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.
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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.
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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.
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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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