This Gazette may contains Multiple Subjects

REGISTERED NO. D. L—33001/ 2000

The Gazette of India

PUBLISHED BY AUTHORITY

No. 4] NEW DELHI, SATURDAY, JANUARY 27, 2001/MAGHA 7, 1922

Separate Paging is given to this Part in order that it may be filed as a

separate compilation

PART II—Section 3—Sub-Section (ii)

Statutory Orders and Notifications Issued by the Ministries of the Government of India

(other than the Ministry of Defence)

MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSION

(Department of Personnel & Training)

New Delhi, the 16th January, 2001

S.O. 113.—In exercise of the powers conferred by sub-section (8) of section 24 of the Code of Criminal Procedure, 1973 (Act No 2 of 1974)- the Central Government hereby appoints Sh, Y. K. Saksena, Advocate and Addl. Legal Advisor (Retired) CBL Delhi as Special Public Prosecutor for con- ducting the trial of the case in the court of the Addl. District & Sessions Judge Delhi in cose RC-l(S)|82-STU.IT|SlC.IlNew Delhi (O. P. Saklecha—DDA Land Allotment Fraud Case and any other matter connected therewith and incidental thereto.

[No. 225|29|2000-AVD.II(i)]

HART SINGH. Under Secy.

137 GI/2001

(261)

re: THE C A Z n r rr OF INDIA : JAMTTARY ?7, 2001/MAGHA 7, 1922 [PART II—SEC. 3fi01 New Delhi- fhc 16th January, 2001 S.O. 114.—In exercise of the powers conferred by the proviso to Sub-Section (T) of Section-13 of the Terrorist and Disruptive Activities (Prevention) Act 1^37 {Act No. 28 of 1987), the Central Government hereby appoints Sh. Y. K. Sakscna, Advocate and Addl. Legal Advisor (Retired) C'BJ- Delhi as Special Public Prosecutor for conducfirr; prosecution of Regular C'ise No. S(S)|96- SIU.I'SIC.TINew Delhi (Dr. Mcgh Raj Croel Murder Case) in the court of Addl. District & Sessions Jud

[No. 225/29/2000-AVD-H(ii)l HART STNGH, U;>Jor Secy.

M:w D'^lhi, the 160i January, 2001 SO. !.'ci.--Jti exercise of the powers conferred by sub-section (8) of section 24 of the Code of Cri- minal Procedure, 1973 (Act No. 2 of 1974), the Cen- tral Government hereby appoints Shri Y. K, Sakscna, Advocate and Additional Legal Advisor (Retired) CBI, Delhi as Special Public Prosecutor for conduct- ing the trial of the ca^e in the court cf the Chief Metro- politan Magistrate, Delhi in case RC-4(S)/S7-STU. I/SIC. I/New Delhi (K. K. JAJODIA CASE) and any oi'her matter connected thtrewitli and incidental therein.

[No. 2?5|29|2000-AVD-lI(iii)l

HART SINGTT. Under Secy.

New Delhi, the 16th .Kiriuary, 2001 S.O. IK'.— In exercise of the powers conferred by sub-section (8) of section 24 of the Code of Crimi- nal Procedure, 1973 (Act No. 2 of 1974), the Centnl Government hereby appoints Sh. S. K. Saxena, Advo- cate and Addl. Legal Advisor (Retired) CBT, Delhi as Spechil Pi'blic Prosecutor tor conducting the trial of the case in the Punjab & H^ryana High Court, Chandi- garh & Spl. Magistrate/SpJ. Judge for CBI cases, Patiala in case RC-5(S)/200O-SIU. T/SIC. I/New Delhi (TJlegnl Confinement and Murder of M/s. Har- prcet Kaur d /o Bibi Jagir Kaur, former SGPC Presi- dent) and any ofher mattier connected therewith and incidental thereto.

[No. 225|52|2000-AVD-I1]

HART SINGH, Under Secy.

?f>*

MINISTRY OF FINANCE

(Dcpannicnt of Revenue)

ORDER New Delhi- the 4th January, 2001

STAMPS

New Delhi, the 17th January, 2001

S.O. US.—In exercise ot the powers conferred by clause (a) of ^ub-seclion ( I) of Section 9 of the Indian Stamp Act, 1899 (2 of 1899), the Central Government here- by remits the duty with which the bonds in Ihe nature of promissory notes described at> :—

S.O. 117.--In c.'Crciise of the poweis conferred -by sub-section (8) of section 24 of Che Code of Crimi- nal Procedure, 1973 (yfct No. 2 of 1974), the Cen- tral Government hereby appoints Sli. Y. K. Saksena, Advocate and Addl. Legal Advisor (Retired) CBI, Delhi as Special Public Prosecutor for conducting the trial of the case in the court of the Chief Metropoli- tan Magistrate, Delhi in case RC-9(S)/88-SIU. 1/ SIC. I/New Delhi (Brig. R. S. Deol Case) a:id any other matter connected therewith and incidental there- to.

(a) 12.25^ PSIDC BONDS—2001 (1999—IVth Series) bearing dis- tinctive numbers from 1 to 5000 of rupees one lakh eacn a^ic^at- ing to rupees fiftv crore only allotted on 3 1 03-2000; and LNo. 225|29|2(K)0-AVD-il

HARI SINGH, Under Secy,

(b) 12.15% PS IDC BONDS—2002 (7,000—1st Series) bearing distinc- tive numbers from 1 to 1361 of rupees one Ir*1th each aggregating to rupees thirteen crore sixty ovn lakh only allotted on 31-05-2000.

by the Punjab State Industrial Development Corporation Limited, Chandigarh, are chargeable under th: sriid Act.

[No. 1 200I-STAMPSIF. No. 33|58l2OOO-STl ABFIAY TRIPATHI- Director (Sales Tax) 264 THE GAZETTE OF INDIA . JANUARY 27, 2001/MAGHA 7, 1922 LI-ART I/—SEC. 3(ii)J

ORDER

New Delhi, the 4th January, 2001

STAMPS

S.O. 119.—In exercise of the powers conferred by clause (b) of sub-section (1) of Section 9 of the Indian Stamp Act, 1899 (2 of 1899), the Central Government hereby permits M/s. IFC1 Limited, New Delhi to pay consolidated stamp duty of rupees forty three lakh thirty seven thousand only char^- able on account of the stamp duty on Bonds in the nature of promissory notes described as 1FC1 PP Bonds (XXXVIII Series) bear- ing distinctive numbers from 3800001 to 3804337 aggregating to rupees forty three crorc thirty seven lakh only allotted on 20-11-2000, by the said Corporation.

[No. 212001-STAMPS|F. No. 33j78|2000-ST| R. G. CHHABRA, Under Secy.

ORDER

New Delhi, the 9th January, 2001

STAMPS

S.O. 120.—In exercise of the powers conferred by clause (b) of sub-section (1) of section 9 of the Indian Stamp Act, 1899 C of 1899), the Central Government hereby permits M/s. ICICI T imitcd* Mumbai to pay consonaateu stamp duty of rupees two crore two lakh ninety seven thousand eight hundred thirteen only chargeable on account of the stamp duty on 541275 ICICI Unsecu- red Redeemable Bonds (November. 2000 Issue) in the nature of Debentures aggregat- ing to rupees two hundred seventy crore sixty three JaJkh seventy live thousand only, to be issued by the said company.

[No. 4|2001-STAMPS|F. No. 33| 1J2000-ST] R. G. CHHABRA, Under Secy.

(Central Board of Direct Taxes) New Delhi, the 18th January, 2001 (INCOME TAX)

S.O. 121.—In exercise of the powers con- ferred by sub-section (6) of section 120 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct taxes hereby empow- ers the Chief Commissioners of Income Tax to have jurisdiction over all the non-residents who have any source of income in their regions provided thai such non rc.idatts: -265 (i) are not hitherto assessed to tax in the jurisdiction of any other Chief Commissioner of Income Tax; and

(ii) are not covered by the Jurisdiction Order issued vide notification of the Government of India- S,O. 768 (F. No. 187|29j84-ITA-f) dated the 29th October, 1985.

[Notification No. 1912001 jF. No. 1861101 2000-TTA-H SAM Ml BHADRA, Under Secy.

(Department of Economic Affairs) (Banking Division)

New Delhi, the 15i1i January, 2001

S,O. 12?.—In exercise of the powers confeued by cl"iuse (c) of rub-becli< n (3) oi section 9 of the Banking Companies (Acquisition and Transfei of Undertakings) Act, 1970, read with sub-clause (I) of clause 3 of the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970, the Central Go\ernment, hcrby nominates Shri Anand Sinha, Re- gional Director, Reserve Bank of India, Bhubanesh- war as a Director of Dena Bank with immediate effect and until further orders, tiWWIW"T?, R. Gopala- siuidararn.

[F. No. 9/18/2000-B.O.I]

RAMESH CHAND, Under Secy.

(Department of Revenue)

Office of the- Commissioner of Central Excise)

Chandigarh, the 24th October, 2000

No. 2/2000-NT(Cus)

(Department of Expenditure) S.O. 122.—In exercise —of the powcii conferred by Notification No, 33/9™Cus(NT) dated 1-7-94 of the Government of India, Ministry of Finance, De- partment of Revenue, New Delhi, Village Jamalpur, Tehsil-Phagwara, District Kapurihala, in the State of Punjab is hereby declared to be a warehousing station under Section 9 of the Customs Act, 1962 (No. 52 of 1962) for purpose of setting up of Hundred per cent Export oriented undertaking (100% EOLD.

New Delhi, the 15lh January, 2001 [C. No. VII1 (HQ) 40 |1|CUS| 200015486-97]

. H. L. VERMA Commissioner

SO. 124.—In exercise of the powers conferred by sub-section (3) of section 8 of the Provident Funds Act, 1925 (19 of 1925), the Central Government hereby adds to tfie Schedule to the said Act the name of the following public institution, namely:—-

"National Council for Teacher Education".

fN'.i. 4 M ) - r V / > ) 5 ( [ )]

MOJJLNDER SINGH, Director 266 THE GAZETTE OF INDIA : JANUARY 27, 2001/MAGHA 7, 1922 [PART I I- S E C. 3(ii>]

1. Research Extension Centre, Sub-unit, Cen- tral Silk Board, Kashipnr-723 132, Purulia, West Bengal.

2. Research Extension Centre, Central Silk Roj;d Mnlhnfvdi-732 207, Malda, West Bengal.

3. National Institute of Fashion Technology, NTFT Complex, Haus Khas, New DdM- 110016.

[No. E-11016/1/99-Bindi]

CHANDER BHAN, Dy. Secy.

New Delhi, the 15tih January, 2001

S.O. J25.—-Tri exercise of the powers conferred by sub-section (2) of section 8 of tlhc Provident Funds Act, 1925 (19 of 1925), the Central Government hereby directs that the provisions of the said Aa¹ (ex- cept section (6A) shall appl/ to the Provident FunJ established for the benefit of the employees of the National Council for Teacher Education specified in the Schedule to the said Act.

.. [No 4(l)-EV/95(II)l ^ ^ W ^ W O H I N D ER SINGH, Director

(Department of Posts)

Kochi, the 16tto( January, 2001

S,O. 127.—Wh.reai, the Central Government is of the opinion that for the purpose of the Departmen- tal! Inquiry relating to Sri P. K. Madhavan, EDDA, Pullur, Irinjalkauda Division, Trichur District, it is necessary to summon as witnesses/call for any docu- ment from the witnesses;

MINISTRY OF TEXTILES

New Delhi, Uhe 5th January, 2001

Now, therefore, in exercise of the powers confer- red by Sub-Section (i) of Section 4 of the Depart- mental Inquiries (Enforcement of Attendance of wit- nesses and Production of Documents) Act, 1972 (18 of 1972), the Central Governmeift hereby authorise Sri T. K. Jacob, Sub-Divisional Inspector, Chalakudy Sub-Division, Chalakudy as the Inquiring Authority to exercise the power specified in Section 5 of the said Act in relation to the Rule-8 Inquiry against Sri P. K. Madhavan, FDDA Pullur.

[No. VIG/4-4/12/99]267 '^ TlfE GAZETTF OF INDIA : JANUARY 27, 2001/MAGHA 7, 1922 [PART I I ^ S E C. 3(ii)]

MlNISTKY 01 POWER

New Delhi, the 16th November, 2000

S.O. PR.—Tn exercise of the power⁰ conferred hv Section 3 of the Public Pfe.

m^e. T.vktion of Unauthorised Occupants) Ait, i^/l (40 of 1071V the Central Government hereby appoints tin* Ollici rs niLntiom-d in column (I) of Hie Table below being Ollicors of the National Thermal Power Corporation Limited, and equivalent to the rank of Gazetted Officer of the Government of India, to be !.stale Officers for the purposes of the said Act, who shall exercise the powers conferred and perform the duties imposed on the Estate Officers by or under the said Act, within the local limits of their respective jurisdiction in respect of the categories of Public Premises specified in the corresponding entry in Column (2) of the said Table.

Table

Categories of Public pn-niNes and local limits of jurisdiction S.No. Nnine and designation ullkei

Shri R. Jayarajan, Si". Law Officer, AU land, quarters, estates properties and other accommodation J.

Kayankuian Combined Cycle Power owned/ leased and rented by Kayankutum Combined Cycle Project

Power Project of National Thermal Power Corporation

Ltd. located at post Office CliooJathenivu-690 506, Alap-

pu7ha distt. Kerla.

All lands, quarters, estates properties and other accom- Shri Sharadindu Kumar

modation owned/leased and rented by Rihand Super Tnpathi Manager, Personnel &

Thermal Power Project of National Thermal Power Administration Rihand Super Thermal

Corporation L1d. at P.O. Rihand Nagar, Distt, Sone- Power Project

bhadra (U.P.)

3. Shri K.Lmgaiah, Manager,

All [iremiscs belong to, or taken on lease by National

Thermal Power Corporation Ltd. and under the ad- Personnel

ministrative control of it,s R.-nn.igunddin Super Thermal Kamjgund.im Super Ihernial Power

Power Project at Jyoti Nagar, District Karim Nagar, station

Andhra Pradesh.

All premise owned/belonging to or taken on lease by Shri S. Manu.

National Thermal Power Corporation Ltd. and Under Senior Per-.. Officer, Admn Talcher

the administrative control of its Talcher Thermal Power Thermal Power Station

Station.

Shri Ashok Khaiv Sr. Mgr.

All land', quarters, estate, properties and other accom- (Training) Badi'rpurThvrmal Power

modations owned/leased or rented by the Badarpur Station

Thermal Power Station and Badarpur Thermal Power

Project, New Delhi and their Staff Colonies and

Shoping Centres Bhanit Industrial Works Colony and

Molar band Labour Colony,

[F. No. 3/6/92- Th. JJ

DR. K.V. JACOB Dy. Secy.

269

i 'MXteoorS.

27(1 THE GAZETTE OF INDIA JANUARY 27.2001/MAGHA 7, 1922

|PARI II—Sir 3(ii)l MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

Nev\ Dellu, the 8th January, 2001

S. O. IV).—Whereas the Central Government, after considering tlic report submitted to it by the prescribed authority, Ih,il ihe Model described in the said report (see the figure giv en below) is in conformity w ith tile prov isions of the Standards of Weights and Measures Act. 1V7<> (60 of 1476) and the Standards of Weights and Measures (Approval of Models) Rules 19S7 mid llic

Now Ihcrelorc m exercise of the powers conferred by sub-section (7) of Section T6 of the said Act. the Central C,o\ ci nnieiil hercb\ publishes the certificate of npprcn al of the Model in respect of Automatic w eighing machine (form fill seal machine) ol PEW-FFS ' series (herein referred lo as model) manufactured by M/s. Poojn Engineering Woiks. Uni\ crsal Foundries Coiupoiind Ci;ila No "•> Mogin-Village Road. Andlicri (E), Bombay-400069 and which is assigned the approval ol Model mark IND/Ol)/2000/M(i

Ihe model is a Automatic weighing machine comprising of mnges from 2 g lo 5000 e with a maximum oulput rale ol ii() pijuclics pei miimlc depending upon the bulk densits and How ehuiacleristies may be approved On the basic machine, ,mi;ei'filler tup filler and weigh Tiller can be fixed ll has also Ihe pro\ ision to change Ihe widtli orpack length ol ihe pouch.

|F No WM-2l(^)/2(H)0|

P A KRISHNAMOORTHY. Director. Legal Metrology 27] 272 THE GAZETTE OF INDIA JANUARY 27 2001/MAGHA7 1922

|PARTII—SFC 3(ii)J

New Dellu the Kill Januan 2001 S. O. 13(1.—Whereas the Central Go\ eminent after considering the report submitted to it b\ the prescribed iiuthoritv. thai the model described in the said report (see tlie figure gi\ en below). it in conformiu w ltli ihe pro\ lsions of the Standards of Weights and Measures Act. 1976 (60 of 1976) and the Standards of Weights and Measures (Approv al of Models) Rules 1987 and ihc said Model is likeh to maintain its accuracy o-\ er periods of sustained use and to render accurate sen ice under ^ aned conditions

Now. therefore, in exercise of the powers conferred b> sub-section (7) of Section 16 of the said Act, tlie Central Go\ eminent hcrcb\ publishes the certificate of approval of the Model in respect of Automatic weighing machine (Cup filler) of PEW-CP" scries (herein referred to as model) manufactured b\ M/s Pooia Engineering Works, Universal Foundries Compound. Gala No ?. Mogra-Villagc Road, Andheri (E). Bomba\-400069 and which is assigned the approval of Model mark 1ND/09/20O0/151

The model is a Automatic weighing machine (Cup filler) comprising of ranges from 2 g to5000g witha maximum output rate of 60 pouches per minute depending upon the bulk density and flow characteristics may be approved It is used for filling Free flow ing products such as tea, spices, sugar, ncc, s;*lt, granules, detergents, chemical andpharmaceuticals powder etc

[FNo WM-21(35)/20O01

P A KRISHNAMOORTHY, Director. Legal Metrology271 274 THE GAZETTE OF INDIA: JANUARY 27,2001/MAGHA 7,1922

[PARTII—SEC 3(ii)]

New Delhi, the 8th January, 2001 S. 0.131.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the model described in the said report (see the figure given below), is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Wei gilts and Measures (Approval of Models) Rules, 1987 and (he said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model in respect of automatic weighing machine (Auger filler) of "PEW-AG" series (herein referred to as model) manufactured by M/s-Pooja Engineering Works, Universal Foundries Compound, Gala No, 3, Mogra-Village Road, Andheri (E), Bombay-400069 and which is assigned the approval of Model mark IND/()9/2(X)O/152;

The inoacl is a Aulomalic weighing machine (Auger filler lypc) comprising or ranges from 5 g lo 10(10 g. willi a maximum oulpiil r.nc ol'dO pouches per minute depending upon the bulk density and (low characteristics nun be approved ll is used for lilling milk powder, coffee powder, ground spices,, tooth powder, lloorctc

|F No WM-2l(1S)/200()|

P A K.RISHNAMOORTHY. Direclor, Legal Mclrology275 276 THE GAZETTE OFINDIA JANUARY 27 2001/MAGHA 7 1922

[PART 11—Sir l(u)l

New Delhi the 8th January 2001

S. O. 132.—Whereas the Central Government after considering the report submitted to itb\ the prescribed authonh thai the model described m the said report (see the figure given below) is in conformity w uh the provisions of the Standards of Weights and Meosurcs Act 1976 (60 of 1976) and the St

Now therefore in exercise of the pow ers conferred b\ sub-section (7) ol section M> of the said Act the Central Go\ emmem hereto publishes the certificate of approval of the model in respect of Automatic weighing machine PEW-CP" sencs (herein referred to as model) manufactured bv M/s Poo|a Enguiccnng Works Uiuvers.il Foundries Compound Gala No "* Mogra-Village Road Andhen (E) Bombay-U)0069 and which is assigned the approval oi Model mark ITMD/()9/2(K)()/ in 1 lie model is a automatic w ciglung machine comprising ol ranges Iroin ^ g lo iOO() g with a ina\imum output rate ol 60 pouches per mmulc depending upon the bulk densit\ and How JwiaclenstiLS ma\ be appro\ ed It is used lor lillmu pulses potato chips conlcclioncrv clc

|h No WM 2I(^)/2(K)()|

P A KR1SHNAMOORTHY Dircctoi Legal Meliologv277 *i* '•!•.!

S>. '>£r?'ll-J5"!; f^^iip)

\3TA^/ioo|.5 27S THE GAZETTE OF INDIA : JANUARY 27.2(H)I/MAGHA 7,1922

|PAKI 11—Sir. 3(ii)|

New Delhi, the 15lh January, 2001

S. O. 133.—Whereas the Central Government, after considering the report submiitcd to it by the prescribed authority, is satisfied thai the model described in the said repon (see the figure given below) is in confonnii_\ with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and Hie Siandards of Weights, and Measures (Approval of Models) Rules. 19X7 and the said model is likely to maintain accuracy o\ er periods of sustained use and to render accurate ser\ ice under varied condilions;

Now. (hetcforc, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act. the Central Go\ eminent hereby publishes the certificate of approval of the Model oflhe sclf-indicaling. non-automatic, (table lop type) weighing instrument with digital indication of."HMM-l()0 TT'" scries of medium accuracy (Accuracy class 111) and with brand name HMM-UYTECH" (hereinafter referred to as the model) manufactured by M/s. Hytcch Micro Measurements (Private) Limited. 14-C. Lawrence Road Industrial Area New Delhi-110015 and which is assigned the approval mark IND/ 09/2000/15.

The-said model (sec figure) is a medium accuracy (accuracy class III) weighing instrument with a maximum capacity of 25kg and minimum capacity of l()()g. The verification scaleintcrval (c) is 5g. It has a (arcde\ ice with a 100 percent subtractive retained tare effect. The load receptor is of rect;uigular section side 295 -260 millimetre. The Liquid crystal display indicates the weighing result. The instrument operates on 230 volts and 50-Hertz alternate current power supph:

. And further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act. the Central Go\ eminent herein declares that this certificate of appro^ al of Ihe Model shall also co\ cr the w cighing instrument of sainc series with maximum capacity up to 50 kg with number of \ crfication scale internal (n) less than or equal to 10.000 (n<_ 10.0OO) and with "c'\aluc I- 10*. 2 ' It)¹-; 5 * 10\ k being the positive or negaln c whole number or equal to zero, manufactured by the same manufacturer with the same principle, design and with the same materials with which. Ihe approved model ha\c been manufactured

[F No. \VM.-21(25)/97|

P A. KR1SHNAMOORTHY. Director. Legal Mctralog}279 280 THEGAZETTEOFINDIA:JANUARY27,200l/MAGHA7,1922

(PART Q—SEC. 3(li)]

New Delhi, the 15th January, 2001

S. O. 134.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described hi the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules. 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of the self-indicating, non-automatic, (table top type) weighing instrument with digital indication of'' ASTT'' series of medium accuracy (Accuracy class III) and with brand name "Asmara" (herein after referred to as the model) manufactured by M/s. Pentaweigh Technologies Private Limited, 1st Floor Mamta Building, Opp: Tulasi Theatre, Marathalli, Bangalore-560 037 and which is assigned the approval mark IND/09/2000/173;

The said model (figure given) is a weighing instrument with a maximum capacity of 30kg and manimum capacity of lOOg, The verification scale interval (e) is 5g. IthasataredevicewilhalOOpercent subtractive retained tare effect The load receptor is of square section of side 320X320 millimetre. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and 50-Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government herebv declares that this certificate of approval of the Model shall also cover the weighing instrument similar accuracy and performance of same scries with maximum capacity up to 50 kg with number of verfication scale internal (n) less than or equal to 10000 (n^_ 10.000) and with "e'value I* 10", 2 * l()k. 5^ 1O\ k being the positive or negative whole number or equal to /era. manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which ihc approved model have been manufactured.

[F. No. WM.-21(112)/2000]

P A KRISHNAMOORTHY, Director, Legal Metrology281 2 82

• T HE G A Z E T TE O F I N D I A. J A N U A R Y 2 7 , 2 0 0 1 / M A G HA 7. I y 22

[ P A R T I I — S EC . 1 ( i i )|

New Delhi, the 15th January, 2001

S. O. 135.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report ( the figure given below) is in conformity with the pro\ isions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules. 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now. therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act. the Central Government hereby publishes the certificate of approval of the Model of the self-indicating, non-automatic, (Platform) weighing instrument (dual range) with digital indication of " ASPPT'' scries of Medium accuracy (Accuracy class III) and with brand name "Aslhra" (hereinafter referred to as the model) manufactured by M/s. Pentaweigh Technologies (Private) Limited. 1st Floor. Mamta Building, Opp Tulasi Theatre, Marathalli, Bangalore-560 037 and which is assigned the approval mark IND/09/2000/174, The said model (figure given) is a weighing instrument (dual range) with a maximum capacity is corresponding to capacities 60kg/120kg and minimum capacity of 400g The verification scale interval (c) is 10g/2()g. It has a tare device with a 100 per cent sublractive retained tare effect. The load receptor is of rectangular section side 500*620 millimetre. The Light Emitting Diode display indicates the weighing result The instrument operates on 230 volts and 30-Hertz alternate current power supply:

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval ofthe Model shall also cover the weighing instrument of similar make accuracy and performance of same scries with maximum capacity up to 5 tonne with number of verification scale internal (n) less than or equal lo 10.000 ( n^ m.000) and with V value I* 10\ 2 ^ l()\ 5 ^ 10", k being the positive or negative whole number or equal lo zero, manufactured by the same manufacturer in accordnce with the same principal, design and with the same materials with which, the approved model have been manufactured.

[F. No. W.M.-21(112)/2OOO]

P. A. KR1SHNAMOORTHY. Director. Legal Metrology283 2X4 THE GAZETTE OFINPIA; JANUARY 27,2001/MAGHA7,1922

[PARTII^-SEC.3(H)]

New Delhi, the 16th January, 2001

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

Now, therefore, in exercise of the powers conferred by sub-section, (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of the self-indicating, non-automatic, (Platform type) weighing instrument with digital indication of "1FPF" series of medium accuracy (Accuracy class III) and with brand name Interface" (hereinafter referred to as the model) manufactured by M/s. Interface Systems lnc, C-29, Sadh nagar. Street No 9. Palani Colony, New Delhi-1100 45 and which is assigned the approval mark IND/09/2000/179;

The said model (figure given) is weighing instrument with a maximum capacity of 100kg and minimum capacity of 200g. Tl>c\crificalion scale interval (e) is lOg. It has a tare device wittj a 100 per cent subtractive retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and 50-Hertz alternate current power supply;

And further, in exercise of the powers conferreu by sub-section (12) of section 36 of the said Act, the Centr;il Government licreb\ declares that this certificate of approval of the model shall also cover the weighing instrument of same accuracy and performance of same scries with maximum capacity up to 5 tonne with number of vcrfication scale internal (n) less than or equal to I0(H)0(IK 10,000) and with'c' value 1* 10l, 2* 10k,5* K)k,k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer with die same principal, design and with the same materials with which, the approved model ha\ e been manufactured.

|F No. W.M>2l(101)/981

P. A. K.R1SHNAMOORTHY. Director, Legal Metrology285 I3?kl )3ooi-l| 286 THE GAZETTE OFrMHA: JANUARY 27.2WH/MAGHA 7.1922

IPARTII—SLC. 3

New Delhi, the 16 Hi December, 2001

S. O. 137,—Whereas Uie Centra] Government, after considering the report submitted to it by the prescribed authority, is satisfied lluit the model described in the said report ( the figure given below) is in conformity with the provisions of die Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weighis and Measures (Approval of Models) Rules. 1987 and the said Model is likely to maintain accuracy o\ cr periods of sustained use and lo render accurate service under varied conditions:

The said model ( figure given) is a weighing instrument with a maximum capacity of ,10kg and minimum capacity of lOOg The verification scale interval (e) is 5g. It has a tare device with a 100 per cent subtractivc retained tare effect. The Light Emitting Diode display indicates" the weighing result. The instrument operates on 230 volts and 50-H.CHZ alternate current power supply.

And lurthcr. in c\ercisc of the powers conferred by sub-scclion (12) of section .16 of the said Act, the Central Go\ eminent hereby declares lhal this certificate of approval of the Model shall also cover the weighing instrument of same ncciirae\ and performance of same scries with maximum capacity ilplo 50kg with numberofvcrificalion scale interval (n) less than or equal lo 100.000 (n< 100.000) and with "c'value I -• IOk.2 - 10\5- IOk, kbcing theposiliveorncgativc whole nuinbci or equal io zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model have been manufactured.

|K No. W M.-21(l01)/9h|

P. A. KRISHNAMOORTHY. Director, Legal Metrology 2N7 28K THE GAZETTE OF INDIA JANUARY 27,2001/MAGHA 7,1022

IPARTII—SEP. 3(ii)l

New Delhi, Uie 17th January. 2001

S. O. 138.—Whereas the Central Government, after considering the report submitted to il by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act. 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules. 1987 and the said Model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions:

Now, therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act. the Central Government hereby publishes the certificate of approval of the Model of the non-automatic, (table top type) weighing instrument with digital indication of "DIB¹' scries of High accuracy (Accuracy class II) and with brand name "SHARP" (hereinafterreferred lo as Ihc model) manufactured by M/s. Sharp Electronics. Sr. No. 18/1. Thcrgaon. Wakod Road, Pune-411033 and which is assigned the approval mark IND/09/2000/HB;

The said model (see figure) is;) weighing instrument with a maximum capacity of 1 lkg and minimum capacity of 2Og. The verification scale interval (e) is lg. It has a tare device with a 100 per cent subtractive retained tare effect. The load receptor is of rectangular section side 2G0*29(1 millimetre. The light emitting diode indicates the weighing result. The instrument operates on 230 Volts and 50-Hertz alternate current power supply:

And further, in exercise of fhe powers conferred by sub-section (12) of section 36 of the said Act. the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of same scries w ith maximum capacity up to 50kg with number of verfication scale interval (n) less than or equal lo 1.00.000 (n< 1.00.000) nndwithc" value 1* I OS 2 * 1 0 \ 5* 10", k being die positive or negate e whole number or equal to zero, manufactured by the same manufacturer w ith the same principle, design and with the same materials with which, the approved model ha\ e been manufactured.

IF. No W.M.-21(15)/2000]

P. A. KRISHNAMOORTHY. Director. Legal Metrology289 290 THE GAZETTE OF INDIA: JANUARY 27,2001/MAGHA 7,1922 [PARTII—SEC. 3(ii)l

New Delhi, the 17th January, 2001

S. O. 139.—Whereas the Central Government after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Slandardsof Wei ghts and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules. 1987 and the said Model is likely to maintain accuracy overperiods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of the non-automatic, (table top type) weighing instrument with digital indication of "RKS" series of medium accuracy (Accuracy class III) and with brand name "SHARP" (hereinafter referred to as the model) manufactured by M/s. Sharp Electronics, Sr. No. 18/1, Thergaon Wakod Road, Pune-411033 and which is assigned the approval mark IND/09/2000/104;

The said model (see figure) is a medium accuracy (accuracy class 11) weighing instrument with a maximum capacity of 20 kg. and minimum capacity of 40g. The verification scale interval (e) is 2g, It has a tare device with a 100 per cent subtractivc retained tare effect. The load receptor is of rectangular section side 260x290 millimetre. The light emitting diod display indicates the weighing result. The instrument operates on 230 volts and 50-Hertz alternate current power supply:

And further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of same scries with maximum capacity up to 50kg with number of vcrfication scale interval (n) less than or equal to 10,000 (\vi 10 000) and wilh V value 1* 10k, 2 * 10", 5* IO\ k being Ihc positive or negative whole number or equal to zero, maniifaclured by the same manufacturer with the same principle, design and with the same materials with which, the approved model have been manufactured.

[F No W.M.-2l(15)/200<>l

P. A. KR1SHNAMOORTHY. Director. Legal Metrology291 292 THE GAZETTE OF INDIA: JANUARY 27,2001/MAGHA 7,1922

|PARTII—SLC 3(h)|

New Delhi, the 17th January. 2001

S. O. 14(1.—Whereas the Central Government, after considering theYcport submitted to it by the prescribed authority, is satisfied that the model described in the said report (sec the figure given below) is in conformity w ith the pro\ isions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1 (J87 and the said Model is likely to maintain accuracy, over periods of sustained use and to render accurate service under varied conditions:

Now therefore, in exercise of the powers conferred by sub-section (7) of section 3d of the said Act. the Central Government hcrebv publishes the certificate of approval of the Model of the non-automalic. (Platform type) weighing instrument with digital indication of 'KGS" series of medium accuracy (Accuracy class 111) and with brand name SHARP" (hereinafter referred to as tlic model) manufactured by M/s Sharp Electronics. Sr No 1X/1. Thcrgaon Wakod Road. Pune-411033 and which is assigned the approval mark IND/09/2000/105:

The said model (sec figure) is a weighing instrument with a maximum capacity of 50 kg and minimum capacity of I()0g The verification scale interval (e) is 5g. It has a tare device wilh a 100 percent subtractivc retained tare effect. The load receptor is of rectangular section side 300x400 millimetre The light emitting diode display indjeates the weighing result. The instrument operates on 230 volts and 50-Hertz alternate current power supply;

And further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of same scries with maximum capacity up to 5 tonne with number of verficalion scale interval (n) less than or equal to 10,000 (n< 10,000) and with- e' value 1 * 10k, 2 * 10", 5* H>k, k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer with the same principle, design and with the same materials with which, the approved model have been manufactured.

[F.No.W.M-21(15)/2000]

P. A. KRISHNAMOORTHY, Director, Legal Metrology293 / Vt LXl/jrri/ >;

294 THE GAZETTE OFiNDIA JANUARY 27,2001/MAGHA 7,1922

[PARTII—Stc 1(ii)]

NcwDellu.the 17th January, 200]

S. O. 141.—Whereas the Central Government, after considering tho report submitted to it by the prescribed authority, is satisfied thai (lie model described in the said report (see the figure given below) is in conformity with the provisions of the Sliindjrds of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rule;!, 1 9X7 ;md the said Model is likelv to maintain accuracy over periods of sustained use and to render accurate sen ice under i, aned conditions.

Now, therefore in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of the non-automatic weighing instrument with digital displav (lablc top Upc) of " O P B" series and belonging to high accuracy class (Accuracy class II) (hereinafter referred to as ihc model) manufactured by M7s Orion Automation Systems, 96, 1 lth Main, BIM 1st stage, Banglore-560 029 and which is assigned the approval mark 1ND/13/2000/16

The model (sec figure) is a non-automatic weighing instrument Its maximum capacity is 200 g, minimum capacity is20()nig and value of verification scale interval (e) is 10 ing The display units of light emitting diode type The instrument opcr.iles on 2 M) \ olts and 50-Hcrtz alternate current power supply

And Inrthoi in exercise ol the powers conferred In sub-scUion (12) of the said section, the Central Government huclix dccl.ucsth.il llus certificate of approval of the Model -shall also cover (he weighing instruments ofsinular make accurac> .HKI pcrloim.mce ol the same series with maximum capaciU up to 50kg and with number of vcrficalion scale interval (n) uplo ! on oi)(i(ii 1 do ()(><>),ind wilh e'valueol I - 10k,2 • l()l,and5 < 10\k being a positive or negative whole number or equal to /eio m.imil.iLlured by Ihesamc manulacliircr in aLCoidancc with the samepnnciple, design and with llic same maierials with u hidi Ihe jpptov od model h.is been maiuiKittured

IF No WM-21(134)/99]

P A KRISHNAMOORTHY. Director, Legal Metrology295 296 TrtE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7. 1922 [PART II-^SEC. 3 (ii)]297 298 THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7, 1922 [PART II—SEC. 3 (ii)]299 300 THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7. 1922 (PART II—SEC 3 (ii>l301 137 Gl/2001—6 M)2 THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7, 1922 [PARI II—SE<- 3 (ii)l 103 304 THE GAZETTE OF INDIA : JANUARY 27,2001 MAGHA 7, 1922 [PART II—SEC 3 (ii)]305 306 THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7, 1922 [PART II—SEC. 3 (li)]307 M)X THE GAZETTE OF INDIA . JANUARY 27, 2001 MAOHA 7, 1922 [PART II—SEC 3 (ii)l Ministry of Petroleum and Natural Gas

New Delhi the 22nd January, 2001

s o. ii2.—Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural Gas S.O. number 297 dated the 24th January, 2000, issued under sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962) (hereinafter referred to as the said Act), the Ceptral Government declared its intention to acquire the right of user in the land, specified in the Schedule appended to that notification for the purpose of laying pipeline for the transportation of Crude oil from Haldia in the State of West Bengal to Barauni in the State of Bihar by Indian Oil Corporation Limited;

And whereas, the copies of the said notification were made available to the public on 15th February, 2000;

And whereas, the Competent Authority in pursuance of sub-section (1) of section 6 of the said Act has submitted his report to the Central Government; And whereas, the Central Government, after considering the said report, is satisfied that the said land are required for laying of the pipelines for the transport of the petroleum products;

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 land shall instead of vesting in the Central Government, vest, from the date of publication of this declaration, in the Indian Oil Corporation Limited, free from all encumbrances.

309

Schedule Police Station • Tamluk

District: Midnapur Village

State. West Bengal

Area

Jurisdiction

Plot.

List No.

No. 1

Chakdurgadas

115

109

454

456

457

458

459

461

462

543

545

546

547

546

549

550

613

623

624

625

626

627

628

630

636

637

638

642

643

644

646

802

805

806

607

808

809

810

811

828

829

831

832 Hectares Ares Centiares

6 4

41 C

24 0

03 0

60 0

10 0

20 ' 0

47 0

64 0

50 0

46 0

32 0

20 0

28 0

68 0

04 0

46 0

30 0

57 0

30 0

20 0

34 0

27 0

87 0

73 0

59 0

13 0

.57

43 0

7833 3 57 0 861 0 1 71 0 109/899 0 42 460/922 0 0 65 137 GI/2001—7 110 '! HE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7. 1922 [P'Pi I ' - S FC 3fiiM 1 2 3 4 fi 6 4C1-890 402/924

543/923

543/927

88e/E34 Ashuda Patoai

117

£5

t>2

410

411

412

413

414

4b5

505

ot-2

b^3

556

5J9

•:ai

562

^ 63 0

67 0

60 0

88 o

33 0

a u

20 0

71 0

23 0

8> 0

56 0

31 0

47 0

?0 0

8's 0

42 0

7' 0

38 0

1-3 0

3e 0

83 0

41 o

72 7a

1G 0 n

01 0

23 0

87 0

Ot 0

28 0

71 0

667

56 a 0

28 0

569

670

86 0

0 u

•J

5fl4

58t-

58b fi87 588 0

28 0

06 0

09 0 •

9C 0

590 0

00 0

78591 0 51 593 0 2 5b 596 0 2 23 597 0 4 36 598 0 0 88 599 0 1 67 311 6 4 2 1 A 18 3 651 6 87 0 652 78 0 853 667

638

669

670

373

674

712

713

714

715 Sallkagar Chak

1247

116

1248

1251 1252 1253

1253

1260

1261 1262 "263

1264

1265

1266

1269

1292

1293

1380

13S2

1383

1385

1386

1392

1393

1397

1398

1399

1400

1401

1407

1479

1430

1484

1486

1487

14 0

32 0

92 0

28 0

07 0

11 0

0 2 2 2 0 8 14 2 2 7

0 0 0

11 0

3e 26 0

47 0

1 0 0

20 0

74 0

0 .

76 0

64 0

3 4 3

67 0

88 0

37 0

22 0

20 0

32 0

34 0

97 0

69 0

20 0

05 0

34 0

02 0

20 0

4b 0

01 0

52 0

65 0

81 0

71 0

34 0

a1488 0 10 58 1496 0 6' 6b 312 THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7, 1922 [PARI J I —S H\ 3 (ii)]6 1 5 0 4 0 3 173 2 121 Garupota Nijzoto eo 122

Shallkadhanl Cl^ak

418 443 444 445 448 481 482 497 501

502

503

505

513 516 517 518

519

536

609

610 611

628

992 1024

1025

1064

1065

1066

1067

1068

1069

1070

1071

1072

1092

1093

1095

1096

1099

1100

1109

1219

1222

1223

1226

1231

20 0

0 2

04 0

11 1

23 0

89 0 7 2

78 45 6 7

98 0

71 0

51 0

0 7

, 05 0

68 0

34 0

23 0

69 0

78 0

2 2 8

35 75 0

00 0

20 0

0 7

82 78 0

93 0

41 0

75 0

88 0

0 1

02 0

20 0

31 0

13 0

64 0

89 0

85 0

20 0

6 4 7 1 0 7

33 0

20 54 28 0

96 0

2 1

39 78 76 25 20 0

34 0

351247 0 8 1 86 1344 0 37 1384 0 0 1 49 313 4 5 6 3 2 1 10 68 351 123 Laichhanpur c3 20 0 5 352 356

358

361

362

411

412

413

414

415

416

417

416

988

989

993

1096

354

124

Barbarya Paikbar

360

361

362

364

365

367

371

373

374

375

381

382 •

383

384

387 Rajnagar Baharjala

161

127

473

474

575

576 Putpute

162

810

813

814

815

817

816

25 3

42 11

49 1

23 0

20 0

22 15

06 4

59 4

20 5

41 0

51 0

20 0

93 0

60 2

20 5

98 0

03 1

20 0

03 1

19 0

49 0

74 0

86 0

75 0

91 0

99 0

49 3

18 1

87 0

36 0

23 0

46 0

99 0

75 0

02 3

71 1

08 1

49 0

05 0

94 0

02 0

42 0

83819 0 0 20 822 3 0 29 823 1 0 86 3J4 THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7, 1922 [PART IT—SEC. 3 (li)]1 2 3 e 37 20 4 0 0 46

5 2 0 4 0

0 0 0

81 51 54

0 0 •

824 827 828 829 833 841 870 874 876 876 880 881

12 0 11 2 1 7 3

882 883

3 3

884

46 53 24 3P 85 34 20 27 41

950 951 952 986

38 G7

1024

13 2 5 1 6

1025

1028

0 0 0 0 0 0 0 0 0 0 0 0 0

1027

1028

1029

71 65 57 23

1030

1055

1073

1074

02 21 20

1079

1474

1476

1477

88 • 76 27 20

1478

3 13 1 3 0 0 0 2 2 2 0 6

1480

50 23

1484

1507

1525

57 29

1526

3 1

1S30

1533

70 75

1543

0 7 4

1544

1650

1561

1552

0 0 0 0 0 0 0 0 0 0 0

1553

1564

01603 0 51 • 85 81 1610 0 56 1611 0 0 1 7 4 6 1 0 3 95 315 3 1

1613

1614

1619

1R20

1626

1628

1905

1909

1917

1922

1926

2077

1551/2103

1611/2106

1613/2168

829/2074 Putputta

:163

1350

1351

1386

1468

1459

1464

1475

"M76

1477

1492

1493

1507

1531

1532

1533

1536

1637

1538

1539

1540

1541

1551

1578

1579

1580

1587

1589

1590

1591 4 0

6 08 30 62

51 0 0 0

98 0

76 0

49 5 6 10 4 2 2 0 0 5

37 0 0

84 0

0 2 5

48 0

90 0

09 0

20 23 3 3 0 2

02 72 0

05 0

3 1 2 0

20 0

64 0

45 75 0

3 9 3

29 0

20 0

95 0

08 1 6 5 1

08 0 0 0

36 0

53 0

35 0

13 0

8 6 7

93 0

20 45 67 01 0

3 1 5 11 4 0

37 57 24 27 0

421592 0 2 05 1596 0 35 1597 0 8 1 11 1603 0 0 73 1604 0 03 1606 0 2 7 10 316 THE GAZETTE OF INDIA ; JANUARY 27, 2001 MAGHA 7, 1922 [PART II—SEC, 3 (ii)]

3 1

1607

1608

1609

32 4 0 0

1613

1614

1615

1622

1636

1637

1638

1639

1640

1616

3131

3248 Purbanukha

255

500

508

509

513 514 515 616 618

519

520

800

812

817

819

820

821

822

823

824

864

865

866

867

868

870 Kalikapur

256

1 0

05 0

50 0

98 5 2 6 2 4 4 0 6

29 29

86 0 0 0 0 0

76 0

71 2 1 1 5 1

08 0

39 0

20 0

32 0

37 47 22 • 26 0

67 0

78 0

01 0

6 1 2 5 0 8

98 17 0

16 24 85 0

92 0

59 51 08 0

1 7 5 2 4 2 4 4

73 0

53 0

95 0

3 1 1

58 0

13 14 0

73 0

11 4 9

00 0

46 0

4 4

08 0

23 0

352 116 117 118 0 0 42 123 0 5 10 0 1 81 0 0 30 0 78 124 125 127 128 0 2 4 18 317 6 5 2 3 ¹ 11 4 0 0 0 0 ' 0 0 0 0

158 1S9 160 1C2 183 165 166 167 185 186

187

197

89 35 04 80 52 95 53 71 71 85 53 76

0 0 0 0 0

198

199

200

1 5 1 4 7 0 1 2 3 3 0 1 1 5 4 2 6 3 2

7 5 4 3 4

66 94 51 57 78 20

204 205 220 222 223 224 226 - 228 229 250 251 252 253 254 256 265

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

642

643

862

865

866

867

868

869

62 .

4 5 5 0 0 0 1 1 1 10 0 0 2 10 0 " ,8 73 10 20 83 23 88 39 71 95 21 70 70 27 OB 20 93 0 2 0 870 871 872 873 874 878 894 895 896 897 900 901 902 9 5 4 4 4 0 83 81 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ↩

9301 83 64 137 GI/2001—8 11K THE GAZETTE OF INDIA . JANUAkY 27, 2001 MAGHA 7, VJ21 IPuu 1I--S&-. 3 (ii)]

3 1

954

955

956

957

124/1089

16,2/1098

163/1099

878/1113

9S5/1115

955/1H6

282

257

Jayknshnapur

253

?84

237

288

2G'i

2b5

256

2<57

299

301

2 0 8 / 9 98 I\.'iriKptjr

261

760

822

866

S63

f'2

87 j

874

876

877

875

BOP

309

H09

9"5

916

9 1/

018

<31 j

920

(J21

922

92'j

926

6 5

20 0

48 5

98 7

65 2

53 3

32 0

41 1

90 0

20 0

07 0

89 0

88 0

47 0

66 7

50 0

95 0

64 0

20 7

32 2

41 0

60 0

30 0

56 0

.2C 0

20 5

85 u

95 0

69 0

81 2

14 2

20 0

09 0

75 1

51 0

15 0

05 0

66 0

S3 0 2

78 0

14 0

70 0

15 0

20 01 0 936 23 937 0 0 20 938 83 0 11 939 0 86 1 940 0 62 2 319 1 2 3 5 6 941 1 4 0 44 942

0 943 950

0 0 951

0 952

0 955

0 956

0 957

0 959

0 960 961

0 962

0 963

0 • 964

968

0 992

0 993

994

995

996

997

998

999

0 1186

0 1187 1188

0 1468

0 1494

0 1495

0 1496

0 1497

0 1501

0 1502

0 1527

0 1528

0 1529 1530

1532 1533

0 2

18 23

74 0

20 0

08 5

02 3

11 1

39 36

32 90 09

6 2 2 3

46 4

20 0

28 0

28 42

3 3

90 5

38 9

83 0

80 0

68 5

41 2

20 0

64 7

39 3

99 0

43 8

74 0

26 11 79 3 50 20 0 1534 20 0 4 1535 VO THE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922 [P,lRT II—SEC 3 (it)]1 3 2 4 6 5 1640 0 5 62 1W1 0 4 7.1 1542

1544

17-10

1741

1744

1/45

1746

1747

V49

1750

1819

1821

1822

1824

1825

1826

1000/2780

921/2824

94V2779

::32

262

Bar Basanta

273

274

276

?77

278

279

288

289

290

291

293

294

295

489

b48 0

18 0

Uf 0

83 0

47 0

20 0

29 0

35 0

75 0

48 0

20 0

16 0

64 0

13 0

72 0

14 0

71 0

65 0

50 0

99 0

43 0

56 0

16 0

?1 0

21 0

38 [NO R-31015/1/2000-OR-I] S Chandrasekhar, Under Secy m 322 THE GAZETTE OF INDIA JANUARY 27 2001 MACTHA 7, 1922 [PARI IT—SF^ * (n)l323 .124 THE GAZETTE OF INDIA : JANUARY 27. 2001 MAGHA 7. 1922 TPAKV IJ—SEI-. 3 ('li)l325 137 GI/2001—9 326 THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7, 1922 [PART II—Stc 3 (ii)]127

New Delhi, the 22nd January, 21)01

s. o. 143.—Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural Gas number S.O. 298 dated 24th January, 2000, issued under sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962) (hereinafter referred to as the said Act), the Central Government declared its intention to acquire the right of user in the lands specified in the Schedule appended to that notification for the purpoc.3 of laying pipeline for the transportation of crude oil from Haldia in the State of West Bengal to Barauni in the State of Bihar by Indian Oil Corporation Limited;

And whereas, the copies of the said notification were made available to the public on 15.02.2000;

And whereas, the Competent Authority in pursuance of sub-section (1) of section 6 of the said Act has submitted his report to the Central Government; And whereas, the Central Government atter considering the said report is satisfied that the right of user in the land specified in the Schedule appended to this notification should be acquired;

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 lands specified in the Schedule to this notification are hereby acquired, And further, in exercise of the powers conferred by sub-section (4) of the said section, the Central Government hereby directs that the right of user in the said lands shall instead of vesting in the Central Government, vest from the date of publication of this declaration in the Indian Oil Corporation Limited, free from all encumbrances.

128 THE GAZETTE OF IN OK J A N U A R\ 27, 2001 MAGHA7, I'J22 IPARI H—Sn M")l

Gchauule Police Station Mahishaclal

District MidnapL'

Plct Village

Jurisdiction

List No

BaTiunya

134

1232

1263

1284

1J65

126^

1236

State WestBerga!

Area

Hectares Ares

Contiares

⁷

00 0

02 0

39 0

58 0

20 0

1271

1275 0

76 0

30 0

1296

1297

1298

1300

1301 0 o n

70 0

1307 0

21 0

1308

18 0

1318

1319

1320

1323

1328 0

60 0

78 0

20 0

02 0

1381

1405

1406

1407

1415

1416

87 0

23 0

68 0

36 0

1419

1420

1421

1431

1433

1438

1464

1498

1502

1503

1504 0

80 0

40 0

96 0

31 0

69 0

76 0

43 0

20 0

38 0

131? 2 ' ! ↩

078 0 1 1505 33 1 0 1506 00 0 2 1507 329 d 1 2 6 3 1608 0 5 2 97 1509

1510 1511 1512

1596

1609

1611

1612 1628

1629

1630

2248

2249

2251

2284

2289

2290

1316/1966 Keshabpur Jalpai

133

720

721

722

723

785

786

788

789

796

801

802

803

808

814

815

816

817

818

819

820

623

824

868

870

871

875

876

877

934 0

83 0

01 c

39 0

30 0

9 1

93 0

03 0

32 0

04 0

0 2 2

01 0

35 0

3 2 2

75 0

64 0

18 0

88 0

4 ,4 2

61 0

67 0

65 0

61 0

47 0

0 7 10

52 0

91 0

20 0

69 0

99 0

68 0

0 0 12 6 2

95 0

72 0

81 0

' 55

"'0

92 0 - 1736 776/3079 0 3 33 0 7 20 0 786/3080 786/3081 _ . . __ •——• 0 — • "Ho THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7, 1922 [PART II—SE<- 3 (ii)]3 6 1 2 4 5 Kanchanpur Jalpal

132

130

131

132

134

135

149

150

151

159

163

164

174 175

178

179

180 181 670 671

673

676 677

678

710

711

714

715 717 718 724 725 793 794 795 796

797 798 607

808

810

815

816

817

823

824

825

1320

1335

14 0 0

20 0

2 0 18

01 77 80 0

33 79 0

56 0

41 3 15

20 0

55 0

13 1

91 0

20 87 75 57 71 0 0 0 0

0 0 5 0 7 7

89 87 44 3

20 0

48 0

95 56 56 3

46 0

78 0

21 0

13 0

20 2 11 1 0

20 0

29 0

85 57 03 52 58

75 0 0 0

• 20

28 0 3 6 4 6 7 0 1 0 0

68 0 0 0

6 1

62 20 26 9

23 0

60 2

67 0

30 1336 20 44 0 1337 03 0 3 6 0 1338 331 3 4 6 1 2 •—' U07 • 0 34 174/1282

175/1283

178/1284

710/1383

711/1384

714/1386

715/1387

o- 0 Rajarampur

130

2859

2860

2861

2863

2864

2865

2868

2903

2945

7 Dakshin Kashim Nagai

129

80 97 17 04 83 01 20 80 5 0 1 8 5 4 4 5 0

83 38 30 25 20 20 57 20 78 11 98 20 83 50 28 13 94 76 19 20 57 4 5 0 2 0 0 16 0 2 6 0 5 0 6 1 4 2 1 2 0 0

20 0 1

24 36 4

04 4

53 1

29 1

32 3

71 3

30 2

20 0

21 0

23 0

66 2

44 3

53 1

35 2

74 1

46 1

86 181 40 3 145 20 0 36 1 272 0 0 0 0 0 0 0 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . _—- ^2 -THE GAZETTE OF INDIA : JANUARY 11, 2001 MAG HA 7, 1922 [PART I I —SW 3 (iiM1 2 3 6 4 0 5 1 14 273 274 290

296

298

299

300

301

314

315

323

325

331

334

348

352

353

354

355

356

368

3 76

379

407

41) 412 413

414

416

430

434

435

446 447

448 450 451 10/809 20/841 314/838 371/824 379/818 430/842 451/837 0

14 • 64

1 4

50 0

6 4

01 0

08 0

7,1 0

96 0

2 7 5

e 3 I

68 20 13 0 0 0 0 0 0

86 0 '

62 0

83 0

2 4 5 4

00 75 70

9 20 0

32 0 c

•34

60 0

0 6 2

71 0

33 0

05 0

69 0

1 5 2 2 3

35 0

20 0

04 0

20 0

75 0

66 0

09 0

18 0

0 2 0 4 7 8 4 8

41 0

[NO R-31015/2/2000-OR-1] S Chandrasekhar, Under Secy133 137 GI/2001—10 Tt4 THF GAZETTE OF INDIA JANUARY 27 Pool MAGHA 7 '^22 [ P M U I I - SM 1 (u)|335 '™ THE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922 [PART II—Si-r 3

New Delhi, thc2Vd Jjiuurv, 2001

o. 144.—In pursuance of proviso to rule 4 under explanation of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Rules, 1063 framed under section 17 of the Petroleum and Mineral Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962). I, V S Naik. Competent Authority, Thai Usar Gas Pipe Line in consultation with Cms Authority of India Limited with whom the right of user in land in that aiea lias been vested or ownership of the pipeline in that area vest as the ca.se -may be, hereby declare the date of termination of operation of laying (ia-> Pipeline from Thai to Usar plant as mentioned m column (8) of the Schedule appended herewith

Schedule

Mandal

¹ Sr

Name of

Notification

U/S3(l)

Notification U/S6(J)

So No Date

(4)

(5)

(6)

(7)

(8) 01

Zirad

Gunjis.

02.12.95 3121/15.11.95

18.01.97 100/09.1.97

Tflluka

01.06.96

03.05.97 1515/13.05.96

1133/23.04.97

25.5.98 Alibag Dist.

Raigad state

01.02.97

corrigenda 03.5.97 1132/23.04.97

Maharasfctr"

225/20.01.97

226/20.01.97

Village^ Date of termination of opeiatioti So No Date Date of publicat ion of Gazette Date of publicat ion of Gazette W ↩

337

3 4 2 Tudal. Taluka 02.12.95 Alibag Dist. 01.06.96 Raigad state Maharasht'o 01.02.97 Bhal. Taluka 02.12.95 Alibag Dist. 01.06.96 Raigad state MaharastiTra 01.02.97 Taluka Mann. 02.12.95 Alibag Dist. 01.06.96 Raigad state Maharashtra 01.02.97 Taluka Warsoli. 02.12.95 Alibag Dist. 01.06.96 Raigad state MflharasHfa 01.02.97 Mule. Taluka 02.12.95 Alibag Dist. 01.06.96 Raigad state Maharashtra 01.02.97 Veshvi. Taluka 02.12.95 Alibag Dist. 01.06.96 Raigad state Maharashtra 01.02.97	5 3121/15.11.95 1515/13.05.96 corrigenda 225/20.01.97 226/20.01.97 3121/15.11.95 1515/13.05.96 corrigenda 225/20.01.97 226/20.01.97 3121/15.11.95 1515/13.05.96 corrigenda 225/20.01.97 226/20.01.97 3121/15.11.95 1515/13.05.96 corrigenda 225/20.01.97 226/20.01.97 3121/15.11.95 1515/13.05.96 corrigenda 225/20.01.97 226/20.01.97 312.1/15.11.95 1515/13.05.96 corrigenda 225/2 0.01.97 226/20.01.97	7 6 100/09.1.97 18.01.97 1133/23.04.97 03.05.97 1132/23.04.97 03.5.97 100/09.1.97 18.01.97 1133/23.04.97 03.05.97 1132/23.04.97 03.5.97 18.01.97 100/09.1.97 1133/23.04.97 03.05.97 1132/23.04.97 03.5.97 18.01.97 100/09.1.97 1133/23.04.97 03.05.97 1132/23.04.97 03.5.97 18.01.97 100/09.1.97 1133/23.04.97 03.05.97 1132/23.04.97 03.5.97 18.01.97 100/09.1.97 1133/23.04.97 03.05.97 1132/23.04.97 03.5.97






02.12.95 Gondhl- Taluka pada. Alibag Dist. 01.06.96 Raigad state MaharasMx? 01.02.97	3121/15.11.95 1515/13.05.96 corrigenda 225/20.01.97 226/20.01.97	18.01.97 100/09.1.97 1133/23.04.97 03.05.97 1132/23.04.97 03.5.97

118 THE GAZETTE OF INDIA JANUARY 27, 2001 MAOHA 7, 1922 [PARI II— Sue 3 8 5 2 3 6 7 4 1 02.12.95 100/09.1.97

18.01.97

25 S.9S

3121/15.11.95

Kurul.

1515/13.05.96

01.06.96 1133/23.04.97

03.05.97

corrigenda

Taluka Alibag Dist. Raigad state MaharasHtm

225/20.01.97

01.02.97 1132/23.04.97

03.5.97

226/20.01.97

02.12.95 10

25 5 98 100/09.1.97

18.01.97

3121/15.11.95

Belkade

1515/13.05.

01.06.96 1133/23.04.97

03.05,97

96corrigenda

Taluka Alibag Dist. Raigad state Maharashfri

01.02.97 1132/23.04.97

03.5.97

225/20.01.97

226/20.01.97

02.12.95 Dhavar.

100/09.1.97

25 5 98 18.01.97

3121/15,11.95

1515/13.05.

01.06.96 1133/23.04.97

03.05.97

96corrigenda

Taluka Aiibag Dist. Raigad state Maharashtra

1132/23.04.97

03.5.97

225/20.01.97

01.02.97

226/20.01.97

2 5 5 9b 100/09.1.97

18.01.97

3121/15.11.95

02.12.95 Sahan.

1133/23,04,97

1515/H.05.96

01.06.96 03.05.97

con igenda

Taluka Alibag Dist. Raigad state MaharashTrt

225/20.01.97

01.02.97 1132/23.04.97

03.5.97

226/20.01.97

25 5 98 100/09.1.97

18.01.97

3121/15.11.95

02.12.95 Kavir.

1133/23.04.97

1515/13.05.96

01,06.96 03.05.97

conigenda

Taluka Alibag Dist. Raigad state Maharashfrq

225/20.01.97

01.02.97 03.5.97 1132/23.04.97

226/20.01.97

02.12.95

IS 5 98 100/09.1.97

18.01.97

3121/15.11.95

14 Baman- Gaon.

1133/23.04.97

1515/13.05.96

01.06.96 03.05.97

corrigenda

Taluka Alibag Dist. Raigad state Maharashtra

225/20.01.97

01.02.97 1132/23,04.97

03.5.97

226/20.01.97

100/09.1.97

25 5 98 18.01.97

3121/15.11.95

02.12.95 Vadhv.

1133/23.04.97

1515/13.05.96

01.06.96 03.05.97

corrigenda

Taluka Alibag Dist. Raigad state Maharastitrq

225/20,01.97

01.02.97 03.5.97 1132/23 04.97

226/20.01.97

100/09.1.97

25 5 98

3121/15.11.95

02.12.95 16

18.01.97

1133/23.04.97

1515/13.05.96

Velha- Vali.

01.06.96 03.05.97

corrigenda

Taluka Alibag Dist. Raigad state Maharashtra

1132/23.04.97

225/20.01.97

01.02.97 03.5.97

226/2 0.01.97

1339 5 7 4 2 3 6 . V 17

02.12.95 3121/15.11.95 18.01.97 100/09.1.97 , 25 5 98 Khan a v Taluka

1515/13.05.96 03.05.97 1133/23.04.97

01.06.96

Ahbag

corrigenda

Dist.

225/20.01.97

OJ.02.97

03.5.97 1132/23.04.97

Raigad

226/20.01.97

state

Maharashtra

_ __

[NoF-H016/6/93GP(Vol II)l S k SINGH, Under Secy.

140 THE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922 I PART II—Str 3 (ii)l Ml 137GI/2001—11 "42

J™£^™sEi^i^HARY27¹20^^KA 7. ,M² JPAh. II StC-. 3 (ii)l143 3*4 THE GAZETTE OF INDIA ; JANUARY 27, 2001 MAGHA 7. 1422 [FVRI II—SFC. 3 (ii)|345 Ud THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7. 1422 IPuir JI—Sn\ 3 (ii)l347 148 THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7, 1922 [PART II—SEC, 3 (ii)] U9 137 GI/2001—12 -- -- - ™EGAZETTEOFINDIA:JANUARY27,20(.lMAGHA7,iy22 |P.K, II-S,,. 3 (ii)]351 ^2 THE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922 [PART II—SEC 3 (n)]353 vM THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7. 1922 IPART 11—SW. 3 (ii)l TiS W, THE GAZETTE OF INDIA JANUARY 27 2001 MAGHA 7, 1922 [Purr II—Si - 1 (n))357 137 GI/2001—13 15K THE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922 [PART II—SEC 3 (ii)]

New Delhi, the 24th January, 2001

s. o. us.—Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural Gas number S.O. 300 dated 28th January, 2000, issued under sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962) (hereinafter referred to as the said Act), the Central Government declared its intention to acquire the right of user in the lands specified in the Schedule appended to that notification for the purpose of laying pipeline for the transportation of petroleum products from Haldia in the State of West Bengal to Barauni in the State of Bihar by Indian Oil Corporation Limited;

And whereas, the copies of the said notification were made available to the public on 15.02.2000;

And whereas, the competent authority in pursuance of sub-section (1) of section 6 of the said Act has submitted his report to the Central Government;

And whereas, the Central Government after considering the said report is satisfied that the right of user in the land specified jn the Schedule appended to this notification should be acquired;

And further, in exercise of the powers conferred by sub-section (4) of the said section, the Central Government hereby directs that the right of user in the said lands shall instead of vesting in the Central Government, vest from the date of publication of this declaration, in the Indian Oil Corporation Limited, free from all encumbrances359 Schedule Police Station Nandakumar

Village

District. Midnapur Plot.

Jurisdiction

No.

List No.

3 Kalyanpur

125

369

386

387

388

390

391

392

393

487

489

490

493

496

497

State . West Bengal Area

Hectares Ares Centiares 4

53 0

•18 0

39 0

88 0

93 0

498 0

499

500

501

502 0

25 0

04 0

95 0

510

636

637

638

839

640

641

649 •

00 0

86 0

23 0

16 0

20 0

63 0

74 0

650

651

1329

1378

1384

1385

1388

1387

1388

1443

1444

1445

33 0

29 0

20 0

15 0

53 0

2 •

2¹}

1446

1451 0

1452

1457

65 0

37' 3. '23 ↩

520 0 0 1458 19 1 0 1459 72 0 1 1460 70 1 0 1461 V,() THE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922 [PARF II—SM\ 3 1

6 , 2 ³

• II I

1481 1482 1483 1486 1487

05 0

20 0

47 0

19 0

20 0

1489 1490

14 0

29 0

1492 1493 1494

11 0

61 0

42 0

1608 1509 1510 1511 1512 1514

52 0

20 0

82 0

20 0

42 0

28 1519 1520 1521 1925 2094 2095 2096 2097 2098

62 0

0 2 1

13 0

62 0

91 0

71 8

09 2

20 0

2099

07 0

2100

19 0

2106 2106

62 0

86 0

57 0

2107 0

2108 2110 0

56 0

2161 2162 2163 2164 2165 2168 2607 2611 2612 2613 2614 2615 2618

19 0

47 0

63 0

97 0

67 0

20 0

76 0

98 0

20 0

15 0

42 0

24 0

20 2630 2631 2632 0

90 0

70 6

—- • - _1462 ~ 0 ↩
0 0 92 71 g ↩

850 52 5 2633 1 39 0 2634 6 07 0 2635 361 1

3 2674

4 0

2683 2684

2688

2689

2692

2693

2694

2695

2696

2697

2698

2699

0 0

2706

2707

2708

2709

' 0

0 0 0 4 2 1 2 3 1 0 6 0 2 2 2 2 0

2710

2717

2718

3674

0 Madhabpur

122

168 169 170

202

210

213

1 1

214

215

216

217

0 0 0

220

221

222

248

249

250

5 7 0 0 11

251 257 300

301

302

0 0 0

307

308

1 18 5 13 0 5 3

309

310

0 6

69 72 53

67 75 47 76 90

30 58

98 • 24

19 20 04

20311 0 0 20 00 338 1 0 0 3 90 0 0 43 4 64 0 339 340 342 M>2 T HE G A Z E T TE OF INDIA J A N U A RY 27, 2001 M A G HA 7^ 1922 IPART I I —S EC 3 ( n )]

6 1

42 06

5 3 3 1 1

0 0 0 0 0

0 20

9 0 5

3 343 370 371 372 373 374 375 377 378 379 381 382 384

93 42 73 71 57 20

385

3067

3082

3092

0 0 ⁷

3094

3095

3096

0 6 0 5 1 0 0 0

10 39 20 20 37

881

121

Sandalpur

882

883

20 30 23

10 0 3

886

887

888

917 918

15 27 79

10 0 2 6 5 1

80 62 44 56

0 0 0 0 0 0 0 0 0 0

919 920 925 926 928 929 931

0 0

932

933

13 0 0 7 2 1

936

0 01

1062

1063

36 28 39

1064

1066

1075

1077

1078

84 49 03

1079

0 0 0 0 0 0 0 0 0 0 0

10821085 26 70 16 1087 95 1088 18 0 0 0 0 1089 6 7 11 3 2 4 363 2 1 3 1131 1132

1135

1136 1144 1145

1237

1238

1241

1242

1243

1244

1245

1246

1247

1262

1254

1259

1273

1274

1275

1278

1281

1550

1560

1565

1566

1602

1607

1611

1612

1616

1617

1781

1782

1785

1786

1787

1790

1806

1807

1808

1854

1860

1865

1866

1867

1868

Sitalpur

5 0 6

6 20 11 4 0 0

35 0

19 0

74 0

61 97 0

8 9 1 1 4 8 7

91 05 99 04 0 0 0

0 2 5 0 7 0 2

16 37 44 20 82 57

0 4

o •

09 20 0

0 1 7

31 0

38 0

23 0

65 0

48 24 82 55 0

6 5 .0 12 13 5 16 8 4 4 6

18 41 0

20 0 , 3

\>2 43 0

39 0

1 2 1

47 72 23 0

2 1 1

95 67 98

10 0 0 0 0 0 0

91 0

0 1

52 00 1870 47 0 0 6 96 1872 3 25 1873 0 164 THE GAZETTE OF INDIA JANUARY 27. 2001 MAGHA 7, 1922 [PART II—SEC 3 (ii)]2 1 4 0 3 1874 6 23 70

1875

2693

5 2 3 1 2

2694

2695

13 1

31 95

0 0 0 0 0

2722

Bhabanlpur

26 23 58

8 0 1

94 20

0 0 0 0 0

0 7 5 0 4 2 0

09 79 83 49

88 89 90 91 94 96 96 97 104 105 108 118

1 1

120

121

3 7

122 123 124

128

06 24 20 29 32 20

0 0 0 0 0 0 0

0 9 2 0 0 2 4 4 2

141 151 152 163 154 155 156 157

167

168

169 170

221

0 2 0

0 0 0 0 0 0

239 240 241 242 243 244

245

634

645

64616 1 7 52 647 93 17 0 8 0 0 0 648 650 365 5 6 1 2 3 , ⁶ ⁵¹ 652 655 657 1007

4 0 0 0 0 0

1011

1012

1013

1031

1052

1053

1 2 1 0 0 7 7 0 1 0

1054

67 79 67 20 20 24 80 72 11 20 71

1055

51.

1056

1057

1058

1059

0 0 0 0 0 0 0 0 0 0

1074

39 62 17 57 20

1082

0 0

1086

06 43

1087

1088

1089

1090

3 2- 1 3 3 5 0 3 0 3 0 0 5 0

1091

1095

0 0 0 0 0 0 0

1096

1097

1617

1618

1619

1620

49 20 71 34 97 06

1621

1622

0 0 0 0 0 0 0 0

•0

1623

3 2 3 0 3 2

1624

40 23

1625

1627

0 2

1628

- 4

1629

1630

1631

1632

55 70 27 60 32

1633

1634

4 2 2 2 0

1635

0 0 0 0 0 0 0 0 0 0 0 0

1636

164948 1651 13 1682 20 1683 90 0 0 5 5 0 1692 0 0 0 0 0 137 GI/2001—14 V,G THE G A Z E T TE OF INDIA J A N U A RY 27, 2001 M A G HA 7, l'J2? | P \i* i II—Si< T (ii)J1 2 3 4 5 6 14 1693 C 2 1694

1695

16%

1507

1698

1699

1701

1 /24

1727

1728

1729

1730

1732

2070

2071

2072

2116

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1164

1168

1195

1198

1199

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152

153

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155

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168

169

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668 0 6 192 98 0 193 34 0 194 78 0 0 3 ' 5 195 16H 1 HE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922 [PART II—SFI- 3 (H)11 2 6 98 34 4 0 0 3 432 463 464

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651

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0 096 0 227 228 15 0 0 65 6 5 0 229 230 172 THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7. 1922 [PART II—SEC. 3 (ii)l6 1 2 4 0 00 3 233 253 256 257 258 259 260 261 262 263 264

265

336

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179

180

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187

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324

325

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09 091 4 0 1341 17(. THE GAZETTE OF INDIA . JANUARY 27. 2001 MAGHA 7, V)12 | PAR M l —S I .' 1 (ii)|4 5 6 1 2 3 1345 1346 1639 1640 1641 1654 1656 1657 1659 1662 1665 1666 1667 1669 1670 1674 1690 1691 1695 1696 1697 1698 1699 1700 1702 1707 1804 2217 2470 2488 2606 0

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[NO R- 31015/3/2000 - 1 >H S Chandrasekhar Under Se<377 MINISTRY OF LABOUR

New Delhi, the 2nd January, 2001 S.G* 146.—In pursuance of Section 17 of

[No. L-12012|29l99-1R(B-Il)J C. GANG^DHARAN, Under Secy.

ANNEXURE

BEFORE SRI R. P. PANDEY, PRESIDING OFFICER, CENTRAL GOVERNMENT INDUS- TRIAL TRIBUNAL-CUM-LABOUR COURT, SARVODAYA NAGAR, KANPUR Industrial Dispute No. 128 of 1999 In the matter of dispute between—

Punjab National Bank Employees' Union The President PNBEU, 13-A Keshavkurtj Pratap Nagar, Agra.

AND

The Zonal Manager, Punjab National Bank Zonal Office, Agra.

AWARD

1. Central Government, Ministry of Labour, vide its notification No. L-T2012[29|99-IR(B-II) dated I 2 - 6 -Q8. has referred the following dispute for adjudication to this Tribunal :

Whether the action of the management of Regional Manager, Puniab National Bank, \ g ra in not promoting the work- man Sh. Satish Kumar from 1992 is m oi/2oni— IA

legal and justified ? If not, what relief the workman is entitled ?

2. In the instant case after receipt of the regis- tered notices sent by this tribunal at the address of the union raising the present dispute, claim state- ment on behalf of the workman was filed by the Union. The present case was also represented by the authorised representative for the union on several dates but before the reply of the manage- ment could be filed the authorised representative for the union raising the present dispute made statement before the tribunal that he does not want to press the present dispute, and made an endorsement to the same effect on the settlement of claim.

3. In view of his above statement I have no option but to hold that the concerned workman is not entitled for any relief as the present claim is not being pressed by the Union.

4. Reference is answered accordingly, against Ihe workman.

R. P. PANDEY, Presiding Officer New Delhi, the 2nd January, 2001 S.O. 147,—In pursuance of Section \1 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government Industrial Tribunal I Labour Court, Lucknow as shown in the annexure in the Industrial Dispute between the employers in relation to the management of Bank of India and their workman, which was received by the Central Government on 22nd December, 2000.

fNo. L-12012|159|99-IR(B-II)J C. GANGADHARAN, Under Secy.

378 THL OAZFTTE OF INDIA : JANUARY 27, 2001/MAGHA 7, 1922 [PART II—SEC. 3(ii)J ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW

3. 1-ullowing charges weir formed against the workman by Deputy Zonal Manager by order dated 7-7-J997, alleging that the such conduct of the workman was in breach of clause 19.5 (j) of Bipartite settlement.

Presiding Officer : Rudresh Kumar

ADJUDICATION

BETWEEN :

Suresh Kumar Kashyap S'o Late Madan Lai Khadra (Near Ramlila Ground) Hasanganj, Lucknow

AND

Asstt. General Manager Bank of India 1. Shahnazaf Road, Uv-'LT&tgan], Lucknow

AWARD

By reference No. L-12012ll59]99-IR(B-I) dated 29-9-199V, the Central Government in the Ministry of Labour, in exercise of powers conferred by claiuse (d) of Sub-section (1) of Section 10 I.D. Act, 1947 made over this industrial d'spute bet- ween S. K. Kashyap S|o Late Madan Lai and Asstt. Genera] Manager, Bank of India, 1, Shah- nazaf Road, Lucknow for adjudication. The refe- rence is re-produced as under :

"Whether the action of the Management of Bank of India in dismissing the services of Shri S K, Kashyap sub-staff was legal and justified ? If not what relief, the workman is entitled to ?"

1. Two Demand Draft leaves numbering 9638 and 9926, stolen from Sarojini Nagar branch of the Bank of India were forged and encashed at Raj- pura Township branch on 10-4-199J and Bareilly branch on 26-9-1991, causing loss to the bank for Rs. 1,00,000 and Rs. 7,00,000 respectively. The management was not aware of these forgeries and encashments. Later, efforts were miide and the bank succeeded in recovery of Rs. 7.35,000 leaving the bank to suffer loss of Rs. 65,000 only.

2. Management initiated enciuiry in this episode by its Specialist Investigating Officer B. P. Tcwari under supervision of T K. Chandhary, Chief Manager and head of the vigilance branch. During this emuiry, needle of susp'cion pointed towards S. K Kashyap, a siib-staffjclass IV cmoioyee, posted at Sarojini Nagar branch of the Bank. S.K. Kashyap was vigorously questioned bv the bank authorises and the management found him in- volved "''tli H. K. CJautam and one outsider N K. Sinjh HP wn<- proceeded depirtmentallv and lat'jr dismissed from service.

4. Factual details, emerging from pleadings of ihe parties ami documents relied by them, reveal that one Hari Kant Gdulum, a former Cashier-cum-Clerk of tlje Sarojini Nafiar branch, posted at Ktimhrawan branch at the relevant tune, n;id been m jail for a considerable period. Dm in^ detention, lie developed c)os,c contact with one N. K. Sinjli al'.T. Arv'ud. Kum;ir Sixpno alias Arvind Kumar Nigam and alias S. N. Mchjotra, Both of them entered into conspiracy alonjrwith the workman S, K. (C.ishyap, a sub staff, attached vith cash office in Sarojini Nagar branch. In prosecution of the379 common object, live blank Demand Diaft leaves weie ic- imJvcd by them. S. K.. Kashyap was actively involved in making available keys o£ the drawer in which unused Demand Di

5, harlier, during thcii posting at Saiojini Nagjr blanch. II. K. Guutam and S. K. Kashyap had developed intimacy. Both were liquoi addicts. The workman was also used to be financially assisted by H. K. Gautam. In the lirst v eek of Moich 1991 U-3-19yiJ aiound 9,00 A.M., H. K. Gaulam accompanied with N. K, Singh arrived in the bjuk premise^, S. K Kashyap was present from befoie. He look out the keys from the tabjc drawer of Kamlesh Dewa-.i und opened the leek of the other drawer in which unused Demand Drait Books wcie kept, and assisted H. K. Gautam in inking away unused leaves beaiing SI. No. 0009638 from the currant Demand Dr.ift Book, and thiet: moie leaves bearing Nos, 907500 (MICR NDj 903932 (DDN Bombay and 992ft. Lalei. only two stolen leaves could be foiged and used in cheating the tank, as mentioned earlici.

6. During the investigation by the Speei'iIUt Investigation OI^LCI. B. P. Tcwaii, it was noticed that one of the rcisons mwHed must have been a left hander. Oa this remise, net-die of suspicion pointed towards S. K. Kaihv.ip who alone was a left hander in the Sarojini Nagir brunch nt that time. S. K. Kashyap was interrogated by B. P. T^wari, Specialist Investigating Officer, in presence of T. K. Chaudhary, Chief Manager and Vigilance Officer. Initially. he denied his involvement and got angry but later, when informed about available evidence and circumstances against him, he softened and volunteered to make confe.sion. T. K. Choudhary, Chief Manager-cum-Vigilance Officer, cautioned him to make sejf inculpatory statement only aftt r more thought and not to confess in haste, as the same could be used against him and advised him to come after 3-4 days. The workman S. K. Kashyap left the office. Howwer, he ai rived after few davs and volunteered to make true con- fesMdn. being mindful that this course could save him fiovn police action.

7 He himself wrote his confessional statement in replies to questions provided by B. P. Tewaii, and admitted his complicity in removal of three leaves and acceptance of Rs. 5000 as consideration. All details as to manner of theft and his lole wcic given by him.

be discussed at appiopriate stage. Management a'so examined MW-1, f. K. Chaudhry, MW-2 k.imlcsh Dewan, MW-3 H. iithman, MW-4 Raj Bahadur and MW-5 R. N. Gupta. All these five witnesses were cioss examined by Mr. A. C. Gupta A/R ot the woikraau. S. K. Kashyap also appealed .is a witness to make the records stiaighl and to e\plain aihcise circumstances. Initially, the detence desiied to examine foimer Specialist Investigating Officei B. P. Tewari but later dropped him as defence witness,

11. Befoie adverting to discuss and evaluate quality of evidence, it seems appropriate to mention that in Ciiquiiy like this, the standard of proof is not so stiingent bh in i riminal offences. If totality of facts and circumstances bring out a cast of reasonably proved doubt against the woikman. he tan be safely held guilty of misconduct.

12. The edifice of the management story is founded on concession of S. K. Kashyap. If management's oial evidence coupled with attending circumstances, prove due and volun- Uiy disclosuic, the management may succeed. Thus, sell! lnuilpaloiy statement of the workman needs critical sciuliny, In tile instant case, the management derived knowledge of fcipcry, months later, after the chcatings malenalised. The self inculpatory statement disclosed involvement of H. K., Gaulam, N K. Singh beside the woikman. N. K.. Singh was an outsider and could not bf proceeded dcpartmepJnly. like- wise, H. K. Gai'fam ceased to be in service and domestic euqui-y diopped. S. K. Kashyap alone could be punished. It has come in evidence that Kamlesh Dcwan was also issued charge-sheet for his negligence in this case but discussion of chaigcs i

13. Two charges fd) and (el are not directly lelaled 1o the workman, but consequences of his complicity in removal of blank leaves. Fuctum of cheating¹) resulting in lc>s to the bank aie not denied. However, charges (a) to (c) telatcd to incident having taken place on 2-3-1991, in which the uoihnan had allegedly played major role. Tf the complicity of the workman is proved, inescaple conclusion would be against him.

14. As the management stoiy goes, one of the removed leaves pointed involvement of a left hander. Undeniably, S. K. Kashyap was the only left hander at the branch, nt the relevant time. MW-1 T. K. Chaiidhary. cateTO'ically lias staled as how suspicion arose against the workrtrin, a left handiT, a liquor addict and his having close intimacy with H K Gaulam. There is no suijgeslion bv defence that iemov,il of the said leaf could be by a ri"bt hander also. This circumstances indicate involvement of the workman, in absence of any contrary version,

380 THE GAZETTE OF iNDJA : JANUARY 11, lOOt/MAGHA 7, L92Z [FART ii- -SJBC. 3(ii)J

lias bt'cn held enilnsi that the incident might have taken Mime timo eiiihiT and not at '^.30 A.M. ll may also be that tke.-; employees could not have taken notice of tlimgs riomu on other table, as H. K. Oautftm and 3. K. K.."nyap wyic familial faces.

23. IL is ulso subnnWcd that the management slatted do- mestic enquuy alter 6-1/2 ywts. IhiS' dolay is explained i>y MIV'-J ll. Kehman who has stated thai L±J1 rinally decided not to undertake investigation much belatedly. Thus, d-l^y m in* £i\ftn circuits¹!ances was not unjustilieu, His statement nu> he bchcVcd in the tads and circum-iaikes ot the c.ise. In any event, this dciny did not occasion in picjiiuic • Lo 'he waiMilitu's case.

17. In a bund case like this, sjispition is aeneially taken as ."tnrnnj; poini. 1 tic iiLeule oi suspicion pointed towards lue wu:kinan IOI loasun., oi Ins eWsc numiHcy wuh l-i. K. (jarihiu, His being uquoi addict, and ins being a let: hundei, beside a.ways being in findiiciat consliaints. It can not be micd Hit mat some assuiance to save him on making true cnsciosuie could have corn*, tiom the imestigauuii atuuoiities, bui uich HssuniotCd wcic to elicit out the truth and not to iaisjly iinjjiicuie anyone, liuc disclosuies involving uic WOIK- iuiii, Lfnit in tile concision. 1 iieIc is no evidence ihat tnc 1'i.uuiycuiiJiH naj ituudt uoids on the woikman oi it had any lnc'nVi to tmpin.ua run, Had it been so, the jnvc.'.i- ganng Hiunoiiiies couid not have i ecomniended liuiient upp.ujcn ior hmi. I ne lccommendatiun was 10 post in non- seusiuve area mid not to su-pend turn. I his lavoui, despite- his known involvement did not amoniU to showing undue ii\our bdi a consideration tor true disclosuic which was not liiCtUiimruC. bvui in uiminal cuse^, au approve is given piraou tor tiuc disclosure, and is saved tiom possible piosi:- CUUOII, jhcre is no material on lecorcl, lo show that dis- Uusurcs weie untiue or tuise. Wrial is submitted is trial Iho disai_>sutcs weie not vomuta/y and not that the tacts discioscJ w":ic uniiue and concocoted.

24. Mitch has been argued that Nil. lJudmanab • ^ cf Kunitolnvah Blanch with H. K. Guutum rrhdc venflc;ui

M>\

2. In the instant case after exchange of pleadings between the parties when the case was taken up for hearing on 23-11-2000, the authorised repre- sentative for the union representing the concerned. worVmj'n made an endorsement on the order sheet to the effect that he does not want to press the present case. In view of it this tribunal is left with no other option but to hold that the woikman h not entitled to any relief as the claim is put being pressed,

3. In view of above discussions, it is held that the concerned workman is not entitled for any relief.

New Delhi, the 2nd January, 2001

4. Reference is answered accordingly.

R. P. PANDEY, Presiding Officer S.O. 148.—In pursuance ot Section 17 oi the industrial Disputes Act, 1947 (14 or 1047), the Cental Government hereby publishes the award of the Central Government Industrial Tribunal) Labour Court, Kanpur as shown in the annexure in the Induustrial Dispute between the employers in relation to the management of Punjab National Bank and their workmen, which was received by the Central Government on 22 December, 2000.

[No. L-12O12|167["5-IR(B-H)|

C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE SRI R. P. PANDEY, PRESIDING OFFICER, CENTRAL GOVERNMENT INDUS- TRIAL TRIBUNAL-CUM-LABOUR COURT, SARVODAYA NAGAR, KANPUR

New Delhi, the 2nd January, 2001 Industrial Dispute No. 104 of 1996

In the matter of dispute between —

General Secretary, U, P. Bank Employees Congress, 2)363 Namneir, Agra.

AND

S.O. 149.--In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Cental Government hereby publishes the award of the Central Government Industrial Tribunal) Labour Court, New Delhi as shown in the annexure in the Induustrial Dispute between the employers in relation to the management of Punjab National Bank and their workmen, which was received by the Central Government on 22 December, 2000.

[No. L-12012|228l?8-lR(B-II)l Regional Manager, Punjab National Bank Regional Office, Sanjai Place, Agra.

C. GANGADHARAN, Under Se-jy.

AWARD

1. Central Government, Ministry of Labour, vide its notification No. L-12012|167]95-l.R.(B-2) dated 16-10-96 has referred the following dispute for adjudication to this Tiibunai —

Whether the action of the Punjab National Bank, Agra to debar Sri R.N. Chatur- vedi, Head Cashier from officiating al- lowance & permanent posting of S. A. in October, 1991 and again m October, 1992 is legal and justified ? It not, to 1992 is l'CE^al and jimilir,! > T[ not t,i what reliel lie is entitled t^ ?

38"! THE GAZETTE OF INDIA : JANUARY 27, 2001/MAGHA 7, 1922 [PARI II—SEC. 3(ii)j

New Delhi, the 2nd January, 2001

SO. 150.—Tn pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government Industrial Tribunal Labour Court, Kanpur as shown in the annexure in the lnduustrial Dispute between the employers in relation to the management of Punjab National B^nk and their workmen, which was received by the Central Government on 22 December, 2000.

INo. L-12012|258l97-]R(B-II)]

C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE SRI R. P. PANDEY, PRESIDING OFFICER, CENTRAL GOVERNMENT INDUS- TRIAL TRIBUNAL-CUM-LABQUR COURT, SARVODAYA NAGAR, KANPUR

Industrial Dispute No. 78 of 1999

In the matter of dispute between ~

Punjab National Bank Employees Union, "\Vhelhcr the action of the mauagrm 'nt of the Genei.il Manager, Punjab National Bank, New Delhi in stopping fiom du!\ w.e.f, 2^-12-97 to Shri Dhlr Singh Chadha, S/o Shu Aiiuy Ram engaged for the up keep and maintenance of stationery and old records in different blanches of the bank. In Delhi, i^ justified and legal ? If not, what relief of the workman is entitled to 7"

The President, Punjab National Bank Employees' Union, 13-A Keshav Kunj, Pratap Nagar, Agra.

AND

Regional Manager, Punjab National Bank Regional Office, EK Road, Meerut.

AWARD

1. Central Government, Ministry of Labour, New Delhi, vide its notification No. L-12012|258| 97-IR(B-II) dated 17-7-98¹ has referred the following dispute for adjudication to this Tribunal :

Whether the action of the management of! Punjab National Bank in imposing the punishment of stoppage of one incre- ment with cumulative effect on Sri Baloo Singh Peon-cum-Wartchman is legal and justified ? If not to what relief the said workman is entitled and from what date ?

2. In the present case after receipt of the refe- rence several notices under registered cover were sent to the union raising the dispute foi tiling of statement of claim. The representative lor the union also put his appearance on several dates in[ the proceedings of the case and sought time for one pretext or the other for filing of the statement of claim and ultimately when the case was taken up* on 22-11-2000, the authorised representative made an endorsement on the order sheet tu the effect that the present claim is not being pressed.,383 AWARD

1. central Government, Ministry ol Laboui, vide its r ithieatioi No L-12012/2S8/97-JJUB II) dated 20-1-J8, has rcfcired ihe following dispute loi adjudic ition to tins Tl lOUfldl-

3. In view ol endorsement made by the autho- rised representative on the ordersheet dated 22-11-2000 1 have no option but to hold that the union is not inteiested in prosecuting the present case and consequently the workman is not entitled lor any reliet in pursuance ot the pie^citf reieicnee made to this tribunal.

"'Whtthei the action ol! the nwmsement of Lenhnl Bank of India, Gwalior Road, Jhansi in teimmating the JCIVICCS of Sri Ram Babu SOTI of Sn B.ibu Lai w e f 24-9-96 is legal and justified ? If no! to what

5. Reference is answered accordingly.

R. P PANDEY, Presiding Officer

2. The woiktnan has filed statement of claim with the allegation:, that he was appointed in January I'i96 in the Cmfial Bt*nk of India at its I xtension Counti' Branch, Gandhi Mali v dyalaya at Oral as Water Boy to fetch water und to supply the same to the staff of the bank in Jug and Glasses and also to bring hot and cold drinks a id snacks foi them wi the working hours of the bank He was pnid his waees thiough vouchers by the bank The bank issued him a certificate that he worked as water boy fiom Idininty 19% to August 1996 The bank all of sudden terminated his -.ei vices on 24-9-96 without assigning any reasons und without GIUMR him any order of termination The bank did not fay him wages from 1-9-96 to 24-9-96 It has been alleged that he hod woiked for more than 240 days but no notice or K"f]eiivhrrcnt compensation were paid to him Thus his tcimuidlicn from service is illegal being passed in violLticn of the mandatory provisions of the Industrial Deputes Act, 19 47 On the basis of the aforesaid allegations the workman *vs flayed that his teiminatlon fiom seivice nny be declared illegal and he may be reinstated in service with back wnges

3 The management of Central Bank of India has contested the case on the giouiid that relationship of mrfstei and MivH'jt never existed between the bank and Ram Babu htnee tlio claimant is not entitled to get any relief of leinstafement in tl c strviccs of the bank and to get wages fiom the bank, New Delhi, the 2nd January, 2001

SO 151—In pursuance of Section 17 of the Industrial Hi pate Act, 1947 (14 of 1947), the Ccntial Government htioby publishes the awaid of the Central Go\ernmenl Industrial Tnbunal/Labour Couit, Kaopur as show.i in Ihe Arincxure in the Industrial Dispute between the employee In itlatlon to the management of Cenlial Bank of India and then workman which was received by the Cental 1 Govern mi.nt on 22-J2-2000

[No L - 1 2 O 1 2 / 2 8 8 / 9 7 - I R ( B 1 I J1

C GANGADHARAN, Undu Seey

ANNFXURX

4 It has been alleged by the 3ank that the Bunk has no post of watei boy and in certain branches of the bank there is tearcity of watci, hence the water i'j puiuhased fiom pci- sonj fiom lime to time and the < harges ol water ai" p I'd to them Fetching of water from outside and to fill in buck- ets pio\ided in the bank is not u full time iob and nor- mally the afoiesiid job is for an houi Sn Ram Babu the pcison concerned was also engaged for fetching water from outs de In the extension cnuntei Gindhi Mahnviilyalaya, Oiai, nnd WHS paid chaiges for bringing water foi the employees of tliL bank The sanctioned posts in a batik wete filled after following the prescribed procedure and after taking the test and interview of the candidates who weie called for selec- tion Ram Babu was never appointed on a TV sanctioned post, and was ever selected through the pres' 1 ibed proce- duie for any post under the bank It has been alleged that the certificate filed by Sn Ram Babu is forfred one and he never worked as an employee of the bank on any post \vhalsoe\er It has been alleged that the claim of Sn Ram Halm is misconceived and the reference is liable to be decided against him and wi favour of the bank

W In lejomder. the woiKmnn has repented the f els

allied with statement of claim.

BbFOKE SRI R P PANDFY PRESIDING O F H O R, CINTRAL GOVhRNMbNT INDUSTRIAL TRIBHNA1 CUM I ABOlJR COURT SARVODAYA NAGAR KANPUR

Industrial Dispute No 17 of 1998

Ii the matter of dispute

1 The woiltman examined himself as WW 1 and filed 21 documents mniked Txt W-l to W-21 m suppoit of his case The management examined Sn Piabhakir Dwivedi. the then bianch manager Centinl Bink of India Main Branch Oral, as M W1 and filed 24 docum-nK mniked is bxt M 1 to M-24 in suppoit of its cise BETWKFN

6 T have heard the authoi ised representative for both the

pirtie, ni>d have pene through the lecord of Ihe ense Sn Ram Babu, S'o Sri Babu In!, TIou e No 1428, New Rajcndra Nagar, Near Baldhar School Urai, Dislnct Jalfuin

AND

The Regional Manager, r e n t nl Bank of India, V2/18-B Jhansi Road. fhansi

7 The lepicsentative foi the woikmm his urgutd th it Ri m T-Ubu "V.T apnointfd on a post of wa^f r bo^ at Exten- sion Counter of Gandhi Mahavidyalaya Oral of Central Bunk of Mdiii und worked for more than 240 dnvi hcrce he is entitled to get rnotet'ion of the niovisions of 'Clion 25T of ID Act and his termination from scr/icc fiom 24-9 96 was illegal because it was made in violation of the provisions of Industrial Disputes Act Aftei gome through the iccoid of the cose and evidence on the record I do nol find any force in Ibis contention The concerned woiVinun 3CJ I l l li C A ; : L I 1E O1" JNDIA: JATIUNRY 11, :f")l MAG1IA /, 1111 [PAFJ: I I _ 3 E C. 3(ii)] has nut filed any documents to show that he was QXCI ap- pointed against the post 01 water boy. He has not pi educed cioss examined him ai length but lie has not put any question lo this wilne^ ic- jjLiiiimg the fact that a post of water boy did no exist in the C ennui Bank of India in the. year 1993 to 1997. Thus the tciiimcny of .Prabhakai Dwivedi, M.W.I ROCS uncontio- veitcj on this point, r am theieii;io inclined to Lcl.cve that the post of water boy did not exist in Central B.rnk of India Bianch Orai or its extension countei, The workman has also not filed any document to show that no was cvei appointed by the competent authority against ,i post of Wutui boy, I am, theiefore, inclined to believe the cisce of the management that the post of waterboy did not e\ist in t!.o Extension Counter of Gandhi Mahavidyaitiv.i Oiai of Central Bank of India. I, am finther inclined to believe tlijt the testimony of Prabhakar Dwivedi MA\ I tluil Rain Babu was never appointed against any post of exlc'sion counter ;! Gandhi Mahavidyalaya, Orai. When Sri Ram Babu was not appointed ag.tinst any post in Central Bavik of India OLui by Competent authority and no appointment Jotter v. as issued in his favour and there is no evidence Hint h; was ever selected for such post. I am inclined lo believe the c.isc of the ibank that the relationship of servant, mid matter did not ctist between Ram Babu and the management of Central Bank of India. Tn a similar case of Manager S'otc Bank of Indorc, Kanpur versus Presiding Officer (Oentinl) Kanpur and other 1990 Vol. 60 FLR 672 (lie Hon'ble High Court of Alhihabad has held as under:—

' In the absence of any ippointimrnt Jidei there ci.n- not be any termination nor it can br alleged thai tcimination is bad, para 495 of the Sl.astri Award clearly indicates the -terms- in which the fppoinl- ment is to be made that is by a written order and when appointment has not been made according to law a right cannot be claimed. Wlice a peison has no right to .a post or to a particular status but if the Authority acts beyond its compileiue givin" that pefson a status which it was not cntilled in Civc h" will not in law be deemed to have b'Xti \alidlv appointed to the post or given tin parlici'!nr status."

The law Jaid down in the case cited above fully applies to I he facts of the present case. In view of the law laid cionn in the case cited above and considering facts of the ;n'e I h.-'d thai Sii Ram Babu could not Vet the slilus of an rmp- loyee of Central Bank of India and was not entitled lo get anv idid; in Ihis case against the management of Ihc dank cither by \vt.y of reinstatement in the service or back washes.

W. The concerned workman has admitted that ho was giver- wnpei bv way of vouchers. Management of bank has filed nhoto copies of these vouchers which are Ext. M-1 to M-16 The.se vouchers eo to chow trnt Ram Bnbu ivas paid cost of water at the rate of Rs. 15 per day whenever he fetched wafer to (he ba-ik. Thesf documents (support the case of the management that Ram Babu was casually engnrrd to fetch watPr and was oaid cos) of the water whenever lip brought water for the staff of the bank The voucher dpted 11-7-Ofi F\- M-17 wes to show that one Ram Nath fetched water to the bank for MY days before 13-7-96 nnd he was paid cost of witer .Tmnuntiri^ to Rs 90 Similnrlv (he voiichcr dated 3O-7-91 Kxt. M-1R ROCS to show that one Satnam fetched water for (he emplov-s of the bnnl: for six dn^a heforj; 30-7-(>/i id b<- received cost of thr- .vnt^r jirn'in;i(ini: ti Rs. 90. Similarlv the voucher dt. 27-7-96 and 3-8-96 P \. M-19. 20 mi to sbow that that cost of the walcr vva, paid to Prrm Bnbu and Ram Shaikei respectively for b.-i'ifting w,itT to the bank. Thc.,e vouchen gn to support the contention of the mmafiement t'uat whcncvei H caninl worfcei brought water tn the banV he vv.is pfl'd coit of the wat-r. Voncht-is F\t. M-17 to M 20 falsify the case of the woikmaii ih.-it lie cpntinu'J'isly worked finm Tanuary, 199fi to Aup^ut 199fi in the bank as water boy and fetched water and supplied waici tor the stall ot the bank. Thus me aforesaid vouchers instead Ot suppoiting the case of the woikman go to suppoit the case of the management that Ram Babu w

9. The representative lor the workman has drawn my attention towards a certificate dated 15-8-96 Ext. M-23 which appeals to be a ceitniealt issued by the Incbarge of Extension Counter ot Gandhi Mahavidyalaya Orai. According to the management it is a forged certificate. The fict that this certificate was issued on 15 August 1996 makes its existence doubtful because generally on J5tti August which is celebera- tccl as Independence Day the offices of the bank do not open. Secondly the thtn Inchargc of Extension Counter Gandhi Mahavidyalava Orai aent a letter to the Branch Manager Sri Dwtvcdi M.W. 1 (Kxt. M-22) mentioning that he did not issue any certificate to Sri Ram Babu nor he ever took bant work liom him. He also sent a letter dated 11-12-96 to the then branch manager Sri Dwivedi informing ihat Sri Rnm Babu casually fetched water in his extension counter between 19-1-96 to 10-8-96 and water was purchased from other casual labourers also from time to time. These documents appear icliahle as they find stippoit f'om the copies of the vouchers Fxt. M-1 to M-20' filed by the management. The Ceitificate dated 26-10-98 lJxt. M-24 also goes to show that Ram Bt'bu was paid cost for bringing water to the ba-ik at the rale of Rs. 15 whenever ho did so. In these circumstances 1 am inclined to believe the case of the management that Rum Babu was not thr employee of the bank nnd tie worked HV casual labour for bringing water to the bank and he was paid cost of the water at the rate of Rs. 15 nor day nnd he could not pet status of an employee of the bank as he did not get any appointment aqainst any post und^r the bank.

10. In view of findings recorded above, I do not find any mei it in (he case of Ram Babu the conceraeJ woikman f.vcn his disengagement for bringing water to the bank w.e.f, 24-9-% cannot be treated as retrenchment and in the case the hai.k was not required to make compliance of the pro- visions of Section 25F. 25G and 25H of the Industrial DKpules Act, 1947. I, therefore, hold that the Innk has not violated any provision* of Industrial Disputes Act, 1947, in this case.

11. fn view of above consideration, I hold that the con- if-rncd workman is not entitled to get anv relief in pursuance of tin- irlerence made to this Tribunal.

12. The lefercMce is answered accordingly against the woiinwn,

R. P. PANDEY, -Presidin >> Officer New Delhi, the 2nd January, 2001

SO 152.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 04 uf 1947), the Central Government hereby publishes the "ward of the Central Government Industrial Trihnnal/T.abour Court, Lucknow as shown in the nnrexL'-e in the Industrial Dispute between the employers in leLifion to the manflfi"ment of Central Bank of India and thriY woil-man, which wns received by (he Central Govern- m*-.l on 22-12-2000.

[No. L-12m3/Zim JR'B MM

r. GANGADHARAN, Under Secy.

385

ANNEXURE

8E.F0RE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCK.NOW

Piesiding Officer: Rudresh Kumar

t,ive their iirevocuble option within two months fiovn the tUite of completion of 6(six) years as Stenographer. In effect, tliosu opting to the post of 'Steno Officers' relinquish their claim in state service cadre for promotion in junior mana- gement. Para 4 of the circular is relevant for the purposes o}' the present adjudication, reads as under:

ADJUDICATION

BETWEEN

The President, Central Bank tmpioyees¹ Union, 5/700, Vlram Khand, Gomti NHgar, I ucknow.

AND

"The Management has taken a decision to provide Steno-Officers to all Asstt. General Managers at Central Office and other Offices. Accordingly, tho vacancies of Steno-Officers at any Zonal Office may be filled up after taking the option of existing Stenographers with 6(six) years service in tho concerned selection area and conducting the speed test to the eligible candidates. The details of tho vacancies of 'Steno-Officers' in the Zone and the promotion effected may be forwarded to Recruit- ment and Promotion Division for their informa- tion and record."

The Dy. General Manager, Central Bank of India, Vidhan Sabha Mara, Lucknow (U.P.J-226010.

AWARD

By reference No. L-120U/22/98-IRUB-II) dut-d 14 12-1998, the Central Government in the Ministry of labour, in exer- cise of powers conferred by clause (d) of sub-section (1) of Section 10 I.D. Act, 1947 made over this industrial dispute, between the Piesidenl, Central Bank Employees Unimi, LiKknow, espousing cause of Phateh Singh and the Dy. General Manager, Central Bank o[ India, T.ucknow for adjudication.

The reference is ic-pioduccd as under;

t ) nl iTirlii-^^rt Ol Tn"'*: riqi-rt* ij) i-pnn''3t*" rf^-ii^i Itrxr litri wft^ T n:n.i'i-"ri"+To it T nnVnnu' PTP^I TVTM'I'IT*H nn 1^-) 0^ T-?is P7 flT'2001—n ;>S6 THE C A 7 Ernr Of fNDTA JANUARY 21 2

8. I.J4 of the Promotion Policy Rules, required calling (if eligible Mcnographers from adjoining selection aireas, in the selection piocess to the post ot 'Steno-Oflica \ it in the view of the management, the seltclian wa,s to be confined to Lucknow selec- tion area alone and paitieulaily when there was no eligible; Stenographer with valid option, or there was only one This rule was conveniently ignored to de-lent claim of the workman. This pro- cedure was followed in past. To defeat hL claim, hih transfer to Lucknow region was dented earlier, but subsequent to filling up the past, he was trans- ferred. For ready reference Rule 1.14 is reproduced as under :

"If sufficient number of candidates arc not available in a particular selection area for promotinp und"r Stale Sen ice Cadre as jind when found- necessary by the Bank", the vacancies shall be filled in by promotion from the ad oining selection area|s in the same State or States in the Zone and if still candidates are not ava'h'ble- then from the adjoiiv'ng selec- tion areas i,i the adjoinine zone. Such promotions shall be treated r;s under State '.ervice. Even then if sufficient number ot candidates are not available then the balance of vacancies shall be filled up by promot'ons under ATS over and above the requisite quota in terms of Clause 1 12 above."

induMrial Dispute Act, 1947 and thi, Tilbuna!, Mho, has no jurisdiction to adjudicate, on the re- ICHITCC \*hich is patently incompetent Another poini. IKIS been urged that the workman It. noli cntubd to automatic promotion to the post of 'Steno-Oflicer' as selection JTTCMJCSS ot the post re- ou"red certain qualification, test etc. In this context, it is submitted that this Tribuncd cannot arrogate iisclt ;n place ot selection committee and aisume adrtiinlsfrative role oi appointing r.uthoiity to the pest of Stcno Oflicer, even if entitlement of the. 'i oik man is held.

11. Main issue, to be attended in this adjudica- tion, is :

Whether the vacancy of 'Steno Officers' at Zonal leVel posts, "has to be confined amongst the Stenographers of the re- gional selection area where the Zonal Office h situate excluding other selection areas comprised in the same Zone.

12. Two preliminary issues, that Mr. Phateh Singh is a workman and the reference is valid, en- titling adjudication by this Tribunal need to be. addressed first. There is no material on record to iusi;fy inference that the Stenographers in the Cen- tral h:mk of India working at Regional Offices, discharge supervisory or managerial functions. In absence of any such material on record the conten- tion of the management i- devoid of any substance The workman, a Stenographer is, thus, a 'workman' within the meaning of Section 2(s) of the Indus- frH Dispute Act 1947.

threshold, il must be noted that only vacancy ol 'Sleno-Ollieer' became available at the Zonal Office :vt Lucknow aiuimd 9-3-93. In Luck now Zone, iu- ckxitd selection aieas ot Lucknown, Kanpi.ii', Bateil- Iy, Uorakhpur and Deona. Management case is tl\it the Zoivi'l Qlficc was at Lucknow and so the eligibility was to be seen irom the Lucknuw selec- tion area alone eicluding the other selection a m is provided in par.? 4 of the circular dated 12-3-90. 1 his submission h misconceived.

Part i ll ot the Promotion Policy Rules, as atiK-iUed trom lime to time, does not prohibit giving o. op.ions by the eligible Stenographer, working in other selection areas ot the same Zone. Para 5 of the substituted agreement dated 16-2-90, does not mention 'selection 2* ea\ Also, it does not put constraint on the eligible Stenographers working in other ^election areas and confines consideration ir^m the selection area where the Zon:t|l Office rituate. Further. Rule 3.7 of the Promotion Policy Rules (hereinafter to be retcrred as P.P. Rules) read as follow :

3.2. All rules governing probation, reversion etc. arc applicable to state service pro- motion policy shall apply to 'Steno- Officer\

l^. Above Rule does not mention "selection", implying inapplicability of stale service rules in the matter of selection. From persual of circular dated .12-3-90 it is explicit that a separate cadre of 'Steno- Officer' was carved-out, apart from state service cad.e. Because oi it, publication of a separate <-cnioiily list was obligatory. The use of word "irre- vocable option', further .strengthens above reason- ing. Once irrevocable option is given, the optee stands disqualified to be considered in State Service cadre, thereafter. There is no such provision per- raitting an optee to remain included in common cadre, if he is not considered ii' a 7 mil selection. Also, 011 comparison paia 4 ot the circular does Hot appear to be in conformity w in cubstituted Parr TU of the Rule^. Para 4 is. also, not drawn in Jight ot the agreement dated 16-2-90. Para 4 open^ with word "The Management has taken a decision" It implies that para 4 of the cir- cular dated 12-3-90 is alien to Part Jll or the Memorandum i_f agreement dated 16-2-90, and the same is bused on unilateral decision o[ the management. The concept of 'concerned selection area' in para 4 of the circular thus, is not pnirl oT III of the Promotion Policy Rules. The inevitable inference seems to be that the selection area to the pr.st nf 'Steno Officer' at Zonal office, is all selec- tion airea^ falling in the said Zone. In the event. Ibis interpretation is not accepted, the senior and move efficient S^enograDhers working in the same Zone but in other selection arras would be depriwd of opportunity of b n u" considered ilo<-piu* tl^ii valid option. In the instant case, the workman,

3.S7 undi.puledly gave his option as per rul^s, His opium was noc 1 ejected. He was not informed that his option was invalid and he continued to in the common cadre. E V O J, separate list was not pic- p ireu irom 1990 to ]V9?. Tlie lust separate list was published on 14-2-96 which included sole name ot Mr. Duioi PJndian. A Steno-Officer at Zonal oitice w ji to be ^elected by the Zonal oilice and not Regional office. The Zonal office, L\en at the time ol the publication oi this separate Ui;t did not inform inehgtbihty of the workman. In this context it is relevant to mention that sepa- rate l'st was invalid as the pei^on shown in the list was in-cligible for coijiideiation, as he had not com- pleted 6 years as Stenographer on the date of option. Thii basic intinnity was uncurable. Eflluxe of tune consumed in making appointment could not cure this legal infirmity. There is no case that Mr. D. Pandian g^'ve another option after having ccj.iplti.ed 6 y^arc set vice as Stenographer.

16. In the piesent cajse, the workman sought clarification, prior to his giving opion and he was >'iven in writing that for a Zonal post. Selection i.Uca was whole /one and not regional selection¹ areas. Management has not came with the fact, thiy, a separate seniority list was ever published in Kanpur selection area, if the option was treated on selection areas basis. The workman did not find place in separate list of-Lucknow selection area and no list was published at Kanpur, j,'nd whole issues were left unresolved desp'te number oi' reprcsen- t itions made by the workman. In the circumstances, the :ietion or the nriiagement to exclude conside- ration ox the Workman to the post of Stereo-Officer was unjust and invalid. The said poit filled by a StciU'pr^pher wVose option was void-ab initio, the vacancy, thus, muit be t; cited existing and not tilled, up.

17. Alternatively, let it be considered, whether the action of the manap=nier.t wajs legitimate, even iJ tic^tid pertaining 1o Lucknow selectica area. Parui 1.14 of PLoniotirni Polic\ Rules envi- sage such contingency :md reqimes con-.ideraiion of those eligible in adjoining selection areas, Mr. D. Pandian was not eligible. There is no evidence to show that requisite number of Stenographers with valid options, were nvailal \- at I uckuow selection ai'ca, In this event il was obligatory for the mana- gement to invite names from the adjoining selection areas. On th:s count also the action of the manage- ment wa-> net iuMined anJ infeieiuc is inevitable th.iL nciiinul and legal prcccdurCM weie ignored to defeat claim of the workman.

\^,. Thus, on the strength of the discussions made above, il ci\n be safely concluded that the nrnatzement rf t tr flentnO ^pnl; of India d;d r ot act Icgal'v and iu-ti'inbly in not considering Phateh .r. JT;!I 'J Ihc post of Stcito Officer. Tlie nn.'iirrrfc- merit did not follow ihe teinis of Promotion Policy 388 THE GAZETTE OF INDIA : JANUARY 27, 2001/MAGHA 7, 1922 [PART II—SEC. 3(ii)] Rulqs, regulating selection to the post of Steno- Officer. In the circumstances, Phateh Singh, being the only eligible candidate with valid irrevocable option, was entitled to the said post w.e.f. the date, the post of Steno Officer was filled by Mr. D. Pandian ain ineligible person. In effect, the post has to bo treated vacaint, filled by the workman Phateh Singh entitling him to all the service and pecuniary benefits.

19. Award accordingly.

Lucknow 3 8-12-2000

RUDRESH KUMAR, Presiding Officer New Delhi, the 2nd January, 2001

k S.O. 153.—In puisuancu of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government In- dustrial Tribunal|Labour Court, Kanpur as shown in the anrtexnre in the Industrial Dispute between the employers in relation to the management of Punjab National Bank and their workman, which was received by the Central Gov- ernment on 22-12-2000.

[No. L-12013/26/98-lR(B-JI)]

C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE SRI R. P. PANDEY, PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRTBUNAL- CUM-LABOUR COURT SARVODAYA NAGAR, KANPUR

Industrial Dispute No. 3/1999

In the matter ol" dispute between—

Punjab National Bank Employees' Union, The President PNBEU 13-A Koshav Kunj Prutnp Nagar, Agra.

AND

Regional Manager, Pimiab Nnt)r>nal Bank, Regional Office, Teachers Colony, Bulandshahar U.P.

AWARD

1, Central Government, Ministry of Labour, New Delhi vide- its notification No.-l2013|26(lR(I)-ir) dated 30-12-5)8 has icfcrifd the following dispute for adjudication to this "lnbunal:—

"Whether the action of the Punjab National Bank in imposing the punishment of stoppage of four annual increments with cumulative effect upon Sri Satish Chand, Cyclostyle Operator is legal and jus- tified? If not, to what relief the said workman is entitled?"

2. In the present case after receipt of the notice, the autho- rised lepicstntativc, raising the present dispute put his appear- ance in the case on several dates and sought adjournment for filing of the claim statement in the case on one pretext or the other and ultimately on 22-11-2000 he made an en- dorsement on the reference order to the effect that the claim is not being pressed by him. In view of this endorsement, I have no option but to hold that the concerned workman ij not entitled for any relief as the claim is not being present by the union raising the present dispute.

3, Reference is answered accordingly against the workman.

R. P. PANDEY, Presiding Officer Dated : 7-12-2000.

New Delhi, the 3id January, 2001

S.O. 154.—In pursuance of Section 17 of the Industiial Deputes Act, 1947 (14 of 1947), UJC central Government heieby publishes the award of the Cential Government In- dustrial Tribunal No. 1, Dhanbad as shown in the Anuexuie in the Industrial Dispute between the employers in relation to the nianr.goment of M /s. B.C.C. Ltd anii their workman, whiUi was rtccived by the Central Government on 29-12-2000.

[No. L-20012(40J/82-D-III(A)/IR]

S. S. GUPTA, Uudei Secy.

ANNHXURE

BElrORL THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NQ. 1 AT DHANBAD PRESENT :

Shn Sarjoo Piasad, Presiding Officer,

In tha matter of an Indufltiial Disputes under Section 10(l)(d;

of the I.D, Act, 1947.

Reference No. 69 jf 1990

PARTIES :

Employers in relation to the management of Moopidih Project of M/s. Bharat Coking Coal Ltd¹, and their workmen.

APPKARANCFS :

On behalf of the cmpioyeis : Shn ft. loshi, Advucat".

On behalf of the workmen : Shri D. K. Verma, Advocate- STATE: Bihar.

INDUSTRY: Cuu. Dated, Db&nbrnl, the 6ih Deccmhor, '.!0fl0.

3sy AWARD

Tlw Government of India, Ministry ot Labour, in exeiein of the powers confeircct on them under Sectino 1O(1J(UJ of tho LD, Act, 1947 has reieired ihe loilowing dispute to this Tnbunal for adjudication vide their Order No. L-20012(40) / 82- DJII(AJ/IR dated, the 17th April, 1990.

SCHEDULE

'"Whethei the action of the mandgcinmn ut Mouniiiiti Project of M/s. Bharat Coking Coal Ltd. dis-missing the services of Shri B. N. Singh and Bhuni Sin"n w.c.f. 26-9-1980 is justified 7 n not, tu what 'cud the wpikmen are entitled to ?"

pucify them but did not succeed. Amongst the mob he could sec ihe workmen Sarju Singh, Sakhi Ram Chamar and some otheis who caught hold him and pulled nun "nJ wcic ihrcaunel to kill it he (iocs not lell tnem die house ui Mi. 1'rakasn. however, tins wuness has not named inesi iwn concerned workmen to have ta^en pan m the said incident oi as .\' Howevei, from the evidence of MW-3 it is ZWLU that ntle^t the piesence of these two persons in the mob is thcie.

<•>. The concerned workmen have filed the copv of F.I.R. 1. JiiQ, brief facts giving rise to this Indusinal Dispute is that Shri B. N. Singh and tfhuni Smgh vvcie the vvoikuieo ot M/s. .bharat Coking Coal Ltd. woiking at Mnonulih Piojeci. They were served with a chargesheet alleging that they aiong with others havo taken pan in assaulting the senior offi- cials ot the Moonidih Project and havo taken law in their own hands. Ihe concerned workmen submitted leply to ihe chaujt-shects denying their involvement anj had pleaded that the> were not the members of me mob. Howevei, the man- agement did not find then lcplics satisfactory. Iheiefore, a' domestic enquiry was ordered to be conducted by Shri A. K Bancrjec, Personnel Manager of Chanch VictL-ua Arcu oi M/s. BCCL. The domestic enquiry was conducted by Shu A. K. Banerjec who submitted hiw enquiry leport finding the concerned workmen guilty of I'IC chaises and on ttu.t basis both of them were dismissed by ihe management with effect from 26-9-80. The concerned woikmcn raised an In- dustrial Dispute before the ALQC), Dlwnbad which ended in failure and a failure report was s.-:nt to the Ceniial Gov- ernment, in the Ministry of Labour. 4ut the appropriate Government djd not found it propei to refer the dispute lor adjudication because the Government was of Ihe view that the concerned workmen were dismissed from service after holding a domestic enquiry in which they were found guilty. However, the concerned workmen preferred a Writ Petition before the Hon'ble High Court of Judicature at Putna, kanchi Bench in which by Order dated 10-4-89 the appiopriute Gov- ernment was directed to pass fresh order keeping in view the law laid down by the Hon'ble Supreme Court for lefeniiiK the industrial dispute. In pursuance of that the present dis- pute has been referred by Order dated 17-4-90 i.e. almost after 9i years of the dismissal of the concerned workmen.

lodged by Mr. A. K. Gulati in which their names do not find place and they also filed the ordershect ot the G. R. Case from which it appears that the Police have not submitted anv chRrgesheei against them. On the strength ot FIR and chaige- Hicut they have submitted that they were not piesent with the mob nor they have taken part in the incidence. From the maleiials available on record I find that except MW-3 none has come to say that the concerned workmen had laken narL in the occurrence birt at the same time it must be Liken into consideration thM due to such long lapse of time the manage- ment has become handicapped in producing all the witnesses who had seen the occurrence and out ot 18 witnesses (mini; the domestic enquiry they could examine only thre^. Theie- foie, the management must be prejudiced if the concerned workmen are exonerated altogether specially when Atbind Kumar who is at present General Manager, WelErUe nas s.ild that these persons were also in the mob. However, he irmM not say if they had taken part in the assault. J herei'ore, in my opinion, the action of the management cannot be said to be totally unjustified. However, since there is no specific allegation of over act against the two concened workmen nor their names find place in the FIR and¹ the clvrnesheet of Police ; therefore, in my opinion, the capital punishment of dismissal requires to be modified by directing the mannfe- ment to reinstate the concerned workmen but without any back whges which will be sufficient punishment.

3. According to the concerned woikmen the domestic en- quiry was farce. It was held in one day, in one sitting in which the management's witnesses were not examined, ralher they submitted their Written Statement and oj thi: sanic d..y the enquiry report was submitted and ihe concerned workmen were also dismissed on the same day. According to them the management has pre-plan to dismiss them witnout proper and fair enquiry. The management on the other hand had assert- ed that the enquiry was fair and proper and the principles of natural justice were followed. The niaitcr was heard by this Tribunal and by Order dated 16-12-94 it was held thnt the domestic enquiry was neither fiir nor proper. The management was given chance to adduce evidence to justify its action. Accordingly tho management ha, examined iniee witnesses out of 18 witnesses who had submitted their W.S. before the domestic enquiry because the management could not procure the attendance of ether vvitnesses due to long lapse of time all the witnesses weie not available. The con- cerned workmen have also exnmintd thcmtelvps in their defence and they have also filed csrtain document in their defence,

7- In the result, t render the following :—

4. The point for consideration is whethei ihe management has been able to justify its action by adducing fresh evidence 7

AWARD

FINDING

"that the dismissal of the concerned workmen be fct aside and they may be reinstated in service wilhoul any wages for the idle period. However, theii con- tinuity in service shall be maintained ffr the puipose of pratuity etc."

390 THE GAZETTE OF TND1A : JANUARY 27, 2001/MAGHA 7, 1922 [PART I I - S t c/ 3(ii)J New Delhi, (he 3rd January, 2001

SO. iix—In puisu.ini-e of Section 17 of the Intlustiial Dispute Acf, I'M? (14 of 1947), the Central Government hereby publishes the award of the Central Gov-'iTmsnl In- clmiiial Tiibunal No. 1, Dhanbad as shown in (lie Anii'JXuie in the Industrial Dispute between the employers in relation to the nnnagement of M/s. B.C.C Ltd. and their wo.knian. which V'M leccivcd by the f sntr.ii Government on 2<>-i 2-2000.

[No. L-20012/56/Si-D IVi.M]

S. S. GUPTA, Utulei Se<_v.

ANNEXURE

BEFORE THF CENTRAL GOVERNMhNT INDUSTRIAL TRIBUNAL NO. I, DHANBAD

Tii the matter of a icferencc undci Section 10(l)(d)(2A) of the Industiial Disputes Act, 1947

Refciencc No. 56 of 1989

PARTIES :

Employers in relation" to the management of Mohirda Aiea Nn. K of M/s. B.C.C. Ltd.

AND

rJ hen Workmen.

I'RESFNT:

bhn Saiju Prasad, Piesiding Officer

APPkARANCES :

For the Employers : Shii H. Math, Advocate.

Foi the Workmen: Shii D. Mukherjee, Advocate STATfi; Jli;irkhand.

INDUSTRY: Conl.

Dated, the 14th December, 2000

AWARD

By Order No. L-20012/56/88-TJ.IV(A) dated 8-5-89 the Ctnfi'i'l Government in The Ministry of Labour ha?, in exerciv of the powers -conferred by clause (d) of suh-si_jcUon 11) ami sub-sec 1 ion (?.A) of Section. 10 of the Industrial Donates Act. 1947, lefcrrcd. the follow in-; dispute for adjudication to this Ti ilunul ;

against him foi commuting misconduct undei rlv Model Smnd.ng UHI'.T*-—S.O. Nos, 17(l)(a), l7(lj(q) and 17(IJ(i). It was aliened thai Ibe conueincd worKinan, ^anjiv Kum.¹! sahnnj, frep;recl a cash vou'.liei dated H-i-8J iOi mnwinfi an udv.uifc s ilary of RE, 9?5 m hii name by forgcj Msiiatiiic vtt bhn G. C. Dig, J inaoce Ofllc^. .:nU nicseiited ihe fame to Uie Cashier of Muil.dih 20/21 Pits Colliery uikl u-cciv^d lin- amount by putting his signature on the vuueher :is a token oi ietvipL ot the .lbovc amouai. ijiuiilurly lie h. J pit'parcil cash voucher djted 13 12-.:2 id rd.Civin.fi payment u-, rn.Uii.dl adv"ni.c for a sum of R:, 900 in his n.unr -md .ificr dr.ivviuji the p.'iyincnl he took out trie voucher anil dcti-.jyed t)i; Siime. Thus the concerned woikinan by foiling bignaune o£ G. (, Dig nad drawn a. sum oj. Ics. ISSi. I he coiiceiuf I workman WJS asked to explain Iht'iC vhaigcs but he JKI not h''bmit any cxpl.ination, then the management cojsittuted i,n cuqiiiry but in the enquity .'lso tljc (jopctlned "otl.in:in diti not lake part and ultimately the domestic .enquiry iv's helrf cxirane. He was held guilty by the Liiquny Odiccr -nd in puisuancc io that the concerned workman WHS di ni sec b\ the (Jeiicial Mannger of the Area. wv 3. A(.coidin™ to the concerned v.uikman he lias hied satis- fjwtoiy explanation yet the m.'indge[m.nt cunsli ntc.1 cnqiiuy. Fu> ther, according to him although the mPiKigement h..s also hied ' ciiminal case on UJC same charge the wmcoineil woik- man hlerl petition for st.iy ol the domestic enquiry on (hat ground and also on the ground of non-payment of subsi U-ncc ;J11OV.MICC, but it was not heeded and an exyaity enquuV was held which is an emp*y formality, unfuir i.nd iiiiptcptr and therefore the concerned woikman was dismissed from ieivice on the basis of finding of the Enquiiy Officer vluch w.is unlair and improper. Further, accoidinfj to him in the i"iquiiy the charges were not piovcd ^nd tho off!en who iiao dismissed him was not empowaed to dismiss him or U lake (.'isciplina.-y action against him. The management, on the o'bur hand, has held that the concerned workman did not submit any explanation to the charges in spite of the tact lh.it the chnigcs were ^ent to him and weie also published in the Newspaper. The concerned workman h.is full know- ledge of the domestic enquiry, yet he decided not to lake part iii the domestic enquiry and lor lhai it in the workman uhn is to be blamed. According to the management, the domestic enquiry was fair and propei.

}. The fa/iness and propriety of the domestic ciiquii'/ was takt'ij up as preliminary issue and by oider dated 12-10 91 thv; same lias been held to be fail an<,l proper

5. Since the domestic enquiry has aheady been held f."n and propei, the only questioo to be decided h whether the chaiRes have been pioved in the domestic- enquiry and if so whether the punishment of dismissal is propovlionaic o the alley'ition of misconduct pioved flgajnst the concerned woil.man.

y)[

PART IhS :

1 mployer.s' in ielation to the in.i'i.iuemcnl i i Kh-n

Kusunda t.ollieiy ol M / i. HC L I..

AND

Thcii Workmen.

PR1 ,"-lJNT :

Slui Saiju 1'iasud, Previdinc Oltlcer

A P P l ' A R A N C ES :

1-0] the Hnploj-eis • Snu B, Joshi, Advocate.

For the Workmen , Shri B. H. P^ndty, Adyocsnr I .lyniLnl ol .i iu.il oi Rs. 1885 only. The concerned uuik- man ha¹, tL-jlhcr tiled an application on 10 2-83 which is Ext. II asking inloiindiion to deposit the amount of R~. ISS.s only. Thus, it is ajn'-iit-nt th.it tue witncoi ned woikm<.in I in-. lumtcif confessed llul he h.i3 fuifud Lht; signal uio ui U. L, Ui lid that the concerned woikman has committed toigiry and had taken illegal payment of Rs. 18S5, llius, iheie LS no doirbt tlut Ihe concerned woikman has uumniUed forgery in ordv.'r to cheat the company nnd hns taken hlcj.'.il payment of Rs. 1885.

S T A T E: Thaikliand.

I N D U S T R Y: d i a l.

Dated, the Mil December, 2000

AWARD

7 &o far quantum of punishment is concerned the LH^niiy^'I of (he concerned woikman is fully justified jn view oi U/,: seiiou^nesb of the misconduct committed by him and ihcicforc the^n-tion of the mnnaRement in dismissiiiR thi; coneenr I woil'in.iM is perfectly juslifird.

[No L-200J2y244/20010-IR(C-D] S. S, GUPfA, Under Secy, 39: HIE t i A Z L Hh Ol INDIA : JANUARY 27, 2001/MAGIIA 7, 1922 [PART II—SEC. 3(H)]

ANNEXURF.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. I, DHANBAD REFERENCE NO. 286 OF 2000

PARTIhS :

Employers in iclulion to Ihc management of Mis. B.C-C.

Lid.

AND

Tlicir Workmen.

PRESENT :

Slni Sjrju Prasad, Presiding Officer.

APPEARANCFS :

For the Fmployers ; None.

For the Workman : Shri G. M. Sharma, Sccietary, Rashtriya Colliery Mazdoor Sangh.

STATE : Hihar (Now Jharkhand) : INDUSTRY : Coal.

Dated, the 30th November, 2000

AWARD

By Ordn No. L-20012|244|2000-IR(C-I) dated, the 27th September, 200O the Central Government in the Ministry of Labour has, in exercise of the powers conferred by Clause (d) of suo-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947, referred the following dispute for adjudication to this Tribunal :—

"Whether the dismissal of Sri Amrit Kumar Mahto, General Mazdoor of Ramkanuli Colliery of Mis. B.C.C. Ltd. by the management w.c.f. 29-6-1996 Jt- legal, proper and justified? If not, to what relief is the workman entitled?"

Z Today (30-11-2000) Shri G.M. Sharma, Secretary, Rashtiiya Colliery Mazdoor Sangh, appearing on behalf of (be concerned workman, Shri Amrit Kumar Mahto, files fl prt:ent industrial dispute Shri Sl'arma also prays before this piesent industrial dispute ShW sharma also prays before this Tjibunal to withdraw the case.

Diunbad as sliown in the Annexure in the Industrial Dispute bc-tweea the employers in relation to the management¹ of M/s. C. C. Ltd. and their workman, which was received by the Central Government on 29-12-2000.

(No., L-200J2/325/99-IR(C-I)]

S. S. GUPTA, Under Secy.

ANNEXURE

BEFORE ITiE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, DHANBAD In the matter of a reference under section 10(1) (d) C2A) of the Industrial Disputes Act, 1947.

Reference No. 71 of 2000.

PARTIES :

Employers in relation to the management of Rajrappa Project of M|s. C.C. Ltd.

AND

Their Workmen.

PRESENT :

Shii Sarju Prasad, Presiding Officer.

APPEARANCES :

For the Employers : Shri B. Joslii, Advocate. For the Workman : Shri R. N. Ganguly, Advo- cate.

STATE : Jharkhand. INDUSTRY : Coal.

Dated, the 7th December, 2000

AWARD

New Delhi, the 3rd January, 2001 S.O. 158.—In pursuance of Section 17 of the ndustnal Dispute Act, 1947 (14 of 1947), the ."; itrnl tfovf nmeni hereby publishes the Award of he Central Ciovcrnment Industrial Tribunal, No. ], By Order No. L-20012|325[99 (C-I) dated the 28th January, 2000 the Central Government In the Ministry of Labour has, in exercise of the powers conferred by clause (d) of sub-section (1) and sub- section (2A) of Section 10 of the Industrial Disputes Act, 1947, referred the following dispute for adjudi- cation lo this Tribunal :

"Whether the action of the managemeiU of Rajrappa Project of Mjs. C.C, Ltd. In giv- ing punishment of demotion to lower grade from the existing grade i.e. Shovel Opera- tor to Sri Jainandan Mahato and restora- tion of his date of birth as 2-1-1946 is legal and justified ? If not, to what relief the concerned workman is entitled V

2. To-day Shri R. N. Ganguly, Advocate, appear- ing on behalf of the concerned workman submits that the concerned workman is not interested to pro- secute the case and prays to pass a 'No Dispute' Award in the industrial dispute.

3. Accordingly, I render a 'No Dispute' Award in the prescnr teference case.

SARJU PRASAD, Presiding Officer393 The workman Shn Lwla Madhnvroo GaikWad has *.ubmifi..-d h's Statement of Claim on tbc following

fjCfi .

TTL- was. emplov^d as Messenger in Deola Branch, Diuici Heed of Marathwada Gramin Bank w.e.f* 1-4-89. He w?s suspended en 30-4-1997. Charge- theet was

N.-w Ddli', the 5th Janunrv, 2'JUl

The Workman has mentioned that hfc did not com- mit any fict of insubord;nation. He did not cause £>nv lo**; fo the bink. He was working ?,s messeri"cr t-'td hud ro concern with the col- ' • " ' ^n of any amount of loah issued f'-on n^n';. T[^ d<-\ ^ot misappropriate any amount of (IT; loon nf the Baiii;. The enquiry was not con- fl"cfp(! fai'lv r vJ the o^d^r of his dismissal is not b ivcd on thr any rel'aWc evidence.

S.O. 159.—In pursuance of Section 17 of the [ndustrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the C;n1 m^n, which WJS r:c3:ved by t''e Centril Government on 4th January, 2001.

[No. TJ-12011|54l°9-IR(B-I)] ATAY I'.UM\R, D ^k Officer

ANNEXURE

M. ^ n u a{{^{{FOOTNOTE 1}}}}' '^ \ orVfnfe as Clerk in the Marathwada <^rimin n nk from 19fi4. SCHEDULE 'Sh--i SlT-ikh 7 ! :m-hrnan, the Bnnch Manager <-if T>i-nj n-flnfj-Ti \vps -.'"o.ss examined by Shri Sunil ^"'i^'^^L f h -v; rfjnsidcred the statements of the above witnesses, 5"in R'K-i'tn 7^'iurrehman has stated that he was "•n-ch M.inr4p.-r from March 1995 to July, 1C99. ilie -v^-V-mnn Shri L?i1a M. Guikward had dfposited U-. 2S0O in the I,f.nk on 21-4-97. He had issued receipts of Ra. 1400 to Smt. Sahabai D. Jawale, "Whether the action of the management) i e. Chairman, Marthwndn Granrn Bank, H.O., Nanded, terminating the services of Sh. Lala, M, Gaikwad, Ex-Messenger, At Deola Branch, if legal, proper and justifi- ed ? If not to what relief, the workman is entitled and from which date? What othci directions are necessary in the matter ?" lH GI/2001—18 ↩

394 THE GAZETTE OP INDIA: JANUARY 27, 2001/MAGHA 7. 1922 [PAW H—SEC. 3(it)J

Shri Rustam P. Shaikh and Shri Babu S. Londhc, but be did not deposit Rs. 1400.

The Enquiry Officer also did not mention in his repurt as to how he held the workman guilty for mis- appiopriation when the bank had not issued any autho- risiuon letter to the workman to collect arty amount of lo^n. The hinquiry Orhcor therefore did not con- duct the enquiry fairly. He only relied upon the sta'.e- mem of the Branch manager Shri Z. Z. Shaikh,

As 1 discussed above, the statement of Shri Shaikh Zakiurrehman itself is unreliable. The enquiry was theicfore not based on reliable evidence. In the afore- said circumstances the termination of Shri Lala M. Gaikwad, Ex-Messenger, is not legal, proper or justi- fied. It is admitted to the management that the bank did not suffer any financial loss.

In cross examination this witness stated that the cash transaction in this bank is handled by the Cashier of the bank, Shri Lain M. Gaikwad was Daftry of the Bank. He says that he had issued order to Shri Lala M. Gaikwad to realize the loan amount of the bank from the customers. He did not submit the copy of any such order in the court. No record has been filed in the court to show that how much amount of loan was due for realization from the customers by the bank on different dates, and how much amount was realized from them on different dates.

It is alleged that Rs. 100 was recovered from Sahabai D. Jawale on 18-1-96, but bank could not detect for more than one year that Sahabai had paid this Amount on 18-1-96. The above evidence on record therefore shows that the enquiry was not conducted fairly.

Tn view of the circustances and evidence discussed "rove, the order of termination of Shri Lala M. Gaikwad, Ex-Messenger is totally unjustified and he should be reinstated.

ORDER

The witness furthsr says that he cannot submit any circular letter of his department which confers right to him to issue directions to the messenger of the bank to realize the amount. He admits that he has no right to pass any orders that the Daftry of the bank Shri Lala M Gakwad was authorised to re- cover the bank loans from the customers. He further admits that paper No. 22 Exhibit M 2(77) dated 13-2-97 does not contain the seal of the Bank. Ex- hibit M 3, paper No. 24 also does not bear the signature of any officer of the bank.

rrmina*ion order is not based{{^{{FOOTNOTE 1}}}} on reliable documentary ot oral evidence. The workman is therefore directed to be reinstated in service. He shall also pet his full back Waffles from fhe date of his suspension i.e. 30-4-97 with continuity in service. The reference is answered accordingly. Date : 12-12-2000. B. G. SAXENA. Presiding Officer When the Manager of the bank himself admits that he had no authority to get the amount of the loan realized through the workman, who was daftry in the bank, than no charge sheet can be issued by the bank for the misconduct of the workman. The conduct of the workman therefore does not fall in the category of misconduct. The management of bank did not issue any statement or list that how much amount uf loan was to be realized from each custo- mer on the dates mentioned by Shri Sheikh Zakiur- rehman. His statement also does not show that on various dates i.e. 13-2-97, 25-3-97 and 29-3-97 how much amount of loan was due for realization and how much amount of loan was collected by the workman and deposited in the bank on the above dates. Thus, the statement! of this witnesses be- comes unreliable. New Delhi, the 5th January, 2001 The statement of J. M. Sonmali, who is clerk in the bank shows that on 21-4-97 one letter was obtained from the workman under pressure. He does not know who were the witnesses when this letter was got written. He says that Branch Manager had deposited the amoun* in the bank on 21-4-97. The statement of this witness also find support from the statement of the workman. The workman says that on 21-4-97 the Manager has deposited amount Rs. 2800 in the account of comr customers. These statements therefore shows 'hat ihe resoonsibili'v of realizing the amount and i^nino recemts for the recovery for the loan rested on •ri*{{^{{FOOTNOTE 1}}}} Bmnch Manager. It was not the du'y of the "r-^f^-r rwrr-ionani to collect snv amount of loart f,,r 'h* v.nnt No mceiot book was issued bv the Bank ti, rtr- workman The workman was also not au'horised in iVinp. BHV receipt *o any customer after realization of any loan. SO, 1↩

395

396 THE GAZETTE OF J^DIA: JAfftJARV 27, 2QGI/MAGHA 7, 1922 [P^F U^SBC. XU)]397 tit -m$ 6^&f[£ 6f ttfbtAt JANUARY 27, 2001/MA6HA 7, telz pm U~$EC. 3oi>3 New Delhi, the 5th January, 2001 S.O. 161.—In pursuance of Section 17 of the In- dustrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the Av ard of the Central Government Industrial Tribunal, Chennai as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of General Manager, Cordite Factory, and their workman, which was received by the Central Government on 5-1-2001.

[No. L-14012|2|2000-IR(DU)] KULDIP RAI VERMA, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHENNAI

Thursday, the 30th November, 2000 PRESENT :

K, Karthikeyan, Presiding Officer.

Industrial Dispute No. ll|2000

(In the matter of the dispute for adjudication under Section 10(1) (d) & Sub-Section 2(A) of the-Industrial Disputes Act, 1947 between the Workman and the Management of The General Manager, Cordite Factory, Aravarf- fcadu).

BETWEEN

K. Patfiran Workman|I Party S|o Sri Kalimuthu.

AND

The General Manager, Managerntnt|II Party. Cordite Faictory, Aravankacfu.

APPEARANCE :

For the Workman : Sri. G. Gunaseelan, Autho- rised Representative.

For the Management : Sri. K. Sivajothi, Addl. Central Govt. Standing Counsel.

Reference : Order No. L-14012|2|2O00|IRCPU) dt. 30-5-2000, Government of India, Minis- try of Labour, New Delhi.

This dispute on coming up before me for final hearing on 30-10-2000, uppn perusing the reference Claim Statement, Counter Statement and other mate- rial papers on record, the oral evidence and documen- tary evidence let in on the either side and upon hearing the arguments of Authorised Representative for the Workman and Sri K. Sivajothi, Addl. Central Govt. Standing Counsel for the Management and this dispute having stood over till this date for consideration, this Tribunal passed the following : —

AWARD

This reference by Central Government in exer- cise of the powers conferred by Clause (d) of Sub- Section (1) and Sub-Section 2 (A) of Section 10 of Industrial Disputes Act, 1947 in respect of dispute between Sri. K. Pathram, Workman and the General Manager, Cordite Factory, Aravankadu, Management mentioned as schedule appended to the order of reference. The schedule reads as follows :—

"Whether the action of the management of Cor- dite Factory, Aravankadu, Nilgiris in ter- minating the services of the Workman Sri. K. Pathran w.e.f. 3-4-95 is justified 7 If not!, to what relief the workman is entitled?" On receipt of this reference, this Industrial Dispute has been taken on file of this Tribunal on 26-6-2000 as Industrial Dispute No. 11 [2000. On receipt of the notice from this Tribunal, the First Party Work- man alongwith his Authorised Representative and the Second Party Management with their Counsel appeared in Court and filed their respective Claim Statement and Counter Statement

1. The averment in the Claim Statement of the Workman|I Party]Petitioner are briefly as follows:—

The Petitioner's father, Sri Kalimuthu was working in Cordite Factory. Aravankadu as a permanent worker for more thaln 27 years as Fitter Gen. (Skilled) and rendered an unblemished service. Ho expired on 30-11-90 while he was in service, Based on the repre- sentation by the family of that worksr and as per ser- vice condition adoped by the Respondent Management the Petitioner "was offered an appointment In the com- pany on compassionate grounds. The Petitioner was399 sustainable before law. Though, the Petitioner ban made representations through the Union to the Mbtnaegement, no fruitful reply regarding the reconsi- deration for reinstatement of service of the Petitioner from the Management is received. No favourable rcpLy was given by the Management, though, the Peti- tioner Mas waiting for more than a year. All the a i tempts made were become futile. Hence, without; any alternative, the Petitioner has raised this dispute before the labour authorities for conciliation. As the ahempt of conciliation was ended in a failure, the Petitioner has to raised thi* dispute before this Tri- bunal through a reference by the Government. Hence, it is prayed that this Hon'ble Tribunal may be pleased to pass an award holding that the non-employment ol the Petitioner is illegal, unjust, invalid and arbitrary and in violation of principles of natural justice and dircciing the Respondent Management to reinsta'e the petitioner; in service with continuity of service, full backwages and all other attendant benefit; and with cost.

2. The averments in the Counter Statement of the Second Party Management Respondent are briefly as follows:—

IT) r^rit'^nrYTic: Rnnr!^ fr\T mr"r<* thflf* tnro Rr*d 0 h ^ i l'

vpnrc from ip_iO-Q9 to 3-4-QS nncf Tiii last drawn

vjnrjpc, ti T?<; 9.100 w.r mini*}!, P e ^ rp Tvrc";in

nf tarTn!n!iti.in. the orovi^ion¹; of S^ction^SN of the

400 THE GAZETTE OF TNDIA : J A M J A RY 57,' 2001/^A^^A 7, 1922 [PART I I ~ S E C. Vti)]

Respondent, on the death of his Father. The xerox copy of the order dt. 13-10-92, as an offer of ap- pointment, on compassionate ground, by the Res- pjnrfrnt to th; Petitioner, is Ex. W l. The terms ,wd conditions of the appointment offered under Ex. VI IMVJ t :en clcrly mentioned. CIaus?-2(l) of Ex. Wl reads as follows :—

"The purpose of offering appointment to you is to maintain the family of Lat? Sri M. Kali- muthu. In case any complaint is received, your services are liable to be terminated without notice".

Thus, it is seen that the said offer of appoint- ment was macb by the Respondent to the Petitioner, nnt nmpnsion^te froilnd to maintain the family of the deceased worker of the Respondent Factory, Sri iVt. Kahmuthu, the Father of the Petitioner. The Petitioner vvaa offered an appointment under Ex. Wl as a temporary Djrwun at the Cordite Factory, Anivankadu subject to the terms and conditions, trrnOoni'd then-in Tt is admitted that in pursuance of Ex. Wl, the Petitioner was appointed as Durwan w et 19-IQ-92 It is the contention of the Respon- dent in their Counter Statement that the said appoint- ment was covered by the CCS (TS) Rules, 1964. This contention has not been disputed by the Petitioner. The Petitioner as" WW1 has admitted that be joined duty in the Respondent's Factory as Durwan in the Security Department. In Ex. W l, under the terms and conditions of service under Clause 2, it is stated as follows :—

A. The first two years of your service will be

treated as Probationary period.

being an employment at -flsslsfancc caSe^ The T*feti- tionfti d'd not Show any i\hpr\bvbd' performance, dur- ing the extended period of probation, except sticking lo lv, own tendency of Absenting himself from duty ufiauthorj^cdly from 5-12-94- to 28-12-94. A;\vn, the Petitioner remained absent from duty from 8^12-95 to 27-1-95', the extended period of proba- tion. Therefore;¹ a show"-catis; hQtftc" wa" issued to the Petitioner on 20-9-94 directing him to show- caUsc as to why his services should not be tenninated by g'ving him "ten days time to furnish his explana- tion. Since the explanation submitted by the Peti- tioner was not satisfactory, a written warning was ad- ministered on him on 14-11-94, advising him to be more careful in future and to improve bis attendance and. lo be conscious of his duty,failing wh'ch neces- " rv administrative action will be taken against him without notice, and a direction was given to the Security Officer to watch the attendance of the Peti- lioivr. The warning issued to him, did not yield iny fruitful result. Therefore, the management had no ofher alternative bujt to terrninatc the services of t|,/" pctit;oner w.e.f. 3-4-95 in terms of Clauso-2B of tho ADpointment Order dt. 13-1D-Q2 as the Peti- tioners scrv;ces were no longer required, by passing an order simpliciter. The duty of the Durwan is so vital that he is responsible for safety and security of the Government properly and he is also expected to maintain discipline and devotion to duty. The Peti- tioner had not made any complaint while in service, about the alleged action of some of the Supervisors, bv forcing him with ulterior motives, to resign his job. No assodation|union represented the matter of the Petitioner before the Respondent. The Peti- tioner has no plausible explanation [clinching evi- dence to justify the inordinate delay in raising this dispute before the labour forum. Hence, the Hon'ble Tribunal may be pleased to dismiss the claim of the Petitioner with cost.

B. Your service may be terminated at any time during the Probationary period, withput notice.

4. The Point for my consideration is :—

C. After satisfactory completion of the Proba- tionary period, your appointment and ser- vice will be temporary.

D. After the Probationary period, the termina- tion of your service will require onft month's notice in writing on either side.

"Whether the action of the management of Cordite Factory, Aravankadu, Nilgiris in terminating the services of the workman Sri. K, Pathran w.e.f. ,3-4-95 is justified? If not. to what relief the workman is en- titled ?"

Point —When the matter was taken up for enon'ry, the Workman, First Party was examined as WW1 and 8 documents were marked as Exhibits Wl to WS. One Foreman has been examined as MW1, the oulv witness for the Manapement|Second P.ir'v. E:ght documents on the side of the Mana- I'fment were nicked as Exhibits Ml to M8. On "TTiVf'on of the evidence on either side, the T'fliori sd representative for the Workman and the A'Mi. C -ntrni Government Standing Counsel for the M i ni cement have advanced their arguments.

MW1 has depossd that as per the Government order, the Probation period can be extended if his services in the first two years are not satisfactory. Tills fact is not disputed on the side of the Petitioner. It is the further evidence of MW1 that during the first two years of probation, the Claimant, Sri K. Pathran was not attending to his duties regularly and that he was very irregular and used to be absent for his work, without getting proper sanction for leave. It is hh further "evidence that the appointing authority finds that the WoWcr^ has not satisfactorily done his duties in rhe first two v;ars of probation, they can cither terminate his service even during the Pro- bationary penod or extend the Probation period, on romnlrtron n[ two years of Probation orriod He would further say that because of the irregular attitude of, Pathran, five warnings have b-cn issued at the Section le,vel itself and they are Ex. W7 scries. If is also rtie evidence of the Petitioner as WW1 that for his absence from duty, Cordite Factory Manage- ment issued him nqtices and the xerox copies of those five notices dated 4-12--93, 8-2-94, 11-2-94, 16-3-94 5 The Workman. Shrt K. Pathran (hereinafter rn uinned as the "Petitioner") was offered appoint- ment in ihc Cordite Factory, Aravankadu, by the Svnnd Pa^tv Management (hereinafter mentioned as tf-e "Rcn-ond-nf") on compassionate grounds. It is admitted that the Father of the Petitioner, Sri Kali- mu'hn wfw worHn" in the,,Respondent's Factory as Fitter Gen,. (Skilled)^and he died while in service. The Petitioner was 'offered- an appointment by the401 and 5-4-94 arc F,*. W7 series. In the firsr warning notice dafed 4-12-93, it !•> suited that, SJtfi K, PQthran,. Durwun, DW-62 was remained absent, wiihout pro- per sanction of leave/intimation on 31-LO-P.l, 3-! 1-93, 6-11-93, 10-11-93 to J2-1L--93 and 20-11-93. In that warning notice itself, if is stated that he h"t& been warned verbally for a number of times and IK has failed to show any improvement, in his mendancc and further continued to be remain absent, without prior sanction of leave at very frequent mt.-rvals. Under the warning notice dated K-2-94, ii" is stated that this Petitioner was lemainvd abscm. v ithout prior sanction of leave 'inflmuiinn from 10 1-94 to 23-1-94. In the third warning notice dated I ! -2-94, it is stated that the Peti&oner was, rorauiiin.! ;bswm, without pri'or sanction of leave''intimation trn n t-2-94 to 7-2-94. In the fourth warning notice date:; 1^-3-94. tho Petitioner was stated to be absent, wiili>iu prior sanction of leave/intimation from 10-3-94 ,*> 12-3-94 and in the fifth warning notice dated 5-4-(>4, it is stated that the Petitioner remained absent, without prior sanction of leave/intimation from 2^-1-94 to 2-4-94. Further, it is seen from these fnL warning notices, Ex. "W7 series, fhe Management hn^ warned this Petitioner to tiesist from such acts in inline, fail- ing which disciplinary action • would Iv intiatetl against him. From these documentary cvidctHv. pro- duced by the Petitioner himself, it is seen tlrai with- in Che first two years of his service, the Probationary period, the Petitioner was a habituated absomcc from attending his responsible duty in the Security De- partment of the Factory as DURWAN. i\\. KU is the office copy of the show-cause nofic,; dated ?0-9-94, issued by the Respondent Factory to the Petitioner, in thai! show-cause notice, it ii stated that Hie un- aTiTnoHsed abSente ferom duly and irregular attend- ance on the part of Shri K. Pathran, Probation;!' con- stitute "Gross Misconduct" and requires fo he view- ed seriously. He was directed to show-^un- as to why his services should not be terminated and he- has to reply within 10 days, from rue receipt of that notice. Ex. M3 is the reply submitted by ih2 Petitio- ner to the show-cause notice, the original t.iMcr Ex. M3. In that reply, the Petitioner has not disputed about bis unauthorised absence from duty. He ha,s assured in the reply that he will be regultn in his duties henceforth and requested the Management! to drop further action and to give an opportunity fo serve in a better way. Ex. M5 is a letter dafed 14-11-94 sent by the Dy. General Manager (Person- nel) for General Manager to tUd Petitioner, % Pathran, In that, it Is stated that the reply given by the Peti- tioner to the show-cause noffice Is found'to be not convincinii and satisfiitorv and a warning h;>s hcen giVen and his future attendance would b* watched and in case of failure to improve his attendance, neces- sary administrative action would be taken against him, without notice. Ex. M4, is the tferox copy oT tlio order passed by the GM's Secretariat date3 29-10-94 with l v j n rd Co the extension of the P r o b a t i o n a ry period for a period of six m o n t hs T from 19-10-94 ( F N ). In ih?t O PW jf"cH- a copv h as been m a r k ed to the S OT FA to watch thf .lUenHance and nerformnnce of .Ouryan- P ' ) t h nn for a period 'of six nifmrlm ,-mrj to s u b m it a r e p o rt rrt t Mf "reasfd: l \ Wf 1";'-

137 Gl/2'idl -1-0 402 THE GAZE1 IE OF INDIA : JANUARY 27, 2001/MAGHA 7, 1922 [PART If—sur. .(/")] So. from all these oral and documentary evi- dence on either side, it is evidently clear that the Petitioner Pathran who was given the ap- pointment on compassionate ground by the Second Party Management has not served satisfactorily in the post of Durwan in the Security Department of the Factory even dur- ing the first two years of probation. Though the Management was considerate by extend- ing his period ot probation for further six months to offer him an opportunity to mend himself and also by giving several warnings only, the Petitioner continued his habit oi unauthorised absence from du(>. It ultimate forced the Management to issue an order of termination of service dt. 3-4-95, under the original of Ex. W2, following Clause-2B of the terms and conditions of service* mention- ed in the order of appointment dt. 13-10-07, (he original of Ex. Wl. Further, it is the evi- dence of WW1, the Petitioner himself that his Mother is now staying with his sister. From this, it is seen that his Mother is not depending on him for her livelihood now.

6. In view of my above findings, I come to the conclusion that the Petitioner Pathmn- First Party Workman cannot challenge the action ta^en against him by the Second Party Management for his misconduct of unautho- rised absence from dutv. by passing an order of termination of service in his extended pro bation period. Under such circumstance¹-. I come to the conclusion that the action of the Management, Cordite Factory- Aravankadu, Nik'iris in terminating the services of the workman, Sri K. Pathran w.e.f. 3-4-95 is justi- fied and the .Workman is not entitled to anv relief ? Thus. T answer the point accordingly.

7. In the result, I pass an award holding that the Petitioner, First Party Workman is not entitled to any relief as prayed for. No cost.

Dictated to the Stenographer and typed by him direct and corrected and pronounced bv me in the open court on this day, the 30th November. 2000.

K. KARTHTKEYAR Presiding Officer WITNESS EXAMINED

For Claimant/I Party : W i, Shri K. Pathrafi.

'phr iif("agwnent/li Pwfy : MWIr Shrf K, R. R. Namboodlripad.

DOCUMENTS MARKED For Claimant/I Party :

Ex. WJ 13-10-92—Xerox copy of oiler of Temp. (Durwan) appointment to Sri K. Pathiram bv Cordite Factory.

Ex. W2 3-4-95—Xerox copy of terminal ion of services of Sri K. Pathran by Cordite Fac- tory.

Ex. W3(i) 19-7-95-—Carbon copy of reason 1CM- tennination from 1 Party to Phe Manage- ment.

Ex. W3(ii) 19-2-97—<-arbon copy of application ibr apology from I Party U* the Manage m*;nt.

Ex. \V3iiu) 21-2-97—Carbon copy of applica- tion for apology from 1 Party to tJitr Man- agement.

Ex. W3(iv) 17-11-97—Copy of the letter of requisition for consideration to join, dury from I Party to fhe Management.

Ex. W4 12-2-9T—i hnmb impression requisition letter from Smt. Pappamrnal, W/o Kali- muthu to the GM, Cordite Factory (in Tamil).

Ex. W5(i) 2-7-97—Lelfcr from DGM (Per.s.) lo Shri K. Pathran regarding non-consideration of employment assistance to Sri K. Pathran.

Ex. W5(ii) 3-3-97—Lettw from Uy. Gencial Manager (Personnel), Cordite -Factory -re- garding non-consideration of employment' assistance to Sri *\. Pathran.

Ex. W6 8-2-97—Letter trom Addl. GM/C. Cor- dite Factory reg. reiteration of portion as stated in the letter dt. 29-12-96 to Smr. Pappammal.

Ex. W7(i) 4-12-93—Xeroc copy of warning letter to Sri K. Pathran from ihe Head of Section/Security for 1st time in writing.

Ex. W7(ii) £-2-94—Xerox copy of warning jtettter to Sri K. Pathran from the Head of Section/Security for Ilnd time in writing.

Ex. W7(jti) 1-1-2-94—Xerox - copy of" warning letter to Sri K. Patbxan "from the Head of Section/Security for III id rtme in writing.

Ex. W7(iv) 16-3-94—Xerox copy of warning ltetter to Sri K. Pathran from the Head of Section/Security for JVlh time in writing.

Ex: W7{v) 5-4-94—Xerox' ' copy of warning • tetter 'to Sri K. Pathran'from the fJead of Section/Security for Vth time in writing.

Ex. W8 1-12-97—Letter from Che Management reg. termination, of service to Sri K. Pathrau in Tamil.

For Management/ Jf Party

Ex. Ml(i) Janraaiy 1995—Orisinal Mtiitcf HaH for Class TV empjoyets.

403

Ex. Ml(Li) February 1495—Original Musler

Roll for Class IV employees.

was received by the Central Government ofl 5-1-2001.

Ex. Ml(iii) March 1995—Original Muster Rcll

[No. L-14012[30|92-IR(DU)J for Class IV employees.

KULDIP RAI VERMA, Desk Officer Ex. Ml(iv) April 1995—OrjgiJial Muster Roll

for Class IV employees.

ANNEXURE

BEFORE THE CENTRAL GOVERN- MENT INDUSTRIAL TRIBUNALCUM- Ex. M2 20-9-94—Carbon copy of show-cause notice from GM, Cordite Factory to Sii K. Patlhran.

LABOUR COURT, JABALPUR

CASE NO. CGIT|LC|R|247|93 Ex. M3 — —Detter from Sri K. Pathraii to the GM, Cordite Factory to drop the action to be t'aken agaiust show cause notice dt. 20-9-94.

Presiding Officer : Shri K. M. Rai.

.-Ex. M4 29-10-94—Xerox copy of extension of probationary period by the DGM (Person- nel), Cordite Factory to Sri K. Pathran.

Shri Ramnath Vishvakarma, Tkt. No. 1104 C&J|Mali, 506 Army Base Workshop* C|o B.da.Silva, Advocate, 18. South Civil Lines, Jabalpur Applicant

Versus

Ex. M5 14-11-94—Carbon copy of letter from the DGM (Personnel), Cordtfc Factory to Sri K. Pathran reg. the non-convincinj> reply and further warning and advise to improve attendance, consequent to his unauthorised absence from duty.

Ex. M6 29-11-94—Acknowledgement of Ex.

M5 in original.

The Commandant, 506, Army Base Workshop, Jabalpur Non-applicant

AWARD

Delivered on this 5th day of December. 2000 Ex. M7 25-8-94—Letter from Security Officer to DGM (Personnel) rcg, NIE-Sri K. Palli- ran, Durwan-DW. 62/000982 Unautlhoris- ed Absence/Irregular Attendance.

Ex. M8 29-10-94—Carbon copy of order of extension of Probationary period from DGM (Personnel), Cordite Factory to Sri K. Pathran, Durwau.

1. The Government of India. Ministry of Labour vide order No. L-14012|30|92-IRDU dated 13-12-93 has referred the following dispute for adjudication by this'Tribunal :—

"Whether the action of the management of 506. Army Base Workshop. Jabalpur in terminating the services of Shri Ramnath Vishwakarma ex- labour w.c.f. 4-1-78 is legal and justified? If not what relief the workman is entitled for?" New Delhi, the 5th January, 2001

S.O. 162.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947). the Central Government hereby pub- lishes the Award of the Central Government Industrial Tribunal'Labour Court, Jabalpur. as shown in the Annexurc in the Industrial Dispute between the employers in relation to the management of Commandant. 506 Army Base Workshop and their workman, which

2. The case of the workman is that he was appointed on 26-2-62 in the Army Base Workshop, Jabalpur. He was confirmed in the year 1972. Due to the marriage of his sister and sister-in-law, he had applied for leave w.c.f. 25-4-77 to 4-5-77 and thereafter due to iHness of his wife he was compelled lo ext- end the leave from 25-4-77 to 4-5-77. During this time one of his relatives has expired which compelled to further extend the leave from 1-5-77 to 12-5-77. He joined his duty after availing all the leave. Thereafter on 24-5-77, he was served with a chargesheet re- garding the commitment of misconduct for remnjning absent without sanction. He had denied (he charges in His reply. The regular enquiry was conducted and without supplying 117 fVJ/2001—2fi 4 04 T HT G A 7 r T TR OF I N D TA • f A N U A RY 2 1, 2 0 01 < M A G HA 7, 1 9 22

[ P A RI I I— S ec : - ( i i )J

Irom service is just and proper and does not call for any interference.

4 The sole point for determination in the e },e is as to whether the award of punishment is dispropoidonate to the alleged misconduct?

5. On 9-10-98, my learned prcdecesor has held the DE as just and proper. This order h'is not been challenged by the workman Tn view of this matter, the sole question for de- termination is reg'irding the quantum of pu- nishment awarded to the workman.

the necessary documents the charges wne held to be proved against him. He was not given the proper opportunity ior defending himself. Due to illness he could not attend the enquiry proceedings on 18-10-87 and therefore the Enquiry Oflicer proceeded exparte against him. On the basis of enquiry report, the command- ant of the Base Workshop issued a show cause notice proposing the punishment of removal from service. He replied to the show cause notice but to no effect. He was illegally removed Irom service on 4-1-78. He died appeal against the order ci removal. Ul- timately his appeal was rejected. The enquiry was not conducted properly as the Enquiry Officer nc\er applied his mind and acted under undue haste. The punishment is not in pro- portionate to the alleged misconduct nnd the*efore it deserve¹- 405

New Delhi, the 5th January, 2001

upon h -aring the iiiyi'inenli, of Sri K. M. Raineah, Counsel for the WH I n un and Sri K. Sambasivam, Addl. Central Government Standing Counsel for the Mdnaprment iuul (his dispute having stood over till tiu> dai.e for cons'dec IIJI U, this Tribunal passed the ioilowiug : —

AWARD

S.O. 163.—la pursuance of Section 17 of the industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of thw Cervha! Government Industrial TribunaliLabour Court, Ciieunai, us shown in the Annexure in the Industrial Dispute between the employers in relation lo the niai>;-gcment of Supdt. or Post Offices, and their workman, which was received by the Central Government on 5-1-2001.

[No. L-40()llj7j2O00-lR(DU)]

KULDIP RAI VERMA. Desk Officer

ANNEXURE

Th's inference by CenlMl Government in the exer- cise of th; pewers contened by Clause (d) of Sub- Sectinn (1) tind Sub Si.uion 2(A) of Section 10 of Industrial Disputes Aci, ',947 in respect of the dis- pute bilvveen Sii 1-1. H: r:doss, Workman and the Supcrint -ndent if 1'VM Oflices, Tirapattur Division, Management moniiurn-J .is schedule appended to the ordei of rclerenc;.

Ei TORh THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR

The schedule nvds as follows :

COURT, CHENNAI

Thursday, the 7ili December, 2000

PRESENT :

K. Karthikyan, Presiding Officer.

"Whetfu) the tciion ol the Superintendent of Post Offices, rJ iiiipattur in compulsorily re- tiring ih- Workman Sh. H. Haridoss, Post- al Assi',t:int v-.e f 25-5-99 is justified? Tf not, to \vhat vtliei" is he entitled?" Industrial Dispute No. 23]2000

(In the matter of the dispute for adjudication under Section 10(1) (d) and Sub-Section 2(A) of the Industrial Disputes Act, 1947 between the Workman and the Management of the Superintendent of Post Offices, Tirapattur Division).

OH receipt of this vefru-hce, this Industrial Dispute h"s been taken on lil; on 27-7-2000 as Industrial Dispute No. 23J2O00. O,i receipt of the notice from this Tribunal, both the parties appeared with their ielective coL'tr-il and liJcd their respective Claim Statement and Counter Statement.

BETWEEN

1. flie averments in the Claim Statement filed by Sri II. Haridoss —-Workman]I Party the First l\"rty Workman are briefly as follows :—

AND

The Superintendent of Pov. Offices, Tirapattur Division. —Manag.uiuutJII Party

APPEARANCE :

For the WcAman : M|s, K. M. Ramesh and

A, N. Kumar, Advocates.

I-oi the M irjgcm;nt : Sri K. Sambasivam, Addl.

Ceinral Government Standing Counsel.

REFERENCE :

Ordej N J. L-4001 li7,2000,IR(DU) dated 21-6-2000, Goveiument of India, Ministry of Labour. New Delhi.

The First Party Workman, Sii H. Haridoss joined the postal service as Class-lV employee on 4-9-72 in VinivariKidi Post Office, under the control of the Second Pairy. He wn,s ni^nioted as Postal Assistant in the year 1978 and had been continuously working in V.'iniy.unbadi Post Office. He had not been awarded with any major penally and except for few minor punishment, his past record of service have been clean and unblemished. During the y;ar 1997, due to his ill-health, he could not report for duty. 1 h,; S:cond Pi\rty; after issuing charge memo, treat ed h .i L'b^nce as one of "Dies Non". He became unven i,"a n dmir.g the y:ar 1998 and he could no leport for duiy frequently. On 16-9-98, the Seconc Part\ ib >\.1 a liabiuial nbsenfe* f-nd has failed (o tnaintaia dcvoiion to duly a This dispute on coming up before me for final hearing on 15-11-2000, upon perusing the reference. Claim Statement, Counter Statement and other mate- rial papers on record, the dbeumrnlury evidence let in on iht- side o| Second Party Management only and 406 THE G A Z E ! TE OF INDJA : JANUARY 27, 2001/MAGHA 7, 1922 [PART It—SEC. 3(iiY)

tion 'proceedings before the Asstt. Labour Commis- sioner (C), Chennai, efforts were taken by him to bring about a settlement but it did not materialise due to adamant attitude of the Second Party. Hence the Conciliation Officer submitted Hi is failure report to the Government which in turn referred this Indus- trial Dispute for adjudication, by this Tribunal. The action of the Second Party in ordering his compul- sory retirement is wholly arbitrary, illegal unjusti- fied. rlhe imposing of the exlrement penalty itself would amount to victimization and unfair labour practice. The punishment imposed by tho Second Party on him is rhe severest punishment, which is grossly disproportionate to the gravity of the charges. Hence, the imposing of punishment of cornpulstwy retirement passed by *hu Second Party by ills uider against the First Parly is liable to be set aside and interfered witlh, in dhe exercise of the powers confer- red under Section-HA of Industrial Disputes Act by this Hon'ble Tribunal. Hence it is prayed that this Hon'ble Tribunal may be pleased fo hold that the action of the Second Party in ordering his compulsory retirement is illegal and unjustified and to pass and award, directing the Second Party to reinstate fhe First Party in service with continuity of service, with backwages and with all other attendant and conse- quential benefits.

2. The averments in the Counter Statement filed. by tire Second Party Management are briefly as fol- lows ;—

enjoined CCS Conduct Rules, 1964. The First Party submitted his explanation in October, 1999, where- in he stated the reasons for his inability to attend the duty and about his hospifalisation and remain- ed as bedrest till 7-6-98. On 8-6-98, though he attended office, due to weakness, he was not able to even stand, and, therefore, he could no? attend duty thereafter. He requested the Second Party to treat his period of absence as on; of "Dies Non". His absence could not come under habitual absence and pleaded for t'aking lenient view. The Second Party, not satisfied with his explanation, ordered an en- quiry to be conducted. On 12^2-99, he admitted the guilt before the Enquiry Officer who conducted the enquiry since he fhought thai the charges alleged were so grave and the I actor of his absence was true and the Second Party would not view it seri- ously and order extreme punislhment. In view of his submission of guilt, tlhe Enquiry Officer gave a finding, holding him guilty of the charges. Tlie Second Party sent a letter dated 6-4-99, enclosing the findings of the Enquiry Officer to (him with fhe direction to submit his representation over the said findings. Again in his explanation, he once again pleaded guilty and submitted to the Second Party to take a lenient view and to treat the period of absence as "Dies Non". He further requested the Second Party to give him one more chance to serve the Postal Department. However, the Second Parly, by his memo, dated 27-5-99 imposed the extreme punishment on the Firsf Party for compulsory re- tirement. He preferred a statutory appeal to the Director of Postal Services, Northern Region Chennai. The said Appellate Authority, by his proceedings dated 30-10-99, dismissed his appeal, rejecting all his contentions. The Appellate Authority has not adverted to the most important aspect as to whe- ther the punishment awarded to In'nr commensurate with the gravity of charge^. The non-consideration of fhis vital aspect, shows the non-application of mind of the Appellate Authority, which vitiates the whole order. Likewise, the disciplinary authority, has also not taken into consideration, as to why the extreme punishment oF compulsory retirement ffias been chosen when Service Rules provides for various gradations of punishment. Meiely because, the First Party had admitted the guilt, which is only minor lapse, it cannot be said that the drastic and severe punishment of compulsory retirement, whidh. is equi- valent to termination of service is warranted. The disciplinary authority and Appellate Authority have grossly failcc¹ ty give cogenf and convincing reason as to why the punishment of compulsory retirement has been chosen. He raisud an Industrial Dispute before tlhe Asstt. Labour Commissioner (C), Chennai by his petition dated 27-12-99. During the concilia-

The First Party Workman joined in the Postal Department us Class-IV employee (now Group 'D') on 4-9-72. Later, he was promoted to (he cadre of T/S Postal Assistant w.e.f. 22-12-1978. He was not working continuously af Vnniyambadi. He had work- ed as Ambur SO for more than 4 years. Oomerabad SO for nearly 3 years, 11 months and at Sh.man- Jcuppam SO for 1 year and 8 months. During his ser- vice, he was awarded many minor penalties, mainly for his unauthorised absence from duty, details of which are listed as 9 instances, from 1989 to 1996. Hence, the averment of the First party Workman that he has rendered unblemished service, is not correct. Further, his averment" that due to his ill-health, he absented from duty, is not correct. He was a habitual absentee. His unauthorised absent periods were treat- ed as "Dies Non", works out fo 8 months rind 7 days from the year 1982 to 1995. During 1996 to 1998 his unauthorised absence for 62 days were treated as "Dies Non". His desertion to duty was on 29-12-97, 30-12-97. In addition, he was awarded with a penalty of reduction of his pay by one stage from Rs. 4700 to Rs. 4600 for six months w e.f. 1-5-98 under Rule 16 of,CCS,(CCA) Rules, 1965. He submitted ii Medical Cerfificaie for only two days .c. for407 of Government servant, which are separately govern- ed CCS (CCA) Rules, 1965 are liable for adjudica- tion only before the CAT, under the Cential Adminis- trative Tribunal Act. The averment of the Workman, First F'ariy lhat the action of the Second Party is aibftrary, illegal and unjustified is not correct¹. The action talken by the Second P'iirty is in accordance with rules on trie subject- Therefore it is prayed that this Hon'ble Tribunal may be pleased to dismiss the petition with cost.

3. When the matter was taken up for enquiry,

Counsel appearing on cither side represented that they have no oral evidence to let in on behalf of their i elective party. For the Second Party Mana- gement alone, documents were maiked as their evidence and exhibited as Exhibits Ml to M i l. No documentary evidence was let in on the side of the First Party Workman. The learned counsel for the First Party Workman as well as the Second Party Management have advanced their resp:ctive argu- ments.

4, The Point for my consideration is :

"Whether the action of the Superintendent of Post Offices, Tirupattur in compulsorily re- tiring the workman Sri H. Haridoss Postil Assistant w.c.f. 25-5-99 is justified? IT not, to what relief is he entitled ? ' 29-12-97 and 30-12-97 and lie again remained absent from duty from 31-12-97 (AN) session till 5-1-98. ttc has not submitted any leave request or Medical ;rtificate for the said period. Therefore, his aver- ent ftiat his absence from duty was due to ill-health incorrect. Three articles of charges were framed ;ainst him and a Memo dated 16-9-98 under Rule \ of CCS (CCA) Rules, 1965 containing the charges as given to him. The first charge for his staying vay from duty unauthoriscdly from 2-6-98 (AN) to •6-98, while he was working as PA, Vaniyambadi 3. The second charge was. for his staying away from nty unauthoriscdly on 16-7-98 and 7-7-9S and the iird charge was for his frequently staying away from \itf unauthorisedly, on eight occasions from SM2-97 to 22-4-98, which were treated as "Dies ton". The Workman, Sri II. Haridoss, by these mis- >nducts of unauthorised absence from, duty contra- sne the provisions of Rule 62 of P&T Manual, rolume-3, thereby he failed to maintain devotion to uty as required of him in Rule 3(i)(ii) of CCS (Con- ucf) Rules, 1964. His frequent unauthorised absence l Post Office duties hampers the work in Postal Ser- ice, which is an essential service. He cannot plead ach and every time, to treat the period of his absence s "Dies Non". An enquiry was ordered against him oi the charges mentioned in the Memo issued to htln. n that enquiry, the workman, H, Haridoss has ad- litted the charges and pleaded guilty and requested me inore chance. His unauthorised absence from !ufy caused dislocation of normal office work and it i nothing but negligence in the discharge of official [uties. Therefore, his action deserves for imposition >f major penalty. Accordingly, he was awarded a >enalty of compulsory retirement from service as he 9 not a fit person, to continue in service. He pre- errcd an appeal to the DPS (NR), Chcnnai and die ame was rejected by Memo No. STC/J5—17/99 Iat"i 30-10-99. The Appellate Authority has clearly itated rhat his plea wa& not acceptable. The Work- nan cannot seek or claim that he should be given >ibcr penalties instead of compulSorily retirement. He vas awarded the penalty, only after taken into Ctinfil* ierajion all the aspects .in, a d d - on to his o #n Hd- filssipn of tl" charges. The Firfct Flirty Woitnuffl ftas aot exhausted all remedies in fids p&sd. H e t as trot jreierea petmon to the Postal Services Board, New Delhi. He may also approach Hon'ble CAT, Chcnnai Bench as application on pny service matters, should be filed before CAT only. Evert though, the Postal Services may have been defined as industry, the im- pugned act of unauthorised absence docs not come under the purview of Industrial Dispute, as such acts are governed by separate set of service rules and hence this Tribunal has no jurisdiction to entertain such dispute. All service matter pertaining to the acts

408 THE GAZETTE OF INDIA: JANUARY 27, 2001/MAGHA 7, 1922 [PART II—Stc. 3(ii)] absentee and that his unauthorised absence period were treated as "Dies Non" works, out to 8 months and 7 days lmm the year 1982 to 1995 and during 1996 to 1998, 62 days as "Dies Non". It is furthei alleged in the Counter Statement, that the First Party Woikman was awarded with the penalty of reduction of his pay by one stage from Rs. 4700 to Rs. 4600 tor six month¹, w.e.t. 1-5-98 under Rule 16 of CCS (CCA) Rules 1965, All these averments in the Counter Statement of the Second Party have not bcwii disputed.

the First Party to compulsorily retire him from ser- vice with immediate effect. Ex. M8 is the postal acknowledgement card for the receipt of Ex. M7 order, by the First Party Woikman. Ex. M9 is the Relieving Order parsed by the Sub-Post Master, Vaniy.iiiiliadi dt. 28-5-99 relieving the bust Party Workman, Shii H. Handoss on the FN of 28-5-99 as compulsorily retired from service. Ex. M10 is the appeal preferred by the First Party Workman to th? Direc+or of Postal Services, Northern Region, Chennai against the order of the Second Party dated 27-5-99. Ex. M il is the proceedings ol Director of Posiol Services, Northern Region, Chennai dated 30-10-9y. Ihe appeal preferred by the First Party vide E.\, M10 was rejected under Ex. M il as it lacks in merit, and the appeal has no valid grounds to intenei e into the proceedings of the disciplinary authority. All these documents arc not disputed by the First Party Workman. He has not filed any document on his side m support ot his version that due to his ill-health, he was obliged to be stayed away bom service iinautJwrjsedly. Further, he has not chosen to go into the box to give any oral evi- dence in support of his stand. Thus, all the docu- mentary evidence have not been disputed by the Fust Pany Workman and they remain uncontravert- cd.

6. The only point 1'hat has been urged by the learn- ed counsel for the Firsi Party Workman is that merely because the First Party had admitted flic guilt. lt~is only minor lapse the disciplinary authority cannot impose a severe punishment of compulsory retire- ment which is equivalent to termination from ser- vice and that the disciplinary authority and the ap- pellate authority have grossly failed to give cogent and convincing reason as to why the punishment ol compulsory retirement has been chosen. He would further contend that the action of the Superin- tendent of Post Offices, Tirupatlur Division in ordering compulsory retirement against the Workman, Shri H. Hajridoss. working as a) Postal Assistant under his con* tiol is wholly arbitrary, illegal and unjustified and that the imposition of extreme penalty itself would amount to victimization and unfair labour practice and it is also "grossly dispropor? onat - to the gravity bf -H/h:yges alleged- against the Workman, Hariddss and h.'ncc this Hon'ble Tribunal should interfere with ihe imposing of punishment by the disciplinary authority by exercising the powers under th& provision under Scction-UA of Industrial Disputes Act and to set aside the said order and to grant a relief of reinstate- ment of service with backwagc-,, with continuity of '•ervicc and vvi'h all other attendant benefits.

5. Jt is the case of the First Party Work- man ihaL during the year 1998, he became unwell and Iv could not report for duty frequently and that on 16-9-98, he was issued a Charge Memo con- taining three articles of charges as (i) his staying away lrom duty from 23-4-98 to 1-6-98 and from the alfernoon of 2-6-98 to 7-6-98 unauthonsedly, £h) paying away from duty unauthorisedly from 8-6-98 to 5-7-98, and from fa-7-98 to 7-7-98 and (iii) had been frequently staying away from duty in dilleient spells during the last nine months from Dfcembe:, 1997. rlh;it Charge Memo is hx. M l. The Ex. M2 is the postal acknowledgement card for the receipt of the Charge Memo under Regd. Posi b> the First Parly Workman. The Ex. M3 is the reply given by the Fiist Party Workman to the Second Party dt. 15-10-98. In that letfcr, the First ]-arty|Workman has admitted all the lluec aiticks of charges and has pleaded for mercy. Ex. M4 is a letter dt. 30-3-99 by the Enquiry Officer to the Second Paiiy. In that, he has stated that the charg- ed government servant has admitted all the charges during the preliminary sitting held on 12-2-99 and hence no lurthcr enquiry was conducted, Alongwith that letter, the records in respect of the entire pro- ceedings has been mbmittcd. From that report, jt is seen that the Enquiry Officer has conducted pro- per and valid enquiry giving the charged official, a fair rind sufficient opportunity to defend his case. The fact ol the charged official accepting all the three charges has bcui duly recorded by the Enquiry Offi- cer and the charged official, the First Party herein has subscribed his signature for the entire proceed- ings h \. M5 is th: letter dt. 15-4-99 sent by the First Party Workman (o the Second Party as his rep- ly for the Enquiry Officer^ Report he received. In that letter, he has stated that he has nothing to rep- resent against the report ot I.O. except what he had already deposed during tlu course of enquiry held ou 12-2-99- He has further pleaded in that letter, addressed to the Second Party to take pity on him and to give him one more chance to make amends and In. promised that he will ncvei let such things happen again. Fx. M7 is Ihe proceedings of the Sirond Paity

7 Th: only thing that has to be considered now is whether the punishment imposed by thi; disciplinary iiuthucify ngaJJibt the Vn% Party Workman, on the basis of his admitting guilty for all the charges alleged .UJ'J against him is amounts to giossly disproportionate to ihe gravity of the charges.

410 Jllb C J A Z E HL OP INDIA: JANUARY 11, 2001/MAOIIA 7, 1922 [PART II—SEC. 3(U)] Ins order, Ex. Mil by rejecting the appeal preferred by the Workman|First P'arty. In view of the above conclusion, J find that the action of the Superinten- dent of Post Offices, Tiiupattur Division in compul- snr'ly letiring the Workman, Sri. H. Haridoss. Postal Assistant w.e.f. 25-5-99 is justified and the First Party Woikmun is not entitled to any relief Thus, I answer tk' point accordingly.

10. In the result, un award is passed holding that the Fiist Party Workman is not entitled to any relief us prayed for. No cost.

Dictaied to the Stenographer, typed by him direct and corrected and pronounced by ine in the open court on this day, the 7th December, 20D0.

K. KARTHIKEYAN, Presiding Officer WITNESSES EXAMINED

For Claimant : None.

For Management : None.

DOCUMENTS MARKED

For Paimant : None.

For Management

Ex. NO. DATE DESCRIPTION Ml. 16-09-98 : Memo No. B/24 to I Paity from the Management.

M2. 24-09-98 : Postal Ack. Card.

M3. 15-10-98 : Original letter from. I Party to the Management reg. proposed inquiry under Rule 14.

M4. 30-03-99 : Original letter No. INQ|IO-2|99 reg. inquiry case of the I Party.

M5. 1504-99 : Original letter from I Party to the Management reg. Inquiry under Ruje 14.

M6. — : Service Book of I Party.

M7. 27-05-99 : Office copy of the procec$jigs bearing Memo No, B|324,

M8. 28-05-99 : Postal Ack. Card.

M9. 28-05-99 : Original Charge Report & Re- ceipt for cash and stamps on transfer of Charge for Memo No. B|3-24 dated 25-5-99.

M10. 23-Of>99 : Catrbon copy of the letter from the I Party to the Director of postal Ser- vices.

M i l. 30-10-99 : Letter No. STC/1 5-171/99 reg. Proceedings.

I'milcd liy the Manager, CJO\1 pf Ii}(Jia Prf9*>, Ring Road, New Dclhi-J 10064 .ini,! Published by ihc Controller of PuHiftjioiis. pelhi-J 10054, 2001

This Gazette may contains Multiple Subjects

REGISTERED NO. D. L—33001/ 2000

PUBLISHED BY AUTHORITY

No. 4] NEW DELHI, SATURDAY, JANUARY 27, 2001/MAGHA 7, 1922

Separate Paging is given to this Part in order that it may be filed as a

separate compilation

PART II—Section 3—Sub-Section (ii)

Statutory Orders and Notifications Issued by the Ministries of the Government of India

(other than the Ministry of Defence)

(261)

?f>*

MlNISTKY 01 POWER

bhadra (U.P.)

(Department of Consumer Affairs)

Nev\ Dellu, the 8th January, 2001

New Delhi the 8th January 2001

S>. '>£r?'*ll-J*5"!; f^^iip)

New Delhi, the 15lh January, 2001

New Delhi, the 15th January, 2001

New Delhi, the 15th January, 2001

New Delhi, the 16th January, 2001

New Delhi, the 16 Hi December, 2001

New Delhi, Uie 17th January. 2001

New Delhi, the 17th January, 2001

New Delhi, the 17th January. 2001

NcwDellu.the 17th January, 200]

New Delhi the 22nd January, 2001

Jurisdiction

1613

New Delhi, the 22nd January, 21)01

New Delhi, thc2Vd Jjiuurv, 2001

Notification

U/S3(l)

Zirad

Gunjis.

02.12.95

3121/15.11.95

18.01.97

100/09.1.97

Tflluka

01.06.96

03.05.97

1515/13.05.96

1133/23.04.97

Raigad state

01.02.97

Maharasfctr"

225/20.01.97

226/20.01.97

3121/15.11.95

1515/13.05.96

corrigenda

225/20.01.97

226/20.01.97

3121/15.11.95

96corrigenda

225/20.01.97

226/20.01.97

3121/15,11.95

96corrigenda

225/20.01.97

226/20.01.97

3121/15.11.95

1515/H.05.96

con igenda

225/20.01.97

226/20.01.97

3121/15.11.95

1515/13.05.96

conigenda

225/20.01.97

226/20.01.97

3121/15.11.95

1515/13.05.96

corrigenda

225/20.01.97

226/20.01.97

3121/15.11.95

1515/13.05.96

corrigenda

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