Panaji, 06th January, 2022 (Pausa 16, 1943)

SERIES II No. 41

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

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

GOVERNMENT OF GOA

Department of Co-operation

Office of the Asst. Registrar of Co-operative

Societies

___

Notification

In exercise of the powers vested in me under

Section 8 of Goa Co-operative Societies Act, 2001,

“Mohideen’s Hum Twin Tower Co-operative Housing

Maintenance Society Ltd.,” Nagamasjid, Curti,

Ponda-Goa”, Nagamasjid, Curti, Ponda-Goa is

registered under Code Symbol No. RCSPZ2021220003.

Pankaj V. Marathe, Asstt. Registrar, Ponda Zone

(Co-operative Societies).

Curti, Ponda, 15th November, 2021.

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

905

Certificate of Registration

“Mohideen’s Hum Twin Tower Co-operative

Housing Maintenance Society Ltd., Nagamasjid,

Curti, Ponda-Goa,” Nagamasjid, Curti, Ponda-Goa has

been registered on and it bears registration Code

Symbol No. RCSPZ2021220003 and it is classified as

“Co-operative Housing Society” under sub-

classification No. 7-(d)-Co-operative Housing

Maintenance Society in terms of Rule 8 of the Goa

Co-operative Rules, 2003.

Pankaj V. Marathe, Asstt. Registrar, Ponda Zone

(Co-operative Societies).

Curti, Ponda, 15th November, 2021.

Department of Education, Art & Culture

Directorate of Education

___

Order

No. 1(2)-22-2005-SE/Part/604

On the recommendation of the Goa Public Service Commission as conveyed vide their letter No. COM/

/II/11/15(4)/2014/4142 dated 02-11-2021, Government is pleased to promote the following Officers in the

cadre of Deputy Education Officer/Principal, Government Higher Secondary Schools/Vocational Education

Officer/Dy. Director, S.I.E. to the post of “Assistant Director of Education”, Group ‘A’ Gazetted in Level-12

of Pay Matrix of VII Pay Commission+ 02 (two non compounded increment on initial pay on regular basis

under this Directorate with immediate effect.

1.

Shri Jose Francisco Gomes.

2.

Shri Jaiwant Waman Naik.

3.

Kum. Geraldina Luiza Mendes.

They shall give in writing their acceptance/refusal of above promotion to this Directorate within 10 days

from the date of issue of this order, failing which, it will be treated as refusal of promotion by the promotee

officer and such promotee officer shall be debarred for promotion for a period of one year from the date

of refusal of promotion or till next vacancy arises whichever is later, without any further intimation.

They shall exercise option for fixation of pay in terms of F.R. 22(I) (a) (1) within one month from the date

of issue of this order.

———uuu———

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

906

Consequent upon the above promotion, the posting on promotion is ordered as below:-

Sr.

Name of the

Present place

Place of posting

No.

Officer

of posting

on promotion

1. Shri Jose Francisco Gomes

Principal, Government Multipurpose

Assistant Director of Education,

Higher Secondary School,

Central Educational Zone, Panaji

Borda, Margao

against vacant post.

2. Shri Jaiwant Waman Naik

Vocational Education Officer of

Assistant Director of Education,

this Directorate

North Educational Zone, Mapusa

against vacant post.

3. Kum. Geraldina Luiza Mendes

Joint Secretary, Goa Board of

Assistant Director of Education,

Secondary and Higher

Adult Section of this Directorate

Secondary Education,

thereby relieving Shri Manoj

Porvorim-Goa

Sawaikar from additional charge.

Shri Jose Francisco Gomes, Assistant Director of Education, shall continue to hold the charge of Principal,

Government Multipurpose Higher Secondary School, Borda, Margao until further orders.

Kum. Geraldina Luiza Mendes shall hold the additional charge of Joint Secretary, Goa Board of Secondary

and Higher Secondary Education, Porvorim-Goa in addition to her own duties.

They shall report to the place of posting immediately.

This issues with the approval of Government vide U.O. No. 7917/F dated 01-12-2021.

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

Nagaraj G. Honnekeri, Director & ex officio Joint Secretary (Education).

Porvorim, 27th December, 2021.

———u———

Directorate of Technical Education

College Section

___

Order

No. 16/289/CAS/Degree/DTE/2012/3142

On the recommendations of the Departmental Promotion Committee constituted vide Government

Order No. DTE/Estt/I-9-II/Pay – Fix/2009/4310 dated 10-10-2011 for implementing the Career Advancement

Scheme (CAS) as per the recommendations of AICTE accepted by the Government vide order No. DTE/

/Estt/I-9-II/Pay Fixation/2009/273 dated 27-01-2011 and order No. 17/2/58/2010/Vol.VI/DTE/Part-III/194

dated 27-04-2021, approval of the Government is hereby conveyed to Grant Pay Level 14 (Pre-revised

Academic Grade pay of Rs.10,000/- in the Pay Scale of Rs. 37,400 - 67,000) and re-designation as Professor

from the date of grant of CAS, to the following Associate Professor of Goa College of Engineering,

Farmagudi, Ponda-Goa.

Sr. No.

Name

Department

Date of CAS

1.

Nisha P. Naik

Associate Professor in Civil Engineering,

06-04-2018.

Goa College of Engineering

2.

Nitesh B. Guinde

Associate Professor in Electr. & Tele Com.

18-8-2017.

Engineering, Goa College of Engineering

3.

Mahesh Dhawalikar

Associate Professor in Mechanical

28-08-2017.

Engineering, Goa College of Engineering

4.

Sumitra S. Tari

Associate Professor in Civil Engineering,

12-04-2018.

Khandolkar

Goa College of Engineering

With the placement of the faculty to the higher level of Pay, the respective posts, the above faculty are

currently holding stands temporarily upgraded for the sole purpose of placement of the existing faculty

to the higher level of Pay. These posts shall stand reverted to the original posts, level of Pay, once the

faculty cease to occupy the upgraded posts.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

907

The above employee may exercise an option if so desire within one month from the date of issue of

the order for fixing his pay.

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

Dr. Vivek B. Kamat, Director & ex officio Addl. Secretary (Technical Education).

Porvorim, 21st December, 2021.

_______

Order

No. 16/289/CAS/Degree/DTE/2012/3145

On the recommendations of the Departmental Promotion Committee constituted vide Government Order

No. DTE/Estt/I-9-II/Pay - Fix/2009/4310 dated 10-10-2011 for implementing the Career Advancement Scheme

(CAS) as per the recommendations of AICTE accepted by the Government vide order No. DTE/Estt/I-9-II/

/Pay Fixation/2009/273 dated 27-01-2011 and order No. 17/2/58/2010/Vol.VI/DTE/Part III/194 dated

27-04-2021, approval of the Government is hereby conveyed to Grant Pay Level 11 (pre-revised Academic

Grade Pay of Rs. 7000/- in the Pay Scale of Rs. 15,600 - 39,100), to the following Assistant Professors of Goa

College of Pharmacy, Panaji, Goa.

Sr. No.

Name

Department

Date of CAS

1.

Nutan L. Naik

Asst. Prof. in Pharmaceutical Chemistry,

25-02-2019.

Goa College of Pharmacy

2.

Rahul S. Chodankar

Asst. Prof. in Pharmaceutical Chemistry,

21-02-2019.

Goa College of Pharmacy

3.

Liesl Maria Fernandes

Asst. Prof. in Pharmacology, Goa College

21-02-2019.

of Pharmacy

4.

Asmita S. Arondekar

Asst. Prof. in Pharmacology, Goa College

11-09-2016.

@Korgoankar

of Pharmacy

5.

Rohan Ramesh Prabhu

Asst. Prof. in Pharmaceutics, Goa College

21-02-2019.

of Pharmacy

With the placement of the faculty to the higher level of Pay, the respective posts, the above faculty are

currently holding stands temporarily upgraded for the sole purpose of placement of the existing faculty

to the higher level of Pay. These posts shall stand reverted to the original posts, level of Pay, once the

faculty cease to occupy the upgraded posts.

The above employees may exercise an option if so desire within one month from the date of issue of

the order for fixing his/her pay.

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

Dr. Vivek B. Kamat, Director & ex officio Addl. Secretary (Technical Education).

Porvorim, 21st December, 2021.

_______

Order

No. 16/289/CAS/Degree/DTE/2012/3146

On the recommendations of the Departmental Promotion Committee constituted vide Government Order

No. DTE/Estt/I-9-II/Pay – Fix/2009/4310 dated 10-10-2011 for implementing the Career Advancement Scheme

(CAS) as per the recommendations of AICTE accepted by the Government vide order No. DTE/Estt/I-9-II/

/Pay Fixation/2009/273 dated 27-01-2011 and order No. 17/2/58/2010/Vol.VI/DTE/Part-III/194 dated

27-04-2021, approval of the Government is hereby conveyed to Grant Pay Level 12 (Pre-revised Academic

Grade Pay of Rs. 8000/- in the Pay Scale of Rs. 15,600 - 39,100), to the following Assistant Professors of Goa

College of Pharmacy, Panaji, Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

908

Sr. No.

Name

Department

Date of CAS

1.

Mythili Krishna

Asst. Prof. in Pharmacognosy, Goa College of

23-08-2019.

Jeedigunta

Pharmacy

2.

Vaibhav V. Potdar

Asst. Prof. in Inorganic Chemistry, Goa College

25-06-2019.

of Pharmacy

3.

Sachi S. Kudchadkar

Asst. Prof. in Pharmaceutical Analysis, Goa

23-06-2018.

College of Pharmacy

4.

Vithal R. Bhandare

Asst. Prof. in Organic Chemistry, Goa College

14-08-2018.

of Pharmacy

With the placement of the faculty to the higher level of Pay, the respective posts, the above faculty are

currently holding stands temporarily upgraded for the sole purpose of placement of the existing faculty

to the higher level of Pay. These posts shall stand reverted to the original posts, level of Pay, once the

faculty cease to occupy the upgraded posts.

The above employees may exercise an option if so desire within one month from the date of issue of

the order for fixing his/her pay.

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

Dr. Vivek B. Kamat, Director & ex officio Addl. Secretary (Technical Education).

Porvorim, 21st December, 2021.

_______

Order

No. 16/289/CAS/Degree/DTE/2012/3147

On the recommendations of the Departmental Promotion Committee constituted vide Government Order

No. DTE/Estt/I-9-II/Pay - Fix/2009/4310 dated 10-10-2011 for implementing the Career Advancement Scheme

(CAS) as per the recommendations of AICTE accepted by the Government vide order No. DTE/Estt/I-9-II/

/Pay Fixation/2009/273 dated 27-01-2011 and order No. 17/2/58/2010/Vol. VI/DTE/Part III/194 dated

27-04-2021, approval of the Government is hereby conveyed to Grant Pay Level 11 (Pre-revised Academic

Grade Pay of Rs. 7000/- in the Pay Scale of Rs. 15,600 - 39,100), to the following Assistant Professors of Goa

College of Engineering, Farmagudi, Ponda-Goa.

Sr. No.

Name

Department

Date of CAS

1.

Milind Lui Fernandes

Assistant Professor in Electronics & Tele Com.,

14-08-2018.

Goa College of Engineering

2.

Deepali M. Raikar

Assistant Professor in Information Technology,

22-09-2019.

Goa College of Engineering

3.

Teslin Jacob

Assistant Professor in Computer Engg., Goa

26-12-2019.

College of Engineering

4.

Mario Pinto

Assistant Professor in Information Technology,

01-10-2019.

Goa College of Engineering

5.

Megha G. Nayak

Assistant Professor in Information Technology,

13-10-2019.

Goa College of Engineering

6.

Siddhi P. Naik

Assistant Professor in Information Technology,

22-09-2019.

Goa College of Engineering

7.

Geeta S. Shet

Assistant Professor in Electronics & Tele Com.,

10-11-2019.

Goa College of Engineering

8.

Sherica Lavinia

Assistant Professor in Computer Engineering,

05-11-2019.

Menezes

Goa College of Engineering

9.

Melina Maria Afonso

Assistant Professor in Computer Engineering,

03-11-2019.

Goa College of Engineering

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

909

1

2

3

4

10.

Purti R. Savardekar

Assistant Professor in Electronics & Tele Com.,

27-10-2019.

Goa College of Engineering

11.

Shruti N. Pednekar

Assistant Professor in Computer Engineering,

25-11-2019.

alias Shruti G. Naik

Goa College of Engineering

12.

Sayeesh D. Habbu

Assistant Professor in Sc. & Hum., Goa College

13-07-2019.

of Engineering

With the placement of the faculty to the higher level of pay, the respective posts, the above faculty

are currently holding stands temporarily upgraded for the sole purpose of placement of the existing

faculty to the higher level of Pay. These posts shall stand reverted to the original posts, level of pay, once

the faculty cease to occupy the upgraded posts.

The above employees may exercise an option if so desire within one month from the date of issue of

the order for fixing his/her pay.

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

Dr. Vivek B. Kamat, Director & ex officio Addl. Secretary (Technical Education).

Porvorim, 21st December, 2021.

_______

Order

No. 16/393/MACPS/DTE/2015/3149

On the recommendation of Screening Committee constituted vide O.M. No. 2/7/2017-PER/900 dated

05-04-2021, approval of the Government vide U. O. No. 7919/F dated 10-12-2021 is hereby accorded for grant

of 01st “Modified Assured Career Progression Scheme” (MACPS) to below mentioned Group ‘A’ Gazetted

Officer of Goa College of Architecture in the pay scale and date, as shown in the table below.

Sr. No.

Name and Designation

Date of initial

Present pay scale

Date of grant of

Pay Scale granted

appointment

01st MACPS

1.

Victor C X D’Souza,

06-08-2010

Level 10

06-08-2020

Level 11

System Analyst, Goa

College of Architecture

The above employees may exercise an option if so desire within one month from the date of issue of the

order for fixing his/her pay in the M.A.C.P. Scheme scale.

The expenditure on their pay and allowance shall be debited to the Budget Head under which their

salary is drawn.

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

Dr. Vivek B. Kamat, Director & ex officio Additional Secretary (Technical Education).

Porvorim, 21st December, 2021.

______

Order

No. 16/557/PF/SBB/GEC/DTE/21/3250

Read: 1)

Memorandum No. 16/250/C&R of Posts of GEC/DTE/10/Pt.II/2261 dated 07-12-2021.

2)

Order No. 16/139/Filling up Post/GEC//DTE/03-04/PF III/2239 dated 12-12-2006.

On the recommendations of Goa Public Service Commission conveyed vide their letter No. COM/I/

/5/18(1)/2019/438 dated 19-11-2021, Government is pleased to appoint Shri Samarth Bhagirath Borker on

temporary basis to the post of Associate Professor in Electrical and Electronics Engineering (Group ‘A’

Gazetted) at Goa College of Engineering, Farmagudi, Ponda-Goa on an initial pay at Level 13 A1 [i.e. initial

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

910

pay of Rs. 37,400/- (pre-revised) in the Pay Scale of Rs. 37,400 - 67,000/- (pre-revised) (PB-4) +Academic

Grade Pay of Rs. 9,000/- (pre-revised)] as per the terms & conditions contained in the Memorandum cited

above.

His pay may be fixed as per rules.

The appointment is against the post of Associate Professor in Electrical and Electronics Engineering

vacated by Shri Shirish B. Karapurkar w.e.f. 27-02-2020.

Shri Samarth Bhagirath Borker will be on probation for a period of two years.

He should join duties within 30 days of the receipt of this order, failing which this order is liable to be

cancelled without further notice.

He has been declared fit by Medical Board, Goa Medical College & Hospital, Bambolim and his

character and antecedents have been verified and nothing adverse is reported against him during his

selection as Lecturer in Electronics and Telecommunication Engineering in Goa College of Engineering,

Farmagudi, Ponda-Goa.

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

Dr. Vivek B. Kamat, Director & ex officio Addl. Secretary (Tech. Education).

Porvorim, 29th December, 2021.

———uuu———

Department of Environment & Climate Change

___

Notification

No. 31-9-2017/STE-DIR/Part-I/1060

In exercise of the powers conferred by sub-sections (1) and (2) of Section 4 of the Water (Prevention and

Control of Pollution) Act, 1974 (Central Act 6 of 1974), the Government of Goa is pleased to re-constitute the

Goa State Pollution Control Board (GSPCB) for the period of three years from the date of notification in Official

Gazette. The composition of the Board shall be as follows:-

1.

Mr. Mahesh K. Patil

—

Chairman.

2.

Director, Industries, Trade & Commerce

—

Member.

3.

Chief Engineer, Water Resources Department

—

Member.

4.

Director, Food & Drugs Administration

—

Member.

5.

Chief Inspector of Factories & Boilers

—

Member.

6.

Director, Directorate of Health Services

—

Member.

7.

Shri Shawn Brian Martins, Panch Member, V.P. Calangute

—

Member.

8.

Shri Shubham Chodankar, Corporator, Corporation City of Panaji

—

Member.

9.

Smt. Unnati Sahastrabhudhe, Panch Member, V.P. Velguem

—

Member.

10.

Shri Ashirwad T.. Khorjuvekar, Councilor, Mapusa Municipal Council

—

Member.

11.

Shri Pradip K. Naik, Councilor, Curchorem Cacora Municipal Council

—

Member.

12.

President, Confederation of Indian Industries (CII)

—

Member.

13.

President, Goa Chamber of Commerce and Industries (GCCI)

—

Member.

14.

President, Travel & Tourism Association of Goa (TTAG)

—

Member.

15.

Managing Director, Goa State Infrastructure Development Corporation

—

Member.

16.

Managing Director, Goa Waste Management Corporation

—

Member.

17.

Dr. Shamila Monteiro

—

Member

Secretary.

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

Dasharath M. Redkar, Director & ex officio Jt. Secretary (Environment & Climate Change).

Panaji, 5th January, 2022.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

911

Department of Home

Home—General Division

__

Order

No. 20/26/66-HD(G)/Vol. IV/DSW/4286

Sanction of the Government is hereby accorded to incur an expenditure of Rs. 3,79,000/- (Rupees Three

lakhs seventy nine thousand only) towards payment in cash in lieu of land grant for the Post Independence

Gallantry/Non-Gallantry award winners to the following 22 awardees by the Department of Sainik Welfare.

List of Gallantry/Non-Gallantry Award Winners, 2020-21.

Sr. No.

Name of Awardees

Award

Total Annuity

1.

Late Wg Cdr V B Sawardekar

KC - 55000/-

60000/-

Widow

(Smt. Asha V. Sawardekar)

AVSM - 5000/-

2.

General S.F. Rodrigues

PVSM - 6000/-

9000/-

VSM - 3000/-

3.

Late Cdr Noel Kelman (Retd.)

KC - 55000/-

55000/-

Widow

(expired), (Smt. Patricia Kelman)

4.

Late Air Mshl C S Naik (Retd.)

PVSM - 6000/-

14000/-

Widow

(expired), (Smt. Teresa Maria Naik)

AVSM - 5000/-

VSM - 3000/-

5.

Vice Adm John D’Silva (Retd.)

PVSM - 6000/-

11000/-

Widow

(expired) (Smt. Meena DeSilva)

AVSM - 5000/-

6.

Rear Adm P.A. Debrass (Retd.)

AVSM - 5000/-

12000/-

NM (G) - 7000/-

7.

Maj Gen (Mrs.) G A Saha (Retd.)

AVSM- 5000/-

8000/-

VSM- 3000/-

8.

Cmde K P Mathew (Retd.)

AVSM - 5000/-

5000/-

9.

Brig Ian da Costa (Retd.)

VSM - 3000/-

3000/-

10.

Wg Cdr Cecil Barretto (Retd.)

VSM - 3000/-

3000/-

11.

CPO Nathu Singh Tomar

NM(G) - 7000/-

7000/-

12.

Hony Sub Lt Kans Raj

NM(G) - 7000/-

7000/-

13.

Late Spr Ramchandra S. Shinde

SC - 35000/-

35000/-

Mother

(Smt. Tarabai S. Shinde)

14.

Gp. Capt C A Dalton (Retd.)

VM(G) -7000/-

7000/-

15.

Late Lt. Narendra A. Mayekar

KC - 55000/-

55000/-

Widow

(Smt. Neha N. Mayekar)

16.

Maj. Gen Pakala Venkateswarlu (Retd.)

AVSM - 5000/-

8000/-

VSM - 3000/-

17.

Admiral Sureesh Mehta (Retd.)

PVSM - 6000/-

11000/-

AVSM - 5000/-

18.

Air Vice Marshal Giles Gomez (Retd.)

VSM - 3000/-

3000/-

19.

Col I.J. Crasto (Retd.)

KC - 55000/-

55000/-

20.

Brig. Sanjay Kumar Vidyarthi

SM - 2500/-

2500/-

21.

Brig. Anil John Alfred Pereira

SM - 2500/-

2500/-

22.

Lt. Gen C A Barretto (Retd.),

PVSM - 6000/-

6000/-

Miss Lianne Julie Barretto

Rs. 3,79,000/-

(Rupees Three lakhs seventy nine thousand only).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

912

[KC-Kirti Chakra, AVSM-Ati Vishist Seva Medal,

PVSM-Param Vishist Seva Medal, VSM-Vishist Seva

Medal, NM (G)-Nausena Medal (Gallantry), SC-

Shaurya Chakra, VM(G)-Vayu Sena Medal, SM-Sena

Medal].

All the award winners have to be paid one time

cash and cash in lieu of land once in a year

(Annually).

The expenditure shall be debited to Budget

Head: 2235 — Social Security & Welfare, 60 —

Other Social Security & Welfare Prog., 200 — Other

Programmes, 05 — Cash Grant/Cash in lieu of Land

Grant for the Post Independence Gallantry, 32 —

Contribution.

The amount will be drawn and disbursed by the

Secretary, Department of Sainik Welfare, Panaji-Goa.

This issues with the concurrence of Finance

(Exp.) Department vide their U.O. No. 1400068587

dated 30-11-2021.

By order and in the name of the Governor of

Goa.

Girish G. Sawant, Under Secretary (Home-II).

Porvorim, 23rd December, 2021.

_______

Order

No. 24/31/2014-HD(G)/P/4356

Read:

Memorandum No. 24/31/2014-HD(G)/442

dated 11-02-2021.

On the recommendation of the Goa Public Service

Commission, as conveyed vide their letter No. COM/

/I/5/58(1)/2020/873 dated 29-12-2020, the

Government is pleased to appoint Shri Narendra

Arjun Velip on provisional basis, to the post of

Assistant Public Prosecutor (Group ‘A’ Gazetted) in

the Directorate of Prosecution in Level-10 of the Pay

Matrix. His pay will be fixed in accordance with

CCS (Revised Pay) Rules, 2016. His appointment is

further subject, to the following conditions:

1. The final outcome of the criminal case

No. 21/5/2017/B pending for trial before

JMFC, Quepem.

2. The candidate has been declared medically

fit by the Medical Board and his character

and antecedents has been verified.

3. The candidate shall be on probation for a

period of two years with effect from his date

of joining.

4. The pay and allowances of the above

candidate shall be debited to the Budget

Head controlled by the Directorate of

Prosecution wherever he is posted from time

to time.

5. The candidate shall join his duties in the

Directorate of Prosecution with immediate

effect subject to the decision of the court

resulting in acquittal/conviction in the

criminal case.

By order and in the name of the Governor of

Goa.

Girish G. Sawant, Under Secretary (Home-II).

Porvorim, 30th December, 2021.

———uuu———

Department of Labour

__

Order

No. 28/37/2021-LAB/635

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. GVK EMRI (Emergency

Management & Research Institution), 1st Floor,

Block No. 05, Old Library Block, Goa Medical

College, Bambolim, Goa and their workmen, 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 action of the management of

M/s. GVK EMRI (Emergency Management &

Research Institution), 1st Floor, Block No. 05, Old

Library Block, Goa Medical College, Bambolim,

Goa in terminating the services of following 12

workmen, is legal and justified?

Names of Workmen

(1)

Ramu Vithu Shelko.

(2)

Sameer Zilu Gaonkar.

(3)

Shavesh Gaonkar.

(4)

Gajanan Usapkar.

(5)

Yeshwant Naik.

(6)

Keshav Govekar.

(7)

Pravin Naik.

(8)

Shamrao S. Jadhav.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

913

(9)

Sagun Varak.

(10) Eshan Naik.

(11) Mohit Chari.

(12) Ms. Pranaya Chari.

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

entitled?”

By order and in the name of the Governor of

Goa.

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

Porvorim, 28th December, 2021.

_______

Notification

No. 28/2/2021-LAB/Part-II/425

The following Award passed by the Labour

Court-II, at Panaji-Goa on 23-07-2021 in Case No.

Ref. LC-II/C-IT/03/20 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, 31st August, 2021.

______

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. LC-II/C-IT/03/20

Shri Sunil Chauhan,

R/o. H. No. 103, Swarkar Nagar,

Sasmolem, Baina,

Vasco-da-Gama, Goa

….. Workman/Party-I

V/s

M/s. High Street Cruises and

Entertainment Pvt. Ltd.,

Panaji-Goa

…. Employer/Party-II

Workman/Party-I present in person.

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

Chawdikar.

Panaji, Dated: 23-07-2021.

AWARD

1. This Award shall dispose off the complaint

filed by the Party I u/s 33-A of the I.D. Act, 1947.

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

‘Party I’), in brief as pleaded are that he was working

in the establishment of the Employer. He stated

that he was thrown out allegedly without any notice

by the Employer as he filed a complaint against the

Employer in the office of the Commissioner, Labour

and Employment, Panaji-Goa, vide his letter dated

20-05-2016. He stated that the Employer issued him

show cause cum suspension letter, vide letter dated

25-07-2016 as per law as alleged by the Employer.

He stated that the Employer also issued him a

charge-sheet cum notice of enquiry under letter

dated 20-08-2016 as per the model standing orders

applicable to them. He stated that a conciliation

proceedings was in the process in the office of

Commissioner, Labour and Employment, Panaji, Goa

in the matter of the issues, he was dismissed from

service pending conciliation proceedings without

permission of the said Conciliation Officer. He

submitted that the said action of the Employer is in

violation of Section 33 (1) of the I.D. Act, 1947. He

stated that he filed a complaint on 02-03-2017 for

stopping his subsistence allowance and also for

punishment of dismissal, pending conciliation

proceedings before any judgment by the office of

Commissioner, Labour and Employment, Panaji-Goa.

He stated that he has filed his claim statement as

well as his affidavit in evidence in the reference

bearing case No. LC-II/IT/14/2017, pending before

this Hon’ble Court. He stated that his complaint of

issues dated 20-05-2016, as well as complaint for

illegally throwing him out from service without any

notice by the Employer and for punishment of

dismissal in pending conciliation proceedings

before any judgment from the office of Commissioner,

Labour and Employment, Panaji, Goa caused an

industrial dispute. He stated that the said

conciliation proceedings ended in failure. He stated

that the appropriate Government has referred the

said industrial dispute to this Labour Court II, which

has been numbered as LC-II/IT/14/2017 and pending

for its adjudication. He submitted that the

principles of natural justice, Industrial Employment

(Standing Orders) Act, 1946 is applicable to the

Employer and the said act is extended to the Goa

Daman and Diu by Regulation 12 of 1962. He stated

that the employer has failed to give him service

conditions which caused grave prejudice to his life

and liberty. The Workman therefore prayed for an

order directing the Employer for the payment of

full back wages, allowances, tips etc. as per law

since July, 2016 till date and for payment in further

continuation. The Workman also prayed for an

appropriate order as deemed fit against the

Employer for violation of Section 33 (1) of the I.D.

Act, 1947.

3. The Employer resisted the claim of the

Workman by filing his reply dated 03-02-2020 at

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Exb. 4. The Employer, as and by way of its

preliminary objections, submitted that the present

complaint filed by the Party I cannot be construed

as an ‘Industrial Dispute’ as defined u/s 2 (k) of the

I.D. Act, 1947, that the present application filed by

the party I with malafide intentions, with ulterior

motives and as such the claim be dismissed with

limine, that the present application filed by the

Party I is bad-in-law and not maintainable, that the

Party I was appointed as management of the

Employer as “Sr. Casino Dealer” in supervisory

cadre, that duties discharged by him are purely of

a supervisory nature and he cannot be construed

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

that the Party I performed essentially and

pre-dominantly supervisory, managerial and

administrative functions, his duties and functions

and his exercise of powers over the subordinates

excludes him from the purview of the definition of

the ‘workman’ under the I.D. Act, 1947. The

Employer submitted that the grades, scales and

allowances applicable to the Party I were of

management cadre and as such this Hon’ble Court

does not have the jurisdiction to entertain present

petition.

4. Without prejudice to aforesaid submissions,

the Employer stated that it is a company duly

incorporated under the Indian Companies Act,

having its office at Fisheries Building, Panaji-Goa.

The Employer stated that the services of the Party I

were terminated by them and therefore the present

petition filed by the Party I does not deserve any

consideration of this Hon’ble Court. The Employer

submitted that the Party I has filed the present

petition without any use of action with an intension

to extract money from them and to pressurize and

harass them. The Employer submitted that there

are ongoing proceedings before this Hon’ble Court

and the Party I has filed the present petition u/s 33-A

of the I.D. Act, 1947 claiming full back wages,

allowances, tips etc. after termination of his

services. The Employer submitted that the Party I

has also filed one more separate complaint u/s 10-

A of Industrial Employment (Standing Orders) Act,

1946 which is not maintainable and that the Party

I is in habit of filing such frivolous complaints and

applications. The Employer submitted that the Party

I has filed separate application u/s 10-A of Industrial

Employment (Standing Orders) Act, 1946 claiming

subsistence allowance till date and whereas

simultaneously, also filed the present petition

u/s 33-A of the I.D. Act, 1947 claiming full back

wages, allowances etc. after termination of his

services for the same period. This implies that the

Party I not only dragging them in frivolous and

futile litigations but also wasting precious time of

this Hon’ble Court. The Employer submitted that

both the petitions filed by the Party I cannot be

entertained as the same are filed in violation of

separate procedure laid down under Industrial

Disputes Act, and as such deserves to be dismissed

with exemplary costs. The Employer submitted that

the management had followed the proper procedure

with due regards to the principles of natural justice

in case of the Party I. The Employer submitted that

the management had even conducted enquiry as

an abundant caution, though it was not mandatory

under the law considering the fact that the Party I

is not a ‘workman’ as defined u/s 2 (s) of the I.D.

Act, 1947. The Employer submitted that they have

taken appropriate decision in the matter of the Party I

after conclusion of the enquiry proceedings held

against him and their decision is perfectly legal,

just and in accordance with law.

5. The Employer stated that the Party I was

involved in several acts of misconducts during his

service tenure. The Employer stated that they have

afforded him several opportunities to improve his

behavioural and other related issues at the work

place. The Employer stated that the Party I was

placed under suspension vide suspension letter

dated 25-07-2016. The Employer stated that he was

regularly paid subsistence allowances as per law.

The Employer stated that subsequently, charge

sheet-cum-notice of enquiry dated 20-08-2016 was

also issued to the Party I. The Employer stated that

have instituted an enquiry by appointing Mr.

Prashant Agarwal, an advocate, as an Enquiry

Officer to conduct an impartial enquiry. The

Employer stated that accordingly, an enquiry was

conducted by an impartial and competent Enquiry

Officer. The Employer stated that the enquiry has

been conducted by the said Enquiry Officer in

accordance with the principles of natural justice.

The Employer submitted that the Party I was given

every conceivable opportunity to participate and

present his case during the enquiry. The Employer

stated that after the conclusion of the enquiry, the

Enquiry Officer submitted his findings dated

07-12-2016 holding Mr. Sunil Chauhan i.e. Party I

guilty of charges levelled against him. The Employer

stated that the Employer perused the charges, the

proceedings of the enquiry and the findings of the

Enquiry Officer and concluded that the enquiry

has been conducted in accordance with the

principles of natural justice and the findings of the

Enquiry Officer are fair, proper and based on

evidence on record. The Employer stated that it

can be seen that the Enquiry Officer has given his

reasoned findings. It. can be also seen from the

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915

records that the charges levelled against the

Party I has been proved in the enquiry as there is

sufficient evidence on record against him to hold

him guilty of the charges mentioned in the charge-

sheet. The Employer stated that considering the

gravity of proved misconducts and past records,

they dismissed the Party I from its services, vide

dismissal letter dated 22-12-2016. The Employer

stated that they paid the Party I all his legal dues

including entire subsistence allowances payable

as per law which has been duly accepted by him.

The Employer stated that the management

states that the termination of services of Mr. Sunil

Chauhan is therefore legal and justified and hence,

he is not entitle for any reliefs as claimed by him

before this Hon’ble Court. The Employer stated that

the Party I is definitely not entitled to claim any

back wages, allowances, tips etc. in the present

proceedings.

6. Without prejudice to the above, the Employer

stated that it has conducted the disciplinary

enquiry against the Party I by following all the

legal procedures under the Industrial Disputes Act

as an abundant caution. The employer stated that

after concluding the enquiry, the services of the

Party I were terminated by following the legal

process and all the legal dues were paid to him.

The Employer submitted that the Party I was also

paid the subsistence allowances till the date of

termination of his services and as such there is no

employer-employee relationship survives between

them and the Party I. The Employer finally denied

the case of Party I as pleaded by him and prayed for

dismissal of the present complaint filed by him.

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

10-02-2021 at Exb. 5. By way of said re-joinder, the

Party I confirms and reiterates all his submissions,

averments and statements made in his slaim

statement to be correct and true and denies all the

statements, averments and submissions made by

the Employer in its written statement which are

contrary to his Statement and averments made in

his claim statement. The Party I submitted that the

Employer conducted illegal domestic enquiry in the

name of model standing orders, but in fact the

Employer has not certified its model standing

orders. He submitted that the Employer conducted

the domestic enquiry, when the conciliation

proceedings was in the process in the office of

Commissioner, Labour and Employment, Panaji-Goa.

He submitted that the Employer has malafidely and

with colourable exercise misused the procedure of

domestic enquiry. He submitted that the Employer

does not believe in following any rules, laws and

procedures in its establishment and following the

aggressive cost cutting company policies which

effects the life and liberty of the employees and the

Employer have no respect or even fear of law. He

stated that no transfer letter, appointment letter,

salary statement and promotion letter was given

showing that he belongs to the supervisory cadre,

managerial and administrative.

8. This Court framed following issues on

23-02-2021 at Exb. 11. The said issues have been

up-dated on 17-03-2021 at Exb.18 on account of

amendment to the written statement by the Employer.

1. Whether the Workman/Party I proves that he

is a ‘workman’ within the meaning of Section

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

2. Whether the Workman/Party I proves that

the Employer contravened the provisions of

Section 33 of the I.D. Act, 1947 pending a

reference bearing No. LC-II/IT/14/17 before

this Labour Court II?

3. Whether the Employer/Party II proves that

the present complaint filed by the Workman

is liable to be dismissed in view of

preliminary objections raised by them in para

a, b and c of its written statement?

4. Whether the Workman/Party-I is entitled to

any relief?

5. What order? What award?

9. My answers to the aforesaid issues are as under:

(a) Issue No. 1

:

In the negative.

(b) Issue No. 2

:

In the negative.

(c) Issue No. 3

:

In the affirmative.

(d) Issue No. 4 and 5

:

As per final order.

The Party I as well as Ld. Adv. Shri P. Chawdikar

filed their synopsis of written arguments

respectively. I have carefully perused the entire

records of the present case including the synopsis

of written submissions filed by the respective

parties hereinabove and is of the opinion as under:

REASONS

Issue No. 1:

10. As the Employer denied that the Party I is a

‘workman’ within the meaning of section 2 (s) of the

I.D. Act, 1947, the burden was cast on the Party I

to prove that he is a ‘workman’ within the meaning

of Section 2 (s) of the I.D. Act, 1947. It is therefore

necessary to refer to the definition of the ‘workman’

as defined u/s 2 (s) of the I.D. Act, 1947.

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

term ‘workman’ and it means “any person

(including an apprentice) employed in any

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industry to do any manual, unskilled, skilled,

technical, operational, clerical or supervisory work

for hire or reward, whether the terms of

employment be expressed or implied and for the

purposes of any proceedings under this act in

relation to an industrial dispute, includes any

such person who has been dismissed, discharged

or retrenched in connection with or a

consequence of that dispute or dismissal,

discharge or retrenchment has led to that

dispute, but does not include any such person:

(1) who is subject to the AIR Force Act, 1950 (45

of 1950) or the Army Act, 1950 (46 of 1950) or

the Navy Act, 1957 (62 of 1957) or

(2) who is employed in the police service or as an

Officer or other employee of a prison or

(3) who is employed mainly in a managerial or

administrative capacity

(4) who, being employed in a supervisory capacity

draws wages exceeding Rs. 1,600/- per

mensem or exercises either by the nature of

the duties attached to the office or by reason

of the powers vested in him, functions mainly

of a managerial nature.”

Thus, from the bare reading of definition of

“Workman” under the I. D. Act, 1947, it is clear that

in order to prove the concerned employee is a

‘Workman’ or not within the meaning of the said

act, he/she must prove that he/she was employed

in an ‘Industry’ as defined under the said Act and

secondly he/she was employed to perform any of

the work such as to do any manual, unskilled,

skilled, technical, operational, clerical or supervisory

work for hire or reward.

11. In the case of H. R. Adyanthaya v/s Sandoz

(I) Ltd. reported in 1994 (69) FLR 593, the Hon’ble

Supreme Court of India held that “a person claiming

to be a Workman under the I. D. Act, 1947 must

show that he was employed to do the work of any

of the category which of manual, unskilled, skilled,

technical, operational, clerical or supervisory and that

is not enough that he was not covered by either of

the four exceptions to the definition of the Workman.”

12. In the case of Management of M/s Sonepat

Co-operative Sugar Mills Ltd. v/s Ajit Singh

reported in 2005 LAB IC 1315, the Hon’ble Supreme

Court of India observed that “the question as to

whether the Employee has been performing a clerical

work or not is required to be determined upon

arriving at the findings as regards the dominant

nature of duty with a view to give effect to the

expression to do “any manual, unskilled, skilled,

technical, operational, clerical or supervisory work”,

the job of the concerned employee must fall within

one or other category thereof It would therefore not

be correct to contend that merely because the

employee had not been performing any managerial

or supervisory duties, ipso facto, he would be a

Workman”.

The principle laid down by the Hon’ble Apex

Court in its aforesaid both judgments is well

recognized.

13. Thus, it is crystal clear that the employee

must prove that he was performing the duties of

manual, unskilled, skilled, technical, operational,

clerical or supervisory work and it is not sufficient

to prove that the concerned employee was not

falling in any of the exceptional category i.e.

administrative, managerial and/or supervisory in

nature and drawing a salary of more than Rs.

7,500/- p.m. It is well settled law that whether a

person is a ‘workman’ or not as defined u/s 2 (s) of

the I. D. Act, 1947 has to be decided on the basis

of the predominant nature of duties performed by

concerned person at the relevant time, it cannot

lay down any straight jacket formula.

14. In the case of Shankar Chakrawarti v/s

Britannia Biscuits Co. Ltd. reported in 1979 SC

1652, the Hon’ble Supreme Court of India, has held

that “it is well settled principles of law that the

allegation which was not pleaded and even if the

evidence is adduced in that regards cannot be

examined because the other side has no notice of it

and if such evidence is entertained it would

tantamount to granting unfair advantage to the

Party who had not pleaded his case properly”.

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

Court in its aforesaid judgment is well settled and

applicable to the case in hand. In the case in hand,

it appears that the Party I was designated as

‘Sr. Casino Dealer’ at the time of dismissal from the

service of the Employer. The Party I was required to

plead his predominant nature of duties in his

pleadings i.e. his claim statement as well as re-

joinder and also prove the same, which he was

performing as a Sr. Casino Dealer, while working

with the Employer. Failure to plead his pre-dominant

nature of duties, the Party I failed to prove that he

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

1947. This finds merits in the written submissions

of Ld. Adv. Shri P. Chawdikar, representing the

Employer. Hence, it is held that the Party I failed to

prove that he is a ‘workman’ as defined u/s 2 (s) of

the I.D. Act, 1947. The issue No. 1 is therefore

answered in the negative.

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Issue No. 2:

16. The Party I claimed that the Employer violated

Section 33 (1) of the I.D. Act, 1947 and as such he

filed the present complaint u/s 33-A of the Act. The

burden was cast upon the Party I to prove the same.

The pre-conditions for violation of Section 33-A

of the I.D. Act is the contravention of Section 33 of

the I.D. Act, 1947. It is therefore necessary to refer

the Section 33 of the I. D. Act, 1947 and it reads as

under:

Section 33:

Conditions of service, etc. to remain unchanged

under certain circumstances during the pendency

of the proceedings:- (1) During the pendency of any

conciliation proceedings before a conciliation officer

or a Board of any proceedings before [an arbitrator

or] a Labour Court or Tribunal or National Tribunal

in respect of an industrial dispute, no employer

shall—

(a) in regard to any matter connected with the

dispute, alter, to the prejudice of the workmen

concerned in such dispute, the conditions of

service applicable to them immediately before

the commencement of such proceeding; or

(b) for any misconduct connected with the

dispute, discharge or punish, whether by

dismissal or otherwise, any workmen

concerned in such dispute;

save with the express permission in writing of

the authority before which the proceeding is

pending.

(2) During the pendency of any such proceeding

in respect of an industrial dispute, the employer may,

in accordance with the standing orders applicable

to a workman concerned in such dispute [or, where

there are no such standing-, orders, in accordance

with the terms of contract, whether express or

implied, between him and the workman]-

(a) alter, in regard to any matter not connected

with the dispute, the conditions of service

applicable to that workman immediately before

the commencement of such proceedings; or

(b) for any misconduct not connected with the

dispute, discharge or punish, whether by

dismissal or otherwise, that workman:

Provided that no such workman shall be

discharged or dismissed, unless he has been paid

wages for one month and an application has been

made by the employer to the authority before which

the proceeding is pending for approval of the action

taken by the employer.

(3) ................................................................................................

(4) ..............................................................................................

(5) where an employer makes an application to a

conciliation officer, Board, an arbitrator, a Labour

Court, Tribunal or National Tribunal under the

proviso to sub-section (2) for approval of the action

taken by him, the authority concerned shall, without

delay, hear such application and pass [within a

period of three months from the date of receipt of

such application], such order in relation thereto as it

deems fit].

[Provided that where any such authority considers

it necessary or expedient so to do, it may: for reasons

to be recorded in writing, extend such period by

such further period as it may think fit.

Provided further that no proceedings before any

such authority shall lapse merely on the ground that

any period specified in this sub-section had expired

without such proceedings being completed.]

17. Thus, the pre-condition of Section 33 (1) and

Section 33 (2) are as under:

(a) there should be a pendency of any

conciliation proceeding in respect of an

industrial dispute;

(b) the workman claiming protection should not

only be a ‘workman’ within the meaning of

Section 2(s), but he should also be a workman

concerned in the pending dispute;

(c) the alteration in question should have the

effect of making a change in the conditions

of service applicable to such workman which

were applicable to him immediately before

the commencement of such proceeding and

such alteration should be prejudicial to his

interest; and/or the action proposed to be

taken should be ‘discharge’ or ‘punishment’

whether by dismissal or otherwise;

(d) such alteration should be in regard to any

matter connected with the pending dispute

or such discharge or punishment should be

in regard to any misconduct connected with

the pending dispute.

18. In the case of Suresh Vithoo Nare v/s.

Dharamsi Moraji Chemicals, reported in 1991 (63)

FLR 359, the Hon’ble High Court of Bombay in para

4 of its judgment observed as under:

4. It was observed by the Hon’ble Division

Bench of this Court in East Asiatic and Allied

Companies v/s Shelke (B.L.) (1961) 1 LLJ 162 that

“It is the duty of the conciliation officer to

satisfy himself before undertaking conciliation

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proceedings as to whether the grievance which

the union has put forward is genuine or not.

Since the law confers a discretion upon the

conciliation officer whether he should enter

upon conciliation or not, it is only right and

proper that he should satisfy himself by all

means available to him about the propriety of

undertaking conciliation. If for satisfying

himself in this respect, he holds preliminary

discussions with the representatives of the

parties and even conveys proposals made by,

one of the parties to the other, it could not be

said that he has commenced conciliation

proceedings. He could do so to satisfy himself

as to whether there is any genuine dispute and

whether it is a matter in which he should

undertake conciliation.

These observations made by this Court also clearly

show that a mere issue of notice by the conciliation

officer does not amount to instituting a conciliation

proceeding. Again, a single Judge of this Court

(Jamdar, J.) in the case of Mahendra Gajanan Khasar

and Ors. v/s. Zonal Manager, Maharashtra State

Co-operative Marketing Federation Ltd. FLR 1984

(49) 232 had observed that even assuming that

sending a copy of the approach application to the

Assistant Commissioner of Labour amounts to

institution of conciliation proceedings, it would not

bar a complaint under the unfair labour practices

Act because as held above, conciliation proceedings,

under the ID. Act are not proceedings contemplated

by Section 59 of the Unfair Labour Practices Act

which would act as bar to subsequent proceedings

under the Unfair Labour Practices Act. Again, while

dealing with a similar contention, a Division Bench

of this court in Consolidated Pneumatic Tool Co.

(India) Ltd. v/s. R.A. Gadekar and Ors., FLR 1986

(52) 467 had observed.”

The principle laid down by the Hon’ble High

Court of Bombay in its aforesaid judgment is well

established and also applicable to the case in hand.

19. In the instant case, the Party I is required to

prove the aforesaid ingredient of Section 33 of the

I.D. Act by a cogent and reliable evidence. The

evidence on record indicates that the services of

the Party I were terminated by the Employer by

way of dismissal, vide letter dated 27-12-2016 (Exb.

27) and the said reference bearing No. LC-II/IT/14/

/17 is pending for its adjudication before this Labour

Court II. However, there is nothing on record to

prove that the Party I or any other person/union on

behalf of the Party I has raised an ‘industrial dispute’

which is pending before any conciliation authority

or a board or a Labour Court or Tribunal or National

Tribunal and/or that the Party I is concerned in any

of the pending alleged dispute. Merely alleging

that the Party I has filed a complaint of the Employer

to the office of the Commissioner, Labour and

Employment, Panaji, Goa pertaining to his alleged

issues does not fall within the meaning of ‘industrial

dispute’ as defined u/s 2 (k) of the I.D. Act, 1947.

There is nothing on record to show that the said

complaint of the Party I has been admitted by the

conciliation authority at any point of time. Thus,

the Party I has failed to prove that there is a

pendency of the industrial dispute before the

conciliation authority, Labour Court, Industrial

Tribunal or before any Arbitrator etc.

20. The Party I had summoned records and

proceeding of the alleged conciliation proceedings

held before the Asstt. Labour Commissioner (ALC)

and Conciliation Officer, Panaji, Goa. Neither the

Party I has produced on record the records and

proceedings of the said conciliation proceedings

held before ALC and conciliation Officer, Panaji,

Goa nor examined the said Conciliation Officer, so

as to read the said documents in evidence. Even

otherwise, upon careful perusal of the said records

and proceedings held before the ALC and

Conciliation Officer, Panaji, Goa, it appears that the

Party I had made a complaint of the Employer to

the Commissioner, Labour and Employment, Panaji,

Goa, pertaining to the inability to reply to his forty

queries/issues raised by him pertaining to the rights

of the employees working in the establishment of

the Employer, vide letter dated 20-05-2016. In

pursuance to the same, Ld. Conciliation Officer,

Panaji, Goa directed the Employer to file their

comments. The Employer also filed its comments.

There is nothing in the said file summoned from

the ALC and Conciliation Officer, Panaji, Goa that

an industrial dispute was raised by the Party I or

any other person/union oil behalf of the Party I and

that he is concerned with the said dispute. More so

ever, the alleged dispute has not been admitted in

the conciliation proceedings at any point of time.

Thus, the pendency of the said alleged conciliation

proceedings before the ALC and Conciliation Officer

cannot be said to be an ‘industrial dispute’ as

defined u/s 2 (k) of the I.D. Act, 1947.

Thus, the Party I failed to prove that the Employer

contravened Section 33 of the I.D. Act, 1947.

21. In the case of Stanley Mendex v/s Glovanola

Binny Ltd. and Ors., reported in (1968) II LLJ

470, the Hon’ble High Court of Kerala in para 5 of

its judgment has held as under:

“5. In a complaint made to the tribunal under

Section 33A, the primary question that falls to be

considered by tribunal is whether there has been a

contravention by the employer of the provisions of

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Section 33 of the Act, and it is only in case it is found

that there has, in fact, been such contravention that

occasion arises for the tribunal to embark upon a

further adjudication of the complaint on its merits;

in other words, the tribunal has to be satisfied

initially that there has, in fact, been a contravention

by the employer of the provisions of Section 33 by

effecting during the pendency of other proceedings

before it, an alteration to the prejudice of the workman

concerned, of the conditions of his service which

were applicable to him immediately before the

commencement of such proceedings”.

The principle laid down by the Hon’ble High

Court of Kerala is not applicable to the case in

hand.

Hence, it is held that the Party I failed to prove

that the Employer contravened the Section 33 of

the I.D. Act, 1947, pending reference bearing No.

LC-II/IT/14/17 before this Labour Court II. The issue

No. 2 is therefore answered in the negative.

Issue No. 3:

22. The Employer, as and by way of its preliminary

objections, submitted that the present complaint

filed by the Party I cannot be construed as an

‘Industrial Dispute’ as defined u/s 2 (k) of the I.D.

Act, 1947, that the present application filed by the

Party I with malafide intentions, with ulterior

motives and as such the claim be dismissed with

limine, that the present application filed by the

Party I is bad-in-law and not maintainable, that the

Party I was appointed by the management. of the

Employer as “Sr. Casino Dealer” in supervisory

cadre and duties discharged by him are purely of

a supervisory nature and he cannot be construed

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

that the Party I performed essentially and pre-

dominantly

supervisory,

managerial

and

administrative functions, his duties and functions

and his exercise of powers over the subordinates

excludes him from the purview of the definition of

the ‘workman’ under the I.D. Act, 1947. The

Employer submitted that the grades, scales and

allowances applicable to the Party I were of

management cadre and as such this Hon’ble Court

does not have the jurisdiction to entertain present

petition. The burden was therefore cast on the

Employer to prove the issue No. 3.

23. While deciding the issue No. 1 hereinabove,

I have discussed and come to the conclusion that

the Party I failed to prove that he is a ‘workman’

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

1947 and as such dispute raised by him is not an

industrial dispute as defined u/s 2 (k) of the I.D.

Act, 1947. Hence, it is held that the present claim

filed by the Party I is liable to be dismissed in view

of the preliminary objections raised by the

Employer. The issue No. 3 is therefore answered in

the affirmative.

Issue No. 4:

24. While deciding the issue No. 1 hereinabove,

I have discussed and come to the conclusion that

the Party I failed to prove that he is a ‘workman’

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

1947. Similarly, while deciding the issue No. 2

hereinabove, I have discussed and come to the

conclusion that the Party I also failed to prove that

the Employer contravened the provisions of Section

33 of the I.D. Act, 1947, pending reference bearing

No. LC-II/IT/14/17 before this Labour Court II. The

Party I is therefore not entitled to any relief.

In view of above, I proceed to pass the following

order:

ORDER

1. The present complaint filed by the Party I

u/s 33-A of the Industrial Disputes Act, 1947

stands dismissed.

2. The Party I, Shri Sunil Chauhan is not entitled

to any relief.

3. No order as to cost.

Inform the Government accordingly.

Sd/-

(Suresh Narulkar),

Presiding Officer,

Labour Court-II.

_______

Notification

No. 28/2/2021-LAB/Part-I/561

The following Award passed by the Labour

Court-II, at Panaji-Goa on 27-10-2021 in Case No.

LC-II/IT/11/10 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, 16th November, 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/11/10

Shri Jeronimo Gomes,

R/o. Toutem, Morod,

P.O. Cansaulim,

Salcette-Goa

.... Workman/Party-I

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

920

V/s

M/s Ramada Caravela Beach Resort,

Varca Beach,

Varca, Salcette-Goa

…. Employer/Party-II

Party-I/Workman represented by Ld. Rep. Shri

Subhash Naik Jorge.

Party-II/Employer represented by Adv. Shri M. S.

Bandodkar.

Panaji, Dated: 27-10-2021.

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 28-06-2010,

bearing No. 28/22/2010-LAB, referred the following

dispute for adjudication by the Industrial Tribunal

of Goa. The Presiding Officer, Industrial Tribunal-

-cum-Labour Court in turn assigned the present

dispute to the Labour Court-II, vide its Order dated

16-08-2010.

“(1) Whether the action of the Management of

M/s Ramada Caravela Beach Resort, Varca,

Salcette-Goa, in terminating the service of Shri

Jeronimo Gomes, Fitter Mechanic, w. e. f.

25-04-2008 is legal and justified?

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

to?”

2. On receipt of the reference, a case was

registered under No. LC-II/IT/11/2010 and registered

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

to the said notice, the Parties put in their

appearance. The Workman/Party-I (for short

‘Workman’), filed his Statement of Claim on

06-12-2010 at Exb. 4. The facts of the case in brief

as pleaded by the Workman are that the Employer/

/Party-II (for short ‘Employer’) is a five star hotel,

having large number of rooms, restaurants and

casinos. He stated that the employees of the

Employer Hotel are the members of a Trade Union

by name Ramada Caravela Hotel Employees Union,

hereinafter referred to as ‘said union’. He stated

that he was the General Secretary of the said Union

for several years. He stated that he was initially

employed with the Employer as ‘Fitter-Mechanic’

since 15th January, 1990 and thereafter promoted

as ‘Senior Fitter-Mechanic’ and finally promoted as

‘Shift In-charge’. He stated that he has worked for

the Employer Hotel for over 18 years. He stated that

he was issued Meritorious Certificates from time to

time for his honest and efficient work. He stated

that he was not issued any Memo, charge-sheet,

etc. except the charge-sheet dated 21-06-2006.

3. He stated that on 25-05-2006, an incident

happened in the Employer Hotel after his working

hours. He stated that on 24-05-2006, he was working

in night shift in the Employer Hotel and his working

hour’s starts from 10.30 p.m. to 7.30 a.m. of

25-05-2006. He stated that his next shift of working

was from 10.30 p.m. of 25-05-2006 to 7.30 a.m. of

26-05-2006. He stated that he did not attend his

duty on 25-05-2006 at 10.30 p.m. as he was sick. He

stated that at the relevant time, the Employer Hotel

was closed for renovation work and the renovation

work was in progress.

4. He stated that he was issued a charge-sheet

dated 21-06-2006 alleging certain acts of

misconduct against him. He stated that in the

charge-sheet dated 21-06-2006 issued to him, it was

alleged that he had left the shift in the morning of

25th May, 2006 after his duty hours, without

handing over charge to the next person and as a

result, there was overheating of the Generator. He

stated that it was further alleged that overheating

of the Generator resulted in loss to the

Management. He stated that the charges levelled

against him were false as there were persons on

duty when he left after finishing his duty. He stated

that he had informed before leaving the hotel. He

stated that he had replied to the charge-sheet dated

21-06-2006 issued to him vide its letter dated

25-05-2006 by denying the charges levelled against

him. He stated that initially, Mr. Sharad Chodnekar,

an advocate, was appointed as Ld. Enquiry Officer

to conduct the enquiry. He stated that the Employer

was represented by Ms. Uma Krishnan in the

enquiry. He stated that the said Ms. Krishnan was

the Head of the Department of the Employer Hotel.

He stated that the said Ld. Enquiry Officer was

totally biased in favour of the Employer. He stated

that he had complained about the aforesaid fact

and therefore, the Employer removed Mr. Sharad

Chodnekar and appointed Mr. Prasanna Chawdikar,

an advocate to conduct the enquiry against him.

He stated that as the said Enquiry Officer was

biased in favour of the Employer, he raised an

objection for the same. He stated that Mr. Prasanna

Chawdikar did not start the enquiry proceedings

de novo, but continued the proceedings from where

Mr. Chodnekar had left. He stated that no typist

was made available to type the proceedings of the

enquiry even during the tenure of Mr. Chawdikar

as Enquiry Officer, but the Management

Representative used to write the enquiry

proceedings in her own handwriting and the same

was get it typed and made available on the next

date of hearing.

OFFICIAL GAZETTE — GOVT. OF GOA

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06TH JANUARY, 2022

921

5. He submitted that the Employer did not

examine any eye witness to the alleged incident

during the enquiry proceedings. He submitted that

during the enquiry proceedings held on 11-07-2006,

the Management Representative, Ms. Krishnan

presented the case of the Management. He stated

that Ms. Krishnan also recorded her own statement

in her own handwriting and got it typed from home

on the next date of enquiry proceedings. He stated

that Ms. Krishnan would make whatever changes

she desired in the typed copies. He stated that the

records of the typed copies are not in conformity

with the handwritten copies of the enquiry

proceedings. He submitted that the enquiry

proceedings were held in Panaji and Margao,

whereas the Employer hotel is situated at Varca.

He submitted that he was not paid travelling

expenses to attend enquiry proceedings and to

bring his Representative. He submitted that he had

examined himself and witnesses in support of his

defence in the enquiry. He stated that infact, he

wanted to examine more witnesses, but Ld. Enquiry

Officer did not allow him to examine the said

witnesses by closing his evidence and abruptly

conducted the enquiry. He submitted that a copy

of the enquiry proceeding held on 06-02-2008 has

not been supplied to him. He stated that Ld. Enquiry

Officer thereafter submitted his findings dated

19-03-2008 holding him guilty of the charges

levelled against him.

6. He submitted that the findings of Ld. Enquiry

Officer are perverse and not based on record of the

enquiry proceedings. He submitted that the findings

of Ld. Enquiry Officer are biased in favour of the

Employer without proper application of mind and

without any valid reasons. He submitted that Ld.

Enquiry Officer could not have arrived at the

findings that he is guilty of the charges, when the

Employer did not examine any witness in the

enquiry. He submitted that the enquiry was

conducted in total violation of the principles of

natural justice as well as accepted norms of the

enquiry. He submitted that the proceedings of the

enquiry were recorded by the Management

Representative in her own handwriting and typed

at her house and the proceedings were furnished

to him on subsequent date of enquiry by obtaining

the signatures of all the parties. He submitted that

there is no evidence on record of the enquiry

proceedings to prove the charges of misconduct

levelled against him vide charge-sheet dated

21-06-2006.

7. He stated that the Employer hotel has service

rules which categorize the misconduct as minor

and major misconduct. He stated that the

punishment for minor misconduct has been

mentioned as warning, censure and suspension for

7 days. He submitted that neither the Employer

produced original documents nor exhibited any

document in the enquiry. He submitted that he

was shocked to receive letter dated 25-04-2008 from

the Employer dismissing him from the services.

Aggrieved by the decision of the Employer in

wrongly terminating his services, he raised an

industrial dispute against the Employer demanding

reinstatement in service with full back wages and

continuity in service, which ended in failure. He

submitted that since the date of termination of his

service, he is unemployed and is trying hard to find

the job. He submitted that due to the stigma

attached to his termination of service, he is not

getting jobs in other hotels in the area. He submitted

that he is surviving out of savings and support from

his family and relatives. He submitted that

assuming and without admitting that the charges

of misconduct levelled against him are proved, the

punishment imposed upon him is highly

disproportionate and unjustified taking into

consideration the facts and circumstances of the

case. He therefore prayed that he be reinstated in

service with full back wages and continuity in

service.

8. The Employer resisted the claim of the

Workman by filing its written statement on

01-03-2011 at Exb. 5. The Employer, as and by way

of preliminary objections, submitted that the

reference is null and void as no industrial dispute

exists as defined u/s 2(k) of the I. D. Act, 1947 and

that the reference has been made by the

Government of Goa without any material on record,

in haste and without application of mind.

9. The Employer however, admitted that the

Workman was employed with them as ‘Fitter

Mechanic’ since 15-01-1990 and thereafter promoted

as ‘Sr. Fitter Mechanic’ and again promoted as ‘Shift

In-charge’. The Employer stated that the Workman

was issued a charge sheet dated 21-06-2006 alleging

that on the morning of 25-05-2006, he had left the

work station after finishing his regular duty hours

and without handing over the responsibility of

operating the generator to the next person

concerned, inspite of personnel from the

engineering team being present on duty. It was

further mentioned in the charge-sheet dated

21-06-2006 issued to the Workman that the aforesaid

act on his part resulted in overheating of the engine

and the resultant damage caused to the generator

set is to the tune of Rs. 4,50,000/- and that because

the generator could not function till conditions

required for its proper functioning were rectified,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

922

the entire hotel had to be without power for at

least half an hour. It was further mentioned in the

charge-sheet that he had absented himself from

duty from the night shift on the 25-05-2006 and the

operations in the engineering department are

suffering due to unauthorized absence. The

Employer stated that the Workman was issued a

show-cause notice requiring him to submit his

explanation in respect of the above said incident.

The Employer stated that the explanation submitted

by the Workman, vide letter dated 28-05-2006, was

not found to be satisfactory. The Employer stated

that they have observed that the Workman have

remained absent unauthorizedly on 06-01-006,

11-01-2006, 08-03-2006, 09-03-2006, 10-03-2006,

11-03-2006, 16-03-2006, 29-03-2006, 30-03-2006,

31-03-2006, 23-04-2006, 26-04-2006 (for half a day),

13-05-2006, 25-05-2006 and 28-05-2006. It was further

alleged that the aforesaid acts alleged against the

Workman constitute the following acts of

misconduct under the Model Standing Orders:

1. Wilful insubordination or disobedience,

whether alone or in combination with others,

to any lawful and reasonable order of a

superior.

2. Wilful damage to or loss of Employer’s goods

or property.

3. Habitual absence without leave or absence

without leave for more than 10 days.

4. Habitual negligence or neglect of work.”

10. The Employer stated that the enquiry was

conducted initially by Mr. Sharad Chodnekar and

subsequently by Mr. Prasanna Chawdikar. The

Employer stated that the Workman was represented

by his co-worker and an office bearer of Ramada

Caravela Hotel Employees Union. The Employer

stated that the enquiry was conducted against the

Workman by both the Enquiry Officers in an

impartial manner. The Employer stated that every

opportunity was given to the Workman to defend

the charges of misconduct levelled against him.

The Employer stated that Ld. Enquiry Officer

submitted his findings dated 19-03-2008 after

appreciating the facts of the case. The Employer

stated that Ld. Enquiry Officer held the Workman

guilty of the charges of misconduct levelled against

him. The Employer submitted that it has considered

the proceedings of the enquiry and the findings of

the Enquiry Officer dated 19-03-2008 and concurred

with the same. The Employer submitted that it has

considered the past records of the Workman, but

did not find any extenuating circumstances. The

Employer submitted that considering the gravity of

proved misconduct as well as the contents of the

reply dated 08-04-2008 to the show-cause notice

issued to the Workman, it has dismissed the

Workman from service with immediate effect, vide

their letter dated 25-04-2008.

11. The Employer stated that Mr. Sharad

Chodnekar was not removed by them, but they

rejected the objections raised by the Workman, vide

its letter dated 24-03-2007. The Employer stated

that they have decided that Mr. Sharad Chodnekar

will continue as Enquiry Officer. The Employer

stated that it is only on account of the personal

difficulty of Mr. Chodnekar, he had decided not to

continue as an Enquiry Officer. The Employer stated

that the enquiry was thereafter continued by

Mr. Prasanna Chawdikar. The Employer admitted

that during the enquiry, there was no typist. The

Employer stated that it was mutually decided to

record the proceedings in hand and get it typed on

the next date of hearing. The Employer stated that

the aforesaid fact has been recorded by Ld. Enquiry

Officer in the enquiry proceedings from time to

time. The Employer admitted that the enquiry

proceedings were recorded in the handwriting of

Ms. Krishnan, the Head of Personnel department as

well as Management Representative and copy of

the original handwriting was taken by Ms. Krishnan,

after the conclusion of the enquiry proceedings.

The Employer further admitted that on the next

date of enquiry, the signatures of all the parties

were obtained, after being duly verified by them

alongwith Ld. Enquiry Officer. The Employer stated

that the original handwritten copies were destroyed

after obtaining signatures of all the parties on the

typed copies. The Employer stated that the

Workman was given the carbon copy of the

proceedings of the enquiry. The Employer stated

that the Workman as well as his Representative

have recorded their signatures on the said

proceedings in approval and confirmation and

hence cannot now resile from the same. The

Employer stated that after Mr. Prasanna Chawdikar

took over as Enquiry Officer, he started conducting

the enquiry at Margao-Goa. The Employer further

admitted that Mr. Chawdikar did not start the

enquiry proceedings de novo, but continued the

enquiry proceedings from where Mr. Chodnekar had

left. The Employer submitted that the Employer

destroyed the said original handwritten records of

the enquiry proceedings and as such the same

cannot be produced. The Employer stated that the

fact of such destruction of the proceedings have

been recorded in the enquiry from time to time.

12. The Employer submitted that the testimony

of eye witness to the incident alleged against the

Workman is not the only basis on which he could

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

923

be held guilty. The Employer submitted that the

documentary and circumstantial evidence

produced at the enquiry is sufficient to hold the

Workman guilty of the charges leveled against him.

The Employer submitted that the Workman was

not entitled to the travelling expenses to attend

enquiry and to bring his representative. The

Employer stated that the Workman had examined

four witnesses on identical facts and wanted to

produce more witnesses to depose on the said facts.

The Employer stated that Ld. Enquiry Officer,

Mr. Chawdikar, vide his order dated 29-01-2008

disallowed the Workman to examine more

witnesses. The Employer admitted that after the

enquiry proceedings held on 29-01-2008, the next

date of enquiry was fixed on 06-02-2008 at 3.30

p.m. The Employer denied that the findings

submitted by Ld. Enquiry Officer are perverse and

not based on records of the enquiry proceedings.

The Employer denied that the enquiry was

conducted in total violation of the principles of

natural justice as well as accepted norms of

conducting an enquiry. The Employer denied the

overall case of the Workman as pleaded in his

statement of claim. The Employer submitted that

the Workman is gainfully employed from the date

of his dismissal from service and prayed for

dismissal of the present reference.

13. Thereafter, the Workman filed his Re-joinder

on 05-04-2011 at Exb. 6. The Workman, by way of

his Re-joinder, denied each and every statement,

averments and submissions made by the Employer

vide their Written Statement filed in the present

proceedings and reiterates and confirms the

statements, averments and submissions made by

him in his statement of claim. The Workman stated

that the written statement filed by Shri Vinesh

Gupta on behalf of the Employer is null and void

as the said Shri Vinesh Gupta is not authorized to

sign the said written statement on behalf of the

Employer. The Workman stated that Ld. Enquiry

Officer obtained the signatures of the Workman on

the typed proceedings by misrepresentation and

by his ignorance.

14. Based on the pleadings filed by the

respective parties this Hon’ble Court framed the

following issues on 18-04-2011 at Exb. 7.

1. Whether a fair, proper and impartial enquiry

has been conducted against the Party I in

consonance with the principles of natural

justice?

2. Whether the charges of misconduct leveled

against the party-I have been proved by

acceptable evidence to the satisfaction of this

court?

3. Whether the Workman/Party I proves that the

action of the Employer/Party II in terminating

the

services

of

the

Workman/

/Party I w.e.f. 25-04-2008 is illegal and

unjustified?

4. Whether the Employer/Party II proves that

the present order of reference is null and void

in view of preliminary objection raised in para

(i) and (ii) of the Written Statement?

5. Whether the Party I is entitled to any relief?

6. What Order? What Award?

15. My answers to the aforesaid issues are as

under:

(a) Issue No. 1

: In the negative.

(b) Issue No. 2

: In the negative.

(c) Issue No. 3

: In the negative.

(d) Issue No. 4

: In the negative.

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

Both parties have filed their synopsis of written

arguments respectively. I have carefully perused

the entire records of the present case. I have also

carefully considered the submissions made therein.

REASONS

Issue No. 1 and 2:

16. Vide order dated 19-04-2013, passed in my

findings on preliminary issue No. 1 and 2, I have

discussed and come to the conclusion that the

domestic enquiry held against the Workman/Party I

is not fair and proper and hence, the enquiry is set

aside. The issue No. 1 and 2 are therefore answered

in the negative.

Issue No. 3:

17. While deciding the issue No. 1 and 2

hereinabove, I have discussed and come to the

conclusion that the domestic enquiry held against

the Workman/Party I is not fair and proper and

hence, the enquiry is set aside. The Employer

therefore, led fresh evidence before this Hon’ble

Court by examining its two witnesses namely, Shri

Eric Pereira, its Project Management Consultant and

Smt. Uma Krishnan, its Sr. Manager, HR and IR of

Minescape Minerals Pvt. Ltd. The evidence

adduced by the management by examining Ms.

Uma Krishnan and Mr. Eric Pereira is corroborative

to each other. On the contrary, the Workman

examined himself and two other witnesses namely,

Shri Arun Salunke r/o Karwar and Shri Gurudas

Verlekar r/o. Fatorda, Goa in support of his defence.

The evidence of the Workman in defence is

uncorroborative and untrustworthy.

OFFICIAL GAZETTE — GOVT. OF GOA

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924

18. By charge-sheet dated 21-06-2006, the

Workman was issued a charge-sheet and it reads as

under:

“(a) On the morning of the 25th of May, 2006, you

had left your work station after finishing your

regular duty hours and without handing over

the responsibility of operating the generator

to the next person concerned – inspite of

personnel from the engineering team being

present on duty. This resulted in overheating

of the engine and the resultant damage caused

to the generator set is to the tune of

Rs. 4,50,000/-. Further, because the generator

could not function till conditions required for

its proper functioning were rectified, the entire

hotel had to be without power for at least half

an hour.

(b) Secondly, you have absented yourself from

duty for the night shift the 25th of May, 2006.

The operations in the Engineering department

are suffering due to your unauthorised

absence.”

You were issued a show cause notice requiring

you to submit your explanation in respect of the

above said incident. You submitted an explanation

dated 28th May, 2006. We do not find your

explanation satisfactory.

It has been also observed that you have remained

absent unauthorisedly on the following days – 6th

of January, 2006, 11th of January, 2006, 8th of March,

2006, 9th of March, 2006, 10th of March, 2006, 11th

of March, 2006, 16th of March, 2006, 29th of March,

2006, 30th of March, 2006, 31st of March, 2006, 23rd

of April, 2006, 26th of April, 2006 (for half a day),

13th of May, 2006, 25th of May, and 28th of May,

2006.

The acts of misconduct alleged against you

constitute the following acts of misconduct under

Model Standing Orders:

(a) Wilful insubordination or disobedience,

whether alone or in combination with others,

to any lawful and reasonable order of a

superior.

(b) Wilful damage to or loss of Employer’s goods

or property.

(c) Habitual absence without leave or absence

without leave for more than 10 days.

(d) Habitual negligence or neglect of work.

19. Undisputedly, the Workman was working as

a supervisor/shift in-charge in the Employer hotel.

The Workman was issued a show-cause notice dated

25-05-2006 (Exb. 24) alleging the said acts as stated

in para (a) and (b) of the said charge-sheet dated

21-06-2006 (Exb. 64). The Workman filed his reply

dated 28-05-2006 (Exb. 25) to the aforesaid

showcause notice issued to him. Thereafter, the

Workman was issued a charge-sheet dated

21-06-2006 at Exb. 64 and hold enquiry against him.

The Workman however, did not file any reply to the

aforesaid charge-sheet.

20. Indisputedly, the Workman was drafted for

duty in the third shift of 24-05-2006 to be started at

10.30 p.m. and ended on 7.30 a.m. of 25-05-2006. The

evidence on record indicates that it was an

understanding that they should work till 9.00 a.m.

of 25-05-2006. The Workman left the hotel premises

at 6.34 a.m. of 25-05-2006. The Workman admits that

it was his duty to attend the generator by looking

after water, diesel, oil, battery as well as to verify

the said generator is giving power. The Workman

admits that he did not wait till 9.00 a.m. as per the

instructions of Mr. Victor, Engineering Executive.

The Workman also did not handover the charge to

the next shift in-charge/Supervisor of first shift of

25-05-2006 nor obtained prior permission from

competent authority of the Employer to leave the

hotel early. As per the reply of the Workman at Exb.

25, he requested and informed Mr. Anthony, the

Electrician that he is going early to attend his

uncle’s first death anniversary mass. It is pertinent

to note that in the past, the Workman was given

verbal warning when he left the Employer hotel

without handing over the charge to the next

supervisor who had not joined duty of first shift on

23-05-1999 thereby leaving the Engineering

department in the hands of one electrician, in

pursuance to the letter dated 24-05-1999 of Shri

B. S. Negi to Shri Satyajit Patnaik (Exb. 37). The

evidence on record indicates that the generator

operations remained unattended, got overheated

and stopped functioning. Due to overheating of the

generator, the unit was heavily damaged and had

to send for necessary repairs. The evidence on

record indicates that the generator was repaired

from Western India Service Centre, Madkai, Ponda

on 27-06-2006 and due to the above, the loss caused

to the Employer was Rs. 4,25,413/-. The aforesaid

acts on the part of the Workman amounts to

disobedience to any lawful and reasonable order of

a superior as well as loss of Employer’s goods or

property. The aforesaid act on the part of the

Workman also proves the negligence of the

Workman.

21. The Workman was also charged for habitual

absence without leave or absence without leave

for more than 10 days. The evidence on record

indicates

that

the

Workman

remained

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SERIES II No. 41

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925

unauthorizedly absent without leave or intimation

on 06-01-006, 11-01-2006, 08-03-2006, 09-03-2006,

10-03-2006, 11-03-2006, 16-03-2006, 29-03-2006,

30-03-2006, 31-03-2006, 23-04-2006, 26-04-2006 (for

half a day), 13-05-2006, 25-05-2006 and 28-05-2006.

The Workman did not give any explanation of the

aforesaid days of absence except 25-05-2006. The

explanation given by the Workman for his absence

on 25-05-2006 of his transport difficulty. The

Workman was shown his leave card at Exb. 40,

wherein it has been written that the leave for

25-05-2006 has not been sanctioned by writing

“not granted, absent without intimation” by the

leave sanctioning authority. The aforesaid

evidence on record clearly indicates that the

Workman remained absent unauthorizedly for

around 14 and half day from January, 2006 till

May, 2006 without intimation or prior permission.

Therefore, it is proved that the said acts on the

part of the Workman is habitual absence without

leave. Hence, it is held that the Employer proved

that all the four charges levelled against the

Workman have been proved to the satisfaction of

this court by acceptable evidence.

22. Ld. Rep. Shri Subhash Naik, relied upon a

judgment in the case of Roop Singh Negi v/s.

Punjab National Bank and Ors., reported in

(2009) SCC 570 of Hon’ble Supreme Court of India,

in support of his contention that the Employer

failed to prove the charges of misconduct. The

facts of the present case are totally different than

the aforesaid case before the Hon’ble Apex Court

and as such the principle laid down by the

Hon’ble Apex Court is not applicable to th case

in hand.

23. The Employer is having its House Rules

and Service Conditions at Exb. W/11. It appears

that the said House Rules and Service Conditions

has not been certified by the Certifying Authority

and the Employer has issued a charge-sheet at

Exb. 64 under the Model Standing Orders and as

such a Model Standing Orders is applicable to

the case in hand. The evidence on record indicates

that the evidence on record indicates that all the

charges proved against the Workman are grave

and serious.

24. The evidence on record indicates that the

Workman joined in the services of the Employer

as a ‘Fitter Mechanic’ since 15-01-1990 and

thereafter promoted as ‘Sr. Fitter Mechanic’ and

again promoted as ‘Shift In-charge’. The Workman

was issued certificate of appreciation of long

service of 5 years, 9 years, 10 years, 11 years and

13 years. He was also awarded a certificates of

merit in the year 1990-1995 and certificate of

appreciation. The union, vide its letter dated 24-08-

1995 (Exb. 34) addressed to the Personnel Manager

of the Employer informed that the Workman, Shri

Joaquim D’Costa and Shri Francis Gonsalves have

been elected as office bearers of the said union.

Vide letter of the Employer dated 26-08-1995 (Exb.

33) addressed to the office bearers of the said union,

it has been brought to the notice that some of you,

have been found to be remiss in the performance of

your duty as also in the specific instance of

insubordination and disobedience and therefore

directed to ensure that you are correctly informed

of your obligations. Vide letter dated 02-01-1997

(Exb. 35), the Workman was warned for his acts of

indiscipline of remaining absent without any

permission from 21-12-1996 to 01-01-1997, no off and

weekly off could be taken and that on 31-12-1996 is

new year eve, where the Engineering department

work round clock. Vide letter of the Employer dated

21-11-1997 (Exb. 56) addressed to the Workman, he

was directed to join duty immediately on receipt of

the said letter failing which they would be

constrained to accept that you have abandoned

your job and strike out your name from the

company’s roll in line with the House Rules and

Service Conditions applicable to him by pointing

out his attendance record that he has overstayed

his sanctioned leave without any information/

/intimation from 14-11-1997 till issuance of the said

letter.

25. Vide inter office memo dated 24-05-1999

issued by Shri B. S. Negi to Mr. Satyajit Patnaik

(Exb. 37) informed that the Workman remained

absent without leave from 16-05-1999 and joined

his duty on 22-05-1999 (third shift) and left without

handing over to the next supervisor who had not

joined duty (first shift on 23-05-1999) thereby leaving

the Engineering department in the hands of one

electrician by observing that the Workman has

behaved in a very irresponsible manner and he,

being the Union President, he is expected to set

examples for others. The Workman was therefore

given a verbal warning on his request to Mr. Negi

and disciplinary action had postponed. Vide letter

of the Employer dated 18-04-2006 (Exb. 38)

addressed to the Workman, he was informed that

he has been verbally warned by his department

head that his attendance is erratic and not in order

and that he has been absenting himself from duty

at his own whims and fancy and that hampers daily

operations and the smooth functioning of the

department. It is further stated that the Workman

was also issued a memo by his department head on

30-01-2006 for his remaining absent without

information and that inspite of the above his

OFFICIAL GAZETTE — GOVT. OF GOA

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926

attendance for March, 2006 has been very poor and

they have received an intimation from the

department regarding his irregularities. The

Workman was therefore warned at last that his

irresponsible behaviour cannot be entertained and

further instructed that if he remains absent without

information or have an erratic attendance record,

stern disciplinary action would be initiated and

that he was instructed to discharge his

responsibilities with zeal and dedication and take

up the responsibilities as one of the most senior

members of the team.

26. The Workman was issued show-cause notice

dated 26-03-2008 at Exb. W/16 directing him to

show cause within seven days of the said notice as

to why he should not be dismissed from service.

The Workman filed his reply to the said show-cause

notice, vide its reply dated 08-04-2008. The Workman

was thereafter issued a letter of dismissal dated

25-04-2008 at Exb. W/15.

27. Ld. Rep. Shri Subhash Naik, representing the

Workman submitted that the punishment of

dismissal imposed on the Workman is highly

disproportionate and relied upon a judgment of

Hon’ble High Court of Jammu and Kashmir, in the

case of Bashir Ahmed Khan v/s. Union of India

and Ors., passed on 18-08-2021. The principle laid

down by the Hon’ble High Court of Jammu and

Kashmir in its aforesaid case is not applicable to

the case in hand as the facts of the case before the

Hon’ble High Court of Jammu and Kashmir is totally

different than the case in hand.

28. On the contrary, Ld. Adv. Shri M. S. Bandodkar,

representing the Employer submitted that the

punishment of dismissal imposed on the Workman

for the proved grave and serious misconduct is just,

fair and proper and that it does not shock the

judicial conscience of the court and relied upon

two following judgments of the Hon’ble High Court

of Bombay.

29. One, in the case of Dinkar Murlidhar Anap

v/s. Maharashtra State Road Transport

Corporation through its Divisional Controller,

reported in 2016 LLR 226, the Petitioner was

appointed as bus conductor in 1993 and was issued

a charge-sheet with reference to ticketless

passengers travelling on his bus on 02-08-1997. The

Petitioner was dismissed from service after holding

enquiry. The Industrial Court confirmed the

punishment awarded to the Petitioner. The

Petitioner challenged said judgment and order of

the Industrial Court by filing writ petition before

the Hon’ble High Court of Bombay. The Hon’ble

High Court of Bombay dismissed the said writ

petition filed by the Petitioner by observing in para

18 of its judgment as under:

“18. With having settled the issue as above, I am

required to look into whether, the punishment

awarded to the Petitioner could be set to be

shockingly disproportionate. It is trite law that

merely because the punishment may appear to

be disproportionate would not call for any

interference by the courts. The punishment has

to appear shockingly disproportionate so as to

shock the judicial conscience of the court. Such

punishment should appear to be an outrageous

defiance of moral standard and logic”.

30. Another, in the case of Niraj Kumar Singh

v/s. Union Bank of India and Anr., reported in

2008 LLR 209, the Hon’ble High Court of Bombay

held as under:

“14. In the light of the well-established principles

of law and the seriousness of the article of charges

proved against the petitioner, it is difficult for

this Court to hold that the view taken by the

authorities below in imposing the punishment

of dismissal from service is shockingly

disproportionate or would shock the judicial

conscience of the Court. The relationship of the

Bank and its customer is relationship of great

faith and any small dent to this relationship de

hors the quantum of amount unauthorizedly

withdrawn is likely to have adverse effects of

wide magnitude upon the business of the bank.

The Appellate Authority considered the

contentions raised on behalf of the petitioner in

its correct perspective and we are unable to find

any error of jurisdiction in the orders passed by

the respective respondents. We have also noticed

that the enquiry was held in consonance with

the prescribed procedure and principles of

natural justice”.

The principle laid down by the Hon’ble High

Court of Bombay in its aforesaid case is applicable

to the case in hand.

31. In the case in hand, though the Workman

was in the services of the Employer as fitter

mechanic since 15-01-1990 and thereafter promoted

as Sr. Fitter Mechanic and again as Shift In-charge.

The Workman was also issued certificates for his

long service in the organisation of the Employer. In

the past, the Workman was issued warnings for

three times for his misconducts. The Workman was

found guilty of the charges of misconduct levelled

against him and imposed a punishment of dismissal

from service by issuing show-cause notice to him.

In my considered opinion, the misconduct proved

OFFICIAL GAZETTE — GOVT. OF GOA

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927

against the Workman are grave and serious, causing

loss to the Employer. The punishment of dismissal

imposed upon the Workman does not appears to be

shockingly disproportionate to shock the judicial

conscience of the court. The punishment of dismissal

imposed upon the Workman is just, fair and proper

and this court shall not interfere with the

punishment imposed on the Workman.

In view of above, it is held that the Workman

failed to prove that the action of the Employer in

terminating his services w.e.f. 25-04-2008 is illegal

and unjustified. The issue No. 3 is therefore

answered in the negative.

Issue No. 4:

32. The Employer, as and by way of its preliminary

objections, submitted that the reference is null and

void as no ‘industrial dispute’ exists as defined

u/s 2 (k) of the I.D. Act, 1947 and that the reference

has been made by the Government of Goa without

any material on record, in haste and without

application of mind. The burden to prove the said

allegations is therefore on the Employer.

33. Section 2 (k) of the I.D. Act, 1947 defines

‘Industrial Dispute’ and it means, “the term

‘industrial dispute’ has been defined u/s 2 (k) of the

I.D. Act, 1947 and it means any dispute of difference

between Employers and Employers, or between

Employers and workmen, or between workmen and

workmen, which is connected with the employment

or non-employment or the terms of employment or

with the conditions of labour, of any person”. In the

case in hand, it is not in dispute that the Party I is

a ‘Workman’ within the meaning of Sec. 2 (s) of the

I.D. Act, 1947. Therefore, the present dispute raised

by the Workman pertaining to his non-employment

w.e.f. 25-04-2008 is an ‘industrial dispute’ within

the meaning of Sec. 2 (k) of the I.D. Act, 1947. The

Employer has also not produced on record any

material to substantiate its statement that the

reference has been made in haste and without

application of mind. Hence, it is held that the

Employer failed to prove that the present order of

reference is null and void in view of the preliminary

objections raised in para (i) and (ii) of the written

statement. The issue No. 4 is therefore answered in

the negative.

Issue No. 5:

34. While deciding the issue No. 3 hereinabove,

I have discussed and come to the conclusion that

the Workman failed to prove that the action of the

Employer in terminating his services w.e.f.

25-04-2008 is illegal and unjustified. The Workman

is therefore not entitled to any relief.

In view of the above, I proceed to pass the

following order:

ORDER

1. It is held that the action of the Management

of M/s Ramada Caravela Beach Resort, Varca,

Salcette-Goa, in terminating the service of Shri

Jeronimo Gomes, Fitter Mechanic, w. e. f.

25-04-2008 is legal and justified.

2. The Workman, Shri Jeronimo Gomes, is not

entitled to any relief.

3. No order as to costs.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II.

_______

Notification

No. 28/2/2021-LAB/Part-I/563

The following Award passed by the Labour

Court-II, at Panaji-Goa on 25-10-2021 in Case No.

Ref. LC-II/IT/16/2019 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, 16th November, 2021.

______

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. LC-II/IT/16/2019

Shri Diago Lucas (since deceased),

Through his legal heirs:

1. Smt. Rosita Privia Gama and

2. Ms. Dasha Lucas

Rep. by the General Secretary,

Gomantak Mazdoor Sangh,

Tisk, Ponda-Goa

….. Workman/Party-I

V/s

M/s. Indoco Remedies Limited,

L-14, Verna Industrial Estate,

Verna-Goa

…. Employer/Party-II

Workman/Party-I represented by Shri P. Gaonkar.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

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928

Employer/Party-II Represented By Adv. Shri G. K.

Sardessai.

Panaji, Dated: 25-10-2021.

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 10-12-2019,

bearing No. 28/32/2019-LAB/814, referred the

following dispute for its adjudication to this Labour

Court-II of Goa at Panaji-Goa.

“(1) Whether the action of the management of

M/s. Indoco Remedies Limited, L-14, Verna

Industrial Estate, Verna, Goa, in refusing

employment to Shri Diago Lucas, Operator,

with effect from 16-07-2018, is legal and

justified?

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

to?”

2. On receipt of the reference, a case was

registered under No. LC-II-IT/16/2019 and registered

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

to the said notice, the Parties put in their

appearance. The Workman/Party-I (for short

‘Workman’), filed his Statement of Claim on

17-02-2020 at Exb. 4. The facts of the case in brief

as pleaded by the Workman are that he was initially

employed as an ‘Operator’ by the Employer/

/Party-II (for short ‘Employer’) since 1999. He stated

that in the month of April, 2018 and May, 2018, he

was forced to remain at home due to sickness of his

wife. He stated that he had sent an intimation to

his co-worker that he is unable to attend the duties

due to major sickness of his wife. He stated that in

the first week of June, 2018, he went to report for

duty, but he was asked to submit detailed reply

and tender apology. He stated that on receipt of

the apology, he was allowed to resume duty from

18-06-2018.

3. He stated that he had obtained a loan from the

bank and cheques were given towards the

repayment of the loan instalments. He stated that

the said cheque was dishonoured due to insufficient

funds in his account. He stated that a case was

filed u/s. 138 N.I. Act. He stated that he was arrested

and remained in the custody. He stated that after

releasing from the custody, he went to resume the

duty in the first week of July, 2018. He stated that

initially, the HR Manager informed him to join duty

after two days as he will consult the head office

and will inform about his resuming the work. He

stated that inspite of several oral request, he was

not allowed to resume duty. He stated that on

16-07-2018, he went to resume duty and submitted

his letter. He stated that as he was not allowed to

resume the duty, he raised an industrial dispute

before the Dy. Labour Commissioner, Panaji through

his union, vide its letter dated 30-08-2018. He stated

that on receipt of the notice of the conciliation

proceedings, the management has issued him a

suspension order from 27-10-2018. He stated that

he was refused employment from 16-07-2018. He

stated that as he raised the dispute in August,

2018, he was issued a suspension order to come out

from the dispute of refusal of employment.

4. He submitted that neither the management

has issued to him any charge-sheet nor conducted

enquiry against him before refusal of employment.

He submitted that before refusing the employment,

the management has not conducted any enquiry

nor followed the principles of natural justice. He

submitted that before refusal of his employment,

the management has not complied with Section

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

the provisions of law in force. He submitted that

the Employer is employing more than 200 workers

in the said factory and hence, Chapter V-B of the

I.D. Act, 1947 is applicable to the Employer. He

submitted that before refusal of his employment,

the management has not obtained any permission

for retrenchment as required u/s 25-N of the I.D.

Act, 1947. He submitted that the refusal of

employment to him is illegal, unjustified and bad-

in-law. He submitted that he is entitled for

reinstatement with full back wages and continuity

service. He submitted that he is unemployed since

illegal refusal of his employment and has not been

able to find any suitable job despite his efforts. The

Workman therefore, prayed that this Hon’ble

Tribunal be declared that the refusal of employment

is illegal, improper and unjustified and direct the

Employer to reinstate him with full back wages

and continuity in service with consequential

benefits.

5. The Employer resisted the claim of the

Workman by filing its written statement on

08-06-2020 at Exb. 5. The Employer, as and by way

of its preliminary objections, submitted that the

reference is not maintainable and bad-in-law as it

is not an ‘industrial dispute’ as defined under the

I.D. Act, 1947 and that there is non-application of

mind by the Appropriate Government while

referring the present dispute.

6. Without prejudice to its aforesaid contention,

the Employer stated that it is engaged in the

manufacturing of pharmaceuticals and has its

factory at Verna Industrial Estate, Verna-Goa. The

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929

Employer stated that the Workman was employed

with them since November, 1999. The Employer

stated that the Workman remained absent from duty

on 02-04-2018, from 04-04-2018 till 28-04-2018,

02-05-2018, 04-05-2018, 05-05-2018 and from

09-05-2018 till 31-05-2018. The Employer stated that

since the work was affected due to unauthorized

absence of the Workman, a letter dated 26-05-2018

was sent to the residential address of the Workman

by registered A/D, by instructing him to resume

duty within 48 hours from the receipt of the said

letter with proper written explanation. The

Employer stated that on 04-06-2018, the Workman

reported at their gate without giving any justified

explanation to their letter dated 26-05-2018 for his

prolonged absence from work. The Employer stated

that the Workman was asked to submit the

explanation for his unauthorised absence. The

Employer stated that since the Workman had not

submitted any explanation, the Workman was given

a second copy of the said letter dated 26-05-2018

on 04-06-2018, so that he can give explanation on

the said letter. The Employer stated that the

Workman submitted his reply dated 04-06-2018,

wherein he claimed that his wife was seriously sick

and had undergone major surgery. He stated that

he was compelled to remain absent during the said

period to attend to his wife and take care of the

house and children. The Employer stated that the

management was not satisfied with the said

explanation and therefore the Workman was asked

to produce documentary proof to show that his

wife was sick. The Employer stated that the

Workman failed to produce the necessary evidence

of sickness of his wife.

7. The Employer stated that on 18-06-2018, the

Workman reported for work and submitted a letter

dated 18-06-2018, apologizing for not submitting

medical proof of his wife’s sickness. The Employer

stated that the Workman claimed that the said

reports were misplaced and that he had requested

Goa Medical College for duplicate copies of the

documents which they are not ready to handover.

The Employer stated that thereafter, from

18-06-2018 to 29-06-2018, the Workman performed

his duties and from 30-06-2018 he continuously

remained absent without intimation and/or

information. The Employer stated that the Workman

submitted his letter dated 16-07-2018 requesting

them to allow him to resume duty. The Employer

stated that however, they received information

about serious charges of offence have been levelled

against the Workman by the Superintendent of Civil

and Criminal Court, Vasco. The Employer stated

that since the said offence amounts to moral

turpitude, the Workman was asked to get a

clearance letter from the said authorities, so that

he can resume duty.

8. The Employer stated that they are in the field

of manufacturing ‘lifesaving drugs’ which are

certified by various overseas regularity authorities.

The Employer stated that any stigma on any

employee can totally prejudice not only their

reputation but also create non-compliance of this

regularity authorities, resulting financial impact on

business. The Employer stated that therefore, the

Workman was asked to get clearance letter from

the (State Authority) Superintendent of Civil and

Criminal Court, Vasco. The Employer stated that

surprisingly, instead of getting a clearance letter,

the Workman submitted a letter dated 29-08-2018

claiming reinstatement with full back wages and

continuity of service.

9. The Employer stated that on 30-08-2018, the

Gomantak Mazdoor Sangh (GMS) made a

representation before the Labour Commissioner for

intervention in the matter of refusal of employment

to the Workman. The Employer stated that after

going through the said letter of GMS, it was

observed that the General Secretary of the union

had made some false and mischievous allegations

against them about refusal of employment to the

Workman. The Employer stated that after

discussions held before the ALC, they filed their

reply dated 18-01-2019 denying the allegations

made therein. The Employer stated that as there

was no possibility of any amicable settlement, the

failure of conciliation was recorded on 27-08-2019.

10. The Employer stated that by letter dated

31-08-2018, the Employer sought information under

RTI Act from the Vasco Police Station regarding FIR

No. 81/2018 filed by Mr. Arvind S. Redkar

(Superintendent of Civil and Criminal Court, Vasco)

against the Workman u/s. 465, 468, 471, 419 and 205

of IPC dated 30-06-2018. The Employer stated that

on 05-09-2018, they received the information sought

from the office of Sub-Divisional Police Officer, Vasco.

The Employer stated that a criminal complaint was

filed against the Workman for cheating by

appearing before the Court as Mr. Martinho Jose

Xavier leading to impersonation, in criminal case

No. OA/182/NIA/2017/A (VPK Urban Co-op. Credit

Society Ltd. v/s. Martinho Jose Xavier). The

Employer stated that they therefore, issued a show

cause notice dated 25-10-2018 for the acts of

misconducts as per its Certified Standing Orders to

the Workman by registered post A/D and

subsequently considering the seriousness in the

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930

matter, a suspension order pending enquiry dated

27-10-2018 was issued to the Workman. The

Employer stated that the Workman filed his reply

to the show-cause notice on 05-11-2018 and since

the Employer having found the reply unsatisfactory,

issued a charge-sheet dated 30-01-2019 to the

Workman. The Employer stated that the enquiry

proceedings with respect to the said charge-sheet

was initiated on 30-01-2019 and is presently

pending. The Employer stated that since its

management has already initiated disciplinary

proceedings against the Workman for acts of

misconducts and the management has not refused

the employment to the Workman, as such, no case

of ‘industrial dispute’ is made out by the Workman.

The Employer denied the overall case as pleaded

by the Workman and submitted that the Workman

is not entitled to any relief as prayed for in his

claim statement and therefore, reference may please

be rejected.

11. Thereafter, the Workman filed his Re-joinder

dated 15-01-2021 at Exb. 6. The Workman, by way

of his Re-joinder, confirms and reiterates all the

submissions and averments made by him in his

claim statement to be true and correct and denies

all the statements and averments made by the

Employer in its Written Statement, which are

contrary to the statements and averments made by

him.

12. Based on the pleadings, filed by the

respective parties hereinabove, this Hon’ble Court

framed the following issues on 29-01-2021 at Exb. 7.

1. Whether the Workman/Party I proves that he

was refused employment by the Employer/

/Party II w.e.f. 16-07-2018?

2. Whether the Workman/Party I proves that

the action of the Employer in refusing him

employment w.e.f. 16-07-2018, is illegal and

unjustified?

3. Whether the Employer/Party II proves that

the reference is bad-in-law in view of the

reasons stated in para (a) and (b) of its written

statement?

4. Whether the Workman is entitled to any

relief?

5. What order? What award?

13. Thereafter, the matter was fixed for evidence

of the Workman. The Workman also filed his affidavit

in evidence. The Hon’ble Court also recorded his

examination in chief and the case was fixed for

cross-examination by the Employer. It is at this stage,

Ld. Rep. Shri P. Gaonkar, representing the Workman

submitted that the Workman has been expired and

filed an application for bringing his legal heirs on

record. The said application filed by Ld. Rep.

Shri P. Gaonkar has been allowed.

14. On 12-08-2021, Ld. Rep. Shri P. Gaonkar

representing the deceased legal heirs of the

Workman as well as Ld. Adv. Mrs. N. Gaonkar

appearing for the Employer remained present and

orally submitted that the matter is likely to be

settled amicably between the parties and sought

time. Accordingly, on 19-10-2021, Ld. Rep. Shri P.

Gaonkar representing the deceased legal heirs of

the Workman as well as Ld. Adv. Mrs. N. Gaonkar

appearing for the Employer remained present. Both

the representatives submitted that they have

settled the matter amicably between the parties

hereinabove and prayed for disposing off the

reference as consent award. The parties produced

on record a copy of the terms of settlement duly

signed by both the parties along with their

respective representatives which is on record at

Exb. 22. The terms of settlement as settled between

the parties are reproduced herewith.

1. The management agrees to pay to the legal

heirs of Mr. Diago Lucas, Smt. Rosita Privia

Gama a sum of Rs. 9,55,000/- (Rupees nine

lakhs fifty five thousand only) in full and

final settlement of all his claims including

gratuity, by cheque No. 288718 dated

16-08-2021 drawn on HDFC Bank.

2. Accordingly, Smt. Rosita Privia Gama, the

legal heir of Mr. Diago Lucas, agrees to accept

the payment and not to pursue any dispute

raised individually or through any union

before any Tribunal, Court, Authority or

Forum and agrees that in the event of such

dispute being raised that the same shall be

treated as withdrawn/settled.

3. It is agreed between the parties that this

settlement shall be filed before the Labour

Court in LC-II/IT/16/2019 for a consent

Award/Order. The Management also agrees

to close the disciplinary proceedings/enquiry

initiated against Mr. Diago Lucas.

4. Smt. Rosita Privia Gama, the legal heir of Mr.

Diago Lucas, agrees to settle all the dues of

the Banks or other Financial Institutions or

any borrowings by the deceased Mr. Diago

Lucas and agrees to indemnify the Company

as against any claims of whatsoever nature

as against the above said amount paid to the

deceased.

5. It is agreed between the parties that on

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

931

payment of the said amount, the parties shall

have no claim of whatsoever nature against

each other and all the matters of late

Mr. Diago Lucas are conclusively settled.

I have carefully perused the said terms of

settlement at Exb. 22 signed by and between the

parties hereinabove. The said terms of settlement

are beneficial to both the parties. Hence, I consented

for the same. Since the dispute under reference is

settled between the parties, I hold that the dispute

under present reference does not survive.

In view of the above, I proceed to pass the

following order:

ORDER

1. It is held that action of the management of

M/s. Indoco Remedies Limited, L-14, Verna

Industrial Estate, Verna, Goa, in refusing

employment to Shri Diago Lucas, Operator,

with effect from 16-07-2018, is legal and

justified, does not survive.

2. The Workman, Shri Diago Lucas, Operator, is

not entitled to any relief.

3. No order as to costs.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court.

———uuu———

Department of Law & Judiciary

Law (Establishment) Division

___

Order

No. 1/7/2014-LD(Estt.)/2582

Government of Goa is pleased to accept the

resignation tendered by Adv. Ankita Avdhut Kamat

as Additional Government Advocate before the

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

effect from 30-11-2021.

Adv. Ankita A. Kamat shall return all the briefs

pending with her if any, to the Office of

Ld. Advocate General, Porvorim, Panaji under

intimation to this Department.

By order and in the name of the Governor of

Goa.

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

Porvorim, 23rd December, 2021.

Department of Panchayati Raj &

Community Development

Directorate of Panchayats

___

Notification

No. 17/22/DP-ACCTS/IIISFC/2021-22/8908

In exercise of the powers conferred by sub-

section (2) of Section 199 of the Goa Panchayat Raj

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

of Government Notification No. 26/DP/III.S.F.C./

/2016/7858 dated 28th December, 2016 published in

the Official Gazette, Series II No. 40 dated

05-01-2017, the Government of Goa is pleased to

constitute afresh “The Third State Finance

Commission” consisting of the following members,

namely:-

Third State Finance Commission:

1 Shri D. A. Hawaldar

—

Chairman.

2. Shri Gurunath Potekar

—

Member.

3. Dr. Y. Durgaprasad,

—

Member.

Director of Planning,

Statistics & Evaluation

In addition to above, Director (Municipal

Administration), Director (Panchayats), Joint

Secretary/Additional Secretary (Finance) and

Director (Accounts) shall be invitees to the State

Finance Commission.

Dr. Y. Durgaprasad shall act as Member Secretary

of the Commission.

Term of Office of the Chairman and Members:

The Chairman and the Members shall initially

hold full time office for a period of one year and

submit its report before expiry of its term.

Conditions of service, salaries and allowances of

the Chairman and Members:

The salaries or fee or honorarium or other such

allowances shall be fixed by the Government in

consultation with the Finance Department.

Terms of Reference:

1. The State Finance Commission shall make

recommendation to the Governor as to:-

(a) the principles which should govern -

i. the distribution between the State and the

local bodies of the net proceeds of the

taxes, tolls and fees leviable by the State,

which may be divided between them

under this part and the allocation

between these bodies at all levels of their

respective shares of such proceeds;

ii. the determination of the taxes, duties, tolls

and fees which may be designed to, or

appropriated by the local bodies;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

932

iii. the grants-in-aid to the local bodies from

the Consolidated Fund of the State;

(b) the measures needed to improve the

financial position of the local bodies; and

(c)

Any other matter referred to the Finance

Commission by the Governor in the interest

of sound finance of local bodies.

By order and in the name of the Governor of

Goa.

Siddhi Halarnkar, Director & ex officio Joint

Secretary (Panchayats).

Panaji, 31st December, 2021.

———uuu———

Department of Personnel

___

Order

No. 5/1/2021-PER/3266

Read:1) Order No. 6/16/2013-PER/Part dated

21-04-2021.

2) Order No. 6/16/2013-PER/Part/431 dated

06-02-2020.

In terms of Rule 28 of the Goa Civil Service Rules,

2016 and on the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/II/12/42(1)/2021/453 dated 14-12-2021, the

Governor of Goa is pleased to declare the following

Junior Scale Officers of Goa Civil Service, to have

satisfactorily completed their period of probation in

Junior Scale of Goa Civil Service and confirmed in

the grade with effect from the date of their

completion of probation period as mentioned

against their names below:-

Sr.

Name of the

Date of completion

No.

probationer

of probation period

1. Shri Tushar Halarnkar

24-11-2021.

2. Shri Vishal Kundaikar

24-11-2021.

By order and in the name of the Governor of

Goa.

Meghana Shetgaonkar, Joint Secretary (Personnel).

Porvorim, 20th December, 2021.

_______

Order

No. 13/12/2021-PER/3338

The Governor of Goa is pleased to grant extension

in service to Shri Raju Chotiyal, Driver, Goa Sadan,

New Delhi beyond the date of his superannuation

for a period of 01 year w.e.f. 01-03-2022 to 28-02-2023

or till the post is filled on regular basis whichever

is earlier in public interest.

This order is issued with the concurrence of

Finance Department vide U.O. No. 5560 dated

16-12-2021 and approval of the Cabinet in its LXth

meeting held on 22-12-2021.

The extension is further subject to termination

without assigning any reasons during the period of

extension.

By order and in the name of the Governor of

Goa.

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

Porvorim, 24th December, 2021.

_______

Order

No. 6/11/2020-PER/3382

Ref: 1)

Order No. 6/11/2010-PER(part)/2209A dated

03-09-2021.

2)

Order No. 6/11/2010-PER(part)/2417 dated

28-09-2021.

The following Senior Scale/Junior Scale Officers

of Goa Civil Service, stands relieved with immediate

effect to enable them to perform the time bound

election related work on full time basis, in the office

of Chief Electoral Officer till completion of entire

process of General Election to Goa State Legislative

Assembly, 2022:

Sr.

Name & designation

Link Officer

No.

of the Officer

1

2

3

1. Shri Brijesh D. Manerkar,

Shri Shankar B.

SLARO, Economic

Gaonkar, Director

Development Corporation

(Administration),

Limited with additional

Sports Authority

charge of Member

of Goa.

Secretary, Goa Football

Development Council.

2. Shri Tushar T. Halarnkar,

Shri H. B. Khedekar,

Deputy Director,

Deputy Director

Department of Higher

(Administration),

Education with additional

Forest

charge of Under Secretary,

Department.

Higher Education

The Officers in Column No. 2 shall continue to

draw their salary against the posts held by them

prior to their appointment as Nodal Officers vide

Orders read in the preamble.

The Link Officers shown in Column 3 shall hold

the additional charge of the post of the relieving

officers, during the ensuing Assembly Election, in

addition to their own duties.

By order and in the name of the Governor of

Goa.

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

Porvorim, 30th December, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

933

Order

No. 6/11/2019-PER/3385

On the recommendation of the Departmental

Promotion Committee as conveyed by Goa Public

Service Commission vide letter No. COM/II/11/42(1)/

/2020(Part file)/474 dated 30-12-2021, the Governor

of Goa is pleased to promote the following Junior

Scale Officers of Goa Civil Service to Senior Scale of

the Goa Civil Service (Group ‘A’ Gazetted), under

Rule 31 of Goa Civil Service Rules, 2016, in Level 11

of CCS (RP) Rules, 2016, with immediate effect:-

1.

Smt. Maya Pednekar.

2.

Dr. Geeta Suresh Nagvenkar.

3.

Shri Clen Madeira.

4.

Shri Rohit Ashok Kadam.

5.

Shri Akshay Gurunath Potekar.

6.

Smt. Neha Amey Naik Panvelkar.

7.

Shri Kapil Chandrakant Phadte.

8.

Shri Kedar Ashok Naik.

9.

Shri Prasad Gurudas Volvoikar.

10.

Shri Deepesh Narayan Priolkar.

11.

Shri Ajay Ramchandra Gaude.

12.

Smt. Sangeeta S. Naik.

13.

Shri Pundalik V. Khorjuekar.

14.

Shri Sudin A. Natu.

15.

Shri Vishant S. Naik Gaunekar.

16.

Shri Shashank V. Thakur.

17.

Shri Tushar Halarnkar.

18.

Shri Manuel P. Barreto.

19.

Shri Shripad Arlekar.

20.

Shri Chandresh C. Kunkalkar.

21.

Shri Vishal C. Kundaikar.

The Officers shall exercise their option for

fixation of pay in promotional grade in terms of

F.R. 22(I)(a)(1), within a period of one month from the

date of issue of the order. The option once exercised

shall be final.

On promotion, the Officers shall continue to hold

the post presently held by them, until further orders.

The above promotions shall be subject to the

outcome of the Writ Petition No. 240/2021 filed in

Hon’ble High Court of Bombay at Goa.

By order and in the name of the Governor of

Goa.

Anju S. Kerkar, Joint Secretary (Personnel).

Porvorim, 30th December, 2021.

———uuu———

Department of Power

Office of the Chief Electrical Engineer

___

Order

No. CEE/Estt-31-25-88/GPSC/Part/2109

On the recommendation of the Departmental

Promotion Committee as conveyed by the Goa

Public Service Commission vide letter No. COM/II/

/11/16(1)/2017/471 dated 23-12-2021, the Govern-

ment is pleased to promote the following Assistant

Engineers (Elect.) to the post of Executive

Engineers (Elect.), Group ‘A’ Gazetted in the Pay

Matrix Level 11 on regular basis, with immediate

effect and posted at the places shown below against

their names, until further orders.

Sr.

Name of

Place of

No.

the Officer

posting on promotion

1. Shri Walter P.

O/o the Executive

Souza

Engineer (Training),

CEE’s office, Panaji.

2. Shri Jayant Y.

O/o the Executive

Prabhudessai

Engineer, Elect.,

Division XVI, Margao.

3. Shri Arun R. Patil

O/o the Executive

Engineer, Elect.,

Division I, Panaji.

4. Shri S.F. Sulebhavi

O/o the Executive

Engineer, Elect.,

Division IV, Margao.

2. The promotee Officers shall be on probation for

a period of two years. They should exercise an

option for fixation of pay under F.R-22(1) (a) (i) within

one month from the date of promotion.

3. This issues with the approval of the

Government vide Inward No. 3019 dated 28-12-2021.

By order and in the name of the Governor of

Goa.

Raghuvir G. Keni, Chief Electrical Engineer & ex

officio Addl. Secretary.

Panaji, 30th December, 2021.

_______

Order

No. CEE/Estt-31-25-88/GPSC/Part/2124

On the recommendation of the Departmental

Promotion Committee as conveyed by the Goa

Public Service Commission vide letter No. COM/II/

/11/16(1)/2012/475 dated 30-12-2021, the Gover-

nment is pleased to promote the following

Executive Engineers(Elect.) to the post of

Superintending Engineers(Elect.), Group ‘A’

Gazetted in the Pay Matrix Level 12 on regular basis,

with immediate effect and posted at the places

shown below against their names, until further

orders.:

Sr.

Name of

Place of

No.

the Officer

posting on promotion

1. Shri Stephen Fernandes

O/o the Superinten-

-ding Engineer, Circle-

II (N), Panaji.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

934

1

2

3

2. Shri Mayur Padmanabh

Superintending

Hede

Engineer (Planning),

O/o the Chief

Electrical Engineer,

Panaji.

3. Shri Shailesh Kashinath

Superintending

Naik Burye

Engineer (Comm.)

O/o the Chief

Electrical Engineer,

Panaji.

2. They should exercise an option for fixation of

pay under F.R-22(1) (a) (i) within one month from the

date of promotion.

3. This issues with the approval of the

Government vide Inward No. 3034 dated 31-12-2021.

By order and in the name of the Governor of

Goa.

Raghuvir G. Keni, Chief Electrical Engineer & ex

officio Addl. Secretary.

Panaji, 31st December, 2021.

———uuu———

Department of Public Health

___

Order

No. 22/2/2020-I/PHD/2918

Read: 1) Memorandum No. 22/2/2020-I/PHD dated

26-03-2021.

2) Order No. 22/2/2020-I/PHD/2453 dated

17-11-2021.

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/I/5/24(2)/2020/785 dated 27-11-2020, Government

is pleased to appoint the following candidate at

Sr. No. 6 to the post of Tutor in Institute of Nursing

Education under Directorate of Health Services

(Group “B” Non-Gazetted) on temporary basis in

the level-6 of Pay Matrix of 7th Pay Commission (Pay

Band-3 Rs. 9,300-34,800+Grade Pay of Rs. 4,200/-

(pre-revised) with immediate effect and as per the

terms and conditions contained in the

Memorandum cited above:-

6. Ekta Venkat Karkal.

Accordingly, the Sr. No. 6 appearing in the order

read at preamble shall be read as 7 so on.

The above candidate shall be on probation for a

period of two years.

The character & antecedents of the candidate

have been verified.

The above candidate has been declared medically

fit by the Medical Board.

The appointment is made against the vacancies

occurred due to creation of the posts vide Order

No. 22/5/2013-I/PHD dated 30-05-2016 and

subsequently revived vide order No. 22/7/2020-I/

/PHD635 dated 24-03-2021.

By order and in the name of the Governor of

Goa.

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 24th December, 2021.

_______

Order

No. 22/2/2020-I/PHD/2922

Read: 1) Memorandum No. 22/2/2020-I/PHD dated

23-08-2021.

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/I/5/24(2)/2020/124 dated 16-07-2021, Government

is pleased to appoint the following candidates to

the post of Tutor in Institute of Nursing Education

under Directorate of Health Services (Group “B”

Non-Gazetted) on temporary basis in the level-6 of

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

Rs. 9,300-34,800+Grade Pay of Rs. 4,200/- (pre-

revised) with immediate effect and as per the terms

and conditions contained in the Memorandum cited

above:-

1.

Joelita D’souza.

2.

Bertilla Scarlet D’silva.

The above candidates shall be on probation for a

period of two years.

The above candidates have been declared

medically fit by the Medical board.

The character & antecedents of the above

candidates have been verified by District Magistrate

of South Goa District, Margao-Goa.

The appointment are made against the vacancies

occurred due to creation of the posts vide Order

No. 22/5/2013-I/PHD dated 30-05-2016 and

subsequently revived vide order No. 22/7/2020-I/

/PHD635 dated 24-03-2021.

By order and in the name of the Governor of

Goa.

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 24th December, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

935

Order

No. 21/1/99-I/PHD/2925

Government is pleased to accept the notice of

voluntary retirement dated 19-10-2021 tendered by

Dr. Lizette F. C. D’Souza, Public Health Dentist,

Primary Health Centre, Cansaulim under Directorate

of Health Services under Rule 48-A of CCS (Pension)

Rules, 1972 and to relieve her from the post of Public

Health Dentist under Directorate of Health Services

with effect from 19-01-2022 (a.n.).

By order and in the name of the Governor of

Goa.

Gautami Parmekar, Under Secretary (Health).

Porvorim, 27th December, 2021.

———uuu———

Department of Social Welfare

Directorate of Social Welfare

___

Order

No. 13/46/2019/Admn/SWD/Part/4939

Read: No. 13/46/2019/ADMN/SWD/PART/3018

dated 28-09-2021.

On recommendation of the Goa Public Service

Commission as conveyed vide their letter

No. COM/I/5/44(1)/2019/192 dated 03-08-2021,

Government is pleased to appoint Smt. Pradnya

Naveen Desai to the post of Assistant Director

(Welfare of the Differently Abled), Group ‘B’

Gazetted, under Directorate of Social Welfare,

Government of Goa, in the Level-7 of Pay Matrix

[Pay Band-2 Rs. 9,300- 34,800+ Grade Pay Rs. 4,600/-

(pre-revised)].

Smt. Pradnya Naveen Desai shall be on probation

for a period of two years.

Smt. Pradnya Naveen Desai has been declared

medically fit by the Medical Board and that the

character & antecedents has been verified by the

District Magistrate, South Goa, Margao vide letter

dated 36/09/2021/MAG/245/Part VI/14064 dated

24-11-2021 and it is revealed that there is nothing

adverse reported against her.

The expenditure towards Pay and Allowances of

the Officer shall be debited to the Demand No. 57

under the Budget Head of Accounts “2235 — Social

Security and Welfare, 02—Social Welfare,

101—Welfare of Handicapped, 02—Strengthening

of the Department under Social Welfare Wing (Non-

Plan), 01—Salaries”.

By order and in the name of the Governor of

Goa.

Gurudas P. Pilarnekar, Director & ex officio Addl.

Secretary (SW).

Panaji, 16th December, 2021.

Order

No. 13/46/2019/Admn/SWD/Part/4938

Read: No. 13/46/2019/ADMN/SWD/PART/3017

dated 28-09-2021.

On recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/I/5/44(1)/2019/192 dated 03-08-2021, Government

is pleased to appoint Ms. Rashmi Narayan Rawal to

the post of Assistant Director (Welfare of the

Differently Abled), Group ‘B’ Gazetted, under

Directorate of Social Welfare, Government of Goa, in

the Level-7 of Pay Matrix [Pay Band-2 Rs. 9,300-

34,800+ Grade Pay Rs. 4,600/- (pre-revised)].

Ms. Rashmi Narayan Rawal shall be on probation

for a period of two years.

Ms. Rashmi Narayan Rawal has been declared

medically fit by the Medical Board and that the

character & antecedents has been verified by the

District Magistrate, South Goa, Margao vide letter

dated 36/09/2021/MAG/245/Part VII/M.O.60 dated

23-11-2021 and it is revealed that there is nothing

adverse reported against her.

The expenditure towards Pay and Allowances of

the Officer shall be debited to the Demand No. 57

under the Budget Head of Accounts “2235 —Social

Security and Welfare, 02—Social Welfare,

001—Directions & Administration, 01—Directorate

of Social Welfare (NP) 01— Salaries”.

By order and in the name of the Governor of

Goa.

Gurudas P. Pilarnekar, Director & ex officio Addl.

Secretary (SW).

Panaji, 16th December, 2021.

———uuu———

Department of Urban Development

(Municipal Administration)

___

Order

No. 27/1/84-DMA/Part/3537

Read: Order No. 13/7/2000/GAD(I) dated 30-08-

2001.

The Departmental Selection Committee (DSC)

and Departmental Promotion Committee (DPC) in

respect of Group ‘C’ posts in the Department of

Urban Development has been re-constituted as

follows in view of Order dated 24th November, 2021

published in the Official Gazette Series II No. 36

dated 2nd December, 2021 issued by the Department

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

06TH JANUARY, 2022

936

of Personnel, Secretariat-Porvorim:-

1)

Director of Urban Development

— Chairman.

2)

Additional Director of Urban Development

— Member.

3)

Deputy Director (Admn.) of Urban Development

— Member.

Gurudas P. Pilarnekar, Director (Urban Development).

Panaji, 23rd December, 2021.

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