Panaji, 29th September, 2022 (Asvina 7, 1944)
SERIES II No. 26
PUBLISHED BY AUTHORITY
RNI No. GOAENG/2002/6410
Reg. No. RNP/GOA/32/2021-2023
GOVERNMENT OF GOA
Department of Education, Art and Culture
Directorate of Education
–––
Order
No. 1(22)-2-2021/SE/802
On the recommendation of the Goa Public
Service Commission as conveyed vide their letter
No. COM/I/5/15(1)2021/89 dated 13-05-2022,
Government is pleased to appoint Dr. Uday Chepo
Gaunker to the post of “Deputy Director of
Education”, Group ‘A’ Gazetted on temporary basis
under the Directorate of Education in Level-12 of
Pay Matrix as per VIIth Pay Commission [+04 (four)
non compounded increment on initial pay]
corresponding to PB-3 Rs. 15,600-39,100/- +Grade
Pay Rs. 7,600/- (Part B) under VIth Pay Commission
scale [+04 (four) non compounded increment on
initial pay] and other allowances as admissible
under the rules from time to time on the same
terms of appointment as stated in his offer of
appointment issued vide Memorandum dated
15-07-2022.
The above appointment to the post of Deputy
Director of Education shall be with effect from the
date he reports for duty in the office where he is
posted.
He shall be on probation for a period of two
years from the date of his appointment.
On his above appointment, he is posted as
Deputy Director of Education, South Education
Zone, Margao, Goa.
Note:- There is one Extraordinary issue to the Official
Gazette, Series II No. 25 dated 22-09-2022 namely,
Extraordinary dated 22-09-2022 from pages 2213
to 2218 regarding Orders, Notifications and
Corrigendum from Goa State Election
Commission.
He has been declared medically fit for the above
appointment by the competent medical authority
and nothing adverse is reported against him after
verification of character and antecedents by the
competent authority.
This issues with the approval of Government vide
U.O. No. 3508/F dated 19-09-2022.
By order and in the name of the Governor of
Goa.
Shailesh R. S. Zingde, Director & ex officio Jt.
Secretary (Education).
Porvorim, 22nd September, 2022.
———uuu———
Goa Forest Development Corporation Ltd.
–––
Order
No. I/GFDC/EST/RIA/2022-23/1191
In supersession to this office Order No. I/GFDC/
/EST/RIA/2018-19/385 dated 26-6-2018, Shri Upadesh
D.S. Kossambe, Manager (Finance & Administration)
is hereby designated as Public Information Officer of
Goa Forest Development Corporation Limited in
addition to his own duties without any
remuneration, under Section 5 of the Right to
Information Act, 2005 with the following
responsibilities:-
1) The Public Information Officer shall ensure that
he receive and deal with the applications
received by this office and provide the
requisite information to the applicant or
transfer the application to the concerned
Authorities if not applicable to this Corporation
within the stipulated period of 30 days on the
top priority which can be extended upto 40
days where third party interest is involved.
2) The Public Information Officer is responsible
for the preparation and publication of manuals
and updating the records from time to time.
2219
Suggestions are welcomed on e-mail: [email protected]
2220
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
The undersigned shall be the 1st Appellate
Authority to entertain the appeal preferred by the
applicant within 30 days of the decision of the
Public Information Officer.
Santosh Kumar, Managing Director.
Panaji, 20th September, 2022.
———uuu———
Department of Industries
–––
Order
No. 3/14/2022-IND/222
Government of Goa is pleased to nominate Goa
Industrial Development Corporation (Goa-IDC) as
“Central Nodal Agency”(CNA) for implementation
of ‘Trade Infrastructure for Export Scheme (TIES)’ in
the State of Goa.
By order and in the name of the Governor of
Goa.
Amalia O. F. Pinto, Under Secretary (Industries).
Porvorim, 22nd September, 2022.
———uuu———
Department of Labour
––
Order
No. 28/15/2022-LAB/463
Whereas, the Government of Goa is of the opinion
that an industrial dispute exists between the
management of M/s. New Era Handling Agency,
Contractor of M/s Zuari Agro Chemicals Limited,
Zuarinagar, Sancoale, Goa and it’s workmen
represented by the Goa Trade and Commercial
Workers’ Union, 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 7A of the said
Act.
S C H E D U L E
(1) Whether the action of the management of
M/s. New Era Handling Agency, Contractor of M/s
Zuari Agro Chemicals Limited, Zuarinagar, Sancoale,
Goa in refusing to concede the following charter of
demands raised by the Goa Trade and Commercial
Workers’ Union vide letter dated 1-10-2020 and letter
dated 09-05-2022, is legal and justified?
CHARTER OF DEMANDS
SALALRIES, ALLOWANCES & SERVICE
CONDITIONS
1. PAY-SCALES:
(i) Workmen demand that the following pay scale
ought to be made applicable to the workmen with
effect from 01-04-2019.
Grade
Designation
Pay Scale
I
Attendant
4375-175-5250-210-
-6300-252-7560-305-
-9085-363-10900-
-435-13075-525-
-15700.
(ii) The Annual Increment will be paid in the month
of April, every year. Employees reaching the ceiling
of the scale in the respective grades/pay scales will
be paid the increment last drawn by them in the
applicable scale pay.
2. FLAT RISE:
(a) Effective from 01-04-2019 every worker will be
paid a flat increase @ Rs. 3000/- per month in
the basic salary. This amount of flat rise of
Rs. 3000/- per month should be added to the
basic salary of each of the employee on the pay
rolls of the establishment as on 31-03-2019 and
fitted at in the respective pay-scale applicable
to each employee.
(b) Fitment:
The quantum arrived in 2 (a) should be fitted in
the appropriate revised salary scale. The
residual amount if any, due to this fitment will
be considered as Personal Pay.
(c) The Personal Pay shall be considered as basic
salary for calculating all the benefits and
allowances calculated on the basic salary like
House Rent Allowance, Overtime, Bonus,
Provident Fund, ESI, Gratuity, etc.
3. SENIORITY INCREMENTS:
Effective from 01-04-2019 each of the employees
after fitment in 2 (b) shall be eligible to the following
increments on the basis of their seniority in service.
(a) Those workers with 5 years of service shall
be paid one extra increment in the
respective pay-scale;
(b) Those workers with 10 years of service shall
be paid two extra increments in the
respective pay-scale;
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2221
(c) Those workers with 15 years of service shall be
paid three extra increments in the respective
pay-scale;
(d) Those workers with 20 years of service shall be
paid four extra increments in the respective
pay-scale;
(e) Those workers with 25 years of service shall be
paid five extra increments in the respective pay-
-scale;
(f) Those workers with 26 years of service and
above shall be paid six extra increments;
(g) Those workers with 30 years of service and
above shall be paid seven extra increments.
4. FIXED DEARNESS ALLOWANCE (FDA):
Effective from 01-04-2019 each worker should be
paid and additional Rs. 1500/- per month in the Fixed
Dearness Allowance (FDA).
5. VARIABLE DEARNESS ALLOWANCE (VDA):
Effective from 01-04-2019 Variable Dearness
Allowance (VDA) will be paid to each employee at
the rate of Rs. 3/50 per point increase or decrease
over 6034 points of All India Consumable Price Index
(AAICPI) (1960=100). All other conditions of
payments of VDA shall remain the same.
6. HOUSE RENT ALLOWANCE (HRA):
Effective from 01-4-2019 House Rent Allowance
(HRA) will be paid @ 35% of the Basic Salary, Personal
Pay, Service Pay, Fixed Dearness Allowance and
Variable Dearness Allowance instead of 28%
currently paid to the employees. Those employees
residing in company quarters shall be paid a House
Maintenance Allowance @ 15% of the gross salary
every month.
7. TRANSPORT ALLOWANCE:
Effective from 01-04-2019 the Transport
Allowance shall be revised from Rs. 30/- to Rs. 50/- for
each full regular shift worked. This allowance will
also be paid for additional shifts worked on Overtime
and Holidays.
8. LEAVE TRAVEL ASSISTANCE (LTA):
Effective from 01-04-2019 each workman shall be
paid Leave Travel Assistance (LTA) @ Rs. 15,000/-
per year instead of Rs. 7,400/- per annum.
9. THRIFT FUND:
Effective from 01-04-2019 the employer’s
contribution to Thrift Fund will be revised from
Rs. 200/- to Rs. 500/- per month. The workman will
contribute Rs. 500/- per month. The union and the
management shall after due study, adopt a saving-
-cum-Insurance scheme for the purpose of investing
this amount and for better accruals to the workers.
10. WASHING ALLOWANCE:
Effective from 01-04-2019 the Washing Allowance
will be revised to Rs. 400/- per month.
11. SHIFT ALLOWANCE:
Effective from 01-04-2019 the workman working
on shifts will be paid Shift Allowance at the following
rates.
1st Shift
06.00 hours to 14.00 hours
Rs. 15/- per
full shift.
2nd Shift 14.00 hours to 22.00 hours
Rs. 20/- per
full shift.
3rd Shift 22.00 hours to 06.00 hours
Rs. 30/- per
full shift.
12. CHILDERNS’ EDUCATION ALLOWANCE:
Effective from 01-04-2019 every worker will be paid
Children’s Education Allowance of Rs. 400/- per
month.
13. MEDICAL REIMBURSEMENT:
(a) Effective from 01-04-2019 the Medical
Reimbursement will be revised from Rs. 7,400/-
to Rs. 15,000/- per annum for those workmen
who were not covered under ESI and were
receiving medical reimbursement.
(b) Those workmen who have come out of ESI
in view of the present settlement shall be
entitled for reimbursement of Medical Bills,
Prescription fees, etc., on actual basis as above
from 01-04-2019.
(c) Sick Leave:
Those workers who meet with accident while
on duty shall be eligible to “Special Paid Leave”
until recovery/recuperation.
14. EFFICIENCY PAYMENT SCHEME:
(a) That the present day/existing Efficiency
Payment Scheme (EPS) incentive scheme ought
to be revised upwards by 60% with effect from
01-04-2019. A number of issues connected with
mode of computation of EPS and other formulae
used to determine incentive payable to workers
needs to be discussed.
(b) Efficiency incentive ought to be paid an
overtime (O.T.) on holiday’s and weekly-off days
with effect from 01-04-2019.
15. FACTORY ALLOWANCE:
That with effect from 01-04-2019 each worker shall
be paid a Factory Allowance at rate of 5% of the Basic
Salary.
16. GRATUITY:
We demand that with effect from 01-04-2019 each
worker shall be entitled to the payment of Gratuity
2222
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
upon Superannuation/Termination/Resignation on
the following basis:
(a) A minimum gratuity on the gross salary at the
rate of 30-days wages per completed years of
service; and
(b) Those workmen who succumb to injuries or die
“while on duty” within the precincts of the
company/factory OR “in the course of
employment” shall be paid gratuity at the rate
of 40 days wages for every completed year of
service.
17. FESTIVAL ADVANCE:
That each worker shall be entitled to a Festival
Advance of Rs. 5,000/- per year on five (5) mutually
agreed festivals. The advance paid should be
deducted in 5 (five) equal monthly installments.
18. LOAN FACILITY:
That the following loans be sanctioned to each
worker during the period of operation of the
settlement:
(a) Housing Loan:
Rs. 1,50,000/- at an interest rate of 4% to be
deducted in 100 equal installments; and
(b) Vehicle Loan:
Rs. 50,000/- at an interest rate of 4% to be
deducted in 50 equal installments.
19. QUARTERS TO ALL THE WORKMEN:
That the all workmen be provided with Housing
Facilities at Zuarinagar; within the Zuari Agro
Chemical Limited (ZACL) complex.
20. FOURTY (40 – HOURS WEEK):
That all the workmen ought to be entitled to the
facility of 40 hours’ week work with effect from
01-04-2019.
21. BONUS-CUM-EX-GRATIA:
That with effect from 01-04-2019 the workers
should be paid Bonus-cum-Ex-gratia @ 20% on the
Basic Personal Pay, Fixed Dearness Allowance,
Special Pay and Variable Dearness Allowance
without any ceiling. Bonus should be paid every year
15 days before the festival of Ganesh Chaturthi.
22. SAFETY – INCENTIVE:
That each worker shall be entitled to the Safety
Allowance/Incentive each month on the same basis
as is disbursed to the Zuari Agro Chemical Limited
(ZACL) employees.
23. INSURANCE SCHEME:
That each worker ought to be insured to an extent
of five lakhs of rupees.
24. ANNUAL PICNIC:
That the workers and staff should be sent out on
a Picnic once a year with fully paid Transport
Facilities with two days paid leave and an additional
sum of Rs. 300/- per day, per person.
25. TRANSPORT TO BE PROVIDED TO
WORKMEN AFTER 20.00 HOURS:
That the workmen who are required to report-off
for duty at 20.00 hours should be provided with
transport facilities to reach their homes.
26. LEAVE FACILITIES:
(a) Privilege Leave:
The existing practice 35 days Privilege Leave
(PL) per year to be credited on 1st April of the
following year in which it is earned and the
workers be allowed to accumulate the Privilege
Leave from existing 90 days to 100 days.
(b)Casual leave:
The existing 10 days of Casual Leave (CL) per
year be given to each worker to be credited to
the account of the individual workman on 1st
April, every year. If any Casual Leave as on 31st
March of every year if remained unutilized, the
same be encashed and paid along with the
wages for the following month of April.
(c) Sick leave:
The existing 10 days of Sick Leave (SL) per year
to be credited at the beginning of April, every
year with accumulation of upto 60 days .
(d) Paid Holidays:
Besides the existing 12 days of paid holidays,
(National and Festival), 3 days Restricted
Holidays be given every year.
27. PAID COMPENSATORY-OFF:
Paid Compensatory-off should be given to the
worker should a worker work beyond 16 hours.
(a) Man-Power in maintenance and production
section:
The man-power ought to be increased.
(b) Full Incentives should be paid to the Committee
Members when they attend meetings with the
Management/Union.
28. INTERIM RELIEF:
That pending discussions and settlement of this
Charter of Demands, each worker be paid a sum of
Rs. 6000/- per month effective from 01-04-2019 which
could be set off/adjusted against the final agreement
reached between the parties on this Charter of
Demands.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2223
(2) If answer to issue No. (1) above is in negative
then, what relief the workmen are entitled to?.
By order and in the name of the Governor
of Goa.
Amalia O. F. Pinto, Under Secretary (Labour).
Porvorim, 29th August, 2022.
————
Order
No. 28/14/2022-LAB/466
Whereas, the Government of Goa is of the opinion
that an industrial dispute exists between the
management of M/s. Shri Krupa Services Private
Limited (Fabrication and Conveyor Belt Section)
Contractor of M/s. Zuari Agro Chemicals Limited,
Zuarinagar, Sancoale, Goa and it’s workmen
represented by the Goa Trade and Commercial
Workers’ Union, 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 7A of the said
Act.
S C H E D U L E
(1) Whether the action of the management of
M/s. Shri Krupa Services Private Limited (Fabrication
and Conveyor Belt Section) contractor of M/s. Zuari
Agro Chemicals Limited, Zuarinagar, Sancoale, Goa
in refusing to concede the following charter of
demands raised by the Goa Trade and Commercial
Workers’ Union vide letter dated 30-11-2020 and
letter dated 09-05-2022, is legal and justified?
CHARTER OF DEMANDS
SALALRIES, ALLOWANCES & SERVICE
CONDITIONS
1. PAY-SCALES:
(i) That the following pay-scales ought to be made
applicable to the workmen with effect from
01-07-2019.
Grade
Designation
Pay-Scales
I
Helpers
4375-175-5250-210-
-6300-252-7560-305-
-9085-363-10900-
-435-13075-525-
-15700.
1
2
3
II
Welders, Fitters,
5000-200-6000-240-
Fabricators/Booking
-7200-288-8640-345-
Clerks-cum-Supervisors/
-10365-415-12440-
/Mechanical Attendants/
-500-14940-600-
/Beltman/Conveyor Belt/ -17940.
Vulcaniser
(ii) The Annual Increment will be paid in the month
of April, every year. Employees reaching the ceiling
of the scale in the respective grades/pay scales will
be paid the increment last drawn by them in the
applicable scale pay.
2. FLAT-RISE:
(a) Effective from 01-07-2019 every worker will be
paid a flat increase @ Rs. 3000/- per month in
the basic salary. This amount of flat rise of
Rs. 3000/- per month should be added to the
basic salary of each of the employee on the pay-
- rolls of the establishment as on 30-06-2019 and
fitted at in the respective pay-scale applicable
to each employee.
(b) Fitment:
The quantum arrived in 2 (a) should be fitted in
the appropriate revised salary scale. The
residual amount if any, due to this fitment will
be considered as Personal Pay.
(c) The Personal Pay shall be considered as basic
salary for calculating all the benefits and
allowances calculated on the basic salary like
House Rent Allowance, Overtime, Bonus,
Provident Fund, ESI, Gratuity, etc.
3. SENIORITY INCREMENTS:
Effective from 01-07-2019 each of the employees
after fitment in 2 (b) shall be eligible to the following
increments on the basis of their seniority in service.
(a) Those workers with 5 years of service shall
be paid one extra increment in the
respective pay-scale;
(b) Those workers with 10 years of service shall
be paid two extra increments in the
respective pay-scale;
(c) Those workers with 15 years of service shall be
paid three extra increments in the respective
pay-scale;
(d) Those workers with 20 years of service shall be
paid four extra increments in the respective
pay-scale;
(e) Those workers with 25 years of service shall be
paid five extra increments in the respective pay-
-scale;
(f) Those workers with 26 years of service and
above shall be paid six extra increments;
2224
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
(g) Those workers with 30 years of service and
above shall be paid seven extra increments.
4. FIXED DEARNESS ALLOWANCE (FDA):
Effective from 01-07-2019 each worker should be
paid and additional Rs. 1500/- per month in the Fixed
Dearness Allowance (FDA).
5. VARIABLE DEARNESS ALLOWANCE (VDA):
Effective from 01-07-2019 Variable Dearness
Allowance (VDA) will be paid to each employee at
the rate of Rs. 3/50 per point increase or decrease
over 6034 points of All India Consumable Price Index
(AAICPI) (1960=100). All other conditions of
payments of VDA shall remain the same.
6. HOUSE RENT ALLOWANCE (HRA):
Effective from 01-7-2019 House Rent Allowance
(HRA) will be paid @ 35% of the Basic Salary, Personal
Pay, Service Pay, Fixed Dearness Allowance and
Variable Dearness Allowance instead of 28%
currently paid to the employees. Those employees
residing in company quarters shall be paid a House
Maintenance Allowance @ 15% of the gross salary
every month.
7. TRANSPORT ALLOWANCE:
Effective from 01-07-2019 the Transport
Allowance shall be revised from Rs. 30/- to Rs. 50/- for
each full regular shift worked. This allowance will
also be paid for additional shifts worked on Overtime
and Holidays.
8. LEAVE TRAVEL ASSISTANCE (LTA):
Effective from 01-07-2019 each workman shall be
paid Leave Travel Assistance (LTA) @ Rs. 15,000/-
per year instead of Rs. 7,400/- per annum.
9. THRIFT FUND:
Effective from 01-07-2019 the employer’s
contribution to Thrift Fund will be revised from Rs.
200/- to Rs. 500/- per month. The workman will
contribute Rs. 500/- per month. The union and the
management shall after due study, adopt a saving-
-cum-Insurance scheme for the purpose of investing
this amount and for better accruals to the workers.
10. WASHING ALLOWANCE:
Effective from 01-07-2019 the Washing Allowance
will be revised to Rs. 400/- per month.
11. SHIFT ALLOWANCE:
Effective from 01-07-2019 the workman working
on shifts will be paid Shift Allowance at the following
rates.
1st Shift
06.00 hours to 14.00 hours
Rs. 15/- per
full shift.
2nd Shift 14.00 hours to 22.00 hours
Rs. 20/- per
full shift.
3rd Shift 22.00 hours to 06.00 hours
Rs. 30/- per
full shift.
12. CHILDERNS’ EDUCATION ALLOWANCE:
Effective from 01-07-2019 every worker will be paid
Children’s Education Allowance of Rs. 400/- per
month.
13. MEDICAL REIMBURSEMENT:
(a) Effective from 01-07-2019 the Medical
Reimbursement will be revised from Rs. 7,400/-
to Rs. 15,000/- per annum for those workmen
who were not covered under ESI and were
receiving medical reimbursement.
(b) Those workmen who have come out of ESI
in view of the present settlement shall be
entitled for reimbursement of Medical Bills,
Prescription fees, etc., on actual basis as above
from 01-07-2019.
(c) SICK LEAVE:
Those workers who meet with accident while
on duty shall be eligible to “Special Paid Leave”
until recovery/recuperation.
14. EFFICIENCY PAYMENT SCHEME:
(a) That the present-day/existing Efficiency
Payment Scheme (EPS) incentive scheme ought
to be revised upwards by 60% with effect from
01-07-2019. A number of issues connected with
mode of computation of EPS and other formulae
used to determine incentive payable to workers
needs to be discussed.
(b) Efficiency incentive ought to be paid an
overtime (O.T.) on holiday’s and weekly-off days
with effect from 01-07-2019.
15. FACTORY ALLOWANCE:
That with effect from 01-07-2019 each worker shall
be paid a Factory Allowance at rate of 5% of the Basic
Salary.
16. GRATUITY:
That with effect from 01-07-2019 each worker shall
be entitled to the payment of Gratuity upon
Superannuation/Termination/Resignation on the
following basis:
(a) A minimum gratuity on the gross salary at the
rate of 30-days wages per completed years of
service; and
(b) Those workmen who succumb to injuries or die
“while on duty” within the precincts of the
company/factory OR “in the course of
employment” shall be paid gratuity at the rate
of 40 days wages for every completed year of
service.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2225
17. FESTIVAL ADVANCE:
That each worker shall be entitled to a Festival
Advance of Rs. 5,000/- per year on five (5) mutually
agreed festivals. The advance paid should be
deducted in 5 (five) equal monthly installments.
18. LOAN FACILITY:
That the following loans be sanctioned to each
worker during the period of operation of the
settlement:
(a) Housing Loan:
Rs. 1,50,000/- at an interest rate of 4% to be
deducted in 100 equal installments; and
(b) Vehicle Loan:
Rs. 50,000/- at an interest rate of 4% to be
deducted in 50 equal installments.
19. QUARTERS TO ALL THE WORKMEN:
That the all workmen be provided with Housing
Facilities at Zuarinagar; within the Zuari Agro
Chemical Limited (ZACL) complex.
20. FOURTY (40-HOURS WEEK):
That all the workmen ought to be entitled to the
facility of 40 hours’ week work with effect from
01-07-2019.
21. BONUS-CUM-EX-GRATIA:
That with effect from 01-07-2019 the workers
should be paid Bonus-cum-Ex-gratia @ 20% on the
Basic Personal Pay, Fixed Dearness Allowance,
Special Pay and Variable Dearness Allowance
without any ceiling. Bonus should be paid every year
15 days before the festival of Ganesh Chaturthi.
22. SAFETY- INCENTIVE:
That each worker shall be entitled to the Safety
Allowance/Incentive each month on the same basis
as is disbursed to the Zuari Agro Chemical Limited
(ZACL) employees.
23. INSURANCE SCHEME:
That each worker ought to be insured to an extent
of five lakhs of rupees.
24. ANNUAL PICNIC:
That the workers and staff should be sent out on
a Picnic once a year with fully paid Transport
Facilities with two days paid leave and an additional
sum of Rs. 300/- per day, per person.
25. TRANSPORT TO BE PROVIDED TO
WORKMEN AFTER 20.00 HOURS:
That the workmen who are required to report-off
for duty at 20.00 hours should be provided with
transport facilities to reach their homes.
26. LEAVE FACILITIES:
(a) Privilege Leave:
The existing practice 35 days Privilege Leave
(PL) per year to be credited on 1st April of the
following year in which it is earned and the
workers be allowed to accumulate the Privilege
Leave from existing 90 days to 100 days .
(b)Casual leave:
The existing 10 days of Casual Leave (CL) per
year be given to each worker to be credited to
the account of the individual workman on 1st
April, every year.
If any Casual Leave as on
31st March of every year if remained unutilized,
the same be encashed and paid along with the
wages for the following month of April.
(c) Sick leave:
The existing 10 days of Sick Leave (SL) per year
to be credited at the beginning of April, every
year with accumulation of upto 60 days.
(d) Paid Holidays:
Besides the existing 12 days of paid Holidays,
(National and Festival), 3 days Restricted
Holidays be given every year.
27. PAID COMPENSATORY-OFF:
Paid Compensatory-off should be given to the
worker should a worker work beyond 16 hours.
(a) Man-Power to be increased:
The man-power ought to be increased.
(b) Full Incentives should be paid to the Committee
Members when they attend meetings with the
Management/Union.
28. INTERIM RELIEF:
That pending discussions and settlement of this
Charter of Demands, each worker be paid a sum of
Rs. 6000/- per month effective from 01-07-2019 which
could be set off/adjusted against the final agreement
reached between the parties on this Charter of
Demands.
(2) If answer to issue No. (1) above is in negative
then, what relief the workmen are entitled to?.
By order and in the name of the Governor
of Goa.
Amalia O. F. Pinto, Under Secretary (Labour).
Porvorim, 29th August, 2022.
2226
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
Order
No. 28/22/2022-LAB/498
Whereas, the Government of Goa is of the opinion
that an industrial dispute exists between the
management of M/s. Sai Point Cars Private Limited,
H. No. 17, Ward No. 5, Margao-Ponda Highway,
Sonfator, Camurlim, Salcete, Goa and it’s workmen,
represented by the Gomantak Mazdoor Sangh, 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 or 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 7A of the said Act.
SCHEDULE
(1) Whether the action of the management of
M/s. Sai Point Cars Private Limited. H. No. 17,
Ward No. 5, Margao-Ponda Highway, Sonfator,
Carnurlim, Salcete, Goa in not conceding the
following charter of demands raised by the
Gomantak Mazdoo Sangh, is legal and justified?
CHARTER OF DEMANDS
Demand No. 1: Pay scales:
Grades:
Grade I:
5000-150-5750-175-6620-200-7625-
225-8750-250-10000-275-11375-300-
12875.
Grade II:
5500-185-6425-210-7475-235-8650-
260-9950-285-11375-310-12925-335-
-14600.
Grade III:
6000-225-7125-250-8375-275-9750-
300-11250-325-12875-350-14625-375-
-16500.
Grade IV:
6500-275-7875-300-9375-325-11000-
350-12750-375-14625-400-16625-
-425-1875.
Demand No. 2: Flat Rise:
Union demands that all the workmen shall be
given the flat rise of Rs. 5000/- the said amounts
shall be added to the existing basic and thereafter
fitted in the revised pay scale in the higher stage.
Demand No. 3: Seniority Increments:
Union demands that the workmen should be
given seniority increments as mentioned below:
Service up to 3 years
: One Increment.
Service from 3 years
: Two Increments
to 6 years
Service from 6 years
:
Three Increments.
to 9 years
Service above 9 years
:
Four Increments.
Six Increments
Demand No. 4: Variable Dearness Allowance
(VDA):
Union demands that the VDA shall be paid at the
revised rate of Rs. 3/- per point rise above 5500
points (1960=100) the computation of VDA shall be
made quarterly based on Average Consumer Price
Index of Preceding Quarter.
Demand No. 5: Fixed Dearness Allowance (FDA):
Union demands that all the existing FDA shall be
revised by adding Rs. 2500/- to the existing FDA.
Demand No. 6: House Rent Allowance (HRA):
Union demands that HRA should be paid at the
revised rate of 30% of basic, and dearness allowance,
as the cost of accommodation is very high in Goa
due to Tourist State.
Demand No. 7: Children Education Allowance:
The Union demands that the Children Education
Allowance shall be paid at the rate of Rs. 2500/- per
month to meet the heavy cost of education.
Demand No. 8: Conveyance Allowance:
Union demands that the Conveyance Allowance
shall be revised by adding Rs. 1500/- to the existing
Conveyance Allowance.
Demand No. 9: Paid Holidays:
Union demands that all the workmen shall be
granted paid holiday at rate 15 days per year. Union
further demands that the festival holidays that fall
on weekly off day shall be changed to next day or
one day earlier, which shall be finalized in
consultation with the Union.
Demand No. 10: Leave:
Union demands that all the workers should be
given leave on following basis.
(A) Earned Leave (E.L): Union demands that all
the workmen should be given earned leave at the
rate 30 days E.L. per year with accumulation up to
120 days and leave shall be allowed to take 10
times in a year.
(B) Casual Leave: Union demands that all the
workmen should be given casual leave at the rate
15 days per year with encashment facility.
(C) Sick Leave: Union demands that all the
workmen should be given Sick Leave at the rate of
24 days per year with an accumulation of 78 days.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2227
Demand No. 11: Leave Travel Assistance (LTA):
Union demands that LTA should be paid at the
rate of Rs. 6000/- per annum with minimum of four
earned days leave. The amount shall be paid one
week before the commencement of leave.
Demand No. 12: Festival Advance:
Union demands that all the workmen shall be
granted festival advance once in a year at the time
of festival of one month salary each to meet the
additional expenses incurred by him for such festival
and the same shall be recovered in 10 equal
installments.
Demand No. 13: Bonus/Ex-Gratia:
Union demands that all the ‘Workers shall be
paid Bonus/Ex-gratia at the rate of 20% of gross
wages every year, before Ganesh Festival.
Demand No. 14: Accident Leave:
Union demands that whenever workmen met
with an accident while on duty his/her period of
such absence shall be granted special full pay leave.
Demand No. 15: Supply of uniform:
Union demands that all the workmen shall be
provided two sets of stitched uniform every year in
the month of January.
Demand No. 16: Washing Allowance:
Union demands that all the workmen shall be
paid Rs. 500/- per month towards washing allowance
to wash the uniform.
(2) If answer to issue No. (1) above is in negative
then to what relief the workmen are entitled to?”.
By order and in the name of the Governor of
Goa.
Amalia O. F. Pinto, Under Secretary (Labour).
Porvorim, 20th September, 2022.
————
Order
No. 28/20/2022-Lab/501
Whereas, the Government of Goa is of the opinion
that an industrial dispute exists between the
management of M/s. Raju Electricals (Electrical
Works and Maintenance), Contractor of M/s. Zuari
Agro Chemicals Limited, Zuarinagar, Sancoale, Goa
and it’s workmen, represented by the Goa Trade
and Commercial Workers’ Union, 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 7A of the said Act.
SCHEDULE
(1) Whether the action of the management of
M/s. Raju Electricals (Electrical works and
maintenance), Contractor of M/s. Zuari Agro
Chemicals Limited, Zuarinagar, Sancoale, Goa in
refusing to concede the following charter of
demands raised by the Goa Trade and Commercial
Workers’ Union, is legal and justified?
CHARTER OF DEMANDS
Salaries, Allowances and Service Conditions
1. PAY-SCALES:
(i) That the following payscale ought to be made
applicable to the workmen with effect from
01-07-2019.
Grade
Designation
Pay-Scale
I.
Asst. Electrician
4375-175-5250-210-
-6300-252-7560-305-
-9085-363-10900-
-435-13075-525-
-15700.
II.
Electrician
5000-200-6000-240-
-7200-288-8640-345-
-10365-415-12440-
-500-14940-600-
-17940.
(ii) The Annual Increment will be paid in the month
of April, every year. Employees reaching the ceiling
of the scale in the respective grades/pay scales will
be paid the increment last drawn by them in the
applicable scale pay.
2. FLAT-RISE:
(a) Effective from 01-07-2019 every worker will be
paid a flat increase @ Rs. 3000/- per month in
the basic salary. This amount of flat rise of
Rs. 3000/- per month should be added to the
basic salary of each of the employee on the pay-
-rolls of the establishment as on 30-06-2019 and
fitted at in the respective pay–scale applicable
to each employee.
(b) Fitment:
The quantum arrived in 2 (a) should be fitted in
the appropriate revised salary scale. The
residual amount if any, due to this fitment will
be considered as Personal Pay.
2228
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
(c) The Personal Pay shall be considered as basic
salary for calculating all the benefits and
allowances calculated on the basic salary like
House Rent Allowance, Overtime, Bonus,
Provident Fund, ESI, Gratuity, etc.
3. SENIORITY INCREMENTS:
Effective from 01-07-2019 each of the employees
after fitment in 2 (b) shall be eligible to the following
increments on the basis of their seniority in service.
(a) Those workers with 5 years of service shall
be paid one extra increment in the
respective pay-scale;
(b) Those workers with 10 years of service shall
be paid two extra increments in the
respective pay-scale;
(c) Those workers with 15 years of service shall be
paid three extra increments in the respective
pay-scale;
(d) Those workers with 20 years of service shall be
paid four extra increments in the respective
pay-scale;
(e) Those workers with 25 years of service shall be
paid five extra increments in the respective
pay-scale;
(f) Those workers with 26 years of service and
above shall be paid six extra increments;
(g) Those workers with 30 years of service and
above shall be paid seven extra increments.
4. FIXED DEARNESS ALLOWANCE (FDA):
Effective from 01-07-2019 each worker should be
paid an additional Rs. 1500/- per month in the Fixed
Dearness Allowance (FDA).
5. VARIABLE DEARNESS ALLOWANCE (VDA):
Effective from 01-07-2019 Variable Dearness
Allowance (VDA) will be paid to each employee at
the rate of Rs. 3/50 per point increase or decrease
over 6034 points of All India Consumable Price Index
(AAICPI) (1960=100). All other conditions of
payments of VDA shall remain the same.
6. HOUSE RENT ALLOWANCE (HRA):
Effective from 01-07-2019 House Rent Allowance
(HRA) will be paid @ 35% of the Basic Salary, Personal
Pay, Service Pay, Fixed Dearness Allowance and
Variable Dearness Allowance instead of 28%
currently paid to the employees. Those employees
residing in company quarters shall be paid a House
Maintenance Allowance @ 15% of the gross salary
every month.
7. TRANSPORT ALLOWANCE:
Effective from 01-07-2019 the Transport
Allowance shall be revised from Rs. 30/- to Rs. 50/- for
each full regular shift worked. This allowance will
also be paid for additional shifts worked on Overtime
and Holidays.
8. LEAVE TRAVEL ASSISTANCE (LTA):
Effective from 01-07-2019 each workman shall be
paid Leave Travel Assistance (LTA) @ Rs. 15,000/-
per year instead of Rs. 7,400/- per annum.
9. THRIFT FUND:
Effective from 01-07-2019 the employer’s
contribution to Thrift Fund will be revised from
Rs. 200/- to Rs. 500/- per month. The workman will
contribute Rs. 500/- per month. The union and the
management shall after due study, adopt a saving-
-cum-Insurance scheme for the purpose of investing
this amount and for better accruals to the workers.
10. WASHING ALLOWANCE:
Effective from 01-07-2019 the Washing Allowance
will be revised to Rs. 400/- per month.
11. SHIFT ALLOWANCE:
Effective from 01-04-2019 the workman working
on shifts will be paid Shift Allowance at the following
rates.
1st Shift
06.00 hours to 14.00 hours
Rs. 15/- per
full shift.
2nd Shift 14.00 hours to 22.00 hours
Rs. 20/- per
full shift.
3rd Shift 22.00 hours to 06.00 hours
Rs. 30/- per
full shift.
12. CHILDERNS’ EDUCATION ALLOWANCE:
Effective from 01-07-2019 every worker will be paid
Children’s Education Allowance of Rs. 400/- per
month.
13. MEDICAL REIMBURSEMENT:
(a) Effective from 01-07-2019 the Medical
Reimbursement will be revised from Rs. 7,400/-
to Rs. 15,000/- per annum for those workmen
who were not covered under ESI and were
receiving Medical reimbursement.
(b) Those workmen who have come out of ESI
in view of the present settlement shall be
entitled for reimbursement of Medical Bills,
Prescription fees, etc., on actual basis as above
from 01-07-2019.
(c) Sick Leave:
Those workers who meet with accident while
on duty shall be eligible to “Special Paid Leave”
until recovery/recuperation.
14. EFFICIENCY PAYMENT SCHEME:
(a) That the present-day/existing Efficiency
Payment Scheme (EPS)/incentive scheme ought
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2229
to be revised upwards by 60% with effect from
01-07-2019. A number of issues connected with
mode of computation of EPS and other formulae
used to determine incentive payable to workers
needs to be discussed.
(b) Efficiency incentive ought to be paid an
overtime (O.T.) on holiday’s and weekly-off days
with effect from 01-07-2019.
15. FACTORY ALLOWANCE:
That with effect from 01-07-2019 each worker shall
be paid a Factory Allowance at the rate of 5% of the
Basic Salary.
16. GRATUITY:
That with effect from 01-07-2019 each worker shall
be entitled to the payment of Gratuity upon
Superannuation/Termination/Resignation on the
following basis:
(a) A minimum gratuity on the gross salary at the
rate of 30-days wages per completed years of
service; and
(b) Those workmen who succumb to injuries or die
“while on duty” within the precincts of the
company/factory OR “in the course of
employment” shall be paid gratuity at the rate
of 40 days wages for every completed year of
service.
17. FESTIVAL ADVANCE:
That each worker shall be entitled to a Festival
Advance of Rs. 5,000/- per year on five (5) mutually
agreed festivals. The advance paid should be
deducted in 5 (five) equal monthly installments.
18. LOAN FACILITY:
That the following Loans be sanctioned to each
worker during the period of operation of the
settlement:
(a) Housing Loan:
Rs. 1,50,000/- at an interest-rate of 4% to be
deducted in 100 equal installments; and
(b) Vehicle Loan:
Rs. 50,000/- at an interest rate of 4% to be
deducted in 50 equal installments.
19. QUARTERS TO ALL THE WORKMEN:
That all the workmen be provided with Housing
Facilities at Zuarinagar; within the Zuari Agro
Chemical Limited (ZACL) complex.
20. FOURTY (40 – HOURS WEEK):
That all the workmen ought to be entitled to the
facility of 40 hours’ week work with effect from
01-07-2019.
21. BONUS-CUM-EX-GRATIA:
That with effect from 01-07-2019 the workers
should be paid Bonus-cum-Ex-gratia @ 20% on the
Basic Personal Pay, Fixed Dearness Allowance,
Special Pay and Variable Dearness Allowance
without any ceiling. Bonus should be paid every year
15 days before the festival of Ganesh Chaturthi.
22. SAFETY–INCENTIVE:
That each worker shall be entitled to the Safety
Allowance/Incentive each month on the same basis
as is disbursed to the Zuari Agro Chemical Limited
(ZACL) employees.
23. INSURANCE SCHEME:
That each worker ought to be insured to an extent
of five lakhs of rupees.
24. ANNUAL PICNIC:
That the workers and staff should be sent out on
a Picnic once a year with fully paid Transport
Facilities with two days paid leave and an additional
sum of Rs. 300/- per day, per person.
25. TRANSPORT TO BE PROVIDED TO
WORKMEN AFTER 20.00 HOURS:
That the workmen who are required to report-off
for duty at 20.00 hours should be provided with
transport facilities to reach their homes.
26. LEAVE FACILITIES:
(a) Privilege Leave:
The existing practice 35 days Privilege Leave
(PL) per year to be credited on 1st April of the
following year in which it is earned and the
workers be allowed to accumulate the Privilege
Leave from existing 90 days to 100 days.
(b)Casual leave:
The existing 10 days of Casual Leave (CL) per
year be given to each worker to be credited to
the account of the individual workman on 1st
April, every year. If any Casual Leave as on 31st
March of every year if remained unutilized, the
same be encashed and paid along with the
wages for the following month of April.
(c) Sick leave:
The existing 10 days of Sick Leave (SL) per year
to be credited at the beginning of April, every
year with accumulation of upto 60 days.
(d) Paid Holidays:
Besides the existing 12 days of paid Holidays,
(National and Festival), 3 days Restricted
Holidays be given every year.
2230
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
27. PAID COMPENSATORY-OFF:
Paid Compensatory-off should be given to the
worker should a worker work beyond 16 hours.
(a) Man-Power to be increased:
The man-power ought to be increased.
(b) Full Incentives should be paid to the Committee
Members when they attend meetings with the
Management/Union.
28. INTERIM RELIEF:
That pending discussions and settlement of this
Charter of Demands, each worker be paid a sum of
Rs. 6000/- per month effective from 01-07-2019 which
could be set off/adjusted against the final agreement
reached between the parties on this Charter of
Demands.
(2) If answer to issue No. (1) above is in negative
then, what relief the workmen are entitled to?.
By order and in the name of the Governor
of Goa.
Amalia O. F. Pinto, Under Secretary (Labour).
Porvorim, 21st September, 2022.
————
Order
No. 28/25/2022-Lab/502
Whereas, the Government of Goa is of the opinion
that an industrial dispute exists between the
management of M/s. Vinaya Enterprises, Plot
No. 36/37, Cuncolim Industrial Estate, Cuncolim,
Goa and it’s workmen represented by the Goa Trade
and Commercial Workers’ Union, 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 7A of the said Act.
SCHEDULE
“(1) Whether the action of the management of
M/s. Vinaya Enterprises, Plot No. 36/37, Cuncolim,
Industrial Estate, Cuncolim, Goa, in refusing
employment to the following workmen with effect
from 26-06-2017, is legal and justified?
1. Shri Kamlakant Velip.
2. Shri Ratnakar Velip.
3. Shri Mahesh Gaonkar.
4. Shri Babu Velip.
5. Shri Suresh Velip.
6. Shri Vasant Velip.
7. Shri Vishnu Gaonkar.
8. Shri Gokuldas P. Velip.
9. Shri Umesh Velip.
10. Shri Prashant Gaonkar.
11. Shri Milagres Carvalho.
12. Shri Shashikant Velip.
13. Shri Ajit Velip.
(2) If answer to issue No. (1) above is in negative
then, what relief the workmen are entitled to?”
By order and in the name of the Governor
of Goa.
Amalia O. F. Pinto, Under Secretary (Labour).
Porvorim, 21st September, 2022.
————
Order
No. 28/21/2022-LAB/505
Whereas, the Government of Goa is of the opinion
that an industrial dispute exists between the
management of M/s. S. Nicholas (Plumbing and other
works), Contractor of M/s. Zuari Agro Chemicals
Limited, Zuarinagar, Sancoale, Goa and their
workmen represented by the Goa Trade and
Commercial Workers’ Union, 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 7A of the said
Act.
S C H E D U L E
“(1) Whether the action of the management of
M/s. S. Nicholas (Plumbing and other works),
Contractor of M/s Zuari Agro Chemicals Limited,
Zuarinagar, Sancoale, Goa in refusing to concede the
following charter of demands raised by the Goa
Trade and Commercial Workers’ Union is legal and
justified?
CHARTER OF DEMANDS
SALALRIES, ALLOWANCES & SERVICE –
CONDITIONS
1. PAY-SCALES:
(i) That the following pay-scales ought to be made
applicable to the workmen with effect from 01-07-2019.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2231
Grade
Designation
Pay -Scale
I
Plumber-I
4375-175-5250-210-
-6300-252-7560-305-
-9085-363-10900-
-435-13075-525-
-15700.
II
Plumber-II
5000-200-6000-240-
-7200-288-8640-345-
-10365-415-12440-
-500-14940-600-
-17940.
(ii) The Annual Increment will be paid in the
month of April, every year. Employees reaching the
ceiling of the scale in the respective grades/pay
scales will be paid the increment last drawn by them
in the applicable scale pay.
2. FLAT-RISE:
(a) Effective from 01-07-2019 every worker will be
paid a flat increase @ Rs. 3000/- per month in
the basic salary. This amount of flat rise of
Rs. 3000/- per month should be added to the
basic salary of each of the employee on the pay-
rolls of the establishment as on 30-06-2019 and
fitted at in the respective pay-scale applicable
to each employee.
(b) Fitment:
The quantum arrived in 2 (a) should be fitted in
the appropriate revised salary scale. The
residual amount if any, due to this fitment will
be considered as Personal Pay.
(c) The Personal Pay shall be considered as basic
salary for calculating all the benefits and
allowances calculated on the basic salary like
House Rent Allowance, Overtime, Bonus,
Provident Fund, ESI, Gratuity, etc.
3. SENIORITY INCREMENTS:
Effective from 01-07-2019 each of the employees
after fitment in 2 (b) shall be eligible to the following
increments on the basis of their seniority in service.
(a) Those workers with 5 years of service shall
be paid one extra increment in the
respective pay-scale;
(b) Those workers with 10 years of service shall
be paid two extra increments in the
respective pay-scale;
(c) Those workers with 15 years of service shall be
paid three extra increments in the respective
pay-scale;
(d) Those workers with 20 years of service shall be
paid four extra increments in the respective
pay-scale;
(e) Those workers with 25 years of service shall be
paid five extra increments in the respective
pay-scale;
(f) Those workers with 26 years of service and
above shall be paid six extra increments;
(g) Those workers with 30 years of service and
above shall be paid seven extra increments.
4. FIXED DEARNESS ALLOWANCE (FDA):
Effective from 01-07-2019 each worker should be
paid and additional Rs. 1500/- per month in the Fixed
Dearness Allowance (FDA).
5. VARIABLE DEARNESS ALLOWANCE (VDA):
Effective from 01-07-2019 Variable Dearness
Allowance (VDA) will be paid to each employee at
the rate of Rs. 3/50 per point increase or decrease
over 6034 points of All India Consumable Price Index
(AAICPI) (1960=100). All other conditions of
payments of VDA shall remain the same.
6. HOUSE RENT ALLOWANCE (HRA):
Effective from 01-07-2019 House Rent Allowance
(HRA) will be paid @ 35% of the Basic Salary, Personal
Pay, Service Pay, Fixed Dearness Allowance and
Variable Dearness Allowance instead of 28%
currently paid to the employees. Those employees
residing in company quarters shall be paid a House
Maintenance Allowance @ 15% of the gross salary
every month.
7. TRANSPORT ALLOWANCE:
Effective from 01-07-2019 the Transport
Allowance shall be revised from Rs. 30/- to Rs. 50/- for
each full regular shift worked. This allowance will
also be paid for additional shifts worked on Overtime
and Holidays.
8. LEAVE TRAVEL ASSISTANCE (LTA):
Effective from 01-07-2019 each workman shall be
paid Leave Travel Assistance (LTA) @ Rs. 15,000/-
per year instead of Rs. 7,400/- per annum.
9. THRIFT FUND:
Effective from 01-07-2019 the employer’s
contribution to Thrift Fund will be revised from
Rs. 200/- to Rs. 500/- per month. The workman will
contribute Rs. 500/- per month. The union and the
management shall after due study, adopt a saving-
-cum-Insurance scheme for the purpose of investing
this amount and for better accruals to the workers.
10. WASHING ALLOWANCE:
Effective from 01-07-2019 the Washing Allowance
will be revised to Rs. 400/- per month.
11. SHIFT ALLOWANCE:
Effective from 01-07-2019 the workman working
on shifts will be paid Shift Allowance at the following
rates.
2232
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
1st Shift
06.00 hours to 14.00 hours
Rs. 15/- per
full shift.
2nd Shift 14.00 hours to 22.00 hours
Rs. 20/- per
full shift.
3rd Shift 22.00 hours to 06.00 hours
Rs. 30/- per
full shift.
12. CHILDERNS’ EDUCATION ALLOWANCE:
Effective from 01-07-2019 every worker will be paid
Children’s Education Allowance of Rs. 400/- per
month.
13. MEDICAL REIMBURSEMENT:
(a) Effective from 01-07-2019 the Medical
Reimbursement will be revised from Rs. 7,400/-
to Rs. 15,000/- per annum for those workmen
who were not covered under ESI and were
receiving Medical Reimbursement.
(b) Those workmen who have come out of ESI
in view of the present settlement shall be
entitled for reimbursement of Medical Bills,
Prescription fees, etc., on actual basis as above
from 01-07-2019.
(c) Sick Leave:
Those workers who meet with accident while
on duty shall be eligible to “Special Paid Leave”
until recovery/recuperation.
14. EFFICIENCY PAYMENT SCHEME:
(a) That the present-day/existing Efficiency
Payment Scheme (EPS)/incentive scheme ought
to be revised upwards by 60% with effect from
01-07-2019. A number of issues connected with
mode of computation of EPS and other formulae
used to determine incentive payable to workers
needs to be discussed.
(b) Efficiency incentive ought to be paid an
overtime (O.T.) on holiday’s and weekly-off days
with effect from 01-07-2019.
15. FACTORY ALLOWANCE:
That with effect from 01-07-2019 each worker shall
be paid a Factory Allowance at rate of 5% of the Basic
Salary.
16. GRATUITY:
That with effect from 01-07-2019 each worker shall
be entitled to the payment of Gratuity upon
Superannuation/Termination/Resignation on the
following basis:
(a) A minimum gratuity on the gross salary at the
rate of 30-days wages per completed years of
service; and
(b) Those workmen who succumb to injuries or die
“while on duty” within the precincts of
the company/factory or “in the course of
employment” shall be paid gratuity at the rate
of 40 days wages for every completed year of
service.
17. FESTIVAL ADVANCE:
That each worker shall be entitled to a Festival
Advance of Rs. 5,000/- per year on five (5) mutually
agreed festivals. The advance paid should be
deducted in 5 (five) equal monthly installments.
18. LOAN FACILITY:
That the following Loans be sanctioned to each
worker during the period of operation of the
settlement:
(a) Housing Loan:
Rs. 1,50,000/- at an interest–rate of 4% to be
deducted in 100 equal installments; and
(b) Vehicle Loan:
Rs. 50,000/- at an interest rate of 4% to be
deducted in 50 equal installments.
19. QUARTERS TO ALL THE WORKMEN:
That the all workmen be provided with Housing
Facilities at Zuarinagar; within the Zuari Agro
Chemical Limited (ZACL) complex.
20. FOURTY (40 – HOURS WEEK):
That all the workmen ought to be entitled to the
facility of 40 hours’ week work with effect from
01-07-2019.
21. BONUS CUM EX-GRATIA:
That with effect from 01-07-2019 the workers
should be paid Bonus cum Ex- gratia @20% on the
Basic Personal Pay, Fixed Dearness Allowance,
Special Pay and Variable Dearness Allowance
without any ceiling. Bonus should be paid every year
15 days before the festival of Ganesh Chaturthi.
22. SAFETY – INCENTIVE:
That each worker shall be entitled to the Safety
Allowance/Incentive each month on the same basis
as is disbursed to the Zuari Agro Chemical Limited
(ZACL) employees.
23. INSURANCE SCHEME:
That each worker ought to be insured to an extent
of five lakhs of rupees.
24. ANNUAL PICNIC:
That the workers and staff should be sent out on
a Picnic once a year with fully paid Transport
Facilities with two days paid leave and an additional
sum of Rs. 300/- per day, per person.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2233
25. TRANSPORT TO BE PROVIDED TO
WORKMEN AFTER 20.00 HOURS:
That the workmen who are required to report-off
for duty at 20.00 hours should be provided with
transport facilities to reach their homes.
26. LEAVE FACILITIES:
(a) Privilege Leave:
The existing practice 35 days Privilege Leave
(PL) per year to be credited on 1st April of the
following year in which it is earned and the
workers be allowed to accumulate the Privilege
Leave from existing 90 days to 100 days.
(b)Casual leave:
The existing 10 days of Casual Leave (CL) per
year be given to each worker to be credited to
the account of the individual workman on 1st
April, every year. If any Casual Leave as on 31st
March of every year if remained unutilized, the
same be encashed and paid along with the
wages for the following month of April.
(c) Sick leave:
The existing 10 days of Sick Leave (SL) per year
to be credited at the beginning of April, every
year with accumulation of upto 60 days .
(d) Paid Holidays:
Besides the existing 12 days of Paid Holidays,
(National and Festival), 3 days Restricted
Holidays be given every year.
27. PAID COMPENSATORY-OFF:
Paid Compensatory-off should be given to the
worker should a worker work beyond 16 hours.
(a) Man-Power to be increased :
The man-power ought to be increased.
(b) Full Incentives should be Paid to the Committee
Members when they attend meetings with the
Management/Union.
28. INTERIM RELIEF:
That pending discussions and settlement of this
Charter of Demands, each worker be paid a sum of
Rs. 6000/- per month effective from 01-07-2019 which
could be set off/adjusted against the final agreement
reached between the parties on this Charter of
Demands.
(2) If answer to issue No. (1) above is in negative
then, what relief the workmen are entitled to?.
By order and in the name of the Governor
of Goa.
Amalia O. F. Pinto, Under Secretary (Labour).
Porvorim, 21st September, 2022.
Order
No. 24/15/2013-Lab-ESI/509
Ref.: Government Order No. 24/15/2013-Lab-ESI/
/656 dated 24-09-2013.
Government is pleased to re-constitute the
Hospital Development Committee comprising of the
following members for improving the overall
functioning of the E.S.I. Hospital and its attached
dispensaries:
1. Dr. Vishwajit V. Faldesai,
—
Chairman.
Sr. Ortho. Surgeon of E.S.I.
Hospital
2. Dr. Sangam Nadkarni,
—
Convener.
Insurance Medical Officer
3. Shri Loyola Rodrigues,
— (i) Employer’s
President, Margao Industrial
Representative.
Estate Small Scale Industries
Association
4. Shri Gaurish Dhond,
— (ii) Employer’s
President of Goa Hotel
Representative.
and Restaurant Association
5. Shri Prasanna Utagi,
— (i) Employee’s
President, AITUC, Goa
Representative.
State Committee
6. Shri Ankush Bagkar,
— (ii) Employee’s
General Secretary,
Representative.
Goa Raj Mahasangh,
G-5, Machado Appts.,
Ponda
7. Office Superintendent
—
Staff
Representative.
8. Deputy Labour
—
Representative
Commissioner
of State
Labour
Department.
9. Mr. Pradip de Costa,
—
Local Member
Executive Committee
from E.S.I./
Member, Goa State
/Regional
Industries Association
Board.
10. Manager, Branch Office
—
E.S.I.
Corporation.
The Committee shall meet once in every two
months.
By order and in the name of the Governor of
Goa.
Amalia O. F. Pinto, Under Secretary (Labour).
Porvorim, 23rd September, 2022.
2234
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
Notification
No. 28/02/2022-LAB/Part-V/438
The following Award passed by the Industrial
Tribunal and Labour Court, at Panaji-Goa on
29-07-2022 in Ref. No. IT/62/1999 is hereby
published as required under Section 17 of the
Industrial Disputes Act, 1947 (Central Act 14 of
1947).
By order and in the name of the Governor
of Goa.
Amalia O. F. Pinto, Under Secretary (Labour).
Porvorim, 19th August, 2022.
—–––––—
IN THE INDUSTRIAL TRIBUNAL AND
LABOUR COURT
GOVERNMENT OF GOA
AT PANAJI
(Before Ms. Bela N. Naik, Honble Presiding
Officer)
Ref. No. IT/62/1999
Workmen,
Rep. by Zuari Agro Chemicals Ltd.,
Worker’s Union,
Zuarinagar,
Sancoale-Goa
… Workmen/Party I.
V/s
M/s. Zuari Industries Limited,
Jaikissan Bhawan,
Zuarinagar,
Sancoale-Goa
… Employer/Party II.
Workmen/Party-I represented by Ld. Representative
Shri R. G. Furtado.
Employer/Party-II represented by Adv. Shri G. K.
Sardessai along with Adv. Ms. N. Gaonkar.
A W A R D
(Delivered on this the 29th day of the month
of July of the year 2022)
By Order dated 15-06-1999, bearing No. IRM/CON/
/SG/(26)/99/2969, the Government of Goa in exercise
of powers conferred by Section 10(1)(d) of the
Industrial Disputes Act, 1947 (for short ‘The Act’),
has referred the following dispute to this Tribunal
for adjudication.
“(1) Whether the following demands raised by the
Zuari Agro Chemicals Limited Workers Union,
vide their letter dated 20-01-1999 before the
Management of M/s Zuari Industries Limited,
Zuarinagar, are justified?
D E M A N D S
(01) APPLICABILITY:
This Charter of Demands pertains to employees
who are members of the Zuari Agro Chemicals
Limited Workers Union only.
(02) WORKING HOURS:
Administration Building, Liaison Office at Panjim
should observe following timings with a lunch break
of one hour from 13.00 to 14.00 hrs :
9.00 hrs. to 17.00 hrs.
(03) WORKING DAYS:
Liaison Office presently observes 5 & 1/2 days
week should be allowed to observe 5 day week.
(04) FACILITIES TO UNION EXECUTIVES FOR
CARRYING OUT UNION DUTIES :
The President, General Secretary, Vice Presidents,
Treasurer and Secretary should be allowed to avail
special leave to carry out Union functions. Besides
this, the present facilities provided should continue
unaltered. The Union should be provided with
furnished office and a computer.
(05) REVISION IN TERMS OF SERVICE PAY
SCALES/GRADES :
Effective 01-01-1999, the salary grades and
corresponding scales should be as under:
Grade
Scale
G – 1
Rs. 2000 – 90 – 4700
G – 2
Rs. 2150 – 120 – 5750
G – 3
Rs. 2300 – 140 – 6500
G – 4
Rs. 2450 – 160 –7250
G – 5
Rs. 2575 – 175 – 7825
G – 6
Rs. 2700 – 200 – 8700
G – 7
Rs. 2970 – 220 – 9570
G – 8
Rs. 3495 – 290 – 12195
G – 9
Rs. 4000 – 300 – 12700
(06) SPECIAL SALARY ADJUSTMENT:
All members on roll as on 01-01-1999 should be
give a special salary adjustment of 25% of last Basic
Salary and Personal Pay drawn.
(07) SERVICE WEIGHTAGE:
All members should be paid a service pay @
Rs. 40/- for every completed year of service effective
from 01-01-1999.
(08) VARIABLE DEARNESS ALLOWANCE:
Effective from 01-01-1999, Variable Dearness
Allowance should be computed and paid as follows:
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2235
For every point rise in AICOA (1960 = 100) over
1200 points a payment of an amount in rupees
equivalent to:
a. 0.0010 per rupee for the first Rs. 2500 or part
thereof of basic salary plus PP (if any).
b. 0.0005 per rupee for the next Rs. 1000 or part
thereof of basic salary plus PP (if any).
c. 0.0006 per rupee for the next Rs. 1000 or part
thereof of basic salary plus PP (if any).
d. 0.0007 per rupee for the next Rs. 1000 or part
thereof of basic salary plus PP (if any).
e. 0.0008 per rupee for the next Rs. 1000 or part
thereof of basic salary plus PP (if any).
f. 0.0009 for the next Rs. 1000 or part thereof of
basic salary plus PP (if any).
g. 0.0015 per rupee for basic salary plus PP above
Rs. 7500.
(09) HOUSE RENT ALLOWANCE:
Effective from 01-01-1999, house rent allowance
should be enhanced to 40% of Basic Salary plus
Dearness Allowance plus Personal Pay. All other
terms and conditions for payment of HRA to remain
unaltered.
(10) GARDENING ALLOWANCE:
Effective from 01-01-1999, all members should be
paid gardening allowance of Rs. 500/- per month and
should be reimbursed in cash.
(11) PERSONAL ALLOWANCE:
Effective from 01-01-1999, members should be paid
personal allowance of Rs. 950/- per month.
(12) TRANSPORT ALLOWANCE:
Effective from 01-01-1999, members should be paid
Transport Allowance of Rs. 1200/- per month.
(13) EDUCATIONAL ALLOWANCE:
Effective from 01-01-1999, members should be paid
an Educational Allowance of Rs. 250/- per month.
(14) FACTORY ALLOWANCE/SITE ALLOWANCE:
Effective from 01-01-1999, members should be paid
Factory Allowance/Site Allowance of Rs. 600/- per
month.
(15) ADMINISTRATIVE ALLOWANCE:
Effective from 01-01-1999, all members in
administrative categories at all location should be
paid an administrative allowance at the rate of
Rs. 500/- per month.
(16) COMPUTER ALLOWANCE :
Effective from 01-01-1999, members should be paid
a Computer Allowance of Rs. 500/- per month.
(17) TOWEL AND SOAP ALLOWANCE:
Effective from 01-01-1999, members should be paid
Soap and Towel Allowance of Rs. 300/- per month.
(18) WASHING ALLOWANCE:
Effective from 01-01-1999, members provided with
uniforms should be paid Washing Allowance at the
rate of Rs. 500/- per month.
(19) CASH HANDLING ALLOWANCE:
Effective from 01-01-1999, cash handling
allowance to be enhanced to Rs. 100/- per day to
members disbursing cash at Treasury Counter or
designated locations at Zuarinagar.
(20) OVERTIME ALLOWANCE:
Members working overtime on Company’s
declared holidays should be paid additional amount
of Rs. 250/-. Other conditions should remain unaltered.
(21) ALLOWANCE FOR EMPLOYEES AT SENIOR
MANAGERS’ RECREATION CENTRE:
Effective from 01-01-1999, the allowance paid to
members at Senior Managers’ Recreation Centre
should be enhanced to Rs. 1000/- per month.
(22) REIMBURSEMENT OF OUTDOOR EXPENSES
AND CLASS OF TRAVEL:
Effective from 01-01-1999, members who are away
on Company duty for 2–4 hours should be paid
Rs. 60/- as outdoor expenses and members who are
away on Company duty during the meal time should
be paid outdoor expenses of Rs. 150/- per meal.
Members who are away for work for a minimum of
eight hours should be paid Rs. 180/- per day.
Members away for one day inclusive of night halt
should be reimbursed outdoor expenses at following
rates :
(a) Metro Cities – Mumbai, Delhi, Calcutta
and Chennai
.... Rs. 1000/-
(b) All State Capitals
…. Rs. 750/-
(c) All other locations
…. Rs. 500/-
(23) REIMBURSEMNT IN LIEU OF CANTEEN
FACILITIES:
Effective from 01-01-1999, members should be
reimbursed @ Rs. 100/- for every day or part of day
worked.
(24) MEDICAL REIMBURSEMENT:
Members should be reimbursed Rs. 15000/- as
medical reimbursement for self, family and
dependent parents, brothers, sisters, per calendar
year effective from 01-01-1999. Hundred percent
premium towards Group Health Insurance to be
borne by the Company.
2236
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
(25) SPECIAL MEDICAL REIMBURSEMENT:
Special medical reimbursements should be paid
at actuals for self/family/dependent/parents,
brothers and sisters.
(26) LEAVE TRAVEL ASSISTANCE:
Incidental expenses to be increased to Rs. 3000/-
and paid at equal rates to all members and kilo metres
to be increased to 5000 kms. (to and fro).
Dependent parents should be allowed for the
purpose of this reimbursement.
Class of travel for all members should be first class
rail fare. (A/C).
All other conditions remain unaltered.
(27) UNIFORMS, SHOES AND RAINCOATS:
(a) UNIFORMS:
All our members should be given 5 pairs of
uniforms, Locker cupboards should be
provided.
(b) SHOES :
Members should be reimbursed cost of two
pairs of shoes at the rate of Rs. 1200/- per pair
and cost of two pairs of socks.
(c) RAINCOATS:
Members should be reimbursed cost of one
Duckback raincoat (nylon) every year.
(28) LOANS AND ADVANCES:
(a) VEHICLE LOAN:
Effective from 01-01-1999, Vehicle Loan for
purchase of scooter/moped/motorcycle (Two
Wheelers) should be enhanced to Rs. 40000/- or
at actuals, whichever is less, to be recovered in
48 equal monthly installments with an interest
rate of 3%.
In addition to Scooter/Moped/Motorcycle loan,
those members who have completed 15 years
of services should be given a one-time car loan
of Rs. 175000/-. Recovery to cover the balance
period of service.
(b) FURNITURE/EQUIPMENT LOAN:
Effective from 01-01-1999, furniture equipment
loan to be enhanced to Rs. 60000/-. Members
should be allowed to draw Vehicle loan and
furniture/Equipment loan concurrently.
(c) HOUSING LOAN:
Effective from 01-01-1999, housing loan to be
enhanced to Rs. 500000/-. In cases where both
husband and wife are members of ZIL, the loan
limit to both should be 1000000/- for purchase
of own house/flat.
Modification/Renovation loan of Rs. 50000/-
presently extended to our members to be
increased to be Rs. 150000/-.
All loan applications should be cleared without
any budgetary restrictions.
The repayment of housing loan should be
spread upto the retirement age of the member.
In the event of member being permanently
disabled and retrenched/separated from
service, all the loans (vehicles, furniture,
housing) should be waived off.
All other terms and conditions to remain
unaltered.
(d) FESTIVAL ADVANCE:
Members should be allowed to avail an interest
free festival advance of Rs. 10000/- in a calendar
year to be recovered in 12 equal monthly
installments.
(29) ANNUAL PERFORMANCE AWARD:
Annual Performance Award should be enhanced
by 50%.
(30) NEW PERFORMANCE AWARD SCHEME:
The new productivity Linked Inventive should be
paid to all members at equal rates.
A sales performance award @ 0.5% of gross
turnover should be paid. The details of the Scheme
should be worked out in consultation with the Union.
(31) EX-GRATIA/BONUS:
Ex-gratia/Bonus should be calculated @ 20% of
the actual salary (Basic+DA+PP).
(32) PENSION SCHEME:
Effective from 01-01-1999 employers contribution
should be enhanced to 15%.
(33) GRATUITY:
Gratuity should be paid at the rate of one months’
salary (Basic+DA+PP) for every completed year of
service.
(34) VOLUNTARY RETIREMENT SCHEME:
The management should introduce Voluntary
Retirement Scheme (VRS) for members who desire to
retire.
The amount payable should be as follows :
Three months’ salary (Basic + DA + PP) for every
completed year of service.
Two months’ salary (Basic + DA + PP) for every
year of service to be completed.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2237
In addition to the above members who have
completed 15 years of service should be given
Rs. 75000/-; 20 years of service should be given
Rs. 100000/- and 25 years of service and above should
be given Rs. 150000/- lumpsum, and Rs. 1000/- p.a.
upto the age of retirement of the claimant.
(35) LEAVE:
(a) PRIVILEGE LEAVE:
Effective from 01-01-1999, Privilege Leave
should be enhanced to 40 days in a Calendar
year. Holidays/off days falling in between leave
period should not be considered as leave.
(b) CASUAL LEAVE:
Casual leave to be enhanced to 15 days in a
calendar year.
(c) SICK LEAVE:
Sick leave to be enhanced to 25 days in a
calendar year and there should be no bar for an
accumulation purpose. However, option should
be made mandatory for availing sick Leave for
6 days and above.
(d) RESTRICTED HOLIDAYS:
All members should be allowed to avail 2 days
restricted holidays in a calendar year.
(e) ADDITIONAL SICK LEAVE:
Every member should be given additional sick
leave with full pay for 60 days and half pay for
more than 60 days in case of extreme sickness.
(f) SPECIAL LEAVE ON BUNDH DAYS:
In case of emergencies such as bundhs, strikes,
riots, etc., the company should treat such
absence as special leave.
(g) LEAVE PAY:
Any member who ceases to be an employee of
the Company for whatever reasons, should be
paid full wages for any leave outstanding to
his/her credit on the date of his/her ceasing to
be in service.
(h) LEAVE COMBINATION:
All types of leave including Company’s
declared holidays, compensatory offs, restricted
holidays should be allowed to be used in any
combination.
(i) PUBLIC HOLIDAYS:
Public holidays to be enhanced to 16 days in a
calendar year. Determination of holidays to be
done jointly as per prevailing practice.
(36) RETIREMENT AGE:
The retirement ages for all members to be
enhanced to 60 years of age.
(37) CLASSIFICATIONS/DESIGNATIONS OF JOB :
Present practice to continue.
Qualifications should be relaxed in cases of
members who were on Company pay roll as on
30-12-1987.
(38) JOB DESCRIPTION:
All members should be given job description of
the posts/desks they are managing.
(39) PROMOTION POLICY:
Present practice to continue except that all
employees joining in grade G–5, on completion of 5
years of service in grade G–8, be promoted to grade
G – 9 and all the employees joining in Grade G – 4 on
completion of 5 years in Grade G – 7, be promoted to
Grade G – 8.
All employees in salary Grade G – 8 who have
completed 18 years of service in the Organization
should be promoted to M – 07.
(40) FILLING OF VACANCIES IN ENTRY LEVEL IN
MANAGEMENT CADRE:
100% of vacancies (entry level to management),
should be filled by internal promotions.
(41) SERVICE AWARDS:
Effective from 01-01-1999, Service Awards should
be as follows:
Completed years of Service
Awards
15 years of Service
10000/-
20 years of Service
15000/-
25 years of Service
20000/-
(42) HOLIDAY HOMES:
The present facility at Mahabaleshwar already
provided to unionized staff should also be extended
to the other location such as Ooty, Kodaikanal,
Panchagani, etc.
(43) OUT OF STATE ALLOWANCE:
Upon transfer from one State to other due to any
reason, the members should be paid Rs. 2000/- per
month as out of State allowance.
(44) REIMBURSEMENT OF WATER/ELECTRICITY
CHARGES:
Effective from 01-01-1999, Water and Electricity
charges should be reimbursed at actuals subject to
maximum of Rs. 75/- and Rs. 150/- per month,
respectively.
2238
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
(45) ABOLITION OF CONTRACT LABOUR:
In the interest of all the workmen industrial peace
and harmony, the contract labour system in the
Company should be abolished.
(46) MARRIAGE GIFT:
Marriage gift to be enhanced to Rs. 5000/-.
(47) GIFT TO EMPLOYEES AT THE TIME OF
RETIREMENT:
A Gift of Rs. 25000/- should be paid to employees
at the time of retirement.
(48) GOODWILL GESTURES:
Within one month of the signing of the settlement,
the management should pay to all members of
ZACLWU only, an amount of Rs. 5000/- as goodwill
gesture along with arrears accrued.
(49) GENERAL :
(a) members who retire in the intervening period
of the settlement should be paid the benefits of
the settlement if they retire prior to signing of
the settlement.
(b) benefits arising out of this settlement should
be given to members of ZACLWU only.
(c) All other facilities provided in earlier
settlement stands unaltered.
(50) PERIOD OF SETTLEMENT:
January 1, 1999, to 31st December, 2001.
(2) If not, to what relief the workmen are entitled?”
2. Upon receipt of the reference, it was registered
as IT/62/1999 and registered A/D notices were issued
to both the parties. Pursuant to service of notices,
Party I filed a Claim Statement at Exhibit 3 and Party
II filed its Written Statement at Exhibit 4.
3. In short, the case of the Party I/Workmen is that
the Party I is an Union representing a sizeable
majority of the workmen employed with the Party II.
Till the year 1981, there was only one Trade Union
operating for the second Party however, since 1981,
there are two Trade Unions representing the workers
of the 2nd Party Company being Zuari Agro
Chemicals Limited Employees’ Union and the Zuari
Agro Chemicals Limited Workers’ Union being the
1st Party Union. The 1st Party Union has
predominantly and at all times represented the
employees employed at the Head Office and the
Regional Offices of the 2nd Party and the other union
has been representing employees in the Factory.
Thus, the 1st Party Union has its majority membership
from the workers belonging to the administrative
categories and the other union has most of its
members from the employees working in technical
categories.
4. Due to the existence of two Unions in the 2nd
Party, the Employer has at all times entered into two
separate settlements, one which each of the Unions
after holding separate negotiations and discussions.
The practice of entering into two settlements was
followed even when the terms of both the settlements
were identical and entered into on the same date.
The instances of entering into separate settlements
were 06-06-1984, 30-12-1987, (separate settlements
with each of the Union) 12-02-1991 with the said
Union and 26-03-1991 with the other Union. In
accordance with the accepted custom and usage,
the said Union raised a Charter of Demand dated
14-12-1995 and the other union raised their Charter
of Demands dated 21-01-1996, however the 2nd Party
held discussions and negotiated with the other
Union on their Charter of Demands and the same
resulted in a settlement dated 05-11-1997 with the
other Union and the 2nd Party.
5. The 2nd Party remained obdurate and refused
to negotiate with the 1st Party Union on their Charter
of Demands on the specious plea that the other Union
had more numerical strength and ultimately the said
Union approached the Hon’ble High Court and
reference No. IT/81/1997 was made to the Industrial
Tribunal and by an order dated 01-07-1998 the
Tribunal directed that the members of the said Union
also should be extended benefits envisaged under
the settlement dated 05-11-1997. The Union
submitted their Charter of Demand on 28-01-1999
and the other Union submitted their demands on
04-02-1999. The Party II refused to negotiate with the
said Union and vide their letter dated 11-02-1999
continued to negotiate with the other Union. The
second Party excluded the said Union from any
discussions and negotiations on their Charter of
Demands dated 20-01-1999 and as such the said
Union was constrained to approach the Dy. Labour
Commissioner but the Party II refused to negotiate
with the said Union on their Charter of Demand and
hence a Failure Report was submitted by the Dy.
Labour Commissioner on 30-04-1999 and as such the
appropriate Government referred the Charter of
Demand raised by the said Union for adjudication
before this Tribunal.
6.
Pursuant to the amendment made in the
pleadings to the Claim Statement and to the Written
Statement, the amendment to both was made
accordingly. The Party II negotiated with the other
Union on their Charter of Demands and since the
Party I was not taken into confidence about the
negotiations, they were unaware of the details of the
discussions allegedly held and since the discussions
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2239
and negotiations also took place in a bilateral frame
work and not in the course of any conciliation
proceedings, no notice of conciliation was ever
issued or put up in the Party II thus making it clear
that the negotiations did not take place after
admitting the same in conciliation. It is stated that
the President of the Party I suddenly received a letter
dated 05-05-2000 from the Conciliation Officer that
the Party II and the other Union were finalizing a
settlement on the latter’s Charter of Demands and
also mentioned his intention to give a hearing to the
Party I. The Party I thereafter addressed the letter
dated 05-05-2000 to the Conciliation Officer and
called upon him to ensure that any settlement
entered into between the Party I and the other Union
should not be signed as a conciliation settlement
nor made binding on the Party I since their Charter
of Demands were already pending adjudication
before the Tribunal.
7. A meeting was thereafter held in the Office of
the Conciliation Officer on 08-05-2000 which was
attended by the Party II and representatives of the
other Union. The Party I and the other Union
apparently reached an understanding and
approached the Conciliation Officer only for signing
a settlement. During the course of the meeting, the
Party II made it clear that they intended to sign a
settlement u/s 12(3) of the Industrial Disputes Act
since they had considered to be fair and reasonable.
Therefore, it was clear beyond doubt that the Parties
had already arrived at an agreement without the
assistance of the Conciliation Officer and that they
had only approached the Dy. Labour Commissioner
to sign the pre-arranged agreement in a malafide bid
to try and bind the Party I and its members to
pre-empt the pending adjudication before the
Tribunal.
8. It is further stated that by a letter dated
10-05-2000, the Dy. General Manager of the Party II
reiterated that as stated in the meeting held on
08-05-2000, they intended to sign a ‘conciliation
settlement’ u/s 12(3) of the Industrial Disputes Act.
The party I by their detailed letter dated 10-05-2000
addressed to the Dy. Labour Commissioner explained
in detail the entire matter with special emphasis on
the practice of entering into two settlements and
also the fact that their Charter of Demands were
already pending adjudication before the Tribunal and
also requested for some time to file their Written
Statement to the various points raised in the draft
settlement.
9. Thereafter, by letter dated 26-05-2000, the Chief
Manager (Personnel and Industrial Relations)
informed the President of the Party I that they had
entered into a settlement dated 19-05-2000 with the
other Union in the present of the Conciliation Officer
and u/s 12(3) of the Industrial Disputes Act which
according to them covered all the employees. The
Party I by their letter dated 16-07-2000 addressed to
the Party II have protested against their action of
crediting the bank accounts of the members of the
Party I with the benefits accrued to the workers in
terms of the settlement dated 26-05-2000 and also
enclosed individual letter of their members calling
upon them to take back the benefits so granted and
also made it clear that the same was without
prejudice to the rights of the Petitioner and their
members to take appropriate action against the same.
Hence it is prayed that the present reference be
decided in favour of the Party I Union and provide
them the reliefs as demanded in the Charter of
Demands dated 28-01-1999.
10. In the Written Statement it is the objection
raised by the Party II that the Charter of Demands in
the matter of service conditions effecting the
workmen of establishment as a whole raised by a
minority Party I Union is not permissible in law and
on this count itself the reference needs to be rejected.
The Party II is engaged in the manufacturing of
fertilizers at its manufacturing Units at Zuarinagar –
Goa and their workmen were organized for the first
time into a Trade Union known as Zuari Agro
Chemical Employees Union who raised their first
Charter of Demands on 11-09-1973 and they
demanded recognition of Union and the said Charter
was followed by negotiations between the Party II
and the said Union. The said negotiations culminated
into a settlement dated 12-11-1973 u/s 12(3) of the
Industrial Disputes Act and one of the terms of the
settlement was recognition of the ZACL Employees
Union which clause reads as “the Management had
recognized ZACL Employees Union registration
No. 93(GOA).
11. It is further stated that the Industrial Tribunal
has passed an Award in terms of Settlement dated
05-11-1997 entered into by the Party II and the ZACL
Employees Union. This Award has not been
terminated by the Party I in accordance with Section
19(3) of the Industrial Disputes Act before raising of
the Charter of Demand dated 20-01-1999. Since the
said Award has not been terminated, the same
continued to be in operation on the date the Charter
of Demand dated 20-01-1999 was submitted by the
Party I Union and on the date the present reference
was made by the Government which is dated
15-06-1999, no dispute was existing in respect of the
subject matter of the said Award and as such the
present reference on the Charter of Demand of the
Party I dated 15-06-1999 is null and void.
12. The Party II further states that they entered
into settlement from time to time with the said Union
2240
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
concerning all the employees of the establishment
and in the year 1981, a group of employees formed a
Union called as ZACL Workers’ Union i.e. the Party I.
This Union is herein referred to as the ‘said Union’.
The ZACL Employees Union continued to have
numerical majority and as such the Management
commenced discussion with the Party I Union of the
demands that were submitted by them from time to
time. The ZACL Employees Union continued to be
the majority Union. From the time of formation of the
Party I Union, the Charter of Demands were served
by both the Unions on the Party II establishment. The
Party II signed identical settlements with both the
Union covering all the employees and the
settlements were basically composite settlements
which resolved the dispute raised by both the
Unions. The settlements were on some occasions
entered into in conciliation or outside the
conciliation which settlements were either u/s 12(3)
or 2(p) of the Industrial Disputes Act.
16A. In Zuari Industries Limited, historically
there were two Trade Unions of Employees, namely
Zuari Agro Chemicals Limited Workers Union
(Minority), the Petitioner Union-Party No. I which is
currently representing only 18 workmen out of a total
of 447, and other Zuari Agro Chemicals Limited
Employees Union (Majority), representing remaining
429 employees. The Charters of Demands submitted
separately by aforesaid two rival unions used to be
settled by signing two separate settlements on
identical terms till the year 1994. Both the settlements
signed separately with two Unions contained a
clause restricting the applicability of each settlement
to the members of the Union which had entered into
settlement.
16B. The Zuari Agro Chemicals Emplyees Union
(Majority) raised a dispute on issue of signing
identical settlement with the Zuari Agro Chemicals
limited Workers Union (Minority) and challenged in
the High Court the settlement dated June 22, 1994
signed with the Minority Union. The Honourable
High Court was pleased to dismiss the petition in
view of restricted applicability of each settlement to
the members of each Union which has entered into
setlement.
16C. The Zuari Agro Chemicals Employees Union
(Majority) challenged the order of the Honourable
High Court before the Supre Court. The Supreme
Court hears the Special Writ Petition No. 12389 of
1996 and observed as follows:
“Keeping in view the clauses in the two settlement
dated April 24, 1994 and June 22, 1994 restricting
the applicability of each settlement to the members
of their Union which has entered into the settlement,
we are of the opinion that two settlements have to
be read together and both the settlements have to
be treated as a composite settlement resolving the
dispute raised in the charter of demands submitted
by both union”.
16D. The Party I i.e. The Zuari Agro Chemicals
Employees Union (Majority) submitted a Charter of
Demands dated December 14, 1994, raising Charter
of Demand restricted to its own members. The
Party No. II states that the Zuari Agro Chemicals
Employees Union (Majority) submitted a Charter of
Demand vide their letter dated 22-01-1996 raising in
respect of all workmen in the establishment of the
company irrespective of the nature of work and
location, contending that they were the majority
union and the sole bargaining agent of the
establishment of the Zuari Agro Chemicals Ltd.
Employees Union (Majority) had also served a notice
dated January 23, 1997, proposing to go on strike
from February 7, 1997 onwards.
In view of the deterioting Industrial relation
situation because of the two rivals Union, the Deputy
Labour Commissioner, Margao, Government of Goa,
intervened in the matter. In the Conciliation meeting
held in the office of the Deputy Labour Commissioner
on 05-02-1997, the Deputy Labour Commissioner
proposed that the Management should refer the
matter to the Registrar of Trade Unions under the
Indian Trade Unions Act, to determine the issue.
Accordingly, Party II, namely Zuari Agro Chemicals
Limited made a reference to the Registrar of Trade
Unions and Government of Goa, vide their letter dated
06-02-1997, seeking advice to deal with the situation
in the line with the Government’s Policy for
maintaining industrial peace and harmony.
16F. The Commissioner of Labour, Government of
Goa, advised Party II vide letter dated 28-02-1997 in
reply to her aforesaid letter dated 06-02-1997 that
“considering the overall industrial relations situation
and also the fact that numerically, Zuari Agro
Chemicals limited Employees union has more
members in the establishment, mainly from the plant,
you may go ahead with the negotiations on Charter
of Demands served by them on you for arriving at an
amicable settlement in the course of conciliation
proceedings”.
The Commissioner of Labour also suggested the
management to ensure that the out come of the
negotiations are in line with the Supreme Court’s
Judgment dated 24-10-1996.
16G. The Party No. II further states that in
accordance with the guidelines received from the
Government vide aforesaid letter dated 28-02-1997
and the principle established by the Honourable
Supre Court, the Party No. II started negotiating with
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2241
Zuari Agro Chemicals Limited Employees Union
(Majority) and arrived at one composite settlement
covering all employees of the establishment by virtue
of a clause in the settlement making it applicable to
all the permanent employees of the Company,
irrespective of the nature and location of work. All
workmen of the Esablishment accepted the terms
and conditions and the benefits of the settlement in
full after giving individual undertaking and received
full benefits of the aforesaid settlement. The Charter
of Demands dated 14-12-1995 submitted separtely
by Party I, Zuari Agro Chemicals Limited Workers
Union (Minority), restricted to their own members
was referred for adjudication. The Industrial Tribunal,
considering the fact that the benefits of the
settlement with Zuari Agro Chemicals Limited
Employees Union (Majority) have been received by
all workmen including all the members of the Zuari
Agro Chemicals Employees Union (Minority), passed
an Award dated 01-07-1998 in terms of the settlement
dated 05-11-1997 with the majority Union.
16I. The Party No. II states that on expiry of the
period of settlement dated 05-11-1997, two more
settlements were arrived with Zuari Agro Chemicals
Limited Union (Majority) in conformity with the
guidelines provided by the Government of Goa vide
their letter dated 28-02-1997 and the principle
established by the Supreme Court for a composite
settlement covering all workmen of establishment.
The two settlements, after expiry of the settlement
dated 05-11-1997 for the period from 01-01-1999 to
31-12-2001 and the settlement arrived at on January
16, 2003 for the period covering 01-01-2002 to
December 31, 2004 and both the settlements are
composite settlements signed with the Zuari Agro
Chemicals Limited Employees Union (Majority),
following guidelines provided by the Government
and the principles established by the Supreme Court.
16J. The terms and the conditions and the benefits
of the aforesaid settlement dated 19-05-2000 with
Zuari Agro Chemicals Limited Employees Union
(Majority) have already been accepted and benefits
received by all workmen of the establishement
irrespective of the nature of work and the location.
The Charter of Demands submitted separately by the
Party I. The Zuari Agro Chemicals Limited Enployees
Union (Minority) is pending before the Honourable
Tribunal for adjudication.
16K. The Party No. II states that since the
settlement was signed under the provisions of section
12(3) of the Industrial Disputes Act, 1947 and covered
all the workmen of the company, the Party No. II
Company approached the Honourable Tribunal,
before whom the Charter of Demands of the Party
No. I Union was pending with an application dated
22-08-2000 to dispose this refernce with a no dispute
award. The Party No. II states that on expiry of the
period of the settlement dated 19-05-2000 both the
Unions namely Zuari Agro Chemicals Employees
Union (Majority) and the Party I Union submitted their
respective Charters of Demands dated 29-01-2002 and
17-01-2002 respectfully. The Party No. II further states
that in accordance with the guidelines received from
the Government vide their letter dated 28-02-1997
and the principle Zuari Agro Chemicals Limited
Employees Union (Majority) which fructified into
settlement dated 16-01-2003. The Settlement signed
under section 2(p) of the Industrial Disputes Act,
1947, provides that the benefies of the settlement
would be made applicable to all the workmen who
gave individual undertakings accepting the terms
of the settlement in totality.
16L. The Party II submits that 514 of 544 workmen
of the company i.e. 94.48% accepted the terms of the
settlement namely all the members of Zuari Agro
Chemicals Limited Employees Union (Majority). And
48 employees of Zuari Agro Chemicals Limited
Workers Union (Minority) only 30 workmen who are
members of Zuari Agro Chemicals Limited workers
Union (Minority) i.e. Party I did not accept the terms
of the settlement immediately. Subsequent 12 more
of their members accepted the terms of the
settlement. The terms and also the benefits of the
said settlement were accepted by all workmen
including those represented by the Party I union
except 18 persons.
16M. The Party No. I Union has lost membership
sharply:
Year/Time
No. of Members
Before settlement dated 05-11-97
162
After implementation of settlement
83
dated 5-11-97
At the time of ZACLWU submitted
78
Charter of Demands dated 17-01-2002
After settlement dated 16-01-2003
30
As on July, 2004
18
Membership of Zuari Agro Chemicals Limited
Workers Union (Minority) has prograssively declined
and dropped to 18-01-2004.
16N. The Party No. II states that the company by a
letter dated 12-6-2003 addressed to the Registrar of
Trade Unions informed the Registrar that as on
31-5-2003, Zuari Agro Chemicals Limited Workers
Union (Minority) Party No. I Union has membership
of only 30 persons out of 539 workmen in Zuari
Industries Limited. The Party II also referred to
section 9-A of the Trade Unions Act, 1926 which
specifies the minumum requirement about
membership of a Trade Union. The attention of the
2242
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
Registrar of Trade Unions was also drawn to Section
10(c) of the Trade Union Act. The Registrar of Trade
Union, Goa issued a show cause notice dated
28-04-2004 to the Party I union giving 60 days notice
for conciliation of registration of the Party I union
and as no reply was received by the Registrar of Trade
Unions by his order No. CLE/TU/(180)81/6354 dated
6-08-2004 cancelled the registration in view of
Section 9-A and 10(c) of the Trade Unions Act, 1926.
16O. It is further stated that Party I has already
lost the status of a registered union effective from
06-08-2004 all workmen of the establishment except
above eighteen belonging to the De-regestered union
also given declarations in writing that they are not
interested in the dispute raised by the Party I Union
in the matter and as such no dispute servives. The
Party No. I has also lost its standing to represent
workmen as registered union as per Section 36 of the
Industrial Disputes Act, 1947.
16P. The Party II therefore submits that reference
itself is not maintainable and deserves to be rejected
summarily.
The Party states that in the year 1994 settlements
in conciliation were signed under Section 12(3) by
the Party No. II with ZACL Employees’ Union, on
25-04-94 and on 21-6-94 by the management Party
No. II with ZACL Workers’ Union and Party No. I
Union, repsectively.
13. The Party II states that the ZACL Employees’
Union raised a charter of demand vide their letter
dated 22-01-1996 and the Party II Union also raised
their charter of demands vide their letter dated
14-12-1995. The Party II submits that ZACL
Employees’ Union also demanded that it should be
declared as the majority Union and sole bargaining
agent for all employees of the company. Since there
was an impasse which was affecting industrial
relations and the business of the Company, Party II
sought Government’s advice for dealing with the
situation in line with Govt. policy for maintaining
industrial peace & harmony in the State in the
absence of any appropriate legislation in the matter
and the Party II received a letter dated 28-02-1997
from the Labour Commissioner in response to the
letter of the Party II seeking clarifications and
guidance, advising the Party II to initiate
negotiations on the charter of demands of the ZACL
Employees’ Union who had more numerical strength.
14. The Party II further states that in accordance
with the guidelines, the ZACL Employees’ Union and
the Party II Union arrived at a settlement dated
05-11-1997, under Section 2(p) of the Industrial
Disputes Act of 1947. The said settlement was
pursuant to the charter which raised demands in
respect of all the employees employed in the
establishment of the Company, irrespective of the
nature of work or the status of the employment. The
Party II further states that by virtue of clause 31.1 of
the said settlement, it was made applicable to all
permanent workmen of the Company at their
establishment at Goa and offices at Delhi, Bombay
and Regional Marketing offices and the said
settlement also provided under clause 31.2 that all
such workmen willing to receive benefits under the
settlement had to sign individual declaration, as per
annexure 5 of the settlement. The Party II states that
all the members of the ZACL Employees’ Union and
the Party I Union accepted the settlement after giving
individual undertaking and received all the benefits
under the settlement.
15. The Party II further states that in the
meanwhile since the charter of demands dated
14-12-1995 of the Party I Union which was pending
before the Labour Commissioner as a dispute in
conciliation ended in failure, by an order dated
09-12-1997 the Govt. referred the said dispute for
adjudication before this tribunal and aince the terms
incorporated in the settlement were already
accepted by all the employees of Party II irrespective
of union affiliation this reference was disposed off by
an award dated 01-07-1998 in terms of the settlement
dated 05-11-1997. The Party II further states that the
settlement dated 05-11-1997 signed under Section
2(p) read with Section 18(1) of the Industrial Disputes
Act in terms of clause 31.1 was applicable to all the
workmen of the Company at its establishment at Goa
or otherwise, irrespective of the Union affiliation of
such workmen. Besides, since this settlement was
signed with the majority union had all the
implications arising thereto of a settlement being
fair and reasonable and binding on all the workmen
as what is good for the majority is good for the
minority.
16. The Party II states that since the settlement as
stated earlier was accepted by all the workmen, the
reference by the Government of the charter of
demands of the Party No. II Union being in the matter
of a subject covered by the settlement dated
05-11-1997, did not survive. Apart from the above the
Industrial Tribunal having recognized the universal
acceptability and therefore universal applicability
of a fair and reasonable settlement and on a specific
plea by the Party I Union, passed an award in terms
of the said settlement. The Party II company also had
no objection to the passing of an award in terms of
the settlement.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2243
17. The Party II further states that the Union
thereby recognized that the settlement signed with
the majority Union has been accepted by all the
workmen including their members and therefore was
binding and as such the award thereby also
recognized the majority status of the ZACL
Employees’ Union who were signatory to the said
settlement and as a consequence thereof, all the
Parties accepted that the majority union i.e. the ZACL
Employees’ Union and in respect of terms and
conditions of service which affects all the employees,
the ZACL Employees’ Union having a large numerical
strength is the Union with whom in the future the
company has to negotiate. The above said approach
was in tune with the practice followed in the last
settlement.
18. The Party II further states that in the
meanwhile, the strength of the Party No. I Union was
substantially reduced and the membership strength
as on the date of the signing of the settlement dated
05-11-1997 was 147 and as on the date of submission
of charter of demands by the Party II was 85. The
membership strength of the ZACL Employees’ Union
as on the date of submission of charter of demand
was 501 and the Party I Union submitted their charter
of demands dated 20-01-1999 and the ZACL
Enployees’ Union submitted their charter of demands
dated 04-02-1999 and futher states that in the
meanwhile they commenced negotiations on the
charter of demands of the ZACL Employees’ Union
and the negotiations were in advanced stage.
19. The Party II further submits that by a letter
dated 10th February, 1999, the Party I demanded that
the Party II establishment negotiate with the said
union on the charter of demands dated 20-01-1999.
The Party II by their letter dated 11-02-1999 informed
the Party I Union that as the ZACL Employees’ Union
has numerical majority, the negotiations on charter
of demands shall be only with the said Union. The
Party II submits that the Party I Union by their letter
dated 24-03-1999 demanded that the refusal of the
management to negotiate with them be treated as
an industrial dispute and their charter of demands
be referred to the Industrial Tribunal for adjudication.
20. The Party II states that the subject matter of
the charter of demands of the Party II Union was
admitted by the Dy. Labour Commissioner in
conciliation. The said charter of demands was
thereafter referred by the Government by its Order
dated 15-06-99 to this Tribunal for adjudication.
21. In the Rejoinder at Exhibit 5 the Party I denied
the case put forth by Party II in the Written Statement.
22. Based on the above mentioned pleadings my
Learned Predecessor has framed the Issues at Exhibit
6 and the same are as follows:
I S S U E S
1. Whether the Party I/Union proves that the
demands raised by them vide letter dated
20-01-1999 are legal and justified?
2. Whether the Party II proves that the reference
is liable to be rejected for the reasons stated in
para 1 of the Written Statement?
3. Whether the Workmen are entitled to any relief?
4. What Award?
23. Consequent upon amendment of the Claim
Statement, following issues were framed as
additional issues by my Learned Predecessor which
are at Exhibit 17.
Issue No. 1A:
Whether the Party I/Union proves
that the settlement dated 19th May,
2000 is not binding on the Party I/
/Union and its members?
Issue No. 2A:
Whether the Party II proves that this
Tribunal has no jurisdiction to decide
about the validity of the Settlement
dated 19-05-2000?
24. Consequent upon amendment of the Claim
Statement, following issues were framed as
additional issues by my Learned Predecessor which
are at Exhibit 51.
3. Whether the Party II proves that the Party I has
lost the status of a registered union w.e.f.
06-08-2004 and ceases to be a representative
union of the workers?
4. Whether the Party II proves that the dispute
does not survive?
25. In the course of the evidence, the Party I
examined its first witness Shri R. G. Furtado and has
placed on record the copy of Order dated 06-11-1995
marked at Exhibit UD-1, copy of Apex Court Order
dated 24-10-1996 at Exhibit UD-2, Copy of High Court
Order dated 20-10-1997 at Exhibit UD-3, Copy of
Award dated 01-07-1998 at Exhibit UD-4, Copy of
Award dated 19-11-1997 at Exhibit-UD-5, A copy of
the Minutes of the meeting held before the Labour
Commissioner on 12-05-2000 at Exhibit UD-6, copy of
letter dated 06-07-2000 at Exhibit UD-7, copy of
Minutes of meeting between ZACLEU and Zuari
Industries Ltd., dated 13-08-1999 at Exhibit UD-8,
copy of minutes of meeting between ZACLEU and
Zuari Ind. Ltd., dated 13-08-1999 at Exhibit UD-9, copy
2244
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
of minutes of meeting between ZACLEU and Zuari
Ind. Ltd., dated 19-08-1999 at Exhibit UD-10, copy of
minutes of meeting between ZACLEU and Zuari Ind.
Ltd., dated 10-09-1999 at Exhibit UD-11, copy of
minutes of meeting between Dy. Labour
Commissioner, ZACLEU and ZACLWU and Zuari Ind.
Ltd., dated 08-05-2000 at Exhibit UD-12, copy of Order
dated 06-11-1995 in MCA/406/95 in Writ Petition
No. 427/94 at Exhibit 56, copy of Order dated
24-10-1996 of Supreme Court in SLP of 143889/96 at
Exhibit 57, copy of Order dated 20-10-1997 in Writ
Petition No. 330/97 at Exhibit 58, copy of Order dated
15-07-1998 of Joint Secretary, Labour along with
Award dated 01-07-1998 in IT 81/97 at Exhibit 59 Colly,
copy of Order dated 21-11-1997 along with Award
dated 19-11-1997 in IT/16/1997 at Exhibit 60, copy of
letter dated 14-07-2000 addressed to C.V.P.H.R-ZIL at
Exhibit 61, copy of minutes of meetings held before
the Dy. Labour Commissioner on 13-08-1999,
13-08-1999, 19-08-1999, 10-09-1999 and 08-05-1999 at
Exhibit 62 Colly, copy of letter dated 05-05-2000 at
Exhibit 63, copy of letter dated 05-05-2000 addressed
by the Union to the Dy. Labour Commissioner at
Exhibit 64, copy of minutes of the meeting convened
by the Labour Commissioner on 08-05-2000 at Exhibit
65, copy of letter dated 10-05-2000 addressed by the
Party II to the Dy. Labour Commissioner at Exhibit 66,
copy of letter dated 10-05-2000 addressed by the
Union to the Dy. Labour Commissioner at Exhibit 67,
copy of the letter dated 26-05-2000 addressed by the
Party II to the President of the Union at Exhibit 68,
copy of Memorandum of Settlement dated 19-05-2000
at Exhibit 69, copy of letter dated 16-07-2000 by the
General Secretary of the Union to the Corporate Vice
President of Party II Company at Exhibit 70, copy of
Note dated 18-05-2000 signed by Commissioner and
Labour Commissioner at Exhibit 71, copy of Order
dated 11-01-2000 in Writ Petition 218/2001 at Exhibit
72, copy of letter dated 28-02-19997 addressed to
Party II by the Labour Commissioner at Exhibit 73,
copy of Notice dated 05-08-1999 along with the
annexure addressed by the Employees Union to the
Executive President at Exhibit 74 Colly, copy of letter
dated 09-08-1999 addressed by the Party II to the
Union at Exhibit 75, copy of letter dated 12-08-1999
addressed to the Union by the Labour Commissioner
at Exhibit 76, copy of minutes of meeting dated
06-04-1999, 20-04-1999 and 30-04-1999 held in the
Office of the Dy. Labour Commissioner at Exhibit 78
Colly, copy of letter dated 09-09-1999 addressed by
the Labour Commissioner to the Dy. General Manager
of the Party I at Exhibit 79, copy of letter dated
21-09-1999 at Exhibit 80, copy of letter dated
19-11-1999 at Exhibit 81, copy of letter dated
12-01-2001 along with minutes both dated
13-08-1999 (2 Nos.), 19-08-999 and 08-05-2000 at
Exhibit 82 Colly, copy of letter dated 20-01-1999
addressed by the Union to the Vice President
Technical of Zuari Industries along with Charter of
Demand at Exhibit 83 Colly, copy of letter dated
10-02-1999 addressed by the Union to the Vice
President Technical of Zauri Industries at Exhibit 84,
copy of letter dated 11-02-1999 addressed to the Union
by the Dy. General Manager of the Company at Exhibit
85, copy of letter dated 12-02-1999 addressed to the
Union by the Dy. General Manager of the Company
at Exhibit 86, copy of letter dated 24-03-1999
addressed to the Union by the Dy. Labour
Commissioner, Margao at Exhibit 87, copy of letter
dated 20-04-1999 addressed by the Company to the
Dy. Labour Commissioner, Margao at Exhibit 88, copy
of Failure Report dated 25-05-1999 submitted by the
Dy. Labour Commissioner to the Secretary, Labour
along with the minutes dated 06-04-1999, 20-04-1999
and 30-04-1999 at Exhibit 89 Colly, copy of Charter of
demand of ZACL Workers’ Union dated 30-09-1983 at
Exhibit 92, copy of Settlement with ZACL Workers’
Union dated 16-06-1984 at Exhibit 93, copy of Charter
of Demand of ZACL Workers’ Union dated 30-12-1986
at Exhibit 94, copy of Settlement with ZACL Workers’
Union dated 30-12-1986 at Exhibit 95, copy of Charter
of demand of ZACL Workers’ Union dated 21-12-1989
at Exhibit 96, copy of settlement with ZACL Workers’
Union dated 12-02-1991 at Exhibit 97, copy of Charter
of Demand of ZACL Workers’ Union dated 21-12-1992
at Exhibit 98, copy of Settlement with ZACL Workers’
Union dated 22-06-1994 at Exhibit 99, copy of Charter
of demand of ZACL Workers’ Union dated 04-02-1994
at Exhibit 100, copy of Charter of Demand of ZACL
Workers’ Union dated 04-12-1995 at Exhibit 101, copy
of Settlement with ZACL Workers’ Union dated
05-11-1997 at Exhibit 102, copy of Settlement with
ZACL Workers’ Union dated 20-01-1999 at Exhibit 103,
copy of Settlement with ZACL Workers’ Union dated
19-05-2000 at Exhibit 104, copy of Charter of demand
of ZACL Workers’ Union dated 17-01-2002 at Exhibit
105, copy of Charter of demand of ZACL Workers’
Union dated 10-01-2005, at Exhibit 106.
26. During cross examination of this witness, the
documents produced are a copy of Bye-Laws of the
ZACL Workers’ Union (Goa), copy of Notice dated
22-02-2014 received from the Registrar of Trade Union,
copy of letter dated 05-05-2017 enclosing the Returns
for the year ending 31-12-2016 along with letter dated
01-03-2017 and a copy of the Award in IT/62/1999
dated 01-09-2015 at Exhibit 104 Colly, copy of the
Order dated 09-12-2004 of the Hon’ble High Court of
Bombay at Exhibit 105.
27. Party II examined its witness Shri Pandurang
Jadhav and has placed on record the copies of
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2245
letter of authority issued by Zuari Global Limited
and Zuari Agro Chemicals Limited at Exhibit 108
Colly.
28. Heard arguments. Learned Representative
Shri R. G. Furtado argued on behalf of Party I and
Learned Advocate Shri G. K. Sardessai argued on
behalf of the Party II. Both the Parties have placed on
record written submissions.
29. I have gone through the records of the case
and have 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 & 5
…
Negative.
Issue No.1B, 2& 2A …
Affirmative.
Issue No. 3 & 4
…
Affirmative.
Issue No. 1A
…
Negative.
REASONS
Issue No. 1, 1B and 5:
30. Issue No. 1, 1B and 5 are discussed together for
the sake of convenience and also as they are inter-
related. The Party I is a Union and till the year 1981
there was only one Trade Union operating for the
2nd Party Company but from the year 1981, two Trade
Unions representing the workers of the 2nd Party
Company being the Zuari Agro Chemical Limited
Employees and the Zuari Agro Chemicals Limited
Workers was formed which is the 1st Party Union.
The 1st Party Union is herein referred to as the said
Union. It is also an admitted fact that the 1st Party
Union submitted their Charter of Demands on
28-01-1999 and the other Union submitted their
demand on 04-02-1999. It is the allegation and the
grievance of the Party I Union that the 2nd Party
continued to negotiate with the other Union and
refused to negotiate with their Union i.e. with the
said Union. The 2nd Party excluded the said Union
from any discussions and negotiations on their
Charter of Demand dated 28-01-1999. This being the
position, the said Union were forced to approach the
Dy. Labour Commissioner but inspite of that the Party
II failed to negotiate with their Union and the
Failure Report was submitted by the Dy. Labour
Commissioner on 30-04-1999 and thereafter the
Appropriate Government referred the Charter of
Demands raised by the said Union to this Tribunal
being a reference.
31. According to the Party I the demands raised
by them are legal and justified and as such they are
entitled to the reliefs as prayed but to this, it is the
contention of the Party II that their workmen had
organized for the first time a Trade Union called as
ZACL Employees Union which was formed in
pursuance of the settlement and they had raised a
Charter of Demands vide their letter dated 22-01-1996
and they had also raised their Charter of Demands
vide their letter dated 14-12-1995 and in the
meanwhile the Party II received a letter dated
28-02-1997 from the Government in response of letter
to them seeking clarification that the Party II may
initiate negotiations on the Charter of Demands of
their Union i.e. ZACL Employees Union who had a
majority or a more numerical strength and as such
the Party II Union arrived at a settlement dated
05-11-1997 u/s 2(p) of the Industrial Disputes with
the Party II’s Employees Union. The Party II has
produced all these documents in support of their case
which are at various exhibits. By the settlement dated
05-11-1997 which was in respect of the Charter of
Demands of the said Union was pursuant to the
Charter which raised demands in respect of all the
employees employed in the establishment of the
Company irrespective of the nature of the work and
the status of the employment. A careful perusal on
Clause 31.1 of this settlement dated 05-11-1997 which
is at Exhibit 102, it is amply clear that this settlement
was applicable to all the permanent workmen of the
Company at their establishment at Goa Offices, Delhi,
Bombay and other regional offices. It is also seen that
all the members of ZACL Employees Union and the
Party I Union accepted the settlement after giving
individual undertakings and received all the benefits
under the Settlement. This settlement was also
upheld by this Tribunal which made an Award in
terms of the said settlement.
32. Admittedly, the Union of the Party II is having
a large numerical strength and as such the Company
made all the negotiations in respect of terms and
conditions of service in respect of all the employees
which was as per the practice followed in the
settlement. The membership of the Party I was only
85 whereas the strength of ZACL Employees Union
was 501. The Union of the Party II submitted their
Charter of Demand on 04-02-1999 and the Party I Union
submitted their Charter of Demand on 20-01-1999.
33. The first witness of the Party I Shri Roque G.
Furtado has mentioned in his Affidavit in Evidence
the detailed facts of their case and has produced
various documents from Exhibit 56 to 62 Colly and
then from Exh. 63 to Exh. 82 Colly and then from 83
Colly upto Exhibit 106. I have perused all these
documents in deciding the present case and in his
cross-examination it is seen that he has admitted “I
say that presently three members of our Union are
employed in the Company and as of date the Union
has no members.” This itself goes to show that the
2246
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
membership of the Party I Union is almost Nil and
negligible and as such their Union cannot be termed
or known to be a registered Union. He has further
admitted in cross that they have not filed the Returns
from 1995 to 2015. He has also admitted that by letter
dated 30-12-1986 which is at Exhibit 94, the workers’
Union had submitted a Charter of Demands on behalf
of all the employees of the Company employed in the
Factory and other places in Goa and to all the regional
Sales Offices. He has also admitted that by the
Charter of Demands dated 30-09-1983 which is a
Charter of Demand raised by the ZACL Workers’
Union/Exh. 92, the demands were raised covering
the Factories at all the places and to all the regional
Sales Offices at Goa and to at other places where the
regional sales offices are situated. He has also
admitted that their Union stands de-registered vide
Order dated 06-08-2004 and the said Order is
challenged Order which is pending. He does not
recollect whether there was any resolution being
taken authorizing their Union to raise the present
dispute and on this count also the present reference
fails. He admits that he does not recollect the exact
number of the workers of the said Union in the year
1991 and he has not produced any documents in
support of this.
34. Further, he has admitted in cross that the
Charter of Demands dated 30-12-1986 at Exh. 94 was
raised on behalf of all the employees including the
Factory employees. According to him, Exh. 97 which
is a settlement with ZACL Workers’ Union dated
12-02-1991 was raised on behalf of all the employees
including the Factory employees. He has admitted
further that they arrived at a settlement with respect
to all the allowanced and benefits mentioned in the
settlement at Exh. 99 which was signed on behalf of
all the employees of their Union. He also admits that
they arrived at a settlement with respect to all the
employees represented by their union irrespective
of the fact whether they were employed in the Factory
or not. The Charter of Demand at Exh. 101 was on
behalf of all the workmen represented by their Union.
35. Shri Furtado has admitted that no elections
were held after 1999 however, he was appointed as a
General Secretary by consensus till date and has
further stated that the Bye-laws do not provide
election by consensus. It is quite surprising that in
his cross-examination he states that their Union has
Bye-laws which provide for election of executive
Committee and office bearers after a particular
period but he could not produce any documents to
this effect and on the contrary further stated that he
will have to check the period which provides for
election of the executive Committee and Office
bearers. This also goes to show that he had no
authority to depose on behalf of the union nor the
Union had authorized him to depose on their behalf.
There is no resolution of the Union either passed or
produced by him to show his due authorization from
the union to raise the Charter of Demand on behalf of
the said Union. He admits in cross that he does not
recollect whether any resolution was taken
authorizing the Union to raise the present dispute
and according to him there was a meeting of the
members prior to raising of the dispute which is also
without the support of any documents. There is also
an admission from him that there is no resolution of
the Union authorizing him to depose and moreover,
where no such copy of resolution has been passed,
his entire deposition needs to be taken with a pinch
of salt.
36. At this juncture, Learned Advocate Shri G. K.
Sardessai places reliance on the authority reported
in the case of Deepak Industries Ltd., V/s State of
West Bengal 1975(1) LLJ 293 it is observed as under
“…if a group of workmen raise a dispute that can also
constitute an industrial dispute within the meaning
of the Act, which may be referred to the Tribunal in
due course. But when the dispute is sponsored or
espoused by a Union, it seems to have been uniformly
held by the judicial decisions that when the authority
of the Union is challenged by the Employer, it must be
proved that the Union has been duly authorized either
by a resolution by the Members or otherwise that it
has the authority to represent the workmen whose
cause it is espousing”.
37. The Union having disputed the validity
of clauses 1.1.3 and 2.1 of the settlement dated
19-05-2000 at Exh. 69 and 104 arrived between the
Management and the ZACL Employees Union, and
have been receiving the benefits of the said
settlement are now estopped from disputing the
validity/terms of the said settlement. The settlement
has to be accepted in totality or rejected in totality.
The terms of the reference are confined to the legality
and justifiability of the Charter of Demands dated
20-01-1999. The burden of proving the Charter of
Demands is on the Party I Union. The Party No. 1 Union
has not led evidence in support of the Charter of
Demands and has thus failed to discharge the burden
placed on the Union and thus the reference deserves
to be rejected.
38. The Representative of the Party I Union on the
contrary has stated in his cross-examination that the
Union is now ready to accept all the monetary terms
of the settlement dated 19-05-2000 as they are
receiving the benefits of the settlement and further
added that Party I now only wants the Tribunal to
adjudicate the additional issues. The benefits of the
settlement dated 19-05-2000 was extended to all the
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2247
workmen including the Party I union and had
received the benefits of the same. The Party I Union
however had challenged the clause 1.1.3 and 2.1 of
the said settlement on the ground that it is against
public policy and had failed to establish as to how
the said clauses of the settlement are against the
public policy. The law does not accept partial
acceptance or acceptance with conditions. The
Clauses 1.1.3 and 2.1 contained in the settlement
dated 19-05-2000 cannot be separated from the reset
of the settlement as they are one composite whole.
39. Shri Furtado admits in cross that at the time
when they raised their Charter of Demands dated
20-01-1999, their Union had not terminated the
settlement dated 05-11-1997 by a written notice but
he interprets in his own way by stating that “I say
that the filing of Charter of Demand amounts to the
termination of earlier settlement”. This statement of
Shri Furtado is highly objectionable and not
sustainable in law as the law requires that the
settlement dated 05-11-1997 ought to have been
terminated first by giving a written notice which is
admittedly not done by the Party I Union and further
he has admitted that the Award dated 01-07-1998
was not terminated by them by giving a written
notice because again it is his contention that filing
of Charter thereafter amounts to termination of the
earlier Award. He has admitted further in cross that
“in the establishment of Party II there is a Union
known as ZACL Employees Union. It is true that a
settlement was arrived at under Section 2(p) between
Party II and ZACL Employees Union. During the same
period Party I Union had submitted a Charter of
Demands dated 14-12-1995 and the same was referred
to the Tribunal registered as IT/81/97. It is true that
in the above reference Tribunal passes an Award
dated 01-07-98 in terms of settlement dated
05-11-97. Subsequent there to we submitted a
Charter of Demands registered as reference No.
IT/62/99. The said Charter was dated 20-01-1999. The
present reference arises out of charter dated
17-01-02. During this period and on 19-05-2000 a
settlement was arrived at between Zuari Industries
Ltd. and ZACL Employees Union under Section 12(3)
of the Industrial Disputes Act.
40. Hence, from the above deposition of the
Party I’s witness vis-à-vis his documents it is amply
clear that the demands raised by them vide letter
dated 20-01-1999 is not legal and justified and
therefore the workmen of Party I Union are not
entitled for any reliefs and accordingly issue No. 1
and 5 are answered in the negative and additional
issue No.1B stands answered in the affirmative as
the present reference is not maintainable in view of
the same abovementioned reasons and also being a
minority.
Additional Issue No. 1A
41. The additional issue No.1A needs to be
answered in the negative as the Party I has not
terminated the settlement dated 05-11-1997 and the
Award dated 01-11-1998 in terms of the settlement
dated 05-11-1997 which is evident and clear from the
evidence of the Party I’s own witness. The settlement
dated 05-11-1997 with ZACL Workers’ Union is at Exh.
102. Mr. R. G. Furtado has admitted in cross that the
Charter of Demand at Exhibit 101 was on behalf of all
the workmen represented by their union and the
settlement at Exh.102 dated 05-11-1997 was not
signed by their Union and according to him it is a
settlement between the Party II Company and the
workmen represented by ZACL Employees Union. He
has admitted that this settlement was accepted by
all the employees representing his Union including
himself and at the time when they accepted the
settlement at Exh. 102/settlement dated 05-11-1997,
their Charter of Demand at Exh.101 was pending
before this Tribunal. Their Union submitted the
Charter of Demand dated 20-01-1999 at Exh. 103 and
according to him the Management did not discuss
with their Union on this charter.
42. From the documents on record it is seen that
the Party I Union upon expiry of the settlement dated
22-06-1994 at Exh. 99 submitted a Charter of Demand
dated 14-12-1995 which is at Exh.101 for the period
from 01-01-1996 to 31-12-1998. The ZACL Employees
Union on the expiry of the settlement dated
22-06-1994 also had submitted a Charter of Demand
dated 22-01-1996 and it is an admitted fact that the
Appropriate Government vide its Order dated
09-12-1997 referred to this Tribunal the said Charter
of Demand for adjudication which was the reference
bearing No. IT/81/97. It has also come on record that
prior to this reference the Party II Company and its
Employees’ Union arrived at a settlement dated
05-11-1997/Exh.102, covering the period from
01-01-1996 to 31-12-1998 u/s 2(p) r/w 18(1) of the
Industrial Disputes Act, 1947. This settlement was
accepted by all the workmen except the workmen of
the Party I Union. The Party I Union agreed before
this Tribunal for passing an Award in terms of the
settlement dated 05-11-1997 in reference IT/81/97.
This Tribunal passed an Award dated 01-07-1998 in
terms of the settlement dated 05-11-1997 entered into
by the Party II with their Employees’ Union in view of
Section 19(3) of the Industrial Disputes Act before
submitting the Charter of Demand dated 20-01-1999.
43. As the Union of the party I was in minority the
Party II Company did not negotiate with the minority
Party I Union but the Management of the Party II
negotiated and signed the settlement with the
majority Union ZACL Employees’ Union on
2248
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
19-05-2000 which was duly signed u/s 12(3) r/w 18(3)
of the Industrial Disputes Act. The benefits of this
settlement has been received by all the workmen of
the Party II including the Party I Union which has
been admitted by the 1st witness of the Party I.
Admittedly, there is nothing on record to show that
the Party I has produced any notice made by them to
the Party II expressing their intention to terminate
the Award dated 01-07-1998. In fact, a perusal on
Section 19(6) of the Industrial Disputes Act makes it
very clear that notwithstanding the expiry of the
period of operation under sub-section (3), the Award
shall continue to be binding on the Parties until a
period of two months has elapsed from the date on
which notice is given by any Party bound by the
Award to the other Party or Parties intimating its
intention to terminate the Award.
44. In the case at hand, the Party I has not complied
with the above mandatory provision which is in fact
a condition precedent for raising a fresh Charter of
Demand which is clear from the provisions of Section
96 of the Industrial Disputes Act. The Party I Union
has not given two months’ notice in writing and as
the Award has not been terminated by the Union
before raising the Charter of Demand dated
20-01-1999 which has led to the present dispute, it is
abundantly clear that the said Award dated
01-07-1998 is in operation on the date of the Charter
of Demand which was submitted by the Party I Union
and also on the date the present reference dated
15-06-1999 was made by the Government and under
such circumstances an industrial dispute cannot
exist and the same is not permissible in law. Hence,
the present reference on the Charter of Demand made
by the Party I Union dated 15-06-1999 is therefore
null and void being not maintainable in law.
45. It is also noticed that the notice of termination
of settlement or Award under the provisions of
Section 19(1) of the Industrial Disputes Act is
mandatory. Section 19(3) of the Industrial Disputes
Act states that “an Award shall subject to the
provisions of this Section remain in operation for a
period of one year from the date on which the Award
becomes enforceable u/s 17(a) of the Industrial
Disputes Act and it is also a settled law that there
cannot be a waiver provision on the requirement of a
written notice of the termination of settlement or
Award. There cannot be any waiver by any act or
conduct of the Parties and the notice of termination
of settlement or Award under the provisions of
Section 19(1) of the Industrial Disputes Act is
mandatory.
46.
Moreover, the benefits of the settlement
dated 19-05-2000 which was arrived at between the
Party II Company and its Employees’ Union on the
Charter of Demands of the Union dated 04-02-1999
u/s 12(3) of the Industrial Disputes Act and the
benefits of this settlement was extended to all the
workmen including all the workmen of the Party I
Union. When a settlement is arrived at during the
conciliation proceedings, it is binding on the
members of the Workers’ Union as laid down by
Section 18(3)(d) of the Act. It would ipso facto bind
all the existing workmen who are all Parties to the
industrial dispute and who may not be members of
Unions that are signatories to such settlement under
Section 12(3) of the Act. The Act is based on the
principle of collective bargaining for revolving
industrial disputes and for maintaining industrial
peace.
47. Learned Advocate Shri G. K. Sardessai has
placed reliance on the following authorities:
1. National Engineering Industries Ltd. V/s State
of Rajasthan and Others reported (2000) 1
Supreme Court Cases 371 wherein the Hon’ble
Apex Court has held that “a settlement arrived
at in the course of conciliation proceedings with
a recognized majority Union will be binding on
all workmen of the establishment, even those who
belong to the minority Union which had
objected to the same. When a settlement is
arrived at during the conciliation proceedings it
is binding on the members of the Workers’ Union
as laid down by Section 18(3)(d) of the Act. It
would ipso facto bind all the existing workmen
who are all Parties to the industrial dispute and
who may not be members of Unions that are
signatories to such settlement under Section
12(3) of the Act. The Act is based on the principle
of collective bargaining for resolving industrial
disputes and for maintaining industrial peace.”
2. Life Insurance Corporation V/s Chandrakant
Bose and Others V/s D. J. Bahadur and others
in AIR 1980 Supreme Court wherein the
Hon’ble Apex Court has given the guidelines
and has discussed the scope and effect of
termination of an Award and held that “an
Award has the effect of imposing fresh terms
upon the contract of employment between the
Employer and the employee to which they have
been assented. ‘The termination of such Award
does not terminate the contract. Even after the
Award is terminated’ in the manner provided
by Section 19(6) of the industrial Disputes Act,
the ‘obligation created by the Award could be
altered by a fresh contract’ or a fresh
adjudication under the Industrial Disputes Act,
‘and not otherwise’. The effect of termination of
the Award is only to prevent enforcement of
the obligations under the Award in the manner
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2249
prescribed, but the rights and obligations
which flow from the Award are not wiped out.
Termination of the Award or lapsing of the
Award has not the effect of wiping out the
liabilities flowing under the Award”.
48. Hence, in view of the above reasons, the
additional Issue No.1A is answered in the negative.
Additional Issue No. 3 and 4
49. The Party II Company has placed on record
Affidavit-in-Evidence of Shri Pandurang Jadhav who
was working as a Chief Manager with the Party II
and he has been duly authorized by the Company to
depose on their behalf and he has produced his
Authority Letter to that effect which is at Exh.108
Colly along with the copy of the Resolution passed
by the Board of Directors of Party II Company. His
cross-examination could not be shaken on any
grounds and he has precisely stated in his deposition
the exact case as put forth in the Written Statement
by the Party II and according to them the Party I has
lost the status of a registered Union w.e.f. 06-08-2004
and as such it the Party I ceases to be a representative
Union of the workers and therefore when the Party I
has not status of a registered Union, certainly they
cannot raise an industrial dispute and as such the
industrial dispute raised by them does not survive
and therefore the present reference is totally bad in
law and not maintainable.
50. That, according to the Party I, the Party II
entered into a settlement dated 19-05-2000 u/s 12(3)
of the Industrial Disputes Act for the settlement
period dated 01-01-1993 to 31-12-2009 with the Union
of the Party II i.e. ZACL Employees Union when the
present reference was pending before the Tribunal
for adjudication and their Union was never asked to
participate in the conciliation proceedings. It is
admitted by the Party I that their Union through its
witness made a statement that the Union is now
ready to accept all the monetary terms of the
settlement dated 19-05-2000 as their members were
receiving the benefits of the settlement and it was
only their objection that they want the Industrial
Tribunal to adjudicate the reference. It is also an
admitted position that the Tribunal passed an Award
dated 01-09-2015 in the reference bearing No. 62/99
stating that in view of the understanding dated
22-12-2014 entered into between the three workers,
the references against the three workmen were
disposed off in terms of the various understandings
arrived at between them and the Management. The
Memorandum of Understanding signed by the three
workmen by which the benefits were extended of
the said settlement signed between the Company
and their Union and all the three settlements bearing
Nos. IT/23/16, IT/24/16 and IT/25/16 were binding
on them.
51. It is also seen that the benefits of the settlement
dated 19-05-2000 had been accepted by the members
of the Party I Union and the Members of the Party I
Union accepted the benefits of the said settlement.
It is also admitted by the Party I Union that their Union
has no majority and the witness of the Party I has
admitted in cross that the present reference arises
out of the Charter dated 17-01-2022 and during this
period, and on 19-05-2000 a settlement was arrived
at between the Party II and their union u/s 12(3) of
the Industrial Disputes Act. He has also admitted
that they have not terminated the settlement dated
05-11-1997 by a written notice and they also did not
terminate the settlement by a written notice. The
Bye-Laws of the Party I Union are not produced by
the witness of the Party I and therefore one does not
know what are their rules and regulations. He has
admitted that their Union submitted the Charter of
Demands during the period of settlements dated
16-01-2003, 24-03-2006 and 30-11-2009 and also
admitted that the subject matter of the Charter of
Demands is pending for adjudication before this
Tribunal. There is also an admission from him that
their Union has not filed the returns from the year
1995 to 2015. He has also admitted their lesser
numerological strength of membership compared
to the Union of the Party II. He has also admitted that
three members of their Union are employed in the
Company therefore there are no details of the
membership and the numbers of the members of the
Party I Union.
52. He has also admitted in cross that their Union
stands
de-registered
vide
Order
dated
06-08-2004 and there is no authority letter or
resolution produced by him to depose on their behalf.
He also admitted that at the time of submitting of
Charter of Demands dated 20-01-1999, the bye-laws
of their Union permitted membership of all the
employees of the Party II irrespective of the nature of
their work. It is also admitted by the Party I’s witness
that before the submission of their Charter of
Demands, the Party I Union did not give any notice of
termination for the settlement dated 05-11-1997 or
for the Award dated 01-07-1998. It is proved on the
own admission of the Party I that the membership of
the Party Union is Nil and as such their union cannot
claimed to be or called as a registered Union. One
does not know as to in what capacity and in what
manner Shri R. G. Furtado was appointed as a General
Secretary when there were no elections nor any Bye-
laws of the Party I Union provide for election by
2250
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
consensus. Even otherwise, by an Order dated
12-04-2021 the Registrar of Trade Union has
de-registered the Party I Union and therefore an
industrial dispute cannot be raised on behalf of the
workmen in the absence of a resolution or
authorization by an individual workman. Shri R. G.
Furtado does not even recollect whether any
resolution was passed authorizing him to raise the
present industrial dispute by their Union. The Party
I Union by their letter dated 20-01-1999 submitted a
fresh Charter of Demands without terminating the
Award and moreover, the benefits of the settlement
has been duly received by all the workmen including
that of the Party I Union. The Party I has not produced
any notice made by them to the Party II expressing
their intention to terminate the Award dated
01-07-1998 before raising a fresh Charter of Demand
which is clear from Section 19(6) of the Industrial
Disputes Act. Therefore, it is abundantly clear from
the above reasoning that the Party II has succeeded
in proving that the Party I has lost the status of a
registered Union w.e.f. 06-08-2004 and as such it
ceases to be a representative Union and therefore
the Party I has no right to raise any industrial dispute
and hence, the present dispute raised by them does
not survive. Accordingly, additional Issue No. 3 and
4 are answered in the affirmative.
53. Hence, in view of the above reasons and guided
by the above authorities, it is abundantly clear that
Party I/Union has failed to establish and prove their
case and as such, they are not entitled to any relief.
Accordingly, I pass the following Order:
O R D E R
1. The demands raised by the Zuari Agro
Chemicals Limited Workers Union vide their
letter dated 20-01-1999 before the Management
of M/s Zuari Industries Limited, Zuarinagar-
Goa are not justified.
2. The Party I/Workmen are not entitled for any
relief.
3. No order as to cost.
4. Inform the Government accordingly.
Sd/-
(Bela N. Naik),
Presiding Officer, Industrial
Tribunal and Labour Court.
————
Notification
No. 28/02/2022-LAB/Part-II/449
The following Award passed by the Labour
Court-II at Panaji-Goa on 01-08-2022 in Case No.
LC-II/IT/09/2021 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, 25th August, 2022.
—–––––—
THE LABOUR COURT-II
GOVERNMENT OF GOA
AT PANAJI
(Before Shri Suresh N. Narulkar, Hon’ble
Presiding Officer)
Case No. LC-II/IT/09/2021
Shri Vishnu Sawant,
R/o. Parye, Sattari-Goa
… Workman/Party I.
V/s
M/s. Durafab Engineering,
Kundaim Industrial Estate,
Kundaim-Goa
… Employer/Party II.
Workman/Party-I represented by Adv. Pravin Gawas.
Employer/Party-II absent, marked an Ex-parte.
Panaji, Dated: 1-08-2022.
A W A R D
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 23-04-2021,
bearing No. 28/14/2021-LAB/207 referred the
following dispute for adjudication to this Labour
Court-II of Goa at Panaji, Goa.
“(1) Whether the action of the management of
M/s. Durafab Engineering D-3/9, Kundaim
Industrial Estate, Kundaim, Goa, in terminating
services of Shri Vishnu Sawant, Accountant,
with effect from 10-03-2020, is legal and
justified?
(3) If not, what relief the Workman is entitled to?”
2. On receipt of the reference, a case was
registered under No. LC-II/ IT/09/2021 and registered
A/D notice was issued to the Parties. In pursuance to
the said notice, the Workman/Party-I (for short
‘Workman’) put in his appearance. On the contrary,
the Employer though duly served did not appear
before this court on the scheduled date of hearings.
This Hon’ble Court, marked an ex-parte against the
Employer after giving ample opportunity to appear
before this court and conducted ex-parte
proceedings.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2251
3. The Workman filed his Statement of Claim on
17-10-2021 at Exb-7. The facts of the case in brief as
pleaded by the Workman are that he was appointed
as ‘Accountant’ by the Employer/Party II (for short,
“Employer”) on 10-12-2016. He stated that he was
not given any appointment letter. He stated that his
wages was fixed at Rs. 12,000/- per month at the time
of joining. He stated that his last drawn wage was
Rs. 16,000/- per month. He stated that he was
receiving monthly wages directly through bank
account maintained by him in Bank of Baroda,
Bicholim branch. He stated that he was regular in
his services from the date of his appointment till
illegal termination of his services. He stated that
though he was appointed as ‘Accountant’, he was
performing the duties of cashier, to visit banks to pay
electricity bills, water bills etc. and such other office
work equal to that of a peon. He stated that one key
of the factory was handed over to him to open the
factory early in the morning at 8.30 a.m. for the
workers and to mark their attendance.
4. He stated that suddenly the Employer stopped
paying wages to him from the month of October, 2019
to him as well as other labourers. He stated that since
the Employer failed to pay the wages of labourers for
two to three months, the labourers and staff made
complaint to the Labour Inspector, Ponda. He stated
that the Labour Inspector then filed claim on behalf
of the labourers in the office of Labour Commissioner
for unpaid wages by the Employer. He stated that
the Labour Commissioner, vide its order dated
27-07-2021, directed the Employer to pay the pending
wages to the labourers. He stated that he was also
not paid wages from October, 2019 till date by the
Employer. He stated that the total wages pending
till the month of August, 2021 is amounting to Rs.
3,68,000/- (Rupees Three lakhs sixty eight thousand
only).
5. He stated that he was attending the work
regularly and continuously. However, on 09-03-2020
the Employer took the keys of the office from him. He
stated that when he reported for work on the next
day, he found that the office/factory was locked. He
stated that he contacted the Employer, Mr. Mahesh
R. Kamat to enquire about the closure of the factory
premises. He stated that it is at that time the
Employer, Mr. Mahesh Kamat informed him that the
factory will remain closed for a week and directed
him to report for duty in the next week. He stated
that after one week, when he reported for his duties
on about 16-03-2020, he found that the factory was
closed. He stated that he therefore again contacted
the Employer, Mr. Mahesh R. Kamat enquiring about
the closure of the factory premises, however, Mr.
Mahesh Kamat again informed him to report for duty
in the following next week. He stated that whenever
he was reporting for duty, the Employer was
instructing him to come for duty in next week. He
stated that the Employer kept the factory premises
closed as much as his wages was also not paid by the
Employer till date. He stated that the Employer
assured him that he will soon re-open the
establishment and would give a call to him. He stated
that however till date, the establishment is closed
and neither he received any call for joining back to
the establishment nor received the pending wages.
He stated that the Employer has locked the factory
since 09-03-2020 and he has been kept unemployed
without any work or wages since then. He submitted
that the Employer has purposely, intentionally and
strategically adopted the practice of keeping the
workplace closed so that he will not be able to attend
the work and thereby terminate his services without
following due process of law. He stated that he has
been victimized to the illegal termination of
employment by the Employer and made to suffer
mentally, physically as well as financially. He stated
that the Employer has adopted malafide labour
practice to terminate his employment. He stated that
due to forceful unemployment on the part of the
Employer, he has to face the financial difficulties to
maintain himself and his family as he is the only bread
earner in the family. He stated that the forceful
unemployment on the part of the Employer had
affected his livelihood and had made him suffer loss
of income and has created financial difficulties,
which has put him under tremendous pressure,
agony and harassment. He submitted that due to
illegal, arbitrary and malicious act of the Employer,
he is unable to get another job and forced to remain
unemployed till date. He stated that he apprehends
the foul play on the part of the Employer and
therefore, filed a complaint dated 29-07-2020 before
the Labour Commissioner, Panaji-Goa which ended
in failure. The Workman therefore prayed that the
Employer be directed to pay him his pending earned
wages of Rs. 3,68,000/- (Rupees Three lakhs sixty
eight thousand only) from October, 2019 to August,
2021 along with interest @18% per annum from the
due date of wages till the date of actual payment. He
also prayed that the Employer be directed to pay his
gratuity for being in continuous service which is
calculated at Rs. 46154/- and a sum of Rs. 10,00,000/-
(Rupees Ten lakhs only) towards compensation. In
the alternative, the Workman prayed that the
Employer be directed to reinstate him with full back
wages.
2252
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
6. This court framed the following issues on
28-02-2022 at Exb. 8.
1. Whether the Workman/Party-I proves that
action of the Employer in terminating his
services w.e.f. 10-03-2020 is illegal and
unjustified?
2. Whether the Workman/Party-I is entitled to
any relief?
3. What Order? What Award?
7. My answers to the aforesaid issues are under:
(a) Issue No. 1 :
In the affirmative.
(b) Issue No. 2 and 3 :
As per final order.
I have heard the oral arguments of Ld. Adv. Shri P.
Gawas, appearing for the Workman. On the contrary,
none remained present for the Employer. I have
carefully perused the entire records of the present
case. I have also carefully considered the submissions
advanced before me.
REASONS
Issue No. 1:
8. It is the workman who has raised the present
dispute pertaining to non-employment by the
Employer. The burden to prove the issue No. 1 is upon
him.
To prove the issue No. 1, the Workman examined
himself and produced on record certain documents
in support of his oral evidence. The said oral as well
as documentary evidence adduced by the Workman
remained unchallenged for want of denial.
9. The evidence on record indicates that the
Workman was employed by the Employer on
10-12-2016 as an ‘Accountant’. The evidence on
record indicates that the Workman was regular and
continuous in his service from the date of his
appointment till his illegal termination of services
w.e.f. 10-03-2020. The evidence on record indicates
that the services of the Workman has been terminated
without complying with Section 25-F of the I.D. Act,
1947 nor on proved misconduct. In the circumstances,
the termination of the services of the Workman w.e.f.
10-03-2020 is illegal and unjustified. It is therefore
held that the Workman proved that the action of the
management of the Employer in terminating his
services w.e.f. 10-03-2020 is illegal and unjustified.
The issue No.1 is therefore answered in the
affirmative.
Issue No. 2:
10.
While deciding the issue No. 1, hereinabove,
I have discussed and come to the conclusion that
the action of the management of the Employer in
terminating his services w.e.f. 10-03-2020 is illegal
and unjustified. There is nothing on record to show
that the factory of the Employer has been
permanently closed as per term ‘closure’ of the I.D.
Act, 1947. The evidence on record indicates that the
Workman is unemployed from the date of termination
of his services till date. The Workman is therefore
entitled for reinstatement in service alongwith 50%
of back wages and consequential benefits thereof.
11. The Workman has also prayed for directing the
Employer to pay his earned wages of Rs. 3,68,000/-
(Rupees Three lakhs sixty eight thousand only) from
October, 2019 to August, 2021 along with interest
@ 18% per annum from the due date of wages till the
date of actual payment. However, the evidence on
record indicates that the Office of Commissioner,
Labour and Employment, Panaji-Goa, vide its order
dated 27-07-2021 has already ordered for payment of
wages of the Workman alongwith other workers and
as such there is no point in issuing separate
directions. The Workman has also prayed for his
gratuity for an amount of Rs. 46,154/- (Rupees Forty
six thousand one hundred fifty four only) however,
this court has no jurisdiction to decide the gratuity.
Finally, the workman also prayed for compensation
of Rs. 10,00,000/- (Rupees Ten lakhs only) towards the
mental agony and harassment etc., which is out of
merits of this court.
In view of above, I pass the following order:
O R D E R
1. It is held that the action of the management of
M/s. Durafab Engineering D-3/9, Kundaim Industrial
Estate, Kundaim, Goa, in terminating services of
Shri Vishnu Sawant, Accountant, with effect from
10-03-2020, is illegal and unjustified.
2.The Employer, M/s. Durafab Engineering
D-3/9, Kundaim Industrial Estate, Kundaim, Goa, is
hereby directed to reinstate the Workman, Shri.
Vishnu Sawant, Accountant with 50% back wages,
continuity in service and consequential benefits
thereof.
3. No order as to costs.
Inform the Government accordingly.
Sd/-
(Suresh N. Narulkar),
Presiding Officer,
Labour Court-II.
———uuu———
Department of Law & Judiciary
Law (Establishment) Division
__
Order
No. 1/7/2014-LD (Estt)/1431
Government of Goa is pleased to accept the
resignation tendered by Adv. Priyanka Kamat alias
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2253
Priyanka R. Shetiya, as Additional Government
Advocate before the Hon’ble High Court of Bombay
at Goa, Porvorim, Goa with effect from 15-07-2022.
Adv. Priyanka Kamat alias Priyanka R. Shetiya
shall return all the briefs pending with her if any,
to the Office of Ld. Advocate General, Porvorim,
Goa under intimation to this Department.
By order and in the name of the Governor
of Goa.
Avelina D’sa e Pereira, Under Secretary (Law-
-Estt.)/(Link).
Porvorim, 22nd September, 2022.
Department of Mines & Geology
Directorate of Mines & Geology
–––
Notification
No. 03/75/2022/Major/Mines/1647
In exercise of the powers conferred by sub-rule (1)
of Rule 9-A of the Minerals (Other than Atomic and
Hydro Carbons Energy Minerals) Concession Rules,
2016, the Government of Goa hereby appoints the
Secretary (Mines) to the Government of Goa, as the
Nodal Officer for the purposes of Rule 9A of the said
Rules.
By order and in the name of the Governor of
Goa.
Dr. Suresh Shanbhogue, Director & ex officio
Joint Secretary (Mines).
Panaji, 26th September, 2022.
———uuu———
Department of Personnel
–––
Order
No. 15/2/2020-PER/3130
On the recommendations of Goa Services Board, the Governor of Goa is pleased to transfer the following
officers in the cadre of Mamlatdar/Joint Mamlatdar/Vigilance Officer, in public interest, with immediate
effect:
Sr.
Name
Present posting
Posted as
No
1
2
3
4
1. Shri Rajesh Sakhalkar
Mamlatdar, Sanguem
Jt. Mamlatdar-I, Ponda.
2. Smt. Janavi Kalekar
Jt. Mamlatdar-IV, Salcete
Jt. Mamlatdar-II, Ponda, with
addl. charge Jt. Mamlatdar-III,
Ponda.
3. Shri Pravinjay Pandit
Mamlatdar, Dharbandora
Mamlatdar, Sanguem.
with additional charge
Jt. Mamlatdar-I, Dharbandora
4. Smt. Seema S. S. Gudekar
Jt. Mamlatdar-VII, Salcete
Jt. Mamlatdar-I, Sanguem with
addl. charge of Jt. Mamlatdar-II,
Sanguem.
5. Shri Laxmikant B. Kuttikar
Mamlatdar, Bicholim
Mamlatdar, Dharbandora with
addl. charge of Jt. Mamlatdar-I,
Dharbandora.
6. Shri Rajaram Parab
Jt. Mamlatdar-III, Bardez
Mamlatdar, Bicholim.
7. Smt. Akshaya Amonkar
Jt. Mamlatdar-I, Pernem
Jt. Mamlatdar-I, Bicholim.
with additional charge
Jt. Mamlatdar-II, Pernem
8. Shri Krishna Gauns
Jt. Mamlatdar-I, Bardez with
Jt. Mamlatdar-I, Salcete.
addl. charge Mamlatdar, Bardez
9. Smt. Ana Rita Maria Paes
Jt. Mamlatdar-I, Sanguem with
Jt. Mamlatdar-II, Salcete.
addl. charge Jt. Mamlatdar-II,
Sanguem
2254
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
1
2
3
4
10. Smt. Shama Narvekar alias
Jt. Mamlatdar-I, Tiswadi with
Jt. Mamlatdar-III, Salcete.
Shama J. Arondekar
addl. charge Jt. Mamlatdar-V,
Tiswadi
11. Smt. Varsha Parab
Jt. Mamlatdar-IV, Bardez
Jt. Mamlatdar-IV, Salcete with
addl. charge Jt. Mamlatdar-V,
Salcete.
12. Smt. Deona Elsa Pereira
Jt. Mamlatdar-I, Ponda
Jt. Mamlatdar-VI, Salcete with
addl. charge Jt. Mamlatdar-
VII, Salcete.
13. Shri Nathan Leonard
Jt. Mamlatdar-III, Ponda
Jt. Mamlatdar-I, Quepem with
Afonso
addl. charge of Jt. Mamlatdar-II,
Quepem.
14. Shri Ranjit Salgaonkar
Jt. Mamlatdar-I, Mormugao
Mamlatdar, Mormugao.
15. Shri Rosario Carvalho
Jt. Mamlatdar-I, Salcete
Jt. Mamlatdar-I, Mormugao.
16. Shri Rahul Dessai
Awaiting posting
Jt. Mamlatdar-II, Mormugao
with addl.
charge
of
Jt.
Mamlatdar-III, Mormugao.
17. Shri Kaushik B. Dessai
Mamlatdar, Sattari
Mamlatdar, Tiswadi.
18. Shri Shailendra Dessai
Jt. Mamlatdar-V, Bardez
Jt. Mamlatdar-I, Tiswadi.
19. Smt. Sanjivani J. Satardekar
Jt. Mamlatdar-III, Tiswadi
Jt. Mamlatdar-II, Tiswadi, with
addl. charge of Jt. Mamlatdar
III, Tiswadi.
20. Shri Gaurav Gaounkar
Jt. Mamlatdar-VI, Salcete
Jt. Mamlatdar-IV, Tiswadi with
addl. charge of Jt. Mamlatdar-V,
Tiswadi.
21. Shri Pravind Gawas
Jt. Mamlatdar-II, Salcete
Jt. Mamlatdar-I, Bardez.
22. Shri Bhiku Gawas
Jt. Mamlatdar-II, Ponda
Jt. Mamlatdar-II, Bardez.
23. Shri Dhiren Banavaliker
Jt. Mamlatdar-III, Salcete
Jt. Mamlatdar-III, Bardez with
addl. charge of Jt. Mamlatdar-IV,
Bardez.
24. Smt. Priya S. Samant alias
Jt. Mamlatdar-II, Tiswadi
Jt. Mamlatdar-V, Bardez.
Smt. Priya V. Kamat
25. Shri Saiesh Naik
Jt. Mamlatdar-I, Sattari
Jt. Mamlatdar-VI, Bardez.
26. Shri Anil Rane Sardessai
Jt. Mamlatdar-II, Bardez
Jt. Mamlatdar-I, Pernem, with
addl. charge of Jt. Mamlatdar II,
Pernem.
27. Shri Dasharath Gawas
Mamlatdar, Tiswadi
Mamlatdar, Sattari, with addl.
charge of Mamlatdar, Bardez.
28. Smt. Apurva Karpe
Jt. Mamlatdar-I, Bicholim
Jt. Mamlatdar-I, Sattari.
The officers shall complete handing over and taking over process with immediate effect and submit
compliance.
By order and in the name of the Governor of Goa.
Eshant V. Sawant, Under Secretary (Personnel-I).
Porvorim, 15th September, 2022.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2255
Order
No. 6/9/2022-PER/3182
On the recommendation of the Goa Services Board, the Governor of Goa is pleased to order the transfer
and posting of the following IAS/Senior Administrative Grade Officer of Goa Civil Service, in public
interest, with immediate effect:
Sr.
Name of the Officer
Present posting
Posted as
No
1
2
3
4
1. Shri Michael M. D’Souza,
Director of Vigilance with
Director (Training), GIPARD.
IAS (AGMUT:2015)
additional charge of Director
(Training), GIPARD
2. Shri Amarsen W. Rane
Secretary, Goa Human
Director of Vigilance with
Rights Commission
additional charge of Secretary,
Goa Human Rights Commission.
By order and in the name of the Governor of Goa.
Eshant V. Sawant, Under Secretary (Personnel-I).
Porvorim, 22nd September, 2022.
————
Order
No. 6/10/2017-PER(Part)/3194
The Governor of Goa is pleased to appoint Shri Vijay M. Paranjape, Senior Administrative Grade Officer
of Goa Civil Service as Secretary, Goa Public Service Commission, with immediate effect.
The above appointment is in consultation with Goa Public Service Commission and the Hon’ble
Governor of Goa in terms of Clause 20 of the Goa Public Service Commission (Members and Staff)
(Conditions of Service) Regulations, 1988.
The post of Secretary, Goa Public Service Commission being ex-cadre post, Shri Paranjape shall be
governed by standard terms of deputation, as amended from time to time.
By order and in the name of the Governor of Goa.
Eshant V. Sawant, Under Secretary (Personnel-I).
Porvorim, 23rd September, 2022.
————
Notification
No. 15/7/2003-PER (Part-I)/3180
In accordance with the Recruitment Rules for the cadre of Mamlatdar and in accordance with the Goa
Departmental Examination for the Officers in the Cadre of Mamlatdars/Joint Mamlatdars/
/Assistant Director of Civil Supplies Rules, notified under Notification No. 15/50/87-PER-Part I dated
12-12-1997 and published in the Official Gazette, Series I No. 44 dated 29-1-1998, the schedule for the
Departmental Examination shall be as under:
Date of
Morning Session
Venue
Examination
10.00 a.m. to 1.00 p.m.
17-10-2022
Paper (I)
Goa Public Service
Commission, Panaji-Goa.
The syllabus for the said examination shall be as per the Goa Departmental Examination for the Officers
in the Cadre of Mamlatdar/Joint Mamlatdar/Assistant Director of Civil Supplies (Second Amendment)
Rules, 2019 notified under Notification No. 15/18/2003-PER (Part-I)/3855 dated 17-12-2019 and published
in the Official Gazette, Series I No. 40 dated 02-01-2020 and the Goa Departmental Examination for the
Officers in the Cadre of Marnlatdar/Joint Mamlatdar/Assistant Director of Civil Supplies (Third Amendment),
2256
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
Rules, 2020 published in the Official Gazette, Series
I No. 46 dated 20-02-2020.
The following Officer in the above Cadre shall
appear for the Examination in paper mentioned
against his name on the above mentioned date,
time and venue.
Sr.
Name of Officer
Papers
No.
1. Shri Laximikant R. Dessai
Paper-I
By order and in the name of the Governor of
Goa.
Eshant V. Sawant, Under Secretary (Personnel-I).
Porvorim, 21st September, 2022.
———uuu———
Department of Public Health
–––
Order
No. 2/14/2004-II/PHD/1477
Read: Government Order No. 2/14/2004-II/PHD/
/2382 dated 05-01-2022.
Government is pleased to accept the notice of
voluntary retirement dated 31-07-2020 tendered by
Dr. Vijayraj Desai, Medical Officer, Department of
Blood Bank, Goa Medical College, on completion of
15 years of qualifying service in terms of Rule 48-A
of CCS (Pension) Rules, 1972 and as per the
provisions of O.M. No. 12/1/89/Fin (R&C) dated
29-11-1989 and is permitted to retire from service
voluntarily w.e.f. 31-10-2020 (a.n.).
Dr. Vijayraj Desai, Medical Officer, Department
of Blood Bank, Goa Medical College, shall
stand relieved from the Government service w.e.f.
31-10-2020 (a.n.).
This issues in supersession of the Order No. 2/14/
/2004-II/PHD/2382 dated 05-01-2022.
By order and in the name of the Governor of
Goa.
Trupti B. Manerkar, Under Secretary (Health-I).
Porvorim, 19th September, 2022.
———
Order
No. 11/4/2017-IV/PHD/1479
Read: Memorandum No. 11/4/2017-IV/PHD/1318
dated 25-08-2022.
On the recommendation of the Goa Public Service
Commission as conveyed vide their letter No. COM/
/I/5/14(3)/2017/702 dated 26-07-2022, Government
is pleased to appoint Dr. Dinesh Francis Swamy to
the post of Lecturer in the Department of
Pedodontics and Preventive Dentistry (Group “A”
Gazetted) in Level-10 of Pay Matrix under Goa
Dental College & Hospital with immediate effect as
per the terms and conditions contained in the
Memorandum cited above.
Dr. Dinesh Francis Swamy shall be on probation
for a period of one year.
Dr. Dinesh Francis Swamy has been declared
medically fit by the Medical Board and the
appointment is made subject to the verification of
his character and antecedents. In the event of any
adverse matter noticed by the Government on
verification of character and antecedents, his
services shall be terminated.
The above appointment is made against the
vacancy occurred due to cancellation of
appointment Order of Dr. Neil John De Souza vide
Order No. 11/4/2017-IV/PHD/2305 dated 21-12-2021.
By order and in the name of the Governor of
Goa.
Trupti B. Manerkar, Under Secretary (Health-I).
Porvorim, 19th September, 2022.
———uuu———
Department of Revenue
–––
Order
No. 1/3/2022/RD-I/1061
Read: 1. Note bearing No. 35/Secy(Revenue)/
/Cases/2021/46 dated 09-03-2021.
2. Order No. 11/11/2020-RD(Part I)/2327
dated 27-08-2021.
Whereas, it is observed that there is large scale
pendency of revenue cases under various Acts,
especially, The Goa, Daman & Diu Mundkar
(Protection from Eviction) Act, 1975 and Goa, Daman
& Diu Agricultural Tenancy Act, 1964. The issue of
pendency and poor disposal of revenue court cases
was raised by different Hon’ble Members of Goa
Legislative Assembly in recently conducted
Assembly Session, 2022 during the discussion on
Demands for Grants for year 2022-23.
And whereas, the Hon’ble Minister for Revenue
has taken a serious note of pendency of mundkar
and tenancy matters and also has assured the
Legislative Assembly of Goa that all steps will be
taken to ensure speedy disposal of Revenue Court
cases by sensitizing the Revenue Officers to give
utmost priority in disposal of cases in a time bound
manner, and establishing a robost monitoring
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2257
mechanism at the level of both Collectors and at
the level of Government. The Hon’ble Minister for
Revenue has also assured the Legislative Assembly
and the general public of the State that maximum
efforts would be taken for disposal of Mundkar cases
within a period of one year.
And whereas, various instructions were issued
to all the Revenue Officers from time to time for
timely and systematic disposal of various revenue
court cases, more specially the two orders read
above.
And whereas, Rule 10(14) of the Goa Agricultural
Tenancy Rules, 1965 mandates that “the Mamlatdar
shall dispose of the application within period of
one year from the date of service of notice to the
other party”. Similarly, Rule 10(7) provides that, “the
dates should not be issued later than 15 days”.
Similarly, Rule 14 of the Mundkar provides that,
“the Mamlatdar may for any other sufficient reason
to be recorded in writing adjourn the trial of the
case for such time, as he thinks fit, but not ordinarily
exceeding 10 days”.
And whereas, Section 36(1) of the Goa, Daman &
Diu Mundkars (Protection from Eviction) Act, 1975
gives power to the Government to give directions
which reads as “The Government shall have power
to issue directions or orders to the Mamlatdars or
the Collector to give effect to the provision of this
Act and the rules made thereunder”. Similarly,
Section 59 of the Goa, Daman & Diu Agricultural
Tenancy Act, 1964 provides that, “the Government
have powers to issue directions or orders to
Mamlatdars, Tribunal and Collectors, to give effect
to the provision of this Act and the rules made
thereunder”.
Now therefore, in pursuance to above referred
provisions, the Government is hereby pleased to
issue following directives for being implemented
and followed by the Revenue officials while dealing
with revenue court matter:—
i. Every efforts shall be made to dispose the
pending mundakar and tenancy cases within
a period of one year.
ii. Not more than three adjournment in any
particular case shall be granted till its final
disposal and the next date of hearing fixed
should not ordinarily be exceeding 10 days.
iii. Both Collector shall designate special
Mamlatdar who shall exclusively deal with
mundkar and tenancy court matters and who
shall ensure that hearing of revenue courts
should mandatorily happen once date is fixed.
iv. The Revenue Officers shall ensure that in case
due to prefixed engagement if hearing on any
particular dates will require to be adjourned
then prior intimation to both the parties and/
or their advocate on record shall be invariably
given by way of SMS on their registered mobile
number to avoid inconvenience and
harassment to public.
v. Both the Collectors shall allot mundkar and
tenancy cases to Mamlatdar-in-Collectorate
also to ensure fast disposal of cases.
vi. The special designated Mamlatdars shall also
hold revenue courts on Saturday to ensure
timely disposal of the cases.
vii. The mundkar and tenancy cases which are
pending for more than 3 years shall be taken
up for hearing on day to day basis and shall
be disposed off as early as possible.
viii. The Supervisory Officers shall write the APARs
of the Subordinate Officers based on their
performance in disposal of revenue cases
allotted to them.
ix. Both the Collector shall ensure that final
judgment and orders are delivered by revenue
court within a period of 30 days from the date
of hearing of the final arguments/filling of
written arguments.
x. The Additional Collectors of North and South
Goa as per talukas allotted to them vide order
read in preamble at Sr. No. 2 above shall on
daily basis monitor the disposal of cases and
shall submit weekly report to the Secretary
(Revenue) in Annexure ‘A’ and ‘B’ enclosed
herewith.
xi. Both Collectors shall regularly review the
performance and disposal of cases of all
revenue officers subordinate to them and on
monthly basis submit their report to
Government on performance of every revenue
officer under their jurisdiction in Annexure
‘C’ and ‘D’.
xii. Both Collectors shall ensure that Court
Monitoring cases App is duly implemented
and updated for information of the litigants,
advocates and general public.
xiii. All the Mamlatdars shall ensure that the
mundkar purchase cases and tenancy
purchase cases are finally disposed off within
a period of six months from the date of their
filling and in no case the purchase cases be
kept pending for more than six months.
xiv. Both Collectors shall analyse the pendency of
cases in each taluka and properly assign the
cases to revenue officers. The Collector shall
designate the Mamlatdar having less
pendency in other taluka for speedy disposal
of cases by issuing appropriate orders for
2258
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
empowering the officers to execute the work. The Collector shall regularly assess the workload on
the revenue officers.
By order and in the name of the Governor of Goa.
Sandeep Gawde, Under Secretary (Revenue-I).
Porvorim, 14th September, 2022.
____
ANNEXURE ‘A’
Monthly disposal status of cases for period _____ to _____ by Shri _____________________
Mamlatdar/Jt. Mamlatdar ________________
Sr.
Type of
Opening
Cases
Cases
Pending
Less
3 to 6
6 months
1 to 2
2 to 3
More
No.
case
balance
received
disposed
cases
than
months
to 1 year
years
years
than
(No. of
during
during
at the
3
3 years
cases)
the week
the week
end
months
of the
week
Observations/Remarks of Additional Collector on performance of Mamlatdar/Jt. Mamlatdar.
____
ANNEXURE ‘B’
Status of weekly disposal of cases for period of ____ to__________ for ____ taluka.
Sr.
Name & Section
Opening
Cases received
Cases disposed
Cases pending
Remarks
No.
of the Act
balance
during the week
during the week
Observations/Report/Remarks of Additional Collector.
____
ANNEXURE ‘C’
Monthly report on disposal of cases for month _____ by Shri _____________________
Mamlatdar/Jt. Mamlatdar ________________.
Sr.
Name & Section
Opening
Cases received
Cases disposed
Cases pending
Remarks
No.
of the Act
balance
during the month
during the month
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
2259
Observations/Report/Remarks of Collector on performance of the officer.
____
ANNEXURE ‘D’
Monthly report on disposal of cases for month _____ for _____ taluka.
Sr.
Name & Section
Opening
Cases received
Cases disposed
Cases pending
Remarks
No.
of the Act
balance
during the month
during the month
Observations/Report/Remarks of Collector on performance of the taluka.
————
Order
No. 22/7/2021-RD-I/1098
Read: Notification No. 22-7-2022-RD-I dated
09-05-2022.
In exercise of the powers conferred by
sub-section (1) of Section 7 of the Right of Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act,
2013 (Central Act 30 of 2013) read with sub-rule (1)
of Rule 3 of Land Acquisition, Rehabilitation and
Resettlement (Social Impact Assessment and
Consent) Rules, 2014 (hereinafter referred to the
“said Rules”), the Government of Goa hereby
constituted the Expert Committee for accessing the
Social Impact Assessment report submitted by the
SIA team constituted via Notification read at
preamble:
1. Dr. Rahul Tripathi, Prof. of Political Science,
Goa University.
2. Dr. Ganesha Somayaji, Prof. of Sociology, Goa
University.
3. Sarpanch, Village Panchayat, Uguem, Pernem.
4. Panch Member, Village Panchayat, Uguem,
Pernem.
5. Member Secretary, Goa Rehabilitation Board.
6. Dy. Collector, Pernem-Goa.
7. Lt. Cdr. Abhishek Varshney, Indian Navy.
By order and in the name of the Governor of
Goa.
Sandeep S. Gawde, Under Secretary (Revenue-I).
Porvorim, 20th September, 2022.
———uuu———
Department of Town and Country
Planning
Office of the Chief Town Planner (Adm.)
–––
Order
No. 1/6/TCP/RRs/Part/2022/23/1529
Read:
Order No. 1/6/TCP/RRs/Part/2017-18/842
dated 31-05-2022.
In supersession to the earlier order, as referred
above, Ms. Vertika Dagur, Senior Town Planner
(HOO), shall look after the charge of Chief Town
Planner (Land Use), in addition to her own duties,
with immediate effect.
By order and in the name of the Governor of
Goa.
James Mathew, Chief Town Planner (Admin.)/
/HOD ex officio Jt. Secretary.
Panaji, 26th September, 2022.
2260
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 26
29TH SEPTEMBER, 2022
Department of Urban Development
Municipal Administration
–––
Order
No. 1/03/DMA/ADMN/RTI/2796
Read: Order 1/03/DMA/ADMN/RTI/255 dated 30-04-2015.
In partial modification to the above referred order, the following officials of the Sankhali Municipal
Council in the State of Goa are appointed under the Right to Information Act, 2005 to act as Official under
sub-section (2) of Section 5 of the Right to Information Act, 2005.
Sr. No.
Name of the Official
Designation
Office Telephone Number
1.
Municipal Engineer Grade-II
Public Information Officer
0832-2364222.
2.
Accountant
Assistant Public Information
0832-2364222.
Officer
Gurudas P. Pilarnekar, Director (Urban Development).
Panaji, 16th September, 2022.
www.goaprintingpress.gov.in
Published and Printed by the Director, Printing & Stationery,
Government Printing Press,
Mahatma Gandhi Road, Panaji-Goa 403 001.
PRICE–Rs. 42.00
PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—219/120—9/2022.