Panaji, 4th April, 2019 (Chaitra 14,1941)

SERIES II No. 1

RNI No. GOAENG/2002/6410

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

PUBLISHED BY AUTHORITY

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

Note:-

There are four Extraordinary issues to the Official Gazette, Series II No. 52 dated 28-03-2019 as follows:—

(1) Extraordinary dated 28-03-2019 from pages 1083 to 1084 regarding Order & Notification from Department

of General Administration & Notification from Department of Home.

(2) Extraordinary (No. 2) dated 28-03-2019 from pages 1085 to 1114 regarding Notifications from Department

of Elections.

(3) Extraordinary (No. 3) dated 28-03-2019 from pages 1115 to 1116 regarding Notifications from Department

of Finance & Notification from Department of General Administration.

(4) Extraordinary (No. 4) dated 01-04-2019 from pages 1117 to 1128 regarding Order from Department of

Home.

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

Corrigendum

No. 2/9/95-AGR/2018-19/Part(I)/341

Read: Order No. 2/95-AGR/2018-19/Part (I)/369 dated 06-03-2019.

In the above referred order the name of Shri Prajyot N. Sankhalkar may be read as “Shri Prajyot N.

Sakhalkar”.

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

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

Tonca-Caranzalem, 29th March, 2019.

———uuu———

Department of Elections

Goa State Election Commission

Notification

No. 3/22/GEVPT/2018-SEC/345

In exercise of the powers conferred on me under Section 203 of the Goa Panchayat Raj Act, 1994 (Goa

Act 14 of 1994), I, R. K. Srivastava, IAS (Retd.), Goa State Election Commissioner, hereby appoint the

Mamlatdar of Tiswadi Taluka as the “Requisitioning Authority” and authorise him to requisition premises,

vehicles etc. for the purpose of General Elections to 11 wards of Taleigao Village Panchayat in Tiswadi

Taluka.

R. K. Srivastava, IAS (Retd.), Commissioner, Goa State Election Commission.

Panaji, 2nd April, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 1

4TH APRIL, 2019

Department of Finance

Revenue & Control Division

Notification

No. 4/5/2019-Fin(R&C)/2597

In exercise of the powers conferred by Clause (b) of sub-section (2) of Section 13 of the Goa Value Added

Tax Act, 2005 (Act 9 of 2005) (hereinafter referred to as the “said Act”), the Government of Goa hereby

appoints the persons mentioned in column (2) of the Schedule hereinbelow (hereinafter called as the “said

Schedule”) and gives them the designations as specified in corresponding entry in column (3) of the said

Schedule, for carrying out the purposes of the said Act, with effect from the date of their joining their posts

as indicated in column (4) against their names.

SCHEDULE

Sr.

Name of the official

Designation

Date of joining

No.

the post

Smt. Sophia Lawrence Vaz

Commercial Tax Officer

20-02-2018.

Shri Naresh Kushta Gaude

Commercial Tax Officer

01-03-2018.

Smt. Ankita Anil Kamat

Commercial Tax Officer

01-03-2018.

Shri Rohan Arvind Loliyekar

Commercial Tax Officer

27-02-2018.

Shri Sirajuddin Gulamrasul Jamadar

Commercial Tax Officer

01-03-2018.

Smt. Sweta Shankar Gurav

Commercial Tax Officer

20-02-2018.

Kum. Ashvita Ankush Goltekar

Commercial Tax Officer

19-02-2018.

Shri Melwin Faleiro

Commercial Tax Officer

19-07-2018.

Kum. Gargi Ajit Kamat

Commercial Tax Officer

20-07-2018.

10.

Shri Saba Krishna Parab

Commercial Tax Officer

19-07-2018.

11.

Shri Kalpesh Ramrai Amonkar

Commercial Tax Officer

19-07-2018.

12.

Shri Siddhesh Laxman Shetkar

Commercial Tax Officer

19-07-2018.

13.

Shri Satyam Vinayak Adkonkar

Commercial Tax Officer

20-07-2018.

14.

Shri Rajendra Shamba Gaude

Commercial Tax Officer

23-07-2018.

15.

Shri Sudesh B. Naik

Commercial Tax Officer

12-09-2018.

16.

Smt. Preeti Mandrekar

Commercial Tax Officer

12-09-2018.

17.

Smt. Shilpa H. P. P. Dessai

Commercial Tax Officer

12-09-2018.

18.

Smt. Pallavi Joshi

Commercial Tax Officer

12-09-2018.

19.

Shri Gajanan Bhonsle

Commercial Tax Officer

12-09-2018.

20.

Smt. Geeta Gaonkar

Commercial Tax Officer

12-09-2018.

21.

Shri Anthony Gama

Commercial Tax Officer

12-09-2018.

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

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 26th March, 2019.

________

Notification

No. 4/5/2019-Fin(R&C)/2598

In exercise of the powers conferred by sub-section (2) of Section 13 of the Goa Value Added Tax Act,

2005 (Act 9 of 2005) (hereinafter referred to as the “said Act”), the Government of Goa hereby appoints

the persons mentioned in column (2) of the Schedule annexed hereto (hereinafter called as the “said

Schedule”) and gives them the designations as specified in the corresponding entries in column (3) of the

said Schedule, for carrying out the purposes of the said Act, with effect from the date of their joining the

respective posts as indicated in column (4) against their names.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 1

4TH APRIL, 2019

SCHEDULE

Sr.

Name of the official

Designation

Date of joining

No.

the post

Smt. Preeti P. Mirajkar

Asstt. Commercial Tax Officer

08-10-2018.

Shri Mahadev Parwar

Asstt. Commercial Tax Officer

08-10-2018.

Smt. Manisha Rege

Asstt. Commercial Tax Officer

08-10-2018.

Shri Mahesh K. Chari

Asstt. Commercial Tax Officer

08-10-2018.

Smt. Mangala M. Naik

Asstt. Commercial Tax Officer

08-10-2018.

Smt. Vidhati V. Tari

Asstt. Commercial Tax Officer

08-10-2018.

Shri Shripad B. Shirodkar

Asstt. Commercial Tax Officer

08-10-2018.

Smt. Meera D. Mashelkar

Asstt. Commercial Tax Officer

08-10-2018.

Shri Deepak K. Naik

Asstt. Commercial Tax Officer

01-01-2019.

10.

Shri Prakash R. Dessai

Commercial Tax Inspector

08-10-2018.

11.

Smt. Shilpa S. Belekar

Commercial Tax Inspector

08-10-2018.

12.

Shri Sandeep D. Naik

Commercial Tax Inspector

05-10-2018.

13.

Shri Ketan A. Naik

Commercial Tax Inspector

05-10-2018.

14.

Shri Vibhil B. Lad

Commercial Tax Inspector

05-10-2018.

15.

Smt. Hruta S. Ghantker

Commercial Tax Inspector

05-10-2018.

16.

Smt. Pallavi Verlekar

Commercial Tax Inspector

05-10-2018.

17.

Smt. Anjusha R. Keshkamat

Commercial Tax Inspector

05-10-2018.

18.

Shri Gauresh B. Kamat

Commercial Tax Inspector

05-10-2018.

19.

Shri Pranav S. Bhagat

Commercial Tax Inspector

05-10-2018.

20.

Smt. Ujwala V. Naik

Commercial Tax Inspector

05-10-2018.

21.

Shri Girish G. Masurkar

Commercial Tax Inspector

05-10-2018.

22.

Shri Vishwanath A. Prabhudessai

Commercial Tax Inspector

08-10-2018.

23.

Kum. Manila M. Gawandalkar

Commercial Tax Inspector

08-10-2018.

24.

Shri Delton P. I. Gracias

Commercial Tax Inspector

05-10-2018.

25.

Smt. Rati S. Kanekar

Commercial Tax Inspector

05-10-2018.

26.

Shri Manjunath P. Purushan

Commercial Tax Inspector

05-10-2018.

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

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 26th March, 2019.

________

Notification

No. 4/5/2019-Fin(R&C)/2599

In exercise of the powers conferred by Clause (a) of sub-section (2) of Section 13 of the Goa Value

Added Tax Act, 2005 (Act 9 of 2005) (hereinafter referred to as the “said Act”), the Government of Goa

hereby appoints the persons mentioned in column (2) of the Schedule annexed hereto (hereinafter called

as the “said Schedule”) and gives them the designations as specified in corresponding entry in column

(3) of the said Schedule, for carrying out the purposes of the said Act, with effect from the date their

joining the post as indicated in column (4) against their names.

SCHEDULE

Sr.

Name of the officer

Designation

Date of joining

No.

the post

Shri Sagar Babuli Gaude

Asstt. Commissioner of Commercial Taxes

22-01-2019.

Shri Vikas S. Kamble

Asstt. Commissioner of Commercial Taxes

22-01-2019.

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

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 26th March, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 1

4TH APRIL, 2019

Goa Legislature Secretariat

Corrigendum

No. LA/Admn./2019/10

Read: Order No. LA/B/Estt/8798/2005 dated 27th

January, 2005.

In the first para of the above referred order, the

words “pleased to appoint” be read as “pleased to

promote”.

By order and in the name of the Governor of

Goa.

U. D. Bicholkar, Committee Officer, Legislature.

Porvorim, 1st April, 2019.

Corrigendum

No. LA/Admn./2019/11

Read: Order No. LA/Admn./2010/3757 dated 23rd

March, 2010.

In the first para of the above referred order, the

words “pleased to appoint” be read as “pleased to

promote”.

By order and in the name of the Governor of

Goa.

U. D. Bicholkar, Committee Officer, Legislature.

Porvorim, 1st April, 2019.

———uuu———

Department of Home

Home—General Division

Order

No. 25/4/2019-Conf. Powers/Elections/HD(G)/1103

In exercise of the powers conferred under Section 20(1) of Criminal Procedure Code, 1973 (Central

Act 2 of 1974), the Government of Goa is pleased to grant powers of Additional District Magistrate for

the last two days prior to the day of polling i.e. 23-04-2019 till all the EVM’s are stored in the strong room

to the below mentioned Senior Scale Officers of Goa Civil Service during the General Elections to

Lok Sabha 2019 and Bye Elections in North Goa District.

Sr.

Name

Designation

Office address

Mobile No.

No.

1. Shri Dipak Bandekar

Commissioner

Commissioner of Commercial

9822157848

Taxes, Panaji-Goa

2. Shri Rajan Satardekar

Director

Director of Panchayat,

9823256280

Junta House, Panaji-Goa

3. Shri Santosh Kundaikar

Administrator

Goa State Co-operative Milk

9822180533

Producers Union Ltd.

4. Shri Pipi T. Murgaonkar

Dy. Director

Directorate of Sports & Youth

9850476488

Affairs, Campal, Panaji-Goa

5. Shri Ashok Rane

Additional

Commissioner of Commercial Taxes,

9881775005

Commissioner

Panaji-Goa

6. Shri V. M. Prabhudesai

Chief Executive

Directorate of Sports & Youth Affairs,

9822149524

Officer

Campal, Panaji-Goa

7. Shri Sailesh R. S. Zingde

Dy. Director of

Education Department, Porvorim-Goa

9422056484

Education

(Group A Officer Level-12)

8. Shri Harish N. Adconkar

Under Secretary

Department of Personnel, Secretariat,

9850065288

(Personnel)

Porvorim-Goa

9. Shri Meghanath Porob

Director

Directorate of Small Savings and

9970472224

Lotteries, Panaji-Goa

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

Neetal P. Amonkar, Under Secretary (Home-II).

Porvorim, 4th April, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 1

4TH APRIL, 2019

Corrigendum

No. 24/51/2012-HD(G)/970

Read: Order No. 24/51/2012-HD(G)/777 dated

06-03-2019.

The third para of the above referred order may

be read as under:

“The expenditure towards the pay and

allowances shall be debited under:-

Demand No. 5

2014

—

Administration of Justice, 00

114

—

Legal Advisors & Counsels

—

Public Prosecutors (North Goa)

—

Public Prosecutors (South Goa)

—

Salaries”.

The rest of the contents of the above referred

order shall ramain unchanged.

By order and in the name of the Governor of

Goa.

Neetal P. Amonkar, Under Secretary (Home).

Porvorim, 20th March, 2019.

———uuu———

Department of Labour

Notification

No. 28/2/2019-LAB/230

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

26-02-2019 in reference No. IT/14/11 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, 25th March, 2019.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/14/11

Shri Nitin Patekar,

H. No. 369, Dhargal,

Pernem, Goa.

…

Workman/Party I

V/s

Directorate of Sports and

Youth Affairs,

Government of Goa,

Campal, Panaji, Goa.

…

Employer/Party II

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

Palekar along with Ld. Adv. Shri V. A. Palekar

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

S. Talaulikar

AWARD

(Delivered on this the 26th day of the month

of February of the year 2019)

By Order dated 11-07-2011, bearing No. 28/4/

/2011-LAB/257, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the Gymnasium under the

Directorate of Sports and Youth Affairs,

Panaji, Goa, is an ‘Industry’ under Section 2

of the Industrial Disputes Act, 1947 (14 of

1947)?

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

affirmative, then whether the action of the

Directorate of Sports and Youth Affairs,

Panaji, Goa, in terminating the services of

Shri Nitin Y. Patekar, with effect from

20-05-2009, 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/14/11 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exhibit 7 and

Party II filed a Written statement at Exhibit 8.

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

Party I was appointed by the Directorate of Sports

and Youth Affairs as attendant in the Gymnasium

belonging to Government of Goa at Dhargal,

Pernem, Goa w.e.f. 20-01-2003 and was performing

duties such as maintenance of equipments, oiling

of the instruments as also minor maintenance such

as replacing nut, bolts, etc. which are purely duties

performed by a workman. The Party I worked

sincerely for six years and there was no complaint

about his work or on his performance from any

quarters. However, his services were suddenly

terminated from 20-05-2009 without any cause and

without following principles of natural justice. No

enquiry was held against him and he was illegally

terminated and as such the termination is illegal

and amounts to retrenchment without following

the proper procedure laid down under the law. A

representation was made to the Department

regarding illegal termination on 12-6-2009, however

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 1

4TH APRIL, 2019

it was not responded. The Party I thereafter

approached the Assistant Labour Commissioner to

intervene in the matter, however due to adamant

stand of the employer, the matter could not be

resolved and as such it ended in a failure. The

Gymnasium under the Directorate of Sports and

Youth Affairs is an industry under Section 2(j) of

the Industrial Disputes Act. The action of Party II

is illegal and unjustified. The Party I is entitled for

relief claimed, hence the dispute.

4. In the Written statement, the Party II has

claimed that the Party I was engaged as Casual

Labourer in the Directorate of Sports in the

Gymnasium of Party II w.e.f. 24-1-2003 and was not

a workman within the meaning of Section 2(s) of

the Act. The Party I was not a regular employee

and therefore question of termination of services of

Party I does not arise at all. The services of

Party I workman was discontinued from 20-5-2009

as his services were no longer required as he was

engaged as a Casual Labourer, not on regular basis

but on various Government schemes/programmes

which were purely of time bound nature and got

over after completion of said schemes and once

the said schemes/programmes are accomplished,

the casual workers lose their causal work and

therefore question of conducting any enquiry in

the matter does not arise. The Party I is not entitled

for any relief.

5. The Party I filed a rejoinder at Exh. 9 denying

the case put forth by Party II in the written

statement.

6. Issues that came to be framed at Exh. 12 are

as follows:

(1) Whether the Party I proves that the

Gymnasium under the Directorate of Sports

and Youth Affairs is an industry under

Section 2(j) of the Industrial Disputes Act,

1947?

(2) Whether the Party I proves that the sudden

termination of his services from 20-5-09 is

illegal and amounts to retrenchment

without following the proper procedure laid

down under the law?

(3) What relief? What Award?

7. The Party I, Shri Nitin Patekar examined

himself and produced on record a copy of letter

dated 12-6-2009 addressed to Party II at Exh. 15, a

copy of payment summary for the years from 2003

to 2009 at Exh. 16, a copy of minutes of conciliation

proceedings dated 21-9-2010 at Exh. 17 and a copy

of failure report dated 6-12-2010 at Exh. 18. On the

other hand, Party II examined Shri Anant Sadashiv

Raut Dessai and produced on record the copies of

payment of receipts from 2003 to 2009 at Exh. 22

colly, a copy of failure report dated 6-12-2010 at

Exh. 23 and a copy of attendance certificate at

Exh. 24 colly. The Party II also examined Shri

Sadanand Sawal Dessai and closed its case.

8. Heard arguments. Notes of Written arguments

came to be placed on record by Party II.

9. I have gone through the records of the case

and have duly considered the arguments advanced.

My findings to the above issues are as follows:

Issue No. 1

… In the Affirmative.

Issue No. 2

… In the Affirmative.

Issue No. 3

… As per final order.

REASONS

Issue No. 1:

10. Learned Adv. Shri A. S. Talaulikar for Party II

has submitted that the Gymnasium under the

Directorate of Sports and Youth Affairs is not an

industry under Section 2(j) of the Act as there was

no business, trade, undertaking, manufacture or

calling of employers. The Gymnasium established

by the Government is in fact a part of the

inalienable Government functions as also the

sovereign functions of the State and therefore the

same cannot be included in “Industry”. He further

submitted that there is an attempt by Party I to

seek back door entry in the Government service

and that his services were engaged as and when

available. He further submitted that there is no

production of goods in the said Gymnasium as the

Party I has admitted in the cross examination that

he was only the person and no other persons were

employed and hence, it is not an industry as defined

under Section 2(j) of the Act and therefore, the

above issue be answered in the affirmative.

11. Per contra, Ld. Adv. Shri V. A. Palekar for

Party I has submitted that the Party I was employed

by Party II as attendant in the Gymnasium

belonging to the Government of Goa as a regular

employee to do regular work. No documents

regarding the alleged time bound schemes or

programmes have been produced on record. The

Party I was appointed by Party II purely for the

purpose of looking after the Gymnasium as

attendant which is a systematic activity being

carried out for development of fitness of the youth

which in fact is a continuous activity being carried

out by Party II employer with the help of Party I

and therefore when any business, trade,

undertaking, manufacture or calling of employers

and includes any calling, service, employment,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 1

4TH APRIL, 2019

handicraft or industrial occupation or avocation of

workman is done, it squarely attracts section 2(j) of

the Act which is an industry as laid down in the

case of Bangalore Water Supply and Sewerage

Board vs. A. Rajappa and Others, 1978 I LLJ 349.

The activity of Party II employer squarely falls

within the definition of 2(j) of the Act and therefore

the Issue No. 1 be answered in the affirmative.

12. Admittedly, the Party I was working in the

said Gymnasium of Party II for a period of six years,

as he was appointed on 20-1-2003 and discharged

on 12-6-2009. The Party I also claimed that he was

performing duties such as maintenance of

equipments, oiling of instruments as also minor

maintenance such as replacing nut, bolts, etc. Shri

Anant S. R. Desai who has been examined on behalf

of the Party II has admitted that the Gymnasium

was established for the purpose of development of

fitness of the youth and this activity was done by

way of discharge of public duty and that

development of fitness of the youth is a continuous

activity. He also admitted that the Party I was

working on daily wages and during the period

from January 2003 to May, 2009, he was not working

at any other place except in the said Gymnasium.

He also admitted that the Gymnasium is

functioning till date. He also admitted that the

Party I was doing general duties including cleaning

and other duties assigned by the Officers. The

other witness examined by the Party II viz.

Shri Sadanand S. Dessai has also admitted that the

Party I was appointed in service in January 2003.

13. It is well settled in the case of Bangalore

Water Supply and Sewerage Board, supra that

where there is (i) systematic activity, (ii) organized

by co-operation between employer and employee,

(iii) for the production and/or distribution of goods

and services calculated to satisfy human wants

and wishes, prime facie, there is an “industry’ in

the enterprise. Absence of profit motive or gainful

objective is relevant, be the venture in the public,

joint, private or other sector. The true focus is

functional and the decisive test is the nature of

the activity with special emphasis on the employer-

employee relations. Needless to mention, the

activity of the Party II in conducting the operation

of Gymnasium was a systematic activity organized

by co-operation between the Party I and the Party

II for rendering services to satisfy the development

of fitness of the youth of the locality, for which the

services of Party I was engaged. It is therefore clear

that it is an ‘industry’ as defined under Section 2(j)

of the Act. The activity of the Party II fulfills the

test as laid down under Section 2(j) of the Act and

therefore the Party II employer cannot be exempted

from the scope of Section 2(j) of the Act. It is

therefore, the Gymnasium operated under

Directorate of Sports and Youth Affairs is an

industry as defined under Section 2(J) of the Act.

Hence, the issue No. 1 is answered in the affirmative.

Issue No. 2:

14. It is the case of Party I so also Shri Nitin

Patekar has stated in the affidavit in evidence that

he worked as attendant in the Gymnasium from

20-1-2003 for more than six years without any

complaint about his work or on his performance

and that his services were suddenly terminated

from 20-5-2009 without any cause and without

following principles of natural justice. He also

claimed that no enquiry was held against him and

that he was illegally terminated and that his

termination is illegal and amounts to retrenchment

without following the proper procedures laid down

under the law. Exhibit 15 is the letter addressed by

him dated 12-6-2009 with a request to direct

Assistant Physical Officer, Pernem to continue his

duties as Gym Supervisor claiming that all of a

sudden Mr. S. S. Mandrekar, APO, Pernem has

instructed to discontinue his duties inspite of

working sincerely in the said establishment. Exhibit

17 is the minutes of meeting held before the

Assistant Labour Commissioner, Mapusa wherein

it was claimed that the Party I was engaged at

Gymnasium at Dhargal as casual labourer and that

the proceedings ended in failure. Exhibit 18 is the

failure report.

15. There is no dispute that the Party I worked

for six years and his services were suddenly

terminated without any enquiry. The witness of

Party II viz. Shri Anant S. R. Desai has claimed that

the Party I was a casual labourer engaged for a

particular scheme which was subject to

discontinuation and as the said scheme was

discontinued, his services were terminated,

however no document regarding such scheme or

plan has been produced on record. On the contrary,

he has admitted that the Gymnasium was

functioning till date. He also admitted that besides

the said Gymnasium, they have other Gymnasiums

all over Goa. The other witness examined by Party

II viz. Shri Sadanand S. Desai, however has a

different version to narrate in para 14 of the

affidavit wherein he stated that the Party I was not

in regular service, however the Party II did not

send any correspondence or memos to him as the

need was not felt. To the question as to under

what circumstances the Party I was terminated, he

claimed that he heard that the Party I was irregular

in attending the work. Be that as it may, it is an

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 1

4TH APRIL, 2019

admitted fact that no enquiry of alleged irregularity

in attending the work has been held nor any show

cause notice or charge sheet was issued to him as

mandated by law for the reasons best known to

Party II.

16. Even, if it is presumed that the allegation of

Party II that the workman was irregular in

attending the work has any semblance of truth,

the act on the part of said workman would be a

misconduct. It is well settled that if misconduct is

the foundation of dismissal, then a domestic enquiry

is warranted. It has been held in the case of D. K.

Yadav vs. J. M. A. Industries Ltd., 1993 SCC

(L&S) 723 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 being informed of the case and giving him an

opportunity of putting forward his case as an order

involving civil consequences must be made

consistently with the rules of natural justice and

fair play. The Party II unilaterally cannot claim that

the Party I was irregular in work or that he was not

interested in the work as they are required to

institute a domestic enquiry against the workman

and prove that the workman has not been reporting

for work before terminating the services. Moreover,

there is no evidence on record in support of the

contention that the scheme floated by the Party II

had come to an end or that the Party I was

terminated for not attending the work. The Party II

has not shown any justification for termination of

services of Party I on the ground of misconduct or

otherwise. The termination of services of Party I is

therefore is in violation of principles of natural

justice and fair play and therefore it is illegal and

unjustified. Hence, the issues No. 2 is answered in

the affirmative.

Issue No. 3:

17. The question therefore is what reliefs the

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

termination/discharge is illegal, whether the Party

I is entitled for re-instatement with full back wages

and continuity in service with consequential

benefits attached to the post or adequate monetary

compensation in lieu of reinstatement and back

wages.

18. 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 workman was working

for the Party II as a Casual Labourer on day-to-day

basis and was paid minimum wages as per Exh. 16

and have put in more than 6 years of service as

admitted by witness of Party II. The Party I was

however not appointed in accordance with

recruitment rules in force, at a time of initial

appointment. There is no letter of appointment

issued to Party I workman. Mere length of service

as causal employee would not confer any right on

the employee to claim regularization or permanent

absorption unless employee had been appointed

in pursuance of regular recruitment in accordance

with relevant rules in open competitive process

against sanctioned vacant post. The Party I

therefore cannot seek reinstatement in service.

19. It is also well settled that workman has no

right to claim back wages from his employer as of

right only because Court set aside his dismissal

order. It is necessary for the workman to prove

with aid of evidence that after his dismissal from

service, he was not gainfully employed and had no

earning to maintain himself and his family. There

are also no pleadings that Party I workman has

been employed after he was terminated nor he has

stated what efforts he has made for securing gainful

employment and how he is sustaining himself. There

is no dispute that the Party I workman was

summarily terminated without paying any legal

dues. The statement of wages drawn by him which

have been certified by Party II show that the

last drawn wages at the time of termination was

Rs. 176/- per day. Therefore, considering that the

Party I workman had put in services of about more

than 6 years on the date of termination and that

the Party I workman was earning around Rs. 176/-

per day i.e. Rs. 4576/- for 26 days of the month, it

would translate into Rs. 55,000/- per annum approx.

which can be reckoned for the purposes of arriving

at the amount of compensation, which would be

around Rs. 5,44,500/- (Rupees Five lakhs forty four

thousand five hundred only) representing wages

for 9 years and nine months 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 Party I is

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 1

4TH APRIL, 2019

paid 60% back wages which would work out to Rs.

3,26,700/- (Rupees Three lakhs twenty six thousand

seven hundred only) which would be just, proper

and equitable in the facts and circumstances of

the case. Hence, the above issue is answered

accordingly.

20. 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

Directorate of Sports and Youth Affairs,

Panaji, Goa, in terminating the services of

Shri Nitin Y. Patekar, with effect from

20-05-2009, is illegal and unjustified.

(iii) The Party II is directed to pay monetary

compensation of Rs. 3,26,700/- (Rupees

Three lakhs twenty six thousand seven

hundred only) to Shri Nitin Y. Patekar 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.

———uuu———

Department of Law & Judiciary

Law (Establishment) Division

Order

No. 3/26/84/LD(Estt.)/PART/663

In exercise of the powers conferred by Rule 1 of

Order XXVII of the First Schedule to the Code of

Civil Procedure, 1908 (5 of 1908) and in supersession

of the Government Notification No. 3-26-84/LD

dated 02-06-1987, published in the Official Gazette,

Series II No. 18 dated 30th July, 1987, the

Government of Goa hereby appoints:-

(i)

The officers specified in the Schedule

annexed hereto as persons by whom plaints

and written statements in suits in any Court

of civil jurisdiction by or against the

Government of Goa, shall be signed.

(ii)

The officers referred to in sub-clause (i)

above who are acquainted with the facts of

the case as persons by whom such plaints

and written statements shall be verified.

SCHEDULE

(1)

Chief Secretary, all Secretaries, Special

Secretary (Planning), Additional Secretaries,

Deputy Secretaries, Joint Secretaries and

Under Secretaries to the Government of Goa.

(2)

Director General of Police.

Including:-

(i) District Superintendent of Police.

(ii) Superintendent of Police, C.I.D.

(iii) Superintendent of Police, Training.

(iv) Superintendent of Police, Headquarters.

(v) Deputy Commandant General, Home

Guards.

(3)

Collectors of Goa.

Including:-

(i) Deputy of Collectors.

(ii) Mamlatdars.

(4)

Director of Panchayats.

Including:-

(i) Additional Directors of Panchayats.

(ii) Deputy Directors of Panchayats.

(5)

Captain of Ports, Panaji-Goa.

(6)

Director of Education.

(7)

Director of Tourism.

(8)

Director of Fisheries.

(9)

Director of Agriculture.

(10)

Director of Animal Husbandary and

Veterinary Services.

(11)

Director of Information.

(12)

Director of Sports and Youth Affairs.

(13)

Director of Transport.

(14)

Director of Health Services.

(15)

Director of Industries, Trade and Commerce.

Including:-

(i) General Manager (DIC).

(16)

Director of Mines & Geology.

Including:-

(i) Deputy Director of Mines and Geology.

(17)

Director of Planning, Statistics and

Evaluation.

(18)

Director of Archives and Archaeology.

(19)

Director of Civil Supplies and Price Control.

Including:-

(i) Dy. Director of Civil Supplies and Price

Control.

(ii) Assistant Director of Civil Supplies and

Price Control.

(iii) All the Inspectors of Civil Supplies and

Price Control.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 1

4TH APRIL, 2019

(20)

Controller of Weights and Measures and

Additional Controller of Legal Metrology.

Including:-

(i) Assistant Controller of Weights and

Measure and Legal Metrology.

(ii) All the Inspectors of Weights and

Measures and Legal Metrology.

(21)

Chief Engineer, Public Works Department.

Including:-

(i) All the Executive Engineers.

(22)

Chief

Engineer,

Water

Resources

Department.

Including:-

(i) Additional Chief Engineer (Irrigation

Project).

(ii) Superintending Engineers.

(iii) Executive Engineers.

(iv) Special Land Acquisition Officer (North).

(v) Special Land Acquisition Officer (South).

(vi) Director of Administration, Office of the

Chief Engineer.

(vii) Deputy Director of Administration, Office

of the Chief Engineer.

(23)

Chief Electrical Engineer, Electricity

Department.

Including:-

(i) Director (Administration).

(ii) Accounts Officer.

(iii) Superintending Engineers.

(iv) All Executive Engineers.

(v) All Assistant Engineers.

(24)

Director, Government Printing Press.

(25)

Inspector General of Prisons.

Including:-

(i) The Superintendent of Central Jail,

Aguada and the Ex-Officio Superinten-

dent of Sub-Jail, Colvale Jail.

(26)

Dean, Goa Medical College.

(27)

Director (Administration), Goa Medical

College.

(28)

Dean, Goa Dental College.

(29)

Principal, Goa College of Pharmacy.

(30)

Principal, Government Polytechnic.

(31)

Principal, Goa Engineering College.

(32)

Chief Town Planner.

(33)

Principal Chief Conservator of Forests.

Including:-

(i) Deputy Conservator of Forests, South

Goa Division.

(ii) Deputy Conservator of Forests, North

Goa Division.

(iii) Deputy Conservator of Forests, Cashew

Division.

(iv) Deputy Conservator of Forests, Wild Life

& Parks Divisions.

(v) Deputy Conservator of Forests, Research

& Working Plan Division.

(vi) Deputy Conservator of Forests, Soil

Forestry Division.

(vii) Deputy Conservator of Forests, Soil

Conservation Division.

(viii) Deputy Conservator of Forests, Planning

and Statistics.

(ix) Range Forest Officers (Territorial).

(x) Range Forest Officers, Wild Life

Divisions.

(xi) Range Forest Officers, Cashew Divisions.

(xii) Assistant Conservator of Forest.

(34)

Commissioner of Labour and Employment.

(35)

Commissioner of Commercial Taxes.

(36)

Commissioner of Excise.

(37)

Registrar of Co-operative Societies.

(38)

Director of Social Welfare.

(39)

Director of Accounts.

(40)

Deputy Director (Vigilance).

(41)

The Principal, Goa College of Architecture.

(42)

The District and Sessions Judges of Goa.

(43)

The District Registrars of Goa (North and

South).

(44)

The Director of Settlement and Land

Records.

(45)

Assistant Drugs Controllers and Drugs

Inspector (for the purpose of Drugs), Health

Department.

(46)

Director of Women and Child Development.

(47)

Director of Civil Aviation.

By order and in the name of the Governor

of Goa.

Amir Parab, Under Secretary (Law-Estt.).

Porvorim, 1st April, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 1

4TH APRIL, 2019

Department of Mines

Directorate of Mines & Geology

Order

No. 96/199/87/IIR-Mines/8477

Read: Government Order No. DMG/MMDR/37VIO/

/02/2014/3342 dated 05-01-2018 published

in Official Gazette, No. 41 Series II dated

11th January, 2018.

In partial modification of Order read at preamble,

in exercise of the powers conferred by Rules 17 &

18 of the Rules of Business of the Government of

Goa, Shri Ameya Abhyankar, IAS, Director of Mines

and Geology, Government of Goa is hereby

delegated the powers of the State Government to

hear and dispose off the matters in terms of Rule

37 & 38 of the Mineral Concession Rules, 1960 as

it existed with immediate effect.

The final orders in above mentioned

proceedings shall be authenticated in terms of the

Authentication Rules so framed by the Government.

By order and in the name of the Governor

of Goa.

Daulat Hawaldar, IAS, Commissioner-cum-

-Secretary (Mines).

Panaji, 28th March, 2019.

———uuu———

Department of Personnel

Order

No. 15/7/2003-PER(Part)/1028

Read: 1) Notification No. 1/25/87-PER dated 17-4-1996 published in the Official Gazette, Series I No. 9

dated 31-5-1996.

2) Notification No. 15/50/87-PER-Part I dated 12-12-1997 published in the Official Gazette,

Series I No. 44 dated 29-1-1998.

3) Notification No. 15/7/2003-PER dated 17-2-2011 published in the Official Gazette, Series I

No. 49 dated 03-03-2011.

4) Letter No. COM/I/5/42(1)/2018/1290 dated 11-03-2019 of the Deputy Secretary, Goa Public

Service Commission, Panaji-Goa.

The Result of the Departmental Examination of the following Officers in the Cadre of Mamlatdar/

/Jt. Mamlatdar/Assistant Director of Civil Supplies conducted by the Goa Public Service Commission in

pursuance to the Notifications read in preamble (1), (2) and (3) from 07-01-2019 to 11-01-2019, is declared,

as indicated against their names:

Sr.

Name of the officer

Result

Remarks

No.

Kum. Shama Narvekar alias Smt. Shama J. Arondekar

Failed

Failed in paper IV & V.

Shri Laximikant R. Dessai

Failed

Failed in paper I & V.

Smt. Varsha Parab

Passed

—

Shri Manoj Korgaonkar

Failed

Failed in paper V.

Shri Dasharath Gawas

Passed

—

Shri Vimod Dalal

Failed

Failed in paper IV & V.

Shri Laximikant Kuttikar

Failed

Failed in paper I, IV & V.

Shri Anil V. Rane Sardessai

Failed

Failed in paper I, IV & V.

Shri Jeetendra Bugde

Failed

Failed in paper I & V.

10.

Shri Prataprao Gaunkar

Failed

Failed in paper IV & V.

11.

Shri Shripad Majik

Failed

Failed in paper I & V.

12.

Shri Bhiku L. Gawas

Failed

Failed in paper I.

This is issued based on the result of the above candidates communicated by the Goa Public Service

Commission vide their letter read in preamble (4).

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

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

Porvorim, 1st April, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 1

4TH APRIL, 2019

Order

No. 15/9/2003-PER(Part-I)/1027

On the recommendation of the Goa Public

Service Commission as conveyed vide its letter

No. COM/II/12/42(2)/2013/418 dated 14-3-2019, the

Governor of Goa is pleased to declare that the

following Officers in the cadre of Mamlatdar/

/Jt. Mamlatdar/Assistant Director of Civil Supplies

to have satisfactorily completed their probation period

and to confirm them in service as indicated below:

Sr.

Name of the officers

Date of completion

No.

of probation period

and confirmation

1. Shri Mandar Mohan Naik

30-01-2018.

2. Smt. Sharmila Ulhas Gaunkar

24-10-2018.

By order and in the name of the Governor of

Goa.

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

Porvorim, 1st April, 2019.

www.goaprintingpress.gov.in

Published and Printed by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE–Rs. 12.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—2/160–4/2019.

Department of Power

Office of the Chief Electrical Engineer

Addendum

No. CEE/Estt-31-25-88/(Depu)/S.E./4709

Read: Order No. CEE/Estt-31-25-88/(Depu)/S.E./

/2617 dated 7-11-2018.

In the above referred order, at para 5, after the

date 27-8-2018, the following sentence may be read

as added “and also with the approval of High Level

Empowered Committee (HLEC)”.

The rest of the contents remain unchanged.

By order and in the name of the Governor

of Goa.

Reshma Mathew, Chief Electrical Engineer &

ex officio Addl. Secretary.

Panaji, 27th March, 2019.