REGISTERED NO. D.L.—33001|99

The Gazette of India

PUBLISHED BY AUTHORITY

No. 3]

NEW DELHI, SATURDAY, JANUARY 20, 2001/PAUSA 30, 1922

Separate paging is given to this Part in order that it may be field as a

separata 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 )

MINISTRY OF PERSONNEL, PUBLIC

GRIVANCES AND PENSION

(Department of Personnel & Training)

New Delhi, the 9th January, 2001

S.O. 70—In

exercise of the

powers

conferred

by sub-section (1) of section 5 read with section 6

of the Delhi Special Police Establishment Act, 1946

(Act No. 25 of 1946), the Central Government with

the consent of the State Government of Gujarat vide

59 GI|2001—1

(195)

196

THE GAZEf It⁷ OF (NPTA : JANUARY 20, 7001 TAUSA 30, ' 1922

[FAHF TT-~SEr. 5(ii)]

Notification

No, GGIU3 ARM|28;2000"GOI-34-M

dated

15-11-2000, hejvby extends the

powers and

jurisdiction of the mtmtvis of Delhi Special Police

Establishment to the

vhole of the State of Gujarat

for investigation of ulluicy;

punishable under sec-

tion 25 of Arms Act, 1959 vide Crime No. RC. SIB

2000E 0007, registers! in SilU-XI, branch o[ CBI,

New Delhi relating to seizure of Arms and Ammuni-

tion and attempts, abetment and conspiracy in rela-

tion to or in connection with one or more of the

offences mentioned above and any other offence com-

mitted <n lhe cotir;- • c.i' tl¹c same transaction arising

out of the sam_~ iaefs,

[No. 22R/63/2000-AVD. Ill

IIARf SINGH, Under Secy.

New Delhi, the 9th January, 2001

S.O. 71.- -In

exercise of

the

powers conferred

by sub-section (I) of section 5 read with section 6

of the Delhi Special Police Establishment Act, 1946

(Act No. 25 (,.{ 1946), ihj Cental Government with

the con int of the Stt'te Cuvcrnment of Haryana vide

notification No. 20|3|2000-3-HGI dated 18-2-2000,

hereby Lslum's

Hi; power.,

and jurisdiction of the

number, of D?lhi Special Police Establ^;shment to the

whole of tlit: Stal¹ of Irnryann

for investigation of

offences under sections

307 and 34 of the Tndian

Penal Cnde, jP.oO (Aci No. -15 of 1860) and also

under th<-

Arms Act of

FIR No.

1151196 dated

4-12-1996. registered at Police Station City, Karnal,

and :*nv ,".h:r offaicc c⁽tempt, abetment and conspi-

racy in connection with the suid offence, committed

in course of in: same transaction arising out of the

Wmr fpcts.

[No. 228/65/2000-AVD. Ill

HM>1 SJNGIT. Under Secy.

New Delhi, the yth January, 2001

SO. 72.—-I'i

exercise

of the powers

conferred

by sub-section (1) of section 5 of the Delhi Special

Follcj listublishment Act, 1946

(Act, No. 25 of

1946),

and

in

pursuance

of

the

order

dated

24-11-2000 passed by Uic High Court of Gujarat at

Ahmedabad in Special Criminal Application No. 971

of 2001/, Chhabildas Pragjibhai Mehta Vs. State of

Gujarat, the Central Government hereby extends the

1'iwers and jtHsdiclio'i of the members of the Delhi

Special Police

Estnb'Himent

for

investigation of

i;'kiices

punishable under

section

120-B, -I"¹'*

Tnrhan Penal Code, section 13(1 )(d) read with 13(2)

of Prevention of Corfuption Act, 19KS and sections

5 and 15 of the Official Secret Act, 1923 and attempt,

fiMment. and consjiriracy in relation to or in connec-

tion with the offences mentioned above and any other

offence committed in the course of the same trans-

action ansir^ rat '^f t^l • *x"s

r .r'^ "c "tf; ; ' :*h

CBI Gandhiiiagar

as RC-33(A)/2OOO-Gandhinagar

dafed 25-11-2000.

[No. 228/67/200O-AVD. II]

IIARJ SINGH, Under Secy.

i 97

New Delhi, the 9th January, 2001

S.O. 73,—la

exercise

of the powers

conferred

by sub-section (1) of section 5 read with secthin 6 of

the Delhi Special Polibe Establishment Acr, 194fi

(Act No. 25 of 1946), fhe Central Government with

the consent of the State

Government of Kamataka

vide Notification, No. HD/219/PCR/2000,

dated

16-10-2000, hereby extends* fhe powers and jurisdic-

tion of the members of Delhi Special Police Estab-

lishment to the whole of the State of Kamataka for

investigation of offences under section 120B of the

Indian Penal Code, 1860 and section 7 and 13(2)

read with 13(l)(d) of Prevention of Corruption Act,

1988 against Sri U. K, Shawn a. Section Officer and

Sri M. P. Singh, A s l a n t Director (CPWD). Horti-

culture, Central Division,

Kendriya Sadan, Banga-

lore and any otlher public servants or persons and

attempts, abetments and coASpiracy in relation to or

in connection with one or more of the offence men-

tioned above

and any other

offence and offences

committed in the course of the same transaction or

arising out of the same facts.

[No. 228/69|2000-AVD. II]

HARI SINGH, Under Secy.

New Delhi, the 9th January, 2001

S.O. 74—Jn

exercise

of the powers, conferred

by sub-section (1) of section 5 read with section 6

of the Delhi Special Police Establishment Act, 1946

(Act No. 25 of 1946), the Central Government with

the consent of the State Government of Kamataka

vide Notification

No.

HD|221|PCR|2O0O,

dated

3O-10-2OU0, hereby extends the powers and jurisdic-

tion of tihe members of Delhi Special Police Estab-

lishment to fine whole of the State of Kamataka for

investigation of offences under section 7 of Preven-

tion of Corruption Act, 1988 against Sri Shankara-

narayana, S.D.E., Coles Road, Bangalore and others

and any other public servants or persons and attempts,

abetrnents and conspiracy in relation to or in con-

nection with '.me or more cf fhe

offence mentioned

above and any other offence and offences committed

in the course of the same transaction arising out of

the n m : facts.

[No. 228[7O|2OOO-AVD. II]

HARI SINGH, Under Secy.

198

THE GAZETTE Of INDIA : JANUARY 20. 2OO1/PAUSA 30. 1922

TPART 11—Sue. 3(ii(1

MINISTRY OF FINANCE

(Department of Revenue)

(Office of the Commissioner & Central Excise)

NOTIFICATION

NO. 4-CUS (NT) 2000

Jaipur, the 19th December, 2000

S.O, 75.—In

exercise of the

powers conferred

by notification No. 33|94-Customs (NT), dated the

1st July, 1994, by the Government of India, Minis-

try of Finance, Department of Revenue, New Delhi,

issued under clause (a) of section 152 of Customs

Act, 1962. I, Dalbir Singh, Commissioner of Cus-

toms & Central Excise, Jaipur, I, hereby declare,

Gopisar Road, Bikaner, falling under the Municipal

limits of Bikaner City of the State of Rajasthan to

be warehousing station under the Customs Act, 1962

for the purpose of setting up 100% E.O.U.

[F. No. V(16)Cus.-3|20OO]

DALBIR SINGH, Commissioner

No. 3-CUS (NT) 2000

Jaipur, 23rd November, 2000

S.O. 76.—In

exercise of the powers conferred

by notification No. 33|94-Customs (NT), dated the

1st July, 1994, by the 'Government of India, Minis-

try of Finance, Department of Revenue, New Delhi,

issued under clause (a) of section 152 of Customs

Act, 1962. I, Dalbir Singh, Commissioner of Cus-

toms & Central Excise, Jaipur, I, hereby declare,

villaee 'BAGRU RAWAN', Tehsil Sanganer, District

Jaipur, State of Rajasthan to be warehousing station

under the Customs Act, 1962 for the purpose of set-

ting up 100% E.O.U.

[C. No. V(16)Cus.-4|200O]

DALBIR SINGH, Commissioner

(Department of Economic Affairs)

(Banking Division)

New Delhi, the 1st January, 2001

S.O. 77.—In

exercise

of the powers conferred

by clause (b) of sub-section (3) of section 9 of the

Banking Companies (Acquisition and Transfer

of

Undertakings) Act, 1970, read with sub-clause (1)

of clause 3 of the Nationalised Banks (Management

and Miscellaneous

Provisions) Scheme, 1970, the

Central Government, hereby

nominates Shri Ram

Mohan, Under Secretary, Ministry of Finance, De-

partment of Economic Affairs,

Banking Division,

New Delhi as a Director

on the Board of Indian

Overseas Bank with immediate effect and until further

orders.

[F. No. 9[8|2000-B.O.-I]

RAMESH CHAND, Under Secy.

iw

New Delhi, the 5th January, 2001

S.O. 78.—In exercise of the powers

conferred

by clause (e) of sub-section (I) of section 25 of the

State Bank of India

(Subsidiary Banks) Act, 1959

(38 of 1959), the Central Government hereby nomi-

nates the persons specified in column (2) of the table

below as Directors of the subsidiary banks of the

State Bank of India specified in column (1) (hereof

of the said Table, with immediate effect and until

further orders :—

Table

(1)

SCate Bank of Mysore

(2)

Shii B. D. Berwal,

Under Secretary,

Ministry of Finance,

Department of

Econo-

mic Affairs,

Banking Division,

New Delhi,

"l

State Bank of Patiala

State Bank of Saurashtra

2

Shri Mangal Marandi,

Under Secretary,

Ministry of Finance,

Department of Econo-

mic Affairs,

Banking Division,

New Delhi.

Shri L. C. Toora,

Under Secretary,

Ministry of Finance,

Department of Econo-

mic Affairs,

Banking Division,

New Delhi.

[F. No. 9/8/2000-B.O. IJ

RAMESH CHAND, Under Secy.

CORRIGENDUM

New Delhi,

10th January, 2001

S.O.79—In the notification F. No. 11/27/BOA-

2000-(a) dated 4th December, 2000 published in

Part H Section 3(ii) of the Gazette of India,

following correction

is made :

Reference

Linc(v)

For

Section 13

Read

Section 15(1)

[F.No. ll/27/2000-BOA]

D. CHOUDHURY Undersecretary

200

THE GAZET1E OF INDIA : JANUARY 20, 2001/PAUSA 30, 1922

[PARI H—SEC. 3(ii)j

New Delhi, the 5th January, 2001

S.O. 8G.~~In

exercise of the

powers conferred

by clause (a) of sub-sectiott (3) of section 9 of the

Banking Companies (Acquisition

and

Transfer of

Undertakings) Act, 1970, read with sub-clause (1)

of clause 3 and sub-clause (1) of clause 8 of the Natio-

nalised Bank$ (Management and Miscellaneous Pro-

visions) Scheme, 1970, the Central Government, after

consultation with the Reserve Bank of Lidia, hereby

appoints Shri K. Krishna Rai,

presently

General

Manager, Vijaya Bank as a whole time director (de-

signated as the

Executive Director)

of Allahabad

Bank for

the period from

the date of his taking

charge and upto 30fh June, 2004.

[F. No. 9/38/2000-B.O.II

RAMESH CHAND, Under Secy.

MINISTRY OF HEALTH AND FAMILY

WELFARE

(Department of Health)

New Delhi, the 1st December, 2000

S.O. 81.—Whereas in pursuance of clause

(b)

of sub-section (1) of Section 3 of the Indian Medical

Council Act, 1956 (102 of 1956) Dr. S. Chandra-

shekar Shelly, No. 130, 1st Main Road, M.L.A. Lay-

out, R. T. Nagar, Bangalore has been elected by the

Senate of Rajiv Gandhi University of Health Sciences,

Kamataka on 16-10-2000 to be a member of the

Medical Council of India with effect from 16th Octo-

ber, 2000.

Now, thercfoie, in pursuance of the provision of

sub-section (1) of section 3 of the said Act, tjje Cen-

tral Government! hereby makes the following further

amendment in the Notification of the Government of

India in the then Ministry ot Healfh number S.O, 138,

dated the 9th January, I960, namely:—

In the said notification, under tine heading, ⁽£l©cr^>ed

under clause (b) of sub-section (1) of section 3', the

following serial number and entries shall be added,

namely:—

"76. Dr. S. Chandrashekar Shetty, Rajiv Gandhi

No. 130, 1st Main Road,

University of

roi

M.L.A. Layout,

Health Sciences"

Bangalore.

[No. V-llO13/23/2UOO-ME(UG)]

S. K. MISHRA, Under Secy.

New Delhi, the 29th December, 2000

S.O. 82.—Whereas

the Central Government, ir

pursuance of clause (a) of sub-section (1) of sectior

3 of the Indian Medical Council Act, 1956 (102 o!

1956) and in consultation with the Government ol

Andhra Pradesh have nominated Dr. AmritSi Lai,

Prof, of ENT, Kamincni Institute of Medical Sciences

Narketpally, Andhra Pradesh to bo a member of th«

Medical Council of India with effect from 28fh Febru

arv. 2001.

Now, therefore, in pursuance oP the provision of

sub-section (1) of section 3 nf the said Act, the Cen-

tral Government hereby makes the following further

amendment in the notification of the Government of

India in tlhe then Ministry of Health number S.O. 138,

dated (he 9th January, 1960, namely :—

In the said notification, under the heading, 'Nomi-

nated under clause (a) of sub-secfion (1) of section

3', for serial number 7 and the entries relating there-

to, the following serial number and entries shall be

substituted, namely:—

7.

Dr. Amrifli Lai,

3-4-868, Barkatpura,

Hyderabad-500027.

fNo. V-J IOKV27/2OOO-ME(UG)]

P. G. KALADHARAN, Under Secy.

°02

THE GAZETTE OF INDIA : TANUARY 20 2001 'PAUSA 30, 1922

[PART IT—SEC. 3(ii)]

New DeJhi, the 29th December, 2000

S.O. 83.—Whereas the

Central Government in

pursuance of clause (c) of .sub-section (1) of Section

• 3 of tine Indian Medical Council Act, 1056 (102 of

] 956) ha!> conducted the diction from the Registered

Medical Graduate Constituency of Gujarat where-

from Dr. Hareshkumar PUrusottamdas Bhalodiya, 20,

Professor's Quarters,

New Civil Hospital Campus,

Asarwa, Ahmedabad has been elected on 4-11-2000

to be a member of the Medical

Council of India

with effect from 4th November, 2000.

Now, therefore, in pursuance of the provision of

sub-section (1) of section 3 of the said Acf, the Cen-

tral Government hereby makes the following further

amendment in the Notificafion of the Government of

India in the then Ministry of Health number S.O. 138,

dated the 9th January, 1960, namely:—

In the said notification, under the heading, 'Elected

under clause (c) of sub-section (1) of section 3', for

the serial No. 14 and the entries relating thereto the

following serial number and entries shall be substi-

tuted, namely :—

"14. Dr. Hareshkumar Purusottamdas Bhalodiya,

20, Professor's Quarters, New Civil Hospi-

M

Campus,

Asairwa,

Ahmedabad-380016 (Gujarat).

[No. V-llO13/ll/99-ME(UG)]

P. G. KALADHARAN, Under Secy.

20.1

MINISTRY OF CIVIL AVIATION

New Delhi, the 09th January, 2001

S.O. 84 ,-- In exercise of the powers conferred by section 3 of the Public Premises (tviction of Unauthorised

Occupants) Act, 1971 (40 of 1971) and in supersession of Notification of the Government ol India in the Ministry

of Civil Aviation S.O. No. 739 dated 15th

February, 1999, except as respects things done or omitted to be

done before such supersession, the Central Government hereby appoints the officers mentioned in column (A )

of the Table below, being officers equivalent to the rank of the Gazetted Officer of the Government, to be Estate

Officer for

the

purposes of the said Act, who shall exercise

the

powejs conferred and perform the

duties imposed on the Estate Officers by or under the said Act, within the limits of their respective jurisdiction

tn respect of the public premises specified in column (B) of the said Table.

TABLE

Designation of the officer

(A)

1. Assistant General Manager (Personnel/

Administration), Air India Limited,

Indira Gandhi International Airport,

Delhi.

2. Assistant General Manager- Eastern India

Air Tndia Limited, Calcutta.

Categories of public premises

(B)

All premises belonging to or taken on lease by or on behalf of Air

India Limited in tho States of Haryana, Himachal Pradesh,

Jammu

and Kashmir, Punjab,

Rajasthan,

Uttar Pntdcsh,

National Capital Territory pf Delhi and the Union Territory

of Chandigarh.

All premises belonging to or taken on lease by or on behalf of Air

India Limited in the States of Assam, Bihar, Meghalaya, Mizoram,

Nagaland, Orissa, Sikkim, Tripura, West Bengal

and the

Union Territory of ilie Andaman and Nicobar.

59 Gl/2001—2

2Q4

THE GAZETTE OF INDIA : JANUARY 20, 2001/PAUSA 30, 1922

[PAKI If—SEC. 3(ii)]

3.

4.

5.

6.

A

Asswtant General Manager (Personnel/

Administration), Air India Limited, Chennai.

Senior Manager (Personnel/Administration),

Air India Limited, Headquarters, Mumbai.

Senior Manager (Personnel/Administration),

India Limited, Old Aiipoit, Mumbai.

Assistant Genuvl M-JIV^LT (Pivsonni'l,

Adniinisua.ion) Air India L united , Old

Airport. Mum bid.

B

All premises belonging to or taken on leawj by or on W»tf of Air

India Limited in the Status of Andhra PraiJi^h. Karniitaka,

Kerala, Tamilnada, and the Union Territory of Pondicherry.

AH Non-residential premises belonging to or taken on laease by

or on behalf of Air Fndia Limited throughout India except those

mentioned at serial numbers 1, 2 and 3.

Residential premises at Air India First Mousing Colony Kelinri ,

Santa Cruz, Mu.nib.ii.

All residential premises belonging to or taki-n i<n k.isu bv <>r on

behalf of Air India Limited thioughout lndi:i . w\pt

IIIOSJB

mentioned at serial numbers 1, 2, 3 and 5.

[F.NO.AV.IH05O/02/97-A]

K.S. PAMWAR, Undei Suy.

MINISTRY OF TOURISM & CULTURE

(Department of Culture.)

New Delhi, the 9th January, 2001

S.O. SS.^In pursuance of Sub-rule (4)

of

the

Rule 10 of the Official Language (use for official pur-

pose of the Union) Rules, 1976 the Central Govern-

ment hereby notifies the following office under the

Minisfry of Tourism & Cultur.r, Department of Cul-

ture, more than 80% staff of which has acquired

working knowledge of Hindi:—

Khudabaksh Oriental Public Library, Patna.

{No. F. 1-2/99-Hindi}

JAI PRAKASH KARDAM, fry. Doctor (Ol.)

New Delhi, the 9th January, 2001

S.O. 8ft —In pursuance of Sub-nil.

(4)

of the

Rule 10 of rihe Official Language (use for official pur-

pose of the Union) Rules, 1976 the Ceatral Govern-

ment hereby notifies the following offices/sections of

Archaeological Survey of India under the Ministry

of Tourism & Culfurc, Department of Culture, more

than 80% staff of wihich has acquired \ 'orking know-

ledge of Hindi :—•

Office erf the Dy. Superintending Archacologisr,

Archaeological

Survey

of

India,

Mini

Circle, P-.uiji (Goa).

TNo. F.

l-2/99-Hindi]

JAI PRAKASH KARDAM, Dv. Dipxtor (OL)

205

?';(M20(i

1

2

0

6

T

H

E

G

A

Z

E

T

T

E

O

F

I

N

D

I

A

•

J

A

N

U

A

R

Y

2

0

.

2

(

M

)

l

/

P

A

U

S

H

A

3

0

,

1

9

2

2

[

P

A

R

T

I

I

—

S

f

i

c

.

3

(

i

i

)

1

207

Ministry of Coal

New Delhi, llic lOlh J.iniiiirv. 2001

s. O. K7.~ 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 sub-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 Govt. hereby gives notice of its

intention to prospect for coal therein,

The plan bearing No.MCUSAMB/CGM(CP&P)/Kaniha-ll(Neelachal)/00/ 17 dated

26 04.2000 of the area covered by this notification can be inspected at the office of the

Chief General

Manager (CP&P), Mahanadi Coalfields Limited, Jagriti Vihar, Burla,

208

THE GAZETTE OF INDIA : JANUARY 20, 200lfPAUSHA 30, 1922

[PART II—SEC 3 (ii))

Sambalpur - 788018 (Orissa) or at the office of the Collector and District Magistrate, Angui,

Orissa or at the office of the Coal Controller, 1, Council House Street, Calcutta

All persons interested in the land covered by this notification shall deliver all maps,

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 (Orissa) within 90 days from the date of

the publication of this notification in the official Gazette.

SCHEDULE

KANIHA-II (NEEUCHAL) BLOCK

TALCHER COALFIELD

DISTRICT ANQUL (ORISSA)

ALL RIGHTS

(Plan bearing NO.MCL/SAMB/CGM(CP&P)/Kaniha-ll(Neelachal)/00/17 dated 26.04 2000)

SL

No.

I

2

3

4

5

6

7

8

9.

10.

11.

12,

13.

14.

15.

16.

17.

18.

19.

20.

21.

22

23

Village

Balipata

Badahira

Kalyanpur

Luliamara

Debhuin

Badagunduri

Joradanga

Bhuinpur

Masunihata

Gourachandrapur

Balrampur

Kaniha

Kansamunda

Jaypur

Adaitprasad

Malapasi

Jamania

Gundurinali

Gailanda

Saradhapur

Saradhapur

Reserve Forest

Gohiradanda

Reserve Forest

Pitalragadih

Reserve Forest

Police Station

&No

Kaniha/71

Kaniha/70

Kaniha/77

Kaniha/SO

Kaniha/79

Kaniha/68

Kaniha/78

Kaniha/69

Kaniha/41

Kaniha/62

Kaniha/61

Kaniha/60

Kaniha/63

Kaniha/64

Kaniha/65

Kaniha/67

Kaniha/66

Kaniha/88

Kaniha/87

Kaniha/85

Kaniha/

Kaniha/

Kaniha/

Tahsil /

Sub Div.

Talcher

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

District/ State

Angul/Orissa

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

Total

Arca in Acres

256.32

458 34

192.02

146.56

189.61

2260.00

73.28

318.55

410.00

57.78

209.39

360 00

883.48

198.46

103.40

112.12

87.99

.

322.00

128.00

35.00

250.00

45.00

50.00

7146 30

(Approx.) or

2892 068 Ha

(Approx.)

Remarks

Full

Full

Full

Full

Full

Part

Full

Full

Part

Full

Full

Part

Part

Part

Part

Full

Part

Part

Part

Part

Part

Full

Full

209

Q.-tf-

l he line starts trom point A which is the tnjunction point ot villages Kapudia,

Balipata and Bhana Reserve Forest. From here it proceeds towards east along the northern

boundary of villages Balipata and Badahira. Then after crossing Bankhol Nala through village

Masunihata and along the northern boundary of village Balarampur and Kaniha upto point

B\

C-P-E-f-fi

After point T.' the line proceeds towards noth-west along the northern

boundary of village Kaniha upto point ' C .

From here it moves towards south along the

eastern boundary of village Kaniha and then after crossing the road through village Kaniha

towards west and touches the common boundary of village Kaniha and Kansamunda at point

'D. Then it moves towards south through village Kansamunda and touches the common

boundary of villages Kansamunda and Jaipur at point 'E'. From here it moves towards south

through village Adaitprasad and Jamania upto point 'F", which is the trijunction point of

villages Jamania, Gundurinali and Jarada From here the line moves towards south along the

eastern boundary of village Gundurinali upto point

G-H

From point 'G' the line moves towards west through village Gundurinali, Gailanda

Saradhapur, Saradhapur Reserve Forest and Badagunduri to meet western boundary of this

village at point H\

H-A

From point 'H' the line proceeds towards north along the western boundary of villages

Badagunduri and Luhamara upto Bankoi nala, This route is also the eastern boundary of

Bankoi nala. Then it crosses the Bankoi nala in the north of village Luhamara and proceeds

towards north along the western boundary of villages Koilanpur and Balipata and meets at the

starting point' A.

|No, 43015/5/2000 PR1W|

SANJAY BAHADUR. Dy. Secy.

210

THE GAZETTE OF INDIA JANUARY 20 2(M)l/pAUSHA30 1922

[PART II—SEC 3 (H\\

ail

New Delhi, the 12th January, 2001

s. o. H8.— 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 sub-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 Government hereby gives notice of

its

intention to prospect for coal therein.

The plan bearing No.MCL/SAMB/CGM(CP&P)/Konark/00/16 dated the 26^lh April

2000 of the area covered by this notification can be inspected at the office of the

Chief General

Manager (CP&P), Mahanadi Coalfields Limited, Jagriti Vihar, Burla,

212

i HE UAZCITE OF INDIA : JANUARY 20, 20O1JPAUSHA30. 1922

(PART II—SEC. 3 (ii)l

Sambalpur - 768018 (Orissa) or at the office of the Collector and District Magistrate, Angul,

Orissa or at the office of the Coal Controller, 1, Council House Street, Calcutta.

All persons interested in the land covered by this notification shall deliver all maps,

charts and other documents referred to in sub-section (7) of section 13 of the said Act to

the officer-in-charge and Head of the Department (Revenue/Estate), Mahanadi Coalfields

Limited, Jagriti Vihar, Burla, Sambalpur- 768018 (Orissa) within ninety days from the date

of the publication of this notification in the Official Gazette.

Schedule

KONARK BLOCK

TALCHER COALFIELD

DISTRICT ANGUL (ORISSA)

AI| nants

(Plan bearing NO.MCL/SAMB/CGM(CP&P)/Konark /00/16 dated the 26^lh April 2000)

SL.

No.

1

2

3

4

5

6.

7

8

9

10.

11.

12.

13.

14.

15.

Village

Baghabasapur

Solda

Banabaspur

Telipura

Gopalpiasadkhamar

Khunnga

Satyabadipur

Tileipasi

Saranga

Kishorechandrapur

Joragadia

Khajuria

Niladripur

Prasananagar

Gopalprasad Reserve

Forest

Police Station

and No

Colliery/11

Colliery/12

Colliery/10

Colliery/13

Colliery/9

Colliery/14

Colliery/20

Colliery/21

Talcher/67

Talcher/68

Talcher/69

Talcher/66

Colliery/22

Colliery/19

Colliery/

Tahsil/

Sub

Division

Taicher

Talcher

Taicher

Talcher

Taicher

Talcher

Talcher

Talcher

Talcher

Talcher

Talcher

Talcher

Talcher

Talcher

Talcher

District/ State

Angul / Orissa

Angul / Orissa

Angul / Orissa

Angul / Orissa

Angul / Orissa

Angul / Orissa

Angul / Orissa

Angul / Orissa

Angul / Orissa

Angul / Orissa

Angul / Orissa

Angul / Orissa

Angul / Orissa

Angul / Orissa

Angul / Orissa

Total

Area in

Acres

297.53

2160.06

549.23

368.90

132.05

162.04

73.98

239.76

248.13

104,14

90.00

202.49

34.63

196,66

170.00

5029.60

(Approxi

mately) or

2035.451

Hactare

(Approxi

mately)

Remarks

Full

Part

Full

Full

Full

Part

Full

Full

Full

Full

Part

Full

Full

Part

Part

' , -?

Boundary Deacriodon

A~B.-C '

The line starts from point A\ on the northern boundary line of village Baghabaspur

on the eastern bank of Singda river. It proceeds towards east along the northern boundary of village

Baghabaspur. Soldo, Khajuria. Saranga and Kishorechandrapur upto point *B\ From here it moves

towards east through village Jaragadia upto point *C.

C-D-E

From point C it moves towards south through village Joragadia and touches the

eastern boundary line of village Kishorechandrapur at point "D". From point "D" it moves towards

south along the eastern boundary of village Kishorechandrapur upto point 'E*.

E-F-G-H-I

From point E' the line moves towards west along the southern boundary of villages

Kishorechandrapur and Saranga upto point 'F\ Then It proceeds towards south along the eastern

boundary of village Prasananagar upto point 'G.

Then it moves towards west through

villagesPrasananagar, Solda and Birabarpur upto point 'H. Then it moves towards south and west

along the eastern and southern boundary of village Khuringa. Then it proceeds towards north-west

through Gopalprasad Reserve Forest and along the western boundary of village Gopalprasad Khamar

upto the eastern bank of Singda river at point T .

I-A

The line proceeds towards north along the western boundary of village Gopalprasad

Khamar. Banabaspur and Raghabaspur which is the eastern bank of Singda river and meets at starting

point 'A*.

No. 43015/9/2000 PRIW1

SANJAY BAHADUR. Dy. Secy

*'U.I 2IK)

1

2ft

THB GAZETTE OF1NDIA JANUARY 20, 20OtfrAUSHA 30^l, \92t

\$AKr\l^$vS, i"ftlj|

New Delhi, the 12lh January. 2001

s. o. K'J.— 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 sub-section

(1) 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 Government hereby gives notice of

its intention to prospect for coal therein;

The plan bearing No.MCL/SAMB/CGM(CP&P)/Padma/00/14 dated 26.04.2000 of

the area covered by this notification can be inspected at the office of the Chief

General

Manager

(CP&P),

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, .1, Council House Street, Calcutta,

216

THE GAZETTE OF INDiA : JANUARY 20. 200l/PAUSHA 30, 1922

[PART II—SEC. 3 (11)]

All persons interested In the land covered by this notification shall deliver all maps,

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 (Orissa) within ninety days from the date

of the publication of this notification in the official Gazette.

Schedule

Padma Block

Talcher Coalfield

District Angul (Orissa)

All rights

(Plan bearing NO.MCL/SAMB/CGM(CP&P)/Padma/00/14 dated 26.04.2000)

SL.

No.

1

2

3

4

5

6

-

Total

Village

Joragadia

Kurihan

Nakcipasi

Padmabatipur

Rakas

Bmndabanpur

Police Station

&No

Talcher -60

Talcher - 80

Colliery - 23

Colliery - 30

Talcher -81

Talcher - 83

Tahsil/

Sub Div.

Talcher

Talcher

Talcher

Talcher

Talcher

Talcher

District/ State

Angul/ Orissa

Angul/ Orissa

Angul/ Orissa

Angul/ Orissa

Angul/ Orissa

Angul/ Orissa

Area in

Acres.

28.00

48.00

57.00

118.00

309.00

105.65

Remarks

Part

Part

Part

Part

Part

Full

665.65

(Approximately)

or

269.38

Hactares

(Approximately)

pyiindary Description

A-B-C-

The line starts from point 'A' in Village-Nakeipasi and then proceeds towards

north in the same village and meets the common boundary of village Joraggadia and Nakeipasi

at point 'B' which is the trijunction point of villages Nakeipasi, Saranga and Joragadia. Then

moving towards north in village Joragadia it reaches point C\

C-D-E-

F

The line proceeds towards east along the southern bank of Bangaru

Nala via village Joragadia and Kurihan upto point 'E'. Then the line proceeds towards east

along the northern boundary of village Rakas upto point 'F\

F-C-H-f

The line moves towards east along the northern boundary of village

Brundabanpur upto point 'G¹

Then it proceeds along the eastern boundary of village

Brundabanpur upto point H' and thereafter moves along the eastern boundary of village

Rakas upto point T.

21?

I-J-K-A

The line proceeds towards west through village Rakas and after crossing the

common boundary of villages Rakas and Padmabatipur at point T it continues to move

towards west through village Padmabatipur and crossing the common boundary of villages

Padmabatipur and Nakeipasi at point 'K\ meets at starting point 'A' in village Nakeipasi.

No. 43015/11/2000 PRIW]

SANJAY BAHADUR, Dy. Secy.

2**

THE GAZETTE OF INDIA JANUARY 20, 2001/PAUSHA 30, 1922

DWr U—&k 3 flitf

,-^i

New Delhi, Hie 15th January. 2001

S. O. 'JO.— 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 sub-section

(1) 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 Govt. hereby gives notice of its

intention to prospect for coal therein.

The plan bearing No.MCL/SAMB/CGM(CP&P)/GOPALPRASAD(West)/00/13 dated

26^th April, 2000 of the area covered by this notification can be inspected at the office of

the Chief General Manager (CP&P); 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, 1, Council House Street, Calcutta.

All persons interested in the land,covered by this notification shall deliver all maps,

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 (Orissa) within 90 days from the date of

the publication of this notification in the official Gazette.

220

THE GAZETTE OF INDIA : JANUARY 20.200 l/PAUSHA 30. K>22

(PART II—SEC. 3 (11)]

Schedule

Gopalprasad West Block

Talcher Calfleld

District Angul (Orissa)

AH rights

(Plan bearing NO.MCL/SAMB/CGM(CP«,P)/Gpd.West/00/13 dated 26.04.2000)

SL.

No.

1

2

3

4

6

7

8

9

10

Village

Balichandrapur

Pirakhaman

Chhotberini

Kankarei

Bhalugadia

Kuniunda

Baghua-Bola

Jarapada

Reserve Forest

Jaypur

Reserve Forest

Kaunsidhipa

Police Station and

No

Chhendipada-67

Chhendipada-66

Chhendipada-64

Chhendipada-65

Colliery-01

Colliery-119

Colliery-02

Angul - 17

Chhendipada

Chhendipada-63

Tahsil / Sub

Division

Chhendipada

Chhendipada

Chhendipada

Chhendipada

Talcher

Talcher

Talcher

Angul

Angul

Chhendipada

District/State

Angul/ Orissa

Angul/ Orissa

Angul/ Orissa

Angul/ Orissa

Angul/ Orissa

Angul/ Orissa

Angul/ Orissa

Angul/ Orissa

Angul/ Orissa

Angul/ Orissa

Total

Area in

Acres

428.74

246.16

493.87

1153.05

667.89

180.00

179.35

305.00

36,00

574.89

Remarks

Full

Full

Full

Full

Full

Part

Full

Part

Part

Full

4264.95

(Approximately) or

1726.00 Hactares

(Approximately)

Boundary Description

A-B-C -

The line starts from point *A' in Village-Kuniunda at the northern bank of Smgida

River, then proceeds towards south after crossing the singida River and along the western boundary of

the branch of the said river upto point B' where it crosses the branch river in village Bhalugadia Then

it proceeds towards south along the eastern boundary of village-Bhalugadia and along the common

boundary of Nuamuhin and Jarapada Reserve Forests upto point *C\

C-D-E-

The line proceeds towards west through Jarapada Reserve Forest upto point "D". Then

it proceeds along the southern boundary of village Balichandrapur upto point 'E\ which is the

trijunction point of villages Balichandrapur Kankarei and Durgapur Reserve Forest.

E-F-G

The line proceeds towards north along the western boundary of villages Kankarei and

Kaunsidhipa and western and northern boundary of village Chhotberini upto point 'G" at the western

bank of Singada river.

G-H-A

The line proceeds towards south along the western bank of Singida river upto point H'

and then proceeds towards east by crossing Singada river and through Jaypur Reserve Forest and

village Kumunda and meets at starting point "A".

No. 43015/10/2000 PRIW]

SANJAY BAHADUR. Dy. Secy.

*J.J

. • > ' !

i ; i

_ i ] ( i

4

222

THE GAZETTE OF INDIA : JANUARY 20, 200l/PAUSHA 36. 1922

[PART II-^SEC. 3 (li)J

New Delhi, llic \G\h Jmiuiirv, 2001

S. (). 91.— Whereas it appears lo the Central Government that coal >s 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 sub-section (1) of section 4 of

the Coal Bearing Areas (Acquisition and De\elopment) Act, 1957 (20 of 1957) (hereinafter

referred to as the said Act), the Central Government hereby gives notice of its intention to

prospect for coal therein.

The plan No MCL/SAMB/CGM(CP&P)/Dulunga/00/20, dated the 28*

April. 2000 of the area covered b\ this notification can be inspected at the office of the

Chief General Manager (Coal Pro)ect & Planning), Mahanadi Coalfields Limited. Jagnti

Vihar, Burla. Sambalpur - 7680IS (Onssa) or al the office of the Collector and District

Magistrate, Sundargarh, Orissa or al the office of the Coal Controller, 1, Council House

Street. Calcutta-

All persons interested in the land covered by this notification shall

deliver all maps, charts and oilier documents referred to in sub-section (7) of section 13 of the

said Act to the onicer-in-charge and Head of the Department (Revenue/Estate), Mahanadi

Coalfields Limited. Jagnti Vihar . Burla, Sambalpur - 768018 (Onssa) within ninety da\s

from the date of the publication of this notification in the Official Ga/elte

223

Schedule

Dulunga Block

Ib Valley Extn. Coalfield

District Sundergarh (Orlssa)

All right*

(Plan bearing NO.MCL7SAMB/CGM(CP&P)/Dulunga/00/20 dated the 28¹¹¹ April. 2000)

SL.

No.

1

2

3

4

5

6

7.

8.

Village

Dulinga

Bcladihi

Khuniijharia

Majhapara

Ainlajharana

Saparlia Reserve Forest

Giripahar Reserve

Forest

Reserve Forest

Police Station

and No

Hemgir/105

Hemgir/111

Hemgir/113

Hemgir/112

Hemgir/100

Hemgir/100

Hemgir/100

Hemgir/100

Tahsil/

SubDiv.

Hcnigir

Hcnigir

Hcmgir

Hcmgir

Hcnigir

Hcmgir

Heingir

Hcmgir

District/ State

SundergarlV

Orissa

Sundcrgarli/

Orissa

Sundergarh/

Orissa

Sundcrgarli/

Orissa

Sundcrgarh/

Orissa

Sundergarh/

Orissa

Sundergarh/

Qrissa

Sundergarh/

Orissa

Total

Area in Acres

869.71

1034.27

392.48

467 42

525.00

282.00

971 00

35.00

4576.88

(Approximately)

or 1852.238

Hectares

(ADDroximaeN)

Remarks

Full

Full

Full

Full

Full

Full

Full

Full

Boundary Description

A-B-C :-

The line starts from point 'A¹, which is the trijunction point of villages Dulinga,

Sharabana and Kalaqmegha. It proceeds towards south along the common boundary of

villages Dulinga and Kalamegha, Satpariia R.F. and Kalamegha, Satparlia R.F. and

Khapurikachhara, Majhapara & Khapurikachhara, Khuntijhura and Khapurikachhara,

Giripahar Reserve Forest & Khapurikachhara, and Giripahar Reserve forest & Kalamegha

upo point 'B¹. Then the line proceeds towards south along the eartern boundary of

Giripahar R.F. and village Ainlajharana upto point 'C which is the south-east corner of

village Ainlajharana.

C-D-E-F

After point 'C the line proceeds towards west along the southern boundary

of villages Ainlajharana & Giripahar Reserve Forest upto point 'D' which is the trijunction

point of villages Kutra, Giripahar Reserve Forest and Tangardihi. The line then proceeds

towards north-west along the western boundary of Giripahar R.F. and village beladihi upto

point 'E'. the line then proceeds towards north-east along the northern boundary of villages

Beladihi & western boundary of village Dulinga upto point 'F' which is the trijunction point of

villages Dulinga, Monoharpur and Ghumudasan.

F-A

From point 'F' the line moves towards east along the northern boundary of

village Dulinga and meets the starting point 'A'.

No 43015/6/2000 PRIW|

SANJAYBAHADUR. Dy Secy.

224

THE GAZETTE OF INDIA JANUARY 20 2(M)l/PAUSHA 10. 1922

IPuull—Sa 1 (n)|

225

New Delhi, the 16th January. 2001

s. o. ⁱn

Whereas by a notification of the Government of India Ministry

of Petroleum and Natural Gas number SO. 2247

dated 12th October,2000 issued under

sub-section (1) of Section 3 of the Petroleum and Minerals Piplines (Acquisition of Right of User in

Land) Act, 1962, (50 of 1962), (hereinafter referred to as the said Art), the Central Goverment

declared its intention to acquire the right of user in the lands specified in the Schedules annexed to

that notifications for the purpose of laying pipelines for transport of Natural Gas in the State of

Gujrat from Chanchvel - Vagra to GAIL - LPG Plant Roza - Tankaria - Amod, District Bharuch by

the Indian Petrochemicals Corporation Limited ;

And whereas, copies of said Gazette Notification were made available to the public from

6th November, 2000;

And whereas, the Competent Authority has under sub-section (1) of Section 6 of the said

Art submitted his 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 annexed to this notification is hereby acquired for laying the pipelines;

226

THE GAZETTE OF INDIA : JANUARY 20. 2<)<>llPAUSHA 30, 1922

[PART II—SW. 3 (ii)l

And, further, in exercise of the powers conferred by sub-section (4) of Section 6, of the

said Act, the Central Government hereby directs that the right of user in the said lands shall

instead of vesting in the Central Government vests on this date of the publication of this

declaration in the Indian Petrochemicals Corporation Limited, Dahej, District Bharuch.

SCHEDULE

DIST: BHARUCH

STATE : GUJARAT

Area

Name of

Taluka

(1)

Vagra

Amod

i

i

Name of

Village

(2)

Chanchvel

Roza-Tankaria

Survey/ Sub

Division or

Block No.

(3)

1207/Part

1205/Part

928/Part

929/Part

931/Part

930/Part

933/Part

936/Part

Cart Track

Hectare

(4)

00

00

00

00

00

00

00

00

00

Are

(5)

10

20

25

00

23

08

43

05

04

CentJare

(6)

. 50

00

50

05

70

50

25

55

00

lNo.F-14014/ll/yyGP(Vpl I1I)|

S.K.SINGH. Under Scc>.

*m

New Delhi the 18th Jamiarv 2001

s. o. 93.— 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

(1)

Shri Sunil Sharrna,

Rajasthan Administrative Service,

on deputation to the

Indian Oil Corporation Limited,

(Pipelines Division)

33, Muktanand Nagar,

Near Gopalpura Bye Pass,

Jaipur,

Raiasthan-382150

Area of jurisdiction

(2)

State of Rajasthan

[NO.-31015/50/2000ORI]

S CHANDRASEKHAR. Under Secy.

$0i

f^^m^tx0^iK-jMi^^^mr^Aii,m,r,,^

....... simwtV&W

New Delhi, the ISlh Jnnu;ir> 2001

s. o. <)4.— 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

.. . _1!L_

Shri J.K. Ahuja,

Tehsildar,

State of Haryana,

on deputation to the

Indian Oil Corporation Limited,

(Pipelines Division)

KothiNo.1439,

Sector-15,

Urban Estate,

Snnpnat

111001

Area of jurisdiction

(2)

State of Haryana

I NO - J H) 13/3 //ZUUU UK 11

S CHANDRASEKHAR. Under Sec>.

229

MINISTRY OF LABOUR

New Delhi, the 3rd January, 2001

SO. 95.—In pursuance of Section 17 of ihe Iiulustiiul

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

heicby

publishes the Award of the Industrial

Tribunal,

Chtfiniui as shown in t.'ic Anncxiue in the Industrial Dispute

between the employers in relation to the management of

fj'juihoiii Railway, Madras and their -workman, which was

received by the Cential Government On 2-1-2001.

[No. L-41O12/222/95-IR(BI)l

AJAY KUMAK, Desk Officer

ANNEXURE

HI FOR!- THI. INDUSTRIAL TRIBUNAI, TAMIL NADU,

CHENNAI

J'KLSENT:

Monday, the 27th day of November, 2000

Thinr S. R. Singhmavclu, B Sc. B.L., Industrial Tribunal.

Industiiul Dispute No. 5 of 1997

(In the niaUcr of the dispute for adjudication under Sec-

lion 1fl(J)(d) of the InduUml Disputes Act, 1947 between

the W(i(:man and the Management of Chi't Peisonnel Ofh-

cer, Southern Railway, Chcnnai.)

BLTWEliN

Shii R. Moiian,

37, 10th Street, Avedj.

Madras fi00071.

AND

The Thief Personnel Officer,

Southern Railway,

Madras.

Rl FERENCE:

Ouier No. I-41012/222/95-TR-BI dated 6-11-96. Minis-

try

uf

Labour,

Government

of

India,

New

Delhi

This dispute coming on for final hearing on Thursday,

tlic 16th day of November, 2000, upon peiusing the lefer-

ence, Claim and Counter statements and all other material

papeis on record¹ and upon hearing the arguments of Tvl.

R. Vaigai, Anne Mithew and M. Ramamani, advocates ap-

pealing for the wovkmpn and of Thiru P. Arulmudi, advo-

cate appearing for the Management and this dispute having

stood over till this day for consideration, this Tribunal made

the following :

AWARD

The Gr.vci nment of India fps refei red the following issue

fir adjudication bv this Tiibunffl:

"Whflher the action of the Manacrment of the Southern

Railwav, Madrai in terminating the services of Sri

R. Mohan an e\ neon while he was in continuous

employment from 6-1-82 to 13-6-91 is just proper

and legal ? If not, to what relief is, the workman

entitled to ?"

2. The main aveiments found in the Claim Statement of

th; petitions aie as follows : The petitioner was appointed

as a Substitute

Bungalow Luscar

in

the pay

scale

o£

R:,. 19ft—232 by an Order dated 6-I-19S2. Ho was to work

ua a Substitute Bungalow Luscai to the Deputy Chief Mecha-

nical Engineer. The ^ratd Deputy duet Mechanical Engineer.

Thiru C.S.S. Rajan letiicd¹ from service at the end of that

month on 31-1-82.

The petitioner actually worked as a

fcon in the Office of the Chief Mcchan'cal pnginccr from

0-1-82.

The petitioner was terminated 'from service by an

Order dated 19-9-83 vy.e.f. 12-9-83. The applicant raised an

Industrial Dispute which was referred to the Tndusliial Tri-

bunal Madras at I.I). No. 117/87.

On 16-3-K9 the Indus-

trial Tribunal passed its Award holding that the termination

of the petitioner'- s-ivice is illegal. The respondent-Railway

filed O.A. No, 678/89 before the Central Administrative

Tribunal, Madras challenging the Award of the Industrial

Tribunal passed in I.D. No. 117/87. The said Original Ap-

plication was dismissed on 27-11-89.

Against the dismissal

of the Original application the lespondent filed a review

implication R S. No. 17/90 which was also dismissed on

22-2-91. \Vhen O.A. 678/89 was dismissed by the Central

AdmiriMinlive Tribunal, Madins on 27-13-89, the Tribunal

agreed with the Award of the Industrial Tribunal, that the

termination was in violation of Section 25F of the I.D. Act,

bu¹ made a observation that it will be open to the respondent

to take appmpriate steps in tpuns of the I.D. Act if so advis-

Cil. In thi' meanwhile the petitioner filed O.A. No. 424/91

bsfote the Central Admini^qtia!ive Tribunal, challenging the

Award in T,D. No. 117/87 in so far as it denied the peti-

tioner back wages. The said Original application was allow-

ed on lfi-fi-92 and the petitioner was paid Rs. 97,000 towards

back wages in May, 1993. He was reinstated as a Bungalow

Luscai

w.c.f.

I Oth June,

1991 by

an

oider

dated

HHh June,

1991. The petitioner immediately

joined ser-

vice on 10-6-91.

Unfortunately on 13-6-9] the petitioner's

<ci vices, wen.¹ teiminaterf w.c.f. 13-6-91. This time the res-

pondent paid the petitioner retrenchment compensation as

per Section 25F of I.D. Act. Since the earlier termination

was held to be illegal by two forums for non-compliance with

the mandatory provisions of Section 25F o[ Industrial Dis-

putes Act, this time the respondent complied with the pay-

ment of retrenchment compensation in order to rlothr fie

(cmination with a semblance of legality.

The action of tbe

Tcpundent in retrenchment the 'ervieec nf *^- ""^f;*-'.—«r

i'ef

1.l-6-i] after purporting to comply with Section 25F

of I he I.D. Act is illegal and unjust. When The O d-r of

reinstatement wus passed on 10-6-91 it clearly stated that

the petitioner's services arc deemed to be continuous from

13-9-83 the date when he was terminated earlier, Consequent-

ly the petitioner i° deemed to have been in continuous service

f'nm his initinl date of appointment viz. 6-1-82.

During

tli'i=i period beiwepn 6-1-82, and 13-6-91 even so manv Bun-

p'llov Luscrs had brcn unnointed, who would' all be juniors

to the petitioner.

Therefore the rsrinciple of 'Last como

first no' should have been idhered to and the junior m°st

Huncalow Luscar alone should have been retrenched, and

no' 'he petitioner.

The petitioner prays to hold the termi-

nation of ib» petitioner's •rvvic.vs by the Order dated¹ 13-6-91

is wholly illej/fll and unjustified,

3. The Train averments found in thr Counter statement

of the Resnof dent are as follow- ' Shri R Mohan Ihe re-

prescntntionist who inised 'he Tnriifslrial Disnute was ini-

tmllv HT/pointed a« Substitute Runcifow Tuscur bi¹ Shri CSS.

Rnl.Tn then Denuty Chr-f IVfechnn'cal Fnpincer on 6-1-82

for ^r-vk-en in hh resirirnfe under the scheme authorisinp

the Ailminislrative Grarfe OfTiccrs in the Railwav to ancoint

'if theii chiv'ci*

It is only -<f(er comDlclion of 3 years con-

tinuous se^jv''-e MS Subsoil Lite Buipalow T a^ccar either with

the tame officer or more than one officer, individuals thus

enea"C(' will derive the riuht "s recularlv anDointed lascars/

Ponns,

A-j per the terms of his -"'pnoiTitment hi" service

u'liriri have bren terminated on the aftpinoon of 31-1-82.

However

a^<, a ^{ie=ult of inadvertancies. Sri R. Mohan was}

eon⁽''nii«i1 in ••erM'ce withonf iirnncr set-h'on

Tmni'-diotel,

on (nm-'nK to knoi" oT the inccnl'ir < onli'vrince his seivices

iveh" ti-invn;i'n1 vi*b pff»ct from 12-9-R1 AN

As rjer the

Awid¹ pi^rd on ffi-^.fiq, the Tribunal held thai the Order

of ffrffli'nfltjov] would be retrenched and allowed the annli-

ailidri on thr ground that thr nrocedurc laid down under

59 Gl/2001—6

230

THE GAZETTE OF INDIA : JANUARY TO, 2001/PAUSA 30, 1922

[PART II—SLC. 3(ii)|

Section 25F of the Industrial Dispute Act hos not been

followed.

Aggrieved by the above award, the Railway Ad-

ministration filed O.A. 678/89 before Madras Bench of the

Centra] Administrative ltibunul-

In the Judgement dated

27-11-89 from the Central Adminittiative Tribunal, Madras

it was held that substitute Bungalow Lascar is vvoikman and

therefore before tciminating the services the conditions men-

tioned in Section 25F of l.D. Act had to be followed.

In

compliance with the judgement dated 16-9-92 from the Cen-

tral Administrative Tribunal, Madras in O.A. No. 424/91

filed by him, he was later on paid back wages for the period

from 12-9-83 to 9-6-91 also,

His services were terminated

fiom 13-6-91 as per the terms of his appointment after

complying with the provisions of Section 25F of Industrial

Dispute Act on payment of retrenchment compensation and

notice period wages.

The claim of the petitionei that his

termination of services fiom 13-6-91 was against constitu-

tional provisions was held as without merit as per the judge-

ment dated 15-7-93 and 28-2-94 in O.A. No. 459/t>2 and

R.A. No. 88/93.

In the eiicumstances it is submitted that

there is no merit in the Claim of the petitions for lertnung

the ca.se for Arbitrations or further investigation in the mattci.

The petitioner prays to dismiss the above petition.

4. On behalf of petitioner/workman, Fxs. Wl to W7 were

marked by consent.

On behalf of respondent, Exs, Ml

to M4 were marked¹ by consent. No witnesses were examin-

ed for both sides.

5. The Point for consideration is; Whether the action of

the management of the Southern Railway, Madras in the

services Of Sri R. Mohan an ex-peon while he was in con-

tinuous employment from 6-1-82 to 13-6-91 is just proper

and legal ?

If not. to what relief is the workman entitled

to?

6. The Point: Thiru R. Mohan, the petitioner was initially

appointed as Substitute Bungalow Luscar on 6-1-82 bv Sri

C. S.S. Rajan, the then Deputy Chief Mechanic U EnRineci.

The scheme of the Railway respondent provides that the

candidates thus appointed would be discharged if the officer¹;

who appointed him retires from service within 3 ycais of

their appointment, and his successor officer does not require

the services of the individual within 3 years. Thin it is only

after 3 years contiguous service, the individual will derive

the right of rcgularisation. Anyway in paia. 4 of the Replv

statement of the respondent, it has been admitted that due

to inadvertence the petitioner was continued in service without

proper sanction, till lie was terminated on 12-9-83. After

knowinp this irregularity, he was icrminatc'd,

7. His termination order was marked as Ex. Wl, wherein

the following was found :

"The services of Sri R. Mohan, Bungalow

Luscar/

Rs. 196—232 is termlndk-d w.c f. 12-9 83 A.N."

Except these two linen no more reasons were found therein.

Therefore, an Industrial dismile wai raised in l.D. No,

117/1987, wherein an award was parsed on lfi-3-89, the

copy of which was marked as Fx. Ml. It was mentioned

therein as follows :

"While comine to conclusion, the Supreme Coiut also

considered section 25-F of the Industrial Disputes

Act and held that the termination in that case of

a workman would constitute retrenchment and for

not complying with the prc-coridilions lor valid

retrenchment the order of termination would be

illegal and valid. This decision is directly appliable

to the facts of this case and therefore it is binding

on this tribunal, 1989-1 LLN(SC) page 278 (Krishna

Kumar Lubev Vs. Uttar Pradesh State Food nnd

Fssential Commodities Corporation and another) is

the latest decision wherein Supreme Court has held

that when an employee continuously worked for

more than 240 days. hi= termination

of

service

without complying with the provisions of Section

25-F of the Industrial Disputes Act held illegal. It

cannot be contended by any stretch of irmiEination

on the basis of circulars issued u-ider Exs. Ml and

M2 that the appointment WHS only unW efrtain

conditions and that he enn be terminated without

following the procedurp laid down under section

25F of the Industrial Disputes Act. Those dicuiars

cannot tnke precedence over the statute, which

protects- any workman who worked continuously foi

not less than one year under any employer shall not

be retrenched

without

following

the

conditions

mentioned therein.

Point 1 : For these jeasons, the termination of the

petitioner is not legal and not justified and this

point is found in favour of the petitioner.

Point 2 ; In view of the finding in Point No. 1 the

petitioner

is entitled

to reinstatement and

the

respondent is directed to reinstate him without any

back wages but with continuity of service and other

attendant benefits."

8. Thus there was an award in favour of the petitioner

for reinstatement with continuity of service; but it was with-

out any backwages. Aggrieved over the same, the management

preferred O.A. No. 678/89 before the Central Administrative

Tribunal, and the award passed therein was marked as E\, M2,

wherein the following was held :

"The first respondent was appointed on 6-1-1982 by the

Assistant Personnel Officer as a substitute .Bungalow

Lascar to the Deputy Chief Mechanical Engineer,

The said officer retired on 31-1-1982 and the R. 1

continued to work. According to the applicants, R. 1

was permitted to work till 12-9-1983, when the

applicants realised that R. l's services should have

been terminated and terminated the service, of the

applicant with effect from 31-1-82, as per the leirns

of appointment. The Respondent No, 1 on receipt

of the termination order approached the Industrial

Tribunal. The Industrial Tribunal consideicd the

question and held that the order of termination

would

be a retrenchment

since the

conditions

mentioned in 25(F) was not followed, and allowed

the application.

This Bench had held in O.A. 32/89, that the

applicant

theiein, who is

similarly placed

as

Respondent No. I in this case, namely Bungalow

Lascar will be a 'workman' and therefore before

terminating him, the conditions mentioned in Src.

25F of Act had to be followed. One additional

fact that hod to be noticed is in the oiiler of the

Industrial Tribunal it is mentioned that there was

no dispute by the railways about the status of the

applicant as a 'workman*.

In view of the above, the application is dismissed.

However, we make it clear, that it will be open fry

the applicants to take appropriate steps in tt'ims of

l.D. Act, if so advised, and this decision will not

stand in the way of the applicants to take such a

step as per the l.D. Act."

9. Thus in order to comply with Section 25-F of Industrial

IXsnute Act, an opportunity was given to the management:

simultaneously holding that the erstwhile order of dismissal

is against Section 25F of l.D. Act and so invalid.

10. In pursuance of the awaid passed in l.D. No. 117/87

there was grievance for the management for the Order of

reinstatement mpdp ther°in and so the manai?^|"ni''n^t irrfi rr?d

O.A. No 678/89 mentioned above which ended in I^j.x. M2

aw-^rd. Simultaneously, as against the other pnrtion of the

result in l.D, No. 117/87 that the prHtioner shall not he paid

hackwaces. the later preferred O.A. 4*59/92 before the

Ontnii Administrative Tribunal wherein

an Order wos

passed hv Fx. Ml dated 15-7-93 and it was h.:ld therein thi't

thr apn1ic<rit will have to exhaust the remedy undei tl;e

Industrial Dispute Act aTid he cannot approach (he Ce-ntial

Administrative Tribunal without exhmistinc that remedy. Thus

on th- basis of inrisdictionpi point the petition O.A. 4S9/82

uns di^cvnir=rd. Petitioner's Review netitinn No. 88'93 fiM

before thf Cen'rsi Administrative Tribunal was also dismissed

on 78-2-94 ind the copy of order of which was mnrkert n-.

FT. M4.

11. It was said in para. 6 of the Reply statement of the

management that in compliance of the Judgement

dated

16-9-92 of Central Administrative Tribunal, Madras in O A.

474/99 filed by the workman, h* was later on paid backwages

for the period from 12-9-83 to 9-6-91. He vvas also reinstated

on 10-6-91 through Ex, W2 order. This was made in com-

231

plunci; with the Award in I.D. No. 117/87 us confirmed by

the Central Admimsti alive Tribunal in O A. 678/89.

12. It was on 13-6-91 within 3 days, after hi3 reinstatement

the petitionci was again terminated. This lime they have

givm ihe compensation amount as determined in Seition ?5F

DI the Industrial Dispute Act. The copy of tci munition order

was maiked as hx. \V3 Ex. W4 was the leprescnttition nndc

by [he pctilioiiei, on which a paiawise comment was mad"

by the respondent through Ex, W5.

There was a failme

leport of Conciliation thuuigh Hx. W7 and the matter was

lifened hcic.

13. The Learned Counsel foi the Management now argued

that tiue it was that the petitioner was appointed as a Lascai

on 6-1-82; it was equally true that by inadveitance ol the

management, his seivices was continued till teimmatcd on

12-9-83. The dispute was refcried to this Tnhimal which

passed an award in ID. 117/87 mentioning that Section 251'

was not complied with and so the termination dated 12-9-83

was illegal and that theiefore an Order of reinstatement with

continuity oi service but without backwages was made. In

Paia. 6 of the Reply statement, the management conceded that

in OA No. 424/91 preferred hy the workm >n befote the

Ccntiaj AdmiTiistiative Tribunal, backwages WHS oidered and

accordingly the same was paid. Again O.A. No

459/92

preferred by the workman before the Central Administrative

Tubunal on other respects was dismissed OTI the giouild of

jurisdiction.

14 Therefore in compliance of an award passed in i D

No 117/87 and above noted OA. No. 678/89, the workman

was again reinstated on 10-6-91 through Ex. W2 order. This

was also after payment of backwages. Subsequently, lie was

tciminatcd on 13-6-91 thiough Fx. W3 older, of course afto

complying with Section 25F of TD. Act

15 Now the learned Counsel for the Wo'kinan aigueii

by vhtue of Awaid passed in I.D. No 117/87 which WJ,

confirmed in O A. No 678/89 befoie the Central Admini^tia-

tive Tribunal, the services of the woikman was continnoui

from the dale of appointment 6-1-82 till he was reinstated

on 10-6-91. Thus his services is of continuous period of

9-1/2 years During this period of 9-1/2 years, thpre would

have bcon humpty number of Luscars appointed by the

matryement

If such person¹- ^ie b'ounht to litjht then it

must be that last person should be fiist retienched Tn this

connection, M.A. 202/99 was filed by the woiV.man which

WTS resisted bv the management and there was a Speaking

Order dated 11-4-7000 by this Tribunal wheicby the dcou-

mei-t- wcic ordered to he produi-sd or 2b-*-20(i0

Hut those

d icumenls havt» not been prodncrd It K idle for the itionace-

ment now to contend that the documents aic not available

There was no proceedings taken against the Older passed by

Ihis Tribunal in M A. No. 202799.

Therefore, we are

constiained lo take adveisc inference that such documents

arc available with the management and the non production

of the same will go to show that similar other lasrars arc

in service who were appointed later thun this pctitionci

Natural justice rcquiies thai the last person appointed diall

firsl be ictrenched. As this is not followed the lamination

is ilkgnl

and motivated

Theiefore, th-

Older of Termi-

nation is held as invalid and is set aside.

16 Tn the result, the Older of reinstatement is ordered

in favour of the petitioner with backwages continuity of

service and all other attendant benefits.

Award

passed

accordingly. No costs.

Dated nl Ch*nnai, this 27th day of November, 2000

S R. SIGHARAVELU, Indtuitial Tribun il

I.D. No 5/1997

WITNESSES EXAMINED

Foi Petitioner/Workman : None

For Respondent/Management: None

DOCUMENTS MARKED

Petilionci/Workman :

I

I.x. Wl 19-9-8^ Termination

oulei

issued

to

the

petitioner

Ex. W2 10-6-91 Older of re-lnstatement Issued to the

petitioner,

Ex. W3 13-6-91 Termination

order

Issued

lo

the

petitioner.

Ex, W4 18-4-94 Copy of the 2A petition filed by the

petitioner.

Ex W5 18-4-94 Remarks of the respondent, before the

Conciliation Officer.

Ex. W6 21-11-94

Rejoinder filed by the petitioner.

E\ W7 14-8-95 Failure report.

Management/Respondent:

I-x Ml

Award in I.D. No. 117/87.

Ex. M2 CAT Judgement in OA. No. 678/89.

hx. M3 CAT Judgement in O.A. No, 459/92.

Tx, M4 CAT Judgement in Review Petition No, 8S/93

in O.A. No. 459/92.

New Delhi, the 3id January, 2001

SO. 96.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award of

the

Industrial

Tribunal

Chennai as shown in thc Annexure m the Industrial Dispute

between thc employers in relation to the management of

Integral Coach Factory, Madias and their workman, which

was teceivcd by tlie Cential Government on 2-1-2001.

[No. L-41012/5S/94-IR(B-I)i

AJAY KUMAR, Desk Officer

ANNEXURE

BEFORF THE INDUSTRIAL TRIBUNAL, TAMIL

NADU, CHENNAI

Wednesday, the 29(h day of November, 2000

PRESENT:

Thnu S. R. Singhaiavelu, B Sc, B L, Industiial Tribunal,

INDUSTRIAL DISPUTE No. 118 of 1997

(In thc mattci of the dispute foi adjudication under Section

10(1 )(d) of the Industnal Disputes Act, 1947 between the

WivVman and the Management of Integral Coach Factory

Madias-38)

BETWEEN

Shri Rnghavel,

Dr Ambedkar Slreet,

MaUnallathur village and Post,

Tiruvellore Taluk,

Cengai M.G.R. District-602004.

AND

Thc Management of hitcpi.il Coach Factory,

MaJr.is-600038

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REFERENCE:

Older No. L-4L012|58|94-1RBI DL 3u-t> 95, Ministry

of

.Lauuur, uovi. ol luaiu. New Delhi.

ims umpute coining on iui iinm Hearing on Monday,

tne i / m u.iy ^Tol ivoVemoei, ZUW, uron i^-iusi.jg me ieie,eiii_c,

V-iuUii u n t i LOmiLoi oiitifc,in,ULi u i i u mi m i n i ' iiiiiL^iitii, iM|n,i'<

• ) i i

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paianiujiiiuii uiia V. /ijoy tvno^t, /-uivuut-es appearing 101

uic yvoiKiiuiii uiiu -or

iiiiiu V.3.K, rl..iiiniauu, jtvuKa, /�vo-

Cuie ripjji-uuug ioi tne raunagt.ineiu unii LHI.S uispuie Having

stooa ovei uu inis any JOI t,uu->iui,raiioii, IJJIS 1i10m1.il m.ido

iiie lOiluwing

AWARD

ihe Govt. ol India nas rnuied tin. following 1 ,suc £01

aujuuicaiioii oy iMs inburui ;

"vvneiner we uuion 01 the imuidgemciit QL Integi.il

coacn jracioiy, IULKUUS 111 uisiiii^uig uu. bcivices 01

bll 1V1. KuJjuVOl, Oil BX-KUUl<ja4 W.e.j., iV-ll-ti^

JS

just iiiiu le^di / 11 noi, to wh.u 1 cilet is Hie wurKman

eiiiuieu to /

2. 1 he mam averments lomid in the I IJJIQ statement of the

peuiiunei ui>; Hi toilOWs ;

Ine peiiuonei joined m the scrvn.es ot the nitegial Cvuc.i

t-ULiufy on n-L-rj

as iviiamsi. i-ater tie waj piunujtcd us

Kiiauisi neipei, JUiie LL IUI unless ne was ITXA auie to pieseni

HilcimniLi.iiy between -1-MJ-o/ to /u-li od 101" ii^i Uiiys. inc

Assu. woitiS iviujiaijci muei.1 a Liiiiige iviLina Uutetl 5-/-bd

ajicging mai Jie Wcib umiuihoi iwaiy no^eut ior 11/

days

beLWeen 4-iU-S/ to Z6-j-en. biiice nis uiiiLbs s ^{o t} aggravaitJ

his (_ousin brotner at K.ani.hipuruiii took mm lo 111s house. He

tooK iitaimcnL irom uoaor i\ i^ofiandtnun, Oovcrniiient Hos-

pital. Karicnipui'uoi in between 2/-7-B8 to, ltt-/-by,

Atier

u^iinont at Kanclupuram ho joined dmy. Having pcimiitcii

him 10 join duty, the management should have oldered lor

another enquiry afresh setting asido the eaihei enquny, said

to have Dcen conducted against him. I he Worlo Manager

dismissed him lrom service by uu order duteu 2y-ll-89. Ine

Works LViauager is the disciplmaiy lUithoniy. But the Asst.

Works Manager issued the Cnarge Memo initialing tho disci-

plinary .1C110P, who has no jun^Uiction. Betoro passing the dis-

missal Older, the findings of tho enquiry officer was noi

given to him. The Dcpuiy Chief Mechanical Engineer rejected

his appeal by an order dated 5-4-90. Eui thtr by their original

mistake the petitioner was denied opporLijiiity to file revision

to the Chief Mechanical Engineer, since he was stated to have

been the appellate autlvoi ity originally and llie pelitionei was

not put on notice about his lighi to revision and the authority

for revision.

rlhe Depu.y Chief Mecbiinicul Engineer Is not

art appellate authoiity. Therefore ho has no jurisdiction li>

dispose of his appeal. As per the Board's letter dated 10-11-89

which wns admittedly received by the respondent on 15-11-91,

much pi ior to (he date of dismissal. Lhe respondent tiusht to

have issued second show cause notice end ;JSJ furnished the

enqu!;-][ proceedings and findings of the enquiry officer, gi\

ing the petitioner opportunity (O explain on ihi. findings and

also on tlio proposed punishment. Without adhering this ruli%

dismissing the petitioner straiclit invav b« an Order dated

29-11-91 without issuing second show cause notice nnd with-

imt fnrn *.!'ii)g the findings is totally depymj; opportunity to

tho prtftioiier and therefore illegal. The petitioner hclang to

Scheduled Caste.

He hails from ruMl ogri^ultiirnl coolie

fanuly fin was the fii^ct person who got nnplovmcnt 'hat too

in Crntnl Government Service. Hi* stuJii'd only upto 9th Std.

He is the only brend winner of his fimilv. Hf has his u^ed

mother, wife and 2 children. Inspite of "'aritiuj icpre^|!''n^tDlions

and 'inptaK' to provide him on opportunity to rehahihlatc

himself and his familv, he was denied the same. The pctlt^:-~>ner

prays to pass an award holding tint iho icmo\al is not justi-

fied and direct tho respondent to icinstnfe th/ petitioner with

continiiitv of service, back waic's »nd o'hrr fittenibnt benfflts.

3. The main averments found in the Counter Statement of

the respondent are as follows :

Tho petitioner was appointed as f¹ Mali on a Pay Scalp

of Rs 196-232

w e f. 17-2-1979, Ht v» is 'r.msfci n^ad

as

Khalasi on 28-4-1979 and later he wns protnoW -is Khalasi

Helper from 26-11-84 till his removal on 1-J2-R9 The ncti-

iioner t, a* n chron'c absentee and h.fd absented for a cumu-

lative period of 1223 dav<: in his 10 years of service. Though

his reply cljimed to have pioduced private medical ceitiiicate,

but 110 such ceitiiicates were enclosed or produced. Thereby

an inquiry was oidcred by the Oisciphn.iry authority and an

Inquiry Ollicer appointed 011 5-10-88. The Inquiry Order dated

5-to-bH and advices dated 2-S-89 and 20-6-89 hxing the

Inquiiy on 3Or5-89 and 11-7-89 respectively were sent by

rcgisieied post to the petitioners last known addicss given

in his service reccuds boln the notices wen. leturned

us

'not found', thereafter the inquiiy was proceeded with 'ex-

paitc' on 11-7-89. Based on the inquiry report the Discipli-

nary authority imposed the Older ot lemovnl from service'

w.ij.f. 1-12-89. Further the contention that the Asst. Works

Manager has no jurisdiction is not tenable, as the Officer who

appointed the petitioner as Mali was an Assistant Officer and

his transfer as Khnlasi was by Senior Scale Officer. T he Order

of removal from seivicc was under tho signature of the Works

Manager (Senior scale), who is the appointing authority.

Further the averment that the inquiiy report was noL made

available prior to the imposition of removal, the Apex Courts

decision after the 42nd Amendment of the Constitution of

India, an Inquiry report to the delinquent prior lo penalty

oider is not necessary.

Tho penalty order issued under the

signatuie of the Works Manager (Senior scale) had inadver-

tantly showed that an Appeal shall Jay to Chief Workshop

Engineer/Shell whereas the Appellate Au.horjty was the

Deputy Chief Mechanical Engineer/Shell.

Even though, the

petitioner had addressed his apped to C WE/Shell, the appeal

was considered by the appiopriutc authoiily i.e. the Dy. C ME/

Shell

and orders

passed,

Similarly the Revision petition

addressed to the CME Shell, was considered hy the Compe-

tent authorty i.o. the CWK Shell an.l rightly disposed oil. The

lespondent pravs thnt the termination of the petitioner who

was engaged as a Mali in terms and conditions to his appoint-

ment order is lcpol and the petitioner seeking for a direction

for reinstatement with backwagos

and continuity of service

and all other consequent in] benefits anJ costs is not entitled

foi the same.

-1. On behalf of petitioner, Ex. Wl t3 W19 were marked

liy Loa^rent. On behalf of respondent, Ex. Ml to M22 series

were maikcd by consent, No witnesses were examined for both

sides.

5, Tho Point for consideration is : Whether the action of

the miipapement of Integral Coach "Factory, Madias is dis-

missing the seivices of Sri M. Ragavcl, an cx-Khalasi w.e f.

29-11-89 is just and legal? If not, to what relief, ia the work-

man entitled to ?

b. The Point: The petitioner-Woikmun Mr M

Ra^jvel

was appointed as a Khalasi in the Integral Conch Fctory,

Madras on 17-2-79, Later he was promoted an Khalasi helper,

fiom 26-1 1T84 till his lemoval on. 1-12-89 for his unauthorised

absence for 112 days between 4-10-87 to 26-5-88.

A Charge

memo was issued and the sum© with acknowledgement was

marked as Ex. M2 (equivalent to I.x. Wl). His explanation

for the Chaige memo was marked as Ex. Ml. On 5-10-8R theie

was an Order to conduct enquiry and that order was marked

as Ex, M4. The covering letter for departmental enquiry und

the 1 etui red cover wcro respectively marked ps Px. M5 and

M6. Another covering letter for Departmental enquiry with

returned cover with A.D. forms were respectively marked as

1-k M7 and M8. Therefore, an expaitc enquiry was made and

the report of which was marked as Ex. \T9 dated 24-7 89.

There was a consequential order oi. teminaiion on 29-11 -84

and the same was marked as Ex. M10 (cquavalent to Ex.

W2),

It was served upon the petitioner through Ex. Ml]

acknowledgement card. The same was affixed on Notice

Board through Ex. M12. The nppi-al pieferred by the peti-

tioner w?v also dismissed on 5-4-90 through Ex. M16 (equi-

valent to Ex. W6).

7. At this stage, it is to be mentioned that according to the

1 epresentation of the petitioner through E^. M15 dated 8-2-90,

he fell i'l at Knnchipuram in his biother's, house and he was

takinff treatment for 'Polyneutitis and F.nterocolitis'

from

27-7-88 to 18-7-89. Altough it was said that Medical certifi-

cates were enclosed nothing was found actually enclosed. Thus

the appeal was dismissed. Subsequent reprscntftlioiv, of peti-

tioners

through

Ex.

W8

to

Chief

Mechanical

Rnpineer and to the Memhpr of Parliament through Ex. M*

went futile

Therefoie industrial dispute was raised through

Ex Wl] anil «i the cniirili;i1ioin foiled, the refcicnfc was

made to the Tiiluinal.

•!l

8. liuc ii .a tlui ihe Domestic enqiiny was lieiJ 'expand.

The mibconduct mitred was the

pcotionu s

unauthorised

absence fur 112 days between 4-10-8/ ai.d zfi-5-Sf, lnc t-xpU-

nutiou or tne petitioner v,as that Be was uUying ucatment at

KiQclTijAHuni IOI JJIS illness Uuung thai pemd, ho lai no

evidence showing his illness was producea. The fact tcmains

tnat twice announcement of Ucpaitnieaul enquuy was s.rii to

the petitumcr which wcie ictunxd

uiidelivued' by postal

authority, One sucii covering letter i>.~ llic m injgoinait win

dated 2-:> n'j through h\. Mi and momer was dated 2lM)-ti*

through Lt. JVI7, iioth were returned by postal amhoniy

'undciiveied'.

ihcrLloie. theie Was evciy jusLhcation

to

proceed wnh the eaquny 'expat te'. it is unpoitaut to mention

that under Ex, Mil Acknouledgcnujit card, lliu petitioner

had received the Older of termination dMe ,19-11-89 maike

as Ex. M10 ("W2). Evt:n flaw the netitionei has not pioucod

any evidence to ihow thtt he vvas ill dm ing the period of

absence.

9. At this juncture, an attt^npt was made un the pa it of the

management, to describe the petitioner as a habitual and

chronic absentee. In this connection, additional

document

through Ex. M22 was marked by consent whic'i would vividly

bhow his leave for 1200 days between 17-2-79 to 1-12-89.

During a decade, he was absent for 4 yt�s intermittently. He

was thus shown an absentee for almost 40 per c-Tit of (he s'lid

working days.

10. The Learned Counsel for the workman contended that

past record of servjeve which w.is not produced during the

domestic enquhy cannot be considered in this tn^;iuiial. Tute

it is that this allegation of chronic air enter was nor mt.de in

the domestic eMiiiry, Had it been mentioned theie, an op-

poitimity would have been given to the petitioner to diftvd

himself which he is now fuck'ng. Wh itevrr it JS as pjo-

vided in 1990 I I.LJ 29S we have to consider the negation

of opportunity for petitionci for defendu¹;' liinr.Mf against

the alleR^tioiii

the allegation of chionic u* cnteKr".

In

similai circumstances, it w,u held in the above cited case as

follows :

"When we view this question fium 'he r^{! P}KT angle,

we cannot take exception to the opinion etpres'cd

by the learned single jndp,.¹ '*iat when (here was an

omission on the part of the management lo put the

employee on notice of the move on the part of the

management to take into

coiT-'dPuitiou the

pa¹1

recoid of service of the emplovee in the mailer of

imposition o^f the punishment, there v as a viokit'on

of the principles of natural justice and the same

en or bad crepcte into the thinking on the part of

tlio Labour Court. The vilavotint factor was U,e

denial of rpportunity to the employee to cxpl.iin

the past record of service at 'he approphnte time.

'Hint has nullified the tcsultant action. Tbcreaftci

the matter has to be viwed unattained b/ the past

record of service."

11. By Kpplvinp the above

Jatio d'ecidendee,

we hold

that the past advf»i'e antecedents may not b" taken in'o con-

sideralion

at ptv<,ent, in the above citcumshnces

12. Now we hive to re-appiaise the e\id.-ncc in domestic

enquiry. Unduly absentee pmplovce¹; will be pciennini head-

ache to the emrl'oyei and

if this mVl ^c'.t is ndontPd by

ofthe; fmrioyi-c QKO, then it will a(T^oct the noinnl production

Of the InteRral Coach Fictnrv. Thpicfiiiv, the lonp nbRcntce

emplovee has to be ro'i-'^rd. nnovid^d 'f th<- procedure was

adopted correctly, nnd proof is uvail'ibli-¹

13. The Leaimd r^unst?I for the W-.^.m-ii now" poirted

out that there wns a rirculnr tti tKe Railway R.iaid thi-ough

Ex, W3 dated 14-12-89 fas coiiertly mcitinm'd in the Tnclc\

to the Typed vt of P^pcr of workman) i\1i~r»bv it was le-

qiiircd that; copv jr lecott of enquir" 'hall b? supnlicd to ibe

delinquent worktn.in before evv, tlv; mmi^avent was im-

posed by tbe "Discipl'nary \\ithoritv nnd ("^rppc'ially when the

enquiry officer is diffeient fiom the d'srirlinarv ;ailhor^;ty.

14. The learned counsel for th^ \\o,knnr. C'V'iL-"d(ⁱd

that

tlie Circular wns dnted lO-lt-R'' so ^ lo civer 1I10 Tmpn"ned

Order of Termimtion dafd 22-11-R^.

A I\II.»^FII1 r^^v.i of

Kx. W3 rircuiai would EO fo show tint <hc d.i*c 10-11-^0

Was-mentioned only in the reference of Rood's

letter and

tint actnallv (h* date of Circuhf issui-d by the Gennai

Manner's Offl^o r,f Ihf u-sponi1""t On tiv- rontnrv, (he

date of issue OF O'e f.In-Til.ir bv Hie n^'tcn! ^' >n "^r¹. O<Tic

of the respondent was foumi only on 1 1-P-81 .•• mcmoiu-d

in the Index to the Typed iet of Papeis of the petitioiiei. This

makti the position cleai that the CircuKu- will not cover the

Order of Terminal,^ as the Cneulai is. later in time than

til. i of the Order ol tcimination.

15. The Learned Counsel for the VVoiknun tignui relied

upon 1994 I LLJ p. lhi and aiyued that the non-supply of

lupy ol biniuny Rcpoic befojc ovei ILe Discipiinary Autho-

rity imposed puiinlimeni will make the pioceduie iiiegulai.

Now VJJ nave to see what aUvuilly was obscivcd in 1994 I

LLJ ibl. H was held as follows :

"lloth admmisliathc reality and public inieicsis do nut,

therefore, require that the cidcis uf punishment

passed prior to tlie decision in Mohd. Ramzan

Khan's case without furnishing the repeoertc of the

liquny tJiucei should be drturlied and the diiCi-

plitiiiiy pioceedings which gave rise lo the said ord-

ers should be leopencd on that uicount.

. . The proposition of law thai flie tvvo richts were

inacpendent of each othtr and in laot belonged to

tv.o dilleient stages in the inquuy came into sharp

fqcus only after the 42 Amendment of the Consti-

tution which abolished the second stage oj

(he

inquiiy, viz., th© inquiry into thu nature of punish-

ment. It was for the flist time Li Mohd, Ramzan

Khan's case that the questiorj sqtiaiely fell for drci-

sion before this- Court, Hen:? till November 20,

1090 i.e. the day on which Mohd. Ram/an khan's

case was decided, the positron of 1 iu un (he subject

was not stitled by this C'Juit. Jt i& for t!tc fiist time

m Mohd. Ramzan Khan's case that this Court Jaid

down the law. That decision made the law laid down

there prospective in operation, I e., applicable to the

ordei/of punishment passed after

November

20,

1s>90. 'I he law laid dowo. was nnt applicable to the

oiders of punishment passed before (hat dote not-

withstanding the fact that the proceedings arising

out of the same were pending in courts a Per that

date. The said pioceedings had to he decided accord-

ina to the law prevalent piioi to the- said date which

did not lequiie the

authority *.> supply a copy of

the Inquiry Officci's report to the cnrploy:c. The

only exception to this wis whete iK- sc-vJcc rules

with repaid to thr disciplinaiv piocepilin^^ them-

selves made it obligatory to 'iipp'y cipy of the leport

ec by management.

N J , ' we h.ivc to si°e wbe'bci other eu-'T*ion clans: is

npplii'iiblc. The only execpfion was whert tli^ hcivicc Rules

themselves ntadc it obliKatqry for supply of copy nf llie

icport to the employee. But in this case, the Circular marked

through Rx. '•Vl was later in time than that of the Oid'r

of termination and s^ was not apphcab't id the abo^irc domc--

(•c proceedings, as it was not also shown u- having retrc

ppctive effect.

Thus there is no .'tcenlion. Thti Order of

Termination w

prior to 20-11-90. Ilv-rrfo'c, the Old Law

nlonc wj?i applicable. The law laid ili.vn n Mohd. Ramzan's

cn^e is no( applicable as per the obseiwtinr made 'n

tbe

above cited case. Thus the rtrocedme is held correct. Thcie is

no ct'th'T irrenulaiitv found in the ori."i*dui» adopted in t'.c

domestic enquiry Thev-foif, the nid>-i- of teiminution is

valid.

If. In suppoit of our above view, ccrt'iin obscivations mode

in the strove ciled ca'c have also to be lr.! rd into ;ind it is

Bs¹ follows :

"Htno to diiect rcinstatemenl of the employee

with

hackwufies in fill CPSCS is lo reduce the rules of

ivtice to a mechanical liti'ai.

The theory of leason-

-ible •opportunjiy and the principle; rt natural |ustice

Inve been evolved lo uphold the ui'e of hw ri'id to

assist the imiividual to vindicMi" his iuht rights They

nrc not incontations to b» invoked not ritfn to be

rcrformed on all and -undiy occ.i ions WheHiei in

fact, prejudice hn< been causi-d to the emnloyn* or

not on account of the dfnia] to him of the report,

has to be considered on the facts and circumstances

of each case, Whfre, therefore, even after the fur-

nishintr the report, no different consequence would

Vive followed, it would be a perversion of justice to

pcimit (be employee to resume duty and to pet all

(tie consequential benefits. It nmnunis to rewarding

the dishi.n, -I and tlv -uilly ami il.iis lo ;tt.Mcli,n- Hie

2.34

THE GAZETTE OF INDJA : JANUARY 20, 2(M>1,PAUSA 30, 1922

[PAW JI—SLC. 3(ii)]

concept of justice to illogical and exasperating limits.

Jt amounts to an 'unnatural expansion of natural

justice' which in itself is antithetical to jusitce ".

17 .Even in that case law, it was obwi ved that it should

also be established as to what was the piejudice caused to the

workman by the f»ihiie to supply the enquiiy lcport. In this

case, is no prejudice was alleged to hti\e been caused to the

woikman.

In fact he remained cxpaitc throuhg the domestic

cnquiiy.

When he want only evaded the service of the

enquiry date, thcie could be no grievance t<o him. It is also

not the case of the workman that ihe domestic cnquiiy was

want only made behind his back. If taut was tiuc he could

have asktJ llor ie-enquuy which' he never u iked for, Th|Ciefore,

viewed in afly angle, chronic absence will be a parenni.il hcad-

ncho to the Welfare of the administration and is liable to be

condemned effectively. Thus the Older of tcrminatioin is justi-

fied.

In the Jesuit, award passtd holding (hat the action of the

management of Integial COLICII Facfoiy, Madras in dismiss-

ing the services of Shri M. Ragavel, an cx-Khalasi wi<4i efFect

from 29-11-89 is justified.

No costs.

Cated at Chcnnai, this 29fh d-iy of November, 2000

S. R. SINGHARAVELU, Industrial Tribunal

T.D. No. 118/97

WITNFSSFS EXAMINED

For Petitions/Woikman : None.

Foi Rcspondent[M.inagcmont ; None.

DOCUMENTS MARKED

For Petitionci|Woikmtm :

Fx, WW1 5-7-88 ' Memorandum sent to the pt'litionci by

respondent.

Ex. W2 29-11-89 :Dismissal order issued to the petition-

er by hanagetnent.

Ex. W3 14-12-89 : Circtilat issued by the management.

Ex. W4

.,

: Mercy petition submitted before the

GM/ICF by the petitions .

Ex. W5 8-2-90 : Representation --cm by the petitionci W

the Chief Woikshop Engineer, l.C.F. Chennai

Ex. W6 5-4-90 : Order passed in the Appeal,

E\. W7 9-7-90 : Representation sent to Chief Woikshop

Engineer, Integral Coach Factory, Chennai.

Ex. W8 30-7-90 : Representation sent to Chief Mechani-

cal Engineer by the petitioner.

Ex. W9 23-10-91 : T etter addressed by Sri Era. Anbaiasu,

M.P. to the G.M. Integral Ci.ach Factory.

Ex. W10 Feb'92 Petitioner's leprcscnlation to Nilmal

Kanle.

Ex. Wll

14-10-92: I.D. laiscd before Ihe Asst, Labour

Commissioner by the petitioner.

Ex. W12 : 18-12-02 : Remarks filed by the respondent.

Fs. W13 31-3-93 ; Minutes of Conciliation proceedings.

Ex. W14 8-11-93 : Petitioner's letter to the Govt. of

India, Ministry of Labour to refer the dispute foi

adjudication.

Ex. W15 27-3.95 : Advocate notice srm to the Sccic-

tary, Ministiy of T abour, Delhi.

Ex. W16 7-7-95 : Advocate notice sent to the Secretary,

Ministiy of Labour. Delhi refiarding tr.Tinsfer of

the case from BmiRaloic to Madias.

Ex. W17 24-6-94 : Advocate notice sent to Central

Govt. Ministry of Labour.

Tt W18 27-8-S7 • Atlvocal? nnlice scnl to the Cc'ulnl

Govt. TndusiriMl Ttibunal, Rann^lorc.

EK. Wl!> 8-9-97 ; Reference tran\fenrig

the

dispute

iiom Bangaioie to Madras lor adjudication.

Documents for Management ;

Ex, Ml . . : Statement of Article^.

Ex. M2 5-7-88 : Charge

cheet

ana

Annexure

with

Acknowledgement,

Ex. |V|3 6-7-88 ; Explanation for Charge-memo.

E\. M t 5-10-89 : Order to conduct enquiry.

Ex. M5 2-5-89 : Coveiing leter for Depaitmental en-

quiry.

E\. M6 ..

: Returned cover.

Ex. M7 20-6-89 : Covering letter for Depaitmental en-

quiry,

T"x. M8 .. : Returned cover wi'h A.D. Foims.

Ex. M9 .. : Enquiry report with Covering letter dated

24-7-89.

Ex, MI0 29-11-H9 : Dismissal order.

Ex. Mil

. . : Acknowledgement card.

E\. M12 29-11-89 ; Order affixed on Notice Boaid.

Ex. M13 ..

: Certificate of Fitness.

Ex. M14 27-7-88 : Medical certificate for leave.

Ex, MI5 8-2-90 : Representation by petitioner.

F.\. M16 5-4-90 : Disposal of Appeal order.

Ex, M17 ..

: Acknowledgement Card.

Ex. M1S ..

: Mercy appeal by petitioner.

Ex, M19 2-7-90 : Disposal of appeal|order.

Ex. M20 27-7-90 : Order of tcmovavl from service with

acknowledgement.

Ex, M2l 30-7 90 : RepresenLntioi-i fiom petitioner.

Ex. 1V122 senes. 21-6-79 : Petitioner of scrvicve upto

27-7-90,

New Delhi, the 3id lanutuy, 2001

IJ.O. 97.—In puisuance of Section 17 of the Industrial

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

hereby

publishes the Award of the Industrial

Tribunal,

Chennm as shown in the Annexiuc in the Industrial Dispute

between the employers in relation to the

management of

Standard¹ Charteied Bank, Chcnnai and their workman, which

was icceived by tho Central Government on 2-1-2001.

[No. L-120ll/l8/99-IR(B-I)]

AJAY KUMAR, Desk Officer

ANNEXURH

BFFOR1"' THE INDUSTRIAL TRIBUNAL, TAMIL NADU,

CHBNNAM04

Monday, the 27th day of November, 2000

PRF.SFNT:

Tliim R. R. Sinvhai.ivclu, I! sk:.B L., fndnstii.il Tnbuniil.

Iniiustri'il Dispute No. 191 of 1999

^

[Iii the nialter o[ the dispute for adjudication under Sec-

tion 10(l)(d) of the InduMnal Disputes Act, 1947 between

the Wuikmen and Ihe Management of Standard ChmU'ed

Bank, Madias,]

B1TWEEN

The woikmen represented bv :

The Gencial Secretary,

AM India Standard Chnrleied Bai'k Fmployees

Federation,

58, Agmenian Street,

Chcnnai-600001.

AND

The Managing Director,

St.ind.ard Chained Bank.

58, Armenian Street,

Cheiuiai-600001

REFERL NCE :

Older

No. L-J20JI /18/99/IR(B-I)

dated

16-8-1999,

Ministry of Labour.

Government of India, New

Delhi.

This dispute coming on this day foi final disposal in the

picsence of Tvl. S. Uamasubramanirm and As^lo.utes, advo-

cates appearing for the Management, upon perusing the re-

ff"ience and oliier connected papers on recoid and the Wotk-

men beinij absent, this Tiibunal passed¹ the following:

AWARD

This Goveinment of TndM has referred the following issue

for adjudication by this Tribunal:

"Whether the action of management of Standard Char-

tered Bank, Chcnnai in retrenching by introducing

early

separation

scheme

(voluntary

retiiemcnt

scheme) is uistificd oi not ?

If. not, justified, to

what rehtf Ihe woikmen suhjecled to VRS is en-

titled.

Whether the employer has contiovened¹ pro-

vision of Section 13 of Industrial Dispute Act, 1947

by accepting the

application for VRS f'Om

the

employee dupng the pendency of proceed'nij bcTore

the Conciliation Officer against the VRS."

No representation for Petitioner. Paper publication check-

ed and effective,

Petitioner called absent.

Industrial dispute

dismissed for default.

Dated a1 Chennai, this 27th day of November, 7000.

S. R. S1NGI-1ARAVELU, Industrial Tribunal

New Delhi, the 4th January, 2001

S.O. 98.—Tn pursuance of Section 17 of the Industrial

Dispute Act, 19 17 114 of 1947), the Central Government

hciebv pub'ishes Ihe Award of the Ceniral Government In-

dustrial Tribunal/Labour Court, Jabalpur as shown in the

Anncxnrc in the Industrial Dispute between the employers

in i elation to the management of State Bank of Indoie and

their woikman, which was received by the Central Govern-

ment on 3-1 20DI.

[No, L-12012/737/B7-D-II-A]

AJAV KUMAR, Desk Officei

ANNbXTJRE

Bl FORE THE CENTRAL GOVFRNMCNT INDUSTRIAL

IRUHINAL-CUM-LABOUR COURT, JABALPUR (MP)

Case No. CGITA C/R/69/SK

Piesiding Officer : Shri k. M. Rai.

Sliri Anil Ku. Jain and

Shii Surendra Sinyh Rathore.

..Applicants.

Veisua

Slate Bank of Indoie,

Ehopal.

. .Non-applicant.

AWARD

Dehvcied on tliis 1st day of December, 2000

1. The Government of Tndia. Ministry of Labour vide

order No. L-I2012/737/87-D.lt(A) dated 13-7-88 has lefer-

red the following dispute for adjudication by this Uibunal—

2. The case foi the woikman Shri A. K. Jain is that he

was appointed in the State Bank of Indore, Ashok Nagai,

District Guna on H-12-82 in icguiar and peimanent vacancy

and was employed after due interview and selection by the

Bank. H'¹ was not permitted to work w.e.i. 20-2-83 without

any reasons and any written ordei,

While terminating th-

services of the workman one Shri Kailash Chandra Jain who

was appointed on or above 16-12-83 was retained in seivice.

Likewise the juniois, weic retained in service and the seniois

ueic teiminafed by the bank. The management has violated

the provisions of Section 25-G ol the I.D. Act, 1947 in

teiminntinp the services of workman.

He was not ^cerved

v ilh r.utici; pnor to terminating his service. He is therefore

entitled to

leinst'itemcni willi all cor sequential

benefits

attached to this post.

3 The case for workman Shii Surendra. Singh Rathore

k tlkit he was employed¹ on 3-4-R4 at JvfOyna branch by the

ban,-: alter a pioper selection in a. regular po't in a regular

m-'nrifr.

I-Tc was not permitted to woik w.e.f. 12-5-84 by

the Bank without givinq him any notice or order in writing

in respect thereof.

His seiv.ccs were terminated in cleaT

defence of the piovisiori" of Section 2S G of the I.D. Act,

19 17.

He iv thtreforc, cntiil^d to the leinstatement with

nlj conscquonti.il benefits attached to this post.

4 The c-iie for the mnnupement r= that both the workmen

Sliri A. K. lain and Shn" S. S. Rathore wcie appointed fis

fmpoi-tiy clerk for a limited penod of tune. Their services

came to an end with the efflux of time. At the very time

of npnointment workmen weie mnde known the terms and

conditions of their temporary appointment.

Their appoint-

ment was not accurdinc to the rules of recruitment pres-

oibed for the

appointment of cleiks in the Bank.

The

apioiiitmcnt of I he tempoiarv employee cannot exceed 75

days and therefore the workmen weic not given further

Epr\ii ltm^n',

Th'v never continuou'iv woiked for 240 days

in a c,il^piKlii' 'v.r ,pj then, fore the rtoviMons of Section

25-H cf I.D. ^ct, 1947 nre not applieublc in this case. For

apyi.ititmeni

in

clerical

caJrf

of

the

H.inK. the

lecruitment nrc made through Banking Seivice Recruitment

:2(>

rJITL GX/J

i r r . OF INDIA : JANUARY JO, ;!001/TAUSA 30, 19.72

[PART II—SEC. 3(ii)]

HIM I'jWRegior'al Reciuitment Bo nils which

ndvcitise the

PUMS in all leading newspapers. The cmdidates are lcquiru]

U> fiicc v.iitien test and intcivl^;:v\. Those candidate¹, who are

dc-lared succes iul on (.lie basis ot their standing in the meiit

ZT\' oll'eied permanent employment in the bank. The woik

mm uevci availed iif tlie oppoiiunity ior appeal m^ in the

tiet etc.

5. ^rlhe Rank tin MILT alleges that the workmen wcic ncvfi

relii'nch'.'it.

1 hen temporary

appointment

automatically

u m t to un end alter the expiry of the period

The vmik

m-n h.t-.e

been kept oiit'u'e the .,copc of benefits of th«

awards in terra> of para \h-Q ot lJesai Award whLh reads

as mid-'I :

1 The State Bank of India has claimed that CEILUF.1 work-

ers and job workers should be excluded 1 om the

operation of this award. I have made no provision

in any pint of this award in connection vith them

and persons who ate casual employees or who aie

employed to do job work are excluded from the

operation of this Award,"

d, Another lelevnnt provision of Desai Award¹ in para

23-19 is ft3 under:

'There is no merit in the demand that wheic daily-

rated and/or temporary hands remain in employ-

ment for aggregate period of 3 months during any

12 consecutive months they should be deemed to

he probationers and should he so covered and ab-

sp-hcil a.vunsl permanent

vacancies.

The said

demand is opposed by the Banks and the same is

iejected. As icgaids the demand that all employes,

working ior 3 months or more should he deemed

a", confnmtd, save as otheiv/i«c piovided in this

aunrd no dnections ate given."

7, In view of the afoicsaid facts, the management!, con-

tend that the workmen are no) entitled to any relief in the

rresent ease as claimed by them.

H. The sole point for rietei initiation in the ca^ee is as to

whether the workmen are entitled to reinstatement with a!l

consequential beneiits,

9. It is admitted fads that the workmen were employed

as temporalv eleik for a period of less than 75 dais. Thero-

ufter they urver appeared in the test for the iccimtmrnt ot

clerks cciiidiK't'd bv the B.ml i'lR Services Recruitment Boj'd.

Thev hc'\e nlso ndm'tted thai thev never cleared any tesi.

r( hev have nt-vci cl \ii-ed1 the tet for recriutmcnt of i-leil.

in ihe Bank.

Without cleaiins Xhh tcsi, PO candidate should

rlairi foi the appointmcit as a cletk in the Bank aa per

j'ecruilment uile-i

Dcs!\i Awaid also debars the absorption

of cnsiul nr k-mpoiniy employres, who have worked foi 3

months in the hunl: as a regular employee of the Bank, 'the

woikman cannot be uiven pr'rmncnt employment through

bad- dour cniry as claimed by them. They mirt clear the,

rcqi'iieO lest conducted bv the Hanking Recmitment Boird

for [fie clerk in the bank

WifhoiN comnlying wi'h <hi-7

niovisinn, the workmen cannot claim the tegular employment

in Itie H:nk.

Id Tn view n[ tti"¹ forepo'nr; rensons ibe workmen have

no richt to CITM-I reqular emjilovmcnt with back waffs anrf

' *hev cons'ioufntial Iv-n-fits attached to the post as claimed

bv tlvm in the present eise hence the reference is answeied

nc ilrrt the voikmcn and in favour of the management.

11. Copy of award br .sent to the MinHry of I.pbour,

G(-nt^irnmcnt of Tndi'i ns per niles.

K. \f. RAI, HiCi'dfnp Officer

New Delhi, the 4th January, 2001

S.O. 99.^ln pursuance

of Section 17 of the

Industiia!

JJispute Act, 1947 U4 of J^lJ47), thto Centrnl Government

hereby publishes the award of the Central G6vernmeni

Industrial Tribunal/Labour Court, Jabalpur as shown in ths

Atinexure in the Industrial Dispute between the employer;

in relation to the management of Central Railway,

Ajni.

Nagpur and their workman, which was received by the

Ccntial Goveinment on 3-1-2001.

[No. L-41O12/43/92-lRDU(B-l)]

AJAY KUMAR, Desk Office)

ANNEXURE

BIPORI. THK CENTRAL GOVERNMENT INDlrSTRIAL

TRIBUNAL-CLIM-LABOUR COURT, IABALPUR

Case No. CGIT/LC/R/150/93

{•residing Officer : Shri K. M. Rai

Shri D. V. Mcihram,

R/o Railway quarter,

Near Railway water tank,

Chandur railway,

Distt. Amrawati.

,

Applicant

Versus

The Chief Foreman,

Central Railway,

Ajni,

Nagpur.

,,

Non-applicant

AWARD

Delivered on this 15th day of December, 2000

1. The Government of India. Ministry of Labour vide

cider No. L-41012/43/92-1RDU has referred th- following

di pule for adjudication by this tribunal—

"Whtther the action of the management of Central

Railway, Ajni, Nagpur in terminating the services

of Shri D. V. Meshram Casual labour is legal and

justified ? If not, what relief be is entitled for ?"

2. The case for the workman is that he w^is appointed at

casual labour on 3-5-73 by the management and continued

till 25-9-85. Duting the course of employment, tie remained

«n m-dical leave w.e f. 26-9-85 to 19-11-85 on account of.

b'me injured on duty. Thereafter he was taken back in

'•ivice by the management. The Assistant F.neinee¹; (TT)

Lential Railway Jhnnsi informed the applicant vide, letter

dated :'0-3-89 that thrr.c casual workers, who weie appointed

.iftcr IK-12-80 shall he issued service card wltn the consent

of (he Geneial Manaper and accordingly the applicant was

directed to present himself at Jhansi within 10 days of the

leceipt of the laid letter with the following information : —

(i) Passport size photo

(li) Service recoid, if any

(iii) Proof of date of birth

(iv) Educalioml qualifications

1. The rrfi.resaid letter was received by t'ic- applictint on

2S-1-H9. This letter was not applicable to him because he

W.T, employed in the year 1973, Thereafter a letter was

st-nt by the chief foieman track machine. Central Railway,

Api, Na«r»ir on 27-1-90 to the applicant that basically he

v. >••, iifinointec) on dailv wac;es and he will be considered for

rt-rni¹ ir apnointmert when HHV vacancy would nn--e in fuluie.

Bv this Inter, he was asked to submit his willingness within

30 dnys if he wanted thf employment.

37

4. The applicant further alleges that he sent his willingness

on 31-1-90 which was acknowledged by the management on

8-2-90. Inspite of several reminders he was not considered

f"r employment by the management.

Shii Bhagirath, Shri

Rahul, Shri Naiesh, Shri Gangadhar, Shri Gvncjhwar Shii

Madhav Natlm and Shri Harprasad, who wi:rc inniois to

applicant, weic given regular employment bv the manaee-

mcut

and

the

applicant

was

never

considered

lor

the same. He had continuously woiked for moie than 240

days. Without giving any prior notice he was retrenched

by the management in violation of Section 25-F of the

l.D. Act. 1947. Hence he is entitled to reinstatement with

all consequential benefits.

5. The case for the management is that the applicant

was appointed as casual labour on daily wages on 19-3-85

and worked¹ upto 25-9-85.

Thereafter he left the services

at his own sweet will. The applicant w;i- again re-employed

on 20-11-85 and worked upto 5-11-86. Thereafter again he

left his services on his own will. Initially the workman was

employed

as

casual

labour

on

1-5-73

under P\V'I(M)

Dhanungaon and worked in broken period upto

18-12-77

and he was never in seivice w.e.f. 18-12-77 to 2-12-84. The

applicant left (he service on his own will is he was not

regularly engaged in the employment of the Railway. He has

not continuously worked for more than 240 days, He is

therefore, nol entitled to any claim as alleged in the statement

of claim.

6. The following points are arising for determination hi

the present dispute—

1.

Whether the workman is entitled to reinstatement

with all consequential monetary benefits'?

2.

Relief and costs 7

7. Point No. 1 : The workman has contend'd that his

services were terminated by the Central Railway wilhout

complying with the provisions of Section 25-F cf (he Indusrtinl

Dispute Act 1947. According to him he had continuously

woiked for more than 240 days in the preceding year prior

lo termination of his services by the Railway. He has filed

the reco.d of his service Exhibit Wl in suoport of his

contention. This record shows that he was employed as casual

labour by the Central Railway on 3-5-73. He worked in this

capacity till 18-12-77. Thereafter he left this lob on his own

will. Again after the lapse of about 7 years, he was employed

as casual labour on 3-11-84 and worked till 26-9-85. Again

ho left the iob on his own sweet will. Thereartcr again he

woiked as casual labour w.e.f. 20-11-85 to 6-2-86,

This

service card clearly shows that the workman never continued

tci woik w.e.f. 7-2-86 According to tvm no orclc o^f termi-

nation from service was issued to him by the Central Railway

In the abijnrc of termination order it is Tiot possible to hold

that the mnnnucnr'nt had terminated the services of the

woikmnn w r.f. 7-2-86. On the contrary the service record

Ex. W-T indicates that the workman had himself left fhe

job on his own sweet will. In view of this fact the contention

of (he workman that the management had terminated his

seivVcs does not pet any snnnort from i^r rrol o>- do^'iTien-

t.iry evidence adduced bv him. He himself hfiil voluntarily

left the iob accordinR to his own convenience. If ths manaec-

nvnt hud not terminated the services of the wo^mnn then

the ai'c.t;on of complying with the provisions of Section 25-F

of the ID. Act does not arise at Ml.

8. The workman has filed the letfer dated 11-1-90 Fnhilit

W-4 issur-d bv the irMViacement. By this letter the workman

W.JS dircctfd lo "iibmit his willingness for gettine employment

as n caMinl labour within 30 davs from the date of the receipt

of t'ie lettT Tn this very letter it has been sfatpd fW the

workman hpd voluntarily left his nrevious iob The workman

hud nfvrr denied th» ".aid statement contained in Exhibit

W-4 dnied 11-1-90 This f.irt also eoe<; to r\ro\ii tbit Ibr

woiVnian hime'f bnd left the ]nh on his own uncord. His

mmf VM' T-pi'iii-^rlv maintained RS casual labour bv the Central

Fni1w>v -<rrl thnvefnrc he w;^ offi"-"(] thj> inh in future in

the cvr.-if of filiinc anv vneanev The workman never sent

his wi|liiirfnnSi; within r> neriod of 30 dnvs from the dnte of

ivc-int or thf "aid letter (FT W-4) All the's ciTpnitsunce¹;

Infill tn r-onelnrlf thfit t'T¹ wmkmnn had no Tntention to pet

emnini'incnt in the "R;ii]wnv OTI thp'e*"rp hr 1-nri i»ft the

icih w'^l1"T't nnv reason pnd subsenurntiv also hp never senl

hi. wiliini»r"»<is iv'ttiin

tipn'¹ to the

Railway for

petting

emn1ovm^cnt in fi'liire whenever the vacancy arises.

9. In view of the foregoing discussions it becomes absolutely

clear that the workman was never terminated by the Railway.

On the contrary, it is proved beyond doubt that the workman

had himself left the job on his own .sweet will. He

;s

llit'icf'Mc,

not entitled to leinsuitement

with

an monetary

bwiehts, Point No. 1 is answered accordingly.

10. Point No. 2 : In view of my finding Riven on point

No 1 the workman is not entitled to any relief as claimed

by him.

11. On the reasons stated above, the applicant is not

entitled to reinstatement with monetary benefits. The reference

is accordingly answered in favour of the management a?id

against the workman.

12. Copy of award be sent to the Government of India,

Ministry of Labour as per rules.

K. M. RAI, Presiding Officer

New Delhi, the 3rd January, 2001

SO. 100.—In pursuance of Section 17 of the Industrial

Dispute Act, 1947 fl4 of 1947), the Central Government

hereby publishes the award of the Central Government

Industrial Tribunal /Labour Court, New Delhi, as shown in

the /uinexuie in the Industrial Depute between the em-

ployns in relation to the management of CPWD and their

workman, which was received by the Central Government

CM 2-1-2001.

[No. L-42012/92/97-IRfDU)]

N. P. KESAVAN, Desk Officer

50 Gl/i001--7