11 BEGD. GOA-Ii I
Panaji, 23rd September, 1982 (Asvina 1, 1904) SERIES II. No. 26 OFFICIAL ~GAZETTE .! ' ,GOVERNMENT OF GOA, DAMAN AND DIU
Tourism. Deve10pment Corporation, as the Administrator of GOVERNMENT OF GOA, DAMAN Panaji JltIunicipal Council, in addition to his own· duties. with effect from the date 8hri Singh takes over as the Managing AND DIU Director" Kadamba Transport Corporation. . By order and in the name of the Administrator' of Goa. Department of Personnel and Administrative Reforms Daman and Diu. .
G. l-l. Masc(wenhasJ Under Secretary (Personnel) . . Order Panaj:., 18th September, 1982. No. 3/27/82-PER (Vol. II) On placement of his services at the disposal 01.. this • ·Goverrunent, by the Government of India, Ministry of· Home Affairs, New Delhi, the Administrator of Goa. Daman and Secrefariat Administration and Coordination Division Piu is pleased to appoint Shri G. S. Patnaik,. lAS, as Dy. Coneelar, South (".lOa Sub';Division, Mar~o. . 2. Shri D. P. Anvekar, Additional Dy. Collector, Mal'gao, Notification shall stand relieved from the post of Dy. Collector, Margao w.e.f. the date Shri Patnatk takes over the charge of the No. 45-1-81-SA&C post. . The following intimation No. RN/82/3869-73 dated By order an.d in the name of the Administmtol' of Goa. 2-9-1982 received from Shri Jagmohan, former Lieutenant Daman and Diu. Governo:~ of Goa, -Daman and Diu is hereby published for information of general public. G. H. Mascarenhas, Under Secretary (Personnel). J08e Philip, Joint Secretary. Panaji, 16th September, 1982. Panaji, 18th September, 1982.
Order I, Jag.nohan; hereby demit -the office of the Lt. Governor No. 3/7/77-PER(Vol.II-Part II) of Goa, Daman and Diu and Administrator of Union Terri Shri B. S. Nipanikar, Grade II Officer of Goa, Daman tory of Dadra and Nagar Haveli with effect from 2nd and Diu Civil Service, presently functioning as Exhibition September, 1982 (Forenoon). Officer, Directorate of Industries and Mines, Panaji is hereby No. RN/82/3869-73 transferred and posted as A.sstt. Manager, ,Printing and Sd/ Stationery, with immediate effect. (Jagmohan) By order and in the name of the Administrator of Goa, Daman and Diu. Dated 2-9-1982 a. H. Mascarenha-s, Under Secretary (Personnel). panaji, 18th September, 1982. ... Home Department (General) Order No. 19/19/82-PER Notification Consequent upon selection of Shri· M. P. Tyagi, Grade I No. 4/10/82-HD(G) Officer of Goa, Daman and Diu Civil Service. presently on deputation to Kadamba Transport Corporation, as Managing Whereas in the Meeting of the National Development Director, for the ten month P. G. Diploma in Transport and Council held on 14-3-1982, setting up of a high level committee Development at the Polytechnic of Central London, com to review the working of Road Transport Corporations in mencing from 29th September, 1982, the Administrator of each State and take effective measures for their improve Goa, Daman and Diu is ,pleased to appoint Shri J. P. ment, was suggested; Singh, lAS, presently functioning as Collector, Goa, as the And whereas, Government of Goa, Daman and Diu after Managing" Director, Kadamba Transport Corporation, in having considered the suggestion has decided to accept it. addition to his oWn duties during the training period of Shri Tyagi. Now therefore, Government is pleased to appoint a. com mittee comprising of the follOWing officials:- 2. The Administrator of Goa, Daman and Diu is further pleased to appoint 8hri Pradip Mehra, lAS, presently on 1. T.ne Chief Secretary - Chairman. deputation as Managing Director of Goa, Daman and Diu 2. The Secretary (Finance) -- Member. 342 SERIES II No. 26
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3. The Registrar of Co~operative Societies, Pana.ji ~ Other conditions of his service will be governed by the Member. relevant rules and orders .issued by the, Central Gove~nment 4. The Managing Director, Goa Tourism Development on this behalf from time to tiine. Corporation, Panaji - Member. His appoint::nent is subject to the condition that in case 5. Th~ Under Secretary (Home) - Member Secretary. he is found to be having bad character/reputation or antece dent his servkes will be terminated.· The eoinmittee shall periodically review the working of Kadamba Transport Corporation Limited, Panaji and suggest By order and in the name of the Adlninistrator of Goa, measures for its improvement. Daman and Diu.· , By order and in the name of the Administrator of Goa, L. J. Menezes Pais, Under Secretary, Government of Goa, Daman and Diu. Daman and Diu. S. M. Naik, Under Secretary (Home). Panaji, 15th September, 1982. Panaji, 8th September~ 1982. ... local Administration and Welfare Department Order Office o·F the Registrar of Cooperative Societies No. 2/54/80-HD (G) No. 19-3-BO-ARSZ-Service/4289 The Govermnent of Goa, Daman ~d Diu is pleased to constitute the below mentioned two committees one each for Read: 1) This office order No. RCS/ARCS/SZ/SQVKSS/ North Division Goa and South Division Goa consisting of the 5/5622/81 dated 13-2-1981 ordering superses following to review the progress of pending cases in various sion of the Managing COmmittee of the South Quepem V.K.S.S. SOCiety Ltd., in terms of Courts to identify the reasons of such pendency and to suggest Section 78(1) of the Maharashtra Co--op. So remedial measures thereunder: ---. " cieties Act, 1960 as applied to the Union Terri tory of Goa, DaJ?:1an and Diu, read with N oTth Goa Division: Rule 61(2) of the Co-op. Societies Rules 1962, (I) District and Sessions Judge, Panaji - Chairman. and appointing Shri U. P. Gaonkar, Jr. Ins pector Coop. Societies, South Zone Margao as (2) Chief Judicial Magistrate, Panaji-Member Administrator of the said -society. (3) Additional District Magistrate, Goa, Panaji-Member. 2) Order No. 3-1-81/EST dated 30-4-1982 from (4) Public Prosecutor, Goa North Division, Panaji the Registrar of CO-op. SOCieties ordering ---. Member. transfer of Shri U. P. Gaonkar Jr. Inspector (5) Superintendent of Police, Panaji - Member Secre CO-op. SOCieties, South Zone Margao to Panaji. tary. 3) Letter dated 1-6-1982 from Shri U. P. Gaonkar, South Goa Division: Jr. Inspector Co-op. g-ocieties (Headquarters) Panaji requesting thereunder to appoint a new (1) District and Sessions Judge, Salcete, Margao Administrator of the aforesaid society in view ---. Chairman. • of his transfer to Panaji. (2) Chief Judicial Magistrate, Margao, Goa - Member. (3) Additional District Magistrate, Goa, Panaji-Member. Order (4) Public-Prosecutor, Margao, Salcete, Goa-Member. In exercise of the pow.ers vested in me under Section 78(1) (5) Superintendent of Police, Panaji - Member Secre- of the Maha1:ashtra Cooperative Societies Act, 1960 as ap tary. plied to the Union T.erritory of Goa, DapIan and -Diu, read with Rule 61(2) of the CO-operative Societies Rules 1962, I, 2. Sitting of the Committees shall be held at least _once A. Venkataratnam, Registrar of Co-op.erative Societies, Goa, in a quarter and its recommendations/suggestions shall be Daman and Diu, hereby extend the period 'of the Adminis .submitted to the ~vernment in the Home Department, Sec trator of the aforesaid society for a period of .one year with retariat, Panaji. retrospective effect from 13-2-1982. By order and in the name of the Administrator of Goa, FUrther, in partial modification to the Order cited at Daman and Diu. Sr. No.1 ab)v.e, I hereby appoint Shri A~ N. Naik, Special Recovery OfHcer, Margao as Administrator to manage the S. 31. Naik) Under Secretary (Home). affairs of th~ said society in place of Shri U. P. Gaonkar, Panaji, 14th September, 1982. with inunediate effect.
A. Venkat(;~ratnarn, Registrar of Co-op. Societies. Panaji, 10th August, 1982.
Works, Education and Tourism Department Notification
In exercise, of the powers vested in me under section 9 (1) Order of the Maharashtra Cooperative Societies Act, 1960 a.s applied to the Union. Territory of Goa, Daman and Diu, Navdeep No. 12/7/78-WET II Co-operative Housing Society Ltd., Margao, is registered On the recommendations of Union Public Service Com under No. HSG~(b)~99/Goa. mission Shri Aftab Ahmed Siddigui is hereby appointed to J. X. Wan;e, Dy. Registrar of Coop. SOCieties. officiate in th,e post of Lecturer in Mechanical Engineering in the College of Engineering, Goa with effect from Panaji, 16'':h August, 1982. 6-9-1982 (F. N.). Certificate of Registration The appointment is temporary and will be on probation for a period of two years. Navdeep Co-operative Housing Society Ltd., Margao has ·been registered on 16th August, 1982 and it bears registra ;rhe scale of pay of the post is Rs. 700-40-900-EB-40-1100- tion No. HSG-(b)-99/Goa and it is classified as Housing -50-1300 and his initial pay will be fixed according to rules Society under sub-classification No. 5(b)-Tenant Co-part· as recommended by the Union Public Service Commission nership in tenus of Rule 9 of the CO-operative Societies vide their letter No. F.1/149/82-RG dated 22-7-82. Rules 1962, :eor the Union Territory of Goa, Daman and Diu. He will be entitled for grant of dearness and house rent J. X. WalTc6, Dy. Registrar of COop. SOCieties. allowance as admissible to the employees of this Adminis tration. Panaji, 16th August, 1982. 23RD SEPTEMBER, 1982 (ASVINA 1,1904) 343 , Notification No. 7-41-70/ARSZ-LQD/4242
L' exercise of the' powen=.; ve.<;ted in me under section 9(1) Read: 'rhis offi.ce order No. ~PRD-(a)-7/Goa/LQD/73. of tile Maharashtra Cooperative Societies Act, 1960, as applled datnd 12-2-1975 appointing Shri V. H.. Ghaisas, Jr. to the Union Territory. of Goa, Daman and DiU, Vasundhar.a t.", • Audtor, Coop. Societies, Margao, as liquidator of Co~operative Housing Society Ltd., Panaji is registered under Margao Charmkar Kamgar Sahakari Society Ltd., N,," HSG-(b)100/Goa. l\1a.l'gao. \
}. x. 'Wal-ke~ Dy~ Registrar of Coop. Societies. Ordel
?:"naji", 17th August, 1982. . . In particl rr:odificaUon of tbis office order at Sr. No~ 1 r:bo~-e. Shri C. G._ Kon..'luri,. Special Recovery Officer. Coop. Certificate of Registration J?(';c~etles, South Zone, Margao is here by appointed as .Jiqui P-:l~01:'" Char~kar .V~l.S1.ll1dllara Co-op.,Iiousing St?ciety Ltd., Patlaji has been of the Margao Kamgar Saha.1{ari Society registered on 17-8-1982 'and it bears regIstration 1'\'0. HSG-(b} ,l..-td ... Margao in place of Shri V. R. Ghuisas, with immediate -lOC/Goa and it is 'classified as Housing Society under' Sub" effect. -classification No. 5(b)-Tenant Ownership in terms of Rule 9 of Co-cpo Societies Rules, 1960 for the Union Territory of Y. S. Mo,nerikar, Asstt. Registrar of Coop. SOCieties, South GNl.. Daman and Diu. Zone. .(, X. Walke, Dy. Registrar of Coop. Societies. M.al'gao, 6th August, 1982. Panaji, i 7th August, 1982.
-"-.---.~~-- No. 7-S-78/.ARSZ-LQD-4243/82
Office of the AssH. Registrar of Cooperative Societies Read: Tllis Office Order No. ARCS/SZ/RE8-(c)-148/Goaj LQD177 dated 28-9-79 appointing Shd U. P. Gaonkar, No. 7"25-77/ARSZ/4146/82 Jr.. lnspector, Coop; "'Societies,_ as Liquidator of Bhumi Read: This office Order No. ARCS/SZ-RSR-II/CONS-5/ purush V. J:(. S. S. Society Ltd., Fatm'Pu, Quepem~Goa. /2042/79 dated 16-10-1979 appointing Shri U. P. Talau likar, Sr. Inspector, Coop. Societies, South. Zone, Order Margao as Liquidator of Shri Damodar Vidhyalaya Students Cons. Coop. Society Ltd" Margao-Goa. In partial modification of this office order cited above Shri. C. G. Konnuri, Special Recovery Of-ficer, Coop.- Societies: Order South Zon e, Mal'gao, is her~by appointed as liquidator of Bhumipul'ush V. K. S. S. Society Ltd., Fatorpa, Que;pem in Tn paJ..'tial modification to this office Order- mentioned above place of 8.)ri. U. P. Gaonkar, wiUl immediate .effect. i Shti p, M. Naik, Jr. Inspector, Coop. Societies. South Zone, Maxgao is appointed as Liquidator of Shri Damodar Vidhya Y. S. llIml.6rikar) Asstt. Registrar of Coop. Societies, South laya Students Cof.1S. Coop. Society Ltd., Margao in place of Zone. Shri U. P. Talaulikar with iinmediate effect. Margao, 6th August, 1982. Y. S. M({tnetikar, Asstt. Registrar of Coc-p. Societies, South Zone. Margao, 3OtlLJuIy, 1982. NO.7/1/75-TI'ans/ARNZ/82 , No. 7-4-79/ARSZ-LQD/4238 Read: This office order of even No~ dated 18th March, 1982 appointing Shri Ashok -N. Naik, Special Recovery nead: This office~order No. ARCS/SZ/RES-(c)-79/Goa/ Officer as the Liquidator of the North Goa State /LQD/79 dated 22-9-1979, appointing Shri U. P. Trarsport Coop. SOCiety Ltd., Mapusa. Gaonkar, Jr. Inspector, Coop. Societies, South Zone, Margao, as a Uquidato:r of Kakoda V.K.S.S. SOCiety Order Ltd., Kakoda, Quepem. . 'In partia..l modification of this office order referred to Order above, Shri D. Y. Gawas, Jr. Inspector, Coop. Societies, North Zone, Mapusa is her.eby appointed as I4quidator of North In partial modification to this office order cited' above Shri Goa State Transport Coop. Society Ltd., Mapusa in' place A. I\T. Naik, Special ,Recovery Officer, Coop._ SOCieties, South of Shri AS]10k N. Naik, Special Recovery Officer with effect Zone, Margao, is hereby appointed as liquidMor of Kakoda from the ·da.te of taking over the charge o~ .aforesaid 's,?Ciety~ V.K.S.S. SOCiety Ltd., Kakoda/ Quepem in place of Sh"ri U. P. Gaonkar, with immediate effect. D. V, Sathe, Asstt. Registrar of Coop. Societies, NOl·th Zone. Y. S. Maneri-kar, Asstt. Registrar of Goop. Societies, South Zone. Mapusa, 6th August, 1982. Mpxgao, 6th August, 1982.
No. 7-23-73/ARSZ/4274/82 No.7-47-75/ARSZ/LQD/4275/82 Read: This Office Order No. RSR-II-CON8-53/73 dated Reai:i: This Office Order No. ARCS/SZ/RCS/AR(III)/ 29-6-77 appointing Shri S. V. I{aIe, Jr>Auditor, Coop. /HSG/38/79 dated 27-10-1979 appointing Shd U. P. Societies Sanguem as Liquidator of the Composite Gaonkar, Jr. I:n.spector, Coop.: Societies, South Zone, Livelltock Farm Statf Cons. Coop. SOCiety, Ltd., Dhat Margao as liquidator of Railwaymen's House Building MolIem. Coop-. SOCiety Ltd., Sanvordem.
Order Order In pru:tial modification of this Office Order referred to In parti~~l modifica;tion of ~this Office Order cited above above Shri Alvaro Silva, Jr. Inspector, Coop. Societies, South Shri P. M. Naik, Jr. Inspector, Coop. SOCieties,' South Zone Zone, Margao is hereby appointed as Liquidator of Rail Margao is hereby appointed as Liquidator of Composit~ wa.yrnen's House Building Coop. Society Ltd.; SanYordem in Livestock P,mn Staff Cons. Coop. Society Ltd., Dhat Mollem place of Shri U. P. Gaonkar, with immediate effect. in place of Shti S. V. Kale, with immediate effect. Y. S. Maneriakr, Asstt: Registrar of-COop._ Societies, South :y. S. Manerikm'~ Asstt. Registrar of Coop. SOCieties, South. . Zone. ,':\. Zone.
~. Margao, 6th August, 1982. Margao, 7th August, 1982. 344 SERIES II 1:1'0. 26'
No. 7/2/66-TRANSPORT/ARNZ/82 No. 7-8-76/ARSZ-LQD/4372 "'l\',11 ,,/ Rea.d: This offieop. Societies, South Zone, Margao ~iquidation and Shl'i Ashok N. Naik appointing as as_ Liquidator of Malkarne, V.K.S.S. Society L~d.: the Liquidator. Quepem. . Order Orde, In partial mXUfication to this office order cited above Shri M. V. Nalk, Junior Inspector, Coop. Societies. South In partial modification of this office order referre4 to Zone, Maxgao-Goa, is hereby appointed as liquidator of MaI above, Sh1'1 D. Y. Gawas, Jr. Inspector, Coop. Sooieties, Ii'prth ka.me V.K.S.S. SOCiety Ltd., Malkarne, Quepem in place of Zone, "Mapusa is --hereby appointed as the Liquidator of the Shri U. P. Gaonkar, with immediate effect. Goa Goods Transpolt Coop. Society Ltd" Ma:pusa in place of 8111'i Ashok N. Naik with effect from the date of taki.ng Y. S. Manerikar, Asstt. Registrar of Coop. Societies, South over the charge of the society. Zone. Margao, 13th August, 1982. D. v. Sathe~ Asstt. RegIstrar of 'COop. Societies, North Zone. Notification Mapusa, 9th August, 1982. In exercise of the powers vested in me under section 9(1) of the Mahanshtra Cooperative SOCieties Act, 1960,' as applied to the Union Territory of Goa, Daman and Diu, The No. 7-5-75/ARSZ-LQD-4373 ., Goan Overs~. __ Association ConswneTS Cooperative Society t;td., Mapusa,-:Bardez is registered under code symhol Read: This Office Order No. RES-(c)-188/Goa/LQD/79 No. CON-6/NZ/Goa. dated 15,9-197~ appointing ~hri U. P. Gaonkar, Jr. Insp_ector, Coop. Societies, SOuth Zone, Margao as li D. V. Sathe, Asstt. Registrar of Coop. Societies, North quidator of J;Tovincia de, Balli V. K. S. S. Society Ltd., Zone. Cavorelll:-Quepem. M)1pusa, 10th August, 1982.
Order Notification In partial modific~tion of this office order referred to above Shri M. V. Naik, Junior Inspector, COOp., Societies, South In' exercise (of the powers vested in me under section 9(1) Zone, }.[arga~ is hereby -appointed as liquidator of Provincia of the Maharas htra Cooperative Societies Act, 1960 as applied -de! Balli V. K. S. S. Society Ltd., Cavorem~Quepem in place to the Union Territory of Goa, Daman and Diu, Diwar Trans. of Shri U. P. Gaonkar, with immediate effect. port Cooperatbe Society Ltd., Diwar is registered under code symhol No. ARCS/CZ/9/(b)/3/Goa. Manerikar Y. B. 7 Asstt. Registrar of Coop. Societies, South '- V. G. Patil, Asstt. Registrar of Coo-po Societies, Central Zone. Zone. Margao, 13th August, 1982. ... Panaji, 20th August, 1982 . Revenue Department 3. If the G:>vernment is satisfied that the said land is needed for the aforesaid purpose, a declaration to that effect under Section 6 of the said Act will be published in the Notification Official Gazette, in due course. If the acquisition is abandoned wholly or in rart, the fact will be notified. N<>. RD/LQN/320/78 Whereas it appear.s to the Appropria.te Government (here 4. The Government is further pleased to appoint under inafter referred to as "the Government") that the land speci~ clause (0) of Bection 3 of the said Act the Deputy CoHector, fied in the schedule hereto (hereinafter referred to as the Goa South Division, Margan, to perfOI1il, the functions of a '. "said land") is likely, to be needed for public purpose viz. Collector unde:l' the said Act in respect. of the said land. ) Widening of approach road to Ponda Market Sub-Yard. Therefore the Government is pleased to notif¥_ un'der sub~ 5. The Gqvernment is also pleased to authorise under -section (i) of Section 4 of the Land Acquisitidn Act, 1894 sub-section (2) of Section (4) of the said Act, the following (hereinafter referred to as the "said Act") that the said land officers to do the acts, specified therein in. respect of the is likely to be needed for the purpose specified above. said land. 2. All :persons interested in the said land are hereby warned 1. The Collector of 'Goa, Panaji. not to obstruct or interfere with any surveyor or other persons employed upon the, said land for the purpose of the 2.. The Dy. Collector (South), Panaji. said ac(;uisition. Any cont:r2.cts for the disposal of the said 3. The E:cecutive Engineer, Works Division II (R &B), land by sale, mortgage, assignment, exchange or otherwise, P.W.D.. Panaji. or any outlay commer-ced or improvements made thereon 4. Dir-ecto!' without the sanction of the Collector appointed in para~ The of Land Survey, panaji. graph ~. below, after the date of the publication of this Notification, will under clause (seventh) of Section 24 of 6. A rough :,)bn of the sald la..lld is avatlable fm" inspectIon the saiel Act, be disregaTded by him while assessing comw in the office ::>f the Deputy Collector, Goa South Division, pensation for such parts of the said land as may be finally l\ Approximate Sr. No. Taluka Village/Ward Plot No. Survey No. Names of the persons belie>::ed to be interested area in sq. mts. ? 1 2 4 5 6 7 Ponda 1 Shri Topsi Topan & Sons p. B. No. 121 Panaji. North: P.W.D. Hood. South: Rupsi Topan & Sons. East: D. M. Patel. West: Rupsi Tops.tt & Sons, 386.97 23RD SEPTEMBER, 1982 (ASVINA 1,1904) 1 2 3 4 5 6 7 2. Ponda 2 President. St. Ann's Church. North: St. Ann's Church. South' P.W.D. Road. East: Nalla. West: P;'lJV.D. Road. 302.00 3. -do- 3 Shri D. M. Patel, Nirancal Road, Ponda. North: P.W.D. Road. South: D. M. Patel. East: Madu Gobre. West: Rupsi Topan. 100.00 4. -do---- 4 Shri Madu Gahra, Near Health Centre Ponda. North: P.W.D. Road. South: Madu Gobra. East: Domingos Agnela Fernandes, 50.00 'West: D •.M. Patel. 5. -do- 5 Shri Shaik Babar, Shaik Mohamad Durgabhat, Ponda. . North: Sh:Uk Babar. Shaik Mohamad. South: P.W.D. East: Shalk Babar. Shaik Mohamad. West: St. Arm's Church. 277.20 6. -do- Shti Domingo,s AgneIa Fernandes Nirancal Road) Ponda. NorUl: P.WD. Road. South: Domingos Agnel Fernandes. East: H. P. Gudekar. West: 'Macly Gobra. 65.00 7. -do- 7 Shli H. P. Gudekar, ~dvocate Near Court, Ponda. North: P.vv.D. Road. South: H. P. Gudekar. East: Sha:ltaram Anant Netalkar. 188.50 West: Domingos Agnelo Fernandes. 8. ---' do- 8 0: Shri Shaikh Babar and Shri Shaikh Mohammad • 70.00 . Durgabhat, Ponda. Bou:-ularies: North: Sh!tikh Babar. Shaikh Mohammad. South: P.W.D. Road. East: Rarr.nath Narayan Prabhu. West: Shaikh Babar. Shaikh Mohanunad. 9. -do- 9 0: Shri Shantaram Anant Netalkar, Near Maha 288.00 lasa Templf~, Mardol, Ponda. BO'Ui1itarieS: North: P.W.D. Road. South: Shantaram Anant Netalkar. East: Ramchandra Tucaram Ptabhu. West: H. P. Gudekar• 10. -dQ.- 10 .0: Shri Ramna.th Narayan Prabhu C/o S. V. Ar 78.75 shekar Durgabhat, Ponda. Boumlal'ie8: North: Ramnath Narayan Pra'bhu. South: P.V'T.D. Road. East: JaYE.ram Jaganath Verenkar. \Vest: Sha.:kh Babar Shaikh Mohammad. E. -do- 11 0: Shri Jaya:?°zID Jaganath Ven;nkar;' Vijay Saw 94.50 Mill Nirancal road Ponda. Bouada.·rW8: North: Ja~'aran"';. Jaganath Verer.kar. South: P.Vi/.D. Road. East: Francisco Ange Xavier D'Silva. West: Ram anath Narayan Prabhu. 12. 12 Shri Rv..mchancira Tukara..>n Prabhu. .38.97 C/Q. Vijaya Sa'.v Mill NiranCaJ road Ponda. North: P.W.D. Road. South: Rama.chandra. 'I'ukaram Prabhu. East: Soiru Ramchandra Naik Gaunekar. West: Shantaram Anant Netalkar. 13. -do- 13 Shri Francisco Xavier D'Silva Near St. Ana Church 160.00 road. North: Francisco Hugo Xavier D'Silva. South:· P.WD. Road. East: Ramachandra Tukaram Prabhu. West: Jayo.ram Jagannath Verenkat'. SERIES II No.. 26 1 2 3 4 6 6 7 14. Ponda 14 SM Ramchandra 'I'ukaram Prabhu. 42.75 C/o. Vijaya Saw Mill Nil'ancal road Ponda. North: Ramchandra Tukaram Prabhu. South: P.W.D. Hood. East: Caitano Fernandes. \Vest: Francisco Hugo Xavier" D'Silva. In. -do":- SM caitano Fernandes. 47.20 C/o. Jose Dias, Nec~ St. Ana.s Church Ponda....Goa. North: Qaitano Fernan.des. South: P.W.D. Road. Ea.st: Ratnakar R. Gudekar. West: Ramchalldra Tukaram Prabhu. 16. -do- 16 Shri Ratnakar R. Gudekar. 49.50 Ruprang Studio Ponda-Goa. North: Ratnalmr R. Gudekar. South: P.W.D. Road. Ea.st: Prabhat J3alchandra Usgaonkar. West: Caitano :B'ernandes. 17. -do- 17 SM Prabhat Balchandra Usgaonkar. 45.00 Nirancal road PondElt. North: Prabhat Ramchandra Usgaonkar. South: P.W.D. Road. East: Private Ftoadr . West: Ratnakr R. Gudekar. 18. -do- 18 Shri Francisco Hugo Xavier D'Silva. 82.5!} Near st. Ann's Chuch Ponda. North: Francisco Hugo Xavier D'Silva. South: P.W.D. :Road. Eaat: Nalla. West: PrIvate Road. 19. -do-. 19: Shri Soiru Ramcha:n.dra Naik GaWlekar. 220.87 Near Almeida Higt SChool Ponda. North: P.W.D. Road. , South: Soiru H.amchandra Naik Gaunekar. East: Public P'3.SSage. West: Ramchandra Tukaram Prabhll. Total ...... 2909.08 By order and in the name of the Lt. Governor of Goa, Daman and Diu. L. J. Meneoos Pais, 'Under secretary (Revenue-I). Pa.aa.j~ 10th September, :1982. Notification under clause (seventh) of Section 24 of the said Act, be disregarded hy him while assessing compensation for such No. 22/100/82-RD parts of the Baid land as may be finally acquired. Whereas it appears to the Appropriate Government (here 3. If the Government is satisfied that the said land is inafter referred to as ~'the Government") that the land speci needed for tYe aforesaiq. purpose, a declaration to that effect: fied in the schedule hereto (hereinafter referred to as the under Sectto.:! 6 of the said Act will be published in the "said land") is likely to be .needed for public purpose viz. Official Gazette, in due course. If the acquisition is abando ior raLing Cashew Plantation at Bali, Quepem. ned wholly OJ· in part, the fact will be notified. And Vlhereas in the opinion of the Government the pro 4. The Government is further pleased to appoint lli'1der visions of sub-section (1) of Section 17 of the Land Acqui clause (c) 0:: Section 3 of the said Act the Dy. Collector sition Act. 1894 (hereill..aiter referr-W. to the "said Act") are (Land Acqui:!ition Officer), Panaji to perform the functions applicable. of a Collecto;: under the said Act in respect .of the said land. Therefore the Government is pleased to notify under sub~ -sectio!l (1) of Section 4 of the Land Acquisition Act, 1894 5. The Government is also pleased to authorise under sub (hereinafter referred to as the "said Act") that the said -section (2) of Section (4) of the said Act, the following officers do the acts, specified therein in respect of the land is likely to be needed for the purpose specified above. to said land. The Goverrunent is pleased under sub-section (4) to direct 1. The Collector of Goa, Panaji. of Section 17 of said Act that the provisions of Section 5A of th.e said Act shall not apply in respect of the said land. 2. The Dy. Colleetor (Land Acquisition Officer), Panaji. 2. All persons interested in the said land are hereby warned ~. The :oy. Conservator qf Fore~t, Cashew Division, not to obstruct or interfere with any surveyors 01' .other per Ponde,. sons employed upon the said land f.ot' the purpose of the said 4. The Director of Land Survey. Panaji-. acquisition. Any contracts for the disposal .of the said land by sale, IBase, mortgage, assignment, exchange or otherwise or 6. A rough plan of the said land is_ available for inspection &'>ly outlay commenced .or improvement made thereon without in the offiCI' of the Deputy Collector (Land Acquisition the sanction of the Collector app:>inted in pamgraph 4 below. Officer) Panaji from the date of publication of this Notifi~ after the date .of the public_ation of this: Notification, will cation. / 23RD SEPTEMBER, 1982 (ASVINA 1,1904) 347 SCHEDULE (Description of the said landj Names ·)f the persons believed Approximate Sr. No. 'j a;ulcu Surv<.:) No. to be interested area in sq. mts. 4 6 7 Quepem Bali 100 (Part) Comunidad. of Bali. 111000.00 BCJ1InIiao'ie8: North: Village Boundary of Cuncolim. South: Surv.ey No. 100. East: Village Boundary of Adnem village. West: Surv"y No. 100. Total ... :...... 111000.00 By ordel' and in the name of the Lt. GO'/ei'Eoc of Goa, Daman and Diu. L. J. Menezes Pais, Under Secretary (RevenuepI). Panaji, 31st August, 1982. Notification such acquisition or in connection with any litigation arising out of :>uch acquisition within the Original or Appellate No. RD/LQN/22/78 Courts Lnd including the costs on account of any establish The following Agreement which has been executed bl!tween ment ar:.d salary of any officer or officers of the Govern ment whom the Government may think it necessary to the Goa Shipyard Ltd. Vasco-da-Gama and the Government of employ or depute on special duty for the purpose of such Goa, Daman and Diu under Section 41 of the Land Acquisition acquisition and also including the percentage charges Act, 1894 is hereby published as required under S,ection 42 of on the total amount of compensation awarded in accor the said Act. dance with the instructions issued by the Government By order and in the name of the Administrator of Goa, from time to time. The money which shall be payable by Daman and Diu. the Company under this clause shall be paid by the Com pany by making initial deposit with the Office of the L. J. Menezes Pais, Under Secretary (RevwI). Collecto,(' of Goa District, free of interest in the sum of Rs. 1,000/- (Rupees One Thousand only) within fifteen days Panaji, 15th September, 1982. from the date of the execution of this Agreement and there after by payment in the said Office of Collector of Goa District, within fifteen days after demand made by the AGREEMENT Collector of Goa District, in writing, such further amount as may be required for the purpose of paying or disbursing An Agreement made this tenth day of the month of Sep tember, One Thousand Nine Hundred and Eighty Two comperu;ation, damages, costs, charges or expelJSes herein BETWEEN the President of India '(hereinafter referred to before referred to: In any case of urgency, when possession as "the Government") of the ONE PART AND the Goa of any land is proposed to be taken under section 17 of the Shipyard Limited, yasco da Gama, Goa, a Company regis..: said Act before an Award has been made under section 11 tered under the Companies Act, 1956, having their Registered of the s3.id Act, the Company shall deposit with the Office Office at Vasco da Gama, and represented by its Managing of the Collector of Goa District, free - of interest such Director, Rear Admiral L. R. Metha, AVSM, (hereinafter amount being not more than two thirds of the approximate called the "Company" which expression shall where the con amount of compensation payable in respect of the land as text so admit be deemed to include its successors and per determined under clause (ii) of sub-rule (2) of rule 4 of mitted assigns) of the SECOND PART. the Land Acquisition (Companies) Rules, 1963 and within such time as the Collector of Goa District thinks fit, to ~A.LND WHEREAS the Company. has applied to the Govern specify in this behalf. ment that the land specified in the Schedule annexed hereto 2. If the Company fails to pay to the Government the (hereinafter referred to as the 'said Land') should be ac entire cost of acquisition, as referred to above, within the quired under the provisions of the Land Acquisition Act, above ~aid period, the Government shall be entitled to 1894 (Act No. 1 of 1894) (hereinafter referred to as the recover the same from the Company as arrears of land 'said Act') for the public purposes, namely for expansion of revenue as if it were moneys due to the Government under Ship-Building activities and allied matters; the lawli for the time being in force. AND WHEREAS upon the application of the Company, the 3. On payment of the entire cost of the acquisition of Government have agreed to acquire on behalf of the Company the said land, as hereinafter referred to, the whole of the under the provisions of the said Act the land specified in said land shall, as soon as it may be convenient, be trans~ the Schedule annexed hereto and situated in Vasco-da~Ga1na ferred to the Company subject to the provisions of the law village Taluka of Mermugao District of Goa, having been for the time being in force, as to the terms and condi shown to the satisfaction of the Government that the pro tions on which the land shall be held by the Company. The posed acquisition is needed for the construct~on of a work Government shall not be bound to give possession of likely to be proved useful to the public, namely for expan~ the land until all the moneys have been paid and may sian of ship building activities and allied matters; withdraw from the acquisition, and in case of withdrawal, the company shall be liable to indemnify the Government AND _WHEREAS the Goverrunent have called upon the against all expenses incurred and damages sustained as a Company -tinder the provisions of section 41 of the s-aid Act to result of anything done by them in the matter of acquIsi ent~r jnto the Agreement 'With the Government her.einafter tion till the date of withdrawal. contained. 4. T}:.e said land, when so transferred to the Company, NOW, THESE PRESENTS WITNESS and it is hereby shall bE: held by the Company as its property to be used agreed that the Government shall put'lnto force the -provi only in furtherance of and for the purpose for which it sions of the said Act in order to acquire the land for the is acquired, subject to the payment of the assessments Company on the following terms and conditi6ns, namely:..:- and cesses of the said land which may from time to time be liable to such assessments and cesses under the provi 1. The Company shall pay to the Government the entire sions of any laws for the time being in force. cost, as determined by the Government for the acquisition of the said land, including all compensation, damages, costs, 5. (i) The Company shall not, except with the, previous charges and other expenses, whatsoever which- have-been sanction of the Government, use the said -land for any or may be paid or incurred in respect of or on account of purpose other than that for which it has been acquired; 348 SJ!JRlFJS II No. 26 (il) That the purpose of the acquisition is to acquire portion shall be refunded to the Company and the order the land for expansion 'of ship building and allied activities so made shall be final and binding. of the Company. 10. In ,~ase there is any dispute with regard to the 6. The Company shall at all times permit the Govern amount relatable to the unut1l1sed portion of the land. ment or any officer or officers authorised by the Govern such dispute shall be referred to the Court, within whose ment in that behalf, to inspect the said land and any jurisdiction the land or any part thereof is situated and works of the Company on or upon the said land whether the decision of that Court thereon shall be final and in the' course of construction or otherwise. binding on the parties to these Agreements. PROVIDED that the Government shall not make an T., ~.~ .<;ompany shall not in any way alienate the said order as aforesaid, urness the Comp?-ny has been given an lanti or any portion thereof except with· the previous opportunity of being heard by notice of the breach permission in writing of the Government. complained of, and the Company has failed to make good the breach or to comply with any direction issued by S. If the· Company commits a breach of any of' the the Gover:'lment in this behalf, within the time specified in conditions stipulated in this Agree.ntent, ·the Government· the said n.otice for compliance thereof. may make an order declaring the transfer of the land to the. Company as null and void. 'whereupon the said 11. If at' any time any part of the said land iH required acquil1Kl' land shall revert back to the Government and by the Goverrunent for the purpose of making any new an amount not exceeding one-fourth of the amount paid public road or for any purpose connected with public by the COmpany to the Government as the cost of health, safety, utility or .necessity, the Company on being thereupon required by the Government in writing, shall acquisition under clause (1) of section 41 of the said Act, shall be forfeited to the Government as damages and transfer to the Government such part of the said land as the Government shall specify to be necessary for any of the balance shall be refunded to the Company and the order so made shall be final and binding. the aforesaid purpose, and in consideration of such transfer. the G Approx. Tatuka Village PTS No. ChaltaNo. Naw(, of the perscns believed to 00 interested area in sq. mts. 1 2 3 4 5 6 J![onnugao Vasco da 18 4 Part 0: Virginia S. l~ernanema:<1des. 3. Jose A. X. Rosario. L: Smt. Yamuna Naik. 00025.00 0: Virginia S. lre=an_ 00061.00 2. Oscar Fernandes. 3. Joss A. X. Rosario. L: Anand Kuneolenkar. 6 0: Virginia S. i!'ernandes. 00026.00 2. Oscar Ferna;1>Cles. 3. J OS0 A. X. Hosario. L: Not known. 8 0: Virginia S. Fernandes. 00038.00 2. OscaL' Fernanae::... 3. Jose A. X. Hosarlo. L: Babu Shirodkar. 9 0: Virginia S. :~ernandes. 00086.0& 2. Jose A. X. Rosario. 3. Oscar Fernandes. L : Not known. 23RD SEPTEMBER, 198il (A.8VINA. 1, 1904) 349 , ~ ,.; ~ '~.,-. <. 1 2 3 • 5 • Mormugao Vasco da 11 0: Virginia S. Fernandes. 00055.00 Gem" 2. Oscar Fernandes. 3. Jose A. X. Rosario. L: Chandrakant Narvenkar. 13 0: Virginia S. Fema.ndes. 00129.00 2. Oscar Ferna.ndes. 3. Jose A. X. _Rosario. L: Almeida. 14 0: Virginia S. Fernandtls. 00027.00 2. Oscar Fernandes. 3, Jose A. X. Rosario. L: Harishchandra N. Naik. 15 0: Virginia S. Fernandtls. 00085.00 2. Oscar b'ernandes. 3. Jose A. X. Rosario. L: Roque Fernandes. 16 0: Virginia S. Fernandes. 00040.00 2. Dscm.' Fern lnde:s. 3. Jose A. X. Rosario. 17 0: Virginia S. Fernandes. 00056.00 2. Osc Total ...... 3.2500.00 IN WITNESS WHEREOF the parties hereto have hereunto set their resJ'"Ctlve hands the day and year first above written. . SIGNED, SEALED AND DELIVERED I BY THE MANAGING DIRECTOR OF GOA SHIPYARD LIMITED. Vasco da Gamo, Goa REAR ADMIRAL L. R. r MEHTA. AVSM, FOR AND ON BEHALF Sd/- OF GOA SHIPYARD LIMITED VASCO DA GAMA, GOA. ; In the presence of: - 1 ... Sd/- \ 2 ... Sd/- SIGNED, SEALED AND DELIVERED BY SHRI BANS! DHAR SECRETARY TO THE GOVERNMENT OF GOA, DA MAN & DID, REVENUE DEPART Sd/- MENT- FOR AND ON BBiHALF OF THE PRE SIDENT OF INDIA. In the presence of: 1 ... Sd/- 2 ... Sd/- 350 . BRIt/EB. II No. 26 Corrigendum No. 22/103/82-RD Read: Govermnent Notification No. 22/103/82-RD dated 19-8-82 published on pages 290 to 292 of Series II, No. 21 of Extraordinary Official Gazette dated 20-8-1982. In the above Government Notification, the Schedule appended thereto may be read as under: SCHEDULE Tuluka Village/Ward Survey No. Sub-DIY. No. Xa.me of tho ParLcs believed to be' interested Approx. area in P.T.B.No. /Chulta. No. --_._----- 1 • 2 3 • 5 6 Tiswadi Panaji 48 2 (Part) Shri Pur.§hottam Mukund Colvalkar. 422.00 Laxman Mukund Colvalkar. 48 1 (Part) Purushottam Mukuad Colvalkal'. 4234.00 Laxman lVrukund ColvaLlrar. 47 5 (Part) Jose de Andrade So'J.Za & others.. 8375.00 30 4 (Part) Smt; -Maria Aurelia Andrade 6198.00 Maria Lucilla Andrade. 60.00 30 1 Maria Aurelia Andrade. 5305.00 Maria Andrade. 30 2 Shri Jose de Andrade e Souza & others. 2567.00 30 3 Jose de Andrade e Bouza. 1337.00 Luis Andrade e Sc,uza. 29 1 Jose Andrade SQlli~a & others. 620.00 29 2 Jose'Luis Coelho E:,Velho. 4106.00 8A 2 -do- 250.00 2805.00 8 1 --do- 2555.00 6845.00 Tiswadi Morombi-o- 9 Shri Jose Luis Coelho e Velho. -Pequeno 87 (Part)_ Smt. Maria Aurela de Andrade. 5897.1)0 T: Caetano Rodrigues. 88 (Part) Comunidade of Morombi-o-pequeno. 239.00 89 (Part) Shri Jose Sales de Andrade e Souza. 5001.00 Francisco Sales de Andrade e Souza. Luis Sales de And'C'ade e Souza. 92 (Part) Jose Luis Coelho Velho. 106.00 T: Francisco Cabral:' 2940.00 60 (Part) Alelvio Mascarenhas. 1824.00 61 (Part) Monohan Hiru Naik Perulekar. 2189.00 _62 (Part) - Virgilio Velho. 9816.00 65 (Part) Bridilo Sapeco. 1390.00 66 (Part) 8hri Monahan Hirll Naik Perulekar. 711.00 83 l/Part Alilio des RemediE~s Furtado. 639.0tl -83 2/Patt Antonio de S. Terres. 436.00 83 3/Part Domingo Dias Sapeco. 515.00 84 (Part) J 1 2 -3 • 6 6 - Tlswadl Morombl.-o- 97 a/Par\: T: Estertlno Monteiro. -Grande 94' l/Part Pandurang Vernekar. 116.00 Yeshwant Verneltar. T: Pandurang Velvolkar. 94 2/part Pandurang- Vernekar. 112.00 Yeshwant Vernekar. T: Ramdas Volv'Jlkar. 94 3/Part Pandurang Vernekar. 249.00 . Yeshwant Vemekar. 94 4/Part Pandurang vernekar. 165.00 Yeshwant Vernelcar. T: Pand.urang Volvoikar. 94 5/Part Pandurang ·Vern(~kar. 125.00 Yeshwant Vernekar. T:. Ramdas Volvoikar. 94 6/part Pandurang Vernekar. 288.00 'Yeshwant Verneltar. 94 7/Part PandurEUlg Verntmar. 150;00- Yeshwant Verney.ar. T: Pandurang volvoikar. 94 8 Yeshwant Vernelmr. 158.00 Pandurang Vernekar. T: Ramdas volvoikar. 94 9 Pandurang Vernekar. 232.00 Yeshwant Vernel'..ar. -94 10 Pandurang Vernekar. 61.00 Yeshwant Vernelr.ar. T: Pandurang Volvoikar.. 94 11 pandurang vernekar. 52.00' Yeshwant Vernekar. T: Ramdas Volvoikar. 94 12/Part Pandurang VernE!kar. 1530.00 Yeshwant Vernekar. 94 13/Part pandurang Vernekar. 489.00 Yeshwant Vernekar. 94 14/Part Pandurang VernE-kar. 145.00 Yeshwant Vernekar. T: Pandurang Volvoikar. 93 2/Part Varela Cairo. 1170.00 93 l/Part -do- 602.00 91 (Part) Comunidade of },oCorombi-o-Grande. 938.00 97 5/Part Comunidade of Morombi·o-Grande. 487.00 T: Jovenalo CaId,mo. 115 2/Part Amelia Caldeiro. 663.00 Eufemlano Verglllio Vaz. 115 l/Part 245.00 115 5/Part 3.00 216 l/Part 873.00 Panajl-Clty 9 1 1287.00 4104.00 9 2 1802:00 47 4/Part 5124.00 8A 1 69.00 92.00 Tiswadl ]..[orombi·o- 93 (Part) 153.00 ·Pequeno 94 (Part) 2850.00 Tiswadi Morombi-o- 3!l (Part) 2 26.00 -Grande 40 (Part) 1 651.00 40/Part 2 31.00 63 (Part) 2624.00 92 (Part) 10 1038_00 Bounda1i1~8: North: ExistIng road leading from Panaji to Ribandar S Nos_ 94/1 to 7 (Part) 93/1 & 2 (part) 91 ,Part), 92/4 to 8 (Part) & 10 to 13 (Part), ',8 (Part), 79 (2 & 3) Part, 39/1, 2 & 3 (Part) of Morombi-o-Q.rande/Tiswadi. South: 2/PT< 48 (part), 1/PTS, 48 (Part) 5/PTS 47 (Part), 4/Pl'S 30/Pal'!, of Panaji City. S. N03. 88 (Part), 89 (Part) 92, (Part), 93 (Part), {14 (part) of Morombi-o-Pequeno/ /TiswadL I,. No. 60 (Part), 61 (Part), House 62/Part 63 (Part), 64/Part, 87/Part, 65/Part, 67/Part, 78/Part, 79/ 1 & 2, (Part), 40/1 & 2 (Part) 91/Part, 115/5, 1 &. 2 (Part), 116 (Part), of Morombi-o-Grande. East: S. No. 116 (Part), 91 (Part) of Morom hl-o-Grande. West:: Road, leading to the hus stand_ Total ...... 1,26,454.00 By order and in the name (}f the Lt. Governor (}f Goo., Daman and DI'L L. J. M~'I'U1Ze8 Pais, Und~r Secretary (Revenue~I). Panaji, 20th September, 1982. BERIES 11 No. 26 Industries and labour Department 3. In references No. 19 & 20, after claim statement was filed by the workman, the employer had to file its written statement. which it failed to do and also to remain present Order on the dates fixed and so the matte~ ·proceeded ex-parte and my Ld. Predecessor, Dr. Coelho, passed an ex-parte award No. 7/70/80-= on 18-6-80 directing the reinstatement of the workman. The employer then moved an application to justify his absence On _the ~ rocommendation of Departmental Promotiqn- Col;D. and get the ex-parte award set aside. This application, 'heard mittt~e Shri Benicio D'Souza Eremita. Worksh9P Superinten the other party, was granted by the' Tribunal by its order dent in the River Navigation Department, P.anaji, is ·hereby dated 1-7-81. confirmed in the post of Workshop Superintendent willi effect from 1-3-1981. The post was made permanent vide 4. In reference No. 21, after the pleadings of the parties. Government Order No. 1-428-71-lPD dated 19-5-1976. preliminary issues were framed by the Tribunal regarding the· This issues with the approval of Uni0J.l PUblic S~rvic~ fairness of the domestic inquiry held by the employer. which Commission conveyed vide their letter No. F.l/13(6)/82- were decided by my, order dated 3-3-1982 holding that the -AUII dated 27-8-1982. . domestic inquiry held by the employer was not fair and proper. After this order was announced, the employer applied By order and in the name of the Administrator of Goa. to the Tribunal for permission to lead evidence to prove Daman and Dip. mis~conduct of the workmen, which application, heard the S. D. Sadhlile, Under Secretary (Industries and- Labour). other party, was granted by order dated 28-7-82. Panaji, 16th September, 1982. 5. All the three references above mentioned were fixed for eVidence of the employer regarding the misconduct attributed to the workman. But before the date fixed for such evidence. . the parties approached the court and infonned that they had Order amicably SE~ttled the dispute in all the 3 references and re quested that the settlement terms be taken on record and a No. 28/2/79-= c~nsent award passed in terms of the settlement. The following Award given by the Industrial Tribunal, Goa, ;oaman and Diu is hereby published as required Wlder 6. The te;:ms of the settlement are as follows: the provisions of Section 17 of the Industrial 'Disputes Act, 1947 (Central Act XIV of 1947). . . 1. It i~; agreed between the parties that with effect from 2nd August, 1982. the Management would take back By order and in the name of the Administrawr of _Go?., inte. service the three workmen viz. (1) Mr. J. M. Daman and Diu. Fondekar (2) Mr. V. L. Pilgaonkar and (3) Mr. U. M. Naik:. . S. D. Sadhals, Under Secretary (Industries and Labour). 2. It "is also agreed between the parties that the basic Panaji, 7th September, 1982. sal2,ry of these three workmen would be fixed. at Rs. 42?/w in grade 2. The above fitment is in the revised scales applicab~e to the Breweries. 3. It i~3 further agreed that an advance of Rs. l000/w each IN THE INDUSTRIAL TRIBUNAL GOA, DAMAN & DIU, wohld be given to these three workmen which will be PAN-An GOA. recovered in 10 equal instalments. (Before Dr. Renata de Noronha, Presiding Officer) 4. It is agreed between the. parties that these three wOl'kmen will be tmder observation for a period of Reference No. IT/19/79 thr,;!e months and only after their satisfactory perfor mance their continuity of service would be granted. 1. Shr( JJlba.s M. Naik - Workman/party I Thl~ intervening period from their· date of dismissal Vis. ( to the date of their joining back will be treated as 1. Mis. Arlem Breweries Employer/Party n .A.wARD 7. From the above terms it is clear that both the parties have made mutual concessions so as to arrive at a settlement This common award shall dispose of the above 3 references which is :iust and fair to both of them. Hence, I accept it and since aU of them were amicably settled between the parties pass the following Order. by a single agreement dated 30-7-1982. ORDER 2. The above 3 references were made by the Government to this Tribunal by orders Nos. IRM/CON/(37)/79/IT, Consent Award in terms of the above settlement dated IRM/CON/(38)/79/IT- and IRM/CON/(35)/79. dated 21st 30-7-82 iB hereby made and the 3 references are disposed of. July, 1979, 2nd August, 1979 and 1st August, 1979, respec No Ordel' as to costs. tively and the point in each of the orders of reference sub mitted for the adjudication by the Tribunal is as' to whether Dr. Renato de Noronha the action of the Management in tenninating the services of the conc.erned workman is legal and justified; and jf not, to PresidiJ).g Officer, what relief is be entitled. I'nc'lustrial Tribunal. 23RD SEPTEMBER,1982 (ASVINA 1, 1904) 353 Order IN THE INDUSTRIAL TRmUNAJ., GOA, DAMAN AND DIU, PANAJI GOA No. 28/2119-ILD (Befolre Dr. Renato de Noronha. Presiding Officer) The following Awards given by the Industrial Tribunal Goa. Daman and Diu are hereby published as required 'IIl1 In this oomplaint 'filed under Section 33A of the I. D. A.t IN THE INDUSTRIAL TRffiUNAJ. !>OA, DAMAN AND 1947, herdnafter briefly called the Act, by the above com DIlJ, PANAJI GOA. plainant a.gainst the above opponent. it is . stated 'that, when reference No. IT-GDD-6/74 was pending adjudication before (Ilefore Dr. Renato de Noronha, Presiding Officer) this Tribunal, the opponent, without seeking permission ,from the Tribunal, terminated the services of the complainant 'on Reference No. IT/20/82 15-5-1978 ·without paying him notice pay and retrenchment 1. \Vorkmen compensalion, which are conditions ·presectent to valid re trenchment. It is submitted that the termination, being illegal, -' Represented by the Go~antak WorkmEm/Party I be set aside. Mazdoor Sangh Vis. 2. The Opponent filed his objections alleging in s~ort: r' ' 1. M/s. Chemo Wood Industries Employer/party n - i) ~&e complaint is baseless and not tenable in law; ll) Complainant was served wth retrenchment notice Panaji. Dated: 1l:-8-1982- under Section 25F of the Act iIi which reasons for re-' trenchment were indicated and offered compensation AWARD under the said provision, which the complainant refused ~ This is a reference made, by the Government by its Order iii) Retrenchment of the workman does not amount to No. 28/30/81-ILD dated 28th April, 1982, which schedule alterations of conditions of his services and henge. there reads as follows: is no contravention of Section 33 or any other 'provision of the Act. "Whether the action of the employer of 1\1:/s. Chemo -Wood Industries, ,Ind.ustrlal Estate, Corlim, Goa, in 3. No special issues were framed by the Tribunal. On the retrenching from the services the following 16 wor~en date fixed for filing list of evidence, only the opponent filed is legal and justifl~d. his list, while the complainant and his representative re If the answer to' the above is in negative, to what mained absent.~ Today was the date fixed for 'evidence of relief these 16 workmen are entitled to?" the complainani!. but the latter remained absent without any justification,' Since it was "for the complainant to lead evidence 1. Shivanganda Rayanganda, .Machine Worlter, 2-1-82. to prove his case and since he has remained absent, the 2. Gopi Bandodkar, ~andsaw Worker, 2-1-82. complaint is liable to be dismissed for default. Order accord ingly. 3. SavIo Bhomkar, Carpenter Class II, 2-1-82. 4. Ratnakar Naik, Carpenter Class II, 2-1:-82. Dr. Renato de. Noronha 5. Madhu Me~celkar. Carpenter Class ri, 2-1-82. Presiding Officer, Industrial Tribunal. 6. Vithu Shirodkar, General Helper, 2-1-82. 7. Anil Khandeparkar, General Helper, 2-1-82. 8. Kashim\th W@ndail{ar, General Helper,. 2-1-82. IN THE INDUSTRIAL TRmUNAL GOA, DAMAN .Ii m,D, 9. Ashok Achari, Machinist, 10-2-82. PANAJI GOA 10. Eknath Ramdurga. Carpenter Cl.ass II •. 10-2-82. (Befure Dr. Renato de Noronha, Presiding Officer) 11. Rohidas Naik, Carpen,~er Class II, 10-2-82. Reference No. IT/35/75 12. Lino Salekar, General Helper, 10-2-82. 1. Shri Prakash Mil'ajkar - Workman/party I 13. Narayan Mauzekar~ General Helper, 10-2-82. Vis. 11. Vit~l Naik, General Helper, 10-2-82. 1. IVI/s. Lorenz & Sons - Employer/Party II 15. Rajappa Gamyanawar, General Helper, 10-2-82. V10l>~.man/Party I represented by Shri P. Ghodge, Union 16. C~iridas Bhomkar,: General Helper, 10-2-82. Leader. 2. On the date fixed for filing of the statement of claim Employer/Party II, represented by Shri R. Desai, Labour the Union remained absent, but two workmen namely Adviso!'. Shri Shivanganda, Rayanganda and Shri Anil Khandeparkar remained Dresent and asked for time to file the claim state Panaji. Dated: 26_7_1982. ment. Their' request was' granted. On the next date fixed, AWARD nobody remained present and no statement was filed. Date was given for the statement of the employer, who also failed This il: a reference, made by the Government of Goa, to remain pre:;;ent and file the same. Daman and Diu to this Tribunal by its Order No. CLE/1/ /ID(2)/1l5/IT-16/75/1428, dated 1st November, 1975, which 3. Since none of t..lle parties filed ·their statement before ... in- the Schedule annexed to it reads as follows: f" this Tribunal, it appears that they are no more' interested in the dispute referred for the adjudication 1:;>y this Tribunal. "V\.·hether the action of the Management of M/s. Lo Hence, this will' be a no dispute award and the case stands renz & Son, Photographer, Margao Goa, in terminating disposed off. the services of Shri Prakash Mirajkar, Aquem, Margao. Goa, with effect from 15th July, 1974 r.S legal and Dr. Renato de Noronha justified? PreSiding Officer, If not, to what relief the concerned W'orkman is Industrial TrIbunal, entit\.ed to? It , SERIES II No, 26 ._----:------,---- 2 .. :Work.rn.an~& -,case:, in: his statement: of claim is _that the 5. Both the parties led their e.vidence on the iSSUeS framed_ empioyer/Party II,_ ',~ whose ph.otographic studio he was Employer's evidence cqns,ists of bis statement and of two working as a photographer from-February, 1961, has termi other withesst:s, namely Ramdas Keni' and Mahadev Neurekar nate~_ his :service~_, wJ.thout an,y, reason On. 15-.7-1974'.; The and the workman's eyidence consists of his own statement workmc~n, on ,- that day, had gone to the employer's studio th? statement cif h.is brother -Tulshjdas and of one Bernard~ to resume his duties' after a short period of illness, but the l')'.sHh. '.. " . employer refused to accept him and started behaving in iJ;' ,rude manner and told hini not to enter the premises of I have heard the arguments: of. the representatives of both the studio from that day. Workman then asked for bis salary the parties ar d now the file is ~efore me for passing Award. of June 1974,~ which the employer. refused t.e pay. On 6. At the time of leading his evidence, employer's _repre 27-7-1974 t~e workman requested his bi'other Tulshidas to collect his salary of June, as the workman was indisposed, sentative had made tl1e sta.tement tha.t· he does not press but the employer refused to give it- to him' and showed him the Preliminary issues No. 3 and 4 and, therefore, they are to be deemed dropped. !' notice in - the Newspaper that the workman's services were as terminated. The' workman again approachecl the employer 7. Regarding the other issues: in the studio to collect his salary for the month of June to the tune of Rs. 300/-, but the employer refused to give it. It is ar. admitted fact that thc this happened, the workman would. have referred tQ it in 18. From the' above, I conclude that the employer, when his' statement of claim and also in his letter Em. M-3; saw that the workman was 'not reporting 'for duty ,since 28-7-1974_ without any intimation; presumed that 'he had 13. Finally, it is also unbelievable the story narrated by abandoned the services and' struck off his nam"e from the the workman ·that he went to the employer on two occasions, musterroll. accompanied by Shri Bernardo Silva. First of all, there is no reference to_ this fact _both- in ,the statement of claim ~d 19. The S'upreme Court, .in its- ruling in the case of L. in the letter, Exh. M-3 and when the workman was asked. in Rol?,ert-· D'Souza V Is. Executive-~ Engineer Southern' Railway cross why he had not mentioned this fact in the claim state and anothex: in 1982 Lee (L & S) 124, has held that' absence ment and in the letter Exh. M-3, he could not explain. without leave constitutes' iniscoriduct and it is not open to Secondly. the.. workman has stated that he took Shri Bernardo the' employer to terminate the services without complying Silva alongwith him because the latter is a relation of the with the prjnciples of natural justice. In such case, it would employer and also his acquaintance. However, Shri Silva has amount to retrenchment. andj therefore, th,e requirements of stated that he knows the workman be'cause he is a friend Section 25F ~f, the I. D. A., 1947 ar,e to be complie~' with. of his son and, at that time, he did not have any relation or connection with the employer except that he knows that 20. In the' i~stant case:, 'the. employer 'ha,s terminated the If the employer was a photographer. Shri Silva, who is .a services of the ~ workman without any notice or inquiry and tailor working in the houses of his customers, had no sort without even giving an opportunity to the workman to explain of relation or connection with the employer, I fail to see his absence, Hence, such termination amounts to retrench as to why the workman would take him to plead for him ment and, consequently, he had to comply With the require before the employer. Not only that, after the employer had ments of SE:ction 25F of the Act, namely one month's notice refused to acceed to his request why would he go 3-4 times or pay in lieu thereof, and payment of compensation as laid to the employer in the same connection? Such could not down under Section 25F(b) of the Act, which are the condi have been the behaviour of a normal person. Hence, I accept tions precedent for the validity of the retrenchment order. as true the employer's statement that the workman never Since the employer did not comply with those two require came to him accompanied by Shri Silva. There is also no ments, the _termination order is inoperative and has to be evidence, except the bare statement of. the workman himself, ignored. that he went to the employer alone, which statement is denied by the employer. 21. In thl~ absence of a valid order of termination of ser 14. The workman has stated that, on 27-7-1974, he sent vice, the normal rule is the reinstatement of the workman. his brother to collect his receipt books. The Notice Exh. M-1 In the instant case, however, such reinstatement is not published by the employer in the Newspaper in respe.ct of advisable since the workman is already having his own the workman is dated 27-7-1974 and, therefore, I accept as studio from 1979, as per his own admission. He would be correct the statement of the employer that, after the publica entitled, th'~refore, to a compensation from the date of ter tion of Exh. M-l, the workman's brother came to him to mination of services till 1979. This compensation is being collect the bill books and the workman's pay. fixed havir,g regard to the fact that the workman from the time of termination of his services -till the date he 15. From all that has been stated above, I am Jed to started his own bUS'1I1ess was doing some private photo conclude that from 27th or 28th June, the workman failed graphic w(.rk, as per his own admission. Hence, I award to report for duty without any intimation to the employer to the workman as compensation half of the wages during and sent his' brother to him only after notice Exh. M-1 was this period. Besides, he will be entitled to claim from the published in the Newspaper and that too only to collect his employer his salary of June, 1974, which admittedly is due bill books and pay. to him, noUce pay, retrenchment compensation under Sec 16. The employer has not proved his contention that the tion 25F (b) of the Act and Gratuity under Section 39 of wq.:rkman was working for Shanta Durga Studio at Vasco the Shops and Establishments Act. or Narvenkar Studio at Margao nor that, at the relevant time, he was busy in arranging his passport to go abroad. 22. The- workman has stated that he was working for the The workman has produced his Passport which was issued employer from February 1961, with the salary of Rs. 300/ to him on 28-4-1972, 1. e. much prior to. his absence and was per month and this statement of the workman has not been valid upto 27-4-1975. speCIfically denied by the employer. - 17. In para 8 of his written statement the employer has 23. In the above premises, I pass the following Order. stated that the name of the workman was removed from the musterroll w.e.f. 28-6-1974 by virtue of the advertisement ORDER published on 27-7-1974, as the workman had voluntarily abandoned the services of the employer. - " The em~loyer is directed to pay to the workman a com pensation at the rate of half of his wages from the date .of In his statement before the court, the employer has stated tenninatiou of his service till January, 1979; his wages of that he had sent a message to the workman to come for June, 1974, 30 days notice pay, retrenchment compensation work, but he did not come. Even though there was no spe,cific under Section 25F (b) of the Act, gratuity under Section 39 suggestion on the part of the workman in the cross examina of the Sho-~s and Establishments Act plus costs of Rs. 100/-. tion of the employer denying this fact, I am not inclined to believe it as true, not only because the employer has made no reference to this fact in his written statement and also Dr. Renato de· Noronha because his statement in this connection is vague without Presiding Officer, clarifying when the message was sent and through whom. Industrial Tribunal. Notification No. 5/23/82-ILD Whereas late Shri N. S. Narvenkar from Margao had been granted ,mining concessions under titles nos. as mentioned below (hereinafter called the said "mining leases"); Sr. No. Name of the mine Situated at Concession Date TItle No. lo "Pandava Xetavoilo Soddo" e "vozro Soddo" Mine Santona Quirlapale 40 27-4-1951 2. "Mainantil Murdi" Mine -do- 12 8-2-1952 3. "Mata Nacional Talsai" Mine CUrdi, Sanguem Taluka 44 31-8-1959 4. "Palitembo E Barqueriz" Mine -do- 32 24-4-1955 5. "Ambo U doc Cursamodi" Mine Santona & Rumdem of 31 29;6-1959 Sanguem 6. "Vacatil Temculi" Mine Shiroda. Ponda Taluka 144 28-12-1953 -,;:.., 7. "Era Vanganatil Murdi" Mine. Molcornem of Quepem Taluka 30 29-6-1959 BERlliJS II No. 26 -And whereas according to the law, the mining leases, like Now;, there~ore, in exe~'cise of the powers conferred by all leases of inunovable property, is heritable and hence the rule 37 of the Mineral Concession Rules, 1960 and all other said mining leases granted to late Shri N. S. Narvenkar, on powers enabling in this behalf, the Lieutenant Governor of his death devolved, by operation of law of inheritance, of GOa; Daman and Diu hereby conveys his approval to the his duly legal heirs; exercise of rights and) obligations under the said mining leases granted to the late Shri N. S. Narv.enkar by the legal And whereas in pursuance of the Succession Deed, the heirs of the late Shri N. S. Narvenkar for the remainder of said mining leases have been allotted to his five _daughters the period 0:: the leases subject to the same terms and viz. Mrs. Nita Bhalchandra Kalghatgi, Mrs. Ashwini Chan· conditions sti:?ulated in the Mines and Minerals (Regulation drashekar Madali, Mrs. Subhalaxmi Mahesh -Phayde, Mrs. a.nd Development) Act, 1957 and the Rules framed thereunder. Maya Srikrishha Pokle, Miss Vijaya Narahan Narvekar (hereinafter called as the legal heirs); By order and in the name of the Lieutenant Governor of -Goa, Daman and Diu. And whereas the Govermnent" has 8greed to the rights of the said mining leases being exercised by the legal heirs S. D. Sad-luae, Under Secretary (Industries and Labour). of the late Shri N. S. Narve4lkar on the strength of the succession deed executed on 30-1-1982; . Panaji. lOh September, 1982. GOVT. 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