This Gazette may contains Multiple Subjects

REGISTERED NO. D.L.-33001/99 The Gazette of India

PUBLISHED BY AUTHORITY

No. 12] NEW DELHI, SATURDAY, MARCH 24, 2001/CHAITRA 3, 1923 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 and Training)

New Delhi, the 13th March, 2001

S.O. 583.—In exercise of the powers conferred by sub-section (1) of section 5 read with section 6 of the Delhi Special Police Establishment Act, 1946 (Act. No. 25 of 1946), the Central Government with the consent of the State Government of Tripura, vide Home Department Notification No. F. 21 (4)PD/2001 dated 1st March, 2001, hereby extends the powers 7 71 GI/2001-1

(1171)Ml7i" ;i W& GAZETtE OFINDIA : MARCH 24, 2001/ CHAJTRA 3, 1923 [PART II—SEC. 3(ii)] and jurisdiction of the members of Delhi Special Police Establishment to the whole of the State of Tripura for investigation of offences punishable under section 302 of Indian Fenal Code, I860 and section 27 of the Arms Actf, 1959 of case FIR No. 39/2001 dated 20-2-2001 of Police Station East Agartala, West Tripura, District, Tripura State and attempt, abetment and conspiracy in relation to or in connec- tion vi ith the offences and any other offence commit- ted in course of same transaction or arising out of the same facts.

.," -

[No. 228|18|2OO1-AVD. II]

HARI SINGH, Under Secy.

New Delhi, the 14th March, 2001,

S.O. 584.—-In exercise of the powers conferred by sub-section (8) of section 24 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), the Central Government hereby appoints Sh. C. S. Sharma, Advo- cate and Deputy Legal Advisor (Retired) CBI, Delhi as Special Public Prosecutor (Junior) for conducting the trial of the case in the Court of the Special Judi- cial Magistrate|Spl. Judge tor CBI Cases, Ambala (Haryana) and in the Hon'ble Punjab and Haryana High Court at Chandigarh in case RC-1 (S) 12000-SIU I|CBI|SIC, I|New Delhi (Case against S. P. S. Rathore, IPS, Ex-DGP) and any other matter con- nected therewith and incidental thereto.

[No. 225|3I2OO1-AVD.II]

HARI STNGH, Under Secy.

lift

MINISTRY OF FINANCE

(Department of Revenue)

CENTRAL BOARD OF DIRECT TAXES New Delhi, the 30th November, 2000 (INCOME TAX)

S.O. 585.—In exercise of the powers conferred by clause (23) of section 10 of the Income Tax Act, 19t>l (43 of 1961), the Central Government hereby notifies the "Panjim Gymkhana, Goa" for the purpose pf the said clause for assessment years 1996-97 to 1998-99 subject to the following conditions namely:—.

(i) the assesse© will apply its income, or accu- mulate it fof application,-in consonance with the provisions of sub-section (2) and (3) of Section¹11' as modified by the said clause (23) for such accumulation wholly and ex- clusively 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 or any other article as maty be notified, by the Board under the third provision to the aforesaid clause (23) for any period during the previous years relevant to the assessment years mentioned above otherwise than in any one or more of the forms or modes specified in sub-sec- tion (5) of Section 11;

(iii) the assessee will not distribute any pan of its income in- any manner to its members, except als grants to any association or insti- tution affiliated to it. and

(iv) this notification will-not apply in relation to any income, being profits and gains of busi- ness, unless the business is incidental to the attainments of the objectives of the assessee and separate books of accounts are maintained in respect of such busi- ness.

[Notification No. 11568|F. No. 196|16|98-ITA-H SAMAR BMADRA, Under Secy.

New Delhi, the 30th November, 2000 (INCOME TAX)

S.O. 586.—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 "South Point High School, 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 accu- mulate for application, wholly and exclusi- vely 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 thc form of jewellery, furniture etc.) for any period during the previous years relevant to the assessment years mentioned above otherwise 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 bcinp profits and gaints of busi- ness, unless the business is incidental to the.1174 THE GAZETTE OF INDIA : MARCH 24, 2001/ CHAITRA 3, 1923 [PAR: It—SEC. 3(ii)] attainment of the objectives of the assessee and separate books of accouK are main- tained iii. inspect of such business.

(iv) the assessee will regularly file its return ol in- come before the income-tax authority in accordance with the provisions of the in^ come-tax Act, 1961.

New Delhi, the 3Cth November, 2000 (v) that in the event of dissolution, its surplus and the afcsets will be given to a charitable orga- nisation with similar objectives.

(INCOME-TAX) [Notification No. 11569|F. No. 197|3O|2000-ITA-I]

SAMAR BHADRA, Under Secy.

S.O. 587.—In exercise of the powers conferred by the sub-clause (vi) of clause (23C) of section 10 of the Income-tax 1961 043 oi 19bl/, tlhe Central Go- vernment hereby notifies the "Sefli Sagarmal Bagrodia Charitable Trust, Delhi" for the puropse of the said sub-clause for the assessment years 1999-2000 to 2001-2002, subject to the following conditions, namely :—

(i) the assessee Mill apply its income, or accu- mulate for application, wholly and exclusi- vely to the objects for which its established;

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

(iii) this notification will not apply in relation to any income being profits and gains of busi- ness, unless the business is incidental to the attainment of the objectives of the assessee and separate books of accounts are main- tained¹ in respect of such business.

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

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

[Notification 1157O|F. No. 197|109|2000-ITA-H SAMAR BHADRA, Under Secy.

: h-K

above otherwise than in any one or more of the forms or modes specified in sub- section (5) of Section 11;

(iii) the assessee will not distribute any part of of its income in any manner to its mem- bers except as grants to any association or institution affiliated to it; and

(iv) this notification will not apply in relation to any income, being profits and gains of busi- ness, unless the business is incidental to the attainments of thb objectives of the assessee and separate books of accoonts are main- tained in respect of such business.

[Notification No. 46|2001|F. No. 196|3|2001-ITA-I] SAMAR BHADRA, Under Secy.

New Delhi, the 28th February, 2001

(Income Tax)

ORDER

New Delhi, the 2nd March, 2001

STAMPS S.O. 588.—In exercise of the powers conferred by clause (23) of section 10 of the Income Tax Act, 1961 (43 of 1961), the Central Government hereby notifies the "Archerty Association of India, New •Delhi" for the purpose of the said clause for assess- ment years 2001-2002 to 2003-2004 subject to the following conditions, namely :—

,(i) the dssessce will apply its income, or accu- ' mulate it for application, in consonance with the provisions of sub-section (2) and (3) of Section 11 as modified by the said clause (23) for such accumulation wholly and exclusively to the objects for which it is established;

S.O. 589.—In exercise of the powers conferred by clause (b) of sub-section (1) of section 9 of the Indian Stamp Act, 1899 (2 of 1899), the Central Government hereby permits State Batak of India, Mumbai to pay consolidated stamp duty of rupees twenty five crore only chargeable on account of the stamp duty on bonds described as 11.55%-SBI TIER-II CAPITAL BONDS (2000-2001) bearing distinctive numbers from IOOOOL to 108248 and 11.90% SBI TIER-II CAPITAL BONDS (2000- 2001) bearing distinctive numbers from 108249 to 125000 in the nature of promissory notes aggregating to rupees two thousand five hundred crore only allotted on 01-01-2001 by. the said Bank.

[No. 14/2001-STAMPS/F. No. 33/5|2001-ST] (ii) the assessee will not invest or deposit its funds (other than voluntary contributions received and maintained in the form of jewellery, furniture or any other article as may be notified by the Board under the third provision to (he aforesaid clause (23) for any period during the previous years relevant to the assessment years mentioned

R. G. CHHABRA, Under Secy.

2. The firm has applied for issue of duplicate copy of Customs Purpose/Exchange Control Purpose of the above mentioned licence on the ground that the Original Customs purpose copy and Exchange Control Purpose copy of the licence has. been lost or misplaced. It has further been stated Ihnt both the Customs Purpose/Exchange Control Purpose copy of the licence was registered with Customs House, Chennai and been utilised for a sum of Rs. 55,21,250 leaving an unutilised balance of Rs. Nil.

3. la support of their contention, the licensee has filed an Affidavit on stamped paper duly sworn in before Notary Public, Mylapore, Chcnnai-600004. [ am accordingly sati'fied that the Customs Purpose/ Exchange Control Purpose copy of Imrort Licence No. P/CG/2134280 dated 24 05-1995 has been lost or misplaced by the flim. In exercise of the powers conferred under Older S.O. 1060(E) dated 31-12-93 issued by DGFT, New Delhi the said Original Customs Purpose/Ex- change Control Purpose copy No, P|CG|2134280 dated 24th May, 1995 issued to M/s. Thakadoor Spinning Mills (PJ Ltd. is hereby cancelled.

1. The duplicate Customs Purpose/Exchange Contiol pur- pose copy of the said¹ licence is being issued to the party separately.

[F. No, 18/55/AM 96/EPCG 11/951]

C. V, L. N. PRASAD, Dy. Director General of Foreign Trade MINISTRY OF COMMERCE

(Directorate General of Foreign Trade)

ORDER

New Delhi, the 2nd March, 2001

S.O. 590.—M|s. Th.ikadoor Spinning Mills (P) Ltd, Dharmapuri-636701, were granted an Import Licence No. P/CO/2134280 dated 24-05-1995 for Rs. 55,21,250 for import of capital goods under BPCG Scheme.

1177

Baxi Ka Talab, Lucknow-227202.

2. Kendriya Vidyalaya

Basti, (U.P.)-272001.

3. Kendriya Vidyalaya,

Jhabua (M.P.).

4. Kendriya Vidyalaya No\ 1

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

Sagar (M.F.), 5. Kendriya Vidyalaya

(Department of Sec. and Higher Education)

Mehsana, Gujarat-384002.

New Delhi, the 7th March, 2001

6. Kendriya Vidyalaya Sangthan

Regional Office, Ahinedttbad, See. 30, 'Gandhinagar, Gujarat,

7. Kendriya Vidyalaya

Andrews Ganj, New Delhi-24.

S.O. 591.—In pursuance of sub rule (4) Af Rule 10 of the Official Languages (Use for Official Purpose of the Union) Rules, 1976, the Central Govt. hereby notifies of the following Kendriya Vidyalayas under the Ministry of Human Resource Development (Deptt. of Sec. and Higher Education) more than 80% staff of which has working knowledge of Hindi:—

1. Kendriya Vidyalaya

Air Force Institute.

[No. 11011-912001-O.L.U] D. P. BANDOONI, Director ( 0 1 ,) MINISTRY OF HEALTH & FAMILY WELFARE

(Department of Health)

New Delhi, the 8th March, 2001

S.O. 592.—In exercise of the powers conferred by Sub-Section (2) of Section 10 of the Dentists Act, 1948 (16 of 1948), the Central Government, after consulting the Drntal Council of Tndia, hereby makes (he following further amendment in Part-T of the Schedule to the Said Act, namely:

2. In Part-I of the said Schedule against serial number 50 and the entries relating thereto, the following entries shall be added, namely:

50. Himachal Pradesh University, Shimla

(i) Bachelor of Dental Surgery. B.D.S. Himachal Pradesh This qualification shall be a recognized Dental qualification in respect of BDS students of Himachal Pradesh Government Dental College and Hospital, Shimla when granted on or after 28th and 29th February, 2000.

[No. V. 12017/12/94-PMS] S.K. RAO, Director1178. THE GAZ&TTE OF INDIA : MARCH 24, 2 0 0 1/ CHAITRA 3, 1923 [PART II—SEC. 3 ( . U )] New Delhi, the Sth March, 2001

S.O. 593.—Whereas the Central Government, in pursuance of clause (a) of sub-section (1) of section' 3 of the Tndian Medical Council Act, 1956 (102 of 1956) and in consultation with the Government of Himachal Pradesh have nominated Dr. Mohinder Nath Director (Medical Education), Govt. of Himachal Pradesh, ShimJa to be a' member of the Medical Council of India with effect from the date of issue of this notification to 11th March 2004;

Now, therefore, in pursuance of the provision of sub-section Cl) of section 3 of the said Act, the Cen- tral Government hereby makes the following further amendment in the notification of the Government of India in the then Ministry of Health number S.O. 138, dated the 9th January, 1960, namely ;

In the said notification, under the heading, "Nomi- nated under clause (a) r>f sub-section (1) of section 3, for serial number 21 and the entries relating thereto the following serial number and entries shall be sub- stituted, namely:—

21. Dr. Mohinder Nath,

Chinar House, Strawberry Hills,

Shimla-171002.

[No. V-11013|l|2001-ME(Policv-I)l

P. G. KALADHARAN, Under Secy.

1179

MINISTRY OF COAL

New Delhi, the 7th March, 2001

S. O. 594.—Whereas it appears to, the Central Government that coal is likely to be obtained from the lands mentioned in the schedule hereto annexed ;

Now, therefore, in exercise of the powers conferred by sub-secdon (1) of section 4 of the Coa 1 Bearing Areas. (Acquisition and Development) Act, 1957(20 of 1957) (hereinafter referred to as the said Act), the Central Government hexefby gives notice of its, intention to prospect for coal therein ; 771 GT'M0l-2

-

, ]11S0 % f fi GAZETTE OF INDIA : MARCH 24; 2001/CfIAITRA 3, 1923 [PART II—SEG. 3(il)] The plan bearing No. C-I(E)/III/HR/667-0200 dated the 1st February, 2000 of the area covered by thh notification can be inspected in the office of the Western Coalfields Limited (Revenue Department), Coal Estate Civil Lines, Nagpui—40001 (Man irashl ra) or in (he office of the Collector, Chhindtfttra (Madhya Pradesh) or in the office of the Coal Controller, 1, Council House Street, Calcutta.

All persons interested in the lands covered by this notification shall deliver all map^ charts and other documents referred to in jub-scction (7) of seciion 13 of the said Act to the Officer-b-Chargc/Hcad of the Depait- ment (Revenue), Western Coalfields Limited, Coal Estate, Civil Lines, Nagpur-440 001 (Maharashrta) within ninety days from the date of publication of this notification,

SCHEDULE

TANDSI III BLOCK

Kajihan Area

DISTRICT CHHINDWARA (MADHYA PRADESH)

(Plan No C-l (E)/III/HR/667-0200 dated the 1st February, 2000)

District

Tahsil

Remarks Name of

Area in forest

Name of village

Serial Number

hectares

Compart- ment Number

Patwari Circle Number

_

2

Dodramau Bakodi Danwa _^

3 3 —.

1 2 3 4

Junnardeo Junnardeo Juunardeo Junnardeo Junnardeo Junnardeo Junnardeo Junnardeo

Chhindwara Chhindwara Chhindwara Chhindwara Chhindwara Chhindwara Chhindwara Chhindwara

—- P-41I P-412 P-413 P-424 P-425

33.350 139.325 8.200 32.070 271.056 10.000 173.930 245.250

Full Part Part Part Part Part Part Part Protected Forest Damua Range Rampur Block

Total area : 913.181 hectares

(appioiimatcly)

or 22 56-47 acres (approximately) BOUNDRY DESCRIPTION —

A—B

: Line starts from point 'A' and passes through protected forest compartment number P-41T and meets at point UB'.

: Line passes through protected forest compartment numbers P-411, P-412, P-424, then B-C—D

proceeds through protected forest compartment number P-413 and meets at point 'D'.

: Line passes through protected forest compartment numbers P-413, P-424 and proceeds D—E

through village Danwa and meets at point 'E\

: Line passes along the common boundary of protected forest compartment number P-425 E -F

and village Danwa, then passes through protected forest compartment tfumber P-425 ajnd passes along the common boundary of protected forest compartment number P-425 and village Bakodi and at point *F\

F—A

: Line passes along the eastern bank of Baradhar River ajid western boundary protected forest compartment number P-425, Bakodi village, protected forest compart- ment number P-412, village Dodramau, protected forest compartment number P-411 and meets at starting point 'A'.

[No. 43015/1/2001-PRIW]

SANJAY BAHADUR, Dy. Secy.

1181

New Delhi the 8th March, 2001

S. O. 5?5 .—Whereas it appears to the Central Government that coal U likely to be obatincd from the lands mentioned in the Schedule hereto annexed ;

Now, therefore, in exercise of the powers conferred by sub-section (1) of seciion 4 of the Coul Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the said Act), the Central Government hereby gives notice of its intention to prospect for coal therein.

The plan bearing Number SECL/BSP/GM (PLG)/LAND/240 dated the 25th May, 2000, of the area covered by this notification can be inspected in the Office of the Collector, Korba (Madhya Pradesh) or in the Office of the Coal Controller, 1, Council House, Street, Kolkata-700 001 or in the Office of the South Eastern Coalfields Limited (Revenue Secf-on), Seepat Road, Bilaspur - 495006 (Madhya Pradesh).

All person;, interested in the land covered by this notification shall deliver all maps, charts and other documents referred to in sub-section (7) of section 13 of the said Act to the Officer-in-Charge/Head of the) DeFarlmerit (Pt\er,Le), South Eastern Coalfields Limited, Seepat Road, Bilaspur-495 006 (Madhya Pradesh within ninety days from the date of publication of this notification in the Official Gazette.

SCHEDULE

POND1 BLOCK

KORBA COALFIELDS

GEVRA AREA

DISTRICT-KORBA (MADHYA PRADESH)

Plan No. : SECL/BSP/GM (Plg)/Land/240 Dated 25th May, 2000 (showing the land for prospecting)

Tahsil

District

Village

Remarks Khewat number

Serial Number

Area in hetares Patwari halka number

35 34 32

1 2 3

33 30 29 31

Katghora Katghora Katghota Katghora Katghora Katghora Katghora

Korba Korba Korba Korba Korba Korba Korba

4 5 6 7

186.559 385.000 97.912 40.000 108.551 121.866 200.000

Pajt Part Full Part Full Part Part 29

36

38 Pondi Ralia 38 Murianar 37 Chhindpur 35 38 Bahanpat Bhathora 38 Bhelai- 37 bazar Amgaon

Katghora

Korba

8

109.843 Part

TOTAL : 1249.731 Hectares (Approximately) OR 3088.09 Acres (Approximately) BOUNDARY DESCRIPTION :

A-B

: Line starts from point 'A' on the common boundary of villages Ralia-Saraisingar and passes along the Western boundary of Ralia village, then through Amgaon Village and meets at point 'B'.

B—C

: Line passes partly along the Northern boundary of Amgaon village, then through Pondi village, proceeds along the Northern boundary of Bahanpat, Bhathora village then through Bhathora village and meets at point 'C\

C—D

: Line passes partly along the Eastern boundary of Bhathora village, then through village Bhelaibazar and meets at point "D\

: Line passes through villages Bhelaibazar, Chhindpur, Ralia and meets at the starting D—A

point at 'A'.

[No. 43015/18/20O0-PR1WJ

SANJAY BAHADUR, Dy. Secy.

li*il&t THE GAZETTE OF INDIA : MARCH 24,2001/CHAITRA 3, 1923 [PART II—SEC. 3(ii)] New Delhi, the 8th March, 2001

S. O. 596.—Whereas it appears to the Central Government that coal is likely to be obtained from the lands in the locality mentioned in the Schedule hereto annexed ;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 4 of the Coal Bearing Areas (Acquisition and Development), Act, 1957 (20 of 1957) (hereinafter referred to as the said Act), the Central Government hereby gives notice of its intention to prospect for coal therein ;

The plan bearing No. MCL/SAMB/CGM (Coal Project and Planning)/Baitarani/00/22 dated 28th April, 2000 of the area covered by this notification can be inspected at the office of the Chief General Manager (Coal Project and Planning), Mahanadi Coalfields Limited, Jagriti Vihar, Burla, Sambalpur - 768018 (Orissa) or at the office of the Collector and District Magistrate, Angul, Orissa or at the office of the Coal Controller, 1, Counci House Street, Kolkata.

All persons interested in the lands 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/Hcad of the Depart- ment (Revenue/Estate), Mahanadi Coalfields Limited, Jagriti Vihar, Burla, Sambalpur-768018 (Orissa) within ninety days from the date of the publication of this notification in the official Gazette.

SCHEDULE

BAITARANI BLOCK

TALCHER COALFIELDS

DISTRICT ANGUL (ORISSA)

Alt rights

(Plan bearing No. MCL/SAMB/CGM (Coal Project and Planning)/Baitarani/00/22 dated the 28th April, 2000)

Police Station &

Village

No Tahsil/ Sub Div.

SI. No.

Chhendipada/42 Chhendipada/75

Angul Angul 1 2

Chhendipada/ Chhendipada/73 Chhendipada/77 Chhendipada/94

Angul Angul Angul Angul 3 4 5 6

Chhendipada/93 Chhendipada/41 Chhendipada/40

Angul Angul Angul 7 8 9

Podapada Chhcndipada Jungle Chhendlpada P.F. Chliendipada Machhakuta Jungle Tentuloi Gopinathpur Tentuloi Podapada Jungle Machhakuta

Area in Acres

District/ /State

Remarks Angul/Orissa Angul/Orissa

511.00 2206.36

Part Part Angul/Orissa Angul/Orissa Angul/Orissa Angul/Orissa

3993.60 470.21 256.00 516.02

Part Part Part Full Angul/Orissa Angul/Orissa Angul/Orissa

Full Full Full

438.45 350.84 550.00

Total

9292.48 Approximately or 3760.615 Hactares

(Approximately) \m:

Boundary description

A—B :

1

The line starts from point 'A' in Chhendipada PF near the 'Nallah'. From here, it proceeds towards south through the. Chhendipada PF and along the western boundary of the 'Nallah' and eastern boundary of village Tentuloi Gopinathpur upto point 'B' which is the trijunction point of villages Tentuloi Gopinathpur, kunjabiharipur and Kukurpeta Jungle.

B—C—D—E : From point 'B' the line proceeds towards west along tho southern boundary of villages Tentuloi Gopinathpur and Tentuloi upto point ' C. From here the line proceeds towards north along the western boundary of village Tentuloi upto point 'D' and from there it proceeds towards west along the southern boundary of Chhendipada jungle upto point 'E' which is the trijunction point of villages Chhendipada jungle, Tentulolkodasahi and Handigoda.

E_ F ~ G —H : From point 'E' the line proceeds towards north along the western boundary of Chhendipada Jungle upto point 'F'. From here the line proceeds towards west through Machhakuta Jungle and touches the western boundary of this Jungle at point 'G\ From here the line proceeds towards north along the western boundary of Machhakuta Jungle and village Machhakuta upto point 'H\

H—A : From point 'H' the line proceeds towards cast through village Podapada, Chhendipada Jungle-, Chhendipada and Chhendipada PF and meets at the starting point 'A" in Chhendipada PF.

[No. 43015/14/2000-PRIW]^

SANJAY BAHADUR, Dy. Secy.

[ P A B . T - . I I * -S e c ^ . 3 { i t ) .] 1 iW • T HE G A Z f f i i T E X 3 E J N C l A , ^ M A J l C Ha ^ V O M / C H A l T R A - S, J . S 1 23

New Delhi, the 9th March, 2001

S. O. 597.—Whereas it appears to the Central Government that coal is likely to be obtained from the lands in the locality mentioned in the Schedule hereto annexed ;

Now, therefore, inOTefCiseof the powers conferred by sub-section (1) of section 4 of the Coal Bearing, Areas (Acquisition and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the said Act) the Central Government hereby gives notice of its intention to prospect for c oal therein ;

The plan bearing No. CGM/IBV/SURV/4/2000, dated the 8th May, 2000 of the area covered by this notification can be inspected at the office of the Chief General Manager (Coal Project and Planning), Mahanadi Coalfieids Limited, Jagriti Vibar, Buda, Sambalpur-768018 (Orissa) or at the office of the Collector and District Magistrate, Sombalpur, Orissa or at the office of the Coal Controller, \, Council House Street, Kolkata.

All persons interested in the land covered by this notification shall deliver all maps, charts and othej documents refetred to in sub-section (6) of section 13 of the said Act to the officer-in charge/Head of the D"p*rterie*it (Revenue/Estate), Mahanadi Coalfields Limited, Jagriti Vihar, Burla, Sarnbalpur- 768018 (Orissa) within ninety days¹ from tJw date of "the publication of this notification in the Official Gazette.

Schedule

TB Block-Xm

IB Valley Coalfield

District Jharsuguda (Orissa)

All rights

(Plan bearing No. CGM/IBV/SURV/4/2000 dated 08-05^2000)

District/State

Area in Acres Village

Remarks SI.

Police Station and number

Tahsil/Sub Division

No.

Sambalpur/Orissa Sambalpur/Orissa

1325.35 1450.00

Talabira Khinda

Rengali. Rengali

3 2

Part Part 1 2

Total

2775.35 (Approx.) or 1123.16 Ha.

(Approx.) H87 Boundary description

A—F :

F—G—H :

The line starts from point 'A', which is the trij unction point of villages Talabira, Bhursunua and Patrapali . From here it proceeds towards east through village Talabira and after crossing the eastern boundary of this village through Khinda village upto th western bunk of Dhedcn river at point 'F'. The line moves towards south-east within¹ village Khinda and touches its eastern boundary at point 'G\ From here the line moves towards west through village Khinda and touches its western boundary at point 'H'.

H—A : Then the line moves towards north along the western boundary of villages K-hinda and Talabira and meets at the starting point 'A'.

[No. 43015/20/20O0-PRIW]

SAN.TAY DAHADUR, Dy. Secy. 771G1/2OO1-31188 THE GAZETTE OF INDIA : MARCH 24,2001/CHATTRA 3, 1923 [PART il—Sftc, 3(u*)] New Delhi, the 12th March, 2001

S.O. 598.—Whereas it appears to the Central Government that coal is likely to be obtained from the lands mentioned in the Schedule hereto annexed;

Now* therefore, in exercise of the powers conferred by sub-section (1) of section 4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 195)7 (hereinafter referred to as the said Act) the Central Government hereby give notice of its intention to prospect for coal therein.

The plan bearing Number: SECL/USP/GM(PLG)/LAND/229 dated 6th August, 1999 of the area covered b this notification can be inspected in the Office of the Collector. Shahdol (Madhya Pradesh) or in the Office of the Coal Controller, 1, Council House Street, Cakutla-700001 or in the Office of the South Eastern Coalfields Limited (Revenue Section;, Seepat Road, Bilaspur-495006 (Chhattisgarh).

All persons interested in the land covered by this notification shall deliver all maps, charts and other documents referred to in sub-section (7) of Section 13 of the said Act to the Offlcer-in-Charge/Head of the Department (Revenue) South Eastern Coalfields Limited, Seepat Road, Bilaspur-495006 (Chhattisgarh), within ninety days from the date of publication of thi •. notification in the Official Gazette.

SCHEDULE

Karkati Block Extension

Sohagpur Area

District—Shahdol (Madhya Pradesh)

(Plan No. SECL/BSP/GM(PLG)/LAND/229

Dated 6th August, 1999, showing the land for prospecting)

Area in

Tahsrl

District

Remarks Serial Name of Village Number

hectares Patwan Halka Number

99

1. Siromija

Sohagpur ' Shahdol

311.004

Part 2, Deogawan

Sohagpur

Shahdol

99

136.000

Part 3. Deogai

Sohagpur

99

Shahdol

036.000

Part TOTAL : 483.004 Hectares (approximately OR 1193.50 Acres (Approximately) 118$ Boundary Description

Line starts from point 'A' on the common boundary of villages SirouBja and Chhirhai and passes through villages Sirounja, Deogawan, Deogai and meets at point ' D\ A—B—C—D 1

D—E

1

Line passes partly along the Eastern Boundary then Southern boundary of village Deogai, Eastern then Southern Boundary of Village Deogawan and meets on the common boun- dary of Villages Deogawan, Sirounja at point 'E'.

E_F—A

Line passes along the Southern, then Western boundary of village Sirounja and meets at the starting point 'A'.

[No. 43015/9/99-PR1W] SANJAY BAHADUR, Dy. Secy.

119"f

im

New Delhi, the 12th March, 2001

S.O. 599.—Whereas by the Notification of the Government of India in the Ministry of Coal, Number S.O. 898 dated 17th April, 2000, issued under Sub-Section (1) of Section 4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the said Act) and published in Part-II, Section 3, Sub-Section (ii) of the Gazette of India, dated the 29th April, 2000, the Central Government gave notice of its inten- tion to prospect for coal in 943.582 hectares (approximately) or 2331.60 acres (approximately) in the lands in the locality specified in the schedule annexed to that notification;

And, whereas, the Central Government is satisfied that coal is obtainable in a part of the said lands; Now, therefore, in exercise of the powers conferred by sub-section (1) of section 7 of the said Act, the Central Government hereby gives notice of its intention to acquire the following lands:—

(a) The lands measuring 239.591 hectares (approximately) or 592.03 acres (approximately) described in Schedule 'A' appended hereto;

(b) The rights to mine quarry, bore, dig and search for, win work and carry away minerals in the lands measuring 163-966 hectares (approximately) or 405.16 acres (approximately) described in the Schedule 'B' appended hereto-

Note: 1. The plan bearing No. SECL/BSP/GM (Plg)/Land/241 dated the 19th July, 2000 of the area covered by this notification may be inspected in the Office of ihe Collector, Umaria (Madhya Pradesh) or in the Office of the Coal Controller, 1, Council House Street, Kolkatta 700 001 or in the Offlce of the South Eastern Coalfields Limited (Revenue Section), Seepat Road, Bilaspur-495006 (Chhattisgarh).

Note: 2. Attention is hereby invited to the provisions of Section 8 of the said Act, which provides as follows:—

Objection to Acquisition

"8(1) Any person interested in any land in respect of which a notification under Section 7 has been issued may within thirty days of the issue of the Notification, object to the acquisition of the whole or any part of the land or of any rights in or over such land.

Explanation. It shall not be an objection within the meaning of this section for any person to say that he himself desires to undertake mining operations in the land for the production of coal and that such operations should be undertaken by the Central Government or by any other person.

(2) Every objection under sub-section (1) shall be made to the competent authority in writing, and the compe- tent authority shall give the objector an opportunity of being heard either in person or by a legal practitioner and shall, after hearing all such objections and after making such further inquiry, if any as he thinks necessary, cither, makes a report in respect of the land which has been notifietl under sub-section (1) or Section 7 or of rights in or over such land, or rr>ake different reports in respect of different parcels of such land or of rights in or over such land, to the Central Government, containing his recommendation on the objections together with the record of the proceedings held by him, for the decision of that Government.

(3) For the purpose of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land or any rights in or over such land were acquired under this Act". Note: 3. The Coal Controller, 1, Council House Street, Kolkatta-700 001 has been appointed by the Central Government, as the competent authority under section 3 of the said Act, vjde Notification undex S.O. No. 905, dated the 20th March, 1987 published in ParMI, Section-3, Sub-Section (ii) of the Gazette of India, dated the 4th April, 1987 at pages 1397 to 1400.

SCHEDULE-'A'

KANCHAN BLOCK

JO1JILLA AREA

DISTRICT—UMARTA (MADHYA PRADESH)

ALL RIGHTS

Tahsil

District

Remark General Number

Serial Name of village Number

Area in Hectares

658 Bandhogarli

1. Lahangi Kothar

Urn aria

62.528

Part

85 Bandhogarh

Urn aria

1.059

2. Karanpura

Part 246 Bandhogarh

Umaria

73.238

3. Chhuihai

Part 351 Bandhogarh

J02.766

4. Dhanbahi

LJmaria

Part TOTAL : 239.591 hectares (approximately) OR 592.03 acres (approximately)

1.. Plot Numbers to be acquired in' the Village Lahangi Kother (Part)

13 (Part), 14, 1.5, 16, 17 (Part), IS to 39, 40 (Part), 41 (Part), 42(Part), 43 (Part), 44 (Part), 45 (Part),.46 (Part), 47, 48,-49 (Part), 50, 51 (Part), 52, 57 (Part). 458 to 63, 161 (Part), 162 (Part), 176 (Part), 179 (Part), 180 (Part) 181 (Part), 182(Part), 183 (Part), 196(Part), 211 (Part),212 to216, 218, 219 (Part), 221, 222, 223, 238 239 (Part), 240 (Part), 241 (Part), 242 (Part), 244 (Part), 276 (Part), 4/279 (Part).

2. ' Plot Numbers to be acquired in Village Karanpura (Part)

I (Part). 2 (Part) 4 (Part), 5 (Part)

3. Plot numbers to be acquired in Village Chh uihai (Part)

1, 2 (Part), 11 (Part), 12 (Part), 13 (Part), 14 (Part), 17 (Part), 18 (Part), 19 to 62, 63 (Part), 65 (Part), 66 (Part). 67, 68 (Part), 69 (Part), 70 (Part), 71, 72, 73 (Part), 74, 75 (Part), 76 to 82 83 (Part), 84 to 88, 89/303 (Part).

• 4.: Plot Numbers' to be acquired in Village Dhanbahi (Part)

17 (Part), 18, 19 (Part), 28 (Part), 29 to 33, 34 (Part); 35, 36, 37, 38 (Part), 39 (Part), 40 to 70, 71 (Part),,72, 73 (Part), 74 (Part), 155 (Part), 156 to 161, 157/162, 159/163, 155/170, 155/171, 60/172.

BOUNDARY DESCRIPTION

A -B

Line starts from point 'A' on the junction of Village Ghiilghuli and Dhanbahi and passes • in Village Dhanbahi through plot numbers 28, 14, 19, 17, 38, 39, 73, 74, 71, 155, then enter in Village Chhuihai and passes through plot No. 65, 63, 66; 68; 69, 70, 73, then passes in Village Lahangikohar and passes through plot numbers 17, 4/279, 13 and meets at point 'B'.

B—C—D

Line passes in Village Lahangi Kothar along the Northern boundary of Plot number 59, Eastern boundary of Plot No. 59, 62, 52, then through plot numbers 51, 49, 44, 45 46, 43, 42, 41, 40, 211 then Eastern boundary of 212, 216, Northern boundary of plot number 218' and meets'at point 'D\

D-E

Line passes along Northern boundary of Plot Numbers 218, 239, through Plot Numbers 240,241, 242, 196, 179, 180, 181, 182, 183, 162, 161, 276 of Village LaJrongi Rattan: then ' enter in Village. Kararpura passes through Plot Numbers 4, 2, 1,-and meets at point"'E' Line passes partly along the Eastern boundary of Nalla and meets at point 'F\ 1W5 Line parses in ViBage Karanpura through Plot Numbers 1, 2, 5, 2, 4 then enter In Village P-G

Lahangi Kothar and passes through Plot Numbers 276, 161, 162, 183, 182, 181, Southern boundry of Plot number 180, through plot number 179, 196, 176, 244, 242, 241, 240, 239 Southern boun Jary of Plot numbers 238, 218, through plot number 219 Southern boundary of Plot numbers 216, 221, 223, Western boundary of Plot No. 223 and meets on the com- mon boundary of village Lahangi Kothar-Chhuihai at point 'G'.

G—H

Line passes in Village Chhuihai through Plot Number 75, Southern boundary of Plot Numbers 88, 87,85 through Plot Numbers 89/303, 83, 17, 18, 14, 13, 12,11, 2 and meets at point 'H'.

H—1

Line passes along the partly common boundary of Village Chhuihai—Nausemar, Dhan bljai—Nausemar and meets at point T.

T -A

Line passes along the common boundary of Village Dhanbahi and Ghulghuli and meets at the starting point 'A'.

SCHEDULE—B

KANCHAN BLOCK

JOHTLLA AREA

DISTRICT -U MARIA (MADHYA PRADESH)

BLOCK—1

MINING RIGHTS

Tahsil

District

Remarks •

General Number

Serial N ame o f Village Number

Area in Hectares

201 Bandhogarh

1. Ghulghuli

Ujnaria

35.541

Part

380

2. Nausemar

Bandhogarh Umaria

31.483

Part

TOTAL

67.024 Hectares 1. Plot Numbers to be acquired in Village Ghulgbuli (Part) ,

9 (Part), 10 (Part), 11 (Part), 12 (Part), 13 to 18, 19 (Part), 20 (Part), 28 (Part), 29, 30 (Part), 33 (Part) 34 to 102,28/103,42/104,43/105,43/106,16/107.

2. Plot Numbers to be acquired in Village Nausemar (Part) . . ..

1 (Part), 2, 3, 4, 5, 6, 13 (Part), 14 (Part), 15 (Part), 26 (Part), 29, 30, 31 (Part), .50 (Part), 51 (Part), 52. 53 (Part), 55 (Part)

BOUNDARY DESCRIPTION (BLOCK-I)

H—1 Line starts from, point *fr on the common boundary of CHhuihai—Nausemar Village and passes as described as All Right area boundary and meets at point T. I—A . . . , , , ., Line P^ses as described as All Right area boundary and meets at point 'A'1196 THE GAZETTE OF INDIA : MARCH 24, 2001/CHAITRA 3, 1923 {FART I I ~ - S E C. 3fii)] A—A1

Line passes partly along the common buundary of Dhaubhai—Ghulghuii villages then passes throuuh Plot Numbers 28, 30, 33, 20, 19, 12, 11, 10, 9 of Village Ghulghuli and meets at point "AT.

Line passes along the nalU and meets at point 'A2\

Al—A2

A2- H

Line passes through village Nausemar through plot numbers 15, 13, 14, Southern boundary of Plot Numbers 3, 5, through Plots 14, Southern boundary of Plot Numbers 6, 29, then through Plot Numbers 26, 31, 50, 51, 53, 55 and meets at the starting point 'H\ SCHEDULE B' CONTINUED

BLOCK 11

MINING RIGHTS

Village

Serial Name of Village

District

Area in

Tahsil

Remarks Number

Hectares

Number

Umaria

95.452

Part 1. Lahangi-Kothar

658 Bandhogarh

85

1.490

Part 2. Karatrpura

Bandhogarh Umana

96.942 Hectares

TOTAL:

GRAND TOTAL : BLOCK I &. II = 163.966 Hectares (Approximately)

OR 405.16 Acres (Approximately)

1. Plot Numbers to be acquired in Village Lahangi Kothar (Part)

41 (Part), 42 (Part), 43 (Part), 44 (Part), 45 (Part), 49 (Part), 51 (Part), 53, 54, 55, 56, 57 (Part), 64, 65, 66, 67, 68 (Part), 75 (Part), 80 (Pan), 81 (Part), 82 (Part), 83, 84, 85, 86 (Part), 87 (Part), 88 to 98 , 99 (Part), 100 to 160 161 (Part), 162 (Part), 179 (Part), 180 (Part), 181 (Part), 182 (Part), 183 (Part), 184 to 195, 196 (Part), 197 to 210 211 (Part), 217, 240 (Part), 241 (Part), 242 (Part), 276 (Part), 277.

2. Plot numbers to be acquired in Village Karanpura (Part).

1 (Part), 2 (Part), 3, 4 (Part).

BOUNDARY DESCRIPTION

B—C—D

Line starts from point 'B' in village Lahangi Kothar and passes as described in All Rights area boundary and meets at point 'D\

Line passes as described in All Rights area boundary and meets at point "E\ D—E

E -B1 * Line passes along Lahangi Nalla which is a{so common boundary of Village Lahnngi Kothar and Dagdowa and meets at point *BT.

Unc passes through Village Lahangi Kothar and passes through Plot Numbers 99, 87, Bl—B

86, 81, 80, 82, 75, 68 and meets at the starting point *B\

[No. 43015/I/2000-PR1W]

SANJAY BAHADUR, Dy. Secy 1197 771 GI/2001—51198 THE GAZETTE OF INDIA: MARCH 24,2001/CHATTRA 3,1923 [PART (t—SHC. 3 (ii)]

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

New Delhi, the 14th March, 2001

S.O. 600.—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 self-indicating non-automatic, (Multi- load cell type weighbridge) v\ eighing instrument with digital indication of "TMD" series of medium accuracy (Accuracy class III) anu with brand name 'Truck Master Digit (TMD)" (hereinafter referred to as the model) manufactured by M/s. Mettler-Toledco India Private Limited, Amar Hills, S.V Road, Powai, Mumbai-400 072 and which is assigned the approval mark IND/09/2000/198,

The said model (see figure) is a weighing instrument with a maximum capacity of 40,000kg and minimum capacity of 200kg. The verification scale interval (e) is 10kg. It has a tare device with a 100 per cent subtractive retained tare effect The load receptor is of rectangular section of side 9 •* 3 meter. The vacuum fluorescent display indicates the weighing result The instrument operates on 230 volts and 50-HerU alternate current power supply;

JAGUAR harsh environment enclosure

And Further in exercise of the powers conferred by sub-section (12) of section ^6 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 accuracy and performance of 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 V value of 5g or more and with 'e¹ value 1 * 10l 2 * 10k 5 - 10v. being the positive or negative whole number or equal to zero, manufactured by the same manufacturer with the same pannciplc, design and with the same materials which, the approved model has been manufactured.

IF No WM-21(141)/991

P A KRISHNAMOORTHY, Director, Legal Metrology 11991200 THE GAZETTE OF INDIA : MARCH 24, 2001/CHATTRA 3, 1923 [PART II—SEC. 3 (ii)J

New Delhi, the 14th March, 2001

S.O. 601.—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 non-automatic, weighing instrument with digital display (Multi-load cell Weighbridge type) belonging to Medium accuracy class (Accuracy Class III) (herein referred to as the model) manufactured by M/s. Ambika Scales Mfg. Works, 6, Hitendranagar Sahakaric Audyogik Vasahat Ltd., Near Chest desease Hospital, O/s Naroda Rly. crossing, Naroda-382 340 and which is assigned the approval mark IND/ 09/2000/264;

The model (see figure) is a non-automatic weighing Instrument, its maximum capacity is 50 tonne, minimum capacity is 200 kg. and value of verification scale interval (e) is 10 kg. The display unit is of light emitting diode type. The instrument operates on 230 volts and 50-Hcrtz alternate current power supply;

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 of similar make, accuracy and performance of the same series with maximum capacity above 5 tonne and with number of verification scale interval (n) in the range 500 to 10,000 for 'e; value of 5g or more and with 'e' value 1 * 10", 2* 10\ 5* 10k, where k is a negative or positive whole number or zero, manufactured by the same manufacturer in accordance with the same parinciple, design and with the same materials with which, the approved model have been manufactured.

[F. No. W.M.-21(89)/99]

P A. KR1SHNAMOORTHY, Director, Legal Metrology 12011202 THE GAZETTE OF INDIA: MARCH 24,2001/CHAITRA 3,1923 [PARTl^-SBC.3(ti)]

New Delhi, the 14th March, 2001

S.O. .—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-sections (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) with digital indication (hereinafter referred to as the model) belonging to Medium accuracy class (Accuracy Class III) and of SW-1 series with brand name *CAS\ manufactured by M/s. CAS Weighing India Pvt. Ltd., 568, Udyog Vihar, Phase V, Ourgoan-122 016, Haryana and which is assigned the approval mark IND/09/00/288;

The said model (see the figure given below ) is a non-automatic Instrument of table top type with digital indication of maximum capacity is 10 kg. minimum capacity is 100 g. and belonging to Medium accuracy class (Accuracy Class HI). The value of verification scale interval (e) is 5 g. The display unit is of light emitting diode type. The instrument operates on 230 Volts and 50-Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government 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 having maximum capacity upto 50 kg. and with maximum number of verification scale interval (n) in the range 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 10,000 for 'e' value of 5g or more and with V value 1*10*, 2X10"¹, 5* 10k, where k is a positive or negative whole number or 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(123)/99]

P A KRISHNAMOORTHY, Director. Legal Metrology 12031204 THE GAZETTE OF INDIA: MARCH 24,2001/CHATTRA 3,1923 [PART II—SEC. 3 (ii)]

New Delhi, the 14th March, 4001

S.O. 603.—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-sections (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) with digital indication (hereinafter referred to as the model) belonging to Medium accuracy class (Accuracy Class III) and of AP-1 series with brand name 'CAS', manufactured by M/s. CAS Weighing India Pvt. Ltd., 568, Udyog Vihar, Phase V, Gurgoan-122 016, Haryana and which is assigned the approval mark IND/09/00/289;

The said Model (see the figure given below) is a Non-automatic weighing instrument of table top type with digital indication of maximum capacity is 15 kg. minimum capacity is 40 g. and belonging to Medium accuracy class (Accuracy Class III). The value of verification scale interval (e) is 2 g./5g. The display unit is of light emitting diode. The instrument operates on 230 Volts and 50-Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act. the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument 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 100 to 10,000 for 'e⁷ value of 100 mg to 2g had with number of verification scale interval (n) in the range 500 tolO.000 for 'e'value of 5g. or more and with V value of lx10S 2*10", 5* 10*. where k is a positive or negative whole number or zero, manufactured by the same manufacturer in accordance with the same parinciple, design and with the same materials with which, the approved Model has been manufactured.

[F. No. W.M.-21(123)/99]

P, A. KRISHNAMOORTHY, Director. Legal Metrology HMf tftttft w4Bfc&1$)

New Delhi, the 14th March, 2001

S.O. 604.—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-sections (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) belonging to Medium accuracy class (Accuracy Class III) and of AD-1 series with brand name LCAS\ manufactured by M/s. CAS Weighing India Pvt. Ltd., 568, Udyog Vihar, Phase V, Gurgoan-122 016, Haryana and which is assigned the approval mark IND/09/00/290;

The said model (see the figure given below) is a non-automatic weighing instrument of table top type with digital indication of maximum capacity is 30 kg., minimum capacity 100 g. and belonging to Medium accuracy class (Accuracy Class III). The value of verification scale interval (e) is 5g./l Og, The display unit is of light emitting diode. The instrument operates on 230 Volts and 50-Hertz alternate current power supply.

Further, in exercise of the power 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 maximum number of verification scale interval (n) in the range 100 to 10,000 for 'e' value 100 mg. to 2g. and with number of verification scale interval (n) in the range 500 to 10,000 for V value of 5g. or more and with 'e' value of 1 * 10k. 2 * 10k, or 5 * 10k, where k is a positive or negative whole number or 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(123)/99]

P. A. KRISHNAMOORTHY. Director, Legal Metrology 1207120* THE GAZETTE OFINPIA: MARCH 24,2001/eHArrRA3 1923 {PART H—SEC. 3 (ii)]

New Delhi, the ]4th March, 2001

S.O. 605.—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 end the said model is likely to maintain its accuracy over periods of sustained use and "o render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-sections (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 'EET' series belonging to Medium accuracy class (Accuracy Class III) and with brand name 'LAK.SHMT, manufactured by M/s. Electro Equipments 30/ 37 B, 1st Floor, Adarshnagar, Before Greemvays School, Roorki-247 667 and which is assigned the approval mark IND/09/OO/250:

The model is a non-automatic weighing instrument of table top type with digital indication of maximum capacity is 15 kg. minimum capacity is 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 instrument 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 V value of 100 mg, to 2g and wit number of verification scale interval (n) in the range 500 to 10.000 for e' value of 5g or more and with V value to 1 * 10\ 2* 10k 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 parinciple. design and with the same materials which, the approved model has been manufactured.

[F.No. W.M.-21(26)/99]

P. A KRTSHNAMOORTHY, Director, Legal Metrology 12091210 THE GAZETTE OF INDIA ; MARCH 24,2001/CHAITRA 3. 1923 (PART II—SEC. 3 (ii)]

New Delhi, Hie 16th March, 2001

S.O. 606.—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 (hereinafter referred to as the model) belonging to Medium accuracy class (Accuracy Class III) and with brand name 'VITAL' manufactured by M/s Vital, 2001, Phase 4, G.I.D.C, Vitthal Udyognagar, Anand-388 121, Gujarat and which is assigned the approval mark IND/09/00/281;

The said model (see the figure given below) is a non-automatic weighing instrument of table top type with digital indication of maximum capacity 10 kg., minimum capacity 40 g. and belonging to medium accuracy class (Accuracy Class III). The value of verification scale interval (e) is 2g. The display unit is of light emmitting diode. The instrument operates on 230 volts and 50 Hertz alternate current power supply.

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Centra] Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument 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 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 10,000 for 'e' value of 5g. or more and with 'e' value of 1 * 10k, 2* 10k or 5* 10k, where k is a positive or negative whole number or zero manufactured by the same manufacturer in accordance with the same pa/inciple, design and with the same materials which the approved model has been manufactured.

[F. No. W.M.-2I(38)/99]

P. A. KRISHNAMOORTHY, Director, Legal Metrology mr mri f gy rmG^ZBTm

New Delhi, the 16th March, 2001

S.O. 607.—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) 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 (weighbridge conversion-kit type) with digital indication (hereinafter referred to as the model) belonging to Medium accuracy class (Accuracy Class 111) and with brand name LV1TAL" manufactured by M/s Vital, 2001, Phase 4, G.l.D.C, Vitthal Udvognagar, Anand-388 121, Gujarat and which is assigned the approval mark IND/09/00/283,

The said model (sec the figure given below) is a non-automatic weighing instrument of weighbridge conversion kit type with digital indication of maximum capacity 20 tonne, minimum capacity 100 kg. and belonging to Medium accuracy class (Accuracy Class 111). The value of verification scale interval (e) is 5 kg. The display unit is of light cmmiiting diode. The instrument operates nn 230 volts and 50 Hertz alternate current power supply.

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act. the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make, accuracy and performance of same scries with maximum capacity above 5 tonne and with number of verification scale interval (n) in the range 500 to 10,000 for V value of 5g. or more and with V value of 1' 10k, 2* 10k or 5 * 10k. where k is a positive or negative whole number or zero, 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(38)/99]

P. A. KRISHNAMOORTHY, Director of Legal Metrology 1213 1214 ? ; THgQAZKjtB(y|WDlArl^6l24,2(^l/dHAfhtA3tW3i [PART H^SHE. 3 (ii)}

New Delhi, the 16th March, 2001

S.O. 608.—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-sections (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 (Platform type) with digital indication (hereinafter referred to as the model) belonging to Medium accuracy class (Accuracy Class III) and with brand name 'VITAL' manufactured by M/s Vittal, 2001, Phase 4, G.I.D.C., Vitthal Udyognagar, Anand 388 121, Gujarat and which is assigned the approval mark INt)/09/2000/282;

The said model (see the figure given below) is a non-automatic weighing Instrument of platform type with digital indication of maximum capacity is 30kg. minimum capacity is 200 g. and belonging to Medium accuracy class (Accuracy Class III). The value of verification scale interval (e) is 10 g. The display unit is of light emitting diode. The instrument operates on 230 volts and 50-Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government 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 500 to 10,000 for V value of 5g. or more and with V value of 1v 10\ 2* 10\ 5xl0k, where k is a positive or negative whole number or 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(38)/99]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 1215 New Delhi, the 16th March, 2001

S.O. 609.—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 accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-sections (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 (weighbridge) with digital indication (hereinafter referred to as the model) belonging to medium accuracy class (Accuracy Class III) and with brand name 'VITAL' manufactured by M/s Vital, 2001, Phase 4, G.I.D.C, Vitthal Udyognagar. Anand 388 121, Gujarat and which ie assigned the approval mark IND/09/2000/284;

The said model (see the figure given below) is a non-automatic weighing Instrument of weighbridge type with digital indication of maximum capacity is 30 tonne, minimum capacity is 100 kg. and belonging to medium accuracy class (Accuracy Class III). The value of verification scale interval (e) is 5 kg. The display unit is of light emitting diode. The instrument operates on 230 volts and 50 Hertz alternate current power supply;

Further, in exercise of the powers con&frgg by sub-section (12) of section 3.6 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 above 5 tonne and with number of verification scale interval (n) in the range 500 to 10;000 for V value of 5g. or more and with 'e' value of I * 10", 2* 10", 5x 10", whew k is a positive or negative whole number or 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(38.)/99]

P. A. KRISHNAMOORTHY. Director, Legal Metrology 12171218 THEGAZETTEOFINDIA:MARdt24,2001/CHArntA3,1923 [PART H—SEC. 3 (ii)]

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 16th March, 2001

S.0.610.—Whereas it appears to the Central Government that it is necessary in the public interest that for the transport of Liquid Petroleum Gas Through Kandla-Jamnagar-Loni Pipeline Project in Rajasthan State, a pipeline should be laid by the Gas Authority of India Limited;

And whereas, it appears to the Central Government that for the purpose of laying the said Pipeline, it is necessary to acquire the right of user in the land under which the said Pipeline is proposed to be laid, and which is described in the Schedule annexed to this notification;

Now, therefore, in exercise of the powers conferred by Sub-section (1) of Section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;

Any person, interested in the land described in the said Schedule may, within twenty one days from the date on which the copies of this notification, as published in the Gazette of India, are made available to the general public, object in writing to the acquisition of the right of user therein or laying of the pipeline under the land to the Competent Authority, Gas Authority of India Limited, D-143/B, Koshalya Marg, Basant Marg, Bani Park, Jaipur (Rajasthan).

SCHEDULE

Tehsil

Ullage

Survey No.

Distt.

Land to be acquired for R.O.U. (in Hectares) B

D

C

A

E Amer

Bilochi

404

Jaipur

0.0080

407/1760

0.0220

Total

0.0300

BilpurBilla

548

0.0020

567/912

0.0120

550

0.0240

567

0.0880

565

0.1780

563

0.0600

555/963

0.0480

376/959

0.0180

0.0160

376/961

377/958

0.0480

0.0240

377/962

0.5180

Total

0,0400

637/697

Sunder ka bas

0.0400

Total

[No. L-14014/3/2000-G.P. (Part-H)]

I.S.N. PRASAD. Director (NG) lift

New Delhi, the 16th March. 2001

S.O. 611.—Whereas it appears to the Central Government that it is necessary in the public interest that for the transport of Liquid Petroleum Gas Through Kandla-Jamnagar-Loni Pipeline Project in Rajasthan Stale, a pipeline should be laid by the Gas Authority of India Limited;

And whereas, it appears to the Central Government that for the purpose of laying the said Pipeline, it is necessary to acquire the right of user in the land under which the said Pipeline is proposed to be laid, and which is described in the Schedule annexed to this notification;

Now, therefore, in exercise of the powers conferred by Sub-Section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act. 1962 (50 of 1962). the Central Government hereby declares its intention to acquire the right of user therein.

Any person, interested in the land described in the said Schedule may, within twenty one days from the date on which the copies of this notification, as published in the Gazette of India, are made available to the general public, object in writing to the acquisition of the right of user therein or laying of the pipeline under the land to the Competent Authority. Gas Authority of India Limited. D-143/B. Koshalya Marg. Basant Marg. Bani Park. Jaipur (Rajasthan).

SCHEDULE

Village

Survey No.

Tehsil

Distt.

Land to be acquired for R.O.U. (in Hectares)

E

D

B

C

A

0,0040

874/1950

Dhani Jogiyan

Viratnagar

Jaipur

0.0040

Total

[No. L-14014/3/2000-G.P (Part-II)]

I.S.TSI. PRASAD, Director (NG)1220 THE GAZETTE OF INDIA .MARCH 24.2001/CHAITRA 3.1923 [PART II—SEC. 3 (ii)]

New Delhi, the 16th March, 2001

S.0.612.—Whereas it appears to the Central Government that it is necessary in the public interest that for the transport of Liquid Petroleum Gas Through Kandla-Jamnagar-Loni Pipeline Project in Rajasthan State, a pipeline should be laid by the Gas Authority of India Limited;

And whereas, it appears to the Central Government that for the purpose of laying the said Pipeline, it is necessary to acquire the right of user in the land under which the said Pipeline is proposed to be laid, and which is described in the Schedule annexed to this notification;

-mi Now, therefore, in exercise of the powers conferred by Sub-section (1) of Section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;

Any person, interested in the land described in the said Schedule may, within twenty one days from the date on which the copies of this notification, as published in the Gazette of India, are made available to the general public, object in writing to the acquisition of the right of user therein or laying of the pipeline under the land to the Competent Authority, Gas Authority of India Limited, D-143/B, Koshalya Marg, Basant Marg, Bani Park, Jaipur (Rajasthan).

SCHEDULE

Distt

Tehsil

Affllage

Survey No.

Land to be acquired for R.O.U. (in Hectares) A

B

C

D

E Jaipur

0.0080

Lochu ka was

3651

Shahpura

0.0080

Total

0,0100

Nawalpura

652

0.0080

653

0.0080

654

655

0.0040

0.0080

356

0.0060

315

0.0440

Total

0,1080

492

Dewan

0.1080

Total

[No, L-14014/3/2000-G.P (Part-II)]

I.S.N. PRASAD. Director (NG) 771 GI/2001—"t75W T&E 1223

New Delhi, the 16th March 2001

S.O. 613 - Whereas it appears to the Central Government that it is necessary in the public interest that for the transport of Liquid Petroleum Gas Through Kandla-Jamnagar-Lom Pipeline Project in Rajatthan State, ,t pipeline should be laid by the Gas Authority of India Limited,

And whereas, it appears to the Central Government that for the purpose of laying the said Pipeline, it is necessan to acquire the right of user in the land under which the said Pipeline is proposed to be iaid, and which is desenbed in the Schedule annexed to this notification.

Now therefore, in evercisc of the powers conferred b\ Sub-section (1) of Si enow 1 of the Pelioltuiti and MiiirrpK Pipelines (Acquisition of Right of User in Land) Act. 1062 (50 of 1962), the Central Government hereto dedans us intention to acquire the right of user therein.

Am person, interesled in the land described in the said Schedule maj, wiihin h\2iu> o ic d a^ iront the date on which the copies of this notification as published in the Gazette of India aie mads duui&blc In the genera! publh. object in writing to the acquisition of the right of user therein or la\ing of the pipeline under the land to she Competent Authority, Gas Authority of India Limited D-143/B. Koshalva Marg Basan: Marg. Bam Park, Jaipur (Rjijastlwn'i

SCHEDULE

Surrey No

Vil'agc

Tchsil

Distt

Land to bo accjiniTu rorROU imH^iai:s)

L"

D

C

B

A

708

KliatWtjra

Dudu

Jaipur

0 01%

698

415/1259

0 015K

()("! £0

414

oinio

451

0 1205

Total

00079

%5

Gangati Kakm

1)110/9

Total1224 THE GAZETTE OF INDIA: MARCH 24,2001/CHAITRA 3,1923 [PART H~Sue. 3 (ii)] A

C

E

D

Manpura

B Dudu

18

Jaipur

0.0792

16

0.0158

55

0.0316

Total

0.1266

Mahcshpura

329

0.0237

77

0.0316

25

0.0633

0,1186

Total

20

Chak Mahcshpura

0.0238

22

0.0158

23

0.0712

10

0.4393

11

0.1505

6

0.0030

0.3327

5

0.2376

4

0.1584

1/3

3/2

0.2218

0.1)990

3/1/2

0.1080

3/3

0.3643

3/1/1

Total

2.2254

0.0079

1282

Rahlana

1854/4

0.1419

0.1498

Total

981

0.0792

Harsoli

0.0792

Total

0.(871

207

Guda Saipura

0.0040

201/455

0.1108

2017467

0.2019

Total

[No. L-140I4/3/20OO-G.P (Parl-Il)l

1. S. N. PRASAD. Director (NG) ¹ 'r? i

1225

New Delhi, the 16th March, 2001

S.O. 614.—Whereas it appears to the Central Government that it is necessary in the public interest that for the transport of Liquid Petroleum Gas through Kandla—Janinagar—Loni Pipeline Project in Rajasthan State, a pipeline should be laid by the Gas Authority of India Limited;

And whereas, it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the right of user in the land under which the said pipeline is proposed to be laid, and which is described in the Schedule annexed to this notification:

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Min- erals Pipelines (Acquisition of Right of User in Land) Act. 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;

Any person, interested in the land described in the said Schedule may. within twenty one days from the date on which the copies of this notification, as published in the Gazette of India, are made available to the general public, object in writing to the acquisition of the right of user therein or laying of the pipeline under the land to the Competent Authority, Gas Authority of India Limited, D-143/B, Koshalya Marg. Basant Marg, Bani Park, Jaipur (Rajasthan).

11. The notice to terminate the services of the workman was not given to hinressigning any reasons and compensation was also not paid to him under the provisions of Section 25-F of [he Industrial Dispute* Act. The maangement had not complied with the provisions of Section 25-F of the I.D. Act 1947. This Act of the management reveals that the sci- yices of the worlcmdn wcie teiminatecf by the management 'in conti avention Of tho- provisions of the Section 25-F of the I.D. Act 1047. Therefore, the workman deserves to he leinatated from the dute of his termination, with continuity of service.

12. The workman has deposed in his supplementary aJR- davit Ex, W1|A that he remained unemployed after his termination and he had no source cf income for conducting and attending his case at COIT? Chandigarh For prosecuting; his case he had to sold his auous house fiold artiUcs. The witness of the management have not controverted this fact in their affidavits. In his cross-examination the woikm.n Abdul lUazid has deposed thnt he is unemployd since Ar> il 19BH, He is dependant on the income of his father who is ;in agriculturist. He his admitted that he has been assisting his father in cultivation of the land. Under these cucumslan- ces he is" not entitled to get the full hackwages. In my opi- nion it will be sufficient to grant him 50 per cent of the back wages from the dale of his termination till the dale of passing of thin awftri.

13. The management has made averment in written state- ment that the workman had filed civil suit in the Court of the Sub Registrar Srinagar roHthiR to his disengagement. Copy of the injunct.on application Ex, M3 and the copy of the written statement (Ex. MJ) have been submitted bv the management which reveals that the Civil Suit was¹ filed by the workman in the Court of Sub Rcgisrar (Munsif), at Srinnpar. The management challenged the maintainability and jurisdiction of the Civil Conrt in ^ written statement Fx. M4. The workman in his supplement,try affidavit Ex Wl /A has deposed that no proceedings are pending in any Court of Civil jurisdiction regarding the termination of his •ervices. He has admitted that the Civil Suit was filed which had been dismissed by Civil Judge in default of his appear- ance in the Court. The Civil Court hns no concurrent jurisdiction to deckle the case of Laboui Dispute Theic- fore, the urincin'e of 'ie^udi>ala' docs not apply in this ense. The jurisdiction 'of the civil court is barred expressly by the provisions of thf Industrial Disputes Act 1947- There- fore, the claim of the workman is maintainable in this Tri- bunal.

- New Delhi, the 27th Febiumy, 2001

S.O. 633.—In puihUunce of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Gavernment hcicby publishes the Awaid of the Central Government Industrial Tribunal Kokata, as shown in the Anncxurc in the Industrial Dispute between the employers in relation to the management of HDFC Ban]; Ltd. and their workman, which was received by the Central Government on 26-2-2001.

fN~o. L-12011|22|2000-TR(B-I)| AJAY KUMAR, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT KOLJCATA

Reference No. 35 Of 200(1

PARTIES :

, \' ,'' ;,*;j Employers in iemtlon to the management of Head —

Retail Operntiocs, H.D.F.C. Bank Ltd.,

AND

rhcir woikmcn.

PRESENT;

Mr, Justice B. P, Sharma, Piesidinn Officer.

APPEARANCE:

On behalf of Management . Mr. P.G. Das, Advocate On behalf of Workmen ; None.

STATE : West Bengal. . INDUSTRY : Banking

AWARD

Ky Order No. L-12011]22|2000-lR (B-l) dated 29-8-2000 the Central Government in exercise of its powers under sec- tion 10(1)(d) and (2A) of the Industrial Disputes Act, 1947 ieferred the following dispute to this Tribunal for ao- judicition :

'•Whether the action ol the management of HD1-'C Bank In placing the services of Sri Sanjoy De Dhara, Smt. Sharniilu Baneijee, Smt, Sudeshna Mitra, Smt. Suparna. Bruttacharya, Sri Ardhcndu Biswas. Sii Sushanta Kr, Guha and Sri Chandan Suhu under some Agency after a few months of their engage- ment without notice Hnd terminting their services with effect from 1-ID-1999, 27-12-1999, 3O-1-200O, 5-9-1W, 15 11-1'/99, 1-10-1999 and 1-10-1999 res- pectively is just and fair? If not, to what relief these workmen (,re entitled.''

4 A "No "nispufe" Award is accordingly passed ^ind the lffciciUc is disposed of

B P SHARMA. Pu'sidinfi Officer Djtcd, Calcutta.

The 13th Febiuary, 2001

New Delhi, the 2Sth February, 2001 S.O. 634.—In pursuance o* Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government herebv publishes the Award of the CcnfiJ Government Industrial Tribunal|Labour Court, .Chandigarh as shown, in the Annexure in the Industrai Dispute between the employers in relation to the rrEnlargement of Northern Railway and their workman, which was reaived by the Central Go- v-rmrnt on 27-2-2001.

[No. T_-41012|120|95-IR(B-I)] AJAY KUMAR, Desk Officer

ANNFXURE

BFFORE SHRI B. L. J A t A V, PRESIDING OFFICER. CENTRAL GOVT, INDUSTRIAL TRIBUNAL-CUM-7 .ABOL'U COURT, CHANDIGARH.

Case No. I. D. 7C,\96

^ewa Ram S|o Rfm Nath, C[o B, R. Pnbhakar, 63-C, Kr'lash Nyyar, Model Town. Ambiila Ctij. '

. . Workman

Vs.

D. R. M , Northern Railway,

Ambala CantM 33001.

..Management.

APPEARANCES :

For the Workman ' None T^nr the Manaecmenl : N. K, Zakhmi

AWARD

(Passed on 8th February 2001) The Central Govt. v i je Gazette Notification No. L-410P'i20|Q5-TR.(B) dated oth Anpust, 1996 has refmed the following dispute to this Tribunal ( i odjiniMc iion.

"Whether th: rctiun of thr Management of Northern Railwiv. Ambn'j Cnrtf in tenni- natinf thi\ service of Sh Sewa Ram, Vx S^T KMosi is iust fair and legal ? If not, whnt relief, he is entitled to and from what date ?"

1263- 2. None has put up appearance on behalf of the workman did despite several notices. No claim state- ment has b..en hied. Case is pending since 1996. It' appears that workman is not interested to pursue with the present reference. In view of the above, the pie ent reference is letumed to the Appropriate Govt. for Vvant of pio ecutlon. Appropriate Govt. be informed.

Chandigarh,

8-2-2001

B. L* JATAV, Presiding Officer New Delhi, the 28th Februdiy, 2001 S.O. 635.—In pursuance of Section 17 of the LidustPdl Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the Award "i the CnUial Government Industrial Tribunal/ Labour Coart, Chandigarh as shown in the An- IKXUJC in tlu Industrial D^pu^e between the em- plov,is in relation to the management of Northern Railway iind their wor^nnn, which was received by In* Ceiitial Government on 27-2-2001.

[No. L-410]2|50!9l J R ( D U ) | ( B - I )]

A.TAY KUMAR, Desk Officer

ANNEXURE

BEFORE SHRI B. L. TATAV, PRESIDING OFFKPT?, CENTRAL GOVT., INDUSTRIAL TRIBirNAL-CUM-LABOUR COURT, CHANDIGARH.

Case No I. D. 165|91

P.ajindi-r Singh Son of

Shri Dhani R.'un V. Hcirnowali, Post Office Tianr.uri, Dktt Eta (U.P.)

. . . W o r k m an

Vs.

Senior Civil Engineer (Const.) Northern Railway, Near Railway Colony, Chandigarh

. .. Management APPEARANCES ;

For the workman : None,

For the management : N K. Zakhmi,1264 THE GAZETTE OF INDIA i MARCH 24, 2001 /CHAITRA 3, 1923 [PART n^-SEarttfj)]- AWARD

Passed on 29th Jauary, 2001

The Central Govt. vide Gazette Notification No. L-42012]50|91-IR(DUi) dated 29th of October, 1991 Ms referred the following- dispute to this Tribunal for adjudication :

"Whether the action of the Senior Civil En- gineer, Northern Railway, Nangai Dam at Chandigarh in terminating the services of Shri Rajinder Singh son of Shri Dhani Ram, w.e.f. 29-3-1*987 is legal and justi- fied ? If not, to what relief the concerned workman is entitled to and from* what date ?"

2. Today the case was fixed for appearance of the workman. None has put up appearances on behalf of the workman despite several notices. Tt appears that workman is not interested to pursue with pre- sent reference. In view of the above, the present reference is returned to the Ministry for want of prosecution. Appropriate Govt. be informed.

Chandigarh,

29-1-2001.

B. L. JATAV, Presiding Officer New Delhi, the 28th February, 2001 S.O. 636.—In pursuant ot Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government Industrial Tribunal|Lab- our Court, Chandigarh as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of State Bank of India and their workman, which was received by the Central Government pn 27-2-2001.

[No. L-12012|222|95-IR(B-I)] AJAY KUMAR, Desk Officer

ANNEXURE

BEFORE SHRI B. L. JATAV, PRESIDING OFFICER, CENTRAL GOVT., INDUSTRIAL TRTBUNAL-CUM-LABOUR COURT, CHANDTGARH.

Case No. I.D. 91|97

Smt. Krishna Devi C|o General Secretary, State Bank of India Staff Congress, Chandigarh,

...Workman

. Vs.

Assistant Genera] Manager, State Bank of India, Region. TI, Shimla. . .. Management APPEARANCES :

For the workman : None,

For the management : Shri D. P. Garg.

AWARD

(Passed on 7th February, 2001)

The Central Govt. vide Gazette Notification No. L-12012|222|95-IR.(B) dated 21st January, 1998 has referred the following dispute to this Tribunal for adjudication :

"Whether- Ihe action of the Management of State Bank of India, Region-IT, Zonal office Shimla in terminating the service of Mrsj Krishna Devi a part time sweeper in Patwanoo Branch of the Bank w.e.f. 31-1-87 is justified and legal. If not to what relief the workman is entitled to and from which date ?"

2. Today the case was fixed for filling of claim statement on behalf of the workman. Despite seve- ral notices none has put up appearance on behalf of the workman. Nor any claim statement has been filed. It appears that workman is not interested to pursue with the present reference. In view of the above, since, no daim statement has been tiled, and none has put up appearance- on behalf of the work- roan, the present reference is returned to the Minis- try for want of prosecution. Appropriate Govt. be informed. Chandigarh, 7-2-2001.

B. L. JATAV, Presiding Officer New Delhi, the 28th February, 2001 S.O. 637.—Tn pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of, 1947), the Central Government hereby publishes the Award, of the Central Government In- dustrial Tribunal/Labour Court, Chandigarh, a" shown in the Annexure in the JndustriaJ DispHte between Ihe emp- loyers its Wlation, to the management of Bank of Rajasthan (Ltd. and -their workman, which was received by the Central (Government on 27-2-2001.

TNo. L-12011|01|89 IR(B-I)]

AJAY KUMAR, Desk Officer

ANNEXURE

BEFORE SHRI B.L. JATAV, PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM-LABOUR COURT, CHANDIGARH Case No. I,D. 55|89

Yo" Raj C|o Tek Chand Sharma, 25, Sant Nagar, Civil Lines, Ludhiana.

.. Workman.

Vs.

Regional Manager, The Bank of Rajasthan Ltd. Regional Office, 2213, Gurdwara Road, 2nd Floor, Karol BaRh, New Delhi.

. . Management.

APPEARANCES :

For the workman T. C. Sharma.

For the management : V. K. Gupta,

AWARD

Passed on 18th January 2001

The Central Government vide Gazettee Notlficatlan No. L-12011|l|89-iR(Bank-l) dated 6th April 1989, has referred the followine dispute to this Tribunal for adjudication:

1265 6. The workman Yog Raj (WWl) has submitted his affi- davit in support of his claim as stated, in the claim state- ment. He has deposed that his services were terminated illegally by the management on 26-3-1986 without giving him any notice, notice payments charge sheet. Departmental enquiry was also not held, before his termination. After his termination, large number of persons were employed by the management and junior persons were retained in service at the time of termination of his services. The management has submitted affidavit of Deputy Manager Ranbir Singh Yadav MW1 alongwith office copy of the appointment letters given to the workman, which have been marked as annexure 'A' to 'E'. He has deposed in his affidavit that the workman was appointed as temporary peon-cum-frash for specified pciiod as a temporary stop gap arrangement. In support of his statement the office copy of the appointment letter has been annexed with affidavit. The appointment offered by the management were accepted by the workman. No docu- mentary evidence has been adduced by the workman.

7. In his cross-examination the workman has admitted that the employment was given to him on account of leave vacancy. He was -mployed at last from 10-3-19-86 ti> 25-3-1986 the leave vacancy of Laxmi Narain who was working as daftri-cum-peon. Thus the workman has admit- ted the fact that he was employed tatermittantly for specific period. The period of his employment has been shown in his F.ppointment letters which have been marked as annexure 'A' to 'E'. Therefore, his termination from service does not fall within the scope of the definition of "retrenchment". Consequently the provisions of Section 25-F, G&H do nut apply in this case. Under these circumstances it can not be held that the termination of the services of the workman was unjustified. Therefore, the action taken by the manage- ment is justified. The workman is no! entitled to get relief under the provisions ot I.D. Act 1947.

8. On the basis of the discussion* made In 'proceeding paragraph, the reference is answered that the action of the management of Bank of Rajasthan Ltd. in terminating the services of Shri YOR Raj w.e.f. 26-3-1986 h justified. The workman is not entitled to get any relief. The parties shall befir their own cost. Appropriate Government be informed. Chnndigarh.

1R-1-2001.

"Whether the action of the management of Bank of Rajasthan Ltd. in terminating the services of Shri Yog Raj w.e.f. 26-3-1986 is justified? If not, to what relief the workman is entitled?"

2. As per statement ')f claim, the case of the workman in brief is that he worked as a peon from 24-3-1984 to. 9-4-1984 (1? days), from 7-5-85 to 28-5-85 (22 days), from 13-11-85 to 30-11-1985 (18 days), from 1-12-85 to 7-12-85 (7 days), and from 10-3-1986 t0 31-3-1986 (16 days). Thus bo hnd woiked for 80 .days in the subordinate staff scale. His ap- ]i>qiBtjnent was of permanent nature. He was illegallv dis- engaged from service._ His services were terminated on 26-3-1986 without giving any notice, notice pay, charge (flieet and without holding enquiry.

I 3. After illegal termination of his services, large number pf persona were employed by the management but the work- man - was not reinstated. The opportunity of re-employment wns also not given to him. Junior persons were retained in service by the management at the time of his illegal termi- nation from service. Thus the management has violated the Jtrovisipns of Section 25-F. H*G of U>. Act 1947. The ter- Mnatlon of the services of the workman be setnsMe and the workman should be reinstated in service with full back- pages and continuity of service.

4. The case of the management in brief Is thpt the worlr- ttiaTi was employed fnlennittaritlv for specific period in the iravi* vacancy. Hft wus nnnointed temporarily for the fixed wriod. Therefore, his services were terminated flufomaticaiiv Notice for his termination was not necessarv. Departmental enquiry was not required in his case. The contract of service cpme to on end automatically. Under these circumstances, nb provision¹! of Industrial Disputes Act 1947 hrm been violated. The, claim of the workman be dismissed with cost. 5. In this case, it is an admitted fact that the workmnn hpd worked only for 80 days. The dote? of his service period riven +n oaraeratih 1 of claim statement have also been Bftmi'tr'd bv thr- manr\ee

B. L. JATAV, Presiding Officer New Delhi, the 28th.February, 2001 S.O. 638.—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 Industrial Tribunal/Labour Court, Chandigarh as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of State Bank of India and their workman, which was received by the Central Govern- ment on 27-02-2001,

[No. L-12011/36/95-IR(B-I)] AIAY KUMAR, Desk Officer1766 THE GAZETTE OF INDIA : MARCH 24, 2001/CHAITRA 3, 1923 [PART ft-* S E C;_³^ ANNEXUR1-

BEFORE SHRT B. L. JATAV, PRLSIDIN'J OFI'ICTR, CHNTR^L OOVI RNMLNT, INDUSTRIAL TR1BJNM-- CUM-LABOUR COURT, CHANDIGARH d ie No. I.D, 79/%

* Hem Singh Rana, C/o Regional Sccretaiy, S.B.T. StafI Association through J. B Gnrg, Rohtak.

.. . Workman

Versus

Deputy General Manager, Slate Bank of India, Zonal Office, Haiyana, Sector-8C, Chandigarh.

. Management APPt ARANCFS :

For the Workman: None. For the Management: None,

AWARD

(Passed on 8th Februaiy, 200H

The Cflntial Government, v'de Gazette Notification No. L-12011/36/glMR(B. T) dated 13th August, 1096 has ruencJ the following dispute to llvi Tribunal Li adj'id'ration .

"Whether tile action oi the. Mu')Lv;ement of SB1 ropic¹- sented through Deputy G j i v al Manager, SBI, Zonal Office, Hdryana. Sector 8C, Chandigarh in not considering tl;e pnplir alion of Sh II:m Singh Ravu ex-tempoiuiy mew^iger for rs-guljr appointment ns messeng^i on the ba-tis of liis application dated 9-8-88 is Wai ard )v t > [f not U> wkil idief the woikman is entitled 7"

ANNEXURE

BLFORF &EIRI B. L. JATAV, PRESIDING O ' / y ™' U N ' I R AL GOVERNMENT, INDUSTRIAL TRU CUM-LABOUR COURT, CHANDIGARH Case No I.D. 59/96

l Karam Singh, C/o Asstt. Gencial Secretary, State Bank of Jndia, Staff Congress, Near Panchi Tent House, Prem Nagar, Jail Road, Rohtak

.. .Workman' j Versus Asstt. General Manager, (Region-Ill,), State Bank of India, Zonal Office, Sector-8C. Chandigaih.

. ..Management APPFARANCES :

For the woikman : None.

F01 the management: Shri Aiay Kohli.

v AWARD

Dated 24th January, 2001

The Cential Government vide Gazette Notification No. T 120l2|27|95-!R(B-t) daW 22nd July 1996 has referred the following dispute to this Tdbunal for adjudication :

"Whether the action of the munafierrKnt of State Bank of India in not promoting to Shri Karam Singh workman and a Schedule Caste candidate fiom the post of messenger to the post of cleik is just, fan and legal ? If not to what relief he is entitled ?" ANNEXURE

BEFORE SHRI B. L. TATAV, PRESIDING OFFICER, I CENTRAL GOVERNMENT, INDUSTRIAL TRIUUNAL- tUM-LABOUR CX)URT. CHANDIGARH Case No. JD- 88/96

Chattar Singh Malik, S/o Dharam Singh Malik, VPO Buajna, Disf. Panipat.

. .. .Worknun

Versus

General Managere, ' Slate Bank of Patiala, The Mall, Patiala,

. . . .Management APPEARANCES :

J-or the Workman: None.

For the Management: N. K. Zakhmi.

AWARD

(Passed on 8th February, 2001)

The Central Government vide Gazette Notification No. t-120t2/ll7/95-I,R.(B) dated 24th September, 19% ha* deferred the following dispute to this Tribunal £or adjudication : ¹ "Whether the action of the management of State Bank of Patiala In terminating the services of Shri Chattnr Singh is legal and justified ? II not, to what relief is the Workman entitled 7"

2. None has put up appearance on behalf of the workman despite several notices. No claim statement ha-; been filed. Case is pending since 1996. It appears that workman is rot interested to pursue with the present reference. In view of tjhe above, present reference is retunred to the Appropriate Government for want of prosecution,

^rprorr'?'e CiovcrnmEnt be informed.

B. L. JATAV, Presiding Offer Chandigarh, 3-2-200 i,

New Delhi, the 1st March, 2001

S.O. C41 In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government bejreby publishes the award of the Cential Government Industrial Tribunal, Nagpur as shown in the Annexuie in the Industrial Dispute between the employers in r';Mnju h\ tl\k management of State Bank of India un;l then woittoftt, which was received by the Central QowomeiU oft 28-02-2001,

[No. L-12O12/25/:oO0-ir.!B-D]

AJAY KUMAR, Desk Officer

P.67 _ ^^ ~~ ANNEXURE

~H" CFNTRAL GOVERNMENT INDUSTRIAL B E F O RE • .. H " T S S K N AU N A G P OR

PRESLNT: VttMm Office,

Shi, B. G. Snxena, "QU 1^/2000

Reference No. L. ^ M.uiagcmeut ol 1'mpjoyers iu relation to i..

State Bank Of India

AND

Shri Rajcih Shivraj Roddy

AWARD

The Cential Government, Ministry of Lcbour, Now Delhi, by exercising the powers confsired by dnuse (d) ot sub section (U and \ub section ?,(A) of section 10 of the Industrial Dispute Act, J947 has referred this dispute for adjudication v.de Order No. L-12O12/25/20OO-lR(B-i> dmed 27-06-2000 on the following schedule.

SCHEDULE

''Whether the action of the Management namely Bian^h Manager, Slate Bank of India, .fatpura Gate, Rnmnagar Branch, Chandrapur, tciraiiiating Shri Rajesh Shivraj Redtly, Ex Peon is legal, proper and justified ? If not, to whit relief, the vviokman is entitled and from which date ?"

This reference was received on 14-08-2000 and notice were isiiiod to parties for 06-10-2000, The workman did not appear on this date, rhe counsel Shrf A. R. Mehra had submitted Vakulntnama for the wcirkrnan, but Ml not. kibmit any State- ment of Claim. The case ua-, adjourn to (7-11-2000. On this date ako the counsel for workman did not submit way Statement of Claim. The counsel for the management Shii SN. Kumar is present, he tepresetrtod that on 14-11-2000 the application \vas moved lor granting tune to file Statrmeni of Claim, hut •neither en 17-11-2000 nor

A' no St^t.merit of Claim Tins been fil^d bv the woikman tlir pcoceodings can not contmur further The reference should therefore be disposed off for wrmt of prosecution,

ORDER

The workman did not submit any Statem:n1. of Claim cither himself or through hit union. Thn counsel for the workman Shri A. R. Mehra also did not fubrait Statement of Claim.

The reference is theiefore di/qsoj^d off the wont of prosecution.

' B. C. SAXENA, Presidifip Officer Date: 25-01-2001 'H8 THE GAlfil-m OF INDlA : MARCH U, 2601/CHAITRA 3, 1923 p>ART I I ^ S EC 3(ii)] New Delhi, the 1st March, 2001

S.O. 642.—In pursuance or Section 17 of the Industrial Dispute Act. 1947 (14 of 1947), the Central Government hereby publishes the" award of the Industrial Tribunal, Cbcnnai as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of Southern Railway and their workman, which was received by the Central Government on 28-02-2001.

[No. L-41012/44/96-IR(B-I)j AJAY KUMAR, Desk Officer

ANNEXURE

BEFORE THE INDUSTRIAL TRIBUNAL, TAMIL NADU. CHENNAI

Monday, 20th day of November, 2000 PRESENT:

: _ - ~ l' -7 Thiru S. R. Singharavelu, B.Sc.,B.L.,

Industrial Tribunal.

Industrial Dispute No. 125 of 1997

(In the matter of the dispute for adjudication under Section 10

BETWEEN

Shri M. Kandan, T. M. No. 2078, Mechanical Diesel Shed, No. 866A, Railway Diesel Colony, Ponmalai, Trichirappalli-620004.

AND

1. The Senior Divisional Mechanical Engineer,

Southern Railway, TrichirappaIli-620001.

2. The Divisional Railway Managei,

Southern Railway, Trichy Division, Trichy-620001.

REFERENCE:

Order No. L-41012/44/96-IR(B-l) dated 10-12-1997, Ministry of Labour, Government of India, New Delhi.

This dispute coming on for final hearing on Thrusday, the 9th day of November, 2000, upon perusing the reference. Claim and Counter statements and all other material papers on record and upon hearing the arguments of Tvl. Row & Reddy, R. Vaigal, K. N. Ramesh, S. Valdyanathan and S. Sathish Kumar, advocates appearing for the Workman and of Thiru G. Kalyanasundaram, advocate appearing for Management Nos. 1 & 2 and this dispute having stood over till this day for .consideration, this Tribunal made the following:

AWARD

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

of Sri M. Kandan, is justified 7 If not, to what relief the workman is entitled '.'"

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

The petitioner is an ex-serviceman. He joined the respondent us Khalasi on 9-9-1981 in the Office of the Loco Foreman, Steam Loco, Trichy and in 1983 us Khalasi in Diesel Shed Ponmalai, Trichy. The petitioner was caargc sheeted on 7-4-93 on the ground that he, while on duty on 23U-93 around 7.30 a.m. quarelied apd manhandled one Annadurai, Diesel Khalasi near the blacksmith room in the Diesel shed. His action was said to be violatjye of Rule 3(1), (II) and (.111) oi the Railway Servants Conduct Rules li*66. The petitioner states that ho was on casual leave on 22-1-93. He went to the workspot for availing another days leave on 23-1-93. On that day Annadurai assaulted. The respondent not satisfied with the explanation conducted a force of an enquiry and teiminated the service of the petitioner on 11-2^94. The petitioner's appeal was rejected on 24-11-94. The Order of, removal was not passed by the appointing authority. There is no proof about disturbance of normal working in the shed due to tiie alleged misconduct. The petitioner was nol given reasonable opporruwty Jn the Departmental Enquiry to defend his case. The enquiry officer examined S. Annadurai behind the back of the petitioner and hence the same ought not be taken into account while, finalising the findings. Enquiry officer is not competent to conduct the enquiry as the Enquiry officer and the petitioner are of the same rank i.e. Group III employees. One Perumal has deposed that he was not aware- of any incident that took place on the said premises on 23-1-93. A criminal case was re>- gistered against the petitioner and Annadurai. Annadurni hnd admitted that he assaulted the petitioner and paid the fine amount. The petitioner was acquitted by Order dated 12-7-95 in STC No. 110193 by the Judicial Magistrate-lV. Tiichy. It is really strange'that the department instead of taking action against the person who involved in the inci- dent has initiated the action against the petitioner. The petitioner prays to pass an Award holding that the termi- nation of the petitioner w.e.f. 10-2-94 as modified by tho Reviewing Authority by his Order dated 29-9-97 as one of Compulsory retirement fs not legal.

n& 23-1-93 at 7.30 a.m. at Diesel Shed/Golden RocS" anS~fi&~ police case is involved. Butt We petitioner Was acquitted to the incident that toot place on 25-1-93 at 12.00 hrs at Four Road, Scnthaneefpuram, TirUchirnppalli 'and a*¹ Cri- minal case was registered by the Police authorities based on a complaint preferred by the complainant, a private party and not by any departmental official.'The respondent prays to dismiss the petition.

4 On behalf of petitioner, Ex. Wl to W.I8 were marked by consent. On behalf of respondent, Ex. Ml to M 21 were marked by-

5. The Point for consideration is : Whether the action of the Management of Senior, Pivisionul Mechanical Engineer Golden Rock, Southern Railway, Tnchy in terminating the service* of Shii M. Kandan is testified? If not to what relief the workman is entitled?

High Court. Henco ttho present appeal by the Management.

. . , The Learned Single Judge, rightly decline to in- terfere with this discretion, on the part of the Labour Court. It cannot be stated that the Labour Court did not exercise the discretion judicially. The view aken by the Labour Court was that the punishment imposed by the appellant was dispropor- tionate to the degree of guilt of the employee. The Labour Court has given leasons for his decision. Such being the position, the High Court will not Interfere in writ appeal and accordingly this w it appeal is dismissed"

13. Similarly it was held in 1987 1 LLN 405. as follows:

"The denial of backwages to the employee to the extent observed by the Labour Court are appropriate to meet the ends of justice. But to depiivc them of the employment itself would be too tarsh a result especially in these hard days of widespread un- employment and in this regard their unblemished past record of service of long duration speaks in favour of taking a lenient view of the matter. The ultimate decision of the Labour Court cannot be characterised as perverse. The writ petitions both of the Management and Workman arc dismissed." Thai was also a case where the following Charge was made:

"Again on 27 Apiil 1973, at about 1 p.m. just outside the factory gale, you abuesd Sri N.P. Balan, drivei, and slapped him on his face and threatened to stab him."

14. By applying the above ratio decidendum, we can also show sympathy towards the petitioner. But the fact of the rase do not allow us to do so because the petitioner-workman had already atained the period of superannuation in the year 1997 itself. On this score, he could not be reinstated. Con- sidering this circumstance and also the fact that the impo- sition of Penalty of termination was reduced on levision into the Compulsory retirement is qute reasonable and this case deseryes no interference under Sec. 11 due to the fact that the petitioner had already attained the age of superannuation a; eaily as in 1997, so no relief coald be provided. Award passed accordingly. No costs.

Dated at Chennai, the 20th day of November, 2000 S R. STNOHARAVELU, Industrial Tribunal.

I. D. No. 125197

Witnesses Examined

For PetitioncilWoikman : None,

For RespondenttManagement : None.

Documents marked

retitioneiiWorkman

Ex. Wl 16-12-88 Letter of the petitioner to the Respon- dent.

Ex, W2 . . Extract from Leave- milntenance book- Ex. W3 .. Working Job Maintenance Renter.

Ex. W4 Jan'93 Muster Roll.

Ex. W5 23-1-93 Receipt issued by Senthcneerpuram Pplice Station.

Ex. W6 25-1-93 O P. Sheet ksued by Rly. Hospital Ponmalai.

F \. W7 —1998 Wound Ceitllkate.

Ex. W8 25-1-93 S F.C. 111|93. '

Ex. W9 14-2-95 Evidence of Annathurai in CO 262f93.

Ex. W10 29-U93 Suspension cider revoked.

E\. W ll 7-2-94 Penalty ndvice.

Ex. W12 12-7-95 Ojder in STC ilO|93.

Ex. W13 16-2-y6 conciliation failure report.

Ex. W14 29-7-97 Ordere in OA 75J95 CAT Madias Bench.

Ex. W15 12-8-97 Letter Of the petitioner to respondent , Ex. W16 .. Evidyjde of the petitioner is STC 11O[93.

Ex. W17 .. Pamphlet issued by S. Rly. Mazdoor Union.

Ex. W18 .. Extract from Charge Sheet issued to Shan- thaknshnan.

For Respondent|Management

Ex, Ml 28-1-93 Suspension Older.

Ex. M2 29-1-93 Revocation of Suspension order.

Ev M3 7-4-93 Charge Sheet.

Ex. M4 29-6-93 Intimation of proposed Inquiry pro- ceedings.

Ex. M5 . . Deposition of delinquent employee.

Ex. M6 .. Deposition of Sii Annadurai.

fc'x, M7 .. Deposition of Sri L. Selvam.

7x. M8 .. Deposition of Sri N. Sathyamooi thy.

Ex M9 . . Deposition of Sri M. Anandan.

Ex. M10 .. Deposition of Sri A. Perumal.

Ex M il .. Deposition of Sri R. Ravichandran.

Ex. M12 17-8-93 Enquiry officer's report and findings.

Ex. M 13 ., Enquiry officer's repeoit and findings ack- nowledged by the employee.

Ex. M14 7-2-94 Penalty Advice.

E'x. Ml 5 18-2-94 Penalty advice acknowledged by the employee.

Ex. M16 20-2-94 Delinquent omployee'e appeal petition.

Ex. Ml7 5-8-94 Personal hearing Advice.

Ex. M18 24-11-94 Disposal and appeal by the Appel- late Authority.

Ex M19 13-8-97 Revision petition submitted by the delinquent employee.

Fx. M20 ,, Revlsional authorities Ordejs on Revision petition,

Ex. M21 8-1CK97 Divisional office letters.

New pclhi, the 1st March, 2001

S.O 643.—ID pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Industnul Tiibunal/Labour Court, Visakhapatnam as shown in the Annevnre in the Industrial Dispute between the employers in relation to the \2i\ management of S. E. Railway and their workman, which was leceived by the Cent, al Gqvemmont on 28-2-2001.

[No. L-41014/01/2001-IR(B-I)]

AJAY KUMAR, Desk Officer

ANNEXURE

IN THE COURT OF INDUSTRIAL TR1BUNAL-CUM- I.ABOUR COURT, VISAKHAPATNAM PRESENT:

Sri K. Vcerapu Naidu, B.Sc, B.L.,

Chairman & Presiding Officer.

Dated : 27th day of December, 2000 I.T.I.D. (C) No. 9/99 Petition filed under Section 2A(2) of the I.D. Act

BETWEEN

K, Venkateswarlu, Releaving Clerk, Kirandol S, E. Railway, Visakhapatnam, C/o K. S. Subhadra, D. No. 7/128, Santhoshinagar, Simhachaiam, Visakhapataam.

(4) The management filed its counter stating that the peti- tioner was dismissed from service on 4-4-85 i.e. 14 years auo and hence the petition is barred by limitation m the A.P. Amendment Act 1987 and it does not apply to the Central Government Establishments. The complaint alleged against him is correct and the applicant was chaige sheeted for misappropriation to a tune of Rs. 5339 and the discipli- nary proceedings were conducted under the Railway Service Conduct Rules 1966. The appeal prefeircd by him to the General Manager, S. E. Railway was ;tlso disposed on in Fehiuarv, U'88. Thete is no irregularity nor any illegality in the enquiry held in this case and the punishment is not disproportionate and absolutely no grounds to interfere with the said findings. Hence the petition is liable to be dismissed.

(?) Before this Tribunal, the workman examined WW1 and 2 and got marked Exs. Wl to W8. On behalf of the manage- ment, one P. S. R, Anjanoyulu, Asst. Commercial Manager, Viaskhapatnam is examined as MW1 and got marked Exs. Ml and M2.

(6) Heard both sides.

(7) The point that arises for consideration in this case is:

Whether the petitioner is entitled for reinstatement with back wages afld continuity of service as prayed for 7

. . .. Workman

AND

1. General Manager, S. E. Railway, Gardon Reach, Calcutta.

2. Divisional Commercial Supdt,,

S. F. Railway, Dondaparthy, Visakhapatnam.

3. Divisional Railway Manager,

(T)/Waltair, Visakhapatnam.

. . .. Management

This dispute coming on for final hearing before me in the presence of Sri A. Jagajeeswara Rao, advocate for workman and Sri S. Raglnvir, advocate for muru'nement, upon hear- ing the argumtuts r.f both sides ajid on perusing the entire rnaViial on lecord, Ihe court passed the foil-wing:

AWARD

(1) This is an application filed under Section 2A(2) of the Industrial Disputes Act, 1947 for reinstatement with back- wages and continuity of service and other attendant benefits.

(8) The case of the petitioner is thai a false charge is levelled against him. It is alleged against the petitioner that •vvhile he was working as releavio^ clerk ut Kirundol, he misappropriated a sum of Rs. 5339 during the period from 1982 to 17-2-85, A regular enquiry was ordeied as per the provisions of Railway Services (Disciplinary and Appeal) Rules, 19fiS and the Gazette copy of the rules marked as Ex. Ml and the principles of natural justice was also followed ,ind an ample opportunity was given to the petitioner to establish his innocence and an enquiry officer Was appointed ?nd in (he enquiry the charges held to be proved and the enquiry report was communicated to the petitioner workman Basing on the enquiry repoit only, the punishment of dis- missal was ordered under Ex. Wl dated 4-4-85. The work- man preferred appeal and the same was, also dismissed under I \. W2 dftrd 30-7-85 and he preferred rcv'sion and the same was also dismissed vide Ex. W3 dnted 13-2-88 and he filed a review application before the General Manager S. E. Railways, Calcutta which is marked as Ex. W4 dated 5-1-93 and later the workman made representations under Exs. W5 to' W7. Therefore, the removal .of the applicant under Fx. Wl order is in accordance with the procedure and the principles of natural justice.

(9) The learned counsel appearing for the workman alleges that the enquiry is purfunctory and the punishment of removal is illegal and disproportionate. But he is not specific as to what h the irregularity and illeaalitv committed by the enauirv officer or by Iho management while Imposing the punishment on the netitioner. The workman admitted that an enquiry was held and the domestic enquiry report wds not filed before this court. The workmai is examined ai WW1. His evidence is thit he was not s?iven anv opportunity to establish hi.) innocence. The inspector, who allegedly detected the fraud, was not examined and the petitioner was rot shown even the station records nor any show cause notices were given. Except issuing the charge sheet, no. piqirirv "'as held ni oer rules and regulations. Hence he filed this application for reinstatement as the order of removal in*}" Ex Wl is not valid am? is liable to be set a'ide.

f10> The workman¹ deposed these fiefs, however, he ad- mitted that Ih- removal order Ex. Wl seived on him. His case is that he preferred appeal and it was dismissed and Ex. W2 is the said order. Subsequently he preferred a revi- sion and it was also dismissed and Ex, W3 is the order in revision and ultimately ho made several representation's under Exs W4 to W7 for leinstaU nent but no relief was given by the management.

trjjit ftponkjiWt'rqittrcDBlVi: fo'Jtwiiljer filed by- tije lWork- ripffli npr by tn^^atfaagemint. HJ, (Be absence .of(the jepprt we in"Oii'iy• lefj wjt^ tflc.p/arfeJtlniony of WWl. vis-a-vis aii|d-Ex,:,'Wi. m> ' r ^ t o O a t n t^ did not, choose to file anV shotlf fflusfe fTM?tltt fitqir before prderipc to issue charge •'sfiMt t i% t t tr tnt'cKarrftis fltc faeld.to be proved and before irnpOfdtig thfc luElShbwtrroi removal under Ex, WI. Ther"- 'fpre; 'there Aivfo ate ,tjttc intofrjiatiori therefore we we not) hflVms thfc, domestic eflquity "report, ti'or any paper relating to the'-fflJmeitJc enquiry nrocefdinjs, so as to access whe- 'ther trie isnquta wjj's held in ,fr'cc"<>rdan.cc with the principles bj rrat|jrai, justice # . n o t. It is fpr Jtia management to file the liijd, etiqiiiify fep

W7 the .representations dated 5-1-93, 26-1-96, 20-1-97 and 1-1-98 to shPw that "he wa$ making some representations .periodically to the General Manager. However, there is no material on record -U> ^how that these representations wero siibiirtted by the workman. The workman also stated that he fell sick from 1987 tQ.199_5. To prove his fitness he filed Ex. W8 medical certificate dated 1-5-2000 issued by one Di. C. Radhakanth a registered medical practitioner, Visa- khapatnam. The certificate -is only to prove that he was fit to serve but there is no medical evidence to show that about his sickness during the period from 1988 to 1997 so as to condone the delay in approaching this Tribunal. Of couise, the delay is .not a ground to reject the grievances of the petitioner-workman, rbut ,thqrq i.s no other material for the workman to show that the.onauiry held in this case is not im accordance with the procedure and in violation of the prin- ciples of natural justice. If really there was any such ille- gality or irregularity or nQH-observance of the principles of natural justice, the workman would have not kept quite for all these years. Though he filed Ex. W4 to W7 to show that he made representations to the General Manager, there is no material on record to support as- to- the submission of such representations. There is no endorsement npr there arc any acknowledgements from the concerned authorities about the submission of these representations EJCS. W4 to W7 by the workman. In the absence of any such material, it is very easy for the workman to fabricate these Exs. W4 to W7. It is not the case of the workman that these represen- tations are sent by R.P.A.D. or otherwise, but orally he stated that he made representations that he wa.s, regularly correfc- ponding with the management as shown in Exs. W4 to W7. Further, he preferred the appeal and revision ,and they were dismissed as could be seen from Exs. W2 and W3.. The order made In the revision was in the year 1988 and subse- quently he kept quite for about 10 .years end odd. If really the petitioner was aggrieved, he would have resorted to approach this Tribunal, for the redressal of-his grievance. His failure to do so drawn an adverse inference against the case of the workman.

Therefore, the case of the workman cannot, be accepted as true.- L ' .On the other hand, the enquiry,.hekj in this case is held valid and it was proper and because of the affirm of time, the management could not file the record as It was clettrOyed. Therefore, under the circumstance, T see no merits In this appllcatoin.

f 141 In the reujjlt. the-petition is dismissed and nil award h passed. No order as to costs In the circumstances of tho cose.

IJlctated to steno transcribed by her given under my hand nnct seal of the court this the 27th day of December, 2000.

K. VEERAPU NATDU, Presiding Officer

APPENDIX OF EVIDENCE IN ITI'D ro 9/90

Witnesses Examined :

For Workman : For Management :

WWl : K. Venkateswarlu MWl : P.S.R. Anjayulu

WW2 : Dr. Radhakanth

DOCUMENTS MARKED

For Workman :

. . . - . .,

Ex. WI : 4-4-85 : Removal order.

Ex. W2 : 3-7-85 : Orders on the appeal.

0 2) Coining to the alleged charges of misappropriation ol an amount of Rs. 5339 the Asst, Commercial Manager deposM.a? MWl- He simply stated that the petitioner com- mitted fTOU{|,of Rs.. 5339 during the period from 1-9-82 to J7-2-$5,. w d^epvsed. that B" a booking clerk, the petitioner was entrusted. Jttf .tickets, and he has to snow, the tickets sold to this, passengers, and remitting the gash balance. He "hflfl, shown some 'tickets, not issued, though he sold awav ' theft, and misappropriated those amounts. The Accounts Jn$ptctor, inspected the Records during the periodical inspec- tion, a<# submitted a report and those tickets whiph were not WWd< and expected to fee sent U> Head Quarter at Calcutta. That Accoupff Inspector .was not examined before this Tri- ;pUnal rior ,the' records pertaining to his inspection and his '' report were not, forthcoming. It, is the further evidence of, MWl, that, though ih records) h6. mentioned, he jent those l i ^ t s . J n . f a cf lje.dld. not send those tickets and in {he offtqe ol>pv t)c mentioned about sending tHose Hcketp. But, in the CQ,p(cs,.s.ent tp the Head. Dfflcfc and in the statement, he did nrk Mention,, abput sending of. those tickets. Therefore by ^Ojitfi; checking, Jh;i" mJsQhief was noticed. JExcept the tritjnwny p| thijj ^evidence there is, no other irtatefial pn ilcptd', iai substatjjjatflj his .evidence. No ' records .are iiled tm We .domestfc enfluiry report was submitted,, to establish tne iitjllt against the woftetait. It is also the' further evi- dence of MWl that the Railways ajsp framed^ rules,, and rq?u- lattops, wltWregaffl W the o*is£%lne °i its, fmpipyees under Railway Servants'DfseMine Riileir J96S[ i.e under Ex. Ml and the.procedure and the" re'^ulptiojj..afe.followed,,in con- ducting the enquiry a'feafnsf the tjeWioner ^nd tho principles of natural justice was fottowtd and the petitioner, wa".(al*o given spffieient anfl" fidetiuate y^^o'ftuni^y., In the. cross-exa- rqmgtiop ,he admitted that tjje fadts stated by hipi, in the 9W9J ne^a,minatton .Is. only with reference to Ih^records, and que, tp nassape o* tirrte." the jSleVant records wijh re^JH-dinc tftomfsEfons: of hiitt ar( no lbnte'r' avaiTobie. jjjit euer, hojdinfl fijauirv pnlv J"* wns'rtmdvid. Jfe alsp ndmittjsd, .that be $lid nof sefe the enquiry re'tRJrt. Rfp aisp stated, tna$. there ift no pr6visJon,for sh6w ciiUse niitTce Thus, this %evidence, of A4W¹ c'enrly goes, to show tlW he hns no qprsoriaj-i knov'edifr- rttipu,t t^e,, e,ntiulrv and other jhint";, _ "py^ concerned ofllclilii are not .ewm'nfcd nor tne record's prTfalnlnR to the enquiry wnrnintt filed. Therefore, (is, .ririrflv contendrd hv thr counsel aWilfrlhp' ftir tVie ivoriiniap nn sdvcrie Inference is tb be drawn aftrilnst' the case of the mnnaeement.

T-.X. W3 : 13-2-88 : Orders on the revision petition.

Ex. W4 : 5-1-93 :. Review application to the Genernl

Manager, SE Railway, Calcutta,

Ex. W5 : 26-1-95 : Representation by the workman,

Ex. W6 : 20-1-97 : Representation letter by the work-

man.

Ex.' W7 : 1-1-98 : Representation letter by the work-

man.

Ex, W8 : 1 -5-2000 : Fitness certificate Issued by Dr. \HT For Management:

Ex. Ml : The Railway servants (Discipline and App.Jj

Rules, 1968.

, Ex. M2 : The Railway Services .Conduct) Rul.s, 19f<6.

Af'er get'iujt that letter the Government of India, Ministry iU Labour, New Deihi, has referred the matter to this tri- bunal for interpretation of the award in the light cf the letter of ALC(C) Kanpur. After receipt of the letter dated 2o-5-2000, jottccs vere sent to the parties whe mude their r-.ipectivj repii'^-ntauon in writing re^ardins interpietation of the aw aid

.¹>. 1 have heaid '.he rcprjucniatives for both the sides uni

h'vj uoms thiough thr recoid of the case. The award pa'sed by this tribunal and the intcrpetation sought by ALC(C)

r yarding certdn observation of this tribunal in the award-

4. The five points v/hich wcrft referred to ihis tiibuna) in indu ^Tial depute ca*e No. 94/91 for adjudication were de- cided by tint, tnbunal npainst the manaficment. and the orders of puniil-rr.-nt mentioned at head Nos. 1 and £"?f schedule of tlu reference order were held to be unjuatinea. In the end (his iribuii".l r^sed following order—

New Delhi, the 27th Febiuaiy, 2001

those points by the workman and they arc answered against the uorkman, specially when the award has granted benefits of seniority and promotions to the concerned workman even b'-'fore making observations regarding III and IV part of the reference and also in the sub equent part of the award. The oliscivrttions made on points at head Nos. Ill and IV part of the refeience appear to have been made due to inadvert- ence and they carry no weight in view of clear findings of this tribunal regarding punishment and also regarding giv- inc h'm seniority and promotions which were changed and withheld due to the punishments awarded to him.

The award referred to above is clarified accordingly.

Dated: 29th January, 2001

R. P. PANDEY, Presiding Officer New Delhi, the 28th February, 2001

SO. 645.—In pursuance of Section 17 of the Industrial Depute Act, 1947 (14 of 1947), the Certral Government hereby publishes the award of the Cefitral Government Industrial Tribunal /Labour Court, Nagpur as shown in the annexure in the Industrial Dispute between the employers In relation to the management of UCO Bsnk and their workman, which was received by the Central Government on 27-2-2001.

[No. L-12012/56/98-IR(B-IU] C. OANGADHARAN, Under Secy.

ANNEXURE

BEFORE THE CENTRA! GOVFRNrvfENT INDUSTRIAL TRIBUNAL, NAGPUR

PRESENT •

Shri B. G. Saxena, Presiding Officer,

Reference No. CGIT : 61/? Ml)

Employers tn relation to the Management of UCO Bank

AND

Shri Panchratan Kashinath Na^rale

AWARD

The Central Government, Ministry of Labour, New Delhi, by exercising the powers conferred by clause (d) of sub- section (1) and sub-section 2(A) of section 10 of the Tpd""tr"a1 Depute Act, 1947 has referred this dispute for ad;"d'cflt<'oii vide order No. L-12012/56 98-lR(B. II) dated 30-11-1998 on the following schedulo.

SCHEDULE

"Whether the management of UCO Bank city name braach Chandrnpur is justified In terminating the services of Sh. Panchratan Kashlnnth Naarale w.e.f. 7-5-97 without following the provisions of I.D. Act, 1947. If not, whrft relief the disputant worker Is entitled to T

This reference wan sent by Ministry of Labour to C G IT Court. Jabalpur on 30-1I-9S. It has been received In C G.I.T, Court, Nagpur In April 2000.

The workman Panchratan Kashinath Nagrale has claimed that he was appointed In UCO Bank, Chandrapur in 1989 and his services were terminated on 7-5-1997, He was initially getting payment of Rs. 10 per day. From 25-2-95 he got wages Rs. 20 per day. From 27-10-1996 his rate of wages was increased to Rs. 30 per day. He was working from 10.00 A.M. to 6.30 P.M. He has claimed his reinstatement In service and back wages.

The management of UCO Bank stated that he was not employed by bank and he did not work continuously upto 7-5-97. His appointment was not made according to rules ar,d procedure of the bank for appointment to the poAt of sub staff. He was paid wages from Miscellaneous expenses for the days, ho worked.

I have heard the arguments of the representative of the workman Shri Sahastrabuddhe and arguments of the repre- sentative of the management of bank Shri Waman Gajanau Joshi.

The statement of witness, workman Pancl'aratan K. Nagrale was recorded on 24-11-2000. In his statement he has admitted that he had not moved any application for appointment to the post of sub staff to any Manager of the bank. No appointment letter was issued to him. He nays that he used to work from 10,00 A.M. to 8.00 P.M. It is strange that how he worked for about 10 hours when he was not the employee of the bank. He says that other employees of the bank were always found drunk. He also admits that 3 peons and 1 driver were the permiraant employee of the bank and they were drawing regular salary. His statement shows that he used to get Rs. 30 per day. Hia statement therefore shows that he was not appointed by the bank on any regular post. His statement also shows that he did not get any regular pay or any facility of the bank employee. Thus, the statement of the workman shows that he was not appointed by bank as a regular employee any time.

The workman did not get any appointment letter from the bank. Ho did not met any regular salary. Hencs. he can not be considered as the regular employee of the bank.

It the workman was not appointed according to the pres- cribed procedure his appointment was of a daily wages worker and his service-"! can be terminated without is"uing any notice for termination,

The action of the management in terminating the services of Shri Ponchnitan Kanhinath Nngrnlo w.e.f. 7-5-97 is therefore justified.

ORDER

The action of the mana&rment of (JCO Bunk citv nnmt brnnc'i. Chnndn"Diir it imtiflpd 'n trrnvnaHntr the services of Shri Panchratan Kashinath Nagrale w.e.f 7-5-97.

The workman is not entitled to any rolief.

The reference is answered accordingly.

B. G. SAXENA, Pres'dinj Officer Dale: 06-02-2001 New Delhi, the 28th February, 2001

S.O 646.—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, Nagpur as shown in the annexurc in the Industrial Dispute between the employers in relation to the management of UCO Bank and their workman which was received by the Central Government on 27-2-2001.

[No. L-12012/58/98-IR(B-II)] C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, NAGPUR

PRESENT:

Shri B. G. Saxena, Presiding Officer.

Reference No. CGIT: 48/2000

Employers in relation to the Management of UCO Bank

AND

Shri Hukumchand Premchand Banjnriwale

AWARD

The Central Government, Ministry of Labour, New Delhi, by exercising the powers conferred by clause (d) of sub section (1) and sub section 2(A) of section 10 of the Industrial Dispute Act, 1947 has referred this dispute for adjudication vide order No. L-12012/58/98-IR(B. Hj dated 29-07-1998 on the following schedule.

SCHEDULE

"Whether the action of the management of UCO Bank in terminating the services of Sh. Hukumchand Premchand Banjariwale is legal and justified ? If not, to what relief the said workman is entitled ?" This reference has been received from Ministry of Labour, New Delhi. In the reference the date of termination of service of Hukumchand Premchand Banjariwale is not mentioned The workman had submitted his Statement of Claim in C.G.I.T. Court at labalpur on 26-10-98. This statement of claim was submitted by the workman himself. The manage- ment of UCO Bank disputed the claim of the workman and alleged that the workman was never employed by UCO Bank and his services has not been terminated.

The workman had claimed that lie had joined service as sub staff at Chandrapur branch in TTCO Bank in 1992. His service were terminated on 28-6-97. He worked for more than 240 dBys in years 1994, 1995 and 1996. Tn the year 1997 he worked for 163 days and hence the termination is illegal. He claimed for reinstatement and back wages.

I have considered the arguments of the representative of the workman Shri Sahastrabuddhe, who represent the work- man Hukumchand Premchand Banjariwale. From the side of management the case was argued by representative of the UCO Bank.

The statement of workman Hukumchand P. Banjariwale was recorded on 30-11-2000. His statement shows that he worked in Mahakali Branch of UCO Bank from 1989 to 1991. No record for this period of his employment has been submitted. He further represented thnt he was transfered to Chandrapur Main Branch in 1992. No transfer order has been filed in the court.

The workman further stated that he had not received any appointment letter from the Branch Manager of the bank Shri Kulkarni, He also did not receive *ny termination order. No show cause notice was given to him prior to his termi- nation. The statement of the witness in cross examination dtd. 30-11-2000 clearly shows that neither he was appointed by the bank through any procedure prescribed by the bnnk nor any termination order was issued to him. His statement also does not shows that he got any regular salary or any other benefits of the employee of the bank. Even the state ment of claim shows that he was being paid wages Rs. 10 per day and subsequently his rate was enhanced to Rs. 20 per day. Thus, from the statement or claim itself it is evident that he was not appointed on any clear vacancy in the bank for the post of sub-staff.

It in argued from the side of management of the bank that there is standing order dated 20-5-49 regarding the appoint- ment of regular employees in the bank under the direction of Ministry of Finance. If any person is employed for any specific purpose or period by the Branch Manager then he does not get the status of a regular employee.

In view of the circumstances and evidence discussed dbove there is nothing on record to show the workman was appointed against any clear vacancy and he had received any theicfore legal and justified.

The order of management of UCO Bank in terminating services of Shri Hukumchand Premchand Banjariwale is tehrefore legal and justified.

ORDER

The action of the management of UCO Bnnk in disconti- nuing the services of Hukumchand Premchand Banjariawle is legal and justified.

He is not entitled to any relief claimed by him. The reference is answered accordingly.

B. G. SAXENA, Presiding Officer Date: 06-02-2001

New Delhi, the 28th February, 2001

S.O. 647.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 o; 1947), the Central Government hereby publishes the award of the Central Government In- dustrial Tribunal/Labour Court, Chcnnai as shown in the annexure in the Industrial Dispute between the employer* in relation to the management of Indian Bank and their work- man, which was received by the Central Government on 27-2-2001.

[No, L-12012/90/98-IR(B-ID1

C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHENNAI Tuesday, the 9th February, 2001

PRESENT:

K. Karthjkeyan, Presiding Officer.

Industrial Di'pute No. 37/2000

[In the matter of the dispute for adjudication urider Section 10n)(d) and Sub-section 2(A) of the Industrial Disputes AcL 1947 between the Claimant and the Management, The General Manager, Indian Bank, Cberraai]1276 THE GAZETTE OF INDIA : MARCH 24, 2001/CHAlTRA 3, 1923 [PART H—SEC, 3(ii)] BETWEEN

The General Secretary, Indian Bant Employees Assn.. Cbennai- Cluiman£,I Party

AND

The General Managei, Indian Bank, Chennai. ManaE-'EieGl/TI party.

APi'FARANCES:

For the Claimant : Shri D. Hariparantlisinan, V. Ajoy

Khoec, P. Vijendian.

For the Management" M/v Aiyar pnd DoKr,, ACvxates,.

Reference No. L-12012/90/98 IR(B-H) dated 2Sth Ftbiuary, 2000, Government of India, Ministry of Labour. New Delhi.

This dispute on coming up bifoie mo for final hcanng on 23-1-2001, upon penr-ing the reference, claim statement, counter statement and other mate.iul papers on ICUWCI, the oral ''viJence of boih the parties and dooimentaiy evidence let in on the side of the Management and upon licarimi ihe ar&umcma of the counsel for the Claimant Shri D. Haripa- r;uitliaman and the counsel Tor the Management, M/s. Aiyar uid Delia and this dwputa having stood over li'U this date fur ccnsiJcration this Tribunal passed the following:—

AWARD

This reference by Central Government in the exercise of the rwweis conferiul by Clause (d) oi iub-scction (1) and Sub- section 21 A) of Section 10 of Indusirial Disputes Act. 1947 in ic^oect of dispute between Shri P. Ethirty. Workman and the General Mana^.r, Indian B

1 he Schedule reads as follows :—

''Whether the action of the management of Indian Bank in terminating the services of Shri P. Ethiraj, Jewel Appraiser of P. V. Kalathtrr branch ia justified end lccdl ? IF not, whnt relief is the ili;piua(Jt couccrne-; entitled to ?"

On receipt of this reference, this Industr'al Dispute lws Ixea taken on file of this triDuna) on 4-^-2000 as Industrial Dii,; me No. 37 '2000. (in receipt of ihc notice from tfvs t.-ihr/w¹. both the parties, appeared with their respective counsel and filed their respective claim ttalcment and counter statement.

2. The averment* of the claim statement of the Clnimantjl.

JPnrtv aie briefly as follows *-—

WI workman had not been informed of about the npason for his termination. He had been deuied opportunity to explain and putforth iiis casts. Therefore the "ac- tion of the Respondent in terminating the services of Mr. Ethiraj was in utfer disregard of and in flagrant violations of the principles of natural justice. It is a violation of articles 14 and 21 of the constitution. In any event! since the termination was only for negli- gence and when it was not wiilfuil or intentional and There was no loss to ths br.nk and when his entire past record was clean and unblemished one, the punishment of dismissal from service amounts to victimisation, unfair labour practice and colourful exercise of powers and the dismissal is exercise and disproportionate. If the termination was nof for any misconduct, it amounts to retrenchment and if is void ab intio as a mandatory obligation under section 25(f) had not been complrH wifh by the Respondent before terminating his services. Hence, it is prayed thnt this Honourable Tribunal may bs pleased to pass an award holding that the action of the Management in ter- minating the services of Sh. P. Ethiraj, jewel apprai- ser of P. V, Kalathur Branch as illegal and unjusti- fied and consequently direct the Management! to reinstate Sh. P. Ethiraj as a regular part time jewel appraiser, with continuity of service, backwages and oiSier attendant benefits.

3. The averments in the counter statement, of the Respondent | II Party Management are briefly as follows:—

agreements. Thus, there is no scope for holding any enquiry against Sh. Ethiraj. Hence the allegation that no opportunity was given to Sh. Ethiraj or that no enquiry was conducted arc without substance. As on 1987, there was no scheme in contemplation specifically intended fox the jewel appraisers engaged ¹ on commission and contract basis. Factually, in 1987 Sh. Ethiraj was only a jewel appraiser engaged on commission basis under specific agreement. He ad- mitted the position thai he was guilty of certifying spurious jewels as genuine gold jewels, only after Ihe baice was detected by the Bank in 1987 and on that factual basis, he was keeping quite till 4-10-93, when for the first time he sought to send the letter. It was because, he came know in 1992 that the Bank had formulated a scheme making the jewel ap- praisers as part time clerks of the Bank. Nothing prevented Sh. Ethiraj or the Petitioner's Assn to espouse the cause of Sh. Ethiraj to approach the bank for job even before the implementation of the scheme. It was only on account of the fact that Ethiraj is guilty of his serious misconduct neither he nor the Petitioner Assn. choctee to raise- any dispute relating to the non-employment of Sh. Ethiraj. A case of negligence is sought to be pleaded. Being engaged as an appraiser in a banking institution which deals with public money cannot afford to be negligent, because, based on his certification amounts were advanced to the public. Hence, the Bank can- not continue the services of a person whose integrity and honesty were found to be doubtful. Only reali- sing these positions, Ethiraj himself did not stake any claim for well over a period of 6 years. He having ceased to be the jewel appraiser from 1987 there was no scope for implementing the scheme by holding enquiry afterwards. There is no scope for the Petitioner to invoke article 14 or article 21 of the constitution of India. When loans were advanced basul on his certification while being the appraiser of the Bank, the negligence exhibited was grave and serious. Further, he took steps to approach the cus- tomer only after inspection and not before that. He committed an act which made the Bank to loose con- fidence in him. This act done by him by itself is very serious in nature, which disables the Bank to take a lenient view in the matter. He ceased to be the jewel appraiser of the Bank which is neither excessive nor disproportionate to the act of his misconduct admittedly committed by him. The question of there being any retrenchment'does not arise because Mr. Ethiraj was onlv a jewel appraiser on contract basis during 1987 and he ceased to be such jewel apprai- ser on account of his own misconduct. The allegation as to unfair labour practice, victimization are with- out substance. Hence this Honourable court may be pleased to dismiss the claim of the Petitioner Aisn. and reject the reference.

The Petitioner Association raised this Dispute only on 15-3-96, after a delay of about 9 years from the date of alleged non emclovment. The terms of reference are incompetant and are liable to be rejected on the ground that they are vitiated by laches and bclatedness. Hence the Honourable court may be pleased to reject the reference on the ground of the dis- pute having been initiated by laches and belafedness. During 1986 as a jewel appraiser working on com- mission basis under an agreement, the concerned jewel appraiser Sh. P. Ethiraj examined certain jewels es regard to the quality, quantify and genuineness. It is based upon his certificate jewr-1 loans were advanced at P. V. Kalathur Bfanch. It WJS only in 1987, it came to lighC that with regard to a particular transac- •'tion that he certifies spurious gold jewels as genuine . gold jewels based on which loan was advanced to the party concerned. But for the inspection made by the Bank, it would not have come to light at all. If is not correct for the Petitioner to allege thp.t On any date during 1986, thcrs were many jewels loans gran- ted. Even assuming that very many jewels were Verified and certified Mr. P. Fthirnj by virtue of being a profes- sional man and goldsmith cannot get himself absorbed of his responsibility to certifv genuine gold jewels, in 1987, after inspection Sh. P. Ethiraj contacted the party >o redeem the spurious jewels and the party ;>lso redeemed the spurious jewels does not nbsr'' Sh. Ethiraj of his iruilt. It was on account of his own making and conduct, he ceased to be the Hvcl appraiser of P. V. Kalathur Branch. It vr* only on account of his own conduct, he was not ap- proaching the Bank right from 1987 up'o 1993 seeking any reRf. During the pendency of W.P, pnd\V.A. and till 10-10-90. d\l the jewel appraisers were treated pnly as persons engaged on contract under individual

4. The Respondent has filed an additional counter alleging that from the old records of the years 1985 to 1*987, it came to light, that the concerned jewel appraiser has certified as many as 8 spurious jewel as genuine gold ornEments and on that basis jewel loans were disbursed. The above facts came to light to the bank only on the inspection made on 30-9-97 by the external auditors after the jewels wore re- anpraised by ano'her jewel appraiser of ozhalur branch. As a matter of fact,' the said Ethiraj on 3-11-87 had admitted in writing that he arranged far1278 , THE GAZETTE OF INDIA : MARCH24,2001/&lArrRA 3. 1923 [PART ri-n^EC. 3(11)] ividiiuger oi x*. V. jvuitunui i>iaiicn ot Uw Kespon- utiit -uaiDv iiua biujj'^KAi Liic ui^jjuuuu jewel upp^otiscr

iioui otiviwti on iSj-y~at oi iijiouucii liiin uica iic Win

nut ofc iuiuwwj. tO cuiiuiiuc iiiw juo oi jewei appumtr

pledge of spurious jewels and had arrived the moni- tory benefits The record showed that he had delibe- rately and intentionly certified the spurious ornaments as genuine gold ornaments for his own benefit as ad- mitted by him. It is m this background, Sh. Ethiraj ceased to come to the bank subsequent to the above inspection by external auditors. As a matter of fact, Sh. P. Ethiraj by his letter dt. 27-6-91 requested! the bank to settle PF dues after acknowledging the re- ceipt of all other benefits.

5. When the matter was taken up for enquiry, the

then Manager of P. V. Kalathur Branch was examin- ed as M.W.I and the Ex. Ml to M14 were marked. On the side of the Totiiioner, the concerned jewel appraiser wa^ examined as W.W.I and the Exhibits WI to W5 and Ex. Ml2 were marked. Then the arguments of the counsel on either side were heard.

6. The point for my consideration is :—

Whether the action of the Managtment of Indian Bank in terminating the services of Sh. P. Ethiraj, jewel appraiser of P. V. Kalathur branch is justified and legal 7 If not, what relief is the disputant con- cerned entitled to ?

POINT.—It is admitted that the disputant

Sh. P. Ethiraj was employed as a jewel appraiser in P. V. Kalathur branch of Indian Bank. In the claim statement, it is not mentioned as to how and under viliai arrangement Sh. P. Ethiraj was engaged as a jewel appraiser in ihe Respondent Bank's branch. In the counter statement, it is clearly stated that Mr. Sh. rthiraj was engaged as a jewel appraiser on com- mivion basis under an agreement. This is not deni- ed or disputed by the Petitioner Union or by the disputant workman himself. As W.W.I, the jewel appraiser P. Elhiraj has admitted in cross examination that he joined as jewel appraiser in the Bank on vear to year contract basis. The xerox copies, of those contracts dated 20-12-84, 18-12-85 and 18-12-86 arc marked by consent of both the parties as Exhibits Ml to M3. From this it is seen that the disputant workman had entered into with the Respondent yearly contracts for doing the work of jewel appraiser of the Respondent Bank's Branch at P. V. Kalathur on contract basis. He further admit. ia the cross examination that the original contract, under the original of Ex. M3, which he signed in 1986 came to an end on 17-12-1987. it is nobody's case that there was any subsequent contractual agreement between the disputant and the Respondent Bank Branch. From these oral and documentary evidence, it is evi- dently clear that the disputant Sh. P. Ethiraj was engaged as a jewel appraiser on year to year con- tract basis in the Respondent Bank Branch of P V. Kalathur.

in mat UiuiK. uidiicn. Wiicu ino biuu i>iaiiUi maud^er oi me ttosponucni: L>OI_IK wvt. CAumnca as me wiLaca!> ioi uie xveoponuem uanK injiuagcinciii, noifljiig lia^ uccu Mi^gesiwi to niin in me cross ejuirnmauoa ciiat iie only topped ifle jewel appraiser an. if. Human on zy-y-6/ iioru service. Un me otner nand, it is the spt^inc eviutnce ot M.sV.i that the disputant runx- SCII mis stopped coming to the uank Dianch to do ine woik oi me jewel appraiser. It is also not tne case ot die .miuoner or the disputant himseu that me Respondent m nk Management has tenrun,ued Ins service ot jewel appraiser in the Bank ot P. V. Kaiamur. ihe aveimcnis in the counter statement of the Respondent that the question of there being any leuencjuincni aoes not aiise cecause Jvn. ttniraj was omy a jewei appraiser oil contract DOSJS aurini; iyiiV auu ceased to oe such jewel appiaiser on account of iais own misconduct i? miner n is alleged in tne addi- tional counter oi the Respondent tiiat irom the old records ot Ihe years 1480 to 1967, the tact that the concerned jewel appmisci Sh, htrnraj had certiried as many as 6 spurious jewel items as genuine gold orna- ments and on that basis jewel loans we_re disouised, came to light to the bank only on 3(J-y-87 when die ex- ternal auoiiors conducted tb/* inspection and after the jewels were reappraised by another jewel appraiser of vadalur branch. It is further alleged that on 3-11-87 the said Ethiraj batl admitted in wntmg that he arranged for pledge for spurious jewels and had availed the monetary benents. In para 3 of the clarm statement, it is clearly averred that in 1987 alter inspection, Sh. Ethiraj contacted the party to redeem the spurious jewels and the party also redemeed the spurious jeweis. Though the counsel for the Peti- tioner prayed time for liling rejoinder alter additional counter statement has been filed by the Respondent on 24-10-2000, no reply or rejoinder has been filed by the Petitioner denying ths above mentioned aver- ments ot facts both in both counter statement aud additional counter statement filed by the respondent bank. It is the admission of the petitioner in para 2 of the Claim Statement that Sri P. Ethirai was em- ployed¹ as Jewel Appraiser in P. V. Kalathur branch ot the II Party Bank from 1977 and that during 1986 the jewel loan was sanctioned to a party based on some jewels which was later found to be spurious. On coming to know about this, immediately, Mr. Ethiraj contacted the party to redeem the jev els and the party had also redeemed the jewels. Further. It is he ad- mission of the concerned Jewel Appraiser as WW1 that the people come for inspection used to check 'the Dimty of jewels pledged in the bank for jewel loan. When the inspection in question was conducted the repnlar Manager of the bank was on leave. The acting Manager Was in-charge of the bank at that time when the inspection done in September, 1987, they found one of the jewels to be spurious. On inspection the inspection authority found the quality of jewel as less. It is the evidence of MW1. the then Manager of Indian Bank Branch at P. V. Kalathur that when he wai on leave and awav at Bhubancswar. he received a tele- gram from P. V. Kalathur Branch of the Bank in- forming him to report immediately, as inspection work 7. In para 2 of the claim statement, the Petitioner has stated tint Mr. Eihiraj was denied employment from 29-9-87 without any notice and without any rhyme or reason. Nothing has been stated in the claim petition ns to whether the said denial of emp- loyment for the disputant workman by the Respon- ded Bank's Branch was oral or by written order. Neither in the claim statement nor in the oral evi- dence of W.W.I it is stated that the then Branch 1279'

the Claim Statement" nothing has been disclosed about this statement dated 3-1,1-1987. Ex. M4 that no such thing had happened and one such stutement has been prepared by the then Branch Manager himself and the concerned jewel appraiser was threatend and coersed to sign that statements without being informed about the contents of the statement. If this contention of the Petitioner now is true, the Petitioner would not have ommited td mention the same in the Claim Statement itself. But the Petitioner has fair enough to admit in the Claim Statement that the disputant workman as the then jewel appraiser of the Bank branch was not diligent enough to assess the purity of the gold jewel pledged in 1986. The lcanred counsel for the Petitioner, who had argued lhat as admitted¹ by the Petitioner in the Claim Statement only one such incidence had taken place when this dispu- tant workman was as jewel appraiser at the Bank and the same also has been subsequently redeemed, there- by there was no loss to the Bank as such. Under such circumstances, a lenient view can be taken to reinstate the said jewel appraiser in service.

concerned workman Mr, Ethiraj and consequently direct the management Respondent to reinstate bim as a leguiar pail-ume appraiser without back wages. A his argument ot the learned conubel for the Peti- tioner requesting this Tribunal to take a sympathetic view in respect of imposing punishment for admitted misconduct, of the concerned Jewel Appraiser cannot be accepted as a valid argument; It is decided in 1989 2 LLJ 194 by the High Court of Madras that "When Jie finding is chat employee committed fraud continued in emplo>ment of the person who com- mitted fraud would be prejudicial to the interest of the bank. The Industrial Tribunal is a judicial forum to record conclusions based on findings and available rekvant materials. When the discretion vested with the Tribunal to intcrefere with the quantum of punish- ment should be properly exercised by discharging its fund'on judicialy and discretion power does not mean licence to direct reinstatement even where it is not warranted aiid to set aside the order of dismissal when records did not warrant such setting aside the order of dismissal and that Industrial Tribunal cannot inter- fere with the quantum oF punishment, if proved mis- conduct is grave in nature warranting dismissal from service. It is also held in that decision that employee cinnot claim right to commit fraud during the course of emplovment i nd cmpioyse should maintain ethical stanrVds embodied in TJICS and regulations and ethical standards cannot be appended on the plea that justice shouM be rendered with mercv and the employee shouM maintain minimum standard of integrity jind thtt ewfllrc) of reinstatement and bock waees to work- man who" dH not maintain minimum standnrd of intfp-itv wonM amount *o rewarding fraudulent and ri'eh'vii'st r^nc^iet f>nr) w/onM b" TnorVin* nt intrprity PT\H hoppstv of pniorUv of workmen Ord<"T nf dis- tti:cc/v) enirnrit K" irtvolirT'itfil on th<* "mv'nrt of svm-i

r>'f>vce "' Th's ratio in this (fcritirvrt of tb" Hirb Court of Madras is qi'ite applicable to this prp"*nt case. Here in this CTS^ thi°- ooncern nre sr"ffi- n^r*t Tnntp"fl11Tr">r' vrr"-'^Tn"n TVfi" T?th'r3? J^ r^n^Tis'Tii" fo"" tTi/" i mw tnisrotirt"^ pJnH nnHi"r "MIHI cirf""rnetnriTS Tn V'J"W nf tl"-> rVfi'-'on nf T-T1 irnntn^nt nriviti.-tprT Imr t1n" 1f"tvTiPr! orvitiqpi fnr fhf"

Dictated to the Stenographer and transcribed and typed by him and corrected and pronounced by me in the open court on the day, 9th February, 2001.

K. KARTHTKEYAN, Presiding Officer Witness Examined

For Claimant|I Party : WW1 Sri P. Ethiraj.

For Managemcnt|II Farty : MW1, Sri. S. Venkatavaradhan.

Documents Marked.

For Claimant 11 Farty.

Ex. No. Date Description WI 04-10-93 : Xerox copy of the letter from the T Party to the Management.

W2 04-07-95 : Xerox copy of the letter from the I Party to the Management.

W3 15-02-96 : Xerox copy of the letter from the I Party to the Management.

W4

: Xerox copy of Postal Acknowledgement Card.

W5 — : Original Fostal Acknowledge- ment Card.

For Management

Ex. No. Date Description Ml 20-12-84 . Xerox copy of the Agreement hetween Sri P. Ethiraj and the Management for annual renewal of contract.

M2 18-12-85 : Xerox copy of the agreement bet- ween Sri P. Ethiraj and the Management for Annual renewal of contract.

M3 18-12-96 : Xerox copy of the argument bet- ween Sri P. Ethiraj and the Management for annual renewal of contract.

M4 03-11-87 : Copy of the contention letter of Sri P. Ethiraj.

M5 05-07-85 : Oricinal Ledger page of Jewel loan Nd. 4570|85.

M6 16-12-85 : Original Ledger page of Jewel loan No. 4712J85.

M7 20-12-85 : Original Ledger page of Jewel loan No. 4720185.

M8 11-03-86 : Original Ledger page of Jewel loan No. 4798(86.

M9 2909-87 : Cooy of the letter from Manager fActing) to the Regional Manager, Indian Batnk regarding discrepancy founci in jewel packets.

M10 13-10-87 : Xerox copy of the Inspection Report of External Auditors.

M il 26-03-91 : Xerox cooy of the Award of the CGIT, Cliennai in the matter of Jewel Ap- praisers engaged on contract basis.

M12 27-06-91 : Xerox copy of the letter from the I Party of the Management with regard to PF Settlement.

771 GI|2001—16

, - '

1281 New Delhi, the 28th February, 2001 S.O. 648.—In pursuance of Section 17 of the In- dustrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government Industrial Tribunal Chandigarh as shov n in the annexure in the Industrial Dispute between the employers in relation to the management of Canara Bank and their workman, which was received by the Central Government on 27-2-2001,

[No. L-12O12|104|95-IR(B-II)] C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE SHRT B. L. JATAV, PRESIDING OFFICER, CENTRAL GOVT., INDUSTRIAL TRTBUNAL-CUM-LABOUR COURT, CHANDTGARH

Case No. I.D\ 84|96

- • Workman.

Atma Ram CIO Arun Ghai. Canara Bank Staff LInion, B-XI|1662, RariMohala, Ludhiana. D.G.M. Canara Bank.

Circle Office,

Sector-34, Chandigarh

.Management.

APPEARANCES :

For the Workman.—Notie.

For the Management.—Hari Haran.

AWARD

Passed on 7th February, -2001

The Central Govt, vide gazette notification No, L- 120121104195-IROMn dated 9th September, 1996 has referred the following disoule to this Tribunal for adjudication:

"Whether the action of the Management of Canara Bank represented throueh D.G.M. Canara Bank, Circls Office. Chandigarh in terminating the services of Shri Atma Ram, a DaMv rated sub-staff in Solan branch of the Bank w.e f. 6-10-86 i-v Icpal and justi^ fied ? If nor ? To v.hat relief the workman is entitled and from what date?"*iS2 THE GAZETTE OF TNpiX: MARCH 24, 20G1/CHAITRA 3, 1923 [PA"T H - 5 E C. 3(3)] 2. None has put up appearance on behalf of the workman despite sevcul notice. No claim statement . has been filed. Cas? is pending singe 1996. It appears that workman is nut interested to pursue wjlh the present reference, Tn view of the above, present re- ference is returned to the Appropriate Govt, for want of prosecution. Appropriate Govt, be informed.

Chandigarh. 7-2-2001,

U. L. JATAV, Presiding Officer New Delhi, thi 28th Febiuary, 200J S O. 649.—In puisuanee of Section 17 of the In- dustrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government Industnal Tribunal Chandigarh as shown in the annexure in the Industrial Dispute between the employers in relation to the management of Punjab Naf'onai Bank and¹ then workman, vhich was re- ceived by the Central Go-eminent on 27-2-2001.

[No L - 1 2 0 J 2 | 1 1 8 | 9 5 - T R ( B - I I )] C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE SHRT B. L 'ATAV, PRESIDING OFFICER, CENTRA! G O V f, INDUSTRIAL TRIBUNAL-CUVM,ABOUR COURT, CHANDIGARH

No. ID 49'96

Rmt. Sharda Devi C|o Shri Thakur Shah, General Secretary, PNB Staff Association, RIO Chak Mudhi P.O. Mudhi, Distt. Janrmn Workman. Vs

Regional Manager, Pmiriiri National Bank, Gandhi Nagar,

Jammu

- .Management.

APPEAR \NCFS •

1. For the workman --None,

2. For the management.—Shri Vinod Kumar,

AWARD

Parsed on 1-2-2001

The Central Govt, vide gazette notification No. L- 12012|118|95-IR(B-2) dated 30th April, 1996 has referred the following dispute to this Tribunal for adjudication:

"Whether the action of the management of PNB Jammu in terminating the services cf Smt. Sharda Devi, Part time sweeper w e.f. 20-8-92 is legal ancT justified ? If not, what relief is the said workman entitled to ?" 2. Today the ca"se was fixed for filling of claim s'atement. Despite sever-il notices, none has put up apperances on behalf of the workman. It appears that woikman is not interested to pursue with the present reference. In view of the above, the present reference is returned lo the Ministry for want of pro- secution. Appropriate Govt, be informed.

Chandigairh. 1-2-2001.

B. L. TATAV, Presiding Officer New Delhi, the 28th February, 2001 S.O. 650.—Tn pursuance o* Section 17 of the In- dustrial Disputes Act, 1947 (14 of 1947), the Central Government heicby publishes the award of the Cen- tial Government Industrial Tribunal Chandigarh as shown in the anuexure in the Industrial Dispute bet- ween the employers in telation to the management of Central Bank of India nncf their workman, which was received by the Central Governmnet on 27-2-2001.

[No L-12012ll60|95-IR(B-II)l C GANGADHARAN, Under Secv.

ANNEXURE

BEFORE SHRI B L. JATAV PRESIDING OFFICER. CENTRAL GOVT. INDUSTRIAL TRTBUNAI-CUM-T.ABOUR C O U RT

CHANDIGARH

Case No. 1011%

R. K. Sbarma, Secretary. Cent™] Bank of fndtrt. Firmlovees Union 'P.'nfaM H90'37B, Chahdigarh.

... Workman.

Vs."

Chief Manager, Cential Bank of Indiu, Sector-17B, Cjhandigarh.

... Management.

APPEARANCES :

For the Wojkman.—Workman in person.

For the Management—Shammi Kaplish.

AWARD

(Passed on 7th of February, 2001) The Central Govt, vide Gazette Notification No. L- 12O12|16O|95-1RB. II dated lb-10<-199o has referred the following dispute to this Tribunal for adjudica- tion:—

"Whether the action of the management of Cen- tral Bank of India represented through D.G.M. Central Bank of India, Zonal Office Chandigarh in taking the duties of custo- dial of lockers and others duties earlier being performed by JM Scale-I from Shri D. K. Sharma SpL Asstt, w.e.f. 1987 to 8-6-92, without making payment of offi- ciating allow ance is justified¹' If not, to what relief the workman is entiled to and from which date?"

2. Case taken up today. The workman appeared atid made the statement that he does not want to pursue with the present reference as he intends to opt for the voluntary retirement scheme of the Bank and requested for no dispute Award. In view of the above, as the workman does not want to pursue with the present reference, the same is returned to the Minis- try as no dispuc award. Appiopriate Govt, be informed. Chandigarh. 7J2-20Q1.

B. L. JATAV, Presiding Officer

1283 their workman, which was received by the Central Government on 27th February, 2001.

[No. L-12()l2/167/99-IR(B-II)] C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE SHRI B. L. JATAV, PRESIDING OFFI- CER, CENTRAL GOVERNMENT INDUSTRIAL TRTBUNAL-CUM-LABOUR COURT, CHANDIGARH

Case No. I.D. 114/94

R. K. Sharma, Secretary, C.B.I. Employees Union (Pb), Cential Bank of India, Scctcr-17-B, Chandigarli.

.. Workman.

Vs

Regional Manager, Cential Bank of India, Sector-17, Chandigarh. . . Management.

APPEARANCES:

For the workman : Woikman in person. For the management : Shri Shammi Kaplish.

AWARD "

(Passed on 7th Febiuary, 2001) The Centrl Govt vide Gazette Notification No. L-12012/167/94. 1R.B.2 dated 26th August, 1904 has referred the following dispute to this Tribunal for adjudication :

"Whether the action of The management of C.B.I. Chandigarh in imposing the punish- ment of reduction of pay to next lower stage for a period of two years on Shri R. K. Sharma Spl. Asstt, vide order dated ,8-2-1991 is justified? If not, what relief is tlhe said workman entitled to ?"

New Delhi, the 28th February, 2001 S.O. 652.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes tlhe award of the Central Government Industrial Tribunal/Labour Court, Chandigarh, as, s,hown in the annexure in the Industrial Dispute between the employers in relation to the management of Punjab & Sind Bank and their workman, which was received by the Central Govern- ment on 27th February, 2001.

[No. L-12012/177/99-IR(B-TD] C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE SHUT B. L. JATAV, PRESIDING OFFI- CER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHANDIGARH

Case No. I.D. 139/94

Balwinder Singh son of Shri Karnail Singh, VPO. Panniwala Phatta, Teh. Malout, Distt. Faridkot-Punjab. . . Workman.

Vs.

Divisional Manager, Punjab & Sind Bank, Near Red Cross Bhawan, Sarak Chowk, Faridkot-Punjab. . . Management¹.

^APPEARANCES:

For the workman : Workman in person.

For the management: Slhri J. S. Sa*hi.

AWARD

(Passed on 23rd of January, 2001) *"* The Central Govt, vide Gazette Notification No. L- 12012/177/99-IRB-2 dated 25th October, 1994 has referred the following dispute to this Tribunal for adjudication :

"Whether the action of the management of Punjab & Sind Bank Faridkot in terminat- ing the services of Shri Balwinder Singh, Armed Guard w.e.f 8-6-93 is legal and justified? If not, what relief is the said workman entitled to?"

2. Today the case was fixed for filing of affidavit by the workman. Today the workman appeared and made the statement that he got the iob elsewhere and he does not want to pursue with the present reference and same may be answered as withdrawn. In view of the statement of the workman, the present reference is returned to the Ministry as withdrawn. Appropriate Govt, be informed.

Chandigarh,

23-1-2001.

B. L. JATAV, Presiding Officer New Delhi, the 28th February, 2001 S.O. 653.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes the award of the Central Government Industrial Tribunal/Labour Court, Chandigarh, as shown in the annexure in the Industrial Dispute between the employers in relation to the management of Canara Bank and their work- man, which was received by the Central Government on 27th February, 2001.

[No. L-l2012/261/91-tR(B-II)] C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE SHRI B. L. JATAV, PRESIDING OFFI- CER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT CHANDIGARH Case No. ID 168/91

Blhag Mai Azad son of Sri Lachman Dass

C/o

Shri Arun Ghai, Co-convener, B.X1-1662, Ran Mohalla, Ludhiana.

. . Workman.

Vs.

Deputy General Manager, Canara Bank, Divisional Bank, Sector-34-A, Chandigarh.

. • Management.

APPEARANCES :

For the workman: Shri O. P. Batra. For the management; Shri Ashok Jagga with Aihok Kumar.

AWARD

(Passed on, 6th of February, 2001) The Central Govt, vide Gatzcttee Notification No. L-12O12|261|91-TRB-1I dated 4th November 1991 has referred the following dispute to this Tribunal for adjudication :—

"Whether the action of the management of Canara Bank in stoppage of two increments of Shri Bhagmal Azad, clerk with cumula- tive effect is justified ? If not, to what relief is the workman entitled ?"

2. Today the case was fixed for evidence of the par- ties. The workman appeared and made The statement that he docs not want to pursue with the present reference as he opted for the voluntary retirement scheme of the bank and requested for no dispute award. In view of the above, as the workman does not want to pursue with fix present reference, the same is returned to the Ministry as no dispute award. Appropriate Govt, be informed.

B. L. JATAV, Presiding Officer Chandigarh, 6-2-2001.

New Delhi, the 28th February, 2001 S.O. 654.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes the award of the Central Government Industrial Tribunal/Labour Court, Chandigarh, as shown in the annexure in the Industrial Dispute between the employers in relation to the management of Central Bank of India and their workman, which was received by the Central Government on 27th February, 2001.

[No. L-l20J2/266/92-lR(B-m] C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE SHRI B. L. JATAV, PRESIDING OFFI- CER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT CHANDIGARH

Case No. ID 5/93

Bal Krishan,

C/o

' Secretary, C.B.I. Employees Union, 811. Phasc-II, Urban Estate. Focal Point, LudHana. .. Workman.

Ite

Vs.

Regional Manager, Central Bank of India, 427-A, Krishna Nagar, Ghumar Mandi, Ludhiana. . . Manajpment.

APPEARANCES :

For the workman: None.

For the management!: Shri D. K. Chadha.

AWARD

(Passed on 15-2-2001)

The Central Govt, vide gazette notification No, L- 12012|266|92.IR(B.2) dated 21st December, 1992 has referred the following dispute to this Tribunal for adjudication:

"Whether the action of the management of CBI in inflicting punishment on Shri Bal Krishan, Peon by stopping one increment justified ? If not, to what relief is fhe work- man entitled ?"

2. Case repeatedly called. None appeared on be- half of the workman despite several notices. It appears that workman is not interested to pursue with the present reference. In view of the above situation, present reference is returned to the Ministry for want of prosecution. Appropriate Govt, be informed.

B. L. JATAV, Presiding Officer Chandigarh,

15-2-2001.

' r ' '< New Delhi, the 28th February, 2001 S.O, 655.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Cen- tral Government hereby publisher the award of the Central Government Industrial Tribunal/Labour Court, Chandigarh, as shown in the annexure in the Industrial Dispute between the employers in relation to the management of Canara Bank and their work- man, which was received by the Central Government on 27th February, 2001.

fNo. L-12012/299/91-IR(B-Il)] C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE SHRI B. L. JATAV, PRESIDING OFFI- CER CENTRAL GOVERNMENT INDUSTRIAL ' TRIBUNAL-CUM-LABOUR COURT CHANDIGARH

Case No. ID 28/92

Sukhwarrt Singh, C|o Arun Ghai Canara Bank Staff Union, D-XI, 1662, Rari Mohalla, Ludhiana vPunjab).

..Workman.

Versus

General Manager, Canara Bank, Sector-17, Chandigarh. .. Management \PPEARANCES:

* "or the workman : None. for the management : Ashok Paul Jagga.

AWARD

(Passed on 25th January, 200J) The Central Govt vide Gazette Notification No. •l2012/299/91-tR(B-2) dated 26th of March 1992 n, referred the following dispute to this Tribunal for ljudication:—

"Whether the acflon of the management of Canara Bank in stopping Spl. Allowance to Shri Sukhwant Singh, Daftry, in Morara Branch is justified ? If not, to what relief is the workman entitled ?"

2. Today Che case was fixed, for appearance of the irkman. Despite severail notices none has put up ^pcarances on behalf of the workman. Tt appears

B. L. JATAV, Presiding Officer 'andigarh. . "-K20O1.

New Delhi, the 28th February, 2001 S O. 656.—In pursuance of Section 17 of the Industrial Dispule Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes the award of the Central Government Industrial Tribunal|Labour Court, Chandigarh as shown in the annexure in the Industrial Dispute between the employers in relation to the management of Punjab & Sind Bank and their workman, which was received by the Central Go\ eminent on 27 February, 2001.

[No. L-12012[326|87-IR|DH] C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE SHRI B. L. JATAV, PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHANDIGARH.

Case No. I.D. 13J88

Sunnder Pal Singh, CJo Shri Tek Chand Sharnm, 25, Sarit Nagar, Civil Lines, Ludhiana

. .. Workman

Vs.

The Asstt. General Manager, Punjab & iind Bank, Sector-17-B, Chandigaih

. . Management APPEARANCES :

, For the workman : None. For the management : Shri P. P. Singh, Advocate.

AWARD

(Parsed on 31st January, 2001)

The Central Govt, vide Gazette Notification No. L-12012|326|87-D. II(A) dated 1st March, 1988 lms referred the following dispute to this Tribunal for adjudication :

"Whether the action of the Punjab & Sind Bunk in terminating the services of Shri Surinder Pal Singh, deposit Collector with their Civil Lines, Ludhiana Branch w.e.f. 31-3-1986 'is justified '! If, not, to what relief the workman concerned entitled ?"

2. The case of the workman in brief is that he was appointed as a deposit collector on 2-2-1980. He continued to work as deposit collector till 31-3-1986. He had been doing the duties of ledger posting, maintenance of index register of Chhoti Bachat Scheme Account, maintenance of subsidiary book and maintaining the balances etc. and doing the other duties as lequired by the manager of the branch at Kbanna. He had been working under the control of the branch manager for all purposes and used to be paid monthly wages on performance basis regu- larly. He used to receive cash from depositors of the bank by rendering services at their door steps according to the scheme and policy of the bank. He maintained the books' of the bank regularly which were checked by the superior concerned regularly. The services of the workman was terminated on 31-3-1986 without giving any chargesheet. No inquiry was hold by the Mnnagement. The notice of one month was not give" to him by the Bank. Thus 1287 his service, were terminated illegally contravening the piovisions of law.

3. At the time of his teinniuation jumor person were rua:nec? in service by the bank and new em- ployees wore also employed, but opportunity was not given to the woikman tor employment though the post and the work was of permanent nature. The workman is entitled to be reinstated with full back- wages and all benefits

9 In this case the workman was directed to appear, foi cross-evimination but he did not do so. The burden of proving the allegations made in the Claim a.temcni is upon the workman. Under these circum- stances, the oatli of Shri T. P. S. Gujral deserves to be relied upon. As per his affidavit the workman was paid 3 i% commission on deposit collected by him. The workman was not getting any wages from the management. Therefore, he can not be termed as workman under the provisions of I. D. Act 1947. When he is nof a workman the provisions of Section 25-F do not apply. Therefore, the termination of the workman is legal nnd justified. The reference is there- fore, is to be answeied against the workman.

10 On the basfs of appreciation of evidence made in the preceding p^rajjrBph of this award, the re- rcrrn'jie is answered tbat the action of the manage- ment of Punjab & Sind Bank in terminating the services of Shri Surinder Pal Singh deposit collector is justified. He is not entitled to aet any relief from the mon?ipf>ment. The paities shall bear their own cost of this proceedings. Appropriate Govt, be in- formed.

B. L. JATAV, Presiding Officer

Chandigarh,

31-1-2001.

4 A 5 p;i written statement flliJQ by the manage- ment the case in brief is that the workman was not the regular employee ot the bank. The relationship of master and servant between them did not exist. Theicfoie, he is, not workman as defined in T.D. Act 1947. He was enrolled as an agent under the Chhoti Bacliat Scheme to collect deposit from the depositors of the bank. He was required to carry out this func- tions only as an agent and not to perform any other banking work. He was indepeodant agent for the per- formance of collecting small deposits from small de- positors. He was never paid any monthly remunera- tion but commission was paid to him on the amount of deposits collected by him. The Chhoti Bachat Scheme was found by the bank uneconomical and fraud prone Therefore, the bank decided to wind up the same scheme. After winding up the scheme the agency of the workman was no longer required which was discontinued by the bank. His service was not terminated but his agency was discontinued. There- fore, he is not entitled to get any relief from the management His claim statement deserves to be dismissed.

5. In this case the date of appointment and date of termination are admitted facts. It is also an admitted fact that the workman had worked as a deposit collector at Khanna branch of the bank

6. In this case workman filed his affidavit He was directed to appear in person in this Tribunal for cross-examination but he did not appear to face the rcross-ejtaminatiort He remained absent, therefore, the case was proceeded exparte against him

New Delhi, the 28th February, 2001 7 The management has filed the affidavit of T.P.S. Ouiial The re-p of the management has not exa- mined "^hri T P, S. Gujral because no representative of the workman was present for cross-examine the deponent of the management. Uder these circum- stances, this case has to be decided on the basis of affidavits.

SO 657—Fn pumiance of Section 17 of the rndutffMl Dispute Act. 1947 (14 of 1947), the Cen- tral Government hereby publishes the award of the Central Government Industrial Tribunal [Labour Court, Chandigarh as shown in the annexure in the Industrial Dispute between the employers in relation to Lh>i rmineement of Bank of India and their workman, \7hich was received by the Central Government on 27 February, 2001.

[No. L-12012|382|92-IR(B-II)]

C GANGADHARAN, Under Secy.

ANNEXURE

BFFORE SHRI B L. TATAV, PRESIDING OFFTCFR, CENTRAL GOVT., INDUSTRIAL TR1BUNAL-CUM-LABOUR COURT, CHANDIGARH.

Case No 1 D 34]93 S. Shri Surinder Pal Singh has deposed in his affi- davit that he was employed by the bank as deposit collector and he was the employee of the bank. Monthly wages were paid to him He was working under the control of branch manager nnd performed the duties of a bank employee The witness of the management Shri T. P. S. Gujral has deposed that the workman was appointed as an agent under the Chhoti B^chpt Scheme He was paid commission as per agieement entered into between the bank and the workman. Tn this ease the management has not sub- mitted the ?ereement and other documents The workman has also not submitted any document in 'upnort of his claim Therefore, this case rests upon oath against oath. Now the question arises to con- sider that whose oath should be relied upon.

Harbhajan Singh, C|o General Secretary,1288 THE GAZETTE OF INDIA : MARCH 24, 2001/ CHAITRA 3, 1923 [PART I I — S E C. 3(tt)] Bank of India, Employees Association Bank of India, Building, Hall Bazar, Amritsar . .. Workman

Vs.

Deputy Zonal Manager, Bank of India, Bank Square, Sector-17, Post Bag-2, Chandigarh.

. .. Management APPEARANCES :

For the Workman : Hardial Singh. For the Management : R, N. Lohan.

AWARD

(Passed en 8th February, 2001) The Central Govt., vide Gazette Notification No. L-12012|382|92-IR(B. II) dated 5th March, 1993 has referred the following dispute to this Tribunal for adjudication ?

"Whether the action of the management of Bank of India in imposing and punishment of stoppage of two increments permanently with cumulative effect on Shri Harbhajan Singh justified ? If not to what relief is the workman entitled to ?"

2. Today the rep. of the workman expressed that he has no instructions to prosecute further on behalf of the workman. The workman has not filed any affidavit in this case. The case is pending since 1993. It seems that workman is not interested to prosecute the case. In view of the above situation, the present reference is returned to the Appropriate Govt, for want of prosecuiion, Appropriate Govt, be informed.

Chandigarh, 8-2-2001.

B. L. JATAV, Presiding Officer New Delhi, the 28th February, 2001 S.O. 658.—In pursuance of Section \1 of the Industrial Dispute Act, 1947 (.14 of 1947), the Cen- tral Government hereby publishes the award of the Central Government Industrial Tribunal/Labour Court, Chandigarh, as shown in the annexure in the Industrial Dispute between the emplpoyers in relation to the management of Punjab & Sind Bank and their workman, which was received by the Central Govern- ment on 27-2-2001,

[No. L-120l2|464[87-IR|DII(A)] C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE SHRI B. L. JATAV, PRESIDING OFFICER, CENTRAL GOVERNMENT INDUS- TRIAL TR1BUNAL-CUM-LABOUR COURT, CHANDIGARH

Case No. TD 6/88

:

Sarv Shri Paramjit Singh, Asholc Kumar Sc Pritpal Singh C/o Tek Chand Sharma, 25, Sant Nagar, Civil Lines, Ludhiana.

Workmen.

Vs.

Asstt,, General Manager, Punjab & Sind Bank, Sector-17-B, Chandigarh.

. . Management.

APPEARANCES For the workmen : None. For the management: Shri I. P. Singlh Advocate.

AWARD

(Passed on 31st January, 2001) The Central Govt, vide gazette notification No. L- 12012|464|87-D-II(a) daied 12th February, 1988 has referred the following dispute to this Tribunal for adjudication:

"Whether the action of the management of Pun- jab & Sind Bank in terminating the services of S/Shri Ashok Kumar, Prifpal Singh and Paramjit Singh, Deposit Collec- tor is justified ? If not, to what relief ate the workmen concerned, entitled ?" 2. The appropriate Govt, has referred the dispute relating to Sarvshri Ashok Kumar, Pritpal Singh and Paramjit Singh in single reference order but theso workmen have filed their claim statement and rejoin- der separately. The dates of their appointment as a deposit collector is different but their date of termina- tion is the same which is 17-1-1986.

3. The case of the workmen in brief is thaf Shri Paramjit Singh was appointed as a deposit collector 'on 16-6-1978, Shri Pritpal Singh on 11-1-1981. Shri Ashok Kumar has not filed his claim statement. They continued to work as deposit! collector till 17-1-1986. Every workman had been doing the duties of ledger oosting, mainlaincc of index register of Chhoti Bachat Scheme account, maintenance of subsidiary 'book and maintaining the balances etfc. and doing other duties as required bv the manager of the branch at Khanna branch. They had been working under the, control of the branch manager for all purposes and used to be r>aid monthly wages on performance basis reguiarlv. They used to receive cash from depositors of the bank by rendering srevices at their door steps according to the scheme and policy of the bank. They maintained the books of the bank regularly which were checked by the supervisor concerned regularly. The services of the workmen were terminated on 17-1-1QR6 'vithont¹ fmv charpu sheet. No enquiry was held bv the management, The notice of one month kvas not given to them by the bank. Thus their ser- vicas were terminated illegally contravening the pro- visions oi law.

4. At the time of tlheir tciminatjon of seivices junior pers'ons were retained in service by the bank {lnd new employee¹; were also employed but opportu- jiilj, was not given to the workmen for employment though the post and the work was of permanent nature. The workmen are entitled to bo reinstated |wi'h lull back wages and all benefits.

5. As per written statements filed by the tnanage- bient the ca.se in brief is that tuit- workmen weie not the regular employees of the bank. The relationship of master and servant between them did not exist. Therefore, thuy are not workmen as ue'ined in T.T>. Act, J947. They were enrolled as an agent under the Chhoti Bachat Scheme to collect deposit from the de- positors of the bank. They were required to carry out their functions only ;>s nn agent and not to perform liny other banking work. They were independant agents for fhe performance of collecting sm;;U deposits from, small depositors. They were never paid any monthly rcmimcration hiV- commission was paid to them on I he anovnt of deposits collected by them. The Chhnti Bachat Schune was found by the bank .uneconomical and fraud prone. Therefore, the Vm'v decided to wind up the same scheme, after vending up I he sc-Iii'inr- the agency of the workmen \as no longer required which was discontinued by LIK kink. There services were not terminated but their uf:en-y w;*s discontinued. Therefore, they are net entitled M >jct any relief from the management. Their cK'ini staicmcnis deserve to be dismissed.

t. In thi- case the ti; les of appointment and date of icrmiruition arc admitted facts. It is also an ad- Imitted fa^i th; t all the workmen had worked as a deposit collector at Khnpna Branch of the bank.

7. In this uisj, Shri Pritipal Singh and Paramjil Singh have filed their affidavits and other documents. They were diicctcd to appear in person hi the Tri- Ibunal lor cross-examination but they did not appear and dare to face the cross-examination. They re- mained absent, there) or^. the case was proceeded ex- parte against them.

8. 7 he management has filed the affidavit of. h\ P. S fuijral We had filed separate affidavits re- lating to Sarvshri Paramjit Singh, Pritipal Singh nnd Asl'nk Kumar alony vWh relevant documents. The ireprescntative of the management has not examined iSh. T.P.S Gnjral because no representative of work- man was present to cross-examine the deponent of the nrjnagemeivt Undci these circumstances, this case lv.ii to be decided on the basis of affidavit and rele- vant record.

9. Shri Paramjit Singh and Pritipal Singh have deposed in their affidavits that they were employed by the bank as deposit collectors and they were the employees of the bank. Monthly wages were paid to them Thev were working under the control of branch ,nanager and performed the duties of a bank employees. The witness of the management Shri T. P. S. Gujral has deposed that all the workmen wore appointed as an agent under the Chhoti Bachat Scheme. The} were paid commission as per agree- 771 GI12001—T7

" '••>' ment dated 16-6-1078, in case of Paramjit Singh, dated 3-4-1978. ir> case of Astiok Kumar and dated 0-1-1981 in the e;.se of Pritipal Singh, On perusal of thesj agreements, il is evident that all the work- men v-iv u\ "• i'nled a^. an agent to collect small de- posi' Iron ..mall depositors and the amount so collected was icquired to be deposited in the bank. They v. ere n u paid monthly wages but the commis- sinn was paid to them on the amount so collected b> (hem from the depositors Thus it is clear that the\ were not the regular employees of the bank but they "verc discharging the duties of a collecting agents, As per definition of the workman given m Section 2 of the l.D. Act, 1V47, they arc not the 'workmen', Therefore, the provisions of l.D. Act do not apply in this case. Therefore these peti- tioners are not entitled to get any relief under the provisions of industrial Jaw. Their claim deserved to be dismissed in toto.

10. On the basis of the discussions made in the preceding paragraph uf this award, the reference is answered that the action of the management of Punjab & Sind Bank in terminating the services of S|Shri Ashok Kumar, Pritipal Singh and Paramjit Singh, deposit collectors is justified. Consequently, thev are not entitled to get any relief from the management The parties shall bear their own cost. Anpropriale Government be informed.

C'-Jindiga'h.

3 M - 2 0 0 1.

B. L. JATAV, Presiding Officer New Delhi, the 28lh February, 2001 S.O. 659.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government heieby \ niM'shes the award of the Industrial Tribunal Pune as shown in the t'iine\urr in the Industrial Dispute between the emp- k-vers in relation to the management of Union Bank of Ii'Ji.i and their-workman, which was received by the C:ntral Gowntnent on 27-2-2001.

fNo. L- 12013|19|9S-IR(B-TT)l C. GANGM3HARAN, Under Secy.

ANNEXURE Bl"fOKL SHRI S. G, HAIHALKAR : INDUS- TRIAL TRIBUNAL : PUNE

Reference (T) No. 7 of 1999 Exh, No. O-6.

BETWEEN

Union Bank of India, Jeevan Prakash LIC Building, University Road, Pune (Maharashtra) 41 I 005 ..First Party.

AND

Their Workman

..Second Party.

J a the matter of : Fur adjudication of an industrial dispute pertaining to "Whethei the action of the management of Union Bank of India in not paying the Telephone Operator's Allowance to Shri A. H. G, Shaikh, Telephone Operator i.s legal and justified ? If nut, to what relief the said workman is entitled ?"

APPEARANCES :

Shri V, H. flhadha. Union Representative lor the second party.

Shri R.ivi Khanna, Management Representative for the firsit purly.

AWARD 14th February, 2001

1. This Reference is made by the Central Govern- ment under Sections 10(1 ) ( d) and 10(2-A) of the Industrial Disputes Act. 1947 ('the I.D. Act" here- inafter) for adjudication of an industrial dispute between Union Bank of India First Party and the workmen employed undsr them, . . . . Second Party, as follows : —

"Whether the action of the management of Union Bank of India in not paying tele- phone opera/or's allowance to Shri A. H. G. Shaikh Telephone Operator is legal and justified ? If not, to what relief the said workman is entitled ?"'

After the receipt of the reference from the Govern- ment the notices were sent to the parties to the dis- pute and they appeared in the Court.

Clerical Cadre. As per the Bipartite Settlement (para No. 5.2 tead with para 5.9) the said employee is entitled to get (he Telephone Operator's Allowance at tho rate mentioned above. The; service conditions of (he employees working in the Bank are uniform throughout the Banking Industry and the employees working in the Nationalised Banks are governed by the iami: conditions. The Telephone Operators operating less than three lines are also entitled to get the allowance in question. Henec the dispute is re- ferred to adjudicate as to whether Shri Shaikh, the employee working in the Bank as a Telephone Ope- rator Is entitled to get the Telephone Operator's allowance and if not, to what relief the said employee is entitled ?

4. The First Party submitted the written statement at Exh. C-i and contended that the present dispute cannot be branded as an "industrial dispute". Ac- cording to the Bank, the employee is working in the Bank tance Januaiy, 1^89 and he laised the dispute of the instant nature at too belated stage and there- fore, it suffers from laches. While justifying the ac~ tiou of denying the relief in question to the emp- loyee, it is contended by the Bank that in the appoint- ment letter .liven to the employee it is nowhere stat- ed that the employee will be entitled to get any spe- eiul allowance and on accepting this term of the employment, the employee had joined the service. The Bank referring to the terms of the Bipartite Settlement dated 19-10-1966 further contended that as per the said settlement the work of "Telephone Operator" means the work of PBX board having minimum three lines on regular assignments and therefore, such an ernplovee who is operating only two external lines, is not entitled to claim the dis- puted special allowance. It i<- therefore, submitted that the demand raised in dispute is not substantiated and tfi2 demand therefore, deserves to be rejected.

.s. Each panty to the Reference has examined only one witness. Let us therefore advert ourselves to appreciate the said evidence together with the docu- mentary evidence to adjudicate (he present dispute.

such settlements undoubtedly form the part of the service rules. The employee therefore is entitled to claim that the benefits on the basis of such settle- ment';. Such benefits cannot be refused only on the ground that there was no reference in the appoint- ment letter of the employee that the employee would be entitled to get such an allowance.

rators, ft is the duty of the Bank to give the work of PBX Board having three or mono eternal lines to the employees working as the Telephone Operators and if such an employe© refuses to work; then at the most, it can be said that such an employe* is not entitled to get the said allowance in question. The provision in the Bipartite Agreement, relied upon by the Bank nowhere. speaks about the definition of the workmen working as "Telephone Operator" but it simply speaks of the nature of the work of the Telephone Operator. ] f the Bank did not give such a wort to the employee appointed as a Telephone Operator, the special al- lowance cannot be refused on th& ground that such an employee was operating PBX board with less than three external lines ori regular assignment. It is also not the case of the Bank that the employee working as a Telephone Operator operating the PBX board with less than three external lines and the other em- ployee working as a Telephone- Operator operating the PBX board with three or more external lines belong to the different categories of the workmen or that thetre is some difference in their wages or the status. There are no two categories of the Telephone Operators to make any discrimination!. Therefore. T do nr>t find any justification in th© decision of the Bank to refuse to give special allowance to the employee.

10. I may, at the cost of repetition mention here that the Bank did not place on the record any Service Rules or the terms of the settlement which disentitle the employee working as a Telephone Operator opera- ting the PBX board with less than three external lines, to claim the special allowance, in question.

8. The BipaiMiu Agreement ie]ied upon by the parties to this Reference is admitted and the benefits of it ar; givjn to the employees of various categories working m the Hunk. The Bank is coming with a case that &i per the provisions of this Bipartite Settlement, the payment of the special allowance is made only when the Telephone Operator is required to operate minimum three or more external lines and SIIJCJ the employee has admittedly never worked on the PBX boarJ having three or mure external lines, he is not entitled to get the special allowance called as Telephone Operator¹.' Allowance. 1 have gone through the said Agreement and it appears from the record that as per Chapter V the Special Allowances are given to the workmen of various categories in- eluding the category of the Telephone Operators. Such n c.itegory of workmen nowhere makes any difference amongst the workmen working as the Telephone Operator on PBX Board having three or more external lines and the Telephone Operators 'vorking on the PBX board hsvinjjf less than three lines. V is true that Part 1 of the settlement (pro- duced, dlonij'vith Anncxujv B to the statement of claim) show.-, that the work of Telephone Operator involves operating a Telephone PBX board with minimum three external lines on regular assignment. Taking the help of this provision in the settlement, the Bank is refusing to accept the demand in ques- tion saying that since the employee is operating the telephone PBX board hnving less than three exter- nal lines, .such allowance cannot be granted to him.

11. In Award passed in Reference OGJT-2 : 26 of 1986, the same relief was granted to the employee working in the category of a Telephone Operator in the Bank of Baroda. Though this decision is not binding on this Tribunal as a precedent, still, it acts as a corroboration to the view taken by me. There is nothing on the record to show that the Bank of Baroda ever challenged this decision.

9. This reason putforth by the Bank in refusing to accept the demand in question is devoid of any merits in my view. It has some reasons. Admit- tedly, as per the Bipartite Settlement, the special allowances are given to the workmen of the category called as "Telephone Operators". This category nowhere makes any difference on the point as regards the number of external lines operated by the Tele- phone Operators on PBX board. The terms of the Settlement relied upon by the Bank only given the nature of the work of the Telephone Operators say- ing that the work of such Operators involves operat- ing the telephone PBX board with minimum of three external lines on regular assignments. Thus, even if the employee is working as a Telephone Operator, operating the telephone PBX board with less than three external lines, it cannot be said that such an employee is not +he workman v.oiking as a "Tcle- | phone Operator". Oncer the employee is posted and appointed as a Telephone Operator, he gets the right to claim the special allowance because the Bipartite Settlement nowhere emerges any term that any Tele- phone Operator operating telephone PBX board with less than three external lines is not entitled to get the special allowance when, to repeat again, the special allowance is given td the person working as Telephone Operators and it has nothing to do with the number of the external lines of the PBX board operated by the employee. If the special allowance is to be jzKen as per the Bipartite Settlement to the Telephone Ope-

12. It is also submitted before me in the written notice of the arguments by the Bank that the employee joined! the employment in the year 1989 and the claim wals raised for the first time somewhere in the year 1999. This delay caused in raising the dispute dis-< entitles the employee to claim the special allowance, as urged before me. On the point of delay and laches the reliance is placed by the Bank on the decisions of the Bombay High Court and the Apex Court in the cases of (a) R. Ganesan Vs. Union of India [1993 (67) FLR 436),&&(b) Raj Bhutan Gandhi Vs. Sec- retary Haryana State Elcc. Board [1993-S.CC. (L&S) 407 and (c) State of Punjab & Others Vs. Gurudev Singh [1992(1) L.L.J. 283)]. AH these cases are regarding the industrial dispute whwain the termina- tion orders were challenged after the period of seven years and therefore, it was held that the laches on the part of the employee disentitles him to any equitable reliefs. In case of termination of employment, there is no recurring cause of action and therefore, if the termination order is challenged after a great lapse of time, the said delay disentitles ft© employee from raising Jhe dispute. But the rerotal to pay the special allowance is the recurring cause of action and there- fore, on the txwnt of delay such a rig&t of an employee cannot be denied.

13. It is also submitted before me by the Bank that as per the terms of the Bipartite Settlement, if there is any difference of opinion regarding interpretation of any provisions of such settlement, the matters need to be taken in conciliation of Indian Banks Association arid the Bank of India Jijuki Association; National Federation of Bank Employees, the Bank Employees' Federation of Tndia and the Tnclian Nationalised Banks Employees' Federation, for discussion and settlement. It is submitted before me that without adopting, this recoursr, the employee has strai^hlway raised the dis- pute before the Tribunal, which is not correct. This contention is also of not any merits for the simple reason that the said settlement iri the terms, does not dose the door"p of this TriVmal to the emplovpc who claims the benefits of (he Bipartite Settlement. The Re- ference therefore, cannot be I ejected, on this count.

14. Therefore, T am ')f the view that the demand! in question is substantiated bv the employee. The Bank is, not justified in refusing to 'riant the employee the special allowance in terms of the Bipartite Settlement. The employee in my view, is therefore, entitled to get the Telephone Operator's allowance from the Bank from the date of his appointment as a Telephc no Ope- rator. Hence the Award.

AWARD

The Reference is allowed. The action of the Union Bank of Tndia i.e. the First Party in not paying the Telephone Operator's Allowance to Shri A, H. G. Shaikh is not legal and not justified. The said em- ployee is entitled to ;:ct the Telephone Operator's al- lowance since the date of his appointment at the rate civen in the Bipartite Settlement.

The First Party Bank is ordered to pay the saij '. mployee the Telephone Operator's allowance at the iai>' spiHfied in the Bipartite Settlement from the date of the ippointment.

The parties to bear then: costs.

Award is made accordingly.

14th F- Sruary, 2001.

S. G. HARTALKAR, Industrial Tribunal Pune N^w Delhi, the 28th February, 2001 S.O. 660.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the "entral Government hereby publishes the award of i'i: Central Government Industrial Tribun,'al|Labour Court, Chandigarh as shown in the annexure in the Industrie)] Dispute between the employers in relation to the management ol Punjab National Bank and their workmin, which was received by the Central Gmeinment '.'rt 27 2-2001.

[No. L-12O13 91|98-TR(B-TT')J C. CJANGADHARAN, Under Secy.

ANNEXURE

BEFORE SFTRI B T_. JATAV, PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHANDIGARH.

Case No. I.D. 102[99

The General Secretary, Punjab National Bank, CIO PNB, Amur Market. Jammii Tawi (J&K)

. .. Workman.

Vs.

The Regional Mynagcr, PNB, R.O. 48-A|B, Ghandhinagar, Jannnu (J&K.)

. .. Management.

APPEARANCES :

For the workman • None For the managemtnl : Shri Vinod Kumar.

AWARD

(P^sed on 1st February, 2001) Thr Central Govt, vide Gazette Notification No. L-12OI3|91|98-IR(B. II) dated 31st March, 1999 h 'N referred the following dispute to this Tribunal for adjudication :

"Whether the action of the management of PNB leprescnted through its Regional Manager, Gandhinagnr. Jammu in making payment of Hill and Fuel Allowances to the staff posted in Jammu in general and staff posted in Regional Manager's Office in particular since 1991 to 30-6-1998 is justified ? If rot, to what relief the work- man are entitled to ?"

2. Case repeatedly called. None appeared on be- half of the workman despite several notices. It ap- pears that workmanlUnion is not interested to pursue with the present reference. In view of the above situ- ation, the present reference is returned for want of prosecution. Appropriate Govt, be informed.

Chandigarh.

1-2-2001.

B. L. JATAV, Presiding Officer iim

Rs, 1200-2040 with usual allowances admissible under the rules and were nlso getting other service benefits of uniform, E.L. casual leave etc. but the workman was denied all these benefits.

New Delhi, the 5th March, 2001

3. The workman has further alleged that his ser- vices were terminated w.e.f. 9-5-95 without assigning any valid reason. The action of the management terminating his services was wholly illegal and un- just. The workman was performing job which was of regular and permanent nature.

S.O. 661.—In pursuance of Section 17 of the In- dustrial Disputes Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes the Award of the Central Government Industrial Tribunal New Delhi as shown in the Annexing in the Industrial Dispute between the employers in relation to the management of F.C.I.. New Delhi and their workman, which was received by the Central Government on 2-3-2001.

[No. L-22O12[117|96-IR(C^II)] N. P. KASHVAN, Desk Officer

ANNEXURE

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

TRIBUNAL, NEW DELHI

I.D. No. 100|96

In the matter of dispute between:

Shri Naresh Pal C|o Delhi Labour Union, Aggarwal Bhawan, O.T. Road, Tis Hazari, Delhi-110054.

Versus

purely on hired basis for a fixed period. The Manage- ment has further staled that since the workman was employed puiely on temporary basis for a fixed terms tor the February, 95 to March 95. His services has automatically came to an end and the question of-his termination of his services never arisen.

7. It is further stated that since workman was en- gaged only for a short period from thtf month of i'ebrunry, 95 Jml M.ucli, 95 hence question of en- paging him continuously for 90 days never arisen.

8. It is further stated th.it since workman was engaged only for ;i period from the month of Feb- ruary, 95 and Ma.ch, 95 hence question of engaging him continuous]} for 90 days never arisen.

9. It is further stated that since workman was en- gaged only for a short period from month of Feb- ruary, 95 and" March, 95 hence quesstion of engaging him ccmtinucii^lv for 90 days never arisen.

10. The Mana5eni:nt has denied that itoiy hostile discrimination was shown to thj workman. Manage- ment has stated that sin^e workman v.as never given regular appointment question of hi; retrenchment pre- paration of seniority lit>t and serving ot notice or pay- ment of compensation do not arice. Management has stated iKit the reply of demand notice received was already given to the workman.

11. In the rejoinder filrd bv the workman hi. bus reiternted his 3l legations made in the statement of claim.

12. It appears tha< ^Oc order dated 1-8-97 nrmagement was proceeded ex-partc in the case. TTic management has not filed any evidence- in the case. Workman hns onlv Pled his affidavit ,T-J has exa- mined himself as WW1 AfTiJa\it nf thr workman hi-s been marked as Fx. WW1/1.

13. Arguments- on behalf of the vorl-tivin ha^ been heard and netessary nmfeiial available on the record considered.

14. As regards the preliminary objection of the rrh'ltiagement about the illegality of the reference which is based mainly on fhe ground tint terms of reference neither discloses any cai^> of action noi the icla-< tionship ot employei and employee between the management and Ihe .vorkmuv and also that the work a'nd was never given employment under .the manage- ment on a legular bu-iis and simplv bein? a casual worker hfl cannot claim h> reinstatement more pacti- cularly when his teniiiiutinn had never taken place. T h ee nllccatifflis of the mt;ni:f™*ment T find can be decided effectively and conveniently nfter reenrdinc thr findings on the merit of the-case. Hence I firstly proceed to examine t"ie whole case on merit w.&A. 9-5-95. The Management has not denied the applicability of the standing orders as stated by the workman but has asserted that since the workman was employed and had worked for a short penod of two months viz. February, 95 and March, 95 the question ol his continuous employment for 90 days does not arise. On consideration of the written statement of I'he management H is found that the workman's case oi his illegal terminUion has been denied by the management only on the ground that the workman v\.:s employed only for a fixed period of two months i.e. February, 95 and March, 95 and his services had automatically come to nn end att;r the expiry of the period of two months

lfi. The question thus anses whether the workman had continuously worked for 90 days from 1-2-95 to 9-5-95 or he was employed only for a fixed •vjiod of tvo months as alleged by the management.

17. The workman in support of his allegations has filed his affidavit and has corroborated the facts alleged in the statement of claim. He has examined himself also on oath as WWl. He has proved his affidavit marked as WWi[l. He could not be cross- evN'minecT by the management and bis vvhole state- ment goes uncontroverted. The affidavit of the woikman filed in the cuse has properly been verified .and duly sworn before ths competent authority aud in my view it cannot thus be disbelieved. Workman lias also filed documentary evidence to show that he b-rd vvurked upto 9-5-95. He has filed photo copy of his challan certificate being challanecl bv Delhi Traffic Police for the improper driving of vehicle of No. DL3OE725. It is paper No. U-10 of the list of the documents of ihe workmen. The workman's cate- gorical statement is that he vas challenged by the police on 6-4-95. While driving the management's Jeep Car No>, DLr3C-E-725 he has further filed photo copy of the report lodged by the workman at the police station of ChanWa Pun Demi on accident of the said'Jeep Caj No. DL3C-B-725 is wiih a Maruti Car on 4-5-95. The Management thunph has denied about the fact that the Jeep Car aforesaid was ehallened by the- Traffic Police and has asserted that the Ion lvok of the riH vehicle maintained in the department shows tint the said Jeep Cur waK never taken to Gur^aon at 12 Noon on fi-4-95 and the doe'iments filed bv (he workman wi" " fa^ricatnd one. The Mma^ement has also stntr-d in the wriiten st-itc- menf 'hat thp photo copy of the log book has been filed in the case.

18. After having considered entire facts and circum- stances of the case in this respect T dn not find the management's case 'is sJifKhcforv. The p-finnpe- mmt hns failed to file photo copy of the \n" book. The Management ha^ not nmdnced anv evidence in support of its case when as seen ubovp the vorVman has filed his affidavit md hns stated on oath nlso. cince tho lvlntiaprmmt has failed to file Inc book as ••fi'ted bv it fl-v chiMnn certificate f'l^d by the wnrk- nnn in my v;cw cannot be doubted.

1:95 20. Now coining to the wokman's contention that he has acquired permanent status after cornplotmg his continuous employment for 90 days in view of the fact that the evidence adduced by him and has been found reliable I do not find any reason to disbelieve the workman and I find and! hold thet the workman had remain in continuous employment under the management for 90 days w.cf. 1-2-95 to May, 95 and had acquired permanent status in service.

23. In the present case it is already found above that on account ot acquiring a permanent status in service by the workman he could be terminated from the service only alter service ot charg; sheet and after holding domestic -inquiry. Thus in my view the workman's case is not covered under the definition of retrenclunent given in section 2(oo) of the Act and all the pleas taken by the workman based on his re- Uenchmcnt thus cannot accepted.

21. The workman's case specifically is that neither any charge sheet was served on him nor any domestic enquiiy was hold against him before terminating his services.

24. Now coming to the management's preliminary objections I find that the management's objection against legality ot the reference is mainly based on the tact that the workman was never employed¹ on a regu- lar ba<>is and no relationship of master and servant had existed between them after the finding of acqui- ring permanent status in service by t,het workman as recorded, above I do not find that the said objection of The management is tenable and still holds good. I do not agree with the management's contention that in terms of reference the relationship of master and servant between the management and the workman was required to be mentioned as a fac; the term of reference in my view is nothing but an issue framed for the adjudication of the dispute between the parties and it is not required that each fact on which issue is based be given. The Management's objection" I find is devoid of merit and it is not accepted.

25. In view of the discussions made above it is fouud that the workman's termination from service, is illegal and unjust and it deserves to be quashed. Tho workman shall be entitled for hi; reinstatement in ser- vice from the date of termination of his services with all back wages and other servic: benefits available in accordance with law. The terms of reference is ans- wared in the like manner and award is also given accordingly.

Further it is ordered that the requisite number of copies of Ihis award may be forwarded to the Central Govt, for necessary action at their end.

which was received by the Central Government on 07 March, 2001.

[No. L-22012/565/99-C-II]

N. P. KESHVAN, Desk Officer

• ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, NAGPUR PRESENT:

Shri B. G. Saxena, Presiding Officer.

Reference No. CGIT: 278/2000 Employers in relation to the Management of Sub Area Manager, Chirmin Sub Area

AND

Their Workman Shri Vidya S/o Manglu

AWARD

The Central Government, Ministry of Labour, New Delhi, by exercising the powers conferred by clause (d) of sub section (1) and sub section 2(A) of - section 10 of the Industrial Dispute Act, 1947 has referred this dispute for adjudication vide order No. L-22012/565/99/IR(CMII) dated 14|15|09-2000 on the following schedule.

SCHEDULE

"Whether the action of the Sub Area Manager, Ghirmiri Sub Area of SECL, PO : Chirmiri, Distt. Korea (MP) in terminating Sh. Vidya S/o Manglu, Ex exposive Carrier from company services w.e.f. 30-10.-98 is legal and justified ? If not, to what! relief the workman is entitled ?"

This reference has been sent by Government of India, Ministry of Labour, New Delhi for adjudication to this court and the nortecs were issued to the par- ties on 25-9-2000.

On 12-10-2000 an application was submitted by the workman that he wants to get! the reference ti ans- ferred to the CGIT Jabalpur and has moved an application to the Ministry of Labour at New Delhi about it On 16-11-2000 again the Secretary of the union moved an application for adjournment. He was directed to bring the transfer order if any has been passed. Again, the case was adjourned to 05-01-2001. On 05-01-2001 Sh. Ravindra Tiwari, Sachiv, Bhartiya Khadan Mazdoor Sangh moved an application for adjournment. The case was adjour- ned to 28-02-2001.

Today, the case was taken up. Neither the work- man turned up nor his representative of union appeared to file statement of claim. The above applications moved on behalf of workman show that he is not interested in submitting his statement of claim and he is deliberately avoiding to file statement of claim.

In the above circumstances when the workman is himself not interested in proceeding with the case, it is no use to keep the case lingering on. The refe- rence is therefore disposed off for want of prosecution.

" ORDER

The reference is disposed off for want of prosecu- tion as no statement of claim has been filed by the workman or his representative of the union.

Dated: 28-02-2001

B. G. SAXENA, Presiding Officer New Demi, the 9th March, 2001 S.O. 663.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes the Award of the Central Government Industrial Tribunal/Labour Court, Nagpur, as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of W.C.L. and their workman, which was received by the Central Government on 07 March, 2001. _ _ _ __

[No. L-42011 /9(V99-C-II] N. P. KESHVAN,, Desk Officer

ANNEXURE BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, NAGPUR PRESENT:

' Shri B. G. Saxena, Presiding Officer. Reference No. CGIT: 254/2000 Employers in relation to the Management of The General Manager, Kanhan Area, WCL

AND

Shri Chandrabhan

AWARD

The Central Government, Ministry of Labour, New Delhi, by exercising the powers conferred by clause (d) of sub section (1) and sub section 2(A) of section 10 of the Industrial Dispute Act, 1947 has referred this dispute for adjudication vide order No. L-4201 l/90/99/IR(DU) dated 25|28-8-200O on the following schedule.

ii$1

SCHEDULE

which was received by the Central Government on 7th March, 2001.

[No. L-22012/466/99-C-1I]

N. P. KESAVAN, Desk Officer

ANNEXURE "Whether the action of the Manager, Tandsi Project of WCL, PO: Tandsi, Distt. Chhindwara (MP) in dismissing the ser- vices of Shri Chandrabhan S/o Triloki, Trammer of Tandsi Project of WCL, Kanhan Area w.e.f. 23-6-97 is justified? If not, to what relief the workman is en- titled ?"

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, NAGPUR

PRESENT:

Shri B. G. Saxena, Presiding Officer.

Reference No. CGIT: 212/2000 In this reference notices were issued to both the parties for appearing in the court on 3-10-2000. The notices were sent to the partiss on 17-09-2000. The notice was sent to the Sccretaty, R.K.K.M.S., PO : Chandametta, Distt. Chhindwara on 18-09-2000 as per despatch register serial No. 866. Neither the workman turned up nor any representative of his union turned up to contest the case.

Employers in relation to the Management of W.C.L.

AND

Their Workman Shri Kalveni Odel Yenkati.

AWARD In this case 30-10-2000, 4-12-2000, 25-1-2001 and 22-2-2001 were fixed for filing the statement of claim by the workman. The workman Chandrabhan or the representative of his union did not file any statement of claim in this ca.se. In the aforesaid circumstances the reference should be disposed off for the want of prosecution.

ORDER

The Central Government, Ministry of Labour, New Delhi, by exercising the powers conferred by clause (d) of sub-section (1) and sub-section 2(A) of section 10 of the Industrial Dispute Act, 1947 has referred this dispute for adjudication vide order No. L-22012|466|99-IR (C-1I) dated 28-6-2000 on the following schedule.

The workman or his union representative did not Submit any statement of claim in this case though several dates were given as mentioned above. The reference is therefore disposed off for want of prose- cution.

SCHEDULE Date: 22-2-2001

B. G. SAXENA, Presiding Officer

"Whether the action of the management namely Sub Area Manager, Hindustan Lalpeth U/G Sub Area of WCL, PO: Lalpeth, Distt. Chandrapur in dismissing Sh. Kalveni Odel Yenkati, Ex. Coal Filler (Loader), Hindustan Lalpeth Colliery is legal, proper and justified ? If not, what relief the workman is entitled and from what date ? What other directions are necessary in the matter ?"

This reference was received on 18-8-2000 and notices were issued to the parties for appearing and submitting the statement; of claim on 16-10-2000.

On 16-10-2000 the workman did not appear and no statement of claim was filed. 7-12-2000, 2-1-2001, 2-2-2001, 8-2-2001, 13-2-2001 and 1-3-2001 were fixed for filing statement of claim. No- body from the side of workman turned up to file the statement of claim. On the other hand a telegram was received on 6-8-2001 from the workman Sh. Kalveni Odel Yenkati for the adjournment of the case.

New Delhi, the 9th March, 2001

After this telegram, 8-2-2001, 13-2-2001 and 1-3-2001 were fixed, but on these dates also the workman did not turn up.

S.O. 664.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes the Award of the Central Government Industrial Tribunal/Labour Court, Nagpur, as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of W.C.L. and their workman,

The counsel for management Is present. The Sub Area Manager has submitted application on 8-2-2001 that the workman was absenting from his duty from 3-3-86 and after holding domestic enquiry his service was terminated on 30-8-199S. He remained absenti298 THE GA^ETtt OF INDIA : MARCH 24, 2001/ CHArtRA 3, 1923 [PART II—SEC, 3(ii)] regularly from 1990 to 1996 and did not work for a single day during this period.

In view of the above facts the workman is not entitled to any relief. The workman has himself been avoiding to file statement of claim as discussed above.

ORDER

The workman has not submitted any sfatement ol claim. In view of the circumstances discussed above the workman was regularly absent from 1990 to 1996 and his attendance was nil. The workman is not entitled to any relief.

The reference is answered accordingly.

Date: 1-3-2001

B. G. SAXENA, Presiding Office New Delhi, the 9ih March, 2001 S.O. 665.^-In pursuance of Section 17 of the •.industrial Dispute Act, 1947 (14 of 1947), the 'entral Government hereby publishes the award of \e Central Government Industrial Tribunal[Labour '_ourt, Nagpur, as shown in the Annexure in the industrial Dispute between the employers in relation 'j the management of S.E.C.L. and their workman, •hlch was received by the Central Government or 7-3-2001,

[No. L-22012/565/99-C-1I1 N. P. KESHVAN, Desk Officer

ANNEXURE

,!

. Shri B. G. -Saxena, Presiding Officer.

Reference No. CGIT : 249[2000 Employers in relation to the Management of - -SvE.C.L. ••••-

AND

Their Workman Shri Shoukhlal S|o Dharam

AWARD

The Central Government, Ministry of Labour, New Delhi, by exercising the powers conferred by clause (d) of Sub-section (1) and Sub-section 2(A) of Section 10 of the Industrial Dispute'Act, 1947 has referred this dispute for adjudication vide order No. L-22012/565/99-JR(CM-H)-.dated 27-1-, 7-8-2000 on the following Schedule.

SCHEDULE

"Whether the action of the management of SECL, Dbelwadih Project, Distt. Korba (M.P.) in terminating the services of Shri Shoukhlal S|c Dharam, Loader w.e.f. 12-12-1993 is justified? If not, to what relief the workman is entitled ?"

This reference was received from Ministry of Labour, New Delhi and the case was registered on 5-9-2000. Notices were issued to both the parties on 7-9-2000 to appear in the court and file the state- ment of claim and other documents on 20-10-2000. Neither the Secretary of the Chhatisgarh Swatantra Mazdoor Union turned up nor workman Shoukhlal appeared in the court. The case wa3 again adjourned to 11-12-2000, 29-12-2000 and 1-1-2001.

Both the parties absented. Neither the workman submitted any statement of claim nor the Secretary of the union appeared in the court. The case wai adjourned to 30-1-2001.

On this date i.e. 30-1-2001 the order was passed for issuing notices to both the parties by registered post and the case was again adjourned to 21-2-2001. The workman leccived the notice on 1-2-2001. The acknowledgement receipt No. 249|2000' dated 3O-1-20O1 shows that the notice was served on the claimant.

No statement of claim was filed either by the workmnn himself or the Secretary, Chhatisgarh Swa- tantra Mazdoor Union. The case was again adjourned to 26-2-2001 for oidcr.

In this case both the parties are avoiding to appear in the court since 20-10-2000. The workman has not submitted any statement of claim. In view of the above facts, it is evident that the workman is not taking interest in contesting his claim either himself or through union. The reference should be disposed off for want of prosecution.

ORDER

The workman Sh. Shouklal S|o Sh, Dharam did not trun up to submit his statement of claim in the court. His union representative is also did not prefer to file any statement of claim though the case was 1299"

•J In the. Schedule before paragraph* 2 after number 16 the following'entries shall be inserted, namely :—

adjourned repeatedly for providing opportunity to the workman. The reference is therefore disposed off for want of prosecution.

,Datcd : 26-2-2001

17,

The State of UtiaranchaL B, G. SAXENA, Presiding Officer

Regional Provident Fund Commissioners/Assistant, Provident Fund Commissioners working in Uttaranchal Region.

18.

The State of Jharkhand.

Regional Provident Fund Commissioners/Assistant. Provident Fund Commissioners working in Jharkhand Region.

19.

The State of Chliatisgarh.

Regional Provident Fund Commissioners/Assistant. Provident Fund Commissioners working in Clihatisgarh Region.

20.

The whole of India except the State of J&K.

Regional Provident Fund Commissioners/Assistant Provident Fund Commissioners at Head Office.

[F. No. R-11013|3|95-SS.H]

J. P. SHUKLA, Dy. Secy.

New Delhi, the 9th March, 2001

New Delhi, the 13th March, 2001 S.O. 666,—In exercise of Hie powers conferred by clause (kb) of Section 2 of the Employee's Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following amendments in the notification of the Government of India in the Ministry of Labour S.O¹. No. 796 dated the -1th March. 1997 published in Part II Section 3(ii) of the Gazette of India dated 22nd March. 1OQ7T namely:—

S.O. 667,—Tn exercise of the powers conferred by Sub-seclion (3) of Section 1 of the Employees' State Insurance Act, 1948 (34 of 1948) the Central Government hereby appoints, the 1st April, 2001 as1300 THE QAZETf&fa? INDIA : MARCH 24, 2001/ CHAITRA 3, 1923 [PART II—SEC. 3(U)] the date on which the provisions of Chapter IV (except Sections 44 and 45 which have already been brought into force) and Chapters V and VI (except Sub-section (1) of Section 76 and "Sections 77, 78, 79 and 81 which have already been brought into force) of the said Act shall come into force in the following areas in the State of Andhra Pradesh namely:—

New Delhi, the 14th March, 2001 "The areas falling within the limits of Revenue villages of Yawapur, Ashrithabad, Yenkcy- pally, Machireddypally, Athmakur and Mubarkapur (A) in Sadashivpet Mandal in Medak District in Andhra Pradesh."

[No. S-38013I8J2001-SS.I]

L. H. RUOLNGUL, Under Secy.

S.O. 668.—In exercise of the powers conferred by Sub-section (3) of Section I of the Employees" State Insurance Act, 1948 (34 of 1948) the Cen- tral Government hereby appoints the 1st April, 2001 as the date on which the provisions of Chapter IV (except Sections 44 and 45 which have already been brought into force) and Cliaipters V and VI (except Sub-section (1) of Section 76 and Sections 77, 78, 79 and 81 which have already been brought into force) of the said Act shall come into force in the following areas in the State of Kerala, namely :—

"The areas within the Revenue villages of Nalleppilly in Chittor Taluk, Palakkad ^J District."

[No. S-38O13|9|2OO1-SS. I] L. H. RUOLNGUL, Under Secy.

Printed by the Manager, Govt, of India Press, Ring Road, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054, 2001