SERIES II No. 16

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

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

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

–––

Addendum

No. 3/5/EXT/14/2023-24/D.Agri/331

Sub.:

Addendum to the notification of Agriculture

Policy for the State of Goa.

Ref.: 1. Notification No. 3/5/EXT/14/2022-23/

/D.Agri/151 dated 24-05-2023 and published

in Official Gazette, Series II No. 9 dated

1st June, 2023.

2. Notification No. 3/5/EXT/14/2023-24/

/D.Agri/229 and published in Official

Gazette, Series II No. 12 dated 22-06-2023.

Government is pleased to issue addendum the

above read notification regarding reconstitution of

the committee to work out Agriculture Policy for

the State.

The following shall be added to the above

referred notification after Sr. No. 26:

Sr.

Name

Designation

No.

President, Comunidade of

Member.

Margao representative of

South Goa Comunidades

This is issued with the approval of Government.

By order and in the name of the Governor of

Goa.

Nevil Alphonso, Director (Agriculture) & ex officio

Jt. Secretary.

Tonca, Caranzalem, 13th July, 2023.

Panaji, 20th July, 2023 (Asadha 29, 1945)

Department of Education, Art & Culture

Directorate of Art & Culture

–––

Order

No. DAC/GIA/Committees/RBM/2023-24/Partfile/2145

In exercise of powers conferred by Clause 14(viii)

of the Constitution of Ravindra Bhavan, Margao-Goa, the

Government is pleased to nominate following

Members on Executive Board of Ravindra Bhavan,

Margao-Goa with immediate effect.

1. Shri Gopal Naik, Comba, Margao-Goa.

2. Shri Dhananjay Mayekar, Malbhat, Margao-Goa.

3. Shri Paresh Naik, Davorlim, Navelim, Salcete-Goa.

4. Smt. Milagrin Gomes, Agali, Fatorda-Goa.

5. Smt. Shweta Lotlikar, Fatorda, Margao-Goa.

This supersedes the earlier Order No. DAC/GIA/

/Committees/RBM/2023-24/Partfile/1628 dated

28-06-2023.

By order and in the name of the Governor of

Goa.

Sagun R. Velip, Director (Art & Culture) & ex officio

Joint Secretary.

Panaji, 11th July, 2023.

——————

Directorate of Higher Education

–––

Certificate

No. ACAD III/GC/Filling of Post/32/2023/3056

Read: Order No. ACAD III/GC/Filling of Post-

-Regular/98/2021/Part I/1574 dated 22-05-2023.

Certified that the character and antecedents of

Ms. Bhakti Govind Mahajan appointed to the post of

Assistant Professor in Marathi (Group ‘A’ Gazetted)

371

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

372

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 16

20TH JULY, 2023

at Sant Sohirobanath Ambiye Government College

of Arts & Commerce, Pernem under Directorate of

Higher Education vide above referred Order has

been verified by the Addl. Collector and ADM, North

Goa and nothing adverse has been reported against

her at concerned Police Station and other Police

Stations in Goa.

Avelina D’sa E Pereira, Under Secretary (Higher

Education).

Porvorim, 11th July, 2023.

————

Certificate

No. ACAD III/GC/Filling of Post-Regular/32/2023/

/3055

Read: Order No. ACAD III/GC/Filling of Post-

-Regular/32/2023/1697 dated 25-05-2023.

Certified that the character and antecedents of

Mr. Shahish Chudu Naik appointed to the post of

Assistant Professor in Commerce (Group ‘A’

Gazetted) at Government College of Arts, Science

and Commerce, Sanquelim-Goa under Directorate

of Higher Education vide above referred Order has

been verified by the Addl. Collector and ADM,

North Goa and nothing adverse has been reported

against him at concerned Police Station and other

Police Stations in Goa.

Avelina D’sa E Pereira, Under Secretary (Higher

Education).

Porvorim, 11th July, 2023.

——————

Department of Finance

Directorate of Accounts

–––

No. DA/Admn/19-40/2023-24/TR-1498

Read: Office Order bearing No. DA/Admn/19-40/2022-23/TR-791/524 dated 30-06-2022.

Office Order No. 461

In exercise of the powers conferred under Section 5, sub-rule (1) and (2) of the Right to Information Act, 2005

(hereinafter referred as ‘The Said Act’), Shri Sachin Pai, Assistant Accounts Officer of this Directorate is

hereby appointed as an Assistant Public Information Officer with the area of operation as indicated below

to deal with the applications received from the public under the above said Act.

Shri Sachin Pai,

Assistant Public Information Officer,

North Goa District.

Assistant Accounts Officer,

Directorate of Accounts, Panaji-Goa

Directorate of Accounts,

Panaji-Goa

Shri Sachin Pai shall exercise and perform the powers/functions as laid down under the Right to

Information Act, 2005 with immediate effect.

This order is issued in partial modification of the order cited above.

Dilip K. Humraskar, Director (Accounts).

Panaji, 12th July, 2023.

——————

Department of Home

Home—General Division

–––

Corrigendum

No. 24/51/2012-HD(G)/Part I/1875

Read: Order No. 24/51/2012-HD(G)/3918 dated 15-11-2021.

In the aforesaid order, the first line in the 2nd para “the above candidate shall be on probation for

a period of two years with effect from date of joining” shall be deleted.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 16

20TH JULY, 2023

373

The rest of the content of the said order

remains unchanged.

By order and in the name of the Governor of

Goa.

Diksha N. Tari, Under Secretary (Home-II).

Porvorim, 12th July, 2023.

——————

Department of Labour

–––

Order

No. 28/15/2023-LAB/466

Whereas, the Government of Goa is of the

opinion that an industrial dispute exists between

the management of M/s. Souza & Paul, M.G. Road,

opp. Government Printing Press, Panaji, Goa and

it’s Workman, Shri Sachin Lawoo Kubal, Photo Lab.

Operator, in respect of the matter specified in the

Schedule hereto;

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 (c) of sub-section (1) of Section

10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947), the Government of Goa hereby refers

the said dispute for adjudication to the Labour

Court-II of Goa at Panaji-Goa, constituted under

sub-section (1) of Section 7 of the said Act.

SCHEDULE

(1) Whether the action of the management of

M/s. Souza & Paul, M.G. Road, opp. Government

Printing Press, Panaji, Goa, in terminating the

services of Shri Sachin Lawoo Kubal, Photo

Lab. Operator, with effect from 31-04-2021, is

legal and justified?

(2) If not, to what relief the workman is entitled?

By order and in the name of the Governor of

Goa.

Vivek Naik, Under Secretary (Labour).

Porvorim, 11th July, 2023.

Order

No. 28/16/2023-LAB/467

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. Mallikarjun Pipes and Cements

Products Private Limited and Group of Companies,

Dhullgalli, Shellim, Loliem, Pollem, Canacona, Goa

and its workmen represented by the Gomantak

Mazdoor Sangh, in respect of the matter specified in

the Schedule hereto;

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),

the Government of Goa hereby refers the said dispute

for adjudication to the Industrial Tribunal of Goa at

Panaji-Goa, constituted under Section 7A of the said

Act.

SCHEDULE

(1) Whether the action of the management of

M/s. Mallikarjun Pipes and Cements Products

Private Limited and Group of Companies,

Dhullgalli, Shellim, Loliem, Pollem, Canacona,

Goa in refusing employment to the following

workmen, with effect from 14-09-2020, is legal

and justified?

(a) Shri Ramakant Gangadar Naik.

(b) Shri Sandeep Bikaro Naik.

(d) Shri Gajanan Ramesh Pednekar.

(e) Shri Maruthi Nilkant Pawar.

(f) Shri Chandhars Gopal Thakarkar.

(g) Shri Sandeep Goranath Kalgutkar.

(h) Shri Prakash Gopal Rane.

(i) Shri Prashant Nagesh Bandekar.

(j) Shri Umakant Krishna Naik.

(k) Shri Satish Subba Kotarkar.

(l) Shri Prakash Visharam Bhandari.

(m) Shri Suresh Mhabaleshwar Kindalkar.

(n) Shri Prakash Chandrakant Naik.

(o) Shri Deepak Bikaro Kalgutkar.

(p) Shri Ashok Vaikunt Asnotkar.

(q) Shri Vasant Gangadhar Mestri.

(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.

Vivek Naik, Under Secretary (Labour).

Porvorim, 11th July, 2023.

374

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 16

20TH JULY, 2023

Order

No. 24/13/2013-Lab-ESI/487

Government is pleased to accept the notice of

voluntary retirement dated 28-04-2023 tendered by

Dr. Vishwajit V. Faldesai, Senior Orthopaedic Surgeon

in ESI Scheme under Labour Department under Rule

48-A of CCS (Pension) Rules, 1972 and to relieve him

from the post of Senior Orthopaedic Surgeon in E.S.I.

Scheme under Labour Department with effect from

27-07-2023 (a. n.).

By order and in the name of the Governor of

Goa.

Vivek Naik, Under Secretary (Labour).

Porvorim, 13th July, 2023.

————

Order

No. 28/17/2023-LAB/498

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. Colgate Palmolive (India)

Limited, Plot No. 154, 158 & 160, Kundaim Industrial

Estate, Kundaim, Goa and it’s Workman, Shri Vijay

Phadte, in respect of the matter specified in the

Schedule hereto;

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 (c) of sub-section (1) of Section 10

of the Industrial Disputes Act, 1947 (Central Act 14

of 1947), the Government of Goa hereby refers the

said dispute for adjudication to the Labour Court-II

of Goa at Panaji-Goa, constituted under sub-section (1)

of Section 7 of the said Act.

SCHEDULE

(1) Whether the action of the management of

M/s. Colgate Palmolive (India) Limited, Plot No. 154,

158 &160, Kundaim Industrial Estate, Kundaim,

Goa, in dismissing from services to Shri Vijay

Phadte, Team Member, with effect from

15-11-2022, is legal and justified?

(2) If not, to what relief the workman is entitled?

By order and in the name of the Governor of

Goa.

Vivek Naik, Under Secretary (Labour).

Porvorim, 18th July, 2023.

Notification

No. 28/02/2022-LAB/440

The following Award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

07-06-2023 in Ref. No. IT/48/2012 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.

Gautami Parmekar, Under Secretary (Labour) (Link).

Porvorim, 5th July, 2023.

___

IN THE INDUSTRIAL TRIBUNAL AND LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Mr. Anil Scaria, Hon’ble Presiding

Officer)

Ref. No. IT/48/2012

Workmen,

Rep. by Goa Trade & Commercial

Worker’s Union,

Velho’s Building,

2nd floor, Opp. Municipal Garden,

Panaji-Goa

… Workmen/Party I.

V/s

M/s. Sun Village (De Souza Group),

Saqwadi, Arpora,

Bardez-Goa

… Employer/Party II.

Workmen/Party-I represented by Learned Advocate

Shri Suhaas Naik.

Employer/Party-II represented by Learned Advocate

Shri P. J. Kamat.

AWARD

(Delivered on this the 7th day of the month of

June of the Year 2023)

By Order dated 03-07-2012, bearing No. 28/55/

/2011-LAB/367, the Government of Goa in exercise

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

Industrial Disputes Act, 1947, has referred the

following dispute to this Tribunal for adjudication:-

“(1) Whether the action of the Management of M/s.

Sun Village (De Souza Group), Arpora, Bardez,

Goa in not conceding the following ‘Charter of

Demands’ raised by the Goa Trade and

Commercial Workers Union, is legal and

justified?

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 16

20TH JULY, 2023

375

(1) Demand No. 1: Grade/Flat-Rise in Basic Salary

and Pay-Scales:

It is demanded that each workmen be graded

appropriately as per the nature of work performed

by them and be paid a sum of Rs. 1,000/- as a Flat-Rise

over and above the existing “Basic salary” earned

by him/her as on 31-12-2010. The “Basic Salary” of

each workman as on 31-12-2010 plus the Flat-Rise of

Rs. 1,000/- per month be placed in the respective pay-

scales given below and fit it at the appropriate stage

in the Scale-Pay and shall be paid to each worker

with effect from 01-01-2011.

Grade

Designation

Pay-Scales

Utility worker/Helper/

3500-105-4025-

/Gardener/Sweeper/

-120-4625-140-

Labour

-5325.

II.

Resort Attendant/Pool

4000-125-4625-

Attendant/Bell Boy/

125-5350-170-

/Doorman/Desk Attendant/

-6200.

/(Eng,/H/K/Garden/Kitchen)/

/Sr. Utility Worker/Attendant

Cook/Laundry Attendant/

/Steward/Linen Keeper/

/Tailor/Roomboy/Technician/

/Electrician/Plumber/Carpenter/

Painter/A.C. Technician/Mason/

/Stores Keeper/Assistant Stores

Keeper/Cashier/Reservation

III. Supervisior/Junior Chef

4500-150-5250-

-175-6125-205-

-7150.

IV. Senior Supervisor, Captain

5000-175-5875-

-210-6025-250-

-8175.

(2) Demand No. 2: House Rent Allowance (HRA):

It is demanded that with effect from 01-01-2011,

each workman shall be paid House Rent Allowance

(HRA) at the rate of 20% of the basic salary.

(3) Demand No. 3: Fixed Dearness Allowance

(FDA):

It is demanded that with effect from 01-01-2011,

each workman shall be paid a sum of Rs. 2000/- per

month as Fixed Dearness Allowance (FDA) at base

3500 points All India Consumer Price Index (AAICPI)

(1960-100).

(4) Demand No. 4 : Variable Dearness Allowances

(VDA):

It is demanded that with effect from 01-01-2011,

each workman shall be paid a Variable Dearness

Allowance (VDA) at the rate of Rs. 1.75 per point over

and above base (AAICPI) (1960-100).

The Variable Dearness Allowance (VDA) be

revised every quarterly.

(5) Demand No. 5: Conveyance Allowances:

It is demanded that with effect from 01-01-2011,

each workman shall be paid an Additional

Conveyance Allowance of Rs. 500/- per month to their

existing Travelling Allowance.

(6) Demand No. 6: Washing Allowance (W. A.):

It is demanded that with effect from 01-01-2011,

each workman shall be paid a sum of Rs. 500/- per

month towards Washing Allowance.

(7) Demand No. 7: Shift Allowance:

It is demanded that with effect from 01-01-2011,

each workman shall be paid a Shift Allowance on

the following basis:

7.00 a.m. to 4.00 p.m.

Rs. 20/- per shift.

8.00 a.m. to

5.00 p.m.

Rs. 20/- per shift.

9.00 a.m. to

6.00 p.m.

Rs. 20/- per shift.

11.00 a.m. to

8.00 p.m.

Rs. 30/- per shift.

3.00 p.m. to 12.00 p.m.

Rs. 40/- per shift.

(8) Demand No. 8: Out-Door Food Allowance:

It is demanded that whenever a workman is sent

on out-door duty, he/she shall be paid an Out-Door

Food Allowance towards breakfast, lunch, dinner, tea

and snacks on the following pattern:

Breakfast

Rs. 25/- per day.

Lunch

Rs. 50/- per day.

Dinner

Rs. 50/- per day.

Tea & Snacks

Rs. 25/- per day.

(9) Demand No. 9: Leave Travel Allowance (LTA):

It is demanded that with effect from 01-01-2011,

each workman shall be paid Rs. 5,000/- as Leave Travel

Allowance (LTA) in the month of December every

year.

(10)Demand No. 10: Overtime Allowance:

It is demanded that each workman shall be paid

overtime allowance at double the rate of wages with

retrospective effect irrespective of his grade and

designation. Whenever, a workman is required to

work on Sundays/Holidays and on Weekly off-days,

they shall be paid double the rate of wages with a

paid compensatory-off which shall be allowed to be

availed by a workman within 10 days of such work.

In the event where a workman exceeds 16 hours of

duty due to exigencies of work, he/she shall be paid

overtime as above and be given a paid compensatory-

off, consequent to such work.

376

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 16

20TH JULY, 2023

(11) Demand No. 11: Leave Facilities:

It is demanded that with effect from 01-01-2011,

all the workmen shall be made eligible to the

following leave facilities:

(a) Privilege Leave : 30 days per year with the

facility to accumulate

upto 100 days and encash

leave above 50 days.

(b)Casual Leave

: 12 days per year with the

facility to accumulate

upto 30 days or with a

facility to encash the

balance leave.

: 10 days per year with a

facility to accumulate

upto 30 days.

(d)Holidays

: 12 days per year which

shall be finalized in the

month of January every

year between the Union

and the Management.

The availment of leave ought to be discussed

between the Union and the Management.

(12) Demand No. 12: Rest-Rooms and Lockers:

It is demanded that all the workmen shall be

provided with proper rest room and locker room.

(13) Demand No. 13: Company’s Accomodation:

It is demanded that all the workmen shall be

provided with company’s accommodation.

(14) Demand No. 14: Interest Free Loan Facility:

It is demanded that each workman shall be made

eligible to an interest free loan facility to the extent

of Rs.25,000/- to be deducted in 50 equal installments

without surety.

(15) Demand No. 15: Bonus:

It is demanded that with effect from 01-01-2011,

all the workmen shall be paid Bonus for every

financial year at the rate of 20% without any ceiling.

(16) Demand No. 16: Festival Advances:

It is demanded that each workman shall be paid

Rs. 4,000/- as Festival Advance to be deducted in 8

equal installments at least 10 days prior to the

following festival, every year.

(a) Ganesh Chaturthi Festival.

(b) Christmas Festival.

(17) Demand No. 17: Service Charge:

It is demanded that

(a) all the workmen shall be paid 10% service

charge per month on the gross sales in the

Hotel.

(b) all service charges shall be distributed

equally to all ranks and file.

(18) Demand No. 18: Issuance of Letters:

It is demanded that detailed letter of

Appointment/Confirmation in service shall be issued

to each workman specifying his/her date of joining,

confirmation in service, grade, etc.

(19) Demand No. 19: Interim Relief:

It is demanded that with effect from 01-01-2011,

pending finalization of all the above demands spelt-

out herein, in this Charter of Demands, the Union/

/workmen demands that each workman who is on

the pay roll of the Company shall be granted an

amount of Rs. 3000/- as an Interim Relief as the

present salary and other emoluments paid to the

workmen are meager and pathetic. This Interim Relief

shall be adjusted from the final relief to be granted to

the workmen.

(20) Demand No. 20: Period of Settlement:

It is demanded that the settlement shall be for a

period of three years from 01-01-2011 to 31-12-2013.

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

then, to what relief the workmen are entitled?”

2. Upon receipt of the reference, it was registered

as IT/48/2012 and notices were issued to both the

Parties.

3. Party I has filed its Justification Claim. Party II

has filed its Written Statement. Party I have filed its

Rejoinder.

4. Party I states that Party II is a 4 Star Hotel with

135 residential rooms and modern facilities. That the

tariff of deluxe room per night is Rs. 15,305/- inclusive

of breakfast and the tariff of the premium room is

Rs. 16,482/-. That the occupancy of the Hotel remains

full throughout the year. That the Hotel is situated at

a strategic spot between Baga and Calangute beach.

That the Party II has sizeable reserves and surplus.

That there is a high demand among domestic tourists

and foreign tourists for rooms in the Hotel. That the

salaries and wages paid to the unionized workmen

is very meager. That the workmen employed in similar

other hotels and resorts in Goa are paid higher

salaries and allowances. That the wages and service

condition of the workmen of Party II has remained

unchanged for a long period of time. That the said

wages are not enough to take care of the bare

minimum needs. That the present Charter of

Demands dated 01-02-2011 was raised for a period of

3 years from 01-01-2011. That Party II failed to

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 16

20TH JULY, 2023

377

negotiate with Party I. That Party I, therefore, raised

an industrial dispute before the Assistant Labour

Commissioner, Government of Goa. That conciliation

ended in failure and the dispute has been referred to

this Tribunal. That Party II is in a strong financial

position to meet the Charter of Demands. That Party II

earns huge profits every year. That Party II has formed

a management supported Union. That Party II has

signed a Wage Settlement with the Management

sponsored Union. That this Wage Settlement is unjust

and improper. That the workmen working for Party II

have not been properly designated and graded. That

no proper pay scale have been made applicable to

them.

5. That by Demand No. 1, Party I is seeking a flat

rise of Rs. 1,000/- per month over and above the

existing gross salary as on 31-12-2010. That it is further

demanded to place the gross salary in appropriate

pay scale with effect from 01-01-2011. That Demand

No. 1 is just and fair. That most of the workmen are

residing in rented houses. That the burden of paying

house-rent exerts a tremendous pressure on the

workmen. That the demand of house-rent allowance

at the rate of 20% of the basic salary is just and proper.

Party I states that the rate of neutralization per point

in Variable Dearness Allowance (VDA) has not been

made applicable to workmen working in the Hotel.

That VDA points are increasing every month

depending upon the inflation in the market place.

That the demand raised by Party I for Variable

Dearness Allowance (VDA) at the rate of Rs. 1.75 paise

per point over and above basic 3500 points AAICPI

(1960=100) w.e.f. 01-01-2011 are just, fair and proper.

That the workmen have also rightly asked for Fixed

Dearness Allowance @ 2,500/- per month at the base

of 3500 points All India Consumer Price Index

(AAICPI) (1960=100) to be effective from 01-01-2011.

6. It is further stated that additional Conveyance

Allowance @ Rs. 500/- per month as demanded in

Demand No. 5, Washing Allowance as @ Rs. 500/-

per month as demanded in Demand No. 6, Shift

Allowance as demanded in Demand No. 7, Out-door

Food Allowance as demanded in Demand No. 8,

Leave Travel Allowance as demanded in Demand

No. 9, Overtime Allowance as demanded in Demand

No. 10, leave facilities and holidays as demanded in

Demand No. 11, Rest Room and lockers as demanded

in Demand No. 12, Company accommodation as

demanded in Demand No. 13, Interest Free Loan

Facility as demanded in Demand No. 14, Bonus as

demanded in Demand No. 15, Festival advances as

demanded in Demand No. 16, Service charges as

demanded in Demand No. 18, Interim Relief and

Period Settlement as demanded in Demand No. 19

and 20 are just, fair and proper. Therefore, it is prayed

that the demands raised by Party I in their Charter of

Demands dated 01-02-2011 as mentioned in the

Schedule of the reference referred to this Tribunal

be conceded in favour of Party I with retrospective

effect from 01-012011 along with payment of arrears.

7. The case of Party II in the Written Statement is

that there is no Company by the name of M/s. Sun

Village (De Souza Group) at Arpora, Bardez-Goa. That

Party II has a residential Hotel at Baga, Arpora, Goa.

That the Hotel has 195 standard rooms and 20 superior

rooms and restaurant. That in the year 2007-2008,

the Hotel had a turnover of Rs. 9,48,11,878.22 paise

and the net profit was 5.97% of the turnover. That in

the year 2007-2008, the Hotel made a profit of

Rs. 56,64,192.48 paise. That in the year 2008-2009, the

turnover was reduced to Rs. 7,37,50,247.44 paise and

the Hotel made a loss of Rs. 24,43,947.72 paise. That

in the year 2009-2010, 2010-2011 and 2011-2012, the

turnover was Rs. 7,50,61,186.26 paise, Rs. 8,06,07,766.79

paise and Rs. 8,50,31,746.43 paise and the net profits

earned were Rs. 2.2%, 2.4% and 1.85% respectively of

the said turnover. That the Hotel earned a profit of

Rs.16,63,273.53 paise in the year 2009-2010,

Rs. 19,48,453.25 paise in the year 2010-2011 and

Rs. 15,69,204.63 paise in the year 2011-2012.

8. That 78 employees are working in the Hotel.

That there is an association of workmen in the Hotel

called the Sun Village Resorts Employees Welfare

Association. That a majority of the employees (i.e. 53

employees) are members of the Sun Village Resorts

Employees Welfare Association. That this is the

recognized Union. That on 15-03-2011, the Sun Village

Resorts Employees Welfare Association raised a

Charter of Demands before Party II.

9. That while Party II was discussing with the Sun

Village Resorts Employees Welfare Association, Party I

sent its Charter of Demands dated 01-02-2011

intimating that all the employees of Party II had

unionized under its banner. That Party II had entered

into negotiations with Sun Village Resorts Employees

Welfare Association. That Party II did not invite Party I

for negotiations on their Charter of Demands. That

Party I raised the issue of Charter of Demands before

the Asst. Labour Commissioner, Mapusa. That Party I

did not participate in the proceedings before the

Asst. Labour Commissioner, Mapusa. That Party II

continued with the discussions with the Sun Village

Resorts Employees Welfare Association and arrived

at a Settlement with them on 20-12-2011. That by

this Settlement, the salaries, allowances and other

service conditions of the workmen were revised with

effect from 01-04-2012. That the said Settlement was

registered under Rule 58 of the Industrial Disputes

(Central) Rules, 1957. That 60 out of the 78 workmen

of Party II have accepted the Settlement.

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10. That 18 of the workmen have accepted the

benefits given to them as per the said Settlemet but

have sent letters dated 11-05-2012 stating that they

were coerced and forced to accept the revised wages

and benefits. That Party II has replied to the letter

stating that they have accepted the Settlement out

of their own free will and that they continue to accept

the benefits thereof.

11. Party II states that in view of the losses and

decline in the business of Party II, the demands of

Party I cannot be accepted. That the demands of Party I

would cost Party II Rs. 85,51,296/- per annum. That

the Settlement with the Sun Village Resorts

Employees Welfare Association would cost Party II

Rs. 6,94,411/- for the year 2012-2013 and that the Party II

cannot take any additional burden as it would lead

to the closure of the Hotel. It is denied that the rate/

/tariff of standard room per night inclusive of

breakfast is Rs. 15,305/- and that the tariff of the

premium room is Rs. 16,482/- per night. It is denied

that Party II has sizeable reserves and Surplus. It is

denied that the workers employed in similar hotels

and resorts in Goa are paid higher salaries and

allowances. That Party II is providing bachelor

accommodation for workers who come from far-away

places.

12. It is denied that the Hotel remains full

throughout the year. It is denied that the wages paid

to the unionized workmen are very meagre. That

bachelor accommodation is provided to employees

who are not residents of the Village. It is denied that

a flat raise of Rs. 1,000/- per month over and above

the basic salary earned by the workers as on 31-12-2010

is just, fair and proper. It is denied that house-rent

allowance at the rate of 20% of the basic salary is

just, fair and proper. It is denied that the demand

raised by Party I Union for Variable Dearness

Allowance at the rate of Rs. 1.75 paise per point over

and above base 3500 points AAICPI (1960=100) w.e.f.

01-01-2011 are just, fair and proper.

13. Party II denies that Party I has rightly asked for

Fixed Dearness Allowance at the rate of Rs. 2500/-

per month, demand for HRA as demanded in Demand

No. 4, Conveyance Allowance as demanded in

Demand No. 5, Washing Allowance at the rate of

Rs. 500/- per month as demanded in Demand No. 6,

Shift Allowance as demanded in Demand No. 7,

Out-door Food Allowance as demanded in Demand

No. 8, Leave Travel Allowance as demanded in

Demand No. 9, Overtime Allowance as demanded in

Demand No. 10, leave facilities and holidays as

demanded in Demand No. 11, Rest Rooms and Lockers

as demanded in Demand No. 12, Company

Accommodation as demanded in Demand No. 13,

Interest Free Loan Facility as demanded in Demand

No. 14, Bonus as demanded under Demand No. 15,

Festival advances as demanded in Demand No. 16,

Service Charges as demanded in Demand No. 17,

Issuance of Letters as demanded in Demand No. 18,

Interim Relief and Period of Settlement as demanded

in Demand No. 19 and Demand No. 20.

14. Therefore, it is prayed that the demands made

by Party I be rejected and an Award be made in terms

of the Settlement dated 20-12-2011 with the Sun

Village Resorts Employees Welfare Association.

15. Party I has filed its Rejoinder. Party I states that

all the correspondence by Party II to Party I has been

on the letter head of Sun Village (De Souza Group).

That Party I has addressed correspondence to Party II

in the name of Sun Village (De Souza Group) which

has been duly acknowledged by Party II. It is denied

that there is no Company by the name of Sun Village

(De Souza Group). It is denied that in the year 2007-2008,

the turnover of Party II was Rs. 9,38,11,872.22 paise

and the net profit was 5.97% of the turnover i.e., a

sum of Rs. 56,64,192.72 paise. It is denied that in the

year 2008-2009, the turnover was reduced to

Rs. 7,37,50,247.44 paise and that Party II suffered a

loss of Rs. 24,43,947.72 paise. It is denied that in the

years 2009-2010, 2010-2011 and 2011-2012, the

turnovers were Rs. 7,50,61,186.21 paise, Rs. 8,06,07,716.79

paise and Rs. 8,50,31,746.43 paise respectively and

the net profit was 2.2%, 2.4% and 1.85% of the turnover

respectively. It is denied that the profits made in

those 3 years were of Rs. 16,63,273.53 paise,

Rs. 19,48,453.25 paise and Rs. 15,69,204.63 paise

respectively. Party I disputes the above figures and

states that Party II is making huge profits and that

the accounts are manipulated. It is denied that there

are 78 employees working for Party II and 53 of them

have formed an association called the Sun Village

Resorts Employees Welfare Association.

16. It is denied that on 15-03-2011, the Sun Village

Resorts Employees Welfare Association sent a Charter

of Demands to Party II. That, any settlement signed

between Party II and the Sun Village Resorts

Employees Welfare Association is totally in favour of

Party II and that it is fraudulent, unjust and improper.

That registration of the Settlement is fraudulent and

it was the duty of the Assistant Labour Commissioner,

Mapusa to have informed Party I regarding the same.

It is denied that all the workmen have accepted the

said Settlement. Therefore, it is prayed that the reliefs

claimed by Party I in the Charter of Demands be

granted.

17. Heard arguments. The Learned Advocates for

the Parties have also filed their Written Arguments.

OFFICIAL GAZETTE — GOVT. OF GOA

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20TH JULY, 2023

379

18. The following issues were framed by this

Tribunal and my findings thereon are as follows:-

Issue

Issues

Findings

No.

Whether the Party I

Partly in the

Union proves that the

Affirmative.

demand raised by it on

behalf of the workmen

against the Party II are

legal and justified?

Whether Party II proves

In the Negative.

that the Reference is

not maintainable as there

is no company by name

M/s Sun Village

(De Souza Group) at

Arpora, Bardez, Goa?

Whether Party II

In the Negative.

proves that already a

settlement was reached

on 20-12-11 between

the workmen represented

by Sun Village Resorts

Employees Welfare

Association which is a

recognized Union in the

company and hence the

present reference is

without application of

mind by Appropriate

Government?

Whether the workmen

are entitled to any relief?

As per Order.

What Award?

As per final

Order.

REASONS

19. Issue No. 1:- The case of Party I is that the

charter of demands raised by it on behalf of the

workmen and against Party II are legal and justified.

Party II has denied the same.

20. Party I has examined one witness, Rajendra

Datta Mangueshkar is Witness No. 1 for Party I. He is

the General Secretary of the Goa Trade and

Commercial Workers’ Union.

21. Party II has examined one witness. He is Kushal

Kashinath Biramane. He is the General Manager,

Finance and Accounts of Party II.

22. In Demand No. 1, Party I has demanded that

each workman be graded appropriately as per the

nature of the work performed by him and be paid a

sum of Rs. 1,000/- per month as Flat-Rise over and

above the existing Basic Salary earned by him as on

31-12-2010. It is demanded that the Basic Salary of

each workman as on 31-12-2010 and the flat-rise of

Rs. 1,000/- per month be placed in the respective pay-

scales given below and fit it at the appropriate stage

in the Pay-Scales and shall be paid to each worker

with effect from 01-01-2011.

Grade

Designation

Pay-Scales

Utility worker/Helper/

3500-105-4025-

/Gardener/Sweeper/

120-4625-140-

/Labour

5325.

Resort Attendant/Pool

4000-125-4625-125

Attendant/Bell Boy/

5350-170-6200.

Doorman/Desk

Attendant/(Eng,/H/K/

/Garden/Kitchen)/

/Sr. Utility Worker/

/Attendant Cook/

Laundry Attendant/

/Steward/Linen

Keeper/Tailor/

/Roomboy/Technician/

/Electrician/Plumber/

/Carpenter/Painter/A. C.

Technician/Mason/

/Stores Keeper/

/Assistant Stores

Keeper/Cashier/

Reservation

III

Supervisor/Junior Chef

4500-150-5250-

175-6125-205-

7150

Senior Supervisor,

5000-175-5875-

Captain

210-6025-250-

8175

23. Shri Rajendra Datta Mangueshkar (Witness No. I

for Party I) deposes that Party II is a 4 Star Hotel/

/Resort with 135 residential rooms. He deposes that

the residential rooms include Delux Rooms, Premium

Rooms, Suites and Executive Rooms etc. He deposes

that the Hotel/Resort has all the modern facilities

such as restaurants, bar, garden, terrace, swimming

pool, spa, massage centre, library, wellness centre,

fitness centre, games rooms, indoor pub etc. He

deposes that the rate/tariff of delux room per night

including breakfast is Rs. 15,305/- and for premium

room the rate is Rs. 16,482/-. He deposes that the Hotel

is situated in a strategic location close to the Baga

and Calangute beach and has a high demand among

the domestic and foreign tourists. He deposes that

the Hotel/Resort remains booked throughout the

season and the occupancy of the Hotel remains full

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20TH JULY, 2023

throughout the entire year every year. He deposes

that the financial position of Party II since its

inception is sound.

24. Shri Kushal Kashinath Biramane is Witness

No. I for Party II. He deposes that in the year

2007-2008, Party II had a turnover of Rs. 9,48,11,878.22

paise and the net profit was 5.97% of the turnover. He

deposes that in 2008-2009, the turnover was reduced

to Rs. 7,37,50,247.44 paise and that Party II suffered a

loss. That in the years 2009-2010, 2010-2011 and

2011-2012, the turnover was Rs. 7,50,61,186.21 paise,

Rs. 8,06,07,716.79 paise and Rs. 8,50,31,746.43 paise

respectively and the net profit was 2.2%, 2.4% and

1.85% of the turnover. He deposes that in the year

2007-2008, there was a profit of Rs. 56,64,192.48, in

the year 2008-2009 there was a loss of Rs. 24,43,947.72

paise and in the next 3 years there were profits of

Rs. 16,63,273.53 paise, Rs. 19,48,453.25 paise and

Rs. 15,69,204.63 paise. He deposes that it shows a

decline in business. He deposes that the maximum

occupancy in a year would be around 50%. Copy of

Profit and Loss Account and Balance-Sheet of Party II

for the year 2007-2008 is at Exh. 46 copy of Profit and

Loss A/c and Balance Sheet of Party II for the year

2008-2009 is at Exh. 47, copy of Profit and Loss A/c

and Balance Sheet of Party II for the year 2009-2010 is

at Exh. 48 copy of Profit and Loss Account and

Balance Sheet of Party II for the year 2010-2011 is at

Exh. 49 and copy of Profit and Loss Account and

Balance Sheet of Party II for the year 2012-2013 is at

Exh. 50.

25. Party I has adduced evidence to show that

Party II is in a strong financial position and is capable

of meeting the demands of Party I. Party II on the

other hand has adduced evidence to show that its

business and profits are on the decline and that it

cannot bear the financial implications arising out of

the demands of Party II.

26. Let us analyze the evidence to come to the

proper conclusion.

27. The Charter of Demands is for a period of 3

years from 01-01-2011 to 31-12-2013. Therefore, by

approximation, the profits made by Party II in the

financial year 2009-2010, 2010-2011 and 2011-2012

are relevant.

28. In the financial years 2009-2019, 2010-2011

and 2011-2012 Party II made profits of Rs. 16,63,273.53

paise, Rs. 19,48,453.25 paise and Rs. 15,69,204.63 paise

respectively. The increase in wages can be paid only

out of these profits.

29. Now let us look into the wages paid by

industries in the region.

30. M/s. Ronil Beach Resort, Baga, Calangute, Goa

is a three star hotel. During the course of conciliation

proceedings a settlement was arrived at between

this hotel and its workmen. This settlement dated

01-06-2012 is tendered in evidence by Party I at

Exhibit 17 Colly.

31. Leela Goa is a five star hotel. This hotel

entered into a settlement with their workmen. Party

No. I has produced the same at Exhibit 18 Colly.

32. Settlement dated 01-06-2012 (Exhibit 17 Colly)

between M/s. Ronil Beach Resorts, Baga, Calangute,

Goa and its workmen gives the workmen the

following Pay Scales and Flat Rise and Fitments:-

“1. Pay-Scales:-

Existing scales of basic pay in respect of the

payment of the employees shall be revised as

following:-

M1—Rs. 1000-80-1400-1900-120-2500-140-3200-

-160-4000-180-4900-200-5900-220-7000.

M2—Rs. 1200-95-1675-115-2250-135-2925-155-

-3700-175-4575-195-5500-215-6575-235-7700.

M3—Rs. 1500-120-2100-140-2800-0160-3600-180-

-4500-200-5500-220-6600-240-7800-260-9100.

S1—Rs. 700-50-950-65-1275-80-1675-95-2150-110-

-2700-125-3325-140-4025-155-4800.

S2—Rs. 800-60-1100-75-1475-90-1925-105-2450-

-120-3050-135-3725-150-4475-165-5300.

S3—Rs. 900-80-1300-95-1775-110-2325-125-2950-

-140-3650-155-4425-170-5275-185-6200.

W1—Rs. 400-35-575-45-775-55-1050-65-1375-75-

-1750-85-2175-95-2650-105-3175.

W2—Rs. 500-45-725-55-1000-65-1325-75-1700-85-

-2125-95-2600-105-3125-115-3700.

W3—Rs. 600-55-875-65-1200-75-1575-85-2000-95-

-2475-105-3000-115-3575-125-4200.

In case an employee reaches the end of the scale,

as a special case, he shall be given annual increment

at the last drawn rate during currency of the

settlement.

2. Flat rise and fitment:

Effective from 01-07-2011 all the permanent

employees shall be granted increase in the basic

salary existing as on 30-06-2011, on the following

basis:

Grade

Flat rise on basic salary as on 01-07-2011

M-2

1000/-

M-1

950/-

S-3

900/-

S-2

850/-

S-1

800/-

W-3

750/-

W-2

700/-

W-1

650/-

As a result of adding flat rise in the basic salary,

if the resultant amount does not fit into the grade it

OFFICIAL GAZETTE — GOVT. OF GOA

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20TH JULY, 2023

381

shall be brought to the nearest lower step in the

grade and the difference, if any, will be paid as

“Personal Pay”. Further, the personal pay shall be

treated as basic salary for the purpose of P. F., bonus,

Gratuity etc.”

33. By reading the settlement (Exhibit 17 Colly)

we cannot come to know as to which type of worker

is falling in which grade. May be it can be ascertained

by looking at some previous Settlement which has

not been produced.

34. The Settlement (Exh.18 Colly) between M/s.

Leela Goa and its Workmen provides for Flat Raise in

Basic Salary and Pay Scale as follows:-

“It is mutually agreed between the parties that

the existing eight grade system will be merged into

four grade system which will continue to operate for

the operative period in the Settlement as shown in

Annexure “I”.

All the workmen who are in the pay scales as on

31-12-2009, shall be given a flat rise from 01-01-2010,

which shall be added to the basic salary and then

fitted into pay scales respectively.

A flat rise of Rs. 1000/- per month will be added to

the basic salary to all the permanent staff with

effective from 01-01-2010.”

35. Annexure I of the Settlement (Exh. 18 Colly)

reads as follows:-

ANNEXURE ‘I’

Grades, Pay Scales and Classification

Grade V

Helper, Store & Receiving Helper

Bell Boy, Resort Attendant, Laundry Attendant,

Utility Worker, Asst. Steward, Gardener, Security

Guards, Masseur/Masseuse, Pool/Beach Attendant,

Senior Helper,

Sr. Bell Boy, Sr. Utility Workmen, Sr. Resort

Attendant, Sr. Gardener, Laundry Operator, Driver,

Utility Worker, Masseuse, Asst. Golf/Billiard Marker,

Bell Boy

(775-90-1135-95-1515-100-1915-105-2335-110-

-2775-115-3235-120-3715-125-4215-130-4735-135-

-5275)

Grade VI

Telephone Operator, A/C Mechanic, Commis II,

Steward, Sr. Pool Operator, Sr. Driver, Sr. GSA, Las

Vegas Asst., Sr. Laundry Attendant, Laundry

Operator, Sr. Guard, Telephone Operator, Vehicle

Mechanic, Sr. Mason, Sr. Resort Attendant

Accounts Asst., Sr. Carpenter, Sr. Plumber, Commis I,

Kitchen Steward, Front Office Asst., Sr. Time Keeper,

Receiving Asst., Purchase Asst., Stores Asst., Billiard

Prof., Sr. Telephone Operator, Heavy Vehicle Driver,

GTM, Security Asst., Club Co-ordinator, Sr. GSA,

Receiving Supv. Engg. Shift Supv. Sr. A/c Mechanic.

(1080-140-1640-150-2240-160-2880-170-3560-180-

-4280-190-5040-200-5840-210-6680-220-7560-230-

-8480)

Grade VII

Sr. Accounts Asst., Sr. GTM, Sr. Boiler Operator,

Demi Chef de Partie, Sr. Front Office Asst., Supervisor,

Sr. Tel. Operator, Sr. Plumber, Sr. Telephone

Technician, Front Office Supv., Supervisor cum Driver,

Concierge Supervisor.

Accounts Supv., Stores Supervisor, Engineering

Shift Supv., Sr. Secretary, F & B Control Supv., Chef de

Partie, Captain, H/Housekeeping Supervisor, Sr. Boat/

Health Supervisor, EDP Supv., Purchase Supervisor,

Receiving Supv., Front Office Supervisor, HR

Supervisor, Garden Supervisor, Las Vegas Supv., Sr.

Transport Supv., Sr. Sec. Supervisor, Engineering

Supervisor, Sr. Telephone Supervisor, Sr. Kitchen

Stewarding Supervisor.

(2175-180-2895-195-3675-210-4515-225-5415-240-

-6375-255-7395-270-8475).

Grade VII

Sr. General Cashier, Sr. House Keeping Supv.,

Sr. Captain, Linen & Uniform in Charge, Sr. Engg. Shift

Supv., Sr. Secretary, Sr. HR Supv., Sr. Chef De Partie,

Sr. Accounts Supervisor, Sr. Front Office Supervisor,

Sr. F & B Controls, Supervisor.

(5835-255-6855-275-7955-295-9135-315-10395-335-

-11735)

36. I fail to understand why the workmen are

graded from Grade V to Grade VIII instead of from

Grade I to Grade IV.

37. Party II had entered into a Settlement dated

20-12-2011 with Sun Village Resorts Employees

Welfare Association. This Settlement is at Exh. 41. In

this Settlement the workmen are classified as

follows:-

Grade-I – Unskilled Category

Utility worker, Helper, Gardener, Sweeper,

Labourer and employee by whatever names called

doing the work of the nature done by persons falling

under the above entries.

Grade-II – Semi Skilled/Junior Skilled Category

The employee appointed has some minimum

expectable experience useful for organizational

purpose in this listed category i.e. (1) Jr. Resort

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Attendant (2) Jr. Room Boy (3) Jr. Pool Attendant

(4) Jr. Bell Boy (5) Jr. Desk Attendant (6) Jr. EDP Asst.

(7) Jr. Time Office/Personnel Asst. (8) Jr. Account

Asst. (9) Jr. Cashier (10) Asst. Steward (11) Asst. Linen

Keeper (12) Asst. Tailor (13) Asstt. Technician

(14) Asst. Electrician (15) Asst. Plumber (16) Asst.

Carpenter (17) Asst. Painter (18) Asst. A. C. Tech.

(19) Asst. Mason (20) Asst. Store Keeper (21) Asst.

Cahier (22) Asst. Reservation (23) Commi–III.

Grade-III – Skilled Category

(1) Resort Attendant (2) Pool Attendant (3) Bell

Boy (4) COM II (5) Desk Attendant (6) Steward

(7) Linen Keeper (8) Tailor (9) Room Boy

(10) Electrician (11) Plumber (12) Carpenter

(13) Painter (14) A. C. Tech. (15) Store Keeper

(16) Cashier (17) Reservation (18) Time Office

Personnel Asst. (19) Transport Supervisor

(20) Accountant (21) Tr. Captain (22) EDP Asst.

Grade-IV – Senior Skilled/Supervisor Category

(1) Sr. Time Office/Personnel Asst.-cum-Transport

Supervisor (2) Captain (3) COM I (4) Demi CDP

(5) EDP Asst. (6) Chef de Parties (7) Asst. F & B

Controller (8) Front Office Supervisor (9) Jr. Chef.

Grade-V – High Skilled/Senior Supervisor Category

(1) Sr. Personnel Asst. (2) Catering (3) Sr. House-

Keeping Supervisor (4) Sr. Bar Captain Supervisor

(5) Sr. Captain.

Grade-VI – Trainees

Means

apprentice

who

undergoes

apprenticeship Training in any trade or occupation

to meet the requirement of the Company and fits into

the working categories in the Grades I to V. The

Trainees will be given adequate training in the

Categories/Skills required by a Company for a fixed

period depending upon the trade in which trainee

will be taken in service. Trainee shall be paid stipend

during the period of training and trainee shall not be

entitled for any other allowances/benefits which are

paid/payable to the regular/permanent employees

of the Company.

38. In the said settlement, the workers were

allotted the following pay scales:-

Grade I-

4000-50-4250-60-4550-70-4900-80-5300

Grade II-

4100-60-4400-70-4750-80-5150-90-5600

Grade III-

4200-70-4550-80-4950-90-5400-100-5900

Grade IV-

4500-80-4900-90-5350-100-5850-110-6400

Grade V-

4600-90-5050-100-5550-110-6100-120-6700

39. All workmen were to be given Seniority

Increment as follows:-

i) Employees completing 1 year

One increment.

and above but less then 3 years

as on 31-03-2012

ii)Employees completing 3 years

Two increments.

& above but less then 6 years

as on 31-03-2012

iii) Employees completing 6 years

Three increments.

& above as on 31-03-2012

40. All workmen including the members of Party I

have been receiving wages as per the Settlement

(Exh. 41) between Party II and the Sun Village Resorts

Employees Welfare Association.

41. There is nothing irrational about the

classification of the workmen of Party II as stipulated

in the Settlement at Exh. 41. As all the workmen of

the Hotel have been receiving wages as per the said

classification, the said classification need not be

disturbed.

42. A comparative study of the wages paid by the

hotels in the region, together with the profits earned

by Party II show that the basic pay and Seniority

Increment which is paid by Party II are reasonable.

Any further raise in basic pay will affect the ability

of this Tribunal to award Variable Dearness

Allowance. Variable Dearness Allowance is more

advantageous to the workmen as it increases from

time to time. Therefore, the basic pay should be

awarded as per the basic pay in Settlement dated

20-12-2011 (Exh. 41) together with the Seniority

Increment stated therein. The seniority increments

should be considered to be part of their Wage-

structure. Nevertheless, the increase in basic pay

shall be effective from 01-01-2011.

43. Demand No. 2 deals with House-Rent

Allowance (HRA). Party I has demanded that with

effect from 01-01-2011 each workman should be paid

House Rent Allowance (HRA) at the rate of 20% of the

basic salary.

44. In the Settlement (Exh. 17 Colly) between M/s.

Ronil Beach Resort, Baga, Calangute, Goa and its

workmen a sum of Rs. 450/- per month was added to

the existing House Rent Allowance with effect from

01-07-2011. The Settlement does not state what the

existing House Rent Allowance was as on 30-06-2011.

45. In the Settlement (Exh. 18 Colly) between Leela

Goa and its workmen, the House Rent was increased

by Rs. 600/- in 2010, Rs. 100/- in 2011 and Rs. 50/- in

2012. There is nothing on record to show the existing

house rent as in 2009.

46. By the Settlement (Exh. 41) between Party II

and Sun Village Resorts Employees Welfare

Association it was agreed that a sum of Rs. 150/- shall

OFFICIAL GAZETTE — GOVT. OF GOA

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383

be added to the existing House Rent Allowance with

effect from 01-04-2012 and further increased at the

rate of Rs. 150/- from 01-04-2013 and further by

Rs. 150/- from 01-04-2014 for workers in Grades I, II

and III. It was further agreed that a sum of Rs. 250/-

shall be added to the existing House Rent Allowance

with effect from 01-04-2012 for workmen in Grades

IV and V. It was further agreed that the House Rent

Allowance would be further increased for them by

Rs. 250/- from 01-04-2013 and Rs. 250/- from 01-04-2014.

The House-Rent Allowance granted by this

Settlement appears to be fair. Therefore, it can be

awarded at that rate for the period from 01-01-2011

to 31-12-29013. In other words, the rate of increase in

house-rent allowance would be the same but the

period would be different.

47. By Demand No. 3, Party I has demanded Fixed

Dearness Allowance of Rs. 2,000/- per month to be

paid to each workman as Fixed Dearness Allowance

at base 3500 points All India Consumer Price Index

(AAICPI) (1960=100).

48. By their Settlement, Leela Goa had increased

the Fixed Dearness Allowance by Rs. 750/- per month

in the year 2010, Rs. 850/- per month in the year 2011,

Rs. 1,000/- per month in the year 2012 and Rs. 1,200/-

per month in the year 2013.

49. By their Settlement, Ronil Beach Resort had

granted additional fixed dearness allowance of

Rs. 750/- per month from 01-07-2011.

50. The Profit and Loss Account of Leela Goa and

Ronil Beach Resort has not been produced. We do

not know their financial standing.

51. The Profit and Loss Account of Party II has

been produced. Their profits are very meager.

Granting any fixed dearness allowance is not

possible. It would drive Party II into losses.

52. Demand No. 4 deals with Variable Dearness

Allowance (VDA). It is demanded that with effect

from 01-01-2011 each workman should be paid

Variable Dearness Allowance (VDA) at the rate of

Rs. 1.75 per point over and above base (AAICPI)

(1960=100).

53. By their Settlements, Ronil Beach Resorts has

paid their permanent workmen Variable Dearness

Allowance at the rate of Rs.1.45 paise per point over

and above 1200 points of AICPI (1960=100) and Leela

Goa has enhanced Variable Dearness Allowance per

point from Rs. 1.15 paise to Rs. 1.20 paise effective

from 01-01-2010.

54. Variable Dearness Allowance is an important

factor in ensuring the financial stability of the

workmen. It is true that the profits earned by Party II

is meager. That does not mean that they can shy away

from paying Variable Dearness Allowance.

55. It has been held in Killick Nixon Limited V/s

Allied Companies Employees Union (AIR 1975 SC

1778) that D.A. was primarily intended to be a

temporary expedient and was sought to be made

available as a protection to those who have no

cushion at all in their wage packet in the face of

appreciable rise in prices.

56. Therefore, Variable Dearness Allowance has

to be paid. Before awarding Variable Dearness

Allowance, we have to strike a balance between the

reality of price rise and the ability of the Employer to

pay. In the circumstances of the case Variable

Dearness Allowance at the rate of Rs. 0.70 paise per

point over and above the base 3500 points (AICPI)

(1960=100) with effect from 01-01-2011 would suffice.

The Variable Dearness Allowance to be revised

quarterly. It should be awarded accordingly.

57. In Demand No. 5, it is demanded that with

effect from 01-01-2011 each workman should be paid

an additional Conveyance Allowance of Rs. 500/- per

month with their existing Travelling Allowance.

There is nothing on record to show the existing

travelling allowance.

58. In their Settlement (Exh. 17 Colly) M/s. Ronil

Beach Resort has increased the travelling allowance

by Rs. 150/- per month above the existing travelling

allowance. There is nothing on record to show the

existing travelling allowance.

59. By their Settlement (Exh. 18 Colly) Leela Goa

has increased the travelling allowance by Rs. 200/-

per month in 2010, Rs. 50/- per month in 2011, Rs. 50/-

per month in 2012 and Rs. 50/- in 2013 above the

existing travelling allowance. There is no material

on record to show what was the existing travelling

allowance.

60. By the Settlement (Exh. 41 Colly) between

Party II and Sun Village Resorts Employees Welfare

Association, Workers in Grade I, II and III were given

increases in their travelling allowance by Rs. 100/-

per month each year for 3 years above the existing

travelling allowance. The travelling allowance of

workers in Grade IV and Grade V were given

increases by Rs. 150/- per month each year for 3 years

above the existing travelling allowance. This

increase compares favourably with the increases

granted by the other hotels. An Award can be made

at this rate for traveling allowance commencing from

01-01-2011 every year for 3 years.

61. By Demand No. 6 it is demanded that with

effect from 01-01-2011, each worker shall be paid a

sum of Rs. 500/- per month towards washing

allowance.

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62. By its Settlement, M/s. Ronil Beach Resorts has

increased the Laundry Allowance by Rs. 150/- above

the existing laundry allowance. There is no material

on record to show the existing laundry allowance.

63. By the Settlement between Party II and Sun

Village Resorts Employees Welfare Association,

Washing Allowance of workmen in Grades I, II and III

was increased by Rs. 100/- per month every year for

3 years. The washing allowance of workmen in Grade

IV and V was increased by Rs. 150/- per month every

year for 3 years. This rate of increase seems reasonable

and an Award regarding the same can be made

accordingly commencing from 01-01-2011.

64. Demand No. 7 is regarding Shift Allowance. It

reads as follows:-

“It is demanded that with effect from 01-01-2011,

each workman shall be paid a Shift Allowance on

the following basis:

7.00 a.m.

4.00 p.m.

Rs. 20/- per shift.

8.00 a.m. to

5.00 p.m.

Rs. 20/- per shift.

9.00 a.m. to

6.00 p.m.

Rs. 20/- per shift.

11.00 a.m. to 8.00 p.m.

Rs. 30/- per shift.

3.00 p.m. to 12.00 p.m.

Rs. 40/- per shift.

65. As seen above, the profits of the Party II are

small. Therefore, Shift Allowance cannot be granted.

66. Demand No. 8 deals with out-door food

allowance. It is demanded that Rs. 25/- per day be

paid for breakfast, Rs. 50/- per day for lunch, Rs. 50/-

per day be paid for dinner and Rs. 25/- per day be

paid for tea and snacks as out-door food allowance.

67. The profits of Party II are marginal. Therefore,

out-door food allowance cannot be paid.

68. Demand No. 9 deals with Leave Travel

Allowance (LTA). It is demanded that with effect from

01-01-2011 each workman should be paid Rs. 5,000/-

as leave travel allowance (LTA) in the month of

December every year.

69. As the profits earned by Party II is very meager,

leave travel allowance cannot be paid.

70. Demand No. 10 deals with overtime allowance.

It is demanded that each workman shall be paid

overtime allowance at double the rate of the wages

with retrospective effect irrespective of his grade and

designation. It is demanded that whenever a

workman is required to work on Sundays/Holidays

and on weekly off days, they shall be paid double the

rate of wages with a paid compensatory off which

shall be allowed to be availed by a workman within

10 days of such work. It is demanded that in the event

where a workman exceeds 16 hours of duty due to

exigency of work, he/she shall be paid overtime

allowance as above and shall be given a paid

compensatory-off, consequent to such work.

71. Overtime Allowance is a right. It should be

granted as demanded except for paid compensatory

off for working on Sundays/Holidays and on weekly

off days.

72. Demand No. 11 deals with Leave Facilities. It

reads as follows:

“It is demanded that with effect from 01-01-2011,

all the workmen shall be made eligible to the

following leave facilities :

(a) Privilege Leave

30 days per year with the

facility to accumulate

upto 100 days and encash

leave above 50 days.

(b) Casual Leave

12 days per year with the

facility to accumulate

upto 30 days or with a

facility to encash the

balance leave.

10 days per year with a

facility to accumulate

upto 30 days.

(d) Holidays

12 days per year which

shall be finalized in the

month of January every

year between the Union

and the Management.

73. The profits of Party II were meager. It was not

possible to raise wages and allowances to the

required level because of the same. This inadequacy

can be compensated to a certain extent by granting

Demand No. 11 with one exception. The exception is

that there shall be no facility to encash the balance

casual leave. Subject to this exception, demand

No. 11 can be granted.

74. Demand No. 12 deals with rest rooms and

lockers. It is demanded that all workmen be provided

with proper rest rooms and lockers.

75. Party II has made meager profits. They cannot

be directed to provide rest rooms and lockers.

Therefore, demand No. 12 cannot be granted.

76. Demand No. 13 deals with Company’s

accommodation. It is demanded that all the workers

be provided with Company’s accommodation.

77. Party II has made meager profits. They cannot

be directed to provide Company’s accommodation

to all workmen. Hence, demand No. 13 cannot be

granted.

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385

78. Demand No. 14 deals with interest free loan

facility. It is demanded that each workman shall be

made eligible to an interest free loan facility to an

extent of Rs. 25,000/- without Surety, to be deducted

in 50 equal installments.

79. The financial condition of Party II does not

allow the grant of such loans. Hence demand No. 14

cannot be granted.

80. Demand No. 15 deals with bonus. It is

demanded that from 01-01-2011, all the workmen be

paid Bonus for every financial year at the rate of 20%

without any ceiling.

81. The financial condition of Party II does not

allow the grant of such bonus. The interest of the

workmen will be protected by the Payment of Bonus

Act, 1965.

82. Demand No. 16 deals with festival advance. It

reads as follows:

“It is demanded that each workman shall be paid

Rs. 4,000/- as Festival Advance to be deducted in 8

equal installments at least 10 days prior to the

following festival, every year.

(a) Ganesh Chaturthi Festival.

(b) Christmas Festival.

83. The profits of Party II are very meager.

Therefore, demand No.16 cannot be granted.

84. Demand No. 17 deals with service charge. It is

demanded that

(a) all the workmen shall be paid 10% service

charge per month on the gross sales in the

Hotel.

(b) all service charges shall be distributed

equally to all ranks and file.

85. The profits of Party II are meager and

fluctuating. Service charge will increase the cost of

goods and services provided by Party II. This is not

good for business as it will reduce its competitive

edge. Therefore, demand No. 17 cannot be granted.

86. By demand No. 18, it is demanded that detailed

letters of Appointment/Confirmation in service be

issued to each workman specifying his/her date of

joining, confirmation in service, grade etc. This is a

reasonable demand. It should be granted.

87. Demand No. 19 is regarding interim-reliefs.

The stage for interim reliefs is over. Demand No. 19 is

infructuous.

88. Demand No. 20 is regarding the period of

settlement. It is demanded that the settlement shall

be for a period of three years from 01-01-2011 to

31-12-2013.

89. There is nothing wrong with this demand and

it can be granted.

90. For the reasons stated above, Party I Union has

partly proved that the demand raised by it on behalf

of the workmen against Party II are legal and justified.

Hence, I hold Issue No. 1 partly in the affirmative.

91. Issue No. 2:- The case of Party II is that the

Reference is not maintainable as there is no Company

by the name of M/s Sun Village (De Souza Group) at

Arpora, Bardez-Goa.

92. We are adjudicating upon and an industrial

dispute raised at the instance of workmen. Workmen

are not experts on Company law. They do not look at

the Certificate of Incorporation of their Employer

(Company) before raising a Charter of Demands. It is

sufficient if they identify their Employer with

reasonable certainty. In other words the identifiers

should know who they are identifying and the

identified Company should know that it is being

identified.

93. The Certificate of Incorporation of Party II is at

Exh. 45. It is dated 08-04-2008. Party II is called Sun

Village Resorts Private Limited. In the reference it is

called M/s Sun Village (De Souza Group).

94. Notices were issued to M/s. Sun Village (De

Souza Group) during the conciliation proceedings

and Party II received the same.

95. Summons were issued by this Tribunal to M/s.

Sun Village (De Souza Group) and Party II received

the same.

96. Exh. 51 is the list of employees working for Party

II. Party II has produced the same. This letter is typed

on the letter-head of “Sun Village”.

97. Shri Kushal Kashinath Biramane (Witness I for

Party II) deposes that Exh. 51 is on the letter head of

“Sun Village”. Therefore, Party II was representing

to others on its letter head that it was called “Sun

Village”.

98. Shri Kushal Kashinath Biramane (Witness I for

Party II) deposes that “Sun Village” has its own web-

site and its rates and tariffs are shown on the web-

site. Therefore, Party II has identified itself as “Sun

Village” on its web-site.

99. Shri Kushal Kashinath Biramane (Witness I for

Party II) deposes that the Hotel was started in the

year 1997. He deposes that at that time it was owned

by a firm called “DeSouza Hotel Resorts Sun Village”.

100. Shri Kushal Kashinath Biramane (Witness I for

Party II) deposes that the Company (Sun Village

Resorts Pvt. Ltd.) was owned by M/s. De Souza

Leisures Pvt. Ltd., which in turn belongs to the

“De Souza Group”.

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101. Under these circumstances, the workmen

(Party I) identifying Party II as M/s. Sun Village

(De Souza Group) is reasonable. It refers to “Sun

Village Resorts Pvt. Ltd.”. Therefore, Party II has failed

to prove that the reference is not maintainable as

there is no Company by the name of M/s. Sun Village

(De Souza Group) at Arpora, Bardez, Goa. Hence, I

hold Issue No. 2 in the negative.

102. Issue No. 3:- It is the case of Party II that Sun

Village Resorts Employees Welfare Association is a

recognized Union of Party II. That, on 20-12-2011,

Party II and the workmen represented by Sun Village

Resorts Employees Welfare Association entered into

a Settlement. Therefore, the case of Party II is that

the present reference is without application of mind

by the appropriate Government.

103. The Settlement dated 20-12-2011 between

Party II and Sun Village Resorts Employees Welfare

Association was not made during a conciliation

proceeding. Therefore, it was not binding on Party I.

104. Party II has stated in the Written Statement

that 18 workmen (who are members of Party I) have

written letters stating that they were coerced to

accept the Settlement.

105. Under these circumstances, the Government

had the powers to refer the dispute to this Tribunal.

Therefore, Party II had failed to prove that in view of

Settlement dated 20-12-2011 between Party II and

the Sun Village Resorts Employees Welfare

Association the present reference is without

application of mind by the appropriate Government.

Hence, I hold Issue No. 3 in the negative.

106. The Learned Advocate for Party II, Shri P. J.

Kamat argues that when a recognized Union having

majority of workers has entered into a Settlement,

the minority Union would be bound by the same if it

is reasonable. The Learned Advocate of Party II has

relied upon the law laid down in Herbertson’s

Limited V/s Workmen of Herbertson’s Limited and

others (1977 SCR (2) 15) in support of this contention.

107. In Herbertson’s Limited V/s Workmen of

Herbertson’s Limited and Ors. (1977 SCR (2) 15) an

Award passed for wages, etc. by an Industrial

Tribunal was impugned by appeal by Special Leave

before the Hon’ble Supreme Court. During the

pendency of the proceedings, a majority recognized

Union entered into a Settlement with the

Management. The Parties agreed that if the

Settlement was fair and just, they would allow it to

substitute the Award. The Hon’ble Supreme Court

asked the Industrial Tribunal to enquire and report if

the Settlement was fair and just. The Industrial

Tribunal submitted its report after an enquiry. At this

stage, the minority Union said that the Settlement

was not binding on it. The Hon’ble Supreme Court

held that the Settlement was fair and just and allowed

the Settlement to substitute the Award. This was

done because at an earlier stage, the minority Union

had agreed that if the Settlement was fair and just, it

could substitute the Award. The facts of the present

case is different. There is no agreement by Party I to

accept the Settlement with the majority Union, if it

was just and fair. Hence, this case-law does not apply.

108. The Leaned Advocate for Party II, Shri P. J.

Kamat has relied upon the law laid down in New

Standard Engineering Co. Ltd. V/s N. L. Abhyankar

and Ors. (1978 SCR (2) 798). In this case, an Award

for wages etc. was passed by the Industrial Tribunal.

The Award was challenged in a Writ Petition before

the Hon’ble High Court. The majority Union

(Respondent No. 3) and the Employer entered into a

Settlement during the pendancy of the Writ Petition.

The Employer wanted an Award to be made in terms

of the Settlement or for a direction to the Tribunal to

consider if the Settlement was fair and reasonable.

The Hon’ble High Court dismissed the Writ Petition

on merits. Aggrieved by the same, the Employer

preferred a Special Leave Petition to appeal.

“Consent Terms” were filed by the Learned Counsel

for the Parties. Thereupon notices were served on all

concerned and the matter was referred to the

Industrial Tribunal to decide upon issues, one of

which was as to whether the Settlement was just

and fair. The Industrial Tribunal gave its findings on

the issues. Finding that the Settlement was just and

fair and also finding that the Settlement was accepted

by a large majority of the workmen, the Hon’ble

Supreme Court substituted the Award of the Tribunal

with the Settlement.

109. It should be noted that in the above case, the

issues were referred to the Tribunal upon “Consent

Terms” being filed by the Advocates for the Parties.

By necessary implication, the Parties had agreed that

the issues be referred and thereafter orders passed

based on the finding on the issues. There are no

“Consent Terms” of such nature before this Tribunal

in this case and hence the above-mentioned case-

law does not apply.

110. The Learned Advocate for Party II Shri P. J.

Kamat argues that Party II is a 4 Star Hotel. That Party

I has adduced evidence to show what is paid to

workmen in M/s. Ronil Beach Resort which is a 3 Star

Hotel and Leela Goa which is a 5 Star Hotel. The

Learned Advocate for Party II argues that these

hotels are not comparable with Party II. The Learned

Advocate for Party II argues that the Profit and Loss

Accounts of M/s. Ronil Beach Resorts and Leela Goa

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 16

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387

have not been produced. The Learned Advocate for

Party II relies upon the law laid down in Concept

Pharmaceuticals Ltd. V/s Concept Pharmaceuticals

Kamgar Sanghatana (2005 II CLR 337) in support of

his arguments.

111. I am aware of these shortcomings in the

evidence of Party I.

112. That is why this Tribunal has granted on most

of the demands what has been granted to the

workmen in the Settlement between Party II and the

Sun Village Resorts Employees Welfare Association.

These are based on the admitted capacity of Party II

to pay. It is only in VDA and Overtime Allowance

that this Tribunal has given some additional

monetary benefits. Even Variable Dearness

Allowance has been granted well below what is

granted by M/s. Ronil Beach Resort and Leela Goa

taking into account the low profits earned by Party II.

113. The Learned Advocate for Party I, Shri Suhaas

Naik argues that the accounts submitted by Party II

are false.

114. There is no evidence to prove that the

accounts submitted by Party II are false.

115. Party I has not demanded Seniority Increments.

Nevertheless, this Tribunal proposes to award

seniority increments to the members of Party I. It shall

be considered to be a part and parcel of their revised

wages.

Hence, I pass the following:-

ORDER

Demand No.1 is partly granted. The

classification of the workers shall be as follows:-

Grade-I–Unskilled Category

Utility worker, Helper, Gardener, Sweeper, Labourer

and employee by whatever names called doing the

work of the nature done by persons falling under the

above entries.

Grade-II–Semi Skilled/Junior Skilled Category

The employee appointed has some minimum

expectable experience useful for organizational

purpose in this listed category i.e. (1) Jr. Resort

Attendant (2) Jr. Room Boy (3) Jr. Pool Attendant

(4) Jr. Bell Boy (5) Jr. Desk Attendant (6) Jr. EDP Asst.

(7) Jr. Time Office/Personnel Asst. (8) Jr. Account

Asst. (9) Jr. Cashier (10) Asst. Steward (11) Asst. Linen

Keeper (12) Asst. Tailor (13) Asst. Technician (14) Asst.

Electrician (15) Asst. Plumber (16) Asst. Carpenter

(17) Asst. Painter (18) Asst. A. C. Tech. (19) Asst. Mason

(20) Asst. Store Keeper (21) Asst. Cahier (22) Asst.

Reservation (23) Commi – III.

Grade–III-Skilled Category

(1) Resort Attendant (2) Pool Attendant (3) Bell Boy

(4) COM II (5) Desk Attendant (6) Steward (7) Linen

Keeper (8) Tailor (9) Room Boy (10) Electrician

(11) Plumber (12) Carpenter (13) Painter (14) A. C. Tech

(15) Store Keeper (16) Cashier (17) Reservation

(18) Time Office Personnel Asst. (19) Transport

Supervisor (20) Accountant (21) Tr. Captain (22) EDP Asst.

Grade –IV-Senior Skilled/Supervisor Category

(1) Sr. Time Office/Personnel Asst. cum Transport

Supervisor (2) Captain (3) COM I (4) Demi CDP

(5) EDP Asst. (6) Chef de Parties (7) Asst. F & B

Controller (8) Front Office Supervisor (9) Jr. Chef.

Grade-V-High Skilled/Senior Supervisor Category

(1) Sr. Personnel Asst. (2) Catering (3) Sr. House-

Keeping Supervisor (4) Sr. Bar Captain Supervisor

(5) Sr. Captain.

Grade-VI – Trainees

Means

apprentice

who

undergoes

apprenticeship Training in any trade or occupation

to meet the requirement of the Company and fits into

the working categories in the Grades I to V. The

Trainees will be given adequate training in the

Categories/Skills required by a Company for a fixed

period depending upon the trade in which trainee

will be taken in service. Trainee shall be paid stipend

during the period of training and trainee shall not be

entitled for any other allowances/benefits which are

paid/payable to the regular/permanent employees

of the Company.

The pay-scales of the workers shall be as follows:-

Grade I-

4000-50-4250-60-4550-70-4900-80-5300

Grade II-

4100-60-4400-70-4750-80-5150-90-5600

Grade III-

4200-70-4550-80-4950-90-5400-100-5900

Grade IV-

4500-80-4900-90-5350-100-5850-110-6400

Grade V-

4600-90-5050-100-5550-110-6100-120-6700

All the workmen shall be given seniority increments

as follows:-

i) Employees completing 1 year

One increment.

and above but less than 3 years

as on 31-03-2012

ii) Employees completing 3 years

Two increments.

& above but less than 6 years

as on 31-03-2012

iii) Employees completing 6 years

Three increments.

& above as on 31-03-2012

The pay-scale should be made effective from

01-01-2011.

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ii) Demand No. 2 is partly granted. A sum of Rs. 150/-

shall be added to the existing House-Rent

Allowance with effect from 01-01-2011 and

further increased at the rate of Rs. 150/- from

01-01-2012 and further increased at the rate of

Rs. 150/- from 01-01-2013 for workers in Grade

I, II and III. A sum of Rs. 250/- shall be added to

the existing House-Rent Allowance with effect

from 01-01-2011 for workmen in Grades IV and

V. Their House-Rent Allowance shall be further

increased by Rs. 250/- from 01-01-2011 and

further increased by Rs. 250/- from 01-01-2013.

iii) Demand No. 3 for Fixed Dearness Allowance is

rejected.

iv) Demand No. 4 is partly granted. Variable

Dearness Allowance is granted at the rate of

Rs. 0.70 paise per point over and above the

base 3500 points AAICPI (1960=100) with

effect from 01-01-2011. The Variable Dearness

Allowance shall be revised quarterly.

v) Demand No. 5 is partly granted. The Travelling

Allowance of workers in Grade I, II and III shall

be increased by Rs. 100/- with effect from

01-01-2011 and further increased by Rs. 100/-

from 01-01-2012 and further increased by

Rs. 100/- from 01-01-2013. The Travelling

Allowance of workers in Grades IV and V shall

be increased by Rs. 150/- with effect from

01-01-2011, and further increased by Rs. 150/-

from 01-01-2012 and further increased by

Rs. 150/- from 01-01-2014.

vi) Demand No. 6 is partly granted. The Washing

Allowance of workmen in Grades I, II and III is

increased by Rs. 100/- with effect from 01-01-2011,

further increased by Rs. 100/- from 01-01-2012

and further increased by Rs. 100/- from 01-01-2013.

The Washing Allowance of workmen in Grades

IV and V are increased by Rs. 150/- with effect

from 01-01-2011, further increased by Rs. 150/-

from 01-01-2012 and further increased by

Rs. 100/- from 01-01-2013.

vii) Demand No. 7 for Shift Allowance is rejected.

viii) Demand No. 8 for out-door food allowance is

rejected.

ix) Demand No. 9 for leave travel allowance is

rejected.

x) Demand No. 10 is partly granted. Each

workman shall be paid overtime allowance at

double the rate of the wages irrespective of

his grade or designation. Whenever a

workman is required to work on Sundays/

/Holidays and on weekly off days, they shall be

paid double the rate of wages. In the event

where a workman exceeds 16 hours of duty due

to exigency of work, he/she shall be paid

overtime allowance as above and shall be given

a paid compensatory off, consequent to such

work.

xi) Demand No. 11 is partly granted. All workmen

shall be eligible to the following leave facilities:-

(a) Privilege Leave

: 30 days per year with the

facility to accumulate

upto 100 days and encash

leave above 50 days.

(b) Casual Leave

: 12 days per year with the

facility to accumulate

upto 30 days.

: 10 days per year with a

facility to accumulate

upto 30 days.

(d) Holidays

: 12 days per year which

shall be finalized in the

month of January every

year between the Union

and the Management.

xii) Demand No. 12 for rest-rooms and lockers are

rejected.

xiii) Demand No. 13 for Company’s accommodation

is rejected.

xiv) Demand No. 14 for interest free loan facility is

rejected.

xv) Demand No. 15 for bonus is rejected.

xvi) Demand No. 16 for festival advance is rejected.

xvii) Demand No. 17 for collection and distribution

of service charges is rejected.

xviii) Demand No. 18 is granted. Detailed letters of

Appointment/Confirmation in service shall be

issued to each workman specifying his/her

date of joining, confirmation in service, grade etc.

xix) Demand No. 19 for interim reliefs is rejected as

infructuous.

xx)

Demand No. 20 is granted. This Award shall

be for a period of 3 years from 01-01-2011 to

31-12-2013.

xxi) No orders as to costs.

xxii) Inform the Government accordingly.

Sd/-

(Anil Scaria),

Presiding Officer,

Industrial Tribunal and

Labour Court.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 16

20TH JULY, 2023

389

Department of Personnel

–––

Order

No. 7/25/2022-PER/3011

Government of Goa is pleased to give charge of

the post of Resident Commissioner, Goa Sadan,

New Delhi to Shri Vikas Kamble, Deputy Resident

Commissioner in addition to his own duties with

immediate effect, thereby relieving Shri Sreekanth T.,

IAS, from the post of Resident Commissioner.

By order and in the name of the Governor of

Goa.

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

Porvorim, 11th July, 2023.

Order

No. 22/10/2018-PER/3037

Read: Order No. 14020/01/2023-UTS.I dated

08-06-2023 issued by the Ministry of Home

Affairs, Government of India, New Delhi.

The Governor of Goa is pleased to relieve

Shri Shivendu Bhushan, IPS (AGMUT: 2019),

Superintendent of Police (ANC), from the State

Administration with effect from 31-07-2023 (a. n.) to

join his new posting at Mizoram.

By order and in the name of the Governor of

Goa.

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

Porvorim, 13th July, 2023.

————

Order

No. 7/17/2022-PER/3059

Read: Order No. 14020/01/2023-UTS.I dated 08-06-2023.

The Governor of Goa is pleased to relieve the following IAS officers from this Administration w.e.f.

31-07-2023 (a. n.) to join their new assignment/posting in pursuance to Ministry of Home Affairs order read

in the preamble:

Sr.

Name of the Officer

Designation

Transferred to

No.

Shri Michael M. D’Souza, IAS (2015)

Director (Training), GIPARD

Ladakh.

Ms. Jyoti Kumari, IAS (2018)

Chief Executive Officer,

Andaman & Nicobar

Entertainment Society of Goa

Islands.

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

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

Porvorim, 14th July, 2023.

————

Order

No. 5/23/2022-PER/3069

On the recommendation of the Goa Services Board, the Governor of Goa is pleased to order the transfer

of the following Junior Scale Officers of Goa Civil Service, in public interest, with immediate effect:

Sr.

Name and present

Posted as

No.

posting of the Officer

Shri Sohan Uskaikar, Chief Officer, Ponda

Assistant Director, Handicrafts, Textile &

Municipal Council with additional charge

Coir with additional charge of General

of General Manager, GIDC

Manager, GIDC.

390

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 16

20TH JULY, 2023

Shri Premraj Shirodkar,

Deputy Collector,

Under Secretaty (Exp.),

South-I with additional

Finance

charge of Deputy

Collector, South-II.

Shri Naresh Gaude,

Under Secretary (Exp.),

Deputy Collector,

Finance.

South-I with additional

charge of Deputy

Collector, South-II

Shri Shubham Naik, Deputy Registrar, Goa

Engineering College shall hold the charge of post of

Chief Officer, Ponda Municipal Council in addition

to his own duties.

The officers shall complete handing over and

taking over process with immediate effect and

submit compliance.

By order and in the name of the Governor of

Goa.

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

Porvorim, 17th July, 2023.

Notification

No. 7/1/2023-PER/2098

In exercise of the powers conferred by Article

316 of the Constitution of India, read with Regulation

3 of the Goa Public Service Commission (Members

and Staff) (Conditions of Service) Regulations, 2020,

the Governor of Goa is pleased to appoint

Dr. Udaysinh Shrikant Raorane, as Member of the

Goa Public Service Commission, from the date of

taking over the charge.

By order and in the name of the Governor of

Goa.

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

Porvorim, 10th July, 2023.

————

Corrigendum

No. 15/7/2003-PER(Part-I)/3025

Read: Order No. 15/7/2003-PER(Part-I)/2028 dated 04-07-2023.

In the order read in the preamble, the row at Sr. No. 6 shall be corrected to read as follows:-

Sr. No.

Name of the Officer

Results

Remarks

Smt. Seema S. S. Gudekar

Failed

Failed in Paper V & VI.

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

Porvorim, 11th July, 2023.

——————

Department of Public Health

–––

Order

No. 44/34/2018-I/PHD/1007

Government is pleased to accept the resignation tendered by Dr. Siddharth Naik, Medical Officer under

Directorate of Health Services and to relieve him from the post of Medical Officer under Directorate of

Health Services with effect from 11-05-2023 (b. n.).

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

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 6th July, 2023.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 16

20TH JULY, 2023

391

Raj Bhavan

–––

Order

No. GS/DPC/1/2007/1409

The Hon’ble Governor of Goa is pleased to

appoint on promotion on the recommendation of

Departmental Promotion Committee and Board, Smt.

Shreya S. Gurav, Senior Assistant to the post of

Section Officer, Group ‘B’ Non-Ministerial, Gazetted

in the Governor’s Secretariat, Raj Bhavan, Goa, on

regular basis in the Pay Level-7 in 7th CPC with

immediate effect as per Section 3(b) of Goa

Governor’s Secretariat (Recruitment and Conditions

of Service) Rules, 2010.

Smt. Shreya Gurav shall exercise her option for

fixation of her pay in the promotional grade, in terms

of provision of F. R. 22(I)(a)(1) within a period of one

month from the date of her promotion as Section

Officer.

Smt. Shreya Gurav shall be on probation for a

period of two years from the date of joining as per

the Office memorandum No. 12/14/89-PER(Part)

dated 12-08-2014.

The expenditure to the Budget Head of Account

2012—Governor, 03—Governor Administration/UTs,

090—Secretariat, 01—Secretariat of the Governor

(charged), 01—Salaries.

Sanjeev C. Gauns Dessai, Add. Secretary to Governor.

11th July, 2023.

——————

Department of Town & Country Planning

–––

Notification

No. 36/18/70/RPG-21/Siolim/171/20/TCP-2023/140

Whereas, the Department is in receipt of an

application dated 05-06-2023 (hereinafter referred to

as the “said Application”) under sub-section (2) of

Section 17 of the Goa Town and Country Planning

Act, 1974 (Act 21 of 1975) (hereinafter referred to as

the “said Act”) for correction of inconsistent/

/incoherent zoning provisions in the Regional Plan

for Goa-2021 (RPG-2021) in respect of plot of land

admeasuring an area of 4825 m2, surveyed under

Survey No. 171, sub-division No. 20, of Village Siolim,

Bardez Taluka, District North Goa, State of Goa

(hereinafter referred to as the “said plot of land”);

And whereas, the correction/rectification as

requested by the applicant has been scrutinized and

a Report of the Department alongwith the report from

a registered professional was submitted to the

Government for decision (hereinafter referred to as

the “said Reports”);

And whereas, the Government has considered the

said Reports and it is of the opinion that alteration/

/modification is necessary to be carried out to the

RPG-2021 for the purpose of rectifying inconsistent/

/incoherent zoning that has occurred in the RPG-

-2021 and it has directed the Chief Town Planner

(Planning) to carry out alteration/modification to the

RPG-2021 for the purpose of correcting/rectifying the

zone of plot of land surveyed under Survey No. 171

sub-division No. 20, of Village Siolim, Bardez Taluka

admeasuring an area of 4825 m2 only which is

earmarked as Paddy Field as per RPG-2021, to

Settlement zone by issuing Notification under sub-

section (2) of Section 17 of the said Act;

Now, therefore, as directed by the Government and

in pursuance of sub-section (2) of Section 17 of the

Goa Town and Country Planning Act, 1974 (Act 21 of

1975), the following alteration/modification to the

RPG-2021 is hereby carried out, namely:-

In the RPG-2021, the zone of the plot of land

admeasuring an area of 4825 m2, surveyed under

Survey No. 171, sub-division No. 20, of Village Siolim,

Bardez Taluka, District North Goa, State of Goa which

is earmarked as Paddy Field as per RPG-2021 is

hereby corrected as Settlement zone.

Rajesh J. Naik, Chief Town Planner (Planning).

Panaji, 19th July, 2023.

–––––—

Notification

No. 36/18/33/17(2)/RPG-21/Raia/150/15-L/TCP-2023/141

Whereas, the Department is in receipt of an

application dated 05-04-2023 (hereinafter referred to

as the “said Application”) under sub-section (2) of

Section 17 of the Goa Town and Country Planning

Act, 1974 (Act 21 of 1975) (hereinafter referred to as

the “said Act”) for correction of inconsistent/

/incoherent zoning provisions in the Regional Plan

for Goa-2021 (RPG-2021) in respect of plot of land

admeasuring an area of 253 m2, surveyed under

Survey No. 150, sub-division No. 15-L, of Village Raia,

Salcete Taluka, District South Goa, State of Goa

(hereinafter referred to as the “said plot of land”);

And whereas, the correction/rectification as

requested by the applicant has been scrutinized and

a Report of the Department alongwith the report from

a registered professional was submitted to the

Government for decision (hereinafter referred to as

the “said Reports”);

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 16

20TH JULY, 2023

And whereas, the Government has considered the

said Reports and it is of the opinion that alteration/

/modification is necessary to be carried out to the

RPG-2021 for the purpose of rectifying inconsistent/

/incoherent zoning that has occurred in the RPG-

-2021 and it has directed the Chief Town Planner

(Planning) to carry out alteration/modification to the

RPG-2021 for the purpose of correcting/rectifying the

zone of plot of land surveyed under Survey No. 150,

sub-division No. 15-L, of Village Raia, Salcete Taluka

admeasuring an area of 253 m2 only which is

earmarked as Paddy Field as per RPG-2021, to

Settlement zone by issuing Notification under sub-

-section (2) of Section 17 of the said Act;

Now, therefore, as directed by the Government and

in pursuance of sub-section (2) of Section 17 of the

Goa Town and Country Planning Act, 1974 (Act 21 of

1975), the following alteration/modification to the

RPG-2021 is hereby carried out, namely:-

In the RPG-2021, the zone of the plot of land

admeasuring an area of 253 m2, surveyed under

Survey No. 150, sub-division No. 15-L, of Village Raia,

Salcete Taluka, District South Goa, State of Goa which

is earmarked as Paddy field as per RPG-2021 is hereby

corrected as Settlement zone.

Rajesh J. Naik, Chief Town Planner (Planning).

Panaji, 19th July, 2023.

–––––—

Notification

No. 36/18/65/17(2)/RPG-21/Curtorim/116/2/TCP-2023/142

Whereas, the Department is in receipt of an

application dated 26-04-2023 (hereinafter referred to

as the “said Application”) under sub-section (2) of

Section 17 of the Goa Town and Country Planning

Act, 1974 (Act 21 of 1975) (hereinafter referred to as

the “said Act”) for correction of inconsistent/

/incoherent zoning provisions in the Regional Plan

for Goa-2021 (RPG-2021) in respect of plot of land

admeasuring an area of 1875 m2, surveyed under

Survey No. 116, sub-division No. 2, of Village Curtorim,

Salcete Taluka, District South Goa, State of Goa

(hereinafter referred to as the “said plot of land”);

And whereas, the correction/rectification as

requested by the applicant has been scrutinized and

a Report of the Department alongwith the report from

a registered professional was submitted to the

Government for decision (hereinafter referred to as

the “said Reports”);

And whereas, the Government has considered the

said Reports and it is of the opinion that alteration/

/modification is necessary to be carried out to the

RPG-2021 for the purpose of rectifying inadvertent/

/inconsistent/incoherent error zoning that has

occurred in the RPG-2021 and it has directed the

Chief Town Planner (Planning) to carry out

alteration/modification to the RPG-2021 for the

purpose of correcting/rectifying the zone of part of

plot of land surveyed under Survey No. 116, sub-

-division No. 2, of Village Curtorim, Salcete Taluka

admeasuring an area of 465 m2 only which is

earmarked as Paddy Field as per RPG-2021, to

Settlement zone by issuing Notification under sub-

-section (2) of Section 17 of the said Act;

Now, therefore, as directed by the Government

and in pursuance of sub-section (2) of Section 17 of

the Goa Town and Country Planning Act, 1974 (Act

21 of 1975), the following alteration/modification to

the RPG-2021 is hereby carried out, namely:-

In the RPG-2021, the zone of part of the plot of

land admeasuring an area of 465 m2, surveyed under

Survey No. 116, sub-division No. 2, of Village

Curtorim, Salcete Taluka, District South Goa, State of

Goa which is earmarked as Paddy Field as per RPG-

2021 is hereby corrected as Settlement zone.

Rajesh J. Naik, Chief Town Planner (Planning).

Panaji, 19th July, 2023..

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