Panaji, 3rd May, 2018 (Vaisakha 13, 1940)

SERIES II No. 5

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

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

GOVERNMENT OF GOA

Department of Finance

Revenue & Control Division

__

Order

No. 2/6/87-Fin(R&C)Part-III/845

Read: Order No. 2/6/87-Fin(R&C) Part-III dated

12-03-2018.

Consequent upon promotion of the below

mentioned Excise Inspectors of the Office of

Commissioner of Excise to the post of

Superintendent of Excise on regular basis vide order

referred to above, Government is pleased to post

them on the places shown against their names,

with immediate effect:

Sr.

Name of the

Place of posting

No.

officer

1. Smt. Rashmi

M/s. Impala Distillery and

Ajgaonkar

Brewery Ltd., Assolda,

Quepem-Goa.

2. Shri Kapil Diukar

Superintendent of Excise-II

(Head Office).

3. Shri Mahesh

Superintendent of Excise-III

Korgaonkar

(Head Office).

By order and in the name of the Governor

of Goa.

Sushama D. Kamat, Under Secretary, Finance

(R&C).

Porvorim, 23rd April, 2018.

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

99

Order

No. 6/6/2015-Fin (R&C)/872

Read: Order No. 6/13/2007-Fin(R&C) dated

15-02-2018.

Consequent upon appointment of 7 Commercial

Tax Officers (CTO) (Group ‘B’ Gazetted) vide the

Order read in the preamble above, and upon their

joining in the Office of Commissioner of Commercial

Taxes, Panaji, the Government is pleased to post

the following CTO’s in the respective Ward shown

against their name in column No. (4).

Sr.

Name of the C.T.O.

Date of

Posted as

No.

joining

CTO at

1

2

3

4

1. Ms. Sophia Lawrence

20-02-2018

Mapusa

Vaz

Ward.

2. Mr. Naresh Kushta

01-03-2018

Margao

Gaude

Ward.

3. Ms. Ankita Anil

01-03-2018

Panaji

Kamat

Ward.

4. Mr. Rohan Arvind

27-02-2018

Margao

Loliyekar

Ward.

5. Mr. Sirajuddin

01-03-2018

Vasco

Gulamrasul Jamadar

Ward.

6. Ms. Sweta Shankar

20-02-2018

Head

Gurav

Office.

7. Ms. Ashvita Ankush

19-02-2018

Head

Goltekar

Office.

The above CTO’s shall take charge of their

respective new postings after completion of their

field training i.e. w.e.f. 02-05-2018. They shall draw

their salary and allowances w.e.f. their respective

dates of joining in the Office of CCT, as shown

against their names in column No. (3) above.

Consequent upon the above postings and in

public interest, the Government in pleased to effect

Note:-

There is one Extraordinary issue to the Official

Gazette, Series II No. 4 dated 26-04-2018 namely,

Extraordinary dated 30-04-2018 from pages

97 to 98 regarding Notifications from Department

of Finance.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

100

transfers of the Officers in the cadre of Commercial

Tax Officers as under:-

Sr.

Name of the C.T.O.

Place of

Transferred

No.

present

& posted as

posting

CTO at

1

2

3

4

1. Mrs. Swati A. Dalvi

Panaji Ward Ponda Ward.

2. Mr. Gaurish V.

Head Office Panaji Ward.

Khedekar

Mrs. Swati A. Dalvi and Shri Gaurish V. Khedekar

on transfer shall complete their handing over/

/taking over of charge on or before 03-05-2018 and

report compliance to the Commissioner of

Commercial Taxes, Panaji.

By order and in the name of the Governor

of Goa.

Sushama D. Kamat, Under Secretary, Finance

(R&C).

Porvorim, 26th April, 2018.

———uuu———

Department of Forest

__

Notification

No. 7-1-2009/FOR/087

The Government of Goa had constituted North

and South Goa Forest Division Committee vide

Notification No. 7-1-2009/FOR/439 dated 27-11-2012

for identification of Private Forests. As the work of

identification of Private Forests is complete, the

said Committees are hereby disband with

immediate effect.

In view of the fact that the grievances are

received from private citizens as well as NGO on

the inclusion or non-inclusion of certain areas as

private forest and in order to ensure an uniform

approach to the issue, a new Committee is hereby

constituted to review identified Private Forest areas

by these two Committees and those identified by

the earlier Sawant and Karapurkar Committees in

pursuance to the Order of Hon’ble National Green

Tribunal (WZ) dated 07-01-2016 in Application No.

18(THC)/2013(WZ) which have been finally

surveyed.

The Terms of Reference of the Private Forests

Review Committee shall be as under:-

1) The Committee shall review digitized maps

of private forest areas which have been

prepared using the Revenue Department/

/Directorate of Settlement and Land Records

and overlaid on the satellite imageries of

the Forest Survey of India for assessment of

Forest cover in Goa, conforming to the three

criteria.

2) Technical expertise of Forest Survey of India

(FSI), Bangalore could be taken in order to

ascertain the composition and canopy

density of the identified areas, if there is

any dispute.

3) The Dy. Conservator of Forests of the

concerned territorial divisions will then

carry out ground verification in respect of

such cases which are in doubt or having

ambiguity in order to prepare final report on

Private Forest areas in the State.

4) The Committee shall submit its report within

period of 3 (three) months.

The Constitution of the Private Forests Review

Committee shall be as follows:-

1. The Dy. Conservator of

— Chairperson.

Forests, Working Plan

Division, Ponda-Goa

2. Director, Settlement and

— Member.

Land Records, Panaji-Goa

or his/her nominee

3. Additional Collector of

— Member.

Revenue Department

dealing with land records of

North Goa District, Panaji-Goa

4. Additional Collector of

— Member.

Revenue Department

dealing with land records of

South Goa District, Margao-Goa

5. Asst. Conservator of Forest, — Member.

Head Quarters of North Goa

Division, Ponda-Goa

6. Asst. Conservator of Forest, — Member.

Head Quarters of South Goa

Division, Margao-Goa

7. Shri Sandeep Azrenkar,

— Member.

Environmentalist,

Margao-Goa

8. Shri Shirang Jhamble, Savoi — Member.

Verem, Goa

9. The Chief Forest Surveyor

— Member

of Forest Department

Secretary.

This issues with the approval of the Government.

By order and in the name of the Governor of

Goa.

Shaila G. Bhosle, Under Secretary (Forests).

Porvorim, 23rd April, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

101

Department of Labour

—

Notification

No. 28/3/2018-LAB/Part-I/283

The following award passed by the Industrial

Tribunal and Labour Court at Panaji-Goa on

26-03-2018 in reference No. IT/33/16 is hereby

published as required by Section 17 of the

Industrial Disputes Act, 1947 (Central Act 14 of

1947).

By order and in the name of the Governor of

Goa.

Shivanee S. Borkar, Under Secretary (Labour)

(Link).

Porvorim, 25th April, 2018.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/33/16

Shri Sanjeeb Kumar Rout,

C/o. Mr. Fernando Rodrigues,

H. No. 110, Behind Vailankani

Chapel,

Sortant, Cortalim,

Goa 403 710

…

Workman/Party I.

V/s

The Managing Director,

M/s FDC Limited,

L56 & L57, Phase II-D,

Verna Industrial Estate,

Verna, Salcete,

Goa 403 722

…

Employer/Party II.

Workman/Party I represented by Ld. Adv. Shri

Suhaas Naik.

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

S. Bandodkar.

AWARD

(Delivered on this the 26th day of the month

of March of the year 2018)

By Order dated 22-07-2016, bearing No. 28/20/

/2016-LAB/547, the Government of Goa in exercise

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

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

has referred the following dispute to this Tribunal

for adjudication.

(1) Whether Shri Sanjeeb Kumar Rout, Facility

Maintenances Supervisor, could be considered

as workman as defined under Section 2(s) of

the Industrial Disputes Act, 1947 (Central Act

14 of 1947)?

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

affirmative then, whether the action of the

management of M/s FDC Limited, Verna

Industrial Estate, Verna, Salcete-Goa, in

terminating the services of Shri Sanjeeb

Kumar Rout, with effect from 22-08-2015 is

legal and justified?

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

negative, then, what relief the workman is

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/33/16 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim Statement at Exhibit 6 and

Party II filed a Written Statement at Exhibit 7.

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

employed with Party II at its factory at Verna in

Maintenance department by order dated 7-9-2006

with salary of Rs. 6000/- per month. The

management however did not allow him to resume

his duties w.e.f. 22-8-2015 and as such he raised

an industrial dispute before the Dy. Labour

Commissioner, Margao, but the management took

a rigid and adamant stand and did not resolve the

dispute and as such failure report was recorded

and the reference has been made by the

appropriate Government. The refusal of

employment by the management is illegal and bad

in law.

4. In the Written statement, the Party II claimed

that the Party I was merely doing the work of

administrative and supervisory nature and

therefore is not a workman as defined under

Section 2(s) of the Industrial Disputes Act, 1947.

The services of Party I was not upto the expectation

of the management and therefore he was

terminated as per Clause 3 of the appointment

letter. There is no violation of principles of natural

justice and the party I is not entitled for any reliefs.

5. In the rejoinder at Exhibit 8, Party I denied the

case of the Party II reflected in the written

statement.

6. In the course of proceedings, the parties

arrived at an amicable settlement and filed consent

terms dated 26-03-2018 at Exh. 17 colly along with

a receipt towards full and final settlement of all

the claims.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

102

7. The consent terms are reproduced here-in-

-below:

1) It is agreed by the management of

the Party II that they shall pay a sum of

Rs. 5,00,000/- (Rupees five lakhs only) in full

and final settlement of all claims of Party I

Shri Sanjeeb Kumar Rout concerned in

reference IT/33/16 arising out of his

employment including the claims made in

the present Reference.

2) The Party I shall accept the amount of

money mentioned in clause No. 1 in full

and final settlement of his all claims arising

out of his employment including the claims

in the present Reference i.e. IT/33/16. The

amount mentioned in clause No. 1 includes

all the claims inclusive of Gratuity, Bonus,

Leave

Encashment, LTA, Medical, Salary,

Subsistence Allowance, Ex-gratia, etc. and

the Party I further confirm that he shall

have no claims of whatsoever nature

against the company, even any claims

which can be computed in terms of money

including any claim of reinstatement

or re-employment or any other claims

whatsoever with the company and

undertake that he shall not raise any

dispute of whatsoever nature against the

Company in respect of the subject matter

of his employment with the Party I.

8. The above consent terms are signed by the

Party I workman, Shri Sanjeeb Kumar Rout along

with his Adv. Shri Suhaas Naik, so also Shri Jagdish

Vasta, Manager-HR and Adv. Shri M. S. Bandodkar

on behalf of Party II. I have gone through the

consent terms filed as above, which in my view,

are just and fair and in the interest of both the

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

hence, the same are accepted.

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

ORDER

i. The reference at the instance of Party I

Workman, stands disposed of in view of the

consent terms filed by both the parties at

Exhibit 17 colly.

ii. No order as to costs.

iii. Inform the Government accordingly.

Sd/-

(Vincent D’Silva),

Presiding Officer,

Industrial Tribunal and

Labour Court.

Notification

No. 28/3/2018-Lab/Part-I/284

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

22-03-2018 in reference No. IT/65/92 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.

Shivanee S. Borkar, Under Secretary (Labour)

(Link).

Porvorim, 25th April, 2018.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/65/92

Workman,

Rep. by the Goa Trade & Commercial,

Workers Union, Velhos’ Building,

Panaji-Goa.

... Workman/Party I

V/s

M/s. U.P. State Bridge Corporation Ltd.,

New Mandovi Bridge Site,

Patto, Panaji-Goa.

.... Employer/Party II

Workmen/Party I represented by Shri Subhash Naik

Jorge.

Workmen/Party II represented by Ld. Adv. Shri A. V.

Nigalye.

AWARD

(Delivered on this the 22nd day of the month

of March of the year 2018)

By Order dated 21-10-1992, bearing No. 28/39/

/92-LAB, the Government of Goa in exercise of

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

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

has referred the following dispute to this Tribunal

for adjudication.

“(1) Whether the action of the management of

M/s. U. P. State Bridge Corporation Ltd.,

Panaji, in terminating the services of S/Shri

Yogendra Nath Yadav, Sher Singh, Mohan P.,

Rohtas and Devi Prasad with effect from

14th May, 1992 is legal and justified?

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

103

(2)

If not, to what relief the workmen are

entitled?”

2. It is a matter of record that vide Order

No. 28/39/92-LAB dated 8-12-1992, the appropriate

Government amended the schedule of reference,

as follows:

In the schedule appended to the said Order, for

the words ‘and Devi Prasad’, the figure and words

‘Devi Prasad and Gulabchandra Verma’ shall be

substituted.

3. Upon receipt of the reference, IT/65/92 was

registered. Notices were issued to both the parties

under registered post, upon which both the parties

were served. The Party I thereafter filed a Claim

statement at Exh. 3 and the Party II filed Written

statement at Exh. 5.

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

Party II is a company engaged in the business of

construction of bridges, roads, etc. all over India

and abroad. The Party II besides the project of

constructing the new Mandovi Bridge at Panaji

has also two other projects in Goa and to carry on

the activities, the Party II engaged a large number

of workers categorized into A, B and C categories.

All the workmen are initially appointed in category

C and after continuous service of three years, they

are absorbed in category B on the basis of seniority.

The Party II undertook work of constructing new

Mandovi Bridge in the year 1997 on behalf of

Government of Goa and engaged the services of

workmen who were mostly brought to Goa from

other establishments of Party II. Most of the

workmen were recruited from U.P., Bihar, etc. and

some from Goa and they were told that their

services would be regularized from the category C

to B after they put in a minimum continuous service

of three years. The daily wages offered to the

workmen ranged from Rs. 14.50 per day to Rs. 18

per day depending upon the category of work they

performed for category C initially and thereafter it

was revised from Rs. 16 per day to Rs. 20 per day

in the year 1989. The daily wages were also revised

from November, 1991 ranging from Rs. 25 per day

to Rs. 35 per day.

5. It is also claimed by Party I that the services

of 7 workmen were regularized from C category to

B category working at new Mandovi site after they

completed three years of service. However, the

other eligible workers in C category were not

regularized and were paid very low wages inspite

of their oral representation. The action of Party II

in refusing to regularize their services was a big

disappointment. The Party II thereafter issued a

notice stating that 19 workmen in category C would

be removed by way of retrenchment. The category

C workmen became members of Goa Trade and

Commercial Workers Union in October, 1991 and

took up the issue of proposed termination of 19

workmen in C category with Party II and thereafter

served a strike notice and immediately thereafter

the Party II withdrew the notice and did not go

ahead with proposed termination. The Union took

up various issues of the workmen after workmen in

category C became their members and served a

strike notice on Party II listing out various issues

and grievances of the workmen.

6. The Labour Commissioner intervened in the

matter with respect to demand that the muter roll

workers i.e. category C workers be paid on the

basis of ‘Equal Pay for Equal Work’ as well as

regularization of category C workers and thereafter,

a settlement was arrived at on some of the demands

raised by the Union. The Party II instead of making

payments of arrears terminated the service of 6

workmen belonging to C category viz. Yogendra

Nath Yadav, Sher Singh, Mohan P., Rohtas, Devi

Prasad and Gulabchandra Verma without following

the provisions of Standing Orders and in violation

of principles of natural justice w.e.f. 14-05-1992.

The said workers had put in continuous service of

240 days and as such their services could not have

been terminated without complying with the legal

provisions of Section 25-F and 25-G of the Act. The

termination of the workmen were malafide,

vindictive and by way of victimization for trade

union activities, besides being illegal and

unjustified. Hence, the reference.

7. In the written statement, the Party II has

contended that the company appointed Project

Manager for Party II for the construction of new

Mandovi Bridge at Panaji and the Project Manager

engaged C category workmen including the

workmen in reference in accordance with Certified

Standing Orders of the Company. The workmen are

of temporary/casual nature employed for specific

period and on completion of the project, the

workmen in C category stood automatically relieved

from the services. The termination of the services

of the said workmen was on account of the fact

that the said workmen jointly filed a threatening

letter to the General Manager and approached the

place where concreting was to commence and

provoked and instigated other workmen with an

ulterior motive by interfering in the concreting

work and inspite of peaceful efforts on the part of

Party II, the Party I workmen continued squatting

near the concreting place, creating hindrance in

the work and stopped the work and pressurized

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

104

other workmen to leave the place of work thereby

entire work came to a jolting halt. The deck

concreting work was to commence from 12-5-1992

and was crucial for the bridge safety and once

concreting commence, it has to be completed

nonstop, failing which it may create technical

problem for bridge as well as endanger safety of

the workers, causing loss of life and property.

8. The Party II further claimed that the said

omission/commission on the part of the workmen

was viewed seriously as it was not only unjustified

but also illegal and gross misconduct as per the

Standing Orders. The Police had to move for

removing the workmen from the place of incident

apprehending serious law and order situation. The

said workmen were in no way concerned or

responsible for the deck concreting work but with

an ulterior motive to cause indiscipline posed a

serious problem for the safety of public sabotaging

the concreting work which was commenced at

about 4.00 p.m. on 12-5-1992 and delayed till 9.30

p.m. The Party II ordered a spot enquiry as it was

not possible to conduct a departmental enquiry.

The action of Party I in dismissing the six workmen

was fully justified in the given situation and

bonafide as well. The above acts of serious

misconducts on the part of six workmen were

viewed very seriously and continuing the said

workmen in the services was not in the interest of

public property, safety and discipline in the

organization and therefore decided to summarily

remove them from the services with effect from

14-5-1992.

9. In the rejoinder at Exh. 6, the Party I has

denied the case set up by the Party II in the written

statement.

10. Issues that came to be framed at Exh. 7 are

as follows;

(1) Whether the Party I proves that the

termination of the services of the six

workmen named in the reference by Party II

is in violation of the provisions of the

Standing Orders and the Principles of

natural justice?

(2) Whether the Party I proves that the Party II

did not comply with the mandatory

provisions of Section 25-F and 25-G of the

Industrial Disputes Act, 1947 before

termination of the services of the six

workmen named in the reference and,

therefore, the termination is illegal?

(3) Whether the Party I proves that Party II did

not obtain prior permission for termination

of the services of six workmen named in

the reference as required under Section 33

of the Industrial Disputes Act, 1947 and

therefore the termination is illegal?

(4) Whether the Party I proves that the

termination of the services of the six

workmen named in the reference by the

Management of Party II w.e.f. 14-5-1992 is

illegal and unjustified?

(5) Whether Party II proves that the services of

the six workmen named in the reference

were terminated after holding preliminary

enquiry and finding them guilty of acts of

serious misconduct?

(6) Whether Party I is entitled to any relief?

(7) What Award or order?

11. It is a matter of record that an additional

issue was framed on 4-10-2011 at Exh. 23 in place

of issue No. 5. It is as follows:

5(A) Whether the Party II proves that the

misconduct alleged against the workmen

is proved to the satisfaction of the Tribunal.

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

Shri Yogendranath Singh Yadav as witness No. 1

and Shri Subhash Naik Jorge as second witness.

On the other hand, the Party II examined Ms. Girija

Shankar Srivastava, Shri Harendra Kumar, Shri A. K.

Srivastava and Jitendra Pant as their witnesses.

Shri Harendra Kumar produced on record a copy of

letter dated 14-5-1992 along with enquiry report at

Exh. E-1 colly, a copy of notice dated 14-5-1992 at

Exh. E-2, a copy of letter dated 10-03-1992 along

with Notification at Exh. E-3 colly.

13. Heard arguments. Notes of Written

arguments came to be placed on record by Party I

as well as Party II.

14. I have gone through the records of the case

and have duly considered the arguments advanced.

My answers to the above issues are as follows:

Issue No. 1

…

In the Affirmative.

Issue No. 2

…

In the Affirmative.

Issue No. 3

…

In the Negative.

Issue No. 4

…

In the Affirmative

Issue No. 5

…

Deleted.

Issue No. 6

…

As per Final order.

Issue No. 7

… As per Final order.

ADDITIONAL ISSUE

Issue No. 5(A) …

In the Affirmative.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

105

REASONS

Issue No. 5a:

15. Ld. Adv. Shri A. V. Nigalye for Party II has

submitted that the evidence on record produced

by Party II to prove the above issue is beyond doubt

as Party II has examined four witnesses who have

described the incident in detail as the said

workmen had obstructed the deck concreting work

of the bridge and instigated other workers to do so

as a result of which, the commencement of work

was delayed and the work could start only after

the workmen were arrested by the Police. The

witnesses examined by the Party II, namely the

Assistant Engineer posted at the site, Shri Girija

Shankar Srivastava, the person who was looking

after the maintenance of machine, Shri Harendra

Kumar, Shri A. K. Srivastava who produced the

Notification of Government of Goa declaring the

said area as prohibited area and the Project

Manager, Shri Jitendra Kumar Pant, who stated

that the work of concreting was delayed because

of obstruction by workmen, clearly show that the

concreting of deck was obstructed by Party I

workmen and did not allow to start. Ld. Adv. Shri

Nigalye further submitted that the misconduct

committed by the workers was very serious in terms

of Clause 3, 12 and 20 of the Certified Standing

Orders. The said workmen were the leaders of the

workers who stopped the work of the project. Shri

Yogendranath has admitted that he was arrested

by Police and therefore the Party II has proved the

issue.

16. Admittedly, the burden to prove the above

issue is on Party II. The Party II has examined Shri

Girija Shankar Srivastava, Assistant Engineer

posted at the site, who stated that he was

supervising the area and about 60 to 70 workers

were working under him and the workmen under

reference were working in the mechanical section

and when the superstructure deck work was being

carried out on 12-5-1992 which involved the work

of concreting which was to be started at 2.00 p.m.,

the said workmen who were not required in the

said work of concreting, came and stopped the

work and the said concreting work was delayed

because the said persons obstructed the mixing

work. The PWD people tried to convince the Party

I workmen, however they did not listen and

ultimately the Police came and arrested the Party

I workmen and other workmen at around 8.30 p.m.

The said witness has not been shaken in the cross

examination. There is no evidence that the witness

was in inimical terms with Party I workmen. The

witness, Shri Harendra Kumar who was in-charge

of maintenance of machines has also stated that

Party I workmen came and obstructed the work

inspite of Engineers of PWD telling them not to

obstruct the said work and subsequently, the Police

arrived and took away the workers. He also stated

that the concreting work could not be started

because of obstruction of the work by the said

workers.

17. Needless to mention, the enquiry report

dated 14-5-1992 at Exh. E-1 colly produced by

Shri Harendra Kumar also shows that the Party I

workmen were involved in the said incident. The

said report reveals that the Party I workers were

the leaders of obstructing workers and they were

instigating the other workers although the said

workers were allotted duty towards Panaji side,

while the work of concreting was toward Porvorim

side. Shri Harendra has also not been shaken in

the cross examination with respect to obstruction

of the concreting work by the Party I workmen.

Shri A. K. Srivastava has produced on record the

Notification dated 10-5-1992 of the Chief Engineer,

PWD, Government of Goa addressed to Project

Manager of Party II at Exh. E-3 colly which shows

that the said area was declared as prohibited area

under Official Secrets Act, 1993 and in view of the

said Notification, no person could enter the said

area without authorization, which also is indication

of the fact the presence of Party I workmen at the

site was unwarranted. Shri Jitendra Kumar Pant,

Project Manager at the relevant time has also stated

that the Party I workmen entered the prohibited

area and obstructed the work of concreting.

He claimed that the work of concreting was

delayed because of obstruction by workers led

by Party I workmen and that Police were called

and arrested the workers, which fact is not in

dispute.

18. The evidence of Party I clearly shows that

there was obstruction of work of concreting of deck

being carried out in prohibited area led by the

Party I workmen and inspite of request by the PWD

Officials, the workers did not allow the said work,

which could be started only after police came and

arrested the workmen at 9.30 p.m. Shri

Yogendranath Yadav who has been examined by

Party I workmen has admitted in the cross

examination that he had no connection with the

deck slab concreting work which was going on at

new Mandovi site and that he was arrested by the

Police. Importantly, the incident of obstruction took

place in the prohibited area as per Notification at

Exh. E-3 colly. There is no dispute that the workers

led by Party I workmen left their place of work and

pressurized other workmen to leave their place of

OFFICIAL GAZETTE — GOVT. OF GOA

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106

work and stopped the concreting work by entering

into the prohibited area. The Party I workmen

therefore committed misconduct in terms of

Certified Standing Orders at Exh. 31. The

contention of Shri Subhash Naik Jorge that

the Party I has failed to prove the incident

therefore cannot be believed. The Party

I therefore has proved the issue No. 5A in the

affirmative.

Issue Nos. 1, 2 and 4:

19. It is the case of Party I that the termination

of services of six workmen named in the reference

is illegal and unjustified and in violation of

provisions of Standing Orders and principles of

natural justice and that the Party II did not comply

with the mandatory provisions of Section 25-F and

25-G of the Act. Shri Subhash Naik Jorge for Party

I has submitted that admittedly no enquiry was

held against the workmen under Standing Orders

in keeping with the principles of natural justice

nor the Party I paid legal dues under Section 25-F

of the Industrial Disputes Act. The services of the

workmen were terminated summarily without issue

of charge sheet and holding an enquiry, which is

not permitted in law and therefore, the termination

of Party I workmen ought to be set aside and in

support of his contention, he relied upon the case

of D. K. Yadav vs. J. M. A. Industries Ltd., 1993

SCC (L&S) 723.

20. Per contra, Ld. Adv. Shri A. V. Nigalye for

Party II has submitted that the termination of

services of Party I is for misconduct and not by way

of retrenchment. The provision of Section 25-F of

the Industrial Disputes Act, which deals with

retrenchment of workmen and condition precedent

for valid retrenchment are not applicable to the

present case since it is the case of termination for

misconduct and not of retrenchment. Ld. Adv. Shri

Nigalye has further submitted that the materials

produced on record by the management clearly

prove that the termination of services is for

misconduct, which is of very serious nature.

According to him, it is well settled that where the

termination is for serious misconduct, the action of

the employer for dismissal of workmen is perfectly

legal and the Courts would not be justified in

interfering with the same.

21. Admittedly, no enquiry was held as required

under Certified Standing Orders of the Company

produced at Exh. 31 in accordance with the

principles of natural justice. There is no dispute

that the Party I workmen were engaged at the

construction site of new Mandovi Bridge, Panaji.

The Party I examined Shri Yogendranath Singh

Yadav. He has stated that the Party II had

undertaken the projects in Goa for construction of

Mandovi Bridge and other bridges. The workers

who were working at Mandovi Bridge were

brought from various parts of India and in Goa and

that there were about 81 workers in category C

who were the members of Goa Trade & Commercial

Workers Union and that they submitted Charter of

demands to Party II. The Party I workmen were the

executive committee members of category C

workers and he was the President of the Committee

and that their services were terminated and before

termination, no prior notice was given nor any

retrenchment compensation was paid to them.

No charge sheet or memo was ever issued to them

by Party II, although they continuously worked

without any break till the date of termination of

their services.

22. There is no dispute that there was no show

cause or charge sheet issued to the Party I workmen

nor any enquiry held. The witness of the

management, Shri Girija Shankar Srivastava, has

admitted in cross examination that the Party I

workmen were not given one month prior notice

nor

they

were

paid

any

retrenchment

compensation. He also admitted that the said six

workmen were not issued any charge sheet and

that no enquiry was held by appointing an Enquiry

officer. He also admitted that all the workmen were

working in category C and prior to termination on

14-05-1992, they had completed one year service.

The second witness, Shri Harendra Kumar, has also

admitted that all the workers were working at the

Mandovi Bridge site prior to his transfer to Goa in

1991. He however feigned ignorance as to whether

Party I were given one month notice in writing

prior to termination or whether the Party I workmen

were paid retrenchment compensation. Shri A. K.

Srivastava, however has stated that the enquiry

was conducted by Shri G. S. Srivastava and

Harendra Kumar but he did not know the result of

the enquiry nor was he aware whether one month

notice was given to the said workmen prior to

their termination or whether any retrenchment

compensation or wages in lieu of one month notice

was paid to the workmen at the time of termination

of their services.

23. Shri Jitendra Kumar Pant examined by the

management has stated that no memo or charge

sheet was issued to the six workmen because they

were not available. He stated that the report of

enquiry was submitted to him in writing which

they were enquiring into charges of misconduct,

obstructing the work, instigating the other workers

to obstruct the work. He however admitted that

OFFICIAL GAZETTE — GOVT. OF GOA

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107

show cause notice was not given to the said

workmen before terminating their services as they

were not available. He, however claimed that Party

I workmen were issued charge sheet for having

committed misconduct but he was unable to

produce the records of enquiry proceedings and

the finding of enquiry officer as the records are

old. He claimed that he does not remember whether

Party I workmen had participated in the enquiry

held against them. He however denied the

suggestion that no charge sheet was issued to any

of the workmen and that no enquiry was conducted

by Assistant Engineer, Srivastava and Harendra

Kumar against Party I workmen.

24. The evidence on record therefore clearly

indicate that no departmental enquiry into the

misconduct was conducted by Party II in terms of

the Certified Standing Orders nor any records

produced of the said departmental enquiry nor any

show cause notice or charge sheet issued to Party

I workmen nor they were paid their legal dues

before termination as admitted by Shri Girija

Shankar Srivastava that the Party I workmen were

not given one month prior notice nor they were

paid any retrenchment compensation nor the said

six workmen were issued any charge sheet and

that no enquiry was held against them by

appointing an Enquiry officer. The Enquiry report

produced by Harendra Kumar at Exh. E-1 colly was

conducted without giving opportunity to Party I

workmen of putting their case forward or upon

hearing them. It is well settled in the case of D. K.

Yadav, supra relied upon by Party I workmen that

no man should be condemned unheard in order to

prevent authority from acting arbitrarily affecting

the rights of the person concerned and that no

decision must be taken which will affect the right

of any person without his/her being informed of

the case and giving him/her an opportunity of

putting forward his/her case as an order involving

civil consequences must be made consistently with

the rules of natural justice and fair play.

25. It is also held in the case of Mahinder Singh

Gill vs. Chief Election Commissioner, (1978) 1 SCC

405 that the duty to give reasonable opportunity

to be heard will be implied from the nature of the

function to be performed by the authority which

has the power to take punitive or damaging

action. Even executive authorities which take

administrative action involving any deprivation of

or restriction on inherent fundamental rights of

citizens, must take care to see that justice is not

only done but manifestly appears to be done.

They have a duty to proceed in a way which is free

from even the appearance of arbitrariness,

unreasonableness or unfairness and that they have

to act in a manner which is patently impartial and

meets the requirements of natural justice. The

procedure prescribed must be just, fair and

reasonable even though there is no specific

provision in a statute or rules made thereunder for

showing cause against action proposed to be taken

against an individual, which affects the right of

that individual.

26. The Hon’ble Apex Court in the case of Anoop

Sharma vs. Executive Engineer, Public Health

Division No. 1, 2010 II CLR 1, has also observed

in Para 13 that no workman employed in any

industry who has been in continuous service for

not less than one year under an employer can be

retrenched by that employer until the conditions

enumerated in Clauses (a) and (b) of Section 25-F

of the Act are satisfied. In terms of Clause (a), the

employer is required to give to the workman one

month’s notice in writing indicating the reasons

for retrenchment or pay him wages in lieu of notice.

Clause (b) casts a duty upon the employer to pay

to the workman ‘at the time of retrenchment’,

compensation equivalent to fifteen days’ average

pay for every completed year of continuous service

or any part thereof in excess of six months and that

Section 25-F (a) and (b) of the Act is mandatory

and non-compliance thereof renders the

retrenchment of the employee nullity.

27. There is no dispute that the Party I workmen

were executive committee members and were

employed with Party II who have been in

continuous service for over 4-5 years under the

said management of Party II. There is also no

dispute that the Party II terminated the services of

Party I workmen without giving them one month

notice in writing indicating the reason for

retrenchment or paying them wages in lieu of

notice or paying the compensation at the time of

the retrenchment, infact no termination order was

issued to them and they were summarily dismissed

from service without assigning any reason by merely

affixing a notice of termination on the notice board.

Shri G. S. Srivastava has admitted that services

of the workmen were not retrenched but they

were simply terminated by displaying a notice

on the notice board. The said termination as on

14-05-1992 is in stark contravention of provisions

of Section 25-F of the Industrial Disputes Act

thereby violating the mandatory provision of the

said Act as laid down by the Hon'ble Apex Court,

above.

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28. The witnesses examined on behalf of Party II

have admitted that no legal dues have been paid

nor any enquiry has been held. The Party II has not

complied with the above provisions of law. The

said provision is mandatory and that any violation

thereof renders the termination of services of the

workman illegal per se, ab initio void and non-est

rendering the action of the employer as nullity.

Needless to reiterate, there is no violation of Section

25-G of the Act nor there is any evidence that the

Party I belonged to a particular category of

workmen in that establishment and that they have

been retrenched from services by keeping the last

person in the employment in that category. The

contention of Ld. Adv. Shri A. V. Nigalye as stated

above therefore cannot be accepted. The Party

I having proved that the termination of the services

of the six workmen named in the reference by

Party II is in violation of provision of Standing Orders

and principles of natural justice and that they have

not complied with mandatory provisions of Section

25-F of the Act, the said termination of the workers

named in the reference w.e.f. 14-05-1992 is illegal

and unjustified. It is therefore issues No. 1, 2 and

4 are answered in the affirmative.

Issue No. 3:

29. Shri Subhash Naik Jorge has submitted that

the Party I workmen do not press for any findings

on issue No. 3 as no evidence has been led in

support of said issue. It is therefore, issue No. 3 is

answered in the negative.

Issue Nos. 6 & 7:

30. Shri Subhash Naik Jorge for the Party I has

submitted that the Party II has contravened the

provisions of Section 25-F of the Industrial Disputes

Act before terminating the services of Party I

workmen and that the Party I workmen are

unemployed since the date of termination as

claimed by Yogendranath Yadav and Party II has

not seriously rebutted the same. Shri Subhash Naik

Jorge has further submitted that the termination

of six workmen is illegal and unjustified and

therefore they are entitled for reinstatement in

service with full back wages along with continuity

in service and costs. He submitted that the

provisions of Section 25-F have not been complied

with before termination nor any enquiry held as

required under Standing Orders of the Company

and therefore, the termination of the six workmen

is illegal and unjustified and hence, the Party I

workmen are entitled for the relief claimed. In

support of his contention, he relied upon the case

of Deepali Gundu Surwase vs. Kranti Junior

Adhyapak Mahavidhyalaya (D.ED) & Ors., (2013)

10 SCC 324.

31. Per contra, Ld. Adv. Shri A. V. Nigalye for

Party II has submitted that the action of Party II is

just and proper and commensurate to the

misconduct and since the misconduct is of serious

nature, the termination of services of workmen is

perfectly legal and justified and the Tribunal should

not interfere with the action of Party II. He further

submitted that the workers were project employees

and that their tenure would have come to an end

on completion of the project. The construction of

project of New Mandovi Bridge was also completed

on 21-07-1992. Hence, the relief of re-instatement

is not available for the said workers. It is also an

admitted fact that all six workmen were daily rated

workers. Such workers have no right of

reinstatement in service, as held by the Hon’ble

Apex Court in a number of cases. In support of his

contention, he relied upon the cases of (i) Madhya

Pradesh Administration vs. Tribhuban, (2007) 9

Supreme Court Cases 748; (ii) Kendriya Vidyalaya

Sangathan and another vs. S. C. Sharma, (2005)

2 SCC 363; (iii) U.P. State Brassware Corpn. Ltd.

and another vs. Uday Narain Pandey, (2006) 1

SCC 479; (iv) Mahendra K. Raut vs. Gopalanand

Rasayan, 2014 II CLR 362 and (v) In-charge Officer

and another vs. Shankar Shetty, (2010) 9 SCC

126.

32. It requires a mention here that although the

Party II has proved the misconduct against Party I

workmen, the punishment awarded against the

Party I workmen is highly disproportionate to the

charges proved. There is no dispute that the Party

I workmen obstructed the work of concreting of

span 13 of the new Mandovi Bridge for a period of

6 hours from 2.30 p.m. to 8.30 p.m. till they were

arrested by the Police, however there is no evidence

on record that the act of Party I workmen in

obstructing the work created any technical snag

for the bridge or endangered the safety of the

structure or caused any loss of life and property, on

the contrary, the said work was peacefully and

perfectly carried out, after the arrest of Party I

workmen. No doubt, the Party I and others have

obstructed the work while raising their demands,

which act is most reprehensible, however it does

not invite severe punishment of dismissal without

holding any enquiry by affording principles of

natural justice and payment of legal dues in terms

of Section 25-F of the Industrial Disputes Act. The

Party II although proved the misconduct, the

punishment of dismissal without holding enquiry

and

payment

of

legal

dues

is

highly

disproportionate to the gravity of misconduct

proved.

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33. The question therefore is what reliefs the

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

discharge/termination is illegal, whether the Party

I is entitled for reinstatement with full back wages

and continuity in service with consequential

benefits attached to the post or adequate monetary

compensation in lieu of reinstatement and back

wages.

34. It has been consistently held by the Hon’ble

Apex Court that relief by way of reinstatement

with back wages is not automatic, even if

termination of an employee is found to be illegal or

is in contravention of the prescribed procedure

and that monetary compensation in lieu of

reinstatement and back wages in cases of such a

nature may be appropriate. It is also well settled

that the Court in appropriate cases grant

compensation in lieu of reinstatement keeping in

view the length of service rendered by a workman,

the wages that he was receiving during that

period, which would meet the ends of justice. In

the instant case, the Party I workmen were working

for the Party II in category C who are mainly muster

roll daily rated workmen and have put in about

4-5 years of service as revealed from para 6 of the

written statement and were terminated by notice

dated 14-05-1992 displayed on the notice board of

Party II. The evidence on record show that the

Party I workmen were terminated for their

misconduct of obstructing the concreting work

which fact has been proved and that the said

termination had taken place about 25 years ago.

None of the parties have produced the letters of

appointment nor are their ages on record. There is

no dispute that the Party I workman were muster

roll daily rated workmen and therefore, are not

entitled to reinstatement in service at this distance

of time as held in the case of Santosh Shirodkar

vs. Sanquelim Municipal Council, through its

Chief Officer, (2017) 0 Supreme (Mah) 1579.

35. There are also no pleadings that Party I

workmen have not been employed after they were

terminated nor Shri Yogendranath Yadav has stated

what efforts he and other workmen have made for

securing gainful employment and how he and other

workmen and their families sustain themselves.

There is no dispute that the Party I workmen were

summarily terminated without paying any legal

dues. There is nothing on record as to what was

the last drawn wages the Party I workmen were

drawing at the time of termination. The Party I

however has claimed in para 18 of the claim

statement that the daily wages paid to Category C

workmen in the year 1989 are ranging from Rs. 16

to Rs. 20 per day, thereafter it was revised in the

year 1991 with retrospective effect and the revised

daily wages are ranging from Rs. 25 to Rs. 35 per

day, while it is the case of the Party II that the

daily rates of wages of workmen in C category

were revised w.e.f. 1-11-1991 in terms of settlement.

However, the rates of wages mentioned in Para 18

of the claim statement has not been denied by

Party II.

36. Therefore, considering that the Party I

workmen had put in services of about 4-5 years on

the date of termination and that the Party I

workmen were earning around Rs. 30 per day

i.e. 780 for 26 days of the month considering that

they are daily rated workers, would translate into

salary of Rs. 9360 per annum and making a

reasonable allowance for appropriate escalation,

an average salary of Rs. 10,000 per annum can be

reckoned for the purposes of arriving at the amount

of compensation, which would be around Rs.

2,50,000/- (Rupees Two lakhs fifty thousand only)

representing wages for about 25 years and

considering that the Party II has violated provisions

of Section 25-F of the Act, so also the nature of

appointment, the length of service and the time

taken to settle the dispute, ends of justice would

be met, if the Party I workmen are paid a lumpsum

monetary compensation of Rs. 2,50,000/- (Rupees

Two lakhs fifty thousand only) for each workman,

which would be just, proper and equitable in the

facts and circumstances of the case. Hence, the

above issues are answered accordingly.

37. In the result, I pass the following:

ORDER

i. The present reference stands partly allowed.

ii. It is hereby held that the action of the

management of M/s. U. P. State Bridge

Corporation Ltd. Panaji, in terminating the

services of S/Shri Yogendra Nath Yadav, Sher

Singh, Mohan P., Rohtas, Devi Prasad and

Gulabchandra Verma with effect from 14th

May, 1992 is illegal and unjustified.

iii. The Party II is directed to pay monetary

compensation of Rs. 2,50,000/- (Rupees Two

lakhs fifty thousand only) for each workman

within 60 days of the publication of the Award,

failing which the Party II shall pay an interest

@ 9% per annum.

iv. Inform the Government accordingly.

Sd/-

(Vincent D’Silva),

Presiding Officer,

Industrial Tribunal and

Labour Court.

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Notification

No. 28/3/2018-LAB/Part-I/282

The following award passed by the Labour

Court-II, at Panaji-Goa on 21-02-2018 in reference

No. IT/50/12 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.

Shivanee S. Borkar, Under Secretary (Labour)

(Link).

Porvorim, 25th April, 2018.

______

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble Presiding

Officer)

Case No. IT/50/12

Shri Narayan Dalai,

Rep. by Goa Trade and

Commercial Workers Union,

Panaji-Goa.

....

Workman/Party-I

V/s

M/s. Country Club de Goa,

836/1, Soranto Vaddo, Anjuna

Bardez-Goa.

….

Employer/Party-II

Workman/Party-I remained absent.

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

Noronha.

Panaji, Dated: 21-02-2018

AWARD

1. In exercise of the powers conferred by

Clause (d) of sub-section (1) of Section 10 of the

Industrial Disputes Act, 1947 (Central Act 14 of

1947) the Government of Goa, by Order dated

21-06-2012, bearing No. 28/56/2011-LAB/326,

referred the following dispute for adjudication to

the Industrial Tribunal of Goa. The Government of

Goa, by its another order No. 28/02/2011-LAB/86

dated 09-02-2016, transferred the present dispute

from Industrial Tribunal, Panaji, Goa to this Labour

Court II, Panaji-Goa.

1. “Whether the contention of the union that

Shri Narayan Dalai, Cook has been refused

employment by the management of

M/s. Country Clube de Goa, Anjuna, Bardez,

Goa, with effect from 01-04-2011, is legal and

justified?

1. If not, to what relief the Workman is entitled?”

2. On receipt of the reference, a case was

registered under No. IT/50/2012 and registered

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

to the said notice, the parties appeared. The claim

statement has been filed by the Goa Trade

Commercial Workers Union (for short ‘the union’)

on behalf of the Workman/Party-I (for short

‘Workman’), on 05-09-2012 at Exb. 5. The facts of the

case in brief as pleaded by the union are that the

Workman was appointed as a ‘Cook-Comi-III Indian’

in the food and beverages department of the

Employer/Party II (for short, ‘Employer’) situated at

Sorantowado, Anjuna, Bardez, Goa. The union

stated that the Employer is a hotel/resorts which

caters to the needs of Indian tourists as well as

foreign tourists by providing them room facilities,

restaurant facilities, housekeeping, gymnasium,

swimming pool etc. after charging certain tariff

from these visiting tourists/customers. The union

stated that the Employer employed more than 53

permanent workmen at its aforesaid hotel. The

union stated that all the workmen of the Employer

unionized themselves under the banner of Goa

Trade and Commercial Workers Union (AITUC) and

the said fact of unionization was informed to the

Employer. The union stated that ever since its

unionization, the union has espoused the cause of

these workmen before every competent forum and

authorities. The union stated that soon after the

unionization, the management of the Employer

started harassing and victimizing the unionized

workmen by adopting various illegal and unfair

labour practices. The union stated that it has filed

a detailed complaint of unfair labour practices vide

their letter dated 31-03-2011 before the office of

Labour Commissioner, Panaji, Goa. The union stated

that after resuming new Resort Manager, he

informed all the unionized workmen to resign from

its union membership. The Union stated that the

workmen has however, refused to concede to the

demand of the Resort Manager and did not resign

from its membership.

3. The union stated that on 01-04-2011, when

the Workman reported for his normal duty at the

Employer hotel at 7.00 a.m., the Resort Manager,

Mr. Nirmal Biswas informed him not to attend the

duties any further and that his services stands

terminated with immediate effect. The Union stated

that the said Manager also informed the security

guard of the Employer not to allow the Workman

to enter inside the resort. The Union stated that

from the date of joining till his illegal refusal

of employment, the Workman has worked

continuously with clean and unblemished past

OFFICIAL GAZETTE — GOVT. OF GOA

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service record. The Union stated that the Workman

was a permanent workman and his last drawn

salary was Rs. 4000/- p.m. The Union submitted

that the refusal of employment to the Workman

w.e.f. 01-04-2011 is illegal, unjust and bad-in-law

and smacks of malafide and malice, which is done

to harass and victimize the Workman. The Union

submitted that no notice or one month pay in lieu

of notice or compensation of whatsoever nature

was paid to the Workman. The Union submitted

that the Workman is presently unemployed. The

Union therefore prayed that the action of the

management of the Employer in refusing

employment to the Workman w.e.f. 01-04-2011 be

held as illegal, unjust and bad-in-law and the

Workman be reinstated back in service of the

Employer hotel with full back wages and continuity

in service and all other consequential benefits.

4. The Employer resisted the claim of the

Workman by filing its written statement on

28-11-2012 at Exb. 6. The Employer, as and by way

of its preliminary objections, submitted that the

statement of claim filed on behalf of the Workman

that he has been illegally refused employment by

the Employer w.e.f. 01-04-2011, is false, mischievous,

frivolous, ambiguous and vexatious and same is

liable to be dismissed, that the Workman has

approached the Hon’ble Tribunal with unclean

hands by falsely stating that he has been refused

employment w.e.f. 01-04-2011, that the Workman in

his statement of claim has falsely tried to depict to

this Hon’ble Tribunal that the Employer is a highly

profit making organization which caters to the

needs of Indian as well as foreign tourists, in fact,

in reality it is only a hospitality styled resort falling

under the clubs category especially tailor made

and design to serve its esteemed guests, who are

basically Indian nationals and who in order to

procure the facilities provided by the Employer

have to be compulsorily affiliated to its membership,

that the union falsely stated that its workmen are

unionized under the banner of AITUC and that

since its unionization, they have been harassed

and victimized by adopting various illegal and

unfair labour practices, but it is a mischievous ploy

to create a non-existent industrial dispute as

dramatized and stage managed by the union.

5. The Employer stated that it is a division of

Country Club (India) Ltd., a company registered

under the Indian Companies Act, 1956, having its

registered office situated at Amrutha Castle,

5-19-16, Saifabad, Opp. Secretariat, Hyderabad. The

Employer stated that its unit is having 46 rooms

strictly membership club category resort

comprising of a restaurant, swimming pool, a

gymnasium alongwith a games room besides

providing room service and housekeeping facilities.

The Employer stated that its Goa club division is

having 68 employees out of which 34 employees

are members of the said union.

6. The Employer admitted that the Workman

under reference has been employed by them in its

Goa unit on 01-10-2008 in the designation of KSTD

Helper-F&B production on a monthly salary of

Rs. 3500/-. The Employer stated that at the time of

signing the appointment letter dated 01-10-2008

and especially in Clause (2) of the appointment

letter, it is clearly stated that he could be posted/

/transferred to any offices/projects division/

/department/unit in India or abroad or in any other

establishment owned and managed by them/group

of companies depending upon the exigencies of

work. The Employer stated that after a period of

above 2 years and six months its General Manager,

vide their letter dated 30-03-2011, the Workman

has been transferred to its Medchal unit on the

same post and service conditions as there was

necessity and urgent need of Comi-III at the

transferred place. The Employer stated that in the

said letter dated 30-03-2011, the Workman was

informed that he has been relieved w.e.f. closing

hours of 01-04-2011 from the Goa unit and that his

name shall be put on the muster roll of its Medchal

unit w.e.f. 04-04-2011. The Employer stated that

the Workman was also informed that he has been

granted three days special leave with pay for

preparation and travel to its Medchal unit and

that his bus fare for travelling and other expenses

shall be reimbursed to him on actual basis

immediately on reporting at its Medchal unit. The

Employer stated that the Workman was also

advised in the letter to report at its Medchal unit

on or before 04-04-2011 at 10.00 a.m.

7. The Employer stated that on 06-04-2011 at

around 11.35 a.m. the management of the Employer

received a copy of a letter dated 31-03-2011

addressed to the Labour Commissioner, Panaji, Goa,

by the union on the subject of illegal refusal of

employment to the Workman under reference

working in F & B Production as Cook-Comi-III by

its management w.e.f. 01-04-2011, calling upon the

office of the Labour Commissioner to immediately

take cognizance of the present industrial dispute

and to instruct the management of the Employer

to allow the Workman to resume his normal duties

with immediate effect as the Workman is ready

and willing to resume his duties unconditionally.

The Employer stated that the said letter has been

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

112

prepared with most malafide intention by the

President of the union to the Labour Commissioner

only to dramatized and create a non-existent

industrial dispute, which in reality never existed

at all and that too at the behest of the Workman

who has simply refuse to abide and follow the

directions issued to him in writing by the Employer.

The Employer stated that the union has made

certain allegations, which are incorporated in its

letter dated 31-03-2011 addressed to the office of

the Labour Commissioner in a rather hasty, reckless

and lethargic manner so as make it look apparent

that the Workman who has been transferred in

accordance with its practice and policy has been

refused employment is otherwise totally false and

absurd. The Employer stated that not even a single

occasion the Workman or its union has come before

the Employer or its Resort Manager and have

brought to their notice of any of its grievances/

/objections with respect to the issue of transfer of

the Workman. The Employer stated that the transfer

of the Workman has been maliciously and

erroneously interpreted as refusal of employment

so as to show case that there exist an industrial

dispute between the Workman and the Employer

herein above. The Employer stated that the Asstt.

Labour Commissioner, Mr. Rupesh Kothambikar,

directed the Employer to maintain status quo as

the dispute has been admitted in conciliation.

The Employer submitted that the Ld. Asstt.

Labour Commissioner and Conciliation Officer,

Mr. Rupesh Kothambikar has acted in haste and in

total abuse of the powers vested upon him under

the I.D. Act, 1947 and has gone a step ahead and

admitted the said dispute of alleged refusal of

employment without giving them a fair and proper

opportunity of being heard on the subject of alleged

refusal of employment to the Workman, thereby

not following the principles of natural justice. The

Employer stated that on 07-04-2011, it intimated

the Workman to report to duties immediately on

receipt of the said letter as he had wilfully

remained absent from duty without permission,

sanction of leave or even information w.e.f.

01-04-2011 to till date. The Employer stated that

the Workman received the aforesaid letter on

09-04-2011, however, despite the receipt of the said

letter, the Workman for reasons best known to him

has failed to report for his work at its unit at

Medchal. The Employer stated that the conciliation

proceedings held before the Asstt. Labour

Commissioner and Conciliation Officer ended in

failure as both the parties stuck up to their own

stand resulting in no possibility of an amicable

settlement between them. The Employer denied

the overall case of the Workman as pleaded by him

and prayed for dismissal of the present reference.

8. Thereafter, the workman filed his rejoinder on

07-01-2013 at Exb. 08. The workman, by way of his

rejoinder, denied each and every statement,

averments and submissions made by the Employer

in its written statements which are contrary and

inconsistent to the statements, averments and a

submission made in his statement of claim and

reiterates his case as pleaded in his statement of

claim.

9. Based on the pleadings filed by the parties

hereinabove, the Hon’ble Industrial Tribunal-cum-

-Labour Court framed the following issues on

23-08-2013 at Exb. 11.

1. Whether the Party I proves that the Party II

refused employment to him w.e.f. 01-04-2011?

2. Whether the Party I proves that refusal of

employment by the Party II is illegal, unjust,

bad-in-law and is done to harass and

victimize him on account of his unionization

under the banner of Goa Trade and

Commercial Workers Union?

3. What relief? What Award?

10. My findings to the aforesaid issues are as

under:

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

(b) Issue No. 2 : In the negative.

(c) Issue No. 3 : As per final order.

REASONS

11. Issue No. 1 and 2:

The union filed statement of claim on behalf of

the Workman. The union, in its statement of claim

filed in the present proceedings pleaded that the

Workman has been refused the employment by the

management of the Employer w.e.f. 01-04-2011 and

that the said refusal of employment to the Workman

is illegal, unjust, bad-in-law and smacks of malafides

and malice, which is done to harass and victimize

the Workman. The aforesaid pleadings made by

the union on behalf of the Workman has been

specifically denied by the Employer in its written

statement filed in the present proceedings and

pleaded that the Workman has been transferred to

its Medchal unit w.e.f. 01-04-2011 and directed

him to report for duties at its Medchal unit w.e.f.

04-11-2011. Thus, the burden to prove that the

Workman was refused the employment and that

the said refusal of employment to him is illegal,

unjust and bad-in-law, is on him.

12. To prove her case, the union filed an affidavit

in evidence of the Workman on 12-12-2016 in

support of her statement of claim. The said affidavit

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

113

in evidence of the Workman was allowed to

withdraw at the request of Ld. Adv. Shri Suhas

Naik and allowed to file a fresh affidavit in

evidence of the General Secretary of the union,

Shri Raju Mangeshkar. On 15-12-2017, Ld. Adv.

Shri Suhas Naik filed an application seeking

permission to withdraw his appearance and

discharging him from the appearance, which was

allowed after hearing both the parties. As the

General Secretary of the union, Shri Raju

Mangeshkar failed to remain present for his further

examination in chief as well as cross-examination

by the other side, the court after giving ample

opportunities to the Workman, closed the

evidence. Thus, there is as good as no evidence on

record on behalf of the union espousing the cause

of the Workman.

13. On the contrary, the Employer examined its

Asstt. Manager (Controls) Mr. Dudekula Hussaini

and produced on record certain documentary

evidence in support of its oral evidence. The said

oral as well as documentary evidence of the

Employer’s witness remained unchallenged for

want of cross-examination by the union. The said

oral as well as documentary evidence of the

Employer on record indicates that the services of

the Workman is liable to be transferred to any

offices/project division/department/unit in India or

abroad of the Company or in other establishment

owned or managed by any of our group companies

depending upon the exigencies of work in terms of

Clause 2 of the appointment letter issued to the

Workman at Exb. 19. Further, the transfer letter

dated 30-03-2011 (Exb. 20) issued to the Workman

on record indicates that services of the Workman

has been transferred to Medchal w.e.f. 04-04-2011

in the same post and service conditions as

per Clause 2 of his appointment letter dated

01-10-2008 and that he has been relieved w.e.f.

closing hours of 01-04-2011 from Goa unit and his

name will be put on the muster roll of the Medchal

unit w.e.f. 04-04-2011. The Workman has been

granted three days special leave with pay for

preparation and travel to Medchal unit. The

Workman would be reimbursed bus fare for

travelling and other expenses on actual basis for

reporting at its Medchal unit immediately on

reporting at Medchal. The aforesaid oral as well as

documentary evidence on record clearly indicates

that the Workman was not refused the employment

by the Employer but it is the case of transfer from

Goa unit to its Medchal unit on account of

necessity. No evidence of whatsoever nature has

been brought on record by the union on behalf of

the Workman pertaining to the harassment and

victimization of the Workman on account of his

unionization under the Goa Trade and Commercial

Workers Union. Hence, it is held that the union

failed to prove that the Employer refused

employment to the Workman w.e.f. 01-04-2011 or

on any other dates and as such the legality and

justifiability of refusal of employment to the

Workman does not arise. The union also failed to

prove that the Workman was harassed and

victimized by the Employer on account of his

unionization under the banner of Goa Trade and

Commercial Workers Union. The issue No. 1 and 2

are therefore answered in the negative.

In the circumstances, I pass the following order:

ORDER

1. It is held that the Workman Shri Narayan

Dalai, Cook has been transferred from Goa

unit to its Medchal unit on account of

necessity.

2. It is further held that the union failed to

prove that Shri Narayan Dalai, Cook has been

refused employment by the management

of M/s. Country Clube de Goa, Anjuna,

Bardez, Goa, with effect from 01-04-2011.

Therefore, the question of legality and

justifiability of refusal of employment to

Shri Narayan Dalai, Cook by the management

of M/s. Country Clube de Goa, Anjuna,

Bardez, Goa, with effect from 01-04-2011, does

not arise.

3. The Workman, Shri Narayan Dalai, is

therefore not entitled to any relief.

4. No order as to costs.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II.

———uuu———

Department of Mines

Directorate of Mines & Geology

__

Order

No. 01/SC-MACPS/ADM/Mines/2018/4722

Read: O.M. No. 2/7/2017/PER/746 dated 12-03-2018.

In pursuance to the Office Memorandum read at

above, the Departmental Screening Committee for

Group ‘B’ posts outside Secretariat under

Directorate of Mines and Geology is hereby

reconstituted for the purpose of considering the

cases for grant of financial up-gradation under

Modified Assured Career Progression Scheme. The

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

114

composition of Group ‘B’ Screening Committee is

as under:

1) Secretary (Mines)

— Chairman.

2) Director of Mines & Geology — Member.

3) Dy. Director of Mines &

— Member.

Geology-I

This supersedes earlier Order No. 01/219/09/

/ADM/Mines/1838 dated 15-08-2009.

Prasanna A. Acharya, Director & Addl. Secretary

(Mines & Geology).

Panaji, 24th April, 2018.

________

Order

No. 01/SC-MACPS/ADM/Mines/2018/4723

Read: O.M. No. 2/7/2017/PER/746 dated 12-03-2018.

In pursuance to the Office Memorandum read at

above, the Departmental Screening Committee for

Group ‘C’ posts outside Secretariat under

Directorate of Mines and Geology is hereby

reconstituted for the purpose of considering the

cases for grant of financial up-gradation under

Modified Assured Career Progression Scheme. The

composition of Group ‘C’ Screening Committee is

as under:

1) Director of Mines & Geology — Chairman.

2) Dy. Director of Mines &

— Member.

Geolog-I

3) Assistant Accounts Officer

— Member.

This supersedes earlier Order No. 01/SC-MACPS/

/ADM/MINES/2013/3752 dated 15-12-2015.

Prasanna A. Acharya, Director & Addl. Secretary

(Mines & Geology).

Panaji, 24th April, 2018.

———uuu———

Department of Personnel

—

Order

No. 22/1/2018-PER/1345

Governor of Goa on the recommendation of Goa

Services Board is pleased to allot the charge of

Commandant IRBn to Smt. Suman Goyal, IPS, SP

(EOC) and charge of SP (Training) and Principal

PTS, Valpoi to Shri Shekhar M. Prabhudessai, SP

(HQ), in addition to their own duties with immediate

effect, in public interest.

By order and in the name of the Governor of

Goa.

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

Porvorim, 12th April, 2018.

Order

No. 5/2/2017-PER/1332

On the recommendation of the Goa Service Board

and with the approval of the Government, the

transfer and posting of the following Junior Scale

Officers of Goa Civil Service is ordered, with

immediate effect and in public interest:-

Sr.

Name and present

Posted as

No.

posting of the

officer

1. Shri Deepesh

Deputy Director (Admn.),

Priolkar, Deputy

Tribal Welfare.

Registrar (Admn.),

RCS

2. Smt. Deepti

Deputy Director (Admn.),

Kankonkar @

SDCT. She shall hold the

Milan Kankonkar,

charge of Deputy Registrar

Deputy Director

(Admn.), RCS in addition

(Admn.), SDCT

to own duties.

holding additional

charge of Deputy

Director (Admn.),

Tribal Welfare

All the above officers shall complete their

handing over and taking over process within 05

working days and submit compliance.

By order and in the name of the Governor of

Goa.

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

Porvorim, 24th April, 2018.

________

Order

No. 7/1/2018-PER/1337

Consequent upon superannuation of Dr. Dattaraj

Naik Parrikar, Managing Director, Goa Meat

Complex Ltd., Panaji w.e.f. 30-04-2018, Dr. Rajendra

H. Prabhu Gaonkar, Deputy Director of Animal

Husbandry & Veterinary Services, Panaji shall hold

the charge of Managing Director, Goa Meat

Complex Ltd., Panaji in addition to his own duties

w.e.f. 01-05-2018.

By order and in the name of the Governor of

Goa.

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

Porvorim, 24th April, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

115

Order

No. 6/13/2017-PER/1331

On the recommendation of the Goa Service Board and with the approval of the Government, the

transfer and posting of the following Officers is ordered in public interest, with immediate effect:-

Sr.

Name and present posting

Posted as

No.

of the officer

1

2

3

1. Shri Ravi Jha, IAS, Director (IT) holding

Director, Environment.

additional charge as MD (ITG)

2. Shri Srinet Kotwale, MD, GSIDC holding

Director (IT). He shall hold the charges of MD, GSIDC;

additional charge of CEO, Goa Investment

CEO, Goa Investment Promotion & Facilitation

Promotion & Facilitation Board

Board and MD (ITG) in addition to his own duties.

3. Shri Anthony D’Souza, Joint Secretary (Revenue)

Joint Secretary (Revenue). He shall hold the charge

holding additional charge of Joint Secretary

of Director (NRI) in addition to his own duties.

(Housing)

4. Shri Shyamsundar Parab, Superintendent of

Superintendent of Central Jail. He shall hold the

Central Jail holding additional charge of

charge of Joint Secretary (Housing) in addition to

Director (NRI)

his own duties.

5. Shri Surendra Naik, Additional Collector-II,

Additional Collector-I, South Goa.

North Goa

6. Shri Vijay Paranjape, Additional Secretary

Additional Secretary (Protocol). He shall hold the

(Protocol) holding additional charge of

charges of Director, Public Grievance & Additional

Director, Public Grievance

Secretary (ARD) in addition to his own duties.

7. Shri Agnelo A. J. Fernandes, Additional

Additional Collector-II, South Goa.

Collector-I, South Goa

8. Shri Parag Nagarcenkar, Director, Environment

Director (Training), GIPARD.

9. Smt. Meghana Shetgaonkar, Director (Adminis-

Director (Administration), Education Department.

tration), Education Department holding

She shall hold the charge of Member Secretary,

additional charge of Director (Training),

Sanjay School in addition to her own duties.

GIPARD

All the above officers shall complete their handing over and taking over process within 05 working

days and submit compliance.

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

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

Porvorim, 24th April, 2018.

________

Order

No. 6/13/2017-PER/1351

On the recommendation of the Goa Service Board and with the approval of the Government, the

transfer and posting of the following Senior Scale Officers of the Goa Civil Service is ordered in public

interest, with immediate effect:-

Sr.

Name and present posting

Posted as

No.

of the officer

1

2

3

1. Shri Gopal A. Parsekar, Commissioner of

Additional Collector-II, North-Goa.

Labour & Employment

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

116

2. Shri Jayant G. Tari, Secretary, Goa Rehabili-

Commissioner of Labour & Employment. He shall

tation Board holding additional charge of

hold additional charge of Secretary, Goa Rehabili-

Director (Admn.), Kala Academy

tation Board & Director (Admn.), Kala Academy in

addition to his own duties.

All the above officers shall complete their handing over and taking over process within 05 working

days and submit compliance.

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

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

Porvorim, 25th April, 2018.

———uuu———

1

2

3

Department of Planning

South Goa Planning & Development Authority

__

Order

SGPDA/RTI-Order/176/18-19

In exercise of powers conferred by sub-sections (1)

and (2) of Section 5 of the Right to Information Act,

2005 (Central Act 22 of 2005) (hereafter referred to

as the “said Act”) and in supersession of Order

No. 21/22-1/TCP/CIR/10/448 dated 08-02-2010,

published in Official Gazette, Series II No. 47 dated

18-02-2010, the South Goa Planning & Development

Authority hereby designates the officers specified

in column (2) and (3) of the table below as

Public Information Officer and Assistant Public

Information Officer, respectively, for the South Goa

Planning and Development Authority, for the said

Act.

TABLE

Sr.

Public Information

Assistant Public

No.

Officer

Information Officer

1

2

3

1. Shri Rosario Paul

Head Clerk/Official holding

Gomes, Planning

charge of Head Clerk.

Assistant

This order shall come into force from the date of

its publication in Official Gazette.

This order supersedes all earlier orders.

Sd/- Member Secretary, for and on behalf the

South Goa Planning & Development Authority.

Margao, 26th April, 2018.

V. No. A–203/2018.

Mormugao Planning & Development Authority

__

Order

No. MPDA/RTI/2018-19

In exercise of powers conferred by sub-sections

(1) and (2) of Section 5 of the Right to Information

Act, 2005 (Central Act 22 of 2005) (hereinafter

referred to as the “Said Act”) and in supersession

of Order No. 22/22-1/TCP/CIR/10/448 dated

08-02-2010, published in Official Gazette, Series II

No. 47 dated 18-02-2010, the Mormugao Planning

& Development Authority hereby designates the

Officers specified in column (2) and (3) of the table

below as Public Information Officer and Assistant

Public Information Officer, respectively, for the

Mormugao Planning and Development Authority,

for the said Act.

TABLE

Sr.

Public Information

Assistant Public

No.

Officer

Information Officer

1

2

3

1. Planning Assistant

Head Clerk/Official

holding charge of Head

Clerk.

This order shall come into force from the date of

its publication in Official Gazette.

Sd/- Member Secretary, for and on behalf

of the Mormugao Planning & Development

Authority.

Vasco, 27th April, 2018.

V. No. A–210/2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

117

Department of Public Health

—

Order

No. 4/29/2017-II/PHD/1151

Read: Memorandum No. 4/29/2017-II/PHD dated

13-03-2018.

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/I/5/30(3)/2017/1082 dated 21-02-2018,

Government is pleased to appoint the following

doctors to the post of Assistant Lecturer in the

Department of Nephrology in Goa Medical College

& Hospital, Bambolim-Goa on temporary basis in

the Level-10 of Pay Matrix of 7th Pay Commission

[Pay Band-3 Rs. 15,600-39,100+Grade Pay of

Rs. 5,400/- (pre-revised)] with immediate effect and

as per the terms and conditions contained in the

Memorandum cited above:-

1. Dr. Joseema Cleta Colaco.

2. Dr. Amitash Ramchandra Balekar.

The above doctors shall be on probation for a

period of two years.

They have been declared medically fit by the

Medical Board. The appointments are made subject

to the verification of their character and

antecedents. In the event of any adverse remarks

noticed by the Government on verification of their

character and antecedents, their services shall be

terminated.

The appointment is made against the vacancies

occurred due to creation of 02 posts of Assistant

Lecturer in the Department of Nephrology

in Goa Medical College & Hospital, vide Order

No. 4-11-2012-II/PHD/557 dated 13-05-2016.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 23rd April, 2018.

________

Order

No. 4/2/2013-II/PHD/Part VI/1198

Government is pleased to accept the resignation

tendered by Dr. Hanumanthu Jagannayakulu,

Professor in the Department of Cardiology, Goa

Medical College & Hospital, Bambolim-Goa

appointed on contract basis vide letter dated

09-04-2018 and he stands relieved from the said

post w.e.f. 09-04-2018 (a.n.) by surrendering one

month’s pay in lieu of notice period.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 25th April, 2018.

Order

No. 2/8/2014-II/PHD/1177

Government is pleased to accept the resignation

tendered by Dr. Roma Varik, Associate Professor in

the Department of Paediatric Surgery, Goa Medical

College & Hospital, Bambolim-Goa vide letter dated

14-03-2018 and she stands relieved from the said

post w.e.f. 13-04-2018 (a.n.) on expiry of one month’s

notice.

By order and in the name of the Governor of

Goa.

Maria Seomara De Souza, Under Secretary

(Health)/link.

Porvorim, 26th April, 2018.

________

Certificate

No. 4/18/2002-II/PHD/Vol. 2/1206

Read: Government Order No. 4/18/2002-II/PHD/

/Vol. 2 dated 09-03-2018.

Certified that the character and antecedents of

Dr. Celia Valanki Fernandes, Assistant Lecturer,

Department of Physiology in Goa Medical College

appointed vide above referred Order has been

verified by the Addl. District Magistrate, South Goa

District, Margao and nothing adverse has come to

the notice of the Government.

Maria Seomara De Souza, Under Secretary

(Health)/link.

Porvorim, 26th April, 2018.

———uuu———

Department of Revenue

__

Order

No. 35/03/02/2018-RD/847

In exercise of the powers conferred by

Clause (a) of sub-section (1) of Section 9 of the

Indian Stamp Act, 1899 (Act 2 of 1899), as in force

in the State of Goa, the Government of Goa is hereby

pleased to exempt Stamp Duty payable by

Matruchhaya, Ponda-Goa, towards purchase of land

admeasuring 4297 sq. mts. bearing survey numbers

32/7 and 31/12 of the Village Talaulim of

Ponda Taluka for a total consideration amount of

` 1 crore (Rupees one crore only) from Talaulikar

Family, on transfer of land, by way of Deed of Sale,

for the purpose of utilising the same for

rahabilitation and education of under privileged

children.

By order and in the name of the Governor of

Goa.

Sagun R. Velip, Under Secretary (Revenue-I).

Porvorim, 26th April, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

3RD MAY, 2018

118

Department of Town & Country Planning

__

Order

No. 17/01/TCP/2016-17/627

Read: 1) Order No. 17/01/TC-UD/TCP/2015-16/

/4852 dated 28-11-2016.

2) Transfer Order dated 15-07-2018.

In continuation to orders read at preamble

and Government approval obtained vide Note

No. 17/01/TCP/2016-17/3068 dated 27-09-2017, the

deputation period of Shri Prakash P. Bandodkar,

Deputy Town Planner, as Member Secretary

in 37B Committee, Goa Industrial Development

Corporation, Panaji, is extended for period starting

from 24-09-2017 till 15-03-2018.

His deputation is granted as per Rules in force.

By order and in the name of the Governor

of Goa.

J. Ashok Kumar, Secretary (TCP)/HOD.

Panaji, 16th March, 2018.

———uuu———

Department of Water Resources

__

Order

No. 4/6/EO-WRD/2018-19/47

Read: Office Order No. 4/6-CE-EO-WRD/2013-14/49

dated 04-04-2013.

Sanction of Government is hereby conveyed for

re-constitution of the Rehabilitation Committee of

the Salauli Irrigation Project with immediate effect

as follows:

1. Minister for Water Resources,

— Chairman.

Government of Goa

2. M. L. A. Sanguem Constituency— Member.

3. M. L. A. Quepem Constituency — Member.

4. Secretary, Water Resources

— Member.

5. The Chief Engineer, Water

— Member.

Resources Department

6. The Superintending Engineer,

— Member.

Circle-IV, W.R.D.

7. Executive Engineer, W.D. X,

— Member

W.R.D., Pajimol, Sanguem

Secretary.

8. Zilla Panchayat Member,

— Member.

Rivona

9. Sarpanch, V. P. Curdi, Vaddem

— Member.

10. Sarpanch, V. P. Uguem

— Member.

11. Sarpanch, V. P. Bhati

— Member.

12. Sarpanch, V. P. Malcornem

— Member.

13. Shri Chandan Unandekar,

— Member.

Colony No.1, Vaddem

14. Shri Sunil Bhandari,

— Member.

Colony No. 3, Valkini, Vaddem

15. Shri Pauto Gaokar,

— Member.

New Vaddem, Zanodem

16. Shri Francisco Rodrigues,

— Member.

Colony No. 1, Vaddem

The committee will hold regular meetings at

least once in three months to review the progress

achieved in the rehabilitation programme of Project

Affected Persons.

This order issues with the approval of

Government vide No. Secy/WR/1117/F dated

16-04-2018 and is in suppression of Order No. 4/6-

-CE-EO-WRD/2013-14/49 dated 04-04-2013.

By order and in the name of the Governor

of Goa.

S. T. Nadkarni, Chief Engineer & ex officio

Additional Secretary (WRD).

Porvorim, 24th April, 2018.

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