Panaji, 25th July, 2019 (Sravana 3,1941)
SERIES II No. 17
297
Suggestions are welcomed on e-mail: [email protected]
PUBLISHED BY AUTHORITY
RNI No. GOAENG/2002/6410
Reg. No. G-2/RNP/GOA/32/2018-20
GOVERNMENT OF GOA
Department of Agriculture
Directorate of Agriculture
__
Order
No. 2/14/95/Agri(Part)/Vol.II/507
Government is pleased to transfer Shri Govind
Vasant Parab, Assistant Agriculture Officer,
presently working at the Headquarters in the
Extension Section to Farmers Training Centre, Ela,
Old Goa with immediate effect.
Shri Govind V. Parab stands relieved w.e.f.
15-07-2019 (a.n.). This is issued with approval of
Government vide U.O No. 2606 dated 05-07-2019.
By order and in the name of the Governor of
Goa.
Madhav B. Kelkar, Director & ex officio Joint
Secretary (Agriculture).
Tonca-Caranzalem, 12th July, 2019.
________
Corrigendum
No. 2/14/95/Agri(Part)/Vol.II/562
Read: Order No. 2/14/95/Agri (Part)/Vol.II/438
dated 02-07-2019.
In the above referred order, the second last para
may be read as
“The officers at Sr. Nos. 1, 2, 4, 5, 6, 7, 8 & 11
stands relieved from their respective posts w.e.f.
02-07-2019 (a.n.). No joining time will be allowed in
case there is no change of residence”.
Instead of
The officers at Sr. Nos. 1, 2, 4, 5, 6, 7 & 8 stands
relieved from their respective posts w.e.f.
02-07-2019 (a.n.). No joining time will be allowed
in case there is no change of residence”.
By order and in the name of the Governor of
Goa.
Madhav B. Kelkar, Director & ex officio Joint
Secretary (Agriculture).
Tonca-Caranzalem, 22nd July, 2019.
———uuu———
Department of Co-operation
Office of the Registrar of Co-operative Societies
__
Order
No. 8-1/FISH/TS-II/SZ/2017/RCS/2290
Read: 1) Show Cause Notice No. 17-242-2006/
/ARSZ/FISHERIES/212 dated 21-04-2017.
2) This office Order No. 8/1/FISH/TS-II/SZ/
/2017/RCS/668
dated
19-05-2017
appointing a Committee of Adminis-
trator in term of Section 67A(1) of the
Goa Co-operative Societies Act, 2001 to
streamline the affairs of the South Goa
Mechanized Boat Owners Co-op. &
Marketing Society Ltd., Cutband, Velim,
Salcete-Goa.
3) Letter No. SGMBOCMSL/COA/13 dated
20-11-2017 received from Chairman of
Committee of Administrator of the South
Goa Mechanized Boat Owners Co-op. &
Marketing Society Ltd., Cutband, Velim,
Salcete-Goa.
Note:-
There are two Extraordinary issues to the
Official Gazette, Series II No. 16 dated 18-07-2019
as follows:—
(1) Extraordinary dated 18-07-2019 from pages 293
to 294 regarding Notification from Goa
Legislature Secretariat.
(2) Extraordinary (No. 2) dated 24-07-2019 from
pages 295 to 296 regarding Notification from
Department of Elections.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 17
25TH JULY, 2019
298
4) This office Order No. 8/1/FISH/TS-II/SZ/
/2017/RCS/3829 dated 29-12-2017
extending the term of Committee of
Administrator.
5) This office Order No. 8/1/FISH/TS-II/SZ/
/2017/RCS dated 04-06-2018 extending
the term of Committee of Administrator.
6) This office Order No. 8/1/FISH/TS-II/SZ/
/2017/RCS/3708 dated 24-12-2018
extending the term of Committee of
Administrator.
In exercise of powers vested in me under
Section 67A(1) of the Goa Co-operative Societies
Act, 2001, I, Menino D’Souza, Registrar of
Co-operative Societies, Government of Goa, hereby
extend the term of Committee of Administrators
appointed vide order referred at Sr. No. 2
hereinabove for another period of six months with
retrospective effect from 23-05-2019 or till
constitution of full fledged Board of Directors with
due process of law, whichever is earlier.
Menino D’Souza, Registrar & ex officio Joint
Secretary (Co-op. Societies).
Panaji, 16th July, 2019.
———uuu———
Department of Education, Art & Culture
Directorate of Higher Education
__
Order
No. 23/1/2001-DHE/Vol.I/3886
Government is pleased to declare Dr. Maria
Norma Menezes, Associate Professor in Philosophy,
Government College of Arts, Science and
Commerce, Sanquelim-Goa as “Surplus” since
there is no workload for her in any of the
Government Colleges as her subject “Philosophy”
is not being taught/offered in any of the
Government Colleges.
Consequent upon Dr. Maria Norma Menezes
being declared as “Surplus”, she is hereby
transferred to Government College of Commerce
and Economics, Margao-Goa with immediate effect
in public interest.
By order and in the name of the Governor of
Goa.
Prasad G. Volvoikar, Under Secretary (Higher
Education).
Porvorim, 10th July, 2019.
Certificate
No. ACADIII/GC-06/PER/28/2019/3923
Read: Order No. ACAD-III/GC/Filling-Asstt. Prof/
/60/2018/6086 dated 08-03-2019.
Certified that the character and antecedents of
Ms. Melcy Lily Dias, appointed to the post of
Assistant Professor in Geography (Group “A”
Gazetted) in Sant Sohirobanath Ambiye
Government College of Arts and Commerce,
Pernem-Goa under Directorate of Higher Education
vide above referred Order has been verified by the
Addl. District Magistrate, South Goa District,
Margao-Goa and nothing adverse has come to the
notice of the Government.
Dr. Remy Dias, Dy. Director (Higher Education).
Porvorim, 12th July, 2019.
________
Certificate
No. ACADIII/GC-03/PER/24/2019/4042
Read: ACAD-III/GC/Filling-Asstt. Prof/60/2018/
/6057 dated 07-03-2019.
Certified that the character and antecedents of
Shri Guruprasad Ramkrishna Naik, appointed to
the post of Assistant Professor in Economics (Group
“A” Gazetted) in Government College of Arts,
Science and Commerce, Sanquelim-Goa under
Directorate of Higher Education vide above referred
Order has been verified by the Addl. Collector &
ADM, North Goa, Panaji-Goa and nothing adverse
has come to the notice of the Government.
Dr. Remy Dias, Dy. Director (Higher Education).
Porvorim, 18th June, 2019.
________
Certificate
No. ACADIII/GC-05/PER/17/2019/4124
Refer: Certificate No. ACAD-III/GC-05/PER/17/
/2019/1399 dated 25-06-2018.
Certified that the character and antecedents of
Mr. Milton Pires, appointed to the post of Assistant
Professor in Computer Science (Group “A”
Gazetted) in Government College of Arts, Science
and Commerce, Khandola-Goa under Directorate of
Higher Education vide above referred Order has
been verified by the Addl. District Magistrate,
South Goa District, Margao-Goa and nothing
adverse has come to the notice of the Government.
This issues in supersession to this Department
earlier Certificate No. ACAD-III/GC-04/PER/17/
/2019/1399 dated 25-06-2019.
Dr. Remy Dias, Dy. Director (Higher Education).
Porvorim, 22nd July, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 17
25TH JULY, 2019
299
Certificate
No. ACADIII/GC-05/PER/27/2019/4126
Read: ACAD-III/GC/Filling-Asstt. Prof/60/2018/
/6057 dated 07-03-2019.
Certified that the character and antecedents of
Ms. Manisha Manohar Phadte, appointed to the
post of Assistant Professor in Economics (Group
“A” Gazetted) in Government College of Arts,
Science and Commerce, Khandola-Goa under
Directorate of Higher Education vide above referred
Order has been verified by the District Magistrate,
North Goa District, Panaji-Goa and nothing adverse
has come to the notice of the Government.
Dr. Remy Dias, Dy. Director (Higher Education).
Porvorim, 22nd July, 2019.
———uuu———
Department of Elections
Goa State Election Commission
__
Order
No. 5/25/Bye-election/NGZPT/2019-SEC/755
Sub.: Filing of Form A & B.
Whereas, the superintendence, direction &
control of Zilla Panchayat Election in Goa are vested
by the Article 243K of the Constitution of India
with the State Commission of Goa.
Whereas, by way of the Goa Panchayat Raj
(Amendment) Ordinance, 2015, the provision of the
Goa Panchayat Raj Act has been amended and
Clause 16A incorporated in the Act defining
Political Parties means a Political Party as defined
under the Clause (f) of sub-section 1 of Section 2 of
the Representation of People Act, 1951 and further
Section 133A newly inserted in the Goa Panchayat
Act, 1994 provided that the election of the
Members of the Zilla Panchayat in the Constituency
of the Zilla Panchayat shall be for the candidate
sponsored by Political Parties as defined under the
Clause 16A of sub-section 2 of the Act. However,
Independent candidate shall also be eligible to
contest as Independents.
And whereas, it is necessary and expedient to
provide in the interest of purity of election to Zilla
Panchayat Constituency and in the interest of the
conduct of such election in a fair and efficient
manner for the specification, reservation and
allotment of symbols to a candidate of recognized
political party and also independent candidates
and for matters connected therewith.
Now, therefore, in exercise of the powers
conferred by Article 243K of the Constitution of
India read with Section 2 of the Panchayat Raj Act,
1994, and Rule 20 of the Goa Panchayat & Zilla
Panchayat (Election Procedure) Rules, 1996, the
Commission hereby gives the following directions.
1.
A candidate shall be deemed to be set up
by a recognized National/State Political Party
upon a notice by the Political Party in writing
in Form B or Form A not later than 3.00 p.m.
on the last date of making the nomination
be delivered to the RO of the Constituency.
2.
Form B shall be signed by the recognized
political party President or Secretary
of Goa Region having party office in Goa.
Alternatively, Form A is to be used by the
President or Secretary of the recognized
Political Party not having a party office in
Goa.
3.
The Form A & B are signed in ink only
provided that no specimen signature or
signatures by means of rubber stamp of any
such office bearer shall be accepted and no
form transmitted by Fax shall be accepted.
4.
The Form A & B prescribed by Election
Commission of India and as modified by the
Goa State Election Commission which is
appended hereto shall be used.
R. K. Srivastava, IAS (Retd.), Commissioner
(Goa State Election Commission).
Panaji, 19th July, 2019.
———uuu———
Department of Home
Home—General Division
—
Order
No. 2/5/2009-HD(G)/Part II/1935
Government of Goa is pleased to constitute
the State Level Committee with the following
composition for implementation of Interoperable
Criminal Justice System Project:
1) Chief Secretary
— Chairperson.
2) Director General of Police
— Member.
3) Finance Secretary
— Member.
4) Secretary (IT)
— Member.
5) Special Secretary (Home)
— Member.
6) Representative of NIC
— Member.
7) Representative of MHA, GOI
— Member.
8) Nodal Officer, ICJS Project
— Member.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 17
25TH JULY, 2019
300
9) Registrar, High Court of
— Member.
Bombay at Panaji
10) Inspector General of Prisons, — Member.
Panaji
11) Director of Transport, Panaji — Member.
12) Chief Administrative Officer — Member.
representing Principal
District & Session Court,
North Goa
13) Director, Forensic Science
— Member.
Laboratory, Verna
14) Director, Finger Prints
— Member.
Bureau, Verna
15) Director of Prosecution,
— Member.
Panaji
The Apex Committee shall from time to time
review the progress of the project monitor
utilization of funds and issue policy direction and
guidelines.
The aforesaid committee may co-opt any other
officer expert as a member as and when required.
By order and in the name of the Governor of
Goa.
Nilesh K. Dhaigodkar, Under Secretary (Home).
Porvorim, 11th July, 2019.
________
Order
No. 2/5/2009-HD(G)/Part II/1936
Read: 1) Government Order No. 2/5/2009-HD(G)/I
dated 30-09-2009.
2) Government Order No. 2/45/2016-HD(G)/
/435 dated 05-05-2016.
Government of Goa is pleased to constitute
the State Apex Committee with the following
composition for implementation of Crime and
Criminal Tracking Network & Systems (CCTNS)
Project:
1) Chief Secretary
— Chairperson.
2) Director General of Police
— Member.
3) Finance Secretary
— Member.
4) Secretary (IT)
— Member.
5) Special Secretary (Home)
— Member.
6) Representative of NIC
— Member.
7) Representative of MHA, GOI
— Member.
8) Nodal Officer, CCTNS Project — Member.
9) Registrar, High Court of
— Member.
Bombay at Panaji
10) Inspector General of Prisons, — Member.
Panaji
11) Director of Transport, Panaji — Member.
12) Chief Administrative Officer — Member.
representing Principal
District & Session Court,
North Goa
13) Director, Forensic Science
— Member.
Laboratory, Verna
14) Director, Finger Prints
— Member.
Bureau, Verna
15) Director of Prosecution,
— Member.
Panaji
The Apex Committee shall from time to time
review the progress of the project monitor
utilization of funds and issue policy direction and
guidelines.
The aforesaid committee may co-opt any other
officer expert as a member as and when required.
The Committee shall meet atleast once in a
quarter.
This order supersedes earlier Government Order
No. 2/5/2009-HD(G)/I dated 30-09-2009 and
Government Order No. 2/45/2016-HD(G)/435 dated
05-05-2016.
By order and in the name of the Governor of
Goa.
Nilesh K. Dhaigodkar, Under Secretary (Home).
Porvorim, 11th July, 2019.
———uuu———
Department of Information & Publicity
__
Order
No. DIP/R.Day-TAB/2020/2019/1121
Government is pleased to constitute a committee
under the Chairmanship of Hon’ble Chief Minister
Shri Pramod Sawant comprising of the following in
order to select the design of tableau for
presentation at Republic Day Parade, 2020:
1. Shri Pramod Sawant,
— Chairman.
Chief Minister
2. Shri Govind Gaude,
— Member.
Minister for Art & Culture
3. Chief Secretary
— Member.
4. Secretary, Information &
— Member.
Publicity
5. Shri Sanjay Harmalkar,
— Member.
Artist & Chairman, I.M.B.
6. Principal Chief Engineer, PWD — Member.
7. Principal, Goa College of Art
— Member.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 17
25TH JULY, 2019
301
8. Director of Art & Culture
— Member.
9. Director of Accounts
— Member.
10. Principal, Goa College of Music — Member.
11. Jt. Director of Information &
— Member.
Publicity
12. Director of Information &
— Member
Publicity
Secretary.
The Committee will be entrusted with the
following works:
1. Scrutinize designs received from independent
artistes, art students and tableau contractors.
2. Technical evaluation of the eligible bids
based on the information/detailing/concept/
design/s.
3. Awarding of marks to the bids based on
criteria prior experience previous awards of
the bidders, presentation etc.
4. Supervise the fabrication of the float and
oversee the presentation.
This issues with the approval of Government
under U.O. No. 2008/F dated 01-07-2019.
By order and in the name of the Governor of
Goa.
Meghana Shetgaonkar, Director & ex officio Jt.
Secretary (Information & Publicity).
Panaji, 12th July, 2019.
———uuu———
Department of Labour
__
Notification
No. 28/2/2019-LAB/452
The following award passed by the Industrial
Tribunal and Labour Court at Panaji-Goa on
17-06-2019 in reference No. IT/09/17 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, 12th July, 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/09/17
Workmen,
Rep. by the President,
Vicco Laboratories Workers Union,
Ground Floor, Kamakshi Krupa,
Khadapabandh,
Ponda, Goa-403 401.
… Workmen/Party I
V/s
M/s. Vicco Laboratories (Goa),
Corlim, Ilhas, Goa-403 110.
… Employer/Party II
Workmen/Party I represented by Shri Subhash Naik
Jorge.
Employer/Party II represented by Ld. Adv. Shri G.
K. Sardessai.
AWARD
(Delivered on this the 17th day of the month
of June, of the year 2019)
By Order dated 20-4-2017, bearing No. 28/10/
/2017-LAB/250, the Government of Goa in exercise
of powers conferred by Section 10 (1)(d) of the
Industrial Disputes Act, 1947 (for short The Act),
has referred the following dispute to the Tribunal
for adjudication.
“(1) Whether the action of the management of
M/s. Vicco Laboratories (Goa), Corlim, Goa,
in refusing to consider the following demands
raised by the workmen, represented by the
Vicco Laboratories Workers Union vide their
letter dated 30-06-2015, is legal and justified?
CHARTER OF DEMANDS
Demand No. 1. Pay Scales:
W-I : 2450-180-3350-190-4300-200-5300-210-6350-
-220-7450-230.
W-II : 2550-200-3550-210-4600-220-5700-230-6850-
-240-8050-250.
W-III : 2650-220-3750-230-4900-240-6100-250-7350-
-260-8650-260.
Demand No. 2. Flat Rise:
Union demands that all the workers shall be
given the flat rise at the rate of Rs. 8000/-. The
above amount should be added to the existing
basic and thereafter fitted in the revised pay scale
in the higher stage.
Demand No. 3. Seniority Increment:
Union demands that the workmen should be
given seniority increments as mentioned below:
• Service from 1st June, 1997 : Five Increments.
upto 31st July, 1997
• Service from 1st August
: Three Increments.
upto 31st December, 1997
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 17
25TH JULY, 2019
302
• Service from 1st January,
: One Increment.
1998 upto 31st December,
2003
Demand No. 4. Variable Dearness Allowance:
Union demands that at present no VDA is paid
to the workmen and in order to compensate the
increase in the cost of living, the VDA shall be
paid at the rate of Rs. 7 per point rise above AICPI
2000 (1960=100) the computation of VDA shall be
made quarterly based on the average consumer
price index of preceding quarter. The VDA up to
2000 points shall be merged into Fixed Dearness
Allowance.
Demand No. 5. House Rent Allowance:
Union demands that HRA should be paid at the
revised rate of 35% of Basic and Dearness
Allowance, as the cost of accommodation is very
high in Goa due to Tourist State.
Demand No. 6. Education Allowance:
The Union demands that the existing
educational allowance shall be revised by adding
Rs. 500/- per worker per month and shall be paid
accordingly.
Demand No. 7. Transport Allowance:
Union demands that the workers shall be
provided with the transport facility or shall be paid
transport allowance at the rate of Rs. 1000/- per
month.
Demand No. 8. Paid Holidays:
Union demands that the workmen shall be
granted paid holidays for 15 days per year.
Demand No. 9. Leave:
Union demands that all the workmen should be
given leave on the following basis:
(A)
Earned Leave: Union demands that all the
workmen should be given earned leave at
the rate of 35 days E.L. per year with
accumulation up to 120 days and leave shall
be allowed to take 10 times in a year.
(B)
Casual Leave: Union demands that all the
workmen should be given casual leave at
the rate of 15 days per year.
(C)
Sick Leave: Union demands that all the
workmen should be given sick leave at the
rate of 20 days per year.
Demand No. 10. Leave Travel Assistance:
Union demands that LTA should be paid at the
rate of Rs. 6000/- per annum per workmen.
Demand No. 11. Canteen Allowance/Food Subsidy:
Union demands that all the workmen shall be
paid canteen allowance at the rate of Rs. 1000/-
per workmen as there is no canteen facility
provided to the workers by the management.
Demand No. 12. Medical Allowance:
The Union demands that the Medical allowance
of Rs. 500/- per worker per month and shall be paid
accordingly.
Demand No. 13. Accident Benefits/Ambulance
Service:
Union demands that those workers who met with
an accident while on duty shall be granted special
leave and shall be reimbursed with all the medical
expenses. The union further demands that the
management should provide Ambulance Facility
to the workers in case of any accident in factory
premises or in cases of emergency to shift the
worker from the factory to the hospital.
Demand No. 14. Hospitalization Benefit:
The union demands that workers be provided
with the hospitalization benefit in case the wages
of the workers cross the limit of ESIC and if the
workers are disqualified from the coverage of ESIC
and further provided with 7 days sick leave. The
company shall formulate hospitalization policy.
Demand No. 15. Insurance Policy of the Workmen:
Union demands that group insurance policy
worth Rs. 1,00,000/- be drawn for workers in case
of death and/or major illness.
Demand No. 16. Promotion Policy/Designation:
Union demands that separate promotion policy
should be promulgated in consultation with the
union and every workman shall be designated to
his specific post as Sr. Operator, Operator, Asst.
Operator, Helpers, etc.
Demand No. 17. Loan:
Union demands that the interest free loan of Rs.
1,00,000/- should be granted to the workmen to
meet the purchase of household articles or house
repairs or marriage of self or his/her family member.
Demand No. 18. Gifts/Service/Award:
Union demands that workmen should be given
service award as mentioned below:
•
Service up to 10 years service award worth
Rs. 4000/- with service certificate.
•
Service beyond 10 years service award worth
Rs. 6000/- with service certificate.
•
Special gift (One Month Wages) to all workers
towards celebration of Diamond jubilee year
of the Company which may be paid on the
date of establishment of the company.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 17
25TH JULY, 2019
303
Demand No. 19. Bonus/Ex-gratia:
Union demands that all the workers shall be
paid 30% of Bonus/Ex-gratia every year without
any ceiling.
Demand No. 20. Festival Advance:
Union demands that all the workmen shall be
given Festival advance at the rate of Rs. 10000/-
once in a year to be deducted in 10 equal
installments.
Demand No. 21. Safety/Safe Drinking Water:
Union demands that the workers be provided
with 2 doubled filtered masks, 2 glows and 2 safety
goggles every year for every worker. Union further
demands that management should install an
electric water purifier so as to ensure that the
workers get safe hot and cold drinking water.
Demand No. 22. Raincoats:
Union demands that every worker be provided
with good quality raincoats every year in the first
week of June.
Demand No. 23. Soaps and Paste:
Union demands that every worker be given 4
soaps every month and 2 toothpaste of 200 gms.
every month.
Demand No. 24. Half Day Joining:
The Union demands that the workers be provided
with the facility of second half joining and with
the facility of short leave.
Demand No. 25. Period of Settlement:
The Union demands that the settlement should
be for the period of 3 years and should not be in
any circumstances be extended beyond 3 years.
(2) If the answer to issue No. (1) above is in the
negative, then, what relief the workmen are
entitled to?”
2. Upon receipt of the reference, it was registered
as IT/09/17 and registered A/D notices were issued
to both the parties. Pursuant to service of notices,
the Party I filed a Claim Statement at Exhibit 6. The
Party II filed a Written Statement at Exhibit 7.
3. In short, the case of the Party I is that the
workmen are employed with Party II for last 20
years. The Party I/workmen are permanent workmen
and that there was a practice of signing wage
settlement for the period of 3 years. The employer
is having good market in India, so also outside
India. The last settlement was signed by the union
and the management dated 26-6-2013 which
expired on 30-5-2015. The union raised a fresh
Charter of demands vide letter dated 30-06-2015,
however the management was not interested in
discussing and settling the demands raised by the
union and as such the dispute was raised before
the Assistant Labour Commissioner, which ended
in failure. The management ought to have settled
the said demands at Sr. No. 1 to 25. The action of
the management in refusing to discuss and to settle
the Charter of demands is illegal and unjustified.
The Party I is therefore entitled for the relief
claimed.
4. In the Written statement, the Party II claimed
that there is no industrial dispute as the Charter
of demands have been raised without the support
of substantial segment of workforce. The
management has entered into various settlements
with the workmen on their Charter of demands,
since 1-2-2000 and last such settlement was arrived
on 26-6-2013 for increase in wages and benefits.
The workmen are not entitled to any relief as
prayed in their claim statement.
5. In the rejoinder at Exhibit 8, Party I denied the
contention of the Party II as stated in the written
statement.
6. Issues came to be framed at Exh. 11.
7. In the course of initial proceedings, the parties
filed an application at Exh. 14 colly alongwith a
copy of Memorandum of Settlement dated
21-05-2019 signed under Section 2(p) read with
Section 18(1) of the Industrial Disputes Act, 1947
between the parties on the subject matter of the
above reference and prayed that the award be
passed in terms of the settlement.
8. The terms of settlement are reproduced here-
in-below:
1) It has been agreed between the parties that
all employees will accept the letter dated
10-08-2017 and the payment made to them
as if their services were terminated and they
have resigned in accordance with law.
2) It has been agreed by both the parties that
the management will pay an ex-gratia
payment to employees as per the
ANNEXURE ‘A’.
3) It has been agreed between the parties that
in view of the
amicable settlement each
worker mentioned in the ANNEXURE
‘A ’
will submit letter of resignation from the
services of the company with effect from
30th June, 2017.
4) It has been agreed between the
parties that employees mentioned in the
ANNEXURE shall not claim employment/
/re-employment or raise any demand for
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 17
25TH JULY, 2019
304
additional financial relief or claim any dues
from the management, company, associates,
successors, subsidiaries or representative
partners and will treat this as the full and
final settlement of all their demands placed
either before the management or any
authorities.
5) It has been agreed between the parties that
they will withdraw all cases filed against
the management or employees and pending
before any authorities like Labour
Commissioner,
Provident Fund, ESIC,
Factory Inspectorate, Tribunal, Courts by
submitting copy of this settlement to
appropriate authorities and making specific
request that in view of the amicable
settlement arrived they withdraw all cases
filed and pending before such authorities.
6) It has been agreed between the parties that
neither the employees mentioned in the
ANNEXURE ‘A’ nor their family members,
nor their union will obstruct/stop
management in shifting the machineries,
raw materials, finished goods in and out of
the premises of the factory or starting the
factory with new employee or outsourced
employees or contracting the entire
operation or partial operation to third party
or selling the factory itself for operation or
otherwise.
7) It has been agreed between the parties that
employees mentioned in ANNEXURE ‘A’ will
sign the document and statement or receipt
for having received the full and final
payment as per the understanding of this
Settlement and its Annexure.
8) It has been agreed between the parties that
the employees mentioned in ANNEXURE
‘A’ or their union or any relatives will not
hold Dharna/Demonstration in front of the
factory or demonstrate or stop entry and
exit of any officer of the company or
otherwise, visitor, vendor, buyer, contractor
from the factory.
9) It has been agreed between the parties that
the sum payable as per the ANNEXURE ‘A’
will be deposited in the salary account of
each employee after Tax deduction at
source along with the unclaimed amount of
paid by Cheque dated 1st August, 2017,
within seven working days of signing of
this settlement. Legal heir of the deceased
employees will produce AFFIDAVIT/
/INDEMNITY BOND and/or Succession
Certificate along with Bank Account detail
to claim the amount payable to them.
10) It has been agreed by both the parties, that
as individual disputes were raised by
employees, all employees mentioned in the
ANNEXURE ‘A’ will sign this settlement and
legal heir of the deceased employee with
proof of being the legal heir will sign this
settlement. Only when all employees sign
this settlement that day will be considered
for calculating the time for depositing the
dues in the Bank. If any employee fails to
sign this settlement, it will not be
considered as signed or accepted by both
the parties.
9. The above Memorandum of Settlement is
signed by all the 47 workmen/legal heirs along
with their representative, Shri Subhash Naik Jorge
on behalf of Party I, so also the representative of
Party II, Shri Ajay Pendharkar, Partner and Shri G.
B. Halkar, Labour Consultant on behalf of Party II.
I have gone through the terms of the settlement
filed as above, which in my view, are just and fair
and in the interest of both the Workmen/Party I as
well as Employer/Party II and hence, the same are
accepted.
10. In view of above, I pass the following:
ORDER
(i)
The reference at the instance of Workmen/
/Party I, stands disposed of in view of the
Memorandum of Settlement filed by both
the parties at Exhibit 14 colly.
(ii)
No order as to costs.
(iii)
Inform the Government accordingly.
(Vincent D’Silva),
Presiding Officer,
Industrial Tribunal and
Labour Court.
________
Notification
No. 28/2/2019-LAB/Part-III/458
The following award passed by the Industrial
Tribunal and Labour Court at Panaji-Goa on
28-06-2019 in reference No. IT/10/18 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, 15th July, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 17
25TH JULY, 2019
305
IN THE INDUSTRIAL TRIBUNAL AND
LABOUR COURT
GOVERNMENT OF GOA
AT PANAJI
(Before Mr. Vincent D’Silva, Hon’ble Presiding
Officer)
Ref. No. IT/10/18
Workmen,
Rep. by the President,
Kamgarancho Ekvott,
Gurudatt Bldg., 3rd Floor,
Dr. Dada Vaidya Road,
Panaji, Goa-403 001.
… Workmen/Party I
V/s
M/s. Pfizer Limited,
Plot No. L-137, Phase III A,
Verna Industrial Estate,
Verna, Salcete, Goa-403 722. … Employer/Party II
Workmen/Party I represented by Shri Subhash Naik
Jorge.
Employer/Party II represented by Ld. Adv. Shri G.
K. Sardessai.
AWARD
(Delivered on this the 28th day of the month
of June, of the year 2019)
By Order dated 27-6-2018, bearing No. 28/14/
/2018-LAB/412, the Government of Goa in exercise
of powers conferred by Section 10 (1)(d) of the
Industrial Disputes Act, 1947 (for short The Act),
has referred the following dispute to the Tribunal
for adjudication.
“(1) Whether the action of the management of
M/s. Pfizer Limited, Plot No. L-137, Phase-
-III-A, Verna Industrial Estate, Verna, Goa, in
not conceding the following Charter of
demands raised by the Kamgarancho Ekvott,
vide their letter dated 15-06-2015, is legal and
justified?
CHARTER OF DEMANDS
Demand No. 1: Basic Pay:
With effect from 01-04-2014, the following should
be the new revised Basic Pay:
Grade-I
Rs. 8,500/-
Grade-II
Rs. 10,500/-
Grade-III
Rs. 12,500/-
Grade-IV
Rs. 14,500/-
Grade-V
Rs. 16,500/-
Demand No. 2: Annual Increment:
Annual Increment @ 5% of the Basic Pay be paid
every year on completion of 12 months from the
date last annual increment is paid.
Demand No. 3: Seniority Increments:
With effect from 01-04-2014, Seniority Increments
be paid as follows:
(a) 4 years service
: one increment.
(b) 8 years service
: two increments.
(c) 12 years service
: three increments.
(d) 16 years service
: four increments.
(e) 20 years and above
: five increments.
Demand No. 4: Flat Rise in Basic Pay every year:
Flat rise of Rs. 2000/- per month be paid every
year on 1st April i.e.
For period 01-04-2014 to 31-03-2015 – Rs. 2000/- per
month.
For period 01-04-2015 to 31-03-2016 – additional Rs.
2000/- per month.
For period 01-04-2016 to 31-03-2017 – additional Rs.
2000/- per month.
Demand No. 5: Variable Dearness Allowance:
With effect from 01-04-2014, variable dearness
allowance at the rate of Rs. 4/- per point rise above
5000 points (Base 1960=100) be paid per month.
Neutralization for rise in price/in consumer price
index to be revised every three months.
Demand No. 6: House Rent Allowance:
With effect from 01-04-2014, 40% of the Basic Pay
per month besides/over and above existing house
rent allowance be paid.
Demand No. 7: Conveyance Allowance:
With effect from 01-04-2014, 30% of the Basic Pay
per month besides/over and above existing
conveyance allowance be paid.
Demand No. 8: Medical Allowance:
With effect from 01-04-2014, 10% of the Basic Pay
per month besides/over and above existing medical
allowance be paid.
Demand No. 9: Shift Allowance:
With effect from 01-04-2014, Rs. 75/- for working
in II shift and Rs. 100/- for working in III shift be
paid.
Demand No. 10: Pension Scheme:
50% of the last drawn gross wages be paid as
pension every month on retirement of employees.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 17
25TH JULY, 2019
306
Demand No. 11: Leave Travel Allowance:
One month gross pay be paid as Leave Travel
Allowance every year.
Demand No. 12: Overtime:
Employees asked to work beyond duty hours
shall be paid overtime wages as double the normal
gross wages.
Demand No. 13: Free Transport:
Free transport from home to place of work and
from place of work to home shall be provided by
the Company.
Demand No. 14: Free Canteen/Snacks and Tea:
Canteen facilities like food and tea and snacks
be provided free of cost.
Demand No. 15: Festival Advance:
Interest free Festival Advance of one month’s
gross wages be given, to be recovered in ten equal
installments from salary every month.
Demand No. 16: Leave Facilities/Holidays:
Privilege Leave be granted at the rate of one
day for every 11 days worked by an employee with
PL accumulation of 240 days.
Casual Leave of 15 days be granted every
calendar year.
Sick Leave of 30 days in a year with accumulation
of 240 days.
Holidays shall be 16 excluding weekly off days.
Demand No. 17: Bonus:
30% of the annual gross wages be paid every
year before Ganesh Chaturthi Festival as bonus
under this settlement.
Demand No. 18: Reimbursement of Hospitalisation
Expenses:
100% hospitalization expenses of self and family
shall be reimbursed by the Company for all ailments
requiring hospitalization. The Company may take
Group Health Insurance/Mediclaim facility for all.
Demand No. 19: Group Personal Accident
Insurance Scheme:
Group Personal Accident Insurance Scheme be
introduced to employees to cover upto an amount
of Rs. 5,00,000/-.
Demand No. 20: Rainwear:
An amount of Rs. 1,500/- be provided every year
in the month of May for purchase of rainwear to be
used during monsoons.
Demand No. 21: Ten years Service Gift:
5 gms. Tanishq gold coin be provided to
employees who complete 10 years service and
additional 5 gms. gold coin be provided for every
additional five years completed by employees.
Demand No. 22: Loan Schemes:
Interest free Personal Loan be provided to
employees for an amount of Rs. 3,00,000/-.
Interest free emergency loan be provided for an
amount of Rs. 25,000/- to meet unforeseen
emergencies.
Interest free education loan of Rs. 2,500/- per
child annually. Interest free two wheeler loan of
Rs. 40,000/- be provided to purchase two wheeler.
Demand No. 23: Period of Settlement:
Period of settlement be for period starting from
01-04-2014 and ending on 31-12-2017.
(2) If the answer to issue No. (1) above is in the
negative, then, what relief the workmen are
entitled to?”
2. Upon receipt of the reference, it was registered
as IT/10/18 and registered A/D notices were issued
to both the parties. Pursuant to service of notices,
the Party I filed a Claim Statement at Exhibit 6.
3. In short, the case of the Party I is that the
Party II is a multinational pharmaceutical company
engaged in the production of tablets at its factory
at Verna and has engaged various classes of
employees. The Party I are the workmen of Party II
and as they are not unionized, they were not getting
fair wages and conditions. The Party I initially
became the members of Gomantak Mazdoor Sangh
and submitted Charter of demands and later on
they resigned and joined Kamgarancho Ekvott and
submitted a Charter of demands dated 15-6-2015.
The said demands were referred for conciliation
along with other disputes and as there was no
possibility of settlement, the Conciliation Officer
recorded a failure and the present dispute came to
be referred to the Tribunal. Meanwhile, the Party
II entered into a wage settlement with a minority
union dated 5-5-2017 for a period of three years
from 1-4-2015 to 31-3-2018. The benefits of the said
settlement have not been extended to the Party I
union. The company has capacity to pay the wage
demands raised by Party I. It is therefore, the
reference be allowed.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 17
25TH JULY, 2019
307
4. In the course of proceedings, the parties filed
an application at Exh. 7 colly alongwith a copy of
Memorandum of Settlement dated 5-5-2017 for
passing an award in terms of the said settlement.
Both the parties have unequivocally stated that
the Party I workmen concerned in the reference
had not accepted the terms and conditions of the
settlement dated 05-05-2017 entered into between
Goa Pfizer Employees Union and the Party II for the
period from 01-04-2015 to 31-03-2018, however
concerned workmen have now agreed to accept
the terms and conditions of the settlement dated
05-05-2017 in full and final settlement of their
Charter of demands dated 15-6-2015 and agreed
not to pursue the present reference. The Party II
have also agreed to extend the terms and
conditions of the settlement dated 5-5-2017 to the
workmen represented by Party I in full and final
settlement of the Charter of demands dated
15-6-2015. The above application is signed by
representative of Party I, Shri Subhash Naik Jorge,
so also the representative of Party II, Shri Gajanan
Gawas, Manager-HR and Ld. Adv. Shri G. K. Sardesai
on behalf of Party II. I have gone through the
application dated 28-6-2019 at Exh. 7 colly along
with the Memorandum of Settlement dated
5-5-2017 filed as above, which in my view, are just
and fair and in the interest of both the Workmen/
/Party I as well as Employer/Party II and hence, the
same are accepted.
10. In view of above, I pass the following:
ORDER
(i)
The reference at the instance of Party I
stands disposed of in view of application at
Exh. 7 colly.
(ii)
Consequently, the benefits of the Settlement
dated 5-5-2017 shall be extended to the
workmen of Party I.
(iii)
No order as to costs.
(iv)
Inform the Government accordingly.
(Vincent D’Silva),
Presiding Officer,
Industrial Tribunal and
Labour Court.
Notification
No. 28/2/2019-LAB/Part-II/457
The following award settled before the Lok Adalat
at Panaji-Goa on 27-04-2019 in reference No. IT/57/16
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, 15th July, 2019.
______
LOK ADALAT
COMPROMISE MEMORANDUM IN CASES U/S
10(1) (d) OF INDUSTRIAL DISPUTES ACT, 1947
Type of cases:- Reference matter.
Case No.:- IT/57/16 Pending before Industrial
Tribunal-cum-Labour Court-I, Panaji.
Workmen
Party No. I.
V/s.
M/s. Chemtrols Industries Ltd.
Party No. II.
MAY IT PLEASE YOUR HONOUR
Dispute in brief is that the Party No. I raised the
dispute about the Charter of Demands. However,
subsequently both the parties signed a settlement
dated 22-10-2018 & accordingly present matter is
settled.
We, that is Shri Workmen Rep. by Adv. Suhas
Naik Applicant Party No. II is represented by
Shri Adv. Prasanna C. Chowdikar Respondent
alongwith our Advocates, authorize Panel/Bench
constituting Lok Adalat, in the above said matter
that we have arrived at the compromise to settle
the matter as follows:-
TERMS OF COMPROMISE
The present matter is settled by both the parties
by arriving at the amicable settlement dated
22-10-2018. The copy of memorandum of settlement
is enclosed to this terms.
We have arrived at the compromise terms
willingly before the Lok Adalat held on 27-04-2019
at 10.30 a.m. No coercion or force is applied. Today,
though it is not working day for the Court, we
request the Panel/Bench constituting the Lok
Adalat to record the compromise today only and
the aforesaid matter may be marked as settled
accordingly.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 17
25TH JULY, 2019
308
———uuu———
Department of Public Health
__
Order
No. 7/21/2018-III/PHD/878
Read: 1) Memorandum No. 7/21/2018-III/PHD
dated 09-05-2019.
On the recommendation of the Goa Public
Service Commission as conveyed vide their letter
No. COM/I/5/35(1)/2018/08 dated 03-04-2019,
Government is pleased to appoint Shri Sudesh
Nanda Gaude to the post of Assistant Professor in
Psychiatric Social Work (Group ‘A’ Gazetted) in the
Institute of Psychiatry and Human Behaviour,
Bambolim, on temporary basis in the Level 11 in
Pay Matrix (pre-revised Pay Band-3, Rs. 15600-
-39100+Grade Pay of Rs. 6600/-) with immediate
effect and as per the terms and conditions
contained in the Memorandum cited above.
Shri Sudesh Nanda Gaude shall be on probation
for a period of two years.
Shri Sudesh Nanda Gaude has been declared
medically fit by the Medical Board and his
character and antecedent has been verified at the
time of his initial appointed as Assistant Director
(Welfare of Differently Abled) in Directorate of
Social Welfare vide order No. 13/46/2011-SWD/6631
dated 15-11-2012.
The above appointment is made against the
vacancy occurred due to creation of 01 post vide
order No. 6/6/2009-III/PHD dated 12-07-2016 and
kept alive vide order No. 6/6/2018-III/PHD/2127
dated 13-07-2018.
By order and in the name of the Governor of
Goa.
Trupti B. Manerkar, Under Secretary (Health-I).
Porvorim, 11th July, 2019.
________
Order
No. 4/10/2002-II/PHD/Vol.I/925
Government is pleased to accord approval for
pay protection of basic pay of Rs. 91,400/- in respect
of Dr. Milind M. Deshpande, Associate Professor,
Department of Orthopaedic Surgery, Goa Medical
College, Bambolim subject to the conditions that
the terminal benefits, if any, obtained by him/paid
to him should be deposited in the Government
treasury alongwith interest.
This issues with the concurrence of the Finance
(Rev. & Cont.) Department vide U.O No. 1426687
dated 09-07-2019.
By order and in the name of the Governor of
Goa.
Trupti B. Manerkar, Under Secretary (Health).
Porvorim, 17th July, 2019.
________
Order
No. 13/10/2007-I/PHD(Part)/1759
In pursuance of sub-section (1) of Section 36 of
the Food Safety and Standards Act, 2006 (Central
Act 34 of 2006), read with Rule 2.1.2 of the Food
Safety and Standards Rules, 2011, and in
supersession of the Government Order No. 13/10/
/2007-I/PHD/(Part)/1097 dated 27th June, 2017,
published in the Official Gazette, Series II No. 15
dated 13-07-2017, I, Shri J. Ashok Kumar, the
Commissioner of Food Safety, hereby appoint
Shri Richard Noronha as a Designated Officer to be
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 17
25TH JULY, 2019
309
in-charge of food safety administration in the
Districts of North Goa and South Goa of the State
of Goa, with immediate effect.
J. Ashok Kumar, Commissioner (Food Safety).
Porvorim, 17th July, 2019.
———uuu———
Department of Social Welfare
Directorate of Social Welfare
__
Notification
No. 13/25/92-SWD (Vol.III)/1452
In exercise of powers conferred by Section 3 of
the Goa State Commission for Backward Classes
Act, 1993 (Act 13 of 1993), the Government of Goa
is pleased to appoint the following members on
the Goa State Commission for Backward Classes
with immediate effect.
1. Shri Vishwas Ramnath Satarkar, —Chairman.
H. No. 14, Kalajiv-Keri,
Ponda-Goa
2. Shri Rajan Falkar,
—Member.
Falwada, Kudnem, Sankhali-Goa
3. Shri Srikant Anant Chodankar,
—Member.
H. No. 1385/3, Paneri, Aldona,
Bardez-Goa
4. Shri Narhari Haldankar,
—Member.
Ex-MLA, Valpoi Constituency
5. Shri Soiru M. Komarpant,
—Member.
Govt. Junta Quarters, C-11-2,
Pajifond, Margao-Goa
The Chairman is appointed on whole time basis
and the Members are appointed on honorary/part
time basis and their salary, allowances and other
terms and conditions of service shall be governed
in terms of the provisions of Rule 3 of the Goa State
Commission for Backward Classes Rules, 1997.
Every member shall hold office for term of three
years from the date he/she resumes office.
By order and in the name of the Governor of
Goa.
Parag Nagarcenkar, Director & ex officio Joint
Secretary (Social Welfare).
Panaji, 15th July, 2019.
———uuu———
Department of Women & Child
Development
Directorate of Women & Child Development
__
Order
No. 2-103(69)-2017/DWCD/2356
The Government of Goa has decided to conduct
inquiry in misuse of powers by Ms. Lida Joao,
Chairperson, Child Welfare Committee, South Goa,
under Section 27(7) of Juvenile Justice (Care and
Protection of Children) Act, 2015.
Mr. Pravin H. Parab, Dy. Director, Child Welfare,
Directorate of Women & Child Development, is
appointed as Inquiry Officer.
The report after conducting inquiry shall be
submitted to Government on or before 30-08-2019.
By order and in the name of the Governor of
Goa.
Dipak Dessai, Director & ex officio Jt. Secretary
(Women & Child Development).
Panaji, 17th July, 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. 13.00
PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—148/160–7/2019.