Panaji, 22nd July, 2021 (Asadha 31, 1943)

SERIES II No. 17

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Animal Husbandry &

Veterinary Services

—

Order

No. 2/13/95-AH (Part)/2021-22/1740

On the recommendations of the Goa Public

Service Commission, as conveyed under letter

No. COM/II/11/3(2)/2014/116 dated 19-06-2019,

Government is pleased to promote the following

Officers to the post of Assistant Director,

Group “A” Gazetted on “Officiating Basis” in the

Directorate of Animal Husbandry & Veterinary

Services, Panaji, in Level 10 of the Pay Matrix plus

other admissible allowances with immediate

effect.

Sr.

Name of the

Place of posting

No.

officer

1. Dr. Narendra R. Naik

Veterinary Hospital,

Honda, Sattari.

2. Dr. Atanazia Terezinha

Government Livestock

Fernandes

Farm, Dhat and Fodder

Seed Production Farm,

Kalay.

3. Dr. Tushar A. Gaunekar

Stockman Training

Centre, Curti-Ponda.

4. Dr. Anuradha Anant

Veterinary Dispensary,

Naik

Mandrem.

The above officers shall hold the post of

Assistant Director in the Directorate of Animal

Husbandry & Veterinary Services on “Officiating

Basis”.

The above officers holding post of Assistant

Director on Officiating basis shall not hold any

right against the post of Assistant Director and the

RNI No. GOAENG/2002/6410

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

349

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

service rendered as Assistant Director on

officiating basis will not be counted for further

promotion.

The Budget Head of Account from which they

shall draw their pay and allowances shall be issued

by the Director, Directorate of Animal Husbandry

& Veterinary Services, separately.

By order and in the name of the Governor of

Goa.

Dr. Agostinho Misquita, Director & ex officio

Joint Secretary (AH).

Panaji, 09th July, 2021.

———uuu———

Department of Co-operation

Office of the Registrar of Co-operative Societies

__

Order

No. 20/3/(25)/Elec/BOD/AMCH/CZ/RCS/20/895

Read: Letter No. 1/474/Elec/AMCH/ARCS/CZ/20/

/1392 dated 20-11-2020 received from the

Asstt. Registrar of Co-op. Societies, Central

Zone, Panaji-Goa to grant exemption of

Section 60(3)(b) in terms of Section 126A of

the Goa Co-operative Societies Act, 2001 to

Altess Manor Co-operative Housing Society

Ltd., Caranzalem, Taleigao-Goa.

In pursuance of the powers vested under Section

126A of the Goa Co-operative Societies Act, 2001,

the Government of Goa hereby exempts Altess

Manor Co-operative Housing Society Ltd.,

Caranzalem, Taleigao-Goa from the provisions of

Section 60(3)(b) of the Goa Co-operative Societies

Act, 2001 so as to enable Altess Manor Co-operative

Housing Society Ltd., Caranzalem, Taleigao-Goa to

constitute its full fledged Board of Directors.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

350

The exemption so granted shall be valid for a

period of one month or until the seven vacant posts

of the Board of Directors are duly filled in whichever

is earlier.

By order and in the name of the Governor of

Goa.

Arvind B. Khutkar, Registrar & ex officio Joint

Secretary (Co-op. Societies).

Panaji, 08th July, 2021.

———uuu———

Department of Education, Art & Culture

Directorate of Higher Education

__

Notification

No. ADMN/APPT./CHAIRMAN/GEDC/36/2018/2057

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

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

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

/GEDC/36/2018/5856 dated 27-02-2019.

3. Notification

No.

ADMN/APPT./

/CHAIRMAN/GEDC/36/2018/207 dated

22-04-2020.

4. Notification

No.

ADMN/APPT./

/CHAIRMAN/GEDC/36/2018/4107 dated

23-10-2020.

In exercise of the powers conferred under

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

Development Corporation Act, 2003 (Act No. 22 of

2003), and in supersession of orders read in

preamble, the Government of Goa is pleased to

re-constitute the Goa Education Development

Corporation with immediate effect as below:-

1. Shri Shripad @ Kanta K.

— Chairman.

Patnekar, r/o Housing Board,

Bicholim

2. Secretary (Higher Education),

— Director.

Government of Goa

3. Director (Higher Education),

— Director.

Government of Goa

4. Mr. Gorakh Mandrekar

— Director.

5. Shri Narsiha Bhattgaonkar

— Director.

6. Managing Director, GEDC

— Ex officio

Secretary.

By order and in the name of the Governor of

Goa.

Tushar T. Halarnakar, Under Secretary (Higher

Education).

Porvorim, 14th July, 2021.

Department of Finance

Directorate of Accounts

__

Addendum

No. DA/Admn/45-2/2021-22/TR-514/87

Read: Office order No. 1289 bearing No. DA/Admn/

/45-2/19-20/256/TR-2735 dated 10-02-2020.

In view of the recommendation of the Review

Departmental Promotion Committee meeting held

on 13-05-2021 to review the DPC meetings held on

07-02-2020 as conveyed by Goa Public Service

Commission vide letter No. COM/II/11/1(1)/2019/175

dated 18-05-2021, the following Para is inserted

above the last para in the above read order:-

“The newly promoted officers to the post of

Dy. Director of Accounts/Accounts Officer shall be

on probation for a period of two years from the date

of joining the post of Dy. Director of Accounts/

/Accounts Officer”.

The other contents of the order remain

unchanged.

By order and in the name of the Governor of

Goa.

Dilip K. Humraskar, Director & ex officio Joint

Secretary (Accounts).

Panaji, 02nd July, 2021.

———uuu———

Department of Forest

__

Memorandum

No. 4-4-2012/Seniority-FOR/308

Read:

O.M. No. 4/4/2012/Seniority-FOR/305 dated

08-06-2021.

The Seniority of Assistant Conservator of Forests

(Group ‘B’ Gazetted) in the Forest Department was

finalised vide Memorandum No. 4/4/2012/Seniority/

/FOR/494 dated 02-08-2018. A tentative Seniority

list of Assistant Conservator of Forests in the Forest

Department from Serial No. 13 onwards was

circulated and objection, if any, pertaining to the

seniority assigned to them were invited vide this

Department’s Memorandum of even number dated

08-06-2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

351

As no objections have been received from the Assistant Conservator of Forests in the Forest Department,

the Final seniority in the grade of Assistant Conservator of Forests (Group ‘B’ Gazetted) in the Forest

Department is hereby finalised as below:-

Sr.

Name of the

Date

Date of

Promote/

Remarks

No.

Officer

of birth

appointment

/Direct recruit

1

2

3

4

5

6

1.

Shri Anand S. Jadhav

11-05-1974

03-05-2012

D

2.

Shri Aniket P. Gaonkar

23-05-1988

03-05-2012

D

3.

Shri Nandakumar E. Parab

09-11-1975

03-05-2012

D

4.

Shri Vishal V. Surve

11-01-1981

03-05-2012

D

5.

Shri Amar A. Heblekar

18-08-1968

28-03-2016

P

6.

Shri Shrikrishna R. Prabhu

20-09-1962

29-03-2016

P

7.

Shri A.G. Samant

28-10-1961

29-03-2016

P

8.

Shri Deepak Pednekar

06-04-1970

06-04-2016

P

9.

Shri Damodar Prakash

01-10-1982

21-11-2017

D

Salelkar

10.

Kum. Cliffa D’Costa

18-04-1970

06-06-2019

P

11.

Shri Vishwas K. Chodankar

04-09-1968

06-06-2019

P

12.

Shri Jose Colaco (ST)

05-10-1966

06-06-2019

P

13.

Shri Paresh C. Porab

15-04-1974

31-08-2020

p

14.

Shri Dyaneshwar M.

08-03-1967

15-12-2020

P

Kudalkar (SC)

15.

Shri Minguel A. Fernandes (ST)

16-05-1973

15-12-2020

P

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

Isha M. Sawant, Under Secretary (Forest).

Porvorim, 21st June, 2021.

_________

Order

No. 4-2-2011/FOR/318

The Government of Goa is pleased to order posting and transfer of Assistant Conservator of Forests,

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

Sr.

Name of the Officers &

Present place

Transferred & posted as/

No.

Designation

of posting

/charge

1

2

3

4

1.

Shri Amar Heblekar, Assistant

Principal, Forest Research

Asst. Conservator of Forests,

Conservator of Forest

and Training Institute,

Legal Cell, Forests Department,

Valpoi-Goa

Altinho, Panaji-Goa.

2. Shri Vishwas Chodankar,

Assistant Conservator of Forest,

Principal, Forest Research

Assistant Conservator

Legal Cell, Forest Department

and Training Institute,

of Forest

Altinho, Panaji-Goa

Valpoi-Goa.

The above Officers shall draw their salary on their respective Budget Head.

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

Isha M. Sawant, Under Secretary (Forest).

Porvorim, 12th July, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

352

Department of Home

Home–General Division

—

Notification

No. HD(G)/45-59/575/66-Vol-III/2555

The Government of Goa is pleased to re-constitute

the Rajya Sainik Board, Goa with the following

composition:-

1. Hon’ble Chief Minister

— President/

/Chairman.

2. GOC-in-C, Southern Command, — Vice-

Pune

President.

3. FOC-in-C, Western Naval

— Vice-

Command, Mumbai

-President.

4. AOC-in-C, South Western Air

— Vice-

Command Ahmedabad

President.

5. Minister for Home

— Member.

6. Shri Pravin Zantye,

— Member.

MLA, Mayem

7. Chief Secretary

— Vice-

President.

8. Flag Officer Commanding,

— Member.

Goa area

9. Station Commander,

— Member.

Panaji, Goa

10. Director, Resettlement,

— Member.

Zone (South)

11. Director, General of Police

— Member.

12. Principal Secretary/Secretary

— Member.

(Home)

13. Secretary (Finance)

— Member.

14. Secretary (Education)

— Member.

15. Secretary (Information &

— Member.

Publicity)

16. Collector, North Goa, Panaji

— Member.

17. Collector, South Goa, Margao

— Member.

18. Additional Secretary (Personnel) — Member.

19. Additional Secretary (Home)

— Member.

20. Director of Sports & Youth

— Member.

Affairs

21. Director, Social Welfare

— Member.

22. Brig N H Branganza (Retd.)

— Non-official

Member.

23. Capt (IN) Tushar M. Valunjkar — Non-official

(Retd.)

Member.

24. Air Vice Mshl Giles Gomez

— Non-official

VSM (Retd.)

Member.

25. Ex-PO Anil Bondre

— Non-official

Member.

26. President, All Goa

— Non-official

Ex-Servicemen Welfare

Member.

Association

27. President, Air Force Associa-

— Non-official

tion, Goa

Member.

28. President, Goa Foundation

— Non-official

Member.

29. Dir. General Resettlement,

— Special

Ministry of Defence,

Invitee.

New Delhi

30. Secretary, Kendriya Sainik

— Special

Board, New Delhi

Invitee.

31. Secretary of Department

— Vice-

of Ex-Servicemen Welfare,

President.

Ministry of Defence, New Delhi

32. Secretary, Rajya Sainik Board

— Member

Secretary.

The function of the Board are specified below:-

i) Co-ordinating and administering the work of

Department of Sainik Welfare.

ii) Promoting measures relating to the welfare

of Ex-Servicemen and the families of serving

and deceased personnel.

iii) Disseminating information to the General

Public regarding the Armed Forces in the

Country and taking measures to encourage

the general public to take active interest in

the Armed Forces.

iv) Any other task the State Government may

assign from time to time.

The re-constituted Board shall hold office for a

period of 2 years, it shall meet every year.

The Non-Official Members will be entitled to

travelling allowances as per the rules.

This supercedes this Departments earlier

Notification No. HD(G)45-59/575/66-Vol-III/1853

dated 01-07-2019.

By order and in the name of the Governor of

Goa.

Eshant V. Sawant, Under Secretary (Home-II).

Porvorim, 12th July, 2021.

———uuu——

Department of Labour

__

Order

No. 24/3/87-Lab-Part-I (Vol-I)/ESI/309

Government is pleased to order the transfer and

posting of the following Insurance Medical Officers

in E.S.I. Scheme, under Office of Commissioner

Labour & Employment, in public interest, with

immediate effect as under:

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

353

Sr.

Name of the

Present place

Place of posting

No.

Insurance

of posting

on transfer

Medical Officer/

/Doctor

1. Dr. Pavitra

ESI Dispensary,

ESI Hospital,

Deshprabhu

Mapusa

Margao.

2. Dr. Reshma

ESI Dispensary,

ESI Hospital,

Hiremath

Mapusa

Margao.

This order shall come into force with immediate

effect.

By order and in the name of the Governor of

Goa.

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

Porvorim, 06th July, 2021.

________

Notification

No. 28/2/2021-LAB/282

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

18-05-2021 in Ref. No. IT/35/10 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.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

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

Officer)

Ref. No. IT/35/10

Mrs. Radhika Sawant &

2 Others,

Rep. by Gomantak Mazdoor

Sangh,Tisk, Ponda,

Goa-403115

… Workmen/Party I

V/s

M/s. Godrej and Boyce

Manufacturing Co. Ltd.,

(Cartini India Limited),

D-2, 38/39,

Tivim Industrial Estate,

Karaswada,

Mapusa-Goa 403404.

… Employer/Party II

Workmen/Party I represented by Adv. Shri S. P.

Gaonkar.

Employer/Party II represented by Adv. Shri Valmiki

Menezes.

AWARD

(Delivered on this the 18th day of the month

of May of the year 2021)

By order dated 19-11-2010, bearing No. 28/41/

/2010-LAB, the Government of Goa in exercise of

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

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

referred the dispute for adjudication to the

Industrial Tribunal, Goa as under:

(1) Whether the action of the Management of

M/s Cartini India Limited, Thivim Industrial

Estate, Karaswada, Mapusa, Goa in

dismissing its workpersons Mrs. Radhika

Sawant, Ms. Nutan Vaigankar and Mrs.

Mahananda Halankar, with effect from

08-02-2010 from 08-02-2010, is legal and

justified?

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

to?”

2. Upon receipt of the reference, it was registered

as IT/35/10 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a claim statement at Exhibit 5 and

Party II filed a written statement at Exhibit 6.

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

workmen were regular employees of Party II and

had put in a considerable and unblemished service

over the years. There are more than fifty permanent

workmen and 20-25 temporary workmen working

in the establishment. The Party I workmen although

were working since last 10-15 years, were not paid

even minimum wages and hence the workers had

raised a charter of demands for revision of their

earned wages and improvement in other service

conditions. Mrs. Mahananda Halankar is the office

bearer of the local committee of Gomantak Mazdoor

Sangh and is representing the said workers of the

Party II. The management of the Party-II was

adamant hence, the workers through their union

raised a dispute before the office of the Labour

Commissioner and on receipt of the said

communication, the Director, Mr. James Kurian got

furious and annoyed and started harassing the

workers at the factory and hence Union had lodged

a complaint against the said management before

the appropriate Authority.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

354

4. Due to the above complaint, the Management

was against the Union and started harassing the

active workers of the union and also started

fabricating false cases against them for the purpose

of victimization, with the help of temporary workers.

The three workmen in this reference were active

in furthering better conditions for workers through

the Gomantak Mazdoor Sangh which irked the

Party-II to a great extent. The ill-will against the

Party I workpersons had increased to such an

extent that the Party II had framed false cases

against them, in order to fuel their decision to

dismiss them. Most of the workers were females

and they were forced to work standing

continuously for eight hours. The personal minor

arguments between the female workers outside

the factory premises on the National High way,

was fabricated and converted as misconduct by

forcing the temporary workman to lodge false and

fabricated case against the local committee and

active members of the Union and a false complaint

was lodged by the Director, Mr. James Kurian on

next day by taking the said girl to the Mapusa

Police station by using his personnel influence and

based on the false and fabricated case, charge sheet

dated 25-08-2008 was issued to the above three

workmen, which stated that they were being

charged under the misconducts as per the Model

Standing Orders of the Industrial Employment

(Standing Orders) Act, 1946.

5. The Charge sheets were issued by Mr. James

Kurian, the Director of the Party-II on the basis of

a complaint obtained by him from one temporary

workman, Ms. Sarita Naik and as per the Party-II it

was alleged that the three workmen/Party-I

assaulted Ms. Sarita Naik, who was a temporary

workmen near the factory gate. It was also

mentioned that the Party I used abusive and filthy

language and threatened Ms. Sarita Naik and that

after the verbal threat the Party 1 collectively

manhandled Ms. Sarita Naik, brutally beat her up,

and then threw itching powder on her; and even

tried to strip off her clothes and when called by

the Director, Mr. James Kurian the Party I refused

to accept their suspension letters; summoned all

other workmen in the cabin; started shouting

slogans and using abusive language, gheraoed all

officers in the cabin; and restrained officers from

leaving the premises. The workpersons then replied

to the charge sheet vide their individual letters

dated 08-09-2008 vehemently denying each and

every charge. The Party II then proceeded with the

enquiry of the Party 1/Workpersons. The Party I

also had satisfactorily showed through evidence

that the charges levied against them were

unjustified and false. The Inquiry Officer gave his

findings whereby it was held that the three

workmen/Party-I were guilty of the misconducts

alleged against them and the charges against them

were proved. Based on the findings of the Enquiry

officer, the Party II informed the three workmen

that they have decided to impose a punishment

and asked them to submit their reply to the same.

6. The Party I explained that the inquiry was

proceeded without considering relevant evidence

and the findings were biased. The Party II issued

the Order of Dismissal of the Party I. The Party I

then through its Union, Gomantak Mazdoor Sangh

raised a dispute before the Asst. Labour

Commissioner asking him to intervene in the said

matter of illegal dismissal. The matter was admitted

in conciliation which ended in a failure on

18-06-2010 before the Asst. Labour Commissioner,

Mapusa, who then made a failure report to the

Government of Goa. The Appropriate Government

then referred the dispute to the Hon’ble Tribunal.

The order of dismissal dated 08-02-2010 is illegal,

unjustified, and violative of principles of natural

justice and suffers from errors apparent on the face

of the record. The Disciplinary Authority failed to

consider long past service put in by the Party I.

The whole inquiry is vitiated as Mr. James Kurian,

the Director of the Party-II who was the Deciding

Authority and had issued the Order of Dismissal,

has also deposed as a witness in the inquiry. The

Management has acted in a biased manner with a

malafide intention of dismissing the Party I on

account of their affiliation to the Union, Gomantak

Mazdoor Sangh. The Party I/workpersons are

therefore entitled for the reliefs claimed. Hence,

the dispute.

7. In the written statement, the Party II has

claimed that the price of brass which is the main

raw material for manufacture of product has shot

up exponentially, consequently requiring the

Party II to procure this raw material at an extremely

high price and the profit margins on the same are

extremely thin and that the Party II is required to

maintain proper security of the brass stored in the

factory premises at Karaswada as brass is a high

value raw material. The plot wherein the factory is

situated, there exists two entrances/gates along

the western boundary of the plot and towards the

South Eastern Corner of the plot, there exists the

Main Gate to the Factory Premises, next to which

lies the Office Building. The value of the machinery

presently installed at or around the factory

premises within the said plot and building, raw

material and finished goods, stock etc. is

approximately valued One Crore Twenty Lacs Only,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

355

which, if damaged during a riot or by any striking

or indisciplined workers, would be the loss caused

to Party II. The workmen concerned in the present

dispute had been in employment with the Party II

having joined its service between about July, 1997

and 1999. The Party II had engaged the services of

over 20 temporary and contract workers for the

purpose. It was informed that the permanent

employees working in the said factory had joined

the Union. The Party II received a notice from the

Asst. Labour Commissioner, Panaji requesting the

Party II to participate in discussions on the said

demands of the Party I on behalf of the permanent

workforce of the Party II.

8. The Party II through its Manager/Director

appeared before the Asst. Labour Commissioner

on various dates, the last of which was held on

12-8-2008 when the conciliation proceedings ended

in a failure as the Party I refused to budge from its

unreasonable demands. In the meantime on

26-7-2008, the Management was informed by one

of its temporary workers named Ms. Sarita Arjun

Naik that she had been assaulted just outside the

factory main gate by the workers concerned in the

present dispute, soon after close of work at about

5.15 p.m. The said three workmen were directly

interfering with the temporary worker of the factory,

and threatening the said workman with dire

consequences, if she reported for work, and further,

since the threats by the workmen were issued in

order to disrupt normal work at the factory through

any temporary or contract workers, the Party I

decided to suspend the said three workmen,

pending an inquiry into the incident and when

they attempted to serve the Order of Suspension

from service on the said three workers at the Factory

Premises, the said workers refused to sign in

acknowledgement of receipt of the suspension

orders, nor would they accept the same and

thereafter, the said workers began insulting Shri

James Kurian, and the above referred staff with

filthy language and used abuses and went on to

the shop floor of the factory and incited the workers

working there by calling upon them to strike work;

thereafter, the workmen concerned in the present

dispute along with several other workers forced

entry into the factory office as well as the cabin of

Mr. James Kurian.

9. The group of workers was led by the workmen

concerned in the present dispute, who threatened

all the staff in the office and the managers with

physical assault and informed them that they

would not allow to leave the factory premises.

Police was called fearing that the machinery,

equipment and factory premises would be

vulnerable to damage. However, the workmen,

along with more than 20 other workers refused to

leave the factory and blocked the exit of the staff,

management and some willing workers, through

the main gate. On 21-8-2008, the permanent

workers who are members of the Party I assembled

at the main factory gate at about 8.00 a.m. before

their shift commenced and they blocked ingress

and egress through the said main gate, as a result

of which, it became impossible to commence its

operation in the factory. The workers were using

abusive language and physically obstructing

people moving freely into or out from of the said

factory gate. They were also shouting slogan.

Similarly, no vehicular traffic including trucks with

supplies of raw material or any other vehicles were

allowed into or out of the factory thereby

completely paralyzing the factory causing the

Party II huge monetary loses. The workers

continued picketing at the factory gate blocking

entry or exit through the said gate and also

threatened employees of the Party II as also contract

employees. The entire incident of the blockage of

the factory gate was filmed by Shri Atmaram

Toraskar, Diploma Engineer Trainee, which was

then transferred to a compact disc. The Party II

filed a Civil Suit before the Civil Judge Senior

Division, Mapusa bearing No. RCS 139/08/A,

praying for an order of injunction to restrain the

striking workers from interfering with the entry

and egress of staff and goods to the factory. After

the workmen refused to accept the order of

suspension on 20-8-2008, Party II served said order

to the concerned workmen through registered post,

which was received by the said workmen.

10. Party II thereafter served a charge sheet

dated 25-8-2008 an each of the above referred

workmen. They were called upon to submit their

explanation to the charges levelled against them

and submitted their replies dated 8-9-2008

attempting to explain their acts of misconduct by

merely denying the incidents. The Enquiry Officer

was appointed. The workmen had fully participated

in the inquiry and the Enquiry Officer concluded

that all three charges levelled against the workmen

have been proved and held them guilty of the same.

The management considered and accepted the

findings and concurred with the same, and had

decided to impose a punishment for the

misconducts committed by the workmen,

thereupon, calling upon them to show cause as to

why punishment should not be imposed upon them

for the said misconducts and after considering the

contents of the said replies of the workmen to the

show cause notice, and after considering the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

356

Enquiry Report/Findings of the Enquiry Officer, and

the past records of the workmen, the management

decided to terminate the services of the above

referred three workmen vide Order of Dismissal

dated 8-2-2010 for the charges of misconduct. The

Party I workpersons are not entitled for any reliefs.

11. In the rejoinder at Exh. 7, the Party I has

denied the case set up by the Party II in the written

statement.

12. Issues which came to be framed at Exhibit 8

are as follows:

1. Whether the Party I/Union proves that the

enquiry was unjust, illegal and in violation

of principles of natural justice?

2. Whether the charges leveled against the

Party I/Workman are proved to the

satisfaction of the Tribunal?

3. Whether the Party I/Union proves that the

termination of the Party I workmen is illegal,

unjustified and by way of victimization?

4. What Relief? What Order?

13. In the course of evidence, the Party II

examined Shri James Kurian as their witness and

produced on record copies of three orders of

dismissal letter dated 08-02-2010 at Exh. 51 Colly,

copies of three replies dated 02-02-2010 of Party I

along with postal receipts at Exh. 52 Colly, copies

of three letters dated 28-01-2010 of Party II along

with certificate of posting to Party I at 53 Colly,

copies of three letters dated 27-01-2010 of Party I

along with postal receipts at Exh. 54 Colly, copies

of three notice dated 19-01-2010 of Party II along

with certificate of posting at Exh. 55 Colly, copy of

findings of Enquiry Officer dated 28-12-2009 at

Exh. 56, copy of record of enquiry proceedings

dated 25-08-2008 at Exh. 57, copy of letter of

appointment of the Enquiry Officer dated

09-09-2008 at Exh. 58, copy of letter of appointment

of the Management Representative dated

15-10-2008 at Exh. 59, copies of three notice of

enquiry dated 18-09-2008 to the Party I at Exh. 60

Colly, copies of three explanation to charge-sheet

dated 08-09-2008 of Party I at Exh. 61 Colly, copies

of three charge-sheets dated 25-08-2008 to Party I

at Exh. 62 Colly, copy of letter dated 28-08-2008 to

Police Inspector at Exh. 63, copy of letter dated

21-08-2008 to Police Inspector at Exh. 64, copy of

letter dated 20-08-2008 to Police Inspector at Exh.

65, copy of letter dated 17-07-2008 to Police

Inspector at Exh. 66, copies of three letters dated

21-08-2008 to Party I at Exh. 67 Colly, copies of three

suspension

orders

dated

20-08-2008

at

Exh. 68 Colly, copy of complaint dated 19-08-2008

of Sarita Naik at Exh. 69, copies of two N.C.

complaints dated 18-08-2008 and 26-07-2008 at

Exh. 70 Colly, copy of conciliation proceedings

dated 18-07-2008 at Exh. 71, copy of notice dated

28-04-2008 for conciliation at Exh. 72, copy of notice

dated 23-08-2008 to Police Inspector at Exh. 73,

copy of notice dated 22-08-2008 to Police Inspector

at Exh. 74, copy of notice dated 21-08-2008 to Police

Inspector at Exh. 75, copy of notice dated

20-08-2008 to Police Inspector at Exh. 76, copy of

notice dated 17-07-2008 to Police Inspector at

Exh. 77, copy of notice dated 01-09-2008 to Police

Inspector at Exh. 78, copy of notice dated

30-08-2008 to Police Inspector at Exh. 79, copy of

notice dated 29-08-2008 to Police Inspector at

Exh. 80, copy of notice dated 28-08-2008 to Police

Inspector at Exh. 81, copy of notice dated

27-08-2008 to Police Inspector at Exh. 82, copy of

notice dated 26-08-2008 to Police Inspector at

Exh. 83, copy of notice dated 25-08-2008 to Police

Inspector at Exh. 84, copy of letter dated

27-01-2009 to Mrs. Mahananda along with

certificate of posting at Exh. 85 Colly, copies of

three letters dated 17-01-2009 of Party I at Exh. 86

Colly, copy of letter dated 20-12-2008 to

Mrs. Mahananda at Exh. 87, copy of letter dated

16-12-2008 of Party I at Exh. 88, copy of letter dated

05-12-2008 by Party II to the Enquiry Officer at

Exh. 89, copy of letter dated 24-11-2008 of Party I

to Party II at Exh. 90, copies of three daily output

sheets of July and August, 2008 of Ms. Sarita Naik

at Exh. 91 Colly, copy of letter dated Nil of Party I

to Party II along with certificate of posting and

postal receipt at Exh. 92 Colly, copy of daily output

sheets of July and August, 2008 of Party I at

Exh. 93 Colly, copy of Minutes of conciliation

proceedings dated 18-07-2008 between the Union

(GMS) and Party II at Exh. 94, a copy of

Memorandum of Settlement dated 14-11-2009 at

Exh. 95, copy of Award dated 14-11-2009 in Lok

Adalat along with Memorandum dated 14-11-2009

at Exh. 96 Colly, copy of plaint in RCS No. 139/2008

between Party II and the Union and Ors. at Exh. 97,

copy of proceeding sheets of SDO, Mapusa along

with annexures at Exh. 98 Colly, copy of Muster

Roll for August, September and October, 2008 at

Exh. 99 Colly, copy of Power of Attorney dated

04-09-2008 at Exh. 102, a copy of Special Power of

Attorney dated 07-10-2016 at Exh. 103, a copy of

Board Resolution dated 21-01-2021 at Exh. 104.

Party II also examined its witness Shri Gajendra

Parab and produced on record a CD along with

certificate u/s 65-B of the Indian Evidence Act at

Exh. 109 Colly. Party also examined its witness,

Ms. Patsy Rita Correia and Shri Atmaram Toraskar

as its witness and produced on record copy of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

357

certificate u/s 65-B of Indian Evidence Act at

Exh. 114, and also examined Shri Anand Karapurkar

and Sarita Naik. On the other hand, no witnesses

were examined by the Party I workmen, who

claimed that they are relying on the evidence

already led by them at the time of preliminary

issues. The Party I had examined Mrs. Radhika

Sawant as their witness and produced on record a

copy of joining letter dated 28-05-2006 at Exh. 11,

a copy of letter dated 05-06-2006 of formation of

Union at Exh. 12, a copy of letter dated 05-06-2006

informing newly elected committee members at

Exh. 13, a copy of dated 04-03-2010 at Exh. 14, a

copy letter dated 19-05-2010 at Exh. 15, a copy of

minutes of conciliation proceedings dated

18-06-2010 at Exh. 16, a copy of failure report dated

13-08-2010 at Exh. 17, a copy of three charge-sheets

dated 25-08-2008 at Exh. 18, Exh. 19 and Exh. 20, a

copy of explanation to the charge-sheet dated

08-09-2008 at Exh. 21 and Exh. 22, copy of findings

dated 19-01-2010 (3 in Nos.) at Exh. 23 Colly, a copy

of explanations dated 02-02-2010 to the show cause

notice dated 19-01-2010 at Exh. 24, Exh. 25 and

Exh. 26, a copy of Orders of Dismissal dated

08-02-2010 at Exh. 27 and 28, copy of three

explanation letters dated 16-02-2010 at Exh. 29,

Exh. 30 and Exh. 31.

14.

Heard

arguments

through

video

conferencing. Notes of written arguments came to

be placed on record by the Party I as well as

Party II.

15. My answers to the above issues are as

follows:

Issue No. 1

…

In the Affirmative

(Already answered).

Issue No. 2

…

In the Affirmative.

Issue No. 3

…

In the Negative.

Issue No. 4

…

As per final order.

REASONS

Issue No. 1:

16. It is a matter of record that my Learned

Predecessor had answered the above issue on

18-1-2013 in the affirmative as it was held that the

domestic enquiry held against the workmen is

unjust, illegal and in violation of principles of

natural justice and as such the enquiry was set

aside. The Party II preferred a Writ Petition before

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

was pleased to dismiss the Petition on 27-4-2020

with a direction to the Tribunal to endeavour to

decide the reference, as expeditiously as possible,

preferably within a period of one year, from the

expiry of the eight weeks, if the normal Court/

/Tribunal working is restored. Needless to mention,

the Party II was afforded an opportunity to lead

evidence before the Tribunal to establish the

charges as levelled and to lead such evidence, if so

advised and accordingly, the Party II led evidence

as stated above.

Issue No. 2:

17. Learned Advocate Shri S. P. Gaonkar for the

Party I has submitted that following charges have

been framed against the Party I workman as per

exhibit 62 Colly namely (1) Assault and abuse of

Sarita Naik on 18-8-2008 near the factory gate

(2) Refusal to accept suspension order given by

James Kurian (3) Slogan shouting, using abusive

language and gheraoing all the officers in his cabin

and (4) Several other officers were prevented from

leaving the factory premises by blocking the gate.

He submitted that none of these charges are made

out on the basis of evidence led before the Tribunal.

The charges made against Party I workpersons on

the basis of alleged incident are false as Sarita

Naik was not present in the factory on 18-8-2008

and further the charges are not maintainable as

incident occurred outside the factory premises on

the national highway which was purely of a

personal nature not connected with the affairs of

the company and the same should have been

investigated by the police and not by the employer.

The misconducts enumerated in the Model

Standing Orders cannot be given any liberal

interpretation since the standing orders are penal

in nature which deserves strict interpretation.

Besides, Sarita Naik has admitted that when in the

factory she would sign in the column of employee’s

signature on the Daily output sheet, however on

the day of incident the signature of Sarita Naik is

missing and therefore the credibility of the

complaint itself from which the charge sheet

originated is questionable. The Party II has not

established that act of Party I workpersons had

directly interfered with the production and

functioning of the factory as Daily output sheets of

all the workmen had not been produced.

18. Learned Adv. Shri S. P. Gaonkar has further

submitted that the incident of 20-8-2008 as alleged

in the charge sheet has also not been made out as

all the witnesses examined were directly reporting

to Mr. James Kurian and therefore there is a

likelihood that the statements of said persons have

been controlled and influenced by said James

Kurian. The Party II had also not examined any

security guard posted at the plant to prove the

incident. He also submitted that the incident of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

358

21-8-2008 regarding the workmen alleged

involvement in picketing at the factory gate and

threatening one Dilip D. Narvekar cannot be relied

upon as a ground for dismissal as there is no

mention of the alleged incident in the charge sheet

at Exh. 62 colly. He further submitted that in the

case of the Workmen of India Cements Limited

v/s Labour Court, Coimbatore, 1988 SCC Online

Mad 245 it was held that in a case of domestic

enquiry, the parties are confined to charges framed

and the Court or the Enquiry officer as the case

may be, cannot travel outside the charges, admit

evidence or give any findings in respect of any

matter extraneous to the charge and therefore the

alleged misconducts under Model Standing Orders

are not made out and any action taken against the

Party I workmen on the basis of the charge sheet

is illegal. He also stated relying upon the case of

Neeta Kaplish v/s Presiding Officer, Labour Court,

(1999) 1 SCC 517 that the Party II has not led any

fresh evidence on merits and if Management has

not led fresh evidence on merits, the management

has to suffer the consequences.

19. Per contra, Learned Adv. Shri Valmiki

Menezes for the Party II has submitted that there

is no evidence led by the Party 1 workpersons

refuting the allegations in the charge sheet or the

evidence now led by six eyewitnesses to the two

incidents that the workpersons are charged of and

therefore the entire matter will have to be viewed

in the complete absence of evidence by the three

workers on the specific allegation in the charge

sheet and refuting the evidence of eye witnesses

accounts nor on the question of victimization raised

by the workers in the written statement. He further

submitted that in the case of Workman v/s Motipur

Sugar Factory Private Limited, AIR 1965 SC 1803,

the Hon’ble Apex Court has held that the entire

matter would be open before the Tribunal, if the

domestic enquiry has been set aside and the

employer would have to justify on facts as well as

that its order of dismissal or discharge was proper.

He further submitted that in the case of Workmen

of F. T and R Company v/s Management of

Firestone Tyre and Rubber Company Limited,

AIR 1973 SC 1227, the Hon’ble Apex Court has

held that powers of Tribunal under Section 11-A of

the Act permit the employer to adduce evidence

to justify its action for the first time before the

Tribunal and the Tribunal is empowered to consider

the evidence and to conclude based upon the same

whether the termination of the workman was

justified and that provisions of Section 11-A also

empower the Tribunal to modify the punishment

for misconduct, if it is justified.

20. Admittedly, three charges have been framed

vide the charge sheet dated 25-8-2008 at exhibit

62 colly, namely misconduct No. 14(3)(h), riotous or

disorderly behaviour during working hours at the

establishment or any act subversive of discipline,

(b) misconduct No. 14(3)(a), wilful insubordination

or disobedience whether alone or in combination

with others to any lawful and reasonable orders of

the superior and (c) Misconduct No. 14(3)(k), striking

work or inviting others to strike work in

contravention of any law or rule having the force

of law. Discernibly, the following charges have been

slapped against the workmen, namely (a) Assault

and abuse of Sarita Naik on 18-8-2008 near the

factory gate, (b) Refusal to accept suspension order

given by James Kurian (c) Slogan shouting, using

abusive language and gheraoing all the officers in

the cabin of James Kurian and (d) Other officers

were prevented from leaving the factory premises

by blocking the gate.

21. It is therefore apposite to find out whether

the Party II have proved the above charges against

the workmen as alleged by them as per the

evidence adduced before the Court. The first

charge as per the charge sheet is (a) Assault and

abuse of Sarita Naik on 18-8-2008 near the factory

gate.

22. It is the case of the Party II/employer that the

Party I/ three workpersons on 18-8-2008 assaulted

Sarita Naik near the factory Gate who was the

temporary worker, using abusive language

threatening her that if she resumes work at the

factory of Party II, she would face dire

consequences. The Party II examined said Sarita

who has deposed that 18-8-2008 after finishing her

duty at the factory in the evening and as she came

out of the factory Gate, the Party I workpersons

gheraoed her and pulled her dupatta and threw it

on the road and that they threatened her to

withdraw the police complaint of 26-7-2008 and to

stop coming for work at the factory and that the

Party I/workpersons then started beating her and

she fell down on the road and they kicked her and

continued beating her while she was lying on the

road after which she fainted. The police came to

the spot and took her to the hospital, at Mapusa

where doctor treated her and issued a hurt

certificate and that on the same day, the police

took down her complaint regarding the incident.

She also claimed that on the next day, James Kurian

came to her residence enquired with her about the

previous incident with the three workers and she

narrated him the incident in detail and also gave

him the copy of the complaints dated 26-7-2008

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

359

and 18-8-2008 and also gave him a letter dated

19-8-2008 signed by her narrating all the incident

and requested him to take action against the said

three workpersons. In the cross examination, she

stated that she used to assemble the locks and

that she left the job in August, 2008 and did not

join any company thereafter. When shown Daily

output sheets at Exh. 91 colly, she admitted

signature in the column employee’s signature and

admitted that she used to sign Daily output sheet

everyday. She also admitted that the above bus

stop is always crowded at the time of leaving and

that on 18-8-2008 after completing her shift, she

went directly to the bus stop. She has not been

shaken in the cross examination regarding the

incidents. She has deposed in detail about the

incident of 18-8-2008 occurred just outside the

factory gate. She also narrated about the previous

incident on 25-7-2008 within the factory premises,

after which on 18-8-2008 she was abused and

threatened near the factory gate and told her not

to report for duty.

23. Exh. 70 Colly (2) is the N. C. complaint lodged

by Sarita Naik before Mapusa Police Station with

respect to the previous incident on 25-7-2008

wherein she was abused by Radhika and Nutan.

Exh. 70 Colly (1) is the N. C complaint lodged by

her with respect to the second incident on

18-8-2008 reported by her near Karaswada bus stop

wherein she was assaulted Exh. 69 is the complaint

addressed by her to the Party II disclosing the two

incidents and as to how she was abused and

assaulted by the Party I/workpersons. The Hurt

Certificate produced also shows that she was

referred by the police for medical examination

immediately after she lodged the complaint

regarding the incident, which also corroborates

that such an incident occurred. The examination

of Sarita Naik clearly indicates that the incident

took place at the bus stop outside the factory Gate.

She also explained prior incident of 25-7-2008

wherein she stated that at the washroom while

washing hands a rose which was kept on the basin

fell into the basin and Radhika who was present

asked her whether she was blind and she left the

factory soon thereafter and at the factory gate,

Radhika and Nutan were waiting for her and as

soon as she came out of the gate, they pushed her

and threatened her saying if she reports for duty

on the next day, they would assault her. She lodged

the N.C complaint as stated above. She also

categorically deposed regarding the incident on

18-8-2008 wherein she stated that when she came

out of the factory gate, she was gheraoed by the

Party I/workpersons and threatened to withdraw

the police complaint and stop coming for work and

also beat her and she fell on the road and they

kicked her and continued beating her while she

was on the road after which she fainted. There is

also a N.C complaint with respect to the incident.

The Hurt certificate also corroborates her case. She

also stated that she had not come back to work

after the incident which also indicates that the

assault was with the purpose of threatening the

temporary worker to desist from joining duties as

to force the management to fulfil their demands.

24. The witness of Party II, namely James Kurian

has stated in detail the background facts as to

why there were attempts of threats, assault etc.,

by the above workpersons who were representing

the Union. He also deposed that negotiations on

the Charter of demands were going on and the

above workpersons were attempting to disrupt

normal operations during that period by

threatening other workers from attending the

duties. The other witnesses namely, Gajendra Parab

and Atmaram Toraskar have also deposed about

the negotiations that were going on about the

Charter of demands of the Union and the temporary

workers were being threatened as a pressure

tactics not to come for attending their regular

duties. The above two incidents therefore assumes

importance as rightly submitted by Learned

Advocate Shri Valmiki Menezes. The incident on

the workperson, Sarita is not one of a private

dispute as claimed by Learned Advocate Shri S. P.

Gaonkar, but one which is directly connected with

the workers in the factory, with an aim of creating

ruckus and stopping production at the factory as

to put a pressure on the management during the

negotiations of the Charter of demands raised by

the Union. It is well settled in the case of Usha

Breco Mazdoor Sangh v/s Management of Usha

Breco Limited and Anr, (2008) 5 SCC 554 that

assault, intimidation are penal offences and a

workman indulging in commission of a criminal

offence should not be spared only because he

happens to be an union leader. The Act does not

encourage indiscipline as the union leader does

not enjoy immunity from being proceeded with in

a case of misconduct.

25. Needless to mention, the act complained of

by Sarita Naik took place outside the factory gate

but with an intention of pressurising the

workperson from attending the duties as stated by

her in her deposition. The Model Standing Orders

nowhere restricts misconduct of assault, abuses or

threats against the workman as required to take

place within the premises of the establishment or

its vicinity. The said act of assault and threats has

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

360

direct interference with the normal production and

discipline of the establishment. It is well settled in

the case of Glaxo Laboratories (I) Ltd. v/s

Presiding Officer (1984) 1 SCC 1 that even where

the Standing Orders refer to a misconduct of an

act subversive of discipline of good behaviour

within the premises or precincts of the

establishment, where the act is committed outside

the precincts or wherever committed, if it has the

effect of subverting discipline or good behaviour

within the precincts of the establishment, will

amount to a misconduct. It is therefore immaterial

as to whether the assault took place inside the

establishment or just outside its gate or the bus

stand abutting the factory premises as, in fact, the

assault was an act which had effect of subverting

discipline and good behaviour within the factory

premises. The contention of Learned Advocate Shri

S. P Gaonkar as stated above therefore pales into

insignificance as the evidence clearly points out

that Sarita Naik was present at the time of incident

and the incident narrated by her occurred. The

Party II therefore proved the misconduct

No. 14(3)(h), riotous or disorderly behaviour during

working hours at the establishment and any act

subversive of discipline as it has sufficiently shown

assault and abuse on Sarita Naik on 18-8-2008 near

the factory gate by the Party I workpersons.

26. The other misconducts are (b) misconduct

No. 14(3)(a), wilful insubordination or disobedience

whether alone or in combination with others to

any lawful and reasonable orders of the superior

and (c) Misconduct No. 14(3)(k), striking work or

inviting others to strike work in contravention of

any law or rule having the force of law, namely,

refusal to accept suspension order given by James

Kurian (c) Slogan shouting, using abusive language

and gheraoing all the officers in the cabin of James

Kurian and (d) Other officers were prevented from

leaving the factory premises by blocking the gate.

The incidents imputed in the Charge (b), (c) and

(d) above form part of one transaction between

4.30 pm and approximately 8 pm on 20-8-2008. The

first part of the incident was when James Kurian,

in the presence of Gajendra Parab, HR Manager

and Carol Narvekar, Deputy Manager, Accounts

attempted to serve a Suspension Order on the

Party I/workers in the Chamber of James Kurian at

4.30 pm.

27. The witness of Party II namely, James Kurian

has recounted the said incident on 20-8-2008 in his

Affidavit. He has stated that the workers involved

in the present dispute refused to sign in

acknowledgment of receipt of suspension orders

nor would they accept the same and thereafter the

said workpersons began insulting him and their

staff with filthy language and that thereafter they

thereafter went on to the shop floor of the factory

and incited the workers thereby calling them to

strike work and thereafter they along with other

workers forced entry into the factory office as well

in his cabin and threatened the staff with physical

assault and informed that they would not allow

them to leave the factory premises and on sensing

the situation and fearing that the machinery,

equipment and factory premises would be

vulnerable to damage, he called the police force to

the factory, however the above workpersons along

with other workers refused to leave the factory

and blocked the exit of the staff and other workers.

28. The above statement of James Kurian has

specifically corroborated by Gajendra Parab and

Patsy Correia. Gajendra Parab has stated that the

said workpersons refused to accept the orders of

suspension which was being served on them by

James Kurian in his office cabin after which the

said workers left the cabin, summoned other

workers from the shop floor, gheraoed the officers

and workers of the company and thereafter

restrained him and other officers including James

Kurian from leaving the office premises. The above

incident has not been denied by the Party I

workpersons. Ms. Patsy Correia also narrated the

said facts. She stated that when she was in the

Accounts office at around 4.30 pm on 20-8-2008,

she heard some lady workers shouting abuses from

the direction of the chamber of James Kurian and

thereafter heard same workers shouting in the

corridor outside their office and noticed the three

workers were walking outside the office of James

Kurian in a threatening manner along with other

workers and forced entry into factory office as well

as in the cabin of James Kurian.

29. Ms. Patsy, the then Accounts Officer also

deposed that the group was led by Party I/

/workpersons who threatened her and other staff

and informed them that they would not allow them

to leave the factory premises. In the cross

examination, she maintained that she was in the

factory office on the ground floor. She has not been

shaken as far as the incident is concerned.

Atmaram Toraskar, the Engineering Executive on

the Shop Floor also narrated the above incident in

detail. He claimed that on 20-8-2008, at 4.30 pm he

was at the shop floor, at which time the Party I/

/workpersons came to meet other workers on

various production lines and after some

conversation with them, suddenly, all the workers

from the shop floor left together in a large group

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

361

led by Party I workpersons and went to the cabin

of James Kurian and thereafter did not allow any

of the staff to leave factory premises till 6 pm. He

admitted that the shop floor and the cabin of James

Kurian are on the ground floor and can be seen

from the shop floor. He has thus corroborated the

incident. Similarly, Anand Karapurkar, then

employed as Deputy Manager (Production) has also

deposed that he was dealing with production and

spend most of the time on the shop floor and on

20-8-2008 at 4.30 pm, the Party I workpersons came

to meet other workers at the shop floor and after

some conversation with them, all of them suddenly

left and went to the cabin of James Kurian and

refused to allow James, Carol, and Gajendra to move

out of cabin. He admitted that he did not go inside

the cabin but stated that he could see them

through cabin glass door. Except for denials of the

statements of these witnesses, there is no

substantial cross examination on the actual

incident. The evidence of the above witnesses

clearly establishes the above misconducts on the

part of Party I/workpersons.

30. The explanation of the Party I workpersons

can be found in their reply which is produced at

Exhibit 61 colly which is a bare denial. Refusal to

accept a legitimate Order from the Management is

a misconduct and an act subversive of discipline.

The above charge comprises of the incident that

took place immediately after the workers left the

Chamber of James Kurian and returned to his

chamber with a large crowd of workers and

thereafter physically restrained the Management,

Staff and willing workers from leaving the factory

premises until after 7 pm as per the case of

Party II as well as the documents including Police

Complaints made to that effect along with a suit

filed by the Party II to restrain the workers at

Exhibit 97, and various other documents to

substantiate the incident. It is therefore the Party II

has sufficiently proved the commission of the above

misconducts by the Party I/three workers, during

the second part of the transaction from 4 pm

onwards on 20-8-2008. The incident of

21-8-2008 regarding the workmen alleged

involvement in picketing at the factory Gate and

threatening one Dilip D. Narvekar and reliance on

the CD to prove the said charge cannot be relied

upon as a ground for dismissal as rightly submitted

by Learned Adv. Shri S. P. Gaonkar for the Party I

as there is no mention of the alleged incident in

the charge sheet at Exh. 62 colly as it well settled

in the case of the Workmen of India Cements

Limited, supra that in a case of domestic enquiry,

the parties are confined to charges framed and the

court or the enquiry officer as the case may be,

cannot travel outside the charges, admit evidence

or give any findings in respect of any matter

extraneous to the charge and therefore the alleged

misconduct under Model Standing Orders is not

made out and any action taken against the

Party I workmen on the basis of the charge sheet

is illegal.

31. It is well settled in the case of Jay

Engineering Works Ltd. v/s State of West Bengal,

AIR 1968 Calcutta 407 that Gherao or a Physical

Blockade of the egress and ingress of a factory,

with a target to place Managerial Staff in a position

as to compel those in control of an industry to

submit to the demands of the workers, invariably

involves the commission of an offence. The

Judgment discusses all aspects of this method

adopted by workmen, to coerce the Management

and to pressurize it into accepting its demands by

means which are other than peaceful ones, like the

present case, as rightly submitted by Learned

Adv. Shri Valmiki Menezes for Party II. The

contention of Learned Adv. Shri S.P. Gaonkar and

reliance placed on the case of Neeta Kaplish, supra

cannot be accepted as in that case, no evidence

was led by the management, unlike in the present

case, where the management has led fresh

evidence before the Tribunal, which has not been

rebutted by the Party I workpersons. The Party II

has proved by way of oral as well as documentary

evidence the misconducts namely (b) misconduct

No. 14(3)(a), wilful insubordination or disobedience

whether alone or in combination with others to

any lawful and reasonable orders of the superior

and (c) Misconduct No. 14(3)(k), striking work or

inviting others to strike work in contravention of

any law or rule having the force of law, namely,

refusal to accept suspension order given by James

Kurian (c) Slogan shouting, using abusive language

and gheraoing all the officers in the cabin of James

Kurian and (d) Other officers were prevented from

leaving the factory premises by blocking the gate.

It is therefore the above issue is answered in the

affirmative.

Issue No. 3:

32. Learned Advocate S. P. Gaonkar for Party I

has submitted that the act of termination by the

Party II is a clear case of victimisation as it was on

account of their affiliation to the Union since they

were striving for better conditions through the

Union, and for this reason, the Employer/Party II

has falsely charged them with the misconduct for

an alleged act that occurred outside the premises

of the Party II which was purely of a personal nature,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

362

unconnected with the affairs of the Company. He

further submitted that although Ms. Sarita Naik

complained to the Management that on 18-08-2008

around 12 workmen were involved in the alleged

assault against her, the Employer Party II

maliciously issued suspension orders only against

these 3 workmen i.e. Party I to victimise them. The

depositions of all witnesses of Party II show that on

20-08-2008 after Mr. James Kurian attempted to

give the suspension orders, the Workmen/Party 1

along with 20 other workers refused to leave the

factory and blocked the exit of the staff,

management and some workers through main gate.

However, only Party I workmen were charge

sheeted which goes to prove the intention of

victimization of the Workmen/Party I by the

Employer/Party II.

33. Learned Advocate Shri S.P. Gaonkar has

further submitted that the very fact that Mr. James

Kurian deposed against Party I and that he himself

decided to dismiss them from their services clearly

establishes malafide intentions of the Employer/

/Party-II in fabricating the misconducts against the

Workmen/Party I and terminating their services

which clearly shows a case of bias and personal

vendetta against the Workmen. He relied upon the

case of Mohd. Yunus Khan v. State of UP & Ors

(2010) 10 SCC 539 and submitted that if a person

appears as a witness in disciplinary proceedings,

he cannot be an inquiry officer nor can he pass the

order of punishment as a disciplinary authority.

No person can be a Judge in his own cause and no

witness can certify that his own testimony is true.

Anyone who has personal interest in the

disciplinary proceedings must keep himself away

from such proceedings. The violation of the

principles of natural justice renders the order null

and void. He further submitted that while passing

this illegal dismissal order, the unblemished past

record and performance of the Party I/Workmen

had been ignored and this also makes the dismissal

order illegal and void. It is thus clear that the

orders of termination of the Party I/Workmen are

illegal, unjustified and by way of victimization.

34. Per Contra, Learned Advocate Shri Valmiki

Menezes has submitted and rightly so that the

plea of victimization is required to be substantiated

by evidence to be led by the workers and

victimization being the antithesis of proved

misconduct, requires evidence and facts to be

pleaded and proved. The workers having not led

any evidence in this regard, there is no past

incident or any specific act of victimization pleaded

or proved on the record. It is also well settled in a

case of Messrs Bharat Iron Works v/s Bhagubhai

Balubhai Patel and Ors, (1976) SCC 518 that the

onus of establishing a plea of victimisation will be

upon person pleading it and since a charge of

victimisation is a serious matter, they have to be

established by safe and sure evidence. Mere

allegations, vague suggestions and insinuations

are not enough. All particulars of the charge

brought out, if believed, must be weighed by the

Tribunal and a conclusion should be reached on a

totality of evidence produced. It is also well settled

that once a gross misconduct is established as

required, on legal evidence either in a fairly

conducted domestic enquiry or before the Tribunal

on merits, the plea of victimisation will not carry

the case of the employee any further. Also, in the

case of Ajit Kumar Nag v/s Indian Oil

Corporation Ltd., (2005) 7 SCC 764, the Hon’ble

Apex Court has held that the burden of proving

malafide is on the person making the allegations

and the burden is very heavy. There is every

presumption in favour of the administration that

the power has been exercised bonafide and in good

faith as it is to be remembered that the allegations

of malafide are often made easily than made out

and the very seriousness of such allegations

demands proof of a high degree of credibility.

35. Needless to mention, the Party II has proved

the misconducts as alleged against the Party I/

/workmen. It is proved that they had abused and

assaulted the temporary workperson, namely Sarita

Naik on 18-8-2008 near the factory gate and on

20-8-2008, when James Kurian attempted to serve

the suspension orders on the Party I/workpersons

in the presence of other officials, they refused to

accept the legitimate orders and thereafter left

and returned with a large crowd of workers and

physically restrained the management, staff and

other workers from leaving the factory premises.

There is no cross examination on the incident

narrated by the said witnesses. None of the

witnesses of Party I workmen who have been

examined during preliminary enquiry have stated

about the alleged bias or personal grudge. There

are also no sufficient pleadings regarding bias or

victimisation by the Officers of Party II Company.

The burden is on the Party I/workmen to prove

victimisation.

36. There is nothing on record that besides the

Party I/ workpersons, the other workmen have also

taken active part in the incident. There is nothing

on record that they were also responsible for the

said act. The case of Mohd. Yunus Khan, supra is

not applicable in the present case as the Party II

have established gross misconducts against the

workmen. The Tribunal would not have to consider

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

363

only whether there was a prima facie case but

would decide for itself on the evidence adduced

whether the charges have been really made out. In

any event, the Party I workmen have not established

any bias or victimisation on the part of Party II.

Even otherwise, once gross misconducts are

established before the Tribunal on merits, the plea

of bias or victimisation fails. The Party I/

/workpersons therefore failed to prove that the

termination of Party/workpersons is illegal,

unjustified and by way of victimisation. Hence,

Issue No. 3 is answered in the negative.

Issue No. 4:

37. Learned Advocate Shri S. P. Gaonkar has

submitted that the Hon’ble Tribunal would be fully

justified under Section 11-A of the Industrial

Disputes Act, 1947 in declaring the dismissal of all

workmen/Party I in the order of reference as illegal,

improper, unjustified and violative of principles of

natural justice as the Orders of dismissal were

ab-initio void and inoperative and hence the

Workmen/Party I continued to be in service with

all consequential benefits.

38. The next question would be whether the

Tribunal has the jurisdiction to interfere with the

punishment of termination of services imposed on

the

Party

I/workmen

and

under

what

circumstances such interference is justified. It is

well settled in the case of Davalsab Hussainsab

Mulla v/s North West Karnataka Road Transport

Corporation (2013)10 SCC 185 that under Section

11-A of the Industrial Disputes Act, discretionary

power to set aside punishment of discharge or

dismissal to be exercised judicially and judiciously

with care and caution and that such satisfaction

must be based on sound reasoning and cannot be

arrived at in a casual manner for flimsy reasons

and the Labour court has to assess gravity and

magnitude of misconduct found proved against the

employee concerned, his past conduct,

repercussions it would have in the event of

interference with the order of discharge or

dismissal in day-to-day functioning of the

establishment which would have far-reaching

effects on other workmen, etc. and that misplaced

sympathy would cause more harm to the

establishment than any good for the employee

concerned.

39. In the instant case, the Party I/workpersons

were involved in two separate incidents, the first

of threatening a temporary worker not to come to

work and directly committing an act subversive of

discipline. The second incident which is as serious,

whereby they have indulged in acts of criminal

restraint, intimidation, insult and threatened the

life of staff. All these incidents comprise offences

under the Indian Penal Code for which action was

sought from the Police. It is well established that

unless there are compelling circumstances or the

Tribunal is of the opinion that the punishment

meted out is far disproportionate to the acts of

misconduct, such that it shocks the conscience of

the Tribunal, it should not interfere with the

punishment imposed upon the workmen.

40. The Party II has fully justified the charges

levelled against the workers by cogent evidence

on all the incidents. There is total loss of confidence

in the said three workpersons who have committed

acts of gross misconducts and criminal offence

which do not deserve any sympathy. There are also

no mitigating circumstances to award any lesser

punishment on the workers than termination of

their services. The conduct of the Party I/

/workpersons towards the establishment as well

as its fellow employees and higher authorities was

highly condemnable and therefore there is

absolutely no scope for exercising the discretionary

powers vested in the Tribunal under Section 11-A

of the Act. The workmen have not led any evidence

on the state of employment or what attempts were

made by them to secure a job since their

termination. Hence, the above issue is answered

accordingly.

41. In the result, I pass the following:

ORDER

1. It is hereby held that the action of the

management of M/s. Cartini India Limited

(now, M/s. Godrej and Boyce Manufacturing

Company Limited), Tivim Industrial Estate,

Karaswada, Mapusa, Goa in dismissing its

workpersons, Mrs. Radhika Sawant,

Ms. Nutan Vaigankar and Mrs. Mahananda

Halankar with effect from 8-2-2010 is legal

and justified.

2. Consequently, the Party I/workpersons are

not entitled for any reliefs.

3. Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

364

Department of Law & Judiciary

Law (establishment) Division

__

Order

No. 1/7/2014-LD(Estt.)/1505

Government of Goa is pleased to appoint the

following advocates as Additional Government

Advocates to appear and defend the interest of the

State Government in the matters before the Hon’ble

High Court of Bombay at Goa, Panaji with immediate

effect and until further Orders.

Sr.

Name of the

Designation

No.

Advocate

1. Adv. Nehal Vernekar

Additional Govern-

ment Advocate.

2. Adv. Subham Priolkar

Additional Govern-

ment Advocate.

The above advocates will be attached to the

Office of the Ld. Advocate General, Altinho, Panaji-

Goa.

They 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, as applicable to

Government Advocates/Additional Government

Advocates and as amended from time to time, on

submission of bills (in duplicate) alongwith the

attendence certificate, issued by the Registrar of

the High Court of Bombay, Panaji-Goa. They shall

comply with the instructions contained in the

Government Circular No. 4-43-99/LD dated

04-05-2000. They will appear in those matters,

which would be allotted to them by the

Ld. Advocate General.

By order and in the name of the Governor of

Goa.

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

Porvorim, 09th July, 2021.

———uuu———

Department of Panchayats

Directorate of Panchayats

__

Notification

No. 26/25/DP/DPC/06/2021-22/4320

In exercise of the powers conferred by Section

239 of the Goa Panchayat Raj Act, 1994 (Goa Act 14

of 1994), and in supersession of the Government

Notification No. 26/25/DP/DPC/S/2012-13 dated

11-03-2016 published in the Official Gazette,

Series II No. 52 dated 26-03-2016, the Government

of Goa is pleased to re-constitute the District

Planning Committee for the North Goa District,

consisting of the following members and permanent

invitees, namely:-

North District Planning Committee:

1. Adhyaksha of North Goa Zilla — Ex-Officio

Panchayat

Chairperson.

2. Member of Parliament,

— Member.

North Goa

3. Mayor of the Corporation of

— Member.

the City of Panaji

4. Shri Shankar Anant

— Member.

Chodankar, Member of North

Goa Zilla Panchayat

5. Smt. Diksha Dilip Kanolkar,

— Member.

Member of North Goa Zilla

Panchayat

6. Shri Gopal Mahadev Surlakar,

— Member.

Member of North Goa Zilla

Panchayat

7. Shri Guirish Pundolica

— Member.

Uscoicar, Member of North Goa

Zilla Panchayat

8. Shri Rupesh Damodar Naik,

— Member.

Member of North Goa Zilla

Panchayat

9. Shri Dattaprasad Murari

— Member.

Dabolkar, Member of North Goa

Zilla Panchayat

10. Smt. Sanisha Satish Toraskar,

— Member.

Member of North Goa Zilla

Panchayat

11. Shri Siddesh Shripad Naik,

— Member.

Member of North Goa Zilla

Panchayat

12. Chairperson of Pernem

— Member.

Municipal Council

13. Chairperson of Mapusa

— Member.

Municipal Council

14. Chairperson of Bicholim

— Member.

Municipal Council

15. Chairperson of Sankhali

— Member.

Municipal Council

16. Chairperson of Valpoi

— Member.

Municipal Council

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

365

17. All Members of the Legislative — Permanent

Assembly of Goa whose

Invitees.

constituencies lie within

the North Goa District

The Chief Executive Officer of the North Goa

Zilla Panchayat shall be the Secretary of the District

Planning Committee for the North Goa District.

Duties and Responsibilities

1. Every Panchayat, Zilla Panchayat and

Municipal Councils falling within the area of North

Goa District, shall, at the beginning of every Five

Year Plan period, prepare a Five Year Plan and by

the end of January of every year, prepare an Annual

Plan and submit it to the said District Planning

Committee for the North Goa District.

2 The said District Planning Committee shall

consolidate the plans prepared by the Zilla

Panchayat, Panchayats and Municipal Councils in

the District and prepare a draft development plan

for the District as a whole.

The District Planning Committee for the North

Goa District shall, in preparing the draft

development plan –

a) Have regard to,

I. The matters of common interest between

the Zilla Panchayat, Panchayats and

Municipal Councils in the district including

special planning, sharing of water and other

physical and natural resources, the

integrated development of infrastructures

and environmental conservation;

II. The extent and type of available resources,

whether financial or otherwise;

b) Consult such institutions and organizations

as the Government may, by order, specify.

The Chairman of the District Planning

Committee for the North Goa District shall forward

the development plan, as recommended by the said

Committee, to the Government of Goa.

The expenditure of the meetings of the District

Planning Committee for the North Goa District shall

be met from the funds provided to the North Goa

Zilla Panchayat by the Government towards

recurring and non-recurring expenditure for

administration.

By order and in the name of the Governor of

Goa.

Siddhi Halarnkar, Director & ex officio Joint

Secretary (PR).

Panaji, 14th July, 2021.

Notification

No. 26/25/DP/DPC/06/2021-22/4320

In exercise of the powers conferred by

Section 239 of the Goa Panchayat Raj Act, 1994

(Goa Act 14 of 1994), and in supersession of the

Government Notification No. 26/25/DP/DPC/S/

/2012-13 dated 11-03-2016 published in the Official

Gazette, Series II No. 52 dated 26-03-2016, the

Government of Goa is pleased to re-constitute the

District Planning Committee for the South Goa

District, consisting of the following members and

permanent invitees, namely:-

South District Planning Committee:

1. Adhyaksha of South Goa

— Ex-Officio

Zilla Panchayat

Chairperson.

2. Member of Parliament,

— Member.

South Goa

3. Member of Parliament

— Member.

(Rajya Sabha)

4. Chairperson of Margao

— Member.

Municipal Council

5. Shri Khushali J. Velip,

— Member.

Member of South Goa

Zilla Panchayat

6. Shri Shramesh Sukdu Bhosle,

— Member.

Member of South Goa Zilla

Panchayat

7. Shri Domnic Minguel Gaonkar, — Member.

Member of South Goa Zilla

Panchayat

8. Shri Ulhas Yeshwant Tuenkar,

— Member.

Member of South Goa Zilla

Panchayat

9. Smt. Sudha Govind Gaonkar,

— Member.

Member of South Goa Zilla

Panchayat

10. Smt. Anita Ajay Thorat,

— Member.

Member of South Goa Zilla

Panchayat

11. Shri Dipak Tiru Naik Borkar,

— Member.

Member of South Goa Zilla

Panchayat

12. Smt. Shobhana Shambu Velip, — Member.

Member of South Goa Zilla

Panchayat

13. Chairperson of Sanguem

— Member.

Municipal Council

14. Chairperson of Quepem

— Member.

Municipal Council

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

366

15. Chairperson of Curchorem-

— Member.

-Cacora Municipal Council

16. Chairperson of Cuncolim

— Member.

Municipal Council

17. Chairperson of Mormugao

— Member.

Municipal Council

18. Chairperson of Canacona

— Member.

Municipal Council

19. Chairperson of Ponda

— Member.

Municipal Council

20. All Members of the Legislative — Permanent

Assembly of Goa whose

Invitees.

constituencies lie within the

South Goa District.

The Chief Executive Officer of the South Goa

Zilla Panchayat shall be the Secretary of the District

Planning Committee for the South Goa District.

Duties and Responsibilities

1. Every Panchayat, Zilla Panchayat and

Municipal Councils falling within the area of South

Goa District, shall, at the beginning of every Five

Year Plan period, prepare a Five Year Plan and by

the end of January of every year, prepare an Annual

Plan and submit it to the said District Planning

Committee for the South Goa District.

2. The said District Planning Committee shall

consolidate the plans prepared by the Zilla

Panchayat, Panchayats and Municipal Councils in

the District and prepare a draft development plan

for the District as a whole.

The District Planning Committee for the South

Goa District shall, in preparing the draft

development plan –

a) Have regard to,

I. the matters of common interest between

the Zilla Panchayat, Panchayats and

Municipal Councils in the district including

special planning, sharing of water and other

physical and natural resources, the

integrated development of infrastructures

and environmental conservation;

II. the extent and type of available resources,

whether financial or otherwise;

b) Consult such institutions and organizations

as the Government may, by order, specify.

The Chairman of the District Planning

Committee for the South Goa District shall forward

the development plan, as recommended by the said

Committee, to the Government of Goa.

The expenditure of the meetings of the District

Planning Committee for the South Goa District shall

be met from the funds provided to the South Goa

Zilla Panchayat by the Government towards

recurring and non-recurring expenditure for

administration.

By order and in the name of the Governor of

Goa.

Siddhi Halarnkar, Director & ex officio Joint

Secretary (PR).

Panaji, 14th July, 2021.

———uuu———

Department of Personnel

—

Order

No. 7/11/2020-PER/1691

In pursuance of Order No. 14016/10/2021, UTS-I

dated 30-06-2021 issued by Government of India,

Ministry of Home Affairs, New Delhi, the Governor

of Goa is pleased to appoint Ms. Sneha Gitte, IAS

(AGMUT:2019), as Deputy Collector & SDO-II

Bardez, with immediate effect.

Smt. Veera Nayak, Deputy Collector & SDO-II

Bardez is transferred and posted as Deputy

Collector (Election) North.

By order and in the name of the Governor of

Goa.

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

Porvorim, 12th July, 2021.

________

Order

No. 7/21/2017-PER/1721

The Governor of Goa is pleased to appoint Shri

Arun Kumar Mishra, IAS (AGMUT:2012), as Secretary

to Governor, with immediate effect, relieving Shri

R. Mihir Vardhan, IAS (Retd.), appointed on

co-terminus basis vide order No. 7/18/2020-PER/83

dated 08-01-2021.

By order and in the name of the Governor of

Goa.

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

Porvorim, 14th July, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

367

Order

No. 5/16/2021-PER/1669

Read: Memorandum No. 5/16/2021-PER dated

25-03-2021.

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/I/5/42(4)/2019/964 dated 22-02-2021, the Governor

of Goa is pleased to appoint the following candidates

as Junior Scale Officers of Goa Civil Service (Group

“A” Gazetted) in Level 10 of the Pay Matrix with

immediate effect:-

1) Shri Shubham Mohan Naik.

2) Shri Ganesh Krishnakumar Barve.

3) Shri Yogiraj Prakash Gosavi.

4) Smt. Ashwini Abhay Gauns Desai.

5) Shri Girish Gopal Sawant.

6) Shri Sitaram Gurudas Sawal (OBC).

7) Shri Manohar Lavu Karekar (OBC).

2. The above candidates have been declared

medically fit by the Medical Board. Their character

and antecedents have been verified.

3. The above candidates shall be on probation

for a period of two years with effect from their date

of joining, during which they shall undergo a

departmental training and shall have to pass the

Departmental Examination prescribed under the

rules.

4. The pay and allowances of the above

candidates shall be debited to the Budget Head

controlled by the concerned Department wherever

they are posted from time to time, or as per specific

orders issued by Personnel Department.

5. The above candidates shall join their duties in

the Personnel Department. within a period of

fifteen days from the date of receipt of this

order.

6. The appointment of the candidate at Serial

No. 6 shall be subject to the verification of the

genuineness of his educational qualification

certificate.

By order and in the name of the Governor of

Goa.

Meghana Shetgaonkar, Joint Secretary (Personnel).

Porvorim, 08th July, 2021.

Corrigendum

No. 5/40/84-PER-Vol.I/1743

Read: Order No. 5/40/84-PER(Vol.I) dated 22-06-2009

In para 2 of the Order read in the preamble, the

words “two years” shall be substituted to read as

“one year”.

By order and in the name of the Governor of

Goa.

Maya Pednekar, Under Secretary (Personnel-II).

Porvorim, 12th July, 2021.

——————

Addendum

No. 6/13/2017-PER/1677

Read: Order No. 6/13/2017-PER/1513 dated

22-06-2021.

The following line shall be added after para 3 of

the order referred to in the preamble:

‘The officers appointed on ex-cadre deputation

posts shall be governed by the standard terms of

deputation, as amended from time to time’.

By order and in the name of the Governor of

Goa.

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

Porvorim, 09th July, 2021.

———uuu———

Department of Public Health

__

Certificate

No. 45/1/2005-I/PHD/PART/1574

Read: Government Order No. 45/1/2005-I/PHD/Part/

/1449 dated 29-06-2021.

Certified that the character and antecedents of

Dr. Rina Cordeiro, Junior Anaesthetist (Group ‘A’

Gazetted) under Directorate of Health Services

mentioned in the above referred Order has been

verified by the District Magistrate, North Goa,

Panaji vide letter No. 2/11/2016-MAG/VCA/Vol-II/

/1253 dated 04-06-2021 and it is revealed that there

is nothing adverse reported against her.

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 09th July, 2021.

——————

Certificate

No. 4/23/2002-II/PHD/PART 1/1311

Read: Government Order No. 4/23/2002-II/PHD/

/Part-1/1215 dated 10-06-2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 17

22ND JULY, 2021

368

Certified that the character and antecedents of

Dr. Pandurang alias Prathamesh A. Naik, Lecturer,

Department of Medicine in Goa Medical College

and Hospital, Bambolim mentioned in the above

referred Order have been verified by the District

Magistrate, North Goa District, Panaji and

nothing adverse has come to the notice of the

Government.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 09th July, 2021.

——————

Certificate

No. 45/1/2005-I/PHD/Part/1575

Read: Government Order No. 45/1/2005-I/PHD/

/Part/1449 dated 29-06-2021.

Certified that the character and antecedents of

Dr. Deepika Jaikrishna Chari, Junior Anaesthetist

(Group ‘A’ Gazetted) under Directorate of Health

Services mentioned in the above referred Order

has been verified by the District Magistrate,

South Goa, Margao vide letter No. 36/05/2019/MAG/

/243/7192 dated 02-07-2021 and it is revealed that

there is nothing adverse reported against her.

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 09th July, 2021.

———uuu———

Department of Transport

Directorate of Transport

—

Order

No. 5/2/93-Tpt/P.F./2021/1668

The Order No. 5/2/93-Tpt/P.F./2021/1646 dated

30-06-2021 regarding transfer of Shri Sandeep B.

Dessai, Shri Meghashyam Pilankar and Shri Rajesh

G. Naik, Assistant Director of Transport (Group ‘B’

Gazetted) shall be kept in abeyance.

By order and in the name of the Governor of

Goa.

Rajan Satardekar, Director & ex officio Addl.

Secretary (Tpt.).

Panaji, 2nd July, 2021.

www.goaprintingpress.gov.in

Published and Printed by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE–Rs. 20.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—127/150–7/2021.