Panaji, 28th October, 2021 (Kartika 6, 1943)

SERIES II No. 31

PUBLISHED BY AUTHORITY

Note:- There is one Extraordinary issue to the Official

Gazette, Series II No. 30 dated 21-10-2021

namely, Extraordinary dated 26-10-2021 from

pages 589 to 601 regarding Circulars from

Department of Finance.

GOVERNMENT OF GOA

Department of Captain of Ports

Order

No. A 34071/Corresp. (Fin)(Part)/2426

Sanction of the Government is hereby accorded

to appoint Shri Octavio A. Rodrigues, Marine

Engineer & Ship Surveyor of the Captain of Ports

Department to be a Member of the Work Study-

-cum-Anomaly Committee constituted in terms of

Order No. 8/1/2020-WSAC/Fin(R&C)/1816 dated

31-08-2021 issued by the Department of Finance

(Revenue & Control), Government of Goa,

Secretariat, Porvorim, Goa.

The Committee has been constituted by the

Government for analyzing cases involving

anomalies in Upgradation/promotion/hierarchies

and to submit its detailed report with specific

recommendations to the Finance Department in a

time bound manner.

All such case(s) in respect of the Captain of

Ports Department shall be referred to the Finance

Department through Shri Octavio A. Rodrigues,

Marine Engineer & Ship Surveyor who has been

appointed as a departmental member on the

Committee.

By order and in the name of the Governor of

Goa.

Capt. James Braganza, ex officio Jt. Secretary

(Captain of Ports).

Panaji, 19th October, 2021.

RNI No. GOAENG/2002/6410

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

603

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

Department of Co-operation

Office of the Asstt. Registrar of Co-operative

Societies

Notification

No. 5-1941-2021/ARSZ/HSG

In exercise of the powers vested in me under

sub-section (1) of Section 8 of Goa Co-operative

Societies Act, 2001,“The Marshall Luiza Co-

operative Housing Society Ltd., opp. Masjid,

Davorlim, Salcete-Goa” has been registered under

Code Symbol No. RCSSZ2021220001.

H. S. Gawde, Asstt. Registrar, South Zone

(Co-operative Societies).

Margao, 14th July, 2021.

Certificate of Registration

“The Marshall Luiza Co-operative Housing Society

Ltd., opp. Masjid, Davorlim, Salcete-Goa” is

registered on 14-07-2021 and it bears registration

Code Symbol No. RCSSZ2021220001 and it

is classified as “Housing Society” under

sub-classification No. 7 (b) as “Co-partnership

Housing Society” in terms of sub-rule (1) of Rule 8

of the Goa Co-operative Societies Rules, 2003.

H. S. Gawde, Asstt. Registrar, South Zone

(Co-operative Societies).

Margao, 14th July, 2021.

——

Notification

No. 5-1942-2021/ARSZ/HSG

In exercise of the powers vested in me under

sub-section (1) of Section 8 of Goa Co-operative

Societies Act, 2001, “The Mohidin’s Regina

Co-operative Housing Society Ltd., Opposite Lima

Lectao House, Near Merces Chapel, Merces Vaddem,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

604

Vasco-da-Gama, Goa” has been registered under

Code Symbol No. RCSSZ2021220002.

H. S. Gawde, Asstt. Registrar, South Zone

(Co-operative Societies).

Margao, 27th July, 2021.

Certificate of Registration

“The Mohidin’s Regina Co-operative Housing

Society Ltd., Opposite Lima Lectao House, Near

Merces Chapel, Merces, Vaddem, Vasco-da-Gama,

Goa” is registered on 27-07-2021 and it bears

registration Code Symbol No. RCSSZ2021220002 and

it is classified as “Housing Society” under

sub-classification No. 7 (b) as “Co-partnership

Housing Society” in terms of sub-rule (1) of Rule 8

of the Goa Co-operative Societies Rules, 2003.

H. S. Gawde, Asstt. Registrar, South Zone

(Co-operative Societies).

Margao, 27th July, 2021.

——

Notification

No. 359382607202126

In exercise of the powers vested in me under

sub-section (1) of Section 8 of Goa Co-operative

Societies Act, 2001, “The Mint Leaf Co-operative

Housing Maintenance Society Ltd., Mutt Road,

Gogol, Margao, Salcette-Goa,” is registered under

Code Symbol No. RCSSZ2021220003.

Suraj S. Ghaisas, Asstt. Registrar, South Zone

(Co-operative Societies).

Margao, 21st September, 2021.

Certificate of Registration

“The Mint Leaf Co-operative Housing

Maintenance Society Ltd., Mutt Road, Gogol,

Margao, Salcette-Goa,” has been registered

on20-09-2021 and it bears registration Code

Symbol No. RCSSZ2021220003 and it is

classified as “Co-operative Housing Society”

under sub-classification No. 7 (d) “Co-operative

Housing Maintenance Society” in terms of

sub-rule (1) of Rule 8 of the Goa Co-operative

Societies Rules, 2003.

Suraj S. Ghaisas, Asstt. Registrar, South Zone

(Co-operative Societies).

——

Notification

No. 359380408202137

In exercise of the powers vested in me under

sub-section (1) of Section 8 of Goa Co-operative

Societies Act, 2001, “The C.P.J. Residency

Co-operative Housing Maintenance Society Ltd.,

Near St. Annes School, Agalli, Fatorda, Salcete-Goa,

registered

under

Code

Symbol

No.

RCSSZ2021220004.

Suraj S. Ghaisas, Asstt. Registrar, South Zone

(Co-operative Societies).

Margao, 21st September, 2021.

Certificate of Registration

“The C.P.J. Residency Co-operative Housing

Maintenance Society Ltd., Near St. Annes School,

Agalli, Fatorda, Salcete-Goa” has been registered

on 21-09-2021 and it bears registration Code

Symbol No. RCSSZ2021220004 and it is classified

as “Co-operative Housing Maintenance Society”

under sub-classification No. 7 (d) “Co-operative

Housing Maintenance Society” in terms of

sub-rule (1) of Rule 8 of the Goa Co-operative

Societies Rules, 2003.

Suraj S. Ghaisas, Asstt. Registrar, South Zone

(Co-operative Societies).

——

Notification

No. 359361208202143

In exercise of the powers vested in me under

sub-section (1) of Section 8 of Goa Co-operative

Societies Act, 2001, “The Mohidin’s Iconia

Co-operative Housing Society Ltd., Jairam Nagar,

behind N.S.D., Dabolim, Mormugao-Goa” is registered

under Code Symbol No. RCSSZ2021220005.

Suraj S. Ghaisas, Asstt. Registrar, South Zone

(Co-operative Societies).

Margao, 29th September, 2021.

Certificate of Registration

“The Mohidin’s Iconia Co-operative Housing

Society Ltd., Jairam Nagar, behind N.S.D., Dabolim,

Mormugao-Goa” has been registered on 29-09-2021

and it bears registration Code Symbol

No. RCSSZ2021220005 and it is classified

as “Co-operative Housing Society” under

sub-classification No. 7 (b) “Co-partnership

Housing Society” in terms of sub-rule (1) of Rule 8

of the Goa Co-operative Societies Rules, 2003.

Suraj S. Ghaisas, Asstt. Registrar, South Zone

(Co-operative Societies).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

605

Department of Environment & Climate

Change

Notification

No. 7/4/98/STE-DIR/PART-III/Vol.II/775

Read: Order dated 23-10-2018, 30-10-2018 &

31-10-2018 in various IAs filed in Writ

Petition (Civil) No. 728 of 2015 and Ors. by

Hon’ble Supreme Court.

Whereas, the Hon’ble Supreme Court vide its

Judgment & Orders read above has given certain

directions on manufacture, distribution and use of

Fire Crackers in the Country. In the light of these

directions and as per the modified directions

contained in Hon’ble Supreme Court order

dated 30-10-2018, the State Government hereby

prescribes following timings for bursting of fire

crackers during the Diwali Festival in the year 2021.

On the day of the Diwali i.e. on

04th November, 2021 Fire Crackers are

allowed to be burst in the morning from

4.30 a.m. to 5.30 a.m. and in the

evening from 7.00 p.m. to 8.00 p.m. strictly.

For the days during the Diwali Festival

Period i.e. 05th& 06th November, 2021 which

is being observed in the State of Goa, the

Fire Crackers bursting time shall be strictly

restricted between 8.00 p.m. to 10.00 p.m.

only.

The Police Station in-charge of the respective

Police Station shall be fully responsible

for implementation of the Supreme Court

directions.

This Notification shall come into force with

immediate effect.

By order and in the name of the Governor of

Goa.

Dasharath M. Redkar, Director/Jt. Secretary (DoE &

CC).

Panaji, 26th October, 2021.

———uuu———

Goa Human Rights Commission

Directorate of Education Building

Order

No. 6/23/2012-13/GHRC/929

Read: Order No. 6/23/2012-13/GHRC/323 dated 30-01-2013.

In supersession to order cited above and in terms of the provisions of Section 5 of the Right to

Information Act, 2005 (Central Act 22 of 2005), the following officers are designated as the Public

Information officer and the Asstt. Public Information officer at Goa Human Rights Commission, Panaji-Goa.

Sr.

Designation

Designation as per

Area of Jurisdiction

No.

sub-section (1) &(2)

of work assigned in

of Section 5 of the

case of more than

RTI Act

one PIO/APIO in the

Department

Section Officer,

Public Information

N.A.

Goa Human Rights Commission

Officers (PIO)

18th June Road, 1st floor, Old

Education Building, Panaji, Goa

Legal Assistant,

Asstt. Public

Information

Goa Human Rights Commission

Information Officer

pertaining to legal

18th June Road, 1st floor, Old

(APIO)

matters/Cases.

Education Building, Panaji, Goa

Sr. Assistant,

Asstt. Public

Information

Goa Human Rights Commission

Information

pertaining to

18th June Road, 1st floor, Old

Officer (APIO)

Administrative

Education Building, Panaji, Goa

Matters.

Amarsen Wamanrao Rane, Secretary (Goa Human Rights Commission).

Panaji, 13th October, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

606

Office of the Goa Human Rights Commission

Before the Goa Human Rights

Commission at Panaji-Goa

Proceeding No. 269/2018

Prakash Kundaikar,

Nagali, Taleigao-Goa

…

Complainant.

V/s

1) The Dean,

Goa Medical College,

Bambolim-Goa.

2) The Medical Superintendent,

Goa Medical College,

Bambolim-Goa.

3) Shri Vishant S. Nagvekar,

C-49, Government Quarters,

Altinho, Panaji-Goa.

4) Shri Avelino De Sa,

President,

Disability Rights Association

of Goa, Opp. Head Post Office,

Panaji-Goa

… Respondents.

Inquiry Report/Order

(3rd August, 2021)

An email from the Complainant, Shri Prakash

Kundaikar, was inwarded in this Commission on

11-12-2018, in respect of the odd practice followed

by the authorities incharge of issue of disability or

other related certificate to persons with Disability,

by demanding full body photograph.

2. By order dated 12-12-2018, on perusing the

complaint, dated 09-12-2018, the Commission called

for the report from the Respondents No. 1 & 2.

3. The Respondent No. 1, the Dean, Goa Medical

College, Bambolim, filed their report dated

01-01-2019 along with the Note of Respondent

No. 2, i.e. Medical Superintendent, Goa Medical

College, Bambolim, dated 13-12-2018 and with the

letter of the Chairman of the Medical Board dated

18-12-2018.

4. Subsequently, on the application of Respondent

No. 3, Shri Vishant S. Nagvekar, received by email

on 18-01-2019, he was allowed to intervene. So

also Respondent No. 4, Shri Avelino De Sa,

President, Disability Rights Association of Goa, was

added as Respondent No. 4 on 07-03-2019, based

on his application before this Commission.

5. At the stage of hearing, the Commission heard

the Complainant and Respondent No. 4 in person.

The respondents No. 1, 2 & 3 remained absent.

6. The Commission has gone through the

complaint and the replies of the Respondents and

the documents produced as well as the law on the

subject.

7. The Commission finds that the complaint was

filed as the authorities were demanding, from the

persons with disabilities, full body photographs in

4x6" or 3x4", for issue of disability certificates.

8. The Complainant has prayed that only

passport size photographs showing the face only,

be accepted for protecting the dignity of the

persons with disabilities.

9. From the replies of the Respondents, it is seen

that the Medical Superintendent of Goa Medical

College, Bambolim had issued Note dated

31-12-2018 directing all the concerned doctors in

the Department of Orthopedic not to insist on full

body photographs and to follow the new guidelines.

10. So also by letter dated 18-02-2018, the

Chairman of the Medical Board of Goa Medical

College had informed the Dean that no personnel

has asked for or insisted for full body photograph

for patients of disability.

11. The Complainant had filed a Rejoinder on

06-02-2019 stating that the Respondents are still

compelling persons with disability to submit full

body photographs to obtain railway concession

certificate.

12. The Complainant has produced with his

Rejoinder a copy of a disability certificate showing

the full body photograph in use.

13. The Respondent No. 3 has also produced a

Disability Certificate dated 16-03-2017 issued to him

having his full photo. This shows that full body

photographs are taken which goes against the

provisions of the Act, thereby violating the human

rights of the persons with disability.

So also, the Respondent No. 4 in his reply, had

stated that there are many persons with disability

in Goa, including him, who have been issued

Disability Certificates, exposing their affected body

parts, copies of which were annexed.

14. The Commission finds that under the ‘The

Rights of Persons with Disabilities Act, 2016, Section

58 contains the procedure regarding issuance of

disability certificate. The full body photograph

which was mandatory earlier stands replaced with

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

607

“Two recent passport size photographs”, as per

Rule 17(2)(b) of the Rights of Persons with

Disabilities Rules, 2017. These Rules were

published in the Official Gazette dated 15th June,

2017, of the Central Government and extend to the

whole of India, including Goa. A passport size

photograph is a small photograph of a person’s

face, of the type used on passports, i.e. of size 2 x 2

inches or 51 mm x 51 mm.

15. The Commission finds that the Rule 17(2)(b)

of The Rights of Persons with Disabilities Rules,

2017 are not followed and non adherence of the

same amounts to violation of human rights and

privacy of the person/s thereof.

16. Hence, the Commission issues the recommen-

dation as under :

“The Respondents No. 1 & 2 shall ensure that

Disability Certificates/other necessary

certificates of persons with disabilities, are

issued, only by accepting passport size

photographs, showing only the face of the

Applicant and not the full body photograph, in

accordance with the Rights of Persons with

Disabilities Act, 2016 and the Rights of Persons

with Disabilities Rules, 2017”.

Date: 03-08-2021.

Place: Panaji-Goa.

Sd/-

(Justice U. V. (Desmond D’Costa), (Pramod V. Kamt),

Bakre),

Member,

Chairperson,

Goa Human

Rights

Commission.

———uuu———

Department of Home

Home—General Division

Corrigendum

No. 24/31/2014-HD(G)/3582

Read:

Order No. 24/31/2014-HD(G)/Part/2364

dated 24-06-2021.

In the above referred order the third line of the

first para may be read as “on temporary basis”

instead of “as probationers”.

The rest of the content of the said order remains

unchanged.

By order and in the name of the Governor of

Goa.

Pritidas U. Gaonkar, Under Secretary (Home).

Porvorim, 11th October, 2021.

Department of Industries

Order

No. 14/14/2019-IND/354

Government of Goa is pleased to appoint the

following Officer as a “Nodal Officer” regarding

incentives by State Government for ZED certified

MSME’s under MSME Sustainable (ZED) Scheme of

Ministry of MSME for Zero Effect Zero Defect (ZED)

related activities:-

Name:

Swetika Sachan, IAS.

Designation:

Director.

Address:

Directorate of Industries, Trade &

Commerce, Udyog Bhavan, Panaji-

Goa.

Contact No.:

0832-2222241.

9717748244.

Email:

[email protected]

By order and in the name of the Governor of

Goa.

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

Porvorim, 12th October, 2021.

———uuu———

Department of Labour

Notification

No. 28/2/2021-LAB/343

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

22-06-2021 in Ref. No. IT/53/16 is hereby published

as required under Section 17 of the Industrial

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

By order and in the name of the Governor of

Goa.

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

Porvorim, 19th July, 2021.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Ms. Bela N. Naik, Hon’ble Presiding

Officer)

Ref. No. IT/53/16

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

608

Workmen,

Rep. by The President,

Bhartiya Kamgar Sena,

C/o Shankar Murari Pandit,

H. No. 86/1(85, Mahalaxmi

Residency,

Behind Kala Bhavan,

Sancoale-Goa-403

… Workmen/Party I

V/s

M/s Sanofi India Limited,

L-121, Phase III, Verna Industrial

Estate,

Verna, Goa-403 722

… Employer/Party II

Workmen/Party I represented by Ld. Adv. Shri P. J.

Kamat.

Employer/Party II represented by Ld. Adv. Shri M.

S. Bandodkar.

AWARD

(Delivered on this the 22nd day of the month

of June of the year 2021)

By order dated 02-11-2016, bearing No. 28/41/

/2016-LAB/772, 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 action of the Management of

M/s Sanofi India Limited, Plot No. L-121,

Phase-III, Verna Industrial Estate, Verna, Goa,

in non-payment of Special Allowance to the

following workmen, is legal and justified?

Sr.

Name

Designation

No.

1. Shri Shankar Pandit

Operator

2. Shri Rajesh Naik

-do-

3. Shri Mangrish Patil

-do-

4. Shri Ajay Phadte

-do-

5. Shri Sushant Naik

-do-

6. Shri Felix D’Souza

-do-

7. Shri Bolanath Kanlonkar

-do-

8. Shri Jagdish Shetkar

-do-

9. Shri Dhana Naik

-do-

10. Shri Dinesh Naik

-do-

11. Shri Dilip Phondekar

-do-

12. Shri Gopi Sawant

-do-

13. Shri Navindra Borkar

-do-

14. Shri Vijaykumar Naik

-do-

15. Shri Keshav Naik

-do-

16. Shri Sandip Gaonkar

-do-

17. Shri Suraj Tamse

-do-

18. Shri Ashvek Parab

-do-

19. Shri Gaspar Fernandes

-do-

20. Shri Rajesh Borkar

-do-

21. Shri Rajendra Naik

-do-

(2) If the answer to issue No. (1) above is in the

negative, then, what relief the workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/53/16 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed Claim Statement at Exhibit 7 and

Party II filed its Written Statement at Exhibit 8.

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

Party I is a registered Trade Union registered under

the Trade Union’s Act with its registered address

at Mumbai, presently represents all the workmen

concerned in the present dispute. The Party I Union

had signed a wage settlement with the Party II on

08-07-2014. The Party I had formed a Local

Committee of the workmen for the day to day

grievances of the workmen of Party II and the said

Committee had been authorised to discuss,

negotiate the grievances of the workmen and settle

the same.

4. The Party I states that the Party II is in the

business of manufacturing medicines for the

treatment of the patients in several therapeutic

areas such as diabetes, cardiology, consumer health

care, hospital, central nervous system, anti-

histamines, etc. The Party I submits that Party II

commissioned Plant II in the year 2013 and is called

manufacturing II (for short Plant II). The Party I

states that the process of manufacturing in Plant II

is the same and that about seven Operators who

were working in Plant I were shifted to Plant II and

were doing the same jobs which were done in Plant

I. The Party I also states that the workmen of the

Party II had formed an Union under the name

Hoechst Marion Roussel Goa Plant Employees Union

and registered the same under the Trade Unions

Act, 1926 under No. 400 dated 08-03-2001. The said

Union had signed a settlement on the Charter of

Demands on 26-12-2001 which was effective from

01-01-2001 to 30-06-2004. The Operators thereafter

joined the membership of the Goa Trade and

Commercial Workers‘ Union (AITUC) in the year 2004

and had signed two settlements dated 30-12-2005

and 24-12-2008 with Party II on the Charter of

Demands. The workmen resigned from the said

Union and joined the Goa Kamgar Karmachari Sena

and thereafter joined the Party I Union.

5. The Party I states that the Party II on realising

that the Operators have joined the Party I Union,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

609

the Party II discontinued employing the workers as

Operators and started employing the workers with

the designation as Management Associates with

higher benefits then what is paid to the regular

Operators though the nature of the work done by

the said Associates was the same as that of the

Operators. The Party I further states that in the

year 2012, the Party II started the 3rd shift from 12

midnight to 8.00 a.m. on the next date. Thus, from

the year 2012, the process of manufacturing was

continued in three shifts and was being carried

out by about 150 Operators, including Operators

designated as Management Associates, employed

on regular basis. The Party I states that besides the

regular Operators, the Party II has also employed

Operators, as casual, temporaries, Fixed Term

Contract and through Contractors to do the same

work which is done by the regular Operators.

6. The Party I further states that on account of

introduction of the third shift from 2012, the Party

II employed additional Operators with the

designation as “Management Associates”and the

said Management Associates are also working as

Operators with the regular Operators and are doing

the same work as is done by regular Operators and

that some of the Management Associates are

relievers of the Operators. The Party I states that

some of the Operators, who were members of the

Union and who had left the membership of the

Union, were re-designated as Management

Associates and were granted Special Allowance in

addition to their normal wage and thereafter around

the year 2013/14, they were promoted as

Supervisors/Officers and the Party II presently

employs about 230 Operators on regular basis

besides casuals, temporaries, contract employees,

etc.

7. The Party I states that the wages and

allowances of the Operators in Group I are higher

than Group II in view of their classification based

on years of service i.e. seniority and further stated

that the Management Associates were given more

gross wages and other benefits then the regular

Operators who are the members of the Union and

are working for longer time and senior to the

Management Associates. Party I further stated that

the management associates were also threatened

that they shall not become members of Party I Union

and/or any Union of the workmen. The Party II

made the Management Associates to work as

Operators and it was informed to the workmen

that the management associates were paid special

allowance in addition to the wages and allowances

inorder not to become members of any Union of

workmen. The Party I states that the wages and

allowances of such Associates are much higher

than the Operators who are employed from 1999.

8. The Party I states that the Party II was

discriminating between the Operators, who were

the members of the Party I Union as in 2012 and

the Operators with the nomenclature as

Management Associates who were appointed

subsequently in the matter of special allowance.

The Party I states that the Management Associates

joined the Party I Union in the year 2014 and on

account of this, the Party II stopped revising the

wages and allowances including special allowance

of the Management Associates. The discrimination

in special allowance was brought to the notice of

the Party II orally by the Party I Union through the

local committee of the Union and called upon the

Party II to pay special allowance to the Operators

also as the Operators and the Management

Associates are doing the same and similar jobs in

manufacturing process. The Party I stated that since

the Party II did not agree to pay the special

allowance to the Operators they made a complaint

to the Dy. Labour Commissioner, Margao Goa vide

its letter dated 08-05-2015 to investigate into the

mater of discrimination for which the Party II

denied its contention vide its replies dated

26-06-2015, 05-02-2016 and 25-04-2016.

9. The Party I stated that since there was no

possibility of settlement of the said issue of special

allowance on account of rigid stand taken by the

Party II, the matter was ended in ex-parte failure as

the Party II did not attend the conciliation on

20-05-2016 and hence the matter was then referred

to this Tribunal for adjudication.

10. In the Written statement, the Party II has

claimed that there is nothing due and payable to

any of the workmen mentioned in the schedule

of reference and therefore the question of

non-payment of special allowance to the workmen

concerned in the reference does not arise and there

is no legality or unjustifiability committed by the

Party II for alleged non-payment of special

allowance to the workmen concerned in the

reference and as demanded by Bhartiya Kamgar

Sena, which are absolutely irrational, exorbitant

and has been made in contravention of well

established principles of industry-cum-region and

comparable concerns having regard to existing

emoluments paid to the workers. The demands of

the Union are unreasonable, unjustified and ought

to be rejected, even otherwise no justification has

been given by the Union for grant of the said

demands.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

610

11. The Party I filed a Rejoinder at Exb. 9 denying

the case put forth by Party II in the written

statement.

12. The issues came to be framed at Exhibit 14

which are as follows:

1. Whether the Party I proves that the action of

Party II in non-payment of Special Allowance

w.e.f. 2012 is illegal and unjustified?

2. Whether the Party II proves that the reference

is bad in law and not maintainable as stated

in para A, B and C of the Written Statement?

3. What Relief? What Award?

13. Thereafter additional issue came to be

framed at Exh. 26 which is as follows:

2A.

Whether the reference ought to be rejected

as the issues covered by this reference are

settled by virtue of the Broad Terms of the

Settlement dated 27-10-2017 and also the

settlement dated 06-02-2018 signed

between the workmen represented by

Bhartiya Kamgar Sena and the management

of Sanofi India Ltd. Under Section 2(p) read

with 18(1) of the Industrial Disputes Act,

1947?

14. In the course of the proceedings, the parties

filed an application at Exh. 36 Colly alongwith a

copy of Memorandum of Settlement dated

08-06-2021 under Section 2(p) read with Section

18(1) of the Industrial Disputes Act, 1947 stating

that they have arrived at a settlement on the

subject matter of the above reference with a prayer

to pass a consent award in terms of the said

settlement mentioned below:

1.0 Objectives, intent and purpose of this

settlement

1.1 The purpose of this settlement is to provide

orderly, effective and harmonious industrial

relations through collective bargaining, to maintain

cordial and meaningful relations between the

Company and the workmen, to maintain fair wage

and service conditions, to ensure prompt and fair

redressal of grievances, to foster positive discipline

and total observance of all rules and regulations

everywhere in the organization, to sustain and

improve efficiency, smooth and uninterrupted

operations in the factory and to increase individual

and overall productivity all round and ensuring

also the welfare of the workmen.

1.2 Recognising the rights and responsibilities of

the Company and appreciating that the Company

must improve and sustain its competitive status

and earning capacity through concerted efforts

aimed at improving efficiency and productivity, the

workmen agree to render complete, wholehearted

and unstinted co-operation in improving

productivity, to improve continuously the quality

of the Company’s products and to ensure on-time

delivery.

1.3 To re-dedicate and re-affirm our mutual faith to

work together for the continuous stability, growth

and profitability so that our organization becomes

WORLD CLASS, serve customers to international

standards, develop technologies related to both

process and products, hold our own against

competition and to become global in our thinking

and approach.

1.4 The parties will co-operate in securing

improvements in overall productivity and avoiding

all forms of waste including waste of time and

materials and all wasteful practices. For achieving

the above objectives and to sustain and improve

the competitive status of the Company, effectively

respond to and satisfy customer needs and to

improve its production and earning capacity, and

pledge to foster and encourage the highest degree

of co-operation between the Company and their

workmen at all levels.

1.5 It is the intent and purpose of the parties

hereto that under the existing highly competitive

conditions in the industry, all efforts will be directed

at maximising production/productivity, quality,

containing the manufacturing costs at appropriate

levels and eliminating all wasteful practices. In

order to achieve this, there shall be appreciation of

obligations on either side.

1.6 It is clearly understood and agreed by the

Parties hereto that the objectives of the Settlement

are not only to ensure harmonious industrial

relations resulting in improved productivity and

higher earnings to workmen, but also to review,

streamline and rationalise various procedures,

practices, systems, etc. and to ensure optimum

utilisation of all resources, maintain optimum

inventory levels, elimination of all wasteful

practices and due enforcement of discipline for

the sustained stability and growth for achieving

the targeted turnover of the company.

2.0 MANAGEMENT ROLE:

In discharging their responsibilities, the

Management shall be the providers of direction

and long term perspective for the organization. All

such necessary performance such as adequate long

term and short term planning, required capital

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

611

expenditure and investments in plant, equipment

etc. development and sufficient provision of vital

infrastructure facilities such as space and power,

development and management of sources of raw

material/supplies of input to the Production Unit,

adequate manpower planning and stationing and

governance of the Employee population shall be

considered as Management responsibilities.

3.0 EMPLOYEE ROLE:

While discharging their responsibilities through

their sufficient and effective performance, the

Workmen shall co-operate in all initiatives, Lean,

Supply Chain Management, Modernisation, change

in technology and manufacturing processes,

contemporary management techniques and

practices and optimising the use of men, material

and machinery. Implementation of safety measures

and using safety appliances, personal protection

equipment’s (PPE) etc. workmen agree jointly and

severally to extend their full co-operation to the

company in improving effective working time,

enforcing discipline, improving the efficiency,

maintaining punctuality and regularity in

attendance, improving quality and safety at

workplace consistently and eliminating wastage

and unproductive practices which will hamper

production/productivity.

4.0 COLLABORATIVE EFFORTS

Harmonious Industrial Relations, healthy

practices and commitment on either side to resort

only to constitutional means to resolve differences,

if any, are accepted as prerequisites for successfully

steering the Company to establish growth and

attain an enviable position in the industry. Both

parties firmly believe that joint efforts on the lines

referred to above, will enable them to attain their

cherished goals.

5.0 APPLICABILITY:

The provisions of this settlement shall be

applicable only to all permanent workmen who are

members of the union and were on the rolls of the

company on the date of submission of the charter

of demands dated 2nd May, 2018 ( as per the list

attached in Annexure A) and no other workmen or

employee shall be covered under this settlement.

Any confirmed employee who was part of the

charter of demand dated 2nd May, 2018 and has

resigned from the services of the company or ceased

to be in employment for any reason during the

term of the settlement will be entitled for an amount

proportionate to the period of service rendered

during the term of the settlement. They would be

paid actual arrears in full and final settlement of

all their dues arising out of this settlement. In order

to identify such workman an application will be

obtained from them. As on the date of signing of

this settlement, since the period/tenure of the

settlement is already over the benefit would be

given only to members as per the list attached in

Annexure A.

It is further agreed between the parties that the

provisions of this settlement, however, shall not be

applicable to, workmen employed by any of the

contractors or those who are employed as retainer/

/consultant or casual/temporary/part-time

workmen for whatsoever job work in whatsoever

capacity, they are engaged.

6.0 EMOLUMENTS & COSTING OF THIS

SETTLEMENT

The total cost of the settlement was arrived at

and then after agreement between the parties in

mutual interest it was decided to distribute it in

the following manner.

6.1 BASIC PAY AND FITMENT

It is agreed that the following pay scale shall apply to all the eligible workmen during the tenure of

this settlement.

3000–550–5750–575–8625–600–11625–625–14750–650–18000–675–21375–700–24875–725–28500.

Each permanent workman on the rolls of the company and who are part of this settlement shall be

given an adhoc rise in their existing basic pay w.e.f. 1st July, 2017 as follows:

Group

w.e.f. 1st July, 17

w.e.f. 1st July, 2018

w.e.f. 1st July, 2019

Rs. 3045/- pm

Rs. 652.50/- pm+ yearly

increment

Rs. 2695/- pm

Rs. 577.50/- pm+ yearly

increment

increment.

III Rs. 2380/- pm

Rs. 510/- pm+ yearly

increment

increment.

IV Rs. 1645/- pm

Rs. 352.50/- pm+ yearly

increment

increment.

OFFICIAL GAZETTE — GOVT. OF GOA

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612

On adding above amount into the existing Basic Pay & Personal Pay (drawn in July, 2017 ), the basic

salary so arrived will be then fitted in the Pay Scale at appropriate level. If there is no corresponding step

in the salary scale the residue amount, if any, due to this fitment will be considered as Personal Pay. It

is agreed between the parties that the Personal Pay of the first year i.e. 1st July, 2017 shall be added to

the fitment money of the second year i.e. 1st July, 2018 and fitted at the respective step in the Scale of

Pay and residue amount in the second year shall be taken as personal pay. Similarly the personal pay of

second year shall be added to the fitment amount of the third year i.e 1st July, 2019 and fitted at the

respective step in the scale of pay and the residue amount in the third year shall be taken as Personal

Pay. This personal pay shall be considered for calculating all benefits such as overtime wages, provident

fund, bonus, LTA, Gratuity. Basic scales for new employees taken on Probation/

/Confirmation will be fitted into Basic scale in respective Grades depending on his qualifications and

experience and is paid all allowances in the Grade at the discretion of the management.

It is agreed between the parties that if the management associate joins the union of workmen at any

time, they shall be given the scale of pay as agreed above in clause 2 and fitted at appropriate step

prospectively from the date they join the union.

It has been agreed between the Union and the Management that the amount of Rs. 200 shall be added

into Basic Wage w.e.f. 1st July, 2017.

6.2 HOUSE RENT ALLOWANCE.

Each permanent workman on the rolls of the company and who are part of this settlement shall be

given a rise in their existing House Rent Allowance w.e.f. 1st July, 2017 as follows:

Group

w.e.f. 1st July, 17

w.e.f. 1st July, 2018

w.e.f. 1st July, 2019

Rs. 1995/- pm

Rs. 427.50/- pm

Rs. 1645/- pm

Rs. 352.50/- pm

III

Rs. 1330/- pm

Rs. 285/- pm

Rs. 595/- pm

Rs. 127.50/- pm

House Rent Allowance will attract only contributions towards ESI and overtime benefit in accordance

with the prevailing statute. It shall not be consider for the purpose of PF, Bonus, Gratuity and Leave

encashment and shall be proportionately deducted in case of unpaid leave/unauthorized absence.

6.3 LUNCH ALLOWANCE:

Each permanent workman on the rolls of the company and who are part of this settlement shall be

given a rise in their existing Lunch Allowance w.e.f. 1st July, 2017 as follows:

Group

w.e.f. 1st July, 2017

w.e.f. 1st July, 2018

w.e.f. 1st July, 2019

Rs. 350/- pm

Rs. 75/- pm

Rs. 350/- pm

Rs. 75/- pm

III

Rs. 350/- pm

Rs. 75/- pm

Rs. 350/- pm

Rs. 75/- pm

This allowance shall not be considered for the purpose of PF, Bonus, Gratuity, overtime and Leave

encashment and shall be proportionately deducted in case of unpaid leave/unauthorized absence.

The present system of providing a subsidy of Rs. 14/- per meal will continue, however any further

increase in the meal prices will be shared in the proportion of 75:25 between the Management and the

employees respectively.

6.4 EDUCATION ALLOWANCE:

Each permanent workman on the rolls of the company and who are part of this settlement shall be

given a rise in their existing Education Allowance w.e.f. 1st July, 2017 as follows:

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

613

Group

w.e.f. 1st July, 2017

w.e.f. 1st July, 2018

w.e.f. 1st July, 2019

Rs. 350/- pm

Rs. 75/- pm

Rs. 350/- pm

Rs. 75/- pm

III

Rs. 350/- pm

Rs. 75/- pm

Rs. 350/- pm

Rs. 75/- pm

This allowance shall not be considered for purpose of PF, Bonus, Gratuity, overtime and Leave encashment

and shall be proportionately deducted in case of unpaid leave/unauthorized absence.

6.5 CONVEYANCE ALLOWANCE/TRANSPORT ALLOWANCE

Each permanent workman on the rolls of the company and who are part of this settlement shall be

given a rise in their existing Conveyance Allowance/Transport Allowance w.e.f. 1st July, 2017 as follows:

Group

w.e.f. 1st July, 2017

w.e.f. 1st July, 2018

w.e.f. 1st July, 2019

Rs. 350/- pm

Rs. 75/- pm

Rs. 350/- pm

Rs. 75/- pm

III

Rs. 350/- pm

Rs. 75/- pm

Rs. 350/- pm

Rs. 75/- pm

Conveyance Allowance/Transport Allowance shall not be considered for purpose of PF, Bonus, Gratuity,

overtime and Leave encashment and shall be proportionately deducted in case of unpaid leave/

unauthorized absence.

6.6 MEDICAL ALLOWANCE:

It is agreed between the parties that the

prevailing practice shall continue in respect of this

demand.

7.0 MEDICAL SCHEME:

All such workmen who are exempted from ESIC

scheme (as in Clause 7) will be covered under a

suitable

insurance

policy

for

Medical

Hospitalization Reimbursement Policy upto an

amount of Rs. 5,00,000/- per financial year for self,

spouse and upto 2 dependent children upto 21 years

of age. The hospitalization claim shall be directly

settled with insurance company and all the terms

and conditions as prevalent with the Insurance

company will be applicable.

As and when the existing employee is again

covered under ESIC scheme in future, whether

prospectively or retrospectively, due to amendment

in the ESI Act, the hospitalization benefit scheme

will cease to be in operation.

8.0 LEAVE TRAVEL ALLOWANCE:

All permanent employee on the rolls of the

company will be paid an amount equivalent of one

month Basic Pay and Personal Pay as Leave Travel

Allowance. All other conditions for availing LTA

will be as per the LTA policy of the company and

will remain the same.

9.0 SHIFT TIMINGS:

It is agreed that the shift timings will be as

follows (in case of three shift working):

Shift

Timing

Lunch/Dinner

08.00 hrs.-16.00 hrs.

30 mins.

16.00 hrs.-00.00 hrs.

30 mins.

III

00.00 hrs.-08.00 hrs.

30 mins.

General

09.00 hrs.-17.30 hrs.

30 mins.

a. It is also agreed that, as per the prevailing

practice and business needs, the company will

decide to work in One/Two/Three shifts/

Extended shift as and when the need arise as

per business requirement or due to exigencies

of work.

b. Availability of operators at work place (place

of work) at start of shift indicated above

i.e. sharp 08.00 hrs. for first shift 16.00 hrs. in

second shift and 00.00 hrs. in third shift.

c. During two shift operation

I. Machines to start within 10 minutes

(i.e. 8:10 am in first shift) latest at beginning

of shift.

II. No stoppage during first and second shift

transition/handover.

III. Stoppage of machines 15 minutes before

end of shift for cleaning purposes

(at 11:45 pm in second shift).

OFFICIAL GAZETTE — GOVT. OF GOA

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614

IV. If there is no cleaning of machine in each

shift that the machines in the first and

second shift shall run without stoppage.

d. Subject to Clause 10 (C) above, the Operators

to follow running handover strictly.

I. Operator shall ensure that the machine is

not stopped during the shift change and

handover the machine in running condition

to the next operator/assigned employee.

II. The operator shall ensure that he/she takes

the handover prior or sharp at respective

shift timings mentioned and notified from

time to time.

III. Operator to remain at respective post till

other operator/assigned employee is able to

take over charge during shift change.

IV. Operators to ensure that at no circumstances

machine shall be stopped during the shift

change. Similarly staggering shall be strictly

followed during lunch/dinner break.

e. Maximum number of late comings 3 (three) in

a calendar month and max. Late time allowed

in such case upto 10 minutes, after which the

employee has to apply for half day alternatively

salary for half day will be deducted. No

intimation in this regards, may be given to the

concerned operator. The same rule and

calculation will hold good for employees

leaving the work place earlier than the

designated time.

f. Any operator punching his attendence card or

reporting at place of work after 15 minutes

from the start of the shift, the employee has to

apply for half day alternatively salary for half

day will be deducted. No intimation in this

regards, may be given to the concerned

operator. The same rule and calculation will

hold good for employees leaving the work place

earlier than the designated time.

g. Lunch break and dinner break timing of 30

mins. to be strictly followed and necessary

staggering should be done.

h. Shift operating personnel will remain at their

posts until he is relieved by his successor or

their supervisor is able to make other

arrangements for their relieving.

I. Operators should remain at the work place

and may leave workplace for IPC checks or

only work related issues with permission of

their supervisors.

II. Subject to Clause 10 (c) above, there will be

no stoppage of machines during first,

second shift and third shift transition and

handover.

III. Immediate communication in case machine

stoppage to be given by the operator to the

supervisor or maintenance engineer, to

ensure maximum machine utilization and

minimize the wastage.

9.0 SHIFT ALLOWANCE PAYMENTS:

All confirmed employee working in second shift

will be paid a shift allowance of Rs. 40/- per second

shift worked and Rs. 80/- incase of Third shift

effective July, 2017. This will not be applicable for

extended hours. Rules and regulations for claiming

this allowance will be made in accordance with

the provisions of the law relating to shift working.

This amount will not attract any other benefit such

as Provident Fund, Gratuity, Bonus and Overtime

Payments.

10.0 LEAVE AND PAID HOLIDAYS:

All such workmen who are exempted from ESIC

Scheme (as in Clause 7) will be given an additional

2 days of sick leave per calendar year (on pro-rata

basis). These leaves will be withdrawn, as and

when the employee is again covered under ESIC

scheme in future, whether prospectively or

retrospectively, due to amendment in the ESI Act.

All other terms and conditions with respect to

leave and paid holidays as per the prevailing

practice and as detailed in the Certified Standing

Orders will be applicable.

11.0 OVERTIME:

Overtime shall be paid as per the provisions of

the Factories Act, 1948 and other relevant statutes.

This amount shall not be taken into account for PF,

Gratuity, Bonus and Leave encashment. The

overtime shall not be refused when asked due to

exigencies of work.

12.0 LOAN:

The permanent workman shall be entitled, from

the date of signing of this agreement for a 50%

interest subsidy on personal loan of upto Rs.

1,80,000/-. The workman shall satisfy all the terms

and conditions attached to the loan. The Company

shall reimburse 50% of the interest charged by the

bank to the workman in his/her monthly salary.

Any rules and regulations made under the loan

scheme in future shall be binding on all workmen.

Till the loan amount is fully repaid, workmen will

not be entitled to any other company loan.

Prevalent rules as applicable under Income Tax

will be applicable.

13.0 FESTIVAL ADVANCE:

The permanent workmen shall be entitled to avail

festival advance of Rs. 5,000/- per year. The advance

will be paid once a year, either for Ganesh Chaturthi,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

615

Diwali, Id or Christmas as per request made by the

workmen in writing. The advance shall be deducted

in 10 equal monthly instalments from the salary of

the workmen from the month when the advance is

availed.

14.0 MONSOON ALLOWANCE:

It is agreed between the parties that the

prevailing practice shall continue in respect of this

demand. An Amount of Rs. 750/- will be paid

w.e.f. 2018 along with the salary in the month of

May/June.

15.0 BONUS:

The Payment of Bonus shall be as per the

provisions of the Payment of Bonus Act, 1965, and

rules made thereunder.

16.0 INSURANCE POLICY:

All workmen would be covered under the Group

Personal Accident Insurance Policy. The accident

coverage for each workman will be for an amount

of Rs. 1,00,000/- (Rupees One lakh only). The

coverage will be on a 24-hours basis. The terms and

conditions prevailing as per the policy shall be

binding.

17.0 LUMPSUM PAYMENT:

It is agreed that the company shall pay a one-

time lumpsum amount of Rs. 5000/- as exgratia as

settlement signing incentive.

In appreciation of the Co-operation shown by

the Union and as demanded by the Union and the

Workmen the company has agreed that each

workman/member of union who are on the rolls of

the company on the date of signing of this

settlement shall be paid lumpsum amount of

Rs. 11500/- totalling to Rs. 805000/- as ex gratia to

be paid as a part of the arrears arising out of the

settlement.

It is also agreed between the Union/Workmen/

/Management/Company that both the Parties shall

file a joint application before the appropriate

authorities for an award/order in terms of the

settlement in ref IT/10/20 and IT/3/21 as also

following disputes pending before various

authorities for finally disposing the matters.

Sr.

Brief

Filed by

Filed

Case No.

No.

against

1. Special

Union

Sanofi

IT/53/16

allowance

India Ltd.

2. Withdrawal Union

Sanofi

IT/13/18

of special

India Ltd.

allowance

3. Protected

Union

Sanofi

All

Workmen

India Ltd.

pending

cases

4. Deduction

Pravin

Sanofi

CLE/

of special

Kande

India Ltd.

/(PWA-2)/

allowance

& others

/2018

5. Refusal to

Union

Sanofi

IT/06/

work

India Ltd.

/2020

6. Works

Union

Sanofi

CLE/TA/

Committee

India Ltd.

/(383)/

/2016 and

other

matters

on the

subject.

The Works committee will be constituted as per

law laid down and committee shall be constituted

within 90 days after the Award passed in terms of

settlement by the Industrial Tribunal.

All pending enquiries against the workmen who

are members of the Union will be mutually closed.

18.0 GENERAL PROVISIONS:

a) The Union and the workmen have specifically

agreed to implementation of various

requirements/procedures under ISO, FDA

regulations, GMP, EHS, Factories Act, I.D. Act,

1947 and gowning procedures and other

Global/International authorities etc.

b) This settlement is in full and final settlement

of all demands raised by the Union in their

charter of demands dated 20th June, 2020

mentioned in the recital of this case above

and other demands, which are not

specifically dealt with or not pressed in this

settlement, shall be treated as settled.

c) The Union and the workmen individually,

Jointly or through any other union or agency,

agree not to raise or pursue any dispute in

respect of any demands in respect of the

workmen covered under this settlement,

whether specifically covered or not pressed

or withdrawn in this settlement and further

agree not to raise any demand on behalf of

these workmen involving any financial

burden or otherwise on the company, directly

or indirectly, during the currency of this

settlement. The Company agrees not to raise

or pursue any dispute specifically covered or

withdrawn during the currency of this

settlement.

OFFICIAL GAZETTE — GOVT. OF GOA

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616

d) In case of a legislation or otherwise, any

identical or similar higher benefits as

accruing to the workmen under this

settlement, are introduced in future by the

Government, the Union and the workman,

the company shall make good the difference

to fall in line with such legislation. The

workmen will be entitled to opt for benefits

either under this settlement or the legislation

in its totality, whichever is more beneficial to

them but not both.

e) Both parties also agree that in case of any

individual/group grievances, every effort will

be made to resolve it in the first place by

mutual discussions between the parties in

accordance with the existing grievance

procedures, and without either party

resorting to any unilateral action. It is also

agreed between the parties that in event

that they do not arrive at a mutally

acceptable solution, both parties will follow

constitutional and legally established

machinery/methods for the settlement of

disputes and shall not resort to any direct

and/or agitational methods.

f) It is in interest of the Company and its

workmen that the company must sustain and

improve its competitive status and earning

capacity. For this the union and its workmen

agree to co-operate with the Management in

all necessary efforts to continue to improve

efficiency, productivity, various continuous

improvement programmes and elimination of

wastage. As a measure of the same it is

agreed that workmen or employee shall co-

operate and participate in the Lean

management/GMP and different initiatives

like+QDCI, VSM (Value Stream Mapping),

works committee, or any other taken in this

regards.

g) It is expressly understood by the Union and

it workmen that all the prevalent service

conditions shall continue to remain unaltered

and the union and the workmen agree to

abide and follow these conditions for the

overall efficiency of the Plant and the

Company.

h) It is understood by the Union and the

workmen that any rules and regulations,

existing practices, privileges, terms and

conditions currently prevailing in the

company as a matter of policy or statute

which have not been expressly altered as a

result of this settlement shall continue to

remain in force and the union and its

workmen shall abide by the same. Any

alteration in the existing policy, rules and

regulations, existing practices and privileges

or introduction of any new policy, rules and

regulations, practices and privileges by the

Company during the tenure of this settlement

in accordance with the existing law at the

time of such alteration/introduction, and

which does not prejudice the terms and

conditions of this settlement shall be followed

by the union and its workmen. Similarly any

statute modified or introduced by the

Government during the tenure of this

settlement shall be complied with by the

company as well as the union and its

workmen.

i) It is understood and agreed upon by the

Union and its workmen that usage of Mobile

phones

the

Production

area

(Manufacturing and Packaging) and other

restricted areas is not permitted. The

workmen and all other employees of the

company shall strictly abide by the Mobile

Policy of the Company.

j) The Union and the workmen appreciate that

it is essential to improve and maintain the

competitive status and profitability of the

company and reduce the costs as an ongoing

exercise. The Union and the Workmen shall

continue to adhere to all measures adopted

by the company from time to time towards

this goal, including the following.

Introduction of new and/or improved

methods and machinery, restructuring, re-

allocation or re-organization, flexibility of

manpower allocation and method

simplification

modification

improvements in various Inputs.

II.

Both parties agree to carry out

modifications, abolition of wasteful

practices, introduction of appropriate

procedure for effective and maximum

utilization of the operating time, and such

other methods as may be considered

appropriate jointly which will result into

work simplification or overall improvement

in the efficiency.

III.

It is agreed that workman shall work in

any section/department as per the

requirement of the company. The Company

may also depute workmen in other

department/on any other job than

currently handled by him for upgradation

of his skill or due to exigencies of work or

company requirements.

IV.

It is agreed that workman shall adhere to

working in shifts as notified from time to

time and accepting overtime work as and

OFFICIAL GAZETTE — GOVT. OF GOA

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28TH OCTOBER, 2021

617

when it is required. Workmen from the

prior shift shall co-operate and continue

to work on overtime after his regular duty

hours in case of absenteeism or work

requirement.

It is also agreed that safety of the plant,

machinery/equipments and personnel is

of paramount importance and both the

parties shall protect it under all

circumstances. The workmen shall ensure

at all times wearing of personal protective

equipment wherever required as per

safety norms required for personal safety.

VI.

The concerned workmen shall handover

proper charge at workplace during the

change over from one shift to another. It is

also agreed that all workmen will adhere

to the shift timings by starting the work

on time and not leaving the place of work

until and uless relieved by the next shift

operator.

VII.

It is agreed that the workmen will adhere

to all the rules of the cafeteria/canteen

including of lifting of self soiled plates

and depositing the same in the bin

provided in the canteen.

VIII.

It is also agreed that all workmen will

attend the training programmes they are

nominated for as per the Company’s

training and development plans.

19.0 TENURE OF SETTLEMENT:

The settlement shall remain effective from 1st

July, 2017 to 30th September 2020 and shall

continue to remain in force thereafter until such

time it is validly terminated by either of the parties

as per the provisions of the Industrial Disputes

Act, 1947.

It is further agreed that the arrears arising out

of this settlement shall be paid to all the workmen

as per list at Annexure A. The said payment shall

be subject to any deductions under the prevailing

laws and will be paid within 3 succeeding months

from signing of the settlement. Any tax liability

arising from any payment or other benefits

introduced or revised under the settlement will be

as per the Income Tax Act, 1961.

That this settlement shall be presented before

the Industrial Tribunal, Panaji in References No. IT

10/20 IT 03/2021, IT 53/16, IT 13/18 & IT 06/20 and

before the Office of the Commissioner of Labour

and Employment in cases of Protected Workmen,

Pravin Kande and Others bearing No. CLE/(PWA-

-2)/2018 & Works Committee with a prayer to make

an Order in terms of this settlement.

It is agreed that with the signing of the

settlement, all the differences or disputes pending

cases/reference related to the Charter of Demands

in Reference No. IT 10/20 and IT 03/2021 between

the management and the workmen in the tribunal

or with conciliation authority is deemed to have

been settled. It is agreed that no fresh dispute on

any issue which is settled under this settlement

shall be raised with the management or with any

authority under industrial/labour law during the

subsistence of this settlement. In view of the above

settlement it is specifically agreed between the

parties for the disposal of all the matters mentioned

hereinbelow that Union will withdraw all the

following case or file and shall make applications

before the appropriate authority to pass no dispute

award for the disputes mentioned hereinbelow.

Sr.

Brief

Filed by

Filed

Case No.

No.

against

1. Special

Union

Sanofi

IT/53/16

allowance

India Ltd.

2. Withdrawal Union

Sanofi

IT/13/18

of special

India Ltd.

allowance

3. Protected

Union

Sanofi

All

Workmen

India Ltd.

pending

cases

4. Deduction

Pravin

Sanofi

CLE/

of special

Kande

India Ltd.

/(PWA-2)/

allowance

& others

/2018

5. Refusal to

Union

Sanofi

IT/06/

work

India Ltd.

/2020

6. Works

Union

Sanofi

CLE/TA/

Committee

India Ltd.

/(383)/

/2016 and

other

matters

on the

subject.

20.0 That in consideration of the management

having agreed to their demands as specified in

this settlement, during the period of its operation

the workers who are beneficiaries of the settlement

and the Union agree that they will not, either jointly

or severally, raise/support any demand involving

any additional financial burden upon the

management, or support any move likely to disrupt

any of the operations of the Management, which

may directly or indirectly cast a financial burden

on the company.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

618

For the following three workmen who were

confirmed in between the tenure of the settlement

their payment mode will be as follows:

E Code

Name

DOJ

130042

Surat Gaonkar

14-09-2017

99227

Kumar Kamble

14-09-2017

99070

Jitendra Usapkar

13-05-2017

The above three workmen would be only eligible

for settlement benefit from July, 2018. Further,

they would be paid annual basic increment of

April, 2018. If the said employees had taken MA

increments for the year April 18, then the same

stands to be relinquished by them and would be

recovered from the arrears paid arising out of this

settlement.

Further, employees joined the union on

17-07-2017 would be eligible for Settlement benefit

from July, 2017. Further, employees joined the union

on 28-06-2018 would be eligible for Settlement

benefit from July, 2017. Further they will be paid

annual basic increment of April, 2018 as per the

settlement. Further, if these set of workmen had

taken MA increments for the year April, 2018 than

the same stands to be relinquished by them and

would be recovered from the arrears paid arising

out of this settlement.

21.0 OTHER CONDITIONS OF SERVICE:

That all other terms and conditions of service,

more particularly including all those specified in

the letter of appointment of probation/confirmation,

Certified Standing Orders and existing rules and

regulations as the case may be, in the employment

of the management) not modified in this settlement,

will continue unaltered.

It is hereby agreed by and between the parties

that any technical, legal, arithmetical and

typographical error that may have inadvertently

crept up in the settlement, will be resolved and

rectified mutually and neither party will take undue

advantage if any.

The above Memorandum of Settlement has been

signed by representative of Party I, Mr. Arvind

Sawant, President, Dr. Raghunath Kuchik, General

Secretaral and other Committee Members, so also

the representative of Party II, Shri Magno Fernandes,

Site Director, Goa Site and Mr. Shailendra Bidye–

Site HR Head, Goa Site and the other Officials on

behalf of Party II. I have gone through the

application dated 09-06-2021 along with the

Memorandum of Settlement at Exh. 7 colly filed as

above, which in my view, are just and fair and in

the interest of both the Workmen/Party I as well as

Employer/Party II and hence, the same are

accepted.

14. In view of above, I pass the following:

ORDER

(i) The reference at the instance of both the

Parties stands disposed off in view of the

application dated 09-06-2021 at Exhibit 7 colly.

(ii) Consequently, the benefits of the Settlement

shall be extended to the workmen of Party I.

(iii) No order as to costs.

(iv) Inform the Government accordingly.

Sd/-

(Bela N. Naik)

Presiding Officer,

Industrial Tribunal and

Labour Court.

Dated:- 22-06-2021.

Place:-

Panaji-Goa.

———

Notification

No. 28/2/2021-LAB/Part-IV/457

The following award passed by the Labour

Court-II, at Panaji-Goa on 16-08-2021 in Case No.

LC-II/IT/10/2020 is hereby published as required

under Section 17 of the Industrial Disputes Act,

1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

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

Porvorim, 21st September, 2021.

______

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. LC-II/IT/10/2020

Mrs. Josefina F. Fernandes,

R/o. Palmar Waddo,

St. Estevam,

Ilhas-Goa (403 106)

… Workperson/Party-I

V/s

M/s. Maberest Hotels

Private Limited,

Unit of Hotel Fidalgo,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

619

18th June, Road,

Panaji-Goa

… Employer/Party-II

Workperson/Party-I persent in person.

Employer/Party-II absent, marked an Ex-parte.

Panaji, dated: 16-08-2021.

AWARD

1. In Exercise of the powers conferred by

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

Industrial Disputes Act, 1947 (Central Act, 14 of

1947) the Government of Goa, by Order dated

16-09-2020, bearing No. 28/10/2020-LAB/965

referred the following dispute for adjudication to

this Labour Court-II, Panaji, Goa.

“(1)

Whether the action of the management of

M/s. Maberest Hotels Private Limited, Unit of

Hotel Fidalgo, Panaji, Goa, in terminating the

services of Ms. Josefina Feliciana Fernandes,

Assistant Housekeeper, with effect from

11-06-2019, is legal and justified?

(3) If not, to what relief the Workperson is entitled?”

2. On receipt of the reference, a case was

registered under No. LC-II/IT/10/2020 and

registered A/D notice was issued to the parties. In

pursuance to the said notice, the Workperson/

/Party-I (for short ‘Workperson’) put in her

appearance. On the contrary, the Employer did not

appear before this Court on the scheduled dates of

hearings, though duly served. This Court marked

an ex-parte order against the Employer, after giving

them several opportunities and an ex-parte

proceedings were conducted.

3. The Workperson filed her Statement of Claim

on 20-01-2020 at Exb-4. The facts of the case in

brief as pleaded by the Workperson are that the

Employer/Party II (for short, “Employer”) is a

company incorporated under the Indian Companies

Act, 1956 and is having its registered office at 18th

June road, Panaji-Goa. She stated that the Employer

is a hotel industry. She stated that the Employer

owned a unit namely Hotel Fidalgo at Panaji-Goa.

She stated that she was initially issued a letter

of intent dated nil offering her employment

as ‘Assistant Housekeeper’ commencing from

01-11-2010. She stated that thereafter, she was

issued a letter of appointment dated 15-11-2010

employing her as an ‘Assistant Housekeeper’ w.e.f.

01-11-2010. She stated that she has been issued

certificate of appreciation from time to time by the

Employer for her sincerity and dedication towards

work. She stated that as an ‘Assistant Housekeeper’,

she was performing duty of housekeeping of

cleaning rooms and public area of the Employer

hotel.

4. She stated that on 11-06-2019, she was called

upon by the HR office stating that her services are

terminated w.e.f. 11-06-2019. However, she was not

issued any letter of termination by the Employer.

She stated that she was pressurized to tender her

resignation letter, which she refused. She stated

that she made a complaint of her illegal termination

before the Commissioner, Labour and Employment,

Panaji-Goa, vide her letter dated 01-07-2019. She

stated that the Employer submitted her termination

letter dated 18-07-2019 during the course of

conciliation proceedings before the Conciliation

Officer, stating that her services were terminated

w.e.f. 11-06-2019. She stated that she was shocked

to learn that allegations were made against her

behaviour in the said letter of termination. She

stated that the allegations made against her in the

termination letter were completely false and

baseless. She stated that no show-cause notice was

issued nor conducted an enquiry into the said

allegations. Hence, the termination of her services

is in violation or principles of natural justice. She

stated that at the time of termination of her

services, she was not paid legal dues such as unpaid

salary of July, 2019, leave encashment, bonus, notice

pay, gratuity, retrenchment compensation and other

terminal dues. She stated that the Asstt. Labour

Commissioner, Panaji-Goa issued notice to the

Employer. However, nobody attended for the

discussion before him and as such conciliation

ended in failure.

5. She contended that the action of the Employer

in terminating her services w.e.f. 11-06-2019 amounts

to retrenchment of her services. She submitted that

at the time of termination of her services, the

Employer did not comply with Section 25-F of the

I.D. Act, 1947. She submitted that the action of the

Employer in terminating her services w.e.f.

11-06-2019 retrospectively by letter dated 18-07-2019

is illegal, bad-in-law and unjustified. She stated that

she is unemployed from the date of her termination

till date. She stated that she had approached several

other hotel units in Panaji and other cities, but she

was not successful in getting employment. She

stated that she is a widow and only bread earner to

her family of three children. The Workperson

therefore, prayed for passing an award holding that

she be reinstated back in service with full back

wages, consequential benefits and continuity in

service.

6. This court framed the following issues on

26-03-2021 at Exb. 5.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

620

1. Whether the Workperson/Party I proves that

she was working continuously for the

Employer w.e.f. 01-11-2010 till the date of her

termination w.e.f. 11-06-2019?

2. Whether the Workperson/Party I proves that

the action of the Employer in terminating her

services w.e.f. 11-06-2019 is illegal and

unjustified?

3. Whether the Workperson/Party-I is entitled

to any relief?

4. What order? what award?

7. My findings to the aforesaid issues are as

under:

(a)

Issue No. 1

: In the Affirmative.

(b)

Issue No. 2

: In the Affirmative.

(c)

Issue No. 3 and 4

: As per final order.

8. The Workperson filed synopsis of written

arguments. None present for the Employer at the

time of final arguments nor filed its synopsis of

written arguments. I have carefully perused the

entire records of the present case. I have also

carefully considered the written submissions made

by the Workperson in person and is of the opinion

as under:

REASONS

Issue No. 1:

9. To prove her case, the Workperson examined

herself and produced on record certain

documentary evidence in support of her oral

evidence.

The evidence on record indicates that the

Workperson was offered a letter of intent for the

position of ‘Assistant Housekeeper’, vide letter of

the Employer dated nil (Exb. 7). The evidence on

record further indicates that the Workperson was

appointed by the Employer as ‘Asstt. Housekeeper’

w.e.f. 01-11-2010, vide its letter dated 15-11-2010

(Exb. 8). The evidence on record indicates that the

Workperson was issued certificates of appreciation

towards her sincere and dedicated service by the

Employer, vide its letter dated 09-09-2014,

09-02-2015 and August, 2016 (Exb. 9-colly). Thus,

the oral as well as documentary evidence on record

adduced by the Workperson indicates that the

Workperson was in continuous service of the

Employer w.e.f. 01-11-2010 till the date of her

termination w.e.f. 11-06-2019. It is therefore held

that the Workperson proved that she was

continuously working for the Employer from the

date of her appointment w.e.f. 01-11-2010 till the

date of her termination w.e.f. 11-06-2019. The issue

No. 1 is therefore answered in the Affirmative.

Issue No. 2:

10. While deciding the issue No. 1 hereinabove,

I have discussed and come to the conclusion that

the Workperson was continuously working for the

Employer Hotel from the date of her appointment

w.e.f. 01-11-2010 till the date of her termination

w.e.f. 11-06-2019.

The evidence on record indicates that on

11-06-2019, she was called upon by the HR office

and was pressurised to tender her resignation

letter, which she refused. The evidence on record

indicates that the Workperson was orally informed

that her services are terminated w.e.f. 11-06-2019.

The evidence on record indicates that the

Workperson has made a complaint of illegal

termination of her services, vide her letter dated

01-07-2019 before the Commissioner, Labour and

Employment, Panaji-Goa. The evidence on record

further indicates that the Employer submitted a

letter dated 18-07-2019 (Exb. 12) addressed to the

Asstt. Labour Commissioner, Panaji-Goa pertaining

to the termination of services of the Workperson.

The evidence on record indicates that the

Workperson was shocked to learn the allegations

made against her behaviour, which were

completely false and baseless. The Employer has

however, failed to produce any cogent evidence

either oral or documentary to substantiate its

statement made in the letter dated 18-07-2019 at

Exb. 12. Thus, the letter of the Employer dated

18-07-2019 at Exb.12 addressed to the Asstt. Labour

Commissioner (ALC), Panaji-Goa alleging

misconduct on the part of the Workperson is an

afterthought. The evidence on record indicates that

at the time of termination of services of the

Workperson, she was not issued one months’ notice

or one months’ pay in lieu of notice nor paid

retrenchment compensation etc. Thus, the action

of the Employer in terminating the services of the

Workperson is in violation of Section 25-F of the

I.D. Act, 1947 and as such it is illegal, unjustified

and bad-in-law.

11. Even assuming that the letter of the Employer

dated 18-07-2019 at Exb. 12 is genuine, the

Employer has not issued any show-cause notice

nor conducted enquiry into the alleged

misconducts. The content of the said letter at Exb.

12 are reproduced hereunder:

“We hereby communicate to you our decision of

terminating the services of Ms. Josefina Fernandes

w. e. f. 11-06-2019.

It has been observed that after our repeated

warnings and counselling given to her, she have

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

621

been found not abiding to the instructions given to

her.

There has been lot of performance issues from her

side. She was also not able to manage the staff

given to her and handle the area allocated to her.

Her casual behaviour on the incident occurred on

06-06-2019 is not at all acceptable. No immediate

action was taken by her even after receiving

information from the laundry boy about the torn

laundry collected from the guest. This behaviour

has caused serious damage to the company image

and reputation which has a direct impact on the

company’s business goals. Secondly, on 09th June,

2019 she was not present in the area allocated to

her. She was not even able to justify her absence,

when she was asked about the same.

Such behaviour is completely unacceptable, hence,

the Company has decided to terminate her services,

with immediate effect.”

12. Thus, the aforesaid letter at Exb. 12 itself

indicates that the Workperson was not issued any

letter of termination of her services for the reasons

best known to the Employer. The said letter at Exb.

12 addressed to the ALC, Panaji-Goa clearly

indicates that the services of the Workperson has

been terminated for the acts/omission of

misconducts as stated in the said letter

hereinabove. The said letter at Exb. 12 casts a

stigma on the Workperson. However, there is

nothing on record to show that the Workperson

was issued any warning and counselling as alleged

nor any showcause notice nor charge-sheet for the

alleged misconduct on her part. There is also

nothing on record to show that any disciplinary

enquiry was conducted against the Workperson

pertaining to her alleged acts of misconducts. In

the circumstances, the termination of services of

the Workperson is in violation of the principles of

natural justice and hence, it is illegal and bad-in-

law. The Employer also did not justify its action in

terminating the services of the Workperson without

issuing any showcause notice or charge-sheet or

holding an enquiry against the Workperson.

In view of above, it is held that the Workperson

proved that the action of the Employer in

terminating her services w.e.f. 11-06-2019 is illegal

and unjustified. The issue No. 2 is therefore

answered in the Affirmative.

Issue No. 3:

13. While deciding the issue No. 2 hereinabove,

I have discussed and come to the conclusion that

the action of the Employer in terminating her

services w.e.f. 11-06-2019 is illegal and unjustified.

The evidence on record indicates that the

Workperson was in the services of the Employer

continuously w.e.f. 01-11-2010 till the date of her

termination of services w.e.f. 11-06-2019. The

evidence on record indicates that the Workperson

tried for alternate employment, however, she was

not successful in getting the employment. The

evidence on record indicates that the Workperson

is unemployed from the date of her termination till

date. The Workperson is therefore entitled for

reinstatement in services of the Employer

alongwith full back wages and continuity in

services with consequential benefits thereof.

In view of above, I pass the following order:

ORDER

1. It is held that the action of the management

of M/s. Maberest Hotels “Private Limited,

Unit of Hotel Fidalgo, Panaji, Goa, in

terminating the services of Ms. Josefina

Feliciana Fernandes, Assistant Housekeeper,

with effect from 11-06-2019, is illegal and

unjustified.

2. The Employer, M/s. Maberest Hotels Private

Limited, Unit of Hotel Fidalgo, Panaji, Goa, is

hereby directed to reinstate Ms. Josefina

Feliciana Fernandes, Assistant Housekeeper

in services alongwith full back wages and

continuity in services with consequential

benefits thereof.

3. No order as to cost.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II.

———

Order

No. 28/20/2021-LAB/477

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. New Vision Printing Services

Private Limited (Formerly known as High Mark (I)

Private Limited), NVI House, Tivim Industrial

Estate, Karaswada, Mapusa, Goa and it’s workperson

Mrs. Rupa Kavlekar, Team Leader-Accounts, in

respect of the matter specified in the Schedule

hereto (hereinafter referred to as the “said

dispute”);

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

622

And whereas , the Government of Goa considers it

expedient to refer the said dispute for adjudication.

Now therefore in exercise of the powers conferred

by Clause (c) of sub-section (1) of Section 10 of the

Industrial Disputes Act, 1947 (Central Act 14 of

1947) (hereinafter referred to as the “said Act”), the

Government of Goa hereby refers the said dispute

for adjudication to the Labour Court-II of Goa at

Panaji-Goa, constituted under Section 7(1) of the

said Act.

SCHEDULE

“(1) Whether the action of the management of

M/s. New Vision Printing Services Private

Limited (Formerly known as High Mark (I)

Private Limited), NVI House, Tivim Industrial

Estate, Karaswada, Mapusa Goa, in

terminating services of Mrs. Rupa Kavlekar,

Team Leader Accounts, with effect from

30-04-2020, is legal and justified?”

(2)

If not, to what relief the workperson is

entitled?”.

By order and in the name of the Governor of

Goa.

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

Porvorim, 27th September, 2021.

––––––

Order

No. 28/31/2021-LAB/507

Whereas the Government of Goa is of the opinion

that an Industrial dispute exists between the

management of M/s. Muktar Automobiles Private

Limited, Plot No. B-2, B-3 Phase 1A, Verna Industrial

Estate, Verna, Goa and it’s workmen represented by

the Goa Union of Industrial Workers, in respect of

the matter specified in the Schedule hereto

(hereinafter referred to as the “said dispute”);

And whereas, the Government of Goa considers

it expedient to refer the said dispute for

adjudication.

Now therefore, in exercise of the powers

conferred by clause (d) of sub-section (1) of Section

10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947) (hereinafter referred to as the “said

Act”), the Government of Goa hereby refers the said

dispute for adjudication to the Industrial Tribunal

of Goa at Panaji-Goa, constituted under Section 7 A

of the said Act.

SCHEDULE

“(1) Whether the shifting of workshop of M/s.

Muktar Automobiles Private Limited, Plot No.

B-2, B-3 Phase 1A, Verna Industrial Estate,

Verna, Goa to Pilerne Industrial Estate, with

effect from 01-02-2021, amounts to closure of

Establishment?

(2)

If answer to issue No. (1) above is in negative,

then what relief workmen are entitled to?

(3)

Whether the action of the management of

M/s. Muktar Automobiles Private Limited, Plot

No. B-2, B-3 Phase 1A, Verna Industrial Estate,

Verna, Goa in transferring the workmen as

shown in Annexure, who are on the roll of the

company to Pilerne Industrial Estate

Workshop, with effect from 01-02-2021, is legal

and justified?

(4)

If the answer to the above issue No. (3) is in

negative, then what relief the workmen are

entitled to?”.

By order and in the name of the Governor of

Goa.

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

Porvorim, 14th October, 2021.

ANNEXURE

Sr.

Name of the

Designation

Date of

No.

workmen

termination

Socorin Cruz

Housekeeping

01-02-2021.

Damaymmav Durgappa

Housekeeping

01-02-2021.

Nitin Shirodkar

Driver

01-02-2021.

Ritesh Methar

Breakdown Driver

01-02-2021.

Anthony Cardozo

Driver

01-02-2021.

Viraj Naik

Driver + Service Advisor

01-02-2021.

Jagdish Naik

Technician

01-02-2021.

Manuel Coelho

Electrician

01-02-2021.

Jameel Mohammed

Technician

01-02-2021.

10.

Gangaram Chari

Electrician

01-02-2021.

11.

Raoji Harmalkar

Technician

01-02-2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

623

12.

Sunil Gajikar

Technician

01-02-2021.

13.

Shriram Parab

Maintenance

01-02-2021.

14.

Divesh Palkar

Alignment

01-02-2021.

15.

Jaber Ahmed

Technician

01-02-2021.

16.

Pradeep Pawar

Technician

01-02-2021.

17.

Babu Gaonkar

Washing

01-02-2021.

18.

Narendra Chari

Technician

01-02-2021.

Kadir Badsha

Technician

01-02-2021.

20.

Joaquem D’souza

Technician

01-02-2021.

21.

Rajesh Khundar

Technician

01-02-2021.

22.

Sameer Naik

Technician

01-02-2021.

23.

Shamshad Ahmed

Denter

01-02-2021.

24.

Nurjan Ansari

Painter

01-02-2021.

25.

Yellamma Hirebadu

Housekeeping

01-02-2021.

26.

Ulbova Harijan

Housekeeping

01-02-2021.

27.

Vishwanath Naik

Driver

01-02-2021.

28.

Ramesh Govekar

Washing

01-02-2021.

29.

Shamim Malik

Denter

01-02-2021.

30.

Narahari Patkar

Technician

01-02-2021.

31.

Anil Raul

Technician

01-02-2021.

32.

Alexander Peter

Technician

01-02-2021.

33.

Vaseem Shirshati

Technician

01-02-2021.

————

Order

No. 28/44/2021-LAB/513

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. Indian Red Cross Society, Goa

State, Municipal Building, 18th June Road, Panaji,

Goa and it’s workperson Ms. Seles de Oliveira, in

respect of the matter specified in the Schedule

hereto (hereinafter referred to as the “said dispute”);

And Whereas, the Government of Goa considers

it expedient to refer the said dispute for

adjudication.

Now, therefore, in exercise of the powers

conferred by Clause (c) of sub-section (1) of Section

10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947) (hereinafter referred to as the “said Act”),

the Government of Goa hereby refers the said

dispute for adjudication to the Labour Court-II of

Goa at Panaji-Goa, constituted under Section 7(1) of

the said Act.

SCHEDULE

“(1) Whether the action of the management of

M/s. Indian Red Cross Society, Goa State,

Municipal Building, 18th June Road, Panaji,

Goa in terminating services of Ms. Seles de

Oliveira, with effect from 01-10-2019, is legal

and justified?

(2)

If not, to what relief the workperson is

entitled?”.

By order and in the name of the Governor of

Goa.

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

Porvorim, 18th October, 2021.

———uuu———

Department of Personnel

Order

No. 7/20/2019-PER/2603

Read: Order No. 14020/04/2021-UTS-I dated

11-10-2021.

The Governor of Goa is pleased to relieve Shri

Kuldeep Singh Gangar, IAS (AGMUT:2009),

Secretary (Agriculture) from this Administration

with effect from 20-10-2021 (f.n.) to join his next

posting in Delhi.

By order and in the name of the Governor of

Goa.

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

Porvorim, 18th October, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

624

Department of Planning, Statistics &

Evaluation

Directorate of Planning, Statistics & Evaluation

Corrigendum

No. DPSE/I/ADMN/Prom.RA/2019/2015

Read: Promotion Order No. DPSE/I/ADMN/Prom.RA/

/2019/1991 dated 13-10-2021.

In partial modification to the above referred

Order, the Official at Sr. No. 05, Shri Vishant S.

Nagvekar, Statistical Assistant promoted to the post

of Research Assistant, the place of posting may be

read as “Office of the Principal Chief Conservator of

Forest, Goa Van Bhavan, Forest Department, Altinho,

Panaji-Goa against the transfer of Shri Milind R.

Amonkar, Research Assistant” instead of

“Chief Electoral Office, Altinho, Panaji on transfer of

Shri Sumant Rodrigues, RA to Collectorate (North),

Panaji”.

This issues with the approval of the Government

U. O. 4165/F dated 14-10-2021.

By order and in the name of the Governor of

Goa.

Dr. Y. Durga Prasad, Director & ex officio

Jt. Secretary (Planning).

Porvorim, 18th October, 2021.

———uuu———

Department of Power

Office of the Chief Electrical Engineer

Order

No. CEE/Estt-01-11-2010/S.E.I (Depu)/Vol. I/1583

Read: Order No. 1. No.CEE/Estt-01-11-2010/

/S.E.I(Depu)/Vol. I/2888 dated 30-11-2018.

2. No. CEE/Estt-01-11-2010/S.E.I(Depu)/Vol.I/

/607 dated 29-05-2019.

3. No. CEE/Estt-01-11-2010/S.E.I(Depu)/Vol.I/

/38 dated 23-04-2020.

4. No. CEE/Estt-01-11-2010/S.E.I(Depu)/Vol.I/

/1619 dated 19-10-2020.

, Government is pleased to extend the

appointment of Shri Radhakrishna Kenny, retired

Executive Engineer (Elect.) as Electrical Inspector,

under State Electrical Inspectorate, Government of

Goa in the Pay Matrix Level 12 on contract basis for

a period of six months w.e.f. 01-11-2021 to

30-04-2022 as per O.M. dated 05-08-2021.

His pay in the re-employed post shall be fixed

in terms of C.C.S. (Fixation of Pay of Re-employed

Pensioners) Orders 2016.

His re-appointment is subject to an agreement

to be executed specifying the terms and conditions

of his re-employment.

The expenditure on his pay and allowances shall

be debited to the Demand No. 76, Head of Account:

2801—Power;

80—General;

800—Others

Expenditure; 02—State Electrical Inspectorate

(Non-Plan); 01—Salaries.

This issues with the approval of the Government

vide U.O. No. 6210/F dated 01-10-2021.

By order and in the name of the Governor of

Goa.

Raghuvir G. Keni, Chief Electrical Engineer &

ex officio Additional Secretary (Power).

Panaji, 19th October, 2021.

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Department of Public Health

––

Order

No. 46/1/2006-I/PHD (P.F.)/2257

Government is pleased to transfer the following doctors under Directorate of Health Services and post

them at the places indicated in Col. No. 4 against their names with immediate effect and until further

orders:-

Sr.

Name of the Doctor

Present place of

Transferred and posted

No.

posting

Dr. Benadita Dias, Medical Officer

Hospicio Hospital, Margao

Urban Health Centre,

Margao, in place of

Dr. Shruti Naik Dessai.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 31

28TH OCTOBER, 2021

625

Dr. Shruti Naik Dessai, Medical Officer

Urban Health Centre, Margao

Hospicio Hospital,

Margao, vice

Dr. Benadita Dias

Transferred.

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

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 13th October, 2021.

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Department of Revenue

–––

Order

No. 26/11/2015-RD/8720

The Government of Goa, is pleased to transfer

the following Officers, in the public interest, with

immediate effect:

Sr.

Name of

Present posting

New place of

No. the Officer

posting

1. Smt. Anisha

Inspector of

Assistant Survey

Matonkar,

Survey & Land and Settlement

I.S.L.R.

Record, Vasco Officer,

Head Office.

2. Shri Patrick

Assistant

Inspector of

Gonsalves,

Survey and

Survey & Land

I.S.L.R.

Settlement

Record, Salcete.

Officer,

Head Office

3. Shri Manguesh Inspector of

Inspector of

Kholkar,

Survey &

I.S.L.R.

Land Record,

Salcete

Vasco.

By order and in the name of the Governor of

Goa.

Sudin A. Natu, Under Secretary (Revenue-I).

Porvorim, 13th October, 2021.

Notification

No. 26/Secy(Rev)Pending-mut/20-21/8741

, In exercise of the powers conferred by Clause

(h) of Section 4 of the Goa Land Revenue Code,

1968 (Act No. 9 of 1969), Government of Goa hereby

appoints the Registering Officer, as appointed under

Section 6 of the Registration Act, 1908 (Act

No. 16 of 1908), as a Mamlatdar, exclusively for the

purpose of disposal of mutation cases under, The

Goa, Land Revenue (Records of Rights and Register

of Cultivators) Rules, 1969 where the right to any

land has been acquired through a document

registered before him.

This notification shall come into force with

immediate effect.

By order and in the name of the Governor of

Goa.

Sudin A. Natu, Under Secretary (Revenue-I).

Porvorim, 28th September, 2021.

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