Panaji, 7th May, 2020 (Vaisakha 17, 1942)

SERIES II No. 6

53

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 Higher Education

__

Order

No. ACAD III/GC-04/CAS/50/2019/204

Read: Order No. ACAD III/GC-04/CAS/50/2019/6239 dated 16-10-2019.

On the recommendation of the Screening Committee, Government is pleased to grant of Senior Scale

(Pre-revised Rs. 10,000-325-15,200) (Revised Rs. 15,600-39,100+AGP Rs. 7,000), Stage 3 (Pre-revised

Rs. 12,000-420-18,300) (Revised Rs. 15,600-39,100+AGP Rs. 8,000) and placement as Associate Professor

as per the University Grants Commission guidelines, to Dr. Shashank Maktedar, Assistant Professor in

Vocal (holding additional charge of Officiating Principal), Goa College of Music, Altinho, Panaji with

effect from the date indicated against his name:-

Sr.

Name of the Lecturer

Date of eligibility for

Date of eligibility of

Date of

No.

Senior Scale

Stage 3 (Pre-revised

placement as

(Pre-revised Rs. 10,000-

Rs. 12,000-420-18,300)

Associate

-325-15,200)

(Revised Rs. 15,600-

Professor

(Revised Rs. 15,600-

-39,100+AGP Rs. 8,000)

-39,100+AGP Rs. 7,000)

1.

Dr. Shashank Maktedar,

01-07-2008

01-07-2013

01-07-2016.

Assistant Professor in Vocal

(holding additional charge of

Officiating Principal, Goa

College of Music, Panaji-Goa)

Dr. Shashank Maktedar, shall be designated as Associate Professor with effect from 01-07-2016 and

shall be placed in appropriate revised scale PB 4 Rs. 37,400-67,000 with AGP Rs. 9,000/-.

The pay shall be fixed as per the rules in force accordingly.

This order is issued in supersession to earlier Order No. ACAD III/GC-04/CAS/50/2019/6239 dated

16-10-2019.

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

Premraj K. Shirodkar, Under Secretary (Higher Education).

Porvorim, 17th April, 2020.

Note:- There is one Extraordinary issue to the Official Gazette, Series II No. 5 dated 30-04-2020 namely, Extraordinary

dated 05-05-2020 from pages 51 to 52 regarding Order from Department of Home.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

7TH MAY, 2020

54

Notification

No. ADMN/APPT/CHAIRMAN/GEDC/36/2018/207

Read:1) Notification No. 2/23/Accts/DHE/09-10/

/PF-I/53 dated 06-04-2017.

2) Order No. ADMN/APPT./CHAIRMAN/

/GEDC/36/2018/5865 dated 27-02-2019.

In exercise of the power conferred under

sub-section (1) of Section 4 of the Goa Education

Development Corporation Act, 2003 (Act No. 22 of

2003), the Government is pleased to extend the

term of the following Board of Directors upto

06-10-2020.

1. Shri Shripad @ Kanta K.

— Chairman.

Patnekar

2. Secretary (Higher Education)

— Director.

3. Director (Higher Education)

— Director.

4. Shri Gajanan P. Bhat

— Director.

5. Shri Uday Ballikar

— Director.

6. Managing Director, GEDC

— Ex officio

Secretary.

By order and in the name of the Governor of

Goa.

Premraj K. Shirodkar, Under Secretary (Higher

Education).

Porvorim, 22nd April, 2020.

________

Certificate

No. ACAD III/SHEC/Filling of Posts/02/2019/

/Part-I/208

Read: ACAD III/SHEC/Filling of Posts/02/2019/

/Part-I/7915 dated 01-01-2020.

Certified that the character and antecedents of

Shri Mahadev Anant Gawas appointed to the post

of Assistant Professor for Teaching, Learning and

Educational Technology for State Higher Education

Council (Group “A” Gazetted) under Directorate of

Higher Education vide above referred Order has

been verified by the Addl. Collector & ADM, North,

Office of the District Magistrate, North Goa,

Panaji-Goa and nothing adverse has come to the

notice of the Government.

Premraj K. Shirodkar, Under Secretary (Higher

Education).

Porvorim, 19th March, 2020.

Department of Labour

__

Order

No. 28/9/2020-LAB/253/2

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. Deccan Queen Transport

Company, Opp. D-Link, Verna Industrial Estate,

Verna, Goa, and it’s workman, Shri Gopinath S.

Naik, 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 Shri Gopinath S. Naik, overall

incharge of the Verna Branch of M/s. Deccan

Queen Transport Company and having

managerial and supervisory administrative

power could be construed as “Workman”

as defined under Section 2(s) of the

Industrial Disputes Act, 1947 (Central Act 14

of 1947)?

(2) (a) If the answer to the above is in

affirmative, then, whether the action of

the management of M/s. Deccan Queen

Transport Company, Opp. D-Link, Verna

Industrial Estate, Verna, Goa, in

terminating services of Shri Gopinath S.

Naik, with effect from 12-08-2019, is legal

and justified?

(b) If not, what relief the workman is entitled

to?”.

By order and in the name of the Governor of

Goa.

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

Porvorim, 23rd April, 2020.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

7TH MAY, 2020

55

Notification

No. 28/2/2020-LAB/Part-I/243

The following Award passed by the Labour

Court-II, at Panaji-Goa on 14-02-2020 in Case

No. Ref. LC-II/IT/18/2017 is hereby published as

required under Section 17 of the Industrial Disputes

Act, 1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

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

Porvorim, 17th April, 2020.

______

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. LC-II/IT/18/2017

Mrs. Shreya S. Gosavi,

C/o. Ramdas Anant Karbutkar,

Chinchbhat, Mayem,

Bicholim-Goa.

…

Workperson/Party I

V/s

Zantye Brothers,

Haturlim, Bicholim-Goa.

…

Employer/Party II

Workperson/Party I represented by Adv. Shri

Mandar Naik h/f Adv. Shri A. Prabhugaonkar.

Employer/Party II represented by Adv. Shri P. J.

Kamat.

Panaji, Dated: 14-02-2020.

AWARD

1. In exercise of the powers conferred by Clause

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

Disputes Act, 1947 (Central Act 14 of 1947), the

Government of Goa, by Order dated 15-11-2017,

bearing No. 28/30/2017-LAB/782, referred the

following dispute for adjudication to this Labour

Court-II of Goa at Panaji-Goa.

“(1) Whether the action of the management of

M/s. Zantye Brothers, Haturlim, Bicholim, Goa,

in refusing employment to Mrs. Shreya S.

Gosavi, Grader, with effect from 29-09-2016,

is legal and justified?

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

to?”

2. On receipt of the reference, a case was

registered under No. LC-II/IT/18/17 and registered

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

to the said notice, the Parties put in their

appearance. The Workperson/Party-I (for short

‘Workperson’), filed her Statement of Claim on

15-01-2018 at Exb-5. The facts of the case in brief

as pleaded by the Workperson are that she was

appointed by the Employer/Party II (for short,

‘Employer’) as a ‘Grader’ in a grading department

from the year 2003. She stated that she worked for

a period of around 13 years with unblemished

records. She stated that the Employer never issued

her appointment letter inspite of repeated request,

though the same is mandatory in terms of law. She

stated that she is covered under the ESI as well as

E.P.F. under the respective Acts. She stated that

she proceeded on sanctioned maternity leave from

06-01-2016 to 04-05-2016. She stated that she

delivered a baby boy on 09-01-2016. She stated

that in order to take care of her new born baby, she

was on maternity leave which was sanctioned by

the manager of the Employer.

3. She stated that after completing the maternity

leave, she reported to the Employer’s office on

04-05-2016. She stated that due to ill health of her

infant baby and since no one was there to take

care of her baby, she decided to extend her

maternity leave. She stated that on 04-05-2016, she

had orally informed the supervisor of the Employer

namely, Shri Anand Naik that she will extend her

leave till 29-09-2016 due to ill health and take care

of the baby. She stated that the supervisor of the

Employer Shri Anand Naik has confirmed that her

leave is sanctioned/approved for the period from

04-05-2016 to 29-09-2016. She stated that she had

not received any show cause notice, warning letter

etc. from the Employer about the alleged

absenteeism even assuming and without admitting

that her leave is not sanctioned by the Employer.

She stated that since she has not received any

show-cause notice, warning letter or any other

written intimation from the Employer, justifies that

the Employer has sanctioned her maternity leave

as per her request.

4. She stated that after completing her extended

maternity leave period, she reported for her duties

as usual on 29-09-2016, but to her surprise, when

she reached the office, she was not allowed to

perform her duties in establishment. She stated

that she was shocked to hear that her services

were terminated by the Employer and that she

was informed that she was not supposed to report

for her duties. She stated that she had made an

application to the Manager of the Employer on

02-11-2016 and 21-11-2016 regarding refusal of her

employment and requested that she be permitted

to resume her regular duties, but the said request

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7TH MAY, 2020

56

did not yield any results. She stated that the

Employer did not issue her any show cause notice,

memorandum or any warning letter. She stated that

the Employer did not follow the principles of

natural justice even considering the fact that she

had worked for the Employer for more than 13 years.

She submitted that the Employer did not conduct

any domestic enquiry against her, which is

mandatory as per law. She submitted that after the

refusal of employment to her by the Employer, she

raised an industrial dispute before ALC, Mapusa,

Goa, which ended in failure.

5. The Workperson contended that the action of

the Employer in refusing employment to her is

blatantly illegal, unjust and malafide. She

submitted that she is unemployed from the date of

her refusal of employment till date and is facing

severe hardships. The Workperson therefore prayed

that the action of the Employer in terminating her

services is illegal, malafide and unjust and that the

Employer be directed to reinstate her back in

service with full back wages, other benefits,

continuity in services and other consequential

benefits.

6. The Employer resisted the claim of the

Workperson by filing its written statement on

21-02-2018. The Employer, as and by way of its

preliminary objections, submitted that the

Government has not applied its mind while making

the reference and that the Workperson has not

raised any dispute against the Employer.

The Employer stated that it is a partnership firm,

having its office at Bicholim, Goa and factories at

Haturlim and Advoi. The Employer stated that it is

in the business of manufacture of cashew kernels

and cashew nut shell liquid at its factory. The

Employer stated that since it is also engaged in

the business of food products, it has a responsibility

to see that proper hygienic conditions are

maintained at the place of the factory. The Employer

stated that it has engaged workers in different

grades as per its seasonal requirement. The

Employer stated that its requirement of workforce

is programmed well in advance as per the

requirement of the work.

7. The Employer admitted that the Workperson

was appointed as a grader. The Employer admitted

that the Workperson is covered under the ESIC

Act, 1948 and was contributing to the said scheme.

The Employer stated that the Workperson

proceeded on maternity leave w.e.f. 02-01-2016 and

produced a certificate under the ESI Regulations,

1950 on 12-01-2016, wherein she was advised

absence from work from 02-01-2016 to 02-04-2016.

The Employer stated that the Workperson further

sent a certificate dated 06-04-2016, wherein she

was advised treatment attendance and

absenteeism from work on medical grounds for

“care and examination of lactating mother, low

back pain”. The Employer stated that the

Workperson thereafter sent another certificate

dated 03-05-2016 advising further absenteeism up

to 03-05-2016. The Employer stated that as per the

certificate dated 03-05-2016, the Workperson was

declared fit and was required to report for work

from 04-05-2016. The Employer stated that the

Workperson however, did not report for work from

04-05-2016 and remained absent unauthorizedly.

The Employer stated that the Workperson came to

the factory on 29-09-2016 to report for work and

was advised to produce the medical certificate from

ESIC for the period of her absence from 04-05-2016

to 28-09-2016 since the Workperson contended that

she was sick during the said period. The Employer

stated that the Workperson did not produce

any medical certificate or fitness certificate on

29-09-2016 and thereafter as advised and remained

absent again. The Employer stated that thereafter,

the Workperson sent a letter dated 19-10-2016 to

M/s. Narayan G.P. Zantey and Co., Bicholim

contending that the Workperson is working for the

said establishment for last 13 years and that after

her delivery, she could not join the duty due to her

new born baby and desires to join her duties. The

Employer stated that the Workperson also

requested to allow her to work at Haturlim factory

so that during the lunch break she could feed her

baby. The Employer stated that the Workperson

was never employed by the said establishment at

any time. The Employer stated that the Workperson

had also sent further letters dated nil on

02-11-2016 and dated 21-11-2016 to the said

establishment that after her maternity leave and

as soon as her leave was over, she went to join her

duties but the supervisor did not allow her to work.

The Employer stated that the Workperson also

requested the said establishment to allow her to

work at Haturlim factory. The Employer stated that

in reply to her letter, they sent a letter dated

25-11-2016 to the Workperson stating that neither

the Workperson had submitted the fitness

certificate nor informed the supervisor about her

absence and that she was called upon to bring a

letter from the concerned supervisor to that effect.

The Employer stated that the Workperson

thereafter did not report for work and raised a

dispute before the ALC, Mapusa, vide her

representation dated nil on 12-12-2016 against the

said establishment. The Employer stated that in

her letter dated nil, the Workperson has also

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57

contended that she is an employee of M/s. Narayan

G.P. Zantye and Co., Bicholim factory from 2003 and

working as a grader at Haturlim branch. The

Employer submitted that the Workperson has not

made a demand against them directly or through

the conciliation officer. The Employer stated that

the Workperson did not report for work from

04-05-2016 though she was declared fit to resume

work from 04-05-2016 as per the final certificate

dated 03-05-2016 issued by the Insurance Medical

Officer of ESI dispensary. The Employer stated that

as per the birth certificate dated 09-02-2016, the

Workperson delivered a child on 09-01-2016 and

prior to that the Workperson was on maternity leave

from 02-01-2016 for a period of 12 weeks i.e. up to

30-03-2016. The Employer stated that the

Workperson was required to report for work from

31-03-2016 with the fitness certificate from the

Insurance Medical Officer of ESI dispensary. The

Employer stated that in terms of regulation 57 of

the Regulations, 1950, when the examination is

the first examination in respect of spell of sickness

or a spell of temporary disablement, the medical

certificate shall be only in respect of date of

examination. The Employer stated that the first

certificate produced by the Workperson is dated

06-04-2016 and the sickness disablement is of

04-04-2016. In terms of regulations 57, the

Workperson was sick on 04-04-2016 and was

required to report for work from 05-04-2016. The

Employer stated that the Workperson did not report

for work from 05-04-2016 as per the certificate dated

06-04-2016 issued by the Insurance Medical Officer

under the said Regulation. The Employer stated

that in terms of Regulation 59 of the Regulations,

if the final certificate is not issued within seven

days of the date of the first certificate i.e.

06-04-2016, the Workperson was required to submit

intermediate certificate at intervals not more

than seven days each commencing from the date

of the first certificate. The Employer stated that

the Workperson, however, did not submit an

intermediate certificates as required from

06-04-2016 till 03-04-2016. The Employer stated that

the Workperson was declared fit to resume

duties from 04-05-2016 as per the certificate dated

03-05-2016, but the Workperson did not attend work

from 04-05-2016. The Employer stated that if the

Workperson was sick even after declaring her fit to

report for work from 04-05-2016, she should have

sent periodical certificate from the IMO of the ESI

dispensary every week as required under

Regulation 59 of the Regulations. The Employer

stated that the Workperson has produced a

certificate dated 29-09-2016 as final certificate from

the IMO of the ESI dispensary, Bicholim, wherein it

has been mentioned that the Workperson will be

fit to resume work on 29-09-2016. The Employer

stated that the said certificate does not specify as

to when the first certificate or spell of sickness of

disablement had been issued to the Workperson

by the said IMO, ESI Dispensary. The Employer

stated that the said certificate dated 29-09-2016

also does not mention as to from what date the

Workperson was advised absenteeism from work

on account of her sickness. The Employer stated

that the said certificate dated 29-09-2016 appears

to have been issued mechanically by the IMO, ESI

Dispensary without any cause. The Employer stated

that the Workperson had remained absent

unauthorizedly w.e.f. 04-05-2016 and continued to

remain absent up to 29-09-2016. The Employer

stated that the Workperson came to report for work

on 29-09-2016 and when questioned by the

Manager, the Workperson informed that she was

sick. The Employer stated that they therefore

advised the Workperson to produce medical

certificate from IMO, ESI Dispensary covering the

period of her alleged sickness from 04-05-2016 to

28-09-2016 and final fitness certificate to work from

29-09-2016. The Employer stated that the

Workperson did not produce any certificate to that

effect and continued to remain absent. The

Employer stated that thereafter the Workperson,

vide her letter dated nil, received on or about

02-11-2016 contended that she was on maternity

leave before 09 months of 02-11-2016 and as soon

as her leave was over, she joined her duty, but the

supervisor had not allowed to work. The Employer

stated that the Workperson thereafter sent a

reminder dated nil on or before 21-11-2016 to them.

The Employer stated that in reply to the aforesaid

letter of the Workperson, they, vide their letter

dated 25-11-2016, informed the Workperson that

she had not submitted any fitness certificate for

joining the duties nor informed any supervisor

about her absence. The Employer stated that the

Workperson was also advised to bring a letter from

the concerned supervisor to whom she had

intimated before taking leave. The Employer stated

that the Workperson did not produce any certificate

from the concerned IMO of ESI dispensary, Bicholim

declaring the Workperson fit to work. The Employer

stated that the Workperson thereafter raised an

industrial dispute against the said establishment

before the Labour Inspector at Bicholim on

07-12-2016 and before the Asstt. Labour

Commissioner, Mapusa on 09-12-2016 alleging that

she had taken maternity leave by informing the

supervisor as per the senior’s instructions and after

finishing her leave, she went to report for duty and

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58

the Manager restrained her from joining the duties

on 29-09-2016. The Employer stated that the

contention raised by the Workperson in her various

letters are afterthought. The Employer stated that

the Workperson did not report for work from

04-05-2016 though she was declared fit to work

from 04-05-2016. The Employer stated that the

Workperson also did not send any letter to them

about her inability to report for work. The Employer

stated that during the conciliation proceedings

before the ALC, Mapusa, the Workperson was

instructed to report for work at its branch at Advoi,

but the Workperson refused to report at Advoi and

insisted that she should report only at its Haturlim

branch of the factory. The Employer stated that on

account of the continuous absence of the

Workperson from 02-01-2016 to 03-05-2016 being

on maternity leave as declared by the IMO, ESI

Dispensary, Bicholim and unauthorized absence

from 04-05-2016, they had to employ another grader

in place of the Workperson at Haturlim and as

such the Employer decided to accommodate the

Workperson at its other branch at Advoi. The

Employer stated that during the course of

the conciliation, the Workperson reply dated

10-05-2017 to ALC, Mapusa, wherein the

Workperson for the first time contended that she

had sent all the fitness certificate to them, though

she and her representative from time to time and

also informed Mr. Anand Naik, Supervisor to extend

her leave because of some medical emergencies.

The Employer stated that the Workperson also

contended that the extension of leave was because

of her infant baby and babies’ health and there is

no question of medical certificate in her case as

the leave was extended for the betterment of her

baby. The Employer stated that the said contention

of the Workperson were afterthoughts. The

Employer stated that the Workperson abstained

from work from 04-05-2016 without leave and

authorization till 28-09-2016 and continued to

remain absent thereafter and even after the

Workperson was offered employment at its other

branch at Advoi. The Employer submitted that its

action in not allowing the Workperson to report for

work in the absence of fitness certificate issued by

the ESI Dispensary is legal, just and proper and the

Workperson is not entitled to any relief. The

Employer denied the overall case as pleaded by

the Workperson and prayed for dismissal of the

present reference.

8. Thereafter, the Workperson filed the rejoinder

on 22-03-2018 at Exb. 9. The Workperson, by way

of her rejoinder, reiterates all the submissions and

averments made by her in her claim statement to

be true and correct and denies all the statements

and averments made by the Employer in their

Written Statement, which are contrary and

inconsistent with the statements and averments

made by her. The Workperson reiterated that she

never refused to join the services at any time and

she is still willing to join the services at the place

where she was working for last several years.

9. Based on the pleading filed by the parties

hereinabove, this court framed the following issues.

1. Whether the Workperson/Party I proves that

the action of the Employer/Party II in refusing

her employment w.e.f. 29-09-2016 is illegal

and unjustified?

2. Whether the Employer/Party II proves that

the reference is not maintainable in view of

the reasons stated in para 2 (a) and 2 (b) of

the written statement?

3. Whether the Workperson is entitled to any

relief?

4. What Order? What Award?

10. My findings to the aforesaid issues are as

under:

(a) Issue No. 1:

In the affirmative.

(b) Issue No. 2:

In the negative.

(c) Issue No. 3 and 4:

As per final order.

I have heard the oral argument of Ld. Adv.

Shri Mandar Naik h/f Adv. Shri A. Prabhugaonkar,

appearing for the Workperson as well as Ld. Adv.

Shri P. J. Kamat, appearing for the Employer. Both

the parties also chose to file the synopsis of written

arguments respectively.

11.

Ld. Adv. Shri Mandar Naik, appearing for

the Workperson, during the course of his oral

arguments submitted that the Workperson was

appointed as grader in grading department by the

Employer from the year 2003. He submitted that

the Workperson was working for the Employer for

about 13 years till she was refused the employment

with effect from 29-09-2016. He submitted that the

Workperson was not issued any letter of

appointment inspite of her repeated request. He

submitted that the Workperson proceeded on

maternity leave from 06-01-2016 to 04-05-2016. He

submitted that the Workperson had delivered a

baby boy on 09-01-2016. He submitted that after

completing the maternity leave, the Workperson

reported to her duty on 04-05-2016. He submitted

that however, due to ill health of her infant baby

and as no one was there to take care of her baby,

the Workperson decided to extend her leave. He

submitted that on 04-05-2016, the Workperson had

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7TH MAY, 2020

59

orally informed the supervisor of the Employer,

Shri Anand Naik that she is extending her leave

till 29-09-2016 due to ill health of the baby and to

take care of her baby. He submitted that the

manager of the Employer, Shri Anand Naik has

confirmed that her leave was sanctioned/approved

for the period from 04-05-2016 to 29-09-2016. He

submitted that the Workperson had not received

any show-cause notice or any other intimation from

the Employer about the alleged unauthorised

absenteeism or to direct to report for duties. He

submitted that after completing her extended

leave, she reported for work on 29-09-2016, she was

not allowed to perform her duty and she was

shocked to hear that her services were terminated

by the Employer by informing that she is not

supposed to report for her duty. He submitted that

the Workperson made an application to the

Manager of the Employer on 02-11-2016 and

21-11-2016 pertaining to refusal of her employment

and requested to resume her regular duty but it

went in vain. He submitted that the refusal of

employment to the Workperson is in violation of

Section 25-F of the I.D. Act, 1947 and as such it is

illegal and unjustified. In support of his aforesaid

contention, he relied upon a judgment in the case

of Executive Engineer, HPSEBL v/s. Shri Jagdish

Chand, reported in 2018 3 CLR 807 of the Hon’ble

High Court of Himachal Pradesh. He submitted

that the Employer raised a preliminary objection

by alleging that the Government has not applied

its mind while making the reference and that the

Workperson has not raised any dispute against the

Employer. He submitted that the burden was cast

on the Employer to prove the said issue. He

submitted that the Employer in its letter dated

03-05-2017 addressed to the ALC, Mapusa stated

that the Workperson is an employee of M/s. Narayan

G. P. Zantye and Company, but she is the employee

of M/s. Zantye Brothers, Advoi/Haturlim, Bicholim,

Goa. He submitted that the letter of the Workperson

addressed to the ALC, Mapusa, Goa at Exb.18-colly

clearly indicates that the Workperson raised the

industrial dispute against the Employer. He

submitted that in case of wrongful termination of

service, reinstatement alongwith continuity in

service and full back wages is the normal rule. He

submitted that the Workperson was unemployed

from the date of her refusal till date. He therefore

submitted that the Workperson is entitled for

reinstatement with full back wages and continuity

in service. He submitted that during the course of

conciliation proceedings, the Workperson was

offered by the Employer to join the duty at its

Advoi branch on piece rate basis. He submitted

that the services of the Workperson were also

transferred by the Employer. He submitted that

the Workperson refused the said offer of joining

duty at its Advoi branch as the said offer is in

violation of the service conditions of the

Workperson prior to refusal of her employment. In

support of his oral contention he relied upon the

following judgments:

(a) In the case of Management of M/s. Rajasthan

Patrika Ltd. in writ petition No. 6621/2005 of

Hon’ble High Court of Delhi.

(b) In the case of Max Flow Pumps India (P) Ltd.

v/s Presiding Officer, Industrial Tribunal-

-cum- Labour Court III, Gurugram and Anr.,

reported in 2019 LLR 1209 of Hon’ble High

Court of Punjab and Haryana.

(c) In the case of Uptron India Ltd. v/s. Shammi

Bhan and Anr., reported in (1998) 6 SCC 538

of Hon’ble Supreme Court of India.

(d) In the case of Jasmer Singh v/s. State

of Haryana and Anr., reported in (1996) 11

SCC 77 of Hon’ble Supreme Court of India.

12. Per contra, Ld. Adv. Shri P. J. Kamat,

representing the Employer, during the course of

his oral arguments submitted that the Workperson

was working with the Employer. He submitted that

the Workperson proceeded on maternity leave w.e.f.

02-01-2016. He submitted that the Workperson

produced on record ESI certificate dated

12-01-2016 (Exb. 27). He submitted that the said

ESI certificate on record indicates that the

Workperson was advised absence from work from

02-01-2016 to 02-04-2016. He submitted that the

Workperson also produced on record ESI certificate

dated 06-04-2016 (Exb. 13) wherein the Workperson

was advised treatment attendance and

absenteeism from work on medical grounds for care

and examination of lactating mother, low back pain.

He submitted that the Workperson also produced

on record an ESI certificate dated 03-05-2016

(Exb.14) advising further absence up to 03-05-2016

and was declared fit to resume work w.e.f.

04-05-2016. He submitted that the Workperson was

required to report for work w.e.f. 04-05-2016 as per

the medical certificate issued under ESI scheme.

He submitted that the Workperson has however,

did not report for work from 04-05-2016 and

remained absent unauthorizedly till 28-09-2016.

He submitted that the Workperson came to the

factory on 29-09-2016 to report for work and was

advised to produce a medical certificate from ESIC

for the period of her absence from 04-05-2016 till

28-09-2016 as the Workperson contended that she

was sick during the said period. He submitted that

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during the course of conciliation proceedings, the

Employer decided to accommodate the Workperson

at its another branch at Advoi and was given an

offer to work at Advoi branch which was refused

by the Workperson. He submitted that neither the

Employer refused the employment to the

Workperson nor they have terminated the services

of the Workperson on 29-09-2016 or at any time

thereafter. He submitted that the Workperson has

admitted that during the conciliation proceedings

she was told by the Manager of the Employer to

report at Advoi factory of the Employer and that

she insisted that she should be allowed to report

for work at Haturlim factory of the Employer. He

submitted that the behaviour of the Workperson in

this respect is not conducive and if the Workperson

was really in need of service, she should have

accepted the offer and joined at Advoi factory. He

submitted that since the Workperson has refused

to join the work at Advoi she is not entitled for

reinstatement as well as back wages. In support of

his oral contentions, he relied upon two judgments

of Hon’ble High Court of Bombay, one in the case

of R.K. Kitchen Equipment’s, Mumbai v/s. M.Y.

Hurape and Anr., reported in 2003 II CLR 794

and another in the case of Raju Sankar Poojary

v/s. Chembur Warehouse Co. and Anr., reported

in 2003 (99) FLR 839, wherein the Hon’ble High

Court referred the case of Sonal Garments v/s.

Trimbak Shankar Karve, reported in 2003 (96)

FLR 498. He submitted that the employees of the

Employer are governed by Certified Standing

Orders. He submitted that clause 12 of the said

CSO provides for transfer of the workers of the

Employer. He submitted that having declined the

offer given by the Employer to the Workperson, she

is not entitled to reinstatement in service with or

without back wages. He relied upon three

judgments of Hon’ble Supreme Court of India, one

in the case of Salem Erode Electricity v/s. Salem

Erode Electricity, reported in 1966 AIR 808,

second in the case of United Provinces Electricity

Supply Co. Ltd, Allahabad v/s. T.N. Chatterji and

Ors., reported in 1972 AIR 1201 and third in

the case of Agra Electric Supply Co. Ltd. v/s.

Shri Alladin and Ors., reported in 1970 AIR 512.

I have carefully perused the entire records of

the present case including the synopsis of written

arguments filed by the respective parties. I have

also carefully considered the submissions advanced

before me.

REASONS

13. Issue No. 1:

In the case of Uptron India Ltd. (supra), before

the Hon’ble Apex Court, the Respondent

proceeded and remained absent till 29-01-1985 on

maternity leave and thereafter, she allegedly

remained absent w.e.f. 30-01-1985 to 12-04-1985

without any application for leave. The Petitioner

informed the Respondent that her services stood

automatically terminated in terms of clause 17 (g)

of the Certified Standing Orders. Respondent raised

‘industrial dispute’ which came for adjudication

before the Industrial Tribunal, Lucknow. The

Tribunal, by its award dated 21-07-1992 held that

the termination of services of the Respondent

amounted to “Retrenchment within the meaning

of Section 2 (oo) of the I.D. Act and since all other

legal requirements had not been followed, the

termination was bad and consequently, she was

entitled to reinstatement as also 50% of back wages

from the date of termination till reinstatement. The

said award was challenged by the Petitioner in

writ petition before the Hon’ble High Court of

Allahabad, which was dismissed by its judgment

dated 28-10-1997 and uphold the award of the

Tribunal. The Petitioner, therefore, filed special

leave petition before the Hon’ble Apex Court. The

Hon’ble Apex Court after relying upon its earlier

judgment in the case of D. K. Yadav v/s. J. M. A.

Industries Ltd., reported in (1993) 3 SCC 259,

dismissed the special leave petition filed by the

Petitioner.

14. In the case of Max flow Pumps India (P)

Ltd. (supra), before the Hon’ble High Court of

Punjab and Haryana, the Workperson was

appointed as Turner in the Petitioner Company on

01-08-1996. The services of the Respondent were

illegally terminated on 03-03-2012 without

issuance of notice, notice pay and payment of

retrenchment compensation or conducting

domestic enquiry. The Industrial Tribunal held that

the termination of services of the Workperson is

illegal and unjustified by observing that the

management had failed to prove the plea of

abandonment and therefore it was a case of illegal

retrenchment because prior to dispensing with the

services of Workperson mandatory provision of

Section 25-F of the I.D. Act has not been complied

with. Accordingly, the Workperson was held

entitled to reinstatement with consequential relief,

continuity in service and full back wages w.e.f. the

date of termination till reinstatement. The writ

petition filed before the Hon’ble High Court against

the order of the Tribunal was dismissed in limine.

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15. The Hon’ble High Court of Himachal Pradesh,

in its case of Executive Engineer, HPSEBL (Supra),

had relied upon a judgment of Hon’ble High Court

of Bombay in the case of Ocean Creations v/s.

Manohar Gangaram Kamble, reported in (2013

SCC online 1537), In the case of Ocean Creations

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

held as under:

“…..It is now well settled that even in the case of

the abandonment of service, the employer has to

give a notice to the workman calling upon him to

resume his duty and also to hold an enquiry before

terminating his service on that ground. In the

present case the employer has done neither. It was

for the employer to prove that the workman had

abandoned the service. ……………..it is therefore

difficult to believe that the workman who had

worked continuously for six to seven years, would

abandon his service for no rhyme or reason. It has

also to be remembered that it was the workman

who had approached the Government Labour Officer

with a specific grievance that he was not allowed to

join his duty. It was also his grievance that although

he had approached the company for work from time

to time, and the company’s partner Anand had kept

on promising him that he would be taken in service,

he was not given work and hence he was forced to

approach the Government Labour Officer. In the

circumstances, it is difficult to believe that he would

refuse the offer of work when it was given to him

before the Labour Officer……….”

The principle laid down by the Hon’ble Apex

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

Punjab and Haryana and Hon’ble High Court of

Himachal Pradesh in its aforesaid cases

respectively is well recognised and also applicable

to the case in hand.

16. In the instant case, indisputably, the

Employer is in the business of manufacture of

cashew kernels and cashew nut shell liquid at its

factory at Haturlim and Advoi. The Workperson is

a resident of Haturlim. The Workperson was

employed with the Employer as a Grader in grading

department at Haturlim from the year 2003 till she

was refused the employment w.e.f. 29-09-2016.

There is nothing on record to show that the past

records of the Workperson was blemished. The

Workperson went on maternity leave for the

period from 06-01-2016 to 04-05-2016 for 12 weeks.

According to the Workperson, she extended her

leave till 28-09-2016 by orally informing the

Supervisor, Shri Anand Naik by producing medical

certificate.

17. The Employer disputed that the Workperson

was on unauthorised leave from 04-05-2016 till

28-09-2016. The Employer, in para 7 of its letter

dated 03-05-2017, addressed to the Asstt. Labour

Commissioner, Mapusa, Goa at Exb. 20 stated that

as per Standing Orders, the Workperson shall be

deemed to have left the services of the Company

from the day she remained absent. The sole witness

of the Employer, Shri Raghunath Bordekar,

its Manager, during the course of his cross-

examination, admitted that the Workperson was

not communicated to report for duties by stating

that she remained absent unauthorizedly for the

aforesaid period, though she was from the same

village, where the Employer factory is located.

Neither the Workperson was issued any show-cause

notice or memo nor conducted an enquiry by

issuing a charge-sheet for her aforesaid

absenteeism. It is pertinent to note that the

Employer replaced the Workperson by another

worker. There is nothing on record to show that

the Workperson was issued notice or one months’

pay in lieu of notice and retrenchment

compensation as mandatorily required for

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

The evidence on record indicates that on

29-09-2016, when the Workperson reported for work

at Haturlim factory of the Employer, she was told

to bring a fitness certificate and not allowed to

perform the duties. The Employer admitted that

the Workperson sent two ESI certificates at Exb.13

and Exb. 14 to them in its written statement filed

in the present proceedings. The said ESI

certificates one dated 06-04-2016 (Exb. 13) and

another dated 03-05-2016 (Exb. 14) produced by

the Workperson on record indicates that the

Workperson remained absent on account of taking

care and examination of lactating mother, low back

pain and care, examination of lactating mother

and that she will be fit to resume for duty

on 04-05-2016 respectively. The aforesaid ESI

certificates at Exb. 13 and Exb. 14 sent to the

Employer indicates that the Workperson remained

absent to take care and betterment of her baby.

The said certificates on record indicates that the

Workperson had informed the Employer about her

absenteeism for taking care and betterment of her

new born baby. The aforesaid facts on record clearly

indicates that the Workperson was refused the

employment by the Employer w.e.f. 29-09-2016 and

that the said refusal of employment to the

Workperson amounts to illegal termination of

services. The issue No. 1 is therefore answered in

the affirmative.

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18. Issue No. 2:

The Employer, as and by way of its preliminary

objection submitted that the reference is not

maintainable as the Government has not applied

its mind while making the reference and that the

Workperson has not raised any dispute against

them. The burden was cast on the Employer to

prove the said issue No. 2.

The sole witness of the Employer, Shri

Raghunath D. Bordekar, its Manager stated on oath

that the reference is not maintainable as the

Government has not applied its mind while making

the reference and that the Workperson has not

raised any dispute against them. However, letter of

the Employer dated 03-05-2017 at Exb. 20,

addressed to the Asstt. Labour Commissioner,

Mapusa, Goa admitted that the Workperson was

its employee in reply to its letter dated 03-11-2016

and dated 21-11-2016. Further, the minutes of the

meeting held on 28-06-2017 before the ALC,

Mapusa, Goa (Exb. 23) as well as report on failure

of conciliation proceedings dated 09-10-2017

(Exb. 24) on record clearly indicates that the

Workperson raised an industrial dispute against

the Employer for refusal of her employment. Thus,

the aforesaid documentary evidence on record

clearly indicates that the Workperson had raised

an industrial dispute against the Employer for

refusal of her employment. Hence, it is held that

the Employer failed to prove that the reference is

not maintainable in view of the reasons stated in

para 2 (a) and 2 (b) of the written statement.

The Employer, in its written statement filed in

the present proceedings, contended that the

Workperson has not made any demand on the

Employer and as such the reference is not

maintainable. However, I am not in agreement with

the aforesaid submission of the Employer.

19. The Hon’ble Supreme Court of India in its

case of Shambu Nath Goyal v/s. Bank of Baroda,

Jullundar, reported in 1978 1 LLN 340, held that

“…………The Act nowhere contemplates that the

dispute would come into existence in any particular,

specific or prescribed manner. For coming into

existence of an industrial dispute a written demand

is not a sine qua non, unless of course in the case

of public utility service because Sec. 22 forbids going

on strike without giving a strike notice.”

“In this case the Tribunal completely misdirected

itself when it observed that no demand was made

by the workman claiming reinstatement after

dismissal. When the inquiry was held, it is an

admitted position, that the workman appeared and

claimed reinstatement. After his dismissal, he

preferred an appeal to the Appellate forum and

contended that the order of dismissal was wrong.

Unsupported by evidence and in any event, he

should be reinstated in service. If that was not a

demand for reinstatement addressed to employer

what else would it convey. That appeal itself is a

representation questioning the decision of the

Management dismissing the workman from service

and praying for reinstatement. There is further a

fact that when the Union approached the

Conciliation Officer the Management appeared and

contested the claim for reinstatement. There is thus

unimpeachable evidence that the concerned

workman persistently demanded reinstatement. If

in this background, the Government came to the

conclusion that there exists a dispute concerning

workman S.N. Goyal and it was an industrial dispute

because there was demand for reinstatement and a

reference was made, such reference could hardly be

rejected on the ground that there was no demand

and the industrial dispute did into come into

existence. Therefore, the Tribunal was in error in

rejecting the reference on the ground that the

reference was incompetent. Accordingly, this appeal

is allowed and the Award of the Tribunal is set

aside and the matter is remitted to tribunal for

disposal according to law………….”

The principle laid down by the Hon’ble Apex

Court in its aforesaid judgment is well settled and

squarely applicable to the case in hand. In the

instant case, the oral as well as documentary

evidence on record indicates that the Workperson

addressed a letter to the Employer for allowing her

to work in the factory of the Employer at Haturlim.

The evidence on record further indicates that the

Workperson also approached the Asstt. Labour

Commissioner, Mapusa, Goa and that the

management appeared and contested the claim

for reinstatement of the Workperson. Thus, the

contention of the Employer that there was no

demand by the Workperson is devoid of merits.

The issue No. 2 is therefore answered in the

negative.

20. Issue No. 3:

While deciding the issue No. 1 hereinabove, I

have discussed and come to the conclusion that

the action of the Employer in refusing employment

to the Workperson w.e.f. 29-09-2016 is illegal and

unjustified and that the said refusal of employment

to the Workperson amounts to illegal termination

of her services.

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21. Ld. Adv. Shri Mandar Naik, representing the

Employer submitted that the Workperson is

entitled for reinstatement with full back wages,

continuity in services and consequential benefits

and relied upon a judgment of Hon’ble Apex Court

in the case of Jasmer Singh (Supra). In the said

case of Jasmer Singh (supra), the Hon’ble Supreme

Court of India, after relying its earlier judgment in

the case of Anoop Sharma v/s. Executive

Engineer, Public Health Division reported in 2010

(3) SCT 319, in the case of Harijinder Singh v/s.

Punjab State Warehousing Corporation, reported

in 2010 (3) SCC 192 and in the case of Deepali

Gundu Surwase v/s. Kranti Junior Vidhyalaya,

reported in (2013) 10 SCC 324, in para 22 of its

judgment held as under:

“22. The very idea of restoring an employee to

the position which he held before dismissal or

removal or termination of service implies that

the employee will be put in the same position

in which he would have been but for the illegal

action taken by the employer. The injury

suffered by a person, who is dismissed or

removed or is otherwise terminated from service

cannot easily be measured in terms of money.

With the passing of an order which has the

effect of severing the Employer employee

relationship, the latter’s source of income gets

dried up. Not only the concerned employee,

but his entire family suffers grave adversities.

They are deprived of the source of sustenance.

The children are deprived of nutritious food

and all opportunities of education and

advancement in life. At times, the family has to

borrow from the relatives and other

acquaintance to avoid starvation. These

suffering continue till the competent

adjudicatory forum decides on the legality of

the action taken by the employer. The

reinstatement of such an employee, which is

preceded by a finding of the competent

judicial/quasi-judicial body or court that the

action taken by the Employer is ultra vires the

relevant statutory provisions or the principles

of natural justice, entitles the employee to claim

full back wages. If the Employer wants to deny

back wages to the employee or contest his

entitlement to get consequential benefits, then

it is for him/her to specifically plead and prove

that during the intervening period the

employee was gainfully employed and was

getting the same emoluments. Denial of back

wages to an employee, who has suffered due

to an illegal act of the Employer would amount

to indirectly punishing the concerned employee

and rewarding the Employer by relieving him

of the obligation to pay back wages including

the emoluments.”

22. The Hon’ble Supreme Court of India, in its

recent judgment in the case of Jayantibhai

Raojibhai Patel v/s. Municipal Council Narkhed

and Ors., reported in 2019 SCC online 1071, after

relying upon its earlier decisions in the case of

Hindustan Tin Works (P) Ltd. v/s. Employees

(Hindustan Tin Works), Surendra Kumar Verma

v/s. Central Govt., Industrial Tribunal-cum-

-Labour Court and in the case of Deepali Gundu

Surwase (supra) reiterated the same principle and

held that

“13. Having due regard to the principles which

have been enunciated in Deepali Surwase by

this Court, the High Court was not, in our

view, justified in denying the back-wages to

the appellant altogether. Bearing in mind the

circumstances which have been noted above,

a lumpsum compensation should be directed

to be paid.

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

Court in its aforesaid judgments is well settled and

binds a precedent upon me. In the case in hand,

the Workperson was in the employment of the

Employer from the year 2003 till she was illegally

terminated from her services w.e.f. 29-09-2016. The

oral evidence on record indicates that after

termination of her services, the Workperson is

unemployed from the date of illegal termination

w.e.f. 29-09-2016 till date. Neither the Employer

pleaded nor adduced any evidence to suggest that

the Workperson is gainfully employed from the date

of her illegal termination till date. In the

circumstances, the Workperson is entitled for

reinstatement in service with full back wages,

continuity in service and consequential benefits

thereof.

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

Employer, during the course of his oral arguments

relied upon two judgments of Hon’ble High Court

of Bombay, one in the case of R. K. Kitchen

Equipments (Messrs.) Mumbai (supra) and another

in the case of Raju Sankar Poojary (supra), wherein

the Hon’ble High Court has held that if the

Employer offers the reinstatement to the

Workperson at any stage of the dispute or

proceedings and if the Workperson does not accept

the offer even without prejudice to his rights and

contentions, he will not be entitled to continue his

claim for reinstatement in the proceedings as well

as claim for back wages.

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25. The principle laid down by the Hon’ble High

Court is not applicable to the case in hand as the

offer to join the services were given to the

Workperson on piece rate basis, during the course

of conciliation proceedings before the ALC,

Mapusa, in the written statement as well as in the

cross-examination of the Workperson. The said offer

to join the services on piece rate basis is totally

different service condition than her earlier service

conditions. Thus, the said offer to join service on

piece rate basis violates her service conditions prior

to her illegal termination. Change in service

conditions can be effected by resorting to the

procedure under the I.D. Act. There is no material

advanced by the Employer that this procedure has

been complied with.

26. Ld. Adv. Shri Mandar Naik, appearing for

the Workperson during the course of his arguments

submitted that the Workperson was transferred to

Advoi factory from its Haturlim factory, which also

amounts to violation of her service conditions and

relied upon a judgment in the case of Management

of M/s. Rajasthan Patrika Ltd. (supra) of Hon’ble

High Court of Delhi.

However, the principle laid down by the Hon’ble

High Court of Delhi is not applicable to the case in

hand as the facts of the said case are totally

different than the case in hand.

27. On the contrary, Ld. Adv. Shri P. J. Kamat,

representing the Employer submitted that the

Workperson is governed by the Certified Standing

Orders of the Employer irrespective of her joining

in the employment and relied upon a five bench

judgment of Hon’ble Apex Court in the case of

United Provinces Electric Supply Co. Ltd,

Allahabad (Supra), it has been held in para 9 of its

judgment as under:

“9. For the reasons given above this court held

that the Act was meant to enable Standing

Orders to be made to bind not only those who

were employed subsequent to their certification

but also those who were already in

employment. If any other result were to follow

there would be different conditions of

employment for different classes of workmen

which would render the conditions of their

service as indefinite and diversifies as before

the enactment of the Act. Support was derived

from the decision in Salem Erode Electricity

Distribution case (3) in which departure was

made from the view previously taken in the

case of Guest Keen Williams Pvt. Ltd. (1)”.

28. The Hon’ble Supreme Court of India in its

case of Salem Erode Electricity (Supra), held that

“In dealing with this point, it is necessary to examine

the broad features of the Act and consider its main

purpose and object. The Act was passed in 1946

and its main object was to require the employers in

industrial establishments to which the Act applied,

to define formally the terms and conditions of

employment in their respective establishments. In

imposing this obligation on the employers, the Act

intended that the terms and conditions of Industrial

employment should be well-defined and should be

known to the employees before they accepted the

employment. As we will presently point out, one of

the objects of the Act was to introduce uniformity

of terms and conditions of employment in respect of

workmen belonging to the same category and

discharging the same or similar work under an

industrial establishment. Before the Act was passed,

employees in many industrial establishments were

governed by oral terms and conditions of service

which were not uniform and which had been entered

into on an ad hoc basis. The Act now requires that

terms and conditions of employment in relation to

matters specified in the Schedule must be included

in the Standing Orders and they must be certified.

It would at once be clear that by the operation of the

Act, all industrial establishments will have to frame

terms and conditions of service in regard to all the

matters specified in the Schedule, and that naturally

would introduce an element of uniformity inasmuch

as industrial employment in all establishments to

which the Act applied would, after the Act was

passed, be governed by terms and conditions of

service in respect of matters which are common to

all of them. That, in brief, is the object which the

Act intends to achieve.”

The principle laid down by the Hon’ble Apex

Court in its aforesaid judgments is well settled and

also applicable to the case in hand.

29. In the instant case, the Employer has

produced on record the Certified Standing Orders

applicable to its workmen (Exb. 34). Clause 12 of

the said CSO at Exb. 34 provides for transfer and

it reads as under:

12. Transfer Etc:

“(i) In the interest of the Company, a

Workperson shall be liable to be transferred, at

the discretion of the Company, from one job to

another or from one department/section to

another, or from one unit or establishment to

another unit of the establishment (existing or

future) of the Company and on such transfer

he will be governed by the terms and conditions

of service applicable to that department/

/section, unit or establishment to which he is

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transferred. Such transfer may be anywhere in

Goa. However with the consult of Workperson

he may be transfer outside Goa without any

extra remuneration.”

30. The said clause of transfer appearing in the

Certified Standing Orders of the Employer

empowers the Employer to transfer its workers in

any of its branches. Whilst, transfer is permissible

under the Certified Standing Orders. It is not that

transfer can be whimsical and in change of service

conditions specifically change in the remuneration

of the Workperson from monthly rated to piece rate

basis. The said change adversely affects the terms

of initial employment of the Workperson. Hence, I

do not find any merits in the submissions of Ld.

Adv. Shri Mandar Naik, appearing for the

Workperson.

In view of the above, I proceed to pass the

following order:

ORDER

1. It is held that the action of the management

of M/s. Zantye Brothers, Haturlim, Bicholim,

Goa, in refusing employment to Mrs. Shreya

S. Gosavi, Grader, with effect from

29-09-2016, is illegal and unjustified.

2. The Employer, M/s. Zantye Brothers, is

hereby directed to reinstate the Workperson,

Mrs. Shreya S. Gosavi, Grader along with

full back wages, continuity in service and

consequential benefits thereof within a

period of 60 days of this order.

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. 5/40-7/89/LD(Estt)/744

Whereas, the Government vide Notification

No. 5/40-7/89/LD dated 16-05-1990, published

in the Official Gazette, Series II No. 9 dated

31-05-1990, appointed Mr. Mathew N. D’Sa,

Advocate (hereinafter referred as the “Applicant”)

as a Notary for period of three years with effect

from 16-05-1990, for the area of Salcete taluka;

And whereas, the Government vide Certificate

of Practice dated 16-05-1990 has certified that the

Applicant is authorized to practice as a Notary for

a period of three years from 16-05-1990 for the area

of Salcete taluka;

And whereas, the Government on the request of

the Applicant had renewed his Certificate of

Practice as a Notary for subsequent 07 terms and

the period of validity of the Certificate of Practice

in the Endorsement dated 30-04-2014 issued to the

Applicant, expired on 15-05-2019. However, vide

email letter dated 17-04-2019 addressed to the Law

Secretary, the applicant informed that he does not

wish to continue his practice as a Notary nor

desires to renew the Notarial Certificate of Practice;

And now therefore, in pursuance of Clause (a) of

Section 10 of the said Act, the Government of Goa

hereby removes from the Register maintained by it

under Section 4 of the said Act, the name of

Applicant entered as a Notary.

By order and in the name of the Governor of

Goa.

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

Porvorim, 27th April, 2020.

———uuu———

Department of Personnel

__

Order

No. 7/3/2019-PER/390

Shri Shashank Mani Tripathi, IAS, Director of Sports

and Youth Affairs, shall also work as Additional

Collector (North), in addition to his own duties,

with immediate effect and until further orders.

By order and in the name of the Governor of

Goa.

Harish N. Adconkar, Joint Secretary (Personnel).

Porvorim, 26th March, 2020.

________

Order

No. 6/13/2017-PER/393

Read: Order No. 6/13/2017-PER/392 dated

26-03-2020.

Shri Sanjeev C. Gauns Dessai, GCS, Director

(Vigilance), shall also work as Additional Collector

(South), in addition to his own duties, with

immediate effect and until further orders.

By order and in the name of the Governor of

Goa.

Harish N. Adconkar, Joint Secretary (Personnel).

Porvorim, 26th March, 2020.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

7TH MAY, 2020

66

Department of Public Health

__

Order

No. 22/4/2001-I/PHD/679

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/II/11/24(1)/2020/431 dated 09-03-2020,

Government is pleased to promote Ms. Avita

Fernandes, Clinical Instructor to the post of

Assistant Professor in the Institute of Nursing

Education under Directorate of Health Services

on regular basis in the Level 10 of Pay Matrix

[Pay Band-3 Rs. 15,600-39,100+GP: Rs. 5400/-

(pre-revised)] and other allowances to be fixed as

per rules with immediate effect.

Ms. Avita Fernandes shall be on probation for a

period of two years with effect from the date of

joining.

The promotion is made against the vacancy

occurred due to retirement of Ms. Maria Helena

Crasto, Assistant Professor w.e.f. 01-01-2018.

By order and in the name of the Governor of

Goa.

Swati A. Dalvi, Under Secretary (Health).

Porvorim, 31st March, 2020.

________

Order

No. 7/24/2018-III/PHD/837

Read:

Memorandum No. 7/24/2018-III/PHD/167

dated 13-01-2020.

On the recommendations of the Goa Public

Service Commission as conveyed vide letter

No. COM/I/5/35(6)/2018/1332 dated 28-11-2019,

Government is pleased to appoint Dr. Bharati

Chandrashekhar Chavan to the post of Associate

Professor in Psychiatric Social Work (Group “A”

Gazetted) in Level-11 of Pay Matrix (pre-revised-

-Pay Band-3 Rs. 15,600-39,100+Grade Pay of

Rs. 6,600/-) under the Institute of Psychiatry &

Human Behaviour with immediate effect as per the

terms and conditions contained in the

Memorandum cited above.

Dr. Bharati Chandrashekhar Chavan shall be on

probation for a period of two years.

Dr. Bharati Chandrashekher Chavan has been

declared medically fit by the Medical Board and

also there is nothing adverse reported against her

at the concerned Police Station, as per verification

of character and antecedents report submitted by

District Magistrate, North Goa, Panaji.

The recruitment is made against the vacancy

occurred due to creation of 01 post of Associate

Professor in Psychiatric Social Work vide Order

No. 6/6/2009-III/PHD dated 12-07-2016 and kept

alive vide Order No. 6/6/2018-III/PHD/2127 dated

13-07-2018 and Corrigendum No. 6/6/2018-III/PHD/

/3927 dated 17-10-2018 and subsequently revived

vide Order No. 6/3/2018-III/PHD/1339 dated

10-09-2019.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 15th April, 2020.

________

Order

No. 25/13/2019-I/PHD/793

Read: Order No. 25/13/2019-I/PHD/675 dated

30-03-2020.

In partial modification of paragraph 01 of the

Order read above, the Officers of Directorate of

Health Services indicated in the enclosed Annexure

who have completed the requisite years of regular

service of 04 years in Grade Pay of Rs. 7,600 in

PB-3 including the service rendered in the

pre-revised scale of Rs. 12,000-16,500 are granted

3rd financial upgradation under the Dynamic

Assured Career Progression (DACP) Scheme with

effect from the date indicated against his/her name

in column No. 6 in terms of Order Nos. 25/1/2003-I/

/PHD dated 16-07-2009 and 25/1/2003-I/PHD dated

17-07-2009.

The rest of the content of the Order read above

will remain unchanged.

By order and in the name of the Governor of

Goa.

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

Porvorim, 27th April, 2020.

________

Order

No. 25/12/2019-I/PHD/794

Read:

Order No. 25/12/2019-I/PHD/647 dated

30-03-2020.

In partial modification of paragraph 01 of the

Order read above, the Officers of Directorate of

Health Services indicated in the enclosed Annexure

who have completed the requisite years of regular

service of 07 years in Grade Pay of Rs. 8,700 in

PB-4 including the service rendered in the

pre-revised scale of Rs. 14,300-18,300 or 20 years

of regular service are granted 4th financial

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

7TH MAY, 2020

67

upgradation under the Dynamic Assured Career

Progression (DACP) Scheme with effect from the

date indicated against his/her name in column

No. 6 in terms of Order Nos. 25/1/2003-I/PHD

dated 16-07-2009 and 25/1/2003-I/PHD dated

17-07-2009.

The rest of the content of the Order read above

will remain unchanged.

By order and in the name of the Governor of

Goa.

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

Porvorim, 27th April, 2020.

________

Order

No. 25/18/2019-I/PHD/791

Read: Order No. 25/18/2019-I/PHD/648 dated

30-03-2020.

In partial modification of paragraph 01 of the

Order read above, the Officers of Directorate of

Health Services indicated in the enclosed Annexure

who have completed the requisite years of regular

service of 04 years in Grade Pay of Rs. 5,400 in

PB-3 including the service rendered in the

pre-revised scale of Rs. 8,000-13,500 are granted

1st financial upgradation under the Dynamic

Assured Career Progression (DACP) Scheme with

effect from the date indicated against his/her name

in column No. 6 in terms of Order Nos. 25/1/2003-I/

/PHD dated 16-07-2009 and 25/1/2003-I/PHD dated

17-07-2009.

The rest of the content of the Order read above

will remain unchanged.

By order and in the name of the Governor of

Goa.

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

Porvorim, 27th April, 2020.

________

Order

No. 25/15/2019-I/PHD/792

Read: Order No. 25/15/2019-I/PHD/676 dated

30-03-2020.

In partial modification of paragraph 01 of the

Order read above, the Officers of Directorate of

Health Services indicated in the enclosed Annexure

who have completed the requisite years of regular

service of 05 years in Grade Pay of Rs. 6,600 in

PB-3 including the service rendered in the

pre-revised scale of Rs. 10,000-15,200 are granted

2nd financial upgradation under the Dynamic

Assured Career Progression (DACP) Scheme with

effect from the date indicated against his/her name

in column No. 6 in terms of Order Nos. 25/1/2003-I/

/PHD dated 16-07-2009 and 25/1/2003-I/PHD dated

17-07-2009.

The rest of the content of the Order read above

will remain unchanged.

By order and in the name of the Governor of

Goa.

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

Porvorim, 27th April, 2020.

________

Order

No. 25/13/2019-I/PHD/675

On the recommendation of the Screening Committee, the Officers of Directorate of Health Services

indicated in the enclosed Annexure who have completed the requisite years of regular service from the

date of regular appointment to entry grade are granted 3rd financial upgradation under the Dynamic

Assured Career Progression (DACP) Scheme with effect from the date indicated against his/her name in

column No. 6 in terms of Order Nos. 25/1/2003-I/PHD dated 16-07-2009 and 25/1/2003-I/PHD dated

17-07-2009.

The Officers may exercise an option in terms of F.R. 22 (I) (a) (1) if he/she so desires within one month

from the date of issue of his/her Order for fixing pay in the 3rd financial upgradation under Dynamic

Assured Career Progression Scheme.

Each Officer shall give an undertaking that in case any excess payment that may be found to have

been made as a result of incorrect fixation of pay or any excess payment detected in the light of

discrepancies noticed subsequently will be refunded by them to the Government either by adjustment

against future payments due to them or otherwise.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

7TH MAY, 2020

68

The expenditure on his/her pay and allowances shall be debited to the budget head under which their

salary is drawn.

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

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

Porvorim, 30th March, 2020.

______

ANNEXURE-I

3rd Financial Upgradation under Dynamic Assured Career Progression Scheme

Sr.

Name & Designation

Date of

Present

Grade Pay to be

Date of

No.

joining

Grade Pay

made applicable

effect

under DACP

1

2

3

4

5

6

1. Dr. Sujata Kamat,

19-02-2003

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Medical Officer

2. Dr. Kedar Narahari Raikar,

01-12-2003

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Medical Officer

3. Dr. Deepali Dindalkumpi,

01-12-2003

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Medical Officer

4. Dr. Premila Sandra Viegas

24-11-2003

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Do Cosmo Souza,

Medical Officer

5. Dr. Prajakt S. Kamulkar

14-12-2003

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Medical Officer

6. Dr. Atul Dilip Pai Bir,

24-11-2003

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Medical Officer

7. Dr. Rupchandra Navelkar,

28-11-2003

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Medical Officer

8. Dr. Maria Sara Da Costa,

11-06-2004

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Medical Officer

9. Dr. Shikandar Yeshwant

10-06-2004

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Talwar, Medical

Officer

10. Dr. Prashant M.

05-01-2005

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Suryawanshi,

Medical Officer

11. Dr. Amey Suresh Aiya,

07-01-2005

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Medical Officer

12. Dr. Talash S. Velip alias

05-01-2005

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Kundaikar, Medical

Officer

13. Dr. Shilpa Tople,

11-01-2005

G.P. – Rs. 7,600 in PB-3

G.P. – Rs. 8,700 in PB-4

01-04-2018.

Medical Officer

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

7TH MAY, 2020

69

Department of Revenue

__

Notification

No. 24/2/87-RD(Part)/331

Read: 1. Notification No. 24/2/87-RD dated

18-07-1989 published in the Official

Gazette, Series II No. 15 dated 18-07-1989.

2. Notification No. 24/2/87-RD dated

5-12-1997 published in the Official

Gazette, Series II No. 48 dated 26-12-1998.

3. Notification No. 24/2/87-RD dated

29-03-2004.

In exercise of the powers conferred by Section 3

of the Goa Public Premises (Eviction of Unauthorized

Occupants) Act, 1988 (Goa Act 22 of 1988)

(hereinafter called the said Act) and in modification

of the Government Notification No. 24/2/87-RD

dated 18-07-1989, the Government of Goa hereby

appoints the following Officers as Estate Officers

for the purpose of the said Act, within the local

limits of their respective jurisdiction in respect of

all categories of public premises except the public

premises controlled by the respective Municipal

Council, Kadamba Transport Corporation Ltd., Goa

Tourism Development Corporation Ltd. and Goa

Industrial Development Corporation.

i) Dy. Collector & S.D.O., Pernem.

ii) Dy. Collector & S.D.O., Mapusa.

iii) Dy. Collector & S.D.O., Bicholim.

iv) Dy. Collector & S.D.O., Satari.

v) Dy. Collector & S.D.O., Panaji.

vi) Dy. Collector & S.D.O., Ponda.

vii) Dy. Collector & S.D.O., Margao.

viii) Dy. Collector & S.D.O., Mormugao.

ix) Dy. Collector & S.D.O., Quepem.

x) Dy. Collector & S.D.O., Sanguem.

xi) Dy. Collector & S.D.O., Dharbandora.

xii) Dy. Collector & S.D.O., Canacona.

This is issued in supersession of Notification

No. 24/2/87-RD dated 18-07-1989 published

in the Official Gazette, Series II No. 15 dated

18-07-1989.

By order and in the name of the Governor of

Goa.

Roshell Fernandes, Under Secretary (Revenue-II).

Porvorim, 21st April, 2020.

Notification

No. 24/2/87-RD(Part)/332

Read: 1. Notification No. 24/2/87-RD dated

21-11-2003.

2. Notification No. 24/2/87-RD dated

29-03-2004.

3. Notification No. 24/2/87-RD dated

27-02-2009.

In supersession to the Notification referred to

above and in exercise of the powers conferred by

Section 3 of the Goa Public Premises (Eviction of

Unauthorized Occupants) Act, 1988 (Goa Act 22 of

1988) (hereinafter called “the said Act”) and

notwithstanding anything contained in the

Government Notification of even number dated

27-02-2009, the Government of Goa hereby appoints

the following officers mentioned in column (2) of

the Schedule hereto to be Estate Officers for

the purpose of the said Act, in respect of the

public premises within the State of Goa and

controlled by statutory authorities as specified in

the corresponding entry in column (3) of the said

schedule.

The Government further directs that cases, if

any, in respect of the statutory authorities as

specified in this Notification are pending before

the Estate Officers appointed under the

Notification of even number dated 27-02-2009 &

29-03-2004, the same shall be transferred with

immediate effect, to the concerned Estate Officers

appointed under this Notification.

SCHEDULE

Sr.

Designation of the

Name of the statutory

No.

officer

authority

1

2

3

1. Officer on Special

Kadamba Transport

Duty

Corporation Ltd., Panaji.

2. General Manager

Goa Tourism Develop-

(Engineering)

ment Corporation Ltd.,

Panaji.

3. Deputy Chief Execu- Goa Industrial Develop-

tive Officer

ment Corporation, Panaji.

By order and in the name of the Governor of

Goa.

Roshell Fernandes, Under Secretary (Revenue-II).

Porvorim, 21st April, 2020.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

7TH MAY, 2020

70

Department of Transport

Directorate of Transport

Lead Agency

__

Notification

No. D.Tpt/EST/839-V (Part File)/2018/0071

In exercise of the powers conferred by

sub-section (2), read with sub-section (4) of

Section 215 of the Motor Vehicles Act, 1988 (Central

Act No. 59 of 1988) and Section 21 of the General

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

of Goa hereby further amends the Government

Notification No. D.Tpt/EST/839/IV/2011 dated

13-01-2011, published in the Official Gazette,

Series II No. 44 dated 27-01-2011 (hereinafter

referred to as the “principal Notification”), as

follows, namely:-

In the principal Notification, for the entries

against Serial Number 12 to 13, the following entries

shall be substituted, namely:-

“12. Shri Keshav V. Ghodke,

— Member.

GDM(T)/RSO, RO, Mumbai

13. Director of Health Services — Member.

14. Director of Panchayats

— Member.

15. Director of Municipal

— Member.

Administration

16. Director General of Police

— Member.

17. Director of Tourism

— Member.

18. Director of Transport

— Member

Secretary”.

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.

Rajan Saterdekar, Director & ex officio Joint

Secretary (Transport).

Porvorim, 5th May, 2020.

Note: The Principal Notification was subsequently

amended vide the following notifications,

namely:-

(i) Government Notification No. D.Tpt/EST/

/F-2198/R.S.S./2017/Vol. II 5965 dated 20-12-2017

published in Official Gazette, Series II No. 37

dated 20-12-2017.

(ii) Government Notification No. D.Tpt/EST/839-V/

/2011/230 dated 21-05-2018 published in Official

Gazette, Series II No. 8 dated 24-05-2018.

(iii) Government Notification No. D.Tpt/EST/

/839-V (Part File)/2018/1035 dated 07-01-2019

published in Official Gazette, Series II No. 42

dated 17-01-2019.

(iv) Government Notification No. D.Tpt/EST/

/839-V (Part File)/2018/2477 dated 11-06-2019

published in Official Gazette, Series II No. 11

dated 13-06-2019.

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