SERIES II No. 7

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

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

Panaji, 16th May, 2024 (Vaisakha 26, 1946)

Note:- There are three Extraordinary issues to the Official Gazette, Series II No. 6 dated 09-05-2024 as follows:-

(1) Extraordinary dated 10-05-2024 from pages 191 to 192 regarding Orders & Notifications from Goa State

Election Commission.

(2) Extraordinary (No. 2) dated 14-05-2024 from pages 193 to 194 regarding Notification from Department

of Panchayati Raj and Community Development.

(3) Extraordinary (No. 3) dated 15-05-2024 from pages 195 to 196 regarding Notification from Department

of Panchayati Raj and Community Development.

197

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

GOVERNMENT OF GOA

Department of Co-operation

Office of the Asstt. Registrar of Co-operative Societies

—–––––—

El-Capitan Centre Co-operative Maintenance Society Ltd.

Near Court Complex, Feira-Alto, Mapusa, Bardez-Goa

Reg. Code Symbol No. GEN-5/NZ/Goa dated 16-03-2007

—–––––—

Final List of Members of the El-Capitan Centre Co-op. Maintenance Society Ltd.

Sr.

Full name

Full postal

Class of

Whether

Remarks

No.

of member

address

member

membership is

Individual/Firm/

Company/Body

Corporate/Public

Trust/Joint

Member/Co.op Scty.

1

2

3

4

5

6

1.

Dr. Luildo Marcos de

Flat 1, 2nd Floor, El Capitan

General Joint Membership 2F1/O12

Noronha & Mrs. Marcia Centre, Feira Alta, Mapusa, Goa 403507

Maria N. De Noronha

2.

Mrs. Digambar M.

Flat 2, 2nd Floor, El Capitan Centre, General Individual

2F2

Chodankar

Feira Alta, Mapusa, Goa 403507

3.

Mr. Vikram Shantaram Flat 3, 2nd Floor, El Capitan Centre, General Individual

2F3

Kavlekar

Feira Alta, Mapusa, Goa 403507

4.

Ms. Shirley V. Pereira e

Flat 4, 2nd Floor, El Capitan Centre, General Individual

2F4/3F6

D’Souza

Feira Alta, Mapusa, Goa 403507

5.

Mrs. Archana Anand

Flat 5, 2nd Floor, El Capitan Centre, General Individual

2F5

Chanekar

Feira Alta, Mapusa, Goa 403507

6.

Mr. Francisco Pedro

Flat 6, 2nd Floor, El Capitan Centre, General Joint Membership

2F6

D’souza & Mrs. Leonita Feira Alta, Mapusa, Goa 403507

Margarida D’souza

198

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

16TH MAY, 2024

1

2

3

4

5

6

7.

Mrs. Cherion Francisca

Flat 1, 3rd Floor, El Capitan Centre,

General Joint Membership

3F1

Pais & Mr. Collin Joseph

Feira Alta, Mapusa, Goa 403507

Savio Pais

8.

Ms. Fareen Faruk

Flat 2, 3rd Floor, El Capitan Centre,

General Individual

3F2

Mohammed

Feira Alta, Mapusa Goa 403507

9.

Mr. Nazareth Louis Coelho Flat 3, 3rd Floor, El Capitan Centre,

General Joint Membership 3F3/LG9

& Ms. Leolin Coelho

Feira Alta, Mapusa, Goa 403507

10.

Mr. David D’souza,

Flat 4, 3rd Floor, El Capitan Centre,

General Joint Membership 3F4

Mr. Dominic D’souza,

Feira Alta, Mapusa, Goa 403507

Mr. Donald D’souza

11.

Mrs. Shobha Suresh

Flat 5, 3rd Floor, El Capitan Centre,

General Individual

3F5/UG2

Mhambrey

Feira Alta, Mapusa, Goa 403507

12.

Ms. Shahista Y. Memon Flat 1, 4th Floor, El Capitan Centre,

General Joint Membership 4F1

& Mr. Yusuf Memon

Feira Alta, Mapusa, Goa 403507

13.

Dr. Shilpa Mhambrey

Flat 2, 4th Floor, El Capitan Centre,

General Individual

4F2

Feira Alta, Mapusa, Goa 403507

14.

Mr. Sameer Gaikwad

Flat 3, 4th Floor, El Capitan Centre,

General Individual

4F3

Feira Alta, Mapusa, Goa 403507

15.

Mrs. Shweta Dharmendar Flat 4, 4th Floor, El Capitan Centre,

General Individual

4F4

Hirve

Feira Alta, Mapusa, Goa 403507

16.

Mrs. Seema R. Verlekar Flat 5, 4th Floor, El Capitan Centre,

General Individual

4F5

Feira Alta, Mapusa, Goa 403507

17.

Ms. Violet Filomena

Flat 6, 4th Floor, El Capitan Centre,

General Joint Membership

4F6

D’souza alias Violet Lobo Feira Alta, Mapusa, Goa 403507

18.

Mrs. Varsha M. Narvekar Flat 1, 5th Floor, El Capitan Centre,

General Individual

5F1

Feira Alta, Mapusa, Goa 403507

19.

Mrs. Ratnamanjiri R.

Flat 2, 5th Floor, El Capitan Centre,

General Individual

5F2

Sawant

Feira Alta, Mapusa, Goa 403507

20.

Mr. Siddhart Narayan

Shop 1, Lower Ground Floor, El Capitan

General Joint Membership

LG1

Tilve & Mrs. Harshada S.

Centre, Feira Alta, Mapusa, Goa 403507

Tilve

21.

Ramesh M. Patel

Shop 2, Lower Ground Floor, El Capitan

General Individual

LG2

Centre, Feira Alta, Mapusa, Goa, 403507

22.

M/s Al-lite Traders, by

Shop 3, Lower Ground Floor, El Capitan

General Firm

LG3/4

Its Partner, Mr.

Centre, Feira Alta, Mapusa, Goa 403507

Mangesh Radhakrishna

Shirodkar

23.

M/s. Silimkhan Optics Shop 5, Lower Ground Floor, El Capitan

General Individual

LG5

(now of Mr. Shamuim

Centre, Feira Alta, Mapusa, Goa 403507

T. Silimkhan)

24.

Mr. Parshuram Dattaram Shop 6, Lower Ground Floor, El Capitan

General Individual

LG6

Arolkar

Centre, Feira Alta, Mapusa, Goa 403507

25.

Dr. Soid Amanulla

Shop 7, Lower Ground Floor, El Capitan

General Individual

LG7

Centre, Feira Alta, Mapusa, Goa 403507

26.

Mr. Dhanesh Walavalkar Shop 8, Lower Ground Floor, El Capitan General Individual

LG8

Centre, Feira Alta, Mapusa, Goa 403507

27.

Adv. Lloyd Lopes Lobo

Office No. 1, 1st Floor, El Capitan

General

Individual

O1

Centre, Feira Alta, Mapusa Goa 403507

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

16TH MAY, 2024

199

1

2

3

4

5

6

28.

Dr. Shyamprasad

Office No. 2, 1st Floor, El Capitan

General

Joint Membership O2/UG 7/8

Kharangate & Dr. (Mrs.) Centre, Feira Alta, Mapusa, Goa 403507

Neeta Kharangate

29.

Mrs. Priyanka K.

Office No. 3, 1st Floor, El Capitan

General

Individual

O3

Bandodkar

Centre, Feira Alta, Mapusa, Goa 403507

30.

Mr. Ramesh Laxman

Office No. 4, 1st Floor, El Capitan

General

Individual

O4

Gawande

Centre, Feira Alta, Mapusa, Goa 403507

31.

Mr. Amey Singapurkar Office No. 5, 1st Floor, El Capitan

General

Individual

O5

Centre, Feira Alta, Mapusa, Goa 403507

32.

Ms. Pramila Shripad

Office No. 6, 1st Floor, El Capitan

General

Individual

O6

Daptardar

Centre, Feira Alta, Mapusa, Goa 403507

33.

Mr. Sadanand M. Shet Office No. 7, 1st Floor, El Capitan

General

Individual

O7/15

Tanavade

Centre, Feira Alta, Mapusa, Goa 403507

34.

Mrs. Ella Atai

Office No. 8, 1st Floor, El Capitan

General

Individual

O8-9/UG1

Centre, Feira Alta, Mapusa, Goa 403507

35.

Mr. Ratnapal Shiva Salkar Office No. 10, 1st Floor, El Capitan

General

Joint Membership O10

& Mrs. Lata Ratnapal

Centre, Feira Alta, Mapusa, Goa 403507

Salkar

36.

Adv. Vinayak S. N.

Office No. 11, 1st Floor, El Capitan

General

Individual

O11

Alornekar

Centre, Feira Alta, Mapusa, Goa 403507

37.

Dr. (Mrs.) Varsha S.

Office No. 13, 1st Floor, El Capitan

General

Individual

O13

Kamat

Centre, Feira Alta, Mapusa, Goa 403507

38.

Mr. Venkatesh

Office No. 14, 1st Floor, El Capitan

General

Individual

O14

Purushottom Prabhu

Centre, Feira Alta, Mapusa,, Goa 403507

39.

Adv. Amey Arjun Phadte

Office No. 16, 1st Floor, El Capitan

General

Individual

O16

Centre, Feira Alta, Mapusa, Goa 403507

40.

Adv. Arjun Krishna

Office No. 17, 1st Floor, El Capitan

General

Individual

O17

Phadte

Centre, Feira Alta, Mapusa, Goa 403507

41.

Mrs. Shilpa Ramesh

Office No. 18, 1st Floor, El Capitan

General

Individual

O18

Verlekar

Centre, Feira Alta, Mapusa, Goa 403507

42.

Mrs. Blanche Fernandes Shop 3, Upper Ground Floor, El Capitan

General

Joint Membership UG 3/4/6

& Mr. Kenneth Fernandes Centre, Feira Alta, Mapusa, Goa 403507

43.

Mr. Ricardo Carlos Ribeiro Shop 5, Upper Ground Floor, El Capitan

General

Individual

UG5

Centre, Feira Alta, Mapusa, Goa 403507

44.

Mr. Mathew Kurian

Shop 9, Upper Ground Floor, El Capitan General

Individual

UG9

Centre, Feira Alta, Mapusa, Goa 403507

45.

Mrs. Meenakshi V. Prabhu Shop 10, Upper Ground Floor, El Capitan

General

Joint Membership UG10

Mahambre & Mr. Vinay Centre, Feira Alta, Mapusa, Goa 403507

P. Mahambre

46.

Adv. Surendra Narulkar Shop 11, Upper Ground Floor, El Capitan

General

Individual

UG11

Centre, Feira Alta, Mapusa, Goa 403507

47.

Adv. Satish J. Rao

Shop 12, Upper Ground Floor, El Capitan

General

Individual

UG12/13

Centre, Feira Alta, Mapusa, Goa 403507

48.

Mr. Sayed Hussain

Shop 15, Upper Ground Floor, El Capitan

General

Individual

UG14-18

Centre, Feira Alta, Mapusa, Goa 403507

Ratnapal Salkar, Chairman.

Mapusa, 18th January, 2024.

200

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

16TH MAY, 2024

Department of Fisheries

Directorate of Fisheries

––

Order

No. 2-1-81-FSH

In exercise of the powers conferred by sub-

-sections (1) and (2) of Section 4 of the Goa Marine

Fishing Regulation Act, 1980 (Act No. 3 of 1981), the

Government of Goa, having regard to the need to

conserve fish, hereby prohibits fishing by fishing

vessels fitted with mechanical means of propulsion

and by means of trawl-net and purse-seine net,

except fishing by registered motorized canoes using

gill nets only, and fitted with outboard or inboard

motors, of upto 10 HP capacity, as a means of

propulsion, along the sea coast of the State of Goa

and the territorial waters of the State of Goa, with

effect from 1st June, 2024 till 31st July, 2024 (both

days inclusive).

By order and in the name of the Governor of

Goa.

Dr. Shamila Monteiro, Director and ex officio/Joint

Secretary (Fisheries).

Panaji, 8th May, 2024.

——————

Department of Labour

––

Order

No. 28/38/2024-LAB/290

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. Gomantak Private Limited,

Gomantak Bhavan, St. Inez, Panaji, Goa and it’s

workman, Shri Vithal Sukhadkar, represented by the

Goa Union of Journalists, in respect of the matter

specified in the Schedule hereto;

And whereas, the Government of Goa considers it

expedient to refer the said dispute for adjudication.

Now, therefore, in exercise of the powers

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

Section 10 of the Industrial Disputes Act, 1947

(Central Act 14 of 1947), the Government of Goa

hereby refers the said dispute for adjudication to

the Industrial Tribunal of Goa at Panaji-Goa,

constituted under Section 7A of the said Act.

SCHEDULE

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

Gomantak Private Limited, Gomantak Bhavan,

St. Inez, Panaji, Goa, in refusing salary and

arrears to Shri Vithal Sukhadkar, Reporter/

/Journalist, as per recommendation of Majithia

Wage Board, is legal and justified?

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

By order and in the name of the Governor of

Goa.

Asha Harmalkar, Under Secretary (Labour).

Porvorim, 8th May, 2024.

—–––––—

Order

No. 28/41/2024-LAB/291

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. Indoco Remedies Limited,

Plant-II, L-32, 33, 34, Verna Industrial Estate, Verna,

Goa and it’s workman, Shri Sainath Patil, in respect

of the matter specified in the Schedule hereto;

And whereas, the Government of Goa considers it

expedient to refer the said dispute for adjudication.

Now, therefore, in exercise of the powers

conferred by Clause (c) of sub-section (1) of Section 10

of the Industrial Disputes Act, 1947 (Central Act 14

of 1947), the Government of Goa hereby refers the

said dispute for adjudication to the Labour Court-II

of Goa at Panaji-Goa, constituted under sub-section

(1) of Section 7 of the said Act.

SCHEDULE

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

Indoco Remedies Limited, Plant-II, L-32, 33, 34,

Verna Industrial Estate, Verna, Goa, in

dismissing, Shri Sainath Patil, with effect from

03-06-2022, is legal and justified?

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

By order and in the name of the Governor of

Goa.

Asha Harmalkar, Under Secretary (Labour).

Porvorim, 8th May, 2024.

—–––––—

Order

No. 28/40/2024-LAB/292

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. Watson Pharma Private

Limited, Plot No. A3 to A6, Phase I-A, Verna

Industrial Estate, Verna, Goa and it’s workman, Shri

Rahul Rajendra Parab, in respect of the matter

specified in the Schedule hereto;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

16TH MAY, 2024

201

And whereas, the Government of Goa considers it

expedient to refer the said dispute for adjudication.

Now, therefore, in exercise of the powers

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

10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947), the Government of Goa hereby refers

the said dispute for adjudication to the Labour

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

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

SCHEDULE

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

Watson Pharma Private Limited, Plot No. A3 to

A6, Phase I-A, Verna Industrial Estate, Verna,

Goa, in dismissing, Shri Rahul Rajendra Parab,

with effect from 10-06-2023, is legal and

justified?

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

By order and in the name of the Governor of

Goa.

Asha Harmalkar, Under Secretary (Labour).

Porvorim, 8th May, 2024.

————

Order

No. 28/39/2024-LAB/293

Whereas, the Government of Goa is of the opinion that an industrial dispute exists between the

management of M/s. Himgiri Casting Private Limited, Kundaim Industrial Estate, Kundaim, Goa and it’s

workmen, represented by the Gomantak Mazdoor Sangh, in respect of the matter specified in the Schedule

hereto;

And whereas, the Government of Goa considers it expedient to refer the said dispute for adjudication.

Now, therefore, in exercise of the powers conferred by Clause (d) of sub-section (1) of Section 10 of the

Industrial Disputes Act, 1947 (Central Act 14 of 1947), the Government of Goa hereby refers the said dispute

for adjudication to the Industrial Tribunal of Goa at Panaji-Goa, constituted under Section 7A of the said

Act.

SCHEDULE

(1) Whether the action of the management of M/s. Himgiri Casting Private Limited, Kundaim Industrial

Estate, Kundaim, Goa in refusing employment to following sixteen workmen, with effect from

16-11-2023, is legal and justified?

Sr. No.

Name of workmen

Date of joining

Department

Designation

1

2

3

4

5

1.

Bishwakarma Singh

22-10-2020

Disa

Lock out Operator.

2.

Chotu

01-07-2020

Melting

Helper.

3.

Kirum Kongari

01-10-2020

M/C shop

Machine Operator.

4.

Shambhu Nath

13-02-2021

Melting

Helper.

5.

Indrasen

13-07-2017

Melting

Helper.

6.

Sunita Orain

20-10-2020

Cementing

Helper.

7.

Ramajor Sriburary Rajbhar

01-04-2019

Casting Checking

Quality Inspector.

8.

Sabnus Barla

01-10-2022

Coal Shop

Machine Operator.

9.

Subhash Ram

01-07-2017

Casting Checking

Quality Inspector.

10.

Debasis Ashwin Pramanik

01-03-2018

M/C shop

Machine Operator.

11.

Akhileshwar Maurya

08-10-2021

Maintenance

Fitter.

12.

Gulshan

01-07-2020

Melting

Helper.

13.

Chintamani

01-10-2022

M/C shop

Machine Operator.

14.

Sangita Bhengra

20-10-2020

Cementing

Helper.

15.

Baldev

16-11-2018

Melting

Operator.

16.

Ravindar Maurya

01-01-2016

M/C shop

Drilling Operator.

(2) If answer to issue No. (1) above is negative, then what relief the workmen are entitled to?

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

Asha Harmalkar, Under Secretary (Labour).

Porvorim, 8th May, 2024.

202

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

16TH MAY, 2024

Notification

No. 28/02/2023-LAB/533

The following Award passed by the Labour

Court-II, at Panaji-Goa on 12-07-2023 in Case No.

Ref. LC-II/IT/85/07 is hereby published as required

under Section 17 of the Industrial Disputes Act,

1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

Vivek Naik, Under Secretary (Labour).

Porvorim, 1st August, 2023.

––––

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. LC-II/IT/85/07

The General Secretary,

All Goa General Employees Union,

2nd floor, Mukund Building,

P.O. Box 90, Vasco-da-Gama,

Goa.

............Workmen/Party-I

V/s

1. The Managing Director,

M/s. Goa Construction Housing

and Finance Corporation Limited. ...Employer/Party II(1)

2. Goa Housing Board,

Porvorim, Goa

……Employer/Party II(2)

Workmen/Party I represented by Adv. Shri J. Naik.

Employer/Party II represented by Adv. C. Carvalho

Panaji, dated: 12-07-2023

AWARD

1. In exercise of the powers conferred by Clause

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

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

Government of Goa, by Order dated 02-11-2006,

bearing No. 28/36/2006-LAB/864 referred the

following dispute for adjudication to the Labour

Court-II of Goa at Panaji-Goa.

“(1) Whether the action of the Management of

M/s. Goa Construction and Housing and

Finance Federation Limited, Panaji, in

retrenching the following fourteen Union with

effect from the dates mentioned against their

respective names, is legal and justified?

Sr.

Name

Date of

No.

termination

1

2

3

1.

Miss Nutan Govekar

09-10-2002

2.

Mr. Alirio Mendonca

11-10-2002

3.

Shri Rama Vishwanath

09-10-2002

4.

Shri Sadanand N. Shirodkar

09-10-2002

5.

Mrs. Sunita R. Kalangutkar

09-10-2002

6.

Shri Kanta Dattaram

09-10-2002

7.

Mr. Vinod Gurudas Borkar

09-10-2002

8.

Mr. Godfry Machado

09-10-2002

9.

Shri Roque Carlos Pereira

09-10-2002

10.

Mr. Dinesh Chanrakant

09-10-2002

11.

Shri Yeshwant V. Madkaikar

09-10-2002

12.

Shri Ajit Salgaonkar

09-10-2002

13.

Shri Deepak P. Varti

01-03-2004

(2) If not,

(a) What relief the workpersons are entitled

to?

(b) Whether any relief can be granted against

M/s Goa Housing Board, Porvorim-Goa, to

which assets and liabilities of M/s Goa

Construction Housing and Finance

Corporation Ltd. have been transferred?

2. On receipt of the reference, a case was

registered under Ref. No. IT/85/2007 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 filed their

Statment of Claim on 30-05-2008 at Exb. 12, through

All Goa General Employees Union (for short, “the

said Union”). The facts of the case, in brief as

pleaded by the Union are that all 14 workers

involved in the present industrial dispute are

members of and represented by the All Goa General

Employees Union which is a duly registered Trade

Union under the law. The Union stated that they

were the employees of the Employer (1) in its office

establishment as per their respective dates of

employement. The Union stated that 10 of Workmen

were purportedly terminated w.e.f. 09-10-2002 on

the alleged ground of intended winding up of the

Employer(1). However there was no such winding

up in fact. The Union stated that two workers were

subsequently terminated on 11-10-2002 and 3

workers were terminated on 01-03-2004. The

Union stated that the bare perusal of the dates of

termination itself shows that there was no winding

up in fact. The Union stated that the Government

of Goa which is the sole share holder of the entire

share capital of the employer (1) only purported to

transfer all the assets and liabilities of the employer

(1) to the Employer (2) which is also a statutory

company belonging to the Government of Goa. The

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

16TH MAY, 2024

203

Union stated that all the 14 workers were therefore

entitled to be continued in employment on the rolls

of the Transferee company i.e. Goa Housing Board

i.e. Employer (2), if at all there was such a transfer

in actual fact. The Union stated that the business

activities of the Employer (1) were never closed.

The Union stated that there was no prior notice of

closure. The Union stated that no information of

intended closure was given by the Employer (1) to

the authorities under the I.D. Act, 1947, nor was

any permission sought. The Union stated that in

fact the workers were subsequently given a written

assurance that their services would be continued.

The Union stated that this fact by itself proves that

the Employer (1) is conscious of the illegality and

unjustifiability of its actions. The Union stated that

instead of continuing their services, they were

allegedly retrenched/terminated. The Union stated

that the alleged retrenchment compensation was,

in fact, paid by the Employer (2). The Union stated

that this itself shows that the workers were actually

entitled to be continued on the roll of Employer (2).

The Union stated that this all the more glaring

because the entire assets and liablities of the

Employer (1), (including all the on going projects of

the Employer (1) were purportedly transferred to

the Employer (2). The Union stated that the Govt.

of Goa had in fact also taken a separate decision to

continue the workers in employment, albeit in other

Corporations/autonomous bodies. The Union stated

that even after all the alleged retrenchment of the

workers on the alleged ground of winding up of the

Employer (1), the business activities of the Employer

(1) still continued in full force. The Union stated

that after the purported transfer all the assets and

liabilities of the Employer (1) to the Employer (2) all

the schemes and projects of Employer (1) have been

continued by the Employer (2). The Union stated

that the Employer (2) has also employed new

workers on its roll in permanent, temporary and

casual jobs. The Union stated that however, the

Employer (2) has not re-employed the workers

concerned in this dispute, despite the policy

decision the Government in that respect. The Union

submitted that this is illegal and contrary to their

right to re-employment. The Union stated that the

failure/refusal of the Employer (2) to re-employ them

on the rolls of the Employer (2) is wilful and

deliberate. The Union stated that the Employer (1)

and the Employer (2) both were in possession of

seniority list of the workers concerned in this

dispute and were duty bound to transfer the

services of all the said workers from the rolls of the

Employer (1) to the rolls of the Employer (2) at the

time of the purported transfer of the establishment.

The Union stated that notwithstanding the

purported retrenchment of the workers concerned

in this dispute, they were also entitled to be

re-employed on the rolls of the Employer (2). The

Union stated that they are entitled for a direction

from this Hon’ble Tribunal directing the Employer

(2) to re-employ all the workers concerned in this

dispute. The Union therefore prayed that the

workers are all entitled for being reinstated in

service either with Employer (1) or with its

transferee Company viz. Employer (2) with full back

wages, continuity in service and other

consequential benefits.

3. The Employer (1) resisted the claim of the

Union by filing its written statement on 30-05-2008

at Exb. 15. The Employer (1), as and by way of its

reply, submitted that the present proceedings are

not maintainable as the Union who are agitating

before this Hon’ble Tribunal have been duly

retrenched after obtaining approval of Government

on payment of one month salary and that they have

not protested while relieving them and accepted

the retrenchment.

4. The Employer (1) stated it was a Government

Corporation. The Employer (1) stated that it was

suffering heavy losses and therefore has been

wound up by the Government and its assets and

liabilities of payments were transferred to the

Employer (2). The Employer (1) stated that the

liabilities towards any employee of its Corporation

has not been taken over by the Employer (2) and

hence the Union cannot make any claim against

the Employer (2) and Employer (1) Corporation

which does not exist. The Employer (1) stated that

it was established under the Companies Act, 1956

on 30-09-1993 by the Govt. of Goa with the main

objective to undertake housing, improvement,

building Schemes and other allied activities. The

Employer (1) stated that its Board of Directors were

appointed by the Government from time to time.

The Employer (1) stated that after its establishment,

it started incurring continuous losses since,

1995-96. The Employer (1) stated that it was not

able to utilize its assets and fell short in achieving

its objectives for which it was created. The Employer

(1) stated that the funds allotted to them for

construction of low income houses by the planning

commission were utilized for some other purpose

like construction of HIG flats and no initiatives were

taken by its officials and its directors to sell the flat

or utilize the land in their possession to develop

and sell. The Employer (1) stated that there was

constant refrain to lack of funds because of not

putting the fixed assets to proper use. The Employer

(1) stated that the Comptroller and Auditor General

of India then recommended the closure of the

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

16TH MAY, 2024

Corporation. The Employer (1) stated that due to

the above reasons, the Govt. of Goa also therefore

took a decision to wind up the Employer (1)

Corporation and transfer the housing Schemes

undertaken by them to Employer (2) along with

the Assets and the Liabilities. The Employer(1)

stated that the Government further decided to

retrench the existing staff of the Corporation by

passing the retrenchment benefits under the

provisions of section 25 P of the Industrial Disputes

Act, 1947 i.e. by giving one month notice wage in

lieu of notice and payment of 45 days compensation

(basic+DA) for every years of continuous service.

The Employer (1) stated that in addition to

retrenchment compensation, the employees got the

other benefits as per their admissibility. The

Employer (1) stated that on 01-03-2004 by deed of

transfer, all the assets and liabilities of the Employer

(1) Corporation were transferred to the Employer

(2) without any liability of the employees. The

Employer (1) stated that in deed of transfer executed

between themselves and the Employer (2) clearly

stated that the Employer (2) shall not be liable for

any liabilities towards any claim of any retrenched

employees to absorb in Employer (2). The Employer

(1) stated that thus the retrenched staff has no

right to claim absorption in Employer (2). The

Employer (1) stated that the it has been duly wound

up as per the decision of the Government. The

Employer (1) stated that the termination is done as

per the law and the Union are paid one month

salary and retrenchment benefits and therefore the

Union are not entitled to raise any dispute. The

Employer (1) stated that though Employer (2) is a

statutory boby and it has its own strength of

employees and rules and regulations. The employer

(1) stated that there are no vacancy in Employer (2)

and the union cannot claim any right to employ

them in Employer (2). The Employer (1) stated that

the retrenchment compensation was paid by them

when it was existing. The Employer (1) stated that

the land belonging to them was not all all developed

and activities were not carried out. The Employer

therefore prayed that the reference be rejected.

4. The Employer (2) also resisted the claim of the

Union by filing its reply dated 30-03-2011 at Exb.

35. The Employer (2) as and by way of its reply,

submitted that the present proceedings are not

maintainable as the Workmen who are agitating

before this Hon’ble Tribunal have been duly

retrenched on payment of one month’s salary after

having obtained the approval of the Govt. The

Employer (2) submitted that the workmen have not

protested whilst being relieved but have accepted

their retrenchment, hence the present proceedings

cannot entertain. The Employer (2) submitted that

the Employer (1) was a Govt. owned Corporation

which was suffering heavy losses and has therefore

been wound up by the Govt. and its assets and

liabilities of payments have been trasferred to them.

The Employer (2) submitted that the liabilities

towards any employees of the Employer (1) have

not been taken over by them and hence the

Workmen cannot make any claims either against

them or against the Employer (1) which no longer

in existence. The Employer (2) therefore submitted

that the reference is liable to be rejected.

5. The Employer (2) stated that the Employer (1)

was established under the Companies Act, 1956 on

30-09-1993 by the Govt. of Goa with the main

objective of undertaking housing improvement,

building schemes and other allied activities. The

Employer (2) stated that the Board of Directors of

the Employer (1) was appointed by the Govt. from

time to time. The Employer (1) stated that after the

Employer (1) was established, it began incurring

losses continuously since 1995-96. The Employer

(2) stated that the Employer (1) was not able to

utilize its assets and fell short in achieving its

objectives for which purpose it had created. The

Employer (2) stated that the funds allotted to the

Employer (1) for construction of low income group

houses by the planning Commission were utilized

for some other purposes like construction of high

income group flats and no initiatives were taken by

the officials of the Employer (1) and/or the Board of

Directors of the Employer (1) to sell the flats or

utilize the land in their possession to develop and

sell the same. The Employer (2) stated that there

was constant refrain to lack of funds on account of

the fixed assets not being put to proper use. The

Employer (2) stated that the Comptroller and Auditor

General of India then recommended the closure

of the Employer (1). The Employer (2) stated that

due to above reasons, the Govt. of Goa also therefore

took a decision to wind up the Employer (1)

Corporation and transfer the housing Scheme

undertaken by the Employer (1) Corporation to them

along with the assets and liabilities. The Employer

(2) stated that the Govt. further decided to retrench

the existing staff of the Employer (1) Corporation

by paying them the retrenchment benefits under

the provisions of Section 25 P of the I. D. Act, 1947,

i.e. by paying one month’s wages in lieu of notice

and payment of 45 days compensation (Basic+DA)

for every year of continuous service. The Employer

(2) stated that in addition to the retrenchment

compensation, the employees also received the

other benefits as per their admissibility. The

Employer (2) stated that on 01-03-2004, by deed of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

16TH MAY, 2024

205

transfer, all the assets and libilities of the Employer

(1) Coropration were transferred to them without

any liability to the employees. The Employer (2)

stated that in the deed of transfer executed between

the Employer (1) and themselves it has been clearly

stated that the Employer (1) Corporation shall not

be liable for any liabilities towards any claim of

any retrenched employee to be absorbed in

themselves. The Employer (2) stated that thus the

retrenched Employees have no right to claim

absorption in themselves. The Employer (2) stated

that once the retrenchment has been undertaken

by the Govt. of Goa, the retrenched Workmen are

not entitled to reinstatement. The Employer (2)

submitted that as per the decision of the Govt. The

Employer (2) submitted that the termination has

been done as per the law and the Workmen have

been paid one month’s salary as well as

retrenchment benefits. The Employer (2) submitted

that the workmen are therefore are not entiled to

raise any dispute now. The employer (2) submitted

that the Employer (2) is a statutory body and has

own strength of employees as well as its own rules

and regulations. The Employer (2) submitted that

there are no vacanies in their board and the

workmen cannot claim any right to be employed in

the Employer(2) therefore prayed that the reference

be liable to be rejected.

6. Thereafter, the union filed their Rejionder to

the Written Statement of the Employer (1)

on 11-08-2008 at Exb. 2.1. The Union, as and by way

of its Rejoinder, submitted that the Written

Statement dated 30-05-2008 is illegal and

unauthoized being filed by person/organisation

which is not a Party to the dispute and hence the

said written statement may kindly be struck off the

record and the matter be proceeded ex-parte against

the Employer (1). The Union denied the overall case

as pleaded in the Written statement of the Employer

(1). The Union submitted that the alleged deed of

transfer dt. 01-03-2004 or its alleged contents are

not admitted.

7. The Union also filed their Rejoinder on

05-05-2011 at Exb. 36, to the Written Statement of

the Employer (2). The Union, as and by way of its

Rejoinder, submitted that maintains, reiterates,

repeats and confirms all the averments made in

their Statement of Claim anything contrary thereto

or in consistant therewith which may be contained

in the written Statement. The Union stated that

any such alleged agreement or understanding

between the Employer (1) Corporation and the

Employer (2) is contrary to law, illegal, unjustified

and in any case not binding on the Workmen or on

the Union.

8. Based on the pleading filed by the parties

hereinabove, this Hon’ble Court was pleased to

frame the following issues:

1) Whether the Party-I/Workmen proves that the

action of the Party-II/Employer in retrenching

the 14 Union in the order of reference illegal

and unjustified?

2) Whether the Party-I/Workmen proves that the

Employer is an existing legal entity?

3) Whether the Party-II proves that the present

order of reference is not maintainable as

alleged in para 1 of their reply?

3A) Whether Employer (2) proves that Employer

(1) has been wound up and the agreement of

transfer executed states that there is no

liability on Employer (2) to accommodate any

of the employees of Employer (1)?

4) Whether the Party-I is entitiled to any relief?

5) What Award?

9. My answers to the aforsaid issues are as under

1) Issues No.1

:

In the Negative

2) Issue No. 2

:

In the Negative

3) Issue No. 3

:

In the Affirmative

4) Issue No. 3A

:

In the Affirmative

5) Issues No. 4 & 5

:

As per final order

Reasons

10. Issues No. 1 & 3

I am deciding the Issues No. 1 & 3 simultaneously

as both the said issues are co-related to each other.

Both the Employer, in its reply filed in the present

proceeding, submitted that as the Workmen have

been duly retrenched after obtaining approval of

Government on payment of one month salary.

Burden was cast on the Party-I Union to prove the

Issue No. 1.

11. The term “retrenchment” has been defined

u/s 2 (OO) of the I.D. Act, 1947. Section 25(FFF)

provides for compensation to the Workmen in case

of closing down of undertaking and it reads as

under:

Section 25FFF- Compensation to the Union in

case of closing down of undetakings:-

(1) Where an undertaking is closed down for any

reason whatsoever, every Workmen who has been in

continuous service for not less than one year in that

undertaking immediately before such closure shall,

subject to the provisions of sub-section (2), be entitled

to notice and compensation in accordance with the

provisions of Section 25-F, as if the Workmen had

been retrenched.

Provided that where the undertaking is closed

down on account of unavoidable circumstances

beyond the control of the Employer, the compensation

to be paid to the Workmen under Clause (b) of Section

25F, shall not exceed his averag pay for three months.

12. Similarly Section 25F of the I.D. Act provides

for condition precedent for a valid retrenchment of

the Workmen and it reads as under

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

16TH MAY, 2024

Section 25F- No Workmen employed in any

industry who has been in continuous services for

not less than one year under an Employer shall be

retrenched by that Employer until

(a) The workmen, has been given one month’s

notice in writing indicating the reasons for

retrenchment and the period of notice has

expired, or the workmen has been paid in

lieu of such notice, wages for the period of

the notice.

(b) The Workmen has been paid, at the time of

retrenchment, compensation which shall be

equivalent to fifteen days average pay (for

every completed year of continuous service)

or any part thereof in excess of six months

and

(c) Notice in the prescribed manner is served

on the appropriate Government (or such

authority as may be specified by the

appropriate Government by notification in

the Official Gazette).

13. Thus, Section 25 F of the I. D. Act, is

mandatory for the retrenchment of any of the

Workmen. In the present matter the burden was

put on the Union to prove that the retrenchment of

all 14 Workmen named in the order of reference is

illegal and unjustified. The Workmen/Union pleaded

nor supported by any material evidence that they

have not been paid the retrenchment compensation

as well as one month notice or one month pay in

lieu of notice. The Workmen/Union failed to state

the reason for invalidity of their retrenchment. The

evidence on record indicates that all the

retrenchment

Workmen

were

duly

paid

retrenchment benefits in terms of Section 25 F of

the I.D. Act, 1947 by Employer (1). The evidence on

record indicates that the financial books of the

Corporation for the last 5 years have consistently

shown losses and therefore the Govt. of Goa

compelled to wind up the Corporation. It is therefore

held that the Workmen failed to prove that action

of the Employer (1) in retrenching its 14 Workmen

named in the order of reference is illegal and

unjustified. It is further held that the order of

reference is not maintainable in view of the reasons

stated in para 1 of the reply. The Issue No. 1 is

answered in the negative and the issue No. 3 is

answered in the affirmative.

14. Issue No. 2

The burden was put on the Workmen/Union to

prove that the Employer is an existing legal entity.

The Workmen/Union has however failed to prove

that the Employer is an existing body. The evidence

on record indicates that the Employer Corporation

has been wound up pursuant to the order/decision

of the Government of Goa as the Corporation was

facing heavy losses. It is therefore held that the

Workmen failed to prove that the Employer

Corporation is an existing legal entity. Issue No. 2

is therefore answered in the negative.

15. Issue No. 3 (A)

It is admitted that the order dated 06-04-2002

wherein the decision of winding up of the Employer/

Coporation was conveyed to its Managing Director.

The sole witness of the Workmen, Shri Deepak Varty

acknowledge and admits of being aware of the

deed of transfer was executed with due approval of

the Govt. of Goa. The said witness of the Workmen

admitted that the Govt. has given permission for

winding up of the Goa Construction Housing and

Finance Corporation. In terms of clause 5 of deed of

transfer, it is stated that the service of 14 employees

have been retrenched by paying compensation and

Employer (2) shall not be liable for any liability

towards any claim of any employees to absorb this

employees in Goa Housing Board. The sole witness

of the Workmen admitted that the aforesaid Clause

5 of the deed of transfer has not been challenged

and as such deed of transfer has attained finality.

Hence it is held that the Employer (2) proved that

the Employer (1) has been wound up and the

agreement of transfer executed states that there is

no liability on the Employer (2) to accommodate

any of the employees of the Employer (1). The issue

No. 3 is therefore answered in the affirmative.

16. Issue No. 4

While deciding the issue No. 1, I have discussed

and held that the Workmen failed to prove that the

action of the Employer in retrenching its 14

Workmen named in the order of reference is illegal

and unjustified. The Workmen are not entitled to

any relief. The issue No. 4 is therefore answered in

the negative.

In view of above I pass the following order.

ORDER

1. It is held that the action of the management

of M/s Goa Construction Housing and Finance

Corporation Ltd., Panaji-Goa, in retrenching

the fourteen Workmen represented by the

Party-I Union with effect from the dates

mentioned against their repective names, is

legal and justified.

2. It is held that all the 14 Workpersons are not

entitled to any relief.

3. It is further held that no relief can be granted

against M/s Goa Housing Board, Porvorim-Goa

to which assets and liabilities of M/s Goa

Construction and Housing and Finance

Corporation Ltd have been transferred.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

16TH MAY, 2024

207

Department of Personnel

––

Order

No. 5/12/2017-PER/1893

Shri Shreyas D’Silva, Under Secretary, GA-II, shall hold the charge of Under Secretary, GA-I in addition

to his duties as per link arrangement order on retirement on superannuation of Smt. Shaila Bhosle, w.e.f.

01-05-2024 until further orders.

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

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

Porvorim, 9th May, 2024.

————

Notification

No. 5/1/2021-PER/1916

In pursuance to Rule 23 of the Goa Civil Service Rules, 2016, the Departmental Examination for the

Junior Scale Officers of Goa Civil Service mentioned in the enclosed annexure is scheduled from

18-06-2024 to 23-06-2024 at GIPARD, Ella Farm, Old Goa as per the schedule mentioned below:-

Sr. No.

Description

Marks

Date

Time

1

2

3

4

5

1.

Paper-I—The Goan ethos, basic principles

100

18-06-2024

2.00 to 5.00 p.m.

of Goa and general studies (without books)

(Tuesday)

2.

Paper-II—Legal Foundations of Government

100

19-06-2024

2.00 to 5.00 p.m.

(with books)

(Wednesday)

3.

Paper-III—Legal Machinery of Government

100

20-06-2024

2.00 to 5.00 p.m.

(with books)

(Thursday)

4.

Paper-IV—Financial Management in Government

100

21-06-2024

2.00 to 5.00 p.m.

(with books)

(Friday)

5.

Paper-V—Administrative skills in Government

100

22-06-2024

2.00 to 5.00 p.m.

(with books)

(Saturday)

6.

Paper-VI—Contemporary issues in Governance

50

23-06-2024

2.00 to 4.00 p.m.

(without books)

(Sunday)

The candidates shall report to the examination center at GIPARD atleast 30 minutes before the

commencement of the examination on each day, along with a valid ID proof in original/or the ID Card

provided by GIPARD during the Departmental Training.

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

Each candidate has to write ONLY the Seat Number on his/her answer book/supplements (if any). No

other details or inscription/symbols or any description which can reveal the identity of the candidate, shall

be made on the answer book, etc. In such event, where the identity of the candidate is revealed, the answer

book shall not be assessed and the candidate awarded NIL marks.

No material in the form of books, notes, electronic gadgets, etc. will be allowed in the examination hall

for the examination which are conducted without books.

Books/reading material/class notes/powerpoint presentations will be allowed to be taken in the

examination hall only for Paper II, Paper III, Paper IV and Paper V. In case candidates are carrying on

themselves the relevant books/reading material/classnotes/powerpoint presentations in electronic form on

laptops/tablets, then the candidate shall necessarily deposit the said laptop/tablet with the Controller of

Examination at GIPARD, for the purpose of disabling all network connections etc.

208

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

16TH MAY, 2024

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

marks in each paper.

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

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

Porvorim, 10th May, 2024.

————

ANNEXURE

Sr. No.

Name of the Junior Scale Officer

1

2

1.

Sohan Ashok Uskaikar

2.

Gauresh Ashok Pilgaonkar

3.

Shubham Mohan Naik

4.

Ganesh Krishnakumar Barve

5.

Yogiraj Prakash Gosavi

6.

Ashwini Vidwal Bhagat

7.

Girish Gopal Sawant

8.

Sitaram Gurudas Sawal

9.

Manohar Lavu Karekar

10.

Shreyas Dsilva

11.

Medora Eromilla D’Costa

12.

Mriselda Velika Monteiro

13.

Velton Peter Tellis

14.

Prajeet Ramdas Chodankar

15.

Vinayak Suresh Chari

16.

Diksha Namdev Tari

17.

Suyash Vinayak Sinai Khandeparkar

18.

Vrushika Premanand Kauthankar

19.

Himanshu Rajesh Patnekar

20.

Deepti Dharma Gaonkar

21.

Ishwar Madan Madkaikar

22.

Omkar Amar Asolkar

23.

Naresh Gaude

24.

Pankaj Rane

25.

Belwadi Samiullah Nishat

26.

Mrunal Sidharth Marathe

27.

Vipul Raghoba Naik Gaonkar

28.

Sanjana Dipak Bandekar

29.

Nadia Ashraf Ali Shekoli

30.

Safal Krishna Shetye

31.

Sanket Sandip Sakhardande

32.

Manthan Manoj Naik

33.

Sairaj Dattaram Phadte

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

16TH MAY, 2024

209

1

2

34.

Amit Nagesh Sawant

35.

Ratnakant Dinraj Goveker

36.

Agnelo Levlino Dsouza

37.

Manthan Manish Naik

38.

Kaushik Dattaguru Amonkar

39.

Pandurang Digambar Gad

40.

Nehal Gajanan Talaunekar

41.

Pratik Pandurang Porob

42.

Bhimnath Purushottam Khorjuvekar

43.

Jayesh Brahmanand Mayenkar

44.

Ganraj Mahadev Morajkar

45.

Lyndon Provanlee Cardoso

——————

Department of Public Works

Office of the Principal Chief Engineer

–––

Order

No. 14-17/PCE/PWD/EO/2024-25/31

Ref.: 1)Order No. 14-17-2012/PCE-PWD-EO/04 dated 18-04-2012.

2) Order No. 14-17/PCE/PWD/EO/2021-22/244 dated 10-02-2022.

In pursuance of sub-section (1) & (2) of Section 5 of the Right to Information Act, 2005 (hereafter called

the “said Act”), the following Officers are designated as State Public Information Officer and Assistant

State Public Information Officer for the below mentioned Offices of Public Works Department, for carrying

out the functions prescribed under the said Act in partial modification to this Department’s order referred

above.

Sr. No.

Name of Office

Officer designated as SPIO

Officer designated as ASPIO

1.

Office of Chief Engineer-I

Assistant Surveyor of Works,

Junior Engineer, O/o

O/o Chief Engineer-I

Chief Engineer-I.

2.

Office of Chief Engineer-II

Assistant Surveyor of Works,

Junior Engineer, O/o

O/o Chief Engineer-II

Chief Engineer-II.

3.

Office of Chief Engineer

Assistant Surveyor of Works,

Junior Engineer, O/o

(NH, R&B)

O/o Chief Engineer (NH, R&B)

Chief Engineer (NH, R&B).

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

Uttam Parsekar, Principal Chief Engineer (PWD) & ex officio Addl. Secretary.

Panaji, 2nd May, 2024.

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