GOVERNMENT OF GOA

Department of Animal Husbandry & Veterinary Services

–––

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

Dr. Madhura P. Naik,

Veterinary Dispensary,

Veterinary Officer

Shiroda, Goa with

Shiroda

additional charge of

2403—Animal Health,

Veterinary Dispensary,

00—,

Navelim

102—Cattle & Buffalo

Development,

05—KVS,

01—Salaries.

Dr. Anisha Carol

Veterinary Hospital,

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.

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.

479

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

SERIES II No. 20

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

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

Panaji, 17th August, 2023 (Sravana 26, 1945)

480

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

17TH AUGUST, 2023

Department of Co-operation

Office of the Asstt. Registrar of Co-operative Societies

–––

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.

————

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

–––

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, 2023

481

This 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.

——————

Directorate of Higher Education

–––

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.

——————

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.

——————

Department of Labour

–––

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.

482

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

17TH AUGUST, 2023

9. 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.

————

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.

———

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

483

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.

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).

484

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

17TH AUGUST, 2023

13. 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, 2023

485

17. 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

486

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

17TH AUGUST, 2023

Sd/-

(Anil Scaria)

Presiding Officer,

Industrial Tribunal &

Labour Court.

————

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

487

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.

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

488

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

17TH AUGUST, 2023

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

workshop of Party II from

affirmative.

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.

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

17TH AUGUST, 2023

489

Commissioner, 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) Party 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.

490

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

17TH AUGUST, 2023

Sd/-

(Anil Scaria)

Presiding Officer,

Industrial Tribunal

Labour Court.

——————

Department of Personnel

–––

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

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

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.

ANNEXURE

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

17TH AUGUST, 2023

491

Order

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:-

Shri Mrunal Sidharth Marathe.

Shri Vipul Raghoba Naik Gaonkar.

Ms. Sanjana Dipak Bandekar.

Ms. Nadia Ashraf Ali Shekoli.

Shri Safal Krishna Shetye.

Shri Sanket Sandip Sakhardande.

Shri Manthan Manoj Naik.

Shri Sairaj Dattaram Phadte.

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.

492

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 20

17TH AUGUST, 2023

Order

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

493

as prepared by the said Consultant to the Goa

Town and Country 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 Country 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

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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