Panaji, 6th October, 2022 (Asvina 14, 1944)

SERIES II No. 27

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

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

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

––––

Order

No. 8/31/2022-23/D.Agri/1078

Ex-post facto approval of the Government is

hereby accorded to extend the deputation period

of Shri Raghunath Joshi, Agriculture Officer of this

Directorate to the post of Manager (Farms) to Goa

State Horticulture Corporation Ltd. (GSHCL) for

another period of 01 year i.e. w.e.f. 12-09-2022 to

11-09-2023.

The deputation of Shri Joshi shall be governed

by the standard terms and conditions of deputation

as contained in O.M. No. 13/04/74/PER dated

12-02-1999 and as amended from time to time.

This issues with the concurrence of the

Government vide entry No. 719/F dated 13-09-2022.

By order and in the name of the Governor

of Goa.

Nevil Alphonso, Director (Agriculture) & ex

officio Joint Secretary.

Tonca-Caranzalem, 29th September, 2022.

Note:- There are three Extraordinary issues to the

Official Gazette, Series II No. 26 dated 29-09-2022

as follows:—

(1) Extraordinary dated 29-09-2022 from pages 2261

to 2262 regarding Order from Department of

Home.

(2) Extraordinary (No. 2) dated 30-09-2022 from

pages 2263 to 2266 regarding Circular from

Department of Finance.

(3) Extraordinary (No. 3) dated 30-09-2022 from

pages 2267 to 2268 regarding Notification from

Goa Legislature Secretariat and Order from

Department of Home.

Department of Co-operation

Office of the Registrar of Co-operative Societies

–––

Order

No. 11/1/Kharedi Vikri/TSII/QZ/2019/RCS/2073

Read:

1) Order No. 48-8-2001-TS-RCS/III/311

dated 21-04-2017.

2) Circular No. 6-13-81/EST/RCS/Part V./

5833 dated 06-03-2020.

3) Letter No. ARCS/QZ/RS nominee/2012/

/153 dated 18-06-2020.

4) Order No. 11/1/Kharedi Vikri/TS-II/QZ/

RCS/1446 dated 09-08-2020.

5) Order No. 11/1/Kharedi Vikri/TS-II/QZ/

/2019/RCS/1377 dated 28-07-2022.

6) Letter No. ARCS/QZ/R’s Nomine/2012/

/591 dated 25-08-2022.

Whereas, vide Order at reference No. 1 above

issued by the Registrar of Co-operative Societies

u/s. 86 (1) of the Goa Co-operative Societies Act,

2001 read with Rule 116 (1) of the Goa Co-operative

Societies Rules, 2003, Adv. Dilip S. Gaonkar, A-306,

3rd floor, Pereira Plaza, Opposite to Hospicio Hospital,

Margao, Goa was appointed as the Registrar’s

Nominee for deciding the disputes arising in any of

the Co-operative Societies referred to him by the

Registrar of Co-operative Societies/Asst. Registrars of

Co-operative Societies.

And whereas, vide letter at reference No. 3 above,

the Asst. Registrar of Co-operative Societies,

Quepem Zone, Quepem, Goa had submitted request

of Adarsh Krishi Kharedi Vikri Prakriya Sahakari

Saunstha Maryadit [Reg. No. 6-APS-(a)-1 South Goa/

/93] for appointment of Adv. Dilip S. Gaonkar as

dedicated Registrar’s Nominee for their Society. The

Registrar of Co-op. Societies, in exercise of powers

conferred u/s. 123(B) of the Goa Co-operative

Societies Act, 2001 read with Circular at ref. No. 2

above, appointed Adv. Dilip S. Gaonkar as the

dedicated Registrar’s Nominee authorizing him to

2269

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

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

entertain and decide all the disputes submitted to

him by the said Society, without referring to this

office. The initial period of authorization was for 1

year from 04-08-2020 to 03-08-2021.

And whereas, vide Order referred at Sr. No. 5

above said period was extended for further period

of one year with retrospective effect from

04-08-2022 to 03-08-2022.

And whereas, the Asst. Registrar of Co-operative

Societies, Quepem Zone, Quepem, Goa vide letter

at ref. No. 6 above has submitted request of the

said Society for extension of said authorization for

a further period of one year from 04-08-2022 to

03-08-2023.

Now therefore, in exercise of powers conferred

under Section 123B of the Goa Co-operative Societies

Act, 2001, I, the Registrar of Co-operative Societies

hereby extend the authorization of Adv. Dilip S.

Gaonkar as dedicated Registrar’s Nominee for the

Adarsh Krishi Kharedi Vikri Prakriya Sahakari

Saunstha Maryadit for a further period of 1 year with

retrospective effect from 04-08-2022 to 03-08-2023.

The other terms and conditions mentioned in the

Order referred to at Sr. No. 4 above shall continue to

remain in force.

The Registrar reserves the right to withdraw this

Order at any stage without assigning any reason

thereof.

Given under the seal of this office.

Vishant S. N. Gaunekar, Registrar (Co-operative

Societies) & ex officio Joint Secretary (Co-operation).

Panaji, 20th September, 2022.

————

Order

No. 15/353/2020/ADT/RCS/2172

Read: 1) This office Order No. 15/351/2020/ADT/

/RCS/604 dated 05-06-2020.

2) This office Order No. 15/351/2020/ADT/

/RCS/1203 dated 10-07-2020.

3) This office Order No. 15/351/2020/ADT/

/RCS/1204 dated 10-07-2020.

4) This office Order No. 15/353/2020/ADT/

/RCS/3698 dated 05-02-2021.

5) This office Order No. 15/351/2020/ADT/

/RCS/1186 dated 04-08-2021.

The Government, in exercise of powers conferred

under Section 68 of the Goa Co-operative Societies

Act, 2001, is pleased to hereby ex-post facto extend

the restrictions imposed vide order referred to at

Sr. 1 above and which were modified and extended

from time to time by issuing orders referred to at Sr.

Nos. 2 to 5 above, on the VPK Urban Co-operative

Credit Society Ltd., Mardol, Ponda-Goa without any

modification w.e.f. 07-12-2021 till further decision

in this matter.

Vishant S. N. Gaunekar, Registrar of Co-operative

Societies & ex officio Joint Secretary (Co-op.).

Panaji, 29th September, 2022.

————

Order

No. 50/3/354/Elec/BOD/HVRW/RCS/CZ/20/2181

Read: Letter No. 13/583/2018/ARCS/CZ/233 dated

11-05-2022, received from Assistant Registrar

of Co-operative Societies, Central Zone.

Whereas, the Harbans Vihar Residents Welfare

Association Co-operative Housing Maintenance

Society Ltd., Chimbel, Tiswadi-Goa was registered

on 03-06-2019 under registration No. ARCS/CZ/792/

/7(d)/GOA and is having a total membership of 100.

And whereas, the Elections to the Board of

Director of said Society were held by ARCS/AEO,

Central Zone, Panaji, Goa for the term of 5 years

from 2021 to 2026 for a total 5 posts and the election

result was declared on 28-02-2021 in Form “Election-17”

i.e. result of contested election returning candidates

to the 4 posts i.e. 2 from General Category and 2

from Women Category. However, 1 post from SC/ST

Category remained vacant.

Further the ARCS/AEO, Central Zone, Panaji, Goa,

subsequently has informed that due to the

resignation of one director i.e. from women category,

the vacant posts of the above Board of Directors of

said society has increased to two.

And whereas, the Assistant Registrar of

Co-operative Societies, Central Zone, Panaji vide

letter referred above had requested to grant

exemption from applicability of Section 59(4) of the

Goa Co-operative Societies Act, 2001 to said Society

for filling up of said vacant posts.

In view of above and in exercise of the powers

vested under Section 126A of the Goa Co-operative

Societies Act, 2001 (Goa Act No. 36 of 2001), the

Government of Goa is pleased to exempt said Society

from the applicability of provisions of sub-section

(4) of Section 59 for the term 2021-2026.

By order and in the name of the Governor of

Goa.

Vishant S. N. Gaunekar, Registrar of Co-opertaive

Societies & ex officio Joint Secretary (Co-op.).

Panaji, 30th September, 2022.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

2271

Order

No. 60/24/RCSNominee/TS-I/RCS/2203

Read: 1) Notification No. 3/6/Urban Credit/TS-II/PZ/

/2017/RCS/Suppl./5306 dated 10-02-2020.

2) Letter No. GSCB/REC/2022-23/3763 dated

22-08-2022 from Managing Director of the

Goa State Co-op. Bank Ltd., Panaji.

Whereas, vide Notification at reference No. 1

above issued by the Government exercising the

powers under Section 126 A of the Goa Co-operative

Societies Act, 2001 (Goa Act 36 of 2001) (hereafter

referred to said Act,) the provision of sub-section

(1) of Section 91 D of the said Act was modified and

the Registrar of Co-operative Societies was

authorized to appoint Officers of Co-operative Credit

Societies, V.K.S.S. Societies having credit counters

and Multipurpose Societies as RECOVERY

OFFICER/SALE OFFICER upon receipt of individual

proposals subject to the terms and condition as

may be incorporated in the Order.

And whereas, vide letter read at Sr. No. 2 above,

the Managing Director of The Goa State

Co-operative Bank Ltd., Panaji has informed that,

the said Bank in its executive committee meeting

held on 03-08-2022 has decided to request this office

to appoint Mr. Chetan Laxman Naik, Grade II officer

of the said Bank as Sales and Recovery Officer for

North Zone in place of Mr. Uday Dessai who is

transferred to Margao Branch of the said Bank.

Therefore, in exercise of the powers conferred

under Section 123 (B) and Section 91 D of the said

Act, along with Rule 124 of the Goa Co-operative

Societies Rules, 2003, I, the undersigned hereby

authorize Mr. Chetan Laxman Naik, Grade II officer

of the Goa State Co-operative Bank Ltd., Panaji to

act as Sale-cum-Recovery Officer in relation to the

recovery of debts and to attach and sell the property

and execution of all recovery orders of decree

holder by the Arbitrator or the Nominee of Registrar

of the said Bank subject the following conditions:-

1. The Officer appointed and delegated with

powers of Sales-cum-Recovery Officers shall follow

all the procedures as laid down under the said Act

and the Goa Co-operative Societies Rules, 2003 or

in compliance with any other relevant provisions of

any other Act/Rules and also Bye-laws of the Bank

concerned while execution of decree.

2. The Board of Directors of the Bank shall be

fully responsible along with the Chief Executive

Officer for any acts of above officers in

contravention of the Acts, Rules and Bye-laws of

the said Bank.

3. The Board of Directors shall review the

performances of the above Officer every month and

ensure compliance by them.

4. This appointment is valid for one year with

effect from 03-10-2022 to 02-10-2023.

5. The undersigned reserves the right to

withdraw this order at any stage without assigning

any reasons.

Given under the seal of the office.

Vishant S. N. Gaunekar, Registrar (Co-operative

Societies) & ex officio Joint Secretary.

Panaji, 3rd October, 2022.

———u———

Office of the Asstt. Registrar of Co-operative

Societies

–––

Notification

No. ARCS/CZ/HSG/927/ADM/20/988

In exercise of the powers vested in me under

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

The Fatima Chambers Co-op. Housing Maintenance,

Society Ltd., Dr. A. B. Road, Panaji-Goa is registered

under code symbol No. RCSCZ2022230015.

Harish S. Naik, Asstt. Registrar (Co-operative

Societies), Central Zone.

Panaji, 26th July, 2022.

Certificate of Registration

“The Fatima Chambers Co-op. Housing

Maintenance Society Ltd.”, Dr. A. B. Road, Panaji-

Goa has been registered on 26-07-2022 and it bears

registration code symbol No. RCSCZ2022230015 and

its classified as “Co-operative Housing Society” under

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

Maintenance Society in terms of Rule 8 of the Goa

Co-operative Rules, 2003.

Harish S. Naik, Asstt. Registrar (Co-operative

Societies), Central Zone.

Panaji, 26th July, 2022.

–––––—

Notification

No. ARCS/CZ/HSG/945/ADM/20/989

In exercise of the powers vested in me under

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

The Meera Residency Co-operative Housing

Mentainance Society Ltd., St. Inez, Panaji, Goa is

registered under code symbol No. RCSCZ2022230014.

Harish S. Naik, Asstt. Registrar (Co-operative

Societies), Central Zone.

Panaji, 19th July, 2022.

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

Certificate of Registration

“The Meera Residency Co-operative Housing

Mentainance Society Ltd.”, St. Inez, Panaji-Goa has

been registered on 19-07-2022 and it bears

registration code symbol No. RCSCZ2022230014 and

its classified as “Co-operative Housing Society” under

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

Maintenance Society in terms of Rule 8 of the Goa

Co-operative Rules, 2003.

Harish S. Naik, Asstt. Registrar (Co-operative

Societies), Central Zone.

Panaji, 19th July, 2022.

————

Notification

No. ARCS/CZ/HSG/933/ADM/20/1072

In exercise of the powers vested in me under

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

Abhyant Grandeur Apt. Co-op. Housing

Maintenance Society Ltd., Taleigao, Ilhas-Goa is

registered under code symbol No. RCSCZ2022230016.

Harish S. Naik, Asstt. Registrar (Co-operative

Societies), Central Zone.

Panaji, 05th August, 2022.

Certificate of Registration

“Abhyant Grandeur Apt. Co-op. Housing

Maintenance Society Ltd.”, Taleigao, Ilhas-Goa has

been registered on 05-08-2022 and it bears

registration code symbol No. RCSCZ2022230016 and

its classified as “Co-operative Housing Society” under

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

Maintenance Society in terms of Rule 8 of the Goa

Co-operative Rules, 2003.

Harish S. Naik, Asstt. Registrar (Co-operative

Societies), Central Zone.

Panaji, 05th August, 2022.

–––––—

Notification

No. ARCS/CZ/HSG/924/ADM/20

In exercise of the powers vested in me under

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

The Shah Meadows Co-operative Housing

Maintenance Society Limited, St. Caitan, Merces,

Tiswadi-Goa is registered under code symbol No.

RCSCZ2022230017.

Harish S. Naik, Asstt. Registrar (Co-operative

Societies), Central Zone.

Panaji, 8th August, 2022.

Certificate of Registration

“The Shah Meadows Co-operative Housing

Maintenance Society Limited”, St. Caitan, Merces,

Tiswadi-Goa has been registered on 08-08-2022

and it bears registration code symbol No.

RCSCZ2022230017 and its classified as “Co-operative

Housing Society” under sub-classification No. 7-(d)-

-Co-operative Housing Maintenance Society in terms

of Rule 8 of the Goa Co-operative Rules, 2003.

Harish S. Naik, Asstt. Registrar (Co-operative

Societies), Central Zone.

Panaji, 08th August, 2022.

————

Notification

No. ARCS/CZ/HSG/946/ADM/20/1210

In exercise of the powers vested in me under

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

The AVE TOM Residency Co-operative Housing

Maintenance Society Limited, Village Corlim,

Tiswadi-Goa is registered under code symbol No.

RCSCZ2022230018.

Harish S. Naik, Asstt. Registrar (Co-operative

Societies), Central Zone.

Panaji, 05th September, 2022.

Certificate of Registration

“The AVE TOM Residency Co-operative Housing

Maintenance Society Limited”, Village Corlim,

Tiswadi-Goa has been registered on 05-09-2022

and it bears registration code symbol No.

RCSCZ2022230018 and its classified as “Co-operative

Housing Society” under sub-classification No. 7-(d)-

-Co-operative Housing Maintenance Society in terms

of Rule 8 of the Goa Co-operative Rules, 2003.

Harish S. Naik, Asstt. Registrar (Co-operative

Societies), Central Zone.

Panaji, 05th September, 2022.

————

Corrigendum

No. ARCS/CZ/HSG/881/ADM/18/1408

Read: 1) Memo No. ARCS/CZ/HSG/881/ADM/18/31

dated 09-05-2019.

2) Notification/Certificate of Registration

No. ARCS/CZ/HSG/795/7(b)/Goa dated

09-05-2019.

The name of the society specified in the Memo,

Notification and Registration Certificate referred at

preamble shall be read as “Sunteck Kanaka

Corporate Park Co-operative Housing Society Ltd.”,

instead of “The Sunteck Corporate Park Co-op.

Housing Society Ltd.”.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

2273

The other contents in the Memo, Notification

and Registration Certificate referred at Sr. No. 1

and 2 above will remain unchanged.

Smita Kankonkar, Asstt. Registrar (Co-operative

Societies), Central Zone.

Panaji, 30th September, 2022.

———uuu———

Department of Education, Art & Culture

Directorate of Higher Education

––––

Order

No. ACAD III/GC/Transfer & Posting/55/2019/

/17966(A)

Read: 1) DHE/EST/214/2021/1259 dated 09-06-2021.

2) ACAD III/GC/Transfer & Posting/55/2019/

/17966 dated 25-08-2022.

Government is pleased to transfer Shri Siddhesh

Subhash Kesarkar, College Director of Physical

Education, Government College of Commerce and

Economics, Margao-Goa to Goa College of Music,

Altinho, Panaji-Goa under Directorate of Higher

Education with immediate effect in public interest.

He shall continue to hold charge as Assistant

Director (Academic) of Higher Education on

working arrangement basis as a temporary measure

until further orders.

Shri Siddhesh Subhash Kesarkar shall draw his

salary under Demand No. 35 in the Budget head

2205—Art & Culture; 00; 101—Fine Art Education;

01—Goa College of Music; 01—Salaries.

By order and in the name of the Governor

of Goa.

Avelina D’sa E Pereira, Under Secretary (Higher

Education).

Porvorim, 25th August, 2022.

————

Order

No. 2/79/SHEC ACT/2017-18/DHE/19284

Government is pleased to appoint Director

(Higher Education) as the Executive Director who

shall be the Member Secretary of the Goa State

Higher Education Council in terms of Section 8 of

the Goa State Higher Education Council Act, 2018.

By order and in the name of the Governor of

Goa.

Avelina D’sa E Pereira, Under Secretary (Higher

Education).

Porvorim, 29th September, 2022.

Order

No. 2/79/SHEC ACT/2017-18/DHE/19300

Joint Director of Accounts in Directorate of

Higher Education shall look after the functions of

Finance Officer for the Goa State Higher Education

Council as an interim arrangement until further

orders.

This issues with the approval of the Hon’ble Chief

Minister/Education Minister/Chairperson for Goa

State Higher Education Council.

Prasad Lolayekar, IAS, Executive Director (State

Higher Education Council) & Director (Higher

Education).

Porvorim, 30th September, 2022.

———uuu———

Goa Human Rights Commission

Office of the Goa Human Rights Commission

Before the Goa Human Rights Commission

Panaji-Goa

––––

Proceeding No. 164/2021

Shri Vishant S. Nagvekar,

C-49, Govt. Quarters,

Altinho, Panaji-Goa

…

Complainant.

V/s

The Director,

Directorate of Social Welfare,

Government of Goa,

Panaji-Goa

…

Respondent.

Inquiry Report

(20th June, 2022)

The complaint dated 31-07-2021, was received

online from the Complainant.

2. On perusing the complaint, the Commission

by Order dated 23-08-2021, issued notice to the

Respondent.

3. The Respondent filed their reply dated

05-10-2021, along with the report in Annexure ‘A’ of

the Directorate of Social Welfare, Panaji-Goa. On

the copy of the same being forwarded to the

Complainant, the Complainant filed his Rejoinder

on 06-12-2021.

4. At the stage of hearing, the Commission heard

Shri Vishesh Kulkarni, Member of Legal Aid Cell of

V.M. Salgaonkar College of Law. The Respondent

was absent at the time of hearing.

5. The Commission has perused the complaint,

the reply of the Respondent, the Rejoinder and the

documents relied upon.

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

6. The complaint had been filed for issuing

advisory for granting reservation in promotions to

the Government employees with benchmark

disabilities as stipulated vide the Rights of Persons

with Disabilities Act, 2016.

7. Shri Vishesh Kulkarni had referred to several

Supreme Court judgments in respect of reservation

in promotions to persons with benchmark

disabilities. He submitted that the reply of the

Respondent that the matter is pending before the

Supreme Court is incorrect as the Miscellaneous

Application No. 2171/2020 in Civil Appeal No.

1567/2017, filed before the Supreme Court has

already been decided.

8. The Government of Goa vide Office

Memorandum No. 50-326-98-99-HC/Part/2692 dated

08-08-2018 had stipulated provision of 4%

reservation to persons with disabilities in direct

recruitment. The grievance of the Complainant is

that the Government of Goa has not made

reservation for promotions for persons with

disabilities.

9. From the reply of the Respondent along with

Annexure ‘A’, the Respondent agreed that there is

a stipulated provision for 4% reservation to persons

with disabilities in Direct Recruitment, but the

Office Memorandum is silent regarding promotions

to persons with disabilities. They stated that the

Ministry of Personnel, Public Grievances and

Pensions, Department of Personnel & Training, New

Delhi had informed the Government of Goa that

MA No. 2171/2020 with regards to Civil Appeal

No. 1567/2017, against the Judgment dated

14-07-2020 is sub-judice before the Hon’ble Supreme

Court of India and once they receive the guidelines

regarding reservation in promotions issued from

the Ministry of Personnel, Public Grievances and

Pensions, Department of Personnel & Training, New

Delhi, Goa Government will adopt the same and

implement the same in the State of Goa.

10. As rightly pointed out by Shri Vishesh

Kulkarni, Miscellaneous Application No. 2171/2020

in Civil Appeal No. 1567/2017, has in fact been

decided by the Supreme Court by Order dated

28-09-2021 and the Miscellaneous Application was

disposed of.

11. From the said Order, it is seen that the

correctness of the judgment of the Supreme Court

in Rajeev Kumar Gupta & Ors. v. Union of India

& Ors., 1 (2016) 13 SCC 153, was raised by the

Union of India before the Division Bench of the

Court and the matter was referred to a larger Bench

which held that the Union and the State

Governments are bound by the judgments of the

Supreme Court.

12. In the above Order dated 28-09-2021, having

examined the judgments of the Supreme Court and

the submissions made on behalf of the parties, the

Supreme Court held that there is no ambiguity in

the judgments which warrants any clarification. The

Union of India was directed to issue instructions

regarding reservation in promotion as provided in

Section 34 of the Rights of Persons with Disabilities

Act, 2016, within a period of four months from

28-09-2021.

13. The Commission agrees with the submissions

made on behalf of the Complainant that the Apex

Court has directed to issue instructions regarding

reservation in promotion, as provided in Section 34

of the Rights of Persons with Disabilities Act, 2016.

14. In view of the above, the Commission

recommends that the Respondent issue instructions

regarding reservation in promotion to Government

employees with benchmark disabilities, as provided

in Section 34 of the Rights of Persons with

Disabilities Act, 2016, within 90 days from today.

15. Under Section 18(e) of the Protection of Human

Rights Act, 1993, the Commission shall send a copy

of the Inquiry Report together with its

recommendations to the concerned Government or

authority and they shall, within a period of one

month or such further time as the Commission may

allow, forward its comments on the report, including

the action taken or proposed to be taken, to the

Commission.

16. Copy of the Inquiry Report be sent to the

Respondent, calling for their comments, including

the action taken or proposed to be taken within a

period of 90 days or on or before 21-09-2022, in

terms of Section 18(e) of the Protection of Human

Rights Act, 1993.

Date: 20-06-2022.

Place: Panaji-Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

2277

Before the Goa Human Rights Commission

Panaji-Goa

––––

Proceeding No. 140/2019

Mrs. Vidya P. Pai Kane,

C/o. Adv. Rakesh S. Karmali,

H. No. 342, Opp. Nita Industries,

Nispabhat, Sao Jose de Areal,

Salcete-Goa.

....Complainant

V/s

1. The Manager,

Cuncolim United High School,

Cuncolim Educational Society,

Cuncolim, Salcete-Goa.

2. The Director of Education,

Directorate of Education,

Porvorim-Goa.

.... Respondents

Inquiry Report/Order

(21st September, 2021)

The Complaint dated 04-06-2019, was received

in the Commission in respect of non-payment of the

Complainant’s balance G.P.F. amount along with

interest by the Respondent No. 1.

2. On perusing the Complaint, the Commission

by Order dated 07-06-2019, called for the report

from the above named two Respondents.

3. The Respondent No. 1 filed their report dated

08-07-2019. The Respondent No. 1 has not denied

that an amount of Rs. 2,50,610/- is balance to be

paid to the Complainant, towards her G.P.F. The

Respondent No. 1 says that some records were not

traceable and that vide letter, reference No. CUHS/

/2016-17/548 dated 13-01-2017, they wrote to the

Dy. Director of Education, South Education Zone,

Margao that the records of MPS High School were

available in the office of the Dy. Director of

Education, South Education Zone, Margao, and that

the same were required for resolving the G.P.F. case

of the Complainant. The Respondent No. 2, however,

has not filed any reply, denying the above statement

of the Respondent No. 1 or denying the case of the

Complainant.

4. The Complainant has filed a detail rejoinder to

the reply of the Respondent No. 1, thereby denying

the averments which are not consistent to her case

and reiterating the facts stated in the Complaint.

5. At the stage of arguments, the Complainant

and her representative, Shri Motiram Pai Angle,

were heard. None were present for the Respondents.

6. The Commission has perused the Complaint

and her documents as well as the reply of

Respondent No. 1 and their documents and the

rejoinder filed by the Complainant on 19-03-2020.

7. The Complainant states that though the

balance of her G.P.F. account on the date of her

retirement as a teacher in the school of Respondent

No. 1 in August 2016, was Rs. 16,01,208/-, she has

been paid only Rs. 13,50,598/- on 17-10-2019 and

the amount of Rs. 2,50,610/- is still due to her.

8. The Complainant has reiterated in her

Rejoinder that she has made efforts to get the

remaining amount of G.P.F., but the same was not paid

to her.

9. It is seen that in the copy of the page from the

General Provident Fund Register, for the year

2016-17, produced by the Complainant, the balance

of G.P.F. as on 31-12-2016 in respect of the

Complainant was indicated as Rs. 16,01,208/-. But

this was subsequently cancelled by putting cross

lines. There is no signature of any authority or stamp

of the school under this cancellation. There is also

no explanation about this document in the reply

filed by the Respondent No. 1.

10. The Commission finds, from the letter dated

17-10-2017, of the Directorate of Education which is

annexed to the Complaint, that the Joint Director

of Accounts of the Directorate of Education had

granted sanction of the Director of Education,

Porvorim to the Assistant Accounts Officer, South

Education Zone, Margao-Goa, in respect of the final

payment of G.P.F. balance of the Complainant. As

per the said letter, the sanction was conveyed for

drawing of a sum of Rs. 13,50,597/- (Rupees Thirteen

lakhs fifty thousand five hundred ninety seven only),

representing the entire G.P.F. deposit benefit

residuary balance with interest calculated up to

12/2016, the maximum admissible as per rules. The

school authorities were directed to disburse the

said amount in terms of Rule 34 of the G.P.F. (C. S.)

Rules.

11. A perusal of the letter dated 16-05-2017 of

Respondent No. 1 addressed to the Complainant

reveals that it was intimated to her that it has been

decided to revise G.P.F. sheet available by deducting

an amount of Rs. 12,239/- of which ledger sheet are

not available and further that it has been decided

to make final payment of only the amount for which

ledger record was available and her consent was

sought. The Complainant, vide letter dated

17-05-2017, had informed the Respondent No. 1 that

if her final G.P.F. payment was made less than shown

in her G.P.F. account maintained by the school

authority along with South Zone, then she will

accept the amount “under protest” so that the

remaining G.P.F. amount which was deducted

would be released at the earliest under

consideration by using the concerned authority’s

2278

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

discretionary powers. By letter dated 09-06-2018,

the Complainant thanked the Respondent No. 1 for

making efforts to get the part of G.P.F. amount and

informed that she was expecting the same

co-operation to get the balance G.P.F. amount. She

has specifically stated in this letter that she

received the said amount of Rs. 13,50,598/- after

recasting the ledger folios for the years from 92-93

till the date of her voluntary retirement by taking

her consent which was given under protest. The

Complainant requested the Respondent No. 1 to

submit the recasted two years i.e. 90-91 and 91-92

along with previous years ledger folios and along

with interest. The Respondent No. 1 did not bother

to do anything to resolve the issue.

12. By letter dated 23-07-2012 of Director of

Education, Porvorim-Goa, the Respondent No. 2

directed Jt. Director of Accounts, Margao, conveying

sanction under Rule 15(1)(A)(b) r/w Section 16(1) of

G.P.F (C.S.) Rules, 1960, to withdrawal by the

Complainant a sum of Rs. 12,00,000/- in connection

with marriage ceremony of her daughter and further

certifying that the Complainant having completed

33 years of her service as on 2011, her balance as

on 04-12-2012 is Rs. 16,65,933/- thereby giving

details of her entitlement. The copy of the said

letter was forwarded to the Respondent No. 1 as

well as the Complainant and the Asstt. Accounts

Officer, South Educational Zone, Margao. The

Respondent No. 1, in paragraph 4 of their reply,

have specifically stated that while sanctioning the

amount of Rs. 12,00,000/-, Education Department

certified that as on April 2012, the balance G.P.F. at

the credit of the Complainant was Rs. 16,65,933/-.

13. The Respondent No.1 did not either join issue

with the said certification of Respondent No. 2 nor

any clarification appeared to have been sought by

the Respondent No.1. The said letter dated

23-07-2012 is accompanied by certificate issued by

the M.R.G. D’Souza, Dy. Director of Education, South

Education Zone, Margao certifying that the

Complainant Smt. Vidhya P. Pai Kane, Asstt. Teacher

has opted for new benefits under Section 13 of the

Goa Education Act, 1984 and that her option form for

new bertefits under Section 13 of the Goa Education

Act, 1984 is not traceable in the light of M.P. S. High

School being closed and her personal file is not found

in the old records. In the said certificate, it is also

made clear that the Management share of her CPF

amounting to Rs. 5,498.01 has been credited to the

Government Treasury and the individual share of her

CPF amounting to Rs. 6,929/- has been credited to

her G.P.F. account.

14. The undisputed fact remains that the

Respondent No. 2, way back on 23-07-2012, based

on the records, arrived at a conclusion that as on

04-12-2012, the Complainant had the balance

amount of Rs. 16,65,933/- towards her G.P. F. As per

the records, an amount of Rs. 13,50,598/- admittedly

was paid to the Complainant, which has been

accepted be her under protest. It is strange that

the custodian of records (documents) are seeking

records (documents) from the employee. In fact, the

order dated 04-12-1997, of the Respondent No. 2,

regarding the absorption of the Complainant from

M.P.S. High School, Murida, Cuncolim, Goa to the

Respondent No. 1-school, reveals that on receipt of

intimation from the absorbed school, the

Management of the relieving school, had to, within

outer time limit of 10 days, forward the service

book and leave account duly complied in all

respects and the last pay certificate of the employee

to his/her school of absorption and also had to

forward any other records as may be called for by

the absorbed school. It has been specifically

mentioned in the above order that any lapses in

compliance to the above instructions will attract

serious action against the erring school.

15. We are of the opinion that the G.P.F. of the

Complainant cannot be withheld on the ground

that G.P.F. ledger maintained by the Respondents

are not available due to the closure of MPS High

School. More so, it was compulsory for all the

Teachers to submit the option form as per the Act

and as per the instructions given by the Department

of Education at the time of surplus transfer dated

04-12-1997 and for which, infact the Respondent

No. 1 is liable being in custody of the documents.

The non-availability of original past records of

Mrs. Vidhya P. Pai Kane from the MPS High School

is not a ground to deny the legitimate dues of the

Complainant when it is the duty and obligation of

the Respondent No. 1-to maintain records. It is also

not the case of Respondent No. 1 that the

Complainant is not entitled for the said balance

amount of Rs. 2,50,610/- or any part thereof. There

are no justifiable reasons advanced by Respondent

No. 1 to deny the Complainant’s justifiable dues

with interest. That being the position, we are of the

opinion that the Respondent No. 1 is liable to pay

the amount of Rs. 2,50,610/- due to her with interest

accrued on the said sum @ six percent simple

interest per annum.

16. In view of all the correspondence on record

coupled with the silence of the Respondents, we

opine that the Complainant in all was entitled for

an amount of Rs. 16,01,208/- as on the date of her

retirement and hence the amount of Rs. 2,50,610/-

is due to her, with interest.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

2279

17. The Commission, therefore, recommends that

the Respondent No. 1 should effect the payment of

Rs. 2,50,610/- due to her along with simple interest

@ 6% per annum as from 18-10-2017 till the date of

final payment.

18. Under Section 18(e) of the Protection of

Human Rights Act, 1993, the Commission shall send

a copy of the Inquiry Report together with its

recommendations to the Respondents and the

Respondents shall within a period of one month from

today or such further time as the Commission may

allow, forward its comments on the report, including

the action taken or proposed to be taken thereon to

the Commission.

———uuu———

Department of Information & Publicity

––––

Order

No. DIP/R.DAY-TAB.2023/2837

Government is pleased to constitute a Committee

under the Chairmanship of Hon’ble Chief Minister

Shri Pramod Sawant comprising of the following in

order to select the design of tableau for presentation

at Republic Day Parade, 2023:

1. Dr. Pramod Sawant,

— Chairman.

Chief Minister

2. Shri Govind Gaude,

— Member.

Minister for Art

& Culture

3. Chief Secretary

— Member.

4. Secretary, Information

— Member.

& Publicity

5. Principal Chief

— Member.

Engineer, PWD

6. Principal, Goa

— Member.

College of Art

7. Director of Art

— Member.

& Culture

8. Director of Accounts

— Member.

9. Principal, Goa College

— Member.

of Music

10. Jt. Director of

— Member.

Information & Publicity

11. Director of Information

— Member

& Publicity

Secretary.

The Committee will be entrusted with the

following works:

1. Scrutinize designs received from independent

artistes, art students and tableau contractors.

2. Technical evaluation of the eligible bids based

on the information/detailing/concept/

/design/s.

3. Awarding of marks to the bids based on criteria

prior experience previous awards of the

bidders, presentation etc.

4. Supervise the fabrication of the float and

oversee the presentation.

This issues with the approval of Government

under U.O. No. 833/F dated 25-09-2022.

By order and in the name of the Governor of

Goa.

Dipak M. Bandekar, Director (Information &

Publicity) & ex officio Addl. Secretary.

Panaji, 27th September, 2022.

———uuu———

Department of Labour

––––

Order

No. 24/3/87-Lab-Part-I(Vol-I)/ESI(Part)/512

Government is pleased to order the transfer and posting of the following Doctor in E.S.I. Scheme, under

Office of Commissioner, Labour & Employment in public interest with immediate effect as under:

2280

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

Sr.

Name of the Official

Present place

Place of posting

No.

of posting

on transfer

1. Dr. Shubhangi Lotlikar,

E.S.I. Dispensary, Panaji

Office of Administrative

Administrative Medical Officer

Medical Officer, Panaji.

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

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

Porvorim, 23rd September, 2022.

————

Notification

No. 28/02/2022-LAB/376

The following Award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

13-07-2022 in Ref. No. IT/06/2021 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, 27th July, 2022.

—–––––—

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA AT PANAJI

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

Officer)

Ref. No. IT/06/2021

Workmen,

Rep. by General Secretary,

Bhartiya Kamgar Sena,

C/o Shankar Pandit,

H. No. 86/1(85),

Mahalaxmi Residency,

Behind Kala Bhavan,

Sancoale-Goa.

…… Workmen/Party I.

V/s

The Managing Director,

M/s. Tevapharm India Private Limited,

Plot No. A-1, Phase 1-A,

Verna Industrial Estate,

Verna-Goa. …… Employer/Party II.

Workmen/Party I represented by Learned Advocate

Shri P. J. Kamat.

Employer/Party II represented by learned Advocate

Shri M. S. Bandodkar.

A W A R D

(Delivered on this the 13th day of the month

of July of the year 2022)

By Order dated 29-01-2021, bearing No. 28/25/

/2020-LAB/44, the Government of Goa in exercise

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

Industrial Disputes Act, 1947 (for short ‘The Act’),

has referred the following dispute to this Tribunal

for adjudication.

(1) “Whether the action of the Management of

M/s Tevapharm India Private Limited, Plot

No. A-1, Phase 1-A Verna Industrial Estate,

Verna-Goa in not conceding the following

demands raised by the Bhartiya Kamgar

Sena, in respect of the workers employed

there in is legal and justified?

CHARTER OF DEMANDS

Demand No. 1: Pay Scales:

Grade-I

: 15000-500-17500-750-21250-1000-

-26250-1250-32500.

Grade-II

: 16000-600-19000-850-23250-1100-

-28750-1350-35500.

Grade-III : 17000-700-20500-950-25250-1200-

-31250-1450-18500.

Grade-IV : 18000-800-22000-1050-27250-1300-

-33750-1550-41500.

Demand No. 2: Flat Rise:

Union demands that all the workmen shall be

given the flat rise of Rs. 5000/- (Fitment: The above

amounts should 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 7 years

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

2281

Service from 7 years

: Three increments.

to 10 years

Service above 10 years : Four increments.

Demand No. 4: Varaible Dearness Allowances

(VDA):

Union demands that VDA shall be paid at the

revised rate of Rs. 3/- per point rise beyond 5000

points of AICPI (1960) the computation of VDA shall

be made quarterly based on the average consumer

point for the preceding quarter.

Demand No. 5: House Rent Allowance (HRA):

The union demands that HRA shall be paid at

the revised rate of 30% of basic, DA and VDA, as the

cost of accommodation is very high in Goa due to

Tourist State.

Demand No. 6: Education Allowance:

The union demands that all the workmen shall be

paid Education Allowance @ Rs. 2500/- per month.

Demand No. 7: Conveyance Allowance:

The union demands that all the workmen shall be

paid conveyance allowance @ revised rate by adding

Rs. 2500/- to the existing allowance.

Demand No. 8: Paid Holidays:

The union demands that all the workmen shall

be granted paid holidays at the rate of 15 days per

year.

Demand No. 9: Leave:

The union demands that all the workers should

be given leave on following basis:

(a)

Earned Leave: Union demands that all the

workmen should be given Earned Leave at

the rate of 35 days Earned Leave 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 of 15 days per year with

encashment facility.

(c)

Sick Leave: Union demands that all the

workmen covered under ESIC should be

given Sick Leave at the rate of 15 days per

year. And those workmen outside the

purview of ESIC shall be given 15 days Sick

Leave per year with accumulation up to

75 days.

Demand No. 10: Leave Travel Assistance:

The union demands that LTA should be paid at

the rate of one month gross wager per annum with

minimum of four days earned leave. The amount

shall be paid one week before the commencement

of leave.

Demand No. 11: Medical Reimbursement:

The union demands that those workmen who

are outside the purview of the ESIC, shall be

reimbursed full medical expenses incurred by them

for self and their family including dependent father

and mother.

Demand No. 12: Bonus/Ex-gratia:

The union demands that all the workers shall be

paid Bonus/Ex-gratia at the rate of 20% of gross

wages (Basic, FDA & VDA) every year, before 31st

May every year.

Demand No. 13: Shift Allowance:

The union demands that those workmen work in

the shifts shall be paid shift allowance as under:

Second Shift: Rs. 100/- per second shift.

Third Shift: Rs. 150/- per third shift.

Demand No. 14: Fixed Dearness Allowance (FDA):

The union demands that all the works shall be

paid FDA @ revised rate by adding Rs. 2500/- to

existing FDA.

Demand No. 15: Accident benefits while on

duty and while coming for duty and while going

home from duty:

The union demands that those workmen who

met with accident while coming for duty and going

back from the duty shall be treated as accident

while on duty and they shall be given all the

benefits such as full wages and full medical

reimbursement to the concerned workman.

Demand No. 16: City Compensatory Allowance

(CCA):

The union demands that all the workmen shall

be paid CCA at the revised rate by adding Rs. 1000/- to

the existing CCA.

Demand No. 17:

(1) Paternity Leave: Workmen should be given

10 days of paternity leave with full pay.

(2) Bereavement Leave: In case of death of any

family member, workmen should be given 12 days

Bereavement Leave with full pay.

(3) Applicability: The revision as per the COD

shall be applicable to all permanent workmen who

are the members of the Union and it shall also be

applicable to those probationers who would be

subsequently absorbed as permanent employees

and those employees who become the members of

the Union hereafter.

(4) Bandh Day: If any Union or workers or

agitations resort to Goa Bandh/Strike and the

workers are unable to reach the work place on

account of same, Company should take all

responsibility and provide free transportation to

the workmen to and from home to Company and

2282

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

back in the event the Company insists on running

the factory. If not, Company should give full pay on

such day.

(5) Short Leave: Short paid leave for 02 hours

which was being given for last many years and

withdrawn from the month of Dec. 2018 without

notice should be restored with immediate effect.

(6) Leave Encashment: Leave encashment should

be given on gross salary.

(7) Attendance Allowance: All the workmen

should be given Attendance Allowance as shown

below:-

(a) For 26 days present : Rs. 900/-

(b) For 24 days present : Rs. 700/-

(8) Medical Facility:

(a) All the workmen should be covered under

mediclaim policy up to 5 lacs and include spouse,

children upto the age of 25 years, father and

mother of the workmen is beneficiary of the said

scheme in addition Rs. 30 Lakhs corporate buffer

for all sum assured.

(b) All the workmen should be covered under

death insurance scheme of Rs. 20 Lakhs for any

kind of death.

accident insurance scheme of Rs. 15 Lakhs.

(d) If any workmen undergoes medical

treatment for any disease and remain absent on

duty due to sickness for long period, he should

be given full pay special leave till he resumes on

duty.

(e) Company should tie up to two standard

hospitals near Company to get immediate

treatment to the workmen in emergency.

(f) Company should make available of

ambulance for 24 hours in the Company’s

premises.

(g) Company should give medical help

including vehicle facility to the workman’s

family.

(h) Company should give Rs. 30,000/- as

emergency

medical

help

case

hospitalization/death of any family member.

(i) Company should arrange transport/air

ticket in case of emergency of workmen.

(9) Loan Facility:

(a) Personal Loan: All workmen should be

given interest free personal loan @ Rs. 10 times

gross salary. The amount of personal loan will be

repayable in easy monthly installments.

(b) Housing Loan: All workmen should be

given interest free Housing Loan of Rs. 10/- Lakhs.

The amount of Housing Loan will be repayable

in easy monthly installments.

(10) Other Facilities:

(a) Death relief fund: In case of death of

workmen during the service inside factory

premises or outside company, all the workmen

should contribute one day wages and the

employer should contribute an amount of Rs. 5/-

Lakhs contribution towards death relief fund and

such amount should be handed over to the legal

heirs of the deceased workmen.

(b) Festival Advance: All the workmen

should be given Rs. 25000/- as festival advance

once in a year.

one month’s gross salary should be given as gift

to him.

(d) Service reward: All the workmen should

be given service reward as shown below:

(i) Completion of

Rs. 15,000/-

05 years of service

(ii) Completion of

Rs. 20,000/-

10 years of service

(iii) Completion of

Rs. 25,000/-

15 years of service

(e) Performance Bonus: All the workmen

should be given Performance Bonus one gross

salary once in a year.

(f) Casual/helper should be provided wherever

required in production area.

(g) Housekeeping personnel should be

provided in each area for Housekeeping work.

(h) Birthday coupon price to be given Rs. 1,500/-.

(i) At a time workmen will operate only one

machine. The workmen should not be forced to

operate more than machine/other department,

as there will be chances of less production or

accident/incident.

(j) All the workmen should be given one

Raincoat or Umbrella in the first week of June

every year.

(k) Picnic: Company should arrange 03 days

overnight picnic out of Goa with proper quality

and standard arrangement in the month of July

every year for all workmen. If it is not possible

each workmen should be given Rs. 5,000/-

towards the picnic. If any workmen is required

to attend the duty on such days, he should be

given cash benefits as mentioned above.

(l) Family Day: Company should arrange Family

Day for all the workmen and their family member

in the month of November or once in every year.

If is not possible each workmen should be given

Rs. 10,000/- towards the picnic. If any workmen

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

2283

required to attend the duty on such days, he

should be given cash benefits as mentioned

above.

(m) Rest Room to be improved with well

equipment facility.

(n) Company should provide well-furnished

Union Office, Union Notice Board, Computer

equipment to do the Union work.

(o) Company should relieve unit Committee to

do Union work/attending meeting/training

programme etc. and grant them special leave for

the same.

(p) Checked by sign of the Operator should be

removed.

(q) Change the designation of the boiler

attendant as Factory and Boiler Rule.

(r) Maintenance Allowance: Maintenance

Allowance of Rs. 500/- should be given to

technicians who are working in engineering

department.

(s) Incentives: All workmen should give paid

1% of the profit share per annum.

(t) Punching Card: Provisions of punching card

should be near the Security Gate.

(u) Snacks: All the workmen should give free

snacks for 1st, 2nd and 3rd shift.

(v) Lunch and Dinner: All the workmen should

give free lunch for 1st Shift and Dinner for 2nd

Shift.

(w) For prevention from dust and heat the

Boiler workmen should provide the cabin for

their work.

(x) Period of Agreement will be for three years

only.

(y) Retrospective effect: All the above demands

should be given with effect from 01-04-2016.

(11) Transport Facility:

Existing facility of providing transportation in

all shifts should be given as:

(i) Verna Plant: Cortalim-Agassaim-Bambolim-

Panjim-Porvorim-Mapusa. Verna Plant-

-Margao KTC-Nuvem-Power House.

(II) Verna Plant-Birla Cross-New Wada Vasco-

-KTC Vasco-Sada Vasco.

(iii) Verna Plant-Titan-Kesarval-Loutolim-Ponda

City

(iv) General Shift Transport-Verna Plant-Ponda-

-Margao-Vasco-Panjim.

(12) Donation: The Company should deduct rise

of one month salary as per the agreement of each

employee and send the cross cheque of the total

amount to Bhartiya Kamgar Sena.

(13) Bonus Donation: 5% amount should be

deducted from the total amount of Diwali Bonus

from every employee and the cheque should be

sent to Bhartiya Kamgar Sena.

(14) Check of System: The annual Union

subscription of each member workman of the Union

should be deducted from the pay and the

consolidated amount of Rs. 240 + 60 = Total–300/-

(Rupees Three Hundred) subscription so collected

should be sent to Bhartiya Kamgar Sena by cross

cheque.

Demand No. 18:

Rs. 10,000/- (Rupees ten thousand only) be

granted to each of the worker w.e.f. 01-04-2016 by

way of Interim Relief pending finalization of the

Charter of Demands.

Demand No. 19:

In the night shift, the Management should give

15 minutes rest after every hour of working with a

reliever operator during the said period.

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

then, what relief the workers are entitled to?”

2. Upon receipt of the reference, it was registered

as IT/06/2021 and registered A/D notices were

issued to both the parties. Pursuant to service of

notices, Party I filed a Claim Statement at

Exhibit 7. Thereafter, the Party II filed its Written

Statement which is at Exhibit 8.

3. The brief facts of the present case is that the

Party I states that the Party II is in the business of

manufacturing generics, specially medicines and

bio-pharmaceuticals, improving the lives of the

patients and the Company operates worldwide

having many other markets around the world. The

Union Bhartiya Kamgar Sena is a registered Trade

Union duly registered under the Trade Union’s Act

with its registered Office at Mumbai and presently

represents all the workmen concerned in the

present dispute. The Party I is herein referred to as

“The Union” and the Union states that they have

formed a Unit Committee of the workers of M/s

Tevapharms Pvt. Ltd. who is Party II (for short “Goa

Unit”) which represents the workmen on the day to

day matters and issues relating to the grievance of

the workmen. The Union has its Committee

Members and it represents about 190 permanent

workmen on the Rolls of the Company and vide

letter dated 14-12-2019 the Party I Union had

communicated the formation of the Committee

Members to the Party II. The Company employs

more than 500 permanent workmen at their Factory

in Verna-Goa and the present dispute is in respect

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

of all the workmen employed at their Factory in

Verna-Goa.

4. The Union states that the Company has been

from the time the workmen became the members of

the Party I Union and they are attempting to disrupt

the unity of the workmen employed by the

Company who are members of the Union. The

Company has not formed Works Committee as

required under Section 3 of the Industrial Disputes

Act, 1947 inspite of having more than 500 workmen

on its Roll and also inspite of a request made by the

union through its local committee the Company

has been ignoring to declare the local Committee

Members whose names have been furnished to the

Company as ‘protected workmen’ on flimsy ground.

The Company has been harassing the workers in

some way or the other by following unfair labour

practices.

5. The Party I states that the Party II had

employed casual/temporary workers, Fixed Term

Contracts and through the Contractors, who are

doing regular work as is done by the Party I

workmen. The Party I states that such workers were

given artificial breaks in order to avoid making them

regular though they were doing regular jobs with

the Party II and further states that though the

workmen are designated as Associates, they are

doing the work of Operators/Technicians. The Party I

further states that around the year 2010, the Plant I

was expanded and additional machines were

installed to increase the production and that on

expansion, the Party II employed additional

Operators and workmen including temporaries for

manufacturing process. The Party I further stated

that the Party II took over another Company by

name M/s Watson Pharma Pvt. Ltd. in the year 2016

and called it as a Group of Teva and the process of

manufacturing in both the units are different but

the same are related to pharma products. The Party I

further stated that the Operators who were working

in Teva/Plant I were transferred to M/s Watson as

and when required and that four workmen of the

party II became the members of the Gomantak

Mazdoor Sangh in the year 2014 and in the year

2018 around 25 more workmen of Party II became

members of the said Sangh and the said Sangh

submitted the Charter of Demands.

6. It is further stated that the party II was not

resolving the individual grievances of the workmen

and as such the workmen of Party II became the

Members of the said Sangh, and the said Sangh

vide its letter dated 01-7-2014 informed the Party II

of joining of the workmen. The Sangh submitted a

Charter of Demand (CoD) on the Management of

the Party II vide its letter dated 01-10-2016. However,

the Party II did not discuss the matter with the

Sangh on the said issue and as such the Sangh took

up the matter of CoD before the Labour

Commissioner, Panaji-Goa for intervention. The

workmen resigned from the said Sangh and joined

the Bhartiya Kamgar Sena of the Party I Union and

the union thereafter submitted its fresh Charter of

Demand as the said Sangh had withdrawn its

Charter of Demands.

7. The Party I further stated that the Party II

presently employs more than 500 workmen on

regular basis besides casuals, temporaries, Fixed

Term Contracts employees etc. and the management

adopted an adamant stance, refusing to negotiate

on the Union’s Charter. The management, however,

revised the wages and special allowance of the

Associates who are not members of the Party I Union

in order to prevent them from joining the Party I

union thereby adopting unfair labour practices. The

Party I states that the matter of Charter of Demands

was taken up for discussions by the Dy. Labour

Commissioner and Conciliation Officer, Panaji-Goa

but the Party II did not attend any of the

proceedings before the Dy. Labour Commissioner

and Conciliation Officer, Panaji-Goa. Thereafter, the

Party I Union called upon the Conciliation Officer

to admit the Charter of Demands in conciliation

and to bring about an amicable settlement on the

said demands at the earliest, to avoid any industrial

unrest. After several meetings were conducted by

the Conciliation Officer, the matter was admitted

in conciliation on 09-07-2020 and recorded a failure

of conciliation and the Failure Report was sent to

the appropriate Government on 12-11-2020.

8. Party I further stated that in the meantime the

Management commenced harassment and

victimization of the Committee Members as well as

other members of the Union in various ways without

any provocation from the workmen and the Party

II also commenced employing more and more

operators as Apprentices who were actually

working as regular Operators employed to carry on

the exact same duties as regular Operators in

regular production jobs in all the three shifts with

a view to create a fairly large work force of non-

members of the union in order to break the unity of

the regular workmen. It is also stated that the

Management of Party II also kept on delaying the

negotiations on the Charter of Demands on flimsy

grounds until when the Conciliation Officer

recorded a failure of conciliation ex-parte and

submitted his Failure Report to the Appropriate

Government. Thereafter, the Government of Goa on

receipt of the report of the Conciliation Officer was

pleased to refer the Charter of Demands raised by

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

2285

Party I to this Tribunal. The Party I has also

mentioned the detailed existing conditions of

service vis-à-vis their demands and prayed that the

same be granted.

9. In the Written Statement the Party II has raised

objections stating that the entire claim of the Party I

Union is bad in law and not maintainable as the

Party I has no locus standi to raise the Charter of

Demands as none of the workmen who are members

of the said Union and on this ground itself the

reference needs to be rejected. The Party I Union is

not registered in Goa as it is registered in Mumbai

and therefore the said Union has no locus standi to

raise an industrial dispute with reference to any

workmen of Goa. Shri Vinayak Patil who has signed

the Claim Statement has no locus standi to sign the

Statement of Claim as no authority can be given by

the Union to said Vinayak Patil. It is also their

objection that the entire reference is not

maintainable and bad in law as no evidence was

brought by the union before Conciliation Officer or

Government showing concrete and reliable

evidence that the Company was bound to concede

the Charter of Demands raised by the Union.

10. The Party II states that they have given all

the justification to the various demands made by

the Party I and the said demands are not

maintainable and prays that reference be rejected.

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

the case put forth by Party II in the Written

Statement.

12. During the pendency of the present reference

both the Parties filed an application for Award in

terms of settlement along with the terms of

settlement at Exhibit 10 Colly stating that they

have arrived at a settlement under Section 12(3) of

the Industrial Disputes Act, 1947 and prayed that

an Award be passed in terms of the said settlement

dated 06-06-2022 before the Commissioner, Labour

and Employment, Government of Goa, Panaji.

13. The above application has been signed by

representative of Party I, Dr. Raghunath Kuchik,

General Secretary of the Union, Mr. Shankar Pandit,

Executive Member of the Union and the members

of the Local Committee, so also the representative

of Party II, Mr. Michiel Wisburn, Site General

Manager, Mr. Vinod Shetty, Sr. Director-HR,

Mr. Gajanan Gawas, Director-HR, Ms. Shaari Jayesh ,

Manager-Total Rewards and Ms. Gaury Kamat, Sr.

Manager-HR. An amicable settlement was arrived

between both the Parties on the following terms

and conditions:

1.0 Objectives, intent and purpose of this

Memorandum of Settlement:

Objectives, intent and purpose of this

Settlement is to provide orderly, effective and

harmonious industrial relations through

collective bargaining as per applicable law, to

maintain cordial and meaningful relations

between the Company and the workmen, to

maintain fair wage and service conditions, to

ensure prompt and fair redressal of grievances,to

foster positive discipline and total observance

of all rules and regulations in the Company, to

sustain and improve efficiency, smooth and

uninterrupted operations in the manufacturing

facility of the Company and to increase individual

and overall collective productivity and also

ensuring the welfare of the workmen.

1.1 The workmen and Company agree to render

complete, wholehearted and unstinted

co-operation in improving productivity and to

improve continuously the quality of the

Company’s products and to ensure on-time

delivery. This will support Company to achieve

the competitive status, improving efficiency and

productivity.

1.2 To re-dedicate and re-affirm our mutual

faith to work together for the continuous stability,

growth and profitability so that Company

becomes world class organization, serve our

patients worldwide, develop technologies both

related to process and products and achieve

targets of the Company.

1.3 The Parties will co-operate in securing

improvements in overall productivity and

avoiding all forms of waste including waste of

time, materials and all wasteful practices. For

achieving the above objectives, to sustain and

improve the competitive status of the Company,

effectively respond to and satisfy customer needs

and to improve its production and earning

capacity, and pledge to foster and encourage

highest degree of co-operation between Company

and their workmen at all levels.

1.4 It is the intent and purpose of the Parties

hereto that under the existing highly competitive

conditions in the industry, all efforts will be

directed at maximizing production/productivity,

quality, containing the manufacturing costs at

appropriate levels and eliminating all wasteful

practices and, there shall be appreciation of

obligations from both the Parties.

2.0 Management Role:

The management of the Company will provide

directions and long-term perspective for the benefit

of the Company and its workmen.

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Below

will

consider

Management

responsibilities:

I. Adequate long term and short term

planning;

II. Required capital expenditure and capex,

equipment etc.

III. Development and sufficient provisions of

vital infrastructure facilities such as space

and power, development and management

of sources of raw material/supplies of input

to the production unit; and

IV. An adequate manpower planning and

governance of the employee.

3.0 Employee Role:

While discharging their responsibilities through

their sufficient and effective performance, below

will consider as Employee roles and responsi-

bilities:

I. The workmen shall co-operate in all

initiatives such as:

Lean supply chain management, modernization,

change in technology, and manufacturing

processes, contemporary management techniques

and practices and optimizing the use of men,

material and machinery, implementation safety

measures and using safety appliances, personal

protection equipment’s (PPE) etc.

II. Workmen agree jointly and severally to

extend their full co-operation to the Company in

improving effective working time, enforcing

discipline, improving the efficiency, maintaining

punctuality and regularity in attendance.

III. Improving quality and safety work practices

consistently and eliminating wastages and

unproductive practices which will hamper

production/productivity.

4.0 Collaborative Efforts:

Both the Parties will maintain harmonious,

industrial relations, healthy practices and

commitment.

For any differences both the Parties will resolve

the differences, if any for successfully steering the

Company to establish growth and attain an enviable

position in the industry. Both Parties firmly believe

that joint efforts, will enable them to attain their

cherished goals.

5.0 Applicability:

5.1

The provisions of this settlement shall be

applicable to all permanent workmen who are the

members of the Union and were on the rolls of the

Company on the date of submission of the COD

dated 19-01-2019 as per list attached as Annexure

A. Any confirmed employees who were part of the

COD dated 19-01-2019 and has ceased to be in

employment for any reasons, during the term of the

settlement, will also be entitled for the benefits

proportionate to the period of service rendered

during the period of this settlement. Such workmen

shall be paid actual arrears in full and final

settlement of all their dues arising out of this

settlement. An application will be obtained from

such workmen through the Union for claiming the

amount of arrears.

5.2 It is further agreed between the Parties that

the provisions of this settlement, however, shall not

be applicable to the workmen employed by any of

the Contractors or those who are employed as

retainer/consultant or casual/temporary/part time

workmen for whatsoever job work in whatsoever

capacity, they are engaged.

5.3 It is agreed between the parties that if any

employee has joined this Union at any time on or

before 01-04-2019 and after up to 31-03-2022, shall

also be given the Scale of Pay and fitment as agreed

in this settlement. It is, however, clarified that if

any workmen has taken the benefits of increments

from the management before joining this Union,

such workmen shall be fitted in the Scale of Pay

and given benefits of this settlement and any such

increment given can be adjusted while making

fitment. It is also agreed that the benefits of this

settlement shall not be applicable to those workmen

who have resigned from the Union and/

/or who have been removed by the Union during

the period 01-04-2019 to 31-03-2022.

6.0 Emoluments & Costing of this Memorandum

of Settlement:

The total costs of the settlement was arrived at

an average payout payable during the term of three

years settlement tenure at 03 (Three) groups

identified on the basis of employment tenure/

/experience and/or seniority as mentioned in Clause

6.1 of this settlement.

Tenure of Settlement:

The settlement shall remain effective from 1st

April, 2019 till 31st March, 2022 and shall continue

to remain in force thereafter until such time it is

validly terminated by either of the Party as per the

provisions of the Industrial Disputes Act, 1947.

It is agreed between the Parties that the arrears

arising out of this settlement from 1st April, 2019

till 31-03-2022 shall be paid to those workmen who

are mentioned in Clause 5.0 of this settlement as

per Annexure A. The said payment shall be subject

to any deductions under the prevailing laws and

OFFICIAL GAZETTE — GOVT. OF GOA

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2287

will be paid within two months from signing of this settlement. The details of the working will be made

available to the Union. The Company shall recalculate the overtime wages based on the revised salary

and the difference in O.T. shall be paid alongwith the arrears under this settlement.

Any tax liability arising from any payments or other benefits introduced or revised under the settlement

will be as per the Income Tax Act, 1961 and will be borne by the respective employee/workmen.

6.1 BASIC PAY AND FITMENT:

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

this settlement. This new pay scale was arrived at a discussion between the Union and Management on

6th May 2022 at Goa and has been mutually agreed by both the Parties.

3000-650-6250-675-9625-700-13125-725-16750-750-20500-775-24375-800-28375-825-32500 (Workmen

reaching the last basic in the scale shall be given additional Rs. 100/- in the last drawn increment).

Each permanent employee on the rolls of the Company and who are part of this Memorandum of

Settlement shall be given a rise in their existing Basic pay w.e.f. 1st April, 2019 to 31st March, 2022 for

period of three years as per the table below.

Group

Classification

W.e.f.

1st April, 2019

1st April, 2020

1st April, 2021

6 Years & above

Rs. 2625/- per month

Rs. 1575/- per month

Rs. 1050/- per month

+ Annual Increment

+Annual Increment.

3 to 6 Years

Rs. 2375/- per month

Rs. 1425/- per month

Rs. 950/- per month

+ Annual Increment

+ Annual Increment.

III

0 to 3 Years

Rs. 1750/- per month

Rs. 1050/- per month

Rs. 700/- per month

+ Annual Increment

+ Annual Increment.

On adding the above amount into the existing Basic Pay (drawn in March 2019), the basic salary so

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

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

is agreed between the Parties that the Additional Basic Pay of the first year i.e. 01-04-2019 shall be added

to the fitment money of the second year i.e. 01-04-2020 and fitted at the respective step in the Scale of

Pay and residue amount in the second year shall be taken as additional basic pay. Similarly the additional

basic pay of second year shall be added to the fitment amount of the third year i.e. 01-04-2021 and fitted

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

Additional Basic Pay. This additional basic pay shall be considered for calculating all benefits such as

overtime wages, provident fund, statutory bonus, & gratuity.

6.2 Flat Rise:

This demand is dropped by the Union on account of overall increase in Basic Fitment as per Clause

6.1 of this settlement.

6.3 Seniority Increment:

This demand is dropped by the Union on account of overall increase in Basic Fitment as per Clause

6.1 of this settlement.

6.4 Variable Dearness Allowance:

This demand is dropped by the Union on account of overall increase in Basic Fitment as per Clause

6.1 of this settlement.

6.5 House Rent Allowance:

Each permanent workman on the rolls of the Company and who are part of this Memorandum of

settlement shall be given a rise in their existing House Rent Allowance w.e.f 1st April, 2019 as per the

below table:

Group

W.e.f.

1st April, 2019

1st April, 2020

1st April, 2021

Rs. 1313/- per month

Rs. 788/- per month

Rs. 525/- per month.

Rs. 1188/- per month

Rs. 713/- per month

Rs. 475/- per month.

III

Rs. 875/- per month

Rs. 525/- per month

Rs. 350/- per month.

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6.6

Education Allowance:

It is agreed between the Parties that the prevailing practice shall continue in respect of education

allowanceand there shall be no change in education allowance.

6.7

Conveyance Allowance:

Each permanent workman on the rolls of the Company and who are part of this Memorandum of settlement

shall be given a rise in their existing Conveyance Allowance w.e.f. 1st April, 2019 as per the below table:

Group

W.e.f.

1st April, 2019

1st April, 2020

1st April, 2021

Rs. 525/- per month

Rs. 315/- per month

Rs. 210/- per month.

Rs. 475/- per month

Rs. 285/- per month

Rs. 190/- per month.

Rs. 350/- per month

Rs. 210/- per month

Rs. 140/- per month.

6.8 Special Allowance:

Each permanent workman on the rolls of the Company and who are part of this Memorandum of

settlement shall be given a rise in their existing Special Allowance w.e.f. 1st April, 2019 as per the below

table:-

Group

W.e.f.

1st April, 2019

1st April, 2020

1st April, 2021

Rs. 788/- per month

Rs. 473/- per month

Rs. 315/- per month.

Rs. 713/- per month

Rs. 428/- per month

Rs. 285/- per month.

III

Rs. 525/- per month

Rs. 315/- per month

Rs. 210/- per month.

6.9 Paid Holidays:

It is agreed between the Parties that the

prevailing practice shall continue in respect of paid

holidays and there shall be no change in paid

holiday.

6.10 Leave:

It is agreed between the Parties that 30 days

Privilege earned and accumulation upto 45 days

leave shall continue as per existing leave policy of

the Company in respect of leave and therefore the

demand for Casual Leave & Sick Leave stands

dropped by the Union.

6.11 Leave Travel Assistance:

It is agreed between the Parties that the

prevailing practice and policy of the Company shall

continue in respect of leave travel assistance and

demand of additional leave travel assistance is

dropped by the Union. Further, the current practice

of linkage of LTA to Basic pay is removed and the

LTA will remain a flat amount at the current level.

6.12 Medical Reimbursement:

It is agreed between the Parties that the

prevailing practice and policy of the Company shall

continue in respect of Medical facility and

additional demand is dropped by the Union.

6.13 Bonus/Performance Bonus:

The Payment of Bonus shall be as per the

provisions of the Payment of Bonus Act, 1965 and

the rules made thereunder. In respect of the workers

who fall outside the purview of the Payment of

Bonus Act, the Union may raise a separate demand

as per 2018 Annual Bonus Policy of the company

declared by CEO as amended from time to time.

6.14 Shift Allowance:

The Union has agreed and dropped the demand

of shift allowance.

6.15 Fixed Dearness Allowance:

In view of the revision given the Union does not

press this demand and is dropped.

6.16 Accident Benefits/Medical Facility:

The Union has agreed to drop these demands in

view of the prevailing policy of the Company for

payment of accident benefits to the workmen and

his family wherever applicable.

6.17 City Compensatory Allowance:

The Union has agreed and dropped city

compensatory allowance.

6.18 Paternity Leave:

It is agreed between the Parties that the

prevailing practice of the Company shall continue

in respect of this demand and Union has agreed to

drop the demand of revision in Paternity leave.

6.19 Breavement Leave:

It is agreed between the Parties that the

prevailing practice shall continue in respect of

bereavement leave and Union has agreed to drop

the demand of revision in bereavement leave.

6.20 Bandh Day:

Both the Parties have mutually agreed that there

OFFICIAL GAZETTE — GOVT. OF GOA

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2289

will be no Bandh day and the Union has agreed

and dropped this demand.

6.21 Short Leave:

It is agreed between the Parties that theCompany

shall give short leave of two hours for early going

or late coming in a month, post approval of

respective shift In-charge or Manager or

Director HR.

6.22 Leave Carry Forward & Encashment:

It is mutually agreed between the Parties that

the prevailing practice of Leave carry forward and

Leave encashment policy shall continue unaltered.

6.23 Attendance Allowance:

The Union has agreed and dropped this demand.

6.24 Loan Facility:

The Union has agreed and dropped this demand

with respect to Personal and Housing Loan.

6.25 Death Relief Fund:

The Union has agreed and dropped the demand

for death relief fund.

6.26 Festival Advance:

The Union has agreed and dropped the demand

for festival advance.

6.27 Marriage Gift:

It is agreed between the Parties that the

prevailing practice shall continue in respect of this

demand and the existing demand of the Union

related to marriage gift is dropped.

6.28 Service Award:

It is mutually agreed between the Parties that

the prevailing long service recognition declared in

item No. 12 of HR Policy Manual of the Teva India

shall be applicable to these workmen. The arrears

in the respect of earlier period shall also be paid to

the workmen wherever applicable.

6.29 Picnic:

It is mutually agreed between the Parties that

the prevailing practice should continue.

6.30 Family Day:

It is mutually agreed between the Parties that

the prevailing practice should continue.

6.31 Maintenance Allowance:

The Union has agreed and dropped the demand

of maintenance allowance.

6.32 Incentive:

The Union has agreed and dropped the demand

of Incentive.

6.33 Punching Card:

It is mutually agreed between the Parties that

the prevailing practice shall continue in respect of

this demand.

6.34 Snacks:

It is mutually agreed between the Parties that

the management shall also provide free snacks and

tea in the first shift.

6.35 Lunch & Dinner:

It is mutually agreed between the Parties that

the prevailing practice shall continue in respect of

this demand.

6.36 Transport Facility:

It is mutually agreed between the Parties that

the prevailing practice shall continue in respect of

this demand.

6.37 Donations, Bonus Donation, Cheque

System:

Based on mutual discussions between the Parties ,

the Union has dropped the demand.

6.38 General Provisions:

a) The Union and the workmen has specifically

agreed to implementation of various requirements/

procedures under FDA regulations, GMP, EHS,

Factories Act, 1948, Industrial Dispute Act, 1947

and gowning procedures and personal hygiene etc.

without affecting the jobs of the workmen.

b) This settlement is in full and final settlement

of all demands raised by the Union, which are not

specifically dealt with or not pressed in this

Memorandum of Settlement shall be treated as

settled.

c) The Union and the workmen individually,

jointly or through any other union or agency, agree

not to raise or pursue any dispute in respect of any

demands covered under this Memorandum of

Settlement, whether specifically covered or not

pressed or withdrawn in this Memorandum of

Settlement and further agree not to raise any

demands which are settled under this settlement

on behalf of these workmen involving any financial

burden or otherwise on the Company, directly or

indirectly during the currency of this settlement.

The Company agrees not to raise or pursue any

dispute specifically covered or withdrawn during

the currency of this Memorandum of Settlement.

d) Both the Parties agree that in case of any

individual/group grievances, every effort will be

made to resolve it in the first place by mutual

discussion between the Parties in accordance with

the law and without either Party resorting to any

unilateral action. It is also agreed between the

Parties that in the event they do not arrive at a

mutually acceptable solution, both the Parties will

follow methods for the settlement of dispute as per

prevailing laws.

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e) It is expressly understood by the Union and its

workmen that all the prevalent service conditions

and benefits under the policies of the Company

shall continue to remain unaltered other than

specified, discussed and documented, and the Union

and the workmen agreed to abide and follow these

conditions for the overall efficiency of the

manufacturing facility and the Company.

f) It is understood by the Union and the workmen

that any rules and regulations, company policy of

Teva with all upward revisions, existing practices,

privileges, terms and conditions currently prevailing

in the Company as a matter of policy or statute

which have not been expressly altered as a result

of this Memorandum of Settlement shall continue

to remain in force and the union, its workmen and

Company shall abide by the same. Any such

alterations which do not prejudice the terms and

conditions of this Memorandum of Settlement shall

be followed by the Parties. Similarly any statute

modified or introduced by the Government during

the tenure of this settlement and which is beneficial

shall be complied by the Company as well as union

and its workmen.

g) The Union and the workmen appreciate that

it is essential to improve and maintain the

competitive status and profitability of the Company

and reduce the costs as an ongoing exercise. The

Union and the workmen shall continue to adhere to

all measures adopted by the Company from time to

time which do not affect the service of these

workmen towards this goal including but not

limited to:

I. Introduction of new and/or improved methods

and machinery, restructuring, re-allocation or

re-organization, flexibility of manpower allocation

and method simplification or modification or

improvement in various inputs directly or through

SOP from time to time as appropriate.

II. It is agreed that workmen shall work in any

section/department in the same grade/designation

as per the requirements of the Company. The

Company may also depute workmen in other

department on any other job than currently handle

by him/her for upgradation of his/her skills or due

to exigencies of work or as per requirements of the

Company. However, such deputation does not affect

the job which the workmen carry on.

III. It is also agreed that safety of plant/

/machinery/equipment and personnel is of

paramount importance and both Parties shall

protect under all circumstances. The workmen shall

ensure at all times wearing of personal protective

equipment’s wherever required as per safety norms

required for personal safety and as per applicable

safety guidelines of the Company.

IV. It is agreed that the Works Committee of 20

employees is deemed to be constituted. The

workmen whose names will be given are the

representatives of the Union on the Works

Committee. The Company shall nominate 10

employees as their representatives on the said

Committee. The Chairman of the Works Committee

shall be representative nominated by the Company.

This committee shall meet at regular intervals as

decided. The works committee shall use this

platform to debate and address all shop floor related

process

improvement

initiatives,

quality

enhancement drives, safety issues and any other

general or specific employee issues if any. The

minutes of the discussions in the works committee

shall be recorded and signed by all the members of

works committee on the day of the meeting.

V. The concerned workmen shall handover proper

charge at workplace during change over from one

shift to another. It is also agreed that all workmen

will adhere to the shift timings by starting the

work on time and not leaving the place of work

until and unless he/she is relieved by the next shift

operator.

VI. It is agreed that the workmen will adhere to

all the rules and regulations of the cafeteria/

/canteen timings and shall not remain in canteen/

/area beyond permissible time.

VII. It is agreed that the workmen shall adhere

to staggered lunch and dinner breaks by relieving

its team mate and/or colleague and shall ensure no

work stoppage and/or machine stoppage caused

on account of lunch and dinner breaks.

VIII. It is also agreed that all workmen will attend

on duty training programs they are nominated as

per the Company’s training and development plans

and/or as per GMP requirements complying to SOP’s

and training policy.

IX. Both the Parties have mutually agreed that

any retrospective amendment in the charter of

demands attached herewith as Annexure A will

not be considered and Annexure A as agreed in

this Memorandum of Settlement shall be valid and

binding. Management in consultation with the

Union/Local Committee to do required changes in

Annexure-A to comply with any retrospective

statutory legal requirement; however the amount

as agreed between the Parties will not change due

to such retrospective changes.

X. Movement in Groups:-

It is agreed between the Parties that as and when

any workmen crosses the working years of service

OFFICIAL GAZETTE — GOVT. OF GOA

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2291

in a particular group, such workmen shall be elevated in higher group and shall be paid wages as per

the said higher group.

XI. Protected Workmen:-

It is agreed between the Parties that first five Local Committee Members of the Union whose names

are furnished by the Union vide its letter dated 9th March, 2022 shall be deemed to be Protected Workmen

for the years 2021/22 and 2022/23. It is also agreed that the Company shall declare first five local

Committee Members of the Union as Protected Workmen for subsequent years as per the request of the

Union within 15 days of such request failing which the said workmen shall be deemed to be protected

workmen.

XII. Pending Legal Matters:-

It is agreed between the Parties that all the legal matters pending before various authorities, which

are specifically not resolved under this settlement, will be continued.

XIII. It is agreed between the Parties that in respect of revision of wages of the four workers for the

period 1st April, 2016 to 31st March, 2019, the Company has decided to provide an increment as highlighted

below:-

Empoyee

Employee

Amount to be added effective

name

1-04-2018 to special allowance

154333

Vithal Patil

4.5% of salary as on 31-03-2018.

154331

Vinayak Shivaji Patil

5% of salary as on 31-03-2018.

184735

Satish Wadkar

7% of salary as on 31-03-2018.

154330

Yogesh Ingale

5% of salary as on 31-03-2018.

The said increment amount will be added in the special allowance effective 1st April, 2018 and arrears

upto date will be paid. In view of the above settlement, the parties shall make an application in Reference

No. IT/06/21 for no dispute Award. Both the Parties agree that no further demands or claim will be re raised

for the above said period which is covered under Reference No. IT/06/21.

13. I have gone through the records of the case and the above Memorandum of Settlement which are

duly signed by both the Parties and I am convinced that the consent terms filed by the Parties are just

and fair and are in the interest of the Workmen/Party I and the Employer/Party II and therefore, the same

are accepted.

Accordingly, I pass the following Order:

O R D E R

(i) The reference stands disposed off in view of the consent terms filed by both the Parties at Exhibit

10 Colly.

(ii) No order as to cost.

(iii) Inform the Government accordingly.

Sd/-

(Bela N. Naik),

Presiding Officer,

Industrial Tribunal

and Labour Court.

————

Order

No. 28/18/2022-LAB/519

Whereas, the Government of Goa is of the opinion that an industrial dispute exists between the management

of M/s. Devyani Foods Industries Limited, Tisk, Usgao, Ponda, 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

2292

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

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. Devyani Foods Industries Limited, Tisk, Usgao,

Ponda, Goa in not conceding the following demands

raised by the Goa Trade & Commercial Workers’

Union, vide it’s letter dated 15-11-2021, is legal and

justified?

CHARTER OF DEMANDS

1. FLAT-RISE IN THE BASIC SALARY:

That each worker be paid a sum of Rs. 2500/- as

Flat-Rise in the basic salary as on 01-04-2021. The

total basic salary as on 31-03-2021 PLUS the

Flat-Rise of Rs. 1500/- per month be placed in the

pay-scales given below and fitted in the appropriate

stage with effect from 01-04-2021.

Grade Category

Pay-Scales

Sr. Supervisor/

3500-285-4925-315-

Supervisor

-6500-345-8225-

375-10100-410.

Line Supervisor/Store

3200-255-4475-285-

Supervisor

-5900-315-7475-345-

-9200-375.

III

Operator/Asst.

2900-225-4025-255-

Operator/Asst. Operator -5350-285-6775-315-

Maintenance, Asst.

-8350-345.

Operator Despatch/

Despatch Executive

Jr. Technician/Operator/

2600-195-3575-225-

/Helper, Packer, other

-4700-255-5975-285-

equivalent designation, -7400-315.

etc.

2. FIXED DEARNESS ALLOWANCE (FDA):

That with effect from 01-04-2021 each worker be

paid Rs. 2500/- per month towards Fixed Dearness

Allowance (FDA).

3. VARIABLE DEARNESS ALLOWANCE (VDA):

That with effect from 01-04-2021 each worker be

paid a Variable Dearness Allowance @ Rs. 2/50 per

point rise over and above base 4500 points AAICPI

(1960=100). The Variable Dearness Allowance (VDA)

should be revised once every quarter (once in three

months).

4. HOUSE RENT ALLOWANCE (HRA):

That with effect from 01-04-2021 each worker be

paid an additional amount of Rs. 2000/- in the existing

House Rent Allowance (HRA).

5. SPECIAL INCREMENTS:

That with effect from 01-04-2021 all the workers

be made eligible to the following Special Increments

on the basis of their seniority:

(i) Those who have completed 1 to 5 years as on

31-03-2021 shall be paid one extra special increment.

(ii) Those who have completed 5 to 10 years as on

31-03-2021 shall be paid two extra special increments.

(iii) Those who have completed 10 to 15 years as

on 31-03-2021 shall be paid three special increments.

(iv) Those who have completed 15 to 20 years as

on 31-03-2021 shall be paid four special increments;

and

(v) Those above 20 years of service and above shall

be paid five special increments with effect from

01-04-2021.

6. CONVEYANCE ALLOWANCE:

That with effect from 01-04-2021 each worker be

paid an additional amount of Rs. 750/- per month over

and above the existing Conveyance Allowance.

7. EDUCATIONAL ALLOWANCE:

That with effect from 01-04-2021 each worker be

paid an amount of Rs. 750/- per month towards

Educational Allowance.

8. MEDICAL ALLOWANCE:

That each worker be paid an additional amount

of Rs. 800/- per month over and above the existing

Medical Allowance.

9. CANTEEN ALLOWANCE:

That with effect from 01-04-2021 each worker be

paid an amount of Rs. 1000/- per month towards

Canteen Allowance.

10. UNIFORMS & WASHING ALLOWANCE:

That each worker be issued 2-sets of uniforms

every year and that with effect from 01-04-2021 each

worker be paid a sum of Rs. 750/- per month towards

Washing Allowance.

11. SHIFT ALLOWANCE:

That with effect from 01-04-2021 each worker be

paid a Shift Allowance @ Rs. 100/- per shift for 2nd

shift worked; and Rs. 150/- per shift for work done in

3rd shift.

12. LEAVE FACILITIES:

That with effect from 01-04-2021 each worker be

made eligible for the following Leave Facilities:

(a)

Privilege Leave :

25-days per annum with a

facility to accumulate upto

100 days and encashed.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

2293

(b)

Casual Leave

8-days per annum with a

facility to accumulate

upto 30 days.

(c)

Sick Leave

8-days per annum with a

facility to accumulate

upto 30 days.

(d)

Holidays

10-days per annum to be

discussed.

13. LEAVE TRAVEL ALLOWANCE:

The Union call upon the Management to pay the

following Leave Travel Allowance for a calendar year,

with effect from 01-04-2021 onwards:

Grade-I

Rs. 10,500/-

Grade-II

Rs. 9,500/-

Grade-III

Rs. 8,500/-

Grade-IV

Rs. 7,500/-

14. PROMOTIONS:

All those workers who have stagnated in same

grade for 5-years and above without promotions, be

promoted to next higher grade.

15. SAFETY SHOES & UMBRELLAS/RAIN-COATS:

That 2-pairs of safety-shoes, umbrellas and rain-

-coats be issued to all workers every year without

any discrimination.

16. MEDICAL FACILITIES/HEALTH & SAFETY:

(i) Those workers who meet with accidents “in

course of employment” ought to be paid full

wages by the Company as though he/she is on

duty. The worker should also be paid all the

medical expenses until he/she fully

recuperates/recovers. All the workers should

also be provided proper safety equipment while

working at the shopfloor.

(ii) Those workers who cross the threshold of ESIS

coverage ought to be paid a Medical Allowance

@ 4.75% of the gross salary per month and be

eligible to 15-days paid sick-leave.

(iii) Every worker ought to be insured under Group

Personal Accident Insurance Scheme to the

extent of four (4) lakhs.

(iv) Emergency exit

The Company should maintain an impediment–

free Emergency Exit in the Company for the

workmen to come out from the premises during

emergencies. Presently, the main doors of the

company are either closed or loading is done at

the main doors.

17. LOAN FACILITY:

Every worker ought to be eligible to an Interest-

Free Loan of Rs. 50,000/- (Rupees fifty thousand only)

to be deducted and repaid in 50-equal installments.

18. DEATH RELIEF:

In case of death of any workman, he/his/her family

be provided with one time Death Relief of Rs. 25,000/-.

19. INTERIM RELIEF:

Pending discussions, negotiations or adjudication

process on above demands, each of the workman be

paid a sum of Rs. 5,000/- per month as an Interim Relief

to be adjusted from the final settlement.

(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, 26th September, 2022.

———uuu———

Department of Law & Judiciary

Law (Establishment) Division

––––

Notification

No. 14/17/2022-LD (Estt.)/1544

The following Notification No. P.0703/2022 dated

17-08-2022 which has been issued by the High Court

of Judicature at Bombay, is hereby published for

general information of the public.

By order and in the name of the Governor of

Goa.

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

Porvorim, 28th September, 2022.

Notification of the High Court of Judicature at

Bombay

No. P-0703/2022— In exercise of the powers

conferred under Section 5(1) and (2) of the Right to

Information Act, 2005 read with Rule 15 of the

Bombay High Court Right to Information (Revised)

Rules, 2009 and in partial modification of the

Notification dated 25 February, 2019 the Hon’ble

the Chief Justice is pleased to designate Shri G.G.

Bhansali, Registrar (Judicial), High Court of Bombay

at Goa, Panaji as First Appellate Authority in place

of Shri K.A. Bagi, the then First Appellate Authority,

High Court of Bombay at Goa, Panaji.

Sd/-

High Court of Bombay (M.W. CHANDWANI),

at Goa, Panaji

Registrar General.

Date: 17th August, 2022.

2294

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 27

6TH OCTOBER, 2022

Department of Personnel

––––

Order

No. 7/17/2022-PER/3223

Ms. Mamu Hage, IAS, Collector (North) shall hold

the charge of Chief Executive Officer of Imagine

Panaji Smart City Development Ltd., in addition to

her own duties, w.e.f. 01-10-2022.

By order and in the name of the Governor of

Goa.

Eshant V. Sawant, Under Secretary (Personnel-I).

Porvorim, 27th September, 2022.

————

Order

No. 6/5/2011-PER/3279

Shri Amitesh A. Shirvoikar, Chief Officer, Mapusa

Municipal Council shall hold the charge of the post

of Under Secretary, Goa Staff Selection Commission

in addition to his own duties with immediate effect.

This issues with the approval of Goa Services

Board.

By order and in the name of the Governor of

Goa.

Nathine S. Araujo, Under Secretary (Personnel-II).

Porvorim, 29th September, 2022.

———uuu———

Department of Public Health

–––

Order

No. 4/13/2020-II/PHD/1557

Read: Memorandum No. 4/13/2020-II/PHD/944 dated

23-06-2022.

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

I/5/30(3)/2020/120 dated 31-05-2022, Government is

pleased to appoint Dr. Mahadev alias Suviraj Vinayak

Parmekar to the post of Assistant Professor in the

Department of Neuro-Surgery (Group “A” Gazetted)

under the Goa Medical College, Bambolim-Goa on

temporary basis in the Level-11 of Pay Matrix of 7th

Pay Commission [Pay Band-3 Rs. 15600-39100 +

Grade Pay of Rs. 6600/- (pre-revised)] with

immediate effect and as per the terms and

conditions contained in the Memorandum cited

above.

Dr. Mahadev alias Suviraj Vinayak Parmekar shall

be on probation for a period of two years.

Dr. Mahadev alias Suviraj Vinayak Parmekar has

been declared medically fit by the Medical Board

and his character and antecedents has been verified

by the Additional Collector (North), Panaji-Goa and

there is nothing adverse on intelligence records

against the said Doctor.

The appointment is made against the vacancy

occurred due to creation of additional posts of

Assistant Professor in Goa Medical College vide

Order No. 4/1/2018-II/PHD/1195 dated 14-08-2019

and allotted 02 posts of Assistant Professor in the

Department of Neuro-Surgery, Goa Medical College

vide Order No. 4/1/2018-II/PHD/Part-I/3383 dated

23-10-2020.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 28th September, 2022.

———uuu———

Directorate of Skill Development and

Entrepreneurship

––––

Order

No. 2/123/2018-SDE/EST/PART FILE/1832

On the recommendation of Goa Public Service

Commission vide their communication No. COM/

/II/11/60(1)/2014/237 dated 26-08-2022, Government

is pleased to promote Shri Ramesh Velip, Group

Instructor, to the post of Principal-Jr. Scale (Group

“B” Gazetted) (ST Category) in the pre-revised pay

scale of Rs. 9,300-34,800/- + G. P. Rs. 4,800/- (Pay

Matrix Level 8 as per 7th Pay Commission) on

regular basis and post him at Government Industrial

Training Institute, Margao-Goa with immediate

effect.

The present pay of the incumbent is protected

in the Pay Matrix in which his salary is drawn.

The above promotion is made against the post

fallen vacant due to death of Shri Sandeep Naik on

24-09-2020. The post was created vide order

No. 23/38/80-ILD dated 04-08-1980 and revived vide

order No. 21/9/81-ILD dated 08-09-1981.

Shri Velip shall be on probation for a period of

two years.

The expenditure towards his salary shall be

debited to the Budget Head “2230—Labour and

Employment; 03—Training; 101—ITI; 04—ITI Centres

(Non-Plan); 01—Salaries”.

By order and in the name of the Governor

of Goa.

Dipak S. Desai, Director (Skill Development and

Entrepreneurship) & ex officio Addl. Secretary.

Panaji, 26th September, 2022.

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