This Gazette may contains Multiple Subjects

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

PUBLISHED BY AUTHORITY

No. 22] NEW DELHI, SATURDAY, JUNE 2, 2001/JYAISTHA 12, 1923 Separate Paging is given to this Part in order that itmaybefiledasa

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 23rd May, 2001

S.O. 1161.—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 1532 Gl/2001— 1

(2379) 2380 THE GAZETTE OF INDIA:JUNE 2, 2001/JYAISTHA 12, 1923 [PAKT II—SEC. 3(ll>] !NO. 25 of 1946), the Central Government with the consent of the State Government of Assam vide Political (A), Department, Dispur Notification No. PLA 106|2OOO|43-A dated 12th March, 2001 hereby extends the powers and jurisdiction of the members of the Delhi Special Police Establishment to die vvJiole of the State of Assam for the investigation of offences punishable under section 302|307|427|120(B)|121(A) IPC read with section 4|5 Explosive Substance Act; 1908, 25 (I) (B) Arms Act, 1959 and section 10|13 Unlawful Activities (Prevention) Act, 1967, and any attempt, abetments and conspiracies in relation to or in connection with the said offence or any offence(s) committed or arising out of the same fact(s\ with regard to FIR No. 6112000 dated 27-2-2000 registered at Police Station, Nalbari, Assam relating to the assassination of Nagen Sarmah, Minister of Forest & PWD of Government of Assam and 4 others.

[No. 228|49[2000-AVD. ill] HARI SINGH, Under Secy.

MINISTRY OF FINANCE (Department of Revenue)

ORDER

New Delhi, the 18th May, 2001

STAMPS

S.O. 1162.—In exercise ojf the powers conferred by clause (a) of Sub-section (1) of Section 9 of the Indian Stamp Act, 1899 (2 of 1899), the Central Government hereby remits the duty with which the bonds in the nature of promissory notes described as 14.25% Non-Convertible Redeemable Taxable Bonds-Series I bearing distinctive numbers from 1 to 5000 aggregating to rupees fifty crore only issued by the Punjab Roads and Bridges Development Board, Chandigarh, are chargeable under the said Act.

[No. 19J2001-STAMPS F. No. 33]32]99-ST] ABHAY TRIPATHI, Director (Sales Tax)

ORDER

New Delhi, the 19th April, 2001

STAMPS

S.O. 1163.—In exercise of the powers conferred by clause (b) of Sub-section (1) ot Section 9 of the Indian Stamp Act, 1899 (2 of 1899), the Central Government hereby permits State Bank of Travancore, Trivan- drum to pay consolidated stamp duty of rupees one crore only chargeable on account of the stamp duty on bonds described as State Bank of Travancore Bonds (IV Series) in the nature of promissory notes bearing dis- tinctive numbers from 30001 to 40000 aggre- gating to rupees one hundred crore only, allotted on 23rd March, 2001 by the said Bank.

[No. 1812001-STAMPS-F. No. 3312212001-ST] R. G. CHHABRA, Under Secy.

O R D ER

New Delhi, the 19th April, 2001

STAMPS

S.O. 1164.—In exercise of the powers cjonferred by clause (b) of sub-section ( 1) of section 9 of the Indian Stamp Act, 1899 (2 o^f 1899), the Central Government hereby permits Mis. ICICI Limited, Mumbai to pay qonsolj dated stamp duty of rupees seven crore forty nine lakh forty two thousand qight hundred thirteen only chargeable on account of the stamp duty on 1998475 ICICI Unsecured Redeemable Bonds (February. 3001 Issue) in the nature of Debentures aggregating to rupees nine hundred ninety nine crore twenty three lakh seventy five thousand only, to be issued by the said company.

[No.l7|2001STAMPS-F.No.33|20|2001-STl R. G. CHHABRA, Under Secy.

2381

O R D ER

New Delhi, the 19th April, 2001

STAMPS

S.O. 1165.—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 Industrial Development Bank of India, Mumbai to pay consolidated stamp duty of rupees five crore ninety nine lakh thirty five thousand fifty only chargeable on account of the stamp duty on bonds described as IDBI Flexibonds-10 (52465 Bonds in the dema- terialised form and 1146236 Bonds in the form of Promissory notes) aggregating to rupees five hundred ninety nine crore thirty five lakh five thousand only, to be issued by the said Bank.

[No.l6|2001-STAMPS-F.No.33|19|2001-STl R. G. CHHABRA, Under Secy.

2382 "WE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA it, 1923 [PART II-^SEC, 3(flfr

ORDER

New Delhi, the 21st May, 2001 S.O. 1166.—Whereas the Joint Secretary to the Government of India, specially em- powered under Sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974), issued order F. No. 673! 06|2001-Cus. VIII, dated 13-03-2001 under the said sub-section directing that Shri Mukesh Nagindas Vora, S|o Shri Nagindas Bora, Rio 173, Jolly Maker 1, Culfy Parade, Murnbai- 400005 be detained and ktpt in custody in the Nasik Road Central Prison, Nasik with a. view to preventing him smuggling goods in future.

2. Whereas the Central Government has reasons to believe that the aforesaid person has absconded or is concealing himself so that the order cannot be executed.

3. Now, therefore, in exercise of the powers conferred by Clause (b) of Sub-section (1) of Section 7 of the said Act, the Central Government hereby directs the aforesaid person to appear before the Commissioner of Police Mumbni within 7 davs of the pub- lication of this order in the Official Gazette.

[F. No. 673|06l2001-Cus. VIII] S. C. GULATI, Under Secy.

ORDER

New Delhi, the 23 rd May, 2001 S.O. 1167.—Whereas the Joint Secretary to the Government of India, specially em- powered under Sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) issued order F. No. 673| 03]2001-Cus. VIII, dated 19-4-2001 under the said Sub-section directing that Shri Parvinderjeet Singh Bindra S|o. Late Amrik Singh, R|o Bindra Niwas. Street No. 8-C, House No. 26, Central Town. Jalandhar City (Punjab) be detained and kept in custody in the Central Jail, Jalandhar with a view to preventing him from acting in any manner prejudicial to the Pugmentation of foreign ex- change in future.

2. Whereas the the Central Government has reasons to believe that the aforesaid per- son has absconded or is concealing himself to that the order cannot be executed.

3. Now, therefore, in exercise of the powers conferred by Clause (b) of Sub-section CD of Section 7 of the said Act, the Central Government hereby directs the aforesaid per- son to appear before the Senior Superinten- dent of Police, Jalandhar within 7 days of the 2383

has absconded or is concealing himself so that the order cannot be executed.

publication of this order in the Official Gazette.

[F.No. 673|03|2001-Cus.VIII]

S. K. SINGH, Under Secy.

3. Now, therefore, in exercise of the powers conferred by Clause (b) of sub-section (1) of Section 7 of the said Act, the Central Government hereby directs the aforesaid per- son to appear before the Director General of Police, Karnataka within 7 days of the publication of this order in the Official Gazette.

[F.No. 673)11 |2001-Cus. VIII] VIJAY K. SHARMA, Dy. Secy.

ORDER

New Delhi, the 23rd May, 2001

S.O. 1168.—Whereas the Joint Secretary to the Government of India, specially em- powered under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) issued order F. No. 673 ll|2001-Cus. VIII, dated 23-03-2001 under the said sub-section directing that Shri K. Mohamed Asif S|o Shri K. Abdul Rasheed, 5|317, Mangalore Road, Karkala, Uduppi District, Karnataka be detailed and kept in custody in the Central Prison, Bangalore, with a view to preventing him from smuggling goods in future.

2. Whereas the Central Government has reasons to believe that the aforesaid person 5384 THE GAZETTE OF INDIA : JtlNE 2, 2001/JYAISTHA 12, 1923 [PART II—SEC. 3(ii>] CENTRAL BOARD OF DIRECT TAXES

New Delhi, the 16th May, 2001

S.O. 1169.—It is notified for general infor- mation that enterprise, listed at para (3) be- low has been approved by the Central Government for the purpose of section 10(23G) of the Income-tax Act, 1961, read with rule 2E of the Income-tax Rules, 1962, for the assessment years 2001-2002, 2002- 2003 and 2003-2004.

2. The approval is subject to the condition

that : -

OFFICE OF THE CHIEF COMMISSIONER OF CUSTOMS, GUJARAT ZONE

Ahmedabad, the 22nd February, 2001 (i) the enterprise|industrial undertaking will conform to and comply with the provisions of section 10(23G) of the Income-tax Act, 1961, read with rule 2E of the Income-tax Rules, 1962;

No. 112001 (CCO-GUJARAT) (ii) the Central Government shall with- draw this approval if the enterprise industrial undertaking :—

(a) ceases to carry on infrastructure

facility; or

S.O. 1170.—In exercise of the powers con- ferred on me under Section 9 of the Customs Act, 1962, delegated vide Notification No. 33]94-CUS(NT) dtd. 1-7-1994 issued clause (a) of under Section 152 of the Customs Act 1962, I, the Chief Commissioner of Customs, Gujarat, Ahmedabad hereby declare Bodakdev Groin Panchayat, Taluka Dascroi, of Ahmeda- bad District in the state of Gujarat, to be a Warehousing Station under Section 9 of Customs Act, 1962.

[F.No.VHI|48-107lTlCCO-2000]

MAHENDRA PRASAD, Chief Commissioner (b) fails to maintain books of account and get such accounts audited by an accountant as required by sub- rule (7) of rule 2E of the Income- tax Rules, 1962; or

3. The enterprise approved is of Stage I (4x 250 MW) Tehri Hydro Electric Project alongwith associated transmission system in Uttar Pradesh|Uttranchal by M|s. Tehri Hydro Development Corporation Limited, 4lh Floor, A-Wing, Kribhco Building Noida-201301 (F.No. 205(1812001 (ITA.II).

[Notification No. 126)2001 |F. No. 205|18| 200MTA-II]

KAMLESH C. VARSHNEY, Under Secy.

2385

measuring 246 SQMTS as the specified ware- housing area to be known as Independent Bonded warehouse (situated in the factory premises of M|s. JCTLDT., Chohal) as shown in the ground plan duly approved for the said purpose and allow de-hiring of the already existing godown measuring 1080 SQMT. All the terms and conditions of the aforesaid agreement (between JCT LTD., Chohal and Regional Manager Warehousing Corporation Chandigarh) shall remain in force all the times.

The existing notification No. 2|96-Customs dt. 17-07-96 is amended to the extent given above,

rC.No.IV(16)CWC[TECH|41[2K|1760]

LAL SINGH, Assistant Commissioner CENTRAL EXCISE DIVISION

Pathankot, the 13th March, 2001

No. H2001-CUSTOMS

CORRIGENDUM

Pathankot, the 1st May, 2001

S.O. 1172.—Reference Notification No. J| 2001-Customs dt. 02-03-2001 issued Vide this office even C. No. 1760 dt. 13-03-2001.

In the 7th line, for the Words "Imported duties raw material" the words "Imported dutiable raw materials Stores & Spares & Capi- tal Goods" be read.

In the line No. 16 & 17, for the word "De-

Hiring" for word "De-notify" be read.

[C.No.IV(16)CWC-JCT|TECH|41|2K[2715- S.O. 1171.—Whereas the Assistant Commis- sioner, Central Excise division Pathankot had appointment 1080 SQMT area as the specified warehousing area known as Independent Public Bonded Warehouse (situated in the factory premises of M|s. JCT Ltd.: Choh.⁰.¹, Hoshiarpur) which was leased on manage- ment basis to Central Warehousing Corpora- tion as a godown as per their agreement dt. 17-04-96 between M[s. JCT Ltd., Cbohal and Regional Manager. Central Warehous- ing Chandigarh to be a Public Bonded Ware- house wherein imported dutiable raw material was to be deposited without payment of duty, And the said godown not being in suitable condition now. the warehouse Manager hiv- ing requested for de-hiring of the said fodown and shifting to new proposed three godowns measuring 246 SQMT within the same factory premises, I, in exercise of the power conferred upon me by Section 57 of the Custom Act, 1962, hereby appoint the said three godowns

16] LAL SINGH, Assistant Commissioner 23S6 THETCJAZETTE OF INDIA: JUNE 2, 2001/JYAISTHA 12, 1923 [FAST H—SEC. 3(ii)] (Department of Economic Affairs)

(Banking Division)

New Delhi, the 18th May, 200]

S.O. 1173.—In exercise of the powers conferred by sub-section ()) of Section 6 of the National Bank for Agriculture and Rural Development Act, 1981, the Centra) Government, hereby nominates the following persons as directors of National Bank for Agriculture and Rura] Development for a period of three years commencing on 18th May, 2001:—

1. Swami Shankarananda,

Secretary, Rarnakrishna Mission Ashram, Ranchi.

In pursuance of clause (b) of sub-section (1) of Section 6 read with sub-section (2) of Section 7 of tho National Bank for Agriculture and Rural Develop- ment Act, 1981.

-do-

In pursuance of clause (c) of sub-section (1) of Section Z Shrj Shanksrrao Narayanrao Joshi, Trustee, Krishi Vigyan Kendra, Pravara Institute of Research & Education in Natural and Social Science, Loni Distt. Ahmednagar

6 read with sub-section (2) of Section 7 of the 3- Dr, Amrita Pate],

National Bank for Agriculture and Rural Develop- Chairman, National Dairy Development Board, Anand

ment Ack, 198J.

4, Prof. Vijay Shankar Vyas,

-do-

Professor Emeritus, Institute of Development Studies, Jaipur.

2387 5. Secretary Agriculture/Agriculture Pipduction

Commissioner, Tamilnadu Government, Chennai

In pursuance of clause (e) of sub-section (1) of Section 6 read with sub-section (2) of Section 7 of the National Bank for Agriculture and Rural Develop- ment Act, 1981.

-do-

6, Secretary Agriculture/Agriculture Production

Commissioner, Government of Assam, D.'spur

1532 GI/2001 —2 2388 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1925 fPA*T II—Sic. 3$)] New Deilhi, the 24th May, 2001 S.O. 1175.—In excrciye of the powers conferred by sub-section (J) of Section 9 of the Reserve Bank of India Act, 1934, the Central Government hereby appoints the following persons to be the members of the Northern Area Local Board of the Reserve Bank of India for a period of four years with cfleet from 24th May, 2001 :—

1. Shri Preni Nath Khanna, Chartered Accountant, M/s. P. N. Khanna & Company, New Delhi.

2. Dr. Ram Nath,

Ex-Professor & Vice Chancellor, CSA University of Agri. & Tech., Kanpur.

3. Shri Mitha Lai Mehta, Former Chief Secretary, Government of Rajastnan, Jaipur.

4. Dr. Pritam Singh,

Director, Indian Institute of Management, Lucknow.

2. In accordance with the provisions of sub-section (3) of Section 9 of the Reserve Bunk of India Act, 1934, consequent to appointment of the members as mentioned in para 1 above, the following existing members of the Northern Area Local Board of the Reserve Bank of India shall cease to be members with effect from 24th May, 2001 :—

1. Smt. Shobhana Bhartia

2. Shri Brij Mohan Lall

3. Shri D. H. Pai Panandikar.

[F. No. 7/6/98-B.O.r(ii)] RAMESH CHAND, Under Secy.

New Dejhi, the 24th May, 2001 S.O, 1176.—In exercise of the powers conferred by sub-section (1) of Section 9 of the Reserve Bank of India Act, 1934, the Central Government hereby appoints the following persons to be the members of the Western Area Local Board of the Reserve Bank of India for a period of four years with effect from 24th May, 2001 :—

1. Shri K. Vcnkatesan,

Former, Executive Director, Asian Development Bank, Manila.

2. Shri Dattaraj V. Salgaocar,

Managing Director, V. MT Salgaocar & Bro. Ltd., Vasco Da Gama, Goa.

3. Shri Jayarrti Lai Bavjibhai Patel, Vice-Principal, S. B. Garda College, Navsari (Gujarat).

4. Prof. Mahendra Singh Sodha,

Director, Institute of Technology and Manngement, Gurgaon.

2389

of India for a period of four years with effect from 24th May, 2001 :—

1. Dr. Ashok Kumar Lahiri,

National Institute of Public Finance and Policy, New Delhi.

2. In accordance with the provisions of sub-section (3) of Section 9 of the Reserve Bank of India Act, 1934, consequent to appointment of the members as mentioned in para 1 above, the following existing members of the Western Area Local Board of the Reserve Bank of India shall cease to be members with effect from 24th May, 2001 :—

2. Shri Nair Chellappan Parameswaran, 1. Dr. Bakul H. Dholakia

Retd. Chief Secretary to Government of Kerala, Trivandrum.

3. Dr. S. Ramachander,

2. Shri Pradip Pannalal Shah 3. Dr. Neclkanth A. Kalyani

4. Shri Inder Chand Jain.

Director, Institute for Financial Management and Research, Chennai.

[F. No. 7/6/98-B.O.I(iii)]

4. Dr. M. Govinda Rao, RAMESH CHAND, Under Secy.

Director, Institute for Social and Economic Change, Bangalore.

2. In accordance with the provisions of sub-section (3) of Section 9 of the Reserve Bank of India Act, 1934, consequent to appointment of the members as mentioned in para 1 above, the following existing members of the Southern Area Local Board of the Reserve Bank of Tndia shall cease to be members with effect from 24th May, 2001 :—

1. Shri N. Sankar

2. Shri D. Sectharamaiah.

IF. No. 7|6|98-B.O.I(iv)] RAMESH CHAND, Under Secy.

MINISTRY OF HEAVY INDUSTRY AND PUBLIC ENTERPRISES

(Department of Heavy Industry) New Delhi, the 24th May, 2001

New Delhi, the 25th April, 2001 S.O. 1177.—In exefcise of the powers conferred by sub-section (1) of Section 9 of the Reserve Bank of Tndia Act, 1934, the Central Government hereby appoints the following persons to be the members of the Southern Area Local Board of the Reserve Bank

S.O, 1178.—In pursuance of sub-rule (4) of the Official Language (Use for official purposes of the union) Rules, 1976. the Cen- tral Government hereby notifies the following 2390 THE GAZETTE OF INDTA : JUNE 2, 2()01 / JYAISTHA 12, 19^3 [PART tt-*-Scc. 3(ii)] office where of 80% staff have acquired the working knowledge of Hindi :—

Hindustan Paper Corporation Ltd., (A Govt. of India Enterprise) 75-C, Park street, Kolkata-700016.

[No. E. n012|l|2001-Hindi]

B. S. NEGI, Under Secy.

MINISTRY OF EXTERNAL AFFAIRS (C.P.V. Division)

New Delhi, the 18 th May, 2001 S.O. 1179.—In pursuance of the Clause (a) of the Section 2 of the Diplomatic and Con- sular Officers (Oaths and Fees) Act, 1948 (41 of 1948), the Central Government hereby authorises Shri Shashikant Meshram, Assistant in the Consulate General of India, Zanzibar to perform the duties of Assistant Consular Officer with effect from 18-05-2001.

[No. T. 4330|l]2001] Y. C. NARANG, Dy. Secy. (Cons.) New Delhi, the 18th May, 2001 S.O. 1180.—In pursuance of the Clause (a) of the Section 2 of the Diplomatic and con- sular Officers (Oaths and Fees) Act, 1948 (41 of 1948), the Central Government hereby authorises Shri B. P. Purohit, Assistant in the Consulate General of India. Birmin- gham to perform the duties of Assistant Consular Officer with effect from 18-05-2001.

[No.

(Department of Secondary and Higher Education)

New Delhi, the 11th May, 2001 S.O. 1181.—In pursuance of sub rule (4) of Rule 10 of the Official Language (Use for Official Purposes of the Union) Rules, 1976, the Central Govt. hereby notifies of the Deptt. of Secondary and Higher Education under the Ministry of Human Resource Development more than 80 per cent staff of which has ac- quired working knowledge of Hindi.

[No. 11011|9|2001-O.L.U.] D. P. BANDOONI, Director (O.L.) 23*1 MINISTRY OF H E A L TH & FAMILY W E L F A RE

(Department of Health)

ORDER

New Delhi, the 22nd May, 2001

S.O. 1182.—Whereas medical qualifica- tion M.B.B.S. granted by University of London is a recognised medical qualification for the purpose of the Indian Medical Coun- cil Act, 1956 (102 of 1956) under Section 14 of the said Act;

New Delhi, the 22nd May, 2001 And whereas Dr. Anasuya Grcnfcll who possess the said qualification is attached to Delhi Commonwealth Women's Association, Medical Centre, Zamrudpur, Kailash Colony Extension, New Delhi for the purpose of charitable work and not for persona] gain;

S.O. 1183.—Whereas medical qualifica- tion M.B.B.S. granted by University of Cylone, Srilanka is a recognised medical qualification for trie purpose of the Indian Medical Council Act, 1956 (102 of 1956) under Sec- tion 14 of the said Act;

Now. therefore, in pursuance of clause (c) of sub-section ( 1) of the Section 14 of the said Act, the Central Government hereby specifies that the period of practice of medi- cine by Dr. Anasuya Grenfell in India shall be limited to :—

And whereas Dr. Cumaraswamy Krishna- dasan who possess the said qualification is attached to Sri Sathya Sai Institute of Higher Medical Sciences, Prashantigram, Anantpur Dist. (Andhra Pradesh) for the purpose of charitable work and not for personal gain;

( a) a period of one year from the date

of issue of this order, or

Now, therefore, in pursuance of clause (c) of sub-section ( 1) of the Section 14¹ of the said Act, the Central Government hereby specifies that the period of practice of medi- cine by Dr. Cumaraswamy Krishnadasan in India shall be limited to :—

(a) a period of one year from the date (b). the period during which Dr. Anasuya Grenfell is attached to Delhi Commonwealth Women's Association, Medical Centre, Zam- rudpur, Kailash Colony Extension, New Delhi, whichever is shorter.

of issue of this order, or [NO. V - 1 1 0 1 6 | l | 2 0 0 1 - M E ( U G )] P. G. KALADHARAN, Under Secy.

(b) the period during which Dr. Cutnaraswamy Krishnadasan is 23$2 Ttfe GAZferrfe OP iNDiAiJUNB 2, 2001/ JYAISTtlA 12, 1923 [PART ti—SEC 3(ii)j

MINISTRY OF CHEMICALS & FERTILIZERS

(Department of Fertilizers) attached to the Sri Sathya Sai Ins- titute of Higher Medical Sciences. Prashantigram, Anantpur Dist (Andhra Pradesh), whichever is shorter.

New Delhi, the 15 th May, 2001 [No. V-11016|l|2001-ME(UG)]

P. G. KALADHARAN, Under Secy.

S.O. 1184.—In pursuance of sub-rule (4) of the Rule 10 of the Official Language "Use for official purposes of the Union" Rule 1976 the Central Govt. hereby notifies the following offices, under the Administrative Control of Ministry of Chemicals & Fertilizers, Depart- ment of Fertilizers, more than 80 per cent i.e. 100 per cent staff where of have acquired the working knowledge of Hindi.

1. Indian Farmers Fertilizers Coopera- tive Ltd. Regional Office (East) Kolkata

2. Projects & Development India Limi- ted. Sindri Office, Dhanbad, Bvhar

3. National Fertilizers Limited, Raipur,

Chattisgarh

4. National Fertilizers Limited, Punc,

Maharashtra

5. National Fertilizers Limited Bhopal, Zonal, Office Madhya Pradesh

6. National Fertilizers Limited Gwa-

lior, Madhya Pradesh

7. National Fertilizers Limited. Indore,

Madhya Pradesh

8. National Fertilizers Limited, Bilas-

pur, Madhya Pradesh

9. National Fertilizers Limited, Jabal-

pur, Madhya Pradesh

10. National Fertilizers Limited, Ujjain,

Madhya Pradesh

11. National Fertilizers Limited, Bho- pal. Regional Office, Madhya Pradesh

12. National Fertilizers Limited, Satna,

Madhya Pradesh

13. National Fertilizers Limited. Vijay- pur. Marketing) \ Office (DNC), Madhya Pradesh.

[No. E-11011|l|2001-Hindi]

A. BHAT^ACHARYA, Dy. Secy.

33Bf!i^ -im'-" ifjjPftAZETrE OF my&MfGttS zr^ooif rvmmw 12,1^23 t^ARi.n-*SEc^wi 239?' 33 96 TM GAZETTE OF INDIA : JUNE 2, 2001/ JYAISTHA 12, 1923 [PAST IT—SEC. 3(tt)} 2397

MINISTRY OF COMMERCE & INDUSTRY

(Department of Commerce)

O dcr

New Delhi, the 14th May, 2001

& O. 1185.—Whereas in exercise of the powers conferred by section 6 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963), the Central Government is of the opinion that it is n"cessary 2398 THE GAZETTE OF INDIA : JUNE 2, 2001/ JYAISTHA 12, 1923 [PART TI—SEC. 3(ii)1 and expedient so to do for the development of the export trade of India that Jive crab, Jobsters and fishes should be subject to quality control and ins- pection prior to export;

And whereas the Central Government has for- mulated the proposals specified below for the said purpose and has forwarded the same to the¹ Export Inspection Council, as required by sub rule (2) of Rule 11 of the ExpOTt (Quality Control and Inspec- tion) Rules, 1964;

• Now, therefore, in pursuance of the said sub- rule, the Central Government hereby publishes, the said proposals for information of the public likely to be affected thereby.

2. Notice is hereby given that any person desiring tq forward any objections or suggestion with respect to the said proposal, may forward the same within thirty days from the date of the publication of this Order in the official Gazette to the Export Inspection Council, 11th Floor, Pragali Tower, 26, Rajendra Place, New Delhi-110008.

PROPOSALS

(1) to notify that liv& crabs, lobsters and fishes shall- be subject to quality control and inspection prior to export;

(2) to specify the type of inspection in accordance with the draft Export of Live Crabs, Lobsters and Fishes (Quality Control and Inspection) Rules, 2001 (Annexure-A) as the type of inspection -which shall be applicable to such Live Crabs, Lobsters and Fishes, prior to export;

(3). to recognise the specifications, as set out in the Schedule I appended to this Order as the standard specifications for such live crabs, lobsters and fishes, and

(4) to prohibit the exports in the course of international trade of such Live Crabs, Lobsters and Fishes unless the same are accompanied by a certificate issued by any of the Export Inspection Agencies established at Mumbai, Calcuita, Cochin, Delhi and Madras for the purpose under Section 7 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963) to the effect that live crabs, lobsters and fishes is exportworthy.

3. Nothing in this order shall apply to the export

SCHEDULE I

[See paragraph (3) Of the proposals] Specifications for Live Crabs, Lobsters and Fishes as per clause (c) of section 6 of the. Export (Quality Control and Inspection), Act 1963. shall b e- ta) national standards of the .importing coun- tries; or

(b) contractual specifications agreed to between the foreign buyer and the exporter provided the same is satisfying the health and cither requirements of the importing country;

(c) in the case of any Live Crabs, Lobsters and Fishes for which no standard is available at (a) and (b) above, the standard formulated by an Expert Committee consisting of the following members shall be made applica- ble—

—Representative from Export Inspection Agency (Chairman)

—Representative from thuMarine Products E*port Development Authority,

—Representative from the Seafood Exporters' Association of- India,

—Representative from Central Institute of Fisheries Technology,

—Representative from Central Marine Fishery Research Institute.

ANNEXURE-A

S.O.—In exercise of the powers conferred by section' 17 of the Export (Quality COfttrol and Inspection) Act, 1963 (22 of 1963), the Central Gove- rnment hereby makes the following rules, namely:—

1. Short title and commencement.—(1) These rules may be callad the Export of Live Crabs, Lobs- ters and Fishes (Quality Control and Inspection) Rules, 2001.

(2)-They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.—In these rules, unless the context otherwise requires,

^m-

(d) port of destination.

(4) "Live Crabs, Lobsters and Ffshes" means any of the trade varieties under th~~b"ads Crabs, Lobsters end Fishes,~~

7. . Place of inspection:—(1) Inspection for the purpose of these rules shall be cairied ouf at'the exporters' premises wlrtelr 'shall¹ be"Mttoll%!ite4!'ttwi maintained in sanitary and hygienic conditions and shall also have neresWy'facilities' fb* "fttifehing, packing and inspection.

3. Quality Control and Inspection : The quality control of Live Ciabs, Lobsters and Fishes intended for export shall bo carried out with a viaw ta see that the same conforms to section 6 of the Act by dflefctrng 'the requirements as mentioned at Attnoxnre I and AanrtXura" II.

(2) In addition to the inspection at the premises referred to in sub-rule (l), the Agency shall havtf the right to rea*9"M the" quality>6f *tfte' tWwfgnirtMU in the establishment, in transit or at the ports, is it may toasldertt#etssity'tff tarry 6Wth" pwpose of these rules.

(3) In the event of the consignment being found 4. Procedure of Inspection:-^!) • An> exporter Intending to export Live Crabs, Lobsters and Fishes shall submit an application to the nearest office of the Agency, giving particulars of the consignment intended to be exported, to enable it to examine such consignment or cause the same to be examined and to see whether the same conforms to the speci- fication referred to in rule 3;

not conforming to the Schedule-I of th" order"or as stipulated m tiw expert contract tatruiy-of "t"gt>s it ftstt

(2) Every application under sub-rule (1) shall be made not less than five daysvbe*oie the anticipated date of despatch of the consignment from the ex- porters' premises for ihjpmant;

8. In pection fee,:—A fee at the rate of 0.4 per cent of thtf f.o.b. vaiuirof the consignment, subject to a minifnum'of'Rs/SOO^ptrrc0ft"4j|Hai"itv *h"Mf-be >pttld"Wth

(3) . Onr T"ceipt of the application refeiwdi to in sub-rule (2), the Agency shall inspect the consign- ment of Live Crabs, Lobsters and Fishes as per the instructions issued by the Council in this behalf with a view to see that the same complies with the require- ments of the specifications recognised under Schedule Ibf section 6-of the Att Of as stipulated In the export contract;

U06- TH6 <3AZfitTE Of INDIA:JUNE 2, 20017JYAlSTttA 12, 1923 PART II—SEC. 3(ii)} 2.2—live Fishes, Crabs and Lobsters are placed without unnecessary delay in a protected environment at the temperature required on the basis of the nature of item and, where necessary, in ice, in transport, storage o.r in.an establishment;

2.3—equipment and handling practices that cause un cessary damage to the live fish.

3. Parts of auction or wholesale markets where ,live fishes are displayed for sale must;

3.1—be covered and have walls which are easy to clean;

3.2—have water proof flooring which is easy to wash and disinfact, and laid in such a way as to facilitate the drainag of water and have a hygienic waste water disposal system;

3.3—be. equipped with sanitary facilities with an appropriate number of wash basins and flush lava- tories. Wash basins shall bo supplied with materials for cleaning the hands and single use hand towels;

3.4—be well lit to facilitate the inspection of live fishes;

3.5—when they are used for display or storage of fishery products, not bo used for other purposes vehicle emitting exhaust fumes which may impair th quality of the live fish must not be admitted to mar- kets; undesirable animals must no' be admitted;

3.6 be cleaned regularly and at least after each sale; Crates must, after each sale, be cleaned and rinsed insjde and outside with potable water or clean seawater; where required, they must be disinfacted;

3.7 have displayed in a proment position signs prohibiting smoking, spitting, eating and drinking;

3.8—have facilities to provide adiquate water supplies;

3.9—have special watertight receptacles made of corrosion resistnat materials for live fishes which are unfit for human consumption.

4. After landing of, where appropriate, after first sale, live fish must be transported without delay at a proper temperature.

5. The general conditions of hygiene laid down in ANNEXURE-II, Section-IT, with the exception of point 2.1.1 shall apply mutatis mutandis to the mar- kets in which live fish are displayed for sale.

6. The wholesale markets in which live fish are displayed for sale shall be subject to the same condi- tions as those laid down in points 3 & 5 of thi s AN- NEXURE and to those set out in points 2, 11, 12 of Section-I of ANNEXURE-U.

7. The general conditions of hygiene laid down in ANNEXURE-U, Section-II shall apply mutatis mutandis to wholesale markets.

ANNEXURE-H

GENERAL CONDITIONS RELATING TO "PREMISES, BUILDING AND EQUIPMENTS 1. Premises and building

1.1 The immediate approaches of the processing areas shall be concreted or tarred or turfed, to pre- vent wind blown dust.

1.2 The establishment shall be housed in a buil- ding of permanent nature affordings sufficient protec- tion from normal climatic hazards like wind blown dust and rain and shall be of sufficient size for work to be carried out under adequate hygienic conditions. Their design and layout shall be such as to preclude contamination of the live fish. Clean and contami- nated parts of the building shall be properly separated.

1.3 The food handling areas shall be completely separated from the area used for residential purpose.

1.4 The layout of different sections shall be in such a way as to facilitate the smooth and orderly flow of work to prevent possible cross contamination.

1.5 There should be adequate natural or artifi- cial lighting. Who bulbs and tubes should have pro- tective covering.

24m- 1.6 There shall be adequate facilities for natural

4.4 Wall to wall and Wall to floor junctions shal/

be rounded off to facilitate pr6pcr cleaning.

or mechanical ventilation system to provide fresh air

and where necessary good steam and water vapour

extraction facilities shall be provided. Ventilation

4.5 Ceiling shall be free from cracks and open opening shall be provided with fly proofnng arrange-

joints and shall be smooth, waterproof, light coloured ments.

and easy to clean.

4.6 All doors and windows shall be durable and 2. Fly-Proofing, vermin and anijnal control

made of corrosion resistant material and shall be of 2.1 Tho areas including the live fish receiving and

self closing type and easy to clean with fly proofirig storing area shall be provided with effective fly- arrangements.

proofing arrangements. Suitable steps shall also be

taken to prevent the entry of insects, rodents, birds

4.7 All windows sills shall be sloping inwards.

and animals Into the processing area.

4.8 All entry points into the handling are* shall

be provided with feet washing pit of suitable be 3.. Receiving area

changed at frequent intervals.

3.1 There shall be a raised platform to unload the

4.9 All entry points into the handling area shall live fishes before being taken to the live fishes recei-

be provided with adequate facilities for cleaning and ving area. The sides and top of this platform shall

disinfecting hands.

be sufficiently protected from extraneous contami-

nation.

4.10 Instruments and working equipments such

as tables, containers, and other utensils used shall be 3.2 The area in which the live fish is received and

of smooth corrosion resistant materials, easy to stored shall be so separated from the area in which

clean and disinfect.

the item, it packed PS to eliminate contamination.

4.11 Utensils used for inedible or contaminated

materials shall be, identified by specific mark or 4. Ceiling, wall and floor of work rooms

colour or shape arid shall not be used for handling

live flsh. Adequate waste receptacles shall be pro- 4.1 The floor of the live fish handling area shall

vided for frequent removal of waste from the working be water proof, easy to clean and disinfect and laid

areas.

down in such a way as to facilitate the drainage of

the water easily or provided with equipment to re-

move water. There shall be no water stagnation

II. GENERAL CONDITIONS OF HYGIENE on the floor.

1. General conditions of hygiene" applicable to pre- 4.2 The internal walls of the food handling area mises and equipment :

shall be durable and have smooth surface which are

easy to clean and impermeable, waterproof and light

1.1 Floors, walls and partitions, ceilings Ofroof coloured.

linings, equipment and instruments used for working

on live fishes must be kept in a satisfactory s^ate of 4.3 Walls shall be free from projection and all cleanliness and repair, so that they do not constitute pipes and cables shall be neatly covered.

a source of contamination for the item.

4MB- THE GAZETTE OF INOBM: jt*"r2,3ftQtv'J¥*I9T"V 12, 1923 [pAHT'tf-^ttiG: MHJ] 1.2 Radttt£v4n5"0tsf and a"y -other vermin must be systematically -exterminated in the premises, or in the equipments. Rodcnticides, insecticides, disinfe- teots and any othci potentially tojjc substances must ba stored, in premises or cupboards which can be locked; their use must not present any risk of conta- mination of the item.

1.3 Working "r*as, inelffum"rt& and werking eqiyppient niust be-useAon-tyfor work on live fishes.

However, on authorization by thet competent authority, they may bo used,for work on other food- 6 tuff*, also.

1.4 Potable¹ wat*r or clean seawater trrost be used for aU"purpo5esr. However, by way of any exception, non potable water maybft used for steam production, fire fighting and the cooling of refrigeration equip- ment, provided that the pipes installed for the purpose preclude the use of suqh water for .other purposes and present no risk of contamination of the products.

1.5 Detergents, disinfectants, and simitar subs- tance* mast fee^prouedi by tht> {competent i authority and used in such a way that they do not baneadeirersc effects on the machinery, equipment and items.

2. General conditions of feygirne applicable Jo staff :

2.1 The highest possible standard of cleanliness is required of staff. More specifically :

2J.I Staff, must. wear suitable dean' working clothes and headgear which completely encloses the hair. Tkis.; applies, particularly .to"iper&ons- -haadling live fishes.

2J.2 Stuff.as#"wci to theihandlingiaml prepara- tion of ,livo.fishes,mjist be rdfuirod. to washntheir haa4~adca&t.^asb

2.1.3 Smakwig, spitting, eating and -drinking in work and storage premises of fishery products must be prohibited.

2.2 The finploy^r shajl . take all the requisite measures to prevent persons liable to contaminate live fishes from working on and handling them until there is evidence that such persons can do so without risk.

When recruited, any person working on and handling fishery products shall be required to prove by a medifcal certificate, that there is no impediment to such employment. The medical supervision of such a person .shall be. governed by the national legislation in force.

3. General health checks of the live items

3.1 -Containers/tanks in which live items . are stored shall be maintained in good condition, 3.2 The tank should be provided with mechanical, biological of chemical filtration system to clean the water and remove toxic nitrogen compounds.

3.3 Devices to maintain proper level of dissolved oxygen may be provided in order not to damage the live items stored, wherever applicable.

3.4 Appropriate water circulation/aeration/bupple- mentary oxygen system are to be provided 'wherever needed.

3.5 The water temperature is to be* adequately controUfcd espeoialtyv whe" thefi'sb is subjected for thermal tranquilization.

3.6 'The conc"ntration of themieals used, if any, for tnaa^uiHiSngand.-to reduce- stress nhorakf be< within the peimisbiblc limit.

3.7 Live items, during storage and transport, must be

24(B 3.8 Before the fishes are packed for export, they

must be subjected 1o a visual inspection the fish

should be observed to detect any charged behaviour

like erratic swimming, movement, resting near mar-

gins, loss of balance etc. in additic: to excessive or

lack of nvusus secretion, change in normal pigmen-

tation, erosion of scales, fins, ksions on the body

etc. It must also be checked for fungi/parasite in tec -

tation thai are visible. T^L which are found unfit

for export on visual inspection must be removed

immediately and ed of in such a way

that it will be used i\ ;• export. Live crabs and

lobsters are to be checked for sheding of claws and

or other physical damages.

3.9 Live fish for export HIUJ! be caught from

pollution free aquatic environment. Without pre-

judice to the rules concerning w?ter protection ard

management and in paincular those concerning pol-

lution of the aquatic environment, the fish must not

contain contaminants present in the aquatic environ-

ment such as heavy meials and organochlorinated

substances at such a level that the calculated dietary

intake exceeds the accepitili'e daily or weekly intake

for humans.

4. Packaging and transport

4.1 Packing must be carried out under satisfactory

conditions of hygiene to preclude contamination of

the fih. If transported by air. package-, should

4.2 Packagii g materials liable to eniu into con-

tact with live items must comply with all the rules

of hygiene.

4.3 Before shipping, packages sbculd not be ex-

u-%ed IO adverse weather conditions.

4 Tlu transport coidition*- of li\e items to te

led vhaij be Mich that the do noi adver^elv

i}e_ product.

2404 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 [PART II—SEC. 3(it)] New Delhi the 21st May, 2001 S.O. 1186.—In pursuance of Sub-Rule (4) of Rule 10 of the Official Language (Use for Official purpose of the Union), Rules 1976 the Central Government hereby notifies the following Branch!Regional Offices of PEC, 1TPO under the Deptt. of Commerce where- of more than 80% Staff have acquired work- ing knowledge of Hindi :—

P.E.C. Limited

1. PEC Limited

Flat N. 2, 8th Floor

Commerce House

1 Gancsh Chandra Avenue Kolkata.

2. PEC Ltd.

Lovely Mension

3rd Floor

6-3-IO9OICIAI3O1

Hyderabad.

3. PEC Ltd.

401, Parth Apartment

Lai Bhai Stadium

Surat-Duwas Road

Piplaud, Surat.

4 PEC Ltd.

Clo. Embassy of Tndia

121-1322

B-17 Kimlin

Hanoi (Vietnam).

India Trade Promotion Organisation :

1. India Trade Promotion Organisa- tion

7 Coopragc Jhansi Casal

Mumbai-400039.

2. India Trade Promotion Organisa- tion

24-A, Imperial Court 33)1, Kaningham Road Banglore-560052.

[No. E-11013|3|99-Hindi] L. P. SAINI, Director O.L.) MINISTRY OF CONSUMER AFFAIRS, FOOD AND CONSUMER AFFAIRS

(Department of Consumer Affaiis) New Delhi, the 22nd May, 2001 SO 1187—In pursuance of bub-rule (4) of K.ule 10 of the; Offianl Languages (Use For Official Purposes of the Union) Rules, 1976, the Centt.il jovernment hereby notifies the following branch, iffice of Bureau of Indian Standards, New Ddhi under he Ministry of Consumer Affairs, Food and Public distribution where more tihan 80 per cent ot the staff lave acquired working knowledge ot Hindi:

Bangaloie Branch Office,

Bureau of Indian Standards,

Finya Industrial Area, First Stage, Bangalore^—Tumkur Road. Bangalore-560 058.

[No E-ll0I2/4/200G~Hindi]

I. M. SONDHI, Dy, Swy "KVS&'< 2406 THE GAZETTE OF INDIA : JUNE 1, 2001/JYAlSTHA 13, t9,23 [PART 1 ^ - S E C. 3 (ii)]

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

New Delhi, the 23 rd May, 2001

S. O. \ 188.—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 in respect of non-automatic weighing instrument (conversion kit for weighbridge) of JCO series belonging to medium accuracy of (class III) with brand name "JAY" (herein referred to as model) manufactured by M/s. Jay Scale Mfg Co. Office—"Pushpak" Mahavirnagar, Himatnagar- 383001 and which is assigned the approval Of Model mark IND/09/2000/296;

The said model (see the figurc)is a non automatic weighing instrument belonging to medium accuracy class (Accuracy class III) of was attached for weighing machine with maximum capacity 20 tonne and minimum capacity 100 kg. The verification scale interval was 5 kg. The instrument operates on 230 volts, 50 Hertz alternate current powcf supply;

Further, in exercise of the powers conferred by sub-section (12) of the 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 of same make and accuracy class 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 5 g. or more and with V value of 1 > 10k, 2 * 10k and 5 * 10\ k being a positive or negative whole number or equal to ?cro 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.

IF N. WM-21(76)/96]

P. A. KRISHNAMOORTHY, Director, Legal Metrology M 1& f rm^mtmww^.n^mt^^i/jYAmfiAt^i^^ tp^rtt—SBCSOOI

New Delhi, the 23rd May, 2001

S. O. 1189.—Whereas the Central Government, after considering the report submitted to it by the prescribed .ml honh is satisfied that the model described in the said report (see the figure given below) is in conformity with the prov isions oflhc Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Appro\ al of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and IO render na.ui ale service under varied conditions;

Now ihcrcfoic. in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model in respect of non-automatic weighing instrument of conversion kit for weighbridge of 'JCFT scries belonging to high accuracy of (class II) with brand name •IAY" (herein referred to as model) manufactured by M/s Jay Scale Mfg. Co. Office—"Pushpak" Mahavirnagar, I hmainagar-WOOl and which is assigned the approval of Model mark IND/09/2000/295;

The said model (sec the figure) is a non automatic weighing instrument belonging to high accuracy class (Accuracy class 11) 11 was attached to a weighing machine of maximum capacity 20 tonne and minimum capacity 20 kg. The \ aluc of verification scale interval was 1 kg. The instrument operates on 230 volts, 50 Hertz alternate current power supph.

Further, in exercise of the powers conferred by sub-section (12) of the section 36 of the said Act, the Central Gov ernment 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 of same make and accuracy class with maximum capacity above 5 tonne and with number of verification scale interval (n) in the range 5000 to 1,00,000 for 'e' value of 100 mg. or more and with V value of 1x 10k, 2* I0k and 5* 10v, k being a positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved Model has been manufactured.

[F. No. WM-21(76)/96]

P. A. KRISHNAMOORTHY, Director, Legal Metrology ffifflm\.m'im$tifkimAm.m? rrmti^te.Him

New Delhi, the 23 rd May, 2001

S. O, 1190.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (sec 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 in respect of non-automatic weighing instrument (Multi load cell type weigh bridge) of JFH series and belonging to high accuracy of (class II) with brand name "JAY" (herein referred to as model) manufactured by M/s. Jay Scale Mfg. Co. Office—"Pushpak" Mahavirnagar, Himatnagar-383001 and which is assigned the approval of Model mark IND/09/2000/294,

The said model (see the figure) is a non automatic weighing instrument belonging to high accuracy class (Accuracy class II). Its maximum capacity is 20 tonne and minimum capacity 20 kg. The value of verification scale interval is 1 kg. The instrument operates on 230 volts, 50 Hertz alternate curcnt power supply.

'4.A'.

Further, in exercise of the powers conferred by Sub-section (12) of the 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 of same make and accuracy class with maximum capacity above 5 tonne and with number of verification scale interval (n) in the range 5000 to 1,00,000 for e' value of 100 mg or more and with ' e' value of 1* I0k, 2* lO¹ and 5* Iff-, k being a positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved Model has been manufactured.

[F. N WM-21(76)/96]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 2411 2412 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAI$THA 12, 1923 [PART II—SEC. 3 (ii)]

New Delhi, the 23rd May, 2001

S. O. 1191.—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-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 (Table top type) with digital indication (here in after referred to as the model) of 'PI' series belonging to High accuracy class (accuracy class II) and with brand name 'PRIME INSTRUMENTS' manufactured by M/s Prime Instruments, 6 I/A, Tirupati Industrial Estate, Behind Amber Cinema, Saraspur, Ahmedabad, and which is assigned the approval of markIND/09/2000/212;

The said model (sec the figure) is a non-automatic weighing instrument of table top type with digital indication of maximum capacity 10 kg., minimum capacity 50 g. and belonging to High accuracy class (accuracy class II), The value of verification scale interval (e) is lg. The display unit is of light emitting diode. The instrument operates on 230 volts, 50 Hertz alternate current power supply.

Further, in exercise of the powers conferred by Sub-section (12) of the Section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover the weighing instruments of similar make, accuracy and performance of same scries with maximum capacity upto 50 kg. and with number of verification scale interval (n) in the range 100 to 1,00,000 for V value 1 mg. to 50 mg. and with number of varification scale interval (n) in the range 5,000 to 1,00,000 for 'e' value of 100 mg. or more with V value of l><10k, 2x10" and 5 * 10\ where k is a positive or negative whole number or zero manufactured by the same manufacturer in accordance wiih the same principle, design and with the same materials which, the approved Model has been manufactured.

[F. N. WM-21(36)/99]

P. A KRtSHNAMOORTHY, Director, Legal Metrology 2413 2414 THE GAZETTE OF INDIA JUNE 2, 2001/JYAISTHA 12, 1923 [PARI II—SFC 3 (n)]

New Delhi, the 23rd May, 2001

S. O. 1192.—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 accuracv 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 weighimg instrument (Platform type) with digital indication (here in after referred to as the model) of 'PI' series belonging to medium accuracy class (accuracy class III) and with brand name 'PRIME INSTRUMENTS' manufactured bv M/s Prime Instruments. 6 I/A, Tirupati Industrial Estate, Behind Amber Cinema Saraspur, Ahrnedabad, and which is assigned the approval mark IND/09/00/213,

The said model (see the figure) is a non-automatic weighing instrument of platform type with digital indication of maximum capacity 50 kg , minimum capacity 100 g and belonging to Medium accuracy class (accuracy class III) The value of verification scale interval (e) is 5 g The display unit is of light emitting diode The instrument operates, on 230 volts, 50 Hertz alternate current power supply

Further m exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central oovsmment-hereby declares that this certificate of approval of the model shall also co\er the weighing instruments of >7milar make, accuracy jand performance of same series with maximum capacity upto 5 tonne and with number of /anfication scale interval (n) in the range 500 to 10 000 for 'e' \alue of 5 g or more with 'e value of l*10k, 2*10kor 5x10*, where k is a positive or negative whole number or zero manutactured by the same manufacturer in accordance vith the same principle, design and with the same materials which the appro\ ed Model has been manufactured

[F N WM-21(36)/99]

P A KRISHNAMOORTHY, Director, Legal Metrology 2415 24>" JffflE CAg^mflftUgg^iUNE 2,IWVfmm,.H" 12;"Wf tfttotiR-flfc.'3 W

New Delhi, the 21rd May, 2001

S. O. 1193.—Whcrcns the Central Government, after considering the report submitted to it by the prescribed .nilhorm. is satisfied that the model described in the said report (sec the figure given below) is in conformity with ihc pro\ lsions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approv al of Models) Rules, 19K7 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions,

Now. thcrclorc in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Ccntr.il Go\eminent hereby publishes the certificate of approval of model of automatic filling machine (slide filler) (hereinafter referred to as the model) of 'PK-1K' scries with brand name 'PAKONA¹ manufactured by M/s Pakona Engineers (I)Pvt Ltd . 917/3 GIDC Industrial Estate, Makaipura. Baroda-390 010 and which is assigned the approval mark IND/09/00/258,

The model is an automatic weighing instrument (slide filler tv pe) of capacity in the range of 1 g to I kg It works on the principle of gra\ it)' Iced under constant head The quantify of commodity dispensed is a product of flow rate and lime The machine can be adjusted to deliver output in the range 15 to 50 pouches per minul the machine is designed |o fill the products like tea. labacco, horheks etc

|F N WM-21(61)/99]

P A KRISHNAMOORTHY. Director, Legal Metrology 241/ 241o

l H b O A / t i l i c O M N U lA JLNfc 2,2001/JYAlMHA 12 192"? |PART II—SEC 3 (n)]

New Delhi, the 23rd May, ?001

S. O. 1194.—Whereas the Central Government, after considering the leport submitted to it by the prescribed authorm is satisfied that the modei 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 19 7t>) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is hkelv to maintain accuracy over periods of sustained use and to render accurate sen ice under vaiied conditions,

No*\ therefore in exercise of the powers confened bv Sub-section (7) of Section 36 of the said Act, the Central Go\ eminent hereb} publishes the certificate of approval of model of automatic filling machine (Agar filler type) (hereinafter referred to as the model) of PK-14' series with brand name PAKONA' manufactured by M/s Pakona Engineers (I) Pvt Ltd ,917/3 GIDC Industrial Estate, Makarpura, Baroda-390 010 and which is assigned the approval mark IND/09'00/259,

The model is an automatic weighing instrument (Agar filler type) of capacity in the range 5 g to 10 kg It works on the principle of gravity feed under constant head The quantity of commodity dispensed is a product of flow late and time The machine can be adjusted to deliver output in the range 6 to 50 pouches per minute The machine is designed to fill the products like gulabjamun mix, milk powder atta, custer powder etc

[F N WM-21(61)/99]

P A KRISHNAMOORTHY, Director, Legal Metrology 2419 2420 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 [PART II—SEC. 3 (ii)]

New Delhi, the 23 rd May, 2001

S. 0.1195.—Wheieas 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-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of model of automatic weighing machine (weighmetric type) (hereinafter referred to as the model) of 'PK-20' series with brand name 'PAKONA' manufactured by M/s. Pakona Engineers (I) Pvt. Ltd., 917/3 GIDC Industrial Estate, Makarpura, Baroda-390 010 and which is assigned the approval ofmarkIND/09/00/260;

The model is an automatic weighing instrument (Weighmetric type) of capacity in the range 5 g. to 25 kg. It works on the principle of gravity feed under constant head. The quantity of commodity dispensed is a product of flow rate and time. The machine can be adjusted to deliver output in the range 5 to 38 pouches per minute. The machine is designed to products like rice, wheat, farsan etc.

[F.N.WM-21(61)/99]

P, A, KRISHNAMOORTHY, Director, Legal Metrology 2421 2422 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 [PART II—SEC. 3 (H)]

New Delhi, the 23rd May, 2001

S. O. 1196.—Whereas the Central Government, after considering the rqx>rt submitted to it by the prescribed authority, is satisfied that the model described in the said report (sec the figure given below) is in conformity 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 povvcrs conRnrcd by 'jub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of appro\al of model ol automatic filhngmachinc (cup filler) (hereinafter rcfencd to as the model) of "PK-12" series wiih brand name "PAKONA'\ manufactured by M/s. Pakaona Engineers (I) Pvt Ltd., 917/3 GIDC Industrial Estale, Makaipura. Baroda-390 010 and which is assigned the approval inarkIND/()9/()()/261

The model is an automatic weighing instrument (slide filler type) of capacity in the range 1 g to 10 kg. It works on the principle of gravih feed under constant head The quantity of commodity dispensed is a product ol flow Kite and lime The machine can be adjusted to deliver output in the range 5 to 50 pouches per minute. I he machine is designed to fill ihc products like tea, coffee, granuless, panmasala, tobacco, etc

|F N WM-21(61)/99]

P A KRISHNAMOORTHY, Director, Legal Metrology 2423 2424 _ _^ TggtfrZETTE OF INDIA . JUNEj. 2001/lYAWtffA I *•_*#&_ _ IP^tfl-^Sitc. 3 tfi>}

New Delhi, thc23rd May, 2001

S. O. 1197.—-Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied fhat the model described in the said report '. figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 *>f i 976) and the Standards ef Weights and Measures (Approval of Models) Rules, 1987 and the said model is 1 ikely lo 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 subreption (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 (Table (op type) with digital indication (herein referred to as to-"- model) of T series belonging to High accuracy class (accuracy class fl) and with brand name 'MTRAJ' manufactured by M's Dharmaja Industries, 380/2, Sola, near Sola ovcrbndge, behind Khanna Motors, Ahmcdabad-33>!0 061 and which is assigned the approval mark IND/09/00/29I;

The model is a non-automatic weighing instrument of tabletop Vypc viith digital indication of maximum capacity 600 g , minimum capacity 400 m#. and belonging to high accuracy class (pcev+iracy class U). The value of verification scale interval (c) is 20 mg The display unit is of light emitting diode (LED) type. 1 he instrument operates on 220 volts, .*>() Hertz alternate current powf supply.

Further, m exercise'of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range 100 to 1,00,000 for 'e' value of 1 mg. to SO mg. and with number of verification scale interval (n) in the range 5000 to 1,00,000 for 'e' value of 100 mg. or more and with 'c' value to 1 * 10\ 2* 10k and 5 * 10¹, k is a positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials which, the approved Model has been manufactured.

[F. N. WM-21(92)/99j

P A. KRISHNAMOORTHY. Director, Legal Metrology im 2426 THE GAZETTE OF INDIA : JUNE 2,2001/JYAISTHA 12, 1923 pARf II—SEC, 3 (ii)]

New Delhi, the 23 rd May, 2001

S. O. 1198.—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 ( figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) 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 (Table top type) with digital indication (herein referred to as the model) belonging to Medium accuracy class (accuracy class III) and of T' series with brand name 'MIRAJ' manufactured by M/s Dharmaja Industries. 30/2, Sola, near Sola overbridge, behind KHanna Motors, Ahmedabad-380 061 and which is assigned the approval mark 1ND/09/00/292;

The said Model (the figure given below) is a non-automatic weighing instrument of (tabletop 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 2 g. The display unit is of light emitting diode. The instrument operates on 230 volts, 50 Hertz alternate current power supply.

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

[F.N. WM-21(92)/99]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 2427 2428 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 [PART II—SEC 3 (ii)]

New Delhi, the 23 rd May, 2001

S. 0.1199.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority is satisfied thai the model described in the said report (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, 1S)87 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) and (8) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of model of non-automatic weighimg instrument (Platform type) with digital indication (here in after referred to as the model) of 'P' series belonging to Medium accuracy class (accuracy class III) and with brand name 'MTRAJ⁷ manufactured by M/s Dharmaja Industries, 380/2. sola, Near Sola Overbridge, Behind Khanna Motors, Ahmedabad-380 061 and which is assigned the approval mark IND/09/00/293;

The said Model is a non-automatic weighing instrument of Platform type with digital indication of maximum capacity 100 kg., minimum capacity 400 g. belonging to Medium accuracy class (accuracy class III). The value of verification scale interval (e) is 20 g. The display unit is of light emitting diode (LED) type. The instrument operates on 230 volts. 50.Hertz alternate curent power supply.

Further, in exercise of the powers conferred by sub-section (12) of the 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 scale interval (n) in the range 500 to 10,000 for V value of 5g. or more with V value of 1 * 10\ 2* 10k and 5><10k, being a positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials which, the approved Model has been manufactured.

[F. N. WM-21(92)/99]

P. A. KRISHNAMOORTHY. Director. Legal Metrology W2# 2430 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 (PART II—SEC. 3 (ii)l

New Delhi, the 23rd May, 2001

S. O. 1200.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (sec 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 lo render accurate service under varied conditions;

Now, therefore, m exercise of the powers conferred by sub-section (7) of section ^6 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the non-automatic weighing instrument (Table Top type) belonging to Mediuth Accuracy (Accuracy class fll) of 'GXT' series with brand name "Galaxy" (herein referred to as the model,) manufactured by M/s Galaxy Instruments, 106, Sagar Complex, Building No. 5, Jesal Park, Bhaindcr (East), Thana (Dist), Maharashtra and which is assigned the approval mark 1ND/O9/2OOO/297, The said model (Ilir figure given) is non automatic weighing instrument. The maximum capacity is 10 kg. and minimum capacity of JO g '

Further, in exercise of I he powers conferred by sub-section (12) oH6 section said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover the weighing instruments of similar make, accuracy and performance of same scries with maximum capacity upto 50 kg. with number of verification scale (n) in the range of 100 to 10000 for c' value of 100 ing to 2 g and with number of verification scale interval (n) m Ihe range 500 lo 10.000 for c" value of 5 g. or more and with V value I" 10', 2 • 10v and 5*K)\ k being a positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with (he same materials with which, the approved Model has been manufactured.

|F N WM-21(172)/2000]

P. A KRISHNAMOORTHY, Director, Legal Metrology 2431 !T!m ?HE GAEtfftfcOFlNtftXVJONE1,lC0I/lYAIS*HAl2, l4fr ii*j5if,?^"&r 3'(i$j-

New Delhi, the 23 rd May, 2001

S. O. 1201.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said rcpon f-'Z the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 i'6() r>f]976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to muintain 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 nnn- automatic weighing instrument (Platform l\pe) belonging to Medium Accuracy (Accuracy class III) of 'GXP' series with brand name "Galaxy" (herein referred to as the model) manufactured by M/s Galaxy Instruments, 106, Sagar Convex. Building No. 5, Jesal Park, Bhainder (East) Thana (Dist.), Maharashtra and which is assigned the approval ?na"k FND/09/2000/298;

The said model (the figure given) is non automatic weighing instrument. The maximum capacity is 100 kg, and minimum capacity of 400 g The value of verification scale interval (c) is 20 g. It has a tare device with a 100 percent subsfracth c retained tare effect The light Emitting Diode (LED) display indicates the weighing result. The instrument operates on 230 volts, 50 Hertz alternate current power supply;

Further, in exercise ofthe powers conferred by sub-section (12) of36 section said Act, the Central Government hereby declares that this certificate of approval ofthe 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 tho range 500 to 10,000 for V value of 5 g. or more and with 'c' value i * H)k, 2* 10k and 5* 10L, k being a positive or negative whqie number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved Model has been manufactured.

[F, N. WM-21(172)/20001

P A KRISHNAMOORTHY, Direclor, Legal Metrology 2433 M

i$AZ£?*£ 0F1N0IA: $Vm 2, aoftl/JYAiStTIAvft;M3 [PART II^SEC. 5 (ii)i

New Delhi, the 24th May, 2001

S. O. 1202.—Whereas the Central Government, afler considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules. 1987 and Ihe said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the automatic filling machine (volumetric cup filler type) of 'TW-1OO-NEL-1086' scries and with brand name "cup filler type 1086" (hereinafter referred to as the model) manufactured by M/s Motor Industries Co. Ltd. Hosur Road, Adugodi, Bangalore-560 030 and which is assigned ihc approval mark IND/09/2000/241;

The said model (figure given) is an automatic filling machine (Cup filler). It works on the pinciple of gravity feed under constant head The machine can be adjusted to deliver any range between 6ml to 1430ml of equivalent weight depending upon the cup dimension. It can fill 30 pouches per minute (maximum) depending upon the product specifications and quantity of the pouch. The machine is designed to fill free flowing products such as Tea, coffee, spices. Sugar granules chemical & Pharmaceutical products etc. It operates on 220 volt, 50 Hertz alternate current power supph.

[F. N. WM-21(24)/98]

P A. KRISHNAMOORTHY, Director, Legal Metrology 2435 2436 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 [PART II—SEC. 3 (ii)]

New Delhi, the 24th May, 2001

S. 0.1203.—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-section (7) of section 36 of the said Act, the Central Governnicnl hereby publishes the certificate of approval of model of automatic filling machine (Auger filler type of FVS 2051) and with brand name "Auger filer type FVS 2051'' (here in after referred to as the model) manufactured by M/s. Motor Industries Co. Ltd. Hosur Road, Adugodi, Bangalore-560 030 and which is assigned the approval mark IND/09/2000/242;

The said model (figure given) is an automatic machine (Auger filler). It works on the pinciplc of gravity feed under constant head. The machine can be adjusted to deliver any range between 3 ml to 2000 ml of equivalent weight depending upon the diametere of Augur screw to a maximum of 65 mm. It 'can fill 40 pouches per minute (maximum) depending upon the product specifications and quantity of the pouch. The machine is designed to fill non-free flowing products such as milk powder, coffee powder, ground spices, tooth powder chemical & Pharmaceutical powder etc. It operates on 220 volt, 50 Hertz alternate curent power supply ;

[F. N. WM-21(24)/98]

P. A KRISHNAMOORTHY, Director, Legal Metrology 2437 24318 J HE GAZETTEOFINDIA : JUNE 2, 200J/JYAISTttA 12, 1923 [PART IT—SEC. 3 (ii)]

New Delhi, Ihc 24th May, 2001

S. O. 1204.—Whereas the Central Government, after considering the report submitted to it bv the prescribed authority, is satisfied that the model described in the said repori ( the hgiire given below) is in conformity with the piovisionsofthc Standards of Weight-; and Measures Act, 1976 (60 of 19"T(>) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is hkclv to maintain accuracy over periods of suslainc.d use and to lender accurate service under v,incd conditions.

Now, therefore, in exercise of the powers COP fcrrcd by sub-section (1) of rjction 3f< of the said Aci, the Centra!

Go\ ernment hereby publishes the certificate of appi o\m ol model if automatic filling n.achine (cup filler) "f ' fW- I00-SPL--1108¹ series and with brand name "Volumetric unp filler type 1 ION" (hereinafter refnrfd to .is the model) manufactured by M/s Motor Industries Co Ltd Hosui \i >ad, Adujfodi. Bang;ilr>re-?uO OH) and which is assigned the approval mark IND/(W200()/24},

The said model (figure gnen) is an automatic filling machine (Cup filler). It works on the pincip'e of gravity feed under constant head. The machine can be adjusted to dehvci am range between 100 ml to 5180 ml or of equivalent weight depending upon Hie cup dimensions. It cam fill 10 nouches per r.mmie (maximum) depending upon the product specifications and quantity dUbe pouch The madiiiic is dcbigiieU to fill free flowing products such as Tea, spices. Sugar rice, sclt granules chemical & Pharmaceutical seeds and agricultural products etc. It operates on 220 volt, 50 Hertz alternate current power supply,

[F. N WVt-2](24)/98]

P A KRISFTNfAMOORTHY, Director, Legal Metrology 2439 2440 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAtSTHA 12,1923 [PART II—SEC. 3 (ii)]

New Delhi, the 24th May, 2001

S. O. 1205.—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 10 maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the non-automatic weighing instrument of (table lop type) belonging to high accuracy (Accuracy Class II) with digital display of SS scries with brand name 'Sctlra" (herc-in-aftcr referred to as the model) mannfactuiert by MA; Seltra Scale Industries, 113, 1st floor, Matrc Wadi Road, Dahisar (W), Mumbai-400068 and which is assigned the approval mark IND/09/2000/142;

The said Model (see the figure ) is non-automatic weighing instrument. The maximum capacity is 12kg and minimum capacity 5()g. The value of verification scale interval (e) is lg. It has a tare device with a l(X) percent substractive retained tare effect. The toad reporter is of rectangular section of side 240x290 mm. The light emitting diode (LED) display indicates the weighing result. The instrument operates on 230 volts, W Hertz, alternate current power supply.

Further, in exercise of the powers conferred by sub-section (12) of the section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover trie weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 50 kg with number of varification scale division (n) less than or equal to 1,00,000 (n) < 1,00,000) and with 'c' value of 1 * 10k, 2* 10" and 5* 10", a positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved Model has been manufactured.

[F. No. WM-21(82)/20O0]

P. A. KRISHNAMOORTHY, Director, Legal,Metrology 2441 2442 THE GA7EV1C OF INDIK JliN*< 2 20C1 'JYAlSIHA 12. i 923 JPAAT U ~S EC : , u)|

New Delhi, the 2-"tn Ma\, 2001

S. O. 1206.—Whereas ihc Central Government, after consideun^ the report SKtoi?tt**a to it by the presented authority is satisfied that tiie model de^rnb^d in ihp said repc" • ^ser the figure given below) is in contonmtj v**th fht provisions of th2 Standards uf Weights and Meaiiwes Aci 197o (60 of 1976) and ihe Mandards of Wcif hfs a td Measures (Approval of Models) Poise, I98'⁷ and llw ss c ntoicl is hielv 10 maintain ita ^ccurac> over penods of sustained aae and to render aceura'e service under v i r ed conditions,

Nov, therefore, in exercise of the pewers conferred in ^ bcbiiging to medu Cias* Mj wnl' diguai displaj of SS senes with tl"e brand name 'Settra' (heie ,n referred to a^ ihe iwcdel) manufaroned by M,s Se*tra Scale industries, 111, ist floor, Matra Wadi koad, Dahtsar (W), Mumbai-400068 and i"hioh ,s> assigned ihe .ipprova! mark 1ND/09/2000/143,

The said Model (sec the iigure ) is uoii-autoniatic weighing instrument (Table top type) The maximum capacity ⁵s ls)kg and minimum capacity 40g The value of verification scale interval (e) is 2g It has a tare devce with a 100 percent substractne letamed tare effect The load teceptor is of rectangular section of side 200><220 mm The hgfit emitting diode (LED) displaj indicates the weighing .emit The instrument operates on 230 volts, 50 Hertz alternate curent oower supply

Further in exercise of the powers conferred by "ub-scction (12) of section 36 of the said Act the Central Co\ ernment hereby declares that this certificate of appiovai of the model shall also cover the vvcghmg instruments of similar make accuracy and performance of same series with maximum capacity upto 50 kg with number of vanfication scale di\ ision (n) less than or equal to 10 000 (n < 10,000) and with a value ol 1\ 10k, 2 x 10k and 5 x K)k, k being a posit n c or ncgatn c whole number or equal to zero manufactured b> the same manufacturer m accordance with the same principle design and With the same materials with which the approved Model has been manufactured

jF NO WM-21(82)72000}

P A KRISHNAMOORTHY, Director, Legal Metrology A⁴ ⁴³ 2444_ THE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 [PART II—SEC. 3 (ii)]

New Delhi, ihc 24th May, 2001

S. O. 1207.—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 ofthe 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 ofthe powers conferred by sub-section (7) of section 36 ofthe said Act, the Central Government hereby publishes the certificate of approval of the model of non-automatic weighing instrument (platform type) belonging to high accuracy (Accuracy Class II) of SS series with the brand name "Settra" (here in referred to as the model) manufactured by M/s. Settra Scale Industries, 113, 1st floor, Matre Wadi Road, Dahisar (W) Mumbai-400068 and which is assigned the approval mark IND/09/2000/144;

The said Model (see the figure ) is a non-automatic weighing instrument (platform type) The maximum capacity is 120kg and minimum capacity 500g. The value of verification scale interval (e) is lOg. It has a tare device with a 100 percent substractive retained tare effect. The load receptor is of square shape of side 600*600 mm The light emitting diode (LED) display indicates the weighing result. The instrument operates on 230 volts, 50 Hertz alternate current power supply.

Further, in exercise ofthe powers conferred by sub-section (12) ofthe section 36 ofthe 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 with number of varification scale division (n) less than or equal to 1,00,000 (n £1,00,000) and c' value of 1 * 10k. 2* 10l and 5* 10k, k being positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved Model has been manufactured.

[F. No. WM-21(82)/2000]

P. A KRISHNAMOORTHY. Director. Legal Metrology 2445 24*6 THE GAZETTE OF INDIAjJUNE2. MOl/JVAISTHAlj^j [PART II—SEC, 3 (It)]

Now Delhi, the 24th May. 2001

S. 0.1208,—Whereas the Central Government, after considering the report submitted to it by the preicribed authority, is satisfied that the model described in the said report ("ce the figure given below) ii in conformity with the provisions of the Standards of Weight! and Measure* Act. 1976 (60 of 1976) and the Standard! of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over period! of iustaincd uie ond to render accurate scnice under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the non-automatic weighing instrument (platform type) bclonflinjf to medium accuracy (Accuracy Clani III) of SS series with brand name "Settra¹' (here in referred to as the model) manufactured by M/i, Sottra Scale Industries, 113, lit floor, Motrc Wadi Rand Dahisar (W)Mumbai-400068and which is assigned the approval mark IND/O9/200O/145:

The said Model (see the figure) is non-automatic weighing instrument (platform type), The maximum capacity is lookjj and the minimum capacity 400g. The value or\education PCBIC interval (e) is 20g. it lw" a tore device with o 100 percent mbstractive retained tare effect. The load receptor in of square shape of side 600*600 mm. The light emitting diode (LED) display indicates the weighing result The instrument operates on 230 volts, 50 Hertz alternate current power supply.

Further, in exercise of the powers conferred b\ sub-section (12) of section 36 of the said Act. the Central Go\ eminent hereb\ declares that this certificate of apprcnal ol the model shall also cover the weighing instruments of similar moke, accuracy and performance of same scries with maximum capacity' upto 5 tonne with number oi^ aiification scale dnision (n) less than or equal to 10.000 (n £10.000) and with "c" value of 1M()\ 2 • 10k and 5 • 10\ K being a positive or negative u hole number or equal to zero manufactured b\ the same manufacturer in accordance w ilh the same principle, design and with the same materials with which, the approved Model has been manufactured.

[F. No WM-21(82)/2000]

P A. RRISHNAMOORTHY. Director. Legal Metrology 2447 New Delhi, the 24th May, 2001

S. 0.1209.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said repcr* (the figure given below) is in conformity with the provisions of the Standards of Wei ghts and Measures Act, 1976"60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain 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 ol non -automatic weighing instrument (Table top type) belonging to Medium Accuracy (Accuracy class III) with digital display of 'RD-T-101' series with brand name "Rasi Digi" (herein referred to as the Model) manufactured by M/s Ra$' Engineering Works, Post Box No. 1537, By Pass Road, Ukkadam, Coimbatore-641001 and which is assigned the approval mask IND/09/2000/274;

The said Model (the figure given below) is non-automaric weighing instrument. The maximum Capacity is 30 kg and minimum capacity ex 100 g. The value of varification scale interval (c) is 5 g. It has a tare device with a 100 percent substractivc retained rare effect. The load receptor is of rectangular scctioncf said 270*340 milimetre.The tight Emitting Diod (LED) display indicates the weighing result. The instrument operates on 230 volts, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of the section 36 of the said Act, the Centra! Government hereby declares that this certificate of approval of the model shali also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 50 kg. with number of varification scale interval (n) in the range 100 to 10,000 for V value of 100 mg. to 2 g and with number of verification scale interval (n) in the range 500 to 10.00C for 'e' value of 5g. or more and with e' value 1 * 10*, 2* 10k and 5* 10k, k being the positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials which, the approved Model has been manufactured.

[F. No. WM-21(153)/2000]

P. A. KR1SHNAMOORTHY, Director, Legal Metrology wm im me GAZETTE OPINDIA : Jtftift2,2001/JYAistttA 12, i ro IPA"T n^Ssc. nay\

Now Delhi, the 24th May, 2001

S. 0.1210.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions,

Now, therefore in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the non-automatic wcighimg instrument (conversion-kit for platform machine) belonging to Medium Accuracy (Accuracy class III) with digitial display of 'RD- CK-60T series with brand name "Rasi Digi" (herein referred to as the Model) manufactured by M/s Rasi Engineering Works, post Box No. 13, 37, By Pass Road, Ukkadam, Coimbatore-641001 and which is assigned the approval mark IND/09/2000/276;

The said Model (the figure given below) is non-automatic weighing instrument. The maximum capacity is .1000 kg and minimum capacity of 1 kg. The value of verification scale interval (c) is 50g. It has a tare device with a 100 per cent substractive retained tare effect. The load receptor is of rectangular section of side 630x400 milimctrc. The Light Emitting Diode (LED) display indicates the weighing result The instrument operates on 230 volts, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of the 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 varification scale interval (n) in the range of 500 to 10,000 for 'e' value of 5g. or more and with 'c' value of 1 * 10*, 2* 10" and 5* 10k, k being a positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials which, the approved Model has been manufactured.

[F. No. WM-21(153)/2OOO]

P, A. KRISHNAMOORTHY, Director, Legal Metrology 2451 245? THE GAZETTE OF INDIA JUNE 2 2001/VYAISTHA 12, 1923 [PART II—SF^ 3 (n)]

New Delhi, the 24th May, 2001

S. O. 1211.—Whereas the Central Government after considering the report submitted to it by the prescribed authority is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Siandnrds of Weights and Measures AcU 1976 (60 of 1976) and the Standards of Weights and Measures (Appro\ al 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 ol the powers conferred by sub-section (7) of Section'36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the non-automatic weighing instrument (table top type) belonging to special accuracy (accuracy class I) of 'A.W-320' series with brand name 'Shimadzu' (herein rclcrred to as the model), manufactured by M/s Sbimadzu (India) Private Ltd, IV floor, 'Temple Tower¹ 476, Anna Sal JIT Nandanam, Chcnnai-600035 and which is assigned the approval mark IND/09/2000/244,

The said Model (the figuic given) is a non-automatic weighing instrument (Table top type) The maximum capacity is 320 g , and minimum capacity lOOmg The value of \enfication scale interval (e) is lmg It has a tare device with a 100 pei cent subti active retimed tare effect The load receptor is of rectangular section of said 80 mm The light cmiiting diode (LED) display indicates the weighing result The instrument operates on 230 volts, 50 Hertz alternate current power supply.

Further, in exercise of the powers conferred by sub-section (12) of the 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 similat make, accuracy and performance of same series with maximum capacity upto 50 kg with number of verification scale interval (n) equal to or more than 50,000 and with V value equal to or more than 1 mg and with V value of 1 * 10k, 2 * 10L and 5 * 10\ where k being is a positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same matcnals with which, the approved Model has been manufactured

[F No WM-21(155)/2000]

P A KRISHNAMOORTHY. Director, Legal Metrology 2453 ¹2454 THEGAZETTE OF INDIA : JUNE 2,2001/JVA13THA 12,19^3 P>ART f l —S M,3 (ii)1

New Delhi, the 24th May, 2001

S, O. 1212.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1

2455 H £_ -fyown ,-tw,, , i s ^ ' a f t^ , t t ^ ,, , . ^ i^ ^ ,

New Delhi, the 24th May. 2001

S. 0.1213.—Whereas th^ Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with ihe provisions of the Standards of Weights and Measures Act, 1976 (&; of 1976) and the Standards'of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely lo maintain its accuracy over periods of sustained use and lo render accurate service under varied conditions;

Now, therefore, irLexercisc 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 (table top type) belonging lo high accuracy (accuracy class II) of 'BL' series with brazil name 'Shimadzu' (herein referred to as Ihe model), manufactured by M/s. Shimad/u (India) private Ltd., IV floor. 'Temple Tower' 476, Anna Salai, Nandanam, Chennai-o00035 and which is assigned the approval mark IND/09/2000/246,

The said Model (the figure given) is a non-automatic weighing instrument (Table top type) The maximum capacity is 3200 i>, and mu.imum capacity 15 g. The value of verification scale interval (c) is 100 ing. It has a tare device with a 100 per cent substractive retained tare effect. The load receptor is of rectangular section of said 160* 130 mm. The Light Emitting Diode (LED) display indicates the weighing result The instrument operates on 230 volts, 50 Hertz alternate current power supply;

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

[F. No. WM-21(155)/20001

P. A KRISHNAMOORTHY, Director, Legal Metrology 2457 /458 THE GAZETTE OF INDIA JUNE 2 200I/JYAISTHA 12 l';2i [P\Rl II—Src 3 (n)]

New Delhi, the 24ih Ma\ 2001

S. O. 1214.—Whereas the Central Government, after considering the a port submitted to it by the prescribed ,1'jthonH is satisfied that the model described in the said report (the flgtue gi ui below) is sn confoimrh with the pro\ isior76) and the Standards of Weights and Measures (Appio\al of Models) Rules, 1987 and the said model is hkclj to ina>ntaip accuracy over periods of sustained use and to render accurate service under varied conditions,

Now therefore ine%eraseof thepoweisconferredby sub-section (7) of section ^6 of thw said Act thcCentral Governmenj hereby publishes the certificate ot approval of the model of non-automatic weighing instrument (Platform npe) belonging to medium accuracy (accuracy class III) with digital display of 'RD-P-201' series with brand name 'R^siDigs (herein reieired to as the model), manufactured b\ M/s Rasi engineering Works, Post Box No 15,3? B\ PassPoad Ukkadam (.'oimb.ilorc-641001 and which is assigned the approval markIND/09/2000/275,

T he said model (tht figure given below) is non-automatic weighing instrument The maximum capacity is 300 kg and minimum capacit} of 1kg The value of verification scale interval (e) is 50 g It has a tare device with a 100 per cent substractive retained tare effect The load receptor is of square section of side 600><60() mm The Light Fmitting Diode (LED) display indicates the weighing result The instrument operates on 230 volts, 50 Hert? alternate current power supph

Further, in exercise of the powers conferred by sub-section (12) of the 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 of 500 to 10,000 for 'e' value of 5 g or more and with e¹ value of 1 x 10k, 2x 10k and 5* 10\ where k being a positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model has been manufactured

[F No WM-21(153)/2OOO]

P A KRISHNAMOORTHY, Director, Lsgal Metrology 2459 2460 THE GAZETTE OF INDIA : JUNE 2,2001/JYAISTHA 12 1923 [PART II—SEC. 3 (ii)]

New Delhi, the 25th May, 2001

S. 0.1215.—Whereas the Central Government, after considering tlie 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 its Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the non-automatic weighing instrument with digital display (Table top type) 'MATRIX-PR' belonging to high accuracy (accuracy class II) with brand name 'MATRIX-PR' (herein referred to as the model), manufactured by M/s. Pragmatic Technologies India (P.) Ltd., 1956-B, Trichy Road, Ramanathanpuram, Coimbatore-641045 and which is assigned the approval mark IND/09/2000/267;

The said Model (the figure given) is non-automatic weighing instrument. The maximum capacity is 12kg., and minimum capacity 50g, The value of verification scale interval (e) is lg. It has a tare device with a 100 per cent substractive retained tare effect. The load receptor is of square section of side 300 * 300 milimetre. The light emitting diode (LED) display indicates the weighing result. The instrument operates on 230 volts, 50 Hertz alternate current power supply;

Further, ih exercise of the powers conferred by sub-section (12; ^"the 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 50kg. with number of verification scale division (n) in the range 100 to 100,000 for 'e' value lmg. to 50mg. and with number of verification scale interval (n) in the range 5000 to 100,000 for 'e' value of 100 mg or more and with 'e' value of 1 * 10\ 2* 10k and 5 * 10\ k being is a positive or negative whole number or equal to zero are also covered under this model.

[F, No. WM-21(168)/2000]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 1461 2462 . , THEGAZ£rfEOFINm^:IUNE2,2Q01/ryAIS-rHAl2, 1923 [PART II—SEC. 3 (ii)]

New Delhi, the 25th May, 2001

S. O. 1216.—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 ihe Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the non-automatic weighing instrument with digital display (Table top type) 'MATRIX-TT belonging to medium accuracy (Accuracy class III) with brand name MATR1X-TT' (herein referred to as the model), manufactured by M/s. Pragmatic Technologies India (P.) Ltd., 1956-B, Tnchy Road. Ramanathanpuram, Coimbatore-641045 and which is assigned the approval mark IND/09/2000/268;

The said model (the figure given) is non-automatic weighing instrument. The maximum capacity is 10kg., and minimum capacity 4()g The value of verification scale interval (e) is 2g It has a tare device with a 100 per cent substractivc retained tare effect The load receptor is of rectangular se'etion of side 200*300 milimetre The light emitting diode (LED) display indicates the weighing result. The instrument operates on 230 volts, 50 Hertz, alternate current power supply.

Further, in exercise of the powers conferred by sub-section (12) of the section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 50 kg with number of verification scale Division (n) in the range 100 to 10J000 for 'e' value lOOmg to 2g. and with number of verification scale interval (n) in the range 5000 to 10,000 for V value of 5g or more and with 'e' value of 1 * 10\ 2* 10" and 5x 10\ k being a positive or negative whole number or equal to zero are also covered under this model

[F No. WM-21(168)/2000]

P. A. KRISHNAMOORTHY, Director, Legal Metrology 2463 *w 'rmmmmmm>i£^fflm±'mmA4imxM7m$ 'ffis&mmwiz'm

?Tcw Delhi, the 25th May, 2001

S. O. 1217.—Wheicas the Central Government, after considering the report submitted to it by the prescribed ,iulhont\ is satisfied thai the model described u i the said report (see the figure given beloWi is in conformity with the prcn isions ol the Standards of Weights and Measi ires Act, 1976 ((.() of 1476) and the Standards of Weights and Me isurcs (Appro^"U or Models) Rules i')87 and the said model is likelv to maintain its accuracy over periods of cnstamrd use .ind lo render accurate sen ice under vancd cone Iilions,

Now therefore in exercise of the powe rs confened by sub-sccuon (7) of section 36 of the said Act, the Central Go\ eminent heicb\ publishes the certificate ol i ipproval of the model of the non-auto.r.dtu; •tteip;Ii*mg Kistniment with digital dis,pln\ (Platform t\pe) of MATRIX-PIT' belonging to medium accuracy (accuracy class Till with brand name MATRIX-IT IIKKIP referred to as the model¹), manufactured b\r M/s P^gmat'< Tcchnulcgies jndia ip) Ltd , 1956-B, Tncln Ro.id Rainanatluinpuram Coimbtore-f 41045 and which is assigned the approva' r iark 1ND/W2000/269, The said Model (ihc figure gi\en bcknv) is non aulonruir weighing instrumem The maximum capacit> is 100kg and niininTumrapaciO oflOOg Thcvflueofvcnfi :s(nii art receptors ui squnre section of side 600x600 rnm The Light emitting Diode (LED) disp^n indicates the weighing i ssult Th? • lMrumctit operates on 230 volts, 50 HerU alternate current power supph

Fi nlhcr in CM ICISC ol the powers conferred bv sub-section (12) of the section 36 of the said Act the Central Go-, cminu u herebs dcclaics that this certificate of approval of the model shall also cover the weighing instruments of Miinl i mm e .lccmacs and performance of same series with maximum capacity upto 5000 kg and with number of ^ crWkMiion scale intciA jl (n) in the range of 500 to 10000 for V -value or5g or more and with V value of 1* 10\ 2* 10v ind ^ lo k hcinii J oobili%c or negatne whole number or equal to zero are also co\crcd under this model

[F No WM-21(168)/2000] m 2466 THEGAZETTEOFlNEttA:JUl'JE2,200^ftYAlSHTHA12.1923

[PART II—See. 3 (ii)}

2467

Ministry of Petroleum and Natural Gas

New Delhi, the 30th May, 2001

s. o. nig.— Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural Gas No. S.O. 2568 dated the 17th November, 2000, issued under sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act), the Central Government declared its intention to acquire the right of user in the lands, specified in the Schedule appended to that notification for the purpose of laying branch pipeline for the transport of petroleum products from Kurukshetra in the State of Haryana to Saharanpur in the State of Uttar Pradesh;

And, whereas, the copies of the said Gazette notification were made available to the public from the 8th day of December, 2000;

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

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 6 of the said Act, the Central Government hereby declares that the right of user in the land, specified in the Schedule appended to this notification are hereby acquired;

And, further, in exercise of the powers conferred by sub-section (4) of section 6 of the said Act, the Central Government hereby directs that the right of user in the said land shall instead of vesting in the Central Government, vests from the date of publication of this declaration, in the Indian Oil Corporation Limited, free from all encumbrances.

^468 ^ THEGAZETTEOFINpIA:JUNE2,200l/jYAlSHTHA12,19#

Schedule Tehsil: Thanesar

District : Kuruksnetra

[PART H—SEc. 3 (n)]

State: Haryana

Mad bast

Mustateel No/ Name of Village

Killa No. Hectare

No.

3 4

363

46 BirMathana

364

266 Mathana

556/1

967

342

Untehn

1182/2

1193/2

340

658/21 Seorti

659/21/1

39/1

148

2CV21 BirSeonty

341

56/5/1 Ladwa

110

4/16 Budha

5/18

79/27

Ban

109

357

891/436 Jandhera

689

763 Area

Are

Sq.Mtr.

[No. R-31015/44/2000 OR-I] S CHANDRASEK.HAR, Under Secy.

2469 2470 THE^AZETTCORNDIA JUNR2,200l'jYAISHTHA 12,1923

[PARI II—Src 3(u)] Wl

New Delhi, the 30th May, 2001

s. o. 1219.— Whereas, by the notification of the Government of India in the Ministry of Petroleum and Natural Gas number S.O. and date as mentioned in the ^Schedule below issued under sub-section (1) of section 6 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government acquired the right of user in the lands specified in the Schedule appended to that notification;

And whereas, in exercise of the powers conferred by sub-section (4) of section 6 of the said Act, the Central Government vested the right of user in the said lands, free from all encumbrances In the Indian Oil Corporation Limited;

And whereas, the Competent Authority has. made a report to the Central Government that the pipeline for the purpose of transport of Petroleum Products from Sonepat in the State of Haryana to Meerut in the State of Uttar Pradesh has been laid in the said lands, so the operation may be terminated in respect of the lands the description of which in brief is specified in the Schedule annexed to this notification;

Now, therefore, as required under rule 4 of the Petroleum Pipelines (Acquisition of Right of User in Land) Rules, 1963, the Central Government hereby declare the dates mentioned in column 6 of the said jSchedule as the date of termination of operation.

am THEOAZETT^OFINE^:JUNE2,200l/jryAlSHTHAl2.I923

[PART II—SEC. 3'(it)]

SCHEDUTF.

Tehsil

District

State

S.O. No. &

Date of Termination

of Operation

Date

Name of Village

947-24.05.1999

Roliat

SonCpat

17 th August 2000

Harsana Kalan

Sonepat 947-24.03.1999

Sonepat Haiyana 22nd August 2000

Harsana Kalan

1554-26-05.1999

Sonepat

Bandepur

947-24.03.1999

Sonepat 1554-26.05.1999

Bandepur

Sonepat 947-24.03.1999

22nd August 2000 Sonepat Haryana

Sonepat Haryana 25th May 2000

25th May 2000 Sonepat Haryana

Haryana 23 rd May 2000

Rathdhana

Sonepat

Liwaspur

947-24.03.1999

Sonepat 947-24.03,1999

Rai

Sonepat 947-24.03.1999

Sonepat

21st May 2000 Sonepat Haryana

Haryana 2nd June 2000 Sonepat

Haryana 2M May 2000 Sonepat

Asawarpur

Sonepat 947-24.03.1999

2nd June 2000 Sonepat Haryana

Aurangabad

Sonepat

Jakholi

947-24.03.1999

Sonepat

Jakholi

1554-26.05.1999

Pabsara

Sonepat 947-24.03,1999

Sonepat

Manauli

947-24.03.1999

31st May 2000 Haryana

Sonepat

31st May 2000 Sonepat Haryana

31st May 2000 Haryana

Sonepat

3rd June 2000 Haryana

SoneDat

[No. R-25011/6/2001 OR-IJ S. CHANDRASEKHAR, Under Secy.

2473 [ P A R T I I —S e < i . 3 ( i f )] 2 4 74 •_ ^ T HE G A Z E T TE OF f N D I A: / U NE 2 , 2 0Q I f J Y A l S H T HA 1 2 , 1 9 23 2475

New Delhi, the 31 st May, 2001

S. 0.1220.— WHEREAS by a Notification of the Government of India in the Ministry of Petroleum and Natural Gas number SO. 435, dated the third March, 2001, issued under sub- section (1) of section 3 of the Petroleum and Minerals Pipe tines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962) (hereinafter referred to as the said Act), the Central Government declared its intention to acquire the right of user in the said land, specified in the Schedule appended to that notification, for the purpose of laying pipeline for the transport of Motor Spirit, Superior Kerosene Oil, and High Speed Diesel from Irimpanam Installation of Bharat Petroleum Corporation Limited, Irimpanam, Cochin in the State of Kerala to Karur in the State of Tamil Nadu and pipeline' should be laid by M/s. Petronet CCK Limited;

And Whereas, copies of the said Gazette Notification was made available to the public on 22.03 2001;

And, Whereas, the Competent Authority in pursuance of sub-section (1) of section b of the said Act has submitted his report to the Central Government;

And further, Whereas, the Central Government after considering the said report, decided to acquire the right of the user in the lands specified in the Schedule appended to this notification.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 6 of the said Act, the Central Government hereby declares that the right of user in the lands specified in the Schedule appended to this notification are hereby acquired for laying the pipe line AND further in exercise of the powers conferred by sub-section (4) of section 6 of the said Act, the Central Government hereby directs that the right of user in the said lands shall, instead of vesting in the Central Government, vest on this date of the publication of this declaration, in the Petronet CCK Limited free from all encumbrances.

2476 THEGAZETTEOF INDIA: JUNE2,200l/jYAISHTHA 12,1923

[PART II—SEC. 3 (ij)l

SCHEDULE

TALUK; CO1MBATQRE (SOUTH) DISTRICT: CO1MBATORE STATE; TAMIL NADU

NAME OF THE

S.F. NO.

AREA

VILLAGE

HECTARES

3

ARES 4

SQ. MTS.

5 Madukarai

547/3

548/3

559 / 3C

559 / 3B

0 0 0 0

00 00 00 00

12 78 24 08 Seerapalayam

499/3

555/3

0 0

02 01

81 98 TALUK: PALLADAM DISTRICT: CQIMBATQRE STATE: TAMIL NADU

AREA

S.F. NO.

NAME OF THE

VILLAGE

ARES 4

SQ. MTS.

5 HECTARES

3 Odderpalayam

01 01

0 0

18 07 14 /2C 22/2

442/2

Irusur

[No. R-3l015o,'200IOR-II] HARISH KUMAR. UndcrSecy.

2477

MINISTRY OF LABOUR

New Delhi, the 4th May, 2001

S.O.1221.—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, New Delhi as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of M/s Air India and their workman, which was received by the Central Government on 3-5-2001.

[No. L-H012/l/99-TR(C-D] S.S. GUPTA, Under Secy.

ANNEXURE

BEFORE SHRI KESHAV SARAN SRIVASTAV: PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL TRIBUNAL : NEW DELHI I.D. No. 141/99

General Secretary, Air India Employees Sangh, 156A/AZB, MIG Flats, Paschim Vihar, New Delhi

Versus

Director, Air India Ltd., Delhi Region, Hansalaya Building, Barakhamba Road, New Delhi

PRESENT : None for tho workman.

Sh. Suvesh Srivastav for the management.

AWARD

This is an Industrial Dispute referred to by the Centra] Government in tho Ministry of Labour under Section 10 (l)(d) and 2(A) of Industrial Dispute 1532GI/2OO1-14

Act, 1947, vide its order No. L-l 1012/1/99-C-l, dated 17-5-99 for the adjudication of the following terms:

"Whether tho 44 Handimen working in opera- tional area as Loaders are entitled to paymont of performance linked Incentive (PL1) benofit w.e.f. 1 -5-96 at the rates as allowed to the Loaders by the Air Indin. If so. what Orders are necessary." After filing of the Claim petition by the workman and before the filing of the WS by the Management, the management has moved this application dated 10-4-2001 praying for giving a No Dispute Award in the case. It is stated in the application that the management has considered the requosts of the work- man for tho release of tho payment of performance linked incontivos to the loaders. It is also stated that the said payment was accepted as per settlement dated 31-5-96 arrived at between th^ management and the Air India Employees vide as prayed by the workman in the Statement of Claim and the manage- ment has nude payment for the period from the May 1966 to the Month of May 1997.

3. Despite the time given to the workman No objection against the Management application could bo filed by tho workman and the workman remained absent.

4. In view of the fact a No Dispute Award is given in the case.

27-4-2001

K-S. SRIVASTAV, Presiding Officer t*78 tBE^AZETTE OF INDIA :JtfNE 2, 2001/JYAISTHA 12, 1923 [PART U-^fit. 380J Now Delhi, tho 4ihMay, 2001 S.O.n2"> In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the I entrat Government Industrial Tribunal, New Delhi as shown in the Annexurein the Industrial Dispute between tho employers in relation to the management of M/s. Air India and their workman, which was received by the Central Government on 3-5-2001.

[No.L-11012/19/99-IR (C-I)] S.S. GUPTA, Under Secy.

ANNEXURE

BEFORE SHRI KESHAV SARAN SRIVASTAV: PRESIDING OFFICER, CENTRAL GOVERN- MENT INDUSTRIAL TRIBUNAL;

NEW DELHI

I.D. No. 191/99

Sh. Bobby C. Lai, C-307, DDA Flats, Kalkaji, New Delhi-110019

Versus

The General Manager, Air India, I.G.I. Airport, Terminal-II, New Delhi-110001

Present : Sh. Bobby C. Lai in person.

Sh. Suvesh Srivastav for the management.

AWARD

The Central Government in the Ministry of Labour has sent this reference under section 10(l)(d) and Sub-section 2(A) of the Industrial Dispute Act 1947 vide its order No. L-l 1012/19/99-I.R. (C-l) dated "4-8-99 for the adjudication of the Industrial Dispute between the parties on the following terms:

"Whether the action of the management to dismiss the Services of Sh. Bobby C, Lai, workman w.e.f. ,29th November, 95 is legal and justified. If not what relief the workman is entitled to"?

After filing of the statement of claim by the wr rkman and its reply filed by the management, the workman has moved this application dated 10-4-2001 praying for the withdrawn of this Statement of Claim filed in the case. It is a]so stated that he does not . want to persuo in the case any further. It is not objected On behalf of the management vide endorse- ment made on the application. In view of the fact a 'No Dispute Award' is given in the case. 2-7-4-: 001

K.S. SRIVASTAV, Presiding officer New Delhi, the 4th May, 2001

S.O.I223.—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, Chennai as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of M/s Indian Airlines and their workman, which was received by the Central Government on 3-5-2001.

[No. 11012/69/99-JR(C-I)] SS. GUPTA, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHENNAI Tuesday, the 17th April, 2001

PRESENT:

K Karthikeyan, Presiding Officer.

Industrial Dispute No. 25/2001

(Tamil Nadu Industrial Tribunal I.D. No. 25/2000) (In the matter of the dispute for adjudication under section 10O,Xd) and sub-section 2(A) of the Industrial Disputes Act, 1947, between the Petitioner Shri R. Palani and the Management, the Regional Director (South), Indian Airlines Ltd., Chennai.)

BETWEEN

ShrJ R. Palani, Chennai. Petitioner/I Party

AND

. . .. Management/II Party The Regional Director (South), Indian Airlines Ltd., Chennai, APPEARANCE:

For the Petitioner: M/s, A. Parthasarathy and A. Varadarajan, United Trades Union Congress Office bearers.

For the Management: S/Srl N. O. R. Prasad and S. Vaidyanathan, Advocates.

REFERENCE:

Order No. L-11012/69/99-IR(OI) dt. 4-2-2000, Govt. of India, Ministry of Labour, New Delhi.

This dispute on coming up before me for final hearing on 2-4-2001, unon perusing the reference, Claim Statement, Counter Statement, documentary evidence let in on either side and other material papers on record and" upon hearing the arguments of representative of the Petitioner Sri A. Parthasarathy and counsel for the Management Sri N. G R.

2479 Prasad and this dispute having stood over till this date for consideration, this Tribunal passed the following.—

AWARD

This reference by the Central Government in exercise of the powers conferred by Clause (d) of sub-section (1) und sub-section 2(A) of Section 10 ol Industrial Dispules Act, 1947, in respect of dispute between Sri R. Palani, Petitioner and the Regional Director (South), Indian Airlines Ltd., Chennai, Management, mentioned as Schedule appended to the order of reference.

1 h? Schedule reads as follows :—

"Whether the action of the Management of Indain Air- lines Ltd. in terminating tne seivices oi Sn R. Palani with ettect from 14-J-yrf is justified or not I a not, to what reliei is ho entitled 7"

This order of reference was first made to Tamil Nadu Industrial Tribunal as an industrial dispute for aiijadicanon. Tne same was taKen on Hie in tnat inDunal as I.JJ. MO. 25/2UUO. On receipt of notices from mat Tribunal, the re- presentative of the 1 Party and the counsel tor tne 11 Patty appeared before that Tribunal and filed then- Claim State- ment and Counter Statement respectively. Subsequently, as per the orders of transfer by the Central Government, this case was transferred from the file of Tamil Nadu Industrial Tribunal to the file of this Tribunal and was taken on We as 1,D. No. 25/2001 on 10-1-2001. Notices were sent to the counsel on either side, informing them about the transfer of this case to the file of this Tribunal, with a direction to both the parties to appear before this Court With their parties to prosecute this case. Xerox copies of the documents were illcd by both sides and they were marked by consent as Wl to W6 and Ml to M6. On the representation made by the representative of the I Party and the counsel for ihe II Party that they have no oral evidence to let in, arguments advanced on either side by them was heard • and the case was posted for orders to this date-

2. The averments in the Claim Statement of the I Party/

Workman are briefly as follows :—

Nothing incrcminating seized from the Petitioner's house, 'flic Uttl/SCB transferred the case to the Enforcement Directorate, since the alleged compJaint said to oe mat me Petitioner received some 41,000 Ringits in Malaysian soil in instalments during 19S7-88. Tne Enforcement Directorate also investigated and tramed a charge under FbKA, 1973, but the said Directorate dropped its action by its order dated 1&'1~;99 The said Malaysian filed a complaint before the CB1/SCJ in 1989 and on the basis of the complaint FIR was lodges and it was filed before the Court on 31-10-89. The soid Sudalaimuthu filed another complaint with the Indian Air- lines LtA on 16-11-90 and on that basis, the Respondent has issued charge sheet to the Petitioner on 1-10-91. They were under clauses 1, 16(8) and 16(29) of Standing Orders of the Respondent. Unless the criminal complaint by Sri Sudalai- muthu is proved, the Respondent have no scope to charge the workman, the petitioner herein, as Respondent has no locus standi to take any action. Even before the concerned CBI/SCB and Directorate of Enforement completed their investigation and found the Petitioner guilty, the Respondent appointed an Enquiry Officer for the domestic v-nquiry and conducted the same from 1991 to 1997. The enquiry was not in accordance with the natural justice and it is vitiated. The Respondent is having, two sets of Standing Orderti, one for thrtse Who are governed by the Factories Act and the other for those who are not governed under the Factories Act. The Enquiry Officer examined the MW2 in the abscise of the delinquent employee in violation of principles of natural fmtice. The Enquiry Offlcef ignored in the enquiry, to see that much of the witnesses speaking through sworn affidavits, sworned in Malaysia, but none of tho^e witnesses tendered themsdves for cross-exammation. The Enau'ry Officer travelled beyond his reference and *imi1v w'^'ont material before him arrived at a decision that the Petitioner i"i eu'lty of the charges. Unless the charges proved by a Court of law or a pnma-facie case was found by Hie investigating agpney. the RcJivind^nt have no nn'ho- rity to decide that matter. ' The question of integrity, conduct eic. onJv arises after the fVid.rgs of the Court. The Enquiry Officer has nr-ntion^d in his t-Mwt AS h;<; finding that the defendent in receiving the foreign currency from a foreign National is a violation of law applictble to the establishment, it is erred one. The Enquiry Officer did not consider the facts given by wife and daughter of the delin- quent employee and simply ignored them as interestd wit- nesses. But the sworn affidavits of wife, daughter and others in support of the complaintee sworned at Malaysia have been taken as a valid by the Enquiry Officer without an opportunity to the delinquent employee to cross examine them. • The penalty imposed by the officiating Regional Director by removing the Petitioner from service is a mechanical one, without application of mind. The Enquiry Officer, who conducted the- enquiry was the PA. to the Regional Director. The Petitioner belongs to Engineering department falls under the Factories Act, 1948, The Res pondent ought to have wait lor the outcome of the criminal complaint and then only th;y have light to take step in the matter. The Respondents action is not inconformity with the justice and fairness. The, action Uuten by the Respondent is not sustainable. The Petitioner had served about 32 years under the Respondent/Management. His date of super- annuation is 1-3-2004. Since ihc eiquiry conducted is Ulgal and vitiated, the orders passed by the officiating Regional Director is not sustainable one. Hence, this Tribunal m;iy pass an award directing the Respondent to reinstate him in service with full back wages, continuity of service and all attendant benefits.

3. The averments in the Counter Statement of [ho H

PartyjMnnagement are briefly as fellows :

TJie Petitioner was an employee of the Respondent Airlines, served as a Technical Assistant in the Engineering Hanger (Factory) at Meenambakkam Airport, He was illegally remov- ed from service on 14-3-98. He joined the services of the Respondent in 1966 and served till the date of removal of service without any complaint. The order for removal from rcrvice dated 14-3-98 was sent to the address at Madras by Registered Post. The Petitioner was on leave from 15-3-98(PL) for 3(1 days and went to his native place Thirunelveli. The Respondent filed a petition under section 33(2)Cb) of Industrial Disputes Act before the National Industrial Tribunal at Mumbiii. Only after the service of the notice from the National Industrial Tribunal, Mumbai, the Petitioner was aware of his removal from service. He wrote a letter to the Respondent after return to Madras and obtained a copy of order of removal from them. He filed his Counter before the. National Industrial Tribunal, Mumbai, in the approval petition filed by the Respondent, before the National Industrial Tribunal, the authorised representative of the Petitioner and the Respondent have put forth their arguments. The autho- rised representative of the Petitioner sought time to file documents in support of- his stand to show Avrong Standing Orders was followed in this case by the Respondent/Manage- ment. As per the commitment the Petitioner sent the docu- ments with petition and affidavit to the National Industrial Tribunal. But the Tribunal strangely passed orders and accorded the approval sought and also discussed the merits of the case, The Petitioner filed a petition under section 2A of the Industrial Dispute* Act, 1947 before the Assistant Labour Commissioner (Central) at Madras, The conciliation pio- ceedlnos inflated by the Assistant Labour Comm'sdioner ended in failure. On submission of the failure of conciliation report tc the Government, the Government 'was pleased to refer this imtter for adjudication. In 1989. one Sri K. Sudahimutrni, a Malaysian National fllrd a complaint with some alleged charges to thnt of CBI/SCB- The said Sndalaiminhu is one of the Petitioner's relative fhrounh his wife. The complaint was due to fome farnilv issues. The complaint was taken cm file and a FTR was filed before the Court at Madras and dujmg investigation, th" Petitioner's house was also raided.

The Petitioner was working as Technical Assistant m the Engineering Department at Chennai was removed from service by an order dated 1+-3-98 of the Regional Director, Indian Airlines Ltd., Southern Region, Chennai for serious misconduct. The contention of ihe Petitioner 'hat he was aware of the order of removal only on receipt of notice from the National Industrial Tribunal is conlrary to facts. When the Petitioner wns on duty on 14-3-98, he wns called by the Deputy General Manager rEngineering), Chennai to his cabin and in the presence of tne other two staff the remnvn] order diited 14-3-98 nl'tiu with Cheque No 818373 dated 14-3-98 for R9, 11,585.75 handed over to him. The Petitioner, after going through the same, declined to 2480 THE GAZETTE OF INDIA : JUNE 2, 2001/JYA1STHA 12, 1923 (PART U—SEC. 3(ii)] collect it and left the '-luce. However, a telegram dated 16-3-98 was received from the Petitioner asking for 30 days privilege leave from li-3-98. The D.G.M. (Engineering), Cncnnai vide his letter dated 17-3-98 made it clear to him that in view of his leinoval ircm service with etteet from me close of woi^ on 14-3-98, thero was uo question of granting any privilege leave to him. The said letter dated 17-3-98 and also the ordjr oi removi'l with a cheque was sent to the Petitioner's residential address by registered post and a copy certificate of posting. The cover sent by registered post was returned by the postal authorities with the remarks 'always door locked¹. Thereafter, the General Manager (Personnel), Southern Region, Chennai, by his letter dated 1-4-98 infonnot the Petitioner that the registered letter to- gether with cheque sent to the above address and return- ed by the postal authorities was available nt his 'Office; and the Petitioner would collect the same on any working day. The Petitioner wrote a letter dated 13-4-98 contending that lie was on duty on 14-3-98, the said order wus not served on him and due to urgent unavoidable furnily issues at native place, he applied for 30 days privilege leave from 15-3-98 vide telegram dated 16-3-98. However, by letter dated 16-4-98 from tho General Manager (Personnel) the Petitioner wna informed of the above facts. A tiuc copy of tho final order dated 14-3-98 and a fresh cheque for Rs. 11,586,76 was also sent along with a letter dated 16-4-98. Thus, the Petitioner's contention are far from truth and not tenable. As a reference was pending before the National Industrial Tribunal, Mumbai, an application was filed simultaneously on the date of remov- al i.e. 14-3-98 before the National Industrial Tribunal praying for approval of the action taken. The National Industrial Tribunal, after having a detailed hearing of the case, gave its judgement on 8th April, 1999 according approval. The Assistant Labour Commissioner, Madras initiated concilia- tion proceedings, wherein both sides participated and he submitted his failure report to the Government and the Govt. was pleased to refer this dispute for adjudication by this Court. As per the charge the Petitioner on false promise of securing medical seat for the daughter of Mr. Sudalaimu- thu in a medical college in Tamil Nadu received total amount of Malaysian Ringlts 41,000 on various occasions during his visit to Malaysia. On not getting the seat for his daughter an dafter waiting for a long period, the said Sudalaimuthu demanded the Petitioner to return the money. But Ihe Peti- tioner did not return the money and instead directed Sri Sudalaimuthu to collect the money from one Dr. Jacob Xayier, M.D. Jipmer, Pondicherry, who turned out to be a fictitious person. Thereafter, on the complaint of Sri Suda- laimuthu, departmental enquiry was conductedj wherein the said Sudalaimuthu was also deposed. The enquiry preceding were conducted strictly In accordance with the principles of natural justice in which tho Petitioner was fully participated. In all two witnesses and 24 documents were produced by the Presenting Officer and the Petitioner produced his wife and daughter as his witnesses. On the basis of evidence and documents produced in the enquiry, the Enquiry Officer found the Petitioner guilty of the charges vide his report dated 12-7-97. A copv of the enquiry report furnished to the Petitioner for his submissions. On receipt of the submis- sions of thr Petitioner, the Competent Authority considered the entire documents and in view of the gravity of the mis- conduct proved against the Petitioner, Issued a show cause notice dated 18|29-12-1997 to the Petitioner proposing the punishment of removal from service. The Petitioner sub- mitted his rerilv to the show cause notice on 27-1-1998 and he also personally heard on 11-2-1998. After a careful con- sideration of the submissions, the Competent Authority con- firmed the punishment proposed and by an order dated 14-3-]998 removed the Petitioner from service. The dlscioll- nnry proceedings related to misconduct of independent action, if any initiated against the Petitioner by the CBI or the Enforcement Directorate. The Petitioner had filed a Writ Petition No. 9172 of 1992 and Writ Petition No. 10046 •of 1995 in Madras High Court, inter alia, praying for stay of disciplinary proceedings. Ai the Petitioner failed to make out a case for stay of the disciplinary proceedings, Madras High' Court was pleased to dismiss the above petitions. The Respondent only

stuct rules are not applicable in domestic enquiry. Ailer obtaining prior approval of the Central Government in exercise of powers vested in the Indian Airlines under section 45 of the Air Corporations Act, 1953, three seis of service regulations one for flying crew, (ii) for employees in the Aitcrtiit Engineering Department and (iiij for employees, other than Hying Crew and employees in the Aircraft En- gineering Depaiunent weie framed and published in the official gazette. Regulation 182 of the Service Regulations pro- vided tor framing of Standing Ordeis governing discipline and appeals of the employees. Under these provisions, Indian Airlines framed two sets of Standing Orders, one for Factory Workers and other for all employees other than Factory Workers. The Petitioner had been adopting dilatory tact corroborated the allegation by identifying the documents produced by the Presenting Officer. In the nature of telegram letters from the Petitioner, sworn affidavits of some Malaysian nationals, lOUst telephone bills in conneo tion with calls made to the Petitioner etc. and these docu- ments have been taken on record as Management exhibits. They only ffo to support the main charge agdinst the Peti- tioner. Thus, the sworn affidavits produced in the enquiry were corroborative in nature. The depositions of defence witnesses 1 & 2 i.e. wife and daughter of the Petitioner, in the enquiry were duly considered by the Enquiry Officer and in his report as their evidence were not supported by any documentary evidence and their statements were by close relatives of the Petitioner and the same have not demolished the oral nnd documentary evidence produced by the Presenting Officer, the Enquiry Officer had not given credence to the defence evidence. The sworn affidavits very well corrobo- rate the charge against the Petitioner. The Competent Authp- n'ty had passed the order of removal only after carefully con- sidered all the materials on record and the gravity of the misconduct proved against the Petitioner, Since the Enquiry Officer had conducted the enquiry strictly by adhering to the principles of natural justice, giving all opportunities to the Petitioner and he arrived at the conclusion purely on the basis of evidence adduced in the enquiry. At no point of time during the enquiry, the defendant had cast as persons on the Enquiry Officer. The charge sheet was issued to the Petitioner only by the Engineering Manager, Madras, the Deputy Departmental Head, who on receipt of Enquiry Officer's report found the charges proved In the enquiry fravc in nature and since in his opinion, it warranted a puniihment beyond his competence, forwarded the case file to the higher authorities for necessary action. That is how, proceeded against the Petitioner, after tho petitions were dismissed. It is well settled law that the purpose for initia- ting criminal proceedings and departmental proceedings are different and that die facts of the case may not constitute the facts Under criminal law, but the same facts may be temied as misconduct under the service rules. Moreover, 24&1

Hon'ble High Court in those two Writ Petitions filed by the Petitioner challenging the validity of the Charge under Clause" (1), 16(8) and 16(39) by dismissing them, go ro show that the contention of the Petitioner that the charge sheet itself is erroneous on account of the fact that the charg- es are under Clause 1, 16(8) and 16(39) cannot be accept- ed as correct.

Ihe punishment order was finally passed by the officiating Regional Director. When the Petitioner made an appeal to the Regional Director, he was advised to send an appeal to the Director (Engineering), Indian Airlines Headquarters, New Delhi, who is the Appellate Authority in his case. The domestic enquiry can be conducted simultaneously along with criminal cases. There are number of judgements of Ihe Madras High Court and Supreme Court on this point. In any event, the Petitioner is not entitled to any relief must less reinstatement as this Respondent loss confidence in him. The domestic enquiry was conducted in a fair manner after affording full opportunity to the Petitioner. In case, the Tribunal comes to a conclusion that the domestic enquiry held is not fair and proper, the Respondent may be given an opportunity to establish the charges before this Court. There is no prohibition in the Standing Orders in the officiat- ing Regional Director passing orders against the Petitioner. Hence, tho Claim of the Petitioner may be dismissed,

4. The Point lor my consideration is "whether the action of the management of Indian Aii lines Ltd. in terminating the services of Sri R. Palani with effect from 14-3-1998 is justified or not? If not, to what relief is he entitled?"

5. The next contention of the learned representative oi the Petitioner is tnat tnc citl tas hied a case against the 1-uuuoucr unaiii section 420 JU'.C X(l) and 56 ot t-'fcKA m lyey and only on 16'iU-iyyO, the complainant Sri iuaa- laimuLnu nas preiencd a coinpiaini beiorc me Respondent! Management and m {November, lyyO, mo Management has issuuj a cnarge sheet Ex. Ml and the enquiry in tins wasc by the department is not all warranted urgently. Only when tne employee found gujny ol tne criminal charges by ihe concerned Criminal Courts, then only the Respondent h i \c right to enforce disciplinary action. Though there could be no legal bar for simultaneous proceedings being taken, yet there may be cases wheie it would be appropriate to defer the disciplinary proceedings, awaiting the disposal of crimi- nal cases and it would be open to the delinquent employee to ask such an order of stay or injunction fiom the Court. In the present case, the criminal action of disciplinary pro- ceedings are grounded upon the same set of facts anil the disciplinary proceedings should have been' stayed by the High Court. This contention of the learned representative of tho Petitioner cannot be accepted, since the High Court was • pleased to dismiss the Writ Petition filed by the Petitioner twice for staying the disciplinary proceedings for the same act mentioned in the chargeshcet Ex. Ml as well as proceed- ings taken by the criminal prosecuting authorities i.e. CBf and Enforcement Directorate. After the dismissal of Writ Petition No. 1OO46|95, the Petitioner has preferred a Writ Appeal No. 39|97 in the Madras High Court. In the Writ Appeal also, the Hon'ble High Court of Madras held that

it is not possible to hold that both the proceedings r.rc based upon tho same set of facts and same conduct. As such, if the disciplinary proceedings is proceeded with no prejudice would be caused to the Petitioner|Appell:int. When the conduct of the Petitioner which is subject matter of the dis- ciplinary proceeding is not the one which is the subject matter of the criminal proceeding, learned Single Judge is justified in refusing to grant relief on allying the principles enunciated in the B.K. Meena's case. This contention of the learned represonta*ive of tlir petitioner was already not accepted by the High Court of Madras. Under such circum- stances, the same contention hereby raised by tho learned counsel for the Petitioner cannot be accepted as correct and valid.

6. The learned representative of the Petitioner had put forth an another argument stating that as per the charge sliced the Petitioner had taken a total 41,000 Malaysian Ringitts equivalent to Rs. 2.25 lakhs in Malaysia from one Sri Sudalaimuthu, who is a citizen of Malaysia and even if,tho Petitioner had taken some money as alleged by the Respon- dent from the said Sri Sudalaimuthu, the said act having been committed in Malaysia, the Petitioner cannot be said to have committed any misconduct as alleged in Clause 1, 16(8) and 16(39) of the Standing Orders. Even the said act of the Petitioner is proved, it cannot be a conduct which will bring discredit and lower the prestige of the Corporation in order to frame charges under Clause 1 of the Standing Orders, It can only be a private transaction between two individuals of which one is a foreign origin and.therefore, thf Petitioner cannot be said to have commi'ted the misconduct as envisaged under Clause 16(8) or Clause 16(39) of tho Standing Orders of the Rpsn^ndent, This contention of the learned counsel for the Petitioner cannot be accepted as correct because In Clause (11 of th<- S'andiriR Order of Air India, it is stated that "every employee of the Corporation shall at all times maintain absolute integrity and devotion to duty and conduct himself in a manner conducive 1o the best interests, credit and prerooratinn." From this, it js seen that the employee of the. Indian Aifl'nes must at all times conduct himfielf in a manner conrindve to the best interest, credit find prestiw of the e"toVi'i-hmpnt. It cannot ho said that the act of getting 41,000 Malaysian Ringitts by the Petitioner wJll "not bring discredit to the point :—The Petitioner was working as a Technical Assist- ant in the Engmering Department ot the Indian Airliner at ChenDai. He was removed from service by the order of Re- igonal Director, Indian Airlines Ltd, Chennai dated 14-3-98 for serious misconduct. The Petitioner was issued a Charge Sheet dated 1-10-91 for the charge that he received to^al 41,000 Malaysian Ringitts from one Sri Sudalannuthu on tho false promise of securing a medical seat for his daughter Bhuvaneswari in Medical College in Tamil Nadu. On not getting the scat for his daughter and after waiting for a long period, Mr. Sudalaimuthu demanded to return the money and the Petitioner did not return the money and instead directed Sri Sudalaimuthu to collect the money from one Dr. Jacob Xavier, M.D. Jipmer, Pondicherry, who turned out to be a fictitious person. On three charges levelled against the Petitioner, a departmental enquiry was held and the Enquiry Officer found all the charges have been proved against the Petitioner. Since the charges levelled- against the Petitioner was proved the Resr>ondent|Management considered that it would amount to the Petitioner committing breach of Clause 1 of thu Standing Orders and committing misconduct as envisaged under clause 16(8) and clause 16(39) of the Stand- ing Orders, regulations concerning discipline and appeals applicable to the Petitioner.' After tho issue of charge sheet to tho Petitioner. The Petitioner had also participated in the domestic enquiry conducted by tho Respondent]Management and on conclusion of the enquiry, the Enquiry Officer gave the finding that the charges against tho Petitioner have been proved. The Competent Authority, who concurred with the finding of tho Enquiry Officer has passed the order of termination of service of the Petitioner, after issuing a show cause notice. Since the Respondent having two sets of Standing Orders i.e. one for those who are governed by Factories Act and the other thoso who are not governed by the Factories Act, and that the Petitioner falls within the ambit of Standing Order applicable to workers covered under the Factories Act, 1948. But the charge memo issued to Petitioner was on wrong standing orders. Hence, the enquiry of the wrong Standing Order tantamount to that of 'no enquiry'' and that the Petitioner has not committed any mis- conduct in India to any of the customers of Air India and therefore, issuing charge sheet under Clause 1, Clause 16(8) and 16(39) of Standing Orders (Regulations concerning discipline and appeal) itself is erroneous. This contention of the learned advocate for the Petitioner cannot be accented as correct because as it is seen from the records, the Petitioner hod filed a Writ Petition No, 9122 of 1992 before the Madr-i High Court challenging the proposed departmental enauiry against him under Clause I, 16(81 and lfi(39) of Standing Orders (ReeninMons), The si'd Writ Petition w^s diTrmsfd on 10-7-92. Subsequently, he has filed another Writ Petition No. 10046 of 1995. with a prayer to issue a W'it of Manda- mus, for bearing the Respondent in the Writ Petition, who are the IT Pfirtv|,\Tanaccmeni herein, from proceeding with the departmental proceedings in pursuance of charpe memo issued bv the Management. On 1-10-91 under rbiise 1, 1678) axid I * n 9) of the Standing Orders. This Writ Petition ' TO also dismissed after hcarlr.y. From these decisions of trie" 2482 TUB GAZtrib Ot INDIA :jUNb 2, 21)01/JYAlSl'HA 12, 192i [PART U—SEC. S(iijJ employci and the prestige Cu tbc Corporation be ioweied. Fu,nx tne rs-coius uvuii>iuic, n is seen tnut me chaige against tins I'cutionei- as enargesneetea employee beror tne inquiry Oincer was round to oe proved by me inquiry Urncer by (jviotuccs boai oiul and documemary piacea oetore tlic TuouiW and it attract piovisions ot Clause ( i) ot tne Sland- ing urtleis. Jhe contention ot tne learned representative ot tho Petitioner that the said act was committed by the Pcuuouer in a loreign nauon with the foreign national cannot iimouni tu a misconduct to be considered under Ciause ^1) of the Sending Orders, cannot be accepted as coirect. Fur- ther it is not necessary that the Complainant should be a customer of Air India, since the Standing Orders expect e\ery employee of the Corporation to maintain absoiuie integrity ut all times and conduct himself in a manner con- ducjve to the best interest, credit and the prestige of the Corporation. When especially the Enquiry Officer has found the charge against the Petitioner, delinquent employee in the dom^tic enquiry is proved, it cannot be said that the Petitioner as an employee of Air India maintained integrity when he was in Malaysia and conducted himself in a manner conducive to the best interest, credit and prestige of the Corporation. As it has been observed by the National In- dustrial Tribunal in its order under Ex. M16, the disciplrnaiy proceedings are meant not really to punish the guilty but to keep th(,39) is to be rejected.

Management. On thtu day* enquiry, the £nquu> Officer has also n o ui tiiat ne is sci>umy me co^y oi uie proceedings ip^vs i> -o H) aionjf wun tuo oviuq^cc MJtUJ auti M.C-4 luuig uie next silting ior tue enquiry on n - i - y/ itu me iKjiuquuiu employee io cross cxauiujc ivivvi. un me JIUAL sit- un^ oi ui'i. eiiijuny on t w - y /, uie ueioiquent cmpioyce, tne petitioner iiexviu, uas ciou-uxuniinuu me iviWz ai iciigui. io, nom tms H W eviaenuy cicar aiat me Xiflqurry Onicei has not violated ifle principles oi naiiual justice in OAamia- mg M Wi Ample opponuuities were given to the deiinqueut employee to cross examine ihe MW/ on 11-1-y/ and on mat day he has not raista any objection before the fcnquiry Omccr that tho examinauon ol MW2 on th p"evi6us suting of tile domestic enquuy on 4-1-91 amounts to a violation Ot prmciptcs of_natui.ij justice by the Enquiry Oflicer and he nas taxen part iii the enquny on H-l-y7 with the protest. So, uinicr such circumstances, the contention of the learned repiesentative oi the Petitioner that MW2 has been examined behind back of the delinquent employee and the Enquiiy Officer has violated the principles of natural justice in not giving sufficient opportunity to the Petitioner in defending his case is unacceptable. It is seen from the records that the Petitioner had not in a position to examine himself as wit- ness before the Enquiry Officer, but examined his wife and daughter as defence witnesses. So, it cannot be said that he was not given sufficient opportunity to put forward his case. So, on the basis of these available facts by way of materials in this case, it cki be concluded that the contention of tho Petitioner that he was not given sufficient opportunity to put forward his case and cioss examine the witnesses for the Management is untrue allegation and he has stated so in support of his contention that principles of natural justice has been violated by the Enquiry Officer, which is absolutely incorrect on facts. The perusal of the enquiry proceedings in the evidence given by the complainant as MW1 clearly shows that the Petitioner has received 41,000 Malaysian Ringitts in Malaysia from tho MW1 in connection with getting admission for the daughter of MW1 in a medical college in Tamil Nidu. Under such circumstances, the contention of the learned representative of tho Peti'ioner that CBI and subsequently Enforcement Directorate have not able to establish tho charge atjalnst the P^Woner in the cri- minal proce""d!ntfs hnve mine to bo considered aeflJnit the flndmtts of 'V Ennnirv Officer in the droiwiHc enariry can- r ot be BCCMlVd. Bv tfin p r o wl Tr,Ir.COI1^llct of thf rU"imient cmrilovee bff^re thr F^n'i'ry Ofl"r'<*r. hi* PBV" 3 fitii"iii" tfi/vt thf charge shreted emnlovee is the miilty of misconduct as ftl'ptfd nnd the action t^Vei bv the Manao^Tifnt *["Mnst Ihe Petitioner for the proved misconduct of the Petitioner by passing an order of removal from service as a punishment cannot be considered as an unjustified one. The proof re- quired under a criminal proceedings to establish the guilty nature of the accused as per the charge is different before tho domestic enquiry to prove the allegpd misconduct mentioned in the charge, in view of different in standards. The Enquiry Officer on tho basis of evidence rendered during the enquiry, ho found that the Petitioner had received money a" a¹le"cd in the charge memo. Merely because the CBI and Enforce- ment D'recto'-a'e were not ablr to prove fhfl case reRtefred in the FIR cannot restrain the Enquiry Officer from flnd'ng the Peti'ioner guilty of the charge memo as ft grave mis- conduct of proved facts. The various decisions cited by the learned representative i"i support of his various contention* in this case are not squarely applicable to the present facts of this case. Under sueh circumstances, It can be easily concluded on the basis of materials available in this case that orders passed by the Competent Authority is not bad m law and it is not cased on cleiective or vitiated enquiry. On the other hand, it is seen that the domestic enquiry was conducted in a fair manner, alter affording full opportunity to the Petitioner and Hidings of the Enquiry Officer that charges levelled against the Petitioner, delinquent employe, in trjo domesac euquiry have been proved io the rinding guilty of charges is acceptable. Further, it is seen that proved misconduct is grave in nature which warranted an order of dismissal ot tne Petitioner from service, as decided by the Disciplinary Authority is absolutely correct. Under such circumstances, the Petitioner is not entitled to any relief much less there instatement is service since the Respondent| Management has lost confidence in him. Hence, J find that the action of the Management of Indian Airline* Ltd." Jn terminating the services of Sri R. Palani with effect from 14*3-1998 h justified and the concerned workman is not entitled to any relief. Thus, I answer the point accordingly.

In the result, an award is passed, holding that the Petitioner is not entiitlcd to any relief, as prayed for. Mo coat.

(Dictated to the Stenographer and transcribed and typed by him and corrected and pronounced by me in the opoti Court on this day, th- 17th April, 2001.)

K. KARTHIKEYAN, Presiding Officer Witnesses Examined :

On either side : None.

Documents Marked:—

fcor the work_man|I Party :

Ex. No. Date and Description

Wl 16-11-90 Xerox copy of complaint against the Peti- tioner by one K. Sudalaimuthu to the Respondent.

W2 5-10-91 Xerox copy of reply to the charge sheet by the Petitioner.

W3 22-10-91 Xerox copy of order for departmental enquiry and appointment of the Enquiry Officer.

W4 (1) 25-6-98 Xerox copy of letter of the Respondent along with returned Appeal to the I party.

W4 (2) 2-7-98 Copy of Petitioners Appeal to the Direc- tor Engineering HQ at Delhi along with th0 Appeal.

W5 31-10-89 Xerox copy of FIR .filed by CBI|SCB before the Court at Madras.

W6 27-5-57/25-11-61 Xerox copy of Indian Airlines Standing Orders for factory workers and Non-factory workers.

FW the Management|fl Party:

Ex. No. Date and Description

Ml 1-10-91 Xerox copy of Chargesheet.

M2 15-2-92 Xerox copy of enquiry proceedings. M3(S) — Xerox copy of Management documents marked as "xhibits in domestic enquiry.

M4 12-7-97 Copy of internal correspondence between the Enquiry Officer and the Dy. G.M. (Engiiieemift) Indian Airlines Ltd.

M5 18-12-97/29-12-97 Xerox copy of show cause notice issued to the Petitioner by the Respondent.

M6 27-1-98 Xerox copy of reply to show cause notice by the Petitioner to the Respondent.

M7 6-2-98 Xerox copy of letter from the Management to the Petitioner regarding show cause notice. ' M⁸ . —. Xerox copy of Record notes of persona] hearing held op 11-2-98.

M9 14-3-98 Xerox copy of order of removal.

M ¹° — X o r°* copy of postal cover with" postal

2483 M14 16-4-98 Copy of letter from the General M&a&gtT (Personnel), Indian Airines, Chennai to the Peti- tioner.

M15 22-6-98 Copy of letter from the Petitioner to re- consider his removal from service to the Regional Director (South), Indian Airlines, Chennai.

M16 8-4-99 Xerox copy of the judgement of Natlonnl Industrial Tribunal.

New Delhi, the 4th May, 2001

S.O. 1224.—In pursnanne 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, (No. II) Murabai, as shown in the Annexure in the Industrial Dispute between the employers in rela- tion to the management of Mis. Indian Airlines and their workman, which was received by the Central Government on 3-5-2001,

INo. L-11012[122|2000-IR(C-I)] S. S. GUPTA, Under Secy.

ANNEXURE BEFORE THE - CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. II, MUMBAI PRESENT :

S. N. Saundaukar, Presiding Officer

Referenc No. CGIT-2|102 of 2000 Employers in relation to the management of The Regional Dirctor, Indian Airlines, Old Airport, Santacruz (East), Mumbai-400029.

AND

TJieir Workmen The Chairman, Air Corporation Employees Union, C|o. Indian Airlines, New Enesr. Complex. Sahar, Mumbai-99.

APPEARANCES :

For the Employer :

Mr. IV. S. Lai and Mr. N. J. Gonsfdves, Advocates.

2484 THE GAZETTE OF INDIA: JUNE 2, 2001/ JYAISTHA 12, 1923 [PART TL^SBC: 3fji)] For the Workmen :

Mr. A. K, Menon, Representative.

Mumbai, dated the 22nd March, 2001

AWARD

The Government of India, Ministry of Labour, by its Order No. L-11012|122|2000 (C-I), dtd. ] 8th October, 2000, have referred the following Industrial Dispute for adjudication.

"Whether the action of the management of M|s Indian Airlines Ltd., Mumbai in dismissing Shri D. S. Hamav from the services is justified and proper ? If not, to what relief is the workman entitled ?" 2. On receipt of the reference the union and the management were issued notices by this Tribunal. The Under Secretary, Government of India, vide Corrigendum dtd. 25-1-2001 (Ex-6) pointed out that the name of the worker is D. S. Hamav and not H. M. Hamun as mentioned in the reference. In response to the notices the Union Chairman, Mr. Menon, vide pui'shis (Exhibit-7) apprised that they do not wish to proceed with the reference and therefore Statement of Claim bas not been filed and the reference be disposed of. The Learned Counsel for the management Shri N J. Gonsslves did not object to that. Consequently the reference will have to be disposed of for non-prosecution. Hence the order :—

ORDER

The reference stands disposed of for non-prose- cution vide purshis (Exhibit-7).

S. N. SAUNDANKAR, Presiding Officer EXHIBIT NO. 7

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 2, AT MUMBAI CGIT-2|102OF 2000

Indian Airlines Ltd., New Engineering Complex, Sahar, Vileparle (East), Mumbai-400099. .. . Representing Employer Chairman, Air Corporations Employers' Union, C|o Indian Airlines Ltd., New Engineering Complex, Sahar, Vilepaxle (East), Mumbai-400099. . .. Representing Workman APPLICATION FOR A NO DISPUTE AWARD.

MAY IT PLEASE THE HON'BLE TRIBUNAL :

1. The Central Government vide Order No. L-l 1012|J22|2000-IR (C-I) dated 18-10-2000 has referred the industrial dispute as to Whether the order of termination of Shri D. S. Hamav is justified and if not to what relief he is entitled to, 2. Having regard to the facts and circumstances of the case the reference is not being pursued and accordingly the statement of claim is not being filed.

3. The Hon'ble Tribunal be pleased to pass a No Dispute award and dispose of the reference.

Mumbai

Dated : 26th February, 2001

for Union

A. K. MENON, Chairman New Delhi, the 4th May, 2001

S.O. 1225.—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, (No. II), Dhanbad, as shown in the Annexure in the Industrial Dispute between the employers in re- lation to the management of M|s. BCCL and their workman, which was received by the Central Government on 3-5-2001.

[No. L-20O12|2O|87-D-IIIA|IR(C-I)] S. S. GUPTA, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT:

Shri B. Biswas, Presiding Officer.

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act, 1947.

Reference No. 236 of 1987

PARTIES :

Employers in relation to the management of Phularitand Colliery of M|s. Bharat Coking Coal Ltd. and their workmen.

APPEARANES :

On behalf of the workmen :

Shri D Mukheriee, Secretary, Bihar Collierv Kamgar Union.

2485

their workman, which was received by the Central Government on 1-1-2001

On behMf of th* einpToyers : Sbri B. Joshi, Advocate.

[No. L^0 Jharkhand 4 , INDUSTRY Coal

S S. GUPTA, Undtjr Secy.

dated, Dhanbad>*#ie"24tn April, 2001

ANNEXURE AWARD

BEFORE THE .CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT'

The Govt. of India, Ministry of Labour, in exercise of the powers conferred on them under Section 10(1)(d) of the I.D. Act, 1947 has refer- /ired the following dispute to this Tribunal for ad- judication vide their Order No. L-2OO12(2O)|87-

Shn Bi Bwwas, Presiding Officer JD Hl(A) dated, the 13th July, 1987

-In the matter of an Industrial Ejuspute under 'SCHEDUIF

SeU,on 10(1) (d) of the I.D. Act, t947

Reference No 1T7 of UIOl

. P A R t ^ r .'

Employers in relation Xo, tfce mana^,emept of

Maheshpur ColU^y in Govindpur Area No. in of M(s $CCL pnd,tt"u: work- men.

"Whpthfcr the demand of Bihar Colliery Kamgar Union that the workmen, S|Shn Prabhu Mahato and 9 others, Trammers of' Phulsmtand Colliery of M)s Bharat Coking Coal t-td. should be paid Cate- gory-IV wages for performing the extra jpi>s ya addition td the job of tramming ii justified ? If so, to what relief are these workmen entitled ?"

APPEARANCFS •

Oh behalf of the Workmen

Shn S *Bose, Treasurer, RCMS Union,

On behalf of the employers • ' , Sfiri B, Joshi, Advocate

STATE . Jharkhandv INDUSTRY : Coal

Dated, Dhanb-^ the 24th ApriL, 200J

AWARD

The Government of India. Ministry of Labour, J532 GI/2001—13 UU THE GAZfiTO OF INDIA : JUNfe 2* 2001/JYAISTHA 12, 1923 [PART It—$*c\ 3(ii)] New Delhi, the 4th May, 2001

S.O. 1227.—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, (No. II) Dhanbad as shown in the Annexure in the Indus- trial Dispute between the employers in relation to the management of M|s. Central Hospital and their workman, which was received by the Cen- tral Government on 3-5-2001.

[No. L-2OO12|361|98-IR(C-I)] S. S. GUPTA, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT :

Shri B. Biswas, Presiding Officer.

In' the matter of an Industrial Dispute under Sec- tion. 10(1 )(d) of the ID. Act, 1947.

Reference No. 138 of 1999

PARTIES

Employers in relation to the management of of Central Hospital, Dhanbad and their workman.

APPEARANCES :

On beHalf of the employers : Shri D.K. Verma, Advocate. On behalf of the workmen : Shri Kashinath Mandal

the concerned workman.

STATE : Jharkhand INDUSTRY Coal Dated the 26th April, 2001

AWARD

The Govt. of India, Ministry of Labour, in exercise of- the powers conferred on them under Section 10(1) (d) of the I.D. Act, 1947 has re- ferred- the- following- dispute to this Tribunal for ad- judication vide their Order No. L'-2OO12!361|98- IR(C-I).. dated, .the 22nd February, 1999.

SCHEDULE

"Whether the action of the Management of Cenfral Hospital, Dhanbad in dismissing Sri Kashjnath Mandal, AC Operator from the 'service of the company is justi- fied ? If not, to what relief the workman is entitled to i?"

2. In this reference both the parties appeared and filed their respective W.S. Subsequently when the case was fixed both the parties appeared and filed a Memorandum of Settlement under their signature. I heard both the parties on the said Memorandum of Settlement and find that the terms contained therein are fair, proper and beneficial to both the parties. Accordingly, I.accept the said Memoran- dum, of settlement and pass an Award in term* thereof \vhich forms, part of the Award as Annexure.

B. BISWAS, Presiding Officer

ANNEXURE

MEMORANDUM OF SETTLEMENT Representing Employers .

The Chief of the Medical Services, Central Hospital, Dhanbad of : M|s. Bharat Coking Coal Ltd.

Representing Workmen :

The General Secretary, Jharkhand Janta Mazdoor, Quarter No. 1-373 Koyala Nagar, Dhanbad.

SHORT RECITAL OF THE CASE The workman concerned Shri Kashinath Mandal, A|C. Operator wag Twp_rkipg at Central Hospital, Dhanbad and committed a misconduct in the month of May, 1997. The, mana£emept after conducting fair and proper domestic enquiry dismissed the workman concerned from. Ms service by Order dated l'9r-l 1-97 with effect from 1941-97 in accordance with the provisions of Certified Standing Order.

And whereas the Central Govt. by notification No T,-2Q012/361/98-IR(C-I), dated 22-2-99 has been pleased to refer the present case to the Hon'ble Tribunal for adiudicaion on the issue con- tained in the schedule of reference which is repro- duced beiow :—

SCHEDULE

"Whether the action of the management ot Central Hospital, Dhanbad, in dismiss'ng Sri Kashinath Mandal, A.C. Operator from the service of the company is justi- fied ? If not to what relief the workman is entitled 7"

And whereas the Hon'ble Tribunal No, 2, Dhanbad registered the aforesaid Reference as Ret Cast No. 138 of 1999 and whereas the work- 24*?

3. Sd|- (illegible)

man concerned 45Twcll as the management has filed their W.S. before the Tribunal and thq, case is pen- ding for hewing*.

Sd[- Kashinath Mandai Signature of the* concerned

Workman.

And, whereas the workman concern^ filed * mercy petition before- the management ,|pr $ettle-v ment of the dispute outside the Court ,,a*id the management on consideration of tha mercy^petition has agreed to settloment Of the dispute on U%foUow- ing terms and conditions^-—

1. The management has agreed to reinstate the concerned workman without any back wages*

2. The concerned workman will have no right to claim the back wages from'tiie period i.e. from the date of his dismissal to the date of his joining.

3. It has also been agreed by the manage-

ment that the concerned workman will b" reinstated in his service subject to his med'cal fitness by the Area Medical Board

4 It has tilso been agreed that on leinstate-

ment he will be oostcd in other units than his present unit department.

5 The workman concerned has also agreed to discharge his duties with full devotion and loyalities after reinstatement

6 It has aho been, agreed that the workman concerned will have to establish his iden- tity at the time of reinstatement

New Delhi, the 21st May, 2001 7 Both the parties have agreed to file a joint petition before the Hon'blc Tribu- nal for acceptance of the settlement ar- rived at between them

Signature of the Parties .

1. On bhalf of the employers :

Sd¹. uUegibleJ

SO. 1228—Whereas the Central Government hav- ing been satisfied that the pubhc interest ?o required had, in pursuance of the provisions of sub-clause (vi) of the clause (n) of Section 2 of the Industrial Dis- putes Act, 1947 (14 of 1947), declared by the Noti- fication of the Government of India in the Ministiy of Labour SO No 2666 dated 24,11-2000 the ser- vices in Security Printing Press, Hyderabad"to be 4 public utility service for the purpose of the said Act, (or a period of six months from the 24*U*2QQQ.

Chief of the Medical Services pf Central Hospital, Dhanbad of M|s. Bharat Coking Coal Ltd.

2. On behalf of the workmen .

And whereas, the Central Government " of opinion that public interest requires the exteosiqn of th© -said period by a further period of six months;

Sd|- (illegible?)

The General Secretary, Jharkhand Jantft !Vfa?door, Or. NQ, Ijy373, Koyala Nagar. Dhanbad.

Witnesses :—

Now, [therefore, in exercise of the powers conferred b> the proviso to sub-clause (vi) of clause (n) of Section 2 of the Industrial Disputes Act, 1947, the Central Government hereby declares the said industry to be a public utility service for the purposes o,f the said Act for a period of s" nwnths fnomi tha, 24th Mav,-12001

1. S d^ (illegible)

2. Sd|- (illegible)

[F. No S-11017[&7-IR.(PP)] JI. C GtfFTA. tTnd*r*S"cy.

f^mawns*^: 1VKE , 2m/ nMsmA u_ i9.u

New Delhi, the 11th K

2489

was conducted in accordance with the provisions of law rules and principles of natural justice. The En- quiry Officer has acted impartially and given the cor- rect finding based on the material available on record. The contract of employment pcrrojt the.management to take disciplinary action for serious acts of miscon- duct. The management has inherent powers to take disciplinary action against any workman in order to maintain discipline and good industrial relations. Jn view of these facts the enquiry conducted,, against the workmen by the management were perfectly legal and proper. The finding of the Enquiry Officer is perfectly legal which does not require any interference at all. Looking to the misconduct of the workmen the punishment of dismissal from service is appro- priate and does not require any interference by this tribunal. In view of all these facts the workmen are not entitled to any relief as claimed by them in the present case.

The following issues have been framed in this case and my findings thereon are noted hereinafter :

1. Whether the enquiry is just, proper and legal ?

2. Whether the management is entitled to lead evidence before this tribunal.

3. Whether the charges of misconduct arc proved on the facts of the case ?

4. Whether the punishment awarded is proper and legal ?

5. Relief and costs ?

7. Issue Nos. 1 and 2 : It has already been held by this tribunal on 5-1-96 that the Departmental Enquiry conducted against the workmen by the man- agement is perfectly legal and proper. The manage- ment is therefore not required to lead any evidence to prove the alleged misconduct of the workman. In view of-these findings, both these issues need no consideration at all.

8. Isrsue Nos. 3 and 4 : It has been' held by my learned predecessor that the Departmental Enquiry conducted against the workmen is perfectly legal and has not caused any prejudice to the workmen. Now we have to consider as to whether the punishment of dismissal from service awarded by the management against the workmen is proportionate in the circums- tances of the case or not. The workmen have been charged for misconduct of assaulting the Senior Officer Shri A. K. Das who was performing, his duty in the. coal mines at the relevant time. The Enquiry Officer has considered the entire evidence, adduced by the parties tto the dispute and thereafter he held the charges proved against the workmen. He has consi- dered the entire facts judiciously and without any pre- judice. -His finding is baspd on cogent reasons. This court cannet sit as a court of appeal over the finding of Enquiry Officer. It is not appropriate for this tri- bunal to rcappreciaie the evidence adduced before the Enquiry Officer. The finding given by the Enquiry Officer against the workmen in no--way suffers from any legal iacunefl. In view of the forejjrnng discussions it is held that the rnlscohduct. ui (lie workmen have been established by the material available on record. Issue No. 3 is answered accordingly.

9. Issue No. 4 : The woncmen naa assaulted the senior officer of the management at the pit mouth oi the coal mines while he was on duty. This conduct of the workmen in no way can be said to be justified. Such type of ritious act does not deserve any lenient action against the workmen. The order of dismissal passed by the management against the workmen is absolutely proportionate to the circumstances of the case. It does not require any interference by this court. Issue No. 4 is answered accordingly.

10. Issue No, 5 : On the reasons stated above it is held that the workmen had betin legally dismissed from service, by the management. The order of dis- missal from service is absolutely just and proper and does not require any interference. The workmen are therefore not entitled to any relief as claimed by them. The reference is accordingly .answered in favour of the management and against' the workmen.

11. Copy of the award be sent to the Ministry of Labour, Government of India as per rules.

K. M. RAI, Presiding Officer vNcw Delhi, the 11th May, 2001

S.O. 1230.—In, pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 19t47), the Central Government hereby publishes the Award of the Central Government Industrial Tribunal|Labour Court, labalpur, as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of FCI and their workman, which was received by the Central Government off 3-5-2001.

INc. L-42O18|12|88-1R(C-II)] (N. P. KESHAVAN, Desk Officer-

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRTBUNAL-CUM-LABOUR COURT, JABALPUR

Case No. CGlT]LC|R(4>f89 Presiding Officer.—Shri K. M.'Rai.

Shri A. N. Kafise, ?0 Subhash 'NagaE,. tv, Behind Mukesh StudiB, [ndore. Applicant 2 4 * 0^ T HE G A Z E T TE OF I N D ty • " I M P. a , 5 A ni / J Y A t s HU 1 2_ 1 9 23

( P A RT % - $ 5 q, J ( i i )l Food Corporation of- India, New D<$b& Senior Regional Manager, FCl.'Bhopal, Shri K. K. Krishnao DM (Engr.),

Regional Office, FCI. . . . Non-Applicant.

AVYARD

Delivered on this U th day of April, 2001

appeal and ultimately, he dismissed thp, appeal on flimsy grounds, I f e > as not, given the bpportunity for personal hearing. The order of the appellate authority is a npn~speaking order passed mechahipaUy without stating any reasons in respect thereof. The punishment is absolutely disproportionate to, the alleg- ed misconduct. The action of the management in removing the workman from service, is absolutely arbitrary and discriminatory. He bas been held guilty on the basis of probabilities and surmises only. The order of removal from service therefore deserves to be quashed. He is entitled to reinstatement with back wages and other monetary benefits attached to that post.

1. The Goyerjimsnt, of India, Ministry, of Labour, New Delhi vide Order Nc. L-420l8(l"2)|88-D14(B.) dated 24-2-8ft has referred tjhc following dispute, for adjudication by this tribunal :—

"Whether the octipn of the District Manager, FCI, Bhopal in dismissing th& workman vide ordrf No. V&S 4(39)|84 dt, 14-3-86 issued by the Senior Regional Manager, FCI, Bhbpal is justified ? If hot, what rer lief the workman Sht'v A. M. Kapse, Ex. Assistant Grade IlJtD) is entitled?"

5. The case for the management is that the ajppli- cunt while working at LNG Go^lown Indore during the year 1983 has issued 13 quintals of sugar to Mis. Rashtriya Upphokte Bhandar. Sanyogitagani, Indpre on 24-11-83 under RO" No. 83082 dated 24-11-83 by unauthorisedly correcting the serial number of the Release order against the printed release order num- ber and had als6 issued lhet stocks o fl 3 quintals of sugar to the party by preparing all the relevant docu- ments despite haying- his own doubt about genuine- ness of the release order as expressed in the letter No. L. N. Mandi Unit II Assistant Manager, FCI, (LRT) Indore dated 24-11-83 prepared in his own handwriting. In this way Shri A. M. Kapse indulg- ed himself in the fraudulent act in collusion with the party to gain illegal gratification from him (the party). Shri A. M. Kapse thus committed a grave misconduct by acting in a manner unbecoming of an employee of the Food Corporation of India violating regulations 31 and 32 of the FCT Staff Regulations, 1971.

2. The case for the workman is that he was a per- manant employee as Assjslajit Grade III (Depot) in the office of {he District Manager, FCI, Tndore. The management removed the workman from service vide its order dated 14-3-86. The Departmental Enquiry for the aUcged,.misconduct was conducted against him by the management for violating rcguTations-31 of and 32 of FCI (Staff) Regulations, 1971. The enquiry was held against him umjcr- regulation 58 of the said regulatjpn by the Enquiry Officer Shri K. K. Krishnan, Disirict Manager. The Senior Regional Manager, FGI, BhopaL ha4 np jurisdiction to issue the cljargesheet and appoint Shri K.. K. Krishnan as Enquiry Officer to hold the departmental enquiry igainst him.

6. Trie management further alleges that the charge- sheet was served to the workman who submitted his explanation which was not accepted as satisfactory. The E>epartmental Enquiry was conducted against him and during the enquiry proceedings, aH the rele- vant documents were given. The workman was allowed to cross examine the prosecution witnesses and to put up his defence properly. He was allowed to adduce defence statements also. He was also allowed to engage the defence Assistant to assist him during the Enquiry Proceedings. He was allpwed to inspect all the relevant documents. The workman did net examine qny defence witness nor examine himself during the enquiry proceedings. After the enquiry was over, the parties submitted their argu- ments and the Enquiry Office; submitted his report after carefully examining the evidence and circum- stances available on record. The Enquiry Officer had acted impartially and without favouring the management. The Disciplinary Authority accepted the report of Enquiry Officer and the penality of re- moval from service was imposed on the workman,. The workman filed appeal before the Competent Authority against the order of removal and the Appellate Authority also concerned with the finding of the Enquiry Officer, The workman's appeal was accordingly dismissed.

3. The workman further alleges that the Depart- mental Enquiry conductedj against him was illegal and in utter disregard of principles of natural justice. During the course of enquiry, the Enquiry Officer did not supply him the relevant documents relied on by the management. He was not allowed to cross exa- mine the prosecution witnesses effectively. He was also not allowed to produce the defence witnesses and give his own statement before the Enquiry Offi- cer. The Enquiry Officer had acted as a prosecutor favouring the management. The important witness- es were also not examined during the course of enquiry nor the workman was allowed to exa- mine them as a defence witness. The Enquiry Offi- cer obtained :his- signature on some plain papers forci- bly and by giving his allurement of acquitting him of the alleged charges. The charges were not proved against him on the basis of the facts and circumstances available on record. Thefindingof the Enquiry. Officer is absolutely perverse. No show- cause notice was issued to him prior to passing the award of punishmeni of removal from service by the management. The Enquiry Officer had wrongly held him liable for committing the alleged misconduct.

4. It is further alleged by the workman that he preferred an appeal before the Competent Authority against the order of removal from service. Tho appel- late Authority did not apply his mind in deeding t!hc

7. It is further alleged by the management that the Departmental Enquiry conducted against the workman was perfectly legal and tht punishment of removal frpm- service is .appropriate in the, circum* stanow of thf oa§e. The ppnjjfement therefore daca i4fli not require any interference in I te Jftstant-case. The workman is not entitled to any relief as olaimed by him.

8. The following issues arise for decision in the

instant case—

1. Whether the Departmental' Enquiry tortduct- ed against the workman is just and proper ?

2. Whether the management is'tntMled'to lead evidence to prove the alfeged Wltecohduct of the workman.

12. The workman has been found guilty for the rriisddriduet of forging a dttrtlmerit iff collusion with the private rjdrty ifl, orffet W gain WfflScK. This act of the workman is highly prejudicial to the interest of FCI. Due to this fact, the management Bas lost con- fidence in him. In th© circumstances of the case the punishment of dismissal from service imposed on the workman Cannot btf held to be ewssivc or dispropor- tionate. It is therefore held that the management has Jrlghtly lfflJK""i the p*uMa*rfrh"n,t Of dismissal fiom service on the workman. It dO"* not fftqUire any inter- ference in the circumstances of the case. The workJ man is not entitled to" reinstatement with back wagei. Issues No. 3- & 4 are answered accordingly.

3. Whether the punishment of removal from service of the •workman is just and proper ?

4. Whether the workman is entitled to re-

instatement with back wages.

5. Relief and costs ?

9. Issue No. 1 & 2.-—It has been hald by'my learn- ed predecessor on 25-9-98 that the Departmental en- quiry conducted, against the workman is perfectly legal and valid. In view of this ftrtding,; the Validity of DE needs no further consideration. The manage- ment is therefore not required to lead any evidence to prove the alleged misconduct Of the NvoHtman. Both these issues are answered accordingly,

13. Issue No. 5.^-Ofr trie reasons stated above, it is held that tho charges of-misconduct has been prov- ed against th* workman during the Departmental Enquiry which Was* ConducfcSd legally and properly. The order of termination of service of the wdritman passed by the management is perfectly legal arid does not require any interferencerby this tribunal. The workman is not entitled to reinstatement with back wages and other riionetary benefits as claimed by him. The reference is aBswered accordingly in favour of the management and against the wortoman.

14. Copy of the awafd be sent to the Government

Of fndia, MltiiJltfy of UrtKJuTas per rules.

K. M. RA1, Presiding Officer .10. Issue No. 3 & 4.—It has already been held that the Departmental-Enquiry conducted against'the workman by the management is just and proper. Now the sole question remains to be decided is as to whe- ther the punishment of- dismissal from service award- ed by the management against the workman is just and proper ? The workman Was charged for thfe mis- conduct of preparing a fradulent document to gain illegal gratification from the party. In this way, he committed a great misconduct by acting in a fnanner unbecoming of an employee of FCI violating regu- lations 31 & 32 of the FCI Staff Regulations. The Enquiry papers clearly intidate that the Enquiry Officer has considered carefully in detail the evidence produced by the parties before him during the course of enquiry and held the charge of misconduct proved against the workman. The report of the Enquiry Officer itself is self explanatory which has mentioned all the relevant facts related to the misconduct of the workman. The report is based on Well 'founded rea- sons and the material available on record. The Con- clusion of Enquiry Officer is not based on no evidence. Tn the report tihe Enquiry Officer has fully discussed the defence of workman also and then Iwld'thedrlarges proved against him.

New Delhi, the 17th May, 2001

S.O. 1231.—hi pUrtUftnct of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Cen- tral' Government here% 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 WCL and their workman, which was received by tht Central Goverriment on 16-5-2001.

tNo. £^2201'2/19/20OO-IR(C-II)] ft "P. KfiSHVAN, Desk Officer ] 1. The Disciplinary Authority accepted the report of enquiry officer and passed the Ofdet of dismissal against the workman. Subsequently the workman pre- ferred an appeal which was also dismissed by the ap- pellate authority after giving him the opportunity of proper hearing. This could at this stage cannot re- appreciate the evidence produced during the enquiry •proceedings. It was the discretion of the Enquiry Officer to accept or refect the 'evidence, to aJprfve at a particular decision. This 'tribunal ca-rnint s't as a court of appeal over the report of The Encfiiiry Offi- cer. I -find that the report of EmcriHrv Officer is per- fectly legafl and proper and the conelusi&n arrived at h based on the material available on record, This finding cannot be held to be purverse 5492' TSSPDAZETTE dP m>lA : JUNE, i,*-^/JYAlSTHA 12, 1923 £PA*T II^Ss£. ^iift

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IM- DUSTJRIAL TRIBUNAL, NAGRUR PRESENT:

Shri B. O, Saxena, Presiding Officer.

Reference'No. OGIT : 116/2000 Employers in relation to the management of The Mines Manager, W.CL.

AND

Their Workman, Shri Shankar M. Chetty,

AWARD

Th6 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 Sec- tion 10 of the Industrial Disputes Act, 1947 has re- ferred this dispute for adjudication vide order No. L-22012/19/2000-IR(CMII)- dated 4-8-200O on following schedule.

SCHEDULE

"Whether the action of the management of the "Mines Manager, Western "Coalfields Ltd. Colliery No. 3, Saoner in awarding punish- ment dismissal from services to the work- man Shri Shankar ' Mahddeorao Chetti is legal and justified. If not, to what relief the said workman is entitled and from what date?"

The workman Shri Shankar Mahadeo Chetty has submitted his Statement of Claim that he was remov- ed from service in the year 1986 from Kamptee Mines as Casual Majdoot and therefore he was selling the firewood in the small villages like Isapur, Waki, Khaperkheda, Pipla, Patansaongi etc. He started living at Hanuman Dafai Area of Patansaongi near Kamptee. He was living with an employee of W.CL. namely Ranibisal S/Q Ramnath in the year 1986. Rambisal had no son, so he lived with Rambisal as his nephew. On 17-12-1988 he was appointed as a Welder in General Mazdoor Category-I of W.CL.

Rambisal was allotted Quarter No. 4/7 at New Colony, Sadbhavana Nagar, Patansaongi and he shift- ed his family with Rambisal workman in the said cmarter No. 4/7, New Colony, Sadbhavana Nagar, Patansaongi.

On 20-9-95 he was transferred from Patansaoogi to Saoner Mines No. 3, which is 20 kms, from Patan- saontfi. Prior to his transfer on 15-2-94 chargeshect was issued against him for unauthorised occupation of the above noted quarter, which was allotted to Ramhisal. He was suspended on 16-8-94. After com- pletion of enquiry he was dismissed from service by order dated 22-2-97.

The workman claimed that he was livine in the aforesaid housr with the con^nf of Rambis&l, so his, nossession was not unauthorised and his dismissal is illegal. He has not committed misconduct under cjause 26.14 of Standing Orders,

The management of WCL contested the, case on thfr.ground that the aforesaid qiJartet">k>,j4i/7 of New Colony, Sadbhavana Nagar, Patansaongi was not alloled to the workman Shri Shankar Mahadeo Chetty. The consent of Rambisal is meaningless. Rambisal had no authority to deliver possession of the said quarter to the workman over the above quarter. His possession '.therefore is illegal.

The copies of enquiry proceedings and report of Enquiry Officer was given to th^, workman, hence the enquiry was fair Xhe transfer of the workman was not a punishment.

The affidavit date4 1-3-94 was filed by Rambisal, that Shankar M. Chetty is his nephew, is false. On 27-4-95 Rambisal had intimated that he has vacated the quartfef. Again Rambisal informed the Manager, Patansaongi Coal Mines that he h vacating quarter from 10-5-95, but on this date S. M. Chetty was occupying the house unauthorisedly. Workman S. M, Chetty had not obtained permission from manage- ment of WCL to occupy this quarter."

Prior to impesing^the punishmept on the workman he was asked to vacate the quarter, but-he did not vacate the above quarter, On 19-12-96 a letter was sent to the workman to vacate the quarter otherwise he will be punished. The workman was occupying the quarter unauthoriscdly. This act, of the workman amounts to (misconduct under clause 26.14 and he has been dismissed from services under clause 27(h) nf the •Standing Order of W C L.

I have heard the counsel for both the parties.

Both the parties have also submitted the docu- ments.

Statement of Shankar M. Chetty was recorded on 6-3-2000 at C.G.I.T. Court No. 2 at Mumbai. In cross-examination the wimess admitted that he is liv- ing in quarter No. 4/7, which was allotted t,o Ram- bisal. He never applied for the allotment of this quar- ter. Rambisal is resident of Bihar. He has no blood relationship with him. He had received letter dated 19/21-11-96 (Er. 17/18) from the management. He was informed to vacate the quarter. He did not vacate the quarter even after receiving this letter from the management. He was transferred to Saoner when the enquiry was in progress against him. H© £iso admitted that he had- received ajl the documents which he asked for during the enquiry.

The above statement of the workman clearly shows that quarter No. 4/7 of New Colony, Sadbhavana Nagar, Patansaongi was not alloted to him byiman^ agement on WCL.'He was therefore in unauthorised possession of the said quarter.

The affidavit of Rajeeva Kumar Sharma, Dv. Per- sonal Manajj:r of Pipla Sub .Area has been filed bv management. He stated that Patansaongi Mine h under Pipla Sub Area. The> enquiry was conducted bv Shri -Sahu, Enquiry Officer. After his transfer Shrinivflslu conducted the enquiry. He submitted the enquiry report in detail and mentioned that diaree levelled against Shri Shnnknr Chetrv for occupvinp quarter No. 7 of block No. 4 unauthorised!v. stands proved under Stfwidine Order Clause 26.14. The en- quiry report further shows tha.t the workman Shanker M. CHiqtty was not dependent upon Rambisal and had no right to live in that quarter. This quarter was the property of WCL Company and it was nor allotted to Shankar Chclty, so he had no right to live'in it.

The statement of Rajeeva Kumar Sharraa, witness of the management shows that chargpshcet was issued |against Rambisal as wsell, (for permitting Sbnnkur Chetty to live with him. Rambisal had taken volun- tary retirement and the enquiry proceedings were therefore dropped against him.

The copy of enquiry report was given *o Shankar Chetty on 26-11-96. During the Enquiry proceedings Rambisal had appeared as witness for the manage- ment.

Shankar M. Chetty had also filed a Writ Petition bearing No. 2582/1997. Tn the High Court. Bench at Nagpur against the Enquiry Officer, Mine Mana- ger of Patansaongi and Chairman-cum-Managing Director of WCL. On 24-11-97 the High Court did not prefer to interfere in this matter. The Hon'ble High Court passed tfac order that the efficacious alter- native remedy is available to the petitioner and there- fore the petition h rejected.

The counsel for the workman has argued that the workman Shri Shankar M. Chetty is still in posses- sion of the said house and has not vacated it. He argued that under National Coal Wage Agreement V, Chapter VTII, Clause 8.1.2(ii)(c), the unauthorised occupant of house will not be entitled to any house rent allowance until he vacates the house. So the management could refuse to pay the house rent al- lowance to the workman. It is also argued that under clause 26.14, unauthorised use or occupation of com- pany's bunglow/quarter/buildings and/or land any Such property in the custody of the company amounts to teiisconduct. The counsel argued that the said house was not in the custody of company when work- man shifted his family in this quarter hence charge Is not proved.

I have considered the above arguments of the Counsel for workman. The above arguments are base- less. The house was constructed by the company namely W.C.L. and tlhe company was therefore hav- jng custody of the house.

The counsel for the workman has submitted ruling AIR 1985 Supreme Court, page 504, Rasikial yaghajibhai Patd Vs. Ahmedabad Municipal Corpo- ration and another.

The above ruling is not applicable in this case. As the workman was aware that he is facing enquiry for his unauthorised possession of the house, the mis- Conduct was therefore known to him.

Another ruling 1993C4) Supreme Court Cases 727, Managing Director ECTL, Hyderabad and other Vs. B. Karunakar and others is also submitted by coun- sel for the workman.

Tn the present case, before the Tribunal the work- man Shri S. M. Chetty has admitted that the copies of the Enquiry Proceedings and report of Enquirv Officer was given to him, he therefore cot full onpor- ttmitv to fptwsent his case apainst the findings of Enquiry Officer.

1532 GII2001—16.

249J:

The above ruling is therefore not applicable in this case.

Another ruling 1993 I CLR 426, Association of Chemical Workers & others Vs. B. D. Borude & others is also not applicable in this case because, the workman had been regularly disobeying the orders of his Superior OlTicers and had not vacated the quar- ter in which he was living unaulhorisedly.

The workman Rambisal was allotted house by the company and he could only keep his family in this house. Rambisal had no authority to give consent to Shankar M. Chetty to live in the said quarter with him without obtaining permission from the manage- ment of the company. The workman had no right to live in the said quarter with family with Rambisal as this quarter was not allotted to him by the manage- ment of W.C.L. His possession over this quarter was therefore illegal.

The management repeatedly sent letters to the workman to vacate the house, but he did not comply with the directions of his Superior OTicers. His con- duct therefore amounts to in-subordination and wilfuii disobedience of the orders of his Superiors. The management had.no other alternative but to conduct an enquiry against him for unauthorised use of the quarter¹ qf the company. The misconduct of the workman under section 26.14 is therefore proved during the enquiry.

There is nothing on record to show that the en- quiry was not conducted fairly. The enquiry was therefore conducted fairly and according to the Princi- ples of Natural Justice.

In cross examination dated 6-3-2000, the workman has accepted that he h?d received all the documents which he asked for in the enquiry. He also admitted that he did not vacate the house even after receiving the letter from the management for vacating the quar- ter No. 4 / 7.

The counsel for the workman has argued that the punishment is disproportionate. This argument has no force. Under clause 27.Hh) of Standing orders of WCL. Nagpur, a workman con be dismipsed from service for his misconduct. The workman himself nd- mits that even after his suspension he did not vacate the quarter. He did not vacate the quarf°r even dur- ing the enquirv proceedings. He is still occupying the auarter illegally. He hes therefore been rightly punish- ed for dismissal from service.

ORDER

The action of the management of the Mines Mana- ger, Western Coalfields Ltd. Collier,' No. 3, Saoncr in awarding punishment of dismissal from service to the- workman Shri Shankar M. Chetty is legal and justified.

The workman is not entitled to any relief.

The enquiry was conducted fairly and according to the Principles r>f Natural Justice. The punishment awarded to the workman is also legal and justified.

The reference is answered accordingly.

Dated: 30-4-2001.

B. G. SAXENA, Presiding Officer 2J94 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 [PART II—-SEC. 3(ii)] New Delhi, the 17th May, 200!

S.O. 1232.—In pursuance rf Secii-^i 17 of the Industrial Dispute Act. 1947 (14 of 1947), the Cen- tral Government hereby publishrs 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 WCL and then- %cr!cman, which was received by tl^e Centra] GoM,-rrm:nt on 16-5-2001.

[No. L-22012/19/2000-IR(C-lD]

N. P. KESHVAN, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IN- DUSTRIAL TRIBUNAL, NAGPUR PRESENT :

Shri B. G. Saxcra, Presiding Officer.

Reference No. C G I T: 240/2000 Employers in relation to tfre management of The Manager, W.C.L.

AND

Their Workman Shri Sukhdayal S/c Chhitelal.

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 Sec- tion 10 of the Industrial Dispute Act, 1947 has re- ferred this dispute for adjudication vide order No L-22012/19/2000-IR(CM-II) dated 4-8-2000 on fol- lowing schedule.

SCHEDULE

"Whether the action of the management cf Ganpatbi Mine of WCL, Pench Area, PO : Parasia, Distrtic C h h i n d w^ (M¥) m ter- minating the services of Sh. Snkhdayal S/o Chhotelal, Tub Loader, T. No, 3453 of Ganpathi Mine w.e.f. 28-10-98 is justified ? If not, to what relief the woitmars i" en- titled ?"

This reference was received in this Tribunal in September, 2000 from Ministry of Labour, New Delhi. Notices were issued to the parties and 17-10-2000 was fixed. Again 29-11-2000 was fixed.

On the above dates 17-10-2000 and 29-11-2000 both the parties absented. Nobody appeared from the side •••'' .-i v v"" "'•* 1e of the workman to •";•!" •••!'! ;iv ••..'•.'. On 16-1-2001 the management mo\..; ;[•;•'!.i.:-!(-ii "••r adjournment. On this date also the workman did not turn up. No Statement of Claim was filed by the workman or any representative of his union.

On 31-1-2000 again registered notice was issued rgainst the workman. The notice was received back on 9-2-2001. The case was again adjourned to 20-3-2001. The management moved application for closing the case anJ submitted Written Statement. The case was again fixed to 27-4-2001. Nobody turn- ed up from the side of workman to represent the case on this date also.

I have heard the Counsel for the management. The counsel for management argued that the workman remained absent from the duty several times. He absented from 5-11-96 t0 28-1-97. He again absented fmm duty from 20-5-97 to 16-6-97. Chsrgesheet WE>S issued to him and he was awarded punishment of warning. He again absented from 2-2-98 to 22-5-98.

He absented from 19-12-96 to 20-7-98 without intimation or permission and sanction of leave. Chargesheet No. 467 dated 21-7-98 was i'sued to him. He submitted his reply dated 22-7-98.

The Departmental Enquiry was conducted against him and he was dismissed from services w.e.f. 28-10-98.

The workman has not submitted any Statement of Claim and has not mentioned any reasons for absence for his duty en the dates mentioned above by the management in the Written Statement dated 20-3-2001 The 1 e Terence is therefore disposed off for want of prosecution.

ORDER

The workman Sukhdayal has not submitted any Statement of Claim either himself or through his union representative. Nobody turned up to contest the case from the side of workman.

The reference i¹³ therefore disposed off for wpnt of prosecution.

Dated : 27-4-2001.

B. G. SAXENA, Presiding Officer New Delhi, the 17th May, 2001 S.O. 1233.—In pursuance of Section 17 of tlhe In- dustrial Disputes Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes the Award of the Central Government Industrial Tribunal Jafoalpur as shown in the Annexurc in the Industrial Dispute bet- ween the employers in relation to the management of WCL and their workman, which was received by the Central Government on 17-5-2001.

[No. L-22012/192/88-IR(C-II)]

N. P. KESAVAN, D.esk Officer

ANNEXURE

BEFORE T HE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR

Case No..CGIT|LC|R|272|89

PRESIDING OFFICER: SHRI K. M. RA1.

Shri Dhannu, through: The Secretary, Bhartiya Koyla Khadan Mazdoor Sangh (BMS), Mohan colliery Branch, PO Ambara, Distt. Chhindwara

,. Applicant.

Versus

The Managei, Mohan ColVjeiy, PO Ambara, Cistt. Chhindwura.

. .Non-applicamt.

AWARD

Passed dn this 10th day of April, 2001 1. The Government of India, Ministry of Labour vide order No. L-22O121192|88-D.IV.B.I|IR(C-II) dated 14-12-89 has referred the following dispute for adjudication by this tribunal —

"Whether the action of the management of Moham colliery of M|S. WCL in terminating services of Shri Dhannu S|O Chinga Haulage Driver w.e.f. 15-9-87 when his date of birth recorded in the certificate issued by the Nagarpalika Parishad Chandametta is 1-10-88 is justified ? If not, whait relief the workman concerned is entitled ?" 2. The case for the workman is that he was working as driver in Mohan Colliery of WCL, Distt. Chhindwara. On 18-9-87, he wast served with a notice dated 15-9-87 of Management that he had already reached the age of superannuation on 15-9-87 and therefore he was retired. According to the certi- ficate issued by the Municipal Council, Chandamctta his date of birth was 1-10-38 and therefore he was entitled to continue in service upto 1-10-88. He was illegally retired w.e.f. 15-9-87.

24$5 3. The workman further contends that on 21-12-80, the management issued a circula|r containing the list of workers and their age and the copy of the same was forwarded to the Union for information. After seeing the notice board, the workman immediately represented the matter to the management for the correction of his date of birth. The management did not correct the date of birth till 15-9-87. The order of retirement passed by the management is absolutely illegal as due notice for retirement was not given to him under the rules. This order amounts to retrench- ment. The management has illegally retired him 11 years before his due date of retirement. This order therefore deserves to be quashed. He is entitled to reinstatement with back wages.

4. The case for the management is that the work- man was employed as haulage khalasi on 1-7-56 at Mohan colliery. At the time of appointment the workman gave his date of birth as 1-7-26 which, was correctly entered into the Form-B register by the (management. This entry was made on the bapis of the information given by the workman and bis thumb impression was also obtained on the said Form B register. While subscribing to be the member of the Coal Mines Provident Fund Scheme, the workman had also given his declaration regarding the date of birth in the form submitted for the purpose. In this form also he had given his date of birth as 1-7-26. In the year 1984, the management had displayed the notice on the notice board showing the name of the workmen and their date of birth arid had invited objections within 90 days in this respect. The work- man did not file any objection, regarding his date of birth mentioned in the notice. According to the implementation instruction No. 37 of IBCCI no case for review of the date of birth will be entertained if there is no difference in the date of birth recorded in the registers maintained by the management. In view of all these facts, it is clear that the actual date of birth of the workman is 1-7-26 and not 1-10-38 as claimed by him. He was rightly retired w.e.f. 15-9-87. He is not entitled to reinstatement with back wages.

5. The following issues arise for decision in the present case:

1. Whether the workman was illegally retired by the management w.e.f. 15-9-87.

2. Whether the workman is entitled to reinstate- ment with back wa£es.

3. Relief and costs ?

6. Issue No. 1 & 2 : The workman has challenged his retirement by the management w.e.f, 15-9-87. According to him, his date of birth as per certificate issued by the Nagar Palika Parishad, Chandametta is l-l|$-38. In view of this date of birth he should have been retired w.e.f. 1-10-98. The management has specifically denied the claim of the workman. According to them, the workman's date of birth was entered in form-B register as 1-7-1926 and therefore he had¹ been correctly retired w.e.f. 15-9-87.

7. From the evidence on record, it appears that at ihe time of appointment, the date of birth of work- man was entered in the farm B register as 7-7-26. Ho had also put his thumb impression on the atten- dance' register. This information was registered on ^496 THE GAZETTE OF INDIA: JUNE 2, 2 0 0 1/ JYA1STHA 12, 1923 [PART I T ^ - S E C. 3(H)]

his correct date of birth as 1-7-26. He is not en- tieled to reinstatement with back wages ats claimed by him. The reference is accordingly answered in favour of the management and against the workman.

11. Copy of the award be sent to the Ministry of

Laibour, Government of India as per rules,

K. M. RAI, Presiding Officer the basis of information given by the workman himsell At the time ui subscribing to be a member ot the Coal Mines JKrovidcnt i^unu Scheme he had also given declaration regarding the date of birth in the prescribed form as 1-7-zO. This entry was made on the inioirnation given by the workman hnnsdt. Ailer coming into force ot tne implementation instruction No. 37 issued by the JBCCI the management hud displayed a notice in the year 84 on the notice board indicating the date of birth of its employees. It was mentioned in the said notice that the objection, if any should be submitted within a period of 90 days. In the sju'd¹ notice, the date of birth of the workman Dhainnu was shown as 1-7-26. The workman did not iaise any objection regarding hu date o. birth. This action of the workman clearly goes to show that he had accepted the correctness of his date of birth displayed on the notice board. This very date of birth was entered, in Form B register and other relevant documents of the management.

New Delhi, the 17th May, 2001

S.O. 1234.—In pursuance of Suction 17 of the In-

dustrial Disputes Act, 1947 (14 of 1947), the Cen- tral Goverment hereby publishes the Award of the Central Government Industrial Tribunal Nagpur as shown in the Annexure in the Industrial Dispute bet- ween the employers in relation to the management of WCL apd their workman, which was received by the Central Government on 16-5-2001.

[No. L-22O12|415|99JR{C-II)]

N. P. KESAVAN, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL, NAGPUR

PRESENT :

2497 SCHEDULE

150 days In 1994 for 80 days. In 1995 for 113 days. In the charge dated 19^02-97 these details arc also given. Hie chargesheet is Exhibit No. M.I. The chargesheet shews-the workman Baba M. Gurnule worked for 150 days in 1993. In 1994 for 80 days. Tn 1995 for 113 days and 1996 for 54 days only.

"Whether the action of the management namely Manager, Mahakali Colliery of WCL, PO : & Distt. Chandrapur in terminating Sh. Baba Mahadeo Gurnule, Ex. Loader, MKC of WCL is legal, proper and justified ? If not, to what relief the workman is entitled and from which date ? What other directions are necessary in the matter ?"

The workman has not explained any satisfactory reason for his absence for the periods mentioned aibove. There is no Medical Certificate.on record to show that the workman was suffering from any disease or his any family member was HI.

In these circumstances the punishment awarded to

the workmam is justified.

ORDER

Baba Maihadeo Gurnule Ex. Loader has submitted Statement of Claim "on 27-06-2000 that he was appointed as loader in Mahakali Colliery w.e.f. 11-11-94. The chargeshect was issued against him on 19-02-97. Due to illness and¹ some family prob- lems he was unable to attend his duty and remained absent. He has been dismissed from service from 07-05-97. He may be reinstated into service.

The action of the management namely manager, Mahakali Colliery of WCL in terminating-the services of Shri Bttba Maihadeo Gurnule, Ex. Loader is legal, proper and justified.

2498 THE.GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 [PART II—SEC. ,3(ii)j

BETWEEN

Gannerla Durgd Raju, S/o Bondyalu, Age 41 yrs., Occ : Coal Filler, EC. No. 2332762 in KK. 5A Incline of Singareni Collieries Co. Ltd., Mandamarri Area, Adilabad District, R / o. H. No. 40-7, Vepal Basti, Kalyanikhani-504231, District Adilabad Petitioner.

AND

The Singareni Collieries Co. Ltd., R/by its General Manager, Mandamarri Area, PO Kalyanikhani, Adilabad District.

. .Respondent.

This petition coming before me for final hearing in the presence of Sri E. Jagga Rcddy, Sri V. Rajcsh, Advocates for the petitioner and of Sri C. S. N. Reddy, Advocate for the respondent and having stood over foi consideration till this date, the court passed the following :—

AWARD

1. This is a petition filed U/s. 2-A(2) of the In- dustrial Disputes Act, 1947 as amended by A. P.. Amendment Act, 1987.

Facts of the case briefly are as follows :—

The petitioner was working as Coal-Filer. He participated in an illegal strike and argued with the management on 23-6-99. Charges were framed against him. Domestic enquiry was conducted and the peti- tioner was dismissed from service w.e.f. 7-4-2000.

2. Respondent filed counter stating that the peti- tioner participated in an illegal strike demanding pay- ment of incentive to coal-fillers as per the old scheme though they were not entitled as per the new scheme.

3. Ex M-l to Ex. M-29 are marked.

4. Heard both sides.

5. The point for consideration is whether the charges agqinst the petitioner are proved, if so, whether the punishment of removal from the service is in propor- tion to the charges.

6. Point : Ex. M-l is charge-sheet. The charges are statutory charges going on an illegal strike without giving 14 days notice and breach of Mines Act and any other Act or rules or regulations.

It shows that the petitioner participated in an ille- gal strike on 18-5-98 only.

Ex. M-3 is explanation to the charge-sheet. The petitioner stated that all the workmen of the 1st shift demanded for old incentive scheme. Tt was not strike He did not participate in any illegal strikes.

7. The petitioner admitted that lie demanded for old incentive scheme alongwith other workmen. It may be considered as strike work. But it lasted onlv one day.

I, Iherefore, consider that the charge against the petitioner that he participated in the strike only one day -is proved, but the punishment oE dismissal of the petitioner from the service is not in proportion to the charge. Hence, I answer the point accordingly.

In the result, this petition is partly allowed. The order ot dismissal of the petitioner irora the service is sei-r^ide. The petitioner shall be reinstated into service within one month from the date of publication of the Award without back wages, but with continuity ot service. Each party do bear their own costs.

Typed to my dictation, corrected and pronounced by me in the open court on this, 1st day of May. 2001.

P. GURUNADHA RAO, Chairman-cum-Presiding Officer Appendix of Evidence

Witnesses-examined

For Workman :— For Management :—

Nil. Nil

Exhibits

For Workman :—

Nil.

For Management :—

Ex. M-1 dt. 19-5-98—Charge-sheet.

Ex. M-2 dt. 30-6-98—Acknowledgement.

Ex. M-3 dt. 1-7-98—Explanation to charge-sheet.

Ex. M-4 dt, 18-11-98—Enquiry proceedings.

Ex. M-5 dt. 12-6-99—Enquiry report.

Ex. M-6 dt. 15-7-99—Application of the peti- tioner.

E*. M-7 dt. 17-7-99—Lr. addressed to the peti- tioner by.

Ex. M-8 dt. 21-7-99—Acknowledgement.

Ex. M-9 dt. 3-7-99—Dismissal letter.

Ex. M-10 dt. 8-7-99—Acknowledgement.

Ex. M-l 1 tit. 25-6-99—Charge-sheet.

Ex. M-12 dt. 28-6-99—-Acknowledgement.

Ex. M-l 3 dt. 1-7-99—Fxplanation to charge- sheet.

Ex. M-14 dt. 8-7-99—Enquiry notice.

Ex. M-l 5 dt. —Acknowledgement.

Ex. M-l6 dt. 21-7-99—-Enquiry proceedings.

Ex. M-l 7 dt. 2-9-99—Enquiry report.

Ex. M-l 8 dt. 25-9-99—Show-cause notice.

Ex. M-l9 dt. 25-9-99—Acknowledgement, Ex. M-20 dt, 5-10-99—Representation of peti- tioner.

Ex. M-21 dt. 5-4-2000—Dismissal letter of peti- tioner.

Ex. M-22 dt. 6-4-2000—Acknowledgement.

Ex. M-23 dt. 8-7-99—Charge-sheet.

Ex. M24 dt. 31-7-99—Enquiry notice.

Ex. M-25 dt. 8-7-99—Representation of peti- tioner.

Ex. M-26 dt. 6-8-99—Enquiry notice.

Ex. M-27 dt. 10-8-99—Enquiry proceedings.

Ex. M-28 dt. 31-8-99—Enquiry report.

Ex. M-29 dt. 8-9-99—Lr. issued to the petitioner confirmity the suspension duty from 40-7-99 to 19-7-99.

New Delhi, the 17th May, 2001 - S.O. 1236,—In pursuance of Section 17 of the In- dustrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Cen- tral Government Industrial Tribunal/Labour Court, Godavurikhani as shown in the Annexure in the In- dustrial Dispute between the employers in relation to the management of SOCL and their workman, which was received by the Central Government on 17th May, 2001

[No. L-22025/25/200I-IR(C-ll)] N. P. KESAVAN. Desk Officer

ANNEXURE

BEFORE THE CHAIRMAN, INDUSTRIAL TRJBUNAL-CUM-LABOUR COURT. GODAVARIKHANI

PRESENT :

Sri P. Gurunadha Rao. B.Sc, B.L., Chairman- cum-Pivsiding Officer,

Tuesday, the 1st day of May, 200] Industrial Dispute No. 144 of 1999

BETWEEN

lndonri Ramaiah, S/o Shankaraiah, Age 43 yrs., Occ : Coal Filler, R/o Nambala village in Rcbbana Mandal, Adilabad District.

..Petitioner.

AND

]. The Colliery Manager, Kalyankhani 5-A, C.A. (F&A, M.M.) Mandamarri Division,

2499 2. The General Manager,

Mandamarri Area. 3. The Managing Director,.

Singareni Collieries Co. Ltd., Kothagudem. .. .Respondents.

This petition .coming before me for final hearing in the presence of Sri S. Bhagavantha Rao, Advocate for the petitioner and of Sri C. S. N. Reddy, Advocate for the respondents and having stood over for consi- deration till this date, the court passed the follow.- ing:—

AWARD

1. This is a petition filed U/s 2-A(2) of the In- dustrial Disputes Act, 1947 as amended by A.P,, Amendment Act, 1987.

Facts of the case briefly ars as follows:—

The petitioner was working as coal-filler. The peti- tioner was not paid salary from January, 1998 to December, 1998. Cliarge was framed against him for his absence from January, 1998 to December, 1998. The petitioner attended to duty for 74 days only in 1998, Domestic enquiry was conducted and the peti- tioner was dismissed from the service w.e.f. 22nd October, 1999.

2. Respondents filed counter.

3. Ex. W-l to Ex. W-27 and Ex. M-l to Ex. M-9 are marked.

4. Heard both sides.

5. The point for consideration is whether the charge against the petitioner is proved, if so, whether the punishment of dismissal of the petitioner from the service is in proportion to the charge.

6. Point : Ex. M-l is chargeshect.

Ex. M-2 is explanation to the charge-sheet.. The petitioner admitted that he was absent on a number of days in 1998. The cause of his absence was ill- health. He did not submit any medical certificate for his absence,

7. The petitioner was dismissed from the servcie after conducting domestic enquiry. Since the petitioner did not produce any medical certificate for his ab- sence in the domestic enquiry, the documents now filed by the petitioner to show that he was suffering from ill-heaKh, cannot be believed. The petitioner worked for 74 days only in the year, 19"98.

I consider that the charge against the petitioner is proved and the punishment of removal of the peti- tioner from the service is in proportion to the charge. Hence, I answer the point accordingly.

In the result, this petition is dismissed. The order of dismissal of the petitioner from the service is con- firmed. Each party do bear their own costs.

25610 IHE GAZETTE OF INEHA':Jl?MB 2,.2GM/iFWAJ6HrA 12, 1923 [PART H—SEC."#(">] Typed to my dictation, corrected and pronounced by me in the open court on this, 1st day of May, 2001.

P. GURUNADHA RAO, Chairman-cum-Presiding Officer Appendix of Evidence

Witnesses-examined

For Workman :— For Management :—

Nil. Nil.

Exhibits

For Workman :—

Ex; W-1 dt. 13-3-95—Office order. Ex. W-2 dt. 8-3-96—Office order.

Ex. W-3 dt. 10-8-99—Application of petitioner (xerox copy).

Ex.. W-4 dt. 1-9-98—Application of petitioner (xerox copy).

Ex. W-5 dt. 30-3-98—Proforma of the treatment.

Ex. W-6 dt. 9-4-97—Medinova Diagnostic ser- vices under G.T., endoscopy.

EX. W-7 dt. 9-4-97—Treatment particulars of petitioner.

Ex. W-8 dt. 9-4-97—Treatment particulars of petitioner.

Ex. W-9 dt. —Ultrosonography of the abdomen of petitioner.

Ex, W-10 dt. 9-4-97—Treatment particulars of petitioner.

Ex. W-11 dt. 9-4-97—Physical examination par- ticulars of petitioner.

Ex. W-12 dt 22-5-97—Doctor prescription of the petitioner issued by Sai Orthopaedic and Maternky Clinic.

Ex. W-13 dt. 5-2-99—Appollo Hospital doctor prescription.

Ex. W-14 dt. 7-8-99—Appollo Hospitals treat- ment -particulars of petitioner.

Ex. W-15 dt. 24-8-96—Appollo Hospitals treat- ment particulars of petitioner.

Ex* W-16 dt. 7^8-99—Dr. M. S. Reddy, Appollo Hospital prescription.

Bx_ W-17 dt, 16-3-97-Xr. issued by the Dy. M.S., M.M., SGCL., Mandamarri Area.

Ex. W-18 dt. —Cjertificate issued by Dr. M. S. Reddy, M.D., to the petitioner.

Ex. W-19 dt. —Endoscopy report of peti- tioner.

Ex. W-20 dt. —Endoscopy report of peti- tioner.

Ex. W-21 dt. 5-2-97—Lr. No. CHK/Corp/14 issued by the C.M.O.

Ex. Wr22 dt. 4-1-97—Lr. No. CHK/Corp/14/ 70 issued by C.M.O.

Ex. W-23 dt. 21-9-98—Charge-sheet.

Ex. W-24 dt. 7-4-2001—UJtrasonography report.

Ex. W-25 dt. —Scanning report.

Ex. W-26 dt. 4-9-99—Form 'M' notice of ini- tial/periodical medical examination.

Ex. W-27 dt —Medical receipts.

For Management :—

Ex. M-l dt. 5-3-99—Charge-sheet.

Ex. M-2 dt. 23-3-99—Reply to the charge-sheet.

Ex. M-3 dt. 2-7-99—Enquiry notice.

Ex. M-4 dt. 14-7-99—Enquiry proceedings.

Ex. M-5 dt. 28-7-99—Enquiry report.

Ex. M-6 dt. 9-9-99—Show-cause notice.

Ex. W-7 dt. 21-1-99—Acknowledgement.

Ex. M-8 dt. 21-9-99—Mercy application.

Ex. M-9 dt. 13-10-99—Dismissal letter.

New Delhi, the 17th May, 2001

SO. 1237.—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, Godavarikhani, as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of SCCL and their workman, which v?a°< leccived by the Central Government OH 17-5-2001.

[No. L-22O25|25|2001-IR(C-II)] N. P. KESAVAN, Desk Officer

ANNEXURE

BEFORE THE CHAIRMAN, INDUSTRIAL TR1BUNAL-CUM-LABOUR COURT. GODAVARIKHANI

PRESENT :

Sri P. Gurunadha Rao, B.Sc, B.C., Chairman-cumJ*residing Officer. Tuesday, the lr.t day of May, 2001(

Industrial Dispute No. 174 of 1999 BETWEEN

Ch. Ashck Kuroai, S|o Brahrnaiah, Agr 25 years, H. No. 11-87, Biahmanwada, Raolawada, Asilabad la Adilabad Distt. . . . Petitioner

AND

1. Head Mas'er,

S. C. High School, Msdaram Townsh'p-50^220, Adilabad Distt.

2. Additional Chief Mining Engineer,

Bellampolli Divi&ion-I, Ad;labad Disft.

3. r - ' r •

' • Co. Ltd.

Division-I, Bellampilli, AJibbad Distt.

4. Managing Ditector,

SH""tcni Collieries Co., Kothagudem in Khanrnam Distt.

Respondents This petition coaling before me for final hearing in the presence of Sii S. Bh?gavantha Rao, Advocate for the petitioner and cf S-i C. S. N. Redry, Advocate for the respondents and bavins stood over for con- sideration till this daU-, the" court passed the following :—

AWARD

1. This is a petition filed U|s. 2-A(2) of the Industr:"l Dis-pu'et. Act, 1947, as amended by A.P., Amendment Ac*, 1987.

Facts of the cace briefly are as follows :—

The pet'tioner was appointed as night-watchman by the General Manager, Singareni Collieries on 24-8-1984. He was absent from dudes for five days i.e., from 17-4-86 lo 21-4-86. He was not allowed to perform his duties on 22-4-86. He was removed from the service on 1-8-86 orally. He suffered from typhoid from 9-5-86 to 31-7-86. The petitioner received show- cause notice dt. 7-5-86 about his absenteeism.

2 Respondent No. 3 fi'ed counter stating that the petitioner was appointed as watchman on 24-8-84. He was confirmed on 10-10-85. The petitioner was absent from duties from 16-4-86 onwards and never turned-up in^pite of several letters addressed to h;m. The peH^ionec is not a workman.

Respondents 1 2 and 4 filed memo adopting the counter filed by respondent No. 3.

3. Ex. W-l tn Ex W-4 and Ex. M-l to Ex. M-7 are marked.

4. Heard both sides.

5. The po^nt for consideration is whether the peti- tioner f^n b" reinstated into service.

1532 U1/2UU1—17.

2501 6. POINT : The petitioner was appointed as Watchman on 24-8-84. He was absent from duties from 17-4-86 onwards. The present petition was filed on 23-12-99. On this ground, the petition deserves to be dismissed.

7. The petitioner has not claimed that he worked in an Indusiiy. The petitioner also has not claimed that he is a workman.

At eny stretch of imagination, a school cannot be termed as industry even though the school was run by an industry.

I consider that he school is not an industry and the petitioner is not a workman.

Therefore, the petitioner cannot be reinstated into service. The pe^t;oner cannot be reinstated into service on the ground of delay ol 13 years in filing the p:tit!on. Hence, I answer the point accordingly.

In the result, this petition is dismissed. Each ,party to bear their own costs.

Typed to my dictation, corrected and pronounced by ma in the open court on this, 1st day of May, 2001.

P. GFRUNADUA RAO, Chairman-cum-Presiding Officer Appendix of Evidence

Witnesses examined

For Workman : For Management:

-Nil-

Exhibits

For Workman :

Ex. W-l dt. — Medical certificate (xerox copy).

Ex. W-2 dt. 16-4-S6 Onicc-ordT (xerox copy).

Ex. W-3 dt. 7-5-86 Lr. addressed to the peti- tioner by the Head-Master, S. C. High SCC-QOI (xerox copy).

Ex. W-4 dt. March, 1982 Secondary School Certificate (xerox copy).

For Management:

Ex. M-l dt. 24-8-94 Office-order.

Ex. M-2 dt. 10-10-85 Office-order.

Ex. M-3 dt. 11-12-85 Show-cause notice.

Ex. M-4 dt. 11-12-85 Application of petitioner.

Ex. M-5 dt. 11-12-86 Warning Letter issued to the petitioner.

Ex. M-6 dt. 7-5-86 Notice issued to the peti- tioner advising him to report for duty.

Ex. M-7 dt. lS|21-10-86 Notice issued to the petit:oner advising him to report for duty.

Wtt H^&ZETTE OF INDIA :1Wm ?71KmrmA&TWi "; 1923 [PAW TI^SEC. 3<5f>j New Delhi, the 4th May, 2001

S.O.. J2J8'—Jn pursuance Of Section 17 of the Industrial Disputes Att, ,1947 (14 of 1947), the Central Government hereby "pirblfehe* the award of the Central Government loduttfial Tribunal/Labour Court, Bpngalore as shown in the annexuro iivithe.Industrial Dispute between the employers to relation to the management of Vijaya Bank and their workmen, whioh was received bv the Central Governmnt on 04-05-2001.

[No. L-12011/43/90-IR(B.II)]

C. GANGADHARAN, Under Secy.

ANNEXUHE

BEFOM2 THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BANGALORE Dated : 1st May, 20O1

PRESENT:

Hon'ble, Shrj V. N. Kulkarni. B.Com., LL.B., Presiding Officer.

C.R. No. 76/90

I PARTY

The General Secretary, Vijaya Bank Employee* Federation, 220 Cubbonpet, Main Road, Bangalore-560002.

II PARTY

The Chairman-cum-Managing Director, Vijftya Bank, Head Office, Trlufcy Circle M, G. Roa*, Bangalore-560001.

AWARD

1. The Central Government hy exercising the powers con- frred bv Clause (d) of sub-section (1) and Sub-section (2A) of the Section 10 of the Industrial Disputes Act, 1947 has referred this dispute vide order No. L-12011/43/90-TR(B-II) dated 4-12-1990 for adjudication on the following schedule.

SCHEDULE

"Whether the action of the management of Vijaya Bank i" Justified in stopping the services of Shri Danaiah •> And whether the management of Vijaya Bank is JHdtffled in non-repularising 10 diilv rated employes of the bank listed in the annexure ? If not. to what relief the workmen concerned are entitled ?" 2. The first party union has filed Claim Statement. The c aw of the first party in brief Is as under :

The- case of the first party is that the Second Partv mnaagement has been engaging, daily rated carnal workers to carry out the work of permanent em- ployees in this department. The work in the depart- ment is consistent in volume and treated as normal/ regular work of the department. A comparative chart showing wages earned by the daily rated casual workers and wages applicable to the perma- nent employees at the beginning scale is furnished at the Annexure-2. The warkmen are covered under Industrial Disputes Act 1947. The action of the management is malafide. The action is violative of various Bipartite settlement amounts to unfair labour practice. The first annexure discloses the names of the warkmen in the dispute. Annexure 2 is a com- parative chart showing wages earned by the daily lated casual workers and wages applicable to perma- nent employees as existed at the time of raising the dispute i.e. 24-4-1989 and thereafter. Annexure 3 is the statement showing the number of days worked by the workmen in the dispute from 1986 to 10-12-1990.

3. The main grievance of the first party workmen is that they have been engaged as daily rated casual workers to carry out the work of peimanent employees in Printing and Stationery Department at Head Office of the bank. It is the fuither CHSO that they have been working from 1986 conti- nuously discharging duties of permanent workmen, they have not been regularised to work in the cadre of last category of the post available in the bank and therefore the conduct of the second party opposed to labour legislation, exploitation of the unemployment problem, denial of legitimate wages. They have also contended the action of (he second party is violative of various Bipartite settlements and amounts to unfair labour practice as enumerated in the 5th schedule to (he amended Industrial Disputes Act, 1947. They have further alleged th/t thqie is violation of principles of equal pay for equal value of work.

4. As regards workman Dhanaiah is concerned it is said that he has been terminated from service without/ following statutory provisions, such as issuing the notice, conducting an enquiry and the termination is not justified under Seciion 33 of the Act as conciliation was pending during that period. The stopping of the work amounts to unfair labour practice and tantamount to retrenchment and therefore the mandatory requirement under Section 25F Clauses (a) and (b) of ehe Act are Violated.

5. The first party for these" reasons has prayed to pass an award in his favour.

6. Second party appeared and filed objections.

The contention of the second party is that the work in the Printing arM Stationery Department is being carried out by the office) s, Clerks, Sub Staff and assisted by coolies/casual woikers for Ainloading and loading of stationery items. Only qualification required for coolies/casual workers is to assist the 3 category of employees mentioned above and therefore there was no insistence for prescribed age, qauliflcation and regular selection. They are engaged to work whenever there is work available. Therefore no muster roll is maintained, 7. The Second party also states that there is no continuity of work but on humanitarian grounds their services are continued. They have also further contended that the term of coolies does not covered by any Award/Settlements governing the bank employees. Therefore these categories are specifically excluded as seen from para 16.9 of Desai Award. It is their further contention that these casual worker* cannot be regularised and Danaiah cannot be reinstated as his work found to be Unsatisfactory. According to the second party the principles of equal pay for equal work Is not applicable in this case.

8. They contended that the federation has no locus-standi to espouse the cause of the persons involved in (his case and no valid industrial dispute has been raised by the federa^ tion as there was only two recognised trade unions, Vijnya Bank Workers OrRanrsation and Vijaya Bank Employees Association which recognised by the Bank. The total strength t" , "m"o v e es c o v e r ed by various awards and settlements <7L a re C B l l ed as 'A w a rd Staff" and out of them 5126 are members of the workers organisation which re- ur e^o " ? p er c e nt T he " l e v e es association, represents bv 2908 wr.rt.yr, and the strentgh of the Federation fs only 923 and therefore the Federation has not been recognised

.25(53

by the Bank. Thus the Issue raised by the Federation in respect of person named in the reference remains not trans- formed in the industrial dispute within the meaning of Section 2(k) of the I.D. Act.

18. I am of the opinion that there is no fore* in this argument because ' tho workmen* are only coolie i etfgaged whenever there is seasonal work. The ceokc* are not cowi- dered as 'award staff'. The coolies cannot be members of federation. The management hftsi pf&ved"thatJtfte Work ta temporary and not permanent. Therefore, there it no merit in the argument advanced by the first party as enumerated in para 10 of tHe Written Argument.

9. Their further defence is that the wrkman in question are casual and daily wagers and unless they satisfy the con- ditions of regular employment they are not justified for regularisation in the second party. It is their further contention that they cannot be compared to the work of regular sub- staff because of vast difference. They prayed for rejecting the reference.

10. It is seen from the records that on behalf of the management 3 witnesses were examined and various docu- ments are marked. For the first party workman 2 witnesses are examined.

11. The Second party has alleged that Danaiah was also a coolie and his work and conduct was not satisfacotry so they stopped engaging him. After close of the evidence, both sides filed Written arguments and certain citations.

19. There is another contention by the second party that there is no proper espousal of the dispute. The first party union has Hot filed any*' paper to prove: 'as to what type of meeting was called by the first party union. No resolution is pissed. The first party fedtritffln is only 'Wmortty untoa and the members of the sttid uniftn is" having o n ly 31" ant of. 9746 cimttoyteU. It i* aho dear froirt tiw TOpoWWUhat substantial number of Workmen have riot roppottdtt irr rtitin* the present dispute. It has come hi the eviMacwtHht fir* witness that wfokmeh that • wrfy asrertt' stiff tt& tweonw members of tho'first'party fpdonrtion tnd thtrefoM, Ht i" clear that the first party union hai no locut-stitftty to' raise this dispute for coolies. No evidence is produced by the flrrt party to¹ show -about the membership of coolie*. Admitedly the coolies are eimajjed on day to day baiii. It is clear from the record* that no age restriction ii imposed while engagini the coolies and no educational qualification ii insiited, tha only qualification is theft- physical fitness. So far ai regular appointment is concerned there i* a procedure and that ii

followed.

12. I have carefully read the evidences of all the witnesses and perusal documents. I have carefully considered written arguments filcti by the parties. In view of the rival con- tentions we have td see whether thfc management is justified in st6pping the services of Datnaiah and further not regularis- i ing 10 daily rated emploees.

20. The management witnesses have categorically laid ki their evidence that the work performance, attitude and be- haviour of Danaiah was not satisfactory, and therefore h" was not engaged as coolie.

b y(2 ? 2dl? iAV 2roT)ribCd ^ h⁶r COntCM '"* >i⁸ned 1-5-2001 S H RT V" N' K U L K A R N T< P r i d i ng Offloer 2504 THE GAZETTE OF iMtilA : JUNE 2, 2001/ JYAISTHA 12, 1923 [PART IT—SEC. 3(ii)] New Delhi, the 4th May, 2001

S.O. 1239.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Centra] Government hereby publishes the award of the Central Government In- dustrial Tribunal|Labour Cou:t, Bangalore as shown in the annexure in the Industrial Dispute between the employers in relation to the management of Vijaya Bank and their work- man, which was received by the Central Government on 4-5-2001.

L'No. L-120U|182|95-IR(B-II)]

C. OANGADHARAN, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TFIBUNAL-CUM-LABOUR COURT, BANGALORF

Dated : 30th April 2001

PRESENT :

Hon'ble Shri V. N. Kulfcrni B.Com., LLB., Presiding Officer.

C.R. No 123|97

T PARTY

The General Secretary, Vijaya Bank Wojkcis Organisation, No 37| 1, 1 Floor, Car Street, Ulsoor, Bangalore.

n PARTY

The Divisional Manager Vijaya Bank (Personnel Department) No. 14, M.G. Road, Bangalorc-560001.

AWARD

1, The Central Government by exerciKinR the poweis con- ferred by clause (d) of sub-sedion (1) ar>d sub-section 2A of the Section 10 of the Industrial Disputes Act, 1947 has referred this dispute vide order No. L-120l2|1K2[95-IRrB-ll) dated 22nd March, 1996 for adjudication on the following schedule :

SCHEDULE

"Whether the action of the management of Vijaya Bank, Bangalore in imposing the penalty of two Increment! on Stilt. S. Nirmala Devi, Clerk vide their order dated 4-1-19R9 is legil and justified ? If jnot, to whnt relief is the stijd workman is entitled?" 2.Durinp the pendency of the proceedinRi, on 26-4-2001 it WHS submitted by the learned counsel for the fin* paity that the first party has taken voluntary retirement end the dispute does not survive and orders may be passed.

3. Tn view of the submissions made by the counsel for Ihe first party I pass the following Order :

ORDER

The reference is disposed off, granting permission to with- diaw the dispute accordingly.

(Dictated to PA transcribed by her corrected and signed by me on 30th April, 2001).

SHRI V. N. KULKARNI, Residing Officer New Delhi, the 4th May, 2001

S.O. 1240.—Tn pursuance of Section 17 of the Industrial Dispues Act, 1947 (14 pf 1947), the Central Government hereby publishes the award of the Central,Government In- dustrial Tribunal|Labour Court, Bangalore as shown in the annexurc 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 Govern- ment on 4-5-2001.

fNo. L-12O12|214192-IR(B-II)1

C. OANGADHARAN, Under Srcy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUST- RIAL-CUM-LABOUR COURT, BANGALORE Dated : 30th Apul, 2001

PRESENT :

Hon'ble Sbii V. N. Kuikarni B.Com. LLB, Presiding Officer.

C. R. No. 78|92

J PARTY

N. Rrtmesh S/o Narasaiah, Central Bank of India Koi mangala Branch, Bangalore-34 (Advocate~-M. S. AnafidaraimO

II PARTY

The Regional Manager, Central Bank of India Regional Office, PB. No. 5129, No. 24, Crescent Road, Bangalore-1 (Adv. Pradeep Sauknr)

AWARD

1. The C^ntrni Government bv exercising the pow^ri con- feu ed hy clause (r\) of

SCHEDULE

"Whether the action of the manapement of Ccn1i.il Bank of India in dismissing Shii N, Ramesh is justifiable? If not, to what relief in the workman entitled 7" 2. The first pirty workman joined the services of the second party as Peon w.e.f. 1-7-1985 and in the year 1987 he was promoted as cash peon and was transferred to Korem-ngale' Branch. The first party workman was found fradulently withdrawn a sum of Rs. 35,000 from the HSS Account No. 520 of Srnt. Vanaja. Therefore charge sheet was issued and enquiry was initiated. On the basis of the enquiry report the first party was dismissed. So Industrial dispute is raised.

3. First party appeared ?nd filed claim Statement. The case of the first pprty in brief i% as under :—

4. It is the case of the first p'uty that he was discharging his duties delingently and sicerely to the entire satisfaction of his superiors. Due to hard work he was promoted. Memo were issued suspending him but the same was not correct Allegation is that the first party fradulently withdrawn Rs. 35,000 is not correct. He gave explanation but nothing was considered. The enquiry is not correct. Full opportunity was given to him. The finding of the enquiry was not correct. Police comp- laint was lodged as stated in para 5 of the claim Statement and he appronched the Civi¹ Court. Enquiry was conducted in his absence. The charge is rot coirect. The management forcebly obtained statements from the first party workman. The first party for these reasons and many other reasons has prayed to pass award in his favour.

5. Second party appeared and filed counter.

6. The case of the second party is that the action of the second party in terminating the seiv'ces is justified. The enquiry was held properly. The case against the first paity was proved. Regarding enquiry it is stated by the second party in detail that full opportunity was given to the first party on different d.if?s But fust pirty suppressed all the facts and filed suit in O S. There was no coercion or duress as alleged by the first party. All the allegations made by the fir"t party are not correct. The second party for these reasons has prayed to reject the reference.

7. It is seep from the lecords that on behalf of the second party MW2 is not cross exanrned by the first party. MW1 is cross examined by the first party. It is seen from the records that my learned predscessor by hi" ordes dnf<*d 4th lune 1999 has held that the domestic enquiry is fair and proper and answered the said issue in the affirmative. There- after the case was posted for arguments. This is a very old case. Many adjournmer.ts w ee given and aigi"uents wer" heard.

8. In View of the finding given in affirmative holding tint tb "> domettic enquiry is fai>- and proper now th^ ques*-on tMt arises for consideration is whethr ihe pu-fchr ent is propor- tionate or requires arty interference. I have considi-i tl e entire material of the enauiry proceedings and T am cf the ooinion that full opportunity was giVen to the firs* n.itty p-J finding was given. Nothing is pointed out b\ V fir*,' pa'tv to say that the finding is perverse. First party give evidence and he was cross exsmired b\ the second party Hi> •> 'dencr was considered while giving finding on domestic cnquiiv afld I am of the opinion htat there is no perversity in the find- ing of the enquiry. The charge against the first party was that he was found fr:n>d"1entlv withdrrvma a sum of Rs. 35,000 from HSS Account No. 520 of Smt. Vanaja on six occasions The char¹¹"* is "e'wu" in na'uie T!ic first pa'(" hpiiCT " " n l mT o" the na

9 On behalf of the second party it was argued that once the enq'iirv is nrenerjy hrfri end or<1"i of dismissal N r>i*sed con not prop°r for the labour ^OIK' to interfere whu the order of management. In the instant case when the first party workman has misaenropriaied the amount, the managment is ju"tifi?rl in dr=miscin<> him ftom the service.

10. In support o* this the learned counsel for the second pmty relied the following citation*;

(D 1995 (1) LLI 1076(DB) = 1995(1) LLI 233(SB) (2) AIR 1998 SC 2311 = 1998 IAB IC 2514.

2505 (3) 1996 LAB IC 1056 (SC).

(4) JT 1998 (9) SSC 37.

(5) IT 1989 (2) SC 132.

(6) 1937 LAB IC 77. (7) A IR 1997 SC 2661. (8) A IR 2000 SC 3028. (9) 3999 (II) LLI 155.

11. I have read them carefully. Admittedly the charge being serious in nature and keeping in mind the principles held in the above decisions I have no hesitation to say that this reference has no merit and the punishment is proportionate. Accoidingly I proceed to pass the following order :—

ORDER

The leference is rejectd. (Dictated to PA transcribed by hei corrected and signed by me on 30th April 2001.)

SHR] V. N. KULKARNI, Presiding Officer New Delhi, the 4th May, 2001

S O. 1241.—In pursuance of Section 17 of the Industrial D>TJt. Act, 1947 (14 of 1947), the Central Government hei by publishes the award of the Central Government Indi trial Ti tbunal/Labour Court, Jabalpur as shown in the anncure in the Industrial Dispute between the employers in relation to the management of Bank of India and their workman, which was received by the Central Government or 03 05-2001.

[No. L-12012/225/97-TR(B-II)] C. GANGADHARAN, Under Secy.

ANNEXURE

BFFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, IABALPUR Case No. CGIT/LC/R/3/98

Pjesiding Officer : Shri K. M. Rai S'iri Prakash J. Meshram, through Bank of India Staff Union, Jabalpur branch, Ashirvad Market, Jabalpur.

. . .. Applicant

Versus

Regional Manager, Bank of India, Govind Kunj Colony, Napier Town, Near Russel Chowk, Jabalpur. NoH-applieant 2 5 0 6, T HE G A Z E T TE OF I N D IA :• J U NE 2, 2 0 0 1/ J Y A I S T HA 1 2, 1 9 23

AWARD

Passed on this 10th day of April, 2001 1. The Government of India, Ministry of Labour vide order No. L-12012/225/y7-lK(B,JUl) dated 5-1-95 has referred the following dispute for adjudication by this tribunal—

"Whether the action of the management of Bank of India, Jabalpur in dismissing the services of Shri Prakash J. Meshram, Staff Oaftri, Bilaspur branch by an order dated 22-3-96 is legal and justified V It not, what relief the said workman is entitled '.'" 2. The case for the workman is that ho had worked for 22- years in Bank of India, Bilaspur with full sincerity and honesty. He was never punished for any misconduct during the course of his employment. On 10-12-93, the management served him with a chargesheet stating charges as under:—

(1) He had allegedly stolen away two blank pay slips bearing printed Nos. ORS-0337099 and ORS-03371UO on 7-2-1991.

(2) He had fradulently got the signature of Shri K. K. Raha forged on it and he fraudulently wrote in the payees columii as lay Bharat Cycle Stores, Bilaspur on pay slip No. 0337100 and Rohra Cycle Stores, Bilaspur on pay slip No. 0337099 and got remain- ing entries like amounts and date etc. filed up on the instruments as genuine instrument.

(3) Having prepared the aforesaid forged instruments, he abetted a, third person purportedly names as Ashok Kumar Sahu to present the ingenuine pay dips No. O3371Q& for Rs. 12000 dated 9-2-91 to Jai Bharat Cycle Stores, Bilaspur on 9-2-91 who Was supplied with spares parts of value of like amounts by the said dealer. The said cycles dealer was thus cheated by the aforesaid amounts with the help of the said forged pay slip No. 0337100.

(4) He similarly, abetted and caused a person purportedly named as Shri A. K. Sahu to present the pay slip No. 0337099 for Rs, 12,000 dated 9-2-91 to Rohra Cycle Stores, Bilaspur in consideration for purchase of like amounts of spare parts^on 9-2-91. The said dealer asked Shri Sahu to come on 11-2-91 to take' delivery of spare parts. Meanwhile the facts of fraud committed in pay slip No. 0337100 with Jay Bharat Cycle Stores, Bilaspur came to light and the fraud on pay slip No. 0337099 was averted.

3. The 0E was conducted against the workman. During the coarse of enquiry he was not supplied the relevant docu- ments to meet up his defence. The enquiry officer acted himself partially as a prosecutor with an intent to help the management. The Enquiry Officer did not give him adequate time to cross examine the handwriting expert examined by the rtrariagerrrent during the enquiry proceedings. In this way the workman was prevented from proving his defence effectively. The Enquiry Officer did not consider the evidence of the workman adduced during the course of enquiry. The finding of enquiry officer is absolutely perverse and based on no evidence. The disciplinary Authority has erred in accepting the report of Enquiry Officer. The charges are not proved against the workman aj; all. The order of dismissal from service passed by the management is illegal and deserves to be quashed. He is entitled to reinstatement with back wages.

4. The case for the management is that the Enquiry Officer had acted impartially and had given sufficient opportunity to the workman to defend his case properly during the enquiry proceedings. The enquiry was conducted in accordance with the- principles of natural justice. All the relevant documents w"re given to the workman and ho was allowed to prove his defense by examining witness and submitting documents. He was never prevented by the Enquiry Officer from proving his defence during the enquiry proceedings. He was given reasonable time to produce the handwriting expert to cross examine the handwriting expert witness Shri Deshpande examined by the management. The workman failed to produce his witness and, therefore, the Enquiry Officer did not give any further adjournment in this respect.

[ P A RT 1 J - - S E C. 3 ( U )]

5. The management further alleges that the Enquiry Officer had considered the Evidence and other circumstances available on the recprd in detail and arrived at correct finding that charges 1 and 2 were partially proved against the workman. His finding is based on the" material available on record. It is wrong to say that the finding of the Enquiry Officer is perverse and is based on no evidence. THe enquiry was held properly against the workman and the finding of the Enquiry officer is perfectly legal and proper. The punishment of dis- missal from service is perfectly legal and proper. The punish- ment of dismissal from service is also appropriate in the circumstances of the case. Hence the workman is not entitled to any relief as claimed by him.

6. The following issues arise for decision in this case:—

1. Whether, the Departmental enquiry against the workman by the management is just and proper 7 2. Whether the management is entitled to lead evidence to prove the alleged misconduct of the workman ?

3. Whether the punishment of dismissal awarded against the workman by the management is just and proper ?

4. Whether the workman Is entitled to reinstatement with back, wages ?

5. Relief and costs ?

7. Issues No. 1 & 2 : It has been held by my learned pre- decessor on 8-1-99 that the DE conducted by the management 9 gainst the workman is just and proper. In view of this finding, the management is not required to lead evidence to prove the alleged misconduct Of the Workman Issues No. 1 & 2 are answered accordingly.

8. Issues No. 3 & 4: The Departmental Enquiry conducted against tho workman for the misconduct has been held to be just and proper. In view of this finding the solo question remains to bo decided is as to whether tho punishment of dismissal awarded against the workman is proportionate in the circumstances of the case or not. From the perusal of enquiry papers, it becomes amply clear that tha charges were partially proved against the workman. He had considered the entire evidence adduced by (he parties during the enquiry proceedings and other circumstances relatingtt>the alleged misconduct of the workman. After giving due consideration he gave a reasoned finding as charge No. 1 & 2 stand partially moved against the workman. After accepting this report the Disciplinary authority imposed the punishment of dismissal from service and accordingly the workman was removed from service. The Enquiry Report does fiofgo to show that the enquiry officer has given his finding on the basis of no evidence. This court cannot sit over the report of Enquiry Officer as a court of appeal. The evidence also cannot bo i e-appreciated by this court at this stage. I do not find any illegality in giving the report by the Enquiry Officer as twd charges were partially proved against tne workman. The charges of misconduct regarding dommitting' theft 6f twoi pay slip* from the Bank and forging two pay slips in favoun of Rohra Cycle Stores and Jay Bharat Cycle Stores have been held to be partially proved. Both the charges are of serious nature and it has caused the loss Of confidence in the workman.

9. The workman was holding a sensitive post of Daftry who has the accets to the record and stationery in the Bank. By his misconduct he has proved himself to be an unbecoming of sincere workman in the Bank. The confidence has been lout in him. In such a circumstance, looking to the grave charges proved against the workman, the punishment of dis- missal from service is absolutely just and proper. Such persons do not deserve to be retained in service any longer by the bank. I therefore, find that the punishment of dis- missal from service awarded by the management against the workman Is just and proper and does not require any inter- ference. In view of this- fact, he is not entitled to reinstate- ment with back wages. Issues No. 3 & 4 are answered accordingly.

10. Issue No, 5 : In view of the reasons stated above the punishment of dismissal from service awarded by the manage- ment against the workman is perfectly legal and proper and does not require any interference in the circumitancei ol the case. The workman is also not entitled'to any relief as daimed by him. The reference is accordingly answered against the workman and in favour of the management.

11. .Copy of award be sent to the Ministry of Labour as per rules.

K. M. RAT, Presiding Officer New Delhi, the 4th May, 2001

S.O. 1242.—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, Bangalore as shown in the annexure in the Industrial Dispute between the employers iti relation to the management of Vijaya Bank and their workman, which was received by the Central Government on 4th May, 2001.

(No. L-12012/239/94-IR(BJI)]

C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BANGALORE Dated : 2nd May, 2001

PRESENT:

Hon'ble V. N. Kulkarni, Presiding Officer.

C.R. No, 3/97

I PARTY The General Secretary, Vijaya Bank Workers Organisation, 37/1, Gar Street, Ulsoor, Bangplore-560008.

IE PARTY The Charfman and Managing Director, Vijaya Bank H.O., M. G. Road, Bangalore-560001.

AWARD

1. The Central Government'by exercising the powers con- ferred by clause (d) of Sub-Seotfon (1) and Sub-section 2A of the Section 10 of the Industrial Disputes Act, 1947 has referred' this dispute vide Order No. L-12012/239/94-IR(B-II) dated 12th December, 1994 for adjudication on the following! schedule:

SCHEDULE

''Whether the action .of the management of Vijaya Bank, Bangalore in imposing the penalty of 'Censure' and recovery of 2/5th of the financial loss of Rs. 30 374 caused to the Bank on Shri B. Janardhan, Spl. Asst. is legal and justified ? If not, what relief is the said workman entitled to ?"

2507 2. The ht party advocate Shri.B. D. Kuttappa, appeared and submits that the I party, has taken Voluntary Retirement and he does not want to proceed with the dispute and hence the case may be disposed off.

ORDER

3. Hence, the reference is disposed off as not pressed and closed the file.

V. N. KULKARNI, Presiding. Officer New Delhi, the 4th May, 2001

SO 1243—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, Colcata as shown in th" annexure in the Industrial Dispute between the employers in relation to the management of Punjab National Bank and their workman, which was received by the Central Govern- ment on 03-05-2001.

[No. L-12012/281/9$>TIR(B-U)] C. GANOADHARAN, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT KQLKATA

Reference No, 17 of 2000

PARTIES :

Employers in relation to the management of Punjab National Bank.

AND

Their workmen.

PRESENT:

Mr. Justice Bharat Prasad Sharma, Presiding Officer.

APPEARANCE :

On behalf of Management: Mr. Joy Roy, Manager—

Personnel.

On behalf of Workmen : Mr. T. P. Ghorai, Asstt. General Secretary of the All India Punjab National Bank Employees Federation.

STATE : West Bengal INDUSTRY: Banking

AWARD

By Order No. L-12012/281/99-IR(B-II) dated 23-02-2000 the Central Government in exercise of its powers under sercion 10(l)(d) and (2A) of the Industrial Disputes Act, 1947 referred the following dispute to this Tribunal for adjudication :

"Whether the action of the management- of Punjab National Bank in engaging Shri Sk. Nizam Ali as a Generator Operator in its branch office at'Br&sourne Road, Kolkata w.e.f, 6-10-79 without giving him the status and privileges of a permanent workman Is legal and justified? If not, to what relief Is Shri All entitled?" 2503 THE GAZETfE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 [PART II—SEC. 3(ii)j

from time to time by the Ha"'-. A: " ." ';., ;• has been staler tlwt the woikman is not . , • .• ',•.- , as sought for.

4. ] , course of ntarlng the workman concerned, Sk. Nizam All exauunui hunse i a* \vW-l and supported his avexments m the biitemm, oi Uu-m He said that he has been work- ing a- Genera or Operator in the Biabroune Road Blanch of thj P.N.B. iiute Oetubci, 1979 and he remained preseat on duty on ail days excepting for holiday;,. He also stated that his duty hems aic irom 9.30 A.M. to 7 or 7.30 P.M. He also stated th.it his payments huve been made through vouchers and while onV'ia'Iy he used to receive Rs. 20 per day, he was itceiving Rs. 47 presently. He has also stated that he filed sevetal petitions to the management praying for rcgularicdtnn oi his service, but he d;d not get any reply. He has i'"o s^aied th remain present e w" dav on dntv though the peneratot h i-peraled ot lv wh"n ii U i-xiu'red due to load- s^edd'"" Hi- hrs <" n'<" J fr"* sit V does nn( re'na;" n csfc* on rin'v ni a'l *h" .'TVS

2. The facts leading to the emergence of this reference are as follows. S. Nizam Ali was engaged by the Punjab National Bank on 06-10-1979 as per verbal order of the Branch Manager against cany payment as Geneiatur Operttor cum Mechanic. His duty was to run the Bank's generator installed at the bank premises and he continued to work regularly since then. His initial scale of wages was also subsequently enhanced. On 03-06-1983, Sk. Nizam Ali made a representa- tion to the Bank to make his service permanent as Generator Operator. The said representation was addressed to the Chief Manager of the Bank. 18A, Barbroune Road, Calcutta-1. When he did not get any relief, he represented his case to the Geneial Manager of the Bank at New Delhi on 04-07-1987. This lettei also did not pioduce any result and Sk. Nizam Ali sent .another representation to the Head Office on 30-05-1988 and again on 15-09-1988. In the meanwhile he had drawn attention of the Zonal Manager, Calcutta throufc.i representation dated 05-04-1988 and 23-12-1991. Ultimately Sk. Nizam Ali represented his .case to the Chairman by representation dated 26-02-1991 in which he repeated his prayer for regularisation of his service. This time also he did not receive any relief, nor any reply in the matter. Therefore, finding no solution inspite of his constant pur- suation, Nizam Ah made another representation, on 22-04-1997 requesting the Branch Manager to revise his daily wage from Rs. 47 per day till taking final decision regarding his absorp- tion. He had clearly stated in his representations that he had been attending duties from 9.30 A.M. to 7.30 P.M. regularly on all working days. The Bank again, did not reply to his letter, nor his claim was refuted. Therefore, it is clear that the Bank did not reply to him for 20 years and Sk. Nizam Ah has been serving in the Bank continuously and regularly since 06-10-1979 as Generator Operator of the Bank, As he failed to get any relief from the management inspite of his representations, the trade union had to intervene in the matter and held discussions at various points. When the management was reluctant to agree in the settlement, the union took up the matter with the RX.C.(C), Calcutta vide ; letter, dated 29-10-1997. But the conciliation effort also did not bear any fruit. Accordingly the matter was finally re- ported to the Ministry of Labour, Government of India by letter of the R.L.C.(C) dated 26-11-1999 and this reference has been made. It is stated that during the aforesaid period payments were made to the workman monthwise by working out his wages on daily basis, but he was treated as Generator Operator all along. It is also stated that in course of con- ciliation efforts also the management did not challenge the fact that Sk. Nizam Ali had been working continuously since October, 1979 as Generator Operator. Thenefore, it is stated that it will be evident fiom the facts that the Bank has been utilising the services of Sk. Nizam Ali as Bank's Generator Operator continuously at per with other permanent full-time employees, but instead of regularising his services as perma- nent Generator Operator, he has been paid lump sum on daily wage basis and thus he has been deprived of his legal and bonafide entitlement taking advantage of his poverty. Accordingly, it has been prayed that the services of Sk. Nizam Ali should be allowed to b- rmde PTrmnent w:tri tV consequential benefits

5. So idi as Lie managenisnt is cjacerued, it has not extt- minea any vames^ and excepting fox whatever has bcej seated in tne v/.itien s^ait,. ,s.u ot tue maniige'rnent by way oi a.nul of the avcimentt ii! *" " ,' is of the union, no evider.ee nas been . , In this view of the matter, the evidence of the workman appears to be uncualieiiged and unrebutted. The Bank has also ad- mitted tni.t Sk. Is 12am Ah has been in continuous service of the Bank since Octobei, 1979 as Generator Operator. How- ever, the Bank tried to say that though he was engaged as Generator Operator, his job was not of permanent nature and his s^ivices were utilised only m cose of necessity and he has been paid on daily wage basis all along. Now the question u whether by rendering his seivice to the Bank regulaily for such a long period i.e. more than 20 years, even on daily wage basis, the workman has become entitled to be regularised in th? service. The suggestion given to the workman in his cross-examination as WW-1 is also a half- hew ted suggestion and in course of submission the represen- tative of the manageme-.t appearing before this Tribunal faultered to reply to the query whether the workman concern- ed was called fioru his residerce at lh" time of necessity or he was required to be present all along to meet the emer- gency. Apparently it appeprs to be absurd proposition that because the geneiator was operated only in case of failure of electricity, th? operator is not reouired to be present all along during the working hours. It is not possible that the operator remains elsewhere and when there is electric failure, ha is ca'led to 'opeiate the generatoi. Therefore, there does not appeal 10 be any doubi that the workman concerned was supposed to be present during working hours all along on all woiking djys. The workman has also filed a chart giving out the working days on which he attended office which ringes from 19 davs to 27 dav" in a month. The Bank has neither denied, nor disputed the claim of the workman tivt he ^rd r?m,iireci con inu^usly employed PS Generator Ooen"toi s;nc? O^obT, 1979 Tn this view of t^e matter, it has be"n 'i'lhtly submitted on behalf of the union that thi is a clear e sc of adopting n f a ir labour practice by tb" management of the Baiik, so fur PS the case of the workman, Sk Ni7"rr> Al' is concerned From the facts it also becomes clear that the joh of t'ne workman concerned is perenniol and perrtian^rit in TTHUK¹ b"""

6 ThTe are ^vprni insfnees of such ca'p<; coming up before the Coin's JUI! Tribuppls from time to t'mp relating 2509 to reguWisdiion of workmen engaged on casual basis or ddhoc ba^is and ceium observations made by their Loidsh^ of ihe rionbie Supiemc Couu m this connection aie rele- vant

7. In the ca-e of St^.e of Haiyana v. Piara Singh, AIR 1992 SC 2130 it was obseived by their Loidsiiips that "those eligible and qualihea and continuing m seivice satisfactorily for a long period have right to be considered for regulan- sation. Long continuing in seivice given rise to a presump- tion about the ne=d for <• reguldi post In such cases Gov- crrment should consider feasibility of rogulansation having regaid to the particula, cirmmstances with a positive approach

11. The reference is answered accordingly and it is held that the action of the management in denying regulansation to the woikman, Sk. Nizam Ab is neither legal nor justified. He is ac^ )rdii'gly held to be entitled to his legulansation by ueation uf a peimantnt post of Generator Operator-cum- AfechaniC in Ci-iss-IV category His service should be tre?ted as regularised with effect fiom the date it was taken befoie the conciliation officer at least le 29-10-1997 He will be cntuW to his back wages also as per the pay scale applicable to the Class-IV employees in the Bank and all i th>'i bpn'fl s including increments etc counting from that date Hoover, if the management feels that ""vice of the woikman carnot b" fully utilised orlv as Generator Opeiator cum-Mechanic. "ome o'her suitable work may also be assigned fo him by i"umg a regular order to the effect 8 IT -ro'hei <• se Ciagwati P,asid v Delhi State Mineral

B P SHARMA Pres'dirg Officer

D-)ted Koikata,

The 19th April, 2001

Development Cc rporation, \ IR 13<3O SC 371 it vas observed by their Toid'h ps 'Once the appointments are made as dailv rated workers and they were allowed to wo'k for a consider- able length of tune, Jt would be haid and ha!-* to deny them the confirmation in the respective pos's on the proirnd that they l?Uc the Described educn*" on?] qualifirations"

New Delhi, the 4th May, 2001

SO 1244—In pursuance of Section 17 of the Industrial DiscHte Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government Indu°trirl Tribunal/Labour Court, Colkata as shown in the anriexure in the Industrial Dispu+e between the employers m relation to the management of United Bank of India tl.eir workman, which was received by the Central Government on 03-05-2001

fNo L-1201?|185i%-TR(B IIM

C. GANGADHARAN, Under Sacy.

ANNEXURE

;5iO THE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 [PARI II—SEC. 3(ii)] AWARD

By Order No. L-12012/385/96-IR(B-lI) dated 6/8-01-1998 the Central Government in exeicise of its powers under section 10(1X4) and (2A) of the Industrial Disputes Act, 1947 re- ferred "the following dispute to this Tribunal for adjudication :

"Whether the management of United Bank of India, A.S.P. Branch, Durgapur is justified in reducing the special cash allowance of Sri A. K. Moitra, Head Cashier Category A by order No. ASP/Cash Allowance/AKM/217/96 dated 12-6-96 or not? If not, what relief the workman is entitled to ?"

allowance for the said category Head Cashier as pci Sixth Bipaitite Settlement dated 14th February, 1995 is K". 298 toi units, of 5 Clerks and above and Rs. 227 of unit-s of 4 Clerks and below. Further, it is stated that as pei the policy of the employer Bank the workman so posted as Head Cashier ol A.S.P. Branch. It could not be noted that tbe concerned workman was posted in a branch having unit of 4 Clerks and V.ow in the Cash Department and accoidingly his rate oi spscial allowance was mentioned as Rs. 298. It is stated that thu relevant t.me the A.S.P. Blanch Cnsti Unit was comprised of 2 Clerks, excluding the workman concerned and in turns of Sixth Bipeitlte Settlement he was entitled to special allowance of Rs. 227 per month, instead of Rs. 298 per month. Theiefore, the mistake was detected ny the management and it was rectified by letter dated 1st June, 1996 and the special allowance of the workman was reduced to Rs. 217 per month vide letter dated 12-0-6-1996. According to the management the authority is well within its r;ght to rectify a bonafide mistake. It is further stated that the post of Head Cashier has a special allowance in terms of Clause 5.2 of the First Binartite Settlement and it would appear from Clause 5.6 that the special allowances are intended to com- pensate a workman for performance or discharge of csrtain additional duties and functions requiring greater skill or ic.ponsibilitv over and above the routine duties and functions of the wo'kman in the same cadre. Therefore, by no inter- T)ief"tio,i it can be said that the placement and deployment of an award staff in the clerical cadre to the post of Heed Casi ier -J~ as Annexure-B to the statement of claims from Serial N<"> <4 it ', clear that the special allowance payable to Head CV ;,.]- js fts 227 in respect of units of four clerks and below and the unit of four clerks and below is intended to n> 'an the clerk- deployed in the Cash Department This will ' r be char from the letter "dated 24th June, 1996. It is therefoie stated on behalf of the management that :Ue work- " T" -or"-erneJ happened to be a Head Cashier and for this o t f'v snecipl sl'owance is Rs. 227 per month onlv and 'w¹ r ?9S as

2. The present refeience relates to a workman, Shri ^shok Kumar Moitra who happened to be Head Cashier in the United Bank of India at Alloy Steel Project Branch at Dutga- pur (in short A.S.P. Branch). Most of the facts of this case are admitted. Said Shri A. K. Moitra was appointed as a General Clerk in 1977 and was finally posted at the A.S.P. Branch in 1988. In 1995 he was made Head Cashier of the Branch. As he was officiating as Head Cashier Category-A of the Branch he got a special allowance of Rs. 298 per month which was according to the provisions of the bipartite agreement dated 14-02-1995 read with letters of the Bank dated 15/16th June 1995 and 24th June, 1996. The duties of the Head Cashier was to hold Bank's cash, keys and other valuables in safe custody jointly witi pn officer and he wis accountable to *he Mi^ninp of She Cash Department as listed duties of Head Cashier. It is stated on behalf of the .workman that he was in no way required to manage remitta.il work at the Branch, but the A.S.P. Branch has regular remittance work and as Head Cashier Shri Moitra had to perform regular remittance work which is to be per- formed by a I-kad Cashier of 'E' Category against which admissible spoc. ;i allo vaice is Rs. 587 per month Accordingly. Shri Moitra demanded special allowpnce of Rs. 587 as he was* performing duties €>f Head Cashier Category-E in add;t;on to hi" d-'tie*. He represented his case to the manage- ment bv a letter ds'ed 25-05-1996. The Branch Manager, however, i"n

4._ One witness each has been examined on behalf of the paities. On behalf of the union the concerned workman, A. K. Moitra has examined himself. He has suppo"--\l the facts stated in the statement of claims and he has stated that there were 14 Clerks in his Branch at the relevant time. In bis cross-examination, he has admitted that there were 3 Cash Clerks in the Cash Department and there were 3 Cas.h- cum-General Clerks and the concerned workman also belongs to the cadre of Cash-cum-General Clerk.

5. MW-1, Loknath Samal who happens to be Assistant Regional Manager (Personnel) in the Bhubaneswar Branch of the Bank has been examined on behalf of the management pnd be ctpims that he w oo^ted at Kolkata H"ad Office in the Personnel Department in 1995. He has stated that there was a provision for payment of special allowance to the Head Cashier according to the bipartite settlement dated 02-05-1995. He further stated that Shri Moitra who was rioted at A S P. Branch at Durgarjur belonged to A Category of Head Cashier. He has further stated that as per the provisions of the agreement where there are 4 Clerks or kss, the Head Cashier is entitled to a special allowance of R4"i;tfrd IV bh cross-examination that total strength of •".„ r w vs ;n f1? concerned Branch at the relevant tune was 14.

3. O" -PceivirifT notice of th" reference, tb- management also aop~ar<-d and filed a written statement in which fin: facts were admitted. It has been stated that originally Rs. 298 per month was b=;rg paid to Shri Moitra in accordance with the bipartite agreement dated 14-02-1995 read with the letters dated 15/16-O3-1'995 and 24-C6-I996. It has been stated that the present disrmte cannot be treated as an industrial dispute under section 2(k) of the Industrial Disputes Act. 1947 and the dispute actually is in the nature of interpretation of pio- Vision of the bina^tife settlement. Tt is "tated that such in'er- prratation of the provision of the settlement can b? made only unon a reference under section 36A of the Industrial Disputes Act, 1947 and not under section 10 of the Act. It is also further stated that the service conditions of 'he work- man concerned like other members of the Award Staff are governed by the terms and conditions of their Md:''idual contract of service the provisions cf Sastii Award, P'-ai Award as modified bv tbe industry level bipartite settlement dated 19th October, 1966 as modified from time to time by subs"qrent settlements. It is also further -fated that m?mr,er of the Twni"d staff is rnif' "n"c'rl piXnwnnre- if he or she is entrusted with certain duties requir'ng greater skill or responsibility over and above his/her routine duJ.'s a"d funrHor>s and nature of "Tjecial allowance is determined by the indmfrv-level bipartite settlement Tt is further stated fb .t in term" of °necial allowance duties envis?"ed in th" F ur h Binartif" -"tfiement dated 17 September, 1984 Head Ca"=bier of A.S.P. Branch has to perform the duties of Head C .sbier Cat€gory-A. Further, it is stated thpt the rats of special 6. It is, therefore, clear that the only question which is for consideration in this case is whether Snri Moitra was enutn.d 10 get K.s. 298 per month as special allowance as Head Casnier of the concerned Branch or he is entitled to Rs. 227 per month as ordered by the management. The reference in the matter is specific whether Shri Moitra is entitled to Rs. 293 per month as Head Cashier of Category-A. There is no material to show that Shri Moitra happened to be a Head Cashier of Category-E at it has been stated in the statement of claims. So far as the claim of the union 13 concerned, it appears to be based on the assumption tiiat the special allowance to the Head Cashier is to be paid on the basis of the total strength of the Clerks m the Branch.

7. In this connection, the copies of some letters and extracts of suppliment to guidelines for the staff administration of the United Bank of India have been filed. From the letter dated August 27, 1994 it appears that in paragraph 10 it has been clearly stated that the complement of staff of Cash Department of a Branch will depend upon the number of employees sanctioned for the Cash Department irrespective of' the posts being filled up by Cash Clerk or Cash-cum-General Clerk. It is also further mentioned that the Head Cashier's allowance of the Branch will be determined on the sanctioned clerical cadre strength of the Cash Department, as per provisions of the Bipartite settlement. It appeal s to be the further claim of the workman that he is entitled to the special allowance of Head Cashier Category-E, but theie is no material to support the same. Certainly he happens to be a Head Cashier of Category-A and obviously the Head Cashier of Category-A in a Branch where 4 or less than 4 Clerks are posted in the Cash Department is entitled to Rs. 227 per month only. It becomes clear that the special allowance of the concerned workman, Shri Moitra was earlier allowed at the rate of Rs. 298 per month. But it appeared to be a mistake and when it was detected the management ' corrected the same.

8. Therefore, the reduction of special allowance of the workman from Rs. 298 per month to Rs. 227 per month by the management cannot be treated as illegal, improper or arbitrary. The reference, therefore, is answered accordingly and it is held that the workman is not entitled to any relief as claimed by him.

B. P. SHARMA, Presiding Officer Dated,

Kolkata, the 20th April, 2001.

New Delhi, the 4th May, 2001

S.O. 1245.—In pursuance of Section 17 of tfri Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government Industrial Tribunal' Labour Coint. Bangalore as shewn in the annexure in the Industrial Dispute between the employers in relation to the management of Syndicate Bank and

2511 their workman, which was iceived by the Central Government on 4 May, 2001.

[No. L-120J2|587|89-IR(.D.HA).] C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRiAL TRIBL'NAL-CUM-LABOUR COURT, BANGALORE

Dated : 27th April, 2001

PRESENT :

IlorfHc Shri v. N. Ku^a.ni, B. Co., LL.B., Presiding Officer.

C.R. No 13(90

i PARTY :

The General Secretary, Syndicate Bank Staff Assn., Bangalore.

II PAFTY :

Tiic D\. General Manager.

Syndicate Bank, Bangalore.

AWARD

1. The Central Government by exercising the powers conferred by Clause (d) of Sub-sectfon (1) and Sub-section 2 A of the Section 10 of the Indus- trial Deputes Act, 1947 has referred this dispute vide Orcicr No. L-;:0J2/387/89-p. Hi'A) dated 19 th February, 1990 for adjudication on the follew'ng schedule.

SCHEDULE

"Who* her the management of Syndicate Bank. is justified in dismissing Shri K, Vas*mtha Shelty Clerk, Divisional Office, Bangalore from the services of the Bank ? If not, lo what relief the said workman is entitled ?"

2. The first party was working as a clerk in the second Tiny management. He was given work in the T'o^til Oulwaid department at Jayanagar. He had receded execs cr^cunt of Rs. 16,549.75 against the actual postal expenditure incurred by the ba"k during the ncrod. Charge sheet was issued Enquirv was held and on the basis of the reoott rf the enquiry officer the Prst partv was dis- missed. So industria¹ dispute was raised.

3. Partks aopeared and filed Claim Statement and Counter respectively.

4. The case of first party in brief is as under 5 The order <-f dismissal ;s not correct. As per the Binartite SeMlemert. the second partv was re- quired to hear the appeal of the first party against 2512 THE GAZETTE OF INDIA : JUNE 2, 2001/ JYAISTHA 12, 1923 [PART II—SEC. 3(ii)] the order of dismissal but the appeal was not dis- posed off us per iiues and therefore, the industrial dispute is raised.

6. First party has not committed any miscon- duct as alleged against him in the charge sheet dated 28-10-86. Ihe action of the management is nothing but colourable exercise of power and is malafide and unfair labour practice amounting to victimisation and the action of the management is in violation of ail the principles of natural justice.*. The domestic enquiry is that witnesses were not examined, the enquiry officer acted both as a pro- secutor and the judge and has put in question, flie finding of the enquiry officer is perverse. In the claim statement in para 7 number of allegations are made legarding enquiry.

7. It is the further case of the first paity that he acted faithfully in discharge of his duty at the in- structions and directions of his superiors. The first party has said that the order of dismissil is not proper and has prayed to pass an award - in his favour.

8. The second party filed counter.

9. Ihe case of the Second party is that Liie mis- conduct is proved. The misconduct is defined under claue 9.5 of Bipartite settlement. The first party gave his explanation but it was not satisfactory. -Charge sheet was issued. The enquiry is held by giving full opportunity. The first party was repre- sented by Sri A. S. Alse, General Secretary of the Association. Charges were proved. Finding of the enquiry is based on the material evidence both oral and documentary tendered before him at the enquiry. The finding is correct. The misconduct is grave and serious in nature and therefore, the order of dismissal W.e.f. 3-10-88 is correct. In the Ccun ter para' wise replies were alst; given. The Second party has said that the punishment is propor- tionate to the gravity of misconduct. The allega- tion that he acted on the directions of the higher authorities is not correc!. The first party is employed after dismissal. The Second party for these reasons has prayed to reject the claim.

10. It is seen from the records that by an order of 30th April, 1999, my learned predecessor passed orders holding that the domestic enquiiy is proper and valid and gave finding in the affirmative. So far as domestic enquiry is concerned the manage- ment examined one w'tness MW I and various documents are marked. Against this first party got examined himself.

11. In view of the finding on preliminary issue now the question that arises for my consideration is whether there is any perversity in the fading given by the enquiry officer and the punishment awarded is disproportionate. The first partv has filed written arguments. I have beard both sides an,1 perused all the enquiry proceedings.

t2. It was argued by the learned counsel for the second party that the first party has, misappropria- ted a sum ol Ks. Lb,b<\9.h and the mouus oprandi was that tie has received the amount in excess of 'postal expenses and detail investigation was made and as per the staiemvntn csuibiisiied tnat the first party intentionally received excess amount against the total amount spent towards postal expense. The material before us is sufficient to say that the first party has committed misconduct being a responsi- ble official in the nationalised bank. It was argued on behlf of the first party that there is no mis-appro- pikmon and there i= only clerical mistake and therefore the misconduct is not serious.

13. It was also argued on behalf of the first party that the first party was appointed as attender and he was promoted as clerk and he was doing duties properly and therefore he is entitled for all benefits. It may be a fact that initially he was appointed as attender and subsequently he was promoted as Clerk. This aspect will not help the first party in any way because after he was promoted as Clerk he was entrusted wiLti his postal work anci lie is supposed to work honestly but he has not worked honestly and as per the documents before us very systemati- cally he claimed excess amount from the bank.

14. Tt is seen from the records that it is held that the domestic enquiry is fair and pioper Now the first paTty has failed to establish the perversity in the finding given by the Enquiry Officer.

15. The learned counsel for the second party vehementaJly argued that this is not a fit case to taKe lenient view and in support of this argument relied decision in appeal No. WA. No. 2^V4|1994 dated 15th November, 1994 between D. Padma- nabhudu- and Bank of India and others. 1 have read the above decision of the Hon'ble High Court of Karnataka. In the instant case when there is a finding that the enquiry is fair and valid now the question of quantum of punishment is to be consi- dered. Admittedly the first party has misappropria- ted the amount belonging to the customers. Keeping in mind the principles held in the decision referred above I am of the opinion that looking to the seriousness of the misconduct, the order cf dis- missal is proportionate. The learned counsel for the second party has also relied ATR 1996 Supreme Court, 1249, 199S LAB IC 2514, 1998 LAB IC 2517. Supreme Court, AIR 1^99, 625 and AIR 1999 Supreme Court 635, AIR 1997 Supreme Court 2148 and decision of High Court of Madras, W.P No. 12J75|1988 and WMp Nos. 18151| 1988 and 7413 [ 1989 dated August 7, 1998.

16. I have read the above decisiuu carefully and keeping in mind the principles held in the above decisions. T am of the opinion that there is merit in the arguments advanced by the learned counsel for the second party that the misconduct being serious in nature and the fact that the domestic enquiry is held fair and there axe no good grounds to inter- fere with the punishment awarded by the manage- ment.

17. Taking all this into consideration I am of the opinion that there is no merit in this relcrence. Accordingly, 1 proceed to pass the following order.

ORDER

The Reference is rejected.

(Dictated to PA transcribed by her corrected and signed by me on 27th April, 2001.)

SHRI V. N. KtjLKARNI, Presiding Officer New Delhi, the 4lh May, 2001- S.O. 1246.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 f 14. of 1947), the Ccnrral Government hereby publishes the award of the Central Government Industrial Tribunal) Labour Court, Banjplore as shown in the annexure in the Industrial Dispute between the employers in relation to the management of Bank of Maharash- tra and their workman, which was received by Ihe Central Government on 4th May, 2001.

[No. L-12013|31|98-lR(B-H)] C. GANGADHARAN, Under Secy.

ANNHXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL CUM LABOUR COURT. BANGALORE

Dated : 30th April, 2001

PRESENT :

Hon'ble Shri V. N. Kulkurni, B.Com., LL.B., Presiding Officer.

C. R, No. 8/99

1 PARTY :

The Asstt. Secretary, All India Bank of Maharashtra Employees Federation, C/c Bank of Maharashtra, Opp. National College,, Bangalore-4 (Advocate : V. V Dharwadkar)

xii II PARTY :

The Regional Manager, Bank of Maharashtra, Regional Office, Police Station Road, Busavanagudi, Bangalore, (Advocate : N. Mahalingam)

AWARD

1. The Central Government by exercising the powers conferred by Clau^ (d) of Sub-section (1) and Sub-section 2(A) of the Section 10 of the Industrial Disputes Act, 1947 has referred this dis- pute vide Order No. L-l2013/31/98-IR(B-n) dated 14-1-1999 for adjudication on the following schedule.

SCHEDULE

Whether the action of the management of Bank of Maharashtra in imposing the mul- tiple punishment upon Shri Venugopal is legal and justified ? If not. to what relief the said workman is entitled ?

2. First party workman wa? working in the se- cond party. Charge sheet was issued and enquiry was conducted against the workman. Punishment was awarded so industrial dispute is raised.

3. First party appeared and filed Claim State- ment. First party has a union and the workman is Venugopal.

4. The punishment is bad and the workman was compulsory retired. The punishment was on many counts separately. His basic pay was reduced. Spe- cial Assistance Allowance was withdrawn. The case of the firsL party workman is that he was not guilty lr.it mai y punishments are aw aided which is not cor- rect. Tho letter of confession was obtained under duress. The management did not produce any docu- me'Hs and enquiry was not properly hold. The fin- d'ng given by the enquiry officer is not correct. The first party for these reasons has prayed to pass an award i.i favour of the workman.

5. Swond party appeared and filed counter.

6. The case of the second party is that the work- man has already confessed his having committed the ira-gularities and there is no merit in this reference. The enquiry is proper and valid. Full opportunity was given to tfe workman. The enquiry officer after examining all the evidence and documents, applied his mind and gave finding. The second party for these reasons and some other reasons has prayed to reject the reference.

7. It is seen from the records that the first party submitted that the domestic enquiry is fair and pro- per. In view of this submission case was posted for arguments on merit. Accordingly on merit arguments were heard.

8. In view of the submissions made by the first party concecding the fairness or the domestic en- quiry now we have to see whether the finding of the 2514 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 [PART II—SEC. 3(ii)] enquiry officer is con,;ct. arrt the punishment is propoitionate.

9. 1 Slave considered the entire material produced before the enquiry officer ;ind I am of the opinion that iiv Ciiqui'y o^cn- ^ner gi\mg full opportunity has i ijzittly cone b> I ho conclusion and there is no pj-i'versity in 1 ht- fmriine. The hist party could not point out any pcrv*.:sity in the finding given by the enqnhy ofT.ci.r. I hc only argument on behalf of the first party ws that in The infant case the manage- ment has parsed im;rjsing multiple Punishment and the same JS disproportionate und amounts to unfair labour practice and the sjmc is harsh. I have consi- dered
10. Accordingly I proceed to pass the following order.

ORDER

The reference is partly allowed. The punishment cf compulsory retirement is upheld and the other two punishments arc set aside so that the first party workman will get pennon benefits according to law. Accordingly the award is passed.

(DicLated to PA transcribed by her corrected and signed by me on 30th April, 2001)

SHRI V. N. KULKARNI, Presiding Officer New Delhi, the 11th May, 2001

S,O. 1247.—In pursuance of Section 17 of the In- dustrial Dispute Act, 1947 (14 of 19471, the Central Government hereby publishes the award of the Cen- tral Government industrial Tribunal i Labour Court, Jabalpur as shown in the Annoxure in the Industrial Dispute between the employers in relation.to the management of Telecom Department and their work- man, v/iiicn was received by tuc Central Government on 11-5-2001.

[Ni. L-400J2/247/92-lR(DU)J KULD1P RA1 VCRMA, Dck Officer

ANNEXURR

b J ^ G FE THE CENTRAL GOVERNMENT INDUS TRIAL TRIBUNAL-CUM-L-AltOUR COURT, JABALPUR

Case No. CGTT/LC/R, 73/94

Picsiding Officer : Shri K. M. Rai.

Smt. Bhaga Bai, thiough : AJ1 Tndia Telegraphs Engineering Employees Union, 88,"M. G. Road, Indore.

. Applicant.

Versus

The District Manager, Telecommunications, Indore.

. . Non-applicant.

AWARD

Passed on this 6th day of February, 2001 1. The Government of India, Ministry of Labour vide order No. L-40012|247[92|IR(DU) dated 9-5-94 has relVircd the following dispute for adjudication bv this tribunal :—

"Whether the action of the Dy. General Manager, Telecom Depai tment of Telecommunication. Indore, telephones in retrenching the services of Smt. Bhaga T3ai w.e.f. 1-6-90 is justified? if not, what relief be is entitled to'?" 2. The case for the wormkan is that he was emp- loyed b> the Dy. General Manager, Department of Telecommunications, Government of India, Indoie on 1-3-88 on daily wage basis for laying the tele- phone line and maintaining the same. He was getting the regular payment of. wages for working 6 days in a week In this situation, he was entitled to one d;iy weekly holiday with wages. He had continuously worked for more than 240 days in a calendar vear and therefore ho had attained the stalus of regular employee. Without complying with the provisions of Section 25B of T.D. Act, 1947 he was removed from service by the oral order dated 1-6-90. He was not given one month nnticc prior to removing him from service. He has also not paid one month salary in lieu of removing him from service. He has, not been paid retrenchment compensation according to the pro- visions of Section 25F of I.D. Act, 1947.

3. "iht, workman further alleges that prior to termi- nating his, services, no permission was obtained from the Government of India. There was no justification in lemovjig him Irom service as the work is still con- tinuing for which he was initially employed by the telecommunication dcp.ntmunt. The workman's ter- mination from service by the management is absolu- tely illegal and unjust and therefore it deserves to be 2515 qu:r.i_u. rle :- e u O ca to r^'msi ilJinsut "i'b back Vvr.i,-^ "... oX . c.-.squenfr. rvr.-Jts altaoung io the pOSl.

4. The cz: }•>•• t,.e m u n i m e nt is that the v~rk-

in t\ liniv indicating the reasons for termination. At tnc f^io t:.oie, no compensation was pa.d to him in Led OL &uch iic-.'.ci. No A' v\e lave to consider as to Vv'vihr.- Ihe terminal ion amounts to letrenclmient. Vviiatsocvei t-ie rcaaon ev^xy termination spena re-

! . _ , ! • ]. J C ~\ Tt:e t e i m i n at ci t a k es p l a ce w ^ e re t he

tcjii eij iCS either by tne active step of the master or "U'ln ng ouv ot J-c stipaiaie^ lum^. In " cw OL this t "\\ t"> ic.i. ""aiicn ot wo-kman iii Uie instant case "^ "• '<•• " i" wiic'iiner^ as I.¹ id by ill? Supreme tlieis DWi: COSt.

251<5 T i f f ^ A ^ E T TE OF INDIA : JUNE 2, 5001/ JYAJSTRA 12, 1923 [PART H^Siie. -3^!f)] New Delhi, the 11th May, 2001 S.O. 124b.—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, labalpur, as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of Telecom Deptt. and their workman, which was received by the Central Go- vernment on 11-5-2001.

LNo. L-400l2|248|Q2-IR(DU)] KULDIF RAI VERMA, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

Case No. CGIT|LC|R'37|94

Presiding Officer :

Shri K. M. Rak Shri Dinesh Dhaman through : All India Telegraphs Engineering Employees Union 88, MG Rdad, lndore Applicant.

Versus

The District Manager, Telecommunications, Tndore. Non applicant.

AWARD

Passed on this 6th day of February, 2001 removed from service by the oral prder dated 20-1-90. He was not given one month notice prior to removing him from service. He has also not juiiJ one month salary in lieu of removing him from service. He has not been paid retrenchment com- pensation according to the provisions of Sec. 25 F of 1 D. Act, 1947.

3. The workman further alleges that prior to terminating his services, no permission was obtained from the Government of India. There was no justi^ (ieation in removing him from service as the work is still continuing for which he was initially employed by the telecommunication department. The work- man^ termination from service by the management is absolutely illegal and unjust and therefore it deserves to be quashed. He is entitled to reinstate- ment with back wages and other consequential bene- fits attaching to the post.

4. The case for the management is that the work- man was employed on dalily wage basis for perform- ing the duty of laying telephone line and maintaining the same. He Was not employed as a regular wdrker and therefore no condition of service was attached. Before terminating his service, giv- ing one month notice was not required. It was also not necessary to obtain prior sanction before terminating the service of the workman as he was daily wage pajid worker. The work for which the workman employed was finished and therefore his services were rightly dispensed v.ith. The workman has not been retrenched and therefore the compliance of provisions of Sec. 25 F of T.D. Act 1947 is not required at all. The workman was not given any appointment apd he was being paid the wares from contingency fund¹, He was not employed according to recruitment rules and therefore he cannot claim to be regularised in the instant cose. His termination from service is just and nroper. He is not entitled to any relief as claimed bv him.

5. The following issues are arif?no for decision in the present case.

1. Whether the workman wns illegally retrenched from service by the management w.c.f. 20-1-90 ?

2. Whether the workman is eniitled to reinstate- ment with back wages?

and the workman concerned on its expiry or gf suqh contract being terminated under a stipulation in that behalf contained there- in ;or

c. termination of the service of a weirkman on the ground pf continued ill health.

7. Admittedly the Workman had continuously served wiSi the Tefeeommunicaition department for a "period of ftiore than one year. His continuous service in the Department was more than 240 days. Before terminating his services, he was not given one months notice in writing indicating the reasons for termination. At the same time, no compensation was paid to him in lieu of such notice. Now we have to consider as to whether the termination amounts to (retrenchment. Whatsoever the reason every termina- tion spells retrenchment. The termination takes place where the term expires either by the active step of the master or running out of the stipulated terms. In view of this fact, the termination of workman in the instant case a^so amoynts to retrenchment as laid by the Supreme Court in AlR, 1976, SC, page, 1111, SBI versus Shri Sunder S. Me|ni, AIR 1977, SC. pg 31, M]S Hindustan Steel Ltd., versus Presiding Officer, Labour Court Orissa and others. AIR, 1980, SC, pape 1219, Santosh Gupta versus State Bank of Patiala, AIR 1981 SC. Page 1253, Mohanla! versus Management of M|s tfharat Electronics Ltd. AIR, 1982, SC. pg. 854, L Robert Dlsouza vrs. Executive Engineer, Southern RBilway and another. In *his way, every termination of ser- vice of workman, which is not covered by exception of Sac. 2foo) amounts to retrenchment. The present tflse of workman is not covered under anv of the ex- ceptions of Sec. 2foo) of the i.D. Act, 1947. hence the termtrifttion erf workman from service in the prerent Dflse amounts to retranchrrient as laid down by the iC in the foregoing rases Issue No 1 is answered accordingly.

8, Issue No. 2 :—The workman had continuously Worked for more than one year in the employriient of Telecom Beptt., Tndore as admitted by them. His con- tinuous service was for more than 240 days in a calen- m$ensfcti©n was paid. In this way the conditions of lice. 25'F of th$ Industrial Dispute Act, 1937 has not been applied with by the management before terminat- ing the service of the workman. Hence this termination is illegal and therefore the workman is entitled to re- instatement with back wages. Issue No. 2 is answered Jiccprdjngly.

9. Issue No. 3:^-On the reasons stated above, the termination order passed by tihe management against fte workman is hereby quashed. The workman shall be reinstated with "H back wages and other monetarv Iwoeflts e|s jjerjpjssibl® according to rules. The workman nhafl be ^entitled to back wages at the rate he was Ijeing paid the wages at the time of termination In ihe circumstances of th© ea|se, parties shall tear tV ima cost. I 10. Conv of the award be sent to the Govt of ^h*a, Ministry of Labour us per rules.

K. M. RAI, Presiding Officer 1*32 GI|20Ol—19,

25H New Delhi, the 11th May, 2001

S.O. 1249.^-In pursuance of Section 17 of the In- .

dustrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Cen- tral Government Industrial Tribunal/Labour Court, Jabalpur as shown in the Anne^ure in the Industrial Dispute, between the employers in relation to the maaagement of Telecom Department and their work- man, which was received by the Central Government on 11-5-2001.

INo L-400l2/249/92-IR(DU)] KULDIP RAI VERMA, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR Case No. CGIT/LC/R/58/94

Presiding Officer Shri K. M. Rai. Shri jFigdj
. . Applicant.

Versus

The District Manager, Telecommunications, Indore, Non-applicanl.

AWARD

Passed on this 3rd day of February, 2001 1. The Government of India, Ministry ot Labour vide order No. L-40012/249/924RDU dated 15-3-94 has referred the following dispute for adjudication by this tribunal :—

"Whether the action of the Dy. General Manager, Telecom Department of Telecommunication, Inrlore, telephones in retrenching the services of Shri Jagdish w.e.t. 24-1-90 is justified?

Tf not, what relief he is entitled to?" 2. The case for the workman is that he was emp- loyed by the Dy. General Manager, Department of Telecommunications, Government of India, Indore on 1-1-88 on daily wage basis for laying the telephone 2518 THE GA^fcTtfe OF INDIA : J U N£ 2, 2uui/JYAISTHA 12, 1923 [PAAT II—$EC. 3CiiJ] line and maintaining the same, He was getting the re- gular payment of wages tor working 6 days in a week. In this situation, he was entitled to one day weekly holiday with wages. He had continuously worked for more than 240 days in a calendar year and therefore he had attained the status-of regular employee. With- out complying with the provisions of Section 25B of I.D. Act, 1947 he was removed from service by the oral order dated 24-1-90. He was not given one month notice prior to removing him from service. He has also not paid one month salary in lieu of iemoving him from service. He has not been paid retrenchment compensation according to the provisions ot Section 25F of I.D. Act, 1947.

3. The workman further alleges that prior to ter- minating his services, no permission was obtained from the Government of India. There was no justifi- cation in removing him from service as the work is still continuing for which he was initially employed by the telecommunication department. The workman's termination from service by the management is abso- lutely illegal and unjust and therefore it deserves to be quashed. He is entitled to reinstatement with back wages and other consequential benefits attaching to the post.

4. The case for the management is that the workman was employed on daily wage basis for performing the duty of laying telephone line and maintaining the same. He was not employed as a regular worker and therefore no condition of service was attached. Before terminating his service, giving one month notice was not required. It was also not necessary to obtain prior sanction before terminating the service of the work- man as he was daily wage paid woiker. The work for which the workman employed was finished and therefore his services were rightly dispensed with. The workman has not been retrenched and therefore the compliance of provisions of Section 25F of I.D. Act, J947- is not required at all. The workman was not given any appointment and he was being paid the wages from contingency fund. He was not employed according to recruitment rules and therfore he cannot claim to be regularised in the instant case. His termi- nation from service is just and proper. He is not entitled to any relief as claimed by him.

5. The following issues are arising for decision in the present case :—

1. Whether the workman was illegally retrenched from service by the management w.e.f. 24th January, 1990?

2. Whether the workman is entitled to reinstate- ment with back wages ?

3. Relief and costs ?

6. Issue No. 1 : Retrenchment has been defined in Section 2(oo) as under :

Retrenchment means the termination by the em- ployer of the service of a workman for any reason whatsoever otherwise than as a punish- ment inflicted by way of disciplinary action, but does not include :

(a) voluntary retirement of the. workman; or (b) retirement of the workman on reaching the age or superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or

(bb) termination of the'service of the workman as a result of the non-renewal of the con- tract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or

(c) termination of the service of a workman on ttie ground of continued ill health.

7. Admittedly the workman had continuously serv- ed with the Telecommunication Department for a period pf more than one year. Hjs continuous service in the Department was more than 240 days. Before terminating his services, he was not given one mqpth notice in writing indicating the reasons for termina- tion. At the same time, no compensation was paid to him in lieu of such notice. Now we have to consider as to whether the termination amounts to retrench- ment. Whatsoever the reason every termination spells retrenchment. The termination takes place where the term expires either by the active step of the master or running out of the stipulated terms. In view of this fact, the termination of workman in the instant case also amounts to retrenchment as laid by the Supreme Court in AIR 1976, SC. page. 1111, SBI verius Shri Sunder S. Mani, AIR 1977, SC. pg. 31, M/s. Hindustan Steel Ltd., versus Presiding Officer, Labour Court Orissa and others. AIR. 1980 SC, page 1219, Santosh Gupta versus State Bank of Patiala. AIR. 1981. SC. Page 1253. Mohanlal versus Management of M/s. Bharat Electronics Ltd. AIR. 1982. SC. pg. 854, L. Robert Disouza vrs. Exe- cutive Engineer, Southern Railway and another. In this way, every termination of service of workmen, which is not covered by exception of Sec. 2(oo) amounts to retrenchment. The present case of work- man is not covered under any of the exceptions of Sec. 2(oo) of the I.D. Act, 1947 hence the termina- tion of workman from service in the present case amounts to retrenchment as laid down by the SC in the foregoing cases. Issue No. 1 is answered accordingly.

8. Issue No. 2 :

The workman had continuously worked for more than one year in the employment of Telecom Deptt. Indore as admitted by them. His continuous service was for more than 240 days in a calendar year. Before terminating his service neither any 30 days notice was given to him nor the retrenchment com- pensation was paid. Tn this way the conditions of Sec. 25. F of the Industrial dispute Act, 1937 has not been applied with by the management before termi- natinjc; the service of the workman. Hence this termi- nation is illegal and therefore the workman is entitled to reinstatement with back wages, Issue No. 2 is answered accordingly.

9. Issue No. 3 :

On the reasons stated above, the termination order toassed by the management against the workman is hereby quashed. The workman shall be reinstated with all back wages and other monetary benefits as bermissible according to rules. The workman shall be entitled to back wages at the rate he was being paid the wages at the tune of termination. In the circumstances of the case, parties shall bear their own cost.

10. Gopy of the award be sent to the Govt. of India, Ministry of Labour as per rules.

K. M. RAL Presiding Officer New Delhi, the 11th May, 2001 S.O.1250,—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 Ccniidl Government Industrial Tribunal, Jabalpur as shown in the Annexure in the Industrial Dispute bet- v/een the employers m relation to the management of Telecom Deptt. and their workman, whxh was received by the Central Government on 11-5-2001

[No, L-40O12|251|92-IR(DU)] KULDIP RAI VERMA, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-L ^BOUR COURT. JABALPUR

Case No. CGIT|LC!R|61|94

Presiding Officer : Shri K. M. Rai.

Shn Radhesham through • All India Telegraphs Engineering Employers Union, 88, MG Road. Indore. Applicant.

Versus

251ft

AWARD

Passed on this 8th day of February, 2001 1. Tile Government of India, Ministry of Labour vide order No. L-40012|251|92. IRDU dated 15-3-94 has referred the following dispute for adjudication by this tribunal.

"Whether the action of the Dy. General Manager, Telecom Deptt. of Telecommunication, Indore, telephones in retrenching the services of Sbn Radlhesham w.e.f 26-1-90 is justi- fied? If not, whapt relief he is entitled to?" 2. The case for the workman is that he was em- ployed by the Dy. General Manager, Department of Telecommunications, Government of India, Indore on 1-3-85 on daily wag© basis for laying the telephone hne apd¹ maintaining the same. He was getting the regular payment of wages for working 6 days in a week. In this situation, he was entitled to one day weekly holiday with wages. He had continuously worked for more than 240 days in a calendar year and therefore he had attained the status of regular em- ployee. Without complying with the provisions of Sec. 25B of I.D. Act, 1947 he was removed from service by the oral order dated 26-1-90 He was not given one month notice prior to removing him from service He has also not pallet one month salary in lieu of removing him trom service. He has not been paid retrenchment compensation according to the provisions of Sec. 25F of I D. Act, 1947. .

3. The workman lurther alleges that prior td termi- nating his services, no permission was obtained from the Government of India. There was no justifica- tion in removing him from service as the work is still continuing for which he was initially employed by the telecommoncatiori department. The workman's ter- mination from service by the management is absolutely illegal and unjust and therefore it deserves to be quashed. He is entitled to reinstatement with back wages and other consequential benefits attaching to the post.

iw?

the present cafce.

m .umgrm or vtmAinrnj: mjm&mj& w* tft* M^m. $m

1. Whether the Workman was Illegally retrenched from service By tfie management w.e.f. 26-1-90?

2. Whether the workman, is entitled to reinstate- ment with back wages.?

3. Relief and coste?

6. Issue No. 1 : Retrenchment has been denned in Sec. 2(oo) as under :

retrenchment means ,&" jenniqalKW by the employe* #1., the, ,sef vice of, a workjnam for any reason whatsoever otherwise than as a punishment onflictea t^y way of disciplinary action but does not include.

a. voluntary retirement of the workman; or b. retirement of the workman on reaching the age • of -superannuation if the contract of employment between the employer and the workrnan concerned contains a stipulation in that behait or

t

bb. termination of the service of the workman as a result of the non-renewal of the con- tract of employment, betscen the employer and the workman concerned on its expiry Or of such confealct being terminated under a stipulation in that behalf contained therein; or

c. termination of the service of a workman on the ground of continued ill health, 7. Admittedly the workman had continuously served with the "Telecommunication department fora period of more than one yea|r. His continuous ser- vice in the Department was more than 240 days. Before terminating his services he was not given one month's notice hv writing indicating tht reasons for termination : At the same time, no compensation was paid to him in lfeu of such notice. Now we have to consider as to whether the termination amounts to retrenchment. Whatsoever the reason svery termina- tion spells retrenchment. The termination takes place where the term expires eiher by the active step of the master or running out of the stipulated terms. In view of this fact, the termination of work- man in the, instant case also amounts to retrenchment as laid by the Suprerne C o u r ts AIR, 1976, SC. page 1111, SBI versus Shri Sunder S. Mani, AIR 1977 SC pg 31, M|s. Hindustan Steel Ltd. versus Presiding Officer, Labour Court Orissa and others. AIR, 1980 SC, page 1219, Santosfa Guptai versus State Bank of Fatiala AIR, 1981, §C. Page 1253. Mohanlal versus. Managtment of H|s, Bharat Electronics Ltd. AIR 1982. SC pg 854, L. Robert Disouza vrs. Executive Engineer, Southern Railway and another. In this way, every termination of service of workman, which is npt covered by excep- tion pi Sec, 2(oo) amounts to retEenchment, The present
8. Issue No. 2 : The workman had continuously worked for mor$ thata one year in the employment nf Telecom Deptt., Inddre as Admitted by th,em. His continuous service was for more than 240 dayfc in a calendar year. Before terminating his service neither any 30 days notice was given to him nor the retrench- ment compensation was pajui In this way the Con- ditions of Sec. 2bF of the Industrial Disputes Act, 1947 has not been applied with by the management before terminating the service of the >varkman. Hence this termination is illegal and therefor© the ^workman is entitled to reinstatement with back wage?. Issue No. 2 is answered accordingly.

9. Issue No. 3 : On the reasons stated above, the termination order passed by the management against the workman is hereby quashed. The workman shall be reinstated with all back wages and other monetary benefits as permissible according to rules. The work- man shall be entitled to back wages a,t the rate he was being paid the wages at the tiftie of termination. In the circumstances of the case, parties shall bear their own cost.

10. Copy of the a(Ward be sent to the Govt. of India, Ministry of Labour as per rules.

K. M. RAI, Presiding Officer New Delhi, the 11th May, 2001 S.O. 125J.—In pursuance of Section 17 of the In- dustrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Cen- tra] Government Industrial Tribunal, Jabalpur as shown in the Annexure in the Industrial Dispute bet- ween the employers in relatibn to the management of Telecom Deptt. and their workman, which was le- ceived by the Central Government on 11-5-2001.

[No. L-4OO12J253|92-IR(DU)] KULDIP RAI VERMA, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL^CUM-LAttOUR COURT, JABALPUR

Case No. CGIT|LC|R|74|94

Presiding Officer : Shri K. M. Rai. Shri Ramcha|ndra through : All India Teblegraphs Engineering Emplovees Union 88, MG Road, Indore

... Applicant.

VOW* :

The District Manager, Telecommunication?, Indoie.

. .Non applicant.

AWARD

Passed on this 5th day of February, 2001 1. The Government of India, Ministry of Labour vide order No. L-40012|253j92-lRDU dated 9-5-94 has referred the following dispute for adjudication by this tribunal:

"Whether the action of the Dy, General Manager Telecom Deptt. of Telecommunication, Indore, telephones in retrenching the ser- vices of Shri Ram Chandra w e i. 26-1-90 is .justified? If not, what relief he is "ntjtled to?"

2. The case for the workman is that he was em- ployed by the Dy. General Manager, Department of Telecommunications, Government of India, Indore on 3-2-85 on daily wage basis for laying the telephone line arjd maintaining the same. He was getting the re- gular payment of wages for working 6 days in a week. In this situation, he was entitled to one day weekly holiday with wages, He had continuously worked for more than 240 days hi a| calendar year and therefor© he had attained the status of regular employee. With- out complying with the provisions of Sec. 25B of I.D. Act, 1947 he was removed from service by the oral order dated 26-1-90. He was not given one month notice prior to removing him from service. He has also not paid one month salary in lieu of removing him from service. He has not been paid retrench- ment compensatjdn according, to the provisions of Sec. 25 F of I.D. Act, 1947.

3. The workman further alleges that prior to terminating his services, no permission was obtained iron] the Government of India. There was no justi- fication in removing him from service as trie work is Still continuing for which he was initially employed by the telecommunication department. The workman's termination from service by the management is abso- lutely illegal and unjust and therefore it deserves to be quashedi He is entitled to reinstatement with pack wages and other consequential benefits attaching ^o the post.

4. The case for the management is that the work- man was employed on daily wage basis for performing the duty, of laying telephone line and maintaining the same. He was not employed as a regular worker tlind therefore no condition of service vras attached. Before terminating his service, giving one month notice was not required- It was also not necessary to obtain prior sanction before terminating the Service df the workman as he was daily wage paid worker. The work for which the workman employed was finished- alnd therefore his services were rightly dis- pensed with. The Workman has not been retrenched and therefore. The compliance of provisions of Sec. 25 F of I.D. Act 1947 is not required at all. The Workman was not given any appointment nnd he was being paid the watres from contingency fund. "He wan not employed according to recniitmeit rules and

252fe therelor?fce^rjMUuw4dai# to $e secularised p ti" instant case,, His, 4etB%ati"n from service 4s just and proper. He ty not entitled to any-relief as. dairaod by him,

5. The following issues are arising for decision in the present case:

1. Whether;ih$ \yofkman was illegally retrenched from service "by the maftajgempnt w.c.f. 26-1,907

2. Whether the wotknian is entitled to reinstate- ment with bade wages?

3. Helief and cost?

6. Issues No. 1 : Retrenchment has been dafined in Sec. 2(po) as under :

retrenchment means the termination by the 6mployer of the service of a| workman for any reason whatsoever otherwise than as a punishment inflicted by.way of disciplinary action, but dow not include,

a. voluntary-retiremftjtt "f the workman; ©r _b. retirement .of the Workman on reaching the age of .superannuation -if the contract of employment between the employer and the workman concerned contains, a stipulation in that behalf; or

bb. termination of Ihe service of the Workman as a result of the non-renewaL of the con- tract of Employment 'between the employer and the workman concerned on its expiry or of such £onjract being terminated under a stipulation m ttwtvbehalf contained therein; or

c. termination of the service of a workman on the ground of continued ill health.

7. Admittedly the workman had continuously served with the Telecommunication department for a period of more than one year. His continuous ser- vice in the Department was more than 240 days before terminating his services he was^ot given one months notice in writing indicating the reasons for termination. At the same time, no compensation was paid to him in lieu of such notice. Now we have to consider as to whether the termination amounts to retrenchment. Whatsoever the reason every terminai- tion spells retrenchment. The termination takes place where the term expires either by the active step of the master or running out of the stipulated terms. In view of this fact the termination of workman in the instant case also amounts to retrenchment j|s laid by the Supreme Couft in AlR 1976 SC. page, 1111, SBI versus Shri Sunder S. M"qi, AIR 1977 SC. pg. 31, M|s. Hindustan Steel Ltd. versus Presiding Officer Labour Court Orissa and others. AIR, 1980-SC,page 1219. Santosh Gupta versus State Bank of £atiala AIR 4981. SC Page 1253 Mphanlal versus Manage- ment of M|s. Bharat Electronics Ltd: AIR. 1982 SC pg. 854. L, Robert Dlsouza vre,' Executive En- pjneer, Southern Railway and another. In this.way. every termination of service of workman, which is not coveted T>y exception of Sec. $Qao) amounts to re- trenchment, The¹ pr"*"nt case of workman is not j ! 5 2 2^ THE GAZETTEOP INDIA ; JUNE 2, 2001/ JYAISTHA 12, 192? [PART T I - ~ 5 I £. 3(ir}J covered under any of the exception of Sec. 2(oo) of the I.D. Act, 1947 hence the termination of Workman from service in the present case amounts to re- trenchment as laid down by the SC in the foregoing cases. Issue No. 1 is answered accordingly, 8. Issue No. 2 : The workman had continuously worked for more than one year in the employment of Telecom Deptt. Indore as admitted by them. His continuous service was for more than 240 days in a calendar year. Before terminating his service neither any 30 daiys notice was given to him nor the retrench- ment compensation was paid. In this way the con- ditions of Section 25F of the Industrial Dis- pute 1937 hfs net been applied wifh by the management before tcirmnating the service of the woilman. Hence this termination is illegal and therefore the workman is entitled to reinstatement with back wages. Issue No. 2 is answered accordingly.

9. Issue No. 3 : On the reasons stated above the termination order passed by the management against the workman is hereby quashed- The workman shall be reinstated with all back wages and other monetary benefits as permissible according to rules The work- man shall be entitled to back wages at the rate he was being paid the wages at ths time of termination. In the circumstances cf the case, parties shall bear their own cost.

10. Copy of the award be sent to the Govt. of India, Ministry of Labour as per rules.

K. M. RAI, Presiding Officer.

New Delhi, the 11th May, 2001 S.O. 1252 —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, Jabalpur, as shown in the Annexurc in the Industrial Dispute between the employers in relation to the management of Telecom. Department and their workman, which WHS received by the Central Gov- ernment on 11-5-2001,

[No. L-40012/254 /92-IR(DU>] KULDIP RAT VBRMA, Desk Officer

ANNEXURE

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

Case No. CGIT/LC/R/62/94 PRESIDING OFFICER : SHRI K. M. RAI. Shn Ghansham Choudhary, through All India Telegraphs Engineering Employees Union 88, MG Road, Indore.

. . .Applicant.

Versus

The District Manager, Telecommunications,

Indore.

. . .Non-applicant.

AWARD

Passed on this. 9th day of February, 2001 1. The Government of India, Ministry of Labour vide order No. L-40O12/254/92-IR(DU> dated 15-3-94 has referred the following dispute for ad- judication by this tribunal :—

"Whether the aciion of the Dy. General Mana- ger, Telecom. Department of Telecommuni- cation, Indore, telephones in retrenching the services of Shri Ghansham Choudhary w.e.f. 24-1-90 is justified ? Tf not, what re- lief he is entitled to?"

2. The case for the workman is that he was em- ployed by the Dy. General Manager, Department of Telecommunications, Government of India, Tndore on 21-12-87 on daily wage basis for laying the tele- phone line and maintaining the same. He was getting the regular payment of wages for working 6 days in a week. Tn this situation, he was entitled to one day weekly holiday with wages. He had continuously worked for more than 240 days in a calendar year and therefore he had attained the status of regular employee. Without complying with the provisions of Section 25-B of I.D. Act, 1947 he was removed from service by the oral order dated 24-1-90. He was not given one month notice prior to removing him from service. He has also not paid one month salary in lieu of removing lurn from service. He has not been paid retrenchment compensation according to the provi- sions of Section 25-F of I D Act, 1947.

3. The workman further alleges that prior tn ter- minating his services, no permission was obtained from the Government of India. There was no justi- fication in removing him from sendee as the work is stiJl continuing for which he was initially employed by the telecommunication department. The work- man's termination from service bv the management is absolutely illegal and uniust and therefore it de- serves to be quashed. He is entitled to reinstatement with back wages artd other consequential benefits attaching to the post.

4. The case for the management is that the work- man was employed on dailv wage basis for perform- ing the duty-of laying telephone line and maintaining 2523 the same. He was not employed as a regular worker and therefore no condition of service was attached. Before terminating his service, giving one month notice was not required. It was also not necessary to obtain prior sanction before terminating the service of the workman as he was daily wage paid worker. The work for which the workman was employed was finished and therefore his services were rigbtly dis- pensed with. The workman has not been retrenched and therefore the compliance of provisions of Sec- tion 25F of I.D. Act, 1947 is not required at all. The workman was not given any appointment order and he was being paid the wages from contingency fund. He was not employed according to recruitment rules and therefore he cannot claim to be regularised in the instant case. His termination from service is just and proper. He is not entitled to any relief as tfainvd by him.

5. The following issues are arising for decision

In view of this fact, the termination of workman in the instant case also amounts to retrenchment as laid by the Supreme Court in AIR, 1976, SC page 1111, SB1 versus Shri Sunder S. Mani, AIR 1977, SC pg. 31. M/s. Hindustan Steel Ltd., versus Presiding Officer, Labour Court Orissa and others, AIR, 1980, SC, page 1219. Santosh Gupta versus State Bank of page 1219. Santosh Gupta versus State Bank of Patiala, AIR, 1981, SC, page 1253. Mohanlal versus Management of M/s. Bharat Electronics Ltd., AIR, 1982, SC, pg. 854. L. Robert Disouza vrs. Executive Engineer, Southern Railway and another. In this way, every termination of service of workman, which is not covered by exception of Sec. 2(oo) of ID Act amounts to retrenchment. The present case of work- man is not covered under any of the exceptions of Sec. 2(oo> of the I.D. Act, 1947 hence the termina- tion of workman from service in the present case amounts to retrenchment as laid down by the SC in the foregoing cases. Issue No. 1 is answered accord- ingly.

in the present case :

1. Whether the workman was illegally retrench- ed from service by the management w.e.f. 24-1-90 ?

2. Whether the workman is entitled to rein-

statement with back wages ?

3. Relief and costs ?

6. Issue No. 1.—Retrenchment has been denned

in Section 2(oo) of TD. Act, 1947 as under:

8. Issue No. 2.'—The workman had continuously worked for more than one year in the employment of Telecom Department Indore as admitted by them. His continuous service was for more than 240 days in a calendar year. Before terminating his service neither any 30 days notice- was given to him nor the retrenchment compensation was paid. In this way the conditions of Sec. 25-F of the Industrial Disputes Act, 1947 has not been applied with by the manage- ment before terminating the service of the workman. Hence this termination is illegal and therefore the workman is entitled to reinstatement with back wages. Issue No. 2 it, answered accordingly.

retrenchment means the termination by the em- ployer of the service of a workman for any reacon whatsoever otherwise than as a punishment inflicted by way of disciplinary action but does not include :

(a) voluntary retirement of the workman ; or

9. Issue No. 3.—On the reasons stated abov, ths termination order passed by the management agam;,t the workman is hereby quashed. The workman shall be reinstated with all back wages and other mone- tary benefits as permissible according to rules. The workman shall be entitled to back wages dt the rate he was being paid the wages at the time of termina- tion. In the circumstances of the case, parties shall bear thc:r own cost,

(b> retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or

10. Copy pi the award be sent to the Govern met¹ r

of India, Ministry of Labour as per rules.

K. M. RAI, Presidio Office fbb) termination of the service of the work- man as a result of the non-renewal of the contract of employment between the em- ployer and the workman concerned on its expiry or of such contract beinc; ter- minated under a stipulation in that be- half contained therein ; or

fc) termination of the service of a workman

on the ground of continued ill health.

New Delhi, the 11th May, 2001 2524 THE GAZETTE OP INDIA : JUNE 2, 2001/JYA1S5BA. 12, 1923 [PART ttr^c. 3(iJ)] tral Oovertuttont- fiefrhy publishes the award of the Central Government Industrial Tribunal/Labour Court, Jafcalpur, as shown in the Annexnre in the Industrial Dispute between the erriployera in relation to the management of Telecom, Department and their workman, which was received by the Central Gov- ernment on 11-5-2001.

[No. L-4OO12/255/92-IR(DU)] KULDIP RAI VERMA, Desk Officer

ANNEXURE

BEFORE, THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAlXtJM-LABOUR COURT, JABALPUR

CASE NO. CGIT/LC/R/75/94

PRESIDING OFFICER \ SHRI K. M. RAI.

Shri Ramesh Chandra through : All India Telegraphs Engmeering Employees Union, 88, MG Road, Indore.

.. .Applicant.

Versus

The District Manager, Telecommunications, Indore.

. . Non-applicant.

AWARD

Passed on this 9th day of February, 2001 1. The Government of India, Ministry of Labour vide order No. L-40012/255/92-IR(DU) dated 9-5-94 has referred the following dispute for adjudi- cation by this tribunal:

"Whether the action of the Dy. General Mana- ger, Telecom Department of Telecommuni- cation, Indore, telephones in retrenching the services of Shri Ramesh Chandra w.e.f. 25-1-90 is justified ? If not, what relief he is entitled to?"

2. The case for the workman is that he was em- ployed by the Dy. Genera] Manager, Department of Telecommunications, Government of India, Indore on 1-12-87 on daily wage basis for laying the telephone line and maintaining the name. He was getting the regular payment] of wages fbr working 6 days in a week. In this situation, he was entitled to one day weekly holiday with wages. He had continuously worked for more than 240 days in a calendar year and therefore he had attained the status of regular emplovec. Without complying with "the provisions of Sec. 25-B of I.D. Act, 1947 he was removed from service by the oral order dated 25-1-90. He was not been given one month notice prior to removing him from service. He has also not paid one month salary in lieu of removing him from service. He has not been paid retrenchment comoensation according to the provisions cf Sec. 25-F of I.D. Act, 1947.

3. The workman further alleges that prior to ter- minating his services, no permission was obtained from the Government of India. There was no justi- fication in removing him from service as the work is ititr continuing for which he was initially employed by the telecommunication department, The work- man's termination from service, by the management is absolutely illegal ancj lUljast and therefore it de- serves to be quashed.'¹ H$ is entitled to reinstatement with back wages ;and other consequential beneft's attaching 'td the post.

4. The case for the management iffthat the work- man was employed on daily wage basis for perform- ing the duty qf laying telephone line and maintaining the same. He was not employed as a regular worker and therefore no condition of service was attached. Before terminating his service, giving one month notice was not required. It was also not necessary to obtain prior sanction before terminating the service of the workman as he was daily wage paid worker. The work for which the workman was employed was finished and therefore his services were rightly dis- pensed with. The workman has not been retrenched and therefore the compliance of provisions of Sec- tion 25F of I.D. Act, 194? is not required at all. The workman was not given any appointment order and he was being paid the wages from contingency fund. He was not employed according to recruitment rules and therefore he cannot claim to be regularised m the instant case. His termination from service is just and proper. He is not entitled to any relief as chimed by him.

5. The following issues are arising for decision in the present case :

1. Whether the workman was illegally retrench- ed from service by the management w.e.f. 25-1-90 ?

2. Whether the workman is entitled to rein- statement with back wag"s ?

3. Relief and costs ?

6. Issue No. 1.—Retrenchment has been denned in Section, 2(oo) of I.D. Act, 1947 as under:

retrenchment means the termination by the em- ployer of the service of a workman for any reason whatsoever otherwise than as a punishment inflicted by way of disciplinary action but docs not include :

(a) voluntary retirement of the workman ; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or

(bb> termination of the service of the work- man as a result of the non-renewal of the contract cf employment between the em- ployer and the workmnn concerned on its expiry or of such contract being ter- minated under a stioulation in that be- half contained therein ; or

(c> termination of the service of a workman on the ground of continued ill health.

7. Admittedly the workman hud continuously serv- ed with the Telecommunication Department for a period of more than one year, His continuous service 2525

Ne,/ Delhi, the 1 lth May, 2001

S.O. 1254.—In pu'-suan^e oi Section 17 oi .nt xA- dus
[No. L-40012/257/92-IR(DU)]

KULDTP RAI VERMA, Desk Officer

ANNEXURE

BEFORE THE CFNTRAL GOVERNMENT INDUS Ti- TAL TI1IBUNAL-CUM-LABOUR COURT, JABALPUR

Case No. C G I T / L C / R / 6 3 / 94 in the Department was more than 240 days. Before terminating his services he was not given one months notice in wntrng indicating the reasons for termina- tion. At the same time, r>o compensation was paid to him in lieu of such notice. New we have to consi- der as to whether the termination amounts to re- trenchment. Whatsoever the reason every termination &pelis retrenchment. The termLiat'on take?, place whcie the term expires cither by t h e a c t re sleo of the Master or running out of the stipulated terms. In vicv/ of this fact, the t?rrruirt'on ^f. \. rtvnion "v the instant case also amounts tef-erchrnent as laid by the Supreme Court in AIR, 1976, SC page 1111, SBI versus Shr< Sunder S. Mf"ni, ATR 1977, SC pg. 31. M/s Hindustan Steel L t d, v=^us Presiding Officer, labour Court Orissa ar.d others, AIR. 1980, page 1219. Santosh Gupta versus State Bank of Patia'a, AIR, 1981, SC. pape 1253. r!ohanl 1 versir, Management of M/s. Bherat Elf"c*ronics Ltd., AIR, 1982, SC, pg. 854 L Robert Disouza vrs. Executive Engineer, Southern Railway and another. In this way. every termination of s^"-vicc of woiL^ia I v'->irh is not covered by exception of Sec. 2(oo) of ID Act amounts to reirenc'iment The present c ^e of work- man is not revered un<"\: aw of the exceptions of Sec. 2fon) Of the I D. Act, 1947 hence the termina- tion of workman from service in the ore^ert case amounts to retrenchment as H^ down bv th- SC in the fore^f in? ca"es Issue *fr\ 1 ; answered accord- ingly.

PreM-Iin? Officer : Shri K. M. Rai. Sbri Akhtar, tlirough : All India Telegraphs r^g'^eerirt; Emplov-e? Union. S8, W. G. Road. Indore

. .Applicant.

Versus

The Distiict Manager, Telecommunication¹. Tndorp.

. .N.TI-applicant.

AWARD

(rai r-TiifiQi 20 ↩

Passed on th's 7th day of February, 2001 2526 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAIS1HA 12, 1923 [PART II—Stc. 3Ch] service. He has also not paid one month vlary in lieu of removing him fiom scvics. Re h'is not been, paid retrenchment compensation according to the pro- visions of Section 25F of I.D. Act, 1947 3. The workman further alleges" that piior la termi- nating his services, no permission was obtained from the Government of India. There was-no justification in removing- him ftom service ai '.tic wo V is still con- tinuing fo/ which he was initia.lv cn'plcveJ by the telecommunication depirtmeat. I he workman's ttr- mination from service ty the management is absolu- tely iilegal and unjust and therefore it deceives to b; quashed. He is en!itled to rc;nstiifement with bid* wages and otr*er consequential benefits attaching to the pest.

4. The case for the management is that the work- man was employed on daily wa?e ba.r. for peiform- ing the duty of layi'ig tflephon.' line a- <.' maintain*^ the same. He was not employed as a. -eguia- workir and therefore no coaditiju of service was attache.!. Before terminating his se being paid the wages from conringency funJ. He ,,J2 not emp- loyed according to recruitment rules laid .iierefore he cannot claim to be regularised in the instant case. His termination from service it, just and proper. He is not entitled to any relief as claitieJ by Mn.

5. The following isrues arc a ising for decision in the present case :

1. Whether the workman was illegally retrenched from service b\ the management w.e.f. 26th January, 1990?

2. Whether the workman r, entitled to reinstate- ment with back wages ?

3. Relief and costs ?

6. Issue No. 1 : Retrenchment has been defined in Section 2(oa) as under :

or of such contract being terminated under a stipulation in that behalf contain-,..¹. therein ; or

(c) termination of the service of a workman on the ground of continued ill health.

7. Admittedly the workman had continuously serv- ed -with the Telecommunication Department fir a period of more tnan one yeai. His continuous service in the Depaitm;nt was more tJ.an 240 days. Before terminating his services, he \\;>s j-r* given o\c nontn notxe in writing indicating the lemons for leimi'iotion. At the same time, no compensation was paid to h;ii in lieu 01 sudh notice. Novv v,c i,a\c to ecidder as to whether the termination amount to retierchueut. Whatsoever the reason eveiy termination spc is IC- trenebment. I he termination takes p'ace •, he-e the term expires either by the active step of h.c mi tcr ar lunning out of the stipulated tenp.s. In \iev, of 11 Js fact, the termination of workman in the ins'ant case aLo amount:, to retrenchment as lam by the Supreme Court hi AIR. \$l6, SC. ray. 1111, ^nl Versus Shri Sunder S. Mani, AIR 1977, SC. yv-jc 31, M / s. Hindustan Steel Ltd., Vei&us Piesidii"^ OiL^c/, Labour Ccui% Orissa and others. AIR. 19S0. SC. page i 219. Santosh Guota Versus State Bank of Tatiala. AIR. 1981. SC. Page 1253. Mohan'al Versus Management of M/s. Bharat Electronics Ltd. AIR. 1982. SC, page 854, L. Pobeit Disouza Versus Lxc- cut:vc Engineer, Southern Railway and anothei. In this way. every terjnination of service of v/oikman, which is not covered by exception of Section 2 (00) amounts to retrenchment. The ptesent case of work- man is not covered under any of tS.e exceptions of Section 2(oo) of the I.D. Act. 1947 hence the termi- nation of woikman from service in the present c a" ;'mouifs to retrenchment as la'd down by the SC < 1 the foregoing cases. Issue No. 1 is answered accord- ingly.

2527

regular payment of wages for working 6 dalys in week. In this situation, he was entitled to one day weekly holiday with vs ages. He had Continuously worked for more than 240' days in a Calendar yea|r and ihereforc he had attained the status 6f regular em- ployee. Without complying with the provisions of Sec. 25B of l.D. Act, 1947 he was removed from service by the oral order dated 26-1-90. He was not given one month notice prior to removing him from service. He has also not paid one month salary in lieu of remcWng him from seivice. He has not been paid retrenchment compensation according to the provisions of See. 25F of I'.D. Act, 1947.

New Delhi, the 11th May, 2001

3. The workman further alleges that prior to termi- nating his services, no permission was obtained from the Government of India. There was no justifica- tion in iemoving him from service as the work is rtill continuing for which he was initially employed by the telecommunication department, lne workman's ter- mination from service by the management is absolu- tely illegal and unjust a|nd therefore it deserves to be quashed. He Is entitled to reinstatement with back wapes and other consequential benefits attaching to the post.

S.O. 1255.—In pursuance of Section 17 of the In- dustrial Disputes Act, 1947 (14 of 1947), the Central Government heseby publishes the Award of the Cen- ia] Government Industrial "Tribunal Jabulpur as shown in the Anncxure in the Industrial Dispute between the employers in relation to the management of Tele- com Deptt.. and their workman, which was received bv the Central Government on 11-5-2001.

[No. L-40012/257/92-IR(DU)]

KULDIP RAI VERMA, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT, JABALPUR

Cajse No. CGIT[LC|R|64|94

Presiding Olllcer : Shri K. M. Rai

Shri Abdul Aziz through: All India Telegraphs Engineering Employees Union 88, MG Road, Indore

...Applicant.

Versus

4. The c ax Tor the management is that the work' man was employe^ on daily wage basis for perfor- ming the duly of laying telephone line and marrftarh- ing the s,e|me. He was not erhployed as a regular worker and therefore no condition of service \*as ai¹ ached. Before terminating Jlifi service, giving cPp month notice vs'as not required, It was also riot neces- sity to obtain prior sanction before terminating: the service of the workman as he \Vas daily w"age paid worker. The work for which the workrhan employed was finished and' therefore his services were lightly dispensed wiHi The wm^man ha<= not been retrench- ed and thereforre, the compliance of provisions of Sec. 25F of T.D. Act 1947 is not required at all. The workman was not given any appointment and he wals being paid the wages from contingency fund. He Was not emploved according to recruitment rules and there- fore he cannot claim to be regularised in the instant rase. His termination from, service is just and rjro- ner. He is not entitled to ariy relief as clamed by him.

5. The following issue are arising for decision in The District Manager, Telecommunications, Indore. Non applicant.

the present case.

AWARD

Passed on this 8th clay of February, 2001

1. Whpth^T the workman was illegally retrenched from service by the management v\e.f. 26-1-90.

2 Whether the workman is entitled to reinstate-

ment with back Wages

1. The Government of India, Ministry of Labour vide order No. L-40012/257/92-TRDU dt. 15-3-94 has referred the following dispu'c for adju- dication by this tribunal.

3. Relief and costs.

ti. Tssue No. 1 : Retrenchment has been defined in

Sec. 2foo) as under :

"Whether the action of the Dv. General Mana- eer, Telecom Deptt. of Telecommunication. Tndore, telephones in retrenchine the ser- vices of Shri Abdul Aziz w.e f, 26-K90 is justified? Tf not, what relief lie is entitled t o ?"

retrenchment means the termination by the employer of the service of i workman for any reason'whatsoever otherwise than ^s ai punishment inflicted by way of disciplinary action, but does not include,

a. voluntary retirement nf the workman; or

b. retirement of the workman on rcachinq the a'ge of superannuation if the contract at 2. The case for the workman is lha' he was cm- Wnved by the Dv. Genen'P Manar?r, Department rff Teltvonirmin'cntions, Government of India TndWe m 1-5-85 on dnilv waire basis for laying the telephone line and maintaining the same. He was Retting the 2528 THE GAZETTE OF INDIA : JUNE 2, 2 0 0 1/ JYATSTTTA 12, 1923 L^ART 11- -SLC. ?(ii)] employment between the employer and the workman concerned contains a stipulation in that behalf; or

bb. termination of the service of the workman as a result of the non renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipu- lation in that behalf contained therein; or c. termination of the service of a workman on the ground of continued ill health.

7. Admittedly the workman had continuously served with the .telecommunication department for a period of more than one year. His continuous service in the Department was more than 240 day!). Before termi- nating his services, he was not given one months notice in wrting indicating the reasons tor termination. At the same time, no compensation was paid to himj in lieu oi such notiee. l\uw we have to consider as to whether the termination apiounts to retrenchment. Whatsoever the reason every termination spells re- trenchment. The termination takes place where the term expires either by the active step of tins master or running out of the stipulated terms. In view of this fact, the termination of workman La the instant case also amounts to retrenchment as laid by the Supreme Court in AIR 1976, SC page 1111, SBI versujs| Shri Sunder S. Mani. AIR 1977, SC pg. 31, M|s. Hindustan Steel Ltd., versus Presiding Officer, Labour Court Orissa and others. A1K 1980 SC page 1219 Santosh Gupta versus State Bank of Patiaia. AIR 1981 SC Page 1253 Mohanlal versus Management of M|s. Bhart Electronics Ltd. AIR 1982 SC pg. 854, L. Robert Disouza vrs. Executive Engineer, Southern Railway a|nd another. In this way, every termination of service of workman, which is not covered by exception of Sec. 2(oo) amounts to retrenchment. The present case of workman is not covered under any of the exceptions of Sec. ?(oo) oi the I.D, Act, 1947, hence the termination of workman t'roni service in the present case amounts to retrenchment as laid down by the SC in the foregoing cases. Issue No. 1 is answered accordingly.

8. Issue No. 2 : The workman had continuously worked for more than one year in the employment of Telecom Deptt. Indore as admitted¹ by them. His continuous service was for more than 240 days in a calendar year. Before terminating his service neither any 30 dalys notice was given to him nor the retrench- ment compensation was paid. In this way the condi- ditions of Sec. 25F of the Industrial dispute Act 1937 has not been applied with by the management before terminating the service of the workman. Hence this termination is illegal and therefore the workman is entitled to reinstatement with back v\ ages. Issue No. 2 is answered accordingly.

9. Issue No. 3 : On the reasons stated above, the termination order passed by the management against the workman is hereby quashed The workman shall be reinstated with all back wages and other monetary benefits as permissible according to rules. The work- man shall be entitled to back wages at the rate he was being paid the wages at the time of termination. In the circumstances of the case, parties shall bear their own cost,

10, Crcy of the awatd be sent tu the Govt. of India, .Ministry oi Labour as pei rules.

K. M. RAJ, Presiding Ollicer New Delhi, the 11th May, 2001 S.O. 1256.—-In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes the award of the Cental Government Industrial Tribunal, 'Jabalpur. us t.ho'vn ia die An flexure in the luiustrial Dispute between tJie employers in relation to the management of Telecom. Department and Uieir workman, which was received by the Central Government on 11-5-2001.

[No. L-4OO12/259/92-IR(DU)J KULDIP RA1 VERM A, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRTBUNAL-CUM-LABOUR COURT, JABALPUR

No. R/66/94

Pressing Officer : Shri K. M. Rai. Shri Ramjiial S/o Nathuram, through : All India Telegraphs Engineering Employees Union, S8, MG Road,

Indore.

..Applicant.

Versus

The District Manager, Telecommunications, Indore.

...Non-applicant.

AWARD

Passed tin this 1st day of February, 2000 1. The Government of Tndia, Ministry of Labour vide order Na L-40012/259/92-TR.DU dated Q-5-94 has referred the following dispute for adjudication by this tribunal:—

"Whether the action of the Dy. General Mana- ger, Telecom. Department of Telecommuni- cation, Indore, telephones in retrenching the services of Shri Ramjilal S/n Shri Nathuram w.e.f. 25-1-QO is justified ? If not, what relief he is entitled to ?" 2$2* 2. The case for the workman is that he was em- ployed by the Oy. General Manager, Department of I elecommumcations, Government of India, liidore on 1^4-85 on daily wage basis for laying (.he telephone line and maintaining the same. He was getting the regular payment of wages tor working 6 days m a week. In this situation, ne '.us entitled to die day weekly holiday with wages. He had continuously worked tor more than 240 days in a calendar year and therefore he had attained the status of regular em- ployee. Without complying with the provisions of Section 25-B of I.D. Act, 1947 fan: was removed from service by the oral order dated 25-1-90. He was not given one month notice prior to removing him liom service. He has also not been paid one month salary in lieu of removing him from service. He has not been paid retrenchment compensation according to the provisions of Section 25-F ot I.D. Act, 1947.

3. The workman further alleges that prior to termi- nating his services, no permission was obtained irom the Government of India. There was no justification in removing him. from service as the work is still continuing tor which he was initially employed by the ttelccommunication department. The workman's ter- mination from service by the management is abso- lutely illegal and unjust and therefore is deserves to be quashed. He is entitled to reinstatement witti back wages and other consequential benefits attaching to the post.

4. The case for the management is that the work- man was employed on daily wage basis for perform- ing the duty of laying telephone line and maintaining the same. He was not employed as a regular worker and therefore no condition of service was attached. Before terminating his service, giving one month notice was not required. It was also not necessary to obtain prior sanction before tciminfitinj,' the ser- vice of the workman as he was dally vage paid worker. The work for which the workmaa was cm- ployed was finished and therefcie bis services were rightly dispensed with. The workman Irt, nit been retrenched and therefore tine compliance of provi- sions of Section 25-F of I.D. Act, 1947 is not re- quired at all. The workman was not ri\ou any an- pointment order and he was being p;! fW wages from contingency fund. He was not employ ' accord- ing to recruitment rules and therefore he cannot claim to be regularised in the instant case. His termination from service is just and proner. He is not entitled to any relief ns claimed by him.

5. The following isjiics are arising for decision in the present rise :—

1. Whether the workman was illegally retrench- ed from service by the management w.e.f. 25-1-90?

2. Whether the workman is entitled to re- instatement with back wages ,'

3. Relief and costs?

6. Tssue No. 1.—Retrenchment has been defined in Section 2 Coo") of I.D. Act, 1947 as under :

"retrenchment means the termination by the em- ployer of the service of a workman for any reason whatsoever otherwise than as a punishment inflicted by way of disciplinary action but does not include—

(a) voluntary letiremem ol the workman, or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a sti- pulation in that behalf; or

(bb> termination of the service of the work- man as a result of the non-renewal of the' contract of employment bctweeu the em- ployer and the workman concerned on its expiry or of such contract being termi- nated under a stipulation in that behalf contained therein; or

(c) termination of the service of a workman on the ground of continued ill health." 7. Admittedly the workman had continuously serv- ed with the Telecommunication Department for a period of more than one year. His continuous service in the Department was more than 240 days. Before terminating his services he was not given one months' notice in the writing indicating the reasons for termi- nation. At the same time, no compensation was paid to him in lieu of such notice. Now we have to consi- der as to whether the termination amounts to retrench- ment. Whatsoever the reason every termination spells retrenchment. The termination takes place where the term expires either by the active step of the master or running out of the stipulated terms. In view of this fact the termination of workman in the instant case also amounts to retrenchment as laid by the Supreme Court in AIR 1976 SC page 1111, SBT versus Shii .Sunder S. Mani, AIR 1977 SC page 31, M/s. Hi'i'luvi ID Steel Ltd., versus Presiding Officer, Labour Cuu?t Orissa and others, ATR 1980, SC page 1219. S;inh Jih Gupta versus State Bank of Patiala, AIR 1981 SC page 1263, Mohanlal versus Management of M|". ;_ilia,at Electronics Ltd.. AIR 1982, SC page 854. L, TV^brrt Disouza versus Executive Engineer, Sou- thnn Railway and another. Tn this way, every termi- ivtV". of service of workman, which is not covered bv .iception of S^c. 2(oo) of I.D. Act, 1947 amounts ti" retrenchment. The present cnse.of workman is not covered under any of the exceptions of Section 2(oo) of the I.D. Act, 1947. Hence the termination of workman from service in the present case amounts to retrenchment as laid down by the SC in the fore- going case¹'. Issue No. 1 is answered accordingly.

8. Tssue No. 2.—The workman had continuously worked for more than one year in the employment of Telecom. Department Indorc as admitted by them. His continuous service- was for more than 240 days in a calendar year. Before terminating his service nei- ther any 30 Jays notice was given to him nor the retrenchment compensation was paid. In this way the conditions of Section 25-F of the Industrial Disputes Act, 1937 has not been complied with by the man- agement before terminating the service of the work- man. Hence this termination is illegal and therefore the workman is entitled to reinstatement with hack I wages. Issue No. 2 is answered accordingly, 2530 THE GAZETTE or INDIA : JUNE 2, 2001/JYAJSTHA 12, 1923 [PART II—SEC. 3(ii)l 9. Issue No. 3.—On the reasons stated above, the termination order passed by the management against the workman is hereby quashed. The workman sball be reinstated with all back wages and other monetary benefits as permissible according to rules. The work- man shall be entiiiled to back wages at th< u tc he was being paid the wages at the time of termination. In the circumstances of the case parties shall heai their own cost.

10. Copy of the award be sent to the Government of India, Ministry of Labour as per rules.

K. N. RAI, Presiding Officer New Delhi, the 11th May, 2001

S.O, 1257,—Tn pursuance of Section 17 of the In- dustrial Disputes Act, 1947 (14 of 1947), the Central Government heieby publishes the award of the Central Government Industrial Tribunal/Labour Couit, .labal- pur as shown in the Annexure in the Industrial'Dispute between the employers in relation to the management of Telecom Department and their workman, which was received by the Centra! Government on II-5-200J.

[No. L-J00l2/260/92-J7(DU)] KULD1P RAT VERMA, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TKIBUN/.L-fUM LABOUR COURT, JABALPUR

Case No. CGTT/LC/ R/67/91

Presiding Officer : Shii K. M. Rai.

Shri Surcsh Kumar S/o Shankuvlal. through: All Tndia Telegraphs Engineering Employees Union, 88, M. G. Road, Jndore. Applicant.

Versus

The District Manager, Tel ecommu ai c ati ons, Indore.

. .Non-applicant.

AWARD

Pasxd on this 2nd day of February. 2001 1. The Government of Tndia, Ministry of Labour Vide order No. L-40012/260/92-1RDU dated 9-5-94 has referred the following dispute for adjudication by this tribunal :—

"Whether the action ot the Dy. Gcneial Manager, Telecom Department of fciccouuaujication, Indore, telephones in retrenching ths sa vices of Shri Suiesh Kumar, S/o Shri Sinankarial w.e.f. 26-6-90 is justilied ? ft not, what relief he is entitled to V"

2. The case for the workman is Ihdt he wa5 employ- ed by the Dy. General Manager, Department, or. lele- communications, Government of Indi.i, Indoie on 14th April. J981 on daily wage QJSI> Tor lading the telep- phone line and maintaining the same. He was getting the regular payment o" wages for working 6 days in a week. In tuts situation, lie was entitled ".o one day weekly holiday with wages. He had continuously work- ed fur more than 240 day., in a ca^-.uUr year and therefore he had attained the status of rc^iijar emp- loyee. Without complying with the provisions of Sec. 25 ii or l.D. Act, 1947 he was removed from service by the oral order dated 26-1-90. He was nui given one month notice prior to removing him fiom service He has also not paid one month salaiy in lieu of removing him fiom service. He has not been paid retrenchment compensation according to the provisions of Secrion 25F o! l.D. Act, 1947.

3. The woikman further alleges that piior to termi- nating his services no permission was obtained from the (ro\eminent of India. There was no justification in removing hjm from service as tlu v.Oik is still con- tinuing tor which he was initially employed by the teiecoiiimunication department. rlhe workman's termi- nation lrom service by the management is absolutely illegal and unjust and therefoie it deserves k> be quash- ed. He is entitled to reinstatement with back wages and other consequential benefits, attaching to the post.

4. The ease ior the management is that the woikinan was employe J on ilaiiy wage txuis 1or pei.-ioim.ing the duty of laying telephone line and maintaining the some. He v a, not employe.1 as ^regular worker and tnere^ore no condition of service was attached. Befoie terminat- ing his service, giving one month notice was not re- quired. It was also not nscesiaiy to obtain prior sanc- tion before terminating the service of the workman as he was daily wage paid wtnk^r. The work lo>- which the workman employed was finished and theietore his services were rightly dispensed v>ith the woikman has net been retrenched and thers-ior; the compliance of provisions of Section 25F of l.D. Act, 1947 is not required at all. The workman was not given any ap- pointment and he was being paid the wages from con- tingency fund. He was no employed according to recru'trncnt rules and therefore he cannot claim to be regUrised in the instant cj^e. His termination from service is just and proper. He is not entitled to any relief as claimed by him.

5. The following issues are arising tui decision in the picscnt case :

1. Whether the workman was illegally retrenched fiom service by the management w.e.f. 26th January, 1990.

2. Whether the workman is entitled to reinstate- ment with back wages.

2531 3. Relief and costs.

6. Issue No. I: Retrenchment has been defined in

Section 2(o.'0 ns under :

Ilctrcrtclin)ei:i means the termination by ihe emp~

of Section 25-F of the Industrial Dispute Act, 1937 has not been applied with by tiie management before ferm-n-it:ng I'm £,c-v>3 of the workman. Hence this termination is illegal and therefoie the workman is enfi!e"i to rcinstf orient vu.li back \vagos. Issue 71u. ?. is an^wervd accordingly.

lo^ei ci in? t iv^v oi a ,,'j.kukn ioi aiv leasun whatsoever otherwise than as a punish • ment 'Mil ted by way of disciplinary action, bvJ cl".-^ not induce :

(a) vclu" ai\" reirerrun* of the wo.kr.an; or

([>) nt'iCir.-Dt or tl'e woikm'jn en lejching the ;'s⁷e oi buyer cinu/Avo¹1 if the contract of cxirojiA-'ut'between hr employer and ffie v/x'./i m concerned contains a stipuka'on

2532 THE GAZETTE OF INDIA : JUNE 2, 2 0 0 1/ JYAISTHA 12, 1923 [PART II—SEC. 3(ii)l

AWARD

Passed on this 1st chy of Februn'y, 2001 1. The Government of Ind'a, Ministry of Labour vide order No. L-40012/262/92-IRDU dated 9-5-94 has- referred the J'oilowiug dispute for adjudication by this tribunal :—•

"Whether the action ot the Dy. General Manager, Telecom Department of Telecommunication, Indore, telephones in retrenching the services of Smt. Mulia B;;i w.c.f. 26-1-90 is justified? Tf not, what relief he is entitled to 7" 2. The case for the workman is that he was employ- ed by the Dy. General Manager, Department of Tele- communications, Government of Tndia, Indore on 1st August, 1985 on daily wage basis for laying the tele- phone line and¹ maintaining the same. He was getting the regular payment of wag^s for working 6 days in a week. In this situation, he was entitled to one day weekly holiday with wages. He had continuously work- ed for more than 240 da/rs in a calendar year and therefore he had attained the status of regular erpp- loyee. Without complying with the provisions of Ser. 25B of I.D. Act, 1947 he was removed from service by the oral order dated 26-1-90. He was not given one month notice prior to removing him fmm service. He has also not paid one month salary in lieu of removing him from service. He has not been paid retrenchment compensation according to the provisions of Section 25F of I . D. Act, 1947.

2. Whether the workman is entitled to reinstate- ment v ii h back wages ?

3. Relief and costs?

6. Jssue No. 1 : Retrenchment has been defined in Se<-. t;on 2(oo) as under :

Retrenchment means the termination by the emp- loyer of the service of a workman for any reason whatsoever otherwise than tts a punish- ment inflicted by way of disciplinary action, but does not include :

(a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer ard (he workman concerned contains a stipula- tion in that behalf ; or

i,bb) termination of the service of the workman as a result of the non-renewal of the con- tract of employment between the employer and the workman concerned on its explrv or of such contract being terminated under a stipulation in that behalf contained therein; or

(c) termination of the service of a workman on the ground of continued ill-health.

in a calendar yeat. Before terminating his service nei- ther any 30 days notice was given to him nor the ret- renchment-compensation was paid. In this way the conditions of Section 25-F of the Industrial Dispute Act, 1937 has not been applied with by the manage- ment before terminating the service pf the workman.. Hence this termination is illegal and therefore the workman is entitled to reinstatement with back wages. I.ssue No. 2 is answered accordingly.

9. Issue No. 3 : On the reasons stated above, the termination order passed by the management against the workman is hereby quashed. The workman shall be reinstated with all back wages and other monetary benefits as permissible according to rules. The work- man shall be entitled to back wages at the rate he was being paid the wages at the time of termination. In the circumstances of the case parties shall bear their own cost.

10. Copy of the award be sent to the Government of India, Ministry of Labour as per rules.

K. M. RAI, Presiding Officer New Delhi, the 11th May, 2001

S.O. 1259.—In pursuance of Section 17 of the In- dustrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government Industrial Tribunal /Labour Court, Jabal- pur as shown in the Anncxure in the Indus Irial Dispute between the employers in relation to the management of Telecom Department and their workman, which was received by the Central Government on 11-5-2001.

[No. L-40012/263/92-IR(DU)] KULDIP RAI VERMA, Desk Office.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRTBUNAL-CUM-LABOUR COURT, JABALPUR

Case No. CGIT/LC/R/69/94

Presiding Officer : Shri K. M. Rai. Shri Naveen, through: All India Telegraphs Engineering Employees Union, 88,' M. G. Road, Indore

. .Applicant.

1532 GI/2001—21

2533

Versus

The District Manager, Telecommunictions, . Indore.

. . Non-applicant.

AWARD

Passed on this 2nd day of February, 2001 1. The Government of India, Ministry of Labour vide order No. L-40012/263/92-IRDU dated 9-5-94 has referred the following dispute for adjudication by this tribunal :

"Whether tho action of the Dy. General Manager, Telecom Department of Telecommunication, Indore, telephones in retrenching the services of Shri Naveen w.ei. 26-1-90 is justified? If not, what relief he is entitled to ?" 2. The case for the workman is that he was emp- loyed by the Dy. General Manager, Department of Telecommunications, Government of India, Indoro on daily wage basis for laying the telephone line and maintaining the same. He was getting the regular pay- ment of wages for working 6 days in a week. In this situaiion, he was entitled to one day weekly holiday with wages. He had continuously worked for more than 240 days in a calendar year and therefore he had attained the status of regular employee. Without com- plying with the provisions of Section 25B of I.D. Act, 1947 he was removed from service by the oral order dated 26-1-90. He was not given one month notice prior to removing him from service. He has also not paid one month salary in lieu of removing him from service. He has not been paid retrenchment compen- sation according to the provisions of Section 25F of I.D. Act, 1947.

3. The workman further alleges that prior to termi- nating his services, no permission was obtained from the Government of India. There was no justification iu removing him from service as the work is still continuing for which he was initally employed by the telecommunication department. The workman's termi- nation from service by the management is absolutely illegal and unjust and therefore it deserves to be quash- ed. He is entitled to reinstatement with back wages and other consequential benefits attaching to the post 4. The case for the management is that the workman was employed on daily wage basis for performing the duty 'of laying telephone b'ne and maintaining the same. He was not employed as a regular worker and there* fore no condition of service was attached. Before ter- minating his service, giving one month notice was not required. It was also not neqessary to obtain prior sanction before terminating the service of the workman as he was daily wage paid worker. The work for which the workman employed was finished and therefore his services were rightly dispensed with. The workman has not been retrenched and therfore the compliance of provisions of Section 25F of I.D. Act, 1947 is not.required at all. The workman was not given any appointment order and he was being paid the wages from contingency fund. He was not employed accord- ing to recruitment rules and therefore .he cannot claim to be regularised'in the instant case. His termination from service is just and proper. He is not entitled to any relief as claimed by him.

2534 THE GAZETTE OF INDIA : JUNE 2, 2001/JYAISTHA 12, 1923 [PAR
the present case :

1. Whether the workman was illegally retrenched from service by the management w.e.f. 26th January, 1990.

2. Whether the workman is entitled to reinstate-

ment with back wages.

3. Relief and costs.

6. Issue No. 1 : Retrenchment has been denned in

Section 2(oo) as under :

8 Issue No.. 2 : The workman had continuously worked for more than one year in the employment of Telecom Department, Indore as admitted by them. His continuous service was for more than 240 days in a calendar year. Before terminating his service neither any 30 days notice was given to him nor the retnrench- ' ment compensation was paid. In this way the condi- tions of Section 25-F of the Industrial Dispute Act, 1947 has not been applied with by the management before terminating the service of the workman. Hence this termination is illegal and therefore the workman is entitled to reinstatement with back wages. Issue No. 2 is answered accordingly.

Retrenchment means the termination by the emp- loyer of the service of a workman for any reason whatsoever otherwise than as a pu- nishment inflicted by way of disciplinary action, but does not include;

(a) voluntary retirement of the workman; or

9. Issue No. 3 : On the reasons stated above, the termination order passed by tlje management against the workman is hereby quashed. The workman shall be reinstated with all back wages and other monetary benefits as permissible according to rules. The work- man shall be entitled to back wages at the rate he was being paid the wages at the time of termination. In the circumstances of the case, parties shall bear their own cost.

10. Copy of the award be sent to the Government of

India, Ministry of Labour as per rules.

(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf ; or

K. M. RAI, Presiding Officer (bb) terminating of the service of the workman as a result of the non-renewal of the con- tract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or

(c) termination of the service of a workman on

the ground of continued ill-health.

New Delhi, the 11th May, 2001

SO. 1260.—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, Jabalpur, as shown hi the Annexure in the Industrial Dispute between the employers hi relation to the management of Teltcom Department and their workman, which was received by the Central Government on 11-5-2001.

[No. L-4OO12/264/92-IR(DU)] KULDIP RAI VERMA, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL~CUM-LABOUR COURT, JABALPUR 7. Admittedly the workman had continuously served with the Telecommunication Department for a period of more than one year. His continuous service in the Department was more than 240 days. Before termi- nating his services he was not given one months notice in writing indicating the reasons for termination. At the same time no compensation was paid to him in lieu of such notice. Now we have to consider as to whether the termination amounts to retrenchment. Whatsoever the reason every termination spells retrenchment. The termination takes place where the term expires either by the active step of the master or running out of the stipulated terms. In view of this fact, the termination of workman in the instant case also amounts to retren- chment as laid by the Supreme Court in AIR 1976, SC. page 1111, SB1 versus Shri Sunder S. Mani AIR 1977 SC page 31, M/s. Hindstan Steel Ltd., versus Presiding Officer, Labour Court, Orissa and others, AIR 1980, SC, page 1219. Santosh Gupta versus State Bank of Patiala, AIR 198). SC Page 1253, Mohanlal versus Management of M/s. Bharat Electronics Ltd. AIR J9&2. SC, Page 854, L. Robert Disoza versus Execu- tive Engineer, Southern Railway and another. In this way, every termination of service of workman which is not covered by exception of Section 2(oo) amounts to retrenchment. The present case of workman is not , covered under any of the exceptions of Section 2(oo) of the I.D. Act, 1947 hence the termination of work- man from service in the present case amounts to re- trenchment as laid down by the SC in the foregoing cases. Issue No. 1 is answered accordingly.

Case No. CGIT/LC/R/57/94 PRESIDING OFFICER: Shri K. M. Rai. Shri Btiim Rao, through: All India Telegraphs Engineering Employees Union, 88, MG Road, Indore.

.. .Applicant.

2535 Versus

not employed according to recruitment rules and there- fore he cannot claim to be regularised in the instant case. His termination from service is just and proper. He is not entitled to any relief as claimed by him.

The District Manager, Telecommunications. Indore.

. . .Non-Applicant.

5. The following issues are arising for decision in

the present case:

AWARD

Passed on this 7th day of February, 2001

1. Whether the workman was illegally retrench- ed from service by the management w.e.f. 26-1-90 ?

2. Whether the workman is entitled to re- 1. The Government of India, Ministry of Labour fcide order No. L. 40012/264/92-IR(DU) dated 15-3-94 has referred the following dispute fdr adjudi- cation by this tribunal:

instatement with back wages ?

3. Relief and costs.

6. Issue No. 1 : Retrenchment has been defined in

Section 2(oo) as under:

"Whether the action of the Dy. General Mana- ger, Telecom Department of Telecommuni- cation, Indore, telephones in retrenching the services of Shri Bhim Rao w.e.f. 26-1-90 is justified ? If not, what relief he is en- titled to?"

Retrenchment means the termination by the em- ployer of the service of a workman for any reason whatsoever otherwise than as a punishment inflicted by way of disciplinary action, but does not include :

(a) voluntary retirement of the workman; or

(b) retirement of the workman on reaching the age of superannuation if the contract of rm- ployment between the employer and the workman concerned contains a stipulation in that behalf; or

2. The case for the workman is that he was em- ployed by the Dy. General Manager, Department of Telecommunications, Government of India, Indorc on 1-2-85 on daily wage basis for laying the tele- phone line and maintaining the same. He was getting the regular payment of wages for working 6 days in a week. In this situation, he was entitled to one day weekly holiday with wages. He had continuously worked for more than 240 days in a calendar year and therefore he had attained the status of regular em- ployee. Without complying with the provisions of Sec. 25B of I.D. Act, 1947 he was removed from service by the oral order dated 26-1-90. He was not given one month notice prior to removing him from service. He has also not paid one month salary in lieu of removing him from service. He has not been paid retrenchment compensation according to the provisions of Sec. 25F of I.D. Act, 1947.

(bb) termination of the service of the, workman as a result of the non-renewal of the con- tract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained there- in ; or

(c) termination of the service of a workman on

the ground of continued ill health.

3. The workman further alleges that prior to ter- minating his services, no permission was obtained from the Government of India. There was no justi- fication in removing him from service as the work is still continuing for which he was initially employed by the telecommunication department. The work- man's termination from service by the management is absolutely illegal and unjust and therefore it de- serves to be quashed. He is entitled to reinstatement with back wages and other consequential benefits attaching to the post.

4. The case for the management is that the work- man was employed on daily wage basis for performing the duty of laying telephone line and maintaining the sfme. He was not employed as a regular worker and therefore no condition of service was attached Before terminating his service, giving one month notice was not required. It was also not necessarv to obtain prior sanction before terminating the service of the workman as he was daily wage paid worker. Tlhc work for which the workman emploved was finished and therefore his services were ricMlv dis- pensed with. The workman has not been retrenched and therefore the compliance of provision? of Sec. 25F of I.D. Act, 1947 is not required at alii. The workman was not given any aooointment and he was being paid the wages from contingency fund. He was

7. Admittedly the workman had continuously served with the Telecommunication department for a period cf more than one year. His continuous service in the Department was more than 240 days. Before termi- nating his services, he was not given one month's notice in writing indicating the reasons for termination. At the same time, no compensation was paid to him in lieu of such notice. Now we have to consider as to whether the termination amounts to retrenchment. Whatsoever the reason every termination spells re- trenchment. The termination takes place where the term expires either by the active step of the master or running out of the stipulated terms. In view of this fact the termination of workman in the instant case also amounts to retrenchment as laid by the Supreme Court in AIR, 1976, SC, page 1111, SBI versus Shri Sunder S. Mani, AIR 1977, SC, p. 31. M/s. Hindustan'Steel Ltd., versus Presiding Officer, Labour Court Orissa and others, AIR, 1980, SC, 2536 THE GAZETTE OF INDIA:JUNE 2, 2001/JYAISTHA 12, 1923 [PART n-^SEc. 3(il)] page J219, Santosh Gupta versus State Bank of Paliala. AIR, 1981, SC, page 1253, Mohanlal versus Management of M/s.'Bharat Electronics Ltd., AIR, 1982, SC, page 854, L. Robert Disou/:a versus Exe- cutive Engineer, Southern Railway and another. In this way, every termination of service of workman which is not covered by exception of Sec. 2(oo) amounts lo retrenchment. The present case of work- man is not covered under any of the exceptions of Sec. 2(oo) of the I.D. Act, 1947 ihence the termina- tion of workman from service in the present case amounts to retrenchment as laid down by the SC in ''the foregoing cases. Issue No. 1 is answered accord- ingly.

8. Issue No. 2.—The workman had continuously worked for more than one year in the employment of Telecom Department, Indore PS admitted by them. His continuous service was for more than 240 days in a calendar year. Before terminating his service neither any 30 days notice was given to him nor the retrenchment compensation was paid. Tn this way the conditions of Section 25-F of the Industrial Dis- putes Act, 1947 has not been applied with by the management before terminating the service of the workman. Hence this termination is illegal and there- fore the workman is entitled to reinstatement with back wages. Tssue No. 2 is answered accordingly.

9. lrsue No. 3.—On ihe reasons stated above, the termination order passed by the management against the workman is hereby quashed. The workman shall be reinstated with all back wages and other monetary benefits as permissible according to rules. The work- man shalil be entitled to back wages at the rate he was being paid the wages at the time of termination. In the circumstances of the case, parties shall bear their own cost.

10. Copy of the award be sent to the Government of India, Ministry of Labour as per-rules.

K. M. RAT, Presiding Officer New Delhi, the llflh May, 2001 S.O. 1261.—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, Jabalpur, as shown in the Annexure in the Industrial Dispute between he employers in relation to the management of Superintendent, R.M.S. and their workmen, which was received by the Central Government on 11-5-2001.

INo. L-42012/254/94-lR(DU)] KULDIP RAI VERMA, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUS- TRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR

Camp at Raipur

K. M. Rai— Presiding Officei.

Case No. CGIT/LC(RX43)/96

Saileudra Kumar Nonhare, Ex-daily rated niazdoor . . .Workman

Versus

Superintendent, R.M.S. R. P. Division, Raipur. . . .Management.

AWARD

(Passed on this 29th day of March, 2001) The Government of India, Ministry of Labour, has referred the following dispute vide order No. L-42012/ 254/94-TR(DU), dated 30-1-1996 for adjudication:

"Whether the termination of service and refusal of employment to Sri Sailendra Kumar Nonhare, ex-daily rated mazdoor by the management of Superintendent, R.M.S., RP Division, Raipur w.e.f. 17-9-1987 is legal and justified ? If not, to what relief the workman is entitled to and what should be details ?"

.2. The workman did not appear in the court when the case was called on for hearing. It appears that he is not interested in pursuing his claim. Hence, the case proceeded ex-parte.

3. In the absence of the workman, it is held that (ho dispute exists between the parties to the case. The workman is, therefore, not entitled to any relief as claimed by him.

4. In view of the above said facts, the reference is /answered in favour of the Management and against the workman.

K. M. RAI, Presiding Officer 2537

CORRIGENDUM

New Delhi, the 23rd May, 2001

S,O. 1262.—In the notification of the Government of India in the Ministry of Labour No. SO, 2555, dated 8th August, 1988 published in the Gazette of India, Part-II, Section-3, sub-section (ii) as page 3187 for the entries agajnst SI No. 2 read as under:

Had Bast No. Name of village

73

"Palwal

2.

65

Agwanpur

3.

159

KhuSrupur

4.

New Delhi, the 30th April, 2001 S.O, 1263.—In pursuance of Section 17 of the In- dustrial Disputes Act, 1947(14 of 1947), the Central Government hereby publishes the award of the Cen- tral Government Industrial Tribunal|Labour Court, Bangalore as shown in the Annexure in the Industrial Dispute between the employers in relation to the man- agement of Tumgabbadra Gramin Bank and their Workmen, which was received by the Central Govem- Jnent on 27-4-2001.

[No. L-12012/226/93-IR(B-I)] AJAY KUMAR, Desk Officer Tehsil

District

Palwal

Faridabad

Palwal

Faridabad

Palwal

Faridabad"

[F. No."S-38013/29/88-SS-I] L.R RUOLNGUL, Under Secy.

ANNEXURE

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

Dated : 23rd April, 2001

C.R. No. 8/94

PRESENT :

Hoii'blc Shri V. N. Kulkarni, B.Com., LLB., Presiding Officer.

I PARTY

~Th&~GeneraI Secretary,

Timgabhadra Gramin Bant Employees Union, No. 144, Koppagal-Road. •Bellary.

II PARTY

The Chairman, Tun,"rtbhadra Gramin Bank. Head Office, No." 32, Sanganalcal Road. Gandhinagar, Bellary.

2538 THE GAZETTE OP INDIA: JUNE 2, 2001/JYAlSTHA 12, 1923 [PAM I I - ^ E C. 3(U>]

AWARD

1. The Central Government by exercising the powers conferred by clause (d) of sub-section (1) and sub- section 2A of Section 10 of the Industrial Disputes Act, 1947 has referred this dispute vide order No. L-12Q12/226/93-IRB-I dated 31-1-94 for adjudica- tion on the following schedule :

SCHEDULE

"Whether the action of the Chairman, Tunga- bhadra Gramin Bank in imposing the penalty on Shri G. Siddappa, Messenger; vide pro- ceedings dated 22-10-92 is legal and justi- fied ? It not, to what relief the workman is entitled ?"

2. The first party was appointed as a part-time messenger by order dated 27-8-1987. Charge sheet was issued to the first party and enquiry was held. After the leceipt of report penalty was imposed and therefore the present dispute is raised.

3. After issue of notices parties appeared and filed claim stutement and counter respectively.

4. The case of the first party is that the charge sheet did not disclose the provisions of loan rule under which the disciplinary action is initiated against him. All the 3 charges are not correct. In para 5 of the Claim Statement details of the charges are given. The first party denied all the charges. The charges were vague and untenable. The first party was nothing to do with the loan availed by Kalinga Mudukanagouda. The first party is non matric and he is unable to understand English. The enquiry was conducted in English and so far as the enquiry is concerned the contention is that full opportunity was not given and misconduct is not proved and therefore, the stoppage of 2 increments with cumulative effect is not correct. The first party for these reasons has prayed to pass an award.

5. Second party appeared and filed counter content- ing that the punishment of stoppage of one increment is correct. The dispute is not legally and properly es- poused by the Union, First party was full time mes- scnger-cum-sweeper on probation w.e.f. 1-4-1992. It is the further case o.f the second party that one Smt. Kurubor Dyamawa, W/o Sri K. Hanumanthappa had availed a gold loan of Rs. 1,650 on 7-8-1987. In the loan recall notice, the jiame of the borrower was wrongly mentioned as Smt. Kurugodu Dyavamma, W/o Sri K. Hanumanthappa and as there was another party by similar name, the said notice was wrongly delivered to her. The party by name Smt. Kurugodu Dyavamraa approached the first party at his residence twice, a<; the was residing near by the first party's house. The first party on both the occa- sions misled her to get the ornaments released after clearing the loan amount, although she told him that she had not pledged and availed any gold loan from the said Branch. The said lady got the ornaments re- leased on 15-5-1989 by producing the recall notice and clearing the loan amount. Though the first party was present hi the Bank on 15-5-89, when delivery of gold ornaments took place, he did not inform the Branch Manager of the fact that she is not the real bor- rower or the truo owner of the pledged ornaments. On 19-5-89 when Shri K. Hanumantliappa, the hus- band of the actual borrower Smt. Kurubar Dyavamma, came to the branch to clear the gold loan account, the Bank came to know about the delivery of the gold ornaments to other than the real borrower/owner. Upon enquiry, Smt. Kurugodu Dyavamma, W/o Sri Siddappa admitted of having fraudulently withdrawn the gold ornaments. Thus, the first party has acted prejudicial to the interest of the Bank and in contra- vention of the service condition No, 3 of his appoint- ment.

6. It is the further case of the second party that the second party Branch had sanctioned a loan of Rs. 5,450 to Shri Havadi Basappa, S/o Sri Yankappa. After disbursement of loan by the Branch, the party had handed over the entire amount of Rs. 5,450 to the first party and asked him to pay the said amount to one Mr. Tekkalakote Mallayya. But the employee gave only Rs. 5000 to Shri Tekkalakote Mallayya and misutilised the remaining amount of Rs. 450 without informing both the persons. Later on, the first party credited a sum of Rs. 100 on 30-11-88 to the loan account of Shri Havadi Basappa out of Rs. 450, which was misutilised by him. He has thereby acted in con- travention of the service conditions of his appointment order.

7. The first party to avail gold loan, offered his own gold ornaments to one Shri Kalinga Mudukana Gowda, S/o Sri Basanagowda and got sanctioned a gold loan of Rs. 500 on 1-6-88 and utilised the amount to his own benefit. Later on, with an intention to get the gold ornaments released, the first party obtained the signature of Shri Kalinga Mudukanagowda on loan ledger sheet under column 'Received Gold Ornaments pleaded in original condition' without informing the purpose to the party and without the knowledge of the Branch.

8. The above acts committed by the first party amounts misconduct and rightly charge sheet was given. Regarding enquiry it is said the same is correct and valid and full opportunity was given to the first party and all the allegations arc not true. The second party for all these reasons has prayed to reject the reference.

9. It is seen from the records that my learned pre- decessor answered additional issue on domestic en- quiry holding that the same is fair and proper. There- after the case was posted for arguments on merits. After giving adjournment the first party and counsel, remained absent. I have heard the learned counsel for the second party, I have perused all the material before me. I have carefully gone through the records of the enquiry and the evidence adduced before the enquiry officer. Now the first party has to prove that the finding given by the enquiry officer is perverse and the evidence before him is not sufficient to prove the charges but the first party has failed to prove al] 2539

3028, I am of the opinion that thsre is DQ merit in the arguments advanced by the first party. The man- agement has proved the misconduct, there is no per- versity in the finding given by the enquiry officer. It was further argued by the learned counsel for the management that there is no evidence on behalf of the union to establish that the union has authority to raise the dispute for the workmen. There is merit in his contention. I have already held that the mis- conduct is proved and there is no perversity in the finding given by the enquiry officer and there is no unfair labour practice. In view of these facts the action of the management in imposing penalty under reference is correct and accordingly I proceed to pass the following order.

ORDER

ITie reference is rejected.

(Dictated to PA transcribed by her, corrected and

signed by me on 23rd April, 2001.) that. First party has filed written arguments and, have considered the same carefully. According to the first party Jic only witness tlat could have been stated before the enquiry officer, whether Kurukodu Dyav- amma called the workman at his residence for clari- fication and whether the workman mislead her to get the ornaments is Smt. Kurugodu Dyavamma. Though shti was listed as witness on examination of MW1 the other witnesses Kuruyodu Dyavamma, Kalinga Mudu- kana Gowda and Havadi Basappa were withheld from the enquiry without assigning any reason. In paras 7 and 8 of the written arguments the first party has alleged that the non-examination of witnesses would go to show that the finding of the enquiry officer is jaot correct and there is no evidence. In my humble opin- ion there is no merit in this argument. Admittedly the domestic enquiry is held as fair and valid. The evi- dence before the enquiry officer is sufficient to prove the misconduct, and therefore, the contention of the first party that non-examination of other witnesses is fatal to the management is not correct. Keeping in mind the principle held m State Bank of India, Appel- lant C. Tarun Kumar Banerjee and others, Respon- dents decision reported in AIR 2000 Supreme Court

SHRI V. N. KULKARNI, Presiding Officer Printed by the Manaser Govt. of India Press, Ring Road, New Delhi-110064 •*d Published by the Controller of Publications, Delhi-110054, 2001