REGISTERED NO. D. L . 3 3 0 01 99 The Gazette of India
PUBLISHED BY AUTHORITY
No. 33] NEW DELHI, SATURDAY, AUGUST 18, 2001/SRAVANA 27, 1923 Separate paging is given to this Part in order that it may befiledasa separate compilation
PART II—Section 3—.Sub-Section (ii)
'Statutory Orders and Notifications Issued by the Ministries of theGovernrnmentof India (other than the Ministry of Defence)
(4137)
2435 GI/2000 —I4138 THE GAZETTE OF INDTA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)l MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Personnel and Training) New Delhi, Iho 1st August, 2001 S. O. 2049.— In exercise of the powers conferred by sub-sedion (1) of section 5 read with section 6 of the Delhi Special Police Establishmen1 Act, 1946 (Act No. 25 of 1946), the Central Government with the consent of the Stale Government ofKarnataka vide notification No. HD 50 PCR2001, dated 9-4-2001 hereby extends the powers and jurisdiction of the members of the Dtlhi Special Police Fstablishmcnt to the whole of the Slate of Karnataka for investi- gation of offences punisl able under section 120B read with 420 of Indian Penal Code, I860 end section 13(7) read with 13(l)(d) of the Prevention or Corruption Act, 1988, and attempts, abetments and conspiracy in relation to or in connection with one or more of the offence mentioned above and any other offence and offence-, committed in the course of the same transaction or arising out of the same facts against (1) Mrs. Nalini M.K. Mcnon (Retd. TRS Officer) 8/2 VIT Main, Nandidurga Road, Bangalore (2) Mrs. Priya Deepak, F. 28, South Extension-I, Now Delhi (3) M/s. DDMS Simulations Software Consultants (P) Ltd., Apt.2 01, Kumar Ashraya, 1994/1, 9lh Cross, Jlnd Bloc'k, Jaya- nangar, Ban.galorc.-II and any other public servants or persons registered with DSPF/CB1/ ACB/Bangaloro vide R.C. 13(A)/2001-BLR.
[No. 228/46/2001-AVD-Il
New Delhi, the 1st August, 2001 S.O. 2041 .—In exercise of the p&wers ^conferred by sub-section (1) of section 5 r£ad with section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946), the Central Government with the consent of the State Government of Katnataka vide notification No. HD 50 PCR 2001, dated, 19-4-2001 hereby extends the powers and jurisdiction of 'he memVers of the Delhi Special Police Establishment to the whole of the State of Karnataka for investi- gation of offences punishable under sections 120B read with 420 of Indian Penal Code, 1860 and section 13(2) read with 13(l)(d) ofthe Pievcntion of Corruption Act, 1988, and attempts, bctments and conspiracy in relation to or in connection with ono or moro ofthe offrence mentioned above and any other offence and offences committed in the course ofthe same transaction or arising out ofthe same facts against (1) Mrs. Nalini M. K. Menon (Rctd. IRS Office.) 8/2, VII M?;n, Nand;durga Road, Bangalorc-oo (2) Mrs. Ami Josep, 534/30, V Cross Mahalakshmi Layout, Bangalorc-86 (3) M/s. Pearl Insulations Ltd., 505/506, JV Phase, Peenja Industrial Area, Ban.galore-58, and any othei public servants registered with DSPE/CBI/ACB/ Bangalore vldo RC. 14(A)/2001-BLR.
[No. 228/46/2001-AVD-II (ii) ]
HARI SINGH, Under Secy.
4139New Delhi, the 1st August, 2001
NL-W Delhi, U>e 1st August, 2001 S. O. 2042.—-In exercise of the powers conferred by sub-section (1) of section 5 read with section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946), The Central Government with the consent of the State Government of Karnataka vide notificfition No. HD 77 PCR 2001, dated 17th May, 2001, hereby extends the powers and jurisdiction of the members of the Delhi Special Police Establishment to the whole of the State of Kamataka for investigation of offences punishable under section 120B read with 420, 471 of Indian Penal Code, I860 and section 13(2) read with l3(0(d) of the Prevention of Corruption Act, 1988, and attempts abelments and conspiracy in relation to or in connection with one or more of the offence mentioned above and any other offence and offences committed in the course of the same transaction or arising out of the same facts against (1) Shri S. R. Pathak, No. 1057, 26th Main, 36th Cross, 4th BT Block, Jayanagar, Bangalore (2) Sri S. G. Muralidhar, No. 448, 1st Cross, Maruthi Temple Street, Kuvempu- nagar, Mysore and any other public servants rgistcrcd with DSPE/CBI/ACB/Bangalore vide RC. 16(A)/'001-BLR.
[No. 228/46/2001 -AVD-II (iii)]
HARI SfNGH, Under Secy.
S. O. 1043.—In extJiviae of the powers con- ferred by sub-section (1) of section 5 read with section 6 of th" Djlhi Special Police Establishemnt Act, 1946 (Act No. 25 of 1946), the Central Government with the consent of the St.ito Govern- ment of Kamataka vide ntolification No. HD 82 PCR 2001, dated 21st May, 2001, hereby extends the powers and jurisdiction of the members of the Delhi Special Police Establishment to the whole of the SLafe of Kamataka for investigation of offences punisaablo under scct'ons 120B read with 378, 420 of Indian Penal Code, I860 and suction 13(2) read with I3(l)(d) of the Prevention of Corruption, Act, 1988,, and attempts, abetments and conspiracy in re!; IK n 1O or in connection w'.ih one or more of the oflbn.ee mentioned above and any other ofll-nce and offences commit- ted in the course of the same transaction or arising oal of thu same facts against (I) Shri K.. Bttiasubra- rrnnian, Chief Manager, Integral Materials Management ([MM) Hindustan Aeronautics Ltd., Bangalore, (2) Shri T. Narayana^amy, Manager (Comme cial) HAL, Bangalore (3) Shri Bala- krishna Reddy, I Ic-iJ Stoiekeuper, Hindustan Aeronautics Lid., BMIUIICTC (4) Shri If. M. Raghavendni Senior Accountant (Fin. Deptt.) HAL., Bangalore (5) Shri G cpatlakrishnan, Deputy Mana"rr (Sccuruy), Aerospace Division, HAL., Bangalore (6) Shri Alasa Ra-nci;,, Security Jamcdar, HAL., Bangalore (7) M/s Kunal fnipex, No. 13, HI Cross, Nehru Napar, Bangalore (Pvi. Frim)4110 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)l and any other public servants registered wiih DSPE/CBT/ACB/Ban^alcre vide RC. 17(A)/200J- BLR.
[No. 228/46/2001 -A VD-I1 (iv)]
HARI SINGH, Under Secy.
New Delhi, .he 2nd August, 2001 New Delhi, lit'.- 2nd August, 2001
S.O. T045.—In cxcrcTFe of Jic powers conferred by sub-seclion fl) of FL-C ion 5 read with stciion 6 of lie Delhi Special Police Establishment Ac!, 1946 (Acl No 25 of 1946), ihe Con ral Govenmipn; with ihe consent of . h; S'a.e Government of Knrnataka Vide MotificPiion No. HD 3 PCR 99(A) dated 20th April 1999, hereby extends the powers ai d jurisdiction of Die member! of the Delhi Special Police Establishment to the whole of the State of Kamaika for investigation of oflc-nces punishable under SCCLJOQ 120B ard ^20 of the Indian Penal Code. 1850 and s vtioa J3(?) r o ad with 13(1) (d) of the Prevention of Corn.ption Act. 1988 and a",cmp , ab^tme^ts am! conspiracy in relation to or imonnivtion wild one or more of the olTenccmentioned iibovc ;m
[No. 228 48/20()l-AVD'II(i)]
HARI SINGH, Under Secy.
S.O. 2044.—In exercise of ihe powers conferred by sub-section (1) of se'lioi, 5 rc-ad with section 6 of the Delhi Special Police EbUbl/hment A
[No. -"28/47/2001-AVD. II]
HART SINGH, Under Secy, 4 '41
Pvl. Lid. Bangalore represented by iis Marcpirg Dir ctor Smt. Shvairala Devi w/o Sri A, Drornhp'a Sctty.
[No. ;28/48 200I-AVD-lI(ii)]
HART SINGH, Under Secy.
New Delhi, the 2nd August 200J
New Delhi, the 2nd August, 2001
S.O. :047.—Tn exercise of the powers conferred S.O. 2046—In exercise of The powers conferred by Subjection fl) of section 5 read, with seel ion 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946), the Central Goven ment wiih the consent of the State Govcipmenl of Kjjnaiaku v'de Notification No. FD 57 PCR 99 dated 24-4-1999, hereby extends the powers and jurij-dkuVn of Hie members of the Delhi Spec'til Police LslablJ.shir.enl to the whole of the State of Karnataka for imesii- gation of. offences pun.shable under section 12GB ic;ul with 420 of the Indian Penal Code, I860 and section 13(?) read with 13(1) (cl) c f the PivMrtion ol Ccui'- ptitn Act, 1988 (Act No, 49 of 1988) aid atfemrfs, abciments and conspirac) in idaiii n io or in uvn- i ectic-n w'lli onL- o, moie of Hie of)' end, nil i.tioncd above and . ny othe: olfence and offemes commill d in the couise ot the same liansaclion or arising out of the 'an"- fails, against (I) Sri Dioi.acliala SeUy, former General Mt'iuigci (Finance), M/s Karna- taka Antibiotics & Pharmaceuticals Irtti., Raj;tji-nagar, H
by Sub-section (1) of ection 5 read with section 6 of Ihe Ddhi Special Police Establishment Act, 1946 (Act No. 25 of 1946), the Central Gc vernment wiih th'j consent of the Si.'He Government of Karnataka vide Notification No. HD 140 PCR 99 dakd 3-7-1999, hereby extends the powers and jurisdiction if the imnibers of the Delhi Specal Police Establisl,ment to the whole of the State of K.irnaiaka for investi- gation of offences punishable u n dc section 120B read with 4 0, 468, 471 a-id 477A of the Indian Puia Code, 1860 and seel ion 13(2) read with I3(l)(d) of the Prevention of Corruption Act, 1988(Act No. 49 of 198'8) and attempts, abetments ;.nd conspiracy in i-el'uion to or in conneUion with one or more of th offence mentioned above ai,d any oilier offline and offences committed h, ihe courhC of ihe same transac- tion or arising out of the Mime fncis ;ii-nins1 (1) Sri Mohammt-d Gouse, Ticket ColUc K I /i ;: ]nt4142 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PARI II—SEC. 3(ii)] p-;,e,ttly working as TTI/SQ/ASK, Mysore Divison Southern Rajlway(2J Sri Thlmmappa s/o Ramaiah, G. Koppal, Doddasathagera Post, Kadur Taluk (3) S.P. Ramcsh S/o Puttaswamy, Superintendent of Vetenary Hospital Ramanagaram, Chickmagalur District.
[No. 2:'8/48/2001-AVD-U-(iii)]
HARI SINGH, Under Secy.
New Delhi, the 2nd. August, 2001 S.O. 2048.— In xercise of the powers conferred by SUb-section (I) of section 5 read with section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946), the Central Government with the consent of the State Government of Karnataka vide Notification No. HD 161 PCR 99 dated 17-7-1999, hereby extends the powers and jurisdiction of the mem- bers of the Delhi Special Police Esiablishmtnt to the whole of the State of Kamataka for investigation of offences punishable under section 120B read with 409, 420, 465, 468, 471 and 477A of the Tndian Penal Code, 1860 and section 13(2) read with 13(l)(d) of the Prevention of Corruption Act, 1988 (Act No. 49 of 1988) and attempts, abe
[No. 228/48/2001-A VD-IJ(iv)]
HARI SINGH, Under Secy.
New Delhi, the 3rd August, 2001 S.O. 2049.—In exercise of the powers conferred by sub-section (I) of section 5 read with section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946), the Central Government with the con- sent of the SLate Government of Rajasthan Home (Group-V) Dopirtmcnt vide Notification No. F.I3 (63) Honvi-V/95 dated 22nd June, 2001, hereby ex- tends the powers and jurisdiction of the members of the Delhi Special Police Establishment io the whole cf the State of Rajasthan for investigation of offences under sections 489A, 489B, 489C of the Indian Peral Code, 1860 (Act No. 45 of 1860) of FIR No. 195/2001 regis- tered at Police Station Bagru District Jaipur Rural and attempts abetments and conspiracy in relation to or in connection with one or more of the offence mentioned above and any other offence and ollcices committed in the course of the same transaction or arising out of the same facts.
[No. 2?8/42/200I-AVD41] HARI STNGH, Undrr Secy.
4141New Delhi, the 3rd August, 2001 S O. r050.—In exercise of the powers conferred by sub-section (1) of section 5 read with section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946
[No. 228/49/2001-AVD-IIG)]
HARI SINGH, Under Secy.
New Delhi, Jhe 3rd August, 2001 S.O. 2051 In exercise of the powers conferred by sub-section (1) of section 5 read with section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946), the Central Government with the consent of the State Government of Karnataka vide Notification No. HD 167 PCR 99 dated 12-8-1999, hereby extends the powers and jurisdiction of the members of the Delhi Special Police Establishment to the whole of the Stite of Karnataka for investi- gation of offences punishable udder section 120B read with 420, 468 and 471 of the Indian Penal Code, I860 and section 13(2) read with 13(1) (d) oi1 the Pre- vention of Corruption Act, 1988 (Act No. 49 of 1988^ and attempts, abetment!) and consipiracy in relation to or in connection with one or more of the offence mentioned above and any other offence and offerrees committed in the course of the same transaction or ariiing out of thz same facts against (1) Sri G M. Maha- devappa, Par ner, M/s National Granfest Exporters, Bangalore (Pvt. person(2) Sri G. Eranna Setty, Par'.- ner M/s Natural granites Exporters Bangalore (Pvt. person) (3) Sri G. Sub ramanyam, Officer, S.M. IV (under suspension).
[No. 228/49/2001-AVD-U(")]
HARI SINGH, Under Secy.
4144 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [P\Rr II—-SEC. 3(ii)]New Delhi, t h: 3rd August, 2001 S,O. 205 \ - - In exercise of the powers conferred by sub-section (1) of section 5 read with section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946), the Central Government with the consent of the State Government of Karnataka vide Notification No HD 202 PCR 99 dated 4-9-1999, hereby extends the powers and jurisdiction of the mem- bers of the Delhi Special Police Establishment to the whole of the State of Karnataka for investigation of offences punishable under section 120R read with 167 of the Tnriian Penal Code, I860 and section 13(2) read with 13(l)(d) of the Prevention of Corruption AH, 1988 ( \ :i Na 49 of 1988) and attempts, abet- ments and conspiracy in relation to or in connection with one or rrore of the offence mentioned above and any other offence add offences. commiUed in the couisc of the same transaction or arKing out of the same facts, against (I) Sri v.P Shamsuddin, former Commissioner of Income Tax (Appcals)-If (Retd.) Income Tax Department C.R .Buildings, Queens Road. Bangalore (2) Sri L. Sohan Raj. No. 34 Mani.il Pet, Bangalore (3) Sri Nemichand, No. 34 Manul Pel, Bangalore (Pvt. person (4) Sr i Bharatrdj No. 34, Pet, Manul Binilore (Pvt. person) and (5) Sri S. Venkatcsan, C.A. No. S.S.S. Phza, 32, It Floor Kumara Krupa Road, Bmsuilnre (Pvt. person).
[No. 228/49/200l-AV!>[[(iii)]
HARI STNGH, Unclei Secy.
New Delhi, the 3rd August, 2001
S.O, 2053. -In exeicise of the poweis conferred by stib- S'.-ction (1) of section 5 read with section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946), (he Central Government with the consent of the State Government of Karnataka vide Notification No, HI) 202 PCR 99 doted 7-9-1999, hereby extends the powers and jur^did on of Ihc members of the Delhi Special Police bstablisbnicnl to the whole of the State of Karnataka for investigation of oflenees punishable under section 120B read with 167 of the Indian Penal Code, 1860 and section 13(2) read with i.MKd) of the Pievention of Corruption Act, 1988 (Act No. 49 of 1988.^ and attempts, abetments and conspiracy in lelalion to ( r in connection with one or more of the offence mentioned above and any other oltencc and offences committed in the course of the same transaction or arising out of the same facts, against (1) Sri V. P. Shamsuddin, Former Com- missioner of Income-tax, Bangalore (2) Sri Jose Alexander, Indirnnagr'r, Bangalore (Pvt. person) (3) Sri Tohnson Alexander, lnrliran.icar, liaiij-alore (Pvt. person) (4) Sri S. Venkatesaa, Knmaraki upi Road, HaneaJore (Pvt. person) (5) Sri K. R Pradeep, Tdenpink Vittal Mallya Road, Bangalore (P"t p:rson)
[No. 228/49/2001-AVD-TIdVl
HARI SINGH, Under Sccv4145 New Delhi, the 3rd August, 2001 New Delhi the 3rd August, 2001
S.O, 2055,—In cxeicise of the powers conferred by sub- section (I) of section 5 redd with section 6 of the Delhi Special Police 1-stablishment Acl, 1946 (Act No 25 of I"46), the Central Government wilh the consent ol the Stale Government of Karnataku VK!.' Notification No, Jin 224 PCR <•)•) dated 12-1(>-19'J9, hereby extends the powers and juiisd'c ion ol thr* members of the Delhi Special Police r^nblishrncnt In the whole of the State of Karnataka for inveitipiilion o[. offences pumsl-^ble undei section 13(2) read wilh '3(1 Me) oi the Prevention of Couuplion Act, 1983 (Acf No. 4^ ,,f iQRjn and section 409 of the Indian Penal Tode, I860, nriti attimpts, abetments and conspiracy in re- lation to or in connection with one or more of the offence mentioned above and any othei offence and offences commit- ted in the ciHii'-,e of the s.-rnc transaction or arising out of the same fads, against Sri V Pcddanna S/o Y Gansanna, Tunior Clt-iir. Offict- of the Senior Medical Superintendent, Railway Hospital, Hubli.
(No. 228/49/2001-AVD-TI(vi)1 IIARI SINGH, Under Secy.
S.O. 2054—Tn exercise of the powers conferred by sub- si-cMoii (I) of notion 5 read with section 6 of the Delhi SpLcial Police Establishment Acl, 19-16 (Act Nil 25 OL 19461, the Central Government with the consent of 'he St ite Government of Karnatakj vide Notification No HD 203 PCR 99 dated 4-9-1999, hereby extends the powers and nil Kd cticn of the members of the Delhi Special Poliro Establishment to the whole of the State of Karnataku fin investigation of offencrs punishable under section 468, 471 and 420 read with 511 of the Indian Penal Code, I860 and section 13(2) lead with 13(l)(d) of the Prevention of Conun- lion Act, 1988 (Act No. 49 of 1QRS) and attempts, ahetments and conspiracy in relation to or in connection with one or more of the offence mentioned above and any other offence and offences committed in the couise of the spmc transaction or nn\ing oi.il of tlu same facts against Sri M. Shantha Kumar S'o MiwKwnmy. Junior Office Assistant, Coimbatoie Ail Po-f 'lani'I Nadu.
I No. 228^19/2001-A VD-TT(V>1
HARI SINGH, Under Secy.
New Delhi, the 6th August 2001
S.O. 2056.—In exercise of the powers conferred by sub-section (1) of section 5 rood with section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946), thy Central Government with the con- sent of the State Government of Karnataka vide Notification No. HD|48 PCR 2001, dated 26th March 2001, hereby extends the powers41'*S THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART TT—SEC. 3(ii)] MINISTRY OF FINANCE
(Department of Revenue)
ChNTRAL BOARD OF DIRECT TAXFS
New Delhi, the 23rd July, 2001 and' jurisdiction of the members of the Delhi Special Police Establishment to the who.le of the State of Karnataka for investigation of offences punishable under section 7 of the Pre- vention of Corruption Act, 1988, and attem- pts, abetments and conspiracy in relation thereto and anv other offence and offences committed hr the course of the same tran- saGticwi or arising out of the same facts against Shri A. K. Jain, Garrison Engineer. Air Force, Bidar and any other public ser- vant's- or persons, regis-tered with DSPE CRT'ACB [Bangalore vide RC. 10(1)'200J- BLR.
(No. 228|44|2001-AVT)-n] HART SINGH, Under Secy.
S.O. 2057—It is r.otificd tor general information that enterprise/industrial undertaking, listed at para (3) below has been approved hy the Central Government for the purpose oi section 10(230) of the Income-tax Ael, 1961, read with rule 2E of Ihe Income-tax Rules, 1962, for the assessment years 20( I -2002, 2002-2003 and 2003-2004.
2 The approval is subject to the condition that—
fi) 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 [ncome-tdx Rules, 1962;
(ii) the Central Government shall withdraw this approval
if the enterprise/industrial undertaking :—
(a) ceases to carry on infrastructure facility; or
(b) fails to maintain books of account and jiet such accounts audited by an accountant as lequired fcy sub-rule (7) of I ulc 2H of the Income-tax Rules, 1962; or
(c) fails to furnish the audit report as required by sub-rule (7) of rule 2E of the Income-fa* Rules, 1962,
3. The entcrpj ise/industrial undertaking approved is—
250 MW Licnite Based Power project at Ncvvrli. Tamil Nadu by ST-CMS Electric Company Pvt. Ltd.. Uthangal VilJaffe, U Mangalam Village, Via Virudnchainm TnluK Cuddalore District-607804 (F. No. 2O5[3R|2OO1-ITA-I1)
^Notification No. 216|2001|F No 2O5|38|2OOMTA-H1
PANKAI KUMAR, Under Secy.
4147ORDER
New Delhi, the 31st July, 2001
STAMPS
S.O. 2058.—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), ihe Central Government hereby permits Punjab and Sind Bank, New Delhi to pay consolidated stamp duty of rupees sixty lakh only on bonds described as 11.6 per cent Unsecured Subordinated Redeemable Bonds (Series-Ill) of rupees one lakh each in the nature of promissory notes aggregating to rupees sixty crore only allotted on 09-02-2001 by the said Bank.
(No. 3012001-STAMPS|F. No. 33|41
2001-STJ R. G. CHHABRA, Under Secy.
OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE & CUSTOMS Nagpur, the 1-st August, 2001
No. 2|2001
S.O. 2059.—Shri B.RS. Rao, Deputy Commissioner, Group 'A' Central Excise & Customs, Nagpur Commissioncrate, having attained the age of superannuation, retired from Government Service in the afternoon of 31-7-2001.
{C. No. 11(7)4197.Et.I|18480J RA7IVA KUMAR, Add. Commissioner (P&V) (Department of Economic Affairs)
(Banking Division,)
New Delhi, the 31st July, 2001
S.O. 2060.—In exercise of the powers conferred by clause (h) of sub-section (1) and sub-section (2) of Section 6 at the Industrial Development Bank, of India Act, 1964 (18 of 1964), the Cent raj Government, on the recommendation of Board of Directors of Industrial Development Bank of India hereby appoints Shri S. K. Kapur, presently Executive Direc- tor. Industrial Development Bank of India HK a whole time director (designated as Deputy Managing Director) Industrial Development Bank of India, for the period from the date of his taking charge and upto 31st October, 200-1.
IF. No. 7/-*0/200O,B,Q, V(ii)l RAMESH CHAND, Under Secy.
New Delhi, the 2nd August, 2001 S.O. 2061.-—In exercise of he powers conferred by clause (e) of Sub-section 3 of Section 9 of the Banking Companies (Acquisi- tion and Transfer of Undertakings) Act, 1970 read with Sub-clause (2) of Clause 9 of the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970, the Central Government hereby nominates4148 THE GAZETTE OF INDTA : AUGUST 18, 2001/SRAVANA 27, 1923 [PAET II—SEC. 3(ii)] Shri Rameshchandra Trivcdi, Special Assis- tant, Bank of Baroda, Y-Block, Kidwai Na^ir, Kanpur City (UP) as a Director on the Board of Directors of Bank of Baroda with effect from 2-8-2001 to 31-12-2003 i.e. the date on which he retires from the services of the bank or until he ceases to be an employee of Bark of Baroda, whichever is earlier.
{F. No. 15|l!2001-fR]
G. R. SUMMAN, Dy. Secy.
New Delhi, the 6th August, 2001
S.O. 2062.—In pursuance of clause (ca) of Sub-section (1) of Section 25 read with Sub-section (2A) of Section 26 of the State Bank of Tndia (Subsidiary Banks) Act, 1959 (38 of 1959), the Central Government here- by appoints Shri C. Gopinath Nair, Special Assistant, State Bank of Travancore, Head Office, Thiruvananthapuram as a director on the Board of Director of Stale Bank of Tra- vancore for a period of fhrcc years with effect from 6th August, 2001 to 5th August, 2004 and thereafter until his successor is ap- pointed or three years more whichever is earlier, or till he ceases to be a workman em- ployee of Slate Bank of Travancore, which- ever event occurs the earliest.
[F. No. 151S12000 [R]
G. R. SUMMAN, Dy. Secy.
4119 41150 THE GAZETTE OF INDIA ; AUGUST 18, 2001/SRAVANA 27, 1923 [PART I I —S E C. 3(ii)lto as coulmn (3)], the following shall be inserted, namely :
(3)
(2)
M. D. (Rivdiolojy)
"Doctor of Medicine (Radiology)
Doctor of Medicine (Radio-Diagnosis)
M. D. (Radio-Diag.) (These qualifieruc rs shall be recognised medical qualification1* when granted in or after 1971),
D.M.R.D.
Diploma in. Medical Radio Diagnosis
(This qualification shall be a recognised medical qualification when granted in or after 1967).
Doctor of Medicine (Radio-Therapy)
M. D. (Radio-Therapy) (This qualification shall be a recognised medical qualification when granted in or after 1972).
Diploma in Medical (Rodio Therapy)
D.M.R.T. (This qualification shall be a recognised medical qualification when grunted in or after March, 1967),";
MINISTRY OF HEALTH & FAMTLY WELFARE
(Department of Heeilh)
(b) against the Kuvempu University, Karna- taka, in column (2), after the entry "Doctor of Medicine (Pathology)" and the entiy relating thereto in column (3), the following shall hi New Delhi, the 2nd August, 2001
inserted, namely : —
(3)
(2)
"Doctor of Medicine (Microbiology)
S. O. 2063 .—In exercise of the powers conferred by subjection (2) of :he section II of the Indian Medical Council Aci, 1956 (102 of 1956), the Central Government, after consultation with the Medical Council of India, hereby makes the following further amendments in the First Schedule Lo tl.e said Act, nrmely :—
In the said First Schedule :- -
M.D. (Microbiology) (This qualification shall bs a recognised medical qualification when granted in or after January, 1992)";
(a) against the Bangalore Univeisity under the heading "Recognised Medical Qualification" [hereinafter referred to as column (2)]. after
(c) against the Rajiv Gandhi University of Health Science0, Karmitaka, in column (2), afte I the entry • Mas'cr of Surgery (Anatomy)" and4151 the ( ntry - r k v rg Ilien.-to in crlumn (3). I he following sh^ll b""1 inserted pvmr-ly :- - (2)
(3)
D.P.M.
"Diploma in Psychologi- cal Medicine
Dip. in Avi. Med.
Diploma in Aviation Medicine
D.O.
Diploma in Ophthalmo- logy
D.O.M.S.
Diploma in Ophthalmic Medicine & Surgery
D F.M.
Diploma in Forersic Medicine
D i p. iii Bfc<.
Diploma in Bpcterirlopy
Diploma in Dermatoloey D.D
DM.R.D.
Diploma '"n Medical Radio Diaeresis
Diploma in Public Hcaltr i D P P.
D.T.C.D.
Diploma in Tuberculous and Chest Disef"=es
D.V.D.
D.M.R.T.
(2)
(3)
MD (Obst. & Gynae.)
MS (Orthopaedics)
MD (Crmm. Med.) Doctor of Mrtiicirc (Ob
MD (Pharmacology)
MD (Microb'ology)
MD (Pathology)
MD (Paediatires) (Phannncology) Doctor of Medicine (Microbiology) Doctor of Medicine (Pathology) Doctor of Medicine (Paediatrics)
MD (Radio-Diag.)
MD (Skin, STD& Lep.)
MD(Derm. & Vcn.)
MD(Skin & VD)
MD (Radio-therapy)
(MD Radiology)
MD (Psychiatry) MD (GCT. Med.)4152 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)] 41& J435 GT'2001—34j'54 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PAUT II—SEC. -3(ii)] 4155 4156 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PA*T fl—SEC. 3(k)] 4"7
New Delhi, the 3rd August 2001
S.O. 2064.—In exercise of the powers conferred by sub-section (2) of the section 11 of the Indian Medjct I Council Act, 1956 (102 of 1956) the Central Government, after consulting the Medical Council of India heielv makes the following farther amendments in the First Scheditftt to the saftj Act, namely:—
In the First Schedule to the sajd Act, -
(a) against the "Annamalai University", under the headiag 'Recognised Medical Qualification' [hereinafter referred to in column' U)] after the entry 'Bach.-lor of Medicine and bachelor of Surgery' and the entry relating4158 THE GAZkTTfe OF INDIA : AUGUST 18, 2Q01/SRAVANA 27, 1923 [PART It—Sjjc. 3{iiO] thereto under-the heading 'Abbreviation for Registration' [hereinafter referred to in column (3)], the following shall be inserted, namely:—
(2)
(3)
"Master of Surgery (EN.T.) Master of Surgery (Ophthalmology) Doctor of Mcdicin<;(Obs\ & Gynac) Doctor of Medicine (Anaesthesia)
Doctor of Medicine (General Medicine) Doctor of Medicine (Pathology) Doctor of Medicine (Community Medicine) Doctor of Medicine (Paediatrics) Master of Surgery (General Surgery)
M.S. ( E N . X) M.S. (Ophthalmology) M.D. (Obst & Gynae) M.D. (Anaesthesia) (The above qualifications shall be recognised medical qualification11 when granted on or after July, 2000, in respect of Rajah Muthiah Medical College, Annamalainagar); M.D. (Genl Mcd) M.D. (Pathology) M.D, (Community Medicine) M.D. (Paediatrics) M.S. (Genl. Surg.) (The above qualifications shall be recognised medical qualifications when granted on or after August, 2000, in respect of Rajah Muthiah Medical College, Annamalainagar);
Doctor of Medicine (Biochemistry)
M.D. (Biochemistry) (This qualification shall be a recognised medical qualification wheh granted on or after October, 2000, in respect of Rajah Muthiah Medical College. AnnamalainaearV:
(b) against the "M.S. University of Baroda" , in column (2) after the entry 'Diploma in Public Health' and the entry relating thereto in column (3), the following shall be inserted, namely:—
(2)
• (3)
"Doctor of Medicine (Psychiatry)
M.D. (Psychiatry) (This qualification shall be a recognised medical qualification when granted on or after 1981, in respect of Medical College, Baroda)":
(c) under the heading "University or Modical Institution" [hereinafter refemd to in column (1)] after "B.N Chakravarty University, Kurukshetra" and the entries relating thereto in columns (2) and (3), the following shall be respectively inserted, namely:—
(3)
(2)
(1)
M.B.B.S.
"B.N. Mandal University, Bihar Bachelor of Medicine and Bachelor of Surgery
(This qualification shall be a recognised medical qualification when granted in or after March, 2001 in respect of Katihar Medical College, Katihar)";
(d) after "Chaudhary Charan Singh University" and the entries relating thereto in columns (2) and (3), the following shall be inserted, namely:—
(2)
(3) (1)
M.B.B.S.
"Chhatrapati Shahu Ji Maharaj University, Kanpur
D A. D.O.M.S. D.M.R.E.
Bachelor of Medicine and Bachelor of Surgery Diploma in Anaesthesiology Diploma in Ophthalmic Medicine Surgery Diploma in Medical Radiology
and Electrology
D. Ortho, D.G.O. D.C.H. D.T.C.D.
Diploma in Orthopaedics Diploma in Gynaecology and Obstetrics Qiploma in Child Health Diploma in Tuberculosis and Chest Disoases 415?
(2)
0)
0)
Diploma in Laryngology and Otology Diploma in Clinical Pathology Doctor of Medicine (Radiotheiapy) Magjstiai Chirurgiae
D.L.O D.C.P. M.D. (Radio-therapy) M.Ch. (CV.T.S.)
(Cardio-Vascular and Thoracic Suigeiy)
Doctor of Medioine (Medicine) Master of Surgeiy (Orthopaedics) Doctor of Medicine (Pathology) Master of Surgery (Ophthalmology) Doctor of Medicine (Physiology) Master of Surgery (E.N.T.) Master of Surgery
M.D. (Med.) M S. (Ortho.) M D. (Path.) M.D. (Ophth.) M.D. (Physio.) M.S. (E.N.T.) M.S. (Obst. & Gynac)
(Obstetrics and Gyanecology)
M.S. (Surg.) M.D. (Radiology) M.S. (Anat.) M.D. (Pharma.)
Master of Surgery (Surgery) Doctor of Medicine (Radiology) Master of Surgery (Anatomy) Doctor of Modicine (Pharmacology)
Doctor of Medicine (Anaesthes-'ojogy) Doctor of Medicine (Paediatrics) Doctor of Medicine (Social and
M.D (Anaes ) M.D (Paed) M.D. (Soc. & Prcv Med.)
Preventive Medicine)
Doctor oi Medicine Tuberculosis and Chest D'scases)
Doctor of Modic'ne (Caidiology)
M.D. (Tuberculosis & Chest Diseases) D.M. (G-rJclcgy) (The above Qualifications shall be recognised medical qualifi- cations when granted on or after 25th July, 1997)", (e) against the "Manipnl Academy of Hjgher Education", in column (2), after the entry 'Doctor of Medicine (Commur'ty Medicine)' and the entry relating thereto in column (3), the following shall be inseiled, namely -
(3)
(2)
(Paediatric Surgery)
"Magistrar of Chrrurgue
M.Ch, (Paediatric Surgery) (This qualification shall be a recognised medical qualification when granted on or after March, 1997 in respect of Kastuiba Medical College, Manipal)" ;
(f) after "Magadh University' and the entries relating thereto in columns (2) and (3), the following shall be inserted, namely: —
(3) (1)
(•2)
"Mumbai University
Bachelor of Medicine and Bnchelor of Surgery M.B.B S. Diploma in Anaesthesia
DA
Diploma in Ophthalmology Diploma in Medical Radio Diagnos s Diploma in Radiation Medicine Diploma in Medical Radio Therapy Doctor of Medicine Doctor of Medicine (General Medicine) Master of Surgery Master of Surgery (General Surgery) Doctor of Medicine (Tuberculosis) Master of Science (Pathology) Doctor of Medicine (Midwifery)
D.O. D.M.R.D D.R.M. D.M.R.T M.D. M.D (General M d.) M.S. M.S. (Gen. Surg.) M.D. (Tuberculosis) M.Sc. (Path.) M.D. (Mid.)4M0" THE GAZETTE 6F BS?$JA : WQffl* *** 20&MWAVANA 57, 1*23 [PAR".*MJ";. J#AJ (1)
Master of Surgery (Oto-Rhino-Laryngqlogy) M.S. (Oto-Rhino Laryngology)
M.S. (Ophthalmology) M.D. (Paediatrics) M.D. (Pathology) M.S. (Ortho.)
M.D. (Pharmacology)
M.D. (Neurology) M.S. (Paed. Surg.) M.D. (Microbiology) M.D. (Anaes.) M.D. (Soc. & Prev. Med.) Master of Surgery (Ophi^lmolqgy) Doctor of Medjcjpe (Paediatrics) Doctor of Medicine (jPathplogy) Master of Surgery (Orthopaedic^) Doctor of Medicine (Pharmacology) Doctor of Medicjrje (Neurology) Master of Surgery (Paediatrjc Surgery) Doctor of Medicine (Microbiology) Doctor of Medicine (Anapsthpsjo,logy) Doctor of Medipjne (Social and Preventive Me^icjnc) Master of Surgery (Anatomy) Master of S,w?gery (Pla&tic Surgpry) Master of Surgery (Plastic Surgery) Master of Surgery (Thoracic Surgery) Master of Surgery (Thoracic Surgery) Doctor pf Medicine (Neurology) Master of Surgery
M.S. (Anat.) M.S. (PI. Surg.) M.Ch.(Pl. Surg.) M.S. (Thoracic Surg.) M.Ch. (Thoracic Surg.) M.M. (Neurology) M.Ch. (Pacd. Surg.)
M.D. (Path. & Bact.)
M.Ch. (Neuro-Surgery) M.D. (Radiotherapy) D.M. (Cardiology) M.D. (Obst. & Gynae.) (Paediatrjc Surgery) Doctor of Medicine (Pathplog v and Bacteriology) Master of Sujgery (Neuro-Surgery) Doctor of Medicine (Radiotherapy) Doctor of Medicine (Cardiology) Doctor of Medicine (Obsterics and Gynaecology)
(The above qualification shall be recognised medical qualifications when granted on or after 4#i September, 1996)";
(g) against the "Sambalpur University" in column (2), after the entry 'Doctor of Medicine (T.B. S$ Cfvwt Diseases)' and the entry relating thereto in column (3), the following shall be inserted, namely: —
(2)
(3)
" D r a or of Medicine (Radio-Djagnosis) M.D. (Ra,dio-D^ag.)
(This qualification shall be a recognised medical qualification when granted in or after 1978, in respect of V.S.S. Medical College, Burla).";
(h) after "Shivaji University" and the entries relating thereto in columns (2) and (3) the following shall" be inserted, namely:—
(3)
(2)
(1)
M.B.B.S.
"Shri Shahuji Maharaj University, K anpur
D.A. D.O.M.S. D.M.R.E.
D.Othrho. D.G.O.
Bachelor of Medicine and Bachelor of Surgery Diploma in Anaesthesiology Diploma in Ophthalmic Medicine, Surgery Diplomti ii> Medical Radjojqgy and Electrojogy Diploma in Ontb^p^cdics Diploma in QyflMcolpgy and Obsterics4161 1 2 3 D.C.H. D.T.C.D.
D.L.O. D.C.P.
M.D. (Radio-therapy) M.Ch. (CVTS)
M.D. (Med.) M.S. (Ortho.) M.D. (Path.) M.D. (Ophth.) M.D. (Physio.) M.S. (E.N.T.)
M.S. (Obst. & Oynae.)
M.S. (Surg.) M.D. (Radiology) M.S. (Anat.) M.D. (Pharma.)
M.D. (Anaes.) M.D. (Paed.) M.D. (Soc. A Prcv. Med.)
Diploma in Child Health Diploma in Tuberculosis and Chest Diseases Diploma in Laryngology and Octology Diploma in Clinical Pathology Doctor of Medicine (Radio-therapy) Magistrar Chirurgiae (Cardio-Vascular and Thoracic Surgery) Doctor of Medicine (Medicine) Master of Surgery (Orthopaedics) Doctor of Medicine (Pathology) Master of Surgery (Ophthalmology) Doctor of Medicine (Physiology) Master of Surgery (E.N.T.) Master of Surgery (Obstetrics and Gynaecology) Master of Surgery (Surgery) Doctor of Medicine (Radiology) Master of Surgery (Anatomy) Doctor of Medicine (Pharmacology) Doctor of Medicine (Anaesthesiology) Doctor of Medicine (Paediatrics) Doctor of Medicine (Social and Preventive Medicine) Doctor of Medicine (Tuberculosis and Chest Diseases) Doctor of Medicine (Cardiology)
M.D. (Tuberculosis & Chest Diseases) D.M. (Cardiology) (The above qualifications shall be recognised medical quali- fications when granted from 24th September, 1995 to 24th July, 1997)"';
(i) against the "Sri Ramachandra Medical College and Research Institute, Chcnnai", in column (2) , after the entry 'Diploma in Oto-Rhinolaringology' and the entry relating thereto in column (3), the following shall bo inserted, namely:—
(2)
13)
M.D. (Radio-Diag.) M.S. (Optholmology)
"Doctor of Medicine (Radio-Diagnosis) Master of Surgery (Opthalmology)
M.S. (E.N.T.)
Master of Surgery (E.N.T.)
(The above qualifications shall be recognised medical qualifications when gian^d on or after June, 2000, in respect of Sri Ramachandra Medical College and Research Institute, Chennai.)
D.M. (Cardiology)
Doctor of Medicine (Cardiology)
(This qualification shall be a recognised medical qualification When granted on or after July, 2000, in respect of Sri Ramachandra Medical College and Research Institute, Chennai.)";
2435 GI/2001—44162 . 1HE GAZETTE OF INDIA: AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)] (j) after "Sri Ramachancra Meriicsl College and Research Inz&ntr," 2nd the ii'trifj H a l ^s thr^'r JT> columns (2) and (3), the following shall be inserted, namely:—
(2)
(3)
(1)
M.B.B.S.
"Tilkamanjhi Bhagalpur University
Bachelor of Medicine and Bachelor of Surgery
(This qualification shall be a recognised medical qualification when granted on or after 3rd August, 1992, in respect of J.N. Medical College, Bhagalpur)"'.
INo. V.I 1015/5/20OJ-ME (Policy-I)]
P.G. KALADHARAN, Under Secy.
MINISTRY OF INFORMATION AND BROADCASTING
New Delhi, the 2nd August, 2001
S.O. 2065.—In pursuance of Sub Rule (A) of Rule 10 of
the Ofllcinl Language (use for official purpose of the Union)
Rule, 1976, the Centra] Government hereby notify the follow-
ing Subordinate Offices of the D O: Doorddrshan (Ministry
oi Information and Broadcasting), the "taff whereof more
than 80 per cent have acquired the T/orkinj knowledge of
Hindi :—
1. Doordarshan Maintenance Centie. Sngan^nngar,
Rajaithan.
2 Doordarshan Maintenance Centre, JhunM
?. Doordarshan Maintenance Centre, Dariiling.
[No. E-11011/l '93-Hindil
S. S. KATARIA, Director (01 )4163
MINISTRY O^ COAL
New Delhi, the 7th August, 2001
S O 2066 -Whereas it appear* to the Cential Government that coal is likely to be obtained from the lands mentioned in the Schedule hereto annexed,
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 4 cf the Coal Bearing Areas (\cquisltion and Development) Act, J957 (20 of 1957) (hereinafter referred to as the said Act) the Central Govern- ment hereby gives notice of its intention to prospect for coal therein.
The plan bearing number SLCL/BSP/GM(PLG)/LAND/25O, dated the 25th May, 2001 of the area covered by this notification can be inspected in the Office of tho Collector, Surguja (Chhattisgarh) or in the Office of the Coal Controller, 1, Counu] Houie Street, Caloulta-700 001 oi in the Office of the South Eastern Coalfields Limited (Revenue Soction), Secpat Road, Bilaspui -495006 (Chhattisgarh)
All persons interested in the land covered b\ this notification shall deliver all maps, charts and other docu- ments referred to in sub-section (7) of section 13 of tho said Act to the Officor-m-Chaigc Head of the Department (Revenue), South Eastern Coalfields Limned, Scepat Road. Bilaspur-495006 (Chhattisgsrh), within ninety days from the date of publication of this notification in the Official Gazette.
4164 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SIC. 3(ii)]SCHEDULE : AMBA PROJECT
BHATGAON AREA
DISTRICT — SURGUJA (CHHATTISGARH)
Plan No. SECL/BSP/GM(Plg)/Land/250
Dated 25th May, 2001 (showing the land for prospecting)
(A) REVENUE LAND
Name of Village Village number
Tahsil District
Aiea in hectares Remarks Serial numtx or
^mbikapur (\mbikapui Kuihari Kisunpur
82 / 68
1. 2
Surguja Surguja
220.800 90.500
Part Part Mendara-Khurd 414
Ambikapur 3
Surguja
30.000
Part
TOTAL 341.300" hectares" (B) FOREST LAND
Namo of forest
Division Area in hectares
Remarks
Serial Numbci r
Reserved forest
South Surguja 1
214.500
Part
Total : 214.500 hectares
GRAND TOTAL (A+B) 555.800 Hectares (approximately) OR
1373.38 Acres (approximately)
Boundary Description
A-B
Line start from point 'A* in reserved forest and passes through reserved foreit, Kulhari village, then again through reserved forest and meets at point 'B'. Line passes through reserved forest, Kulhari village and Kisunpur village and meets at point 'D*.
Line passes through villages Kisunpur, Mendara Khurd then through reserved forest and meets at B-C-D D-A
the starting point 'A'.
fNo. 43015/10/2001/PRIW]
SANJAY BAHADUR, Dy. Secy.
4165 4166 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)] 4167MINISTRY OF P E T R O L ED AND NATURAL C*AS
Now Delhi, the 3rd August, 200].
S.O. 2067. —Whereas it appears to the Central Government that it is necessary in the public interest that for. the transport of Natural Gm from SFCL to Soundaraja Cotton Mills gas pipeline project in the State of Pondicherry a pipeline should be laid b> the Gas Authority of India Limited;
And whereas, it n.ppc rs to the Central Government that for the purpose of laying the said pipeline it is ne- cossary to acquire the right of user in the land under which the iaid pipeline is proposed to be laid and which is des- cribed in the Schedule annexed to this notification;
Now, thercforr, m exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and M i- nerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby de- clares its intention to acquire the right of usor therein.
Any person, interest in the laud described in the said Schedule may, within twenty one days from the date on which the copies of this notification as published in the Gazott-: of India arc made available to the general public, object in wr'tuig to the acquisition of right of user therein or laying of the pipeline under the land to the Competent Authority Gas Authority of fndia-Limited 1^42, Ncola South Street. Nagapatiinain. Tamilnadu
SCHEDULE
District
fehsil
Town/Villa po
Aroa to be acquired
for Rou in Hcct.
Survc\ & Sub Div. No.
J
1
2
4
5 Karaika]
Pondicherry
17T Thennankud\
152/2 152'3 153/3 154/2
0.01.5 GP 0.30.0 0.04.5 0.02.0 GP.
0 . 3 8 A)
TOTAL
4. Devama Puram
152/2
0.02.0 0 15.0 0.09.0 0 16 5 0.03.0 GP 0.01.5 9.28.5 0.01.0 G. 0 00.5 GMP 0 n| o G.P 0.01.0 GP 0.11.5 0.31 0 0 07 0 0.0] .0 G.P 0 01.0 G.P 0.04.0 G.P 0.01.0 G.P
0.17.0
152/3A 152/3B 152/3C 153/1 153/2 153/3 153/5 167/1 169/1 154/1 154/2 I55/2C 93/3 93/4 92/1 92'2 92/4 90/3 89/1 89,6 R8/1 81/1 81/2
82/1 82/2 76/6 76'7 76/4 76/9 76/10 75 52
0.04.0 GP 0.15.0 0 0J .0 G.P. 0.00.5 G.P 0.02.0 0.01.5 GP 0.21.0 0.03.0 0.03.0 0.07.0 0.01.5G.P 0.10.5 0.04.0 G.P 0.00.5 G.PA16S T HE GAZETTE OF INDIA : AUGUST 18. 2001 /SRAVANA 11, 1923 FPAMT TT_ftnr ACiiM 1 5 3 4 Pondichorry Karaika! 0.01.0 G.P.
4. Devama Puram
'50/1 50/2 49/9 49/10 49/11 49/13 51/1 51/2
0.05.5 0.00.5 0.00.5 0.01.0 0.18.0 0.01.5 G.P 0.03.5
2~60.~5
TOTAL"
16. Sorakudy
18/4 D 18/5 19/1 19/2 19/3 19/4
19/5 20/1 20/3 A 16/5 16/7 16/8 16/9 16/11 15/1 3/1 3/2 3/3 3/4 3/6 4/1
0.02.5 0.01.0 0.06.0 0.00.5 0.00.5 0.10.0 0.01.0 0.06.0 0.01.5 0.01.0 0.01.5 0.08.0 0.04.5 0.01.5 G.P. 0.00.5 0.14.0 0.09.0 0.00.5 G.P. 0.01.0 0.02.0 G.P 0.05.0
TOTAL' 0.80.5
5. Nedunkadu
I38/2~ 138/3 142/1 142/2 141/1A 141/1B 141/2 141/3 141/4 140/3 140/4 140/5 140/6 140/7 140/8 139/3 139/4 151/3 152/1 152/: 291/1 291/2 291/3 291/5
0.00.5 ~~ 0.05.0 G.P. 0.01.5 0.07.5 0.02.5 0.01 0 0.03.5 0.05.0 0.05.0 0.01.5 0 07.5 0.04.0 0.04.5 0.03.0 0.00.5 0.01.0 0.09.5 0.01.5 G.P. 0.06.0GP 0.05.0 0.03.0 0.0570 0.01.0 0.04.5
0.89.0
TOTAL
[No. L-14014/18/101-G.P ] SWAMI SINGH, Director4169 . M << ( TI ; O OI 4170 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA 27,1923 [PART II—Sfcc. 3 (ii)]
4J71
4172 THE GAZETTE OF INDIA AUGUST 1X.2(X)I SRAVANA27,1923 |PAKI II— S i r. 3 (u)| 4173 4174 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA27,1923 [PART II—SEC, 3 (ii)] 4175 "76 THE GAZETTE OF INDIA AUGUST 18,2001SRAVANA 27,1923 [PAIU II— Stc 3 (n)j 41712415 GI 2001 64I7S Tl IF, GAZETTE OF INDIA AUGUST 18. 2 4179 4180 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA27,1923 [PART H—SEC. 3 (il)] 4181 4182 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA 27,1923 [PART II—SEC. 3 (ii)] 4183 41S4 THE GAZETTE OF INDIA' AUGUST IK, 2(X)1 SRAVANA27,1921 [PARTH—Stc 3 (ii)| 4185 241"i C.I/2001—74186 THE GAZETTE OF INDIA: AUGUST 18,2001SRAVANA27,1923 [PART II—SEC 3(ii)) 4187 4188 THE G AZETTE OF INDIA: AUGUST 18,2001SRAVANA 27,1923 [PART II—SEC. 3 (ii)] 4189
New Delhi, the 9th August, 2001
s. o. 2068.— Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of Crude Oil from Virumgani in the State of Gujarat to Panipat in the State of Haryana via Chaksu in the State of Rajasthan, a pipeline should be laid by the Indian Oil Corporation Limited for implementing the " Augmentation of Viramgam- Chaksu, Chaksu-Panipat and Chaksu-Mathura sections of Salaya-Mathura Pipeline System":
And whereas, it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the right of user in the land under which the said pipeline is proposed to be laid, and which is described in the Schedule annexed to this notification;
Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;
Any person, interested in the land described in the said Schedule may, within twenty one days from the date on which the copies of this notification, as published in the Gazette of India, are made available to the general public, object in writing to the acquisition of right of user therein or laying of the pipeline under the land "to Shri. J.K. Ahuja, Competent Authority, Salaya- Mathura Pipeline (Augumentation) Project, Indian Oil Corporation Ltd, Kothi No. 1439, Sector-15, Urban Estate, Sonepat (Haryana) - 131001.
Schedule Annexed41
Schedule
na
Jhajjar
Dist:Jtiajjar State: Haryw
Tehsll:
Khasra/
Hadbast
Mustatil
Area
M A I MA A| V/1i|s/*io
Killa No.
4
No. 3
13
29
No. 2 247
1 Koka
18 Hectare £
0
Are 6 03
0
06
Sq.Mtr. 7 29 83 0
02
28 0
03
54
51 0
00
22
23/1
23/2
31
2
9
12
19
21
22
1
43
2
10 11 20 21
45
5/2
6( 15
16 25
46
83 0
06
0
83 0
58 0
83
04 0
0
79
08 06 06 03 03
0
58 0
00
83 83 58 "3 0 0 0 0
06 00 06 06 06 06
0
0
0
0
02 06 06 06
53 83 58 83 0
06
58 0
04
1/1/1
10
56
5
307
246
24
Ahri
0
00
30 00 0
03
79 0
00
25 0
0
03 05
10/2
11/1
25
15
7/1
42
14
17
79 06 0
26
01
0
27 0
02 06
58
06
0
03
0
83 04 0
03
0
00
79 25
23
24/1
24/2
41911 4 | 3
1 1 1 2 I1 3 556 0 0 7 29 08 26 0 77 [ 6 | 03 07 01 01 0 0
54
03
52
01
0
53
02
0
76
0
0
0
30 53
8 12/2/2/2 13/1 13/2 19/1/2 19/2/2 19/3 22/1 22/2
00 04 02
00
00
0
69
30
0
04
25/1
25/2
0
26
01
2/1
70
2/2
05
01
0 0
9/1
82 26 76
00
0
0
77
01
9/2
10/1
10/2
0
04
03
0
07
08
0
01
01
0
82
11
20/1
20/2
0
S3
OS 02
21
5/1
77
73
0 0
5/2
01 05
31
6/1
01
01
0 0
05
0
01
0
01
82 77 26
0
03
0
00
0
07
79 00 08
0
6/2
14/2
15/1
15/2
16/1
17
24/1
07
08
3/3
0
01
01
84
4/1
0
03
29
0
01
01
0
06
83
0
4/2 8 13
03
54
0
02
0
01
0 0
101 176/1 177 722 731/1
0
01 00 00
53 77 77 51 514192 THE GAZETTE OF INDIA: AUGUST 18,2001SRAVANA27,1923 [PART II—SEC. 3 (ii)l 7 I 54
I i 5
I 4 | 22
I 6 | 03
6 0
2 241
1 1 I
Asadpur Khera
92 9/2 11 12 19 20 21
0 0 0 0 0 0 0
06 06 01 05 00 06 06
83 83 52 31 25 58 83
20
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10
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11/2
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30 53 58 29 26 58 30
04 02 06 03 01 06 04
0 0 0 0 0 0 0
29
1 10 11 20 21
04 06 06 06 06
55 58 58 58 58
0 0 0 0 0
00
30
27
0
76
41
6 15 16 24 25
0 0 0 0 0
01 07 07 01 06
52 08 08 26 07
42
1 10 11
0 0 0
07 05 00
08 82 25
52
31 77 00 08 26 07 00 08 05 77
4/1 4/2 5/1 7 13 14 17 18 23/1 23/2
0 0 0 0 0 0 0 0 0 0
05 01 00 07 01 06 00 07 04 01
60
2 3
0 0
02 04
53 814193 1 1
I 2 I 3 I 4 | 8 9 12 19/1 19/2 20 21 22 26
I 6 | 00 06 06 03 03 00 05 01 00
5 0 0 0 0 0 0 0 0 0
7 00 83 83 54 29 25 56 26 51
67
1 10
0 0
32 79
06 03
0 0 0
71 77 80
01 02 01
77 28 01
24
Machhraull
23
240
0
01
26
34
0 0 0 0 0 0 0 0 0
4 7/2 7/3 13 14 18/1 18/3 23 26
06 01 05 03 03 02 03 06 02
83 52 06 54 54 02 04 58 02
47
0* 0 0 0 0 0 0 0
06 05 01 01 05 00 06 06
58 56 52 77 06 25 83 58
3 8 9 12/1 12/2 13 19 22
64
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2/1 2/2 g 11 12 19 20 21
06 76 58 25 58 77 31 83
0 0 0 0 0 0 0 0
76
16 25
26 83
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01 06
2m c;i 2001 x41'M THE GAZETTE OF INDIA AUGUST 18,2001SRAVANA 27,1923 [PARTII—SEC 3 ( U )] 1 I 3 I 2 I 6 I 7 '1 58 77 0 0 0 0
I 4 | 1 10 11 20/2 21
83 05 83 51
94
0 0 0 0 0 0 0 0
58 79 02 76 07 58 52 31
5 6/1 6/2 15/1 15/2 16 24/2 25
06 03 0? 00 06 06 01 Q6
103
0 0 0 0 0 0
06 00 06 06 05 06
58 25 68 83 56 32
4 5 7 14 17 24
73
116
Q1
0 0
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3 4 7 8/1 13 10 23
0 0 0 0 0
00 06 06 0t$ 06
31 25 58 58 58 83
124
0 0 0 0 0 0 0
06 05 01 05 00 06 01
3 8 9 12 13 19 22
83 31 52 56 51 58 77
0 0 0 0 0 0 0
258 259 260 261 957 958 1033
01 01 01 01 00 00 00
01 01 01 52 51 00 51 Chandpur
239
01
22
0
26
3
10
0
06
2
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584195
I 3 |
I 6 I
1 1
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5 I
7 I 52 51 53 83 58 07
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0 0 0 0 0 0
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19
0 0 0 0 0 0 0
03 04 00 06 06 06 06
04 05 25 58 58 58 83
1 2 9 10 11 20 21
25
0 0 0 0
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6 15 16/2 25/1
01 05 06 06
26
0 0 0
83 31 25
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40
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06 02 04 06 05 01 03 03
83 02 81 58 56 52 04 04
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0 0 0
02 00 00
28 51 51
91 263 267
Dadanpur
238
2
17 18 23
0 0 0
05 03 06
06 54 83
7
0 0 0 0 0 0 0
06 06 06 04 02 06 00
3 8 13 18 19 22 23
58 83 83 81 02 58 254196 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVAN A 27,1923 [PAR ill—SEC. 3 (ii)| 1 1 I 2 I 3 | 12 7 I 58 56 26 55 28 83 25 55 02
6 I 06 05 01 04 02 06 00 04 02
5 I 0 0 0 0 0 0 0 0 0
4 | 2 9/1 9/3 12/1 12/2 19 20 21 22
23
56 26 07 83 58 58
05 01 06 06 06 06
0 0 0 0 0 0
1/1 1/2 10 11 20 21
25
00
0
25
24
29
05 06 03 06 01 05
06 58 54 83 26 56
0 0 0 0 0 0
5 6 15 16 25/1 25/2
77
01
0
1
30
44
00 58
52
00 06 01 00 01
0 0 0 0 0
4 5 6 7 14/3
50
77 58 25 25 05 02 32 83
01 06 00 00 04 02 06 06
0 0 0 0 0 0 0 0
4 7 8 13/1/2 13/2 14 18/1 23
65
58 83 00 58 04 26
06 06 00 06 03 01
0 0 0 0 0 0
3 8 12/3 13 18 19/14197 I 2 I 3
1 1
7 78 25 82
5 I 0 0 0
I 6 | 02 00 05
I 4 |
19/2
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22/2
54 76 01 51 51 28
03 00 01 00 00 02
Raipur
1
0 0 0 0 0 0
132 142/1-3 143/1-3 153 474 24
236
6
83 83 00 05 28 83 32
06 06 00 04 02 06 06
4 7 8 13 14 18 23
0 0 0 0 0 0 0
g
3 8 12 13 19/1 22/1 22/2 27
83 30 54 04 32 55 28 53
0 0 0 0 0 0 0 0
06 04 03 03 06 04 02 02
18
2 g 11 12 19/2 20 21 26
0 0 0 0 0 0 0 0
83 32 02 30 00 84 90 00
06 06 02 04 00 07 12 00
20
15 16 24 25
0 0 0 0
76 08 00 33
00 07 00 07
21
1 10 11 20/1
37 33 82 25
0 0 0 0
10 07 05 00
30
4 5
00 06
00 32
0 04198 THEGAZETTEOFINDIA:AUGUST18,2001SRAVANA27fI923 [PART B--SEC. 3 (8)} I 3
I 2
1 1
i 4 r 6 14 15 16 17 24
S 0 0 0 0 0 0
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7 | 58 25 32 77 55 83
32
4 7 14
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83 83 50 200
Gijaroacf
5
245 248 250 252 250 257 14 17 24
0 0 0 0 0 0 0 0 0
51 51 51 01 51 51 07 83 58
00 00 00 01 00 00 06 06 00
14
3 4 r & 13 18 22 23
00 06 01 05 06 00 00 04
0 0 0 0 0 0 0 0
25 58 77 06 83 58 70 81
21
3 8 9 12 13 18 19 22 23
0 0 0 0 0 0 0 0 0
00 05 01 06 00 01 05 00 07
83 06 77 58 25 52 31 00 08
32
3 8 12/2 19 20 21
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07 08 07 03 05 06
08 09 08 54 31 58
39
1/1
0
05
564199 2 1 1 I I 3 5 0 0 0
I 6 | 01 06 01
7 01 58 52
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40
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49
04 05 04 04
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30 31 81 05
15 17 24 27
26 26 25 25
0 0 0 0
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120/1 122 378 389/1
Sllanl Pana Kesho
263
57
0 0 0 0
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07 04 76 54
13/1 22/1 22/2 23
63
0 0 0 0 0 0
06 06 06 06 01 05
32 83 83 83 01 82
2 9 12 19 21 22
89
90
0 0 0 0 0 0
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04 54 25 07 83 00
95
5 6 25
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04 04 03
55 30 79
0
96
1
02
53
102
0 0 0 0
4/2 5/1 5/2 7/1
02 01 01 07
78 52 01 08
114 117
0 0
18 13
97 414200 THE GAZETTE OF INDIA. AUGUST 18,2001 SRAVANA 27,1923 [PART II—SEC. 3 (ii)l 6 2 7 I 3 1 I I 6 | 00 0 51 I 4 | 410 0 51 412 00 417 00 0 51 418 00 0 51 3
0 Silani Pana Zalim
262
6 7
0
14
0 0
17
0
24
3
0
e
0
4
0
7
0
8
0
13
0
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0
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0
17
0
16
0
17
24
0
2
18
0
3
0
8
0 0
9
0
11
0
12
0
20/2
31
4
0 0
7
0
8 13
0
14
0
17/2
0
18
0
23/1
0
3
41
0
0
8/1 01
77 06
58 06
83 83 06
83 06
00
76
79 03 00
76
82 05
83 06
83 06 01
01
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04
55 03
54 06
32
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58 02
02 81 04
00
26 07
34
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06
83 06
58 00
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83
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83 06
00
254201 1 2 I 3 I 4 57
67
68
84
93
8/2 12 13/1 18 19 22 2/1 2/2 9 11 12 19 20 21 16 25/2 1 10 11 20 27 5 6 15 16/2/1 17 24/2 25/1 4/1 4/2 4/3 7 14 17 23 24
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7 55 02 30 00 58 32 01 82 83 25 58 52 06 58 26 58 32 56 83 05 26 56 83 83 31 01 32 76 77 77 04 83 83 83 76 28
L • 04 02 04 00 06 06 01 05 06 00 06 01 05 06 01 06 06 05 06 04 01 05 06 06 05 01 06 00 01 01 03 06 06 06 00 02
136 159 433 459 469
0 0 0 0 0
01 78 78 51 51
01 02 02 00 00
Jhajjar
100
6
7
10 11 20 21 " 15/1
0 0 0 0 0 0
00 02 05 08 10 06
76 02 06 09 12 32 241^ GI/2001 94202 THE GAZETTE OF INDIA-AUGUST 18,2001 SRAVANA 27,1923 [PART II—SEC. 3 (ii)] 3 1 2 15
16
21
43
47
7 J 52 06 02 00 54 82 83 02 58 25 52 06 32 52 31 25 58 83 76 04 00 04 79 28 58 00 83
6 01 05 02 00 03 05 06 02 06 00 01 05 06 01 05 00 06 06 00 03 00 03 03 02 06 00 06 06 ___..aa---
5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -
OD
4 15/2 16/1 25 5 6 15 16/1 25/1 1 10/1 10/2 17 24 4/1 4/2 7/4 7/5 14 17/1/2 17/2 18/1 18/2 23/1 23/2 3/1 3/2 8 13 18
58 76 30 78
00 04 02
0 0 0
23 22
72
73
76 56 26 77 58 58 83
00 05 01 01 06 06 06
1 2/1 9/2 10 11 20/2 21
0 0 0 0 0 0 0
102
77 83 29 29
01 06 03 03
15
16/1
25/1
25/2
0 0 0 0
1
103
06 06 01
58 07 77
0 0 0
10 11/1
-4203 1 JL 2 I 3 107 5 0 0 6 0 0 0 0 0
4 I 5 6 15/1 15/2 16 17 24 25
6 06 06 05 01 05 01 06 00
7 32 83 82 01 31 52 58 51
132
0 0 0 0 0 0
4 7 14 17 23 24
06 06 06 06 00 05
07 58 83 83 25 56
136
3/1 3/2 4/1 8 13 18/1 18/2 23/1 24
0 0 0 0 0 0 0 0 0
00 05 01 06 06 01 05 01 02
00 23 09 07 58 77 56 26 02
164
0 0 0 0 0 0 0 0 0 0 0
4/1 4/2 6 7 15 16/1 16/2 16/3 17 24 25/1
00 01 04 02 06 01 01 03 00 03 02
51 27 05 53 58 77 77 04 51 79 78
173
4 5 7 14 17/1 17/2 24
0 0 0 0 0 0 0
06 00 06 06 02 04 06
58 00 58 83 02 30 83
203
4 7 14/1
0 0 0
06 06 01
02 58 014204 THE GAZETTE OF INDIA: AUGUST 18,2001SRAVANA 27,1923 [PART II—SEC. 3 (ii)1 1 1 2 I 37 J 62 6 05 01
i_ 4 -L
14/2
17/1
17/2
17/3
18/1
18/2
01 77 00 25 04
01 01 01 00 00 03
80
23 24
03
6 j 0 0 0 0 0 0 0 0
3
82
05
216
01
4
00
772
01 00
0 0 0
80
03
3
0
248
26
8/2
0
81
0
01 04 06
13 18/2
0
00
19
0 0
22
0
03 03
58 25 54 54
23
06
261
0
00
0
32 25 00
00
0
83
0
0
0
22
06
83
0
05
296
06
02
03
31 58 53 79 58
06
53
02
55
04
9/2 12/1 12/2 19 21 22/1/1
0 0 0 0 0 0 0
304
06
32
1
0
51
00
0
83
06
0
83
06
0
05
04
0
04
2/1
10
11/2
20/1
20/2
0
58
03 06
21
0
00
00
340
0
08
60
0
01
01
36
09
14/2
15/2
16
17/2
- 3/1 9/1 32 83 9/2 12 19 06 06 06 2/1 ↩
0 04205 2 I 3 1 1 6 00 7 25 4 24 0 341 58 56 01
06 05 01
1 10 11
0 0 0
348
50 04 25
00 03 00
0 0 0
2/1 2/2 10/2
349
01 06 03 03 06
27 83 04 79 58
6/1 15 16/1 16/2 25
0 0 0 0 0
381
00 05
25 31
4 5
0 0
06 00 00 00 00 00 00 01 01 00 00 06 04 00 01 00 03 00 00 00 00 01
58 25 76 25 25 25 76 01 01 25 25 58 81 51 52 51 79 25 25 76 51 77
1238 1240 1260 1295 1296 1311 1318 1355 1430 1450 1459 1479 1482 1540 1544 1572 1586 1596 1597 1634 1669 1707
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Kaimal Garti
9
102
00
23
0
00
11
05 00 06
2 3 9
0 0 0
82 00 584206 THE GAZETTE OF INDIA: AUGUST 18,2001SRAVANA27,1923 [PART II—SEC. 3 (ii)] 5 3 2 6 7 1 4 X 0 06 83 12/2 19/1 0 53 02 84 19/2 0 07 0
64 73
0
77 01
51 00
Garawar
106
7
5
14
0 0
17
0
0
18
23
0
3/1
0
11
3/2
0 0 0
8 13/1
0
06 05
58
06 06 05
01
01 06
32
54 03 02
28 06
58 05
31
13/2
18
0
0
22
0
23
2
20
0
3
0
9/1
0
0
12
0
19
0
22
15
26
0
16
0
24
0
0
25
1
27
0
0
2
0 01
26 06
58 02
02 81 04
06
58 00 00
06
58 06
58 06
58 06
58 01
01 12
39 04
05 08
85
55 04 04
55
10/1
0
30
10/2/2
0 04 00
00 04
10/3/1
10/3/2
0
11
0
20
0
43
4/1
0
0
4/2
0
4/3
7/1
0
0
112 8
0 03 01
77 10
00
63 25 00
00 03
79 08
09 53 02 05
06 03
794207 5 1 ... I 2 I 3 0 0 0 0 0
6 12 06 06 02 10
7 90 83 07 02 88
4 13 18 19/2 22/1 22/2
48
15 16 24/1 24/2 25
08 11 01 08 03
0 0 0 0 0
09 38 01 09 04
49
1/1
1/2
1/3
2/1
10/1
10/2
11/1
11/2
03 02 01 05 12 00 01 03
0 0 0 0 0 0 0 0
04 78 26 56 90 00 26 79
67
21
01
0
01
68
4 7 14 17 18 23 24 25/1 25/2
0 0 0 0 0 0 0 0 0
11 11 11 13 03 00 09 04 05
38 13 13 66 04 00 61 55 06
73
5
0
01
01
1
74
e
10 1271 12/2 13/1 17 18 23 24
0 0 0 0 0 0 0 0 0 0
13 09 05 04 04 03 00 14 01 11
91 11 31 05 55 29 51 67 26 38
79
4 7 13 14/1
0 0 0 0
06 06 00 05
07 58 25 064208 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA 27,1923 [PAKT II—SEC 3 (n)l i 6 1 I 2 J 3 _ J 4
14/2 17 18 23
6 0 0 0 0
01 01 05 06
7 26 77 31 58
87
0 0 0 0
3 8 13 18
06 06 06 00
58 58 58 51
90
12 19 20 21 22
0 0 0 0 0
06 07 01 12 00
58 84 01 40 76
97
5
0
02
78
98
1 10
0 0
10 00
63 51
120 122 141 142 143 149 153 154 278 280 281 304 315 318 320
78 28 51 25 51 26 25 51 25 25 51 52 51 51 01
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
02 02 00 00 00 01 00 00 00 00 00 01 00 00 01
[No R-25011/24/2001 OR-I]
S CHANDRASEKHAR, Under Secy
420924.15 GI/2001 - 104210 THE GAZETTE OF INDIA AUGUSTT 18,20019RAVANA27,1923 [PART H—SEC. 3 (ii)] 4211 4212 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA 27,1923 [PART II—SEC. 3 (ii)] 4213 4214 THEGAZETTEOFINDIA:AUGUST18,2001SRAVANA27,1923 [PART H—SHC. 3 (ii)]
New Delhi, the 9th August, 2001
s.o.2069.— Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of Crude Oil from Viramgam in the State of Gujarat to Panipat in the State of Haryana via Chaksu in the State of Rajasthan, a pipeline should be laid by the Indian Oil Corporation Limited for implementing the " Augmentation of Viramgam- Chaksu, Chaksu-Panipat and Chaksu-Mathura sections of Salaya-Mathura Pipeline System";
And, whereas, it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the right of user in the land under which the said pipeline is proposed to be laid, and which is described in the Schedule annexed to this notification;
Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;
Any person, interested in the land described in the said Schedule may, within twenty one days from the date on which the copies of this notification, as published in the Gazette of India, arc made available to the general public, object in writing to the acquisition of right of user therein or laying of the pipeline under the land to Shri. J.K. Ahuja, Competent Authority, Salaya- Mathura Pipeline (Augumentation) Project, Indian Oil Corporation Ltd, Kothi No. 1439, Sector-15, Urban Estate, Sonepat (Haryana) - 131001.
Schedule Annexed4215
Schedule
Tehsll: Bahaduraarh Dist:Jhaiiar State: Harvana
N a me of Village
Mustatil No. 3
1
Chhara
Hadbast No. 2 17
Khasra/Killa No. 4 18 17 29/3 30 36 37 46 104 105 106 107 110 112 119 125 127 128 129 132 133 6726/137 138 139 1449 1573 1594 1595 1596 1598 6012/1617 6013/1617 1818 1619 1620 1621 1627 1631/1 1631/2 1632 5647/1634 1689 1690 1691 5658/1695 1699 1700
Area Hectare Are Sq.Mtr. 6 06 11 00 03 10 07 02 05 01 11 03 05 01 01 00 05 06 00 06 05 08 08 02 18 03 13 03 03 07 02 02 05 16 01 03 08 05 01 06 08 00 05 01 01 06 15
5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7 32 38 25 79 12 59 53 06 26 38 79 06 26 26 00 06 32 00 32 06 32 32 53 44 79 91 79 79 59 53 53 08 44 26 79 85 06 26 32 85 00 06 26 26 32 214216 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA 27,1923 [PART 11—SEC. 3 (ii)l 3 |_ 6 1 2 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
05 05 05 02 07 10 01 00 07 03 03 07 06 06 03 03 06 06 06 01 19 08 00 01 01 13 07 00 01 03 08 01 08 10 01 11 06
4 1706 1708 1709 1710 1766 1767 1769 1950 6028/5674/2118 6029/5674/2118 5675/2118 5676/2128 5679/2139 2140 5697/2190 5698/2190 2187 2188 2189 2193 2194 2195 2196 2200 2213 2215/2 2216 2224 2240 2241 2242 2243 2245 2246 2247 2267 2268
7 06 06 06 53 59 12 26 00 59 79 79 37 32 32 79 79 32 32 32 26 00 85 00 26 26 91 59 00 26 79 85 26 85 12 26 38 32 Agarpur
14
3
0 0 0 0
11 20/1 21/1 21/2
00 06 02 03
00 58 78 29
8
0 0 0
15 16 25
29 58 83
03 06 06
9
0 0
1 10
83 83
06 064217 1 2 3 | I 5 0 6 03 7 29 4 11 15 82 51 58 25 32 51 28 05 07
0 0 0 0 0 0 0 0 0
05 00 06 00 06 00 02 04 06
5/1 5/2 6 14 15/1 15/2 16 17 24/2
21
00 05 06 06 05 01 06 00
25 82 32 58 56 52 58 51
0 0 0 0 0 0 0 0
4/1 4/2 7 14 17 18 23 24
26
06 06 01 05 06 02 03
0 0 0 0 0 0 0
3 8 13/1 13/2 18 22 23
83 83 77 06 83 53 54
34
0 0 0 0 0 0
06 06 06 06 00 06
2/2 9 12 19/1 21 22
58 83 83 58 25 58
38
0 0 0 0 0 0 0
04 01 00 05 06 06 06
1/1 2/1 9/1 10 11 20 21
81 52 25 06 58 83 07
48
0 0 0 0 0
5 6 15 18 25
01 06 06 06 06
26 07 83 83 32
1/1
0
49
05
31 2435 CH/2001 - 11n l X THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA 27,1923 IPART II —SEC. 3 (ii)l 6 7_ 4 I " I 1 3 5 52 06 03 01 06 06 06
58 29 01 07 83 83
0 0 0 . 0 0 0
e 7 14 17 24
60
05 • 00
56 00
4 7
0 0
84 88 89
as
26 25 25 01 01 51 51 26 51 51 ?6 25
0 0 0 0 0 0 0 0 0 0 0 0 0
96 98 103 106 118 125 128 138 147
00 00 0Q 01 01 00 00 01 00 PQ QQ 90 9,6
jmfc23flU#3£G(>lQR-I]
S. CHANDRASEKHAR, Under Secy.
4219 4220 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA27,1923 [PART II—SEC. 3 (ii)] 4221 4222 THE GAZETTE OF INDIA: AUGUST 18,2001SRAVANA 27,1923 [PART D—SEC. 3 (ii)] 4223 4224 THE GAZETTE OF INDT A AUGUST 18, 2001 SRAVANA 27,1923 [PARTII—Stc 3 (h)l 4225^'•^^rlJcHh-/^
4226_ THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA27,1923 [PART II—SEC 3 (ii)l 4227 4228 THE GAZETTE OF INDIA AUGUST 18,2001SRAVANA 27,1923 ' [PART II—SEC, 3 (ii)] 4229 4230 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA 27,1923 [PART U—SEC. 3 (ii)] 4231 4212 T'HE GAZETTE OF INDIA AUGUST 18,2(X)1 SRAVANA 27,1923 [PAR ill—She 3 (11)]_ 4233 2411 OI 2001 H42^4 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA27,1923 [PART H—SEC, 3 (ii)] 4235 42% THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA 27,1923 [PART II—SEC. 3 (ii)] 4237 4238 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA27,1923 [PART II—SEC. 3 (ii)] 4239 4240 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA 27,1923 rpARr II—SF.C. 3 (ii)]
New Delhi, the 9th August, 2001
s.o.2070.— Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of Crude Oil from Viramgam in the State of Gujarat to Panipat in the State of Ilaryana via Chaksu in the State of Rajasthan, a pipeline should be laid by the Indian Oil Corporation Limited for implementing the " Augmentation of Viraingam- Cliaksu, Chaksu-Panipat and Chaksu-Mathura sections of Salaya-Mathura Pipeline System";
And. whereas, it appears to the Central Government that for the purpose of laying the said pipeline, n is necessary to acquire the right of user in the land under which the said pipeline is proposed to be laid, and which is described-m the Schedule annexed to this notification;
Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User m Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;
Any person,-interested in the land described in the said Schedule may, within twenty one days from the dale on which the copies of this notification, as published in the Gazette of India, are made available to the general public, object in writing to the acquisition of right of user therein or laying of the pipeline under the land to Slid. J.K. Ahuja, Competent Authority, Salaya- Mathura Pipeline (Augumenlation) Project, Indian Oil Corporation Ltd, Kothi No. 1439, Sector-15, Urban Estate, Sonepat (Haryana) - 131001.
4241Schedule
Tehsil: Gohana Dist:Soneoat State: Harvana
Name of Village
Sq.Mtr 7 Hadbast No. 2
Khasra/
Killa No.
4
Area Are 6
Mustatll No. 3
4/1
81 1 Glwana
74
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13
7
58
0
25
0
25
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51
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00 06
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2 IT* Cil/2001 144242 THEGAZETTEOFINDIA:AUGUSTl8t2001SRAVANA27,1923 [PARTH— SEC. 3(ii)l I 2 | 1 1
I. I I
I * I
17/2 24/1/1 24/1/2
5 0 0 0
I 6 | 00 00 06
7 I 76 00 83
7S
4/1/1 4/1/2 4/2 7/1 7/2 13/1 13/2 14 17 18 23
0 0 0 0 0 0 0 0 0 0 0
01 01 03 06 01 00 02 03 00 07 04
52 52 54 05 77 77 28 54 00 84 30
83
3 8 9 12 13/1 13/2 19/1 19/2 22/1
0 0 0 0 0 0 0 0 0
06 07 00 04 02 00 03 03 06
83 08 00 81 02 51 04 79 32
101
2/1 2/3 9/2 10 11 12 20 21
06 00 06 00 05 01 06 06
32 51 07 51 82 01 83 83
0 0 0 0 0 0 0 0
104
1
0
00
76
135 137 231 235 245 593 608
2/2
01 01 00 02 00 00 00 00 00 00
o15 653
0 0 0 0 0 0 0 0 0 0
52 01 51 53 51 51 51 00 51 51 Anwli
71
05
12
13
0
064243 1 I 2 I 3
S 0 0 0
I 6 | 05 01 06
7 I 06 77 83
I 4 |
18
19/1
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0
04
55
26
2
85
9 12 13 19 22/2
0 0 0 0 0
03 04 02 06 06
79 30 53 83 83
66
86
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06 06 01 06 00 06 05 01 01 06 06 06
83 07 01 07 51 83 56 52 52 32 83 32
2 9 10 11/2 12 20 21 6/1 8/2 15 16 25
87
1 10/1 10/2 11
0 0 0 0
06 03 00 00
83 79 25 00
89
4 5 6 7 14/1/1 14/2/2 17 24
0 0 0 0 0 0 0 0
00 07 01 05 03 01 06 06
00 08 77 06 79 26 83 32
108
3 4 7 8 13/1 13/2 18 19
0 0 0 0 0 0 0 0
00 06 01 05 05 00 02 00
76 58 01 56 32 76 53 76
2
112
0
02
784244 THE GAZETTE OF INDIA. AUGUST 18,2001 SRAVANA 27,1923 [PART H—SEC. 3 (ii)l 1 1
I 2 I 3
I 6 | 02 02 06 06 02
7 02 27 32 83 28
5 0 0 0 0 0
I 4 | 9 10 11 20 21
113
0 0
25/2 25/3
00 01
25 28
129
5 6/1 6/2 14 15 16 17 24
06 05 01 00 06 01 06 06
0 0 0 0 0 0 0 0
83 06 77 51 58 01 07 32
4
02
134
0
28
02 01 01 00 00 00 01 00 00 02 01
349 350 351 363 365 366 367 368 1291 1305 1307
0 0 0 0 0 0 0 0 0 0 0
78 26 26 51 51 51 26 51 51 02 77 BUbilan
72
7
0 0 0 0 0 0 0 0 0
05 05 01 03 03 03 03 06 00
2 9/1 9/2 12/1 12/2 19 20 21 22
06 06 77 29 29 54 54 83 00
9
15 16 25
0 0 0
00 05 06
00 06 83
10
1/1 1/2 10
03 03 06
0 0 0
29 54 324245 2 ! 1 I I 3 7 32 02
I 6 | 06 02
6 0 0
I 4 |
11
20
26
5 6 14 15 16 17 24/1 24/2 24/3
83 83 01 07 51 58 02 26 05
0 0 0 0 0 0 0 0 0
06 06 01 06 00 06 02 01 04
27
4/1 4/2 7 13 14 18 23
83 00 83 54 54 83 83
06 00 06 03 03 06 06
0 0 0 0 0 0 0
48
3 8
0 0
83 78
06 02
00 00
315 495
0 0
51 51 Bhamswal Kalan Mithan
34
68
4 7 13/2 14 17
02 83 78 06 00
02 06 02 05 00
0 0 0 0 0
36
51 28 83 83
1271 12/2 19 22
00 02 06 06
0 0 0 0
56
06 05 01 06 00 06 06
2 9/2 10 11 12/1 20 21
0 0 0 0 0 0 0
58 56 52 07 00 83 32
59
6 15 16
0 0 0
54 83 58
03 06 064246 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA27,1923 IPART H—SEC. 3 (ii)l I 6 | 06
7 I 83
I 4 |
25
6 01 06 60 58 54 03 10 0 0 4 82
5
6
7 14
16
17/1
17/2 24/1 86
3
4/1 8
12
13
19 21
22
1 108
76
0
00
07
0
06
76
0
00 06
07
0
06
32
0 0
00
00 79
0
03
0
00
51
0
06
83
0
56
0
05 01
26 83
0
06 05
06
0 0
02
02
0
07
08 06
0
05 02
02
0
0
07
33
00
21/1
21/2
22
25 115
116
1/1
1/2
2/1 10
00
0
00
51
0 0
06
58
01
26
0
0
03
29
0
02
28
0
01
26 83
0
06
11/1
20/1/2/1 20/1/2/2
20/2 21
1/1 135
5 136
6
15
16/1 0
06 04
83 81
0 0
01
01
0 0
01 04
01 81
0
00
00
0
06
32
0
06
83 32
06
0 0
01
- {{^{{FOOTNOTE 1}}}} I z I {{^{{FOOTNOTE 3}}}} ↩
014247 2 I 3 1 1 I 7 I 79 79 52 00
I 6 | 03 03 01 00
5 0 0 0 0
I 4 |
16/2
24/2
25/1/1
25/1/2
140
83 83 32 58 51 07 26
06 06 06 06 00 06 01
0 0 0 0 0 0 0
4 7 14 17 18 23 24
153
83 83 77
0 0 0
06 06 01
3 8 13
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
01 02 01 00 00 00 00 02 00 00 00 00 00 00 00 00 00 00
182 185 280 282 283 292 296 301 302 984 989/5 1002 1071 1072 1078 1082 1083 1092
77 78 01 51 51 51 51 02 51 51 51 51 51 00 51 51 CO 51
38
67
Bhainswal Kalan Bawla
01 00 33 83
0 0 0 0
01 00 07 06
15 16 17 24
53
55 81 32
0 0 0
04 04 06
4 18 23
56
0 0
06 04
83 55
3 8/14248 THEGAZETTEOFINDIA:AUGUST18,2001SRAVANA27,1923 [PARI U— SEC. 3 (ii)] 5 I 2 I 3 1 1 I 4 | 8/2 I 6 | 02 9 0 0 7 28 00 00 12 0 28 02 13
0
0
278 853
0
877
0
15
Katwal
69
8
0
23
0
16
0
0
0
g 12/1 19/2 20
21
0 0
39
0
0 0
15/2 16/1 25/2
1
0
40
0
10
0
11
0
20
42
0
5/1
0
5/2
6/1
0
6/2
0 0
14
0
150 859
0
0 0
897 930/1 931
0
37
0
65
Lath
18
0
23
62
0
0
2/2 3/1 8 9/1
0 0
0
0
0
9/2 12/1 12/2 19
0 02
02 02
02 00 00
51 00
01
00
77 25
83 06
58 06
30 04 02
78 05
82
25 00 04
55 06
58 06
83 06
83 06
58 02 02
03
04 54 03 05
01
02
06 77 02 03
04 01 01
51 00 00
51 00
51 00
00 06
83
00 00 06
83 03
04 01
52 02
78 29 03
26 01 06
834249 | 7
I 6 |
I 4 I 6
1 1 II 2 |I' 366 0 0 0
52 58 58
01 06 06
11/1/3
20
21
90
76 82 58 83 82
5/3 6/1 15 16 25
0 0 0 0 0
00 05 06 06 05
91
81 00
1 10
0 0
04 00
96
25 51 25 83 08 83 83
4/2 6 5/1/1 5/1/2 14 17 24
0 0 0 0 0 0 0
00 00 00 06 07 06 06
117
3 4 7 8 13 18/1 23
00 05 01 05 06 06 06
51 82 26 06 83 58 83
122
2 3 8/3 9/1 12/1 12/2 19 22
0 0 0 0 0 0 0 " 0 0 0 0 0 0 0 0
01 05 00 06 00 06 06 06
77 56 25 32 76 32 83 58
25
140
0
00
25
141
1 2 10 11
0 0 0 0
03 02 06 03
54 28 58 04
1/1
0
01
147
26
5/2
0
00
148
25 243.1 GI/2001 - 154250 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA27,1923 [PART II—Stc 3 (ii)l 1 1
I 3
I 2
I 4 |
5/3
6/1
6/2
15/4
15/5
16/2
16/3
16/4
24/1
24/2"
25
6 0 0 0 0 0 0 0 0 0 0 0
I 6 | 06 06 00 00 06 00 05 00 00 02 04
7 07 58 25 25 58 25 56 51 25 53 05
163
4/2 7 14 17 18/1 23/1 23/2 24/1
0 0 0 0 0 0 0 0
06 06 06 07 00 03 01 01
32 58 83 08 00 79 26 26
166
3
0
07
59
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
212
220/1
238
240
285
286
287
1285
1328
1329
1346
1348
1357
1363
1364
58 66 04 01 51 02 52 51 77 51 51 51 51 51 01
06 13 03 01 00 02 01 00 01 00 00 00 00 00 01
Jauli
61
1
25
26
01
0
2
21
0
00
76
17
5 8
0 0
58 06
06 05
19
25 58 00
0 0 0
00 06 00
I 6 | 05 05 06
7 | 31 56 58
I 6
0
0
0
I 4 | 14/2 17 24
39
00 58 05 04 08 00 58 58
3 4 7 8 13 14 18 23
00 06 04 03 07 00 06 06
0 0 0 0 0 0 0 0
43
3 111 8 13 14/1 25
05 02 22 07 09 04
82 79 51 84 00 05
0 0 0 0 0 0
10
37
44
21
0
66
18 04 06 05 01 06 00 06
47 04 07 57 01 58 51 58
0 0 0 0 0 0 0 0
1 2/1 9/2 12/1 12/2 19 21/2 22
67
00
00
0
5
74
01 05 04 02 03 03 02 05 02 03
52 31 55 53 54 54 02 06 78 54
1 2 9 10 11 12 19/2 20 21/1 21/2
0 0 0 0 0 0 0 0 0 0
96
06 08 03 06 06
58 60 79 58 58
1 10 11 20 21
0 0 0 0 04252 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVAN A 27,1923 [PAR I II—SEC 3 (n)] 1 1 II 2 I 3 I 7 105 07 32 58 55 02 04 51 29
I 6 | 06 06 06 04 02 03 00 03
5 0 0 0 0 0 0 0 0
I 4 | 1 10 11 20/1 20/2 21/1 21/2 21/3
126
32 58 07 58 58
06 06 06 06 06
1 10 11 20 21
0 0 0 0 0
134
32 58 58 58 32
06 06 06 06 06
1 10 11 20/2 21
0 0 0 0 0
152
06 06 06 05 03
58 32 58 06 54
0 0 0 0 0
1 10 11 20 21
153
51 02 54
00 02 03
0 0 0
15/2 16 25
157
00 54 07 58 58 58
0 0 0 0 0 0
5/1 5/2 6 15 16 25
00 03 06 06 06 06
158
02 01
28 01
0 0
1 10
175
76 84 53 76 83 37 00
00 07 06 00 06 12 00
0 0 0 0 0 0 0
4 5/1 7 8 13 18 244253 I 2
1 1
I 3 T~" 4 I
250 288 298 302 311 321 322 335 337 356 357 361 1356 1382 1392 1412 1417 1432 1444
I 6 | 01 03 02 02 00 01 01 02 00 00 00 00 00 00 00 00 00 00 00
7 26 04 28 02 51 01 77 02 51 51 51 51 51 51 51 25 51 51 51
5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Nayat
62
23
06
07
40
0
42
3 8
0 0
06 06
32 58
61
00 04 06 04 00 01 05 00
2 9 12 19/2 20/1 20/2 21/2 22
0 0 0 0 0 0 0 o •
00 55 58 30 00 52 56 00
64
1/2 10 11/1 11/2 20
06 06 00 06 09
0 0 0 0 0
83 07 51 32 61
65
25
0
01
52
94 182 183 327/1 327/2 328/1 328/2
0 0 0 0 0 0 0
02 00 00 00 00 01 01
28 51 51 51 51 52 524254 THE GAZETTE OF INDIA: AUGUST 18,2001SRAVANA 27,1923 [PART II—SBC. 3 (ii)] 2 5 I 4 | I 6 | 1 3 1 1 1 7 1 Kakana Bahadurl 23 02 57 2 0 0 78 78 24 02 11
0
58
3
06
0
00
00
0
02
78
0
51
4 8/1/1 8/1/2
00
0
29
8/2 13
0
58
0
03 06 06
58
18 23
0
06
83
15
0
82
3 8/1
05 03
0
04
8/2
0
03
29
9
00
0
76
12
03
0
54
13
01
0
01
26
0
03
04
0
07 05
0 0
01
33 06 26
0
00
0
00
0
06
0
01
9/1 12/2 19/2 20/1 20/2 20/3 21/1 21/2 22/1
0
00
51 25 07 01 25
30
0
00
00
0
25/1 25/2
02
02
31
0
06
07
06
58
0 0
06
58
0
00
0
06
01
51 07 52
0 0
1/1 10/2 11/1 20/1 20/2/3 21/1 21/2/1
03
54
1
42
0
25
00
5
43
0
32
6
0
06 06
07
15
0
06
58
0
16
06
0
25
58 58
06
5
46
0
58
064255 I 3
I 2
1 I
I " 7 I
I 6 | 06 02 02 06 00 06 00
58 53 02 07 25 07 25
5 0 0 0 0 0 0 0
I 4 | 6 15/1 15/2 16 17/1 24 25/1
60
01 05 06 04 01 00 06 00
0 0 0 0 0 0 0 0
4/1 4/2 7 13 14/1 14/2 18/1 24
77 05 83 30 77 51 58 25
00 01 02 00 00 01 00 00 00 00
0 0 0 0 0 0 0 0 0 0
89/1
95
104
224
227
228
230
571
576
614/2
51 52 28 51 51 26 51 51 51 51
5
56
Khanpur Kalan
0 0 0
17/1
17/2
24
02 04 06
78 05 58
17
06 06 00 07 03 03 06
0 0 0 0 0 0 0
4 7 13 14 17 18 23
58 58 00 08 29 79 07
26
0 0 0 0 0 0 0 0 0
3 8/1 8/2 8/3/1 8/3/2 13 18 19/1 22
06 02 00 00 00 06 06 00 02
58 28 76 51 76 07 58 00 02 *———-- . .
42.% THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA 27,1923 [PART II—SEC 3 (n)l1 I 2 |I 3 |
I 4 | 23
7 28
I 5 | 0
I 6 | 02
39
0 0 0 0 0
2/2 9 12 19 22
06 06 06 06 06
58 58 58 58 58
55
1 2 9/1 10 11/2 20 21
0 0 0 0 0 0 0
02 04 00 06 06 06 05
28 30 00 58 58 58 31
69
6 15
01 05
77 06
0 0
70
11 26
0 0
02 11
53 13
88
6 14 15 16/1 17 24
03 00 06 01 04 06
80 76 07 52 05 83
0 0 0 0 0 0
100
4/1 4/2 7/1 7/2 14/1 17 18 23 24
79 76 01 82 07 06 25 06 25
0 0 0 0 0 0 0 0 0
03 02 01 05 06 05 00 05 00
119
3 8 13/1 13/2 18 23/1 22
06 06 04 01 06 06 00
58 58 05 52 58 58 00
0 0 0 0 0 0 0
135
0 0
04 03
2 3/1
05 044257 1 1 I 2 I 3
7 I 00 58 58 04 51 26 01 06 76
5 0 0 0 0 0 0 0 0 0
I 6 | 00 06 06 03 00 01 01 05 00
I 4 | 8 9 12 19/1 19/2/1 19/2/2 22/1/1 22/1/2 22/2
147
05 59 58 58 08 79
0 0 0 0 0 0
04 07 06 06 07 03
2/1 9 12 19 21/2 22
163
00 04 02 04
15 16/1 25/1 25/2
00 05 28 30
0 0 0 0
164
13 13 58 04
0 0 0 0
11 11 06 03
1 10 11/1 20
172
58 58 53 05 30 77 00 52 29 76
0 0 0 0 0 0 0 0 0 0
06 06 02 04 04 01 00 01 03 00
5 6 15/1 15/2 16/1 16/2 17/2 24/1 24/2 25
t84
02 03 00 03 02 05 00 02 07
53 79 25 54 53 82 00 02 84
0 0 0 0 ' 0 0 0 0 0
4/1 4/3 14/1 14/3 17/1 17/2 18/1 26/1 26/2
01 01
01 26
0 0
236 243
241? GI 2001 -164258 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA 27,1923 IPARTII—SEC. 3 (ii)l 2 1 1 I I 3 I 6 | 01 01 00 00 00 00 01 00 02 00 00 00 00 03
7 26 01 51 51 51 51 77 51 02 51 51 51 51 55
I 4 ,| 248 251 529 531 537 548 579 581 588 870 873 875 902 946
5 0 0 0 0 0 0 0 0 0 0 0 0 0 0
38
Shamri Seesan
54
0 0 0 0 0
01 06 01 06 06
01 07 52 07 58
8 12 13 19 22
44
0 0 0 0 0 0 0
06 06 06 06 00 04 01
2 9 12 19 20 21 22
83 58 58 58 51 55 77
57
58 05 04 58 83 58
1 10/1 10/2 11 20 21/1
0 0 0 0 0 0
06 04 03 06 06 06
66
01 06 06 06 06
26 58 58 58 07
5 6 15 16 25/1
0 0 0 0 0
67
0 0
05 00
56 76
1 10
82
06 06 00 04
58 07 25 55
5 6 7/1 14
0 0 0 04259 2 I I 3
1 1 I
I 4 | 15/1 15/2
161 164 698
710 5 |
I 6 | 7 76 00 0 0
00 00
76 51 0 0
00 00
0
03
54 51 0
00
Shamri Buran
53
2
6 15/2 16/1 25
10
3
11
5
8
6 7 14 17/1 24
4
12
7
13
14
17
18
23
23
3 0
78 0
02 06
58 83
06
0 0
32
06
54 0 0
03 00
00
83 0
06
30
04
0 0
28
02
0
78 0
02 06
58 58 0
06
58
06
0 0
58
06
76 0
00
06
0 0
58 26
01
56
05
0 0
83
06
58
06
0 0
83
06 06
0 0
58 00
00
07
06
0 0
00
0
76 58
06
8
13/1/1/1
13/1/1/2
18/2
19
22
23/1
28
2
9 12
19
21
22
39
1/2
2 0
01
01
83 ' 0 0
06 06
0
58 83
06
0
83
06
0
52 0
56
01 05
05
0 0
32 01
0142") THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA27.1923 [PARrll—SEC 3 MI " 7 ~ | 1 I 2 I 3
I 4 7
T "6 ~I
56 83 83 29 29
10/1 11 20 21/1 21/2
6 0 0 0 0 0
06 06 06 03 03
46
06 00 04 00 00 00 02 06 06
07 00 05 00 76 51 28 83 83
0 0 0 0 0 0 0 0 0
1 2 9 10/1 10/2 11 12 20 21
55
58 01
1 10
06 01
0 0
56
00 04 06 06 02 08
00 55 07 58 53 09
0 0 0 0 0 0
5 6 15/2 16 17 24
62
76 07 01 82 58 58 26 07
00 06 01 05 06 06 01 06
3 4 7 8 13/2 18/1 23/1 23/2
0 0 0 0 0 0 0 0
66
3 8
06 03
58 29
0 0
02 26 01 51 51 51 52 51 76 51
02 01 01 00 00 00 01 00 00 00
133 137 145 175 176 185 189 548 552 565
0 0 0 0 0 0 0 0 0 04201 4262 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA27,1923 [PART II—Sic 3(ii)j 4263 4264 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA 27, 1923 [PAR I 11—SFC 1 (H) | 4265 : n "i i ii 2001 174266 THE GAZETTE OF INDIA AUGUST 18,2001 SKAVANA27,19X3 [PART II—SEC. 3 (ii)] 4267 4?dS THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA 27,1923 [PART II—SFC 3 (n)] 4269 4270 THE GAZETTEOF INDIA :ADGU5T1", 20015RAVANA 27,1923 |PART H—SEC. 3 (">] 4271 4272 TOE GAZETTE OF INDIA: AUGUST 18,2001SRAVANA27,1923 [PART II— SEC 3 (ii)] 42^1 2415 OI/2001 184274 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA 27,1923 [PART II—SEC 3 (n)] 4275 4276 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA27,1923 [PART II—Sue. 3 (ii)] 4277 4278 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA27,1923 [PART II—SEC. 3 (ii)]
New Delhi, the 9th August, 2001
s.o.2071.— Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of Crude Oil from Viramgam in the State of Gujarat to Panipat in the State of Haryana via Chaksu in the State of Rajasthan, a pipeline should be laid by the Indian Oil Corporation Limited for implementing the " Augmentation of Viramgam- Chaksu, Chaksu-Panipat and Chaksu-Mathura sections of Salaya-Mathura Pipeline System";
And, whereas, it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the right of user in the land under which the said pipeline is proposed to be laid, and which is described in the Schedule annexed to this notification;
Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;
Any person, interested in the land described in the said Schedule may, within twenty one days from the date on which the copies of this notification, as published in the Gazette of India, arc made available to the general public, object in writing to the acquisition of right of user therein or laying of the pipeline under rhe land to Shri. Sunil Sharma Competent Authority, Salaya- Mathura Pipeline (Augunicntation) Project, Indian Oil Corporation Limited, 33, Muktanand Nagar, Near (Jopalpura Bye Pass, Jaipur (Rajasthan)4279
SCHEDULE
Tehsil : Behror District: Alwar State : Rajasthan
Area
Khasara No.
N a me of Village
Sq. mtr. 5
Hectare 3
1
2
Are 4
Jainpurbas
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
884 883 881 814/2320 817 814 816 815 823 830 827 828 725 724 696 697 699 700 698 705 704 706 708 105 106 108 99 96 98
00 06 07 07 00 03 01 02 10 04 06 00 05 02 00 03 01 05 06 11 04 01 00 00 08 00 04 02 06
62 26 98 33 20 15 12 73 08 02 41 42 12 24 45 43 42 86 88 99 82 85 20 77 18 94 81 31 16 Gunti
2132 2106 2104 2047 2061 2064 2066
0 0 0 0 0 0 0
04 27 09 13 08 02 05
73 48 18 32 46 30 124280 THE GAZETTE OF i t o l A: AUGUST 18,2001SRAVANA 27,1923 [PART II—SEC. 3 (ii)J 1 5 I 01 96 45 47 38 64
4 08 00 04 08 06 02
3 0 0 0 0 0 0
2 2065 2085 2072 2083 2080 2079
Shyampur
05 .08 00 02 04 08 02 07 01 01 08 04 00 06 05 02 00 09 03 03 02 08 01 00 03 03 06 00 03 04 00
51 17 44 70 15 76 90 27 84 05 14 32 20 03 63 57 21 43 97 93 50 06 92 25 80 29 35 20 75 80 48
403 401 399 400 394 393 392 242 241 243 244 254 245 253 252 263 264 161 164 283 284 159 154 156 155 152 134 135 133 132 131
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Shimla
05 04 04 05 07 04 02 04
89 30 86 04 28 73 93 46
0 0 0 0 0 0 0 0
305 302 301 299 298 274 275 2764281 5 75 39 58 22 89 78 62 24 96 86 58 97 48 50 84 14 20 36 59 39
4 06 10 03 05 08 02 00 00 07 02 05 04 01 01 35 01 00 08 07 02
277 280 281 282 290 291 292 195 194 193 60 59 58 61 65 71 69 70 70/432 75
3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Gokalpur
20 08 34 70 16 74 43 84 85 80 53 66 50 55 56 49 78 14 55 30 52 02 86 76 61
00 03 05 08 09 03 01 04 00 03 02 06 05 04 00 01 05 03 03 00 03 04 02 00 02
592 594 627 626 624 623 622 621 641 647 646 645 644 662 652/760 658/739 657 653 197 198 196 194 185 182 183
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
2415 (JI/2001 194282 THE GAZETTE OF INDIA AUGUST 18.2001 SRAVANA 27.1923 (PART U—RKC. 3 (irtl 1 I + 07 oo
2 183/757 161 158
00
5 64 75 20 Momanpur
3 0 0 fl G 0
1432 1431 1429 1423 1426 225 226 227 228 229 234 237 238
Q 0- 0 0 0 0 0 0 0 0
08 02 11 09 09 03 03 02 03 01 04 16 00
50 65 08 26 44 01 79 66 78 17 00 35 43 Sarvllandpura
1403 1377 1378
0 0 0
11 02 07
11 64 83 Talwad
1397
1396/1046
1396m
188 180 272 271 256 255 254 222 223 224
0 0 0 0 0 0 0 0 0 0 0 0 0 0
13 05 06 02 00 01 00 03 01 01 00 03 04 04
72 38 91 12 20 22 72 01 57 24 36 06 24 00 Jaguwas
0 0 0 0 0 0 0 ^
oJ
0 0 0
208 209 210 211 202 212 151 150 152 149 148
03 04 03 07 03 07 08 00 01 08 08
91 05 28 85 62 15 98 20 92 46 294283 1 1
2 1104
4 I 07 02 00 01 01 04 06 00 07 02 04 07 05 01 03 00 00 13 04 04 W S3
5 35 52 20 87 41 33 46 20 04 75 07 47 23 -39 51 50 30 26 52 35 86 93 15 81 08 74 43
03 07 04 00
105 106 100 99 107 98 101 93 90 69 88 82 83 81 84 79/93"! 78 74 61 63 64 65 66 67 68 69
3 0 0 0 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Kalyanpura
10 06 05 11 04 00 04 04 00 03 07 06 01 07 00 03 09 03
73 75 04 98 84 28 21 53 33 58 52 89 51 91 37 47 61 59
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
503 502 501 500 494 493 492 491 490 542 539 536 53? 533 632 571 525 52442S4 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA27,1923 [PART II—SFC 3 (n)] 1 I 2 3 0 0 0 0 0 0 0 0 0 0 0 0
I 4 J 03 00 00 01 07 02 02 07 02 04 08 02
5 66 83 20 92 24 06 03 69 75 91 12 66
523 522 522/685 586 587 588 589 591 618 600 599 603
Nanglarundh
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
293 286 287 222 223 224 221 232 231 235 236 237 239 238 245 246 278 275 315 317 77 76 74 42 43 44 62 61 46 47 48 53 52
00 03 04 09 00 04 00 05 06 02 00 02 04 02 06 03 00 00 21 07 28 02 26 29 01 12 13 01 24 25 06 20 02
66 52 95 63 20 81 20 25 16 86 62 64 62 17 66 69 66 20 92 70 99 26 62 81 60 76 09 76 42 85 49 74 644285 4 2 1 1 I J 3 L __$_ _ Hamjapur
49 94 05 39 02
03 05 06 05 06
0 0 0 0 0
1324 1326 1314 1311 1310
Bantkhani
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
227 226 225 208 206 205 192 187 188 186 163 156 165 154 151 133 138 140 36 37 40 51 50 62 63 64
07 01 06 07 12 00 14 07 03 04 06 04 01 08 00 04 09 08 06 06 01 07 09 00 06 00
14 86 88 35 91 35 63 48 23 73 77 46 74 10 20 48 30 91 38 66 23 12 68 77 77 20 Kolila Rabad
95 96 97 89 88 87 85 86 115 116 122 123 129
0 0 0 0 0 0 0 0 0 0 0 0 0
06 03 00 04 05 02 00 07 03 04 04 11 03
33 73 20 26 06 30 25 15 27 46 51 00 0842H6 THE GAZETTE OF INDIA. AUGUST 18,2001 SRAVANA27,1923 [PART II—SEC. 3 (u)]
2 ~ 1~
I 1 " "
3 0 0 0 0 0 0 0 0 0 0
00 00 10 08 05 07 01 01 13 00
128 130 137 138 151 150 149 148 146 147
5 20" 66 20 64 64 98 29 71 83 98 Kolila Sanga
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
464 468 466 521 522 527 528 565 564 563 612 613 615 621 620 637 638 639 640 641 664 675 293 678 292 292/776 291 282 276 275 272 248 249 252 251
14 14 00 01 03 08 07 04 06 00 00 05 05 05 00 00 05 02 07 02 07 09 02 01 06 04 00 01 06 06 07 13 00 20 02
54 55 20 79 53 98 45 37 17 54 20 25 94 95 20 56 65 70 15 67 45 19 72 54 77 84 69 26 44 49 59 20 20 74 86 4287 .
L 3 -
5 56 75 35 00 88 62 47 27
4 .. _i 07 06 00 08 04 08 05 00
0 0 0 0 0 0 0 0
I 2 239 240 236 237 233 232 231 210
Kolila Joga
64 17 50 43 20 61 75 84 65 32 00
00 07 08 07 00 07 02 04 08 00 09
0 0 0 0 0 0 0 0 0 0 0
20 19 18 16 9 10 11 12 4 2 3
Majrakath
19 16 09 04 00 06 14 06 00 05 05 05 12 03 01 05 04 08 00 01 06 01 00 08 01 08
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
48 67 65 02 32 26 60 94 34 51 09 39 49 69 54 01 57 38 27 77 71 54 43 03 76 75
207 224 236 237 238 239 241 410 411 412 413 407 392 384 383/772 383 380 378 372 371 369 276 277 360 359 3574288 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA 27,1923 [PART II— Sbc. 3 (ii)] 1 2 "T L 4 354 355 359/785 353 351 352 343 344 341 339
3 0 0 0 0 0 0 0 0 0 0
5 45 "" 39 54 79 33 76 81 47 52 62
00 07 01 00 13 07 01 04 02 08
Kalipahari
90 91 92 93 89 85 79 77 70 69 64 63 58 57 56 52 51 37 34 33 32 31 30 29 26 25 24 23 22
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
07 04 05 13 00 06 06 06 01 06 04 03 08 07 06 06 16 01 11 03 02 02 02 02 00 02 03 02 05
48 58 32 01 20 13 35 82 76 60 07 85 36 15 27 22 94 47 74 96 44 42 27 64 44 50 00 81 06 Janakslnghpura
297 284 308 283/347 283 256
0 0 0 0 0 0
41 02 00 02 01 04
44 15 40 04 27 664289 1 I 4 I 5 I 2 _J258 260 261 240 239 238 237 235 234/341 236 234 229 227 165 199 198 171 175 188/339 188 178 181 183 152
3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
15 16 04 02 00 04 01 11 02 00 00 06 02 10 10 05 18 03 00 04 11 12 07 03
51 50 68 70 81 09 17 26 66 20 20 44 15 15 77 29 43 49 20 01 68 73 65 29 Belani
484 487 346 343 344/517 344 345 328 330 284 285 281 270 268 260 257 255 254
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
09 08 05 00 00 06 07 17 04 06 10 04 10 16 18 19 00 08
68 64 05 49 20 85 25 65 09 41 50 92 17 50 17 77 65 96 Shahjahanpur
580 572 123
0 0 0
02 08 19
15 89 49 2 - H5 t il 2 0 01 204290 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA 27,1923 [PART II— SEC. 3 (ii)) 1 1
5 00 00 95 49 66 84 65 56 20 48 48 36 84 51 52 14 45 00 86 85
3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
" " 2 . .. I 122 102 103 99 79 80 81 7B 76 68 71 70 32 31 26 16 15 16 14 19
4 20 06 05 06 10 04 02 D5 00 11 02 10 07 04 11 01 04 01 02 08
Sanseri
05 00 01 05 04 04 00 03 03 05 00 03 03 05 02 05 02 01 02 01 07 00 01 02 00
83 20 94 30 53 31 21 01 16 10 91 47 72 94 75 49 47 11 57 92 24 44 54 59 20
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
1032 1033 1031 1034 1035 1036 1074 1041 1042 1040 1044 966 068 "67 933 935 936 938 S37 869 641 876 842 843 8364291 . 4___. _[ 5 37 96 06 20 06 31 86 55 82 30 25 40 99 39 33 82 47 29 63 20 91 34 64 51 64 69 71 25 68 25 20 29 50 93 05 63 21 22 28 49 11 90 54 14 31 59
04 04 08 00 06 00 02 03 03 04 04 04 03 01 01 00 02 05 04 00 03 03 03 03 03 03 03 00 03 09 00 00 01 01 02 02 03 00 00 00 01 01 03 03 03 02
3 ' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
2 846 847 848 Mln 849 Min 734 Min 748 747 737 738 722 709 710 695 697 698 684 685 680 669 670 659 654 649 645 507 505 504 503 502 494 495 407 406 405 404 403 402 401 399 398 397 396 392 391 390 3894292 TI IE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA 27,1923 |PARTII—Stc. 3 (n)] 2 i_
L 1
5 07 04 26 11 31
4 [_ 04 07 00 06 08
3 I 0 0 0 0 0
388 220 219 217 216
Jonayacha Khurd
20 43 74 78 37 65 67 70 06 15 25 72 52 08 85 68 73 20 28 99 81 04 34 39 20 20 20 57 31 30 50 05
00 04 03 02 07 01 02 13 05 03 00 00 06 03 03 09 01 00 05 09 07 02 10 04 00 00 00 05 01 03 00 07
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
1303 1301 1298 1297 1296 1242 1241 1240 154 153 156 150 161 162 163 165 166/1895 167 170 169 128 118 119 120 111 18 20 21 22 23 24 25
Shriyani
74 22 09 09 20 37 45 62
04 00 05 03 00 04 00 04
0 0 0 0 0 0 0 0
661 660 662 652 656 653 651 6504293 1 L_ 2 I 4 I 03 02 01 03 01 00
5 74 78 74 58 08 42
3 0 0 0 0 0 0
642 641 640 635 634 632
Gugalkota
20 68 01 63 12 44
00 05 07 10 01 08'
0 0 0 0 0 0
16 15 9 8 1 2
Kankar
58 61 91 20 20 77 55 74 30 15 82 11 22 51 09 89 02 21 24 02 75 28 92 28 75 74 04 20 32 00 35 99 25
08 04 03 00 04 06 17 13 16 06 00 06 04 09 03 02 05 03 02 02 00 00 04 00 00 03 06 07 03 05 10 03 03
0 0 0 0 0 0 0 0 0 0< 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
1097 1098 1099 1104 1103 1102 1112 1113 1115 931 929 928 926 874 875 876 877 880 881 884 863 898 885 886 895 862 861 859 351 352 353 836 8354294 THEGAZETTEOFINDIA: AUGUST 18,2001 SRAVANA27,1923 [PARTII—SEC. 3 (ii)] 1 2
4 08 06 06 07 05 09 05 04 01 03 02 02 04 09 08 01 08
5 75 49 02 37 67 05 12 57 79 17 45 94 76 63 Q6 54 14
3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
526 531 530 544 549 594 593 592 587 588 584 585 580 577 572 571 570
[No. R-25011/28/2001OR-I1
S. CHANDRASEKHAR, Under Secy4295 42% THE GAZETTE OF INDIA AUGUST 18,2001 SRAVAN A 27,1923 [PART II—Stc 3 (u)] 4297
241"; {,1/2001 21
4298 THL GAZETTE OF INDIA AUGUST 18,2001 SRAVANA 27,1923 [PARI II—SFC ") (u)l 4299 4W THE GAZETTE OF INDIA: AUGUST 18,2001SRAVANA 27,1923 |PARTII—Stc. 3 (ii) 4301 4302 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA 27,1923 [PART II—SEC. 3 (ii)]-HOT
4.W THE GAZETTE OF INDJA: AUGUST 18.200 JSRAVANA 27,1923 [Pmi II—SEC. 3 (ii)l 43052415 GI/2001 224306 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA27,1923 [PART U—SEC 3 (iij]
New Delhi, the 9th August, 2001
S. o. 2O72.-Whereas, it appears to the Central Government, that it is necessary in the public interest that for the transport of Cf tide Oil from Viramgam in the State of Gujarat to Panipat in the State of tiaryana via Chaksu in the State of Rajasthan, a pipeline should be laid by the Indian Oil Corporation Limited for implementing the "Augmentation of Viramgam - Chaksu, Chaksu - Panipat and Chaksu - Mathura sections of Salaya - Mathura Pipeline System";
And, whereas, it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the right of user in the land under which the said pipeline is proposed to be laid which is described in the Schedule annexed to this notification;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, *!$62 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user in the land described in the said Schedule;
Any person interested in the land described in the said Schedule may, within twenty-one days front the date on which the copies of this notification, as published in the Gazette of India, arc made available to the general public, object in writing to the acquisition of the right of user therein or laying of the pipeline under the land to Shrl Stmil Sharma, Competent Authority, Salaya- Mathura Pipeline (Augmentation) Project, Indian Oil Corporation Limited, 33, IVIuktanand Nagar, Gopalpura ByePass, Jaipur-302 018.
4307SCHEDULE
Tehsll: KHARCHI
State : RAJASTHAN
District: PALI
Sq.mtr.
Khasara No.
Hectare
Name of the Village
2
Area Are 4
6
3
1
94
1651
0
27
DEOLI
1652
45
48
0
1654
40
0
51
1594
40
0
03
1595
40
0
01
1596
08
30
0
1597
0
00
20
1593
68
0
01
1592
0
20
04
1199
0
00
20
1200
0
10
34
1183
0
07
84
1183/1679
11
0
98
1176
0
16
37
1180
0
00
20
1177
0
02
99
1178
0
00
30
1179
0
07
62
1153/1
0
08
65
1153/2
0
07
66
1153
72
0
00
1152
0
00
20
1135
0
08
29
1143
0
04
50
1141
0
18
96
1136
0
00
20
1137
0
21
89
1104
0
28
42
1105
0
09
90
1101
0
02
11
1106
0
00
48
1100 •
0
21
24
1099
0
20
32
1069
0
05
66
1270
0
00
604108 THbCiAZETTEOFINDIA:AUGUST18,2001SRAVANA27,1923 [PART II—SEC. 3 (ii)] 1 I 2 6 95 I 3 | 0 1273 4 I 16 25 0 1277 76 34 82 0 1283 1282
1284
1050
1049
1043
1009
1010
1012
1013
1002
999
904
914
915
878
877
876
872
871
867
865
864
861
857
946
947
948
244 00
51 0
01
28 0
23
49 0
07
0
04 46
0
57 0
25
15 0
09
70 02
57 0
11
94 0
07
0
82 24
0
30 09
27 0
0
06
36 01
0
0
00
00
47 94 65 0
28
44 0
31
0
51 32
10 0
15
36 0
12
36 0
08
24 0
12
46 0
18 0
34 0
13 22
0
18
12 00
0
30 39
0
69 JETPURA
201
203
204
2iC
213
214
279
278
273 09
10 0
0
12
29 21
0
08 57
55 0
0
10
25 0
36
04 07
0
91 07
0
86 10
46 04309 I 2 1 4 | I 6 1 I r~3 i 17 KADU 13 20 01 01 15 221 222 175 172
162
169
166
167
165
150
151
148
129
114
108
113
112
109
110
111
52
51
53
30
29
28
18
17
16
14
12
13
4
3
678 GURA KESHAR SINGH
679
680
681 MIN
681/2
681/3
84 34
36 19
06 09
0 0 0 0 0 0
14
83 0
86 0
00
20 0
00
80 13
0
65 08
0
74 11
0
13 36
0
20 00
0
40 0
00
53 12
0
03
31 0
32 15
0
20 00
0
59 0
20
88 02
0
78 09
0
86 05
0
68 09
0
48 23
0
91 0
03
94 0
11
11
84 0
00 09
0
35 02
0
59 02
0
87 0
10
12 0
11
11
43 0
13 03
0
70 0
10
11
63 0
65 0
01
06
0
05
0
13 254110 THE GAZETTE OF INDIA. AUGUST 18,2001 SRAVANA27,1923 |PARI II—Sue. 3 (ii)l I 2 I 4 |, 2386 05 5 23 JATIYON Kl DHANI 2357 46 05 2348 22 96 2347
2346
2345
1268
1263
1264
1260
1261
1255
1221
1215
247 32
02
69 06
39 20
13 13
38 06
03
50
I 3 i 0 0 0 0 0 0 0 0 0
12
35 03
23
18 13
10
91 03
71 14
57 ANGDOSH
246
248
249
370
366 344
340
342
306
307
337
309 334
327
328
2
273 00
20
10 17
04
84
81 19
22 11
21
06
39
72 99 37 69 03
02
33 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
00
20 29
33
51 73 47 09
03
10 12
0 0 0 0 0 0
0
RADAWAS
GADANA
275
276
312
309
308
307
282 284
39 97 63 05 11
0
94 11
0
29 0
03
05
56 0
35 05
0
80 06
0
71 39
0
07
21 04311 1 I 2 3 0 5 12 285 4 11 09 0 06 286 287 00 0 80 288
233
232
189
194
198
199
205
202
217
216
151
149
150
15
43
40
39
60
354 RANAWAS
356
353
347
346
345
343
344
337
340
339
385
386
394/882
390
39
38
37 0
13
59 03
0
60 13
0
39 03
0
45 28
0
21 02
0
88 01
0
85 25
0
81 01
0
91 0
31
40 0
97 19
30
0
89 0
00
20 0
41
90 0
71 03
0
06
80 27
0
39 20
90 0
0
22
14 0
11
01 0
20 00
00
0
90 0
09
23 0
04
94 0
05
77 07
52 0
44 0
08
0
78 09
0
38 06
47 0
09
0
88 09
74 0
05
0
80 02
28 0
13
0
24 06
0
87 11
0
32 004112 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA27,1923 [PARr II—SEC. 3 (ii)| 1 I 2 40 I 4 | 05 I 3 | 0 5 25 54 06 47 0 53 07 0 80 52
51
49
101
102
104
277 0
09
06 08
0
32 07
0
50 19
0
15 02
0
20 0
52 15 11
0
96 BARI
275
274
269/1
264
263
262 71
66
72
73 74
63
60
58
59
57
53
26
25
17
1
16
12
2
3
87 11
33 0
01
0
42 01
54 0
09
91 0
00
0
20 03
0
35 0
09
78 07
0
46 26
0
77 17
25 0
0
05
79 0
55 - 10
0
28
06 14
93 0
00
20 0
10
23 0
27
0
54 14
93 0
21
05 0
00
31 0
19
05 0
02
83 0
06
0
36
0
02
44 29 06 0
0
12
37 GOPAWAS
110 109 107
104 25
44 0
41
60 0
25
95 0
23
89 04313 1 I 3 5 26 2 60 150
41 NIMBLI (MANDA)
149
148
147
137
134
130
133
15
23
28 27
26
53
52
55
58
59
60
1009
42
82 0 0 0 0
24 4 02 14 22 07 15 67
13
12 0 0 0
41 04 21
0 0
28
93 0
01
96
25 08
0
02
48 0
93 05
0
96 37 08 12
74 00
0 0 0
07 02
0
93 09
0
36 12
0
20 00
0
37 00
0
MANDA
1012
1008
1023
1024
1026
1029
1119
1118
1136
1117
1137
1138
1110
1109
1094
1095
1086
1084 2 ITS GI 200 I 21
70 30
0
25 19
0
74 0
11
01
85 0
97 19
0
25 12
0
96 08
0
95 25
0
20 00
0
20 00
0
00 13
0
65 0
08 29
71 0
44 30
0
23 28
0
17 20
0
47 18
0
28 00
04314 THE GAZETTE OF INDIA: AUGUST 18,2001SRAVANA 27,192J [PART H^-SEC. 3 (ii)] & * I 1 I I 2 I. 3 I 1204 57 0 20 1237 0 29 36
1233
0
33
90 0
1286
71
10
1285
0
11
53
1284
0
38
51
1283
0
27
76
1313
0
07
82
1314
0
15
81
1315
812
801
802
804
805
806
799
733
735
763
762
761
229 0
05
15 0' 20
18 0
08
67 0
22
86 0
00
20 0
12
60 0
11
78 0
01
96 0
1&
29 0
21
64 0
36
96 0
00
78
29 0
32
04
63 0'
HAMEERWAS
228
227
226
225
224
223
222
220
219
307 0
10
91 0
01
34
67 0
14
0
03
60 0
10
78 0
08
49 0
13
51 0
26
25 0
01
49
57 0
02
RAJOLAKHURD
308
309Min
304
303
296-
297
04
0
76 0
26
64 0
16
34
01
03 0
07
34 0
07
08 04315 1 I 2 | I 5 I" 4 I 27 44 r3 !0 271 20 0 00 270 23 12 273 0 274
241
230
252
231
224
223Min
218Min
216
215
346
345
208
206
197
197/1
198/1
198Min
195
194
190
376
38 04
85 33
0 0
13 0
46 38 07
0
00
20 0
87 0
10
59 0
42
74 0
21
00
20 0
08
20 0
24 24
0
17 0
03
18
28 0
73 0
16 03
0
35 13
51 0
12
0
36 13
31 0
04
0
32 36
0
16
45 0
0
18 02 13
KANTALIYA
375
374
373
18
17
13
12
5
6
111 Min
112
115
259 19
91 0
0
37 11
04 31
0
23
0
95
67 19
0
09
0
76 0
69 01
0
58 39
0
44 12
0
27 0
06 29 82 17
0
09 0
12 11
BORNADI
256
74 0
484116 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA 27,1923 IPART II—Stc 3 (ii)l I 2 I 4 | I 3 13 90 0 262 255 0 03 09 263 16 0 37 133
148
134
142
143
141
140
139 0
02
68
52
0
64
00
0
71
13
0
05
00
0
35
11
0
69
0
13
40
38
35
0
GUDANGARI
51
57
71
67
77
75
76
81
93
94
100 101
103
102
107 0
56
0
38 00 20
35
0
28
0
26
37
04
0
89
30
0
68
0
00
94
0
09
49
36
0
0
04
46 70 0
69
26 17
0
0
00
50 20 0
18
56
02
0
74
[No. R-25011/27/2001OR-I] S. CHANDRASEKHAR, Under Secy.
4117 4318 THEGAZETTEOFINDIA AUGUST 18,2001 SRAVANA27,1923 [PART II—SEC 3 (ii)] 4319 4320 THE GAZETTE OF INDIA. AUGUST 18,2001 SRAVANA27,1923 [PART II—SEC. 3 (ii)] 432124TS GI 2001 24H22 THE GAZETTE OF INDIA_ AUGUST 18,2001 SRAVANA27,1923 [PARTII—SEC. 3 (h)] 4323 4324 THE GAZETTE OF INDIA: AUGUST 18,2001 SRAVANA 27,1923 |PARTII—SEC. 3 (u)] 4325 4326 THE GAZETTE OF INDIA. AUGUST 18,2001SRAVANA 27,1923 [PART II—SEC. 3 (ii)] 4127
New Delhi, the 9th August. 2(K) 1
S. O. 2073.—Whereas, it appears to t he Central Government, that it is n e c e s s a ry in
the public Interest that for the transportation of Crude Oil from Viramgam in
the State of Gujarat to Panipat in the State of Haryana via Chaksu in the State
of Rajasthan, a pipeline should be laid by the Indian Oil Corporation Limited for
implementing the "Augmentation of Viramgam - Chaksu, Chaksu - Panipat and
Chaksu - Mathura s e c t i o ns of Salaya - Mathura Pipeline System".
And, w h e r e a s, It appears to the Central Government that for the purpose of
laying s u ch pipeline, It is n e c e s s a ry to acquire the right of user in the land
under which the said pipeline Is proposed to be laid and which is described in
the Schedule annexed to this notification;
Now, therefore, in e x e r c i se of the powers conferred by sub-section (1) of
section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User
* in Land) Act, 1 9 62 (50 of 1962), t he Central Government hereby declares its
intention to acquire t he right of user therein;
Any person interested In the land described in the said Schedule may, within
twenty one days from the date on which the c o p i es of this notification, as
published in the Gazette of India, are made available to the general public,
object in writing to the acquisition of the right of user therein or laying of the
pipeline under t he land to Shrl Sunil Sharma, Competent Authority, Salaya
Mathura Pipeline Augmentation Project, Indian Oil Corporation Limited, 33,
Muktanand Nagar, Gopal Pura Byepass, Jaipur, Rajasthan - 302 0 1 8.
-H28 _ _ 7ITEGA7ETTEOF INDIA AUGUST 18,2001 SRAVANA27,1923
SCHEDULE
District PALI Tehsil : DESURI
Name of the Village
Khasara No
1
2
411 BAROD
412
413
422
421
420
414
415
416
417
392
393
395
335
329
328
327
284
285
286
271
261
262
263
260
259
258
257
87
85
26
28
356 UNDARTHAL
353
349
|PARI IT—Su 3 (u)] RAJASTHAN
State :
Area
Are Sq.mtr. 1 Hectare
5
4
3 0
00
20
02
08
0
0
05
96
0
00
20
0
00
83
0
02
55
37
0
01
0
06
85
0
08
68
0
00
20
0
04
35
24
0
18
0
02
21
0
11
10
0
09
09
0
12
49
0
10
73
0
11
70
0
08
82
0
13
47
0
15
04
0
15
78
04
64
0
24
0
00
07
0
05
06
80
0
0
08
03
0
07
19
17
0
71
0
12
17
54
0
30
0
30
55
0
57
89
0
11
15
0
06
984329 4 5 1 2 77 02 347 ! 3 0 345
342
341
334
333
144
139
140
136
133
131
129
124
120
44 11
0
96 13
0
84 03
0
0
78 08
92 06
0
98 0 n
76 06
0
0
71 05
0
68 10
76 04
0
04
55 0
10
0
98
34 18
0
32 21
0
87 07
0
115/394
115
96
95
94
105
07 11
0
0
28 01
47 01
0
00
0
53
88 18
0
PADAMPURA
104
100
97
96
92
87
88
86
80
78
75
74
72
71
70
69
68
63 24)5 CU 200 I 25
32 31
0
0
04 12
68 06
0
0
09 20
60 0
21
76 19
0
97 01
0
28
45 0 0
76 07
77 07
0
0
38 05
20 00
0
0
86 02
12 04
0
03
0
19 0
61 03
02
0
86
48 00
04330 THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA 27,1923 [PARFII—SEC. 3 (ii)] 1 429 3 0 4 02 DHALOP 11 364 0 73 28 0 363 15 362
291
68 97 17
0
0
76 01
KOTADI
292
308/910
308/911
316
332
344
342
346
114
116
121
128
137
141
397
396
395
398
4490 24
0
50 16
0
03
0
97 77 42 04
0
12
0
68 00
0
58 29
90 0
11
0
30
0
0
46 88 17 20
00 18
0
0
50
12 03
0
73 57 24
0
06
63 0
08
19 0
11
0
46 21
0
07
0
00 02 NADOL
4489
4494
4491
4492
4496
4497
4503
4514
4515
4511
4519
4510
4093
4091
4589
4521 00
0
20
54 00
0
81 24
0
19
63 0
57 0
06
97 13
0
03
0
25 00
64 0
22
34 0
11 13
0
84 08
0
00
48 0
54 07
0
77 03
0
16
54 0
00 12
0 •mi1 2 4 16 5 61 3 0 4583 07 65 4579 4657
4655
4667
4666
4663
4668
4684
4685
4683
4688
3836
3801
3800
3807
3808
3809
3810
3787
3811
3482
3483
3484
3486
3490
3485
3461
3464
3458
3292
3288
3281
3283/5568/1 3283
3282
3283/5568/5848 3259
78
13
0 0
00
13
00
22
0 0
73
00
0
29
18
0
00
20
0
07
76
0
73
10
0
37
00
0
33
02
0
88
01
0
11
49
0
65
08
0
0
00
99
56
0
14
03
64
0
0
66
23
0
00
0
20 57
15
66
0
26
0
08
97
06
96
0
19
0
65
00
0
20
24
0
06
04
0
29
21
0
03
22
er
0 0
00
20
19
0
28
0
00
48
02
0
82
0
05
46
07
0
93
0
07
13
0
14
15
3347
32S8
00
0
23
00
0
464 ^2 I MF GAZETTE OF INDIA AUGUST 18 21 SRAVANA 27, 1923 [PARI II—Sir 1 (ii)l 4 5 1 2 43 50 GURA KESAR SINGH • 09 44 09 45 3 0 0 0
00
44
08
08
0
43
01
37
04
0
13
73
14
13
0
50
127
00
0
JIWAND KHURD
0
20
128/429
00
129
31
01
92
33
30
0 0
07
82
0
04
79
79
19
0
0
78
82
19
0
100
52
00
32
61
0
39
33
17
55
38
20
63
0 0
41
0
94
07
39
00
20
0
0
25
68
05
209
01
70
0
40
0
77
222
11
91
0
223
221
17
73
0
0
39
215
08
0
215/2
20
50
216/1
0
00
66
216
00
20
0
BORDI
0
626
59
05
0
73
15
632 617
0
53
23
613
0
29
68
333
0
39
53
271
06
29
277
0 0
40
49
110
11
10
0
111
15
0
51
49
112
20
0
0
113
36
18
100
06
89
04333 3 4 5 26 30 1 2 99 98 41 0 0 31 95 0 10 33 94
92
42
40
38
37
36
190
88 32
0
02 01
0
67 07
69 14
26 0 0 0
13
80 08
04
12 0 0
86 23
BOLAKURA
189
196
195
203
205
206
208
209
319
317
316
311
313
294
293
283
235 0
0
94 09
73 0
01
07
85 0
85 0
33
27 08
0
0
02 10
02 0
18
02
69 0
0
85 06
77 25
0
0
33 21
24
42 0
17
99 0
20 0
00
12 0
28
48 0
13
0
23
GHENRI
234
234/850
234/851
217
216
209
210
211
194
197
200
183
86 0
30 01
11 04
51 13
0 0
87 0
02
0
04
39 48 10
0
0
16
78 03
42 0
95 22
0
0
21
13 0
24
02 0
19
334134 THE GAZETTE OF INDIA: AUGUST 18,2001SRAVANA 27,1923 [PART II— SLC. 3 (ii)] 3 1 2 5 27 182/3 0 4 02 182/2 0 05 95 187 0 14 98 154
157
28
27
25
32
38
44
45
46
47
48
822 0
21
09 0
04
49 0
10
22 0
01
13 0
20
58 0
08
40 0
19
36 0
22
40 11
0
96 0
05
33 0
12
35 0
02
40 0
00
21 PILOWANI
823
858
859
860
876/1
876/2
876/3
876
874/1
874/2
874/3
874/4
874/5
874
875/1
875/2
875
877
245 0
12
73 0
06
05 0
06
57 0
08
58 0
03
43 0
02
55 0
02
88 0
00
65 0
00
20 0
00
20 0
00
63 0
00
95 0
01
32 0
06
50 0
01
40 0
01
62 0
06
22 0
07 11
0
27
SIWAS
244
243
242
241/806
42 0
44
46 0
15
88 0
08
20 0
05
804335 : 4 3 1 2 5 24 06 0 241 14 22 238 0 77 237 05 0 236
33
39
45
44
43
49
21
20
81
80
83
84
89'
90
92
96
170 04
65 0
13 05
0
71 11
0
31 23
0
00
38 0
13
08 0
04
44 0
53 16
0
37 53
0
52 0
1.1
47 17
0
14
84 0
11 27
0
07
21 0
00
0
20 01
0
33 01
0
25 07
0
46 GURA DOLJI
138
141
142
124
121
120
119
118
117 12
0
12 29
00 d
04
0
16 05
0
32 07
36 0
28 10
0
12
22 0
04
97 0
05
0
64 KHIWARA
176
172
181
171
170
184
168
167 40
0
12
74 08
0
07
32 0
09 01
0
76 0
02
10 0
40
14
66 0
- 29
20 04116 THE GAZETTE OF INDIA AUGUST 18 200 1 SRAVANA 27,1923 [PAR I II—SEC 3 (n)] 3 1 ! 2 4 5 167/1397 0 03 70 166 0 35 05 0 04 10 165 197
196
198
202
203
204
205
206
207
209
208
151
108
109
100
99
99/1409
79
80
83
76
43
42
04 0
14
0
20
00
0
11
57 0
15
08
07
80 0
87 0
07
07
71 0
0
08
06 0
05
95 0
13
26 0
00
20 0
20
40 0
13
39 0
04
42 0
19
80 0
81
15
0
13
01 0
13
92 0
14
56 0
03
25 0
19
20
07
11 0
0
10
11 [No R-2.W11/29/2001 OR-I1 S CHANDRASEKHAR, Under Secy AVH 2415 GI/2001 - 264338 THEGAZETTEOFINDIA: AUGUST 18,200LSRAVANA27,1923 [PARTII—SEC. 3 (ii))
New Delhi, the 9th August, 2001
s. o. 2074.— Whereas it appears to the Central Government that it is necessary in the public interest that for the transport of crude oil from Vadinar in the State of Gujarat to Bina in the State of Madhya Pradesh, the pipeline should be laid by the Bharat Oman Refineries Limited;
And whereas, it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the right of users in the lands described in the Schedule annexed to thia notification;
Now, therefore, In exercise of powers conferred by sub-section (I) of the section 3 of the Petroleurp ~and Minerals Pipelines (Acquisition of tyt6 Right of User in Land) Act, 1962 ( 50'of 1962 ), the Cehtral Government hereby declares its intention to acquire the right of user therein;
Any person interested in the land described in the said Schedule may within twenty-one days from the date on which the copies of this notification, as published in the Gazette of India, are made available to the general public, object in writing to the acquisition of the right of user therein or laying of the pipeline under the Land to Shri Deepak Deahpande, the" Competent Authority, Bharat Oman Refineries Limited, A-Block, BPCL Office, Office Complex, Gautam Nagar, Bhopal - 462 023, Madhya Pradesh.
st in ni i.n
Slate : Madhya Pradesh
Name of village
Survey N".
District
Tdutt
Sr. No.
Area Hecran/ Are 6
1
4
5
3
2
i
0 225
6^6
Khaiuri
Rajgaih
Rajparh
0 040
197
Makdawan
Ujjam
Badnagar
Z
0 0
<<2O
OuKali
larftnn
0810
303
Ghatiya
Meen
97
0 080
Ralayata Hcwat
[No. R-25027/1/2000 OR-II] HAR1SH KUMAR, Under Secy4339 4340 _ THE GAZETTE OF INDIA AUGUST 18,2001 SRAVANA27,1923 [PART II—SEC. 3 (ii)]
New Delhi, the 16th August, 2001
S. O. 2075.— Whereas by the notification of the Government of India in the Ministry of
Petroleum and Natural Oas number 3.O. 818 dated the 20th April 2001 issued under
sub- section (1) of section 3 of the Petroleum and Minerals pipelines (Acquisition of
Right of User In Land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act)
the Central Government declared Its Intention to acquire the right of user in the
lands specified In the schedule appended to that notification for the purpose of
laying pipeline for the transport of petroleum products from Chennai to Madural via
Tlruchlrapalll In the State of Tamil Nadu by Petronot CTM Limited ;
And whereas, copies of the said notifications were made available to the public
on 8-5-2001;
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
lands 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, vest from the date of
publication of this declaration, In the Petronet CTM Limited free from all
encumbrances.
SCHEDULE
State :
Tamil Nadu
District
Tiruvallur
Taluk : Tiruvallur
Area
A ie
o Sub-Qivision no
| Sq rnti
Survey n
Hectare
Name of the Vi lage
3
5
2
4
_J _J2
-
11
0
22
No.87 VEPPAMBATTU
19
06
0
60
20
01
0
30
2^
03
60
20
2A1A3B
p
64
2A1A3A
0
20
20
[No R-31015/18/2000OR-I1 S CHANDRASEKHAR, Under Secy4341 4342 THE GAZETTE OFINDIA: AUGUST 18,2001/SRAVANA27,1923 (.PART II—SEC. 3(ii)J
MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
(Department of Consumer Affairs)
New Delhi, the 3rd August, 2001
S. O. 2076.—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 (ApprevaJjjf Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render its 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 dispensing pump (dual cabinet type with 2 pumping units) with digital display (hereinafter referred to as the Model), and of "G 2003 P" series with brand name "Century G 2000" manufactured by M/s Teletcch Instrumentation Private Limited, 28/48, Kharadi, Off NagarRoad, Pune-411 014 and which is assigned the approval mark IND/09/01/06;
The model is a dispensing pump with digital indication having maximum flow rate 90 litres per minute. The minimum flow rate is 5 litres per minute. The graduation interval is 10ml. The display unit is of Liquid Crystal Display (LCD) type The instrument operates on 220 volts and50 hertz single phase or 420 Volts, 50 Hertz three phase, alternate current power supply. It has preset facility to deliver fuel by money value or volume. It is used for dispensing petrol, diesel, Kerosene and Mineral turbine oil.
[ENo.WM-21(125)/98]
P. A. KRISHNAMOORTHY, Director, Legal Metrology4343 4344 THEGAZETTEOFINDIAAUGUST18,2001/SRAVANA27,1923 [PART II—SEC. 3(ii)]
New Delhi, the 3rd August, 2001
S. O. 2077.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by sub-sections (7) and (8) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of model of non-automatic weighing instrument (Table top counter scale type) with digital indication (hereinafter referred to as the model) of 'TTCS' series belonging to Medium accuracy class (accuracy class III) and with with brand name "WEIGH MASTER", manufactured by M/s Jain Electronic & Weighing Instrument Co., U/22, Akshganga Complex, Main Road, Mango, Jamshcdpur, Jharkhand Stalc-831 012, and which is assigned the approval markIND/09/00/252,
The model is a non-automatic weighing instrument (table top counter scale type) with digital indication of maximum capacity 12 kg, minimum capacity 20 g. The value of verification scale interval (e) is 1 gupto 6 kg and 2 g in the range of 6 kg to 12 kg The display unit is of light emitting diode. The instrument operates on 230 V, 50 Hertz alternative current power supply
Further, in exrccise of the power conferred by sub-section (12) of section 36 of (lie said Act, the Central Government hcrebs declares that this certificate of approval of the model shall also cover the weighing instalments of similar make, accuracv and performance of same scries with maximum capacity upto 50 kg and with number of verification scale inlcr\al(n) m the range 100 to 10,000 for V value in the range 100 mg to 2 g and with number of verification scale interval (n) in the range 500 to 10.000 for 'c' value more than 5 g and with 'e' value to 1 * 10\ 2* l()k and 5 * 10\ kbeing a positive or negam e 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(95)/99]
P. A. KRISHNAMOORTHY, Director, Legal Metrology4345 2435 G1/2001— 274346 THE GAZETTE OF INDIA. AUGUST IB, 2001/SRAVANA 27,1923 (PART II—SEC 3(n)]
New Delhi, the 3rd August, 2001
S. O. 2078.—Whereas the Central Government, after considering the report Submitted to it by the prescribed authority, is satisfied thai. Vnc model described in the said report (sec figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) 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 \ aned conditions,
Now, therefore, m exercise of the powers conferred by sub-sections (7) and (8) of section 36 of the said Act. the Central Government hereby publishes the certificate of approval of the model of non-automatic weighing instruments (Table top type) with digital indication (hereinafter referred to as the model) of "ITS'series belonging to high accuracy class (accuracy class II) and with brand name "WEIGH MASTER", manufactured by M/s Jain Electronic & Weighing Instrument Co , U/22, Akshgjnqa Complex, Main Road, Mango, Jamshedpur, Jharkhand Siale-831 012, and which is assigned the appro\;il mark INP'09 HO/253,
The model is a non-automatic weighing irtstruniem \vA-' top type) with digital indication of maximum capacity 10 kg, minimum capacity 50 g. The value of verification scale interval (c) is 1 g. The display unit is of light emitting diods. The instrument operates on 230 V, 50 Hertz alternative current power supply
Further, in exrccise of the power conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval Of the model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity ,.,-Lo ^< kg and with number of verification scale interval (n) in the range 100 to 1,00,000 for 'e' value 1 mg to 50 mg and with number of verification scale interval (n) in the range 5000 to 1,00,000 for V value of 100 mg or more with 'c' value to 1 * 10k, 2* 10" and 5* 10", k being a positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved Model have been manufactured.
LFNo.WM-21(95)/99)
P. A KRISHNAMOORTHY, Director, Legal Metrology4347 4348 THEGAZETTE OF INDIA: AUGUST 18,2001/SRAVANA27,1923 [PART II—SEC. 3(ii)]
New Delhi, the 3rd August, 2001
S. O. 2079.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (sec figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by sub-section (7) and (8) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of non-automatic weighing instrumcns (Platform type) with digital indication (hereinafter referred to as the model) of 'PFS' scries belonging to Medium accuracy class (accuracy class III) and with brand name "WEIGH MASTER", manufactured by M/s. Jain Electronic & Weighing Instrument Co , U/22, Akshganga Complex, Main Road, Mango, Jamshedpur, Jharkhand Statc-831- 012, and which is assigned the approval markIND/09/00/251,
The model is a non-automatic weighing instrument (Platform type) with digital indication of maximum capacity 120 kg, minimum capacity 200 g. The value of verification scale interval (c) is 10 g upto 60 kg and 20 g in the range of 60 kg to 120 kg. The display unit is of light emitting diode. The instrument operates on 230 V, 50 Hertz alternative current power supply.
Further, in exercise of the power conferred by sub-secuon (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 5 tonne and with number of verification scale interval (n) in the range 100 to 10,000 for 'c'value 100 ing to 2 g. and with number of verification scale interval (n) in the range 500 to 10,000 for 'c' value of 5 g or moreand with V value to lxl(),2><10,and5x 10, wherek isancgative orpositivc whole number or zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model have been manufactured.
[F No. WM-21(95)/99]
P. A. KRiSHNAMOORTHY, Director, Legal Metrology ___43494350 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)]
New Delhi, the 3rd August, 2001
S.O. 2080.—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 conforimity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, dual range (Table lop type) weighing instrument with digital indication of "RL" series of Medium accuracy (Accuracys class III) and with brand name "FS" (hereinafter referred to as the model), manufactured by M/s. F 16 Systcch India Ltd., 404, Rimsan Industrial Estate, Chinchoti Bundar Road Extension, Malad(W) Mumbai-400064 and which is assigned the approval markIND/09/2001/30;
The said model (figure given) is a weighing instrument (dual range) with a maximum capacity of 12 Kg. and minimum capacity of 20g. The verification scale interval value (e) is lg. upto 6 kg. and 2g. above 6 kg. upto 12 kg. It has a tare device with a 100 percent subtractive retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operate 230 volts and 50-Hertz alternative current power supply;
Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make and performance of same scries with maximum capacity upto 50 kg. and with number of verification scale interval (n) in the range of 100 to 10,000 for 'e' value of lOOmg to 2g and with number of verification scale interval(n) in the range of 500 to 10,000 for 'e'value of 5g. or more and with 'c'value 1x10 k, 2x10 k, 5x10 k, 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 material with which, the approval model have been manufactured.
[F. No. WM-2I(157)/2OO0]
P A KRISHNAMOORTHY, Director, Legal Metrology4351 4352 THE_GAZETTE OF INDIA . AUGUST 18, 2001/SRAVANA 27, 1923 |PAKI II—Srr. 3(n)]
New Delhi, the 3rd August, 2001
S.O. 2081.—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, 1967 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions,
Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, dual range (Table top type) weighing instrument with digital indication of "P.M." series of Medium accuracy (Accuracy class III) and with brand name "FS" (hereinafter referred to as the model), manufactured by M/s F 16 Systceh India Ltd , 404, Riinsan Industrial Estate, Chinchoti BundarRoad Extension, Malad(W) Mumbai-400064 arid which is assigned the approval mark IND/09/2001/31
The said model (figure given) is a weighing instrument (dual range) with a maximum capacity of 60 Kg. and minimum capacity of lOOg. The verification scale interval value (e) is 5g upto 30 kg and lOg above 30 kg upto 60 kg It has a tare device with a 100 percent subtractivc retained tare effect. The Light Emitting Diode display indicates the weighing result The instalment operater on 230 volts and 50-Hert7 alternative current power supply, Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 10,000 for 'e' value of lOOmg to 2g and with number of verification scale interval(n) in the range of 500 to 10,000 for V value of 5g or more and with 'en value lxlOk, 2x1 ()k, 5xI0k, k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle design and with the same materials with which, the approved model have been manufactured
[F No WM-21(157)/2000]
P A KRISHNAMOORTHY, Director, Legal Metrology # 53 2435 GI/2001—284 - *^ THE GAZETTE OF INDIA : AUGUST 18, 20O1/SRAVANA 27, 1923 [PART II—SEC. 3(ii)l
New Delhi, the 3rd August, 2001
S.O. 2082.—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 confimity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Platfrom type) weighing instrument (dual range) with digital indication of "PM" scries of Medium accuracy class (Accuracys HI) and with brand name "FS" (hereinafter referred to as the model), manufactured by M/s. F "6 Systech India Ltd , 404, Rimsen Industrial Estate, Chinchoti, Bundar Road Extension, Malad(W) Mumbai-400064 and which is assigned the approval mark 1ND/09/2001/12
The said model (figure given) is a weighing instrument (dual range) with a maximum capacity of 12 kg. and minimum capacity of 200g. The verification scale interval (e) value is lOg upto 60 kg and 20 g upto 120 kg. It has a tare device with a 100 per cent subtractive retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and 50-Hertz alternate current power supply;
Further, in exercise of the powers conferred by sub-secuon (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make and performance of same series with maximum capacity upto 5000 kg and with number of verification scale interval (n) in the range of 500 to 10,000 for V value of 5g or more and with c1 value l*10\ 2*10\ 5*10\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 material with which, the approval model have been manufactured.
IF No. WM-21(157)/20OOJ
P. A. KRISHNAMOORTHY, Director, Legal Metrology4355 4356 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC 3(ii)]
i\ew ueini, inc Jra August, zwi
S.O. 2083.—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 automatic filling machine (dosing pump) DI-AG scries (hereinafter referred to as the model), with brand name "Superseal" manufactured by M/s Desbmukh Industries, Bhosalc-Pagariya Complex (Dilasa Place), Gavhane Vasti, (Bhosari), Punc-411039 and which is assigned the approval mark IND/09/2001/42.
The said model is automatic filling machine (dosing pump of DI-AG series). The ranges to be covered under this model is from 5g to 500g or of equivalent volume. Its output is 40-50 pouches per minute. It packs lime, jam, jelly, paste, grease, shikand etc It operates on single phase 230 volts and 50-Hz
[F.No. WM-21(21)/2001]
P A KRISHNAMOORTHY, Director, Legal Metrology4357 4358 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)]
New Delhi, the 3rd August, 2001
S.O. 2084.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions,
Now, therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of a mechanical counter machine with brand name "1 KON S ANTRO" (hereinafter referred to as the model), manufactured by M/s. Jay Shankar Scale Co., Mangrolrya Wadi, Vishvvakarma Nagar, Nr. Shivaji Nagar, Savarkundla-364515 (Gujarat), and which is assigned the approval mark IND/09/ 2000/308;
The said model (see the figure) is a Machamcal counter machine. Its maximum capacity is 10 kg Further, in exercise of the powers conferred by sub-section (12) of Section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same scries with maximum capacity upto 50 kg and manufactured by the sumc 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(193)/2OOO]
P. A KRISHNAMOORTHY, Director, Legal Metrology4359 4360 THE GAZETTE OF INDIA AUGUST 18, 2001/SRAVANA 27, 1923 [PARI II—SEC 3(ii)J
New Delhi, the 3rd August, 2001
S.O. 2085.—Whereas the Central Government, after considering the report submitted to H by the prescribed authority, is satisfied Lhat the model described in the said report (see figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions,
Now, therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Table lop type) weighing instrument with digital indication of "CA" series of Special accuracy (Accuracy Class I) and with brand name "CONTECH" (hereinafter referred to as the model), manufactured by M/s Contech Instrument Company, Plot No EL 221, M I D.C. Electronic Zone, MHAPE, Navi Mumbai-400701 and which is assigned the approval mark IND/09/ 2001/7,
The said model (figure given) is a weighing instrument with a maximum capacity of 120 g and minimum capacity of lOOmg The verification scale interval value (e) is I mg. It has a tare device with a 100 per cent subtractivc retained tare effect. The Light Emitting Diode display indicates the weighing result The instrument operates on 230 volts and frequency 50-Hcrtz alternative current power supply;
Further, in exercise of the powers conferred by sub-section (12) of Section 36 of the said Section, Ihc Ccnlral Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make, accuracy and performance of same series with maximum capacity upto 50 kg and with number u[\ cnfication scale interval (n) equal toOTfriorc than 50.000 for 'e'value of equal to or more than Img and with V value Ix 10l\ 2v IO\ 5" 10\ k being the positive orT£ga l've whole number or equal to zero, manufactured by the same manufactuicr in accordance with the same principle, dSSigti .ind with the same material with which, the approval model have been manufactured
IF No WM-21(197)/2()()()|
P. A. KRISHNAMOORTHY, Director, Legal Metrology4361 2435 G1/2001—294362 THE GAZETTE OF INDIA . AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SBC. 3(ii)]
New Delhi, the 3rd August, 2001
S.O. 2086.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 to 1976) and the Standard of Weight and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Table top type) weighing instrument with digital indication of " CT series of High accuracy (Accuracy Class II) and with brand name "CONTECH" (hereinafter referred to as the model), manufactured by M/s. Contech Instrument Company Plot No. EL. 221, M.I.D.C. electronic Zone, MHAPE, Navi Mumbai-400701 and which is assigned the approval mark IND/09/ 2001/8.
The said model (figure given) is a weighing instrument with a maximum capacity of 122 KG and minimum capacity of lOOg. The verification scale interval (e) is 2g. It has a tare device with a 100 percent subtractive retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and frequency 50-Hcrtz alternative current power supply,
Further, in exercise of the powers conferred by Sub-section (12) of the said Section, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make accuracy and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 1,00,000 for 'e' value of lmg to 50mg and with number of verification scale interval (n) in the range of 5000 to 100,000 for V value of 100 mg or more and with 'c' value l"10k, 2><10k, 5xl0v, kbeing the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle design and with the same material with which, the approval model have been manufactured.
[F. No. WM-21(197)/2000]
P. A. KRISHNAMOORTHY, Director, Legal Metrology4363 4364 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)]
New Delhi, the 3rd August, 2001
S.O. 2087.—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 Standard 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 accrate 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 pf approval of the model of the self-indicating, non-automatic, (Bench Scale type) weighing instrument with digital indication of "CP" series of High accuracy (Accuracy class II) and with brand name "CONTECH" (hereinafter referred to as the model), manufactured by M/s. Contech Instrument Company Plot No. EL. 221, M.I.D.C electronic Zone, MHAPE, Navi Mumbai-400701 and which is assigned the approval mark IND/09/ 2001/9.
The said model (with figure given) is a weighing instrument with a maximum capacity of 22 Kg and minimum capacity of lOOg. The verification scale interval (e)is2g. It has a tare device with a 100 percent subtractive retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and 50-Hertz alternative current power supply;
Further, in exercise of the powers conferred by sub-section (12) of the said Section, the Central Government hereby declares that this certificate of approval orthe Model shall also cover the weighing instrument of similar make and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 100000 for V value of ling to 50mg and with number of verification scale interval (n) in the range of 5000 to 100,000 for the 'e1 value of lOOmg or more and with 'c' value lxl0k, 2x10 , 5x10, 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 material with which, the approval model have been manufactured.
[F. No. WM-21(197)/2000]
P. A. KRISHNAMOORTHY, Director, Legal Metrology4365 4366 THE GAZETTE OF INDIA : AUGUST 18,2001/SRAVANA 27,1923 [PART II—SEC. 3(ii)]
New Delhi, the 3rd August, 2001
S.O. 2088.—Whereas the Central Government, after considering the report submitted to ifc-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 pf approval of the model of the self-indicating, non-automatic, (Platform type) weighing instrument with digital indication of "CP" series of High accuracy (Accuracy class II) and with brand name "CONTECH" (hereinafter referred to as the model), manufactured by M/s. Contech Instrument Company, Plot No. EL-221, M I D C. Electronic Zone, MHAPE, Navi Mumbai-400701 and which is assigned the approval mark IND/09/ 2001/10.
The said model (figure given) is a weighing instrument with a maximum capacity of 120kg and minimum capacity of 500g. The verification scale interval (c) is lOg. It has a tare device with a 100 percent subtracUvc retained tare effect. The Light Emitting Diode display indicates the weighing result The instrument operates on 230 Volts and frequency 50-Hcrtz alternate current power supply;
Further, in exercise of the powers conferred by sub-section (12) of the said section, the Central Govcrnmen. hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make and performance of same series with maximum capacity upto 5000kg and number of verification scale interval (n) in the rangeof5000to l,00,OOOfor 'e'value of lOOmg or more and with'e'value l*10k, 2*10k, 5*10k,kbcing the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approval model have been manufactured.
[F. No. WM-21(197)/2000]
P. A. KRISHNAMOORTHY, Director, Legal Metrology4367 4368 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27,1923 [PART II—SEC. 3(ii)]
New Delhi, the 3rd August, 2001
S.O. 2089.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Table top type) weighing instrument with digital indication of "CT" series of Medium accuracy (Accuracy Class III) and with brand name "CONTECH'' (hereinafter referred to as the model), manufactured by M/s, Contech Instrument Company, Plot No EL-221, MI D C, Electronic Zone, MHAPE, Navi Mumbai-400701 and which is assigned the approval mark IND/09/2001/11.
The said model (in the figure given) is a weighing instrument with a maximum capacity of 12 kg and minimum capacity of 40g. The verification scale interval (e) is 2g, It has a tare device with a 100 percent subtractive retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 Volts and frequency 50-Hertz alternate current power supply;
Further, in exercise of the powers conferred by sub-section (12) of the said section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make, accuracy and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 10,000 for 'e' value of lOOmg to 2g and with number of verification scale interval (n)inthe range of500 to 10,000 for e'value of 5g or more and with** value 1*10 ,2*10 , 5><10, being the positive or negative whole number or equal to zero, manufactured by the same maw^cturer in accordance with the same principle design and with the same materials with which, the approved modei lijwcbeen manufactured.
[F.No. WM-21(197)/2000]
P. A. KR1SHNAMOORTHY, Director, Legal Metrology4369 2435 G1/2001—304370_ THE GAZETTE OF INDIA: AUGUST 18,200I7SRAVANA27,1923 [PARTII—Suc.3(ii)]
New Delhi, the 3rd August, 2001
S.O- 2090.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Bench scale lop type) weighing instrument with digital indication of "CP" series of Medium accuracy (Accuracy Class III) and with brand name "CONTECH" (hereinafter referred to as the model), manufactured by M/s. Contech Instrument Company, Plot No. EL-221, M.I.D.C, Electronic Zone, MHAPE, Navi Mumbai-400701 and which is assigned the approval mark IND/ 09/2001/12;
The said model (in the figure given) is a weighing instrument with a maximum capacity of 35 kg and minimum capacity of lOOg. The verification scale interval (e) is 5g It has a tare device with a 100 per cent subtractive retained lare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and frequency 50-Hertz alternative current power supply;
Further, in exercise of the powers conferred by sub-section (12) of the said Section, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make and accuracy performance of same scries with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 10,000 for 'e' value of 100 mg to 2g and with number of verification scale interval (n) in the range of 500 to 10,000 for 'e' value of 5g or more and with Le' value 1x10*, 2*10k, 5x10", kbcing the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle design and with the same materials with which, the approved model have been manufactured.
[F. No.WM-21(197)/2000] P. A. KRISHNAMOOKTHY, Director, Legal Metrology4371 4372 THEGAZETrEOFINDIA:AUGUST18,2001/SRAVANA27,1923 |PART11—Suc.3(ii)]
New Delhi, the 3rd August, 2001
S.O. 2091.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;
Now. therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Plat form type) weighing instrument with digital indication of "CP" series of Medium accuracy (Accuracy class III) and with brand name "CONTECH" (hereinafter referred to as the model), manufactured by M/s. Contech Instrument Company, Plot No EL-221, M.I.D.C, electronic Zone, MHAPE, Navi Mumbai-400 701 and which is assigned the approval mark IND/09/2001/13;
The said model (in the figure given) is a weighing instrument with a maximum capacity of 120 kg and minimum capacity of 400g. The verification scale interval (e) is 20g. It has a tare device with a 100 percent subtractivc retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and frequency 50-Hertz alternate current power supply;
Further, in exercise of the powers conferred by sub-section (12) of the said section 36 of the said Act the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make accuracy and performance of same series with maximum capacity upto 5000 kg and with number of verification scale interval (n) in the range of 500 to 10,000 for 'e1 value of 5g or more and with 'e' value 1* 10\ 2*10", 5*10\ k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle design and with the same materials with which, the approved model have been manufactured.
[F.No.WM-21(197)/2000] P. A. KRISHNAMOOPTHY, Director, Legal Metrology4373 4374 THE GAZETTE OF INDIA AUGUST 18,2001/SRAVANA27,1923 [PART II—SEC. 3(ii)]
New Delhi, the 3rd August, 2001
S.O. 2092.—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, weighing instrument (table top type) belonging to high accuracy (Accurcy Class II) of 'DS-852-J' series with brand name 'ESSAE-DIGI' (herein referred to as the model) manufactured by M/s. Essae-Teraoka Limited, 377/22, 6th Cross Wilson Garden, Bangalore- 560027 and which is assigned the approval mark IND/09/2001/28,
The said model (the figure given) is non-automatic weighing instrument (Table top type). The maximum capacity is 600g. and minimum capacity 200 mg The value verification scale interval (c) is 10 mg. It has a tare device with a 100 per cent subtractivc retained tare effect. The load receptor is of square section of side 110 mm The vacuum Flourscent Display (VFD) indicates the weighing result. The instrument operates on 230 volts, 50-Hertz alternative current power supply;
Further, in exercise of the powers conferred by sub-section (12) of Section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make accuracy and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 10,0000 for 'c' value of lmg to 50 mg and with number of verification scale interval (n) in the range 5000 to 100000 for 'c' value of 100 mg or more and with 'c' value of lxiok, 2*10" and 5*10\ k being a positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle design and with the same materials with which, the approved model have been manufactured
fF.No WM-21(6)/2OO1J P A KRISHNAMOORTHY, Director, Legal Metrology4375 -H76 _ THE GAZETTE OF INDIA AUGUST 18,2001/SRAVANA 27, 1923 [PARTII—SEC 3(ii)]
New Delhi, the 3rd August, 2(K) 1
S.O. 2093.—Whereas ihc 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 us accuracy over periods of sustained use and to measures render accurate service under varied conditions.
Now, therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Table top type) weighing instrument with digital indication of "NOVATJ" scries of High accuracy (Accuracy Class II) and with brand name "NOVA" (hereinafter referred to as the Model), manufactured by M/s. Nova Scales, 273, N G O Colony, Nagamali. Madurai-652548 and which is assigned the approval mark 1ND/09/2001/25,
The said model (figure given) is a weighing instrument with a maximum capacity of 200 g and minimum capacity of 200 ing The verification scale interval (e) is 10 mg It has a tare device with a 100 percent subtraciivc retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and 50-Hcrt? alternative current power supply,
Further, in exercise of the powers conferred by sub-section (12) of Section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 10,0000 for V value of I mg to 50 mg and with number of verification scale interval (n) in the range of 5000 to 100,000 for 'e1 value of 100 mg or more and with 'e' value lx10k, 2*10\ and 5x10", 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 material with which, the approved model have been manufactured.
[F.No WM-21(8)/2001] P A. KRISHNAMOORTHY, Director, Legal Metrology4377 2435 GI/2001— 314378 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27,1923 (PART II—SEC. 3(ii)l
New Delhi, the 3rd August, 2001
S.O. 2094.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Table top type) weighing instrument with digital indication of "NOVA-TT" series of Medium accuracy (Accuracy class III) and with brand name "NOVA" (hereinafter referred to as the model), manufactured by M/s. Nova Scales, 273, N.G.O. Colony. Nagmali, Madurai-652548 and which is assigned the approval mark IND/09/2001/26.
The said model (figure given) is a weighing instrument with a maximum capacity of 30 kg and minimum capacity of lOOg. The verification scale interval value (e) is 5g. It has a tare device with a 100 per cent subtractive retained tare effect The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and 50-Hertz alternative current power supply;
Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 10.000 for 'e' value of lOOmg to 2g and with number of verification scale inierval(n) in the range of 500 to 10,000 for "c' value of 5g or more and with 'e' value l*10k, 2x10", 5*10", 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 material with which, the approved model have been manufactured.
[F. No. WM-21(8)/2001] P A. KRISHNAMOORTHY, Director, Legal Metrology4379 4380 THE GAZETTE OF INDIA: AUGUST 18, 2001/SRAVANA 27, 1923 [PART II-—SEC 3(ii)]
New Delhi, the 3rd August, 2001
SyO. 2095.—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 confitrmity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standard of Weight and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Platform lypc) weighing instrument with digital indication of "NOVA-PT" scries of Medium accuracy (Accuracy class III) and with brand name "NOVA" (hereinafter referred to as the model), manufactured by M/s. Nova Scales, 273, N.G.O. Colony. Nagamali. Madurai-652548 and which is assigned the approval mark 1ND/09/2001/27.
The said model (figure given) is a weighing instrument with a maximum capacity of 120 kg and minimum capacity of 400g. The verification scale interval value (e) is 20g. It has a tare device with a 100 per cent subtractive retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operate on 230 volts and 50-Hcrt/. alternative current power suoolv:
Further, in exercise of the powers conferred by sub-section (12) of section 16 of the said Acl. the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make and performance of same series with maximum capacity uplo 51MX) kg and with number of verification scale interval (n) in the range of 500 to 1O.(M)O for e' 5g or more and with c' value 1x 10l, 2* 10\ 5* 10\ 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 material with which, the approved model have been manufactured.
IF. No. WM-21(8)/2001] P. A. KRISHNAMOORTHY, Director, Legal Metrology4381 4382 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)]
New Delhi, the 3 rd August, 2001
S.O. 2096.—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 confirmity 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 Us accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Table top type) weighing instrument with digital indication of "IWT" scries of Medium accuracy (Accuracy class III) and with brand name "INDUS" (hereinafter referred to as the model), manufactured by M/s. Indus Weighing Systems Pvt Ltd, I00-B, Nehru Nagar, Coimbatorc-641 035 and which is assigned the approval mark IND/09/2001/49.
The said model (figure given) is a weighing instrument with a maximum capacity of 10 kg and minimum capacity of 40g. The verification scale interval (e) is 2g. It has a tare device with a 100 percent subtractive retained tare effect, The Light Emitting Diode display indicates the weighing result. The instrument operate on 230 volts and 50-Hertz alternate current power supply;
Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range of 100 to 10,000 for 'e' value of lOOmg to 2g and with number of verification scale interval(n) in the range of 500 to 10,000 for c' value of 5g or more and with 'e' value l><10\ 2X10"1, S^lfr, k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle design and with the same materials with which, the approved model have been manufactured.
[F. No. WM-21(27)/2001]
P A. KRISHNAMOORTHY, Director, Legal Metrology ^43834184 THE GAZETTEOFINDIA_AUGUST 18, 2001/SRAVANA27, 1923 [PARFII—SEC. 3(ii)]
New Delhi, the 3rd August, 2001
S.O. 2097.—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 confirmity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions,
Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Plateform t>pc) weighing instrument with digital indication of "IWP" scries of Medium accuracy (Accuracy class III) and with brand name "INDUS" (hereinafter referred to as the model), manufactured by M/s. Indus Weighing Systems Pvt Ltd, 100- B, Nehru Nagar, Coimbatorc-641 035 and which is assigned the approval mark IND/09/2001/50.
The said model (figure given) is a weighing instrument with a maximum capacity of 100 kg and minimum capacity of 400kg. The verification scale interval value (c) is 20g. It has a tare device with a 100 percent subtractivc retained tare effect The Light Emitting Diode display indicates the weighing result. The instrument operate on 230 volts and 50-Hertz alternative current power supply;
Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make and performance of same scries with maximum capacity upto 5 tonne and with number of verification scale interval (n) in the range of 500 to 10,000 for Lc' value of 5g or more with'c' value l><10\ 2*10\ 5xl0k, 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 material with which, the approved model have been manufactured
IF. No. WM-21(27)/2O01J P A. KRJSHNAMOORTHY. Director, Legal Metrology MINISTRY OF LABOUR
New Ddhi, the 23rd July, 2001
S.O. 2098.—In puisuance 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, Bangalore as ^hown in the Annexuie in the Industrial Dispute between the employers in relation to the management of Bharat Gold Mines Ltd. and their workman, which was received bv the Central Government on 2O-07-2O07.
[No. L-430J2/25/95-IR(M)1 B. M. DAVID, Under Secy.
ANNEXURE
BEFORE THE CFNTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BANGALORE Dated : 3rd July, 2001
PRESENT •
Hon'ble V. N Ki-Il'arni, Presiding Officer
CR. No, 125/97
I Party
The Senior Vice President, BGML Labour Association (INTUO, NT Block. Oorgaum, KGF-563120.
IJ Parti
Fhe Managing Director. Bharat Gold Mines Ltd., Suvarnn Bhavan, Oorgaum, KGF-563120.
APPEARANCfcS :
I Party : B. D. Kutlappa, Advocate
II Party : A S. Bopanna, Advocate
AWARD
1. The Central Government by exercising the powers conferred by 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-43012/25/<>5-IR(Mi>>c.) dated 11- 03-1996 foi adjudication on the following schedule.
SCHEDULE
" Whether the management of Bharat Gold Mines Limited is justified in inflicting two punishments on the workman, Shri 11. M. Venkatcsha vide standing Order No. 20(a) 1 and 20(a) 4 for one alleged mis- conduct committed by him ? Tf not, what benefit he is entitled to and from which date T
2. I party is working with the II party. The management for the elleced misconduct imposed punishment of stopping of increments and theiefore dispute is raised.
2435 GI/20O1—32
43S5 1 The case of the I party is that on 19-03-1990 he was transferred from KGF to Ramgiri Gold Mines Project at Andhra Pradesh He should have reported immediately for duty, but on 19-3-1990 he went to hospital at Bangarpet as he was suffering from Back Pain and he was discharged by " (lio Doctor on 31-05-1990 with the Medical Certificates. On 31-05-1990 he reported to duty with Medical Certificate. It is the further case of the I Party that his leave was not '^nctionrd and his increments was stopped. Details of salary is given in para 4 of the Claim. The management without any rcascn withheld the increment and the action is not justified. The I party has prayed to pass award in his favour.
'I. The care of the II party is in brief as under, ^. The I party was workman in Foreman 'B' Grade draw- ir.p a basic of Rs, 1833.00 plus DA. He is not a workman. It is not con ect thnt the I party has rendered excellent service. It is the farther case of the management that the T party remained absent unauthorisedly from 1-3-1990 to 31-5-1990 nnrl he remained absent for 81 dnys during the year 1990. T!iv fact that hi1 fell nick is not correct. The II party Is having a well-equipped 240 bed hospital, but the I party had not imported to the company hospital. The medical certificate produced bv the I party was not accepted. The attendance of the I partv is riven in para 4 of the Counter. As per the ri'l"s of tip comp&nv, if any employee remain absent for mnic thnn 40 days, he will not earn Annual Increment and as such. 1 party remained absent for more than 40 days and incroment was not earned by him and therefore Annual Increment was not given and the dispute is raised is not correct. The Management has prayed to reject the Claim.
6. It is also stated that the workmen has not worked for 240 day;, in the year.
'. On behalf of the Management one witness is examined. He h a Personal Manager and his evidence is that the work- man was transferred to Rnmgiri, but he reported to duty only on 1-6-1990 and he remained unauthorisedly absent. His further evidence is that the T party did not produce Medical Certificate from a Doctor of Bant?arpet. He is absent for 81 days during the year 1990 and he was not entitled for Fanvd Leavr because hf did not work for 240 days in the year. This witness is cross-examined by the workmen hut nothing ii elicited from his cross-examination to damage the Fvidcnc* of MW1. From the evidence of the Management w'fncss it is clear that the I party remained absent un- nn'hr.riscdly for 81 days and as per the rules he was not entitled for any increment. We have the evidence of I party v nrfcman nnd accordinc to his evidence, he was not well •ind he joined hospital of the Company and he was discharged but there after he could not join duty and he went to Gov- ernment Hospital, His further evidence is that his leave was not sanctioned and he has worked for more than 240 days and documents Ex. W-l to W-10 are marked in his evidence. The worl n^an has not stated that on account of his illness hr wn<- unr.hle to nonly leive. He has not even stated as to what s'rfncss h" had. tnfact, in the Claim Statement it is stated t'ia< he had Back Pain. The I party workman has not •iteited this in his evidence. The evidence of I partv workman is noL believcable at all It is the case of the Manncement that in lh> year 1990, I party has not worked for 240 days ccntimiou'ly nnd as per the lules he could not earn increment and for Mnt purpose the increment was not granted. Docu- ment filed by the I party workman are pot helnfnl to say thn< the I nartv w.is continuously sick and Bed Ridden and v/is iiii.iH^ to annjy leave. There is no explanation from fhe I nartv RS to why he did n"t report at the Company Hosnital •iibseqiienlly. In vw of this, the Medical Certificates filed f"V him or" not helpful to the I party workman, There is no merit m this reference and accordingly I proceed to pass tl'e following order.
ORDER
Reference is rejected.
(nictated to the I.DC. transcribed by him, corrected and Mjicd by me on 3rd July 2001)
V N. KULKARNI, PresidinR Officer4386 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SE^. 3(ii)] Tribunal to appear and file--thdr respective statements and document-*. Rut inspitc of receipt of notice both the parties have not taken any step. The indifference and silence of the parties in my opinion suggests that, no dispute exists between the parties.
3. Hence, no dispute award is passed.
4, Reference is answered accordingly.
Dictated and Corrected by me.
S. K. DHAL, Presiding Offlcei New Delhi, the 23rd July, 2001
S.O. 2099.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes, the Award of the Central Government Industrial Tribunal-cum-Labour Court, Bhubaneswar (Orissa) as shown in the Annexure. in the industrial dispute between the employers in relation to the M/s. Utkal Electro Casting Pvt. Ltd, and their workmen which was received by the Central Government on 20-7-2001.
[No. L-29012/82/97-IR(M)l
B. M. DAVID, Under Secy.
ANNEXURE
New Delhi, the 23rd July, 2001 CENTRAL GOVERNMENT INDUSTRIAL TRTBUNAL- CUM-LABOUR COURT : BHUBANESWAR
PRESENT:
Shri S. K. Dlial. OSJS (Sr. Branch). Presiding Officer,
C G,I.T.-cum-Labour Court, Bhubaneswar.
S.O, 2100.—In pursuance of Section 17 of the Industrial Disputes Act 1947 (14 uf 1947), the Central Governmeo* hereby publishes the Award of the Central Oovt. Ind. Tri- bunal-cum-Labour Court, Chennai as shown in the Annex- ure, m the industrial dispute between the employers in i ela- tion to the M|s. BURN Standard Co. Ltd. and their workmen which was received by the Central Government on 20-7-2001 Tr. Industrial Dispute Case No. 156/2001
[No. L-29O12/96/97-IR(M)l Dated: Bhubaneswar. the 11th JuJv. 2001
B. M. DAVID, Under Secy.
BETWEEN
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT FNDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHENNAI Tht: Manasement of MA. Utkal Electro Castinjt Pvt. Ltd., Friendt Colony, Cuttuck,
Friday, the 29th June, 2001
. . .. 1st Party- ManaRement
PRESENT :
AND
K. Karthikcy.'n, Picsiding Officei
INDUSTRIAL DISPUTE NO. 49112001
(Tamil Nadu State Industrial Tribunal I.D. No. 60|98) Their workman, beinjt represented through the Secretary, United Mines Mazdoon; Union. Anil Amruti Sadan, At/P.O. Barsuan. Dist. Sundarcarh. 2nd Party- Workmen
APPEARANCES:
(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2fA) of Section 10 of the Industrial Disputes Act, 1947, between the Workman Shri Kullan Raja Gounder and the Management M|s. Burn Standard Co. Ltd, Salem.)
BETWEEN
None. . . For the 1st Party-Manajtement. Nnnj. . For the 2nd Party-Workmen.
Shri Kullan Raja Gounder : T Party|Workman.
AWARD
AND
The General Manager, Mis. Bum Standard Co. Ltd . Salem.
: u PartylManagement.
APPEARANCE :
The Government of India in the Ministry of Labour in exercir-c of Powers Conferred bv Clause (d) of sub-soction (1) and ;i'b seel''on 2fA) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) have referred the following dispute for pdjudi'cntion vide their Order No. L-29012/82/97-IR(Misc), dated 29-1-1998:—
For the Workman : Sri G. Ramachandran, Advocate. For the Manauement : M|s, M,R, Ra^havan and K.
Vasn Venkar, Advocates.
AWARD
'"Whether the action of the Management of M/s. Utkal Electro Castinc Pvt. Ltd. in stopping work of their establishment from 1-12-1995 to 9-12-1995 and not paying the lay-off compensation to the workmen for the said period is justified 7 If not, to what relief the workmen are entitled to ?"
Tlie Govt. of India. Ministry -of Labour in exercise of 7 The nnrties were intimated by the Government of India while sending the reference to this Tribunal. On receipt of the reference notice were also i&RuefJ to the parties by the
powers conferred by clause (d) of sub-section (1) and mub- section 2CA) of Section 10 of Industrial Dispute Act 1947 04 of 1947), have referred rhe following dispute! for adiudi-4387 Utwn vide Order No. L-29012|96|97-lR(Misc.) dated 9-3-1998 :—
"Whether the action of M|s. Burn Standard Co. Ltd., Salem, in giving premature retirement to Shri Kullan Raja Gounder with effect from 31-8-15)94 is justified? If not, to what relief the workman is entitled?"
2, The reference has been made earlier to the Tamil Nadu State Industrial Tribunal, where it was taken on file as I.D. No. 60|98. On receipt of notice fi^m that Tribunal, both the parties entered appearance through their counsel and filed their respective Claim Statement and Counter Statement. When the matter was pending enquiry, before the Tamil Nadu Slate Industrial Tribunal, as per the orders of transfer by the Central Govt., this case has been transferred from the file of Tamil Nadu State Industrial Tribunal to the file of this Tribunal for adjudication. On receipt of records of this case from the Tamil Nadu State Industrial Tribunal, this case has been taktn on file here as I.D. No. 491/2001 and notices were sent to the counsel on record on either side in- forming them about the transfer of this case from the file of Tamil Nadu State Industrial Tribunal to the file of this Tri- bunal, with a direction to appear before this Court with their respective parties to prosecute this case further on 5-3-2001. 3, When the matter was taken up for enquiry on 5-3-2001, the- counsel on either side and both the parties were not i>rcsen.t and there was no representation on either side. So the case was adjourned from 5-3-2001 to various six sub- sequent hearing dates as 20-3-2001, 10-4r2001, 2-5-2001. ll-5:20OJ, 12-6-2001, 21-6-2001 on all these hearing dates, neither of the parties nor their respective counsel appeared before this Tribunal and there was no representation on cither aide. Hence, the matter was adjourned to 29-6-2001 for enquiry as last chance.
4, When the matter is taken up for enquiry today i.e. 29-6-2001, as usual, both the parties and the counsel on either side remained absent. There is no representation on cither side. This case has been referred to as an industrial dispute for adjudication by the Govt. of India, Ministry of Labour as early as 9-3-1998, The inaction of the I Partyl Workman by his non-appearance and non-representation enables this Tribunal to conclude that there is no industrial dispute as such n ow existing between the parties concerned, Hence, this industrial dispute i3 dismised for default and for non-representation.
.*>. In the result, an award is passed holding that no relief can be granted to the concerned workman Shri Kullan Raja Gounder. No Cost.
(Dictated to the Stenographer, transcribed and typed by him, coirected and pronounced by me in the open court on this day the 29th June, 2001.)
K. KARTHIXEYAN, Presiding Officer New Delhi, the 23rd July, 2001
S.,0. 2101.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government In- dustrial Tribunal-cum-Labour Court, Bhubaneswar f'Oriasa) as shown in the Annexure, in the industrial dispute between the employers in relation to the Nuasahi Chromite Mines and their workmen which was received by the Central Gov- ernment on the 20-7-2001.
[No. L-29012/lll/98-IR(M)] B. M. DAVID, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT, BHUBANESWAR PRESENT :
Shri S. IC Dhal, OSJS (Sr. Branch), Presiding Officer, C.G.I.T.-cum-Labour Court, Bhubaneswar.
Tr. INDUSTRIAL DISPUTE CASE NO. 208|2001 Dated, Bhubancswar, the 4th luly, 2001
BETWEEN
The Management of M[s. Nuasahi Chroniite Mines of IMFA Ltd. Rasulgarh, Bomikhal, BBSR .. First Party-Manage-
ment
AND
Their Workman Smt. Dura Naik,
At. Baniapanka, Keonjhar. , . Second party-workman.
APPEARANCES :
Shri M. K. Mahapatm and .. For the First Shri M.R. Kar. Party-Management. None. . . For the Second Party^Managemtnt.
AWARD
The Government of India in the Ministry of Labour in exercise of powers conferred by clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947), have referred the following dispute for adjudication vide their Order No, L-29012|lll| 98flR(M), dated 13-1-1999 :—
"Whether the action of the Management of Nausahi Chromite Mines of IMFA Ltd. terminating the ser- vices of Smt. Dura Naik, Mazdoov, without any charges and in violation of the principle of natural justice and provision of Industrial Disputes Act, 1947 is justified and legal? If not, to what relief the workman is entitled"?
"Whether the demand of the workman Smt, Dura Naik, Mazdoor, on Nausahi Chromite Mines of IMFA Ltd., for reinstatement with full back wages is legal and justified? If so, to what idief the workman is entitled"?
2. While making reference intimation was sent to the work- man (hereinafter called as the 2nd Party) and to the Mana- gement (hereinafter called as- the 1st Party) directing them to file their claim statement, written statement and relevant documents before the Tribunal. On receipt of the reference the Tribunal also issued notices to both the parties. Inspite of such notice the 2nd Party-workman did not take any step. No claim statement was filed bv the workman inspite of opportunity given to him. Tho 1st Party-Management has made their appearance.
3. It is submitted on beiialf of the Management that the 2nd party-workman had no dispute at all and the action taken by the Management was in accordance with the rules and provisions of Industrial Dispute Act and no illegality was committed by the Management.
4. The 2nd Party workman has not jesponded to the notice issued from the Ministry and from the Tribunal. She has aslo4388 THE GAZETTE OF INDIA : AUGUST 18, 2G01/SRAVANA 27, 1923 [PART n—SBC;3(u)]^ no filed any claim statement inspitc of notice issued to her. In absence of claim statement and other materials it enn nut be said that there exists an Industrial Dispute between the parties. The absence of 2nd Party-workman suggests that she has got no cause of action.
5. From the above facts it can be inferred that at present the 2nd Party-workman has (jat no dispute with the 1st Party-Management.
6. Hence, no dispute award is passed.
J. The reference is answered accordingly.
Dictated and cot rested by me.
S. K. DHAL, Presiding Officer New Delhi, the 23rd July, 2001 S.O 2102.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government In- dustrial Tribunal-cum-Labour Court, Bhubanciwar (Orissa) as shown in the Annexure, in the Industrial dispute between the employers in relation to the Nuasahi Chromitc Mines and their workmen which was received by the Central Government on the 20-7-2001.
[No. L-29012/il2/98JR(M>] B. M. DAVID, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT, Bl-TLBANESWAR PRESENT :
Shri S. K. Dhal, OSJS (Sr. Branch), Presiding Officer, C.G.I.T.-cum-Labour Court, Bhubaneswar.
Tr. INDUSTRIAL DISPUTE CASE NO. 20912001 Dated, Bhubaneswar, the 6th July 2001
BETWEEN
The Management of Nuasahi Chromite Mines of M|s. IMFA Ltd., Rasulgarh, Bhubaneswar. .. First Party- Management.
AND
Their workman Smt, Rebati Patra, At. Todabahali, P.O. Boroni, Via Hadagarh, Kt-onjhar. . . Second Party-Workman APPEARANCES :
Shri M.K. Mahapatra and Shri M.R, Kar. .. For the First P"rty-Manaflement. None. . . For the Second Party-workman.
AWARD
The Government of India hj the Ministry of Labour in exorcist) of power* conferred by Clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Dispute Act, 1947 (14 of 1947), have referred the follow- ing dispute for adjudication vide their Order No L-29012| 112[98|1R(M), dated 13-1-1999 :—
"Whether the action of the Management of Nuasahi Chromite Mines of IMFA Ltd. in terminating the services of Smt. Rebati Patra, Mazdoor without any charge and violating the principles of natural justice and provision of Industrial Disputes Act, 1947 is justified and legal? If not, to what relief the workman is entitled"?
"Whether the demand of Smt. Rebati Patra on Nuasahi Chronute Mines of IMFA Ltd. for reinstatement with full back wages is justified? If so, to what relief the workman is entitled"?
2. While making reference intimation was sent to the wcikman (hercinaUer called as the 2nd Party) and to the Management (hereinafter called as the 1st Party) directing them to file their claim statement written statement and rele- vant documents before the Tribunal. On receipt of the refe- rence the Tribunal also issued notice to both the parties. Inspite of such notice the 2nd Party-workman did not take any itep. No claim statement was filed by the workman inspite of opportunity given to her. Tho 1st Party-Manage- ment has made etheir appearance.
3. It is submitted on behalf of the Management that the 2nd Party-woikman hud no dispute at all and the action taken by the Management was in accordance with the rubs and pto.Lsions of Industrial Dispute Act and rio illegality wa>; committed by the Management.
4. The 2nd Party-workman has not responded to the notice issued from the Ministry and from the Tribunal. She has also not filed any claim statement Inspite of notice issued to her. In absence of claim statement and other mate- rials it can not be said that there exists an Industrial Dis- pute between (he parties. The absence of 2nd Party-work- man suggests that she has got no cause of action.
5. From the above facts it can be Inferred that at present the 2nd Party-workman has got no dispute with the 1st Pnrty-Mnn;igeinent.
6. Hence, no dispute award is passed.
7. The reference is answered accordingly.
Dictated and corrected by me.
S. K. DHAL, Presiding Officer New Delhi, the 23rd July, 2001
S.O. 2103.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government In dustrinl Tribunal-cum-Labour Court, Bhubaneswar (Orissa as shown in the Annexure, in the Industrial dispute betwecr the employers in relation to the Nuosahi Chromite Minis anc their workmen which was received by the Central Govern ni'jnt on the 20-7-2001.
I No. L-29012/113/y8-IR(M) 0. M. DAVID, Under Secy4389 7, The reference is answered accordingly.
ANNEXURE
Dictated and corrected by me.
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT, BHUBANESWAR
S. K. DHAL, Presiding Officer 10-3-2001 PRESENT:
Sliri S K Dhal. OSJS, (Sr. Branch), Presiding Officer,
C.G.I.T.-cum-Labour Court, Bhubaneswar.
Tr INDUSTRIAL DISPUTE CASE NO. 210|2001 Dtd. Bhubancswar the 10th July 2001
BETWEEN
The Management of Nussahi Chromite Mines of M|s. IMFA Ltd. Rasulgarh, Bhubaneswar.
. . First Party-Management.
AND
Their workman, Shri Jjyceram HO At. Gabaldihi, P.O. Dhanurjaypur. Keonjhar. Second Party-workman.
New Delhi, the 23rd July, 2001 APPEARANCES :
Shri M.K. Mahapatra and
Shrl M.R. Kar. . . For the First Paity-Managemem. None. . . For the Second Party-Workman.
AWARD
SO. 2104.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government nereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court, Bhubaneswar (Oriesa), as shown in the Annexure, in the industrial dispute between the employers in, relation to the Nuaaahi Chromite Mines and their workmen which was ~ received by the Central Government on the 20-7-2001.
[No. L-29012/114/98-IR(Mjj
B. M. DAVID, Under Secy.
ANNEXURE
Tht Government of India in the Ministry of Labour in exercise of Powers conferred by Clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Dis- putes Act, 1947 (14 of 947), have referred tho following dispute for adjudication vide their Order No. L-29012|l 13|98| IR(M), dated 13-1-1999 :
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT, BHUBANESWAR
PRESENT :
Shri S. K. Dhal, OSJS (Sr. Branch), Presiding Officer,
CG.I.T.-cum-Labour Court, Bhubaneswar.
"Whether the action of the Management of Nuasahi Chromite Mines of IMFA Ltd. in terminating the services of Sliri Jayeeram HO, Mazdoor, with- out any charge and violating the principles cf natural justice and provisions of Industrial Dis- putes Act, 1947 is justified and legal? If not, to what relief the workman is entitled?"
Industrial Dispute Case No. 211/2001
Bhubaneswar, the 10th July, 2001
BETWEEN
'"Whether the demand of the workman Shn layeoram HO, Nuasahi Chromite Mines of IMFA Ltd. for reinstatement with full back wageb is justified? If so, to what relief the workman is entitled to ?"
The Management of Nuasahi Chromite Mines of M/s. IMFA Ltd. Rasulgarh, Bhubaneswar.
.. .First Party— Management
AND
Their workman, Shri Bfilaram Padhuna, At Nusrugudi, P.O. Padhuaripalli, Keonjhar.
2. While miking reference intimation was sent to the workman (hereinafter called as the 2nd Party) and to the Management (hereinnfrer called as the 1st Party) directing them to file their claim statement, written statement and re- levant documents before the Tribunal. On receipt of the reference the Tribunal also issued notice to both the parlies. Inspite ol such notice and 2nd Party-workman did not take any step. No claim statement was filed by the workman inspite of opportunity given to him. The 1st Party Manage- ment has made their appearance.
. .Second Party— Workman.
APPEARANCES:
Shri M. K. Mahapatra & Shri M. R. Kar—For the First 3, It is submitted on behnlf of the Management that the 2nd Party-workman had no dispute at nil and the action taken by the Management was in accordance with the rules and provisions of Industrial Dispute Act and no illeealiiy was committed by the Management.
party—Management.
None—For the Second Party—Workman.
AWARD
4390 THE GAZETTE OF INDIA : ALTGUST 18, 2001/SRAVAjSfA 27, 1923 [PART II—SEC. 3(li)]any charge antl violating the principles of natural justice and provision of Industrial Disputes Act, 1*47 is. justified and legal ? If not, to what lellef the workman is entitled" ?
"Whether the demand of the workman Shri Balaram Padhuria, on Nuasahi Chromite Mines of IMFA Ltd. for reinstatement with full back wages is justified 7 If so, to what iclief the workman is entitled 7"
2. While making reference intimation was sent to the workman (hereinafter called as the 2nd Party) and to the Managomint (hereinafter called as the 1st Party) directing them to He their claim statement, written statement and relevant documents before the Tribunal. On receipt of the reference the Tribunal also issued notice to both the parties, lnspite of such notice the 2nd Party—workman did not tak? any step. No claim statement wtw filed by the workman inspite of opportunity given to him. The 1st Party—Manage- ment has made their appearance.
3. It is submitted on behalf of the Management that the 2nd Party—workman had no dispute at all and the action taken by the Management wa* in accordance with the rules and provisions of Industrial Dispute Act and no illegality was committed by the Management
4. The 2nd Party—workman has not responded to Ihe notice issued from the Ministry and from the Tribunal. He has also not filed any claim statement inspite of notice issued to him. In absence of cla4m statement and other materials it can not be said that there exists an Industrial Dispute between the parties, The absence of 2nd Party workman suggests that he has got no cause of action 5. From the above facts it can be inferred that at present the 2nd Party—workman has got no dispute with the 1st Party—Management.
6. Hertce, no dispute nward is passed.
7. The reference is answered accordingly.
Dlctat"J & corrected by me.
S. K. DHAL, Presiding Officer New Delhu the 23rd July, 2001
S.O. 2105—In pursuance of Section 17 ot the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court, Bhubaneswar (Orissa), as shown in the Annexure, in the industrial dispute between the employers in relation to the Nuasahi Chromite Mines and their workmen which was received by the Central Centra] Government on 20-7-2001.
(No. L-29012/118/98-IR(M1)J B. M, .DAVID, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT, BHUBANESWAR PREShNT:
Shri S, K. Dhal, OSJS (Sr. Branch) Presiding Officer, C.G.I.T.-cum-Labour Cburt, Bhubarieswar. Tr. Industrial Dispute Case No. 215/2001 .Bhubaneswar, the 5th July, 200T
BETWEEN
The Management of Nuasahi Chromite Mines of MA. IMFA Ltd. Rasulgarh, Bhubaneswar.
.. .First P a r t y- Management.
AND
Their workman Shri Jagannath Tanty, At Uahaldihi, P.O. DhanurjAypur, KednjFiar.
. .. Second Party— Workman.
APPEARANCES :
Shri M. K. Mahapatra & Shri M R. Kar—Foi the First Party—Management.
None—For the Second Party—Workman
AWARD
The Government of India in the Ministry of Labour in i-Aercise of powers conferred by clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) have refen-cd the following dispute for adjudication vide their Order No. L-29O12/118/98- 1R(M), dated 13-1-199?:—
"Whether the action of the management of Nuasahi Chromite Mines" of IMFA Ltd. in terminating the services of Shri Jagannath Tanty, Mazdoor, with- out liny charges and in violation of the principles of uatUral justice and provisions of Industrial Dis- putes Act, 1947 is justified 7 If not, to what relief the workman is entitled to'?"
'Whether the demand of the workman Shri Jagannath Tanty, on Nuasahi Chromite Mines of IMFA Ltd. f6r liinstatem'ent with full back wages is justified? If so, to what relief the workman is entitled ?" 1, While making reference intimation was sent to the workman (hereinafter called as the 2nd Party) and to the Management (hereinafter called as the 1st Party) directing them td file their claim statement, written statement and relevant documents before the Tribunal. On receipt of the reference the Tribunal also issued notice to both the parties, inspite of such notice the 2nd Party—workman did not take any step. No tjaim statement was filed by the workman inspire of opportunity given to him. The 1st Party—Manage- ment haj made their appearance,
3. It is submitted on behalf of the Management that the ind Party—workman had no dispute at all and the action taken by the Management was in accordance with the rules and provisions" of Industrial Dispute Act and no illegality was committed by the Management.
4. The 2nd Party—workman has not responded to the notice issued from the Ministry and fiorn the Tribunal. He has also not filed any" claim statement inspite of notice issued to him. In absence of claim statement and Other mrittrials it c.ui not be said that there exists an Industrial Dispute between the parties. The absence of 2nd Party— workman suggests that he has got no cause of action.
5. From the above facts it can be inferred that at present the 2nd Pnrty—workman has got no dispute with the 1st Party- - Management.
6 Hence, no dispme award is passed
7 The reference is answered accordingly.
U/ctated & corrected by me.
S. K. DHAL, Presiding Oftcer4391 New Delhi, the 23rd July, 2001
S.O. 2106.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labcur Court, Bhubaneswar (Orissa), as shown in the Annexure, in the industrial dispute between the employers in relation to the Nuasahi Chromite Mines and their workmen which was received by the Central Government on the 20-7-20O1
[No. L-290l2/182/98-IR(MM
B. M. DAVID, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TR1BUNAL- CUM-LABOUR COURT, BHUBANESWAR PRESENT:
'Shri S. K, Dhal, OSJS (Sr. Branch), Presiding Officer, C.G.I.T.-cum-Labour Court, Bhubaneswar. TR. INDUSTRIAL DISPUTE CASE NO. 244/2001 Dated. Blnibaneswar, the 5th July, 2001 BETWEEN
The Management of Nuasahi Chromite Mines of M/s. IMFA Ltd. Rasulgarh, Bhubaneswar,
.. . First Party— Management.
AND
Then Workman Sbri Kuni Naik, At, Nuorugudi, P.O. Padhiaripally, KeonjTiar.
.. Second P a r t y- Workman.
APPEARANCES :
Shri M. K, Mahapatra & Shri M. R. Knr~For the First Party—Management.
None—For (he Second Party—Workman.
AWARD
The Government of India in the Ministry of Labour in '-•xercise of powers conferred by clause (d) of sub-section (1) and wb-section 2(A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 19471 hnve referred the following dispute for adjudication vide their Order No. L-29012/182/98/ IR(M), dated 20-4-1999:—
"Whether the action of the Management of Nuasahi Chromite Mines of M/s. IMFA Ltd., in refuMnq* employment to Shri Kuni Naik, is legal and justi- fied "" Tf not, to what relief the workman is entitleJ t o ?"
2, While making reference intimation was sent to the uorkronn. (Hereinafter called as the 2nd Party) and to the Management (hereinafter called, as the 1st Party) directing them to file their claim statement, written statement and relevant documents before the Tribunal. On receipt of the i efcrence the Tribunal also issued notice' to both' the parties. Inspite of such notice the 2nd Party—workman did not take any step. No claim-'statement wa"" filed by the workman inspite of opportunity given to him. The 1st Party—Manajte- ment has made their appearance.
1. It is submitted on behalf of the Management that the 2nd Party—woikman had no dispute at all arid thp action taken by the Management was in accordance witty the rules and provisions of Industrial Dispute Act nnd no illegality vi as committed by the Management.
4. The 2nd Party—workman has not responded to the notice issued from the Ministry and from the Tribunal. He has a lo not filed any claim statement inspite of nptice irsued to him. In' absence of claim statement and other materials it can not be said that there exist* an Industrial Dispute between the parties. The absence of 2nd Party— woikman sugcestt, (hat he has got no cause of action.
5. From the above facts it can be inferred that at present the 2nd Paity—workman has pot no dispute with the 1st Party—Management.
6 Hence, no dispute award is passed.
7. The reference i_s answered accoidinftly.
Dictated & corrected hy me.
S. K, DHAL, Presidinfi Officer New Delhi, the 23rd July, 2001
SO, 2107.—In pursuance of Section 17 of the Industrial Disputes Act, 19*17 (14 of 1947), the Central Government hereby publishes the Award of the Central Government In- dustrial TribunaUcum-Lab-our Court, Bhubaneswar (Ori'-sa) as shown in the Annexure, in the Industrial dispute between the employers in relation to the Nuasahi Chromite Mines and Iheir workmen which was received by the Central Gov- ernment on the 20-7-2001.
[No. L-29O12a83/98-IR(M")|
B. M. DAVTD, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRTBUNAL- CUM LABOUR COURT, BHUBANESWAR PRESENT :
Shri S.K Dhal, OSJS. (Sr. Branch) Presiding Officer, CG.I.T.-cum-Labour Couit, Bhubaneswar.
Tr. INDUSTRIAL DISPUTE CASE NO. 245|2OQ1 Dated, Bhubaneswar, the 5th July, 20Q{4392 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)] BETWEEN
The Management of Nutwahi Chromite Mines of M|" tMFA Ltd , Rasulgarh, Bhubane*war,
.. First Party-Management.
AND
Their workman Shn Kailash Bentakar, At. Nuarugudi, P.O. Padhiaripaily, Keonjhar.
. . Second Party-workman APPEARANCES :
Shri M.K. Mahapatra and Shri M.R. Kar, .. For the First Party-Management.
None . . For the Second party-Workman.
AWARD
The Government of India in the Ministry of Labour iu exercise of Powers conferred by Clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) have referred the follow- ing dispute for adjudication vide tliclr Order No. L-290121 1S3|98|IR(M), dated 20-4-1999 :—
"Whether the action of the management of Nuastthi Chromite Mines of M|s. IMFA in refuting employ- ment to Shri Kailash Bentakar is legal and justi- fied? If not, to what relief the workman is entitled"?
2. While making reference intimation was writ (o the workman (herein-after called as the 2nd Paify) and to the Management (herein-after called as the 1st Party) directing (hem to file their claim statement, written statement and relevant documents beforo the Tribunal. On receipt of the reference the Tribunal also issued notice to both the par- ties. Inspile of such notice the 2nd Party-workman did not take any ^tcp. No claim statement was filed by the work- man in"pite of opportunity given to him. The 1st Parly- Manftficment has made their appeurance.
3 It is submitted on behalf ot the Management That the 2nd Party-workman had no dispute at all and [he action taken bv the Management was in accordance with the rules and provisions of Industrial Dispute Act and no illegality u ti" committed by the Management.
4 The 2nd Pnrrv-worknyin has not responded to the notice issued from the Ministry and from the Tribunal. He h s also not filed any claim statement inspite of notice i"t"'cd ro him. In absence of claim statement and other m 'torinJs if can not be said tbtu there exists an Industrial Di>rnte between trie parties. The absence of 2nd Party - workmjn suggests (hnt he has got no cause of action.
1 Frair the above facts it enri be infeired that at present ?nrl Partv-workman has got no dispute with the 1st I'ulv-Mfinngement
fi Hence, no dispute award is passed.
7 The reference is answered accordingly.
Dictated * Corrected by me.
S. K. DHAL, Presiding Officer New Delhi, the 23rd July, 2001
SO 2108—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Govorrmrnt hcieby publishes the Award of the Central Government In- dustrial Tribunal-ciim-Labour Court, Bhubaneswar (Orissa) as shown in the Annexure, in the Industrial dispute between the employers in relation to the Nuasahi Chromite Mines and their workmen which was received by the Central Gov- ernment on the 20-7-2001
[No, L-29012|186|98-]R(M)]
B. M. DAVID, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT, BHUBANESWAR PRESENT :
Shri S. K. Dhal, OSJS (Sr Branch) Presiding Officer, C.G.I.T.-cum-Labour Court, Bhubaneswar.
Tr. Industrial Dispute Case No 246(2001 Dated, Bhubaneswar,the 4th July, 2001
BETWEEN
The Management of Nuasahi Chromite Mines of M|s. IMFA ltd., Rnsulgarh, Bhubaneswar.
.. First Party-Management.
AND
Their workman, Shri Tarft Patra, At. Aturikona, P.O. Padhinripally, Keonjhar
. Second Party-Workman.
APPEARANCES :
Shri M,K. Mahapatra and Shri M.R. Kar. : . For the First Party-Management. None. For the Second Party-Workman,
AWARD
Tho Govement of India in the Ministry of labour in exercise of powers conferred by clause (d) Of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947), have referred the following; dispute for adjudication vide their Order No L-29012|18fi( 98-lR(M), dated 20-4-1999:—
"Whether the action of the Management of Nuasahi Chromite Mines of M/s. IMFA in refusing employ- ment to Shri Tara Patra, is legal and justified? If not, to what relief the workman is entitled"' 2. While making reference intimation was sent to the workman (herein-after called a.s the 2nd Party) and to the Management (herein-after called as the let Party) directing them to file their claim statement, written statement and relevant documents before the Tribunal. On receipt of the refrerence the Tribunal also issued notice to both the parties. Inspite of such notice the 2nd Party-workman did not lake anv step. No calim statement was filed by the workman inspitc of opportunity tjiven to him. The 1st Party-Manage- ment has made their appearance.
3, It is submitted on behalf of the Management that tho 2nd Partv-workman had no dispute at all and the action taken by the Management was in accordance with the rules and provisions of Industrial Dispute Act and no illegality war committed by the Management.
43934. The 2nd Party-workman has not responded to the notice issued from the Ministry and from the Tribunal, He has also not riled any claim statement inspite of notice issued to her. Tn absence of claim statement and other materials it enn not be said that there exists an Industrial Dispute between ibe parties. The absence of 2nd Party-workman suggests thai he has not no cause of action.
5. From the above facts it can be inferred that at present the 2nd Party-workman has got no dispute with the 1st Pai ty-Manngemont.
(\ Hence, no dispute award is passed.
7. The reference is answered accordingly.
Dictated and corrected by me.
S. K. DHAL, Presiding Officer.
New Delhi, the 23rd July, 2001
S O. 2109.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government In- dustrial Tribunal-ciim-Labour Court, Bhubaneswar (Orissa) as shown in the Annexuie, in the Industrial Dispute between the employers in relation to the Ntiasahi Chromite Mines and their workmen which was received by the Central G-overnment on 20-7-2001.
INo. L-29012|187|98-IR(M)]
B. M. DAVID, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM-LABOUR COURT, BHUBANESWAR PRESENT :
Shri S. K. Dhal, OSJS (Sr. Branch) Presiding Officer.
C.G.f.T.-cum-Labour Court, Bhubaneswar.
Tr, TNDUSTRrAT DTSPUTF, CASE NO. 24712001 Dated, Bhubaneswar, the 4th July, 2001
BETWEEN
The Management of M|s, Nuasahi Chromite Mines of IMFA Ltd., Rasulgarh, Bhubaneswar. . . First Party-Management,
AND
Their workman Shri Sanatan Biswal, At. Nuarugudi, P.O. Padhiaripally, Kconjhar.
, , Second Party-workman.
APPEARANCES :
Shri M.K. Mahapatra and Shri M.R. Kar. . . For (he First Party-Management. None. . . For the Second Party-workman, 2-nj G v n oi -.3
AWARD
The Government of Tndia in the Ministry of Labour in exeicise of Powers conferred by Clause (d) of sub-section fl) nnd Sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) have referred the following dispute for adjudication vide their Order No. L-29O12|1S7| 9K-IR(M), dated 20-4-1999:—
"Whether the aclron of the Management of Nuasahi Chromite Mines of M]s. IMFA Ltd., bv refusing employment to Shri Sanatan Biswal is legal anil justified ? If not to what relief the workman is entitled to" ?
2. While making reference intimation was sent to the workman (herein-after called as the 2nd Parly and to the Management ("hereinafter called as the 1st Party) directing them to file their claim statement, written statement and relevant documents before the Tribunal. On receipt ot the reference the Tribunal also issued notice to both the parties. Inspite of such notice the 2nd Party-workman did not take any step. No claim statement was filed by the work- man inspite of opportunity given to him. The 1st Parly-Mana- gement has made their appearance.
3. Tt is submitted on behalf of the Management that the 2nd Party-workman had no dispute at all and the action taken by the Management was in accordance with the rules and provisions of Industrial Dispute Act and no illegality was committed by the Management.
4. The 2nd Party-workman has not responded to the notice issued from the Ministry and from the Tribunal, He has also not filed any claim statement inspite of notice issued to him. Tn absence of claim statement and other materials it can not be said that there exists an Industrial Dispute between the parties, The absence of 2u, Party-workman suggests that he has got no cause of action,
5. From the above facts it can be inferred that at present the 2nd Party-workman has qot no dispute with the 1st Party-Management.
6. Hence, no dispute award is passed.
7. The reference is answered accordingly.
Dicatted and Corrected by me.
S. K. DUAL, Presiding Officer New Delhi, the 23rd July, 2001
S.O. 2110.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Industrial Tribunal, Alappuzha (Kerala) as shown in the Annexure in the Indust- rial dispute between the employers in relation to the mana- gement of The Dy, General Manager, Balmer Lawrie and Co. Ltd, and their workmen which was received by the Central Government on 20-7-2001.
[No. L-3OO1I|65|2OOO-1R(M)1
B, M. DAVID, Under Secy.
4394 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PARF IT—SEC. 3(ii)]ANNEXURE
IN THE COURT Oh THE INDUS 1 RIAL TRIBUNAL. ALAPPUZHA
(Dated [his the: 22ml day of June 2001) PRESENT :
Shi i M. N. Ri.dliaki ishna Mienon Industrial Tribunal I.D. No. 9I200KC)
BETWEEN
The Dy. General Manager, Balmei Lawrie and Co. Ltd., Aroor,
AND
Their workmen of the above concern represented by the (1) Vice President, Balmcr Lawrie Employees Orga- nisation, Aroor-688534, Kerala.
2. The Secretary, Balmer Lawiic Thozhilali Union, Aroor-688534, Kerala.
AWARD
The Oovernment of India has as per their order No. L- 30011|6512000|IR(M) dated 24-1-2001 icferred this indust- rial' dispute between the above paities in respect of the fol- KDwing issues for adjudication to this Tiibunal:
"Whether the action of the management of M[s. Balmcr Lawrie and Co., Aroor in tcrminatinfl the services of S|Sri, Jayakumar (Token No. 1348), Vishnu- -kumari K.S. (T. No. 1349), Shaji, C M. ((\ No. 1350), Sussant, C.K. (T.No. 1351), Biiu, T.B. (T. No. 1352) and Venugopal, B S. (T. No. 1353) operative (Welder, Fitters) in labour Gr, II, with effect from 12-4-2000 is justified? Tf not. to what relief these workers are entitled to?"
2, Above reference was accepted to file nnd issued notice to the parties to appear on 9-3-2001, puisuanl to which, the mnrwfiemcnt ffppeored but the union did not appear. Hence registered notice was issued to the union (o appear on 6-4-2001. Fventhough the union has accepted the notuc, they did not appear and present iheir claim. Theiefoie (hey were declared-ex-pnrte and the- matter was posted for mana- gement's version On 22-6-2001, the counsel for the m.inn- pentanr submitted thai the factoty has been closrd long back and the entire workers have left after accenting (heir cornnen- sotion and nil other benefits. His submission is rccoided.
3. In view of the above, I hereby pass an award holding that there does not suhiist nnv< industrial depute between the. parties warrantipg fm adjudication by this Tribunal nt present.
(Dated this the 22nd dnv of Tune 2001) M, N. RADHAKR1SHNA MENON, Industrial Tnhimal ISVw Delhi the 23rd July, 2001
S.O. 2111.—In puihuance of Section 17 of the Industrial Disputes Act, 19-17 (14 of 1947). the Cential Government heieby pnbl --lies the Award of the Central Government Iruhi.trijl TJ bun.il-cum-Labour Court, MUMBAI us shown in the Auncxuie, m Hit- industrial dispute between the cm- plovers in iclniion to the BOMBAY PORT TRUST and their workmen which v.as received by the Central Government on 20-7-2001.
[No. L-31O12|5|97-IR(M)| B. M. DAVID, Under Secy.
ANNEXURE
BFFORF T1TH ChNTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, MUMBAI
PRESENT :
S. N. Saundankar,
(In-ChaiKe Piepidine Officer)
Reference No. CG1T-1I54 of 1997
MV1P1 OYFRS IN RFLAT1ON TO THE MANAGFMFNT OF BOMBAY PORT TRUST
The Chairman, Bombay Port Trust, Ballaul Istate, Mumbai.
AND
Thcii Workmen.
Shn Gunaji Khikaji Mas-avknr, Srnaji Nagar, Chawl No 2, Room No 2, Miimbra, Distt. Thane.
AI'PEARANCI S ;
For the Jimployei : 'Mr, M. B- Anchan, Advocate. For the Woikmen : Mr, Jaiprakash Sawant, Advocate. Mumbii, dated 25th June, 2001
AWARD-PART-1I
Bv the interim A waul dated 29th April, 1999. my Learned Piedecetsor held th.it the domestic inquiry held against the woilm.in Shri Gnnaji Bhikaji Mnsavkar vitiates as it was violating the Puncjples of Natural Justice and that findings ivroriiod bv llu- inquiry officer were perverse, and consequen- tly direcf"d 'he management to lead evidnece to iustify the nation of dismissing the services of Shri Masavkar fiom Bombay Port Tiust
2 The facts of the case in short is as under :
Mr. Naik, Atstt. Shed Superintendent on 17-2-87 at about 11 00 A M. noticed at Shed No. 17 some empty cartons on the No'th side of 'F' Bny. Consequently, he informed the rame (o llnj pulico constable Shri Deshmukh, Buckle No. 9341 and rs'ccd him (o inform Yellow Gate Police Station. On checking it was found that the pallet containing the film rolls wa* -i part of the consignment of item 18 of the vessel '•BOIZI'NBURG" It was also found that 2011 rolN of film wciv missing Polir-^ consequently arrested the workman filort'iwith others- and that on 28-2-87 one of the accused Mi Raii^ir,! ccnifr=s"d that he alongwith workman MY. Mnsavkar, Ashok Chavan. Keshav Mhutre and Ramesh Jadhav had stolen film rolls on 15i2jK7 from Shed No 17 and volimtfcm,] to show tin1 shot> and the person to whom Ashnk Chavnn ^c'd the same "He led the police partv and pointf\1 oni- Mr Ro"hanlnl lain ai Ruby Chambcj-s, Buiidina. Fjit Mnikcf S^'d lain nroduced one gunnv bag containing 7 bo\'js rnrh box contaimnir 100 film rolls and they have b en i'"C'vnrd "n 27-6-19R7 in panchannma. It is oonter- ij \1 woikms'n Mi. Masnvkar i" the prosprree of Pnnchas ' • a t t fd t h at he r i o n e w i th G h a p. C h a v an a nd o t h e rs h a ve s t o- loliee Mnd P-infhn'. *o Room No. 13. Bldg. No, 4|16. 1st Moor M K ^m;n Marf and nointed out a nerson n"m' il Gon-il ^ i p hi iyhn i'n tiirn tr'fidueed orw biif six curd boai'd box t-ont-inirnT (4 nTki'ts each containing 10 film lolN'and ^ TIT'-T'> of film r^Hs HT>d nlso p ^ ^ d n e *^ ^ve f*T^d boai'd boxes each containing 100 film rolls, make of Germany.
4395It is contended since the woikmnn Masavkar was involved in a tlieft case he was chargesheeted before Additional Chief Metropolitan Magistrate 6th Coun Ballard Pier, Bombay, bearing No. 397 JT* of 1987. The management, Bombay Porl TrLiit istucj a chargesheet and conducted inquiry and that the mquii y officer on examining the material witnessess con- cluded that cnaigc of theft against the workman has been proved and the Disciplinary Authority and the Appellate Authority endured the findings of the inquiry officer result- ing in dismissing him from the service, from 23-8-9J.
3. The workman Mr, Masavkar refuted the allegations made against lim. According to him he had been falsely implicated in the criminal case. Consequently he prayed for reinstatement in service with full back wages.
4. As stated above domestic inquiry conducted against the woikman Masavkai held to be vitiated and consequently management on giving opportunity to justify its action, led evidence of Mr. Shindc, Nasik, Deshmukh and Tawdc vide E\hibit-12 to 15 and in rebuttal workman Mi', Masavkar examined himsi-If at (Ex-16)
5. I have gone through the written submissions of the management M.B.P.T. (JixhibiM7) and the workman (Ex-18). On Perusing the record as a whole and the written sub- missions I recoid my findings on the issues framed by my Learned I'rcdeeessoi at Kxhibit-9 for the reasons as follows :—
Issues
Findings 3. Whether the action of the Not justified, management in dismissing the woikman is justified and legal ?
woikman is entitled ?
4. I[ not, to what relief the As per order below.
REASONS
6. At the outset it is to be noted that in view of ammend- ing Section 1]-A of the Industrial Disputes Act. since the domestic inquiiy held by the management against the work- man vitiates the validity of the action taken by it is to be scrutinised and adjudicated upon, on the basis of the fresh evidence. Inquiry proceedings on being found to be bad have to be ignored altogether, for which reliance can be had to Neeta Kaplish Vs, Presiding Officer, Labour Court and Anr. S.C. 1999 I CLR 219.
7. Mr. Naik deposed that when he was posted at Shed No 17, Indira Dock in the day shift on 17-2-87 at about 9,00 a.m. while taking round he saw empty cartons near the northern side, which he apprised to Assistant Manager and on his instruction contacted the Yellow Gate Police, and that cons- table Buckle No. 9341, was given the property, to be de- posited in lhe police station, and that on inquiry by the P.S.L Mi". Bhisi;, Panchanuma was prepared. Mr, Shinde, Laboui Supervisor deposed to the effect that in his presence Pancha- nama of the seizure of pallet was piepared by the police and that police constable Mr. Deshmukh said that he lodged a complaint on ccairance with the Yellow Gate Police Station, Mr Tawade who was then working as Assistant SlicJ Supeiin the management on that basis k totally not justified.
8. It is seen from the record workman Mr, Masavkar alongwith nine others were chargesheeted vide 397/P of 1987 under ^eclion 380 read with 114 of Indian Penal Code and were acquitted by the Additional Chief Metropolitan Magistrate, 38th Court, Ballard Pier, Bombay on 23rd October, 89. Theii Lordships of the Bombay High Court in Chandrakant Raoji Gaonkar Vs. Bombay Port Trust & Or^. 1995 I CLR 8fi0. mled that Hon'ble acquittal in the criminal case on merits, if charges in ciiminal case nnd disciplinary proceedings aie common, effeect of acquittal in criminal case warrants the dropping of disciplinary inquiry, In Abdul Hakim Ahmad V. District Superintendent of Police 1978 GLR, Their Loiciships ol the Gujarat High Court held that on the basis of the same material and on the'basis of re- appreciation of same evidenece which was thiTe before the criminal court, without anything more it is not open to the disciplinary authoiity to take contrary view and if thils is permitted then it would render the judicial system nugatory.
9. In view of the rulings and the discussion supra the action of tliL- manMiicnunt on the ground of misconduct as the woikman ulleaed to have committed theft is totally unjusti- fied, not proper and illegal. Consequently workman Mr. Masavkar is required to be reinstated in service and the management is liable to pay him full baok wages and otbei' consequential monetary benefits with continuity in service. Issues are theicfoie answered accordingly and hence thi order :—
ORDhK
The action of the management of Bombay Port Trust in dismissing the stivices of Shri Gunaji Bhitaji Masavkar w.e.f. 23-8-^1 is unjust, improper and illegal.
Management 1-j reinstate Mr, Masavkar in Service and him full back wages with continuity in service.
S. N. SAUNDANKAR, Presiding Officer New Delhi, the 23rd July, 20O1
S.O 2112.— In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Govt. Indus. Trl- bunal-cLim-Lahour Court, BHUBANKSWAR (OR1S6A) as shown in the Annexure, in the industrial dispute between the employeis in nation to the NUASAHI CHROM1TK MINES and their workmen which was received by the Central Go- vernment on the 20-7-01.
I No. L-29012|5|99-IR(M)] B. M. DAVID, Under Secy.
ANNEXURH
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM IABOUR COURT: BHUBANESWAR PRESENT :
Shii S, K. Dhal. OSJS, (Si". BianchJ,
Piesiding Officer, C.G.I.T.-cum-
Labour Court, Bhubaneswar.
Tr. Industrial Dispute Case No, 26012001 Dated, Hhubaneswar, the 6th July 2001 BETWEEN :
The Management of Nuasalu Chromite Mines of M|s. 1MFA 'Ltd.,
Rasulgarh, Bhubancswar. . . First Party-Management.
(AND)
Their workman, Shri Bilas Paduria, Al, Nuakupudi, P O. Padhiaripalli. Kconjhar.
. . Second Party-workman4396 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PARr II—SEC. 3(ii)] APPEARANCES :
Shri M. K, M.ihupatra & Shri M, It. Kar. . . For the First Party-Management. .. For the Second Party-Workmau. None.
AWARD
as shown in the Anncxure in the Industrial Dispute between the employers in relation to the management of Maksud Ahmed Lukman Bhai (Lime Stone Mines Owner) and the workman, which was received by the Central Government on 20-07-2001.
l[No. L-29012l8|95-IR(M)] B. M. DAVID, Under Secy.
The Government of lnd;a in the Ministry of Labour in ejtercise of Powers conferred1 by Clause (d) of suh-secli'Ti (1) and sub-section 2(A) of Section 10 of the Industrial Dis- putes Act, 1947 (14 of 1947) have referred the following, dispute for adjudication vide their Order No. L 29012151 99|IR(M), dated 7-6-1999 :—
"Whether the action of the Management of Nuasahi Chromite Mines of M/s, IMFA in refusing employ- ment to Shri Bilas Paduria is legal and justified 7 If not, to what relief the workman is entitled" ?
2. While making reference intimation was sent to the workman (hereinafter called as the 2nd Party) and to the Management (hereinafter called as the 1st Party) directing them to file their claim statement, written statement and relevant documents bciore the Tribunal. On receipt of the lefeience the Tribunal also issued notice to both the parties. Inspile of such notice the 2nd Party-workmun did not take any step. No claim statement was filed by the woikman inspite of opportunity given to him. The 1st Party-Manage- ment has made their appeaiance.
3. It is submitted on behalf of the Management that the 2nd Party-workman bad no dispute at all and the action taken by the Management was in accordance with the ruks and provisions of Industrial Dispute Act and no illegality was committed by the Management.
4. The 2nd Party-woi kman has not responded to the notice issued from the Ministry and from the Tribunal. He has also not filed any claim statement insnitc of notice issued to him. Tn absence of claim statement and other materials it can not be said that there exists an Industrial Dispute between the parties, The absence of 2nd Party- workan suggests that he has got no cause of action.
5. From the above facts it can be inferred that At present the 2nd Party-workman has got no dispute with the 1st Party Management.
6. Hence, no dispute award is passed,
7. The reference is answered accordingly.
Dictated & Corrected by me.
S, K. DHAL, Presiding Officer.
New Delhi, the 23rd July, 2001
S.O. 2113.—Tn pursuanc of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby pub- lishes the award of the Labour Court, Kota 4W
New Delhi, the 23rd July, 2001
S.O. 2114.—In pursuance of Section 17 ol the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby pub- lishes the Award of the Industrial Tribunal, Kota as shown in the Anncxurc in the indus- trial dispute between the employers in rela- tion to the Associated Stone Industries and their workmen which was received by the Central Government on 20-07-2001.
'[No. L-29012'58l99-TR(M)]
B. M. DAVID, Under Secy.
419*' THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 21L 1923 [PART II—SEC. 3(ii>]New Delhi, the 24th July, 2001 '"Whether Shri Gnmhhir Singh who was working as Security Supervisor in the mines of M/s. Asso- ciated Stone Industries, Kota is a workman as de- Jinetl undei Section 2(S) of I.D. Act 7 If yes, whe- ther his itmoval from service by the management w c.f, 12-8 98 is justified 7 If not, to what relief the workman is entitled 7"
S.O. 2115.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of lc)47), the Central Government hereby pub- lishes the award of the Industrial Tribunal. Jodhpur as shown in the Annexurc in the In- dustrial Dispute between the employers in relation to the management of Sonu Chuna Patthar (Jussehner) and their workman, which was received by the Central Govern- ment on 20-7-2001.
•[No. L-29012|47|93-TR(M)]
B. M. DAVID, Under Secy4399 4400 1HE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3iii)] New Delhi, the 24th July, 2001 S.O. 2116.—Tn pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby pub- lished the award of the Central Govt. Bhnba- neswar, as shown in the Annexure in the In- dustrial Dispute between the employers in re- lation to the management FACOR (BhadralO and their workman, which was received by the Central Government on 20-07-2001.
[No. L-29012l74l95-IR(M)l
B. M. DAVID, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRTBUNAL-CUM-LABOUR COURT, BHUBANESHWAR
PRESENT :
Sri S. K. Dhal, OSJS (Sr. Branch), Presiding Officer, C.G.I.T.-cum- Labour Court Bhubaneshwar.
Industrial Dispute case No. Tr. LD. 10712001 Dated, Bhubaneswar, the 28th June, 200!
BETWEEN :
The Management of Executive.
Mines. FACOR, Laxmi Bhawan, Kuans, Bhadrak. . . 1st Party- Mann gement.
AND
Their Workman Shri Sudarsan Roul Vill. Talagarh, PO. Nuagaon- Via, Jaipur Road, Dist. Jaipur. . . 2nd Party-Workman.
APPFARANCES :
Shri S. B. Nanda, Advocate.—For, the 1st Party Management.
Shri B. C. Bastia, Advocate.—For the 2nd Party Workman.
AWARD
The Government of India in the Ministry of Labour, in exercise of powers conferred by Clause (d) of sub-section (1) and sub sec- tion 2(A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) have Re- ferred the following dispute for adjudication vide their Order No. L-29012I74195-IR (Misc.). dated 05-01-1996 :—
"Whether the action of the Management of FACOR in terminating the ser- vices of Shri Sudarsan Roul w.e.f. 6-9-94 is lawful and justified ? If not, to what relief the workman is entitled to" ?
2. While making reference notice was sent to the Executive (Mines), FACOR (herein- after called as the 1st Party-Management) and Shri Sudarsan Roul, (herein-after called as the 2nd Party) directing them to file the statement of claims, relevant documents and litit of witnesses. Accordingly the 2nd Party filed his claim statement.
3. The case of the 2nd Party may be stated in brief :—
He was appointed by the 1st Party-Manage- ment as Blasting Foreman with effect from 21-4-1981 in a'consolidated pay of Rs. 800 per month. He was confirmed in his service as a Blasting Foreman in the scale of Rs. 680 with usual dearncss allowance under order dated 3-11-1982. Subsequently he was pro- moted as Sr, Foreman from 1-2-1987. He was discharging his duties most efficiently but suddenly the 1st Partv-Managemcnt ter- minated his services with effect from 6-9-1994 vide its order dated 5-9-1994 with- out assigning any reason. No notice or ' any compensation in lieu of notice was given to him before termination. It is further pleaded by the 2nd Partv that while he was working at Boula Chromitc Mines he was transferred and was relieved from Boula Chromite Mines on 14-7-94 (A.N.) and reached in his new place of posting on 15-7-1994 (Evcnina) nnd reported to the Mines Manager about his arrival. On the next date i.e. on 16-7-1994 he submitted his joining report but the Mines Manager did not allot him any duty cither in mines or in the Office, As the 2nd Party sat4401 idle he frequently approached the Mines Manager for allotment of work. But he was asked to quit the job. This is continued up(o 8-8-1994. He went on leave from 9-8-1994 due to sickness of his wife and subsequently he iell sick. After returning from leave when he reported for duty with medical certificate he was given termination order in which it was stated that his services were no longer required and his service has been terminated with effect from 6-9-1994. He was paid all his dues. He submitted a representation about his illegal termination but no reply was re- ceived by him. The further case of the 2r>d Party is that he being the workman as defined under section 2(s) of the Industrial Dispute Act his termination without any notice is illegal. So he raised a dispute before the Labour Commissioner (Central). As the re- conciliiation failed the matter was referred to the Government of India (Ministry of Labour) who subsequently made reference as stared above.
4. The 1st Party-Management in his written statement has taken the stand that, the 2nd Parlv was working in their organisation as a Sr. Foreman in the Management cadre per- forming his dutv in supervisory capacity having administrative power. He was drawing a sfiiirv of Rs. 4.673.22. So according to the 1st Party-Management, the 2nd Party was not a workman as per the defination u's. 2(s) of Industrial Dispute Act, The mnin stand of the 1st Partv-Management is th-.it the 2nd Partv not beine a workman this reference is no* maintainable.
5. On the above pieadines of thr parties the following issues have been settled :—
L Whether Shri S. Ronl is a workman within section 2(s) of the I.D. Act and on th?t counter whether the reference is maintainable ?
IT. Whether the nction of the M-nnaee- ment of FACOR in tcnrnnntinf* the services of Shri S. Ronl with effect from 6-9-1994 is lawful and justi- fied ?
III. To whnt relief, if any, the workman is entitled ?
6 On behalf of the 1st Partv-Mnnaqement D\. Manager (Mines1! hns been exnmined as one of the witness whereas the 2nd Partv hns bf-n himqr-if examined in support of his 2435 GI/2001—34
pleadings. Both the parties have filed num- ber of documents which has been exhibited in this case.
FINDINGS
ISSUES NO. 1.
7. Mr. Nanda, learned Counsel appearing for the 1st Party-Management has farely conceded that the 1st Issue is the decisive one touching upon the maintainability of the reierence while the other two are conse- quential. According to him the 2nd Party vac not a workman as defined u|s. 2(s) of the Industrial Dispute Act so as to revoke the I.D. Act in respect of the present dispute. He has strongly canvassed that Shri Roul whe wa^ appointed as a Sr. Foreman does not come under the defination of workman as he was in the Management cadre performing the duties in supervisory capacity and also exer- cising administrative powers. According to Mr. Nanda the 2nd Part) was receiving a sum of Rs. 4,673.22 as wages and so he would not come under the definition of workman as per the LD. Act. Inviting the attention of this Tri- bunal Mr. Nanda has submitted both oral and documentary evidence if taken into considera- tion, the only conclusion that can be arrived that the 2nd Party was not a workman.
8. On the other hand Mr. Bastia, learned Advocate appearing for the 2nd Party refutt- ing all the contentions made on behalf of the 1st Party-Management has submitted that the 2nd Party is a workman as per the defina- tion under section 2(s) of thr ID Ac' Ac- cording to him in he reconciliation proceed- ing Hie reconciliation officer hold that the 2nd Party as a workman and tlv^re is existence of Industrial dispute between the parties and the Government of India (Ministrv of Labour has agreed to it and so has made the reference to this Tribunal and so nne can safely come to the conclusion that the 2nd Partv is a workman. He has further stated that the 2nd Party was discharging his duty ns a workman but not as a supervisory capacity. Placing reliance on the appoint- ment order (Ext.-1V Confirmation order VLxt.-2) Promotion Order (Ext.-3) and docu- ments produced bv the Management M # M1 it hns been submitted bv Mr. TCnstia that if those are taken into consideration no other coneiiKirm would be arrived except that the 2nd Pnrtv w"s a workman and he was not dis- Hinrinc the dutv in supervisory capaoitv, Mr. Bastia has also further submitted that the4402 THE GAZETTE OF TNDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART TT—SEC. J(ii)] salary is not a criteria to decide whether a person is a workman or not. The submissions made by both the parties require careiul consideration because this Issue will decide the fate of the 2nd Party.
9. Section 2 ( s) of I.D. Act defines the meaning of "workman",. It reads as follows :--
2 0) "Workman' means anv per on
brought out from the mouth of Management Witness No. 1 in his deposition that the 2nd Party is covered under the certified standing order of the company. The evidence of the workman is that he himself does the deep hole blasting in the mines. As he carries out the said work under Rule 160(2) of the Metaliierous Mines Regulation it can not be said that he was discharging as supervisory capacity. Reference has also been made to Rule 2 9 ( q) of the mines Rule to convince this Tribunal that the disputant was a workman.
(including an apprentice) employ- ed in any industry to do any manual, unskilled, skilled, techni- cal, operational, clerical or super- visory work for hire or reward, whe- ther the terms of employment be expressed or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharg- ed or retrenched in connexion with, or as a consequence of, thtt dispute, or whose dismissal, discharge or retrenchment has led to t Hi dispute, but does not include any such person :—
(\) Who is subject to the Air Force Act, 1950 (45 of 1950), or the Armv Act, 1950 (46 of 1950), or the Navy \ct 1957 (62 of 1957); or
(ii) Who is employed in the polic; service or as an of^o.-r or other employee or a person, or
(iii) who is employed mainly in a managerial or .Klunnistrativ" capacity; or
(iv) who, being employed in a super- visory caporty, d r v^ va *es exceeding one ihousji.d M* hun- dred rupees per mensem -n eter cises, either by Ih? nalmv of the duties attached to the oitiee or bv reason oC ihe powers v?sted in him, functions mainly of .1 mana- gerial nature.
10. Referring to appointment order (Ext.- 1), confirmation order (Rxt.-2) and Promo- tion Order (Ext.-3) it has been submii^jd on behalf of the 2nd Party tint the certified standing order is applicable only to the work- man under the provisions of certified stmd ing order Act and the defination of workman under the certified standing order Act is s-imc under section 2 ( s) of I.D, Act. It has been
11. On the other hand it has been conterd- ed on behalf of the Management that the evi- dence of the 2nd Party-workman and his remuneration would suggest that he was not a workman as per the provisions of I.D. Act. The 2nd Party, Shri Roul has himself examin- ed as workman witness No. 1. He has ad- milted that he was getting salary of Rs. 4,90) per month. He was reporting to the Mines Manager about the absence details of th.: workers attached to the blasting work g'v'mg comments as to whether such absence were un-authorisc. He also admitted that he was doing so after checking the attendance of the blasting personnels. He also further stat- ed that foreman, some blasters helpers and Mazdoors numbering about 15 to 20 were helping him in blasting work. Rel'ering to Ext.-C which is a report given by Shri Roul to the authorities complaining that without assistance of pump and drilling Deptt. and security Deptt. the blasting ODerations could not be carried out. It has been submitted th:it this work indicates that he was doing supervisory work. Reference has also made to Ext.-E & F in support of the pleadings of Hie 1st Party-Management. Ext.-E is a re- port of certain period indicating the time loss •"nd reasons for dclav in open cast blasting. Exf.-F is the letter of Mines Manager addrcss- ed to Shri Roul indicating his supervisory Jurisdiction. Shri Roul has also admitted that lv* wnS representing the Management before the Government as per assignment given to him. Reference can be made to Ext.-G. Shri Roul has also stated that he was recommend- ing about the safety measures to be tr>kcn in blasting (Ext.-H). Much emphasis was "iven to Ext. N whirh is a letter to the Mines M-,r>imT tnven by Shri Roul not to give him supervisory work for the undcr-grouund working since he rn1 oncn n st mines. Mr Roul has nlso admitt- ed tlrnt nil Icwe applications of pmniovecs of blasting section were being routed through4403 workman must be held to be employed to do that work which is the main work he is re- quired-to do, even though he may be inci- dentally doing other type of work. In that case the foreman, chemical was drawing a salary in excess of Rs. 500 per month and his duty are of supervisory nature and the manual work done by him personally is only incidental. In my opinion, the observations made in the cited case is applicable to the present case. The 2nd Party was drawing a salary in excess of Rs. 500 per month and he was doing more supervisory nature of work than the manual work done by him pre- sently which can be called as incidental. So as per the above discussions, I agree with Mr. Nanda, learned counsel appearing for the 1st Party-Management that the 2nd Party is not a workman under the definition u[s. 2(s) of I.D. Act.
ISSUE NO. II & III
12. When I have come to the conclusion that the 2nd Party is not a workman no findings is necessary in respect of the above two issues because the question of compliance of provision under section 25(s) does not arise when the 2nd Party is not treated as a workman. Tn that case it can not be said that the termination of service of Shri Roul with effect from 6-9-1994 is un-lawful and un-justificd. The 2nd Party is also not en- titled to for any relief.
13. Reference is answered accordingly.
Dictated & Corrected by me.
S. K. DHAL, Presiding Officer
New Delhi, the 25ih July, 2001 him before being finally approved. Reference has been made to Ext.-Q series where Mr. Roul was recommending to the higher authori- ties for confirmation in services of some workman. Ext.-S is the salary slip of Shri Roul. Ext.-T is the organisational chart pre- pared by him and it has been contended that would suggest he was next to the Manager and below to him several other positions in the blasting department. Mr. Nanda, learn- ed Counsel appearing for the 1st Party- Management has invited attention of this Tri- bunal that Ext.-V which is the Mines Fore- man Certificate of competancy issued under the Metaliferous Mines Regulation 1961 where under the defination of mines foreman as per the definition clause regulation 2(19) which says that mines foreman means a per- son possessing a manager's or foreman" certi- ficate and appointed by Manager in writting, under any designation whatsoever to perform the duties of supervision or control in a Mine or part thereof and includes a shift boss. Shri Roul was also recommending the case of the employees working under him for regu- larisation. Reference can be made in this regard to Ext.-X. Shri Roul was a member oi: the delegation of the Management team for discussion with other Management which is found from Ext.-Y & Z. Ext.-GG discloses that Shri Roul was inspecting different places in the mines observing irregularities and suggesting remedial measures. This fact has not been rebutted by the 2nd Party. I am not inclined to agree with Mr. Rastia, learned Counsel appearing for the 2nd Partv that salary would not be a criteria to consi- der whether a person is a workman or not ? If the contention of Mr. Bastia is accepted for argument sake, in my opinion, there should not have any provision in the Industrial Dis- pute Act as revealed from Sub-section IV of section 2(s). But admittedly Shri Roul was drawing Rs. 5,000 towards his wages. In mv opinion from the materials available on record it can be said that Shri Roul (2nd Party) was never doing any manual, un- skilled or skilled, technical and operational or curriculum work. But he was doing super- visory, administrative and managerial work. Rclnncc has been placed by the 1st Partv- Managcment in case of Burmah Shell Oil Storaee r"nd Distributing Co. of Tndia Lid., Vis.-The Burmah Shell Management Stpff Association and others reported in AIR 1971 vSC 92?. Tn that case it was observed lh::£ to find out a person workman or nor; a
S.O. 2117.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Ciovcmmem hereby publishes the award of the Central Government Industrial Tribunal.
4404 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)]Kola -db shown in the Annexure in the Industrial Dispute between the1 employers in relation to the management of R.A.P.P. (Rawat Bhata) and their workman, which was received by the Central Gov- ernment on 20-7-2001.
LNo. L-42011)20|99-IR(M)] B. M. DAVID, Under Secy.
New Delhi, the 25th July, 2001
S.O. 2118.-—In pursuance of Seetion 17 of th( Industrial Dispute Act, 1947 (14 of 1J947), the Central Government hereby publishes the award oi the Central Government Industrial Tribunal, Chenna: as shown in the Annexure in the Industrial Dispute between the employers in relation to the managemem of Indian Oil Corporation, Madras and their work- man, which was received by the Central Govcrnmem on 24-7-2001.
[Nd. L-30012j25|98-IR(C-I) S. S. GUPTA, Under Secy
s.
4435The Govt. of India, Ministry of Labour in exercise Ot powers conferred by clause (d) of sub-section (1) ana sub-section 2(A) of Section JO of Industrial Dispute Act, 1947 (14 of 1947), have referred the concerned Industrial Dispute for adjudication vide Order No. L-3OO12|25|98-IRi,C-I) dated 21-12-1998.
This reference has been made earlier to the I amil Na|du Industrial Tribunal, where it was taken on lilc as l.D. No. 5|99. When the matter was pending enquiry in that Tribunal, the Govl. oi India, Ministry of Labour was pleased to order transfer of this case rrom that Tribunal to this Tribunal for adjudication. On receipt of records from that Tribnual, the case has been taken on file as l.D. No. 63J2001 and notices were sent to the counsel on record on either side, informing them about the ti ansfer of this case to this Tribunal, with u| direction to appear before this Tribunal on 29-l-20yi. On receipt of notice from this Tribunal, counsel on cidaer side.present with their respective parties and prosecuted this case further.
This matter came up before me for final hearing on 7-6-2001, upon perusing the Claim Statement, Counter Statement, other material papers on record, documentary evidence let in on the side of the Management and upon hearing the arguments of learned" counsel on either side and this matter having stood over till this date for consideraton, this Tribunal has passed the following :—
AWARD
The Industrial Dispute referred to in the above order of reference by the Central Govt. for adjudica- tion by this Tribunal is as follows :—
therefore, they requested the cash section to advise the relevant cash receipt nos. and the date on which ii was issued towards uic cancellation ol demand dians. men the Respondent/corporation made a complaint to the State Bank of India and the baoik informed the Respondent that two of the demand drafts were encashed. The Respondent caused further investiga- tion whioh revealed that the petitioner had surrep- titiously removed tnc nve demand dratts opened a savings bank account in the name of the payee i.e. Lingappa and encashed the two demand dratts for Rs. 61,014.58. When the Petitioner came to know that the fraiud1 had come to light, he voluntarily wiote a letter confessing that he had removed the demand drafts and that he was prepared to make good the amount. Accordingly, he paiid the sum of Rs. 61,614.58. On 8-3-91, a charge sheet was issued to the petitioner setting out the details of fraud com- milted by the Petitioner and charging him with mis- conduct of theft, misappropriation, dishonesty in con- nection with the Corporation's business]property and acts subversive of discipline. The Petitioner was suspended from duty on 10-7-90 pending disciplinary proceedings by an order dated 10-7-90. The Peti- tioner was called upon to appear for an enquiry in which he admitted the charges. On 3-7-92, the Enquiry Committee gave its report holding that the charges aga|inst the petitioner are proved. On 7-7-92 a second show cause notice was issued proposing the punishment of dismissal. On 14-8-92, the Peti- tioner gave a reply in which he pleaded that because of his family problems, he had to commit the mis- conduct and pleaded for lenience. Alter considering his representation orders were passed on 27-7-1992, dismissing the Petitioner fiom service. Against the order of dismissal the petitioner preferred an appeal which was dismissed on 26-3-93.
"Whether the action of the Management of Indiam Oil Corporation, Madras in dis- missing the strviccs of Shri Haneef Abdul Malik, an Assistant from 27-8-1992 is just, proper and legal ? If not, to what relief is ihc workman entitled ?"
2. The Industrial Dispute between the parties is
briefly as follows :—
3. It is the contention of ihe Petitioner that due to the acute family problems he was forced to commit the alleged misconduct a(nd as a matter of fact the Petitioner had made good all ihe monetary loss to the Respondent | Corporation and there is absolutely no theft, fraud, misappropriation or dishonesty in- volved in so far as the Corporation's business|pro- perty is concerned. Tt is the contention of the Peti- tioner that the Respondcnt/Coiporation, while awarding the punishment of dismissal, had not taken into consideration his long and meritorious services and the fact that he belonged to the minority com- munity. It is also the contention of the Petitioner that the punishment of dismissal inflicted upon him by the Respondent [Corporation is shockingly dis- proportionate extremely out of proportion to the gravity of the offence said to have been committed, especially when the Petitioner had made good all the repbrted temporary handling of cash. The non- employment of the Petitioner caused and brought about by the Respondent|Management is wholly un- justified and unwarranted in the circumstances of the case. Hence, the Hon'ble Tribunal may be pleased to mod'fy the punishment imposed by the Respondent! Management by exercising power and jurisdiction conferred under Section 11A of the Industrial Dis- putes Act, 1947.
The 1 Party|Workman Sri Haneef Abdul Malik (hereinafter referred to as the Petitioner) had joined the services of II Party/Management, Indian Oil Cor- poration Ltd., Chennai, (hereinafter referred to as Respondent) on 31-12-1981 as a Typist cum Clerk and he was posted to work in the Engineering De- partment at the Regional Office. Thereaftci the Petitioner was promoted as Assistant in the year 1987 and was posted in the Regional Accounts Cash Sec- tion. The Petitioner worked" in the Cash section from August, 1988 to Jlunc, 1990 ivnd thereafter he was transferred 1o Input Cell in Southern Regional Office, Madras. On 8-12-89, the Respondent purchased from the State Bank of India, C & I Division, Anna Salai, Chennai, five demand drafts, dratwn on the State Bank of India, Dharwar. On 27-2-90 the said de- mand drafts were returned to the Capital Assets Sec- tion for cancellation. The demnmd drafts were handed over to the cash section for cancellation and crediting the amount. While finalizing the accoun- ting schedules in connection with closing of accounts, the capital assets section ohsuved that necessary credit towards cancellation of the five demand drafts had not been afforded in the respective account codcc and
4. Tt is the contention of the Respondent/Manage- ment in their Counter that the act of misconduct of4406 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA ll, 1923 |PARI II—SEC. 3(ii)] submitted his reply dated 14-8-92. A xerox copy of the same is Ex. M l 5. The linal order has been parsed by the Disciplmary Authority dated 27-8-92 dis- missing the Petitioner lrom the seivjces ot the Corpo- ration with immediate eftcct. A xerox copy ot the same is Ex. M l 6. Then the Petitioner has preferred an appeal against the dismissal order gassed by the Dscipiinary Authority. A xerox copy oi that appeal daica 28-1-93 is Ex. M17. The Appellate Autho- rity passed an order dated 26-3-93 dismissing the appeal preferred by the Petitioner by confirming the punishment imposed by the Disciplinary Authority. The xerox copy of that order is Ex. M l 8.
the petitioner not only caused administrative prob- lems in reconciling the account bat also made an inno- cent officer to face disciplinary action. The family prob- lems can never be a ground for the petitioner to indulge in the misconduct of this nature. I he Central .bureau ot Investigation mterrograLed the Petitioner on 30-5-1990 and immediately thcioarter the petitioner was to mobilise the cash ol Rs. 61,614.58 and make good the money to the Corpoiation. Therefore, if he could mobilise Rs. 61,614.58 within a matter of two days, the misappropriation was deliberate and was resorted to hoping that it would not come to surface. The admission or guilt by the Petitioner and repay- ment of money cannot be said to be a mitigating circumstance. The misconduct committed by the petitioner was serious and warranted the punishment of dismissal. It cannot be said that the punishment was shockingly disproportionate. In view of these fapts there is no justification for this Hon'ble Tribunal to show any indulgence to the petitioner. Hence, an award may be passed1 rejecting the claim of the petitioner.
5. When the matter was taken up for enquhy, the counsel on either side gave consent to make the docu- ments on the side of the Management as Ex. Ml to Ml8, counsel on cither side had represented that they have no oral evidence to let in. No documentary evidence has been let in on the side ot the Petitioner. Learned counsel on either side have advanced their respective arguments.
6. The Point for my consideration is—
"Whether the action of the Management of Indian Oil Corporation, Madras in dis- missing the services of Shri Haneef Abdul Malik, am Assistant from 27-8-1992 is just, proper and legal? If not, to what ldief is the workman entiled ?"
Point—The Petitioner|Workman Sri Haneef Abdul.
4107punishment of dismissal and it cannot be said that the punishment was shockingly disproportionate. The Petitioner has not chosen to deny all these averments HI the CouiUei Statement of the Respondent;Manage- ment by filing any re-joinder or reply statement, rather he has plead'ed mercy by requesting this Tribnual to invoke its jurisdiction under section l lA of the In- dustrial Disputes Act to modify the punishment of dismissal imposed by the Disciplinary Authority for his proved misconduct.
10. Learned counsel for the Petitioner has cited a caf,e repented as 1983 (1) LLJ 261, in support of his argument that this Tribnual can invoke the juris- diction under section 11A of the Act to modify the punishment of dismissal from service imposed by the Respondent|Management against the Petitioner. In that ease, it is held that "it is a benevolent power conferred on the Labour Court and has to be exer- cised in the spirit in which the provision has been enacted in oider to further the intendment and pur- pose ol the legislation, keeping aglow before the mental eye some very important dimensions o[ the matter." One such decision has been taken up by the High Court of Gujajrat. Tn thaf case considering the gravity of offence said to have been committed1 by the employee concerned therein, it is a case v\here-i in trie concerned employee was dismissed from service in respect of two charges namely ( I) absence from duty for about tw0 days without obtaining prior per- mission and (2) theft of scrap materials such as nuts, bolts, screws etc. valued at less than Rs. 50. This decision of the High Court of Gujarat cannot be applicable to the present case because the gravity of the proved misconduct of the petitioner herein is not equivalent to the alleged misconduct of the employee in the cited case. So, the decision of the High Court of Gujarat in the above cited case cannot be applicable to the facts of the present case4408 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27A 1923 [PARI II—SEC. 3(ii)] M5 28-5-91—Xerox copy of letter No. P&A| 1461/356 issued by the Chief Finance Manager to the Petitioner.
M6 16-9-91—Xerox copy of letter No. P&A| 14611356 issued by the Dy. General Manager (Finance) to the Petitioner re- garding re-constitution of enquiry com- mittee.
M7 10-1-92—Xerox copy of letter No. P&Af 14611356 issued by the Dy. General Manager (Finance) to the Petitioner re- garding re-constittuion of enquiry committee ancT Presenting Officer.
M8 17-2-92—Xerox copy of letter No. P&AI 14611356 issued by the Dy. General Manager (Finance) to the Petitioner re- garding rc-nomirn(tion of Presenting Officei.
M9 24-2-92—Xerox copy of inter office memo issued to the Petitioner by the Enquiry Committee Members,
M10 13-3-92—Xerox copy of the notice of enquiry issued by the Enquiry Committee Members to the Petitioner directing him to appear for departmental enquiry.
M il 8-4-92—Xerox copy of the Enquiry Com- mittee Members tetter to the Petitioner en- closing therewith copy of proceedings dated 8-4-92.
M12 12-3-92—Xerox cooy of the Enquiry Pro-
ceedings held on 12-3-92.
rendered by Lhc Madras High Couit as stated above is also quite applicable to the faets of this case. It is hekf in various decisions of the High Court and Supreme Court that power under section 11A of the Act has to be exercised judicially and Industrial Tri- bunal or the Labour Court is expected to interfere with the decision of the Management under section 11A of the Act, only when it is satisfied that the punishment imposed by the Management is highly disproportionate to the degree of guilt of the work- man concerned. Considering all these above deci- sions of High Court and Supreme Court "nd applying the same to the facts of this case, this Tribunal can easily come to the conclusion that the sympathy to the delinquent employee, the Petitioner herein, is uncalled for. From the materials available in this case, it can be easily concluded that the proved mis- conduct committed by the Petitioner was certainly serious which warrants the punishment of dismissal from service ppid it cannot be said1 that the punish- ment was shockingly disproportionate. Hence under such circumstances, the punishment imposed bv the Respondenf|Management against the Petitioner of dis- missal from service does not warrant anv interefcrence by this Tribunal under section 11A of the Act, since the punishment imposed by the Management is pro- portionate to the degree of guilt of the workman concerned. Hence, it can be easily concluded that the action of the Management of Indian Oil Corpo- ration, Madras in dismissing the services of Sri Haneef Abdul Malik. Assistant from 22-ti-92 is just, proper and leepil. Hence, the concerned workman is not entitled to any relief. Thus, T answer the point accordingly.
Ml 3 3-7-92—Xerox Qopy of the findings of the
enquiry committee against the Petitioner, 13. In the result an award is passed holdinp that the Petitioner is not entitled to the relief prayed for. No Cost.
M l4 7-7-92—Xerox copy of the show-cause notice issued bv the Deputy General Manager (F) to the Petitioner.
4409New Delhi, the 25th July, 2001
SO 2119.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central G6vernment hereby publishes the award of the Central 'Government Industrial Tribunal, Ahrnedabad as shown in the Annexure in the Industrial Dispute between the empl6yers in relation to the management of ONGC Ltd, and their work- man, which was received by the Central Government on 24-7-2001.
[No. L-20040|39|95-IR(C-I)] S S. GUPTA, Under Secy.
ANNEXURE
BEORE SHRI P. R. DAVE, PRESIDING OFFICER, .yNfiUSTklAL TRtBUNAL (CENTRAL) AT AHMEDABAD
Ref (ITC) No. 12 of 1996
ADJUDICATION
BETWEFN
Oil &• Natural Gas Commission, Mehf-ana
. . First party.
Versus
The Workmen employed undci it . . Second Party. In the matter of the demand for treating the work- men of th. Canteen forking at ONGC Ltd., Mehsana as the workmen of ONGC Ltd., Mehsafia and giving them proper relief etc. APPEAFANCES :
Shri K. V. Gadhia, Advocate, for the first party. Slid A. S. Kapoor, Advocate, for the second party
AWARD
This industrial dispute between Oil & Natural Gas Commission, Mehsana and the workmen employed under it has been referred for adjudication u/s 10(1) of the l.D. Act, 1947 to thi\ Tribunal as per the schedule given below by the Desk Office, Ministry of Labour Government of Ifcdla under his No. 20040/39/95-1R dated 22-4-1996 :
"Whether the demand of the union for treating the woikmen. (listed in the enclosed anne- xure) of the Canteen working at ONfGC Ltd., Mehsana as or workmen of ON*GC Ltd , Mehsana is prepared justified ? If so, to what relief the concerned workmen arc entitled to and from which date?"
the ^ItieR <"n
2
ORDER
Both the parties have arrived as a cornpro^JBc and present this settlement before the TriWirtal. Terras of settlement appear just and proper and also in circumstance* of the reference. Hence settlement is recorded and an Awaid in terms of settlement is passed. Secretary, Ahmedabdd, Dated : 5th June, 1999.
P. R. DAVE, Industrial Tribunal BEFORE THE INDUSTRIAL TRIBUNAL At* AHMEDABAD
Reference No 12 of 1996 & No. 48|1999 BETWEEN
The GGM' (Projects), ONGC Limited, Mtihsana Project,
Mehsana and Others.
. • First Party.
AND
Its Workmen employed under it. .. Second Parly. (Through ONGC Employees Union, Mehsana BR. Mehsana) i
It is respectfully submitted that second party had raided the dfspute for treating 14 workmen work- ing in ONGC canteen of Mehsana Project of ONGC as the workmen of the ONdC Ltd. The said dis- pute is referred to it, Afcfnedabad for adjudication by Ministry of Labdur, Govt. of India, New" D^lhi vide Order No. L-2OO40/39y9S-IR(Coaf-I) dated 22-4-96 and was registered as ITC No. 12f96, the schedule of reference being, "Whether the demand of the union for treating the workmen (listed in the enclosed annexure) of the canteen working at ONGC Ltd., Mehsana as the workmen of the ONGC Ltd. Mftnsena is proper and justified? If so, to whAf relief the concerned workmen are entitled to and from wnich date ?"
It is further submitted that during the course of proceedings before Hon'b'le TrtfMnal, it was sub- mitted by the second party that there are total 20 workmen wording in the canteen of ONGC Ltd. Mehsaria ifekte-;, the 14 workmen, the 5 work- men havd approaphed the Hon'ble High Court vide SCA 4279 of 1992 for repularisation. With regard to one workman one Shri RasTunrkant N. Patel has raised the dispute and referred to it, Ahmedabad the schedule of reference as under :
"Whether the demand of the union for treating Shri Ra^luriikant N. Patel working at can- teen of ONGC Ltd., Mehsana as the work- njan of ONGC Ltd. Mehsana and demand for approprir^" vzsjes is proper and justi- fied ? If so, what relief the concerned workman is entitled to ?"
The said reference is registered as Reference ITC No 48 of 99.
During the neMfttef'tif1 am r*#fB**eS rfetrf the parties have discussed the issue on various occasions4410 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PAKT II—Sfic. 3(ii)] and finally arrived at amicable settlement and request- ed Hon'ble Tribunal to pass final award in terms of settlement.
TERMS OF SETTLEMENT
1. That all the 14 workers whose names art given in the Anncxurc to the lefeiencc shall be absorbed in ONGC as Khalasi Gr. Ill in the pay scale of Rs. 2340/- w.e.f. 10-10-94 with full consequential benefits without any benefits oi whatsoever nature for period earlier to 10-10-94.
2. That the canteen workers named Shri Rasluni- kant N. Patel who is in involved in ITC No. 48 of 99 shall be absorbed in ONGC as Jr. Helper in the pay scale of Rs. 2282 wilh effect from 1-1-97 with full consequential benefits without any benefits of what- soever nature for the period earlier 1-1-97.
3. That the arrears of salary, on account of their absorption w.e.f. 10-10-94 and 1-1-97 in the post of Khalasi Gd. Ill and Jr. Helper respectively shall be worked out after adjusting wapes received by them since 10-10-94 and 1-1-97, the arrears of payment so arrived at shall be paid to them within a period of forty five days from the nV.te of the recording the settlement by the Jnuusmal Tribunal after making •certain deduction as per the law.
4. The first party agrees that arrears payable to the workmen will be spread year wise undef provi- sions continued in Section 89 of Income Tax Act. 5. On ahsojption of these workmen 1 4 +1 = 15 canteen workers shall continue their work in the canteen at Mehsana unless all or any of them arc/is required to be posted elsewhere as per the require- ment of ONGC and these workmen shall have no objection of whatsoever nature in this regard.
6 Tins settlement between the parties is full and final settlement in respect at all 14 + 1 = 15 workmen covered in these reference* and nothing shall survive hereafter the settlement excepting what have been agreed to here in above by both the parties under the settlement. The ONGC Employees Union and all the 15 workmen covered under the references shall not raif.c pny demand or dispute in future against the ONGC Tor any benefits.
7. This <"*nlement is arrived at by both the parties after fully understanding the implications thereof on their own volition and without any misrepresentation for pressure or coercion of whatsoever nature.
'Dated 13th May, 1999.
Ahmcdubad.
Sd|-
Signature of First Party.
Sd|- Signaiure of ihe Advocate of first Party.
Sd|- SignatLiic of Second party of Union.
ORDER
. Both the partie-j are present before me.
New Delhi, the 23id July, 2001
S.O. 2120.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Contnl Government hereby publishes the award of the Central Government Industrial Tribunal/ Labour Court, Jabalpur as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of State Bank of India and their workman, which was received by the Central Government on 20-7-2001.
TNo. L - 1 2 0 l l / l / 9 9 - I R ( B - I )]
AJAY KUMAR, Desk Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR
Case No. CGiT;LCIRI211 99
Presiding Officer.—Shri K. M. Rai.
Shri Sharad Joshi, C|o Shri K. C. Raikwai, ,56, Jain Colony, Ratlam (MP).
.. Applicant
Versus
The- General Manager, SBI Local Head Office, Hoshangabad Road, Bhopal. The Dy. General Manager, SBI, Zonal Office, Hamidia Road, Bhopal.
. . Non-applicants
AWARD
Passed on this 25th day of June, 2001 1. The Government of India, Ministry of Labour vide order No. L-12011/1/99-IR (B-I) dated 17-5-99 has referred the following dispute for adjudication by thi, tribunal—
"Whether the action of the management of State Bank of India in terminating the services of Shri Sharad Joshi wef. 19-4-97 is Justified ? If not. to what re- lief the workman is entitled ?"4411 2. The workman has submitted aa application praying for the withdrawal of his claim as the mana- gement as given him regular appointment on the post of messenger w.c.f, 29-5-99. He does not want to proceed with the present dispute as his claim has been settled.
3. The workman's application is considered. The management of State Bank of India has given a re- gular appointment on the post of messenger to the workman w.e.f. 29-5-99. In this way his claim has been settled to his satisfaction and No Dispute bet- ween the parties exists any more. In view of this fact. No Dispute Award is passed.
4. On the above said reasons, it is hereby ordered that the management of State Bank of India has given a regular appointment to the workman w.e.f. 29-5-99. Now No Dispute exists between the parties. The workman is satisfied with the appointment on the po;>t of messenger. No Dispute exists between the parties any more. Award is accordingly passed. 5. Copy of the award be sent to the Ministry of Labour as per rules.
K. M. RAI, Presiding Officer.
New Delhi, the 23rd July, 2001
SX). 2121.—In pursuance of Section 17 of the In- dustrial Disputes Act. 1947 (H of 1947), the Central Government hereby publishes the award of the Cen- tral Government Industrial Tribunal/Labour Court/ Jabalpur as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of State Bank of Bikaner and Jaipur and their workman, which was received by the Central Government on 20-7-2001.
[No. L-12011/153/87-D.II(A)/IR(B-I)] AJAY KUMAR, Desk Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR
Ca'sc No. CGIT/LC/R/203/90
Presiding Officer : Shri K. M. Rai.
1. Sureshchandra Gupta, S/o Shri Narsinghlalji, . Gupta, 13, Teachers Colony, Sagod Road, Ratlam (MP).
2. Kamlesh Kothari, S/o Charndrnal Kothari, 2, Palace Road, Ratlam (MP).
3. Ashok Kumar Dangi, S/o Chandmalji Dangi, Chowmukhi Pul, Ratlam.
4. Jagdish Chandra Maheshwari, S/o Ramchandra Maheshwari, 548, Katjunagar, Ratlam (MP).
5. Rajendra Kumar Agarwal, S/o Babulal Agarwal, B/12, Sr. MIG Mhow Road. Ratlam.
6. Ajaya Shah, S/o Shri Chandulal Shah.
Station Road, Ratlam.
7. Jitcndra Shah, S/o Sliri S. M. Shah, 595, Katjunagar, Ratlam. .. . Applicants.
Versus
General Manager, State Bank of Bikaner and Jaipur, Head Office, Tilak Marg, Jaipur. Branch Manager, State Bank of Bikaner and Jaipur, Station Road, Ratlam. ., .Non-applicants,
AWARD
Passed on this 5th day of July, 2001 1. The Government of India, Ministry of Labour vide order No. L-12011/153/87-D.II(A)/IR(B.III) dated 16th October, 1990 has referred the following dispute for adjudication by this tribunal—
"Whether the action of the management of the SBI in terminating the services of workmen mentioned in the Annexure and with effect from the dates shown against their name is justified ? If not, to what relief the work- men are entitled ?"
2. The case for the workmen is that they were appointed temporarily as clerk-cum-cashier on vari- ous dates by the Branch Manager, State Bank of IBdkaner and Jaipur, Station Road, Ratlam in the years 1976. 1977, 1978, 1979 and 1980 vide written appointment orders. The services of the workmen were dispensed with by the bank w.e.f. various dates mentioned in Annexure-A. The workmen had not con- tinuously worked against the clear vacancy in the bank for more than 240 days in a preceding year from the date of their termination due to the management's unfair labour practice. They were neither served with the statutory notice nor paid the retrenchment com- pensation according to the provisions of Section 25-F of the I.D. Act, 1947. The Bank had agreed to absorb the workmen in the Bank services with a condition that they shall be treated as fresh employees. Subse- quently the bank refused to abide by the terms of agreement.
3., The workmen further allege that though initially they were appointed for a specific period but their period of employment was extended from time to time. They were regularly performing -. the duty of a clerk in the baok. Their services were not automatically ter- minated after the expiry of period of employment. Different persons junior to the workmen were appoint- ed against the clear vacancies and the services of work- men were not regularised by the Bank. The manage- ment did not follow the principle of First come last4412 THE GAZETTE OF INtHA . AUQUST 18, 20Ol/$RAVANA 27a 1923 [PART Ij—SEC. 3(li)J
44 li
ANNEXURE
BEFQRJJ THE CENTRAL GOVERNMENT I^DtfSJfRJA*- JRAPi|NAL-"U¥-L^3QyR CQU£T, J^BAWUR
Case No. CGIT/LC/R/238/9J
Presiding Officer : Shri K. M. Rai. Shri Ganagfa S/o Sbri Puwwrial N*vasi Fawodi, PO : Turanvida, District : Betul.
. .Appbcant.
Versus
The Divisiontd Railway Manager, Central Railway, Nagp^r
. . Non-o ppfroant.
AWARD
Passed *>n this 26th day of June, £001 1. The {lawfnment of India, Ministry of Labour vide order No. L-41
"Whether the action of the management of Cen- tral Railway, Nag^ur jn t$npwpti$g the service of Si#i Qajiesh, 5/^> $jiii Pjjrsmlal is justified ? If not, what relief he *> entitled to?"
2. The case for iJw workman is that initially iae was appointed as casual labour under PWIr Central Rail- way, Kalaskar during the period 1980-81. Thereafter he was apflpifl/ed as Cfaogman w.e.f. 26-10-82 a"4 con%j,Q^.y worked till 2-8r8& when hie seryu&es were iermjoated b^ the Railway. Hp had flitflined the status of tejnpprary worker f o r d i ng U> Railway rules as he ha4 coj^jououely wqrked for 4 months. After attaining the tpmgprary stylus., the worker js selected as nKmthly rated casual labour after undergoing m
3. The workman further allege that he was given House Rent in lieu of quarter by the railways. The other faculties were also provided to him by the. map.- agement- After Treating him as a regular employee, he was removed from scrvipe without assigning any reasQn by the management. He was not given one month nqtice, prior to termination of his sejpviee as requir-od under Section 25-F of the LD. Act. In view of this fact, his retrenchment is void and deserves tp be quashed. He had continuously worked for more than 24Q days in a calendar year pr<"cetling tho date of IH'H termination froni pervipe. Hjs sejevio^s had been terminated in violation ol Sections %$*$> Q and H of the I.D. Act, 19^k Taking these facts into consi- deration, the termination prder should be quashed and all the consequential benefits should be allowed to b" given-
4. The case for the management is that the work- man claims lo have bcerj appointed by the PWI, Cen- tral Railway, Kalaskar on 26-10-82, wfajUb he pro- duced ttw service card allegwt to have b#cn. W"ip4 by th" ?Wi, Murtaiapur. fra ihn wny the worfecowj had spoused the employm^^ by pioducnjg a fo^gect service "ard "nd played irauti on ihe managBiwiK. Such appointment dees -not create any right to the post. In view of this fact, the workman is not •entitled to ttay relief as claimed by hkn.
5. The following iaaws ari"e for decision in this case :—
1. Whether the services of the workman were tHtWdJgr ;t#tminat"d toy ihe Ceatnfl Raflwny, Nfigpur -w^ei. 2-'&%B7
2. Whether the workman is entitled to reinstate- ment with baok wages ?
3. Relief and costs ?
6. Issue Nos. 1 and 2 : The workman claims to have been appointed as casual worker by like fWI, Central Railway, Kalaskai during Ihe psriod 1990^*1. Thereafter he was appointed as GangjnaH w.eX 2fith October 1^82. The service card Ex M-I wm aHeged to have been issued to him by the PWI, Murtazapur. No service card was issued to him by the PWI, Cen- tral Railway, KalasJtar on 26-1G-&2. After the veri- fication, this card was found to be In gpavdtu>. On the bas*s of such in genuine service card, the work- man cannot claim light to the post. The very basis for securing employment tn the Railway is in genuine and therefore on this basis, the workman cannot be regularised on the post he was working til! the date of his termination. He is, therefore, not entitled to any- reflrf as claimed by him. His termination order is perfectly valid and docs not deserve any interfer- ence. Issue Nos. 1 and 2 are answered accordingly.
7. Issue No. 3 : In view of my finding given on issue Nos, 1 and 2, the workman is not entitled to reinstatement with back wages. The reference is ac- cordingly answered In favour of the management and against the workman.
8. Copy of the award be sent to the Ministry of Labour, Government of India as per rules.
K. M. RAI, Presiding Officer New Delhi, the 23rd July, 2001
S.O. 2J23.—In pursuance of Seution 11 of the In- dustrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the award1 of the Cen- tral Goafemmaat DBtestriat Tri&uaal/&abgur Count, Jabalpttc m sirown to the Anrromire' in the irMfuSEnal Dispute betwero tire *nproyer"r in rettetorr to tM4414 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)] management of Central Railway and their workman, which was received by the Central Government on 20-7-2001.
[No. L-41012/58/88-D-2(B)/IR(B-I)] AJAY KUMAR, Desk Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR
Case No. CGIT/LC/R/149/89
Presiding Officer : Shri K. M. Rai. Shri Komal Chand, S/o Daduram, R/o Village Pounia, Tahsil Sihora, District Jabalpur.
. .Applicant.
Versus
The Divisional Railway Manager, Central Railway, Jabalpur
. . .Non-applicant.
AWARD
Passed on this 26th day of June, 200 J 1. The Government of India, Ministry of Labour vide order No. L-41012/58/88-D-2(B) dated 1-8-89 has referred the following dispute for adjudication by this tribunal—
"Whether the management Central Railway, Jabalpur has justified to terminate the ser- vice of Mr. Komal Chand S/o Shri Daduram w.e.f. 1-5-86 ? If not, then the concerned workman is entitled to what relief ?" 2. The case for the workman is that he was emp- loyed on the post of casual Khalasi at Katni Railway Workshop by the Central Railway on 1-1-85. He was working on daily wage basis under IOW(M), Work- shop at Katni. On 17-5-85, he met with an accident during the discharge of his duty and this accident caused grievious injury on his person. Several frac- tures were caused to him due to this accident. After the accident, the Railway authorities shifted him to the Railway Hospital, Katni for necessary treatment and thereafter he was shifted to Divisional Railway Hospital at Jabalpur for further treatment. He was under treatment at Railway Hospital till 30-4-86. He was issued fitness certificate on 30-4-86 to resume his duty. He reported to his duty on 1-5-86 but the IOW(M) Workshop, Katni did not allow him to join his duty in pursuance of the fitness certificate. The Central Railway on the other hand terminated his services without assigning any reason and giving any written order.
3. The workman further alleges that he was in con- tinuous service for more than 240 days in a calendar year preceding the date of his termination and- there- fore he had attained the status of temporary employee. The period of absence from duty shall be treated to be on duty as he was under continuous treatment hi the Railway Hospital for his grievious injuries. He was recommended by the competent doctor for light duty. The management has illegally terminated his services in violation of the provisions oi Section 25-F of the I.D. Act, 1947 and Railway Rules No. 2503. In view of all these facts, the termination order de- serves to be quashed and the workman is entitled to all consequential benefits attached to the post.
4. The case for the management is that the work- man was engaged as casual labour by the Chief IOW (M), Katni on 1-1-85. He had not attained the status of temporary employee as claimed by him. Due to grievious injuries caused on his person, he was declar- ed unfit by M.S., Central Railway, Jabalpur for the post of Khalasi and issued certificate dated 30-4-86 in respect thereof. The workman was declared unfit by the competent doctor and therefore he cannot be reinstated in the instant case. He is not entitled to any relief as claimed by him. He had been given all the payments whatever due to him as per rules. He was given retrenchment compensation Rs. 375. In view of all these facts, the workman cannot claim reinstatement with other consequential benefits in this case.
5. The following issues arise for decision and my findings thereon are given hereinafter—
1. Whether the termination order passed by the management on 1-5-86 against the workman is illegal.
2. Whether the workman is entitled to reinstate- ment with odier consequential benefits.
3. Relief and costs?
6. Issue Nos. 1 and 2 : Admittedly the workman was employed as casual khalasi by the CPWI(M), Central Railway, Workshop, Katni on 1-1-85. His appointment was temporary and on daily wage basis. On 17-5-85, he met with an accident during the dis- charge of his duty and sustained grievious injuries on his person. His knee was fractured due to this accident and therefore he was admitted in the Railway Hospital at Katni for treatment. Thereafter he was shifted to Divisional Railway Hospital at Jabalpur for further treatment. He remained continuously on treatment w.e.f. 17-5-85 till 30-4-86. During this period he was not fit to perform his duty as it is evident from the medical certificate Exhibit~M issuer] by the Medical Superintendent. Railway Hospital, Jabalpur. According to the provisions of Section 25- B ( l) of I.D. Act, 1947 the workman shall be treated to be on duty during the period of his treatment. The Section reads as under :—
"A workman shall be said to be- in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sick- ness or authorise leave or an accident, or a strike which is not illegal, or a lockout or a cessation of Work which is not duti to any fault on the part of the workman." 7. The above said provisions clearly goes to prove that the workman was in continuous service from the date of accident i.e. 17-5-85 till 30*4-86 as he was admitted in the hospital for the treatment of his in- juries sustained by him during the accident. In this4415 way, the workman continuously worked with the man- agement for more than 240 days in a year preceding the date of his termination i.e. 1-5-86.
8. It is an admitted fact that the retrenchment com- pensation of Rs. 375 was given to the workman after the termination of his service and during the conci- liation proceedings pending before ALC(C), Jabalpur. The subsequent payment of compensation will not fulfil the requirement of Section 25-F of the I.D. Act in case of retrenchment of any workman by the emp- loyer. The subsequent payment of compensation will not help the management in any manner to prove their defence. In such a circumstance, it is held that the retrenchment compensation of Rs. 375 was paid to the workman by the Railway after the termination of his service without complying with the provisions of Section 25-F of the I.D. Act, 1947.
9. Tn the circumstances of the case, we have to sec as to whether the termination of the workman amounts to retrenchment in the light of definition given under Section 2(oo)(c) of the I.D. Act which is as under:—
"Retrenchment means the termination by the employer of the service of a workman for any reason w h a t e v er otherwise than as a punishment infl'ctcJ by way of disciplinary action, but docs not include •-—
a
b
bb
c. termination of ihe .service of a workman on the ground of continued ill-health.
Jn this connection the contention of the management is that tjic terminatit.:i oi workman does not amount to retrenchment on the ground of his continued ill- health as he was medically unfit to discharge his duty as khalasi. The management has relied on the certi- ficate Ex. M-8 issued by the Medical Supdt., Railway Hospital, Jabalpur on 30-4-86. This certificate goes to show thai, the workman was unfit to discharge his duty. In this connection, the management's witness Dr. P. C. Khulve has clearly stated that during the acci- dent, his femcr bone was fractured and he was unable to perform his duty as there was no symptom of improvement in his condition any more. In such a circumstance, the continued ill-health shall include_the incapacity to execute the work which is necessary for discharging the duty in question by the workman. The medical evidence clearly goes to show that the work- man was unable to perform his normal duty as khalasi and therefore the case of v/orkman shall be covered by the definition continued ill-health. In such a condi- tion, the termination of service of the workman cannot be said to be retrenchment as it is covered by the exception clause mentioned earlier. The workman has failed to prove by adducing expert evidence of any competent doctor to show that he was medically fit to perform his normal duty as khalasi. The burden was on him to prove his medical fitness to establish his claim. He has failed to discharge his duty in this case. Hen^e he cannot be said to be medically fit to discharge his normal duty any more in the employ- ment,
10. The workman has tried to establish that the Railway Doctor had advised to give him the light duty taking his condition into consideration. There is no-" thing on record to show that which type of duty should have been given to him by the employer. At the same time the workman claims himself to be fit. In this way it shall not be appropriate to hold that the work- man was medically fit to discharge his duty and he cannot be said to be suffering from continued ill- health. Hence his termination docs not amount to retrenchment in the instant case.
11. In the light of the foregoing reasons, it is held that the termination of workman is perfectly legal and it is covered by Section 2(oo)(c) of the I.D. Act. It docs not amount to retrenchment. The management was not required to comply with the provisions of Section 25-F of the T.D. Act by paying retrenchment compensation of the workman prior to terminating his services. The workman has been paid all the dues whatever due to him by the Railways and therefore he is not entitled to any monetary benefits also. Issue Nos. 1 and 2 are answered accordingly,
12. Issue No. 3 : In view of my finding given on Issue Nos. 1 and 2, it is held that the termination of service of the workman by the Railway is perfectly legal. He is not entitled to reinstatement with any other monetary benefits whatsoever. He is not entitled to any benefits as claimed by him. In this way the refer- ence is answered in favour of the management and against the workman.
13. Copy of the award be sent to the Ministry of Labour, Government of Tndia as per rules.
K. M. RAI, Presiding Officer New Delhi, the 23rd July, 2001
S.O. 2124.—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, Chandigarh as shown in the Annexure in the Indus- trial Dispute between the employers in relation to the management of FCI and their workman, which was received by the Central Government on 16th July, 2001.
[No. L-22012/8/F/91-IR(C-Il)J
N. P. KESAVAN, Desk Officer4416 THE GAZETTE OF INDIA"-: A U O ^ S* 1", 200JySRAVANA 27, 1923 [PART H-^SufJ. >(ii)] AJttrextrRe-
BEFOR&SHRl B. L. JATAV, PRESIDING O^ICER, CE^RAL oovfiRN^Nt INDUSfftl A ir T&IBUN AL-£\)U
K. L. Kadianu C /o The Distt. Secretary, FCI, Employees Congress, C/o, O/o District Manager, FCI; Rtfhtak.
. .Woricraan.
Vs.
The Sr, Rfegitmal Manager, PCI, Ha*yana Region,
Sector-17, Chandigarh.
APPBARANCES :
For the Workman.—Wotkman in <• person For the Management.—Kalam Singh
AWARD
(Passed on 18-6J2OG1)
The Central Government vide ^Gazette Notification No. L-22OL2(8[F|9U1R(C'II) dated 27th of June, 1^91 • has referred the following dispute to this Tri- bWal for adjudication :—
"Whether the action of the management of FCT in relation to their Zonal Office, Nevv Delhi in not allowing the promotion to Shri'K. L. Kadmn. to the post of T.A. Grade 1 from 1976 is just and fair? If not, what relief the concerned workman is entitled lo and from what date ?"
2, As pei cHIm stn'sment filed by the workman, his case is that he ioined the FCI on 15-9-1 WO as tech- nical assistant grade-Ill at Bhiwani. He was promoted to the post of technical assistant grade-II from 1st July, 1972. He was elected as Unit Secretary in FCI Employee-, I fnu-n 'Ih.wju. The management took it otherwise in o nK to mar the career of the work- man. During the year 1974, false acquisition were •nade against the workman by the authorities of the management by fabricating lalsc evidence. The charges could not be proved by the manageniht diking the (.oursc of enquiry so, the workman was cxenorjted ham all the charges. His case was considered during the year 197ft' for his promotion as technical assistant prade-T. His name was taken on the penal but on account of persona! animosities on the parte of some \cbted imprests, the workman was superseded and lunior most employees wei'c promoted to the post of technical assistant grade-1. The action of the irfaftagfc- ment was against the principle of n a w al justice. He -nadf several representations to the management but tl*ese were rejected. Ho was again placed on 1979 Tve-ril and promotion order^ were issued on 19-9-7777 but these orders were n6t implemented by the nianage- ment. His name was included'in the peftaT of 1979. He was promoted as teeBntanl assistant grade-I on 18-10-1982. He protested against the action of the management but his representations were rejected by the senior manager of the management. The action taftcn bf-t&e'ri{indgfen"nf is'-an example of victimisa- tion of the workman and high handedness on the part rtthe'malfogtaMM. Top mstioft'of the man*ft*rttent'was unfair, arbitrary and illegal. Therefore, the daim of the workman be allowed and t h e' mauagatoeat be directed to make the promotion of the workman as technical assistant graffa-I w'.'e.f. 3-4-1976 wi(h bapk wages and' all oth6r cbrise<}trential benefits arising tMetfeupon.
J. The* marftgatfient has raised in its wHfteh state- merit pfWinfmaty oWJ"etidns alfcgttig tniat the d a ta of the wd-fktttaft is belated and htf-id ndt thcVofRBftan uftdCr the previsions of Industrial Disputes Act, 1947. Therefore, his claim is hot maJrrtalnable. The daiffrof the wtfrlt!m*n is also not maifrtaJnaWe in the rjrfci^nt fdrm as the petsons au*Cfldy promoted as teehHltfal assistant gr^ade-I smce 3*4-1976 have nx# yeetf^iriaae party to this petition. The clatia is liaWe to be dis- missed on this store aldne.
4. The management ha3 contended in written state- ment that1 the nahft: of the worknian was placed'on 1976 penal for h)s promotion to the post of tefchhMal assistant grade-I but he was not found fit'by SJflal Promotion Committee on account of the bad service record of the workman. Eligible persons were promot- ed to the post of technical assistant grade-I on the basis of fitness-cum-seniority, thus the action of the management was nt>t arbitrary and prejudicial. The authorities of the management, had not abused their administrative powers in not promoting the workman. The management acted updn the prin- ciple of natural justice. The leprcsentations made by the workman were without substance. Therefore, no action was taken in favour of the workman. He was again considered for promotion during the year 1977- 78 but he was not found fit by Zonal Promotion Committee for promotion. His naAie was also includ- ed in the list of ad^bJoc promotion during th" yfar 1977 but ad^hoc promotion could not be made with- out verifying the service record of the workman by ZPC. Consequently he was promoted to the pdflt of technical assistant graded on 1IMOJ1982. The man- agement has acted by following the principle of flatu- ral justice." The workiflart is not entitled for prttWWtfAn to the post of technical assistant grade-I w.e.i 3rd April, 1976. Thwreforet his claim deserves to be dismissed.
5. The workman has filed replication in reply to the written statement filed by the management. It has been pleaded that preliminary objection raised by the management arc irrelevant, superflous and untenable in the eyes of law. Other facts have also been re-asserted in this replication.
6. The workman has fil"d his affidavit Ex: W i. He has not filed ^iny document in support of h" datei. The maaaRement has filed the affidavit of District Manager Bhim Singh Rana which is Ex. M l. The management has al"o relied on the documents exhibit- ed as Ex. M2 to M6-. The workman has deposed that he vMS elected as Unit Secretary of the Union so. the* authorities of the management became prejudiced aftamst him doe to- h" union activities. His name was taken on the promotion • penai of 1976 for his pro- motion from the post of tetfhrrical assistant grade^TI to the post of technical assistant grade-I but due to personal ill will he was superseded and junior emp^4417 loyees were promoted to the post of technical assis- tant Grade-I, In the penal of 1977 his name was also included for promotion to the post of T.A. grade-I but he was nol promoted. Again his name was includ- ed in the penal of 1979 and he was promoted on 18-10-1986 from the post of T.A. Grade-II to the post of T.A. Gradc-1. Thus the management has Jicted illegally and against the principle of natural jus- tice in not promoting him during the year 1976. Therefore, the management be directed to promote him w.c.f. 3-4-1976.
7. The witness of the management has deposed that during the year 1973 the work of the workman was not found satisfactory. Adverse remarks was passed against him in the ACR of 1973. Zonal Promotion Committee was constituted under the pi escribed regu- lation for the promotion of T.A.. Grade-II lo the post of T.A. Grade-I. That promotion committee did not find the workman lit for promotion so lie could not be promoted during the year 1976, Other employees who were juniors to the workman were promoted be- cause they were found fit for promotion by the pro- motion committee. Later on his name was included in the panel of 1977 but on the ground of adverse remarks in ACR of 1973, he could not be promoted. Again his name was included in the panel of 1979 and the promotion committee recommended his case for promotion. Consequently he was promoted to the post of T.A. Grade-f during the year 1980.
8. The claim of the workman is based on the plea of victimization and personal malice of the authorities of the management, The management has denied this fact in written statement and in the affidavit of wit- ness. The photo copy of ACR of 1973 has been filed) which is Ex. M4 in which the adverse remarks have been given relating to his punctuality discipline and temprament. The plea of prejudice and personal ill will is not reliable. The name of the workman was included by the authorities in the panel of 1976, 1977 and 1979. If the authorities had any personal ill will, the name of the workman for promotion would not have been included in the promotion panel of subsc- quentl years. The documents showing the union acti- vities of the workman have been exhibited by the workman during the course of the cross-examination of Shri Bhim Singh Rana which arc Ex, W2 and W3. The comniaint made by the workman against Asstt. Manager Shri Aman Singh of which details were asiced from the workman has been exhibited as Ex. W4. Ex. W2 and W3 relates to the year 1973 and the com- plaint against Aman Singh relates to the year 1974. Even though the name of the workman was included in the panel of 1976, 1977 and 1979 for promotion but Zonal Promotion Committee did not recommend his case for promotion so it can not be said that the management has acted prejudicially agairust the work- man with intent to harass him. The adverse remarks passed in ACR 1973 have not been expunged by the management. No documents and the copy of the re- presentation has been submitted in this case to indi- cate that the efforts were made bv the workman to ?et the adversp remarks exnunced. This Tribunal has no ground to interfere in the order passed diving the Vfsar 1976 nio-Tse-ding the workman for promotion.
9. The workman has filed written arguments in sup- port of his case. The management has also filed 24" 5 C,\ 2(101 -36
counter arguments. In the arguments the workman has given the details of complaint filed against Aman Singh but in the claim statement and replication no, specific averments has been made. The management has also controverted the fact relating to the alleged miscon- duct of Aman Singh but in written statement and in the affidavit of Bhim Singh Rana no details have been given. Under these circumstances, the arguments can not be considered for want of pleudings and evidence.
10. The management has raised preliminary objec- tion that the applicant workman is not a 'workman' under the definition of workman given in I.D. Act, 1947 His salary is above Rs, 1600 and he is per- forming the duties of supervisory and managerial na- ture. The copy of the appendix-I of Regulations 10 of Staff Regulation, 1971, (Ex. M3) has been filed by the management, in which the; pay scale of technical assistant grade-I has been given which is Rs 450— 850. The maximum limit of this pay scale is below Rs. 1600. In this respect the management has filed affidavit of Asstt. Manager S. B. Nimesh which is Ex. M8. Alongwith his affidavit copy of the salary control register has been attached in which the basic pay of the workman has been shown Rs. 1600 per month. But this register relates to the year 1991 whereas the claim of the workman relates to the year 1976. In cross-examination, he has also deposed that he did no* know whether the workman had been exercising any managerial powers. The witness of the manage- ment M. I,. Sharma, District Manager, has deposed in his cross-examination that he does not know whe- ther the workman has powers to record ACR or to sanction leave to junior officials. He has also admitted in his cross-examination that the post of the assistant manager is higher post to the post of technical assis- tant gradc-T. The workman has filed the copy of the job description part-I in which the duties of the Asstt. Manager and technical assistant has been given. On perusal and comparison of these duties, it is evident that the technical assistant grade-I is not discharging supervisory and managerial duties. Therefore, it can not be held that the applicant is not a workman as defined in the I.D. Act, 1947.
11. The preliminary objection has been raised by the management that the daim of the workman is belated, therefore, it is not maintainable. The 4418 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PARI J l —S EC 3(ii)]
12. The workman hat, cited the case of State of Haryana Vs. Shri P. C. Wadhwa, IPS [1987(2) S.L.R. 393J in which Hon'ble Supreme Couit has held that the whole object ol' making the adveivj remarks would be lost if they arc communicated to the ollirer con- cerned with an inoidinate delay. This case law relaics to the Inspector General of Police. Rules have been framed for the communication of adverse remarks. But in the case of the workman the period for the communication of adverse remarks has not been shown so that this case law does not support the case of the workman. The workman has also cited the ease of Vaid Nath Mahapatra Vs. The State of Orissa [1989(1) SLR 2201. This case law relates to the communication of adverse remarks under rule 7 of Orissa Service Code. The facts of this case law are different to those of the case under consideration. So this case law is not applicable in this case,
13. The evidence adduced by both the parties has been appreciated in the preceding paragraph of this award. After considering al.l the facts and the cir- cumstances, this Tribunal has arrived to the conclu- sion that the action taken by the /flanaeemenl in not allowirm the promotion lo the workman to the post of T.A. Grade-I from 1976 is just and fair. Therefore, the workman is not entitled to get any relief. Conse- quently the reference is answered that the action of the management in not allowing the promotion to the workman to the post of T.A. Grade-] from 1976 is just and fair and the workman is not entitled to any relief. The parties shall bear their own costs. Appro- priate Government be informed.
Chandigarh,
18-6-2001.
B. L. JATAV, Presiding Officer New Delhi, the 23rd July, 2001
S.O. 2125.—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, Godavarikhani as shown in the Annexure in the In- dustrial Dispute between the employers in relation to the management of SCCL and their workman, which was received by the Central Government on 16th Julv. 2001.
[No. L-22012/25/2001-IR(C-IT)l
N, P. KESAVAN, Desk Officer
ANNEXURE
BEFORE THE CHAIRMAN, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT GODAVARIKHANI
PRESENT :
Sri P. Gurunadha Rao, B.Sc, B.L., Chairman- cum-Presiding ORiccr.
Monday, the 2nd Day of July, 2001 Industrial Dispute No. 93 of 1999
BETWEEN
Md. Dastagiri, S/o Haji Mia, 43 yrs., Ex-Dumper Operator, H. No. 13-3-142. Phatak Street, P.O. Warangal, District Warangal, A.P.-506002. .Petitioner.
AND
1. The Project Officer
S.C. Co. Ltd., OCP-I1, Ramagundam, District Karimnagar.
2. The General Manager,
S.C. Co. Ltd., OCP-U and III, Ramagundam, PO. Godavarikhani-505209. District Karimnagar.
3. The Chairman and Managing Director,
Singarcni Collieries Co. Ltd., PO, Kothafjudem, Distt. Khammam
. .Respondents.
This petition coming before me for final hearing in the presence of Sri K, V. N. Rao, Advocate for the petitioner and of Sri C. S. N. Reddy, Advocate for the respondents and having stood over for considera- tion till I his date, the court passed the following: —
AWARD
1. This is a petition filed U / s. 2-A(2) of the Industrial Disputes Act, 1947, as amended by A.P., Amendment Act, 1987.
Facts of the case briefly arc as follows : —
The petitioner was working as Dumper Operator in the respondents company. On 4-1 -94, he worked in third shift. He did not see the death of Madar Sab. cable boy on that day. On 5-1-94, he WHS in- formed that the dead body of Madar Sab, a Cable Boy, was found while operating P-2 Shovel. Violance erupted. Most of the workers of the third shift were beaten suspecting their involvement in the death of Madar Sab. He was advised not to come to the pro- ject spot. On 1 1-1-94, he was beaten by some work- ers. He was taken to the police station. One Easwar Reddv, Dozer Operator confessed that he was respon- sible for the death of Madar Sab. On 7-2-94, charge- sheet was issued against him alleging that he connived with others an-l concealed the evidence of death of Madar Sab. On 10-2-94 hr reported for duty, but he was beaten bv workers. He was hospitalised for the injuries received by him. Ex-parte enquiry was condcted and he was dismissed from the service with effect from 14-7-94.
2. Respondents filed counter stating that the peti- tioner was working as E, P. Operator on H.D. 7 Dumper. On 4-1-94 in the night shift, the petitioner4419 was working on P-2 shovel. On 5-1-94 the dead body of Madar Sab was found. Police conducted enquiry. It was found that while working on P. 3 shovel, the shovel bucket hit Madar Sab. The petitioner did not report the matter to the higher authorities. He remov- ed the dead bodty of Madar Sab to P-2 shovel and concealed the dead body with over-burden material.
Domestic enquiry was conducted. The petitioner did not attend to the enquiry inspite of receiving enquiry notices. Ex-partc enquiry was conducted.
3. Ex. W-l to Ex. W-12 and Ex. M-l to Ex. M-8 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 ihe service is in proportion to the charge.
6. Point : Ex. M-l is charge-sheet. The charge is that one Madar Sab died due to hit by P-3 shovel bucket operated by Sk. Ahmed. The petitioner con- nived with Sk. Ahmed in concealing the dead body of Madar Sab, threatened other workers not to reveal the incident and not reported the death of Madar Sab to the higher authorities'.
7. The petitioner was operating P-2 shovel on 4th January, 1994. The deceased Madar Sab was hit by !P-3 shovel bucket operated by Sk. Ahmed. The dead body was concealed under the dump. It was not informed to the higher authorities. The petitioner con- nived with Sk. Ahmed in concealing the dead body. The petitioner remained ex-parte in the enquiry. It was proved that the petitioner connived with Sk. Ahmed in concealing the dead body of Madar Sab and not reporting the same to the higher authorities.
8. lhc petitioner was dismissed from the service \\.c.f. 11-7-94.
The petitioner filed the present petition on 16-6-99, i.e., about 5 years after the dismissal of the petitioner. The petitioner could not point out any irregularities in the enquiry. The petitioner has to blame himself for his absence in the enquiry.
I consider Hint the charge against the petitioner is proved and the punishment of dismissal of the peti- tioner from the service is in proportion to the charge.
Hence, I answer the point accordingly.
In the lesull, this petition is dismissed, The order of dismissal of the petitioner from the service is con- firmed. Each paity do bear their own costs.
Typed to my dictation, corrected and pronounced by me in the open court on this, 2nd day of July, 2001.
P. GIJRUNADHA RAO, Chairman-cum-PiesiJing
Officer APPENDIX OF EVIDENCE
Witnesses examined :
For Wdikman : For Management ' Nil. Nil.
EXHIBITS
For workman : —
Ex. W-l dt, 9-1-94—Enquiry notice xer. copy.
Ex. W-2 dt. 17-7-95—Memorandum, xcr. copy.
Ex. W-3 dt. 13-5-95—Statement of the petition- er, xcr. copy.
Ex. W-4 dt. 16-2-95—C.C., of judgement in C.C. No. 69/94, xcr. copy.
Ex. W-5 dt. 5-9-97—Representation of the Sin- gareni opencast all E.P. Operators Associa- tion, xer. copy.
Ex. W-6 dt. 4-6-96—Appeal for re-instatement of four E.P. Operators of OCP-II Reg. xer. copy alongwilh Nija Nirdharana Committee enquiry report.
•Ex. W-7 dt. 2-1-95—Lr. addiesscd to the Com- missioner, Nija Nirdharana Committee, Go- davarikhani by P. Mallesh, xer. copy.
Ex. W-8 dt. 10-1-96—Lr. addreV^d to the Addl. Director General of CBCID, Hyderabad by M. Mallesham, M.L.A., Godavarikhani, xer. copy.
Ex. W-9 dt. 13-5-95—Statement of Sri Sk.
Ahmed, E, P, Operator xerox copy.
Ex. W-10 dt. — —Lr. addressed to Sri Bala- g6pal, General Secretary, A.P.C.L.C. by P. Mallesh and 3 others xer. copy.
Ex. W-ll dt. 17-1-94—Lr. addressed to the Superintendent of Police, Karimnagar by D. Madhava Rcddy, Working President.
E \. W-12 dt. -- —Lr. addressed to the Com- missioner, Nija Nirdarana Committee Goda- varikhani by P. Mallesh, E. P. Operator, OCP-1T xer. copy.
For Management ; —
Ex. M-l dt. 7-2-94—Chaige-sbcet with ack.
Ex. M-2 dt. 26-2-94—Enquiry notice with ack.
Ex. M-3 df 7-3-94—Enquiry notice with aek.
Ex. M-4 dt. 18-3-94—Enquiiy notice with ack.
Ex. M-5 dt. 6/30-3-94—Enquiry proceedings.
Ex. M-6 dt. 5-5-94—Enquiry report alongwith statements of the witnesses.
I;A. M-7 dl. 5-6-94—Second show cause notice with ack.
Ex, M-8 dt. 1 1-7-94-—Dismissal older nf the petitioner.
4410 THE GAZETTE OF TNDIA ; AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)]New Delhi, the 23rd July, 2001
S.O 2126.—In pursuance oi Section 17 of the In- dustrial Disputes AcL, 1947 (14 of 1947), the Central Government hereby publishes I he award of the Cen- tral Government Industrial Tribunal/Labour Court, Godavarikhani as shown in the Annexure in the In- dustrial Dispute between the employers in relation to the management of SCCL and their workman, which was received by the Central Government on 16th July, 2001.
|No. L-22012/25/2001-lR(C-ll)l N. P. KESAVAN, Desk OITicci
ANNEXURE
BEFORE THE CHAIRMAN, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, GODAVARIKHANI
PRESENT :
Sri P. Gurunadha Rao, B.Sc. B.L., Chairman- cum-Presiding Officer.
Monday, the 2nd day of July, 2001 Industrial Dispute No. 95 of 1999
BETWEEN
Pasarakonda Mallesh, S/o Chandraiah, Age 41 yrs., Ex-Dumper Operator, R/o H. No. 17J5/D, Vittal Nagar Godavarikhani, District Karimnagar-505214.
. . Petitioner.
AND
1. The Project Officer,
S.C. Co. Ltd., OCP-II, Ramagundam, District Karimnagar,
,2. The General Manager,
S.C. Co. Ltd., OCP-U and III, Ramagundam, P.O. Godavarikhani, District Karimnagar, A.P.-505209.
3. The Chairman and Managing Director,
Singareni Collieries Co. Ltd., PO: Kothagudem, District Khammam.
. . Respondents.
This petition coming before me for final hearing in the presence of Sri K. V. N. 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 Indus- trial Disputes Act, 1947, as amended by A.P., Amend- ment Act, 1987.
Facts of the case briefly are as follows :—
The petitioner was working as Dumper Operator. On 4-1-94, the petitioner worked in third shift and operated the dumper for P-2 and P-3 shovels along- with seven other Dumper Operators. On 4-1-94 in the third shift, he did not observe anything about the death of Madar Sab, a cable boy. On 7-2-94, charge- sheet was issued against him alleging that he connived with others in concealing the evidence of death of Madar Sab, cable boy. Domestic enquiry was conduct- ed. He remained ex-parte in the enquiry. He was dismissed from the service w.e.f. 7-8-94.
2. Respondents filed counter stating that the peti- tioner was working as E,P. Operator on.35-T dumper. On 4-1-94 in the night shift, the petitioner worked on Dumper No, 26 attached to P-3 shovel. On 5th January, 1994 in the 1st shift at about 9-30 A.M.. the dead body of Madar Sab was found. Police con- ducted enquiry. It was revealed that due to careless and negligent operation of P-3 shovel operator, the shovel bucket hit Madar Sab around 2.30 A.M., and caused his death. The petitioner removed the dead body of Madar Sab to P-2 shovel, in conniv;/ice with three other operators and covered with over-burden material of P-3 shovel. Domestic enquiry was con- ducted. The petitioner submitted his explanation to the charge-sheet. The petitioner did not attend to enquiry in spite of receiving enquiry notices.
3. Ex. W-l to Ex. W-12 and Ex. M-l to Ex. M-J3 are marked.
4. Heard both sides.
5. The point for considertion 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.
5A. Point : Ex. M-l is charge-sheet. The charge is that one Madar Sab died due to hit by P-3 shovel bucket operated by Sliaik Ahmed. The petitioner con- nived with Sk. Ahmed in concealing the dead body of Madar Sab, threatened other workers not to reveal the incident and not reported the death of Madar Sab to the higher authorities.
6. The petitioner was operating Dumper on 4-1-94, The deceased Madar Sab was hit by P-3 shovel bucket operated by Sk. Ahmed. The dead body was con- cealed under the dump. U was not informed to the higher authorities. The petitioner connived with Shaik Ahmed in concealing the dead body. The petitioner remained ex-parte in the enquiry. Tt was proved that the petitioner was connived wilh Sk. Ahmed in con- cealing the dead body of Madar Sab and not report- ing to the higher authorities.
7. The petitioner was dismissed from the service w.e.f. 7-8-94. The petitioner filed the present petition on 16-6-99, i.e. about more than 4 years 10 months after the dismissal of the petitioner. The petitioner could not point out any irregularities in the enquiry. The petitioner has to blame himself for his absence in the enquiry.
I consider that the charge against the petitioner is proved and the punishment of dismissal of the peti- tioner from the service is in proportion to the charge. Hence, I answer the point accordingly.
Jn the result, this P^ilion is dismissed. The order of dismissal of the petitioner from the service is con- firmed. Each party do bear their own costs.
Typed to my dictation corrected and pronounced by me in the open court on this, 2nd dny of July, 2001.
P. GURUNADHA RAO, Chairman-cum-
Presiding OJIJ CI APPENDIX OF EVIDENCE
Witnesses examined :
For Workman :—Nil For Management :—Nil.
EXHIBITS
For Workman :—•
Ex. W-l dt. 9-1-94—Enquiry notice xerox copy.
Ex. W-2 dt. 17-7-95—Memorandum issued by B. Nagaiah, General Secretary.
Ex. W-3 dt. 13-5-95—Statement of Sri Md. Das- tagiri, E.P, Operatoi xer. copy.
Ex. W-4 dt. 16-2-95— Judgement copy in C.C No. 69/94 xer. copy.
Ex. W-5 dt. 5-9-95—Lr. addressed to the Chair- man and Managing Director, S.C.C. Ltd., Kothagudem by the Presicleni of the Singa- reni OCP all E.P. Operators Association, xer. copy.
Ex. W-6 dt. 4-6-96—Appeal for rc-instatement of four E.P. Operators to OCP-II, Reg. xer. copy and Nija Nirdharaua Committee en- quiry report.
Ex. W-7 dt. 24-3-95—Lr. addressed to the Chair- man and M.P., SCCL, Hyderabad by M. Damodar Reddy, Minister for Mines and Geology xer. copy.
Ex. W-8 dt. 10-1-96—Lr. addressed to the Addl. Director of General, CBCTD, Hyderabad by Sri M. Mallesh, M.L.A. of Madaram Cons- tituency, Karirnnagar District xer, copy.
Ex. W-9 dt. —Report of Sri Sk. Ahmed, E.P. Operator xer. copy.
Ex. W-10 dt. —Lr. addressed to Sri Bala Gopal, General Secretary, State APCLC by P. Mallesh and 3 others,
Ex. W-ll dt. 17-1-94—Lr. addressed to the Superintendent of Police, Karimnagar by D- Madhava Reddy, Working President.
Ex. W-12 dt. 2-1-95—Lr. addressed to the Com- missioner, Nija Nirdharana Committee, Go- davarikhani by P. Mallesh, E.P, Operator.
For Management :—
Ex. M-l dt. 7-2-94—Charge-sheet alongwjth ack.
Ex. M-2 dt. 10-2-94—Reply to the charge-sheet.
Ex. M-3 dt. 20-2-94—Enquiry notice alongwith ack.
44 U Ex. M-4 dt. 2-3-94—Enquiry notice with postal returned cover with ack.
Ex, M-5 dt. 12-3-94—Enquiry notice with regis- tered cover returned unserved by postal department.
Ex. M-6 dt. 1-4-94—Udayam telugu newspaper clipping.
Ex. M-7 dt. 6-4-94—Notification issued in Eenadu Telugu Newspaper for enquiry.
Ex. M-8 dt. 1/6-4-94—Enquiry proceedings.
Ex. M-9 dt. 10-6-94—-Enquiry report alongwith statements of witnesses etc.
Ex. M-10 dt. 12-7-94—Second show cause notice.
Ex. M-l 1 dt. 20-7-94—Representation of the petitioner.
Ex. M-L2 dt. 2-8-94—Lr. issued to the petitioner by G.M., OCP-I1 and III.
Ex. M-13 dt. 4-8-94—Dismissal order.
New Delhi, the 23rd July, 2001 S.O. 2127. In puisuance 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, Godavarikhani, as shown in the Annexure in the Industrial Dispute between the employers in rela- tion to the management of SCCL and their workman, which was received by the Central Government on 16-7-2001.
[No. L-22012/25/2001-lR(C-II)]
N. P. KESHVAN, Desk Officer
ANNEXURE
BEFORE THE CHAIRMAN, INDUSTRIAL TRI- BUNAL-CUM-LABOUR COURT, GODAVARIKHANI
PRESENT :
Sri P. Gurunadha Rao, B.Se , B.L,, Chairman- cum-Presiding Officer.
Monday, the 2nd day of July, .2001 Industrial Dispute No. 96 of 19994422 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [P\Rf I I —S EC 3(ii)j BETWEEN
B:uid:i Piabhykar Goud, Ex. E.P, Operator, S/o Narsa Goud, Age 34 years, R /o T2-200, Centenary Colony of Kamanpur Mandal of Karimnagar, District-505 212. Petitioner
AND
1. The Project Officer,
S. C. Co. Ltd., OCP-II, Ramagundam, District Karimnagar.
2. The General Manager,
S. C. Co. Ltd., OCP-II & III. Ramagundam, PO : Godivarikhani, District Karimnagur, A.P.-505 209.
3. The Chairman and Managing Directm.
Singarcni Collieries Co. Ltd., P.O. : Ko'hngudem, District Klnramam.
. . .Respondents.
This petition coming befoie me for final hearing in the presence of Sri K. V. N. Rao, Advocate for the petitioner and of Sri C. S, N. Rcddy, 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 are as follows :—
The petitioner was working as F..P. Operator. On 4-1-94, the petitioner worked on P-2 shovel in \h? third shift. He did not observe the death oi' Madar Saheb in his shift. Charge-sheet was issued against Turn. He submitted explanation. Domestic enquiry Vvas conducted. He was dismissed from the '•crvice w.e.f. 14-5-95.
2. Respondent filed counter stating that ihc peti- tioner was working as E.P. Operator. On 4-1-9^ i'.i the night shift, the petitioner worked on P-2 show] On 5-1-94, in the first shift, at about 9.30 a.m., P-2 shovel operator found the dead body of Madar Saheb, a cable boy. who worked on P-3 shovel in thi. ni<>ht shift. Police conducted enquiry. Tt was found th^t due to careless and negligent operation of P-3 shovel by its operator, the shovel bucket hil Madar Saheb around 2.30 a.m., and caused his death. The petitio- ner instead of reporting ihz matter to the higher authorities, removed (he de.ul body to P-2 shovel work place in connivance wiih three other operators and covered the dead body with over burden mate- rial of P-3 shovel. Chaige-sheet was issued against the petitioner, Tbi petitioner submitted explanation to the charge-sheet, Domestic enquiry was conducted. The petitioner participated in the enquiry. Ch.mic against the petitioner was proved. Show-cause notice was issued to the petitioner. The petitioner submitted explanation to the show-cause notice. The petitioner was dismissed from the service.
3. Ex. W-l to Ex. W-12 nr>d T M-1 to Fx. M-L) are marked.
4. Heard boih sides.
5. The point for consi'Jcraf'on is whether the charge against Hie putit'uner h prince!, if io, whether the punishment of removal cf the petitioner from the service is in proportion to the charge.
6. Point: Ex. M-l is chirge-sheei.
The charge is that ore V'.Tkir Saheb died due tr> hit by P-3 shove] bucket operated by Shaik Ahmed, The petitioner connived with Shaik Ahmed in con- cealing the dead body of Madar Suheb, threatened other workers not to reveal the incident and not re- ported the death of Madar Salieb to the higher ait'ln- rities.
7. The petitioner v/as working on P-2 sivjvel on 4-1-94. The deceased Madar Saheb was hit by P-3 shovel bucket operated by Shaik Ahmed. The dead body was concealed under the dump. It was not in- formal to the higher authoring. The petitioner con- nived with Shaik Ahmed in conceding the dead body. The petitioner participated in the enquiry, ll was proved that the petitioner connived with Shaik Ahmed in concealing the dead body of Madar Sal.eb and not repoiting the same to the higher authorities.
8. The petitioner was dismissed from the service w.e.f. 14-5-95, The peiHione; filed the present peti- tion on 16-6-99, i.e., more than four years after the 'dismissal of the petitioner. The petitioner could not point-out any irregularities in the enquiry.
T consider that the charge against the petitioner is proved and the punishment of dismissal 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 oidc" of dismissal of the petitioner from the service is con- firmed. Each party do bear their own costs.
Typed to my dictation, corrected and pronounced by me in the open court on this, 2nd day nf July, 2001.
P. GURUNADHA RAO, Chnirman-cum-
Presiding OfTicer Appendix of Evidence
Witnesses examined :
For workman—Nil.
For Management—Nil.
EXHIBITS
For workman :
Fx. W-l dt. 9-1-94—Enquiiy notice xenx copy.
Ex. W-2 di. 17-7-95—Memorandum issued by 13, Njigni ill Geneial Secretary.
Fx. W-3 dt. 13-5-95—Report of Md. Dastagiii, E.P. Operator, Xerox copy,
Ex, W-4 dt. 16-2-95—Copy of judgement in C.C. No. 69/94.
4423TI\. V/-5 dt. 5-9-97 -I r. .-Jdresse-d M Mi^ Ch ir- man and Managing Diiec
Ex. W-6 dt 4-6-96—Lr. addressed to the Ch.'ii- ma,i and Managing Director, SCCL, HyJtra- bad and Nija Nirdhaiana Conmi t jj enquiry report xercK copy.
H>. W-7 di. 24 3-95—I r. addressed to the Chairman & Managing Director, SCCL, Hyderabad by Sri' M. D.unodur RrJdy, Minister for M^e- & Geology xerox copy, Ex. W-8 dt. 10-1-96--Lr. nck'r-. -d 1c (lie Ar'dl. Director cf General CBCTD, Hv-'-'^ltfd by M. Mallesham, M[ A, GoJavinl hap'.
Ex. W-9 dt — —Si iVment or Sk. Ahnvxi, E.P. Operator.
Ex, W-10 dt. — —I r. addrc.M-d to Sii Bala Gopal, General S.ccne+ary, \PCl_C by P. Mallaiah and 1 o'hers.
Ex. W-12 dt, -- -~!.r at'cicved tc the Commissinner, Nij.i Nirdharano Committee. Gndavavikhani by P Mallaiah, F P f)ne- niior, OCP-II.
For Managem?nt:
Kx. M-l dt. 7-2-94—Cliarf;,:-.sheet with nek., Ex. M-2 dt. 20-2-94—T^olatiption to the charge- sheet.
Fx. M-3 dt. 20-2-9 4—Enquiry notice Ex. M-A dt. 17-2 X -,\pphc .it, (t ,'•: peti- tioner.
Fx. M-5 dt. 27-2-94/1 5-1-04- -T-irqmiy prcr-ed- ings.
Ex. M-6 dt. 3-7-94—Fnq lirv report alongwiih statements.
Ex. M-7 dt. 18-7-94—Second show c-iu.'e notice.
Ex. M-8 dt. 12-8-94 - Representation of the petitioner.
Ex. M-9 dt 7-5-95—Dismissal ord'-T.
New Delhi, the 23rd Ju'v, 2001 SO. 2128—In pMrimrce of Section 17 nf the T.idLis'rcl Di?mi> /Nrf, 1Q47 (14 of 1047). the Cenlrd Govern"ient hereby pabli^hss the award of Cenlial GovemnieiH Industrial riilnmal/l iibour Court, Godnviirikhani, as shown in the Anmexure in the Industrial Dispute between the employers in rela- tion to the management of SCCL and then workman, winch was received by the Central Government on 16-7-2(KM.
[No. L-22012/25/2001-IR(C-TT)l
N. P. KESAVAN, Desk Officer
ANNEXURE
BEFORE THE CHAIRMAN, INDUSTRIAL TRT- BUNAL-CUM-LABOUR COURT. GODAVARIKH\NI
PRESENT :
Sri P, Gurunadha Rao, B.Sc, B.L., Chairman- cum-Presiding Officer
Tuesday, the 3rd day of July, 2001 Industrial Dispute No. 132 of 1999
BETWEEN
Amniisetty Thimpathi, S/o Mallaiah, 36 years, Ex-Coal Filler, E-Code No. 0901353, R/o Nagunooi village & post, Mandal & District Kaiimnagar A.P.
. . . Petitioner.
AND
1. The Chief General Manager,
Singareni Collieries Co. LM., Ramagundam Division-I. PO : Godavarikhani, District Kanmnagar, A.P.
2. The Superintendent of Mines,
C.DK. No, 2 Incline, PO : Godavarikhani, District Kaiimnagar A.P.
. . .Respondents.
This petition coming befoie me for final hearing in the presence of the petitioner, but his Advocate and Advocate for respondents absent and having "tocd over foi consideration till this date, the court passed the following :•—
AWARD
1. This is a petition filed U/-i. 2-A(2) of thr In- dustrial Disputes Act. 1947, as amended by A.P., Amendment Act, 1987.
Facts of the case briefly are as follower—
The petitioner was appointed as Coal Filler w.e.f. 1-1-95. He was absent for mor- than 300 davs in the vcar. 1997 without anv application for leave. Charpc-sheet was issued again^i him. Domestic en- oniry was conducted The n-tiiioner narticioated in thi^ maiiiry. He was dismissed from service w.e.f. 16-9-90.
2. Respondents filed counter.
3. Pi'li'iover present. His Advocat" absent. Advoca*c f(1r respondents absent.
Ex W-1 to Ex. W-10 and Ex !ST-1 to Fx. M-11 are marted.
4424 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)]4. The point for consideration is whether the charge against the petitioner is proved, if so, whether the punishment of dismissal of the petitioner ffom the service is in proportion to the charge.
5, Point.—Ex, M-2 is chai^e-shect. The pelilioncr had put-in only 64 musters in the year, 1997. He was absent for the remaining days without any appli- cation for leave.
Ex. M-3 is explanation to the charge-shed. The petitioner stated that he was suflimnp from I 'leer and Jaundice. The petitioner admitted that he was absent for more than 300 days in the year, 1997. He further stated that he applied for sick leave and leave T>n loss of pay. But there is no evidenee to show that the petitioner applied for any leave in the year. 1997. The petitioner participated in the enquiry. He was dismissed from the service w.e.f. 16-0-99.
I consider that the charge against the petitioner is proved and the punishment of dismissal of the peti- tioner from the service is in proportion to the charge.
In the result, this petition is dismissed. The order of dismissal of the petitioner from th<\ service '>*•con- firmed. Each party to beafr their own costs.
Typed to my dictation, corrected and pronounced by me in the open court on this, 3rd clay of July, 2001.
P. GURUNADHA RAO, Chairman-cum-
Presiding Officer Appendix of Evidence
Witnesses examined :
For workman—Nil. For Management—Nil.
Exhibits
For workman :
Ex. W-l dt. 19-9-99—Fit ceitificafe issued by Medical Superintendent, Area Hospital, xerox copy.
Ex. W-2 dt. 20-5-99—Fit certificate issued by Medical Officer, SCCL, xerox copy.
Ex. W-3 dl. 25-11-98—Fit certificate addressed to Superintendent, of Mines, GDK 2-A In- cline by Medical Superintendent, Area Hos- pital, xerox copy.
Ex. VV-4 dt. 13-11-98—Lr. directing the petitio- ner for medical examination in the company hospital, xerox copy.
Ex. W-5 dt. 7-11-98—Fit certificate issued by Dy. Civil Surgeon, District HQRS, Hospital, Karimnagar xerox copy.
Ex. W-6 dt. — —Treatment particulars given by the company Area Hospital during Nov- ember, 1998, xerox copy.
Ex. W-7 dt. 20-10-85—Office order (xerox copy).
Ex. W-8 dt. 17/19-1-95—Office order (xerox copy).
Ex. W-9 dt. 3G-8-95—Confirmation letter xerox copy.
Ex. W-10 dt. 18-3-99—Lr. issued to the petitio- ner by S.O.M , GDK, 2A Incline, xerox copy.
For Management :
Ex. M-J dt. 13-8-97—-Oljice-memo xerox copy.
Ex. M-2 dt. 30-7-98—Charge-sheet.
Ex. M-3 dt. 6-8-98—Explanation to the charge- sheet.
Ex. M4 dt. 4-9-98—Enquiry notice.
Ex, M-5 dt. 10-9-98—Domestic enquiry proceed- ings.
Ex. M-6 dt. 11-9-98—Enquiry report.
Ex. M-7 dt. 11-2-99—Show-cause notice, Ex. M-8 dt. 3-3-99—Acknowledgement.
Ex. M-9 dt, 4-3-99—Representation of the peti- tioner.
Ex. M-10 dt. 29-3-99—Mercy petition of the pet'riionei.
Fx. M-l 1 dt. 14-9-99—Dismissal order.
New Delhi, the 23rd July, 2001 S.O. 2129.—In pursuant, 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 re- lation to the management of SCCL and their work- man, which was received by the Central Government on 16-7-2001.
[No, L-22012|25|2001-IR(C-II)1 N. P. KESAVAN, Desk Officer
ANNEXURE
BEFORE THE CHAIRMAN, INDUSTRIAL TRTBUNAL-CUM-LABOUR COURT, GODAVARTKHANT
PRESENT :
Sri. P. Gurunadha Rao, R S c, B.L., Chairman- cum-Fresiding Officer.
Tuesday, the 3rd Dalv of Julv, 2001 Industrial Dispute No, 21 of 1999 BETWEEN
Thanduboina Dutgiiah So Banaidh, 28 yrs., Ex-Coal^iHer, E.C. No. 2636297, R|o. Malikarjunagar, R. K. Piiram, C|o. Vishweshwar Rao Pingale, Advocate, Godavarikhani.
-Petitioner.
AND
The General Manager, S C. Co. Ltd., R. K. Puram, Majndamarri, Dist. Adilabad. —Respondent.
I P' Typed to my dictation, corrected and pronounced by me in the open court on this, 3rd day of July, 2001.
P. GURUNADHA RAO, Chairman-cum-Frcsidihg Officer
TD No. 21|99
Appendix of Evidence
Witnesses-examined For workman : For Management:
—Nil— — N i l-
Exhibits
For workman :—
—Nil—
This petition coming bcfoie me for final hearing in the presence of Sri. V. Venkateswar, Advocate for P. V. Rao, Advocate representing petitioner, but counsel for the respondent absent and1 having stood over lor eonsick'icition till this date, the court passed the following:—
AWARD
1. This is a petition filed U|s. 2-A(2) of the In- dus^iad Disputes Act, 1947, as amended by A. P., Amendment Act, 1987.
For Management: —
Ex. M-l dt. — —Attendance particulars of the petitioner for the year, 1996.
Ex. M-2 dt. 22-1-97—Charge-sheet.
Ex. M-3 dt. 11-6-97—Office-order. Ex. M-4 dt. 24-6-97—Enquiry notice Ex. M-5 dt. 12-7-97— — d o- Ex, M-6 dt. 16-7-97—Enquiry proceedings". Ex. M-7 dt. —Enquiry report. Ex. M-8 dt. 27-7-98—Lr. addressed to the- peti- tioner by the General Manager, RKP.
Ex M-9 dt. 3-8 98—Ack.,
4ANNEXURE
BEFORE THE CHAIRMAN, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, UODAVAR1KHANI
PRESENT :
Sri P. Gurunadha Rao, B.Sc, B.L., Chairman- cum-Prcsiding Officer .
Tuesday, the 3rd Day of July, 2001 Industrial Dispute No. 16 of 1999
BETWEEN
Kasu Gattaiah, S|o Ttajam, Age 4-8 yrs., Ex-General Mazdoor, R|o. H, No. 8-5-85, Ram Mandir Road, FO : Godavarikhani-505 209. Dist. Karimnagar A.P.
. . Petitioner.
AND
1. The General Manager,
Singareni Collieries Co. Ltd. Ramagundam Division No, I, PO : Goda,varikhani-505 209, Dist, Karimnagar A.P.
2, The Superintendent of Mines,
GDK. No. 3 Incline, PO : Godavarikhani-505 209,
Distt. Karimni'ijar A P.
..Respondent.
This petition coming befoie me for final hearing, but both parties and their Advocates arc absent arfd having stood over for consideration till this date, 'he court parsed the following : —
AWARD
1. This is a petition filed U s. 2-A(2) of 'he In- dustrial Disputes Act, a-, amended by A P. Amend- ment Act, 1987.
Facts of the case bricflv are as follows:—The peti- tioner was working as General Mazdoir.—He was absent for 280 davs in the yemr. 1996, Charcesheet was issued on 5-3-97. The petitioner submitted expla- nation statins that he w"s sick and sufferine from stonnatch pain. Thp petitioner admitted the charee that he w;-,s absent from dutv for 280 davs in the year, 1996. Domc^ic enqukv was conducted and the petitioner v as dismissed from the service w.c.f. 10-11-97.
2. Respondents filed counter.
3. Petitioner absent His advocate ab'cnt.
Advocate for respondents absent
Ex. M-1 tr> M-I0 are marked
4. The point for consider.-nion Is whether the choree against the petitioner K proved, if *o, whether the punishment of dismi^sfil of the rrti'ioner frcm the service is in proportion to the charpc.
5 POlM'1" • FT M-l K ch-irneshe^t The ne'itionor was absent from dn'y for 280 days in the year. 1996.
Ex, M-2 is explanation of th*3 nctitioner. The petitioner stated that he was nb^pnt fT>rn dufy because he was suffering from stomach pain.
The petitioner did not submit any application tor Jeave for 280 days in the year, 1996. The petitioner participated in the enquiry.
Ex. M-9 is order dt. 9-11-97 dismissing the peti- tioner w.e.f. 10-11-97.
6. Domestic enquiry was conducted. Tt wag proved that the petitioner Mas absent from duty for 280 days in the yeai, 1996 without any application for leave.
I consider that the charge against the petitioner is proved and the punishment of dismissal of the peti- tioner from the service is in proportion to the charge, Hence, I answer the point accordingly.
In the result, this petition h dismissed. The oTder of dismissal of the petitioner from the service is con- firmed. Each party do bear their own costs.
Typed to my dictation, corrected and pronounced bv me in the open court on this, 3rd day of July, 2001.
P. GURUNADHA RAO, Chairman-cum-Presidinc Officer.
Appendix of Evidence
Witnesses-examined
For workman ;— Fof Management:
—Nil— — N i l-
Exhibits
For workman:—
—Nil—
For Management:—
Ex. M-1 dt. 5-3-97—Charge-sheet.
Ex. M-2 eft. 29-6-97—Reply io the charge-sheet Ex, M-3 dt. 9-7-97—Enquiry notice.
Ex. M-4 dt, 17-7-97—Enquiry proceedings.
F.x. M-5 dt. 30-8-97—Enquiry report, Ex, M-6 dt. 28-8-97'2-9-97—Lr iVued to the petitioner by the G.M. RG-I.
Ex. M-7 dt. 16-9-97—Postal returned cover with ack.,
Ex. M-8 dt. 29-10-97—Notification issued in Andhra Jvothi telucu dailv newspaper in- forming the petitioner to collect his enquiry report.
Pv M -9 dt. 6[9 11-97—Dismissal order.
Ex. M-10 dt. 28-11-97—Postal returned cover with ack..
4427New Delhi, the 23rd July, 200L SO. 2131,—In pursuance ol Section 17 of the Indus.rial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government Industrial Tribunal Labour Court, (iodavarikhani, as shown in the Annexure in the Industrial Dispute between the employers in rela- tion to the management of SCCL and their work- man, which was received by the Central Government on 16-7-2001.
LNo. L-22012|25|200MR(C-IUJ
N. P. KESAVAN, Desk Officer
ANNEXURE
B l i r O Rt T Hh CHAIRMAN, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, GODAVAR1KHANI
PRESENT .
Sii P. Gurunadha Rao. B.isc, B.L., Chairman- cum-Presiding Officci.
Tuesday, the 3rd day of July, 2001 Industrial Dispute No, 161 of 1999
BETWEEN
Thonduri Shivaiah, So Rajuiah, 48 years. Enjp. Code No. 1102253, En-General Mazdoor, R,o Q. No. ST2-2879, Nctaz'nagar, 8-lncline Colony, P.O. Goda\arikhani, Dislt. Karimnagar.
. . Petitioner.
A NO
The General Manager, Singareni Collieries Co. Ltd., Ramagundam Arcu-Ill, P.O. : Godavarikhani, DisLt. Karimnagar.
. Respondent.
This petition coming btore me for final hearing, but both parties and Advocates are absent and hav- i ng stood over for consideration till this date, the court passed the lollowing : —-
AWARD
1. This is a petition filed U,.. 2-A(2) of the In- dustrial Disputes Act, 1947. as amended by A.P., Amendment Act, 1987.
Fads of the case briclly aie as follows : —
The petitioner was woiking as General Mozdooi. 'He ws absent for duty for 127 days in the year, 1997. Chargeshcct was issued against him. The petitioner submitted explanation stating that he was absent from duty for 127 days in the year, 1997 be- cause of his family problems and health reasons. Domestic enquiry was conducted. The petitioner pariicip ited in the cnquiiy. He was dismissed from the seiviee w.e.f. 22-9-98. 1
2. Respondent filed countci.
3. Petit;oner absent. Kis Advocole absent. Ad- vocate for respondent absent.
Ex M-l to Lx. M-8 i.re marked.
4. The point for consideration is whether the charge against the petitioner is proved, if so, whether the punishment of dismissal ol the petitioner from the service is in proportion to the charge.
5. Point.—Ex. M-l is charge-sheet. The petitioner was abstnt for 127 dajs in the year, 1997 without an) application for leave.
Ex. M-2 is explanation to ihe charge-sheet.
The petitioner admitted that he was absent tor 127 days in the year 1997,
6. Domestic enquiry was conducted.
The petitioner participated in the enquiry.
The petitioner was dismissed from the service w.e.f. 22-9-98.
I consider that the charge against the petitioner is proved.
The petitioner stated thai he had put-in 23 j e an of service.
I, therefore, consider that the punishment of 6\s- missal of the petitioner from tliL service is not in pro- portion to the charge. Hence. 1 answer the point accordingly,
In the result, thi< petition Ts partly-allowed. The order of dismissal of the petitioner from the service is set-aside. The pditioner shall be reinstated into service without back-wagts and without continuity of scvicc. Each party do beai their own costs.
Typ;d to my dictation, corrected and pronounced by me in the open court on this, 3rd day of July, 2001.
P. GURUNADHA RAO, Chairman-
cum-Prcsiding Officer- Appendix of Evidence
Witnesses-examined
Fur Woikrmin :—Nil.
Foi Management :—Nil.
Lxhibits
boi Woikmjn :—Nil.
irCi Management : —
Fx. M-l dt, 12-3-98.-Charge-sheet,
T\. M-2 dt. 24-3-98.—Explanation to the charge-sheet.
4428 THE GAZETTE OF INDIA : AUGUST 18, 20O1/SRAVANA 27, 1923 [PAtci II—SEC. 3(il)]Ex. M-3 dt. 9-5-98.—Enquiry notice returned un-scrved envelop by postal authorities with ack.,
Ex. M-4 dt. 23-7-98.—Enquiry proceedings.
Ex. M-5 dt. 11-8-98.—Enquiry report,
Ex. M-6 dt. 2-9-98.—Show-cause notice.
Ex. M-7 dt. 8-9-98.—Representation of the petitioner.
Ex. M-8 dt. 21-9-98.—Dismissal order.
New Delhi, the 23rd July, 2001
S.O. 2132.—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, Godavarikhani as shown in the Annexure in the In- dustrial Dispute between the employers in relation to the management of SCCL and their workman, which was received by the Central Government on 16th July, 2001.
TNo. L-22012/25/2001-JR(C-II)]
N. P. KESAVAN, Desk Officer
ANNEXURE
BEFORE THE CHAIRMAN, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, GODAVARIKHANI
PRESENT :
Sri P. Gurunadha Rao, B.Sc, B.L., Chairman- cum-Presiding Officer.
Monday, the 2nd day of July, 2001 Industrial Dispute No. 94 of 1999
BETWEEN
Sk. Ahmed, S/o Voli Mohammed, Age 35 yrs., Ex-Shovel Operator, H. No. 1-1-79, Zooblipura of Sheshamahila Street, Karimnagur proper of Karimnugar District.
.. Petitioner.
AND
J. The Project Officer, S.C. Co. Ltd..
Open Cast Project-II, Ramagundam (RG), Distt. Kairimnagar.
2. General Manager, S.C. Co. Ltd.,
Open Cast Project-ll and III. Ramagundam Division, Godavarikhani-505209, District Karimnugar.
3. The Chairman and Managing Director,
Singareni Collieries Co. Ltd., PO : Kothagudem, District Khammam.
. .Respondents.
This petition coming before me for final hearing in the presence of Sri K. V. N. Rao, Advocate for the petitioner and of Sri C. S. N. Reddy, Advocate for the respondents and having stood over for considera- tion till this date, the court passed the following :—
AWARD
1. This is a petition filed U/s. 2-A(2) ot the Indus- trial Disputes Act, 1947, as amended by A.P.. Amend- ment Act, 1987.
Facts of the case briefly arc as follows :—
The petitioner was working as Shovel Operator. On 4-1-94, he worked in the thiid shilt and operated P-3 shovel. On 5-1-94 after 11.00 a.m., he was in- formed that the dead body of Madar Sahcb, a Cable Boy, was found while lifting OB by P-2 shovel. The deceased Madar Saheb worked on P-3 Shovel in the third shift on 4-1-94. The petitioner visited the place. Some of the workers turned violent. The petitioner was beaten by other workors. Charge-sheet was issued against him on 7-2-94. Ex-parte enquiry was conduct- ed and he was dismissed from the service w.e.f. 20th June, 1994.
2. Respondents tiled counter stating that the peti- tioner was working as E.P. Operator. On 4-1-94, in the night shift, the petitoner operated P-3 Shovel. On 5-1-94, in the first shift at about 9-30 a.m., P-2 shovel operator found the dead body of Madar Saheb, a cable boy, who worked on P-3 shovel. Police con- ducted enquiry. It was found that due to careless and negligent operation of P-3 shovel by the petitioner, the shovel bucket hit Madar Saheb around 2.30 a.m., in night shift on 4-1-94 and caused his death. The petitioner did not report the matter to the higher authority. He removed the dead body to P-2 shovel work place in connivance with three or more other operators and covered the dead body with over bur- den material of P-3 shovel. Charge-sheet was served against the petitioner on 7-2-94. The petitioner re- ceived the charge-sheet. The petitioner received en- quiry notices. The petitioner remained ex-parte in the enquiry. The petitioner was dismissed from the service w.e.f. 20-6-94.
3. Ex. W-l to Ex. W-14 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 punisment of dismissal of the petitioner from the ser- vice is in proportion to the charge.
6. Point : Ex. M-l is charge-sheet.
44^9
Ex. W-6 dt. 4-6-96—Appeal for re-instateroent of four E, P., operators of OCP-II Reg. and Nija Nirdharana Committee enquiry Report.
Ex. W-7 dt. 24-3-95—Lr. addressed to tho Chairman &. Managing Director, SCCL, Hyderabad by Sri. M. Damodar Reddy, Minister for Mines & Geology.
The charge is that one Madar Saheb died auc to hit by P-3 shovel bucket operated by the petitioner Shaik Ahmed. 1'he petitioner instead of reporting the above accident to the higner authorities, connived with other workmen, removed the dead body to P-2 shovel and covered it with O.B. material to conceal the L * i- dencc. The petitioner also threatened omci WOI'M en with dire consequences it they reveal the incident to anyone.
Ex. W-8 dt. 10-1-96—Lr. addressed to the Addl. Director of General, CBCID, Hyderabad by Sri M. Mallesham, M.L.A., Madaram con- stituency, Karimnaga^ Dist.
Ex. W-9 dt. —Statement of Sri S. K.
Ahmed, E.P. operator,
Ex. W-10 dt. —Lr. addressed to Sri Bala Gopal, General Secretary, State A.P.C.L.C. by P. Mallaialh and 3 others.
4430 THE GAZETTE OF INDIA : AUGUST J8, 2001/SRAVANA 27, 1923 [PARI 1 I ~ S E C. 3(ii)JNew Delhi, the 23rd July, 2001 S.O. 2133.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publisher the award of the Central Government Industrial Tribunal|Labour Coun, Warangal as shown in the Annexure in the Industrial Dispute between the employeis in relation to the management of SCCL and their workman, v. hich was received by the Central Government on 16-7-2001.
[No. L-22012|26|2001-lR(C-II)]
N. P. KESAVAN, Desk Officer
ANNEXURE
IN THE INDUSTRIAL TRIBUNAL-CUM- LABOUR-COURT AT
WARANGAL
PRESENT :
Sri V. Appalanarasimham, B.Sc, B.L., Judge. Thursday, the 2nd day of December, 1999 Industrial Dispute (C) No. 3 of 1997
BETWEEN
Gudisela Rajalingu sjo Fosham, Occ : General Mazcloor, R|o Ycllandu, Dist : Khammam.
. .Petitioner.
AND
The General Manager, (Projects), The Singareni Collieries Company Ltd,, Yellandu Area,, Yellandu-507 123, Dist. Khammam.
...Respondent. This industrial dispute coming on bet ore me for final hearing on 11-11-99, upon perusing the claim petition, counter and all other material documents on record and upon hearing the arguments of Sri S. Venkateswar Rao, advocate for the petitioner and Sri Ch. Purna Chandra Rao, advocate for the res- pondent, the matter having been stood over for con- sideration till this day the eouit passed the following:
AWARD
The petitioner filed this petition Uncfcr Section 2-A(2) of I.D. Act, to set aside the order of removal against him dt. 26-12-95 (came into force w.c.f, 28-12-95) and to direct the respondent to reinstate the petitioner into service with back wages and continuity of service.
2. The brief averments of the petition filed by the petitioner are ap follows:—The petitioner was ap- pointed as a General Mazdoor in the respondent com- pany in 1972. He continued with service till the da'c of order ol removal dt. 26-12-95. Petitioner applied for leave on 19-8-1994 and has i>oue to Waningai. He to chest pain and due to ill-hea,lth, he could no' report for duty from 20-8-94, Petitioner has taken treatment in Waraneal. He was absent fiom duty from 20-8-94 to 11-1-95, for the reasons beyond his control and ctu? to ill-health. He reported for duty on 11-1-95. He v,as examined in Area Hospiln1 of ihc respondent comonnv ''n-T nn tn° fitness certifi- cate issued he v.as admitted in loin from 18-1-95. Chargcmcmo was issued to the petitioner and after enquiring, he wa,$ removed from service us per ordeis dt. 2'b-U-95, which came into force w.e.f, 28-12-95. 1 lie order ol removal is illegal. There are no mala- fides on the pan of the petitioner for his absence from diuy in the relevam period. The order of tcimina- tion shall be set aside and the petitioner shall be reinstated inio service widi biick wages anti othci benefits.
3. The brief averments of the counter hied by the respondent are as follows:—The petitioner challenged the dismissal order dt. 26-12-95. On application filed by the petitioner the ease was legisteied as I.D. (C). No. 3[97 in this court. Previously re-conciliation pioceed'ings were under taken and the matter was leferred by Central Government, to Indusnail Tri- bunal, Central, Hyderabad and copy of the said order is received by the management. The above facts are supressed by the petitioner. Industrial Tribnual, Central at Hyderabad only has got jurisdiction to entertain this dispute. This petition is liable to be dismissed.
4. On the above pleadings, there arc tw o points Jor consideration in this petition :—
(1) Whether this court has got jurisdiction to entertain the petition U|Sec. 2-A(2) of I.D. Act ?
(2) Whether the punishment imposed by the respondent is shockingly dis-proportionate to the act of the petitioner for h,is failure to attend duty from 20-8-1994 to 11-1-95?
Arguments of advocates of both parties are heard.
6. POINT NO. 1:—This petition under section 2-A(2) of I.D. Act is filed in this court on 18-2-97. On the reference of Central Government vide pro- ceedings dl. 22-8-97. I.D. 55|97 was registered on the file of Industrial Tribnual-I at Hyderabad. So this petition is filed long before the registration of I.D. 55|97 on the file of Industrial Tribunal-I at Hyderabad. I.D. 55'97 waft closed as the petitioner failed to prosecute the matter, even aher several ad- journments. This petition filed in this court is much earlier to the petition numbered in Industrial Tri- bunal 1 at Hyderabad. Both the courts having con- current jurisdiction to entertain the Industrial Dis- pute. Petitioner can file this petition under section 2-A(2) of T.D. Act, even without any reference under section 10(1) of I.D. Act. There is reason to believe that petitioner has no' prosecuted T.D. 55 97 in In- dustrial Tribmal-I v* Hyderabad, since he filed this petition on 18-2-97 itself. On these facts the dismis- sal of I.D. 5 5 97 for non-prosecution will not ope- rate ;is Res judicata for th'b petition. The petition is pcifecHy nniintainab'e in this court,
7. ft is argued by the advocate for the respondent that since the respondent is Central Government undertaking, this court has no jurisdiction to .enter- tain this petition. The adVoca'c for the petitioner relied upon a decision reported in 1997 (3) ALT-556 (D.B)-(U. Chinnapa vs. Cotton corporation of India| Bombay and others). Tt is held in the above decision Section 2-A(2) of I D. Act is ,ipplicablf not only to the employees under the control of the State Govern- ment but also to the employees working in Central Government undertakings. So by 44? I
Dictated to stenographer and transcribed* by him, coirected and pronounced by me in the open court and given undci my hand and sea] of this court on 2nd day of December, 1999.
V APFALAN\RASTMHAM, Judge applying principles to the iacls of this mailer, this couit nas gut jurisdiction to decide the dispute undcj Section 2-A(2) of l.D. Act., between the petitioner and respondent, cven- th'jugh respondent is a unuumkiiik; ai ( . ^ . u! O. .- crnment. Point No. 1 is answered accordingly.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Petitioner . Workman:
W.W.-1, 21-7-99—Codisala Rajalingu.
For Respondent : Management :
—None—
FXHTRITS MARKED
Fc Pctnoner, : Workman :
Ex. W-1. Iri -1-95— Char^cbheet issued to the
petitioner.
Ex. W-2 19-l-95~Reply to chargeshect.
Ex. W-3 13-8-95—Statement of Sri Gocfisaia
Rajalingu.
Fx. W-4. — —Enquiiy Report.
Ex. W-5. 25-11-95—Management letter to peti-
tioner,
Ex. W-6. 26-12-95—Dismissal order issued to
petitioner.
For Respondent : Management : — N i l- 8. POINT No. 2:—It is clear from the a,vernments in the petition and evidence ot the petitioner as W.W.-l that he was absent from attending du ies from 20-8-94 to 11-1-95. Petitioner clearly deposed in his evidence that since he became sick suddenly in Warangal and because of his treatment in the above period he could not attend for duty. Petitioner was permitted to join after thorough medical check up in >he Hospital of the respondent and he discharged duties from 18-1-1995 till the date of removal. As can be seen from the charge framed against the peti- tioner, he was removed from service for his un- authorised absence in the relevant period without any sanctioned leave. In the domestic enquiry, state- ment of the petitioner only was obtained. No witness- was examined on behalf of the management, There is no leason to believe that fhcie aic malafides or mis conduct on the part of the petitioner lor his failure to attend for duty in the above period without reason- able cause. The evidence of WW-1 by explaining the reasons for his absence on health grounds JS not challenged Ly any wi'ncss on behalf of the respon- dent. No witness is examined on behalf of the respondent in this court. Tbe respondent grossly erred1 in treating the absence of the petitioner without, sanctioned leave is ? misconduct and removing him from service for that reason.
New Delhi, the 23id July, 20014432 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(iijl Case No, TD 54/90
Arjun Singh son of S. Nanita Singh, V.P.O. Khera District. Patiala (Pb.)
Workman.
Vs.
Senior Regional Manager, Food Corporation of India, Sector-34, Chandigarh.
APPEARANCES ;
For the Workman—Shri G. S. Bal. For the Management—Shri R. K. Chopra.
AWARD
(Passed on 7th of June, 2001) The Centra] Government vide gazette notification No. L-220l2(207)/L/89-IR(Kolir) dated 25th of April, 1990 has referred the following dispute to this Tribunal for adjudication :
'"Whether the action of the management of FC1 in dismissing Shri Arjan Singh, Ex. AG-III, from service vide order dated 7-11-87 is justified ? Tf not, to what relief the woil;- man concerned is entitled ?"
2. The claim of the workman in brief is that he was appointed as watchman by the management on 16-4-1971 at Food Supply Depot Rajpura. Thereafter he whs promoted to the post of Justing operation w.e.f, 24-5-1976. Prior to joining the service in the management he had been studying in Ashok Higher Secondary School Sirhind from 29-5-61 to 16th April. 1963. Due to family circumstance";, he left the school and received school leaving certificate in which il was shown that he was studying in 1 Ith class. The work- man was required to submit certificate relating educa- tional qualification, so. he submitted the school leav- ing certificate during the vcar 1975. On the basis of that school leaving certificate the workman was deemed to be o matriculate and he was nromoted to the cost of AG-III w.e.f. 16-6-1978. He was per- forming hr duties- as AG-III satisfactorily At that time his cousin brother Shri Hnrchand Sintm made a complaint to the management that the workman was- not a matricui'ite So he Was reverted to the post of dusting ooerator and departmental enquiry was held against him for misconduct.
3. On conclusion of the enquiry he was punished with the penalty of dismissal. The enquiry was conducted illegally and without following the princinle of natural justice. The workman was not at fault. Tt was ihe case of lack of prudance on the part of the management, that they had considered the petitioner as a matriculate without expressly verifying this fact by way of examining the matriculation certi- ficate. The management was also guilty of contribu- tory negligence but the FIR was lodged against the workman at Police Station Sirhind. and the case was registered against the workman U/s 467/471 of TPC. After due investigation the petitioner was dis- charged by the police for want of evidence.
4. The penalty imposed by the management is excessive and disproportionate to the charges. He was dismissed by the management on 7-11-1987. He preferred appeal to the Zonal Manager which was d,smissed by passing a non speaking order dated 13th ^pril, 1988. 'Ihe orders dated 7-11-1987 and 13-4-88 are illegal, arbitrary and without jurisdiction and against the principle of natural justice, and regula- tions. He could not be punished by double penally of reversion and dismissal. The order of the dismissal be set aside and the management be directed to re- instate the workman with continuity of service and back wages with interest.
5. The management has pleaded in its written state- ment that any document relating to the educational qualification of the workman was not required for his confirmation. He did not disclose the fact that he had not passed 10th class. The management did not nsk the workman to submit matriculation certificate since the qualification prescribed for recruitment as class IV employee was middle class. The workman has committed a planned fraud. His conscience was not clear from the very start. He left school in 1963 and submitted the school leaving certificate in 1973 with intent to get the undue benefit from the management. His work was not found satisfactory as AG-III. The adverse remarks was communicated to him. The en- quiry was conducted in proper and fair manner. The orders passed by the disciplinary authority and appel- late authority are speaking orders. Therefore, the claim of the workman be dismissed with cost,
6. The workman has filed rejoinder reaffirming and reasserting the facts stated in the claim statement.
7. In this case, these facts are admitted facts that he was appointed as watchman on 16-4-1971 and thereaflcr he was promoted to the post of dusting operator w.e.f. 24-5-1976. He was again promoted to flic post of AG-Grade HI. After receiving complaint against the workman he was reverted to the post of dusting operator. After holding departmental enquiry he was dismissed vide order dated I 1-7-1987 and his appeal was dismissed vide order dated 13-4-1988. It is al~o admitted fact that the workman submitted school leaving certificate of Ashok Higher Secondary School, Sirhind in which he was studying in 11th class.
8. The workman has submitted his affidavit Ex. W2 and the copies of the document which have been ex- hibited as Ex. W2 to W6. The management has also examined District Manager Shri R. D. Sahi. His affi- davit is Ex. M2. The management has submitted the enquiry file which is Ex. M3 containing pages from J to 35. The management has also submitted the affidavit of Shri J. C. Sharma another District Manager.
9. The workman has deposed in his affidavit that he was asked bv the mi'lnageinent to produce his cer- tificate of educational qualification showing the date of birth "r,_ he obtained school leaving certificate from Ashok Hicher Secondary School and submitted to the authorities of the management. Thereafter, he was confirmed as watchman. He has MISO deposed that the orders passed by the discinlinarv authority dismiss- ing him from service and the orders passed by the4433 appellate authority rejecting his appeal are illegal and unjustified and against the principle of natural justice. But he has not pointed out what irregularities were committed by the management duriug the course of departmental enquiry. Some facts should be placed before this Tribunal to indicate any illegality and un- justified act of the management. On going through the enquiry file, no any irregularity in the conduction of departmental enquiry has been noticed. Therefore, it. can not be said that enquiry was conducted contraven- ing the principle of natural justice and regulations made by the management relating to the holding of the departmental enquiry. The orders passed by the disciplinary authority and appellate authority are elo- bratc and the relevant facts have been considered by them while passing orders. The workman has admitted in his cross-examination that after giving him charge sheet the enquiry was conducted. He participated on every date of hearing. He had also made his statement in his defence during the course of enquiry. Keeping in view the admissions by the workman, it can not be held that enquiry was not conducted fairly and properly.
10. The workman lias deposed in his affidavit that he was reverted from the post of AG-TIT to the post of dusting operator. Thereafter he was dismissed from service. As such he was punished twicely for the same alleged misconduct. The action of the management taken in this manner is unjustified and contrary to the principle of natural justice. But in view of the state- ment of the District Manager Shri R. L. Sahi it can not be held that the workman was punished twicely for the same misconduct. The witness of the manage- ment has deposed that the minimum qualification for the post of watchman and dusting operator was middle pass. These posts were of class TV posts. The post of AG-gradc-III was of class III post for which mini- mum educational qualification was prescribed as matriculate. The workman was not matriculate, so, he was not eligible for class 111 post. Consequently, he was reverted to the post of dusting operator for want of minimum educational qualification and not by way of punishment, for alleged misconduct. Therefore, the question of double jeopardy does not arise in this case.
11. The management has submitted the photo copy of service record which is Ex. Ml which was filled up by the workman himself in which he had stated against educational qualification that he was matri- culate, aJongwith other particulars. The particulars given by the workman were verified by the Assistant Manager (Admn.). The management promoted him from the post of dusting operator to the post of AG- grade TIT taking into consideration Ex. Ml and the school leaving certificate issued by Ashok Higher Secondary School, Sirhind. The management mis- understood the word 'higher secondary and 11th class'. The management considered him matriculate taking into consideration the particulars furnished by the workman (Ex. M l) and the workman was promoted to the post of AG-1JI. The mistake was also commit- ted by the authority of the management in promoting the workman to the post of AG-ITI. They could not distinguish between matriculation certificate and higher secondary school cetrificatc. The manaecment V.M also equally at fault while making promotion of 2
the workman. The fault of the workman was only that he had furnished the wrong particulars in Ex. MI showing him matriculate. Therefore, the punish- ment inflicted by the management in the shape of dismissal from service is very harsh and dispropor- tionate to the misconduct committed by the workman. Consequently this Tribunal comes to the conclusion that the action of the management in dismissing the workman from service is unjustified.
12. The departmental enquiry conducted against the workman has been found proper and fair but the penalty imposed upon the workman is disproportion- ate. Therefore, it is the fit case to exercise the powers conferred U /s 11-A of the Industrial Disputes Act, 1947 to substitute the proportionate punishment. The withholding of two annual increments with cumula- tive effect is sufficient penalty to punish the workman. 'In this way the order of the dismissal from service is to be set aside and the punishment of withholding ol two increments with cumulative effect will meet the ends of justice.
13. Taking into consideration the evidence adduced by the parties, the reference is answered that the action of the management of F.C.I, in dismissing Arjun Singh from service vide order dated 7-11-1987 is unjusti- fied. Consequently the order of dismissal is set aside and the punishment of withholding of two annual in- crements with cumulative effect with continuity of service but without back wages is substituted. The workman shall not be entitled to get back wages. The management is directed to reinstate him as dusting operator on 7-11-1987 within month from the date of the award become enforceable after publication. Both parties shall bear their own costs. Appropriate Government be informed.
Chandigarh,
""" ~" 7-6-2001.
B. L. JATAV, Presiding Officer New Delhi, the 23rd July, 2001 S.O. 2135.-—Tn pursuance cf 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, Visakhanatnam, as shown in the Anncxure in the Inductrial Dispute between the employers in re-4434 THE GAZETTE OF TNDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)l lation to the management n; Central Institute of Fisheries and their workman, which was received by the Central Government on (6-7-200J.
[No. L-22
ANNEXURE
IN THE COURT OF INDUSTRIAL TRIBUNAL CUM-LABOUR COURT, VISAKKAPATNAM PRESENT :
Sri K. Veerapu Naidu,. IJ.Sc, B.L.. Chairman & Presiding Officer.
• Dated, 25th day of June, 200J
I.T. I.D. No. (C) 17/99
This Petition filed directly U/s. 2A(2) of I.D. Act
BETWEEN
K. V, S. M. Bangarraju, S/o K. Malleswara Rao, D. No.' 23-5-1/2, Papula\oodhi, Near Rama Temple, Visakhapatnam-530 001. . .. Workman.
AND
(0 The Secretary to Government.
Ministry of Agricuhure, Union of India, New Delhi.
(2). The'Director.
Centra] Institute 'if Fisheries. Nautical Engineering Training Unit. Cochin, Kerala Stafe.
(3) The Dy. Director.
Central Institute of Fisheries, Nautical Engineeiing Training Unit. Ministry of Agriculture, Government of India. Visakhapatnam. . . .Management.
This dispute coming on for final heaving bofbrc me in the presence of Sri V. Dcveswara Rao, Advocate for workman and Sri D. Ramesri, Government Plea- der for'mamipemenl. Uron hearinc the arguments of both, sides and on perusing the entire material on re- cord, the court passed the following :
AWARD
(1) This is an application ill erf under Sec 2A(2) of the Industrial Disnutcs Act. !947 for reinstatement of' the Workman with full wages and continuity of service.
(2) The workman worked us Watchman with the management for a Txcriod of 10 months o davs from .18,4.95 to 27-2^96 in the 3rd resnondent and the respondents 1 and 2 are the superiors to Respondent No. 3. As per the instructions of the mnnngpment the workman havie mad.- an atfemnt to cut the bran- ches of a tree which is located a< office camnus on 26-5-95 apd he fe)1 dnwn from the top of the tree on the compound wall and Mjsfainel futures and underwent treatment in th~ K G Hospital and sub- sequently in a Nursing Horn.- -While so the man- •ajrement bppointcd Sr>i Y. Vcnlata Raman" Botta Eswara Rao and K. Murthy in his place and the work- man was terminated w.c-.f. 27-2-1996. So he got issued a lawyer's notice dated 3-9-98 for which a reply was given by the management on 23-10-98 denying the job to the workman. The workman filed O.A. No. 255 of 1996 bcfoie the Central Adminis- trative Tribunal, Hyderabad. The said O.A. was dis- posed of with a direction to consider the case of the workman in preference to fresh and inexperienced outsiders. Violating the said direction, the manage- ment appointed the above named persons in his place. Hence this application.
(3) The 3rd respondent filed counter stating that it is not an industry and it is purely a training insti- tution and a subordinate office under the Ministry of Agriculture, Department of Animal Husbandry and Dairying, Government of India and the petitioner is not a workman under Sec, 2(S) of the I.D. Act. In support of the said plea, the 3rd respondent filed a copy of the Instruction No. 19|77 dated 15-10-77 of the Ministry of Labour, Office of the Chief Labour Com- missioner (C), New Delhi, O.P. No. 2255/84 dated 5-2-85 the Judgement of the Hon'ble High Court of Kerala and a letter No. 8<7)/95/ALC dated 12-9-96 of the Assistant Labour Commissioner, Visakhapat- nam. It is the further case of the 3rd respondent that the petitioner worked as casual watchman at CIFNET Hostel from 18-4-95 to 27-5-95 and he abruptly absented himself from duty without any in- formation w.e.f. 28-5-95. Tt is false to allege that the petitioner fell down from the top of a tree on a compound wall on 26-5-95 and got admitted in K. G. Hospital with a fractured hand as he was on dutv on 26-5-95 as well as on 27-5-95. He attain aooronch- cd this 3rd respondent in August, 1995 with a re- quest for reappointment. He was again engaged and worked frr.n 18-8-95 to 25-2-96 on casual ba^is till a candidate sponsored by the employment exchange. The Petitioner v, as appointed only as a stop- gap arranagement ending receipt of list of candidates from the local employment ex- change. Accordingly, the petitioner was discontinued in February, 1996 on the joining of the candidate-, sponsored by the employment) exchange. The petitioner tiled O.A. No. 255196 wherein it is ordered the post experience of the petitioner only considered for any casual appointment in preference to such experience to cu*siders and in the mean- wh.ile, the institute was shifted to the newly cons- tructed permanent building and as such the engage- ment of casual workmen ;•• the CIFNET Unit was discontinued. There h no sanction of regular post •of watchman to the said hosiai as is shifted to a permanent building. Hence the petition is liable to ' " be dismissed. _
(4) R2 find R3 filed a memo adopting the coun- ter filed by R l.
(5) On behalf of the workman, the workman is exanvned n*. V/Wl and po< marked Ex.s. Wl to W5. On tehalf of tlv management the deputy director of the management is examined as MW1 and got mark- ed Exs. Ml ti. M6.
(6) Heard both sides.
(7) The point lhat arises for consideration in this cage is : Whether the petitioner is entitled for re- instatement wilh back wages as prayed for'' (8) The case of the workman is that he served as watchman under the 3s d respondent hosl)al from 1S-4-95 and lie was lcmoved from service on 27-2-96 and he was paid monthly salary of Rs. 1800 by the time oL removal of his service. No notice of termination is given, nor any compensation was paid, he was not removed on any allegation cf charges. Therefore, the learned counsel appearing for the workman contends that the petitioner is to be re- instated. He also further mbmits lhat at the inst- ance of 3rd respondent the petitioner climbed up a tree in the bostal on 26-5-95 and fell down from a branch or the tree and susiained injuries to his hand and he underwent treatment in the K. G. Hospital as out patient and Ex. Wl is the O,P. ticket evidenc- ing the said fact. It is his further case that two days after admitting in llie hospital he went to the hospital to join duty but he was advised to come later after he is fully iccoveied. So on 18th August, 1995 he was again attended to duty and joined duty and served till 27-2-96. He got issued lawyer's notice and the office copy of which is Ex, W2 for which a reply was given under Ex, W3. He also filed O.A, No. 255^96 and it was also disposed of with a direction to consider his case. He also filed a copy of the order Ex. W2. Therefore, the learn- ed counsel appearing lor the workman contends that the termination of the workman is illegal. He also further darws the attention of this court to cer- tain admissions made by MW1 in the cross-exami- nation at page 3 of his deposition,
(9) MW1, the deputy director of the manage- ment admitted at page 3 of his deposition that the workman used to work as watchman in the training hostel till that hostel is ther?. They kept the regular watchman ait the hostel now because they engaged the watchman on a contract basis approved by the Ministry and Dy. Director to v> atch their regular premises for a period of 11 months subject to rene- wal, They did it only to disengage the workman and the hostel requires one watchman because there aie some valuable stores, He further stated that as a disciplinary measure they disengaged the ser- vices of the workman because he absconded on same day without informing the office oi the officers con- cern.
(10) From the above said admissions, the work- man counsel contends that lieie this is a case where the seiv'ce-. of Ihe workman were disengaged be- cause they engaged a watchman on a contract basis approved by the Ministty. Therefore, the dis- engagement of the petitioner is not legal and justi- fied.
4435 ' Court ofi Kerala in E,\s. Ml and M3 while consider- ing, the issue a- to whether the respondents CJFNET, Unit is un industry or nol. His Lordship furthers held' th.tt ihe respondent institution does not fulfil the 3 tests mentioned in Bangalore Water Supply and Beverage Board Vs. Rtijappa reported in 1978 (2) SCC 2"12. His Lordship also further held that, the petitioner theiein is served as casual labour, since the service of the employees of the 1st) respon- dent is governed by Rules framed under- Article 309 of the Constitution of Tndia, the petitioner's claim based on Chapter V of the Industrial Dispines Act is not sustainable in law. The counsel for the respondent also placed ldiaiice on a decision bet- ween the Director of Postal services Vs. K.R.B. Kajmal reported in 1984 K.LR 151 wherein it is held that the petitioner thejein is not entitled to the benefits of provisions contained, in Chapter V-A of the Industrial Disputes Act. Ex. M2 is the anne- xure-111 dated 18-9-96 addiesscd to R3 by the Asst. Labour Commissioner, Central. Visakhapatnam stat- mc that (he 3rd respondent i1- an educational, scien- tific, research or Training Institute and the same is nol include under the definition of Sec. 2(j) of the I.D. Act. Therefore, this is not an industry, Ex. M6 is the xerox copy of the memorandum of Chief Labour Ce;nmissioner (C) New Delhi under CLO's instruction No. 19J77 dated 15t,h October, 1977 where'n the Central Institute of Fisheries Education, Bombay and Central Institute of Fisheries Operation Bombay arc educational Institutions thty would not be covered within the definition of 'industry'. Ex. M5 is the memo copy of the objections of the institution of respondents 2 and 3, which are aas follows :
(1) To create technical manpower for the ope- ration of ocean going fishing vessels, (2) To create manpower to run the shore estab- lishments tha|t support the operation of ocean going fishing vessels.
(3) To create teachers for Fishermen Training Centres rim by the maritime states and Union Territories.
(4) To conduct various retreshcr training prog- rammes for the vessel operatives and shore lcchnicians[manaigers,
(5) To provide technical consultancy services in all matters concerning marine fishing with special reference to technical man- power requirements.
(6) To help developing nations in the South- East Asian, Middle-ea,st and Africa regions to create technical manpower fot the ope- ration of their fishing fleets and running of the supporting shore establishments.
4436 THE GAZETTE OF INDTA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3(ii)]petitioner herein cannot be treated as a,n industrial dispute between the workman and the employer and as such, the petitioner herein is not entitled to the benefits provided in Chaptcr-V of the I D. Act and as such, the petition U|Sec. 2A(2) of the I.D. Act is not maintainable. Therefore, I answer the point in favour of the management and against the petitioner.
(14) In the result, the petitioner Is dismissed and nil award is passed. However, there is no order as to costs in this application. Dictated to steno trans- cribed by her given under my hand and seal of the court this the 25th day of June. 2001.
K. VEERAPU, Presiding Officer APPENDIX OF EVIDENCE
WITNESSES EXAMINED:
For Workmajn :
WW1 : K. V. S. M. Bangar Raju. For Management : MW1 : M. K. Deva Raju,
DOCUMENTS MARKED
For Workman:
Ex. Wl : 26-5-95 : O. P. Ticket of the work- man issued by K. G. Hospital, Visakhapat- nam.
Ex. W2 : 21-1-98 : Xerox copy of the order in O.A. 255|96 before the C.A.T., Hyderabad bralnch.
Ex. W3 : 3-10-98 : Ragistered lawyer's notice issued to the Management by workman counsel.
Ex. W4 : 8-10-98 : Postal acknowledgement.
Ex. W5 : 23-10-98 : Reply to the Lawyer's notice df. 3-10-98.
For Management:
Ex. Ml, : Xerox copy of the Judgment of O,P. No. 2255184 before the High Court of Kerala.
Ex. M2 : 18-9-96 : Letter addressed to the management by the Asst. Labour Commis- sioner (Central), Visakhapatnam regarding Fisheries, Nautical & Engineering Training Unit is an industry.
Ex. M3 : 5-2-85 : Xerox copy of the Judgment in OP No 2255|84 before the High Court of Kerala.
Ex M4 : 7-6-95 : Xerox copy of the Muster roll of casual labourers during the period" from 1-5-95 to 31-5-95.
Ex. M5 : Xerox copy of the objectives of the institute.
Ex. M6 : 15-10-77 : Momorandum of the Dy, Chief Labour Commissioner (C). New Delhi, the 23rd July, 2001 S.O. 2136.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby pub- lishes the award of the Central Go',ernment Industrial Tribunal|Labour Court, Bangalore 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 Govern- ment on 16-7-2001.
i[No. L-42012j6l!87-D.IV.(B)l N. P. KESAVAN, Desk Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TR1BUNAL-CUM LABOUR COURT, BANGALORE
Dated 29th July, 2001
PRESENT :
Hon'ble Shri V. N. Kulkarni, B. Com.
LLB, Presiding Officer
CGIT-cum-Labour Court Bangalore C.R. No. 30|89
I Party :
Sri K. V. Sreenivasan.
Represented by Regional Chairman. Food Corporation of India. Employees Union.
Karnataka Region, Cjo. FCr Regional Office, No. 10 Mission Road.
Bangalore-560027,
(Advocate-Shri M. C. Narasimhan).
4437II Party :
1. The Zonal Manager,
Food Corporation of India. Zonal Office, No. 2, Haddows Road. Madras-600006.
2. The Regional Manager,
Food Corporation of India. Regional Office, No. 10. Mission Road, Pallavi Complex,
Bangalore-660027.
(Advocate Shri Sharma).
issued and the same is not correct. The en- quiry was not held properly. The first party union has prayed to pass award in favour of v. orkman.
7. The case of the second party is that the first party union workman is not a work- man and the Industrial Dispute is not main- tainable. The first party was promoted. The first party was promoted as stated in para 6 and was retained in Karnataka Region.
AWARD
1. The Central Government by exercising the powers conferred by clause (d) of Sub- section 2A of the Section 10 of the Industrial Disputes Act, 1947 has referred this dispute vide order No. 1^42012(61 )|87-D.IV|B dated 20-3-1989 for adjudication on the following schedule:
SCHEDULE
"Whether the action of the Management of Food Corporation of India in transferring Sri K V. Sreenivasan, Regional Secretary of FCI Em- ployees Union, Karnataka Region from Karnataka Region to Tamil Nadu Region, is justified ? If not, to what relief the said employees is entitled ?"'
2. The first party was working 'with the second party. He was transferred and there- fore industrial dispute was raised challenging the transfer.
3. Parties appeared and filed Claim State- ment and Counter.
4. First party is the union. Shri K. V. Sreenivasan is the workman of the first party nnion.
5. The case of the first party union work- man is that he was illegally transferred.
6. It is the further case of the first party that Sri C. S. Shivanna, the Regional Mana- ger, FCI, Bangalore went to Madras and arranged his transfer order for posting him to Tamil Nadu Region and this is nothing but malafide. The first party has narrated the history of the union and its working in the Claim Statement. The charge sheet was 8. The allegations made by the first party against the higher officers in affecting transfer are not correct. The transfer order was pass- ed in the normal course and in the pubiic interest and in the interest of Corporation. The transfer order was served on the first party and he was relieved. The first party without joining at new place challenged the transfer order by filing Writ Petition and subsequently that was dismissed. The transfer has been made in public interest and nothing else. The enquiry was held against the first party be- cause he has violated the transfer order and therefore, he was dismissed. The action of the management is correct. The management has prayed to reject the reference.
9. It is seen from the records that 2 wit- nesses have examined on behalf of the manage- ment. First party got examined himself in part. According to the evidence of MW1 and II the transfer was effected by following the office procedure and MW1 has stated that generally on promotion the promotee will be transferred and the transfer of the first party was justified and it was an administrative order. He was cross examined at length but nothing is illicited. We have the evidence of MW2 and according to his evidence the first party was promoted. These two witnesses are cross examined by the first party but nothing is made out from their cross examina- tion.
10. Admitedly the transfer is an adminis- trative order and unless malafide is proved the transfer cannot be challenged.
11. In the instant case there is nothing to say that the transfer was malafide. Promo- tion and Transfers arc cannot be claimed as of right. Taking all this info consideration I am of the opinion that the first party has not proved that the transfer was malafide. On the other hand the management lias proved tint the transfer was administrative order and was without any malafide.
4438 1HE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 [PART II—SEC. 3Xii)]12. It is seen from the records that .sora; preliminary issues wore framed and they a i: as under:
(i) "Whether this tribunal has no juris- diction as contended in para 2 of the counter statement ?"
(iiO "Whether the first party was not a workman and that this Tribunal ha^ no- jurisdiction as contended in par,i 3 of the counter statement ?" (iii) "Whether the reference is barred and1' not maintainable as ^ l l e ^l in para 10- of the counter stMe ment ?"
(iv) "Whether the reference docs not survive on the ground that he has been dismissed as contended in para 12 of the Counter Statement ?" 13. It is seen from the records that the first party was dismissed subsequent to this disput" and I am otrthc opinion that now the situation is changed because the first party has attain- ed the age of superannuation.
14. In view of the superannuation the dis- pute of .challenging transfer has no merit. The second party has not proved that the first party is not a workman. The second parly has also not proved that the reference is bad. It is not established by the management thai this tribunal has no jurisdiction. Therefore, all this preliminary issues are answered holding that this tribunal has jurisdiction and first party is the workman and the dispute is lot bad.
15. Facts remains that the first party has of superannuation. Tn view of this changed situation the- dismissal order also losses im- portance except the fact that whether first party is entitled for monetary benefits.
16. Taking all this into consideration I urn of iho opinion that in the changed circum- stances this, reference has no merit and accord- ingly I proceed to pass the following order.
ORDER
The reference is rejected.
(Dictated to PA transcribed bv her correct and signed by me on 29th June. 2001 > H O N B IF V. N. KyTT".P,NT, P W d in - Officer New Delhi, the 24h July, 2001 S.O. 2137.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1047), the Central Government hereby pub- lishes the award of the Central Government Industrial Tribunal'Labour Court, Bangalore as shown in the annexure in the Industrial Dispute beween the employers in relation to the management of Union Bank of India and their workman, which was received by the Central Government on 23-7-2001.
;No. L-12012|327|87|D-TI(A)] C. GANGADHARAN, Under Secy.
ANNEXURE
BKFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRTBUNAL-CUM-LABOUR COURT
"Shram Sadan",
G. G. Palya, Tumkur Road, Yeshwantpur, Bangalorc-560022.
Dated : 5th July, 2001
PRESENT :
IIon?blc V. N. Kulkarni, Presiding Officer C.R. No. 15188
I Party :
Shri Babu Mahadevappa Andani, C P. Shri B. K. Joshi, Adovcate, BetfiSerichal, Basvan Galli Killa. GOKAK (Karnataka).
II Party :
The Regional Manager, Union Bank of India, Riwiwar Pet, BHI GAUM (Karnataka).
4*39APPEARANCES :
I Parly : B. K. Joshi, Advocate. II Party : K. R. Anand, Advocate.
AWARD
1. The Central Government by exercising the powers conferred by Clause (d) of Sab- section (J) and Sub-section 2A of Section 10 of the Industrial Disputes Act, 1947 has referred this dispute vide Order No. L-120121 327I87-D.II(A) dated 22-03-1988 for adjudi- cation on the following schedule.
duggi, Mini deposit Collector Agent the I party has committed fraud. During investigation fraud was detected. The 1 party gave a confes- sion to the effect that he frkduerrtley with- drawn amount for purchasing an Ambassadar car along with one Babu. Domestic En- quiry was held and the enquiry is fair and pro- per.
SCHEDULE
"Whether the action of the management of Union Bank of India in dismiss- ing from service Shri Babu Mahade- vappa Andani is justified ? If not, to what relief is the workman en titled ?"
2. 1 party was working with the II party. He was dismissed from service and therefore Industrial Dispute is raised.
3. When the reference was received noiice-. were sent to parties. Parties appeared and filed claim statement and counter statement was filed.
4. The case of the 1 party JS ihal he joiiuii the services of the II party as peon and work cd at Gokak from 1967 to 1974- thereafi?r he was transferred to Bel gaum and then to Hebar branch at Bclgaum. He was charged willi the allegation of misappropriation of the amount of the customer of the Bank with ihe collision if Pigmy Agent Shri S'lblv^1^ Bhimappa Hidaduggi, Charge Sheet was issued. Enquiry was held and he was dis- missed.
9. It is the further case of the manage- ment is that the dismissal order is correct. It is seen from the records that this court by its order dated 13-5-94 held that the Domes- tic enquiry held by the management is illegal and opposed to principles of natural justice and Domestic Enquiry was set aside.
10. Thereafter the case was posted for evi- dence of the management to prove the mis- conduct. It is seen from the records that with the consent, on 10-8-99 documents were marked as Ex. 38 to 43. I party has submitted that he has no evidence. There- after the matter was posted for arguments. It is seen from the records that the manage- ment filed application to recall the order of the court for having posted the matter for arguments. That request was granted and <.hancc was given to lead evidence. This was on 23-8-99, thereafter management has not examined the wimesses and that on 5-7-2001 evidence was closed at IJubli Camp. There- after official was present and, filed application to call for the documents. That application h dismissed I have heard 1 party. The I party has filed written arguments. It is seen from the records that with the consent of the parties 'ill the documents were marked- and the matter w;*s posted for arguments, with this no purpose will be served if atrain the matter is adjourned for leading evidence, but still tlv management has not lead anv evidence.
II. I have carefully gone through rh? written arguments of the I partv. I have also stricMy scrutinised all the relevant records.
4440 THE GAZETTE OF INDIA : AUGUST 18, 2001/SRAVANA 27, 1923 |P\ur II—SEC. 3(H)JORDER
Reference is party allowed. The manage- went is directed to reinstate the I party with continuity of service from the date of dis- missal. In the Riven circumstances back wages are not allowed.
(Dictated to the L.D.C. transcribed by him, corrected and signed by me on 5th July, 2001).
V. N. KULKARN1. Presiding Officer New Delhi, the 24th July- 2001 S.O. 2138.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby pub- lishes the award of the Central Govcrnineni Industrial Tribunal [Labour Court, Bancalore as shown in the annexurc in the Industrial Dispute between the employers in relation to the management of Andhra Bank and their workman, which was received bv the Central Government on 23-7-2001.
fNo. L-12012l342l92-TR(B-II)l C. GANGADHARAN, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INUDSTRIAL TRIBUNAL-CUM-L ABQT JR COURT
"Shram Sadan"7,
G. G. Palya, Tumkur Road, Yeshwantpur, Bangalore-560022.
Dated : 9th July, 2001
PRESENT :
Hon'ble V. N. Kulkarni- Presiding Officer C.R. No. 9|93
T Party :
The General Secretary, Hubli Dharwad Bank Employees, Association, C]o. S B M Emp. Union, Lamington Road, HUBLI-580020.
II Party :
The General Manager, Andhra Bank, Central Office, P.B. NO. 519, HYDERABAD-500195.
Appearances :
I Party : R. Nagcndra Naik, Advocate. II Party : Pradeep S. Sawkar, Advocate.
AWARD
1. The Central Government by exercising the powers conferred by 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 Orded No. L-120J 2| 342I92-IR(B-II) dated 02-02-1993 for ad- judication on the following schedule.
SCHEDULE
"Whether the management of Andhra Bank is justified in imposing the punishment of stoppage of two in- crements dur to Sri M. S. Dastagir, for the year 1989 and 1990 ? Tf not, to what relief the workman is en- titled ?"
2. I party is present in person. II party counsel is prescnf. This is a disoute refered bv the Central Government.
3. During the pendency of the proceedings, the I portv has filed memo saving thot he has tiken Voluntary Retirement and he does not press this reference.
4. In view of the memo. T pass the follow- in" order.
ORDER
Reference is disposed of as no^ pressed. (DictitH for the L.D.C. transcribed bv him. corrected and s'srned by me on 9th July 2001).
V. N KULKARNT. Presiding Officer Printed by the Manager, Govt. of India Presi, Ring Rond, New Deihi-110064 and Published by the Controller of Publications, Delhi-110054, 2001