SERIES II No. 2

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

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

Panaji, 13th April, 2023 (Chaitra 23, 1945)

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

–––

Order

No. 2/14/95/Agri(Part)/Vol-II/40

Government is pleased to order the transfer and

post Shri Mahesh L. Kankonkar, Assistant

Agricultural Officer, Zonal Agriculture Office,

Margao, Group ‘B’ Gazetted against the newly

created post of Assistant Agriculture Officer, Zonal

Agriculture Office, Marmugao under the B.H. “2401-

-00-001-01-01 Salaries, with immediate effect.

This is issued with the approval of Government

vide entry No. 826 dated 19-01-2023.

By order and in the name of the Governor of

Goa.

Nevil Alphonso, Director (Agriculture) & ex officio

Jt. Secretary.

Tonca, Caranzalem, 5th April, 2023.

———uuu———

Department of Archives

–––

Order

No. 9/12/8/EDN/2020/Part file-AAGR(I)/05

Read: Memorandum No. 9/12/8/EDN/2020/Part

File-AAGR(I)/2287 dated 17-02-2023.

On the recommendation of Goa Public Service

Commission vide letter No. COM/I/5/4(1)/2016/439

Note:- There is one Extraordinary issue to the Official

Gazette, Series II No. 1 dated 06-04-2023 namely,

Extraordinary dated 08-04-2023 from pages 29

to 37 regarding Orders and Notifications from

Goa State Election Commission.

39

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

dated 18th January, 2023, Ms. Dolvyn Saviona

Braganza is appointed on temporary basis to the

post of Assistant Archivist Grade I, Group ‘B’

Gazetted in the Department of Archives, Government

of Goa in the Pay Scale of PB-2, Level-6 (Rs. 9300-

34800+Grade Pay 4200) with immediate effect.

Ms. Dolvyn Saviona Braganza has been declared

fit by the Medical Board of Goa Medical College

forwarded vide letter No. 4/105/85-H/GMC/2023/220

dated 23-03-2023. Further, her character and

antecedents have been verified by the concerned

authority and communicated that nothing adverse

is reported against her.

Ms. Dolvyn Saviona Brazanza will be on probation

for a period of two years.

The expenditure on her pay and allowances shall

be debited to the Budget Head of Accounts as

follows.

Demand No. 45

2205—Art and Culture;

00—

104—Archives;

01—Archives Department (NP);

01—Salaries.

By order and in the name of the Governor of

Goa.

Dipak M. Bandekar, Director (Archives)/ex officio

Additional Secretary.

Panaji, 3rd April, 2023.

———uuu———

Department of Civil Supplies and

Consumer Affairs

–––

Corrigendum

No. DCS/ADCS/CC/DCPC/115/2022-23/73

Read: Notification No. DCS/ADCS/CC/DCPC/115/

/2022-23/2396 dated 19-10-2022.

In the above read Notification, the Column No. 2

at Sr. No. 5 under the Members of District Consumer

40

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

Protection Council, North Goa and under the

Members of District Consumer Protection Council,

South Goa, may be read as “Scientist E/Director

and Head, Bureau of Indian Standards, Southern

Region (Hubli Branch Office), Karnataka and

Column No. 2 at Sr. No. 27 under the Members of

District Consumer Protection Council, North Goa,

may be read as “Officer In charge-All India Radio,

Panaji”.

Rest of the contents of the said notification

remains unchanged.

By order and in the name of the Governor of

Goa.

Gopal A. Parsekar, Director (Civil Supplies and

Consumer Affairs) & ex officio Joint Secretary.

Panaji, 10th April, 2023.

Department of Co-operation

Office of the Registrar of Co-operative Societies

–––

Order

No. 3-20-2004/EST/RCS/17

In exercise of the powers conferred under Section

11 of the Transgender Persons (Protection of Rights)

Act, 2019 (Central Act No. 40 of 2019), the Deputy

Registrar of Co-operative Societies (Admn.) of this

Department is hereby designated as “Complaint

Officer” to deal with complaints relating to violation

of the provisions of the said Act.

Given under the seal of this office.

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

Societies).

Panaji, 4th April, 2023.

————

Order

No. 9-26-2023/EST/RCS/5093

Read: 1. Order No. 43/2/2005/TS/RCS/1246 dated 26-06-2018.

2. Order No. 43/2/2005/TS/RCS/5931 dated 11-03-2020.

In supersession of the Orders read above and all earlier orders to that effect and in exercise of the powers

conferred under sub-sections (1) and (2) of Section 5 of the Right to Information Act, 2005

(Central Act 22 of 2005), I, the undersigned Registrar of Co-operative Societies, Government of Goa do

hereby designate the following Officers as the Public Information Officers (P.I.O.), Assistant Public Information

Officers (A.P.I.O.) and the First Appellate Authority (F.A.A.) in the respective offices for respective subjects/

wings/sections as below.

Sr.

Name & Address

Particular Wing/

Public Information

Assistant Public

First Appellate

No.

of the Office/

/Section/Branch

Officer (P.I.O.)

Information

Authority

/Public Authority

of the office

designated

Officer (A.P.I.O.)

(F.A.A.)

designated

designated

1

2

3

4

5

6

1.

O/o. the Registrar of

Establishment

Superintendent

Head Clerk

Deputy Registrar

Co-operative Societies,

Section

of Co-operative

Sahakar Sankul, 4th

Societies (Admin).

& 5th Floors, Patto

Plaza, Panaji, Goa

2.

O/o. the Registrar of

Accounts

Assistant

Accountant

Deputy Registrar

Co-operative Societies,

Section

Accounts Officer

of Co-operative

Sahakar Sankul, 4th

Societies (Admin).

& 5th Floors, Patto

Plaza, Panaji, Goa

3.

O/o. the Registrar of

Planning

Asstt. Registrar

Co-operative

Deputy Registrar

Co-operative Societies,

Section

of Co-operative

Officer posted

of Co-operative

Sahakar Sankul, 4th

Societies (Wing V)

in Wing V

Societies (Tech.).

& 5th Floors, Patto

Plaza, Panaji, Goa

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

41

1

2

3

4

5

6

4.

O/o. the Registrar of

Wing-I

Asstt. Registrar

CO-II and

Deputy Registrar

Co-operative Societies,

of Co-operative

CO-IV

of Co-operative

Sahakar Sankul, 4th

Societies (Wing I)

Societies at Head

& 5th Floors, Patto

Office who is the

Plaza, Panaji, Goa

District Level

Incharge (D.L.I.) of

respective Zonal

Offices under

concerned Wing.

5.

O/o. the Registrar of

Wing-II

Asstt. Registrar

CO-I

Deputy Registrar

Co-operative Societies,

of Co-operative

of Co-operative

Sahakar Sankul, 4th

Societies (Wing II)

Societies at Head

& 5th Floors, Patto

Office who is the

Plaza, Panaji, Goa

District Level

Incharge (D.L.I.) of

respective Zonal

Offices under

concerned Wing.

6.

O/o. the Registrar of

Wing-III

Asstt. Registrar

CO-II

Deputy Registrar

Co-operative Societies,

of Co-operative

of Co-operative

Sahakar Sankul, 4th

Societies (Wing III)

Societies at Head

& 5th Floors, Patto

Office who is the

Plaza, Panaji, Goa

District Level

Incharge (D.L.I.)

of respective

Zonal Offices

under

concerned Wing.

7.

O/o. the Registrar of

Wing-IV

Asstt. Registrar

CO-III

Deputy Registrar

Co-operative Societies,

of Co-operative

of Co-operative

Sahakar Sankul, 4th

Societies (Wing IV)

Societies at Head

& 5th Floors, Patto

Office who is the

Plaza, Panaji, Goa

District Level

Incharge (D.L.I.)

of respective

Zonal Offices

under

concerned Wing.

8.

O/o. the Registrar of

Wing-V

Asstt. Registrar

CO-V

Deputy Registrar

Co-operative Societies,

of Co-operative

of Co-operative

Sahakar Sankul, 4th

Societies (Wing V)

Societies at Head

& 5th Floors, Patto

Office who is the

Plaza, Panaji, Goa

District Level

Incharge (D.L.I.)

of respective

Zonal Offices

under

concerned Wing.

9.

O/o. the Assistant

In respect of all

Asstt. Registrar of

Seniormost

Deputy Registrar

Registrar of Co-operative

ABN/EXE cases

Co-operative

Senior

of Co-operative

Societies, ABN/EXE,

pertaining to

Societies, ABN/EXE,

Auditor

Societies/District

42

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

1

2

3

4

5

6

North Goa District,

North Goa

North Goa District

posted at

Level Incharge

Sahakar Bhavan,

District

ABN/EXE

(D.L.I.) (North).

Curti, Ponda, Goa

Section

10. O/o. Assistant

In respect of all

Asstt. Registrar

Seniormost

Deputy Registrar

Registrar of Co-operative

ABN/EXE cases

of Co-operative

Senior

of Co-operative

Societies, ABN/EXE,

pertaining to

Societies, ABN/EXE,

Auditor

Societies/District

South Goa District,

South Goa

South Goa District

posted at

Level Incharge

Quarters C-2, C-3

District

ABN/EXE

(D.L.I.) (South).

and C-4, SIP Bldg.,

section

PWD Complex, Fatorda,

Margao, Goa & part

section housed at WRD

premises in Sy. No. 31/6,

village Navelim at

St. Pedro Moll, Mandop,

Salcete, Goa

11. O/o. Assistant

In respect of all

Asstt. Registrar

Seniormost

Dy. Registrar of

Registrar of

information pertaining

of Co-operative

Senior Auditor

Co-operative

Co-operative

to Co-operative Societies Societies,

or Junior

Societies/District

Societies, Camp

held at Camp Court

Camp Court,

Auditor

Level Incharge

Court, (VPK Urban

Office under the

(VPK Urban

deployed

(D.L.I.) (South).

Co-op. Credit

provisions of the Goa Co-op. Credit

(if any)

Society Ltd.),

Co-operative Societies

Society Ltd.), Ponda

Ponda, Goa

Act, 2001 and Rules

framed thereunder

12. O/o. Assistant

In respect of all

Assistant Registrar

Senior most

Dy. Registrar of

Registrar of

information pertaining of Co-operative

Sr. Auditor

Co-operative

Co-operative

to Co-operative

Societies, Camp

or Junior Auditor Societies/District

Societies, Camp Court

Societies held at

Court (Goa Urban

deployed (if any) Level Incharge

(Goa Urban Co-op.

Camp Court Office

Co-op. Bank Ltd.),

(D.L.I.) (North).

Bank Ltd.), Panaji-

under the

Panaji, Goa

Goa

provisions of the Goa

Co-operative Societies

Act, 2001 and Rules

framed thereunder

13. O/o. Assistant

In respect of all

Assistant Registrar

Seniormost

Dy. Registrar of

Registrar of

information

of Co-operative

Sr. Auditor

Co-operative

Co-operative Societies, pertaining to

Societies, Camp

or Junior

Societies/

Camp Court

Co-operative Societies

Court (Madgaon

Auditor

District Level

(Madgaon Urban

held at Camp Court

Urban Co-op. Bank

deployed

Incharge (D.L.I.)

Co-op. Bank Ltd.),

Office under the

Ltd.), Margao

(if any)

(South)

Margao

provisions of the

Goa Co-operative

Societies Act, 2001

and Rules framed

thereunder

14. O/o. Assistant

In respect of all

Assistant Registrar

Seniormost

Dy. Registrar of

Registrar of

information pertaining

of Co-operative

Sr. Auditor

Co-operative

Co-operative

to Co-operative Societies

Societies, Camp

or Junior

Societies/District

Societies, Camp

held at Camp Court

Court (Goa State

Auditor

Level Incharge

Court (Goa State

Office under the

Co-op. Housing

deployed

(D.L.I.) (North).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

43

1

2

3

4

5

6

Co-operative

provisions of the

Finance &

(if any)

Housing Finance &

Goa Co-operative

Federation Ltd.,

Federation Ltd.),

Societies Act, 2001

Panaji

Panaji

and Rules framed

thereunder

15. O/o. Assistant

In respect of all

Assistant Registrar

Seniormost

Dy. Registrar of

Registrar of

information pertaining

of Co-operative

Sr. Auditor

Co-operative

Co-operative

to Co-operative Societies Societies, CADA,

or Junior

Societies (Admn.)/

Societies, CADA

held at CADA Cell

Gogal, Margao,

Auditor

District

Cell, WRD

Office under the

Goa

deployed

Level Incharge

Complex, Gogal,

provisions of the

(if any)

(South).

Margao, Goa

Goa Co-operative

Societies Act, 2001

and Rules framed

thereunder

16. O/o. the Registrar of

In respect of all

Officer who is

Co-operative

Deputy Registrar

Co-operative Societies

information

Wing Incharge

Officer of the

of Co-operative

Sahakar Sankul, 4th

pertaining to

of concerned

respective

Societies at Head

& 5th Floors, Patto

Co-operative

Society at Head

Wing under

Office who is

Plaza, Panaji, Goa

Societies held by

Office to whom

which the

the District

any

the information

Society

Level Incharge

a) Registrar’s

relates. Such

concerned

(D.L.I.) of

Nominees

Officer shall

relates

respective Zonal

b) Auditors on

procure the

Offices under

panel of

information

concerned Wing.

Auditors

from concerned

c) Reconciliators

person and

d) Administrators

furnish to the

e) Liquidators

applicant

Other such persons

or a committee

appointed or

constituted by the

Registrar under the

provisions of the Goa

Co-operative Societies

Act, 2001 and Rules

framed thereunder

Given under the seal of this office.

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

Panaji, 31st March, 2023.

————

Order

No. 9-26-2023/EST/RCS/5094

Read: 1. Order No. 43/2/2005/TS/RCS/1246 dated 26-06-2018.

2. Order No. 43/2/2005/TS/RCS/5931 dated 11-03-2020.

In supersession of the Orders read above and all earlier orders to that effect and in exercise of the powers

conferred under sub-sections (1) and (2) of Section 5 of the Right to Information Act, 2005

(Central Act 22 of 2005), I, the undersigned Registrar of Co-operative Societies, Government of Goa do

hereby designate the following Officers as the Public Information Officers (P.I.O.), Assistant Public

44

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

Information Officers (A.P.I.O.) and the First Appellate Authority (F.A.A.) in the respective offices for respective

subjects/wings/sections as below.

Sr.

Name & address

Particular Wing/

Public Information

Assistant Public

First Appellate

No.

of the Office/

/Section/Branch

Officer (P.I.O.)

Information

Authority

/Public Authority

of the office

designated

Officer (A.P. I.O.)

(F.A.A.)

designated

designated

1

2

3

4

5

6

1.

O/o. Assistant Registrar of

1) Establishment

Assistant Registrar

Head Clerk

Deputy Registrar

Co-operative Societies,

Administration

of Co-operative

of Co-operative

Bicholim Zone, “Aai”

Accounts Sections

Societies who is

Societies (Admin.),

building Karapur Tisk,

of the Zonal Office

the Head of Office

Head Office,

Sankhali, Goa

2) All residuary

incharge of Zonal

Panaji.

matters of Zonal

Office

office not specifically

covered under other

PIOs

In respect of all

Officer who is

Officer/Official Deputy Registrar

information

Unit Incharge

who is sub-

of Co-operative

pertaining to

of concerned

-unit Incharge

Societies at Head

Co-operative

Society at Zonal

of concerned

Office who is the

Societies held at

Office

Society at

District Level

Zonal office under

Zonal Office

Incharge (D.L.I.)

the provisions of the

of respective

Goa Co-operative

Zonal Office.

Societies Act, 2001

and Rules framed

thereunder

In respect of all

Officer who is

Officer/Official Deputy Registrar

information

Unit Incharge

who is sub-

of Co-operative

pertaining to

of concerned

-unit Incharge

Societies at Head

Co-operative

Society at Zonal

of concerned

Office who is

Societies held by

Office to whom

Society at

the District

any

the information

Zonal Office

Level Incharge

a) Registrar’s

relates

to whom the

(D.L.I.) of

Nominees

information

respective Zonal

b) Auditors on

relates

Office.

panel of

Auditors

c) Reconciliators

d) Administrators

e) Liquidators

Other such persons

or a committee

appointed or

constituted by the

Registrar under the

provisions of the Goa

Co-operative Societies

Act, 2001 and Rules

framed thereunder

Given under the seal of this office.

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

Panaji, 31st March, 2023.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

45

Notification

No. 18/11/2016/SUC/TS/RCS/5100

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

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

2. Order No. 18/11/2016 SUC/TS/RCS/1803

dated 19-08-2020.

3. Order No. 18/11/2016 SUC/TS/RCS/971

dated 12-07-2021.

4. NotificationNo.TS-II/SZ/2017/RCS/Vol/I/

/1721 dated 25-08-2022.

5. Letter No. SUCSSL/40/22-23/141 dated

31-12-2022.

Whereas vide Notification at read at Sr 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 as ‘Act’), the provision of sub-section (1)

of Section 91 D of the 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 conditions as may be incorporated

in the Order.

And whereas vide Order read at Sr. No. 2 above

issued by the Registrar of Co-operative Societies,

the General Manager of the Sada Urban Co-operative

Credit Society Ltd., [Reg. No. 8-RES-(a)-94/South/

/2000] with registered office as Headland Sada,

Mormugao-Goa was delegated with the powers to

recover certain sums by attachment and sale of

property vested in Registrar of Co-operative

Societies under Section 91 D of the Act, read with

Rule 124 of the Goa Co-operative Societies Rules,

2003, subject to the following conditions:-

1. The Officer appointed and delegated with the

powers of Sales-cum-Recovery Officer shall

work

under

the

general

guidance,

superintendence and control of the Asstt.

Registrar of Co-op. Societies, Arbitration/

/Execution, South Goa District, Margao-Goa.

2. The Board of Directors of the society shall be

fully responsible along with the Chief

Executive Officer for any acts in contravention

of the Act, Rules and Bye-Laws.

3. The Board of Directors shall review the

performance of the General Manager every

month and ensure compliance.

And whereas the said delegation of powers was

in force till 31-03-2021 which was further extended

vide order read at Sr. No. 3 and the notification read

at Sr. No. 4 above for a period of one year from

01-04-2021 to 31-03-2022 and from 01-04-2022 to

31-03-2023 respectively.

And whereas vide letter read at Sr. No. 5 above,

the Chairman of the Sada Urban Co-operative Credit

Society Ltd., Mormugao, Goa has informed that due

to the resignation of Mr. Pratosh Lotlikar, the

General Manager of the Said Society, the Society in

a Board meeting held on 29-12-2022 has resolved to

appoint the Asst. General Manager, Mr. Augustine

Fernandes to act as Sale-cum-Recovery Officer for

their society in place of Mr. Pratosh Lotlikar.

Now, therefore in exercise of the powers conferred

upon undersigned under Section 123B of the Goa

Co-operative Societies Act, 2001 read with

Notification read at ref. No. 1 above, the powers so

delegated to the General Manager of the Sada Urban

Co-operative Credit Society Ltd., Mormugao-Goa are

hereby delegated to Mr. Augustine Fernandes, Asst.

General Manager of the said society with effect

from 29-12-2022 i.e. the date of board resolution to

31-03-2023.

All the terms and conditions mentioned in the

Order referred to at Sr. No. 2 above shall continue

to apply. The undersigned reserves the right to

withdraw this Order at any stage without assigning

any reasons.

Given under the seal of this office.

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

Societies).

Panaji, 28th March, 2023.

———uuu———

Department of Education, Art & Culture

Directorate of Education

–––

Order

No. Acad/Bar/Take-Over/STBHS/870

Read: Show Cause Notice No. Acad/MGT/21/-

Bardez/98/1926 dated 25-08-2022.

Whereas, the above referred show cause notice

was sent to the Chairman of the School Managing

Committee of St. Thomas Boys High School, Aldona,

Bardez-Goa.

And whereas, the Chairman of the School

Managing Committee replied for the same vide

email of 11-10-2022 under the caption of Preliminary

reply in continuation with my letter dt. 4-10-2022

for Show Cause letter dated 25-08-2022 and

26-09-2022 while awaiting a copy of the complaints

and the proof official letter via email. The contents

of the reply is as under:-

46

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

1. We are in receipt of your subject show cause

notice and at the outset deny each and every

allegation made therein.

2. The Fransalians manage over 150 schools

throughout the world for over hundred years under

Fransalian

Education

Societies

and

the

management is committed to the welfare of the

student communities.

3. St. Thomas Boys High School, Aldona, Goa is

one of those Christian Minority Schools which is

directly under the President/Provincial Superior

along with the Governing Body of Fransalian

Education Society, Goa.

4. As a preliminary submission, it is stated that

the Show Cause Notice issued by your office is itself

beyond jurisdiction under the Goa, Daman and Diu

School Education Act and Rules, 1984 (hereinafter

referred to as the “Act”) as under Section 20 of the

Act, the authority to take over the management of a

school is vested in the Administrator of the union

territory. It is submitted that in the present time, the

position of the Administrator of the union territory

will correspond to that of the Hon’ble Governor of

the sate and therefore the Directorate of Education

does not have any power to invoke Section 20 of the

Act.

5. Further, the grounds taken, as mentioned in the

Show Cause Notice do not satisfy the ingredients of

Section 20 of the Act. Neither is there any explanation of

how the provisions of Section 20 are attracted to the

matter at hand nor is there any material on record

before this Authority for it is to exercise any

jurisdiction under Section 20.

6. Furthermore, the show cause notice issued by

your office states that the conditions mentioned in

sub-clauses (i), (ii), (iii) and (iv) of Section 20 of the

Act are attracted in the present case however, there

is no explanation as to how the said sub-clauses are

applicable in the present case. There are no details

in the show case notice as to how the managing

committee or manager of the school have

contravened any provision of this Act or any rule or

order made thereunder, has neglected to perform any

duty or obligation imposed on it by or under this Act,

has mismanaged the affairs of the school or

misappropriated or misapplied any money

standing to the credit of any fund of the school, and

has managed the affairs of the school in a manner

prejudicial to the public interest which are the

predicates of sub-clause (i), (ii), (iii) and (iv) of Section

20 of the Act. Therefore, it is stated that Section 20 of

the Act cannot be invoked in the present matter.

7. Moreover, the threshold to invoke Section 20 of

the Act is quite high. The Hon’ble Bombay High Court

has held in St. Anthony’s High School

Trust & anr. V. State of Goa & anr. (1996) 5 Bom

CR 33 “14 .... Before an action under Section 20 can

be justified not only one or the other of the seven

grounds appearing in Section 20 have to be made

good, but also it has to be found that

the action of taking over the management is

expedient in public interest or in the interest

of the school education or in order to secure

the proper management of the school. It is only when

both these ingredients are held to have

been satisfied that an action of taking over

management under Section 20 of the Act can

be justified”.

8. As stated earlier, the show cause notice issued

by you gives no explanation as to how the taking

over of the management of the school is expedient in

public interest or in the interest of the school

education or any corroboration of improper

management of the school by the manager of the

society.

9. We had forwarded letter dated 22-07-2022 to

your Department of Education requesting the

approval of the new members of School

Managing Committee, though the same is not

mandatory under the Act. We had even sent

reminders and till date we have not received

any reply from the Department of Education.

That is the reason I was surprised to receive

the Show Cause Notice. Please furnish the

approved list of the new School Managing

Committee. The selective delay of the

Directorate of Education for the approval of the School

Managing Society of St. Thomas Boys High School is

also not allowing the Management to function

effectively.

10. Please note that neither the Chairman of the

School Managing Committee nor the President/

/Provincial Superior of St. Thomas Boys High

School under Fransalian Education Society, Goa has

received any such complaints as stated by your show

cause notice.

11. The complaints against the Management are

fabricated, misleading, malicious and a

conspiracy of the Headmaster Fr. Valerian

Carvalho in order to derail the internal inquiry and

pending decision by the Society against

Fr. Valerian Carvalho for his various gross

misconduct, massive financial irregularities

and abuse of power which have been received

various times by the Chairman of the School

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

47

and your office respectively and for the same

the directive was issued on 11-07-2021 and the same

copy of the letter was issued to your office of the

Directorate.

12. I strongly agree with you that lives of the

students should not be endangered. All repairs and

maintenance must be done and students

should have safe environment to study and it is the

foremost priority of the present Management.

13. I would like to state that so far, the Headmaster

had not communicated with me regarding the school

repairs and maintenance, until recently, I had no

knowledge of the repair works that need to be done.

The Headmaster has to learn the chain of

communication. He has been misleading the

Department of Education and maligning the name of

the Society.

14. The letters addressed (showcause notice) to the

Chairman of the School Managing Committee

were criminally kept with Fr. Valerian Carvalho for

over a month without sending to the Chairman of

the School Managing Committee of St. Thomas Boys

High School, Aldona not returning to the Directorate

of Education if the Headmaster pretended of not

knowing the address.

15. As per the letter dated 26-06-2021 by the

Manager, the Headmaster has repeatedly

threatened, intimidated and publicly insulted the

Manager several times and did not allow

the Manager to exercise his responsibilities.

16. A new Manager was appointed on 27-09-2022

for salary related works and consequent to his

appointment, the new Manager visited the St.

Thomas Boys High School, Aldona, several

times for the salary related works of the staff

but the office staff did not oblige the new

Manager (Letters dated 03-10-2022 and on

08-10-2022 which was also duly communicated to

the Director of Education). The investigation on the

deliberate delay of the respective office staff or by

the Headmaster is under process.

17. In the above context, the Management strongly

protests and believes that Fr. Valerian

misleadingly and maliciously campaigned

against the Management in order to derail the

internal inquiry and decision making process of the

Fransalian Education Society against the criminal

activities of Fr. Valerian Carvalho.

18. The President/Provincial Superior of St.Thomas

Boys High School, Aldona under Fransalian

Education Society, Goa has not received any

such complaints dated 27-07-2022.

19. The Chairman of the School Managing

Committee of St. Thomas Schools has not

received any such complaint letter as dated

27-07-2022.

20. We assure you that as soon as the Chairman of

School Managing Committee or the President/

/Provincial Superior of the Fransalian Education

Society, Goa receives the copy of the complaint letter

dated 11-07-2022 and the proofs of leaking roof, the

Management will do the immediate repairs if there

are any. (Kindly note the Common Office for all St.

Thomas Schools under Fransalian Education Society,

St. Thomas Higher Secondary School, Aldona, Bardez,

Goa.

21. It is a criminal intention of the Headmaster Fr.

Valerian that maintenance grants have not

been properly utilized:

a. The Headmaster never handed over the keys

of the school campus to the Manager to

exercise his duties as the Manager, until just

recently, on 1st of November, 2022, a small

bunch of about 5 keys were handed over to him,

though not all the keys of the school. The

Manager was always locked out of the school

campus and could not do the maintenance

work during the school holidays or whenever

the children were out of the school keeping in

mind the safety of the children during any major

works.

b. As per the directives of the School Chairman,

the maintenance records and service

conditions of the school were not handed over

by the Headmaster for maintenance of the

school (cf r. Letter dated 30-05-2022).

c. The Manager twice asked the Headmaster on

30-05-2022 and on 12-08-2022 and also asked

him to transfer the rent money for the

maintenance of the school, but the Headmaster

never obliged to transfer the rent money from

the maintenance grants.

d. The account of the Maintaining Society, Aldona

Fransalian Society, and few other accounts were

criminally frozen by Fr. Valerian Carvalho on

24-10-2019 on his frivolous reasons and thus the

Headmaster criminally did not allow the

Management to maintain the school.

e. The Headmaster was asked several times to

unfreeze the account of the Managing Society

in order to legally carry out the maintenance

works of the school by the Management but

the Headmaster did not keep the interest of the

students, school and the society in mind.

48

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

f. The Bank details reveal that the Manager has

always obliged the daily maintenance of the

school by regularly supplying the fund. The

Headmaster’s reason of borrowing money from

others is only a lie to divert the attention from

his unlawful activities in the school in name of

borrowing which needs a prior permission as

per the directives of the Chairman dated

11-07-2021.

g. It is the endeavour of the Management to carry

out all necessary maintenance including

repairs out of the rent amount received,

however hurdles are being placed by the

Headmaster towards this work for reasons best

known to him. Quotations/estimates need to be

obtained from Engineers/Contractors who need

to inspect the premises. While the Manager is

not interfering in the administrative &

academic work of the Headmaster/School, the

Manager faces bottlenecks in discharge of his

duties especially towards maintenance. The

Manager is made a stranger in the school owned

by his Management. The last letter written by

Manager to Headmaster for transfer of

maintenance grants to Society for purpose of

taking up repairing work was dated 12-08-2022

but the Headmaster did not transfer the

maintenance fund when it was required for the

repairs.

22. Allegations on non-appointment of Teachers

etc. is totally denied as per the complaints of the

Headmaster.

a) The letter dated 11-07-2022 of Fr.Valerian

Carvalho is not available to the Management.

However, taking what is considered in para 2 of

your letter, it is denied that the Management is

not co-operating and/or acting on pressing

issues faced by the school.

b) As per various complaints, the Headmaster has

always interfered in the works of the Manager.

The complaints reveal that the Headmaster

himself unlawfully prepared the documents

without any prior permission from the Manager

on the recruitment of the staff and threatened

the Manager to sign the documents of new staff

without any procedure.

c) We promise you to look into all the appointments

for which NOC has been obtained. The process

of appointment and recruiting of the staff is

already in motion and will be completed at the

earliest.

23. It is denied that the Management has not

arranged for consumables, stationery etc. necessary

for running of the school. The Manager has been

issuing cheques periodically for this purpose, details

of some cheques No. 893944-893947, 535341-50).

However, neither the bills nor copies nor the accounts

were submitted by the school staff/Headmaster to

the Manager for his records and accounting until

recently. Just before the last date of hearing, the

Headmaster was handed over certain audited

statements and bills to the present Manager, Fr.

Winston Barboza, on 1st of November, 2022 and the

Management is in the process of going through the

bills and clearing the same.

24. Question of Renewal of Contract staff: The

Headmaster never allowed the Manager to exercise

his responsibilities but only threatened the Manager

to sign the documents without following any

procedures.

25. Concerning NOC for permanent as well as

temporary: As per the written directives of the

Chairman of St. Thomas Boys High School dated

11-07-2021, the Headmaster interfered in the work

of the school and did not seek the written permission

of the Chairman in order to effect the appointment

of the staff.

26. On the malicious allegation of presently roof

is leaking etc.:

a. Although repairs to school building had been

carried out extensively in the past but the

Headmaster never handed over the service

agreements of past ones who did the work in

the past for better follow up by the

Management and hence, there is a real

conspiracy in the sudden leaking of the roof of

the school building.

b. Though the school belonged to the

Management, the Headmaster refused to

give the keys of school in order to inspect and

initiate the repair works in the absence of the

students. Only recently did he hand over a

small bunch of 5 keys on 1st November, 2022.

c. The Headmaster never gave the keys of the

building to the Manager to inspect the

building through the experts and never

shown any places of repair works of the roof

but only shoots off letters to implicate the

Manager and the Management in order to take

over the school through his nexus of people

against Management.

d. In spite of the malicious and manufactured

lies of the Headmaster, we assure you that the

complete school building will be inspected

by engineers/contractors immediately and

their views, quotations/estimates will be

sought. Work will be undertaken for which all

round co-operation of Headmaster is

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

49

necessary. In spite of all the keys not been

given, already a contractor has visited the

school alongwith the Manager during the

school hours on 11th November, 2022, and

has seen the work to be undertaken and

needed repairing work will be carried out

soon.

27. Due procedures have been followed in

matters concerning the Registration of the Society

and a case in the Honourable High Court has also

been filed. The Headmaster Fr. Valerian Carvalho

had interfered for vested interests in order to derail

the process of investigation against him. He seems

to be not interested in working with the Fransalian

Education Society of Aldona.

28. There are some practical hurdles the

Headmaster Fr. Valerian Carvalho has been creating

with the help of some vested interests. We should

be able to overcome all of them and run the school

smoothly.

29. For the above mentioned reasons, the show

cause notice is strongly protested and the

Management should be allowed to initiate

investigation and the consequent decision in the

best interest of the students community and as per

the due procedures of the Fransalian Education

Society, Goa

30.In view of the above, it is requested that the

show cause notice be withdrawn and the matter be

closed.

And whereas after going through the reply to

the show cause notice, the undersigned decided to

hear the matter under Section 20 of the Goa School

Education Act, 1984. The hearing was kept on

03-11-2022. During the course of hearing, Adv.

Shivraj Gaonkar appeared on behalf of the

Fransalian Education Society. He filed his

Vakalatnama and submitted a copy of the reply.

The Headmaster Fr. Valerian Carvalho of St. Thomas

Boys High School was present alongwith the PTA

President Shri Menino D’Souza. The matter was

adjourned and kept for hearing and submission of

reply on 15-11-2022.

And whereas on 15-11-2022, Adv. Shivraj Gaonkar

appeared on behalf of the School authorities. The

Headmaster and PTA Chairman remained absent.

During the course of hearing, the reply was filed on

behalf of the Manager and the same was taken on

record. The matter was adjourned and kept for

hearing on 02-12-2022. During the course of hearing,

both the parties remained present. The matter was

adjourned and kept for final hearing on 08-12-2022

at 4.30 p.m.

And whereas the matter has been heard on

13-01-2023. During the course of hearing, the

Headmaster of the school was represented by Adv.

Avinash Nasnodkar. The Advocate of the

respondent stated that the issue is between the

Headmaster and the Management and the issue

can be sorted out. The representation of the PTA is

not sufficient to qualify to take over the

management under Section 20. The grant in aid

provided by the Directorate of Education is credited

to the Society account. In case of appointment, it is

for the management to select a candidate and

appoint them. He further submitted that the

Society’s instructions were not followed by the

Headmaster and only after the Headmaster was

removed from the society, these allegations have

cropped and personal elements cannot be reasons

to take over the school. It was also submitted that

the entire episode is to avoid the eventual

suspension of the Headmaster as inquiry is

contemplated.

And whereas Advocate Nasnodkar stated that

fund was transferred to the Society which itself is

illegal. Hon’ble High Court of Bombay at Goa set

aside the order of appointment of Principal of St.

Thomas Higher Secondary School run by the same

management. He also stated that NOCs were issued

by the Directorate of Education, but the posts were

not filled. He further stated that the maintenance

grants have not been utilized. He also stated that

there is no provision of hearing the matter under

Section 20 of the Goa School Education Act, 1984.

And whereas Adv. Padgaonkar representing the

parents submitted the Vakalatnama and intervened.

Advocate for the respondent objected as there was

no formal representation and they were not party to

the hearing.

Adv. Padgaonkar submitted that most important

factor to be borne in mind is the student and that

the Headmaster and the Management is

inconsequential.

He also submitted that the allegations by the

Headmaster have been admitted by the

Management and that there was no attempt by the

Management to sort out the issue and provide relief

to the public, i.e. students/parents.

And whereas the Headmaster of St. Thomas Boys

High School, Aldona, Bardez-Goa filed his reply

dated 21-11-2022 under the caption of response to

the allegations made against him by the School

Managing committee, vide reply dated 15-11-2022.

50

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

1. In his reply, he has stated that the reply makes

apparent nothing, but the vindictive attitude of the

present members of the Fransalian Society which

has infact resulted in a total downfall of the

administration of the school.

2. While denying all the allegations made

against him, he has stated that it is rather

unfortunate the he has been sought to be made a

scapegoat and the entire blame has now been

fastened upon him.

3. He stated that he was appointed the

Headmaster of St. Thomas Boys High School in the

year June 2013.

4. He stated that for several years until 2019

when the dispensation of the executive members

and more particularly Fr. Jayaseelan Selvaraj who

became the Chairman, when the functioning of St.

Thomas Boys High School saw a complete downfall.

5. He stated that the Society has conducted the

affairs of the said school in a completely

lackadaisical manner as often resorted to various

illegalities over the functioning of the said school.

6. To illustrate one such incident, Fr. Jerard

Sahayaraj was appointed as the Principal of St.

Thomas Higher Secondary School, Aldona in the

absence of essential qualification, which

appointment was set aside by the Hon’ble High

Court of Bombay at Goa in Writ Petition No. 1354/

/2021 (F)

7. It is stated that the School Managing

Committee as well as the Society have been

constantly harassing the staff members which often

go unreported as the teaching and working staff

are afraid of dire consequences.

8. Various vacancies have been lying unfilled for

several years to the post of Primary School,

Maternity leave, CCL Leave, Non-Renewal of the

appointments of the Librarian and Watchman etc.

The said issues were highlighted to the School

Managing Committee on several occasions, despite

which no steps were taken by the Society to fill the

said vacancies despite required NOCs being

granted by the Directorate of Education.

9. In so far as the issue of maintenance is

concerned, the undersigned personally addressed

various communications to the School managing

Committee for last several years despite which no

action has been taken by the Society to carry out

any such maintenance.

10. It is stated that only belatedly and perhaps as

a knee-jerk reaction to the Show Cause Notice

issued by this Department, whereby the

Management is now trying to create an impression

to show that they are infact in control of the

situation and taking remedial measures, which if he

may submit in only on paper and no action whatsoever

is taken by the Management to improve the

dwindling state of the affairs of the school.

11. The Director of Education during an hearing

scheduled on 3rd November, 2022 4.00 p.m. wherein,

he clearly pointed out that the school Manager

cannot function till he has approval from the

Directorate of Education. Despite this observation,

the Management, in total disregards has replied to

the show cause notice dated 25-08-2022 issued by

your office and the same has been signed by one Fr.

Winst Barboza who is an incompetent authority.

This makes manifestation, the Managements

challenging stand to the directives of the Director

of Education.

12. He stated that he is producing copies of

various representations made by him the issue from

time to time and have deliberately refrained from

dealing para wise to the allegations made against

him as the records of the matter itself and perusal

of the letters as enclosed herewith will completely

belie the case of the Management. Moreover, he is

not in a crusade against the Society but have

throughout acted in the interest of his students and

staff members alike and perhaps for not having

aided the Society in their oblique ways of

functioning as well as intentions he has today

became more of an eyesore for them is why they are

acting with a personal vengeance against him.

And whereas after going through the reply filed

by the Headmaster of the school, it has been found

that the School Managing Committee of the St.

Thomas Boys High School, Aldona has contravened

the provisions of the Goa School Education Act,

1984 and Rules made thereunder:-

1. Neglected to perform duty/obligation imposed

on it.

2. Mismanaged the affairs of the school.

3. Managed the affairs of the school in a manner

prejudicial to the public interest.

Now therefore, after detailed examination of the

reply submitted by the school authorities and the

Headmaster of the school, the Government is

convinced of the circumstances which call for

immediate taking over of the Management of St.

Thomas Boys High School, Aldona by invoking the

provision of sub-section (1) of Section 20 of the Goa

School Education Act, 1984.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

51

Therefore, in accordance to the provisions of the

said sub-section (1) of Section 20 of the Goa School

Education Act, 1984, the Government hereby orders

to take over the Management of St. Thomas Boys

High School, Aldona with immediate effect for a

period of three years in the first instance and Shri

Melvin D’Costa, Assistant Director, Education,

Directorate of Education is hereby appointed as

Authorised Officer on behalf of the Director of

Education, Government of Goa to manage the affairs

of the school. The Authorised Officer shall discharge

his duties as per the provision of Goa School

Education Act, 1984 and the Rules made thereunder

and as per the instructions issued to him by the

Directorate of Education from time to time. Among

other things, the Authorised Officer shall:-

1. Exercise full control over administrative,

financial and academic matters of the school and

ensure that all the employees of the school are

punctual in attendance and prompt in discharge of

the duties entrusted to them by general or special

orders as deemed fit.

2. Be responsible for maintaining strict discipline

on the part of all the employees including the

headmaster and students of the school.

3. Be responsible to ensure that all the employees

of the school including the Headmaster are present

in the school during office hours as prescribed by

the Authorised Officer and no employee including

the Headmaster shall be allowed to leave the

premises of the school without prior written

permission of the Authorized Officer and that

representations, if any, shall be routed through the

Authorised Officer.

4. Be responsible to visit the school frequently a

possible so as to ascertain that the school functions

at right time and all the employees of the school

including the Headmaster discharge their duties

sincerely, honestly and efficiently to the satisfaction

of the public and the Department.

5. Ensure that in case of the employees, including

the Headmaster act in contravention of the

instructions of the Authorised Officer or if there is

any act of indiscipline or insubordination or flouting

of the instructions issued by the Authorised Officer,

such cases shall be dealt with a per the provision

of Goa School Education Act, 1984 and the Rules

made thereunder.

The Government is also pleased to order that:

(i) The ex School Managing committee of St.

Thomas Boys High School, Aldona shall

hand over the entire school files and other

records to the Authorised Officer

immediately;

(ii)

The school staff account fund and the

pupils fund shall be made available to the

Authorised Officer for being spent for the

purpose in respect of the school and that;

(iii)

The Authorised Officer shall have the right

to open any account in any Bank or draw

money from the school fund or School Staff

Account Fund as referred to in Section 10 of

the Goa School Education Act, 1984. After

the Management of the school at any time

before the date on which the Management

of the school is taken over shall have the

right to draw money from the school fund or

school staff account fund.

By order and in the name of the Governor of

Goa.

Shailesh R. S. Zingde, Director (Education) & ex

officio Joint Secretary.

Porvorim, 3rd April, 2023.

———u———

Directorate of Technical Education

College Section

–––

Addendum

No. 16/244/PF/RSD/GEC/DTE/08-09/48

Read: Order No. 16/228/Recuit-Posts/DTE/GEC/

/P. F. I/467 dated 26-02-2010.

In the order referred to above, following para

shall be added after the first para,

“Kum. Rachel Selva Dhanaraj is appointed under

Person with Disabilities (Locomotor Disability)

category”.

Other contents of the order shall remain the

same.

By order and in the name of the Governor of

Goa.

Dr. Vivek B. Kamat, Director (Technical Education)

& ex officio Additional Secretary.

Porvorim, 6th April, 2023.

———uuu———

Department of Finance

Finance (Budget) Division

–––

Notification

No. 1/17/2007-Fin (Audit)/703

Ref.: (1) Notification No. 9/1/79/Fin (Bud)/Part File-I

dated 16-07-2002.

(2) Notification No. 1/17/2007/Fin(Aud) dated

17-07-2007.

(3) Notification No. 1/17/2007/Fin (Aud) dated

04-03-2011.

(4) Notification No. 1/17/2007/Fin (Aud) dated

13-10-2016.

52

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

The Governor of Goa in consultation with the

Comptroller & Auditor General of India, is pleased

to entrust in public interest, the audit of accounts

of Goa Housing Board, Porvorim-Goa, under Section

19(3) of the Comptroller & Auditor General’s (Duties,

Power and Conditions of Service) Act, 1971, to the

Comptroller & Auditor General of India for a further

period of 05 (five) years from 01-04-2022 to 31-03-2027

on the terms and conditions specified in the

Annexure appended hereto.

By order and in the name of the Governor of

Goa.

Pranab G. Bhat, Under Secretary, Finance

(Budget-I).

Porvorim, 27th March, 2023.

————

ANNEXURE

Terms and Conditions

1. The CAG of India may suggest the

appointment of a Primary Auditor to conduct the

audit on his behalf and on the basis of directions/

/guidelines issued by him. Where such an auditor

is appointed, the fees will be payable by the

Institution to that auditor. Where such an auditor is

not appointed, expenditure incurred by CAG of

India in connection with the audit will be payable

to him by the Institution.

2. In addition to audit to be conducted by the

Primary Auditors, where so appointed, CAG of India

will have the right to conduct test check of the

accounts and to comment on and supplement the

report of the Primary Auditor.

3. The CAG of India or any person appointed by

him in connection with the audit shall have the

same rights, privileges and authority as the CAG

has in connection with the audit of Government

accounts.

4. The result of audit will be communicated by

CAG or any person appointed by him to the

Governing body who shall submit a copy of the

report alongwith its observations to the

Government. The CAG will also forward a copy of

the report direct to Government.

5. The audit is entrusted to the CAG in public

interest will be for a period of 5 (five) years accounts

from 01-04-2022 to 31-03-2027 in the first instance,

subject to review of the arrangement after that

period.

6. The scope, extent and manner of conducting

audit shall be as decided by the CAG of India.

7. The CAG will have the right to report to

Parliament/State Legislature the results of audit at

his discretion.

———uuu———

Department of Fire & Emergency Services

Directorate of Fire & Emergency Services

–––

Order

No. DFES/CONF/08-Vol.VII/2022-23/30

Read: 1. O. M. No. DFS/EST/U-1/PGO/06-07/3312 dated 17-01-2007.

2. O. M. No. DFS/EST/U-1/PGO/06-07/3612 dated 30-01-2007.

3. O. M. No. DFS/EST/U-1/PGO/08-09/1550 dated 30-06-2008.

4. O. M. No. DFS/CONF/PGO/2010-11/2982 dated 13-09-2010.

5. O. M. No. DFES/EST/U-1/PGR/2014-15/5036 dated 30-01-2015.

6. Order No. DFES/CONF/08-Vol.VII/2021-22/5028 dated 15-12-2021.

In supersession of the Office Memorandum/Orders cited under reference and in pursuance to Government

instructions issued vide Office Memorandum No. 12/4/2005-DPG dated 16-03-2005, the following Officers

are designated as Public Grievance Officers.

Sr. No.

Public Grievance Officer

Role/Responsibility

1.

Deputy Director (Fire Services), Central

Public Grievances related to jurisdiction

Zone, Ponda

of Central Zone having Ponda, Bicholim, Old-

Goa, Kundaim and Valpoi Fire Stations.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

53

1

2

3

2.

Deputy Director (Fire Services), South

Public Grievances related to jurisdiction

Zone, Margao

of South Zone having Margao, Verna, Curchorem,

Canacona and Cuncolim Fire Stations.

3.

Assistant Divisional Officer, North Zone,

Public Grievances related to jurisdiction

Panaji

of North Zone having Panaji, Mapusa, Pernem,

Vasco, Pilerne and Porvorim Fire Stations.

The Public Grievance Officer shall redress the grievances pertaining to the Fire Stations mentioned

above and shall dispose off the cases.

The Public Grievance Officer shall strictly comply with the instructions of the Government and be

available to the public in their respective offices on every Tuesday from 10.00 hours to 13.00 hours.

The Public Grievance Officer shall maintain updated Register of the grievances received and shall also

submit a fortnightly report as required in the said Government Office Memorandum.

This superseded Order No. DEFS/CONF/08-Vol.VII/2022-23/1276 dated 31-05-2022.

Nitin V. Raiker, Director (Fire & Emergency Services).

Panaji, 4th April, 2023.

———uuu———

Department of Forests

–––

Order

No. 19/1/2023-FOR/92

Read: Order No. 2/243/Part file/2019-FD/352

dated 07-11-2019.

The Committee formed under the provisions of

para 9(ii) of operational guidelines for the Centrally

Sponsored Scheme: Forest Fire Prevention and

Management Scheme (FPM) is hereby renamed as

“State Monitoring Committee on Forest Fire” and

shall comprise of the following:-

1. Hon’ble Minister (Forest)

— Chairman.

2. Principal Chief Conservator

— Member.

of Forests

3. Chief Wildlife Warden

— Member.

4. Chief Conservator of Forest

— Member.

(Development)

5. Conservator of Forest

— Member.

(Conservation)

6. Collector, North Goa District

— Member.

7. Collector, South Goa District

— Member.

8. Director, Fire and Emergency

— Member.

Services

9. Deputy Conservator of Forest

— Member.

(North Goa Division)

10. Deputy Conservator of Forest

— Member.

(South Goa Division)

11. Deputy Conservator of Forest

— Member

(Working Plan Division)

Secretary/

Nodal

Officer.

The Committee shall address all issues arising

out of Forest Fire, effectively implement the State

Action Plan on Forest Fire, periodically monitor,

review the schemes and ensure submission of

monitoring & review report annually.

The Committee shall meet at least once in six

months.

By order and in the name of the Governor of

Goa.

Nathine S. Araujo, Under Secretary (Forest).

Porvorim, 6th April, 2023.

————

Order

No. 4-2-2011/FOR/94

Read: Order No. 4-2-2011/FOR/64 dated 25-04-2022.

The approval of the Competent Authority is

hereby conveyed for extension of deputation period

of Shri Nandakumar E. Parab, Assistant Conservator

of Forests as General Manager of Goa Forest

Development Corporation Ltd., for a further period

of 01 year w.e.f. 01-03-2023 to 28-02-2024, on the

same terms and conditions, as proposed by the Goa

Forest Development Corporation Ltd. and

recommended by the Goa Forest Department.

Nathine S. Araujo, Under Secretary (Forest).

Porvorim, 6th April, 2023.

54

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

Department of Home

Home—General Division

–––

Notification

No. 30/01/2015-CBI/HD(G)/975

In pursuance of the provisions of Section 6 of the

Delhi Special Police Establishment Act, 1946 (Act

No. 25 of 1946) and all other powers enabling it in

this behalf, the Government of Goa hereby accords

its consent for exercise of powers and jurisdiction

by the members of the Delhi Special Police

Establishment in the whole of the State of Goa, for

investigation of CBI case RC2212022E0045/CBI/EO-

-III/New Delhi registered by CBI on 07-09-2022

punishable under Section 67B of the Information

Technology Act, 2000 (Central Act 21 of 2000) and

the Protection of Children from Sexual Offences Act, 2012

(Central Act 32 of 2012) and also in respect of any

other offences punishable under any other law that

may come to light during investigation of the said

CBI case including any attempt, abetment and

conspiracy in relation to or in connection with one

or more such offence(s) and or any other offence(s)

committed in the course of the same transaction or

arising out of the same facts.

By order and in the name of the Governor of

Goa.

Vivek K. Naik, Under Secretary (Home-I).

Porvorim, 30th March, 2023.

———uuu———

Department of Industries

–––

Notification

No. 3/17/2021-IND/77

Read: Government Notification No. 3/17/2021-IND/

/54 dated 10-03-2023, published in the

Official Gazette, Series I No. 51 dated

23-03-2023.

In exercise of the powers conferred by sub-

-section (1) of Section 43 of the Goa Investment

Promotion and Facilitation of Single Window

Clearance Act, 2021 (Goa Act 19 of 2021), the

Government of Goa hereby appoints a Planning,

Development and Construction Committee,

consisting of the following members, for the

Investment Promotion Area declared by the

Government vide Notification cited above:-

i. Chief Secretary

— Chairperson.

ii. Secretary (Industries)

— Member.

iii. Director, Directorate of

— Member.

Industries, Trade and

Commerce

iv. Chief Town Planner (Planning)

— Member.

v. Director, Directorate of

— Member.

Health Services

vi. Director of Fire and

— Member.

Emergency Services

vii. Chief Inspector of Factories

— Member.

and Boilers

viii. Chief Electrical Engineer,

— Member.

Electricity Department

ix. Principal Chief Engineer,

— Member.

Public Works Department

x. Principal Chief Conservator

— Member.

of Forests

xi. Member Secretary, Goa State

— Member.

Pollution Control Board

xii. Member Secretary, Goa

— Member.

Coastal Zone Management

Authority

xiii. District Collector, North Goa

— Member.

xiv. District Collector, South Goa

— Member.

xv. Chief Executive Officer of the — Member

Board

Secretary.

The said Committee shall exercise all the powers,

such as, control or erection of building, etc. and all

other powers conferred on it by the Goa Investment

Promotion and Facilitation of Single Window

Clearance Act, 2021 (Goa Act 19 of 2021).

This Notification shall come into force on the

date of its publication in the Official Gazette.

By order and in the name of the Governor of

Goa.

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

Porvorim, 4th April, 2023.

———uuu———

Department of Labour

––

Notification

No. 28/02/2023-LAB/Part-III/154

The following Award passed by the Labour

Court-II, at Panaji-Goa on 30-01-2023 in Case No.

Ref. LC-II/IT/16/16 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, 24th February, 2023.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

55

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case. No. Ref. LC-II/IT/16/16

Shri Susen Jalmi,

H. No. 225,

Bhamai, Pale (403705)

.... Workman/Party-I.

V/s

The Managing Director,

M/s. Pfizer Ltd.,

Plot No. L-137, Phase III-A,

Verna Industrial Estate,

Verna, Salcete-Goa (403722)

.... Employer/Party-II.

Workmen/Party I represented by Ld. Adv. Shri

Subhash Naik.

Employer/Party II represented by Ld. Adv. Shri G.K.

Sardessai.

Panaji, dated: 30-01-2023.

AWARD

1. In exercise of the powers conferred by Clause

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

Disputes Act, 1947 (Central Act 14 of 1947), the

Government of Goa, by Order dated 08-07-2016,

bearing No. 28/27/2016-LAB/492 referred the

following dispute for adjudication to the Labour

Court-II at Panaji-Goa.

“(1) Whether the action of the management of

M/s. Pfizer Limited, Verna, Salcette, Goa, in

dismissing its workman, namely Shri Susen

Jalmi, Operator, with effect from 23-12-2015, is

legal and justified?

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

2. On receipt of the reference, a case was

registered under No. LC-II/IT/16/2016 and

registered A/D notice was issued to the parties. In

pursuance to the said notice, the parties put in

their appearance. The Workman/Party-I (for short

‘Workman’), filed his Statement of Claim on

30-01-2017 at Exhibit-4. The facts of the case in brief

as pleaded by the Workman are that the Employer/

/Party-II (for short ‘Employer’) is a Multinational

Pharmaceutical Company engaged in the

production of tablets at its factory at Verna

Industrial Estate, Salcette, Goa. He stated that the

Employer was initially established at Verna in the

year, 2001 as Wyeth Lederle Ltd. which was

subsequently changed as Pfizer Ltd. in the year,

2009. He stated that he was employed with the

Employer as “Operator-Production” since

03-12-2001. He stated that he has not received a

single memo or a single charge-sheet except the

charge-sheet which is the subject matter of the

present reference. He stated that during his service

with the Employer, he received awards from the

Employer for his performance. He stated that he

also received several “employee of the month”

awards, long service awards, best nominee of the

month awards, certificates for improving

productivity and development, etc. He stated that

after formation of a trade Union in 2014, all the

workers of the Employer Company joined the said

union. He stated that he was elected as an office

bearer of the said union and as such he was a

Protected Workman as per the provisions of the I.D.

Act, 1947. He stated that initially all workmen

including himself were employed as Operator-

-Production. He stated that in the year, 2006, the

designations of all workmen were changed to that

of management associates Grade MA-01 and in year

2011, the grade of workers were changed to MA-02

although the duties performed by them remained

the same. He stated that all the workmen of the

Employer including himself were issued

appointment letters when they joined service and

all of them were confirmed in the service of the

Employer.

3. He stated that in June, 2014, workers formed a

Trade Union for the first time, when all the workers of

the Employer factory became members of Gomantak

Mazdoor Sangh Trade Union. He stated that the

Employer was informed about the formation of the

Trade Union. He stated that names of seven Union

office bearers of the Union including himself were

also communicated to the Employer. He stated that

the Employer did not appreciate the decision of the

workers to form a Trade Union and started harassing

the workers by withdrawing existing benefits and

existing facilities. He stated that with effect from

20-04-2015, the Employer did not allot any work to

workers inside the factory and kept them idle as the

Employer was not happy with the workers forming a

Trade Union. He stated that with effect from

24-04-2015, all workmen were kept outside the

factory gates and were not allowed to resume work

inside the factory. He stated that this continued for

several months and later the Employer stated that

they would not allow the workmen to report for work

unless they gave an undertaking, the contents of

which were not disclosed to them. He stated that

later on, the Employer allowed all workmen to report

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13TH APRIL, 2023

for work without undertaking and all workmen

reported for work with effect from 17-08-2015. He

stated that the Employer has till date not paid wages

of the workers from 20-4-2015 to 16-08-2015. He stated

that however, eleven workmen, who were issued

suspension orders pending enquiry, were not allowed

to report for work. He stated that mean while, after

formation of the Trade union, the Employer

suspended the services of all office bearers of the

Union namely, Ramdas Mayenkar, Sagar Dhume,

Krishnakant Gawas, Navin Gaude, himself, Suraj

Kurtikar, and Suraj Salgaonkar.

4. He stated that all the aforesaid workers were

issued charge-sheets on trumped up and fabricated

charges. He stated that he himself and others replied

to the charge-sheets denying the allegations levelled

against them. He stated that the suspension of seven

union office bearers including himself was from

21-04-2015. He stated that four more workmen were

also suspended from service with effect from

23-04-2015 pending enquiry namely, Ankush

Gaonkar, Mangaldas Gaude, Umakant Chari, and

Samesh Naik. He stated that all eleven workmen

were suspended and were issued charge-sheets

based on false and fabricated charges.

He stated that as the workers were not happy with

Gomantak Mazdoor Sangh Union because of the

developments which took place which the workers

least expected. He stated that all the workers after

holding a General Body Meeting decided to resign

from the said Union and became the members of

Kamgarancho Ekvott Trade Union of which Shri

Subhash Naik George is the President with effect

from 20-05-2015 after resigning from Gomantak

Mazdoor Sangh. He stated that these developments

were informed to the Employer in writing. He stated

that the said Union Kamagarancho Ekvott raised

several Industrial Disputes with the Employer such

as Charter of Demands on behalf of the workers,

illegal and unjustified refusal of work with effect from

24-04-2015, unfair labour practice, non-payment of

bonus, illegal termination of services of workmen and

illegal imposition of punishments to workers etc. He

stated that as the Employer did not accept the

demands, the union raised disputes before Dy. Labour

Commissioner who is also Conciliation Officer of

Government of Goa, where all industrial disputes are

pending conciliation and some disputes have been

referred to this Hon’ble Tribunal for adjudication.

5. He stated that although all seven union office

bearers including himself were issued separate

charge-sheets, the Employer decided to hold

common enquiry. He stated that Shri Prashant

Agarwal, Advocate who was appointed as an Enquiry

Officer to conduct the enquiries in respect of charge-

-sheets issued to seven union office bearers. He

stated that Shri Prasanna Chawadikar, Advocate was

appointed as Management Representative. He

stated that initially, Puti Gaonkar was the Defense

Representative on behalf of charge-sheeted workmen

and later on, Shri Subhash Naik George was

appointed as Defense Representative by himself and

other charge-sheeted workers. He stated that on

02-06-2015 a date was fixed by the Enquiry Officer

Mr. Agarwal to hold the enquiry. However, on that

day Ld. Enquiry Officer did not attend the enquiry at

the hearing fixed at Panaji-Goa. He stated that the

Management Representative, Shri Prasanna

Chawadikar, who was present for the enquiry,

informed that Ld. Enquiry Officer had gone to his

native place to bring his wife and he could not get

tickets to return to Goa due to vacation rush and

that he was still travelling in the train. He stated

that the Management Representative informed him

and all other charge-sheeted workmen as well as

Defense Representative that Ld. Enquiry Officer,

Mr. Agarwal had resigned from the post of Enquiry

Officer and that he could not come for the enquiry

due to his personal reasons. He stated that

Management Representative informed that the next

date of enquiry would be communicated after the

management appointed a new Enquiry Officer.

6. He stated that after 5th June, 2015, no

communication either oral or writing was received

by him or his Defense Representative about the date

of enquiry or appointment of a new Enquiry Officer.

He stated that after few months, the Employer

dismissed the service of the four union office bearers

with effect from 16-06-2015 claiming that they held

the enquiry against them and claiming that Ld.

Enquiry Officer held them guilty of the charges

namely, Sagar Dhume, Krishnakant Gawas, Navin

Gaude, and Suraj Salgaonkar. Aggrieved by the said

blatantly illegal and unjustified terminations, the

Workman and three other workmen raised an

industrial disputes with the Employer and later on

with the Conciliation Officer/Dy. Labour

Commissioner which ended in failure.

7. He contended that during the pendency of such

disputes as per provisions of Section 33 of the I. D.

Act, 1947, the Employer cannot terminate the services

of the workmen without prior permission or without

approval of action taken by them. He submitted that

the Employer, as an afterthought, terminated the

services of remaining three office bearers namely,

Ramdas Mayenkar, himself, and Suraj Kurtikar with

effect from 23-12-2015. He submitted that with these

termination, Employer have terminated all seven

office bearers who were elected after formation of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

57

Trade Union which clearly proves that this is a clear

case of victimization for trade union activities. He

submitted that since he himself, Sagar Dhume and

Suraj Kurtikar were protected workmen as per

provisions of I.D. Act, prior permission before

termination ought to have been obtained from this

Hon’ble Tribunal and/or Dy. Labour Commissioner,

failing which the termination is bad-in-law. He

submitted that the charge-sheet issued to him and

six other office bearers of the union and four other

union activists were fabricated and cooked up

besides being false. He submitted that the same were

issued to him and others to victimize them for their

trade union activities as they had formed a union for

the first time in the company. He submitted that

Shailesh Redkar, whom the Employer claims to have

been appointed as Enquiry Officer, was never

appointed as Enquiry Officer and no intimation to

that effect has been sent to him. He submitted that

no intimation of dates of enquiry by the said Enquiry

Officer if any was sent to him. He submitted that the

records of enquiry proceedings alleged to have been

conducted by Shailesh Redkar have not been

supplied to him till date. He submitted that the

Employer, before terminating his service has not

issued him a show cause notice enclosing copy of

the findings of the Enquiry Officer, if any, and records

of enquiry proceedings if any, seeking his views

before dismissal which is mandatory. He submitted

that no enquiry was held in respect of charges

levelled against him in the charge-sheet issued to

him. He submitted that the copy of the findings of

the enquiry if any, were not supplied to him before

termination of his services. He submitted that since

the date of dismissal, he is unemployed and is

dependent on his family and friends on sustainance.

He submitted that his termination is illegal and

unjustified as he has been dismissed from service in

total violation of principles of natural justice. He

submitted that no opportunity of whatsoever was

given to him to defend himself in the enquiry. He

submitted that the management witnesses were not

allowed to cross-examine by him. He submitted that

the charges levelled against him have not been

proved in a fair and impartial manner and in

accordance with the principles of natural justice. He

submitted that his dismissal from services is

malafide, vindictive, and by way of victimization for

trade union activities, besides the same being

discriminatory. The Workman therefore prayed that

he be reinstated in service with full back wages and

continuity of service with costs.

8. The Employer controverted the claim of the

Workman by filing its written statement on

03-05-2017 at Exb. 5. The Employer, as an by way of

its preliminary objections, submitted that the

reference is not maintainable and it ought to be

rejected as there is no “Industrial Dispute” as defined

under the I.D. Act, 1947, that the Workman has

accepted all the legal dues arising out of termination

in full and final settlement and hence, the Workman

is estopped from raising the present dispute, that

there is non application of mind by the Appropriate

Government while referring the present dispute and

that the present reference is therefore null and void.

9. The Employer stated that it is a Private Limited

Company incorporated under the provisions of the

Companies Act, 1956, having its registered office at

the Capital, 1802, 1901 Bandra Kurla Complex, Bandra

(East), Mumbai and the factory located at Verna

Industrial Estate, Verna, Salcette-Goa. The Employer

stated that it is engaged in the manufacturing of

pharmaceuticals at its factory located at Verna

Industrial Estate, Verna-Goa.

10.The Employer stated that the Workman was

issued a charge-sheet dated 07-05-2015 alleging as

under:

“It has been observed that from the month of

December, 2014, the workmen have deliberately and

willfully reduced production as a result of which the

Management suffered heavy losses”. The fall in

production which commenced from the month of

December, 2014 gradually reached to a stage where

during the preceding week the production was

reduced to around 25% of the normal”.

The management has consistently requested the

workmen to stop the unfair practice of lowering the

production and to restore normalcy. However, the

workmen continue with the unfair labor practice of

lowering the productive process.

Subsequent there to by Notice dated 7th February,

2015, letter dated 14th April, 2015 and through

various communications, Management invited the

attention of the workmen to the fall in production

and requested the workmen to restore normalcy.

However, instead of restoring normalcy, to the utter

shock and surprise of the Management, the workmen

in a concerted manner stopped production from the

commencement of Second shift of 20th April, 2015

and started squatting within the factory premises.

As a consequence thereto the entire productive

process came to a grinding halt. The Management

has suffered huge losses till date and continues to

do so. The Employer/Party II is engaged in the

manufacturing of drugs which include life-saving

drugs like Wysolone, Folvite, Pacitane, Overal-L etc.

58

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13TH APRIL, 2023

All these products are listed in the National List

of Essential Medicines (NLEM), issued by Ministry of

Health, Government of India. Wysolone is a life-

saving steroidal drug with anti-inflammatory

properties and controls the painful symptoms of a

temporary autoimmune condition called Polymyalgia

Rheumatic (PMR), Folvite, essentially taken by

women during the first trimester of pregnancy for

development of the foetus and also used for all kinds

of anaemic conditions, Pacitane, drug used by

Patients suffering from early symptoms of Parkinson’s

Disease and Overal-L. You are fully aware that the

discontinuation due to non-availability of these

drugs can have an adverse effect on the patients and

the society at large.

We have received various communications from

our dealers, hospitals and doctors informing us of

the serious consequences arising as a result of drugs

not being available in the market and the suffering

of the patients, especially those who had already

been prescribed such drugs and consuming the same.

The consequence of sudden discontinuation of

supply to the patients has an expected adverse

consequences on the health of the patients.

You are an office bearer of Gomantak Mazdoor

Sangh. The Management had been consistently

communicating with and the workmen who have

been participating in the go slow/stoppage of work

to desist from the unfair labour practice of reducing

willfully and deliberately the production. The fall in

production was a consequence of the instigation and

incitement of the workmen to commence and

continue with the reduction of production. It has also

been observed that you have been actively inducing

the workmen to continue with the go slow.

The participation in the willful go slow and the

instigation and incitement of the workmen to initiate

the go slow and continue, wilful damage to or loss of

employers good or properties as such amounts to a

serious misconduct under the Model Standing

Orders.

11. The Management had therefore decided to

conduct an enquiry into the misconduct alleged

against you. You were suspended pending enquiry

by suspension order dated 21-04-2015.

Your above acts on your part constitute the

following Acts of Misconducts under the Model

Standing Orders:

a. Willful insubordination or disobedience,

whether alone or in combination with others,

to any lawful and reasonable order of a superior.

b. Willful damage to or loss of employer’s good or

property.

c. Habitual absence without leave or absence

without leave for more than 10 days.

d. Habitual breach of any law applicable to the

establishment.

e. Riotous or disorderly behavior during working

hours at the establishment or any act subversive

of discipline.

f. Neglect of work.

g. Striking work or inciting others to strike work

in contravention of the provision of any law, or

rule having the force of law”.

12. The Employer stated that the workmen was

suspended pending enquiry. The Employer stated

that Mr. Prashant Agarwal was appointed as Enquiry

Officer and Mr. Prasanna Chawadikar was appointed

as the Management Representative. The Employer

stated that Mr. Puti Gaonkar was appointed as

Defense Representative by the Workmen. The

Employer stated that Mr. Agarwal conducted the

enquiry on 15-05-2015 and 22-05-2015. The Employer

stated that thereafter the enquiry was fixed on

02-06-2015 at 3.30 p.m. The Employer stated that on

02-06-2015, Ld. Enquiry Officer was in personal

difficulty and hence, the enquiry could not held on

the said date. The Employer stated that in the mean

while Mr. Prashant Agarwal by his letter dated

04-06-2015 informed them due to prior commitments,

he is unable to continue with the conduct of the

enquiry and therefore has decided to withdraw from

the enquiry. The Employer stated that in view of

inability, of Mr. Prashant Agarwal to continue with

the enquiry, Mr. Shailesh Redkar was appointed as

an Enquiry Officer vide appointment letter dated

05-06-2015. The Employer stated that on 05-06-2015,

by notice dated 05-06-2015 the Workmen were

informed that in view of the change of the Enquiry

Officer, and the appointment of new Enquiry Officer,

the enquiry was fixed on 06-06-2015 at 4.30 p.m. at

the same venue. The Employer stated that the letter

of appointment of new Enquiry Officer was also

served on the charge-sheeted workmen. The

Employer stated that the charge-sheeted workmen

however, refused to accept the notice of enquiry as

well as the letter of appointment and the amended

charge-sheet. The Employer stated that on

06-06-2015, none of the charge-sheeted workmen

were present. The Employer stated that the charge-

-sheeted workmen stayed away from the enquiry

deliberately with the sole object of delaying the

enquiry proceedings in spite of being informed about

the enquiry fixed on 06-06-2015 at 4.30 p.m. The

Employer stated that Ld. Enquiry Officer on the basis

of documents on record and considering the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

59

contentions of the Management Representative and

after being satisfied that it is a fit case to proceed

ex-parte and held enquiry ex-parte against the

charge-sheeted workmen. The Employer stated that

the enquiry was conducted by the Ld. Enquiry Officer

in an impartial manner and every opportunity was

given to the Workman to defend the charge-sheet

levelled against the charge-sheeted workmen. The

Employer stated that Ld. Enquiry Officer submitted

his findings dated 13-06-2015 and after appreciating

the evidence on record held the Workman guilty of

charges levelled against him. The Employer stated

that they considered the proceedings of the enquiry,

the findings of the Enquiry Officer and concurred

with the same. The Employer stated that they

considered the past record and did not find any

extenuating circumstances for mitigation of

punishment of dismissal from its service. The

Employer stated that considering the gravity of

proved misconduct, the Workman was dismissed from

its service vide letter dt. 23-12-2015.

14. The Employer stated that the Workman was

paid full and final settlement of all his dues vide

cheque bearing No. 106322 drawn on Deutche Bank,

Mumbai for an amount of Rs. 1,83,176/- alongwith

the full and final computation statement on

30-01-2016 that includes basic pay, P. L. encashment,

house rent allowance, conveyance allowance,

medical allowance and LTA alongwith gratuity. The

Employer stated that the said amount has been

received by the Workman and has been credited to

his account on 24-03-2016. The Employer stated that

the Workman has also collected all his Provident

Fund dues and for the purpose of Employees

Provident Fund and Miscellaneous Provisions Act,

1952, is an excluded employee. The Employer stated

that, since the Workman is prosecuting this matter

after having received benefits/full and final

settlements of all legal dues arising out of termination,

it would be equitable to direct the Workman to return

the benefits so received from them with 8.5% interest

on the said money for prosecuting the reference on

merits on the principle of “Who seeks equity must

do equity”. The Employer therefore prayed that the

Workman will be directed to deposit the entire

amount in the Court and in the event the Workman

fails to deposit the amount within the period

stipulated in this Hon’ble Court, the defense of the

Workman may be struck off and the reference be

rejected or the Workman may be stopped from

mediating the present reference.

15. The Employer stated that by notice dated

20-04-2015, the management informed the employee

that their act of stoppage of work from the second

shift amounts to willful stoppage and gross

indiscipline. The Employer stated that the

management advised the employees to report for

work as per the shift schedule. The Employer stated

that however, the employees continued with the

stoppage and continued squatting within the factory

premises. The Employer stated that they, by notice

dated 21-4-2015, invited the attention of the workmen

in the third shift of 20th April, and first shift of

21st April, 2015, to the wilful stoppage of work and

again advised them to report for work. The Employer

stated that however, they failed to report for duty

and continued to squat within the factory premises.

The Employer stated that the management also

decided to issue charge-sheets to some of the

employees for the misconducts committed by them.

The Employer stated that in view of the seriousness

of the misconducts alleged against them and in the

interest of conducting a proper inquiry, and to avoid

any interference with such inquiry, the management

decided to suspend them pending inquiry and formal

charge-sheets. The Employer stated that the said

workmen were suspended pending inquiry vide

letter of suspension dated 21-4-2015. The Employer

stated that in the letter of suspension, the

management informed the workmen that the

management has decided to institute an inquiry into

the acts of misconduct alleged against them. The

Employers stated that as the employees continued

with the work stoppage and failed to report for work

and on the contrary were sitting within the factory

premises, the management, by letter dated 23-4-2015,

invited the attention of General Secretary of the

union Mr. Puti Gaonkar to the stoppage of work by

the employees from 20-4-2015 and to the notices

displayed on its notice board requesting the striking

employees to report for work. The Employer stated

that in the said letter, management informed the

union that the management is required to take

written undertaking from all the workmen that they

will perform their duties of manufacturing and

restored normalcy in the factory premises. The

Employer stated that the said letter was also

displayed on its notice board. The Employer stated

that alongwith the copy of the said undertaking the

workmen was also required to sign a notice displayed

on its notice board and copies of the same were

placed at the security gate. The Employer stated that

on and from commencement of general shifts of

24-4-2015, the employees who had reported at the

security gate were advised to sign the undertaking.

The Employer stated that however, they refused to

do so and squatted outside the factory premises in

front of the security cabin from where all the

employees entered inside the factory premises

thereby, causing inconvenience to the employees

who reported for duty. The Employer stated that the

action of the employees of stoppage of work from

28-4-2015 is a converted manner and continuing such

stoppage amounts to a strike which is illegal and

unjustified.

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SERIES II No. 2

13TH APRIL, 2023

16. The Employer stated that by notice dated

27-4-2015 displayed on 27-4-2015, the management

invited the attention of the Workman the stoppage

of work by way of illegal strike from 28-4-2015 and to

the undertakings which they declined to submit to

the management by giving an assurance of

restoration of normalcy. The Employer stated that by

the said notice, they were informed not to sit at the

security gate and squat outside the security gate as

it caused inconvenience as well as atmosphere of

fear and threat in the mind of managerial and other

employees as well as the customers, welders who

are entering the factory premises. The Employer

stated that the employees were therefore advised

not to squat near the factory gate and to stay away

from the said place. The Employer stated that as the

workmen continued to commit illegalities, the

management filed a suit for permanent as well as

temporary injunction on 27-4-2015. The Employer

stated that the Hon’ble Court after hearing them

passed order stating that the defendent union and

its members only those who are employed with them,

their agents, friends, relatives and representatives

are restrained from squatting within a radius of 200

metres from its factory premises at Verna, Salcette,

Goa and from blocking the entrance thereof and/or

preventing egress and ingress there from the other

staff and employees, customers, goods, vehicles, raw

material suppliers, there from till filing their reply

thereto. The Employer stated that in the meanwhile,

the management, vide its letter to the individual

workmen dated 02-06-2015, called upon the workmen

to withdraw the agitation and report for work by

giving the declaration/undertaking as mentioned

therein. The Employer stated that the workmen

however, did not respond. The Employer stated that

they again, by its letter dated 23-6-2015 sent to

individual Workman requested to join the duties. The

workmen did not respond. The Employer stated that

the management once again vide its appeal dated

31-07-2015 sent to individual workers requested the

workmen to report for work in their shift as per their

regular shift. The Employer stated that on 16-7-2015,

four employees who were the members of

“Kamgarancho Ekvott” resumed the duty. The

Employer stated that thereafter, one more appeal was

sent to the workmen on 11-08-2015 wherein,

reference was given of the appeal of 23-06-2016,

3-07-2015, and 31-07-2015 to report for work in the

shift and the shift schedule was annexed therewith.

The Employer stated that finally on 17-08-2015 the

remaining workers resumed duties.

17. The Employer submitted that the Ld. Enquiry

Officer followed the principles of natural justice and

granted every conceivable opportunities to the

workmen to be present but however, failed to

participate in the enquiry and therefore Ld. Enquiry

Officer had no option but to conduct the inquiry

ex-parte. The Employer submitted that Ld. Enquiry

Officer on the basis of the evidence on record

submitted reasoned findings holding the Workman

guilty of the charges levelled against him. The

Employer submitted that the management

considered the findings of the Enquiry Officer,

concurred with the same and considering the gravity

of misconduct decided to dismiss him from the

service and hence the present application for

permission for dismissal of the Workman. The

Employer denies the case of the Workman as pleaded

by him and prayed for rejection of the present

reference.

18. Thereafter, the Workman filed his Re-joinder

on 12-05-2017 at Exb. 6. The Workman, by way of his

Re-joinder, confirms and reiterates all his

submissions, averments and statements made in his

Claim Statement to be true and correct and denies

all the statements, averments and submissions made

by the Employer in its Written Statement, which are

contrary to his statement and averments made in his

Claim Statement.

19.

Based on the pleadings filed by the respective

parties, this Court framed the following issues on

28-6-2017 at Exb. 7.

1. Whether a free, fair and proper enquiry was

conducted against the Workman/Party I in

respect of charge-sheet dated 07-05-2015 in

accordance with the principles of natural

justice?

2. Whether the charges of misconduct levelled

against the Workman vide charge-sheet

dated 07-05-2015 have been proved to the

satisfaction of this court by acceptable

evidence?

3. Whether the Workman/Party I proved that

the action of the Employer in dismissing from

service w.e.f. 23-12-2015 is in violation of

Section 33 of the I.D. Act, 1947?

4. Whether the Workman/Party-I proves that

the action of the Employer/Party II in

dismissing him from service w.e.f. 16-06-2015,

is illegal and unjustified?

5. Whether the Employer/Party II proves that

the reference is not maintainable and bad-

in-law and in view of the reasons stated in

para (I) to (IV) of its written statement?

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

61

6. Whether the Workman/Party-I is entitled to

any relief?

7. What order? What award?

20. Thereafter, both the parties led their evidence

on the preliminary issues No. 1 and 2. Subsequently,

the Employer filed an application for amendment of

its written statement which was allowed by order

dated 17-3-2020 after hearing both parties. The

Workman also filed its synopsis in his written

arguments on preliminary issues. On 12-3-2022, Ld.

Rep. Shri Subhash Naik appearing for the Workman

as well as Ld. Adv. Ms. N. Gaonkar representing the

Employer submitted that the matter is likely to be

settled amicably between the parties. Accordingly,

on 20-01-2023, Ld. Rep. Shri Subhash Naik alongwith

the Workman as well as Ld. Adv. Mrs. M. Rao h/f Adv.

G. K. Sardessai representing the Employer alongwith

its Director remained present and filed an

application for Award in terms of settlement

alongwith Memorandum of settlement u/s 2(P) r/w

Sec-18(1) of the I. D. Act, 1947 between the Employer

and the Workman which is on record at Exb. 50-colly

and submitted that the matter be disposed off in

terms of the settlement arrived at between the

parties hereinabove. The terms of settlement as

agreed between the parties hereinabove are

reproduced hereunder:

a. The Management agrees to pay the Workman

Mr. Susen B. Jalmi a sum of Rs. 21,00,000/-

(Rupees Twenty one lakhs only), vide cheque

bearing No. 500008 dated 12-01-2023 drawn

on JP Morgan Chase Bank, N. A., Mumbai

400098 Branch, in full and final settlement of

all his claims.

b. It is agreed between the parties that the

Management shall not deduct TDS from the

Settlement amount and Mr. Susen B. Jalmi

undertakes to pay the Tax on the said amount.

c. Accordingly, Mr. Susen B. Jalmi agrees not to

pursue the references No. LC-II/IT/16/2016

before the Labour Court II or any dispute

raised individually or through any union

before any Tribunal, Court, Authority or Forum

and treat the same as settled.

d. It is agreed between the parties that this

settlement shall be filed before the Labour

Court II under reference No. LC-II/IT/16/

/2016 for an Award in terms of the present

settlement.

I have gone through the terms of settlement

signed by the parties hereinabove and am of the

opinion that the said terms of settlement are

beneficial to both the parties. The said terms of

settlement are also useful for the harmonious

relations between the parties. It furthers industrial

harmony at the workplace. Hence, I approved the

same.

In view of above and with regards to the facts and

circumstances of the present case, I proceed to pass

the following order.

ORDER

1. It is hereby held that the reference as to

whether the action of the management of M/s.

Pfizer Ltd., Verna Industrial Estate, Verna,

Salcette, Goa, in dismissing Shri Susen Jalmi,

Operator, w.e.f. 23-12-2015 is legal and justified,

does not survive.

2. Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar)

Presiding Officer,

Labour Court-II.

————

Order

No. 28/07/2023-LAB/184

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. Varun Beverages Limited, Plot

No. 4/A, Sanguem Industrial Estate, Dhabamol,

Xelpem, Sanguem, Goa and it’s workmen represented

by the Varun Beverages Employees Union, 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. Varun Beverages Limited, Plot No. 4/A,

Sanguem Industrial Estate, Dhabamol,

Xelpem, Sanguem, Goa in not conceding the

following demands raised by the Varun

Beverages Employees Union vide their letter

dated 29-03-2019, is legal and justified?

CHARTER OF DEMANDS

Demand No. 1: REVISION OF THE WAGE

STRUCTURE:-

The existing pay scales shall be revised.

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13TH APRIL, 2023

Demand No. 2: FLAT-RISE IN BASIC-SALARY &

PAY-SCALES:-

(a) That with effect from 01-04-2019 each worker

be paid a sum of Rs. 15,000/- as a Flat-Rise over

and above the existing basic salary as on

31-03-2019. The total basic salary as on

31-03-2019 plus a Flat-Rise of Rs. 15,000/- per

month be placed in the pay-scales.

(b) All the workmen should be designated

according to the nature of work duties

presently being carried out by them and their

other existing basic wages should be

increased. All the workmen should be given

Rs. 1,000/- as an annual increment.

Demand No. 3: VARIABLE DEARNESS

ALLOWANCE (VDA):-

All the workmen should be given V.D.A. as per all

India Base Consumer Price Index Series 1949=100 at

the rate of Rupee 5.00 per point subject to appropriate

deduction in neutralization points. The same may be

given in order to compete with the sky rocketed

inflation in the market and day to day rising standard

of living of the people in the State of Goa which is at

par with Delhi the capital city of the sub continent

country like India. It is therefore demanded that

handsome V.D.A. be paid to the company workmen

so that they can sustain against the rising rate of

inflation in the State.

Demand No. 4: FIXED DEARNESS ALLOWANCE

(FDA):-

That with effect from 01-04-2019 all the work

person be paid Fixed Dearness Allowance (FDA)

@ Rs. 2500/- per month.

Demand No. 5: HOUSE RENT ALLOWANCE

(HRA):-

That with effect from 01-04-2019 all the work

persons be paid a House Rent Allowance (HRA) @

Rs. 5,000/- per month.

Demand No. 6: LEAVE FACILITIES:-

The workers demand leave facilities as follows:-

(a) PRIVILEGE LEAVE:- Each worker be made

eligible to Privilege Leave at the rate of 30 days

per annum with a facility to accumulate upto

100 days.

(b) CASUAL LEAVE:- All the workmen should be

given 15 days Casual Leave per annum with a

facility to encash the balance unavailed leave.

(c) SICK LEAVE:- It is demanded that sick leave

be given up to 20 days per annum with a facility

to accumulate up to 15 days.

(d) PATERNITY LEAVE:- Every eligible

workmen be given 10 days paternity

leave with a full pay.

(e) BEVERMENT LEAVE:- In case of death of any

family member of the workmen, the concern

worker be granted 12 days leave with full

pay.

(f)

PHYSICAL ATTENDANCE:- Limits of physical

attendance of the workmen should be 210

days per annum.

(g) BANDH DAY:- If company is running on

Bandh day/general strike day in Goa,

company should take all responsibility and

provide free transportation facility with

security to the workmen from home to

company and back to home. And if it is not

possible company must make full pay on such

day.

(d) R.H. HOLIDAYS:- R. H. Holidays should be

considered as regular holidays.

Demand No. 7: TRANSPORT FACILITY:-

(a) Transport Facility:- Existing facility of

transport should continue and additional

transport facility must be provided on Shiroda

to Ponda route.

(b) Those workmen who are not afforded transport

facility by the company should be paid at the

rate of Rs. 10/- per km. with a shortest distance

from house to the place of employment.

(c) Regular Inspection:- That further regular

inspection of transport vehicles to ensure

safety and security of the workmen be done

with a regular interval of every three months.

(d) Similarly it is demanded that the transport

contractor be changed after every five years.

Demand No. 8: ALLOWANCES:-

(a) CHILDREN EDUCATIONAL ALLOWANCE:-

Union demand that all the eligible workmen

should be given Children Education

Allowance (CEA) @ Rs. 2,400/- per month.

(b) WASHING ALLOWANCES:- That with effect

from 01-04-2019 each workmen be paid

washing allowance @ INR 2,000/- per month

per person.

(c) LEAVE TRAVEL ALLOWANCE:-

That each

worker should be eligible to Leave Travel

Allowance (LTA) at the rate of one month gross

salary per annum.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

63

(d) SHIFT ALLOWANCE:- Union demanded that

each workmen be paid Shift Allowance as

below:-

1st Shift Allowance Rs. 100/- per day.

2nd Shift Allowance Rs. 150/- per day.

3rd Shift Allowance Rs. 200/- per day.

Whereas continuous work duties during the third

shift be intervene with one hour of rest with a

provision of free supply of breakfast or light

refreshment.

(e) INCONVENIENCE ALLOWANCE:- Similarly

Inconvenience Allowance @ Rs. 100/- per day

be paid to all the workmen on 3rd Shift.

(f)

SERVICE ALLOWANCE:- All the workmen

should be given service allowance of Rs. 100/-

on every complete years of service.

(g) ATTENDENCE ALLOWANCE:- In order to

encourage

and

motivate

maximum

attendance allowance as shown below be

paid:-

26th days attendance Rs. 600/- per month.

24th days attendance Rs. 400/- per month.

22nd days attendance Rs. 200/- per month.

(h) MAINTENANCE ALLOWANCE:- Machine

Maintenance Allowance of Rs. 500/- per month

be paid to the workmen who repairs the

machine or work towards dismantling/

assembling of machine.

(i)

MEDICAL ALLOWANCE:- The Union demand

that all the workmen who are not under E.S.I.

Scheme be paid the medical allowance @

INR 3500/- per month per person. All their

medical expenses including the expenses

towards domiciliary facilities and treatment

to the workmen and his family including

dependent parents be reimbursed by the

company. The same is required in view of the

fact of high cost of medicines, doctors and

hospitalization fees etc.

Demand No. 9: MEDICAL FACILITIES:-

(a) Insurance Cover:- All the workmen should be

covered under medical policy up to

Rs. 5,00,000/- (Rupees Five lakhs only)

extending the insurance coverage to their

spouse, children and dependent parents.

(b) Death Insurance:- All the workmen should

be covered under Death Insurance Scheme

of Rs. 15,00,000/- (Rupees fifteen lakhs only)

for any kind of death that may be caused

during their tenure of service in the company.

(c) Accident Insurance:- All the workmen

should be covered under accident insurance

related scheme for a benefit of Rs. 10,00,000/-.

(d) If any worker undergoes medical treatment

or any sickness or disease and has to remain

absent on duty due to sickness for a longer

period, he should be given full pay special

leave till he joins his duty.

(e) Company should tie up with standard

hospital for the purpose of extending the

facility of immediate treatment to the

workmen in case of an emergency.

(f)

Standby 24 hours ambulance facilities should

be made available.

(g) Company should grant a sum of Rs. 25,000/-

as an emergency medical assistance in case

of required hospitalization or death of family

members of the workmen.

Demand No. 10: LOAN FACILITY:-

(a) PERSONAL LOAN:- Union demand that

interest free personal loan of Rs. 3,00,000/-

(Rupees Three lakhs only) should be given to

the workmen to be repaid with an easy

monthly installment within a period of 7 years.

(b) HOUSE LOAN:- Interest free loan of

Rs. 5,00,000/- (Rupees five lakhs only) be paid

to workmen towards the construction or

upgradation of a house.

Demand No. 11: OTHER FACILITIES:-

(a) The facilities which have not been expressly

modified/changed/altered shall continue to

be applicable and enjoyed by the workmen

and they shall not be adversely affected as a

result of present demand.

(b) DEATH RELIEF FUND:- In case of a death of

any workmen caused during the service in or

outside the factory premises, all the workmen

shall contribute towards the death relief fund

to the extent of one day’s wages and employer

should contribute a sum of Rs. 2,00,000/-

(Rupees two lakh only) and such amount to

be paid and handed over to the legal heirs of

the deceased as a death relief fund.

(c) FESTIVAL ADVANCE:- All the workmen should

be given Rs. 20,000/- as a Festival Advance

once in a year along with two crates of pat

bottles of fruit juices.

(d) MARRIAGE GIFT:- On workmen’s marriage one

month’s gross salary should be given as a gift

to him.

(e) SERVICE REWARD:- All the workmen should

be given service reward as shown below:-

(1) Completion of 5 years service

— Rs. 10,000/-

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SERIES II No. 2

13TH APRIL, 2023

(2) Completion of 10 years service — Rs. 15,000/-

(3) Completion of 15 years service — Rs. 20,000/-

(4) Completion of 20 years service — Rs. 25,000/-

(5) And the service above 20 years — Rs. 30,000/-

Demand No. 12: OTHER DEMANDS:-

(A) In future new line comes and old workers is

forced to operate new line, he should be given

flat rise of Rs. 5,000/- in basic salary.

(B) If plant is running in 3 shifts, then company

should provide 3:3 Relief System and also give

back up reliever.

(C) 6 bottles of 1.25 ltr. should be provided to every

worker every month.

(D) BIRTHDAY COUPON:- Company should give

Rs. 1,000/- as Birthday Gift to every workmen

(which includes 1 Kg. cake, chocolates and a

case of fruit juice and a gift voucher).

(E) SAFETY SHOES ETC.:- Raincoats, Umbrellas

& Safety Shoes of standard quality to ensure

industrial safety should be provided to the

workmen every year.

(F) UNIFORM:- Three sets of an uniforms of a

standard quality fabric be provided to the

workmen every year.

(G) Canteen facility should be improved and

superior quality of food should be provided to

all the workmen and to ensure the same,

contract of canteen should be changed every

year. 100% subsidized food be provided to all

workmen.

(H) PICNIC:- Company should arrange 2 days

overnight picnic outside the State of Goa in

the monsoon season somewhere in the month

of July with a proper arrangement of a

transport, food & accommodation for all the

workmen and if the same is not feasible then

in such case the workmen be paid Rs. 3,000/-

towards picnic. If any workmen required to

attend his duty on such date he should be

given extra benefit as mentioned above.

(I)

BONUS EX-GRATIA:- That each worker be paid

Bonus-cum-Ex-Gratia @20% per annum

without any ceiling.

(J) SCHOLARSHIP:- Children of workmen should

be awarded every year by giving scholarship

as below for achieving 80% and above.

Std. I - V

—

Rs. 2,000/-

Std. VI - IX

—

Rs. 5,000/-

Std. X

—

Rs. 10,000/-

Std. XII

—

Rs. 15,000/-

Graduate

—

Rs. 20,000/-

(K) Company should give 50% discount to its

workmen towards the purchase of its own

products for workers family functions and

celebrations.

(L) Company should provide fully furnished office

premises with computer facility and other

equipments for the union office.

(M) Company should provide a rest room with

necessary facilities.

(N) Promotion facility should be considered.

(O) PAYMENT OF ARREARS:- In case of delay

caused in timely arriving at the amicable

settlement over a workers COD, all the

workmen shall be paid along with the interest

rate @12% payable to them since the

commencement of the new period of

settlement till actual signing of the settlement.

(P) Similarly arrears on LTA, overtime and bonus

also be paid to workmen as incase of arrears

on the settlement.

(Q) Rectification/fitment of V.D.A of some workers

should be made.

(R) Company should relieve unit committee to do

union work/attending meeting/training

programme etc. and grant them special leave.

Demand No. 13: SHIFT TIMINGS:-

The timing of the shift should be changed as under:-

1st Shift 7.00 a.m. to 3.00 p.m.

2nd Shift 3.00 p.m. to 11.00 p.m.

3rd Shift 11.00 p.m. to 7.00 a.m.

That accordingly transportation/bus shall leave

one hour before from Ponda and Arlem.

Demand No. 14: FORMATION OF SOCIETY:-

In case if the union resolves to form employees

credit co-operative society among the workmen

company should support the union in all terms by

providing premises along with infrastructure such

as furniture, laptop and safe, etc. with a facility of

deduction of installments from the monthly wages

of the debtor.

Demand No. 15: SPECIAL DEMAND:-

(1) Gratuity should be given at 45 days total

wages of every completed year of service.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

65

(2) VRS (Voluntary Retirement Scheme) to be

implemented and all the benefits to be given which

are there.

(3) After A.I.B. audit every workmen should be

given a gift.

(4) Multi-skilling: All the workmen should get

multi skill pay out which is there in STD-Multiskill

Act.

Demand No. 16: RETROSPECTIVE EFFECT:- All

the above demands and benefits should be given

with effect from 1st April, 2019.

Demand No. 17: PERIOD OF SETTLEMENT:- The

period of settlement shall be of 3 years.

(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, 8th March, 2023.

————

Notification

No. 28/02/2023-LAB/Part-I/214

The following Award passed by the Labour

Court-II, at Panaji-Goa on 03-03-2023 in Case No.

Ref. LC-II/IT/06/06 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, 15th March, 2023.

––––

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

. Case No. Ref. LC-II/IT/06/06

Shri Menino Estibeiro,

H. No. 447, Near Lake

Goddar, Macasana,

Salcete-Goa.

…… Workman/Party I

V/s

M/s. Goa Shipyard Pvt. Ltd.,

Vaddem, Vasco-da-Gama-Goa. …… Employer/Party II

Workman/Party-I represented by Ld. Rep. Shri

Subhash Naik George.

Employer/Party-II represented by Adv. Shri M. S.

Bandodkar.

Panaji, dated: 03-03-2023.

AWARD

1. In exercise of the powers conferred by Clause (c)

of sub-section (1) of Section 10 of the Industrial

Disputes Act, 1947 (Central Act 14 of 1947), the

Government

of

Goa,

by

Order

dated

24-02-2006, bearing No. 28/37/2003-LAB/129

referred the following dispute for adjudication to

the Labour Court-II, of Goa.

“(1) Whether th action of M/s. Goa Shipyard

Private Limited, Vasco-da-Gama, Goa, in

dismissing it’s Workman, namely, Shri Menino

Estibeiro, Mazdoor, with effect from 22-01-2005,

is legal and justified?

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

2. On receipt of the reference, a case was

registered under No. IT/06/06 and registered A/D

notice was issued to the Parties. In pursuance to the

said notice, the Parties put in their appearance. The

Workman/Party-I (for short ‘Workman’) filed his

Statement of Claim on 02-05-2006 at Exb. 4. The facts

of the case, in brief as pleaded by the Workman are

that there exist a union by name Shipyard Employees

Union (for short, ‘the said union’) in the Employer

establishment. He stated that the said union is the

sole bargaining agent having strength of over 1,800

as its members out of 1850 Workmen. He stated that

on 23-3-1996, the election of the said union was held.

He stated that Shri Vincent P. Dias was elected as the

President, Shri Kishore Shet, Shri Pramod Bandekar,

Shri Sebastian Rebello as Vice Presidents, Shri D.

Ramalingam as General Secretary, Shri Ashok Shinde,

Shri Namdeo Naik as Secretaries and Shri Agnelo S.

D’Souza as Treasurer of the said Union. He stated that

05-05-1997, Shri P.V. Dias called for a Managing

Committee meeting within the Employer’s premises

to be held on 08-05-1997. He stated that on

07-05-1997, Shri Ashok Shinde as Secretary, issued a

letter to the Employer to the effect that the meeting

called on 08-05-1997 was cancelled. He stated that

on 09-05-1997, the entry of Shri P. Vincent Dias was

barred under instructions of the management by the

C.I.S.F. He stated that on 02-06-1997, 21 members of

the Managing Committee requested the President

in writing to convene a Managing Committee

Meeting on 06-06-1997 at 16.30 hours at Kamat

Canteen, A.C. Hall, Kadamba Bus Stand. He stated

that on 06-06-1997, the Managing Committee met and

decided to hold a General Body Meeting on

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SERIES II No. 2

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20-06-1997. He stated that on 09-06-1997 pursuant

to the Managing Committee decision on 06-06-1997,

show-cause notices were issued to five Managing

Committee Members stating as to why they should

not be dismissed from the membership of the union.

He stated that on 14-06-1997, the Employer issued

notice, permitting to hold the meeting on 20-6-1997

at 9.30 a.m. at Scooter Parking Shed of the Employer.

He stated that the said meeting was called by Shri

D. Ramalingam on whom the show-cause notice was

served. He stated that on 19-06-1997 at 18.30 hours’ a

notice was delivered to Shri P. Vincent Dias to show-

cause why his membership of the union should not

be terminated. He stated that on 20-06-1997, the

General Body Meeting called in the scooter parking

shed could not be held due to law and order problem.

He stated that on 20-06-1997, police led by Shri

Thorat, the then PSI threatened to lathi charge in

the event the members of the union assembled at

the venue of the meeting. He stated that on

21-6-1997, 1207 members of the said union issued a

notice stating that if the President failed to call the

meeting, they themselves would hold a meeting on

the said date and place and Shri Paul Fernandes

would Chair the meeting. He stated that on

19-7-1997 elections were held. He stated that on

19-7-1997, 1220 members voted and ratified the

elections. He stated that 1319 members wrote a letter

to the Registrar of Trade Union furnishing their names

of the newly elected members. He stated that on

21-7-1997 Shri Damodar R. Dessai and 3 others filed a

regular Civil Suit bearing No. 37/1997 in the Civil

Court at Vasco-da-Gama, alleging false statement

against the office bearer of the Managing Committee

of the said union, who were elected on 19-7-1997 and

prayed for a declaration that the special General Body

Meeting held on 10-07-1997 under the Chairmanship

of Shri Paul Fernandes be declared as null and void

and consequently, the election held on 19-07-1997

be set aside. He stated that the said Damodar Dessai

and 3 others in the said Civil Suit further prayed for a

permanent injunction restraining the defendants, or

any person acting on their behalf to take over the

management, control and function of the said union

or obstructing physically or interfering or otherwise

preventing the management, governing the affairs

of the said union or interfering in the said union till

the office bearer and the Managing Committee is

finally elected and recognized by the competent

authorities. He stated that the said Damodar Dessai

and others also filed a Civil Misc. Application,

bearing No. 99/1997, along with the said Civil Suit

No. 37/1997. He stated that on 24-7-1997, the

Managing Committee of the said union filed a regular

Civil Suit No. 54/97/B and also filed a Civil Misc.

Application No.100/97 for a declaration that the

meeting held under the Chairmanship of Shri Paul

Fernandes and the resolutions taken therein on

10-07-1997 be held as legal, valid and subsisting. He

stated that in the said Civil Suit No. 54/1997/B, they

had prayed for a declaration that there was no special

General Body Meeting held on 20-06-1997 and that a

permanent injunction restraining the defendants,

their members, servants etc. from holding a special

general body meeting on 25-07-1997 at Vasco-da-

-Gama, Goa and also for a temporary injunction. He

stated that the Civil Judge ordered that the

defendants in the Regular Civil Suit No. 37/1997 are

restrained from interfering with or disrupting the

elections scheduled to be held on 25-07-1997,

however the Plaintiff and other elected members of

the factions supported by the Plaintiff shall not take

charge of their respective post till the disposal of the

suit or till the elections held on 19-07-1997 are

declared to be illegal and void.

3. He stated that on 06-01-2001, 13 Workmen were

issued letter of suspension alleging that consequent

upon receipt of reports of their unlawful activities

leading to rioting and violence at the court premises

of Judicial Magistrate First Class at Mangor Hill,

Vasco-da-Gama on 3rd January, 1998, they are

suspended from work with immediate effect, till

further orders. He stated that the Employer thereafter

conducted a domestic enquiry by issuing them a

charge-sheet dated 12-05-1998, alleging that on

03-01-1998 he was required to be on duty, but instead

of reporting for duty in concert and in combination

thereof, along with other Workmen, abstained from

duty, assembled at the main gate of Goa Shipyard

Limited and stopped some of the Workmen from

attending duty.

4. He submitted that there were no justifiable, valid

and genuine reasons for the Disciplinary Authority

to differ from the findings of the Enquiry Officer as

the reasoning of the Enquiry Officer does not suffer

from any infirmity. He submitted that the enquiry

conducted against him is illegal, null and void and

in violation of the principles of natural justice as well

as against the Certified Standing Orders. He

submitted that the Disciplinary Authority has no

authority to rewrite the findings under the Certified

Standing Orders. He submitted that the Disciplinary

Authority being also an Appellate Authority, has

deprived him rights vested in them and therefore

the entire exercise of the Disciplinary Authority is

illegal and unjustified. He submitted that the

Disciplinary Authority re-wrote the findings without

giving him any opportunity to show-cause as to

whether such re-writing was permissible in law

under the Certified Standing Orders. He submitted

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67

that the Disciplinary Authority has acted maliciously

and perversely. He submitted that the re-writing of

the findings by the Disciplinary Authority is

colourable exercise of jurisdiction, an abuse of power

and a fraud on the statue. The Workmen therefore

prayed for setting aside the findings of the

Disciplinary Authority as well as the Enquiry

Authority.

5. The Employer resisted the Claim of the Workman

by filing its Written Statement on 27-08-2007 at Exb.8.

The Employer, by way of preliminary objection

submitted that the entire reference is bad-in-law and

not maintainable as it is not a private limited

company, but it is a public limited company and

public sector undertaking. The Employer submitted

that the State Government is not the appropriate

Government. The Employer submitted that it is a

Central Government’s Public Sector undertaking.

The Employer submitted that it is in the business of

Ship building and Ship repairs for Indian Navy and

Coast Guards. The Employer submitted that its

business is carried out and controlled under the

authority of Central Government. The Employer

submitted that it is under the administrative control

of Ministry of Defense, Department of Defense

Production. The Employer therefore submitted that

the Appropriate Government in its case is Central

Government and not Government of Goa. The

Employer further submitted that the Government of

Goa has no authority and/or jurisdiction to entertain

and refer the present dispute.

6. The Employer stated that on 03-01-1998, the

Workmen along with his co-workmen remained

unauthorizedly absent from duty, without sanction

of leave and/or without information and permission

from the superiors. The Employer stated that the

Workman along with some other workmen

unauthorizedly assembled outside its main gate and

illegally and unjustifiably obstructed and prohibited

its workers from entering in the premises for

performing their duties. The Employer stated that

the Workman along with some other workmen

created tense and terror in the minds of other workers,

who came on 3-1-1998 at the gate to report for their

duties. The Employer stated that because of fear and

terror created in the minds of its workers by the

Workman and some other Workmen, majority of

workers including some lady workers, unwillingly,

but arising out of fear and pressure by the Workman

along with some other workmen went at Mangor Hill,

by paralyzing the work and its functioning.

7. The Employer stated that thereafter, the

Workman along with some other workmen

unauthorizedly assembled outside the Court

premises at Mangor Hill, Vasco-da-Gama and started

shouting slogans by using filthy languages. The

Employer stated that they also abused other workers,

who claimed to be defendants in the said Civil Suit.

The Employer stated that because of the said act of

the Workman, there was disturbance for the

advocates and litigants who wanted to attend the

court in their respective cases. The Employer stated

that some of the workers including the workers

claiming to be the Plaintiffs and Defendants in the

said Civil Suit were inside the court premises. The

Employer stated that since the Presiding Officer was

on leave, the matter was adjourned to some other

date.

8. The Employer stated that having knowledge of

the adjournment of the matter, the concerned

Workman and some other workers became violent to

such an extent that they physically assaulted,

manhandled Adv. Shri Shirodkar, who was going out

of the court premises. The Employer stated that the

Workman along with some other workmen snatched

the brief case of the said advocate and also caught

hold of his coat. The Employer stated that arising

out of physical attack, Adv. Shirodkar got scared and

rushed in the court premises to protect himself and

filed a complaint before one of the Judicial

Magistrate, who was present in the Court.

9. The Employer stated that the Workman along

with some other workmen and their supporters

started pelting stones not only on the other workers,

who claimed to be defendants in the said Civil Suit,

but also on the Court building. The Employer stated

that though there were some police personnel, who

witnessed that the Workman and some other

workmen are becoming violent, to avoid any law and

order situation, called for additional police force. The

Employer stated that thereafter police inspector Mr.

Thorat and Executive Magistrate of Vasco-da-Gama

came at the Court premises.

10. The Employer stated that the Police personnel

and the Executive Magistrate asked the workers

including the Workman to vacate the court premises.

The Employer stated that meanwhile, the Workman

along with some other workmen instigated the mob

and encouraged to become violent. The Employer

stated that because of the instigation by the

Workman and some other workmen, there was an

unpleasant incident of pelting stones on the temple

of law. The Employer stated that the Workman was

directly involved in it and such an act was not

acceptable from any person, much less by the

workmen of any public sector undertaking. The

Employer stated that because of terror and havoc

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created by the Workman along with some other

workmen, the workmen who were in the court

premises, out of fear were not ready to come down

from the court premises. The Employer stated that

the Executive Magistrate and Police Inspector asked

those workmen to vacate the premises. The Employer

stated that having regards to violent mood of the

Workman and some of the workmen, the Police

Inspector assured the workmen who were in the

court premises that the police will escort them and

they will be dropped by the police van. The Employer

stated that however, the workers were not willing to

come down from the court premises because of threat

and terror atmosphere created by the Workman and

others. The Employer stated that the Executive

Magistrate and Police Inspector were compelled to

give protection and forced the workmen, who were

in the court premises, to vacate the court premises,

and then only the workmen came down from the court

premises with support and help of police. The

Employer stated that however, the violent activities

of the Workman along with some other workmen

continued. The Employer stated that they even pelted

stones on those workmen, who were escorted by the

police personnel, including police personnel, which

resulted in injuries to three workmen. The Employer

stated that the Workman along with some other

workmen were not in a mood even to listen the Police

Inspector and Executive Magistrate and continued

their illegal activities. The Employer stated that the

police were compelled to make a lathi charge on the

workmen. The Employer stated that the Workman

along with some of the workmen were even arrested

by the police and charge-sheets were filed against

them for their illegal and unjustified act including

an act at the court premises.

11. The Employer stated that entire act of the

Workman along with some other workmen that also

from the public sector undertaking, were grave and

serious acts of misconducts including subversive of

discipline and good behavior outside the premises

and such act was detrimental for smooth functioning

of the establishment. The Employer stated that they

therefore suspended the Workman including some

other workmen, who were indulged in the illegal

activities, pending enquiry and result thereof.

12. The Employer further submitted that they

served the charge-sheet individually on those

workmen including the Workman. The Employer

stated that the Workman submitted his written

explanation, however the said written explanation

was not satisfactory, therefore they decided to

conduct the enquiry.

13. The Employer further submitted that, initially

it started individual and separate enquires of all the

workmen including the Workman, who were issued

the charge sheets. The Employer stated that since

all the charge-sheets were arising out of the same

incident and misconducts were more or less similar,

it was decided to conduct a common enquiry of all

fourteen workmen. The Employer stated that

therefore the enquiry of the Workman was clubbed

with enquiries of other workmen. The Employer

submitted that some of the workmen accepted their

guilt at the beginning of the enquiry itself, whereas

the enquiry of the Workman continued. The Employer

further stated that the Workman fully participated

in the enquiry and he was represented by Adv. Mario

Almeida. The Employer stated that during the

enquiry, they examined three witnesses in support

of the charges and they were thoroughly and in

length cross-examined by the Advocate of the

Workman. The Employer submitted that the evidence

against the three witnesses was consistent,

corroborative, and arising out of the factual events.

14. The Employer stated that the Workman

examined himself besides other workmen, including

independent witnesses. The Employer stated that

however, they did not bring cogent evidence in their

defense to justify their action and/or contrary to the

evidence of the management. The Employer stated

that the Enquiry Officer, while appreciating the

evidence, came to the conclusion that there is

sufficient evidence to prove that charges levelled

against the Workman. The Employer stated that

however, to the utter surprise, the Enquiry Officer

held the Workman guilty of only single charge i.e.

going on illegal strike or abetting, instigating or

acting in furtherance the normal conduct or work of

the company”, and submitted his findings to the

Employer. The Employer stated that the Enquiry

Officer while appreciating the evidence observed

and analyzed the contradiction in the defense

evidence.

15. The Employer submitted that the Disciplinary

Authority perused the enquiry proceedings, its

connected papers and findings of the Enquiry

Officer. The Employer stated that the Disciplinary

Authority however, did not concur with the findings

of the Enquiry Officer. The Employer stated that the

Disciplinary Authority, after appreciating the

enquiry proceedings and findings of the Enquiry

Officer, came to a firm and definite conclusion that

all the charges levelled against the Workman have

been proved. The Employer stated that the

Disciplinary Authority, therefore while issuing a

show-cause notice dated 17-02-2004 to the Workman,

also issued/enclosed his separate reasoning as to why

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69

and how the Disciplinary Authority differ with the

findings of the Enquiry Officer on the remaining

charges, which according to the Enquiry Officer are

not proved and how the said charges are also proved

against the Workman. The Employer stated that the

Disciplinary Authority, while issuing the said show-

cause notice, enclosed the findings of Enquiry Officer

and his own findings. The Employer stated that they

had given 7 days’ time to the Workman to file his

reply to the said show-cause notice. The Employer

stated that the Workman, by his letter dated

24-02-2004 requested for extension of two months’

time to file the reply to the said show-cause notice.

The Employer stated that they, by its letter dated

10-03-2004 granted two months’ time to file his reply.

The Employer stated that the Workman filed his reply

dated 08-05-2004 to the aforesaid show-cause notice

of the Employer dated 17-02-2004. The Employer

stated that the Workman, vide his reply dated

08-05-2004 denied the charges levelled against him

and further submitted that the Disciplinary

Authority has no power to differ from the findings of

the Enquiry Officer.

16. The Employer stated that some of other

workers concerned in the same enquiry and who had

been also issued similar show-cause notices, filed

writ petitions bearings No. 143 of 2004 to 150 of 2004

before the Hon’ble High Court of Bombay at Panaji

Bench, challenging the validity of show-cause notice

issued by the Employer. The Hon’ble Court observed

that before the Disciplinary Authority differs with

the view of the Enquiry Officer and proposed to come

to a different conclusion, a reasonable opportunity

of hearing should be granted to the workmen to show-

cause against the reversal of the findings, which

have been recorded in his favour by the Enquiry

Officer. The Hon’ble Court further observed that the

Respondent (the Employer) will be at liberty to issue

a show-cause notice to the Petitioners for showing

cause against the proposal of the Disciplinary

Authority, taking a different view from the view taken

by the Enquiry Officer.

17. The Employer stated that in view of the

observations made by the Hon’ble High Court, they,

by their letter dated 01-07-2004 withdrew its earlier

show-cause notice and issued a fresh show-cause

notice enclosing the reasoning of the Disciplinary

Authority, as to why he is differing from the findings

of the Enquiry Officer and asked to show-cause to

indicate the reasons as to why the Disciplinary

Authority should not differ from the findings of the

Enquiry Officer to the extent of holding him guilty of

the charges from Sr. No. 2 to 6 mentioned in the

impugned charge-sheet. The Employer stated that

the Workman, vide his letter dated 01-09-2004,

submitted his reply to the show-cause notice dated

01-07-2004. The Employer stated that since the

explanation submitted by the Workman, vide his

letter dated 01-09-2004 was not satisfactory, he was

issued a show-cause notice dated 10-12-2004 asking

his explanation within 7 days from the receipt of the

said show-cause notice. The Employer stated that

the Workman, by his letter dated 20-12-2004,

requested for 3 months’ time to file reply to the said

show-cause notice. The Employer stated that they,

by its letter dated 27-12-2004, granted 15 days’ time

to the Workman to file his reply to the said show-

cause notice. The Employer further submitted that

the Workman, by his letter dated 10-01-2005

submitted his explanation to the said show-cause

notice. The Employer stated that after carefully going

through the said explanation of the Workman, they

found that it was far from satisfactory and further

observed that the points and objections raised by

the Workman were not at all relevant and contrary to

the facts of the case, circumstances and situation

arising out of the misconducts committed by the

Workman. The Employer stated that having regards

to the gravity of the charges found proved against

the Workman, they by its order dated 22-1-2005,

dismissed the Workman as per the provisions of the

Certified Standing Orders applicable to the

establishment.

18. The Employer submitted that while dismissing

the Workman from the services, they did follow the

procedure of law and full and fair opportunity was

given to the Workman to defend his case while

conducting the enquiry. The Employer submitted

that the enquiry was conducted by following the

principles of natural justice. The Employer submitted

that the entire action on the part of the Employer is

arising out of the principles of natural justice and

observations made by the Hon’ble High Court. The

company further submits that entire action of the

Employer is within the parameter and provisions of

the law and this Hon’ble Tribunal should not interfere

with the bonafide decision of the Employer.

19. Without prejudice the Employer further

submits that assuming without admitting if this

Hon’ble Tribunal comes to the conclusion that the

enquiry has not been conducted by following

principles of natural justice or that the findings of

the Enquiry Officer/Disciplinary Authority is/are

perverse and/or bias (there is no scope/warrant to

come to such conclusion), the company crave leave

to lead additional evidence to justify its action of

dismissal of the Workman.

20. Thereafter the Workman filed his Re-joinder on

07-07-2008 at Exb. 15. The Workman by way of his

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Re-joinder denied each and every statement,

averments and submissions made by the Employer

vide their Written Statement filed in the present

proceedings and reiterates and confirms the

statements, averments and submissions made by him

in his statement of claim.

21. Based on the pleadings filed by the respective

parties this Hon’ble Court framed the following issues

on 17-11-2009 at Exb. 26.

1. Whether a fair & proper enquiry was conducted

against the Workman/Party I pertaining to the

alleged misconduct?

2. Whether the Workman/Party I prove that the

findings submitted by the Enquiry Officer are

valid and legal?

3. Whether the Workman/Party I prove that the

action of the Disciplinary Authority to differ

from the findings given by the Enquiry Officer

is illegal null and void?

4. Whether the charges of alleged misconduct

leveled against the Workman/Party-I are proved

to the satisfaction of this court by acceptable

evidence?

5.Whether the Workman/Party-I proves that the

action of the Party-II/Employer in terminating

his services w.e.f. 22-01-2005 is illegal and

unjustified?

6. Whether the Employer/Party-II proves that the

present Order of Reference is bad in law view of

the reasons stated in Para 2 (a) & (b) of its Written

Statement?

7. Whether the Party-I proves that he is entitled

to any relief?

8. What Award? What Order?

22. My answers to the aforesaid issues are as

under:

a) Issue No. 1

: In the affirmative.

b) Issue No. 2

: Partly in the affirmative and

partly in the negative.

c) Issue No. 3

: In the negative.

d) Issue No. 4

: Partly in the affirmative and

partly in the negative.

e) Issue No. 5

: In the affirmative.

f) Issue No. 6

: In the negative.

g) Issue No. 7 & 8 : As per final order.

I have heard the oral arguments of the Ld. Rep.

Shri Subhash Naik appearing for the Workman as well

as Ld. Adv. Shri M. S. Bandodkar representing the

Employer. Both the parties also filed their synopsis

of written arguments respectively. I have carefully

perused the entire records of the present case. I have

also carefully considered the submissions advanced

before me.

REASONS:

Issue No. 1:

23. Vide order dated 09-06-2015 passed in my

findings on the preliminary issue No. 1 to 4, it has

been held that a fair and proper enquiry was

conducted against the Workman in consonance with

the principles of natural justice as well as with the

provisions of the Certified Standing Orders of the

Employer in respect of charge-sheet dated 12-05-1998

issued to him. The issue No.1 is therefore answered

in the affirmative.

Issue No. 2:

24. Vide order dated 09-06-2015 passed in my

findings on the preliminary issue No. 1 to 4, it has

been held that the Employer partly proved the

charges of misconduct to the satisfaction of this court

by acceptable evidence against the Workman, in

respect of charge-sheet dated 12-05-1998 to the

extent of proving the charges of misconduct at clause

No. 29 (II), 29 (XI) and 29 (XII) only and the remaining

charges of misconduct i.e. at clause No. 29 (XXXII),

29 (XXXVII) and 29 (XLI) of its Certified Standing

Orders, have not been proved. The Issue No. 2 is

therefore answered partly in the affirmative and

partly in the negative.

Issue No. 3:

25. Vide order dated 09-06-2015 passed in my

findings on the preliminary Issue No. 1 to 4, it has

been held that the Workman failed to prove that the

action of the disciplinary authority to differ from the

findings given by the Enquiry Officer is illegal, null

and void. The Issue No. 3 is therefore answered in

the Negative.

Issue No. 4:

26. Vide order dated 09-06-2015 passed in my

findings on the preliminary issue No. 1 to 4, it has

been held that the Employer partly proved the

charges of misconduct to the satisfaction of this court

by acceptable evidence against the Workman, in

respect of charge-sheet dated 12-05-1998 to the

extent of proving the charges of misconduct at clause

No. 29 (II), 29 (XI) and 29 (XII) only and the remaining

charges of misconduct i.e. at Clause No. 29 (XXXII),

29 (XXXVII) and 29 (XLI) of its Certified Standing

Orders, have not been proved. The Issue No. 2 is

therefore answered partly in the affirmative and

partly in the negative.

Issue No. 5 & 7:

27. Vide order dated 09-06-2015 passed in my

findings on the preliminary issue No. 1 to 4, it has

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71

been held that the Employer partly proved the

charges of misconduct to the satisfaction of this court

by acceptable evidence against the Workman, in

respect of charge-sheet dated 12-05-1998 to the

extent of proving the charges of misconduct at

Clause No. 29 (II), 29 (XI) and 29 (XII) only and the

remaining charges of misconduct i.e. at clause No.

29 (XXXII), 29 (XXXVII) and 29 (XLI) of its Certified

Standing Orders, have not been proved.

28. The Employer therefore decided to lead fresh

evidence before this Hon’ble Court in respect of the

charges of misconduct i.e. at Clause No. 29 (XXXII),

29 (XXXVII) and 29 (XLI) of its Certified Standing

Orders which has not been proved before the

domestic inquiry. In order to prove the aforesaid

misconduct, the Employer has examined the

witnesses namely, Shri Damodar Desai, and Mr.

Kishor Manohar Samant, the Addl. General Manager

(Legal). In rebuttal, the Workman examined himself

before this Hon’ble Court. All the witnesses

examined by either parties, were thoroughly cross

examined.

29. Though, it was necessary to prove the unproved

charges by fresh and independent evidence, the

Employer failed to adduce any fresh and independent

evidence. The Employer however, once again

examined Shri Damodar Dessai, who had examined

before the Ld. Enquiry Officer and produced on record

the same documents i.e. of proceedings of the

enquiry complaint, dated 03-01-1998 against

inhuman behaviour of supporters of Shri P. V. Dias by

him and others, complaint of assault dated

03-01-1998, letter dated 06-01-1998 from the Police

Inspector, Vasco Police Station, Vasco-Goa, F. I. R.

dated 03-01-1998, report regarding Rioting Incident

dated 07-01-1998 from Supdt. of Police to the

Managing Director, G. S. L., letter dated 08-01-1998

from the Dy. Inspector General of Police, Panaji to the

Managing Director, G. S. L. etc. The deposition of the

said Shri Damodar Dessai is more or less the same.

The said witness also could not produce the

documentary evidence to establish the case in

respect of unproved charges.

30. I have carefully gone through in detail, the

evidence led by the Employer of Shri Damodar Desai

as well as Shri Kishor Samant and on going through

the same, there is no substantial evidence to prove

the allegations that the workmen were restrained,

detained or gheraoed by the workmen either inside

or outside premises of the Employer Company.

Similarly, there is no substantial acceptable evidence

to prove the allegations and to prove the charge that

any abusive or insulting language or any sort of

threat or assault, intimidation or coercion was done

by the workmen within the premises of the Employer

Company, which is directly effecting the discipline

or work or business of the Company. Hence, it is held

that the Employer failed to prove that the charges of

misconduct at Clause No. 29 (XXXII), 29 (XXXVII) and

29 (XLI) of its Certified Standing Orders.

Thus, it is held that the Employer could prove the

charges of misconduct at Clause No. 29(II), 29(XI) and

29(XII) of its Certified Standing Orders.

31. The Clause 29(II) of the Model Stranding

Orders states that going on illegal strike or awaiting,

inciting, instigating or acting in furtherance thereon

or resorting to obstruction aimed at or resulting in

paralyzing the normal conduct or work of the

company. Clause 29 (XI) states that drunkenness,

riotous, disorderly, indecent or improper behaviour

on the premises of the establishment or outside the

premises of the establishment if it adversely affects

or is likely to affect the working or discipline of the

establishment. Clause 29 (XII) states that commission

of any act subversive of discipline or good behaviour

on the premises or precincts of the establishment.

Thus, the charges of misconduct proved against the

Workman are not serious enough to warrant the

termination of services. Taking into consideration

the proved charges of misconduct as well as

unblemished past service record of the Workman, the

punishment of dismissal imposed on him is too harsh

and shockingly disproportionate especially since

there is not even an allegation that the misconduct

is/are habitual. Hence, it is held that the action of

the Employer in terminating the services of the

Workman w.e.f. 22-01-2005 is illegal and unjustified.

The Issue No. 5 is therefore answered in the

affirmative.

32. Now the question is with regards to the proved

charges against the concerned Workman whether

any relief could be granted to the concerned

workmen or not.

33. Ld. Adv. Shri M. S. Bandodkar representing

the Employer submitted that the Employer

terminated the services of the Workman on account

of loss of confidence in him and as such the Workman

is not entitled for reinstatement in service. In support

of his oral contention, Ld. Adv. M.S. Bandodkar relied

upon a judgment of Hon’ble High Court of Delhi in

the case of North Delhi, Municipal Corporation V/s.

Jaswant Singh, reported in 2019 III CLR 137. In the

said case, the Hon’ble High Court of Delhi, after

relying upon the judgment State Bank of Travancore

v/s. Prem Singh, reported in 2019 SCC.8258 and other

cases, summarized the Principles and held as under:

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

31. When an employee acts in a manner by

which the management loses confidence in

him, his reinstatement cannot be ordered

because it would neither be desirable nor

expedient to continue the employee in

service. It may also be detrimental to the

discipline or security of the establishment.

In case of loss of confidence, only

compensation can be awarded.

32. The plea of “loss of confidence” by the

employer has to be bonafide. Loss of

confidence cannot be subjective. It has to

rest on some objective facts, which would

induce a reasonable apprehension in the

mind of the management regarding the

trustworthiness of the employee and the

power has to be exercised by the employer

objectively in good faith, which means

honestly with due care and prudence.

Otherwise, a valuable right of reinstatement

to which an employee is ordinarily entitled

to, on a finding that he is not guilty of any

misconduct, will be irretrievably lost to the

employee.

33.

The bonafide opinion formed by the

employer about the suitability of his

employee for the job assigned to him, even

though erroneous, is final and not subject to

review by the industrial adjudication.

34.

In case of misconduct resulting in loss of

confidence, the employer is not bound to hold

any inquiry to visit the employee with penal

action even if such reason happens to be

misconduct of the employee. The employer,

in its discretion, may invoke the power to

discharge simpliciter for loss of confidence

while dispensing with inquiry into the

conduct of the workman. The departmental

inquiry in such a case is not necessary.

35.

The reinstatement of an employee

terminated for loss of confidence cannot be

ordered even if the inquiry held by the

employer has been held to be bad.

36.

The reinstatement of an employee

terminated for loss of confidence for

involvement in a criminal case cannot be

directed even if the employee is able to secure

a acquittal or discharge in the criminal case.

37.

The reinstatement has not been considered

desirable in cases where there have been

strained relationship between employer and

employee. The reinstatement is also denied

when an employee has been found to be

guilty of subversive or prejudicial activities.

The Courts have also denied reinstatement

in cases where long time has lapsed or where

the industry itself has become sick”.

The principle laid down by the Hon’ble High Court

of Delhi in its aforesaid case is applicable to the case

in hand.

34. Section 11-A of the I.D. Act, 1947 empowers

the Labour Court to interfere with the punishment

given by the Employer. In my considered opinion,

although there is a case to interfere with punishment

by the Employer Company, they have lost its

confidence in the Workman as the said Employer

Company being a Government Company in the

defense sector. In my opinion, it is not a fit case to

grant reinstatement and/or back wages.

35. Having regards to the proved charges and

loss of confidence on the part of the Employer

Company, the ends of justice would be met through

grant of some lump sum amount to the concerned

Workman. Accordingly, the Employer company shall

pay a sum of Rs. 5,00,000/- (Rupees five lakhs only) to

the Workman. The said amount shall be paid by the

Employer Company within a month from the

publication of the Award, failing which it shall bears

a simple interest of 9% p.a.

Issue No. 6:

36. The Employer, as and by way of its preliminary

objection, submitted that it is a public limited

company and public sector undertaking and that the

State Government is not the appropriate

Government, that it is a Central Government’s Public

Sector Undertaking and it is in the business of ship

building and ship repairs for Indian Navy and Coast

Guard, that its business is carried out and control

under the authority of Central Government, that it is

under the Administrative control of Ministry of

Defence, Department of Defence Production. The

Employer therefore submitted that the appropriate

Government in its case is Central Government and

not Government of Goa and that the Government of

Goa has no authority and/or jurisdiction to entertain

and refer the present dispute. The burden was cast

upon the Employer.

37. By notification dated 03-07-1998, the

Government of India, Ministry of Labour, New Delhi

informed that in exercise of the powers conferred by

Section 39 of the Industrial Disputes Act, 1947, the

Central Government hereby directs that all the

powers exercised by it under the Act and the rules

made thereunder shall, in relation to all the Central

Public Sector undertakings and their subsidiaries,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

73

corporation and autonomous bodies specified in

schedule annexed to its notification be also exercised

by the State Governments subject to the condition

that the Central Government shall exercise all the

powers under the said Act and Rules made

thereunder as and when it considers necessary to do

so. Thus, the appropriate Government under Section

39 of the Industrial Dispute Act, 1947 have been

delegated to all the State Governments.

Hence, it is held that the Employer has failed to

prove that the present order of reference is bad-in-

law in view of the reasons stated in para 2(a) and 2(b)

of its Written Statement. The Issue No. 6 is therefore

answered in the negative.

In view of above, I pass the following order.

ORDER

1. It is held that the action of M/s. Goa Shipyard

Private Limited, Vasco-da-Gama, Goa in

dismissing its Workman namely, Shri Menino

Estibeiro, Mazdoor, w.e.f. 22-01-2005 is illegal

and unjustified.

2. It is held that the Employer M/s. Goa

Shipyard Private Limited, Vasco-da-Gama,

Goa shall pay to the Workman Shri Menino

Estibeiro a of Rs. 5,00,000/- (Rupees Five

lakhs only) within a period of one month from

the date of publication of the present Award,

failing which it shall carry an interest

9% p.a.

3. Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar)

Presiding Officer,

Labour Court-II.

———uuu———

Department of Official Language

Directorate of Official Language

–––

Order

No. 4/71/2022/DOL/Admn./Upgradation Post/04

The Government of Goa is pleased to upgrade

the post of Assistant Director (Konkani) presently

held by incumbent in Level-7 to Level-10 as Deputy

Director (Official Language), Group ‘A’, Gazetted

w.e.f. 01-03-2023 till the incumbent vacates the post

on attaining superannuation, thereafter, the post of

Assistant Director (Konkani) shall be filled as per

the prevailing Recruitment Rules.

Consequent upon the same, Shri Anil H. Sawant,

Assistant Director (Konkani), the present incumbent

is hereby designated as Deputy Director (Official

Language) from Pay Level-7 to Pay Level-10 in

Directorate of Official Language.

This issues with approval and concurrence of

Finance (Rev. & Cont.) Department vide their U.O.

No. 88759 dated 19-01-2023 and the Council of

Ministers in its XVIIth meeting held on 21-02-2023.

The expenditure for the above post shall be

debited to the Budget Head 2070–Other

Administrative Services, 119–Official Language,

01–Department of Official Language (Non-Plan),

01–Salaries.

This supersedes Order No. 4/71/2022/DOL/

/Admn./Upgradation Post/939 dated 28-02-2023.

By order and in the name of the Governor of

Goa.

Raju V. Gawas, Director (Official Language) &

ex officio Joint Secretary.

Panaji, 3rd April, 2023.

———uuu———

Department of Personnel

–––

Order

No. 15/11/2022-PER/1020

On the recommendation of the Goa Public Service

Commission as conveyed vide its letter No. COM/II/

/12/42(2)/2013/528 dated 20-03-2023, the Governor

of Goa is pleased to declare Shri Laximikant R.

Dessai, Officer in the cadre of Mamlatdar/Joint

Mamlatdar/Vigilance Officer to have satisfactorily

completed his probation period in the cadre/grade

with effect from 16-11-2022.

By order and in the name of the Governor of

Goa.

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

Porvorim, 6th April, 2023.

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

Notification

No. 15/7/2003-PER (Part-I)/985

In accordance with the Recruitment Rules for the cadre of Mamlatdar read with the Goa Departmental

Examination for the Officers in the Cadre of Mamlatdars/Joint Mamlatdars/Assistant Director of Civil

Supplies Rules, notified under Notification No. 15/50/87-PER-Part I dated 12-12-1997 and published in the

Official Gazette, Series I No. 44 dated 29-1-1998, the schedule for the Departmental Examination shall be

as under:-

Date of Examination

Morning Session

Evening Session

Venue

10 a.m. to 1.00 p.m

2.15 p.m. to 5.15 p.m.

27-04-2023

Paper (I)

Paper (II)

Goa Public Service

28-04-2023

Paper (III)

Paper (IV)

Commission,

Panaji-Goa.

05-05-2023

Paper (V)

Paper (VI)

GIPARD, Ella Farm,

(2.00 p.m. to 5.00 p.m.)

Old Goa.

The syllabus for the said examination shall be as per the Goa Departmental Examination for the Officers

in the Cadre of Mamlatdar/Joint Mamlatdar/Assistant Director of Civil Supplies (Second Amendment)

Rules, 2019 notified under Notification No. 15/18/2003-PER (Part-I)/3855 dated 17-12-2019 and published in

the Official Gazette, Series I No. 40 dated 02-01-2020 and the Goa Departmental Examination for the Officers

in the Cadre of Mamlatdar/Joint Mamlatdar/Assistant Director of Civil Supplies (Third Amendment), Rules,

2020 published in the Official Gazette, Series I No. 46 dated 20-02-2020.

The following Officers in the above Cadre shall appear for the examination in paper mentioned against

his name on the above mentioned date, time and venue:

Sr. No.

Name of Officers

Papers

1.

Shri Nathan Leonard Afonso

Paper- I, II, III, IV, V & VI.

2.

Shri Rajesh G. Sakhalkar

Paper- V.

3.

Smt. Apurva D. Karpe

Paper- V.

4.

Shri Rosario Carvalho (ST)

Paper- V & VI.

5.

Smt. Jennifer Fernandes e Arez

Paper- II & III.

6.

Smt. Seema S. S. Gudekar

Paper- I, II, V & VI.

7.

Shri Saiesh S. Naik

Paper- V & VI.

8.

Shri Krishna S. Gauns

Paper- I, V & VI.

9.

Shri Ranjeet R. Salgaonkar

Paper- I & V.

10.

Smt. Janavi Jeetendra Kalekar (ST)

Paper- V.

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

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

Porvorim, 5th April, 2023.

———uuu———

Department of Planning

Directorate of Planning, Statistics & Evaluation

–––

Order

No. DPSE/I/ADMN/Filling-Prom.RA/2022-23/22

On recommendation of the Goa Public Service Commission, as communicated vide their letter No. COM/

/II/11/38(1)/2020/527 dated 20-03-2023, Government is pleased to promote the following Statistical Assistants

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

75

of the Common Statistical Cadre to the post of Research Assistant in Group ‘B’ in the pay scale of Level 6

(35400-112400) as per VIIth Pay Commission with immediate effect.

Sr.

Name of the officials

Present place of posting

Place of posting against the vacant

No.

post/holding additional charge

1

2

3

4

1.

Shri Shivanand S. Alornecar

DPSE, Planning Division,

DPSE, Porvorim-Goa, against the

Porvorim-Goa

vacant post of Shri Chandresh M.

Gaonkar, Research Assistant,

promoted.

2.

Smt. Supriya Henriques

Directorate of Women &

DPSE, Porvorim-Goa, against the

Child Development,

vacant post of Shri Sajjan A.

Panaji-Goa

Fatarpekar, Research Assistant,

promoted.

3.

Smt. Ruth Rodrigues

Office of the Collector,

Office of the Commissioner,

Collectorate South,

Labour and Employment, Panaji-

Margao-Goa

-Goa against the vacant post of

Smt. Deepashri Naik, Research

Assistant, retired and shall hold

additional charge of Research

Assistant at the Office of the

Collector, Collectorate, North Goa

until further orders.

4.

Smt. Sheetal P. Naik

Directorate of Health

Directorate of Fisheries, Panaji-

Services, HIB Section,

-Goa against the vacant post of

Campal, Panaji-Goa

Shri Sudesh Volvoikar, Research

Assistant, retired and shall hold

additional charge of Research

Assistant at Directorate of

Panchayat, Panaji-Goa until

further orders.

1. The Officials at Sr. No. 1, 2 & 3 promoted on regular basis will be on probation for a period of 02 years

from the date of their joining.

2. The Official at Sr. No. 4 will be on officiating basis against the ST vacancy till eligible ST Official is

found by the Department and will not be on probation period.

3. The Officials shall exercise their option to fix pay in terms of F. R. 22(I)(a)(1) within one month from

the date of promotion, if desire/applicable.

4. The Officials above at Sr. No. 3 & 4 shall attend their duties at the office of the Collector, North Goa

and Directorate of Panchayat, Panaji respectively on every Tuesday and Thursday.

5. This issues with the Government approval vide U.O. 358 dated 04-04-2023.

6. The Officials are required to submit a copy of the joining report to this Department for Office record.

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

Vijay B. Saxena, Director & ex officio Jt. Secretary (Planning).

Porvorim, 5th April, 2023.

———uuu———

———uuu———

Department of Power

Office of the Chief Electrical Engineer

–––

Order

No. CEE/Estt-31-25-88/GPSC/Part/4070

On the recommendation of the Departmental Promotion Committee as conveyed by the Goa Public

Service Commission vide letter No. COM/II/11/16(1)/2023/534 dated 27-03-2023, the Government is pleased

to promote the Assistant Engineer (Elect.) at Sr. No. 1 to the post of Executive Engineer (Elect.), Group ‘A’

76

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

Gazetted in the Pay Matrix Level 11 on regular basis

with immediate effect, whereas the officer at Sr. No.

2 is promoted to the post of Executive Engineer

(Elect.), Group ‘A’ Gazetted in the Pay Matrix Level

11 on regular basis w.e.f. 01-04-2023.

The officers are posted at the places shown

below against their names, until further orders.

Sr. Name of the

Place of posting on

No. Officer

promotion

1

2

3

1.

Shri Charles P.

Executive Engineer

Fernandes

(Elect.), Division XVI,

Margao.

1

2

3

2.

Shri Sudan D. S.

Executive Engineer

Kunkolkar

(EHV), O/o the Chief

Electrical Engineer,

Electricity Department,

Panaji.

2. The promotee Officers shall be on probation for

a period of two years. They should exercise an option

for fixation of pay under F.R.-22(1) (a) (i) within one

month from the date of promotion.

3. This issues with the approval of the

Government vide Inward No. 1316 dated 30-03-2023.

By order and in the name of the Governor of

Goa.

Stephen Fernandes, Chief Electrical Engineer &

ex officio Addl. Secretary.

Panaji, 31st March, 2023.

———uuu———

Department of Revenue

–––

Order

No. 30/01/2005-RD-I/4757

The Government of Goa is pleased to designate the following additional officers of the Collectorate of

South Goa District as Public Information Officers/Assistant Public Information Officers and the Appellant

Authority as required under Section 5 of Right to Information Act, 2005, with immediate effect.

Sr.

Name of the Department

Public Information

Assistant Public

First Appellate

No.

Offices/Section

Officer & designation

Information Officer

Authority &

& designation

designation

1

2

3

4

5

1.

Confidential & Vigilance

Superintendent of

UDC (C.A.)

Dy. Collector (DRO).

Section

Establishment Section

2.

Office of Additional

Superintendent of

Jr. Steno of AC-I

Dy. Collector (DRO).

Collector-I, Section

Establishment Section

Section

3.

Office of Additional

Superintendent of

Jr. Steno of AC-II

Dy. Collector South-I.

Collector-II, Section

Establishment Section

Section

4.

Office of Additional

Awal Karkun of Land

Jr. Steno of Land

Dy. Collector South-I

Collector-III, Section

Acquisition Section

Acquisition Section

5.

Establishment Section

Superintendent of

Head Clerk of EST

Dy. Collector (DRO).

(EST)

Establishment Section

Section

6.

Disaster Mangement

Awal Karkun of DMC

UDC of DMC Section

Dy. Collector South-I.

Section (DMC)

Section

7.

Election Section

Awal Karkun of ELN

UDC of ELN Section

Dy. Collector South-I.

(ELN)

Section

8.

MPLAD Section

Accountant

UDC of MPLAD

Assistant Account

Section

Officer.

9.

Magisterial Section

Head Clerk of MAG

UDC of MAG Section

Dy. Collector (DRO).

(MAG)

Section

10.

Land Acquisition (LA)

Awal Karkun of Land

Jr. Steno of Land

Dy. Collector (LA).

Acquisition Section

Acquisition Section

11.

Civil Administration

Head Clerk of CAB

UDC of CAB Section

Dy. Collector (LA).

Section (CAB)

Section

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

77

1

2

3

4

5

12.

Revenue Section

Superintendent of

Head Clerk of

Dy. Collector (REV).

including CRZ matter

Revenue Section

Revenue Section

(REV)

13.

Accounts Section

Accountant

UDC of Accounts

Assistant Accounts

Section

Officer.

14.

DRO Section

Head Clerk of DRO

DEO/Jr. Steno of

Dy. Collector (DRO).

Section

DRO Section

15.

Judicial Section

Mamlatdar in

Jr. Steno of Judicial

Dy. Collector (REV).

Collectorate-II

Section

16.

Conversion Cell

Superintendent of

UDC of C-Cell

Dy. Collector (REV).

Revenue Section

17.

Flying Squard

Field Surveyor of

LDC of Dy. Collector

Dy. Collector South-I.

Dy. Collector South-I

South-I

18.

Office of Additional

Awal Karkun of

Jr. Steno of Additional Additional Collector-III,

Collector-III, Ponda

Additional Collector-III

Collector-III, Section

Ponda.

Section

19.

Office of Dy. Collector &

Awal Karkun

Head Clerk of O/o

Dy. Collector & SDM/

SDO-I, Salcete

SDM-I, Salcete

/SDO-I, Salcete.

20.

Office of Dy. Collector &

Awal Karkun

Upper Division Clerk

Dy. Collector & SDM/

SDO-II, Salcete

of O/o SDM-II, Salcete /SDO-II, Salcete.

21.

Office of Dy. Collector &

Awal Karkun

Head Clerk of O/o

Dy. Collector & SDM/

& Mormugao

SDM, Mormugao

/SDO, Mormugao.

22.

Office of Dy. Collector

Awal Karkun

Head Clerk of O/o

Dy. Collector & SDM/

& Canacona

SDM, Canacona

/SDO, Canacona.

23.

Office of Dy. Collector

Awal Karkun

Head Clerk of O/o

Dy. Collector & SDM/

& Quepem

SDM, Quepem

/SDO, Quepem.

24.

Office of Dy. Collector

Awal Karkun

Head Clerk of O/o

Dy. Collector & SDM/

& Sanguem

SDM, Sanguem

/SDO, Sanguem.

25.

Office of Dy. Collector

Awal Karkun

Head Clerk of O/o

Dy. Collector & SDM/

& Dharbandora

SDM, Dharbandora

/SDO, Dharbandora.

26.

Office of Dy. Collector

Awal Karkun

Head Clerk of O/o

Dy. Collector & SDM/

& Ponda

SDM, Ponda

/SDO, Ponda.

27.

Office of Mamlatdar of

Awal Karkun

Head Clerk of

Mamlatdar of Salcete.

Salcete

Mamlatdar, Salcete

28.

Office of Mamlatdar of

Awal Karkun

Head Clerk of

Mamlatdar of

Mormugao

Mamlatdar, Mormugao Mormugao.

29.

Office of Mamlatdar of

Awal Karkun

Head Clerk of

Mamlatdar of

Canacona

Mamlatdar, Canacona

Canacona.

30.

Office of Mamlatdar of

Awal Karkun

Head Clerk of

Mamlatdar of

Quepem

Mamlatdar, Quepem

Quepem.

31.

Office of Mamlatdar of

Awal Karkun

Head Clerk of

Mamlatdar of

Sanguem

Mamlatdar, Sanguem

Sanguem.

32.

Office of Mamlatdar of

Awal Karkun

Head Clerk of

Mamlatdar of

Dharbandora

Mamlatdar, Dharbandora Dharbandora.

78

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 2

13TH APRIL, 2023

1

2

3

4

5

33.

Office of Mamlatdar of

Awal Karkun

Head Clerk of

Mamlatdar of Ponda.

Ponda

Mamlatdar, Ponda

34.

Office of Administrator

Secretary

Clerk

Administrator of

of Communidade, South

Communidade.

Zone, Margao

The above order supersedes the earlier orders.

Sapna S. N. Bandodkar, Under Secretary (Rev.-II).

Porvorim, 27th March, 2023.

———uuu———

Department of Water Resources

Office of the Chief Engineer

–––

Order

No. 22-1-81/CE-WR/Adm.II/05

Government is pleased to engage the services of Shri Richard D’Souza, Ex-Principal Chief Conservator

of Forest as an Advisor to the Water Resources Department on the subject matter of Forest, Wildlife and

related forest matters for Mhadei River Water Dispute. For the said service rendered, he shall be paid

honorarium of Rs. 10,000/- per sitting for conference with Advocate General and other experts and Rs. 5000/-

as consultancy fees for advice. He shall also be eligible for T.A./D.A. and halting allowances as eligible for

HOD of the Department for outstation engagement.

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

P. B. Badami, Chief Engineer (W. R.) & ex officio Addl. Secretary.

Porvorim, 4th April, 2023.

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