Panaji, 18th February, 2021 (Magha 29, 1942)

SERIES II No. 47

1429

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

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

Reg. No. RNP/GOA/32/2021-23

GOVERNMENT OF GOA

Department of Education, Art & Culture

Directorate of Art & Culture

—

Order

No. DAC/Accts/IMB-Committee/2020-21/3383

In exercise of powers conferred by Clause 4(i)

read with Clause 20(b) of the Constitution of

Institute Menezes Braganza, Panaji-Goa, the

Government of Goa is pleased to appoint Shri

Dasharath Parab, r/o D-3 Raj Heritage, Shanti Nagar,

Ponda-Goa as Chairman of Institute Menezes

Braganza, Panaji-Goa with immediate effect.

By order and in the name of the Governor

of Goa.

Sagun R. Velip, Director & ex officio Jt. Secretary

(Art & Culture).

Panaji, 09th February, 2021.

________

Order

No. DAC/Accts/IMB-Committee/2020-21/3384

In exercise of powers conferred by Clause 3(ix)

of the Constitution of Institute Menezes Braganza,

Panaji-Goa, the Government of Goa is pleased to

nominate following Members on General Council

of Institute Menezes Braganza, Panaji-Goa with

immediate effect.

1. Smt. Hema Naik

r/o H. No. 219, Volvoi,

Ponda-Goa.

2. Shri Gorakh Mandrekar r/o Porvorim,

Bardez-Goa.

3. Dr. Rajay Pawar

r/o Omkar Navadurga

Garden, Kalmamal,

Borim Tisk, Ponda-Goa.

4. Shri Sagar Jawadekar r/o 7/C Government

Quarts., Patto Colony,

Panaji-Goa.

By order and in the name of the Governor

of Goa.

Sagun R. Velip, Director & ex officio Jt. Secretary

(Art & Culture).

Panaji, 09th February, 2021.

———uuu———

Department of Environment and Climate

Change

—

Order

No. GCZMA/GEN/MISC-13-14/Part-VI/1362

Whereas the Department of Environment and

Climate Change had constituted a Committee for

preparation of draft plan titled “Comprehensive Plan

for Fishermen Community living in CRZ areas,

whereas the said Committee has submitted the com-

prehensive draft plan for fishermen community

living in CRZ area and whereas in the said plan the

community has recommended constitution of the

Fishery Planning Committee (FPC) comprising of

representative of GCZMA, Directorate of Fisheries

and three knowledgeable representative of

Fishermen Community.

l. Director Environment

— Chairman.

& Climate Change

2. Directorate of Fisheries

— Member.

Note:-

There is one Extraordinary issue to the Official Gazette, Series II No. 46 dated 11-02-2021 as follows:—

(1) Extraordinary dated 17-02-2021 from pages 1427 to 1428 regarding Notifications from Department of

Panchayati Raj and Community Development.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

18TH FEBRUARY, 2021

1430

3. Shri Henrique D’mello

— Goenche

Ramponkarche

Ekvot.

4. Shri Ashok Dhuri

— Akhil Goa

Khshatriya

Pagui Samaj.

5. Adv. C.V. Chodankar

All Goa

Fisherman

Co-op. Asso-

ciation Ltd.

Whereas in the draft plan the committee has

recommended the following:-

A. Dwelling units of fishermen community can

be considered for regularization as per Clause

6(d) of the CRZ Notification, 2011.

B. To regularized dwelling units located within

200 to 500 mts. from HTL provision of Clause

8 III of the CRZ Notification, 2011 to be relied

upon to permit maximum possible extension

of their units in accordance to the TCP

regulations.

C. A detailed survey of the CRZ belt within 100

to 200 mts. from HTL shall be conducted to

identify the Housing needs and land

ownership of the traditional fishing

community. Individual proposals from the

traditional fishermen for construction of

dwelling units in the CRZ belt shall be

permitted on priority, based on the survey.

D.The State Government shall notify fishing

villages wherein foreshore facilities.

E. The FPC shall study the genuine needs of the

major fishing villages in terms of the facilities

needed and prepare indicative plan for the

same, duly superimposed on the respective

Cadastral Scale Village CRZ maps.

The Committee will undertake the detail survey

between 100 to 200 mts. from the coast for

identification of houses of local coastal

communities. Identification of fishermen houses in

fishing wards, existing fishing infrastructure need

for additional infrastructure location of net

mending sheds, sheds canoe etc. with the

assistance of taluka level committees constituted

by this Department.

The Committee shall complete the exercise in 60

days. The non-official members will be paid seating

fees as per Finance Department.

Dasharath M. Redkar, Director (Environment &

Climate Change).

Panaji, 15th February, 2021.

———uuu———

Department of Forest

Order

No. 4-2-2011/FOR/259

The Government of Goa is pleased to order posting and transfer of the following Assistant Conservator

of Forests, with immediate effect and until further orders in public interest as shown below:-

Sr.

Name of the Officers

Present

Transferred &

No.

& Designation

place of posting

posted as/Charge

1. Shri Jose Colaco, Assistant

Assistant Conservator of Forests,

Assistant Conservator of

Conservator of Forests

South Goa Division, Margao-Goa

Forests, Working Plan

Division, Panaji-Goa.

2. Shri Vishal Surve,

Assistant Conservator of Forests,

Assistant Conservator of

SDFO, Quepem

Forests, SDFO, Quepem with

Forests

additional charge of Assistant

Conservator of Forests/SDFO

Canacona.

3. Shri Amar Heblekar,

Assistant Conservator of Forests/

Assistant Conservator of

Assistant Conservator

/Principal Forests Training School,

Forests/Principal Forests

of Forests

Valpoi

Training School, Valpoi.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

18TH FEBRUARY, 2021

1431

4. Shri Shrikrishna Prabhu,

Assistant Conservator of Forests/

Assistant Conservator of

/SDFO Mapusa

Forests/SDFO Ponda.

Forests

5. Shri A.G. Samant, Assistant

Office of Dy. Conservator

Conservator of Forests

of Forests, North Goa Division,

Ponda-Goa

Ponda-Goa.

6. Shri Vishwas Chodankar,

Assistant Conservator of Forests,

Assistant Conservator of

Legal Cell, Altinho, Panaji-Goa

Forests, Legal Cell, Altinho,

Forests

Panaji-Goa.

7. Shri Damodar P. Salelkar,

Assistant Conservator of Forests,

Assistant Conservator of

Wildlife & Eco-Tourism (South),

Forests, Wildlife & Eco-

Forests

Margao

Tourism (South), Margao.

8. Shri Deepak Pednekar,

Assistant Conservator of Forests,

Assistant Conservator of

Working Plan Division,

Forests, SDFO, Mapusa.

Forests

Altinho, Panaji-Goa

9. Ms. Cliffa D’Costa, Assistant

Assistant Conservator of Forests,

Assistant Conservator of

Conservator of Forests

Research & Utilisation, Margao

Forests, Research & Utili-

zation, Margao.

10. Shri Paresh Porob, Assistant

Assistant Conservator of Forests,

Assistant Conservator of

Conservator of Forests

Zoo Manager, Bondla

Forests, Zoo Manager, Bondla.

11. Shri Dyaneshwar M. Kudalkar, Range Forest Officer, Ponda under

Office of the Dy. Conservator

Assistant Conservator of

Dy. Conservator of Forests Parks &

of Forests, Social Forestry,

Forests

Garden Division, Ponda-Goa

Parks & Gardens Division,

Ponda with additional charge

of Forests, Soil Conservation.

12. Shri Minguel A. Fernandes,

Range Forest Officer, Sanguem

Assistant Conservator of

under Dy. Conservator of Forests,

Forests, South Goa Division,

Forests

South Goa Division, Margao-Goa

Margao.

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

Isha M. Sawant, Under Secretary (Forest).

Porvorim, 15th February, 2021.

———uuu———

Department of Labour

Notification

No. 28/2/2021-LAB/Part-I/73

The following Award passed by the Labour

Court-II, at Panaji-Goa on 25-01-2021 in Case No.

LC-II/Appln/01/2016 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.

Maya Pednekar, Under Secretary (Labour) (Link).

Porvorim, 11th February, 2021.

———

THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. LC-II/Appln/01/2016

Shri Mark Sequeira,

r/o. H. No. 245, Preniero Vaddo,

Corjuem, Aldona,

Bardez-Goa.

…. Workman/Party I

V/s

M/s. Edelweiss Broking Ltd.,

105 Raya Chambers,

Dr. A. B. Road,

Bardez-Goa.

…. Employer/Party II

Workman/Party-I represented by Adv. Shri P. J.

Kamat.

Employer/Party-II represented by Adv. Shri P. Karpe.

Panaji, Dated: 25-01-2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

18TH FEBRUARY, 2021

1432

AWARD

1. By this Award, I shall disposed off the present

petition filed by the Party I/Workman u/s 2-A (2) of

the I.D. Act, 1947.

2. It is the case of the Workman/Party I (for short

the ‘Workman’), in brief as per his statement of

claim filed in the present proceedings on 29-02-

2016, that he was employed as ‘Associate Sales’

with the Employer/Party II (for short ‘Employer’)

w.e.f. 03-08-2012, vide letter dated 02-08-2012. He

stated that the Employer is a limited company with

its registered office at Ahmadabad, having its

corporate office at Mumbai and branch office at

Panaji-Goa. He stated that the Employer is in the

business of stock broking and distribution of third

party financial product. He stated that the

Employer has the workforce in Goa comprising of

Branch Manager, Manager, Relationship Associates

(2 Nos.) and sub-staff/peon. He stated that as an

‘Associates-sales’, his duties were sales acquisition

of new customers, servicing customers and assisting

them to sell and purchase, which are mainly

clerical in nature. He stated that he had no

authority to bind the Employer with any third party.

He stated that he had no employees working

subordinate to him. He stated that he had no

authority to recommend the leave and/or sanction

the leave of any of the employees of the Employer.

He stated that he had no authority to operate the

bank accounts of the Employer. He stated that he

was also not given the power of supervision,

administration or the management of the Employer.

He stated that he had worked with the Employer

from 03-08-2012 till the date of his illegal

termination w.e.f. 06-08-2013.

3. He stated that on 05-08-2013, he had tendered

his resignation dated 05-08-2013 to the Employer

at Panaji, Goa, which was received by Mr. Vikram

Patil and Mrs. Natasha Patel. He stated that the

said Mrs. Natasha Patel put her remarks on the

said resignation that the same is “accepted with

his last working day as 05-09-2013”. He stated that

the acceptance of his resignation w.e.f. 05-09-2013

was on account of the fact that under unnumbered

clause 4 of letter of appointment dated 03-08-2012,

the Workman was required to give a notice of one

month or pay salary in lieu of notice. He stated

that therefore, he had agreed to work up to

05-09-2013. He stated that as his resignation was

come into effect from 05-09-2013, he reported for

work on 06-08-2013. He stated that he was not

allowed to report for work and not allowed to sign

the attendance record from 06-08-2013. He stated

that on 06-08-2013, he had sent a letter dated

06-08-2013 to the Employer withdrawing his

resignation letter dated 05-08-2013 and wished to

continue to work with the Employer. He stated

that the Employer refused to accept the said letter

dated 06-08-2013 and also refused to allow him to

attend work w.e.f. 06-08-2013.

4. He stated that he, thereafter, sent a letter

dated 27-09-2013 to the Employer with a copy

endorsed to the Labour Commissioner, Government

of Goa, Panaji, demanding reinstatement in service

with full back wages and continuity of service and

costs. He stated that as the Employer did not

reinstate him in service as per his demand, he

wrote a letter dated 15-10-2013 to the office of the

Asstt. Labour Commissioner, Panaji, requesting to

intervene in the matter. He stated that the Asstt.

Labour Commissioner and Conciliation Officer,

Panaji, took up the matter for discussions and closed

the matter without authority and advised him to

file a claim application before the Appropriate

Authority for the earned wages from 01-08-2013 to

05-09-2013.

5. He stated that thereafter, he raised an

‘industrial dispute’ u/s 2-A of the I.D. Act, 1947

before the Asstt. Labour Commissioner, Panaji, Goa,

vide his letter dated 04-02-2015. He stated that the

Asstt. Labour Commissioner, Panaji, Goa, vide his

notice dated 07-05-2015 called the parties for

discussion on the dispute raised by him on

14-05-2015. He stated that the Employer filed its

written statement on 04-08-2015 and he filed his re-

joinder on 27-08-2015. He stated that the dispute

was thereafter fixed for discussions/conciliations

on various dates, but the matter could not be settled.

He stated that the Asstt. Labour Commissioner and

the Conciliation Officer, Panaji did not record the

failure of conciliation even though, the Employer

did not agree with the demands and delayed the

matter further which caused prejudice to him. The

Workman therefore approached this Hon’ble court

directly under section 2-A(2) of the said Act, for

adjudication of the dispute. He stated that the first

day of discussion on his dispute was fixed on

09-05-2015 and the last date was on 18-02-2016 on

which date the Asstt. Labour Commissioner and

Conciliation Officer, Panaji, postponed the

proceedings without any reasons. He submitted

that the action of the Employer in refusing him

employment w.e.f. 06-08-2013 is illegal, unjust and

malafide. He submitted that the termination i.e.

action of refusing him employment is also in

contravention of Section 25-F and Section 25-G of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

18TH FEBRUARY, 2021

1433

the said Act. The Workman therefore prayed for

passing of an award, holding that the action of the

Employer in terminating his services is non-est,

illegal, malafide, unjust and in contravention of

Section 25-F and Section 25-G of the said Act and

that he continues to be in service with full back

wages, other benefits, continuity in services and

consequential benefits.

6. The Employer resisted that the claim of the

Party I by filing its written statement on 26-04-2016

at Exb. 6. The Employer, as and by way of its

preliminary objections, submitted that the petition

filed by the Party I is absolutely false and without

any basis since the Party I had not been or never

been its ‘Workman’ and therefore as per the

provisions of law, he would be barred in filing the

present petition against them before this Hon’ble

Court. The Employer submitted that the Party I has

not approached this Hon’ble Court with clean hands

as he has suppressed the material/vital facts from

this Hon’ble Court. The Employer stated that the

Party I was appointed by them for the position of

Branch Manager-Sales and dealings, on an annual

CTC of Rs. 3,40,000/- and posted at its Goa branch.

The Employer stated that the Party I worked as a

Branch Manager of its Goa branch w.e.f. 03-08-2012

till 06-09-2013. The Employer specifically denied

that the Party I had worked as its ‘Workman’ as

falsely alleged by him and therefore, this Hon’ble

Court does not have any jurisdiction to try and

entertain the present petition filed by the Party I.

The Employer stated that during his tenure of

service with them, the Party I was providing his

services as a “Branch Manager-Sales and dealings”.

The Employer stated that the Party I, whilst working

as Branch Manager-Sales and dealings at Panaji-

-Goa, branch, had an overall responsibility of

handling Panaji-Goa branch profitability/

/income/revenue and including but not limited to

the acquisition of new plants, new sub-brokers/

authorized persons, advising customers on equity,

commodity, currency, MF/cross-sales products,

handling dealings, operations, administration of

branch, providing support and guidance to

employees for business and operations, sales, clients

acquisitions, risk management, handling sub-

brokers/authorized persons for business and

operations, arranging training to sub-brokers and

authorized persons regarding products and

operations. The Employer stated that the five staff

members then working at its Panaji, Goa were

reporting to and seeking instructions from the Party

I, whose names are Shamrao Hirlekar, Ruhi Kerkar,

Jayshree Nagvekar, Vinda Barve and Abdul Kazi

(Office Assistant).

7. The Employer admitted that the Workman had

given his resignation from service on his own

accord, vide his resignation dated 05-08-2013. The

Employer stated that the Party I submitted his

resignation letter dated 05-08-2013 to them on

06-08-2013. The Employer stated that they accepted

the said resignation letter on 06-08-2013 and handed

over the copy of the acceptance/acknowledged

resignation letter to the Party I on 06-08-2013. The

Employer stated that the earlier application bearing

No. CLS/ALC/COMP/(20)/2013 filed by the Party I

before Assistant Labour Commissioner, Goa for

reinstatement which was closed on the ground that

the matter cannot be treated as ‘industrial dispute’

as the Party I has already tendered his resignation

letter and the same has been accepted by its

management. The Employer stated that during the

tenure of services of Branch Manager of Goa branch,

the Party I used to correspond and sent e-mails to

various departments/company officials for his day-

today managerial affairs at the branch. The

Employer stated that they had received a complaint

from its one client namely, Mr. Mousinho Dos Reis,

vide letter dated 02-07-2013 against the Party I

stating that the Party I has executed few trades to

his account without instructions/authorization of

the client and has put him to losses, which was

also informed to the Party I by them.

8. The Employer denied that the Party I was

employed as “Associate-Sales” by them w.e.f.

03-08-2012. The Employer stated that the term

‘Associate’ is its service grade and post/position

and that it would be clear from the offer letter

dated 02-08-2012 issued to the Party I by them. The

Employer admitted that it is a public limited

company incorporated under the provisions of the

Companies Act, 1956 having its registered office at

Ahmedabad. The Employer stated that it is inter-

alia registered stock broker registered as such with

the Security and Exchange Board of India (SEBI)

and inter-alia a trading member of the National

Stock Exchange of India Ltd. as also of the Bombay

Stock Exchange Ltd. and also registered with

Depositary Participant (NSDL) providing broking

and DP services to its clients, on a Pan India basis.

In the appointment letter dated 02-08-2012, they

offered him employment as ‘Associate’ (which is

signified internal gradation as per company policy).

The Employer stated that they had not terminated

the services of the Party I. On the contrary, the

Party I had resigned from the services on his own,

vide resignation letter dated 05-08-2013, which was

submitted on 06-08-2013 and accepted on

06-08-2013 by them. The Employer stated that on

the same day, a copy of acknowledged/accepted

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

18TH FEBRUARY, 2021

1434

letter handed over to the Party I. The Employer

stated that the Party I has admittedly refused the

said acceptance provided by them and he himself

has enclosed with his communication mail dated

06-08-2013 addressed to the official of the Employer,

which mail was addressed by him for his FNF

settlement. The Employer stated that as per

conditions of employment duly agreed by the Party

I, his last working day was to be 05-09-2013.

9. The Employer denied that on 06-08-2013, the

Party I sent a letter to them withdrawing his

resignation letter dated 05-08-2013 and wished to

continue to work with them. The Employer stated

that the Asstt. Labour Commissioner, vide its letter

dated 30-09-2013 sent a complaint letter dated

27-09-2013 to them through post and informed for

discussion meeting which was kept on 10-10-2013.

The Employer stated that they had attended the

meeting on 10-10-2013 and submitted its detailed

reply to the complaint of the Party I on 14-10-2013

to Asstt. Labour Commissioner. The Employer stated

that the said complaint dated 27-09-2013 filed by

the Party I before the Asstt. Labour Commissioner

was closed by concluding that “the instant matter

cannot be treated as ‘industrial dispute’ as the

complainant (Party I) has already tendered his

resignation letter and the same has been accepted

by the management. However, the complainant/

Party I is free to file claim application before the

Appropriate Authority towards the earned wages

for the period from 01-08-2013 to 05-09-2013 and

that the Party I agreed for the same. The Employer

denied the overall case as pleaded by the Party I

and prayed for rejection of the present petition filed

by the Party I and passed any other orders as may

deem fit and proper in the ends of justice and equity.

10. Thereafter, the Party I filed his re-joinder on

13-06-2016 at Exb. 8. The Party I, by way of his Re-

joinder, denied each and every statement, averments

and submissions made by the Employer, vide its

written statement filed in the present proceedings

and reiterates and confirms the statements,

averments and submissions made by him in his

statement of claim. He stated that Mr. Shamrao

Hirlekar, Ms. Ruhi Kerkar and Shri Vijayshree

Nagvekar were working as dealer, Vinda Barve was

working as back office and Mr. Abdul Kazi was

working as Office Assistant. He stated that all the

said persons were working under the direct

supervision of Mr. Suyash Singh, Branch Manager

and authorized signatory and Mr. Vikram Patil,

Sr. Branch Manager and authorized signatory and

were reporting to them on day to day basis. He

stated that the work to the said employees as well

as to the Applicant was allotted by the said

executives. He stated that the said executives were

controlling the business and supervising the work

from Kolhapur and visiting the branch every week.

He stated that the Asstt. Labour Commissioner, Goa

is not an authority to decide the issue as to whether

the dispute raised by the Party I is an ‘industrial

dispute’ or not.

11. This Hon’ble court framed the following

issues on 27-07-2016 at Exb. 11.

1. Whether the Workman/Party I proves that he

is a ‘workman’ within the meaning of Section

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

2. Whether the Workman/Party I proves that the

present dispute raised by him against the

Employer/Party II is an ‘industrial dispute’

within the meaning of Section 2 (k) of the I.D.

Act, 1947?

3. Whether the Workman/Party I proves that the

action of the Employer/Party II in refusing

him employment w.e.f. 06-08-2013 is illegal

and unjustified?

4. Whether the Employer/Party II proves that

Party I was appointed by them as Branch

Manager–Sales and Dealings w.e.f. 03-08-2012

and was performing the duties of

administrative, managerial and supervisory

in nature?

5. Whether the Workman/Party I is entitled to

any relief?

6. What order?

12. My Findings to the aforesaid issues are as

under:

(a) Issue No. 1

: Does not arise.

(b) Issue No. 2

: In the negative.

: Does not arise.

(d) Issue No. 4

: Does not arise.

(e) Issue No. 5 & 6 : As per final order.

REASONS

Ld. Adv. Shri P. J. Kamat, appearing for the Party

I as well as Ld. Adv. Shri P. Karpe appearing for the

Employer filed their synopsis of written arguments

respectively.

I have carefully perused the entire records of the

present case including the synopsis of arguments

filed by both the parties.

13. Issue No. 2:

I decide the issue No. 2 first, prior to the issue

No. 1 as the said issue No. 2 goes to the root of the

present matter.

It appears from the claim statement filed by the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

18TH FEBRUARY, 2021

1435

Party I that he had tendered his resignation letter

dated 05-08-2013 on 06-08-2013 to the Employer,

which was accepted by them on the same day. The

Party I pleaded that as per conditions of

employment duly agreed by the Party I, his last

working day was to be 05-09-2013 and that he had

withdrawn his said resignation on 06-08-2013. The

Party I further pleaded that he has been refused

employment by the Employer w.e.f. 06-08-2013 and

that the said refusal of employment is illegal, unjust

and in contravention of section 25-F and 25-G of

the I.D. Act, 1947. On the contrary, the Employer, in

its written statement, pleaded that neither the Party

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

nor dispute raised by him is an ‘industrial dispute’

within the meaning of Section 2 (k) of the I.D. Act,

1947. The Employer pleaded that the Party I did

not withdraw his resignation dated 05-08-2013. He

was not refused employment by them on

06-08-2013.

14. The term ‘industrial dispute’ has been defined

u/s 2 (k) of the I.D. Act, 1947 and it reads as under:

“ ‘Industrial dispute’ means any dispute or

difference between employers and employers,

or between employers and workmen, or between

workmen and workmen, which is connected

with the employment or non-employment or

the terms of employment or with the conditions

of labour, of any person”.

Thus, the term ‘industrial dispute’ implies any

dispute or differences between the employers and

employers, or between employers and workmen, or

between workmen and workmen, which is

connected with the employment or non-

employment or the terms of employment or with

the conditions of labour, of any person.

15. The evidence on record indicates that the

Party I had relied upon a copy of his resignation

letter dated 05-08-2013 (Exb. 23). The said

resignation letter of the Party I on record indicates

that the Employer accepted the resignation letter

of the Party I on 06-08-2013 and informed the Party

I that his last working day is 05-09-2013. The Party

I also relied upon his withdrawal of resignation

dated 05-08-2013 (Exb. 27), stating that he wish to

continue being a part of the team. He claimed to

withdraw his resignation from 06-08-2013. There is

nothing on record to prove that the said withdrawal

of resignation of the Party I was delivered/served

upon the Employer.

16. In cross-examination, the Party I deposed that

there is no stamp or acknowledgment of the

Employer on the said letter at Exb. 27. The Party

I deposed that he has not sent the said withdrawal

letter at Exb. 27 to the Employer by registered post

A/D or through post or by any other means. He

deposed that he has not made any complaint

against the Employer or to any other authority

pertaining to the alleged refusal of the Party I to

accept his letter at Exb. 27. He admitted that in

terms of his appointment letter issued to him by

the Employer at Exb. 22, he has to give notice of

termination of employment at least one month in

advance to the Employer or one month salary in

lieu of notice, in the event he intends to terminate

his employment with the Employer. He admitted

that his letter dated 15-10-2013 (Exb. 26-colly) was

submitted by him before the Conciliation Officer

during the course of conciliation proceedings, in

pursuance to the letter of the Employer dated

14-10-2013 (Exb. 25-colly). He admitted that he had

submitted his letter dated 27-09-2013 (Exb. 24) to

the Conciliation Officer during the course of

conciliation proceedings. He admitted that in

pursuance to his letter at Exb. 24, the Employer

had submitted its letter dated 14-10-2013 (Exb.

25-colly) before the conciliation officer. He

admitted that his letter dated 15-10-2013 at Exb.

26-colly was received by the Employer on

28-10-2013.

17. The aforesaid cross-examination of the Party

I by Ld. Adv. Shri P. Karpe, appearing for the

Employer, made crystal clear that the letter of

withdrawal of resignation of the Party I dated

06-08-2013 (Exb. 27) was not submitted or served

upon the Employer on 06-08-2013. The letter of

withdrawal of resignation was received by the

Employer on 15-10-2013 in the conciliation

proceedings. Further, the Party I admitted that the

dispute raised by him before the Asstt. Labour

Commissioner and Conciliation Officer, Panaji, Goa

(Exb. 29), has been closed by the Asstt. Labour

Commissioner and Conciliation Officer. It has been

observed in the minutes of discussions held on

29-11-2013 between the parties hereinabove (Exb.

35-cross) duly signed by both parties that “the

instant matter cannot be treated as ‘industrial

dispute’ as the Complainant has already tendered

his resignation letter and the same has been

accepted by the management. However, the

complainant is free to file claim application before

appropriate authority towards his earned wages

for the period from 01-08-2013 to 05-09-2013. The

Party I agreed for the same. In view of above, the

matter stands close as on today”. The Party I

admitted that he had agreed the say of the

management before the Conciliation Officer. The

matter was accordingly closed.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

18TH FEBRUARY, 2021

1436

18. Thus, it is clear from the evidence on record

that the Party I tendered his resignation dated

05-08-2013 and the same was accepted by the

Employer on 06-08-2013 and informed him his last

day of working is 05-09-2013. Though the Party I

claimed to withdraw his resignation as stated

above, the said withdrawal of resignation of Party

I dated 06-08-2013 was not communicated/

delivered/ served upon the Employer on or before

05-09-2013 which was the last working day of the

Party I. The Party I claimed that he made demand

on the Employer, vide his representation dated

27-09-2013 at Exb. 24, requesting for reinstatement

in service with full back wages and continuity in

service. The said representation of the Party I at

Exb. 24 was not directly served upon the Employer,

but the same was served upon the Employer

through the Asstt. Labour Commissioner, Panaji, Goa

during the course of conciliation proceedings. The

Party I claimed to be refused him employment

w.e.f. 06-08-2013. The Party I has however, failed to

produce on record any cogent evidence either oral

or documentary to that effect especially when the

Party I used to send emails to the authorities of the

Employer. Hence, it is held that the dispute raised

by the Party I cannot be termed as an ‘industrial

dispute’ within the meaning of Section 2 (k) of the

I.D. Act, 1947. The issue No. 2 is therefore answered

in the negative.

19. Issue No. 1, 3, 4 and 5:

While deciding the issue No. 2 hereinabove, I

have discussed and came to the conclusion that

the Party I failed to prove that the dispute raised by

him against the Employer is an ‘industrial dispute’

within the meaning of Section 2 (k) of the I.D. Act,

1947 and as such the question of answering the

issue No. 1, 3 and 4 does not arise being without

jurisdiction. The said issue No. 1, 3 and 4 are

answered accordingly. The Party I is therefore not

entitled to any relief.

In view of above, I pass the following order:

ORDER

1. The prayer of the Party I that the termination

of his services by the Employer is non-est,

illegal, malafide, unjust and in contravention

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

and that the Party I continues to be in service

with full back wages, other benefits,

continuity in service and consequential

benefits, is not sustainable on facts and law.

2. The present petition filed by the Party I is

hereby dismissed.

3. No order as to costs.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar)

Presiding Officer,

Labour Court-II.

———uuu———

Department of Law & Judiciary

Law (Establishment) Division

Order

No. 14/20/2014-LD(Estt.)/360

On the recommendation of the Departmental

Promotion Committee, the Government is pleased

to declare Shri Rajesh Narvekar, to have

satisfactorily completed the probation period from

the date of joining the service on regular basis i.e.

w.e.f. 26-08-2015 to 26-08-2017 as the President, Goa

Administrative Tribunal and confirmed in the grade

with immediate effect.

By order and in the name of the Governor of

Goa.

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

Porvorim, 10th February, 2021.

———uuu——

Department of Personnel

Order

No. 7/1/2019-PER/399

Shri Rajeev Shinde, Assistant Professor in

Applied Art, Goa College of Art, Altinho, Panaji

shall hold the charge of the post of Principal, Goa

College of Art, in addition to his own duties with

immediate effect until further orders.

By order and in the name of the Governor

of Goa.

Maya Pednekar, Under Secretary (Personnel-II).

Porvorim, 09th February, 2021.

———

Order

No. 7/3/2019-PER/433

Shri Hemant Kumar, IAS, Commissioner of State

Tax shall hold the charge of the post of Chief

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

18TH FEBRUARY, 2021

1437

Executive Officer, Goa CSR Authority, in addition to

his duties with immediate effect.

By order and in the name of the Governor of

Goa.

Vishal C. Kundaikar, Under Secretary (Personnel-I).

Porvorim, 10th February, 2021.

———

Order

No. 13/24/2016/PER/440

Whereas, the Government vide order No. 13/24/

/2016-PER/2187 dated 30-09-2020 was pleased to

grant extension in services to Dr. Jose O. A. D’Sa,

Dy. Director (Public Health) holding the charge of

Director of Health Services, Directorate of Health

Service beyond the date of his superannuation for

further period of one year w.e.f. 01-10-2020 to

30-09-2021 or till the post is filled on regular basis

whichever is earlier, in public interest subject to

vigilance clearance, concurrence of Finance

Department and approval of Council of Ministers;

And whereas, the Vigilance Department has

submitted Vigilance Clearance stating that, no

Disciplinary Proceedings/Vigilance cases are

pending or being contemplated against Dr. Jose O.

A. D’Sa;

And whereas, the Finance Department vide its

U .O. No. 1400067864 dated 31-10-2020 concurred

the proposal for grant of extension of Dr. Jose O. A.

D’Sa, Dy. Director (Public Health) holding the

charge of Director of Health Services, Directorate of

Health Service subject to Cabinet approval and

adherence of all Rules in force;

And whereas, the Council of Ministers in its

XXXIX^thmeeting held on 06-01-2021 resolved to

grant ex-post facto approval for further extension

in service beyond superannuation to Dr. Jose O. A.

D’Sa, Dy. Director (Public Health) holding the

charge of Director of Health Services, Directorate of

Health Service for further period of one year w.e.f.

01-10-2020 to 30-09-2021 or till the post is filled on

regular basis whichever is earlier, in public interest;

Now, therefore, the Government is pleased to

confirm the order No. 13/24/2016-PER/2187 dated

30-09-2020 granting further extension in service

beyond superannuation to Dr. Jose O. A. D’Sa,

Dy. Director (Public Health) holding the charge of

Director of Health Services, Directorate of Health

Service for further period of one year

w.e.f. 01-10-2020 to 30-09-2021 or till the post is

filled on regular basis whichever is earlier, in public

interest.

By order and in the name of the Governor of

Goa.

Maya Pednekar, Under Secretary (Personnel-II)

Porvorim, 11th February, 2021.

———

Order

No. 5/12/2017-PER/451

On the recommendation of the Goa Service

Board, the Governor of Goa is pleased to direct

Shri Pranab Bhat, Under Secretary, Finance (R & C)

holding additional charge of Under Secretary,

Budget-II to hold the charges of Under Secretary,

Budget-I & Under Secretary, Finance (Audit) in

addition to his own duties w.e.f. 01-03-2021, in

public interest.

By order and in the name of the Governor of

Goa.

Vishal C. Kundaikar, Under Secretary (Personnel-I).

Porvorim, 11th February, 2021.

———

Order

No. 6/4/2001-PER (Vol.II)/454

Read: 1) Order No. 6/4/2001-PER (Vol.I)/307

dated 27-01-2016.

In terms of Rule 17 of the Goa Civil Service Rules,

1997 and on the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/II/12/42(1)/2020/919 dated 28-01-2021, the

Governor of Goa is pleased to declare the following

Junior Scale Officers of Goa Civil Service, to have

satisfactorily completed their period of probation in

Junior Scale of Goa Civil Service and confirmed in

the grade with effect from the date of passing of the

Departmental Examination i.e. 20-11-2018:-

Sr. No.

Name of the Probationers

Shri Kapil C. Phadte

Shri Taha I. Haaziq

Shri Ajay R. Gaude

By order and in the name of the Governor of

Goa.

Vishal C. Kundaikar, Under Secretary

(Personnel-I).

Porvorim, 12th February, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

18TH FEBRUARY, 2021

1438

Order

No. 6/4/2001-PER (Vol.II)/453

Read: 1) Order No. 6/4/2001-PER (Vol. I) dated 27-01-2016.

2) Order No. 6/8/2016-PER/2521 dated 04-10-2018.

3) O.M. No. 12/14/89-PER (part) dated 12-08-2014.

The Governor of Goa is pleased to extend the period of probation under sub-rule (2) of Rule 22 of the

Goa Civil Service Rules, 2016, of the following officer appointed vide order read in preamble at Sr. No. (1)

till 31-12-2020, as mentioned in column 5 below, read with guidelines laid down vide O.M. cited at Sr. No.

(3) of the preamble:-

Sr.

Name of the Officer

Date of joining

Date of expiry

Date upto which

No.

of probation period

probation is extended

Shri. Roshan J. Kaskar

28-01-2016 (b.n.)

27-07-2018

31-12-2020.

The period of probation is extended as the vigilance clearance of Shri Kaskar is withheld since disciplinary

proceedings under major penalty under Rule 14 of CCS (CCA) Rules, 1965 has been initiated against him

vide Memorandum No. 15/18/2018-VIG/836 dated 15-03-2019.

This issues with the concurrence of the Goa Public Service Commission conveyed vide letter No. COM/

/II/12/42(1)/2020/919 dated 28-01-2021.

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

Vishal C. Kundaikar, Under Secretary (Personnel-I).

Porvorim, 12th February, 2021.

———uuu———

Department of Public Health

Order

No. 4/10/2002-II/PHD/Vol.II/305

Read: Memorandum No. 4/10/2002-II/PHD/Vol.II

dated 15-12-2020.

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/I/5/30(6)/2020/740 dated 10-11-2020,

Government is pleased to appoint the following

doctors to the post of Lecturer in the Department of

Orthopaedic Surgery (Group “A” Gazetted) under

the Goa Medical College, Bambolim in Level-11 of

Pay Matrix [Pay Band-3 Rs. 15600-39100 + Grade

Pay of Rs. 6600/- (pre-revised)] with immediate effect

and as per the terms and conditions contained in

the Memorandum cited above:-

1. Dr. Kunal alias Prakash Gurunath Fadte.

2. Dr. Charan Jayaram Phayade.

The above doctors shall be on probation for a

period of two years.

They have been declared medically fit by the

Medical Board. The appointments are made subject

to the verification of their character and

antecedents. In the event of any adverse remarks

noticed by the Government on verification of their

character and antecedents, their services shall be

terminated.

The appointment is made against the vacancies

occurred due to revival of posts of Lecturer in the

Department of Surgery in Goa Medical College &

Hospital, vide Order No. 4/1/2018-II/PHD/1194 dated

14-08-2019.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 11th February, 2021.

———uuu———

Department of Public works

Office of the Executive Engineer

Notification

No. PWD/WDVI/ADM/F.67/2020-21/2100

In exercise of the powers conferred by Section 3

of the Goa, Daman and Diu Highway Act, 1973 (Act

No. 10 of 1974) read with Section 21 of the General

Clauses Act, 1897 (Act No. 10 of 1897), the

Government of Goa hereby amends the Government

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

18TH FEBRUARY, 2021

1439

Notification dated 08-02-1977, published in the

Official Gazette, Series II No. 47 dated 17-02-1977

(hereinafter referred to as the “Principal

Notification”) as follows:-

In the Principal Notification, in “Table A”, the

existing entry against serial number 8 shall be

omitted.

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.

Executive Engineer, Div. VI (Roads-South) (PWD).

Margao, 15th February, 2021.

———uuu———

Department of Revenue

Notification

No. 4/14/1/2021-RDII/1868

Read: Notification No. 32/3/2001-RD(6576) dated

01-02-2018.

In exercise of the powers conferred by Section 4

of the Goa Rehabilitation Board Act, 2006 and in

continuation of the Notification read in preamble

duly published in the Official Gazette, Series II

No. 46 dated 15-02-2018, the Government of Goa

hereby further reconstitutes the Goa Rehabilitation

Board as indicated here under:-

Sr.

Name and address

Designation

No.

Smt. Alina Saldanha,

Chairman.

Hon. MLA Cortalim

Constituency

Finance Secretary,

Member.

Government of Goa

Secretary (Revenue)

Member.

Collector (North)

Member.

Collector (South)

Member.

Secretary, Goa

Ex Officio Member

Rehabilitation Board

Secretary.

The term of office of the Chairman and other

members of the Board shall be as prescribed under

Section 5 of the Goa Rehabilitation Board Act, 2006.

The above Notification will come in force from

01-02-2021.

By order and in the name of the Governor of

Goa.

Isha M. Sawant, Under Secretary (Revenue-II).

Porvorim, 12th February, 2021

———uuu———

Department of Water Resources

Office of the Chief Engineer

Order

No. 3/25-5/87/WR/Adm.I/1159

On the recommendation of the Goa Public Service Commission as conveyed vide Confidential letter No.

COM/II/11/27(1)/2019/943 dated 08-02-2021, Government is pleased to order the promotion of the following

Technical Assistants/Junior Engineers to the post of Assistant Engineers/Assistant Surveyor of Works

(Civil) Group ‘B’ Gazetted 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 the promotee

Present Designation

Designation and place

Remarks

No.

and place of posting

of posting on promotion

1. Shri Naresh G. Pokle

Technical Assistant,

Assistant Engineer,

Promotion.

O/o Assistant Engineer,

Sub-Div-I, WD-VI,

Sub-Div.-III, WD-VI,

WRD, Bicholim-Goa

WRD, Mulgao-Goa

2. Shri Dhananjay R. Nagvekar

Technical Assistant,

Assistant Engineer,

Promotion.

O/o Assistant Engineer,

Sub-Div-III, WD-XI,

Sub-Div-II, WD-XI,

WRD, Margao-Goa

WRD, Canacona-Goa

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

18TH FEBRUARY, 2021

1440

3. Shri Sudesh R. Paidarkar

Junior Engineer,

Assistant Surveyor of

Promotion.

O/o Assistant Engineer,

Works, O/o Executive

Sub-Div-II, WD-II, WRD,

Engineer, Works Div-XIII,

Margao-Goa

WRD, Gogal, Margao-Goa

4. Shri Rajesh R. Kamat Tarkar

Junior Engineer,

Assistant Engineer,

Promotion.

O/o Assistant Engineer,

Sub-Div-IV, WD-I, WRD,

Sub-Div-V, WD-I, WRD,

Porvorim-Goa

5. Shri Caldeira Merwyn

Junior Engineer,

Assistant Engineer,

Promotion.

Antonio

O/o Assistant Engineer,

O/o Executive Engineer,

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

WD-IX, WRD, Gogal,

Margao & on working

Margao-Goa

arrangement in the O/o

CE-WRD, Porvorim-Goa

6. Kum. Stancy Colaso

Technical Assistant,

Assistant Engineer,

Promotion.

O/o Superintending

O/o Assistant Engineer,

Engineer, CPO, WRD,

Sub-Div-I, WD-IX, WRD,

Porvorim and on

Margao-Goa

working arrangement

in the O/o Assistant

Engineer, SD-IV, WD-XIII,

Margao-Goa

7. Shri Neil Narana Sinai

Technical Assistant,

Assistant Surveyor of

Promotion.

Quencro Agxicar

O/o Superintending

Works, O/o Super-

Engineer, CO-I, WRD,

intending Engineer, CPO,

Porvorim-Goa

WRD, Porvorim-Goa

8. Shri Somnath A. Dessai

Junior Engineer,

Assistant Engineer,

Promotion.

O/o Assistant Engineer,

Sub-Div-II, WD-XII, WRD,

Sub-Div-IV, WD-XIV,

Margao-Goa

WRD, Quepem-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 promotee Officers in Water Resources Department.

Sr.

Name of the Officer

Present Designation

Designation and place

No.

and place of posting

of posting on transfer

1. Shri Shailesh K. Naik

Assistant Engineer,

O/o Assistant Engineer,

Sub-Div-II, Works Div-III, WRD,

Sub-Div-IV, Works Div-XI,

Ponda-Goa with additional

WRD, Ponda-Goa.

charge of Assistant Engineer,

Sub-Div-IV, Works Div-XI,

WRD, Ponda-Goa

2. Shri Gipson Mirnada

Assistant Engineer,

O/o Assistant Engineer,

Sub-Div-I, Works Div-IX,

Sub-Div-V, Works Div-III,

WRD, Margao with additional

WRD, Margao-Goa.

charge of Assistant Engineer,

Sub-Div-V, Works Div-III,

WRD, Margao-Goa

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

18TH FEBRUARY, 2021

1441

3. Shri Amir N. Naik

Assistant Engineer,

Karmali

O/o Assistant Engineer,

Sub-Div-I, Works Div-XIV,

Sub-Div-II, Works Div-III,

WRD, Quepem

WRD, Ponda-Goa.

4. Shri Nitin Gaitonde

Assistant Engineer,

Assistant Surveyor of Works,

O/o Assistant Engineer,

O/o Superintending Engineer,

Sub-Div-IV, WD-XIV, WRD,

CO-III, WRD, Margao-Goa.

Quepem-Goa

5. Shri Lilesh B. Khandeparkar

Assistant Surveyor of Works,

O/o Superintending Engineer,

O/o Executive Engineer,

CO-III, WRD, Margao-Goa

WD-XII, WRD, Margao-Goa.

6. Shri Shantaram Varde

Assistant Surveyor of Works,

Assistant Engineer,

O/o Executive Engineer,

O/o Assistant Engineer,

WD-XII, WRD, Margao-Goa

Sub-Div-I, Works Div-X,

WRD, Quepem-Goa.

7. Shri Sumant Nadkarni

Assistant Engineer,

O/o Assistant Engineer,

Sub-Div-V, Works Div-I,

Sub-Div-I, Works Div-VII,

WRD, Porvorim-Goa

WRD, Dhargal-Goa.

8. Shri Keshav Deshpande

Assistant Engineer,

O/o Assistant Engineer,

Sub-Div-III, Works Div-VI,

Sub-Div-III, Works Div-VII,

WRD, Mulgao-Goa

WRD, Dhargal-Goa.

The promoted officers at Serial No. 01 to 08 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. 973/F dated 11-02-2021.

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

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

Porvorim, 11th February, 2021.

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