SERIES II No. 44

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

Reg. No. RNP/GOA/32/2024-2026

Panaji, 30th January, 2025 (Magha 10, 1946)

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

——

Order

No. 2/14/95/Agri(Part)/Vol.II/2024-25/1520

Government is pleased to order the transfer of the following Group ‘B’ Gazetted Officers of this

Directorate as indicated below against their names:

Sr. No.

Name & designation

Place of present posting

Place of posting on transfer

1

2

3

4

1.

Shri Krishnanath B. Naik,

Agriculture Officer (Crops), Crops

Agriculture Officer (Plant

Agriculture Officer

& PP Section, Head Quarter

Protection), Crops & PP

Section, Head Quarter vice

Smt. Pallavi R. Shetye being

transferred.

2.

Smt. Pallavi R. Shetye,

Agriculture Officer (Plant Protection),

Agriculture Officer (Crops),

Agriculture Officer

Crops & PP Section, Head Quarter

Crops & PP Section, Head

Quarter vice Shri Krishnanath

B. Naik being transferred.

3.

Shri Prakash G. Raut,

Agriculture Officer (Extension),

Agriculture Officer, District

Agriculture Officer

(Extension & IT) Section, Head Quarter

Agriculture Office (North),

Goa Head Quarter vice Smt.

Shruti S. Dhupkar being

transferred.

4.

Smt. Shruti S. Dhupkar,

Agriculture Officer, District

Agriculture Officer

Agriculture Officer

Agriculture Office (North), Goa,

(Extension), (Extension & IT)

Head Quarter

Section, Head Quarter, vice

Shri Prakash G. Raut being

transferred.

5.

Shri Sachin G. Gaonkar,

Zonal Agriculture Office,

Zonal Agriculture Office,

Assistant Agriculture

Canacona-Goa

Quepem-Goa

vice

Shri

Officer

Mandesh K. Gaonkar being

transferred.

6.

Shri Mandesh K. Gaonkar,

Zonal Agriculture Office,

Zonal Agriculture Office,

Assistant Agriculture

Quepem-Goa

Canacona-Goa vice Shri

Officer

Sachin G. Gaonkar being

transferred.

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

915

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 44

30TH JANUARY, 2025

The above Officers at Sr. No. 1 to 4 shall stand

relieved from their respective post w.e.f. 31-01-2025

(a. n). The Officers at Sr. No. 5 & 6 shall stand

relieved from their respective post with immediate

effect to join their new place of posting on transfer.

This is issued with approval of Government vide

entry No. 2418 dated 09-01-2025.

By order and in the name of the Governor of

Goa.

Sandeep B. Fol Dessai, Director (Agriculture) &

ex officio Jt. Secretary.

Tonca-Caranzalem, 15th January, 2025.

——————

Goa Human Rights Commission

Before the Goa Human Rights Commission

Panaji-Goa

––––

Proceeding No. 88/2024

Mr. Anand Rangnath Tari,

H. No. 754, Near Ferry Point,

Durbhat, Ponda, Goa 403401 …… Complainant.

v/s

The Captain of Ports,

Panaji-Goa …… Respondent.

INQUIRY REPORT

(26th August, 2024)

The complaint dated 15-04-2024, was received

from the Complainant, in respect of wrong fixation

of his pay scale and for refund of the recovery of

an amount of Rs. 54,906/- from his gratuity at the

time of his retirement on 30-04-2023.

2. On perusing the complaint, the Commission

by Order dated 10-06-2024, called for the reply

from the Respondent.

3. The Respondent filed their reply dated

18-07-2024.

4. The Commission heard the Complainant in

person and heard Shri Abhay Barve, Deputy

Hydrographic Surveyor, on behalf of the

Respondent.

5. The Commission has gone through the

complaint, the reply of the Respondent and has

considered the law on the subject.

6. The first grievance raised by the Complainant

was that when his 2nd MACPS was fixed on

07-03-2016, he had given an option to fix his pay

as per his joining date instead of normal increment

and the office did not inform him of the implication

of the wrong option selected by him. He had joined

as a Sailor, Group ‘C’ in the Captain of Ports

Department on 01-03-1989 on ad-hoc basis and was

regularized from 01-03-1989.

7. In their reply, the Respondent has stated that

the Complainant was granted 2nd MACPS w.e.f.

01-03-2009, by Order dated 28-09-2015, as per the

option exercised by him. Thereafter, he made several

applications for rectification of 02nd MACPS pay

fixation and guidance was sought from the

Directorate of Accounts, who informed that the option

once exercised is final. The Respondent informed the

Complainant about the same by letter dated

20-02-2018.

8. Again, the Complainant had made a fresh

application to the Under Secretary, Finance (R & C)

Department, who by letter dated 18-11-2022, informed

the Complainant that his request cannot be

considered and the matter stands disposed of.

9. However, the Complainant again made a fresh

application dated 18-04-2023, to the office requesting

to allow him to re-exercise option/pay i.e. to fix his

pay after accrual of normal increment in relaxation to

the Rules and the Department of Finance again

rejected the request.

10. Accordingly, in the facts of the present case,

the Commission finds that all the applications

preferred by the Complainant to correct/rectify his

02nd MACPS pay fixation were considered and

rejected by the Government Departments. In this

respect, the Commission finds that there has been no

violation of human rights of the Complainant by the

Respondent.

11. The second grievance of the Complainant is

about the wrongful deduction from his gratuity. From

the reply of the Respondent, it is seen that the

Respondent had retired from Government service on

30-04-2023 as a Sailor, Group ‘C’. They stated that

when the pension case of the Complainant was sent

to the Directorate of Accounts, it was returned with

observations including that the pay fixation of 01st

ACPS was incorrect i.e. the pay had been fixed at

Rs. 4500 instead of Rs. 4400 and the Department was

directed to examine the matter and action towards

overpayment was initiated from the Complainant.

12. The Respondent stated that the Complainant

had requested to adjust the recovery amount of

Rs. 54,906/- from his retirement gratuity and No

Demand Certificate dated 11-07-2023 was issued and

the matter of recovery was settled and the pension

case was re-submitted to the Directorate of Accounts

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 44

30TH JANUARY, 2025

917

for his pension settlement and he had also given his

consent to recover from his pension/relief/

/gratuity any Government dues that have remained

uncovered and any excess payment made.

13. The facts of the present case bring out that

the Complainant had retired on superannuation on

30-04-2023 and after his retirement, on 11-07-2023,

No Demand Certificate was issued.

14. There is the Judgment of the High Court of

Bombay at Goa in the case of Jotiba Ishwar Mali vs

the State of Goa and others, Writ Petition No. 285

of 2024, decided by the Oral Judgment dated

03-04-2024.

15. The above case of Jotiba Ishwar Mali (supra)

was a case where an excess payment of Rs. 4,18,633/-

was recovered from the Petitioner after his

retirement on the ground that this amount was

wrongly paid to him. The High Court held that the

excess

payment

was

not

due

to

any

misrepresentation by the Petitioner and it was

because of an error on the Respondents’ part.

16. The above Judgment was based on the

principles laid down by the Hon’ble Supreme Court

in the cases of the State of Punjab vs Rafiq Masih,

A.I.R. 2015 SC 696 and Thomas Daniel vs State of

Kerala and others, 2022 SCC Online SC 536.

17. Both the above referred decisions hold that

where monetary benefits were given to the

employees in excess of their entitlement due to

unintentional mistakes committed by the concerned

competent authorities in determining the

emoluments payable to them and the employees

were not guilty of furnishing any incorrect

information/misrepresentation/fraud, which had led

the concerned competent authorities to commit the

mistake of making the higher payment to the

employees, no recoveries must be ordered or

enforced after the retirement of such employees.

In fact, the direction was not to recover from the

retired employees or the employees who were

due to retire within one year of the order of

recovery.

18. Guided by the above Judgments, the

Commission finds that the Respondent could not

have recovered the excess payment from his

retirement gratuity, as the excess payment was not

due to any mistake of the Complainant. The

undertaking given by him to refund any excess

payment is of no consequence, in view of the law

laid down by the Courts.

19. Guided by the Judgment of the High Court of

Bombay at Goa (supra), in the facts of the present

case, the Commission finds that the Respondent

could not have recovered the said overpayment of

Rs. 54,906/- from the gratuity amount of the

Complainant after his retirement. It is also not the

case of the Respondent that the excess payment

was due to any misrepresentation by the

Complainant.

20. Accordingly, the Commission recommends

that the Respondent shall refund the recovered

amount of Rs. 54,906/- (Rupees fifty four thousand

nine hundred and six only) to the Complainant as

expeditiously as possible and, in any case, not later

than 60 days from today. If this amount is not paid

to the Complainant within 60 days from today, it

will carry interest at the rate of 8% per annum

beginning from the date of this order until the date

of payment.

21. Under Section 18(e) of the Protection of Human

Rights Act, 1993, the Commission shall send a copy

of the Inquiry Report together with its recommendations

to the concerned Government or authority and they

shall, within a period of one month or such further

time as the Commission may allow, forward its

comments on the report, including the action taken

or proposed to be taken, to the Commission.

22. Copy of the Inquiry Report be sent to the

Respondent, calling for their comments, including

the action taken or proposed to be taken within a

period of 60 days or on or before 28-10-2024, in terms

of Section 18(e) of the Protection of Human Rights

Act, 1993.

Panaji, 26th August, 2024.

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SERIES II No. 44

30TH JANUARY, 2025

—––––—

Proceeding No. 32/2022

Daily Proceeding Sheet

24-04-2024

Complainant present.

Sr. No. 15

Shri Edwin Carvalho, Secretary, present

on behalf of the Respondent No. 1.

Ms. Sulaksha Kalekar, Head Clerk, present

on behalf of the Respondent No. 2.

Application filed by the Complainant for

payment with interest.

Application filed by Respondent No. 1

that approval was received from BDO of

MACPS-I and MACPS-II of the Complainant.

Arguments heard.

Inquiry Report passed.

The Respondent No. 1 has admitted that

the amount due to the Complainant, who

is a Peon of the Village Panchayat

Betalbatim, of the first and second MACPS

has been prepared after the approval of

the BDO, Margao, by letter dated

15-04-2024.

The Commission recommends that the

amount of Rs. 2,41,221/- (Rupees two lakhs

forty one thousand two hundred twenty

one only) be paid to the Complainant by

the Respondent No. 1, within 60 days from

today along with simple interest at 6%

per annum, from 01-04-2011 till date of

final payment, along with compensation

to the Complainant of Rs. 5000/- (Rupees

five thousand only) for the hardship

caused to him.

Copy of the Inquiry Report be sent to the

Respondent No. 1 calling for their

comments, including the action taken or

proposed to be taken within a period

of 60 days or on or before 25-06-2024, in

terms of Section 18(e) of the Protection of

Human Rights Act, 1993.

Sd/-

Sd/-

(Desmond D’Costa)

(Pramod V. Kamat)

Acting Chairperson/Member,

Member,

Goa Human Rights Commission

Goa Human Rights

Commission

––––

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 44

30TH JANUARY, 2025

919

Department of Labour

––

Notification

No. 28/02/2024-LAB/708

The following Award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

24-10-2024 in Case Ref. No. IT/01/2018 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, 20th November, 2024.

––––

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Mrs. Vijayalaxmi Shivolkar, Presiding Officer)

Ref. No. IT/01/2018

Workmen Rep. by

The General Secretary,

All India Trade Union Congress,

Velho’s Bldg., 2nd Floor,

Opp. Municipal Garden,

Panaji-Goa .....Workmen/Party-I.

V/s

M/s Goa Glass Fibre Limited,

Colvale, Bardez-Goa .… Employer/Party II.

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

De Costa.

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

Chawdikar.

AWARD

(Delivered on this the 24th day of the month of

October of the year 2024)

By Order dated 16-01-2018, bearing No. 28/35/

/2017-LAB/49, the Government of Goa in exercise of

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

of Section 10 of the Industrial Disputes Act, 1947,

(Central Act 14 of 1947) (hereinafter referred to as

the “said Act”), the existing dispute between the

Management of M/s. Goa Glass Fibre Ltd., Colvale,

Bardez-Goa and All India Trade Union Congress,

Panaji, Goa, referred the matter for adjudication to

the Industrial Tribunal of Goa at Panaji-Goa,

constituted under Section 7-A of the said Act.

SCHEDULE

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

Goa Glass Fibre Limited, Colvale, Bardez, Goa,

in withdrawing, with effect from January, 2016,

the benefits granted to six workmen, namely

S/Shri Mandar Parsekar, Rameshwar Shirodkar,

Vidyadhar Talashikar, Nanda Desai, Rohan

Narse and Naresh Gawde as per the terms of

Memorandum of Settlement dated 14-08-2015

signed under Section 12(3) of the Industrial

Dispute Act, 1947 (14 of 1947) is legal and

justified?

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

2. Upon receipt of the reference, it was registered

as IT/01/2018 and registered A/D notices were issued

to both the Parties. Pursuant to service of notice, the

Party I filed its Statement of Claim at Exhibit 7.

3. In the Statement of Claim the case of all the six

Workmen namely S/Shri Mandar Parsekar,

Rameshwar Shirodkar, Vidyadar Talashikar, Nanda

Dessai, Rohan Narse and Naresh Gawde is that they

had been appointed on 31-10-2014 in W-4 Grade by

the Party II and their services were confirmed by

Party II w.e.f 30-04-2015. Accordingly, the said six

workers became permanent team members

(workmen) of the company as on 30-04-2015.

i)

Shri Mandar Parsekar.

ii)

Shri Rameshwar Shirodkar.

iii) Shri Vidyadhar Talashikar.

iv) Shri Nanda Desai.

v)

Shri Rohan Narse.

vi) Shri Naresh Gaude.

4. The Party I stated that the Party I and the Goa

Glass Fibre Employees Union (GGFEU) entered into

the Memorandum of Settlement dated 14-08-2015. It

is stated that the benefits under the said settlement

would be applicable to “All the permanent Team

Members (Workmen) of the Company in Grade

W-0 to W-4, employed in the Plant of the Company

at Colvale, Goa” and that vide the Memorandum of

Settlement dated 14-08-2015 new pay scale will be

applicable to the said workers w.e.f. 01-05-2015 and

accordingly paid to the said six workers from

01-05-2015 to January, 2016.

5. The Party I further stated that the Party II

thereafter stopped the payments and other benefits

granted to the said workmen on the ground that as

per the terms of Memorandum of Settlement, the said

six workmen were not eligible for the new pay-scale

and other benefits. Accordingly, a dispute was raised

before the Labour Commissioner which ended in

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30TH JANUARY, 2025

failure due to the adamant and rigid attitude of

Party II/Company and thereafter the matter was

referred to the Industrial Tribunal for adjudication.

6. The Party I states that they are eligible for the

benefits under the said Memorandum of Settlement

and also by virtue of a letter from the Plant Director

of the Party II informing them that vide the

Memorandum of Settlement dated 14-08-2015 the new

pay-scale will be applicable to the said workmen from

01-05-2015.

7. The Party II in their Written Statement filed at

Exhibit 8, objected the reference on merits as well as

by raising preliminary objections by submitting that

the present claim filed by the Party I cannot be

construed as an “industrial dispute” as defined

under Section 2(k) of Industrial Disputes Act, 1947

and as such the matter cannot be entertained by the

Industrial Tribunal and the present Union who has

filed the Claim Statement has no locus standi to file

the same or to represent these six workmen in the

present reference.

8. On merits, it is the case of Party II that all the 6

workmen have been issued appointment letters on

31-10-2014 and that all the said 6 workmen had joined

the services of the Party II/Company on 01-11-2014

and during the initial period they were probationers

and not confirmed employees of the Party II. That the

services of the said six workmen were confirmed on

30-04-2015 and that they were made as permanent

team members of the Party II/Company as on

30-04-2015. The Party II states that the settlement is

signed on 14-08-2015 and as per the Clause 1.3, the

settlement was applicable to all the Permanent Team

Members (workmen) who are under the Muster Rolls

of the Company as on 31-03-2015. The Party II states

that since the Party I/Workmen were confirmed in

services as on 30-04-2015 as per the above mentioned

clause, the said settlement dated 14-08-2015 and its

benefits shall not be applicable to them in view of

Clause 1.3 of the Settlement dated 14-08-2015.

9. The Party II submits that this settlement dated

14-08-2015 is not applicable to the Party II workers

who were on probation as on 29-04-2015 and who

were confirmed only on 30-04-2015. The Party II

therefore states that the six workmen in the reference

were not confirmed in the services of the company

as on 31st March, 2015, and therefore were/are not

eligible for the benefits of the said settlement.

10. The Party II further stated through their

amended pleading, that the communication dated

16-02-2022 & 02-01-2023 clearly suggest that the Goa

Trade Union’s Confederation or any other Union is

not having locus standi to represent, raise dispute

as well as have any right to refer the present dispute

before this Tribunal or any other Competent Forum.

11. Considering the Claim Statement of Party I and

the Written Statement filed by the Party II, following

issues were framed by this Tribunal on 11-02-2020.

ISSUES

1. Whether the Party I proves that the action of

the Party II in withdrawing the benefits

granted to six workmen mentioned in the

Schedule w.e.f. January, 2016 as per the terms

of the Memorandum of Settlement dated

14-08-2015 signed under Section 12(3) of the

Industrial Disputes Act, 1947, is illegal and

unjustified?

2. Whether the Party I Union proves that it has

locus standi to raise the present dispute?

3. Whether the Party II proves that reference is

not maintainable as claim of Party I is not an

“Industrial Dispute” as defined under Section

2(k) of the Industrial Disputes Act, 1947?

4. What Relief? What Award?

12. I have gone through the records i.e. the

pleadings, the oral as well as documentary evidence

adduced by both the Parties and considering the

same my findings on the issues with reasons are as

follows:

Issue No. 1 : In the affirmative.

Issue No. 2 : In the affirmative.

Issue No. 3 : In the negative.

Issue No. 4 : As per final order.

REASONS

13. Issue No. 1: It is the case of the Party I that as on

14-08-2015 when the said Settlement was executed,

the six workmen under present reference were the

permanent Team Members (Workmen) of the

Company in Grade W-4 and under the Muster Rolls

of the Company. The said six workmen continued to

be in the service of the company after the signing of

the said Settlement dated 14-08-2015. Therefore, the

six workmen under reference are eligible for the

benefits under the said settlement.

14. It is the contention of the Party I/Workmen that

the Employer/Party II vide their letter dated

24-08-2015 informed the six workmen under the

reference that their basic salary, FDA, house rent

allowance, would be enhanced from May, 2015 as

per the terms of the Memorandum of Settlement

dated 14-08-2015. Pursuance to that, the six Workmen

under reference were paid new pay-scale to their

basic salary, FDA, house rent allowance, from May,

2015 to December, 2015. It is further contented that

the Party II did not give any notice/communication

OFFICIAL GAZETTE — GOVT. OF GOA

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921

to the six Workmen under reference that the new

pay-scales given to them under the Memorandum of

Settlement dated 14-08-2015 would be discontinued

after December, 2015.

15. Attention of this Tribunal has been drawn to

the terms of settlement signed between the

Management and the employees which terms of

settlement have been also signed by all the six

employees under the reference.

16. Under Clause 1.2 of the Terms of the Settlement

the benefits under the settlement are applicable to

all the Permanent Team Members “(Workmen) of the

Company in Grade W-0 to W-4 employed in the Plant

of the Company at Colvale-Goa. The Memorandum of

Settlement was signed on 14-08-2015 and on the said

date of Settlement all the six workers under the

reference were on the Muster Rolls of the Company/

/Plant/Party II as Permanent Team Members.

Therefore, the six workers under the reference were

eligible to the new pay-scales/benefits under the

said Settlement dated 14-08-2015 contented Ld.

Advocate Shri D’Costa on behalf of the workmen. For

better understanding, further relevant terms of

settlement are reproduced and the same reads as

under:

Terms 1.3:- “all the Permanent Team Members

(Workmen) who are under the Muster Rolls of the

Company as on 31-03-2015 and who continue to be

in the service of the Company as on the date of this

Settlement”.

18. It is to be noted that under Term 1.2 the

workmen have to be Permanent Team Members

(workmen) in the service of the Company as on the

date of the Settlement. The six workmen under

reference were Permanent Team Members (workmen)

as on the date of Settlement i.e 14-08-2015.

19.

Ld. Advocate Shri Tarzan De Costa

contended that the term “Permanent Team

Members” mentioned in Term–1.2 and 1.3 has not

been defined in the Memorandum of Settlement but

the term “Permanent Workmen” is defined in the

Schedule (Section 2-A) of the Industrial Employment

Act (Standing Orders) Act, 1946 and the Industrial

Employment (Standing Orders) Central Rules, 1946.

Under Schedule-I Rule 2(b) “Permanent Workman”

is a workman who has been engaged on a permanent

basis and includes any person who has satisfactorily

completed a probationary period of three months in

the same or other occupation in the Industrial

Establishment.

20. Thus, it is the contention of Ld. Adv. Shri Tarzan

De Costa that the six workmen under the reference

were appointed on probationary basis on 31-10-2014

and they completed the probationary period of three

months in the same industrial establishment as on

January, 2015. Therefore, as on 31-03-2015, the six

workmen under the reference were permanent

workmen. The Memorandum of Settlement came into

effect from 01-04-2015. Hence, the contention of the

Party II/Employer that the six workmen under the

reference cannot be considered as permanent

workmen/Permanent Team Member (Workmen) as on

31-03-2015 cannot be accepted. It is also to be noted

that the Party II informed the six workmen under the

reference by letter dated 24-08-2015 that they are

eligible for new pay-scales and other benefits under

the Memorandum of Settlement dated 14-08-2015.

The said letter dated 24-08-2015 was not withdrawn

by the Management/Party II till date nor the workmen

were put to notice about the intention of the

Management to withdraw the said benefit already

availed by these workmen in pursuance to the said

letter dated 24-08-2015. The workmen under the

reference since have availed the benefit and the

Management having acted in pursuance to the letter

dated 24-08-2015 and having granted the benefits,

therefore, there does not exist any prudent ground

or any legal basis for the Management to withdraw

the new pay-scales already made applicable to these

workmen.

21. That the six workmen under the reference have

already availed the benefits of the Settlement by way

of new pay-scale and other benefits, the

Management also has deducted at source one time

amount of Rs. 3000/- (Rupees three thousand only).

Therefore, the Employer/Party II estopped from doing

any act detriment to the interest of these workmen

since they have been already made the beneficiaries

of the Settlement dated 14-08-2015. In support of the

above contention, the Party I/Workmen have

examined the workman Vidyadar Talashikar as their

witness, who stated that Clause 1.3 gets applicable

to him as it mentions that the permanent workmen

who are under the Muster Rolls of the Company on

31-03-2015 and also who continued to be in the

service of the Company as on the date of Settlement

and that Exhibit 15 gets applicable to him”.

22. As against this, it is the defence of the Party II

that by inadvertence they paid the new pay scales

under the said Memorandum of Settlement dated

14-08-2015 to the six workmen under the reference

from 01-05-2015 till December, 2015. The further

defense of the Party II is that the Party I/Workmen

were not permanent workers as on 31-03-2015 and

so, they were not eligible for the new pay-scales as

stipulated in the Memorandum of Settlement dated

14-08-2015. So, according to the Party II, the six

workers under the reference were not eligible to the

new pay-scales/benefits under the said Settlement

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30TH JANUARY, 2025

dated 14-08-2015, as under Term 1.3 they were not

Permanent Team Members (Workmen) as on

31-03-2015.

23. In support of the above defence, the Party II

sought to place reliance on the deposition of the Party I

witness, Mr. Vidyadar Talashikar, wherein, in the

cross-examination he stated that Clause 1.3 gets

applicable to the workmen who are under the Muster

Roll of the company as on 31-03-2015. Therefore,

according to Adv. P. Chawdikar in terms of Clause

1.3, all the six workmen under the reference since

were not on the Muster Roll of the company, therefore,

are not entitled for the benefit in terms of the

Memorandum of Settlement at Exh. 15. The above

contention is not appreciated as the same witness

further in the cross-examination has stated that this

benefit also extends to the workman who continues

to be in the service of the company as on the date of

the settlement in view of Exh. 15 i.e. the Memorandum

of Settlement. Whether the benefits of Memorandum

of Settlement is applicable to these workmen or not,

shall not depend on the oral evidence brought on

record when there is a written instrument to that

effect. It is a matter of record that both the Parties to

the present reference have relied upon the

Memorandum of Settlement in support of their

respective case. Therefore, how much of oral

evidence led, if the same is contrary to the contents

of the document, that much of oral evidence cannot

be relied upon and one has to consider the written

contents of the instrument over the oral evidence.

That so much so of such oral submission shall not

brush aside the written contents of the document. In

order to find out whether the terms of the

Memorandum of Settlement were in fact applicable

to these six workmen or not, for that we need to revisit

to the applicability clause of the Memorandum of

Settlement at Exh. 15.

Applicability:

1.1 the benefits under the Settlement are

applicable to:

1.2 All the permanent Team Members (Workmen)

of the Company in Grade W-0 to W-4, employed in

the Plant of the Company at Colvale, Goa.

1.3 All the permanent Team Members (Workmen),

who are under the muster rolls of the Company as on

31st March, 2015 and who continue to be in the

service of the Company as on the date of this

settlement.

24. Thus, the sub-clause 1.2 of the applicability

clause speaks about the benefits being extended to

all the permanent team members i.e. the Workmen in

Grade W-0 and W-4 employed in the Plant. Clause 1.3

is a distinct clause, which categorize the workmen

as all the permanent team members who are under

the Muster Roll as on 31-03-2015 and who continue

to be in the service of the Company as on the date of

the settlement. From the plain reading of the

applicability clause, it appears that sub-clause 1.2

and sub-clause 1.3 are two different categories of the

workmen as both these clauses starts with all the

permanent team members (Workmen) and further

specifies the categories. There is no dispute over the

fact that the aggrieved workmen under the present

reference comes within the purview of Clause 1.2

and partially falls under Clause 1.3 as they continued

to be in the services of the Company as on the date of

the settlement.

25. Be it as it may, the Company by its own acts

and action has made the benefits of the enhanced

payment applicable to all these workmen under the

reference and the workmen have been paid the salary

in terms of the Memorandum of Settlement dated

14-08-2015. Not only that, an amount of Rs. 3000/- has

also been deducted at source as one time wage

arrears payable to each workmen to whom this

benefit of wage revision was extended and these six

workmen have availed the said benefit by way of new

enhanced pay-scale and other benefits which fact is

also not disputed by the Management. Therefore,

there is no reason as to why a principle of estoppel

should not be made applicable to the Management.

The Company having acted upon the their letter

dated 24-08-2015 to make the terms and conditions

of the Memorandum of Settlement applicable to the

workmen and further extended the benefits to these

workmen. It is also a matter of record that the Party II/

/Company without any notice stopped the payment

of new pay-scales and other benefits to these

workmen sans any legal justification. The stand taken

by the Party II/Company that the new pay-scale and

the other benefits were made applicable to these

workmen and they having received the benefits was

by way of inadvertence is unacceptable, same being

detrimental to their rights to receive the revision in

wages. These workmen since are entitled for the

enhanced wages in terms of the Memorandum dated

14-08-2015. Therefore, the action of the Management

in withdrawing the benefits granted to the workmen

under the present reference w. e. f. January, 2016 is

illegal and unjustified and hence the issue No. 1 is

answered as affirmative.

25. Issue No. 2: According to the Ld. Adv. Shri P.

Chawdikar appearing for Party II, this issue as

regards to the locus standi of Party I/Union goes to

the jurisdiction of this Tribunal. It is the contention

of Shri Chawdikar that the present dispute was

initially raised before the Assistant Labour

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923

Commissioner by the All India Trade Union Congress

(AITUC). The records reveal that the dispute was

initially signed by Mr. Christopher Fonseca, the

General Secretary of the said Union. That in the month

of December, 2017 all the workmen of the Party II

Company had resigned from the said AITUC Union

in mass and the copy of the same was forwarded to

the said Union, Labour Commissioner as well as the

Management. That after resigning from the said

Union, the workmen joined the other Union i.e. Goa

Trade Union’s Confederation, where Mr. Ajeetsingh

Rane was the President. That since the Party I had

left the AITUC Union, the said Union stopped

representing the workmen but the dispute which

was raised before the Assistant Labour Commissioner

remained as it is and hence, the present reference. It

was contended that since the present reference

currently is in the name of the AITUC Union, therefore

the present Union i.e. Goa Glass Fibre Employees

Union does not have locus standi to continue with

the dispute. It is further stated that the Claim

Statement which is before this Tribunal in the present

case is only signed by the Advocate and the same is

not signed by any of the 6 workmen nor the same has

been verified by any one of them. Ld. Advocate Shri

Chawdikar further submitted that except

Mr. Vidhyadar Talashikar, none of the other workers

deposed in the present matter which clearly shows

that they are not interested in pursuing the present

matter and as such no cognizance be taken and no

relief be given to them.

26. In support of the above contention, he placed

reliance in the case of Deepak Industries Ltd. and

Anr. V/s State of West Bengal and Ors.” It is an

admitted position that the 174 dismissed workmen

of the appellant were not members of the union

which espoused their cause before the Tribunal and

it is also an admitted position that there is no

resolution either of the general body of the workmen

of the appellant or of the executive body of the union

and it is also an admitted position that the said 174

dismissed workmen neither individually nor as a

body authorized the union to espouse their cause

before the said Tribunal. In these circumstances, the

appellant contended that there existed no Industrial

dispute within the meaning of Section 2(K) of the

Industrial Disputes Act, 1947. The appellant further

contended that there existed no union of the

workmen in the name of New Allenberry Workers’

Union. At the material time and none of the said 174

workers were the members of the said union and as

such it had no representative capacity so far as the

said employees of the appellants were concerned.

The appellant also alleged, that the Tribunal had no

jurisdiction as there was no industrial dispute and

the order of reference by the Government of West

Bengal, Labour Department, dated the 20th of

November, 1968 was incompetent.

The main question raised before the Tribunal was

that the reference was not maintainable and the

union had no authority or locus standi to sponsor or

espouse the case of the said 174 workmen of the

appellant; The learned trial Judge held that there

was evidence that the union had espoused the cause

of the said 174 discharged workmen though they

were not members of the said union and as such the

rule was discharged. But the learned Judge

expunged a portion of the judgment and order of the

Tribunal which contained disparaging remarks

against one Sri K.L. Purohit, the personnel officer of

the appellant.

Now applying the said principles to the facts of

this case it appear that from the very beginning the

appellant, that is, the management contended that

the union had no authority to represent the 174

dismissed workmen of the appellant. That was the

stand of the appellant at the conciliation proceeding

and also before the Tribunal to which the alleged

industrial dispute was referred under Section 10(1)

of the Industrial Disputes Act by the State

Government. Therefore, in such circumstances it

became incumbent on the respondent-union to

produce material and documentary evidence to show

it has the requisite authority to represent the

dismissed 174 workmen of the appellant. It is an

admitted position that the said 174 workmen were

not members of the respondent-union at the date of

the reference. It is also not disputed that none of the

said 174 employees had raised any dispute with the

appellant or supported the respondent-union in the

said reference by any documentary or other material

supports. Merely because the union was registered

under the Indian Trade Union and sometime prior to

the reference it was a party to an agreement with

the appellant representing the workmen are not

conclusive to give the alleged dispute “the character

of industrial dispute” within the meaning of Section

2K of the Industrial Disputes Act, 1947. The same also

should be said about the correspondence by the

union on behalf of the dismissed workmen with the

appellant and their employees would not confer the

authority on the respondent-union to represent the

dismissed 174 employees. There must be some

material on which it can be held reasonably that the

union is duly authorized to espouse the cause of the

said 174 dismissed employees of the appellant in the

said reference. In the absence of any such material

evidence either a resolution of the members or

authorization by an individual workmen out of the

said 174 workmen or substantial number of them it

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cannot be said that the respondent-union had the

capacity of authority to represent the said 174

dismissed employees of the appellant at any stage. It

is to be noted that all through the appellants were

disputing the locus standi of the union to represent

the said 174 dismissed employees and in spite of such

question being raised by the appellant the

respondent union has failed to produce any evidence

to establish or prove its authority in the reference to

represent the dismissed employees. In the absence

of authorization by individual workman or a number

of workmen out of the said 174 dismissed workmen

of the appellant or in the absence of any resolution of

the members of the respondent-union to espouse the

cause of the 174 dismissed workmen of the appellant

in the reference it cannot be said on the facts and in

the circumstances of this case that the union had

locus standi to represent the said 174 dismissed

employees of the appellant. Before the principle of

community of interest is laid down it must be proved

by material evidence that the dismissed 174

workmen of the appellant are raising a dispute with

the appellant. In the absence of such proof, the

question of community of interest cannot arise for

obvious reason that in order to be a community of

interest there must be interest existing between all

of the workmen. If the said 174 have ceased to have

any interest in the employment of the appellant after

their dismissals there cannot exist any community

of interest between the said 174 dismissed employees

and the existing employees of the appellant any

longer. In the facts of this case it must be held that

there was no industrial dispute within the meaning

of Section 2(K) of the Industrial Disputes Act, 1947 as

the union who espoused the cause of the said 174

dismissed employees of the appellant had no valid

or legal authority to represent the dismissed

employees.”

27. Dismissing the above contention of Ld. Adv. P.

Chawdikar, Adv. Shri Tarzan De Costa submitted that

the objection as regards to the locus standi raised by

the Party II is technical in nature. That, this being a

beneficial legislation to the workmen at large, the

Tribunal is not required to follow strict rules and

regulations. As regard to the objection of the

Statement of Claim being not signed by the Union or

the workmen, it is stated that the same has been

signed by the Advocate on record. Attention of this

Tribunal has been drawn to Rule 36 and 37 of the I. D.

Act which deals with the representation of the

Parties. Rule 36 enforces the authority in favour of

the person or persons to represent a workman or a

group of workmen or an employer in any proceeding

under the Act. Rule 37 provides any Party who has

been represented by a representative, shall be bound

by the act of that representative. Further in terms of

Rule 10 (a), the Statement of Claim can be submitted

by the Employer or the Party representing the

workmen or in the case of individual workman, the

workman himself can submit the Statement. It is

further submitted that the workmen under the

present reference were the members of Goa Glass

Fibre Employees Union and who were being

represented by All India Trade Union Congress

(AITUC) that the Memorandum of Settlement has

been signed by Mr. Christopher Fonseca, the General

Secretary of All India Trade Union Congress (AITUC)

who represented the workmen and it is this Union

who had also raised the present dispute before the

Asst. Labour Commissioner. In support of the above

contention, he placed on record the application

dated 19-09-2024 and also produced on record the

minutes of the meeting dated 05-10-2017 in respect

of the said dispute raised by the committee member

of All India Trade Union Congress (AITUC) before the

Asst. Labour Commissioner.

28. The main objection raised by the Party II is that

the order of reference is in the name of M/s Goa Glass

Fibre Ltd. and the workmen represented by All India

Trade Union Congress (AITUC) whereas in the Claim

Statement, the cause title reads as Goa Glass Fibre

Employees Union V/s. M/s. Goa Glass Fibre Ltd., and

that the Claim Statement has not been signed by the

Union as named in the cause title nor the same has

been signed by the All India Trade Union Congress

(AITUC), neither the same has been signed by any of

the workmen under the reference. Attention of this

Tribunal is also drawn to the order dated 31-01-2022

at Exh. 18 on the Application filed by one among the

six workmen under the reference. Shri Nanda Dessai,

one of the workmen filed application seeking

withdrawal of the Claim which Application was

dismissed for the reason more particularly mentioned

in the said order. What has been tried to impress upon

by Ld. Adv. P. Chawdikar is that the Party I has no

locus standi to raise the dispute as they are not the

members of the Union who has espoused the dispute

before the Labour Commissioner. A strong reliance

has been placed in the case of Deepak Industries Ltd.

(Supra).

29. Distinguishing the ratio laid down in the

judgment of Deepak Industries (Supra), Ld. Adv.

Tarzan De Costa submitted that the said judgment is

not applicable to the facts of the case in hand as the

workmen herein are not at all represented by any of

the Union before this Tribunal. Therefore, the

question of whether the said Union had/had not any

authority to sponsor or to espouse the cause of the

six workmen is irrelevant. In the said Judgment, the

Court has given findings pertaining to legality and

OFFICIAL GAZETTE — GOVT. OF GOA

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925

illegality of the Union and whether the Union was

authorized to espouse the cause or otherwise,

whereas, in the present case the Union had

represented the present workmen up-till the stage

of conciliation proceedings before the Labour

Commissioner. However, the Union did not represent

the Party I/Workmen before the Tribunal in the

present reference. In support of the above

contention, he placed reliance in the case of Ram

Lal Guramal Textile Mills V/s State of Punjab and

Ors, Punjab and Haryana High Court (1958) II LLJ

245-Justice Bishan Narain.

30. Considering the submission made by Ld. Adv.

Shri De Costa that the workmen under reference are

being represented by the Advocate on record, this

Tribunal thought it appropriate to verify the records,

during the course of argument, however it was seen

that there was no Wakalatnama signed by all the six

workmen authorizing the Advocate on record to

represent them in the present reference. The

Wakalatnama which is on record is signed by Adv.

Ajeetsingh Rane being authorised representative of

the workmen as well as by the present Advocate on

record. That in order to rectify the error and in order

to make the records straight, the Ld. Adv. Tarzan De

Costa who has been representing the Party I/

/Workmen placed on record fresh Wakalatnama duly

signed by the Party I/Workmen except the workman,

Shri Nanda Dessai who had earlier filed an

Application seeking withdrawal of the claim. Having

done so, the Ld. Adv. Tarzan De Costa thus duly

represents all the 5 Party I/Workmen except Shri

Nanda Dessai thereby puts a full stop to the objection

as regards the locus standi of the Union i.e. the Party I

in representing the Party I/Workmen in the present

case. By signing the Wakalatnama in favour of Adv.

Shri Tarzan De Costa, the error on the face of record

has been now rectified, same being a technical issue,

thus, giving a clear authority to the Advocate on

record to represent them in the present reference.

At the risk of repetition, this Tribunal would like to

emphasize the fact that this being the legislation for

the benefit of the workmen, the reference cannot be

rejected merely because the workmen now has

resigned from the Union and are not affiliated to any

Union but wish to prosecute their Claim before this

Tribunal by engaging a legal representative. Hence,

the Issue No. II stands answered in affirmative.

31. Issue No. 3: Section 2 (K) of the I. D. Act “defines

Industrial Dispute” means any dispute or difference

between employers and employers, or between

employers and workmen, or between workmen and

workmen, which is connected with the employment

or non-employment or the terms of employment or with

the conditions of labour, of any person;”

32. It is a matter of record that the six workmen

were appointed on probation on 31-10-2014 in W-4

Grade in the Plant of the Party II. By letter dated

27-04-2015 the six workmen were confirmed in their

services that on 24-08-2015 (i.e after the said

Memorandum of Settlement dated 14-08-2015 was

executed) the six workmen were informed by the

Employer/Party II of the new pay-scales and other

benefits applicable to them with effect from

01-05-2015. The said Memorandum of Settlement

came into effect on 01-04-2015. Accordingly, the

Employer/Party II paid the six workmen under the

reference the new pay scales and other benefits

(Basic, FDA, House Rent Allowance) from May, 2015.

That, without prior notice, information and

communication, the Employer/Party II suddenly

stopped paying the six workmen under reference the

new pay-scales and other benefits (Basic, FDA, House

Rent Allowance) from Jan., 2016.

33. Therefore, the six workmen raised the dispute

of non-payment of their salary from Jan., 2016 before

the Labour Commissioner. The said dispute ended in

failure and the matter was referred to this Hon’ble

Tribunal for adjudication by virtue of Order dated

16-01-2018 bearing No. 28/35/2017-LAB/49. From the

chronology of the event stated hereinabove and the

schedule of the reference order, clearly spells out

existence of the industrial dispute and same being

referred for adjudication before this Tribunal,

therefore by no stretch of imagination it can be

construed that there is no ‘industrial dispute’

existing between the Party I/Workmen and the Party

II/Employer. The contention of the Party II that the

claim raised by the All India Trade Union Congress

cannot be pursued by the present Union in the name

of the AITUC and that the Claim Statement since not

signed and verified by the AITUC as raised by the

present Union, therefore the present reference is not

maintainable being not an ‘industrial dispute’ is a

misplaced statement and not in consonance with the

definition of Section 2(k) as canvassed by the Party II,

hence this issue stands answered in the negative.

34. Of the six workmen under the reference, one of

the workman namely Shri Nanda Dessai did not sign

the Wakalatnama authorizing Adv. Tarzan De Costa

to represent him in the present reference. It has been

brought to the notice of this Tribunal that the same

workman had filed an Application seeking

withdrawal of his Claim. The said Application of the

workman was dismissed by an order dated

31-01-2022 for the reasons mentioned in the said

order. The act of the said workman, Shri Nanda Dessai

is not productive for the welfare of the other workmen

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who have been pursuing the present reference

diligently, as such said Shri Nanda Dessai cannot be

allowed to avail and enjoy the fruits/benefits of the

order passed by the Tribunal in this reference.

Hence the following Order:

ORDER

(1)

The Party I (Workmen) except Shri Nanda

Dessai are eligible for the benefit under the

Memorandum of Settlement dated 14-08-2015

consequently, the Party II is directed to pay

the benefits/new pay-scale to the remaining

five workmen named in the reference w. e. f.

January, 2016.

(2)

No order as to costs.

(3)

Inform the Government accordingly.

Sd/-

(Vijayalaxmi Shivolkar),

Presiding Officer,

Industrial Tribunal-cum-

-Labour Court.

————

Notification

No. 28/02/2024-LAB/Part-I/760

The following Award passed by the Labour Court-II, at

Panaji-Goa on 04-11-2024 in Case No. Ref. LC-II/IT/

/26/09 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, 18th December, 2024.

––––

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/26/09

Shri Nilkant Saperkar & 4 Others,

Rep. by Vicco Laboratories Workers

Union, Shetye Sankul, 3rd Floor,

Tisk, Ponda-Goa .....Workman/Party-I.

V/s

M/s Vicco Laboratories Ltd.,

24/1D-2, Mologa-De-Orora,

Corlim, Tiswadi-Goa .… Employer/Party II.

Workman/Party I represented by Ld. Adv. Shri N. Kamat

alongwith Ld. Adv. Shri V. Pangam.

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

Sardessai.

Panaji, Dated: 04-11-2024.

AWARD

1. In exercise of the powers conferred by Clause

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

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

Government of Goa, by Order dated 21-08-2009,

bearing No. 28/11/2009-LAB-I referred the following

dispute for adjudication to the Industrial Tribunal

of Goa. The Hon’ble Presiding Officer, Industrial

Tribunal-cum-Labour Court in turn assigned the

present dispute to this Labour Court-II, vide his

order dated 20-09-2010.

“(1) Whether the action of the management of

M/s. Vicco Laboratories Limited, Corlim, in

severing the employer-employee relation-

ship between the five Workmen, namely (1)

Shri Nilkant Saperkar, (2) Shri Ramnath

Gaude (3) Shri Rohidas Gaude (4) Shri

Namdev Sawant and (5) Shri Surendra

Mulgaonkar and the Employer M/s. Vicco

Laboratories Limited, Corlim, amounts to

termination of services of the Workmen with

effect from 11-09-2008, and whether such

termination is legal and justified?

(2)

Whether the demand of the Workmen for

employment with back wages and continuity

in service is legal and justified?

(3)

Depending on answers to (1) and (2) above,

what relief, the Workmen are entitled to?”

2. On receipt of the reference, a case was

registered under No. IT/26/09 and registered A/D

notice was issued to the Parties. In pursuance to the

said notice, the Parties put in their appearance. The

Workmen/Party-I (for short ‘Workmen’), were

represented by M/s. Vicco Laboratories Workers

Union, Tisk, Ponda, Goa, hereinafter referred to as

(“the said Union”). The Union stated that they have

filed the claim statement on 15-10-2009 at Exb. 5 on

behalf of the five workers.

3. The facts of the case as pleaded on 11-09-2008

are:-

The Managing Director and other officers of the

Employer called the above Workmen and one more

worker namely Mr. Naresh Parsekar one by one and

forced them to sign on the letter of resignation on

the false ground of theft. The Union stated that the

Workmen were pressurized and were forced to sign

the said letter of resignation. The management

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927

threatened to file a criminal complaint against them

and destroy their future by publishing their photos

in the Local Daily Newspaper, if the letter of

resignation was not signed by them. The Union

stated that though the Workmen were called

singularly, one by one, the threats were common

against them to force them to sign the said letter of

resignation. The Union stated that the Workmen

throughout their career had no misconduct against

them. The Union stated that the Workmen was/were

forced to resign despite having worked continuously

worked for 12 years. The Workmen had no reasons to

resign from their employment in this manner. The

Union stated that the Workmen have given their

precious years to achieve the goals of the Employer

Company. The Union stated that the officer had kept

so called letter of acceptance ready. It was sent by

post. The Union stated that the force applied and

threats given by the Managing Director is against

the principles of Employment. In case of resignation

one month’s notice is to be given. The Union stated

that the Workmen had worked sincerely and achieved

for the Employer Company its brands and goodwill

in the market. The stature of the Company in the

market was due to the joint efforts of the Management

of the workers. It was stated that the Employer acted

with malafides, pressurized and threatened the

Workmen to sign the said letter of resignation. The

management falsely alleged that the Workmen are

involved in theft of the Company’s products. The

Union stated that the Employer neither issued any

charge-sheet, nor held enquiry. The Union stated that

the workers never had the intention to resign or leave

employment since they are the only earning hand in

their family, having dependent on them their old aged

parents and wife and children. The Union stated that

the Workmen only signed the said letter of

resignation under fear created by the Employer in

the presence of the official related to the company.

The Union stated that the Workmen namely Shri

Nilkant Saperkar, Shri Ramnath Gaude, Shri Rohidas

Gaude, Shri Namdev Sawant and Shri Surendra

Mulgaonkar were appointed by the Employer 12 years

ago however, no grades were given at the time of

their appointment initially. The Union stated

thatafter about 2 years the Workmen were

designated as a semi-skilled workers. The union

stated that the Workmen had worked continuously

for more than 12 years with unblemished records till

their illegal termination. The Union stated that the

said Workmen Shri Nilkant Saperkar is not married.

He is the only earning son in his family and has to

maintain his old aged parents. The Union stated that

due to the action of the management in terminating

his service by forcefully obtaining his signature on

the said letter of resignation caused by the false

allegations the Workman have faced hardship to

himself and his family. The Union stated that the

Workmen Shri Ramnath Gaude is married and is

having a child. The Union stated that the said

Ramnath is the sole bread earner in his family and

has to maintain his parents, wife and a child but, due

to the action of the management in terminating his

service by forcefully obtaining his signature on the

alleged letter of resignation on the false allegation

have cause hardship to his family. The Union stated

that the Workmen Shri Rohidas is married and is

having a school going child and he has to maintain

his family, his school going child and due to the high

cost of education and high cost of living is unable to

maintain his family due to the action of the

management in terminating his service by forcefully

obtaining his signature on the said letter of

resignation. It has caused hardship to himself and

his family. The Union stated that the Workmen

namely Shri Namdev is also married and he is the

only bread earner in his family and has to maintain

his parents and his wife, but due to the action of the

management in terminating his service by forcefully

obtaining his signature on the said letter of

resignation on the false allegation have caused

hardship to himself and family. The Union stated that

the Workmen namely Shri Surendra is married and

has a child. He is the only bread earner in his family

and has to maintain his parents, wife and child, but

due to the action of the management in terminating

his service by forcefully obtaining his signature on

the said letter of resignation on the false allegation

have caused hardship to himself and his family. The

Union stated that the said Workmen were the

Committee Members of the Trade Union of Workmen.

During the previous process of the earlier Settlement

this Workman along with other Committee Members

were terminated from their services and the

Committee were pressurized to sign the earlier

Settlement as dictated by the Employer. On signing

the earlier Settlement, they were subsequently

reinstated with continuity in service. The Union

stated that the Employer has ruined their career as

the workmen are unemployed since 11-09-2008 and

have no source of income and has to maintain their

family on whatever savings they had. The Union

stated that the malafide motive of the Employer to

terminate the service of the Workmen by hook or by

crook is reflected from the reply they have filed

before the Conciliation Officer and the letter of

dismissal letter dated 11-09-2008 of Mr. Naresh

Parsekar. The Union stated that the Workmen were

the members of the Union and that the Charter of

Demands was under negotiation. The Employer

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forced the Workmen to sign the said letter of

resignation in order to pressurize the Union to sign

the Settlement as dictated by the Employer. The

Union stated that as the Workmen were called by

the Managing Director of the Employer in his chamber

singularly and one by one, Workmen not realizing

about the bad intention of the Employer secure in

obtaining hopefully the signature of the Workmen

on the said alleged letter of resignation. The Union

stated that however the management was not

successful in obtaining the signature of Mr. Naresh

Parsekar who was then dismissed from the service

on the same day i.e. on 11-09-2008. The Union stated

that the alleged resignation is not a resignation, but

a forceful and arbitrary dismissal of the Workmen

under the pretext of resignation. The Union stated

that the workers signature were obtained forcefully

on the draft dictated by the Managing Director in

his chamber without offering them an opportunity

to seek advice from the Union and without furnishing

a copy thereof. The Union stated that the Workmen

could get the copy of the alleged resignation only in

the Conciliation proceeding before the Conciliation

Officer through the reply filed by the Employer. The

Union stated that the Workmen in the absence of the

copy of said letter of resignation had to discuss the

issue with the Union. The Union stated that due to

the absence of copy of the alleged letter of

resignation, it took some time to put the proper facts

in writing. The Union stated that they never wanted

to resign from the service and want to withdraw the

alleged letter of resignation. The Union stated that

being under tremendous pressure and alone the

worker were not allowed to meet the Union

representative nor other workers. The Union stated

that they were forced to resign from the services

based on the said letter of resignation. The Union

stated that the Employer is in the habit of harassing

the Workmen by one way or the other and that during

ongoing discussion of the previous settlement, the

committee members were terminated from the

services and thereafter were reinstated with full back

wages and continuity of services. The Union stated

that the action of the management in obtaining the

signatures on the alleged letter of resignation under

threat and coercion amounts to illegal termination

of services. The Union stated that the action of the

management in terminating the services of the

Workmen under the pretext of resignation is against

the principles of natural justice, biased, and

vindictive to harass the Workmen and pressurize

them to divide from the Union activities. The Union

therefore, prayed that an Award be passed directing

the Employer to reinstate the Workmen in their

employment with full back wages and other

consequential benefits.

4. The Employer resisted the aforesaid claim

statement of the Workmen by filing its written

statement on 30-08-2010 at Exb. 6. The Employer, as

and by way of its preliminary objections, submitted

that the present reference filed by the Union is bad

in law and hence not maintainable, that the Workmen

have not given any justification for the demand/claim

praised by them, that the Workman Shri Nilkant

Saperkar and 4 others have voluntarily resigned from

their services and therefore the present reference on

the presumption, that there is a termination of

services of Workmen is ab initio void, that the present

dispute of the Workmen is not an “industrial dispute”

as defined under the I.D. Act, 1947 and that there is

non application of mind by the appropriate

Government while referring the present dispute.

5. The Employer stated that the Workmen Shri

Nilkant Saperkar and 4 others were employed by

them and that they proposed to dismiss Shri Nilkant

Saperkar and 4 others for committing theft in the

company’s premises. The Employer stated that the

Workmen namely Mr. Nilkant Saperkar, Mr. Ramnath

Gaude, Mr. Rohidas Gaude, Mr. Namdev Sawant and

Mr. Surendra Mulgaonkar were proposed to be

dismissed for commission of theft. The Employer

stated that they were called by the partner, Mr. Ajay

Pendharkar and Mr. Rataboli, the legal advisor of the

Employer in the office of the Partner Mr. Ajay

Pendharkar. The Employer stated that the said

Workmen were informed by Mr. Ajay Pendharkar and

Mr. Rataboli that for the reasons spelt out in the letter

of dismissal, the management proposed to dismiss

them from service. The Employer stated that the

letters of dismissal were handed over to the

concerned Workmen by Mr. Ajay Pendharkar. The

Employer stated that the Workmen were also

informed that apart from dismissing them from

service, the management also proposes to file

criminal complaint against them before the police

station at Old Goa. The Employer stated that all the

Workmen except Mr. Naresh Parsekar tendered

apologies, offered to submit their resignation from

service and pleaded that neither disciplinary action

be initiated against them nor a police complaint be

filed against them. The Employer stated that in view

of the offer of the resignation, the management

agreed with the concerned Workmen neither to file

a police complaint against them nor to initiate any

disciplinary action against them. The Employer

stated that the concerned Workmen Mr. Nilkant

Saperkar, Mr. Ramnath Gaude, Mr. Rohidas Gaude,

Mr. Namdev Sawant and Mr. Surendra Mulgaonkar

thereafter submitted their resignation by letters dt.

11-09-2008. The Employer stated that Workmen

accepted the said resignation and letters of

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929

acceptance of resignation dt. 11-09-2008 with

payment by way of the legal dues along with the

stamped receipt was sent to the respective residence

on the available residential address. The Employer

stated that they, were thereafter in receipt of letters

all dt. 18-09-2008 from the concerned Workmen who

had resigned and whose resignations were duly

accepted, alleging resignation under coercion and

the said letters also requested that the letter of

resignation dt. 11-09-2008 may be treated as

withdrawn and they may be allowed to join duties.

The Employer stated that they, by their letters all

dated 28-10-2008 addressed to the concerned

Workmen, denied that the resignations were by way

of compulsion or coercion and stated that the

resignations were voluntary. The Employer stated

that their resignations were accepted by the

management by their letters dt. 11-09-2008 and stated

that their requests for withdrawal of resignation

cannot be accepted. The Employer stated that all

the workers in the present reference submitted their

resignation. The Employer stated that one of their

co-worker namely Mr. Naresh Parsekar however did

not submit his resignation and they dismissed him

from service by its letter dt. 11-09-2008. The Employer

stated that as regards, the resignation of the

Workmen in the present reference, it is submitted

that the said resignations are voluntary. The Employer

submitted that the concerned Workmen admitted

the claim of theft, tendered apology and also

tendered resignation and requested them not to pay

any police action or initiate disciplinary action. The

Employer stated that after accepting the resignation

of the Workmen, they did not initiate any criminal

proceedings or disciplinary action against the

Workmen. The Employer stated that they did not

initiate any disciplinary action or any criminal

proceedings against them as they were persuaded

by the tendering of apology and the resignation of

the Workmen. The Employer stated that the contract

of service with such Workmen came to an end in the

aforesaid circumstances. The Employer stated that

though, the letters of resignation were not required

to be accepted for the contract came to an end on

the submission of resignation, they accepted the

letter of resignation and communicated the

acceptance of such resignation. The Employer stated

that with the acceptance of resignations, the contract

of employment came to an end and thus the question

of withdrawal of resignation at the later stage does

not arise. The Employer stated that as regards

Mr. Naresh Parsekar, it is submitted that the

management refrained from filing any police

complaint as initiation of such complaint would have

resulted into involvement of the resigned employee

and the management would have been accused of

resigning/withdrawing from its commitment/

/promise not to initiate criminal complaint against

employee who had resigned. The Employer stated

that the management however undertakes to

produce the necessary evidence before this Hon’ble

Court/Tribunal to establish the charges levelled by

them. The Employer stated that the management

craves leave of this Hon’ble Court to even produce

video recording recorded by them which clearly

indicates the involvement of the Workmen in the acts

of committing theft of their property. The Employer

submitted that no case has been made out by the

Workmen for granting any relief also for

reinstatement with full back wages and continuity

of services with all benefits. The Employer denied

the entire pleading made by the Union being false

and misleading and prayed for rejection of the claim

statement of the Workmen.

6. Thereafter, the Workmen filed their Re-joinder

on 20-09-2010 at Exb. 8. The Workman, by way of his

re-joinder, confirms and reiterates all his submissions,

averments and statements made in his Claim

Statement to be correct and proved and denied all

the statements, averments and submissions made by

the Employer in its Written Statement, which are

contrary to his Statement and averments made in his

Claim Statement.

7. Based on the pleadings filed by the parties

hereinabove, this Hon’ble court was pleased to frame

the following issues on 16-11-2010 at Exb. 9. The said

issues were up-dated 15-01-2019 at Exb. 66.

1. Whether the Workmen/Party I proves that

they were continuously working for the

Employer/Party II since last 12 years from

their appointment till 11-09-2008?

2. Whether the Workmen/Party I proves that

their signature have been forcefully obtained

on the letter of resignation under threat,

coercion and undue influence by the

Employer?

3. Whether the Workmen/Party I proves that the

method adopted and action taken by the

Employer/Party II in severing the employer-

-employee relationship between themselves

amounts to termination of services w.e.f.

11-09-2008?

4. Whether the Workmen/Party I proves that the

action of the Employer/Party II in terminating

the services w.e.f. 11-09-2008 is illegal and

unjustified?

4A. Whether the Employer/Party II proves that all

the Workmen committed the misconduct of

theft of their products from its factory

premises?

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5. Whether the Employer/Party II proves that

there does not exist any Industrial Dispute

under I.D. Act?

6. Whether the Employer/Party II proves that the

Workmen/Party I had voluntarily resigned from

their services by admitting the theft?

7. Whether the Employer/Party II proves that the

present order of reference is bad-in-law?

8. Whether the Workmen are entitled for any

relief?

9. What Order? What Award?

8. My findings to the aforesaid issues are as under:

(a) Issue No. 1

:

In the affirmative.

(b) Issue No. 2

:

In the affirmative.

(c) Issue No. 3

:

In the affirmative.

(d) Issue No. 4

:

In the affirmative.

(e) Issue No. 4A :

In the negative.

(f) Issue No. 5

:

In the negative.

(g) Issue No. 6

:

In the negative.

(h) Issue No. 7

:

In the negative.

(i) Issue No. 8 & 9:

As per final order.

I have heard the oral arguments of Ld. Adv. Shri N.

Kamat, appearing for the Workman as well as Ld. Adv.

Shri. G.K. Sardessai appearing for the Employer.

9. Ld. Adv. Shri N. Kamat, representing the

Workman, during the course of his oral arguments,

submitted that the Workman Ramnath Gaude

expired on 16-7-2012 leaving behind his widow

namely Radha Ramnath Gaude. He submitted that

all the Workmen were permanent workers of the

Employers. He submitted that all the Workmen have

worked continuously for last more than 12 years

before his illegal termination of services on the false

ground. He submitted that all the Workmen were

pressurised and forced to sign on their letter of

resignation on the false ground of theft or threat to

file a criminal complaint against them so as to destroy

their future by publishing their photos on the local

daily newspaper and defame them. He submitted

that though the Workmen were called singularly one

by one, the threats were common against them to

force to sign the alleged letter of resignation. He

submitted that after sincere working for 12 years, all

the Workmen had no reasons to resign in this manner.

He submitted that the management had kept so

called letter of acceptance ready however, it was sent

by post. He submitted that the force applied and

threats given by the Managing Director is against

the common principles of employment.That in case

of resignation one months’ notice has to be given.

He submitted that the Employer in malafide intention

so as to pressurise and threaten the Workmen to sign

the alleged resignation, falsely alleged that the

Workmen were involved in robbery of the company’s

product and that the Employer neither issued any

charge-sheet nor proved the contentions. Obviously

no enquiry was held. He submitted that all the

Workmen had no intention to resign or leave from

the job. He submitted that all the Workmen signed

the alleged letter of resignation under fear created

by the Employer in the presence of officials related

to the company. He submitted that the Workmen

were the members of the Union and that the charter

of demand was under negotiation. The Employer

forced the Workmen to sign the alleged letter of

resignation in order to pressurise the Union to sign

the Settlement as dictated by the Employer. He

submitted that the alleged resignation of all the

Workmen under reference is not a resignation but a

forceful and arbitrary dismissal of the Workmen under

the pretext of resignation. He submitted that the

Employer is in the habit of harassing the Workmen

by one way or the other and that during ongoing

discussions of the previous settlement, the

committee members were terminated from the

services and thereafter were reinstated with full back

wages and continuity of services. He submitted that

the Workmen Shri Ramnath Gaude expired leaving

behind his Widow Radha Gaude. He submitted that

the Workman Shri Surendra Mulgaonkar was

unemployed from the date of his termination till

21-09-2011 and subsequently on 22-09-2011 he got

Government Service. He submitted that (except

Ramnath Gaude who has expired) all other Workmen

are unemployed and have no source of income and

has to maintain their family in support of his oral

contention relied upon judgment. In support of his

oral contention, he relied upon a judgment of Hon’ble

Supreme Court of India, in the case of D.K. Yadav v/s.

J. M. A. Industries Ltd., reported in (1993) 3 SCC

259. He therefore submitted that the Award be passed

directing the Employer to reinstate the Workmen in

their services along with full back wages and other

consequential benefits.

10. Per contra, Ld. Adv. Shri G.K. Sardessai,

representing the Employer, during the course of his

oral arguments submitted that admittedly all the

Workmen were in the employment of the Employer

since 01-12-1998 till the date of their resignation from

their service w.e.f. 11-09-2008. He submitted that the

management proposed to dismiss all the Workmen

for their act of misconduct of theft. He submitted

that the act of misconduct committed by the

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Workmen under reference are nothing but theft or

dishonesty in connection with the Employer property

on repeated basis causing financial losses to their

company. He submitted that their proven offence on

repeated basis is very serious and grave and there

are no extenuating circumstances and it warrants

extreme punishment of dismissal without notice from

services of the company. He submitted that after

noticing the misconduct theft of all the Workmen,

the management called all the Workmen under

reference and proposed to dismiss them from their

services for their act of misconduct of theft and that

Police complaint would be filed against them besides

disciplinary action. He submitted that except Shri

Naresh Parsekar, all the Workmen under reference

gave their letter of resignation which the

management accepted and relieved the Workmen

from their services. He submitted that the resignation

letters given by the Workmen have been accepted

by the management and they were also informed.

He submitted that the resignation given by the

Workmen under reference is voluntarily and cannot

be taken as being forceful coercive and under threat.

He submitted that the claim statement have been

filed by the office bearer of the Union but none of the

office bearer has stepped into the witness box nor

authorize to file the claim statement. In support of

his oral submissions, he relied upon the following

judgments of Supreme Court of India:

a)

In the case of Shri Shankar Chakravarti V/s.

Britannia Biscuit Co. Ltd. and Anr. reported

in (1979) 3 Supreme Court Cases 371.

b)

In the case of Rajasthan State Road Transport

Corporation and Anr. V/s Bajrang Lal

reported in (2014) 4 Supreme Court Cases

693.

c)

In the case of M/s. Indian Tourism

Development Corporation, New Delhi V/s.

Delhi Administration, Delhi and Ors. reported

in 1982 LAB. I. C. 1309 of Delhi High Court.

d)

In the case of Mahindra and Mahindra Ltd.

V/s. Vijay Damodar Mehta and Ors. reported

in 2003 1 CLR 998 of Hon’ble High Court of

Bombay.

e)

In the case of K. Haridas L. Shenoy V/s.

Jhonson and Jhonson Ltd. and Ors. reported

in 2005 1 CLR 476 of Hon’ble High Court of

Bombay.

f)

In the case of Bandha Nav Bharat Shikshan

Prasarak Mandal and Ors. V/s. raghunath

Ganesh Manorikar and Ors. reported in 1992

II CLR 956 of Hon’ble High Court of Bombay.

g)

In the case of Laffans India (Pvt.) Ltd. V/s

Pancham Singh Rawat and Anr. reported in

2003 (I) LLN 84 of Hon’ble High Court of

Bombay.

I have carefully perused the entire records of the

present case. I have also carefully considered the

submissions advanced before me and I am of the

opinion as under:

11. Issue No. 1 : The Party-I, in its para 2 of its claim

statement, stated that the party-I were employed for

last more than 12 years. The Employer, in its written

statement filed in the present proceedings, stated

that with reference to para 1 to 4 of the claim

statement it is denied that due to adamant attitude

of the Employer the matter ended in failure as

alleged. However, rest of the contents of the said

paragraph is substantially correct. Further, Shri Ajay

Pendharkar, the partner of the Employer Company,

in his cross examination clearly admitted that all the

Workmen under reference including one Shri Naresh

Parsekar were permanent worker of the Employer and

that all the Workmen under reference were working

for more than 10 years with the Employer and that it

could be possible that all the Workmen under

reference were working for more than 12 years with

the Employer. He further admits that all the Workmen

under reference were working with the Employer

continuously from the date of their appointment till

their alleged resignation from their services. In view

of the admissions by the Employer it is held that, the

Workmen proved that they were continuously

working for the Employer since last 12 years from

their appointment till 11-09-2008. The Issue No. 1 is

therefore, answered in the affirmative.

12. Issue No. 2, 3, 4 and 4A: I am deciding the issue

No. 2, 3, 4 and 4A simultaneously as the said issues of

No. 2, 3, 4 and 4A are co-related to each other. To

prove their case, the Party-I examined themselves

(except the deceased workman Shri Ramnath Gaude).

The affidavit-in-evidence filed by the Workmen under

reference are more or less same.

13. The first witness of the party-I, Shri Nilkant

Saperkar, in para 4 of his affidavit in evidence,

deposed that on 11-9-2008 the Managing Director

and other officers of the Company called him and

Co-Workmen’s Shri Ramnath Gaude, Shri Rohidas

Gaude, Shri Namdev Sawant, Shri Surendra

Mulgaonkar and Shri Naresh Parsekar one by one and

that the Employer forced us to sign on the letter of

resignation from the services of the Employers on

the false grounds of theft except said Naresh Parsekar

we all sign the alleged letter of resignation. He

deposed that he was pressurized and forced to sign

the alleged letter of resignation by the Employer

with the threat that criminal complaint would be

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lodged against him and that the Employer also

threatened him by stating that they will destroy my

future by publishing the photos on the Local Daily

Newspaper and defame me. He deposed that they

were called singularly, one by one, with common

threat by the Employer with in order to sign the

alleged letter of resignation and that the Employer

did not succeed in obtaining the letter of resignation

of the said Mr. Naresh Parsekar and as such the

Employer dismissed said Mr. Naresh Parsekar from

service on the same day i.e. 11-9-2008. In his cross

examination, Mr. Saperkar deposed that the

management of the Employer factory had called us

one by one and that called all the persons named in

the present reference along with one Mr. Naresh

Paresekar were called by Management of the

Employer and besides the aforesaid person nobody

was called by the management of the Employer and

that at the relevant time there were around 50-54

Workperson with the Employer Company. He

deposed that all the said workers of the Employer

Company were members of the Union namely

Bharatiya Mazdoor Sangh. He deposed that

while he was going to the P.O.s cabin he was told by

the security to go in the chamber of Mr. Ajay

Pendharkar, the partner of the Employer and that

when he entered in the Chamber of the Partner of

the Employer Company Mr. Ajay Pendharkar, he along

with one Mr. Rataboli, Mr. Mangirish Raikar, five

Security Guards and one Reporter with camera and

the Personnel Officer Shri Ramchandra Shirgaonkar

were present. He deposed that he was told to sit on

the chair though he refused to sit and he insisted as

to why he been called. He deposed that at the

relevant time, one Mr. Rataboli informed him that it

has come to their knowledge that he is regularly

taking away Turmeric cream/paste one of their

Employer Company and that he asked Mr. Rataboli

on what basis you were making the aforesaid

allegations against him and in the event you could

prove it he will admit the same. He deposed that

thereafter Mr. Rataboli informed him that one of the

worker of the Employer factory told them about the

fact of Turmeric cream/paste of the Employer

Company and that he insisted for disclosing the

name of the worker however, he did not. He deposed

that thereafter, the said Mr. Rataboli gave me two

options either to resign from the service or they will

lodge a police complaint against him having

committed theft of goods belonging to the Employer

Company and publish the said news in the

newspaper with the help of reporter sitting in the

chamber and that Mr. Ajay Pendharkar, the partner

of the Employer Company repeatedly informed him

that he will call the police on telephone and get it

arrested me. The aforesaid statement made in cross

examination of Mr. Nilkant Saperkar has not been

denied by the Ld. Advocate for the Employer. The

Employer also did not examine Mr. Rataboli though

his name was listed in the list of documents.

14. Upon perusal a letter of dismissal dated

11-09-2008 at Exb. 59 and 60-colly indicates that the

allegations levelled against the Workmen that since

long they have been committed theft of company’s

property namely turmeric tubes and Vajradanti

powder on almost regular basis and sometimes

inconvenience with others and that many a times

they were seen taking away the product of the

company from the workplace, but before they could

be caught red handed they were somehow hiding

the material and that in his connection they were

questioned in few occasions. The said letter further

alleged that they were found red handed robbing

the company’s property quite a few times such as,

on 06-08-2008 at 7.44 a.m. they removed turmeric

tubes of 30 gms. from the unfinished inner box from

the pecking line II and took them away and that they

immediately came back and once again took more

turmeric tubes and went away. The letter further

alleged that on 08-08-2008 at 7.38 a.m. they sent

Mr. Paresh Phadte a casual employee to remove inner

box containing turmeric tubes of 30 gms. each and

directed him to go towards powder line side and that

throughout the operation they were shielding. The

said letter finally alleged that on 9-08-2008 at 7.38

a.m. they removed some turmeric tubes of 30 gms.

each from an unfinished inner box lying on the

pecking table on turmeric line II and went towards

paste machine side. The Employer therefore by the

said letter alleged that the aforesaid act committed

by them are nothing but theft or dishonesty in

connection with Employers property on repeated

basis causing financial losses to the company and

that their proven offence on repeated basis is very

serious and grave and there are not extenuating

circumstances in their case and it warrants and

extreme punishment of dismissal without notice from

the services of the Employer as no other punishment

will meet the ends of justice and accordingly they

have been dismissed without notice from the services

of the company with immediate effect.

15. The first witness of the Employer Mr. Ajay

Pendharkar, in his oral evidence on record indicates

that the management of the Employer proposed to

dismiss all the Workmen under reference including

Mr. Naresh Parsekar for committing theft in

company’s premises and that all the Workmen under

reference were informed by him and Mr. Rataboli that

for the reasons spelt out in the letter of dismissal, the

management proposed to dismiss them from the

service. The first witness of the Employer further

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deposed that the letters of dismissal were handed

over to the concerned Workmen by him and they

were also informed that apart from dismissing them

from services the management also proposes to file

criminal complaint against them before the police

station at Old Goa. In cross examination, the first

witness of the Employer deposed that no show cause

notice was given to the Workmen under reference as

it was not required. He further deposed that no such

letter of dismissal from service were issued to any of

the Workmen under reference and that the letters of

dismissal of service were in fact prepared and shown

to all the Workmen under reference as a part of legal

action to be taken against them and that as all the

Workmen under reference tendered the resignation,

there is no question of issuing that any such letter of

dismissal from service. He admits that the

management of the Employer had already taken its

decision to dismiss all the Workmen under reference

prior to the preparation of letter of dismissal at

Exb. 59 and Exb. 60-colly. He deposed that the

management had taken its decision not only to

dismiss all the Workmen under reference but also

take necessary legal action against them and that

by legal action I mean police complaint and any other

further necessary action in terms of law. He deposed

that all the Workmen under reference were in fact

practically handed over the said letters of dismissal

at Exb. w-4, Exb. 59 and Exb. 60-colly at the relevant

time in his cabin and told them about the legal action

to be taken against them. He deposed that it is not

mentioned in his affidavit in evidence about clearly

showing the Workmen the said letters of dismissal.

He deposed that he do not know if by handing over

the said letters of dismissal to all the Workmen under

reference, it means that the Employer had issued the

said letter of dismissal to them. He admits that in the

dismissal letter at Exb. 60-colly, it has been

mentioned that the dismissal shall come into effect

with immediate effect. He deposed that the letter at

Exb. 60-colly are not draft letters but it is final letter.

He deposed that at the time of termination of services

of Workmen, no option of resignation were given to

them. He deposed that the resignation letter of the

Workmen at Exb. 55-colly were issued to the

Employer individually as and when they were called

in the Chamber of M.D. on 11-09-2008. He deposed

that he accepted the said resignation at Exb. 55-colly

on the same day. He admits that as he accepted the

letters of resignation of the Workmen at Exb. 66-colly,

he do not feel requires to issue the letters at Exb.

60-colly. He deposed that he has not pleaded in its

written statement filed in the present proceedings

nor stated in his affidavit in evidence that in view of

the resignation of the Workmen at Exb. 55-colly, it

does not required to issue the letters of dismissal at

Exb. 60-colly. He deposed that at no point of time, the

Employer could catch theWorkmen under reference

red handed while allegedly taking away its material.

He deposed that he do not have any footage/

/transcript to show that all the six Workmen were

taking away the goods of the Employer out of the

factory premises. However he does possess the

transcript/footage showing all the six Workmen were

lifting and hiding the goods in the factory premises

of the Employer. He admits that in the course of his

occasional observation of live feed as also of recorded

footage, he has not noticed any incident of theft until

August, 2018. He deposed that the security personnel

could not catch the six Workmen with theft of goods

belonging to the Employer at any point of time. He

deposed that all the Workmen used to throw out the

material belonging to the Employer out of the

window so that nobody can catch them. He deposed

that he could not specify as to who out of the six

Workmen were allegedly throwing out the goods

belonging to the Employer and calling other person.

He deposed that he did not mention in his affidavit-

in-evidence that the Workmen under reference were

throwing out the goods belonging to the Employer

out of the window and that he did not mention about

suspicious persons would be called in, in his affidavit-

in-evidence. He deposed that at no point of time, he

has personally caught the Workmen under reference

red handed allegedly committing thefts of the goods

of the Employer Company or taking them out of the

factory premises. He admits that by the said

document at Exb. 60-colly, the Employer has taken

only ground of theft of the Employers property/goods

by the Workmen under reference. He admits that the

dismissal of Workmen under reference were solely

on account of alleged theft of goods of the Employer.

He admits that immediately after delivery, the said

letter of resignation by the Workmen at Exb. 26, Exb.

39, Exb. 45-colly and Exb. W/5, the Employer accepted

the said resignation on the same day by letters at

Exb.52-colly along with cheques of settlement of

dues along with stamp receipts. He admits that all

the Workmen under reference had returned their

letter withdrawing alleged letters of resignation at

Exb. 26, Exb. 39, Exb. 45-colly and Exb. W/5 after

8 days. He admits that none of the Workmen under

reference had encashed the cheques issued to them

along with letter of acceptance of resignation at Exb.

52-colly nor issued the stamp receipts. He deposed

that the Employer had not produced on record any

evidence in support of its statement made in its

aforesaid letter at Exb. 60-colly that the workers were

committing thefts on regular basis. He deposed that

he does not possess anything in writing from the

934

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 44

30TH JANUARY, 2025

Workmen under reference in support of para 10 & 15

of his affidavit-in-evidence as regards admissions of

theft and tendering of apology. He admits that the

workers of the Employer are having their Union and

that the said Union used to raise the charter of

demand on behalf of the Workmen. He admits that

the Employer had terminated the services of its

workman Shri Surendra Murgaonkar pending the

charter of demand and that the said Murgaonkar was

reinstated in service. He admits that the Employer

has not produced any evidence in support of his

statement made in the aforesaid letters stating that

the workers were committing thefts on regular basis

and that he do not possesses any such evidence in

support of his said statement. He admits that there is

no Footage in the said CD at Exb. 53 nor he has made

any statement in his Affidavit-in-Evidence to that

effect. He admits that at no point of time the Employer

could called the Workmen under reference red

handed while allegedly taking away its material. He

admits that there is no Footage in the said CD at

Exb. 53 nor he has made any statement in his

Affidavit-in-Evidence that the Employers Products

were taken out of the factory premises or shown to

be taken out of the factory premises. He admits that

at no point of time the Employer could called the

Workmen under reference red handed while

allegedly taking away its material. He deposed that

at any time his security personnel could not catch of

six Workmen with theft goods belonging to the

Employers Company. He deposed that at no point of

time he has personal record the Workmen under

reference allegedly while committing thefts of goods

of Employer Company or actually taking them out of

the factory premises. He deposed that he do not

possess anything in writing from the Workmen under

reference in support of para 10 and 15 of his Affidavit-

in-Evidence as regards the admission of theft and

tendering of apology. Thus, the testimony of Mr. Ajay

Pendharkar has been shaken.

16. The second witness of the Employer Shri Noel

Ataide in his oral evidence record stated that he is

the proprietor of extra-eye located at Porvorim which

deals in installing CCTV Cameras, etc. He deposed

that he has installed such six CCTV Cameras in the

factory at the manufacturing areas and two CCTV

Cameras outside the manufacturing area of the

Employer Company in the month of April, 2007 and

that he used to do general checkup of CCTV Cameras

regularly. He deposed that on 21-08-2008 Mr. Ajay

Pendharkar called him and that on 22-08-2008 in the

evening he visited the factory and on the request of

Mr. Ajay Pendharkar he downloaded the recording

on the compact disc (CD) from the CCTV Cameras.

He deposed that he had the copy of the recordings of

all the clipping downloaded from the CCTV Camera

and it is available on his computer and that he had

made four CD copies of the clippings downloaded by

him and that the three CD’s were handed over to Mr.

Ajay Pendharkar and one CD retained by him. In his

cross-examination, Mr. Noel Ataide admits that he

had downloaded the clips of the video footages and

that the clips were encrypted. He deposed that for

downloading the all said clippings he has utilized

the DVR in the computer of the Director of Employer

in his cabin and the CD’s were made at the same

time. He deposed that he has not seen any footage of

the Workmen taking away the companies product

out of the Employer factory and that he is not aware

as to where the Workmen were taking away the

products of the Company and that he is not aware if

the Workmen were taking away the products under

instructions of any authority. He deposed that he is

not aware if the Workmen under reference were

carrying the employers product and what were the

contents of the said box and if there was anything of

the said box. He admits his statements made in para

14 that he had a copy of the recordings of all the

clippings downloaded from the CCTV Camera and it

is available on his computer. He deposed that he had

signed on all the four CD’s downloaded and showing

the document at Exb. 53 i.e. a DVD is the 5th copy

that was downloaded at the relevant time. He

deposed that he might have downloaded five copies

of DVD at the relevant time. He admits that he has

made statement in Affidavit-in-Evidence to that effect

that “Workmen taking away Companies Product

…………… thefts, “Workmen who were carrying

…………….. Product”, on the basis of information

given by Mr. Ajay Pendharkar and not on his personal

knowledge. The every clipping downloaded at

Exb. 53 shows that Workmen taking away Employers

Products. He deposed that “By the products used in

his para 13 of his Affidavit-in-Evidence it means

sealed boxes. He deposed that he is not certain

whether sealed boxes contained the Employers

Product or empty boxes and that considering that

they were sealed boxes he is not aware what

products were contained in the boxes or whether

the boxes contained any products. Thus, the

testimony of Mr. Noel Ataide has been shaken.

17. Thus, the aforesaid evidence on record clearly

indicates that the Employer had decided to terminate

the Workmen under reference alleging on account

of theft & therefore prepared and handed over letters

of dismissal to the Workmen. The Employer also called

Mr. Rataboli, the legal advisor, Mr. Manguirish Raikar,

five security guards, one reporter with camera and

Personnel Officer Shri Ramchandra Shirgaonkar. Mr.

Rataboli, thereafter gave threats to the Workmen

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 44

30TH JANUARY, 2025

935

under reference either to give resignation or they

will dismiss them and also file criminal proceedings

and published their photos in the Local Newspaper

apart from holding disciplinary proceedings. Thus,

the Workmen under reference sign the resignation

letters under threat, coercion and undue influence

and immediately accepted by the Employer. Thus,

the aforesaid evidence on record the Workmen under

reference proves that their signature have been

forcefully obtained on the letter of resignation under

threat, coercion and undue influence by the

Employer. The aforesaid evidence of record proves

that the method adopted and action taken by the

Employer in severing the Employer Employee

relationship between themselves amounts to

termination of services w.e.f. 11-09-2008. The Issue

No. 2 and 3 therefore, answered in the affirmative.

18. Thus, the evidence of records clearly indicates

that the Workmen under reference were in the

employment of the Employer. The Workman under

reference never caught red handed either by the

security personnel or by the Employer or there is no

evidence to show that CCTV footage/transcript to

show that all the six Workmen under reference were

taking the goods of the Employer factory, but they

were issued dismissal letters at Exb. 59 & Exb. 60-

colly alleging that they were regularly committing

theft and that they caught red handed while robbing

the Companies product. Ld. Adv. Shri G. K. Sardessai

representing the Employer had relied upon certain

decisions of the Hon’ble Apex Court as well as the

Hon’ble High Court of Bombay are not applicable to

the case in hand in view of the admissions by

Mr. Ajay Pendharkar and Mr. Noel Ataide. Thus, the

above evidence on records clearly indicates that the

Employer failed to prove that all the Workmen under

reference committed the misconduct of theft of their

products. The Issue No. 4A is therefore, answered in

the negative.

19. In the case of D. K. Yadav (Supra), the Hon’ble

Apex Court held that “the Application of the

principles of natural justice that no man should be

condemned unheard intends to prevent the authority

from acting arbitrarily affecting the rights of the

concerned person. No decision must be taken which

will affect the right of any person without his/her right

being informed of the case and giving him/her an

opportunity of putting forward his/her case. An order

involving civil consequences must be made

consistently with the rules of natural justice. ‘Civil

consequences’ covers infraction of not merely property

or personal right but civil liberties, material

deprivations and non-pecuniary damages. In its

comprehensive connotation everything that affects a

citizen in his civil life inflicts a civil consequence. Civil

rights have been defined to be such as belonging to

every citizen of the State or Country … they include …

rights capable of being enforced or redressed in a civil

action …. Even an administrative order which involves

civil consequences must be made consistently with

the rules of natural justice”.

20. The principle laid down by the Hon’ble Apex

Court is applicable to the case in hand. In the case in

hand, all the Workmen under reference were

permanent workers of the Employer. The Employer

has terminated the services of the Workmen under

reference thereby violating the principles of natural

justice without issuing any show cause notice/

/charge-sheet or held enquiry. Thus, the action of

the Employer in terminating the services of the

Workmen under reference with effect from

11-09-2008 is in violation of the principles of natural

justice and therefore it is illegal and unjustified. It is

therefore, held that the Workmen proves that the

action of the Employer in terminating their services

with effect from 11-09-2008 is illegal and unjustified.

The Issue No. 4 is therefore answered in the

affirmative.

21. Issue No. 5 & 7: While deciding the Issue No. 2

hereinabove, I have discussed and come to the

conclusion and held that the signature of the

Workmen under reference have been forcefully

obtained on the letter of resignation under threat,

coercion and undue influence. Similarly, while

deciding the issue No. 3, I have discussed and come

to the conclusion that the Workmen proved that the

method adopted and action taken by the Employer

in severing the Employer/employee relation between

themselves amounts to termination of services w.e.f.

11-09-2008. Similarly while deciding the Issue No. 4,

I have discussed and come to the conclusion that

the action of the Employer in terminating the services

of the Workmen w.e.f. 11-09-2008 is illegal and

unjustified.

22. The term “Industrial disputes” has been

defined under Section 2 (K) of the I.D. Act, 1947 and

reads as under “Industrial dispute” means any

dispute or difference between Employers and

employees, or between Employers and Workmen, or

between Workmen and Workmen, which is

connected with the Employment or non-employment

or the terms of employment or with the conditions of

labour, or any person.

23. Thus, it appears from the dispute raised by the

Workmen under reference against the Employer

pertaining to their non-employment and hence it is

held that the Employer failed to prove that there does

not exist any “industrial dispute” under the I.D. Act.

Similarly the Employer failed to prove that the

present order of reference is bad in law. The issue

No. 5 & 7 are therefore answered in the negative.

936

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SERIES II No. 44

30TH JANUARY, 2025

24. Issue No. 8: While deciding the Issue No. 1

hereinabove, this Hon’ble Court discussed and come

to the conclusion that the Workmen under reference

were permanent Workmen and they were

continuously working for the Employer from the date

of their appointment. While deciding the Issue No. 3

hereinabove discussed and come to the conclusion

that the method adopted and action taken by the

Employer in severing the Employer employee

relationship between themselves amounts to

termination of services w.e.f. 11-9-2008. Similarly

while deciding the Issue No. 4 hereinabove this

Hon’ble Court discussed and come to the conclusion

that the action of the Employer in terminating the

services w.e.f. 11-09-2008 is illegal and unjustified.

In the case of D. K. Yadav (Supra), the Hon’ble

Apex Court in para 14 to 16 held as under:

14. It is thus well settled law that right to life

enshrined under Article 21 of the Constitution would

include right to livelihood. The order of termination

of the service of an employee/workman visits with

civil consequences of jeopardising not only his/her

livelihood but also career and livelihood of

dependents. Therefore, before taking any action

putting an end to the tenure of an employee/workman

fair play requires that a reasonable opportunity to

put forth his case is given and domestic inquiry

conducted complying with the principles of natural

justice. In D.T.C v/s D.T.C. Mazdoor Congress 16 the

Constitution Bench, per majority, held that

termination of the service of a Workman giving one

month’s notice or pay in lieu thereof without inquiry

offended Article 14. The order terminating the service

of the employees was set aside.

15. In this case admittedly no opportunity was

given to the appellant and no inquiry was held. The

appellant’s plea put forth at the earliest was that

despite his reporting to duty on December 3, 1980

and on all subsequent days and readiness to join duty

he was prevented from reporting to duty, nor was he

permitted to sign the attendance register. The

Tribunal did not record any conclusive finding in his

behalf. It concluded that the management had power

under Clause 13 of the Certified Standing Orders to

terminate with the service of the appellant. Therefore

we hold that the principles of natural justice must

be read into the Standing Order No. 13(2) (iv).

Otherwise it would become arbitrary, unjust and

unfair violating Article 14. When so read the

impugned action is violative of the principles of

natural justice.

16. This conclusion leads to us the question as to

what relief the appellant is entitled to. The

management did not conduct any domestic inquiry

nor gave the appellant any opportunity to put forth

his case. Equally the appellant is to blame himself

for the impugned action. Under those circumstances

50 per cent of the back wages would meet the ends

of justice. The appeal is accordingly allowed. The

award of the Labour Court is set aside and the letter

dated December 12, 1980 of the management is

quashed. There shall be direction to the respondent

to reinstate the appellant forthwith and pay him back

wages within a period of three months from the date

of the receipt of this order. The appeal is allowed

accordingly. The parties would bear their own costs.

25. The principle laid down by the Hon’ble Apex

Court in its aforesaid judgment is applicable to the

case in hand. In the case in hand, though the

Workmen under reference were permanent workers

of the Employer company, they were issued dismissal

letter without issuing show cause notice/charge-

sheet or held any inquiry into the allegations of theft

thereby violating the principles of natural justice.

While deciding the Issue No. 4, I have discussed and

come to the conclusion that the action of the

Employer in terminating the services w.e.f.

11-09-2008 is illegal and unjustified. All the Workmen

under reference were having clean past records. The

Workmen namely Shri Nilkant Saperkar, Namdev

Sawant and Rohidas Gaude are still unemployed. The

Workmen namely Shri Nilkant Saperkar, Namdev

Sawant and Rohidas Gaude are therefore entitled for

reinstatement in service alongwith 50% back wages,

continuity in service and consequential benefits

thereof. The Workmen Shri Surendra Mulgaonkar was

unemployed till 21-09-2011 and thereafter on

22-09-2011 he got Government Service. The Workmen

Shri Surendra Mulgaonkar is therefore entitled for

50% of back wages with consequential benefits from

the date of his termination i.e. 11-09-2008 till the date

of his unemployment i.e. 21-09-2011.

26.The evidence on record indicates that the

deceased Workman late Shri Ramnath Gaude joined

in the Employer Company in the year 01-01-2000. The

legal heirs of the deceased Workman Shri Ramnath

Gaude, are therefore entitled to monetary

compensation amounting to unpaid wages and

consequential benefits thereof from the date of

termination 11-09-2008 till the date of his death i.e.

on 16-07-2012.

In view of the above, I pass the following order:

ORDER

1. It is held that the action of the management

of M/s. Vicco Laboratories Limited, Corlim,

in severing the Employer-Employee

relationship between the five Workmen,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 44

30TH JANUARY, 2025

937

namely (1) Shri Nilkant Saperkar, (2) Shri

Ramnath Gaude (3) Shri Rohidas Gaude (4)

Shri Namdev Sawant and (5) Shri Surendra

Mulgaonkar and the Employer M/s. Vicco

Laboratories Limited, Corlim, amounts to

termination of services of the Workmen with

effect from 11-09-2008. It is further held that

such termination is illegal and unjustified.

2. It is held that the management of M/s. Vicco

Laboratories Ltd., Corlim, Tiswadi, Goa is

hereby directed to reinstate in service the

Workmen namely Shri Nilkant Saperkar,

Namdev Sawant and Rohidas Gaude alongwith

50% back wages, continuity in service and

consequential benefits thereof. Similarly, it is

held that the management of M/s. Vicco

Laboratories Ltd., Corlim, Tiswadi, Goa is

hereby directed to pay to the Workmen Shri

Surendra Mulgaonkar 50% of back wages with

consequential benefits from the date of his

termination i.e. 11-09-2008 till the date of his

unemployment i.e. 21-09-2011 and that the

legal heirs of the deceased Workman Shri

Ramnath Gaude, be paid monetary compensation

amounting to unpaid wages and consequential

benefits from the date of termination

11-09-2008 till the date of his death i.e. on

16-07-2012.

No order as to costs.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II.

——————

Department of Personnel

–––

Order

No. 6/5/2023-PER/229

On the recommendation of the Goa Services

Board, the Governor of Goa is pleased to order

transfer and posting of the following Senior Scale

Officers of Goa Civil Service, in public interest, with

immediate effect:

Sr.

Name and present

Posted as

No.

posting of the Officer

1

2

3

1. Shri Gurudas S. T. Desai,

Director of Civil

State Registar-cum-Head

Aviation with

of Notary Services with

additional charge of

additional charge of

Managing Director,

1

2

3

Managing Director,

Goa Human

Goa Human Resource

Resource

Development

Development

Corporation

Corporation.

2. Shri Amir Yeshwant Parab,

State Registrar-cum-

awaiting posting

-Head of Notary

Services.

3. Shri Sachin Desai,

Director,

Director, Goa State

Environment with

Forensic Science

additional charge of

Laboratory with additional

Member Secretary,

charge of Chief Officer,

Goa Coastal Zone

Bicholim Municipal

Management

Council (under transfer)

Authority.

4. Shri Johnson B. Fernandes,

Chief

Executive

Director, Environment

Officer, Khadi and

with additional charge

Village Industries

of Member Secretary,

Board.

Goa Coastal Zone

Management Authority

Shri Amir Yeshwant Parab shall continue to hold

the charge of Under Secretary, Law (Estt.) in

addition to his own duties, until further orders.

Shri Ashutosh Apte, Director (Admn.), PWD, shall

hold the charge of Director, Goa State Forensic

Science Laboratory in addition to his own duties.

The officer appointed on ex-cadre deputation

post shall be governed by the standard terms of

deputation.

The officers shall complete handing over and

taking over process immediate effect and submit

compliance.

By order and in the name of the Governor of

Goa.

Raghuraj A. Faldesai, Under Secretary (Personnel-I).

Porvorim, 21st January, 2025.

—––––—

Order

No. 15/23/2023-PER/230

On the recommendation of Goa Services Board,

the Governor of Goa is pleased to order the transfer

and posting of the following Officers in the cadre of

Block Development Officer, in public interest, with

immediate effect:

938

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 44

30TH JANUARY, 2025

Sr.

Name and present

Posted as

No.

posting of the Officer

1

2

3

1. Shri Anil L. Dhumaskar,

BDO, Tiswadi.

BDO-I, Directorate of

Panchayats, North (HQ)

2. Shri Pretesh Babu Shetye,

BDO-I, Directorate

BDO, Tiswadi

of Panchayats,

North (HQ).

The officers shall complete handing over and

taking over process immediately and submit

compliance.

By order and in the name of the Governor of

Goa.

Raghuraj A. Faldesai, Under Secretary (Personnel-I).

Porvorim, 21st January, 2025.

——————

Department of Revenue

–––

Order

No. 35/2/2013-RD/1503

In exercise of the powers conferred by Section 9A

of the Indian Stamp Act, 1899 (Act No. 2 of 1899), as

in force in the State of Goa, the Government of Goa

hereby permits the Life Insurance Corporation of

India, Goa Divisional Office, Panaji (hereinafter

referred to as the “LIC Goa”) to pay consolidated

stamp duty of Rs. 1,95,000/- (Rupees one lakh ninety

five thousand only), in lieu of payment of duty by

affixing revenue stamp on the receipts issued by

its offices in the State of Goa towards payment of

premium on life insurance policies which has been

paid vide Cheque No. 000761 dated 13-12-2024 and

various other payments made to external and

internal customers, viz., staff, agents and

contractors, etc., (hereinafter referred to as the “said

receipts”) with effect from 1st January, 2025 to

31st December, 2025, subject to the following

conditions, namely:-

(a) In case the stamp duty chargeable on the

said receipts issued during the above

mentioned period falls short of the stamp duty

consolidated herein and paid to the Government,

the excess consolidated stamp duty shall not

be refunded.

(b) In case the stamp duty chargeable on the said

receipts issued during the above period

exceeds the stamp duty consolidated herein

and paid to the Government, the balance

amount due towards the stamp duty shall be

paid to the Government Treasury by the LIC

Goa latest by the first week of January, 2026.

(c) A detailed report of the total stamp duty

payable on the said receipts issued by the

offices of the LIC Goa, in the State of Goa, shall

be submitted to the Secretary (Revenue),

Revenue Department, Government of Goa, on

or before 31-12-2025.

By order and in the name of the Governor of

Goa.

Vrushika Kauthankar, Under Secretary (Revenue-I).

Porvorim, 21st January, 2025.

————

Order

No. 35/11/01/2021-RD-I/1528

Read: Order No. 35/11/01/2021-RD-I dated 30-09-2024.

The Government of Goa is hereby pleased to

constitute a Committee to determine, analyze and

revise the circle rates and built up rates of

properties. The Committee shall be in force for a

period of two years and shall meet quarterly once

to review the progress.

The composition of the committee shall consist

of following members:

1. Secretary, Revenue

— Chairman.

2. Collector, North

— Member.

3. Collector, South

— Member.

4. Director of Settlement &

— Member.

Land Records

5. State Registrar, Registration

— Member.

Department

6. The Chief Town Planner

— Member.

7. Principal Chief Engineer,

— Member.

Public Works Department

8. Director of Panchayats

— Member.

9. Director of Municipal

— Member.

Administration

10. One nominated member

— Member.

of CREDAI

11. One nominated member

— Member.

of Goa Valuers Association

12. One nominated member of

— Member.

Goa Chamber of Commerce

& Industry

13. Addl./Jt. Secretary (Revenue) — Member

Secretary.

14. Special invitees as nominated by Chairman.

15. Any other person having expertise in the

subject.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 44

30TH JANUARY, 2025

939

Terms of reference:-

1. Carry out the analysis of the current market

trends/rate and propose the revised circle

rate for land.

2. Suggest the mechanism for periodical

revision of rates.

3. Suggest ways to improve the revenue

mobilization/collection of State Government.

4. Suggestions on how to carry out ease of doing

business in Registration Department.

5. Suggest guidelines/formulas for calculations

of rates for land building etc. of different kind

(ready reckoner).

This Order shall come into force on the date of its

publication in the Official Gazette and is in

supersession to the Order read at preamble.

By order and in the name of the Governor of

Goa.

Vrushika Kauthankar, Under Secretary (Revenue-I).

Porvorim, 27th January, 2025.

————

Order

No. 35/11/01/2021-RD-I/1527

Read: Order No. 35/11/01/2021-RD-I dated 30-09-2024.

The Government of Goa is hereby pleased to

constitute a Sub-Committee to assist the Committee

read in the preamble in studying various land

parameters for determination of circle rate and built

up rate. The Sub-Committee shall be in force for a

period of two years and shall meet on a bi monthly

basis.

The composition of the Sub-Committee shall

consist of following members:

i. Joint Secretary (Revenue)

— Chairman.

ii. Dy. Collector, Revenue

— Member.

for North

iii. Dy. Collector, Revenue

— Member.

for South

iv. Town Planner, TCP

— Member.

v. One representative of DSLR

— Member.

vi. One member of CREDAI

— Member.

vii. District Registrar (North),

— Member

Registration Department

Secretary.

viii. One member of Goa Chamber— Member.

of Commerce

ix. One member of Institution

— Member.

of Valuers

x. Special invitees as nominated

— Member.

by Chairman

Terms of reference:-

1. Carry out the analysis of the current market

trends/rate and propose the circle rate for

land.

2. Suggest the mechanism for periodical

revision of rates.

3. Suggest ways to improve the revenue

mobilization/collection of State Government.

4. Suggestions on how to carry out ease of doing

business in Registration Department.

5. Suggest guidelines/formulas for calculations

of rates for land building etc. of different kind

(ready reckoner).

This Order shall come into force on the date of its

publication in the Official Gazette.

By order and in the name of the Governor of

Goa.

Vrushika Kauthankar, Under Secretary (Revenue-I).

Porvorim, 27th January, 2025.

——————

Department of Water Resources

––––

Notification(01)

No. 67-3/CE/CPO/WRD/M.I Census/2024-25/376

Consequent upon the decision of the Government

of India, Ministry of Jal Shakti, New Delhi to conduct

7th Minor Irrigation Census, 2nd Census of Water

Bodies, 1st Census of Major and Medium Irrigation

Projects and 1st Census of Springs in the country

(with respect to reference year 2022-23), the

Government of Goa is pleased to constitute a State

Level Steering Committee (SLSC) comprising of

following members for the smooth and efficient

conduct of the same in this State.

1) The Secretary (Water Resources), — Chairman.

Government of Goa

2) The Director of Planning,

— Member.

Statistics & Evaluation,

Government of Goa,

Porvorim-Goa

3) Representative from Central

— Member.

Water Commission (CWC),

Bengaluru

940

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 44

30TH JANUARY, 2025

4) The Director, Rural Development,

— Member.

Government of Goa, Panaji-Goa

5) The Director, Directorate of

— Member.

Panchayats, Government of Goa,

Panaji-Goa

6) Representative from State

— Member.

Revenue Department,

Government of Goa,

Porvorim-Goa

7) The Joint Director, NSSO (FOD), — Member.

Regional Office, Porvorim-Goa

8) The Chief Engineer (Water

— Census

Resources), Government of Goa

Commi-

ssioner/

/Member

Secretary.

The Committee shall be responsible for looking

into all aspects related to the smooth and efficient

conduct of the 7th Minor Irrigation Census, 2nd

Census of Water Bodies, 1st Census of Major and

Medium Irrigation Projects and 1st Census of Springs

and the Committee shall meet at least once in three

months during the tenure of the census.

This is issued with the approval of the

Government vide U.O. No. 4480/F dated 26-09-2024.

By order and in the name of the Governor of

Goa.

P. B. Badami, Chief Engineer (WR) & ex officio

Addl. Secretary.

Porvorim, 21st January, 2025.

————

Notification(03)

No. 67-3/CE/CPO/WRD/M.I Census/2024-25/375

The Government is pleased to appoint the

following officers for effective and smooth conduct

of 7th Minor Irrigation Census, 2nd Census of Water

Bodies, 1st Census of Major and Medium Irrigation

Projects and 1st Census of Springs (with reference

year 2022-23) which is being conducted in the

State of Goa from the year 2024-25.

1. The Chief Engineer, WRD,

— M. I. Census

Government of Goa, Porvorim

Commissioner.

2. The Surveyor of Works-

— North Goa

-Circle-I, WRD, Porvorim,

District Level

Goa

Officer.

3. The Surveyor of Works-CPO,

— South Goa

WRD, Porvorim-Goa

District Level

Officer.

4. Block Development Officers

— Block Level

(BDO)

Officers.

1.

Pernem

7. Dharbandora

2.

Bardez

8. Sanguem

3.

Bicholim

9. Quepem

4.

Sattari

10. Salcete

5.

Tiswadi

11. Cancona

6.

Ponda

12. Mormugao

Duties and responsibilities:-

1. The Census Commissioner will be the

overall incharge for the conduct of the census

in Goa State.

2. District Level Officers-North Goa and South

Goa will have overall charge of respective

districts. They will also be responsible for

overall monitoring of the census work in their

respective districts.

3. Block Development Officers (BDO) will be

responsible for appointing and allocating the

duties to the enumerators for their respective

talukas.

This is issued with the approval of the

Government vide U. O No. 4480 dated 26-09-2024.

By order and in the name of the Governor of

Goa.

P. B. Badami, Chief Engineer (WR) & ex officio

Addl. Secretary.

Porvorim, 21st January, 2025.

————

Notification(02)

No. 67-3/CE/CPO/WRD/M.I Census/2024-25/377

Consequent upon the decision of the

Government of India, Ministry of Jal Shakti, New Delhi

to conduct 7th Minor Irrigation Census, 2nd Census

of Water Bodies, 1st Census of Major and Medium

Irrigation Projects and 1st Census of Springs in the

country (with respect to reference year 2022-23),

the Government of Goa is pleased to constitute a

State Level Technical Sub-committee (SLTSC)

comprising of following members for the smooth

and efficient conduct of the same in this State.

1. The Chief Engineer, Central

—

Chairman.

Water Commission, Regional

Office, Bengaluru

2. The Regional Director/

—

Member.

/Nominated Representative,

Central Ground Water Board,

Bengaluru

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 44

30TH JANUARY, 2025

941

3. The Director, The Directorate

— Member.

of Planning, Statistics and

Evaluation, Government of

Goa/Nominated Representative

4. The Chief Engineer, Water

— Census

Resources Department,

Commi-

Government of Goa, Porvorim-

ssioner/

-Goa

/Member

Secretary.

The Sub-Committee will provide technical inputs

and guide the State Statistical Cell/concerned

officials for smooth and efficient conduct of the said

census for which the committee shall meet at least

once in three (03) months during the tenure of the

same.

This is issued with the approval of the

Government vide U. O. No. 4480/F dated 26-09-2025.

By order and in the name of the Governor of

Goa.

P. B. Badami, Chief Engineer (WR) & ex officio

Addl. Secretary.

Porvorim, 21st January, 2025.

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