Panaji, 8th July, 2021 (Asadha 17, 1943)

SERIES II No. 15

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

Notification

No. 3/4/P&E/PMFBY/SGRC/2021-22/D.Agri

Government is pleased to constitute the Taluka

Level Grievance Redressal Committee and District

Level Grievance Redressal Committee for the

purpose of Crop Insurance Scheme “Pradhan Mantri

Fasal Bima Yojana” (PMFBY) in the State to address

grievances of all stakeholders particularly insured

farmers under the scheme which might arise and

resolve at Taluka Level or District Level.

The following Members are nominated for a

Committee of a Taluka Level Grievance Redressal

Committee (TLGRC) under the scheme PMFBY.

a) Taluka Level Grievance Redressal Committee:

1. Zonal Agriculture Officer of

— Chairman.

the taluka

2. Block Development Officer of

— Member.

the taluka

3. Representative, Goa State

— Member.

Co-operative Bank Ltd.

4. Representatives of Insurance

— Member.

Company (selected Implemen-

ting Agencies)

5. Farmer Representatives

— Member.

(1 man and 1 woman farmer)

from the taluka

6. Assistant Agriculture Officer

— Convener.

of the taluka

RNI No. GOAENG/2002/6410

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

295

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

The following Members are nominated for a

Committee of a District Level Grievance Redressal

Committee (TLGRC) under the scheme PMFBY.

b) District Level Grievance Redressal Committee

(DGRC) for North Goa & South Goa District:

1. Collector of the District

— Chairman.

2. Lead District Manager of the

— Member.

District

3. Manager (DDM), NABARD of

— Member.

the District

4. Representatives of Insurance

— Member.

Company (selected Implemen-

ting Agencies)

5. Farmer Representatives

— Member.

(1 man and 1 woman farmer)

from the District

6. District Agriculture Officer

— Convener.

of the District

Taluka Level Grievance Redressal Committee

(TGRC) is constituted at the Block/Tehsil level

under the Chairmanship of Block/Tehsil level officer

to record & respond to the grievances of Farmers,

Banks, and ICs etc. within 7 days of receipt of

grievance. In case of dissatisfaction, the matter

may be brought before District Level Grievance

Redressal Committee (DGRC). The TGRC shall

meet once every month to address the grievances,

if any.

District Level Grievance Redressal Committee

(DGRC) is constituted for Redressal of grievances

of Farmers, Banks, Insurance Company, District

Authority/Department. The DGRC will dispose the

matter within 15 days. The decision of the

Committee shall be accepted by all the parties and

in case of disagreement with the decision, the same

shall be represented to the State Level Grievance

Redressal Committee (SGRC) within 15 days

Note:- There is one Extraordinary issue to the Official

Gazette, Series II No. 14 dated 01-07-2021

namely, Extraordinary dated 07-07-2021 from

pages 287 to 294 regarding Circulars from

Department of Finance.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 15

8TH JULY, 2021

296

from the decision of DGRC. The DGRC shall meet

once every quarter to address the grievances,

if any.

By order and in the name of the Governor of

Goa.

Nevil Alphonso, Director & ex officio Joint

Secretary (Agriculture).

Tonca-Caranzalem, 05th July, 2021.

———uuu———

Department of Civil Supplies & Consumer

Affairs

—

Order

No. DCS/CC/Writ.Pet. 165 of 2021/77/2021-22/37

Ref.:- 1)

No. DCS/ADCS/Appoint/146/2017-18/75

dated 30-06-2017.

No. DCS/CC/Writ.Pet.165 of 2021/77/2021-

22/30 dated 09-06-2021.

Whereas, Government of India enacted Consumer

Protection Act, 2019 vide notification dated

15-07-2020 thereby repealing Consumer Protection

Act, 1986.

And whereas, Government of India appointed

the 20th day of July, 2020 as the date on which

aforesaid Act shall come into force.

And whereas, under the aforesaid Act District

Consumer Disputes Redressal Forum was

re-designated as District Consumer Disputes

Redressal Commission.

And whereas, under Section 31 of the Consumer

Protection Act, 2019 the President of the District

Commission shall continue as the President of

District Commission till the completion of tenure.

And whereas, it is claimed by Judge Shri Pradip

V. Sawaiker of being entitled to the following

allowances in terms of Order No. 12/06/2018-LD/

/Estt/82 dated 10-01-2019 of Department of Law

and Judiciary (Estt.) Division, Government of Goa,

copy of which is annexed as Annexure ‘E’:-

D. A. allowance at the prescribed rates on the

basic pay,

H.R.A. at 20% on the revised basic as per Model

Rules,

Medical allowance of Rs. 1,000/-,

Sumptuary allowance of Rs. 6,000/-,

Newspaper and magazine allowance,

Telephone facility,

Transport,

L.I.C.,

Interim relief at the rate of 30% on the revised

basic.

And whereas, it was also brought to the notice

that the increment was not released.

Whereas, Judge Pradip V. Sawaiker, resident of

H. No. 11/1 Near Prime Enclave, Alto-Chicalim, Goa

filed Writ Petition 165 of 2021 in M/O Order

directing the department to pay to the Petitioner

salary as admissible to the District Judge in super

time scale of pay as revised by Central Government.

And whereas, the aforesaid file was received

back from Finance Department with appropriate

recommendation only on 09-06-2021 vide inward

No. 1506, after intense persuasion and follow up by

this department.

And whereas, Order modifying the condition

No. 2 in the original Order No. DCS/ADCS/Appoint/

/146/2017-18/75 dated 30-06-2017 was issued w.e.f.

20-07-2020 which read as:-

The President of District Commission shall

receive the salary of the District Judge in the super

time scale of pay minus pension if received from

previous service.

And whereas, it may be stated that the Petitioner

would continue to the allowances in terms of Order

No. 12/06/2018-LD/Estt/82 dated 10-01-2019 issued

to Department of Law and Judiciary (Estt) Division,

Government of Goa, as such Finance Department

has not mentioned any denial of the same.

And whereas, the contention with reference to

release of increments, the same shall be granted.

The Directorate of Accounts would issue necessary

communication of Consumer Protection Act, 2019

being repository of domain.

Now therefore, within the framework of the

Consumer Protection Salary, allowances and

conditions of the service of President and Members

of the State Commission and District Commission)

Model Rules, 2020, Order No. 10/01/2019, the

Administrative and Finance Concurrence obtained

in this regard the representation of Judge Pradip V.

Sawaiker dated 30-07-2020 is hereby disposed off.

By order and in the name of the Governor of

Goa.

Siddhivinayak Naik, Director & ex officio Joint

Secretary (Civil Supplies & Consumer Affairs).

Panaji, 25th June, 2021.

________

Corrigendum

Read: Order No. DCS/CC/Estt.SC/72/2020-21/06

dated 09-04-2021/46

The above cited order is partially modified. The

word “number” mentioned in the para 2 may be

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 15

8TH JULY, 2021

297

read as “Member” and the words “State

Commission” and “National Commission”

mentioned in the para 2 of the said order may be

read as “District Commission”.

By order and in the name of the Governor of

Goa.

Siddhivinayak S. Naik, Director & ex officio Joint

Secretary (Civil Supplies & Consumer Affairs).

Panaji, 30th June, 2021.

________

Corrigendum

Read: Order No. DCS/CC/Estt.SC/72/2020-21/05

dated 09-04-2021/47

The above cited order is partially modified. The

words “number” and “National Commission”

mentioned in the para 2 of the said order may be

read as “Member” and “State Commission”

respectively.

By order and in the name of the Governor of

Goa.

Siddhivinayak S. Naik, Director & ex officio Joint

Secretary (Civil Supplies & Consumer Affairs).

Panaji, 30th June, 2021.

———uuu———

Department of Co-operation

Office of the Registrar of Co-operative Societies

Corrigendum

No. 41/4/2008/TS/RCS/Vol-II/743

Read: 1. This office circular 41/4/2008/TS/RCS/5235

dated 10-02-2020.

2. This office Notification 41/4/2008/TS/RCS/

/1522 dated 06-08-2020.

3. Corrigendum 41/4/2008/TS/RCS/2012

dated 18-09-2020.

4. Corrigendum 41/4/2008/TS/RCS/3687

dated 05-02-2021.

1. In the annexure to the notification dated

06-08-2020 read at Serial No. 2 above serial No.

4(a) shall be submitted and read as under “the

last date of application to avail the OTS scheme

be decided by the Board, however the same

shall not be extend beyond 30th September,

2021.

2. The cut off date of the scheme applicable to

the non performing assets (NPA) accounts

mentioned in the annexure at Serial No. 1 on

the eligibility criteria in the notification dated

06-08-2020 read at Serial No. 2 above may be

read as “31-03-2016” instead of 31-03-2015 with

same terms and conditions of the notified

scheme.

3. The cut off date for settlement under ‘Double

the principal’ category in the annexure at Serial

No. 6 (j) on the “compromise formula” in the

notification dated 06-08-2020 read at Serial

No. 2 above may be read as “cut off date i.e.

31-03-2021 instead of 31-03-2020 with same

terms and conditions of the notified scheme.

4. Under ‘Covid Exit’ the expression of the

sentence “society can give special rebate to its

members who have availed loans may be read

as ‘post 2016’ instead of ‘post 2015’ and cut off

date mentioned in the corrigendum dated

18-09-2020 shall be read as ‘up to 31-03-2021’

instead of 31-03-2020" with same terms and

conditions of the notified scheme.

Other contents of the annexure remain

unchanged.

By order and in the name of the Governor of

Goa.

Arvind B. Khutkar, Registrar & ex officio Joint

Secretary (Co-op. Societies).

Panaji, June, 2021.

———uuu———

Department of Environment & Climate Change

Order

No. 7/4/98/STE/DIR/Part III/224

Read: (i) Notification No. 7/4/98/STE-DIR/Part I/922 dated 04-12-2007.

(ii) Addendum No. 7/4/98/STE-DIR/Part I/1545 dated 15-01-2010.

(iii) Addendum No. 7/4/98/STE-DIR/Part I/104 dated 23-04-2015.

(iv) Addendum No. 7/4/98/STE-DIR/Part II/480 dated 12-09-2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 15

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298

Vide above read Notifications, the Government of Goa, in pursuance of Clause (c) of Rule 2 of the Noise

Pollution (Regulation and Control) Rules, 2000 (hereinafter called the “said Rules”), has designated various

Officers as ‘Authority’ for the maintenance of the ambient air quality standards in respect of noise under

the said Rules.

2. The Hon’ble High Court of Bombay at Goa, Panaji vide its directives in MCA No. 588 of 2010 in Suo

Motu Writ Petition No. 4 of 2006 (The Citizens Committee on Noise Pollution v/s State of Goa); has directed

that the list of the Officers designated as ‘Authority’ under the said Rules, should be published for

information of the public alongwith details of their telephone numbers.

3. In pursuance of the directives of the Hon’ble High Court, Department of Environment; hereby publishes

the names and telephone numbers of the Officers designated as ‘Authority’ under the said Rules, for general

information of the public.

Sr.

Name and designation

Office

Fax No.

Mobile No.

No.

of the Officer

Tel. No.

Mr. Ajit Roy, IAS,

2223612

2426492

9822123071

Collector & District Magistrate,

2225383

North Goa, Panaji

2427690

2225083

Ms. Ruchika Katyal, IAS,

2705333

2733026

9422439439

Collector & District Magistrate,

2702699

2794402

South Goa, Margao

2737566

2714907

Ms. Gopal Parsekar,

2223418

2426492

9923267335

Addl. Collector-(I) & Addl. District

2225383

Magistrate, North Goa, Panaji

Mr. Surendra Naik,

2794423

2733026

9822142132

Addl. Collector-(I) & Addl. District

Magistrate, South Goa, Margao

Mr. Gurudas Dessai,

2225511

9422394914

Dy. Collector & Sub-Divisional Magistrate,

Tiswadi, Panaji

Mr. Pradeep Naik,

2312469

9850065288

Dy. Collector & Sub-Divisional Magistrate,

2311498

Ponda

Mr. Rajesh Ajgaonkar,

2262038

9921389999

Dy. Collector & Sub-Divisional Magistrate,

2250398

Bardez, Mapusa

Mr. Deepak Vaingankar,

2362058

9075289929

Dy. Collector & Sub-Divisional Magistrate,

2360254

Bicholim

Mr. Ravishekhar Nipanikar,

2201142

9423062384

Dy. Collector & Sub-Divisional Magistrate,

Pernem

10.

Mr. Rajesh Azgaonkar,

2374800

—

9921389999

Dy. Collector & Sub-Divisional Magistrate,

Satari

11.

Mrs. Jyoti Kumari,

2794145

—

8882804403

Dy. Collector & Sub-Divisional Magistrate,

Salcete, Margao

OFFICIAL GAZETTE — GOVT. OF GOA

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299

12.

Mr. Sachin Desai,

2512688

8668219025

Dy. Collector & Sub-Divisional Magistrate,

2500565

Mormugao, Vasco

13.

Mr. Nilesh Dhaigodkar,

2662228

9607447316

Dy. Collector & Sub-Divisional Magistrate,

2662241

Quepem

14.

Mr. Sagar B. Gawade,

—

9763467272

Dy. Collector & Sub-Divisional Magistrate,

Sanguem

15.

Mr. Uday Prabhu Dessai,

2643696

9764480571

Dy. Collector & Sub-Divisional Magistrate,

Canacona

16.

Mr. Kedar Naik,

2614036

2614037

9823915623

Dy. Collector & Sub-Divisional Magistrate,

Dharbandora

17.

Mr. Shobhit Saxena, IPS,

2416100

2416243

7875756013

Superintendent of Police (North Goa),

Panaji

18.

Mr. Pankaj Kumar Singh, IPS,

2732218

2733864

7875756016

Superintendent of Police (South Goa),

Margao

19.

Mr. Santosh Dessai,

2226519

7875756021

Sub-Divisional Police Officer,

Tiswadi, Panaji

20.

Mr. Nelson Albuquerque,

2317978

7875756035

Sub-Divisional Police Officer,

Ponda

21.

Mr. Harish Madkaikar,

2714449

7875756038

Sub-Divisional Police Officer,

2710656

Salcete, Margao

2714454

22.

Mr. Rajendra V. Raut Dessai,

2500222

7875756048

Sub-Divisional Police Officer,

Mormugao, Vasco

23.

Mr. Gajanan Prabhudessai,

2262207

7875756025

Sub-Divisional Police Officer,

Mapusa-I for Pernem,

Mapusa & Anjuna Police Stations

24.

Mr. Edwin M. S. Colaco,

2412723

7875756029

Sub-Divisional Police Officer,

Porvorim for Calangute & Porvorim

Police Stations

25.

Mr. Kiran J. Poduval,

2663900

7875756043

Sub-Divisional Police Officer,

Quepem

OFFICIAL GAZETTE — GOVT. OF GOA

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300

26.

Mr. Gurudas Gawade,

2363737

7875756025

Sub-Divisional Police Officer,

Bicholim

This order shall supersede the Order No. 7/4/98/STE-DIR/Part III/1160 dated 08-01-2021.

Dasharath Redkar, Director/ex officio Jt. Secy. (Environment & CC).

Panaji, 1st July, 2021.

________

Notification

No. 41/4/2006/STE-DIR/207

Read:

Notification No. 41/4/2006/STE-DIR/1595

dated 19-02-2015.

In exercise of the powers conferred by sub-

-section (1) of Section 29 of the Air (Prevention and

Control of Pollution) Act, 1981 (Central Act 14 of

1981) (hereinafter referred to as the “said Act”) and

in supersession of the Government Notification No.

15-2-89-STE dated 4-7-1991, published in the Official

Gazette, Series II No. 16 dated 18-7-1991, the

Government of Goa hereby appoints Mrs. Joshna

Mahale, Scientific Assistant, to be a Government

Analyst for the purpose of analysis of samples of air

or emission sent for analysis to any laboratory

established or specified under sub-section (1) of

Section 28 of the said Act.

This Notification shall come into force with

immediate effect.

This is issued with the approval of the

Government vide U.O. 547 dated 23-06-2021.

By order and in the name of the Governor of

Goa.

Dasharath M. Redkar, Director & ex officio Joint

Secretary (Environment & Climate Change).

Panaji, 29th June, 2021.

________

Notification

No. 41/4/2006/STE-DIR/208

Read:

Notification No. 41/4/2006/STE-DIR/1594

dated 19-02-2015.

In exercise of the powers conferred by sub-

-section (2) of Section 53 of the Water (Prevention

and Control of Pollution) Act, 1974 (Central Act 6 of

1974) (hereinafter referred to as the “said Act”) and

in supersession of the Government Notification No.

15/2/89-STE dated 11-8-1989, published in the

Official Gazette, Series II No. 21 dated 24-8-1989, the

Government of Goa hereby appoints Shri Nilesh

Parsekar, Scientist ‘B’ to be a Government Analyst

for the purpose of analysis of samples of water or of

sewage or trade effluent sent for analysis to any

laboratory established as specified under sub-

section (1) of Section 52 of the said Act.

This Notification shall come into force with

immediate effect.

This is issued with the approval of the

Government vide U.O. 547 dated 23-06-2021.

By order and in the name of the Governor of

Goa.

Dasharath M. Redkar, Director & ex officio Joint

Secretary (Environment & Climate Change).

Panaji, 29th June, 2021.

________

Notification

No. 2-17-2021/ENVT & CC/DIR/209

Goa State Pollution Control Board has taken

decision to required empanel Manufacturing/

/Vendors for installation, operation and

maintenance of STP and ETP Plants in its 147th

meeting of the Board held on 27-05-2021. Also the

Hon‘ble Minister for Environment and Climate

Change had given assurance in the Assembly that

the Board will empanel agencies for installation/

/Maintenance of STP/ETP with the following

empanels Manufacturing/Vendors:

Sr.

Empanelment of manufacturers/Vendors

No.

1. Bactreat Environmental Solutions LLP

Authorised person: Dr. Srikant Mutnuri

Email: [email protected], Phone: 9421243443

Address: Qtr C 175, C/o Birla Institute of Technology

& Science, Pilani-KK. Birla Goa, Campus NH 17B,

Bypass Road, Zuari Nagar 403726, Goa, lndia.

2. Bhumi Environment & Pollution Consultants OPC

Pvt. Ltd., Authorised person: Mr. Anurag

Korgaonkar. Email: [email protected]

Phone: 9860278538.

Address: 5/14/26 303, Liberty Apt.,

Feira Alta, Mapusa-Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

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3. Biouma

Authorised person: Sarvada Ajit Joshi

Email: [email protected]

Phone: 0832-6410513

Address: S2 Second Floor, Vasudev Arcade,

Bicholim, Goa. Pin-403504.

4. Biowater Treatment Systems LLP

Authorised person: 1. Mr. Derrick Antonio

Fernandes. 2. Mr. Shahaveer Jamshedji.

Email: [email protected], Phone: 9377666568

Address: 1) H. No. 1247, Dapot, Maxem, Loliem,

South Goa 403728.

3) D-401, The Oakwood, TP-l, Road C, Vasant

Vihar, off Vasna-Bhayali Road, Vadodara, 391410,

Gujarat, India.

5. Enviro-Axis

Authorised person: Mr. Dinesh Subhash

Manerkar, Email: [email protected]

Phone: 9146028568/9637724909.

Address: H. No. 405/31, Behind Mandovi Clinic,

Porvorim Bardez, North Goa 403501.

6. EP Kamat Group

Authorised person: 1) Mr. Mahesh Bakal

2) Shri Rajkumar G. Kamat

Email: [email protected]

Phone: 8322431081/9822487749

Address: AG-14,Campal Trade Centre, opp.

Vivanta by Taj, Panaji, Goa 403001.

7. Environmental Solutions and Research

Organization.

Authorised person: Mr. Omkar P. Jog

Email: [email protected]/[email protected]

Phone: 7774907400/9921409469

Address: 638, Gera Imperium Star, Patto Plaza,

Panaji, Goa-403001.

8. H2O Technologies

Authorised person: Mr. Reuben Arul Manoharan

Email:[email protected]

Phone: 9371035967, Address: Golden Nest

building, Plot No. 6, House No. 900(8), Paradise

Co-op. Housing Society Ltd., Flat N. S1, 2nd Floor,

Pundalik Nagar, Alto-Porvorim, Bardez-Goa 403521.

9. In ovar Engineering and Consultants LLP

Authorised person: Mr. Gautam Naik

Email: [email protected]

Phone: +91-7028039207/7028039209.

Address: AF-l, Mhalasa Narayani Complex,

Farmagudi, Ponda-Goa, 403401.

10. Lila Digital And Environmental Solutions Pvt. Ltd.

Authorised person: Mr. Gavin D’Souza

Email:[email protected]

Phone: 9890515155, Address: E/2 1” Floor,

Ramakant Apartments, MG Road, Near Don Bosco

HSS, Panaji-Goa-403001.

11. SFC Environmental Technologies Pvt. Ltd.

Authorised person: Mr. Sanket P. Dhandoriya

Email: [email protected] Phone: 9619898804

Address: House No. 8-22, Althino, Near PWD

water tank, opp. Chief Justice Bunglow, Panaji,

North Goa-403001.

12. SC Corp Engineering Solutions

Authorised person: Mr. Sagar Apte

Email: [email protected]

Phone 7038703986, Address 1) H. No. 206, Karapur

Tisk, Sankhali, Goa 403505

2) Shop No. 4, Salgaonkar Residency, opp.

Bagayatdar Bazar, Near Azad Bhavan,

Porvorim, Goa 403521.

13.Shrushti Envirocare India Pvt. Ltd.

Authorised person: Manga I. P. Patil

Email. [email protected]

Phone: 8378991651/9172072042

Address: 10/154, shop No. F-13,1” Floor,

Vaikunth Chambers, Near Datta Mandir,

Quepem-Goa 403705.

14. Shrushti Envirocare

Authorised person: Pandurang J. Patil

Email: [email protected]

Phone: 9850456151, Address S-9, Second Floor,

Rajaram Chambers, behind Petrol Pump, Quepem-

Goa 403705.

15. Sustainable Designed solutions

Authorised person: Capt. Joseph Lobo

Email: [email protected] Phone: 9923409414

Address: 33/7 Eden, Colvale, Goa 403513.

The

above

Manufacturing/Vendors

for

installation, operation and maintenance of STP and

ETP Plants for a period of one year and to operate

and maintaining the same for the period of five

years after installation.

The GSPCB will be examine the maintenance

operation and installation of STP/ETP, in case of

non-compliance GSPCB will initiate action against

the vendors.

This is issued with the approval of the

Government vide U.O. 549 dated 23-06-202l.

By order and in the name of the Governor of

Goa.

Dasharath M. Redkar, Director & ex officio Joint

Secretary (Environment & Climate Change).

Panaji, 29th June, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

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302

Notification

No. 2-29-2018/ENVT/216

Read: Notification: 1. No. 2-29-2018/ENVT/239

dated 22-06-2020.

2. No. 2-29-2018/ENVT/239

dated 31-12-2020.

Whereas, “Section 19 sub-section (3) of the Air

(Prevention and Control of Pollution) Act, 1981

states that if the State Government, after

consultation with the State Board, is of the opinion

that the use of any fuel, other than an approved

fuel in any air pollution control area or part thereof,

may cause or is likely to cause air pollution, it may,

by notification in the Official Gazette, prohibit the

use of such fuel in such area or part thereof with

effect from such date (being not less than three

months from the date of publication of the

Notification) as may be specified in the

notification.”

Whereas, the Goa State Pollution Control Board

(GSPCB) vide its letter No. 1/20/Vol. XXIII/Admn/

/3583 dated 11-06-2020 recommended to prohibit

the use of certain fuels in the State of Goa:

Now, therefore, in exercise of the powers

conferred by sub-section (3) of Section 19 of the Air

(Prevention and Control of Pollution) Act, 1981, the

State Government in consultation with the Goa

State Pollution Control Board (GSPCB) issues

directions to

“Prohibit” the use of following fuels, in the State

of Goa:

(1) Petcoke;

(2) Furnace oil.

All units utilising Pet Coke as fuel & furnace oil

as fuel shall discontinue the use of the above fuels

for after a period of 06 (six) months from the date

of notification i.e. upto 31-12-2021.

This is issued with the approval of the

Government vide U.O. 558 dated 30-06-2021.

By order and in the name of the Governor of

Goa.

Dasharath M. Redkar, Director & ex officio Joint

Secretary (Environment & Climate Change).

Porvorim, 30th June, 2021.

Department of Industries

—

Order

No. 17/1/2020-IND/212

The Government of Goa is pleased to constitute

a Selection Committee for monitoring the

e-auctioning proceeding of 5.00 lakh sq. mts. land

repossessed from Special Economics Zone (SEZ)

parties a Verna Industrial Estate comprising of

following members:

1. Secretary (Industries)

— Chairperson.

2. Additional Secretary

— Member.

(Finance)

3. Under Secretary (Industries) — Member.

4. Director for Industries,

— Member.

Trade & Commerce

5. Director (PPP)

— Member.

6. Managing Director, GIDC

— Member

Secretary.

The terms of reference of the above Committee

shall be as under:-

The committee may devise a standard

procedure for carrying out the e-auction

process.

ii.

The Chairperson may co-opt any person as an

advisor/expert(s)/official(s) if necessary inputs

and assistance.

iii.

The Chairperson shall hold its meetings on

such dates and at such time and place as

determined by him.

By order and in the name of the Governor of

Goa.

Amalia O. F. Pinto, Under Secretary (Industries).

Porvorim, 2nd July, 2021.

———uuu———

Department of Labour

—

Notification

No. 28/2/2021-LAB/281

The following award passed by the Industrial

Tribunal and Labaour Court, at Panaji-Goa on

25-05-2021 in Ref. No. IT/32/09 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.

Amalia O. F. Pinto, Under Secretary (Labour).

Porvorim, 18th June, 2021.

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SERIES II No. 15

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303

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/32/09

Workmen,

Rep. by Goa Trade & Commercial

Workers Union,

Velhos’ Building, 2nd Floor,

Panaji-Goa.

… Workmen/Party I.

V/s

M/s. G. K. B. Vision Ltd.,

27 & 28, Pilerne Industrial Estate,

Pilerne-Goa.

… Employer/Party II.

Workmen/Party I represented by Adv. Suhaas Naik.

Employer/Party II represented by Adv. A. V. Nigalye.

AWARD

(Delivered on this the 25th day of the

month of May of the year 2021)

By order dated 04-09-2009, bearing No. 28/11/

/2008-LAB-I, the Government of Goa in exercise of

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

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

has referred the following dispute to this Tribunal

for adjudication.

(1) Whether the following demands raised by the

Goa Trade & Commercial Workers Union

(AITUC), Panaji-Goa vide letter dated

24-12-2007, before the management of

M/s. GKB Ophthalmics Limited, Tivim

Industrial Estate, Mapusa-Goa, are legal and

justified?

Demand No. 1: Flat-rise in basic and pay-scales:

It is demanded that, each worker shall be paid

a sum of Rs. 1,000/- as Flat Rise in the basic salary

existing as on 31-10-2007. The total basic salary as

on 31-10-2007 plus the Flat Rise of Rs. 1,000/- per

month be placed in the pay-scales given below

and fitted at the appropriate stage which shall be

the Basic Pay of each worker with effect from

01-11-2007:

Grade

Designation

Pay-Scale

Jr. Operator

1225-100-1725-115-2300-

-130-2950-150-3700.

Operator

1400-115-1975=130-2625-

-145-3350-170-4200.

Sr. Operator

1575-130-2225-145-2950-

-160-3750-190-4700.

Sr. Operator

1750-145-2475-160-3275-

-175-4150-210-5200.

Demand No. 2: Special Increments:

It is demanded that all the workers shall be

made eligible to the following special increments

on the basis of their seniority with effect from

01-11-2007:

Those who have completed eighteen (18) years

as on 01-11-2007 shall be paid six (6) special

increments in the respective pay-scale; those who

have completed fifteen (15) years as on 01-11-2007

shall be paid five (5) special increments in the

respective pay-scale; those who have completed

twelve (12) years as on 01-11-2007 shall be paid

four (4) special increments; those who have

completed nine (9) years as on 01-11-2007 shall be

paid three (3) special increments; those who have

completed six (6) years as on 01-11-2007 shall be

paid two (2) special increments; those who have

completed three (3) years as on 01-11-2007 shall be

paid one (1) special increments.

Demand No. 3: Fixed Dearness Allowance (FDA):

It is demanded that, with effect from 01-11-2007,

each worker shall be paid Rs. 1,200/- per month

Fixed Dearness Allowance (FDA).

Demand No. 4: House Rent Allowance (HRA):

It is demanded that with effect from 01-11-2007,

each workperson shall be paid Rs. 900/- per month

towards House Rent Allowance (HRA).

Demand No. 5: Variable Dearness Allowance

(VDA):

It is demanded that, with effect from 01-11-2007,

each worker shall be paid a Variable Dearness

Allowance (VDA) at the rate of Rs. 2/50 per point

over and above base 2500 points AAICPI

(1960=100). The Variable Dearness Allowance

(VDA) shall be revised every quarter (once in three

months).

Demand No. 6: Conveyance Allowance:

It is demanded that, each worker shall be paid

an additional amount of Rs. 850/- per month over

and above existing Conveyance Allowance as on

31-10-2007.

Demand No. 7: Education Allowance:

It is demanded that, with effect from 01-11-2007,

each worker shall be paid an additional amount of

Rs. 650/- per month over and above the existing

Educational Allowance.

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Demand No. 8: City Compensation Allowance:

It is demanded that, with effect from 01-11-2007,

each workperson shall be paid a sum of Rs. 400/-

per month towards City Compensation Allowance.

Demand No. 9: Shift Allowance:

It is demanded that, w.e.f. 01-11-2007, each

workperson shall be paid a Shift Allowance on the

following basis:-

1st Shift Allowance

— Rs. 15/- per shift

2nd Shift Allowance

— Rs. 25/- per shift and

3rd Shift Allowance

— Rs. 35/- per shift

Demand No. 10: Out Door Food Allowance:

It is demanded that, whenever a workman is

sent on out duty, he/she shall be paid an Out-Door

Food Allowance towards breakfast, lunch, dinner,

tea and snacks on the following pattern:-

Breakfast

….. Rs. 35/- per day

Lunch

….. Rs. 65/- per day

Dinner

….. Rs. 65/- per day

Tea and Snacks

….. Rs. 25/- per day

Demand No. 11: Leave Travel Allowance:

It is demanded that with effect from 01-11-2007,

each workperson shall be paid Leave Travel

Allowance (LTA) on the following basis:-

Grade-B

…….

Rs. 4400/-

Grade-C

…….

Rs. 5500/-

Grade-D

…….

Rs. 6500/-

Grade-E

…….

Rs. 7500/-

Demand No. 12: Overtime:

It is demanded that, each workperson shall be

paid Overtime at double the rate of wages with

retrospective effect. Whenever a worker is required

to work on Sundays/Holidays and Weekly Offdays,

he shall be paid double the rate of wages with a

paid compensatory-off which shall be allowed to

be availed by the worker within 3 days of such

work. It is demanded that, when a workman of a

first shift is asked to wait for the overtime for the

2nd shift, he shall be provided.

Demand No. 13: Leave Facilities:

It is demanded that, the workperson be eligible

to the following Leave Facilities with effect from

01-11-2007. (a) Privilege leave: 23 days per annum

with a facility to accumulate upto 100 days and

encash leave above 50 days. (b) Casual Leave: 9

days per annum with a facility to accumulate upto

30 days OR with a facility to encash the balance

leave. (c) Sick Leave: 10 days per annum with a

facility to accumulate upto 30 days. (d) Holidays 14

days per annum to be finalized in the month of

January every year between the Union and the

Management.

Demand No. 14: Canteen:

It is demanded that the company should have

full-fledged subsidized canteen for all the

workpersons with following facilities as the

company employs more than 300 workpersons at

the factory (a) Snacks should be provided with

morning and evening tea, (b) Fish curry-rice should

be provided at fully subsidized rate. (c) Twice in a

week Canteen should provide Chicken/Rice at fully

subsidized rate, (d) Television should be provided

in the cafeteria. (e) Tables and chairs should be

provided to accommodate 100 employees. (f) The

Canteen Menu should be discussed with the Union/

workmen.

Demand No. 15: Rest Room & Lockers:

It is demanded that, the well-furnished fully

equipped Rest- Room & Lockers shall be provided

at the factory with immediate effect since the

workers are working in 3-shift operation and

workmen employed in factory are more than 100.

Demand No. 16: Bonus:

It is demanded that, 20% Bonus shall be paid to

every employee on gross wages (Basic + DA VDA

HRA+ TAOT EDU ALLOW Misc. ALLOW + SHIFT

ALLOW, etc., without any ceiling. Annual bonus is

to be disbursed eight days before the Ganesh

Chaturthi.

Demand No. 17: Maternity Leave:

It is demanded that, in addition to the

entitlement of Maternity Leave and the Maternity

benefits stipulated under the Employees State

Insurance Act, 1948 (34 of 1948), the Company shall

allow 2 months of additional paid leave to all

eligible workmen.

Demand No. 18: Uniforms/Washing Allowance/

Slippers:

It is demanded that, each workpersons shall be

provided

with

the

following

facilities:

(a) UNIFORMS: That w.e.f. 01-11-2007, each

workperson shall be sued 2 sets of Uniforms every

year in the month of January. (b) WASHING

ALLOWANCE: That w.e.f. 01-11-2007, each

workperson shall be paid a sum of Rs. 250/- per

month towards Washing Allowance. (c) SLIPPERS:

That each workperson be issued two pairs of

slippers, shoes/foot wear to be used in the plant/

/at their workplace in the month of January every

year. (d) TOWELS: That each workperson be issued

two towels for each year and two soaps of 100 gms.

(Lifebuoy) each, in a month.

Demand No. 19: Insurance:

It is demanded that, each worker shall be

covered for all the 24-hours for accidents OR death

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305

for a sum of Rs. 2.00 lakhs under the Group Personal

Accident/Insurance Scheme.

Demand No. 20: Medical Check-up:

It is demanded that, all the employees shall be

provided Free Medical Check-up once in a year.

Demand No. 21: Death Relief Scheme:

(1) It is demanded that, if an employee dies

during the normal course of employment, such

employee shall be paid a sum of Rs. 1,50,000/- from

the management to his family (legal heirs). This

payment shall not have any bearing on the

workmen’s right to claim under the Workmen’s

Compensation Act, 1923 (8 of 1923). (2) It is

demanded that the company shall pay a sum of

Rs. 12,000/- towards funeral expenses.

Demand No. 22: Festival Advance:

It is demanded that, each workperson be paid

Rs. 4,000/- as Festival Advance at least 10 days

prior to the festival every year to be deducted in

8 equal instalments (a) Ganesh Chaturthi festival

(b) Christmas festival.

Demand No. 23: X’mas Gift/Diwali Gift:

It is demanded that, each workperson be

presented with an X’mas or Diwali Gift every year

costing not less than Rs. 1500/-.

Demand No. 24: Sanction of Leave:

It is demanded that, whenever a workperson

applies for leave, the intimation regarding

sanctioning of leave shall be made known to the

concerned workmen within 6 hours of such

application being made by an employee seeking

leave.

Demand No. 25: Annual Picnic:

It is demanded that, the Company should finalize

one day for Annual Picnic and relieve all the

workmen for picnic and further shall provide free

food, free transport and beverages, for attending

the picnic in any part of Goa.

Demand No. 26: Union Office:

It is demanded that, a separate union office shall

be provided to all the Union office bearers with

tables, chairs and fan facilities.

Demand No. 27: Home drop for working in 2

and 3 shift:

It is demanded that, all employees should be

provided with home drops after 7.00 p.m. and those

working in 2 shift and 3" shift operations.

Demand No. 28: Ambulance in case of accident at

Workplace:

It is demanded that, the Company shall provide

an ambulance at the factory, which should remain

stationed 24-hours at the factory.

Demand No. 29: Preference in Employment:

It is demanded that, preference in employment

shall be given to sons of soil.

Demand No. 30: No Change in Jobs:

It is demanded that, frequent shifting of a worker

from one job to another, one machine to another,

one department to another and from one place to

another must stop immediately as it affects the

productivity, concentration level of workmen.

Demand No. 31: Marriage special privilege:

It is demanded that, every employee who gets

married shall be granted 7 days special paid leave.

Demand No. 32: Period of settlement:

It is demanded that, the present Charter of

Demands are specifically for the period of 3 years

effective from 01-11-2007 to 30-10-2010.

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

to?

2. Upon receipt of the reference, it was registered

as IT/32/09 and registered AD notices were issued

to both the parties. Pursuant to service of notices,

Party I filed the claim statement at Exh. 4 and

Party II filed the written statement at Exh. 5.

Party I then filed the rejoinder at Exh. 6.

3. In the claim statement, the Party I have

reiterated the demands No. 1 to 32 as stated above.

According to Party I, the Goa Trade and

Commercial Workers’ Union represents all the

unionized workmen employed at Party II factory

and since their unionization, the Union has been

espousing the cause for the workmen before the

Management and every other competent Authority

and forum. The Party II is a factory which has its

place of establishment at Tivim Industrial Estate.

The Company is a leader in the manufacturing and

supply of ophthalmic products. All the unionized

members are employed with Party II since the

inception of the factory. The wages and the

allowances were fixed at the time of inception of

the factory. The Party No II factory is engaged in

the business of manufacturing and supply of

Ophthalmics products/lenses which are widely

used in Indian and foreign market and the product

manufactured by the company has exclusive

monopolistic demand in market that is spread all

over the country as well as foreign markets.

4. The Party II Company is a leader in the

manufacturing and supply of Ophthalmics products

and has emerged as a market leader in

manufacturing and supply of this business. It has

shored up a formidable pool of skilled and

competent workforce at every level in its

organization which in turn has given it an added

OFFICIAL GAZETTE — GOVT. OF GOA

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advantage and edge over its competitors. All the

unionised member workmen are employed with

Party No. II since the inception of this factory. The

wages and allowances were fixed at the time of

inception of this factory and at the time of

appointment of this workmen, when the workmen

had initially joined this company and since

thereafter there has been no meaningful wage rise

given to these workmen. The present salaries and

wages paid to these unionized workmen were very

low, pathetic and meagre and the same does not

even make both ends meet and does not take care

of their bare minimum basic needs. Hence, a

Charter of demands dated 24-12-2007 was raised

before the Party II Company specifically for the

period of 3 years effective 01-11-2007. The said

Charter of demands dated 24-12-2007 was not

settled by the Party No. II Company across the

table, inspite of series of requests, letters and

reminders. After the submission of Charter of

demands dated 24-12-2007, the Management failed

to discuss and finalize these pending Charter of

demands, with the workman and the Union and

that due to the obstinate and adamant attitude of

the employer, the Union was left with no other

alternative other than to raise an Industrial dispute

before the Office of the Asst. Labour Commissioner,

Government of Goa.

5. The Industrial dispute raised by the Union

ended in failure due to the adamant and rigid

attitude of the Party No. II Company and the matter

has been referred to this Hon’ble Industrial Tribunal

for its correct adjudication. The company employs

more than 400 workmen at its factory and around

200 workmen are on the permanent rolls of the

Party No. II working for the last more than 10 to 15

years of continuous years. Since the inception of

this factory and after the appointment of these

workmen, there has been no revision, enhancement

or alteration of wages, salaries and other service

conditions of these workmen. There is tremendous

escalation in the prices of the essential

commodities, food items, educational cost,

transport, water, electricity, health care etc. and

with meagre salaries paid by the Party II Company,

it has become absolutely difficult for the workmen

to maintain themselves and their families. The

salaries paid to these workmen along with service

conditions are very low and the same does not

take into consideration the rising cost of living

index and other factors. The workmen working in

the factory of Party No. II are made to work on a

very low and pathetic salaries, which does not

even take care of their bare minimum needs. The

company is in a strong financial position to meet

these demands. The Company has made huge

profits every year and has outstanding work orders

from both domestic and foreign end users and

dedicated clients. The Profit & Loss Accounts,

Registers and Books of Accounts and the Balance

Sheets maintained by the Party No. II Company for

every financial year shows tremendous growth in

the share capital, reserves and surplus and fixed

assets including the investments made by the

company in other sister group of companies. The

Party II Company is also paying high rate of

dividends.

6. The Party No. 1 is a beneficiary of a highly

productive workforce who immensely contribute

in terms physical and mental efforts to the

manufacturing processes as well as output in terms

and production quantities and their quality for the

Party No. II Company. Considering the efforts put in

by the workmen employed in this factory, the

salaries and benefits enjoined upon them are a

total mismatch and highly disproportionate. The

demands raised by the Party No. 1 Union are just,

fair and proper and the same need to the conceded

in favour of the Union workmen. The company has

also earned sizable reserves and surplus. The

workers employed in other factories and companies

in Goa are paid higher salaries and allowances as

compared to the Party II Company. The wage-

-structure and service-conditions granted in this

company have remained unchanged for

considerably long period of time and hence it is

not sufficient to take care of their basic day-to-day

needs of the workmen and the families. The

Party I workmen are entitled for the reliefs claimed.

7. The Party II Company filed a written statement

inter-alia claiming that the reference is not

maintainable and that the Party I union has no

locus standi to raise the dispute on behalf of the

workman and that the reference has been made

without application of mind. The Party II Company

has claimed that the orders for the products for the

company have been decreased for the last few years

and it has discontinued the second shift operations

and that it has started manufacturing plastic lenses

and the same requires heavy investment. There is

a global recession and depression in the economy

and that the orders for the company’s product have

been reduced and that inspite of the reduced work

orders, the company has periodically raised wages

of the workers and they are higher than the

minimum wages and that the demands raised by

the Party 1 Union are exaggerated and inflated

and it is not possible for the Party II Company to

concede to these demands.

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8. The present reference filed by Party I, does

not survive in view of the Settlements dated

30-01-2008 and 22-06-2009 signed between the

management of the Party II and their workmen

represented by GKB Vision Employees Union and

Goa Vision Employees Union respectively which

has been accepted by all workmen of the Party II.

The wages paid to the workers of the Party II are

much higher than the minimum rates of wages

prescribed for industrial establishment in other

employments. They are favourably comparable to

and are even higher than the wages paid and the

benefits given to the workers in other industries in

the region. The Party II has been paying bonus to

its employees which is much higher than the

prescribed rate and allocable surplus. The

settlement dated 30-01-2008 is signed by 66

workmen and the settlement dated 22-06-2009 is

signed by 137 workmen. The Party II has around

226 workmen on its rolls in the factory. Hence, out

of 230 workmen on the rolls of the Party II, 203

workers have signed the settlement. All benefits

under the said settlements have been made

available to all workers and they have accepted

these benefits. It is stated that 66 workmen are

members of GKB Vision Union and 137 are members

of Goa Vision Employees Union. The remaining

workers are not members of any union. The Goa

Trade & Commercial Workers Union, at whose

instance the present Reference is made, does not

have any members in the establishment of the

Party II. The said Union is, therefore, incompetent

to espouse the dispute. In any event, the dispute

does not survive in view of the aforesaid

settlements.

9. The Party 1 Union has filed its rejoinder

denying the above defense of the Party II Company.

The said rejoinder is at Exhibit 6.

10. Issues were framed at Exh. 7.

1. Whether Party I proves that the demands

raised by the Union vide letter dated

24-12-2007 are legal and justified?

2. Whether Party I proves that the Workmen

are entitled for any other relief?

3. Whether Party II proves that Union has no

locus standi to espouse the dispute?

4. Whether Party II proves that in view of

settlement between them and the workmen

dated 30-07-2008, Charter of demand dated

24-12-2007 does not survive?

5. What Order?

11. In the course of proceedings, Party II filed an

application for recasting of issue No. 3 at Exh. 40.

Issue No. 3 is reframed as per order dated

15-03-2018.

Recast Issue No. 3:

3. Whether the Party I proves that it has locus

standi to raise the dispute or represent

workmen of Party II?

12. In the course of proceedings, Party I

represented by Goa Trade & Commercial Workers

Union examined its witness, Shri Rajendra

Mangueshkar and produced on record a copy of

Memorandum of Settlement between Management

of Merck Ltd. and their workmen dated 03-11-2009

at Exh. 14, a copy of Memorandum of Settlement

between Management of Vic Industries and their

workmen dated 25-03-2010 at Exh. 15, a copy of

Memorandum of Settlement between Berger Paints

and their workmen dated 22-07-2010 at Exh. 16, a

copy of Memorandum of Settlement between

Management of Cantur Pharmaceutical Pvt. Ltd.

and their workmen dated 19-01-2010 at Exh. 17, a

copy of Memorandum of Settlement between

Management of Berger Beckar Coating Pvt. Ltd.

and their workmen dated 24-12-2008 at Exh. 18, a

copy of Memorandum of Settlement between

Aventis Pharma Ltd. and their workmen dated

24-12-2008 at Exh.19, a copy of Memorandum of

Settlement between Management of Indoco

Remedies Ltd. and their workmen dated 02-09-2009

at Exh. 20, a copy of Memorandum of Settlement

between M/s Kadamba Transport Corporation Ltd.

and their workmen dated 30-04-2010 at Exh. 21, a

copy of detail Salary Statement of all the workmen

employed by Party II for Nov., 2007, 2008, 2009 and

Oct. 2010 at Exh. 22 Colly and a copy of

Memorandum of Settlement between Management

of Duraline Pvt. Ltd. and their workmen dated

25-08-2010 at Exh. 14, a copy of Constitution and

Rules of the Union at Exh. 42 and an additional

Affidavit-in-Evidence at Exh. 43. The Party I also

examined its 2nd witness, Shri Devidas Chavan

and during examination-in-chief produced a copy

of the Identity Card issued by the Party II at

Exh. 46, copies of salary certificates for the year

2007 to 2012 at Exh. 47 Colly and a copy of the

unionization dated 05-11-2007 along with

registered A/D slips and resolution copy at Exh. 48

Colly. The Party II examined its first witness Shri

Prakash Joshi and produced on record a copy of

letter dated 31-08-2012 addressed to the Labour

Commissioner along with Settlement dated

31-08-2012 at Exh. 51 Colly, a copy of the notice

dated 01-09-2012 at Exh. 52, a copy of letter dated

30-07-2008 addressed to the Labour Commissioner

along with the settlement dated 30-07-2008 at

Exh. 53 Colly, a copy of the notice dated 06-08-2008

at Exh. 54, copy of 10 Audit Reports of the Party II

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for the financial year 2006-2007, 2007-2008, 2008-

-2009, 2009-2010, 2010-2011, 2011-2012, 2012-2013,

2013-2014, 2014-2015 and 2015-2016 at Exh. 55 Colly

and copy of extract of salary register relating to

the employees for the month of June, 2008 and

Aug. 2008 at Exh. 56 Colly. Party II also examined

Shri Gurudas Sawant as its second witness and

during examination-in-chief brought on record

copies of the five Annual Reports of the Party II for

the years 2014-15, 2015-2016, 2016-17, 2017-18 and

2018-19 at Exh. 60 Colly. The Party II also examined

Cedric Lobo.

13. Arguments heard. Notes of written

arguments have been placed on record by the

respective parties.

14. My answers to the above issues are as follows:

1. Issue No. 1

.. Partly in the affirmative.

2. Issue No. 2

.. Partly in the affirmative.

3. Recast Issue No. 3 .. In the Affirmative.

4. Issue No. 4

.. In the Negative.

5. Issue No. 5

.. As per final order.

REASONS

Issues No. 1 and 2:

15. It is to be noted that the Party I workmen

have raised 32 demands as referred in the Order of

reference for adjudication, however, the Learned

Adv. Shri Suhaas Naik vide application dated

17-3-2021 at Exh. 64 has claimed that Party I

workmen are pursuing only 13 demands namely,

demands No. (1) Flat rise and basic salary, (2)

Special increments (3) Fixed dearness allowance

(4) House Rent allowance (5) Variable dearness

allowance (6) Conveyance allowance, (7) Education

allowance (9) Shift allowance (11) Leave travel

allowance, (12) Overtime, (13) Leave Facilities, (16)

Bonus and (32) Period of settlement and therefore,

the adjudication of only the above demands would

be undertaken. The other demands therefore would

be treated as redundant. The present reference is

in respect of the legality and justifiability of Charter

of demands submitted by the Goa Trade and

Commercial workers Union on behalf of the

workmen of the Employer/Party II. Needless to

mention, the Party I have to justify the above 13

demands in order to meet their case.

(a) The demands Nos. 1 and 3 namely, Flat rise

and basic salary and Fixed Dearness

allowance and demand No. 5, Variable

Dearness allowance are taken up for

discussions as they are inter-related.

16. Learned Adv. Shri Suhaas Naik for Party I

has submitted there is tremendous escalation in

the prices of the essential commodities, food items,

educational cost, transport, water, electricity,

health care etc. and with meagre salaries paid by

the Party II company, it has become absolutely

difficult for the workmen to maintain themselves

and their families. The salaries paid to these

workmen along with service conditions are very

low and the same does not take into consideration

the rising cost of living index and other factors.

The company is in a strong financial position to

meet these demands. The Company has made huge

profits every year and has outstanding work orders

from both domestic and foreign end users and

dedicated clients. The Party II Company is also

paying high rate of dividends. The demands raised

by the Party No. 1 Union are just, fair and proper

and the same need to the conceded in favour of

the Union workmen. The workers employed in other

factories and companies in Goa are paid higher

salaries and allowances as compared to the

Party II Company. The wage-structure and

service-conditions granted in this company have

remained unchanged for considerably long period

of time and hence it is not sufficient to take care

of their basic day-to-day needs of the workmen

and the families. He further submitted that the

Hon’ble Supreme Court in the case of Unichoyi

v/s State of Kerala, AIR 1962 SC 12, has observed

that the States shall endeavour to secure to all

workers, agricultural, industrial or otherwise a

living wage and conditions of work ensuring a

decent standard of life and full enjoyment of leisure

and social and cultural opportunities.

17. On the converse, Shri A. V. Nigalye has

submitted that the Party II faced several problems

due to gulf wars, conflicts between Iran and

Afghanistan, inflation and depreciation of Indian

currency and recession in the market. The company

had to penetrate in the market of the developed

countries where there were many settled

competitors. The Party II manufactured glass lenses

which are now out of fashion. The company has,

therefore, now entered into manufacture of plastic

lenses where the financial investment is very high

and that due to adverse conditions, it had to stop

one of its shifts to curtail production and that since

last few years, there has been depression in the

economy affecting prospects and financial position

of the company. However, the Party II is paying the

wages of workers, which are favourably comparable

with the wages paid to other industries in the

region. There is another trade Union by name GKB

Ophthalmics Limited Employed Union functioning

in the factory of the Party II. The said Union also

submitted Charter of demands to the Party II. Those

demands were discussed between that Union and

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the management and a comprehensive settlement

was arrived in the year 2008 and by the said

settlement, the workers got a minimum wage rise

of 15% over their existing wages. The Party II

entered into another settlement dated 31-08-2012,

with GKB Ophthalmics Ltd. Employees Union,

whereby members of the said Union became

entitled to several monitory benefits. Party II is

giving wage rise every year to its workers. It will

not be in a position to pay any additional wage

rise to its workers.

18. Learned Adv. Shri A. V. Nigalye has further

submitted that following factors have to be

considered while deciding the justifiability of the

Charter of demands namely Region-cum-industry

principle and Financial capacity of employer and

while considering the region cum-industry

principle, the comparison of wage should be in

relation to similar concerns in region, which would

be those in same line of business in the region and

having similarity in other matters like turn-over,

profits strength of workers etc. as such, the wages

prevalent in comparable industries carrying on

same business needs to be considered. However,

where the number of industries in particular region

is small or where there are no industries carrying

the same type of business in the region, the other

comparable industries can be considered, in other

words they should be comparable in terms of nature

of business, turn-over, employee strength, profits,

assets and other relevant parameters. He further

submitted that Party I has relied on Memorandum

of settlements of Merck Limited, Burger Paints,

Burger Baker Private Limited, Indoco Pharma and

Kadamba Transport Corporation, but all of these

industries are not in ophthalmic glass manufacture

business which is the business of Party II. The

turnover, employee strengths, profits, assets etc. of

those companies are not known. Hence, they are

not comparable industries and cannot be relied

upon for determining the wages by applying the

principle in region-cum-industry. There is no other

evidence produced by the Party I to compare the

wages with similar concerns having financial

capacity of employer. It is, therefore, necessary to

ascertain whether the establishment can pay

additional wages without any undue strain on its

finances. The additional wage structure would

impose recurring liability on the employer. If the

employer is not able to bear the burden, the

establishment would have no other option but close

down. This would affect employment of the

employees and also cause loss to the company and

its investors/shareholders as the audit reports show

that the Party II is earning meagre profits and has

also suffered losses for some years.

19. There also cannot be any dispute that for the

applicability of the principles of industry-cum-

-region, the revision of wage structure cannot be

done without considering the company’s capacity

to bear the financial burden resulting from such

revision of wages as held by the Hon’ble Apex

Court in Novex Dry Cleaners vs. its Workmen,

1962 (I) LLJ 271. It is a very relevant and important

factor to be considered before deciding about the

revision of wage structure pursuant to the demand

for increase in wages by the employees of a

company. The Tribunal has to assess the additional

liability which will be imposed upon the employer

by the new wage structure and try to anticipate

whether the employer would be able to bear the

same for a reasonably sufficient period in future,

otherwise the whole exercise by the Tribunal could

result in futility. In Greaves Cotton & Co. & Ors.

vs. Their Workmen, AIR 1964 SC 689, it was

clarified that while applying the industry-cum-

region formula, the stress should be on the industry

part if there are large number of concerns in the

same region carrying on the same industry, as in

such cases the production costs being equal,

likewise would be the competition and therefore

the wages should be fixed on the basis of the

comparable industry, viz. the industry of same kind.

For that purpose, the wage scale prevalent in the

comparable concerns carrying on the same industry

in the region is to be considered. However, where

the number of industries of the same kind in a

particular region is small, it is the region part of

the industry-cum-region formula which assumes

importance.

20. It is well settled as stated above that while

granting the demands including wage revision,

the Tribunal has to be satisfied positively that the

financial condition of the employer is such as will

enable it to bear additional burden imposed on the

company. There also cannot be any dispute that

increase in AICPI justifies an upward revision so

also that the higher wages can be granted, if

financial position of the company permits the

burden but at the same time merely because the

company is financially sound and in a position to

absorb the additional burden is no ground to revise

the emoluments upward as held in the case of

Hindustan Lever Ltd. vs. B. N. Dongre & Ors.,

1994 II CLR 673. It is therefore relevant to scan

what is the total capital invested by the concern,

what is the extent of its business, what is the

profits made by the concern, what are the

dividends paid, how many employees are

employed, what is the standing in the industry to

which it belongs, while adjudicating or

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determining the question as to whether one

concern is comparable with another in the matter

of fixing wages and other benefits as held in the

case of Workmen of Balmer Lawrie and Co. Ltd.

1964 (I) LLJ 380.

21. The Apex Court in the case of A. M. Assocn.

Etc. vs. Textile Labour Assocn. 1966 SC 497 has

held that the Tribunal dealing with the problem of

wage fixation or wage revision must carefully

examine the financial position of the employer and

in that regard try to ascertain the progress of the

industry in question, its prospects in future,

whether the industry is making profit, and if so,

the extent of profits, the nature of demand which

the industry expects to secure and the financial

burden that the industry will have to bear

consequent to wage revision, including its gradual

increase which the employer may have to face;

these and similar other considerations are to be

carefully weighed before the proper wage structure

is reasonably considered in an industrial

adjudication. It therefore reveals from the decisions,

referred to above, that two principal factors which

must weigh while fixing or revising wage scales

and grades are: (1) Now the wages prevailing in

the establishment in question compare with those

given to the workmen of similar grade and scale by

similar establishments in the same industry or in

their absence in similar establishments in other

industries in the region and (2) what wage scales

the establishment in question can pay without any

undue strain on its financial resources. The same

principles substantially apply when fixing or

revising the dearness allowance as reiterated in

the case of Unichem Laboratories Ltd. vs. The

Workmen, 1972 (I) LLJ-576. There is no dispute

that the principle of industry cum region has to be

applied by an Industrial Court when it proceeds to

consider questions like wage structure, dearness

allowance and similar conditions of service and in

applying these principles, the Industrial Court have

to compare wage scale prevailing in similar

concerns in the region which it is dealing.

22. Discernibly, the Party I’s claim is supported

by the pleadings taken in its statement of claim

filed in justification of the Charter of demands and

the evidence and documents on record. The

Party I has claimed that the Party II Company is in

the business of manufacturing and supply of

ophthalmic lenses in India as well as in foreign

countries and it has exclusive monopolistic

demand in the market spread all over the country

as well as in foreign markets and it has shoved up

a formidable profits over last many years and has

also expanded its business and that the current

salaries paid to the workman are low, pathetic and

meagre and it does not take care of their bare

basic minimum needs of life and it needs revision

and hence, a Charter of demands dated 24-12-2007

was placed before the Party II Company seeking

revision and enhancement in their existing salaries

and other service conditions. The Party 1 Union

has also pleaded that the Party II Company has not

made applicable any pay scale to its workers. The

Union has also pleaded that the workers are not

paid salaries as per their designations and category

of work to which the workmen are legally entitled

and hence the pay scale as demanded in Charter

of demands needs to have been conceded by the

Party II Employer.

23. The Party I/Union also claimed that the

company did not introduce the Variable Dearness

Allowance and hence the demand for Variable

Dearness Allowance @ 250 per point over and

above 2500 base points AAICPI (1960=100) to be

revised every quarter w.e.f. 01-11-2007 was fair and

proper as the prices of essential commodities and

other food items including cost of living is

increasing at tremendous pace and as there was

no concept of VDA the salaries paid to the workmen

remain stagnated and static without upward

revision. Similarly, the Party I Union has demanded

Fixed Dearness Allowance @ Rs.1200/- per month

to be made effective from 01-11-2007 as the

principles of payment of Fixed Dearness Allowance

takes care of cost of rising Consumer Price Index

and as the prices shoot up the cost of living also

shoots up and it is therefore necessary to revise

the Fixed Dearness Allowance every year so that

the cost of inflation in the market is taken care of.

It is also pleaded that Goa being a tourist

destination, the prices of essential commodities

such as food items, LPG cylinders, Petrol, Diesel,

Kerosene, Vegetables, fish, bread, milk are higher

as compared to other states as most of the food

items are transported to Goa from other States

where due to the cost of increase in the diesel

prices, the cost of food items are invariably high

and are beyond the means and capacity of working

people specially those who are working in factories

and industries like Party II Company where they

are paid less salaries.

24. The Party Union examined Rajendra Datta

Mangueshkar, the General Secretary of Party I Union

in support of their case. Mr. Mangueshkar has

reiterated the pleadings and justification filed by

the Party I Union in the statement of claim on each

item of the Schedule of reference and demands

raised in the Charter of demands dated 24-12-2007.

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Mr. Mangueshkar has stated that the Party II

Company is manufacturing ophthalmic lenses

which are supplied in Indian as well as foreign

markets and that it has monopolistic demands in

the market all over the country as well the foreign

markets. The company has also divested its profits

in other sister associates and group companies and

their names are GKB Vision Ltd., which was started

in the year 2000 and it has also 8 prescription labs

in India, in UAE, and a joint venture in Spain and

countries like USA. Mr. Mangueshkar has also

stated that the company was set up in the year

1981 and since then it has made a remarkable good

fortunes in the overall business activities making

huge profits every year. He stated that the company

is also listed in the National Stock Exchange where

its share commands handsome premiums and earns

huge profits and that the company has enough

reserves and has also won awards for its

outstanding performance however, the wages paid

to the workmen working in the Party II Company

were low and exploited.

25. In support of the claim for VDA and FDA,

Mr. Mangueshkar has stated that the Charter of

demands was placed on 24-12-2007 to be made

effective for the period of 3 years from 01-11-2007

to 30-10-2010. He stated that the All India Consumer

Price Index on 01-11-2007 was 3059 points

(1960=100) and the same has increased to 4131

points (1960=100) in October, 2010 thereby a total

increase of 1072 points that means even if the VDA

per point is considered @ Rs. 2 per point, there is

an increase of Rs. 2144/- on VDA alone. The table

of the VDA increase as stated by Mr. Mangueshkar

is reflected in the affidavit. Mr. Mangueshkar stated

that there has been tremendous rise in the

Consumer Price Index in terms of essential

commodities, household items and food items, it is

therefore extremely necessary to enhance and

revise the wages of these workmen as demanded

in the Charter of demands. He also stated that the

salaries paid to the workmen in other comparable

industries in the State of Goa are much higher as

compared to the Party II Company. The Companies

like Centaur Pharmaceuticals Ltd., Berger Becker

Ltd., Duraline India Ltd, Selvel Foods & Beverages

Ltd., Venus Ethoxyeters Ltd., Organics Ltd., VIC

Industries Ltd, are paying much higher wages to

their workmen and that the Government of Goa in

March, 2013 has revised the Minimum rate of

wages for unskilled category @ Rs. 215/- per day,

semi-skilled category @ Rs. 236/- per day, skilled

category @ Rs. 266/- per day and highly skilled

category @ Rs. 287 per day and that the Minimum

wages is the bare Minimum Wage which is paid

irrespective of employers’ paying capacity. He also

stated that all the workmen working with Party II

Factory are highly skilled workmen doing the work

of machine operators, checking the quality (QC)/

checker, dispatch, tool room operator, maintenance

operator, etc., and as such these workmen are

entitled for higher salaries and not just minimum

wage and that the rise in the cost of living index

has taken care of by Variable Dearness Allowance

component which always exists in the salary

component and VDA as paid specifically to

neutralize the inflation and the rising prices of

essential commodities.

26. Admittedly, the salary structure which is

presently paid to the workmen does not have VDA

component and thus the Employer has

systematically and deliberately did not introduce

the VDA in the existing salaries of these workmen.

This has caused great injustice, prejudice and

financial losses to the workmen working in the

factory and that they lost sizeable amount only

due to non-introduction of VDA in the salary. It is

therefore essential that each and every workman

employed in this factory should be paid VDA as

demanded in the Charter of demands which will

enable these workmen to neutralize the rate of

inflation and the rising prices of essential

commodities, food items and other household

goods. Mr. Mangueshkar has stated that there has

been huge rise in the cost of living index including

the prices of essential commodities, food items and

household goods, whereas, the wages of the

workmen have remained unrevised for considerably

long period of time and that the wages and the

salaries paid the workmen in other similar

comparable industries and factories are much

higher than the salaries and wages paid by the

Employer company. Mr. Mangueshkar stated that

the salaries of machine operator working in VIC

Industries, Pissurlem, Goa in 2008 was around

Rs. 8,112/- with VDA paid @Rs. 1.65 per point rise

above AAICPI base points 2000 (1960 100). The

Flat rise given to all the workmen was Rs. 275/- per

month with the Pay Scale of 1200-75-1575-85-2000-

-95-2475-105-3000-115-3575 for non-technical

workers and for technical workers the Pay Scale

was 1450-85-1875 100-2575-115-2950-130-3650-145-

-4325. The D.A. was paid @ Rs. 360/- per month

and HRA @ Rs. 375/- per month, LTA @ Rs. 1800/-

per annum, Washing allowance @ Rs. 200/- per

month, Canteen allowance @ Rs. 200/- per month,

Education allowance @ Rs. 200/- per month, etc.

He stated that as per the said settlement the skilled

workers working on production as machine

operators were paid Rs. 8112/- in the year, 2008.

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The maintenance workers were also paid

Rs. 8112/- and those working in stores were paid

Rs. 8,839/- and those working in dispatch were

paid Rs. 8,114/- and even the temporary workers

were paid Rs. 8719/- and by January, 2010 the same

salary was revised by giving the total rise of

Rs. 4,300/- on an average.

27. Mr. Mangueshkar has also deposed that the

salaries of machine operator working in Duraline

India Pvt. Ltd, Verna, Goa in 2008 was around

Rs.13002/- with VDA paid @ Rs. 1.30 per point rise

above AAICPI base points 3000 (1960=100) to be

revised on half yearly basis. The Flat rise given to

all the workmen was Rs. 1000/- per month. The

HRA was paid @ 40% of the revised basic salary,

LTA was paid @ Rs. 3800/- per annum. Washing

allowance @ Rs. 600 per month. Shift allowance @

Rs.10/- per shift for 2nd shift and Rs. 15/- for 3

shifts, Education allowance @ Rs. 850/- per month,

etc. Conveyance allowance @ Rs. 100/- per month,

Bonus @ Rs. 20% on Basic+VDA, etc., on an average

monthly salary was revised @ Rs. 13002/- per month.

Mr. Mangueshkar stated that the salaries of

machine operator working with Berger Becker

Coatings Pvt. Ltd., Pilerne, Goa in 2009 were paid

Rs. 2000/- per month in the first year i.e. in 2009,

addition increase of Rs. 950/- per month in 2010,

and additional increase of Rs. 950/- per month for

year, 2011 wherein Basic Rs. 1200/- per month

increase was paid in Basic, Rs. 200/- per month in

FDA, Rs. 300/- per month in HRA, Rs. 100/- per

month in Washing Allowance, Rs. 200/- per month

in Conveyance Allowance. The Senior Operators/

/workmen were paid an increase of Rs. 1500/- per

month in Basic, Rs. 250/- per month in FDA,

Rs. 375/- per month in HRA, Rs. 125/- per month in

Washing Allowance and Rs. 250/- per month in

Conveyance Allowance. Mr. Mangueshkar stated

that the Government has also revised the salaries

of its employees by implementing awards of Pay

Commission and presently the Government

employees are enjoying the benefits of VI Pay

Commission with 100 % D.A., which is much higher

as compared to the wages paid to these workmen.

Similarly, the wages and salaries paid by the

Employers in other comparable Industries are much

higher and hence there in an urgent need to

enhance and revise the existing salaries of these

workmen as demanded in the Charter of demands.

28. Mr. Mangueshkar stated that the financial

position of the Party II since its inception as reported

by the Directors in their balance sheets for these

respective years is sound. The Balance sheets of

Party No. II Company for all the above years clearly

reveal that right from the inception of the factory,

the company’s sales are on the increase, making

huge and larger profits every year. Profit before

income tax in the ratio to net sales is also on the

increase. Mr. Mangueshkar stated that for the

financial year ending 31st March, 2006 the sale

and other income of the Party II Company was

Rs. 2141.35 and profit before depreciation was

Rs. 288.50. Similarly, for the year ending 31st March,

2007 the sale and other income is recorded in the

Balance sheet is Rs. 2554.91 and profits before

depreciation Rs. 262.05. Mr. Mangueshkar stated

for the year ending 31st March, 2010, the turnover

of the Company was increased to Rs. 3891.32 lakhs

as against the turnover of Rs. 3015.26 lakhs of the

previous year of 31st March, 2009, thereby showing

an increase of 29%. He stated that during this year

the Company paid high dividend to shareholders

and that in the said year, the Company was also

awarded by prestigious CAPEXIL Award for the

year, 2008-2009. Exh. 55 colly which are audited

reports prove the above figures and the case of the

Party I that the financial highlights shows

tremendous rise in total income of the Company.

Fixed assets/turnover ratio is also on the increase.

This financial aspect of the entire Corporate and

also of the Industrial Systems in which the factory

under reference is concerned shows that the

company had made a large progress and earned

prosperity during the last 10 years. In the cross

examination, he denied the suggestion that the

company is not earning huge profits or that the

company is suffering heavy losses from the year

2013.

29. The Party I Union also examined Mr. Devidas

Chavan who is working as a machine operator with

the Party Company. He has stated that he joined

the company on 22-05-1993 as a machine operator

and continues to work as a machine operator. He

has stated that along with him many other

workmen are also working as machine operator,

Quality Control technician, despatch, Checker of

Lens, Stock Technicians, and Packers etc. He stated

that the job of machine operator, Quality Control

Technician, Maintenance Technician, Despatch,

Checkers are of skilled jobs as Quality Control

Technicians are required to check the quality

control of lens by using various process such as

checking the lens, checking the power, sorting out

of the lens according to power etc. He stated that

the salaries paid to him and other workmen in the

year 2006, 2007, 2008, 2009, 2010, 2011, 2012, and

2013 were low and with the said salary, he and

other workmen were unable to meet the basic

needs of the family. He also stated that he and

other workmen have referred in resolution at Exhibit

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48 colly to the Registrar of Trade Unions vide

communication dated 05-11-2007 that all the

workmen named in the said resolution unionized

themselves under the banner of Goa Trade and

Commercial Workers Union. In the cross

examination, the said witness has confirmed that

the work done by machine operators, quality

control technicians, checkers are skilled jobs and

also confirmed the names of the workmen and their

gross salaries shown in Exhibit 47 colly. He stated

that though there is insignificant rise every year,

it is by way of annual increments which the

company was paying to the workmen as a matter

of practice. It is clear that though the company

gave annual increments to the workmen, the said

annual increments were given to take care of the

rise in the minimum wages as the salaries of these

workmen were below minimum wages and for all

these years the workers have been denied

legitimate wage increase in their basic salary, fixed

dearness allowance, variable dearness allowance

and in other allowances as demanded in the

Charter of demands.

30. The Party II Company examined Shri Prakash

Joshi, Gurudas Sawant and Cedric Lobo as their

witnesses. The witness, Shri Prakash Joshi

produced the copies of audit reports for the year

2006-2007, 2007-2008, 2009-2010, 2010-2011,

2011-2012, 2012-2013, 2014-2015, 2015-2016 at

Exhibit 55 colly. The said audit reports matches

the figures referred by Mr. Mangueshkar which

shows that the company has made enough profits

for the period the demands are raised and also it

has enough reserves and surpluses. In the cross

examination, the witness Mr Prakash Joshi has

admitted that there are two sister concerns i.e.

GKB Vision Pvt. Ltd., and that it started operation

in the year 2000 and the son of the M.D. of the

Party II Company is looking after the said sister

concern. He also stated that now they have also

shifted to manufacture plastic lenses and the

demand for plastic lenses is 90% globally. He also

admitted that the Company has overseas market.

He also admitted that the manufacturing of glass

lenses and plastic lenses involve certain process

which includes grinding, smoothing, polishing,

cleaning, quality control, checking and packing.

He also stated that while carrying on the above

process, they have to take care of the environment,

water, bubble formation etc. He stated that the

workers working in QC Department have to perform

two stages of jobs i.e. identifying surface defects

and checking power of lenses. He also claimed

that the first job is done by the naked eye and the

second job is done by using Lensometer and also

admitted that the workers who work on machine

are called machine operators and the workers who

work on QC department are called checkers. He

further admitted after looking at the Salary register

that the employees for the month of June, 2008

and August 2008, the pay scale, VDA and FDA are

not shown. He further admitted that they are

exporting lenses to Germany and other European

countries. He also admitted that the salary paid to

the workmen is inclusive of Performance Appraisal

Scheme. He has stated that the glass lenses are

produced at its sister concern i.e. GKB Vision Ltd.,

at Pilerne factory. He claimed that the Chairman of

the Company is one of the directors of the sister

concern along with his son.

31. The Party II Company also examined Gurudas

Krishna Sawant, Chief Finance Officer. He has

reiterated about the financial position of the

company. He claimed that the financial condition

of the company is precarious at present and inspite

of suffering from heavy losses, the Party II has

substantially increased the wages of the workmen.

In the cross examination, Mr. Sawant has admitted

that the Gross profit of the Company for the year

2005-2006 was Rs. 2,11,45,242.00 and Gross profit

for the year 2007-2008 as shown in the balance

sheet is Rs.1,26,57,258.00 and the Gross profit for

the year 2008-2009 is Rs. 2,57,54,045.00 and the

Gross profit for the year 2009-2010 was

Rs. 2,51,44,327.00. He has also admitted that there

are 300 plus employees employed at its sister

concern, M/s GKB Vision Ltd., and M/s GKB

Ophthalmics Ltd. He has also admitted that

recently the company has acquired premises at

Banda, Maharashtra to set up a factory in the name

of GSV Ophthalmics Pvt. Ltd. The Party II Company

also examined Mr. Cedric Lobo, Senior Manager

Administration of the Party II Company. He has

claimed that the company earned only marginal

profits from 2005-06 till 2013-14 and thereafter

suffered heavy losses till 2018-19. He also deposed

about the settlements entered into with the other

union. He claimed that for the year 2005-2006 till

the year 2013-2014, the Party II has made profits

and for the year 2005-06, the net profit was

Rs. 12,354,892/-, for the year 2006-07 the net profit

was Rs 9,630,543/-, for the year 2007-08, the net

profit was Rs. 8,408,581/-, for the year 2008-09, the

net profit was Rs. 15,935,454/-, for the year 2009-10,

the net profit was Rs. 15,662,021/-, for the year

2010-11, the net profit was Rs. 2,027,250/-, for the

year 2011-12, the net profit was Rs. 17,100,049/-. In

the cross examination, Mr. Lobo has admitted that

there was no concept of paying Variable Dearness

Allowance (VDA) in the salaries of the workmen

for the period from 01-11-2007 to 31-10-2010. He

has admitted that the Party II Company was not

paying VDA for the above period. He stated that

the annual increments were given in the month of

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July every year @10% increase. However, when

the witness was confronted with the wage register

at Exhibit 56 colly, he was unable to show the

increase of annual increment @10% in the salaries.

32. The Party I Union has thus established that

the Party II Company has made profits for the period

effective from 01-11-2007 onwards till 2013-2014. It

is also established that the Party II Company at

Mapusa initially started the said Company at

Karaswada, Mapusa, derived huge profits in the

business of manufacturing lenses and invested the

profits in acquiring huge lands and setting up

manufacturing plants of other sister companies

producing lenses. It is also established that all

along right from inception of the Company, the

Party II paid meagre and pathetic salaries to its

workmen. There has been no increase given to the

workmen in the basic salary inspite of continuous

working for last more than 10-15 years. The workers

are not paid according to their seniority and there

is hardly any difference between the senior and

junior workmen. The claim of revision and

enhancement in wages, salaries and in the service

conditions are therefore made as right from the

inception of the factory, there has been no

meaningful revision in the wages, salaries and other

service conditions. The wages, salaries and other

service conditions as per the settlements were

accepted by workmen as a matter of compromise.

The Company like Party No. II is required to pay to

its workers living wages when its manufacturing

and supply activities are spread internationally and

all over India. The Party I workmen has sufficiently

shown industry-cum-region formula justifying

revision. The Party II Company can bear additional

burden as discussed above. The workers are thus

entitled to wages as claimed in their Charter of

Demands No. 1, 3 and 5 respectively. The demand

for VDA @ 2.50 paisa per point rise is a just and

reasonable demand as in all other establishments

of national character, Variable Dearness Allowance

(VDA) is paid at much higher rates than the paltry

amount of Rs. 2.50 paisa as demanded by the Union.

The submissions of Learned Adv. Nigalye as stated

above therefore pales into insignificance. The

workmen are entitled for retrospective benefits as

demanded by them along with the arrears of the

settlement effective from 01-11-2007. The Party I

workmen have thus established demands No. 1, 3

and 5 in the affirmative.

(b) Demand No. 2: Special Increments:

33. The Party I have demanded that all the

workers shall be made eligible to the following

special increments on the basis of their seniority

with effect from 01-11-2007: those who have

completed eighteen (18) years as on 01-11-2007

shall be paid six (6) special increments in the

respective pay-scale; those who have completed

fifteen (15) years as on 01-11-2007 shall be paid five

(5) special increments in the respective pay-scale;

those who have completed twelve (12) years as on

01-11-2007 shall be paid four (4) special increments;

those who have completed nine (9) years as on

01-11-2007 shall be paid three (3) special

increments; those who have completed six (6) years

as on 01-11-2007 shall be paid two (2) special

increments; those who have completed three

(3) years as on 01-11-2007 shall be paid one

(1) special increments. The witness, Shri Rajendra

Mangueshkar has however not supported the above

claim by any proof nor any justification given in

his affidavit or affidavit of Devidas Chavan, hence

the above claim cannot be granted as prayed for.

Nonetheless, the Settlements dated 31-8-2012 at

Exh. 51 colly and Settlement dated 30-7-2008 at

Exh. 53 colly take into consideration other benefits/

/allowances as per Performance Appraisal Scheme

as well as Special allowance to the workers and all

the workers are enjoying the said benefits till date

as per the said settlements, which appears to be

just and reasonable. Hence, no separate Special

increments is required. Hence, the above demand

is answered accordingly.

c) Demand No. 4: House Rent Allowance:

34. It is claimed by Party I that as soon as

factories are set up, the landlords start extracting

higher rents from the workers who come to stay

close to the factory premises thereby house rents

in the vicinity of the factory go up beyond the

paying capacity of the employees and it becomes

difficult and practically impossible for the workers

who are paid low wages by the employers to pay

the rents. It is also stated that most of the workers

are residing in rented houses and sizeable

quantum of workmen’s salary goes to pay house

rent. The witness, Shri Rajendra Mangueshkar has

stated so in Paras 42 and 73 of the affidavit. There

cannot be quarrel that Party I workmen are entitled

to House Rent allowance. The demand of Party I is

Rs. 900 per month w.e.f. 1-11-2007. The Settlements

dated 31-8-2012 at Exh. 51 colly and Settlement

dated 30-7-2008 at Exh. 53 colly take into

consideration the House Rent Allowance to the

workers and all the workers are enjoying the said

benefits as per the said settlements, which appears

to be just and reasonable. Hence, no separate House

Rent Allowance is required. Hence, the above

demand is answered accordingly.

OFFICIAL GAZETTE — GOVT. OF GOA

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315

(d) Demand No. 6: Conveyance Allowance:

35. The Party I workmen have also claimed

conveyance allowance as they demanded that each

worker shall be paid an additional amount of

Rs. 850/- per month over and above existing

Conveyance Allowance as on 31-10-2007. The

witness, Shri Rajendra Mangueshkar has merely

stated in Para 73 of the affidavit that what is said

about house rent is equally applicable to electricity

bills, clothing, medicines, travels etc. however it is

not supported by any evidence or justification,

hence the above claim cannot be granted as prayed

for. Nonetheless, the Settlements dated 31-8-2012

at Exh. 51 colly and Settlement dated 30-7-2008 at

Exh. 53 colly take into consideration the

Conveyance Allowance to the workers and all the

workers are enjoying the said benefits till date as

per the said settlements, which appears to be just

and reasonable. Hence, no separate Conveyance

Allowance is required. Hence, the above demand

is answered accordingly.

(e) Demand No. 7: Education Allowance:

36. The Party I workmen have also claimed

Education allowance as they demanded that each

worker shall be paid an additional amount of

Rs. 650/- per month over and above existing

Education Allowance as on 1-11-2007. The witness,

Shri Rajendra Mangueshkar has stated in Para 73

of the affidavit that what is said about house rent

is equally applicable to electricity bills, clothing,

medicines, schooling of children, etc. Curiously

enough, the Settlements dated 31-8-2012 at

Exh. 51 colly and Settlement dated 30-7-2008 at

Exh. 53 colly do not take into consideration the

Education Allowance to the children of the

workers, which is a necessity considering the

education scenario in the State of Goa. The

Party I is merely demanding Rs. 650 per month as

education allowance, which is just and reasonable.

Hence, Education Allowance as demanded is

required to be granted. Hence, the above demand

is answered accordingly.

(f) Demand No. 9: Shift Allowance:

37. The Party I have demanded shift allowance

w.e.f. 01-11-2007, to each workperson on the

following basis, namely, 1st Shift Allowance-

Rs. 15/- per shift, 2nd Shift Allowance - Rs. 25/- per

shift and 3rd Shift Allowance- Rs. 35/- per shift.

The witness, Shri Rajendra Mangueshkar has not

given any justification for the above demand nor

supported it by any proof, hence the above claim

cannot be granted as prayed for. Nonetheless, the

Settlements dated 31-8-2012 at Exh. 51 colly and

Settlement dated 30-7-2008 at Exh. 53 colly take

into consideration the Shift Allowance to the

workers and all the workers are enjoying the said

benefits till date as per the said settlements, which

appears to be just and reasonable. Hence, no

separate Shift Allowance is required. Hence, the

above demand is answered accordingly.

(g) Demand No. 11: Leave Travel Allowance:

38. The Party I workmen have demanded with

effect from 01-11-2007 to each workperson Leave

Travel Allowance (LTA) on the following basis,

Grade-B...Rs.4400/-, Grade-C... Rs. 5500/-,Grade-

D... Rs. 6500/- and Grade-E ... Rs. 7500/-. The witness,

Shri Rajendra Mangueshkar has not given any

justification for the above demand nor supported it

by any proof or evidence, hence the above claim

cannot be granted as prayed for. Nonetheless, the

Settlements dated 31-8-2012 at Exh. 51 colly and

Settlement dated 30-7-2008 at Exh. 53 colly take

into consideration the Leave Travel Allowance to

the workers and all the workers are enjoying the

said benefits till date as per the said settlements,

which appears to be just and reasonable. Hence,

no separate Leave Travel Allowance is required.

Hence, the above demand is answered accordingly.

(h) Demand No. 12: Overtime:

39. The Party I workmen demanded that each

workperson shall be paid Overtime at double the

rate of wages with retrospective effect. It claimed

that whenever a worker is required to work on

Sundays/Holidays and Weekly Off days, he shall be

paid double the rate of wages with a paid

compensatory-off which shall be allowed to be

availed by the worker within 3 days of such work.

It is also demanded that when a workman of a first

shift is asked to wait for the overtime for the 2nd

shift, he shall be provided overtime as mentioned

above and the company shall provide a vehicle to

drop the employee at home or any actual transport

allowance. It is also demanded that whenever an

employee is required to work on overtime for

continuous 12 hours of duty, he shall be paid Food

Allowance of Rs. 40 per extra shift worked. The

witness, Shri Rajendra Mangueshkar has not given

any justification for the above demand nor

supported it by any proof or justification, hence

the above claim cannot be granted. Nonetheless,

the Settlements dated 31-8-2012 at Exh. 51 colly

and Settlement dated 30-7-2008 at Exh. 53 colly

take into consideration the Leave Travel Allowance

to the workers and all the workers are enjoying the

said benefits till date as per the said settlements,

which appears to be just and reasonable. Hence,

no separate Overtime is required. Hence, the above

demand is answered accordingly.

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316

(i) Demand No. 13: Leave facilities:

40. The Party I have demanded that the

workperson be eligible to the following Leave

Facilities with effect from 01-11-2007. (a) Privilege

leave: 23 days per annum with a facility to

accumulate upto 100 days and en cash leave above

50 days. (b) Casual Leave: 9 days per annum with

a facility to accumulate upto 30 days OR with a

facility to encash the balance leave. (c) Sick Leave:

10 days per annum with a facility to accumulate

upto 30 days. (d) Holidays 14 days per annum to be

finalized in the month of January every year

between the Union and the Management. The

witness, Shri Rajendra Mangueshkar has not given

any justification for the above demand nor

supported it by any evidence, hence the above

claim cannot be granted as prayed for. Nonetheless,

the Settlements dated 31-8-2012 at Exh. 51 colly

and Settlement dated 30-7-2008 at Exh. 53 colly

take into consideration the Leave facilities to the

workers and all the workers are enjoying the said

benefits till date as per the said settlements, which

appears to be just and reasonable. Hence, no

separate Leave facilities is required. Hence, the

above demand is answered accordingly.

(j) Demand No. 16: Bonus:

41. The Party I have demanded that 20% Bonus

shall be paid to every employee on gross wages

(Basic + DA VDA HRA+ TAOT EDU ALLOW Misc.

ALLOW + SHIFT ALLOW, etc., without any ceiling.

Annual bonus is to be disbursed eight days before

the Ganesh Chaturthi. The burden of payment of

Bonus which is at the minimum rate of 8.33% of

wages, EPF at 12% of wages and ESI have to be

taken into consideration. This comes to over 20% of

the wages of each workman. Learned Advocate

Shri A. V. Nigalye has submitted that Party II has

been paying bonus which is higher than prescribed

rates. The witness, Shri Rajendra Mangueshkar has

claimed that Party II is paying less than statutory

bonus in terms of law. Nonetheless, the Settlements

dated 31-8-2012 at Exh. 51 colly and Settlement

dated 30-7-2008 at Exh. 53 colly take into

consideration the Bonus to the workers and all the

workers are enjoying the said benefits till date as

per the said settlements, which appears to be just

and reasonable. Hence, the above demand is

answered accordingly.

(k) Demand No. 32: Period of settlement Bonus:

42. The Party I workmen have claimed that the

present Charter of demands are specifically for the

period of 3 years effective from 01-11-2007 to

30-10-2010. The Settlements dated 31-8-2012 at

Exh. 51 colly and Settlement dated 30-7-2008 at

Exh. 53 colly are also for the period of three years

and all the workers are enjoying the said benefits

till date as per the said settlements. The above

demand therefore can be safely answered in the

affirmative. The Party I workmen having proved

that the above demands raised by the Union vide

letter dated 24-12-2007 are legal and justified and

that the Workmen are entitled for above reliefs, the

above issue No.1 and 2 are answered partly in the

affirmative.

Recast Issue No. 3

43. Learned Adv. Shri A. V. Nigalye for Party II

has submitted that the Party I has no locus standi

to raise the dispute or represent workmen of

Party II. He further submitted that Party I has

examined its witness Shri Rajendra Mangueshkar

who has stated in his affidavit that the workers of

Party II became the members of Goa Trade

Commercial Workers Union vide resolution passed

by them to that effect and a copy of that resolution

along with a letter was sent to the employer. Apart

from this, the Union has not produced any document

to prove its locus standi. In his cross-examination,

he has stated that he is the General Secretary of

the Union for past 15 years, but nothing is

produced in support thereof. The next witness of

the Party 1 Shri Devidas Chavan, has produced the

letter dated 05-11-2007 at Exhibit 48 colly. The said

document also does not give any authority to the

Union to raise the dispute or raise Charter of

demands. He further submitted that the Trade

Union being a corporate entity, it has to act through

resolutions. There is no resolution by the General

Body of the Union or its Managing Committee

authorizing the Union to raise any demands. In

fact, the Charter of demands ought to have been

placed before the General body of the Union or its

committee and the members should have decided

about submission of the demands to the employer.

Secondly, the Union should pass a specific

resolution to raise the dispute and espouse it. None

of this has been done in this case. Hence, according

to Learned Adv. Shri Nigalye, it has to be

concluded that Union has no authority and locus

standi to raise the dispute and represent the

workers. However, as rightly submitted by Learned

Adv. Shri Suhaas Naik, the workers have given the

authority to the Union to submit Charter of

demands and to raise the dispute. The witness,

Shri Devidas Chavan has stated that he along with

other permanent workers are the members of Goa

Trade and Commercial Workers Union and that

copy of the Resolution signed by its members in a

General Body Meeting held on 1-11-2007 was sent

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 15

8TH JULY, 2021

317

to the Company along with the copy of the letter

to the Registrar of Trade Union. Exh. 48 colly are

the said documents. The Resolution dated

1-11-2007 authorised the Union to file any claim,

dispute before any forum, authority, Court of law

against the management/Employer till its final

adjudication. It is therefore, the Party I has proved

that the Party I has locus standi to raise the dispute

or represent workmen of Party II. The above

submissions of Learned Adv. Shri Nigalye therefore

pales into insignificance. Hence, the above issue is

answered in the affirmative.

Issue No. 4

44. Learned Adv. Shri A. V. Nigalye for the

Party II has submitted that in view of Settlement

between the Employer/Party II and the workmen

dated 30-07-2008, Charter of demands dated

24-12-2007 does not survive. However, the Party I

workmen have raised the said dispute much prior

to the Settlement dated 30-7-2008. The Party I

workmen are not parties to the said settlement.

The issue before the Tribunal is not that the

settlement dated 30-07-2008 having been accepted

by the majority are binding on rest of the workmen

or that they cover all the demands which are

subject matter of the present Charter of demands

under adjudication and as such the dispute does

not survive.The Party II through the pleadings or

evidence of the witnesses examined by them have

not established that the Charter of demands raised

by the Party I workmen do not survive in view of

Settlement dated 30-7-2008 and therefore, the above

issue has to be answered in the negative.

Issue No. 5

45. Discernibly, the Party I workmen have

sufficiently proved that the demands raised by the

Goa Trade & Commercial Workers Union (AITUC),

Panaji-Goa vide letter dated 24-12-2007, before the

management of M/s. GKB Ophthalmics Limited,

Tivim Industrial Estate, Mapusa-Goa, as discussed

above are legal and justified and therefore, the

Party I workmen are entitled for the reliefs as below:

46. In the result, I pass the following:

ORDER

The

Reference

partly

allowed.

Consequently, Demand No.(1) Flat rise and

Basic salary, Demands No.(2) Special

increments, Demand No. (3) Fixed Dearness

Allowance, Demand No. (4) House Rent

Allowance, Demand No. (5), Variable

Dearness

Allowance,

Demand

No.

(6) Conveyance Allowance, Demand No.

(7) Education Allowance, Demand No.

(9) Shift Allowance, Demand No. (11) Leave

Travel Allowance, Demand No. (12)

Overtime, Demand No.13, Leave Facilities,

Demand No. (16) Bonus and Demand No.

(32), Period of settlement, are all granted/

/partly granted with retrospective effect.

ii.

The Other demands as per the Order of

reference are treated asredundant in view

of the letter of the Party I at Exh. 64

relinquishing the said claim. Hence, they

are all rejected.

iii.

No order as to costs.

iv.

Inform the Government accordingly.

Sd/-

(Vincent D’Silva),

Presiding Officer,

Industrial Tribunal and

Labour Court.

———uuu———

Department of Mines & Geology

Directorate of Mines & Geology

—

Order

No. 01/72/ADM/2005/Mines/Part-I/568

In supersession of all the earlier orders issued in

this regards and in pursuance to Section 5 of the

Right to Information Act, 2005 (Central Act No. 22

of 2005), the following are designated as State

Public Information Officers in respect of the

allocated of subject matters.

1. Smt. Nelita O. Fernandes e D’Silva, Assistant

Geologist...... Major Mineral & (Link Officer),

Shri Sankalp Shet Dessai, Assistant Geologist.

2. Shri Sudir Mandrekar, Assistant Geologist …

Minor Mineral & (Link Officer), Smt. Glancia Q.

Fernandes, Assistant Geologist.

3. Shri Jaiwant Kamat, Surveying Officer… Survey

Section & (Link Officer), Shri Snehal Sangelkar,

Head Surveyor.

4. Assistant Accounts Officer… Accounts

Section & (Link Officer) Accountant, Accounts

Section.

5. Statistical Officer… Statistics Section & (Link

Officer) Research Assistant, Statistics Section.

6. Office Superintendent… Establishment Section

& (Link Officer), Shri Saklu Velip, Head Clerk &

Shri Baban Gaonkar, Head Clerk.

This Order shall come into force with immediate

effect.

Vivek H.P., IAS, Director (Mines & Geology).

Panaji, 29th June, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 15

8TH JULY, 2021

318

Department of Personnel

Order

No. 6/13/2011-PER/1529

On the recommendation of the Goa Service Board, the Governor of Goa is pleased to order the transfer

and posting of the following Junior Scale Officers of Goa Civil Service, in public interest, with immediate

effect:

Sr.

Name

Present posting

Posted as

No.

1. Shri Kapil Phadte

Deputy Collector & SDM-I, Bardez

Deputy Director (Admn.), Department

of Information Technology.

2. Shri Rajesh S. Ajgaonkar

Deputy Collector & SDM,

Deputy Collector & SDM-I, Bardez with

Sattari, with additional charge

additional charge of Deputy Collector

of Forest Settlement Officer, North

& SDM, Sattari and Forest Settlement

Officer, North.

3. Smt. Asha Harmalkar

Deputy Director (Admn.),

Deputy Director (Admn.), Department

Department of Information

of Printing & Stationery.

Technology, with additional charge

of Dy. Director (Admn.), Department

of Printing & Stationery

The transfer of officer at Sr. No. 1 is at his own request. All the above officers shall take charge and submit

compliance report.

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

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

Porvorim, 23rd June, 2021.

———uuu———

Department of Public Health

Order

No. 45/1/2005-I/PHD/Part/1449

Read:- Memorandum No. 45/1/2005-I/PHD/Part/587

dated 17-03-2021.

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/I/5/24(5)/2020/909 dated 19-01-2021, Government

is pleased to appoint the following doctors to the

post of Junior Anaesthetist (Group “A” Gazetted)

under Directorate of Health Services in the Level 10

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

Pay Rs. 5400/- (pre-revised)].

1. Dr. Rina Cordeiro.

2. Dr. Deepika Jaikrishna Chari (OBC).

The above doctors, shall be on probation for a

period of two years.

The above doctors, has been declared medically

fit by the Medical Board. The appointment is made

subject to the verification of the character and

antecedents. In the event of any adverse matter

being noticed by the Government on verification of

their character and antecedents, their services shall

be terminated.

Their appointment are made against the

vacancies occurred due to promotion of Dr. Manjiri

M. Navelkar alias Parsekar and Dr. Mansi Bakre,

Junior Anaesthetist vide Order No. 7/23/87-I/PHD/

/2809 dated 18-12-2019.

Consequent upon their appointment, the above

doctors are posted at Hospicio Hospital, Margao.

By order and in the name of the Governor of

Goa.

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 29th June, 2021.

________

Order

No. 44/5/2006-I/PHD/1436

Government is pleased to accept the notice of

voluntary retirement tendered vide dated 12-04-2021

by Dr. Puja Acharya, Public Health Dentist, under

Directorate of Health Services on completion of 15

years of qualifying service in terms of Rule 48A of

the C.C.S. (Pension) Rules, 1972 and as per the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 15

8TH JULY, 2021

319

provisions of the O.M. No. 12/1/89-Fin (R&C) dated

29-11-1989 and is permitted to retire from service

voluntarily with effect from 10-07-2021 (a.n.).

Dr. Puja Acharya, Public Health Dentist shall

stand relieved from Government service with effect

from 10-07-2021 (a.n.).

By order and in the name of the Governor of

Goa.

Gautami Parmekar, Under Secretary (Health).

Porvorim, 28th June, 2021.

________

Order

No. 23/20/2014-I/PHD/Part V/1406

In view of the declined COVID-19 cases in the

State of Goa, Government hereby de-notifies all the

Government Hospitals as COVID Hospital except

Super Speciality Block of Goa Medical College,

Bambolim and South Goa District Hospital, Margao,

which shall continue to be Government COVID

Hospital.

Consequent to above, the de-notified

Government Hospitals shall shift their COVID

patients to any one of the Hospital viz. Super

Speciality Block of Goa Medical College, Bambolim

and South Goa District Hospital, Margao at the

earliest and resume their full scale normal activities

as soon as possible.

All the Private Hospitals who are having facilities

to treat COVID patients are permitted to admit and

treat COVID patients as per their capacity to treat

COVID patients.

By order and in the name of the Governor of

Goa.

Vikas S. N. Gaunekar, Additional Secretary

(Health).

Porvorim, 24th June, 2021.

________

Order

No. 8/63/91-I/PHD/1476

Government is pleased to accept the notice of

voluntary retirement dated 31-03-2021 tendered by

Dr. Neeta Kakodkar, Health Officer, STD Clinic, Asilo

Hospital, Mapusa under Directorate of Health

Services under Rule 48-A of C.C.S. (Pension) Rules,

1972 and to relieve her from the post of Health

Officer under Directorate of Health Services with

effect from 30-06-2021 (a.n.).

By order and in the name of the Governor of

Goa.

Gautami Parmekar, Under Secretary (Health).

Porvorim, 29th June, 2021.

Order

No. 4/23/2002-II/PHD/Part 1/1215

Read: Memorandum No. 4/23/2002-II/PHD/Part 1/

/902 dated 10-05-2021.

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/I/5/30(1)/2014/01 dated 01-04-2021, Government is

pleased to appoint Dr. Pandurang alias Prathamesh

A. Naik, to the post of Lecturer in Medicine (Group

“A” Gazetted) under the Goa Medical College,

Bambolim-Goa, on temporary basis in the Level-11

of Pay Matrix of 7th Pay Commission [Pay Band-3

Rs.15,600-39,100 + Grade Pay of Rs. 6,600/- (pre-

revised)] with immediate effect and as per the terms

and conditions contained in the Memorandum

cited above.

Dr. Pandurang alias Prathamesh A. Naik, shall be

on probation for a period of two years.

Dr. Pandurang alias Prathamesh A. Naik, has been

declared medically fit by the Medical Board.

The appointment is made subject to the

verification of her character and antecedents. In

the event of any adverse matter noticed by the

Government on verification of his character and

antecedents, her service will be terminated.

The appointment is made against the vacancy

occurred due to revival of the posts 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, 10th June, 2021.

________

Order

No. 38/4/2016-I/PHD/1462

Read: Order No. 38/4/2016-I/PHD/947 dated

30-04-2021.

In partial modification to the Government Order

read in preamble Dr. Kameshwari V. Kadnekar,

Medical Officer, Community Health Centre, Valpoi

is hereby posted at Hospicio Hospital Margao with

immediate effect in place of Dr. Samita Gauns,

Medical Officer promoted to the post of Health

Officer vide Order No. 22/6/98-I/PHD/PF-I/1086

dated 18-05-2021.

By order and in the name of the Governor of

Goa.

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 28th June, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 15

8TH JULY, 2021

320

Department of Town and Country Planning

Office of the Chief Town Planner (Admn.)

Order

No. 1/3/TCP(Part File)/2017-19/1015

Read: Order No. 1/3/TCP (Part file)/2017-19/949 dtd. 17-06-2021.

Government is pleased to make the following minor modifications to the said Order read at preamble,

in public interest.

Sr.

Name and

Posting Ordered as per

Proposed change

No.

Designation

Order dated 17-06-2021

1. Shri Rajesh Shirodkar,

Town & Country Planning Dept.,

Deputy Town Planner

Headquarters, Panaji

Headquarters, Panaji and additional

charge at Mormugao Taluka office,

Vasco-da-Gama.

2. Shri Mangiurish N.

Town and Country Planning Dept.,

Verenkar, Deputy

Ponda Taluka Office, Ponda and

Ponda Taluka Office, Ponda.

Town Planner

additional charge of Mormugao

Taluka Office,Vasco-da-Gama

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

James Mathew, Chief Town Planner (Administration).

Panaji, 28th June, 2021.

———uuu———

Department of Urban Development

(Municipal Administration)

—

Order

No. 11/62/2020/DMA/RERA/Legal matters/994

Government of Goa is pleased to appoint the

following Additional Government Advocates to

appear and defend the interest of the Goa Real

Estate Regulatory Authority in the matters before

the Hon’ble High Court of Bombay at Goa, Panaji

and before the Appellate Authority (Administrative

Tribunal) with immediate effect and until further

orders:

Sr.

Name of the

Designation

No.

Advocate

1. Adv. Deep Shirodkar

Additional Government

Advocate.

2. Adv. Ankita Kamat

Additional Government

Advocate.

3. Adv. Maria Simone

Additional Government

Judth Correia

Advocate.

4. Adv. Shivadatta P.

Additional Government

Munj

Advocate.

The allotment of cases before the Hon’ble High

Court of Bombay at Goa and the Appellate

Authority (Administrative Tribunal) for defending

the interest of Goa Real Estate Regulatory Authority

will be assigned to the Advocates on a case to

case basis by Goa Real Estate Regulatory

Authority.

The Advocates shall be paid fees as per the

existing terms and conditions laid down by the

Government vide Order No. 1/19/2015/LD (Estt.)/

/150

dated

18-01-2016

and

subsequent

Corrigendum No. 1/19/2015/LD(Estt.)/1887 dated

25-10-2016.

The expenditure shall be met from the Goa Real

Estate Regulatory Authority funds.

This is issued with the approval of Government.

Gurudas P. Pilarnekar, Director (Urban

Development).

Panaji, 30th June, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 15

8TH JULY, 2021

321

Department of Water Resources

Office of the Chief Engineer

—

Order

No. 3/25-5/87/WR/Adm. I/322

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 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

Present designation and

Designation and place of

Remarks

No.

promotee

place of posting

posting on promotion

Shri Ashok Mukund

Junior Engineer, O/o the Assistant Asst. Surveyor of Works, O/o

Promotion.

Harmalkar

Engineer, SD I, WD I, WRD,

the Superintending Engineer,

Porvorim

CPO, WRD, Porvorim

Shri Agnelo

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

Promotion.

Fernandes

Engineer, SD III, WD IX, WRD,

Assistant Engineer, SD III,

Margao

WD X, WRD, Quepem

It is also proposed to transfer the below mentioned Assistant Engineer/Assistant Surveyor of Works

(Civil) in WRD in view of the above posting of the promoted officers in Water Resources Department.

Sr.

Name of the officer

Present designation and

Designation and place of

No.

place of posting

posting on transfer

Shri Sagar Gaonkar

Assistant Engineer, O/o the Assistant Assistant Engineer, O/o the

Engineer, SD II, WD IX, WRD,

Assistant Engineer, SD IV, WD XII,

Dharbandora

WRD, Margao with additional

charge of O/o the Assistant

Engineer, SD II, WD IX, WRD,

Dharbandora.

Shri Gorkha Nain

Assistant Engineer, O/o the

Singh

Assistant Engineer, SD I, WD XII,

Assistant Engineer, SD I,

WRD, Sanguem

WD XIV, WRD, Quepem.

The promoted Officers at Serial No. 1 and 2 shall be on probation for a period of two years as specified

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

Series 1 No. 28 dated 11-10-2001.

This is issued vide Government approval No. 3758/F dated 23-06-2021.

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

Pramod B. Badami, Chief Engineer & ex officio Addl. Secretary (WR).

Porvorim, 30th June, 2021.

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