Panaji, 26th September, 2019 (Asvina 4,1941)

SERIES II No. 26

397

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. 2/9/95-AGR/2019-20/Part(I)/823

On recommendation of the Departmental

Promotion Committee conveyed by the Goa Public

Service Commission vide their letter No. COM/II/

/11/2(1)/2016/164 dated 14-08-2019, Government is

pleased to promote the following Agriculture

Officers to the post of Subject Matter Specialist,

Group ‘A’ Gazetted, in Krishi Vigyan Kendra, South

under the Directorate of Agriculture on regular

basis in the pay band of PB-III Rs. 15600-39100+

Rs. 5400 Grade Pay at Level 10 of the 7th CPC pay

matrix with immediate effect:

Note:-

There is one Extraordinary issue to the Official

Gazette, Series II No. 25 dated 19-09-2019 namely,

Extraordinary dated 20-09-2019 from pages 395

to 396 regarding Notification from Department

of Elections.

1) Shri Kishore Bhave, officiating Assistant

Director of Agriculture.

2) Shri Pradeep M. Malik, officiating Assistant

Director of Agriculture.

On regular promotion they are posted as shown

below:

1) Shri Kishore Bhave, posted as Subject Matter

Specialist (Horticulture), by relieving Shri

Shriram Dhaimodkar of additional charge.

2) Shri Pradeep M. Malik, posted as Subject

Matter Specialist (Agronomy), by relieving Shri

Chandrahas N. Dessai.

The above officers shall be on probation for a

period of two years from the date of their joining.

They shall exercise option within one month

from the date of promotion to fix their pay in terms

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

By order and in the name of the Governor of

Goa.

Madhav B. Kelkar, Director & ex officio Jt.

Secretary (Agriculture).

Tonca-Caranzalem, 20th September, 2019.

________

Order

No. 2/9/95-AGR/2019-20/Part(I)/824

On recommendation of the Departmental Promotion Committee conveyed by Goa Public Service

Commission vide their letter No. COM/II/11/2(1)/2016/164 dated 14-08-2019, Government is pleased to

promote and appoint Shri Girish A. Kenkre, Agriculture Officer, Group ‘B’ Gazetted to the post of Subject

Matter Specialist on officiating basis in the pay band of PB-III Rs. 15600-39100+Rs. 5400 Grade Pay at

Level 10 of the 7th CPC pay matrix with immediate effect until further orders or till the post is filled on

regular basis whichever is earlier. He shall be posted as shown below:

Sr.

Name of the

Designation &

Place of posting on officiating

No.

Officer

Place of present

basis to the post of Subject

posting

Matter Specialist

1

2

3

4

1.

Shri Girish A. Kenkre

Agriculture Officer,

As officiating Subject Matter Specialist (Plant

District Agriculture

Protection), Krishi Vigyan Kendra, South under

Office, South

Directorate of Agriculture by relieving Shri

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

398

Rajesh Desai of his additional charge. He shall

draw his pay and allowances against the

Budget Head 2415-01-150-01-01.

The officiating promotion will not bestow on the above officer any claim for regular promotion and the

service rendered on officiating basis in the grade will not count for the purpose of seniority in that grade

for eligibility for promotion to the next higher grade.

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

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

Tonca-Caranzalem, 20th September, 2019.

________

Order

No. 2/9/95-AGR/2019-20/Part(I)/825

In order to accommodate the newly promoted officers against the post of Subject Matter Specialist at

Krishi Vigyan Kendra, South under the Directorate of Agriculture, Government is pleased to order the

transfer of the following officer presently holding the post as shown below:

Sr.

Name of the Officer

Place of posting on

No.

& Designation

transfer

1

2

3

1.

Shri Chandrahas K. Dessai,

As Assistant Director of Agriculture (Extension) in the Directorate

Subject Matter Specialist

of Agriculture in place of Shri Kishore Bhave, holding the post

(Agronomy)

on officiating basis being promoted on regular basis against the

post of Subject Matter Specialist.

Joining time and TA for the above officer will be regulated as per Transfer Rules in force.

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

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

Tonca-Caranzalem, 20th September, 2019.

________

Order

No. 2/9/95-AGR/2019-20/Part(I)/826

On recommendation of the Departmental Promotion Committee conveyed by Goa Public Service

Commission vide their letter No. COM/II/11/2(2)/2018/163 dated 14-08-2019, Government is pleased to

promote the following Assistant Agriculture Officers to the post of Agriculture Officer, Group ‘B’ Gazetted,

in the Directorate of Agriculture on regular basis in the Pay Band of Rs. 9300-34800+Rs. 4600 Grade Pay

(Level-7 of the 7th Pay Commission Matrix) with immediate effect.

1) Kum. Milan S. Gaonkar (ST).

2) Smt. Nilima Y. Gawas.

3) Kum. Gauri Subhash Prabhu Dessai.

On regular promotion, they are posted as shown below:

Sr.

Name of the

Designation &

Place of posting on regular

No.

Officer

Place of present

promotion to the post of

posting

Agriculture Officer

1

2

3

4

1.

Kum. Milan S.

Asst. Agriculture Officer, Zonal

District Agriculture Office, North, Directorate

Gaonkar (ST)

Agriculture Office, Sanguem

of Agriculture, Tonca-Caranzalem.

1

2

3

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

399

2.

Smt. Nilima Y.

Officiating Agriculture Officer,

On regular promotion to be retained as Zonal

Gawas

posted as Zonal Agriculture

Agriculture Officer, Tiswadi.

Officer, Tiswadi

3.

Kum. Gauri

Officiating Agriculture Officer,

On regular promotion to be retained as Zonal

Subhash Prabhu

posted as Zonal Agriculture

Agriculture Officer, Sanguem.

Dessai

Officer, Sanguem

The above Officers shall exercise their option within one month from the date of promotion to fix their

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

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

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

Tonca-Caranzalem, 20th September, 2019.

________

Order

No. 2/9/95-AGR/2019-20/Part(I)/827

On recommendation of the Departmental Promotion Committee conveyed by Goa Public Service

Commission vide their No. COM/II/11/2(2)/2018/163 dated 14-08-2019, Government is pleased to promote

and appoint the following Assistant Agriculture Officers, Group ‘B’ Gazetted to the post of Agriculture

Officer against the reserved category on officiating basis in the pay scale of Rs. 9300-34800+Rs. 4600

Grade Pay which is at Level-7 of the 7th Pay Commission Matrix with immediate effect until further orders

or till the posts are filled on regular basis by the respective category whichever is earlier.

Promotion on officiating basis:

Against the resultant vacancy of Subject Matter Specialist (Plant Protection) promoted on officiating basis:

1) Shri Sandesh Jiva Raut Dessai.

Against Scheduled Caste and Scheduled Tribe vacancies of Agriculture Officers:

2) Shri Vishwanath Narayan Gawas.

3) Shri Kirtiraj Naik Gaonkar.

On officiating basis they are posted as shown below:

Sr.

Name of the

Designation &

Place of posting on officiating

No.

Officer

Place of present

basis to the post of

posting

Agriculture Officer

1

2

3

4

1. Shri Sandesh

Officiating Agriculture Officer,

To be retained as officiating Zonal Agriculture

Jiva Raut Dessai

posted as Zonal Agriculture

Officer, Quepem.

Officer, Quepem

2. Shri Vishwanath

Asst. Agriculture Officer, Zonal

On officiating basis as Agriculture Officer shall

Narayan Gawas

Agriculture Office, Satari

hold the post of Agriculture Officer in District

Agriculture Office (North) under B.H 2402-00-

-001-01-01 vacated by Smt. Vaibhavi Dessai.

3. Shri Kirtiraj Naik

Asst. Agriculture Officer, Zonal

On officiating basis as Agriculture Officer shall

Gaonkar

Agriculture Office, Canacona

hold the post of Agriculture Officer in District

Agriculture Office (South) under B.H 2401-00-

-105-02-01 vacated by Kum. Gauri Subhash

Prabhu Dessai.

The officiating promotion will not bestow on the above officers any claim for regular promotion and

the service rendered on officiating basis in the grade will not count for the purpose of seniority in that

grade for eligibility for promotion to the next higher grade.

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

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

Tonca-Caranzalem, 20th September, 2019.

1

2

3

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

400

Department of Education, Art & Culture

Directorate of Higher Education

—

Certificate

No. 8/2/2014-DHE(Q)/5309

Read: Order No. 8/2/2014-DHE(Q)/5730 dated

20-02-2019.

Certified that the character and antecedents of

Ms. Shraddha Shrikant Naik (OBC) appointed to

the post of Assistant Professor in Political Science

(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, Office of the District Magistrate, North Goa

District, Panaji-Goa and nothing adverse has come

to the notice of the Government.

Prasad G. Volvoikar, Under Secretary (Higher

Education).

Porvorim, 24th September, 2019.

———u———

Directorate of Technical Education

College Section

—

Order

No. 8/1/76/GUK/PF/GCA/DTE/2019/1843

Read: Memorandum No. 8/34/86/EDN/Vol.II/833

dated 03-07-2019.

On the recommendations of the Goa Public

Service Commission conveyed vide their letter

No. COM/I/5/6(2)/2017/83 dated 29-05-2019,

Government is pleased to appoint Shri Gopal Uttam

Kudaskar on temporary basis to the post of Assistant

Professor in Fine Art (Painting) (Group ‘A’ Gazetted)

at Goa College of Art, Altinho, Panaji-Goa, on an initial

pay at Level 10 [(i.e. on an initial pay of Rs. 15,600/-

(pre-revised) in the Pay Scale of Rs. 15,600-39,100

(pre-revised) (PB-3)+Academic Grade Pay of

Rs. 6000/- (pre-revised)] w.e.f. from the date of

joining as per the terms & conditions contained in

the Memorandum cited above.

The appointment is against the post of Assistant

Professor in Fine Art (Painting) created vide order

No. 8/26/81/WET dated 02-07-1983, vacated by Shri

Mahendra M. Chodankar due to superannuation on

31-10-2016.

Shri Gopal Uttam Kudaskar will be on probation

for a period of two years.

He should join duties within 30 days of the

receipt of this order, failing which this order is liable

to be cancelled without further notice.

He has been declared fit by Medical Board, Goa

Medical College & Hospital, Bambolim vide letter

No. 4/105/85-H/GMC/2019/198 dated 23-07-2019.

His character and antecedents have been verified

and nothing adverse is reported against him as

conveyed by the Additional Collector & ADM,

North Goa, Office of the District Magistrate, North

Goa, Magisterial Branch, Collectorate Bldg., Panaji

vide letter No. 2/6/2013-MAG/VCA/3418 dated

16-09-2019.

By order and in the name of the Governor of

Goa.

Vivek B. Kamat, Director & ex officio Addl.

Secretary (Technical Education).

Porvorim, 24th September, 2019.

———uuu———

Department of Home

Home—General Division

—

Addendum

No. 24/11/2011-HD(G)/2482

Read: Order No. 24/11/2011-HD(G)/2226 dated

05-08-2019.

In the above referred order, the following para

shall be inserted after the first para:-

“The expenditure shall be debited to the Budget

Head 2014—Admn of Justice, 00, 800—Other

Expenditure, 01—Establishment of Fast Track Court

North/South (Plan), 01—Salaries (voted)”, under

Demand No. 03.

The rest of the contents of the above referred

order shall remain unchanged.

By order and in the name of the Governor of

Goa.

Nilesh K. Dhaigodkar, Under Secretary (Home).

Porvorim, 13th September, 2019.

———uuu———

Department of Industries

—

Order

No. 3/3/2018-IND/516/334

Ms. Nidhi Satija, IES, Joint Secretary (Budget),

Government of Goa shall hold additional charge of

the post of Chief Executive Officer, Goa Investment

Promotion and Facilitation Board (Goa-IPB) and

Chief Executive Officer, Start-up Promotion Cell

with immediate effect in addition to her own duties.

By order and in the name of the Governor of

Goa.

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

Porvorim, 23rd September, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

401

Order

No. 3/3/2018-IND/517/535

Government is pleased to accept the resignation

of Shri Vishal Prakash, Chief Executive Officer, Goa

Investment Promotion and Facilitation Board (Goa-

IPB) tendered by him vide letter dated 10-09-2019

and he stands relieved from the post of Chief

Executive Officer with immediate effect.

By order and in the name of the Governor of

Goa.

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

Porvorim, 23rd September, 2019.

———uuu———

Department of Information and Publicity

—

Order

No. DI/INF/ESG/IFFI/05/Part-I/2040

In pursuance of the provisions of Clause 5 of Chapter II of the Rules and Regulations of Entertainment

Society of Goa, the Government of Goa is pleased to reconstitute the General Body of the Entertainment

Society of Goa (ESG) having office at Old GMC Complex, Panaji-Goa with following composition with

immediate effect:

Sr.

Category of appointment

Composition of the General Body

No.

of Member

1

2

3

1. Chief Minister of the State (ex officio Chairperson)

Dr. Pramod Sawant, Hon’ble Chief Minister-

Chairperson.

2. Vice Chairperson

Shri Subhash Phal Dessai-Vice Chairperson.

3. Member Secretary

Chief Executive Officer of ESG.

4. 12 representatives from Government Departments

1. Chief Secretary, Goa.

including two from Departments of Government

2. Finance Secretary, Goa.

of India

3. Secretary (Information & Publicity), Goa.

4. Director (Art & Culture), Goa.

5. Director (Information & Publicity), Goa.

6. Chairman, Economic Development

Corporation.

7. Chairman, Goa Tourism Development

Corporation.

8. Shri Shubham Chodankar, Corporator, a

representative of the Corporation of City of

Panaji.

9. Shri Josua Desouza, MLA Mapusa.

10. Smt. Alina Saldanha, MLA Cortalim.

11. Nominee-To be appointed by Government

of India.

12. Nominee-To be appointed by Government

of India.

5. 03 persons from other similar Societies or

1. Shri Pravin Zantye.

autonomous bodies

2. Shri Purnanand Chari.

3. Dr. Rajay Pawar.

6. 03 persons having proven track record in the

1. Shri Sharmad Raiturkar.

field of films

2. Shri Dhyaneshwar Moghe.

3. Shri Shiva Baba Naik.

7. 03 eminent persons in the field of entertainment

1. Shri Sanjay Shetye.

2. Shri Devidas Amonkar.

3. Shri Abhay Jog.

8. 05 persons who in the view of the Government is

1. Shri Sushant Khedekar.

worthy of helping Society to realize its objectives

2. Shri Shantaram Kundaikar.

3. Shri Raju Nayak.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

402

4. Shri Ramrao Wagh.

5. Shri William D’Costa.

The General Body of the Entertainment Society of Goa shall exercise the powers and functions as

specified under the Rules and Regulations of the Entertainment Society of Goa and also as per the

mandate provided by the State Government/ESG from time to time.

The tenure of the General Body shall be for a period of three years from the date of issue of this order.

The Chairperson, Member Secretary and Members will be eligible for re-appointment. However, the State

Government shall have the authority to terminate the membership of any member including the Member

Secretary at any time.

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

Meghana Shetgaonkar, Director & ex officio Jt. Secretary (Information and Publicity).

Panaji, 19th September, 2019.

________

Order

No. DI/INF/ESG/IFFI/05/Part-I/2041

In pursuance of the provisions of Clause 6 of Chapter II of the Rules and Regulations of Entertainment

Society of Goa, the Government of Goa is pleased to reconstitute the Governing Body/Executive Council

of the Entertainment Society of Goa (ESG) having office at Old GMC Complex, Panaji-Goa with following

composition with immediate effect:

Sr.

Category of appointment

Composition of the Executive Body

No.

of Member

1

2

3

1. Chairperson of the Executive Council

Shri Subhash Phal Dessai, Chairperson.

2. Member Secretary of Executive Council

Chief Executive Officer of ESG, ex officio

(ex officio Member Secretary)

Member Secretary.

3. 05 representatives from amongst official members

1. Chief Secretary, Goa.

of the General Body

2. Finance Secretary, Goa.

3. Secretary (Information & Publicity), Goa.

4. Director (Art & Culture), Goa.

5. Director (Information & Publicity), Goa.

4. 04 non-official members from amongst the non-

1. Shri Sushant Khedekar.

official members of the General Body

2. Shri Shantaram Kundaikar.

3. Shri Shiva Baba Naik.

4. Shri Sharmad Raiturkar.

5. 06 Special Invitees

1. Shri Pravin Zantye.

2. Shri William Costa.

3. Shri Dhyaneshwar Moghe.

4. Shri Abhay Jog.

5. Shri Raju Nayak.

6. Shri Ramrao Wagh.

The Executive Council of the Entertainment Society of Goa shall exercise the powers and functions

as specified under the Rules and Regulations of the Entertainment Society of Goa and also as per the

mandate provided by the State Government/ESG from time to time.

The tenure of the Executive Council shall be for a period of three years from the date of issue of this

order. The Chairperson, Member Secretary and Members will be eligible for re-appointment. However, the

State Government shall have the authority to terminate the membership of any member including the

Member Secretary at any time.

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

Meghana Shetgaonkar, Director & ex officio Jt. Secretary (Information and Publicity).

Panaji, 19th September, 2019.

1

2

3

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

403

Department of Labour

—

Notification

No. 28/2/2019-LAB/553

The following Interim award passed by the

Industrial Tribunal and Labour Court, at Panaji-Goa

on 23-07-2019 in reference No. IT/18/17 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, 17th September, 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/18/17

Workmen,

Rep. by the General Secretary,

Gomantak Mazdoor Sangh,

G-5, Macedo Apartments,

Tisk, Ponda, Goa-403 401.

…

Workmen/Party I

V/s

1. M/s. Orchid Biomedical System,

Division of Tulip Diagnostics (P) Ltd.,

Verna Industrial Estate, Verna,

Salcete, Goa-403 722

.… Employer/Party II(1)

2. Goa Trade & Commercial Workers Union,

Velho’s Bldg., 2nd Floor,

Panaji, Goa-403 001.

… Workmen/Party II(2)

Workmen/Party I represented by Shri P. Gaonkar

along with Ld. Adv. Shri S. P. Gaonkar.

Employer/Party II(1) represented by Ld. Adv. Shri

M. S. Bandodkar.

Workmen/Party II(2) represented by Ld. Adv. Shri

Suhaas Naik.

INTERIM AWARD

(Delivered on this the 23rd day of the month

of July, of the year 2019).

This Order shall dispose of the application at

Exh. 8 filed by the Party I for interim relief.

2. Briefly stated, the case of the Party I is as

follows:

That the current wages of the workmen involved

in the present reference are meager and not

sufficient for day-to-day needs of average family as

seen from the wage slips produced along with the

claim statement. The cost of living and so also the

consumer price index have been rising

exponentially over the last years; however, the

wages have not increased commensurate to the

rise in the consumer price index. The current wage

structure does not provide for any increase in

relation to the increase in the cost of living index.

There is no variable dearness allowance being paid

to the workers. Whenever there is an increase in

the cost of living, the workers are entitled to an

increase in the salary so that the inflation does not

cut into their purchasing power. Balance of

convenience lies in favour of workmen since the

wages are in serious need of revision. The employer

had already thought it convenient to negotiate

with a particular handpicked union and entered

into an unfair settlement by ignoring the workers

concerned in the reference whose wages remained

stagnant. If the interim increase is not granted, the

financial difficulties faced by the workmen would

continue and would result in their economic

deprivation and therefore to avoid any cascading

effect on the lives of the workmen, the financial

deprivation must be temporarily put to an halt. No

prejudice would be caused to the employer, if the

application is allowed as they are liable to pay

wages commensurate to the cost of living reflecting

the ever rising inflation and therefore a sum of

Rs. 6500/- as interim increase in wages per workman

be allowed.

3. The Party II(1) filed a reply inter-alia contention

that the application is bad in law and not

maintainable and filed by a section of workers

which would amount to discrimination between

the workers. The Party I workers did not come with

clean hands as the Party I are representing some

of the workers without specifying which workers

are required to be paid. The company is having

majority union known as Goa Trade & Commercial

Workers Union and has signed comprehensive

settlement dated 9-8-2017 on the Charter of

demands dated 22-2-2017 under Section 2(p) read

with Section 18(1) of the Act and offered benefits

to the minority union and some of the members of

the said union accepted the settlement but the

Party I have not accepted the settlement and have

not been giving the productivity as agreed in the

said settlement. There is no justification given for

interim relief of Rs. 6500/- per month. The union

has no locus standi to file the application for

interim relief. The Party II have given substantial

rise to all the workers who have signed the

settlement and the Party I have refused to accept

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

404

the benefits of the said settlement and therefore

there is no scope for asking for interim relief. No

case has been made out by Party I for grant of the

application. No prejudice would be caused to Party

I and therefore the application be dismissed.

4. Heard arguments. Notes of Written arguments

came to be placed on record by Party I as well as

Party II(1).

5. Learned Adv. Shri S. P. Gaonkar for Party I has

submitted that the current wages of the workmen

involved in the present reference are meager and

not sufficient for day-to-day needs of an average

family as seen from the wage slips. The inflation

reduces the real value of Rupee and said factors

along with rising Consumer Price Index have to be

considered. The real value of the workmen’s salary

in 2018 is Rs. 16,890/- and therefore in real value

terms the increase is mere Rs. 1850/- for the year

2018 to 2019, Rs. 1850/- for 2019 to 2020 and

Rs. 2150/- from April, 2020 to September, 2020 and

that is the future increase of Rs. 5850/- on September,

2020 and therefore the salary which is currently

around Rs. 19,000/- would increase to Rs. 24,850/-

which clearly shows that the purchasing power of

the pay package will go on reducing in coming

future even if the rate of inflation does not increase.

The cost of living so also consumer price index has

been rising exponentially over the last years,

however the wages have not increased. The current

wage structure does not provide for any increase

in relation to the increase in the cost of living

index. There are no variable dearness allowances

being paid to the workers. He further submitted

that the Apex Court in the case of Hindustan Lever

Ltd. vs. B. N. Dongre, (1994) 6 SCC 157 has

observed that if the rise in the pay packet does not

keep pace with the rise in prices of essentials, the

purchasing power of the pay packet falls reducing

the real wages leaving the workers and their

families worse off and therefore, if on account of

inflation, prices rise while the pay packet remains

frozen, the real wages will fall sharply. He further

submitted that the balance of convenience for

grant of interim increase lies in favour of the

workmen since their wages are in serious need of

revision. The employer has already thought it

convenient to negotiate only with a particular

handpicked union and entered into unfair

settlement and if interim increase is not granted,

the financial difficulties faced by the workmen

would continue and result in economic deprivation.

No prejudice would cause to the employer since it

is its duty to treat all the workmen fairly and

reasonably and therefore the application be

allowed.

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

Party II(1) has submitted that the Court can pass

interim award only as per Section 2(b) of the Act

and an interim award can be granted only on the

basis of subject matter of reference and in support

thereof, he relied upon the case of Maharashtra

Girls Education Society, Pune vs. Maharashtra

Karmachari Sanghatana, Pune, (2018) III CLR 601.

He further submitted that the Party II(1) and Party

II(2) have signed a settlement with vast majority of

workers on their Charter of demands on 22-2-2017

and the said settlement has been signed on

9-8-2017 and accepted by the majority of members

of union without any exception by all the

establishments of Party II(1) and that the said

settlement is fair and reasonable and the settlement

signed by the majority has to be accepted by the

minority. The Party I have not accepted the

settlement and that they are not giving the

productivity as agreed as per clause 19 of the

settlement and therefore not entitled for any interim

reliefs. In support thereof, he relied upon the cases

of Tata Engineering and Locomotive Co. Ltd. vs.

Their workmen, Civil Appeal No. 1484 of 1971

dated 16-10-1981.

7. It is well settled that the Tribunal has powers

to grant interim reliefs in terms of expression

‘incidental thereto’ occurring in Section 10(4) of

Industrial Disputes Act as held in the case of

Management Hotel Imperial, New Delhi and

others vs. Hotel Workers Union, 1960 (1) SCR

476. It is also well established that merely because

Court is vested with the powers of granting interim

relief in an application under Section 2-A(2) of the

Industrial Disputes Act, the same would not relieve

Party I from establishing the three preconditions

required for seeking such a relief as pointed out in

the judgment in the case of Mahindra & Mahindra

Limited vs. Dwarkanath Babaji Dalvi & Anr., 2006

I CLR 902. The Hon’ble High Court of Calcutta in

Webel Nicco Electronics Ltd. vs. Anima Roy,

1997(II) CLR 158, has laid down the parameters for

grant of interim relief by the Industrial Tribunal.

These parameters are (a) prima facie case and (b)

balance of convenience.

8. The following points therefore arise for my

determinations which are mentioned along with

their findings and reasons thereof.

Points

Findings

1. Whether the Party I have made

In the

out a prima facie case for

Negative

grant of relief claimed?

2. Whether irreparable loss and

In the

inconvenience would cause to

Negative

Party I in case of non grant of

relief claimed?

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405

POINT 1

9. The present reference is for the Charter of

demands raised by the Union vide letter dated

28-11-2016 against the management of M/s. Orchid

Biomedical System, a division of Tulip Diagnostic

Ltd., Verna Industrial Estate, Verna. There is no

dispute that the company has signed five

settlements i.e. dated 23-02-2008, 24-01-2011,

22-05-2014, 10-06-2014 and 09-08-2017. In all the

settlements, the Party II has given substantial

benefits to all workmen and settlement dated

22-05-2014 has been accepted by Gomantak

Mazdoor Sangh in toto without making any

allegation. There is also no dispute that 2/3rd of

the workmen have accepted the settlement dated

09-08-2017 for the period from 01-04-2017 to

30-09-2020. The said settlement signed by the

parties is a comprehensive settlement on the

Charter of demands dated 22-2-2017 which was

signed on 09-08-2017 and accepted by majority

members of union by all the establishment of Party

II and the said settlement has been offered to all

the members of the Party I and some of them have

accepted the said settlement.

10. Curiously enough, it is not known how many

of the workmen of Party I have raised the present

dispute and how many of them have been

challenging the said settlement dated 09-08-2017

to be unfair, malafide, unreasonable and against

the interest of the workmen. It is also not known

nor statement of claim filed on behalf of the Party

I workmen show that they are challenging the

settlement dated 09-08-2017 entered into by

majority union and the Party II. The Party I have

also not specified on whose behalf the demands

have been raised or whether the said persons are

the members of the union nor any list of workmen

have been filed nor any resolution seeking to raise

demand on the management has been produced

nor filed any affidavit in support of its case. The

fact remains that the Party I workmen have not

accepted the settlement nor they are giving the

productivity as agreed as per clause 19 of the

settlement. The settlement has been arrived by

vast majority of the concerned workers with their

eyes open and also accepted by them in its totality,

which fact cannot be ignored by the Tribunal as

when a recognised union negotiates with the

employees, it is expected to protect the best

interest of the workers. There are also no allegations

of malafide, fraud, corruption or other inducement

with respect to the settlement arrived at by the

parties and in the absence of the said allegations,

it cannot be said that the said settlement is unfair

or arbitrary as claimed by Party I in the application

for interim relief nor Party I workers who are in

minority have established the case for grant of any

reliefs at this stage.

11. Moreover, the terms of said settlement cannot

be considered to be in any way ex-facie, unjust or

unfair in the absence of challenge to the same as

settlement of labour dispute by direct negotiation

and collective bargaining is always to be preferred

for it is the best guarantee of industrial peace and

harmony between the employer and the workmen.

The Party II(1) and Party II(2) have signed a

comprehensive settlement arising out of the

Charter of demands dated 22-2-2017 covering all

the demands of Party I, which ensures industrial

peace and merely because some of the employees

do not agree to the terms of the settlement entered

into between the majority union and the employer,

they cannot be permitted to contend that it was

negotiated with a hand-picked union or that it

was an unfair settlement. No such case has been

even alleged by the Party I union, much less made

out by the Party I in the dispute raised by them

before the appropriate authority or in the claim

statement or in the application for interim relief.

The claim of Party I that the increase in the

consumer price index, justifies an upward revision

in wages, is not sufficient as by that fact alone, it

is not possible to draw an inference that the wages

paid is wholly inadequate to meet day to day

expenses, in the absence of any evidence to that

effect.

12. It requires a mention here that all the

establishments of Party II do not work separately

as seen from the Balance Sheet which is in the

name of Tulip Diagnostics Pvt. Ltd. The

establishments as mentioned by the Party I as

divisions are not financially independent but they

are of the one company viz. Tulip Diagnostics Pvt.

Ltd. who has signed the settlements along with all

its establishments and are part and parcel of the

same company and therefore as rightly pointed

out by Ld. Adv. M. S. Bandodkar, the demands raised

by the Party I purporting to be on the division of

Tulip Diagnostics Pvt. Ltd. is bad in law and the

firms viz. Orchids Biomedical Systems, Qualpro

Diagnostics, Zephyr Biomedical and Coral Clinical

System who were partnership concerns were merged

into Tulip Diagnostics Pvt. Ltd. on 30-1-2017 and

therefore from 31-1-2017 there are no divisions but

only one company known as Tulip Diagnostics Pvt.

Ltd. Moreover, the local committee of the union

and all other workers have signed and accepted

the settlement dated 4-12-2013 with Tulip

Diagnostics Pvt. Ltd. and not any division of the

said company and have not raised any issue about

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SERIES II No. 26

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406

the same with the company at any time and as

such, the Party I Union cannot claim that the Party

II(1) is a division of Tulip Diagnostics Pvt. Ltd. and

therefore the claim of the Party I is incapable of

being adjudicated and hence, prima facie no relief

as been claimed can be granted.

13. Moreover, there are no facts and figures

available on record justifying grant of upward wage

revision including granting additional basic pay

and other emoluments. There is no evidence before

the Tribunal in support of the case of Party I that

they are entitled for a sum of Rs. 6500/- as interim

increase in wages per workman per month nor

they have filed an application before the Tribunal

for an opportunity to lead evidence. The Party II(1)

have raised an issue of jurisdiction and

maintainability before grant of interim relief in the

matter which requires evidence before deciding

the said issue. There also cannot be any dispute

that the Party I have accepted the settlement dated

10-06-2014 and as per clause (e) the parties have

agreed that during the operative period of the

settlement, the union/workmen shall not raise,

pursue/agitate any other demands of whatsoever

nature entailing additional financial or

administrative impact other than what has been

agreed in terms of the said settlement. The Party

I raised the Charter of demands giving a goby to

the settlement dated 10-06-2014 as in view of the

said terms and conditions of the settlement, they

were precluded from raising any financial demand

till new settlement is signed in accordance with

law. It is therefore as rightly submitted by Ld. Adv.

M. S. Bandodkar in view of the said clause of the

settlement, the Party I cannot make an application

for interim relief. Moreover, there are no materials

on record on financial position of the company,

industry cum region, paying capacity and

comparable concern. The settlements which have

been relied upon by the Party I are in no way

comparable to the company nor there is anything

on record as to how those settlements can be

compared with one establishment of the company

and therefore the wage structure as sought by the

Party I cannot be altered.

14. There are also no materials about the

necessities of the workmen, the justification of their

demands for living wage or fair wage and the

extent thereof in the claim statement as well as

application for interim relief. In short, the claim of

Rs. 6500/- as interim increase in wages per workman

by Party I workmen would put an obligation on

Party II to pay increase in wages to Party I workmen

without any obligation on the part of the workmen

to increase in productivity, which would be

discriminatory and would disturb industrial peace

and therefore would not be desirable state of

affairs, which is required to be protected to avoid

friction and unhealthy litigation. There are

absolutely no justifiable reasons given by the Party

I as to how they are entitled for said increase in

wages. Merely, claiming that the current wages of

the workmen is not sufficient for day-to-day needs

of the family and that the cost of living, so also the

consumer price index has been rising exponentially

over the last years is not sufficient. Prima facie

therefore, the Party I has failed to show any case

in its favour. It is therefore, the point No. 1 is

answered in the negative.

POINT 2

15. It is claimed by Party I workmen that the

balance of convenience for grant of interim relief

is in favour of Party I workmen since their wages

are in serious need of revision and that the inflation

has cut into their purchasing power. It is also

claimed that the workers involved in the reference

has been ignored and their wages remained

stagnant and if their interim increase is not

granted, the workers will face financial difficulties,

resulting in economic deprivation and that no

prejudice would cause to the employer, if the

present application is allowed. However, as rightly

pointed out by Ld. Adv. Shri Bandodkar there is no

change in circumstances to warrant the Charter of

demands dated 4-12-2013 for revision in wages for

2017 when the settlement dated 10-06-2014 signed

by the workers and the management revised the

wages till 31-3-2017. Moreover, the workers have

refused to give extra productivity which was one

of the reasons for increase in wages in 2017

settlement and since the minority union has refused

to sign the settlement dated 09-08-2017 and give

more productivity as agreed by the majority union,

balance of convenience cannot be said to be in

favour of the Party I workmen. No irreparable loss

would occasion to the Party I workmen as they

derive benefits of the settlement dated 10-06-2014

which has revised the wages from 1-1-2013 to

31-3-2017 and unless they accept the settlement

and give extra productivity as per the new

settlement, irreparable loss would occasion to the

Party II(1). There would be also discrimination and

industrial unrest, if the demand of interim increase

in wages of Rs. 6500/- is granted to the Party I

workmen without accepting the settlement and

giving productivity as is being done by the majority

union in terms of the settlement dated 09-08-2017.

No irreparable loss would cause to Party I workmen

if reliefs are not granted at this stage as their

charter of demands are pending for final

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407

determination on merits. It is therefore the above

point No. 2 is answered accordingly.

16. Having said so, I pass the following:

ORDER

(i) The application filed by Party I for interim

relief at Exhibit 8 stands dismissed.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/2/2019-LAB/Part-II/554

The following Interim award passed by the

Industrial Tribunal and Labour Court, at Panaji-Goa

on 23-07-2019 in reference No. IT/03/18 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, 17th September, 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/03/18

Workmen,

Rep. by the General Secretary,

Gomantak Mazdoor Sangh,

G-5, Macedo Apartments,

Tisk, Ponda, Goa-403 401.

…

Workmen/Party I

V/s

1. M/s. Zephyr Biomedicals,

Division of Tulip Diagnostics (P) Ltd.,

Verna Industrial Estate, Verna,

Salcete, Goa-403 722.

.… Employer/Party II(1)

2. Goa Trade & Commercial Workers Union,

Velho’s Bldg., 2nd Floor,

Panaji, Goa-403 001.

… Workmen/Party II(2)

Workmen/Party I represented by Shri P. Gaonkar

along with Ld. Adv. Shri S. P. Gaonkar.

Employer/Party II(1) represented by Ld. Adv. Shri

M. S. Bandodkar.

Workmen/Party II(2) represented by Ld. Adv. Shri

Suhaas Naik.

INTERIM AWARD

(Delivered on this the 23rd day of the month

of July, of the year 2019).

This Order shall dispose of the application at

Exh. 9 filed by the Party I for interim relief.

2. Briefly stated, the case of the Party I is as

follows:

That the current wages of the workmen involved

in the present reference are meager and not

sufficient for day-to-day needs of average family as

seen from the wage slips produced along with the

claim statement. The cost of living and so also the

consumer price index have been rising

exponentially over the last years; however, the

wages have not increased commensurate to the

rise in the consumer price index. The current wage

structure does not provide for any increase in

relation to the increase in the cost of living index.

There is no variable dearness allowance being paid

to the workers. Whenever there is an increase in

the cost of living, the workers are entitled to an

increase in the salary so that the inflation does not

cut into their purchasing power. Balance of

convenience lies in favour of workmen since the

wages are in serious need of revision. The employer

had already thought it convenient to negotiate

with a particular handpicked union and entered

into an unfair settlement by ignoring the workers

concerned in the reference whose wages remained

stagnant. If the interim increase is not granted, the

financial difficulties faced by the workmen would

continue and would result in their economic

deprivation and therefore to avoid any cascading

effect on the lives of the workmen, the financial

deprivation must be temporarily put to an halt. No

prejudice would be caused to the employer, if the

application is allowed as they are liable to pay

wages commensurate to the cost of living reflecting

the ever rising inflation and therefore a sum of

Rs. 6500/- as interim increase in wages per workman

be allowed.

3. The Party II(1) filed a reply inter-alia contention

that the application is bad in law and not

maintainable and filed by a section of workers

which would amount to discrimination between

the workers. The Party I workers did not come with

clean hands as the Party I are representing some

of the workers without specifying which workers

are required to be paid. The company is having

majority union known as Goa Trade & Commercial

Workers Union and has signed comprehensive

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408

Settlement dated 9-8-2017 on the Charter of

demands dated 22-2-2017 under Section 2(p) read

with Section 18(1) of the Act and offered benefits

to the minority union and some of the members of

the said union accepted the settlement but the

Party I have not accepted the settlement and have

not been giving the productivity as agreed in the

said settlement. There is no justification given for

interim relief of Rs. 6500/- per month. The union

has no locus standi to file the application for

interim relief. The Party II have given substantial

rise to all the workers who have signed the

settlement and the Party I have refused to accept

the benefits of the said settlement and therefore

there is no scope for asking for interim relief. No

case has been made out by Party I for grant of the

application. No prejudice would be caused to Party

I and therefore the application be dismissed.

4. Heard arguments. Notes of Written arguments

came to be placed on record by Party I as well as

Party II(1).

5. Learned Adv. Shri S. P. Gaonkar for Party I has

submitted that the current wages of the workmen

involved in the present reference are meager and

not sufficient for day-to-day needs of an average

family as seen from the wage slips. The inflation

reduces the real value of Rupee and said factors

along with rising Consumer Price Index have to be

considered. The real value of the workmen’s salary

in 2018 is Rs. 16,890/- and therefore in real value

terms the increase is mere Rs. 1850/- for the year

2018 to 2019, Rs. 1850/- for 2019 to 2020 and

Rs. 2150/- from April, 2020 to September, 2020 and

that is the future increase of Rs. 5850/- on September,

2020 and therefore the salary which is currently

around Rs. 19,000/- would increase to Rs. 24,850/-

which clearly shows that the purchasing power of

the pay package will go on reducing in coming

future even if the rate of inflation does not increase.

The cost of living so also consumer price index has

been rising exponentially over the last years,

however the wages have not increased. The current

wage structure does not provide for any increase

in relation to the increase in the cost of living

index. There are no variable dearness allowances

being paid to the workers. He further submitted

that the Apex Court in the case of Hindustan Lever

Ltd. vs. B. N. Dongre, (1994) 6 SCC 157 has

observed that if the rise in the pay packet does not

keep pace with the rise in prices of essentials, the

purchasing power of the pay packet falls reducing

the real wages leaving the workers and their

families worse off and therefore, if on account of

inflation, prices rise while the pay packet remains

frozen, the real wages will fall sharply. He further

submitted that the balance of convenience for

grant of interim increase lies in favour of the

workmen since their wages are in serious need of

revision. The employer has already thought it

convenient to negotiate only with a particular

handpicked union and entered into unfair

settlement and if interim increase is not granted,

the financial difficulties faced by the workmen

would continue and result in economic deprivation.

No prejudice would cause to the employer since it

is its duty to treat all the workmen fairly and

reasonably and therefore the application be

allowed.

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

Party II(1) has submitted that the Court can pass

interim award only as per Section 2(b) of the Act

and an interim award can be granted only on the

basis of subject matter of reference and in support

thereof, he relied upon the case of Maharashtra

Girls Education Society, Pune vs. Maharashtra

Karmachari Sanghatana, Pune, (2018) III CLR 601.

He further submitted that the Party II(1) and Party

II(2) have signed a settlement with vast majority of

workers on their Charter of demands on 22-2-2017

and the said settlement has been signed on

9-8-2017 and accepted by the majority of members

of union without any exception by all the

establishments of Party II(1) and that the said

settlement is fair and reasonable and the settlement

signed by the majority has to be accepted by the

minority. The Party I have not accepted the

settlement and that they are not giving the

productivity as agreed as per clause 19 of the

settlement and therefore not entitled for any interim

reliefs. In support thereof, he relied upon the cases

of Tata Engineering and Locomotive Co. Ltd. vs.

Their workmen, Civil Appeal No. 1484 of 1971

dated 16-10-1981.

7. It is well settled that the Tribunal has powers

to grant interim reliefs in terms of expression

‘incidental thereto’ occurring in Section 10(4) of

Industrial Disputes Act as held in the case of

Management Hotel Imperial, New Delhi and

others vs. Hotel Workers Union, 1960 (1) SCR

476. It is also well established that merely because

Court is vested with the powers of granting interim

relief in an application under Section 2-A(2) of the

Industrial Disputes Act, the same would not relieve

Party I from establishing the three preconditions

required for seeking such a relief as pointed out in

the judgment in the case of Mahindra & Mahindra

Limited vs. Dwarkanath Babaji Dalvi & Anr., 2006

I CLR 902. The Hon’ble High Court of Calcutta in

Webel Nicco Electronics Ltd. vs. Anima Roy,

1997(II) CLR 158, has laid down the parameters for

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SERIES II No. 26

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409

grant of interim relief by the Industrial Tribunal.

These parameters are (a) prima facie case and (b)

balance of convenience.

8. The following points therefore arise for my

determinations which are mentioned along with

their findings and reasons thereof.

Points

Findings

1. Whether the Party I have made

In the

out a prima facie case for grant

Negative

of relief claimed?

2. Whether irreparable loss and

In the

inconvenience would cause to

Negative

Party I in case of non grant of

relief claimed?

POINT 1

9. The present reference is for the Charter of

demands raised by the Union vide letter dated

28-11-2016 against the management of M/s. Zephyr

Biomedicals, a division of Tulip Diagnostic Ltd.,

Verna Industrial Estate, Verna. There is no dispute

that the company has signed five settlements i.e.

dated 23-02-2008, 24-01-2011, 22-05-2014, 10-06-2014

and 09-08-2017. In all the settlements, the Party II

has given substantial benefits to all workmen and

settlement dated 22-05-2014 has been accepted by

Gomantak Mazdoor Sangh in toto without making

any allegation. There is also no dispute that 2/3rd

of the workmen have accepted the Settlement

dated 09-08-2017 for the period from 01-04-2017 to

30-09-2020. The said settlement signed by the

parties is a comprehensive settlement on the

Charter of demands dated 22-2-2017 which was

signed on 09-08-2017 and accepted by majority

members of union by all the establishment of Party

II and the said settlement has been offered to all

the members of the Party I and some of them have

accepted the said settlement.

10. Curiously enough, it is not known how many

of the workmen of Party I have raised the present

dispute and how many of them have been

challenging the said Settlement dated 09-08-2017

to be unfair, malafide, unreasonable and against

the interest of the workmen. It is also not known

nor statement of claim filed on behalf of the Party

I workmen show that they are challenging the

Settlement dated 09-08-2017 entered into by

majority union and the Party II. The Party I have

also not specified on whose behalf the demands

have been raised or whether the said persons are

the members of the union nor any list of workmen

have been filed nor any resolution seeking to raise

demand on the management has been produced

nor filed any affidavit in support of its case. The

fact remains that the Party I workmen have not

accepted the settlement nor they are giving the

productivity as agreed as per clause 19 of the

settlement. The settlement has been arrived by

vast majority of the concerned workers with their

eyes open and also accepted by them in its totality,

which fact cannot be ignored by the Tribunal as

when a recognised union negotiates with the

employees, it is expected to protect the best

interest of the workers. There are also no allegations

of malafide, fraud, corruption or other inducement

with respect to the settlement arrived at by the

parties and in the absence of the said allegations,

it cannot be said that the said settlement is unfair

or arbitrary as claimed by Party I in the application

for interim relief nor Party I workers who are in

minority have established the case for grant of any

reliefs at this stage.

11. Moreover, the terms of said settlement cannot

be considered to be in any way ex-facie, unjust or

unfair in the absence of challenge to the same as

settlement of labour dispute by direct negotiation

and collective bargaining is always to be preferred

for it is the best guarantee of industrial peace and

harmony between the employer and the workmen.

The Party II(1) and Party II(2) have signed a

comprehensive settlement arising out of the

Charter of demands dated 22-2-2017 covering all

the demands of Party I, which ensures industrial

peace and merely because some of the employees

do not agree to the terms of the settlement entered

into between the majority union and the employer,

they cannot be permitted to contend that it was

negotiated with a hand-picked union or that it

was an unfair settlement. No such case has been

even alleged by the Party I union, much less made

out by the Party I in the dispute raised by them

before the appropriate authority or in the claim

statement or in the application for interim relief.

The claim of Party I that the increase in the

consumer price index, justifies an upward revision

in wages, is not sufficient as by that fact alone, it

is not possible to draw an inference that the wages

paid is wholly inadequate to meet day to day

expenses, in the absence of any evidence to that

effect.

12. It requires a mention here that all the

establishments of Party II do not work separately

as seen from the Balance Sheet which is in the

name of Tulip Diagnostics Pvt. Ltd. The

establishments as mentioned by the Party I as

divisions are not financially independent but they

are of the one company viz. Tulip Diagnostics Pvt.

Ltd. who has signed the settlements along with all

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

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410

its establishments and are part and parcel of the

same company and therefore as rightly pointed

out by Ld. Adv. M. S. Bandodkar, the demands raised

by the Party I purporting to be on the division of

Tulip Diagnostics Pvt. Ltd. is bad in law and the

firms viz. Orchids Biomedical Systems, Qualpro

Diagnostics, Zephyr Biomedical and Coral Clinical

System who were partnership concerns were

merged into Tulip Diagnostics Pvt. Ltd. on 30-1-2017

and therefore from 31-1-2017 there are no divisions

but only one company known as Tulip Diagnostics

Pvt. Ltd. Moreover, the local committee of the union

and all other workers have signed and accepted

the Settlement dated 4-12-2013 with Tulip

Diagnostics Pvt. Ltd. and not any division of the

said company and have not raised any issue about

the same with the company at any time and as

such, the Party I Union cannot claim that the Party

II(1) is a division of Tulip Diagnostics Pvt. Ltd. and

therefore the claim of the Party I is incapable of

being adjudicated and hence, prima facie no relief

as been claimed can be granted.

13. Moreover, there are no facts and figures

available on record justifying grant of upward wage

revision including granting additional basic pay

and other emoluments. There is no evidence before

the Tribunal in support of the case of Party I that

they are entitled for a sum of Rs. 6500/- as interim

increase in wages per workman per month nor

they have filed an application before the Tribunal

for an opportunity to lead evidence. The Party II(1)

have raised an issue of jurisdiction and

maintainability before grant of interim relief in the

matter which requires evidence before deciding

the said issue. There also cannot be any dispute

that the Party I have accepted the Settlement dated

10-06-2014 and as per clause (e) the parties have

agreed that during the operative period of the

settlement, the union/workmen shall not raise,

pursue/agitate any other demands of whatsoever

nature entailing additional financial or

administrative impact other than what has been

agreed in terms of the said settlement. The Party

I raised the Charter of demands giving a goby to

the Settlement dated 10-06-2014 as in view of the

said terms and conditions of the settlement, they

were precluded from raising any financial demand

till new settlement is signed in accordance with

law. It is therefore as rightly submitted by Ld. Adv.

M. S. Bandodkar in view of the said clause of the

settlement, the Party I cannot make an application

for interim relief. Moreover, there are no materials

on record on financial position of the company,

industry cum region, paying capacity and

comparable concern. The settlements which have

been relied upon by the Party I are in no way

comparable to the company nor there is anything

on record as to how those settlements can be

compared with one establishment of the company

and therefore the wage structure as sought by the

Party I cannot be altered.

14. There are also no materials about the

necessities of the workmen, the justification of their

demands for living wage or fair wage and the

extent thereof in the claim statement as well as

application for interim relief. In short, the claim of

Rs. 6500/- as interim increase in wages per workman

by Party I workmen would put an obligation on

Party II to pay increase in wages to Party I workmen

without any obligation on the part of the workmen

to increase in productivity, which would be

discriminatory and would disturb industrial peace

and therefore would not be desirable state of

affairs, which is required to be protected to avoid

friction and unhealthy litigation. There are

absolutely no justifiable reasons given by the Party

I as to how they are entitled for said increase in

wages. Merely, claiming that the current wages of

the workmen is not sufficient for day-to-day needs

of the family and that the cost of living, so also the

consumer price index has been rising exponentially

over the last years is not sufficient. Prima facie

therefore, the Party I has failed to show any case

in its favour. It is therefore, the point No. 1 is

answered in the negative.

POINT 2

15. It is claimed by Party I workmen that the

balance of convenience for grant of interim relief

is in favour of Party I workmen since their wages

are in serious need of revision and that the inflation

has cut into their purchasing power. It is also

claimed that the workers involved in the reference

has been ignored and their wages remained

stagnant and if their interim increase is not

granted, the workers will face financial difficulties,

resulting in economic deprivation and that no

prejudice would cause to the employer, if the

present application is allowed. However, as rightly

pointed out by Ld. Adv. Shri Bandodkar there is no

change in circumstances to warrant the Charter of

demands dated 4-12-2013 for revision in wages for

2017 when the settlement dated 10-06-2014 signed

by the workers and the management revised the

wages till 31-3-2017. Moreover, the workers have

refused to give extra productivity which was one

of the reasons for increase in wages in 2017

settlement and since the minority union has refused

to sign the settlement dated 09-08-2017 and give

more productivity as agreed by the majority union,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

411

balance of convenience cannot be said to be in

favour of the Party I workmen. No irreparable loss

would occasion to the Party I workmen as they

derive benefits of the Settlement dated 10-06-2014

which has revised the wages from 1-1-2013 to

31-3-2017 and unless they accept the settlement

and give extra productivity as per the new

settlement, irreparable loss would occasion to the

Party II(1). There would be also discrimination and

industrial unrest, if the demand of interim increase

in wages of Rs. 6500/- is granted to the Party I

workmen without accepting the settlement and

giving productivity as is being done by the majority

union in terms of the Settlement dated 09-08-2017.

No irreparable loss would cause to Party I workmen

if reliefs are not granted at this stage as their

charter of demands are pending for final

determination on merits. It is therefore the above

point No. 2 is answered accordingly.

16. Having said so, I pass the following:

ORDER

(i) The application filed by Party I for interim

relief at Exhibit 9 stands dismissed.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/2/2019-LAB/Part-IV/558

The following award passed by the Labour

Court-II, at Panaji-Goa on 15-07-2019 in Case

No. LC-II/IT/12/15 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, 17th September, 2019.

______

THE LABOUR COURT-II

GOVERNMENT OF GOA AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. LC-II/IT/12/15

Shri Francis Fernandes,

R/o. H. No. 275, Kadsal,

Khandepar Bazar,

Ponda-Goa.

…

Workmen/Party I

V/s

M/s. Goa Meat Complex Ltd.,

Marvasada, Usgaon-Goa.

…

Employer/Party-II

Party-I/Workman represented by Adv. Shri D. Naik.

Party-II/Employer represented by Adv. Shri J. Lobo.

Panaji, Dated: 15-07-2019.

AWARD

1. In exercise of the powers conferred by Clause

(c) 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 01-07-2015,

bearing No. 28/26/2015-Lab/665, referred the

following dispute for its adjudication to this Labour

Court II, Panaji-Goa.

“(1) Whether the action of M/s. Goa Meat

Complex Limited, Marvasada, Usgao, Goa, in

terminating the services of Shri Francis

Fernandes, Butcher/Worker, with effect from

16-05-2013, is legal and justified?

(2) If not, what relief the Workman is entitled

to?”

2. On receipt of the reference, a case was

registered under No. LC-II/IT/12/15 and registered

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

to the said notice, the Workman/Party-I (for short,

‘the Workman’) filed his Statement of Claim on

20-08-2015 at Exhibit-5. The Workman stated that

he was employed with the Employer/Party-II (for

short “the Employer”) w.e.f. April, 2009 in the

capacity of ‘Butcher/Worker’ in its slaughter

operations. He stated that he was in continuous

service with the Employer from April, 2009. He

stated that his services were illegally terminated

by the Employer w.e.f. 16-05-2013 by its order dated

10-05-2013 on the ground that the Hon’ble High

Court of Bombay at Goa has passed an interim

order on 30-04-2013. He stated that by the said

order the Hon’ble High Court of Bombay at Goa

stated that the slaughter of animals in the abattoir

at GMCL has been kept in abeyance. He stated

that he used to work even on Sundays and the

Employer used to pay him from petty cash and the

accounts department of the Employer used to take

his signature on the voucher. He stated that the

said vouchers are in power and possession of the

Employer. He stated that the Employer used to

make payment for working on Sundays apart from

his monthly salary.

3. He stated that he was shocked and shattered

that the Employer without following the principles

OFFICIAL GAZETTE — GOVT. OF GOA

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412

of natural justice and without his any fault abruptly

and illegally terminated his services with

immediate effect vide order dated 10-05-2013. He

submitted that the illegal and arbitrary action of

the Employer amounts to unfair labour practice.

He submitted that he made several requests to the

Employer to take him back in service but no heed

was paid to his request. He submitted that he is

now unemployed and has a dependent family to

support and is in great financial difficulty to meet

both the ends. He submitted that the arbitrary

action of the Employer is totally illegal, unjustified

and contrary to law and without following the

principles of natural justice. The Workman therefore

prayed that the action of the Employer in

terminating his services be declared as illegal and

unjustified and be reinstated him in service with

full back wages and continuity in service. The

workman also prayed for regularization of his

services.

4. The Employer resisted the claim of the

Workman by filing its written statement on

04-11-2015 at Exb. 10. The Employer denied that

the workman was employed with them at its

establishment at Usgao, Ponda, Goa w.e.f. April,

2009 in the capacity of ‘Butcher/Worker’ in its

slaughter operations. The Employer stated that the

Workman has attempted to disguise himself as a

permanent employee, when in fact his services

were used in its establishment on a purely daily

rated basis as and when required. The Employer

denied that the workman was in continuous service

with them from April, 2009. The Employer stated

that the services of the workman were legally

terminated by them w.e.f. 16-05-2013 vide its order

dated 10-05-2013 due to the interim order of the

Hon’ble High Court of Bombay at Goa dated

30-04-2013. The Employer stated that the Hon’ble

High Court of Bombay at Goa vide its order dated

30-04-2013 directed them to suspend operation

within its premises. The Employer stated that the

said notice of termination dated 10-05-2013 is legal.

The Employer stated that as the workman was a

daily wage worker and his services were used only

as and when they were required by them and as

such the termination of services of the workman

was entirely valid. The Employer submitted that

the termination of services of a daily wage worker

does not require application of principles of natural

justice as such a termination is an administrative

action and not a judicial/quasi-judicial action. The

Employer admitted that they used to maintain an

attendance register manually and then began to

maintain the attendance register via biometric

register. The Employer denied the overall case as

pleaded by the Workman and prayed for dismissal

of the present reference.

5. Thereafter, the Workman filed his rejoinder on

21-03-2016 at Exb. 11. The Workman, by way of his

re-joinder, confirms and reiterates all the

submissions and averments made by him in his

claim statement to be true and correct and denies

all the statements and averments made by the

Employer in the Written Statement, which are

contrary to the statements and averments made by

him.

6. Based on the pleadings filed by the respective

parties, this court framed the following issues on

28-07-2016 at Exb. 13.

1. Whether the Workman/Party-I proves that he

was employed with the Employer/Party II w.e.f.

April, 2009 in the capacity of Butcher/Worker?

2. Whether the Workman/Party-I proves that the

action of the Employer/Party II in terminating

his services w.e.f. 16-05-2013 is illegal and

unjustified?

3. Whether the Workman/Party-I is entitled to any

relief?

4. What order? What award?

7. My findings to the aforesaid issues are as

under:

(a)

Issue No. 1

: In the Affirmative.

(b)

Issue No. 2

: In the Affirmative.

(c)

Issue No. 3 & 4 : As per final order.

I have heard the oral arguments of Ld. Adv. Shri

D. Naik, appearing for the Workman as well as Ld.

Adv. Shri J. Lobo, appearing for the Employer. Ld.

Adv. Shri D. Naik, appearing for the workman, chose

to file synopsis of written arguments.

8. Ld. Adv. Shri D. Naik, appearing for the

workman, during the course of his oral arguments

submitted that the Workman was employed by the

Employer at its establishment at Usgao, Ponda, Goa,

w.e.f. April, 2009 in the capacity of ‘Butcher/Worker’.

He submitted that the workman was in continuous

service with the Employer from April, 2009 till his

services has been illegally terminated by the

Employer w.e.f. 16-05-2013 vide its order dated

10-05-2013. He submitted that before terminating

services of the workman, neither he was issued

any show-cause notices or charge-sheet, nor

conducted any enquiry. He submitted that the

services of the workman have been terminated on

the ground that the Hon’ble High Court of Bombay

at Goa had passed an interim order on 30-04-2013

wherein the slaughter of animals in the abattoir at

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SERIES II No. 26

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413

GMCL has kept in abeyance. He submitted that

the division bench of Hon’ble High Court of

Bombay at Goa had passed an order dated

26-06-2013 allowing the operation in the

establishment of the Employer. He submitted that

the workman had completed 240 days continuous

service in the preceding 12 months from the date

of his termination w.e.f. 16-05-2013. He submitted

that the services of the workman have been

terminated without giving him a one months’

notice or in lieu of pay of months’ notice and

without paying him any retrenchment compensation,

thereby violated Section 25-F of the I.D. Act, 1947.

He submitted that the Employer had published an

advertisement in the local newspaper for the

vacant post of butcher, production helper/

attendant. He submitted that the aforesaid acts on

the part of the Employer amounts to violation of

Section 25-G and Section 25-H of the I.D. Act, 1947.

He therefore submitted that the action of the

Employer in terminating the services of the

Workman is illegal and unjustified. In support of

his oral contentions, he relied upon three

judgments, one in case of Director, Food and

Supplies, Punjab and others v/s Prakash Singh

and Ors., reported in 2012-III, LLJ 378 (P & H) of

Hon’ble High Court of Punjab and Haryana, second

in the case of Sanjeevan Gramin Vaidyakiya &

Samajik Sahayata Pratisthan through its

Chairman and Ors. v/s. Gorakhnath Popat

Bandhane and Ors., reported in 2012 (IV) LLJ 23

of Hon’ble High Court of Bombay and third in the

case of State of Gujrat v/s PWD and Forest

Employees Union and Ors., reported in 2019 1

CLR 862 of Hon’ble Supreme Court of India. He

submitted that the workman is unemployed from

the date of his illegal termination. He submitted

that since the workman was working with the

Employer since April, 2009 till the date of his

termination w.e.f. 16-05-2013, he may be reinstated

in service with full back wages and consequential

benefits thereof. He submitted that the Workman

was working on daily wage basis since the date of

his appointment from April, 2009 till the date of his

termination w.e.f. 16-05-2013 and hence, his services

shall be regularised. In support of his oral

contention, he relied upon three judgments of

Hon’ble Apex Court, one in the case of Sheo Narain

Nagar and Ors. v/s. State of Uttar Pradesh and

Anr., reported in (2018) 13 SCC 432, second in

the case of ONGC Ltd v/s. Petroleum Coal Labour

Union and Ors., reported in 2015 (4) ALL MR 476

(S.C.) and third in the case of State of Gujrat v/s.

PWD and Forest Employee Union and Ors.,

reported in 2019 CLR 862.

9. Per contra, Ld. Adv. Shri J. Lobo representing

the Employer, during the course of his oral

arguments submitted that the workman was

working with the Employer since April, 2009 in the

capacity of Butcher/Worker in its establishment.

He submitted that the services of the workman

was terminated by them w.e.f. 16-05-2013 vide order

dated 10-05-2013 due to the interim order of the

Hon’ble High Court of Bombay at Goa dated

30-04-2013 which directed them to suspend

operations within its premises. He submitted that

as the workman was appointed as daily wage

worker and not its employee permanent or

otherwise, his services was terminated by order

dated 10-05-2013 w.e.f. 16-05-2013. He submitted

that the services of the workman was never

regularised as he was not qualified for any job

with them. He submitted that the termination order

dated 10-05-2013 issued to the workman is just,

legal and proper. He submitted that as the workman

was working as daily wage worker, he was not

entitled for any retrenchment compensation etc.

as provided u/s 25-F of the I.D. Act, 1947 nor

required the application of principles of natural

justice. In support of his oral submissions, he relied

upon a judgment in the case of State of Karnataka

v/s. Uma Devi, reported in (2006) 4 SCC 1 of

Hon’ble Supreme Court of India.

REASONS:

10. Issue No. 1:

The burden was cast on the workman to prove

the issue No. 1. The Workman examined himself to

prove his case and produced on record certain

documentary evidence in support of his oral

evidence. The Workman produced on record copies

of extract of attendance register/muster roll for the

period from April, 2009 to March, 2013 (Exb. 17-

-colly) and copies of extract of wage register/salary

statements for the period from April, 2009 till May,

2013 (Exb. 18-colly) in support of his oral evidence

that he was continuously working with the

Employer in the capacity of butcher/worker w.e.f.

April, 2009 till termination of his services w.e.f.

16-05-2013. It is therefore held that the workman

proved that he was employed with the Employer

w.e.f. April, 2009 in the capacity of ‘butcher/worker’.

The issue No. 1 is therefore answered in the

affirmative.

11. Issue No. 2:

While deciding the issue No. 1, I have discussed

and come to the conclusion that the Workman was

employed with the Employer in the capacity of

‘butcher/worker’ w.e.f. April, 2009. The evidence

on record indicates that the workman was

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SERIES II No. 26

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414

employed with the Employer continuously on daily

wage basis w.e.f. April, 2009 till his services

discontinued by the Employer to the effect from

16-05-2013 forenoon vide its order dated 10-05-2013

(Exb. 19).

12. In the case of Director, Food and Supplies,

Punjab and (supra), the Hon’ble High Court of

Punjab and Haryana has held as under:

“18. A conjoint and meaningful reading of these

provisions would reveal that even if a person

is engaged on daily wages and has completed

the continuous service as defined under Section

25-B, then, his services cannot be terminated

without following the statutory provisions of

Section 25-F of the Act, irrespective of the fact

that he was not appointed against a regular

post as alleged on behalf of the management.

Therefore, the contrary arguments of learned

counsel for the petitioner-management “stricto

sensu” liable to be and are hereby repelled

under the present set of circumstances.”

The principle laid down by the Hon’ble High

Court of Punjab and Haryana is well recognized

and it is applicable to the case in hand.

13. The Workman claimed that his services have

been terminated by the Employer by contending

to illegal and arbitrary. Upon careful perusal of the

termination order issued to the workman dated

10-05-2013 (Exb. 19), it appears that the slaughter

of animals in the abattoir at GMCL has been kept

in abeyance, the services of the workman engaged

for slaughter operations stands discontinued to take

effect from 16-05-2013 forenoon. Thus, the services

of the workman have been terminated by the

Employer otherwise than as a punishment inflicted

by way of disciplinary action. The termination of

services of the workman amounts to retrenchment

as defined u/s. 2 (oo) of the I.D. Act, 1947. The pre-

-condition for valid retrenchment has been provided

u/s 25-F of the I.D. Act, 1947. Retrenchment of any

worker requires the compliance of Section 25-B of

the I.D. Act, 1947. The evidence on record indicates

that the workman has completed more than 240

days of continuous service from the twelve months

preceding the date of his termination i.e. 16-05-2013.

The evidence on record indicates that the Workman

has not been paid retrenchment compensation nor

issued any notice nor paid one month salary in lieu

of notice.

14. The workman has produced on record an

advertisement published in daily newspaper,

namely Navhind Times (Exb. 22), Gomantak (Exb.

23) and Tarun Bharat (Exb. 24) all dated 23-03-2016

calling for applications for the vacant post of

worker/butcher, production helper/attendant etc.

The workman has however, did not plead in his

pleadings or state on oath that the employer has

recruited other persons in his place. Thus, the

workman failed to prove that the employer has

recruited other person in his place and as such

violated Section 25-H of the I.D. Act, 1947. Hence,

it is held that the action of the Employer in

terminating services of the Workman w.e.f.

16-05-2013 amounts to illegal retrenchment and as

such, it is unjustified. The issue No. 2 is therefore

answered in the affirmative.

15. Issue No. 3:

While deciding the issue No. 2, I have discussed

and come to the conclusion that the action of the

Employer in terminating services of the Workman

w.e.f. 16-05-2013 is illegal and unjustified. The

evidence on record indicates that the Workman is

unemployed and have a dependent family to

support.

16. In the case of Sanjeevan Gramin Vaidyakiya

& Samajik Sahayata Pratisthan through its

Chairman and Ors.(supra), the Hon’ble High Court

of Bombay has held that “the respondent was

working as a Laboratory Assistant with the

Appellant and was working for more than five years.

His services were terminated without any show-

cause notice/memo, much less charges and

enquiry. The said termination was set aside by the

Labour Court, the respondent therefore filed the

present petition. The Hon’ble High Court observed

that the management had to disclose the material

on which it proceeded and give opportunity to the

employee before taking drastic action of

termination. The Hon’ble High court further held

as under:

“10. No work No wages” should be the formula.

It is not necessary in every matter that full

back wages should be provided and/or granted.

But in case like this and considering the facts

and circumstances, where the action of

termination as recorded is apparently in breach

of the basic principles of natural justice, there

is no reason even to interfere with the order of

back wages. In every matter through the

principle of full back wages need not be

followed but at the same time if the action if

illegal and in contravention of basic principles,

I see there is no reason that the order of back

wages as awarded need to be interfered with.

Apparently, the respondents and his family

suffered because of illegal action. Therefore,

taking over all view of the matter, no

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

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415

interference is called for. The petition is

dismissed. Ad-interim order stands vacated.

No costs”.

The principle laid down by the Hon’ble High

Court of Bombay in its aforesaid case is not

applicable to the case in hand as the facts of the

aforesaid case are totally different then the case in

hand.

17. The Hon’ble Apex Court, in its case of BSNL

v/s. Bhurumal, reported in 2013 (15) SCALE 131

has held as under:

“23. It is clear from the reading of the aforesaid

judgments that the ordinary principle of grant

of reinstatement with full back wages, when

the termination is found to be illegal is not

applied mechanically in all cases. While that

may be a position where services of a regular

permanent workman are terminated illegally

and or malafide and/or by way of victimization,

unfair labour practice etc. However, when it

comes to the case of termination of a daily

wage worker and where the termination is

found illegal because of procedural defect,

namely in violation of Section 25-F of the

Industrial Disputes Act, this court is consistent

in taking the view in such cases reinstatement

with back wages is not automatic and instead

the workman should be given monetary

compensation which will meet the ends of

justice. Rationale for shifting in this direction

is obvious.

24. Reasons for denying the relief of

reinstatement in such cases are obvious. It is

trite law that when the termination is found

to be illegal because of non-payment of

retrenchment compensation and notice pay as

mandatorily required under Section 25-F of

the Industrial Disputes Act, even after

reinstatement, it is always open to the

management to terminate the services of that

employee by paying him the retrenchment

compensation. Since, such a workman was

working on daily wage basis and even after he

is reinstated, he has no right to seek

regularization (see: State of Karnataka v/s Uma

Devi (2006) 4 SCC). Thus, when he cannot claim

regularization and he has no right to continue

even as a daily wage worker. No useful purpose

is going to be served in reinstating such a

workman and he can be given monetary

compensation by the court itself inasmuch as

if he is terminated again after reinstatement,

he would receive monetary compensation only

in the form of retrenchment compensation and

notice pay. In such a situation, giving the relief

of reinstatement that too after a long gap

would not serve any purpose.”

The Hon’ble Apex Court in its case of Telegraph

Department v/s. Santosh Kumar Seal, reported

in (2010) 6 SCC 773 also reiterated the same

principles.

The principle laid down by the Hon’ble Apex

Court is well recognized and also applicable to the

case in hand.

18. In the case in hand, the Workman was in the

employment of the Employer from April, 2009 till

16-05-2013. Applying the law laid down by the

Hon’ble Apex Court in its aforesaid judgment, in

my considered opinion a lump sum compensation

of Rs. 75,000/- (Rupees seventy five thousand only)

would meet the ends of justice.

19. The workman also prayed for regularization

of his service. As the present reference has been

issued by the Government of Goa pertaining to the

legality and justifiability of the action of the

Employer in terminating services of the Workman

w.e.f. 16-05-2013 and the relief he is entitled to. It

is settled principle of law that this court cannot

expand the scope of the reference beyond the terms

of reference. The prayer of the workman for

regularization of his services stands rejected. The

judgment relied upon by Ld. Adv. Shri D. Naik has

no relevance to the present reference.

In view of the above, I proceed to pass the

following order:

ORDER

1. It is held that the action of M/s. Goa Meat

Complex Limited, Marvasada, Usgao, Goa, in

terminating the services of Shri Francis Fernandes,

Butcher/Worker, with effect from 16-05-2013, is

illegal and unjustified.

2. It is held that M/s. Goa Meat Complex Limited,

Marvasada, Usgao, Goa, is hereby directed to pay

to the workman, Shri Francis Fernandes, a sum of

Rs. 75,000/- (Rupees seventy five thousand only)

within a period of 2 months from the date of passing

the order, failing which it shall bear a simple

interest @ 9% per annum.

3. No order as to costs.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar)

Presiding Officer,

Labour Court-II.

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SERIES II No. 26

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416

Notification

No. 28/2/2019-LAB/Part-IV/559

The following award passed by the Labour

Court-II, at Panaji-Goa on 08-07-2019 in Ref. Case

No. IT/95/00 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, 17th September, 2019.

______

THE LABOUR COURT-II

GOVERNMENT OF GOA AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Ref. Case No. IT/95/00

Shri Augustinho Da Costa,

Igramol, H. No. 172,

Diamt, Quepem-Goa.

…

Workmen/Party I

V/s

M/s. Datsun Shipping Pvt. Ltd.,

Near Thakker House, Swatantra Path,

Vasco-da-Gama.

…

Employer/Party II

Workman/Party-I represented by Shri K. V. Nadkarni.

Employer/Party-II represented by Adv. Shri A. V.

Nigalye.

Panaji, Dated: 08-07-2019.

AWARD

1. In exercise of the powers conferred by Section

10 (1) (d) of the Industrial Disputes Act, 1947

(Central Act 14 of 1947), the Government of Goa,

by Order dated 08-12-2000, bearing No. IRM/CON/

VSC/(14)/2000/6107 referred the following dispute

for adjudication to the Industrial Tribunal of Goa,

at Panaji-Goa. The Government of Goa transferred

the said dispute for its adjudication to this Labour

Court-II from Industrial Tribunal of Goa at Panaji,

Goa, vide its another order dated 09-02-2016.

“(1) Whether the action of management of

M/s. Datsun Shipping Pvt. Ltd., Vasco-da-Gama,

Goa, in terminating the service of Shri

Augustinho Da Costa, Barge Master, with effect

from 01-10-1999, is legal and justified?

(2) If not, to what relief the workman is

entitled?”

2. On receipt of the reference, a case was

registered under No. IT/95/2000 and registered

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

to the said notice, the Parties put in their appearance.

The Workman/Party-I (for short ‘Workman’), filed

his Statement of Claim on 19-02-2001 at Exb. 3.

The facts of the case in brief as pleaded by the

workman are that he was employed with the

Employer/Party-II (for short, ‘Employer’) as a Master

on their barge w.e.f. 01-12-1998 as per terms and

conditions laid down in their letter of appointment

dated 01-12-1998. He stated that as per Clause 1 of

the said letter of appointment, he was confirmed

in service w.e.f. the date of appointment i.e. from

01-12-1998 as the Employer had waived the

probationary period for him. He stated that as per

Clause No. 5 of the said letter of appointment, it

was agreed by the Employer that normally barges

of the Employer do not operate in monsoon season

i.e. from June to September of every year and

therefore he will be paid salary of Rs. 7000/- p.m.

as against fair season salary of Rs. 14,000/-. He

stated that it was further confirmed in the said

appointment letter that in case if he was called on

duty to operate the barge, he would be paid full

wages of Rs. 14,000/- p.m. for the period he has

actually worked. He stated that in Goa all barges

engaged in transportation of iron ore, employees

employed on such barges work for only 15 days

continuously on barges and enjoy off duty for 15

days in a month. He stated that he was also

enjoying similar terms and conditions of

employment while in employment with the

Employer. He stated that he was working in the

first fortnight of the month and accordingly for the

month of May, 1999 he was on duty up to

15-05-1999 and thereafter, he got down from the

barge for his normal off period. He stated that the

barge was laid down during non-operative period

of monsoon. He stated that as per his letter of

appointment though he was entitled for half

payment for four months from June to September,

1999, the Employer did not pay him the salaries for

the laid down period of about four months. He

stated that apart from the above Employer also did

not call him back to report back for duties from

01-10-1999 and when he reported for work on

01-10-1999, he was not taken back on duty and

was sent away. He stated that he was neither issued

any notice of termination of his service nor he was

conveyed anything about his status in the company.

He stated that after making several trips to the

office of the Employer, he finally wrote letter to the

Asstt. Labour Commissioner, Vasco, Goa on

13-10-1999 and 25-11-1999. However, the ALC, Vasco

did not issue any notice to the Employer. He stated

that it is only after his letter dated 14-06-2000, a

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notice was issued to the Employer. He stated that

since he had family to support, and due to

necessity, he was compelled to take employment

from 25-11-1999 purely on temporary basis and on

lesser salary. He stated that he was employed with

Employer as a confirmed employee and for much

higher salary than the new temporary employment.

He submitted that the action of the Employer in

refusing employment to him w.e.f. 01-10-1999 be

declared as illegal and bad-in-law and direct the

Employer to reinstate him in their employment with

continuity in service and all other monetary and

other benefits as applicable to his post.

3. The Employer resisted the claim of the Workman

by filing its written statement on 06-01-2004 at

Exb. 7. The Employer, as and by way of its

preliminary objections, submitted that the

reference is not maintainable as the Party I is not

a ‘workman’ as defined u/s 2 (s) of the I.D. Act,

1947, that no demand was made on the Employer

alleging termination of his services w.e.f.

01-10-1999 by the Employer either before them or

the ALC, Vasco, Goa and that the Government of

Goa has no jurisdiction to make the present

reference as the appropriate Government in respect

of the barge industry is the Central Government.

4. The Employer stated that it is a private limited

company engaged in the business of operation of

barge within the area of minor port and major port

in Goa carrying the ore from the river port to the

berth at the harbor or the transhipper as the case

may be. The Employer stated that for the purpose

of operating the barge, it has employed crew

members in the category of sailors, khalashis,

oilman, sukani, driver and master. The Employer

stated that at the relevant time in 1999, it was not

owning any barge but had taken barge on bare

boat chartered agreement from the other company

to run. The Employer stated that in the year 2002,

the Employer purchased the said barge and became

the owner of the said barge. The Employer stated

that the said barge was having two engines of 372

BHP each and as such was required to be operated

by a first class master. The Employer stated that

the business of transporting ore by barge is for few

months from October to May every year. The

Employer stated that the barge is idle without

business from June to September every year which

is the off season being rainy season. The Employer

stated that during the off season, the barges are

taken to the workshop for repairs. The Employer

stated that the master of the barge is the head of

the barge and is only answerable to the owner.

The Employer stated that the crew members on

the barge are working under the supervision and

the control of the master. The Employer stated that

the master being an administrative head on the

barge is not a workman as defined u/s 2(s) of the

I.D. Act, 1947.

5. The Employer stated that the workman was

employed as a master on the barge w.e.f. 01-12-1998

on the terms and conditions stated in the letter of

appointment dated 01-12-1998. The Employer

stated that as per the said letter of appointment,

the workman was not allowed to take up any

employment with any other concern/person during

the period of his employment with the Employer.

The Employer stated that the workman was having

license as second class master and as such he

could not be employed in the normal course. The

Employer stated that they have got the dispensation

for workman to act as first class master from the

office of the Dy. Captain of Ports, Mormugao and the

said dispensation was valid up to 22-09-1999. The

Employer stated that the workman worked up to

May, 1999 and was paid his wages as per the letter

of appointment. The Employer stated that the

workman remained absent from duty from

01-06-1999 and started working at Salgaoncar

Mining Industries Limited, Margao, Goa on the

barge as a first class master. The Employer stated

that the workman was holding a certificate of

competency No. 1700 dated 14-07-1976 as a second

class master and was issued a dispensation letter

by the Dy. Captain of Ports, Margao to work as a

first class master. The Employer stated that the

dispensation is granted by the Dy. Captain of Ports

based on the letter and certificate of working

issued by the company with whom the master has

worked before granting of the dispensation. The

Employer stated that to its knowledge the workman

had worked with M/s. Salgaoncar Mining Industries

Limited as a master from June, 1999 and the said

company had applied for dispensation to Dy.

Captain of Ports, Mormugao to act as a first class

master. The Employer stated that workman had

attended work up to 15-05-1999 and had absented

from work from 01-06-1999, when they refused to

accept the demand of the workman for the salary

of Rs. 20,000/- per month. The Employer stated that

on 31-05-1999, the workman approached the

Managing Director of the Employer and demanded

that he should be paid the salary of Rs. 20,000/- per

month and on refusal to agree to his demand, the

workman collected his master’s certificate and

informed them that he is not interested in the

services of the Employer and left. The Employer

stated that the workman thereafter did not report

for work and made a demand for salary for June/

/July, 1999 through the United Bargemen’s

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418

Association. The Employer stated that since the

workman had not worked from 01-06-1999, they

informed the union accordingly. The Employer

stated that the workman thereafter raised an issue

of non-payment of salary before the Assistant

Labour Commissioner, Vasco-da-Gama vide his

letter dated 13-10-1999. The Employer stated that

there was no termination of services of the

workman from 01-10-1999 by the Employer. The

Employer stated that the workman had remained

absent from 01-06-1999 after informing them that if

his salary is not increased to Rs. 20,000/- per month,

he is not interested in working with the Employer.

The Employer stated that the workman has left the

services on his own from 01-06-1999 and as such

the workman is not entitled to any relief and the

reference be rejected.

6. Thereafter, the Workman filed his rejoinder on

15-04-2004 at Exb. 8. The Workman, by way of his

Re-joinder, confirms and reiterates all the

submissions and averments made by him in his

claim statement to be true and correct and denies

all the statements and averments made by the

Employer in the Written Statement, which are

contrary to the statements and averments made by

him.

7. Based on the pleadings filed by the respective

Parties in the present proceedings, the Hon’ble

Industrial Tribunal-cum-Labour Court framed the

following issues on 06-05-2004 at Exb-9.

1. Whether the Party I proves that the Party II

terminated his services w.e.f. 01-10-1999 and

that the said termination is illegal and

unjustified?

2. Whether the Party II proves that Party I did

not report for work from 01-06-1999 and hence

there was no question of issuing notice of

termination of service to the Party I?

3. Whether the Party I proves that he is a ‘workman’

as defined under Section 2 (s) of the I.D. Act,

1947?

3A. Whether there is no industrial dispute

existing between the parties since no demand

was raised by Party I with Party II alleging

termination of his services w.e.f. 01-10-1999?

3B. Whether Party II proves that the

appropriate Government in respect of the barge

industry is the Central Government and hence,

the Government of Goa has no jurisdiction to

make the present reference?

4. Whether the Party II proves that the Party I

was gainfully employed from June, 1999?

5. Whether the Party I is entitled to any relief?

6. What Award?

8. My answers to the aforesaid issues are as

under:

(a)

Issue No. 1

:

In the Affirmative.

(b)

Issue No. 2

:

In the Negative.

(c)

Issue No. 3

:

In the Affirmative.

(c)

Issue No. 3A

:

In the Negative.

(d)

Issue No. 3B

:

In the Negative.

(e)

Issue No. 4

:

In the Affirmative

(f)

Issue No. 5 & 6

:

As per final order.

REASONS:

I have heard the oral arguments of Ld. Rep. Shri

K. V. Nadkarny appearing for the Workman as well

as Ld. Adv. Shri A. V. Nigalye appearing for the

Employer.

9. Ld. Rep. Shri K. V. Nadkarny, representing the

Workman, during the course of his oral arguments

submitted that the Party I was working with the

Employer as Master on their barge from 01-12-1998

as per the terms and conditions laid down in the

letter of appointment dated 01-12-1998. He

submitted that as per Clause 1 of the said letter of

appointment, the Party I was confirmed in the

services of the Employer from the date of his

appointment by waiving the probationary period.

He submitted that as per clause 5 of the letter of

appointment, it was agreed by the Employer that

their barges normally do not operate in monsoon

season i.e. from June to September of every year

and therefore, the Workman would be paid salary

of Rs. 7000/- per month as against fair season salary

of Rs. 14,000/-. He submitted that the Employer has

signed an agreement with the union. He submitted

that the benefits of the said agreement has been

given to the Workman and as such the Employer is

estopped from contending that the Party I is not a

‘workman’ within the meaning of Section 2(s) of

the I.D. Act, 1947 and that the nature of duties of

the Workman cannot be called as managerial,

administrative and supervisory nature. In support

of his oral contentions, he relied upon two

judgments of Hon’ble High Court of Bombay, one in

the case of Cedric D’silva v/s. Union of India and

Anr., reported in (2008) 1 LLJ 483 and another in

the case of Cricket Club of India and Anr. v/s.

Baljit Shyam (Mrs.) and Anr., reported in 1998 1

CLR 570. He also relied upon a judgment in the

case of Manoranjan Chakrabortty v/s. State of

West Bengal and Ors., reported in 2002 (2) LLN

579. He submitted that the Employer is in the

business of barge ore transportation. He submitted

that the barge of the Employer was registered with

Dy. Captain of Ports, which belongs to Government

of Goa. He submitted that the barges which are

operating at Margao-Goa are controlled by Dy.

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Captain of Ports and paper work are forwarded to

the Captain of Ports. He submitted that whenever

any accident took place to the barge, they have to

report to the Dy. Captain of Ports. He submitted

that the annual competency certificate for

operating the barge is issued by Dy. Captain of

Ports. He submitted that the barge cannot be

operated without competency certificate of the Dy.

Captain of Ports. He submitted that the crew

members are appointed only after the captain of

ports issues the necessary certificate. He submitted

that thus, the Captain of Ports has every right to

control the operation of the barges and hence, the

Government of Goa is the Appropriate Government

for the barge industry and not the Central

Government. He submitted that vide letter dated

13-10-1999 (at Exb. W-6), the Workman addressed a

letter to the ALC, Vasco, Goa, requesting for

continuity in service to him and as such there

exist a demand for reinstatement in service. He

submitted that the evidence on record indicates

that the Workman was not allowed to report for his

duties and that the said action on the part of the

Employer amounts to termination of his service

with effect from 01-10-1999 without any

justification. He submitted that the said action of

the Employer is illegal and unjustified and amounts

to illegal retrenchment of his service without

following the proper procedure of law. He

submitted that the Workman is therefore entitled

for reinstatement in service. In support of his oral

contention, he relied upon a judgment of the

Hon’ble Apex Court in the case of Village Papers

Mazdoor Sangh, Mehatpur v/s. State of H.P.,

reported in 1995 2 LLJ 628.

10. Per contra, Ld. Adv. Shri A. V. Nigalye

representing the Employer, during the course of

his oral arguments submitted that undisputedly,

the Workman was appointed by him vide

appointment letter dated 01-12-1998 and he was

confirmed on the same date as barge master. He

submitted that as a barge master, he was

performing the duties of managerial, supervisory

and administrative in nature and drawing salary of

Rs. 14,000/- p.m. He submitted that clause 8 of the

appointment letter issued to the Party I on record

at Exb.W-1 clearly stated that he shall be

responsible to drive the barges owned/operated/

/leased by the Company and shall abide by all sea

water traffic regulations, while driving the barge.

He submitted that the oral evidence of the

Workman on record clearly indicates that he was

holding the top position other than all crew

members and that he used to give the instructions

to the khalasis to clean the barges, he was looking

after the work of driver, whether he was doing the

work properly or not and if any mistakes were

committed by any crew member then he was

correcting the same, any mistake occurred by the

crew member, he was telling them to correct the

same and he used to give the instructions about

the time of the barge to sukani. He submitted that

the aforesaid duties and responsibilities performed

by the Workman are clearly of managerial,

supervisory and administrative in nature and as

such the Party I is not a ‘workman’ within the

meaning of Section 2 (s) of the I.D. Act, 1947. In

support of his oral contention, he relied upon a

judgment of Hon’ble High Court of Bombay in the

case of Vandana Joshi v/s. Standard Chartered

Bank Limited, reported in 2010 III CLR 901. He

submitted that there was no demand pertaining to

the termination of services were made to the

Employer. The Workman directly approached the

ALC, Vasco, Goa and as such the dispute referred

for adjudication is incompetent. In support of his

oral contention, he relied upon a judgment in the

case of Shambhunath Goyal v/s Bank of Baroda

reported in (1978) 2 SCC 353 and in the case of

Sindhu Resettlement Corporation Ltd. v/s

Industrial Tribunal of Gujarat and Ors. reported

in 1968 SC 526.

11. He submitted that operation of barge is a

collective function of the crew and the Party I is

head of the barge. The Party I has not lead any

evidence in support of the issue in question, though

the opportunity was given to him. He submitted

that there is no evidence on record to show that

the Party I was performing the duties as specified

in Section 2 (s) of the I.D. Act, 1947. He submitted

that the term ‘appropriate government’ has been

defined u/s 2 (a) of the I.D. Act, 1947. He submitted

that the Employer is a private limited company

engaged in the business of operation of barge

within the area of minor port and major port in

Goa, carrying the ore from the river port to the

berth at the harbour or the transhipper as the case

may be. He submitted that there is an access

between the major port and barge. He therefore,

submitted that the appropriate Government in the

present dispute is the Central Government and

not the State Government and as such this Hon’ble

Court has no jurisdiction to deal with the reference.

In support of his contention, he relied upon the

Judgment of the Hon’ble High Court of Bombay

in the case of M/s Sylvester and Co. V/s their

workmen thorough Transport and Dock Workers

Union & anr., reported in 2007 LAB I.C. 4103. He

submitted that there is no termination of service of

the Party I by the Employer. He submitted that the

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evidence on record indicates that the Party I did

not collect his wages till September, 1999. He

submitted that as per the document at Edb.W-3, he

visited in the office of the Employer on 01-09-1999

to join his duties and there was nobody in the

office as the office was closed. He submitted that

the said letter at Exb.W-3 on record indicates that

the Party I had not visited the office of the Employer

till 01-09-1999 after June to August, 1999. He

submitted that the Party I informed the Employer

that he is not interested in the job. He submitted

that the Party I did not allege of any misconduct,

therefore there is no question of taking any

disciplinary action. He submitted that the Party I

is not entitled to any relief as he was just 10 months

in service with the Employer. He submitted that

Section 25-F of the I.D. Act, 1947 is not applicable

to the present dispute as the Party I has not worked

for 240 days. He therefore prayed that the dispute

referred by the Government be answered in the

negative.

I have carefully perused the entire records of

the present case including the synopsis of written

arguments filed by the Employer. I have carefully

considered the legal submissions advanced by the

Ld. Representatives appearing for the respective

parties.

12. Issue No. 3:

I am deciding the issue No. 3 first prior to the

issue No. 1 and 2 as the said issue No. 3 touches

the root jurisdiction of this court to adjudicate the

present reference.

The Employer pleaded that the Party I being the

master of the barge was performing the duties of

supervisory and administrative in nature and as

such he is not a ‘workman’ within the meaning of

Section 2 (s) of the I.D. Act, 1947. The burden to

prove is on the Party I that he is a ‘workman’ within

the meaning of Section 2 (s) of the I.D. Act, 1947

and as such this court has jurisdiction to adjudicate

the present reference.

13. In the case of Cedric D’Silva (Supra) the

division bench of Hon’ble High Court of Bombay,

the Petitioner at the relevant time of his termination

of services was working as a Sr. Commander. The

two national airlines namely, Air India and Indian

Airlines (now merged) continue to enter into

settlements under the I.D. Act with their pilots

including Sr. Commanders. In other words, in a

large section of the industry they are still

considered to be a workman and not doing work

which is managerial or supervisory in nature. The

Hon’ble High Court has held that the petitioner is

a ‘workman’.

14. In another case of Cricket Club of India and

Anr. (supra), the Hon’ble High Court of Bombay

has relied upon a judgment of the Hon’ble Apex

Court in the case of Workmen of M/s. Hindustan

Lever Ltd. and Ors. v/s. Management of Hindustan

Lever Ltd., reported in 1984 LIC 276, on the issue

whether the Company is estopped from contending

that a person was not ‘workman’ was observed

that “the agreement relied upon by the union is a

valid subsisting agreement which is in force. It is

neither repudiated nor terminated. It is binding

upon both the parties. Once the agreement is held

to be binding, the Employer is estopped from

contending that the workman involved in the

dispute who were salesman were not workmen

within the meaning of the expression under the

Act and held that the petitioner is a ‘workman’.

15. In the case of Monoranjan Chakraborthy

(supra), the Hon’ble High Court of Calcutta held

that the petitioner was working as ‘supervisor’.

The petitioner was charge-sheeted, the order of

dismissal and initiation of domestic enquiry and

conclusion of that which were held in terms of the

standing orders of the Company. The Respondent

is therefore estopped from taking different stand

that the petitioner was a supervisor and not a

workman.

16. The principle laid down by the Hon’ble Apex

Court, Hon’ble Bombay High Court and Hon’ble

Calcutta High Court in its aforesaid respective

judgments is well established and also applicable

to the case in hand. Applying the law laid down

by the Hon’ble Apex Court as well as Hon’ble High

Court of Bombay, the first witness of the workman,

Mr. Anthony Lobo in his affidavit in evidence

deposed that he is one of the signatory to the

settlement arrived at between Goa Barge Owners

Association and barge crew employed by them

and represented by their union namely United

Bargemen’s Association and produced copy of the

said settlement arrived between Goa Barge Owners

Association and the Union dated 29-03-2007 in the

course of conciliation proceedings u/s 12(3) r/w

Section 18 (3) of the I.D. Act, 1947 and that for the

last nearly two decades barge owners have been

executing memorandum of settlement in the

conciliation proceedings held by the State Level

Commission. He further deposed that All Goa Barge

Owners have accepted that the masters being it

first class or second class are the workmen and

accordingly, the benefits of all the settlements are

extended to first class and second class masters. In

his cross-examination, that the Employer is a party

to the said settlement. The aforesaid oral evidence

of the first witness of the workman have not been

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denied by the Ld. Advocate for the Employer, and

as such, the said oral evidence remained

unchallenged. In view of the aforesaid settlement

signed by the Goa Barge Owners Association and

the Union, the Employer is estopped from

contending that the Party I is not a ‘workman’ as

defined in the Section 2 (s) of the I.D. Act, 1947.

17. Ld. Shri A. V. Nigale representating the

Employer pointed out in the oral evidence that the

Workman being Master used to instruct the sukani

who was driving the barge as per his instructions.

The instructions of tying of the barge were given

by the workman to sukani, whenever the barge

was anchored at the berth and the transshiper. He

used to give the instructions to the khalasis to

clean the barge. He was looking after the work of

driver whether he was doing the work properly or

not, and if any mistakes were committed by any

crew member, he was correcting the same. The

discipline on the barge was maintained by the

crew members but any mistake occurred, he was

telling them to correct the same. The aforesaid

duties are supervisory in nature. He relied upon a

case of Vandana Joshi (supra), wherein the Hon’ble

High Court of Bombay has held that the power to

sanction leave or initiate disciplinary proceedings

is not decisive factor in arriving at a conclusion,

whether the employee is a ‘workman’ u/s 2 (s) of

the I.D. Act, 1947 or not. Looking into the dominant

nature of duties and responsibilities performed by

the Appellant, we are of the opinion that the

Appellant was appointed in the bank’s lower

management cadre.

The facts before the Hon’ble High Court is

totally different than the case in hand and hence,

the principle laid down by the Hon’ble High Court

of Bombay is not applicable to the case in hand.

Hence it is held that the Party I proves that he

is a ‘workman’ as defined u/s. 2 (s) of the I.D. Act,

1947. The issue No. 3 is therefore, answered in the

affirmative.

18. Issue No. 3A:

Ld. Adv. Shri A. V. Nigalye during the course of

his oral arguments pointed out the letter of the

workman dated 13-10-1999 addressed to the Asstt.

Labour Commissioner, Vasco-da-Gama (Exb. W-6)

by which the Workman has raised the present

dispute and submitted that no demand letter was

issued to the Employer alleging termination of his

services w.e.f. 01-10-1999 at any point of time by

the Workman and as such there does not exist any

industrial dispute between the parties. He relied

upon the judgment in the case of Sindhu

Resettlement (Supra) as well as Shambu Nath Goel

(supra).

19. In the case of Sindhu Resettlement

Corporation Ltd. v/s Industrial Tribunal of Gujarat

and Ors. reported in 1968 SC 526, the Hon’ble

Apex Court has held that “if no dispute at all is

raised by the employees with the management,

any request sent by them to the Government would

only be a demand by them and not an Industrial

Dispute between them and their employer”.

The Hon’ble Supreme Court of India however in

its subsequent judgment in the case of

Shambhunath Goyal v/s Bank of Baroda reported

in (1978) 2 SCC 353 distinguished its aforesaid

Judgment passed in the case of Sindhu Resettlement

Corporation Ltd. and held that:

“The definition of industrial dispute in Section

2(k) of the Industrial Disputes Act, 1947 shows

that where there is a dispute or difference

between the parties contemplated by the

definition and the dispute or difference is

connected with the employment or non-

employment or the terms of employment or with

the conditions of labour of any person there

comes into existence an industrial dispute. The

Act nowhere contemplates that the dispute

would come into existence in any particular,

specific or prescribed manner. For coming into

existence of an industrial dispute a written

demand is not a sine qua non”.

20. Thus the principle laid down by the Hon’ble

Supreme Court of India in the case of Shambhunath

Goyal is applicable to the present case. In the case

in hand, the union vide its letter dated 01-09-1999

(Exb. W-3) and another letter dated 10-09-1999 (Exb.

W-4) addressed to the Employer for settlement of

the workman. The Workman thereafter raised a

dispute vide his letter dated 13-10-1999 (Exb. W-6)

before the Asstt. Labour Commissioner, Vasco, Goa

and requested for payment of his wages and

continuity of services. In reply to the notice issued

to him, the Workman, by his letter dated 25-11-1999

(Exb. W-8), addressed to the ALC, Vasco, Goa stated

that he has not been allowed to work from this

month orally in its office by the Employer and that

amounts to refusal of employment. The aforesaid

evidence on record indicates that the Workman

has raised an industrial dispute pertaining to his

non-payment of wages as well as refusal of

employment to him. Hence the contention of the

Employer that no demand pertaining to the

termination of services were made to the Employer

is without any merits. It is held that the Employer

failed to prove that there is no industrial dispute

existing between the parties since no demand was

raised by the workman with the Employer alleging

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termination of his services w.e.f. 01-10-1999. The

issue No. 3A is therefore answered in the negative.

21. Issue No. 3B:

The Employer in its written statement, filed in

the present proceedings contended that the

Government of Goa has no jurisdiction to make the

present reference as the Appropriate Government

in respect of the barge industry is the Central

Government.

Section 2 (a) of the I.D. Act, 1947 defines the

term ‘Appropriate Government’ and it means

(a) ‘Appropriate Government’:-

(i) In relation to any industrial dispute

concerning any industry carried on by or

under the authority of the Central

Government or by a railway company or

concerning any such controlled industry as

may be specified in this behalf by the

Central Government or in relation to an

industrial dispute concerning a Dock

Labour Board established under Section

5-A of the Dock Workers (Regulation of

Employment) Act, 1948 (9 of 1948), or the

[Industrial Finance Corporation of India

Limited formed and registered under the

Companies Act, 1956 (1 of 1956)], or the

Employees’ State Insurance Act, 1948 (34 of

1948), or the Board of Trustees constituted

under Section 3-A of the Coal Mines

Provident Fund and Miscellaneous

Provisions Act, 1948 (46 of 1948), or the

Central Board of Trustees and the State

Boards of Trustees constituted under

Section 5-A and Section 5-B, respectively, of

the Employees Provident Fund and

Miscellaneous Provisions Act, 1952 (19 of

1952) or the Life Insurance Corporation of

India established under Section 3 of Life

Insurance Corporation Act, 1956 (31 of 1956),

or [The Oil and Natural Gas Corporation

Ltd. registered under the Companies Act,

1956 (1 of 1956)] or the deposit insurance or

credit guarantee corporation established

under Section 3 of the Deposit Insurance

and Credit Guarantee Corporation Act, 1961

(47 of 1961), or the Central Warehousing

Corporation established under Section 3 of

the Warehousing Corporations Act, 1962

(58 of 1962) or the Unit Trust of India

established under Section 3 of Unit Trust of

India Act, 1963, or the Food Corporation of

India established under Section 3, or a Board

of Management established for two or more

contiguous states under Section 16 of the

Food Corporations Act, 1964 (37 of 1964), or

[The Airports Authority of India constituted

under Section 3 of the Airport Authority of

India Act, 1994 (55 of 1994), or a Regional

Rural Bank established under Section 3 of

the Regional Rural Banks Act, 1976 (21 of

1976), or the Export Credit and Guarantee

Corporation Limited or the Indian

Reconstruction Bank of India Limited], [The

National Housing Bank established under

Section 4 of the National Housing Bank Act,

1987 (53 of 1987), or [An Air Transport

Service or a Banking or an Insurance

Company], a Mine, an Oil Field] [Cantonment

Board or a Major Port any company in which

not less than 51% of the paid up share

capital is held by the Central Government,

or any Corporation, not being a Corporation

referred to in this clause established by or

under any law made by parliament, or the

Central Public Sector Undertaking,

Subsidiary Companies set up by the

principle undertaking the autonomous

bodies owned or controlled by the Central

Government, the Central Government].

(ii) In relation to any other industrial dispute

including the State Public Sector

Undertaking, Subsidiaries Companies setup

by the principal undertakings an

autonomous bodies owned or controlled by

the State Government, the State Government:

Provided that in case of a dispute between

a contractor and the contract labour

employed through the contractor in any

industrial establishment where such dispute

first arose, the Appropriate Government

shall be the Central Government or the State

Government as the case may be, which has

control over such industrial establishment.

22. In the case in hand, the workman was

appointed as Master. The Employer is a private

limited company engaged in the business of

operation of barge. The barge is registered under

the Inland Vessels Act, 1917. As per the said Indian

Vessels Act, the barge is registered with the Dy.

Captain of Ports, Mormugao Harbour, which belongs

to the Government of Goa. The evidence on record

indicates that whenever there is an accident to

the barge, they have to report to the Dy. Captain

of Ports with a copy to the Captain of Ports. The

evidence on record indicates that the annual

competency certificate for operating the barge is

issued by Dy. Captain of Ports, however, the survey

report is signed by the captain of ports and that

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423

the barge cannot be operated without competency

certificate of the Dy. Captain of Ports. The evidence

on record indicates that the crew members are

appointed only after Captain of Ports issue the

necessary certificate. Thus, the aforesaid evidence

on record indicates that the State Government is

empowered to act as per the Inland Vessels Act,

1917. That apart the first witness of the Workman,

Shri Anthony Lobo in his affidavit in evidence

deposed that all the barges in the State of Goa are

registered with the Captain of Ports at the

registered office of the Captain of Ports, Panaji, Goa

and that the necessary certification for the

operation of barges in Goa are also issued by the

Captain of Ports of Goa. He further deposed that

necessary sea worthiness certificate to all barges

operating in Goa are also issued periodically by

the office of the Captain of Ports, Goa and the

movement of barges in Goa are also regulated and

controlled by the office of Captain of Ports Goa. He

further deposed that the necessary certificate of

competency to all masters, drivers and all types of

other crew employed on the barges in Goa are also

issued by the Captain of Ports Goa and that all the

taxes and other duties on the barges are levied

and collected by the office of Captain of Ports Goa.

He also deposed that all the barge owners

represented to their association has conceded and

submitted to the jurisdiction of State Labour

Commissioner and also for the last nearly two

decades the barge owners have been executing

memorandum of settlement in conciliation

proceedings held by the State Labour

Commissioner. Therefore, for all purposes, State

Government is the Appropriate Government in

respect of present dispute.

23. Ld. Adv. Shri Nigalye, appearing for the

Employer submitted that the barge of the Employer

was engaged in the transportation of ore from the

river point to Mormugao port, which is a major port

and the Appropriate Government in relation to the

major port is the Central Government, and relied

upon the judgment of Division Bench of Hon’ble

High Court of Bombay in the case of M/s

Sylvester & Co. (Supra). The said Judgment has

no relevance to the present case. Hence, it is held

that the Employer failed to prove that the

Government of Goa has no jurisdiction to make

present reference as the Appropriate Government

in the case of barge industry is the Central

Government. The issue No. 3B is therefore answered

in the negative.

24. Issue No. 1 and 2:

Undisputedly, the Workman was appointed by

the Employer as a ‘Master’ on its barge vide letter

dated 01-12-1998 (Exb.W-1) by waiving the

probationary period and confirmed w.e.f. 01-12-1998.

In terms of clause 5 of the said appointment letter

issued to the workman stated that normally the

barges in the Employer Company do not operate in

monsoon season i.e. during June, July, August and

September of each year. During such monsoon

period the workman would be paid a salary of

Rs. 7000/- p.m. since the barges would not be in

operation. However, in case the workman is called

on duty to operate the barge during such period,

then he would be entitled for salary @ Rs. 14000/-

p.m. for the period for which he actually worked.

In view of the aforesaid clause 5 of the appointment

letter issued to the workman, he is not be required

to be present for duties in the monsoon season i.e.

from June to September. The Employer however,

did not produce on record any documentary

evidence to suggest that the workman did not

report for work from 01-06-1999 though he was

called. The Employer also did not produce on record

any notice issued to the workman directing him to

report for duties failing which he would have been

treated as ‘abandoned his services’. During the

course of his cross-examination, the Managing

Director of the Employer Shri Shrikant Vaghalkar,

deposed that the workman was not specifically called

to attend his duty on the barge on 01-06-1999. No

notice of termination as stated in clause 9 of the

appointment letter at Exb. W-1 was issued to the

workman. Thus, it is held that the Employer failed

to prove that the workman did not report for work

from 01-06-1999 and hence, there was no question

of issuing notice of termination of services to him.

The issue No. 2 is answered in the negative.

25. The evidence on record indicates that the

Workman vide his letter dated 13-10-1999 (Exb.W-6)

addressed to the ALC, Vasco, Goa informed that

the Employer denied his salary as per the

appointment letter issued to him nor ready to take

him to work. Further evidence on record indicates

that the Workman vide its letter dated 25-11-1999

(Exb. W-8) addressed to the ALC, Vasco, Goa stated

that he was not allowed to work from the said

month orally in his office and in presence of ALC,

Vasco and the same amounts to refusal of

employment. The said refusal of employment to

the workman amounts to termination of his services

w.e.f. 01-10-1999. Thus, the aforesaid evidence on

record clearly indicates that the services of the

workman have been terminated by the Employer

w.e.f. 01-10-1999.

26. The evidence on record indicates that the

Workman was working with the Employer as a

permanent workman. The oral evidence of the

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424

workman indicates that on 01-10-1999 he reported

for duty, however, the proprietor of the Employer

told him that he had no faith in him and therefore

he would not allow him to report for duty. The

aforesaid action on the part of the Employer

amounts to refusal of employment to the workman

w.e.f. 01-10-1999. The evidence on record indicates

that no notice of termination was issued to the

workman nor held any enquiry against the

workman by issuing him charge-sheet. Hence, it is

held that the action of the Employer in terminating

services of the workman w.e.f. 01-10-1999 is illegal

and unjustified. The issue No. 1 is therefore answered

in the affirmative.

27. Issue. No. 4 and 5:

While deciding the issue No. 1 hereinabove, I

have discussed and come to the conclusion that

the action of the Employer in terminating services

of the workman w.e.f. 01-10-1999 is illegal and

unjustified. The workman in his claim statement

filed in the present proceeding stated that, since

he had his family to support and due to necessity,

he was compelled to take employment from

25-11-1999 purely on temporary basis and on lesser

salary. The evidence on record indicates that the

workman was working on barge owned by M/s.

Salgaonkar for some days. The evidence on record

indicates that the workman was also working for

Shree Damodar Shipping Lines Pvt. Ltd. wherever

he was called. The workman however, admitted

that the payment of vouchers dated 21-1-2003,

17-5-2003, 10-6-2004, 12-5-2005 and 6-4-2006 (Exb.

15 colly) of having received payment for the period

from May, 2004, April, 2005 and March, 2006. The

aforesaid evidence on record indicates that the

workman was gainfully employed from 25-11-1999.

The issue No. 4 is therefore, answered in the

affirmative.

28. The evidence on record indicates that the

date of birth of the workman is 25-05-1947. (Age as

on date is 72 years) as appears on his certificate

issued by the Dy. Captain of Ports. Thus, the

reinstatement in service for the workman is not

possible. However, taking into consideration the

entire facts and relevant circumstances of the

present matter, this court awards a lump sum

compensation of Rs. 3,00,000/- (Rupees three lakhs

only) to meet the ends of justice.

In view of the above, I pass the following order:

ORDER

1. It is held that the action of M/s. Datsun

Shipping Pvt. Ltd., in terminating services of

its workman, Shri Augustinho Da Costa, Barge

Master, w.e.f. 01-10-1999, is illegal and

unjustified.

2. It is further held that the Employer M/s.

Datsun Shipping Pvt. Ltd., Vasco-da-Gama, is

hereby directed to pay to the workman a lump

sum compensation of Rs. 3,00,000/- (Rupees

three lakhs only).

3. No order as to costs.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar)

Presiding Officer,

Labour Court-II.

________

Notification

No. 28/2/2019-LAB/Part-IV/560

The following award passed by the Labour

Court-II, at Panaji-Goa on 15-07-2019 in Case

No. LC-II/IT/10/15 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, 17th September, 2019.

______

THE LABOUR COURT-II

GOVERNMENT OF GOA AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. LC-II/IT/10/15

Shri Santan Mascarenhas,

R/o. H. No. 230,

Usgaon, Ponda-Goa.

…

Workman/Party-I

V/s

M/s. Goa Meat Complex Ltd.,

Marvasada, Usgaon-Goa.

…

Employer/Party-II

Party-I/Workman represented by Adv. Shri D. Naik.

Party-II/Employer represented by Adv. Shri J. Lobo.

Panaji, Dated: 15-07-2019.

AWARD

1. In exercise of the powers conferred by Clause

(c) 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 24-06-2015,

bearing No. 28/25/2015-Lab/627, referred the

following dispute for its adjudication to this Labour

Court II, Panaji-Goa.

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“(1)

Whether the action of M/s. Goa Meat

Complex Limited, Marvasada, Usgao, Goa, in

terminating the services of Shri Santan

Mascarenhas, Butcher/Worker, with effect

from 16-05-2013, is legal and justified?

(2)

If not, what relief, the Workman is entitled

to?”

2. On receipt of the reference, a case was

registered under No. LC-II/IT/10/15 and registered

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

to the said notice, the Workman/Party-I (for short,

‘the Workman’) filed his Statement of Claim on

20-08-2015 at Exhibit-5. The Workman stated that

he was employed with the Employer/Party-II (for

short “the Employer”) w.e.f. April, 2007 in the

capacity of ‘Butcher/Worker’ in its slaughter

operations. He stated that he was in continuous

service with the Employer from April, 2007. He

stated that his services were illegally terminated

by the Employer w.e.f. 16-05-2013 by its order dated

10-05-2013 on the ground that the Hon’ble High

Court of Bombay at Goa has passed an interim

order on 30-04-2013. He stated that by the said

order the Hon’ble High Court of Bombay at Goa

stated that the slaughter of animals in the abattoir

at GMCL has been kept in abeyance. He stated

that the division Bench of Hon’ble High Court of

Bombay at Goa has passed an order dated

26-06-2013 allowing the operation in the

establishment of the Employer. He stated that he

used to work even on Sundays and the Employer

used to pay him from petty cash and the accounts

department of the Employer used to take his

signature on the voucher. He stated that the said

vouchers are in power and possession of the

Employer. He stated that the Employer used to

make payment for working on Sundays apart from

his monthly salary.

3. He stated that he was shocked and shattered

that the Employer without following the principles

of natural justice and without his any fault abruptly

and illegally terminated his services with

immediate effect vide order dated 10-05-2013. He

submitted that the illegal and arbitrary action of

the Employer amounts to unfair labour practice.

He submitted that he made several requests to the

Employer to take him back in service but no heed

was paid to his request. He submitted that he is

now unemployed and has a dependent family to

support and is in great financial difficulty to meet

both the ends. He submitted that the arbitrary

action of the Employer is totally illegal, unjustified

and contrary to law and without following the

principles of natural justice. The Workman therefore

prayed that the action of the Employer in

terminating his services be declared as illegal and

unjustified and be reinstated him in service with

full back wages and continuity in service. The

workman also prayed for regularization of his

services.

4. The Employer resisted the claim of the

Workman by filing its written statement on

04-11-2015 at Exb.10. The Employer denied that

the workman was employed with them at its

establishment at Usgao, Ponda, Goa w.e.f. April,

2007 in the capacity of ‘Butcher/Worker’ in its

slaughter operations. The Employer stated that the

Workman has attempted to disguise himself as a

permanent employee, when in fact his services

were used in its establishment on a purely daily

rated basis as and when required. The Employer

denied that the workman was in continuous service

with them from April, 2007. The Employer stated

that the services of the workman were legally

terminated by them w.e.f. 16-05-2013 vide its order

dated 10-05-2013 due to the interim order of the

Hon’ble High Court of Bombay at Goa dated

30-04-2013. The Employer stated that the Hon’ble

High Court of Bombay at Goa vide its order dated

30-04-2013 directed them to suspend operation

within its premises. The Employer stated that the

said notice of termination dated 10-05-2013 is legal.

The Employer stated that as the workman was a

daily wage worker and his services were used only

as and when they were required by them and as

such the termination of services of the workman

was entirely valid. The Employer stated that

although the order of the Hon’ble High Court

of Bombay at Goa permitted them the

recommencement of operation in its premises,

operations were never begun due to renovation

work which began at its premises. The Employer

stated that the said renovation work is still

persisting on the present date. The Employer stated

that the Workman was daily wage worker, as

opposed to an employee and he was therefore not

entitled to a salary. The Employer stated that the

workman instead entitled to a daily wage, which

daily wage was consolidated and paid to him once

a month, only for those duration for which he was

appointed on contract. The Employer submitted

that the termination of services of a daily wage

worker does not require application of principles

of natural justice as such a termination is an

administrative action and not a judicial/quasi-

judicial action. The Employer admitted that they

used to maintain an attendance register manually

and then began to maintain the attendance register

via biometric register. The Employer denied the

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overall case as pleaded by the Workman and prayed

for dismissal of the present reference.

5. Thereafter, the Workman filed his rejoinder on

21-03-2016 at Exb.11. The Workman, by way of his

Re-joinder, confirms and reiterates all the

submissions and averments made by him in his

claim statement to be true and correct and denies

all the statements and averments made by the

Employer in the Written Statement, which are

contrary to the statements and averments made by

him. He stated that his father, Pedro Antonio

Mascarenhas was employed in the services of the

Employer and has expired on 09-07-2006 while in

the employment with the Employer. He stated

that his mother Mrs. Conceicao Fernandes e

Mascarenhas has made an application dated

07-10-2006 to the Employer under the harness

scheme to provide employment to him.

6. Based on the pleadings filed by the respective

parties, this court framed the following issues on

17-11-2016 at Exb. 16.

1. Whether the Workman/Party-I proves that he

was employed with the Employer/Party II

w.e.f. April, 2007 in the capacity of Butcher/

/Worker?

2. Whether the Workman/Party-I proves that the

action of the Employer/Party II in terminating

his services w.e.f. 16-05-2013 is illegal and

unjustified?

3. Whether the Workman/Party-I is entitled to

any relief?

4. What order? What award?

7. My findings to the aforesaid issues are as

under:

(a) Issue No. 1

:

In the Affirmative.

(b) Issue No. 2

:

In the Affirmative.

(c) Issue No. 3 & 4 :

As per final order.

I have heard the oral arguments of Ld. Adv. Shri

D. Naik, appearing for the Workman as well as

Ld. Adv. Shri J. Lobo, appearing for the Employer.

Ld. Adv. Shri D. Naik, appearing for the workman

chose to file synopsis of written arguments.

8. Ld. Adv. Shri D. Naik, appearing for the

workman, during the course of his oral arguments

submitted that the Workman was employed by the

Employer at its establishment at Usgao, Ponda, Goa,

w.e.f. April, 2007 in the capacity of ‘Butcher/Worker’.

He submitted that the workman was in continuous

service with the Employer from April, 2007 till his

services has been illegally terminated by the

Employer w.e.f. 16-05-2013 vide its order dated

10-05-2013. He submitted that before terminating

services of the workman, neither he was issued

any show-cause notices or charge-sheet, nor

conducted any enquiry. He submitted that the

services of the workman have been terminated on

the ground that the Hon’ble High Court of Bombay

at Goa had passed an interim order on 30-04-2013

wherein the slaughter of animals in the abattoir at

GMCL has kept in abeyance. He submitted that

the division bench of Hon’ble High Court of

Bombay at Goa had passed an order dated

26-06-2013 allowing the operation in the

establishment of the Employer. He submitted that

the workman had completed 240 days continuous

service in the preceding 12 months from the date

of his termination w.e.f. 16-05-2013. He submitted

that the services of the workman have been

terminated without giving him a one months’

notice or in lieu of pay of months’ notice

and without paying him any retrenchment

compensation, thereby violated Section 25-F of the

I.D. Act, 1947. He submitted that the Employer

had published an advertisement in the local

newspaper for the vacant post of butcher,

production helper/attendant. He submitted that

the aforesaid acts on the part of the Employer

amounts to violation of Section 25-G and Section

25-H of the I.D. Act, 1947. He therefore submitted

that the action of the Employer in terminating the

services of the Workman is illegal and unjustified.

In support of his oral contentions, he relied upon

three judgments, one in case of Director, Food and

Supplies, Punjab and others v/s Prakash Singh

and Ors., reported in 2012-III, LLJ 378 (P & H) of

Hon’ble High Court of Punjab and Haryana, second

in the case of Sanjeevan Gramin Vaidyakiya &

Samajik Sahayata Pratisthan through its

Chairman and Ors. v/s. Gorakhnath Popat

Bandhane and Ors., reported in 2012 (IV) LLJ 23

of Hon’ble High Court of Bombay and third in the

case of State of Gujrat v/s PWD and Forest

Employees Union and Ors., reported in 2019 1

CLR 862 of Hon’ble Supreme Court of India. He

submitted that the workman is unemployed from

the date of his illegal termination. He submitted

that since the workman was working with the

Employer since April, 2007 till the date of his

termination w.e.f. 16-05-2013, he may be reinstated

in service with full back wages and consequential

benefits thereof. He submitted that the Workman

was working on daily wage basis since the date of

his appointment from April, 2007 till the date of his

termination w.e.f. 16-05-2013 and hence, his services

shall be regularised. In support of his oral

contention, he relied upon three judgments of

Hon’ble Apex Court, one in the case of Sheo Narain

Nagar and Ors. v/s. State of Uttar Pradesh and

Anr., reported in (2018) 13 SCC 432, second in

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the case of ONGC Ltd. v/s. Petroleum Coal Labour

Union and Ors., reported in 2015 (4) ALL MR 476

(S.C.) and third in the case of State of Gujrat

v/s. PWD and Forest Employee Union and Ors.,

reported in 2019 CLR 862.

9. Per contra, Ld. Adv. Shri J. Lobo representing

the Employer, during the course of his oral

arguments submitted that the workman was

working with the Employer since April, 2007 in the

capacity of Butcher/Worker in its establishment on

a daily basis as and when required. He submitted

that the services of the workman was terminated

by them w.e.f. 16-05-2013 vide order dated

10-05-2013 due to the interim order of the Hon’ble

High Court of Bombay at Goa dated 30-04-2013

which directed them to suspend operations within

its premises. He submitted that as the workman

was appointed as daily wage worker and not its

employee permanent or otherwise, his services

was terminated by order dated 10-05-2013 w.e.f.

16-05-2013. He submitted that the services of the

workman was never regularised as he was not

qualified for any job with them. He submitted that

the termination order dated 10-05-2013 issued to

the workman is just, legal and proper. He submitted

that as the workman was working as daily wage

worker, he was not entitled for any retrenchment

compensation etc. as provided u/s 25-F of the

I.D. Act, 1947 nor required the application of

principles of natural justice. In support of his oral

submissions, he relied upon a judgment in the case

of State of Karnataka v/s. Uma Devi, reported in

(2006) 4 SCC 1 of Hon’ble Supreme Court of India.

REASONS:

10. Issue No. 1:

The burden was cast on the workman to prove

the issue No. 1. The Workman examined himself to

prove his case and produced on record certain

documentary evidence in support of his oral

evidence. The Workman produced on record copies

of extract of attendance register/muster roll

for the period from April, 2007 to March, 2013

(Exb.18-colly), copies of biometric attendance

record (Exb. 19-colly) and copies of extract of wage

register/salary statements for the period from April,

2007 till May, 2013 (Exb. 20-colly) in support of his

oral evidence. The said oral as well as documentary

evidence on record indicates that the workman

was working with the Employer in the capacity of

butcher/worker w.e.f. April, 2007 till termination of

his services w.e.f. 16-05-2013. It is therefore held

that the workman proved that he was employed

with the Employer w.e.f. April, 2007 in the capacity

of ‘butcher/worker’. The issue No. 1 is therefore

answered in the affirmative.

11. Issue No. 2:

While deciding the issue No. 1, I have discussed

and come to the conclusion that the Workman was

employed with the Employer in the capacity of

‘butcher/worker’ w.e.f. April, 2007. The evidence

on record indicates that the workman was

employed with the Employer continuously on daily

wage basis w.e.f. April, 2007 till his services

discontinued by the Employer to the effect from

16-05-2013 forenoon vide its order dated 10-05-2013

(Exb. 22).

12. In the case of Director, Food and Supplies,

Punjab and (supra), the Hon’ble High Court of

Punjab and Haryana has held as under:

“18. A conjoint and meaningful reading of these

provisions would reveal that even if a person

is engaged on daily wages and has completed

the continuous service as defined under Section

25-B, then, his services cannot be terminated

without following the statutory provisions of

Section 25-F of the Act, irrespective of the fact

that he was not appointed against a regular

post as alleged on behalf of the management.

Therefore, the contrary arguments of learned

counsel for the petitioner-management “stricto

sensu” liable to be and are hereby repelled

under the present set of circumstances.”

The principle laid down by the Hon’ble High

Court of Punjab and Haryana is well recognized

and it is applicable to the case in hand.

13. The Workman claimed that his services have

been terminated by the Employer by contending

to be illegal and arbitrary. Upon careful perusal of

the termination order issued to the workman dated

10-05-2013 (Exb. 22), it appears that the slaughter

of animals in the abattoir at GMCL has been kept

in abeyance, the services of the workman engaged

for slaughter operations stands discontinued to take

effect from 16-05-2013 forenoon. Thus, the services

of the workman have been terminated by the

Employer otherwise than as a punishment inflicted

by way of disciplinary action. The termination of

services of the workman amounts to retrenchment

as defined u/s. 2 (oo) of the I.D. Act, 1947. The

pre-condition for valid retrenchment has been

provided u/s 25-F of the I.D. Act, 1947. Retrenchment

of any worker requires the compliance of Section

25-B of the I.D. Act, 1947. The evidence on record

indicates that the workman has completed more

than 240 days of continuous service from the twelve

months preceding the date of his termination i.e.

16-05-2013. The evidence on record indicates that

the Workman has not been paid retrenchment

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compensation nor issued any notice nor paid one

month salary in lieu of notice. The workman has

produced on record copies of daily newspapers,

namely the Navhind Times, Gomantak and Tarun

Bharat all dated 23-03-2006 in which the

advertisement were published by the Employer,

calling for applications for the vacant post of

worker/butcher, production helper/attendant etc.

The workman has however, did not plead in his

pleadings or stated on oath that, after the

termination of his service, the employer recruited

other person in his place. Hence, it is held that the

workman failed to prove that his termination from

service is in violation of Section-25-H of the I.D.

Act, 1947. Hence, it is held that the action of the

Employer in retrenching the services of the

Workman w.e.f. 16-05-2013 is illegal and unjustified,

in violation of Sec. 25-F of the I. D. Act, 1947. The

issue No. 2 is therefore answered in the affirmative.

14. Issue No. 3:

While deciding the issue No. 2, I have discussed

and come to the conclusion that the action of the

Employer in terminating services of the Workman

w.e.f. 16-05-2013 is illegal and unjustified. The

evidence on record indicates that the Workman is

unemployed and have a dependent family to

support.

15. In the case of Sanjeevan Gramin Vaidyakiya

& Samajik Sahayata Pratisthan through its

Chairman and Ors.(supra), the Hon’ble High Court

of Bombay has held that “the respondent was

working as a Laboratory Assistant with the

Appellant and was working for more than five years.

His services were terminated without any show-

cause notice/memo, much less charges and

enquiry. The said termination was set aside by the

Labour Court, the respondent therefore filed the

present petition. The Hon’ble High Court observed

that the management had to disclose the material

on which it proceeded and give opportunity to the

employee before taking drastic action of

termination. The Hon’ble High court further held

as under:

“10. No work No wages” should be the formula.

It is not necessary in every matter that full

back wages should be provided and/or granted.

But in case like this and considering the facts

and circumstances, where the action of

termination as recorded is apparently in breach

of the basic principles of natural justice, there

is no reason even to interfere with the order of

back wages. In every matter through the

principle of full back wages need not be

followed but at the same time if the action if

illegal and in contravention of basic principles,

I see there is no reason that the order of back

wages as awarded need to be interfered with.

Apparently, the respondents and his family

suffered because of illegal action. Therefore,

taking over all view of the matter, no

interference is called for. The petition is

dismissed. Ad-interim order stands vacated.

No costs”.

The principle laid down by the Hon’ble High

Court of Bombay in its aforesaid case is not

applicable to the case in hand, as the facts of the

present case is different than the aforesaid case

before the Hon’ble High Court of Bombay.

16. The Hon’ble Apex Court, in its case of BSNL

v/s. Bhurumal, reported in 2013 (15) SCALE 131

has held as under:

“23. It is clear from the reading of the aforesaid

judgments that the ordinary principle of grant

of reinstatement with full back wages, when

the termination is found to be illegal is not

applied mechanically in all cases. While that

may be a position where services of a regular

permanent workman are terminated illegally

and or malafide and/or by way of victimization,

unfair labour practice etc. However, when it

comes to the case of termination of a daily

wage worker and where the termination is

found illegal because of procedural defect,

namely in violation of Section 25-F of the

Industrial Disputes Act, this court is consistent

in taking the view in such cases reinstatement

with back wages is not automatic and instead

the workman should be given monetary

compensation which will meet the ends of

justice. Rationale for shifting in this direction

is obvious.

24. Reasons for denying the relief of

reinstatement in such cases are obvious. It is

trite law that when the termination is found

to be illegal because of non-payment of

retrenchment compensation and notice pay as

mandatorily required under Section 25-F of

the Industrial Disputes Act, even after

reinstatement, it is always open to the

management to terminate the services of that

employee by paying him the retrenchment

compensation. Since, such a workman was

working on daily wage basis and even after he

is reinstated, he has no right to seek

regularization (see: State of Karnataka v/s Uma

Devi (2006) 4 SCC). Thus, when he cannot claim

regularization and he has no right to continue

even as a daily wage worker. No useful purpose

is going to be served in reinstating such a

workman and he can be given monetary

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

429

compensation by the court itself inasmuch as

if he is terminated again after reinstatement,

he would receive monetary compensation only

in the form of retrenchment compensation and

notice pay. In such a situation, giving the relief

of reinstatement that too after a long gap

would not serve any purpose.”

The Hon’ble Apex Court in its case of Telegraph

Department v/s. Santosh Kumar Seal, reported

in (2010) 6 SCC 773 also reiterated the same

principles.

The principle laid down by the Hon’ble Apex

Court is well recognized and also applicable to the

case in hand.

17. In the case in hand, the Workman was in the

employment of the Employer from April, 2007 till

16-05-2013 as daily wage worker. Applying the law

laid down by the Hon’ble Apex Court, it is held

that the workman is entitled to a lump sum

compensation of Rs. 100000/- (Rupees one lakh only)

in order to meet the ends of justice.

18. The workman also prayed for regularization

of his service. As the present reference has been

issued by the Government of Goa pertaining to the

legality and justifiability of the action of the

Employer in terminating services of the Workman

w.e.f. 16-05-2013 and the relief he is entitled to. It

is settled principle of law that this court cannot

expand the scope of the reference beyond the terms

of reference. The prayer of the workman for

regularization of his services stands rejected. The

judgment relied upon by Ld. Adv. Shri. D. Naik has

no relevance to the present reference.

In view of the above, I proceed to pass the

following order:

ORDER

1. It is held that the action of M/s. Goa Meat

Complex Limited, Marvasada, Usgao, Goa, in

terminating the services of Shri Santan

Mascarenhas, Butcher/Worker, with effect from

16-05-2013, is illegal and unjustified.

2. It is held that M/s. Goa Meat Complex Limited,

Marvasada, Usgao, Goa, is hereby directed to pay

to the Workman, Shri Santan Mascarenhas, a lump

sum compensation of Rs. 1,00,000/- (Rupees one

lakh only) in order to meet the ends of justice.

3. No order as to costs.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar)

Presiding Officer,

Labour Court-II.

Notification

No. 28/2/2019-LAB/Part-VI/561

The following award (Part) passed by the

Industrial Tribunal and Labour Court, at Panaji-Goa

on 13-08-2019 in reference No. IT/5/17 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, 17th September, 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/5/17

Workmen,

Rep. by the General Secretary,

Gomantak Mazdoor Sangh,

G-5, Macedo Apartments,

Tisk, Ponda-Goa.

…

Workmen/Party I

V/s

1. M/s. Majorda Beach Resort,

Majorda,

Salcete, Goa 403 713.

… Employer/Party II(1)

2. Eastern International

Hotels Ltd., Balray Sahani

Marg, Juhu Beach,

Mumbai-400 049.

… Employer/Party II(2)

Workmen/Party I represented by Ld. Adv. Shri S. P.

Gaonkar.

Employer/Party II(1) and (2) represented by Ld. Adv.

Shri M. S. Bandodkar.

AWARD (Part)

(Delivered on this the 13th day of the month

of August of the year 2019)

In exercise of the powers conferred by Clause (d)

of sub-section (1) of Section 10 of the Industrial

Disputes Act, 1947 (14 of 1947) (for short the Act),

the Government of Goa by Order dated 17-03-2017

bearing number 28/05/2017-LAB/141 has referred

the following dispute for adjudication.

“(1)

Whether S/Shri Yatin Chodenkar, Jose

Francisco Mories, Savio Dias, Vincent

Miranda, Ms. Candida D’Costa and

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

430

Ms. Diana Almeida, are workmen as defined

under Section 2(s) of the Industrial Disputes

Act, 1947 (Central Act 14 of 1947)?

(2)

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

the affirmative, then, whether the action of

the management of M/s. Majorda Beach

Resort, Majorda, Salcete, Goa, in terminating

the services of the above mentioned

workmen, with effect from 07-06-2016, is legal

and justified?

(3)

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

negative, then, what relief the workmen are

entitled to?

2. Upon receipt of the dispute reference

No. IT/05/17 was registered. Notices were issued to

both the parties under registered post, upon which

both the parties were served. Party I filed a claim

statement at Exb. 3. Party II filed a written statement

at Exb. 5.

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

they were illegally terminated by issuing unsigned

letters of termination after which they made a

representation dated 6-7-2016 stating that the

terminations were illegal, unjustified and bad in law.

The dispute of illegal termination was raised before

the Dy. Labour Commissioner, Margao after which

they have settled all other workmen except the

Party I workmen. The management has not issued

any chargesheet nor any enquiry was conducted

and hence violated principles of natural justice.

Hence, the dispute.

4. The Party II filed a written statement inter-alia

contending that no case has been made by Party I to

grant any reliefs as none of the persons mentioned

in the reference were working as workmen nor they

were covered under provisions of Section 2(s) of the

Industrial Disputes Act.

5. In the rejoinder at Exh. 6, the Party I have denied

the case set up by Party II in the written statement.

6. Based on the above averments of the respective

parties, issues came to be framed at Exh. 8.

7. In the course of further proceedings, Party I

workmen viz. Shri Jose Francisco Moraes, Mr. Savio

Dias, Ms. Candida D’Costa and Ms. Diana Almeida

represented by Shri P. Gaonkar and Party II

represented by Learned Adv. Shri M. S. Bandodkar

settled the matter amicably by filing the consent

terms dated 29-07-2019 along with payment receipts

at Exb. 33 colly, which reads as under:

a) It is agreed by and between the parties that

each concern person concerned in the

reference shall be paid following amount as

mentioned against their names in full and final

settlement of all their claims arising out of

settlement which shall include retrenchment/

/closure compensation as on 31-12-2018.

(1) Mr. Jose Francisco

… Rs. 3,02,096/-

Moraes

(2) Mr. Savio Dias

… Rs. 2,52,207/-

(3) Ms. Candida D’Costa

… Rs. 3,54,880/-

(4) Ms. Diana Almeida

… Rs. 2,84,720/-

b) That all other dues like leave salary, ex-gratia,

notice pay have been already paid to them by

letter dated 7-6-2016 and paid gratuity by

cheque Nos. 536281, 457776, 457773, 457775

dated 18-07-2016.

c) It is agreed by the persons concerned in the

reference that they accept money hereinabove

in full and final settlement of all their claims

arising out of their employment and they shall

have no claim against Majorda Beach Resort

or Eastern International Hotels Limited of

benefits which can be computed in terms

of money or claim of reinstatement or

re-employment.

d) It is agreed between the parties that this

application to be filed in Tribunal for disposing

their entire claim concerned in the reference

IT/5/17.

8. The above consent terms are signed by the

Party I workmen viz. Mr. Jose Francisco Moraes, Mr.

Savio Dias, Ms. Candida D’Costa, Ms. Diana Almeida

and their representative Shri P. Gaonkar, so also by

Shri Smith Fernandes, Sr. Deputy Manager Accounts

and his Advocate Shri M. S. Bandodkar on behalf of

the 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 Party I workmen

mentioned in Para 7 above, as well as Party II and

hence, the same are accepted.

9. In the result, I pass the following:

ORDER

(i) The reference stands partly disposed of in

view of the consent terms dated 29-07-2019

filed by the Party I workmen viz. Mr. Jose

Francisco Moraes, Mr. Savio Dias, Ms. Candida

D’Costa, Ms. Diana Almeida and Party II at

Exb. 33 colly.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

431

Office of the Commissioner, Labour & Employment

—

Order

No. 2/540/2019/EST/EE/491

In supersession to earlier orders, the following Officers/Officials are hereby appointed as Public

Information Officer and Assistant Public Information Officer for area shown against the name to deal with

the applications received from the public under the Right to Information Act, 2005.

Regional Employment Exchange, Goa

Sr.

Name of the Officer/

Public Information Officers/

Area of Operation

No.

Official & Designation

Assistant Public Information Officer

1

2

3

4

1.

Shri Bhalchandra U. Sinai Kenkre,

Public Information Officer

Throughout the State of Goa.

Employment Counselling Officer

2.

Shri Premjeet B. Naik Desai,

Assistant Public Information

Throughout the State of Goa.

Assistant Employment Officer

Officer

(In his absence)

Shri Cajitan Fernandes,

Assistant Employment Officer

Jayant G. Tari, Commissioner (Labour and Employment).

Panaji, 13th September, 2019.

———uuu———

Department of Law & Judiciary

Law (Establishment) Division

—

Notification

No. 12-14-2014-LD/Estt/1699

On the recommendation of the Hon’ble High

Court of Bombay, vide letter No. A.1218/2057/2019

dated 11-09-2019, Government of Goa is pleased to

appoint Ms. Vijaya V. Ambre, District Judge-1 and

Additional Sessions Judge, Mapusa, as the

President, Children’s Court, Panaji, for the State of

Goa with immediate effect.

The expenditure towards her salary and other

benefits shall be debited to the Budget Head of

Women & Child Development under Demand

No. 58.

By order and in the name of the Governor of

Goa.

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

Porvorim, 16th September, 2019.

Department of Personnel

—

Notification

No. 7/8/2016-PER(PART-I)/2369

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

dated 29-01-2019.

In exercise of the powers conferred by Article

316 of the Constitution of India read with

Regulation 5 of the Goa Public Service Commission

(Members and Staff) (Conditions of Service)

Regulations, 1988 and in review of the notification

read in preamble, the tenure of Shri Jose Manuel

Noronha, as Chairman, Goa Public Service

Commission shall be for six years, reckoned from

the date he entered his office as Chairman or until

he attains the age of sixty two years, whichever is

earlier.

By order and in the name of the Governor of

Goa.

Maya Pednekar, Under Secretary (Personnel-II).

Porvorim, 29th August, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

432

Department of Power

Office of the Chief Electrical Engineer

—

Order

No. CEE/Estt-31-25-88/GPSC/Part III(B)/Vol IV/1909

Read: Order CEE/Estt-31-25-88/GPSC/Part III(B)/Vol IV/1204 dated 12-07-2019.

Government is pleased to order with immediate effect posting of the officers promoted as Assistant

Engineer (Elect.) on regular basis.

Sr.

Name of the promottee Officer

Place of posting on promotion

No.

1

2

3

1. Shri V. D. S. Kuncoliencar, Diploma

Assistant Engineer, Division III, Ponda, vice Shri Prakash

Naik transferred.

2. Shri Damodar Bicu Tari, Diploma

Assistant Engineer (Tech.), Division XVII, Mapusa

against vacant post.

3. Shri Tilak Francisco Braganza, Diploma

Assistant Engineer (Tech.), Office of the Executive

Engineer (Planning), Panaji.

4. Shri Ramesh K. Mendonca, Diploma

Assistant Engineer (Elect.), Division III, Ponda against

vacant post.

5. Smt. Deepa Jayant Miringkar, Diploma

Assistant Engineer (Com.), Sub-Div. III, Division X, Ponda

against vacant post.

6. Shri Fentan O’Dourado, Diploma

Assistant Engineer (LTMT), Sub-Div. I, Division VIII (MRT),

Margao against vacant post with additional charge of

Assistant Engineer (HTMT Unit).

7. Shri Sydney D’souza Costa, Diploma

Assistant Engineer (Com.), Sub-Div. II, Division VI, Mapusa

vice Shri A. K. Chandran transferred.

8. Shri Dattaraj P. Naik, Degree

Assistant Engineer (Com.), Sub-Div. II, Division I, Panaji

vice Shri Nadim Baig transferred.

9. Shri Andre Joao Do P. S. Souza, Diploma

Assistant Engineer (Tech.), Division II (S&W), Margao

against vacant post.

10. Shri Vattu D. Sawant, Diploma

Assistant Engineer (Tech.), Division I, Panaji, vice

Shri Edwin Miranda transferred.

11. Shri Savio Benjamin Fernandes, Diploma

Assistant Engineer (Com.), Sub-Div. I, Division VI, Mapusa

vice Shri Maruti Shiroor, promoted.

12. Shri Angelo Vincent M. R. Alcaoes

Assistant Engineer (O&M), Sub-Division-I, Division XIV,

Rodrigues, Diploma

Verna, vice Ravikumar Bhat transferred.

13. Shri Govind Dulo Phadte, Diploma

Assistant Engineer (Shift Duty), Division-III, Ponda

against vacant post.

14. Shri Conception P. A. Alvares, Diploma

Assistant Engineer (Shift), Division-XII, Xeldem, vice

Shri Walter D’Souza transferred.

15. Smt. Shweta Anilkumar Naique Parulekar,

Assistant Engineer (Tech.), Division-VI, Mapusa, vice

Diploma

Shri Ashish Rajput transferred.

16. Kum. Dionisia Dias Juliao, Diploma

Assistant Engineer (CVC), Office of the Chief Electrical

Engineer, Panaji, vice Shri Vallabh Samant transferred.

17. Shri Sanjay P. Gaonkar, Diploma

Assistant Engineer (O&M), Sub-Division-III, Canacona,

Division-XVI, Margao, vice Shri Vinayak Mhalsekar

promoted.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

433

18. Shri Rajesh Purushattam Bhagat, Diploma

Assistant Engineer (O&M), Sub-Division-III, Division-X,

Ponda, vice Shri Arvind Dhavalikar transferred.

2. The above officers shall join immediately at the new place of posting within a period of seven days.

Any delay on part of concerned officers, they shall be responsible and answerable to the Government.

3. On promotion, the officers at Sr. No. 2, 8, 9, 11, 12, 16, 17 shall continue to hold the charge of the

post of Junior Engineer (Elect.), until further orders.

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

Reshma Mathew, Chief Electrical Engineer & ex officio Addl. Secretary.

Panaji, 16th September, 2019.

________

Order

No. CEE/Estt-31-25-88/GPSC/Part III(B)/Vol IV/1910

Read: Order CEE/Estt-31-25-88/GPSC/Part III(B)/Vol IV/1205 dated 12-07-2019.

Government is pleased to order with immediate effect posting of the officers promoted as Assistant

Engineer (Elect.) on officiating basis.

Sr.

Name of the promottee Officer

Place of posting on promotion

No.

1

2

3

1. Shri Sharad G. Naik, Diploma

Assistant Engineer (O&M), Sub-Division-II, Division

IV, Margao, vice Shri Pramod Naik, transferred.

2. Shri Bento Sabina Barreto, Diploma

Assistant Engineer (O&M), Sub-Division-IV, Division

VI, Mapusa, against vacant post.

3. Shri Savio Mervin Ferrao, Diploma

Assistant Engineer (Tech.), Division IX, Tivim,

against vacant post.

4. Shri Kavendra Shrikant Naik, Diploma

Assistant Engineer (O&M), Sub-Division-III, Division

IV, Margao, vice Shri Dinesh Mahale, transferred.

5. Shri Anil Tukaram Patil, Diploma

Assistant Engineer (Shift), Division-IX, Tivim,

against vacant post.

6. Shri Satish J. Palekar, Diploma

Assistant Engineer (O&M), Sub-Division-I, Division

X, Ponda, vice Shri P. P. Bharthan, transferred.

7. Shri Suraj N. Waghmode, Diploma

Assistant Engineer (O&M), Sub-Division-III, Division

XIV, Verna, vice Shri M. K. Mujwar, transferred.

8. Shri Nitin Ramesh Bhat Prabhu, Degree

Assistant Engineer (O&M), Sub-Division-II, Division

X, Ponda, vice Shri Keshav Gaude, transferred.

9. Shri George Fernandes, Diploma

Assistant Engineer (O&M), Sub-Division-II, Division

XVI, Margao, vice Shri Santosh Sawant, transferred.

10. Shri Agnelo Rodrigues, Diploma

Assistant Engineer (LTMT), Sub-Division-II, Division

VIII, Margao, Jacinta Mergulao transferred with

additional charge of the vacant post of LTMT, Sub-

Div-III, Mapusa.

11. Shri Balkrishna S. Naik, Diploma

Assistant Engineer (Shift), Sub-Division-II, Amona,

Division-IX, Tivim, vice Shri Suresh Sulebhavi,

transferred.

1

2

3

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

434

2. The above officers shall join immediately at the new place of posting within a period of seven days.

Any delay on part of concerned officers, they shall be responsible and answerable to the Government.

3. Promotion on officiating basis, the officers at Sr. Nos. 2, 3, 7, 11 shall continue to hold the charge

of the post of Junior Engineer (Elect.), until further orders.

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

Reshma Mathew, Chief Electrical Engineer & ex officio Addl. Secretary.

Panaji, 16th September, 2019.

________

Order

No. CEE/Estt-31-25-88/GPSC/Part-III(B)/Vol-IV/1911

On the recommendation of the Departmental Promotion Committee as conveyed by the Goa Public

Service Commission vide letter No. COM/II/11/16(1)/2019/120 dated 19-06-2019, the Government is pleased

to promote the following Junior Engineers (Elect.) to the post of Assistant Engineers (Elect.), Group ‘B’

Gazetted in the Pay Matrix Level 7 on regular basis, with immediate effect and posted at the places

shown below against their names until further orders.

Sr.

Name of the

Present place of

Place of posting on

No.

Officers

posting

promotion

1

2

3

4

1.

Shri Sandip N. Salgaonkar,

O/o the Executive Engineer,

Assistant Engineer (Tech.), Division

Diploma

Division VI, Mapusa

XVII, Mapusa.

2.

Shri M. H. Kamaladinni,

O/o the Executive Engineer,

Assistant Engineer (Tech.), Division-IV,

Diploma

Division IV, Margao

Margao, against vacant post

3.

Shri Pradeep J. Naik,

O/o the Executive Engineer,

Assistant Engineer (Elect.), Division XII,

Diploma

Division XII, Xeldem

Xeldem.

2. The above promotion is in pursuance to the recommendations of GPSC contained in para 8 of the

Minutes of DPC held on 18-06-2019 wherein the promotion to above officers are proposed to effect on

retirement of Shri Mahadevappa, Shri J. N. Revannasamy and Shri Dinkar A. Bandekar on superannuation

on 31-07-2019 & 31-8-2019.

3. The promote officers shall be on probation for a period of two years. They shall exercise an option

for fixation of pay under F.R-22(1) (a) (i) within one month from the date of promotion and shall be entitled

for the pay in the promotional post of Assistant Engineer (Elect.) from the date they accept the post.

4. The above promotion are subject to the decision of Writ Petition Nos. 945/2017 filed by Junior Engineer

Association and 986/2018 filed by Shri Kapil Natekar before the Hon’ble High Court of Bombay at Goa.

5. On promotion, they shall continue to hold the charge of the post of Junior Engineer (Elect.) until

further order in addition to their own duties.

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

Reshma Mathew, Chief Electrical Engineer & ex officio Addl. Secretary.

Panaji, 16th September, 2019.

———uuu———

Department of Public Health

—

Order

No. 2/50/98-II/PHD/1436

Government is pleased to accept the notice of

voluntary retirement dated 04-07-2019 tendered by

Dr. Sushama A. Bhonsule, Professor and Head,

Department of Pharmacology, Goa Medical College

under Rule 48 of CCS (Pension) Rules, 1972 and

relieve her from the post of Professor, Department

of Pharmacology in Goa Medical College w.e.f.

04-10-2019 (f.n.) i.e. on expiry of three months notice

period.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 18th September, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

435

Order

No. 7/23/2018-III/PHD/1445

Read: Memorandum No. 7/23/2018-III/PHD/761

dated 01-07-2019.

On the recommendations of the Goa Public

Service Commission as conveyed vide letter

No. COM/I/5/35(4)/2018/51 dated 02-05-2019,

Government is pleased to appoint Smt. Vinaya

Paresh Karpe to the post of Assistant Pharmaceutical

Chemist (Group “B” Non-Gazetted) in Level-6 of

Pay Matrix (Pre-revised-Pay Band-2 Rs. 9,300-34,800+

4200 Grade Pay) under the Institute of Psychiatry

& Human Behaviour with immediate effect as per

the terms and conditions contained in the

Memorandum cited above.

Smt. Vinaya Paresh Karpe shall be on probation

for a period of two years.

Smt. Vinaya Paresh Karpe has been declared

medically fit by the Medical Board. Her appointment

is made subject to the verification of her character

and antecedents. In the event of any adverse

matter noticed by the Government on verification

of character and antecedents, her services shall be

terminated.

The above appointment is made against the

vacancy occurred due to retirement of Smt. Mangala

Kadam, Assistant Pharmaceutical Chemist after

attaining the age of superannuation on 31-12-2018.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 20th September, 2019.

________

Order

No. 11/3/89-IV/PHD/3(Part I)/1451

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/II/11/14(1)/2011/185 dated 30-08-2019,

Government is pleased to promote Dr. Sapna Sada

Raut Dessai, Lecturer to the post of Assistant

Professor in Department of Oral Medicine &

Radiology (Oral Medicine & Oral Diagnosis) under

Goa Dental College & Hospital, on regular basis in

Level 11 of Pay Matrix of the 7th Pay Commission

(pre-revised PB-3 Rs. 15,600-39,100+Grade Pay

Rs. 6,600/-) and other allowance to be fixed as per

rules with immediate effect.

The promotion is made against the vacancy

occurred due to revival of post vide Order No. 4/1/

/2018-IV/PHD/4936 dated 25-01-2019.

By order and in the name of the Governor of

Goa.

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

Porvorim, 20th September, 2019.

________

Order

No. 11/3/89-IV/PHD(Part File)/1454

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/II/11/14(3)/2014/878 dated 29-08-2019,

Government is pleased to promote Dr. Karla

Carvalho, Lecturer to the post of Assistant Professor

in Department of Oral Pathology under Goa Dental

College & Hospital, on regular basis in Level 11 of

Pay Matrix of the 7th Pay Commission (pre-revised

PB-3 Rs. 15,600-39,100+Grade Pay Rs. 6,600/-) and

other allowance to be fixed as per rules with

immediate effect.

The promotion is made against the vacancy

occurred due to revival of post vide Order No. 4/1/

/2018-IV/PHD/4936 dated 25-01-2019.

By order and in the name of the Governor of

Goa.

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

Porvorim, 20th September, 2019.

________

Order

No. 10/11/91-I/PHD/2119

Read: Order No. 10/11/91-I/PHD dated 15-02-2016.

A tentative Seniority list in the grade of Chief Medical Officer under Directorate of Health Services

was drawn and circulated vide Memorandum dated 15-02-2016.

The representations received from the Officers have been examined and now, a final seniority list is

drawn in the grade of Chief Medical Officer under Directorate of Health Services, as under:-

Sr.

Name of the

Date of

Date of

Date of

Qualification

Remarks

No.

Doctor

Appointment

Joining

Birth

Order

1

2

3

4

5

6

7

1. Dr. Maximiano Alba Jose De Sa

21-03-2018

22-03-2018

24-01-1961

MBBS, MD

Retd. (VR).

(T. B. Chest)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 26

26TH SEPTEMBER, 2019

436

2. Dr. Vandana R. Dhume @ Gaunekar 21-03-2018

22-03-2018

09-03-1966

MBBS

3. Dr. Vikas P. Kuvelkar

21-03-2018

02-04-2018

29-11-1959

MBBS

4. Dr. Rupa Naik

21-03-2018

26-03-2018

03-07-1964

MBBS

5. Dr. Chandrakant Porob

21-03-2018

22-03-2018

19-08-1958

MBBS

6. Dr. Anant Palekar

21-03-2018

02-04-2018

20-06-1959

MBBS

7. Dr. Surekha Parulekar

21-03-2018

01-04-2018

17-05-1960

MBBS

8. Dr. Doreen Noronha

21-03-2018

01-04-2018

30-03-1960

MBBS

Swati A. Dalvi, Under Secretary (Health-II).

Porvorim, 16th September, 2019.

———uuu———

www.goaprintingpress.gov.in

Published and Printed by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE–Rs. 40.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—219/160–9/2019.

Directorate of Skill Development &

Entrepreneurship

—

Order

No. 2/171/2019/EST/SDCT/1597

Sanction is hereby conveyed to write-off the loss

due to theft of Government item which was in the

custody of Shri Hanuman Kalshaonkar, Ex-VI in the

year 2011 at Government ITI Pernem, amounting to

Rs. 9300/- (Rupees nine thousand three hundred

only) in respect of missing item i.e. old condemned

engine with gear box in terms of Rule 12(1),

Annexure V of the Goa Delegation of Financial

Power Rules, 2008.

By order and in the name of the Governor of

Goa.

Dipak Desai, Director and ex officio Joint

Secretary (Skill Development & Entrepreneurship).

Panaji, 20th September, 2019.

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