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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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.

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