Panaji, 3rd February, 2022 (Magha 14, 1943)

SERIES II No. 45

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

Reg. No. RNP/GOA/32/2021-2023

GOVERNMENT OF GOA

Department of Education, Art & Culture

Directorate of Higher Education

__

Certificate

No. ACAD III/GC/Filling of Posts-Regular/98/

/2021/6588

Read: No. ACAD-III/GC/Filling of Posts-Regular/98/

/2021/5688 dated 22-12-2021.

Certified that the character and antecedents of

Ms. Delilah Assumption Antao appointed to the

post of Assistant Professor in English in Government

College of Arts, Science and Commerce, Khandola-

Goa (Group “A” Gazetted) under Directorate of

Higher Education vide above referred Order has

been verified by the Addl. District Magistrate, South

Goa, Office of the Collector & District Magistrate,

South Goa District, Margao-Goa and nothing

adverse has been reported against her at Police

Stations in Goa.

H. B. Khedekar, Under Secretary (Higher Education).

Porvorim, 28th January, 2022.

_______

Certificate

No. ACAD III/GC/Filling of Posts-Regular/98/

/2021/6589

Read: No. ACAD-III/GC/Filling of Posts-Regular/98/

/2021/6140 dated 06-01-2022.

Note:-

There are five Extraordinary issues to the Official Gazette, Series II No. 44 dated

27-01-2022 as follows:—

(1)

Extraordinary dated 27-01-2022 from pages 1083 to 1084 regarding Notifications from Department of

Finance & Goa Legislature Secretariat.

(2)

Extraordinary (No. 2) dated 31-01-2022 from pages 1085 to 1086 regarding Notification from Department

of Finance.

(3)

Extraordinary (No. 3) dated 31-01-2022 from pages 1087 to 1222 regarding Notification from Department

of Elections.

(4)

Extraordinary (No. 4) dated 01-02-2022 from pages 1223 to 1224 regarding Notifications from Department

of Finance and Order from Department of Home.

(5)

Extraordinary (No. 5) dated 02-02-2022 from pages 1225 to 1228 regarding Notification and Direction

from Department of Elections.

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

1229

Certified that the character and antecedents of

Ms. Vijaya Arjun Nemikal appointed to the post of

Assistant Professor in Geography in Government

College of Arts, Science and Commerce, Khandola-

Goa (Group “A” Gazetted) under Directorate of

Higher Education vide above referred Order has

been verified by the Addl. District Magistrate, South

Goa, Office of the Collector & District Magistrate,

South Goa District, Margao-Goa and nothing

adverse has been reported against her at Police

Stations in Goa.

H. B. Khedekar, Under Secretary (Higher Education).

Porvorim, 28th January, 2022.

———uuu———

Department of Labour

__

Notification

No. 28/2/2021-LAB/Part-II/621

The following Award passed by the Industrial

Tribunal Labour Court, at Panaji-Goa on 07-12-2021

in Ref. No. IT/27/2015 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 December, 2021.

1230

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

IN THE INDUSTRIAL TRIBUNAL LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Ms. Bela N. Naik Hon’ble

Presiding Officer)

Ref. No. IT/27/2015

The President,

GAAL Workers Union,

G-5, Macedo Appts.,

Tisk, Ponda – Goa.

…

Workmen/Party I

V/s

1. M/s Goa Auto Accessories Ltd.,

Honda, Sattari – Goa. …

Employer/Party II(1)

2. The Chairman/MD,

GAAL Employees Consumer’s

Cooperative Society,

C/o M/s. Goa Auto Accessories Ltd.,

Honda, Sattari – Goa. … Employer/Party II(2)

Workmen/Party I represented by

Ld. Adv. Ms. Eruska Dias holding for

Learned Representative Shri P. Gaonkar.

Employer/Party II(1) and (2) proceeding

ex-parte.

AWARD

(Delivered on this the 7th day of the month

of December of the year 2021)

By Order dated 14-07-2015, bearing No. 28/14/

/2015-Lab/697, the Government of Goa in exercise of

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

Disputes Act, 1947 (for short ‘The Act’), has referred

the following dispute to this Tribunal for

adjudication.

“(1)

Whether there exists the employer-employee

relationship between M/s Goa Auto Accessories

Limited, Honda, Sattari, Goa and the following

six workmen employees in its canteen run

through the GAAL Employees’ Consumers

Co-operative Society Limited, Honda, Sattari,

Goa ?

(i)

Shri Vasudev Ganesh

——

Helper

Gaude

(ii)

Shri Vinod Ramesh

——

Waiter

Kudtarkar

(iii) Shri Ganesh Shankar

——

Cook

Parab

(iv) Shri Mahadev Guno

——

Cook

Naik

(v)

Shri Tukaram C.

——

Waiter

Gawas

(vi) Shri Harichandra S.

——

Waiter

Salelakar

(2)

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

affirmative, then, whether the termination of the

services of above mentioned workmen with effect

from 20-02-2014, is legal and justified?

(3)

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

negative, then, what relief the workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/27/2015 and registered A/D notices were

issued to both the parties. Pursuant to service

of notices, Party I filed a Claim Statement at Exb.

5 and Party II(1) filed its Written Statement at

Exhibit 7 and Party II(2) at Exh.8.

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

they are working in the Factory canteen

established by the Party II(1) which is an

industrial establishment situated at Honda

Industrial Estate, Sattari–Goa and these

workmen are working continuously since the

time of joining the said canteen and in the

month of January, 2014, the Management of the

Party II(1) decided to close down the Factory

operation and as such the Management

terminated the services of the present six

workmen w.e.f. 10-02-2014. The Party I states

that the workers working in the Factory were

paid their legal dues such as the retrenchment

compensation, gratuity and other dues in

addition to ex-gratia amount i.e. 55 days per

day of the service and in view of the benefits

given to the workers in the Factory, these

workers also decided to demand the same

benefits to them but the Management refused

to pay them stating that these six workmen are

the workers of GAAL Employees Consumer

Limited.

4. The Party I states that the Goa Auto

Accessories Limited is a very big industrial

establishment and when it was established, the

Factory was employing more than 300 workers.

The wages and the other benefits such as the

uniforms were always given by the Party II(1)

whereas the earned wages were paid by the

Party II(1) through Consumer Society but their

Provident Fund was remitted in the Company

Code of the Party II(1) and all the expenses of

the canteen were paid by the Party II(1) through

the Consumer Society Limited. The overall

supervision of the canteen and overall control

was always done by the Party II(1) through their

Administrative and Human Resources

Department. That after the termination of their

services, the workers demanded their dues but

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

1231

the Party II(1) refused to pay the same and the

workers were not paid their legal dues through

the consumer Society Ltd. i.e. Party II(2). Since

the Employer refused to pay the legal dues, all

the workers raised an industrial dispute

through their Union vide letter dated

10-06-2014 before the Labour Commissioner,

Panaji wherein the conciliation proceedings

took place but due to the adamant attitude of

the Employer, the matter ended in failure upon

which the Government of Goa vide Order dated

14-07-2015 referred the matter for adjudication

to the Industrial Tribunal. Hence, the Party I

states that the Management failed to pay them

the retrenchment compensation, notice pay,

gratuity and other legal dues and hence the

termination of their services is illegal,

unjustified and bad in law. The Management

has not complied with the provisions of Section

25 F, 25 FFF of the I. D. Act nor they have

followed the principles of natural justice and

hence it is prayed that the action of the

Management in terminating their services w.e.f.

10-02-2014 be declared as illegal, unjustified

and bad in law and they are entitled for full

back wages from the date of termination till the

date of payment of legal dues and other reliefs

as prayed in the Claim Statement.

5. Party I states that at the time of termination

of services, the Management failed to pay them

the retrenchment compensation, notice pay,

Gratuity and other legal dues and hence the

termination is illegal, unjustified and bad in

law and as the Management has not complied

with the Section 25 F and 25 FFF of Industrial

Disputes Act, 1947, their termination of

employment is illegal, unjustified and bad in

law and hence they are entitled for full back

wages till the date of payment of legal dues

and ex-gratia payment as paid to the other

Factory workers. The Party I submits that after

termination of their services they are

unemployed.

6. The Party I therefore prayed that since the

action of the Management in terminating their

services effects from 10-02-2014, be declared as

illegal, unjustified and therefore be set aside

and quash the same and the workmen be

granted relief of full back wages from the date

of termination till the date of payment of their

legal dues and ex-gratia @ 55 days of wages

per year of services, in addition to the

retrenchment compensation and gratuity.

7. In the Written Statement the Party II(1) states

that the reference is not maintainable as the

Appropriate Government has not applied its

mind before making the reference and also for

non-joinder of necessary Party, that there does

not exist an employer-employee relationship

between the workers named in the Order of

Reference and the Party II(1). The Party I Union

has no locus standi to raise the dispute on

behalf of the workers of Party II(2), the workers

whose names have been mentioned in the order

of reference were not the members of the

Party I Union at any time and the Party I Union

has not authorized the President of the Party I

Union to espouse the cause of the workers of

the Party II(2).

8. The Party II (1) states that the employees of

Party II(1) formed a Co-operative Society under

the name and style of “Goa Auto Accessories

Ltd. Employees Cooperative Consumer’s Society

Ltd/Party II(2) under registration No. CON-13//

NZ/Goa, a Consumer Society with various aims

and objects such as to run canteen, Hotel,

Lodges, etc. and the Managing Committee of

the Party II(2) approached the Party II(1) with a

proposal to run a canteen for the welfare of the

workers. The Party II(1) agreed to the proposal

of the Party II(2) to run a canteen for providing

subsidized food to the employees of Party II(1)

w.e.f. 1986 and Party II(2) was required to run

the canteen as a welfare measure under the

Factories Act, 1948 however, there was no

statutory obligation. It is stated that in order to

manage and run the canteen as per the

Contract, the Party II(2) employed employees

as per its requirements and the Party II(2) had

issued appointment letters to its employees as

and when employed and the Party II(2) had

control on its employees in the matter of

working payment of wages, maintenance of

records under the various labour laws, taking

of disciplinary action and supervision of their

work and the Party II(2) had covered its

employees under the Employees Provident

Funds and Miscelleneous Provisions Act, 1952

and the Employees Provident State Insurance

Act, 1948 and Rules thereunder and had been

remitting the contribution to the respective

authority under the code number allotted to

the Party II (2).

9. Party II (1) states that they had issued a notice

dated 07-01-2014 of the stoppage of

manufacturing activities of their Factory

establishment and the manufacturing activities

1232

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

of their Factory were thereafter closed w.e.f.

10-03-2014 and all the workers on the rolls of

the Party II(1) were issued notices on

10-02-2014 and all the workers who were

retrenched on account of the stoppage of

manufacturing activities of the Factory were

paid the earned wages of notice period,

retrenchment compensation as required under

the provisions of the I. D. Act, 1947. The

Party II (1) states that the Party II (2) is a Society

registered under the Co-operative Societies Act

and is an independent establishment. After the

stoppage of manufacturing activities of the

Party II (1), the Party I Union raised an industrial

dispute alleging illegal closure of the Factory

of Party II(1) and the dispute was resolved and

a settlement dated 11-03-2014 was signed in

conciliation before the Commissioner, Labour

and Employment and Conciliation Officer,

Panaji and that under clause 4 of the said

settlement dated 11-03-2014, the Party I Union

had agreed to treat all the disputes pending

before the different authorities concerning

Charter of Demands, ex-gratia, wages,

retrenchment, closure of manufacturing

activities etc. as settled.

10. The Party II(1) states that the Party I were not

the employees of the Party II(1) and as such

Party II(1) had never claimed the dispute raised

by the Party I on the stoppage of manufacturing

activities of the Factory of the Party II(1) and

the present dispute raised by the Party I Union

is an afterthought and with malafide intention

to extract money from the Party II(1).

11. The Party II(1) states that the Party II(1) is not

the Employer of the workmen of the Party II(2)

nor have they terminated the services of the

workers of the Party II(2) and the relationship of

employer-employee does not exists between the

Party II(1) and the Party I workers and hence

submits that the reference as against the Party

II(1) is not maintainable and no relief be ordered

against the Party II(1). The Party II(1) denies that

the Party II(1) has terminated the services w.e.f.

10-02-2014 of the six workmen mentioned in the

order of reference and states that since the Party

I employees were not the employees of the Party

II(1), the Party II(1) is not liable to pay any dues

to the Party I employees.

12. The Party II(2) in its Written Statement at

Exhibit 8 stated that the employees of the Party

II(1) had formed a Co-operative Society under

the name and style as the GAAL Workers

Consumer Co-operative Society Ltd. with

various aims and objectives and that on

formation of the Party II(2) Society, the Party II(2)

approached the Employer/Party II(1) with a

request to permit them to run the canteen to

provide better and cheaper food to the workmen

and employees of the Employer/Party II(1) on

payment of subsidized rates. The Party II(1) and

Party II(2) accordingly started the canteen in

the premises of the Party II(1) with the

employees engaged and employed by the Party

II(2) and that after entering into contract with

the Party II(1) to run the canteen, engaged its

own workforce and the Party II(2) had issued

Letters of Appointment to all the employees

appointed by the Party II(2). The Party II(2) had

also covered its employees under the Goa

Daman & Diu Shops and Establishment Act,

1973 and Rules thereunder, Employees

Provident Funds and Miscellaneous Provisions

Act, 1952, Goa Labour Welfare Act, Minimum

Wages Act and such other labour laws

applicable to the Party II(2) Society. The Party

II(2) denies that the Party I workers were the

members of the Party I Union at any time and

also denies all the contentions of the Party I

workmen and the Union made in the Claim

Statement which are contrary to and

inconsistent with the contentions of the Party

II(2) and prays that they are unable to defend

the case.

13. In the Rejoinder at Exhibit 9 the Party I denied

the case put forth by Party II in the Written

Statement.

14. Based on the above mentioned pleadings my

Learned Predecessor has framed the Issues at

Exh. 16 and the same are as follows:

I S S U E S

1. Whether the Party I proves that the action

of the Management in terminating their

services with effect from 10-02-2014 is

illegal and unjustified?

2. Whether the Party I proves that the

management failed to pay them

retrenchment compensation, notice pay,

gratuity and other legal dues and hence

the termination of their services is illegal,

unjustified and bad in law?

3. Whether the Party I proves that the

management has not complied with the

Section 25F and 25FFF of Industrial

Disputes Act, 1947 and hence their

termination of employment is illegal,

unjustified and bad in law?

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

1233

4. Whether the Party II(1) proves that

reference is not maintainable as stipulated

in Para 2 of the Written Statement?

5. What Relief? What Award?

15. In the course of the evidence, the Party I

examined its first witness Shri Puti Gaonkar

and he has placed on record the copy of letter

dated 10-06-2014 at Exh.19, the copy of notice

dated 07-07-2014 at Exh. 20, the copy of notice

dated 21-07-2014 at Exh.21, the copy of letter

dated 21-08-2014 at Exh.22, the copy of letter

dated 07-01-2014 at Exh.23, copy of minutes of

conciliation dated 16-01-2014 at Exh. 24, copy

of Failure Report dated 20-02-2014 at Exh. 25,

copy of settlement dated 04-03-2014 at Exh. 26

and a copy of Provident Fund slip at Exh.27.

16. During cross-examination of this witness (Shri

Puti Gaonkar), copies of communication from

Provident Fund Commissioner dated 21-03-1997

informing them about allotment of Sub Code

No. GOA/10061-C to Goa Auto Accessories Ltd,

and similar communication dated 21-03-1997

allotting Sub Code No. GOA/MH/10061-B to

Party II(2) is taken on record and marked at

Exh. 28 Colly, a copy of the letter written to the

Labour Commissioner electing the witness as

the President of the Union is taken on record

and marked as Exh. 29. Party I also examined its

second witness Shri Vasudev Gawade after

which they closed their evidence.

17. Party II(1) examined its witness Shri Viraj Dravid

and he has placed on record the copy of Bye-

-Laws of Party II(2) at Exh. 34, copies of

Appointment Letters issued to the employees

of Party II(2) at Exh.35 Colly, Copies of

Attendance records of employees of Party II(2)

at Exh. 36 Colly, Copy of wage records of

employees of Party II(2) at Exh. 37, Copies of EPF

records of employees of Party II(2) at Exh.38

Colly, Copy of notice dated 07-01-2014 dated

07-01-2014 of stoppage of activities of Party II(1)

alongwith annexures at Ex. 39 Colly, Copy of

letter to the Party II(2) of termination of contract

of Party II(2) at Exh. 40, Copy of registration

certificate of Party II(2) with L.I. under Shops

and Establishment Act and Rules at Exh. 41,

Copy of settlement under Sec.12(3) dated

11-01-2013 at Exh. 42 Colly, Copy of letter to

Labour Inspector, Bicholim for cancellation of

registration certificate to Party II(2) at Exh. 43

Colly, copy of letter dated 25-09-2014 to Asst.

Registrar of Co-op. Societies for cancellation of

registration of Party II(2) at Exh.44, copy of letter

dated 21-08-2014 to ALC, Mapusa by Party II(1)

at Exh. 45, copy of complaint dated 10-06-2014

to ALC, Mapusa at Exh.46 Colly, Copy of reply

dated 15-09-2014 by Party II(1) to ALC, Mapusa

at Exh. 47, copy of letter dated 10-07-2014 to

Registrar of Co-op. Societies, Ponda from Party

II(2) at Exh. 48 and copy of letter dated

08-3-2016 to Registrar of Co-op. Societies, Ponda

from Party II(2) at Exh. 49.

18. Heard arguments. Learned Advocate

Ms. Eruskha Dias argued on behalf of Party and

she has also placed on record written

submissions on behalf of Party I. Party II(1) and

Party II(2) are proceeding ex-parte.

19. I have gone through the records of the case

and has duly considered the arguments

advanced and also the arguments placed on

record and after going through the same, I have

given my reasons and findings on the issues

which are framed and the same are as follows:

Issue No.1 and 2

…. In the Affirmative

Issue No. 3

…. In the Affirmative

Issue No. 4

…. In the Negative

Issue No. 5

…. As per the final Order

REASONS

Issue No. 1 and 2

20.

Issue No. 1 and 2 are discussed together for

the sake of convenience and also as they are

interconnected. The Party I has examined

and placed on record Affidavit-in-Evidence

of Shri Puti Gaonkar, the President of the

GAAL Workers’ Union which is at Exh.18,

Shri Vasudev Gaude, the Helper of the

Employer/Party II(1) after which the Party I

closed their case and the Party II(1) examined

Shri Viraj Dravid, working for Party II(1) as

their Supervisor who has only produced the

documents relating to the present dispute

on behalf of Party II(1) but there is no cross-

examination of this witness.

21.

Shri Puti Gaonkar has stated in his Affidavit

in Evidence the detailed facts of the present

dispute and has placed on record various

documents from Exh. 19 to Exh. 27 in support

of their case. That according to him the

workmen involved in the present reference

were working in the Factory Canteen

established by Party II(1) at Honda, Sattari –

Goa and all these workers i.e. the six

workmen were continuously in service of

Party II(1) in the Canteen since the time of

joining in the said canteen and they were

continuously working in the said

establishment and it was in the month of

1234

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

January, 2014, the Management of Party II(1)

decided to close down the Factory operations

and terminated the services of these 6

workmen w.e.f. 10-02-2014. It is their

grievance that the other workers working in

the same Factory were paid their legal dues

such as the retrenchment compensation,

gratuity and other dues in addition to ex-

gratia amount but these 6 workmen were

deprived of the same. In order to decide both

these issues, it becomes necessary to look

into the cross-examination of this first

witness of Party I and the documents

produced by him.

22

At the outset, it is seen that the first witness

of Party I states in cross that Party I is

registered under the Companies Act and he

was the President of GAAL Workers’ Union

since last more than 10 years. He has even

stated in cross that Party II(2) is a Society

registered under the Maharashtra

Cooperative Societies Act as applicable to

the State of Goa and according to him, the

workmen terminated in the present case

were continuously working in the said

canteen since the time of their joining. The

document at Exh.23 which is a letter dated

07-01-2014 produced by him shows that vide

this letter the Party II(2) informed the Party I

that the Management has decided to stop

giving financial aid to the Society due to the

closure of operations of the Company on

account of continued losses in the business,

which shows that the Management of

Party II(1) decided to close down the Factory

operations and accordingly the Party I was

informed about it.

23.

Further, the Party II(2) vide their letter dated

10-07-2014 which is at Exh.48 informed the

Registrar of Cooperative Societies, Ponda

that since the Party II(1) Company has

stopped its manufacturing activities, the

Party II(2) has stopped providing canteen

facilities to Party II(1) from March, 2014 and

because of this the six workmen were

deprived of their services by the Party II(1).

This witness has also produced the copy of

the letter dated 10-06-2014 which is at

Exh.19 which is written by Shri Puti Goankar

the President of GAAL Workers’ Union

addressed to the Labour Commissioner that

his intervention is necessary because of

illegal termination of 6 canteen workmen

employed by the Goa Auto Accessories Ltd/

/Party II(1) in the canteen managed by the

Company through the Society formed by the

Management. It is also mentioned in this

letter that all these workmen were engaged

by the Party II(1) and were paid by them to

work in the Canteen of the Company

managed by Party II(2) and they were not

paid their legal dues and other dues to which

they were entitled. Exh.20 is the letter dated

07-07-2014 written by the Assistant Labour

Commissioner, Mapusa to the Party II(1),

Managing Director informing them about

Exh.19 and asking them to offer their

comments. Exh. 22 is also the letter dated

21-08-2014 written by the Chairman and MD

of Party II(1) to the Assistant Labour

Commissioner, Mapusa stating that the said

six workers are not the employees of their

Company and to refer the matter to Party II(2).

Exh. 24 are the minutes of the meeting held

on 16-01-2015 between the Party II(2) and the

Party II(1) and the Party I, the contents of

which are self-explanatory and it is also

mentioned that there was no possibility of

any settlement in the said matter. It is

mentioned in this document at Exh.24 that

the canteen workers were working in the

Canteen run by the GAAL Management for

their employees, in the Administrative

Building of the Company within Factory

premises and their wages were paid by the

GAAL Management through Consumer

Society formed by the Company. The Failure

Report of the conciliation proceedings is at

Exh. 25 dated 20-02-2015. Exh. 25 are the

Minutes of the Meeting before the Labour

Commissioner held on 03-03-2014 between

the Party I and Party II(1) in the matter of

retrenchment of the workmen. Exh. 27 is the

copy of the Provident Fund Slip of the

workmen Shri Ganesh Parab issued by the

Party II(1)/Goa Auto Accessories Ltd. which

shows that the Provident Fund is paid to the

workmen by Party II(1). Exh. 28 Colly is again

the Provident Fund records from the Office

of Regional Provident Commissioner, Panaji

– Goa which shows that the Provident Fund

has been paid by the Party II(2) of their Code.

24.

A perusal on Exh.42 Colly which is

Memorandum of Settlement dated

14-03-2014 shows that it was agreed by the

Party II(1)/the Employer, and the GAAL

Workers’ Union that 41 workmen on the rolls

of the Party II(1) were properly retrenched

w.e.f. 10-02-2014 on account of the closure of

the manufacturing operations at Honda,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

1235

Sattari w.e.f. 10-03-2014 and it is also seen

that the Party II(1) had also agreed to pay all

the dues to all the said 41 workmen and the

legal dues would be paid on or before 15-03-2014

and ex-gratia amount to be paid by

05-04-2014. From the evidence vis-à-vis the

documents at various exhibits shows that

the wages and other benefits such as

uniforms, were given by the Party II(2) and

the earned wages were paid by the Party II(2)

to the Consumer Society. But the Provident

Fund was remitted in the Company Code of

the Party II(1) which is evident from the Pay

Slip of the Party I workmen which is at

Exh. 27 showing a Provident Code number

of the workmen of Party II(1) and all the

expenses of the canteen were paid by the

Party II(1) through the Consumer Society Ltd.

25.

The second witness of Party I is

Shri Vasudev Gawade who was working in

the Canteen situated on the ground floor of

the Administrative Building of the Party II(1)

and he along with 5 other workmen have

been terminated from their services and as

such he is involved in the present reference.

He states in his Affidavit in Evidence that he

was working in the Factory Canteen

continuously since their joining in the said

Canteen and it is his allegation and

grievance that he along with 5 other

workmen have been terminated by the Party

II(1) without following and complying with

the required provisions of the I. D. Act and as

such their termination of employment is

illegal, unjustified and bad in law. In his

cross-examination he has clearly stated that

he was appointed by Party II(1) as a Helper

in the Canteen and when his appointment

dated 22-02-1995 was shown to him, he

stated that he was appointed as a Canteen

Boy vide said Appointment Letter issued by

the Party II(2) and he also admitted that the

Appointment Letter is signed by the

Chairman of Party II(2), but important to note

that he has clarified this by stating that “I

add and say that D.B. Narvekar was the

Personnel Manager of the Party II(1)”. It is

seen that there is no denial on this aspect by

the Advocate for Party II(1). He even further

states in cross that he was not appointed as

a Helper as per the Appointment Letter but

was appointed as a Canteen Boy as he was

doing the work of Helper.

26.

He admits that though the Canteen was run

by Party II(2), he further stated that the wages

were paid by II(1). He has even stated in cross

that the settlement was made with regards

to 41 workers, which settlement was signed

by GAAL Workers’ Union and he is one of the

Member of the same Union. He has clarified

that all the 6 workmen including him had

raised the issue of not considering their case

for settlement along with the other members

with the Union and the Union stated that

the settlement was going on with the

Management. He has even stated that the

Employer used to issue them Payment Slip

every month for the monthly wages paid and

there is again no denial on this aspect.

Therefore, the testimony of both the

witnesses clearly proves that this 6 workmen

who have been terminated from their

services were working in the Factory

Canteen of Party II(1) which Canteen was run

by Party II(2) and their wages were paid by

the Party II(2). Hence, this goes to show that

there existed employer-employee relation-

ship between Party I and Party II(2) from the

date of joining of the services as the Party

II(1) which is an establishment was running

the canteen facility by engaging the agency

of Party II(2) Society and as such the Party

II(2) is a Society which is an agency of the

Party II(1) which was formed and created to

run and to provide canteen facilities to the

employees of the Party II(1) which is evident

from the letter dated 10-02-2014 which is at

Exh.48 wherein they have informed the

Registrar of Co-operative Societies Ponda

that they have stopped giving canteen

facilities to the employees of Party II(1) as

the Party II(1) has stopped its manufacturing

activities and moreover the letter at Exh. 44

which is dated 25-09-2014 shows that Party

II(2) requested for cancellation of their

registration as they had stopped giving

facilities to the employees of the Party II(1).

Hence, all this goes to show that the Party I

workmen were the employees of the

Party II(2) Society and Party I were

terminated from their services without

providing them retrenchment compen-

sation, notice pay, gratuity and other legal

dues as required u/s 25 F and 25 FFF of the

I. D. Act and as such their termination of

services in my considered opinion is not

justified, it is illegal and therefore bad in law.

27.

Shri P. Gaonkar has placed reliance on the

following Authorities:

1.

Dharangadhara Chemical Works Ltd

V/s State of Saurasthra (1957 AIR 264)

wherein the Hon’ble Supreme Court has

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SERIES II No. 45

3RD FEBRUARY, 2022

observed that “The principle which emerges

from these authorities is that the prima facie

test for the determination of the relationship

between master and servant is the existence

of the right in the master to supervise and

control the work done by the servant not only

in the mater of directing what work the

servant is to do but also the manner in which

he shall do his work”.

2.

Silver Jubilee Tailoring House v/s Chief

Inspector of Shops and Establishment

(1974) 3 SCC 498, wherein the Hon’ble

Supreme Court has observed that “35.

……The degree of control and supervision

would be different in different types of

business. If an ultimate authority over the

worker in the performance of his work resided

in the employer so that he was subject to the

later’s direction, that would be sufficient”.

3.

Workmen of Nilgiri Coop. Mkt. Society Ltd.

Case (2004) 3 SCC 514 wherein the Hon’ble

Apex Court has observed that “94.There

cannot be any doubt whatsoever that where

a person is engaged through an intermediary

or otherwise for getting a job done, a question

may arise as the appointment of an

intermediary was merely sham and nominal

and rather than camouflage where a definite

plea is raised in the Industrial Tribunal or the

Labour Court, as the case may be, and in that

event, it would be entitled to pierce the veil

and arrive at a finding that the justification

relating to appointment of a contractor is

sham or nominal and in effect and substance

there exists a direct relationship of employer

and employee between the principal employer

and the workman”.

4.

Parimal Chandra Raha & Ors. v/s Life

Insurance Corporation of India and Ors.,

1995 AIR 1666 wherein the Hon’ble Supreme

Court has observed that “29. ……..that it

cannot be disputed that the canteen service

is essential for the efficient working of the

employees and of the offices of the

Corporation. In fact, by controlling the hours

during which the counter and floor service

will be made available to the employees by the

canteen, the Corporation has also tried to

avoid the waste of time which would

otherwise be the result if the employees have

to go outside the offices in search of such

services. The service is available to all the

employees in the premises of the office itself

and continuously since inception of the

Corporation, as pointed out earlier………The

canteen committees, the cooperative society

of the employees and the contractors engaged

from time to time are in reality the agencies of

the Corporation and a veil between the

Corporation and the canteen workers. We

have, therefore, no hesitation in coming to the

conclusion that the canteen workers are in fact

the employees of the Corporation.”

5.

Secy., Haryana SEB v/s Suresh, (1999) 3 SCC

601 wherein the Hon’ble Supreme Court has

observed that “There is, however, a total

unanimity of judicial pronouncements to the

effect that in the event the contract labour is

employed in an establishment for seasonal

workings, question of abolition would not

arise but in the event of the same being

perennial in nature, that is to say, in the event

of the engagement of labour force through an

intermediary which is otherwise in the

ordinary course of events and involves

continuity in the work, the legislature is

candid enough to record its abolition since

involvement of the contractor may have its

social evil of labour exploitation and thus the

contractor ought to go out of the scene

bringing together the principal employer and

the contract labourers rendering the

employment as direct, and resultantly a direct

employee.”

6.

The General Manager, Bharat Heavy

Electricals Ltd., Ranipet v/s Canteen

Workers of BHEL, 2010 SCC OnLine Mad

19, where the concerned workers were

similarly employed in the Canteen premises

of the Corporation through a Society has held

that: “Though the second respondent was

constituted as an independent co-operative

society, in its actual functioning, the society

acted as an organ of BHEL. In fact, BHEL was

running the Canteen. The second respondent

society was only a name lender. The canteen

was a statutory canteen in all respects, opened

and operated by BHEL.”

Issue No. 3

28.

It is grievance of the Party I that the

Management while terminating them have

not complied with the mandatory provisions

of Section 25 F and 25 FFF of the I. D. Act and

as such their termination of employment is

illegal, unjustified and bad in law and as such

they are entitled for the reliefs as prayed and

at the same time the Party I has also alleged

that the Management has not followed the

OFFICIAL GAZETTE — GOVT. OF GOA

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3RD FEBRUARY, 2022

1237

principles of natural justice. In order to

decide this, it becomes necessary to look into

the provisions of both the above sections

which reads as follows:

25-F.

Conditions precedent to retrenchment of

workmen – No workman employed in any

industry who has been in continuous service

for not less than one year under an employer

shall be retrenched by that employer until –

(a)

The workman has been given one

month’s notice in writing indicating the

reasons for retrenchment and the period

of notice has expired, or the workman has

been paid in lieu of such notice, wage for

the period of the notice:

(b)

The workman has been paid, at the time

of retrenchment, compensation which

shall be equivalent to fifteen days’

average pay (for every completed year of

continuous service) or any part thereof

in excess of six months and

(c)

Notice in the prescribed manner is

served on the appropriate Government

(or such authority as may be specified

by the appropriate Government by

notification in the Official Gazette).

25-FFF. Compensation to workmen in case of closing

down of undertakings - (1) Where an

undertaking is closed down for any reason

whatsoever, every workman who has been in

continuous service for not less than one year

in that undertaking immediately before such

closure shall, subject to the provisions of

sub-section (2), be entitled to notice and

compensation in accordance with the

provisions of Section 25-F, as if the workman

had been retrenched:

Provided that where the undertaking is closed

down on account of unavoidable circum-

stances beyond the control of the employer,

the compensation to be paid to the workman

under clause (b) of Section 25-F, shall not

exceed his average pay for three months.

29.

A perusal on both the above provisions

clearly states and indicates that it is

mandatory on part of the Employer to comply

both the above sections and in this case the

Party II(1) who is the Employer and the Party

II(2) who was running the said canteen have

failed to pay the retrenchment compen-

sation, notice pay, gratuity and other legal

dues to the workers involved in the present

reference. As mentioned while discussing

issue No.1 and 2 that the Party I workmen

were continuously in service employed at the

Factory canteen as the said canteen was

established by the Party II(1) and all the

finances for running of the said Factory

canteen were provided by the Party II(1)

through the Society Party II(2) which is an

agency of the Party I Company. As such, it

becomes clear and stands proved that

running of the canteen facility was made by

the Party II(1) for the benefit of the workers

for which purpose the Party II(2) came into

existence so as to provide them canteen

facilities and providing them proper

nourishment at a subsidized rate. Therefore

the main control or the main Controller is

the Party II(1) at whose behest Party II(2) was

running the Canteen. Even though in this

case both the witnesses of the Party I have

not produced any Appointment Letter but,

as stated above from the various documents

on record it is abundantly clear that the

workers involved in the present reference

and their services admitted by both the

Parties i.e. Party II(1) and Party II(2) which is

evident from the documents and also before

the conciliation proceedings as vide Exh.48,

the Party II(2) had informed vide their letter

dated 10-07-2014 which was intimation to

the Registrar of Co-operative Society, Ponda

that they had stopped giving canteen

facilities to the employees of Party II(1) since

the Party II(1) had stopped its manufacturing

activities which also proves that it is

admitted by the Party II(2) that the workmen

involved in the present reference were

working for them who were appointed in the

Factory canteen. Even as stated above, vide

Exh.44 the Party II (2) even requested the

cancellation of the registration of their

Society since they had stopped giving

canteen facilities to the employees of Party

II(1), therefore, it does not lie in the mouth of

Party II(2) that the Applicant were not their

employees and were not engaged by them.

This proves that there existed an employer-

employee relationship between the Party I

and Party II(2) from the time of employing

these workmen till the date of their

termination. The Party II(2) cannot run away

from its responsibilities merely because they

have closed their establishment now. Hence

it is clear that inspite of terminating these

workmen from their services, the Party II(2)

refused to pay their legal dues through the

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Party II(2). The Management failed to pay to

the Party I workmen the retrenchment

compensation, notice pay, gratuity and other

legal dues, therefore, it stands proved that

the termination is not legal and unjustified.

Even after, the termination of their services

when the Party I workmen demanded their

legal dues, the party II(1) refused to pay the

same through Party II(2) Society which is an

agency of the Party II(1) and because of non-

payment of the legal dues to the Party I, the

industrial dispute came to be raised by the

Party I through their Union vide letter dated

10-06-2014 before the Labour Commissioner,

Panaji – Goa. It is also seen that the Party II(2)

at the time of terminating their services,

failed to issue notices to the Party I workmen

as no notice was issued to any of the

workmen and as such the workmen were

entitled for a notice and compensation in

accordance with the provisions of

Section 25 F.

Issue No. 4

30.

The Party II(1) which is an establishment has

remained absent throughout and the matter

has proceeded ex-parte against Party II(1).

In the Written Statement the Party II(1) raised

an objection that the present reference is not

maintainable as the appropriate Government

has not applied its mind before making the

reference, for non-joinder of necessary

Parties and that there is no employer-

-employee relationship between Party II(1)

and the Applicant workmen, and the GAAL

Workers’ Union has no locus standi to raise

the present dispute on behalf of the workers

of Party II(2) and the workers whose names

have been mentioned in the Order of

Reference were not the members of the

Party I Union at any point of time, and lastly

that the Party I Union has not authorized the

President of the Party I Union to espouse the

cause of the workers of the Party II(2).

31.

Admittedly, the Party II(1) has not led any

evidence on all these objections nor the

matter has been argued by Party II(1) but

since all these objections are on the law

point, I am inclined to give my reasoning on

the same inspite of there being no evidence

of any nature from the Party II(1).

32.

At the outset, it is seen that the present

reference came to be referred on account of

failure report of the conciliation proceedings

before the Labour Commissioner. There is no

iota of any pleadings of whatsoever nature

as to why the Appropriate Government has

not applied its mind before making the

reference. There is also an objection from the

Party II(1) that the present reference is bad

in law for non-joinder of Parties as there does

not exists an employer-employee relation-

ship between Party II(1) and the Applicant

workmen. On both these objections I have

given my reasoning while deciding issue

No.1, 2 and 3 that from the testimony of both

the witnesses of the Party I vis-à-vis their

documents it stands clearly established that

the Party I workmen were in continuous

service employed by Party II(2) through

Party II(1). Therefore, the same are not

repeated.

33.

It is also the objection that the GAAL

Workers’ Union have no locus standi to raise

dispute on behalf of the workers of Party II(2)

and there is also an objection that the

workers whose names have been mentioned

in the Order of Reference were not the

members of the Party I Union at any time. To

this it is seen that it was incumbent on the

part of the Party II(1) to lead sufficient

evidence with documentary proof that these

workmen whose names are mentioned in the

Order of Reference were not the members of

the Party I Union at any time and to this it is

seen that the first witness of the Party I Shri

Puti Gaonkar who is the President of the

GAAL Workers’ Union, Honda – Goa has

clearly mentioned in his Affidavit-in-

-Evidence that the workers involved in the

present reference were working in the

Factory canteen established by the Party II(1)

at Honda and all these workers were working

continuously since their joining the said

canteen. He has also mentioned that the

Party I workmen in the reference were

working in the Factory canteen established

by the Party II(1) at their Factory at Honda

and since then they were continuously

working in the said establishment and, the

Management of Party II(1) decided to close

down the Factory operations in the month of

January, 2014 and due to the closing down

of the Factory operations, the services of

these six workmen w.e.f. 10-02-2014.

34.

But, it is seen that though the Party I workmen

were not the members of the Union as

objected by both the Opposite Parties, but

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

1239

to this it is to be noted that it is a settled law

that the workmen can raise their dispute

through the Union leader and that is why on

their behalf Shri Puti Goankar, the President

of GAAL Workers Union is contesting the

present reference. But, nevertheless it has

been discussed and held above that all these

six workmen were working in the Factory

canteen established by Party II(1) through

the Society Party II(2). The document shows

that the wages and the other benefits were

given by the Party II(2) and as such since

there is no evidence to show that these

workmen were the members of the Party I

Union, it cannot be said that the reference is

bad in law as the employment of the workers

by both the Parties i.e. Party II(1) and

Party II(2) is admitted.

Issue No. 5

35.

Admittedly, in this case the workmen have

been terminated from their services without

following the due procedure of law and there

is also violation of principles of natural

justice. There is again absence of notice

under sub clause (a) of Section 25 of the I. D.

Act and non-compliance of Section 25 F and

Section 25 FFF. It is seen that the present

workmen/Party I were employed by the Party

II(2), a Society which was running the

canteen for the Employer but the Employer

Code of the Provident Fund is seen to be of

Party II(1) because it appears that Party II(2)

has no separate code for providing Provident

Fund to the employees for which purpose in

my considered opinion, it becomes the

liability of Party II(2) to pay the retrenchment

compensation to the Party I/Workmen and

Party II(1) which is already a closed Unit

cannot be held liable to provide any

compensation to the Party I as the

appointment of Party I workmen was done

by Party II(2).

Hence, in view of the above reasons, I pass the

following Order:

ORDER

(1)

The Party II(2)/M/s GAAL Employees

Consumer’s Cooperative Society Ltd., Honda,

Sattari–Goa is hereby directed to pay

retrenchment compensation and gratuity to

the Party I workmen from the date of

termination of their services.

(2)

No Order as to cost.

(3)

Inform the Government accordingly.

Sd/-

(Bela N. Naik)

Presiding Officer

Industrial Tribunal and Labour Court.

Dated: 07-12-2021.

Place: Panaji, Goa.

_______

Notification

No. 28/2/2022-LAB/52

The following Award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

12-01-2022 in Appln. No. 01/2019 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, 21st January, 2022.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Ms. Bela N. Naik, Hon’ble

Presiding Officer)

Appln. No. 01/2019

Mr. Antao Antonio Francisco,

Costa Vado, Majorda,

Salcete-Goa

…

Applicant/Party I.

V/s

M/s Gosalia Shipping Pvt. Ltd.,

Salgaonkar Chambers,

P. O. Box No. 114,

Margao-Goa

… Opponent/Party II.

Applicant/Party I represented by Adv. Shri P. J.

Kamat.

Opponent/Party II represented by Advocate S.

Mangueshkar.

AWARD

(Delivered on this the 12th day of the month

of January of the year 2022)

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SERIES II No. 45

3RD FEBRUARY, 2022

This is an application u/s 2-A (2) of the I. D. Act,

1947 filed by the Applicant wherein he prays that an

Award may be passed holding that the action of the

Party II in terminating his services is non-est, illegal

and unjust and that the Party I continues to be in

service with full back wages upto the date of his

retirement on 10-09-2010, other benefits, continuity

in service and consequential benefits.

2.

The case of the Applicant in brief is that the

Applicant states that he was appointed as a

Crane Operator cum Fitter by the Opponent

w.e.f. 01-10-1991 and had worked with

unblemished and good records and as per his

appointment, he was required to work on Board

Transhipper vessels owned/chartered by the

Opponent Party II or other such vessels of the

associate companies and to work on a marine

or shore establishment as and when directed.

The Opponent has associate Company namely

Vishal Gomantak Shipping Pvt. Ltd. (said

Company) which operates a transhipper M.V.

Sunrise at Panaji Port which is a minor port and

though he was appointed by the Opponent,

after working with the Opponent for few years,

he was deputed to the said Company for work

on transhipping on M.V. Sunrise at Panaji Port

till 26-10-2001 as a Crane Operator and though

he was deputed to work with the said Company,

the disciplinary authority remained with the

Opponent being the Employer of the Party I.

e 3. That on 27-10-2001, the Opponent issued a

letter terminating his services with immediate

effect alleging loss of confidence and the

Opponent did not give any advance notice nor

paid any compensation as provided u/s 25 of

the said Act at the time of issuance of the said

letter or any time thereafter and as such this

act of the Opponent is illegal and unjustified

according to the Party I. The Applicant was

deputed to work with the said Company along

with the workers of the said Company on

transhipper M.V. Sunrise at Panaji who were

members of the Marmagoa Waterfront Workers’

Union (the said Union), the Applicant

approached the said Union for taking up his

matter. The Union raised the dispute against

the said Company along with the dispute of

other workers of the said Company who had

been refused employment from 17-01-2002 and

18-01-2002 under a bonafide belief that the

Applicant was working for the said Company.

This dispute of the Applicant along with the

dispute of other workers of the said Company

were referred for adjudication vide reference

dated 12-05-2002 to this Tribunal which was

registered as reference No. IT/38/02. This

dispute was adjudicated by the Tribunal vide

Award dated 30-11-2018 holding that the action

of the said Company with regards to the

termination of the said workers is illegal and

unjust and directed payment of 50% of the back

wages with consequential benefits.

4. The Applicant states that since he was an

employee of the Opponent, this Tribunal held

that the Party I is not entitled for any relief nor

the Party I can be the part of the present

reference. According to the Applicant since his

dispute was referred to the Tribunal under

wrong assumption that he was an employee of

the said Company, the Hon’ble Tribunal held

that Party I cannot be a part of the dispute in

IT/38/2002 and his dispute is still alive as he

does not accept the same as it was in a wrong

forum and as such there is no delay on his part

in raising the dispute. The Applicant thereafter,

replied to the Opponent vide notice dated

14-03-2019 intimating that their act in

terminating his services under the said alleged

grounds are illegal and unjustified and he may

be re-instated in service with full back wages.

The copy was also sent to the Labour

Commissioner. The Applicant states that

though the Opponent had received the Demand

Notice dated 14-03-2019 but his demands were

not considered and as such he approached the

Labour Commissioner and Conciliation Officer,

Government of Goa for intervention in the

dispute. The Labour Commissioner sent a notice

dated 02-07-2019 to the Opponent for

discussion and called upon them to file their

comments on the demands of the Party I. The

Opponent was duly served and the matter was

ended in failure as the settlement was not

possible.

5. The Applicant states that as the Opponent did

not agree to reinstate him with full back wages,

continuity in service and consequential

benefits, it was mandatory on the part of the

ALC & Conciliation Officer to record failure of

discussions and report the same to the

Appropriate Government within 14 days of such

failure. The Applicant states that the ALC &

Conciliation Officer of Panaji took up the matter

on 22-07-2019 and is still pending in conciliation

and the Conciliation Officer would take much

time to make his report to the Appropriate

Government which will cause prejudice to the

Applicant and as sufficient time has gone after

his termination, the Applicant approached this

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

1241

Tribunal directly under Section 2A(2) of the I.

D. Act, 1947 for adjudication. The Applicant

further states that he had made an application

to the Conciliation Officer of the Appropriate

Government on 07-06-2019 for conciliation of

the dispute and the first date of discussion on

the dispute of the Applicant was fixed on

22-07-2019 and the last date was on 04-10-2019

on which date the Asst. Labour Commissioner

& Conciliation Officer, Panaji adjourned the

matter further.

6. It is stated that the action of the Opponent in

terminating the services of the Applicant w.e.f.

27-10-2001 is illegal, unjust and malafide and

that the Applicant is unemployed from the date

of his refusal of employment till date and that

he has tried his best to secure employment but

failed and that the sons of the Applicant are

supporting him from the date of his

unemployment. The Applicant states that the

action of the Opponent in terminating him from

the services with effect from 27-10-2001 is non-

est, illegal, unjust and malafide.

7. The Written Statement came to be filed by the

Opponent denying the case of the Applicant

and states that the present application is not

maintainable on facts and in law and is barred

by law of limitation. That according to them

when the proceedings are pending before the

Labour Commissioner, the Applicant cannot

approach this Tribunal on the same issues and

on the same alleged cause of action. The

Applicant has not followed the due process of

law and he cannot supercede the lawful

authorities without exausting the other

remedies in law. That according to them, the

Gosalia Shipping Pvt. Ltd. has been struck off

from the Registrar of the Companies and as such

the said Company is dissolved on 24-05-2019

and as such the present claim is not

maintainable against them. The Applicant has

belatedly filed the application after 17 years

inspite of having received the termination letter

dated 27-10-2001 by Gosalia Shipping Pvt. Ltd.

and as such the present application is

hopelessly barred by law of limitation.

8. It is also the case of the Opponent that the

Applicant was terminated from the services for

loss of confidence and this Hon’ble Tribunal has

rightly held that the Applicant was not the

employee of some other Company. He has falsely

stated that he was under belief of working for

some other Company when he has clearly stated

that he received the termination letter from

Party II. The Opponent states that the

application made by the Applicant is not

maintainable and the same is made only to get

benefits from this Tribunal which is not legal.

Hence, it is prayed that the application be

dismissed.

9. In the Rejoinder at Exhibit 9, the Applicant

denied the case put forth by the Opponent in

the Written Statement.

10. Based on the above mentioned pleadings, my

Learned Predecessor has framed the Issues at

Exh. 10 and the same are as follows:

Issues

1. Whether the Party I proves that the action of the

Party II in terminating his services w.e.f.

27-10-2001 is illegal and unjustified?

2. Whether Party II proves that the application is

barred by law of limitation and not

maintainable?

3. What Relief? What Order?

11. In the course of the evidence, the Applicant

examined himself and has placed on record the

copy of the letter of termination dated

27-10-2001 at Exh.13, the copy of Award dated

30-11-2018 in reference No. IT/38/02 at Exh.14,

copy of Order of Reference dated 12-05-2002 at

Exh.15, copy of Birth Certificate of Applicant/

/Party I at Exh.16, copy of letter of demand dated

14-03-2019 to Party II at Exh.17, copy of letter

dated 07-06/2019 to ALC, Vasco-da-Gama at

Exh. 18, copy of letter dated 02-07-2019 by ALC,

Panaji at Exh.19 and copy of Noting Sheets of

ALC & Conciliation Officer at Exh. 20. During

cross-examination certified copy of the

Affidavit-in-Evidence along with the deposition

in reference No. IT/38/2002 is taken on record

and marked at Exh. 21-D Colly.

12. Heard arguments. Learned Advocate Shri P. J.

Kamat argued on behalf of the Applicant/Party I

and Learned Advocate, Shri S. Mangueshkar

has argued on behalf of the Opponent/Party II.

13. I have gone through the records of the case and

has duly considered the arguments advanced

and I have given my reasons and findings on

the issues which are framed and the same are

as follows:

Issue No. 1 ….

In the negative.

Issue No. 2 ….

In the negative.

Issue No. 3 ….

As per the final Order.

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SERIES II No. 45

3RD FEBRUARY, 2022

REASONS

Issue No. 1

14. The Applicant/Party I, Shri Antao A. Francisco

has examined himself by placing on record his

Affidavit-in-Evidence which is at Exh. 12 and

has mentioned on it the detailed facts of his

case and the cause of action which gave rise to

the present dispute and in support of his case

he has placed on record the documents from

Exhibits 13 to 20 and I have perused all these

documents in deciding the present case.

15. Admittedly, in this case the Party I states that

he was appointed as a Crane Operator by the

Opponent in the year 1991 and he was required

to work on Board Transhipper Vessels owned

by the Opponent/Party II or any other such

vessels of the Associate Companies as and when

directed by the Party II. It is also an admitted

fact that the Opponent has associate Company

namely M/s Vishal Gomantak Shipping

Company Pvt. Ltd./the said Company who used

to operate a transhipper M.V. Sunrise at Panaji

Port which is a minor port and according to Party I

after some years he was deputed to the said

Company by the Opponent to work on the

transhipper M. V. Sunrise as a Crane Operator

and he worked on this transhipper till 26-10-2001.

It is pertinent to note here that the Party I has

admitted that though he was deputed to do the

work at the said Company but all the

disciplinary action and the authority remained

with the Opponent being his Employer. This

goes to show that the Party I has admitted Party II

as its Employer and also admitted the fact that

the disciplinary authority remained with the

Party II.

16. A perusal on Exh.13 clearly shows that the

Opponent has issued a letter of termination to

the Applicant by registered A/D post

intimating him that his services stands

terminated with immediate effect on the

grounds of loss of confidence in the Applicant.

It is the allegation of the Applicant that this

act of the Party II of terminating him is totally

illegal and unjustified as no advance notice was

served on him nor he was paid any

compensation as provided u/s 25-F of the I. D.

Act, 1947. It is also true that the Applicant

approached the Union namely Marmagoa

Waterfront Workers’ Union which consisted of

the workers of the said Company who were also

refused employment w.e.f. 17-01-2002 and

18-01-2002 as the Applicant contends that he

was under a bonafide belief that he was

working for the said Company which is Vishal

Gomantak Shipping Company. On this

understanding, the Applicant contends that he

joined the Union for taking up his matter since

he was deputed to work with the said Company

which means according to the Applicant he

approached the said Union as he was under a

bonafide belief that he was to join the said Union

as he was deputed to work at the said Company

by the Opponent but it is seen that his dispute

along with the dispute of the other workers of

the said Company were referred for

adjudication vide reference Order No. 28/25/

/2002-LAB dated 12-05-2002 to the Hon’ble

Industrial Tribunal which reference was

registered as IT/38/02 and the Applicant has

placed on record the copy of the said Award

dated 30-11-2018 which is at Exh.14. Exh.14

makes it very clear that an Award has been

passed by my Learned predecessor holding that

the action of the Management of M/s Vishal

Gomantak Shipping Company in terminating

the services of the workmen whose names were

mentioned at Sr. No. 2 of Part A and B were held

to be illegal and unjustified except that of the

Party I/Applicant, Shri Antonio A. Francisco

which means that by this Award the

termination of the present Applicant was not

held to be illegal nor unjustified and the

Tribunal also held that the Party I was not

entitled for any reliefs nor he can be a part of

the said reference. Exh. 14 which is an Award

passed in reference No. IT/38/02 was between

the workmen represented by the Marmagoa

Waterfront and the said Company which is

Vishal Gomantak Shipping Company. This

Award stands binding on all the Parties to the

said Award including the present Applicant as

the same has not been set aside by the Higher

Courts till date. The contention of the Applicant

that he was under wrong assumption that he

was an employee of the said Company/Vishal

Gomantak is highly difficult to be believed as

he was only deputed to work at the said

Company by the Opponent and therefore my

predecessor held that the Applicant was not

entitled for any reliefs and he cannot be a part

of the dispute referred in IT/38/02 which order

remains in force as on today.

17. It is further seen that having lost the battle by

the Applicant in the said IT/38/02, he gave a

notice dated 14-03-2019 to Party II by registered

A/D post which is at Exh.17 intimating them

that his termination is illegal and unjustified

as he had not committed any misconduct for

losing confidence and demanded that he may

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

1243

be re-instated in service with full back wages

and other reliefs. The Opponent received

Exh.17 but did not consider his demands and

as such the Applicant approached the Labour

Commissioner and the Conciliation Officer,

Government of Goa at Panaji for intervention in

the present dispute. From the records it is seen

that this conciliation has failed and he has

placed on record the copy of the letter dated

02-07-2019 made to ALC which is at Exh.19 and

copy of the noting sheets of ALC and

Conciliation Officer is at Exh. 20 which shows

that the conciliation failed and as such he

approached this Tribunal directly u/s 2-A (2) of

the I. D. Act, 1947 for adjudication of the present

dispute.

18. Now, coming to the cross-examination of the

Applicant wherein he has miserably failed to

answer to all the relevant questions put to him

by the Advocate for the Opponent. Though

according to the Applicant, he was appointed

as a Crane Operator cum Fitter by the Opponent

w.e.f. 01-10-1991, he addmitted in cross that he

does not have any documents to show that he

was appointed to the said post from 01-10-1991

which fact has damaged his own case and in

the absence of such Appointment Letter from

the Applicant it is very difficult to believe the

same. Further, according to him after working

with the Opponent for some years, he was

deputed to the said Company for work on the

Transhipper M. V. Sunrise but he failed to

mention in his Affidavit-in-Evidence and in his

application the date on which he was deputed

and at the same time he states that he worked

on the said Transhipper till 26-10-2001 as a

Crane Operator and there are no documents

supporting this contention as there is no

document showing the date of his deputation

and that he worked on the said Transhipper till

26-10-2001.

19. He has admitted in cross that from 26-10-2001

till the filing of the present application he did

not initiate any proceedings against the

Opponent. Therefore one does not know from

26-10-2001 till the filing of the present

application, why no effective and proper steps

were taken by him after his termination.

20. Further, he admits that he is not aware if his

proceedings filed before the Labour

Commissioner have been completed or not,

which fact is also very difficult to believe as it

cannot be accepted that a person whose

proceedings are pending before a concerned

authority relating to his job is not within his

knowledge and as such this goes to show that

the Applicant does not wish to disclose the true

facts before this Court and moreover, in his

application he has clearly mentioned that the

ALC and the Conciliation Officer took up his

matter on 22-07-2019 and it is still pending in

conciliation and according to him as the

Conciliation Officer would take more time to

make his report to the Appropriate Government

which would cause prejudice to him and as lot

of time went after his termination, he has

approached this Tribunal with the present

application, only shows that the Applicant

himself has not complied with nor waited for

the correct procedure and approached this

Tribunal and that too by suppressing the

material facts in his cross-examination.

21. He even further admits in cross that he is not

aware if his proceedings filed before the Labour

Commissioner have been completed. He has

admitted about the refusal of his prayers in the

reference IT/38/2002 filed by the Marmagoa

Waterfront Workers’ Union along with him

against the said Company. Further, though he

admits that he had personally filed his

Affidavit-in-Evidence in the said reference but

he does not remember if he had deposed in the

said reference No. IT/38/02 which also goes to

show that he wants to suppress the relevant

facts to this Tribunal and above all he has

admitted further “I am not having any

Appointment Letter issued by any Company

including Party II” therefore, this goes to show

that he himself is not in possession of any

documents relating to his appointment and

appears to have filed the present application

in air with no support of any cogent

documents.

22. Further, he changes his version and states in

cross that he had deposed in reference No. IT/

/38/02 that Shri Anil V. Salgaonkar is a Director

of the said Company and he also further

deposed that he was last working with this

Company on their Transhipper Vessel “M. V.

Sunrise”. The testimony of the Applicant is

inconsistent and shaky in nature because

when it was asked to him in cross that he had

stated that lastly he worked for the said

Company/Vishal Gomantak and that he stated

that lastly for the Opponent and which of his

statement was correct to which he replied that

both his statements are correct. This answer

given by the Applicant cannot be accepted by

any stretch of imagination as no worker can

work at the same time on two different fields.

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SERIES II No. 45

3RD FEBRUARY, 2022

That according to him Shri Anil Salgaonkar was

the owner of the transhipping vessel M. V.

Sunrise and he has not produced any Salary

Slips issued by the Opponent as according to

him no Salary Slips were issued to him at any

time. Therefore, the entire case put forth by

the Applicant is without the support of any

documents.

23. Further, he has admitted in cross that he did

not challenge Exh.13 which is a letter dated

27-10-2001 which was issued to him by the

Opponent terminating his services with

immediate effect on the grounds of loss of

confidence. He even admits further by stating

that though he was not given any advance

notice nor he was paid any compensation, still

he did not challenge the same before any

authority. There is no justification nor any

explanation to this statement of the Applicant.

He does not remember in which year he had

joined the said Union i.e. Marmagoa Waterfront

Workers’ Union nor he remembers the year in

which he approached the said Union to take

up his matter. Further, in his cross-examination

the Applicant stated that his proceedings

before the Labour Commissioner are not

completed and it is only delayed and his

inquiry before the Labour Commissioner is still

pending. Further, when it was asked to him for

what purpose he filed the present application,

he stated that he filed this case alleging that

the case before the Labour Commissioner is

still pending and to avoid the further delay, he

filed the present case. He admitted that he is

aware of the Rules before approaching this

Tribunal and the Inquiry before the Labour

Commissioner has to be completed and in this

case he has admitted that the said inquiry

before the Labour Commissioner is not yet

completed and further he admitted that he did

not file any letter or reference before the ALC

for conclusion of the inquiry within 14 days.

He has admitted his entire deposition in

reference No. IT/38/2002 which was marked at

Exh. 21-D Colly (produced in cross). Hence, all

this goes to show that the Applicant has

approached this Court without following the

due procedure of law as his inquiry before the

Labour Commissioner is not completed and

merely because an Award was passed in IT/

/38/2002 by my Learned Predecessor on

30-11-2018 rejecting the claim of the Applicant,

he has approached this Tribunal directly

without the support of any documents and that

too when his proceedings are pending before

the Labour Commissioner on the same issue

and on the same cause of action, the Party I has

not exausted the an the employee of the

Opponent as according to the Opponent the

Gosalia Shipping Pvt. Ltd. has been struck off

from the Registrar of Companies and this

Company is dissolved by the Registrar of

Companies on 24-05-2019 which fact is not

denied by the Applicant. The findings of my

Learned predecessor in reference No. IT/38/

/2002 is binding on the Parties as on today.

Hence, in view of the above reasons, issue No.1

is answered in the negative.

Issue No. 2

18. It is the objection raised by the Opponent that

the present application is bad in law, not

maintainable and it is barred by law of

limitation as the same has been filed after a

long delay i.e. after a lapse of 17 years. To this,

it is seen that there is no dispute that the

services of Party I were terminated vide letter

dated 27-10-2001/Exh.13 which date is within

the knowledge of the Applicant. The Party I

has also stated that the said Company

terminated it employees w.e.f. 17-01-2002 and

18-01-2002. The inquiry proceedings of the

Applicant are still pending before the Labour

Commissioner and the Award passed in

reference No. IT/38/2002 by my Learned

predecessor is dated 30-11-2018 which is in

force as on today. The present application is

filed on 09-10-2019 after a long delay of more

than 15 years from the date of his termination

and there is no dispute to that but Learned

Advocate, Shri P. J. Kamat for the Applicant

has placed reliance on the following

authorities:

1. Prabhakar v/s Joint Director, Sericulture

Department and another (2015 (147) FLR 341)

(Supreme Court) wherein the Hon’ble Apex

Court has held that the law of limitation does

not apply to industrial disputes and to the

proceedings under the Industrial Disputes Act

as under the Industrial Disputes Act no period

of limitation is prescribed. This is settled

position of law as decided by the Hon’ble Apex

Court in series of Judgements. Hence, in view

of the above authority, it cannot be held that

the present application is barred by law of

limitation and accordingly issue No. 2 is

answered in the negative.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

1245

19.

The Applicant in this case has failed to prove his case and as such he is not entitled for any reliefs as

prayed and accordingly, I pass the following Order:

Order

The application u/s 2-A (2) of the I. D. Act, 1947 filed by the Applicant stands dismissed.

Sd/-

(BELA N. NAIK ),

Presiding Officer, Industrial

Tribunal and Labour Court.

Dated: 12-01-2022.

Place: Panaji, Goa.

———uuu———

Department of Personnel

__

Order

No. 7/24/2019-PER/176

Read: 1. O. M. No. 18/16/2021-EO(MM-I) dated 06-01-2022.

2. Letter No. 14046/17/2016.UTS-I dated 12-01-2022.

The Governor of Goa is pleased to relieve Shri Sanjay Kumar, IAS (AGMUT:2008) Secretary (Revenue)

from the State Administration with effect from 24-01-2022 (a.n.) to join the new posting as Deputy Secretary

in the Department of Investment & Public Asset Management, Delhi under the Central Staffing Scheme.

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

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

Porvorim, 24th January, 2022.

_______

Order

No. 6/11/2019-PER/214

Read: 1. Order No. 6/11/2019-PER/3385 dated 30-12-2021.

Approval of the Government is accorded to draw the salary of below mentioned officers promoted to

Senior Scale of Goa Civil Service vide order read in the preamble, from the date of their joining/acceptance

of the order of promotion in relaxation to F.R. 17 (1):

Sr.

Name of the officer

Salary to be drawn

No.

against the post of

1

2

3

1. Smt. Maya Pednekar

Additional Director of Vigilance – I.

2. Dr. Geeta Suresh Nagvenkar

Commissioner of Departmental Inquiries.

3. Shri Clen Madeira

Leave & Training Reserve.

4. Shri Rohit Ashok Kadam

Joint Secretary/Additional Secretary to Government.

5. Smt. Neha Amey Naik Panvelkar

Leave & Training Reserve.

6. Shri Kapil Chandrakant Phadte

Director of Science & Technology.

7. Shri Kedar Ashok Naik

Joint Secretary/Additional Secretary to Government.

8. Shri Prasad Gurudas Volvoikar

Leave & Training Reserve, South Goa.

9. Shri Deepesh Narayan Priolkar

Joint Secretary/Additional Secretary to Government.

10.

Shri Ajay Ramchandra Gaude

Joint Secretary/Additional Secretary to Government.

11.

Smt. Sangeeta S. Naik

Leave & Training Reserve.

1246

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

1

2

3

12.

Shri Pundalik V. Khorjuekar

Additional Collector-III, South Goa.

13.

Shri Sudin A. Natu

Leave & Training Reserve.

14.

Shri Vishant S. Naik Gaunekar

Joint Secretary to Chief Minister.

15.

Shri Shashank V. Thakur

Leave & Training Reserve.

16.

Shri Tushar Halarnkar

Director (Admn.), Department of Higher Education.

17.

Shri Manuel P. Barreto

Leave & Training Reserve, South Goa.

18.

Shri Shripad Arlekar

Leave & Training Reserve.

19.

Shri Chandresh C. Kunkalkar

Leave & Training Reserve.

20.

Shri Vishal C. Kundaikar

Leave & Training Reserve.

The officer at Sr. No. 14 shall not be entitled for deputation allowance.

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

Meghana Shetgaonkar, Joint Secretary (Personnel).

Porvorim, 28th January, 2021.

_______

Order

No. 6/11/2019-PER/262

Read:

Order No. 6/11/2019-PER/214 dated 28-01-2021.

The date of issue of order read at preamble shall be read as “28-01-2022” instead of 28-01-2021”.

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

Meghana Shetgaonkar, Joint Secretary (Personnel).

Porvorim, 2nd February, 2022.

Order

No. 7/3/2019-PER/229

Read: 1. Order No. 14020/07/2021-UTS-I dated

07-01-2022.

2. Notification No. 7/3/2019-PER/2871 dated

15-11-2021.

In pursuance of order read in the preamble, the

Governor of Goa is pleased to appoint Shri Puneet

Kumar Goel, IAS (AGMUT:1991), as Chief Secretary,

Goa, w.e.f. 01-02-2022.

Shri Puneet Kumar Goel, IAS, shall hold the charge

of the following departments:-

Sr. No

Name & Designation

Department

1.

Shri Puneet Kumar Goel,

1. Vigilance/Chief

IAS (1991)

Vigilance Officer.

Chief Secretary

2. Home.

3. Personnel.

4. Finance.

5. Forest.

6. Planning &

Statistics.

7. Town & Country

Planning.

1

2

3

8. ARD.

9. PWD.

10. Civil Aviation.

11. Mines and

Geology.

By order and in the name of the Governor

of Goa.

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

Porvorim, 31st January, 2022.

_______

Order

No. 6/11/2020-PER/241

Ref:1) Order No. 6/11/2010-PER(part)/2209A dated

03-09-2021.

2) Order No. 6/11/2010-PER(part)/3382 dated

30-12-2021.

Sanction of the Government is hereby conveyed

for appointment of Shri Brijesh Manerkar, Secretary,

Goa State Election Commission, as Nodal Officer for

Complaint Monitoring and C-Vigil in connection

________

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

1247

with General Elections to Goa State Legislative Assembly, 2022.

Shri Manerkar shall stand relieved with immediate effect to join on full time basis, in the office of Chief

Electoral Officer.

Shri Mahadev Araundekar, Secretary, Goa State Information Commission shall hold the charge of the

post of Secretary, Goa State Election Commission in addition to his own duties during the election process

till Shri Manerkar resumes the duty.

Shri Brijesh Manerkar shall continue to draw the salary from the post held by him prior to his appointment

as Nodal Officer.

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

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

Porvorim, 1st February, 2022.

———uuu———

Department of Public Health

__

Order

No. 38-36-2021-I-PHD/2470-A

Government is pleased to constitute a Jan Arogya Samiti Committee at AB-HWC for the RMD Usgao

under Primary Health Centre, Dharbandora comprising of following:-

1. Sarpanch of the Gram Panchayat

—

Chairperson.

2. Health Officer/Medical Officer I/C

—

Member Secretary.

3. Medical Officer/Ayush MO of PHC/CHC

—

Member.

4. Senior Staff Nurse/LHV/ANM of PHC/Pharmacist

—

Member.

5. Chairperson of Janpad Panchayat’s Health

—

Member.

Sub-Committee/Panchayat Secretary

6. CDPO-Women & Child Department

—

Member.

7. Principal Chief Engineer, Public Works Department

—

Member.

(Including Electrical and Mechanical)

8. Principal/Headmaster of the Sarvodaya High School, Usgao

—

Member.

9. Santosh Gad

—

Member.

10. Achyut Usgaonkar

—

Member.

Terms of reference of the said Committee shall be as under:-

u

Meetings: The JAS will meet at least once every month on a fixed day. The member will organize

the meeting, and will communicate the day, date of the meeting, with the list of agenda items to

all members, at least seven days in advance. The essential quorum for the meeting will be 50% of

the members of the Committee.

u

Minutes of every meeting of JAS, with a written account of activities undertaken and expenditures

made in previous month, would be documented. All details of the discussion shall be duly recorded

along with signature of all participating members and communicated to all the members.

u

The Committee shall maintain the register of record of proceedings of the JAS Committee meetings

and Financial Account Register.

u

Roles and responsibilities of JAS Committee will be to enable quality service delivery at AB-HWC,

to facilitate Health Promotion efforts, to catalyze Grievance Redressal and to facilitate community

feedback of services.

u

United Funds: Under Ayushman Bharat, an annual untied funds is provided @ Rs. 50,000 for SHC

level AB-HWCs and Rs. 1,75,000 for PHC level AB-HWCs. Consider and approve financial proposals

for united funds. The annual audit of the untied fund of the AB-HWC will have to be undertaken,

according to the guidelines issued by the State Government.

1248

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 45

3RD FEBRUARY, 2022

u

JAB Committee shall review income & expenditure statements, consider the Annual budget and

the annual action plan of the committee modification as the Committee may think fit.

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

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 12th November, 2021.

______

Corrigendum

No. 38-36-2021-I-PHD/184

Read: Order No. 38/36/2021-I/PHD/2476 dated 12-11-2021.

In the 2nd line of 1st para of the Government Order read at preamble, the words appearing as “Varca

Orlim” shall be corrected to read as “Velim”.

Rest of the content remains unchanged.

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

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 31st January, 2022.

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