SERIES II No. 4

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

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

GOVERNMENT OF GOA

Department of Co-operation

Office of the Registrar of Co-operative Societies

–––

Order

No. 19-17-94/TS/RCS(Part V)/243

Read: Order No. 19-17-94/TS/RCS(Part V)/225 dated 21-04-2023 issued by RCS.

[Under Section 67A of the Goa Co-operative Societies Act, 2001 (Goa Act No. 36 of 2001)]

Whereas, The Goa State Co-operative Milk Producer’s Union Ltd. [registered under code symbol No.

PRD(c)-99/Goa], Curti, Ponda, Goa (hereinafter referred to as “the said society” or as “Goa Dairy”) is a

registered Co-operative Society which was registered under the erstwhile the Maharashtra

Co-operative Societies Act, 1960 made applicable to the State of Goa and is now deemed to be a Society

registered under the Goa State Co-operative Societies Act, 2001 (Goa Act No. 36 of 2001) (hereafter referred

to as “Act”) from the date of coming into force of the Act.

And whereas, as per the bye laws of Goa Dairy, the Supreme authority of the Society is vested in the

General Body Meeting, subject to the Act, the Rules and the Bye-laws. The Board of Directors (BoD) of the

Goa Dairy consists of 15 Directors out of which 12 are directly elected, one is nominated by RCS, one

nominated by NDDB and the Managing Director of the Society is ex-officio Director and the Member

Secretary.

And whereas, the last election was held to constitute Board of Directors of Goa Dairy for tenure

2022-2027 and the result of election was declared in Form ELECTION 17 dated 20-06-2022 whereby the

following 12 Directors were elected.

Sr.

Name of the Director

Primary Dairy Society

Residential Address

No.

represented

1

2

3

4

1.

Shri Sinari Ulhas Pandurang

Janata Utkarsh Sahakari Dudh

H. No. 209, Meshwada,

Vyavasayik Society Ltd., Amona,

Amona, Bicholim, Goa.

Marcela, Goa

2.

Shri Faldessai Rajesh Krishna

Somnath Sahakari Dugdh Utpadak

H. No. 275, Deulwada,

Vyavsayik Saunstha Maryadit,

Balli, Quepem, Goa.

Adnem, Quepem, Goa

3.

Shri Dessai Vithoba Datta

Shantadurga Sahakari Dudh

H. No. 10, Bhiunsa,

Vyavasaik Saunstha Ltd.,

Cuncolim, Salcete, Goa.

Cuncolim Bazar, Cuncolim,

Salcete, Goa

4.

Shri Gaonkar Vijaykant Vithoba

Shree Mahamaya Dudh Utapadak

H. No. 136, Jakem,

Sahakari Saunstha Maryadit,

Netravalim, Sanguem, Goa.

Jackem, Netravalim, Sanguem, Goa

Panaji, 27th April, 2023 (Vaisakha 7, 1945)

111

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

112

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 4

27TH APRIL, 2023

1

2

3

4

5.

Shri Parab Gurudas Keshav

Menkurem Dudh Utapadak

H. No. 140, Varcha Wada,

Sahakari Saunstha Maryadit,

Menkurem, Bicholim, Goa.

Menkurem, Bicholim, Goa

6.

Shri Sahakari Madhav Atmaram

Kapila Sahakari Dudh Utpadak

H. No. 47/1, Mesta Wada,

Vyavasayik Saunstha Maryadit,

Curti, Ponda, Goa.

Curti, Ponda, Goa

7.

Shri Dessai Baburao Shrikant

Kakoda Sahakari Dudh Utpadak

H. No. 50, Bansai, Kakoda,

Fatto

Vyavasayik Saunstha Maryadit,

Curchorem, Goa.

Bansai, Kakoda, Goa

8.

Shri Prabhu Uday Anand

Somnath Mahalaxmi Sahakari

H. No. 105, Gudamol-Kodar,

Dudh Utpadak Saunstha

Near Government Agriculture

Maryadit, Kodar, Ponda, Goa

Farm, Khandepar, Ponda,

Goa-403406.

9.

Shri Prabhugaonkar Nitin

Tribhuvan Sahakari Dudh

H. No. 183, Gaonkarwada,

Vishwanath

Vyavasayik Saunstha Maryadit,

Velinga, Priol, Ponda,

Mardol, Goa

Goa-403404.

10. Shri Falo Babu Deu

Shree Paravdeshwar Dudh Utpadak

Ghoteli No.-02, Querim,

Sahakari Saunstha Maryadit, Keri,

Sattari, Goa-403505.

Sattari, Goa

11. Shri Desai Anup Kalidas

Priol Gosavardhan Sahakari Dudh

Apewal, Priol, Ponda, Goa

Vyavasayik Saunstha Maryadit,

403404.

Priol, Goa

12. Shri Naik Shrikant Pandurang

Pragati Sahakari Dudh Utpadak

Galshirem Kavalem, Ponda,

Saunstha Maryadit, Kapileshwari,

Goa-403401.

Kavale, Ponda, Goa

The elections to the Office bearers of the Goa Dairy were held on 18-07-2022 and Shri Faldessai Rajesh

Krishna was elected as Chairman.

Subsequently, the Managing Director of Goa Dairy vide copies of letters dated 20-02-2023 marked to

Registrar has informed that 2 Directors namely Shri Madhav Atmaram Sahakari and Shri Anup K. Desai had

submitted their resignations from the post of Directors on 03-02-2023 which were accepted on 15-02-2023.

Thus, the 2 posts of Directors have fallen vacant with effect from 15-02-2023 reducing the number of

Directors to 10.

And whereas, vide Order dated 21-04-2023 referred above, the following persons who were holding the

post of Director of Goa Dairy have been disqualified u/s. 59(11) of the Goa Co-operative Societies Act, 2001.

1) Shri Sinari Ulhas Pandurang.

2) Shri Faldessai Rajesh Krishna.

3) Shri Dessai Vithoba Datta.

4) Shri Gaonkar Vijaykant Vithoba.

5) Shri Parab Gurudas Keshav.

6) Shri Dessai Baburao Shrikant Fatto.

And whereas, Shri Sahakari Madhav Atmaram who was holding the post of Director but have vacated

the same by resignation has also been disqualified vide said Order along with several other ex-Directors

of Goa Dairy.

In consequence of above developments of two resignations and six disqualifications, presently out of 12

elected Directors on Board of Directors of Goa Dairy, only 4 Directors namely Shri Prabhu Uday Anand,

Shri Prabhugaonkar Nitin Vishwanath, Shri Falo Babu Deu and Shri Naik Shrikant Pandurang are left as

Directors on the Board of Directors.

OFFICIAL GAZETTE — GOVT. OF GOA

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113

And whereas, as per bye-law No. 19.12 of Goa Dairy, presence of more than 50% of the Board members

forms the quorum for the Board meetings. Therefore, at all times a minimum of 7 elected Directors are

required for functioning of the Board in accordance with bye-laws of Goa Dairy.

All the powers, functions and responsibilities are vested in the Board as per bye-law No. 21 of Goa Dairy.

Therefore due to above facts, the Goa Dairy is rendered without any effective Board of Directors because

the BoD can take decisions only through its meetings by adopting resolutions passed by majority of

Directors present and voting. But, for holding any meeting of BoD, 7 or more Directors are required to be

present to form the quorum. Due to this situation and since Shri Rajesh K. Faldessai, Chairman is also

disqualified from the post of Director, the Goa Dairy is left without any Chairman and without any BoD

capable of functioning in accordance with its Bye-laws.

In view of above situation where majority of posts of Directors on BoD are vacant due to resignations

and disqualifications, it is felt necessary to provide an alternative for management of affairs of Goa Dairy

by invoking provisions of Section 67A of the Goa Co-operative Societies Act, 2001.

The Goa Dairy is running a milk dairy plant located at Curti, Ponda, Goa and another plant at Usgao

where cattle feed is manufactured which is supplied to its members/dairy farmers through affiliated

primary dairy co-operative societies. Thus for running both these plants, the decision making has to happen

by the authorities of Chairman as well as the Board of Directors. The business carried on by Goa Dairy is

most important since it is for ensuring regular supply of milk packets in the market for consumption of

population as well as supplying cattle feed for survival of animals owned by the dairy farmers. It is essential

in the interest of Goa Dairy as well as its member dairy farmers and in public interest to ensure smooth

supply of daily milk to population of the State, it is essential to invoke powers u/s. 67A of the Act to

supersede the existing defunct Board of Directors and appoint a Committee of Administrators (CoA) to

manage the affairs of the Society till the fresh elections are held and new Board of Directors enters upon

office.

Taking into consideration the stalemate that is existing and the vacuum created in the management/

/administration of Society, I am satisfied that immediate action is required to be taken and that it is not

reasonably practicable to publish notice in accordance with proviso to Section 67A of the Act inviting

objections and suggestions to the proposed order and to pass the Order after considering all objections

and suggestions that may be received. If such notice is published and even minimum 7 days are provided,

it may lead to serious adverse effect on smooth functioning of both Dairy and cattle feed plants.

Now, therefore, in view of above facts and the above recorded reasons and in exercise of the powers

vested in me under Section 67A of the Goa Co-operative Societies Act, 2001, I, the undersigned Registrar

of Co-operative Societies, Goa do hereby supersede the existing minority/defunct Board of Directors of the

Goa State Co-operative Milk Producer’s Union Ltd., Curti, Ponda, Goa and hereby appoint the following

Committee of Administrators (CoA) to manage the affairs of the Society till the fresh elections are held and

new Board of Directors enters upon office.

1) Shri Parag M. Nagarcenkar, Officer of Goa Civil Service, Government of Goa presently posted as SLAO,

GIDC-Chairman.

2) Dr. Rama G. Parab, Veterinary Officer, Directorate of Animal Husbandry & Veterinary Services,

Government of Goa-Member.

3) Shri Sandeep Ramnath Parab/Parsekar, Accountant, Directorate of Accounts, Government of Goa-

-Member.

The term of the above Committee of Administrator shall be for initial period of six months from the date

of issue of this Order. The aforesaid committee shall immediately take over the complete charge of the

assets, books and records of the said Society by preparing an inventory/charge transfer Certificate. The

Committee of administrators shall take immediate steps to hold fresh elections in accordance with provisions

of Act, Rules and Bye-laws.

Given under the seal of this office.

Vishant S. N. Gaunekar, Registrar (Co-operative Societies) & ex officio Joint Secretary (Co-operation).

Panaji, 21st April, 2023.

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SERIES II No. 4

27TH APRIL, 2023

Order

No. 3/25/Urban credit/TSII/NZ/2020/RCS/268

Read:

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

21-04-2017.

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

/5833 dated 06-03-2020.

3. Letter No. ARCS/NZ/PLN/Registrars

Nominee/24 dated 04-04-2023.

Whereas, vide Order read at Sr. No. 1 above, Adv.

Shivaji B. Sinai Bhangui, having office at above Bank

of Maharashtra, 2nd floor, SF-8, Goa Housing Board

Commercial & Residential Complex, Journalist

Colony, Alto Betim, Porvorim, Goa was appointed as

Registrar’s Nominee under Section 86(1) of the Goa

Co-operative Societies Act, 2001 (Goa Act No. 36 of

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

Societies Rules, 2003 and his name is reflecting at

Sr. No. 24 of the said Order.

And whereas, The Emmanual Urban Co-operative

Credit Society Ltd., office No. 4, Ravindra Tower,

Behind Maruti Temple, Ansabhat, Mapusa, Bardez,

Goa [Reg. No. RES(a)-49/NZ/GOA/04] vide their letter

read at Sr. No. 3 above have requested to designate

Adv. Shivaji B. Sinai Bhangui as their dedicated

nominee to directly receive and adjudicate disputes

referred by The Emmanual Urban Co-operative Credit

Society Ltd. without routing through this office.

Now therefore, in exercise of the powers conferred

under Section 123(B) of the Goa Co-operative

Societies Act, 2001 read with Rule 116 of the Goa

Co-operative Societies Rules, 2003, I, the undersigned

Registrar of Co-operative Societies do hereby

authorize Adv. Shivaji B. Sinai Bhangui, having office

at above Bank of Maharashtra, 2nd floor, SF-8, Goa

Housing Board Commercial & Residential Complex,

Journalist Colony, Alto Betim, Porvorim, Goa as a

dedicated RCS Nominee for The Emmanual Urban

Co-operative Credit Society Ltd., office No. 4, Ravindra

Tower, Behind Maruti Temple, Ansabhat, Mapusa,

Bardez, Goa [Reg. No. RES(a)-49/NZ/GOA/04] for a

period of one year with effect from 01-05-2023 to

30-04-2024.

When a purported dispute is referred by said

Society, the above named dedicated Nominee is

authorized to first decide under sub-section (1) of

Section 86 of the Goa Co-operative Societies Act, 2001

whether the matter referred by Society involves a

dispute and pass appropriate Orders under

sub-section (1) of Section 86 of the Act.

Only upon the Nominee satisfying that there exists

a dispute, he shall proceed to adjudicate the same

and give Award accordingly. The nominee shall abide

by the terms and conditions on which he was

originally appointed as Registrar’s nominee vide

Order read at Sr. No. 1 above.

This authorization shall be valid for one year with

effect from 01-05-2023 to 30-04-2024 unless renewed

and is subject to withdrawal/being revoked at any

stage at the discretion of undersigned without

assigning any reasons.

Given under the seal of this office.

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

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

Panaji, 24th April, 2023.

———u———

Office of the Asstt. Registrar of Co-operative

Societies

–––

No. 5/350/ARPZ/18-19/HSG/Reg/194

Read:

1. Certificate of Registration dated

30-11-2018 of Raj Aguiar Enclave

Co-operative Housing Society Ltd., Near

Old Military Camp, Dhavli, Ponda-Goa.

Consequent upon the change in name vide

amendment to bye-laws No. 1 to 138, the

Certificate of Registration of “Raj Aguiar Enclave

Co-operative Housing Society Ltd., Near Old

Military Camp, Dhavli, Ponda-Goa is amended as

under:-

Amended Certificate of Registration

In exercise of the powers vested in me in terms

of Section 11 of the Goa Co-operative Societies Act,

2001, read with Rule 10 of Goa Co-operative

Societies Rules, 2003, the Certificate of Registration

dated 30-11-2018 bearing code symbol No. ARCS/

/PZ/HSG/54/7(b)/Goa/798 stands amended with

immediate effect and shall read for all purposes as

follows:-

The name of the society appearing in the

Registration Certificate referred to at Sr. No. 1 above

be read as “Raj Aguiar Enclave Co-operative Housing

Maintenance Society Ltd.”, Dhavli, Ponda-Goa.

Pankaj V. Marathe, Asstt. Registrar (Co-op.

Societies), Ponda Zone.

Ponda, 17th April, 2023.

————

Notification

–––

In exercise of the powers vested in me under

Section 8 of the Goa Co-operative Societies Act,

2001, “Royal Classic Co-operative Housing

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 4

27TH APRIL, 2023

115

Maintenance Society Ltd., Near Vithoba Temple,

Upper Bazar, Ponda”-Goa is registered under code

symbol No. RCSPZ2023240026.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 6th April, 2023.

Certificate of Registration

“Royal

Classic

Co-operative

Housing

Maintenance Society Ltd., Near Vithoba Temple,

Upper Bazar, Ponda”-Goa has been registered on

06-04-2023 and its bears registration Code symbol

No. RCSPZ2023240026 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, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 6th April, 2023.

Notification

In exercise of the powers vested in me under

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

“Bella Casa Co-op. Hsg. Maintenance Scty. Ltd.,

C-201, C/o Aarshi Singh, Siolim”-Goa is registered

under code symbol No. RCSNZ2022-230032.

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

Societies), North Zone.

Mapusa, 8th March, 2023.

Certificate of Registration

“Bella Casa Co-op. Hsg. Maintenance Scty. Ltd.,

C-201, C/o Aarshi Singh, Siolim”-Goa has been

registered on 08-03-2023 and it bears registration

code symbol No. RCSNZ2022-230032 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.

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

Societies), North Zone.

Mapusa, 8th March, 2023.

———uuu———

Department of General Administration

–––

Notification

No. 25/4/95-GA&C/656

Shri Parkash Singh Badal, Former Chief Minister of Punjab has passed away on 25th April, 2023.

As a mark of respect to the departed dignitary and as decided by the Government of India, there will

be two (02) days State Mourning from 26-04-2023 to 27-04-2023 throughout the State.

On the days of Mourning, the National Flag will be flown at half mast throughout the State on all

buildings where the National Flag is flown regularly and there will be no official entertainment during the

above mentioned days.

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

Shreyas Dsilva, Under Secretary (GA-II).

Porvorim, 26th April, 2023.

———uuu———

Department of Home

Home—General Division

Office of the Director General of Police

–––

Order

No. CA-II/134/LOP&C/GPSC/3405/2023

On the recommendation of the Goa Public Service Commission conveyed vide letter No. COM/II/12/

/37(1)/2022/465 dated 27-01-2023 and approved by Government of Goa conveyed vide letter No. 1/2/2022-

-HD(G)/FSL/642 dated 24-02-2023 by the Department of Home (General), Government of Goa, Secretariat,

Porvorim-Goa, the Competent Authority found the below mentioned Officers fit for lifting of probation

period and confirmation in the post of ‘Scientific Assistant’ in Goa Police Department with effect from the

date of completion of their probation period as under:-

116

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 4

27TH APRIL, 2023

Sr.

Name of the Scientific

Posting

Date of completion of

No.

Assistant

probation period

1

2

3

4

1.

Shri Arjun B. Korgaunkar @

FSL Verna

02-07-2019.

Korgaonkar

2.

Shri Kulbhooshan Arun Kumar

FSL Verna

24-10-2019.

Gupta

3.

Smt. Shraddha P. Malvankar

FSL Verna

02-10-2018.

4.

Shri Atish D. Fatarpekar

FSL Verna

12-09-2019.

5.

Shri Jagdhish @ Jagdish M. Naik

FSL Verna

14-03-2020.

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

Bossuet Silva, Superintendent of Police (HQ).

Panaji, 29th March, 2023.

———uuu———

Department of Labour

–––

Order

No. 28/09/2023-LAB/264

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. Netzsch Technologies India

Private Limited, L-10, Verna Industrial Estate, Verna,

Goa and it’s workmen represented by the Bhartiya

Kamgar Sena, in respect of the matter specified in

the Schedule hereto;

And whereas, the Government of Goa considers

it expedient to refer the said dispute for

adjudication.

Now, therefore, in exercise of the powers

conferred by Clause (d) of sub-section (1) of Section

10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947), the Government of Goa hereby refers

the said dispute for adjudication to the Industrial

Tribunal of Goa at Panaji-Goa, constituted under

Section 7A of the said Act.

SCHEDULE

(1) Whether the action of the management of

M/s. Netzsch Technologies India Private

Limited, L-10, Verna Industrial Estate, Verna,

Goa in awarding punishment to S/Shri Sachin

Tapse, Technician, Babu Bodekar, Technician

and Shivaji Gawde, Technician for

suspending from work for one day without

wages i.e. on 29-03-2022, 08-04-2022 &

07-04-2022 respectively for not attending

safety day programme which was scheduled

on 16-03-2022, is legal and justified?

(2) If not, to what relief the workmen are

entitled?

By order and in the name of the Governor of

Goa.

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

Porvorim, 18th April, 2023.

————

Order

No. 28/08/2023-LAB/265

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. Dalgado Konkani Akademi, Old

Education Dept. Bldg., 2nd Floor, 18th June Road,

Panaji, Goa and it’s workman, Shri Augustine

Coelho, Lower Division Clerk, in respect of the

matter specified in the Schedule hereto;

And whereas, the Government of Goa considers

it expedient to refer the said dispute for

adjudication.

Now, therefore, in exercise of the powers

conferred by Clause (c) of sub-section (1) of Section

10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947), the Government of Goa hereby refers

the said dispute for adjudication to the Labour

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

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

SCHEDULE

(1) Whether the action of the management of

M/s. Dalgado Konkani Akademi, Old

Education Dept. Bldg., 2nd Floor, 18th June

Road, Panaji, Goa, in terminating the services

OFFICIAL GAZETTE — GOVT. OF GOA

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117

of Shri Augustine Coelho, Lower Division

Clerk, with effect from 01-05-2020, is legal

and justified?

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

By order and in the name of the Governor of

Goa.

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

Porvorim, 18th April, 2023.

————

Notification

No. 28/02/2023-LAB/169

The following Award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

14-02-2023 in Ref. No. IT/49/1999 is hereby published

as required under Section 17 of the Industrial

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

By order and in the name of the Governor of

Goa.

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

Porvorim, 3rd March, 2023.

———

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Mr. Anil Scaria, Hon’ble Presiding

Officer)

Ref. No. IT/49/1999

Shri Suresh Naik (since deceased),

Rep. by the Legal Heirs

1. Smt. Mira Suresh Naik,

2. Shri Sujay Suresh Naik,

3. Miss Sneha Suresh Naik,

All r/o. Saidham,

Dhavlimol, Ponda-Goa

.... Workman/Party-I.

V/s

M/s. MRF Ltd.,

Usgao,

Ponda-Goa

.... Employer/Party-II.

Workmen/Party I represented by Learned Adv. Ms.

S. Narvekar.

Employer/Party II represented by Learned Advocate

Shri A. Sawant holding for Adv. S. B. Karpe.

AWARD

(Delivered on this the 14th day of the month of

February of the year 2023)

By Order dated 30-04-1999, bearing No. IRM/CON/

/P/(236)/1998/2334, the Government of Goa in

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

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

has referred the following dispute to this Tribunal

for adjudication:-

“(1) Whether the action of the management of M/s

MRF Ltd., Usgao-Goa in terminating the

services of Shri Suresh Naik with effect from

19-03-1997 is legal and justified?

(2)

If not, to what relief the workman is entitled?”

2. The Party I/Workman has filed his Statement of

Claim. Thereafter, the Party I/Workman amended the

Statement of Claim.

3. The case of the Party I is that Suresh Naik

(Workman) was an active member of Goa MRF

Employees Union. That in order to victimize and

harass the Workman, Party II (Employer) issued a

charge-sheet to him by a letter dated 27-12-1997.

That, the Charge-sheet was not signed by an

authorized person. That, thereafter, Party II (Employer)

conducted a quick inquiry. That in the enquiry the

workman was not allowed to be represented by a

person of his choice. That the Workman was not given

an opportunity to lead evidence in defence. That the

copy of the findings of the Enquiry Officer were not

supplied to the workman. That, he was not given an

opportunity to show-cause against the action

proposed to be taken against him. That by letter

dated 19-03-1997 the services of the workmen were

terminated. That the past conduct of the workman

was not taken into consideration before terminating

the services of the workman. That, the termination of

the workman is unfair labour practice.

4. That conciliation proceedings were going on

with respect to Charter of Demands by the workmen.

That Party II has not applied for approval of

termination of service under Section 33 of the

Industrial Disputes Act, 1947. Therefore, it is prayed

that this Tribunal be pleased to hold that the

termination of the workman is illegal, improper, bad

in law, malafide and unjustified. That it be held that

the termination of the workman is victimization and

unfair labour practice. That the Employer be directed

to reinstate the workman with full back wages and

continuity of service. That the workman be given two

days wages for every one day of enforced

unemployment in view of the mental torture caused

to the workman and his family.

5. The Party II/Employer has filed its Written

Statement and additional Written Statement. The

Party II/Employer states that the workman was

charge-sheeted by Charge-sheet dated 27-02-1997

wherein it was alleged as under:-

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SERIES II No. 4

27TH APRIL, 2023

“Despite several warnings, Charge-sheet and

consequent suspensions by way of punishment for

unauthorized absence, it is observed from your

attendance record that you are still in the habit of

remaining absent from duty without leave or

intimation as detailed below:-

September ‘96— 5, 7, 13, 18, 20, 21 (6 days)

October ’96—7, 10, 11, 12, 14, 15, 18, 19, 20 (9 days)

November ’96—1, 2, 7, 13 to 16, 28, 29, 30 (10 days)

December ’96—2, 3, 9 to 23, 31 (20 days)

Your absence, therefore, as above is unauthorized

and amounts to gross misconduct under Items XXV

and LII of Clause 21 of the Certified Standing Orders

of the Company which read as under:

CI: 21 Item XXV: Habitual absence without leave, or

absence without leave of more than 8 consecutive days

or overstaying the sanctioned leave without

satisfactory explanation.

CL. 21 Item LII: Any act subversive of discipline

and with which you are charged.”

6. That the Workman had requested the Enquiry

Officer to be defended by Mr. Dhauji Netraval. That

Mr. Dhauji Netravel was not a co-worker of Party I

(Workman). That there were specific provisions in

the Certified Standing Orders which provided for

only the assistance of a co-worker in a domestic

enquiry. That, the Enquiry Officer therefore declined

the request of the workman. That, thereafter the

workman requested to be represented by his

co-worker, namely Mr. Rohidas Naik. That the request

was granted. That both Parties adduced evidence.

That by findings dated 15-03-1997, the Enquiry

Officer held the workman guilty of the charges

leveled against him. That the enquiry was fair and

proper and was conducted in accordance with the

principles of natural justice. That Party II (Employer)

concurred with the findings of the Enquiry Officer.

Party II (Employer) considered the past record of the

workman. That considering the magnitude of the

misconduct, the workman (Party I) was dismissed

from service.

7. It is denied that the non-issuance of a Show

Cause Notice before dismissal has prejudiced the

workman. It is denied that the dismissal of the

workman amounts to victimization and unfair labour

practice. That Party II has not violated the provisions

of Section 33 of the Industrial Disputes Act, 1947.

That Goa MRF Employees Union is represented by a

Committee headed by its President Mr. Savio

Furtado. That Rohidas Naik is not the President of

the Goa MRF Employees Union and that he cannot

represent the workman or sign the pleadings.

Therefore, it is prayed that the claim of the Party I be

disallowed.

8. Party I (Workman) has filed his Rejoinder to the

Written Statement and another Rejoinder to the

additional Written Statement. The workman (Party I)

states that he allowed Rohidas Naik to represent him

not out of choice but out of compulsion. That Party II

(Employer) had illegally disallowed Dhauji Netraval

from representing him although he was an office

bearer of the Union. That Mr. Rohidas Naik was the

President of the Goa MRF Employees Union at the

time when all the pleadings were signed. That Shri

Rohidas Naik was and is authorized to verify all the

pleadings on behalf of the Goa MRF Employees

Union. That he has the locus standi to represent the

Goa MRF Employees Union. It is denied that the Goa

MRF Employees Union is represented by a different

Committee headed by its President Mr. Savio

Furtado.

8. The following issues and additional issues were

framed by this Tribunal:

ISSUES

1. Whether the Party I proves that the domestic

enquiry held against him is not fair and proper?

2. Whether the charges of misconduct leveled

against the Party I are proved to the satisfaction

of the Tribunal by acceptable evidence?

3. Whether the Party I proves that termination of

his services by the Party II is by way of

victimization and unfair labour practice?

4. Whether the Party I proves that the action of

the Party II in terminating his services from

19-03-1997 is illegal and unjustified?

5. Whether the Party I is entitled to any relief?

6. What Award?

ADDITIONAL ISSUE

5A. Whether the Party II has followed the

mandatory provisions of Sec. 33(2)(a)(b) of

the Industrial Disputes Act before

dismissing the workman from the service?

9. That on 05-06-2009, the workman (Shri Suresh

Naik) expired leaving behind his wife Smt. Mira

Suresh Naik and his two children namely Sujay Suresh

Naik and Miss Sneha Suresh Naik as his universal

heirs. The cause title has been amended and the heirs

have been brought on record.

10. During the course of proceedings, the Parties

filed Consent terms (Exh. 71 Colly).

11. The consent terms are as follows:-

“I. The present dispute was referred by the

Government of Goa for adjudication to the

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119

Industrial Tribunal in exercise of the powers

conferred by Clause (d) of sub-section (1) of

Section 10 of the Industrial Dispute Act, 1947

as the Applicant Shri Suresh Naik had

challenged his order of dismissal dated

19-03-1997 by the Opponent.

II. During the pendency of the said proceedings,

said Shri Suresh Naik expired on 05-06-2009 and

upon his demise, his wife Smt. Mira Suresh Naik

and his two children Mr. Sujay Suresh Naik and

Miss Sneha Suresh Naik who are Applicant’s

sole and universal heirs came to have been

added as Parties to the present proceedings.

III. Considering the fact, that the original Applicant

Shri Suresh Naik is no more living, the widow of

the Applicant i.e. said Smt. Mira Suresh Naik and

her above children approached the Opponent

and have sorted out the matter amicably and in

settlement of the claims and disputes between

the Parties, the Applicants have agreed that

subject to payment of lump sum amount of

Rs. 3,71,828/- (Rupees Three lakhs seventy one

thousand eight hundred twenty eight only)

which includes legal dues Rs. 3,913/- (Rupees

Three thousand nine hundred thirteen only),

settlement arrears/Dues (October 1995–

September, 2002) Rs. 17,915/- (Rupees Seventeen

thousand nine hundred fifteen only) and the

Company Settlement offer of Rs. 3,50,000/-

(Rupees Three lakhs fifty thousand only) to be

paid by the Opponent to the Applicants. The

Applicants agree and declare that they shall

have no claim of whatsoever nature,

notwithstanding any other issues pending

between the Applicants Company/Management

and various Trade Unions.

IV. The Opponent after having resolved to settle

the disputes with the Applicant agreed to pay

an amount of Rs. 3,71,828/- (Rupees Three lakhs

seventy one thousand eight hundred twenty

eight only) as full and final settlement of all the

claims of the Applicant in terms of settlement

arrived between the Parties. The Opponent has

hereby issued a cheque bearing No. 039094

dated 30-01-2023 drawn on HDFC Bank, Ponda

branch in favour of Smt. Mira Suresh Naikfor

sum of Rs. 3,71,828/- (Rupees Three lakhs

seventy one thousand eight hundred twenty

eight only) as full and final settlement of all the

claims and disputes of the Opponent in the

present matter.

V. The Applicants hereby acknowledge having

received the said sum of Rs. 3,71,828/- (Rupees

Three lakhs seventy one thousand eight

hundred twenty eight only) from the Party II and

declare that the Party I has no claim of whatsoever

nature against the Party II as all their legal dues

including Gratuity have already been settled

and further declare and acknowledge that the

termination effected of the late Mr. Suresh Naik

by the Party II vide Order of Dismissal dated

19-03-1997 is perfectly legal and valid.

VI. The Applicants state that they have no further

interest or claim of whatsoever nature against

the Party II in Reference No. IT/33/97, WP/592/

/2017, WP/805/2018, CP/2/2016, LCC/29/96, LCC/

/40/98, IT/17/2004, WP/2307/2021, IT/06/2007,

IT/61/2002, IT/09/2010, IT/22/2012, WP/172/

/2017 and other similar matters pending before

various Courts in Goa as well as in any other

States in India filed by the Union against the

Party II Company of which Union the late

Shri Suresh Naik claims to be the member and

in any other matter filed by any other Union

against the Opponent Company.

VII. The Applicant further states that they are the

sole surviving legal heirs of late Shri Suresh

Naik and undertakes to indemnify the

Opponent in case any claim/dispute is raised

by any other person against the Opponent

claiming to be the legal Heir of late Shri Suresh

Naik in view of matter of settlement arrived at

between the Applicant and the Opponent as

per the present terms of settlement agreed and

signed.

VIII. Either of the Parties declare that they have no

claim of whatsoever nature against each other.”

12. The Consent Terms have been signed by

Smt. Mira Suresh Naik, Shri Sujay Suresh Naik and

Miss Sneha Suresh Naik. They are the moiety holder

and heirs of the deceased workman. The Consent

Terms have also been signed by Mr. Krishna Warrier

(Chief of Human Resources of the Opponent) and

Shri Abhishek P. Sawant (Advocate for the Opponent).

13. I have gone through the records of the case

and the Memorandum of Consent Terms. I am

convinced that the Consent Terms filed by the Parties

are just and fair and are in the interest of the heirs of

the Workman/Party I and the Employer/Party II.

Therefore the same are accepted.

Hence, I pass the following Order:-

ORDER

(i) The reference in IT/49/1999 stands awarded

as per Consent Terms filed by both the Parties at

Exhibit 71 Colly.

The Consent Terms are as hereunder:-

“I. The present dispute was referred by the

Government of Goa for adjudication to the

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Industrial Tribunal in exercise of the powers

conferred by Clause (d) of sub-section (1) of

Section 10 of the Industrial Dispute Act, 1947

as the Applicant Shri Suresh Naik had

challenged his order of dismissal dated

19-03-1997 by the Opponent.

II. During the pendency of the said proceedings,

said Shri Suresh Naik expired on 05-06-2009

and upon his demise, his wife Smt. Mira Suresh

Naik and his two children Mr. Sujay Suresh

Naik and Miss Sneha Suresh Naik who are

Applicant’s sole and universal heirs came to

have been added as Parties to the present

proceedings.

III. Considering the fact, that the original

Applicant Shri Suresh Naik is no more living,

the widow of the Applicant i.e. said Smt. Mira

Suresh Naik and her above children

approached the Party II and have sorted out

the matter amicably and in settlement of the

claims and disputes between the Parties, the

Party I have agreed that subject to payment of

lump sum amount of Rs. 3,71,828/- (Rupees

Three lakhs seventy one thousand eight

hundred twenty eight only) which includes

legal dues Rs. 3,913/- (Rupees Three thousand

nine hundred thirteen only), settlement

arrears/Dues (October 1995 – September, 2002)

Rs. 17,915/- (Rupees Seventeen thousand nine

hundred fifteen only) and the Company

Settlement offer of Rs. 3,50,000/- (Rupees Three

lakhs fifty thousand only) to be paid by the Party II

to the Party I. The Party I agree and declare

that they shall have no claim of whatsoever

nature, notwithstanding any other issues

pending between the Company/Management

and various Trade Unions.

IV. The Opponent after having resolved settle the

disputes with the Applicant agreed to pay an

amount of Rs. 3,71,828/- (Rupees Three lakhs

seventy one thousand eight hundred twenty

eight only) as full and final settlement of all

the claims of the Party I in terms of settlement

arrived between the Parties. The Party II has

hereby issued a cheque bearing No. 039094

dated 30-01-2023 drawn on HDFC Bank, Ponda

branch in favour of Smt. Mira Suresh Naik for

sum of Rs. 3,71,828/- (Rupees Three lakhs

seventy one thousand eight hundred twenty

eight only) as full and final settlement of all

the claims and disputes of the Party II in the

present matter.

V. The Applicants hereby acknowledge having

received the said sum of Rs. 3,71,828/- (Rupees

Three lakhs seventy one thousand eight

hundred twenty eight only) from the Party II

and declare that the Applicants have no claim

of whatsoever nature against the Party II as all

their legal dues including Gratuity have

already been settled and further declare and

acknowledge that the termination effected of

the late Mr. Suresh Naik by the Opponent vide

Order of Dismissal dated 19-03-1997 is perfectly

legal and valid.

VI. The Applicants state that they have no further

interest or claim of whatsoever nature against

the Opponent in Reference No. IT/33/97,

WP/592/2017, WP/805/2018, CP/2/2016, LCC/

/29/96, LCC/40/98, IT/17/2004, WP/2307/2021,

IT/06/2007, IT/61/2002, IT/09/2010, IT/22/2012,

WP/172/2017 and other similar matters

pending before various Courts in Goa as well

as in any other States in India filed by the Union

against the Party II Company of which Union

the late Shri Suresh Naik claims to be the

member and in any other matter filed by any

other Union against the Opponent Company.

VII. The Applicant further states that they are the

sole surviving legal heirs of late Shri Suresh

Naik and undertakes to indemnify the

Opponent in case any claim/dispute is raised

by any other person against the Party II

claiming to be the legal heir of late Shri Suresh

Naik in view of matter of settlement arrived at

between the Applicant and the Opponent as

per the present terms of settlement agreed and

signed.

VIII. Both of the Parties declare that they have no

claim of whatsoever nature against each

other.”

(i)

No order as to Cost.

(ii) Inform the Government accordingly.

Sd/-

(Anil Scaria)

Presiding Officer,

Industrial Tribunal and

Labour Court-I.

————

Notification

No. 28/02/2023-LAB/Part-II/193

The following Award passed by the Labour

Court-II, at Panaji-Goa on 20-02-2023 in Case No. Ref.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 4

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121

IT/21/2021 is hereby published as required under

Section 17 of the Industrial Disputes Act, 1947

(Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

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

Porvorim, 8rd March, 2023.

———

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. No. IT/21/2021

Shri Praveen Bandekar,

Rep. by its Gen. Secretary,

Gomantak Mazdoor Sangh,

Ponda-Goa

.... Workman/Party-I.

V/s

The Proprietor,

M/s. Palmarinha Resorts

& Suites,

Porbawaddo, Calangute-Goa

.... Employer/Party-II.

Workmen/Party I represented by Ld. Adv. Shri Puti

Gaonkar.

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

Sawant.

Panaji, dated: 20-02-2023.

AWARD

1. In exercise of the powers conferred by Clause

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

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

Government of Goa, by Order dated 22-09-2021,

bearing No. 28/36/2021-LAB/468 referred the

following dispute for adjudication to the Labour

Court-II of Goa.

“(1) Whether

Shri

Praveen

Bandekar,

Horticulturist, could be construed as

“workman” as defined under the Industrial

Disputes Act, 1947?

(2)

If answer to Issue No. (1) above is in

affirmative then whether the action of

management of M/s. Palmarinha Resorts and

Suites, Porbawaddo, Calangute, Goa, in

refusing the employment to Shri Praveen

Bandekar, Horticulturist, with effect from

24-03-2020, is legal and justified?

(3)

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

then, what relief, the Workman is entitled to?”

2. On receipt of the reference, a Case was

registered under No. LC-II/IT/21/2021 and registered

A/D notice was issued to the Parties. In pursuance

to the said notice, the Party put in their appearance.

The Workman/Party I (for short, Workman) filed his

statement of claim on 21-10-2012 at Exb. 3. The facts

of the case in brief as pleaded by the Workman are

that he was employed by the Employer/Party-II (for

short, “Employer”) as Horticulturist since 01-06-2017

and since then he was continuously working for the

Employer. He stated that though he was appointed

as Horticulturist at their Hotel at Calangute, he was

posted as Horticulturist at their farm at Naneli-Sattari,

Goa. He stated that at the said farm, he was physically

doing the work of plantation and Dairy as also the

work of sowing, pruning, driving the tractor, Tata

vehicle, cashew collection, milking the cows by hand

and also with the machine, maintenance of farm

machineries, clerical work of maintaining the records

such as production records, attendance of records of

labourers etc. He stated that the work of supervisory

and managerial was being done by Mr. Kamalakant

Phadte-Manager. He stated that he was performing

work as per the instructions given to him by the

Manager. He stated that neither he was having any

supervisory or managerial powers, nor having the

power of sanctioning leave of any workmen. He

stated that as he was a workman under the Industrial

Dispute Act, 1947, he was entitled for overtime

wages, leave and other benefits as mentioned in his

appointment letter dated 01-06-2017. He stated that

he has not voluntarily abandoned his service and is

ready to resume the duty any time at his place of

work. He stated that on 24-03-2020, he was verbally

informed via telecom by the concerned Manager Shri

Kamalakant Phadte that the Employer told him that

not to joined duties on account of Outbreak of Covid-19

Pendamic till 31-03-2020. He stated that on 31-03-2020,

he had enquired telephonically to Mr. Kamalakant

Phadte about the date of joining duty and he was

told to join on 15-04-2020. He stated that on

14-04-2020, he again contacted Mr. Kamalakant

Phadte as well as the Employer and asked them as to

when he should join the duty. He stated that however,

he was instructed not to join duty till 30-04-2020. He

stated that on 24-04-2020, he has sent a message to

the Employer on WhatsApp inquiring about the date

of joining and his pending salary from March, 2020.

He stated that however, the Employer replied that

he will look into the matter and will revert back. He

stated that unfortunately, the Employer did not reply.

He stated that on 05-05-2020, he had sent another

reminder message to the Employer on WhatsApp to

get updates with respect to his pending salary and

date of joining. He stated that on 06-05-2020 he

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received message from the Employer stating that he

should contact the Accounts Department who is the

concerned person (Mr. Laxman). He stated that

accordingly, he contacted Mr. Laxman and the said

Laxman has asked him to contact the Employer

regarding his earned wages since March, 2020 and

his date of joining duty. He stated that on

07-05-2020 he was called by Employer for discussion

at his Mapusa Office for detailed discussion

regarding joining the duty and his pending salary.

He stated that on 31-05-2020, when he called the

Employer and asked him about his joining the duty

to which he was informed that his service was

discontinued from March, 2020.

3. He contended that before his refusal of

employment of service, no charge-sheet was issued

to him nor conducted inquiry and as such the

principles of natural justice has not been followed.

He submitted that as the Employer has not followed

the provisions of law before his refusal of employment

and hence action of the Employer in refusing him

employment is illegal, unjustified and bad-in-law. He

submitted that after refusal of employment of his

services, he is unemployed and hence entitled for

full back wages. The Workman, therefore, prayed to

declare that he is the workman under Section 2 (s) of

the Industrial Dispute Act, 1947 and that his refusal

of employment is illegal, improper, unjustified and

bad-in-law. The Workman further prayed that the

Employer be directed to reinstate him with full back

wages and continuity in service with consequential

benefits thereof.

4. The Employer resisted the claim of the

Workman by filing its written statement on

16-11-2021 at Exb. 4. The Employer stated that the

claim of the Workman is illegal and not maintainable

and does not fall within the ambit of Labour/

/Industrial Dispute. The Employer stated that the

Party-I is not a ‘workman’ within the preview of the

Industrial Disputes Act. The Employer stated that

the Party-I had applied for the post of Farm Supervisor

and was employed as supervisor being Horticulturist

i.e. expert in garden cultivation and management in

a supervisory capacity and was drawing wages of

Rs. 15,208/- i.e. exceeding 1,600/- per month as the

functions were mainly of a managerial nature. The

Employer stated that the Party-I was a supervisor

and used to discharge duties of supervisory and

administrative nature. The Employer stated that the

Party-I had power to direct and oversee the work of

the subordinates which were under him who were

the workmen doing physical work and the workmen

were paid on daily wage basis and supervisor were

paid on monthly Salary. The Employer stated that it

has three divisions under the farm i.e. Dairy,

Horticulture and Vegetables. The Employer stated

that Mr. Kamalakant Phadte was the Manager of the

said three divisions. The Employer stated that the

said Mr. Kamalakant Phadte retired on 31-05-2020.

The Employer stated that the two supervisors i.e. the

Party-I and Mr. Dattaprasad Nadkarni. The Employer

stated that each supervisor were supervising the

work allotted to them and their duty was to get the

work done from the subordinate. The Employer stated

that the Party-I had the power to recommend the

leave of subordinate and as a supervisor, he had to

examine the quality of work whether such work is

performed in satisfactory manner or not. The

Employer stated that Party-I was also assigned duties

and distribute the work to the subordinates of the

division he was supervising at the relevant time and

submit the report to the Manager. The Employer

submitted that as Party-I was a supervisor, present

dispute does not fall under the Industrial Dispute

Act and he is not liable for any relief from this Court.

The Employer submitted that the nation was ordered

to lock down w.e.f. 23-03-2020 and the party I

voluntarily abounded the work from the said date.

The Employer stated that they have never refused

the employment to the Party-I and was never

retrenched from work in fact the Party-I voluntarily

did not report to work as such, no wages were paid

to him. The Employer submitted that the Party-I has

filed a false case against them and prayed that the

reference be answered in negative and the petition

be dismissed.

5. Thereafter, the Workman filed his Re-joinder on

17-01-2022 at Exb. 5. The Workman, by way of his

Re-joinder, confirms and reiterates all his

submissions, averments and statements made in his

Claim Statement to be true and correct and denies

all the statements, averments and submissions made

by the Employer in its Written Statement, which are

contrary to his Statement and averments made in his

Claim Statement.

6. Based on the pleadings filed by the respective

parties, this Court framed the following issues on

22-06-2022 at Exb. 6.

1. Whether the Workman/Party-I proves that he is

a ‘workman’ as defined u/s/2(s) of the I. D. Act,

1947?

2. Whether the Workman proves that the action

of the Employer in refusing him employment

w.e.f. 24-03-2020 is illegal and unjustified?

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

present reference is not maintainable in view

of the reasons stated in para 1, 2 and 3 of the

written Statement?

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123

4. Whether the Workman/Party-I is entitled to any relief?

5. What order? What award?

7. Thereafter, both the parties led their evidence

respectively and the matter was fixed for final

arguments. On 13-02-2023, Ld. Rep. Shri P. Gaonkar

appearing for the Workman as well as Ld. Adv. Shri K.

Sawant representing the Employer appeared before

me and the matter discussed for settlement.

Accordingly, on 20-02-2023 Ld. Rep. Shri P. Gaonkar

alongwith the Workman as well as Ld. Adv. Shri K.

Sawant representing the Employer and filed the

application for consent award in terms of

memorandum of settlement dated 20-02-2023 at Exb.

21-colly and submitted that the matter may be

disposed of in terms of the settlement. The terms of

settlement are reproduce hereunder:

1. The managements paid an amount of

Rs. 150000/- (Rupees one lakh fifty thousand

only) vide cheque bearing No. 128216 drawn

on Bank of India dated 16-02-2023.

2. In view of above settlement which is full and

final settlement of all the claims, the Workman

shall not raise any demands against the

company of whatsoever nature including the

re-employment.

I have gone through the terms of settlement

signed by the parties hereinabove and is of the

opinion that the said terms of settlement are

beneficial to both the parties. The said terms of

settlement are also useful for the harmonious relation

between the parties. Hence, I approved the same.

In view of above and with regards to the facts and

circumstances of the present case, I proceed to pass

the following order.

ORDER

“(1) Whether

Shri

Praveen

Bandekar,

Horticulturist, could be construed as

“workman” as defined under the Industrial

Disputes Act, 1947, does not survive.

(2)

If answer to Issue No. (1) above is in

affirmative then whether the action of

management of M/s. Palmarinha Resorts and

Suites, Porbawaddo, Calangute, Goa, in

refusing the employment to Shri Praveen

Bandekar, Horticulturist, with effect from

24-03-2020, is legal and justified, does not

survive.

(3)

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II.

Notification

No. 28/02/2023-LAB/Part-I/213

The following Award passed by the Labour

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

Ref. LC-II/IT/05/06 is hereby published as required

under Section 17 of the Industrial Disputes Act,

1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

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

Porvorim, 15th March, 2023.

———

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case. No. Ref. LC-II/IT/05/06

Shri Mahesh C. Naik,

H. No. MHN 272, Belabain,

Vasco-da-Gama, Goa

.... Workman/Party-I.

V/s

M/s. Goa Shipyard Pvt. Ltd.,

Vaddem,

Vasco-da-Gama, Goa

.... Employer/Party-II.

Workmen/Party I represented by Ld. Rep. Shri

Subhash Naik George.

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

Bandodkar.

Panaji, dated: 03-03-2023.

AWARD

1. In exercise of the powers conferred by Clause

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

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

Government of Goa, by Order dated 24-02-2006,

bearing No. 28/37/2003-LAB/130 referred the

following dispute for adjudication to the Labour

Court-II of Goa.

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

Ltd., Vasco-da-Gama, Goa, in dismissing its

Workman namely Shri Mahesh C. Naik, Mazdoor,

with effect from 22-01-2005, is legal and justified?

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

2. On receipt of the reference, a Case was

registered under No. IT/05/06 and registered A/D

notice was issued to the Parties. In pursuance to

the said notice, the Parties put in their appearance.

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

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

facts of the case, in brief as pleaded by the

Workman are that there exist a union by name

Shipyard Employees Union (for short, ‘the said

union’) in the Employer establishment. He stated

that the said union is the sole bargaining agent

having strength of over 1,800 as its members out of

1850 Workmen. He stated that on 23-3-1996, the

election of the said union was held. He stated that

Shri Vincent P. Dias was elected as the President,

Shri Kishore Shet, Shri Pramod Bandekar, Shri Sebastian

Rebello as Vice Presidents, Shri D. Ramalingam as

General Secretary, Shri Ashok Shinde, Shri Namdeo

Naik as Secretaries and Shri Agnelo S. D’Souza as

Treasurer of the said Union. He stated that on

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

Committee meeting within the Employer’s premises

to be held on 08-05-1997. He stated that on 07-05-1997,

Shri Ashok Shinde as Secretary, issued a letter to

the Employer to the effect that the meeting called

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

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

barred under instructions of the management by

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

of the Managing Committee requested the President

in writing to convene a Managing Committee

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

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

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

and decided to hold a General Body Meeting on

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

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

show-cause notices were issued to five Managing

Committee Members stating as to why they should

not be dismissed from the membership of the union.

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

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

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

He stated that the said meeting was called by

Shri D. Ramalingam on whom the show-cause notice

was served. He stated that on 19-06-1997 at 18.30

hours’ a notice was delivered to Shri P. Vincent Dias

to show-cause why his membership of the union

should not be terminated. He stated that on

20-06-1997, the General Body Meeting called in the

scooter parking shed could not be held due to law

and order problem. He stated that on 20-06-1997,

police led by Shri Thorat, the then PSI threatened

to lathi charge in the event the members of the

union assembled at the venue of the meeting. He

stated that on 21-6-1997, 1207 members of the said

union issued a notice stating that if the President

failed to call the meeting, they themselves would

hold a meeting on the said date and place and

Shri Paul Fernandes would Chair the meeting. He

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

stated that on 19-7-1997, 1220 members voted and

ratified the elections. He stated that 1319 members

wrote a letter to the Registrar of Trade Union

furnishing their names of the newly elected

members. He stated that on 21-7-1997 Shri Damodar

R. Dessai and 3 others filed a Regular Civil Suit

bearing No. 37/1997 in the Civil Court at Vasco-da-Gama,

alleging false statement against the office bearer of

the Managing Committee of the said union, who

were elected on 19-7-1997 and prayed for a

declaration that the special General Body Meeting

held on 10-07-1997 under the Chairmanship of Shri

Paul Fernandes be declared as null and void and

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

set aside. He stated that the said Damodar Dessai

and 3 others in the said Civil Suit further prayed for

a permanent injunction restraining the defendants,

or any person acting on their behalf to take over the

management, control and function of the said union

or obstructing physically or interfering or otherwise

preventing the management, governing the affairs

of the said union or interfering in the said union till

the office bearer and the Managing Committee is

finally elected and recognized by the competent

authorities. He stated that the said Damodar Dessai

and others also filed a Civil Misc. Application,

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

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

Managing Committee of the said union filed a

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

Misc. Application No. 100/97 for a declaration that

the meeting held under the Chairmanship of Shri

Paul Fernandes and the resolutions taken therein

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

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

they had prayed for a declaration that there was no

special General Body Meeting held on 20-06-1997

and that a permanent injunction restraining the

defendants, their members, servants etc. from

holding a special general body meeting on 25-07-1997

at Vasco-da-Gama, Goa and also for a temporary

injunction. He stated that the Civil Judge ordered

that the defendants in the Regular Civil Suit No.

37/1997 are restrained from interfering with or

disrupting the elections scheduled to be held on

25-07-1997, however the Plaintiff and other elected

members of the factions supported by the Plaintiff

shall not take charge of their respective post till the

disposal of the suit or till the elections held on

19-07-1997 are declared to be illegal and void.

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

issued letter of suspension alleging that consequent

upon receipt of reports of their unlawful activities

leading to rioting and violence at the court premises

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125

of Judicial Magistrate First Class at Mangor Hill,

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

suspended from work with immediate effect, till

further orders. He stated that the Employer thereafter

conducted a domestic enquiry by issuing them a

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

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

of reporting for duty in concert and in combination

thereof, along with other Workmen, abstained from

duty, assembled at the main gate of Goa Shipyard

Limited and stopped some of the Workmen from

attending duty.

4. He submitted that there were no justifiable,

valid and genuine reasons for the Disciplinary

Authority to differ from the findings of the Enquiry

Officer as the reasoning of the Enquiry Officer does

not suffer from any infirmity. He submitted that the

enquiry conducted against him is illegal, null and

void and in violation of the principles of natural justice

as well as against the Certified Standing Orders. He

submitted that the Disciplinary Authority has no

authority to rewrite the findings under the Certified

Standing Orders. He submitted that the Disciplinary

Authority being also an Appellate Authority, has

deprived him rights vested in them and therefore

the entire exercise of the Disciplinary Authority is

illegal and unjustified. He submitted that the

Disciplinary Authority re-wrote the findings without

giving him any opportunity to show-cause as to

whether such re-writing was permissible in law

under the Certified Standing Orders. He submitted

that the Disciplinary Authority has acted maliciously

and perversely. He submitted that the re-writing of

the findings by the Disciplinary Authority is

colourable exercise of jurisdiction, an abuse of power

and a fraud on the statue. The Workmen therefore

prayed for setting aside the findings of the

Disciplinary Authority as well as the Enquiry

Authority.

5. The Employer resisted the Claim of the

Workman by filing its Written Statement on 27-08-2007

at Exb. 8. The Employer, by way of preliminary

objection submitted that the entire reference is

bad-in-law and not maintainable as it is not a private

limited company, but it is a public limited company

and public sector undertaking. The Employer

submitted that the State Government is not the

appropriate Government. The Employer submitted

that it is a Central Government’s Public Sector

undertaking. The Employer submitted that it is in

the business of Ship building and Ship repairs for

Indian Navy and Coast Guards. The Employer

submitted that its business is carried out and

controlled under the authority of Central

Government. The Employer submitted that it is under

the administrative control of Ministry of Defense,

Department of Defense Production. The Employer

therefore submitted that the Appropriate

Government in its case is Central Government and

not Government of Goa. The Employer further

submitted that the Government of Goa has no

authority and/or jurisdiction to entertain and refer

the present dispute.

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

Workmen along with his co-workmen remained

unauthorizedly absent from duty, without sanction

of leave and/or without information and permission

from the superiors. The Employer stated that the

Workman along with some other workmen

unauthorizedly assembled outside its main gate and

illegally and unjustifiably obstructed and prohibited

its workers from entering in the premises for

performing their duties. The Employer stated that

the Workman along with some other workmen

created tense and terror in the minds of other workers,

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

duties. The Employer stated that because of fear and

terror created in the minds of its workers by the

Workman and some other Workmen, majority of

workers including some lady workers, unwillingly,

but arising out of fear and pressure by the Workman

along with some other workmen went at Mangor Hill,

by paralyzing the work and its functioning.

7. The Employer stated that thereafter, the

Workman along with some other workmen

unauthorizedly assembled outside the Court

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

shouting slogans by using filthy languages. The

Employer stated that they also abused other workers,

who claimed to be defendants in the said Civil Suit.

The Employer stated that because of the said act of

the Workman, there was disturbance for the

advocates and litigants who wanted to attend the

court in their respective cases. The Employer stated

that some of the workers including the workers

claiming to be the Plaintiffs and Defendants in the

said Civil Suit were inside the court premises. The

Employer stated that since the Presiding Officer was

on leave, the matter was adjourned to some other

date.

8. The Employer stated that having knowledge

of the adjournment of the matter, the concerned

Workman and some other workers became violent to

such an extent that they physically assaulted,

manhandled Adv. Shri Shirodkar, who was going out

of the court premises. The Employer stated that the

Workman along with some other workmen snatched

the brief case of the said advocate and also caught

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hold of his coat. The Employer stated that arising out

of physical attack, Adv. Shirodkar got scared and

rushed in the court premises to protect himself and

filed a complaint before one of the Judicial Magistrate,

who was present in the Court.

9. The Employer stated that the Workman along

with some other workmen and their supporters

started pelting stones not only on the other workers,

who claimed to be defendants in the said Civil Suit,

but also on the Court building. The Employer stated

that though there were some police personnel, who

witnessed that the Workman and some other

workmen are becoming violent, to avoid any law and

order situation, called for additional police force. The

Employer stated that thereafter police inspector

Mr. Thorat and Executive Magistrate of Vasco-da-Gama

came at the Court premises.

10. The Employer stated that the Police personnel

and the Executive Magistrate asked the workers

including the Workman to vacate the court premises.

The Employer stated that meanwhile, the Workman

along with some other workmen instigated the mob

and encouraged to become violent. The Employer

stated that because of the instigation by the

Workman and some other workmen, there was an

unpleasant incident of pelting stones on the temple

of law. The Employer stated that the Workman was

directly involved in it and such an act was not

acceptable from any person, much less by the

workmen of any public sector undertaking. The

Employer stated that because of terror and havoc

created by the Workman along with some other

workmen, the workmen who were in the court

premises, out of fear were not ready to come down

from the court premises. The Employer stated that

the Executive Magistrate and Police Inspector asked

those workmen to vacate the premises. The Employer

stated that having regards to violent mood of the

Workman and some of the workmen, the Police

Inspector assured the workmen who were in the

court premises that the police will escort them and

they will be dropped by the police van. The Employer

stated that however, the workers were not willing to

come down from the court premises because of threat

and terror atmosphere created by the Workman and

others. The Employer stated that the Executive

Magistrate and Police Inspector were compelled to

give protection and forced the workmen, who were

in the court premises, to vacate the court premises,

and then only the workmen came down from the

court premises with support and help of police. The

Employer stated that however, the violent activities

of the Workman along with some other workmen

continued. The Employer stated that they even pelted

stones on those workmen, who were escorted by the

police personnel, including police personnel, which

resulted in injuries to three workmen. The Employer

stated that the Workman along with some other

workmen were not in a mood even to listen the Police

Inspector and Executive Magistrate and continued

their illegal activities. The Employer stated that the

police were compelled to make a lathi charge on the

workmen. The Employer stated that the Workman

along with some of the workmen were even arrested

by the police and charge-sheets were filed against

them for their illegal and unjustified act including

an act at the court premises.

11. The Employer stated that entire act of the

Workman along with some other workmen that also

from the public sector undertaking, were grave and

serious acts of misconducts including subversive of

discipline and good behavior outside the premises

and such act was detrimental for smooth functioning

of the establishment. The Employer stated that they

therefore suspended the Workman including some

other workmen, who were indulged in the illegal

activities, pending enquiry and result thereof.

12. The Employer further submitted that they

served the charge-sheet individually on those

workmen including the Workman. The Employer

stated that the Workman submitted his written

explanation, however the said written explanation

was not satisfactory, therefore they decided to

conduct the enquiry.

13. The Employer further submitted that, initially

it started individual and separate enquires of all the

workmen including the Workman, who were issued

the charge sheets. The Employer stated that since

all the charge-sheets were arising out of the same

incident and misconducts were more or less similar,

it was decided to conduct a common enquiry of all

fourteen workmen. The Employer stated that

therefore the enquiry of the Workman was clubbed

with enquiries of other workmen. The Employer

submitted that some of the workmen accepted their

guilt at the beginning of the enquiry itself, whereas

the enquiry of the Workman continued. The Employer

further stated that the Workman fully participated

in the enquiry and he was represented by Adv. Mario

Almeida. The Employer stated that during the

enquiry, they examined three witnesses in support

of the charges and they were thoroughly and in

length cross-examined by the Advocate of the

Workman. The Employer submitted that the evidence

against the three witnesses was consistent,

corroborative, and arising out of the factual events.

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127

14. The Employer stated that the Workman

examined himself besides other workmen, including

independent witnesses. The Employer stated that

however, they did not bring cogent evidence in their

defense to justify their action and/or contrary to the

evidence of the management. The Employer stated

that the Enquiry Officer, while appreciating the

evidence, came to the conclusion that there is

sufficient evidence to prove that charges levelled

against the Workman. The Employer stated that

however, to the utter surprise, the Enquiry Officer

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

going on illegal strike or abetting, instigating or

acting in furtherance the normal conduct or work of

the company”, and submitted his findings to the

Employer. The Employer stated that the Enquiry

Officer while appreciating the evidence observed

and analyzed the contradiction in the defense

evidence.

15. The Employer submitted that the Disciplinary

Authority perused the enquiry proceedings, its

connected papers and findings of the Enquiry

Officer. The Employer stated that the Disciplinary

Authority however, did not concur with the findings

of the Enquiry Officer. The Employer stated that the

Disciplinary Authority, after appreciating the

enquiry proceedings and findings of the Enquiry

Officer, came to a firm and definite conclusion that

all the charges levelled against the Workman have

been proved. The Employer stated that the

Disciplinary Authority, therefore while issuing a

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

also issued/enclosed his separate reasoning as to

why and how the Disciplinary Authority differ with

the findings of the Enquiry Officer on the remaining

charges, which according to the Enquiry Officer are

not proved and how the said charges are also proved

against the Workman. The Employer stated that the

Disciplinary Authority, while issuing the said

show-cause notice, enclosed the findings of Enquiry

Officer and his own findings. The Employer stated

that they had given 7 days’ time to the Workman to

file his reply to the said show-cause notice. The

Employer stated that the Workman, by his letter

dated 24-02-2004 requested for extension of two

months’ time to file the reply to the said show-cause

notice. The Employer stated that they, by its letter

dated 10-03-2004 granted two months’ time to file

his reply. The Employer stated that the Workman filed

his reply dated 08-05-2004 to the aforesaid

show-cause notice of the Employer dated 17-02-2004.

The Employer stated that the Workman, vide his reply

dated 08-05-2004 denied the charges levelled against

him and further submitted that the Disciplinary

Authority has no power to differ from the findings of

the Enquiry Officer.

16. The Employer stated that some of other

workers concerned in the same enquiry and who had

been also issued similar show-cause notices, filed

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

before the Hon’ble High Court of Bombay at Panaji

Bench, challenging the validity of show-cause notice

issued by the Employer. The Hon’ble Court observed

that before the Disciplinary Authority differs with

the view of the Enquiry Officer and proposed to come

to a different conclusion, a reasonable opportunity

of hearing should be granted to the workmen to show-

cause against the reversal of the findings, which

have been recorded in his favour by the Enquiry

Officer. The Hon’ble Court further observed that the

Respondent (the Employer) will be at liberty to issue

a show-cause notice to the Petitioners for showing

cause against the proposal of the Disciplinary

Authority, taking a different view from the view taken

by the Enquiry Officer.

17. The Employer stated that in view of the

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

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

show-cause notice and issued a fresh show-cause

notice enclosing the reasoning of the Disciplinary

Authority, as to why he is differing from the findings

of the Enquiry Officer and asked to show-cause to

indicate the reasons as to why the Disciplinary

Authority should not differ from the findings of the

Enquiry Officer to the extent of holding him guilty of

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

impugned charge-sheet. The Employer stated that

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

submitted his reply to the show-cause notice dated

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

explanation submitted by the Workman, vide his

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

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

his explanation within 7 days from the receipt of the

said show-cause notice. The Employer stated that

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

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

show-cause notice. The Employer stated that they,

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

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

cause notice. The Employer further submitted that

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

submitted his explanation to the said show-cause

notice. The Employer stated that after carefully going

through the said explanation of the Workman, they

found that it was far from satisfactory and further

observed that the points and objections raised by

the Workman were not at all relevant and contrary to

the facts of the case, circumstances and situation

arising out of the misconducts committed by the

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Workman. The Employer stated that having regards

to the gravity of the charges found proved against

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

dismissed the Workman as per the provisions of the

Certified Standing Orders applicable to the

establishment.

18. The Employer submitted that while dismissing

the Workman from the services, they did follow the

procedure of law and full and fair opportunity was

given to the Workman to defend his case while

conducting the enquiry. The Employer submitted

that the enquiry was conducted by following the

principles of natural justice. The Employer submitted

that the entire action on the part of the Employer is

arising out of the principles of natural justice and

observations made by the Hon’ble High Court. The

company further submits that entire action of the

Employer is within the parameter and provisions of

the law and this Hon’ble Tribunal should not interfere

with the bonafide decision of the Employer.

19. Without prejudice the Employer further

submits that assuming without admitting if this

Hon’ble Tribunal comes to the conclusion that the

enquiry has not been conducted by following

principles of natural justice or that the findings of

the Enquiry Officer/Disciplinary Authority is/are

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

come to such conclusion), the company crave leave

to lead additional evidence to justify its action of

dismissal of the Workman.

20. Thereafter the Workman filed his Re-joinder on

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

Re-joinder denied each and every statement,

averments and submissions made by the Employer

vide their Written Statement filed in the present

proceedings and reiterates and confirms the

statements, averments and submissions made by him

in his statement of claim.

21. Based on the pleadings filed by the respective

parties this Hon’ble Court framed the following issues

on 17-11-2009 at Exb. 26.

1. Whether a fair & proper enquiry was

conducted against the Workman/Party I

pertaining to the alleged misconduct?

2. Whether the Workman/Party I prove that the

findings submitted by the Enquiry Officer are

valid and legal?

3. Whether the Workman/Party I prove that the

action of the Disciplinary Authority to differ

from the findings given by the Enquiry Officer

is illegal null and void?

4. Whether the charges of alleged misconduct

leveled against the Workman/Party-I are

proved to the satisfaction of this court by

acceptable evidence?

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

action of the Party-II/Employer in terminating

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

unjustified?

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

present Order of Reference is bad in law view

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

Written Statement?

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

to any relief?

8. What Award? What Order?

22. My answers to the aforesaid issues are as

under:

a) Issue No. 1

: In the affirmative.

b) Issue No. 2

: Partly in the affirmative and

partly in the negative.

c) Issue No. 3

: In the negative.

d) Issue No. 4

: Partly in the affirmative and

partly in the negative.

e) Issue No. 5

: In the affirmative.

f)

Issue No. 6

: In the negative.

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

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

Shri Subhash Naik appearing for the Workman as well

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

Employer. Both the parties also filed their synopsis

of written arguments respectively. I have carefully

perused the entire records of the present case. I have

also carefully considered the submissions advanced

before me.

REASONS:

Issue No. 1:

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

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

been held that a fair and proper enquiry was

conducted against the Workman in consonance with

the principles of natural justice as well as with the

provisions of the Certified Standing Orders of the

Employer in respect of charge-sheet dated

12-05-1998 issued to him. The issue No. 1 is therefore

answered in the affirmative.

Issue No. 2:

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

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

been held that the Employer partly proved the

charges of misconduct to the satisfaction of this court

by acceptable evidence against the Workman, in

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

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129

extent of proving the charges of misconduct at

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

remaining charges of misconduct i.e. at Clause No. 29

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

Standing Orders, have not been proved. The Issue

No. 2 is therefore answered partly in the affirmative

and partly in the negative.

Issue No. 3:

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

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

been held that the Workman failed to prove that the

action of the disciplinary authority to differ from the

findings given by the Enquiry Officer is illegal, null

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

the negative.

Issue No. 4:

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

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

been held that the Employer partly proved the

charges of misconduct to the satisfaction of this court

by acceptable evidence against the Workman, in

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

extent of proving the charges of misconduct at

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

remaining charges of misconduct i.e. at Clause No. 29

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

Standing Orders, have not been proved. The Issue

No. 2 is therefore answered partly in the affirmative

and partly in the negative.

Issue No. 5 & 7:

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

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

been held that the Employer partly proved the

charges of misconduct to the satisfaction of this court

by acceptable evidence against the Workman, in

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

extent of proving the charges of misconduct at

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

remaining charges of misconduct i.e. at Clause No. 29

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

Standing Orders, have not been proved.

28. The Employer therefore decided to lead fresh

evidence before this Hon’ble Court in respect of the

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

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

Orders which has not been proved before the

domestic inquiry. In order to prove the aforesaid

misconduct, the Employer has examined the

witnesses namely, Shri Damodar Desai and Mr. Kishor

Manohar Samant, the Addl. General Manager (Legal).

In rebuttal, the Workman examined himself before

this Hon’ble Court. All the witnesses examined by

either parties, were thoroughly cross examined.

29. Though, it was necessary to prove the unproved

charges by fresh and independent evidence, the

Employer failed to adduce any fresh and independent

evidence. The Employer however, once again

examined Shri Damodar Dessai, who had examined

before the Ld. Enquiry Officer and produced on record

the same documents i.e. of proceedings of the

enquiry complaint, dated 03-01-1998 against

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

him and others, complaint of assault dated

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

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

03-01-1998, report regarding Rioting Incident dated

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

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

Dy. Inspector General of Police, Panaji to the

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

said Shri Damodar Dessai is more or less the same.

The said witness also could not produce the

documentary evidence to establish the case in

respect of unproved charges.

30. I have carefully gone through in detail, the

evidence led by the Employer of Shri Damodar Desai

as well as Shri Kishor Samant and on going through

the same, there is no substantial evidence to prove

the allegations that the workmen were restrained,

detained or gheraoed by the workmen either inside

or outside premises of the Employer Company.

Similarly, there is no substantial acceptable evidence

to prove the allegations and to prove the charge that

any abusive or insulting language or any sort of

threat or assault, intimidation or coercion was done

by the workmen within the premises of the Employer

Company, which is directly effecting the discipline

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

that the Employer failed to prove that the charges of

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

29 (XLI) of its Certified Standing Orders.

Thus, it is held that the Employer could prove the

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

and 29 (XII) of its Certified Standing Orders.

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

Orders states that going on illegal strike or awaiting,

inciting, instigating or acting in furtherance thereon

or resorting to obstruction aimed at or resulting in

paralyzing the normal conduct or work of the

company. Clause 29(XI) states that drunkenness,

riotous, disorderly, indecent or improper behaviour

on the premises of the establishment or outside the

premises of the establishment if it adversely affects

or is likely to affect the working or discipline of the

establishment. Clause 29 (XII) states that commission

of any act subversive of discipline or good behaviour

on the premises or precincts of the establishment.

130

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 4

27TH APRIL, 2023

Thus, the charges of misconduct proved against the

Workman are not serious enough to warrant the

termination of services. Taking into consideration the

proved charges of misconduct as well as

unblemished past service record of the Workman, the

punishment of dismissal imposed on him is too harsh

and shockingly disproportionate especially since

there is not even an allegation that the misconduct

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

the Employer in terminating the services of the

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

The Issue No. 5 is therefore answered in the

affirmative.

32. Now the question is with regards to the proved

charges against the concerned Workman whether

any relief could be granted to the concerned

workmen or not.

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

Employer submitted that the Employer terminated

the services of the Workman on account of loss of

confidence in him and as such the Workman is not

entitled for reinstatement in service. In support of

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

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

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

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

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

relying upon the judgment State Bank of Travancore

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

cases, summarized the Principles and held as under:

“31. When an employee acts in a manner by which

the management loses confidence in him, his

reinstatement cannot be ordered because it

would neither be desirable nor expedient to

continue the employee in service. It may also be

detrimental to the discipline or security of the

establishment. In case of loss of confidence, only

compensation can be awarded.

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

has to be bonafide. Loss of confidence cannot

be subjective. It has to rest on some objective

facts, which would induce a reasonable

apprehension in the mind of the management

regarding the trustworthiness of the employee

and the power has to be exercised by the

employer objectively in good faith, which means

honestly with due care and prudence.

Otherwise, a valuable right of reinstatement to

which an employee is ordinarily entitled to, on a

finding that he is not guilty of any misconduct,

will be irretrievably lost to the employee.

33. The bonafide opinion formed by the employer

about the suitability of his employee for the job

assigned to him, even though erroneous, is final

and not subject to review by the industrial

adjudication.

34. In case of misconduct resulting in loss of

confidence, the employer is not bound to hold

any inquiry to visit the employee with penal

action even if such reason happens to be

misconduct of the employee. The employer, in

its discretion, may invoke the power to

discharge simpliciter for loss of confidence while

dispensing with inquiry into the conduct of the

workman. The departmental inquiry in such a

case is not necessary.

35. The reinstatement of an employee terminated

for loss of confidence cannot be ordered even if

the inquiry held by the employer has been held

to be bad.

36. The reinstatement of an employee terminated

for loss of confidence for involvement in a

criminal case cannot be directed even if the

employee is able to secure a acquittal or

discharge in the criminal case.

37. The reinstatement has not been considered

desirable in cases where there have been

strained relationship between employer and

employee. The reinstatement is also denied

when an employee has been found to be guilty

of subversive or prejudicial activities. The

Courts have also denied reinstatement in cases

where long time has lapsed or where the

industry itself has become sick”.

The principle laid down by the Hon’ble High Court

of Delhi in its aforesaid case is applicable to the case

in hand.

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

the Labour Court to interfere with the punishment

given by the Employer. In my considered opinion,

although there is a case to interfere with punishment

by the Employer Company, they have lost its

confidence in the Workman as the said Employer

Company being a Government Company in the

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

grant reinstatement and/or back wages.

35. Having regards to the proved charges and loss

of confidence on the part of the Employer Company,

the ends of justice would be met through grant of

some lump sum amount to the concerned Workman.

Accordingly, the Employer company shall pay a sum

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

Workman. The said amount shall be paid by the

Employer Company within a month from the

publication of the Award, failing which it shall bears

a simple interest of 9% p.a.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 4

27TH APRIL, 2023

131

Issue No. 6:

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

objection, submitted that it is a public limited

company and public sector undertaking and that the

State Government is not the appropriate

Government, that it is a Central Government’s Public

Sector Undertaking and it is in the business of ship

building and ship repairs for Indian Navy and Coast

Guard, that its business is carried out and control

under the authority of Central Government, that it is

under the Administrative control of Ministry of

Defence, Department of Defence Production. The

Employer therefore submitted that the appropriate

Government in its case is Central Government and

not Government of Goa and that the Government of

Goa has no authority and/or jurisdiction to entertain

and refer the present dispute. The burden was cast

upon the Employer.

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

Government of India, Ministry of Labour, New Delhi

informed that in exercise of the powers conferred by

Section 39 of the Industrial Disputes Act, 1947, the

Central Government hereby directs that all the

powers exercised by it under the Act and the rules

made thereunder shall, in relation to all the Central

Public Sector undertakings and their subsidiaries,

corporation and autonomous bodies specified in

schedule annexed to its notification be also

exercised by the State Governments subject to the

condition that the Central Government shall

exercise all the powers under the said Act and Rules

made thereunder as and when it considers necessary

to do so. Thus, the appropriate Government under

Section 39 of the Industrial Dispute Act, 1947 have

been delegated to all the State Governments.

Hence, it is held that the Employer has failed to

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

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

its Written Statement. The Issue No. 6 is therefore

answered in the negative.

In view of above, I pass the following order.

ORDER

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

Private Limited, Vasco-da-Gama, Goa in

dismissing its Workman namely, Shri Mahesh

C. Naik, Mazdoor, with effect from 22-01-2005,

is illegal and unjustified.

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

Private Limited, Vasco-da-Gama, Goa shall pay

to the Workman Shri Mahesh C. Naik, a sum of

Rs. 5,00,000/- (Rupees five lakhs only) within a

period of one month from the date of publication

of the present Award, failing which it shall carry

an interest of 9% p.a.

3. Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II.

———uuu———

Department of Law & Judiciary

Law (Establishment) Division

–––

Order

No. 2-1-97/LD-Estt-Part-I/660

On the recommendation of the Hon’ble High

Court of Bombay at Mumbai, vide their Confidential

letter No. A.5504/G/2022/06 dated 09-03-2023 and

as per Rule 4 of Chapter-III of the Goa Judicial

Service Rules, 2013, the Governor of Goa is pleased

to appoint the following 07 Judicial Officers to the

post of District Judge by regular promotion in the

State of Goa with immediate effect:-

Sr. No.

Name of the Judicial Officers

1.

Shri Cholu Moga Gauns.

2.

Ms. Sharmila Anant Patil.

3.

Ms. Pooja Chandrakant Kavlekar.

4.

Shri Bosco Gaudentius F. Roberts.

5.

Ms. Vijayalaxmi Rajesh Shivolkar.

6.

Shri Ram Subrai Prabhudessai.

7.

Shri Sudhir Suresh Shirgaonkar.

By order and in the name of the Governor of

Goa.

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

Porvorim, 21st April, 2023.

————

Order

No. 2-1-97/LD-Estt-Part-I/661

On the recommendation of the Hon’ble High

Court of Bombay at Mumbai, vide their Confidential

letter No. A.5504/G/2022/07 dated 09-03-2023 and

as per Rule 4 of Chapter-III of the Goa Judicial

Service Rules, 2013, the Governor of Goa is pleased

to appoint the following 02 Judicial Officers to the

post of Ad-hoc District Judge under Fast Track

Courts’ Scheme in the State of Goa with immediate

effect:-

132

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 4

27TH APRIL, 2023

Sr. No.

Name of the Judicial Officers

1.

Ms. Apurva Ramnath Nagvenkar.

2.

Ms. Saee Anil Prabhudessai.

By order and in the name of the Governor of

Goa.

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

Porvorim, 21st April, 2023.

———uuu———

Office of the Collector & Returning Officer

North Goa District

–––

Notification

No. 6-19-2023/Veterinary Council/ELN/199

In exercise of the powers conferred by Rule 10 of

the Goa State Veterinary Council Rules, 1990, I, Shri

Ishwar Madkaikar, Returning Officer to the election

of the Goa State Veterinary Council, hereby publish

the programme of election of above said council as

under:-

Programme of Election

1. Date, time and place for

11-05-2023 from

filing of nominations

10.00 a. m. to 4.00 p. m.

in the Office of the

Collectorate, North

Goa District,

Panaji-Goa..

2. Date, time and place of

15-05-2023 from

scrutiny of nomination

10.00 a. m. to 4.00 p. m.

in the Office of the

Collectorate, North

Goa District,

Panaji-Goa.

3. Date, time and place for

17-05-2023 from

withdrawal of nomination

11.00 a. m. to 4.00 p. m.

in the Office of the

Collectorate, North

Goa District,

Panaji-Goa.

4. Date, time and place of

26-06-2023 from

poll if necessary

11.00 a. m. to 4.00 p. m.

in the Office of the

Collectorate, North

Goa District,

Panaji-Goa.

5. Date, time and place of

28-06-2023 from

counting of votes and

11.00 a. m. to 4.00 p. m.

declaration of result

in the Office of the

Collectorate, North

Goa District,

Panaji-Goa.

The nomination papers and other relevant details

shall be obtained from the office of the Returning

Officer for Goa State Veterinary Council,

Collectorate Building, North Goa District, Panaji-

-Goa.

Ishwar M. Madkaikar, Returning Officer for the

Goa State Veterinary Council.

Panaji, 26th April, 2023.

———uuu———

Department of Personnel

–––

Order

No. 7/27/2022-PER/1097

The Governor of Goa is pleased to appoint Shri

Prasad Lolayekar, IAS (AGMUT:2014) as Secretary to

Government, with immediate effect.

By order and in the name of the Governor of

Goa.

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

Porvorim, 18th April, 2023.

–––––—

Order

No. 7/17/2022-PER/1101

Shri Prasad Lolayekar, IAS (AGMUT:2014),

Secretary (Education) shall hold additional charge

of Director (Higher Education), with immediate

effect.

Shri Polumatla P. Abhishek, IAS (AGMUT:2017) is

appointed as OSD (Tourism), in addition to this own

duties, with immediate effect till 31-05-2023.

Smt. Sneha Gitte, IAS (AGMUT:2019), Director

(Environment) shall hold the additional charge of

Director (Vigilance), in addition to her own duties,

with immediate effect.

By order and in the name of the Governor of

Goa.

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

Porvorim, 18th April, 2023.

–––––—

Order

No. 6/8/2022-PER/1102

On the recommendation of the Goa Services

Board, the Governor of Goa is pleased to transfer

and post Shri Amarsen W. Rane, Director of Vigilance

as Director of Civil Aviation, in public interest, with

immediate effect.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 4

27TH APRIL, 2023

133

Shri Harish N. Adconkar, Managing Director,

GSIDC shall hold the charge of Director (PPP), in

addition to his own duties.

The officers shall complete handing over and

taking over process with immediate effect and

submit compliance.

By order and in the name of the Governor of

Goa.

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

Porvorim, 18th April, 2023.

————

Order

No. 13/02/2023-PER/1104

Whereas, Government vide Order No. 13/02/

/2023-PER/269 dated 31-01-2023 had granted

extension in service to Shri Uttam Parsekar, Principal

Chief Engineer, Public Works Department beyond

the date of his superannuation for a period of one

year w.e.f. 01-02-2023 to 31-01-2024, in public

interest, subject to Vigilance clearance, concurrence

of Finance Department and approval of Council of

Ministers;

And whereas, the Vigilance Department has

submitted Vigilance Clearance stating that, no

Disciplinary proceedings/Vigilance cases are

pending or being contemplated against Shri Uttam

Parsekar;

And whereas, the Finance Department vide its

U.O. No. 1400091736 dated 25-03-2023 concurred the

proposal for grant of extension in service to Shri

Uttam Parsekar, Principal Chief Engineer, Public

Works Department subject to Cabinet approval and

adherence of all Rules in force;

And whereas, the Council of Ministers in its

XXIInd meeting held on 06-04-2023 resolved to grant

ex-post facto approval for extension in service to

Shri Uttam Parsekar, Principal Chief Engineer, Public

Works Department beyond the date of his

superannuation for a period of one year w.e.f.

01-02-2023 to 31-01-2024 in public interest;

Now, therefore, the Government is pleased to

confirm the Order No. 13/02/2023-PER/269 dated

31-01-2023 granting extension in service to

Shri Uttam Parsekar, Principal Chief Engineer, Public

Works Department beyond the date of his

superannuation for a period of one year w.e.f.

01-02-2023 to 31-01-2024 in public interest.

By order and in the name of the Governor

of Goa.

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

Porvorim, 18th April, 2023.

Order

No. 4/5/2012-PER/1118

Government is pleased to post Shri Praveen R.

Volvotkar, Joint Director, Department of Information

Technology, Electronics and Communication as

Managing Director of Info Tech Corporation of Goa

Ltd. with immediate effect.

Shri Praveen R. Volvotkar shall be governed by

standard terms of deputation as amended from time

to time.

Shri Praveen R. Volvotkar shall continue to hold

the charge of Joint Director (IT) in addition to above.

By order and in the name of the Governor of

Goa.

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

Porvorim, 19th April, 2023.

————

Order

7/1/2023-PER/1173

On the recommendation of the Goa Public

Service Commission conveyed vide their letter No.

COM/I/5/79(1)/2022/475 dated 31-01-2023, the

Government of Goa is pleased to appoint Shri Vasu

Madhu Usapkar, as Director of Museum (Group “A”

Gazetted) (Goa General Service) in the Directorate

of Museum, Panaji on temporary basis in the Level-11

of C.C.S. (Revised Pay) Rules, 2016 with effect from

date of joining.

Shri Vasu Madhu Usapkar shall be on probation

for a period of two years.

Shri Vasu Madhu Usapkar has been medically

examined by the Medical Board and his character

and antecedents have been verified at the time of

appointment as Archivist (Management), Group “B”

Gazetted in the Directorate of Archives and

Archaeology.

By order and in the name of the Governor of

Goa.

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

Porvorim, 21st April, 2023.

————

Notification

No. 7/17/2022-PER/1100

Read:

1.

Notification No. 7/17/2022-PER/4036

dated 05-12-2022.

2.

Notification No. 7/27/2022-PER/781

dated 21-03-2023.

134

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 4

27TH APRIL, 2023

3.

Order No. 7/27/2022-PER/1097 dated

18-04-2023.

In partial modification to the Notifications read

in the preamble, the Governor of Goa is pleased to

order allocation of work/Departments amongst the

following Secretaries to the Government, with

immediate effect:-

Sr.

Name &

Departments/Additional

No.

Designation

Charges

1

2

3

1. Dr. Puneet Kumar

1.Vigilance/Chief

Goel, IAS (1991)

Vigilance Officer.

Chief Secretary

2. Home.

3. Personnel & ARD.

4. PWD.

5. Civil Aviation.

6. Pr. Secretary, Mines and

Geology.

7. Forest.

8. Town & Country

Planning.

2. Shri Subhash

1. Water Resources.

Chandra, IAS

2. Social Welfare.

(2009)

3. Provedoria.

Secretary

4. Information & Publicity.

(Water Resources)

5. Transport.

6. Legal Metrology.

1

2

3

3. Shri Sarpreet Singh

1. Tribal Welfare.

Gill, IAS (2009)

2. Animal Husbandry &

Secretary

Veterinary Services.

(Tribal Welfare)

3. Fisheries.

4. Public Grievances.

5. Official Language.

6. Commissioner, State

Taxes.

4. Shri Arun Kumar

1. Environment.

Mishra, IAS (2012)

2. Health.

Secretary

3. Women & Child

(Environment)

Development.

4. Agriculture.

5. Shri Ajit Roy, IAS

1. Secretary to Chief

(2013)

Minister.

Secretary to

2. Power.

Chief Minister

3. New & Renewable

Energy.

4. Mines & Geology.

6. Shri Prasad Lolayekar, 1. Education.

IAS (2014)

2. Skill Development &

Secretary (Education)

Entrepreneurship.

By order and in the name of the Governor of

Goa.

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

Porvorim, 18th April, 2023.

———uuu———

Department of Planning

Directorate of Planning, Statistics & Evaluation

–––

Order

No. DPSE/I/ADMN/Trans-CSC-Gazetted/2022-23/126

Government is pleased to order the transfer and posting of the following Officers of the Common

Statistical Cadre with immediate effect.

Sr.

Name of the Officer &

Present place of posting

Department/Office to which

No.

Designation

transferred

1

2

3

4

1.

Shri Francis V. D’Souza,

Directorate of Civil Supplies &

Directorate of Women & Child

Research Assistant

Consumer Affairs, Panaji-Goa

Development, Panaji-Goa,

against the vacant post of

Smt. Sunita B. Bhagat, Research

Assistant, transferred.

2.

Smt. Sunita B. Bhagat,

Directorate of Women & Child

Directorate of Civil Supplies

Research Assistant

Development, Panaji-Goa

& Consumer Affairs, Panaji-

-Goa, against the vacant post

of Shri Francis V. D’Souza

Research Assistant, transferred.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 4

27TH APRIL, 2023

135

A copy of joining report be submitted in this

Directorate for records.

This issues with the approval of the Government

vide U. O. No. 530 dated 18-04-2023.

By order and in the name of the Governor of

Goa.

Vijay B. Saxena, Director and ex officio Jt.

Secretary (Planning).

Porvorim, 18th April, 2023.

———uuu———

Department of Public Health

–––

Order

No. 6/1/2006-III/PHD/(Part-I)/552

On the recommendation of Goa Public Service

Commission conveyed vide their letter No. COM/

/II/12/35(1)/2022/523 dated 20-03-2023, the

Government is pleased to declare Shri Sudesh

Nanda Gaude, Assistant Professor in Psychiatric

Social Work in the Institute of Psychiatry and Human

Behaviour, Bambolim as having satisfactorily

completed his probation period of two years w.e.f.

19-08-2019 to 18-08-2021 and to confirm him in the

post of Assistant Professor in Psychiatric Social

Work in the Institute of Psychiatry and Human

Behaviour, Bambolim, with effect from the date of

completion of his probation period.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health-I).

Porvorim, 18th April, 2023.

Order

No. 47/60/2011-I/PHD/Part-I/558

Read: Memorandum No. 47/60/2011-I/PHD/1450

dated 18-11-2022.

Corrigendum No. 47/60/2011-I/PHD/1546

dated 08-12-2022.

On the recommendation of the Goa Public Service

Commission as conveyed vide letter No. COM/I/5/

/24(9)/2021/300 dated 19-10-2022, Government is

pleased to appoint Ms. Luana Agnes Mascarenhas

to the post of Dietician (Group ‘B’ Non Gazetted)

under the Directorate of Health Services in the

Level-6 Pay Matrix [PB: Rs. 9300+34800/- +Grade Pay

4200/- (pre-revised)].

Ms. Luana Agnes Mascarenhas shall be on

probation for a period of two years.

Ms. Luana Agnes Mascarenhas has been

declared medically fit by the Medical Board, and

character and antecendents has been verified by

the Additional Collector and ADM, North Goa and

there is nothing adverse reported against Ms.

Mascarenhas.

Ms. Luana Agnes Mascarenhas is posted at

Community Health Centre, Pernem-Goa.

By order and in the name of the Governor of

Goa.

Trupti Manerkar, Under Secretary (Health-II)

(Link).

Porvorim, 19th April, 2023.

———uuu———

Department of Revenue

–––

Order

No. 26/11/2015-RD/490

The Government of Goa is pleased to transfer the following Officers, in the public interest with

immediate effect.

Sr.

Name of the Officer

Present posting

New place of posting

No.

1

2

3

4

1.

Shri Patrick Gonsalves, ISLR

Inspector of Survey &

Inspector of Survey & Land

Land Records, Salcete

Records, Mapusa.

2.

Shri Rajesh Kuchelkar, ISLR

Inspector of Survey &

Inspector of Survey & Land

Land Records, Mapusa

Records, Ponda.

3.

Shri Anand Vaigankar, ISLR

Inspector of Survey &

Inspector of Survey & Land

Land Records, Ponda

Records, Vasco.

136

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 4

27TH APRIL, 2023

1

2

3

4

4.

Shri Savio Silveira, ISLR

Inspector of Survey &

Inspector of Survey & Land

Land Records, Vasco

Records, Dharbandora.

Shri Chetan Jadhav, ISLR, Margao (City Survey) shall hold additional charge of ISLR, Salcete, in addition

to his own duties.

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

Durga Kinlekar, Under Secretary (Revenue-I).

Porvorim, 18th April, 2023.

———uuu———

Department of Sports and Youth Affairs

Directorate of Sports and Youth Affairs

–––

Order

No. 10/promotion/Officiating/AD/DSYA/ADM//2023/205

Sanction of the Government is hereby conveyed for officiating promotion/charge of Asstt. Director

(Sports) to the senior most APEO of this Directorate of Sports & Youth Affairs.

Shri John Fernandes, Asstt. Physical Education Officer shall hold the officiating promotion/charge of

Asstt. Director (Sports) with immediate effect until further orders.

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

Rohit Kadam, Director (Sports & Youth Affairs) & Joint Secretary (ex officio).

Panaji, 20th April, 2023.

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