This Gazette may contains Multiple Subjects

REGISTERED No.DL—33001/99

The Gazette of India

PUBLISHED BY AUTHORITY

No. 2] NEW DELHI SATURDAY, JANUARY 13, 2001/PAUSA 23, 1922 Separate Paging is given to this Part in order that it may be filed as a

separate compilation

PART II—Section 3—Sub-Section (ii)

Statutory Orders and Notification (issued by the Ministries of the Government of India

(Other than the Ministry of Defence)

(101)

2 GI/2001102 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PA*T II—SBC. 301)]

MINISTRY OF COAL

New Delhi, the 1st January, 2001

SO. 11 .—Whereas it appears to the Central Government that coal is likely to be obtained from the lands in the locality mentioned in the Schedule hereto annexed;

Now, therefore, in exercise of the powers conferred by tub-section (I) of section 4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the said Act), the Central Govern- ment hereby gives, notice of its intention to prospect for coal therein;

103 The plan bearing No.MCL/SAMB/CGM(CP and P)/Manoharpur/00/19, dated the 28th April, 2000 of the area covered by this notification can be inspected at the office of the Chief General Manager (Coal Project & Planning), Mahanadi Coalfields Limited, Jagriti Vihar, Burla, Sambalpur-768018 (Orissa) or at the office of the Collector and District Magistrate, Angul, Orissa or at the office of the Coal Controller, I, Council Hous_ Street. Calcutta.

All persons interested in the land covered by this notification shall deliver all map¹;, charts and other documents referred to in sub-section (7) of section 13 of the said Act, to the officer-in-charge/Head of the Department /Revenue/ Estate), Mahanadi Coalfields Limited, Jagriti Vihar, Burla, Sambalpur-768018 (Onssa) within ninety days from the date of the publication of this notification in ihe Official Gazette.

SCHEDULE

Manoharpur Block

Ib Valley Extension Coalfield

District Sundargarh (Orissa)

All rightt

(Plan bearing No. MCL/SAMB/CGM (Coal Project & Planning)/Manoharpur/00/19 dated the 28th April, 2000) Village

SI. No.

Police Station and Number

Hemgir/72 Hemgir

Sahashapur

1.

Hemgir/71 Hemgir

Kutabaga

2.

Hemgir/70 3.

Hemgir Hemgir

4.

Hemgir/106 Herrjgir/107 Darubaga Manoharpur Paramanandapur

Hemgir/108 5. 6.

Hemgir Hemgir Hemgir

Kathapali Ghumudasan

Hcmgir/104 7.

Hemgir

Hemgir

Japti Jungle

8.

Boundary description

District/Stale

Area in Acres Remarks

Tahsil/Sub Division

Sundargarh/Orissa

Full Sundarga rh/Orissa

685.80 492.83

Full Sundargarh/Orissa

Full Sundargarh/Orissa Sundargarh/Orissa

1341.76 1433.20 396.59

Full Full Sundargarh/Orissa Sundargarh/Orissa

937.76 668.J2

Sundargarh/Orissa 420.00

Full Full Full Total 6376.06

(Approximaiely) or 2580.356 Hectares (Approximately)

A—B • The line starts from point 'A' which is the trijunction point of vi'lages Iripashira, Bilijori Reserve Forest and Ghumudasan. It moves along the northern, eastern and southern boundary of village Ghumudasan, eastern boundary of village Manoharpur upto point 'B' which is the trijunction point of villages Manoharpur, Kathapali and Dulunga.

n_C—D * From point 'B' the line proceeds towards south along the eastern and southern boundary of village KathaDali upto point 'C\ From here the line proceeds towards north along the western boundary of village Kaihapali, Paramanandapur, Darubaga, southern boundary of village Kutabaga and western boundary of village Sahashapur upto point 'D\

D—E—A • From point 'D' the line moves towards East along the northern boundary of villages Sahashapur, Ku- tabaaa and Darubaga upto point 'E'. The line then moves towards north and south along the western and eastern boundary of Japti jungle and northern boundary of village Darubaga and Manoharpur and western boundary of village Ghumudasan and meets at the starting point 'A'.

[No. 43015/7/2000-PRIW]

S. KRISHNAN, Dy. Sccv104 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SEC. 3(fl)J ORDER

New Delhi, the 1st January, 2001

S.O. 28.—Whereas en the publication . of the notification of the Government of India in the Ministry of Mines and Minerals, De- partment of Coal Number S. O. 155 dated the 4th January, 2000, in Part-II, Section 3, Sub-Section (ii) of the Gazette of India dated the 15th January, 2000 issued under Sub- Seciion (1) of Section 9 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (2.0 of 1957) (hereinafter referred to as the . said. Act), the rights in or over the lands described' in the Schedule appended to the said notification (herein- after referred to as the said rights) vested abso- lutely in the Central Government free from all ea- cimibrance under Sub-section (1) of Section 10 of the said Act;

And whereas the Central Government is satis- fied that the South Eastern. Coalfields Limited. Bilaspur (Mrvdhya Pradesh), a Government Company, (hereinafter referred to as the Com,- prmy), is willing to comply with such terms and conditions) a-> the Central Government thinks fit to impose in this behalf;

Now, therefore, in exercise of the powers con- ferred by Sub-section (1) of Section 11 of the said Act, the Central Government, hereby directs that the said rights in or over the land, so vested, shall, with effect from the 15th January, 2000 instead of continuing to so vest in the Central Government, vest in the said Company, subject to the following terms and conditions, namely :—

1. the s'lid Company shall reimburse, the Central Government all payment made in respect of compensation, interest, damages and the like, as determined under the provisions of the said Act;

2. a tribunal shall be constituted for the purpose of determining the amounts payable to the Central Government by the said Company under condition (I), and all expenditure incurred in connec- tion with any such tribunal and persons appointed to assist the tribunal shall be borne by the said Company ana simi- larly, all expenditure incurred in respect of all legal proceedings like appeals, etc., for or in connection with the rights in or over the said land, so vesting shall also be borne by the said Company; .3 the said Company shall indemnify the Central Government or its officials against any other expenditure that may be necessary in connection with any proceedings by or against the Central Government or its officials regarding the rights in or over the said lands so vesting.

4. the said Company shall have no power to transfer the said lands to any other person without the previous approval of the Central Government; and

5. the said Company shall abide by such directions and conditions as may be given pr imposed by the Central Go- vernment for particular areas of the said lands, as and when necessary.

[No. 43015|17|96-LW|PRIW] S. KRISHNAN, Dy. Secy.

1<# MINISTRY OF HEALTH & JbAMU-Y W£LFAR£ (Department of Health) New Delhi, the 1st December, 2000 S.O. 29.—Whereas in pursuance of. clause (b) of Sub-section (I) of Section 3 of tthp Indian Medical Council Act, 1956 (102 of 19?6.) Dr.(S. Chandrashekar Shetty, No. 150, 1st Main Rodd, M.L.A. Layout £.. T. Nagar, Bangalore has been elected by the Senate of Rajiv Gandhi University of Health Sciences, Karnataka on 16-10-2000 to be,a¹ member of the Medical Council of India with effect from 16th October, 2000.

Now, therefore, in pursuance of the provision of Sub-section (1) of Section 3 of the Said Act, the Central Government hereby makes the following further, amendment in) the Notification of the Government of India in the then Ministry of Health number S.O. 138, dated the 9th January, 1960, namely:— r In the' said notification, under the heading, 'Elected under clause ,(b) oi Sub^ec^on^) of Section 3', the following serial number and entries shall be added, namely :—

"76. Dtr. S, Chandrashekar i ,(Rajiv Gandhi Setty, University of Health, No, LJQ, r Sciences" 1st Main Road, MX,A. Layout, Bangalore.

[No. V-11013|23|2000-ME(UG)) S. K. MISHRA, Under Secy.

New Delhi, the 4th December, 2000

number S.O. 138, dated the 9th January, 1960, namely :—•

In the said notification, under the heading, 'Elected under clause (b) of Sub-section, (1) of Section 3', for serial number 35 and the entry re- lating thereto, the* following serial number and entry shall be substituted, namely :—

35. Dr. F. U. Ahmad Dibrugarh University" S.O. 30.—Whereas in pursuance of clause (b) of Sub-section (1) of Section 3 of the Indian Medical Council Act, 1956 (102 of 1956) Dr. F. U. Ahmad, Principal Incharge, Assam Medical College, Dibrugarh has been elected by the Court of Dibrugarh University on 28-9-2000 to be a member of the Medical Council of India with effect from 28th September, 2000.

Principal Incharge, Assam Medical College, Dibrugarh.

[No. V-11013|22|2000-ME(UG)] Now, therefore, in pursuance of the provision of Sub-section (1) of Section 3 of the said Act, the Central Government hereby makes the following further amendment in the Notification of the Go- vernment of India in the then Ministry of Health

P. G. KALADHRAN, Under Secy.

New Delhi, the 22nd December, 2000

S.O. 31.—In exercise of the powers conferred by Sub-Section (2) of Section 10 of the Dentists Act (16 of of 1948), the Central Government, after consulting the Dental Council of India, hereby makes the following further amendment in part-I of the Schedule to the said Act namely :—

InPart-I of the said Schedule against serial number 47 of Rajiv Gandhi University of Health Sciences, Bangalore and the entries relating thereto, the following entries will be added namely :—

2

3

1

4

(i) M.D.S.

47.

Master of Dentral Surgery. The following dental qualifications shall be a recognized qualification when granted

Oral & Maxillofaclal Sur- gery.

Rajiv Gandhi University of Health Sciences (RGUOHS), Bangalore.

107 1 Z 3

4

(ii) Prosthodontics.

(RGUOHS), Bangalore.

on or after the date indicated against each in respect of following specialities of the P.G- students of PMNM Dental College & Hospital, Bagalkot

(i) Oral and Maxillofacial Surgery 1,2-5-2000

(ii) Prosthodontics 26, 28-3-2000.

[No. V-12018/17/2000-PMS]

S. K. RAO, Director

1976 the Central Government hereby notifies follow ins

office under the Administrative contrl of Ministry of Com-

munications, Department of Telecommunications inhere of

more than 80 per cent staff have acquired working tnowledae

of Hindi.

Chief General Manager Telecom

Karnataka Circle, Bangalore.

General Manager Telecom. Office.

Dsvanaere.

[No. E-11016M/WO.L.))

KAILASH DUTTA, Oy. Director MINISTRY OF COMMUNICATIONS

(Department of Telecommunications)

(Official Language Section)

New Delhi, the 19th December, 2000

• S.O. 32.—In pursuance of nil* 10(4) of the Official Language (use for official purposes of the Union) rules,108 ^THB GAZETTE OF 1NDI& : JANUAJEOU?, 2001/PAUSA 23, 1"22 [PAHT 11-iSfiC. 3(ii)] MINISTRY OF ENVIRONMENT AND

FORESTS

New Delhi, the 3rd January, 2001

S.D. 33.—In pursuance of Sub-Rule

(4) of Rule 10 of the Official Language (use

for official purpose of the union) Rule, 1976,

the Central Government hereby notifies the

following offices under the administrative con-

trol of the Ministry of Environment & Forests,

the 80% staff whereof have acqltiired a work-

ing *$p%\$& gfpi^—'

1. Indian Institute of Forest Manage- ment, Bhopal, Madhya Pradesh.

2. Directorate of Forest Education.

Dehradun.

3. Forest (Conservator (Central) Regio-

nal Office, Chandigarh.

4. C. B. Pant Institute of Himalyan,

Environment and Development,

Almora.

[No. E-11011/31/88-OL(l)] BALDEV RAJ, Director (O.L.) 109

DEPARTMENT OF SPACE

Bangalore, the 27tb. December, 2000

S,O. 34—In cxeiLise of the oo W i : l' confcired by the

pioviso to ailide .iO9 read with rule 4 of Department of

Space Employees' (C Inssificition, Conliol and Appeal)

Rules 1976, the President hereby makes the following rules

further to amend the Department of Space Employees'

(Classification, Confrol and Appeal) Rules, 1976, namcJy:—

1. (I) These Rules may be cplled the Department of

Space Employees' (CLissificatioij Control MIU Appeal)

Amendment Rules, 2000.

(2) They shall come into force on the date of their pub-

lication in the Official Ga/etlo.

2. In the Department of Spice Employees' (Classifica-

tion, Control and Appeal) Rules, 1976, in Rule 12 after

si|b rule (2) the following vub-rulcs shalj be lnseitcti namely:

2(A) The disciplinary authority shall forward or cause to

be forwarded a copy of the leport of the inquiry, If any,

held by the disciplinary authority or where the disciplinary

authority is not the inquiry authority, a copy of the repqrt

of the Inquiry Authority together with its own tentative rea-

sons for disagieement, if any, with the findings •of inquiring

authority on any tiiticle of charge to the Government ser-

vant who shnll be required to submit, if he FO desires, his

wutten representation or submission to the disciplinary

authority within fifteen days, irrespective of whether tno

report is favouiable or not to the Government servant.

2(H) The disciplinary authority dhdll considei Ihe repre-

sentation, if a n yj E u b r n i t t ed by t ho G o v e r n m c nt ,e l v a n( flnd 2 G1P001— 21^0 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SEC. 3(iijfl record its findings before proceeding furtner in tne matter as gpecified in sub-ruJes (3) and (4)."

[No. 2|5(1)|98-V] VANI RAMACHANDRA, Under Secy.

Foot Note :—Principle Rules were published vide S.O. No. 270(H dated 1-4-1976 in the Gazette of India (Extra-ordinniyi Part-TT, Section-3, Subsection (ii) dated 1-4-1976 anil have been subsequently amen- ded bv :—

Date

S.O. No. SI. No. Notification No. D,Ue

1.

780

2ll()(32)|76-I

12-3-1977

10-2-1977

2.

2127 25-6 1977 2|10(32)|76-I 16-5-1977

3.

27-8-1977 2|IO(27)j76-I 1-8-1977 2709

4.

585

15h2-1978

25-2-1978 2|7(5)|77-I

' 5.

27-5-1978 1780

2|7(5)|77-I

17-6-1978 6, 219(12)[74-III 16-3-1979 1178 7-4-197* 7.

26-5-1980 1684

9|4l)|80-III

21-6-1980* 8. 9|4(l)|80-III 5-9-1980 : !586

27-9-1980 9. 9|4(l)|80-m

3299

13-10-1980

29-1MR90 10. 9|4(1)|8()-1II J3-10-198O 3300 29-11-1989 11.

215

9J4(l)|80-m 20-12-1980

17-1-1981 12. 2|8fl)|8M

28-8-1981 2592 3-10-1981 13. 2|8(1)|8M 16-7-1982 3113

4-9-1982 J4.

29-7-1985

2|9(1)|83-T(V)

14-9-1985

4280

15.

510

2|5(1)|85-V

2-1-1986

8-2-1986 16.

511

8-2-198S 2[9(1)|83-I(V) 2-M986

17. 2|5(1)|86-V

17-3-1986 1309 29-3-1986 18. 2|5(2>]86-V 20-10-1986 3874 15-11-19S6 19. 2|5(l)|90-VI

1-1-1991 99

9-2-1991 30.

15-11-1991

1-2-1992

334

2|5(2)|86-V (VI) (Vol, III)

21. 2|5(1)|91-VII 23-10-1992 2R91 21-11-1992 22. 2I5(1)|95-V 24-3-1995 1029 15-4-1995 23.

28-10-199J 2|5(1)|9I-V 12-10-1995 2856

24. 2|5(1)|91-V

27-3-1996 1241 20-4-1996 25

83

2|5(1)|85-V

J0-1-199S

23-12-1997

26. 2|5(1)|98-V

30-6-2000 1763 5-8-2000 MINISTRY OF CHEMICALS AND FERTILIZERS

(Department of Fertilizers) New Delhi, the 12th December. 2000 S.O. 35.—In pursuance of sub rule (4) of the Rule 10 of the Official Language "Use •for official purposes of the Union" Rule, 1976 the Central Govt. hereby notifies tjie follow- ing office, under the Administrative Control of Ministry of Chemicals & Fertilizers Department of Fertilizers, more than 80% staff whereof have acquired the working knowledge of Hindi:—

Paradeep Phosphates Ltd., Corporate Office, Bhubaneswar, Orisa.

[No. E-llOll/5/93-ffindi] NARENDER KUMAR AGGARWAL,

Addl. Industrial Adviser I ll ZOI/2001- 1112 THEGAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23 1922 [PART II—SEC. 3(ii)]

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

New Delhi, the 3rd January, 2001

S. 0. 36.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the Model described in the said report (see the figure given below), is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by the third proviso to sub-section (3) and sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model in respect of automatic weighing machine (Wing with Auger filler) of model (herein referred to as model) manufactured by M/s. Nichrome India Ltd., Gate No. 707, 770, 772, Kandala (Taluk), Satra (District), Maharashtra and which is assigned the approval of Model mark IND/09/2000/162;

The model is a Automatic weighing machine (Auger filler). The capacity range is for 5g to 125g. It is used for non- frcc flowing products such as milk powder, coffee powder, ground spices, tooth powder, chemical and Pharmaceutical powder, clc The range of filling is 60 pouches per minute. The instruments operates on three phase AC 440 volts, 50 Hz.

[F. No. W.M.-21(95)/98]

P. A, KRISHNAMOORTHY, Director, Legal Metrology 113114 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART U—SEC. 3(ii)J

New Delhi, the 3rd January, 2001

S. O. 37.—Whereas the Central Government, after considering the report submitted to It by the prescribed authority, that the model described in the said report (see the figure given below), " in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by the third proviso to sub-section (3) and sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model in respect of automatic weighing machine (wing with cup filler) of model (herein referred to as model) manufactured by M/s. Nichrome India Ltd., Gate No. 707, 770, 772, Kandala (Taluk), Satra (District), Maharashtra and which is assigned the approval of Model mark 1ND/O9/2OOO/163;

The Model is a Automatic weighing machine (wing with cup filler). The capacity range is for 5g to 125g. It is used for free following products such as tea, instant coffee, pulses, grams, detergents, chemicals and pharmaceutical powder etc. The range of filling is 60 pouches per minute. The instrument operates on three phase AC 440 V, 50 Hz

[F. No. W.M.-21(95)/98]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 115116 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SEC. 3(ii)l

New Delhi, the 3rd January, 2001

S. O. 38.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the model described in the said report (see the figure given below), is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by the third proviso to sub-section (3) and sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model in respect of automatic weighing machine (Electronic weigh filler) model of Autowrap BD 8/20 andBD 16/32 (herein referred to as model) manufactured by M/s. Nichrome India Ltd. Gate No. 707, 770, 772, Kandala (Taluka), Satara (District), Maharashtra and which is assigned the approval of Model mark IND/0^/2000/164;

The model is a Automatic weighing machine (electronic weigh filler) is weighing system in which self-indicating mechanism effects an automatic feed, weights given loads, fills the pouch for a pre-set weight seals the pouch and then dispenses. The capacity range is for 5g to 5000g. It is used for free flowing, non-sticky, non-duty products like tea, potato chips, confectionery, etc. The instruments operates on three phase AC 440 V. 50 Hz.

[F. No. W.M.-21(95)/98]

P. A KRISHNAMOORTHY, Director, Legal Metrology 117118 THE GAZETTE OF INDIA ; JANUARY 13, 2001/PAUSA 23, 1922 [PART H—SEC, 3(ii)]

New Delhi, the 3rd January, 2001

S. O. 39.—Whereas the Central Government, after considerihg the report submitted to it by the prescribed authority, that the Model described in the said report (sec the figure given below), is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, i 987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by the third proviso to sub-section (3) and sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model in respect of automatic volumetric filling and packing machine (Augar filler) model of Autowrap BD 8/20 and BD 16/32 (herein referred to as model) manufactured by M/s. Nichrome India Ltd. Gate No. 707,770,772, Kandala (Taluka), Satara (District), Maharashtra, and which is assigned the approval of Model mark 1ND/09/2000/165,

The model is a Automatic weighing machine (autowrap with augur filler) is weighing system in which self-indicating mechanism effects an automatic feed, weights given loads, fills the pouch for a pre-set weight, seals the pouch and then dispenses. The capacity range is for 50g to 5000g It is used for non-free flowing products like milk powder, instant coffee, ground spices, looth-powder, pharmaceutical powder etc. The range of filling is 60 pouches per minute. The instruments operates on three phase AC 440 V 50 Hz.

IF No W.M.-21(95)/98]

P A KRISHNAMOORTHY, Director, Legal Metrology I ll 2GI/2001-1112 THE GAZETTE OF INDIA ; JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SEC. 3(ii)]

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

New Delhi, the 3rd January, 2001

S. O. 36.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the Model described in the said report (see the figure given below), is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under vaned conditions;

Now, therefore, in exercise of the powers conferred by the third proviso to sub-section (3) and sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model in respect of automatic weighing machine (Wing with Auger filler) of model (herein referred to as model) manufactured by M/s. Nichrome India Ltd., Gate No 707, 770. 772, Kandala (Taluk), Satra (District), Maharashtra and which is assigned the approval of Model mark IND/09/2000/162:

The model is a Automatic weighing machine (Auger filler) The capacity range is for 5g to 125g. It is used for non- frcc flowing products such as milk powder, coffee powder, ground spices, tooth powder, chemical and Pharmaceutical powder, etc. The range of filling is 60 pouches per minute. The instruments operates on three phase AC 440 volts, 50 Hz.

[F. No. W.M.-21(95)/98]

P, A. KRISHNAMOORTHY, Director, Legal Metrology 113114 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART H—SEC, 3(ii)]

New Delhi, tUp 3rd January, 2001

S. 0.37.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the model described in the said report (see the figure given below), is-in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is Ukely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers Conferred by the third proviso to sub-section (3) and sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model in respect of automatic weighing machine (wing with cup filler) of model (herein referred to as model) manufactured by M/s. Nichrome India Ltd., Gale No. 707, 770, 772, Kandala (Taluk), Satra (District), Maharashtra and which is assigned the approval of Model mark IND/09/2000/163;

The Model is a Automatic weighing machine (wing with cup filler). The capacity range is for 5g to 125g. It is used for free following products such as lea, instant coffee, pulses, grains, detergents, chemicals and pharmaceutical powder etc. Jhe range of filling is 60 pouches per minute. The instrument operates on three phase AC 440 V, 50 Hz.

[F. No. W.M.-21(95)/98]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 115116 THE GAZETTE OF INDIA JANUARY 13. 2001/PAUSA 23. 1922 [PART II—SEC. 3(ii)l

New Delhi, the 3rd January, 2001

S. O. 38.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the model described in the said report (see the figure given below), is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varjed conditions,

Now, therefore, in exercise of the powers conferred by the third proviso to sub-secoon (3) and sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model in respect of automatic weighing machine (Electronic weigh filler) model of Autowrap BD 8/20 and BD 16/32 (herein referred to as model) manufactured by M/s. Nichrome India Ltd. Gate No 707, 770, 772, Kandala (Taluka), Satara (District), Maharashtra and which is assigned the approval of Modbl mark IND/0,9/2000/164;

The model is a Automatic weighing machine (electronic weigh filler) is weighing system in which self-indicating mechanism effects an automatic feed, weights given loads, fills the pouch for a pre-sct weight, seals the pouch and then dispenses. The capacity range is for 5g to 5000g. It is used for free flowing, non-sticky, non-duty products like tea, potato chips, confectionery, etc. The instruments operates on three phase AC 440 V 50 Hz

[F. No. W.M.-21(95)/98]

P A. KRISHNAMOORTHY, Director, Legal Metrology 117J18 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23. 1922 PART II—SEC. 3001

New Delhi, the 3rd January, 2001

S. O. 39.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the Model described in the said report (see the figure given below), is in conformity with the provisions-of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by the third proviso to sub-section (3) and sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model in respect of automatic volumetric filling and packing machine (Augar filler) model of Autowrap BD 8/20 and BD 16/32 (herein referred to as model) manufactured by M/s. Nichrome India Ltd. Gate No. 707,770,772, Kandala (Taluka), Satara (District), Maharashtra, and which is assigned the approval of Model mark IND/09/2000/165;

The model is a Automatic weighing machine (autowrap with augur filler) is weighing system in which self-indicating mechanism effects an automatic feed, weights given loads, fills the pouch for a pre-set weight, seals the pouch and then dispenses. The capacity range is for 50g to 5000g. It is used for non-free flowing products like milk powder, instant coffee, ground spices, tooth-powder, pharmaceutical powder etc. The range of filling is 60 pouches per minute The instruments operates on three phase AC 440 V. 50 Hi

[F. No. W.M.-21(95)/98]

P A KR1SHNAMOORTHY, Director, Legal Metrology 119 2GI/2OO1—4120 THE GAZETTE OF INDIA . JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SEC. 3(ii)J

New Delhi, the 3rd January, 2001

S. O. 40.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority. is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules. 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of-the powers conferred by the third proviso to sub-section (3) and sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model in respect of automatic, volumetric filling and packing machine (Cup Filler) model of Autowrap BD 8/20 and BD 16/32 series (herein referred to model) manufactured by M/s. Nichromc India Ltd., Gate No 707,770, 772, Kandala (Taluka), Satara (District), Maharashtra and which is assigned the approval of Model mark IND/09/2000/166;

The Model is a Automatic weighing machine (autowrap with cup filler) is volumetric filling systems in which self- indicating mechanism effects an automatic feed, weights given loads, fills the pouch for a pre-set weight, seals the pouch and then dispenses. The capacity range is for 2 g to 500 g. It is used for free flowing products like tea, spices, sugar, rice, salt, granules, detergents, etc. The range of filling is 60 pouches per minute. The instruments operates on three phase AC 440 V. 50 Hz.

[F. No. W.M.-21(95)/98]

P A KJUSHNAMOORTHY, Director, Legal Metrology 121122 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SEC. 3(ii)]

New Delta, the jfrtf January, 2U01

S. O. 41.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied condrtidns;

Now, therefore, in exercise of the powers conierrea oy suo-secuon (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Table Top Type) eighing instrument with digital indication of 'PST' scries belonging to high accuracy (Accuracy Class II) and with brand name "POWER" (hereinafter* referred to as the model), of manufactured by M/s. Power Scale, 2 Panchal Estate, Near Green Complex, Rita Nagar, Vastral Road, Amrarwadi, Ahmedabad -380 026 and which is assigned the approval mark IND/09/ 2000/108;

The saidf model (figure given) is weighing instrument with a maximum.capacity of 10 kg. and minimum capacity of '0 g The verification scale interval (c) is 1 g. It has a tare device with a 100 per cent subtractive retained tare effect. The Light limiting Diode display indicates the weighing result. The instrument operates on 230 volts and 50-Hertz, alternate current " er supplv;

And further, in exercise of the powers conferred by sub-section (12) of Section 36 of the said Act, the Central ,'crnmcnt hereby declares that this certificate of approval of the model shall also cover the weighing instruments of same cs with maximum capacity up to 50 kg with number of vcnficatipn scale interval (n) less than pr equal to 1,00,000 I I ,()0,0l"?) and- with ',e' value to 1 * 10\ 2* W" and 5 * 10\ k being a positive or negative whole number or equal to zero mfacturcd by the same manufacturer with the same principle, design and with th6 same materials with which, th£ approved jel has been manufactured.

[F. No. W.M.-21(l28)/98]

P A. KRISHNAMOORTHY, Director, Legal Metrology 123124. THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SEC. 3(ii)l

New Delhi, the 3rd January, 2001

S. O. 42.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions.

Now, therefore, in exercise of the powers conferred by sub-sections (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, ( Platform type) weighing instrument with digital indication of 'PST' series belonging to medium accuracy (Accuracy class III) and with brand name "Power" (hereinafter referred to as the model), manufactured by M/s. Power Scale, 2 Panchal Estate, Near Green Complex, Rita Nagar, Vastral Road, Amraiwadi, Ahmedabad -380026 and which is assigned the approval mark IND/09/ 2000/109;

The said model (figure given) is weighing instrument with a maximum capacity of 60 kg. and minimum capacity of 200 g The verification scale interval (e) is 10 g. It has a tare device with a 100 percent substractive retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and 50-Hcrtz, alternate current power supply;

And further, in exercise of the powers conferred by sub-section (12) of Section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover the weighing instrument of same series with maximum capacity up to 5 tonne with number of verification scale internal (n) less than or equal to 10,000 (n < 10,000) and with 'e' value to \*\&; 2x10* and 5*10\ kbeing the positive or negative whole number or equal to zero, manufactured by the same manufacturef with the same principle, design and with the same materials with which, the approved model have been manufactured.

[F, No. W.M.-21(128)/98]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 125126 . THE GAZETTE OF INDIA : JANUARY 13, 20017PAU5A 23, 1922 [PART II—SEC 3(ii)l

New Delhi, the 4th January,. 2001

S. O. 43.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, along with the model approval and test fesults,granted and approved by the National Weights and Measures Laboratory, department of Trade and Industry, Middle sex, England is satisfied that the Model described in the said report (seethe figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, iy87 and the said model is likely to maintain, its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by the third proviso to sub-section (3) and sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model in respect of 'automatic weighing machine with digital, indication of model 50—BM—01 series (herein¹ referred to as the model), manufactured by M/s. Indian Industrial Machines, No. 22, 4th "C" Main, further Extension, Mahalakshmi layout. Bangalore, 560086 and which is assigned the approval of Model mark IND/09/2000/134,

The said model is a automatic weighing machine with a self acting mechanism which effects an automatic feed, weighs pre-sct quantity of material and fills into the bag and acts indicates the total number of bags discharged through an electronic indicator. The machine has maximum capacity ranging from 10 kg to 100 kg ancf the output of the machine is 3- 20 fills per minute depending on the bulk density of the material, nature and quantity of the products. It fills free flowing solid products such as tea, spices, fertilizers, chemicals, plastic chips cereals, sugar, animal feeds, etc. It operates on three phase AC 440V-2Kw/h50Hz.

127 2 Gf/2001 — 5128 THE GAZETTE OF INDIA JANUARY 13, 2001/PAUSA 23, 1922 fl*knf flMter3(u))

New Delhi, the 4th January, 2001

S. 0. 44,—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, along with the model approval and test results, granted, ""K approved by the National Weights and Measures Laboratory, Department ofTradc and Industry, Middle Sox, England it. satisfied that the Model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standard* of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions,

-„. r - ™ow- therefore, in exercise of the powers conferred by the proviso to sub-section (3) and sub-section (7) of section 16 of the said Act, the Central Government hereby publishes the certificate of approval of the model in respect of automatic wcigJuHgTnachine with digital indication (hooper/tank/silo type) of "Digicon 2000" senes (herein referred to as model), manufactured bvM/s Indian Industrial Machines, No 22,4th "C Main, Further Extension, Mahalakshmi layout, Bangalore- •>60()86 and which is assigned the approval of Model mark IND/09/2000/135,

The said model is an automatic weighing machine (tank/silo/hooper type) having -a load receptor in the form of lank/silo/hooper The machine is used for weighing and discharging of more than one material from the containers suspended from or supported by one or more loadcells and having a self-acting mechanism to effect the feeding of free flowing solid materials or liquid to the weighing container The results of the indicator are given by using seven segment (LEIJ) Light emitting Diode display A tncmbcrance keypad is provided for entering set points, in-flight, least count, decimal point, etc Digital inputs and outputs are provided for feeder and discharge controls The machine has a maximum capacity weighing from 21 kg to S000 kg It is used for filling free following solid products such as tea, spices, fertilizers, chemicals, plastic chips cereals sugar, animal, feeds, as well as liquids It works on three phase AC 440 V-2Kw/h 50 Hz

[F No WM -21(19)/2000J

P A KRISHNAMOORTHY, Director, Legal Metrology 129130 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SEC. 3(ii)l

New Delhi, the 4th January, 2001

S. O. 45.—Whereas the Central Government, after considering the report submitted to it by the proscribed authority, is satisfied that the model described in the said report (sec the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions,

Now. therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Table Top Type) weighing instrument with digital indication of "M" series of High accuracy (Accuracy Class II) and with brand name •RODMAN" (hereinafter referred to as the model), manufactured by M/s Rodman Technologies Pvt. Ltd, P.O. Box 8336,31 Ujagar Industrial Estate, W.T.P Road, Dconar, Mumbai-400 088 and which is assigned the approval mark IND/09/2000/167;

The said model (see figure) is a weighing instrument with a maximum capacity of 30Og. and minimum capacity of 200 mg. The verification scale interval (e) is lOmg. It has a tare device with a 100 per cent substractive retained tare effect. The load receptor is of circular dia of 100 milimeter. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and 50-Hertz, alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover the weighing instruments of same series with maximum capacity up to 50 kg with number of verification scale internal (n) less than or equal to 1,00,000 (n < 1,00,000) and with e' value to l*H)k, 2* 10* and 5xl0k, k being the positive or negative whole number or equal to zero manufactured by the same manufacturer with the same principle, design and with the same materials with which, the approved model has been manufactured.

[F. No. W.M.-21(97)/2000]

P A. KRISHNAMOORTHY, Director, Legal Metrology 13J132 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SEC. 3(ii)]

New Delhi, the 4th January, 2001

S. O. 46,—Whereas the Central Government, after considering the repdrt submitted to it by the prescribed authority, is satisfied that the Model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act," 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of the self-indicating, non-automatic, (table top type) weighing instrument with digital indication of "Digitoola" series of Medium accuracy (Accuracy class III) and with brand name "Digitoola" (hereinafter referred to as the model) manufactured by M/s. Elpro Engineers, 4 Ground Floor, Subhalaxmi Complex, Opp : Sanghavi High School, Naranpura, Ahmedabad-380 013 and which is assigned the approval mark IND/09/ 2000/175;

The said model (figure gi\cn) is a weighing instrument with a maximum capacity of 20 kg. and minimum capacity of 40 g. The verification scale interval (e) is 2 g. It has a tare device with a 100 per cent subtractive retained tare effect. The load receptor is of square section of side 250 * 250 millimeter. The Light Emitting Diode (LED) display indicates the weighing result. The instrument operates on 230 volts and 50 Hertz, alternate current power supply ;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighirtg instrument of same series with maximum capacity up to 50 kg with number of verification scale interval (n) less than or equal to 10,000 (n < 10,000) and with 'e' value 1 * 10k, 2 * 10" and 5 * 10\ k being a positive or negative whole number or equal to zero, manufactured by the same manufacturer with the same principle, design and with the same •materials with which, the approved model has been manufactured.

[No. W.M.-21(62)/2000]

P A KRISHNAMOORTHY, Director, Legal Metrology 133134 THE GAZETTE OF INDIA '. JANUARY 13, 2001/PAUSA 23, 1922 [PART H—SEC. 3(ii)]

New Delhi, the 4th January, 2001

S. O. 47.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the Model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now. therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of the self-indicating, non-automatic, (table top type) weighing instrument with digital indication of "EWT" series of High accuracy (Accuracy class II) and with brand name "Eureka" (hereinafter referred to as the model), manufactured by M/s. Eureka Weighing Systems Private Limited, Gala No. 107, Vishal Industrial Estate, Off Goddeo Road, Near Gas Godown, Opp Syndicate Bank, Bhayandar (East) Thane (District) and which is assigned the approval mark IND/09/2000/171;

The said model (figure given) is a weighing instrument with a maximum capacity of 1 kg. and minimum capacity of 5 g. The verification scale interval (c) is 100 mg. It has a tare device, with a 100 percent subtractivc retained tare effect. The load receptor is of square section of side 275 x 275 millimeter, The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and 50-Hertz, alternate current power supply ,

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government herebv declares that this certificate of approval of the model shall also cover the weighing instrument similar accurcy and performance of same series with maximum capacity up to 50 kg with number of verification scale internal (n) less than or equal to 10,000 (n <. 10,000) and with 'e¹ value 1 * 10k, 2* 10k and 5* I0\ k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model has been manufactured

[No. W.M.-21(lll)/2000]

P A KRISHNAMOORTHY Director, Legal Metrology 135 2 G1/2001 -6 136 THE GAZETTE OF INDIA : JANUARY 13 2001/PAUSA 21, 1922 [PART II—SBC. 3(II)1

New Delhi, tlw 4lhvJ;

S. O. 48.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied thai the Model desenbed in the said report (ibe figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, W6 (60 of 1976) and the Standards of Weights and Measures (Approval of Models.) Rules, 1987 and the said model is '.ikely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of ihe self-indicating, non-automatic, (Plat form) weighing instrument with digital indication of "EWP' series of Medium accuracy (Accuracy class III) and with brand name "Eureka" (hereinafter referred to as the model), manufactured by M/s. Eureka Weighing Systems Private Limited, Gala No. 107, Vishal Industrial Esia'c Off. Goddeo Road, Near Gas Godown, Opp Syndicate Bank, Bhavandar (East) Thane (District) and which is assigned the approval mark INDAW2000/172,

The said model (figure given) is a weighing instrument with maximum capacity is 50kg. and minimvm capacity of 200g. The verification scale interval (c) is K)g. It has tare device with a 100 per cent substractive retained tare effect. The load receptor is of square section of side 50<) y *>W) millimetre. The Light tmiltiug Diode display indicates the weighing result. The instrument operates On 230 volts and 50-Hertz, alternate current power supply.

Further, in exercise of the powers conferred bj sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover Hie weighing instrument of similar make accuracy and performance of same series with maximum capacity¹ up to 5 tonne with number of verification scale internal (n) less than or equal to 10,000 (n ^ 10,000) and with 'e' value 1 * 10\ 2 - 10l and 3> 10'-. k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model has been manufactured.

INo. W.M.-21(lll)/2000].

P A. KRISHNAMOORTHY, Director, Legal Metrology 137138 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART I I ~ S E C. 3(ii)l

New Delhi, the 4rh January, 2001

S. 0.49.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Att, 1976 (60 ofl976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by siib-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of model of the self-indicating, non-automatic, (table top type) weighing instrument with digital indication of "PRT" series of High accuracy (Accuracy class II) and with brand name "Pnsm" (hereinafter *cfrrred to as the model), manufactured by M/s Yash Engineers, 30-B, Ravindra Nagar, Near Mahabal, Swami Sainrai Mamiir, jalpou iMaharashtra) and which is assigned the approval mark fND/09/2000/185;

The said model (figure given) is a weighing instrument with a maximum capacity of 25kg. and minimum capacity of lOOg The verification scale interval (c) is 2g. It has a tare device with a 100 per cent substractive retained tare effect The load receptor is of rectangular section of side 290 * 230 millimetre. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and 30-Hertz, alternate current power supply

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover ihe weighing instrument similar accuracy and performance of same series with maximum capacity up to 50 kg with number of verification scale internal (n) less than or equal to 1,00.000 (n < 1,00,000) and with 'e' value to 1 * 10\ 2 * 10" and 5*10*, k being the positive or negative whole number or equal to zero, manufactured bv the same manufacturer in accordance wjth the same principle, design and with the same materials with which, the approved model has been manufactured.

[No. W.M.-21(121)/20O(r]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 139140 THE GAZETTE OF INDIA ; JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SEC. 3(ii)]

New Delhi, the 4th January, 2001

S. O. 50.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic (Plat-form type) weighing instrument with digital indication of "PRP" scries of Medium accuracy (Accuracy class III) and with brand name "Prism" (hereinafter referred to as the model), manufactured by M/s. Yash Engineers, 30-B, Ravindra Nagar, Near Mahabal, Swami Samrat Mandir, Jalgaon (Maharashtra) and which is assigned the approval mark IND/09/2000/I86;

The said model (figure given) is a weighing instrument with a maximum capacity of 150 kg. and minimum capacity of 400 g. The verification scale interval (e) is 20g. It has tare device with a 100 percent substractive retained tare effect, The load receptor is of rectangular section of side 500 x 600 millimeter The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 Volts and 50-Hert'z, alternate current power supply ;

Further, in exercise of the powers conferred by sub-seclion (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall al$o cover the weighing instrument similar accuracy and performance of same scries with maximum capacity up to 5 tonne with number of verification scale internal (n) less than or equal to 10,000 (n < 10,000) and with 'e' value l*10\ 2*I0l and 5xl0k, k being the positive or negative whole number or equal lo zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model have been manufactured.

[F. No. W.M.-21(1-21)/2000]

P A. KRISHNAMOORTHY, Director, Legal Metrology 141

M'misliy oriVlioiiMim and Nnlurnl d as

New Delhi, the 20th December, 2000

s. o. 51.— In exeicise of the poweis conferred b> Clause (d) of Sub-section (3) of Section 3 of the Oil Industry (Development) Act, 1974 (47 of 1974), the Central Government hereby appoints, with 'mmediate effect and for a period not exceeding two years, Shri V.N. Caul, Secretary, Department of Chemicals & Petrochemicals, as a Member of the Oil Industry Development Hoard, vice Shri Arvind /errna.

[NoG-35012/2/92-Fin II]

K PK NAMBISSAN, Under Secyu, THE GAZETTE OF INDIA • JANUARY 13, 2001/PAUSHA ^3, 1922 [PARF II—SEC 3 Qifl

New Delhi, the 5th January, 2001

s. o. 52. -In pursuance of clause (a) of section 2 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby authorises the person mentioned in column (1) of the Schedule given below to perform the functions of the Competent Authority under the said Act, in respect of the area mentioned in column (2) of the said Schedule:

Schedule

Name and address of the authority

Area of jurisdiction

(2)

(1)

State of Gujarat

Shri R.M. Pandya, Deputy Collector, State of Gujarat, on deputation to the Indian Oil Corporation Limited, (Pipelines Division) P.B. No.4, P.O. Viramgam Distt, Ahmedabad Gujarat-382150

[NO.-31015/49/2000ORI] S. CHANDRASEKHAR, Under Secy.

143 2 GI/2001 -7144 THP fiA/FHT, OF INDIA , JANUARY 13, 200l/PAUSHA 23, 1922 [PART II—SEC. 3 (ii)] 145146 THE GAZETTE OF INDIA : JANUARY 13,2001/PAUSHA 23. 1922 [PART II—SEC. 3 (ii)] 147148 THE GAZETTE OF INDIA : JANUARY 13,200l[PAUSHA 23, 1922 [PART II— Sue. 3 (ii)] 149150 THE GAZETTE OF INDIA : JANUARY 13,2001/PAUSHA 23, 1922 [PART II—SBC. 3 (ii)1 151 2 GI/2001—K152 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSHA 23, 1922 [PART II—SEC, 3 (ii)] 153

Mew Delhi, the 10th January, 2001

s. o. 53.—whereas by the notifications of the Government of India in the Ministry of Petroleum and Natural Gas number S.O. 1268 dated the 16th June, 2000, issued under sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User In Land) Act, 1962, (50 of 1962), (hereinafter referred to as said Act), the Central Government declared Its Intention to acquire the right of user in the lands, specified In the Schedules appended to that notification for the purpose of laying pipelines for the transport of Petroleum products from Mangalore to Bangalore In the state of Karnataka, by M/s. Petronet MHB Limited;

And whereas, the copies of the said Gazette notification were made available to the public on 31.7.2000, 3 07 2000 and 4.8.2000 respectively;

And, whereas, the Competent Authority has under sub-section (1) of section 6 of the said Act, submitted report to the Central Government;

And, whereas, the Central Government has, after considering the said report, decided to acquire the right of user In the lands specified in the Schedule appended to this notification;

Now, therefore, In exercise of the powers conferred by sub- section (1) of section 6 of the said Act, the Central Government hereby declares that the right of user in the said lands specified in the Schedule appended to this notification is hereby acquired for laying the pipelines;

And, further, in exercise of the powers conferred by sub- section (4) of that section, the Central Government directs that the right of user In the said lands shall instead of vesting In the Central Government, vest on this date of publication of this declaration, in the Petronet MHB Limited, free from all encumbrances.

155 S C H E D U LE

STATE : K A R N A T A KA DISTRICT :DAKSHINA KANNADA

157

159

2 GI/2001 —^

161

[No.-31015/3/98 OR II-Part] HARJSH KUMAR, Under Secy 163 MINISTRY OF LABOUR

New Delhi, the 27th December, 2000

New Delhi, the 27th December, 2000 S.O. 54.— In puisuancc of Section 17 of the Industrial Dispute Act. 1947 (14 of 1947), the Central Government hereby publishes the awflid of the Ontral Government Indusrtial Tribunal/Labour Couit. Calcutta as shown in the Annfxure m the Industiij] Disfiule between the emcloyeis in relation to the man.igemsnt of State Bank of India and their workman, which was leceived by the Central Govern- ment on 26-12-2000.

[No. L-12012/47/92(B-]]I)l AJAY KUMAR. Desk Officer

5.0. 55.—In pursuance of Section 17 oE the Indusrtial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the awaid of the Industrial Tribunal/Labour Court. Kota as shown in the Annexure in the Industrial Dispute between the employers in relation to the management or the Br.nk of Rajasthan Ltd. and their workman, which was received by the Central Government on 26-12-2000.

ANNEXURE

[No. L.12012/48''94-B.I] AJAY KUMAR, Desk Office CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT CALCUTTA

Reference No. 44 of 1992

PARTIES :

Employers in relation to the management of State Bank

of India.

AND

Their Workmen.

PRESENT:

Mr. Justice B. P. Sharma, Presiding Officer.

APPEARANCE:

On behalf of Management: None.

On behalf of Workmen: None.

STATE : West Bengal INDUSTRY : Banking

AWARD

By Order No. L-12012/47/92-IR(B. Ill) dated 20-7-1992 the Central Government in exercise of its powers under section 10(l)(d) and (2A) of the Industrial Disputes Act, 1947 referred the following dispute to this Tribunal for adjudication :

"Whether the action of the management of State Bank of India in dismissing the services of Shri Shani, Sweeper-cum-Farash is justified 7 If not, to what relief the workman is entitled to ?"

2. When the case is called out today, none appears for the eithei of the parties. On the last date also no one appeared for them. It also appears from the record that on earlier several occasions, no one appeared for the union and the case was being adjourned from time to time. It is accordingly clear that the union is no longer interested to proceed with the case,

1. In the aforesaid circumstance, this Tribunal has no other alternative but to dispose of the present reference by PBSsina a 'No Dispute' Award.

2 GI/2001—10.

165

New Delhi, the 27th December, 2000

SO. 56.—In pursuance of Section 17 of the Industria Dispute Act, 1947 (14 of 1947), the Central Governmem hereby publishes the award of the Central (Wernmeni Industrial Ti [burial/Labour Court, Kanpur as shown in, lh< Annexure in the Industrial Dispute between the employer; in relation to the management of State Bank of India and their workman, which was received by the Central Govern- ment on 26-12-2000.

[No. L-12012/104/07'B. I]

AJAY KUMAR, Desk Officer

ANNEXURE

BEFORE SRI R. P. PANDEY, PRESIDING OFFICER 'CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

' CUM'-LABOUR COURT, SARVODAYA NAGAR,

KANPUR

Industrial Dispute No. 1J of' 1998

In the matter of dispute:

BETWEEN

Sri Suresh Chandra Mishia, S7o Ram BhWosey Mfshra, Gram Kakupur Rabban Post Kanpur, District Kanpur Dehat.

AND

Manager, State Bank, of India, Branch Gwaltoli, Kanpur Nagar.

AWARD

1. Central Government, Ministry of Labour, New Delhi, vide its notification No. L-12012/104/97-iIR(B) dated 16-1-98 has referred the" following dispute for adjudication to this Tribunal—

"Whether the action of the management of State Bank of India, Kanpur in terminating the services of SJiri Sureih Chandra Mishra is legal and justified"? If not to what relief the workman Is entitled ?"166 THE GAZETTJE OF INDIA : JANUARY L3, 2001/PAUSA 23, 1922 [PART II—SEC. 3(ii)J 2. J ti t he d a i ji ' - t a i L m c r .l ( l it w u i k m ^n h uj s L i ud t h ut lie was engaged us casual labour in Stale Bank of India branch (JWUUOJI Kunpur on 20-1-89 and ho woiKed tliere till 16-2-90. Ho was again employed by tne bant on zU-i-y5 as canteen boy but lie uiao ciiscnarged tne dunes ol an employee ol tiic banJc. Wnen tho worKman demanded the pay scales and ohicr amennies like legulai employees ot ihc bank his services were terminated w.e.l. lO-6-9o by an oial order. The work wmcti tne workman was peiiorming in the bank is still continuing. Thus the nianagtniL'iH or the bank ha* violated the piovisions oi iecuoii ^3>\ ^.")*.i ^inu o ri ut Uic Ai-t, because no retrenchment compensation or notice pay wa^ given to him befoie termination ol his services. On tile basis of tnese allegations he has prayed that ho be jcjnsuited m service with back wages.

3. The management has filod written statement with con- tention that rclauoiiMiip ot master and servant never existed betwijen me bauit and the concerned workman. It has been alleged that tne workman was employed as canteen boy in the canteen run by Local Implementation Committee (here- lnaiter refeired to as LIC lor the SHke of brevity). It has been alleged that the bianch manager was ex oiticio president of thai committee and that committee consisted ol employees of the bank which was running tho canteen. It has been alleged thai it was a non statutory body, hence the employees of tho LIC working in the canteen could not get the status of an mployee of the bank. The workman was also appointed as canteen boy wider control of LIC and his services were terminated by LIC hence ho has no light to get reinstate- ment in the services of the bank. It has been alleged thut regular employees of the bank get the benefit of House Allowance, Leave Fare Concession, Bonus, G.P.F., City Allowance, Casual leave and medical leave but canteen boys do not get such benefits which shows that canteen boy is not an employee of the bank. The concerned workman never demanded the aforesaid facilities while working as canteen boy. It is alleged that the workman is not entitled to get any relief against the bank and the reference is liable to be decided against the concerned workman.

3A. The workman has repeated the allegation made in the Statement of Claim in Rejoinds.

4. The workamn himself has examined as W.W. 1 and filed 4 documonts marked Ext. W-l to W-4 in support of his case. The management examined Sri Suresh Kumar Verma as M.W. I and filed 5 documonts marked Ext. AM to M-5 in support its case.

5. I have heard the representatives for both the sides anil have gone through the records of the case. The authorised representative for the management has argued that Surosh Chandra Mishra the concerned woriman was appointed as canteen boy by LIC of State Bank of IndiH branch Gwaltoli Kanpur and his services were also terminated bv that committee, hence he is not entitled to get any relief against the bank as to get reinstatement in the services of the bank. After Roins through the record of the case and evidence on the record, I find force in this contention

6. The workman has himself admitted in his state/ncW of claim that he was appointed ai canteen boy on 20-1-95 and his services were terminated 011 10^6-96. In IT'S statement on oath nl o he has stated thnt he was appointed PS canteen bov on 20-1-95 and he worked on that post till 10-6-96. He has also filed the copy of appointment letter dated 19-1-95 Ext. W-l which shows that he- was appointed as canteen boy by the Secretary of LIC State Bank of I'idia Gwnltoli Branch Knnnur H* hus also filed his termination order dated 10-6-9fi. Ext. W-4 which shows that his services were termi- nated hv the then Secretary of LIC S'atfi Bink of India Gwaltoli Branch. Kanrmr Sri Suresh Kumar Virms. branch manner State Bunk of Fnd;a Gwaltoli Hrnnch MW 1 rirmly stflf-d nti o^th tw canteen hnvs a re aonointcd Hv LIC which consists nf the employees of the bnnk and branch manaeer of the hark is ev-officin President ot thnt committee. He st.itrd that T TC ha- a .Current Arcrwit In its n°mc in the bnnl: and the salary of the canteen bov is Dfi?d from that current account of tti" TIC He has vtaterf thnt ranfecn boy worked und*"!- control mid sunivvlsion of LTC and WJK not th*¹ emnlovpf of the bank nor bank In" 'inv adrnlni^mtive control over Mm The contention of M.W. 1 ano"arq to be correct because Suresh Chandra Mishra, the concerned workman wan appointed as canteen boy by Secrcfaiy of LIC und not by any officer of the bank. The workman has not filed any document to show that he was appointed by any officer of the Bank and was ever selected for any post in the bank and was getting salary from the bank for work as a canteen boy. In view of above considerations I have no option but to hold that Suresh Chandra Mishra, the concerned workman is a canteen boy and was an employee of LIC and was not the employee of the bank. 1, therefore, hold that he is not entitled to get any relief against the bank or o be reinsinfed in the services of the bank on any post whatsoever, 7, The representative for the management his drawn my attention towards a judgment of the hon'ble Supreme Court passed in State Bank of India versus State Bank of India Canteen Employees Union, 200O, Lab 1C 1481, in which similar question was considered by Hon'ble Supieme Court and the Hon'blo Supreme Court held as under—

Even if LIC consist of employees of the cmnk and those employees are directly under the control of the bank, it cannot be held that bank is the employer of the persons working in the canteen.

A similar question was also considered by the Hon'ble Supreme Court in Employers in relation to the Management of Reserve Bank of India versus Their Workmen, 1996, Lab IC 1048 in which the Hon'ble Supremo Court held as under—

Held, in the absence of any obligation statutory or otherwise regarding the running of a canteen by tho bank in the absenco of any effective or direct control in the bank to supervise and control the work done by various persons the workers in the canteen run by the Implementation Committee (Canteen Committee) cannot be said to be employees of the RBI.

The law laid down by the Hon'ble Supreme Court in the cases cited above fully applies to the facts of the present case. The Local Implementation Committee of the State Bank of India Gwaltoli Branch Kanpur is a non statutory body and in view of the law laid down in the cases died above, I hold that Suresh Chandra Mishra Canteen boy being an employee of LIC could not get status of an employe of the bank and was not entitled to get any relief against the bank cither for reinstatement or for getting back wages as the relationship of master and servant did not exist between the bank and the concerned workman,

8. In view of findings recorded above, I hold that the workman concerned is not entitled to get any relief against the State Bank of India in pursuance of the reference made to this Tribunal.

9. The reference is answered accordingly.

R. P. PANDEY, Presiding Officer 1^7 New Delhi, the 27th December, 2000

SO. 57.—Tn pursuance of Section 17 of the Industrial Digputc Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Industrial Tribunal/Labour Court, Kota as shown in the Anne-cure in the IndustnM Dispute between the employers in relation to the management of the Bank of Rajasthan Ltd. and their workman, which was received by the Central Government on 26-12-2000.

TNo. L-12O12/204/9fi-B-I] AJAY KUMAR, Desk Officer168 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SEC. 3(ii)] New Delhi, the 27th December, 2000

S.O. 58.—In pur'uanix of Section 17 of the lndustiial Dispute Act, 1947 (14 of 1947), the Central Gov-ainment hereby publishes the award of the Industrial Tribunal/Labour Court, Kota as shown in the Annexure in the Jndustral Dispute between the employers in relation to Ihe manneement of Western Railway, Kota and their workman which was received by the Central Government on 26-12-2000.

[No. L-410t2/19/92-IR-DU(BJl] AJAY KUMAR, Desk Officer

"Whether the action of Railway Admn. (DRM, West- ern Railway, Kota) in teimiiiating the services of Shu Kailash S/o Shri Ram Ratan, T.S. tJaiiyman, w.e.f, 16-7-41 is justified? II not, what lelief the workman concerned is entitled to'?" 169170 THE GAZETTE OF TNDTA : JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SEC. 3(ii)] 171

'•33(1) During the pendency of any conciliation pr ceeding before a conciliation officer or a Boa or any proceeding before (an arbitrator or) a Labo Court or Tribunal or National Tribunal in respt of an industrial dispute, no employer shall,—

(n)

(b) for nny misconduct connected with the dispu

discharge or punish, whether by dismissal otherwise, any workman concerned in si dispute,

save with the expreis permission in writing of uuthority btfore which tho proceeding is pendin 2 QV"W—4t.

"Whether the action of RajaJthan Batik, Jaipur tbrough its TBfanch MaJiager, Motak Brtnch, District Kota for net allowing to work to Shri Rabulal Luhar from 165-98 is legal and j unified ? If not, \vh"t relief the workman h entitled to and from what date 7"

New D:lhi, the 29th December, 2000

SC 5^- In Dur ujnce of Section 17 of the Industrial Dhput; Act, 1947 (14 of 1947), the Central Government hci oy pLihli ucs tlie award of the Industrial Tnbu'ial/Labour Cou-t, Kotj as shown in the Anncxure in the Inda,trial Depute between the pmployer¹* in relation to the mnnagemen of t ie BTitk of Rajasthaq Ltd and their workmnn which WAI received by the Centra] Government on 27-12-2000.

[No. L-12012/53/99-IRfE-I)]

AJAY KUMAR, Desk Officer 175

"Whether the t^tion of the DRM, Western Railway, Ko a in reverting the workman Shn K jodlal and Shn Lodakilal. well sinker from the post of well sinker skil,cd categroy grade of Rs. 95G-—15C0 af cr h.iv ing worked for about four years, is Ier.nl and jus- tified? If not, what relief the woikrocn tonccrncc are entitled to 7"

New Delhi, the 29th December, 2000

S-O. fiO.—-In pursuance of Section 17 of the Industrial Dispute Act, 1S>47 (14 of 1947), the Central Government hereby publishes the award of the Industrial Tribunal/Labour Court, Kota as shown in the Annexure in the Industrial Dispute between the employers in relation to the managetnen of Western Railway, Kota and their workman which was received by the Central Government on 27-12-2000.

[No. L-41011/29/95-IR(B-l)] AJAY KUMAR, Desk Officer174 THE GAZETTE OF JNDIA : JANUARY 13, 200l/i"AUSA 23, 1922 fl>A"* tt*-lMe.~)0iff "Whether the action 6f Eueputive Engineer (S&C) W. Rly., Kota in not giving seniority to-Jhe Wortapnn T Shri Mohamcd Salim S/o Yasin Khan, Khalasi tik- ing into account his initial engagement as Casual Labour w.e.f. 25-12-1973 and not absorbing him in open line on permanent basis at per with the juniors is legal and justified? If not, what relief the con- cerned workman is entitled to and from what date?'¹ New Delhi, the 29th December, 2000

S.O. 61 —la pursuance of Section 17 of the Industrial llspute Act, 1947 (14 of 1947), the Central Government :reby publishes the awurd of the Industrial Tribunal/Labour .ourt, Kota as shown in the Annexurc in the Industrial ispute between the employers in relation to the management f Western Railway, Kota and their workman, which wai iceived by the Central Government on 27-12-2000.

[No. L-41012/193/94-IR(B-l)]

AJAY KUMAR, Desk Officer New Delhi, the 29th Decembw, 2000 S.O. 62.—In pursuance of Section^ p of the Industrial Dispute Act. 1947 (14 of 1947), the Central Government hereby pub- lishes the award of the Industrial Tribunal as shown in the Annexure in the rndustriaT Dispute between the employers in relation to the management of S.C.C.L. and their work- man, which was • received by thp. Central Government on 27-12-2000.

[No. L-22025/25/2000-C-II] N- P. KESAVAN, Desk Officer ANNEXURE

IN THE IMDUSTRIAL TRIBUNAL: CUM: LABOUR COURT: WARANGAL PRESENT :

Sri V. Appalanarasimham, B.Sc, B.L.. Friday, the 24th day of November, 2000 INDUSTRIAL DISPUTE (CENTRAL) No. 8 of 1998

BETWEEN :

K. Rajanarsu, Ex-General Mazdoor, S/o Rajamallu, Near C.S.I.. Church, Yellandu, Khammam Dist-507 123.

•. Petitioner.

AND

The General Manager, M/s S.C.C. Limited* Ramagundam-III, Godavarikhani. . • Respondent This Industrial Dispute coming on before me for hearing 6n 24-11-2000 upon perusing the reference, counter and all material docu- ments on. record and upon hearing Sri T. Ravinder Rao. Advocate for the Respondent, the being called absent, today this court passed the following Award :—

AWARD:

This petition is by way of reference by the Central Government of India Under Section 10(1)(d) of I.D. Act to decide "Whether Kirti Rajanarsu, Ex-General Mazdoor, Opan- cast Project-I, M/s. S.CC. Ltd., Godavari- khani dismissed from services w.e.f. 11-44993 is entitled for reinstatement with back wages? and Whether the dismissal is justified, proper

m and legal ? If not, to -what relief he is entit- led ?"

2. Petitioner absent. Petitioner has not engaged any advocate or representative. Peti- tioner has not filed Claim Statement. Petitioner is not appearing to court to pursue his case. Petition is dismissed for default. Nil Award is passed accordingly.

Written and pronounced by me in the open -ourt on this the 24th day of November, 2000.

V. APPALANARASIMHAM, Judge Appendix of Evidence: Witnesses Examined: Documents Marked;

-r-Nil— .

New Delhi, the 29th December, 2000' S.O. 63.—In pursuance of Section 17 of the In- dustrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the In- dustrial Tribunal Godavarikhani as shown in the Annexure in the Industrial Dispute between the em- ployers in relation to the management of SCCL and their workman, which was received by the Central Government on 27-12-2000.

[No. I^22025|25|200CM:-lI] N. P. KESAVAN, Desk Officer

ANNEXURE

BEFORE THE CHAIRMAN, INDUSTRIAL TRIBUNAL, CUM-LABOUR COURT, GODAVARIKHANI

PRESENT :

Sri P, Gurunadha Rao, B.Sc., B.L., Chairman- cum-Presidmg Officer.

Mqnday, the 18th tfay^of September, 2000 T TwJdstrial' Dispute No. 40 of 1996 ITff THE QA^eTTE ut imu*-: *#mfAiKr vs, 'JOQITYWMAZ3, 19ZZ [PART TP-^teC; 3(if)J- 4. Hear^'both sides.

BEtwEEw

1. Kota Ramaswamy, S|o. Ilaiah,

Aged, ,39,. ,yrv Singawni; Employee, 2. MuQumba Krishnama Cbari,

Sjo. Varada Char^. Agpd 55. ycs.\ Singareni Empjqiyefc, R|o. Q. No T-2, 207, P.H.C. Colony, Godavarikhani. —Petitioners

AND

The General Manager, ,. t . • ,. RG-II, Singafeeni Collieries Co. tyd., Oodavarikhani. —Respondent This petition coming before rat for final hearing in the presence of Sri P. Vishweswar Rao, Advocate for the petitioners and of Sri. C. S. N. Reddy, Advo- cate for the respondent and having stood over for consideration till this date, the court" passed the following:—

AWARD

5. The point for consideration is whether thfc claim- ants, are entitled to be promoted as ClerJt-Grade -II from Record-Assistant post.

6. POINT : Ex. W-l is order dt. 4-12-84 iff which the claimants were promoted as Record-Assistants in Clerical, Grade-in.

Ex. W-2 is letter dt 28;3-85 stating that the (ilafp- ants satisfactorily completed" tfiree jnbnthi' pfdbation period and therefore they' were idnfirmed as Record- Assistants, Clerical, Grade-Ill.

7. Ex. W-3 is letter dt. 26-1*2-9^ Addressed by the workers union to the General Manager (Personnel), Kothagudem requesting for prpmotipn of Ramaswamy anc! Krishnamachary to Clerical, Grade-IT.

8. Ex. J4-1 is Memorandum of, Settlepipm djt.,3-3-89". Annexure-Il contains cadre scheme fiw clemJ&l staff. It is provided¹ that Graduates with typewriting JoW?r grade certificate shall be recruited as Clerk, Grade-II.

MW-l \i sdAnlned aM Ex W-rtoGt M3 "t

\H

Exhibits

For Workman :—"

He further deposes that Krishnamachaty'and' Him- self afe not qualified in typewriting and tjiey are not ,graduates. As per £x, M-l setfleaient deed dated 3-3*19, they are eligible for promotion to Grade-II post.

Ex. W-l dt. 4-12-84—XJriaBce'drdtir.

Ex. W-2 dt. 28-2-95-^Cbtinrtnatlon letter of

petitioner Ka, 1,

He deposes in his cross-examination that in Ex. M-l setrfe'ment deed, there U no reference to the post of Record-Assistant. He admitted that Work inspector post and Record-Assistant post are Grade* III posts. *

Ex. W-3 dt. 26-!l'2-94—Representation letter of M. Komuraiah, General Sectetery^ S. C, Workers 'unton.

He further deposes that on 16-12-96. Krishnama- chary'and himself were promoted to Grade-D posts w.e.f. 1-7-95.

Ex. W-4 dt. 24[26-3-95—Representation of Y. Gattaiah, Central Vice-Ptesident of S.C. workers unfdn.

12. WW-2 Mudumba Krishnamachary, Claimant

No. 2. He also dttposiis the same as WW4.

Ex. W-5 dt. 7-6-95 -

For Management ;— • "; 'fl *• ( • 13. MW-1 is Sri K. Chondramouli, Deputy Per- sonnel Manager. He deposes that Claimant No. 1 was working as Record-Assistant. Prior to his promotion, he was working as peon. Claimant No. 2 was .also promoted .fjrorn the poet of peon. The claimants ate not entitled to promotion to clerical, Orade-Il poit

Ex. M-l,'d't, 3-3-^9—^Memprandui^ of settlement t^tWnManagement of SCCX- and Repre- Senfativr's of Uition of workmeiii He fuitheT deposes that the claimants were promo-

Ex, M-2 dt. 12116-12-96—Office order.

ted to technical, grade-D post.

Ei. ,M-3 dt^ f23-12-$5-TCircular issued by

General Manager, RG-I.

T4. Tfie claimants Are not covered by the settle- ment dated 3-3-89 since the Reootd Assistant posts ate not covered by the said settlement.

The claimants do n6t 'have rtimtmuni educational qualification as required for the pdit Of Clerk, Grade-H.

There is no evidence to show that the claimants have passed Intermediate examination or 10th class examination. t

I therefore, consider tbaf the claimants are not entitled to be promoted to the post of Clerical Grade-n from the Record-Assistant post. Hence, I answer the reference accordingly.

New Delhi, the 29th December, 2000 In the result, the reference is answered against th_e claimants. The claimants are not entitled to be promo+cd to the post of Clerical Grade-II from the post of Recorti-Assistant since they do not possess minimum educational qualification such as Pass in Intermediate examination or 10th class examination.

Tvped to my dictation, cqrrectcd and pronounce- ed by me in the open court on this, 18th day of September, 2000.

P. GURUNADHA RAO. Chairman- cum-Presiding Officer.

S.O. 64.—In pursuance of Section 17 of the In- dustrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award Of the Iri- dustrial Tribunal Godavarikhani as shown in the Annexur; in the Industrial Dispute between the em- ployers in. relation to the management of S.C.C.L., and their workman, which wds received by the Cen- tral Government on 27-12-2000.

T

Apn^rdi^, of Evidence Witnesses examined

fNo. L-22025/25/2000-C-II] N. P. KESAVAN, Desk Offiw For Workman :—

ANNEXURE WW-1—Kota Ramnswnmy, Record-Assistant.

WW-2—Mudambn Krishnamachary, Retired

BEFORE THE CHAIRMAN, INDUSTRIAL TRIBUNAL., CUM-LABOUR COURT, GODAVARIKHAN[ employee.

For Management.

PRESENT :

Sri. P. Gurunadha Rao, B.Sc, B.L., Chairman- M\V-1—K. Chandramouli, Dy. Personnel Mana- ger, RG-I, S.C, Co. Ltd., Godavarikhanl.

cum-Presiding Officer.

It appears that the petitioner wai terminated on

- Tueed*y~fhc ifthrDay of October, 2000

Industrial tittpute" No. 49 of 1997

BETWEEN

Kasipaka Styankar^Slo. Poshaiah,. Age 38 yrs., Oce: Ex-Badli Filler, VIUJ and Post- Irukula Duishcl, Dist. Karimnagar. —Petitioner.

. AND.

1. Colliery Manager, *'

GDK, No. VII A Indltte, Godavarikhani.

2: 'General' Manegier, '

Smgareni CoHicrics, RG-1, Godavafcikhani.

3. Managing Director,

S,CT Company Ltd, Kothagudem, Dfst. Khammam, Post" Kothagudem. —Respondents.

This petition coming before me for final hearing in jthe^ presence of Sri, S Bhagavanlha Rao, Advocate 'for the.petitioner and of Sri. C. S. N. Reddy, Advo- cate for the respondents and having stood over con- sideration till this date, the court passed the following :--

AWARD

T. This is' a petition fifed U|". 2-A(2) of the In- dustrial Disputes Act, 1947, as amended by A. P. Amendment.Act, 4-987.

- Facts of the case briefly are as follows :—< The petitioner was appointed as Badli Filler on lt-1-78. The petitioner fell sick for 15 days in Janu- ary, 1981; He was removed from the service on 21-12-81. The petitioner worked for more than 240 tlsys before he Wai removed from the service "

• i. , f

Respondent No 2 filed counter starting that the petitioner was removed front the service oh the grtbund ol unauthorised absenteeism.

3. Ex.. W-l to Ex. W-5 are marked on behalf of tli; petitioner.

Ex M-l to Ex. M-3 are marked on behalf of the respondents.

A Heard both sides. 5. The point for consideration is whether the peti- Mnnir can be reinstated into service.

•6. POINT :—Ex. W-l is appointment letter dt. 7-9 80. The petitioner' was appointed as badli-filler temporarily for a period of'three months.

Ex W-2 is another appointment letter dt. 8-4-81. It *how that the petitoner was again appointed as badli-nller on piece- rate wages.

Ex W-3 is letter dt. 14-2-92 Tt shows that the peti'iqner a/ppHed for reinstatement nnd his applica- tion was not considered for re-appointment.

Ex. W-4 is letter dt. 3-40-89. It shows that the services of the peitioner were terminated in 1983 for absenteeism and therefore, his application*dt. 14-7-89 was. not considered,

9-9-80, -

t He. was re'app^lned w.e.f., fO-4-81, Again he' was terminated in 1983. For that, the petitioner applied for reinstatement on 14-7-89 and it was rejected on 3-10-89.

The petitioner again represented by filing an appli- cation dt.'13-5-91 for reinstatement and it was re- jected on 14-2-Q2.

•• The prdsent petition wab filed on 27-12-96 i.e., •13 yedrs afier he • was removed from the service in 1983.

• 7 "Ex. yt-\ Is application of the petitioner dated 14-7-89. It sno\^ that the petitioner was terminated in th" year 1983 due to absenteeism.

The petitioner applied for reinstatement six years after he was removed from the service.,

r

Ex. M-2 js fljpphcation of the petitioner dt. 13-5-91. It shows that the petitioner filed many petitions to the respondents for his reinstatement, but he wa$ not reinstated.

8. The petitioner .was finally removed from J the service in the year, 1983 for absenteeism. The present petition was filed on 27-12-96, i.e.*, more then 13 years after his removal.

It appears thait the petitioner did not question his removal from the service for absenteeism prior to filing this petition.

The petitioner was filing application lo the res- porfdents for his reinstatement and they were being ' rejected. *

9. The respondent cited a decision reported In Nedungadi Bank Ltd., Vs. K. F. Madhavan Kutti AIR 2000 Supreme Court Page 839.

In Para No. 6, it was held "Law does not -pres- cribe any time limit for the appropriate Government to exercise powers U|s. 10 of the Act. It is not that this power can be exercised at any point of time and to revise the matter which had since been settled. Power is to be exercised reasonably and in a rational manner. There appears to us to be no rational baTis on which the Central Government has exercised powers in this case after lapse of about 7 years of order dis- mis&inE the respondent from the service. At the time reference was made, no industrial dispute exist or would be even said to have been apprehended A dilute which is stale could not be the subject matter of the reference Uls. 10 of the Act As *o when a Dispute cm be said to be stale would depend on the facts and cricums^nces of each case When the matter hac become final, it aouears to us to be ra'her in- congruous that the reference be mfldp Uls 10 of the Ac* in "Tie circumstances ltke the present one Tnfact, it ronid be said tha* there was no dismite pendinu at the time when the reference in ouestion was made. The only ground advanced bv the respondent was that two ofher rmpioveei who were dismissed from service were reinstated. Under that . circumstances 179 they were dismissed and subsequently reinstated is nowhere mentioned. Demand ralised by the respondent for raising Industrial Dispute was ex-facic bad and incompetent".

It can be deduced from the above decision, that a petition for reinstatement cannot be made after lapse of reasonable dmc even-though there is no limitation prescribed for filing petition U|s. 2-A(2).

New Delhi, the 29 th December, 2000 10. In the present case, the petitioner was re- moved from the service in the year, 1983 on the ground of absenteeism. But it was mentioned¹ in the petition that the petitioner was removed from the service on 21-12-81.

S.O. 65,—In pursuance of Section 17 of the In- dustrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Awiud of the In- dustrial Tribunal, Warangal as shown in the Annexuie in the Industrial Dispute between the employers ir relation to the management of Heavv Water Project and their workman, which was received by the Centra Government on 27-12-2000.

He was requesting the respondents for reinstate- ment, but his request was not considered. Finally, he filed the present petition in the year, 1996, i.e., 13 years after his removal from the service. Hence, I consider that the petitioner cannot be reinstated into service.

[No. L-22025|25|2000-C-I1 N. P. KESAVAN, Desk Officej In the result, this petition is dismissed. Each party

ANNEXURE do bear their ov^n costs.

Typed to my dictation, corrected and pronounced

IN THE INDUSTRIAL TRIBUNAL, CUM- LABOUR COURT, AT WARANGAL by m; in the open court on this, 17th day of October, 2000.

PRESENT :

Sri. V. Appalanarasimham, B.Sc.B.L.,

Judge.

P. GURUNADHA RAO, Chairman-cum-Presiding Officer

Appendix of Evidence

Wednesday, the 20th day of September, 2000 Industrial Dispute (C) No. 14 of 1997 Witncises-examincd

BETWEEN For woikman: Nil. For Managenment:Nil.

Exhibits

E. Veeramallu S|o Buchaiah, R|o Ashwapur(M), Chintriyal-X-Road, Khammara. ..Petitioner.

For workman:-—

AND

Ex. W-l dt. 718-9-80—Appointment letter.

Fx. W-2 dt, 819-4-81—Appointment letter as batili

filler.

The General Manager, Heavy Water Project, Manugur, Dist. Khammam.

Ex. W-3 dt. 14-2-92—Letter issued t0 the peti-

tioner by the General Manager, Personnel.

Ex. W-4 dt. 3-10-89—Letter addressed to the petitioner by Director, Personnel, Admn. & Welfare.

Ex W-5 dt. 24-8-89—Meicy petition of the peti-

2 GT/2001/12.

5. The point for consideration is whether the peti- tionei v orked as helper in the Project cf the respon- dent tor any period and whether he worked conti- nuously for 240days in 12 months preceding the t'ate of removal and if so, whether oral termination ot the petitioner by management, is any, on any date, is in violation of section 25-F of I.D. Act and if so, io what rdief the petitioner is entitled to ?

Mon and counter, it cannot be taken as a case of ad- mission of appointment of petitioner on 1-11-83, his pfiicd of service and date of removal on 30-9-86 b" til** rvHm<"*T*nt \/fr,r)"l~f*mpr\+ irInv*V/1 n i¹*' "•Inovf 1S1 Chandranu Vs. Labour Court-I Hyderabad. It is held in the above case as follows :—

against the respondent tor non-production ot muster ions lor the entire period from November, 1983 to September, 1986.

"Where relief is claimed by an illiterate person, burden lies on opposite parLy to prove- that the petitioner is not entitled to the relief asked for."

The facts in the above deeision, disclosed that peti- tioner therein worked as sweeper under the employer for certain period. In those facts, it is held that burden is on the cmployei to prove that she has not completed 240 days, as, she is illiterate workman.

In the above decision, the appointment of woik- man as Sweeper on a' particular date and her removal on a date by management are adniitred by the manage- ment. On those tacts, it is held that the burden is on the management to piove that the illiterate work- man has not completed 240 days,. The above deci- s.on is not applicable to the fads of this matter. The respondent never admitted the. date of appointment and date of removal of the petitioner. So, the initial burden will be on the petitioner only, to prove those two important aspects. Petitioner tailed to give evi- dence in support of his averments in the petition to prove the said aspects. Petitioner is bound to exa- mine one of the workers who worked alongwitli him in the relevant period and who was retrenched from .service alongwith him, besides giving evidence by him- self in this petition. Without any acceptable evi- dence in those lines on behalf of the petitioner, it cannot be said that burden was shifted on to the res- pondent to show that petitioner has not worked con- tinuously for 240 days in preceding 12 months prior to the date of removal Admission of shoit service for few months without continuity between December,85 to July, 1986 by the respondent cannot be taken as ad- mission to the required fact, to keep the burden on management only to prove that petitioner has not worked continuously for 240 days in 12 calendar months prior to the date of removal. As the peti- tioner has not adduced any evidence in support of his wapc the management is under no obligation to place and evidence in relation to the period of service of the petitioner.

10. It is admitied by the petitioner himself that his name is IIOL lound in ine list oi workmen enclosed to me Award in i.D. i5|88. The theory of the peti- tioner tha[ he came to know that fact seven ycais after the date ot award in I.D. 55|88 cannot be. believed to be true, it really the petitioner was on rolls as workman under the management of the respondent on 30-9-86, his name should have been found m the list ot workmen in I.D. 55J88. Ex. M-5 is settlement between workers union and management dt. 8-7-86. bx, M-6 is the xerox cdpy of award in I.D. 55|88. If inert is any acceptable evidence before this Tribunal :o believe that petitioner was on rolls under the em- ployment ot the respondent on 30-9-86, the relief granted by Industrial Tribunal in I.D. 55|88 can be ;iven to the petitioner also. Award in I.D. 55|88 can DC applied and the workmen returned on 30-9-86 Mid v,ho were on the rolls as on 30-9-86. In this natter, the petitioner without giving any evidence jeforc this court on any aspect and without any idmission of relevant facts by the management, cannot ?c claim to have proved before this Tribunal ihat he was on rolls as workman of respondent on 30-9-86. This Tribunal has no hesitation to hold, on apprecia- tion of facts and circumstances, that petitioner wa' dis-cngaged long before 30-9-86 and that petitioner worked only for short period between December, 1985 to July, 1986 without any continuity of service. Ir ithf.e circumstances, presumption cannot be dra\.. that pe itioner worked continuously fov 240 day in a caleivhr months prLceding 30-9-86. On appre e:M)ion r4 evidence available before this Tribunal, thi Tribunal had n" hesitation to hold that petitionc never worked for 24'J days continuously in any calen dar yci'i hum 1-11-83 to 30-9-86 and muchless in 1 preceding months to 30-9-86. There is no evidenc to believe that petitioner was on rolls on 30-9-Oc This Tribun-il rlso has no hesitation to hold that peti- tioner was dis-cngaged by the manjusment long befot 30-9-86 and that he was nof on the rolls in the li of workmen of the respondent on 30-9-86. The pet tjynev slept over for 11 years from 'he dale of allege removal. He kept quite for seven long years fro (he date of Award in I,D. 55|88 dt. 3-12-90. Aft laps of se*'en vcars from that dote, petitioner a proaeheu* this Tribunal with a malafide intention r'ii;i wrongfully if iKissibKhv taking advantage of r lief gr.'.n'ed to the ldrunehed workman in I.D. 55(8 Therefore, this Tribunal has no hesitation to hold th petitioner never worked cnntinuonJy for 240 da in preceding 12 months prior to the da'c of rrmo\ and so. the termination is not in violation of Secti- 25-F of I D Act and so the petitioner k not en^itl for anv relief in this petition. The petition is lial to be dismissed. Point is answered accordingly.

9. However, M.W.-l is examined on behalf of the respondent and Exs. M-l to M-6 ar^ marked. M.W-1 clearly deposed that petitioner never worked for any period in November, 1983 and December, 1983. Ex. M-l is the xerox copy of muster roll for Novem- ber and December, 83. Name of the petitioner is not found in Ex. M-l for the sjyd two months. So the theory of the petitioner that he was appointed orally on 1-11-83 is nothing, but false. The name of the petitioner is found in Ex. M-2 for December, 85, at SI. No. 7, in bx. M-3 for February, 86 at SI. No. 7 and in Ex. M-4 for July, 86 at SI. No. 4. The res- pondent proved shoit service of the petitioner in three months covered by Exs. M-2 to M-4. Res- podenl also proved that petitioner v< as no¹ appointed on 1-11-83. In the absence of any evidence from the petitioner, to prove the relevant aspects as staled hupra, respondent is under no obligation to produce musters of all the years from November, 1983 io September. 1986. In the above circumsfunces and facts of >hc matter, no fldywse inference can be drawn

11. In the result, an award is passed holding tJ petitioner ncvei worked continuously foi 240 di in the IVoiect if the respondent in preceding 12 mon prior to the da e of removal and so. the removal inc petitioner is not in the violation of section 2; of I.D. Act, ;md "n, the peti ioncr if not entitled oiv re1;ef ;iinst the rcmndent. Petition is dismks accordingly. This award shall Ivcomc enforeca182 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART H—SEC. 3(ii>] on expiry of 30 datys from the date of its publication under section 17 of the I.D. Act, by virtue of the powers conferred under section 17-A (1) of the Act. Dictate! to stenographer and transcribed by him corrected and pronounced by me in the open court and given under my hand and seal of this court on 20th day of September, 2000.

V. APPALANARASIMHAM, Judge.

Appendix of Evidence

Witnesses Examined:

For petitioner, workman :

—None—

For Respondent : Management: M.W-1—10-8-2000 G. K. Sahoo.

EXHIBTS MARKED :

For Petitioner : Workman : —Nil—

For Respondent : Management:

Ex. M-l — : Xerox copy of Muster Rolls for November and December, 83.

Ex. M-2 — : Xerox copy of Muster Roll for December, 1985.

Ex. M-3 —• : Xerox copy of Muster Roll for February, 1986.

Ex. M-4. — : Xerox copy of Muster Roll for July, 1986.

Ex. M-5 8-7-86.—Jictox copy of Minutes proceeding before Asstt. Labour Commis- sioner, Vijayawada.

Ex. M-6. — 3-12-90 : Xerox copy of award in I.D. 55|88 before Industrial Tribunal at Hyderabad.

frf f^ft 29fiRTCTT-,2000

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[*T. fl/T-220 2 5/2 5/2000-tft-If] New Delhi, the 29th December, 2000 S.O. 66.-r-In pursuance of Section 17 of the ldustrial Dispute Act!, 1947 (14 of 1947), the Cen- al Government hereby publishes the award of the idus'rial Tribunal/Labour Court, Warargal, as own in the Annexure in the Industrial Dispute bet- cen die employers in relation to the management of Heavy Water Project and their workman, which was received by the Central Government on 27-12-2000.

[No. L-22025/25/2000-C-TI] N. P. KESAVAN. Desk Officer

ANNEXURE

IN THE INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT AT WARANGAL PRESENT:

Sri V. Appalanarasimhan, 13.Sc, B.L., Judge.

Wednesday, the 20th day of September, 2000 INDUSTRIAL DISPUTE (Central) No. 15 of 1997

BETWEEN

Kengaru Narsimha Rao Sjo Jogaiah R/o Yonkur (M) & (P), Dist. Khammam.

. .. Petitioner.

AND

The General Manager, Heavy Water Project, Manuguru, Dist. Khammam.

.. .Respondent.

This Industrial Dispute coming on before me for final hearing on 18-8-2000, upon perusing the petition, counter and all documents on record and upon hearing the arguments of Smt. Satwath Rana, Advocate for the petitioner and Sn N. Sada Sivudu, A.G.P., for the respondent, having stood over for con- sideration till this day the court passed the follow- ing:—

AWARD

The petitioner filed this petition Under Section 2-A(2) of I.D. Act to set aside the oral termination of the petitioner on 30-9-1986 and to direct the res- pondent to reinstate the petitioner into service as a worker with all benefits.

2. The brief averments in the petition filed by the petitioner are as follow.—The petitioner was appointed orally as helper in the Project of the res- pondent on 1-11-1983 on consolidated pay or Rs. 350 per month. Rcspondentjmanagement and the H.W.P.(M) contract workmen and Employees' Union entered into a settlement before A.C.L. (Cen- tral), Vijayawada under Section 12(3) of I.D, Act. As per the said settlement, daily rated temporary employees shall be continued¹ in service without any break till Project is completed or regular appointments are made. But the petitioner was orally terminated on 30-9-1986 in violation of terms of the said settle- ment. The said termination is illegal for not follow- ing the provisions of I.D. Act. RespondentlManagc- ment terminated the services of all casual labourers including the petitioner on 30-9-1986. The retren- ched worVmen filed Writ Fetition 14560\%6 in the Hon'ble High Court of A.P. afnd it was dismissed with a direction to approach Industrial Tribunal. Accord- ingly I.D. No. 55188 was filed in the Industrial Tri- bunal-I, Hyderabad. Award was passed in I.D. 55'88 bv ordering reinstatement of retrenched workmen. The petitioner was not reinstated on the ground thalt his nnmc was not there in the reference covered by l.D. 5:51BS. Otncr workmen were reinstates in terms ol tne Awaia in i.U. 3D|B8. Fcutioner woiked' conti- nuously lor more tnan 24U days in any year trom 1 - l l - l y aj to JU-y-bo, lhe pensioner was unuer the unpressiori Mat his name was included m l.D. 5:>|88. rihe petitioner hied concihation application beioie A.C.L. (CcnualJ, Hyderabad, it was not referred lo Industrial Tribunal till today. So petitioner riled this petition under Section 2-A(2) of l.D. Act to set aside the oral termination on 30-9-J98o and lo direct the respondent to reinstate the petitioner into ser- vice. Hence the petition.

3. The brief averment in the counter tiled by the respondent are as follows.—The material averments in the petition are not true and correct. The petitio- ner never worked in the Project of the respondent in any period. Petitioner was not terminated from services by the respondent. Petitioner was not party to any dispute and settlement dated 8-7-1986. Peti- tioner was not a party to l.D. 55|88. There was no relationship of workman and¹ employer between the petitioner and respondent. All the allegations in the petition about his services are absolutely false. There arc no merits in the petition. The petition is liable to be dismissed.

4. The petitioner is examined as W.W.-l and Exs. W-l to W-4 are marked. M.W.-1 is examined on behalf of the respondent and Exs. M-l to M-4 are marked. Arguments on the advocate for the petitio- ner and A.G.P. for respondent are heard.

183 also has not examined any representative of the union of daily wage workers to show that petitioner work- ed in the Project in the relevant period. Exs. W-l to W-4 ['re filed by the petitioner on his behalf.

7. hx. W-4 ii> xerox copy ot the Award in l.D 55J88 dt. 3-12-90. Petitioner admitted that he was not a p-iUy in i-D. 55[&8. According to the petitioner, he came to know of that fact only after disposal of l.D. 55 [88 by passing award and when reinstatement v\a.s rtl'used by the management. After passing award in l.D. 55|88, the petitioner demand- ed the respondents for reinstatement. Ex. W-l is the xeiox copy of minutes of conciliation proceed- ings held on 24-1-1995 between the management of the respondent and the petitioner, represented by Union Leader S. K. Hu^sain. It is clearly mention- ed in Ex. W-l, petitioner cannot be reinstated as his name was not found in list Ex. C-l of 185 employees enclosed to Award in l.D. 55|88. Ex. W-2 dated 31-3-95 is the failure leporl sent by A.C.L. Central Vijuyawada to Sccreiaiy, Government of India Ministry of Labour, New Delhi. Exs. W-l and W-2 are subsequent to passing of the Award in l.D. 55|88. Ex. W-3 is xerox copy of list containing names of 21 persons said to have joined on 1-10-86. There is no authenticity in any manner for Ex. W-3. There is no office seal of respondent on Lx. M-3. There are corrections in the figures ZA as '21'. Date as 1-10-86 was Wiitten on the typed paper. Ex. W-3 cannot be relied upon for any purpose. Petitioner has not filed any admissible documents to show that he was appointed on 1-11-1983 and that he worked caiiL'nuousiy upto 30-9-86 and that he was orally tfi iiiinated from service on that date. Exs. W-l to W-4 are no way helpL'ul to the petitioner to prove his appointment, period of service and removal on 30-9-1986.

as found supra. It would clearly throw a genuine doubt as to the theory of the petitioner about his appointment in November, 1983 and his services from 1-11-83 onwards, tvx. M-3 is the xerox copy of muster roll for February, 1986. The name of the petitioner is not lound in Lx. M-l al^o. Ex. M-4 is tlie xerox, copy of attendance register of 24 ret- renched casual labourers by showing the- date ol joining respectively against their names. Thos; 24 workers joined on 1-9-1986 and earlier and not alter 1-9-1986.

9. On appreciation of oral and documentary evi- dence on behalf of the petitioner, this Tribunal has no hesitation to hold that petitioner failed to place any acceptable tvidence to show that he was ap- pointed orally as Helper in the Project of the res- pondent on 1-11-1983. He also failed to show that he worked continuously from 1-11-1983 to 30-9-1986. Petitioner also failed to prove that he vvus removed from service by retrenchment on 30-9-1986 alongwiih other workers. On the other hand, the respondent proved that petitioner was not a workman in the Project of the respondent in any period. The name oi the petitioner i¹, not found in muster rolls of November and December, 1983 as in Exs. M-l and M-2. His name is also not found in muster roll for February, 1986 under Ex. M-3. Res- pendent clearly proved that petitioner never worked in the Project for any period and muchless continu- ously for 240 days in 12 calendar months prior to 30-9-1986. So this Tribunal is not inclined to be- lieve that petitioner worked in the Project of the respondent for any period and that he was retrench- ed alongwith other workers on 30-9-1986, If real, he was retrenched alongwith other workers on 30-9-86, his name should have been included in the list of workers, attached to the Award in I.D. 55|88. Award in I.D. 55(88 was passed on 3-12-90. Petitioner approached this Tribunal after lapse of seven long years from the date o[ Award in I.D, 55|88. This Tribunal has no hesitation to hold that petitioner filed this petition with a mala- fide intention to gain wrongfully, if possible, basing on Award in I.D. 55 88. This Tribunal has no hesitation to hold that petitioner was not a workman for any period under the respondent and he was not removed from service by respondent on 30-9-86 and so petitioner is not entitled for any relief. Peti- tion is liable to be dismissed. Point is answered accordingly.

10 In the result, an award is passed holding that petitioner never worked as workman in the Project of the respond:ni lor any period and that he was rot removed from service on 30-9-1986 by the respondent. Thr petitioner is not entitled for any relief against the respondent. Petition is dismissed accordingly. TVrs award shall become enforceable on expiry of 30 days from the date of its publication under Section 17 of I.D. Act by virtue of the powers conferred under Scciion 17-A(l) of the Act. Dictated to .stenographe? and transcribed by him, corrected and pronounced by me in the open court and given under my hand and seal of this court on 20th day of September, 2000.

V. APPAI AKARASIMHAM, JuJge APTTND1X OF EVIDENCE ; WIJNF.SSES EXAMINED ;

For Peut'onerl Workman :

W.W1. 15-2-2000—K. Narasimha Rao.

For Respondciii[Management :

M.W.I. H>6-2000—C. K. Sahoo.

EXHIBITS MARKED :

For Petitioner!Workman :

Ex. W-l. 24-3-95—Minutes of Conciliation Proceedings between the Management and lluir workmen.

Ex. W-2. 31-3-95—Failure Report submitted to the Government of India by the A.CX. Vijayawada,

Ex. W-3. — .—Xerox copy of list of 21 persons.

Y.\. W-4, 3-12-90—Xerox copy of award in I.D. 55(88 before the Industrial Tribunal, Hyderabad.

For Respondent'Management :

Ex. M-l, . . —Xerox, copy of Mus- ter Roll for November, 1983.

Ex. M-2. . . —Xerox copy of Muster Roll for the month of December, 1983.

Ex. M-3. —- —Xerox copy of Mus- icr Roll for the month of February, 1986.

Ex. M-4. —• —Xerox copy of State- ment showing the 25 retrenched Casual Labourers.

New Delhi, ihe 27th IVcemhei 2000 S.o. 67.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government In- dustrial Tribunal/Labour Court, Che-nnai-6, as shown in the Anncxurr in the Indn^ .il Dispute; between th: employer;, in relation to the management of Madras Atomic Power Station, Kalipjkknm and their woikman, which was teceived by the Central Goveinment on 26-12-2000.

[No. L 42012/22'2000-lft(DU)]

N. V. K r s W A N, Deik Officci 135 ANNEtHRE

EEFORC THE CENIRM GOVFRNMENT INDUSTRIAL TRIBUN\L-CUM-LAROUR COURT. CHENNA1

Wednesday, the 22nd November, 2000

PRESENT :

K. K irlhikcyan, PresMirn; Officer.

Industrial Dispute No. i '2000

(In the matter of t¹^ disyuti." foi adjudication under iection 10(1)(A) and Sub-Section 2(A) ot the Industrial Disputes Act, 1947 between the YVoikman n>id the Management of the (Station Direcloi), Madras Atomic Power Station, Kalpakknm).

BFTWEFN

P. Chinnasamy Workman/I P;uty S/o Sii Poonjjrtvavutn

AND

The Station Dnc-'%l.or, Mitnagemcnt/U Party Madras Atomic Power Station, Kalpnkkum.

APPEARANCE:

For the Workmen : Shii M. Gnana.,eki>r, Advocate.

For the MarnaeiQ'nt : Sri r. RT ikumar, Audi Central

Government Standing Counsel.

REFERENCE :

No. L-^2O12|22|tOO0lTR(DU) dt. 31-5-2000 Government

of India, Ministry of I abjui, N

Tills dispute on coming up before me foi final hearing on 8-11-2000, upon perusing the reference, Claim Statement, Com '.er "ita'i'ment and otliei maleriat p.ipeis on record, and the document i'v cv'Jcrce let in mi ct'hei side and upon healing 'hi' arguments of Shri M Gnana<-"4.Tr Ad- vocate for the Wiu-kiPdn and Sii T. Ravikumar, Addl. Central Government Standing Counsel foi the Man.mniient and this dilute having stood over till this date for eon>ideiJtion, this Tribunal passrd fie following :—

AWARD

This reference by Central Government in exercise of the powers conferred by Clause (d) of Sub-Scclion (1) and Sub-Section 2(A) of auction 10 of Tndustiial Disputes Act, 1947 in respect o* dispute between S'i P. Cninnasumv, Wnrk- man and the Station Director. Madras A'ntnic Power Station, Kalpakkam Management mcriioped us schedule appended in the order of reference.

The Pehedule reads as follows :

"Whether the termimtion of Shri P. Chimwimy bv the management (if Nuclei Power Co'iwration, Madras Atomic Povv*r S'wlion, KolpnH'nm ;s leaM and iu^ii- fied? If not, (o what relief the Woikmao is entit'ed?"

On receipt oT this reference, this Industrial D'smitc ha-, been taken on file of this Tribunal on 26-6-2000 as Industrial Dispute No. 1/1000. Oil lereipt of the notice from

1 The averments in t'lf f"Tiim Si it"ment of Ihc VA"n! min/

T Party/Petitionere are briefly as follows :—

faced any Depailraental Enquiry nor he received uny Memo tiom the department regarding his work and conduct. He has been diligently disclui ging his duties with devotion to the utmost satisfaction ol Ins supeiiors. While so, he was issued a Charge Memo dated 18-6-1996. In that Chaise Memo, three articles ot chiirgcs were mentioned, as that, he, while function- ing as Tradesman in Madias Atomic Power Station married another woman while his first wife was living, that he has suppressed the fact of his second marriage with knottier woman, aid by misieprcsenling the facts, he applied for availing medi- cal facilities tor the children boin out of his second maniage and that he nominated his second wile a'nd the childien born out of her for the purpose of dcath-cum-ietirement gratuity/ family pension and LTC/TA etc. prior to and aUei his absolution in Nuclear Powei Corporation of India Ltd. leav- ing behind his legitimate wife and childicn and that he ha} aded in a manner that is unbecoming ot a corpoialion emp- luyet. A preliminaiy enquiiy was held by Mr. V. G. Uma- maheshwaran, Asstt. Personnel OHjcer. The marriage between himself and Suit. Muthu took place dialing the younger uge without knowing about the legalities of the matter, Ihoufili. he applied for the Medical Card for the children born out of second wife, he has not taken the Medical Card or he has not taken any medical tieatment m the D \E Hospital It it tiue, that he nominated his second wi£s and the children born out of her for the purpose of death-cum-retiiemenl Rra- tuity/family pension, LTC etc. A regular enquiiy was, held by the Enquiry Officer and he submitted u repott dated 23-11-96 holding the charges true. During the enquiry, he was not given sufficient opportunity lo explain the ciicum- stance in which he has conducted the second numiagc. The marriage between himself and Smt. Kalyani took place in 1971 and immediately af'er the marriage, : could not lead a normal family life and slie deserted him. Inspite -of the steps taken by him and the elder members of his family, no reconciliation could be done. His first wife gave a complaint in 1972, complaining that he was not maintaining her. He submitted riKn leply, stating that he has been maintaining her and pioviding her the basic facilities. Thoieetier, a Memo was issued in 1975 on the same lines. Foi that also, he gave a reply that from 1974 onwauls, his first v/ite is permanently staying away and leading a life of her choice, however at his cost. The fact that there is nn compbint fi-om his lirst wife to the Department fiom moie than 25 yeais, only shows that there is an actual separation for more than 2^ ycais and it is only under these ciicumslances, h;s second marriage took pli-ce with one Muthu. The nomination was given by him in the year 19K7, more than 10 years ago. He was under tho impression that the matter has been closed by the Depart- ment. In any event, the unfoi lunate event that took place in his peiesonnl life, never interfered wilh,, nor inltuen- ced in d-schai ging his duties as a responsible Government ser- vant. The fact th"t he has put in ?H years of unblemished service cannot be easily ignored by the Department particu- Ijily while choosing the punishment. Though, he has stoutly den.ed the second charge in his representation dated 26-3-97 to the Disiiplina-y Authoi ity, he has specifically requested Ihe Disciplinary Authority to foi give him by taking note of his past service in the Station. He requested the aiithoiity 1o enforce i-ny other punishment which may not affect his fuluic, fiven that human aspect has not been considered bv the Disci- ulin,)ry Authority, The punishment that may be imposed in the D"tw(ruental Enquiry should co-nmensurnte wilh the gravity of the nllfued misconduct In fact, tlr provisions lcpardinp the prohibition of the second main^ce in the Cond'xt Rnl^s was introduced in order i-> protect Ihe interest of the first wife When the first wife has nn prievjinrr pnd sh^ is le iding a life of her own choice for n^iily 25 ycais, MIO- moto action under the CCS end CC\ Rules should not be taken normally. He has not committed any serious misconduc! by mis'appmipi intion, conniption, embezzlement of public- money. Therefore, ignoring his 28 yeais of unblemished service is illegal. The Petitioner has two daunhters at the marria"?iable nv,c and one son. The Pctidnner filed an ttppcil before the Aprw-llate Authority to set aside the order of Dis- ciplinary Authority and to rcinstale him in service with all service benefits or to modify the punishment of icmoval from service by imposing other minor punishment, which mny not affect his fuiilier emniovment, considennir the !>'nKth of hii service and his family pirh'ems, c-\pl.iirifd ulreadv Thn enqu-ry procecdinas i'ie vitiated for Ihe reason that, the c h a r ts levelled against him were demorslrab'" vaeiv- and devoid uny parlicuinrs. Hence, the chaiqe Memo doled186 THE GAZETTE OF INDIA : JANUARY 13, 2001/PAUSA 23, 1922 [PART II—SHC. 3(ii)] 18-6-96 is illegal. The Charge Memo does not disclose any misconduct or the provisions of the Standing Order said to huvi.' been violated by the Petitioner. No punishable mis- conduct was made out in the Charge Memo dated 18-b-9o and hence, the proceedings initialed in pursuance of thai Charge Memo are illegal and liable to be j,et asido. Tho tdieged occurrence relate to the year VJ73. The Petitioner was allowed to continue in the Department for more than 30 years, after the alleged incident. It is settled law that, disci- plinary proceedings tor any misconduct should be initialed within a reasonable period of time. As per the decisions of the Supreme Court, the delay In initiating ctfquiiy vitiates tlie enquiry itself, if there is extraordinary delay, it prima-facio causes prejudice, -when it remains unexplained. The report submitted by the Enquiry Officer on 23-11-96 is illecal and iti violation of the principles of natural justice. The Respon- dent ouRht to have seen that imposing tho penalty ot removal from service is highly arbitrary, excessive and shock- ingly disproportionate to the gravity of the misconduct, la the name of the enquiry, the petitioners life has been taken away in the fag end of his career. The Petitioner cannot afford to go to any employment at (his staae of his life. He has got social oblffialions to be performed, The application filed by the Petitioner before the Regional Commissioner of labour (C) for conciliation, ended in a failine. Thereafter, the dispute regarding the Petitioner's non-emplnvmcnt has been referred to this Tribunal. Hence, it is prayed that thU TribunM may he pleased to "<*t aside the Order passed by the Disciplinary Authority to remove the Petitioner from service and consequently direct the Respondent to reinstate tho Peti- tioner in service and to ir've him all attendant benefits includ- ing backwaccs from 1-10-1998,

1. The averments in the Counter Statement o* the Man-

afiuini"nt/ri Party /Respondent are briefly as follows :—-

187

Lnquiry Officer, following the principles of natural justice and whether the Enquiry Officer has given a perversed find- ing, not supported by any eidence and whether it is a fit case for this Tribunal to interfere with the findings of the Enquiry Officer ami k there any scope- for such interference.

from 17-9-87 as the Nuclear **owur Corporation of. iuJ.* Ltd., a Oovt. Company mcoiporatcd unoer me compiiiiy tr Aci, iy5<>. I'ne nrst party claimant was appointed &a a iieipvi- A m we ersuvnu© Liovc depduuient m "iaicii ly > 1. iHm stjpsequttitly, tie faOi ills promotions periodically, lhen u,t wnvuiii-ii of Hi© uovt. ucpamnent, into a puolic secior unUeivaKing. I party workman was uofcoibed as an employee under Nucicar fower Corporation of India. The I I'arty Workman Mrui 1*. Chiiinusauiy was a married man when IIVJ got appointed in March i y /i and his wifes name is Smt. K.aly1; Tribunal.