RNI No. GOAENG/2002/6410 Reg. No. RNP/GOA/32/2021-2023SERIES II No. 20 Panaji, 17th August, 2023 (Sravana 26, 1945)
PUBLISHED BY AUTHORITY
Note:- There is one Supplement and one Extraordinary issue to the Official Gazette, Series II No. 19 dated 10-08-2023 as follows:-
(1) Supplement dated 10-08-2023 from pages 471 to 474 regarding Notification from Department of Forests.
(2) Extraordinary dated 16-08-2023 from pages 475 to 478 regarding Circulars from Department of Finance.
GOVERNMENT OF GOA
Department of Animal Husbandry & Veterinary Services
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Order
No. 2/2/79-AH (Part-I)/2023-24/2536
Government is pleased to order the transfer of the following Veterinary Officers in the Directorate of Animal Husbandry & Veterinary Services, with immediate effect and in public interest to the stations as indicated against their names:-
Sr. Name with designation Present place of New place of Budget Head No.
posting posting
1 2 3 4 5
1. Dr. Madhura P. Naik, Veterinary Dispensary, Veterinary Dispensary, Veterinary Dispensary, Veterinary Officer Shiroda, Goa with Shiroda Shiroda
2403—Animal Health,
additional charge of Veterinary Dispensary, 00—, Navelim 102—Cattle & Buffalo
Development, 05—KVS, 01—Salaries.
2. Dr. Anisha Carol Veterinary Hospital, Veterinary Dispensary, Veterinary Dispensary, Pinheiro, Sonsodo Navelim with additional Navelim Veterinary Officer
charge of Veterinary 2403—Animal Health, Hospital, Sonsodo on 00—, Tuesday, Thursday 102—Cattle & Buffalo and Saturday Development,
05—KVS, 01—Salaries.
The Officers shall be entitled for transfer TA/DA as per rule, however if the transferee does not change their place of residence from old station to new, they will not be entitled for transfer TA as per the Rules in force.
The Officers shall join their new place of posting with immediate effect.
By order and in the name of the Governor of Goa.
Dr. Agostinho Misquita, Director & ex officio Jt. Secretary (AH).
Panaji, 10th August, 2023.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 2023Department of Co-operation
Office of the Asstt. Registrar of Co-operative Societies
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Notification
In exercise of the powers vested in me under Section 8 of the Goa Co-operative Societies Act, 2001, "The Omkar Galaxy Residency Co-operative Housing Maintenance Society Limited, Ganesh Nagar, Candola, Marcela, Ponda"-Goa is registered under code symbol No. RCSPZ2023240037.
Pankaj V. Marathe, Asstt. Registrar (Co-operative
Societies), Ponda Zone.
Ponda, 2nd August, 2023.
Certificate of Registration
"The Omkar Galaxy Residency Co-operative Housing Maintenance Society Limited, Ganesh Nagar, Candola, Marcela, Ponda"-Goa has been registered on 02-08-2023 and its bears registration code symbol No. RCSPZ2023240037 and its classified as "Co-operative Housing Society" under sub- -classification "No. 7-(d)-Co-operative Housing Maintenance Society" in terms of Rule 8 of the Goa Co-operative Societies Rules, 2003.
Pankaj V. Marathe, Asstt. Registrar (Co-operative
Societies), Ponda Zone.
Ponda, 2nd August, 2023.
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Notification
In exercise of the powers vested in me under Section 8 of the Goa Co-operative Societies Act, 2001, "Sarthak Nest Co-operative Housing Maintenance Society Ltd., Sarthak Nest, Cottawada, Curti, Ponda-Goa"-Goa is registered under code symbol No. RCSPZ2023240036.
Pankaj V. Marathe, Asstt. Registrar (Co-operative
Societies), Ponda Zone.
Ponda, 2nd August, 2023.
Certificate of Registration
"Sarthak Nest Co-operative Housing Maintenance Society Ltd., Sarthak Nest, Cottawada, Curti, Ponda-Goa"-Goa has been registered on 02-08-2023 and its bears registration code symbol No. RCSPZ2023240036 and its classified as "Co-operative Housing Society " under sub- -classification "No. 7-(d)-Co-operative Housing Maintenance Society" in terms of Rule 8 of the Goa Co-operative Societies Rules, 2003.
Pankaj V. Marathe, Asstt. Registrar (Co-operative
Societies), Ponda Zone.
Ponda, 2nd August, 2023.
Department of Education, Art & Culture
Directorate of Education
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Order
No. 14/13/98-EDN/Part-II/108
On the recommendation of the Goa Public Service Commission as conveyed vide their letter No. COM/II/11/15(3)/2011/137 dated 23-06-2023 Government is pleased to promote Shri Manoj Balkrishna Sawaikar, Assistant Director of Education (Planning), Directorate of Education, Porvorim to the post in the cadre of Deputy Director of Education/Deputy Director of Adult Education/Director, State Institute of Education/ /Principal, District Institute of Education and Training/Deputy Director, Vocational Education (Group 'A' Gazetted) in "Level 12" of the Pay Matrix of VII pay commission + 04 non compounded increments on initial pay [corresponding to PB-3, Rs. 15600-39100 + G.P. Rs. 7600/- (Part "B") + 04 (Four) Non-compounded increments on intial pay] on regular basis under this Directorate with immediate effect.
Since the promotion is from one Group 'A' post to another Group 'A' post, there is no probation period as per the Office Memorandum No. 12/14/ /89-PER (Part) dated 12-08-2014.
He shall give in writing his acceptance/refusal of above promotion to this Directorate within 10 days from the date of issue of this order, failing which, it will be treated as refusal of promotion by the promotee officer and such promotee officer shall be debarred for promotion for a period of one year from the date of refusal of promotion or till next vacancy arises whichever is later, without any further intimation.
He shall exercise option for fixation of pay in terms of F. R. 22(I)(a)(1) within one month from the date of issue of this order.
Consequent upon the above promotion, Shri Manoj B. Sawaikar, Assistant Director of Education is posted as Deputy Director of Education (Planning), Directorate of Education, Porvorim.
Shri Manoj Balkrishna Sawaikar shall draw the salary from the post of Deputy Director of Adult Education and he shall also hold the additional charge of Assistant Director of Education, Goa Samagra Shiksha, Porvorim in addition to his own duties, until further orders.
The above promotion is subject to outcome of Writ Petition No. 976/2018 before Hon'ble High Court of Bombay at Goa.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 2023This issues with the approval of Government vide U. O. No. 3042/F dated 15-07-2023.
By order and in the name of the Governor of Goa.
Shailesh R. Sinai Zingde, Director (Education) & ex officio Joint Secretary.
Porvorim, 11th August, 2023.
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Directorate of Higher Education
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Certificate
No. ACAD III/GC/Filling Asstt Prof./115/2018/ /Part-III/4104
Read: Order No. ACAD III/GC/Filling Asstt Prof./ /115/2018/Part-III/1575 dated 22-05-2023.
Certified that the character and antecedents of Mr. Dipesh Sakharam Harmalkar appointed to the post of Assistant Professor in Chemistry (Organic) (Group 'A' Gazetted) at Government College of Arts, Science & Commerce, Sanquelim under Directorate of Higher Education vide above referred Order has been verified by the Addl. Collector and ADM, North Goa and nothing adverse has been reported against him at concerned Police Station and other Police Stations in Goa.
Avelina D'sa E Pereira, Under Secretary (Higher Education).
Porvorim, 11th August, 2023.
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Goa University –––
Notification
No. GU/ExamDiv/34thCONVO/2023/480
I, the undersigned Prof. V. S. Nadkarni, Registrar, Goa University hereby notify for the information of all concerned that the 34th Annual Convocation of the Goa University will be held on Wednesday, 23rd August, 2023 beginning at 10.00 a. m. at the Durbar Hall, Raj Bhavan, Dona Paula, Goa.
Prof. V. S. Nadkarni, Registrar.
Taleigao, 10th August, 2023.
V. No. AP-528/2023.
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Department of Labour
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Order
No. 24/15/2013-Lab-ESI/545
Ref.: Government Order No. 24/15/2013-Lab-ESI/509 dated 23-09-2022.
Government is pleased to re-constitute the Hospital Development Committee comprising of the following members for improving the overall functioning of the E. S. I. Hospital and its attached Dispensaries:
1. Dr. Sangam Nadkarni, Insurance Medical Officer, — Chairman.
E.S.I. Hospital, Margao-Goa
2. Dr. Vibhav N. Gude, Senior Physician, E.S.I. Hospital, — Convener.
Margao-Goa
3. Shri Loyola Rodrigues, President, Margao Industrial — (i) Employer's Representative.
Estate, Small Scale Industries Association
4. Shri Gaurish Dhond, President of Goa Hotel and — (ii) Employer's Representative.
Restaurant Association
5. Shri Prasanna Utagi, President, AITUC, Goa State — (i) Employee's Representative.
Committee
6. Shri Ankush Bagkar, General Secretary, Goa — (ii) Employee's Representative.
Raj Mahasangh, G-5, Machado Appts., Ponda
7. Office Superintendent — Staff Representative.
8. Deputy Labour Commissioner — Representative of State Labour Department.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 20239. Mr. Pradip De Costa, Executive Committee Member, — Local Member from ESI/Regional
Goa State Industries Association
Board.
10. Manager, Branch Office — E. S. I. Corporation, Margao.
The Committee shall meet once in every two months.
By order and in the name of the Governor of Goa.
Vivek Naik, Under Secretary (Labour).
Porvorim, 9th August, 2023.
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Notification
No. 28/02/2023-LAB/Part-II/536
The following Award passed by the Industrial Tribunal and Labour Court, at Panaji-Goa on 26-07-2023 in Ref. No. IT/13/2021 is hereby published as required under Section 17 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947).
By order and in the name of the Governor of
Goa.
Vivek Naik, Under Secretary (Labour).
Porvorim, 4th August, 2023.
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IN THE INDUSTRIAL TRIBUNAL AND LABOUR COURT GOVERNMENT OF GOA AT PANAJI
(Before Mr. Anil Scaria, Hon'ble Presiding Officer)
Ref. No. IT/13/2021
Workmen, Rep. by Goa Union of Industrial Workers, S-I, 2nd floor, Anirudha Plaza, Shantinagar, Ponda-Goa .... Workmen/Party-I.
V/s
The Managing Director, M/s. Muktar Automobiles Pvt. Ltd., Plot No. L-128, Phase III-B, Verna Industrial Estate, Verna-Goa .... Employer/Party-II.
Workmen/Party I represented by Learned Advocate Shri Hrudaynath Shirodkar.
Employer/Party II represented by None, proceeding Ex-parte.
AWARD
(Delivered on this the 26th day of the month of July of the year 2023)
By Order dated 25-06-2021, bearing No. 28/09/ /2021-LAB/294, the Government of Goa in exercise of powers conferred by Section 10(1)(d) of the Industrial Disputes Act, 1947, has referred the following dispute to this Tribunal for adjudication.
"(1) Whether the action of the Management of M/s. Muktar Automobiles Private Limited, Plot No. I-128, Phase III-B, Verna Industrial Estate, Verna-Goa in deducting wages of the workmen from April 2020 to November 2020, as shown in Annexure hereto, is legal and justified?
(2) If answer to issue No. (1) is in negative, what
relief the workmen are entitled to?"
2. The Annexure to the reference is made an
Annexure to this Award.
3. Notices were issued to the Parties. The Party I/ /Workmen appeared and filed their Claim Statement. Party II/Employer failed to attend and have been placed ex-parte.
4. The case of Workmen/Party I is that they were working for the Employer/Party II for many years. That their wages have not been revised. That their condition of service were not streamlined. That they were not paid bonus for many years. That the Employer/Party II was not willing to listen to the grievance of the workmen/Party I. That the workmen, therefore, joined the "Goa Union of Industrial Workers" (Party I) on 07-06-2020. That the workmen/ /Party I informed the Employer/Party II regarding the same by letter dated 12-06-2020. That the Employer/ /Party II started harassing the members of the Union. That, some of the instances of harassment are as follows:-
"a. From 22-06-2020 the President of the local/ /works Committee Shri Yogesh Soundalkar was refused employment without any notice and/or communication.
b. The union members were called to the Cabin of the General Manager and were threatened of dire consequences if the member did not resign from the Union and some of the workers who were members of the Union signed on some undertaking and they were retained in the workshop and those who refused to sign the undertaking OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 2023 the contents of which were never shown to the workers were transferred to Pillarn workshop.
c. Those who could not be transferred were called for work on alternate dates and those who are not in union were called on all days and this act of the Management amounts to unfair labour practices.
d. Some of the workers from the Union were told not to join duty for 8 days without any letters and their wages has been deducted, specially the Office bearers of the Union.
e. Even 56 years old Yamini Naik was initially transferred to Pillarn workshop and to join duty she had to change 3 buses every day and now her services are terminated along with other Union member Nitesh Andhare. It is pertinent to note that the termination was done without any enquiry in arbitrary manner.
f. HR Executive even called the family members of the workers and started threatening them that the workers would loose their job if they do not resign from the Union, which was stopped upon the intervention of the Dy. Labour Commissioner, Margao.
g. All these acts amounts to harassment and
all these acts have been put forth before the Management and even the Union had asked for a joint meeting which never took place.
5. That after doing all these acts, the Employer/ /Party II instigated the workers to go on strike. That on 24-10-2020, the Employer/Party II notified the workmen that there shall be a change in utilization of manpower. That this was done illegally and without following the due process of law. That 14 members of the Union were told not to report for duty w.e.f. 26-10-2020. That none of the persons who were not members of the Union were asked to stay off duty. That the Union (Party I) held an urgent meeting on 26-10-2020. That all the members of the Union (Party I) decided to go on strike against the harassment of the members of the Union. That the Union issued a Notice of Indefinite Strike from 11-11-2020, if the Employer (Party II) fails to fulfill the following demands:-
(1) Revoke the Notice dated 24-10-2020.
(2) Revoke the Termination Letter issued to
Yamini Naik and Nitesh Andhare.
(3) Immediately stop harassment of the members
of the Union.
(4) Pay full wages to the workers who are paid deducted wages, especially to Ritesh Methar and Viraj Naik.
(5) Immediately stop suppressing Union activities.
6. That upon receipt of Notice of Strike, the Dy. Labour Commissioner (Conciliation Officer) called for a meeting to find an amicable solution. That the conciliation proceedings ended in failure. That during discussion, the Conciliation Officer clarified that the following disputes cannot be construed as industrial disputes:-
(a) Revoke the Notice dated 24-10-2020.
(b) Immediately stop harassment of Union Members.
(c) Immediately stop suppressing Union activities.
7. Since terminated workers Ms. Yamini Naik and Nitesh Andhare filed disputes before the Labour Court under Section 2A of the Industrial Disputes Act, 1947, the demand for revocation of termination letter issued to Yamini Naik and Nitesh Andhare were also dropped. That the only demand which was pursued was the illegal deduction of the wages of 41 workmen for the period from April 2020 to November 2020 and the same were referred as an industrial dispute. (The said deductions are shown in an Annexure to this Award). That the workers were paid deducted wages without any intimation to the workers about any manpower rearrangements nor was any notice issued to them. Therefore it is prayed that an award be passed directing Party II to pay the 41 workers the deducted wages together with interest at the rate of 18% per annum and for costs and any other relief.
8. The case has proceeded ex-parte against Party II.
9. The Ld. Advocate for Party I has filed his written
arguments.
10. The following point arises for my determination
and my finding thereon is as follows:-
Sr. No. Point of determination Finding
(i) Does Party I prove that Partly in the
Party II has to pay the affirmative. 41 workers the deducted wages together with interest at the rate of 18% per annum?
REASON
11. Point No. (i):- The case of Party I is that Party II has to pay the 41 workers the deducted wages together with interest at the rate of 18% per annum.
12. Party I has examined Shri Ritesh Ramesh Methar as Witness No. 1 for Party I. He is the President of the local committee of Party I (Goa Union of Industrial Workers).
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 202313. Witness No. 1 for Party I deposes that the members of Party I were working for Party II for many years. He deposes that their wages were not revised and their condition of service not streamlined. He deposes that the workers were not paid their bonus for many years. He deposes that Party II was not willing to listen to the grievance of the workmen. He deposes that the workmen therefore, joined the "Goa Union of Industrial Workers" (Party I). He deposes that Party I informed Party II regarding the same by letter dated 12-06-2020. He deposes that Party II started harassing the member of Party I. He deposes that some of the instances of harassment are as follows:-
a. From 22-06-2020, he was refused employment
without any notice and/or communication.
b. The Union members were called in the cabin of the General Manager and were threatened of dire consequences if the member did not resign from the union some of the workers who were members of the union signed on some undertaking and they were retained in the workshop and those who refused to sign the undertaking the contents of which were never shown to the workers were transferred to Pillarn workshop.
c. Those who could not be transferred were called for work on alternate dates and those who are not in Union were called on all days and this act of the management amounts to unfair labour practices.
d. Some of the workers from the Union were told not to join duty for 8 days without any letters and their wages has been deducted specially the Office bearers of the Union.
e. Even 56 years old Yamini Naik was initially transferred to Pillarn workshop and to join duty she had to change 3 buses every day and now her services are terminated along with other Union member Nitesh Andhare. It is pertinent to note that the termination was done without any enquiry in arbitrary manner.
f. HR Executive even called the family members of the workers and started threatening them that the workers would lose their job if they do not resign from the Union, which was stopped upon the intervention of the Dy. Labour Commissioner, Margao.
g. All these acts amounts to harassment and all these facts have been put forth before the management and even union has asked for the joint meeting which never took place.
14. He further deposes that after doing all these
things Party II instigated the workers to go on strike.
He deposes that all these facts were brought to the
notice of Party II by a protest letter dated 26-08-2020.
He deposes that even after the receipt of the protest
letter, Party II continued to harass the members of
Party I. He deposes that by notice dated 24-10-2020
Party II notified that there shall be a change in
utilization of manpower. He deposes that in that
notice Party II did not mention how it proposes to
utilize the workforce. He deposes that 14 members of
the Union (Party I) were told not to report for duty
w.e.f. 26-10-2020. He deposes that none of the non- members were told to stay off duty. He deposes that, therefore an urgent meeting was held on 26-10-2022 and the members of the Union (Party I) decided to go on strike. He deposes that Party I issued a notice of Indefinite Strike from 11-11-2020 if the management fails to fulfill the following demands:-
a) Revoke notice dated 24-10-2020.
b) Revoke the termination letter issued to
Yamani Naik and Nitesh Andhare.
c) Immediately stop harassment of the members
of the Union.
d) Pay full wages to the workers who were paid deducted wage, especially to Ritesh Methar and Viraj Naik.
e) Immediately stop suppressing Union activities.
15. He deposes that upon receipt of notice of strike, the Dy. Labour Commissioner called for a meeting to find an amicable solution. He deposes that the conciliation ended in failure. He deposes that the Conciliation Officer clarified that the following demands cannot be construed as an industrial dispute and therefore they were dropped:-
a) Revoke notice dated 24-10-2020.
b) Immediately stop harassment of member of
the Union.
c) Immediately stop suppressing union activities.
16. He further deposes that as the terminated
workers Miss Yamani Naik and Shri Nitesh Andhare
filed disputes before the Labour Court under Section
2A of the Industrial Disputes Act, 1947, the demand
of revocation of Termination Letter issued to them
were also dropped. He deposes that the only demand which was pursued was illegal deduction of wage of 41 workmen from April 2020 to November 2020. He deposes that this dispute was referred as an industrial dispute.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 202317. He deposes that the workers were paid deducted wages without any intimation to the workers about manpower rearrangement. He deposes that the workers were allowed to work/or refused employment on day to day basis as per the whims and fancies of Party II. He deposes that the action of Party II in deducting the wages of the workmen from April 2020 to November 2020 as shown in the Annexure is illegal and unjustified.
18. Copy of the letter dated 12-08-2020 by the President of Party I to the Managing Director of Party II is at Exhibit 10. Copy of letter dated 28-08-2020 addressed to Managing Director of Party II is at Exhibit 11. Copy of letter dated 26-10-2020 sent by the President of Goa Union of Industrial Workers to the Managing Director of Party II together with notice posted on the notice board is at Exhibit 12 Colly. Copy of letter dated 14-12-2020 sent by the President of Party I to the Dy. Labour Commissioner together with Statement of Salary Deduction for the months of April-November, 2020 is at Exhibit 15 Colly. Copy of letter dated 03-07-2020 from the President of Party I to the Managing Director of Party II is at Exhibit 21.
19. The evidence adduced by Witness No. 1 of Party I has gone unchallenged. Therefore, Party I has proved its case. Therefore, Party II has to pay the 41 workers the deducted wages. But there is no reason to grant interest on the deducted wages. Therefore, Party I has proved that Party II has to pay the 41 workers the deducted wages as per the Annexure to this Award. Nevertheless, Party I has failed to prove that the 41 workers are entitled to any interest. Hence, I hold point of determination No. (i) partly in the affirmative.
Hence I pass the following:-
ORDER
(i) Party II is directed to pay the 41 workers the deducted wages as per the annexure to this Award.
(ii) No orders as to costs.
(iii) Inform Government accordingly.
Sd/-
(Anil Scaria) Presiding Officer, Industrial Tribunal & Labour Court.
——— ANNEXURE
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 2023Sd/- (Anil Scaria) Presiding Officer, Industrial Tribunal & Labour Court.
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Notification
No. 28/02/2023-LAB/Part-II/537
The following Award passed by the Industrial Tribunal and Labour Court, at Panaji-Goa on 26-07-2023 in Ref. No. IT/18/2021 is hereby published as required under Section 17 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947).
By order and in the name of the Governor of
Goa.
Vivek Naik, Under Secretary (Labour).
Porvorim, 4th August, 2023.
———
IN THE INDUSTRIAL TRIBUNAL AND LABOUR COURT GOVERNMENT OF GOA AT PANAJI
(Before Mr. Anil Scaria, Hon'ble Presiding Officer)
Ref. No. IT/18/2021
Workmen, Rep. by Goa Union of Industrial Workers, S-I, 2nd floor, Anirudha Plaza, Shantinagar, Ponda-Goa .... Workmen/Party-I.
V/s
The Managing Director, M/s. Muktar Automobiles Pvt. Ltd., Plot No. L-128, Phase III-B, Verna Industrial Estate, Verna-Goa .... Employer/Party-II.
Workmen/Party I represented by Learned Advocate Shri Hrudaynath Shirodkar.
Employer/Party II represented by None, proceeding Ex-parte.
AWARD
(Delivered on this the 26th day of the month of July of the year 2023)
By Order dated 14-10-2021, bearing No. 28/31/ /2021-LAB/507, the Government of Goa in exercise of powers conferred by Section 10(1)(d) of the Industrial Disputes Act, 1947, has referred the following dispute to this Tribunal for adjudication.
"(1) Whether the shifting of workshop of M/s. Muktar Automobiles Private Limited, Plot No. B-2, B-3, Phase 1A, Verna Industrial Estate, Verna-Goa to Pilerne Industrial Estate, with effect from 01-02-2021, amounts to closure of Establishments?
(2) If answer to issue No. (1) is in negative, what
relief the workmen are entitled to?
(3) Whether the action of the Management of M/s. Muktar Automobiles Private Limited, Plot No. I-128, Phase III-B, Verna Industrial Estate, Verna- Goa in transferring the workmen as shown in Annexure, who are on the roll of the Company to Pilerne Industrial Estate Workshop, with effect from 01-02-2021, is legal an justifies?
(4) If answer to issue No. (3) is in negative, then
what relief the workmen are entitled to?" OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 2023 2. The Annexure to the above mentioned Order is
being made an Annexure to this Award.
3. Party I has filed its Statement of Claim. Party II has not filed its Written Statement. The case is proceeding ex-parte against Party II.
4. The case of Party I is that Party II had not revised the wages of its workmen. That their conditions of service was not streamlined. That the workmen were not paid their bonus for many years. That the grievances of the workmen remained unheard. That some of the workmen resigned. That the workmen, therefore, joined the "Goa Union of Industrial Workers" on 07-06-2020. That, thereafter, Party II started harassing the members of the Union. That some of the harassment and unfair labour practices of Party II are as follows:-
"a. From 22-06-2020 the President of the local/ works Committee Shri Yogesh Soundalkar was refused employment without any notice and/or communication.
b. The Union members were called in the Cabin of the General Manager and were threatened of dire consequences if the member did not resign from the Union and some of the workers who were members of the Union signed on some undertaking and they were retained in the workshop and those who refused to sign the undertaking the contents of which were never shown to the workers were transferred to Pilerne workshop.
c. Those who could not be transferred were called for work on alternate dates and those who are not in the union were called on all days.
d. Some of the workers from the Union were told not to join duty for 8 days without any letters and their wages has been deducted.
e. 56 years old Yamini Naik was initially transferred to Pilerne workshop and to join duty she had to change 3 buses every day to go for work and now her services are terminated along with another Union member Nitesh Andhare. It is pertinent to note that the termination was done without any enquiry in an arbitrary manner.
f. HR Executive even called the family members of the workers and started threatening them that the workers would loose their job if they do not resign from the Union, which was stopped upon the intervention of the Dy. Labour Commissioner, Margao.
g. All these acts amounts to harassment and all these facts have been put forth before the Management and even Union had asked for the joint meeting which never took place.
4. That after doing all these acts, the Employer/ /Party II instigated the workers to go on strike. That the workers addressed all these facts to Party II by their Protest Letter dated 26-08-2020. That the Management did not change their attitude towards the members of the Union. That by Notice dated 26-08-2020, Party II stated that there would be a change in utilization of manpower. That by this Notice, Party II did not mention as to how Party II would utilize the manpower. That, 14 members of the Union were told not to report for duty from 26-10-2020. That the workmen who were not members of the Union were never told to stay off duty. That an urgent meeting of the Union (Party I) was held on 26-10-2020 at Verna and the Members of the Union (Party I) decided to go on strike to protest against such harassment. That the Union (Party I) issued a notice of indefinite strike from 11-11-2020 if Party II did not fulfill the following demands:-
(1) Revoke the Notice dated 24-10-2020.
(2) Revoke the Termination Letter issued to
Yamini Naik and Nitesh Andhare.
(3) Immediately stop harassment of the
members of the Union.
(4) Pay full wages to the workers who are paid deducted wages, especially to Ritesh Methar and Viraj Naik.
(5) Immediately stop suppressing Union
activities.
5. That upon receipt of Notice of Strike, the Dy. Labour Commissioner (Conciliation Officer) called for a meeting to find an amicable solution. That the conciliation proceedings ended in failure as Party II did not attend. That during discussion, the Conciliation Officer clarified that the following disputes cannot be construed as industrial disputes:-
(a) Revoke the Notice dated 24-10-2020.
(b) Immediately stop harassment of Union Members.
(c) Immediately stop suppressing Union activities.
6. That, thereafter these demands were dropped. That Yamini Naik and Nitesh Andhare had filed cases under Section 2A of the Industrial Disputes Act, 1947. That the demand for revocation of their letters of termination was also dropped. That the only demand that was pursued was the illegal deduction of wages of the workmen for the period from April, 2020 to November, 2020. That, the said dispute was referred OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 2023 Verna to Pilerne w.e.f. 01-02-2021 amounts to closure of establishment?
(ii) Whether the transfer of In the
the workmen shown in negative. the annexure, to the Workshop at Pilerne w.e.f. 01-02-2021 is legal and justified?
(iii) What relief? As per final
order.
REASONS
10. Points No. (i) and (ii):- The case of Party I is that the shifting of the workshop of Party II from Verna to Pilerne with effect from 01-02-2021 amounts to closure of establishment. The case of Party I is that the action of Party II in transferring the workmen from Verna to Pilerne with effect from 01-02-2021 is not legal and justified.
to this Tribunal and is registered as IT/13/2021. That after the expiry of 7 days from the conclusion of conciliation proceedings, the Union (Party I) went on strike. That, the strike started on 29-12-2020. That Party II without filing a complaint used to use the police to harass the striking workers. That Police Officer used to call the Committee of the Union to the Police Station and threaten them with dire consequences. That Party I filed a complaint dated 02-02-2021 against the police personnel (PSI Prashant Bhagat attached to the Maina-Curtorim Police Station). That in the meanwhile, Party II issued notice dated 30-11-2020 declaring the strike illegal. That Party I (Union) replied to the notice by its representation dated 06-01-2021 informing Party II that the strike is legal and that the principle of "no work no pay" does not apply. That by notice dated 14-01-2021, Party II shifted the entire operation from Verna to Pilerne w.e.f 01-02-2021. That this was done without issuing notice under section 9A of the Industrial Disputes Act, 1947. That the Union (Party I) sent reply dated 19-01-2021. That by this reply the Union (Party I) informed Party II that notice dated 14-01-2021 is illegal and arbitrary. That the Union (Party I) informed Party II about its strong objection to the deemed closure of the Verna Workshop and demanded the revocation of the said notice dated 14-01-2021 with immediate effect. That the management continued their harassment and started issuing letters asking the striking workers to join their duties failing which action would be taken against them. That on 26-03-2021 the Union (Party I) withdrew the strike and decided to join duties. That as such they went to Pilerne workshop with joining letters. That the workers were again refused employment. That Party I approached the Labour Commissioner to intervene in the matter. Notices were served on Party II, but Party II did not attend the conciliation proceedings. That the conciliation ended in failure. Therefore it is prayed that Party II be directed to reinstate the workers to their service at Verna Workshop and/or to pay compensation to the 41 workers for illegal closure of establishment and illegal transfer of workmen from Verna Workshop to Pilerne workshop and for costs.
7. As seen above, Party II did not file its Written Statement. The case is proceeding ex-parte against Party II.
8. The Ld. Advocate for Party I has filed his written
arguments.
9. The following points arise for my determination
and my findings thereon are as follows:-
Sr. No. Points of determination Findings
(i) Whether the shifting of the In the
11. Party I has examined Ritesh Ramesh Methar as Witness I for Party I. He is the President of the Local Committee of Goa Union of Industrial Workers. He deposes that the workers of Party II joined the "Goa Union of Industrial Workers" on 07-06-2020. He deposes that this fact was intimated to Party II by letter dated 12-06-2020. He deposes that the wages of the workers were not revised for many years and their conditions of service were not streamlined. He deposes that the workers were not paid bonus for many years. He deposes that the difficulties faced by the workmen were brought to the notice of Party II but their grievances remained unheard. He deposes that some of the workmen resigned and some others wanted to resign. He deposes that Party II started harassing the members of the Union. He deposes that a representation to that effect was addressed to Party II, but the attitude of the management did not change. He deposes that Party II instigated the workmen to go on strike. He deposes that on 24-10-2020, Party II notified that there shall be a change in utilization of manpower. He deposes that 14 members of the Union (Party I) were told not to report for duty. He deposes that the workmen who were not members of the Union were not told to stay off duty. He deposes that the Union held an urgent meeting on 26-10-2020 at Verna and decided to go on strike against the harassment. He deposes that, in accordance with law, the Union issued a notice of indefinite strike from 11-11-2020 with demands as stated in the strike notice. He deposes that upon receipt of the strike notice, the Dy. Labour workshop of Party II from affirmative.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 2023Commissioner, Margao, issued notice dated
23-11-2020 to the Employer and the workmen fixing
a meeting on 01-12-2020. He deposes that Party II did
not attend the conciliation meeting and the
conciliation proceedings ended in failure on
21-12-2020. He deposes that as the non-cooperation
and harassment of Party II did not end, the Union had
no other option but to go on strike w.e.f. 29-12-2020.
He deposes that Party II issued notice dated
14-01-2021 and transferred the entire operations from
Verna to Pilerne w.e.f. 01-02-2021. He deposes that
Party II issued letters asking the workers to join duties.
He deposes that on 26-03-2021, the Union withdrew
the strike and decided to join duties. He deposes that
when the workers went to the Pilerne Workshop, they
were again refused employment. He deposes that by
letter dated 19-01-2021, the Union requested Party II
to withdraw notice dated 14-01-2021 transferring
operations to Pilerne. He deposes that Party II did
not respond to the request and the Union had to
approach the Dy. Labour Commissioner to intervene in the matter. He deposes that Party II did not attend the conciliation proceeding which ended in failure. He deposes that shifting the entire operations from Verna to Pilerne amounts to closure of establishment.
12. A police complaint dated 08-02-2021 by Party II
against its workmen is at Exh. 11 Colly. A complaint
by the Goa Union of Industrial Workers to the
Superintendent of Police, South Goa, Margao is at
Exh.12. A copy of letter dated 06-01-2021 addressed
to the Joint Managing Director of Party II by the
President of the Goa Union of Industrial Workers
together with copies of postal receipts are at Exh. 13
Colly. Copy of notice dated 14-01-2021 sent by the
Joint Managing Director of Party II is at Exh. 14. Copy
of letter dated 19-01-2021 by the President of the Goa
Union of Industrial Workers to the Joint Managing
Director of Party II is at Exh. 15. Joining Letter dated
26-11-2021 to Joint Managing Director of Party II is at
Exh. 16. The letter dated 25-01-2021 to the Dy. Labour
Commissioner by the President of the Goa Union of
Industrial Workers together with postal receipts are
at Exh. 17 Colly. Letter dated 01-04-2021 addressed
to the Labour Commissioner by the President of the
Goa Union of Industrial Workers is at Exh. 18. Minutes
of conciliation proceeding dated 05-04-2021 is at Exh. 19. Failure Report of the conciliation proceedings
dated 22-06-2021 is at Exh. 20.
13. Witness I for Party I has not been cross-examined.
Party II is ex-parte. The evidence of Party I has gone
unchallenged. Therefore, Party I has proved that
shifting the workshop from Verna to Pilerne with
effect from 01-02-2021 amounts to closure of
establishment. Party I has proved that the transfer of
the workmen shown in the annexure to the Workshop
at Pilerne w.e.f. 01-02-2021 is not legal and justified.
Hence, I hold point of determination No. (i) in the
affirmative and point of determination No. (ii) in the
negative.
14. Point No. (iii):- Party II has closed down its
establishment at Verna and has deprived the
workmen of their employment therein.
15. Party I has prayed that Party II be directed to
reinstate the 41 workers back to their service at
Verna Workshop and/or pay them compensation for
the illegal closure of the establishment and illegal
transfer of the workmen from Verna Workshop to
Pilerne Workshop.
16. Reinstatement would be a better remedy than
payment of compensation.
17. Party II has claimed relief for 41 workmen. But
the Government has referred the cases of only 33
workmen to this Tribunal. So relief can be granted
only to the said 33 workmen. Point of determination
No. (iii) is decided accordingly.
Hence, I pass the following:-
ORDER
(i) Par ty II is directed to re-instate the 33
workmen shown in the Annexure to this
Award, in the Workshop of Party II at Plots B-2
and B-3, Phase IA, Verna Industrial Estate,
Verna-Goa.
(ii) No orders as to costs.
(iii) Inform the Government accordingly.
Sd/- (Anil Scaria) Presiding Officer, Industrial Tribunal Labour Court.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 2023ANNEXURE
Sd/- (Anil Scaria) Presiding Officer, Industrial Tribunal Labour Court.
——————
Department of Personnel
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Order
No. 22/10/2018-PER/3339
The Governor of Goa is pleased to transfer and post the following IPS and GPS Officer with immediate effect:-
Sr. No. Name of the officer and posting
Posted as
1. Shri Akshat Kaushal, IPS, Superintendent Superintendent of Police (Traffic) and of Police (ANC), also holding the charge of shall hold the additional charge of Superintendent of Police (Cyber Crime); Superintendent of Police (Cyber Crime). Commandant 1st, 2nd and 3rd IRBn and PRO
2. Shri Bossuet D'Silva, Superintendent Superintendent of Police (ANC) and shall of Police (Traffic)
hold the additional charge of Commandant 1st, 2nd and 3rd IRBn and PRO.
By order and in the name of the Governor of Goa.
Nathine S. Araujo, Under Secretary (Personnel-II).
Porvorim, 9th August, 2023.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 2023Order
No. 7/27/2022-PER/3340
Ms. Ankita Mishra, IAS (AGMUT: 2018), is posted as Chief Executive Officer, Entertainment Society of Goa, with immediate effect.
By order and in the name of the Governor of
Goa.
Eshant V. Sawant, Under Secretary (Personnel-I).
Porvorim, 9th August, 2023.
————
Order
No. 5/2/2023-PER/3355
Read: Memorandum No. 5/2/2023-PER dated
20-04-2023.
On the recommendation of the Goa Public
Service Commission as conveyed vide their letter
No. COM/I/5/42(2)/2022/455 dated 25-01-2023, the
Governor of Goa is pleased to appoint the following
candidates as Junior Scale Officers of Goa Civil
Service (Group "A" Gazetted) in Level 10 of the
CCS (Revised Pay) Rules, 2016 with immediate
effect:-
1) Shri Mrunal Sidharth Marathe.
2) Shri Vipul Raghoba Naik Gaonkar.
3) Ms. Sanjana Dipak Bandekar.
4) Ms. Nadia Ashraf Ali Shekoli.
5) Shri Safal Krishna Shetye.
6) Shri Sanket Sandip Sakhardande.
7) Shri Manthan Manoj Naik.
8) Shri Sairaj Dattaram Phadte.
9) Shri Amit Nagesh Sawant.
10) Shri Ratnakant Dinraj Govenkar.
11) Shri Agnelo Levlino D'souza.
12) Shri Manthan Manish Naik.
13) Shri Kaushik Dattaguru Amonkar.
14) Shri Pandurang Digambar Gad (OBC).
15) Shri Nehal Gajanan Talaunekar (OBC).
16) Shri Pratik Pandurang Porob (OBC).
17) Shri Bhimnath Purushottam Khorjuvekar (OBC).
18) Shri Jayesh Brahmanand Mayenkar (ST).
19) Shri Ganraj Mahadev Morajkar (SC).
20) Shri Lyndon Provanlee Cardoso (PwD).
2. The above candidates have been declared medically fit by the Medical Board. Their character and antecedents have been verified.
3. The above candidates shall be on probation for a period of two years with effect from their date of joining during which they shall undergo a departmental training and shall have to pass the Departmental Examination prescribed under the rules.
4. The pay and allowances of the above candidates shall be debited to the Budget Head controlled by the concerned Department wherever they are posted from time to time, or as per specific orders issued by Personnel Department.
5. The above candidates shall join their duties in the Personnel Department, within a period of fifteen days from the date of receipt of this order.
By order and in the name of the Governor of
Goa.
Eshant V. Sawant, Under Secretary (Personnel-I).
Porvorim, 10th August, 2023.
————
Order
No. 6/5/2023-PER/3371
Shri Rohit Kadam, Director of Archives, shall hold the charge of Officer on special duty at Entertainment Society of Goa, in addition to his own duties, with immediate effect.
This issues on the recommendation of the Goa
Services Board.
By order and in the name of the Governor of
Goa.
Eshant V. Sawant, Under Secretary (Personnel-I).
Porvorim, 11th August, 2023.
——————
Department of Public Health
–––
Order
No. 44/10/2017-I/PHD/1134
Read: Order No. 44/10/2017-I/PHD/847 dated
12-06-2023.
The Government order dated 12-06-2023 read in
preamble stands withdrawn.
By order and in the name of the Governor of
Goa.
Gautami Parmekar, Under Secretary (Health-II).
Porvorim, 11th August, 2023.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 2023Order
No. 2/29/2023-II/PHD/1219
Government is pleased to accept the notice of voluntary retirement dated 09-01-2023 tendered by Dr. Uttom Kamble, Assistant Lecturer, Department of Anatomy, Goa Medical College on completion of 19 years 8 months of qualifying service in terms of Rule 48-A of CCS (Pension) Rules, 1972 and as per the provisions of O. M. No. 12/1/89/Fin(R&C) dated 29-11-1989 and is permitted to retire from service voluntarily with effect from 08-04-2023 (a.n.).
By order and in the name of the Governor of
Goa.
Trupti B. Manerkar, Under Secretary (Health).
Porvorim, 9th August, 2023.
——————
Department of Public Works
Office of the Principal Chief Engineer –––
Order
No. 50/01/2023/PCE-PWD-ADM-II/75
Ex-post facto approval of the Government is hereby conveyed for extension of Deputation period in respect of Shri Shrivallabh R. Pai, Executive Engineer of this Department, presently posted in District Rural Development Agency (DRDA-North), Panaji-Goa for a period of one year from 10-05-2023 to 09-05-2024 on the same terms and condition contained in O. M. No. 13/1/2016-PER/1494 dated 27-05-2019 of the Department of Personnel, Government of Goa, Secretariat, Porvorim as amended from time to time.
By order and in the name of the Governor of
Goa.
Uttam P. Parsekar, Principal Chief Engineer (PWD)
& ex officio Additional Secretary.
Panaji, 9th August, 2023.
——————
Department of Revenue
–––
Notification
No. 24/2/87-RD(Part)/5180
In exercise of the powers conferred by Section 3 of the Goa Public Premises (Eviction of Unauthorised Occupants) Act, 1988 (Goa Act 22 of 1988) (hereinafter called the "said Act"), and in partial modification of the Government Notification No. 24/ /2/87-RD dated 05-12-1997, published in the Official Gazette, Series II No. 3 dated 15-04-2004 and in supersession of the Government Notification No. 24/ /2/87-RD(Part)/604 dated 20-07-2020, published in the Official Gazette, Series II No. 18 dated 30-07-2020, the Government of Goa hereby appoints the Administrative-cum-Accounts Officer of Corporation of the City of Panaji, to be Estate Officer for the purposes of the said Act, in respect of public premises controlled by the Corporation of the City of Panaji.
By order and in the name of the Governor of
Goa.
Raghuraj A. Faldesai, Under Secretary (Revenue-II).
Porvorim, 7th August, 2023.
——————
Department of Town & Country Planning
Office of the Chief Town Planner (Admn./Planning)
–––
NOtification
No. 36/1/TCP/493/2023/2451
Whereas, the Goa Town and Country Planning Board in its 183rd meeting held on 11-08-2022 recommended to the Government to prepare a Zoning Plan for whole of the Pernem Taluka;
And whereas, the Government agreed the said recommendation of the Goa Town and Country Planning Board and in terms of sub-section (1) of Section 17D of the Goa Town and Country Planning Act, 1974 (Act 21 of 1975) (hereinafter referred to as the "said Act"), the Government directed the Chief Town Planner (Planning) to prepare a Zoning Plan for whole of the Pernem Taluka;
And whereas, in furtherance of the said direction, the Chief Town Planner (Planning) after inviting request for proposal from the empanelled consultants for preparation of "GIS based Zoning Plan for Pernem Taluka" and with the approval of Government, awarded the work of preparation of the said Plan (hereinafter referred to as the "said work") to M/s Sky Group (hereinafter referred to as the "said Consultant");
And whereas, the said Consultant prepared the Draft GIS based Zoning Plan for Pernem Taluka and submitted the same to the Chief Town Planner (Planning);
And whereas, in terms of sub-section (3) of Section 17D read with Section 12 of the Goa Town and Country Planning Act, 1974 (Act 21 of 1975), the Chief Town Planner (Planning) referred the said Draft GIS based Zoning Plan for Pernem Taluka OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 20 17TH AUGUST, 2023 as prepared by the said Consultant to the Goa
Town and Countr y Planning Board for its
consideration;
And whereas, the Goa Town and Country
Planning Board has approved the said draft GIS
based Zoning Plan for Pernem Taluka as prepared
by the said Consultant;
Now, therefore, in exercise of the powers
conferred by sub-section (3) of Section 17D read
with Section 13 of the Goa Town and Country
Planning Act, 1974 (Act 21 of 1975), the draft GIS
based Zoning Plan for Pernem Taluka is hereby
notified and the same is kept for inspection of the
public in general on all working days in the office
of the Town and Country Planning Department
(Headquarters), Patto, Panaji-Goa and also in Pernem
Taluka Office of TCP Department, Pernem-Goa.
Objections/suggestions, if any, to the said draft
GIS based Zoning Plan for Pernem Taluka, may be
forwarded in writing to the Chief Town Planner
(Planning), Town and Countr y Planning
Department, Dempo Tower, 2nd floor, Patto Plaza,
Panaji-Goa with full name and address of the
member of the public making objection/suggestion,
within a period of two months from the date of
publication of this Notification in the Official
Gazette.
By order and in the name of the Governor of
Goa.
Rajesh J. Naik, Chief Town Planner (Planning) &
ex officio Joint Secretary.
Panaji, 16th August, 2023.
Office of the Chief Town Planner (Planning)
–––
Corrigendum
No. 36/18/2/17(2)/RPG-21/Assa/97/1/TCP-2023/191
In the Government Notification No. 36/18/2/17(2)/
/RPG-21/Assa/97/1/TCP-2023/94 dated 05-06-2023,
published in Official Gazette, Series II No. 10 dated
08-06-2023, the words "Natural Cover" shall be read
as "Orchard zone with part area under No
Development Slope and partly cultivable land zone
with part area under No Development Slope".
Rajesh J. Naik, Chief Town Planner (Admin.)/Chief
Town Planner (Planning).
Panaji, 10th August, 2023.
——————
Department of Transport
Directorate of Transport
–––
Notification
No. 5/9/90-TPT/2023/Part-File/2277
In pursuance of Clause (xii) of sub-rule (1) of Rule 22 of the Goa, Daman and Diu Motor Vehicles Tax Rules, 1974, the Government of Goa is pleased to notify that the Society of the Franciscan (Hospitaller) Sisters of the Immaculate Conception—Margao, Goa and all the Units/bodies of the said Society functioning, as a charitable institution for the purpose of the said rule.
By order and in the name of the Governor of
Goa.
Rajan Satardekar, Director & ex officio Addl.
Secretary (Transport).
Panaji, 16th August, 2023.
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