wages?

2. What Order.

5. My answers to the aforesaid issues are as

under:

(a) Issue No. 1 : In the affirmative.

(b) Issue No. 2 : As per final order.

REASONS

6. Issue No. 1:

In order to prove issue No. 1, the Applicant has

examined himself and produced on record certain

documentary evidence in support of his oral

evidence. The evidence on record indicates that

the Applicant was in the employment of the

Opponent for the period from 01-08-2017 till

30-11-2017 as ‘Area Sales Manager’. He was drawing

a salary of Rs. 28,000/- per month in addition to

T.A./D.A. of Rs. 7000/-. The evidence on record

indicates that he resigned from service of the

Opponent at the end of November, 2017. The

evidence on record indicates that the Applicant

was not paid his earned wages for the month of

November, 2017 as also T.A./D.A. of the said month.

The evidence on record also indicates that the

Applicant was issued a cheque of Rs. 22,400/-

which was dishonoured on account of insufficient

funds.

7. Hence, it is held that the Applicant proved

that an amount of Rs. 35000/- (Rupees Thirty five

thousand only) is due and payable to him from the

Opponent towards his earned wages for the month

of November, 2017 including T.A./D.A. of the said

month. Thus, the Applicant was entitled to receive

from the Opponent, the said amount of Rs. 35000/-

in the first week of December, 2017. The Applicant

is therefore entitled for a simple interest @10% p.a.

on the said amount of Rs. 35,000/- from the date of

its maturity till its actual realization. The issue

No. 1 is therefore answered in the affirmative.

In view of above and with regards to the facts

and circumstances of the case, I pass the following

order:

ORDER

The claim application of the Applicant dated

12-04-2018 is hereby allowed. Consequently,

it is held that the Opponent, M/s. Accord

Furnishing Pvt. Ltd., is hereby directed to

pay to the Applicant, Shri Sudhir Babu a

sum of Rs. 35000/- (Rupees Thirty five

thousand only) along with simple interest

@10% p.a. from the date of its maturity till

its actual realization.

No order as to cost.

Pronounced in the Open Court.

Sd/-

(Suresh N. Narulkar)

Presiding Officer,

Labour Court-II.

———uuu———

Department of Personnel

Order

No. 3/1/80-PER-Vol IV/401

The Governor of Goa is pleased to allot the

charges as mentioned in the Column 3 of the table

hereinbelow to the Officers as mentioned in

Column 2 until further Orders, with immediate

effect, in public interest:-

Sr.

Name

Additional charge

No.

allotted

1. Shri Parmaditya, IPS, DIGP

SP Crime, ATS,

(Crime and Range)

EOC.

2. Shri Utkrisht Prasoon,

SP Anti Corruption

IPS, SP (Training)

Branch.

By order and in the name of the Governor of

Goa.

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

Porvorim, 1st February, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

871

Order

No. 24/2/2016-PER/422

On the recommendation of the Departmental

Promotion Committee as conveyed by the Goa

Public Service Commission vide its letter Ref.

No. COM/II/11/58(1)/2017/348 dated 21-01-2019, the

Governor of Goa is pleased to promote Smt. Pooja D.

Phadte, Under Secretary (Drafting) to the post of

Joint Secretary (Law) in the Law Department (Legal

Affairs) (Group “A” Gazetted) on regular basis in

the pay scale of Level-11 of the pay matrix with

immediate effect.

The officer shall exercise the option for fixation

of pay within one month from the date of this Order

in terms of F.R. 22 (I) (a) (1).

The pay of officer on promotion shall be fixed as

per C.C.S. (RP) Rules, 2016.

By order and in the name of the Governor of

Goa.

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

Porvorim, 4th February, 2019.

________

Order

No. 7/5/2016-PER/458

Read: Order No. 7/21/2017-PER/2093 dated

02-07-2018.

Government is pleased to designate Shri Daulat

Hawaldar, IAS (AGMUT:2003) as “Commissioner-

-cum-Secretary to Government”, with immediate

effect.

The above officer shall continue to hold the

charge of departments as per order read in the

preamble.

By order and in the name of the Governor of

Goa.

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

Porvorim, 6th February, 2019.

________

Order

No. 7/50/2014-PER/462

Shri Santosh Kumar, IFS, Additional Principal

Chief Conservator of Forests & Chief Wildlife

Warden shall hold the charge of the post of

Managing Director, Goa Forest Development

Corporation Ltd., Panaji-Goa in addition to his own

duties in public interest, with immediate effect.

By order and in the name of the Governor of

Goa.

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

Porvorim, 7th February, 2019.

________

Order

No. 6/3/2002-PER (Vol.II)/474

Read: Order No. 6/3/2002-PER/(Vol.I)/280 dated

23-01-2019.

Sanction of the Competent Authority is accorded

for drawing salary of Shri Prashant Shirodkar,

Custodian of Evacuee Properties, against the post

of Leave & Training Reserve from 9-12-2016, until

further orders.

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

Porvorim, 7th February, 2019.

________

Order

No. 6/11/2010-PER (part)/447

The Government appoints the following officers mentioned in column (2) below as Nodal Officers in

the Office of the Chief Electoral Officer with immediate effect for performing various activities at State

and District level in connection with Bye-Election to 1–Mandrem & 22–Shiroda ACs and ensuring

General Elections to Lok Sabha, 2019. The Officers shall continue to hold their respective charges

alongwith the additional charge of Nodal Officers till the election dates are announced and thereafter

shall perform the duties as Nodal Officers on full fledged basis.

The officers shown in column (3) shall hold charge of the posts held by the officers mentioned in

column (2) during their tenure as Nodal Officers in the office of the Chief Electoral Officer from the date

of declaration of elections:

Sl. No.

Name of the Nodal Officer

Officer to hold the additional charge

Shri Brijesh Manerkar,

Shri Pravin Barad, Director (Admn.),

Project Director, DRDA, North

Kala Academy.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

872

Shri Tushar Halarnkar

Shri Shankar Gaonkar, Under Secretary

1) Deputy Director (Admn.), AH & VS

(Revenue-II).

2) Deputy Collector, North-1

Shri Pundalik Khorjuvekar, Deputy Director

(Panchayat), North.

Shri Amul Gaonkar

Smt. Nathine Araujo, Deputy Director

1) Deputy Director (Admn.), Transport

(Vigilance).

2) Deputy Director (Admn.), Printing &

Smt. Fransquinha Oliveira, Deputy Director

Stationery

(Admn.), Agriculture.

Shri Eshant Sawant,

Shri Jeetendra Bugde, Mamlatdar in Collectorate

Mamlatdar in Collectorate-II (South)

(South).

Smt. Isha Sawant,

Smt. Apurva Karpe, Jt. Mamlatdar (II), Bicholim.

Jt. Mamlatdar (III), Bicholim

The Nodal Officers are appointed as per the proposal received from the office of the CEO.

The officers shall continue to draw the salary from the post held by them as indicated in column (2)

during their tenure as Nodal Officers.

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

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

Porvorim, 6th February, 2019.

———uuu———

Department of Public Health

Order

No. 11/3/89-IV/PHD/5/PART I/4988

Read:

Memorandum No. 11/3/89-IV/PHD/5/PART I/

/4702 dated 08-01-2019.

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/I/5/14(4)/2017/302 dated 21-12-2018, Government

is pleased to appoint Dr. Pooja Narendra Mandrekar

to the post of Lecturer in Department of Oral &

Maxillofacial Surgery (Group “A” Gazetted) in

Level-10 of Pay Matrix (pre-revised Pay Band-3 of

Rs. 15,600-39,100 with Rs. 5400 Grade Pay) under Goa

Dental College & Hospital with immediate effect as

per the terms and conditions contained in the

Memorandum cited above.

Dr. Pooja Narendra Mandrekar shall be on

probation for a period of one year.

Dr. Pooja Narendra Mandrekar has been declared

medically fit by the Medical Board. Her

appointment is made subject to the verification of

their character and antecedents. In the event of

any adverse matter noticed by the Government on

verification of character and antecedents, her

services shall be terminated.

The above appointment is made against the

vacancy occurred due to promotion of Dr. Omkar

Shetye, Lecturer to the post of Assistant Professor

in the Department of Oral & Maxillofacial Surgery,

Goa Dental College & Hospital vide Order

No. 11/3/89-IV/PHD/5/Part I dated 14-12-2016 and

subsequently revived vide Order No. 4/1/2018-IV/

/PHD/4936 dated 25-01-2019.

By order and in the name of the Governor of

Goa.

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

Porvorim, 04th February, 2019.

________

Order

No. 4/14/2002-II/PHD/5019

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/II/11/30(1)/2016/361 dated 24-01-2019,

Government is pleased to promote Dr. Jude

Rodrigues, Associate Professor to the post of

Professor in the Department of Surgery in Goa

Medical College and Hospital, Bambolim on regular

basis in the Level 13 of Pay Matrix of 7th Pay

Commission and other allowances to be fixed as

per rules with immediate effect.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

873

The promotion is made against the vacancy

occurred due to retirement of Dr. Dilip Amonkar,

Professor w.e.f. 01-01-2019 who was on extension

in service beyond superannuation.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 07th February, 2019.

________

Order

No. 4/14/2002-II/PHD/5020

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/II/11/30(2)/98/362 dated 24-01-2019,

Government is pleased to promote Dr. Prasant

Lawande, Assistant Professor to the post of

Associate Professor in the Department of Surgery

in Goa Medical College and Hospital, Bambolim on

regular basis in the Level 11 of Pay Matrix of 7th

Pay Commission and other allowances to be fixed

as per rules with immediate effect.

The promotion is made against the vacancy

occurred due to promotion of Dr. Jude Rodrigues,

Associate Professor to the post of Professor vide

Order No. 4/14/2002-II/PHD dated 07-02-2019.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 07th February, 2019.

________

Order

No. 4/3/2007-II/PHD/5026

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/II/11/30(1)/08/363 dated 24-01-2019,

Government is pleased to promote Shri Gokuldas

Parab, Medico Social Worker to the post of Health

Educator (Group “B” Gazetted) in the Department

of PSM in Goa Medical College and Hospital,

Bambolim on regular basis in the Level 6 of 7th Pay

Commission and other allowances to be fixed as

per rules with immediate effect.

Shri Gokuldas Parab, Health Educator shall be

on probation for a period of two years with effect

from the date of joining.

The promotion is made against the vacancy

occurred due to retirement of Shri Michel Almeida,

Health Educator, Goa Medical College on attaining

the age of superannuation w.e.f. 31-07-2018

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 07th February, 2019.

Order

No. 4/20/2002-II/PHD/P.F./5027

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/II/11/30(1)/2019/356 dated 22-01-2019,

Government is pleased to promote Dr. Jano Zore,

Lecturer to the post of Assistant Professor in the

Department of Biochemistry in Goa Medical College

& Hospital, Bambolim on regular basis in the Level

11 of Pay Matrix and other allowances to be fixed

as per rules with immediate effect.

The promotion is made against the vacancy

occurred due to promotion of Dr. Carlos Noel

Menezes, Assistant Professor to the post of

Associate Professor in the Department of

Biochemistry vide Order No. 4/20/2002-II/PHD/PF

dated 21-11-2018.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 07th February, 2019.

________

Order

No. 4/14/2003-II/PHD/Vol.XIV/5028

On the recommendation of Goa Public Service

Commission conveyed vide their letter No. COM/

/II/12/30(1)/2019/356 dated 22-01-2019, the

Government is pleased to declare the following

doctors of the Department of Paediatrics, Goa

Medical College as having satisfactorily completed

their probation period of two years with effect from

the date mentioned against each of them, and to

confirm them in the post of Lecturer, Department

of Paediatrics in Goa Medical College, Bambolim,

with effect from the date of completion of their

probation period:—

Sr.

Name of Doctors

Date of

Post against

No.

& designation

completion of

which

probation

confirmed

period

1. Dr. Lorraine Artimisia

05-01-2018

Lecturer.

Costa Fernandes D’Sa,

Lecturer

2. Dr. Divya Atri Saraswat, 07-01-2018

Lecturer.

Lecturer

3. Dr. Anagha Avinash

05-01-2018

Lecturer.

Dubhashi, Lecturer

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 07th February, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

874

Order

No. 4/14/2003-II/PHD/Vol.X/5029

On the recommendation of Goa Public Service

Commission conveyed vide their letter No. COM/II/

/12/30(14)/2007/355 dated 22-01-2019, the

Government is pleased to declare Dr. Lavita D’Costa,

Assistant Lecturer, Department of Biochemistry, Goa

Medical College as having satisfactorily completed

her probation period of two years w.e.f. 08-07-2016

to 07-07-2018, and to confirm her in the post of

Assistant Lecturer, Department of Biochemistry in

Goa Medical College, Bambolim, with effect from

the date of completion of her probation period.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 07th February, 2019.

________

Notification

No. 9/1/2018-III/PHD/4978

In exercise of the powers conferred by

Rule 7 of the Mental Healthcare (State Mental

Health Authority) Rules, 2018, the Government of

Goa hereby constitute Selection Committee for

nominating non-official members of Goa State

Mental Health Authority, consisting of the

following members:-

1) Principal Secretary/Secretary

— Chairman.

(Health)

2) The Director of Health Services — Member.

3) Professor & Head of Department — Member.

of Psychiatry, Institute of

Psychiatry & Human Behaviour

By order and in the name of the Governor of

Goa.

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

Porvorim, 5th February, 2019.

________

Corrigendum

No. 22/6/98-I/PHD/PF-II/379

Read: 1) Government Order No. 22/6/98-I/PHD/

/PF II/2586 dated 09-11-2018.

2) Government Order No. 21/8/2017-I/PHD/07

dated 27-12-2018.

In the Government order read at preamble (1),

the name of doctor appearing as “Dr. Lorna Vaz”

shall be corrected to read as under:-

“Dr. Lorna Audrey Maria Fernandez”.

Rest of the content remains unchanged.

The corrigendum read at preamble (2) shall be

treated as “cancelled”.

Maria Seomara De Souza, Under Secretary

(Health-II).

Porvorim, 1st February, 2019.

———uuu———

Department of Transport

Directorate of Transport

Order

No. D.Tpt/EST/2450/2019/542

On the recommendation of the Goa Public

Service Commission, Panaji as conveyed vide letter

No. COM/II/12/49(1)/2006/346 dated 21-01-2019,

Government is pleased to declare the satisfactory

completion of the probation period in respect of

the following Officers in the post of Assistant

Director of Transport (Group ‘B’ Gazetted) with

effect from the date of completion of probation

period as hereunder:-

Sr.

Name of the

Date of regular

Date of

No.

Assistant

promotion as

completion

Director of

Assistant

of probation

Transport

Director of

period

Transport

1. Shri Meghashyam

28-07-2015

27-07-2017.

Pilankar

2. Shri Ramkrishna @

28-07-2015

27-07-2017.

Rajesh B. Naik

By order and in the name of the Governor of

Goa.

Nikhil Desai, Director & ex officio Addl. Secretary

(Transport).

Panaji, 30th January, 2019.

________

Order

No. D.Tpt/EST/285-IV/2019/621

On the recommendation of the Goa Public

Service Commission, Panaji conveyed vide their

letter No. COM/II/11/49(1)/2015/347 dated

21-01-2019, the Government is pleased to promote

Shri Vinod R. Arlekar (S.C.), Motor Vehicles Inspector

to the post of Assistant Director of Transport (Group

‘B’ Gazetted) on regular basis in the Pay Band of

Rs. 9,300-34,800 & Level 7 of Pay Matrix with

immediate effect and post him as Assistant Director

of Transport, Enf., South, Margao-Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

875

The said Officer shall be on probation for a

period of two years.

By order and in the name of the Governor of

Goa.

Nikhil Desai, Director & ex officio Addl. Secretary

(Transport).

Panaji, 5th February, 2019.

________

Order

No. D.Tpt/EST/285-IV/2019/622

On the recommendation of the Goa Public

Service Commission, Panaji conveyed vide

their letter No. COM/II/11/49(1)/2015/347 dated

21-01-2019, the Government is pleased to promote

Shri Rajesh G. Naik, Motor Vehicles Inspector to

the post of Assistant Director of Transport (Group

‘B’ Gazetted) on officiating basis in the Pay Band of

Rs. 9,300-34,800 & Level 7 of Pay Matrix with

immediate effect until further orders or till the post

is filled on regular basis whichever is earlier and

post him as Assistant Director of Transport,

Dharbondora-Goa.

Shri Balchandra A. Sawant, Assistant Director of

Transport, Ponda who vide Order No. D.Tpt/EST/

/285-IV/2018/2181 dated 13-04-2018 was directed

to hold additional charge as Assistant Director of

Transport, Dharbandora is hereby relieved of the

said additional charge.

By order and in the name of the Governor of

Goa.

Nikhil Desai, Director & ex officio Addl. Secretary

(Transport).

Panaji, 5th February, 2019.

________

Order

No. 5/2/93-Tpt/P.F./2019/623

Consequent upon the promotion of one Assistant

Director of Transport (Group ‘B’ Gazetted) on regular

basis, the following Assistant Director of Transport

is hereby transferred on administrative grounds

and in public interest with immediate effect:-

Sr.

Name of the

Present Posting

Proposed

No.

Assistant

posting on

Director of

transfer

Transport

1. Shri Pralhad

A.D.T., Enf.,

Desai

South, Margao

North, Panaji.

The above Assistant Director of Transport is

hereby directed to join the new place of

posting immediately and complete handing

over/taking over formalities accordingly. He

shall not avail joining period or any type of

leave till he assumes charge at the new place

of posting.

Shri Nandakishor Arolkar who on promotion

to the post of Deputy Director of Transport was

directed to continue holding the charge

of Assistant Director of Transport, Enf., North,

Panaji vide Order No. D.Tpt/EST/10/2018/6380

dated 31-12-2018 is hereby relieved of the said

charge.

By order and in the name of the Governor of

Goa.

Nikhil Desai, Director & ex officio Addl. Secretary

(Transport).

Panaji, 5th February, 2019.

———uuu———

Department of Urban Development

Order

No. 10/0204/2012-DMA (Part)/3343

In exercise of the powers conferred by the third

proviso to sub-section (1) of Section 20 of the Real

Estate (Regulation and Development) Act, 2016

No. 16 of 2016 and in supersession of the

Government Order No. 10/204/2012-DMA/Part/600

dated 25-05-2017, published in the Official Gazette,

Series II No. 9 dated 01-06-2017, the Government

of Goa hereby designates the Secretary (Urban

Development) to the Government of Goa as the

Regulatory Authority for the purpose of the said

Act.

This Order shall come into force with immediate

effect.

By order and in the name of the Governor of

Goa.

R. Menaka, IAS, Director & ex officio Addl.

Secretary (Municipal Administration/Urban

Development).

Panaji, 6th February, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 46

14TH FEBRUARY, 2019

876

Municipal Administration

Order

No. 1/03/DMA/Admn/RTI/3356

Read: Order No. 1/03/DMA/Admn/RTI/255 dated 30-4-2015.

In partial modification to the above referred order, the Government has approved the appointment of

the following official of the Margao Municipal Council in the State of Goa under the Right to Information

Act, 2005 to act as Official under sub-section (2) of Section 5 of the Right to Information Act, 2005:-

Sr. No.

Name of the official

Designation

Office Telephone

Number

Municipal Engineer

Public Information Officer

2715175/76

Grade-II

The Public Information Officer is responsible for maintaining and updating all required information

and also receiving and disposing off applications under Right to Information Act, 2005.

R. Menaka, IAS, Director (Urban Development).

Panaji, 6th February, 2019.

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