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 CAZnrrr 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<Te (D^Vn-itcd TADA Court)

at Patiala, Punjab and oHier matter connec-

ted therewith or incidenial thereto.

[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>*

New Delhi, the 17th January, 2001

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.

LNo. 225|29|2(K)0-AVD-il<iv)|

HARI SINGH, Under Secy,

MINISTRY OF FINANCE

(Dcpannicnt of Revenue)

ORDER

New Delhi- the 4th January, 2001

STAMPS

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> :—

(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

(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 Revenue)

Office of the- Commissioner of Central Excise)

Chandigarh, the 24th October, 2000

No.

2/2000-NT(Cus)

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.

[C. No. VII1 (HQ) 40 |1|CUS| 200015486-97]

. H. L. VERMA

Commissioner

(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 Expenditure)

New Delhi, the 15lh January, 2001

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. 4M)-rV/>)5([)]

MOJJLNDER SINGH, Director

266

THE GAZETTE OF INDIA : JANUARY 27, 2001/MAGHA 7, 1922

[PART I I - S E C .

3(ii>]

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^WOHINDER SINGH, Director

MINISTRY OF TEXTILES

New Delhi, Uhe 5th January, 2001

SO.

I2fi.-~ln lHiwUhice of sub-nil; 4 of Rule 10

of the Official Language <vsc Tor 'official purposes of

the Union), Rules, 1976 the

Central

Government

hereby IKI(J fit's1 the following oOiccs under the Ministry

of Textiles whereof more than 80% staff luive acquir-

ed working knowledge of Hindi:—

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.

(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;

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]

P. C. BABURAJ, Postmaster Genl.

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

S.No.

J.

2

3.

4.

5

Nnine and designation ullkei

1

Shri R. Jayarajan, Si". Law Officer,

Kayankuian Combined Cycle Power

Project

Shri Sharadindu Kumar

Tnpathi Manager, Personnel &

Administration Rihand Super Thermal

Power

Project

Shri K.Lmgaiah, Manager,

Personnel <! Administration,

Kamjgund.im Super Ihernial Power

station

Shri S. Manu.

Senior Per-.. Officer, Admn Talcher

Thermal Power Station

Shri Ashok Khaiv Sr. Mgr.

(Training) Badi'rpurThvrmal Power

Station

Categories of Public pn-niNes and local limits of jurisdiction

i

AU land, quarters, estates properties and other accommodation

owned/ leased and rented by Kayankutum Combined Cycle

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-

modation

owned/leased

and rented by

Rihand

Super

Thermal

Power

Project

of

National

Thermal

Power

Corporation L1d. at P.O. Rihand

Nagar, Distt, Sone-

bhadra (U.P.)

All [iremiscs belong to, or taken on

lease by National

Thermal

Power

Corporation

Ltd.

and

under

the ad-

ministrative control of

it,s R.-nn.igunddin

Super Thermal

Power Project

at

Jyoti

Nagar,

District

Karim Nagar,

Andhra

Pradesh.

All

premise

owned/belonging to

or

taken

on

lease by

National Thermal Power Corporation

Ltd. and

Under

the administrative control of its Talcher Thermal Power

Station.

All land',

quarters, estate, properties

and other

accom-

modations

owned/leased

or rented

by

the

Badarpur

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 <niid Model is likch to maintain its accuracv o\ er periods of sustained use and to render accurate sen ice under \ aricd

conditions

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 Metrology

271

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 Mclrology

275

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<inddrds of Weights and Measures (Approval ot Models) Rules 1 lJK7 and

the said Model is likch lo maintain its accuracy over periods ot sustained use and to render accurate sen ice under \ aned

conditions

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)()/ i n

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 Meliologv

277

*i* '•!•.!

S>.

'>£r?'*ll-J*5»!; 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 Metrology

281

2

8

2

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T

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E

G

A

Z

E

T

T

E

O

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N

D

I

A

.

J

A

N

U

A

R

Y

2

7

,

2

0

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—

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E

C

. 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 Metrology

283

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 Metrology

285

I3?kl )3ooi-l|

286

THE GAZETTE OFrMHA: JANUARY 27.2WH/MAGHA 7.1922

IPARTII—SLC. 3<iiM

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:

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 ofthe self-indicating, non-automatic. (Table (op type)

weighing instrument with digital indication of "IFTT" scries of High accuracy (Accuracy class II) and with brand name

••Interface"" (hereinafter referred to as the model) manufactured by M/s. Interface Systems Inc. C-29, Sadli Nagar, Street No. 9,

Paliim Colom. New Dclhi-110 O-U and which is assigned the approval mark rND/09/2000/180;

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 * 10\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 Metrology

289

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 Metrology

291

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 Metrology

293

/ 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 "OPB" 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 Metrology

295

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>l

301

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;

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 for

laying the pipelines;

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

Village

1

Chakdurgadas

District: Midnapur

Jurisdiction

List No.

2

115

Plot.

No.

3

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

833

861

109/899

460/922

State. West Bengal

Area

Hectares

4

C

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

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Ares

5

2

0

9

9

6

2

5

0

0

0

4

02

1

4

2

5

0

2

2

5

0

9

6

2

0

~4

0

10

5

1

0

3

11

4

2

4

6

4

4

6

5

7

3

1

0

0

Centiares

6

41

20

24

56

03

60

10

42

20 '

47

64

50

21

46

32

12

20

55

46

57

23

28

68

04

20

46

74

30

57

30

20

34

00

27

27

78

87

73

59

13

.57

43

57

71

42

65

137 GI/2001—7

110

'! HE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7. 1922

[P'Pi

I'-SFC 3fiiM

1

Ashuda Patoai

2

117

3

4C1-890

402/924

543/923

543/927

88e/E34

19

20

?l

2?

12

24

£5

30

50

t>2

53

54

410

411

412

413

414

4b5

505

ot-2

b^3

556

5J9

•:ai

562

^63

56.1

667

56 a

569

670

5fl4

58t-

58b

fi87

588

58'J

590

591

593

596

597

598

599

4

0

0

0

o

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

o

0

0

0

n

0

0

0

0

0

0

0

0

i:

0

0

u

0

0

0

0 •

0

0

0

0

0

0

0

0

0

fi

1

2

2

a

u

0

3

0

4

0

6

0

0

0

0

8

3

2

4

9

0

14

0

2

l

5

C

4

4

0

3

0

0

3

1

4

4

•J

0

5

0

2

2

2

2

4

0

1

6

67

60

88

33

20

20

71

23

8>

56

31

47

?0

8's

42

7'

38

1-3

3e

83

20

4 1

72

7a

1G

01

23

87

Ot

28

71

83

28

71

86

36

'3

t)9

28

06

09

9C

00

00

78

51

5b

23

36

88

67

311

1

Sallkagar Chak

2

116

3

651

652

853

667

638

669

670

373

674

712

713

714

715

1247

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

1488

1496

4

0

0

0

0

0

0

0

0

0

0

0

0

c

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

0

0

0

a

0

0

A

6

0

2

2

2

0

8

14

2

2

7

1

7

8

1

0

0

0

0

3

4

3

1

0

0

5

0

0

0

3

4

2

0

7

3

3

0

17

6

5

0

1

7

12

1

2

10

6'

6

18

87

78

14

32

92

28

07

11

95

51

20

11

3e

26

20

47

56

20

74

76

64

90

67

88

37

22

20

55

32

34

97

69

20

05

34

02

20

4b

01

52

65

81

71

34

1S

58

6b

312

THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7, 1922

[PARI JI—SH\ 3 (ii)]

1

Garupota Nijzoto

Shallkadhanl Cl^ak

2

121

122

3

173

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

1247

1344

1384

4

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

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

5

0

0

2

1

0

7

2

6

7

3

0

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6

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8

9

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0

7

2

0

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16

0

1

0

8

6

4

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6

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89

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89

85

20

33

20

54

28

96

39

78

76

25

20

34

35

86

37

49

313

1

Laichhanpur

Barbarya Paikbar

Rajnagar Baharjala

Putpute

2

123

124

161

162

3

351

352

356

358

361

362

411

412

413

414

415

416

417

416

988

989

993

1096

354

360

361

362

364

365

367

371

373

374

375

381

382

•

383

384

387

127

473

474

575

576

1

810

813

814

815

817

816

819

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0

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0

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0

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0

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4

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0

4

3

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1

3

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1

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20

25

42

49

23

20

22

06

59

20

41

51

20

93

60

20

98

03

20

03

19

49

49

74

86

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99

49

18

87

36

23

46

99

75

02

71

08

49

05

94

02

42

83

20

29

86

3J4

THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7, 1922

[PART IT—SEC. 3 (li)]

1

2

3

824

827

828

829

833

841

870

874

876

876

880

881

882

883

884

950

951

952

986

1024

1025

1028

1027

1028

1029

1030

1055

1073

1074

1079

1474

1476

1476

1477

1478

1480

1484

1507

1525

1526

1S30

1533

1543

1544

1650

1561

1552

1553

1564

1603

1610

1611

4

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

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

5

2

0

4

0

12

0

11

2

1

7

3

3

3

0

13

2

5

1

6

3

3

2

3

13

1

3

0

0

0

2

2

2

0

6

0

3

4

3

1

0

7

4

6

0

1

7

4

6

1

0

3

e37

20

46

20

81

51

54

23

46

53

24

3P

85

34

20

27

41

38

G7

20

44

71

65

57

23

00

02

21

20

48

88

• 76

27

20

50

23

71

57

29

21

70

75

92

82

20

17

10

51

• 85

81

56

95

315

1

Putputta

2

:163

3

1613

1614

1619

1R20

1626

1628

1905

1909

1917

1922

1926

2077

1551/2103

1611/2106

1613/2168

829/2074

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

1592

1596

1597

1603

1604

1606

4

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

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

5

6

10

4

2

2

0

0

5

0

0

2

5

3

3

0

2

3

1

2

0

0

18

3

9

3

0

0

1

6

5

1

2

0

8

6

7

0

3

1

5

11

4

0

3

2

2

8

1

0

2

7

6

08

30

62

95

51

98

76

49

20

37

84

48

90

09

20

23

02

72

05

20

20

64

45

75

29

20

20

95

68

08

08

36

53

35

13

93

20

45

67

01

37

57

24

27

42

05

35

11

73

03

10

316

THE GAZETTE OF INDIA ; JANUARY 27, 2001 MAGHA 7, 1922

[PART II—SEC, 3 (ii)]

1

Purbanukha

Kalikapur

2

255

256

3

1607

1608

1609

1613

1614

1615

1622

1636

1637

1638

1639

1640

1616

3131

3248

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

1

2

116

117

118

123

124

125

127

128

4

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

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

5

2

6

2

4

4

0

6

3

2

1

1

5

1

1

0

0

2

9

6

6

1

2

5

0

8

1

7

5

2

4

2

4

4

3

1

1

6

11

4

9

4

4

0

10

0

5

1

0

2

4

6

83

32

84

05

50

98

29

29

17

86

76

71

08

39

20

32

37

47

22

• 26

67

78

01

98

17

16

24

85

92

59

51

08

73

53

95

58

13

14

73

00

46

08

23

35

42

10

81

30

78

18

317

1

2

3

158

1S9

160

1C2

183

165

166

167

185

186

187

197

198

199

200

204

205

220

222

223

224

226

-

228

229

250

251

252

253

254

256

265

642

643

862

865

866

867

868

869

870

871

872

873

874

878

894

895

896

897

900

901

902

4

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

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

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5

1

5

1

4

7

0

1

2

3

3

0

1

1

5

4

2

6

3

2

7

5

4

3

4

0

4

1

4

5

5

0

0

0

1

1

1

10

0

0

2

10

0

0

2

0

1

1

9

5

4

4

4

0

6

11

89

35

04

80

52

95

53

71

71

85

53

76

36

50

46

64

34

09

66

94

51

57

78

20

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73

10

20

83

23

88

39

71

95

21

70

70

27

OB

20

93

62 .

79

11

53

93

01

83

64

83

81

137 GI/2001—8

11K

THE GAZETTE OF INDIA . JANUAkY 27, 2001 MAGHA 7, VJ21

IPuu 1I--S&-. 3 (ii)]

1

Jayknshnapur

I\.'iriKptjr

2

257

261

3

954

955

956

957

124/1089

16,2/1098

163/1099

878/1113

9S5/1115

955/1H6

282

253

?84

237

288

2G'i

2b5

256

2<57

299

301

208/998

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

936

937

938

939

940

4

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

u

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

5

0

5

7

2

3

3

4

1

3

0

4

0

0

8

7

13

1

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7

2

4

4

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1

0

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3

5

2

2

2

0

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3

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0

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1

2

6

20

48

98

65

48

53

32

41

90

20

07

89

88

47

66

50

95

64

20

32

41

60

30

56

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20

85

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69

81

14

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51

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05

66

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78

14

70

15

20

23

20

83

86

62

319

1

2

3

941

942

943

950

951

952

955

956

957

959

960

961

962

963

• 964

968

992

993

994

995

996

997

998

999

1186

1187

1188

1468

1494

1495

1496

1497

1501

1502

1527

1528

1529

1530

1532

1533

1534

1535

4

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

0

0

0

0

0

0

0

0

0

0

0

0

0

5

1

2

4

0

5

0

1

5

3

1

3

1

1

6

2

2

3

4

4

0

0

1

3

3

0

5

9

0

0

5

2

0

7

3

0

8

0

1

3

5

0

4

6

44

18

23

74

89

20

25

08

46

81

02

11

39

36

32

90

09

01

46

20

28

28

42

80

42

90

38

83

80

68

41

20

64

39

99

43

74

26

11

79

20

20

VO

THE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922

[P,lRT II—SEC 3 (it)]

1

Bar Basanta

2

262

3

1640

1W1

1542

1544

17-10

1741

1744

1/45

1746

1747

V49

1750

1819

1821

1822

1824

1825

1826

1000/2780

921/2824

94V2779

::32

273

274

276

?77

278

279

288

289

290

291

293

294

295

489

b48

4

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

0

0

0

0

0

0

0

0

5

5

4

0

7

4

2

0

6

0

0

12

0

0

4

5

0

2

2

0

3

0

4

0

6

3

5

2

0

0

4

1

0

3

0

3

1

2

6

62

7.1

61

18

Uf

83

47

28

20

20

72

20

20

90

29

35

75

48

20

16

64

13

72

14

71

68

65

50

99

46

43

56

16

?1

65

21

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)l

323

.124

THE GAZETTE OF INDIA : JANUARY 27. 2001 MAGHA 7. 1922

TPAKV IJ—SEI-. 3 ('li)l

325

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

JANUAR\ 27, 2001 MAGHA7, I'J22

IPARI H—Sn M«)l

Gchauule

Police Station Mahishaclal

Village

BaTiunya

District

MidnapL'

Jurisdiction

List No

2

134

Plct

No

3

1232

1263

1284

1J65

126^

1236

12C&

127C

1271

1275

1?76

127^

127B

1296

1297

1298

1300

1301

130:

130:

1307

1308

131?

1318

1319

1320

1323

1328

1381

1405

1406

1407

1415

1416

1419

1420

1421

1431

1433

1438

1464

1498

1502

1503

1504

1505

1506

1507

State

WestBerga!

Area

Hectares

4

0

0

0

0

0

0

0

0

0

0

0

0

0

0

o

n

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

0

0

0

Ares

5

7

10

5

1

0

7

1

0

0

0

<•>

3

1

1

3

0

0

1

2

3

7

6

6

0

4

0

1

2 '

0

0

6

11

0

15

!

4

3

0

8

3

0

1

0

2

3

1

1

2

Contiares

_ .

00

02

39

58

20

04

b2

76

30

92

50

15

95

3/

8?

70

20

93

31

21

18

64

82

60

78

20

02

41

87

23

68

79

20

36

80

55

40

96

31

69

76

43

20

38

57

78

33

00

329

1

Keshabpur Jalpai

_

.

2

133

.

3

1608

1509

1510

1511

1512

1596

1609

1611

1612

1628

1629

1630

2248

2249

2251

2284

2289

2290

1316/1966

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

776/3079

786/3080

786/3081

d

0

0

0

c

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

0

0

0

0

0

0

0

0

0

0

0

0

0

"'0

0

0

0

0

— •

5

2

0

4

7

1

3

0

9

1

14

5

0

2

2

5

3

2

2

5

4

4

,4

2

3

3

11

0

7

10

14

0

0

0

12

6

2

9

4

1

5

6

0

1

9

1

9

4

- 17

3

7

0

6

97

20

83

01

96

39

30

93

78

93

03

32

25

04

43

01

63

35

75

64

64

18

88

61

67

65

61

47

21

52

91

20

69

99

68

78

82

36

95

26

72

28

81

92

97

15

' 55

92

36

33

20

__ •——•

"Ho

THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7, 1922

[PART II—SE<- 3 (ii)]

1

Kanchanpur Jalpal

2

132

3

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

1336

1337

1338

4

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

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

5

2

0

18

6

3

19

3

0

3

15

0

13

1

0

0

5

0

7

7

6

3

2

0

0

0

3

5

2

11

1

0

0

3

6

4

6

7

0

1

0

0

6

1

0

9

2

2

3

0

3

6

6

14

20

01

77

80

33

79

56

99

41

20

55

91

20

87

75

57

71

89

87

44

20

48

95

56

56

46

78

21

13

20

20

29

85

57

03

52

58

75

• 20

28

68

62

20

26

23

60

67

20

44

03

331

1

Rajarampur

Dakshin Kashim Nagai

2

•—'

130

129

3

U07

174/1282

175/1283

178/1284

710/1383

711/1384

714/1386

715/1387

2859

2860

2861

2863

2864

2865

2868

2903

2945

7

8

9

10

20

21

22

25

28

29

30

32

37

42

43

44

45

47

68

67

68

69

72

73

74

75

76

77

78

79

80

81

145

272

.

4

• 0

0

0

0

0

0

o-

0

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

5

0

1

8

5

4

4

5

0

4

5

0

2

0

0

16

0

2

6

0

5

0

6

1

4

2

1

2

0

0

0

1

4

4

1

1

3

3

2

0

0

0

2

3

1

2

1

1

1

3

0

1

_—-

6

34

97

17

04

83

01

20

80

83

38

30

25

20

20

57

20

78

11

98

20

83

50

28

13

94

76

19

20

57

20

24

36

04

53

29

32

71

30

20

21

23

66

44

53

35

74

46

86

40

20

36

^ 2

-THE GAZETTE OF INDIA : JANUARY 11, 2001 MAG HA 7, 1922

[PART II—SW 3 (iiM

1

2

3

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

4

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

'

0

0

0

0

0

c

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

5

1

1

4

6

4

1

1

0

6

2

7

5

e

3

I

0

3

1

2

4

5

4

9

20

0

3

0

6

2

3

1

5

2

2

3

4

0

2

0

4

7

8

4

8

6

14

14 •

64

50

01

08

20

7,1

96

42

66

06

87

68

20

13

86

62

83

00

75

70

14

32

•34

43

60

78

71

33

99

05

69

15

35

20

04

20

75

66

09

18

41

[NO R-31015/2/2000-OR-1]

S Chandrasekhar, Under Secy

133

137 GI/2001—10

Tt4

THF GAZETTE OF INDIA JANUARY 27 Pool MAGHA 7 '^22

[ P M U I I - S M

1 (u)|

335

'™

THE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922

[PART II—Si-r 3 <ii)l

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

1 Sr

N

1

.

01

Name

of

Village^

W

Gunjis.

Mandal

3

Zirad

Tflluka

Alibag Dist.

Raigad state

Maharasfctr«

Notification

U/S3(l)

Date of

publicat

ion of

Gazette

(4)

02.12.95

01.06.96

01.02.97

So No

Date

(5)

3121/15.11.95

1515/13.05.96

corrigenda

225/20.01.97

226/20.01.97

Notification

U/S6(J)

Date of

publicat

ion of

Gazette

(6)

18.01.97

03.05.97

03.5.97

So No

Date

(7)

100/09.1.97

1133/23.04.97

1132/23.04.97

Date of

termination

of opeiatioti

(8)

25.5.98

337

1

02

03

04

05

06

07

08

2

Tudal.

Bhal.

Mann.

Warsoli.

Mule.

Veshvi.

Gondhl-

pada.

3

Taluka

Alibag Dist.

Raigad state

Maharasht'o

Taluka

Alibag Dist.

Raigad state

MaharastiTra

Taluka

Alibag Dist.

Raigad state

Maharashtra

Taluka

Alibag Dist.

Raigad state

MflharasHfa

Taluka

Alibag Dist.

Raigad state

Maharashtra

Taluka

Alibag Dist.

Raigad state

Maharashtra

Taluka

Alibag Dist.

Raigad state

MaharasMx?

4

02.12.95

01.06.96

01.02.97

02.12.95

01.06.96

01.02.97

02.12.95

01.06.96

01.02.97

02.12.95

01.06.96

01.02.97

02.12.95

01.06.96

01.02.97

02.12.95

01.06.96

01.02.97

02.12.95

01.06.96

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

3121/15.11.95

1515/13.05.96

corrigenda

225/20.01.97

226/20.01.97

6

18.01.97

03.05.97

03.5.97

18.01.97

03.05.97

03.5.97

18.01.97

03.05.97

03.5.97

18.01.97

03.05.97

03.5.97

18.01.97

03.05.97

03.5.97

18.01.97

03.05.97

03.5.97

18.01.97

03.05.97

03.5.97

7

100/09.1.97

1133/23.04.97

1132/23.04.97

100/09.1.97

1133/23.04.97

1132/23.04.97

100/09.1.97

1133/23.04.97

1132/23.04.97

100/09.1.97

1133/23.04.97

1132/23.04.97

100/09.1.97

1133/23.04.97

1132/23.04.97

100/09.1.97

1133/23.04.97

1132/23.04.97

100/09.1.97

1133/23.04.97

1132/23.04.97

8

25.5.98

25,5.98

I

I

I

25.5.98

;

r

!

I

I

I

25.S.9S

i

25 5.98

25.5.98

25.5.98

118

THE GAZETTE OF INDIA JANUARY 27, 2001 MAOHA 7, 1922

[PARI II— Sue 3 <ii)l

1

09

10

11

12

13

14

15

16

2

Kurul.

Belkade

Dhavar.

Sahan.

Kavir.

Baman-

Gaon.

Vadhv.

Velha-

Vali.

3

Taluka

Alibag Dist.

Raigad state

MaharasHtm

Taluka

Alibag Dist.

Raigad state

Maharashfri

Taluka

Aiibag Dist.

Raigad state

Maharashtra

Taluka

Alibag Dist.

Raigad state

MaharashTrt

Taluka

Alibag Dist.

Raigad state

Maharashfrq

Taluka

Alibag Dist.

Raigad state

Maharashtra

Taluka

Alibag Dist.

Raigad state

Maharastitrq

Taluka

Alibag Dist.

Raigad state

Maharashtra

4

02.12.95

01.06.96

01.02.97

02.12.95

01.06.96

01.02.97

02.12.95

01.06.96

01.02.97

02.12.95

01.06.96

01.02.97

02.12.95

01,06.96

01.02.97

02.12.95

01.06.96

01.02.97

02.12.95

01.06.96

01.02.97

02.12.95

01.06.96

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.

96corrigenda

225/20.01.97

226/20.01.97

3121/15,11.95

1515/13.05.

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

225/20,01.97

226/20.01.97

3121/15.11.95

1515/13.05.96

corrigenda

225/20.01.97

226/2 0.01.97

6

18.01.97

03.05.97

03.5.97

18.01.97

03.05,97

03.5.97

18.01.97

03.05.97

03.5.97

18.01.97

03.05.97

03.5.97

18.01.97

03.05.97

03.5.97

18.01.97

03.05.97

03.5.97

18.01.97

03.05.97

03.5.97

18.01.97

03.05.97

03.5.97

7

100/09.1.97

1133/23.04.97

1132/23.04.97

100/09.1.97

1133/23.04.97

1132/23.04.97

100/09.1.97

1133/23.04.97

1132/23.04.97

100/09.1.97

1133/23,04,97

1132/23.04.97

100/09.1.97

1133/23.04.97

1132/23.04.97

100/09.1.97

1133/23.04.97

1132/23,04.97

100/09.1.97

1133/23.04.97

1132/23 04.97

100/09.1.97

1133/23.04.97

1132/23.04.97

8

25 S.9S

25 5 98

25 5 98

2 5 5 9b

25 5 98

IS 5 98

25 5 98

25 5 98

1

339

V

17

_ _ _

2

Khan a v

3

Taluka

Ahbag

Dist.

Raigad

state

Maharashtra

4

02.12.95

01.06.96

OJ.02.97

5

3121/15.11.95

1515/13.05.96

corrigenda

225/20.01.97

226/20.01.97

6 .

18.01.97

03.05.97

03.5.97

7

100/09.1.97

,

25 5 98

1133/23.04.97

1132/23.04.97

[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

M l

137GI/2001—11

"42

J™£^™sEi^i^HARY27120^^KA 7. ,M2

JPAh. II StC-. 3 (ii)l

143

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)l

347

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;

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

359

Schedule

Police Station Nandakumar

Village

1

Kalyanpur

District. Midnapur

Jurisdiction

List No.

2

125

Plot.

No.

3

3

369

386

387

388

390

391

392

393

487

489

490

493

496

497

498

499

500

501

502

510

636

637

638

839

640

641

649

•

650

651

1329

1378

1384

1385

1388

1387

1388

1443

1444

1445

1446

1451

1452

1457

1458

1459

1460

1461

State . West Bengal

Area

Hectares

4

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

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Ares

5

0

2

0

3

3

4

0

6

4

3

9

0

3

3

1

2

1

0

5

7

1

0

3

3

0

2

0

8

1

0

2

6

3

0

2

0

3

3

2 •

4

3.

6

0

5

0

1

1

1

Centiares

6

70

36

20

13

53

•18

83

45

39

88

93

32

23

24

16

37'

45

25

63

04

95

20

00

86

23

16

20

63

74

20

33

00

34

20

29

20

44

15

53

21}

04

03

'23

65

20

19

72

70

V,()

THE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922

[PARF II—SM\ 3 <ii)1

1

-

,

2

3

1—-

• -

_

1462

1481

1482

1483

1486

1487

1489

1490

1492

1493

1494

1608

1509

1510

1511

1512

1514

1519

1520

1521

1925

2094

2095

2096

2097

2098

2099

2100

2106

2106

2107

2108

2110

2161

2162

2163

2164

2165

2168

2607

2611

2612

2613

2614

2615

2618

2630

2631

2632

2633

2634

2635

4

~

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

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

5

•

II I

10

0

3

0

1

2

1

4

0

3

0

17

0

11

0

0

2

1

3

0

8

2

0

0

1

3

1

9

0

3

5

0

g

0

2

5

0

0

5

0

0

7

2

0

0

3

0

6

5

1

6

6

05

20

47

19

20

14

29

11

61

42

52

20

82

20

42

35

28

62

13

62

91

71

09

20

20

07

19

62

86

57

92

71

56

19

47

63

97

67

20

76

98

20

15

42

24

20

90

70

85

52

39

07

361

1

Madhabpur

2

122

3

2674

2683

2684

2688

2689

2692

2693

2694

2695

2696

2697

2698

2699

2706

2707

2708

2709

2710

2717

2718

3674

168

169

170

202

210

213

214

215

216

217

220

221

222

248

249

250

251

257

300

301

302

307

308

309

310

311

338

339

340

342

4

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

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

5

0

0

0

4

2

1

2

3

1

0

6

0

2

2

2

2

0

1

1

1

3

1

1

1

5

9

1

1

1

1

0

0

5

7

0

0

11

1

18

5

13

0

5

3

3

0

0

1

3

0

4

6

20

20

20

48

04

90

08

53

86

20

10

49

69

72

53

88

77

33

16

51

29

86

67

67

75

47

76

90

30

58

83

58

85

43

35

20

98 •

24

19

20

04

69

86

76

90

20

20

00

90

43

64

M>2

THE GAZETTE OF INDIA

JANUARY 27, 2001 MAGHA 7^ 1922

IPART II—SEC 3 (n)]

1

Sandalpur

2

121

3

343

370

371

372

373

374

375

377

378

379

381

382

384

385

3067

3082

3092

3094

3095

3096

881

882

883

886

887

888

917

918

919

920

925

926

928

929

931

932

933

936

1062

1063

1064

1066

1075

1077

1078

1079

1082

1085

1087

1088

1089

4

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0 7

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

0

0

0

0

5

3

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164

THE GAZETTE OF INDIA JANUARY 27. 2001 MAGHA 7, 1922

[PART II—SEC 3 (ii)]

1

Bhabanlpur

2

73

3

1874

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THE GAZETTE OF INDIA

JANUARY 27, 2001 MAGHA 7, l'J2?

| P \i* i II—Si<

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1

Kalyanchak

Shayam Sunder Pur

2

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1 HE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922

[PART II—SFI- 3 (H)1

1

Rajanagar

Pandab Basan

2

68

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3

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THE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922

|PARI II—She 3 (ii)|

1

Chak Shimulya

2

14

3

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359

360

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172

THE GAZETTE OF INDIA : JANUARY 27, 2001 MAGHA 7. 1922

[PART II—SEC. 3 (ii)l

1

MallikChak

2

20

3

233

253

256

257

258

259

260

261

262

263

264

265

336

337

338

339

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804

806

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816

817

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178

179

180

181

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186

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316

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137 -GI/2001—15

17-1

THH GAZETTE OF INDIA

JANUARY 27. 2001 MAGHA 7, 1922

|PARI II—SL<\ 1 (ii)]

1

baich Berya

2

17

3

317

322

323

324

325

326

327

328

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891

892

893

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953

955

958

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1063

1064

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58

59

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61

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72

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148

179

180

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208

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210

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1285

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17(.

THE GAZETTE OF INDIA . JANUARY 27. 2001 MAGHA 7, V)12

| PAR Ml—SI.' 1 (ii)|

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Ft

[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 <he

Industrial Dispute Act, 1947 (14 of 1947), the

Central Government hereby publishes the award oi

the

Central

Government

Industrial

Tribunal|

Labour Court, Kanpnr as shown in the annexure

in the Industrial Dispute between the employers in

relation to the managemnt of Punjab

National

Bank and their workman, which was received by

the Cen.tral Govemmnt on 22nd December. 2000.

[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 I2-6- Q8. has referred the following dispute

for adjudication to this Tribunal :

Whether the action of the management of

Regional

Manager,

Puniab

National

Bank, \gra in not promoting the work-

man Sh. Satish Kumar from

1992

is

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.

m oi/2oni— IA

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

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 NK.

Sinjh

HP wn<- proceeded depirtmentallv and

lat'jr dismissed from service.

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.

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 the

379

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<iit Books were kepi by the Asstt. Manager, Kamle^h

Dewan. S. K. Kashyap was aware that the key of the drawer

woi used to be kept in another drawer of the tible. Likewise,

11 K. Gautam was also familiar wjth the winking pud

practices followed in the said branch.

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.

8. On the basis of this confession and altendhg ciicum-

•tauees, S. K. Kashyap together with N. K. Singh and H. K.

Gi U.im were held involved in theft of blank Demand Duft

leaves, and forgery eti\ Allo, Kamlesh Demand, P. K Pandey,

Satish Chand Batra and Sanjay Lakara held negligent m

discIi.irKinp their respective duties. Thus, tlu In1.- ligatiiiR

autboi itics, recommended handing over the rase to CBI bv

litter

No.

VIG/UP/934/554

dated

26-12-1991.

Al-o.

management was asked to suspend H, K. Gautam, and to

post S. K. Kashyap in non senstive area. This was primarily

because the investigating authorities desired lenipnev in hi-,

case, for reason of his cooperation in rcvealTna tiul'i, and

helrtitij; in solving the incident.

9. 1 he management waited CBI action for about 6 years.

Ultimately, the CBI declined to investigate the case on plea

that the amount involved in this case was less than Rs. 10.00

lakhs as stated bv MW-3 H Rehman, Industrial Relation

Officer, Bank of India. H. K. Gautam was olruud sheeted

hut in some other case, he was removed from sewiVe so

fuithei enrjuiiy could not be purnied. However, an adminis-

Irativi.1 enquiry was initiated against the workman S K.

Kashyap In which he was held guilty and dismissed from

service. Being aggrieved, this industrial dispute has been

raised by him.

10 On fairness of the domestic enquiry, this Tribunal

In ard parties and came to conclusion

bv c\ler

dated

14-1-2000, holdinc domestic enquiiy defective one. Then

nftei

the manflcement desired to adduce ficsli cvid"'ice

hffoi "• the Tribunal

to substantiate churpes

and

jnsiifv

nimis^ment order. A- mrvnv a<: nine documents mentii.ni.-iI

in application dated 5-4-2000, were relied by the mannse-

ment m domestic enquiry. Details of these documents would

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<gainst him is not appiopriate, b-einu; beyond the

scope of this reference.

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,

H. MW-1 T. K. Chaudhry further stated that the woikman

S K, Kashyap had ai rived in his office, three-four days

before and desired to make confessional statement. He was

risked to give fresh thought and (o come later, as his con-

fession could recoil and harm him This fact Is also stated

by MW-4 Raj Bahadur, Above facts have not been denied

by defence and can be accepted as proved, This gesture of

'MW-1 indicates that he was not prejudiced agjifist the

workman and was also not in hurry to iccord his con&^lon

He took precautions to w.irn the workman, desiring hhri tt>

confess after another thought. MW-! honestly stated that

at the tinu1 making confession, the workman was tmprcheusive

of police action Whether this thought in the mind of the

workman was not material in view of circumstances agai'.lit

him, is needed to be seen,

Id Thf1 woikman, S K. Kashyap, appealing as defence wit-

n'v; rcvcdlerl befoie this Trihunal, of having been threatened

h\ MW-1 and-jailing of police on phone. This fact does not

rinJ ltteience in cltiim statement or anv olher document.

Th-'s nle;j was taken foi the fust time and, so, apparently is

an after thouuht.

If above two I'eisions one by MW-1 and

olhei bv DW-I be scrutinised, it is evident that MW-1 made

inirhful statement and defence came with a new version. In

fact, theie weic no threats compelling the workman to make

contcsMOi'. Had it not heen so, MW-1 could not have cau-

tioned him tvrlier and asked to come later. The circumstances

indicate ih it the woikman was driven by the adverse eiicums-

l.mu". inn! w.is kei'n 1n seek puiii-Llion by lendeiini: coopc-

r,ii»-.n in ilu1 infiiU-M.

Sii> li nnidiifl \vii nm unnamial nor is

Mifh'.ii1!1! 1c piuvo pies'ine or (.ooicion iiivunsi, the workman,

forcing him to confess.

380

THE GAZETTE OF iNDJA : JANUARY 11, lOOt/MAGHA 7, L92Z

[FART ii- -SJBC. 3(ii)J

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.

IS Tlie fact that the workman was given speciiic questions

artd was asked lo reply in wilting, wnich he icadiiy did. is

uimeiiui.

incie is no maienai available to warrant inference

U..:t ttie v orkman was coerced to write lurored versions. Also,

theie is nothing to justily mreroncc ot prejudge aguinst I lie

wciknwri or lo thrust concocted veisions in written replies.

1L ppjuiis that ihe workman was a suspect and he was mtei-

I'lgdicil

At tirsi, he became angry but on making awaie

wait other evidence available against him, he changed his

mmd and taidiiy started cooperating in investigation and con-

fessed his complicity. The authoiities were required to cau-

tion him and iviVV-i iiutiiled this obligation m sendmn him

b.ick io think again. Despite this caution, the workman con-

fc-scd hin complicity after tew days. Also, he did not complain

oi any high handedness on the part of the investigating autho-

rities, ki his own administrative superiors.

1 hese tacts and

circum1 lances lead to only inference that the confei.sion was

•voluntary nnd true versions were given by the workman.

19. Mr. A. C. Gupta defending the woikman, submitted

that the management story is factually incorrect. He- pointed

cut tli.it Demand Diaft leaf No. 9926 was. not part of the

uinent Demand Draft Book and so kept in alnu'rah under

joint custody.

Thus, the icmoval of this leat on 2-3-lVi'Z

was n(i; possible. Mi. kdtnlcsli Dewan uppeaitd as a witness

out I c vas

not .specifically suggested

on this point,

Mr.

Kamlesh Dcwan wa* also cliarcp sheeted for neftligeni.;.

II

miv bt- that he used to keep Demand1 Draft Books, not in

IT>C, in his locked diawer and such had been the prevalent

gracticf m the branch.

It is no body's case that Demand

jJraft Jei'l 9026 was removed ill a Inter date.

Had it been

MI, die n: .naBement could hnve flamed its slury in different

nmnner-

>1\. M-l the rcpoit prepared by the Investigating

Tcatti, tpkes care of this fact,

20 Mr A. C. Gupta contended that H. K.. Gailtani COUIL

noi liuve been present at Kumrahwan branch lit 10,00 AM ,

hfid lie bten at Snrojni Nagav Branch around 5,30 A.M. Tins

sufanissibn appears sound on iis face value but the statement

ot MW-2 and MW-5, if i*ead together, give a different DiCture.

According to MW-5, the office space at Sarojni Nagaf Branch

was t'hcuf 2000 Sq. l-cet and its cleaning exercise used to

tnke more than an hour. The office used to be opened 'round

8.U0-y.j() A.M for clcaninj: work, to facilitate public woikinij

in time. In this conteAt, it can not be ruled out that uctv.u

intuirnt might have taken plai:c any time before 9.00 A.M.

11 J\fW-5 also stated that H. K. Oautam was known t»

him nnd ho used to come by motor cycle.

'Ihere is no

denial oi this fact,

It was not improbable to negotiate dis-

tance between Saiojni Nagar and Kurrirahwas bniich fi:

motur cycle in an hour or so, to icach in tinr.e- In village

branches, punctually is casuality in General and delay for Iulf

nn hOLr or so, matters little.

In any event, this factual

riopusition set up by defence id not sufficient to defeat man-

agement's case, based on tiue disclosures Of the workman.

22 It is also

.submitted that two other employees a.c

ihown j.iwnt at .0.10 A.M. in the ArUTidaikV RLei-tcr.

It

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.

24. Mitch has

been argued that Nil.

lJudmanab • ^ cf

Kunitolnvah Blanch with H. K. Guutum rrhdc venflc;ui<jn of

UeiiiOrid Draft sto;k and did not hnd anything poim.nj, cut

tuwarJs the alleged- their, which had allegedly tuk<;n plucs

cailicr to the venficjtion.

H. Ji.. Gautam fironlpitfu this

vcnhiiition and was actively participated in ,t.

He w<is u

i.O;.spii'aloi and might hiv*: initialed this, c.uivis^ io ut*feat

evidence of his complicity.

This Verification was not com-

prchenpive as the tactum ot theft ot unused w ves, wai. not

known by them. This submission can not be cverwei"Ji:;d ia

face of convincing evidence as discussed above.

25. lv summarise; it has been held that the workman >•• K.

KasTiyjp was a hquoi addict, always in due n-ed ot ii ouey

t.ud tilso had close proximity with H. K, C..atam,

i-J. K.

Gautrm had been in jail pieviously and nis. iinlecedenl, ic-

m ined unchallenged.

He and th; workiflau were u.iocini^d

\VJ!II ca^h division ot the branch and utrei' ihe tr.njfoi nf

H. K. Giititant, the workman remained associated. N, K. Singh

w.ia conimaie oi H. X. Gauram M iail and tins Lit is ilot

cliullcnpcd.

H'ls name h'gured1 in the irtcuiyjtoiy .tuUnient

of thn workman.

There ate no circumstances, to warrant

infertile? that the management introduced N. K. S'tijih In

fasten the workman. The wolkmnn, obviously, was rti.'livstrd

to make true diselosine of incidenrs and theie was no ajOlive

on the ptrt ot the mlanauoment to (.oncort a 1-i.se CH[S OI to

implicate the workman.

Revealations by the workman was

in his cwn handwriting and Ihcio i., nothing to sDjicf t that

(he conkisional version were put Lo his m.iij under some

ihreai. He was cautioned by MW-1 when he first 'Ptioi"hea

lo nn. kt confession and sufficient .ir.ie was yVen to him 'o

fe-lhink.

Theie are no marerials io shuw tint duii> • ihii

ptmid, in between (wo visits of the workman to M^v'-S, ho

vuis under watch.

The woikman did not vi<mplain oi any

Ihreut i..' coercion to any adminislaitivc ai'thority oi the

union fVnetionaiies til) ovid'enco HI oiis piocccding. U is Put

donitid that he h a lcl'l hander.

Mi T. K. (Jiaudlv / was a

ViJry 'en'oi officer and had no motive 'o [ .s,clv implic.ile

him.

What he and the special itwcbtisuluih o'lunr oesjie^i,

to woik out truth. They tiiod lo save the workman for his

willi'l ccopeiation in unfolding the fj^ts.

It is :iol tiuStwort']/

ihat he wus offered to be appiov^r, as llrs ooiiiae coi.lt! ra\o

arisen only when CBI had taken t!'c cas<-.

26. Thus, the mate-rials on record coupled with the circums-

tances, point (onvicingly, that the workman w.;s. in/oktd in

the lemovol of blank Demand Draft leaves, which w-iv uHi-

mntelv foiged and resulled in cheanng the ta^.k.

Th^ com-

plicity of Ihe workman S. K. Kshyap prove the charges. These

matetiuk are sirflicient to wariu.it inference I?SMITISI S. K.

Ki'thvap nnd there is no escape but lo hoU »nm haviim rcm-

mittcd gravo misconduct, betraying faith reposed in him by

the infnajfement.

The management liflhfl,' to ~k scrjjus view

and punched him with dismissal.

27. As discussed above, the workmar S. K,. Kjshyr.p is noi

cnliiled tc> any relief.

2S. Award as- above

RUDRFStt KUMAR. I'lesiilm- Clntcr

M>\

New Delhi, the 2nd January, 2001

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

Industrial Dispute No. 104 of 1996

In the matter of dispute between —

General Secretary,

U, P. Bank Employees Congress,

2)363 Namneir, Agra.

AND

Regional Manager,

Punjab National Bank

Regional Office, Sanjai Place,

Agra.

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^ ?

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.

4. Reference is answered accordingly.

R. P. PANDEY, Presiding Officer

New Delhi, the 2nd January, 2001

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

C. GANGADHARAN, Under Se-jy.

38"!

THE GAZETTE OF INDIA : JANUARY 27, 2001/MAGHA 7, 1922

[PARI II—SEC. 3(ii)j

"\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"

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,

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

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.

4. Accordingly it is held that the

concerned

workman is not entitled tor any rehel for want ol

pleadings and prool and also lor the reason that

the daim is not being pressed by the union

5. Reference is answered accordingly.

R. P PANDEY, Presiding Officer

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-12O12/288/97-IR(B1IJ1

C GANGADHARAN, Undu Seey

ANNFXURX

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

BETWKFN

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,

rentnl Bank of India,

V2/18-B Jhansi Road.

fhansi

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-

"'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

<eher tl e said workman is entitled '"

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,

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.

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 W 1 and filed 24 docum-nK mniked is

bxt M 1 to M-24 in suppoit of its cise

6 T have heard the authoi ised representative for both the

pirtie, ni>d have pene through the lecord of Ihe ense

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 I D 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

Illli C A ; : L I 1 E 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

<iny iiocument to show that any post of water boy cvei exist-

ed in Central Bank oi India. The management plu.dod in

its wnttwi statement that post of waicr hoy did not ^xist m

L trawl Bank ot India at Orai 01 m its extension

cuiinlei

Gar.ohi Mahavidyalayay Orai. Sri Dwivcdi MW1 the then

Bidncli Manager ot Orai Bianch of Central Bank oi Ind ,i

bLued on oatli that he woikcd us Bianch roanayci in Ccn"•. 1

Bank of India Orai Branch fiara November 1993 to August

1997 and the extension counLei of Gandhi Mdii mdy-ilayu

Oiai was lunclionJng undei his control and nu post olwatet

boy ever existed in the Ccntial Bank of India.

The i ep-

ic trtativi. an I he workman h i> 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<is not paid

salary for any post but was paid cost of the water which

he letclied for the employees of the bank, in a casual manner.

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

ADJUDICATION

BETWEEN

The President,

Central Bank tmpioyees1 Union,

5/700, Vlram Khand,

Gomti NHgar,

I ucknow.

AND

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;

"Whether the action of Ihe management of Central Bank

of India in not considering Shri Phateh Singh,

Steno for the post of Steno Officer is bjal end

justified in terms of promotion policy of the bank '?

If not, to what relief the said workman is entitled ?"

2 In between the management of Central Buik of lndkt

and its workman, represented1 by the All India Central Bank

Employees Federation, an agreement was arrived nt December

20, 1975, superseding all previous agreements or procedures

legislating pi emotion policy of the subordinate staff and

cleiical staff nnd selection of the posts canyins special

allowances under the industry wise bipartite settlements. The

said agreement was modified, from time to time. Chapter III

of the agreement regulated procedures for promotion o£

Stenographer"; to the post of Steno-Officers.

3. On February 16, 1990 the management of Central Bank

of India and the All India Central Bank Employees Federa-

tion, signed another settlement substituting earlier on dated

December 20, 1975 and created a distinct cadre of the

'Steno-Officets',

categorising its feeder

cadre1;.

Rele\ant

portion of this settlement is as under :

"Whereas consequent to the Agreement between parties

in the matter of decompartmentalisation, Stenogra-

phers and Steno Typists have been designated as Stcno-

eum-Clcrks and brought into the common seniori-

ty list in the mainstream and made eligible there-

after for promotion under State Service Cadte, the

matter regarding filling up of Steno Officers posts

in the Bank was discussed between the parties and

it has been agreed by and between the parties that

Chapter IIT will be substituted as per nnnexure en-

closed herein with this agreement and the procc-

duie for filling no of the posts of 'Steno Officers' in

the Bank shall be governed accordingly."

4 In pursuance to the settlement dated 16-2-90 the mrma-

Eement of the Central Bank of Tndia issued circular No. CO.

80-r>0l82^ dated March 12 1990 regulating its promotion

nolicv. A significant departure was made from the previous

Promotion Polit; Rules hv prnv'dinn to seek

irrevocable

ootion. to the posts of 'Steno Officers' from those Stcnoffra-

nhcrs havino completed 6(vx) years on the nost, on or before

tO-4-00. A sennrtc Rt-nioritv l^t. exciiT-'vlv

for thc s'litY

mrno'p to rpnilnf nromotion to the nost of 'Strio Officers',

w"s to bf published The cnir1 cirr-uinr. also piovidet 1hnt

tim.p fomni^tin" six years in futurp. would he rsanircd to

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:

"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."

5. The workman Phateh Singh raised this Industrial Dis-

pute as he v»as denied promotion despite valid option of

'Meno-Offlcer'.

In short, the facts

are: the workman

Pliatch Singh was appointed, initially, as Clerk cum-Typist

on ] 2-5-1981. He was designated and posted as Steno-

E'Lpher at Regional Office, Kanpur of the Central Bank of

Tndiu w.e.f. 24 3-1984. In view of circular No, CO: 89-90/

H25 dated March 12, 1990 issued in pursuance to the Settle-

ment dated 16-2-1990, he gave his irrevocable option on

16-5-90, within permitted period of two months, for his

cntisideuition to the post of 'Steno-Officcr'. His name should

have been included in tho separate seniority list, to bo

nrepared as per terms of settlement, which was not done.

Prior to it, before giving option, he had addiessed a letter

on 17-4-90 to the Regional Manager, Kanpur seeking clarifi-

cations as wlyil constituted "Selection Area", mentioned in

pnra 4 of the aforementioned circular. It was clarified then

on the said letter itself that the 'Selection

ari-a' for tho

purposes of selection of 'Stcno-Offlcer1. at Zone level post

win 7o'v nnd not region,

C. It appears that the management did not take anv action

on the iirevocable, option dated 16-5-90 of the workman. He

was not informed that his option was lacking conformity

v, ith the Promotion Policy Rules or had anv deficiency. Even

a separate list was not drawn as per policy in the T-Ievant

Vfnr railier at I ucknow or Kannur definite availability ff

on; vacancy of Steno-Officer at Zonal Office. I ucknow. It

w,r, informed after years that he was not considvrpd due to

Vik no't at Kannur. in a separate selection area other thsn

I uoknnw v here the Zonal Office situate

Trni wat contrary

to 'he clarification madp earlier on 17-4-1990. LaW, the

si)rl vnepnev WMS filli-d hv one Mr. D'irai Pundhn. It

is

[isM-|tr-ii

by the- workman that Mr. D. pnnd'H-" had not

comnlcted <\ years si-rvlcc as Stenographer at the tim* i.f his

pivincr oniion on 25-4-90. HP was aDnointed a StfnocrnDher

tin Q-4 S5 nnd PIWP h\" option on 25-4-90 as ner circitlar

dated P-1-90 At that time, he had put about 5 venrs ser-

v;cc (.tut hari not comnVteH "'•" vfnro service ns Rtenorra-

rifii"'- <n fnlillo lilrn tr> piv? nntinn T ^ P vfrv ontion «'<,o illp-

f»B) fn>- <*>• ipf.coTi *bnt Mr

T) pindi'nn w«« nnt uHo'h'e

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 i t T nnVnnu' PTP^I TVTM'

I'IT*H nn 1^-) 0^ T-?is

in 199fi wns illegal and the vacancv should be trf-ated un-

fi'lffi Though ht> wat anpointcd nftrr rendering 10 years

service but in the absence of a vslid ontion. h* was not

cntitird (o he considered The workrnni further contends

that tne infinsificment deliberatclv withheld nnblication of

'ctT'^nte scniotitv l7it till 1196, 1O deny ormortnnifv to him

tn filr obi'-ution, although the post was created in 1993 and

ki'ot

vacant.

7. The grievance of the workman, may be summed up

Ihat consequent upon his irrevocable option to tho post of

'SlevioOflice;', he became disentitled to promotion in state

service ct'die' and thus was put to double disadvantaRe, He

fulfilled qualifications and efficiency required to the post of

'Stfno OfVicct'. had deserved consideration, which was denied

showing favour to a ineligible person Mr. D. Pandian, which

is a lmiair labour practice. Furthermore, seleciion proccs?

remiiifd .'t Jtssi two names to be considered but this Kisic

norm was iraoicd. Taking aid of Rule 1.14, he should have

P7 flT'2001—n

;>S6

THE CA7E rnr Of fNDTA JANUARY 21 2<vl MAGHA 7, 1922

[PART II -SEC. 3(ii)]

been uilIcJ t:oin tlit, tidjoirung selection UHM, c m if I'je

m triuscni'jiit siiiick to tiie choice from th« Luckuow ideclion

nrcM.

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."

t'. The management has refuted claim ot the

workman on several grounds. However, facts re-

lating to apprinimcnt of the workman as Steno-

grapher, and hi. option to the pnsi of the Sleno-

Qfricers. are not disputed

1 ikewise,

Micces'-iv11

representations, by the workman the appointment

of Mr. D. Parisian and his irrevocable option be-

fore putting 6 ft.ix) years sen ice as Stenographer

have not been disputed Th" vacancy existed in

the yoar 1991 and w ^ filled in 1096. To: senio-

rity list ignoring claim of thi workman war. pub-

lished in the year 19% The nvingcnvnt ^as

admitted non cuisMfalion of thf vvorkman, as he

\ 'as p )sted nit KaiiDiir which did not fall in,

T ucknow selection arra, The management defends

appointment ct Mr. D. Pandian in the vear 1996

stjlinp lint at the time of appointment he had al-

ready put about 10 yean: service. The initial defi-

rierkrv of g'vinK option before putting 6 vears' as

Stenographer stood rectified and His appointment

cannot be questioned now, is contended by the

mttniipment.

10, It i« also pleaded by the mart foment tbit

Mr. Phatrh Sin&h k not covered in th<^ definition

cf Vvorkm?n' as defined und^r Section 2(s) of the

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.

13. AKo, there is no material on record to c"b-

si.intiale Uie argument that the reference

under

adjudication i\ illegal. In fact, tho reference relates

to -^ 'workman' and disadvantages,

pscuniaij' < r

fthLnvise suffered by him in non censidcrin? him

;n nromct'ona} pnst. Alleged illegal actions of the

TMnnciraiN n(, not only deprived the workman of

!.\';her wage.1- but nl-o caused loss of oticr allow-

anrc1 aUarhcd with the higher post, including pro-

vid"nt fund and gratuity Further-mere, h^s irrevo-

cable option deprived him of consideration in Slate

spjvk-e cadre All above issues are directly related

tr hi* non cci -lidiTOtion to the pest rf Steno-Oflicer

''nd arose fi a consequence of denbl of hi;, noiv-

r"n'den' :on.

Above issues are covered bv the

Schedule II and IH, T. D. Act, 1047 and thus, are

adjudicable by this Tribunal. The reference in

question if also valid and competent The submis-

sion advanced bv the mam^emen'- thus, cannot

be sustained.

M Whetl-e'* the vacancy of the 'S^enn-OfHcer' of

7ori"ii level cotild be filled by Stenographers, havjne:

"ivm option to thr said post, from the Lucknow

sriection area Hone excluding Kan pur selection

are 1, comprised in the same Zrne. At the very

3.S7

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 amis

provided in par.? 4 of the circular dated 12-3-90.

1 his submission h misconceived.

Part ill 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

win

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 bnu" considered ilo<-piu*

tl^ii

valid option. In the instant case,

the

workman,

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. EVOJ, 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 wji 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 t r flentnO ^pnl; of India d;d rot

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 ?"

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.

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,

4. The point for consideration is whethei ihe management

has been able to justify its action by adducing fresh evidence 7

FINDING

5. The first witness examined by the management is R. P.

Sahi who is working as Superintending Engineer in Moonidih

Project.

He h^s stated that on 11-9-80 he was

Executive

Engineer posted at Moonidih Project and on that duy at

4.30 P.M he wai at his residence when he heard some noise

outside his residence. He came out nnd noticed1 that 25 to 30

persons were tinned with rod ind laihl were making huUah to

assault Shn £. Prakash, an Officer of the Project, He tried M

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 <i

member of. Hie mob,

MW-2 is Mm S. Pi^kasn who wa_

posted us Senior Mining .Uagincer at Moonulin Project on

11-y-fc.O. He has stated that on that day he a'onn witi; Mi.

A. K. Gulati S. P. Singh and Mr. Kajmi ueie asidiiited by

the concerned woiLmen.

He has further stated tliat on lhai

day he had gone to the underground lor inspection and lioliccii

that some workmen were situng idle whom he warned to take

diidpiinai y action and due to thai this incidence had taken

place m the afternoon. He was followed by li1e mob, assairk-

cd by the mob and he had identified some peisons in ihe

mob but he has not identified these two concerned tvoikmcn

as the members of the mob. The last witness i, ?hn Arbuui

Kumar who was Senior Personnel Officer at Moonidih PrOjtCL

of M/s. Bharat Coking Coal Ltd. on 11-9-80. He has stated

that on that day at 4-3 P.M. the mob has assaulted Mi. A. K.

Gulati, Mr. Kaimi and Mr. S. P. Singh at the Lxpeit Hostel

(Guest House) by an unruly mob. He along witn Shri Manjs

Bhutlacbarjee closed themselves in a room to save themselves.

He has stated that these two concerned wolkmen were ahu

in the mob but he could not say who had acluill/ ass.iulicd

anybody.

Thui from the evidence adduced by tlio manage-

ment, it appears that MW-3 has stated that these two cun-

icernei! workmen were the members of the mob.

However,

he hr.s given written statement in the domestic enquiry Lxt.

W-l in which he has not mentioued theii names specifically.

The management could not produce other witnesses.

In the

chrugesheet there is specific allegation that B. N. Singh had

assaulted a Secuiity Guard who nad gone to save th? officials

•of the colliery and during the domestic enquiry one Shri N. it.

Nair had stated that he was assaulted by the concerned woik

man Shri B. N. Singh. But since they could not be examined

by the management and as they nro not available due to su.h

lonjj lapse of time their evidence could not I e iecc'd>.\'

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.

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.

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

AWARD

"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."

SARJOO PRASAD, presidinn Office*

390

THE GAZETTE OF TND1A : JANUARY 27, 2001/MAGHA 7, 1922

[PART II-Stc/ 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 ;

"Whether the action of the Man,lament of M /s. BCCL

through General Manager, Mohud'i Aiea No II in

dismiVinit from service the workman Shri Sanjiv

Kumnr Sahani. Clerk w.e f. 18-12-86 vide Order dt

14-S-87 is justified?

If not, to what telief the

concerned1 workman is entitled to ?"

7 ! he liiii'I facts: jjivinjj rise to this indusirul dispute is

lh.it S.'iij'v Kurmr Snhani, Piecc-ratcJ workman voikiie si

Mr.huJa A'-ea No. IT of M/s. BCCT ;ind he wns deputed

to worl: as Accounts Clerk.

The concerned wi'mon v n

isiu'il i i hfiij-ethcet on 11-7-RT rnllmi upon him In riibmit

e.vjibniiilnjL nn to why tiis^plinni v action should rw \.e taken

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.

6. The manap^ment h\i brought on record the rnlire tla-

mejtic enquiry file from which it appears that Pvt. M-1 in

the chargfideet d.ttr.l 11-2-83. The chnigcs aic specific and

the chaiges against the concerned ^orknvm are to Ijave foiced

the M'gnature of C. C. Dig, Finance Ofi-er und has illewflv

taken ffiymcrit of a sum of Rs 900 as ined'cal advance and

iRs. QS5 as advance snlnrv.

Thus, the concerned workmun

has detr.'ii.lcd the emplovcr which is mi^condurl. under Chuse*

17(1)(a), ]7C1)(q) and 17(1)(i) of the MoUd StandmR Crderi.

The mnnagement

has further filed an Office O.iier

dateil

3/1-'5-SO from whi'~h it appeirs that since the concerned work-

man did not submit any explannlion then another chanc; w,)1)

R'vcn lo him tn submit his explanation-

The m innnement

has ,ilso bioiifhf on record the publication of the rlmpeshcct

in Newspapei yifle EX(N. 7 and 8. The management his '-ilsO

filed LI Irller of the concerned workman vhich is VKX. II to

sho'V that the concerned wort man hPd1 full knov-I^dae oi

the donitsfic cnquiiv and he has prayed for postponement

of the domestic enquiry pending liil tiiwiO"1'! of fh" 'limiifl

else

Tho management has also f.led tbc repoii of Sf"i (). C,

Di". Fm. p to show that hi1- sipmtiv.rs wer* forj^rt in two

vou hefs and thr roncei-nec! woikmnn ti'is tnken paymenr of

Ps <'** -'nd Ps. H00 rernoctivf1v.

Tht cnnci-npil voilm-'n

hi", ,lir 'nbnittcil a cmf'ss-ionfl •-f^lrment uddie-s-.l' to the

CfncT-i] M;no7fr \vh;i*h k V\t. ^0 frnm which 't ipncur1!

('-it iii/> curKoiiifi w^ikinan has ndiniit?d tlnl he hus forged

thf"1 ^rnatui^ o? G C DJ> ,in two voolirc" Wo ?1t3 dowd

13 12 S3 and anothei voucher dwted R 1-"2 and has tfl'en

y)[

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,

U<K Finance Officer of the company

Und has diawn a loitil

.sum of Rs. \Ht\5 on the sticn^th ol roiged vouJieis on two

oLcations.

'I lius ji is clear that the concerned workman has

commiUrd fraud and toigeiy in ordci to defraud the criiplujtr

uuj as suJi 1 hnd that the chaiges levelled ai;annt h-m have

Wea v.cll established in the domestic enyuiiy.

De= des Ihui.

the management's v itness,

G. C. Dig,

l\

R. Ivj.iiimider,

Copiilji I'KIMI.! Suitjti, B N. Baial, Head Ck-ik-eum Cashier

have all siipp>i 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.

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.

8. So f.u (he questioti of is,5uing charges-fleet by the Ucnenl

M.inap'-'i- oi' the Area and dismissing the concerned woikman

i- ci'ii-irncd it i° appaient fiom the "Model Stiml 'ic i^vdei

thdl the Gi-ntrnl Manager is the disciplinaiy aulhoiilv fin 1

his t'°* full pov.ei

to diamis^.thc coneeineu workman.

9. In the renill, I find that the action o'f the nmn.ipcm.enI

is fallv justified

10 Arcoidini;ly, F render—

AWARD

That the action of the management of Mohuda Area No. II

of M/s, B.C C. Lid

in d)smir.sini« thr concerned wotkmun

is fiiTIv 'us'ificd and the ^oncern^tl1 v/orkma.i il ncu entrllcd

to Bny relief.

SARJU PRASAD, Pn-sidin« Office-

New Delhi, the lul lanuaiy, 2001

S.O. UG'-'in pursuan'.-? of Section 17 of the InTul"ri.i.

T3ispnt? Art, 1947 (14 of 1?47). Ihe Cetiti.il

Cov-nmi'nt

hereby r"''liihrs the aw^rd of the Central Government l.i-

diiilriol Tribunal No. 1, Ohpnbnd ai- shown in the Annexu.ro

in the Irduhtnal Dispi.te betv/een the 'jmploycrs

n tr\ i<ion

to t.'nc m.magcr.ient of Nf/s. "R.C.C. f td, and their wo.kman

vhith Ufi

jeceived b^ the Central Government un 2-1-2001

[No. l.-20012A205l/93-UliC 01

S S GUPTV, Un^ei

S^y.

ANNEXURE

HtFORI- THE C E N 1 R \ L C.O-'ERNMENT LNT.U-.TRI-KL

TRIBUNAL NO. I, DIIANRAD

In 'he nnticr of a t^lVrnnce tinder Section lOiiKdiCXi of

ihe lndustiKil Disputes Act, 1947

Reference "No. 10 of 1994

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

APPl'ARANCES :

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

For the Workmen , Shri B. H. P^ndty, Adyocsnr

STATE: Thaikliand.

INDUSTRY: dial.

Dated, the Mil December, 2000

AWARD

By Order No. L-2OOI2t2O5)/93-l.R. (Coal-!) dated 10/illh

FcbiiKuy. 199+ the Central Government in the Minrfjy of

L'lbour has, in exeiuse of the pov.eis conlcired by i.lrfu1-*"

Idl of sih-section (Ij and Hiih-hcetion (2A) of Section 10 ot

the InduMrial Disputes Act, 1947, refencd Hie 'olIoAiir; iii'.-

puit: foi adii'dication io this Tribunal •

"Whether the action uf thi" manaRenwnt of Rha.s ku-,unda

Colliefy, P.O. Kus-unda, Di'-tiict Dhanl-imj oi NlA

BCCI, in denying remdari6ation of the services <-)'

S/Shu Dnsiath Mandnl and 56 others as per list

annexed is justified'?

If not, to what relief rire th.-*

conceded workmen entitled '.'"

2. Sh'i B. B. Pandey, Advocate, who has uuthotjiv

lor

the coiicetned woikmen, suKmits fhst he has got no 'nstiu1;-

tiou from the workman, the voncurnrd workmen huvc taken

the brief from him. It appears that on the last date also there

v,as none from the side of the workmen.

ThrrcFo'v, thi',

Tribunal has got no option hul to submit a 'No Dispute'

AwLid in this reference case.

3, Accordingly,

I render 4 'No Dispute' Av.^ril

in the

present reference case.

SAiqU. PliAv'SA^. Pifsidiny omt-ir

New Delhlj the 3id January, 2001

S.O. 157 —In pirrsuancr of Section 17 of ihr Industnal

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

licrebv publishes th; award of the Conli.il Government In-

riushlu HiihuiKit No. I, Dhanbfld as shown in the Anncx-

uic in Uie Indiistiial Dispute between the cmpJoyers in IC-

I.i'ion to the m.inaRcmrnL of M[i, B C C. Ltd.'and

their

workman, which was lecei^ed by the Centn] G.'vcinment

on ;:-l 200t

[No L-200J2y244/20010-IR(C-D]

S. S, GUPfA, Under Secy,

39:

HIE tiAZLHh 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.

3. In view of the above prayer of Shri G.M. Sharma.

Secretary uf the sponsoring union, I render a 'No Dispute1

Award in tlie piesent Industrial Diiputc.

SARIU PRASAD, Presiding Officer

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. ],

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

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 Officer

393

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

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;n<val Government Indus'rb] TubumlILabour

Court, Nagpur

as shown in the Annexure in the

[ndustrial Dispute between the employers in relation

to the maingenicnt rf Marafhwnda

Gramin

Bank,

Nan|drd find their woi1 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

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL, NAGPUR

PRESENT :

Shri B. G. Saxena, Presiding Officer.

Reference No. CGIT-1812000

Employers in

relation to the Management

of

Mirc-.ihwida Gramin Bonk, Nanded

AND

Their "Workman Shrl Lala, M. Gaikwad.

AWARD

Th?

Central

Government,

Ministry of Labour.

New Delhi by exercising the powers conferred

by

clruro (d) of Sub-Section (1) and Sub-Section 2(A)

of Section 10 cf the Industrial Dispute Act, 1947 has

referred this disuute for adjudication vide order No.

L-12O11|54[99!1R(BI) dated :0-1-2000

ou

the

following schedule.

SCHEDULE

"Whether the

action

of

the

management)

ie. 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 ?"

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 <ssued to him on 30-6-1997 and the alle-

gations ygahibt him were that he did not comply with

the movjYons of regulations 17, 19 and was there-

fore pvnished for termination ol seivice. The enquiry

w;is conducted by Sbri Zade, Enquiry Officer.

He

submitted Enquiry

Report on 12-6-98.

Dismissal

Order was missed on 8-8-98.

The appeal

of

th6

'"D:!:n^n w,,s dlsmrscd on 30-11-98 and bis

ser-

vic-s were terminated.

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.

The main^-nr'nt of the Bank contested that the

"mo-nf of Jo^n i-ni collected by thz workimn Shrl

L-!A V. Coik'wl from the customers Shri Baburao

S-. Lortdh.-1 Vinayal; V. Lom'lie and Sau. Mandabai

R..

I ?idhe.

He hud

collected this nmonat on

19^-97, 25-3-H7 ?M

13-2-97 and dewsitcd

this

amount in bwk on 21-4-97.

This amount Rs. 2SQ0

w s thfr-fo-c deprrjfed late in the bank.

It is al>o alleged that

from

Sahabai b . Jawale,

Sliri Rnstam P..

Sheikh and Shri Babu S. Londhe

Rs. 1400 Was realized between 10-1-9,6 to 23-5-97

and he did nor deposit this amount in the bank.

It

is r.hit "P-peri <hi+ the wftrkmrn was given full op-

portunity to submit hh explanation.

TThe

enquiry

otticcr foind ;hz charges proved and dismissal order

vvp<i nrscd after completing enquiry.

From the s;d^ of the workman Shri Suml

Kul-

V'T"' Sscftery of the union argued the case. From

ih<- ftiTfbvada Gram:n Bank Shri Rajesh

Kumar

arp^icd -the case.

I hiwc r?nred the

entire oral cind documentary

evidence on record produced by both the parties and

have c ns'd'red the arguments of both the parties.

The workman Shri Lala M, Gaikwad

had

sub-

m'tt'vi h's affjd^'i1 and ho was cross examined

by

F.Vi P'TC1-, Kvn'if, the renreseifptive of the

Bank

on 4-7-2000.

Shri J. M. SonmaJi was also cxamin-

f t by I1:- workman ia

sunoort of his claim, Shri

1 M. ^nua 1' '^ \ orVfnfe as Clerk in the Marathwada

<^rimin n nk from 19fi4.

'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,

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.

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.

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.

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.

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*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.

Tn •Tifv; circumstances tne chanres framed apainst

th,- Wr*-i^on Was not based1 on any reliable doeumeri-

tr\ evidence,

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.

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 action of the management i.e. Chairman, Marath-

wadji Gramin Bank, Head Office, Nanded in terminating

the services of Shri Lala M. Gaikwad, Ex-Messenger

af Deola Bramch is not lecral, proper and jus'ified. The

1rrmina*ion order is not based1 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

New Delhi, the 5th January, 2001

SO, 1<SO—T'i rjnrsujmc" n( S^rt;rn 17 of rh' In-

ri-stv'al Disputes Ac', 1°47 r 14 of 19471 *br Ccnt-al

Hnvernment herrhv publishes 'he A^TCI of *ho Tn-

rhi-tri^i Tr'b'irHILnbonr

Court Wiinur ^r chown

in *n^ A"nf*urcs in thf

Tndu^n'il IWi^e bot™'ecn

the ^mninwrs <n r'W'on f° t'ie manapfme^t of Re-

roml Ruml B^nk. Dmngarnir snd their workman,

v/h''cri «"<s received by the Central Government on

4-1-2001.

[No. L-12O12/118/°6-TR'T3-I)l

AJAY KUMAR, Desk Officer

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 was

399

appointed as Durwan in the pay-scale of Rs, 700

lpre-reviseu> on 13-10-y2 in Security Department.

XJUSCQ on me oner ot appointment, tne t'euiujner re-

puxK.a iot amy on ly-iu-y^.

During his services in

me ivcspouueui company, uhe Peuuoncr has rendered

im> soiviuej enioenuy ana diligently. But, the Peti-

uoner was aisiiuoeu on nuuiuer ot occasions want

umy by soine or his superiors with ulterior motive in

icfciutAizmg iiie leave and tne Petitioner has

been

iorceu. by tnem to resign lrom the job on IMS own. Due

iu idiia uispute wna one office colleague, Shn Bannari

Kiiiigan,

wno is worknig as Sweeper in General

Manager s residence and by taking due advantage out

01 iu, ne nas lniluenced the PA to the General Manager

and threatened ihe Petitioner to hand1 over the dis-

pute d land io him, failing which the Petitioner would

beterminated from service.

Since the Petitioner has

relused lor the same, as ihe land was in his possession,

he taced with number of troubles in his work delibe-

rately making loss of pay in spite of the fact the Peti-

tioner has submitted proper leave application, w i h

prior

permission

eic.

which

were des-

troyed

by

them.

As

the

Petitioner has

not

yielded

to

their

request

which

is

case oi civil

nature, existing

outside the factory

piemises, he was issued a termination order, surpri-

singly on 3-4-95 without mentioning any jus.incation

for the termination. The Petitioner was not given any

opportunity for making any representation or to ex-

plain

his stand

before

the

higher

Officers.

Ihe

Petitioner

was

appointed

on

compas-

sionate grounds, only to protect his family member's

livelihood without any complaint. When there was no

such complaint from the family members, the Respon-

dent should not have issued any termination order to

the Petitioner without alny reason or justification. The

termination of the service of the Petitioner affected his

eriiire family livelihood

very

badly. The Petitioner

alcngwith his widowed1 mother madz numerous re-

presentations to ihe authority to reconsider his termi-

nation order and to allow him to work to safeguard

(he livelihood of the members of the family for which

be was given appointment. The management had

replied the Petitioner that he was terminated lrom ser-

vice for certain misconducts i.e. unauthorised absence.

The manaRement should have given 'he Petitioner, an

opi'OTlnuity to explain his stand and the alleged mis-

conduct should have been proved1. No opportunity was

given to fhe Petitioner and no enquiry was conduced

for the Petitioner to explain the circumstances. The

immipned termination order does not speak about any

of *h- nnVonducf. but it is mentioned that the termi-

nn*'*"i" "fa<: m>cVH bv in^ok'n^ the A«-bitrarv Came

r"-nvided in the Appointment Order. The termination

effected for the alleged1 misconduct of unauthorised

.ihcpnce is onlv ata afterthought.

The Respondent

Muriaoement has violated the principle of natural fas-

ti",. tWnre terminating +he Petitioner frrtm fhe services.

They have also violated nil labour legislations, standing

orrWc -md Wri down nrocedures and rules. Thus, the

tpTTrvnatirm nf the Pe'itioner frotn fhe ser^ce is illepM,

Titling irwaiirl and arbitrary. The Petitioner has put

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

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

vjnrjpc, ti T?<; 9.100 w.r mini*}!, Pe^rp Tvrc«;in<r tTr*. Ord^r

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

TnrinotWni Disnutfts Act. has not been followed. Hence,

the Impugned order of termination is illegal arid not'

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:—

The Second Party Management (hereinafter men-

tioned as "Respondent") submits

that this Hon'ble

Tribunal has no jurisdiction to adjudicate this case as

this case does no fall strictly under Ihe Industrial Dis-

putes Act, 1947. It is not a dispute as defined in Sec-

tioi>2K or Sectionr2A of the said Act. The Petitioner

is raising the dispute, after a lapse of more than four

years and he has no plausible explanation to justify

the d*lay. The Petitioner wa» given appointment on

compassionate grounds, consequent on the death of

his

father,

while

in

service.

The Peti-

tioner

was

appointed

as

Durwan

w.e.f.

19-10-1992

on

the

condition

that he will

have to maintain the family of Late M. Kalimuthu,

His appointment was governed by the CCS(TS) Rules,

1965.

The prime ant! foremost conditions of the ap-

pojniment of the Petitioner have already stipulated in

the appointment order itself as Clause 2A to 2D, The

first two years of his service will be treated as Proba-

tionary Period. Hi$ service may be terminated at any

time during the Probationary Period without notice.

After

satisfactory

completion

of the Probationary

Period, his appointment and service will te temporary.

After the Probationary Period, the termination of his

service will require one month's notics Jn wri'inp on

either side.

The Petitioner remained absent from duty

unauthorisedly without prior permission o r without any

leive in his credit being a probationer from the date

of appointment, from 19-10-92 to 18-4-94 for more

than 151 days and proved himself to be habitua'ed

to unauthorised absence from duty creating the need

for a KtronR decision on the question of retaining h:m

in cervfee or otherwise. The oral

Mrar«in<*R!ndvJres

of the Security Officer under whom the Peti'ioner was

wo'Vinp and the Counselling of the Labour Officer cf

the Respondent factory proved futile to reform hi'm.

This is evidertt from the wantfnF rafmns i^ued by *he

Security Officer

to the Petitioner for more

Ib-m

five

occasions.

That

onart

due

to d's-

satUfac+orv

Derformancp,

of

'T>e pF!*'lin"f"\ *he.

PrnbjWnnnrv Pe,ri(Sd nf the Petitioner was nrtTirted

bv nnoth^r SIT month* from the date of comnir.tion

of two vears from 18-10-94 with a view to pive one

more fair o'fiporturilty tot getting himself

reformed

400

THE GAZETTE OF TNDIA : JAMJARY 57,' 2001/^A^^A 7, 1922

[PART II~SEC. Vti)]

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-

" r v 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.

4. The Point for my consideration is :—

"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

Mini cement have advanced their arguments.

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

the

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. Wl.

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 e t 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.

Wl,

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.

B. Your service may be terminated at any time

during the Probationary period,

withput

notice.

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.

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

401

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

lvjnrd

Co the extension of the Probationary

period for

a period

of

six

months T from

19-10-94 ( F N ) . In ih?t O P W jf«cH- a copv

has been marked to

the S O T FA to watch

thf .lUenHance and nerformnnce of .Ouryan-

P ' ) t h n n for a period 'of six

nifmrlm ,-mrj to

submit a report rrt t M f "reasfd: l \ W f

1»;'-<J de-

posed that the Petitioner was not regularly

intending his work, even after

the waffling

under Ex. M5 and absented himself unautho-

risedly. He would further say thai the Petitio-

ner absented himself from duty ior 40 days

jii I 994 and 68 days during 1995, in the ex-

tended period of probation. The Petitionc:

as WW1 has admitted in the cross-examina-

tion that the Management used to maintain

Attendance Register and his

absence from

work on working days used to be marked in

the Attendance Register as "A" to denote his

absence for the work ior the day. It is his

further

admission

that,

in the

month of

February 1995, he did not attend his

work

continuously for a period of two weeks and

it is correct to state that he has not attended

the work, on the entire month, March 1995

and those Attendance Registers, four in num-

ber from January 1995 to April 1995, main-

tained in the office are Ex. Ml. It is his fur-

ther admission that he availed Casual Leave*

Earned Leave, Leave on loss of pay and that

the Security Officer used to warn him that if

he does not regular in attending his work,

he may even lose his job. He would further

admit that he Was given a show-cause notice.

Ex. M2 for which he gave a reply, Ex. M3.

It is also his admission in the cross-examina-

tion that his period of probation has been ex-

tended for

a period of

six months

froth

19-10-94 (FN) and the copy of that order

di. 29-10-94 is Ex. M4, Ex. M7 is a report

submitted by the Security Officer dt. 25-8-94

as a. Confidential Report

regarding the un-

authorised absence]irregular attendance duty

of Sri K. Pathran.

In that

report, all the

warning notices, five in number given to the

Workman- Pathran under Ex. M7 series have

been mentioned. Ex, M8 is the original office

copy of Ex. M4. It contains the signature of

the Petitioner Pathran for the receipt of the

copy of that order. From all these documents

& evidence,

it is seen

that

the

Petitioner

Pathran was an habituated absentee

during

the first two vears period

of

probation

and

also

in

the

subsequent

extension

period

of

six

months

of

probation.

It

h

seen

from

the

Attendance

Registers,

Ex. Ml series for

the months of

January

1995 to April

1995 that the Petitions

Pathran.

remain'1'!

absent

unauthorised'v

for 68 days in the extended period of proba-

tion. The Petitioner Pathran himself has ad-

mired in the cross-examination that he has

not: ;>ttendedp tfie work' on'-the 1crttir^ month

of, March 1995 and he did' trot attend vf&rlc

cnn'inunusly for two weeks in Febntft^v J«KI5.

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.

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

for Class IV employees.

Ex. Ml(iv) April 1995—OrjgiJial Muster Roll

for Class IV employees.

Ex. M2 20-9-94—Carbon copy of show-cause

notice from GM, Cordite Factory to Sii K.

Patlhran.

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.

.-Ex. M4 29-10-94—Xerox copy of extension of

probationary period by the DGM (Person-

nel), Cordite Factory to Sri K. Pathran.

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.

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.

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

was received by the Central Government ofl

5-1-2001.

[No. L-14012[30|92-IR(DU)J

KULDIP RAI VERMA, Desk Officer

ANNEXURE

BEFORE

THE CENTRAL

GOVERN-

MENT

INDUSTRIAL

TRIBUNALCUM-

LABOUR COURT, JABALPUR

CASE NO. CGIT|LC|R|247|93

Presiding Officer : Shri K. M. Rai.

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

The Commandant,

506, Army Base Workshop,

Jabalpur

Non-applicant

AWARD

Delivered on this 5th day of December. 2000

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?"

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

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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- <o b'' vet aside. He is

entitled to reinstatement with all back wages

and other monetary benefits.

3. The case for the management is that the

workman remained absent for 18 days w.c.f.

25-4-77 to 12 5-77 without sanction of

tlv

leave. He wai

therefore

scrwd with n

chargesheet

under

Ru'c-14

of the

CCS

(C&A) Rules 1465. He submitted his renly to

the charges. The enquiry was conducted pro-

perly and he was gb en proper onportunity to

defend himself. As per his rcqne^ the memo

for charge was

translated into

Hindi. The

showcause notn e was also given to him

in

Hindi for making bis representation.

The

worknnn intentionally did not appear before

tli j Enquirv Officer on the date of he-inns and

thrrelore the Enquiry Officer was justi'Vd in

proceeding exparte agiinst him. The worknnn

also did not submit the medic ^1 certificate in

support of his b^ini ill durinp the ennuirv prr>

eeedine. He was al^o permitted to enent'c his

defence Assistant who piriicipatcd in the en-

quiry The workman was driven proper opnor-

tunitv to ipncnr before the Fnquirv Offie^

but he willfully absented himself and he did

not participate in the proceedings.

Enquiry

Officei held the charges proved proper l\ and

wihout any prejudice. The disciplimn untho

rity concurred with the finding of t1x Enquiry

Officer and after

considering

the reply of

workman lo the show cause notice H<* wis

terminated from service w.e.f. 4-1-78

All

the relevant document, were siinniird to tlv"1

workman's defence Assistant on 7-9-77.

Tn

this way tin-1 management has not vio'ated the

punches' of natural iu'-tk s in ho'din-T

tl»4

enquiry a<>iinst him The order of

removal

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.

6. According to management, the workman

remain;d absent from duty for a period of 18

days without sanction from the competent

.tuthoritv.

This misconduct is not such tint

the workman should be removed from

ser-

vice.

The minor punishment shall meet the

ends of justice in the circumstance of the casr

I think it proper thnt the absence from dur\

for a peiiod of 18 days should he treated as

^ive without pay. In no case his

remove1

from service is proportionate to the alleged

misconduct.

7. Fn view of the forc^oine reasons. \ h^r^-

bv s<*t aside thr apniirints removal from ser-

vice w.e f 4-1-78. His absence from duty for

18 divs shfll be treated as leave without pav.

He sh-ill be reinstated as if he was not remo-

ved from service. On the basis of no work/

no mv, the workman shall not be entitled to

bac> wiees The period of his ouster

T OTI

service shnil b" treaied ns dutv nnd it will he

Ttnntpd for fixin^ his

pensionary

b^pePi?;,

Parties shall bear their own costs

X Conv of awird be sent to thr Govt. of

Tndia, Ministry of Labour as per rules

K M R \ L Presiding Officer

405

New Delhi, the 5th January, 2001

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

Ei TORh THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT, CHENNAI

Thursday, the 7ili December, 2000

PRESENT :

K. Karthikyan, Presiding Officer.

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).

BETWEEN

Sri II. Haridoss

—-Workman]I Party

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.

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

upon h -aring the iiiyi'inenli, of Sri K. M.

Raineah,

Counsel for the WH Inun 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

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;.

The schedule nvds as follows :

"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?"

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.

1. flie averments in the Claim Statement filed by

the First l\»rty Workman are briefly as follows :—

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 >\.<x(.\ a Charge

Memo, containing 3 article,

of uijiges tor slaying away from duly from 23-4-9'

to 1-6-98 rnd from the

afternoon of 2-6-98

t(

7-6-98 n uiutlioiist;dly and from

8-6-98 to

7-7-9!

and staying away from

duty frequently in differei

spells during the last nine monrns trom December

1997 and has Ihciefoiv, bcconii1 a liabiuial nbsenfe*

f-nd has failed

(o tnaintaia

dcvoiion to

duly

a

406

THE GAZE!TE OF INDJA : JANUARY 27, 2001/MAGHA 7, 1922

[PART It—SEC. 3(iiY)

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-

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 ;—

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. for

407

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, add-on to his o#n Hd-

filssipn of tl» charges. The Firfct Flirty Woitnuffl ftas

aot exhausted all remedies in fids p&sd. Hetas 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

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 ? '

Point.—This is a case of an action taken

by the

Employer i.e. the

Superintendent of

Post Offices,

Tirupattur

Division, on the ba<-is of a disciplinuiy

action again11 the Workman|Employce, Shri H. Han-

tins';, a Postal Assistant working under his

control

4ii tho Postal

Department.

It is admitted that the

First Party Workman, Shii H. Haridoss joined

the

Postal Department as Group 'D' (formerly designat-

ed as Class

IV) on 4-9-72 in Vaniyambadi

Post

Office under the

control of the

Second

Party,

Superintendent of Post Offices, Tirupattur Division.

It is i-lso admitted that the said Workman was pro-

moted as Postal Assistant w.e.f. 22-12-1978.

It is

an admitted fact that the Workman was not accord-

ed major penalty during his service but was award-

ed miner penalties for Ins unauthorised absence from

duty,

tn the Counter Statement of th* Second Party,

t ight instances of unauthorised absence of the Work-

man|First Party from 1989 lo 1996, apart from one

instance of temporary misappropriation of

Savings

Bank Deposit amount of Rs. 90 for his personal use

alongwith the minor punishments imposed

lo the

Workman|First Party for those nine instances of mis-

conduct by the disciplinary authority have been clear-

ly mentioned in a tabular column.

The First Party

Workman" has not filed any reply statement denying

the same.

Tt js further alleged in the Counter Statc-

m-nt ili-ij tlk" Firr.[ PJHV Worl mnn Wis a

habitual

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.

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. Ml.

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 <ll. 17-5-9*).

The Second P.uiy 'iffn

considering all thjse ^peefs, passed an order against

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 i l 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 i l 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.

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.

8. The learned counsel

for

the

Second Party

Management

has

contended that

the disciplinary

authority after due consideration of the fact1;, En-

quiry Officer's report and the previous service records

of the Firs* l-'arty Workman has come to the proper

conclusion in awarding the punishment to the First

Party Workman in accordance with the rules on the

subject.

He would further contend that the discipli-

nary authority having found the nature of the charges

which were proved and the First Party Woilman's

gross negligence to rules considered that

the

First

Pafty Workman is not a fit person, to continue in

serv'ce has awarded the punishment of compulsory

retirement from service and subssequently the compe-

icnt authority also, after careful consideration

has

rejected the statutory appeal filed by the First Party

Workman against

the

decision of the disciplinary

authority.

The Ex. M6 is the Service Book of the

First Parly Workman speaks volume about the

mis-

conduct and th,: dereliction of duty by the First Pa'1 t*

Workman, while he was in service. He \*ou1d furlhi'r

argue that the disciplinaiy authority as well as

(he

appellate authority have arrived at their respective

decisions only ;»ffer considering (he past service

of

this First Party Workman and the various punish-

ments that were awarded to him at various periods of

his unauthorised absence from duty, and hence this

Tribunal has no scope hi interfere with the action of

trie Superintendent of Post Offices, Tirupattur Divi-

sion in compulsorily retiring the Workman, Harido.cs

from service by invoking the power under the Scc-

i;on-11A of the Tndu&trial Djspu'cs Act and the claim

has got to be dismissed with cost.

9. A perusal of the records, Ex, Ml to Mil, filed1

by the Management'Second Party enable me to come

to a conclusion that the argument advanced by

(he

learned counsel for the Second Party Management

can be accepted as correct.

Further, as it is con-

tended by the learned counsel for the Second Party

Management, the records in (his case perttiinins to the

First Party Workman's

service in this department,

clearly shows that there is lack of devotion to duty

by this public servant as a Postal A^ist'mt. His fre-

quent unauthorised absenco in post office duties ham-

pers the work in 'he postal) service, which is an essen-

tial

service cannot be dispu'ed,

This First Party

Workman has shown to be a Postal Assis'ant, failed to

maintain

devotion

to durv

ns enjoined in Rule

3fiUih of CCS Conduct Rules, ]Q64 The Serond

Fartv Manaprrrrnt. Snufrintpn-'ent of Post Offices,

Tirupattur Division in his order Fx M7 fins stated rlvit

the unauthorised absence for which the chivies have

r-CL-n issued is vcrv serious in nature, as such absence

hurt dislocated the essential service in Post Office and

there is no proper and valid reason for such unautho-

rised absence.

Tt is his further observation in that

order that the charged official has cleaily violated

Rules 62 and1 162 of Postal Manual, Volume-Ill, He

would further say in that order, that he is convinced

tha* a ny leniency shown to the official, will not im-

p'ove his behaviour and he is unsuitably for being

stained in service.

Tt is also stated that in view of

the repetitive nature of the charge and1 his gross negli-

gence to the rules and regulations, the official deser-

ves a very severe aind deterrent punishment.

This

observation of the authority was arrived at after con-

sidering the punishment awarded to the First Party

Workman on nine earlier occasions. He was punished

v»ifh withholding of one

increment for six months

wthout cumulative

effect and at ano'her

occasion'

for three months without cumulative effect and at yet

another occasion for four months

without cumula-

U\c effect.

In addition to that, it is an admitted cai-c

this

his

pay

was

r:duced

by

two

stages

for

two

months

from

1-3-1993,

and again

reduced

by

one

sfapc

for

one

year

from 1-11-95 to 31-10-96 and reducing his pay by

three stages for three months from 1-9-96 and also

reduced his pay by one stage for six month.} w.e.f.

1-6-96.

All these things

are categorised as Major

Penalties under Rule 19, Sub-cla!use-V, CCS (CCA)

Rules, 1965.

So, having given major penalties

of

Mich reduction in pay for four times as stated above,

the disciplinary authority having found that the First

Party Workman is not a fit person to continue in ser-

vice has imposed the punishment of compulsory re-

tirement

from

service

as per the

provision under

Rub 19, Clause-VII of CSS(CCA) Rules, 1965. This

punishment was imposed by the disciplinary authority

on ^e basis of his conclusion that the First

Party

Workman is a habitual absence and his attitude is si

gross negligence to rules and regulations and hence

_ he deserves a very severe and deterrent punishment.

So, under such circumstances, it cannot be considered

that the afcfion of the Second1 Party in ordering com-

pulsory retirement of the First

Party Workman

is

wholly, arbitrary illegal and unjustified and it cannot

he said that it amounts to victimization and unfair

labour practice and the punishment is grossly dispro-

portionate fo the gravity of the charges. The Appel-

late authority by rejecting the appeal of the

First

FV'rfy Workman in his proceedings under Ex. Mil

has

stated

that

the

Workman

had

no

valid

grounds,

raised

in

Hit-

appeal

for

him

to

interfere

into

the

proceedings

of

the

disciplinary authority.

He h.is also

come

to

that conclusion

after carefully gone through

the

apical and connected records as he hm stated in his

order.

Under such circumstances, this Tribunal has

no other go. except to confirm that 'he ordjr of the

disciplinary ntilhoritv under Ex. M7. which is subse-

quently confirmed by the Appellate Anthoritv under

410

Jllb C J A Z E H L 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.

Mil. 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