This Gazette may contains Multiple Subjects

REGISTERED NO. D.L.-33001/99

The Gazette of India

PUBLISHED BY AUTHORITY

No. 10] NEW DELHI, SATURDAY, MARCH 10, 2001/PHALGUNA 19, 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 26th February, 2001

S.O. 469.—In exercise of the powers con- ferred by Section 3 of the Delhi Special Police Estab- lishment Act, 1946 (Act, No. 25 of 1946), the Central Government hereby specifies all the offences under the following Act as the offences which arc to be investigaed by the Special Police Establishment-—

(a) AH Offences under the Information Tech- nology Act, 200C, (Act No. 21 of 2000).

570 GI/2001—1

(989)990 tm GAZETTE OF INDIA : MARCH 10, 2001/PHALGUNA 19, 1922 {PART D - ^ S E C. 3(ii)] (b) Attempts, abetments and cunipiiacies in relation t(i or in connection with one or more of the oilences mentioned above and any other offence or offences committed in the course of the same transaction or arising out of the same facts.

rNo. 228|15|200l-AVD.Il] HARI SINGH, Under Secy.

MINISTRY OF] FINANCE

(Department of Revenue)

(Central Board of Direct Taxes)

New Delhi, the 13th November, 2000

(INCOME TAX)

S.O. 470.—In exercise of the powers conferred by the sub-clause (vi) of clause (23C\ of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central •Government hereby notifies the "New Green-field Educational Society, New Delhi" for the purpose of the said suz-claluse for the assessment years 1999-2000 to 2001-2002 subject to the. following conditions, namely:—

(i) the assesses will apply its income, or accumu- late for application, wholly and exclusively to the objects for which it is established ;

(ii) the assessee wilil not invest or deposit its funds (other than voluntary contributions received and maintained in the form of jewellery, furniture etc) for any periodi during the previous years relevant to the assessment years mentioned above other- wise than in any one or more of the forms or modes specified in sub-bection (5) of Section 1 1;

(iiO this notification will not apply in relation to any income being profits and gains of business, unless the business is incidental to flie attainment of the objectives of the asscssee and separate books of accounts are maintained in respect of such business;

(K) the assessee wjl] regularly file its return of income before the Income-tax authority in accordance wifli the provisions of the Income-tax Act, 1961 •

(v) that in the event of dissolution, its suqsfas and tlie assets will be given to a charitable organisation with similar objectives.

[Notification No. 11545|F. No. 197|108|2000- ITA-I]

SAMAR BHADRA, Under Secy.

991

its income, or accumulate for application for which it is established;

(ii) the assessce will not invest or deposit its funds (other than voluntary contributions received and maintained in the form of jewellery, furniture etc.) for any period during the previous years relevant to the assessment years mentioned above other- wise fiiun in any one or more of the forms or modes specified in sub-section (5) of Section 11 ;

(iii) this notification will not apply in relation to any income being profits and gains of business^ unless the business is incidental to (he attainment of the objectives of the assessec and separate books of accounts are maintained in respsct of such business;

(iv) the asscssee will regular]? file its return of income before the Income-tax authority in accordance wifh th? provisions of the Income-tax Act, 1961 ;

(v) that in the event of dissolution, its surplus and tihe assets will be given to a charitable organisation with similar objectives.

[Notification No. J 1546|F. No. 197|75|200O- ITA-I]! SAMAR BHADRA, Under Secy, New Delhi, the 13th November, 2000

(INCOME TAX)

S.O. 471,—In exercise of the powers conferred by the sub-clause (v) of clause (23C) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies the "Govind Bhawan Karyalaya, Calcutta" for the purpose of the said sub- clause for the assessment years 2001-2002 to 2003V 2004 subject to the following conditions namely:—.

(i) flic asscssee will apply its income, or accu- ,_ mulate for application, wholly and exclu- sively to the objects the asscssee will apply992 THE GAZETTE OF INDIA : MARCH 10, 2001/PHALGUNA 19, 1922 [PART I I — S E C. 3(ii)] New Delhi, the 16th November, 2000

(INCOME TAX)

S.O. 472.—In exercise of the powers conferred by the sub-clause (v) of clause (23C) of section 10 of the Income-tax Act, 1961 (43 of 19(S1), the Central Govremnent hereby notifices the "Amrit Nath Ashram, Calcutta" for the purpose of the saio. sub-clause for the assessment years 2000-2001 to 2002-2003 subject to the following conditions, namely ;—

(i) fhe asscssee will apply its income, or accu- mulate for application, wholly and exclu- sively to the objects the assessee will apply its income, or accumulate for application for which it is established ;

(ii) the assessee will not invest or deposit its funds (other than volunfaiy contributions received and maintained in the form of jewellery, furniture etc.) for any period during the previous years relevant to the assessment years mentioned ab^ve r+hp-r- wise than in any one or more of the fotmi or modes specified in sub-section (5) of Section 11 ;

(iii) this notification will not apply in relation to any income being profits and gains of business, unless the business is incidental to fhe attainment of the objectives of tfie assessee and separate books of accounts are maintained in respect of such business;

(iv) the assessee will regularly file its return of income before the Income-tax authority in accordance with the provisions of the Income-tax Act, 1961 ;

New Delhi, the 6th February, 2001

(INCOME TAX)

(v) that in the event of dissolution, its surplus and the assets will be given to a charitable organisation with similar objectives.

S.O. 473.^-In exercise of the powers conferred by the sub-clause (vi) of clause (23C) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies the "Catholic Institute of [Notification No. 11550/F. No. 197/]3/2000- TTA-IJ SAMAR BHADRA, Under Secy.

§9$ Carmelite Sisters, Jalandhar" for the purpose of the said sub-clause for the assessment years 1999-2000 to 2001-2002 subject to the following conditions, namely :—

. (i) the assessee will apply its income, or accu- mulate for application, wholly and exclu- sively to the objects the assessec will apply its income, or accumulate fur application for which it is established ;

(ii) the assessee- will not invest or deposit its funds (other than voluntary contributions received and maintained in the form of jewellery, furniture etc.) for any period; during the previous years relevant to the] assessment years mentioned above other- wise than in any one or more of the forms or modes specified in sub-section (5) of Section 11 ;

(iii) this notification will not apply in relation (to any income being profits and gains of business, unless the business is incidental to the attainment of the objectives of the assessee and separate books of accounts are maintained in respect of such business;

(iv) the assessee will regularly file its return of income before the Income-tax authority in accordance wifih the provisions of the Income-tax Act, 1961 ;

New Delhi, the 7th February, 2001 (v) that in the event of dissolution, its surplus and tlhe assets will be given to a charitable organisation with similar objectives.

(INCOME TAX) [Notification No. 27/2001/F. No. 197/105|2000- ITA-1]

SAMAR BHADRA, Under Secy,

S.O, 474.—In exercise of the powers conferred by the sub-clause (via)) of clause (23C) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies the "Dr. Vidya Sagar Kaushalya Devi Memorial Health Centre, New Delhi" for the purpose of Che said sub-clause for the assess- ment years 1999-2000 to 2001-2002 subject to the Following conditions, namely :—

(i) the assessee will apply its incbme,or accumu- late for application, wholly and exclusively to tlie objects for which it is established ;

(ii) the assessee will not invest or deposit its funds (other than voluntary contributions received and maintained in the form of jewellery, furniture etc.) for any period during the previous years relevant to the assessment years mentioned above other- wise than in any one or more of the forms or modes specified in sub-section (5) of Section 1 1;

(iii) this notification Will not apply in relation to any income ,being proiits and gains of business, unless the business is incidental to the attainment of the objectives of the assessee and separate books of accounts are maintained in respect of such business;

(iv) the assessee will regulnrly file its return of income before the Income-tax authority in994 THE GAZETTE OF INDIA : MARCH 10, 2001/PHALGUNA 19, 1921 [PART H—SEC. 3(U)] New Delhi, the 7th February, 2001 accordance with the provisions of the Income-tax Act, 1961 ;

(INCOME TAX) (v) that in the event of dissolution, its surplus and the assets will be given to a charitable organisation, with similar objectives. [Notification No. 32/2001/F. No. 197[ll|2001- 1TA-1] SAMAR BHADRA, Under Secy.

S.O. 475.—In exercise of the powers conferred by the sub-clause (via) of clause (23C) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central" Government hereby notifies the "Belle Vue Clinic, Calcutta" for the purpose of the said sub-clause for the assessment years 1999-2000 to 2001-2002 sub- ject to the following conditions, namely :—

(i) the assessee will apply its income,or accumu- late for application, wholly and exclusively to the objects for which it is established ;

(ii) the assessee will not invest or deposit its funds (other than voluntary contributions received and maintained in the form of jewellery, furniture etc.) for any period during the previous years relevant to the assessment years mentioned above other- wise Chan in any one or more of the forms or modes specified in sub-section (5) of Section 11 ;

(iii) this notification will not ap^ply in relation to any income being profits and gains of business, unless the business is incidental to flic attainment of the objectives of the assessee and separate books of accountsi are maintained in respect of such business;

(iv) the assessee will regularly file its return of income before the Income-tax authority in, accordance with the_ provisions of the Income-tax Act, 1961 ;

(v) that in the event of dissolution, its surplus and- the assets will be given to a charitable organisation with similar objectives.

[Notification No. 33/2001/F. No. 197/3312000- ITA-I]

SAMAR BHADRA, Under Secy.

995

businfess, unless the business is incidental to rhe attainment of the objectives of the assessee and separate books of accounts are maintained in respect of such business;

(iv) the assessee will regularly file its return of income before the Income-tax authority in accordance with the provisions of the Income-tax Act, 1961;

(v) that in the event of dissolution, its surplus and the assets will be given to a charitable organisation with similar objectives.

[Notification No. 38/2001/F. No. 197|13|20Ol- ITA-T]

SAMAR BHADRA, Under Secy.

New Delhi, the 16th February, 2001 .

(INCOME TAX)

S.O. 476.—In exercise of the powers conferred by the sub-clause (vi> of clause (23C) of section 10 of trie Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies the "Vignan Educational Fbundation, Bangalore" for the purpose of the said sub-cfeuse for the assessment years 1999-2000 to 2001-2002 subject fo the following conditions, ; namely:—

(i) the assessee will apply its income,or accumu- late for application, wholly and exqlusively to the objects for which it is established;

(ii) the assessee wild not invest or deposit its funds (other than volunfary contributions received and maintained in the form of jewellery, furniture etc.) for any peiiod during the previous years relevant to the assessment years mentioned above other- wise fnan in any one or more of the forms or modes specified in sub-section (5) of Section 11 ;

(iii) this notification will not apply in relation to any income being profits and gains of996 THE GAZETTE OF INDIA : MARCH 10, 200I/PHALGUNA 19, 1922 [PART H—SEC. 300} New Delhi, the 22nd February, 200) (INCOME TAX)

S.O. 477.—It is hereby notified for general information that the organisation mentioned below hus been approved, by the Central Government for the period mentioned against its name for the pur- pose of clause (iii) of sub-section (1) °f section 35 of the Income tax Act, 1961, read with Rule 6 of the Income-tax Rules, 1962, under the category "Institution" subject to the following conditions : —• (H The notified Institution shall maintain separate books of accounts for its reseaich activities;

(ii) The notified Institution shall furnish the Annual Return of its scientific research activities to the Secretary, Department of Scientific & Industrial Research, "Techno-, logy Bhawan", New Mehrauli Road, New Delhi-110016 for every financial year on or bcfoie 31st May of each year;

(iii) The notified Institution shall submit, on be- half of Ihe Cential Government, to (a) the Director General of Income-tax (Exemp- tions), 10 Middleton Row, 5th Floor, Cdlcutta-700071 (b) the Secretary, De- partment of Scientific & Industrial Research, and (c) the Commissioner of Income tax| Director of Income-tux (Exemptions), living juiisdiction over the organisation, on or before the 31st October ench year, a copy of its audited Annual Accounts and also a copy of audited Income & Expendi- ture Account in respect of its research activities for which exemption was granted under sub-section (1) of section 35 of Income-tax Act, 1961 in addition to the return of income-tax to the designated assessing officer.

S. No. Name of the organisation Period for which approved Notification is effective 1. Arpana Tiust 1-4-99 to 31-3-2001 Madhuban 132 037- District Karnal (Haiyana)

Notes—Tho notified Institution is advised to apply in triplicates and well in advance for fur- ther extension of the approval, to the Central 'Government through the Commis- sioner of Income tax [Director of Income tax (Exemptions) having jurisdiction. Three copies of the application for exten- sion of approval shall be sent directly to Secretary, Department of Scientific and Industrial R"se

[Notification No. 39l2001|F. No. 203|89^2OOO- ITA-II] KAMLESH C. VARSHNEY, Under Secy.

tot

(iii) The notified Institution shall.submit, on b$" half of the Central Government, to (a) the Director Genejal of Income tax (Exemp- tions), 10 Middltton Row, 5th Floor, Calcutta-700071 (b) the Secretary, De- partment of Scientific & Industrial Research ?nd (c) the Commissioner of Income tax] Director of Income tax (Exemptions), having jurisdiction over the organisation, on or before the 31st October each year, a copy of its audited Annual Accounts and also a copy of audited Income & Expendi- ture Account in respect of its research activities for which exemption was granted undeT sub-section (1) of section 35 of Income tax Act, 1961 in addition to the return of income tax to the designated assessing officer.

9. No. Name ot the organisation

approved

Period for which Notification is effective

1-4-2000 to 31-3-2003

1 KanwtaKa State Sericulture Research Development Institute, Thalafehaltapura, Bangaloie-560062

2. Shri Ram Scientific A

1-4-2000 to 31-3-2003

1-4-2000 to 31-3-2003

Industrial Research Foundation, Sanskrit! Bhawan, Jhandewalan, New Dolhi-l 10055 3. Hirabai Cowasji Jchanglr Medical Research Institute, 32, Sesooit Road, Pune-411001

Notes.—The notified Institution is advised to apply in triplicates and well in advance for renewal of the approval, to tn& Central Government through the Commis- sioner of Income taxlDirector of Income tax (Exemptions) having jurisdiction. Three copies of the application for renewal of approval shall also he sent directly to the Secretary, Department of Scientific and Industrial Research.

New Delhi, the 22nd February, 2001

(INCOME TAX)

[Notification No. 40|2001)F. Nr>. 203|10!20Ol- rrA-in KAMLESH C. VARSHNEY, Under Secy.

S.O. 478.—It is hereby notified -for general information that UK urganis ilion mentioned below has been approved by the Central Government for the period mentioned against theii Dames for the pur- pose of clause (ii) of sub-section (1) of section 35 of the Income Tax Act, 1961. read with Rule 6 of the Income Uix Rules, 1962, under the category "Institution" subject to the following conditions :—

(i) The notified Institution shall maintain separate books of accounts for its research activities;

(ii) The notified Institution shall furnish the Annual Return of its scientific research activities to the Scoctary, Department of Scientific & Industrial Research,-"Techno- logy Bhawan¹, Now Mehrauli Road,- New Delhi-II0016 for every financial year on or be'oie 31st May of each year;

have been approved b> the Central Government for the pericKl mentioned against their names for the pur- pose of clause (ii) of sub-section (1) of section 35 of the Incv-u Tax Act, 1961, read with Rule 6 of xhc Income fax Rules, 1962, under the category "Association" subject to the following conditions :—

(i) The notified Association shall maintain separate books of accounts for its research activities;

(ii) The notified Association shall furnish the Annual Return of its scientific research activities to the Secretary, Department of Scientific & Industritl Research. "Techno- logy Bhawan', New Mehrauli Road, New Delhi-110016 for every financial year on or buforc 31st May of each year;

(.n) The notified Association shall submit, on be- half of the Central Government, to¹ (a) the Director General of Income tax (Exemp- tions), 10 Mkldlcton Row, 5th Floor, Calcutta-700071 (b) the Secretary, De- partment of Scientific tk Industrial Research, find (c) the Commissioner of Income tax| Director of Income tax (Exemptions), having jurisdiction over the organisation, on or before the 31st October each year, a copy of its audited Annual Accoonts and also a copy of audited Income & Expendi- torc Account in respect of its research activities for which exemption was granted under sub-section (1) of section 35 of Income tax Act. 1961 in addition to the return of incdme tax to the designated assessing officer.

Name of the organisation

9. No.

approved

Period for which Notification is effective

1.

1-4-2000 to 31-3-2003

2.

22-6-2000 to 31-3-2002

J.

1-4-1999 to 31-3 2002

Indo-French Centre for the Promotion of Advanced Research, Indian Habjta Centre, Lodhi Road, New Delhi-110003 The South Indian ' Sugarcane * Sugar Technologists' Association, 49-m Main Road. Gandhi Nagar, Adyar, Chennai-600020 Centre for Development of Advanced Computing, Pune University Campus, Ganethkhind Road, Pune-411007

New Delhi, the 22nd February, 2001

Notes.—The notified Association is advised to apply in trinl'caies ?nd well in advance for renewal of The approval, to the Central Government through the Commis- i'"oner of Tncom? tax [Director of Income tax (rs.'nvtf'ons) having jurisdiction. Three copies of the application for J encw^al of aporovnl shall also be ^ent d-'re-tlv to the S*cr<°tarv, Department of Scientific and Industrifll Research.

(INCOME TAX)

S.O. 479.—It is hereby notified for general information that the organisation mentioned below

fNotification No. 41'200J|F. No. 2O3|1O|2OO1- ITA-IH KAMLESH C. VARSHNEY, Under Secy.

New Delhi, 4"'>fan& February^ 2&>I ;

(INCOME TAX)

S.O. 480.—It is hereby notified for general information that the organisation mentioned below has been approved by the Central Government for the period mentioned against their name for the pur- pose of dause (ii) of Sub-section (1) of Section 35 of thu Income Tax Act, 1961. read wi;b Rule 6 of the Income tax Rules, 1962, under the category "University" subject to the following conditions :—

(i) The notified University shall maintain separate books of accounts for its research activities;

(ii) The notified University shall furnish the Annual Return of its scientific research activities to tki Secretary, Department of Scientific and Industrial'Research. "Techno- logy Bhawan', New Mehrauli Road, New Delhi-110016 for every financial year ou or before 31st May of each year;

(iii) The notified University shall submit, on be- hnJf of ths Central Government, to (a) the Director Genera! of Income tax (Exemp- tions), 10 Middleton Row, 5th Floor, Calcutta-70071, (b) the Secretary, De- partment of Scientific and Industrial Research and (c) the Commissioner of Income taxf Director of Income tax (Exemptions), having jurisdiction over the organisation, on or before the 31st October each year, a copy of its audited Annual Accounts and also a copy of audited Income and Expendi- ture Account in respect of its research activities for which exemption was granted under Sub-section (1) of Section 35 of . Income tax Act, 1961 10 addition to the return of income: tax to the designated assessing officer.

S. No. Name of the organisation Period for which approved Notification is effective

1. Indian Institute of 1-4-99 to 31-3-2001 Science, Science Insli- tute, Post Office, Bangalore-560012.

Notes.—The notified College is advised to apply in triplicates and well in advance for renewal of the approval, to the Central 'Government through the Commis- sioner of Income tax | Director of Income tax C Exemptions) having jurisdiction. Three copies of the applications for rene- wal of approval shall also be sent directly to the Secretary, Department of Scientific #nd Industrial Research.

[Notification No. 42I2OOJ [F. No. 203jl0|2001-

ITA-IT]

KAMLESH C- VA.RSHNEY, Under Secy.

(Narcotics Control Division) (Legal Cell) New Delhi, the 22nd February, 2001 S.O. 481.—In exercise of the powers conferred by sub-section (8) of section 24 of the Code of Cri- minal Procedure, 1973 (2 of 1974), read with sec- tion 36C of the Narcotic Drugs alnd Psychotropic Sub- stances Act, 1985 (61 of 1985), the Central Govern- ment hereby appoints, Shri R. P. Srivastava Ad\ocate, as Special Public Prosecutor for the purpose of con- ducting cases of Narcotics Control Bureau on behalf or the Central Government under the Narcotic Drugs amd Psychotropic Substances Act, 198.1 it the courts at Varanasi, for a period of three years or until further orders, whichever is earlier.

Provided that Shri R. P. Srivastava shall not appear as a defence counsel or behalf of any accused booked by the Central or a State Government for an offence under the Narcotic Drugs and Phychotrcpic Sub- stances Act, 1985, durinj; the said period of three years.

[F. No. IV|6|20OO-NCD(Leeal)] S. KUMAR. Dy. Legal Advisor (Department of Economic Affairs)

(Banking Division)

New Delhi, the 23rd February, 2001 S.O. 482.—In exercise of the powers conferred by ciauie (a) of sub-section (3) of section 9 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, read with sub-clause (1) of clause 3, clause 5, clause 6, clause 7 and sub- clause (1) of clause 8 of the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1980, the Central Government, after consultation with the Reserve Bank of India, hereby appoints Shri N. S. Gujral, Executive Director, Corporation Bank as Chairman and Managing Director, Punjab alnd Siud Bank for the period from the date of his taking charge and upto 30th September, 2005.

[F. No. 9|22|2000-B.O.I(i)] RAMESH CHAND, Under Secy.

New Delhi, the 23rd February, 2001 S.O. 483.—Tn exreeise of the powers conferred by claubs (a) of sub-section (3) of section 9 of the Bank- in v Companies (Acquisition and Transfer of Under- takings) Act, 1980, read¹ with sub-clause (1) of clause 3 and sub-dame (1} of clause 8 of the Nation- alised Banks (Management and Miscellaneous Pro- vision) Scheme, 1980, the Central Government, after consultation with the Reserve Bank of India, hereby appoints Shri P. K. Gupta presently General Mana- ger, Punjab National Bank as a whole time director (designated as the Executive Director) of Corporation Bank for a period of five years from the date of his taking charge.

[F. No. 9|22|2000-B.O.I(ii)] RAMESH CHAND, Under Secy.

xm MINISTRY OF COAL

New Delhi, the 27th February, 2001

S.O. 484.—Whereas it appears to the Central Government that Coal is likely to be obtained from the land mentioned in the Schedule hereto annexed;

Now, therefore, in exercise of the powers conferred by sub-s;ction(])of Section 4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the said Act), the Central Government therein;

The plan No.Rev,/3/99 dated the 22nd May, 1999 of the area covered by this notification can be inspected in the Office of the Central Coalfields Limited (Revenue Section), Darbhanga House, Ranchi or in the C^icc of the Deputy Commissioner, Hazaribagh (Bihar), or in the Oflice of the Coal Controller, 1, Council House Street, Calcutta.

All persons, interested in the laud covered by this notification shall deliver all maps, charts and other documents referred to in sub-section (7) of section 13 of the said Act to the Officer-in-Charge/Head of the Department (Revenue), Central Coalfields Limited , Darbhanga House, Ranchi within ninety days from the date of the publication of this notification in the Official Gazette.

SCHEDULE

Kcdla, Jharkhand Block Extension

Distt.—Hazaribagh

Drg. No. Rev/3/99

Dated 22-5-1999

(Showing land notified for prospecting) All Rights

Village

Thana

District Area in

Area in Remarks

Thana No.

Sl. No.

Acres

Hcctars

475.40

160

Hazaribagh

¹ Mandu

192.46 Kedla

Part 1.

. ..

475.40

192.46

Total

(appro*.) (approx.) A B Line starts from 'A' and passes through common boundary of villages Kedla and Banji (alongwith Kfdla Banji Road) and meets nt point 'B'.

1003 B—C—D—E—F—O Lines pass through in village Kcdla along common boundary of Parcj Extension Block and meet at point 'G\

G—H

Line passes through common boundary of villages Kedla and Loiyo and meets at point •H\

H-I-J-K-L-M-N-O Lines pass through in village Kedla along common boundary of Kedla Jharkhand Block and meets at point ' O\

O-P

Line passes through in village Kcdla along common boundary of Kedla Jharkhand Block and meets at point ' P\

P-A

Line passes through common boundary of villages Kedla and Ichakdih along common boundary of Parej Extension Block and meets at starting point 'A'.

[No. 43015/22/2000-PRIW] SANJAY BAHADUR, Dy. Secy.

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 5th March, 2001

S.O. 4S5.—In pursut.:icc of clause (a) of Section 2 of the Fe'.rokum and Minerals Pipeline (Acquisition of Right of User in Land) Act, 1962 (50 of 1962) and in supersession of the notification of the Government of India n the Ministry of Petroleum and Natural Gas No. S.O. 1300, dated the 17th May, 1997, the Central Government1004 THE GAZETTE OF INDIA : MARCH 10, 2001/PHALGUNA 19, 1922 [PART II—SEC. 3(ii)] hereby authorises the person mentioned in column (I) of the Schedule below to perform the functions of the com- petent authority under the provisions of the said Act, within the areas mentioned in the corresponding entry in column (2) of the said Schedule :

SCHEDULE

Area of jurisdiction

Name and addrers of the authority

(2)

(1)

State of West Bengal

Shri Bandhan Kumar Dutta, SRO-1I Land Acqiiisition Officer on deputation from the Government of West Bengal, Competent Authority, Indian Oil Corporation Limited, Augmentation of Haldia Barauni Crude Oil Pipeline Project, Kashberia, P.O. Khanjanchak, Haldia-721 602 District ltiidnapur (West Bengal),

[No. R-31015/6/97-OR-I]

S. CHANDRASEKHAR, Under Secy.

MINISTRY OF CIVIL AVIATION

New Delhi, the 26th February, 2001

S.O. 486.—In exercise of the powers conferred by Section 3 of the Public Premises (Eviction of Unautho- rised Occupants) Act, 1971 (40 of 1971), the Central government hereby inakes the following amendments in the notification of the Government of India in the Ministry of Civil Aviation No." S.O. 1796, dated the 1st My, 1997, namely :—

(a) against serial No. 2, in Column 1, for the words and brackets "Deputy General Manager (Airport)", the words "Deputy Air- port Director" shall be substituted;

(b) against serial No. 3,—

(i) in Column 1, for the words "Mumbai Inter- national Airport", the words "Chhatrapati Shivaji International Airpdrt" shall be

substituted;

(ii) in Column 2, for the words "Saliar Interna-

tional Airport", the words "Chhatrapati¹* Shivaji International Airport" shall be substituted;

-.

(c) against serial No. 4, in Column 1, for the words and brackets "Deputy General Manager (Airport)", the words "Deputy Air- port Director' shall be substituted;

(d) against serial No. 8, for the entry in Column 1, the folldwing shall be substituted, namely:-

"Regional Executive Director|Airport Director]

Additional General Manager|General ^ Manager|Senior Manager|Managcr]Assis- tant Manager holding charge at thg Air- ports, Civil Enclaves and any other Stations in India".

[No. AV-24011]002|2001-AAI]

K. RAMAKRISHNAN, Under Secy.

1005

570QI/2001—3

MINTSTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

New Delhi, the 22nd February, 2001

S.O. 487.—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 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) and (8) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of non-automatic, weighing instrument (Table top type) with digital indication (here in after referred to as the model) of "EE" series belonging to high accuracy class (accuracy Class II) and with brand name "ELITE", manufactured by M/s. Elite Electronics, Opposite Patel Wadi, Shivaji Nagar, Savarkundla,-364 515, Gujarat and which is assigned the approval mark IND/09/00/219;

The model is a non-automatic weighing instrument of table top type with digitial indication of miximum capacity of 11kg., minimum capacity 50 g. and belonging to high accuracy class (accuracy class II).The value of verification scale interval (e) is lg. The display unit is of light emitting diode. The instrument operates on 230 V, 50 Hertz alternate current power supply;

• ^ Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover the weighing instruments of similar make, accuracy and performance of same scries with maximum capacity upto 50 kg with number of verification scale internal (n) in the range 100 to 100,000 for 'e' value 1 mg to 50 mg and with number of verification scale interval (n) in the range 5000 to 100,000 for 'E' value of 100 mg or more and with 'E' value of 1, 2 and 5 series manufactured by the same manufacturer in accordance with the same parinciple, design and with the same materials which, the approved model has been manufactured.

[F. No. W.M.-21(62)/99]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 100710O8_ . _ _M_ _ JI™ GAZETTE OF INDIA: MARCH 10,2001/THALGUNA 19,1922 tpAXtVH%8C. ftH))

New Delhi, the 27th February, 2001

S.O. 488.—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 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 Jccuracy over periods of sustained use arid to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) and (8) 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 (Platform type) with digital indication (here in after referred to as the model) of "EE" series belonging to medium accuracy class (accuracy class III) and with brand name "ELITE", manufactured by M/s. Eilte Electronics, Opposite Patel Wadi, Shivaji Nagar, Sstvarkundla,-364 515. Gujarat and which is assigned the approval mark JND/09/00/220;

The model is a rum-automatic weighing instrument of platform type with digitial indication of maximum capacity of 30 kg, minimum capacity 100 g and belonging to medium accuracy class (accuracy class HI). The value of verification scale interval (e) is 5g. The display unit is of light emitting diode. The instrument operates on 230 V, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 5 tonne and with number of verification scale interval (n) in the range 100 to 10,000 for 'e' value 100 mg to 2 g and with number of verification scale interval (n) in the range 500 to 10,000 for 'e' value of 5 g or more and with 'e' value of 1,2 and 5 series manufactured by the same manufacturer in accordance with the same principle, design and with the same materials which, the approved model has been manufactured.

[F. No. W.M.-2K62V99]

P. A. KR1SHNAMOORTHY, Director, Legal Metrology witotf rtftftr-'tf-' hJ" tHEOAZarft"^WDJA:i^ftCH10,20M/rttAL(H^AlC"^ (PAittlMfaa3 ffltf

New Delhi, the 26th February, 2001

S.O 489.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied-conditions;

Now, therefore, in exercise of the powers conferred by sub-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 (Table Top type) with digital indication of 'DS 498' series belonging to Medium accuracy class (accuracy class III) and with brand name "ESSAE" (hereinafter referred to as the Model) manufactured by M/s. Essae Electronics, Private Limited, No. 377, 6th Cross, Wilson Garden, Bangalore-560027 and which is assigned the approval mark IND/09/C0'214;

The Model is a non-automatic weighing instrument of table top type with digital indication of maximum capacity of 6 kg, minimum capacity 20 g and belonging to Medium accuracy class (accuracy class III). The value of verification scale interval (e) is 1 g. The display unit is of vacuum florescent display. The instrument operates on 230 V, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 50 kg and with number of verification scale internal (n) in the range 100 to 10,000 for 'e' value 100 mg to 2 g. and with number of verification scale interval (n) in the range 500 to 10,000 for 'e' value of 5 g or more with 'e' value of 1x10*. 2xlOk or 5xlOk, k being a negative or positive whole number or zero manufacturer by the same manufacturer in accordance with the same principle, design and with the same materials with which the approved Model has been manufactured.

[F.No.W.M.-21(74)/99]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 10111012 THE GA2ETTEOF INDIA: MARCH 10,2001/PHALGUNA19,1922 [PARTII—SBC.3(ii)I

New Delhi, the 27th February, 2001

S.O. 490.—Whereas the Central Government, afte^considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see 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) and (8) 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 (Table Top type) with digital indication (hereinafter referred to as the model) of 'ITT' series belonging to Medium accuracy class (accuracy class III) and with brand name "INDOTECH", manufactured by M/s. Indotech Electronics, Weighing System, A-87, Wazirpur Industrial Area, New Delhi-52 and which is assigned the approval mark IND/09/00/221;

The Model is a non-automatic weighing instrument of table top type with digital indication of maximum capacity of 30 kg, minimum capacity 100 g and belonging to Medium accuracy class (accuracy class III). The value of verification scale interval (e) is 5 g. The display unit is of light emitting diode. The instrument operates on 230 V, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range 100 to 10,000 for 'e' value 100 mg to 2 g and with number of verification scale interval (n) in the range 500 to 10,000 for 'e' value 5 g or more and with 'e¹ value of 1, 2 and 5 series manufactured by the same manufacturer in accordance with the same principal, design and with the same materials which the approved model has been manufactured.

[F.No. W.M.-21(23)/99]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 1013 570GI/200j1—41014 ' THE GAZETTE OF INDIA: MARCH 10,2001/PHALGUNA 19,1922 [PART II—SEC. 3 (ii)]

New Delhi, the 27th February, 2001

S.O. 491 .—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 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) and (8) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of model of non-automatic, weighing instrument (Platform type) with digital indication (here in after referred to as the model) of 'ITP' series belonging to Medium accuracy class (accuracy class III) and with brand name "INDOTECH", manufactured by M/s. Indotech Electronic, Weighing System, A-87, Wazirpur Industrial Area, New Delhi-52 and which is assigned the approval mark IND/ 09/00/222;

The Model is a non-automatic weighing instrument of platform type with digital indication of maximum capacity 100 kg, minimum capacity 200 g and belonging to Medium accuracy class (accuracy class III). The value of verification scale interval (e) is lOg. The display unit is of light emitting diode. The instrument operates on 230 V, 50 Hertz alternate current pdwer supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 5 lonne and with number of verification scale internal (n) in the range 100 to 10,000 for V value 100 mg to 2 g and with number of verification scale interval (n) in the range 500 to 10000 for 'e' value of 5 g or more and with 'e' value of 1, 2 and 5 series manufactured by the same manufacturer in accordance with the same principal, design and with the same materials which the approved model has been manufactured.

[F.No.W.M.-21(23)/99]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 1015t0t6 T TH THE GAZETTE OFINfrlA: MARCH 10,2001/FHALCttM 19,1922 "#ARTH^SEC.3 I

New Delhi, the 27th February, 2001

S.O. 492 .—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 figure ) 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 undei varied conditions;

Now, therefore, in exercise of the powers conferred bv sub-section (7). of section 36 of the said Act. the Central Government hereby publishes the certificate of approval of model of non-automatic, weighing instrument (table top type) with digital indicaiion (hereinafter referred to as the model) of 'SWI' series belonging to High accuracy class (accuracy class II) and with brand name "SWISSER", manufactured by M/s. Swisser Instruments, B-29, Gopalnagar, Gandhinagar-382 424 Gujarat and which is assigned the approval mark IND/09/00/126;

The said Model is a non-automatic weighing instrument (table top type) with digitial indication of maximum capacity 22 kg, minimum capacity 100 g and belonging to High accuracy class (accuracy class It). The value of verification scale interval (e) is 2g. The display unit is of light emitting diode (LED) type. The instrument operates on 230 V, 50 Hertz alternate current power supply;

Further, in exercise, of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make accuracy and performance of same scries, with maximum capacity upto 50 kg and with maximum number of verification scale internal (n) less than or equal to 1,00,000 (n £ 1,00.000) and wiih V value to lx 10\ 2 x 10k to and 5 * 10" , k being a positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principal, design and with the same materials which the approved model has been manufactured.

[F.No.W.M.-21(42)/99]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 161*71018 THE GAZETTE OF INDIA: MARCH 10, 2001/PHALGUNA 19,1922 [PART II—SEC. 3 (ii)]

New Delhi, the 27th February, 2001

S. O. 493.—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 (sec figure ) 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 non-automatic, weighing instrument (Platform type) with digital indication (hereinafter referred to as the model) of 'SWIP' scries belonging to Medium accuracy class (accuracy'class HI) and with brand name "SWISSER", manufactured by M/s. Swisser Instruments, B-29, Gopalnagar, Gandhinagar-382424 Gujarat and which is assigned the approval mark IND/09/00/127;

The said Model is a non-automatic weighing instrument (Platform type) with digitial indication of maximum capacity 30 kg, minimum capacity 100 g and belonging to Medium accuracy class (accuracy class III). The value of verification scale interval (e) is 5g. The display unit is of light emitting diode (LED) type. The instrument operates on 230 V, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 5 tonne and with maximum number of verification scale interval (n) less than or equal to 1,0,000 (n ^ 10,000) and with 'e' value to lx 10l, 2 x 10\ 5 x 10k', k being a positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials which, the approved model has been manufactured.

[F,No.W.M.-21(42)/99]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 10191020 THE GAZETTE OF INDIA: MARCH 10,2001 /PHALGUNA 19,1922 [PART II—SEC.3"i)]

New Delhi, the 27th February, 2001

S. O. 494 ,—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain 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 ot the said Act, the Central Government hereby publishes the certificate of approval of the model of the non-automatic, weighing instrument (Table top type) belonging to Medium accuracy (accuracy class III) of "DWT" series with brand name "DIGI WEIGH", (herein referred to as the model) manufactured by M/s. Pragi Electronics, 19/27,12th Cross, New Thillai Nagar North, P. N. Pudur (P.O.), Coimbatore-641041 and which is assigned the approval mark IND/Q9/2000/146;'

The said Model (the figure given) is a non-autonomatic weighing instrument (Table top type). The maximum capacity is 15 kg, minimum capacity 100 g. The value of verification scale interval (e) is 5g. It has a tare device with a 100 percent substractive retained tare effect. The load receptor is of rectangular section of side 190 x250 mm. The light emitting diode (LED) display indicates the weighing result. The instrument operates on 230 V, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 50 kg with number of verification scale division (n) less than or equal to 10,000 (n A 10,000) and with 'e' value of lx 10", 2 x 10*. 5 x 10"k being a positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model has been manufactured.

lF.No.W.M.-21(64)/200p]

P. A. KRISHNAMOORTIIY, Director, Legal Metrology 1021 570GI/2001—51014 THE GAZETTE OF INDIA: MARCH 10.2001/PHALGUNA 19.1922 [PART II—SEC. 3 GO]

New Delhi, the 27th February. 2001

S.O. 491 .—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 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) and (8) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of model of non-automatic, weighing instrument (platform type) with digital indication (here in after referred to as the model) of 'ITP' series belonging to Medium accuracy class (accuracy class III) and with brand name "INDOTECH", manufactured by M/s. Indotech Electronic, Weighing System, A-87, Wazirpur Industrial Area, New Delhi-52 and which is assigned the approval mark IND/ 09/00/222;

The Model is a non-automatic weighing instrument of platform type with digital indication of maximum capacity 100 kg, minimum capacity 200 g and belonging to Medium accuracy class (accuracy class III). The value of verification scale interval (e) is lOg. The display unit is of light emitting diode. The instrument operates on 230 V, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 5 tonne and with number of verification scale internal (n) in the range 100 to 10,000 for 'e¹ value 100 mg to 2 g and with number of verification scale interval (n) in the range 500 to 10000 for 'e' value of 5 g or more and with 'e' value of 1, 2 and 5 series manufactured by the same manufacturer in accordance with the same principal, design and with the same materials which the approved model has been manufactured.

LF.No.W.M.-21(23)A>9]

P. A. KRISHN AMOORTHY, Director, Legal Metrology IO" r*..".:',ff^ . • ^ * ^ f tWW f e aW 2 0 0 i ^^

New Delhi, the 27th February, 2001

S. O.496 .—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 ihe 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, the refore, 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 (Platform type) belonging to Medium accuracy (accuracy class III) of "DWP" series with brand name "DIGI WEIGH", (herein referred to as the model) manufactured by M/s. Pragi Electronics, 19/27,12th Cross, New Thillai Nagar North, P. N. Pudur (P.O.), Coimbatore-641041 and which is assigned the approval mark IND/09/2000/148;

The said Model (the figure given) is a non-autonomatic weighing instrument (Platform type). The maximum capacity is 50 kg, and minimum capacity 200 g. The value of verification scale interval (e) is lOg. It has a tare device with a 100 per cent subslrin'tivc retained tare effect. The load receptor is of square section of side 400 x 400 mm. The light Emitting Diode (LED) display indicates the weighing result. The instrument operates on 230 Volts, 50 Hertz alternate current power supply:

Further, in e.xercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declaro"-! that this cerlificatc of approval of the Model shall also cover the weighing instruments of similiar make, accuracy and performance of same scries with maximum capacity upto 5000 kg with number of verification scale division (n) less than oi equal to 1,00,000 (n*, 1,00,000) and with 'e' value of lx 10\ 2x 10\ 5x 10k k being a positive or negative whole number o equLil tfi zer<., manuf ji lured by the same manufacturer with the same Principle design and with the same materials with which, the approved <:i> iclel has been manufactured.

[F.No.W.M.-21(64)/2000]

P. A, KK1SHNAMOORTHY, Director. Legal Metrology J025 ioff" ] y- >'"' 3?HE OAZETfE OF INDIA". U^RCH 10; ZOOi/PHAL^lM W i fe {PARTttUSfcc.?($]

New Delhi, the 27th February, 2001

S. O. 493.—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 figure) is in conformity with ihe 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 non-automatic, weighing instrument (Platform type) with digital indication (hereinafter referred to as the model) of 'SWIP' series belonging to Medium accuracy class (accuracy class III) and with brand name "SWISSER", manufactured by M/s. Swisser Instruments, B-29, Gopalnpgar, Gandhinagar-382424 Gujarat and which is assigned the approval mark IND/09/00/127;

The said Model is a non-automatic weighing instrument (Platform type) with digitial indication of maximum capacity 30 kg, minimum capacity 100 g and belonging to Medium accuracy class (accuracy class III). The value of verification scale interval (e) is 5g. The display unit is of light emitting diode (LED) type. The instrument operates on 230 V, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that^this certificate ofapproval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 5 tonne and with maximum number of verification scale interval (n) less than or equal to 1,0,000 (n ^ 10,000) and with V value to lx 10k, 2 x 10k, 5 x 10k , k being a positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials which, the approved model has been manufactured.

[fc No. W.M.-21 (429/99]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 10191028 THE GAZETTE OF INDIA: MARCH 10, 2001/PHALGUNA 19,1922 [PART II—SEC. 3 (ii)]

New Delhi, the 1 st March, 2001

S. O. 498.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain 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 "WT" series of high accuracy (accuracy class II) and with brand name "WEIGH TECH INDIA", (hereinafter referred to as the model;, manufactured by M/s. Weigh tech (India), 1496/13, Phulpura, Opp. Charbhuja Kirana Store, Old Madhupura, Ahmedabad-4 and which is assigned the approval mark IND/09/2000/255;

The said Model (figure given) is a weighing instrument with a maximum capacity of 22 kg and minimum capacity of 100 g. The verification scale interval (c) is 2 kg. It has a tare device with a 100 percent substraciive retained tare effect. The light emitting diode display indicates the weighing result. The instrument operates on 230 V, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 1,00,000 for "e" value of lmg to 50 mg and with numberof verification scale interval (n) in the range of 5000 to 1,00,000 for'e¹ value of 100 mg or more and with 'e' value of lx 10\ 2x 10", 5 x 10k> k being a positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model has been manufactured.

[F. No. W.M.-21 (261/2000]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 1029 570GI/2001—6^1030 ?' ⁴^' THE GAZETTE OF I N D ^: MARCH 10,2OO1/PHALQUNA19,1922 [PART II—SHC. 3 (ii)]

New Delhi, the 1 st. March, 2001

S. O. 499.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain 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 type) weighing instrument with digital indication of " WT series of medium accuracy (accuracy class III) and with brand name "WEIGH TECH INDIA", (hereinafter refferedto as the model), manufactured by M/s. Weightech (India), 1496/13, Phulpura, Opp. Charbhuja Kirana Store, Old Madhupura, Ahmedabad-4 and which is assignedthe approval mark IND/09/2000/256;

The said Model (figure given) is a weighing instrument with a maximum capacity of 30 kg, and minimum capacity of 100 g, The verification scale interval (e) is 5 kg. It has a tare device with a 100 percent substractive retained effect. The light emitting diode display indicates the weighing result, type. The instrument operates on 230 V, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make and performance of same series with maximum capacity upto 5 tonne and with number of verification scale interval (n) in the range of 100 to 10,000 for 'e' value of 100 mg to 2g and with number of verification scale interval(n) in the range of 500 to 10,000 for V value of5g or more and with 'e' value of 1 x 10\2 x 10^5 * lO^-kbeing the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model have been manufactured.

[F.No.W.M.-2](26)/20001

P. A KRISHNAMOOKTHY, Director, Legal Metrology 1031I03V? t HE GAZETTE Of INDIA: MARCH 10,2O01/£HALQUNA197 Vftl [ J P A R T B — S E ^ ( H )]

New Delhi, the 1st March, 2001

S.O. 500.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, m exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government heieby publishes the certificate of approval of the model of the self indicating, non-automatic, (Table topiype) weighing instrument with digital indication of "AXP" scries of high accuracy class (accuracy class II) and with brand name " AXPTiRT". thereinafter referred to as the model), manufactured by M/s. Axpert Enterprise, E/126 G.I.D.C, Electronics Ebtatc, Sector 26. Gandhi Nagar-3X2(>44 and which is assigned the approval markIND/09/2000/231;

The said Model (figure given) is a weighing instrument with a maximum capacity of 20 kg and minimum capacity of 100 g. The verification scale interval (e) is 2 g. It lias a tare device with a 100 per cent subbiractive retained xaxc effect. The light emitting diode display indicates the weighing result. The instrument operates on 230 V, and 50 HerU alternate current power supply

And further, in c\crcise of tne powers conferred b> sub-section (12) ol section 36 of the said Act, the Central Government hcreb) declare that this certificate of approval of the Model shall also cover the weighing instruments of same series with having nidMmum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 1 OOOOOfor'c'vuljeof 1 mg to 50mt>T.ndvi!h number of verification scale interval (n) in the range of 5000 to 1,00,000 for V valueof 100 mg or more ;md uilii V vnliieof t - 1'". 2 y 10", 5 - 10*- k being the positive or negative whole number or equal to zero, manufactured by ihe samr mam-Corn' ZT /, >lh the same principle design and with the same materials with which, the approved model lia\<- hrvn irum¹ : .;tutiJ

[F.No.W.M-21(51)/2000]

P A KRrSIlNAMOOKTHY, Director, Legal Metrology Tffif1034 THE GAZETTE OF INDIA .MARCH 10,2001/PHALGUNA19,1922 , (PART fl—SEC. 3 (ii)]

New Delhi, the 1st March, 2001

S.O. 501.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain 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 "AX" series of medium accuracy (accuracy class III) and with brand name "AXPERT", (hereinafter referred to as the model), manufactured by M/s Axpert Enterprise, E/126 G.I.D.C, Electronics Estate. Sector-26, Gandhi Nagar-382044 and which is assigned the approval markIND/O9/2OOO/232;

The said Model (figure given) is a weighing instrumeni with a maximum capacity of 10 kg, minimum capacity of 40 g. The verification scale interval (e) is 2 g. It has a tare device with a 100 per cent substractivc retained effect tare. The light emitting diode display indicates the weigliing result. The instrument operates on 230 V, and 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 10,000 for 'e' value of 100 mg to 2g and with number of verification scale interval (n) in the range of 500 to 10,000 for V value of 5 g or more and with 'e' value of 1 * 10\ 2 * 10\ 5 * 10"- 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(51)/20001

P. A. KRISHNAMOORTHY, Director, Legal Metrology 10351036 THE GAZETTE OF INDIA :MARCH 10,2001/PHALGUNA19,1922 [PARTII^S6C. 3 (a)]

New Delhi, the 1st March, 2001

S.O. 502.—Whereas the Central Government, after considering the report submitted to it by the Drescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain 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, (Plateform type) weighing instrument with digital indication of" AXP-100" series of medium accuracy (Accuracy class III) and with brand name " AXPERT", (hereinafter reffered to as the model), manufactured by M/s. Axpert Enterprise, E/126 G. ID. C., Electronics Estate, Sector-26, Gandhi Nagar-382044 and which is assigned the approval markIND/09/2000/233,

The said Model (figure given) is a weighing instrument with a maximum capacity of J 00 kg, minimum capacity 20 kg and minimum capacity of 200 g. The verification scale interval (e) is 10 g. It has a tare device with a 100 percent substractive retained tare effect. The light emitting diode display indicates the weighing result The instrument operates on 230 V, and 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument, of similar make, and performance of same scries with maximum capacity upto 5 tonne and with number of verification scale interval(n) in the range of 100 to 10 000 for Lc' value of 100 mg to 2g with number of verification scale inlerval(n) in the range of 5(K) to 10,000 for V value of 5 g'or more and with V value 1 * 10", 2 * 10\ 5 * \0v- k being positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle design and with the same materials with which, the approved model have been manufactured.

[F.No.W.M.-21(51)/2000]

P. A. KR1SHNAMOOKTHY, Director, Legal Metrology : fflf1038 THE GAZMlTfc OF INDIA: MARCH 10.2001/PHALGUNA 19,1922 [PART II—SEC. 3 (ii)]

New Delhi, the 1st March, 2001

S.O. 503.—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 (sec figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) arid 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) and (8) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of non-automatic weighing instrument (Table Top type) with digital indication (hereinafter referred to as the model of "AWJS" series belonging to High accuracy class (accuracy class II) and with brand name "LCS", manufactured by M/s. LCS Controls Private Limited, No. 12, East Road, West CTT Nagar, Chermai-600035 and which is assigned the approval mark IND/09/200W211;

The said Model (See the figure given below) is a non-automatic weighing instrument of table top type with digital indication of maximum capacity 300 g, minimum capacity 200 mg and beloging to high accuracy class (accuracy class II). The value of verification scale interval (e) is 10 mg. The display unit is of light crystal diode. The instrument operates on 230 V, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said \cl. the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 50 kg and with maximum number of verification scale interval(n) in the range of 100 to 10,00.00 for V value of 1 mg lo 50 mg and with number or verification scale interval(n) in the range of 5000 to 10.00,00 for V value of 100 mg or more and with V value of 1 * 10\ 2 x 10k, or 5 * lO¹- where k is a positive or negative whole number or zero, manufactured by the same manufacturer in accordance wilh the same principle design and with the same materials which, the approved model has been manufactured.

[F.No.W.M.-21(60)/991

P. A. KRISHNAMOORTHY, Director. Legal Metrology 10391040 THE GAZETTE OF INDIA: MARCH 10,200I/PHALGUNA19,1922 {PART II—SEC. 3 (ii)]

New Delhi, the 1st March, 2001

! S.O. 504.—Whereas the Central Government,-after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the automatic rail-weigh bridge for in motion weighing of MW-2100 scries with digitizer DS320 of class T accuracy with brand name "MW-2100", manufactured by M/s. Digital Wei ghing Systems (P) Ltd.. Jocobchall, Link Road, Bilaspur-495001 and which is assigned the approval mark IND/13/2OOO/251;

The Model is a class 1 accuracy weighing instrument with a maximum capacity of 100 tonne and minimum capacity of 400 kg. The verification scale interval (e) is 20 kg. It has a tare device with 100 percent substractive retained tare effect. The length of weighing zone platform is 3.6 m. The weighing speed is from 1 km to 20 km/hr. The light emission diode indicates the weighing result. The instrument operates on 230 Volts, 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 instruments erf same make and accuracy class with maximum capacity of from 25 to 100 tonne and with V value of 1 * 10*. 2 " 10K and 5 * 10*- k being a positive or negative whole number or equal to zero, manufectured by the same manufacturer in accordance with the same principal design and with the same materials with which, the approved model has been manufactured.

[F.No. W.M-21(84)/97

P. A. KRISHNAMOORTHY. Director. Legal Metrology * It Ft mfcf'T"*' v^i tm&AmrrEotmiA:MARCHm.2()oi/pmj&MAi%im Tf^rft^ficj^i

New Delhi, the 1st March, 2001

S.O. SOS.—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 ( sec Lhe figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 19^6 (60 of 1176) and lhe Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is Jikeh 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. lhe Central Government hereby publishes the certificate of approval of the model of the non-automatic weighing machine (mechanical Weighbridge) of medium (accuracy class III) (hereinafter referred to as the model), manufactured by M/s. Appolo Scale Manufacturing Works, 63, Indraprastha Park Society, Opp. Galaxy Cinema N.H No.-8, Naroda, Ahmcdabad-382330 and which is assigned the approval mark IND/09/2000/229,

The Model is a weighing instrument with a maximum capacity of 40 tonne and minimum capacity of 100 kg. The verification scale interval (c) is 5 kg;

Further, in exercise of the powers conferred by sub-section (12)' of the said section the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments or similmr make, accuracy and performance of same series with maximum capacity of more than 5 tonne and with number of verification scale interval (n) in the range 500 to 10,000 for V value of 5 g or more and V value of 1 * 10\ 2 < 10\ 5 * 1 & . k being a posim e or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model has been manufactured.

[F.No.WM -21(88)/2000|

P. A. KRISHNAMOORTHY. Director. Legal Metrology 10431044 THE GAZETTE OF INDIA: MARCH JO, 2001/tPHALGUNA 19,1922 [PART II—SEC. 3 (u)J

New Delhi, the 1st March, 2001

S.O. 506.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, along with the model approval and test results, granted and approved by the National Weights and Measures Laboratory, Department of Trade and Industry, Middle sex. England is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act. 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions:

Now, therefore, in exercise of the powers conferred by the third proviso to sub-section (3) and sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model in respect of "Liquid measure Automatic" with brand name "BONZER" (herein reffercd to as model) manufactured by M/s. Mitchell and Cooper Ltd. Framficld Road, Uckfield, East Sussck TN 22 5 AY England and marketed in India by M/s Shahaputra Trading (P) Ltd., 4/2 B & C Kanta Residency, 20th 'A' Main Road, Koramangala, 8th Block, Bangalore-560034 and which is assigned the approval of Model mark IND/07/2000/230;

The Model is a Liquid measure in Automatic Capacity of 30 ml. It is used to fill wine, spirit etc.

LF.No.W.M.-2l(118)/2()00]

P. A. KR1SHNAMOORTHY, Director, Ugal Metrology' 1045 570GI/2001—£1046 . THEGA2ETTEOFINDIA:MARCH10,2001/PHALGUNA19,1922 [PART II—SEC. 3 (ii)]

New Delhi, the 1st March, 2001

S. O. 507.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is In conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (weigh bridge Multi load cell type) weighing instrument with digital indication of "KWS" series of Medium accuracy (accuracy class HI) and with brand name "KANAN", (hereinafter referred to as the model) manufactured by M/s. Kanan Weighing Systems, Plot No. 59, Electronic Complex, Pardeshpura, Indore-452008 and which is assigned the approval mark IND/09/2000/216;

The said Model (seefigure)is a weighing instrument withamaximum capacity is 30000 kg and minimum capacity of 100 kg. The verification scale interval (e) is 5 kg. It has a tare device with a 100 percent substractive retained tare effect. The load receptor is of rectangular section of side 9x3 metre. The light emitting diode display indicates the weighing result. The instrument operates on 230 V, 50 Hertz alternate current power supply,

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments similar make, accuracy and performance of same series with same accuracy class and of same series having maximum capacity more than 5 tonne and with number of verification scale interval (n) in the range of 500 to 10,000 for 'e' value of 5 g or more and value of 1 2 and 5 series and with 'e' value 1 * 10", 2 * 10", 5 * 10k-, k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same Principle design and with the same materials with which, the approved model have been manufactured.

[F.No.WM-21(124y98]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 1047 **Kfcv :-*if'- ^'-'m^^^^mkM^^itijGwmMmAMM "^^SterjaW^sia"

New Delhi, the 1st March; 2001

S. O. 508.—Whercis the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of WeighLs and Measures Act. 1976 (60 of 1976) and the Srandards of Weights and Measures (Approval of Models) Rules. l'>87 arid the said model is likeh to maintain accuracy over periods of sustained use and to render accurate service under varied conditions.

Now, therefore, in e\ctcise of the powers cemfened by sub-section {!) of section 36 of the said Act, the Central Government hereby publishes the certificate of approx al of die model of the self-indicating, non-automatic, (Conversion kit for weighbridge tvpc) weighing instrument with digital indication of "KWS-CK" scries of Medium accuracy (accuracy class HI) and with brand name"KCANAN'\ (hereinafter referred to as the model) manufactured by M/s. Kanan Weighing Systems, Ptoi No. 59. Electronic Complex, Paideshpur^ lrdore-452008 and which is assigned the approval marklND/09/ 2000/217,

The said Model (see figure) is a conversion kit for neigh bridge with a maximum capacity of 30000 kg and minimum capacity o£ i00 kg. The verification scalt, interval (e) is 5 kg. It has a tare device with a 100 percent substractive retained tare effect. The load rccyplor is of rectangular section uf side 9*3 metre. The light emitting diode display indicates the weighing result. The instrument operates on 230 V. 50 Hart/ alternate current power supply;

Further, in exercise of the powers conferred by sub-s-cction (12) of section 36 of the said Act the Central Government hereby declares that tliis certificate of approval of the Model shall also cover the weighing instruments similar make, accuracy and performance of same scries with same accuracy class and of same series having maximum capacity more than 5 tonne and with number of verification scale interval (n) in the range of 500 to 10,000 for c' value of 5 g or more and value of 1, 2 and 5 series and with e' value of 1 * 10\ I * 10"\ 5 ' 10¹* k being the positive or negative whole number or equal to zero, manufactured bythe^me manufacturer in accordance with the Mime principle, design and with the same materials with which, the approved model have been manufactured.

[F.No.W.M.-21(124)/98]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 10491050 THE GAZETTE OF INDIA MARCH 10,200 I/PHALGUNA 19,1922 PART II—SEC 3 (u)J

New Delhi, the 1 si March. 2001

S. O. 509.—Whereas the Central Government after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures . (Approval of Models) Rules, 1987 and the said model is likely to maintain 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 t ^ 8 "d Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating,. non-aH©ita$c, {Table top type) weighing instrument with digital indication (dual range) of "UWSTM" series of Medium accutacy^ftwSMail^y fclass HI) and with brand name "SONY", (hereinafter referred to as the model) manufactured by M/s Universal W^jfeft System, S No 210,2A/2, A/P, Malwasi, Hadapsar, Punc-4l 1028 and which is assigned the approval mark IND/&9/209(l(!j36,

The said Model (figure given) is a weighing instrument (dual range) with a maximum capacity of 30 kg and minimum capacity of 40 g The verification scale interval (e) is 2 g/5 g corresponding to 15 kg/30 kg ^ has a tare device with a 100 percent substractive retained tare effect The light emitting diode display indicates the weighing result The load receptonsof rectangular section of side 240 ><290 millimetre The instrument operates on 230 V, 5Qi4ert&"Itcniate current power supply,

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act thtf Cfcppfcd Government hereby declares that this certificate of approval of the Model shall also cover the weighing marnnwrttaf sipular make, accuracy and performance of same series with maximum capacity uptoTOkg and with numbtf iiffv&i||tfoi* scale interval (n) in the range of 100 to 10 000 for V value of 100 mg to 2g and with number of verification scaJtTJW^il (n) in the range 500 to lO.OOOfor c' value 5 g or more and with V value 1* 10\ 2 * 10\ 5 * 10^k being to*mg&**P*™ ^ number or equal to zero manufactured by the same manufacturer in accordance with the sJtfPfWVlPiWign and with the same materials with which, the approved model has been manufactured

P A KWSHNAM(X)riiaWW"iWB"a"M^^

10511052 THE GAZETTE OF INDIA: MARCH 10.200 I/PHALGUNA 19,1922 [PAR r II—SEC. 3 (ii)l

New Delhi, the 1st March. 2001

S. O. 510.—Whereas the Central Government, after considering the report submitted to it b\ the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in cotiformiiv u.th 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 ^6 or 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 "UWSP" series of Medium accuracy (accuracy class III) and with brand namc"UNIK'\ (hereinafter referred to as the model) manufactured by M/s. Universal Weighing System. S. No. 210, 2 A/2, A/P. Malwasi, Hadapsar. Pune-411028 and which is assigned the approval mark IND/O9/2OOO/237.

The said Model (figure given) is a weighing instrument with a maximum capacity of 60 kg and minimum capacity of 200 g. The verification scale interval (e) islO g. It has a tare device with a 100 percent substractivc retained tare effect. The light emitting diode display indicates the weighing result. The load receptor is of rectangular section of side 160 *45O millimetre. The instrument operates on 2 30 V and 50 Hertz alternate current power supply,

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, and performance of same series with maximum capacity upto 5 tonne and with number of verification scale interval (n) in the range of 100 to 10,000 for 'e' value of 100 mg to 2g and with number of verification scale interval (n) in the range 500 to 10.00<) for'e'value of 5 g for more and wiuVe'value 1* 1O\ 2 * 10\ 5 * 10K, k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle design and with the same materials with which, the approved model has been manufactured.

[F.No.W.M-21(129)/2000|

P. A. KRISHNAMOORTHY, Director. Legal Metrology J 053 570 GI/2001— 91054 * THE GAZETTE OF INDIA: MARCH 10,200 I/PHALGUNA 19,1922 [PART II—SEC. 3 (ii)]

New Delhi, the 1st March, 2001

S. O. 511.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the. provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) RuJes, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Table top type) weighing instrument with digital indication of "UWSTH" series of high accuracy (accuracy class II) and with brand name "SONY", (hereinafter referred to as the model) manufactured by M/s. Universal Weighing System, S. No, 210,2 A/2, A/P, Malwasi, Hadapsar, Pune-411028 and which is assigned the approval mark IND/09/2000/235;

The said Model (figure given) is a weighing instrument with a maximum capacity is 12 kg and minimum capacity of 50 g. The verification scale interval (e) is 1 g. It has a tare device with a 100 percent substractive retained tare effect. The light emitting diode display indicates the weighing result. The load receptor is of rectangular section of side 240 *290 millimetre. The instrument operates on 230 V 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 instruments of same series with having maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 100 000 for 'e' value of 1 mg to 50mg and with number of verification scale interval (n) in the range 5000 to 1,00,000 for •c' value lOOmgormore and with Vvalueof 1* 10", 2 * 10k,5 * 10"- k being a positive or negative whole number or equal to zero, manufactured by the same manufacturer with the same principle design and with the same materials with which, the approved model have been manufactured.

[F.No WM-21(129)/2000J

P. A KRISHNAMOORTHY, Director. Legal Metrology 10551056 THE GAZETTE OF INDIA: MARCH 10.200 I/PHALGUNA 19. 1922 |P\RTII—Si,-- l(ii)|

New Delhi, the I st March. 2001

S. O. 512.—Whereas the Central Government, ailcr considering the report submitted to it b\ the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformih with the provisions of the Standards of Weights arid 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) and (8) or section 36 of the said Act. the Central Government hereby publishes the certificate of approval of the model of non-automatic, weighing instrument (Table top type) with digital indication (hereinafter referred to as the model) of "FTP" series belonging to Medium accuracy class (accuracy class III) and with brand name "CROWN", manufactured by M/s Piimc Industries. Plot No 6. Khoja Colony, Room No. 1. Sangli, District Sangli-416416, Maharashtra and which is assigned the approval mark IND/09/2000/248;

The Model is a non-automatic weighing instrument (table top type) with digital indication of maximum capacin 10 kg, minimum capacity 40 g. and belonging to Medium accuracy class (accuracy class HI). The value of verification scale interval (e) is 2 g. The display unit is of light emitting diode. The instrument operates on 230 V, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act. the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy- and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 10.000 for 'e' value 100 ing to 2g and with number of verification scale interval (n) in the range 500 to 10,000 for'e'value of 5 g or more and with V value of 1 * W.2* \0\ and 5 * Wk k being a positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials which, the approved model has"been manufactured.

[FNo.W.M.-21(140)/99]

P A. KR1SHNAMOORTHY. Director. Legal Metrology' 1057

New Delhi, the 12th February, 2001 MINISTRY OF LABOUR

New Delhi, the 12th February, 2001

SO 514.—In puisuance of Soction 17 of the Industrial Dilutes Act, 1947 (14 of 1947), the Centtal Government hereby publishes the award of trie Central Government Jn- duiinnl Tnbunal[Labour Court, Kanpur, us shown in the Anne>uie in the Industrial Dispute between the employers in iclution to the management of Indian Institute of Pulses ReseuTch and their workman, which was received by tho Central Government on 12-2-2001.

FNo. L-42012|ni|2000-lR(DU)l SO. 51J.—In pi.iSiiani.-e ot Section 17 of the Industnal Dispults AU, 1947 (14 of 1947), (he Ccntial Government hereby publishes the awaid of the Central Government In- dustrial Tribunal/Kuboui Coort, Kanpirr, as shown in the An,io\'iiiC in tilt. lnju,

KULDIP RAT VERMA, Desk Officer

ANNEXURE fNo. L-420121122I2000-IRIDUJ1 KULDIP RAI VERMA, Desk Ofllcei

ANNEXURE

BEFORE SHRI R. P. PANDEY PRESIDING OFFICER (TNIKAL GOVFRNMFNT INDUSTRIAL TRIBUNAL- ClfTM MiOUR COURT. ^ \RV0DAYA N^GAR, KANPUR

IilFCPb cjRf R P. PANDEY, PR I SIDING Of-FICER, ChjiTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM 1 ABOUR COURT, SARVUDA^A NAGAR, KANPUR

INDUSTRIAL DTSPLTTF NO 109 '2000 IN THE M/VTIFR OF DISPUTE BEWEFN INDUS'IRIAL DISPUTE NO. 1IO|2000

Sri Raikunrii C/o Shri Raji'ndra Pr-Mid Shulvh, 115J93 A-2 Maswanpur Knupnr

IN THE MATTER OF DISPUTE BETWEEN Sh i Am,t &ineh C/o Shri H.ijendia Pr. smi Shukla, !15i!c>3 A-2 M~\SWANPUR KANPUR

AND 1 AND

Tho Director, Indian Institute of Pulse* Research Kalyanpur G T. Road, Kanpui

The Director Indian Institnle of Pulses Research Kalv"npur G. f. Road Fun-pur

AWARD

AWARD

1 Cenlial Government Ministiy of Labom, vide its notifi- ciiliiL No L-42012|122|2000|1R(DU) dated 29-8-2000 lias refeirod the followina dispute for adjudication lo this

* tribunal ..—

1 CCII1T;,1 Goveinmcr^, Ministry of Labour, vide its noti- fication No L-42012|121|2000|TR(DU) dated 2S-R-2000 has lefeired the following dispute for adjudication to this tribunal :—

Whethoi the action of the management of Indian Jnstt. ot Pulies Research, Kalyanpui, Kanpur in terminating the services, of Shri Ri6hi Pal w.c.f. 26-R-98 is legal and justified? If i'Ot, to what relief the workman is entitled to?

'Whether (he action of the mnnHEement of Indian Instt. of Pulses Research Kplyanpur, Krnpur in teoninaling the services of Shri Raj Kumar w.e.f. 26-8-98 is legal and justified? If not, to what leliief the work- man h entitled to?"

2. In the present case, the repi esentative for the workman hfti-r putting Ms appearance on 14-11-2000 and 1-1-2001 s'opped appearing in the case nor the workman thereafter jppca'L-cl in the c s: on dates of hearing mil any claim statf- menl has been Died. On behalf of the mnagement Sri V. K. Gup^a appeared almost on all dates fixed in the case.

3 From the conduct of the lepi esentative of the workman as wel¹ as woikman, it appears to me that he is not interested in cnnl'Ming the case.

2 In the present case the representative foi the workman after putting his appearance on 14-11-2000 and 1-1-2001 s/.op- pe 1058 THE GAZETTE OF INDIA : MARCH 10, 2001/PHALGUNA 19, 1922 [PART II—SEC. 3(U)]

5. Accordingly it is held that the concerned woikraan is not entitled for any relief pursuant to the reference made to this tiibuial for wunt tif pleadings and proof.

R. P. PANDEY, Presiding Oflk:i New Delhi, the 121h Febiuary, 2001 SO 515.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 ot 1947), the Central Government hereby publishes the award of the CentiHl Government In- dustiial Tilbunal/l.cihour Couit, Knnpui, as shown in the Anncxuie in the Industrial Dispute between the employers Jn Ielation to the management of Indian Institute of Pulses Re- search and their woikrrmn, which was leceived by the Centtal Government on 12-2-2001.

fNo, L-42012|115]2000-IR(Dtni

KULDIP RAI VERMA, Desk Officer

ANNEXURE

BEFORE SRI R P. PANDEY PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM-] ABOUR COURT, SARVODAYA NAGAR, KANPUR

INDUSTRIAL DISPUTE NO. 10312000 IN THE MATTER OF DISPUTE BETWEEN Shr Rishl Pal C|o Shri Rajendra Piasad Shukla 1151193 A-2 Mnswanpur Kanpur,

AND

The Director, Indian Institute of Pulses Rescaich, Kalyanpur, G. T. Road, Kanpur

AWARD

1. Central Government. Ministry of Labour, vide its notifi- cation No. L-42012|115|2000|IR(DU) dated 29-8-2000 hns referred the following dispute for adjudication to this ti i- bunal:—

"Whether the action of the management of Indian Instt. of Pulses Research Kaiynnpur, Kanpur in terminatinc the services of Shri Rishl Pal w.e.f 26-8-98 is legal and justified? Tf not, to what relief the woikman fa entitled to 7"

2. Tn the present case the representative for the woikman after ruitiiin his nppearancc on 14-11-2000 and 1-1-2001 stop- ped appearing in the case nor the workman thereafter appear- ed in the case on tbtes of hearing nor any claim statement has been filed. On behalf of the m jnapement Sri V. K Cuptii appeared almost on all dates fixed in the cane.

3. Firm the conduct of the representative for the woik- man t.s well as workman, it appears to me that he i" not in- terested in contesting the case.

4. In view of above, the tribunal Is loft with no other option but to hold that the concerned workman is not en- titled for any relief for want of pleadings and proof. [ 5. Accordingly it is held that the concerned workman is not tntitled for any relief pursuant to the reference made to Hits tribunal for want of pleadings and proof.

R. P. PANDEY, Presiding Officer New Delhi, the 12th February, 2001 SO. 516-—In pursuance of Section 17 of the Industrial Disputes, Act, 1947 (14 of 1947), the Central Government hercty publishes the award of the Central Government In- dustrial Tribunal[Labour Court, Kanpur, as shown in the Annourc in the Industrial Dispute between the employers in relation to the management of Station Director, All Indh Rt.diu and their workman which was received by the Central Go\ ernment on 12-2-2001.

INo. l.-42012/50/2000-lRtDU;]

KULDIP RAI VERMA, Desk Officer

ANNEXURE

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

INDUSTRIAL DISPUTE NO. 58 OF 2000 IN THE MATTER OF DISPUTE BETWEEN Smt. Renu Bhatnagar, Through Shri V. N, Nigam. 88, 530 Prem Nagar, Kcinpur

AND

Station Director, AH India Radio. fPrasar Bharti BCI) Bcnajbabar Road, Kunpur

AWARD

1. Central Government, Ministry of Labour, New Delhi, vide its notification No. L-J2O12/5O/2000-fR(DU dated 30-6-2000 has referrcrd the following dispute for id- judicatfon to this tribunal—

"Whether the action of the management of All India Radio, Kanpur|New Delhi in terminating the ser- vices of Smt. Renu Bhatnagar w.e.f. 15-5-93 is leflai and justified? If not to what relief the workman is entitled?"

1 In the Instant case after receipt of the reference order notices were issued to the parties. Whereas Sri Ramechwar 1059

Versus

Dayai, Advocate, appeared in the case on behalf of the management, none appeared for the workman nor any claim statement was filed on her behalf Dates 21-9-2000, 25-10-2000 and 6-12-2000 were fixed in the case, but neither the work- man appeared nor statement of claim was filed on her behalf. Finally when the case was taken up on 29-1-2001 workman a^ain abscented and did not file statement of claim.

The Development Commissioner, Ministry of Textile, West Block No. 7, R. K. Puram, New Delhi-110022.

APPEARANCES :

3. KTOID the abov* circumstances it becomes abundantly clear that the workman is not interested in contesting the present cose. In view of above discussions, this tribunal is left with no other option but to hold that the concerned workman is not entitled for any relief for want of pleadings and proof pursuant to the present reference made to this tribunal.

Shri Rajiv Aggatwal for the workman. None for the Management.

4. Accordingly it is held that the workman is not entitled

AWARD

ft>r any relief for want of pleadings and proof.

5. Reference made to this tribunal is answered accordingly.

Dated 5-2-2001

-l V/

R. P. PANDEY, Presiding Officer

The Central Government in the Ministry of; Labour has sent this reference under Sec. 10(l)(d) and Sec. 10(A) of l.D. Act, 1947 for the adjudica- tion of the dispute between the parties on the following terms .—

"Whether the action of the management of Development Commissioner for Handi- crafts, Bharatpur in terminating the ser- vices of Shri Murari Lai Gupta s|o Shri Bhag Chand Aggarwal, Ex-Chowkidar from employment with effect from 6-12-1987 is just aind iegal ? If not, to what relief is the Worker concerned en- titld and from what date ?" New Delhi, the 15 th February, 2001

S.O. 517.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government Industrial Tribunal Labour Court, New Delhi, as shown in the An- nexure in the Industrial Dispute between the em- ployers in relation to the management of Develop- ment Commissioner for Handicraft and their work- man, which was received by the Central Govern- ment on 15-2-2001.

[No. L-42012|117|89-IR(DU)]

KULDIP RAI VERMA, Desk Officer

ANNEXURE

2. The statement of claim, written statement, rejoinder have been exchanged between the parties. The workman's averment in short is that he was employed as Chowkidar w.e.f., 24-8-82 at Carpet Weaving Training Centre, Kaman, Distt. Bharatpur in the Ministry of Textile on a daily ratedjeasual and muster roll basis. He was paid his wages at fixed rate revised from time to time under the minimum wages Act by the Delhi Administration, Delhi. The job assigned to him was of regular and permanent nature and was existing then also. The services of the workman were terminated w.e.f. 6-12-89 without assigning any valid reasons. Wokman ha" further alleged that this counter part were being paid their salary in the pay scale of Rs. 196-232 revised as Rs. 750-940 w.e.f. 1-1-86 with usual allowances admissible under rules and they were also getting the benefit of medical leave etc. when these facilities were denied to him. He has further alleged that he had continuously worked till the date of his termination from the service.

BEFORE SHRI K. S. SRIVASTAV, PRESIDING OFFICER. CENTRAL GOVT. INDUSTRIAL TRIBUNAL, NEW DELHI

i. D. No. 196|95

In the matter of dispute between :

3. The workman has assailed the order of termi- nation on the following grounds. Firstly unfair labour practice is provided under Section 2(ra) read with item No. 10 of the Vth Schedule of the Industrial Disputes Act, 1947 was taken by the Management because he was employed on sc regular job but was treated as daily rated casual and muster roll worker for indefinite period and was also paid less remuneration then given to his counter parts doing the identicle work. It also nmonnts exploitation, of Labour and hostile dis- crimination shown to him. The Management had Shri Murari Lsl Gupta S|o Shri Bhag Chand Aggarwal, Chowkidar, Carpet Weaving Training Centre, Kaman, Dist. Bharatpur (Rajasthan), C|o Delhi Labour Union, Aggarwal Bhawan, G. T, Road, Tis Hazari, Delhi.

employed Shri Jai Singh on the same job on which workman was engaged to work.

4. Secondly that after completing 9 days of con- tinuous seivice as provided in the Model Standing Orders framed under the I- Dispute Standing Orders Act 1946 he had acquired a status ol a permanent employee w.c.f. 24-8-82 after com- pleting 90 days of continuous employment. Since the Management has not framed any rules or regu- lations tor governing service condit'ons of daily rated casual muster roll workers nor there is any certified standing orders governing the service con- ditions of the said workers the model standing ordeis aiurcsaid were well applicable in his case. Further it is averred by the workman that he had completed 240 days of continuous employment w.e.t. 24-8-82 and thus his services could not be terminated without giving any notice, notice pay and compensation. No seniority list was ever dis- played by the management ai the time of his termi- nation from service. The termination of the work- man thu ivas Violativc of Section 25F G and H of the Act lead with rule 76, 77 and 78 of the I. D. Central Rules 1957.

5. The workman has stated that demand notice was sent to the management by registered A.D. Post and communicotcd on 30-5-88 but no reply was received by the workman. It is also stated by the workman that he is unemployed since termina- tion of his services.

6. The Management has contested workman's caSe, According to the management the workman's claim its misconceived frivolous baseless and devoid of juripdicion of this Tribunal and it has to be rejected. The management has also taken prelimi- nary objections to the effect that no industrial dis- pute as contemplated under Section 22 of the I.D. Act exists. The Management does not fall under the category of Industry as contemplated under the Act. The main objection of the Caroe^ W>Hng Scheme wrvs to increase the production base m Carpel weiving in order to meet the growing de- mand for hand-knotted carpets in the international maiket and enhance employment opportunities among the artisans sale of the carpet produced during (he train:ng was made on the basis of the cfijst of raw material used in the carpets. The Union has no authority or locus standi to file the claim petition on behalf of the workman.

7. On merits the management has denied the workman'* application for his termination of sen ire and has asserted that in fact the workman had himself .topped coming on duties w. e. f. 6-12 87 on hi¹- own accord and free will. The management has denied that any discrimination with regard to the payment of wages to the work- man was shown by the Management. The work- in nn w\b enlaced n>: daily waper chowkidar for the night duty from 24-8-82 and he was paid from the contingent fund made available to the respec- tive centres. The petitioner has pa-id hip wages according to his entitlement. Since the petitioner was employed on casual basis he wap not entitled tor the benefits available to the regular employees.

8. The Management has further asserted that the workman had already become overage at the time of his employment and thus he could not absorbed in service. The Management has further denied that any unfair labour practice was b'^ing taken by the Management against the work- man. It is further stated by management that Training Centre where workman was engaged on casual basis was not in existence because according to the policy the training centres were opened for imparting training to the local inhabitants for their livelihood and thereafter shifting it to other place winding up and phasing out the carpet scheme. In the rejoinder hied by the workman he has reiterated his allegations made in the claim petition and he has specifically denied manage- ments allegations that he had himself stopped going on his duties. He had always reported on duty at proper time and after performing his nor- mal duties and overtime duties he wajs relieved and was being paid wages monthly. The workman has denied that the management was not an industry and has asserted that the work of the management was systematic and was being done by the salaried day employees.

9. It appeal's that at the stage of producing evi- dence the management failed to file affidavit or any other evidence despite the time given to the mana- gement on making demand and ultimately vide order dated 1-8-97 management was directed to be proceeded exparte.

10. The Workman has only filed his affidavit in evidence and has examined himself also on oath as WW1. He has proved his affidavit marked as Ex.WWl|J. He has not been crosp-examined by the Management.

II Arguments on behalf of the workman only heard.

12. None of the preliminary objections taken by the management 1 find is satisfactory. No mate- rial has been given by the management in support of the objections aforesaid., The Management has allowed the case to proceed exparte against it. Mere allegation made in the written statement which I find are not of purely legal in nature but also includes act cannot be accepted without any pioof of it.

13. Moreover the workman contention made in the rejoinder against the management objection Hi at it vas an industry that ihe work of the manage- ment u'fi<; syteJDaiic and was being done by the salaried employees has not been denied by the management at any subsequent stage. Thus it clear- ly shows that the managements objections in this J respect cannot be allowed to be sustained. Manage- ment's piehminary objections are thus rejected.

14. As regards merit of the case the manage- ment has taken a specific plea of self abandon- Iment of the service by the workman. Management has failed to substantiate its plea by any proof. The onus of proving the said plea Was certainly 01 the management.

15. Hon'ble Supreme Court ot India in the .case of C T. Lad Vs. Chemical arid fibres of India Ltd. (1979) 1 SCC 590 has held in this respect as lollows :—

"to constitute abandonment of service, there miLst be total or complete giving up of duties as to indicaile an intension not to resume the same., Abandonment oi r^- linquishment of service is always u qufo- tion of intention and normally such an .intention cannot be attributed to an employee without adequate evidence in that behalf. It is a question of fact to be determined in the light of the surrounding circumstances of such case, Temporary absence JS not ordinarily sufficient to constitute an abandonment of office." Thus the plea of self abandonment of the service by the workman taken by the management is not accepted.

16. The petitioner has categorically stated that he had remained in continuous service perma- nently for 90 days and lhercaft:r ?40 doys with effect from 24-8-82 and he had acquired perma- nent status in the service. The termination of his services according to him was violative of section 25-F, G and H and Rule 76, 77 and 78 of the Rules. The workman has also specifically alleged that no notice of termination was given to him nor he was paid notice pay retrenchment compen- sation was also not paid to him. Hip assertion in J this respect further is that management has failed to publish any seniority list on behalf of the mana- gement, Nothing has been shown that aforesaid formalities were observed. The Management had as seen above rUiel upon factum of self abandon- ment oi service by the workman. It is already not accepted. The workman's contention that he had worked continously for 240 days in view of the fact I find remains uncontroverted. The workman has stated all these facts in his affidavit marked Ex. WWl|i. He has further stated on oath as WW1 He hire not been cross-examined by the manage- ment hence I do not find any rteason to disbelieve the workman evidence. Hence in view of the fact J find that the termination of the workman services is neither justified nor legal being vioL'tive of the provisions ol Section 25-F of the Act, and is not sustainable in law. The termination of the work-

lGfll man has to be revoked. The Workman shall be en- titled for his reinstatement in service from the date of his termination from services.

17. As regards the back wages of the work- main it i? categorically stated by the workman in the claim petition that he is unemployed since the time of his termination. The Management has not been able to place any material to show that the workman was in the employment after his termina- tion. The Management's contention of voluntary abandonment of services by the workman has not been accepted and the workman's termination has been found illegal and unjust being violative of Section 25-F of the Act, In view of the fact I find that the workman shall be entitled to get his back wages from the date ot the termination of the ser- vice till the date of his reinstatement.

18. As regards the quantum of the wages the workman was undoubtedly being paid a fixed wages which has been agitated by the workman, lhc workman has claimed equal wages as being given to his counter parts performing the identicle job on the principle of equal pay for equal work. The Management I find ha& not given any satis- factory reason for rejecting the Workman's conten- tion aforesaid. The principle of equal pay fof equal work is well recognised. This fact that the counter parts of the workman who were pcrformning iden- ticle job were being paid their salary in regular pay scale and they were also getting the other service benefits remains undisputed since the management has failed to give any cogent material against it. In view of the fact I do not find any reason to disbelieve the contention of the workman made in this respect and I find and hold that the workman shall be entitled to his back wages at the rates similar which were given to his counter parts performing identicle job.

19. In view of my findings above the Award is giv&n accordingly.

Dated 9-2-2001.

K. S. SRIVA5TAV, Presiding Officer10& THE GAZETTE OF iKblA : MARCH 16, 2001/PHALGUNA 19, 1922 pan II—SEC. 3(ii)] New Delhi, the 15th February, 2001

S.O. 518.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), tho Central Government hereby publishes the award of the Central Government In- dustrial Tribunal/Labour Court, Jaipur, as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of Archaeological Survey of Indial and their workman, which was received by the Central Government on 15-2-2001.

[No. L-42012/135/96-IR(DU)]

KULDIP RAI VERMA, Desk Officer

"Whether the action of the Director (science), Archaeological Survey of India, science branch, 29, New Cantt. Road, Dehradun & Asstt. Supdt,, Archaeological Chemist, Nandpuri Colony, Bias Godown, Jaipur is justified in terminating the services of Sh. Goverdhan Lai Mcena, Paily rated work- man w.e.f. 1-12-94? Tf not. what relief to the workman is entitled to?" 10631064 THE GAZETTE OF INDIA : MARCH 10, 2001/PHALGUKA 19, 1922 LPART I I- S E C. ?(ii)] "Whether the action of Superintendent of Archa- eological Survey of India, Subasb Marg, C- Schcme, Jaipur is justified in terminating the services of Shri Makesh Pareek Class- IV (Group T>') employee w.c.f. 31-12-92? If not, to what relief the workman is en- titled to?"

New Delhi, the 15th February, 2001.

SO, 5l9.-~ln pursuance of Section 17 of the Tndustiial

Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Govcrnmiait In- dustrial Tribunal/Labour Court, Jaipur, as shown in the Annexurc in the Industrial Dispute between the employers in re'atkm lo the managtmenl of Archaeological Survey of India and their workman, which was received by the Central Guvurnment on 15-2-2001.

iNo. L-42012]28|97-TR(DU)l KULDIP RAI VERMA, Desk Officer1m '" ^ T* | GAZETTE of mtUA: MARCH 10, 2001/PHALGUNA 19, 1<>22 [PART II—SEC. 3til)]' 1067

2(g) "employer" means—

(1) in relation to an industry carried on by or under the authority of any department of (the Central Government or a State Govern- ment), the authority prescribed in this be- half, or 'where no authority is prescribed, the head of the department;

(11) in ldation to an industry carried on by or on behalf of a local authority, the chief exe- cutive officer of that authonty;"

2(g) with reference to calusc (g) of section 2, it

is hereby prescribed that—

(i) in relation to an industry, not being an in- dustry referred to in sub-cause (ii), ear- ned on by or under the authority of a De- partment of the Central or a S taste Govern- ment, the onjeer-incharge of the industrial establishment shall be the 'employer' in respect of that establishment; and

(ii) in relation to an industry concerning rail- ways, carried on by or under the authonty of a Department of the Central Govern- ment:—

(a) in Ihc case of establishment of a Zonal Railway, the General Manager of that Railway shall be the 'employer' in respect of regular railway servants other than casual labour.

(,b) in the case of an establishment indepen- dent of a 7onal Railway, the" Officer-in- cuarge of the establishment shall be the 'employer¹ in respect of legular railway servants other than casual labour; and

(c) the District Officcr-in-chargc or the Divi- sional personnel Officer or the personnel officer shall be the 'employer' in lespect of casual labour employed, on a Zonal Rail- way or any other railway establishment independent of a Zonal Railway."1068 THE GAZETTE Or iKDiA : MARCH 10, 2001/PHALGUNA 19, 1922 [PART II—SEC. 5(ii)] "140. "Industry", as defined in Section 2 (j) and ex-

plained in Bancrj ^ supra), has a wide import.

(a) Wheie (i) Systematic activity, (ii) organiz- ed by co-operation between employer and employee (the direct and substantial ele- ment is chimerical).

(if) for the production and[or distribution of goods and services calculated to satisfy human wants and wishes (not spiritual or religious but inclusive of material things or services geared to celestial blis e.g. making on a large scale prasad or food), piima facie, there is an "industry" in that enterprise.

(b) Absence of profit motive or gainful objective is irrelevant, be the venture in the public, joint, private or other sector.

.(c) The true focus is functional and the deci- sive test is the nature of the activity with special emphasis on the employer-employee relations.

(d) If the organization is a trade or business it does not cease to be one because of philan- thropy animating the undertaking." (j) "industry¹¹ means any business, trade, under- taking, manufacture or calling of employers and Includes ajny calling, service, employ- ment, handicraft, or industrial occupation or avocation of workmen;"

1(X#

New Delhi, the 15th February, 2001

S.O. 520.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government In- dustrial Tribunal/Labour Cotnt, Jaipur, as shown in the Annexure in the Industrial Dispute between the employers in relation to the management oJC National Institute of Agricul- tural Marketing and their workman, which was received by Die Centra) Government on 15-2-2001.

[No. L-42012/2/97-IR(DU)j KULDIP RAI VERMA, Desk Officerloft) THE GAZETTE OF INDIA: MARCH 10, 2001/PHALGUNA 19, 1922 [PART II—SEC. 3(ii)J "Whether the action of the 0ncctor General, National Institute of Agiiculturai Market- ing, Jaipur ib juithed in not paying wages frgni 1-3-95 to 15-6-95 and terminating the services of Shri Lekh Raj Yadav, Attendant of Libiary, is legal and justified? If not, to what relief to the workinata is, entitled to?" 10711 0 72 • T HE G A Z E T TE OF I N D IA : M A R CH 1 0, 2 0 0 1 / F H A L G U ^A 1 9, 1 9 22 [ P A RI U — S E C. : > ( i i )l New Delhi, the 15th February, 2001

S.O. 521.—In pursuance of Section 17 of the Industrial Dr-pule Act, 1947 (14 of 1947), the Central Government hereby puhlnhco the award of the Central Government In- rdusirial Tribunal/Labour Court, Jaipur as shown in the Annexuie in (he Industrial Dispute between the employers in relation to the management of Sub Divisional Oillcer (Phones) and their workman, which was received by the Ccnt'ul G^vtrnment on 15-2-2001.

[No. L-40011/7/89-TR(DUj|

KULDIP RAI VERMA, Desk Officer

ANNEXURE

CI-N1I' \T. GOVERNMKNT INDUSTRIAL TPJRUNAL- CUM-I.ABOUR COURT, JAIPUR.

Case No. J-66/99

Reference No. L-40011/7/N9/IR(DU) Dated. 14-10-99

Shri Chotey Lai, S/o Shri Kalkai, K/o Punchmukha Hanuman Mandir. Kc Pass, Indusliial Area, Bikaner. . . Applicant.

V/s.

The Sub Divisional Officer (Phones), Bikaner-.'34001. . .Non-applicant.

ATTENDANCE.

Foi the applicant: Shri PJ aveen Sdxena. For the non-applicant: Shri Asgar Khan Date- o! Award : 19-1-2001.

AWARD

The Cent I til Government has referred¹ the following indus- trial dispute under clause (d) of sub-section (1) of Section 10 of (he Industrial Disputes Act. 1947 (hereinafter refcired as the Act, 19-17) for adjudication:

On behalf of the applicant the affidavit of the applicant teas filed. The k-arned counsel of non-applicant was given opportunity to cioss examine him on his ailidavit. On behalf dt the applicant ceitifiuutcs about the work of the applicant Annexuivs 1, 2, 3, copy of the failuie report Annexure 4, and cony of order in writ Annexure 5 were filed. On behalf of the novi-applicant dflidavit of Jainarayan Garg, Sub-Divisional t'ngineer was filed.

Hcud arguments of both the parties mid permed the ILIOIJ. The points arc decided as follows :—

Point 1 :—The applicant has stated in hi⁵ affidavit that he was appointed in the establishment of the non- applicant on daily wage in the month of July, 1985 and he continued to work theie uptil August, 1987 continuously. In ordti that hib service may not he continued, he was not given work for five to seven days. He has filed copies of the certificates. As per certificates Annexures 1, 2, 3 he worked as follows.:—

ANNEXURE 1

Yeur and Month

Days 9 5 27 April 1986 June 1986 May 1986

Total: 4t

———i .——

ANNEXURE 2

Days Yeai and Month

27 22 27 23 23 06

03 04 04 October 1985 November 1985 December 1985 January 1986 February 1986 March 1986 April' 1986 April 1986 July 1986

Total : 141

1073

ANNEXURE 3

Days Year and Month

15 24 25 25 25 24 July 1986 August 1986 September 1986 October 1986 November 1986 December 1986

• . 1

Total:

138

Days Year and Month

27 24 26 26 22 22 27 January 1987 February 1987 Maich 1987 April 1987 May 1987 July 1987 August 1987

174

Total:

On behalf of the non-applicant Jainarayan Garg has stated tliLi the applicant worked on daily wage basis on muster roll. He was given the certificates for the woik he did in the establishment. He has stated in the year 1986 the applicant hud worked for 138 days and in the year 1987 from January 19S⁷ to August 1987 ton 174 days. He has admitted that from 1st Sc-ptei"ber, 1986 to 31st August, 1987 the applicant had worked for 273 days in which Sundays are not included. He lus admitted the correctness of Annexuies 1, 2, 3. Tt is, therefore, not disputed that the applicant had worked for the period mentioned in the above ceitificates. Even if Sundays nnd Holidays are included the applicant did' not work in any yeai continuously. The applicant was working on muster-roll and he worked as per the requirement. The cci tifkrilfs show that in certain months he worked foi 4 or 5 duvs only. It tun not, therefore, be infeired that breaks were given in service knowingly so that the applicant may not complete 240 days in a year. Jaiiu¹.^. .A Gai^ has ad- mitted that before the alleged date of t rnrn-ifnn the appli- cant had worked for more than 240 days excluding Sundays. It is. therefore, proved that the applicant had worked in the establishment of the non-applicant for the period mentioned chove and had completed more than 240 days in the year preceding to the date of alleged date of termination.

Points 2 and 5 : The applicant has stated that his services ivcre terminated by the non-applicnnt from 1-0-87. On behalf of the non-applicant Jainarayan Oarg has stated that the ipflicnnt himself had abandoned the job and did not present for duty .ifter 1-9-87. It was alho stated by him that when the applicant left the job he was not present. He, therefore, did not have personnel knowledge nbout leaving of the job by the applicant. Mot cover the applicant raised the dispute about termination of his services on 8-12-87 i.e. after about 3 months from the date of termination. Had he left tho job at his own he would not have raised the dispute. The statement of Jainarayan Garg that the applicant left the job himself in, therefore, not believable, and on the contrary it is proved that applicant's services were terminated by the non-applicant on 1-9-87.

Point 4 : There is not limit prescribed for raising dispute under the Act, 1947. Moreover, there is no delay on the part of applicant for raising (he di.snute, He had raised the disrule about termination of his service after about 3 months from the date of termination. His claim therefore, can not he dismissed because there bcin^ no delay in raising the dispute.

Point 3 : It is not disputed that Section 25(F) of the Act. J 947 was not complied with by the non-applicant by giving on*; month's notice or pay-in-lieu notice or retrenchment compcpsntion a' the time of termination of services of the1074 THE GAZETTE OF INDIA : MARCH 10, 2001/PHALGUNA 19, 1922 [PART II—SEC. 3(ii)] APPEARANCES:

applicant. Violation of Section 25(F) of the Act, 1947 is. thciefoic, proved on the part of ihc non-appljumt.

Point 6: The tmniniUion ot the scivkc, of the applicant

For the Linployct.s : None. 101 the Woiknun : Shu M. K, Sinfh, Advocate Stale: Th.ulh.ind.

Industiy : 1'ostul.

Dated, the J 8th Junuaiy, 2001

AWARD

Uy Oidei No. [.-40012l5|'J(i|lRlDU). dated 20-7-1998 the Central Government 111 the Ministry of Labour has, in exer- cise of the powers confcired by clause (d) of sub-section (1) and ?ub-sec(ion (2A) of section 10 of the Industrial Disputes Acl, 1947 lefcrred iho following dispute lor adjiulication to fhi*. Tr.bunal :

* w.e.f. 1 9-87 r hcli! illegal ur.ti unjust on account ot viola- tiun oi 25(E.) of Act, 14 17. He will, thctcfoiL*, be entitled to remsiateincnt in i-civ.ce wiLh cuntinurLy. As jc^aids back wages the applicant has slated that on availability of work he docs work and earns Rs. 50 to Rs. 60 per day. In view of these circumstances the applicant will b<, uititJeil to 40 per cent of the buck wages. He will not he entitled foi \\iipes- for the pi'iod in the mOnUi ot November 19H7 m vvlncli he has woiked us pn the teilincite Annexure 6. 1 he uou- appiicant will be fiu- to dispfr.se with the scivii.e if the ipplir.nl .ittci cuiiipli ni; pi''Visions of Section ^^(D u\ Act, 1947.

The copi.'s of the A wind may be sent to the CentwJ Government under Section 17i|) of the Act, \'J il foi tpuM'^ation.

"Whether the action of management of Post, Ranch) in terminating the services of Sri Bishnupad Chatterjee is legal and justified 7 If not, to what ic- lief the workman is entitled '.'"

2. This induitr'al dispute has been raised by Bishnupad '

Sd/- Illegible Presiding Officer

Chatterjee churning his teiruination fiom service unjustified.

New DJh;, the Ihlli Fcbnimv, 200i

3 The bi ;ef facts ; giving rise to this dispute is that the Lonrerrieif woikmHii, Bishnuund Chatterjee has claimed that he h.is v.ovkcd as Txtia Departmental Delncry Affot in Pandadih Bnin-h Post Office between l-S-90 to 9-3-96 including continuous service from 1-8-90 to 1-10-91. Accoid- 1113 to him. on 10-3-06 suddenly the seiv.ee of Lhe concerned wort tni'n Bishnupad Chatterjee, was terminated by .verbal oidci of the then Inspector of Post Office and in his place a njw p'rsnn who had no rrcvioiit expeiience was asked to join. According to the concerned workman, he protested \ide his lclt'T dated 20-3-96 asainst his termination Older io Hie Senior Suricilntendent of Post Office, Rnnchi, but to no effect Public petitions were filed in support of the woikman vet he was not reinstated. Further accordinj; to the concerned woikman, to [ill up the post of E\tra Depart- m:ntnl Pdheiy Agent on regular basis the Department ^ made aclveitisemt-nt to the Employment Exchange, Ranchi from where I he name of the concerned woikman was also firw.Tded and he participated in the interview before Selec- tion Ci'mmi'tee and Apiointing Airthoritics, nlthoii'h such intfivit-w was nof legal, yet instead of appointing the con- ovnert n'oi' rp.in one Raj Kishore Suhu was appo'nfej who hiis no ev.peticnce ignoring the claim of the concern",! work- man TTil(.u-i thes.- circumstances the concerned woikman¹ li:n cli'imcti thai the (i-rmination of the conceined workman is illfi;,il for non-applicution of Sec 25-F of the Industrial Disputes Art and he is entitled to refnslatcmcn,. .mT rc- Hl^noiiitment with re*rospc(.tive effect.

S.O. 522 - In pmsuance ol Section 17 ot the Industi ial Disputes Act, 1147 (14 of 11)47), the Central Government hereby pShli'lu", the Aw.uJ ot tlie Centra] Gcveiumenl Industrial 'I iihunal/L.ibom ("ouit. No. 1, Dhanbad, as shown in the AniTAiinj ill tlm Industrial Di.-,pu(e between the employeis in relation lo the management of Sl. Suptd., Ci.P.O., Mead Po't OlTUe, anil their vvO'kman, which was received by the Central Government on 10-1-2001.

[No. L40012/5/98-lRiDU)j

•I The management has not appeared nor has filed any wii"cn statement to contest tlr reference Therefore the,, 1 fferencc has been heard ex-paite.

KULDIP RAI VFRMA, Desk Officer , - ±- ANNEYURf

BEFORE Tl-TF CI'NTRAl GOVERNMENT INDUS- TRIAL TRIBUNAL NO. I, DHANBAD

In the matter rf .1 lefcicnce under section 10

Refeirnct No 15 of 199S

PARTIES :

Fmn'oyeis in idation to the man 'cement of Si. Supdt.,

G P O. (Head Post Office).

AND

Their Wo rim an

PRESENT :

Sh.'i Sarjir Prasad, Presiding Officer, Employment Exchange, Ranchi, one post of E.D.D.A. is vacant lur which name ot thiee persons should be lefened to the Depaitment who must be between the aue of 18 to 25 yeais unu must huve passed Oass-VIII trom recognised school and there were other conditions m that notification ot vacancy by tne I'osial Department, The concerned woikmun has not stated that he was possessing the requited eijucutionul qualification. Euitner, the concerned woikman has nut conic to deny that he was working dimply as Awayee (Substitute woiker) in place of his own binthei, Sukumar Chatterjee under the responsibility of Snkumar Chatterjee. The concerned wuikman has not churned that he was (jiven any appointment letter by Ihe Postal Department. He has not even stated that he was not working as Awayee, "ViDL>A in place of his brother, Sukumar Chatterjee on full lesponsi- bihty of his brother. Thus, it is appaient that the concci- ned workman was never appointed E.D.D.A. by the Postal Department, lathci, he was working as E.D.D.A. in place of his biothcj, Sukumar Chatterjee on the responsibility of his brothei, Sukumar Chatterjee, Theieiore, when he was not appointed by the management there is no question of termination, bmce the antingement was made by his own brother, hukuin.ir Chatteijee, rather, his regulansation as permanent E.D.D.A. would have been against th^ provision ol conFtilution elating to equal oppoitunity foi a job. It appeals that the concerned workman wants to be inducted into Korvicc through back door method. He was asked by the Postal Depaitment to appear for interview which he did, but he was not 'elected and other peison WHS selected whom the management might have found to be more suitable foi the job. The conccined workman in his evidence or written statement has nowhere staled that hi; fulfilled the educatio- nal qualification and other qualification, therefore, as a rtjiattcr of right he cannot claim appointment only because lie lias worked foi somci;me- us substitute woiker in place of his own brother without being legally appointed by the Postal Department. Therefoic, I hnd that the concerned woikman V not entitled for rejgulaiisaiion Oi re appointment as claimey¹ by him.

7- In th<. result T render—

AWARD

That the ad ion of the manasejn nt is tully justified and the concerned workman is not entitled to any iciief,

SARJU PRASAD, Presiding Oflicei

1075 New Delhi, the 16th February, 2001

S.O. 523.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 tl4 of 1947), the Central Government hereby publishes the award of the Industrial Tribunal/Labour Court, Chen'aai, as shown in the Anncxuie in the Industrial Dispute between the employers in relation to the manage- ment of (1) Director, Indian Jnstt, of Handloom Tech., (2) Director, Weaver's Service Centre, (3) Development Comm, for Handlooms, (4) Regional Development Olhcer foi Handlooms and their workman, which was received by the Central Government on 16-2-2001.

[Nos. L-42012/Od- J5-1R(DU) L-42012/95/95-lR(DU) L-42O12/96/95-IR(DU) L-42012/88/95-lR(DU) L-42012/89 '95-lKtDU) L-42012/86/95-TR(DUJ]

KULDIP RAT VERMA, Desk Officer

ANNEXURE

BBPORE H IE INDUSTRIAL TRIBUNAL, TAMIL NADU

CHENNAI

Tuesday, (he 19th day of December, 2000' PRESENT :

Thiiu S. R. Singharavehi, B.Sc, B.L.,

Industrial Tribunal.

Industrial Dispute Nos 16 of 1996, 17 of '996, 18 of 19%, 19 of 1996, 24 of 1996 and 79 of 1995 (In the matter of the dispute foi adjudication under Section 10(1 )(d) of the Industrial Disputes Act, 1947 between the Workmen and the Management of Indian Institute of Handloom Technology Salem and Weaver's Set vice Centre, Government of India).

Tn I.D. No. 16/96

BETWEEN

Smt. Kalaichch'i, No, 166 Sivasaklhy Layout, New Siddapardur, Coimbatore-6-11044.

AND

1. The Director,

Indian Institute of Ilandloom Teclirvlouv Siiem-616001.

2. The Director,

Weaver's Seivice Centre, Government of India, M/O Textiles, 520/521 Anna Salai, Madras-600006.

3. Office of the Development Cmmr. for

Handlnoms (enforcement wing) rep. by Dv. Development Comnir. for Handloom,, Ministry of Textiles, Udyog Bhuvati, New Delhi,

4. Regional Dcvflopment Officer for ITnndlooms.

Regional Fnfoi cement Office Weavers Centre, Ct-B Rajaji Bhavan, Chcnnai-600090.

(Mpt. 2 Ik 3 were iniplcadcd as pei llic Oldei in Tvf A. No. 135/99 dt. 17-12-99).

REFERENCE:

Older No. L-<1?On/68/95-IR(DU) dt. H-2-%. Minisliy of Labour, Gowramejit of India New Delhi.

In I.D. No. 17/96

In I.D. No. 19/96 BETWEEN

BETWEEN

Sh. B. Ramalingam, S/o Balakrishnan, 5/18, Kurichipadur, Sundarapuram P.O., Coimbatore-641024.

Sh. J. Baskarun, C/o Kalichelvi, No. 16b, Sivasakthy, Layout New Siddapudur, Coiinbatore-641044.

AND

AND

1. The Director,

1. The Director,

Indian Institute of Handloom Technology, Salem-636001.

2. The Director,

Indian Institute of Handlooin Technology, SaIem-636001.

2. The Director,

WeuverV Service Centre, Government of India, M/o Textiles, 520/521, Anna Salai, Madras-600006.

Weaver's Service Centre, Government of Jndia, M/o Textiles, 520/521, Anna Salai, Mndrui-600006.

3. Office of the Development Commr. for Handlooms 3. OfJlce of the Development Coiiimr. for

(Enforcement Wing) rep. by Dy. Development Commr. for Handlooms, Ministry of Textiles, Udyog Bhavan, New Delhi.

4. Regional Development Officer for Handlooms, Handlooms for (Enforcement Wings) rep. by Dy. Development Coramr. fur Handloomj, Minisliy of Textiles, Udyog Bhavau, New Delhi.

4. Regional Development Officer for Handlooms,

Regional Enforcement Office Weavers Centre, Cl-B Rajaji Bhavan, Besant Nagar, Chennai-90.

Regional Deforcement Office Weavers Centre, Cl-B, Rajaji Bhavan, Chcnnai-90.

REFERENCE:

RKFERENCE:

Order No. L-42012/88/95-IR(DUj, dt. 15-2-96, Ministry of Labour, Government of India, New Delhi, Order No. L-42012/95/95-IRfDU) dt. 15-2-96, Ministry of Labour, Government of India, New Delhi,

tn I.D. No. 24/96

Tn I.D. No. 18/96

BETWEEN

BETWEEN

Ms. R. Santhi, 107, M.G.R. Street, Pappanaickenpolayam, Cofmbatore-641037.

AND

1. The Director,

Sh. Duraiswamy, C/o A. Ponniah, E.S.I. Office, 1992 D. No. Ramanathapuroni, Coimbatore-641045.

AND

Indian Institute of Handloom Technology, Salem-636001. 2. The Director,

1. The Director,

Indian Institute of Hundloorn rccchnology, Salem.

Weaver's Service Centre, Government of India, M/o Textiles, 520/521 Anna Salai, Madras-600006.

2. The Director,

3. Office of the Development Commr. for Hand looms Weaver's Service Ceutjc;, Government of India, M/o Textiles, 520/521, Anna Salai, Madras-600006.

(Enforcement Wing) rep. by Dy, Development Commr. for Handlooms Ministry of Textiles, Udyojj Bhavan, New Delhi.

3 Office of the Development Commr. tor Handlooms (Enforcement Wing) rep by Dy Development Commr. for Hatidlooms, Ministry of Textiles,, Udyog Bhavan, New Delhi.

4. Regional Development Officer for Handlooms. Regional Enforcement Office Weavers Centre Cl-B Rajaji Bhavan, Besant Nagar, Chcnnai-90.

REFERENCE:

Order No. L-42012/89/95JR(DU), dated 26-2-%, Ministry of Labour, Government of India New Delhi.

A. Regional Development Officer for Hanaloum* Rc£/onal Enforcement Office Weaver's Centre ' Cl-B Rajaji Bhavan, Besant Nagar, Chennai-90.

Tn I.D. No. 79/95 REFERENCE:

BETWEEN

Order No. L-420I2/96/95-JR(DU) dared 15-2 96 g r u j ry of Labour, Government of Jnd;;,; ²£

Shri S, Kalimnthu, 6/12 Thlapi Kmnann Sl., Gftnanathy post, Coimbatore-641006.

AND

1. The Director,

Indian Institute of Handloom Technology, Salem-636001.

2. Tho Direcetor,

Weaver's Service Centre, Government of India, Ministry of Textiles, 520/521, Anna Salai, Madras.

3. Office of tho Development Commr. for

Handlooms (Enforcement Wing) rep. by Dy. Development Commr. for Handlooms, Ministry of Textiles, Udyog Bhavan, New Delhi.

4. Regional Development Officer for Handlooras, Regional Enforcement Office Weavers Centre, Cl-B Rajaji Bhavan, Besant Nagar, Chennai-90.

REFERENCE:

Order No. L-42012/86/95-IR(DU) dt. J5-I1-95- 30-1 I - 9 J, Ministry of Labour, Government of India, New Delhi.

These disputes coming on for final healing on Monday, the 20th day of November, ?O0O upon peisufnn the reference. Claim and Counter statements and all other material papeis on record and upon hearing the arguments of Thiru D Hariparanthaman, for Thiru K. Chandru, advocate appearing¹ for the workmen and of Thiru R. Karunakaran, Addl. Standing Government Counsel appearing for the management ID all the disputes and these disputes having stood over till this day for consideration, this Tribunal made the following Common :

I D. No. 16 of 1996

AWARD

The Government of India has referred the following issue for adjudication by this Tribunal:

"Whether the action of the Director Ticiinn Irvt'tut" of Handtoom Technology, Salem in terminating the services of Smt. S. Kalaichelvi woikiug at Salem, is just, proper and legal ? If not, what relief the concerned workman is entitled to ?"

2. The main averments found in the Amended Claim Statement of the Petitioner are as follows •

The Petitioner was appointed by an Older dated 8-5-86 as Stenographer Gr. Ill by the respondent in temporary capa- city, at their office at Coimbatore. Accordingly, the petitioner joined the duty on 18-6-86. Subsequently by an Order dated 24-4-1987, the petitioner's service was extended upto 29-2-1988. The petitioner's service was further extended upto 28-2-1991. By an order dated 29-7-91 her service was ex- tepded upto 3Q-9-91. In the meanwhile, the enforcement wing of the Regional office of the Development Comroissionei for Handlooms was shifted to Salem w.e f. 1-10-1991. To the shock of the petitioner by an Order dated 30-9-91 she was relieved on 30-9-91 without assigning any reason. She was not offered compensation ond notice pay as required under the provisions of the Industrial Disputes Act. 1947, The Conciliation officer fixed a Meeting on 29-1-92. In that meeting he drew up a minutes dated 29-1-92 and got the signatures of the petitioner and other workers were not legally aware of the issue regarding the applicability of the Industrial Disputes Act and on the basis of the illegal advice given by the Conciliation officer they were forced to sign those minutes agreeing to close the conciliation pioceedines She along with other woikmen filed an Original applicMion before the Madras Bench of the Central Administrative Tribunal seekine for a direction to the Conciliation officer to send her failure report. The said original application being O.A. No. 850 of 1992 was allowed by setting aside the minutes dated 29-1-92 and with n fnithcr direction to conciliate on the h°ur When the mntter wii" pending before. the Conciliation officer, the icnpondent sent a notice dated

107? 16-2-94 and asked the petitioner to appear for an interview and test for a short term vacancy on adhoc basis at their Madras office, Immediately the petitioner sent a reply dated 28-2-J)4 stating that since her dispute was pending before the Conciliation officer she has right to get confirmed in the post. Therefore, she did not attend the interview since it was for a short term vacancy. The Order terminating her services is wholly illegal, unjust and liable to be interfered with by this Tribunal,

3. The main averments found in the Counter statement of the respondent are as follows:

The petitioner was a Central Government employee, she was governed by the C C S. rules. She can seek her remedy bcfoie the Central Administrative Tribunal. The petitioner was appointed on adhoc bat>is to the post of Stenographer Grade-Ill in the Regional office of tho Development Com- missioner for Handlooms (Enforcement Wing) Coimbatore, set up under the Office of the Development Commissioner for Handlooms, Ministry of Textiles, Udyog Bhavan, New Delhi and not by the respondent. Therefore, the matter is beyond the jurisdiction of tho Industrial Tribunal. The petitioner's services had been continued upto 30-9-91 on adhoc basis. In the light of the economy drive by the Government of India, and also blanket stay on the operation of Handlooms (Reservation of Articles for Production) Act 1985 granted by the Supreme. Court adhoc appointments made against the temporary posts created were not extended beyond 30-9-91. The petitioner has misrepresented the facts, by claiming that she is an employee of IIHT, Salem while the fact is that she was an adhoc employee of Regional office of the Development Commissioner for Handlooms (EW) Coimbatore. The petitioner while approaching Central Administrative Tribunal, has projected herself as workmen of Indian Institute of Handloom Technology while she was fully aware of the fact that she was the adhoc employee of Regional office of tho Development Commissioner for Hand- looms (EW) Coimbatore. The Ministry of Labour while issuing orders of adjudication dated 30-11-95 was not aware of the fact that the petitioner was an adhoc employee of Regional office of the Development Commissioner for Hand- looms (EW) Coimbatore. Tn the month of December 1993, the Office of the Development Commissioner for Handlooms has decided to open the Regional Enforcement office at Madras and the work relating to appointment of staff on adhoc basis was entrusted to the Director, Weavers Service Centre, 520/521, Anna Salai, Teynnmpet, Madras-600018. As advised by the Office of the Development Commissioner for Handlooms, New Delhi Smt. S. Kalaichelvi, who was previously working as Stengorapher Gr. ITT at Reglonfil Enforcement office, Coimbatore was also called for inter- view ,'itst on 2-3-94 at Weavers Service Centre, she had not attended the interview/test and person called for from the Employment Exchange. The respondent prays to dismiss the petition.

4. On behalf of petitioner/workman, WW1 Smt. Kalaiselvi has been examined and Ex. WI to W29 wore marked. On behalf of respondent. Ex, Ml to M8 were marked by consent. In T.D. No. 17 of 1996.

5. The Governmnet of India has referred the following issue for adjudication by this Tribunal:

"Whether the action of the Director, Indian Institute of Handloom Technology, Salem in terminating the services of Sri J. Basakran working at Salem, is just, proper and legal ? If not, what relief the concerned workman is entitled to?"

6. The main averments found in the Amended Claim statement of the petitioner are as follows :

The petitioner was appointed by an Order dated 24-9-86 as Staff Car Driver by the resepondent in temporary capacity, at their office at Coimbatore. Accordingly, the petitioner joined the duty on 13-10-86. After serving for n period of 5 years, the petitioner was suddenly informed I hat his services was extended upto 30-9-91. No reason was given for issuing such an order. In the mean while, the enforcement wing of the Regional office of the Development Commissioner for ITandloomi was shifted tn Silem w.c f, 1 10-91. The petitioner was not Riven any offer for transferring his service to Salem even though he had completed more than 5 years of service10?8 THE GAZETTE OF INDIA : MARCH 10, ?001/PHALGUNA 19, 1922 [PARF II—SEC. 3(ii)] in the respondent establishment. To Hie shock of the peti- tioner by an order dated 30-9-91 he was relieved on 30-9-91 without assigning any reason. At the time uf dispensing with his services, ho was not offered compensation and notice pay as required under the provisions 01 tne Induatii.il Disputes Act, 1947, The conciliation ofhctr issued a notice clatea 13-1-92 to the respondent. The Conciliation officer fixed a Meeting on 29-1-92. In that meeting he drew up a minutes dated 29-1-92 and got the 'signatures ot the pctitione* anil othci workeis were not legally uvvaic of the issue regarding the applicability of the Industrial Disputes Act and on the basis of the illegal advice given by the Conciliation ofucei they were lorced to sign those minutes agieeing to close the conciliation proceedings, He along with other woikmTi iiled an Oiiginal application before the madias Bench ol the Central Admn. Tnhunal seeking for a direction to the Conciliation officer to send his failiue repoit. The said original application being O.A. No. 850 of 1992 was allowed by setting aside the minutes dated 29-1-92. The order tci ini- tiating the petitioner's services is wholly illegal, unjust and linlbe to be interfeicd with by this Tribunal.

7, The main averments found in the Counter Statement

of the respondent are as follows :

The iicilionei was appointed by an Order dated 30-11-89 :i" WuiLijnian (.Nigbt uuiy) by ine respondent in teinporaiy opacity, at tnen oJtico at Coimbatore. Accoiding, the peti- t.oncr joined ihe duty on lU-IJ-iy<49. Artei serving for .i period oc one ^.ai ana nuie nu/dms, the petitioner was sud- ucmy ijnorrn~a U.at ins seivice was extended upto JO-9-91. No lejaon was given tor issuing sucti an older. In the meanwhile, the ciuo.-xtnvtiL wing of the Regional Olliec of the De. c!opuient Coiuiniit&iuuei for HondJoouis was shifted to Salem w.e.f, 1-10 91, I lie peiuiiMiei win not given any oiler lor tiansieiiing his seivice to Salem even though he had completed moie than 5 years of service in the lespondent establijiiment. )o the shoek of the petitioner by an Ordci dated 30-9-91 he was relieved on 30-y-yl without assign- ing u-.iy iL-asuj). At the time of dispensing with his seivices he was not offered compensation and notice pay as required under llic piovisions of the I.D. Act. 1947. Ihe Conciliation Olhcei issued a notice dated 13-1-92 to the rspondent. The Conciliation Officer iixed a Meeting on 29-1-92. In that meet- ing he drew up u Minutes ul J!"-1 92 and got the signatuies ui the petitioner and other woikcis wiic not legally aw.iie of ihe is.ui; iL-a^iding the applicability ot the Industnal Disputes A.LL und on the busis of the illegal advice given by the Con- cililion Officer they weie forced to sigti those minutes agree- ing to close the Conciliation Pioceedings. The petitioner along with other woikrncn filed an Original Application before the Madias BenJi of the Central Adminishative Tribunal seck- liig ior .i J.lection to the Conciliation Officer to send his failure import. The said original application being O.A. 850 of 1992 was allowed by setting aside the minutes dated 29-1-92. The petitioner prnys to pass an award holding that the termination of the services of the petitioner is illegal.

11. rLhe main averments found in the Counter Statement

of Uie respondent are as follows :

The petitioner was u Central Government Employee, he was governed by the C C S. rules. He can seek his remedy before the Cential Administtative Tribunal The petitioner was appointed on adhoc basis to the post of Staff Car Drive i in the Regional office of the Development Commissioner foi Handlooms (Enforcement Wing) Coimbatore, set up under the Office of the Development Commissioner for Handlooms, Mini'tiy of Textiles, Udyog Bh.ivan, New Delhi and not by the respondent. Therefore, the matter is beyond the jiuis- diction of tho Industrial Tribunal His services had been continued upto 30-U-91 on adhoc basis. In the light of the economy drive by (he dovcinment of Indin, and also blanket stay on the operation of Handlooms Act 1985 grated by the Supreme Court, adhoc ajpointmiyts ma^c against the temporary posts created were not extended beyond 30-9-91. The petitioner his mis-represented tho facts bv daiming that he is an employee of IIHT, Salem while the fact is that he was an adhoc employee of Regional office of the Develop- ment Commissioner for Handlooms (EW) Coimbatore. 1 he petitioner while approaching Ccntial Administrative Tiibunal, has projected himself as workmen of the Indian Institute of Handloom Technology while he wa-, fully aw ire of tin- f'id that he was the adhoc employee of Regioml office of thi- Deyelopment Commissioner for Hundlnoms (EW). Coimbatore. The Ministiy of Labour while issuing orders of adjudication dated 30-11-95 was not aware of the fact that the petitioner was an adhoc employee of Regional office of the Development Commissioner for Handlooms (FW) Coimbatore. In th^ month of Dccemher 1993. thr offie- nf the Development Commissioner for Handlooms has dr-cidi-d to open the Regional Knforceracnt office at Madras and 11,e work relating to appointment of staff on ndhnc bi^is WTI entrusted to the Director, Weavers Service Centre, 570/521, Anna Salai, Teynampct, Madr,v-18. Thf petitioner had Ivrn offered appointment in the Regional office nf the Develop- ment Commissioner for Handlooms (I nfori-emrnl Winal Madras against the existing temporary post As he hnd niif reported for duty on the stipulated date, person railed foe from the employment c

8- On behnlf of pptinnnor. Fv WI to WM weic rrnrked by consent. On behalf of rcspondent|managcmenl, Ex. Ml 1o M4 were marked by consent. No wilne^ses were examined for both sides. In I D. No. 18 of 1996

9 The Govt, of India hns refcircd the following is-sne, tar

adjudication by this Tribunal:

The petitioner was a Central Govt. Employee, he was governed by the C C S. Rules. He can seek his remedy beioie the Central Administrative Tribunal. The petitioner wa, ippointed an adhoc basis to the post of Chowkidar in the Regional Office of the Development Commissioner for Handlooms (Enforcement Wing) Coimbatore, set up under the Office of the Development Commissioner for Handlooms Ministry of Textiles, Udyog Bhavan, New Delhi and not by the lespondent. Ihercfore, the matter is beyond the juiisdic- tion of the Industrial Tiibunal. Hw services had been con- tinued upto 30-9-91 on adhoc basis. In the light of the economy drive by the Govt, of India and also blanket stay on ihe operation of Handlooms (Reservation of Articles for Pjoduction) Aet 19X5 granted by '.he Supreme Court, adhoc appointments made against the temporary post cieated were mil extended beyond 30-9-91. The petitioner has misrepresen- ted the facts by claiming that he Is an employee of TIHT, Salem while the fact is that he was an udhoc employee of Regional office of tho Development Commissioner for Hand- looms (EW) Coimbatore. The petitincr was appointed in ad'-uie basis. The petitioner while approaching Central Ad- ministrative Tribunal, has projected himself as workmen of Indian Institute of Hnndloom Technology while he was fully aw :re of the fnct that he was the adhoc employee of Region- al oliice of the Development Cornm'ssioner for Handlooms (1-VV) Coimbatore The Ministiy of Labour while irsunig orders of Adjudication dated 30-11-95 was not awaio of the ffict

''Whether the action of the Director, Indian Institute of Handloom Technology, Salem in teiminating the services of R Duraisamy working at ftolcm. is jusl proper nnd legal¹? If not what relief thf: concerned workman is entitled to7"

12. On behalf of petitioner, Ex. W1 lo WI7 were mmked by consent. On behalf of respondent, Ex Ml to M9 were marked by consent. No witnesses were examined for both - • '"!< sidii.

10. The rmin avrrrnenh found in the Amended Claim

Statement of the petitioner are as follows :

1079

17. The Govt, of India has referred the following issue for IV The Govl. of India has refeired the following Issue for adiudication by this Tribunal: j adjudication by this Tribunal:

"Whether the action of the Director, Indian Institute of H.mdloorn Technology, Salem in terminating the ser- vices of Smt. Shanlhi woikins at Salem, is just, pro- per and legal? If rrot, what relief the concerned workman is entitled to ?" "Wli-tVr the action of the Director. Indiun Institute of Hrndloom Technology, Salem in icimlruiting the s.ei vices of B. Raroalingam working at Salem, is just, propei" and legal? If not, what iel:eC the concerned workman is entitled to?"

13. 'Inc main cveimcnts found in the Amended Claim 1A The main averments found in the Claim Statement of

Statement of the petitioner are as follows :

the pi.titiODcr arc Ms follows :

"I he petitioner was appointed by an CM da dated 8-5-96

as Peon by the Respondent in tempomty capacity, at thcii office nt Coimbatoic, Accordingly, the petitioner joined the duty on 11-6-86. Subsequently by an Order dated 24-4-87, the petitioner service wn., extended i. 10 r/J-2-88 Tne peti- tioner's service was further extended upto 28-2-R9. By an Orc'cr dated 27-3-91 the service of the peitiwner was further extended upto 30-9-1991. In the meanwhile the enforcement wing of the Regional office of the Development Commissioner for Handloonv; was shifted to Salem w.e.i". 1-10^91, To the shock of llv petitioner by an Older dated 10-9-91 without assigning nny reason. At tho time of dispensing wjth his services, he was not offered compensation and notice pay as required under the provisions •of the Tnlustrial Disputes Act, 1947. The Conciliation Officer issued a notice dated 13-1-92 to Ihe lespondent. The Concilia- tion officer fherf a Meeting on 29-1-92. In that meeting he drew up a minutes dated 29-1-92 and gol the signatures of the petitioner and other woikers were not legally aware of the issue regarding the applic-ihility of Ihe Industrial Disputes Act and on the basis of thj illegal advice ^hen bv the Core illation Officer thfv weie forred to si^n ihotx minutes aprecine to close the conciliation proceedings. Thereafter on legal tuiyice, the petitioner sent a petition dmed 14-2-92 lie dlnni with othe™ wnrk-n.cn fi'ed nn Orinnal Application before tho Madras Bench of the Central Administrative Tri- bunal seekine for a dilution In the Conciliation Officer to send his failure report. The said original application being O.A. R50/92 was .flowed bv -fti:n." asid* th* Minutes dated 29-1 -12 and with a funher diiection to conciliate on the issue. The Ord^i¹ termintinc; his services is wholly illegal.

19. The main averments found in the Counter Statement 15, Thi.- main avcimcnts found in the Coupler statement of of +he Respondent are as follows :

the ictrondent are as follows -.

C o m m i s s i o ns f ur H a n d l o o ms ( FW ( " V I P I M ' T -. Th • M ' p ' M rv

In l.D, No. 79 of 1995

21. Iho Government of India has refened the following issue for udjudicution by this Tiibunal;

"Whether the action of the Director, Indian Institute of HandJooni Technology- Salem in tciminatirifi the services of Sri S. Kalimuthu, Ex-Peon, working at Coimbatore w.c.l 30-9-91 is just, proper and legal 7 If not, what relief the concerned woikman is entitled t o ?"

22. The main averments found in the Claim Statement of the pctituner are as follows :

The petitioner WHS appointed by an Order dated 24-9-1986 a-, Peon by the Respondent in temporary capacity at their office at Coimbatore. Accordingly the petitioner joined the fluty on 10-10-1986. After seiving for a period of 5 years, Ihe petitioner was suddenly infoimed by an Order dated 30-8-81 that his services was extended upto 30-9-91. No reason was given for issuing such an order. In the mean- while, the enforcement wing of the Regional Office of the Development Commissioner for Handlooms was shifted to Salem w.e.f. 1-10-91. The petitioner was not given any offer tor tiansferring his service to Salem eventhoiiiih he had convicted more than 5 years of service in the respondent establishment. To the shock of the petitioner by an Older dated 30-9-91 he was relieved on 30-9-91 without assigning any leason. At the time of dispensing with his seivices, he v.'iis not offered compensation and notice pay as required under the provisions of the Industrial Dispute^ Act, 1947. The Conciliation Officer fixed a Meeting on 29-1-92 find Rot the signatures of the petitioner and other workers. Since the petitioner and other workers w ac not legally aware of the issue regarding the applicability of the Industrial Disputes Act and on the basis of the illegal advice given bv the ConcilKtion Officer thev were forced to sign those Minutes agreeing to close the Conciliation Proceedings in view of the so-culled decision of the Government of Tndia tak.cn earlier. He along with other workman filed an Original application before the Madras Bench o'f the Central Admi- nistrative Tribunal seeking for a direction to the Concilia- tion Officer to send his failure report. The said original application being O,A. 850 of 1902 was allowed by setting aside the Minute> dated 29-1-1992 and with a further direc- tion to conciliate on the issue. The Order terminating his sei vices is wholly illegal, unjust and liable to be inteifcr<"d with.

?3, The mnin averments found in the Counter Statement of the lespondent are at, follows :

The petitioner was a Central Government employee, he was govrened by the C C S. Rules. He can seek his remedy before the Central Administrative Tribunal. The petitioner was appointed on adhoc basis to the post of Peon in the Regional Office of the Development Commissioner for Hand- looms (Fnfoi cement Wing) Coimbatore, set up under the Office of the Development Commissioner 'for Hrindlooms, Mini-try of Textiles, Udyog Bhavan, New Delhi and not bv the respondent,. Therefore, the matter is beyond the juris- diction of the Industrial Tribunal. The petitioner's services hnd been continued upto 10-9-91 on adhoc basis. In the licht of the economy drive hy the Government of Tndia. and r.Ko blanket stay on the operation of Handlooms Act. 1985 granted by the Supreme Court, adhoc appointments made aeainst the temporary posts created were not extended beyond 30-9-91. The petitioner has misrepresented' the facts bv clainvng that he is nn employee of tTHT Salem, while the fact is that he was an adhoc employee of Regional Office of the Development Commissioner for HandloomS OHW) Coimbatore. The petitioner while appioaching Centra] Admi nktnitive Tribimai has projected himself ns workmen of Tndlan Institute of HandJoom Technology while he was frrllv aware of the fact thnt he was the adhoc emniovee of Regional Office of the Development Commissioner for Hand- looms (EW) Coimbatore. The Ministry of Labour while issuing orders of adjudication dWd 30-11-95 was not aware of the fact that the petitioner was an ndhoc employee of •Regional Offlci* of the Development Commissioner for Hand- loon". (EW) Coimbatore. In Ihe month of December 1993. it,. <•><*; •>. of the Development Commissioner for Handlooms h:is decided to oprn the Repionnl Fnforcement Office at Madras and the work relating to appointment of staff onl adhoc basis was entrusted to the Director, Weavers Service Centre, 520-521, Anna Salal, Teynampet, Madras-18. Sri S. Kalimulhu, who was previously working as Peon at Reaional Enforcement Office, Coimbatoic called for interview/tost on 3-3-94 at Weavers Seivice Centic, 520-521, Anna Salai, JVladrHb-18. He had not attended the interview/test. The jespondent pi ays to dismiss the petition.

24, On behalf of petitioner, Exs. WI to W10 were marked by consent. On behalf of respondent, Exs. Ml to M4 were marked by consent. No witnesses were examined for both fides.

25. The Point for consideration is: Whether the action/ of the Diiector, Indian Institute of Handloom Technology, Salem in terminating the services of the workmeu in l.D, Nos. 16/96 to 19/96, 24/96 and 79/95 working at Salem is just, proper and legal 7 If not, what relief the concerned workmen are entitled to 7

?fi. P.vidcnce was taken in l.D. No. 16/96 and bothsldes filed Memo impoiting such evidence to all other Industrial Disputes and to pa's a Common Award.

27. The Point : The petitioners-Claimants in the above Six Industrial Disputes namely I D. Nos. 16/96 to 19/96, 24/96 and 7^/95 are respectively (1) Kalaiselvi (Stenographer), Baskaran (Driver), Doiaisamy (Watchman), Ramalinfiam (Peon) Shamhi (Stcnoflianhcr) and Kalimuthu (Peon). They were first appointed respectively on 8-5-86 as per Ex. W3 in T.D, No. Jt>./96, 21-10-86 as per Lx. W2 in I,D. No. 17/96, 30-11-89 as per Ex. W2 in T.D. No, 18/96, 8-7-86 as per Ex. W2 in l.D. No. 19/96. 8-5-86 as Ex. WI in T.D. No. 24/96 and 21-10-86 us pei F\. W2 in l.D. No. 79/95.

28, These appointments were, made by the respondent niniely Ministiy of Textile, Udyog Bhavan, New Delhi, The Deputy Development Commissioner for Handlooms has signed in the Order of appointment. It is said that -II these appointments were made on adhoc basis It is in Older to ensure the implementation of ll.indioonis (Reservation of Articles for Production Act, 1985. in four Southern States and the Union Territories, Regional Oilict; of the Development Commissioner for Handlooms. (I- nforcement Win p.) at Coimbatore was constituted. Th" object wa, to render assistance to the enforcement officials. The strv;ccs of the above employees were continued on adhoc basis from time to time by separate orders upto 30-9-91, In Ihe mtantime, a Stay WHS said to have been granted by the Furreme Court of Tndia on the operation of Handlooms (Reservation of Articles for Production) Act. 1985; and there NABS economy drive by the Government of India. Therefore, the ndhoc appointments of the above employees in the tern pnrary post were not able to be extended beyond 30-9-91. Thus on that day, there was un Order of relieving of the above employees made by the Director and Regional Enforce- ment Officer. A reading of the relieving order made under Fxs. W3, W4, W4. W5, W5, and W4 respectively in the nhove Industrial Dispute Nos, 16/96 to 19/96, 24/96 and 79/95 etc. would go to show that those employees were funnily relieved on 30-9-91 thereby meaning u Teimination of Semce.

29. A renewal of their services of reappointment on adhoc basis in each of the above cases were shown imd'cr Exs W4 to W10 in l.D. No. 16/96. By that order, the extension of service was Riven foi Mrs. Kalaiselvi, Ramalinffam and Shanthl the cliiimanls in T.D. Nos. 16/96, 19/96 and 24/96.

30. A caieful perusal of Order of Appointment of each of (he apnlicant and the extension of service given to Smt, Shnnthi Kalaiselvi and Ramalingarn will go to show that there wai no mention of any particular period. On the othc-ihand what was commonly mentioned thereunder was that the ap- pointment was purely temporary and on adhoc basis. Even m (he Orders of appointment for rest of the Claimants namely BhHskaran. Doiai'amv antf Knlimuthvi, there was no mention niBdc about the period for appointment. We have to first testify whether at all tho.'e appointments are adhocwise a* claimed by the management.

3J. It is triii- that once an appointment is for H flxed prriod, SPLfion 2IF does not apply, ns it is covered bv clause BB of Section 2(oo) of the Act. In fact It was so held in A.I.R. 19% Supreme Court p. 1001 between State of Rajasthan and Others, Appellants V. RamoJhwnr Lai Oahlot, as follows;

"When tlio appointment is lor a fixed period unless there is finding that power under clause (bb) of Section 2(ooj was misused Or vitiated by Its rnalafide exercise, it cannot be held that the termination h illegal. In. its absence, the employer could terminate the services in terms of the letter of appointment, unless it is a colourable exercise of power. It must be established in each case that the power was misused by the management or the appointment for a fixed period was a colourable exercise of power. Therefore, where the termination is in terms of letter of appointment saved by clause (bb). neither reinstatement nor frech appointment could be made."

32. Again the learned Counsel for the Management drew our attention to 1994 ll LLN p. 59 between Deb Nnth Das and BiFv tnath Ohose and Others, wK: .in it was held that;

"Where an initial appointment is only adhoc and not according to rules and made as a stop gap arrange- ment, the offlciation in such posts cannot be tsken Into account for considering the seniorily." 33. While considering that the facts of the cited case fall within the ambit in Maharashtra Engineer's case (1990 I LLN. 1028) it was observed as follows:

"Once an incumbent is appointed to a post according to rule, his seniority has to be counted from the date of hia appointment and not according to the date of his confirmation. The corollary of the above rule is that where tho initial appointment h only adhoc and not according to rule and made as a stop-gap arrangement, the offlciation in such post catmot be taken Into account for considering the seniority.

. .. If tho initial appointment is not made by following the procedure laid down by the ruler, but the appointee continues in the post uninterruptedly till the reguiarisaticm of his service in accordance with the rules, the period of officiating service will be counted."

Again it was observed in that case as follows:

tho date of abolition of tb" port. Since thHtfttt- nation of the service of the respondent, jrff-fcdhoc employee fa only due to abolition of the post, th" question of conducting the enquiry under Rules does not arise."

In fact, there are catena cases which deals with the misuse of power or the coloujjable exercise of power of management in matters or appointments. Some such cases were produced, as Oasi: Laws by the workman. They are 1997- Writ law Report p. 181, 1992 I LLN 150, 1994 II LLJ p. 373, and 1986 I LLJ S.C. p. 127.

35. The first mentioned cited case namely 1997 W.L.R. p. .181 at P. 184 between P. Shanmuganathan V. The Registrar Tamil University, Thanjavur and 2 others, the following was observed:

"Sub clause (bb) to clause (oo) of Section 2 of the Act was added" in the year 1984. Of course, the intention of the Parliament in enacting sub clause (bb) to clause (oo) of Section 2 of the Act was to exclude certain categories of workers from the definition of 'retrenchment'. But, there is nothing in sub clause (oo) which enables an unscrupulous employer to terminate the service of the workers on the ground of non-renewal of their contract even iwHefc the work for which they were employed siHfcistj. JThe exception as contained in sub clause (bb>rwWlbflfeve to be strictly construed and clause .(bbyoJbAiJfiJ be made applicable only to such cases where the work ceases with the employment or the pwt itself ceases to exist. In our view, clause (bb) cannot be made applicable to a case when the employer re- sorts to contractual employment as a device to simply take it out of clause (oo) of Section 2 of to ".notw

. T he material available In the instant . ase disclose that the construction activity for the Tribal Research tw TA 1 Udhaaamardalam alone had ceased but * t" °B"t"! is s*iu in ^"stence and functioning from there When the services of the appellant were, LT™ad umth c f f e ct f r om t he afternoon of 4-8-1989. the post of Watchman In the Tribal Rwwirch Centre and the diitfe, performed by the appellant continued to exist. r l o r m eo <>y me • • . As already stated, th" nature of duties uerformed by the appeUant as Watchman continurd to exfTt teTminS ** *"*"' °f '*" * "* ™ ^™ . ?u ht aP "e l I a nt was term nntsid ;n the pe, "d ".*"• t ht PM,' ** Watchman Iw Utf Tribaf Research Centre itself leased to exist. ,ijft view or "M ^ l⁸^ t hC te™Inat}"" which nre Included in "In such cases, the deficiency in the procedural require- ments laid down by the rules has to be cured at the first available opportunity, without any default of the employee, and the appointee must continue in the post uninterruptedly till the renularisation of his service, in accordance with the rules. In such cases, the appointee is not to blfime for the deficiency in the procedural requirements uncbr the rules at the time of his initial appointment, and the appointment not being limited to a fixed period of time is intended to bn a regular appointment, subject to the rematniriR procedural requir-m-nts of the rules being fulfilled at tho earliest. In such cases also, if there be any delav in curino; the defects on account of any fault of the aripiontee, the appointee would not get the full berrfit of the earlier period on account of his default the benefit being confined only to the period for which he is not to blame. This category of cases is different frnm t r ^e covered by the .corollary in conclusion JAI which relates to Pivjointmertt only on adhoc basis as ^a stop gap arrangement pnd not Sccording, TO rmts"

dt S

bJ6TlicabIe' ^ h whV * ™ hdd "that if m settled law that o^ abolition of the uort, the either because of non-renewal of the con"t"ct because of exnirv of time stlwlaTedX the c^nUct ('f '•^^'ovrnent. It needs no further e x n l . n ^ o ^t £ s ew z&xs£S?z<'2& .motove,""" " '"U" of " ^ ™r m™ ta""d by Z