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
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. 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
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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
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0
0
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0
0
0
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0
0
0
0
0
0
0
0
0
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1
2
2
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0
3
0
4
0
6
0
0
0
0
8
3
2
4
9
0
14
0
2
l
5
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4
4
0
3
0
0
3
1
4
4
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0
5
0
2
2
2
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4
0
1
6
67
60
88
33
20
20
71
23
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56
31
47
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42
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38
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83
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72
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01
23
87
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28
71
83
28
71
86
36
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28
06
09
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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
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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
7
6
3
2
2
2
8
9
5
0
7
2
0
2
16
0
1
0
8
6
4
7
1
0
7
0
6
0
6
14
2
1
3
0
3
8
1
0
1
6
eo
20
04
11
23
89
78
45
98
71
51
, 05
68
34
23
69
78
35
75
00
20
82
78
93
41
75
88
02
20
31
13
64
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
822
823
4
c3
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
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
10
5
3
11
1
0
0
15
4
4
5
2
0
0
0
2
5
7
1
0
1
10
4
4
3
4
0
6
2
4
3
1
8
0
4
3
9
1
3
1
1
9
5
1
9
0
0
3
1
6
68
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
75
91
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
0
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
" ,8
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
1
7
2
4
4
r,
1
0
0
3
5
2
2
2
0
2
7
1
4
I
5
0
2
3
0
10
0
1
0
11
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
.2C
20
85
95
69
81
14
20
09
75
51
15
05
66
S3
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
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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
1875
2693
2694
2695
2722
87
88
89
90
91
94
96
96
97
104
105
108
118
120
121
122
123
124
128
141
151
152
163
154
155
156
157
167
168
169
170
221
239
240
241
242
243
244
245
634
645
646
647
648
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137 GI/2001—14
V,G
THE GAZETTE OF INDIA
JANUARY 27, 2001 MAGHA 7, l'J2?
| P \i* i II—Si<
T (ii)J
1
Kalyanchak
Shayam Sunder Pur
2
72
74
3
1693
1694
1695
16%
1507
1698
1699
1701
1 /24
1727
1728
1729
1730
1732
2070
2071
2072
2116
2119
2121
2166
2219
2220
1164
1168
1195
1198
1199
1202
1203
1205
1206
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152
153
154
155
157
158
159
164
165
197
301
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2
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322
326
327
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329
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68
98
34
78
16H
1 HE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922
[PART II—SFI- 3 (H)1
1
Rajanagar
Pandab Basan
2
68
65
3
432
463
464
465
466
467
473
476
477
478
483
484
486
488
489
490
491
564
566
567
672
2570
2571
2574
2576
2577
2578
2579
2684
2587
2588
1
2
157
158
159
161
162
164
165
185
186
187
188
189
190
191
200
206
208
4
0
0
0
0
0
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2
28
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210
211
212
213
215
257
258
292
298
299
300
304
305
309
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357
358
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116
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43
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i
170
THE GAZETTE OF INDIA JANUARY 27, 2001 MAGHA 7, 1922
|PARI II—She 3 (ii)|
1
Chak Shimulya
2
14
3
m
359
360
361
371
651
652
710
718
719
720
721
722
723
724
1422
1423
1426
1427
1428
1433
1434
1459
1460
1471
1472
1473
1474
1476
1477
1478
1511
1512
1641
1642
414
452
453
454
455
456
510
511
512
513
514
515
516
517 '
518
523
524
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78
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98
18
96
15
65
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
791
792
802
803
804
806
807
608
814
815
816
817
818
821
822
B23
824
866
178
179
180
181
182
185
186
187
188
189
219
310
316
317
318
319
320
4
0
0
0
0
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60
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20
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19
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323
324
326
327
328
332
333
334
335
336
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354
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140
141
142
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149
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166
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39
20
83
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
889
891
892
893
894
895
907
953
955
958
959
960
961
962
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1036
1037
1038 „
1063
1064
1065
1066
1068
1078
1082
1084
1085
1
2
58
59
60
61
62
64
68
69
70
71
72
74
75
76
4
0
0
0
0
0
0
0
0
0
0
0
0
0
0
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0
0
0
0
0
0
0
0
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0
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0
0
0
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0
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100
101
120
121
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135
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179
180
181
208
209
210
211
1285
1286
1287
1288
1291
1292
1294
1302
1304
1305
1306
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1315
1340
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17(.
THE GAZETTE OF INDIA . JANUARY 27. 2001 MAGHA 7, V)12
| PAR Ml—SI.' 1 (ii)|
1
2
3
1345
1346
1639
1640
1641
1654
1656
1657
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1690
1691
1695
1696
1697
1698
1699
1700
1702
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1804
2217
2470
2488
2606
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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