Panaji, 6th February, 2020 (Magha 17,1941)

SERIES II No. 45

805

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 Education, Art & Culture

Directorate of Art & Culture

__

Order

No. DAC/7/IMB/Part file/2019-20/6721

In exercise of power conferred under Clause 4(iii)

of the Rules & Regulation of Institute Menezes

Braganza, Panaji, the Government is pleased to

appoint Shri Digamber Atmaram Kankonkar,

Classic Apts., E-66/1, Katye Bhat, Ella, Old Goa,

Tiswadi-Goa, as Member Secretary of Institute

Menezes Braganza, Panaji-Goa with immediate

effect.

This issues with the approval of the Government

vide No. 2013 dated 24-01-2020.

By order and in the name of the Governor of

Goa.

Sagun R. Velip, Director & ex officio Joint

Secretary (Art & Culture).

Panaji, 3rd February, 2020.

———uuu———

Department of Fisheries

Directorate of Fisheries

—

Order

No. DF/ADMN/LOPP/CDV/DDF/2018/5282

Read:

Order No. DF/ADMN/PF/CDV/SOF/2012/

/1684 dated 08-07-2016.

On recommendation of the Departmental

Promotion Committee as conveyed by the Goa

Public Service Commission vide their letter

No. COM/II/12/20(1)/2013/334 dated 28-01-2020, the

Governor of Goa is pleased to lift the probation

period in respect of Shri Chandrakant Dhalo Velip,

to the post of Dy. Director of Fisheries (Group “A”

Gazetted) in Directorate of Fisheries in the pay

scale of PB-3 Rs. 15,600-39,100+Grade Pay Rs. 5,400/-

with immediate effect.

By order and in the name of the Governor of

Goa.

Dr. Shamila Monteiro, Director & ex officio Joint

Secretary (Fisheries).

Panaji, 31st January, 2020.

———uuu———

Department of Labour

—

Order

No. 28/3/2020-LAB/83

Whereas, the Government of Goa is of the

opinion that an industrial dispute exists between

the management of M/s. Goan Recreation Clubs

Private Limited (Strike Casino), situated at Grand

Hyatt Goa, Bambolim-Goa and it’s workman

Shri Aakash Navso Kadam, Sr. Surveillance

Officer-3, in respect of the matter specified in the

Schedule hereto (hereinafter referred to as the “said

dispute”);

And whereas, the Government of Goa considers

it expedient to refer the said dispute for

adjudication.

Now, therefore, 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) (hereinafter referred to as the “said

Act”), the Government of Goa hereby refers the

said dispute for adjudication to the Labour

Court-II of Goa at Panaji-Goa, constituted under

Section 7(1) of the said Act.

SCHEDULE

“(1)

Whether the action of the management of

M/s. Goan Recreation Clubs Private

Limited (Strike Casino), at Grand Hyatt Goa,

Note:-

There is one Extraordinary issue to the Official

Gazette, Series II No. 44 dated 30-01-2020 namely,

Extraordinary dated 05-02-2020 from pages 803

to 804 regarding Notification from Department

of Home.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

806

Bambolim, Goa, in refusing employment to

Shri Aakash Navso Kadam, Sr. Surveillance

Officer-3, with effect from 16-06-2019, is legal

and justified?

(2)

If not, to what relief the workman is

entitled?”.

By order and in the name of the Governor

of Goa.

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

Porvorim, 28th January, 2020.

________

Notification

No. 28/2/2020-LAB/Part-IV/66

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

23-12-2019 in reference No. IT/14/15 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, 21st January, 2020.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/14/15

The General Secretary,

Higher Secondary & College

Attendants Association of Goa,

F-6, Block 4, Galaxy Apartments,

Khorlim, Mapusa,

Goa 403 507.

… Workmen/Party I

V/s

1. Fr. Agnel Higher Secondary

School, Pilar,

Goa 403 203.

… Employer/Party II(1)

2. Directorate of Education,

Government of Goa,

Porvorim-Goa.

… Employer/Party II(2)

Workmen/Party I represented by Shri Subhash Naik

Jorge.

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

L. V. Palekar.

Employer/Party II(2) ex-parte.

AWARD

(Delivered on this the 23rd day of the month

of December, of the year 2019)

By Order dated 24-04-2015, bearing No. 28/52/

/2014-Lab/477, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of

Fr. Agnel Higher Secondary School, Pilar,

Goa, in refusing to concede the following

demands of the workmen, represented by the

Higher Secondary and College Attendants

Association of Goa, is legal and justified?

CHARTER OF DEMANDS

(i) Laboratory Attendants and Library

Attendants in Higher Secondary Schools

should be granted vacation as is granted

to the Laboratory Assistants and Librarian

every year as per rules.

(ii) Laboratory Attendants should be allotted

duties only in laboratories and Library

Attendants should be allotted duties only

in libraries as per rules.

(iii) The working hours for Laboratory

Attendants and Library Attendants should

be 6 hours and 30 minutes every day as

per rules. Beyond 6 hours and 30 hours

work, Laboratory Attendants and Library

Attendants should be paid overtime at the

rate of double the gross wages paid for

that day. This overtime should be paid

retrospective from the date of joining till

the date this issue is settled.

(iv) Laboratory Attendants and Library

Attendants should be treated as Group “C”

employees as per rules.

(v) Laboratory Attendants should be provided

Lab Coats and Lab Safety Shoes while at

work.

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

negative, then, what relief the workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/14/15 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exb. 6 and

Party II(1) filed written statement at Exh. 10.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

807

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

Party II(1) is a Higher Secondary School which has

been operating for last several decades managed

by the managing committee and is governed by

Goa Education Act and Rules and the orders of

Directorate of Education, Government of Goa. The

managing committee is the appointing authority

for all the teaching and non-teaching staff. The

Laboratory and Library Attendants have been

appointed by the Party II(1) and have been placed

under supervision and control of head of Higher

Secondary School. The Laboratory and Library

Assistants across 17 different Higher Secondary

Schools and Colleges have formed their Union and

they are the members of Higher Secondary and

College Attendants Association. The Party I have

raised a Charter of demands dated 4-11-2013 with

Directorate of Education and 17 Higher Secondary

Schools and Colleges. The Directorate of Education

in its reply dated 16-12-2013 stated that the

Association should approach their respective

employers for demands since they have been

appointed by the respective management. The

Association then raised a Charter of demands with

the Party II(1) vide letter dated 24-3-2014. The

Party II(1) did not reply to the Charter of demands

and as such the Party I approached the Labour

Commissioner for conciliation who requested the

Party II(1) to attend the conciliation proceedings

and as the Party II(1) refused to discuss the

demands, the Assistant Labour Commissioner

recorded a failure of the conciliation proceedings.

The demands raised by Party I are legal and

justified as per the Goa Education Act and Rules

and direction issued by the Government of Goa

from time to time. The action of the management

in rejecting the demands of the Party I is illegal

and unjustified. Hence, the reference.

4. The Party II(1) filed a written statement inter-

-alia contending that the Party I is not competent

to raise the dispute. The Charter of demands

was submitted by Association without any

authorization or support of the members. The

alleged dispute is not an industrial dispute as the

demands were not raised on the Party II. The

Industrial Tribunal is not the appropriate forum for

adjudicating the dispute. The terms of reference

does not include the State Government which is

the body that provides the grants for the payment

of wages and other monetary benefits to the

employees.

5. It is a matter of record that the Party II(1) has

filed an application for addition of Directorate of

Education, Government of Goa as Party to the

proceedings and as the Party I has given no

objection, Directorate of Education, Government of

Goa has been added as Party II(2). The Party II(2)

thereafter filed a written statement inter-alia

contending that the Chairman of the School

Managing Committee is the appointing authority

of the workmen in the higher secondary schools

concerned in Goa and they are governed by

Goa School Education Act, 1984 and Rules, 1986

and the circulars issued from time to time. The

Party I are not the employees of the Directorate of

Education and therefore the reference be

dismissed.

6. Issues that came to be framed at Exh. 13 are

as follows:

(1) Whether the Party I proves that the action

of Party II in refusing to concede their

demands mentioned in the schedule, is illegal

and unjustified?

(2) Whether Party II proves that the Industrial

Tribunal is not the appropriate forum for

adjudicating the dispute?

(3) What Relief? What Award?

7. It is a matter of record that the matter was

posted for evidence and during the course of

proceedings, Shri Subhash Naik Jorge for the

Party I has filed an application along with a Circular

dated 17-12-2019 issued by the Directorate of

Higher Education, Government of Goa at Exh. 15

colly stating that the Under Secretary (Higher

Education) issued the Circular fixing working hours

of 6.30 hrs. per day excluding lunch break for all

Educational Institutions observing 6 days a week

for Party I workmen i.e. Laboratory and Library

Attendants and that 6.30 hrs. per day has been

their demand and the same is acceptable to them

and that the Party I does not wish to pursue the

present reference pertaining to the working hours

and with regard to other demands, the Party I has

filed a Writ Petition No. 86/2019 in the Hon’ble

High Court of Bombay at Panaji, Goa Bench and

that they are pursuing those demands before other

authorities and hence, the Party I does not wish to

pursue the same before this authority and therefore

the matter may be closed. Needless to mention,

the above circular has been issued by Directorate

of Higher Education and not the Directorate of

Education, concerned in the present reference. Be

that as it may, it appears that the Party I workmen

are satisfied with the above circular. It also appears

that the Party I is not interested in pursuing the

matter for the reasons stated above. Therefore,

there remains no dispute, claim and/or demand of

whatsoever nature against each other in the

present reference.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

808

8. In view above, I pass the following:

ORDER

(i) The reference stands disposed of in terms

of the application at Exhibit 15 colly.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/2/2020-LAB/Part-IV/70

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

23-12-2019 in reference No. IT/36/16 is hereby

published as required under Section 17 of the

Industrial Disputes Act, 1947 (Central Act 14 of

1947).

By order and in the name of the Governor of

Goa.

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

Porvorim, 21st January, 2020.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/36/16

The General Secretary,

Higher Secondary & College

Attendants Association of Goa,

F-6, Block 4, Galaxy Apartments,

Khorlim, Mapusa,

Goa 403 507.

… Workmen/Party I

V/s

1. The Principal,

Smt. Chandrabhaga

Tukoba Naik Higher

Secondary School,

Curchorem,

Goa 403 706.

… Employer/Party II(1)

2. Directorate of Education,

Government of Goa,

Porvorim-Goa.

… Employer/Party II(2)

Workmen/Party I represented by Shri Subhash Naik

Jorge.

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

G. K. Sardessai.

Employer/Party II(2) ex-parte.

AWARD

(Delivered on this the 23rd day of the month

of December, of the year 2019)

By Order dated 24-8-2016, bearing No. 28/11/

/2016-LAB/652, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of

Smt. Chandrabhaga Tukoba Naik Higher

Secondary School, Curchorem, Goa, in

refusing to concede the following demands

raised by the Higher Secondary and College

Attendants Association of Goa, is legal and

justified?

CHARTER OF DEMANDS

(a) Laboratory Attendants and Library

Attendants in Higher Secondary Schools

should be granted vacation as is granted

to the Laboratory Assistants and Librarian

every year as per rules.

(b) Laboratory Attendants should be allotted

duties only in laboratories and Library

Attendants should be allotted duties only

in libraries as per rules.

(c) The working hours for Laboratory

Attendants and Library Attendants should

be 6 hours and 30 minutes every day as

per rules. Beyond 6 hours and 30 hours

work, Laboratory Attendants and Library

Attendants should be paid overtime at the

rate of double the gross wages paid for

that day. This overtime should be paid

retrospective from the date of joining till

the date this issue is settled.

(d) Laboratory Attendants and Library

Attendants should be treated as Group “C”

employees as per rules.

(e) Laboratory Attendants should be provided

Lab Coats and Lab Safety Shoes while at

work.

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

negative, then, what relief the workmen are

entitled to?”

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

809

2. Upon receipt of the reference, it was registered

as IT/36/16 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exb. 7 and

Party II(1) filed written statement at Exh. 8.

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

Party II(1) is a Higher Secondary School which has

been operating for last several decades managed

by the managing committee and is governed by

Goa Education Act and Rules and the orders of

Directorate of Education, Government of Goa. The

managing committee is the appointing authority

for all the teaching and non-teaching staff. The

Laboratory and Library Attendants have been

appointed by the Party II(1) and have been placed

under supervision and control of head of Higher

Secondary School. The Laboratory and Library

Assistants across 17 different Higher Secondary

Schools and Colleges have formed their Union and

they are the members of Higher Secondary and

College Attendants Association. The Party I have

raised a Charter of demands dated 4-11-2013 with

Directorate of Education and 17 Higher Secondary

Schools and Colleges. The Directorate of Education

in its reply dated 16-12-2013 stated that the

Association should approach their respective

employers for demands since they have been

appointed by the respective management. The

Association then raised a Charter of demands with

the Party II(1) vide letter dated 24-3-2014. The

Party II(1) did not reply to the Charter of demands

and as such the Party I approached the Labour

Commissioner for conciliation who requested the

Party II(1) to attend the conciliation proceedings

and as the Party II(1) refused to discuss the

demands, the Assistant Labour Commissioner

recorded a failure of the conciliation proceedings.

The demands raised by Party I are legal and

justified as per the Goa Education Act and Rules

and direction issued by the Government of Goa

from time to time. The action of the management

in rejecting the demands of the Party I is illegal

and unjustified. Hence, the reference.

4. The Party II(1) filed a written statement

inter-alia contending that the Party I is not

competent to raise the dispute. The Charter of

demands was submitted by Association without

any authorization or support of the members. The

alleged dispute is not an industrial dispute as the

demands were not raised on the Party II. The

Industrial Tribunal is not the appropriate forum for

adjudicating the dispute. The terms of reference

does not include the State Government which is

the body that provides the grants for the payment

of wages and other monetary benefits to the

employees.

5. It is a matter of record that the Party II(1) has

filed an application for addition of Directorate of

Education, Government of Goa as Party to the

proceedings and as the Party I has given no

objection, Directorate of Education, Government of

Goa has been added as Party II(2). The Party II(2)

thereafter filed a written statement inter-alia

contending that the Chairman of the School

Managing Committee is the appointing authority

of the workmen in the higher secondary schools

concerned in Goa and they are governed by Goa

School Education Act, 1984 and Rules, 1986 and

the circulars issued from time to time. The

Party I are not the employees of the Directorate

of Education and therefore the reference be

dismissed.

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

as follows:

(1) Whether the Party I proves that the action

of Party II in refusing to concede their

demands mentioned in the schedule, is

illegal and unjustified?

(2) What Relief? What Award?

7. It is a matter of record that the matter was

posted for evidence and during the course of

proceedings, Shri Subhash Naik Jorge for the

Party I has filed an application along with a Circular

dated 17-12-2019 issued by the Directorate of

Higher Education, Government of Goa at Exh. 12

colly stating that the Under Secretary (Higher

Education) issued the Circular fixing working hours

of 6.30 hrs. per day excluding lunch break for all

Educational Institutions observing 6 days a week

for Party I workmen i.e. Laboratory and Library

Attendants and that 6.30 hrs. per day has been

their demand and the same is acceptable to them

and that the Party I does not wish to pursue the

present reference pertaining to the working hours

and with regard to other demands, the Party I has

filed a Writ Petition No. 86/2019 in the Hon’ble

High Court of Bombay at Panaji, Goa Bench and

that they are pursuing those demands before other

authorities and hence, the Party I does not wish to

pursue the same before this authority and therefore

the matter may be closed. Needless to mention,

the above circular has been issued by Directorate

of Higher Education and not the Directorate of

Education, concerned in the present reference. Be

that as it may, it appears that the Party I workmen

are satisfied with the above circular. It also appears

that the Party I is not interested in pursuing the

matter for the reasons stated above. Therefore,

there remains no dispute, claim and/or demand of

whatsoever nature against each other in the

present reference.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

810

8. In view above, I pass the following:

ORDER

(i) The reference stands disposed of in terms

of the application at Exhibit 12 colly.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/2/2020-LAB/Part-IV/68

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

23-12-2019 in reference No. IT/03/17 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, 21st January, 2020.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/03/17

The General Secretary,

Higher Secondary & College

Attendants Association of Goa,

F-6, Block 4, Galaxy Apartments,

Khorlim, Mapusa,

Goa 403 507.

… Workmen/Party I

V/s

1. The Principal,

M/s. Shree Damodar Higher

Secondary School,

Gudi, Paroda,

Quepem, Goa 403 705. … Employer/Party II(1)

2. Directorate of Education,

Government of Goa,

Porvorim-Goa.

… Employer/Party II(2)

Workmen/Party I represented by Shri Subhash Naik

Jorge.

Employer/Party II(1) ex-parte.

Employer/Party II(2) ex-parte.

AWARD

(Delivered on this the 23rd day of the month

of December, of the year 2019)

By Order dated 17-02-2017, bearing No. 28/54/

/2016-LAB/70, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of

Shree Damodar Higher Secondary School,

Gudi, Paroda, Quepem, Goa in refusing to

concede the following demands raised by the

Higher Secondary and College Attendants

Association of Goa, is legal and justified?

CHARTER OF DEMANDS

(a) Laboratory Attendants and Library

Attendants in Higher Secondary Schools

should be granted vacation as is granted

to the Laboratory Assistants and Librarian

every year as per rules.

(b) Laboratory Attendants should be allotted

duties only in laboratories and Library

Attendants should be allotted duties only

in libraries as per rules.

(c) The working hours for Laboratory

Attendants and Library Attendants should

be 6 hours and 30 minutes every day as

per rules. Beyond 6 hours and 30 hours

work, Laboratory Attendants and Library

Attendants should be paid overtime at the

rate of double the gross wages paid for

that day. This overtime should be paid

retrospective from the date of joining till

the date this issue is settled.

(d) Laboratory Attendants and Library

Attendants should be treated as Group “C”

employees as per rules.

(e) Laboratory Attendants should be provided

Lab Coats and Lab Safety Shoes while at

work.

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

negative, then, what relief the workmen are

entitled to?”

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

811

2. Upon receipt of the reference, it was registered

as IT/03/17 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exb. 4 and

Party II(1) filed written statement at Exh. 10.

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

Party II(1) is a Higher Secondary School which has

been operating for last several decades managed

by the managing committee and is governed by

Goa Education Act and Rules and the orders of

Directorate of Education, Government of Goa. The

managing committee is the appointing authority

for all the teaching and non-teaching staff. The

Laboratory and Library Attendants have been

appointed by the Party II(1) and have been placed

under supervision and control of head of Higher

Secondary School. The Laboratory and Library

Assistants across 17 different Higher Secondary

Schools and Colleges have formed their Union and

they are the members of Higher Secondary and

College Attendants Association. The Party I have

raised a Charter of demands dated 4-11-2013 with

Directorate of Education and 17 Higher Secondary

Schools and Colleges. The Directorate of Education

in its reply dated 16-12-2013 stated that the

Association should approach their respective

employers for demands since they have been

appointed by the respective management. The

Association then raised a Charter of demands with

the Party II(1) vide letter dated 24-3-2014. The Party

II(1) did not reply to the Charter of demands and

as such the Party I approached the Labour

Commissioner for conciliation who requested the

Party II(1) to attend the conciliation proceedings

and as the Party II(1) refused to discuss the

demands, the Assistant Labour Commissioner

recorded a failure of the conciliation proceedings.

The demands raised by Party I are legal and

justified as per the Goa Education Act and Rules

and direction issued by the Government of Goa

from time to time. The action of the management

in rejecting the demands of the Party I is illegal

and unjustified. Hence, the reference.

4. The Party II(1) filed a written statement

inter-alia contending that the Higher Secondary

Staff are governed by Education Act and Rules

whereas College Attendants are governed by UGC

Rules and therefore association between both of

them cannot exist.

5. It is a matter of record that the Party II(1) has

filed an application for addition of Directorate of

Education, Government of Goa as Party to the

proceedings and as the Party I has given no

objection, Directorate of Education, Government of

Goa has been added as Party II(2). The Party II(2)

thereafter filed a written statement inter-alia

contending that the Chairman of the School

Managing Committee is the appointing authority

of the workmen in the higher secondary schools

concerned in Goa and they are governed by Goa

School Education Act, 1984 and Rules 1986 and

the circulars issued from time to time. The Party I

are not the employees of the Directorate of

Education and therefore the reference be

dismissed.

6. Issues that came to be framed at Exh. 11 are

as follows:

(1) Whether the Party I prove that the action of

Party II in refusing to concede their demands

mentioned in the schedule, is illegal and

unjustified?

(2) What Relief? What Award?

7. It is a matter of record that the matter was

posted for final arguments and during the course

of proceedings, Shri Subhash Naik Jorge for the

Party I has filed an application along with a Circular

dated 17-12-2019 issued by the Directorate of

Higher Education, Government of Goa at Exh. 30

colly stating that the Under Secretary (Higher

Education) issued the Circular fixing working hours

of 6.30 hrs. per day excluding lunch break for all

Educational Institutions observing 6 days a week

for Party I workmen i.e. Laboratory and Library

Attendants and that 6.30 hrs. per day has been

their demand and the same is acceptable to them

and that the Party I does not wish to pursue the

present reference pertaining to the working hours

and with regard to other demands, the Party I has

filed a Writ Petition No. 86/2019 in the Hon’ble

High Court of Bombay at Panaji, Goa Bench and

that they are pursuing those demands before other

authorities and hence, the Party I does not wish to

pursue the same before this authority and therefore

the matter may be closed. Needless to mention,

the above circular has been issued by Directorate

of Higher Education and not the Directorate of

Education, concerned in the present reference. Be

that as it may, it appears that the Party I workmen

are satisfied with the above circular. It also appears

that the Party I is not interested in pursuing the

matter, although evidence has been led, for the

reasons stated above. Therefore, there remains

no dispute, claim and/or demand of whatsoever

nature against each other in the present

reference.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

812

8. In view above, I pass the following:

ORDER

(i) The reference stands disposed of in terms

of the application at Exhibit 30 colly.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/2/2020-LAB/Part-II/71

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

23-12-2019 in reference No. IT/15/15 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, 21st January, 2020.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/15/15

The General Secretary,

Higher Secondary & College

Attendants Association of Goa,

F-6, Block 4, Galaxy Apartments,

Khorlim, Mapusa,

Goa 403 507.

… Workmen/Party I

V/s

S. S. Samiti’s Higher Secondary

School of Science,

Kavale,

Ponda, Goa 403 501.

… Employer/Party II

Workmen/Party I represented by Shri Subhash Naik

Jorge.

Employer/Party II ex-parte.

AWARD

(Delivered on this the 23rd day of the month

of December, of the year 2019)

By Order dated 24-04-2015, bearing No. 28/7/

/2015-Lab/478, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of

S. S. Samiti’s Higher Secondary School

of Science, Kavale, Ponda, Goa, in refusing

to concede the following demands of

its workmen, represented by the Higher

Secondary and College Attendants Association

of Goa, is legal and justified?

(i) Laboratory Attendants and Library

Attendants in Higher Secondary Schools

should be granted vacation as is granted

to the Laboratory Assistants and Librarian

every year as per rules.

(ii) Laboratory Attendants should be allotted

duties only in laboratories and Library

Attendants should be allotted duties only

in libraries as per rules.

(iii) The working hours for Laboratory

Attendants and Library Attendants should

be 6 hours and 30 minutes every day as

per rules. Beyond 6 hours and 30 hours

work, Laboratory Attendants and Library

Attendants should be paid overtime at the

rate of double the gross wages paid for

that day. This overtime should be paid

retrospective from the date of joining till

the date this issue is settled.

(iv) Laboratory Attendants and Library

Attendants should be treated as Group “C”

employees as per rules.

(v) Laboratory Attendants should be provided

Lab Coats and Lab Safety Shoes while at

work.

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

negative, then, what relief the workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/15/15 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exb. 6.

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

Party II is a Higher Secondary School which has

been operating for last several decades managed

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

813

by the managing committee and is governed by

Directorate of Education, Government of Goa. The

managing committee is the appointing authority

for all the teaching and non-teaching staff. The

Laboratory and Library Attendants have been

appointed by the Party II and have been placed

under supervision and control of head of Higher

Secondary School. The Laboratory and Library

Assistants across 17 different Higher Secondary

Schools and Colleges have formed their Union and

they are the members of Higher Secondary and

College Attendants Association. The Party I have

raised the Charter of demands dated 4-11-2013 with

Directorate of Education and 17 Higher Secondary

Schools and Colleges. The Directorate of Education

in its reply dated 16-12-2013 stated that the

Association suits approach their respective

employers for demands since they have been

appointed by the respective management. The

Association then raised a Charter of demands with

the Party II vide letter dated 24-3-2014. The

Party II did not replied to the Charter of demands

and as such the Party I approached the Labour

Commissioner for conciliation who requested the

Party II to attend the conciliation proceedings and

as the Party II refused to discuss the demands, the

Assistant Labour Commissioner recorded failure of

the conciliation proceedings. The demands raised

by Party I are legal and justified as per the Goa

Education Act and Rules and direction issued by

the Government of Goa from time to time. The action

of the management in rejecting the demands of

the Party I is illegal and unjustified. Hence, the

reference.

4. The Party II did not file any written statement

and as such they are marked ex-parte.

5. Issues that came to be framed at Exh. 8 are as

follows:

(1) Whether the Party I proves that the action

of Party II in refusing to concede their

demands mentioned in the schedule, is illegal

and unjustified?

(2) What Relief? What Award?

6. It is a matter of record that the matter was

fixed for final arguments and during the course of

proceedings, Shri Subhash Naik Jorge for the Party

I has filed an application along with a Circular

dated 17-12-2019 issued by the Directorate of

Higher Education, Government of Goa at Exh. 27

colly stating that the Under Secretary (Higher

Education) issued the above Circular fixing working

hours of 6.30 hrs. per day excluding lunch break

for all Educational Institutions observing 6 days a

week for Party I workmen i.e. Laboratory and Library

Attendants and that 6.30 hrs. per day has been

their demand and the same is acceptable to them

and that the Party I does not wish to pursue the

present reference pertaining to the working hours

and with regard to other demands, the Party I has

filed the Writ Petition No. 86/2019 in the Hon’ble

High Court of Bombay at Panaji, Goa Bench and

that they are pursuing those demands before other

authorities and hence the Party I does not wish to

pursue the same before this authority and therefore

the matter may be closed. It appears that the

Party I is not interested in pursuing the matter,

although evidence has been led, for the reasons

stated above. Therefore, there remains no dispute,

claim and/or demand of whatsoever nature against

each other in the present reference.

7. In view above, I pass the following:

ORDER

(i) The reference stands disposed of in terms

of the application at Exhibit 27 colly.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/2/2020-LAB/Part-V/72

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

23-12-2019 in reference No. IT/22/16 is hereby

published as required under Section 17 of the

Industrial Disputes Act, 1947 (Central Act 14 of

1947).

By order and in the name of the Governor of

Goa.

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

Porvorim, 21st January, 2020.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

814

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/22/16

The General Secretary,

Higher Secondary & College

Attendants Association of Goa,

F-6, Block 4, Galaxy Apartments,

Khorlim, Mapusa,

Goa 403 507.

… Workmen/Party I

V/s

1. Shri Ravi S. Naik College

of Arts and Science,

Farmagudi, Ponda,

Goa-403 401.

… Employer/Party II(1)

2. The Directorate of Higher Education,

Government of Goa,

Porvorim-Goa.

… Employer/Party II(2)

3. The Registrar,

Goa University,

Taleigao Plateau,

Bambolim, Goa.

… Employer/Party II(3)

Workmen/Party I represented by Shri Subhash Naik

Jorge.

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

G. K. Sardessai.

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

K. L. Bhagat.

Employer/Party II(3) represented by Ld. Adv. Shri

A. A. Agni.

AWARD

(Delivered on this the 23rd day of the month

of December, of the year 2019)

By Order dated 23-2-2016, bearing No. 28/58/

/2015-LAB/131, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of

Shri Ravi S. Naik College of Arts & Science,

Farmagudi, Ponda, Goa, in refusing to concede

the following Charter of Demands raised by

the Higher Secondary & College Attendants

Association of Goa, vide it’s letter dated

24-03-2014, is legal and justified?

CHARTER OF DEMANDS

(i) Laboratory Attendants and Library

Attendants in Higher Secondary Schools

should be granted vacation as is granted

to the Laboratory Assistants and Librarian

every year as per rules.

(ii) Laboratory Attendants should be allotted

duties only in laboratories and Library

Attendants should be allotted duties only

in libraries as per rules.

(iii) The working hours for Laboratory

Attendants and Library Attendants should

be 6 hours and 30 minutes every day as

per rules. Beyond 6 hours and 30 hours

work, Laboratory Attendants and Library

Attendants should be paid overtime at the

rate of double the gross wages paid for

that day. This overtime should be paid

retrospective from the date of joining till

the date this issue is settled.

(iv) Laboratory Attendants and Library

Attendants should be treated as Group “C”

employees as per rules.

(v) Laboratory Attendants should be provided

Lab Coats and Lab Safety Shoes while at

work.

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

negative, then, what relief the workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/22/16 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exb. 4, Party II(1)

filed a Written statement at Exh. 7.

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

Party II(1) is a College which has been operating

at Farmagudi for last several decades managed by

the managing committee and is governed by

Directorate of Education, Government of Goa. The

managing committee is the appointing authority

for all the teaching and non-teaching staff. The

Laboratory and Library Attendants have been

appointed by the Party II(1) and have been placed

under supervision and control of head of College.

The Laboratory and Library Assistants across 17

different Higher Secondary and Colleges have

formed their union and they are the members of

Higher Secondary and College Attendants

Association. The Party I have raised the Charter of

demands dated 4-11-2013 with Directorate of

Education and 17 Higher Secondary Schools and

Colleges. The Directorate of Education in its reply

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

815

dated 16-12-2013 stated that the Association should

approach their respective employers for demands

since they have been appointed by the respective

management. The Association then raised a Charter

of demands with the Party II(1) vide letter dated

24-3-2014. The Party II(1) did not reply to the Charter

of demands and as such the Party I approached

the Labour Commissioner for conciliation who

requested the Party II(1) to attend the conciliation

proceedings and as the Party II(1) refused to discuss

the demands, the Assistant Labour Commissioner

recorded a failure of the conciliation proceedings.

The demands raised by Party I are legal and

justified as per the Goa Education Act and Rules

and direction issued by the Government of Goa

from time to time. The action of the management

in rejecting the demands of the Party I is illegal

and unjustified. Hence, the reference.

4. In the Written statement, the Party II(1) has

claimed that the alleged dispute is not an industrial

dispute. The Industrial Tribunal is not the

appropriate forum to adjudicate the dispute. The

terms of reference does not include the State

Government which is the body that provides the

grant for payment of wages and other monetary

benefits to the employees. The College follows the

rules, regulation and service conditions prescribed

by the Higher Education and Goa University for its

teaching and non-teaching staff. The reference

therefore may be dismissed.

5. It is a matter of record that the Party II(1) has

filed an application for addition of Directorate of

Higher Education, Government of Goa and Goa

University to the present proceedings and as the

Party I had given no objection, Directorate of Higher

Education, Government of Goa and Goa University

have been added as Party II(2) and Party II(3)

respectively. The Party II(2) thereafter filed a

written statement inter-alia contending that in

terms of Office memorandum dated 21-11-2016 of

Department of Personnel, Government of Goa, the

posts of Laboratory Attendants and Library

Attendants, which were erstwhile group ‘D’ posts

are now classified as group ‘C’ and designated as

‘Multi Tasking Staff’ with the actual duties as

enumerated in the annexure and all the recruitment

rules and service rules of the Government are

applicable to the aided colleges which are fully

funded by the Government by way of salary grant

and maintenance grant. The duty hours of all ‘Multi

Tasking Staff’ being 7 ½ hours per day, the same is

applicable to the said posts of Laboratory

Attendants and Library Attendants. The Party II(3)

also filed pursis inter-alia contending that the

Party I workmen are not employees of Goa

University and Goa University is not an industry as

defined in Industrial Disputes Act and is

unconcerned about the adjudication of the dispute

before the Court.

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

as follows:

(1) Whether the Party I prove that the action of

Party II in refusing to concede their demands

mentioned in the schedule, is illegal and

unjustified?

(2) Whether the Party II proves that the Library

Attendants and Laboratory Attendants are

not the labour within the meaning of

Industrial Disputes Act, 1947 and therefore

no reference could be entertained by the

Tribunal?

(3) What Relief? What Award?

7. It is a matter of record that the matter was

posted for evidence of the Party I and during the

course of proceedings, Shri Subhash Naik Jorge for

the Party I has filed an application along with a

Circular dated 17-12-2019 issued by the Directorate

of Higher Education, Government of Goa at Exh. 20

colly stating that the Under Secretary (Higher

Education) issued the above Circular fixing working

hours of 6.30 hrs. per day excluding lunch break

for all Educational Institutions observing 6 days a

week for Party I workmen i.e. Laboratory and Library

Attendants and that 6.30 hrs. per day has been

their demand and the same is acceptable to them

and that the Party I does not wish to pursue the

present reference pertaining to the working hours

and with regard to other demands, the Party I has

filed the Writ Petition No. 86/2019 in the Hon’ble

High Court of Bombay at Panaji, Goa Bench and

that they are pursuing those demands before other

authorities and hence the Party I does not wish to

pursue the same before this authority and therefore,

the matter may be closed. It appears that the

Party I is not interested in pursuing the matter, for

the reasons stated above. Therefore, there remains

no dispute, claim and/or demand of whatsoever

nature against each other in the present reference.

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

ORDER

(i) The reference stands disposed of in terms

of the application at Exhibit 20 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. 45

6TH FEBRUARY, 2020

816

Notification

No. 28/2/2020-LAB/Part-IV/68

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

23-12-2019 in reference No. IT/23/15 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, 21st January, 2020.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/23/15

The General Secretary,

Higher Secondary & College

Attendants Association of Goa,

F-6, Block 4, Galaxy Apartments,

Khorlim, Mapusa,

Goa 403 507.

… Workmen/Party I

V/s

1. The Chairman,

Vidhya Prabhodini Higher

Secondary

School, Porvorim,

Goa 403 501.

… Employer/Party II(1)

2. Directorate of Education,

Government of Goa,

Porvorim-Goa.

… Employer/Party II(2)

Workmen/Party I represented by Shri Subhash Naik

Jorge.

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

Chawdikar.

Employer/Party II(2) ex-parte.

AWARD

(Delivered on this the 23rd day of the month

of December, of the year 2019)

By Order dated 02-07-2015, bearing No. 28/23/

/2015-Lab/674, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of

Vidhya Prabhodini Higher Secondary School,

Porvorim, Goa, in refusing to concede the

following demands raised by the Higher

Secondary

and

College

Attendants

Association of Goa, vide their letter dated

24-03-2014, is legal and justified?

CHARTER OF DEMANDS

(i) Laboratory Attendants and Library

Attendants in Higher Secondary Schools

should be granted vacation as is granted

to the Laboratory Assistants and Librarian

every year as per rules.

(ii) Laboratory Attendants should be allotted

duties only in laboratories and Library

Attendants should be allotted duties only

in libraries as per rules.

(iii) The working hours for Laboratory

Attendants and Library Attendants should

be 6 hours and 30 minutes every day as

per rules. Beyond 6 hours and 30 hours

work, Laboratory Attendants and Library

Attendants should be paid overtime at the

rate of double the gross wages paid for

that day. This overtime should be paid

retrospective from the date of joining till

the date this issue is settled.

(iv) Laboratory Attendants and Library

Attendants should be treated as Group “C”

employees as per rules.

(v) Laboratory Attendants should be provided

Lab Coats and Lab Safety Shoes while at

work.

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

negative, then, what relief the workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/23/15 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

the Party I filed a Claim statement at Exb. 7 and

the Party II(1) filed a Written statement at Exh. 10.

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

Party II is a Higher Secondary School operating in

Porvorim for the last several decades imparting

education to the students of class XI and XII and

managed by Managing Committee duly elected

from time to time and is governed by Goa Education

Act and Rules. The Party II has appointed

Laboratory and Library Attendants and are placed

under the supervision and control of head of higher

secondary school. The Laboratory and Library

Assistants across 17 different Higher Secondary

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

817

Schools and Colleges have formed their union and

the Laboratory and Library Assistants at Party II

are the members of the Association. The Party I

have raised a Charter of demands dated 4-11-2013

before the Directorate of Education and 17 of Higher

Secondary Schools and Colleges containing the

demands subject matter of the present reference.

The Directorate of Education in its reply dated

16-12-2013 claimed that an Association should

approach their respective employers for their

demands since they are been appointed by the

respective management. The Association then

raised Charter of demands with the Party II vide

letter dated 24-3-2014 and as the Party II did not

reply to the Charter of demands, the Party I

approached the Labour Commissioner for

conciliation and as the Party II refused to discuss

the demands, the Assistant Labour Commissioner

recorded the failure of conciliation proceedings.

The demands raised by Party I are legal and

justified and are as per Goa Education Act and

Rules and directions issued by the Government of

Goa from time to time. The act of the management

not to accede to the demands of the Party I is

unjust, unfair and unreasonable and is in

contravention of the Goa Education Act and Rules.

The Party I is entitled for the reliefs claimed.

4. The Party II(1) filed a written statement

inter-alia contending that the present reference is

based on erroneous premise, convoluted logic and

smacks of manipulation and is misleading and as

such it deserves to be rejected. The Party I workmen

have no locus standi to raise and pursue the present

matter.

5. It is a matter of record that the Party II(1) has

filed an application for addition of Directorate of

Education, Government of Goa as Party to the

proceedings and as the Party I has given no

objection, Directorate of Education, Government of

Goa has been added as Party II(2). The Party II(2)

thereafter filed a written statement inter-alia

contending that the Chairman of the School

Managing Committee is the appointing authority

of the workmen in the higher secondary schools

concerned in Goa and they are governed by Goa

School Education Act, 1984 and Rules, 1986 and

the circulars issued from time to time. The

Party I are not the employees of the Directorate of

Education and therefore the reference be dismissed.

6. Issues that came to be framed at Exh. 14 are

as follows:

(1) Whether the Party I proves that the action

of Party II in refusing to concede their

demands mentioned in the schedule, is

illegal and unjustified?

(2) Whether Party II proves that the Industrial

Tribunal is not the appropriate forum for

adjudicating the dispute?

(3) What Relief? What Award?

7. It is a matter of record that the matter was

posted for evidence and during the course of

proceedings, Shri Subhash Naik Jorge for the

Party I has filed an application along with a Circular

dated 17-12-2019 issued by the Directorate of

Higher Education, Government of Goa at Exh. 21

colly stating that the Under Secretary (Higher

Education) issued the Circular fixing working hours

of 6.30 hrs. per day excluding lunch break for all

Educational Institutions observing 6 days a week

for Party I workmen i.e. Laboratory and Library

Attendants and that 6.30 hrs. per day has been

their demand and the same is acceptable to them

and that the Party I does not wish to pursue the

present reference pertaining to the working hours

and with regard to other demands, the Party I has

filed a Writ Petition No. 86/2019 in the Hon’ble

High Court of Bombay at Panaji, Goa Bench and

that they are pursuing those demands before other

authorities and hence, the Party I does not wish to

pursue the same before this authority and therefore

the matter may be closed. Needless to mention,

the above circular has been issued by Directorate

of Higher Education and not the Directorate of

Education, concerned in the present reference. Be

that as it may, it appears that the Party I workmen

are satisfied with the above circular. It also appears

that the Party I is not interested in pursuing the

matter, although evidence has been led, for the

reasons stated above. Therefore, there remains

no dispute, claim and/or demand of whatsoever

nature against each other in the present

reference.

8. In view above, I pass the following:

ORDER

(i) The reference stands disposed of in terms

of the application at Exhibit 21 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. 45

6TH FEBRUARY, 2020

818

Notification

No. 28/2/2020-LAB/Part-V/73

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

23-12-2019 in reference No. IT/16/15 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, 21st January, 2020.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/16/15

The General Secretary,

Higher Secondary & College

Attendants Association of Goa,

F-6, Block 4, Galaxy Apartments,

Khorlim, Mapusa,

Goa 403 507.

… Workmen/Party I

V/s

1. The Chairman,

Shree Shantadurga Higher

Secondary

School, Bicholim,

Goa 403 504.

… Employer/Party II(1)

2. The Directorate of Education,

Government of Goa,

Porvorim-Goa.

… Employer/Party II(2)

Workmen/Party I represented by Shri Subhash Naik

Jorge.

Employer/Party II(1) ex-parte.

Employer/Party II(2) ex-parte.

AWARD

(Delivered on this the 23rd day of the month

of December, of the year 2019)

By Order dated 27-05-2015, bearing No. 28/10/

/2015-Lab/540, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of

Shree Shantadurga Higher Secondary School,

Bicholim, Goa, in not conceding the following

demands raised by the Higher Secondary and

College Attendants Association of Goa vide

its letter dated 24-03-2014, is legal and

justified?

CHARTER OF DEMANDS

(i) Laboratory Attendants and Library

Attendants in Higher Secondary Schools

should be granted vacation as is granted

to the Laboratory Assistants and Librarian

every year as per rules.

(ii) Laboratory Attendants should be allotted

duties only in laboratories and Library

Attendants should be allotted duties only

in libraries as per rules.

(iii) The working hours for Laboratory

Attendants and Library Attendants should

be 6 hours and 30 minutes every day as

per rules. Beyond 6 hours and 30 hours

work, Laboratory Attendants and Library

Attendants should be paid overtime at the

rate of double the gross wages paid for

that day. This overtime should be paid

retrospective from the date of joining till

the date this issue is settled.

(iv) Laboratory Attendants and Library

Attendants should be treated as Group “C”

employees as per rules.

(v) Laboratory Attendants should be provided

Lab Coats and Lab Safety Shoes while at

work.

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

negative, then, what relief the workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/16/15 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exb. 7 and

Party II(1) filed written statement at Exh. 11.

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

Party II(1) is a Higher Secondary School which has

been operating for last several decades managed

by the managing committee and is governed by

Goa Education Act and Rules and the orders of

Directorate of Education, Government of Goa. The

managing committee is the appointing authority

for all the teaching and non-teaching staff. The

Laboratory and Library Attendants have been

appointed by the Party II(1) and have been placed

under supervision and control of head of Higher

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

819

Secondary School. The Laboratory and Library

Assistants across 17 different Higher Secondary

Schools and Colleges have formed their Union and

they are the members of Higher Secondary and

College Attendants Association. The Party I have

raised a Charter of demands dated 4-11-2013 with

Directorate of Education and 17 Higher Secondary

Schools and Colleges. The Directorate of Education

in its reply dated 16-12-2013 stated that the

Association should approach their respective

employers for demands since they have been

appointed by the respective management. The

Association then raised a Charter of demands with

the Party II(1) vide letter dated 24-3-2014. The

Party II(1) did not reply to the Charter of demands

and as such the Party I approached the Labour

Commissioner for conciliation who requested the

Party II(1) to attend the conciliation proceedings

and as the Party II(1) refused to discuss the

demands, the Assistant Labour Commissioner

recorded a failure of the conciliation proceedings.

The demands raised by Party I are legal and

justified as per the Goa Education Act and Rules

and direction issued by the Government of Goa

from time to time. The action of the management

in rejecting the demands of the Party I is illegal

and unjustified. Hence, the reference.

4. The Party II(1) filed a written statement inter-

-alia contending that the present reference is based

on erroneous premise, convoluted logic and smacks

of manipulation and is misleading and as such it

deserves to be rejected. The Party I workmen have

no locus standi to raise and pursue the present matter.

5. It is a matter of record that the Party II(1) has

filed an application for addition of Directorate of

Education, Government of Goa as Party to the

proceedings and as the Party I has given no

objection, Directorate of Education, Government of

Goa has been added as Party II(2). The Party II(2)

thereafter filed a written statement inter-alia

contending that the Chairman of the School

Managing Committee is the appointing authority

of the workmen in the higher secondary schools

concerned in Goa and they are governed by Goa

School Education Act, 1984 and Rules, 1986 and

the circulars issued from time to time. The

Party I are not the employees of the Directorate of

Education and therefore the reference be

dismissed.

6. Issues that came to be framed at Exh. 16 are

as follows:

(1) Whether the Party I prove that the action of

Party II in not conceding their demands

mentioned in the schedule, is illegal and

unjustified?

(2) Whether Party II proves that the present

claim is not an ‘Industrial Dispute’ as defined

under Section 2(k) of the Industrial Disputes

Act, 1947?

(3) What Relief? What Award?

7. It is a matter of record that the matter was

posted for final arguments and during the course

of proceedings, Shri Subhash Naik Jorge for the

Party I has filed an application along with a Circular

dated 17-12-2019 issued by the Directorate of

Higher Education, Government of Goa at Exh. 35

colly stating that the Under Secretary (Higher

Education) issued the Circular fixing working hours

of 6.30 hrs. per day excluding lunch break for all

Educational Institutions observing 6 days a week

for Party I workmen i.e. Laboratory and Library

Attendants and that 6.30 hrs. per day has been

their demand and the same is acceptable to them

and that the Party I does not wish to pursue the

present reference pertaining to the working hours

and with regard to other demands, the Party I has

filed a Writ Petition No. 86/2019 in the Hon’ble

High Court of Bombay at Panaji, Goa Bench and

that they are pursuing those demands before other

authorities and hence, the Party I does not wish to

pursue the same before this authority and therefore

the matter may be closed. Needless to mention,

the above circular has been issued by Directorate

of Higher Education and not the Directorate of

Education, concerned in the present reference. Be

that as it may, it appears that the Party I workmen

are satisfied with the above circular. It also appears

that the Party I is not interested in pursuing the

matter for the reasons stated above. Therefore,

there remains no dispute, claim and/or demand of

whatsoever nature against each other in the

present reference.

8. In view above, I pass the following:

ORDER

(i) The reference stands disposed of in terms

of the application at Exhibit 35 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. 45

6TH FEBRUARY, 2020

820

Notification

No. 28/2/2020-LAB/Part-II/75

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

23-12-2019 in reference No. IT/52/16 is hereby

published as required under Section 17 of the

Industrial Disputes Act, 1947 (Central Act 14 of

1947).

By order and in the name of the Governor of

Goa.

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

Porvorim, 21st January, 2020.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/52/16

The General Secretary,

Higher Secondary & College

Attendants Association of Goa,

F-6, Block 4, Galaxy Apartments,

Khorlim, Mapusa,

Goa 403 507.

… Workmen/Party I

V/s

The Principal,

Guardian Angel Higher

Secondary School

Curchorem, Goa 403 706.

… Employer/Party II

Workmen/Party I represented by Shri Subhash Naik

Jorge.

Employer/Party II represented by Ld. Adv. Shri L. V.

Palekar.

AWARD

(Delivered on this the 23rd day of the month

of December, of the year 2019)

By Order dated 18-10-2016, bearing No. 28/12/

/2016-LAB/742, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of

Guardian Angel Higher Secondary School,

Curchorem, Goa, in refusing to concede

the following demands raised by the

Higher Secondary and College Attendants

Association of Goa, is legal and justified?

(a) Laboratory Attendants and Library

Attendants in Higher Secondary Schools

should be granted vacation as is granted

to the Laboratory Assistants and Librarian

every year as per rules.

(b) Laboratory Attendants should be allotted

duties only in laboratories and Library

Attendants should be allotted duties only

in libraries as per rules.

(c) The working hours for Laboratory

Attendants and Library Attendants should

be 6 hours and 30 minutes every day as

per rules. Beyond 6 hours and 30 hours

work, Laboratory Attendants and Library

Attendants should be paid overtime at the

rate of double the gross wages paid for

that day. This overtime should be paid

retrospective from the date of joining till

the date this issue is settled.

(d) Laboratory Attendants and Library

Attendants should be treated as Group “C”

employees as per rules.

(e) Laboratory Attendants should be provided

Lab Coats and Lab Safety Shoes while at

work.

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

negative, then, what relief the workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/52/16 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exb. 5 and the

Party II filed the written statement at Exh. 6.

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

Party II is a Higher Secondary School which has

been operating for last several decades managed

by the managing committee and is governed by

Directorate of Education, Government of Goa. The

managing committee is the appointing authority

for all the teaching and non-teaching staff. The

Laboratory and Library Attendants have been

appointed by the Party II and have been placed

under supervision and control of head of Higher

Secondary School. The Laboratory and Library

Assistants across 17 different Higher Secondary

Schools and Colleges have formed their Union and

they are the members of Higher Secondary and

College Attendants Association. The Party I have

raised the Charter of demands dated 4-11-2013 with

Directorate of Education and 17 Higher Secondary

Schools and Colleges. The Directorate of Education

in its reply dated 16-12-2013 stated that the

Association suits approach their respective

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

821

employers for demands since they have been

appointed by the respective management. The

Association then raised a Charter of demands with

the Party II vide letter dated 24-3-2014. The Party

II did not replied to the Charter of demands and

as such the Party I approached the Labour

Commissioner for conciliation who requested the

Party II to attend the conciliation proceedings and

as the Party II refused to discuss the demands, the

Assistant Labour Commissioner recorded failure of

the conciliation proceedings. The demands raised

by Party I are legal and justified as per the Goa

Education Act and Rules and direction issued by

the Government of Goa from time to time. The action

of the management in rejecting the demands of

the Party I is illegal and unjustified. Hence, the

reference.

4. The Party II(1) filed a written statement inter-

-alia contending that the Party I is not competent

to raise the dispute. The Charter of demands

was submitted by Association without any

authorization or support of the members. The

alleged dispute is not an industrial dispute as the

demands were not raised on the Party II. The

Industrial Tribunal is not the appropriate forum for

adjudicating the dispute. The terms of reference

does not include the State Government which is

the body that provides the grants for the payment

of wages and other monetary benefits to the

employees.

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

as follows:

(1) Whether the Party I prove that the action of

Party II in not conceding their demands

mentioned in the schedule, is illegal and

unjustified?

(2) Whether Party II proves that the Industrial

Tribunal is not the appropriate forum for

adjudicating the dispute?

(3) What Relief? What Award?

6. It is a matter of record that the matter was

fixed for evidence and during the course of

proceedings, Shri Subhash Naik Jorge for the

Party I has filed an application along with a Circular

dated 17-12-2019 issued by the Directorate of

Higher Education, Government of Goa at Exh. 9

colly stating that the Under Secretary (Higher

Education) issued the above Circular fixing working

hours of 6.30 hrs. per day excluding lunch break

for all Educational Institutions observing 6 days a

week for Party I workmen i.e. Laboratory and Library

Attendants and that 6.30 hrs. per day has been

their demand and the same is acceptable to them

and that the Party I does not wish to pursue the

present reference pertaining to the working hours

and with regard to other demands, the Party I has

filed the Writ Petition No. 86/2019 in the Hon’ble

High Court of Bombay at Panaji, Goa Bench and

that they are pursuing those demands before other

authorities and hence the Party I does not wish to

pursue the same before this authority and therefore

the matter may be closed. It appears that the

Party I is not interested in pursuing the matter for

the reasons stated above. Therefore, there remains

no dispute, claim and/or demand of whatsoever

nature against each other in the present reference.

7. In view above, I pass the following:

ORDER

(i) The reference stands disposed of in terms

of the application at Exhibit 9 colly.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/2/2020-LAB/Part-II/78

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

23-12-2019 in reference No. IT/22/15 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, 21st January, 2020.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/22/15

The General Secretary,

Higher Secondary & College

Attendants Association of Goa,

F-6, Block 4, Galaxy Apartments,

Khorlim, Mapusa,

Goa 403 507.

… Workmen/Party I

V/s

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

822

1. The Chairman.

St. Xavier College,

Mapusa, Goa-403 507 … Employer/Party II(1)

2. The Directorate of Hr. Education,

Government of Goa,

Porvorim-Goa

… Employer/Party II(2)

3. Goa University,

Taleigao, Goa.

… Employer/Party II(3)

Workmen/Party I represented by Shri Subhash Naik

Jorge.

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

Korgaonkar.

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

Shri K. L. Bhagat.

Employer/Party II(3) represented by Ld. Adv.

Shri A. A. Agni.

AWARD

(Delivered on this the 23rd day of the month

of December, of the year 2019)

By Order dated 02-07-2015, bearing No. 28/34/

/2015-Lab/676, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of St.

Xavier College, Mapusa, Goa, in refusing to

concede the following demands raised by the

Higher Secondary and College Attendants

Association of Goa, vide letter dated

24-03-2014, is legal and justified?

CHARTER OF DEMANDS

(i) Laboratory Attendants and Library

Attendants in Higher Secondary Schools

should be granted vacation as is granted

to the Laboratory Assistants and Librarian

every year as per rules.

(ii) Laboratory Attendants should be allotted

duties only in laboratories and Library

Attendants should be allotted duties only

in libraries as per rules.

(iii) The working hours for Laboratory

Attendants and Library Attendants should

be 6 hours and 30 minutes every day as

per rules. Beyond 6 hours and 30 hours

work, Laboratory Attendants and Library

Attendants should be paid overtime at the

rate of double the gross wages paid for

that day. This overtime should be paid

retrospective from the date of joining till

the date this issue is settled.

(iv) Laboratory Attendants and Library

Attendants should be treated as Group “C”

employees as per rules.

(v) Laboratory Attendants should be provided

Lab Coats and Lab Safety Shoes while at

work.

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

negative, then, what relief the workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/22/15 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exb. 7, Party II(1)

filed a Written statement at Exh. 18.

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

Party II(1) is a College which has been operating

at Mapusa for last several decades managed by

the managing committee and is governed by

Directorate of Education, Government of Goa. The

managing committee is the appointing authority

for all the teaching and non-teaching staff. The

Laboratory and Library Attendants have been

appointed by the Party II(1) and have been placed

under supervision and control of head of College.

The Laboratory and Library Assistants across 17

different Higher Secondary and Colleges have

formed their union and they are the members of

Higher Secondary and College Attendants

Association. The Party I have raised the Charter of

demands dated 4-11-2013 with Directorate of

Education and 17 Higher Secondary Schools and

Colleges. The Directorate of Education in its reply

dated 16-12-2013 stated that the Association suits

approach their respective employers for demands

since they have been appointed by the respective

management. The Association then raised a Charter

of demands with the Party II(1) vide letter dated

24-3-2014. The Party II(1) did not reply to the Charter

of demands and as such the Party I approached the

Labour Commissioner for conciliation who

requested the Party II(1) to attend the conciliation

proceedings and as the Party II(1) refused to discuss

the demands, the Assistant Labour Commissioner

recorded failure of the conciliation proceedings.

The demands raised by Party I are legal and

justified as per the Goa Education Act and Rules

and direction issued by the Government of Goa

from time to time. The action of the management

in rejecting the demands of the Party I is illegal

and unjustified. Hence, the reference.

4. In the Written statement, the Party II(1) has

claimed that the Party I are neither the labour/

/workmen nor they are entitled to maintain the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

823

reference before the Court. The Party II(1) is not

running any industrial activity and/or not industry

within the meaning of Industrial Disputes Act, 1947.

The reference therefore may be dismissed.

5. It is a matter of record that the Party II(1) has

filed an application for addition of Directorate of

Higher Education, Government of Goa and Goa

University to the present proceedings and as the

Party I had given no objection, Directorate of Higher

Education, Government of Goa and Goa University

have been added as Party II(2) and Party II(3)

respectively. The Party II(2) thereafter filed a

written statement inter-alia contending that in

terms of Office memorandum dated 21-11-2016 of

Department of Personnel, Government of Goa, the

posts of Laboratory Attendants and Library

Attendants, which were erstwhile group ‘D’ posts

are now classified as group ‘C’ and designated as

‘Multi Tasking Staff’ with the actual duties as

enumerated in the annexure and all the recruitment

rules and service rules of the Government are

applicable to the aided colleges which are fully

funded by the Government by way of salary grant

and maintenance grant. The duty hours of all ‘Multi

Tasking Staff’ being 7 ½ hours per day, the same is

applicable to the said posts of Laboratory

Attendants and Library Attendants. The Party II(3)

also filed pursis inter-alia contending that the

Party I workmen are not employees of Goa

University and Goa University is not an industry as

defined in Industrial Disputes Act and is

unconcerned about the adjudication of the dispute

before the Court.

6. Issues that came to be framed at Exh. 21 are

as follows:

(1) Whether the Party I proves that the action

of Party II in refusing to concede their

demands mentioned in the schedule, is illegal

and unjustified?

(2) Whether Party II proves that the Library

Attendants and Laboratory Attendants are

not the labour within the meaning of

Industrial Disputes Act, 1947 and therefore

no reference could be entertained by the

Tribunal?

(3) What Relief? What Award?

7. It is a matter of record that the matter was

fixed for evidence of the Party I and during the

course of proceedings, Shri Subhash Naik Jorge for

the Party I has filed an application along with a

Circular dated 17-12-2019 issued by the Directorate

of Higher Education, Government of Goa at Exh. 23

colly stating that the Under Secretary (Higher

Education) issued the above Circular fixing working

hours of 6.30 hrs. per day excluding lunch break

for all Educational Institutions observing 6 days a

week for Party I workmen i.e. Laboratory and Library

Attendants and that 6.30 hrs per day has been

their demand and the same is acceptable to them

and that the Party I does not wish to pursue the

present reference pertaining to the working hours

and with regard to other demands, the Party I has

filed the Writ Petition No. 86/2019 in the Hon’ble

High Court of Bombay at Panaji, Goa Bench and

that they are pursuing those demands before other

authorities and hence the Party I does not wish to

pursue the same before this authority and therefore

the matter may be closed. It appears that the Party

I is not interested in pursuing the matter, for the

reasons stated above. Therefore, there remains no

dispute, claim and/or demand of whatsoever nature

against each other in the present reference.

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

ORDER

(i) The reference stands disposed of in terms

of the application at Exhibit 23 colly.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/2/2020-LAB/Part-II/77

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

23-12-2019 in reference No. IT/11/17 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, 21st January, 2020.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

824

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/11/17

The General Secretary,

Higher Secondary & College

Attendants Association of Goa,

F-6, Block 4, Galaxy Apartments,

Khorlim, Mapusa,

Goa 403 507.

… Workmen/Party I

V/s

The Principal,

Pope John XXIII Higher

Secondary School, Quepem,

Goa 403 705.

… Employer/Party II

Workmen/Party I represented by Shri Subhash Naik

Jorge.

Employer/Party II represented by Ld. Adv. Ms. C.

Pereira.

AWARD

(Delivered on this the 23rd day of the month

of December, of the year 2019)

By Order dated 15-5-2017, bearing No. 28/55/

/2016-LAB/338, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of

M/s. Pope John XXIII Higher Secondary

School, Quepem, Goa, in refusing to concede

the following demands raised by the

Higher Secondary and College Attendants

Association of Goa vide their letter dated

28-09-2015, is legal and justified?

(a) Laboratory Attendants and Library

Attendants in Higher Secondary Schools

should be granted vacation as is granted

to the Laboratory Assistants and Librarian

every year as per rules.

(b) Laboratory Attendants should be allotted

duties only in laboratories and Library

Attendants should be allotted duties only

in libraries as per rules.

(c) The working hours for Laboratory

Attendants and Library Attendants should

be 6 hours and 30 minutes every day as

per rules. Beyond 6 hours and 30 hours

work, Laboratory Attendants and Library

Attendants should be paid overtime at the

rate of double the gross wages paid for

that day. This overtime should be paid

retrospective from the date of joining till

the date this issue is settled.

(d) Laboratory Attendants and Library

Attendants should be treated as Group “C”

employees as per rules.

(e) Laboratory Attendants should be provided

Lab Coats and Lab Safety Shoes while at

work.

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

negative, then, what relief the workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/11/17 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exb. 7 and the

Party II filed the written statement at Exh. 12.

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

Party II is a Higher Secondary School which has

been operating for last several decades managed

by the managing committee and is governed by

Directorate of Education, Government of Goa. The

managing committee is the appointing authority

for all the teaching and non-teaching staff. The

Laboratory and Library Attendants have been

appointed by the Party II and have been placed

under supervision and control of head of Higher

Secondary School. The Laboratory and Library

Assistants across 17 different Higher Secondary

Schools and Colleges have formed their Union and

they are the members of Higher Secondary and

College Attendants Association. The Party I have

raised the Charter of demands dated 4-11-2013 with

Directorate of Education and 17 Higher Secondary

Schools and Colleges. The Directorate of Education

in its reply dated 16-12-2013 stated that the

Association suits approach their respective

employers for demands since they have been

appointed by the respective management. The

Association then raised a Charter of demands with

the Party II vide letter dated 24-3-2014. The Party

II did not replied to the Charter of demands and as

such the Party I approached the Labour

Commissioner for conciliation who requested the

Party II to attend the conciliation proceedings and

as the Party II refused to discuss the demands, the

Assistant Labour Commissioner recorded failure of

the conciliation proceedings. The demands raised

by Party I are legal and justified as per the Goa

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

825

Education Act and Rules and direction issued by

the Government of Goa from time to time. The action

of the management in rejecting the demands of

the Party I is illegal and unjustified. Hence, the

reference.

4. In the Written statement, the Party II has

claimed that the demands of the Party I are

unjustified and not at all in tune with prevailing

situation and relationship the Party I workmen have

with the Party II. There is absolutely no strain or

any kind of harassment at the workplace and the

Party I workmen are treated as per their

designations and are enjoying cordial relationship

with the Party II and have never raised any

demands.

5. Issues that came to be framed at Exh. 12A are

as follows:

(1) Whether the Party I proves that the action

of Party II in refusing to concede their

demands mentioned in the schedule, is

illegal and unjustified?

(2) What Relief? What Award?

6. It is a matter of record that the matter was

fixed for evidence and during the course of

proceedings, Shri Subhash Naik Jorge for the

Party I has filed an application along with a Circular

dated 17-12-2019 issued by the Directorate of

Higher Education, Government of Goa at Exh. 20

colly stating that the Under Secretary (Higher

Education) issued the above Circular fixing working

hours of 6.30 hrs. per day excluding lunch break

for all Educational Institutions observing 6 days a

week for Party I workmen i.e. Laboratory and Library

Attendants and that 6.30 hrs. per day has been

their demand and the same is acceptable to them

and that the Party I does not wish to pursue the

present reference pertaining to the working hours

and with regard to other demands, the Party I has

filed the Writ Petition No. 86/2019 in the Hon’ble

High Court of Bombay at Panaji, Goa Bench and

that they are pursuing those demands before other

authorities and hence the Party I does not wish to

pursue the same before this authority and therefore

the matter may be closed. It appears that the Party

I is not interested in pursuing the matter, although

evidence has been led, for the reasons stated above.

Therefore, there remains no dispute, claim and/or

demand of whatsoever nature against each other

in the present reference.

7. In view above, I pass the following:

ORDER

(i) The reference stands disposed of in terms

of the application at Exhibit 20 colly.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/2/2020-LAB/Part-II/79

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

23-12-2019 in reference No. IT/25/15 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, 21st January, 2020.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/25/15

The General Secretary,

Higher Secondary & College

Attendants Association of Goa,

F-6, Block 4, Galaxy Apartments,

Khorlim, Mapusa,

Goa 403 507.

… Workmen/Party I

V/s

1. Shreedora Caculo College,

Mapusa, Goa-403 507 … Employer/Party II(1)

2. Directorate of Hr. Education,

Government of Goa,

Porvorim-Goa

… Employer/Party II(2)

3. Goa University,

Taleigao, Goa

… Employer/Party II(3)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

826

Workmen/Party I represented by Shri Subhash Naik

Jorge.

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

Shri R. Kolwalker.

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

Shri K. L. Bhagat.

Employer/Party II(3) represented by Ld. Adv.

Shri A. A. Agni.

AWARD

(Delivered on this the 23rd day of the month

of December, of the year 2019)

By Order dated 14-7-2015, bearing No. 28/37/

/2015-Lab/705, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of

Shreedora Caculo College, Mapusa, Goa, in

refusing to concede the following demands

raised by the Higher Secondary and College

Attendants Association of Goa, vide

letter dated 24-03-2014, is legal and

justified?

CHARTER OF DEMANDS

(i) Laboratory Attendants and Library

Attendants in Higher Secondary Schools

should be granted vacation as is granted

to the Laboratory Assistants and Librarian

every year as per rules.

(ii) Laboratory Attendants should be allotted

duties only in laboratories and Library

Attendants should be allotted duties only

in libraries as per rules.

(iii) The working hours for Laboratory

Attendants and Library Attendants should

be 6 hours and 30 minutes every day as

per rules. Beyond 6 hours and 30 hours

work, Laboratory Attendants and Library

Attendants should be paid overtime at the

rate of double the gross wages paid for

that day. This overtime should be paid

retrospective from the date of joining till

the date this issue is settled.

(iv) Laboratory Attendants and Library

Attendants should be treated as Group “C”

employees as per rules.

(v) Laboratory Attendants should be provided

Lab Coats and Lab Safety Shoes while at

work.

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

negative, then, what relief the workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/25/15 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exb. 5, Party II(1)

filed a Written statement at Exh. 9.

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

Party II(1) is a College which has been operating

at Mapusa for last several decades managed by

the managing committee and is governed by

Directorate of Education, Government of Goa. The

managing committee is the appointing authority

for all the teaching and non-teaching staff. The

Laboratory and Library Attendants have been

appointed by the Party II(1) and have been placed

under supervision and control of head of College.

The Laboratory and Library Assistants across 17

different Higher Secondary and Colleges have

formed their union and they are the members of

Higher Secondary and College Attendants

Association. The Party I have raised the Charter of

demands dated 4-11-2013 with Directorate of

Education and 17 Higher Secondary Schools and

Colleges. The Directorate of Education in its reply

dated 16-12-2013 stated that the Association suits

approach their respective employers for demands

since they have been appointed by the respective

management. The Association then raised a Charter

of demands with the Party II(1) vide letter dated

24-3-2014. The Party II(1) did not reply to the Charter

of demands and as such the Party I approached the

Labour Commissioner for conciliation who

requested the Party II(1) to attend the conciliation

proceedings and as the Party II(1) refused to discuss

the demands, the Assistant Labour Commissioner

recorded failure of the conciliation proceedings.

The demands raised by Party I are legal and

justified as per the Goa Education Act and Rules

and direction issued by the Government of Goa

from time to time. The action of the management

in rejecting the demands of the Party I is illegal

and unjustified. Hence, the reference.

4. In the Written statement, the Party II(1) has

claimed that the reference is not maintainable in

law and on facts. The claims put forward by the

Party I are barred by law of limitation and without

any cause of action and therefore the reference

may be dismissed.

5. It is a matter of record that the Party II(1) has

filed an application for addition of Directorate of

Higher Education, Government of Goa and Goa

University to the present proceedings and as the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

827

Party I had given no objection, Directorate of Higher

Education, Government of Goa and Goa University

have been added as Party II(2) and Party II(3)

respectively. The Party II(2) thereafter filed a

written statement inter-alia contending that in

terms of Office memorandum dated 21-11-2016 of

Department of Personnel, Government of Goa, the

posts of Laboratory Attendants and Library

Attendants, which were erstwhile group ‘D’ posts

are now classified as group ‘C’ and designated as

‘Multi Tasking Staff’ with the actual duties as

enumerated in the annexure and all the recruitment

rules and service rules of the Government are

applicable to the aided colleges which are fully

funded by the Government by way of salary grant

and maintenance grant. The duty hours of all ‘Multi

Tasking Staff’ being 7 ½ hours per day, the same is

applicable to the said posts of Laboratory

Attendants and Library Attendants. The Party II(3)

also filed pursis inter-alia contending that the Party

I workmen are not employees of Goa University

and Goa University is not an industry as defined in

Industrial Disputes Act and is unconcerned about

the adjudication of the dispute before the Court.

6. Issues that came to be framed at Exh. 19 are

as follows:

(1) Whether the Party I proves that the action

of Party II in refusing to concede their

demands mentioned in the schedule, is

illegal and unjustified?

(2) Whether Party II proves that the Library

Attendants and Laboratory Attendants are

not the labour within the meaning of

Industrial Disputes Act, 1947 and therefore

no reference could be entertained by the

Tribunal?

(3) What Relief? What Award?

7. It is a matter of record that the matter was

fixed for evidence of the Party I and during the

course of proceedings, Shri Subhash Naik Jorge for

the Party I has filed an application along with a

Circular dated 17-12-2019 issued by the Directorate

of Higher Education, Government of Goa at Exh. 21

colly stating that the Under Secretary (Higher

Education) issued the above Circular fixing working

hours of 6.30 hrs. per day excluding lunch break

for all Educational Institutions observing 6 days a

week for Party I workmen i.e. Laboratory and Library

Attendants and that 6.30 hrs. per day has been

their demand and the same is acceptable to them

and that the Party I does not wish to pursue the

present reference pertaining to the working hours

and with regard to other demands, the Party I has

filed the Writ Petition No. 86/2019 in the Hon’ble

High Court of Bombay at Panaji, Goa Bench and

that they are pursuing those demands before other

authorities and hence the Party I does not wish to

pursue the same before this authority and therefore

the matter may be closed. It appears that the

Party I is not interested in pursuing the matter, for

the reasons stated above. Therefore, there remains

no dispute, claim and/or demand of whatsoever

nature against each other in the present reference.

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

ORDER

(i) The reference stands disposed of in terms

of the application at Exhibit 21 colly.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

________

Notification

No. 28/2/2020-LAB/Part-II/76

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

23-12-2019 in reference No. IT/18/15 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, 21st January, 2020.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/18/15

The General Secretary,

Higher Secondary & College

Attendants Association of Goa,

F-6, Block 4, Galaxy Apartments,

Khorlim, Mapusa,

Goa 403 507.

… Workmen/Party I

V/s

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

828

The Chairman,

Harmal Panchkroshi Higher

Secondary School, Harmal,

Goa 403 512.

… Employer/Party II

Workmen/Party I represented by Shri Subhash Naik

Jorge.

Employer/Party II represented by Ld. Adv.

Shri Kewal Sawant.

AWARD

(Delivered on this the 23rd day of the month

of December, of the year 2019)

By Order dated 01-07-2015, bearing No. 28/22/

/2015-Lab/668, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management of

Harmal Panchkroshi Higher Secondary

School, Harmal, Goa, in refusing to concede

the following demands raised by the

Higher Secondary and College Attendants

Association of Goa, vide their letter dated

24-03-2014, is legal and justified?

CHARTER OF DEMANDS

(i) Laboratory Attendants and Library

Attendants in Higher Secondary Schools

should be granted vacation as is granted

to the Laboratory Assistants and Librarian

every year as per rules.

(ii) Laboratory Attendants should be allotted

duties only in laboratories and Library

Attendants should be allotted duties only

in libraries as per rules.

(iii) The working hours for Laboratory

Attendants and Library Attendants should

be 6 hours and 30 minutes every day as

per rules. Beyond 6 hours and 30 hours

work, Laboratory Attendants and Library

Attendants should be paid overtime at the

rate of double the gross wages paid for

that day. This overtime should be paid

retrospective from the date of joining till

the date this issue is settled.

(iv) Laboratory Attendants and Library

Attendants should be treated as Group “C”

employees as per rules.

(v) Laboratory Attendants should be provided

Lab Coats and Lab Safety Shoes while at

work.

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

negative, then, what relief the workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/18/15 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exb. 8 and

Party II filed a Written statement at Exh. 11.

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

Party II is a Higher Secondary School which has

been operating for last several decades managed

by the managing committee and is governed by

Directorate of Education, Government of Goa. The

managing committee is the appointing authority

for all the teaching and non-teaching staff. The

Laboratory and Library Attendants have been

appointed by the Party II and have been placed

under supervision and control of head of Higher

Secondary School. The Laboratory and Library

Assistants across 17 different Higher Secondary

Schools and Colleges have formed their Union and

they are the members of Higher Secondary and

College Attendants Association. The Party I have

raised the Charter of demands dated 4-11-2013 with

Directorate of Education and 17 Higher Secondary

Schools and Colleges. The Directorate of Education

in its reply dated 16-12-2013 stated that the

Association suits approach their respective

employers for demands since they have been

appointed by the respective management. The

Association then raised a Charter of demands

with the Party II vide letter dated 24-3-2014. The

Party II did not replied to the Charter of demands

and as such the Party I approached the Labour

Commissioner for conciliation who requested the

Party II to attend the conciliation proceedings and

as the Party II refused to discuss the demands, the

Assistant Labour Commissioner recorded failure of

the conciliation proceedings. The demands raised

by Party I are legal and justified as per the Goa

Education Act and Rules and direction issued by

the Government of Goa from time to time. The action

of the management in rejecting the demands of

the Party I is illegal and unjustified. Hence, the

reference.

4. In the Written statement, the Party II has

claimed that the Party I have no locus standi to

raise and pursue the present matter against the

Party II as the reference is bad in law and not

capable of adjudication according to law, which is

based on erroneous premise, convoluted logic and

smacks of manipulation. The present reference is

bad in law for non joinder of necessary party i.e.

Directorate of Education, so also the claim of the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

829

Party I workmen is not an industrial dispute as

defined under Section 2(k) of the Act.

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

as follows:

(1) Whether the Party I proves that the action

of Party II in refusing to concede their

demands mentioned in the schedule, is illegal

and unjustified?

(2) Whether Party II proves that the Industrial

Tribunal is not the appropriate forum for

adjudicating the dispute?

(3) What Relief? What Award?

6. It is a matter of record that the matter was

fixed for final arguments and during the course of

proceedings, Shri Subhash Naik Jorge for the

Party I has filed an application along with a Circular

dated 17-12-2019 issued by the Directorate of

Higher Education, Government of Goa at Exh. 45

colly stating that the Under Secretary (Higher

Education) issued the above Circular fixing working

hours of 6.30 hrs. per day excluding lunch break

for all Educational Institutions observing 6 days a

week for Party I workmen i.e. Laboratory and Library

Attendants and that 6.30 hrs. per day has been

their demand and the same is acceptable to them

and that the Party I does not wish to pursue the

present reference pertaining to the working hours

and with regard to other demands, the Party I has

filed the Writ Petition No. 86/2019 in the Hon’ble

High Court of Bombay at Panaji, Goa Bench and

that they are pursuing those demands before other

authorities and hence the Party I does not wish to

pursue the same before this authority and therefore

the matter may be closed. It appears that the

Party I is not interested in pursuing the matter,

although evidence has been led, for the reasons

stated above. Therefore, there remains no dispute,

claim and/or demand of whatsoever nature against

each other in the present reference.

7. In view above, I pass the following:

ORDER

(i) The reference stands disposed of in terms

of the application at Exhibit 45 colly.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

Notification

No. 28/2/2020-LAB/Part-V/74

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

10-01-2020 in reference No. IT/16/18 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, 21st January, 2020.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/16/18

Workmen,

Rep. by the General Secretary,

Gomantak Mazdoor Sangh,

G-5, Macedo Appt.,

Tisk, Ponda, Goa-403 401.

… Workmen/Party I

V/s

The Managing Director,

M/s. Tulip Diagnostic (P) Ltd.,

Plot No. 92/96, Phase 11-C,

Verna Industrial Estate,

Verna, Goa-403 722.

… Employer/Party II

Workmen/Party I represented by Shri P. Gaonkar.

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

S. Bandodkar.

AWARD

(Delivered on this the 10th day of the month

of January, of the year 2020)

By Order dated 29-11-2018, bearing No. 28/20/

/2018-LAB/758, the Government of Goa in exercise

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

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

has referred the following dispute to the Tribunal

for adjudication.

“(1) Whether the action of the management

of M/s. Tulip Diagnostics (P) Limited, Verna

Industrial Estate, Verna, Goa, in transferring

the workmen S/Shri Vishwanath Madkaikar,

Ankush Naik, Vishwas Gaude and Sandesh

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

830

Rane, Production Assistants to M/s. Zephyr

Biomedical, Verna Industrial Estate, Verna,

Goa, w.e.f. 24-10-2017 is legal and unjustified?

(2) If not, to what relief the workmen are

entitled?”

2. Upon receipt of the reference, it was registered

as IT/16/18 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a statement of claim at Exb. 5 and the

Party I filed the written statement at Exh. 8.

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

matter of Charter of demands was pending before

the Dy. Labour Commissioner, Margao and on

receipt of the notice, the officers of the Party II

started threatening and harassing the workmen as

they joined the Union and demanded settlement of

Charter of demands. The Party I has also raised the

dispute regarding non-payment of the bonus and

on receipt of the notice from the Assistant Labour

Commissioner, the Party II got annoyed and

transferred the active members of the Union. The

transfer order issued was malafide only to victimize

and harass the members of the union to do away

with the Party I as they have joined the Union.

4. In the written statement, the Party II has inter-

alia contended that the entire demand as contained

in the statement of claim is bad in law and not

maintainable. No service conditions were changed

and transfer from one location to another location

in the same Industrial estate was done due to

business exigencies. The Party I have not made out

any case for grant of relief and therefore, the

reference be rejected.

5. Issues that came to be framed at Exhibit 11

are as follows:

(1) Whether the Party I proves that the action

of Party II in transferring the workmen

S/Shri Vishwanath Madkaikar, Ankush Naik,

Vishwas Gaude and Sandesh Rane,

Production Assistants to M/s. Zephyr

Biomedical, Verna Industrial Estate, Verna,

Goa, w.e.f. 24-10-2017 is illegal, unjustified

and malafide?

(2) Whether the Party II proves that the

reference is bad in law and not maintainable

as stated in Para A, B & C of the written

statement.

(3) What Relief? What Order?

6. It is a matter of record that the Party I workmen

have filed an application at Exh. 13 stating that

the issue of transfer was resolved by them mutually

and they do not wish to contest the said dispute

and therefore ‘no dispute’ award be passed.

Learned Adv. Shri M. S. Bandodkar for the Party II

has accorded no objection for passing such an

award. It therefore appears that the Party I is not

interested in pursuing the matter for the reasons

stated in the above application. Therefore, there

remains no dispute, claim and/or demand of

whatsoever nature against each other in the

present reference.

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

ORDER

(i) The reference stands disposed of in terms

of the application filed by the Party I

workmen at Exhibit 13.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

———uuu———

Department of Personnel

__

Order

No. 5/22/2018-PER/358

Ex-post facto approval of the Government is

accorded for deputing Shri Kuldeep Arolkar, Under

Secretary, ARD for a 05 days DoPT, Trainer

Development Programme on “Direct Trainer Skill

(DTS)” Course from 13-01-2020 to 17-01-2020 at

GIPARD, Old Goa.

By order and in the name of the Governor

of Goa.

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

Porvorim, 29th January, 2020.

________

Order

No. 5/7/2014-PER/364

Read: Notification No. 22/01/2016-RD dated

30-05-2016.

Approval of the Government is accorded to

authorize the Collector, North Goa District and

Collector, South Goa District to designate Special

Land Acquisition Officer appointed by the

Government as Team Leader from the Junior Scale

of Goa Civil Service in terms of Clause 2.2 of the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

831

Policy on Procurement of land under Right to

Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act,

2013 for Direct Procurement of land to set up public

purposes projects on priority basis notified vide

notification read in preamble.

By order and in the name of the Governor

of Goa.

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

Porvorim, 29th January, 2020.

________

Order

No. 15/2/2019-PER/386

Read: 1) Order No. 15/2/2019-PER dated

11-11-2019.

2) Order No. 15/2/2019-PER dated

25-11-2019.

3) Order No. 15/2/2019-PER dated

20-12-2019.

4) Order No. 15/5/97-PER(Part)/282

dated 24-01-2020.

Ex-post facto approval of the Competent

Authority is accorded for the on job training of the

Officers in the cadre of Block Development Officer

w.e.f. 30-12-2019 to 24-01-2020.

The officers shall draw salary from the same

post against which they are posted vide order

read in the preamble at Sr. No. (4) from the date

mentioned against their name in the table

below:

Sr.

Name of officers

With effect

No.

from

1. Shri Siddesh Surya Kerkar

15-11-2019.

2. Shri Ashwin alias Sadashiv

11-12-2019.

Krishna Dessai

3. Shri Paritosh Ulhas Fal Dessai

18-11-2019.

4. Shri Gurudatta Pandurang Naik

14-11-2019.

(OBC)

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

Porvorim, 31st January, 2020.

________

Memorandum

No. 6/39/2016-PER/351

Read: 1) Order No. 6/16/2013-PER/Part dated 25-11-2014.

2) Order No. 6/16/2013-PER/Part dated 26-03-2015.

3) Order No. 6/16/2013-PER/Part dated 22-09-2015.

4) Order No. 6/16/2013-PER/Part/3880 dated 20-11-2015.

5) Order No. 6/8/2016-PER dated 04-08-2016.

6) Order No. 6/16/2013-PER/Part A/2461 dated 16-08-2016.

7) Order No. 6/4/2001-PER (Vol.I) dated 27-01-2016.

8) Addendum No. 6/4/2001-PER (Vol. I) dated 10-02-2016.

9) Order No. 5/7/2017-PER/3340 dated 08-11-2017.

10) Order No. 6/16/2013-PER/Part dated 21-04-2017.

11) Order No. 5/3/2017-PER dated 28-09-2017.

12) Order No. 5/7/2017-PER/2823 dated 12-09-2018.

13) Order No. 5/4/2017-PER/2749 dated 30-10-2018.

14) Order No. 5/4/2017-PER/2778 dated 31-10-2018.

15) Order No. 6/20/2016-PER/2956 dated 14-11-2018.

16) Memorandum No. 6/1/2015-PER dated 08-01-2019.

17) Memorandum No. 6/1/2015-PER/618 dated 20-02-2019.

18) Memorandum No. 6/39/2016-PER dated 21-02-2019.

19) Order No. 6/20/2016-PER/782 dated 07-03-2019.

20) Memorandum No. 6/39/2016-PER/1622 dated 10-06-2019.

Whereas, the seniority of Junior Scale Officers of Goa Civil Service as on 29-08-2011 was last finalized

vide Memorandum No. 6/1/2015-PER/618 dated 20-02-2019;

And whereas, the department had circulated tentative seniority list vide memorandum read in the

preamble at Sr. No. (18);

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

832

And whereas, based on the review DPC dated 01-10-2018, a fresh proposal was referred to GPSC to

review the DPC held on 18-11-2014. Pursuant to the said proposal, GPSC conducted a review DPC on

06-03-2019 based on which 07 additional Junior Scale Officers figuring in the order read in preamble at

Sr. No. (10) were promoted vide order read in preamble at Sr. No. (19) with due regards to the seniority

within their respective grading as on 18-11-2014;

And whereas, a fresh tentative seniority list of the Junior Scale Officers of Goa Civil Service was drawn

and circulated vide memorandum read in the preamble at Sr. No. (20);

And whereas, all the Junior Scale Officers were requested to scrutinize the list and to submit their

objections, with regards to seniority assigned to them;

And whereas, in the meantime some of the officers filed a Writ Petition No. 785/2019 relating to the

determination of inter-se seniority between direct recruits & promotees;

And whereas, the Hon’ble High Court vide its order dated 23-09-2019 disposed the petition with a

direction to decide all the objections and counter objections filed by the officers & to consider the Writ

Petition No. 785/2019 itself as objections while preparing the tentative seniority list;

Now therefore, after careful consideration of the objections received from the Officers & the contentions

raised by the Petitioners in the Writ Petition No. 785/2019, the final seniority list of Junior Scale Officers

of Goa Civil Service in continuation to the memorandum read in preamble at Sr. No. (17) is hereby

determined as follows:-

Sr.

Name of the officer

Date of

Direct/

Date of

Remarks

No.

Appointment

/Promotee

Birth

1

2

3

4

5

6

1. Shri Francisco X. L. Ferrao

25-11-2014

P

26-10-1961

—

—

2. Smt. Maya Pednekar

25-11-2014

P

21-08-1978

—

—

3. Smt. Neetal P. Amonkar

25-11-2014

P

16-05-1975

—

—

4. Shri Yeshwant D. Kamat Khadye

25-11-2014

P

11-11-1957

—

Retired.

5. Smt. Olga Menezes

25-11-2014

P

22-01-1959

—

Voluntarily

retired.

6. Smt. Sushma D. Kamat

25-11-2014

P

24-06-1962

—

—

7. Smt. Maria Seomara De Sousa

25-11-2014

P

29-08-1961

—

—

8. Shri Gaurish Shankhwalkar

25-11-2014

P

25-02-1975

—

—

9. Shri Arvind Khutkar

25-11-2014

P

02-07-1977

—

—

10. Shri Pipi T. Murgaonkar

25-11-2014

P

28-02-1961

—

—

11. Shri Sagun R. Velip

25-11-2014

P

22-04-1974

—

—

12. Shri Mahadev Araundekar

25-11-2014

P

19-05-1967

—

—

13. Shri Harish N. Adconkar

25-11-2014

P

30-05-1977

—

—

14. Smt. Sarita Sadashiv Marathe

25-11-2014

P

16-03-1974

—

—

alias Gadgil

15. Smt. Sangeeta Sakaram

25-11-2014

P

20-08-1977

—

—

Rawool alias Porob

16. Shri Umakant Nhanu Korkankar

25-11-2014

P

06-07-1962

—

—

17. Smt. Fransquinha Oliveira

25-11-2014

P

10-12-1974

—

—

18. Shri Paresh M. Fal Desai

25-11-2014

P

02-05-1974

—

—

19. Shri Sudhir S. Kerkar

25-11-2014

P

27-05-1974

—

—

20. Shri Amul Shrikant Gaonkar

25-11-2014

P

26-06-1979

—

Since deceased.

21. Shri Shankar Barkelo Gaonkar

25-11-2014

P

02-10-1980

—

—

22. Smt. Triveni Paik Velip

25-11-2014

P

28-04-1981

—

—

23. Dr. Geeta Suresh Nagvenkar

27-01-2016

D

09-03-1981

—

—

24. Shri Clen Madeira

27-01-2016

D

10-04-1985

—

—

25. Shri Rohit Ashok Kadam

27-01-2016

D

10-02-1986

—

—

26. Shri Akshay Gurunath Potekar

27-01-2016

D

25-02-1989

—

—

27. Smt. Neha Amey Naik Panvelkar

27-01-2016

D

11-11-1984

—

—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

833

28. Shri Vaibhav Ulhas Naik

27-01-2016

D

02-04-1990

—

Terminated vide

order No. ACB/

/VIG/M-02/2017/

/2374 dated

04-08-2017.

29. Shri Kapil Chandrakant Phadte

27-01-2016

D

17-02-1986

—

—

30. Shri Kedar Ashok Naik

27-01-2016

D

21-05-1984

—

—

31. Shri Prasad Gurudas Volvoikar

27-01-2016

D

03-09-1984

—

—

32. Shri Rohan Janardan Kaskar

27-01-2016

D

30-03-1986

—

—

33. Shri Deepesh Narayan Priolkar

27-01-2016

D

22-02-1987

—

—

34. Shri Taha Idrees Haaziq

27-01-2016

D

09-09-1984

—

—

35. Shri Ajay Ramchandra Gaude

27-01-2016

D

06-10-1987

—

—

36.* Smt. Sangeeta S. Naik

21-04-2017

P

06-12-1972

—

—

37. Shri Pundalik V. Khorjuekar

21-04-2017

P

30-05-1968

—

—

38. Shri Sudin A. Natu

21-04-2017

P

23-04-1977

—

—

39. Shri S. P. Signapurkar

21-04-2017

P

08-05-1958

—

Retired on

expiry of

extension period.

40. Smt. Ramakant Talkar

21-04-2017

P

01-05-1958

—

Retired.

41. Shri Vishant S. Naik Gaunekar

21-04-2017

P

17-09-1971

—

—

42. Shri Shashank V. Thakur

21-04-2017

P

22-06-1979

—

—

43. Smt. Anuja A. Naik Gaunkar

21-04-2017

P

13-07-1982

—

—

alias Fal Desai

44. Shri Manuel P. Barreto

21-04-2017

P

26-03-1967

—

—

45. Shri Diwan N. Rane

21-04-2017

P

25-01-1959

—

Retired.

46. Shri Satyavan Bhivshet

21-04-2017

P

12-03-1959

—

Retired.

47. Smt. Anita E. Fernandes

21-04-2017

P

23-01-1959

—

Retired.

48. Shri Shripad Arlekar

21-04-2017

P

08-11-1965

—

—

49. Shri Chandresh C. Kunkalkar

21-04-2017

P

14-03-1982

—

—

50. Shri Vishal C. Kundaikar

21-04-2017

P

25-01-1978

—

—

51. Smt. Smita S. Hede

05-09-2017

P

15-05-1958

—

Retired.

52. Shri Shashikant C. Bhamaikar

05-09-2017

P

29-08-1958

—

Retired.

53. Smt. Shaila G. Bhonsle

05-09-2017

P

20-04-1964

—

—

54. Smt. Bevinda Monteiro e Dias

05-09-2017

P

07-04-1958

—

Retired.

55. Smt. Georgina Saldhana

05-09-2017

P

07-07-1958

—

Retired.

56. Smt. Shivanee Borkar

05-09-2017

P

25-12-1968

—

—

57. Shri P. D. Halarnkar

05-09-2017

P

05-09-1960

—

—

58. Shri Gurudas S. T. Desai

05-09-2017

P

14-09-1968

—

—

59. Smt. Roshell Aurita Fernandes

05-09-2017

P

28-11-1980

—

—

60. Smt. Snehal Shivram Prabhu

05-09-2017

P

09-09-1981

—

—

61. Smt. Nathine Stevea Araujo

05-09-2017

P

16-08-1981

—

—

62. Smt. Trupti Manerikar

05-09-2017

P

14-09-1980

—

—

63. Shri Pravin Hire Parab

05-09-2017

P

03-11-1982

—

—

64. Shri Uday Rama Prabhu Dessai

05-09-2017

P

25-04-1965

—

—

65. Smt. Nayan Moroscar

05-09-2017

P

13-10-1964

—

—

66. Shri Navnath K. Naik

05-09-2017

P

01-12-1960

—

—

67. Smt. Milan Kankonkar @ Deepti

05-09-2017

P

18-05-1960

—

—

Kankonkar

68. Shri Vivek Krishna Naik

08-11-2017

D

16-09-1985

—

—

69. Shri Kuldeep Ulhas Arolkar

12-09-2018

D

27-02-1995

—

—

70. Shri Sachin Santosh Desai

12-09-2018

D

06-04-1992

—

—

71. Shri Premraj Krishnanath

12-09-2018

D

04-11-1991

—

—

Shirodkar

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

834

72. Shri Pranab Gajanan Bhat

12-09-2018

D

10-05-1992

—

—

73. Shri Kabir Krishna Shirgaonkar

12-09-2018

D

08-06-1982

—

—

74. Shri Sagar Babuli Gaude

12-09-2018

D

04-02-1984

—

—

75. Dr. Pooja M. Madkaikar

31-10-2018

D

15-08-1983

—

—

76. Shri Vikas S. Kamble

30-10-2018

D

01-06-1985

—

—

77. Ms. Fiona Audrey Cardozo

30-10-2018

D

07-04-1985

—

—

78. Shri Nilesh Kushta Dhaigodkar

30-10-2018

D

13-06-1976

—

—

79. Shri Pritidas Upasso Gaonkar

30-10-2018

D

06-10-1981

—

—

80. Shri Mangaldas Budho Gaonkar

30-10-2018

D

15-02-1990

—

—

*The seniority of officers from Sl. No. 36 onwards shall be subject to the recommendations of the review

DPCs to be held in view of the review DPC dated 06-03-2019 in Junior Scale of Goa Civil Service.

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

Porvorim, 28th January, 2020.

________

Corrigendum

No. 15/2/2020-PER/378

Read: Order No. 15/2/2020-PER dated 14-01-2020.

In the third para of the order read in the preamble, the words “Joint Mamlatdar-II, Sanguem” shall be

substituted to read as “Joint Mamlatdar-II, Quepem”.

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

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

Porvorim, 30th January, 2020.

———uuu———

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Department of Public Health

__

Order

No. 44/25/2017-I/PHD/235

Read: Memorandum No. 44/25/2017-I/PHD/2691

dated 04-12-2019.

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/I/5/24(1)/2019/1112 dated 15-10-2019,

Government is pleased to appoint Dr. Varsha

Bhamaikar to the post of Medical Officer (Group

“A” Gazetted) in the Pay Matrix under Level 10

under the Directorate of Health Services with

immediate effect as per the terms and conditions

contained in the Memorandum cited above.

Dr. Varsha Bhamaikar shall be on probation for

a period of two years from the date of her joining.

Dr. Varsha Bhamaikar has been medically

examined by the Medical Board and found fit. The

appointment is made subject to the verification of

her character and antecedents. In the event of any

adverse matter being noticed by the Government

on verification of her character and antecedents,

her services shall be terminated.

Dr. Varsha Bhamaikar is posted at Primary Health

Centre, Curtorim.

By order and in the name of the Governor of

Goa.

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

Porvorim, 29th January, 2020.

________

Notification

No. 13/10/2007-I/PHD (Part-III)/209

In exercise of the powers conferred by

sub-section (1) of Section 20 of the Drugs and

Cosmetics Act, 1940 (Central Act 23 of 1940), the

Government of Goa hereby appoints Smt. Medha

S. Tarcar Pednekar, Junior Scientific Officer

(Drugs) of the Directorate of Food and Drugs

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

835

Administration, Government of Goa, Bambolim to

be Government Analyst, for the whole of the

State of Goa, in respect of all classes of drugs and

cosmetics, except the drugs specified at serial

Nos. 1 to 7, 13 and 14 of the Schedule C to the

Drugs and Cosmetics Rules, 1945.

This Notification shall come into force on the

date of its publication in the Official Gazette.

By order and in the name of the Governor of

Goa.

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

Porvorim, 28th January, 2020.

———uuu———

Department of Urban Development

Municipal Administration

__

Order

No. 1/03/DMA/ADMN/RTI/3508

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

2. No. 1/03/DMA/Admn/2350 dated 14-11-2017.

3. No. 1/03/DMA/Admn/RTI/2950 dated 04-01-2019.

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

the following officials of the Mapusa Municipal Council under the right to Information Act, 2005 to act

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

Sr.

Name of the Official

Designation

Office Telephone Number

No.

1. Shri Vyankatesh Sawant,

Public Information Officer (PIO)

2262203/2262463

Municipal Engineer Grade-II

2. Shri Vinay Agarwadekar,

Assistant Public Information Officer

2262203/2262463

UDC

(APIO)

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

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

Dr. Tariq Thomas, IAS, Director (Urban Development).

Panaji, 27th January, 2020.

———uuu———

Department of Water Resources

Office of the Chief Engineer

__

Order

No. 3/25-5/87/WR/Adm.I/999

On the recommendation of the Goa Public Service Commission as conveyed vide confidential letter

No. COM/II/11/27(3)/2019/213 dated 30-09-2019, Government is pleased to order the promotion of the

following Junior Engineers to the post of Assistant Engineers/Assistant Surveyor of Works (Civil) in Water

Resources Department on regular basis in the Pay Matrix Level No. 7 and post them against the place

indicated in Column No. 4:

Sr.

Name of promotee

Present designation and

Designation and place

No.

place of posting

of posting on promotion

1

2

3

4

1. Shri Suryakant T. Banaulikar

Junior Engineer, O/o Assistant Assistant Engineer, O/o Assistant

Engineer, Sub-Div.-III, WD-XII,

Engineer, Sub-Div.-I, WD-XIV, WRD,

WRD, Dharbandora-Goa

Quepem-Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

6TH FEBRUARY, 2020

836

2. Shri Shenvi Velingkar Shivprasad

Junior Engineer, O/o Assistant Assistant Engineer, O/o Assistant

Engineer, Sub-Div.-IV, WD-II,

Engineer, Sub-Div.-III, WD-II, WRD,

WRD, Margao-Goa

Fatorda, Margao-Goa.

The Government is also pleased to transfer the below mentioned Assistant Engineers/Assistant Surveyor

of Works (Civil) in WRD in view of the above posting of the promote Officers in Water Resources Department.

Sr.

Name of promotee

Present designation and

Designation and place

No.

place of posting

of posting on transfer

1

2

3

4

1. Shri Sainath M. Jamkhandi

Assistant Engineer, O/o Assistant

Assistant Engineer, O/o Assistant

Engineer, Sub-Div.-I, WD-XIV,

Engineer, Sub-Div.-I, WD-II, WRD,

WRD, Quepem-Goa

Gogal, Margao-Goa.

2. Shri Ajay M. Kudchadkar

Assistant Surveyor of Works,

Assistant Engineer, O/o Assistant

O/o Executive Engineer, WD-II,

Engineer, Sub-Div.-II, WD-II, WRD,

WRD, Rawanfond, Margao-Goa

Gogal, Margao-Goa.

The promoted Officers at Serial Nos. 1 and 2 shall be on probation for a period of two years as specified

in Column No. 9 of the Recruitment Rules notified in the Official Gazette, Extraordinary, Series I No. 28

dated 11-10-2001.

This is issued vide Government approval No. 747/F dated 27-01-2020.

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

S. D. Patil, Chief Engineer & ex officio Addl. Secretary (WR).

Porvorim, 29th January, 2020.

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