Goa Gazette, No. 2324-6, 11 May 2023

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

RNI No. GOAENG/2002/6410

SERIES II No. 6

Panaji, 11th May, 2023 (Vaisakha 21, 1945) PUBLISHED BY AUTHORITY

Note:- There are two Extraordinary issues to the Official Gazette, Series II No. 5 dated 04-05-2023 as follows:—

(1) Extraordinary dated 04-05-2023 from pages 169 to 172 regarding Orders from Department of Home.

(2) Extraordinary (No. 2) dated 08-05-2023 from pages 173 to 178 regarding Order and Notification from Goa State Election Commission.

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

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Order

No. 2/14/95/2023-24/Agri(Part)/Vol.II/207

Government is pleased to order the transfer of the following Group 'B' Gazetted Officers of this Department as indicated below against their names with immediate effect:

Sr. Name of the Officer Place of present posting Place of posting on transfer No.

1 2

1. Shri Sameer B. Naik Zonal Agriculture Office, Mapusa O/o. Assistant Director of Agriculture (FT), Ela, Old Goa vice Shri Yeshwant Gawas transferred.

2. Shri Yeshwant Gawas O/o. Assistant Director of Agriculture Zonal Agriculture Office, Tiswadi, (FT), Ela, Old Goa vice Kum. Diksha S. Naik transferred.

3. Kum. Diksha S. Naik Zonal Agriculture Office, Tiswadi Directorate of Agriculture, Head Quarter against the vacant post transferred from Government Agriculture farm, Codar, Ponda under the B.H. 2401,00,001,02,01 Salaries.

4. Shri Navnath S. Pisurlekar Zonal Agriculture Office, Ponda Zonal Agriculture Office, Bicholim against the vacant post under the B.H. 2401-00-001-03-01 Salaries.

5. Kum. Galgani P. Miranda Zonal Agriculture Office, Quepem Directorate of Agriculture, Head Quarter against the vacant post transferred from District Agriculture Office (South), Margao under the B.H. 2401-00-001-02-01 Salaries.

Suggestions are welcomed on e-mail: [email protected] 179 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

1 2

6. Shri Omkar Desai Zonal Agriculture Office, Ponda Directorate of Agriculture, Head Quarter against the vacant post transferred from District Agriculture Office (South), Margao under the B.H. 2401-00-001-03-01 Salaries.

This is issued with approval of Government vide entry No. 1032 dated 12-04-2023.

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

Nevil Alphonso, Director (Agriculture) & ex officio Jt. Secretary.

Tonca, Caranzalem, 8th May, 2023.

———uuu———

Department of Animal Husbandry & Veterinary Services

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Order

No. 2/2/79-AH (Part)/2023-24/440

Government is pleased to order the transfer of the following Veterinary Officers in the Directorate of Animal Husbandry & Veterinary Services, with immediate effect and in public interest to the stations as indicated against their names:-

Sr. No. Name with designation Present place of posting New place of posting

1. Dr. Gavin D. Furtado, Veterinary Veterinary Dispensary, Veterinary Dispensary, Officer

Sanguem Canacona.

2. Dr. Anisha Carol Pinheiro, Veterinary Veterinary Dispensary, Veterinary Hospital, Officer Canacona Sonsodo.

The Officers shall be entitled for transfer TA/DA as per rule, however if the transferee does not change their place of residence from old station to new, they will not be entitled for transfer TA as per the Rules in force.

The Officers shall join their new place of posting with immediate effect.

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

Dr. Agostinho Misquita, Director & ex officio Joint Secretary (AH).

Panaji, 8th May, 2023.

———— Order

No. 2/2/79-AH (Part-I)/2023-24/521

Government is pleased to order the transfer of the following Assistant Directors in the Directorate of Animal Husbandry & Veterinary Services, with immediate effect and in public interest to the stations as indicated against their names:-

Sr. No. Name with designation Present place of posting New place of posting

1 2

1. Dr. Shirishkumar S. Betkekar, Head Office, Panaji with Head Office, Panaji.

Assistant Director additional charge of I/c

Government Livestock Farm, Dhat Mollem & Fodder Seed Production Farm, Kalay

Assistant Director Raia

2. Dr. Atanazia T. Fernandes, Veterinary Hospital, Sonsodo, Veterinary Hospital, Sonsodo, Raia, with additional charge of I/c180 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023 1 2

Government Livestock Farm, Dhat Mollem & Fodder Seed Production Farm, Kalay.

The Officers shall join their new place of posting with immediate effect.

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

Dr. Agostinho Misquita, Director & ex officio Joint Secretary (AH).

Panaji, 9th May, 2023.

———u———

Order

Directorate of Animal Husbandry & Veterinary

Services –––

No. 2-14-93-AH/Part-IV/2023-24/439

Read: No. 2-14-93-AH/Part-IV/2022-23/5647 dated

Order

No. 2-14-93-AH/Part-IV/2023-24/438

Read: No. 2-14-93-AH/Part-IV/2022-23/5648 dated

04-01-2023.

On the recommendation of the Goa Public Service Commission as conveyed vide their letter No. COM/ /I/5/3(1)/2020/341 dated 16-11-2022, the Government of Goa is pleased to appoint Dr. Vrishabha Vishwas Naik to the post of "Veterinary Officer", Group 'B' Gazetted under OBC Category in the Directorate of Animal Husbandry & Veterinary Services, Panaji, Goa on regular basis in the Pay Scale of PB-2: Rs. 9300-34800/- with Grade Pay of Rs. 4600/- plus 20% NPA (Level-7 of the 7th Pay Commission) and other allowances as applicable.

His appointment will take effect from the date of his joining the post. His character and antecedents have been verified by the District Magistrate, South Goa and he has been declared medically fit by the Medical Board, Goa Medical College, Bambolim. Upon joining the service, he shall be posted at Government Livestock Farm, Dhat Mollem.

He shall draw his salary under Budget Head Demand No. 65 "2404—Dairy Development, 00—, 102—Dairy Development Project, 06—Government Livestock Farm (Plan), 01—Salaries."

The above Officer shall be on probation for a period of 2 years from the date of joining the post.

By order and in the name of the Governor of

Goa.

Dr. Agostinho Misquita, Director & ex officio Joint

Secretary (AH).

Panaji, 8th May, 2023.

04-01-2023.

Gazetted under PWD Category in the Directorate of Animal Husbandry & Veterinary Services, Panaji, Goa on regular basis in the Pay Scale of PB-2: Rs. 9300-34800 with Grade Pay of Rs. 4600/- plus 20% NPA (Level-7 of the 7th Pay Commission) and other allowances as applicable.

Her appointment will take effect from the date of her joining the post. Her character and antecedents have been verified by the District Magistrate, South Goa and she has been declared medically fit by the Medical Board, Goa Medical College, Bambolim. Upon joining the service, she shall be posted at

Veterinary Dispensary, Sanguem.

She shall draw her salary under Budget Head Demand No. 65 "2551—Hill Areas, 01—Western Ghats, 800—Other Expenditure, 01—Dairy Development (Plan), 01—Salaries."

The above Officer shall be on probation for a

period of 2 years from the date of joining the post.

By order and in the name of the Governor of

Goa.

Dr. Agostinho Misquita, Director & ex officio Joint

Secretary (AH).

Panaji, 8th May, 2023.

181 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

Department of Captain of Ports

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Department of Co-operation

Office of the Registrar of Co-operative Societies

Order

No. A 12046/1214

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Order

Read: 1. Memorandum No. A 11022/2021/Tech.

Sup(Ports)/COP/283 dated 30-01-2023.

2. Letter No. 4/105/85-H/GMC/2023/339

dated 27-04-2023.

3. Letter No. 36/09/2023/MISC/MAG/245/

/X/M.O. 981 dated 30-03-2023.

On the recommendations of the Goa Public

Service Commission as conveyed vide their letter No. COM/I/5/13(3)/2021/423 dated 23-12-2022, Government is pleased to appoint Shri Arjun L. Fadate as Technical Superintendent (Ports), (Group 'B' Gazetted), in the Captain of Ports Department, Panaji, in the Level 9 of the Pay Matrix (Pre-revised

PB-2 Rs. 9300-34800 + Rs. 5400 GP) with effect from the date of joining the post, as per the terms and conditions contained in the Memorandum cited above.

He shall be on probation for a period of two years.

Shri Arjun L. Fadate has been declared fit by the

Medical Board of the Goa Medical College, Bambolim vide Certificate dated 24-04-2023 forwarded vide letter No. 4/105/85-H/GMC/2023/339 dated 27-04-2023. Further, his character and antecedents have been verified through the District Collector, South vide letter No. 36/09/2023/MISC/

/MAG/245/X/M.O. 981 dated 30-03-2023 and nothing adverse has been reported.

This appointment is made against the vacancy caused due to superannuation of Shri Stephen S. Braganza. The post of Technical Superintendent (Ports) has been approved by High Level

Empowered Committee (H.L.E.C.) as per the final sanctioned staff strength of the Department vide Order No. COP/2012/2/Corresp.(PER)/Part-III(Part)/ /1297 dated 15-05-2020.

The appointee shall draw his salaries against the Budget Head: 3051—Por ts & Lighthouses,

02—Minor Por ts, 800—Other Expenditure, 01—Navigational Aid, 01—Salaries.

By order and in the name of the Governor of

Goa.

Shri Vikas S. N. Gaunekar, Captain of Ports & ex

officio Joint Secretary.

Panaji, 5th May, 2023.

No. 60/188/M.O.C/W-II/RCS/358

Read: Letter No. R-11016/52/2022-CTP dated 17-03-2023 from Joint Secretary to the Government of India, Ministry of Co-operation, CTP Division, New Delhi.

Vide above read letter, it is informed that the Union Cabinet in its meeting held on 15-02-2023 has approved the plan for "Strengthening Co-operative Movement in the Country and Deepening its Reach up to the Grassroots" by setting up new multipurpose PACS or dairy/fishery primary Co-operative Societies in each uncovered Panchayat/village in the country as the case may be, and strengthening existing PACS and dairy/ /fishery co-operatives through convergence of various identified Schemes of Government of India.

In order to ensure smooth and effective implementation of the plan, an Inter-Ministerial Committee (IMC) has been constituted under the Chairmanship of Hon'ble Union Minister for Co-operation.

A National Level Co-ordination Committee (NLCC) under the Chairmanship of Secretary (Co-operation), Government of India has also been constituted to steer the overall implementation of the Scheme.

The implementation plan requires all the States/ /UTs to constitute State Co-operative Development Committee (SCDC) at the State level and District Co-operative Development Committee (DCDC) in each District in order to ensure implementation of the plan. The Government has constituted the State Co-operative Development Committee (SCDC) for the State of Goa.

Now, therefore in accordance with the implementation plan, the Government is pleased to constitute the District Co-operative Development Committees (DCDC) for the North Goa and South Goa Districts as under.

A. District Co-operative Development Committee

(DCDC) for North Goa District:

1. District Collector (North) — Chairperson.

2. CEO, Zilla Panchayat (North) — Member.

3. Additional Collector-I (North) — Member.

182 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

4. Deputy Registrar of — Convener.

Co-operative Societies (Tech.)/ /District Level Incharge (North)

5. Deputy Director of Animal — Member.

Husbandry & Veterinary Services

6. Deputy Director of Fisheries — Member.

7. Deputy Director of Agriculture — Member.

8. Representative not below the — Member.

rank of General Manager of the Goa State Co-operative Bank Ltd.

9. District Development Manager — Member.

(DDM)/Representative for Goa Regional office of NABARD

10. Representative of NDDB — Member.

11. Representative of NFDB — Member.

12. Managing Director of the — Member.

Goa State Co-operative Milk Producer's Union Ltd., Curti, Ponda-Goa

B. District Co-operative Development Committee

(DCDC) for South Goa District:

1. District Collector (South) — Chairperson.

2. CEO, Zilla Panchayat (South) — Member.

3. Additional Collector-I (South) — Member.

4. Deputy Registrar of — Convener.

Co-operative Societies (Admin.)/District Level Incharge (South)

5. Deputy Director of Animal — Member.

Husbandry & Veterinary Services

6. Deputy Director of Fisheries — Member.

7. Deputy Director of Agriculture — Member.

8. Representative not below — Member.

the rank of General Manager of the Goa State Co-operative Bank Ltd.

9. District Development Manager — Member.

(DDM)/Representative for Goa Regional office of NABARD

10. Representative of NDDB — Member.

11. Representative of NFDB — Member.

12. Managing Director of the — Member.

Goa State Co-operative Milk Producers' Union Ltd., Curti, Ponda-Goa

The role and responsibilities of the District Co-operative Development Committee (DCDC) are as under:

1. To ensure regular and timely updation of

National Co-operative Database.

2. To prepare the District Plan for setting up of new multipurpose PACS or primary dairy/ /fishery Co-operative Societies on the basis of the gap analysis from National Co-operative Database.

3. To ensure that all the Panchayats/Villages in the district are covered by multipurpose PACS or primary dairy/fishery Co-operative Societies as the case may be.

4. To establish linkages of existing and new primary Co-operative Societies with State Co-operative Bank and/or their respective District/Block level federations, if any, with the support of State Government and other stakeholders concerned. If District/Block level federations are not existent, then linkages may be established with the Federations present in nearby District/Block.

5. To facilitate setting up of District level federations, if not presently existent, as per requirement and viability assessment, in co-ordination with State Government and stakeholders concerned.

6. To facilitate registration of new primary Co-operative Societies with the support of Registrar of Co-operative Societies.

7. To ensure dovetailing of various schemes of Government of India at the level of PACS or primary dairy/fishery Co-operative Societies to improve their viability and make them vibrant economic entities.

8. To provide all necessary infrastructure and logistical support to primary Co-operative Societies at the Panchayat/Village level, including allotment of Government/Gram Sabha land to PACS.

9. To co-ordinate with all stakeholders concerned and provide all necessary support for ensuring implementation of the plan at the ground level.

10. Any other related matters.

The DCDC shall abide by the guidelines for the implementation of the plan. The Department of Co-operation shall be the convener of the DCDC.

By order and in the name of the Governor of

Goa.

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

Panaji, 2nd May, 2023.

183 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

7. Director of Agriculture, — Member.

Order

No. 60/188/M.O.C/W-II/RCS/359

Read: Letter No. R-11016/52/2022-CTP dated 17-03-2023 from Joint Secretary to the Government of India, Ministry of Co-operation, CTP Division, New Delhi.

Vide above read letter, it is informed that the Union Cabinet in its meeting held on 15-02-2023 has approved the plan for "Strengthening Co-operative Movement in the Country and Deepening its Reach up to the Grassroots" by setting up new multipurpose PACS or Dairy/Fishery Primary Co-operative Societies in each uncovered Panchayat/Village in the country as the case may be, and strengthening existing PACS and Dairy/ /Fishery Co-operatives through convergence of various identified Schemes of Government of India.

In order to ensure smooth and effective implementation of the plan, an Inter-Ministerial Committee (IMC) has been constituted under the Chairmanship of Hon'ble Union Minister for Co-operation.

A National Level Co-ordination Committee (NLCC) under the Chairmanship of Secretary (Co-operation), Government of India has also been constituted to steer the overall implementation of the Scheme.

Now, therefore in accordance with the implementation plan, the Government is pleased to constitute the State Co-operative Development Committee (SCDC) for the State of Goa as under.

State Co-operative Development Committee (SCDC):

1. Chief Secretary, — Chairperson.

Government of Goa

2. Secretary (Co-operation), — Convener.

Government of Goa

3. Secretary (Animal Husbandry — Member.

& Veterinary Services), Government of Goa

4. Secretary (Fisheries), — Member.

Government of Goa

5. Secretary (Rural Development), — Member.

Government of Goa

6. Additional Secretary (Finance), — Member.

Government of Goa

8. Joint Secretary (Revenue), — Member.

Government of Goa

9. Registrar of Co-operative — Member.

Societies, Government of Goa

10. A Representative from — Member.

National Bank for Agriculture and Rural Development (NABARD), Goa Regional Office

11. A Representative from — Member.

Regional Office of National Co-operative Development Corporation (NCDC)

12. A Representative from — Member.

Regional Office of National Dairy Development Board (NDDB)

13. A Representative from — Member.

Regional Office of National Fisheries Development Board (NFDB)

14. Chairman of the Goa State — Member.

Co-operative Bank Ltd., Panaji

15. Chairman of the Goa State — Member.

Co-operative Milk Producers' Union Ltd., Curti, Ponda, Goa

The roles and responsibilities of the State Co-operative Development Committee (SCDC) are as under.

1. To ensure that all the Panchayats/Villages in the State are covered by Multipurpose PACS or primary dairy/fishery co-operative societies, as the case may be.

2. To review the district-wise action plan for setting up new multipurpose PACS or primary dairy/fishery co-operative societies with a total target of establishing two lakh such societies in the next five years across the country.

3. To extend all necessary support in preparation and updation of National Co-operative Database.

4. To prepare an action plan in co-ordination with NABARD, NDDB, NFDB, NAFSCOB, NCDFI & FISHCOPED to set up State/District level federations if not presently existent, as per requirement and viability assessment.

5. To assist in establishing linkages of existing and new primary co-operative societies with State Co-operative Bank and/or their respective District and State level Federations.

184 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

6. To ensure convergence of various Schemes of Government of India at the level of PACS or dairy/fishery primary co-operative societies to make them vibrant economic entities.

7. To provide all necessary policy support for creation of infrastructure at the level of Co-operative Societies, including allotment of Government/Gram Sabha land to PACS.

8. To extend all necessary support to District Co-operative Development Committees (DCDC) for implementation of the plan at the grassroot level.

9. To monitor the progress of implementation of

the action plan at the State Level.

10. Any other related matters.

The sub-classification of the society appearing in the Registration Certificate referred at Sr. No. 01, be read as "Sattari Multipurpose Co-op. Society Ltd., Valpoi, Sattari-Goa" in place of "Sattari Urban Co-op. Credit Society Ltd., Valpoi, Sattari-Goa'' under classification No. 10(c) under sub-rule (1) of Rule 8 of the Goa Co-op. Societies Rules, 2003.

Hemant S. Khedekar, Spl. Auditor/Co-op. Officer Co-op. Societies, Bicholim Zone, Unit Incharge-III.

Sankhali, 25th April, 2023.

———uuu———

Department of Education, Art & Culture

Directorate of Education

–––

Order

The SCDC shall abide by the guidelines for the implementation of the plan. The Department of Co-operation shall be the convener of the SCDC.

By order and in the name of the Governor

of Goa.

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

Panaji, 2nd May, 2023.

———u———

Office of the Asstt. Registrar of Co-operative Societies

–––

No. 3-29/11-12/ARBZ/Urban/Reg/115

Read: 1. Certificate of Registration dated 05-12-1995 of The Sattari Urban Co-op. Credit Society Ltd., Valpoi, Sattari-Goa.

2. This office Memo No. 3-29/11-12/ARBZ/ /Urban/Reg/1422 dated 30-03-2023.

3. This office Order No. 3-29/11-12/ARBZ/

/Urban/Reg/115 dated 25-04-2023.

No. 1-(2)-10-2003/SE/22

Smt. Kavita M. Naik Gaunkar, Deputy Education Officer, Central Educational Zone, Panaji, Goa shall hold the additional charge of the Principal, Dr. T.B. Cunha Higher Secondary School, Campal, Panaji, Goa with immediate effect until further orders in addition to her own duties. The date of joining should be communicated to this office.

This issues with the approval of Government vide

U.O. No. 658/F dated 02-05-2023.

By order and in the name of the Governor of

Goa.

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

officio Joint Secretary.

Porvorim, 8th May, 2023.

———uuu———

Department of General Administration

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Notification

4. Letter No. SUCCSL/HO/2023-2024/13 dated 18-04-2023 from Managing Director of the Sattari Urban Co-op. Credit Society Ltd., Valpoi, Sattari-Goa, surrendering therewith the original Certificate of Registration of the society.

Consequent upon the change in sub-classification vide amendment as Sr. No. 02 of the above, the Certificate of Registration of the Sattari Urban Co-op. Credit Society Ltd, Valpoi, Sattari-Goa is amended as under:-

Amended Certificate of Registration

The Certificate of Registration dated 05-12-1995 bearing code symbol No. RES-(a)-22/NZ/Goa stands amended with immediate effect to the following extent:-

No. 2/2/2010-GAD-III/1727

In exercise of the powers conferred by the explanation to Section 25 of the Negotiable Instruments Act, 1881 (Act 26 of 1881) delegated by the Government of India, Ministry of Home Affairs, New Delhi, vide Notification No. U-11030/2/73-UTL dated 28-06-1973, read with Section 135B of the Representation of the People Act, 1951 (Central Act 43 of 1951), the Government of Goa hereby declares Wednesday, the 10th May, 2023 (Vaisakha 20, Saka 1945) as a "Paid Holiday" being the "Polling Day" for the General Elections to the Karnataka Legislative Assembly, 2023 to the electors of Karnataka State.

185 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

Department of Home

Home—General Division

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Order

The aforesaid holiday shall be a "paid holiday", in addition to the holidays indicated in the Notification No. 37/4/2022-GAD-III/3661 dated 19-10-2022, published in the Official Gazette, Series II No. 30 dated 27-10-2022, to the establishments as detailed below:-

(i) industrial workers of the State of Goa;

(ii) daily wage workers of the Government Departments and State Government Industrial Departments;

(iii) commercial and industrial workers of private

establishments in the State of Goa;

(iv) all private establishments;

(v) daily wage/casual workers employed in any business, trade, industrial undertakings or any other establishments.

By order and in the name of the Governor of

Goa.

Shaila G. Bhosle, Under Secretary (GA-I).

Porvorim, 8th May, 2023.

———uuu———

Goa State Higher Education Council

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No. 3/2/91-HD(G)/Vol.IV/1218

On the recommendation of the Departmental

Promotion Committee as conveyed by Goa Public

Service Commission vide their letter No. COM/II/11/

/21(2)/2022/25 dated 13-04-2023, Government is

pleased to promote following Station Fire Officers

to the post of Assistant Divisional Officer, Group 'B'

Gazetted in the pay scale of PB-2 Rs. 9300-34800+

Grade Pay Rs. 4600/- (Level 7 of the 7th Pay

Commission) from the date of taking over charge of

the post.

Sr. Name of the Posted on promotion

No. Officer

1 2

1. Shri Ajit K. Kamat Asst. Divisional Officer at

Order

No. ACAD III/SHEC/Confirmation/03/2021/1062

On the recommendation of the Goa Public Service Commission vide its letter No. COM/II/12/78(1)/ /2023/38 dated 13-04-2023, Government is pleased to declare that the following Professor for Teaching, Learning and Educational Technology for State Higher Education Council under Directorate of Higher Education has completed his probation period successfully with effect from the date indicated in Column No. 3 against his name and he is confirmed in his respective post with effect from the date indicated in column No. 3 against his name accordingly:-

Sr. Name Date of completion No. and designation of probation period

1 2 3

1. Dr. Niyan Joseph Savio 09-08-2022.

Marchon, Professor for Teaching, Learning and Educational Technology

Central Zone, Ponda-Goa.

2. Shri Mervyn B. A. Asst. Divisional Officer at

Ferrao North Zone, Panaji-Goa.

3. Shri Francisco Mendes Asst. Divisional Officer at

South Zone, Margao-Goa.

All the above Officers shall be on probation for

period of 2 years.

By order and in the name of the Governor of

Goa.

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

Porvorim, 3rd May, 2023.

———uuu———

Department of Labour

–––

Order

By order and in the name of the Governor of

Goa.

Deepti D. Gaonkar, Under Secretary (Higher

Education).

Porvorim, 5th May, 2023.

No. 24/6/2013-Lab-ESI/310

Government is pleased to accept with ex-post-

-facto effect, the notice of voluntary retirement186 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023 dated 30-01-2023 tendered by Dr. Deepa Kerkar, Senior Gynecologist in ESI Scheme under Labour

Department, under Rule 48-A of CCS (Pension) Rules, 1972.

Dr. Deepa Kerkar stands relieved from the post of Senior Gynecologist in ESI Scheme under Labour

Department, with effect from 30-04-2023 (f. n.).

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

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

Porvorim, 5th May, 2023.

————

Order

No. 24/3/87-Lab-Part-I (Vol-I)/ESI/313

Government is pleased to order the transfer and posting of the following Insurance Medical Officers in E.S.I. Scheme, under office of Commissioner, Labour & Employment, in public interest, with immediate effect as under:

Sr. Name of the Insurance Present place of posting Place of posting on transfer No. Medical Officer

1. Dr. Vithu D. Naik ESI Dispensary, Panaji ESI Dispensary, Ponda.

2. Dr. Kimya Mahatme ESI Dispensary, Ponda ESI Dispensary, Panaji.

This order shall come into force with immediate effect.

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

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

Porvorim, 8th May, 2023.

————

Notification

No. 28/02/2023-LAB/Part-I/284

The following Award passed by the Labour Court-II, at Panaji-Goa on 03-04-2023 in Case No. Ref. LC-II/IT/09/2014 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, 26th April, 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/09/2014

Shri Moratram Polle, R/o. H. No. 411, Podwal, Corjuvem, Aldona, Bardez-Goa .... Workman/Party-I.

V/s

M/s. Andrew Telecommunication India Pvt. Ltd., Verna Industrial Estate, Verna-Goa .... Employer/Party-II.

Workman/Party I represented by Adv. Shri Pravin Naik.

Employer/Party II represented by Adv. Shri P. Chawdikar.

Panaji, dated: 03-04-2023.

AWARD

"(1) Whether the action the management of M/s. Andrew Telecommunication India Private Limited, Verna Industrial Estate, Verna, Goa, in dismissing Shri Moratram Polle, Operator-I, from service with effect from 24-01-2014, is legal and justified?

(2) If not, what relief the Workman is entitled to?"187 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023 2. On receipt of the reference, a case was registered under No. LC-II IT/09/14 and registered A/D notice was issued to the Parties. In pursuance to the said notice, the Parties put in their appearance. The Workman/Party-I (for short 'Workman'), filed his Statement of Claim on 10-02-2015 at Exb-5. The facts of the case in brief as pleaded by the Workman are that the Employer/Party-II (for short 'Employer') is engaged inter-alia in manufacture of cables and antenna. He stated that no sooner, the workmen of the Employer have joined the union namely Goa Kamgar Karmachari Sena as its members, the Employer had been attempting to disrupt their unity among themselves. He stated that there has been harassment and victimization on the union members due to their lawful trade union activities. He stated that the harassment inter-alia included illegal changes in service conditions in the colour of work assessment, charge-sheets on false and fabricated grounds, unjustified and unwarranted suspension and terminations based on these false charge-sheets, punitive suspension and termination by way of punishment for minor misconducts. He stated that the members of the said union were targeted and as such the Employer was also successful by terminating the employment of almost all members leaving behind few. He stated that he was amongst the left over and was being the member of the same union was also made a victim. He stated that he was also falsely charge-sheeted and then subsequently illegally terminated by way of dismissal without following due disciplinary process including an unbiased enquiry vide letter dated 24-01-2014. He stated that he was issued a show-cause notice dated 30-11-2011. He stated that he has replied to the said show-cause notice promptly denying the contentions mentioned in the said show-cause notice by his reply dated 08-12-2011. He stated that he was thereafter falsely charge-sheeted without considering his reply dated 08-12-2011. He stated that vide charge-sheet dated 21-12-2011, he was charge-sheeted as under:

a) Clause NN (11): Commission of any acts subversive of discipline or good behaviors on the premises of the establishment or any place outside the premises;

b) Clause NN (54): Knowingly or wrongfully interfering with the records of attendance or means of recording attendance of oneself or any other employee or wilful falsification, defacement, destruction or tampering with any records of company.

c) Clause NN (60): Wilful disfigurement, destruction or alteration of any record of the company/Employer.

3. He stated that the charges levelled against him were false. He stated that he denied the said charges levelled against him by his reply dated 28-12-2011. He stated that the Employer had decided to terminate his services and he was subject to victimization on one pretext or the other. He stated that in order to create false records against him to terminate his services, the Employer had issued another show-cause notice dated 12-07-2012. He stated that he replied to the said show-cause notice promptly by denying the same by his reply dated 16-07-2012. He stated that he was once again falsely charge-sheeted without considering his reply dated 16-07-2012. He stated that the following charges were levelled against him vide charge-sheet dated 26-07-2012.

a) Clause NN (07): Habitual breach of any standing order or any law applicable to the establishments or any rules made thereunder.

b) Clause NN (11): Commission of any acts subversive of discipline or good behaviors on the premises of the establishment or any place outside the premises.

c) Clause NN (22): Willful insubordination or disobedience (whether or not in combination with another) of any lawful and reasonable order of superior.

d) Clause NN (37): Deliberately giving false information regarding self e.g. name, age, previous illness, father's name, qualification, previous experience or record.

e) Clause NN (47): Refusal to be search by any security personnel or any other authorized person of the establishment.

4. He stated that as the charges levelled against him were false, he denied the same by his reply dated 03-08-2012. He stated that thereafter a false enquiry was conducted against him on both the charge-sheets i.e. charge-sheet dated 21-12-2011 and dated 26-07-2012. He submitted that the departmental enquiry held by the Enquiry Officer was illegal, being violative of principles of natural justice and fair play. He submitted that the allegations made vide charge-sheet dated 21-12-2011 are not proved either by oral or documentary evidence. He submitted that the oral evidence contradicts the documentary evidence on record. He submitted that the allegations made vide charge-sheet dated 26-07-2012 are also not proved either by oral or documentary evidence. He submitted that the entire evidence on record is hearsay. He submitted that he had not committed any misconduct as alleged in the charge-sheets or otherwise. He submitted that the188 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023 submitted that he was dismissed vide order dated 24-01-2014 issued by the Employer is illegal, unjustified as the same is passed without any reasonable cause and for no misconduct committed by him. He submitted that the findings of the Enquiry Officer are not based on evidence on record and the same is perverse. He submitted that the Ld. Enquiry Officer did not consider the material contradictions in the evidence of the management witnesses. He submitted that after his dismissal he raised a dispute before the conciliation authority which ended in failure. He submitted that without prejudice to his aforesaid contentions, the punishment of dismissal, is disproportionate to the misconduct alleged against him. He submitted that the order of termination by way of dismissal lacks any reasoning as to why the other scale of punishments prescribed could not be adopted either singly or in combination of one or more permutations and combination permissible under law. He submitted that presently he is unemployed and does not have any source of income and is facing severe hardships due to his illegal dismissal from service. The Workman therefore prayed that he is entitled to be reinstated in service with full back wages, continuity in service and consequential benefits thereof.

5. The Employer resisted the claim of the Workman by filing its written statement on 16-03-2015 at Exb. 6. The Employer, as and by way of its preliminary objections, submitted that the present reference filed by the Workman is bad-in-law and not maintainable and that the Workman has not given any justification for the demands/claims raised by him. The Employer submitted that the dispute raised by the Workman is not an 'Industrial Dispute' as defined under the Industrial Disputes Act, 1947 and there is non application of mind by the Appropriate Government, while referring the present dispute.

departmental enquiry held against him is also illegal and the findings of the Enquiry Officer are perverse. He submitted that he was at no point of time at the commencement of his employment or subsequently in the course of his employment given a copy of the Certified Standing Orders of the Employer claimed to have been approved by the Certifying Officer under the Industrial Employment (Standing Orders) Act, 1946. He submitted that at no point of time the alleged Certified Standing Orders of the Employer claimed to have been approved by the certifying officer under the Industrial Employment (Standing Orders) Act, 1946 ever displayed by the Employer in English and in the language understood by the majority of the workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed. He submitted that the author/authors of the document produced by the Employer at the enquiry into the charges levelled against him were not examined. He submitted that the contents of the said documents could not have been relied upon by the Enquiry Officer as not even the signature of the alleged author/ /authors was identified by the alleged author/ /authors of the said document in the course of enquiry proceedings. He submitted that the said documents are fabricated documents having no force in law. He submitted that being satisfied with the union previously representing him had switched his loyalties to another union. He stated that the Employer on number of occasions tried to coerce him not to switch his loyalties to a union of his choice which he did not heed. He stated that he was therefore victimized by the Employer and foisted charge-sheets on him and dismissed him from service. He submitted that the said act of the Employer amounts to an unfair labour practice under the provisions of the I.D. Act and as such the entire charge-sheets, the proceedings of the enquiry, the order of termination are tainted by malafides on the part of the Employer towards him. He submitted that the Ld. Enquiry Officer has failed to give adequate weightage to the defense raised by him. He submitted that the alleged charges levelled against him vide charge-sheet dated 21-12-2011 and dated 26-07-2012 cannot be said to be legally proved. He submitted that the Enquiry Officer appointed by the Employer was biased. He stated and the enquiry was conducted without following the principles of natural justice. He stated and that the charges levelled against him are not legally tenable or proved. He submitted that Shri Ravi Rebello, Manager-HR and Administration, cannot terminate his services. He

6. The Employer stated that it is a company registered under Companies Act, 1956 and is engaged in manufacturing of communication of infrastructure equipment's. The Employer stated that its factory was earlier situated at Pilerne Industrial Estate. The Employer stated that all the workmen have been shifted from Pilerne Industrial Estate Factory to the facility build up at Verna Industrial Estate. The Employer admitted that the Workman was appointed as an Operator in Valuline department. The Employer stated that the Workman was issued two charge-sheets one dated 21-12-2011 and another dated 26-07-2012 and in the said charge- -sheets it was alleged that the acts mentioned therein on the part of the workman amounts to misconducts as per its Certified Standing Orders applicable to him.

189 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

The Employer admitted that the charges levelled against the Workman in the charge-sheet dated 21-12-2011 under Clause No. NN (11), Clause No. NN (54) and Clause No. NN (60). The Employer admitted that the charges levelled against the Workman in charge-sheet dated 26-07-2012 under Clause No. NN (7), Clause No. NN (11), Clause No. NN (22), Clause No. NN (37) and Clause No. NN (47). The Employer stated that the Employer was further called upon to submit his explanation to the said charges on or before 03-08-2012. The Employer stated that prior to the issuance of the charge-sheets, the show-cause notices were issued to the Workman and he had filed replies to the said show-cause notices. The Employer stated that however, they found that the said replies were unsatisfactory. The Employer stated that thereafter an enquiry was conducted by appointing Shri Prashant Agarwal, as an Enquiry Officer. The Employer stated that the Enquiry Officer submitted his findings/report dated 25-09-2013 and dated 28-09-2013 holding the Workman guilty of the charges levelled against him in the said charge-sheets issued to him.

7. The Employer stated that from the records, it can be seen that the Enquiry Officer conducted the enquiry by following the principles of natural justice and every conceivable opportunity have been extended by the Enquiry Officer to the Workman to participate in the enquiry proceeding as well as to defend charges leveled against him. The Employer stated that the Findings/Report of the Enquiry Officer was based on the evidence on record and the Enquiry Officer had appreciated the evidence as mentioned in his findings dated 25-09-2013 and 28-09-2013. The Employer stated that Mr. Prassana Chawdikar and Mr. Pravin Naik acted as management representative and defense representative of the Workman respectively in the said enquiry.

8. The Employer stated that they issued a letter dated 16-12-2013 calling upon explanation from the Workman, about the said findings/report. The Employer stated that the Workman submitted his explanation, vide his reply dated 24-12-2013. The Employer submitted that they, being not satisfied with the said explanation and considering the gravity of proved misconduct, past records dismissed the Workman from the services with effect from 24-01-2014 by paying all his legal dues as per law. The Employer submitted that the dismissal of the Workman from the services is just, fair and proper. The Employer submitted that in the event, if the enquiry is set aside on any of the grounds, they may be permitted to lead fresh evidence before this Hon'ble Tribunal to prove the said charges. The Employer stated that the Workman is gainfully employed since the date of his dismissal and as such there is no hardships faced by him. The Employer submitted that the termination by way of dismissal of the Workman is legal and justified.

9. Thereafter, the case was fixed for rejoinder on 18-06-2015, however, Ld. Adv. P. Naik appearing for the Party I submitted that he do not wish to file any rejoinder.

10. Based on the pleadings filed by the respective parties, this court framed certain issues on 18-08-2015 at Exb. 08. The said issues have been updated on 02-11-2015 at Exb.12 after hearing both the parties.

1. Whether a free, fair and proper enquiry were conducted against the Workman/Party-I in accordance with the principles of natural justice in respect of charge-sheet dated 21-12-2011 and charge-sheet dated 26-07-2012?

2. Whether the charges of misconduct leveled against the Workman vide charge-sheet dated 21-12-2011 and charge-sheet dated 26-07-2012 have been proved to the satisfaction of this court by acceptable evidence?

3. Whether the Workman/Party-I proves that the action of the Employer in dismissing him ser vice w.e.f. 24-01-2014, is illegal and unjustified?

4. Whether the Workman/Party-I proves that the action of the Employer in dismissing him from ser vices w.e.f. 24-01-2014 amounts to victimization and unfair labour practice?

5. Whether the Employer/Party-II proves that the present order of reference is not maintainable in law in view of the reasons stated by way of preliminary objections in para 1 to 4 of the Written Statement?

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

relief?

7. What order? What award?

11. Thereafter this Hon'ble Court recorded the evidence on the preliminary issue No. 1 and 2 and passed order dated 11-12-2019 on the findings on the preliminary issue No. 1 and 2 by holding that a fair proper and impartial inquiry were conducted against the Workman in accordance with the principles of natural justice in respect of charge-sheet dated 21-12-2011 and charge-sheet dated 26-07-2012 and that the charges of misconduct leveled against the Workman vide charge-sheet dated 21-12-2011 and charge-sheet dated 26-07-2012 have not been proved to the satisfaction of this court by acceptable evidence. Thereafter the matter was fixed for the evidence of the Employer however Ld. Adv. appearing for the respective parties submitted that they are trying to settle the matter amicably between the parties, but the matter could not settle between the parties. Subsequently on 20-09-2022 the190 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

Notification

Employer filed an application for amendment which was allowed after hearing both parties by order dated 19-10-2022. Both the parties once again tried to settle the matter amicably. Accordingly on 03-04-2023, the Workman along with his Adv. Shri P. Naik as well as the manager of the Employer along with Ld. Adv. Shri P. Chawdikar remained present and submitted that they have settled the matter amicably between the parties and filed an application for Award in terms of settlement. The terms of settlement as agreed between the parties are reproduced hereunder:

a) That it is agreed between the parties to settle the dispute amicably for a composite amount of Rs. 3,50,000/- (Rupees Three lakh fifty thousand only) before this Hon'ble Court and accordingly issue cheque/Demand Draft dated 03-04-2023 drawn on Panjim Branch, bearing No. 003414.

b) The Party-II herein have agreed to pay sum of Rs. 3,50,000/- (Rupees Three lakh fifty thousand only) in full and final settlement of the entire claim amount of the Party-I in the present matter.

c) The Party-I herein declares that his claim in the

present matter is conclusively settled.

d) The Party No. I, Shri Moratram Polle states that he is having no claim of whatsoever nature against the Party No. II/Employer and that he does not wish to pursue to the present reference and treat the said reference as settled.

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 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. It is held that the reference as to whether the action the management of M/s. Andrew Telecommunication India Private Limited, Verna Industrial Estate, Verna, Goa, in dismissing Shri Moratram Polle, Operator-I, from service with effect from 24-01-2014, is legal and justified, does not survive.

2. Inform the Government accordingly.

Sd/- (Suresh N. Narulkar), Presiding Officer, Labour Court-II.

No. 28/02/2023-LAB/Part-I/285

The following Award passed by the Labour Court-II, at Panaji-Goa on 03-04-2023 in Appln. No. LC-II/IT/11/2012 is hereby published as required

under Section 17 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

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

Porvorim, 26th April, 2023.

———

IN THE LABOUR COURT-II GOVERNMENT OF GOA SHRAM SHAKTI BHAVAN 1ST FLOOR, PATTO PLAZA PANAJI-GOA

(Before Shri Suresh N. Narulkar, Hon'ble Presiding Officer)

Appln. No. LC-II/IT/11/2012

Shri. Uday Pednekar, r/o. House No. 903/1, Monteiro Vaddo, Anjuna, Bardez-Goa …. Workman/Party I.

V/s

M/s. Andrew Telecommunications (India) Pvt. Ltd., Plot No. N2, Phase IV, Verna Industrial Estate, Verna, Salcette-Goa .…. Employer/Party II.

Workman/Party I represented by Adv. Shri Pravin Naik.

Employer/Party II represented by Adv. Shri P. Chawdikar.

Panaji, Dated 03-04-2023.

A W A R D

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 26-11-2012, bearing No. 28/42/2012-Lab/637, referred the following dispute for adjudication by the Industrial Tribunal of Goa. The Presiding Officer, Industrial Tribunal-cum-Labour Court in turn assigned the present dispute to the Labour Court-II vide her Order dated 29-11-2012.

"(1) Whether the action of the Management of M/s. Andrew Telecommunication (India) Private Limited, Verna, Goa, in dismissing191 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023 from service Shri Uday Pednekar, Operator, with effect from 30-09-2011, is legal and justified?

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

to?".

2. On receipt of the reference, a case was registered under No. LC-II-IT/11/2012 and registered A/D notice was issued to the Parties. In pursuance to the said notice, the Parties put in their appearance. The Workman/Party-I (for short 'Workman'), filed his Statement of Claim on 15-04-2013 at Exb. 7. The facts of the case in brief as pleaded by the Workman are that the Employer/ /Party-II (for short 'Employer'), his services were illegally terminated by way of dismissal, vide letter dated 30-09-2011 signed by Mr. Ravi Rebello, Manager-HR & Admn. He stated that he had filed his reply to the findings of the Enquiry Officer, vide his letter dated 28-09-2011 addressed to the Employer. He stated that the Employer has however in its letter of dismissal issued to him, falsely stated that he has not submitted any reply or say in respect of the findings. He submitted that his aforesaid reply to the findings of the Enquiry Officer was considered by the Employer before passing the order of his dismissal from service. He submitted that the said non-consideration of his reply is itself constitute grave violation of principles of natural justice.

3. He stated that he was not issued copy of the Certified Standing Orders of the Employer. He stated that at no point of time on the commencement of his employment or subsequently in the course of employment, which the Employer has claimed to have been approved by the Certifying Officer under the Industrial Employment (Standing Orders) Act, 1946. He submitted that at no point of time, the said alleged Certified Standing Orders of the Employer were displayed in English and in the language understood by the majority of the workmen on special board to be maintained for the purpose at or near the entrance, through which the majority of workmen enters the industrial establishment. He submitted that at the time of his employment, it was not a condition of service to fill up forms related to production. He stated that the said forms were introduced unilaterally by the Employer subsequently without obtaining approval of the change in service conditions as mandated under Section 33 of the I.D. Act, 1947. He submitted that the authors of the documents produced by the Employer at the enquiry into the charges levelled against him were not examined. He submitted that the said documents are fabricated having no force in law. He stated that he, being dissatisfied with the union previously representing him, had switched his loyalty to another union. He stated that the Employer on number of occasions tried to coerce him not to switch his loyalty to a union of his choice, which he did not heed. He submitted that he was therefore victimized by the Employer and the charge-sheet was foisted on him and he was dismissed from service. He submitted that his dismissal from service amounts to an unfair labour practice under the provisions of the I.D. Act, 1947. He submitted that the entire charge-sheet, the proceedings of the enquiry and the order of termination are tainted by malafide on the part of the Employer. He submitted that the charges of misconduct levelled against him are rooted in the wrongful action of the Employer and as such the said charges cannot be maintained against him. He stated that the unfair labour practice committed by the Employer were raised as a defense in the enquiry. He submitted that he had filed his synopsis of his defense, before the Enquiry Officer. He submitted that the Ld. Enquiry Officer has however, failed to give adequate weightage to the defense raised by him. He submitted that the Ld. Enquiry Officer has failed to take note that the Employer has failed to comply with the mandatory provisions of Section 9 of the Industrial Employment (Standing Orders) Act, 1946. He submitted that the Ld. Enquiry Officer was biased and enquiry was conducted against him without following the principles of natural justice. He submitted that the charges levelled against him are not legally tenable or proved. He submitted that without prejudice to the above, the punishment of dismissal meted out to him is disproportionate to the misconduct alleged against him.

4. He stated that presently, he is unemployed and does not have any source of income and is facing severe hardship due to his illegal dismissal from service. The Workman therefore prayed that he be reinstated in service with full back wages, continuity in service and consequential benefits thereof.

5. The Employer resisted the claim of the Workman by filing its written statement on 16-07-2013 at Exb. 8. The Employer, as and by way of its preliminary objections, submitted that the present reference filed by the Workman is bad-in- -law and not maintainable and that the Workman has not given any justification for the demands/ /claims raised by him. The Employer submitted that the dispute raised by the Workman is not an 'industrial dispute' as defined under the Industrial Disputes Act, 1947 and that there is non application of mind by the Appropriate Government, while referring the present dispute.

192 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

6. The Employer stated that it is a company registered under Companies Act, 1956 and is engaged in manufacturing of telephone equipments. The Employer stated that its factory was earlier situated at Pilerne Industrial Estate. The Employer stated that all the workmen have been shifted from Pilerne Industrial Estate Factory to the facility build up at Verna Industrial Estate. The Employer admitted that the Workman was appointed as an 'Operator Re-roll' w.e.f. 01-10-2004 on probation. The Employer stated that vide its letter dated 29-04-2008, the Workman was re-designated as Operator-I in Grade B-1 w.e.f. 01-05-2008 and was given a wage rise w.e.f. 01-04-2008.

7. The Employer stated that a charge-sheet dated 06-07-2010 was issued to the Workman. The Employer stated that it was alleged that the following acts mentioned in the said charge-sheet on the part of the Workman amounts to misconducts as per the Certified Standing Orders applicable to the Workman.

a) Clause NN (02): Willfully slowing down in performance of work or abetment or instigation thereof.

b) Clause NN (07): Habitual breach of any standing order or any law applicable to the establishments or any rules made thereunder.

c) Clause NN (10): Drunkenness, riotous, disorderly, indecent or improper behavior on the premises of the establishment or outside the premises of the establishments if it adversely affects or is likely to affect the working or the discipline of the establishments.

d) Clause NN (11): Commission of any acts subversive of discipline or good behaviors on the premises of the Establishment or any place outside the premises.

e) Clause NN (12): Habitual neglect of work

or gross habitual negligence or gross neglect of work or malingering.

f) Clause NN (20): Failure to observe safety rules or instructions notified by the Employer or failure to use safety devices or equipment or interference with any safety device or equipment installed within the establishment.

g) Clause NN (21): Breach of any rules or instructions given by superiors for proper functioning or safety of the establishment.

h) Clause NN (22): Willful insubordination or disobedience (whether or not in combination with another) of any lawful and reasonable order of superior.

i) Clause NN (25): Refusal to accept the charge-sheet, order or other communication, from the Management served in accordance with Standing Orders.

j) Clause NN (32): Loitering, idling or wasting time or not working during working hours or being within the establishments after authorized hours of work without permission.

k) Clause NN (40): Use of impolite or insulting

or abusive language, assault or threat of assault, either provoked or otherwise intimidation or coercion within the precincts of the Company against any employee of the Company/firm or Officers or Customers or any other person authorized

to work in the Company and any such act outside the premises of the Company, if it directly affects or is likely to affect the discipline or work or business of the establishment.

l) Clause NN (49): Pursuance of any conduct

against the interest of the Company/ /Employer.

m) Clause NN (50): Poor or unsatisfactory

Workmanship/poor performance.

n) Clause NN (62): Refusal to wear uniforms/

/safety apparels by the company while on

duty.

8. The Employer stated that the Workman was

further called upon to submit his explanation to

the said charge-sheet on or before 13-07-2010. The

Employer stated that prior to the issuance of charge-

sheet, several memorandum and show-cause

notices were issued to the Workman. The Employer

stated that the Workman also filed his reply to the

said show-cause notices, but the said replies were

found unsatisfactory.

9. The Employer admitted that it has conducted

an enquiry against the Workman by appointing Mr.

Ajay A. Kadam, as an Enquiry Officer. The Employer

stated that initially Mr. V. A. Lotlikar and

subsequently Mr. Pravin Naik acted as a Defense

Representative of the Workman in the said Enquiry. The Employer stated that Mr. Kishor Baligar acted as a Management Representative in the said Enquiry. The Employer stated that the Ld. Enquiry Officer, Mr. Ajay A. Kadam, submitted his findings193 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023 /report dated 14-09-2011 holding the Workman guilty of the charges leveled against him in the said charge-sheet issued to him. The Employer stated that from the records, it can be seen that the Ld. Enquiry Officer conducted the enquiry by following the principles of natural justice and every conceivable opportunity have been extended by the Enquiry Officer to the Workman to participate in the enquiry proceeding as well as to defend charges leveled against him. The Employer stated that the Findings/Report of the Ld. Enquiry Officer is based on the evidence on record and the Ld. Enquiry Officer had appreciated the evidence as mentioned in his findings dated 14-09-2011.

10. The Employer stated that they issued a copy of the findings/Enquiry report to the Workman, calling upon explanation from him on or before 27-09-2011 about the said report. The Employer stated that the Workman submitted his explanation, vide his reply dated 28-09-2011. The Employer submitted that they, being not satisfied with the said explanation and considering the gravity of proved misconduct, dismissed the Workman from the services with effect from 30-09-2011 by paying all his legal dues. The Employer submitted that the dismissal of the Workman from the services is just, fair and proper. The Employer submitted that in the event, if the enquiry is set aside on any of the grounds, they may be permitted to lead fresh evidence before this Hon'ble Tribunal to prove the said charges. The Employer submitted that the termination by way of dismissal of the Workman is legal and justified.

11. Thereafter, the Workman filed his rejoinder at Exb. 9. The Workman, by way of his rejoinder, reiterates all the submissions and averments made by him in his Claim Statement to be true and correct and denies all the statements and averments made by the Employer in their Written Statement, which are contrary and inconsistent to the statements and averments made by him.

12. Based on the pleadings filed by the respective parties, this court framed the following issues on 22-08-2014 at Exb. 21.

1. Whether a free, fair and proper enquiry has been conducted against the Workman in accordance with the principles of natural justice?

2. Whether the charges of misconduct leveled against the Workman have been proved to the satisfaction of this court by an acceptable evidence?

3. Whether the Workman/Party-I proves that the action of the management of the Employer in dismissing him from services w.e.f. 30-9-2011 is illegal and unjustified?

4. Whether the Workman/Party-I proves that the action of the Employer/Party-II is dismissing him from services amounts to unfair labour practices?

5. Whether the Employer/Party-II proves that the reference is bad in law in view of the preliminary objections raised in para 1 to 4 of its written statement?

6. Whether the Workman is entitled to any

relief?

7. What order? What Award?

13. Thereafter this Hon'ble Court recorded the

evidence on the preliminary issue No. 1 and 2 and passed order dated 18-07-2017 on the findings on the preliminary issue No. 1 and 2 by holding that a fair and proper inquiry has been conducted against the Workman in accordance with the principles of natural justice read with the provisions

of Certified Standing Orders of the Employer Company and that except the charge of misconduct i.e. Clause NN (40) of the Certified Standing Orders of the Employer Company, the management has successfully proved all the charges of misconduct levelled against the Workman vide charge-sheet

dated 06-07-2010. Subsequently Ld. Adv. appearing for the respective parties submitted that they are trying to settle the matter amicably between the parties. However they could not settle the matter amicably. Thereafter on 20-09-2022 the Employer filed an application for amendment which was

allowed after hearing both parties by order dated 19-10-2022. Both the parties once again tried to settle the matter amicably. Accordingly on 03-04-2023, the Workman along with his Adv. Shri P. Naik as well as the manager of the Employer along with Ld. Adv. Shri P. Chawdikar remained

present and submitted that they have settled the matter amicably between the parties and filed an application for Award in terms of settlement. The terms of settlement as agreed between the parties are reproduced hereunder:

a) That it is agreed between the parties to

settle the dispute amicably for a composite amount of Rs. 3,50,000/- (Rupees Three lakh fifty thousand only) before this Hon'ble Court and accordingly issue cheque/ /Demand Draft dated 03-04-2023 drawn on Panjim Branch, Bearing No. 003415.

194 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

b) The Party-II herein have agreed to pay sum of Rs. 3,50,000/- (Rupees three lakh fifty thousand only) in full and final settlement of the entire claim amount of the Party-I in

the present matter.

c) The Party-I herein declares that his claim in the present matter is conclusively settled.

d) The Party No. I, Shri Uday Pednekar states that he is having no claim of whatsoever nature against the Party No. II/Employer and

that he does not wish to pursue to the present reference and treat the said reference as settled.

In view of above and with regards to the facts and circumstances of the present case, I proceed to pass the following order.

O R D E R

1. It is held that the reference as to Whether the action of the Management of M/s. Andrew Telecommunication (India) Private Limited, Verna, Goa, in dismissing from service Shri Uday Pednekar, Operator, with effect from 30-09-2011, is legal and justified, does not survive.

Inform the Government accordingly.

Sd/- (Suresh N. Narulkar), Presiding Officer, Labour Court-II.

————

IN THE INDUSTRIAL TRIBUNAL

AND LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Mr. Anil Scaria, Hon'ble Presiding Officer)

Ref. No. IT/28/2015

The President, Goa Milk Union Employees Association, Curti, Ponda-Goa. …… Workmen/Party I

V/s

M/s. Goa State Co-op. Milk Producers' Union Ltd., Curti, Ponda-Goa. …… Employer/Party II

Workmen/Party-I represented by Learned Representative Shri P. Gaonkar.

Employer/Party-II represented by Learned Advocate Shri P. Chawdikar.

AWARD

(Delivered on this the 12th day of the month of April of the year 2023)

By Order dated 22-07-2015, bearing No. 28/42/2015-Lab/712, the Government of Goa in exercise of powers conferred by Section 10(1)(d) of the Industrial Disputes Act, 1947, has referred the following dispute to this Tribunal for adjudication:-

"(1) Whether the action of Goa State Co-operative Milk Producers' Union Limited, Curti, Ponda, Goa, in reducing the contributions towards Provident Fund w.e.f. April, 2011 to August, 2015, without complying with the provisions of Section 9A of the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947), is legal and justified?

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

to?"

Notification

No. 28/02/2023-LAB/299

The following Award passed by the Industrial Tribunal and Labour Court, at Panaji-Goa on 12-04-2023 in Ref. No. IT/28/2015 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, 03rd May, 2023.

2. The Workmen/Party I has filed their Statement of Claim. The Employer/Party II has filed its Written Statement. The Workmen/Party I have filed their Rejoinder. The Written Statement was amended. Party I has filed an Additional Rejoinder.

3. Party I states in their Statement of Claim that the workmen of Party II are covered by the Employees Provident Funds and Miscellaneous Provisions Act, 1952. That Party II was contributing 12% of the gross basic wages towards the Provident Fund of the workmen. That in the Month of April, 2011, Party II reduced its contribution to 12% upto a maximum of Rs. 6,500/-. That, this was done without issuing notice under section 9A of the Industrial Disputes Act, 1947. That, the workmen noticed the change when salaries195 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023 were paid to them in the first week of May, 2011. That Party I wrote a letter to Party II to restore the benefits. (It appears to be the case of Party I that the reduction in the contribution of Party II was made with the consent of the Office of the Provident Fund Commissioner, Panaji). That, Party I approached the Office of the Provident Fund Commissioner, Panaji. That during discussion, the Provident Fund Commissioner informed Party I that the decision was taken by his predecessor in Office and he cannot change the same. That Party I wrote letter dated 04-07-2013 to the Assistant Labour Commissioner. That, the Assistant Labour Commissioner called both Parties for conciliation. That Party I refused to restore the service conditions. That, the conciliation failed. That the Assistant Labour Commissioner reported the same to the Government. That the Government has referred the dispute to this Tribunal. That the Office of the Provident Fund Commissioner had not issued notice to the workmen or heard them before allowing Party II to reduce their contribution. Therefore, it is prayed that it be declared that the action of the Employer in reducing Employer's contribution towards the Provident Fund is illegal, unjustified and bad in law. That the Employer be directed to contribute the Employer's contribution at the rate of 12% of the gross basic wage from 01-04-2011 along with interest and remit the same to their respective accounts.

4. The Employer/Party II has stated in its Written Statement that Party II was contributing 12% of the basic wage towards Provident Fund of the workmen. That due to the financial position of Party II, Party II addressed a letter dated 01-01-2011 to the Regional Provident Fund Commissioner asking him to permit Party II to make the Employer's contribution to the Provident Fund on the basic ceiling limit of Rs. 6,500/- That the Regional Provident Fund Commissioner addressed a letter dated 01-04-2011 to Party II. That by this letter the Regional Provident Fund Commissioner informed Party II that the Competent Authority had granted their request with effect from April, 2007. That reduction of the contribution by Party II to the Provident Fund of the workmen does not affect their condition of service. That it was not necessary to issue notice under Section 9-A of the Industrial Disputes Act, 1947. The Party II had issued Office Order dated 27-04-2011 bringing it to the attention of the workmen that the Employer's contribution to the Provident Fund has been reduced as stated above. It is denied that the Office of the Regional Provident Fund Commissioner had not issued notice to the workmen before reducing Employer's contribution to the Provident Fund. That the Employees Provident Funds and Miscellaneous Provisions Act, 1952 is a complete Code in itself. That,

therefore, this Court does not have the jurisdiction to entertain the present dispute. That Party II is not an industry and that no industrial dispute arises in this case. That Party I does not have the locus standi to raise the dispute on behalf of the workmen. Therefore, it is prayed that the claim of Party I be

dismissed with heavy costs.

5. Party I states in its Rejoinder and additional Rejoinder that Party II is an industry and that an industrial dispute exists. It is denied that Party I does not have the locus standi to raise the dispute on behalf of the workmen. It is denied that this Tribunal

does not have the jurisdiction to entertain the present dispute. That, the Regional Provident Fund Commissioner did not give the workmen an opportunity to be heard and has thus violated the principles of natural justice. That Party II has not issued any Office Order dated 27-04-2011. That it was not brought to the notice of the workmen or the Union.

6. Heard arguments. The Learned Advocates for the Parties have also filed their Written Arguments.

7. The following issues were framed by this

Tribunal and my findings thereon are as follows:-

Sr. Issues Findings

No.

1 2 3

1. Whether the Party I In the negative.

proves that the action of the Management in reducing the employer's share towards Provident Fund Contribution restricted to the ceiling of wages of

Rs. 6,500/- for the period from April, 2011 to August, 2015, is illegal and unjustified?

2. Whether the Party I proves In the negative.

that the action of the Party II in reducing the employer contribution towards the Provident Fund amounts to violation of Section 9A of the Industrial Disputes Act?

3. Whether Party I proves that In the affirmative.

the Goa Milk Union Employees Association has locus standi to raise the dispute on behalf of its workmen?

196 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

1 2 3

4. Whether the Party II proves In the negative.

that the Order of Reference is not maintainable as it is related to the Employees Provident Fund and Miscellaneous Provisions Act, 1952 which is a separate Code with the separate independent Authority deciding all the issues

5. What Relief? What Award? As per final order.

REASONS

8. The case of Party I is that the action of the Management in reducing the Employer's share towards Provident Fund Contribution restricted to the ceiling wages of Rs. 6,500/- for the period from April, 2011 to August, 2015 is illegal and unjustified.

9. Party II has denied the same.

10. Party I has examined Shri Hemant Sawant as Witness 1 for Party I. He is the General Secretary of Goa Milk Union Employees Association.

11. Party II has examined Shri Priyesh Sawant as Witness 1 for Party II. He is the Personnel Officer of Party II.

12. It is the case of Party I that Party II was contributing 12% of the gross basic wages towards the Provident Fund of the workmen. Party II has admitted the same.

13. It is the case of Party I that Party II with effect from April, 2011 reduced its contribution to the workers' Provident Fund to the basic ceiling limit of Rs. 6,500/-. Party II has admitted the same.

14. The Learned Advocate for Party II, Shri P. Chawdikar states that such reduction in the Employer's contribution does not affect the condition of service of the workmen. Shri P. Chawdikar has relied on the law laid down in Vijayan V/s Secretary to Government (2006) III LLJ 337 ker in support of his case.

15. In Vijayan V/s Secretary to Government (2006) III LLJ 337 Ker, the Hon'ble High Court of Kerala has laid down the following principles. Firstly, Employer's contribution in excess of statutory limits is only a gratuitous act. Secondly, reducing such contribution to the statutory limit does not affect the conditions of service of the workmen. Thirdly, notice under Section 9-A of the Industrial Disputes Act, 1947 is not required to reduce the Employer's contribution to the statutory limit.

16. The Union Representative, Shri P. Gaonkar is unable to show any case-law passed by the Hon'ble Supreme Court or the Hon'ble High Court of Judicature at Bombay to the contrary.

17. Therefore the Management of Party II was entitled to reduce the Employer's contribution to the Provident Fund of the workmen to the statutory minimum. It does not affect the conditions of service of the workmen.

18. Consequently, Party I has failed to prove that the action of the Management in reducing the Employer's share towards Provident Fund Contribution restricted to the ceiling wages of Rs. 6,500/- for the period from April, 2011 to August, 2015, is illegal and unjustified. Hence, I hold Issue No.1 in the negative.

19. Issue No. 2: The case of Party I is that the action of Party II in reducing the Employer's contribution towards the Provident Fund amounts to violation of Section 9-A of the Industrial Disputes Act, 1947.

18. As seen above, it has been held in Vijayan V/s Secretary to Government (2006) III LLJ 337 Ker, that notice under Section 9-A of the Industrial Disputes Act, 1947 is not necessary to reduce the Employer's contribution to the statutory minimum. As such Party I has failed to prove that the action of Party II in reducing the Employer's contribution towards the Provident Fund amounts to a violation of Section 9-A of the Industrial Disputes Act, 1947. Hence I hold Issue No. 2 in the negative.

19. Issue No. 3: The case of Party I is that the Goa Milk Union Employees Association has locus standi to raise the dispute on behalf of its workmen.

20. The Goa Milk Union Employees Association has raised the dispute and the matter had gone in for conciliation before the Assistant Labour Commissioner. Upon failure of conciliation being reported to the Government, the Government has referred the dispute to this Tribunal.

21. It is found that conciliation proceedings were conducted with the participation of the Goa Milk Union Employees Association. There is a presumption that official acts are regularly performed. The participation of the Goa Milk Employees Association in the conciliation proceedings shows that the Asst. Labour Commissioner had recognized the locus standi of the said Goa Milk Union Employees Association to represent the workers. There is presumption arising out of such facts.

22. Priyesh Sawant (Witness 1 for Party II) has deposed that Goa Milk Union Employees Association has by its letter dated 13-05-2011 (Exh. 23 in cross) raised objection to the action of the Management of Party II. He deposes that Party II addressed their reply197 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023 dated 19-05-2011 (Exh. 24 in cross) giving explanation. He further deposes that the Union by its letter dated 22-08-2011 (Exh. 25 in cross) requested to be provided with a copy of the letter mentioned in the said letter. He deposes that Party II thereafter provided a copy of letter dated 01-04-2011 of the Assistant Provident Fund Commissioner to the said Union.

April, 2011 to August, 2015 without complying with the provisions of Section 9-A of the Industrial Disputes Act, 1947 is legal and justified.

(ii) The workmen are not entitled to any relief.

(iii) No orders as to costs.

Sd/-

(Anil Scaria)

Presiding Officer,

Industrial Tribunal and Labour Court.

————

Notification

23. The testimony of Priyesh Sawant (Witness 1 for Party II) shows that by corresponding with Goa Milk Union Employees Association, Party II has recognized the locus standi of Goa Milk Union Employees Association. Now Party II cannot deny the same.

24. For the reasons stated above, Party I has proved that the Goa Milk Union Employees Association has the locus standi to raise the dispute on behalf of its workmen. Hence, I hold issue No. 3 in the negative.

25. Issue No. 4: The case of Party II is that the Order of Reference is not maintainable as it is related to the Employees Provident Fund and Miscellaneous Provisions Act, 1952 which is a separate Code with separate independent authorities deciding all the issues.

26. Section 9-A of the Industrial Disputes Act, 1947 states that when service conditions mentioned in the Fourth Schedule are proposed to be changed, necessary notice should be given to the workmen.

27. Item No. 2 of the Fourth Schedule of the Industrial Disputes Act, 1947 speaks about contributions paid or payable by the Employer to any Provident Fund.

28. This clearly shows that disputes regarding payments made to the Provident Fund can be adjudicated under the Industrial Disputes Act, 1947. Therefore, Party II has failed to prove the Order of Reference is not maintainable as it relates to the Employees Provident Fund and Miscellaneous Provisions Act, 1952 which is a separate Code with separate independent authorities deciding all the issues. Hence, I hold issue No. 4 in the negative.

29. In Vijayan V/s Secretary to Government (2006) III LLJ 337 Ker, it has been held that Employer's contribution to the Provident Fund in excess of statutory limits is a gratuitous act. Reducing it to the statutory limit does not affect the conditions of service and does not require notice under Section 9-A of the Industrial Disputes Act, 1947.

30. Hence, I pass the following:

ORDER

(i) The action of the Management of Party II in reducing the employer's share to the Provident Fund contribution with effect from No. 28/02/2023-LAB/Part-II/305

The following Award passed by the Industrial Tribunal and Labour Court, at Panaji-Goa on 17-04-2023 in Ref. No. IT/33/2011 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, 2nd May, 2023.

———

IN THE INDUSTRIAL TRIBUNAL AND LABOUR COURT GOVERNMENT OF GOA AT PANAJI

(Before Mr. Anil Scaria, Hon'ble Presiding Officer)

Ref. No. IT/33/2011

Shri Vassudev R. Kunkolekar, House No. 348, Muddavaddo, Saligao, Bardez-Goa .... Workman/Party-I.

V/s

M/s. Commscope India Pvt. Ltd., Verna Industrial Estate, Verna, Salcete-Goa .... Employer/Party-II.

Workman/Party I represented by Learned Advocate Shri P. Naik.

Employer/Party II represented by Learned Advocate Shri P. Chawdikar.

AWARD

(Delivered on this the 17th day of the month

of April of the year 2023)

By Order dated 08-11-2011, bearing No. 28/38/ /2011-LAB/451, the Government of Goa in exercise of powers conferred by Section 10(1)(d) of the Industrial Disputes Act, 1947, has referred the following dispute to this Tribunal for adjudication:-

198 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

"(1) Whether Shri Vassudev R. Kunkolekar, Shift Leader, can be construed as a workman as per Section 2(s) of the Industrial Disputes Act, 1947 (Central Act 14 of 1947)?

(2) If the answer to issue No. (1) above is in the affirmative, then, whether the action of the management of M/s Andrew Telecommunications India Private Limited, Verna, Salcette-Goa, in terminating the services of its workman Shri Vassudev R. Kunkolekar, Shift Leader, with effect from 15-04-2009, is legal and justified?

(3) If the answer to issue No. (2) above is in the negative, then, what relief the workman is entitled to?"

2. Party I has filed his Claim Statement. Party II has filed its Written Statement. Party I has filed his Rejoinder to the Written Statement.

3. The case of Party I is that Party I joined Party II as a "Trainee Operator" w.e.f. 01-07-2003. That on 01-04-2006, he was designated as "Goods Receiving Operator". That on 14-09-2006, he was designated as a "Shift Leader". That Party II was not complying with the mandatory provisions of the Factories Act, 1947 regarding health, safety and welfare. That Party I had joined a Trade Union to press for his rights to a safe and healthy working atmosphere. That on 27-06-2007, Party II issued a Memo wherein false allegations were made against Party I.

4. That on 12-01-2008, Party II suspended Party I from service pending disciplinary proceedings. That in the Suspension Letter dated 12-01-2008 it was mentioned that he was entitled to subsistence allowance as per Industrial Employment Standing Order Act, 1946. That no subsistence allowance was paid to Party I during the period of his suspension. That by letter dated 15-04-2009 Party II terminated the services of Party I. That along with the Termination Letter, Party II also sent a cheque for Rs. 68,904/- (Rupees Sixty eight thousand nine hundred four only) towards the payment of legal dues. That Party I accepted the said amount "under protest". That Party I is unemployed ever since his termination from service. That the termination of service of Party I is not legal and justified. Therefore, it is prayed that Party I be reinstated in service with full back wages, continuity in service and consequential benefits.

5. The case of Party II is that Party I was working as a "Shift Leader". That Party I was working in the supervisory cadre and is not a "workman". That the Factory of Party II is built with a state of the art facilities providing good and healthy working

conditions to its workmen. It is denied that Party II

has not been complying with the mandatory

provisions of the Factories Act, 1948 with respect

to health, safety and welfare. That while Party I

was working as a "Shift Leader" he committed

certain acts of misconduct. That, on 27-06-2007,

Party II issued to Party I a Memo for his misconduct.

That on 12-01-2008, Party I was suspended from the

services of Party II. That Party I was not entitled to

subsistence allowance. That it was inadvertently

mentioned in the Suspension Letter dated

27-06-2007 that Party I was entitled to receive

Subsistence Allowance in accordance with the

Industrial Employment and Standing Orders Act,

1946. That, Party II terminated the services of Party I

by letter dated 15-04-2009. That Party II also sent a

cheque for a sum of Rs. 68,904/- (Rupees Sixty eight

thousand nine hundred four only) towards payment

of all legal dues of Party I. That Party I had accepted

the cheque under protest. It is denied that Party I

has been unemployed since the date of his

termination from services. That, Party I has been

gainfully employed ever since his termination from services by Party II. Therefore, it is prayed that the reliefs claimed by Party I be rejected.

6. In his Rejoinder to the Written Statement,

Party I claims to be a "workman".

7. The following issues were framed by this

Tribunal.

1. Whether the Party I proves that he is a

workman u/s 2(s) of the I. D. Act, 1947?

2. Whether the Party I proves that Party II illegally terminated his services with immediate effect vide letter dated 15-04-09?

3. Whether the Party I proves that he is unemployed from the date of his termination till today?

4. Whether the Party II proves that it is inadvertently mentioned in the suspension letter dated 12-01-08 that Party I would be entitled to receive subsistence allowance in accordance with Industrial Employment Standing Orders Act?

5. What relief? What Award?

8. During the course of proceedings, the Parties filed an application dated 03-04-2023 for Award in terms of Settlement (Exh. 58 Colly).

199 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

10. The terms of Settlement reads as follows:-

"I. That in the present matter it is agreed between the Parties to settle the dispute amicably for a composite amount of Rs. 3,50,000/- (Rupees Three lakh fifty thousand only) before this Court and accordingly issued cheque/Demand Draft dated 03-04-2023.

II. The Party II herein have agreed to pay a sum of Rs. 3,50,000/- (Rupees Three lakh fifty thousand only) in full and final settlement of the entire claim amount of the Party I in the present matter.

III. The Party I herein declares that his claim in

the present matter is conclusively settled.

IV. The Party No. I, Shri Vassudev R. Kunkolekar state that he is having no claim of whatsoever nature against the Party No. II/Employer and that he does not wish to pursue to the present reference and treat the said reference as settled."

11. I have gone through the records of the case and the terms of Settlement and I am convinced that the consent terms filed by the Parties are just and fair and are in the interest of the Workman/Party I and the Employer/Party II and therefore the same are accepted.

Hence, I pass the following order:-

ORDER

(i) The reference in IT/33/2011 stands awarded as per the terms of settlement filed by both the Parties at Exhibit 58 Colly.

The terms of settlement are as follows:-

TERMS OF SETTLEMENT

I. That in the present matter it is agreed between the Parties to settle the dispute amicably for a composite amount of Rs. 3,50,000/- (Rupees Three lakh fifty thousand only) before this Court and accordingly issued cheque/Demand Draft dated 03-04-2023.

II. The Party II herein have agreed to pay a sum of Rs. 3,50,000/- (Rupees Three Lakh Fifty Thousand Only) in full and final settlement of the entire claim amount of the Party I in the present matter.

III. The Party I herein declares that his claim in the

present matter is conclusively settled.

(ii) No orders as to costs.

(iii) Inform the Government accordingly.

Sd/- (Anil Scaria), Presiding Officer, Industrial Tribunal and Labour Court.

———— Notification

No. 28/02/2023-LAB/Part-II/306

The following Award passed by the Industrial Tribunal and Labour Court, at Panaji-Goa on 17-04-2023 in Ref. No. IT/32/2011 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, 2nd May, 2023.

———

IN THE INDUSTRIAL TRIBUNAL AND LABOUR COURT GOVERNMENT OF GOA AT PANAJI

(Before Mr. Anil Scaria, Hon'ble Presiding Officer)

Ref. No. IT/32/2011

Shri Blasco John Fernandes, House No. 289, Navetim, Pilerne, Bardez-Goa. ….. Workman/Party-I

V/s

M/s. Commscope India Pvt. Ltd., Verna Industrial Estate, Verna, Salcete-Goa. …… Employer/Party-II

Workmen/Party I represented by Learned Advocate Shri P. Naik.

Employer/Party II represented by Learned Advocate Shri P. Chawdikar.

A WARD

(Delivered on this the 17th day of the Month of April of the year 2023)

By Order dated 30-09-2011, bearing No. 28/39/ /2011-LAB/401, the Government of Goa in exercise of powers conferred by Section 10(1)(d) of the200 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023 Industrial Disputes Act, 1947, has referred the following dispute to this Tribunal for adjudication:-

"(1) Whether Shri Blasco Fernandes, Shift Leader, can be construed as a workman under Clause(s) of Section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947)?

(2) If the answer to issue No. (1) above is in the affirmative, then, whether the action of the management of M/s Andrew Tele- -communications India Private Limited, Verna, Salcette-Goa, in terminating the services of its workman Shri Blasco Fernandes, Shift Leader, with effect from 15-04-2009, is legal and justified?

(3) If the answer to issue No. (2) above is in the negative, then, what relief the workman is entitled to?"

2. Party I has filed his Claim Statement. Party II has filed its Written Statement. Party I has filed a Rejoinder.

3. The case of Party I is that on 01-07-2003, Party

II appointed Party I as a "Trainee Operator". That

on 01-04-2006, he was designated as "Goods

Receiving Operator". That on 14-09-2006, he was

designated as a "Shift Leader". That Party II was

committing breach of the mandatory provisions of

the Factories Act, 1947 relating to health, safety

and welfare. That Party I became an active member

of a Trade Union to press for the implementation of

the Factories Act, 1947. That on 03-07-2007, Party II

issued a Memo wherein false allegations were made

against Party I. That the Memo casts aspersions

and stigma on the conduct of Party I.

4. That on 12-01-2008, Party II suspended Party I

from service pending disciplinary proceedings. That in the Suspension Letter dated 12-01-2008 it was mentioned that he was entitled to subsistence allowance as per Industrial Employment Standing Order Act, 1946. That no subsistence allowance was paid to Party I. That Party II terminated the services of Party I by letter dated 15-04-2009. That Party II also sent a cheque for Rs. 73,736/- (Rupees seventy three thousand seven hundred thirty six only) towards the payment of legal dues. That Party I accepted the cheque under protest. That Party I has been unemployed since 15-04-2009. Party I prays that he be reinstated in service with full back wages, continuity of service and consequential benefits.

5. The case of Party II is that Party I is in the supervisory cadre and is not a workman. That the Factory of Party II is built with a state of the art facilities to provide good and healthy working condition for its workmen. It is denied that Party II is not complying with the mandatory provisions of the Factories Act, 1948. That Party I committed certain acts of misconduct when he was working as a "Shift Leader" which is a supervisory post. It is admitted that on 03-07-2007 Party II issued a Memo to Party I for his misconduct. That on 12-01-2008, Party I was suspended from service. That in the Suspension Letter dated 12-01-2008 Party II had inadvertently stated that Party I was entitled to subsistence allowance under the Industrial

Employment Standing Orders Act, 1946. That Party I was not entitled to subsistence allowance. That, Party II terminated Party I from service by letter

dated 15-04-2009. That Party II had sent a cheque

of Rs. 73,736/- (Rupees seventy three thousand seven

hundred thirty six only) towards payment of all

legal dues of Party I. It is denied that Party I is

unemployed ever since his termination from service.

That, Party I is gainfully employed from the date of

his termination. Therefore, it is prayed that the

Claim of Party I be rejected.

6. In his Rejoinder to the Written Statement,

Party I denies that he was working in a supervisory

position and is not a "workman".

7. The following issues were framed by this

Tribunal.

1. Whether the Party I proves that he is a

workman u/s 2(s) of the I. D. Act, 1947?

2. Whether the Party I proves that Party II

illegally terminated his services with

immediate effect vide letter dated 15-04-09?

3. Whether the Party I proves that he is unemployed from the date of his termination till today?

4. Whether the Party II proves that it is inadvertently mentioned in the suspension letter dated 12-1-08 that Party I would be entitled to receive subsistence allowance in accordance with Industrial Employment Standing Orders Act?

5. What relief? What Award?

8. Party I and Party II adduced evidence in

support of their respective cases.

9. Thereafter, they filed an application dated 03-04-2023 for Award in terms of Settlement (Exh. 61 Colly).

201 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

10. The terms of Settlement reads as follows:-

"I. That in the present matter it is agreed between

the Parties to settle the dispute amicably for a composite amount of Rs. 3,50,000/- (Rupees three lakh fifty thousand only) before this Court and accordingly issued cheque/Demand Draft dated 03-04-2023.

II. The Party II herein have agreed to pay a sum

of Rs. 3,50,000/- (Rupees three lakh fifty

thousand only) in full and final settlement of

the entire claim amount of the Party I in the

present matter.

III. The Party I herein declares that his claim in

the present matter is conclusively settled.

IV. The Party No. I, Shri Blasco John Fernandes

state that he is having no claim of whatsoever

nature against the Party No. II/Employer and

that he does not wish to pursue to the present IV. The Party No. I, Shri Blasco John Fernandes state that he is having no claim of whatsoever nature against the Party No. II/ /Employer and that he does not wish to pursue to the present reference and treat the said reference as settled.

(ii) No orders as to costs.

(iii) Inform the Government accordingly.

Sd/- (Anil Scaria) Presiding Officer, Industrial Tribunal and Labour Court.

———uuu———

Department of Museums

Directorate of Museums

–––

Order

reference and treat the said reference as

settled."

11. I have gone through the records of the case

and the terms of settlement and I am convinced

that the consent terms filed by the Parties are just

and fair and are in the interest of the Workman/

/Party I and the Employer/Party II and therefore the same are accepted.

Hence, I pass the following:-

O RDER

(i) The reference in IT/32/2011 stands awarded as per the terms of settlement filed by both the Parties at Exhibit 61 Colly.

The terms of settlement are as follows:-

TERMS OF SETTLEMENT

I. That in the present matter it is agreed between the Parties to settle the dispute amicably for a composite amount of Rs. 3,50,000/- (Rupees three lakh fifty thousand only) before this Court and accordingly issued cheque/Demand Draft dated 03-04-2023.

II. The Party II herein have agreed to pay a sum of Rs. 3,50,000/- (Rupees three lakh fifty thousand only) in full and final settlement of the entire claim amount of the Party I in the present matter.

III. The Party I herein declares that his claim in the present matter is conclusively settled.

No. 1/105/2005/-06/DM-357

In pursuance to Clause 5(2) of the Right to

Information Act, 2005, the following officials are

hereby appointed as Public Information Officer and

Assistant Public Information Officer at the Head

Office, for the Directorate of Museum to deal with

the application received from the public under

Right to Information Act, 2005.

1. Smt. Manisha G. Govenkar, Public Information

Curator (Education), Officer, Directorate

Tel. No. 2434406 of Museums.

2. Shri Sachin B. Bandodkar, Assistant Public

Head Clerk, Information Officer,

Tel. No. 2434406 Directorate of

Museums.

The Public Information Officer shall be

responsible for the preparation and publication of

the manuals from time to time as per the said Act

and deal with the application received by her under

the Right to Information Act, 2005 on top priority so

as to furnish the information to the applicant within

the stipulated period and within the provisions of

the Act.

Upasana Mazgaonkar, Director (Museums).

Panaji, 28th April, 2023.

202 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

Department of Personnel

–––

Sr. Name of the Officer & Posted as

No. present post

1 2 3

Order

No. 13/08/2023-PER/1261

Governor of Goa is pleased to grant extension in

service to Shri Sudhir A. Parab, Superintending Engineer, Public Works Department beyond the date of his superannuation for a period of one year w.e.f. 01-05-2023 to 30-04-2024 in public interest. The said extension in service is subject to vigilance clearance, concurrence of Finance Department and

approval of Council of Ministers.

1. Kum. Prajakta D. Goltekar, D e p u t y C h i e f Deputy Director (Admn.), Electoral Officer. Agriculture

This is issued with the approval of the Election Commission of India vide letter No. 154/Goa/2023- P.Admn/6276 dated 13-04-2023.

By order and in the name of the Governor of

Goa.

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

Porvorim, 04th May, 2023.

————

Order

The extension is further subject to termination without assigning any reasons at any time during the period of extension.

By order and in the name of the Governor of

Goa.

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

Porvorim, 28th April, 2023.

————

No. 6/5/2023-PER/1336

On the recommendation of the Goa Services Board, the Governor of Goa is pleased to post Smt. Upasana Mazgaonkar, Selection Grade Officer of Goa Civil Service as Member Secretary, Goa State Commission for Women, in public interest, with immediate effect.

Order

No. 13/09/2023-PER/1262

Governor of Goa is pleased to grant extension in

service to Dr. Sushila Mendes, Professor in History,

Government College of Arts, Science and

Commerce, Quepem beyond the date of her By order and in the name of the Governor of

Goa.

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

Porvorim, 8th May, 2023.

————

Order

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

01-05-2023 to 30-04-2024 in public interest. The said

extension in service is subject to vigilance

clearance, concurrence of Finance Department and

approval of Council of Ministers.

The extension is further subject to termination

without assigning any reasons at any time during

the period of extension.

By order and in the name of the Governor of

Goa.

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

Porvorim, 28th April, 2023.

————

No. 5/23/2022-PER/1337

On the recommendation of the Goa Services Board, the Governor of Goa is pleased to order transfer of the following Junior Scale Officers of Goa Civil Service, in public interest, with immediate effect:-

Sr. Name of the Officer Posted as No. & present post

1 2 3

1. Shri Belwadi Samiullah Deputy Director Nishat, awaiting (Admn), Electricity. posting

Order

No. 6/16/2012-PER(PF)/1314

On the recommendation of the Goa Services Board, the Governor of Goa is pleased to order transfer of the following Junior Scale Officer of Goa Civil Service in public interest, with immediate effect:-

2. Shri Pankaj Rane, Deputy Collector awaiting posting (DRO), South with additional charge of SLAO, WRD, Gogol.

3. Shri Raju Dessai, Forest Settlement

Member Secretary, Officer, North. Ravindra Bhavan, Curchorem holding203 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023 1 2 3

additional charge of Deputy Registrar, Goa Engineering College, Farmagudi

4. Shri Prakash Redkar, Deputy Director Deputy Director (Admn.), (Admn.), PWD. Electricity holding additional charge of Deputy Director (Admn.), PWD

5. Shri Shubham Naik, Deputy Registrar, Deputy Collector (DRO), Goa Engineering South College, Farmagudi.

6. Shri Mangaldas Gaonkar, Forest Settlement Forest Settlement Officer, Officer, South. North

Shri Yogiraj Prakash Gosavi, Deputy Director (Admn.), Information Technology shall hold the charge of Deputy Director (Admn.), Agriculture in addition to his own duties.

Shri Manohar Lavu Karekar, Under Secretary to the Hon'ble Minister for PWD, Law & Judiciary, Legislative Affairs, Environment & Climate Change holding additional charge of Chief Officer, Curchorem Municipal Council shall also hold the charge of Member Secretary, Ravindra Bhavan, Curchorem 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, 8th May, 2023.

————

Notification

No. 5/1/2021-PER/1311

In pursuance to Rule 23 of the Goa Civil Service Rules, 2016, the Departmental Examination for the Junior Scale Officers of Goa Civil Service mentioned in the enclosed annexure is scheduled from 24th to 26th May, 2023 at GIPARD, Ella Farm, Old Goa as per the schedule mentioned below:-

Date Paper Marks Time

1 2

24-05-2023 Paper-I- The Goan Ethos, Basic 100 10.00 a.m.– 1.00 p.m.

Principles of Goa and General Studies (without books)

24-05-2023 Paper-II- Legal Foundations of 100 2.30 p.m.– 5.30 p.m.

Government (with books)

25-05-2023 Paper-III- Legal Machinery of 100 10.00 a.m.– 1.00 p.m.

Government (with books)

25-05-2023 Paper-IV- Financial Management 100 2.30 p.m.– 5.30 p.m.

in Government (with books)

26-05-2023 Paper-V- Administrative Skill 100 10.00 a.m.– 1.00 p.m.

on Government (with books)

26-05-2023 Paper-VI- Contemporary issues 50 2.30 p.m.– 4.30 p.m.

in Governance (without books)

The Candidates shall report to the examination centre at GIPARD atleast 30 minutes before the commencement of the examination on each day, along with a valid ID proof in original/or the ID Card provided by GIPARD during the Departmental Training.

No mobile phones or any electronic gadgets will be allowed in the examination hall.

Each Candidate has to write only the seat number on his/her answer book/supplements (if any). No other details or inscription/symbols or any description which can reveal the identity of the Candidate, shall be made on the answer-book, etc. In such event, where the identity of the Candidate is revealed, the answer-book shall not be assessed and the Candidate awarded NIL marks.

204 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

No material in the form of books, notes, electronic gadgets, etc. will be allowed in the examination hall for the examination which are conducted without books.

Books/reading material/class notes/powerpoint presentations will be allowed to be taken in the Examination Hall only for Paper II, Paper III, Paper IV and Paper V. In case Candidates are carrying on themselves the relevant books/reading material/ /classnotes/powerpoint presentations in electronic form on laptops/tablets, then the Candidate shall necessarily deposit the said laptop/tablet with the Controller of Examination at GIPARD, for the purpose of disabling all network connections, etc.

The Officer shall be declared passed in the examination, if he/she secures a minimum of 45% of the total marks in each paper.

By order and in the name of the Governor of

Goa.

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

Porvorim, 04th May, 2023.

———— ANNEXURE

Seat Name of the Junior Scale Officer No.

1 2

001 Smt. Sandra De Souza.

002 Smt. Asha Harmalkar.

1 2

023 Shri Sitaram Gurudas Sawal.

024 Shri Manohar Lavu Karekar.

025 Shri Shreyas Dsilva.

026 Dr. Medora Eromilla D Costa.

027 Dr. Mriselda Velika Monteiro.

028 Shri Velton Peter Tellis.

029 Shri Prajeet Ramdas Chodankar.

030 Shri Vinayak Suresh Chari.

031 Ms. Diksha Namdev Tari.

032 Shri Suyash Vinayak Sinai Khandeparkar.

033 Kum. Vrushika Premanand Kauthankar.

034 Shri Himanshu Rajesh Patnekar.

035 Kum. Deepti Dharma Gaonkar.

036 Shri Ishwar Madan Madkaikar.

037 Shri Omkar Amar Asolkar.

038 Shri Naresh Gaude.

039 Shri Pankaj Rane.

040 Shri Belwadi Samiullah Nishat.

———uuu———

Department of Power

Office of the Chief Electrical Engineer

–––

Order

003 Smt. Swati Dalvi.

004 Shri Alexio F. Vaz.

005 Shri Ravishekhar G. Nipanikar.

006 Shri Joao B. Fernandes.

007 Shri Pandurang T. Talgaonkar.

008 Shri Dinesh Pawar.

009 Shri Sohan Ashok Uskaikar.

010 Shri Gauresh Ashok Pilgaonkar.

011 Shri H. B. Khedekar.

012 Smt. Jyoti B. Dessai.

013 Shri Tulsidas S. Karanzalkar.

014 Shri Avit S. Naik.

015 Shri P. A. Parab.

016 Smt. Pratima J. Braganza.

017 Shri Milagres Soares.

018 Shri Shubham Mohan Naik.

019 Shri Ganesh Krishnakumar Barve.

020 Shri Yogiraj Prakash Gosavi.

021 Smt. Ashwini Vidwal Bhagat.

022 Shri Girish Gopal Sawant.

No. CEE/Estt-31-25-88/GPSC/Part/218

On the recommendation of the Departmental Promotion Committee as conveyed by the Goa Public Service Commission vide letter No. COM/II/ /11/16(1)/04/41 dated 13-04-2023, the Government is pleased to promote Shri Jawahar S. Naik, Assistant Engineer (Civil) to the post of Executive Engineer (Civil), Group 'A' Gazetted in the Pay Matrix Level 11 on regular basis with immediate effect.

2. He shall be posted as Executive Engineer

(Civil), Division XV, Patto, Panaji.

3. The promotee Officer shall be on probation for a period of two years. He should exercise an option for fixation of pay under F.R-22(1) (a) (i) within one month from the date of promotion.

4. This issues with the approval of the Government vide Inward No. 1453 dated 26-04-2023.

By order and in the name of the Governor of

Goa.

Stephen Fernandes, Chief Electrical Engineer &

ex officio Addl. Secretary.

Panaji, 03rd May, 2023.

205 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

Department of Public Health

–––

Order

No. 22/6/98-I/PHD/PF.I/633

Read: Order No. 22/6/98-I/PHD/PF.I/258 dated

16-02-2023.

Consequent upon promotion of Dr. Megha M. Dalvi alias Megha Datta Kudchadkar, Medical Officer to the post of Health Officer vide Order dated 16-02-2023 read in preamble, she is hereby posted at Community Health Centre, Curchorem with immediate effect.

By order and in the name of the Governor of

Goa.

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 28th April, 2023.

———

in GMC and also to seek legal opinion from office of Advocate General, Government of Goa to recommend the correct procedure to be followed to give effect for reservation at the earliest for admission at Post Graduate courses in GMC.

And whereas, the above recommendations of the Committee was placed before the Chairperson of the Committee and accordingly, Dean, Goa Medical College & Hospital has been requested to take up the matter with Ld. Advocate General for legal opinion regarding the procedure to be followed to give effect for reservation to Post Graduate courses in GMC, as desired in the meeting.

And whereas the above Committee further held a meeting on 6-04-2023 and following decision/ /recommendations were taken:-

Order

No. 44/46/2018-I/PHD/634

Government is pleased to accept the resignation tendered by Dr. Sneha Volvoikar, Junior Radiologist under Directorate of Health Services and to relieve her from the post of Junior Radiologist under Directorate of Health Services with effect from 06-04-2023 (b. n.).

By order and in the name of the Governor of

Goa.

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 27th April, 2023.

——— Order

No. 5-10-2020-II/PHD/653

Whereas, Government vide Order No. 5/10/2020- -II/PHD/1933 dated 18-11-2022, has constituted an Expert Committee of the following members to study and consider the views of all the stakeholders and make recommendations to the Government as to whether reservation is at all required at the Post Graduation Level in Goa Medical College and to what extent such reservation is required to be provided for:- (i) Secretary (Health)—Chairperson, (ii) Chairman, OBC Commission—Member, (iii) President, Goa Medical Council—Member, (iv) Dean, Goa Medical College—Member Secretary.

And whereas, the above Committee held a meeting on 03-02-2023 and the Members of the Committee after discussion has unanimously decided to recommend implementation of reservation for admission to Post Graduate courses i) All the members of the committee unanimously decided to recommend implementation of reservation for Post Graduate courses in Goa Medical College as per the Goa Government policy and Directorate of Technical Education prospectus i.e. 2% for SC, 12% for ST & 27% for OBC. However, the required procedure for implementation of reservation policy may be executed by Government.

ii) All members agreed upon that the roaster for reservation in Post Graduate courses in Goa Medical College should be prepared by Social Welfare Department.

iii) Goa Medical College to send the proposal for reservation in Post Graduate courses to Public Health Department for obtaining Government approval.

And whereas, the above decision/re- commendations of the Committee were placed before the Government and the same were accepted/approved by the Government.

Now therefore, Government of Goa hereby implements the reservation for Post Graduate courses in Goa Medical College as per the Goa Government policy and Directorate of Technical Education prospectus i.e. 2% for SC, 12% for ST & 27% for OBC. Government further directs Dean (Goa Medical College & Hospital) to send the proposal for reservation in Post Graduate Courses to Public Health Department for obtaining Government approval. The roaster for reservation in Post Graduate courses in Goa Medical College should be prepared by Social Welfare Department.

By order and in the name of the Governor of

Goa.

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

Porvorim, 5th May, 2023.

206 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

Order

No. 4/3/2017-IV/PHD

On the recommendation of the Goa Public Service

Commission conveyed vide their letter No. COM/II/ /12/14(2)/2013/34 dated 13-04-2023, Government is pleased to declare satisfactory completion of probation period of one year by Dr. Aniket Uday Vaidya, Lecturer in Department of Oral Medicine and Radiology under Goa Dental College & Hospital,

Bambolim and also to confirm him against the said post.

By order and in the name of the Governor of

Goa.

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

Porvorim, 05th May, 2023.

–––––—

No. 4/3/2017-IV/PHD/680

On the recommendation of the Goa Public Service

Commission conveyed vide their letter No. COM/II/ /12/14(2)/2023/35 dated 13-04-2023, Government is pleased to declare satisfactory completion of probation period of one year by Dr. Ruth Mary Nila Lourenco, Lecturer and Dr. Clarence Pascoal Dias, Lecturer in Department of Periodontics under Goa

Dental College & Hospital, Bambolim and also to confirm them against the said post.

By order and in the name of the Governor of

Goa.

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

Porvorim, 05th May, 2023.

–––––—

Order

No. 4/3/2017-IV/PHD/677

On the recommendation of the Goa Public Service Commission conveyed vide their letter No. COM/II//12/14(3)/2023/37 dated 13-04-2023, Government is pleased to declare satisfactory

completion of probation period of one year by Dr. Jochima Eudora Cota, Lecturer and Dr. Poonam R. Sawant, Lecturer in Department of Oral Pathology under Goa Dental College & Hospital, Bambolim and also to confirm them against the said post.

By order and in the name of the Governor of

Goa.

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

Porvorim, 05th May, 2023.

–––––—

No. 4/3/2017-IV/PHD/681

On the recommendation of the Goa Public Service

Commission conveyed vide their letter No. COM/II/ /12/14(4)/2023/32 dated 13-04-2023, Government is pleased to declare satisfactory completion of probation period of one year by Dr. Mangesh Ashok Kakodkar, Lecturer in Department of Orthodontics under Goa Dental College & Hospital, Bambolim and also to confirm him against the said post.

By order and in the name of the Governor of

Goa.

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

Porvorim, 05th May, 2023.

–––––—

Order

No. 4/3/2017-IV/PHD/678

On the recommendation of the Goa Public Service Commission conveyed vide their letter No. COM/II/ /12/14(1)/2023/33 dated 13-04-2023, Government is pleased to declare satisfactory completion of probation period of one year by Dr. Godwin Savio Clovis Da Costa, Lecturer, Dr. Kathleen Manuela D'Souza, Lecturer and Dr. Mitalee Mopkar, Lecturer in Department of Prosthodontics under Goa Dental College & Hospital, Bambolim and also to confirm them against the said post.

By order and in the name of the Governor of

Goa.

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

Porvorim, 05th May, 2023.

No. 4/3/2017-IV/PHD/682

On the recommendation of the Goa Public Service Commission conveyed vide their letter No. COM/II/ /12/14(3)/2013/31 dated 13-04-2023, Government is pleased to declare satisfactory completion of probation period of one year by Dr. Edlyn Rodrigues, Lecturer, Dr. Rakshit Khandeparker, Lecturer and Dr.

Rahul Kamat, Lecturer in Department of Oral and Maxillofacial Surgery under Goa Dental College & Hospital, Bambolim and also to confirm them against the said post.

By order and in the name of the Governor of

Goa.

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

Porvorim, 05th May, 2023.

207 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 6 11TH MAY, 2023

Order

No. 4/3/2017-IV/PHD/683

On the recommendation of the Goa Public Service Commission conveyed vide their letter No. COM/II/ /12/14(1)/2013/36 dated 13-04-2023, Government is pleased to declare satisfactory completion of probation period of one year by Dr. Renita Savia Soares, Lecturer and Dr. Beverley Mercy Themudo, Lecturer in Department of Conservative Dentistry and Endodontics under Goa Dental College & Hospital, Bambolim and also to confirm them against the said post.

By order and in the name of the Governor of

Goa.

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

Porvorim, 05th May, 2023.

–––––—

Corrigendum

No. 25/12/2019-I/PHD/671

Read: Order No. 25/12/2019-I/PHD/106 dated 24-01-2023.

In the Government Order dated 24-01-2023 referred above, the details shown against Sr. No. 48 of annexure in respect of Dr. Damodar alias Swapnil Arsekar, Junior Physician shall be substituted and read as under:-

Name & Date of Present Grade Pay Date Designation joining Grade Pay to be made of effect

applicable under DACP

Dr. Damodar alias Swapnil 13-03-2013 G.P. Rs. 6,600/- G.P. Rs. 7,600/- 13-03-2022. Arsekar, Junior Physician in PB-3 in PB-3

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

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 8th May, 2023.

———uuu———

Department of Social Welfare Directorate of Social Welfare

–––

Department of Transport

Directorate of Transport

–––

Order

Corrigendum

No. 58-9-97-BC-Vol.IV/5/645

Read: Order No. 58-9-97-BC-Vol.IV/5/5929 dated

21-02-2019.

In observance of the Rule-9 of the SC/ST (POA) Rules, 1995, the Government of Goa hereby nominates Shri Gopal A. Parsekar, Additional Secretary to Government of Goa as Nodal Officer for co-ordinating the function of District Magistrate, Superintendent of Police & authorized Officers responsible for implementation of the provision of the Act.

This supersedes the earlier Order issued in this matter with approval of the Government 404/F dated 19-04-2023.

Sandhya Kamat, Director (Social Welfare) & ex

officio Additional Secretary. Panaji, 5th May, 2023.

No. D.Tpt/EST/1997/(PF)2022/1186

Read: Notification No. D.Tpt/EST/1997/(PF)2022/

/680 dated 15-03-2023.

The name of Director on Board of Directors of

Kadamba Transport Corporation Limited appearing

at Sr. No. 2 may be read as "Shri Kritesh Naik

Gaunkar" instead of Shri Kritesh Gaonkar.

By order and in the name of the Governor of

Goa.

Rajan Satardekar, Director & ex officio Addl.

Secretary (Transport).

Panaji, 2nd May, 2023.

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