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.Panaji.12thAugust •.. 1982 (Sravana21,19041 SERIES 1/ No. 20 : •...
OFFICIAL . , GAZETTE . ,'.'"
GOVERNMENT OF GOA, DAMAN AND DIU
GOVERNMENT OF GOA. DAMAN
AND DIU
Department of Personnel and)dministrative Reforms
Order
No. 4/41/77-PERIVol II) (Part)
On placement of his services at the disposal of this Administration by Government of India.. Ministry of Agriculture, (Department of Agriculture & Co. operation), New Delhi, the Admi.n.istrator of Goa, Daman and Diu is pleased to appoint Shri Shashi Kumar, IFS, as Assistant Conservator.,; of Forests, w. e. f. 15-7-82 (F. N.). His apPointment is shown against one of the vacant posts of Dy. Conservator of FO--4 rests.
By order and in the name of the Administrator of Goa, Daman and Diu.
G. H. Mascarenhas .. Under Secretary (PersoIUlel).
Panaji, 2nd August, 1982.
Order
No. 3/39/82-PER
On placement of his services at the disposal of this Administration, by Governm~t of. India, Ministry of Home Affairs, New Delhi. "the AdminiStrator of Goa, Daman and Diu is pleased to appoint Shli V. P. Suri, lAS, as Director of Industries & Mines with immediate effect.
By order and in the name of the Administrator of Go~ Daman and Diu. .
G. H: MfL8caren.JW..s~ Under secretary (Personnel).
Panaji, 4th August, 1982.
Order
No. 4/2/79-PER
" Read: - Order No. 5-30-77-Div. I dated 12-9-1979
In continuation of- Government Order referred to above, the Administrator of Go~ Daman and Diu is pleased to extend the deputation term of Shri V. Sinha as- Commissioner, Labour & Employment, Government of Goa, Daman and Diu, for a fUrther period of one year w.e.f. 24-9-82 to 23-9-83 on the existing terms and conditions.
By order and in the name of the Administrator of Goa, Daman and Diu,
G. H. Mascarenhas, Under Secretary (Personnel).
Panaj~ 4th August, 1982.
Ord.er
No, 5/2~/80-PER
Billi U. D. S. Advalpaxkax, Additional Dy. Collector, Collec~ tor ate of -Goa, :t>anaji, is appointed as forest Settlement officer w.e.f. 17-7-82 in addition to his own duties, until further orders.
By order and In the name of the Administrator of Goa, Daman and Diu.
(1-. H. Mascarenhas, Under Secretary (Personnel).
panaj£, 5th August. 1982.
Addendum
No. 3/15/81-PER
Read: Government Order No. 3/41/82-PER dated 30-7-82.
In the order cited above, follOwing be added as para 4:-"Shl1" H. D. Sharma, shall continue to draw hi.s pay
in the s\lpertime scale of Rs. 2500-2750 against the post of SecretaFY (Plaruting)-cwn·Deve1opment Commissio-er".
By order and in the name of the Administra.tor of Goa, Daman and Diu.
G. H. 1J!ascarenhas, Under Secretary (Personnel).
Parraji, 6th August, 11)82.
••• Works, Education and Tourism Department
Order
No. DT/PL-TDC/666/77/Part I
Read: Order No. 3/40/82-Per dated 5-8-1982 from De· parlirient of Peroonnel and A. R. Secretariat.
On the .placement of the services of Shri Pradeep Mehra, I.A.H. at the disposal of this Department the Administrator of Goa, Daman and Diu is pleased to al;)point Shri Prade('p :Mehra. I:A,S. as Director of the Goa,. Daman :md Diu Towism' Development Cornoration and further apnoint him rL'3 Managing DIrector of the said Corpo11ation with immediate effed until ~rther orders.
2. The above appointment 'shall be on de"putation. The terms and condition::,: of his deputation will be issued separately.
3. This appointment is made in terms of' Article 112 of Articles of ASSOCiation of the Goa, Daman and Diu Tourism Devdopment Corporation Limited.
:By order and in the name of the Administrator of Goa, Damap- and Diu.
·A.' V. 'Pim,enta~ Under Secretary to the Govel'lllrlent of ,Goa, Daman"atId 'Diu.
panaji, 5th August, 1982.
258
Ordaf
No.~ 12/6/82-WET/III
Read: Government order No. 16j12/81-WET dated 11~3-82 creating various posts for ·the College of A~hlwcture,
Shl'i B. K. Khandeparlmr is hereby temporarily' a.PPointed w Lecturer in ArChitecture in the Goa llillege of Eng;neering, Farmar-[Udi with effect from 12-7-82 (FN) on an jnititLl pD.y otRS. 700/- in the scale O<f Rs. 7tJO-40-9DO-EB-40-1100--50--125!)"'EB-5Q..1600 plus usual allowance:;:; admissible from time to time, against the newly created post under' Gover:nment o:::der quoted above.
The fl.poointment is subject to the conditio::l1,kspeeiI'ied in this Office Memorandum of ,even numbe.r dated 29/6/82 Dnd th.~ rules and regulatioD.3 la.id down by Government from t:.me to time.
Th~: appointment, is purely' on ad-hoo b(~sis and it ~vHt not bestow on the appointee any claL."ll for regular 8ppomtment, promotion to higher post and seniority and will })e liable to be terminated by one month's notice. or with th(~ payment of one month's salary in lieu of notice.
The apPointment is liable· for termination in ca50 the character and antecedent of the appointee. are adverse (;{) as to cUsquali£y him from holding a ~st under' Government.
By order and in the name of the: Administrator of Goa, Daman and Diu..
N. D. Vongu.rleka;", Planning Officer.
Pan"ji, 5th August, 1982.
Notification
No. 1{)-1{)-79-82-WET/388
On the :recommendation of the Departm.ental Promotion ·Cort'..mitt?...e and with the approval of Union Public Service Com";Uission, the Administrator of Goa, Daman and Diu is· pl~"h..<>d t? confirm Shri Bonifacio Dias, Assistant. Resoo.r.ch Officer, Group 'B' post in the Goa Gazetteer Department mth ·effect from 22nd June, 1982 against the post of. Assistant Resear'ch Officer in, the scrue 'of Rs. 550-900 Wldoc Goa Ga.~ zettee:l.' Department.
By order and in the name of the AdmL.'1istrator of Goa, Daman and Diu.
N. D. Vengurlekar, Planning Officer.
Pz,naji, 4th August. 1982.
local Administration and Welfare Department Office of the Registrar of Cooperative Societies
Order
No. 48/1/81/TS
Read: 1) This office order No. RCS/ADM/ABNjR's Nominee/Vol. II/SO dated 5-3-80.
2) Letter dated 19-6-1982 of Shri J. V. Coelho, Advocate High Court, PanajL
In paetial modification of the order l'efen'O(i to above, Shri .T. V. Coelho, Registrar's Nominee, is hereby authorised to a,djudicate the disputes arising in any of the -Cooperat.ive .societies in the jurisdiction of Central Zone ~ of· the jurisdiction of -South Zone with immediate effect .. --..
J. X. Walke, Dy,Registrar of Coop. Societies_
Panaji, 7th July. 1982.
• .office of the "Asstt. Registrar of "Cooperative Socielies
No. 1/22112-LQD/Mauli-8eva1 ARNZ/82
Read: This office ord ... No_ 1/22/72-LQD/Mauli-Seval I ARNZ/82 dated 16th Ja.'J.uary, 1981 a'<tenw.ng tn" perind of liquidator of Mauli V.K.S.S. Sociocy l.td" up to 14-1-1982. ~ ~
SERIES 11 No, 2,()
Ordar
In virtue of' the. powers vested i~ me :Under sub-section' (1) of section 100 of the Ma.haxashtra Coopemtive Societies Act" 1960, as appU.ed to the Union Territory of Goo, Daman .and Diu, I, D. V. Sathe, Asstt. Registrar of Coop. Societies, North Zone, MapUsa, hereby extend the period of the liquidator of Maull V.K.S.H. Society Ltd.) Mencuremt Bicholim, up to 14-1-1983.
D. V. Satl>" Asstt. Registrar of Coop. Societies, North Zone.
Mapusv ... 29th June, 1982~
No. 1/28/65-LQD/Borde-SevF'; ARNZ/82
Read: This offica order No. 1/28/85-LQD/Bordem-&wal ! ARN2~ dated 16th January, 1981 extending the period of Liquidator of the Bordem La..."Ugao~ V.K.S.S. Society Ltd., u:? to 14-1-1982.
Order
In virtue of the powers vested in.me under sub-section (1) of section 109 of the Maharashtra Cooperative Societies Act. 1960, as applied to the Umon Territory of -Goa, Daman and Diu, I, D. V. Sathe, Asstt. Registrar of Coop. Societies, North Zone, Mapusa. hereby extend the period of the liquidator of Bordem Larngao V.K.S.S. Society Ltd., Borde-:m-Bicholim up to 14-1-1983,
D. V. Sa.tl'£~ Asstt. Registrar of Coop. Societies, North Zone.
Mapusa, 21Hll June, 1982.
No. 1/31/'11-LQD/Brahmani/FMG/ ARNZ/82
Read: 1-nis office order No. 1/21/71-LQD/Brahmalli/ /FMG / ARNZ dated 31st December, 1980 extending the ~rlod of liqUidator of Bralunani. Sah. Samudayik Sheil 3anstha. Ltd., Compordem, Satari up to 9-8-1981.
Order
In virtue of the powers vested in me under section 109(1} of the Mahal'ashtra. Cooperative Societies Act, 1950 as applied to the Union Territory of Goa, Da..rna.n and Diu I, D. V. Sathe, Asstt. Registrar of Coop. SOCieties, North Zone, Mapusa hereby extend the period of the liqUidator of the Brahmani Sah. Samudayik Sheti Sanstha ~td., Compordem Satari up to 9-8-1982.
D. V. Sa.tite., Asstt. Registrar of Coop. Societies, North Zone.
Mapusa, 29th June, 1982. --
No. 1/22/7{)-Seva/SALVADOR/ARNZ/82
Read: 1:his office orderNo.l/70-Seva/Salvador/ARNZ/81 dated 16th July, 1981 taking the Salvador-<io-Mundo Serviee Coop. Society Ltd., into liquidation and Shri P. R. Shetye, Jr. Inspector, Coop. SOCieties, Mapusa as the Liquidator. '
Order
In partia, modification of this office ordel' referred to above, Shti D. Y. Gawas, Jr. Inspector. Coop.. Societies, IVIapusa, is hereby appointed as the Liquidator of Salvador--do-Mundo Service Coop. SOCiety Ltd., Salvador-do-Mundo in place of Shli P. R. Shetye with effect from the date of taking ~!er the ch:u-ge of, the society. '
D. v. Sa~he, Asstt. Registr-a.l' of Coop. Societies, North Zone. .
Mapusa,5th July, 1982 .
No. ARCS/NZ!REB-(c)-12/Goo./LQD/8~
Read: This office ()rder No. ARCS/NZ/RES-(C)-121 lGoa/LQDn9 dated 31st October, 1979 appointing Shri P. R. Snetye, Jr. inspector, Coop. Societies,' Mapu.sa as the Liquidator of Sapteshwar V.K.S.S. SOCiety Ltd.. Man(tr~m·Pe.t'.nem in place of Shri: D. 'D/L 'Pathan,
12TH AUGUST, 198~ (SRAVANA 21, 1904)
Order
In partial modification of this office order cited above, Shr! K.. B. Desai, Jr. Inspector, Coop.· Societies,Mapusa Is herebrappolnted as Liquidator of Sapteshwar V.K.S.S. So- ..• ciety Ltd., Ma.ndl'em-Pernem In place of Shrl P .. R. f;llietye, with effect from the date of taking Over the .cha.rge of the society. '-
D. V •• 8athe, Asstt. Registrar of -Coop. _ Societies, North Zone.
Mapusa, 5th July, 1982.
No. 1/8/69-LQD/Bhagwati-Seva/ARNZ/S2
Read: -1. This office order No. RES-(C)-14/Goa/LQD/ /79 dated 7th July, 1979 appointing Shr! P. R. Shetye, Jr. Inspector, Coop. SocietieS, Mapusa as the Liquidator of Bhagwati V.K. S.S. Society -Ltd., Parcem~Pernem in place of Shr! Y. S. Manerikar.
2. This office order No. 1I8/69-LQD;Bhagwati-seva; ARNZ/82 dated 9-6-82 extending the period of the Liquidator of above society up to 12-4-1983. . ..' .
Order
In partial modification of this office order referred to above at sr. No.1, Shr! K. B. Desai, Jr. Inspector, Coop. Societies, Mapusa -is hereby appointed as the LiquidB.tor Of Bh~owati V.K.S.S. Society Ltd., Parcem-Pernem In place of Shr! P. R. Shetyo with effect from the date of taking over the charge of the society.
D. V. Sathe~ Asstt. Registrar of Coop. E«ieU.es., No!,th Zone.
Mapusa, 5th July, 1982.
259
No. 1/10/68-LQD/Bhagwati/Seva/ARNZ/82
Road: -1. This office order No. ARCS/NZ/RES-(2)-199/Goa/LQD/79 dated 9th July, 1979 appointing Shr! P.·Ro Shetye, Jr. Inspector, Coop. Societies, Mapusa as the Liquidator of Bhagwati V.K.S.S. Society Ltd., Pernem in place of Shr! R. V. Pal Khot.
2. This office order No. 1/10/68-LQD/Bhagwatl-Seva/ ARNZ/82 dated 9th June, 1982 extendIng the period of liquidator of aforesaid Society up' to 12-4-1982.
Order
In pHrtil;~..l modification of this office order referred to above, at sr. ~~o. 1, Sh~'i K. B. Desai, Jr. Inspector, Coop. Societies, Mapusl1. hereby appointed as the liquidator of Bhagwati V.K,SG S. Soci.ety Ltd., Pernam In place of Shr! P. R. Shetye with effect from the date of taking over the charge of the society.
D. "V. Sathe~ - Asatt. Regisl"':.'al'· of 'Coop. SOCieties, North Zone.
Map"sa, 5th July, 1982.
No. 1/46/80-SEVA/VEREM/ ARNZ/82
Read: This office order No. 1/46/80-SEV A/V'MlREJ\{1 /ARNZ/81 dated 22nd September, 1981 taking Samata V.K.S.S. Society Ltd., Verem-Bardez into liquidation and appointing Shri R. T. Verlekar, Bank Inspector as the liquidator. . .
Order
In partial modification of thU; office order cited above, .Shr! D. Y. Cawas, Jr. Inspector, Coop. Societies, Mapusa is- hereby appointed as the liquidator of Srunata V.K.S.S. Society Ltd., Verem-Bardez In place of Shr! R. T. Verlekar v.ith effect from the date of taking over the charge of the· SOCiety;
D. V .. satlw, Asstt. Registrar of Coop. Societies; North Zone. .
Maptlsa, 12th July, 1982 .
••• . Revenue Department
,
Notification
No. 22/9/81-RD
Whereas it 'appears -to the Appropriate GOvernment (hereinafter referred to as "the Government") that the land specified in the schedule hereto (hereinafter referred to as the "sald land") is likely to be needed forpubiic purpose Viz. For Improvement of Junc!:i0ns at Sanvordem.
Therefore the Government :is pleased to notify under sub-section (1) of Section 4 of the Land Acquisition Act: 1894 (hereinafter referred to as the "said Act") that -the said land is likely to be needed for the purpose specified above.
2. All persons interested in the said land are hereby warned not to obstruct or interfere with any surveyor or other persons employed upon the said land for the pu~ of the said acquisition. Any contracts for the disposal of the said land by sale, mortgage, assignment, exchange or otherwise, or any outlay commenced or improvements made thereon without the sanction of the Collector appointed ,in paragraph 4 -below. after the date of the publication of thts Notification, will under clause (seventh) of Section 24 of the said Act, be disregarded
by him while assessing compensation for such parts of the said IaIld as may. be f!nally acquired.
3. If the Government is satisfied that the ·said land is lleeded .for the aforesaid purpose, a declaration- to that effect under ;3ection 6 of the said Act· will be published. in the Official Gazette, in due course. If the acqUisition is abando-: ned wholly. or In part, the f,act will be notified.
4. The Government is further pleased to ~ppo~t.·_und~r clause (c) of Section 3 of the said Act the Land Acquisition Officer, P.W.D., Cell, Panaji to perform the functions of a Collector under the said Act in respe~t .of .the said ~~.
5. Tb,3 Government is also pleased to authorise under suo.. -section (2) of Section (4) of the said Act, the follOwing officers to do the acts, specified therein in respect -of the said l!U1d.
1. The Collector of Goa, Panaji. 2. 'rhe_Land Acquisition Officer, P:~7.D .• Cell, Panaji. 3. '!'he Executive Engineer, Works Division VI, P.W.D"
[i'atorda, Margao. 4. rna Director of Land Survey, Panaji.
6. A ;'ough plan of the said land is available for inspection .in the office of the Land Acquisition Officer, P.W.D. (CELL), Panaji, for a period of 30- days from the date of publication of this Notific-ation in th~ Official Gazette.
SCHEDULE
(Del?criptioll of the said land)
.0'. XO. Ta'uku Villu.;c/Wrcnl Plot No.
3 1
Sanguem Sanvordem 1 86/1(Part)
N.mlCS of th) persuns beli.,;vcd to be inl~restoo
6
Vasam Sadashiv Sinai Sanvordenkar. North: Road ·to·-Dharbandora. South: Sunrey No. 86/5. East: Survey No. 86/1. West: Road.
Approx:lmate area in sq. mts.
7
300.00
260 SERIES II No. !eO
1 3 4 6 6 7
Sanguem Sanvordem 2 87/7 (ParI:) Bapto Hart r.aad. 75.M North: Th)ad. South: Survey No. 87/7. East: Roa.d.
,West: Su",ey No. 87/6 & 7.
3 89/7(part) 1. Kashinath Shivram Laad. 75.M 2. Sadanand Hhivram Laad. 3. Narayan Laad.
North: RQad. South: Road. East: Road. West: Survey No. 89/7.
Total 450.M
By order and in the n~e of the Lt. Governor of Goa, Dantlm and Diu.
L. J. Menezes Puis, Under Secretary (Revenue~I).
Pan&ji, 4th August, 1982.
Notification
No.' 22/76/82-RD
Whereas it appears to the Appropriate Government (hereinafter referred to as "the Government") thrut the land specified in the Schedule hereto (hereinafter referred to as the "said land") is needed for Company. Viz. for construction_ of apprpach road to the Urban Development Complex at Patto, Panaji.
And Whereas in the opinion of the Government the provisions of Sub-Section (1) of Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as the "said Act") are applicable.
Therefore the Government is pleased to notify under Section 4 of !the said Act that the said land is needed for the purpose specified above.
The Government is pleased to - direct under Sub-Section (4) of section 17 of the said Act that the provIsIons of Section 5A of the said Act shall not apply in respect of the said land.
2. All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyors or other persons employed upon the said land for the purpose of the said acquisition. Any contracts for the ~ disposal of sa.id land by sale, mortgage,_ assignment, exchange or otherwise, or any outlay commenced or improvements made thereon without the . sanction of the Collector after the date' of publication of this Notification will under claus~ (Sev~th)
of Section 24 of the sai,d Act, be disregarded by the Officer assessing compensation of such parts of the said land as may be finally acquired.
3. If the Government 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 Official Gazette, in due course. If the acquisition .is abandox.ed wholly or in part, tile fact will be duly notified in the Official Gazette.
4. The Gqvernment is further pleased to appoint underClause (c) of Section 3 O'f the said Act. the Deputy Collector, Goa Dh-ision, Panaji to perform the functions of a Collector under fae said Act, in respect of the said land and direct him to submit his report under Rule 4 (1) of the Land Acquisition (Company) Rules, 1963.
fi. Th e Government is also pleased to' authorise under Sub~Section (2) of Section 4 of the said Act, the following officers to do the acts, specified therein in respect of the said land.
1. 'L'he Collector of Goa, Panaji.· 2. 'rhe Deputy Collector, Goa North Division, Panaji. 3. ~rhe Managing Director, Economic Development Cor
poration of Goa. Daman and Diu Ltd. Panaji. 4. ~rhe Director of Land Survey, Panaji.
6. A I'Ough plan of the said land is available for inspection In the Office of the Deputy Collector (Land Acquisition Officer), Panaji from the date of this Notification.
SCHEDULE
(Description of the said land)
St', No. Taluka Village/Ward P.T.S. No,
1 2 3 4 6
TlsWadi Panaj! S. No. City 2/Part
PTS No. 27
S. No.3 l/part
PTS No. 27
2/Part
3/part
4/Part
~/Part
Names of the persons believed to be interested
Comunidade or Morombi-o-Pequeno.
Comunidade C.r Morombi-o~Pequeno. T: Francisco Rodrigues.
Comunidade cr Morombi-o-Pequenc. T: 1. Manuel Sequeira.
2. Bernado Oliveira.
Comunidade m' Morombi-o-Pequeno. T: li'ernandes.
Comunidade oj' Morombi-o-Pequeno. T:· Vicente Fe:rnandes. ...
Comunidade -ot Morombi-o-Pequenc. T: CUstodiO' Fernandes.
Approximate area in sq. rots.
7
53M.M
, 630.00
715.00
880.00
740.00
570.00
12TH AUGUST, 1982 (SRAV ANA 21, 1901;) 261
1 2 3 1 5 G 7
Tiswadi Panaji S. No., City
3 6/Part Comunidado of Morombi-o-Pequeno. T: Maria lY,[erces Joao.
510.00
P.T.S. No. 27
7/Part Comunidade of Morombi-o-Pequeno. T: Mr. Vaz.
105.00
Boundaries: North: Chana No.1 (Land already acquired
P.T.S.57. s: N~). 2, -~-
P.T.S. No. 27.
for" Bus stand)
South: Survey No. 3/1,2,3,4,5,6,7 &
of p.'r.s. No. 27. S. No. . (Land already acquired by EDC).
P.T.S. NO. 21. East: Hoad & S. No. 3/1,2,3 &
P.T.E'. No. 21. West: Hurvey NO.2
P.T.S. No. 21. (Land already acquired by EDC) & Chalta No. 11
P.T.H. No. 57.
Total .................... . 9450.00
By order and in the name of, the Lt. Governor of Goa, Dam.an and Diu ..
L. J. Menezes Pai8, Under Secretary (Revenue-I).
Panaji, 3rd August, 1982.
Notification'
No. 22/80/82-RD
Whereas it appears to the Appropriate Government (hereinafter referred to as "the Government") that the land specified in the schedule hereto (hereinafter 'referred to as the "said laild") is likely to be. needed for public purpose viz. For laying additional C. I, Gravity main from Curti to Banastarl a~ CuncoUm.
Therefore the Government is ~pleased Ito 'notify under sub-section (1) of Section 4 of tbe Land Acquisition Act, 1894 (hereinafter referred to as the "said Act") that the said land is likely to be needed for the ~urpose specified above.
2. All persons interested in tbe said land are hereby warned not to obstruct or interfere. With any surveyor or other persons employed upon the said land for the purpose of the' said acquisition. Any contractS for the disposal of the- said land by sale, mortgage, assignment, exchange or otherwise, or any outlay conunenced or improvem~nts made thereon without the sanction of the Collector appointed in paragraph 4 below. after the date of the publication of this Notification, will under clause (seventh) of Section 24 of' tbe said Act, be disregarded by 'him while aasessing compensation for such parts of tbe said land as may be finallY acquired.
3. :[f tbe Government 18 satlafled that tbe said land is needed. for the aforesaid purpose, a declaration to that effect under Section 6 of tbe said Act will be. published in tbe Officl"l Gazette, in due course. If tbe acquisition is abandoned wholl~ .. or in part, the fact, will be notified.
4. 'The GOvernment is further pleased to appoint under c1au ... (e) of Section 3 of tbe said Act tbe Land Acquisition Offi"'''', P.W.D. (Cell), Altlnho, Panaj~ to perfonn the functions of a Collector under tbe said Act in respect of tbe said hnd;
5. rile Government is also pleased to authorise _ under sub-section (2) of Section (4) of the said Act, the follovnng offic~rs to do the acts, specified therein 1n respect of the said land.
1. The Collector of Goa, Pansj!.
2. The Land Acquisition Officer, P.W.D. (Cell), Altinho, Panaji.
3, The Executive Engineer, PRE-North, P.W.D., Panaji.
4. The Director of L~d Survey, panaji.
6. A rough plan of the said land is available for inspection in tb" office of tbe Land 'Acquisition Officer, P.W.D. (Cell), AltinllO, Panaji, for a period -of 30 days from the date of publication of this Notification in the Official Gazette.
SCHEDULE
(Description of the said land)
SI'. No. Taluka Villagc!Ward Plot No.
1 a 3 4·
Ponda Cuncolim
Survey No.
5
42 (Part)
41/1 (Part)
Names of the persons belIeved to b~ intores~
6
Comunidade. Pandurang Bhiku Pondekar.
Comunidad.· of Cuncoli-Priol.
Approxima.te area in sq. mts.
7
100.00
320.00
.,----_._------_._----------
262
1 2 3 • 5 6 7
Ponda CUnco}im 43/2 . (Part)
-Devasthan Sh3.ntadurga. 910.00
43/1 . (Part) .
:pevasthan Mangesh. 150.00
40 (Part)
Shripad Raguvir S. Kunkolikar. Balaji Raguvir' S. Kunkolikar.
110.00
. Vasudev Raguvir S. Kunkolikar. Ramakant Raguvir .S. Kunkolikar.
39 (Part) .
Ganapati Trirobak Bhlnde. Sadanand Trhnllak Bhlnde. Shankar Trtmb"k Bhlnde.
820.00
Boundaries:
North: Village CUndaim & Survey No. 39. South: Villa.ge Priol, Road & Survey No. 39. East: Survey No. 42, Survey No. 41.
Survey No. -43/2, 1, & Survey No. 40. West: Survey No. 41, Survey No. 43/2, 1 and
road.
Total ........ . 2410.00
By order and in the name of the Lt. Govei'Uor of Goa, Dama:~ and Diu. . , L. J. Menezes Pa·is, Under Secretary (Revenue-I).'
Panajl,6th August, 1982.
Notification
No. 22174/82-RD
Whereas it appears to the Appropriate Government (hereinafter referred to as Hthe Government") that the land speci~ fled In the scbedule hereto (hereinafter referred to as the "said~ land") is likely- to be needed for public pUl"pOOe viz. For construction of Hassapur Bridge and approach road at Ch.a.n..4el, .. P¢rnem. .
Therefore' the Government is pleased to notify Under sub~ -section (1) of Section 40f the Land Acquisition Act, 1894 (hereln4fter referred to as -the "said Act") that the said land is llkely to be needed for the purpose specified above.
2. All I'ersons Interested In. the said' land are' hereby warned not ··to obstruct 'or interfere with any surveyor or other- persons' employed' upon the said land for the- _purpos~ of the said acquisition. A:ny contracts for the disposBJ. of the sald land by sale, mortgage, assignment-, exchange or other~ wise, or any outlay commenced or improvements made thereon without the sanction of the Collector appointed in paragraph 4 below, after the date of the publication --of this Notification, wUl under clal:1se (seventh) of Section .24 of the said Act, be disregarded by him. whi1~ assessing _ com~ -pensation for such parts of the said land as may b~ finally acquired.
3. If the Government is satisfied that the said land is needed -for the- aforesaid pUrpc)se. a declaration to -fuat effect under Section 6 of the said Act, will be pubUshe<i In the Official Gazette, in c:ue course. If the acquisition is aban· doned wholly or in part, the fact. will be notified
4, The Government is further pleased to appoint under clause (c) of Section 3 of the said,Act the Land Acquisition Officer, P.W.D. (CELL), Altlnho, Panaji, to perform the functions of a Collector under the said Act in respect of the said land.
5. Tha Government is also pleased to authorise under sub~section (2) 'of· Section (4) of the said Act,- the following officers to do the acts, specified therein in respect of 'the satd land.·
1, The Collector of Goa, Panaji.
2. The' Land Acquisition Officer, P~W.D. (CELL), Altinho, Panaji.
3. The Executive Engineer, Works Division XIII, P.W.D., Panaji.
4. The Director of Land Survey, Panaji.
6. .A. rough plan of the said land is available for inspection in the office of the Land AcqUisition Officer, P.W-.D. (CELL), Altinho, panaji, for a period of 30 days from the date of publict~tion of this Notification in the Official Gazette.
SCHEDULE
(Description of the said land)
Hr. No.. . 'ta.luka VillageIWard'Sub-DtV. No. Survey No.
1 2 3 4 5
Chandel 17 (Part) 93
l/Part 101
Names of the persons believed to be interested
6
H: Ravl Shambu Tuenkar. T: Bhiva Shankar Shetkar.
North: Sahadev Shankar Nalk. South: Road. East: Yes5Q. Nilu Gauns & others. West: Road.
H: LakshiDlan Bikhaji Gauns. North: Road. South: :Malkumi. East: Atmaram Vishnu & others. West: Road.
Ap-p-roxi~ mate a.rea In sq. rots.
7
611.00
300.00
\
12TH AUGUJ>T;1,982 (SRAVANA 21,1904)
1. 2 4 5
.Pernem Chandel ll/Part
9/Part
:-.-.- .:..-.
10/ParL94.
8/Part 04
5/Part 94
2/Part. 94
I/Part 94
15/Part 93
16/Part 93
9/Part . 92
13 (Part) 93
19 (Part) 95
17 (Part) .9.5
H: Yesso Nilu Gauns. . Rama Zilu GaUDS . . Pevu K. Gauns.
6
- Shanshike'.nt B. Gauns_ North: Vithal N. Gauns. South: Juao Caitan Dias. East: :Pedro Caitan D'Souza. West: Road.
'II: . Vithal NC'lU Gauns. :"" ~ North: Road .
. -.. ,. south: Yesso NUu Gauns & others . • _.j", 'r>.;": East: Gaitan D'Souza, & others.
West: Road.
' .• H: Caitan D'Souza. Anthon P(:dro D'Souza, Bastaun Pedro s'SouZa.
North: BiCaji V. Gauns. South: y~o NUu Gauns & others. East: Daflin Rodrigues & others. West: Vithal N. GaUDS.
H: ~hikaji Vasu GaWlS. North: Yeshwant Sakararn Gauns. south: Gaitan D'Souza. East: r;efun Rodrigues & others. West: F:oad.
.B:: Zopherin {lias. North: ;3ablo Toli Pednekar. South: Bablo Keshav Gauns. East: Da.fJ.in Roerigues & others. West: Road.
H: Bablo Toli Pednekar. North: Hikaji Toli. SOuth: Zepherin I):ias. East: Ladu Gauns, & others. West: Road.
H: Bicaji Toli. T: Zepherin Dias.
North: Shivaji Govind P. P. Desai. South: Bablo Toli Pednekar. East: Sahadev Vishnu Bhaip. West: Road.
H: Bicaji Vasu Gauns. North: Shivaji Govind P. P. Desai. South: Road. East: Yeshwant Sakaram Gauns. West: Babli Krishna Gauns.
H: Shivaji Govind P. P. Desai. North: Shivaji G. P. P. Dessai. South: R>>ad. East: Road. West: Bic.aji Vasu Gauns.
H: Shivaji Govind P. P. Desai . T: Vlcent Minguel D'Souza.
North: Juao, Caitan Dias & others. South: YEshwant Sakaram Gauns.
. East: 11.08.<1. West: SaJladev Shankar Naik.
H: Smt. Laxmi Gopal Gauns. T: .. Santan Dias.
North: Ladu Soma Gauns & others. South: Shivaji GoVind P. P. Desai. East: Road. West:' Shiyaji Govind P. P. Desai.
H: Shivaji qovind P. P. Desai. T: Baba! B. Gauna.
North: Na,mdeo Shankar Nerulkar. South: Bi(!aro TeIi. East: Soma Sadu GaUns. West: Chanda! Gaunkari.
H; .Nandeo Shankar Nerulkar. North: Rama Sadu Gauns & others. South: Shivaji G. P. P. Desai. East: RaIna S. Gauns. West: Road.
7
781.00
234.00
123.50
271.00
41.25
613.40
525.00
18.00
191.25
15(}.00
82.25
240.00
600.00
26,1 ,SERIES II No. 20
1 2 3 • 0 6 1
Pernem Chandel 16 (Part) 95 ;H: Rama Sadu GaUns. 574.00 Vithal Sada Gauns. Rajaram. Sa,du Gauns.
North: Vithal N. Gauns. South: N'arndeo S. Nerulkar. East: Bhiva K. Gauns & -other~. West: Road.
14 (Part) 95 H: Raghu Bhiya Gauns. 546.75 Narayan Ladu GaW1S. Ladu Shadt:, GaUDS. Goapl Vishnu Gauns.
North: Krishna D. Gauns. South: Rama S. Gauns & others. East: Ra.ghu S. Gauns. West: V:lthal Nanu GaUDS.
13 (Part) 95 H: Vithal Nanll GatulS. 1443.25 North: Bab!! Krishna. Gauns. South: F= Sadu Gauns. E ... t: Rughu S. Gauns.
West: Bhicaji V. Gauns.
10 (Part) 95 H: Sabli Krishna Gauns. 288.00 T: Vincent D'~;ouza.
North: Nakul Vishnu Bhip. South: Vithal N. GalDlS. ". East: Narayan L. Gauns. West: Bhica.ji V. Gatms.
9!Part 95 H: Nakul V. Bhalp. 519.75 North: alveI'. South: Babli N. Gauns. East: Kl'ishna. Dulaji GaUDS. West: Bh!caji V. Gauns.
9/Part 95 H: Krishna Dulaji Gaww. 99.00 North: lUver. South: Uhiva K. Gauns. East: Bllicaji V. Gauns. West: Nakul V. Bahip.
. 22 (Part) 95 H: Narayan Ladu Gauns . 302.50 Pandurang Jayram Gauns. Shankar G,l.uns.
North: Nakul V. Bhaip. South; ltaghu B. Gauns & oUlers. East: K~'ishna D. Ga\Ul8. West: Babli Krishna GaWlS .
Pernem Aloma . 2/Pa.lt 372 H: Bhudu Ladu Malik. 368.00 North: l .. adu Bhudu Mailk & others. South: niver. East: Nagu A. Malik. '.'-..,
West: Sahadev Varnan Malik & others.
9/Part 378 H: Ladu Bhuc.u Malik. 17.00 Soma Gant~. Malik.
North: Hhridevi Sateri Hassapm. South: Bhudu Ladu Malik .
. East: N"gu A. Malik. West: Sadu Varnan Malik & others.
8/Part 378 H: Babu Naru~ Malik. 560.00 Suba Va.num Malik. Bh!caj! Sha.I\lSuudar Malik. v ·Atmaram Shankar Malik. Babu Chandru Malik. Pandurang Rama Malik. Shiva Sakaxam Malik. Narayan Navso Malik. Dattaram Vasu Malik.
North: Shree Devi Sateri Hassapur. South: H.iver. East: L:ldu B. Malik. West: ShI= Devu Malik.
7/Part 378 H: Sh!= Devu Malik. 1008.75 Punda.!ic Krishna. Malik. Gajanan Baja Malik. Chandrakallt Bala. MalU,.
North: Shree Devi Saten Hasapur. South: l:u.ver Creek. East: So,ba Varnan Malik.
West:
"i -
F"'-' "E-
19TH AUGUST, 1982 (SRAVANA 21,1904) 265
1 2 3 4 5
Pernem Aloma 6/part 378
5/Part 378
4/Part 378
3/Part 378
'::/Part 378
.1/Part 378
6
H: Ladu Ekllath Ganesh Malik. Vishwanath G. Malik. Eknath Ganesh Malik. Anant Ganesh M~
North: Shree nevi Sateri Haasapur. south: River Creek. East: Shivram Devu Malik & others. West: Namdeo Narayan Malik & others.
H: Namdev' Narayan Malik. Shantara.nl Gopal Malik. Harlchandra Gopal MaJik.
North: Shri Dem Sateri Hassapur. East: Hiver Creek. East: I,adu G. MaJik & others. West: Bhankaraj Y. Dessai.
H: Shankars;ji Ga.swantaji Dessai. T: Charulralmnt Bhiva Malik.
North: Shree Devi Sateii HasapUI'. South: River Creek. East: Namdeo N. Malik & others. West: I,adu Ganesh Malik & others.
H: Ladu Ganesh Malik. Ganesh Sako Malik.
North: Shree nevi Sateri Hassapur. South: River Creek. East: Shankaraji G. Desai & others. West: Government.
H: Governme::lt. T: Shivram Devu Malik.
Laxman Devu Malik. Fondu Devu Malik.
North: Shri DeVi Sateri Haasap1l1'. South: River Creek. East: Ladu Ganesh MaJik. West: Shankaraji Jaswantaji Dessat and
othern. H: ShaIlkaraji G. Dessal. T: ZUu Ladu Malik.
North: Shree DeVi Sateri Hassapur. South: River Creek. East: Government land. West: Road.
Total ................. .
1
779.50
359.00
406.25
364.00
341.25
250.00
13,009.00
By order and in the name of the Lt. Governor of Goa, Dama;l and Diu.
L. J. MeneZ68 Pais) Under Secretary (Revenue-I}.
Panaj~ 3rd August, 1982.
Notification
No. 22/52/81-RD
And whereas in the opinion of the appropriate Government (hereinafter referred. to as the "Government") the said land is not required for the aforesaid purpose. ~
The Government Notification No. 22/52/81-RD dated 6-5'1981 regarding accommodation and shopping' complex. at Vasro-da-Gama admeasuring 1775.00 sq. mts. published in the Official Gazette No. 8 Series n dated 21-5,81. is hereby cancelled with inunediate· effect.
Now, therefore, the Govenunent 18 plea.sed to declare under Sub-section (1) of section 48 of the said Act that it has withdrawn from acquisitiO'..l the said lund for the aforesaid public purpose and that the afOresaid Government notification shall be deemed- to be cancelled so f<w as it relates to the Said land. The persons interested in the- said land, may lodge to the Deputy Collector. Goa North Division. Panaji Within a period of thirty days from the date of this n~tification claims under Sub-section (2~ of section 48 of :the- said ~ct. for the damages Suffered by them in consequence of the notice or of any proceedings thereunder and for costs reasonally incurred by them in persecution of the proceedtngs under the said Act relating to th~ said land.
By Qrder and in the name of the Lieutenant Governor of Goa. Daman and Diu.
L. J. Meneze8 Pai8~ Under secretary (Revenue I).
Panajl, 4th August. 19112.
Notification
No. RD!LQN/124/75
Whereas by Government Notification No. RD/LQN/124/75 dated 24-12-1976 published on page 317 & 318 of Series n, No. 40 of the Official Gazette dated 30-12·76 it was notified under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the "said Act")· that the .land specified in the schedule appended to the said notification _(hereinafter refeITred to as the "said land") was needed for DubUc- purpose, viz. Implementation of HouSing' Scheme at Taleigao.
A plan of the land, shall be available for inspection jn the offlce - of the Deputy Collector, Goa North DiVision, Panaji f(IT a period of thirty days from the date of this notification.
By o:('der and in the name of the Lt. Governor of Goa. Daman and DiU.
1:. J. Mmz6Z68 Pa48~ Un<1er- Secretary (Revenue I).
pan.qji. 22nd July, 1982,
266
Public Health Department
Order
No. 5/42/82-PHD
On the recommendations of the Loc~ SelectiOn Committe:e, Dr. Anti Kumar Modi, is hereby appointed on ad-hoc basis to the post of Lecturer In Microbiolo&y In· the pay seale of Rs. llOO-OQ-1500-EB-SQ-1800' in the Goo. Medical CcUege with effect from the:date of take-over, until :furt;he4:' orders. on the terms and conditions roention&d in the Memorandum of even number dated 17th June, 1982.
The above appointment will not bestow on the pe<:SOIl a clai..'1l for regular appointment and the service rendered o,n ad-hoc basis In the grade would not count for the purpOse of seniority In that grade and for eIlgibllity for promotWn to the next higher grade.
Dr. ModI has already been·declared fit by the Medical Board, Panaji.
By order and in the name of the Administrator of Goa, Daman and Diu.
itt. S. saa, Under Secretary (Health).
PanaJi, 29th July, 1982.
Order
No. 5/2/82-PHD
On the recommendations of the Local Departmental Pr0-motion Committee, the Government is pleased -to order the promotion of Dr. C. P. Kapoor, Ast!lstantProfeesor of Medicine to the post of Assoclate Professor of Medicille, purely on ad-hoc basis, In the Goo. Medical College, with Immediate effect, until further ordara, in the pay-scale of Rs. 1100-50--15GO-EB-6Q-1800.
The above appointment will not bestow on the person -a claim for regular appoinbnent and the service rendet'ed on ad-hoc basis in the grad" would not count for the purpose of seniority in the grade for eligibility for promotion to the next higher grade.
Dr. Kapoor shall be entitled for special pay of Ea. 200/c
attached to the post of Associate Professor of Medicine.
The ahove appointment to the post of Associate Professor of Medicine Is made against a post created vide Government Order No. 1-16-SO/PHD(1) dated 13th May, 1982.
By ~rder and in the name of the Administrator of Goa, Danian and Diu.
M. S. saa, Under Secretary (Health).
PanaJ~ 30th July, 1982.
Order
No. 5-25-82;PHD
On the recommendations of the Local Selection Comntittee, Dr. (Mrs.) Maria S, Sequeira, Ia hereby appointed on ad-hoc baSis to the post of Lecturer in Pathology, in the pay-seale of Rs. ,l100-5O'-150o-EB-6o-1800 jn the Goa Medical College, Panaji with inunediate effect, until further orders, on the terms and conditions mentioned in the Memorandum No. PHD/2309/82 dated 20th July, 1982.
The above appointment will not bestow on tile pel'Son f'c
claim for regular appo1n.bnent and the service rendered on ad-hoc basis in the grade would not count tor the purpose of seniority' in that grade alid for eligibility for promotion to the next higher grade.
Dr. (Mrs;) Sequeira has already ~en declared fit 'by th~'_ Medical Board, Panaj!. .
By order and. in the name of the Administrator of Goa Daman and Diu. '
'lI. S. Sail, Under Secretary (Health).
Panaji, 5th August, 1982.
SERIES II No.IlO
Industries arid labour Departinent
Order
No. 28/2/79-ILD
The folloNing Award given by the Industrial Tribunal, Goo., Daman anI! Diu Is hereby published as requlred under the provIaions ,>1. Beetlon 17 of the Industrial Disputes Act, 1947 (Centra.! A,ct; XIV of 1947).
By ~,er and in the IlBlile of the Administrator of Gon, Daman and- Diu.
S. D. Sa<!h4le, Under Secretary (Industrlee and Labour).
PanaJi, 19th July, 1982.
IN THE LABOUR COU~T. GOA, DAMAN AND mu, PANA.JI-GOA
,Befo,.e Dr. ReDato de NoroDba, PreoIdiag 0ffiMr)
Application No. LCC/22/79
1. Shri Filomeno Raikar Vis.
-Applicant
1. st. Joo<>ph Carpentry Workshop ·-Opponent
Panaji. Dated: 7-7-1982_
Applicant represented by Shri Dioulsio Fernandes, Union Leader.
Opponent represented by Adv. R. Lotllkar.
AWARD
ThIs is an application filed under Section 33C(2) of the I.D.A., 1947, hereinafter called the Act, read with Rule 62(2) of the Industrial Dispute (Central) Rules 1957, 'hy the above applicant against the ahove opponent, cla.lming from the latter a tctal alUOWlt of Rs. 1,520/-, as per the details given in the anr . .exure.
2, It is B.pplicant's case that, while he was working in the cazpentry of the opponent, he was retrenched, alongwith other 7 workers, by letter dated 17-2-1979,_ without any notice:. He was not pud retrenchment compensation, "" required by Beetion 25F of the Act. The totaI service put In by him Is S years and the last salary draWn on January, 1979, Is Ea. 130/-. However, in view of the notification regarding m1nimum wages the rate of wages from 1-2-79 should be Rs. 2'34/- per month.
3. The Opponent, in its Written statement, has raised :l
preliminaJy objection regarding the lack at jurisdiction of this coW"! to entertain and try this application and, on merits, has contended that the applicant was .informed -well in advance that his 3eI'Vices would stand tenninated on 17-2-1979 and ·that he sl:ould collect all his dues on that date. The applicant, however, did not collect his dues.
4. The following issues were framed by Dr. CoeL'lo, my LearneQ :?redeceesor:
"1. Does the Opponent prove that this Court· has no jurisdiction: to entertaIn and 'dectde this Application?
2. "1)000 the Opponent prove that the Applicant was informed well in advance that his services would "tand te<minated from 17-2-79 and that he should eollect all his dues by "that date?
3. ):)oes the Opponent prove thet they are not li,able to pay to the Applicant Gratuity, Bonus, etC.?"
4. :Ooes the Applicant prove that" he lS entitl~ to' re-'~eive the following amq:unts:
1. Retrenchment Compensation Rs. 702-00 2. Gratuity Ea. 702-00 3. Gratuity under sub-sec. (2) of Sec. 39 of
G.D.&D. Shops & Est. Act, 1973 (maximum 2 months) Rs. 468-00
4. Wages for March 1979 Rs. 234-00 5. Leave Wages (32 days) Ea. 252-00 6. Bonus for 1978-79 @ 8.33 Rs. 130-00"
5. On" the above issues, evidence was led by both the -parties The applicant got himself examined and produced some ex~ hibits. 'l'he Opponent also gave, his statement and produced eY.hibits.
12TH AUGUST, 1982 (SRAVANA 21,1904)
6. Arguments were -heard and "DDW' the 'matter' is bef()re
,me for: <l;eliv~g th~ AWBf,cl. . I shall; conSider fit'St the ·issue of lack of ju.risdiction raised
by the opponent: . I ~hould say ,that the opponent did not try to shovt
how this court lacks jurisdiction to enterta.in tltis appli~~tion. The only P:OiD.t that he has clarified in his written ~rgu..11lents is that this court would lack jurisdiction to ente¢.ain the appli.caI?-ts claim for gratuity since under the Payment of Gratuity Act, which is a self contained code, the applicant -has to file his claim. if any, ~fore the Ruthortties' prescribed in the" said Act, following the procedure provided therein. He has relied on the Supreme C.ourt Ruling i.,-, the case of State of Punjab V Is. Labour Court, Jullunder. and other in 1980 I Suprema Court Cases page 4.
I fully endorse the opponent's contention in this regard, in view of t}l.e Supreme COurt. Ruling quoted above, wherein it W8$ held that·a, claim for gratuity cannot be made Under Section 33C(2) of the Act, but the a.pplicant has to- make it under' the provisions of the ~ayme:nt of Gratuity Act and before the authorities 'mentioned therein. Hence, except for the claim for gratuity for which this court has no jurisdiction) the ot.l}er claims of the applicant can be dealt with by this court and there is nothing to bar the jurisdiction of this Court to entertain'them.
7. Considering Df)W the other issues:
The Opponent has· filed the receipt issu~ by the applicant on 3-3-79 (Exh. M-1) for the amount of Rs. 968-50 "toWards full and final settiement of all his dues" and, on the basis of thiS receipt, contended that the applicant is now ""topped from c1ahning any additional amounts from the opponent~ This receipt, howe7er, has been issued by the applicant under protest. as it is clearly mentioned therein and, therefore, the applicant is not prevented from claiming from tile opponent whatever dues still exist, according to him.
8. The applicant has produced his appointment letter (Exh. "V-1) whi.ch shows tha.t he was appointed on 10-6-73. He has stated that, at the time of termination of services, he was drawing Rs. 130/- per month, which fact is adrPJtted by the opponent in their written arguments. He was admittedly r:eL"'OClched from services by the opponent in the Dlonth of February 1979 and, therefOl'e, he is entitled to retrenchment compensation Wlder- SeCtion 25F of the Act. He has further :1tated that, under Notification of Minimum \-Vages No. t/227/73-LAB/Part II published in the' Official Gazette, Series I datoo: 8-2~1979, he is entitled to Rs. 234:!~ per month from 1st February, 1979. Hence, his retrenclunent Compen;:;.ation at, the rate of 15 days average wages for each yeax ;)1' serviCe during 6 years works out to Rs. 390/- t130X3).
Regarding Notice Pay, he is also entitled to" it since, the opponent did not act on the basis of the previous notices of retrenchment (Exh. 'W-2 and W-3) issued by them and the applicant continued to work even after such notices. The l'jqti~, ~a;y ~1 b.e, ~t the rate of Rs. 234/- as prescribed by the Notificatwn for ·Wages. corresponding to the sruat"Y_ for the month of March, 1979, I.~. Rs. 234/-. . .
9; Regarding. Lea.v-e 'V:?~g{'S, he r.as pfuduced his leave card but it a,oes not show clearly what is the leave the applicant has at his credit and, therefore, I cannot grant this prayer.
10. Finally, regarding bonus for the year 1978~79, since 'it lli prov(.',,t _from the employment register that the emnloyer had till I"ebruary, 1979 more than 10 workers in their workshop the applicant is entitled to bonus at the rate of 8.33 percent which works out to Rs. 62/-.
11. The a.bove figures sllO'W that the applica.."l.t i.s entitled to claim from the opponent the total amount of Rs. 686/but since he has been already pai.d Rs. 968/-, he h~.s no further claim against the opponent. .
12. In view of 3011 th~,t has boo,.~ stated above. 1 pass the following Order:
ORDER
This app1ication is dismissed. In the circUlllStances of tho case, I leave each- party to bear its own Costs.
Dr. Rtma..to de. N()rO'nJw Presiding Officor,
Labour Ct}m:t.
267
'Order
No. 2S/2j79-ILD
... The fellowing AW¥d given by the Industrial. Tribu!1al, Goa, Daman ·3lld Diu 1$ hereby published as' required under the provisiOl1S of section -17 of the Industtial Disputes' Act, 194:7 (Central Act XIV of 194~)'. ..
By order and in the nsme of the. ·AdmiriJstrator of Goa, Daman and' Diu. -
.' S. D .. Sadhale, Under Secretary (Inllustries and Labour).
Panaji, 12th July, 1932.
---.- . lIN TifJE LABOUR C{lURT GOA, DI\.MAN AND DIU,
PANAJI OOA..
(Before Dr. Renato de Noronha,' Presiding Officer)
( Application No. LCC/20j79
1. Shri Jose Colaco Vis.
-Applicant
1. M/s. St. Joseph Carpentry -- Opponent.
Applicant represented by shri Dionisio Fernandes, Union Leadur.
Opponent repres<'"..nted by Adv. R. Lotlikar.
PanajL Dated: 30-6-1982
AWARD
This is an application filed under Section 33C(2) of the LD.A., 1947, hereinafter called the Act, read with Rule 62(2) of the Industrial D!.spute (Central) Rules 1957, by the abOve a.ppllcant agamst the above opponent claiming from the ~tter ~~ total amount of Rs. 1,119/60, as. pet. the det8Jls given :to. the annexure.
2. It is applicant's case that. while he was working in the ca.rpen':ry o~ _ the opponent, he was retrenched, alongY(ith .other B work~. by letter dated 17-2-79, without any notice. He 'Y'as not prud retrenclunent compensation, as required by' section 25F of the Act. The total service put in bY_'him is Z Ye3J.:s and the la.st salary drawn on January, 1979 is Rs. 18/-. However, in view of the notification regarding miIrlmum wages, the rate of wages from 1-2-79 should be Rs. 130/per month.
S. 'Ihe Opponent, in its written statement has raised a l:n~inary objection rega.rding the lack at' jurisdictiOn ""of this court to entertain and_ try this application and., on merits~has contended that the applicant was informed well in advance that his services would stand termlna.ted on 17-2-1979 and that he should collect au his dues ou that date. The applicant, hawever, did not ~Ollect the dues. The appliCant is not entitled ~,!:he amount clallll.ed; he was working as a part time helper' and so the opponent is not bound to pay him. gratuity bonus etc.) 3S claimed by him. . "
4. 'lie following issues were framed by Dr. Coelho my Learned. Predecessor; ,
11,1. Does the Opponent prove that t...1tis Court has no jurisdiction to entertain and decide this Application?
;~. ~oes the Oppo~t prove that the Applicant wa..cf infonned well m .advance that r...is service::; ·,'..-ould stand terminated from 17-2-79 and that he should collect all his du('S by that d.a.te?
3. Does Ule. Opponent prove that they are not liable to pay to the Applicant Gratuity, B<¥ll¥l, etc.? ,
4. Does the Applicant prove that he is entitled to re.-ceive the following amounts:
1. P..etre;IlCb:rtlent Compensation Es. 130/-2. Gratuity Rs. 130/-3. Gratulty under Sub-Section (2) of Sec. 39 of
G.D.D. Shops & Establishment Act, 1973 (ma.xunum 2 months Wages) Rs. 260/-
4. Leave Wages (30 days) Rs. 130/-5. Febraaxy Wages Rs. 130/-6. January (unpaid) Rs. 130/-1. Bonus for 1978-79 @ 8.33 pet' cent, Hs. 171-60 8. Notice Pay Rs. 130/-."
268
5. On these issues, evidence· was led by both the parties. which consists of the statements of the parties themselves and of the exhibits proi!iicOd;' " "
s> 'th{<~PljliC_~t, in" his statement before 'the court. ~ stated that he worked for the _opponent f~m 11-6-77 tip,. 17-2-79; he was not" given any notice of-termination of ~~; vices, nor paid his legal dues; he was given a leave card, but it· was taken· back:, 'by - the Opponent and, when asked to return, he refused. He has produced his letter- of. appointment, Cmxh. W-l). In all, there were 15 employees. The oppo-nent undertook to' .pay his leg<.ll- dues before the Labour Commissioner, but failed to effect the payp1ent._ In his cross, 11e has denied that he is entitled to Rs. 75/"" only and -that the opponent were ready to pay 'him before the Labour Commissioner Rs. 100/-, which the applicant refused to accept.
7. The Opponent, in his:, statement before the Court, has stated that the applicant was a student and admitted by the Opponent in his Carpentry as an apprentice; he used to attend his -school in the morning period and the Carpentry work shop, in the evemng. 'Whenever there were holidays in the school he used to work full day; the opponent had 5 regular -workmen in his establishment and, whenever there was extra work, he used to engage workers on temporary basis; the applicant was paid Rs. 1.25 for 1/2 day and Rs. 2.50 ft?r full o.ay; as there was not sufficient worK:, he had to terminate the services of various workmen; retrenchment notices were sent in- advance, but they could not be implemented because the opponent did', not hav.e sufficient ftmds to pay to the workmen; Ultimately, by notice dated 14-2-79~ the services of the applicant were telTIlinated and he was informed to collect his arrears on 17-2-79; he has produced the copy of the notice dated 14,:;2-79 (Exh. 0-1) Befor~ the Labour Conunissioner he agreed- to pay to the applicant Rs. 75/- in full and final settlement of his dues, but the applicant and the Asstt. Labour Commissioner suggested a higher amount; the opponent agreed to pay Rs. 100/-:, but the applicant refused to accept it.
In his cross, he has admitted that the Register of Employment shows 14 employees as on 1-1-79, but stated that these employees were admitted by him due to- extra work. He has admitted that the appointment letter of the applicant shows that the applicant's wages ·w.ere Rs. 78/- per month or Rs. 3/- per day. The Notice Exh. 0-1 was displayed on the Notice Board. Although he had called the workers to collect their dues on 17th, he could not pay them.
8. r .shall deal first with the preliminary issue of lack of jurisdiction:
r should say that the opponent did not try to show how this Court lack~ jurisdiction to entertain this application. The only :Point that he has clarified in his written arguments is that this court would lack jurisdiction to entertaih the applicants claim for gratuity since under the Payment of Gratuity Act, which is a self contained code, the applicant had to file his -claim, if any. before the authorities prescribed in the said Act, following the procedure provided therein. He has relied on the Supreme Court Ruling in the case of State of , Punjab Vis. Labour Court, JUIl.Wlder and others in 19S0·r Supreme Court Cases page 4.
I fUlly, endorse the opponent's contention in this regard, in view of the Supreme Court Ruling quoted above, wherein it was held that a claim. for gratuity cannot be made Under Section-, 33C(2) of the Act, but the applicant has ·to make it under the prOVisions of the Payment of GratUity Act and before the authorities mentioned therein. Hence, except for the claim for gratuity for which this court has no jurisdiction, the other claims of the applicant can be dealt with by this court and there is nothing to bar the' jurisdiction of this court to entertain ~em.
SERIEK IlNo. 20
"9." Coming now to tit" oth"", issues:
The appointment letter Exh. W-i' showstnat ilie applicant was·- a':)pofuted as helper. on '1l..,6-77.:_,with- a· monthly'· salary of Rs:' 78/- or Rs. 3/- per day. According to the applicant, his _selvices were tenniD.ated on 17-2-1979, whilst, according to the oppOnent, they were terfuihated- on 14-2-1979. However, from the 'notice Exh. -0-.1 it is"' clear that' the applicant and the-ot.hers mentioned 'in the notice were to be retrenched'only on 17-2-1979. nenc,," it can be safely admitted that the ~pplic~,nt worked for the opponent till 17th F~bruary.
10. Although, accordi.ilg- to -the-' opponent,.t- notices ,were issued by him -,regarding the retrenchment of his employees and, &~ttedlY, the' opponent did . not act on the b~is of the said notices, We, have to conclude- that the, only notice ,on the basis -cf which the applicant was retrenched is the one ·marked as Exit. ()'1, dated 14-2-79. It is an admitted fact, that the applic~mt was not paid, any amounts at the time of his retrenehment on ~7-2-79.
11. ~['he Opponent, in 'its written arguments filed, has contenq:ed that' the app1icant~· as-'per the Attendance Register and Wage ,R;egister produced, was working as a part time apprentice and, therefore, the provisio~ of the I.D.A. are not applicable to him under Section 18 of the Apprentices Act 1961. This c::mtention however, cannot be upheld, because it is not proved by the opponent that he has executed an apprenticeshi':) contract with the 'applicant; that such contract have been r;;gistered before the authority prescribed by' the apprentice Ad and that he has complied with the other proVisions of this Act.
1'~. I,et us see, now what is the compensation the applicant is'. entt:led to, due, to !tis retrenc~ent:
, The ~pplicant has claimed from .February 1979, as his minimum salary, Rs. 130/- per month under the notification No. 1/227/73-LAB/Part II published in .the Official Gazette, Series I, dated 8-2-1979.
Si:h0~ the salary of the applicant, as per the said Notification, is Rs. 130/- per month or as. 5/- per day from 1st Februa.ry, 1979 and since he has worked for 1 year and 8 month:;, i. e. 2 years for the purpose of Secqon 25F(b) of the Act, his compensation will be as follows:
15 days wages of the average pay for the 1st year at the rate of Rs. 78/- per month, Rs. 39/-.
15 days wages of the average pay for the 2nd year (78X7 + 130~ 85), Rs. 42.50.
Total retrenchment compensation will be Rs. 81-50 Notice Pay of one month under Section 25F(a), Rs. 130/- Wages of 17 days of February at the rate of Rs. 5/- per day, Rs. 85/-~
13. Regarding January Wages, there is nothing to show that any part of the said wages is due to the applicant. Shniiarly, l~egarding leave wages, the· applicant has not proved that he has at 'his credit any leave. Hence, Utese requests cannot be granted.
14. Ii'inally, l'egarding bonus, since it is proved. that till Februa.ry, 1979, the opponent had more than 10 workers in his Company, he has to pay to the applicant oonus for 1978-79 at the rate of 8.33 per cent, which works out in Rs. 86/-.
15. In view of the above,. 1 pass the follOwing. Order. The Opponnnt is directed to pay to the applicant retrenchment compellSation of Rs. 81.50,- !,!otice Pay, Rs. 130;"·, 17 days wages for February, 1979, at the rate of Rs. 5/- per day. Rs. 85/-, and bonus for the year 1978-79, Rs. 86/-, plus Costs of Rs. 100/-.
:1'
Dr. Renato de Noronha Presiding Officer,
LabotU' Court.
GOVT. PRINTING :f'RESB -~ GOA
(Imprensa Naclonal - (}oa,
FRICE - R.s. 1-20 Ps.
