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

PUBLISHED BY AUTHORITY

No. 38] NEW DELHI, SATURDAY, SEPTEMBER, 22, 2001/BHADRA, 31 ,1923 Separate Paging is given to this Part in order that it may bo filed as a separate compilation

PART II —Section 3—Sub-Section (ii)

Statutory Orders and Notifications Issued by the Ministries of the Government of India

(other than the Ministry of Defence)

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION

(Department of Personnel &. Training) New Delhi, the 3rd September, 2001

S.O. 2433.—In exercise of the powers conferred by sub-section (8) of Section 24 of the Code of 2804 GI/2001 —1

(5101)510: THE GAZFTTF OF INDTA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART 11—SEC. 3(ii)] of rases instilut'-d by Di-lhi Special Police tslfblis"'⁷ menl in the CouUs of Magistrates in ary Statr or Union Torritoiy to whi'h tin pn visic i>'. (1'111 afore- said section apply.

S/Sh.

(1) Raja n Dahiya

(2) S. N. Pathak

(3) Shiv Charan Mecna

Criminal Procedure-, l<>73 (Ad No. 2 of 1974), the Central Govt,rrivu nt hep t^ ippoints the following Prosecuting Office's of th^ Ce.it.. I Bu eau o(" I nv ti- gation as Special public Prosecutors- foi tin e n d va of cases instituted by Delhi £p. < i.'M Police- F.lab'ish- ment in the cou'ts and iippcal'/ri'vi-inii'j .^, otln r matters aii-ing on¹ "f these CUM-, in rcvisional o> appellate court-, er'abli'-hcd by U'w in any State or Union Territory to w!ii' h the provisions of the afoie- said section apply.

(4) Vivek Saxcna

(5) K, P. Abdul Rasheed

S/Sh.

(1) V ijay K v ma r S h n r m .i

[ No. 225/1/2000-AVD-N (ii) ] HARI SINGH, Under Secy.

(2) Gul Asnani

(3) Smt. K. R. Bi.m FMm

(4) Bha^iuan S.

(5) Ram Svvaroop M -.na

(6) B. L. Meena

('/) R . C . R ao

(8) Aja7 Hussair- Khan

(9) M. V. Dinakar

[No. 225/1/2000-AVD.II (i)]

HARl SINGH Under Secy.

New Delhi, iht 12th September, 2001 New Delhi, the 3rd September, 2001

S.O. 2434.—Til exercise of the powii> conf Tfi <.' by subsection (1A) i,f Section 25 of the Code of Criminal Prctvdure, 1973 (\d No. 2 of 1974), the Central Govijimcnt hereby appoints the following Prosecuting Office of the C'.-nfal Bureau of Invest i- pation as Assistant Public Prosccu'urr, for the ' o rd

INo 228/41 /20O1-AVD-IT1 HARI SINGH, Under Sccv.

5103

New Delhi, the 12th September, 2001 S.O 243b.—In exercise ui tin pov/crs conferred bv sub- jection (1) of Section ? itvd wilh Section 6 of the Delhi Special Police Establishment Act, ly4b (Act No. 25 of 1946), tue Ccntial Government with the consent of the State Govetn- ment of Kjrnaiak.i vide iiutiK\ilion No. HD 64 PCR 2001. dated 21-5-20UI, heieby extends I he poweis and iunsdiction of I ho nl. mheis ot the Delhi Special Police listablishment to the whole of the State ot k.iir^t.ika foi investigation of olTenccs punishable under sections 120B lead with 420 of 1'idian Penal Code, .i860 and section 13(2) lead with 13(1 Kd> uf the Pre\cntion of Coniipiion Act, 1988, and attempts, al-elmentij and conspiracy in lel.ilioi; to or in connection with one of inoic of ihe offence mentioned above and any othei olf:ncr and ufUncc' committed in the course of the same tians.r>etion oi nriMiic out of the ",imc facts g a i n st (I) Shu M. Rajasiiekaiaii. Income T.,\ Officer (5)(3), Jllrd Floor Central Re A-me (Annexe) Buildine, Queen's Road, Bannalore. (2) Shii N. Srinivasa Mnrlliy. No. 732/15, Pipeline Road, •Veshwmirliapiii, B u i t ^ ' o i e, (J) Shil S. Seshadii, No. 732/15. Pipeline Road, YesliWanil vpur, Bangalore, (4) Miss. Fnnva- vathi, No 732/15, Pipeline Road, Ycshwanthapui, Bangalore and (5) Shri A Hhnskar.m, Chartered Accountant, HanRHlore and any other public scivams or person registered with DSPI" CBI/ACB U.mpaloie vide RC 15(A)/2001-BLR.

[No. 228/60 2001-AVD-Il(i)l

HARI SINGH, Under Secv Ni-w Delhi, the 12th September, 2001

S O. 2437.—Jn exeiu-e ot fie powers conferred by sub- section (J) of Section ? read witn Section 6 of the Delhi Special Police 1 stablishmenl Aet 1946 (Act No. 25 of 1946), the tenii.il Cin\einment wilh the consent of the Stale Govern- ment of Karn.it i! ,i w'Je iiotifiuitim No. HD 92 PCR 2001, d a kd 21 5 2D0I. heiehy extend, (lie powers and jurisdiction ol ih.L- raiinlwii ol th'- Uslln Special Police Establishment to th.- 'Ahole of the State of Kair.alfjka for investigation of ollunces pi nislu/hle under Section, 120B, lead wilh 420 ot Indian IMial t o d u, 1 KM) and Section 13(2) read with 13(l,)(d) if tlio P i i v e n t ' oi of Loiuiptioii Act, 1988, and attempts, dbetme'its and conspaacy in relalion to or in connection with one ui moie oi the offence meniioned above and any other L.tlenee and offence, committed in the course of the same iiuiisat-liun oi ari'ins; mil of the vame facts afiainst Shu H. P. Njsji.ilkar, Divisional Ennineei (Telecom), Bidar Division, J3id.ii, {2) Shi i Snthjuntirayii'ia, Accounts Officer, Telecom. Did.ii Division, (3) Sim Vitlal Ranjcii, Sub Divisional Bnjjineer, Ilidai, (4) Shi, S.itish k u m . n, No. 12-7-110/1/2, O P D. I I MS 1.1 Hostel, No. 1, New MethURiida, SfcundLi.ibad-500017 (Pvt. Person) rtpi esenting the following fi i in •> (i) M 's Swalhi JT.IHL-I ptr.es, Hyderabad (it) M / s. Uma 1 nfeipuses, Ilydeiabnd On) M / s. Vasu EnginceiinK Works, Hydeiahad dv) M's, Pliairuvasvvamy Tiddinp Co., Hyderabad and ,in> other public ser^nits of person refiistered with DSPI 'CM ACB 'Jlangaloie vide RC. 18(A)/200J-BLR.

[No., 228/fi0/2001-AVD-II(ii)l HA til SINGH, Undej- Secy.

5104 THE GAZETTE OF INDIA : SEPTF.MDER 22, 2001/BHADRA 31, 1923 [PART II—SFC. 3(ii)]

New Delhi, the 12th September, 2001 New Delhi, the J2th Septembei, 2001

S.O. 24_VJ,— In e>.e:cisc ui tlie powers confeired by sub- section (1) of Section 5 read wjth Section 6 of the Delhi Spocial Police Establishment Act, 1946 (Act No. 25 of 1946), the Cential Government with the consent of the St-'te Gov- ernment of Karnatak i vide notification No. HD 116 PCR 2001, dated 9th July 2001, hereby extends the poweis and jurisdic- tion of the members of the Delhi Special police Establishment to the whole of the State of Karnataka for investigation of offences punishable unde Sscction 13(2) read with 13(1)fc) of the Pievention of Corruption Act, 19X8, and attempts, abetments and conspiracy in relation to -">r in connection with OTIC or more of the offence mentioned above and any other offences and offences committed in ihc couisc of the •ime tiansnetion or nrising out of the ,aine tacts against fl) Siiyulhs MX. Abiol, S|o Parasuram Abrol, Staff No. 3792528, Deputy General Manager, Bhnrath Heavv ElectricuK I imited, Industrial Systems Gioup, E&C Division, Bangalore and any other public servants or peison registcicj with DSPE|CBI| ACBIBangalore vide RC 22(A)|2001-BLR.

j'No. 22ri|60'200!-AVD-TI(iv)]

HARI SINGH, Undei Secy.

S.O, 2438.—In c/eiuse o! Ihc powers contened hy sub- section (1) of section 5 read with section 6 of the Delhi Spccml police Establishment Act, 1946 (Act No. 25 of 1946), the Central Government with the consent of the State Gov- ernment of Karnataka vide notification No. HD 84 PCK 2001, dated 21-5-2001, heiehy extends the powers and juris- diction of the members of the Delhi Special Police Est^blish- mant to the whole of the State of Kamalaka for investiga- tion of offences punishable under section 120B read with 420, 468 and 471 of Indian Penal Code, 1860 and section 13(2) read with 13(1 )(d) of the Pievention of Corruption Act, 1988, and attempts, abetments and conspiracy in relation to or in connection with one or moro of the offence men- tioned above and any other offence ind offences committed in the couisc of the same ttansaction v>i arising out of the same facts against Shri M.S. Setharamn Rao, Asstt. General Manager, State Bank of Mysore, Bangalore Branch, Banga- lore, (2) Shri K. Jagannathan, Asstt. Geni/ial Manager, State Bank of Mysoie, Bangalore Bianch, Bangalore (3) Shri M.S. Suriyanarayana Rao, Chief Manager (C&l), State Bank of Mysore, Nehru Place Branch, Bangalore (A) Shri T.R. Subbu Ramu, Manager, State Bank oi Mysore, Bangalore Branch, Bangalore (5) Shri M.S.A. Alecm, Chairman and Managing Director M|s. Flora International Ltd., 38, I Floor, IN Cross, Victoria Layout, Bangalore and any other public servants or person resigned with DSPElCBFiACBlBanniloie vMe RC.19(A)|2001-BLR.

[NIL 228/60/20fll-AVD-Ilfiii)l

HARI SINGH, Under Secy,5105 New Delhi, the 14lh Septembei, 2001 S.O. 2440,—In L-.xcicr.e of tt'e puwers conferred bv sub- section (8) Of Section 24 of the Code ol Criminal Proce- dure 1973 (Act No. 2 of 1974), the f'eniuil Government heieby appoints Shri T.P. Sinha, Advocate as Special Public Prosecutor ior conducting I'lujucution of cases RC-2/87 (CC No. 6|99), 2|87 (CC No. 144|99), BC-I. 2, 4 and 8|86, RC-3/90 and Rt -2 90-STU(X) filed in the court of Special Judge, Delhi and appeals revisions in ilic appellate or re- visional court and any other matter connected therewith or incidental thereto in any other Court.

fNo. 225|30|2000-AVD,TI] HARl SINGH Under Secy.

New Delhi, the 14th September 2001 SO, 244J.—In eAeicise i.f the powers confencd bv sub- section (8) of Section 24 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), the Central Government heieby ippoint'j Shri Knkch Kumar, Advocate, Palna as Special Public Piosecutnr foi conducting Case No, RC-4(S)|99-CBI| SIC,lV|Ncw Delhi (.Murder case of Shri Brij Behnri Prasad, 'nritifi- MiiiLtfr of Ilihai) in thr Court of Special Judicial MaKi'stratc, CBI Comt of Distt. and Sessions Jud(/c|Addl. Sefisions Judge, Patna nnd appeals, revisions in the appellate or revisional Court and any other matter confined therewith or incidental thereto.

I'NO. 22?|5^|2001-AVD. II |

HARI SINGH, Under Secy.

MINISTRY OF FINANCE

(Department of Revenue)

ORDER

New Delhi, the 20th A-ugus4, 2001

STAMPS

S. O. ?442.—In exercise ol the powers conferred by clause (b) of sub-section (I) of Section 9 of the Indian SUmp Act, 1899 (2 oJ J899), the Central Government hereby permits Housing & Urban Development Corporation Ltd New Delhi to pay consolidated stamp duly of rupees one crore eight lakh hi'ty thousand only chargeable on account oJ the stamp duty on bond-, described as :

(a) 8.25 °0 Tax Five HUDCO Bonds Series XV1I-C in the nature of promissory notes bearing distinctive numbers from 9151 to 10000 aggregating to rupees eight crore fifty lakh only; and

(b) 10.65 ";, Taxable 2001 HUDCO Bonds Series SO-I bearing distinctive numbers from 1 to 10000 aggregating to rupees one hundred crore only ;

to be issued by the said Corporation.

|No. 36/2O0l-STAMPS'F. No. 3V47/20O1-ST] R G. CIIHABR/V Urjdci Sec\5106 THE GAZETTE OF INDIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART IT—SEC. 3(ii)] (a) APPFCL Non-Convertible and Redeemable Bonds (Series-1/2000) in the nature o^ Debentures of rupees one lakh each aggre- gating to rupees three hundred fifty six crore ninety seven lakh only;

(b) APPFCL Non-Convertible and Redeemable Bonds (Series-1/2001J in the nature of Debentures of rupees one lakh each aggregating to rupees four hundred thirty three crore fifty six lakh only ;

(c) APPFCL Non-Convertible and Redeemable Bonds (Series-2/2000) in the nature of Debentures of rupees one lakh each aggregating to rupees five hundred five crore sixty two lakh only ; and

(d) APPFCL Non-Convertible and Redeemable Bonds (Series-2/2001) in the nature of Debentures oi' rupees one lakh each aggregating to rupees one thousand three hundred five crore eighteen lakh only, to be issued by the said Corporation.

[No. 40/2001-STAMPS/F. No. 33/51/2001-ST]

R. G. CHHABRA, Under Secy.

ORDER

New Delhi, the 23id August, 2001

ORDER

STAMPS

New Delhi, the 23rd August, 2001

STAMPS

S. O 2444. —In exercise of the powers conferred by clause (b) of sub-section (1) of section 9 of the

li.dian Stamp Act, 1899 (2 of 1899), the Central

Government hereby permits Corporation ol Madurai Lo pay consolidated stamp duty of rupees twenty one lakh seventy five thousjnJ only chargeable on iicnunl of ilu stirrn duly on bjuJs S. O. 2443.- In exercise of the powers con- ferred by clause (b) of sub-section (1) of Section 9 of the Indian Stamp Act, 1899 (2 of 1899), the Central Government hereby permits Andhra Pradesh Power Finance Corporation Limited, Hyderabad to pay consolidated stamp duty of rupees nineteen crore fifty lakh ninety nine thousand seven hundred fifty only ch.n table on account of the stamp duty on bonds described as :

5107

described as Non-Con\crtible RcdecmabJe Bonds in the nature of Debentures of rupees one lakh each aggregating to rupees twenty nine crore only to be issued by the said Corporalion

[No, 39/2001-STAMI'S/F. No 33/50/2001 -ST]

R. G. CHHABRA, Under Secy.

ORDER

New DeJhi, the 23rd August, 2001

STAMPS

S. O. 1.445 .—In exercise ot the powers con- Icrred by clause (b) of sub-section (1) oi section 9 of the Indian Stamp Act, 1899 (2 ol 1899), the Central Government hereby permits Indian Overseas Bank, Chennai lo pay consolidated stamp duty of rupees fifty wo lakh forty seven thousand four hundred forty only chargeable on account of the stamp duty on bonds in the nature of Promissory Notes described as IOB VRS 2000 Unsecured Redeemable Bonds-Ilnd Series bearing distincti\c numbers from 000001 to 524744 of rupees one thousand each aggregating to rupees fifty two crore forty seven lakh forty four thousand only, to be issued by the said Bank.

[No. 38 2001-STAMPS/F. No. 33y 49/2001 -SI]

R. G. CHHABRA, Under Seey.

5108 THF GAZETTE OF INDIA : SEPTEMBER 22. 2001/BHADRA 31, J923 [PART II—Snc. 3(ii)1

ORDER

New Delhi, the 31st August, 2001

STAMPS

S.O. 2446.—In exercise of the powers conferred by clause (b) of sub-section (1) of section 9 of the Indian Stamp Act, 1899 (2 of 1899), the Central Government hereby permits Power Finance Corpo- ration Limited, New Delhi to pay consolidated stamp duty of rupees nineteen crorc fifty lakh three thousand seven hundred fifty only chargeable on account of the stump duty on bonds described as :—

(a) ) 1.89% Taxable Unsecured Redeemable Non- Convertible Bonds—2007 (VU-Suries) in the nature of Debentures bearing distinctive . numbers from 00000001 to 00111377 of rupees one lakh each aggregating to rupees one thousand one hundred thirteen crore seventy seven lakh only;

(b) 11.30% Taxable Unsecured Redeemable Non-Convertible Bonds—2008 (VIII-Ser;es) in thr- nature of Debentures bearing distinctive numbers from 00000001 to 00045175 of rupees one lakh each aggregating to rupees four hundred fifty one crorcs seventy five lakh only;

(c) 13.85% Taxable Unsecured Redeemable Non-Convertible Bonds (III-Se'ics—2009) in the nature of Debentures bearing distinctive numbers from 00000001 to 00016215 of rupees on lakh each aggregating to rupees one hundred sixty two crorcs fifteen lakh only;

(d) 12.75",', Unsecured Redeemable Non-Conver- tible Infrastructure Bonds (2003)—Second Series in the nature of Debentures bearing distinctive numbers from 00000001 to 00010000 of rupees one lakh each aggrega- ting to rupees one hundred crore only;

(e) 8.70% Tax Free Unsecured Redeemable Non-Convertible Bords C009)—II Series (Trench I and II) in the nature of Debentures bearing distinctive numbeis from 00000001 fo 00007500 of rupees one lakh each aggrega- ting to rupees seventy five crore only;' (f) II .90% Taxable Unsecured Redeemable Non- Convertible Bunds (2007)—IVth Series in the nature of Debentures bearnig distinctive num- ber from 00000001 to 00028100 of rupees one lakh each aggregating to rupees two hundred eighty one crore only;

(g) 11- 20% Taxable Unsecured Redeemable Non- Convertible Bonds (2007—V Scries) in the nature of Debentures bearing distinctive num- bers fro-m 00000001 lo 00002516 of rupees one lakh each aggicgating to rupees two hundred fifty one crore sixty lakh only;

(h) 8.20% Tax Free Unsecured Redeemable Non- Conveitible Bonds (2010)—Illrd Scries in the nature of Debentures bearing distinctive num- bers from 00000001 to 00005000 of rupees one lakh each aggregating to rupees fifty crorcs only; and

(i) 10.68% Taxable Unsecured Redeemable Non- Convertible Bonds (2007)—Vlth Scries in the nature of Debenture bearing distinctive num- bers from 00000001 to 00011478 of rupees one lakh each aggregating to rupees one hundred fourteen crore seventy eight lakh only;

to be issued by the said Corporation.

[No. 41/2001-STAMPS/F. No. 33/32/ 2001-ST] R. G. CHHABRA, Under Secy.

5109

ORDER

New Delhi, the 5th September, 2001

STAMPS

S.O. "'447. -In exercise of I ho powers confVried by clause (b) of sub-S' ction (I) of Section 9 of the Tnduui Slump Act, 1899 (2 of 189?), the Central Government hereby permits National Capital Region Planning B;>ard, New Delhi to pay consolidated stamp duty of rupees one crore fifty two lakh forty thousand only on Non-Convertible Unsecured Redeemable Taxable Bonds (2008) Series in the nature of Promi- ssory Nntts bearing distinctive numbers from 1 to 3048 of lLLpt-cs five lakh each aggregating to rupees one hundred fifty two cron. foity lakh only to be issued by the snid Board.

[No. 42/2001--STAMPS/F. No. 33/53/2001-ST ]

R, G. CHHABRA, Under Secy.

(Department of Ecnomic Affairs)

(Banking Division)

New Delhi, the 28th August. 2001 New Delhi, the 7th September, 2001

S.O. 2449.—In exercise of the powers conferred by clause (h) of sub-section (3) and 3(A) of Section 9 of the Banking Com- panies (Acquisition and Transfer of Under- taking) Act. 1970 read with sub-clause ( J) of Clause 3 of the Nationalised Banks (Management & Miscellaneous Provisions) Scheme, 1970, the Central Government hereby nominate Shri Yashwant Purshottam alia Nana Mone, K 3, Tirupathi Apartments, 2nd floor, Flat No. 201, Opp. Corporation Bank, Artand Nagar, Dahisar (East), MumbaU 400068- as part-time non-official director of Central Bank of India for a period of three years commencing on 28th August, 2001.

[F. No. 9H7!2000-B.O.Ui)] RAMESH CHAND, Under S<*cv.

S.O. 2448.—Tn pursuance of sub-rule (4) of rule ]0 of the Official Language (use for official purposes of the Union) Rules, 1976, the Central Government hereby notifies the following office under Poard of Central Excise & Customs of Department of Revenue, the Staff whereof have acquired the working know- ledge of Hindi.

Office of the Commissioner of Central Excise,

Delhi-II, Block "D'\

C.G.O. Complex, N.H, 4,

Faridabad.

[F, No. E— 11017/9/2001-Hindi-IV]

PRASHANT MEHTA. Jt. ft™

2S04 GI 2W1—2.

5110 THE GAZETTE OF INDIA : SEPTEMBER 22. 2001/BHADRA 31, 1923 [PART II—SEC. 3(ii)]

tycw Delhi, the 28th August, 2001 S.O. 2450.—In exercise of the powers conferred by clause (h) of sub-section (3) and 3(A) of Section 9 of the Banking Com- panies (Acquisition and Transfer of Under- taking) Act. 1970 read with sub-clause (J) of Clause 3 of the Nationalised Banks (Management & Miscellaneous Provisions) Scheme. 1970. the Central Government hereby nominate Shri Ashutosh Tandon alias Gopal Tandon, 64, Sondhi Tola, Chowk, Lucknow- 226003 as part-time non-official director of Uni"n Bank of India for a period of three year*; commencing on 28th August 2001.

[F. No. Qin^ooo-B.o.i.nnj RAMESH CHAND, Under Secy.

New Delhi, the 28th August, 2001 S.O. 2451.—In exercise of the powers conferred by clause (h) of sub-section (3) and 3(A) of Section 9 of the Banking Com panics (Acquisition and Transfer of Under- taking) Act, 1970 read with sub-clause (1) of Clause 3 of the Nationalised Banks (Management & Miscellaneous Provisions) Scheme, 1970, the Central Government hereby nominate Shri Nimmakayala China Rajappa, Agriculturist. Pedagadavalli, Uppalaguptham Mandal, EG Distt. A. P. as part-time non- official director of Canara Bank for a period of three years commencing on 28th Amulet, 2001.

[F. No. 9'1712000-B.O.niii)!

RAMESH CHAND, Under Secy New Delhi, the 28th August, 2001 S.O. 2452.—In exercise of the powers conferred by clause (h) of sub-section (3) and 3(A) of Section 9 of the Banking Com- panies (Acquisition and Transfer of Under- taking) Act, 1970 read with sub-clause (1) of Clause 3 of the Nationalised Banks (Management & Miscellaneous Provisions) Scheme, 1970, the Central Government, hereby nominate Shri Bhupatiraju Subbaraju, Culti- vator, 50-52-15 [4, Seetainma dara (NE), Vizag Distt. A. P. as part-time non-official director of Allahabad Bank for a period of three years commencing on 28th August, 2001.

[F. No. 9|17[2000-B.O.I.(iv11 RAMESH CHAND, Under Secy.

ORDER

New Delhi, the 4th Scp'cmbcr, 2001 S.O. 2453.-—Government have decided that Shri Shekhar Agar^ al, J'oint Secretaty, Ministry of Finance Department of Economic Affairs, Banking Division, New Delhi will hold current charge of the post of Chairman and Managing Director, National Housing Bank, in additioti to his own duties, with effect from 4th September, 2001 (afternoon) and until further orders.

[F. No. 7|5|2001-BO.I1

RAMESH CHAND, Under S?cy.

5111

Now Delhi, the 10th September, 2001 S.O. 2454.—In exercise of the powers conferred by Section 53 of the Banking Regulations Act, 1949 (10 of 1949) the Central Government, on the recom- mendation of the Reserve Bank of Tndia, hereby dec- lares that the provisions of Sub-section 2 of Section 19 of the said Act shall not apply to the United Bank of India Kolkata for a period upto 15th March, 2003, in so far as they relate to its holding of the shares of M/s. Sterling Pharmaceuticals Products Co. (P) Ltd. in cxess of 30% of the paid up share capital of the company as pledgee,

[F. No. 15/10/96-BOA] D. CHOUDHURY, Under Sec. New Delhi, ihc 12th September, 2001 S.O. 2455.—In exercise of the powers conferred by Section 53 of the Banking Regulation Act, 1949 (AACS) read with Section 56 of the Banking Regu- lation Ad, 1949 (10 of 1949), the Central Govern- ment on recommendation of the Reserve Bank of India, heicby ikclarc^ that the pi visions of sub- section (1) of Section 11 of the Bank ig Regulation Act, 1949 (AACS) shall not apply to the Puri Urban Co-operative B:*nk Ltd., Fun for the period from the date of publication (,<(' this notification in the Gazette of Tndia to 31 March 2002.

[F. No. I(I9)/200I-AC]

L. C. TORA, Under Secy. (AC) MINISTRY OF HHALTH & FAMILY WELFARE (Department of Health)

New Delhi, the 5th September, 2001 S.O. 7456.—Whereas medical qualification M.B.B.S. granted by University of London is a recog- nised medical qualification for the purpose of tho Indian Medical Council Act, 1956 (102 of 1956) under Section 14 of the said Act;

And whereas. Dr. Kirsten Reed who possess the said qualification is attached to CEHAT Roscarch Centre of Anusandhan Trust, Mumbai, for the purpose of charitable work and not for personal gain;

5112 IKE GAZE! IB OF J^DIA : SEPlEMBER 22. 2001/BHADRA 31, 1923 [PARF II—SEC. 3(ii)J

Now, therefore, in pursuance of clause (c) of sub- scclion (1) of The Section 14 of the said Act, the Central Government hereby specifies that the period of practice of medicine by Dr. Kirsten Reed in India shall be limited to :

(a) a period of one year from the date of issue of this oidcr, cr

(b) the period during which Dr. Kirsten Reed is attached to CEHAT Research Centre of Anusandhan Trust, Mumbai, whichever is shorter.

[No. V-l 1016/1/2001, ME (Policy-I) ] P. G. KALADHARAN, Under Secy.

New Delhi, the 5th September, 2001 Sai institute of Higher Medical Sciences, Prashanti- gram for the purpose of charitable work and not for personal gain;

Now, therefore, in pursuance of clause (c) of sub- section (1) of the Section 14 of the said Act, the Central Government hereby specified that the period of practice of medicine by Dr. (Mrs.) Meenakshi Chintapalli and Dr. Kedamath Chintapalli in India shall be limited to :

(a) a period of one year from the date of issue of this order, or

1 J>. Kedarnath Ghintapalli arc attached to Sri Sathya Sai Jnstituto of Higher Medical Sciences, Prashun- tigram, whichever is shorter.

[No. V-l 1016/1/2001 ME-(Policy-l)] P. G. KALADHARAN, Under Secy.

(5. 4t 11015/8/2001-mT.i (*ftfr-l)]

S.O. 2457.—Whereas medical qualification M.B.B.S. granted by Osmania University and Andhra University are recognised medical qualifications for the purpose of the Indian Medical Council Act, 1956 (102 of 1956) under Section 14 of the said Act; And whereas Dr. (Mrs.) Meenakshi Chinuipulli iind Dr. Kednmath Chinlapalli who prwsess Iho said qualifications respectively arc attached to S u Fuhja New Delhi, the 5th September, 2001 S.O. 2458.—In exercise of the powers conferred by sub-section (2) of the section 11 of the Indian Medical Council Act, 1956 (102 of 1956), the Cen- tral Government, after consultation with the Medi- cal Council of India!, hereby makes the following5113 further amendments in ihe First Schedule to the said Act, namely:—

In the said First Schedule, against the Sher-I- Kashmir Instt. of Medical Sciences, Srinagar under the heading "Recognised Medical Qualification', after the entry, 'Doctor of Medicine (Radio-Therapy)'and the entry relating thereto under the heading 'Abbrevia- tion', the following entries shall be inserted, namely:

Recognised Medical Abbreviation Qualification

"Bachelor of Medicine M.B.B.S. and Bachelor of Surgery

(This qualification shall be a recognised medical qualification when granted in or

after April, 2001)".

LV. H015|8!200l-ME(Policy-T)]

P. G. KALADHARAN, Under Secy.

5114 THE GAZETTE OF INDIA. : SEPTEMBER 22, 2OOI/BHADRA 31, 1923 [PART II—SEC. 3(ii)] 4 MINISTRY OF INFORMATION V 4 ) FROADCAST1NG

New Delhi, the 24th March. 2001

S.O. 2459.—In exercise of the powers conferred by ^ub-seciion (I) of Section 5 of the Cinematograph Act, 1952 (37 of 1952) read with rules 7 ar.d 8 of the Cinematograph (Certification) Rules, 1983 and ir supersession of this Ministry's earlier Notifications on the subject, the Central Government is pleased to reconstitute the Chcnnai advisory panel of the Central Board of Film Certification and to appoint the following persons a^ members of the said panel with immediate effect for a period of two years or until further orders, whichever is earlier :

44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67.

Shri Murugesan Shri B.S. Manibarathi Smt. Dr. Mathanki Ramakrishna Smt. Chandra Devi Thanikachalam Smt. Arasu Manimckalai Smt. C. Prema Kumar Smt. Dr. Shanti Naganathan Smt. Bhanumathi Baskaran Smt. Dr. Jaya Sridriar Shri AVM Saravanan Shri Sa. Ganesan Dr. M.P. Balasubramaniam Dr. Erode Tamizhanban Shri S.P. Sivaprakasam Shri Parithi Elamvazhuthi Shri Ela. Ganesan Dr. Ramaswamy Salari Shri R. Shaurirajan Shri Manakkal Rangrajan Shri K..M. Adimootam Shri C. Dakshiramurthy Smt. Sudherani Raghupathi Dr. Padma Subramanyam Smt. Indira Nair Shri Suthish

[F. No. 809/5/2000-F(C)]

RAJESH SHARMA, Desk Officer 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

15. 16. 17. 18. J9. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42.

Dr. K. Malti Shri P. Varatharaj Smt. Sowmithra Dr. Nallkuppu Ms. Sriram Perjera Smt. Swami Raja Smt. Indumali Smt. Kausalyu Jwahar Smt. Susheela Padmanabhan Smt. Latha Sriram Shri A, V. Srinivas Smt. Laxmi Raja Ram Smt. Nila Smt. Ms. T. Shoba Ms. Chanda M. Walke Ms. S. Divya Shri V. A. K. Ranga Rao Smt. Vani Jairam Shri K. Swaminathan Dr. S. Murugamani Shri T. Thirumaran R. Balasubramanian Shri Sv. Rm. Ramamuhan Shri K. Dhananjeyan Shri A. Venkat Rao Shri Pon. Tamil Mani Shri K. Karmcgam Smt. Sujatha Rao Shri V. Elumalai Shri S, Sundaramurthy Shri M. Jaishankar Smt. Lalitha Subash Ra. Rajasimhan Smt. Jaya Ranganathan Smt. E. Jamuna Smt. Swarnalatha Smt. S. Amutha Smt. Kowsalya Gopi Smt. Jayaprada Smt. Parimala Shri P.S. Kanagaiaj Shri V. Elangovan5115 Smt. Malhka Dr. Ambikatmajar Dr. N.E. Vishwanath Aiycr Prof. C.G. Rajagopal

23. 24. 25. 26.

[F. No. 809/6/2000-F(C)]

RAJFSH SHARMA, Desk Offi cer New Delhi, the 24th March, 2001

S.O.2460. —In exercise of the powers conferred by sub-section (1) of Section 5 of the Cinematograph Act 1952 (37 of 1952) read with rules 7 and 8 of the Cinematograph (Certification) Rules, 1983 and in supersession of this Ministry's earlier Notifications on the subicct, the Central Government is pleased to reconstitute the Thiruvananthapuram advisory panel of the Central Board of Film Certification and to appoint the following persons as members of the said panel with immediate effect for a period of two years or until further orders, whichever is earlier :

Shn Poorapally Ramachandran Nair Smt. Pramela Gopalakrishan

1. 2.

Smt. Usha Rajagopal

3. 4. Smt. Shanta B. Nair

Dr. (Ms.) N.M. Rajalakshmi Smt. Chachamma fssac

5. 6.

7. Smt. Sarah Thomas

8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 1£. 19. 20. 21. 22.

Dr. K. Sukumaran Nair Mr, Balan Shri P. Narayana Kurup Smt. Varada Mcnon Shri S. Anil Shri Sanil Kumar Shri Gopakumar Smt. Nalini Vijayaraghavan Smt. Vimala Menon Shri Sreevraham Baiakrishnan Shri Bahtchandran Shri K.S. Rajan Smt. Radhika Sreekuttan Smt. Sriranjini Smt. Renuka Girijan5116 THE GAZETTF OF INDIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART II—SFX. 3 ( i i )l New Delhi, the 24th March, 2001

New Delhi, the 6th July, 2001 S.O. 2461.—In exercise of the powers conferred by sub-section (1) of section 5 of the Cinematograph Act, 1952 (37 of 1952) read with rules 7 and 8 of the Cinematograph (Certification) Rules, 1983 and in supersession of this Ministry's earlier Notifications on the subject, the Central Government is pleased to reconstitute the Kolkata advisory panel of the Central Board of Film Certification aud to appoint the following persons as members of the said panel with immediate effect for a period of two years or until further orders, whichever is earlier :

S.0.2462.—In continuation of this Ministry's Notification of even number dated 24-03-2001 and in exercise of the powers confcrred.by sub-rsection (1) of Section 5 of the Cinematograph Act, 1952 (37 of 1952) read with rules 7 and 8 of the Cinematograph (Certification) Rules, 1983 and in supersession of this Ministry's earlier Notifications on the subject, the Central Government is pleased to appoint the fol- lowing persons as members of the Chennai advisory panel of the Central Board of Film Certification with immediate effect for a period of the two years or until further orders, whichever is earlier: 1. Shri P. Sundara Pari Pooranan 2. Shri K. Balu

[F. No. 809/5/2000-F(C)] RAJESH SHARMA, Desk Officer Shri Arun Gupta Sint. P.L. Toolsidass Shri Prasun Mukherjce Shri Probir Mukherjee Smt. Shanti Roy Smt. Gaury Choudhury Smt. Neelu Ghosh Smt. Madhu Neotia, Kolkata Smt. Namrata Surekha Shri Samit Kumar Datta Shri Dilip Ghosh Shri Swapan Das Ms. Rakhi Roy Ms. Neela Goswami Ms. Asha Tandon Ms. Recta Tebriwal Ms. Reeta Mukherjee Ms. Debjani Basu Ms. Tapati Mukherjee Shri Devashish Chakravorty Capt. Amalendu Chowdhury Shri Bijay Addhya Shri Bimal Laath Shri Pabitra Kumar Ghosh Shri Vikas Bhattacharya

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.

[F. No. 809/7/20OO-F(C)]

MINISTRY OF COAL & MINES RA.IESH SHARMA, Desk Officer

(Department of Coal)

New Delhi, the 10th September, 2001'

S.O. 2463.—Tn pursuance of sub-rule 4 of the Rule 10 of the Official Language (use for official purposes of the Union) Rules, 1976 the Central Government, hereby^ noti- fies the 'Pathakhera area' of the Western Coal- fields Limited, a subsidiary of Coal India Limited under the Department of CoaL Minis- try of Coal and Mines, whereof more than 80 per cent staff have acquired working knowledge of Hindi.

[No. Erl20191 l|99-Hindi] GAROI MUKHERJF.B, Director5117 ?804 GI/2001—3- "H THE OAZEl'TE OF INDIA SEPTEMBER 22,2001/BHADRA 3 1, 1923 [PART U—SEC. 3(ii)] 5119

MINISTRY OF CONSUMER AFFAIRS AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

BUREAU OF INDIAN STANDARDS

New Delhi, ihc 23*d August, 2001

S.O. 2464.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules 1987, the Bureau of Indian Standards hereby notified that amendments to the Indian Standards, particulars of which are given in the Schedule hereto annexed have been issued :

SCHEDULE

SI No. No & Year of the Indian Standards

No. & Year of the amendment

1. IS 206 : 1992

IS 208 1996

Amendment No. 1, April 2001

IS 281 : 1991

Amendment No. 3, April 2001

IS 294 : 1979

IS 369: 1992

IS 709: 1974

IS 710: 1976

IS 1003 (Pi 2) 1994

IS 1708 (Pi 1 to 18) 1986

Amendment No. 2, April 2001

10.

IS 1852 1985

Amendment No 2, April 2001

IS 2082. 1991

Amendment No 3, April 2001

IS 2148 . 1981

IS 2546- 1974

IS 2569 1978

Amendment No. 4, April 2001

15 IS 2878 1986

IS.1087- 1985

IS 3129 1985

IS 4849: 1992

IS 4859 1968

IS 4927 1992

IS 4948 1974

Date from which the amendment shall have effect

Amendment No 1, April 2001

2001-04-30 2001-04-30 2001-04-30

Amendment No. 1, April 2001

2001-04-30

Amendment No. 2, February 2001

2001-02-28 2001-03-31

Amendment No 1, March 2001

2001-02-28

Amendment No 4, February 2001

2001-03-31

Amendment No. 1, March 2001

2001-04-30 2001-04-30 2001-04-30

Amendment No 5, March 200]

2001-03-31

Amendment No. 2, February 2001

2001-02-28 2001-04-30 2001-01-31

Amendment No 2, January 2001

2001-02-28

Amendment No 6, February 2001

Amendment No. 2, February 2001

2001-02-28 2001-03-31

Amendment No 1, March 2001

2001-03-31

Amendment No. I.March 2001

Amendment No. 2, February 2001

2001-02-28 2001-02-28

Amendment No 2, February 20015120 'HIE GAZETTE OF INDIA SEPTEMBER 22,2001/BI1ADRA 31, 1923 [PART II—SEC. 3001 3 4 1 2

Amendment No. 1, April 2001

IS 5235 : 1992

22.

2001-04-30

Amendment No. 3, February 2001

23.

IS 5290 : 1993

2001-02-28

Amendment No 3, April 2001

IS 5339 : 1978

2001-04-30

Amendment No. 2, February 2001

IS 5382 . 1985

25.

2001-02-28 2001-02-28

Amendment No. 4, February 2001

IS 5383 1978

Amendment No 2, March 2001

IS 5443 1994

2001-03-31

Amendment No 1, March 2(X) 1

IS 5496 . 1991

2001-03-31

Amendment No 2, February 2001

IS 5539. 1969.

2001-02-28 2001-02-28

Amendment No. 1, February 2001

IS 5714 1981

Amendment No. 1, February 2001

37.

IS 7679:.1978

2001-04-30

Amendment No. 1, April 2001

IS 7809 (Part 2) 1977 38

2001-04-30

Amendment No 4, April 2001

IS 7884 : 1992

2001-02-28

Amendment No 1, February 2001

Amendment No. I, April 2001

IS 142X7 1995 2001-02-28

Amendment No. 1, February 2001

IS 14649 1999 595121 Copy of these amendments are available for sale with the Bureau of Indian Standards, Manak Bhavan, 9, Bahadur Shah Zafar Marg, New Delhi-110002 and Regional Offices ; New Delhi, Calcutta, Chandigarh, Chcnnai, Mumbai and also Branch Offices Ahmedabad, Bangalore, Bhopal, Bhubaneshwar, Coimbatore, Guwahati, Hyderabad, Jaipur, Kanpur, Nagpur, Patna, Pune, Thiruvananthapuram.

[No. CMD/13 : 5]

SATISH CHANDER, Addl. Director General5122 THE GAZETTE OF INDIA : SEPTEMBER 22,2001/BHADRA 31, 1923 [PART II—SEC. 3(ii)] 5123

New Delhi, the 23rd August, 2001

S.O. 2465.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the Bureau of Indian Standards hereby notifies that the Indian Standards, particulars of which are given in the Schedule hereto annexed have been established on the date indicated against each :

SCHEDULE

No. & Year of the Indian Standards Established

SI. No

Date of Establishment

No & Year of Indian Standards, if any, Superseded by the New Indian Standard

4 1

IS 538 : 1968

2000-11-30 IS 538 2000—Phenol (Carbolic Add)— Specification (Second Revision)

IS 1150; 1976

2000-10-31 IS 1150 : 2000—Trade Names and Abbreviated Symbols for Timber Species (Third Revision)

IS 1460 : 1995

2000-12-31 IS 1460 : 2000—Diesel Fuels—Specification (Fourth Revision)

IS 2141: 1992

2000-12-31 IS 2141 : 2000—Hot Dip Galvanized Stay Strand Specification (Fourth Revision)5124 THE GAZETTE OF INDIA .SEPTEMBER 22,2001/BHADRA 31, 1923 [PART I t- SEC. 3(ii)] 1 2 3 4 5. IS 2796 . 2000—Motor Gasolines- Specification (Third Revision)

6. IS 4289 (Part 2): 2000—Flexible Cables for Lifts and other Flexible Connections—Specification Part 2 : PVC Insulated Circular Cables 7. IS 8076 : 2000—Frozen Cuttle Fish and Squid- Specification (First Revision)

K 1S 8213 2000—Agricultural Tractor Trailer- Specification (Third Revision)

9. IS 8383 . 2000—Hydraulic Fluid Power- Filler Elements—Verification of Fabrication Integrity and Determination of the First Bubble Point (First Revision)

10. IS 8532 . 2000—Flow Fatigue Characteristics or Oil Hydraulic Filter Elements—Method of Test (First Revision)

11. IS/ISO 9000 2000—Quality Management Systems—Fundamentals and Vocabulary (Second Revision)

12 IS/1 SO 9001 . 2000—Quality Management Systems—Requirements (Second Revision)

n IS 9001 (Part 17/Scc 1): 2000—Guidance for Environmental Testing Part 17 ; Impact Test Section 1 . Shock Test (Test Ea) (First Revision)

14 IS/ISO 9004 2000—Quality Management S> stems—Guidelines for Performance Improvements (Fifth Revision)

15. IS 10117 2000—Code or Practice for Passivation or Stainless Steel Articles, Industrial Equipments and Components Including Pipelines (First Revision)

16. IS 10939 : 2000—Designation System for Tyre Tube Valves for Automotive Vehicles (First Revision)

IS 2796 : 1995

2000-12-31 -—-

2000-12-31 IS 8076: 1976

2000-12-31 IS 8213 : 1987

2000-12-31 IS 8383 : 1974

2000-12-31 IS 8532 : 1977

2000-12-31 IS/ISO 9000: 1994

2000-12-31 IS/ISO 9001 : 1994

2000-12-31

2000-12-31 IS9001(Part 17/Scc. 1): 1985

2000-12-31 IS/ISO 9004 1987

2000-12-31 IS 10117 . 1982

2000-11-30 IS 10939 : 19845125 1 3 4 2 17 IS 10942.2000—Ferrule— Specification (First Revision)

18 IS 12640 (Part 1) • 2000—Residual Current Operated Circuit-Breakers for Household ;ind Similar Uses Part 1 • Circuit-Breakers without Integral Overcurrent Protection (RCCBs)

19 IS 14856 . 2000—Glass Fibre Reinforced Plastic (GRP) Panel Type Door Shutters for Internal Use—Specification

20 IS 14858 2000—Compression Testing Machine used for Testing of Concrete and Mortar— Requirements

21 IS 14859 • 2000—Specification for Hindi (Dcvanagari) Stencil Templates and Pen Tips

22. IS 14872 (Part 1). 2000—Ball Screws Part 1 . Vocabulary and Designation

21 IS 14875 : 2000—Compressed Air Filters— Evaluation Parameters

24 IS 14886 : 2000—Switch Mode Power Supply—Specification

25 IS 14888 : 2000—VSWR Meter- Performance Requirements

26 IS 14889 . 2000—Copper Tamping Powder for Carbon Brushes—Specification 27. IS 14895 2000—Ophthalmic Instruments- Spuds, Foreign Body—Waltons Sizes 1 and 1 5 mm Wide, Stainless Steel—Specification 28 IS 14892 : 2000—Thrcadfin—Fresh and Frozen—Specification

29 IS 14897 : 2000—Glass Bulb Designation System for Lamps—Guide

.10 IS 14899 : 2000—Liquefied Petroleum Gas (LPG) Containers for Automotive Use—Specification IS 10942 : 1984

2000-12-31

2000-10-31 "

2000-11-30

2000-10-31

2000-10-31 —

2000-11-30 —

2000-12-31 —

2000-12-31

2000-12-31 —

Copy of these standards arc available for sale with the Bureau oflndian Standards, Manak Bhavan, 9, Bahadur Shah Zafar Marg. New Delhi-110002 and Regional Offices New Delhi, Calcutta, Chandigarh, Chennai, Mumbai and also Branch Offices Ahmcdabad, Bangalore, Bhopal, Bhubaneshwar, Coimbatore, Guwahati, Hyderabad, Jaipur, Kanpur, Nagpur, Patna, Pune and Thiruvananfhapuram.

2804 GI/2001—4

[No. CMD/13 2J SAT1SH CHANDER, Addl Director General5126 THE OAZETTTi OF INDIA SEPTFMBER 22,2001/BHADRA 31,1923 [PART II—SEC 3(ii)] 5 1 27

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

New Delhi, the 7th September, 2001

S.O. 2466.—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 provi- sions 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 )o render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of Ihc said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Platform Press Scale-type) weighing instrument with digital indication of "0958" sencs of Medium accuracy (Accuracy class III) and with brand name "METTLER TOLEDO" (hereinafter referred to as the model), manufactured by M/s. Mcttler Tolcdco Scales & Systems, 1900, Polaris Parkway, Columbus, Ohio, U S A. and used by M/s l.T.C Limited, ILTD, Chirala-523 157 and which is assigned the approval mark IND/09/2001/70,

The said model (figure given) is a weighing instrument with a maximum capacity of 250 kg and minimum capacity of 2 kg The verification scale interval (e) is 100 g 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 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 5 tonne and with number of verification scale mlcrval(n) in the range of 500 to 10,000 for 'e' value of5g or more and with 'e' value 1 * 10K, 2 * 10K, 5 * 1 0 \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(10)//2001] PA KRISHNAMOORTHY, Director, Legal Metrology5128 TIIE GAZETTE OF INDIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART n -SEC. 3(ii)] 5129

New Delhi, the 7th September, 2001

S.O. 2467.—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 provi- sions 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;

The said model (figure given) is a weighing instrument with a maximum capacity of 250 kg and minimum capacity of 2 kg. The verification scale interval (e) is 100 g. It has a tare device with a 100 per cent subtractivc retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and 50-Hcrtz 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 thai 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 5 tonne and with number of verification scale interval(n) in the range of 500 to 10,000 for 'e' value of 5 g or more and with V value 1 * 10K, 2 x 10K, 5 * 10K, k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model have been manufactured.

[F, No. WM-21(10)/2001] PA. KRISHNAMOORTHY, Director, Legal Metrology5130 THE GAZETTE OF INDIA: SEPTEMBER 22,2001/BIIADRA 31, 1923 [PART II—SEC. 3(ii)] 5131

New Delhi, the 7th September, 2001

S.O. 2468.—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;

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 (e) is 5g. 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 alternate current power supply;

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

[F. No. WM-21(18)//2001] PA. KRISHNAMOORTHY, Director, Legal MetrologySH2 THE GAZETTE OF INDIA SEPTEMBER 22,2001/BHADRA 31, 1923 [PART II—SEC 3(n)] 5133

New Delhi, the 7th September, 2001

S.O. 2469.—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 provi- sions 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;

The said model (figure given) is a weighing instrument with a maximum capacity of 100 kg and minimum capacity of 4()()g The verification scale interval (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 operates on 230 volts and frequency 50-Hcrt/. alternate current power supply,

2804 GI/2001— 55134 Tin: GAZETTE OF INDIA SFPTFVRCR 22.2'K)1 'BHADRA 31, 1923 [PART II—§EC 3(ii)] 5135

New Delhi, the 7th September, 2001

S.O. 2470.—Whereas the Central Government, after considering Ihe 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 provi- sions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rales, 1987 and the said model is likely to maintain its accuracy over peqods 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 hcrepy publishes the certificate of approval of the model of the self-indicating, non-automatic, (Mechanical type personal weighing scale) weighing instrument of "Nikat" series of ordinary accuracy (Accuracy class IV) and with brand name ¹LEAGLE" (hereinafter referred to as the model), manufactured by M/s E.G Kantawalla Private Limited, 28/1, Old Nagar, Mundhwa Road, Damadar Nagar, Off Nagar Road, Kharadi, Pune-411 014 and which is assigned the approval mark IND/09/200I/79:

The said model (figure given) is a non-automatic weighing instrument (Mechanical typo) with square dial and w ith a maximum capacity of 125 kg and minimum capacity of 5 kg. The verification scale interval (e) is 500 g. 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 approvaj. of the model shall also cover the weighing instrument of Similar make and performance of same series with maximum capacity upto 150 kg and with number of verification scale lntcrval(n) in the range of 100 to 1000 for 'e' value of 5 g or more and with 'e' value 1 * 10v, 2 * H)k, 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(I2)/2OO1| P A. KRISHNAMOORTHY, Director, LcgaJ Metrology5136 TIIE GAZETTE OF INDIA SEPTEMBER 22,2001 /BHADRA 31, 1923 IPART H—SEC 3(H)] 5137

New Delhi, the 7th September, 2001

S.O. 2471.—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 provi- sions 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;

The said model (figure given) is a weighing instrument (dual range) with a maximum capacity of 150 kg and minimum capacity of 40 kg. The verification scale interval (e) is 10 g upto 75 kg and 20 g above 75 kg upto 150 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-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 5 tonne and with number of verification scale intcrval(n) in the range of 500 to 10,000 for 'e' value of 5 g or more and with 'e' value 1 * lO*, 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(12)/2001] P A. KRISHNAMOORTHY, Director, Legal Metrology5138 THE GAZETTE OF INDIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART H—SEC. 3(ii)] 5139

New Delhi, the 7th September, 2001

S.O. 2472.—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 provi- sions 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;

The said model (figure given) is a weighing instrument (dual range) with a maximum capacity of 30 kg and minimum capacity of 100 g. The verification scale interval (e) is 2g upto 15 kg and 5g above 15 kg upto 30kg. 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-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 inlcrval(n) in the range of 100 to 10,000 for 'e' value of 100 mg to 2g and with number of verification scale interyal(n) in the range of 500 to 10,000 for 'e' value of 5g or more and with V value 1 * 10", 2 * 10k, 5x 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.

[FNo. WM-21(12)//2001] P A KRISHNAMOORTHY, Director, Legal Metrology5140 THE GAZETTE OF INDIA SEPTEMBER 22,2001/BHADRA 31, 1923 [PART H—SEC. 3(ii)l 5141

New Delhi, the 7th September, 2001

S.O. 2473.—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 ((he figure given below) is in conformity with the provi- sions 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,

The said model (figure given) is a weighing instrument with a maximum capacity of 12 kg and minimum capacity of 20 g The verification scale interval (e) is lg. It has a tare device with a 100 per cent subtractivc retained tare effect The Light Emitting Diode display indicates the weighing result The instrument operates on 230 Volts and 50- 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 intcrval(n) in the range of 100 to 1,00,000 for 'c' value of ling to 50 mg and with number of verification scale intcrval(n) in the range of 5,000 to 1,00,000 for V value or 100 mg or more and with V 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.

[FNo WM-21(12)/20011 PA KRISHNAMOORTIIY, Dinvtor. Legal Metrology 2804 GI/2001—6\2 1HE GAZETTE Ol- INDIA SEPTEMULk 22,2001/BHADRA 3J, 1923 [PART II—SEC 3 ( U )] 5143

New Delhi, the 7th September, 2001

S.O. 2474.-—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 provi- sions 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 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 the automatic filling machine with digital indi- cation of 'Eldcrpan 4000 D' scries and with brand name "ELDERPAN" (hereinafter referred to as the model), manufac- tured by M/s. Elder Instruments Private Limited, W-345, T.T C. Industrial Area, Rabale, Navi Mumbai-400 701 and which is assigned the approval mark IND/09/2001/36,

The said model (figure given) is an automatic filling machine based on load cell to pack a given weight of a product. The machine is used for filling drums, cans and bags in the 'coarse' and Tine¹ modes The maximum capacity is of 300kg with a scale interval of 50g It operates on 220 Volt, 50 Hertz alternate current power supply

[F.No WM-21(16)/97| P.A. KRISHNAMOORTHY, Director, Legal Metrology5144 THE GAZETTE OF INDIA SEPTEMBER 22.2001/BIIADRA 31. 1923 [PART II—SEC. 3fifn 5145

New Delhi, the 7th September, 2001

S.O. 2475.—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 provi- sions 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 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 the automatic weighing machine of 'Elderpan 4000 C scries with digital indication and with brand name "ELDERPAN" (hereinafter referred to as the model), manu- factured by M/s Elder Instruments Private Limited. W-345, T.T.C. Industrial Area, Rabale, Navi Mumbai-400 701 and which is assigned the approval mark IND/09/2001/37;

The said model (figure given) is an automatic weighing machine based on load cell to pack a given weight of a product. The machine is used for filling drums, cans and bags in the 'coarse' and 'fine' modes. The maximum capacity is of 20kg with a scale interval of 5g. It operates on 220 Volt, 50-Hertz alternate current power supply

[F.No WM-21(16)/97] PA. KRISHNAMOORTHY, Director, Legal Metrology5146 THE GAZETTE OF INDIA : SEPTEMBER 22,2001/BHADRA 31, 1923 [PART H—SEC 3(ii)] 5147

New £>clhi, the 7th September, 2001

S.O. 2476.—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 provi- sions of the Standards of Weights and Measures Act, 1976 (60 or 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 Us accurate service under varied conditions,

Now, therefore, in exercise of the powers conferred by sut>-scction (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the automatic weighing machine (tank and batch system) with digital indication of 'Eldcrpan 4000-T series and with brand name "ELDERPAN" (hereinafter referred to s the model), manufactured by M/s Elder Instruments Private Limited, W-345, T T C. Industrial Area, Rabale, Navi 1umbai-400 701 and which is assigned the approval mark IND/O9/2OO1/3R;

The said model (figure given) is an automatic weighing machine (tank and batch system) based on load cell 10 pack a given weight of a product The machine is used for filling tanks and batch weighing in the 'coarse' and 'fine' modes The maximum capacity is of 300kg with a scale interval of 50g It operates on 220 Volt, 50 Hertz alternate current power supply

[F.No. WM-21(16)/97] PA KRISHNAMOORTHY, Director, Legal Metrology5148 THE GAZETTE OF INDIA : SEPTEMBER 22,2001/BHADRA 31, 1923 [PART H— SEC. 3(ii)] 5149

New Delhi, the 7th September, 2001

S.O. 2477.—Whereas the Central Government, after considering the report submitted to n by the prescribed .'luthoriiy, is satisfied that the model described in the said report (the figure given below) is in conformity with the provi- sions of ihe Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render us accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the automatic weighing machine (tank and batch system) with digital indication of Elderpan 4000-T scries and with brand name "ELDERPAN" (hereinafter referred to as the model), manufactured by M/s. Elder Instruments Private Limited. W-345, T.T C Industrial Area, Rabalc, Navi Mumbai-400 701 and which is assigned the approval mark IND/09/2001/39.

The said model (figure given) is an automatic weighing machine (tank and batch system) based on load cell to pack a given weight of a product. The machine is used for filling tank and batch weighing in the 'coarse' and Tine' modes. The maximum capacity is of 5000 kg with a scale interval of 1 kg. It operates on 220 Voll, 50 Hertz alternate current power supply.

IF.No. WM-21(16)/97] P A. KRISHNAMOORTHY, Director, Legal Metrology 2804 GI/2001— 75150 HIE GA/.U'lL OUNDIA SEPTEMBER 22,2001 /BHADRA 11, 1923 [PART II—SFC 3(n)l 5151

New Delhi, the 7lh September, 2001

S.O. 2478.—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 provi- sions 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 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 the automatic filling machine (Augar filler type) of FVS 3051 -SQ series) and with brand name "Augar filler type FVS 3051" (hereinafter referred to as the model), manufactured by M/s. Motor Industries Co. Ltd, Hosur Road, Adugodi, Bangalore-560 030 and which is assigned the approval mark IND/09/200I/74;

The said model is an automatic filling machine (Auger filler) It works on the principle of gravity feed under constant head. The machine can be adjusted to deliver any range between 15 ml to 12000 ml or of equivalent weight depending upon the diametere of Augur screw to a maximum of 80 mm It can fill 30 pouches per minute (maximum) depending upon the product specifications and quantity of the pouch The machine is dosigned to fill non-free flowing products such as milk powder, coffee powder, ground spices, tooth powder, chemical and Pharmaceutical powder etc. It operates on 220 Volt and frequency 50 Hertz alternate current power supply

[F.No. WM-21(24)/98j P A KRISHNAMOORTHY, Director, Legal Metrology i l 52 1111", G A / 1 1 !h OMNDIA SEPIKMBI-R 22. 2001 HIIAORA 31, l')23 IPARI H - S tf 3(n))5151

New Delhi, the 7th September, 2001

S.O. 2479.—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 lo render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by Sub-section (7) of Section 36 of the said Act, the Central Govcrnmcnl hereby publishes the certificate of approval of the model of the automatic filling machine (Piston filler) of DP 1000 scries and with brand name "liquid dosing pump" (piston filler type) (hereinafter referred to as the model) manufactured by M/s. Motor Industries Co Ltd., Hosur Road, Adugodi, Bangalore-560 030 and which is assigned the approval mark IND/09/2001/75;

The said model is an automatic filling machine (piston filler). It works on the principle of gravity feed under (.onsiant head The machine can be adjusted to deliver any range between 2 g to 1000 g depending upon the pack sizes ;md \ l.scosity of the liquids. It can fill 25 to 35 pouches per minute (maximum). The machine is designed to fill liquid products such as vegetable oils, ghec, vanaspathi, margarine etc. It operates on 440 Volts and frequency 50 Hertz alternate current power supply

[F. No. WM-21(24)/98] PA KRISHNAMOORTHY, Director, Legal Metrology5154 THE GAZETTE OF INDIA : SEPTEMBER 22,2001/BHADRA 31, 1923 [PART H—SEC. 3(ii)l 5155

New Delhi, the 7th September, 2001

S.O. 2480.—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 provi- sions ofthc Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and lo render accurate service under varied conditions.

Now, therefore, in exercise ofthc 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 ofthc self-indicating, non-automatic, (Table top i>pc) weighing instrument with digital indication of "ADS-TT" series of Medium accuracy (Accuracy class III) and with brand name " ADPRO" (hereinafter referred to as the model) manufactured by M/s. Adpro Automation Pvt. Ltd., No 9/1, Sri Lakshmi Rangaswamy Nilya, Thammappa compound, Nethaji Nagar, T. Dasarhalli, Bangalore-560 057 and which is assigned the approv.il mark IND/09/2001/55;

The said model (figure given) is a weighing instrument with a maximum capacity of 20 kg and minimum capa- cit> of l()0g The verification scale interval (c) is 5g 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-Hcrl/ alternate current power supply

Further, in exercise of the powers conferred by sub-section (12) of section 36 ofthc said Act, the Central Government hereby declares that this certificate of approval ofthe Model shall also cover the weighing instrument of similar make, accuracy and performance of same series with maximum capacity uplo 50kg and with number of verification scale mtcrval(n) in the range of 100 to 10,000 for 'c' value of 1 OOmg to 2g and with number of verification scale intcrval(n) in the range of 500 to 10,000 for V value of 5g or more and with Lc' value 1 * 10\ 2 * l()k, 5 x 10k, k being the positive or ncgatn c 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(24)/20()I| PA KRISHNAMOORTHY, Director, Legal Metrology5156 THE GAZETTE OF INDIA: SEPTEMBER 22,2001/BHADRA 31, 1923 [PART II—SEC. 3(ii)] 5 1 57

New Delhi, the 7th September, 2001

S.O. 2481.—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 provi- sions 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 sen ice under varied conditions,

Now, therefore, in exercise of the powers conferred bv Sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Platform type) weighing instrument with digital indication of "ADS-PF' series of Medium accuracy (Accuracy class III) and with brand name "ADPRO" (hereinafter referred to as the model) manufactured by M/s Adpro Automation P\ t Ltd , No 9/1. Sn Lakshmi Rangaswamy Nilya, Thamrnappa Compound, Nethaji Nagar. T Dasorhalli, Bangalorc-560 057 and which is assigned the approval mark IND/09/2001/56;

The said model (figure given) is a weighing instrument with a maximum capacity of 200 kg and minimum capacity of 1 kg The verification scale interval (c) is 5()g It has a tare dc\ ice with a 100 per cent subtractivc retained tare effect The Light Emitting Diode display indicates the weighing result The instrument operates on 230 volts and 50 Hertz alternate current power supply

Further, in exercise of the powers conferred b> Sub-section (12) of Section 36 of the said Act, the Central 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 5 tonne and with number of verifi- cation scale mterval(n) in the range of 500 to 10,000 for V value of 5g or more and w ith e' value 1 * 10\ 2 - 10\ 5 * 10", k being the positive or negative whole number or equal to zero, manufactured b\ the same manufacturer in accordance with the same principle, design and with the same mateiials with which, the approved model have been manufactured

|FNo WM-21(24)/2001| P.A KRISHNAMOORTHY, Director, Legal Metrology 2804 GI/2001—85I5K THE CJAZF.TTE OF INDIA : SRPTEMTJLR 22, 2001/BHADRA 3 1, 1923 IPART II— SEC. 3(il)1 5159

New Delhi, the 7th September, 2001

S.O. 2482.—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 provi- sions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and lo render accurate service under varied conditions;

The said model (figure given) is a weighing instrument with a maximum capacity of 30 tonne and minimum capacity of 100 kg. The verification scale interval (e) is 5 kg 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-Hert/. alternate current power supply.

Further, in exercise of the powers conferred by sub-section (12) of Section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make, accuracy and performance of same series with minimum capacity above 5 tonne and with number of verification scale interval(n) in the range of 500 to 10,000 for V value of 5 g or more and with V value 1 * 10k, 2 * 10\ 5 * 1 ()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 materials with which, the approved model have been manufactured.

[F. No. WM-21(24)/2001] PA KRISHNAMOORTHY, Director, Legal MetrologySlf,() i lib GA/TUb OI-INDIA ShP'IFMBER 22,2001/BHADRA 31, 1923 [PART II- -SEC 300] 5161

New Delhi, the 7th September, 2001

S.O. 2483.—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 provi- sions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1087 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 automatic filling machine, (Platform type) with digital indication of "ADP-LF' series and with brand name "ADPRO" manufactured by M/s. Adpro Automation Pvt Lid., No. 9/1, Sri Lakshnu Rangaswamy Nilya, Thammappa Compound, Nethaji Nagar, T Dasarahalli, Bangalore- 560 057 and which is assigned the approval mark 1ND/09/2001/58;

The model is a automatic Weighing machine with a maximum capacity of 30kg and minimum capacity of 50()g The scale interval (c) is lOg. It can fill 12 pouches per minute (maximum) depending upon the product specifications and quantity of the pouch. The machine is designed to fill solid free flowing products such as Tea, sugar, rice, seeds, confectionary, biscuits, potato chips. The light Emitting Diode display indicates the weighing result. It operates on 440 volts and frequency 50-Hertz alternate current power supply.

|F.No. WM-21(24)/2001| PA KR1SHNAMOORTHY, Director, Legal Metrology5162 THE GAZETTE OF INDIA: SEPTEMBER 22, 2001 /BHADRA 31, 1923 [PART H— SEC 3(ii)] 5163

New Delhi, the 7th September, 2001

S.O. 2484.—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 provi- sions 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;

The said model (figure given) is a weighing instrument with a maximum capacity of 150 kg and minimum capacity of 5()()g The verification scale interval (c) is lOg. 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-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 5 tonne and with number of verifi- calion scale intcrval(n) in the range of 5,000 to 1,00,000 for 'e' value of 5g or more and with V value 1 * l()k, 2 * 10\ 5 - l()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 materials with which, the approved model have been manufactured

|F.No. WM-21(26)/2001] PA KRISHNAMOORTHY, Director, Legal Metrology5164 TIIE "GAZETTE OF INDIA: SEPTEMBER 22, 2001 /BHADRA 31, 1923 [PART II—SEC. 3(ii)] 5165

New Delhi, the 7th September, 2U0 1

S.O. 2485.—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 provi- sions of the Standards of Weights and Measures Act, 1976 (60 of 197ft) 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;

The said model (figure given) is a weighing instrument with a maximum capacity of 15 kg and minimum capacity of lOOg Tfu^ cnficalion scale interval (c) is 5 g It has a tare device with a 100 per cent subiraclivc retained tare effect The Light Emitting Diode display indicates the weighing result The instrument operates on 230 volts and fre- quency 50-Hertz alternate current power supply;

Further, in exercise of the powers conferred b\ sub-section (12) of Section 16 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument ol similar make, accuracy and performance of same scries with maximum capacity Hplo 50 kg and with number of vci ifica- tion scale interval (n) in the range of 100 to 10,000 for 'c' 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 of5g or more and w i t h e' value 1 • 10l 2*10\ 5-IOk k being the positive or negative whole number or equal to zero, manufactuicd bv 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(2l>)/2001| PA KRISlINAMOOWlin . >m;Uoi L.cgal Metrologv 2804 GI/2001—95166 mV GAZhTTE Ol INDIA. SEPThMBhR 22,2001/BI1ADRA 3 1, 1923 [PART II—SEC 3(H)1 5 ir,7

New Delhi, the 7th September 2001

S.O. 2486.—Whereas the Central Government, after considcrum the report submitted to it by the prescribed authority is satisfied that the model described in the said report (the figure gi\ en below) is in conformity with the provi- sions of the Standards oi Weights and Measures Act, 1976 (60 of 1976) .ind (he Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain us accuracv over periods of sustained use and to render accurate service under varied conditions,

Now, Ihcrcforc, in exercise of the powers conferred by siib-scclion (7) of Section 16 ofthc said Act, the Ceniral Government hereby publishes the certificate of appioval of the model of the self-indicating, non-automatic, dual range (Table lop type) weighing instrument wiih digital indication of CUB" series of Medium accuracy (Accuracy class III) and with brand name k'METTLERTOLEDO" (hereinafter refened to as the model) manufactured by M/s Mcttler Toledo India Private Limited. AmarHill, Saki ViharRoad Mnmbai-4i)() 072 and which is assigned the approval mark IND/09/ 2001/61,

The said model (figure given) is a dual range weighing instrument with a maximum capacity of 15 kg and minimum capacity of 40 g. The verification scale interval (c) is 2 g npto capacity of 7 5 kg and 5 g in the capacity range 7 5 kg to 15 kg It has a tare device with a 100 per cent sublraclivc retained tare effect. The Light Emitting Diode display indicates the weighing result The instrument operates on 230 volts and frequency 50-Hert/. alternate current power supply,

Further, in exercise of the powers conferred by Sub-section (12) of Section 36 of the said Act, Ihc Central Go\ eminent 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 verifica- tion scale lntcrval(n) in the range of 100 to 10,000 for 'c' value of 100 mg to 2 g and with number of verification scale interval (n) in the range of 500 to 10,000 for V value of 5 g or more and with 'c' value 1 x 10k, 2M()k, 5*i()\ kbcingthe positive or negative whole number or equal to /.cro, manufacture by the same manufacturer in accordance with the same principle, design and vvilh the same materials with which, the approved model have been manufactured.

[F. No WM-21(29)/2001| PA KRISHNAMOORTHY, Director, Legal MetrologySW.K THE G A / h T TE OF INDIA SI'PIEMBER 22, 2001/BHADRA 31. 1923 [PART II—SFC 3fii)| 5169

New Delhi, the 7th September, 2001

S.O. 2487.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, along with model apprcn al and test results, granted by Physikalisch-Tcchnischc Bundesanstalt. Braunschweig und Berlin is satisfied that the model described in the said report (sec the figure given below) is in conformity with the provisions of ihc Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and lo render accurate service under varied conditions,

Now, therefore, 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 Meters for liquids (other than water) (here- inafter rclcrrcd lo as the model) with brand name "RHENOIK Mass flow meters of type 'RHMl.V scries RHM transducer w ith RHE transmitter manufactured by M/s. Rheonik Messgeratc Gmbh, Odclzhausen and sold in India by M/s Rockwin Flow Meter India Limited. 4/Site IV, Sahibabad Industrial Area, Gha/ubad-201010, and which is assigned the approval mark 1ND/13/2001/61;

The model (the figure given) is a meter for liquids (other than water) using conolis force principle for measure- ment of mass liquids and gases. Range of measurement is 0 004-80 kg/min

And further, in exercise of the powers conferred by Sub-section (12) of Section 36 of the said Act, the Central Go\ eminent hereby declares that this certificate of approval of the model shall also cover the other meters for liquids of Upe RHM 007, 01, (H, 04. 06, 08. 12. 15, 20, 30, 40, 60 and 80 as well as the types RHM 03, 06, 08 and 12 for gases, manufactured b\ the same manufacturer in accordance with the same principle, design and with the same materials with which, ihc approved model have been manufactured.

[F No WM-21(59)/2000] P A KRISHNAMOORTHY, Director, Legal Metrology5170 THE GAZETTE OF INDIA: SEPTEMBER 22,2001/DHADRA 31, 1923 [PART II—SEC 3(n)l 5 1 71

New Delhi, the 7th September, 2001

S.O. 2488.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (sec the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and lo render accurate service under varied conditions;

Now, therefore, 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 "Meters for liquids (other than water)" of "TFM-CT' series belonging 10 accuracy class 0 3 and with digital display (hereinafter referred to as the model) with brand name "Turbine flow mcters-CT scries', manufactured by M/s. Rockwin Flow Mclcr India Limited, 4/Silc IV, Sahibabad Industrial Area, Gha/iabad-201010, and which is assigned the approval mark 1ND/09/2001/22;

The model (see the figure) is a meter for liquids (other than water) with electronic output of nominal size of 200 mm. The meter having flow range of 110 to 1100 mVhr. The meter is used for custody transfer application like petroleum and chemical liquid products.

[F. No. WM-21(59)//2000] P A. KRISHNAMOORTHY, Director, Legal Metrology5172 Tills GAZETTE OF INDIA SEP 1 EMBER 22, 2001 B1IADRA 31, 1923 IPARI II—Stc 3(n)l 5173

New Delhi, Ihc 7th September, 2001

S.O. 2489.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (sec the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sus- tained 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, electronic (Table lop type) weighing instrument with digital indication of "AE" scries of class II (High accuracy) and with brand name CHERRY (hereinafter referred to as the model), manufactured by M/s AVI Electronics, 66-A, Naryana Industrial Eslalc, Opposite Raipur Mill, Saraspur, Ahmcdabad-382418 and which is assigned the approval mark IND/09/2001/33, The said Model (sec the figure ) is a high accuracy (Accuracy Class II) weighing instrument with a maximum capacity of 20 kg and minimum capacity of lOOg. The verification scale interval (e) is 2g 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 alternate current power supply.

Further, in exercise of the powers conferred by sub-section (12) of Section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make, accuracy and performance of same series with maximum capacity upto 50 kg and with number of verifica- tion scale intcr\al(n) in the range of 100 to 1,00,000 for 'c' value of ling to 50 mg and with number of verification scale intcn al (n) in the range of 5000 to 100,000 for V value of lOOmg or more and with V value 1 * 10\ 2* l()k, 5* 10\ k being the positive or negative whole number or equal to zero, manufactured by Ihc 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(92)//2()001 P.A KRISHNAMOORTHY, Director, Legal Metrology 2804 GI/2001^105174 llfr GAZETTE OF INDIA SEPTEMBER 22, 2001/HHADRA 31, 1923 [PART II— SEC. 3(n)] 5175

New Delhi, the 7th September, 2001

S.O. 2490.—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 sus- tained 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, electronic (Table top type) weighing instrument with digital indication of "AE" scries of class III (Medium accuracy) and with brand name CHERRY (hereinafter referred to as the model), manufactured by M/s. AVI Electronics, 66-A, Naryana Industrial Estate, Opposite Raipur Mill, Saraspur, Ahmedabad-382418 and which is assigned the approval mark IMD/09/ 2001/34;

The said model (sec the figure ) is a medium accuracy (accuracy Class 111) weighing instrument with a maximum capacity of 30 kg and minimum capacity of 10()g. The verification scale interval (e) is 5g. It has a tare device with a 100 percent subtraclivc 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 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 of upto 50 kg and with number ol verification scale interval (n) in the range of 100 lo 10,000 for 'e' value of 100 mg to 2g and with number of verification scale interval (n) in the range of 500 to 10,000 for V value of 5gor more and with 'e' value 1 > 10\ 2* 10", 5M0\ k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model has been manufactured.

|F No. WM-21(92)//2000| PA. KRISHNAMOORTHY, Director, Legal Meirologv5176 THE GAZETTE OF INDIA: SEPTEMBER 22,2001/BHADRA 31, 1923 [PART II— SEC 3(ii)] 5177

New Delhi, the 7th September, 2001

S.O. 2491.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied thai the model described in the said report (sec the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sus- tained use and to render accurate service under varied conditions;

The said model (sec the figure) is a medium accuracy (accuracy class lit) weighing instrument with a maximum capacity of 60 kg and minimum capacity of 200g. The verification scale interval (e) is lOg. It has a tare device with a 100 percent subtractive retained tare effect The Light Emitting Diode display indicates the weighing result. The instru- ment operates on 230 volts and frequency 50-HcrU alternate current power supply;

Further, in exercise of the powers conferred by Sub-section (12) of Section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make, accuracy and performance of same series with maximum capacity of 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 * l0k, 2 * 10k, 5* 1 0k, k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model has been manu- factured.

[F. No. WM-21(92)/20001 PA. KRISHNAMOORTHY, Director, Legal Metrology5178 THE GAZETTE OF INDIA . SEPTEMBER 22,2001/BHADRA 31, 1923 [PART H—SEC, 3(ii)] 5179

New Delhi, the 7th September, 2001

S.O. 2492.—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 mechanical counter scale with brand name"CITIZEN" (hereinafter referred to as the Model), manufactured by M/s. Citizen Scale Co., Shivaji Nagar, Savarkundla-364515 (Gujarat) and which is assigned the approval mark IND/09/2001/65;

The said model (see the figure) is a Mechanical counter machine. The 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 manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved Model has been manufactured.

IF. No. WM-21(48)//2001] PA. KRISHNAMOORTHY, Director, Legal Metrology5180 THE OAZETTE OF INDIA SEPTEMBER 22, 200I/BUADRA 31, 1923 [PART H—SEC 3(ii)] 5181

New Delhi, the 7th September, 2001

S.O. 2493.—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 or ihc 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 Price computing type) weighing instrument with digital indication of 'EP-2000-PC" scries of medium accuracy (Accuracy class III) and with brand name "ELDER" (hereinafter referred to as the model), manufactured by M/s Elder Instruments Private Limited, W-345, TTC Industrial Area, Rabate, Navi, Mumbai-400701 and which is assigned the approval mark IND/09/2001/92;

The said model (figure given) is a non-automatic weighing instrument with a maximum capacity of 15 kg and minimum capacity of l()()g. The verification scale interval (e) is 5 kg It has a tare device with a 100 per cent subtractivc retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts and 50-Hertz alternate current power supply;

[F No. WM-21(37)/2001| P A. KRISHNAMOORTHY, Director, Legal Metrology 2804 GI/2001—11 5IH2

"I I IF. CiA/KITH OF INDIA . SM'ITMBI-R 22,2(101 KIJADRA 3 1, 1923 [I'ART U—SEC 3(ii)]5183

New Delhi, the 7th September, 2001

S.O. 2494.—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 sus- tained use and to render accurate service under varied conditions.

Now, therefore, in exercise of the powers conferred by Ihc third proviso to sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model in respect of Counter machine (hereinafter referred to as Model) with brand name 'ship' manufactured by M/s. Vikrant Scales Product, 72, Street No 4, Village Mandoh, Dclhi-110093, and which is assigned the approval of Model mark IND/09/2001/16;

The model is a Counter Machine with a maximum capacity of 5 kg

|F. No WM-21(60)/20()()l PA KR1SHNAMOORTHY, Director, Legal Metrology'SIX4 l l l i; GAZETTl' OF INDIA . SKPTFMBER 22,2001/BI1ADRA 3 1, 1923 [PART H -SIC. 3(H>] 5185

New Delhi, the 7th September, 2001

S.O. 2495.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the Model described in the said report (sec the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Mea- sures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sus- tnincd 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 (mechanical) counter machine with brand name "Labh" (herein referred to as the Model), manufactured by M/s Labh Engineers, 4-Sumeru Park, Opp. Harbholanath Park, National Highway No. 8, Ahmedabad (Gujarat) and which is assigned the approval mark IND/09/2000/270;

The said model (sec the figure) is a "Counter Machine", (Mechanical). The maximum capacity is 10 kg.

Further, in exercise of the powers conferred by Sub-section (12) or 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, 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(7())/2000] PA. KRISHNAMOORTHY, Director, Legal Metrology5186 THE GAZETTE OF INDIA: SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART II— SEC. 3(ii)]

, 7ftRT^JIT,2 0 01

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2496.—

, 1976 (1976^160)

"M —IIM. t c l 'i

36 f^

1HIJ(^f. 8,

, 4 ti

"5TT5'^5T "^TFT l'FTrT" "

/09/2000/271

TIT $ )

f' Rn^i=hl 3?ftiq*i (•STT^rfrr^5^)

1 %# Tim ^ I W W Ni 'qFIHM ( ^) ^ "tTFT 50 UTH t;

300 fem

( 1 2)

"hi4 Hitii

% at

5000 fe

T. 21 (70)/2000]5187

New Delhi, the 7ih September, 2001

S.O. 2496.—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 sus- tained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by Sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of non-automatic, weighing instrument (platform machine) loose weight type of analogue indication with brand name "Labh" (herein referred to as the Model), belonging to Medium accuracy class III manufactured by M/s. Labh Engineers, 4-Sumeru Park, Opp. Harbholanath Park, National Highway No. 8, Ahmcdabad (Gujarat) and which is assigned the approval mark IND/09/2000/271;

The said Model (see the figure) is non automatic mechanical weighing instrument of analogue indication (plat- form machine) loose weight type with maximum capacity is 300 kg and minimum capacity is 1 kg value of verification scale interval (e) is 50 g.

Further, in exercise of the powers conferred by sub-section (12) of 36 section 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 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(70)/2000] P A. KRTSHNAMOORTHY, Director, Legal MetrologyS1SS HIE GAZETTE OF INDIA SEPTEMBER 22,2001/BHADRA 31, 1923 [PART U—SEC 3(H)] 5189

New Delhi, the 7th September, 2001

S.O. 2497.—Whereas the Central Government, after considering the report submitted to it by the prescribed authorm is satisfied that the model described in the said report (sec the figure given below) is in conformity with the proMsions 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 sus- tained 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 lop t>pc) belonging to Medium Accuracy (Accuracy class III) of "ULTRA" scries (herein referred to as the model) with brand name 'ULTRA' manufactured by M/s Ultramalix Systems Pvt Ltd., J-299, M.I.D C , Industrial Area, Bhosan, Punc-411026 and which is assigned the approval mark IND/09/2001/8T,

The said model (the figure given) is non-automatic weighing instrument. The maximum capacity is 10 kg and minimum capacity of 20g The value of verification scale interval (c) is lg. It has a tare device with a 100 percent sublrnctivc retained tare effect The Light Emitting Diode (LED) display indicates the weighing result The instrumeni operates on 230 Volts and 50 Hertz alternate current power supply.

Further, in exercise of the powers conferred by sub-section (12) of Section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of same series with having maximum capacity upto 50 kg and wilh number of verification scale (n) in the range of 100 to 10.000 for 'c' value of 100 mg to 2g and wilh number of verification scale interval (n) in the range of 500 to 10,000 for 'c' value of 5gor more and with 'c'value 1 *10\ 2*10\ 5*10k, k being the positive or negative whole number or equal lo zero, manufactured by the same manufacturer with the same principle, design and with the same materials with which, ihc approved model has been manufactured.

[F No WM-21(80)/20()0| PA KRISHNAMOORTHY, Director, Legal Metrology 2604 GI/2001 —1251 'JO THE GAZETTE OF INDIA : SHPTEMHHR 22, 2001/B1IADRA 31, 1923 [PART II- -SEC. 3(H)] 5191

New Delhi, the 7th September, 2001

S.O. 2498.—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 1 976) 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, electronic (Table top type) weighing instrument with digital indication of "AST" scries of class III (Medium accuracy) and with brand name 'ASCCT(hereinafter referred to as the model) manufactured by M/s. Alexandra Scale Co., llLVl.Pankornake, Ahmedabad-380 001 and which is assigned the approval mark IND/09/2001/59;

The said model (see the figure) is a medium accuracy (accuracy class III) weighing instrument with a maxi- mum capacity of 10 kg and minimum capacityof 100g. The verification scale intcrval(c) 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 instru- ment operates on 230 volts and frequency 50-Hertz alternate current power supply;

Further, in exercise of the powers conferred by Sub-section (12) of Section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover the weighing instrument of similar make, accuracy and performance of same series with maximum capacity upto 50 kg and with number of verifica- tion scale (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'c'value 1x10*, 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 prin- ciple, design and with the same materials with which, the approved model has been manufactured.

[F. No. WM-21(89)/2000] PA. KRISHNAMOORTHY, Director, Legal Metrology Sll>2 Mil O A / M II til INDIA SI IM1 MBI R 22 201)1 HIIAHRA }| 1¹J21 I P A U I I I - SU KIIII5193

New Delhi, the 7th September, 2001

S.O. 2499.—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 pro\ lsions of the Standards of Weights and Measures Act, 1976 (60 of 1 976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely 1o 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 electrical weighing instrument (Table Top type) with digital indication of MS scries belonging to High accuracy class (Accuracy class 11) and wnh brand name "IOTA" (herein referred to as the Model), manufactured by M/s. Sunshine Weigh Systems IM I.Id . A-Wing, 4th Floor, Narnarayan Complex, Near Swastik Char Rasta, C.G. Road, Ahmedabad-380009, and which is assigned the approval mark IND/09/2001/40,

The Model is high accuracy (Accuracy class II) non-automatic weighing instrument of Table Top type with digital indication of maximum capacity 11 kg, minimum capacity 50 g. It has a tare device with a 100 percent subtractive retained larc effect The verification scale interval (e) is 1 g The Light Emitting Diode display indicates the weighing result The instrument operates on 220 Volts and 50 Hertz, alternate current power supply,

Kurihcr. in exercise or the powers conferred by Sub-section (12) of Section 36 of the said Act, the Central dm eminent hereby declares lhat 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 100,000 for V value of 1 ing to 50 mg and with number of verification scale mien al (n) m the range 5000 to 100,000 for 'c' value of 100 mg or more and with V value 1 * 10\ 2 x 10 \ 5 * 10k, k being a positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with tlic same principle, design and with the same materials with which the approved model has been manufactured.

IF.No. WM-21(101)/99] PA KRISHNAMOORTHY, Director, Legal Metrology5194 THE GAZETTE OF INDIA: SEPTEMBER 22, 2001 /BHADRA 31, 1923 [PART II— SEC. 3(ii)]. 5195

New Dcini, uic /in September, 2uui

S.O. 2500.—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 electrical weighing instrument (Platform type) with digital indication of Ms series belonging to High accuracy class (Accuracy class II) and with brand name "IOTA" (herein referred to as the Model) manufactured by M/s. Sunshine Weighing Systems Pvt. Ltd, A-Wing, 4th Floor, Namarayan Complex, Near Swastik CharRasta, C.G. Road, Ahmedabad-380009, and which is assigned the approval mark IND/09/2001/41.

The Model is high accuracy (Accuracy class II) non-automatic weighing instrument of Platform type with digital indication of maximum capacity 120 kg, minimum capacity 500 g. It has a tare device with a 100 per cent subtractivc retained tare effect. The verification scale interval (e) is 10 g. The Light Emitting Diode display indicates the weighing result The instrument operates on 220 volts, 50-Hcrtz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of the said section, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make, accuracy and performance of same scries with maximum capacity upto 5 tonne and with number of verification scale interval (n) in a range 5,000 to 1,00,000 for 'c' value of 100 mg or more and with 'c' value of 1 x 10k, 2 * 10 kv, and 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 has been manufactured.

IF. No. WM-21(101)/99] PA. KRISHNAMOORTHY, Director, Legal Metrology5 1% THE GAZETTE OF INDIA SEPTEMBER 22,2001/131IADRA 31, 192.1 [PART H—SEC. 3(ii)] 5197

New Delhi, the 7th September. 2001

S.O. 2501. \\ lu.ivis the Central Government, after considering the report submitted to il by the prescribed aulhonU is siitisftcd th.H the moJj desenbed m the said report (sec figure), is m conformity willi the proMsions of the Standards of Weights .md Measures Act. 1970 (f>0 of 1976) and the Standards of Weights and Measures (Appro\al of Models) Rules. 1987 and the said model is hkeh lo maintain its accuracy over periods of sustained use and to render accurate service under \ aried conditions.

Now. thcrcfoic. in exercise of the powers conferred b\ sub-scclion (7) and (8) of section 16 of the said Act, the Central Government hcrcb\ publishes the certificate of approval of the Model of the non-automatic weighing instrument (Platform t\pc) w ith digital indication (hereinafter referred to as the Model) of PS' series belonging lo Medium accuracy class (Accuracy class 111) and with brand name "SUN" manufactured b> M/s Sunshine Multiform P \ 1, Ltd , 49G, Chamgodar Tajpur Road, Shahnand District, Gujarat and which is assigned the appro\ al mark lND/09/01/17, The Model is a non-automatic weighing instrument of table top upc with digital indication of maximum capacity 120 kg, minimum capacity 400 g and belonging to Medium accuracy class (Accuracy class III) The value of verification scale liucn al (c) is 20 g. The display unit is of light emitting diode (LED) type The instrument operates on 220 volts and 50 Hcrt/. alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the model shall also cover the weighing instruments of similar make, accuracy and performance of same scries with maximum capacity upto 5 tonne and with number of verification scale interval (n) in the range of 500 to 10,000 for 'c' value of5 g or more and with 'e' value of 1 * 10\ 2 * 10k, and 5 " 10\ where k is a positive or negative whole number or zero manufactured by the same manufacturer in accordance with thc-samc principle, design and with the same materials with which the approved model has been manufactured.

IF. No. WM-21(102)/99] P A KRISI-TNAMOORTHY, Director, Legal Metrology 2804 GI/2001—13>1<>H THK GAZETTE OF INDIA: SEPTEMBER 22, 2001/BIIADRA 31,1923 [PART H—SEC. 3(ii)l 5199

New Delhi, the 7th September, 2001

S O. 25(12. -Whereas the Central Government after considering the report submitted to it by the prescribed luihorm is satisfied ih.it tht. model described in the said leport (see figure) is in conformity with the provisions of the Standards of Weights and Mensnrcs Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rule 1W7 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under wined conditions

Now ihercfore, in e\ercise of the powers conferred b\ Sub-section (7) and (8) of Section ^6 of ihe said Act, the Central Go\ crnment herebv publishes the certificate ofapprox al of the Model of the non-automatic weighing instrument (Table 1 op l\pc) with digital indication (hereinafter referred to as the model) of 'TS' senes belonging to Medium accuracy clnss (Accur.ic\ class 111) and with biand name "SUN' manufactured by M/s Sunshine Multiform Pvt, Ltd, 496, Chamgodar I.iipurPaid Shahnand District Gujarat and *vhich is assigned the approval mark IND/09/01/18, Die Model is a non -automatic weighing mstmme H of table top type with digital indication of maximum capacity 12 kg minimum eapacitv 40 g and belonging to Mcd'uni .icuiracv class (Accuracy class 111) The value of verification sc.ilc mien al (e) is 2 g The displav unit is of light cnnting diode (LED) f,pc The instrument operates on 220 Volts and •M)-Hert/ alternate current power supplv

And further, in exercise of the power conferred by Sub-section (12) of Section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make, accuracy and performance of same series with maximum capacity upto 50 kg with number of scale interval (ii) upto 10 000 (n < 10,000) and with 'e' value of 1 * 10\ 2 * 10k and 5 * 10\ k being a positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials which, the approved model has been manufactured

|F No WM-21(102)//99| P A KR1SHNAMOORTHY, Director, Legal Metrology5:on Till"; G A / 1 T TE OF INDIA • SEI'TF.MBIiR 22,2001/TOiADRA 3 1, 192? | P A R I 1 I - - S L I' 3(II)J 5201

New Delhi, the 7th September, 2001

S.O. 2503.—Whereas the Ccniral Government, after considering the report submitted to it by the prescribed authority, alongwith model approval and test results, granted by Ncdcrlands Meetinstitutc, Ncderland's is satisfied that the Model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by Sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of "Liquefied petroleum Gas dispensing pump" w ith digital display (hereinafter referred to as the model) manufactured by M/s. Technisch Ingenicursbureau E. Mcurs B V , Aalsvoort 36, 7241 MA Lochem, The Netherlands and sold in India by M/s. Mercantile and Industrial Development Company, Plot No VJ/44, Scheme 6, Road 2, Sion (E) Mumbai-400022 in India and which is assigned the approval mark 1ND/1.V2001/66,

SINPLt; .DOUHLL OfMVfJt

The model (sec figure) is a Liquefied Petroleum Gas dispensing pump. The model has miximum flow rate of 60 hire per minute and a minimum flow rate of 6 litres per minute. The minimum measured quantity is 5 litres. The display is electro-mechanical or Liquid Crystal Diode (LCD). It is used for dispensing Liquefied Petroleum Gas (butane, propane and mixture of mainly butane and propane).

[F. No. WM-21(134)/2000| PA. KRISHNAMOORTHY, Director, Legal Metrology5202 HIE GAZETTE 01 INDIA SEPTFMHrR 22, 2001'UHADRA 11 1921 IPARTIT-SU. l 5203

New Delhi, the 7th September, 2001

S.O. 2504.—Whereas the Central Government, after considering the report submitted to it by the prescribed .-nil honh. is satisfied that I he model described in the said report (Ihc figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now. therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of the self-indicating, non-automatic (lablc top t>pc) weighing instrument with digital indication of "CTJ" series of High accuracy (Accuracy class II) and with brand name "CITIWEIGH" (hereinafter referred to as the model), manufactured by M/s. Tejas Exports, 120 Sardar Palcl, Diamond Market, Amn Chambers, Near Samjuba Hospilal, Bapu Nagar, Ahmedabad-380024 and which is assigned Ihc approval mark IND/09/2001/80,

The said model (figure given) is a non-automatic weighing instrument with a maximum capacity of 11 kg and minimum capacity of 50 g The verification scale interval (c) is lg 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-Hertz alternate current power supply,

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

[F. No. WM-21(148)/20001 P A. KRISHNAMOORTHY, Director, Legal Metrology • 5 2 04

T HE G A Z E T TE OF I N D IA S E P T E M B ER 2 2 , 2 0 0 1 / B H A D RA 3 1, 1 9 23

[ P A RT U —S EC 3 ( i i )]5205

New Delhi, the 7th September, 2001

S.O. 2505.—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, 19K7 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 T\pe) weighing instrument with digital indication of "CTL" series of Medium accuracy (Accuracy class III) and with brand name "CITIWEIGH" (hereinafter referred to as the model), manufactured by M/s Tejas Exports, 120 Sardar Patel, Diamond Market, Arun Chambers, Near Samjuba Hospital, Bapu Nagar, Aluncdabad-380024 and which is assigned the approval mark IND/09/2001/81;

The said model (figure given) is a weighing instrument with a maximum capacity of TO kg and minimum capacity of 100 g. The verification scale interval (c) value is 5g It has a tare device with a 100 per cent subtraclive retained tare effect. The Light Emitting Diode display indicates the weighing result The instrument operates on 230 volts and frequency 50-HerU alternate current power supply;

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

[F No WM-21(14")/2OOOJ P A KR1SHNAMOORTHY, Director, Legal Metrology 2804 GV2001—145306 THE GAZETTE OF INDIA : SEPJEMBER 22, 2001 /BHADRA 31, 1923 [PART It—SEC. 3(ii)] 5207

New Delhi, the 7th September, 2001

S.O. 2506.—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) i s in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy' over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by Sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of the self-indicating, non-automatic (Platform type) weighing instrument with digital indication of "KP" series of Medium accuracy (Accuracy class III) and with brand name "C1TIWEIGH" (hereinafter referred to as the model), manufactured by M/s Tejas Exports, 120 Sardar Patel, Diamond Market, Arun Chambers, Near Samjuba Hospital, Bapu Nagar, Ahmcdabad-380024 and which is assigned the approval mark IND/09/2001/82;

The said model (figure given) is a weighing instrument with a maximum capacity of 60 kg and minimum capacity of 200 g The verification scale interval (e) value is 10 g. 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 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 5 tonne and with number of verification scale interval (n) in the range of 500 to 10,000 for 'e' value of 5 g or more and with 'e' value 1 * 10k, 2 * 10k, 5 * 10k, k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model has been manufactured.

[F. No. WM-21(148)/2000] PA. KRISHNAMOORTHY, Director, Legal Metrology.

^ "S HIE GA/UJTE OF INDIA SEPTKMHER 22.2001/BHADRA 31. 1923 TPART H—SFC Idill 5209

New Delhi, the 7th September, 2001

S.O. 2507.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the Model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions.

Now, therefore, in exercise of the powers conferred by the third proviso to sub-section (3) and sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model in respect of automatic filling machine (gravi-metric type) of EC-GD series model (herein referred to as model) with brand name 'ECLAT manufactured by M/s. Eclat Auto Packs Pvt. Ltd., 31, S. V. Co-op. Industrial Estate, Op; IDPL R & D, Balanagar, Hydcrabad-500037 and which is assigned the approval mark IND/09/2001/05;

The model is an Automatic weighing machine (gravi-metric type). The capacity range is 2 g to 2000 g, It is used for non-viscous liquids like mineral water, milk,, butter-milk, arrac etc. The range of filling is 13 packs per minute (max.) The instrument operates on three phase AC 230 Volts and 50-Hertz.

[F. No. WM-21(170)/2000] PA. KRISHNAMOORTHY. Director, Legal Metrology5210 THE GAZETTE OF INDIA SEPTEMBER 22,2001/BHADRA 31, 1923 [PART II—SEC 3(H)] 5211

New Delhi, the 7th September, 2001

S.O. 2508.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the Model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by the third proviso to sub-section (3) and sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model in respect of automatic filling machine (Auger filler) of EC-AD series (herein referred to as model) with brand name 'ECLAT' manufactured by M/s Eclat Auto Packs Pvt. Ltd., 31, S.V. Co-op. Industrial Estate, Op : IDPL R & D, Balanagar, Hyderabad-500037 and which is assigned the approval of model mark IND/09/2001/04;

The model is an Automatic filling machine (Auger filler). The capacity range is 5 g to 5000 g. It is used for non-frcc flowing products such as milk powder, coffee powder, ground spices, tooth powder, chemical and pharmaceutical powder, etc The range of filling is 12 pouches per minute (max.). The instrument operates on three phase AC 440 Volts, 50-Hcrt/.

[F. No. WM-21(170)/2000] PA. KRISHNAMOORTHY, Director, Legal Metrology5212 TIIE GAZETTE OF INDIA: SEPTEMBER 22, 2001 BHADRA 31,1923 [PART TI S IC 3(ii)l 5213

New Delhi, the 7th September, 2001

S.O. 2509.—Whereas the Central Government, after considering the report submitted to it by the prescn^d authority, that the Model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of 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 the third proviso to sub-seciion (3) and sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the Certificate of approval of the Model in respect of automatic liquid filling machine (piston filler) of EC-PD scries model (herein referred to as model) with brand name 'ECLAT' manufactured by M/s. Eclat Auto Packs Pvt. Ltd., 31, S. V Co-op Industrial Estate, Op : 1DPL R & D, Balanagar, Hydcrabad-500037 and which is assigned the approval of Model mark IND/09/2001/03;

The Model is an Automatic liquid filling machine (piston filler). The capacity range is 2 g to 2000 g It is used for viscous liquids like vanaspathi, ghee, butter, paints, etc. The range of filling is 16 pouches per minute (max.). The instrument operates on three phase AC 440V. 50 Hz

|F. No. WM-21(170)/20001 PA KRISHNAMOORTIfY, Director, Legal Metrology 2804 Gl/2001-155214 THE GAZETTE OF INDIA: SEPTEMBER 22. 2001/BHADRA 31, 1923 [PART H—SEC. 3(iM 5215

New Delhi, the 7th September, 2001

S.O. 2510.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the Model described in the said report (see the figure given below) is in conformity with the provisions of ihe Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by the third proviso to Sub-section (3) and Sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model in respect of automatic filling machine (cup filler) of EC-CD series (herein referred to as model) with brand name 'ECLAT¹ manufactured by M/s Eclat Auto Packs Pvt. Ltd., 31, S.V Co-op. Industrial Estate, Op : IDPL R & D, Balanagar, Hyderabad-500037 and which is assigned the approval of Model mark IND/09/2001/02;

The Model is an Automatic filling machine (cup filler). The capacity range is 2 g to 5000 g. It is used for free Flowing products like tea, spices, sugar, rice, salt, granules, detergents, Pharmaceuticals, seeds, agricultural products, etc. The range of filling is 12 pouches per minute (max). The instrument operates on three phase AC 220 Volts and 50 Hz.

[F. No WM-21(170)/2000| P A KRISHNAMOORTHY, Director, Legal Metrology^2If) Till G A / E T fl OF INDIA SEPT F.MBJ'R 22, 2001/BHADRA ^ 1, 1923 |PART D—Sic 3(n)| 5217

New Delhi, the 7th September, 2001

S.O. 2511.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the model described in the said report (see the figure given below) is in conformity with the provisions of lhc Standards of Weights and Measures Act, 1976 (60 of 1976) and the Slandards 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 its accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred b> the third proviso to Sub-section (3) and Sub-scclion (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model in respect of automatic filling machine (Weigh filler) of EC-WD series (herein referred to as model) with brand name ECLAT' manufactured by M/s. Eclat Auto Packs Pvt Ltd,31,S V Co-op Industrial Estate, Op IDPLR&D, Balanagar, Hydcrabad-500037 and which is assigned the approval of Model mark IND/09/2001/01,

The model is an Automatic filling machine (weigh filler). The capacity range is 5 g to 5000 g. It is used for free flowing products such as tea, sugar, ncc, seeds, confectionery, biscuits, potato-chips, etc. The range of filling is 12 pouches per minute (max). The instrument operates on three phase AC 440 V, 50 Hz.

[F. No. WM-21(170)/2000] P A KR1SHNAMOORTHY, Director, Legal Metrology.

5218 THE GAZETTE OF INDIA: SEPTEMBER 22,2001/BHADRA 31, 1923 [PART II—SEC. 3(ii)] 5219

New Delhi, the 7th September, 2001

S.O. 2512.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions,

Now, therefore, in exercise of the powers conferred by Sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of the non-automatic weighing instrument mechanical steel yard type Weighbridge of medium accuracy (class III) of 'NSM 6039¹ series and also dial recorder type model DRM 6219' with brand name "Weightcch" (hereinafter referred to as the model) manufactured by M/s. Neo weigh Tech Pvt Ltd., 55-10-36, MMTC Colony, HB Colony, Visakhapatnam-530022, and which is assigned the approval mark IND/ 09/2001/305,

The Model is a weighing instrument with a maximum capacity of 40,000 kg and minumum capacity of 100 kg.

The verification scale interval (e) is 5 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 instrument of similar make, accuracy and performance of same series with maximum capacity of more than 5 tonne and with number of verification scale interval (n) in the range of 500 to 10,000 for 'e' value of 5 g or more and with 'e' value of 1 * 10k, 5 * 10 k\ 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 has been manufactured.

[F. No WM-21(182)/20O0] PA. KRISHNAMOORTHY, Director, Legal Metrology.

5220 THE GAZETTE OF INDIA SEPTEMBER 22,2001 /BHADRA 31, 1923 [PART H—Src 3001 5221

New Delhi, the 7th September, 2001

S.O. 2513.—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 (Approvrl 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 "GF-6000" scries of High accuracy (Accuracy class II) and with brand name "AND Company limited, Japan" (herein after referred to as the model), manufactured by M/s. Avon Weighing Systems Private Limited, 5E, Vaibhav, 140 S.V Road, Irla, Vile Parlc (W) Mumbai-400 056 and which is assigned the approval mark IND/09/2001/62;

The said model (figure given) is a non-automatic weighing instrument with a maximum capacity of 6100g and minimum capacity of 5g. The verification scale interval (c) is lOOmg 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 alternate current power supply.

Further, in exercise of the powers conferred by Sub-section (12) of Section 36 of the said Ac⁴, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument oi 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 V value of lmg to 50 mg and with number of verification scale interval (n) in the range of 5000 to 1,00,000 for Lc'value of 100 mg or more and with'e¹ value 1 * 10\ 2 * 10k, 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(164)/2000J P.A K.RISHNAMOORTHY, Director, Legal Metrology 2804 GI/2O01—165222 THE GAZETTE OF INDIA SEPTEMBER 22,2001/BHADRA 31, 1923 |PART H -SEC- 1(JJ" 5223

New Delhi, the 7th September, 2001

S.O. 2514.—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 "GF¹ series of special accuracy (Accuracy class I) and with brand name "AND Company limited, Japan" (hereinafter referred to as the model), manufactured by M/s. Avon Weighing Systems Private Limited, 5 E, Vaibhav, 140 S V Road, Irla, Vile Parle (W) Mumbai-400 056 and which is assigned the approval mark IND/09/2001/63;

The said model (figure given) is a non-automatic weighing instrument with a maximum capacity of 1210 g and minimum capacity of lg The verification scale interval (e) is 10 nig. 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-Hcrtz alternate current power supply;

Further, in exercise of the powers conferred by Sub-section (12) of Section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make, accuracy and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) more than or equal to 50,000 (n £ 50,000) and with V value 1 * 10k, 2 * l()k, 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(164)/2000] P A KRISHNAMOORTHY, Director, Legal Metrology5224 THE GAZETTE Op INDIA: SEPTEMBER 22,2001 /BHADRA 31, 1923 [PART H— SEC. 3(ii)] 5225

New Delhi, the 7th September, 2001

S.O. 2515.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, along with Ihe model approval and test results, granted and approved by the Ministerio Da Industria, Do Comenco E Do Turismo, Instituto Nacional De Mctrologia, Normalizacao E Quahdade Industrialnmetro Brazil is satisfied that the Model described in the said report (sec the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 to 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 19K7 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by the third proviso to sub-section (3) and sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the dispensing pump (Multi grade type 2-product x 4 hose type) and with brand name "Wayne" of "Century G 2009 P" series (herein after referred to as the Model) manufactured by M/s. Wayne Division Dresser Industries Inc, LTDA, divisao Wayanc Brazil and sold in India by M/s Tcletech Instrumentation Pvt. Ltd., 28/48, Kharadi, Off Nagar Road, Pune- 411014 without any alteration before or after such approval and which is assigned the Model approval mark IND/13/ 2000/45,

The model is a dispensing pump with maximum rate of flow in the range of 50 litre per minute to 75 litre per minute The minimum rate of flow 5 litre per minute It operates on 220V/230V single phase AC supply It has prc set facility lo deliver by money value or volume. The dispenser allows iwo simultaneous supplies at a time.

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 covers other models of the similar make, accuracy and performance manufactured by the same manufacturer with the same principle and design and with the same materials with which the model has been manufactured, type G—2001-P, G—2201-P, G—2003-P, G—2203-P, G—2203-P, G—2007-P, G—2207-P and G—2209-P.

[F. No. WM-21(187)/2OO<)1 P A. KRISHNAMGORTHY, Director, Legal Metrology5226 THE GAZETTE OF INDIA: SEPTEMBER 22,200I/BHADRA 31, 1923 [PART H-^SEC. 3fim 5227

New Delhi, the 7th September, 2001

S.O. 2516.—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 6f the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said model is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the automatic filling machine with digital indication of "WF I" series and with brand name "Cybemetik Technologies" manufactured by M/s. Cybernetik Technologies Pvt Ltd., Plot No. 27, GAT 281/1, Near Ghotwade Phata, Village Kasar Amboli, Taluk Mulshi, Distt. Pune-411004 and which is assigned the approval mark IND/09/2001/43;

The model is an automatic weighing machine. The machine can be adjusted to deliver any range between 5 kg to 50 kg. It can fill 1 to 10 fills per minute (maximum) depending upon the product specifications and quantity of the bag. The machine is designed to fill free flowing products such as Tea, coffee, spices, sugar, granules, chemical & pharmaceutical products etc. It operates on 220 volt, 50 Hertz alternate current power supply. The display is vacuum fluorescent display type.

[F. No. WM-21(200)/200D] P. A. KRISHNAMOORTHY, Director, Legal Metrology5228 THE GAZETTE OF INDIA : SEPTEMBER 22,2001/BHADRA 31, 1923 [PART H—SEC. 3(ii)l 5229

New Delhi, the 7th September, 200 ]

S.O. 2517.—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 automatic filling machine with digital indication of "BBFI" series and with brand name "Cybernctik Technologies" manufactured by M/s. Cybernetik Technologies Pvt. Ltd., Plot No. 27, GAT 281/1, Near Ghotwade Phata, Village Kasar Amboli, Taluk Mulshi, Distt. Pune-411004 and which is assigned the approval mark IND/09/2001/44;

The model is an automatic weighing machine. The machine can be adjusted to deliver any range between 50 kg. to 2000 kg. weight. It can fill 1 to 2 fills per minute (maximum) depending upon the product specifications and quantity of the bag. The machine is designed to fill solid free flowing products such as tea, coffee, spices, sugar, granules, chemical & pharmaceutical products etc. It operates on 220 Volt, 50 Hertz alternate current power supply. The display is vacuum fluorescent display type.

[F. No. WM-21(200)/2000] P A. KRISHNAMOORTHY, Director, Legal Metrology 2604 GI/2001—175230 THE OAZETTE OF INDIA SEPTEMBER 22, 2001 /BHADRA 31, 1923 [PART II— SEC 3(U)1 5231

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 3rd September, 2001

S.O. 2518.—Whereas by notification of the Government of India in the Ministry of Petroleum and Natural Gas" SO No. 1016(E) dated the 7th October, 1999, S O. No. 921(E) dated the 6th October, 2000 and S.O. No. 953 dated the 1 Oth May, 2001 issued under Sub-section (1) of Section 3 of Petroleum and Minerals Pipelines (Acquisitfbn 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 land, specified in the Schedule appended to those.notification for the purpose of laying pipeline for transport of liquid petroleum gas through the National Capital Territory of Delhi under Jamnagar- Lotn LPG Pipeline Project by Gas Authority of India Limited;

And, whereas, the copies of the said Gazette notifications were made available to the public on the 26th October 1999, 27th October 2000 and 26th May 2001 respectively;

And, whereas, the Competent Authority has under Sub-section (1) of Section 6 of the said Act, submitted report to the Central Government;

And, whereas, the Central Government has after considering the said report is satisfied that the said land is required for laying the pipelines for the transport of liquefied petroleum gas;

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 said lands specified in the Schedule appended to this notification is hereby acquired for laying the pipelines;

And, further, in exercise of the powers conferred by Sub-section (4) of Section 6 of the said Act, the¹ Central Government, 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 Gas Authority of India Limited, free from all encumbrances,

SCHEDULE

District

Tehsil

Village

Survey No

Madanpur Khadar

673 Min South Delhi KalkaJi

674 Min

678 Min

1142/679 Min

719 Min

720

722

723

734

735

736

1076/78

747

748 Area to be Acquired Bigha

Visva

10 .00

01 Area in Hectrs.

0.1341

0.0964

[File No. L-14014/10/00 G.P.] SWAMI SINGH, Director5212 . THE GAZETTE OF INDIA: SEPTEMBER 22,2001 /BHADRA 31, 1923 [PART II—SEC. 3(ii)l

New Delhi, the 6th September, 2001

S.O. 2519.—In pursuance of proviso to rule 4 of the Petroleum and Minerals Pipeline (Acquisition of Right of User in Land) Rules, 1963, under Section 17 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Competent Authority, Vadodara, in consultation with the Gas Authority of India Limited, with whom the right of user in land in that area has been vested hereby declares the date of termination of operation of laying gas pipelines from G.G.S.-III to C.P.F., Gandhar mentioned in column (8) of the Schedule annexed herewith.

SCHEDULE

District

Date of

Village

Tehsil

Publication

( 4)

( 3)

( 2)

( 1)

1-4-2000 Bliaruch

Paldi

Vagra

1-4-2000 Bharuch Vagra

Chanchavcl

1-4-2000 Bharuch

Muler

Vagra

Bharuch

1-4-2000 Vagra

Gandhar

Notification U/S. 6(1)

Notification U/S. 3(1)

S.No. &

Date of

S.No. &

Date of Termination of Operation

Date

Publication

Date

( 7)

( 6)

( 8) ( 5)

27-02-2001 8-8-2000

740

742-E

27-02-2001

742-E

8-8-2000

740

27-02-2001

742-E

8-8-2000

740

8-8-2000

27-02-2001

742-E

740

[FileNo. L-1-ii W/2/OT ^ /.J SWAMI SINGH, Director5233

New Delhi, the 6th September, 2001

S.O. 2520.—In pursuance of provision to rule 4 under explanation of the Petroleum and Minerals Pipeline (Acquisition of Right of User in Land) Rules, 1963, framed under Section 17 of Petroleum and Minerals Pipelines (Acqui- sition of Right of User in Land) Act, 1962 (50 of 1962), the Competent Authority, Vadodara, in consultation with the Gas Authority of India Limited, with whom the right of user in land in that area has been vested or ownership of the pipeline in that area vest as the case may be, hereby declares the date of termination of operations of laying natural gas pipelines from Akalbara "T Point to Belgium Glass and Ceramic Company, Dabhasa as mentioned in column (8) of the Schedule appended annexed herewith

SCHEDULE

U/S

Notification U/S,3(l)

Notification 1.6(1)

Date of Termination

S.No. & of Operation District

Date of

Tchsil

Date of

S.No. &

Village

Publication Date

( 2)

( 7)

( 6)

( 8) ( 1)

( 4)

( 5)

( 3)

19-01-2001 56-E

20-02-2001 Padra

Vadodara

22-07-99

Akalbara

2236

19-01-2001 56-E

20-02-2001 Vadodara Padra

22-07-99

Dabhasa

2236

[FileNo. L-14014/7/99-G.P.] SWAMI SINGH, Director5234 THE GAZETTE OF INDIA. SEPTEMBER 22, 2001/BHADRA 31.1923 FPART H—-SEC 3dttl 5235

New Delhi, the 6th September, 2001

S.O. 2521.—Whereas by notification of the Government of India in the Ministry bf Petroleum and Natural Gas number SO. 1103 dated the 16th Ma^ 2001, issued under Sub-section 1 of Section 3 of Petroleum and Minerals Pipelincs-(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 nght of user in the land, specified in the Schedule appended to that notification for the purpose of laying pipeline for transport of natural gas through Nallur EPS to Prem Chemco Pipeline Project in the State of Tamil Nadu by the Gas Authority of India Limited,

And, whereas, copies of the said Gazette notifications were made available to the public on the 19th day of May 2001,

And, whereas, the Competent Authority has under sub-section (1) of Section 6 of the said Act submitted report to the Central Government;

And, whereas, the Central Government has, after considering the said report decided to acquire the right of user in the land specified in the Schedule appended to this notification;

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

And, further, in exercise of the powers conferred by sub-section (4) of that Section, the Central Government directs that the right of user in the land shall instead of vesting in the Central Government, vest on this ilate of the publication of this declaration in the Gas Authority of India Limited, free from all encumbrances.

SCHEDULE

District

Tehsil

Village

Survey No.

Area to be Acquired For ROU in Hect.

36/1

74, Nallur

0.00.5

Tiruvarur

Mannargudi

24—11

0.07.0

24—12B

0.04.0

24—1A

0,03.0

25—2A

0.01.0

25—3A

0.03.0

24—1

0.00.5 G.P.

0.00,5 G.P.

25—1

Total

0.19.5

[FileNo.L-14014/7/Ol-G.P.J SWAMI SINGH, Director5336 THE GAZETTE OF INDIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART II—SEC 3(ii)]

New Delhi, the 6th September, 2001

S.O. 2522.—In pursuance of proviso to rule 4 under explanation of the Petroleum and Minerals Pipeline (Ac- quisition of Right of User in Land) Rules, 1963, formed under Section 17 of Petroleum and Minerals Pipeline (Acquisi- tion of Right of User in Land) Act, 1962 the Competent Authority, in consultation with the Gas Authority of India Limited, Rajahmundry (A.P.) with whom the right of "ser in land in that area has vested of ownership of the Pipeline in that area vest as the case may be, hereby declares the date of termination of operations of laying natural gas Pipelines from Kaikaluru EPS to Sri Rama Ceramics Limited, Chevuru as mentioned in column 8 of Schedule appended.

SCHEDULE

Nntifimttnn U/S. 6(1)

Notification U/S 3(1)

Date of Termination

of Operations Tehsil

Village

District

Date of Publication

S.O. No. & Date

S 0. No. & Date

of Gazette

Date of Publication of Gazette

( 8)

( 6)

( 7)

( 4)

( 5)

( 3)

( 2)

17-02-2000

Gazette S.O. No.

Gazette SO. No.

Chevuru

Mudenepalli

(D Krishna

No. 69

90(E)

3062

No. 43

Dated

12-10-99

01-02-2000

02-02-2000

23-10-99

[File No. L-14014/12/99-G.P.] SWAMI SINGH, Director5237 2804 GI/2001—195238 THE GAZETTE OF INDIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART H—SEC. 3(ii)]

New Delhi, the 6th September, 2001

S.O. 2523.—Whereas by notification of the Government of India in the Ministry of Petroleum and Natural Gas number 954(E) dated the 10th May, 2001, issued under Sub-section 1 of Section 3 of 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 Goyernment declared its intention to acquire the right of user in the land, specified in the Schedule appended to that notification for the purpose of laying pipeline for transport of natural gas through Kamalapura Gas Compressor Station to Thiruvarur Tamil Nadu Civil Supplies Corporation Pipeline Project in the State of Tamil Nadu by the Gas Authority of India Limited,

Whereas, copies of the said Gazette notification were made available to the public on the 18th day of May 2001;

Whereas, the Competent Authority has under Sub-section (1) of Section 6 of the said Act, submitted report to the Central Government;

WheYeas, the Central Government has, after considering the said report, decided to acquire the right of user in the lands specified in the Schedule appended to this notification ;

And, further, in exercise of the powers conferred by sub-section (4) of that Section, the Central Government directs that the right of user in the land shall instead of vesting in the Central Government, vest on this date of the publication of Ihis declaration in the Gas Authority of India Limited, free from all encumbrances.

SCHEDULE

Town/Village

Block No. T.S. No.

Tchsil

District

Ward No.

Area to be Acquired For ROU in Hcct.

Tiruvarur Thiruvarur

Tiruvarur Municipal Town

Tiruvarur Kodavasla 104, Pcruntharakudi

280-4 269 279-1 268-2 267-1B2 267-1B 553-1 553-2B 553-3 553-4A1 553-4B 55O-1B 550-3A1 549-2 549-3 546 545 568-1 567-2A 125-2D 124-7 122-2A 122-2B 122-3 114-1 111

0.00.5 0.02.0 (Por) 0.02.0 0.03.0 0.00.5 0.01.5 0.00.5 0.00.5 0.01.0 0.01.0 0 02.0 (Por) 0.05.0 (Por) 0.00.5 0.00.5 0.00.5 (Por) 0.01.5 (Por) 0.02.5 (Por) 0.02.0 (Por) 0.01,0 0.12.0 0.04.0 0.04 0 0.13.0 0.01.0 (Por) 0.11.5 0.02.0

Total

0.47.5

[File No. L-14014/17/99 G.P.] SWAMI SINGH. Director5239 5240 THE GAZETTE OF INDIA: SEPTEMBER 22,2001BHADRAPADA 31,1923 [PART II— SEC. 3 (ii)]

New Delhi, the 17th September, 2001

s. o.2524.~ in pursuance of clause (a) of section 2 of the Petroleum and Minerals Pipeline (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby authorise the persons mentioned in the column (1) of the Schedule given below to perform the functions of the competent authority under the said Act for laying of the pipeline by M/s Gas Transportation and Infrastructure Company Limited (GTICL) having its Registered office at C/o M/s Gas Transportation and Infrastructure Company Limited (GTICL), R.P.L. House, 3rd floor, 15, Walchand Hirachand Marg, Ballard Estate, Mumbai-400038 for transportation of regasified natural gas in the State of Madhya Pradesh from the LNG terminals at Jamnagar and Hazira in Gujarat for distribution to various consumers located in the State of Madhya Pradesh in respect of the areas mentioned in column (2) of the Schedule.

SCHEDULE

Name and Addresses of the persons Area of jurisdiction

(2)

(1)

Districts of Jhabua, Dhar, Ujjain, Indore, Dewas, Sehore and Bhopal of Madhya Pradesh State:

Shri M.C. Reja, Retired MP State Administrative Service Officer, C/o M/s Gas Transportation and Infrastructure Company R.P.L. House, 3rd Floor, 15, Walchand Hirachand Marg, Ballard Estate, Mumbai-400038.

(2)

Districts of Jhabua, Dhar, Ujjain, Indore, Dewas, Sehore and Bhopal of Madhya Pradesh State:

Shri N.S. Kanesh, Retired MP State Administrative Service Officer, C/O M/s Gas Transportation and lnfrastructu>£ Company R.P.L. House, 3fJ Floor, 15, Walchand Hirachand Marg, Ballard Estate, Mumbai-400038.

Note:

M/s Gas Transportation and Infrastructure Company Limited shall observe5241 the following conditions for laying the said natural gas pipeline in the State of Madhya Pradesh, namely;

(i) The route and alignment of the proposed natural gas pipelines shall be kept separate and distinct, at a distance of half a kilometer or more, from the route and alignment of the crude oil pipelines of the Bina Refinery Project for which right of user in land have already been acquired;

(ii) Where the routes and alignments of the above mentioned two pipelines cross each other, the points of crossings shall be decided by mutual agreement between the companies laying the two pipelines; and (in) The right of user in land acquired in pursuance of this notification shall be only for laying the proposed natural gas pipeline.

[No L-14014/9/01-GP] SWAM1 SINGH, Director5242 THE GAZETTE OF INDIA: SEPTEMBER 22,2001BHADRAPADA 31,1923 [PART II—SEC. 3 (ii)] 5243

New Delhi, the 17th September, 2001

s. o. 2525.— Whereas by notification of the Government of India, Ministry of Petroleum and Natural Gas No. S.O. 690 dated the 29th March, 2001 and S.O. No. 1342 dated the 11th May, 1999 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 land specified in the Schedule appended to this notification for purpose of laying pipeline for the transport of natural gas;

And whereas, the copies of the said Gazette notification were made available to the public from 19th April, 2001 to 28th April, 2001 and 20/07/1999 respectively;

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

And further in exercise of the powers conferred by sub-section (4) of section 6 of the said Act, the Central Government hereby directs that the right of user in said land shall, instead of vesting in the Central Government, vest, from the date of the publication of the declaration, in the Gujarat State Petroleum Corporation Limited, Block No. 15, 3rd Floor, Udyog Bhavan, Sector No. 11, Gandhinagar -382 011,Gujarat, free from all encumbrances.

5244 THEGAZETTEOFINDIASEPTEMBER22,2001BHADRAPADA31,1923 [PART II—SEC. 3 (ii)]

District: BHARUCH

State : Gujarat

Name of

Area

Block No. /

Survey No.

Village

Centare

Hectare Are

Taluka

District

Reference to

publication of

Notification

u/s. 3(1)

•

S.O.No

. Date of

Gazette

(5)

(2)

(4)

(6)

(3)

(1)

(7) (8) 0)

ALDAR

29/03/2001

244

Bharuch

690

Bharuch

241

239/B

238

Bharuch-Palej Road SH-6

10 00 41

23 20 00

PAGUTHAN

328/A

329

331

335

349

350

352

396

395

394/P

354

355/P

356/P

Drain

234

233/A

KOTHI

317

770

314

313

311

310

312

298

294

295

296

297

279

280

20 00 30

00 08 00

20 00 12

00 26 20 00 24 20 00

00 01 00 00

10 00 06

00 20 80 00

30 00 15

00 06 40 00 19 60 00 21 40 00 22 00 00

00 07 00 00

00 06 40 00 03 20 00 09 40 00 29 00 00 03 30 524?

ill (²) (³) (⁴) (⁵)

(7) W W(6) Cart track (Torrent -Kothi) 02 KOTHI (Cont...) 00 50 40 274 00 03 00 275 17 00 THAM

Kothi - Metalled Road

90 143

02 02

District: BHARUCH

State: Gujarat

Name of Name of

Name of

Area

Block No. /

Survey No.

Centare

Hectare

Are

Taluka

District

Village

Reference to

publication of

Notification

u/s. 3(1)

S.O.No.

Date of

Gazette

(2)

(3) (4)

(5) (1)

Bharuch

1342 11-05-1999 Bharuch

ALIPUR (6)

(7)

(9)

(⁸)

80 54/P

00 12

60 48

00 21

60 47

00 23

[No. L-14014/4/99-GP(Pait-m]

SWAMI SINGH, Director

2804O/2001—19

5246 THEGAZEnEC"rINMA:SEFrEMBER22.2001BHAr"lAPADA31,1923 [PART IH&c. 3 001

52*7

5248 THEGA2ETTEOFINDlA:SEPrEMBER22,2001BHADRAPADA31,1923 IPARTH—SBC. 3(li)] 5249 5250 THEGAZETrEOFINDIA:SEPTEMBER22,2001BHADRAPADA31,1923 [PARTII—SEC. 3 (ii)] 3231 5232 THE GAZETTEOF INDIA: SEFTEMBER22,2001BHADRAPADA 31,1923 [PART II—SBC.3(11)1 5233

2SMGI/2001—205ZM THE GAZETTE OF INDIA SEPTEMBER 22,2001BHADRAPADA 31,1923 [PART II—SEC. 3 (ii)] 5255 5 2 56

• n f f i G A Z E T T E OF I N D I A: S E P T E M B E R ! !, 2 0 0 1 B H A D R A R A D A 3 1 , 1 9 23

( P A RT H —S E C. 3 ( i i )]5257 5238 THEGA2ETTEOFINDIA:SEFreMBER22,2001BHADRAPADA31,1923 [PARTII—SEC, 3(ii)J 5259 5260 THE GAZETTE OF INDIA SEPTEMBER 22.2001 BHADRAPADA 31,1923 [PART II— SEC. 3 fthl 5261

2WUCJI/2(I>I—21

5262 TOEGAZETTECHrINDIA:SEPTCMBER22.2001BHADRAPADA31.l9M rp*o-rn_Kt^ i / mi

3263 W4 THE GAZETTE OF INDIA SEPTEMBER 22,2001 BHADRAPADA31,1923 [PART II— SEC. 3 (U)] 5263

S-O.2526.— Whereas it appears to the Central Government that it is necessary in the public interest that for the transport 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 CentralGovernment 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 from the date on which the copies of this ratification, 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 jof the pipeline under the land to Shri J.K. Ahuja, Competent Authority, Salaya-Mathura Pipeline (Augmentation) Project, Indian Oil Corporation Ltd., Kothi No. 1439, Sector-15, Urban Estate. Sonepat (Haryana)-131001.

SW6 THEQAZETIECffINDIA:SEFIlMBER22,2001BHADRAPADA31>1923 [PART H—SEC. 3 (u)l

Schedule

Tohsil: Rewari Di"t: Rewari State: Harvana

Khasra/Klllal Area

! Nairn of Vlltag*

No. I Hectare | Are | Sq.Mtr.

Mustatll

No.

HadbMt

No.

1 2

⁶

L i

4 19

3 2

134

HuMlnpur

0 0

22/1 22/2

15/1

15/2 16

17/1

0 0

24/1

53 82

02 02 05 02

32 06

01 05

01 06

02 02

04 04

24/2

0 0

1/1 1/2

1/3

10/1

10/2 11/1

0 0

8/1

8/2

9/1 13/1

19/1

0 0

19/2

20/2

21/1 21/2/2

0 0

6/1

6/2

0 0

00 00

04 53 77 01 05

06 02

28 00

55 04

29 78 00 06

83 00

01 01

76 02

53 01

52 03

79 04

05 02

33 07

28 28 02

53 32 06

14/2

18/12/3 23/1

23/2 23/3 24

1/1

2/3

9/1

9/2 06

83 00

01 02

0 0

03 00

04 25

28 02

77 01

07 79 06 03

I ↩

03267 3 1

1 1

1 2 1

1 ⁷

4 I

11

I 6 04 03

29 84

5 I 0 0 0 0

16 25

84 53

0 0

01 04

26 05

0 0

04 53

0 0

03 02 02 01

5 7 13/2 13/3 14 18/1 18/2 18/3 22/2 23

11/1

11/2

03 25

60 73

0 0

153

155

157

08 77 76 76 51

Rampura

232

100/5

25 Qutabpur Maula

131

00 06

2a 00 25 58 02 51

0 0

11 19/2/1

19/2/2

20 21/1

21/2

22/1

2/1

9/2 9/3

00 06

58 58

0 0 0

19 22

01 01

0 0

12 13/1/1

01 523268 THE GAZETTEOF INDIA: SEPTEMBER 22,2001BHADRAPADA 31,1923 [PJWTD—Sec. 3(ii)l I 3 |

2 1

1 1 1

I 4 |

18

10

I 5 | 0 0

6 I 04 00

I 7 30 25

0 0

96 302

00 00

51 51 KanaMajra

126

0 0 0

19/2

22/2/1

22/2/2

03 06 00

54 07 51

2/2

9/1

9/2

12 19/1

19/2

20/1/1

20/1/2

21/1/1/2

21/2/1

21/2/2

0 0 0 0 0 0 0 0 0 0 0

06 01 05 06 01 01 00 03 00 00 02

58 77 06 83 77 52 00 54 25 25 27

00 02 06

06 02

2 10 11 20 21/1 21/2 21/3

0 0 0 0 0 0 0

00 02 83 83 28 02 28

00 00

0 0 0 0 0 0

1 10/1

10/2

10/3

10/4

11

83 06 01 25 25 04

34 39

0 0

26 51 Chandawas

117

05 01

24/1

24/2

25

0 0 0

06 26 28

05 01

01 06

0 0 0 0 0 0 0

3 4 7 8/1 13 18 23

06 06 06

83 585269 1 1 1

1 2 | 3 I 17

I 4 |

3

8

13

18

19

5 I 0 0 0 0 0

6 06 06 06 06 00

1 7 | 07 83 58 07 00

0 0

12 18

06 01

07 77

44 46/2

0 0

01 00

26 51

51 51 51

186 187 188

0 0 0

00 00 00

Bhudpur

116

0 0 0 0

25 54 51 08

15/2 • 16/1 16/2 25

00 03 00 07

1 10/1 10/2 11 20 21

0 0 0 0 0 0

06 06 00 06 03 00

58 32 25 58 04 25

5 6 15 16

0 0 0 0

06 06 04 03

07 58 30 79

4/1 4/2 7 14/1 14/2 17/2

0 0 0 0 0 0

53 05 58 53 05 79

02 04 06 02 04 03

45/1 208/2 221

0 0 0

01 00 00

01 51 25 M04Q/2001-225270 THEGAZETTEOTINDIA:SH¹TEMffiR22,2(X)lBHADRAPADA31,1923 [PART It—SBC. 3 (ti)l 6 | I 4 | I 5 | 1 2 | 3 I 1 1 7 1 OotalOarti 119 24 0 00 21 25 3

0 0

21 22

1/2

1/3

58 06

79 03

28 02

32 OS

82 06

58 32 06

00 03

25 04 04

05 01

77 04

55 00

10/1

10/2

201

58 05

76 Aaspur

114

0 0

2/2

3 8

12 19

53 02 06

58 06

58 02

02 05

06 01 01 05

0 0 0

06 06

58 58

0 00

0 01

01 113

8 06

83 06

0 06

07 00

25 06

10/1 Oindokhar 14 17 00 06 00 58 0 0 0 0 05 01 56 26 18 23/1 83 31 23/2 05 01 ↩

0 525271 [ 2 |

I 6

1 1 I

3 ! 38

4 I

16

24

25

00 03 06

I 5 I 0 0 0

1 7 | 75 29 58

0 0 0 0 0 0 0 0

3/1 3/2 8 9 12 19 20 21

02 04 02 04 05 00 01 00

53 30 78 05 56 26 02 00

0 0 0 0 0

4 7 14 17 24

06 04 08 06 06

58 05 60 58 58

3 4 7 8 13 14 18 23

0 0 0 0 0 0 0 0

25 58 55 53 32 51 83 32

00 06 04 02 06 00 06 06

60/2 75 81 330 339

0 0 0 0 0

00 00 01 00 00

25 76 01 51 76 Latana

220

16 25

0 0

83 83

06 06

4 5 6 7 13 14 17 18 19 22

0 0 0 0 0 0 0 0 0 0

01 05 01 05 01 13 01 13 08 18

01 82 26 82 52 91 01 91 32 97

15 16

0 0

60 39

08 12

1/3

263272 THE GAZETTEOF INDIA: SEPTEMBER 22,2001BHADRAPADA 31,1923 [PART 0—Sac. 3 (ii)] 1 5 | 1 2 6 I 1 3 1 1 1 7 I 21 26 1 * 10 11 0 0 01 03 04 15

5/1 5/2

6 7

104 0

70 0

83 0

78 0 0

77 0

07 00

33 25 0

56 0

52 0

10671.3

26 R4puraKhalM

21/2

111

1/1

5/1

14 0

09 0

25 0

20 0

25 62 0

06 0

28 •Humr

321

10 11

20 21

70 0 0

03 06

83 58 0 0

06 03

04 0

10 25/1/1

52 0 0

25/1/2

25/2

5/1

5/2 6 0

25 0

58 0

15/1

224

06 06

83 83 Stwfchpur SNkarpur

16 25

31 0

00 0

00 04

55 0

32 58

10/1

0 0

10/2

11/1

535273 1" 1 II 2 II ³ | I A—J8 3^ 20 8 06 06 06 04 02 00 01 01 02 00

I 5 | 0 0 0 0 0 0 0 0 0 0

83 58 81 28 51 77 52 02 25

I 4 | 5 6 15 16 17 24/1 24/2 24/3 24/4 25/1

06 06 06 00 05 00 06

4 7 14 17/1 17/2 23 24

0 0 0 0 0 0 0

83 58 83 78 82 25 58

0 0 0 0 0 0

05 01 06 05 06 06

31 52 32 56 83 83

3 4 8 13 18 23

2 3 8 9/1 12 10 22/1 22/2

00 06 03 03 06 06 03 02

00 83 04 70 58 83 04 28

0 0 0 0 0 0 0 0

2 0 11 12 10 20 21

0 0 0 0 0 0 0

58 82 53 30 51 32 83

06 05 02 04 00 06 06

1/1

10/2

0 0

06 02

83 02

0 0 0 0 0

01 01 00 00 00

57 60 61 62/2 244

52 52 76 76 253274 THEGAZETTEC":'INDIA:SEPTEMHER22,2001BHADRAPADA31,1923 (PARTH—SHC.3(U)1 1 3 |

r i i Mustfapur

1 2 | 25"

1 5 | 0 0 0 0 0

I " 6 15/1 15/2 16 25

1 7 59 29 28 83 07

1 6 07 03 02 06 06

0 0 0 0 0 0 0 0

4 5 e 7/1 14 17 24/1 24/2

25 83 04 05 58 83 58 00

00 06 03 04 06 06 06 00

0 0 0 0 0 0 0

08 06 03 03 00 06 06

83 63 54 54 00 58 83

4/1 7 13 14 17 18 23

3 8 13 18 19 22/1 22/2 23

0 0 0 0 0 0 0 0

06 06 06 05 01 02 03 00

58 07 58 31 52 78 29 76

0 0 0

77 00 83

2 12/3 22

01 00 06

1 2 9 10 11/1 11/2 20 21

0 0 0 0 0 0 0 0

01 05 00 05 04 01 06 01

77 06 51 56 81 77 58 77

0 0 0 0

61 227 231 233

01 51 51 51

01 00 00 005275

1 3 |

1 1

Tahna Dlpalpur

1 2 | 255

I 4 ] 19 22

I 5 | 0 0

8 I 05 06

I 7 | 56 83

2 9 11 12 19 20 21

0 0 0 0 0 0 0

06 06 01 04 00 06 06

07 83 52 81 51 07 83

1 10/1 11/1 11/2 20 21

0 0 0 0 0 0

83 07 56 26 83 05

06 06 05 01 06 04

67 279 280

0 0 0

00 00 00

76 51 51 Rohrai

230

5 6 15 16 17 24

0 0 0 0 0 0

06 06 06 02 02 06

83 83 58 53 53 07

4 7 14 17 24

0 0 0 0 0

83 83 83 83 58

06 06 08 08 08

3 4 7 8

0 0 0 0

02 04 00 06

02 55 25 3257% THE GAZETTEOF INDIA: SEPTEMBER22,2001BHADRAPADA 31,1923 (PART II—SEC. 3 (ii) 1 i 1 5 1 3 1 4 | 13 18 23

I 5 I 0 0 0

6 I 06 06 06

I 7 83 83 83

12

13 19/1

19/2

22/1

22/2

05 02 02 02 03 03 03

0 0 0 0 0 0 0

82 53 28 78 29 04 79

0 0 0 0 0 0 0 0

83 53 30 81 02 58 42 54

2 9/1 9/2 12/1 12/2 19 21 22

06 02 04 04 02 06 03 03

0 0

20/1

21/2

02 01

53 01

1 10 11

0 0 0

06 06 05

58 58 05

1 10

0 0

05 00

31 91

5/1

6/1

16/1/1

16/2/1

51 56 54 00

0 0 0 0

00 05 03 00

5 6 14 15 16 17 24

0 0 0 0 0 0 0

02 06 01 05 00 06 06

53 83 52 31 76 32 585277 1 1 I

I 2 |

I 7

3 I 83

I 5 0 0 0 0 0 0 0

1 8 06 06 06 06 00 04 03

4 I 4 7 14 17 18 23 24

83 32 83 83 00 05 04

3 8 13 18 23

0 0 0 0 0

06 06 06 06 06

83 83 32 83 83

0 0 0 0 0

2 3 8 9 12

00 05 07

76 07 76 31 84

114 118/2

560

561

567

593

609

624

625

0 0 0 0 0 0 0 0 0

00 00 02 00 00 01 00 00 00

76 76 78 25 25 52 25 25 25 BadhBMota

250

3 8 13

0 0 0

00 06 02

76 33 02 RasulPur

234

2 9 11 12 19 20 21

0 0 0 0 0 0 0

06 06 00 11 02 07 12

83 83 00 38 78 84 65

1 10/1 10/2

0 0 0

10 07 04

12 08 30 2804OAS001-235278 THEGA2£TIEOFI>©IA:SEFTEMBER22,2(X)1BHADRAPADA31J923 [PARTII—SEC. 3(ii)] \ 4 3 I 1 I I 2 | 11/1 I 5 0 1 6 | 05 7 I 56 0 06 11/2 20 0 83 21

10 05 06 06

11/1

07 52 00

15/1

76 52

15/2

02 01

Pahlawas

15/1

536

16/2

24 06

25/1

14 17 24

14/1 18 23

3/1

3/2

9 05

07 00

58 06

83 06

0 0 0

06,

0 0

06 04

07 05 04 58 25

06 00 06

13/1

13/2

19 22 23 05

56 04

0 0 0

05 255279 7

1 5 1 6

1 1

I 2 I 3 I 4

121 658 661 665 667

0 0 0 0 0

01 00 00 00 00

77 25 25 51 51

77 Chang

238

13 16

25 5/1 5/2 6 15

o 0 0 -0 0

01 03 03 06 04

04 04 83 30

76 Pehrajwas

239

8 9 12 19 22/1 22/2 22/3 22/4

0 0 0 0 0 0 0 0

00 06 06 05 01 01 04 00

25 58 58 05 52 77 55 00

1/2/2

1/2/3

25 00 82 25

25 04

2/1 2/2 2/3 9 10 11 12 20

0 0 0 Q 0 0 0 0 0 0

00 00 05 00 00 03 04 06 00 03

58 62 183/3

0 0

00 00 00

76 76 25 Gurawara

245

111

7 14/1 14/2 17 24/1

0 0 0 0 0

05 05 01 06 06

05 56 26 83 83

114

4/1 4/2 7/1 7/2

0 0 0

03 03 03 00

04 04 79 255280 THEGAZETTEOFINDIA:SEPTEMBER22.2001BHADRAPADA31.1923 I P A R T I I — S E C . 3 ^1 1 1 1 2 | ³

I 5 0 0 0 0 0 0 0

1 4 | 8 13 14 18/1 18/2 23/1 23/2

1 e 03 08 00 04 02 04 02

1 7 | 04 83 00 05 78 05 78

145

0 0 0 0

3 8 23/1 23/2

83 78 00 27

06 02 00 01

151

9 12 10 20 21/1 21/2 22

0 0 0 0 0 0 0

06 06 05 01 02 04 00

83 83 82 01 28 30 25

177

0 0 0 0 0 0

1 10 11 20 21/1 21/2

06 06 06 06 01 02

58 83 83 83 77 53

25/2

178

183

5/1 5/2 6/1 15/2 18 24 25

0 0 0 0 0 0 0

00 03 07 08 06 01 05

78 20 84 83 83 01 82

184

1/1

204

4 5

0 0

08 76

07 00

244

245

248 874

0 0

00 00

76 515281 AT |

3 |

[2 I

\ 1 1

r 7 i

6 01 05

883 920/1

5 \ 0 0

52 82

Hansawas

240

03 03 06

29 54 83

19/2 20 21

0 0 0

1/1 1/2 10 11

0 0 0 0

00 06 06 02

00 83 83 53

04 06 06

15 16 25/1

0 0 0

30 07 83

4 5 6/1 7/1 7/2 14 17 23 24

01 02 01 02 03 06 06 00 05

0 0 0 0 0 0 0 0 0

52 28 01 02 79 83 83 51 82

3 4 8 13 18 23

05 00 06 06 06 06

0 0 0 0 0 0

05 25 58 32 83 83

2 3 9 12 19 22

0 0 0 0 0 0

54 54 82 83 83 07

03 03 05 06 06 06

58 56 26 32 76 83 29

2 9/2 10/1 11 12 20 21/1 21/2

0 0 0 0 0 0 0 0

06 05 01 06 00 06 03 025282 THEGAZETTEOFINDIA:SEPTEMBER22,2001BHADRAPADA31,1923 [PART H—SEC. 3 (ii)] 1 1 1 2 I

I 3 1 4 26

1 5 | 0

6 I 00

7 1 76

0 0

02 06

78 83

16/1 25

1 10 11/1 20 21 26

0 0 0 0 0 0

04 04 07 03 00 02

55 55 84 79 00 28

06 06 06 06 01 05

83 83 83 83 26 56

5 6 15 16 24 25

0 0 0 0 0 0

4 7

0 0

06 02

83 28

101 102 110 111 112 264 270 271 200 291 294 207

02 00 00 00 01 00 02 00 00 00 00 02

02 76 76 76 26 51 02 51 51 51 51 02

0 0 0 0 0 0 0 0 0 0 0 0

243

79 Gadla

241

Kahnora

16 17/2

24/1/1

24/1/2

24/2

25

07 00 01 02 01 02

0 0 0 0 0 0

59 00 01 02 52 28

4 7/1/1

7/2/2

14

06 02 02 06

83 53 53 83

0 0 0 05283 3 1

1 1 II ² |

5 1 0

6 1 02

0 0

04 03 03

I 4 1

17

18 23/1

23/2

I 7 | 78 81 29 29

83 07 83 58 25

06 06 00 00

0 0 0 0 0 0 0

31 52

3 8 13 18 19/1 19/2 22 23/1

2 9

58 86

0 0

06 09

0 0

262/2 271

00 00

242

02 05 01

6 7 14

0 0

00 06

15 17 24

01 07 76 83 83

4/2

7/1

0 0 0

04 03

83 01 55 54 04

7/2 13/2 14 18/1 23

0 0

06 06

8 12

32 00

0 0

9/2 11 12/1 12/2 19

0 0 0 0 0 0

11 05

20 21/1 21/2/1 21/2/2

02 26 35 26 26 38 82 78 783284 THE GAZETTEOF INDIA: SEPTEMBER 22,2001BHADRAPADA 31,1923 [PART II—SEC. 3 (li)] 1 4 | 5 6 15/2 15/3 16 25

I 5 I 0 0 0 0 0 0

7 I 52 58 02 85 38 36

08 05 02

0 0 0

09 31 02

1/1 1/2 10

5/1 5/2 6/1 6/2 15

0 0 0 0 0

00 05 03 02 05

00 56 54 02 31

84/2 89 467 483 485 495 497 498 499

01 01 00 00 00 01 02 01 01

0 0 0 0 0 0 0 0 0

26 01 51 76 76 01 78 26 26

[No. R-25011/30/2001GIU]

S. CHANDRASEKHAR, Under Secy.

S2SS

280400001—24

5286 THEGAZETTEOF INDIA. SEPTEMBER 22,2001BHADRAPADA 31,1923 [PART D—SEC 3 (ii)J 5287 5288 TOEGAZETIEOFMMA: SEPTEMBERS, 2001BHADRAPADA31,1923 [PART I^-SBC. 3001 5289 3290 1HEGAZETTEOFINDIA:SEPTEMBER22,2001BHADRAPADA31,1923 [PARTH—SEC. 3 (ii)l 5291 5292 THEGAZErreOrINDIA;SEFrEMBER22,2001BHADRAPADA31,1923 [PART U—SBC. 3 (U)] 5293

New Delhi, the 18th September, 2001

s. 0.2527.— Whereas it appears to the Central Government that it is necessary in the public interest that for the transport 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";

Now, therefore, in exercise of the powers conferred by sufc^soction (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 in the land described in the said Schedule;

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 J.K. Ahuja, Competent Authority, Salaya-Mathura Pipeline (Augmentation) Project, Indian Oil Corporation Ltd., Kothi No. 1439, Sector-15, Urban Estate, Sonepat (Haryana)-13iOO1.

2804GI/2001—255294 THE GAZETTE OF INDIA: SEPTEMBER 22,2001BHADRAPAD A 31,1923 [PART H—SEC. 3 (ii)]

Schedule

Tehsil: Bawal Dist:Rewari State: Haryana

Hadbast

Mustatil

Khasra/Killa

Area

Name of Village

No.

Hectare.

Are

Sq.Mtr

No 1

7 0

Khandora

19 20

5/1

5/2

14 17

1/1

9/2 10

16/1

16/2 24/1

24/2

7/2

0 0

59 01 0

34 0

00 0

01 0

35 0 0

03 05

29 06 0

00 07

53 0

25 0 0

00 04

55 91 0

0 0

26 38 0

59 0

03 07 01

26 0 0

01 0

59 0 0

52 0

58 0

- 02

02 0

07 0

09 0

82. 0

53 0

83 0

26 0

09 0

08 04

815295 I 2 I 3 |

r 1

I s i

] ⁷

A. .

0°;

\J '

00 C7

32 00 ?4 51

7± 09

4 I 15 17 • 18 23 24 16 25

r\\j 0 0 0 0 0

0! OS

2 3/1 9/1 9/2 10 11 12/1 20

03 03 04 03 CO 06 01 06

79 79 55 04 00 83 26 32

0 0 0 0 0 0 0

05 03 02

06 04 78

4 5 7

0 0 0

89 ' 92

530/2 545 562

0 0 0 0 0

01 01 00 00 01

01 01 25 51 52 48

Tankri

26 84 05 79 29 90

0 0 0 0 0 0

6 15 16 17 23 24

01 07 04 03 03 12

0 0 0

1 10 11

01 06 00

01 33 00

0 0 0 0 0 0 0 0

3 8 9 12 13 19 20 21

61 33 51 84 00 81 04 33

09 07 00 07 00 04 03 075296 THE GAZETTE OF INDIA: SEPTEMBER 22,2001BHADRAPADA 31,1923 [PART H—SEC. 3 (ii)l 4 I 1 1 1 2 1 3 1 5/1 I 5 | 0 I 6 | 01 33 0 0

04 07

5/2 6

02 04

I ⁷ 26 30 33 51 51 28 81

0 0 0

01 01

25 77 01

7 14/1 14/2 14/3 15/1 17/1 17/2 17/3 18

02 07

0 0 0 0 0

53 53 84

0 0

2/2 3 g

05 02 07 00

10 11

0 ' 0 0 0 0

0 0 0

16/1 25/1 25/2

04 01

76 05 01

4/1 4/2 5 7

0 0 0

8/1 13

06 00

32 76

0 0

06 02

14 18/1 18/2 19 22

0 0

0 0 0

02 05

58 78 56

9 12/1 12/2 19 20/1 21 22/2

765297 1 1 I 2 I 3 73

1 4 4 5/1 5/2 5/3 6 7 8/1 13 14 18 19/2 21/2 22

7 25 02 58 51 25 36 25 09 25 29 00 25 83

1 6 | 00 02 06 00 00 09 00 08 00 03 00 00 06

1 5 ] 0 0 0 0 0 0 0 0 0 0 0 0 0

1/1

1 2 10

08 00 02

0 0" 0

35 00 02

6 14 15 17 18/1 18/2 22 23

05 06 04 02 07 00 07 02

0 0 0 0 0 0 0 0

06 58 30 78 59 00 08 02

6 15

0 0

02 03

28 04

1/1 1/2 2 10/1 10/2

0 0 0 0 0

00 05 04 04 01

76 82 05 55 52

136 139 144 146 147 148 149 150/1

0 0 0 0 0 0 0 0

00 04 03 01 01 00 01 00

21 30 04 01 01 76 01 765298 THE GAZETTE OF INDIA [SEPTEMBER 22,2001BHADRAPADA 31,1923 [PART H—SEC. 3 (ii)l 7 2 I 3 | 4 I 5 I 1 1 I 0 267 268

294 296

297/1

297/2

298

13/2

Narsinghpur Garhi

21 22

1/1

1/2 2

177

Dharan

18 19

21/2

6/2 15

23/2

24/1

24/2

2/1 10

3'1 3/2 4

8 9

01 51 I 6 | 01 00

0 0

26 01 01

51 00

77 01

26 01 05

0 0

54 03 04

0 0

05 00 84 ' 00 07

0 0

25 00

0 0

06 05

01 01

51 00

60 00 -08 00

0 0

54 55 03 04

25 0

84 0

00 07

78 02 08

0 0

09 0

28 82 02 05

76 82 00 05

0 0

26 01

60 08 00

0 0

51 29 03

01 06

0 0

77 32 00 00 04

0 0

05 05 04

0 0

25 00

09 08

51 0

00 07

84 05

0 0

06 03

29 07

08 0

32 065299 1 5 | 1 6 | I 7 | 1 1 1 2 1 3 0 1 4 7 0 00 07 76 08 14 15

17/1

17/2 23

24 25

9/1

12/1

21/2/2

16 32

25 33

15/1/1

15/2/2

16/2/2/1

17/1/2 17/2/2

18/1/1

18/1/2 18/2/1

18/2/2

19/1

19/2 20/4

21/2

1/2/2 34

0 41

5/1

5/2

0 0

6 7 14

0 0

23 45

0 46

8/1/1

8/2/2

00 79

53 02 04

55 78

08 06

07 01

01 07

08 00

00 06

0 0 0 0 0 0 0

05 04 03

29 01

26 01 04

0 0

55 04 03 00

26 04

52 01 03

30 04 04

54 07

08 00

00 03

29 03 00

76 06

32 07

08 04

05 29 03 06

83 04

05 06

83 00

51 00

255300 THE GAZETTE OF INDIA; SEPTEMBER 22,2001 BHADRAPADA 31,1923 [PART 11—SEC 3 (ii)l I 3 |

I 2

1 1

5 05 02 07 02

I 5 | 0 0 0 0 0

4 12 13 19 20 21

I 7 | 06 53 59 78 58

c<~

04 05 06 01 03

4 5 7 8 13

81 82 83 26 04

0 0 0 0 0

76 01 01 26 28 51 51 25 25

00 01 01 01 02 00 00 00 00

169 157/2 161 164 167 168 512 513 524

0 0 0 0 0 0 0 0 0

00 Berwal

5 6 111 14 15 17 18 23/1 23/2

0 0 0 0 0 0 0 0 0

03 07 00 07 00 05 02 00 07

29 84 00 33 51 56 53 51 08

16/1 24 25/1 25/2

03 00 07 00

0 0 0 0

54 00 33 25

05 02 07 00 08 00 04

2 3/1 9 10 11 12 20

0 0' 0 0 0 0 0

31 78 33 76 09 00 55

4 5 7 8

0 0 0 . 0

06 01 05 01

83 26 82 26

513301 5 | 1 2 | 1 4 1 1 3 1 7 | 1 1 39 93 0 0 I 6 01 00 01 51 Badtirana

20/1

21/1

21/2

[No. R-25011/31/2001OR4]

S. CHANDRASEKHAR, Under Secy.

2HO4GI/2001—26

53Q2 THEGA2£TTEOFINDIA:SEPTEMBER22,2001BHADRAPADA31,1923 [PARTH—SHC.3(ii)l 5303

s. 0.2528.- 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 System¹';

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

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

Any person interested in the land described in the said Schedule may, within twenty-one days from the date on which the copies of this notification, as.

published in the Gazette of India, are made available to the general public, object in writing to the acquisition of the right of user therein or laying of the pipeline under the land to Shri J.K. Ahuja Competent Authority, Salaya-Mathura Pipeline (Augmentation) Project, Indian Oil Corporation Ltd., Kothi No. 1439. Sector - 15.

Urban Estate, Sonepat ( Haryana) -1310015*W THEGAZETrEOFINDW:SEPTEMBER22,200lBHADRAPADA3M923 [PARTD—SEC. 3(ii)J

Schedule

Tehsil : Rohtak Dlst. : Rohtak State : Harvana

Name of Village

Area

Hadbast

No.

Mustatit

No.

Khasra/KittA

No.

HMtart

| Are

| Sq. Mtr

7

I 6

Kultana

1729/175 1618/294

0 0

25 25

00 00

Ismayila 11 Biswa

1012 1116 1127

00 00 00

0 0 0

51 25 51 Ismayila 9 Biswa

264'

Gandhara

9 94

0 0 0

25 00 51

15/1 21/1 180

00 00 00

Pakasma

00 02

104 140

0 0

25 02

11/4 3/1/1

212/5

01 Roorki

51 54

5/2/1

14 4

01 00

147 156

0 0

27 25

181/1-3

252/2

259

0 0 0

78 77 51

02 01 00

Polungi

52 53

[No. R-25011/35/2001 OKA]

S. CHANDRASEKHAR, Under Secy.

5305 5306 THE GAZETTE OF INDIA :SEPTEMBER22,2001BHADRAPADA31,1923 [PART II—SEC.3(ii)] 5307

s. o. 2529.— 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 wheneas, it appears to the Central Government that for the purpose of laying such 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 in the land described in the said Schedule;

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 Sunil Sharma, Competent Authority, Salaya-Mathura Pipeline (Augmentation) Project, Indian Oil Corporation Ltd., 33--Mu ktanand Nagar, Near Gopalpura Bye Pass, Jaipur (Rajasthan) - 302018.

5308 THE GAZETIEOF INDIA: SEPTEMBER 22,2001BHADRAPADA 31,1923 |PART II—SEC. 3 (ii)]

SCHEDULE

Tehsil: Sanganer District: Jaipur State: Rajasthan

NameofVlNafle	Khwra No.	ATM \|1i
		Hectare An Sq. mtr.
l	2	5 1

167

170

197

86 197/933

203

301

309

312

317

335

336

333

337

424

427

430

431

432

{No. R-25011/34/20010R4]

S CHANDRASEKHAR, Under Secy

5309

28O4G1/2001-—275310 THEGAZPTTEOFDMDIA: SEPTEMBER 22.2001BHADRAPADA31,1923 [PART II—SEC. 3 (ii)

NcwDelhi, the 19th September, 2001

S. 0.2530.— Whereas by notification of the Government of India, Ministry of Petroleum and Natural Gas number S.0.1342 dated the 11th May, 1999 issued under sub-section (1) of Section 3 of the Petroleum and Minerals Pipeline (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government declared its intention to acquire the Right of User in the land specified in the Schedule annexed to that notification for purpose of laying pipeline.

And whereas, the copies of the said Gazette notification were made available to the public on 22/06/1999.

And whereas, the Competent Authority has under sub-section (1) of Section 6 of the said, Act, submitted leport to the Government.

And whereas, the Central Government has after considering the said report decided to acquire the Right of User in the Land specified in the Schedule annexed to this notification.

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

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

Schedule

District: Bharuch

Name of Village

Name of Taluka

Sub-Division no. 4

State : Gujarat Area Are 6

Survey/Block

No.

3

Hec 5

Centiare 7 Bharuch

00 32 50

2 Allpur-allas-

Rahadpur

33 04 09

00 00 00 00 00 00 00

10 11 12 40

80 10 60 50 70 30 20

42 40 39 38 37 36 35

No. L-14014/4/99-GP(Part-IV] SWAMI SINGH, Director5311 5312 THE GAZETTE OF INDIA. SEPTEMBER 22,2001BHADRAPADA 31.1923 (PART II—SEC. 3 (ii)l 5313

New Delhi, the 19th September, 2001

S. 0.2531.— Whereas by notification of the Government of India, Ministry of Petroleum and Natural Gas number SO. 704 dated the 4th April, 20,01 issued under sub-section (1) of Section 3 of the Petroleum and Minerals Pipeline (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government declared its intention to acquire the Right of User in the land specified In the Schedule annexed to that notification for purpose of laying pipeline.

And whereas, the copies of the said Gazette notification were made available to the public on 11/05/2001.

And whereas, the Competent Authority has under sub-section (1) of Section 6 of the said, Act, submitted report to the Government.

And whereas, the Central Government has after considering the said report decided to acquire the Right of User in the Land specified in the Schedule annexed to this notification.

Schedule

District: Surat

Name of Taluka Name of Village

Sub-Division no. 4

State: Gujarat Area Are 6

Centiare 7

Survey/Block

No.

3

Hec 5

134

12 1 Chourasi

2 Limla

136

02 00

00 40

137

138

00 00

04 10

50 05

139

140

141 142 143

00 00 00

04 04 06 00

35 60 75

65 Damka

443

00 01

444

005314 THEGA2ETTEOTINDIA:SEPrEMBER22,2001BHADRAPADA31,1923 [PARTH—SEc.3(ii)] 3 |

'• ¹ I 2 |

I 6 I Ichhapor

Kosad

Utran

I 7 | 35 60 45 65 10 70 55 00 00 00 50 60 60 80 00 40 00 00 00 50 00 50 50 00 70 50 50 00 50 00 50 00 80 00 00 50 50 00 20 90 80 20

4 I 5 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00

01 00 03 01 05 02 02 19 17 16 30 00 22 00 18 05 20 16 21 13 25 01 22 12 10 25 35 10 02 26 17 23 00 26 03 03 50 32 00 12 00 25

694 695 698 699 716 733 735 736 765 768 801 800 799 798 797 795 796 790 891 892 918 924 925 946 196 195 166 162 161 159 157 156 171 155 154 148 146 145 150 84 82 81

[No. L-14014/4/99-GP(Part-IV]

SWAMI SINGH, Director

5315

MINISTRY OF LABOUR

New Delhi, the 22nd August, 2001

S.O. 2532.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), in Cetnarl Government hereby publishes the award of the Central Government In- dustrial Tribunal|Labour Court, Jabalpur as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of LIC of India and their workman, which was received by the Central Government on 16-8-2001.

[No. L-170t2|43|92-lR(B-II)j

C. GANGADHARAN, Under Secy.

ANNEXURE

BEORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR CASE NO. CGIT|LC|R|237!02

Presiding Officer : Sbrir K. M. Rai. Shri Vinod Kumar Indurkar, Ex. Protectionary Dev, Officer, L.I.C. of India, Branch Office, Manawar, Village and Post Nalchha, Di"tt. Dhar CMP)

. Applicant.

Versus

Senior Divisional Manager, LIC of India, 19 MG Road, Indore (MP)

.. Non-applicant.

AWARD

Passed on this 2nd day of August, 2001 1. The Government of Tndia, Ministry of Labour vide order No. L-17012i43|92-IR.B-II dated 4-12-1992 has refer- red the following dispute for adjudication by this Tribunal:

"Whether the action of the management of Life Tnsuracne. Corporation of India in discharging Shri Vinod Kumar Tndurkar from the service of (he Corpora- tion, is justified 9 If not, to what relief is the workman entitled to?"

3. The case for the management is that the workman, being a Development Officer, is not a workman according to Sec. 2(s>) v)f the l.D. Act, 1947. The reference therefore deser- ves to be lejeeted.

4. The following issues arise for decision in this case and mv findings thereon are noted hereinaftei:—

J. Whether the reference is maintainable before this Tribunal?

2. Relief and costs ?

5. Issue No. 1:—The management's contention is that the workman Shri V. K. Indurkar being Development Officer is not a workman and therefore the provisions of Industrial dispute Act 1947 shall not apply in the present case.

6. In support of this contention, the management has relied on AfR 1904-SC, 2608, H.R. Adyanthaya Versus Sandoz (India) Ltd., the 5 judges bench of the Supreme Court in this case held the pronouncement in S.K. Burma's case re- ported in AIR 1984 SC 1462 S.K. Burma versus Mahesh Chandra and others as per incuriam. The judgement of 1984 has been relied on by the applicant in support of his case. In S.K. Burma's case, the Development Officer, Life Insu- rance Corporation of India has been held to be the work- man.But the later pronouncement of 5 Judges in H.R. Ad- yanthaya case has held the said view is per incuriam and therefore the said law in no longer a good law. The Sup- reme Court has held in para-3 of its nidgement as under:—• 7. "Hence the position in law as it obtains today is that a person to be a workman under the l.D. Act must be emp- loyed to do the work o'¹ r-y of the categories viz. manual, unskilled, skilled, technical, operational, clerical or super- visory. It is not enough that he is not covered by either of the four exceptions to th° definition. We reiterate the said interpretation."

8. The workman has been defined under Sec. 2(s) of the l.D. Act, 1947 as under :

Workman means any person employed in any industry to do any manual, unskilled, skilled, technical, opera- tional, clerical or supervisory work for hire or reward whether the terms of employment be express or implied and for the purposes of any proceedings under this Act in relation to an "ndusti'ial dis- pute, includes any •such person who has been dis- missed, discharged or retrenched in connexion with, or as a consequence of, that dispute, nr retrench- ment has led to that dispute does not include any such person—(i) who is subject to the AIR Force Act. 1950 or the Army Act 1950 or the Navy \d 1957 or

(ii) who is employed in the police service or as an office?

or other employed of a person: or

fiii) who, being emnloyed in a supervisory capacity draws wages exceeding one thousand six hundred ruoees per mensem or exercises, either hy the nature of the duties rtfached •<•> the office of hv reason of the powers vested in him, functionus mainly of a mana- gerial nature.

5316 THE GA7BTJE OF JNDIA : SEPTEMBERS, 2001/BHADRA 31, 1923 [PART II—SEC. 3 (ii)]

Supiemc Court in AIR-TO-l S.C. 16RN in U.K. Adhynnthaya etc. versus £j;mdo7 I India) Lid . etc. Issue- No. 1 is ausweied accordingly.

10. Issue No. 2 : In view of my finding given on Issue No. 1, (he Development Officer is nut a woikmnn. Hence the provisions of I.D. Act, 1947 shall not he opplicable in lliis case. The reference is accordingly held aH bad in law. I he Development Officer may seek his remedy through prtpci forum.

11. Copy of the award be sent to Govt. of India us per

rules.

. . .. K. M. RAI, Piesiding Officer

2 On receipt of the reference a case was rcaistcrcd undci "No. 11/95/94 and registered A/D notice was ismed to the p.irijcs. Jn pursuance to the said notice the parties put in their appearance. The wurkinan-Fnily I (for short, "Workman") llli-d IHT statement of claim .n I'.xb. 4. The facts of the case in bnef HK pleaded by the woitman arc that she joined the :.\.T1 hence teimim.tion of her services is illegal. That she was taken on a vacancy created by pi emotion of Mr. D. Arolkar from the post of safai karmachari to sub staff which showed that she was taken on a regular post. That her services were terminated orally from 21-12-91 and a new person was taken in hei place lrom 23-12-91 which indicated that she was appointed on a regular post. The workman contended that the termination of her services bv the employer is illegal anl unjustified. The workman theiefore claims that she is entitled to reinstatement in service with full back wages.

NL-W Delhi, tl.o 24th AiiKUSt, 2001

S.O. 2533.—In pursuance of Section 17 of the Industral Dispute Act, 1947 (14 of ll>47). the Central Government hereby publishes the award of the Industrial Tribunal, Goa as shown in the annexurc in the Industrial Dispute between llic employeis in rtlution to the management of Central Bank of India and their workman, uhxh was received by the Central Government on 24-8-2001.

[No. L-12012/74/94-TR(B-TMl C. GANGADHARAN, Under Secy

ANNEXURE

IN THE INDUSTRIAL TRIBUNAL GOVERNMENT OF

GOA AT PANAJt ,

(Before Shri Ajil J. Ajrni. Mon'ble Presiding Ofllcer)

Reference No. IT/9.V94

Smt. Savita V. Arleknr. C/o Gurudas R, Hiirrnalkar, Xctliwado,

Mapusa - Goii.

. . .. Workman/Party 1

VtfFUS

Central Bunk of Intba, Panajj - Goa. - . .. Employer/Partv II

Workman/Parly I -Represented by Adv. Shri C. I. Mane. Employer/Party II —Repicientcil by Adv. Shri S. A. Samant.

Panaji, Dated : 30-7-2001

AWARD

" ' " ? " '• -"in'ovor vln-ed that the w o * m an i- not

5317

3. "WJiclhcu Workman'Party I proves that the Employer/Party II udupted unfair labour practice lo deprive her of the emoluments of a regular employee and of continuous service ?

4. Whether Wml man/Parly i proves that the Employer/Party II did i.ul comply with the provisions of Section 251- of ihc T.D. Act, 1947 and hence the termination of her services is illegal V

5. Whether Woikman/Party I proves that the action of the Employer/Patty II in not considering her for empanelment tor future employment in terms of the Approach Paper ciicuJateu by the Ministry of Finance is not justified ?

6. Whether the Workman 'Parly 1 proves that the action of the Employer/Party II in terminatina her services w.e.f. 23-12-9J is illegal and unjustified V

issued by ths CenUal Office of. the Employer at Bombay as also ihe Circiilui Uaied i-4-'JU Exb, E-2 issued by Hie General Manager (Pels.) of Ihe employer. He has stated that Mr. Aruikiir was woiKing as the saiai kurmacnari at the Mapusa biancn and he was doing the work or cleaning and sweeping ot the picmiscs oi the branch, fillniK the water for drinkinK wiping ine ciiairs and tables, cleaning the cabin of the Branch Manager us well as cleaning the strong room. He has stated that Mr. Arolker was piomoted as a Peon and hence someone was required on temporary basis to clean the Branch premises and therefore the woikman was appointed on temporary basis to sweep the Branch premises on daily wages of Rs, 10. In his cioss examination. He slated that for appointment of safai karmachari the candidate's age should be between 18 to 25 years, the minimum educational qualification should be Std, 111 and his name should be sponsored by Employment Exchange and he should be also intciviewed. He stated that this procedure was ni>i followed in tne case of workmen because she was not recruited but >vas appointed, purely on casual basis to do temporary work. He denied the sugKCStion that the workman was interviewed or that she was fulfillinfi all the requirements for lcctuitment or that she was on the master roll of t!ie employer. He denied that the workman was taken on regular bahis on the post of safai karmachari due to the vacancy created by promotion of Mr, Arolkar.

7. Whether the Employer/ Party 11 proves that tho Workman/Party 1 was appointed on ad-hoc daily basis on contiact for temporary period from 21-1-91 and thai her contract was to come to an end or appointment of a person as per the procedure laid down 7

8. Whether the Workman/Party I is entitled to any

relief ?

9 What Award ?

5. My findings vt\ the issues are as follows :

Issue No, 1 -— In the negative.

Issue No, 2 — In the affirmative as regards working 24(1 days but in the negative as rcjiard; tei ruination of service.

— In the negative.

Issue No. 3

Issue No. 4 — In the aiVnmative.

— In the negative.

Issue No. 5

— In the affirmative.

Issue No. 6

— In the negative.

Issue No. 7

— As per para 22 below.

Issue No. 8

— As per order below.

Issue No. 9

REASONS

6. Issue No. 1 : The contention of the workman is that She was appointed by the employer on regular post of salai karniachun from 21-1-91. Her cortention is that the post o! safai karmachaii had fallen vacant on promotion of Mr. V. Arolkar from ihe post of safai karmachari and hence she was appointed to that post in his place, The employer has denied the above contention of the workman. The employer's contention is that Mr. Aiolkar who was working as salai karmacluui was piomoted to the post of Peon on 19-1-41 and since the post of safai karmachari was to be filled up through Employment Exchange find it would have taken considerable time to fill up the said post, the workman was engaged on contract for a specific period i.e., till the proper person was recruited as safai kiirmnchari.

8. I lie Hlil^miMil of employer's witness Mr. Mieheal U'Mello tn.iL tile poiL ui .idL.Ii jLi'Mii.ici'uii io to be niicd JI tnrouan i-iiipiujmciiL liACiuiifcu nail me cauuidare snould pass m iLitivitW is suppuitm oy ine euculai dated 3u-y-/t! iiJtb. E-i cony liiiieii ny LIIL ivlin.auy ot fmuuee, (jovernmcut ol India, ii iu LUL c.icmai u.ued t>-o->y Exb. h-i colly issued by the t-nlidi oliico oi the tmployer at Bombay, 'Ihe circular daied ju-y-/b I.\D. L.-1 coay issued by tne ivlinistry oi finance, swics tiii.ii ttie Hanks and 1'inuncial Institutions should make lctrunmunt oi sub siull uueapecUve ot the nature and duration (,t vacancy through the medium oi Employment ExchanKC. Hie c.iculai ilateu ti-6-V'J lvxb. E-l colly issued by the Central ofnee ot tlic employer lelers lo the above circular ot the Miiustiy or rinanee and further slates that the selected candidates nave io go ihiough the Bank's recruitment pro- cedure i.e., wntteri test and atlcr passmu the same have LO appear tor interview. The circulat dated 3rd April, 1990 Exb. t-z issued by the General Manager (Pars.) of the employer mentions the norms ior ptu/iull time satai karmachari and as per the said notms tlie a us limit is between IS to 25 yejis and the qualification is passing minimum 3rd Std. and nut passing SSC cr equivalent. The said circular further stales that the rtcrti tment will he after calling candidates from local 1 mployruent Exchange only and after conducting interview and that no written test will be held for the posl of safui karmachuri. It further slates that offer of appoint- ment should be mai'.e only after the same have been approved hy the Regional Manager and the appointment order should he signed by an Olliccr not below the rank of Asst. Regional Manay_'r i.e. an Oilic* in Middle Management Grade, Scale II. In the piescnt case, admittedly the workman was n.ii issued any appointmrni order, she was of the age of 3() years at the lime when she WDS employer and her name was not reyiKteicd in the Employment Exchange as admitted by litr in her cross examination. The woikman has also 'taied in her ciuss¹ examination that she had not submitted any document:- to the employer regarding her qualification and that she was not ir. let viewed by any Officer. Though iji hci deposition she sttitt-d lli.it the was appointed in place of Mr. V. Arolkar, in her cross examination she stated that she cannot s.ay anyihing tn the suggestion that she was not appointed in place of Mr. V, Aiolker, She also stated that she had nol seen what type of work Mr. Arolker was doine biforc her appointment nor she is aware of Ihe terms of appointment of Mr, Arolter nor she is aware to which p ot he w:is appointed. There is ro evidence on record that the appointment of the woikman \\ns> done by Assistant Regional Mnna-ZL-r or by nny poison above named, The employer's witness has stated that the workman was appointed by the Branch Manajui All the nbovc rvidence "oes to show thpl the workman was not appointed on regular post of saf.T k-arnii'chiiii nor Oic could Jjiivi- been appointed on the said po^t as she was not qualified for appointment as per the Circular or Ministiy of Finance, Government of India and that of tlic employer's central office. In view of the evidence discussed above, I hold that the workman has failed to prove llvit she was appointed hy ihe cmployei on regular post of st'Cui !;:,rni.'Klmn w.c.f. 21-1-91, The evidence shows that £.hc was appointed o" temporary basis to do the work ol 7. In view of the defence taken hy the employer the burden was on rhe woikman to prove that she was appointed lo the post of safui karmachari. It is an admitted fact that no lettei of appointment was issued to the workman. The workman in her defence has simply stated that she was appointed in place of Mr. Aiolkar. She has not produced any documentary evidence or nnv other evidence in support of her, this con- tention. She did not examine any witness in support of hi" case. The employer has, examined Mr. Micheal D'Mello, their Manager (Pers.) working in the Regional Office at Pannii. He has stated that for a safai katrruichari the minimum quali- fication recfiiired is passing 3ul std. and he should be of tho age between Ifi to 25 years and further his name should h,< sponsored by Employment Exchange. He has stilted that th • candidate should also pass in Hit interview and his appoint menf is ID lie m;tde by the Repional Manager. Tn support of the above, he hits produced the circular dated 30-1-78 Exb, E-l (colly) jailed by the Ministry of Finance Govern- ment of India mid the circular dated "6-6-79 P.xb E-l cnllv318 THE GAZETTE OF INDIA : SEPTEMBER 22, 2U0l/BH*ADRA 31, 1923 [PART II—SEC. 3(ii)J cleaning the Bajik premises. J, therefore answer the issue No. I in the negative.

53 J 9

1Cj loimimuioji ol me service oi a workman on me

j jl l / i i l lu v,i toiiiiui-ICu i.HJCUilll •

Court observed that the concept ol retrenchment caniioi n..- sueu,i-_u to iueh an extent so as to cover these employe-.,. inere is nu siKii admission on the part of the workman in ii.- present ea=,e and therefore tl'.e sftid judgment cannot be madj up pi cable- to the present case.

v ,-L tiw CMUI^ tub) UJ die d - m u ^n oi iL-ucacbmeuL it 1, ; ; ,J,l l U l U 1, ui .,uv..i; or tr.c v.oiianaii JS aue 10 tno „ "'- .";. ui ^ Lo-iauLt 01 cmpioymcni Dctwecn we

^ , , , , i ^r '..RI Lwtf v.o.uiiisii ^. i" CAP.O o. il juw c u . u .^ ,, cuiUi.u.u u., ya l..e ...puMNoa m t..iu wniu-u, t... ^ u - . u ^u oi .sav.u- due, i.ui amount .o ivu tnuun^u. A U OiJ l i r. ,o lue employer me ewniuet oi employing ..... no; ivnewvd a na u expired on a^po.iumem ot o I-CISOU . . l,u; Ul,,,, Ol .in.ll fcullll^lttll. " "e WO1M1W11 h as rCli^U tlpo.l I,.- .ud"iiiciu oi iviau.isn n-^ion Mini) Lourt m the case oi \J i S ; uy u ^ u i ^ ^U ana ti.at or the Bombay H.fii. w ' ; ,, wiw " . .. o. r . , ,^ U, ttuis mid IK* & Otne" Viipraj. 1.. me ".'-• -' ^ '• ^™ Board c L . L ,^ i'...u"n man toua nas held Umt ch

• p . " , , s i u us UJ O L U i on j n o . u t b n, c uu o n iy be i n v o k ed w i n ."

i3 in Hie case ol Rajcsh Sharmu v|s. I'/esidinj! (Kfiee and anr., inc lJunjat3 and Haryana Hi"ri Couit held that the lerrniniii.un of ihe employee upon the eApuy of the period ot recruitment did noi amount to retrenchment because in the ieiier of appointment itseit it was cleajy mentioned that he was noi being appointed in accordance with the rules as recruitment against the regular post was mude only by a si-iection committee from persons spon^oied by Employment Exchange, ihe employee was appointed for a specilic pel rod of K9 cTtiys on daily wages to till up the short teim vacancy. In die case of M,P. electricity Bouid v|s. Labour Court repoilcd in 2000 FJK 66, the Madhya PKrje-.li High Court h(bb) of the Industrial Disputes Act, 1947, he has to produce some documentary evidence to prove that the appointment of the employee was for a specilie penod so that tho employee is mi:de aware of the fact that his employment will come to an end on the expiry of that period. In Ihe pre- sent case, admittedly there JS no letter of appointment nor written agreement nnr the cniployci has produced any docu- menlary evidence to prove that the appointment of the work- man was on contract basis for n specific period. Adv. Samant, representing the employer has contended that in the present ease tfvie need not be a contract in writing and there can be an oral contract. Assuming fvir a momo it that the contention of Adv. Samant is correct, the question is whether the ernp- l"\er has produced evidence to prove tha; the workman was appointed on contract basis till specific time.

14. The employer has examined Mr Michael D'mello

and Shrj CinpaJ Nmr. Mr, D'MclIo his stated thai since Mi. V. Ar.)lk.:ir was piomoted as a full time Peon, the Bianch Manager and the F.stahl lament Officer deeded to nsk the staff members to the Mapusa Branch to airange a person to do the work of cleaning on Itmporary basis. He stated thai th.; workman was -arranged by one of ihe staff members to do the worl; of cleaning and (hat she \vas told (hat she was appointed on a purely Tempo- rary basis to do the temporary work. The other witness Mr. CJupiil Nan- has slated that from 1WKS to 1993 he was working at the Mapusa Brunch and was inchaige o the establishment section. He has stated that the seivices of Ihe workmnn Wi_-re hiied by the Branch Manager on daily wages nor dt> Ihe work of sweeping the bank premises to nwet the exigen- cies He slated that on appointment of or'j Mrs. Maria Fer- nandas as par time safai karmachan the workman was lold thai her services were no more required. The workman has not admitted the above fads. Her case in thai she was ap- pointed on lesLiIar hasU as safai karmachari. Both these wit- nesses have not stated that at (he time when the services of the workman were engaged she was told Unit her appoint meni was till someone was appointed to the post of safai karmachan. Tn order to attract the provisions of Sec 2(oo) (bb) Ihe above statement on the part of the witnesses vwis required From the statement of the employer's witness O Mello it appears that the workman was made aware lhat he I services v, ere i quired till st,mc- person was appointed only when her services were teritiinnlej. This is because the witness has slated lhai when he came tn know that Mrs Mann T-ernnndos was appointed as n mrt time safai karma^ Chan ho told liei- that her seivice; were no more reuni' • 1 from 21-12-1001 ami thM hC told her Ihe r " "n L to vl '53.0 THE GAZETTE OF INDIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PARI¹ II—SEC. 3(ii)] the date ui LCimiuation of service. The workman was emp- loytu from -ti i-199i and nei service was terminated irom ^ J - U - I J J I. ihcie is ivo evidence on record to show lhal Hie woikruun was given a breuK or breaks in between during UIL auovt; h^iu ijenod. "Iherelore the workman had actually woikLd lor 240 days dunng me psiiod of 12 months pre- ceding uie da^e oi njiminaiion ot seivice. In lact the work- ing L.1 /40 nays ny the workman prior to termination of htr s^viu- is admitted by the employer in para 4 of their written statement. Since it mis been held by me that termination •oi seivice ot the workman amounts to retrenchment and the woikiijun was in continuous seivice for noL less than one year pnor to me ierminauon ot her seivice the employer had io comply wild the provisions of Sec. 2JT of the lndusirial Uispuies Act, iy47. The employer has admitted in the wniicn statement as well as in ihc evidence lhat no notice wis M'-^n to ale workman prior to temiinuion of her service nur :>ne vvas paid one monhs' wages in lieu of. notice nor she was paid retrenchment compensation as it WHS the case of ihe employer that termination of service of the workman did not amount to letrencnmcnt and hence the question of comp- ly uiK wiih the provisions ol Sec. 25F of the Act did not arise. Thus the workman has succeeded in proving that the employer did not comply with the provisions cf Sec. 25F 'of trie Industrial Disputes Act, 1947.

kaimachari on regular post and that since Mi,. Mans h r n i- iiOts was appointed on regular basis he;- services were not, iuqunixi. in m>' view in oruei thut the case ut Uie employer should come under Sec. 2(ooMbb) oi the Act n requrred Hint trie workman ought lo be specifically told that his|her sciViLcs aie rujdirca on temporaiy oasis toi a specific period or nil a particular time at the time when hc|she is employed or appointed and not at the time when higher services arc leinuiated. 'I he start member of the Branch who arranged the workman was a materi.il witness in tin; case us accord- ing to the witness D'Mello liie woikman w"s arranged by one ot the yiall mcmnci's nf the Branch. If this stalf member was examined he|she would have been in i position to ylate whether the workmnn was engaged un contrac; basis and if so wnat wcic the terms and conditions of her employment. I lie employer oi'ght to have examined also the Manager of the Mapusa Branch as it was suggested to the workman in her cross examination that it is the Manager who had told her thai her employment as a sweeper was till a new person is duly appointed and thai she had agreed to work till a new person is appointed in her place. The workman had denied the above suggestion. The examination of the above said persons was very much required as there was no written contract. The Hombay High Court in the case of Gangaram Mcdeknr v|s. Zenith Sals" Manufacturing Co. and Oiheis reported in 1996 I CLR 172 has held that if the Labour Court finds that it is a word against word then the benefit should go to the workman and not to the employer. In the urcumsiances, I hold that the cmploy-Jr has failed to prove that the workman was employed on contact basis till a specific time, i.e., till some person was appointed as part time safai ktirmnchnii. This being the case of the provision of Sec. 2(oo)(bb) of the Industrial Disputes Act, 1947 did not apply to the employer.

5321

wages u, mil entitled (o claim rcgularisalion in service as a matter of i mill. In support of his contention that no reinsia'c- incn can be ordered, he h<.is relied upon the judgment of Ihu AUahabad High Court in the case of Jakir Hussain (iiipia), The employer has also raised the contention [hat the workman WIIJ. gainlully employer after leimination of hei seivice and. Ihcicfoie, no back '.VIIM'J,, can be granted to her.

only on the giuund lh.it he had completed 240 days of seivicc in one year. In this case the respondent workman was, appointed on daily wanes and wan an unskilled labour. Ihe High Conn held "that the above [Mining given by the Labour Court cannot be accepted in view of the law laid down by the .Supieme Court in the ca^ of Delhi Develop- ment lloriieultinc Employees Union v|s. Delhi Administra- tion reported in 1992 1 CLR 537. The High Court referred to the following obseivations made \>v the Supreme Court in the above case.

• ' A p a rt I r om t he f a ct l h at t he P e t i t i o n er c a n n ot be d i r e c t-

ed to be r e g u l a r i s ed f ur t he I C I ^ O IU g i v en a b o v e,

we may take the note '.)f the pcinecious consequen- ces to which the direction for leguiarisation of work- men on the only ground that they have put in more than 240 days has been leading, All hough there is Employment Exchange Act which requires recruit- ment on the basis of registration in the employment exchange, it has become a common practice to ig- nore the Employment Exchange and the persons registered in the Employment Exchanges and to employ and gel employed directly those who arc either not registered wtih Employment Exchange or who though registered are lower in the long waiting list in the Employment Register. The Courts can take judicial notice of the faei that such employment is sought and given directly for various illegal consideration including money, The employment is given first for temporary periods with technical breaks lo circumvent the relevant rules and is continued for 240 d'lys or more days with a view to give benefit of rei;ulaiisation know- ing the judicial trend that those who have completed 240 days are directed to he automatically regularis- ed. A good deal of illegal employment market has developed resulting in a new source of corruption and frustration of those who are waiting at the Employment Exchange for yeui¹;. Not at all those who gain such back door entry in the employment are in need of particular iobs. Though already emp- loyed elsewhere, they join the jobs for better and secured prospects. That is why most of the cases which come to the Courts arc of employment in Government Departments, public Undertakings nr Agencies. Ultimately, it is the people who bear the heavy burden of the surplus labour. The other equally injurious effect of indiscriminate regulari- sation has been thai many of the aucneies have stopped undertaking casual or temporary works though they nre urgent and c^enlial for fear that if (hose who are employed on such works are required to be continued for 240 or more days have to be absorbed as regular employees though the works are time bound nnd there is no need of the workmen beyond the completion of the woiks undertaken. The public ink-rests nrc ihu^ jeopardi- sed on both courts."

Jn view of the above observations nf the Supreme Court, the Bombay High Court held as foll.i'.vs in pan M of its judgment.

" . .. .A Temporary unskilled daily waoc labour, np-

rjointed on the sweet will of an officer, if effect, has been granted permanent Government Service bv the Labour Court insnitc of the fact that his initial engagement in th* Government Service was rurcly on a Temporary basis. Tnerr is A pretscrihed procedure lo be followed fnr annoiniments on permanent basis in the Government service. To accept the imnuqnnd award of the Labour Court is not only mining the law laid down by the Aprx Court, as stated herein above, bnf also aea'isl the public nolicv, as it leads to bnck-door enlrv in gov- ernment servife. when millions arc waili.ne >'n queue after havinc regislered their names in the Emnlovm'"it Exchnnfi'-s, fur -ippo-'nimenl -, in Gov- ernment S'Tvjce.

l'J. I hough the woikman slated in her evidence that .she was being paid salary of Rs. 300 p.m, and she denied that she was employed on daily wages of Rs. 10 no evidence have been pioduccd by her to prove that she was not emp- loyed on daily wages and that she was employed on monthly salary of Rs, 300. However, in the ;ross examinaion of the employer'?, witness Mr. Micheal U'Mello the workman herself admitted that she was paid daily wages of Rs. 10 as is evident Irom the suggestion put to the said witness that the workman was paid Rs. 10 per day as wages because she was on he muster roll. Besides, the employer's witness Shi L Gopnl Nair has stated that from 1988 to 1993 he was incharge of Ihe establishment section at Mapusn branch and that he was working there as an Accountant. He has stated that lie hail prepared the vouchers in respect of the payment of the amount paid lq the workman on daily wages. He has identified his initials on the vouchers dated 4-3-1991, 12-7-1991, 2-8-1991, 3-9-1991. 1-10-1991 and fi-12-1991 produced at Exb. E-9 colly. He has identified the initials of the sub, accountant \>n the vouchers dated 8-5-1W1, 6-11-1 ^91 and h-1-1992 produced at E\b. R-9 colly. He has also identified the sig- nature of the workman on all the above said vouchers produ- ced at Exb. E-9 colly. The woikman has not disputed the said vouchers. The said vouchers menlion that the amount is paid to the workman as her daily v.'ages at the rate of Rs. 10. The said voucher show that the nmouni paid to the workman is not the same every month ar.d the amount differs as per the number of days the workman worked in each month. The above document theiefore proves that the work- ran was engaged on daily wages and she was not paid the monthly salary as contended by iier. While deciding the issue No. 1 it has been held hy me that Ihe work- man was appointed on temporary basis for doing the work of cleaning the bank piemises. Thus the engagement of the woikman was tem- porary on daily wages. In the case of Zakir Hussain (supia) the authority rcl-cd upon bv the employer, the Allahabad Hiuh Court has held that nn employee cannot claim regu- larisation of service as a matter of riuht merely because he has woikcci for 2 or 3 years on daily wage; and thai for regularisalion there must be nos*, funds and the need for retention of the employee according to the retuiiicment of the work. The Hiitfi Court has further held tint iegiilnri- sotion cannot be made as a "Rule of Thumb" on the basis of completion of certain years of service of such an employee nnd that it all depends upon various facts. In the case of Snmnrth Samai/s Mnnornr Shnnkar Sahasinihudhe reported in 2000 TJC 2315, the Labour Court held (hat lerrinntinu of service of tb" employee wns Hie^il because Set". 15F of the Industrial D:snut?s Act, 1947 wis not eomnl'ed with. However, Ihe Labour Court did not aw;rd n'ins(icember 19')2 as the consfmrMnn work for which 'he employee wi"i Mnploved was comnlo'e and Ihe snid wo'k was not available hi him a* Ihe time of di-C'sfon of the dilute. Thf Bombay ITirrh four, upheld Ihe Awird 'of \bf 1 abo'ir Court hcidi'm tint th- T.-iboiir Court had richlk derarlrd from the ^orm ;l i-i'le of reinstatement nnd awivded Rs 10.000 in Urn of i-.-jinsS;''•'iv.rnf. The Supreme Court \n the c"se of $ureTid":i k'umai- Vtrmn vis. The r c " t nl Governrneni Tndij*ir."M Ti Ihwii-cvm I ah'mr Court, New Delhi, reported in AIR UA] SC 422 has laid down the proposition that removal of rider of termination of service must ordinarily lead lo reinstaicmc-nt of the services of the workmen, and back wages, but iheic may be ex- ceptional circumstances which make if impossible or whollv in cntiitablr vis-a-vis Ihe employer and iho workmen to direct reinstatement with full back wages, snrh as chWwt> down of industry, financial difficultirs, workman concerned mighl he elsewhere and so nti.

20. Fn thf case of S'ate of Mnh.ir.isblia vk nnvan.shwnr Rnkm.-'ji Aher ,-'nd \nr.. repcvfpd in 199s | C[ p s.22 Ihe Rornhav Hifh fYi'irf oKervr,) (hot th- l.nbn.ir Court' Was wrorm fn crantitr; reinstatement ',i the lcspondcnt workman

21. Tn Ihr case of Sb-ishikant Bh-i^vanf Kult-ami vl- Indiii Rfd Cross Society. Solemn- nnrl nnr ivtvutfd ;>i TI00 (S4) FTT? 114. the Inborn- Court hel,} that tern.I.Vi^-in ",,f fervid of thf cmnlovpf ws illegal hrinf ,'r. vioiaiinn of Hi- provi- sions of s-c "ISF of ihe Tndnslri:)! D'smitps \r-t 1947 How- ever the Labour Court awarded Rs. 10,000 to Ihe employee5 r2 THR GAZETTE OF JNPIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART H—SEC. 3(ii)] or reins.Ucmont the maiiaiu'ment of Central Hank of India don, shall pav to hei Rs. 10,000 (Rupees Ten Thousand only) by way ot compensation. The management of Central Bank or India, Cioa, shall also pny u> Smt. Savita Atlckar tuli hack W.IP.CS fiorn the date of temiinalion of her service nil the date of ihi: Award. However, the amount of Rs. 12.230 shall ho deduct'd fiom (he aimnini payable to- wadrs back wages.

No order as to costs. Jntorm the Government accordingly.

us compensation in lieu of rnn.slnteinenl nnd one of the- main reasons for not wauling reinstiitjiTienl was that the concerned employee who was woikim> m, Analytical f hi mi- si was empl\>vcd in I'J74 where as th;.- other Analylieal Chemist uas in employment fiom I%S and (here was no work foi two Analytical Chemists and fuilher if the Award for reinstatement was passed, pursuant to the Awaid the concerned employee will have to be rcinilateil and the other senior chemist will have to be mov;d as there was no work for two employees. I he Bombay Miyh Court ,'ipreed with the reasoning o[ the Labour Court and upheld the Award.

A JIT J. AGNf, Presiding Officer 22. In the light of whal is discussed above inrludiiig the

New Delhi, the 24th August. 2001

S-O. 2534-—In pursuance of SecLion 17 of the

Industrial Dispute Act,, 1947 (14 of 1947), thL- Central Government hereby publishes the awa-d of the Central

Government Industrial Tribun.J-cum-LC, New Delhi

as shown in the annexure i;i the Industrial Dispute

between the employers in relation io the management

of New Bank of India (Punjab National Bank) and

their workman, which was received by the Central

Government on 24-O8-2001.

[No. L-12012/213/93-XR(B-Il)]

C. GANGADHARAN, Under Secy.

ANNCXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRrBUNAL-CUM-LABOUR

COURT :NEW DELHI

PRESIDING OFFICER : RUDRESH KUMAR

ADJUDICATION

l.D. No, 18/94

Ref. No. L-I2012/2I3/93-I.R.B-2 ditcd 14-2-94.

BETWEEN

Smt. Madhu Bala Shurmr.,

ease low, I am of the view I hat in llie present case the workman is not eniilled to leinstatcmcni in seivjcc though, termiantion of her service is held to be illegal nnd unjustilld being in violation of the provisions of Sec. 25F of the Jndustiial Disputes Act, 1!>47. The workman was employed on daily waxes on temporary basis. She WHS employed to do the work of cleaning the hnnk premises of employer's Mapusa branch. She was employed apemse of need on nccount of the promotion of Mr. Arolkai who was working as part time sufai Uumachaii nnd was doinjj the woik of cbaninc the bank premises. After the appointment of Mrs. Mnria Fernandcs ns the part time -.afai kaimacharj, two persons were not required to do the work of cleaning the bank premises. The circular dated 30th September 197K Exb. U-l colly of the Minisliy of Finance and the circular dated 3-4-1900 Exh. £-2 issued by the Dy. Oemnil Manager (PRS) of the employer bank shows th.U for the lecruitmcnt of the sub-staff the prescribed procedure in to be followed being that the candidate must not be ah.we the age of 25 venrs; he must have passed standard 111 and also must have been interviewed; besides, the nome of the candidate must be sponsored by Employment Exchange, when the workman was employed she was of the ace of ih years and she did not possess the requisite qualification nor she w'as interviewed. Besides, her name was also not sponsored hv Employmnt Exchange. Thus she was not entitled to be cmploye.1 as siib- staff. If the workman is now awarded reinslaternent in service, the same would amount to regularising htT services though she was not eligible to be appointed os sub-staff. Besides, the workman was in cmplovmcnl for a very short period, that is. from 21-1-91 to 23-12-91 ivhieh is less than one year. There is nothing on record to ihow that besides the post of safwi karmaehari, there is also the post of a sweeper or any other equivalent nosl. Considering nil Ihe above aspects f am of the view that the relief of reinstatement cannot be cronted to the workman, li M'_-;ul, jt is just and proper to award compensation to (he workman in lieu of the reinstatement Since the workman worked with the employer only for a short period, that is for less thnn one year, in mv view awarding compensation of Rs. 10.000 in lien of reinstatement would be reasonable, ind justified. As rewards the full back wanes, the- employer hi:s bwufiht on record through the evidence of the workman (hut she was self employed f"r vim<- period aftci termination of her service. Th" workman in her cross examination hri: admitted that from Janrarv 1992 to January 1996 she was supplying t*u to the errmlovces of the employer at the Mnpnsa branch. Shr* has stated th-i< th- employees ised to p:iv her Rs. 250 p.m. towards the sunnly of tea. Thus a-- per the own admis- sion from the woikm-in. she was self employed from Jinuarv 1992 to JfiniKirv 1996 and 'he total amnnnt enrnrd hv hrv during 'his ccioi' com¹¹'; to Rs. 122^0. This amount is liable to he"di'duc1fd from the amount payable tv> the workman towards back wniics. There is no i-vidcncr on record to show th-i| th • woiVnvn i ns 'ir Is ii aainful emriovment from Pebnnrv 1996. T 1lv:rrfore. hold that the workmnn ;s entitled to full back wagi^ f.-om the -<'HP of trrmination of hfr tprvicp till the (.'.•'<"' of the Award Ht"vcviT the above siid'amTint '^r Rs. 1¹?? ;s liable lo b- adinstrfi from the nm-fnnt payable to the workmin towards back \v;iges.

New Bank of India,

In the circunr-tiinces \ pass the foiWirui order

Tlnd, Floor,

16/32, Old Rajender Nagar,

ORDER

NcwDclhi-50.

AND

General Manager,

New Bank of India (Punjab National Bank)

1-Tolstoy Mart', New Delhi,

Tt is hTchv held that the action of the mnnnKement of Central Rnnk "f Tndia Goa. in terminalin'? the service'; of Ihe workmpn Smt Sa"i"a Ariekar, SweeuT, w ef 23-12-91 is not Wai and justified. However, it W held tlint Ihe manafi-m^nt of Cenlml Bank -of India, Goa. U jiistid^O in not rOp-:<>-Hn<* her for emnmeiment for future e">in'ovTi"pt. T^ is horebv further held that the worl-mnn Smt. ^ny'ia Arlekar is not entitled to reinstatement in service, Tn lieu5323 AWARD

workman has also denied of having received tele- gram dated 7-7-92 from the bank directing her to join duties. The case of the workman, in short, is that she all along was willing to lesume duties but her serious ailments prevented her to do so, By reference No. L-12012/213/93-1.R.B-2 dated 14-2-94, Ihe Central Government in tin; Ministry of Labour, in e x f e re of powers conferred by clan* e (d) of sub-section (I) aiid clause (2-A) oi' Section 10 rf the T.D. Art, 1947 (14 of 1947) mrde over this in- dustrial dispute, bj'.WL-fii General Manager, New Hank of India and Smt. Madhu Bala Sfu>nrui for adjudication.

T'ie reference is produced as under :

3. Admittedly, the workman did not join duties till 21-10-92 and taking advantage of clause 17 of the Vth Bipartite Settlement, the Assistai t General Manager of the Bank by a memorandum dated 21-10 92 ;i\ated her to have voluntarily abandoned the service. The appeal of the workman against the said order was rejected by the C r u r al Manager of the b-ink, hence the present dispute.

''WHETHER THE ACTION OF THE MANAGEMENT OF HRSTWHILE NEW BANK OF INDTA (NOW PUNJAB NATIONAL BANK) JN VOLUNTARILY RETIRING MRS. MADHUBALA SHARMA, EX. CLERK IS JUSTIFIED? IF NOT, WHAT RELIEF LS SHE ENTITLED TO?"

4. The core issue regarding adjudication is whether the workman Mrdhubala Sharma faithfully complied with the notice dated 4-2-92, received on 9-9-92 to explain the Management, about her ab- sence for more than 90 days and her willingness to join duties in the contemplated period of 30 days or subsequent to it with proper proof and justifica- tion? The Management has not disputed status of the workman in the services of the bank, but has pleaded specifically that the workman absented her- self unauthorisedly for several months from 13-11-91 to 13-4-92 and joined-duties for about seven days only. She did not report on duty from 20-4-92 onward, nor did file any application seeking leave or submitted medical-certificate to support case of her illness. She had no leave to her credit and did not inform the Bank and so was asked by telegram dated 7-7-92 to join duties but she did not comply. Thereafter, as required under clause 17 of the Vth Bipartite Settlement, notice was issued directing her to join Within 30 days from the date of the receipt of the letter. This letter was admittedly received by her on 9-9-92. She did not join duties within the contemplated period of 30 days from the date of re- ceipt of letter. Her undated letter did not reflect in definite terms, that she would join duties and so there was no option but to treat her voluntarily abandoned the service, as per provisions of clause 17 of the Vth Bipartite Settlement. Management has denied that the workman submitted any leave application or medical certificate at any point of time to substantiate her statement of being sick and unfit to resume duties. For the first time, she filed a medi- cal ceilificate with her appeal to Ihe General Manager, which, too did not justify unauthorised absence for months. The Management assets that action in accordance with clause !7 of the Vth Bipartite Settle- ment was justified.

5. Ck'use 17 of the Vth Bipartite Settlement is

produced hereunder for ready references:—

"17. Voluntary Cessation of EvnplJ-' ment 2. Smt. Madhubula Sharma, workman, joined in the New Bank of India, in clerical cadre on 5-8-75. It is admitted case that the New Bank of India has since merged with the Punjab National Bank and in the present adjudication, I he management of the Punjab National Bank has contested the claim against the workman. During November, 1991 the workman was posted at Regional Office, New Delhi of the New Bank of India (hereinafter referred to as Bank). It is alleged by the workman that she fell sick and was confined on medical grounds from 23-11-91 to 13-4-92. On recovery she reported to duty on 13-4-92 but just after few days, she again fell ill a-id absented from 20-4-92 onwards She had submitted kave applications with medical certificates but these facts and denied by the manage- ment. During her second spell of illness a notice dated 4-8-92, was received by her on 9-9-92 sent from the Regional Office. New Delhi in which, treating her to be unauthorised absent, she was directed to report, on duty within 30 days from the date of receipl of the letter, failing which the management would treat her voluntarily abandoned the service of the bank, withoii' giving any further notice to her to that effect. Above said letter also mentioned that at the time of joining within the stipulated period as aforesaid she should submit her explana- tion about unauthorised absence, which would be without prejudice to the bank's right to take any action under the service rules. The workman alleges that she replied to the letter dated 4-8-92 onward as she had been under constant medical treatment a,;d cb.erv'Uions. It is also plei-dcd that she had been submitting li'.'r Hive applications £"iU medical certificates in support of her illness to the bank. However, the Bank denied of having received any application or medical certificate, as has been plead- ed by the workman i.i her claim statement. The

by the Employee

2804 GI/"00!—3053?4 THE GAZETTE OF INDIA : SEPTEMBER 22. 2001/BHADRA 31, 1923 [PART IT—SEC. 3fii)J The earlier provisions relating to ihc voluntary cessation of employment by the employee in the earlier settlements shall stand substituted by the foil wing;

his absence within the said period of 30 days satisfying the management that he has not taken up another employment or avocation and that he has no intention of not joining duties, the employee will be deemed to have voluntarily rotired from the bank's service on the expiry of the said notice in the event of the employee submitting a satisfactory reply he shall be permitted to report for duty thereafter within 30 days from the date of the expiry of the aforesaid notice without prejudice to the bank's right to take any action under the law or rules of service.

(c) If an employee again absents himself within a period of 30 days without submitting any application after reporting for duty in response to the notice given after 90 days or 150 days absence, as the case may be, the second notice shall be given after 30 days of such absence giving him 30 days time to report if he reports in response to the second notice but absents himself a third time from duty within a period of 30 days without application, his name shall be struck off from the estab- lishment after 30 days of such absents under intimation to him by registered post deeming that he has voluntarily vacated his appoint- ment.

(a) When an employee absents himsclffrom work lor a period of 90 or more consecutive days without submitting any application for leave or for its extension or without any leave to the credit of beyond the period of leave sanctioned originally/subsequently or when there is a satisfactory evidence that he has taken up employment in India or when the management is reasonably satisfied that he ha; no intention of joining duties. The management may at any time thereafter give a notice to the employee at his last known address calling upon him to report for duty within 30 days of the date of the notice stating inter alia the grounds for coming to the conclusion that the employee has no intention of joining duties and furnishing necessary evidence where available. Unless the emp- loyee reports for duty within 30 days of the notice or gives an explanation for his absence within the said period of 30 days satisfying the management that he has not taken up another employment or avocation and that he has no intention of not joining duties, the employee will be deemed to have volun- tarily retired from the bank's service on the expiry of the said not;ce in the event of the employee submitting a satisfactory reply, he shall be permitted to report for duiy thereafter within 30 days from the date of the expiry of the aforesaid notice without pre- judice to the bank's right to take any action under the law or rules of service.

6. Section 17 deals with voluntary cessation of the employment by the employee. A complete procedure with unbuilt safeguards, have been given in clause (a) and (b). Sub-clauses (a)(b) and (c) of clause 17 deal with different situations and have prescribed mode of taking action, and also casting obligation on the employee to honestly and effectively satisfy the management about willingness to assume duties. Employee is not supposed to observe formality by sending application, intimating willingness but he/she must convcyin unequivocal terms, that v/hat prevented him/her not to join duties and also to produce proof therefore and to intimate in definite terms, the possible dale of joining.

7. In the present case, clause 17 is applicable, as according to the Management, the workman remained absent for several months unauthorisedly till ] 3-4-92, and joined I'or a week, only to be absent again. She did not report to duty, as was directed by telegram dated 7-7-92. The workman has taken the case of not having received any such telegram. In any event, the management sent a notice dated 4-8-92 in consonance with clause 17, which was admittedly received by her on 9-9-92, It was made clear in the said notic that she was required to join duties within 3 (b) When an employee goes abroad and absents himself for a period of 150 or more consecutive days without submitting any application for leave or for its extension or without any leave to his credit or beyond the period of leave sanctioned originally/subs- quently or when there is a satisfactory evi- dence that he has taken up employment outside India or when the management is reasonably satisfied that he has no intention of joining duties the management may at any time thereafter give notice to the employee at his last known address calling upon him to report for duty within 30 days of the date of the notice stating inter alia the grounds for coming to the conclusion that the employee has no intention of joining duties and fur- nishing necessary evidence, where available unless the employee reports for duty within 30 days of the notice or gives an explanation for5125 days from the date of receipt of the letter. The workman admittedly received this notice on 9-9-92 and also replied by a letter which was un- dated and not accompanied with any proof to justify absence or giving some definite date and time to join.

8. The undated letter sent by the workman, after receipt of the notice dated 04-08-92, is not disputed by the management. In fact, this letter finds reference in order dated 21-10-92, whereby the services of the workman was Healed volun- tarily abandoned. The workman continuously absented from 20-4-92, She had no leave to her credit. There is no material on record that the workman submitted any application, seeking leave or filed any medical certificate. No. doubt, the undated letter refers to submissions of applications/medical certificates but no specific details have been given. It is also mentioned that the workman delivered the application by hand but nothing mentioned as on what dale and to whom such application was given. It is not explained as what prevenled not to obtain acknowledgement. This also, proves that the workman was physically fit to go to the oflicc. She allegedly handed over leave application alter receipt of the notice dated 4-8-92. Not getting acknowledgement despite notice makes it doubtful that the workman delivered any application by hand. She remained absent for months but did not file any postal certificate or receipt to prove submission of leave applications to the manage- ment.

9. Even in this letter, the details of the ailments attending physician, and nature ol' treat- ment were not given. IL is also not mentioned as by what date she would be able to join as per medical advice. It is on record that she was able to go the office and was not confined. Being a senior employee she was aware with the proce- dures for seeking leave and also consequence of unauthorised absence. She took notice leisurely and casually, giving Ihe inference ol" not being interested in employment, though showing willing- ness as and when she became well.

10. Taking her long absence, casual approach in not filing leave applications despite having no leave to her credit, non-disclosure of the nature of ailment and treatment, and also vague reply to the notice dated 4-8-92, the only inference dedueible, is, that she was not a willing worker and the action of the management to invoke powers under clause 17, was not unjutified.

11. The management did noi pass final order before 30 days from the date of receipt of the notice. Admittedly, the notice was received on 9-9-92 and the order was passed on 21-10-92. There are no legal infirmities in passing the order. Earlier, the action of the management was held to be justified.

12. Since action was taken, treating the workman voluntarily abandoned the employment under clause 17 of the Vth Bipartite Settlement, there was no question to comply with section 25-F I, D. Act or any other measures like domestic enquiry etc.

13. Accordingly, the action of the management in treating the workman, Mrs. Madhubala Sharma, voluntarily abandoning the service is justified The workman is not entitled to any relief. f4. Award as above.

New Delhi

Dated : 22-8-2001

RUDRESH KUMAR, Presiding Ofticei New Delhi, the 24th August, 2001 S. O. 535.— In pursuance of Section .17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government Industrial Tribunal- cum-LC, New Delhi as shown in the annexure in the industrial Dispute between the employers in relation to the management of New India Assu- rance Company Limited and their workman, which was received by the Central Government on 24-08-2001.

[No. L-17011/1/94-IR (B-II)/ C. GANGADHARAN, Under Secy.

5326 THE GAZETTE OF TNDIA : SEPTEMBER 22. 2001/BHADRA 3J, 1923 [PART II—SFC. 3(ii)]

ANNEXURE

BEFORE SHRI RUDRESH KUMAR : PRESID- ING OFFICER : CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL : NEW DELHI.

I. D. No. 86/94

The General Secretary, General Insurance Employees Federation, C-30, Community Centre, Naraina, New Delhi

Versus

The General Manager, New India Insurance Company Limited, 124, Jcevvan Bharti, New Delhi-110001

AWARD

By reference No. L-1701 J/01/94-I.R. B-2, dated 28-7-1994, the Central Government in the Ministry of Labour submitted follow ing refernece for adjudication,

"Whether the management of New India Assurance Co. Ltd., Nevv Delhi was justified in issuing the circular dated 16-9-1991 directing for withdrawal ol grade increment of Rs. 240/- in the running time-scale on promotion to the higher grade after reaching the basic stage of Rs. 2500/- in the time-scale in the subs- tantive cadre of the stall, If not, what relief the staff are entitled to. "

2. Today the workman, O. P. Rajodia. General Secretary of the General Insurance Employees' Federation, Northern Region, submitted an application Ref No. GIEF. N. R : 50 : 99, dated 22-8-2001 and informed this Tribunal [hat in view of wage revision of General Insurance Employees Scheme dated 22-6-2001 the anomalies forming part of the refernece were rectified by the management. Accordingly, the workman is not interested to pursue this case and requested to treat the case withdrawn.

3. The application was veiified before the Court. Since the workman is unwilling to pursue this case and the grievances has since been redressed, the reference is returned without adjudication on merit, treating it as withdrawn.

4. The Award in shape of 'NO DISPUTE AWARD' is given.

RUDRESH KUMAR, Presiding Officer New Delhi, the 24th August, 2001 S.O. ; 536.—In Pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government lLdu.;,tiiul Tiibuupl-cum- LC, New Delhi as shown in the annexure in the Industrial Dispute between the employers in rduljon to the management of New Tndia Assurance- Company Limited and their workman, which was received by the Centra) Government on 24-08-2001.

[No. L-17012/120/90-TR(B-H)] C. GANGADHARAN, Under Secy.

ANNEXURE

BHFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT :NEWDLLHI

Presiding Officer : Rudresh Kumar

ADJUDICATION

I.D. No. 136/90

Ref. No.L-17012/20/90-I.R.B. II Dated:

BETWEEN

Shri Narendra Kumar 86 Chand'.T Shckhar Azad (Near Ganesh Mandir) Jhansi (U.P.) C/o Shri R.D. Vishnoi, House No. 932, Block 'Y\ Kidwai Nagar, Kanpur.

AND

The Management of New India Assurance Co. L(d. Regional Office, Bhopal.

AWARD

By reference No. L-17012/120/90-I.R.B.-Il dated the Central Government in the Ministry of Labour, in exercise of powers conferred by clause (d) ol sub section (1) and (2-A) of Section 10 of the I.D. Act, 1947 (14 of 1947) made over this industrial dispute between the workman Narendra Kumar end the Management of New Tndia AmuiaiiCe Company5327 Limited, Regional Office, Bhopal for adjudicaiun.

The ivfcrcr.ee is produced as under:

R.K. Ban,saI as asrisU-nt, is, al:,o denied by the m^ni'gc ment. The Management in his wrl.ten siatemcnt relied on 1988 Lab, I.C. 1727 and 1985 LLJ CA No. 217 decided on 2-7-97 by the Gujarat High Court and on the s;>id basis claim of reinstatement is assailed,

"WHLTHER THE ACTION OF THE MANAGEMENT GF NEW INDIA INSURANCE COMPANY LTD, JN TERMINATING THE SERVICES OP SHR1 NARENDRA KUMAR IS JUSTIFIED? IF NOT, TO WHAT RELIEF IS TH(- WORKMAN ENTITLED?"

4. Both the parties relied upon documentary and oral evidence adduced in the case. The workman in his rejoinder cited several examples that of Kamal Nigam, Vishwakarma, Ram Niwas Sharma and others whose services were regularised though they were similarly placed. The workman filed photo copy of confidential letter dated 20th February, 1989 signed by Y,V. Singh Assistant Branch Manager and letter dated 4-4-79 addressed to the Divisional Office Gwalior. Both these letters have been admit- ted by the opposite parly Management. In these two letters, it is categorically mentioned that Narendra Kumar was engaged as a clerical staff as the branch was functioning without assistance of any clerical staff and also that he continuously worked from 12-8-85 to 16-5-86 i.e. for 244 days. In its admit ted letter dated 4-4-79 having details of working- days and mode of payment, the Management acknowledged period of work to be 244 days. A number of vouchers besides some other letters signed by the officers of the management are also relied. Letter No. GWL/DO/PERS/91 dated July 30, 1991 relied by the workman mentions that no appointment letter was issued to Mr. Narendra Kumar. This letter also admits 244 days continuous working.

2. According to the workman, Narondru Kumar, the Management of the New India Assurance Com- pany Limited established a new branch at Morena in Madhya Pradesh and appointed him on daily rated wage bnsis as an office assistant (clerical) w.c.f. 12-8-1985. As he wo: a commerce graduate, the Branch Manager and also the Divisional Manager assured him to regularise his services soon by making their best efforts for the ami¹, He worked on the same post continuously from 12-8-85 to 16-5-1986.. The nature of work was regular in the new Morena Branch and there was no other employee except him, appointed against the said post. He complied more than 240 days during the 12 calender months. However, instead of regularising Ivni, Ihe m:'r."la- ment abruptly terminated his se.-viees after J6-5-1986, Prior to his retrenchment aforesaid, Ihe Management appointed B.K. Ban sal on daily raie bcisis. He was not given any notice or paid notice p:

3. The Management has no. admitted claim of th e

53,8 THE GAZETTE OF INDIA : SEPTEMBER?^, 2001/BHADRA 31, 1923 [PART II—SEC. 3(ii)]

case. As such, the termination is void, ab nntio. The workman's attempt to be selected on regular selection tost and has deficiency in type test, in no way, would cure legal defects of the termination.

6. It is, thus, clear that the workman Narendra Kumar worked continuously for 244 days and his termination was against the statutory requirements of section 25-F of the I.D. Act, rendering the termi- nation void ab initio. The case law cited by the management are not applicable in the facts and cir- cumstances of the case, particularly, in face of law laid down by the Apex Court in Mohan Lai Case (Supra) and Narotam Chopra case (Supra). 7. Accordingly, the action of the Management in terminatng the services of the workman Narendra Kumar was illegal. The workman is entitled to continuity in service with full back wages.

8. Award as above.

New Delhi RUDRESH KUMAR, Presiding Dated 21-8-2001 Officer New Delhi, the 28th August, 2001 S. O. 2?.17.—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 Labour Court, Kollam as shown in the AnneMirc in the Industrial Dispute between the employers in relation to the manage- ment of State Bank, of Travancore and their workman, which was received by the Central Government on 27-8-2001.

[No. I-12012/295/97-1R (B-l)] A JAY KUMAR, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT LABOUR

COURT, KOLLAM PRESENT:

SRT P. RAMACHANDRAN NA1R, PRESIDING OFFICER

TUESDAY THE 12th DAY OF DECEMBER 2000/21st AGRAHAYAN 1922 INDUSTRIAL DISPUTE No. I/98(C)

>•. .Management Between The Deputy General Manager^ State Bank of Iravancore, Head Office, Poojappura, Thiruvanan thapuram-695012 1 And

>•. .Union

The General Secretary, State Bank of Travancore Stan" Union, P.B.No. 5601, Thiruvananthapuram-695 039. J

Representation

> . .For the Manage-

ment

Sri K.N. Sudkaharan Pillai, ~) Assistant General Manager, Sri Xavier Cherian, Manager Law). Sri. K.S. Riza Mohamed, Assistant Manager (Law)

AWARD

As per Order No, L-12012/295/97-IR(B.I.) stated 28-8-98 the Government of India referred an 'in- dustrial dispute' between the management of State Bank of Travancore Trivandrum (hereinafter re- ferred to av the 'management') on the one part and the State Bank of Travancore Staff Union (herein- after referred to as the 'Union') on the other to this Labour Court for adjudication. The issue referred for adjudication was :

"Whether the action of the management of M/s. State Bank of Travancore in inflicting the punishment of withdrawal of special allowance and reduction of scale of pay by one stage in respect of Sri. P. Joy, for certain alleged charges is justified'.' If not to what relief, the workman is entitled to?"

2. Persua.nl to the reference and also summons intimating the date of hearing of the dispute in the Labour Court, both the management and the union entered appearance here through their respective representatives. The union filed a claim statement and the management filed their written statment ot defence stating out their respective pleas.

3. The union was espousing the cause of one Sri, P. Joy, Cashier/Clerk Vadasserikkara branch. (In this award Sri P. Joy is being referred to as the 'workman'). In the year 1994 Sri. P. Joy was work- ing as Head Cashier of Mallassery branch of the management bank. During that period, for certain alleged misconducts on his part, the management initiated disciplinary action against him. A memo of charges was served on him and he was asked to reply the charges. The workman kept silence for a pretty long period. Thereupon the management conducted a domestic enquiry to find out the truth of the charges. After holding the enquiry, the En- quiry 3Xn;er submitted his report. Altogether there5329 (h) The enquiry proceedings were not biased and

there wa.i no denial of any of the salient

principles of natural justice to the workman.

and there was no element of vindictiveness

in initiating the disciplinary proceedings were four charges (n to d) against the workman. The Enquiry Officer held that charge (a) and (cl) have not been established; but charges (b) & (c) have been established. A copy nf the finding of the Knquiry Officer was sent to the workman I'm his comment. On 12-8-96 he submitted his remarks. After considering those remarks the management accepted the findings of the Enquiry Officer and imposed the following punishment;

against the workman or in conducting the

disciplinary enquiry or in imposing the

punishment,

For charge (b) ; Special Allowance of the work- man as head cashier was with- drawn:

(d) The management was fully entitled to impose

the punlishment and hence there is no merit For charge (c) ; Reduction in the scale of pay by one stage.

in the contention of the union that the

punishment is void because of lack of juris-

diction.

The above punishment gave raise to this indus- trial dispute which, when eluded conciliation and settlement, was referred for adjudication to this Labour Court.

4. In the claim statement of the Union, the

following points are seen urged. :

(a) The workman is not guilty of the alleged charges which are vague, defective, lacking in material particulars and self contradic- tory. The allegations in the charges do not constitute any of the listed clauses of mis- conducts in the service condition of the- workman.

(b) The enquiry proceedings were conducted in a biased manner violating the principles of natural justice.

malafides and vindictiveness,

(d) The punishment imposed on the workman is without authority and hence the same K void. For reasons stated above the Union wanted this Labour Court to pass an award setting aside the order of punishment.

5, In the Written Statement of the management they resist the claim of the union, inter alia, on the following grounds :

6. The management produced the enquiry file. No oral evidence was adduced by either side.'At the time of hearing the dispute, arguments were ad- dressed by both sides on the point as to what extent the Labour Court can interfere in a dispute of this nature. While the union maintained that as the Adjudicatory Authority under the Industrial Disputes Act, the Labour Court is fully competent to consider all aspects of the dispute and therefore it can consi- der the whole issue and pass appropriate orders, On the other hand representative of management vchementally contended that in cases of exercise of disciplinary powers by the management, except those falling within the scope of Section 11 A of the Industrial Disputes Act the jurisdiction of the In- dustrial adjudicator is very much limited. Accord- ing to him under the provisions of the Industrial Disputes Act, as interpreted by the Supreme Court and the High Courts, the power of the Industrial adjudicator to tread in the field of managerial author- rity to take appropriate action against an erring employee with a view to maintain discipline jn the establishment is limited to : (a) When the action of the management is either malafide or perverse, or victimisation; (b) when there is violation of basic principles of natural justice and (c) When the quantom of punishment imposed is shockingly disproportio- nate to the nature and gravity of the misconduct. The representative of the management contended that none of the above aspects is present in this case and hence the Labour Court has no occassion to interfere with the disciplinary action of the manage- ment agaias he wJrkn 5330 THEC1AZF.TTE OF IMDIA : SEPTEMBER 22. 2001/BHADRA 31, 1923 [PART n—SEC-. 3(ii)]

withdrawals of" special allowance for the misconduct of smokirg and the punishment of reduction in the scale of pay by one stage for the misconduct of engaging in the business of shares and UTI Units in the name o! his wife Tn view¹ of the nature and gravity of the misconducts I feel that I am not justi- fied in viewing the punishment awarded as dispro- portionate.

9. In the claim statement filed by the Union there is an allegation that the enquiry proceedings were conducted in a biased manner violating the principles of natural justice. In order to support this plea the union made the following allegations :

"Documents in management's custody which were very crucial and vital to PTOVC workman's innocence were denied. So also several defence documents were unilaterally declained to be accep- ted and marked in the enquiry. On the whole a proper enquiry was not at all held".

There is another allegation that :

"The workman stands punished in an arbi- trary and illegal manner without a fair oppor- tunity of defending his side".

5331

notings in the proceedings paper I do not fell that the non production of the papers relating to the preli- minary enquiry has caused any prejudice to the workman. It is also seen that as agreed, the manage- ment made available the other document*. 1 there- fore hold that there is no substance in the above claim of the union,

9. (a) The other contention that the workman was denied fair opportunity to dei'end his case is based on the fact of transfer of his representative to another station. But the management clarified that although the defence representative was transferred, he was given all facility to continue to defend the delinquent employee after such transfer. This is not refuted by trie representative of the union. After considering the whole circumstances I feel there is no subslancc in the contention of the union that there is violation of the principles of natural justice,

10. The workman does not attribute any evil motive on the part of the management in initialing disciplinary action against him. That apart no cir- cumstances indicating that the disciplinary action against him taken by the nianagoment was really malafide and it is a case a victimisation is brought out. Therefore I find that the action of the manage- ment is not vitiated on that ground as well.

11. Now what remains is the evidence gainst the workman. It is not a case of 'no evidence'. There is evidence and that evidence was evaluated by the enquiry officer and for a second time by the manage- ment also. I have already pointed out that the adjudicatory authority is not functioning as an appel- late authority where the punishment is neither dis- missal nor discharge. Therefore it is for the manage- ment and not for the Labour Court to evaluate the evidence and arrive at a conclusion as to whether the guilt of the delinquent is established or not. After considering the evidence as a whole and circumstances of the case I do not find any thing to conclude that it is a case of victimisation of the workman. I therefore see no merit in the claim of the union.

For reasons stated above I pass an award confir- ming the punishment awarded to the workman invol- ved in this case namely Sri P. Joy.

Dated this the 12th day of December, 2000, P. RAMACHANDRAN NA1R, Presiding Officer 2804 GI|2001—31,

NLW Delhi, the 23th August, 2001

S.O. 2538,—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 ut J947\ the Central Government hereby publishes (lie award of the Central Government Industrial Tribunal/Labour Court, Bhuhaneswar as shown in the Anriexuie in the Industrial Dispute between the employers in relation to the management of Balasorc Gramya Bank and ll.cir workman, which was received by the Central Govern- ment on ?7-S-2001.

I No L-12012/219/98-IR(B-I)l

AJAY KUMAR, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT: BHUBANESWAR PRESENT:

Shri S. K. Dhal, OSJS, (Sr. Branch). Presiding Officer, CG.I.T.-cum-Labour Court, Bhubuneswar.

Tr. Industrial Dispute Case No. 205/2001 Hliuljane^war the lOtfi August, 2001

BETWEEN

The Management of Chairman, Balasore Gramya Bank, Vivekananda Mmg, Balasore, P.O./Diit. Balasorc, . . .. 1st Party-MaDasement

AND

Their Workman, represented through the General Secretary, Balaaori; Gramya Bank Employees Association, Vivekanunda Mar;*, At. Srikantapur, Balasore.

, , ,. 2nd Party-Union APPEARANCES :

Shri Manoi Kumar Das Patnaik, Vigilance Officer, Head Office. Balasore.

None,

. . .. For the 1st Pafttv- Management. . . , , For the 2nd Partv- Union.

AWARD

The Government of India in the Ministry of Labour, in exercise of Powers conferred by cliuisc (d) of sub-section (1) and sub-section 2(A) of section 10 of the Industrial Disputes Act, '947 (14 of 1947) have referred the followina disputes for adjudication vide their Order Ni\ L-12012/219/98-IR(B-l), dated 08-01-1999 :—

''Whether (he demnnd of the Balasore Gramya Bank Fmployccs Association fcr payment of one day wages for 30-09-1997 in lieu of unauthorized deduction from the solarv of Shri A K, Mohanty. Clerk-cum- Cashier of Khirochora Gopinath Branch is justi- fied 7

If so, what relief the workman is entitled to ?" 2. Insnite of receipt of intimation from the Government of India (Ministry of T nhouri and from the Tribunal since 1999 the Union has noi filed (heir State of Claims nor has made appearance before the Tribunal No step has been taken bv tti" Union to take part in rhe nrocecding so as to enable this Tribunal for ans-.vcrinfl the reference.

5332 THE GAZETTE OF INDIA : SEPTEMBER 22. 2001/BHADRA 31, 1923 TPART II—SEC. 3(ii)]

3. The silence and absence of tho Union suggests that, no dispute exists hefweeu tlic parties nnd the Union has got no (.Tievance and they have toi mi cause of action.

4. Hence, no dispute- award is> passed.

5. The reference is enswued accordingly.

S. K, DHAL, Presiding Officer 10-08-2001

New Delhi, the 28th August, 2001 S.O. 2539.—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, Bhubaneswar as shown in the Annexure in the Indus- trial Dispute between the employers in relation to the management of Slate Bank of India and their work- man, which was received by the Central Government on 27-8-2001.

[No. L-J2OI1/67/97-IR(B-I)J AJAY KUMAR, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BHUBANESWAR

PRESENT :

Shri S. K. Dhal, OSJS, (Sr. Branch), Presiding Officer, C.Cj.I.T.-cum-Labour Court, Bhubaneswar.

Tr. Industrial Dispute Case No. 186/2001 Dated, Bhubaneswar, the 16th August, 2001

BETWEEN

The Management of Chief General Manager, State Bank of India Zonal Office, Bhubaneswar-7510()V . .. 1st Party-Management.

AND

Their Workmen represented through the General Secretary. SBI Employees Union, State Bank of India, Zonal Office, Bhubaneswar-751001. • - • 2nd Party-Union.

APPEARANCES :

Shri U C. Mishra. Shri D. C. Sabat and vShri N. N, Pntnaik, SBI, Local Head Office, BLiubane'Avur. . . . F or the 1st Party-

Management.

None.

. . . For the 2nd Parly-

Union

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 disputes for adjudication vide their Order No. L-1201 l/67/97-IR(B-I) dated 1-9-1998 : —

"Whether the action of the management of the State Bank of India for prolonging the en- quiry i.e. by cancelling the 1st enquiry and starting a fresh enquiry was justified, if not, to what relief the workman is entitled to 7"

AND

"Whether the action of the management o[ State Bank of India in awarding higher punish- ment to the workman is justified, when the account itself was a fraud account, if not what relief the workman is entitled to ?" 2. Tn pursuance to the intimation sent by the Gov- ernment of India (Ministry of Labour), the Union has filed their claim statement after serving copy to the Management. He has also filed the list of docu- ments. The Management has filetf their Written State- ment denying all the facts alleged by the Union.

3. The Union mainly has challenged the denov of enquiry made by the Management and against the higher punishment awarded to him without any mate- rials The Management in their written statement has pleaded that, after the enquiry was completed the disciplinary authority considering the materials placed before hira passed the order of punishment according to the rules. According to the Management the punish- ment awarded is just and proper.

4. On the pleadings of both the parties the following issues have been settled :—

I. "Whether the action of the Management of the State Bank of India for prolonging the enquiry i.e. by cancelling the 1st enquiry and starting a fresh enquiry was justified ?

JI. Whether the action of the management of State Bank of India in awarding higher punish- ment to the workman is justified, when the account itself was a fraud account ?

JTl. Tf not, what relief the workman is entitled to ?"

FINDINGS

5. Tssue Nos. I and If.—-The claimant in spite of intimation issued by the Tribunal from time to time has not taken part in the hearing of the case. He has not examined any witnesses or exhibited any docu- menls in support of his pleadings. He has not come to the witness box to support his case.

5333

6. When the claimant has not taken part in the hearing of the case and failed to examine himself or any witness it would be presumed that, he has got no case and the averments made by the Management in their written statement appears to be correct.

7. The absence of the workman would suggest that no dispute exists between the parties at present and the workman has got no cause of action. Hence, issue Nos. I and II are answered in favour of the Manage- ment.

8. Issue No, III.—In view of the findings given in respect of Issue Nos, I and II the workman is not entitled for any relief. Hence, no dispute award is passed.

9. Reference is answered accordingly.

S. K. DHAL, Presiding Officer New Delhi, the 30th August, 2001 S.O. 2540.—In pursuance of Section 17 oi the Industrial Dispute Act 1947 (14 of 1947), the Central Government hereby pub- lishes the award of the Central Government Industrial Tribunal Nagpur as shown in the Annexurc in the Industrial Dispute between the employers in relation to the management of State Bank of India and their workman which was received by the Central Govern- ment on 29-8-2001.

[No. L-12012j184 98-IR(B-r)"| AJAY KUMAR, Desk Officer ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, NAGPUR PRESENT :

Shri B. G. SAXENA, Presiding Officer Reference No. CGTT : 5912000 The Asstt. General Manager, State Bank of India

AND

Shri Ravindra Panditrao Radu

AWARD

The Central Government, Ministry of Labour, New Delhi by exercising the powers conferred by clause (d) of Sub Section (1) and Sub Section 2(A) of Section 10 of the Industrial Dispute Act 1947 has referred this dispute lor adjudication vide order No. L-i2012|184j98|lR(B-I) dated 18-03-1999 on following schedule.

SCHEDULE

"Whether the action of State Bank of India through its Asstt. General Manager, Rcgion-V, Zonal Office, Kingsway, Nagpur in awarding punishment of stoppage two incre- ments with cummulative effect dated 25-03-96 upon Shri Ravindra Panditrao Kadu, Agricultural, Assis- tant, State Bank of India Kurha Branch, Distt. Amravati is justi- fied ? If not, what relief of the work- man is entitled ?"

This reference was sent to C.G.I.T., Court N o ll on 18-03-99. The undernoted issues were framed by Shri S. B. Panse, Presiding Officer on 14-12-99.

ISSUES

(1) Whether the domestic enquiry which was conducted against the work- man was against the principles of natural justice ?

(2) Whether the findings of the l.O. are perverse ?

(3) Whether the action of the manage- ment in awarding the punishment of stoppage of two increments with cumulative effect on the workman, Kadu is justified ?

(4) If not, to what relief the workman is entitled ?

Issues Nos. I & 2 were treated by Shri S. B. Panse as preliminary issues. On 13-09-2000 this Court passed the order that issues Nos 1 & 2 will be decided along with other issues.

The brief facts mentioned in the statement of claim are as under.

5334 THE GAZETTE OF INDIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART II—SEC. 3(ii)]

The bank management made queries from Police Station, Pulgaon, RTO Office and the seller of the vechile Anil V. Dhamande and got information that the workman Ravindra P. Kadu had utilised the amount for construc- tion of his house in place of purchasing Motor Cycle and therefore on 05-10-94 workman was informed that enquiry will be conducted against him. 17-04-95 was fixed for enquiry and the enquiry was concluded on 09-05-95 without recording any evidence from the side of the workman or from the side of the management.

The workman Ravindra Panditrao Kadu was Agricultural Assistant at Kurha Branch of State Bank of India at Distt. Amravati. He had taken Joan Rs. 15000 on 02-02-93 for purchase of Motor Cycle and had submitted receipt that he had purchased Motor Cycle from Anil V. Dhamande and has paid this amount through Bank Draft of Rs. 15500 and Rs. 1500 has been paid in cash to him. The workman could not follow the forma- laties of hypotheticating Motor Cycle as secu- rity on Form-B though he took time upto 26-10-93. After that the workman Ravindra P. Kadu refunded the whole amount Rs, 15000 along with the interest which had become due on this amount.

On 15-06-95 again the enquiry was re- opened and 17-08-95 was fixed. On this date the statements of the witnesses of the manage- ment W.M. Tapre, Branch Manager aud Shri A. E. Kulkarni were recorded. These witnesses were not cross examined by the workman.

As the workman paid full amount of loan along with interest on 17-11-93, he did not get any other document prepared from the seller of the Motor Cycle and the matter was closed.

On 05-10-95 the Enquiry Officer Shri Anil M. Deshpande submitted his Enquiry Report. The appeal of the workman was dismissed on 25-03-96 Ex. (M-31) and his one incre- ment was stopped for two years from due date i.e. 15-07-96.

The workman has taken the plea that after the payment of the amount of the loan to the bank there was no occasion for issuing him chargeshect on 08-08-94 or to conduct any enquiry against him. It is a case of victimisa- tion and harassment and his one increment with cumulative effect i.e. 15-07-96 for two years has been illegaly stopped by the manage- ment. He is entitled to get this said incre- ments from the due date.

In the reference it is mentioned that from 25-03-96 two increments of workman, Ravindra P. Kadu have been stopped.

In this Court the statement of R. P. Kadu was recorded on 18-10-2000. The workman Ravindra P. Kadu closed his evidence. From the side of management of State Bank of India, the statement of Anil M. Deshpande Enquiry Officer was recorded on 12-06-2001. He was cross examined by the defence re- presentative of the workman Shri S. D. Lapalikar. Another witness Arvind E. Kulkarni also appeared for the manage- ment and he was cross examined on 12-06-01.

Both the parties agreed that only one incre- ment of workman. Ravindra P. Kadu was slopped for two years from 15-07-96 and the date and the number of the increments mentioned by the Desk Officer in the schedule are not correct.

I have heard the arguments of the counsel for the State Bank of India and defence re- presentative of the workman. Both the parties have submitted their written argu- ments also.

I have considered the entire Oral and Documentary evidence on record and the arguments of the both the parties.

Issues Nos. 1 & 2 arc decided together re-

garding the fairness of enquiry.

In the written statement, the management stated that the workman, Ravindra P. Kadu had taken loan Rs. 15000.00 from the bank and had submitted receipt on 02-02-93 that he had purchased the Motor Cycle from Anil V. Dhamande by paying Rs. 1500.00 in cash and Rs. 15500.00 by draft No. 531897, dated 02-02-93. When the workman returned the amount of loan and his loan account was closed on 16-11-93, the bank management became doubtful as to why he has refunded the amount of loan with interest after nine and half months from the date of receiving the loan amount.

From the evidence on record and the statements of witnesses it is clear that Ravindra P. Kadu had taken loan Rs. 15000.00 from the bank for the purchase of Motor Cycle on 02-02-93. The manage- ment of bank has accepted in the written statement that he had submitted bank draft bearing No. 531897 dated 02-02-93 at the time of taking the loan. If the workman Ravindra P. Kadu had submitted bank draft that he has paid Rs. 15500.00 to 4nil V. Dhamande on 02-02-93 and has onUtineJ receipt from him for the sale of Motor Cycle then it is clear that the workman did LUK deceive the Bank any way. More over this .person Anil V. Dhamande was not called by the Enquiry Officer during the enquiry pro- ceedings for his evidence. Therefore there was no evidence before the Enquiry Officer to prove the charge that the Motor Cycle was not sold by Anil Dhamande to the workman. There was also no evidence before the Enquiry Officer that the workman Ravindra P. Kadu had utilised the amount Rs. 15000.00 for the construction of his house. The defence re- presentative of the workman has argued that Anil V. Dhamande was pressurised by Shri A. E. Kulkarni to say that the Motor Cycle was not sold and he has received back the amount from the workman.

Arvind Eknath Kulkarni also appeared in this Court as witness from the side of the management but he did not support the case of management of the State Bank of India. A. E. Kulkarni in his cross examination on 12-i06-0I stated that he was appointed for the preliminary enquiry by the Assistant General Manager. He did not call Anil V. Dhamande at Police Station. He cannot identify Anil Dhamande. He did not make any enquiry about the sell of the Motor Cycle from him. He had gone alone to the Police Station. Anil Dhamande did not come to Police Station in his presence.

This witness A. E. Kulkarni does not say any where in cross-examination that Ravindra P. Kadu, workman had utilised the amount of loan of Rs. 15000.00 in the construction of his house. He further says that he had no talks with Anil V. Dhamande, the seller of the Motor Cycle. He does not know Anil V. Dhamande. He further says that he did not appear as witness during the enquiry proceedings. He did not give any statment to the Enquiry Officer against Ravindra P. Kadu. Thus the entire story given out by the manage- ment of the State Bank of India was based on the evidence of this witness Arvind Eknath Kulkarni. The statement of this witness totally shatters the story on which the charses were^framed against the workman.

y \' In the above circumstances the enquiry was not conducted according to the principles of natural justice and the findings of the En- quiry Officer are perverse.

The Enquiry Officer Anil M. Deshpande himself admitted in this Court in his state- ment on 12-06-01 that he had concluded the enquiry on 09-05-95. The defence re- presentative of the workman was S. D. Lapalikar. Lapalikar did not attend the enquiry. He had not recorded the statement of Tapre and A. E. Kulkarni when he conclud- ed enquiry on 09-05-95. He further admitted that he did not record the statement of these witnesses in the presence of Ravindra P. Kadu after the re-opening of the enquiry. It is argued by defence representative of the work- man that no evidence was recorded by the Enquiry Officer against the workman upto 09-05-95 when he concluded the enquiry.

The workman Ravindra P. Kadu had not authorised Hemant Pandit as his Defence Representative and therefore there was no ground for the enquiry officer to re-open the enquiry on his request. The Enquiry Officer took application from Hemant Pandit because the management was interested in re-opening the case and to continue to harass the work- man. On 17-08-95 also the said person Hemant Pandit did not turn up to cross exa- mine the witnesses of the management. Tt shows that Hemant Pandit was not the defence representative of Ravindra P. Kadu and he was not interested in cross examining any witness of the management during en- quiry. The Enquiry Officer did not provide any opportunity after 17-08-95 to Ravindra P. Kadu for cross examining the witnesses of management.

In the above circumstances the enquiry was not conducted by the Enquiry Officer according to the principles of the natural justice.

The findings of Enquiry Officer arc not based on reliable and satisfactory evidence. The findings of the Enquiry Officer arc there- fore perverse.

Issues Nos. 1 &. 2 are decided accordingly.

Issues Nos. 3 & 4 are also bcinsj decided 'ogcther.

Tn the circumstances discussed above and the evidence on record the punishment awarded by the management is unjustified.

5336 TliE GAZETTE OP INDIA. : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART II—SEC. 3(ii)]

When the workman R. P. Kadu had paid the full amount of loan along with interest on 17*11-93 and he had not caused any loss to the bank, there was no justification for holding any enquiry against him. In the above circumstances there is no evidence to prove the misconduct of the workman, Ravindia P. Kadu. The stoppage of one increment from 15-07-96 for two years from cumulative effect as per order No. AGM-V-AS-7499 dated 25-03-96 is illegal and unjustified. The order of disciplinary authority, Assistant General Manager, Region-V. State Bank of India, Zonal Office, Nagpur dated 25-03-96 refer- red to above is therefore sctaside.

Ravindra P. Kadu, the workman shall get his regular increments from 15-07-96. The arrears of the above increments shall be paid to him with in three months from the date of publication of this award in the Central Government Gazette of India.

AWARD

The action of the management of State Bank of India through its Assistant General Manager, Region-V, Zonal Office, Kingsway, Nagpur in awarding punishment to Ravindra Panditrao Kadu of stoppage of one incre- ment which fell on 15-07-96 for two years is unjustified.

The workman Ravindra Panditrao Kadu shall get his regular increments as and when fell due from 15-07-96. The amount of arrears of increment shall be paid to him with in three months from the date of publication of this award in the Central Government Gazette of India.

The reference is answered accordingly.

Dt. 9-8-2001.

B. G. SAXENA, Presiding Officer New Delhi, the 30th August, 2001 S.O 2541.—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 Government Industrial Tribunal, Nagpur as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of Central Railway and their workman which was received by the Central Government on 29-8-2001.

[No. L-41012;239|2000-IR(B-I)] AJAY KUMAR, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NAGPUR PRESENT :

Shri B. G. SAXENA, Presiding Officer Reference No. CGIT : ll|2001 THE DIVISIONAL RAILWAY MANA- GER, CENTRAL RAILWAY AND

SHRI SURESH THRAMBAK WAGH

AWARD

The Central Government Ministry of Labour, New Delhi by exercising the powers conferred by clause (d) of Sub Section (1) and Sub Section 2(A) of Section 10 of the In- dustrial Dispute Act, 1947 has referred this dis- pute for adjudication vide order No. L-41012' 239!2000|IR(B-I) dated 14-02-01 on follow- ing schedule.

SCHEDULE

"Whether the action of the management of Central Railway, Bhusawal through its Divisional Railway Manager (P), Bhusawal, in termi- nating the services of Shri Suresh Thrambak Wagh, is justified ? Tf not, what relief the said workman is entitled ?"

This case was called out at 12-05 P.M. The representative of Central Railway, Bhusawal, Shri V. D. Kulkarni, Senior Personal Inspec- tor, DRM(P), Bhusawal station is present. He represented that the workman was inform- ed by railway about the date fixed in the case in the Court on 19-04-01 but he did not turn up to submit his statement of claim. He represented that the workman had remain- ed absent from duty from 04-10-83 to 08-02-845337 I.e. for 158 days continuously so he was removed from service. Again he was allow- ed to join duty vide order dated 04-02-87 but he again absented from 28-08-87 to 03-03^8. After enquiry he was removed from service on 1-H1-92. The Enquiry Officer had sub- mitted his Enquiry Report on 09-10-92 that the charge against the workman has been proved. The above facts were submitted by DRMfP). Bhusawal in this Court in his application dated 15-06-01.

The workman Suresh Thrambak Wagh did not appear in the Court on any date though case was adjourned five times from 10-05-01 to 03-08-01. Nobody appeared from the side oi the workman's union to represent the workman in this case on any date. Notice was sent to the workman by Registered Post on J 9-04-01. Again the notice was issued to the workman on 18-06-01 fixing 09-07-01 for submitting his statement of claim. The workman did not turn up and no statement of claim has been submitted in this Court.

Today also i.e. on 03-08-01, neither the workman turned up nor any representative from the union appeared in the Court to sub- mit any statement of claim, hence no relief can be granted to him. -

ORDER

The workman Suresh Thrambak Wash did not submit any statement of claim thoueh case was adjourned Jive times from 10-05-01. to 03-08-01. The reference is, therefore, disposed of for want of prosecution.

B. G. SAXENA, Presiding Officer Court, Nagpur as shown in the Annexure in the In- dustrial Dispute between the employers in relation to the management of WCL and their workman, which vi as received by the Ceniral Government on 29-8-2001.

[No, I_-22O12;2S8|97-TR(CII)J

N, P. KESAVAN, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, NAGPUR PRESENT :

Shri B. G. Saxena, Presiding Officer, Reference No : CG1T : 10412000

Sub Area Manager, Kuinpti Sub Area of W.C.L.

AND

Shri¹ Madhukar Naypurc.

AWARD (PART-IL)

The Central Government, Ministry of Labour, New Delhi by exercising the powers conferred by caise (d) of Sub-section (I) and Sub-section 2(A) sf Section 10 of the Industrial Disputes Act, 1947 has referred this cTispute for adjudication vide order No. L-22012| 288|97|IR(CM-T1) dated 20-7-98 on following schedule.

SCHEDULE

"Whether the action of the management of WCL represented through C.G.M., Nagpur Area, Nagpur and the Dy. C M. Kampti Sub- Area in dismissing the services of Sh. Madhukyr Nagpure, a general Mazdoor w.e.f. 26-9-96 is legal and justified ? Jf not. to what relief is Ihc workman concerned entitled?"

This reference was seni vide order No. L-22012] 288|97|IR(CM-1T), dated ; 20-7-98 to C.G.T.T., Court No. II at Mumbai. The evidence in this caso was also partly records! in that Court.

The arguments of tho counsel for the both the parties were heard (on Ti>?:uc No : I &II) regarding the fajirness of enquiry. I have sent my findings bv award Part-T on Issue No ; T & TI vide order dated 29-8-2000. My findings were as under :

5338 THE GAZETTE OF INDIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART II—SEC. 3(ii)]

Duty. He was not willing to work into the under- ground Mines.

I have heard the advocate of the management of WCL and the advocat; tor the workman and have considered the entire oral and documentary evidence on record.

* . ^^

The above statement of the workman therefore, shows that the workman had deliberately uvoided to resume his duty after transfer ordei dated 9-11-93. He wanted the work of Ins choice.

To avoid work in the mines he filed a false Writ Petition bearing No. SI|94 -that his eye sight is weak and his vision is poor. The findings of High Court on this point is clear as the Honourable High Cuurt has held that the Writ Petition is devoid of any merit and is accordingly dismissed.

Not only this the workman also wrote a threatening letter on 22-5-96 making allegations against the offi- cials of the management that he Is not provided work of his choice, he will not join duty. He has risk of his life and the officials of the management may com' mit his murder. The above circumstances show that the workman had been regularly disobeying the orders of his Senior Officers. He was therefore, rightly dis- missed from srvice. The order of the management of WCL through Deputy General Manager, Kampti in dis- missing the services 'if Shri Madhukai Nagpurc w.e.f. 26-9-96 is legal and justified¹,

ORDER

5339

SCHhDULB

"Whether the action of the management of WCL, represented through C.G.M., Nagpur Area and the Dy. G.M. Kanptee Sub Area in dismissing the services of Sh. Madhukar, Nagpure, a general mazdoor w.c.f. 26-9-96 is legal and justified 1 If not, to what relief is the workman concerned entitled '.'" The reference bafs been received by transfer from CGiT Court no. 2, Mumhni vide Ministry of Labour order dated 2-3-2000.

Shri S. B. Panse, Presiding Officer had framed four issues. Tssue No, 1 and 2 are the preliminary issues.

1. Whehcr the domestic enquiry which was con- ducted against the workm.m was against the Princi- ples of Nattural Justice '>

2. Whether the findings of the enquiry officer are perverse?

On 10-7-2000 the application was moved by Sub Area Manager Kamptee for deleting issues no. 1 and 2 on this ground that th:y are redundant. The counsel for the workman raised objectior on this applica- tion a|nd stated that the f'li-noss of the enquiry is to be decided first before going into the merits uf the case.

On hearing both the parties the date was lixed for arguments on the unquivy report, On thir, date i.e. on 10-7-2000 from the side of management Affidavit of Sh. P. N. Kumar was filed. The cop)' of Affidav;t of Sb P. N. Kumar was submitted by' Shri D. L. Dhramdhikniri, Advocate, who is conducting case for the management of WCL.

The wforkman in this case is bcirv:* represented by Shri V. A Dhabc, Advocate

was good and he did not suffer from poor vision as alleged. In view of this report the Hon'ble High Court found the writ petition devoided on any merit and it was dismissed.

In view of tlie above admissions it is clear that the workman was consulting the advocates after his trans- fer order dated 9-11-93. He had also obtained orders from the Hon'ble High Comt oti 15-3-94 and thereafter.

The workman had also submitted his reply re- garding the enquiry and the work which wap allotted by the management to the workman. The notice of the advocate Shri R. S. Prasodker dated 4-12-95 is on the file.

In this notice the advocate has also mentioned that he will move for contempt proceeding* in the Hon'ble High Court, if the July of the workman is not changed.

The counsel for the workman has argued that the chargesheet of the workirun was issued on 24-3-95 that he was regularly absent from 14-4-94, The second show cause notice was issued to Madhukar Mulchi'ind N^crpure on 2fi-7-96. The order of dis- missal from service v ,i<; passed on 21-9-96.

The counsel for workman argued that during en- quiry the workman wns not provided opportunity of hearing and the enquiry is therefore, unfair and against the principles of natural justice. Th" counsel for manpcment of WCL argued that the workman was regularly absent from duties from 14-4-94. He was given surface job vide order dated 2°-3-94, but he refused to perform his I'i'f". The workman wanted (he dutv of his choice and he had aflso moved the Hon'ble High Court in Wr't Petition No. 81/94. The workman wanted that lie should be allowed to work as p:on in Jnwaharbi Nehru Hospital at Kamptee. He ihc^fore, dclebrately staffed¹ avoiding work, He refused to work at Kamptee CollVrv on faking the nieni that his evesieht is weak and his vision is prfor. The Medical Board found that his eyesight was good and be d'd not suffer from poor vision,

5340 THE GAZETTE OF INDTA : SEPTEMBER 22. 200J/BHADRA 31, 1923 [PART TI—SEC. 3(ii)]

not join duty if he is not given the wJik of his choice. He has also danger of his life. In letter dated 8-7-96 the workman hat, mentioned \b: cbai-geshcef has been sent to him and he has icceived this charge- sheet on 3-7-96, He is therefore, submitting his reply. This letter also shevt, that the workman re- fused to work. He wanted to work mi s.nul Bunker.

The letter dated 11-9-96, 1:1-10-96 of the work- man are also on file, which ?how that he was aware that the enquiry has started ugainst him. He avoided •to appear before the enquiry ollicer. The workman also admits that he had received the dismissal order dated 21-9-96.

The management has submitted papers i.e. copy of chargeshect dated 14-7-94 showing that the work- man was ,absenting from duly from 14-4-(>4. The chargesheet was published in daily Nagpur Times and Nav Bharat daily newspapers dated •J-4-c>5. The corrigendam was also published in Nagpur Tinifs dated" 22-4-95.

Thus, it is clear that the •jontents of the charge- sheet were brought to the notice of workman bv getting the chargesheet published in Nagpur Times. On 12-4-95 Madhukar Nagpure had also submitted his reply that the charge framed against him are wrong. The information regarding his absence from duty from 14-4-94 was also sent to him.

Through letter no. WCTJKCMl?-<>[293!95 dated 28-2-95 he was asked to submit explanaiion regarding his unauthorised absence. The workman w;i<; also informed vide letter no. WCT|KCMl26! I 267195 dated 10-8-95 that Shri K. S. Chnlno has born nnpiifnt^f enquiry officer. The retnVored letter regarding fixing of the dates as 2-9-05, 13-0-05 were also sent to him. He was also informal n-"ard;n'i fixing of the date i.e. 27-9-05 by reinsured letter da'H 14-9-95. It is therefore, clear that during the en- quiry proceedings, the enquirv officer had been informing the workman regarding the date fixed Ifl the enquirv but, the workman kncwingly avoided to appear before the enquiry officer

The enquiry officer, therefore, havi no option but to conclude the enquiry.

Letter No. WCL|KCM|26'K42!9fi dated 26-7-96 also shows that the workman was informed that the enquiry has been concluded. He can submit his reply. He was also given opportunity to produce documents if any, he desires t>o submit in defence, The order dated 21-9-06 also shows that workman was also given opportunity to submit his exDlanutir/n. The second show cause notice was published in three local newspapers on S-7-^6. The reply of the wo-k- man dated 10-9-96 was not found satisfactory by the Deputy General Manager, After considering the reply of the workman fimi order of his dismissal vfas passed.

The enquiry officer has baser! his report on the evidence which came before him. His conclusions are correct. The workman himself avoided to parti- cipated in the enquiry proceedings. He was deli- berately absent though he was apnearing in the writ petition before the Hun'ble High Conrl. H,? was also having legal advice. As he deliberately absented himself during the enquiry proceedings, he cannot claim that he was not provided opportunity of hearing.

ORDER

Considering thu above documents and evidence of record, 1 therefore, hold that the domestic enquiry was conducted fairly and workman was provided opportunity to submit his 'defence. Then enquiry was therefore, conducted acv>rding to the principles of natural justice. The findings of enquiry officer cannot be considered perverse.

Issue no. I and 2 arc decided accordingly.

Dated : 29-8-2000.

• B, G. SAXENA, Presiding Officer New Delhi, the 30th August, 2001 S.O. 2543.—Tn pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes the award of the Central Government Industrial Tribunal (Labour Court, Nagpur, as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of WCL and their workman, which was received by the Central Government on 29-8-2001.

[No. L-22012|79|97-TR(C-II)]

N. P. KESAVAN, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, NAGPUR PRESENT :

Shri B, C>, Saxena, Presiding Officer.

Reference No. CGIT ; 95|2000 The Sub Area Manager, W.C.L.

AND

Shri Hirala] Slvipal & On;nn'k?sh Lalluram

AWARD

The Central Government, Ministry of Labour, New Delhi bv e x e r t i ng the powers conferred by clause (d) of Sub-Section (I) and Sub-Section 2(A) of Section 10 of the Industrial Dispute Act, 19475341 has reierrcd this dispute lor adjudication vide order No. L-220l2/79/97/lR(CM-U) dated 11-6-98 on following schedule.

SCUEDUUl

"Whelhej the action of the management i.e. Sub Area Manager. Hindustan Lalpeth S'ub Area of Mjs, Western Coalfields Ltd. ill not lecniploying Shri Hiralal, Shvipal Karunakur and Shri Omprakash Lallutam, Lx-Gencral Mazdoors is legal and justified '! II' net, io what relief the workmen are entitled and from which date ? What other directions are necessary in the matter¹/" Statement of claim was filed by the union Indrn Rushtriya Koyla Khadan Karngar Sangh WCI., Chandrapur through Senior Vice President of the union tiabulal Shripai en 06-07-98 in C.G.I.T. Court, No.-II at Mi.mhoi. Supplement to statement of claim was also died in the Court through the said union on 05-J0-98.

it is mentioned in the statement of claim (hat Hiralal Shripai was appointed on 3-3-90 as Budli/ temporary piece rated loader at Hindustan Lalpelh, Sub A'ea lor period uptci 31-03-90.

Similarly Omprakash Lalluram was also working at rdevum time through contractor in under ground mines of Hindustan Lalpeth, Sub Area of WCL. After that he continued to wort till 30-4-90. He was working through contractor, Girish Kumar.

In the year 1990 theie was need for Badli|tempo- rary piece ruled loadeis m Hindustan Lalpeth Collieiy of WCL and for this purpose more than one hundred persons and the above two appointments were made by WCL.

In the year 1992 R.K.K.M.S. (INTUC) union raised. Industrial Dispute before Assistant Labour Commissioner (C), Chandrapur on behalf of 126 such workers and demanded that these workers should be considered for future regular appointment. The names of the above two workers, Hiralal Shripai and Omprakash Lalluram were included in the list of 12b workmen for whom the above union had raised the disputes.

On 25-05-92 [he management of WCL entered in an agreement with R.K.K.M.S. union and 36 persons i'rom them shown in Annexure 'A' list were re-emp- loyed in the year 1996. It is further represented that the above named workmen were shown in the list Annexure 'B' that they had no underground working experience and therefore they were not employed. It is also mentioned in the statement of claim that <3. V. R. Sarma was representing as Secretary, R.K.K.M.S, (INTUC) union and he had submitted the names of 86 employees in whom that union was interested for employment. The aforesaid workmen Hiralal Shripai and Omprakash Lalluram were refus- ed re-employment without any reason. The agreement was executed under the influence of Rashtriya Koyla Khadan Ma/door Sangh ( I N T UO and only "those *86 persons of the above union got appoiniment in whom this union was interested and the other workmen who had experience of working as Loader in the Under- ground Mines (in which these two workmen were included) were ignored from appointment. No record was seen by the management representative that how many workmen had worked in the Underground Mines and had experience pf work when agreement was signed on 25-05-92.

As the two workmen named above had also worked like other 86 persons, they should also be reinstated and provided the benefits and previleges from 1996, The management in their written statement admit- ted that the workmen, Hiralai Shripai and Omprakash Lalluram were employed as Piece Rated Loader in the year 1990 and they had worked upto 30-04-90. Their names were included in the list of 126 workmen for which in the year 1992 R.K.K.M.S. (INIUC) union had raised industrial dispute before ALC(C), Chandrapur. While resolving the dispute, all the 126 persons were identified in four groups on the basis of facts and records then available. The list of 86 persons in Anncxure-A of the settlement shows the names of persons who had underground experience.

Annexure-B nf the settlement contains the names of 39 persons who were not considered for future employment as they had no underground experience or were medically unfit or had been employed else- where. Hiralal Shripai and Omprakash Lalluram had no past experience of working in underground mines and their names were not considered for employment in the year 1996 on the basis of settlement dated 25-05-92. The management denied that only one union i.e. R.K.K.M.S. was given favour in the settle- ment and only the persons of this union were consi- dered for employment in the list of 86 workers. The munagement also stated that there was no favouratism in the settlement of dispute.

On 29-03-2001 Omprakash Lalluram moved appli- cation that Babulal Shripai who- had raised the dispute has joined hands with the management of WCL and has got u'-suranc-.? that his brother Hiralal Shripai will be taken in servja- LIP I so be is interested in the case for his brother Hiralal Shripai, workman. He (Om- Prakash Lallu Ram) therefore wants to contest his case himself.

On 29-3-2001 Babulal Shripai, Senior Vice Presi- dent, Indira Rashtriya Koyla Khadan Sangh moved applicalion that the union wants to contest the case for Hiralal Shripai only. Thus both the workmen con- tested their cases separately.

Hiralal Shripai and Omprakash Lalluram have also submitted their written ^rguments separately. The case of Hiralal Shripai " as argued by his brother Dabulal Shripai, Senior Vice President, Indira Rash- triya Koyla Khadan Sangh of WCL.

Omprakash Lalluram himself argued the case. The management of WCL was represented by Shri B. N. Prnsad, Advocate.

Omprakash Lalluram has submitted Letter No. WCT/CHA/CGM/PFR/07936-40, dated 03-03-90 thnt he was appointed Badli/tcmpornry Piece Rated Loader upto 30-03-90. His appoinimcnt letter was5342 THE GAZETTE OF INDIA : SEPTEMBER 21, 2001/BHADRA 31, 1923 [PART II—SEC. 3(ii)J In the above settlement dated 25-05-92 Shri K. ' Kumar, Deputy Chief Personal Manager was repre- senting the management and had signed the ^Ulement. > issued by the Deputy Chief (Personal). Shri K. Kumar through contractor Shri Girish Kumar. Ano- ther Letter WCL/SAM./HLSA/FER/63X dated 2nd April, 1990 was again issued to Jntn through Girish Kumar, contractor to extend his appointment uplo 3U-04-90. He says that in the same way Ali Asgar was working with him from 03-03-90 to 30-04-90 as Piece Rated Loader through Girish Kumar, contrac- tor but he has been provided further employment vide Letter No. WCL/CHA/CGM/PER/162S4, dated 24-02-96 (Annex-37). It is argued by him that this workman Aii Asgar was also appointed upto 30-04-90 vide Letter No. WCL/SAM/HLSA/PfiK/638, dated 02-04-90 (Fix. 34). Aii Asgar was also working through contractor Girish Kumar.

The affidavit of Shri K. Kumar was filed in this Court on 02-11-2000. This affidavit is dated 26th October. 2000. Shri K. Kumar who was working as Additional Chief Personal Manager of Chandrapur, WCL during 1992 did not turn upto stand cross exa- mination and the management therefore discharged < this witness. Shri V. P. George was examined by the management on 11-06-2001 in this Tribunal, lie represented in cross examination that Shri G. V. R. Sarma had some papers regarding the experience of workers. He cannot say what were those documents. The management of WCL had no record regarding the underground experience of any workmen. His statement therefore shows that the management at the time of agreement 25-05-92 did not see how many workmen had the experience of underground work.

Omprakash Lalluranj argued that his case and the case ol Ali Asgar are similar. Ali Asgar has been re-employed vide order dated 24-02-96. His name was shown at Serial No. 29 in Anncxure-A of settlement, dated 25-05-92. From the above circumstances it is evident that case of Ali Asgar and the ease of Om- prakash Laiiuram were similar, whereas Ali Asgar has been employed on the basis of his working as Badii/ temporary Pis.ce Rated Loader purely for temporary period upto JO-04-90. If Ali Asgar was le-employed and was provided work vide Letter dated 24-02-9b Omprakash Lailuram should have also been consi- dered for employment, ilie act oL' management for not appointing him from February 1996 is discrimi- natory and unfair.

Omprakash Lailuram has mentioned in his affi- davit dated 17-4-2001 that he had the experience of underground work. The management has employed S6 workers who were similarly placed in the same Colliery. In cross examination he stated thai after settlement dated 25-5-92 G. V. R. Sarma did not tell him any thing about the setHemcnc. G. V. R. Sarma w(as the Union Leader who had raised dis- putes for 126 workmen. He further says that in 1996 when hie was not provided any work, In? raised the dispute through Babulal Shripal and he had handed over the documents concerning his previous employ- ment to him. The application dated 29-3-2001 shows that Babulal Shripal later on became interested in his brother Hiralal Shripal, workman. He did not prefer to contest the case for Omprakash Lailuram,

The workman Omprakash Lailuram has submitted ruling. AIR-1968, Supreme Court, Page-1413, Gopal Krishnaji Ketkar versus Mohammad Haji I. atif and others.

Tt is held by the Honourable Supreme Court that if a Party is in possession of his best evidence which would throw light on the issue in controversy with- holds it—the Court will draw an adverse inference against that party.

In the written statement dated 31-08-9X the Deputy General Manager, Hindustan Lalpeth, Sub-Area has mentioned that all the J20 persons were identified on the basis of facts and records then available. T'hus the written statement shows that the record showing the period of service and the nature oi work done in the Underground Mine

The management did not produce any witness who were party in the agreement i.e. G. V. R. Sarma. Secretary, R.K.K.M.S., K. Kumar, Additinn.il Chief Personal Manager, Chandrapur or Asst. Labour Com- missioner (C) Shri D. C. Patni to show that they had seen any document or had submitted .my docu- ment that how many persons had worked as Under- ground Loader in the Lalpelh Colliery when the settlement dated 25-5-92 was executed. In these circumstances the workman Omprakash T.alluram, Loader is entitled to reinstatement in service from 24-2-96 as his case is similar to that of Ali Asgar who was offered employment vide order dated 24-2-96.

The argument ol' Shri 1). N. Prasad docs not find support from the reply of the notice of the union for production of the documents by the employer submit- ted by him before C.G.I.T. Court No.-II on 19-07-99. In that reply he has mentioned tlr.H the union which had claimed the employment of 86 persons had the proof of concerned workers in underground work. The management has no record of the underground work. No seniority list of 126 persons who had work- ed with contractor or as Badii workers with the emp- loyers, was ever maintained.

The above letter dated 19-07-99 of the management therefore showk that at the tini; of settlement on 25-05-92 the management did not try to see how many persons had worked for the post of Underground Loader and what was the period of their service.

Shri B. N. Prasad has argued that the case of work- man Hiralal Shripal is on different¹ footing and foe is not entitled for any relief. Shri Prasad areurcl that Babulal Shripal who is representing, workman Hiralal Shripal has been cross examined on 7-2-2000. Babulal Shripal has moved application on 29-3-2001 that he has restricted the claim in reference only with regard 5)4t

New Delhi, the 6th September, 2001

S.O. 2544.—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, Jabalpur as shown in the Annexure in the Industrial Dispute between the employers in re:,iiion to the management of WCL and their workman, which was received by the Central Government on 5-9-2001.

TNo. L-21012/84/86-D.II1-BJ N. P. KESAVAN, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMBNT INDUSTRIAL TR1BUNAL-CUM-LABOUR

COURT, JABALPUR

Case No, CGIT/LC/R/81/87

Presiding Officer : Shri K. M. Rai.

Shri S. K, Shrivaslava. Ex-Engineering Assistant, Rakhikol Colliery, Camp No. 5, Damua, P.O. Damua.

to Hiralul Shripal. On 7-2-2000 Babulal Shript.1 stated in cross examination that he was the Secretary of Rashlriya Koyla Khadan M.mloor Sangh who had participated in the settlement dated 25-5-1992. He further stated that he has m> documentary evident of the length of the service and attendance \v lio ar: senior to mazdoors recruited numbering beyond lun. He had no evidence in respect of statement mu^- by him hi Para-III of his affidavit. He raised vb]:ct\• .n in 1996. From the affidavit of Ompiakasii Lallurain dated 29-3-2001 it is evident that Hirah] Shripa] is the real brother of Babulal Shripal. Shri B. N. Prasad argued that Babulal Shripal being the brother of Hiralal Shripal and the Secretary of the R.K.K.M.S. Union had complete knowledge of the agreement dated 25-5-92. He did not raise any dispute'that his brother has the experience of doing underground work in the mines and has not been included in list of the 86 workmen, When Babulal Shripal was the Secretary of the union then he could easily contact G. V. R. Sarma or Shri K. Kumar who hud signed the agreement on 25-5-92 that Hicalal Shripal should also be given employment with 86 other workers. His silence before the ALC(C), Chandrapiir on this point shows that Hiralal ShripnJ had no experience of doing any underground work in the mines, Babulal Shripal has clearly stated that he has no evidence regarding the length of the service of Hiralal Shripal. Tn I he above circumstances Hiralal Sliripal is not entitled for any relief claimed by him. Tn the written argument dated 27-6-2001 also Babuhl Shripal has not men- tioned that for how many years Hiralal Shripal worked in the mine. In these circumstances the management Was justified in not ic-ernployino. Hiralal Shripal in the above noted WCL mines.

District Chhindwara (MPJ. ...Applicant.

Versus

ORDER

The General Manager, Western Coalfields Ltd.. Kanhan Area, P.O. Dungaria,

District Chhindwara (MP). , , , Non-applicani.

The action of the management nf Sub-Area Mana- ger, Hindustan Lalpeth, Sub Area of WCL in not re-employing Hiralal Shripal Karunaknr Ex-General Mazdoor is legal and justified. He is not entitled to any other relief.

AWARD

Passed on this 1 lth day of July, 2001

J, The Government of India, Ministry of Labour vide Order No. L-21012/84/86-D.III-B dated 4th June, 1987 has referred the following dispute for ad- judication by this tribunal : —

The action of management of Sub-Area Manager. Hindustan Lalpeth WCL in not 'c-smpolying Om- prakash Lalluram is not legal and justified. Omprakash Lalluram is reinstated to the post of Loader w.e.f, 24-2-96 as his case is similar to that of Ali Asgar who has been offered employment vide order dated 24-2-96 by the management of WCL. Omprakash Lalluram shall also get 30 per cent backwaaes from 24-2-96.

The reference is answered accordingly.

Dated : 24-7-2001.

"Whether the action of the General Manager, Western Coal Fields Ltd., Kanhan Area, PO Dungaria. District Chhindwara in dis- missing Shri S. K, Shrivastava, Engineering Assistant of Rakhikoi Colliery from services from 29-9-85 is justified? If nol, what relief the workman is entitled to ?" B. G. SAXENA. Presiding OHicer

2, The case for the workman is that he was appoint- ed as an Overseer (Civil) in the year 1974 and was posted in Datala West Colliery. He was promoted as Sr. Overseer and transferred 1o Damiia- Colliery vide order dated 20-9-S2. He was issued a charge sheet dated 12-9-84 for alleged misconduct while he was working on the job of Engineering Assistant ;ii Damua Colliciv. Before the Departmental Fnquiry was sl.irt- cd he was transferred to Rakhikol Colliery on 28-1-85.

5344 THE GAZETTE OF INDTA -v SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART Jl—SEC. 3(ii)J

The charge- sheet was framed against him under t Va iS of Model Standing Orders of 1954 which was pre- pared by the private coal company namely Kanhun Valley Coal Co. Pvt. Ltd. After the nationalisation of the r.olliery in the year 1975 no standing order was in force and therefore the provisions of model stand- ing order of 1954 WLS applicable. They arc not appli- cable to govern the service condition of workman of Damua Colliery. The model standing orders framed by the Government of India in the year 1971 is appli- cable to the service condition of Damua Colliery employees.

3. The workman further alleges that at the time of his appointment in the year 1974, DaLala West Col- liery was under the private ownership of Shaw Wallave Co. Ltd. prior to nationalisation. At that time, the model standing orders of 1946 framed by the said private company was in force. After the nationalisa- tion, the WCL got its certified standing orders for Datala West Colliery framed. In this way the charge- sheet was wiongly fianied against the workman under the provisions of 1954 Model Standing Orders appli- cable in the Danum Colliery. In view of this fact, the dismissal order passed by the management against the workman on 24-9-85 is illegal and deserves to be quashed.

4. The workman further alleges that during the course of Departmental Enquiry conducted against him, the management did not supply the copy of pre- liminary report to defend his ease. The statement of prosecution witnesses were not properly recorded by the Enquiry Officer. The Enquiry Ollicer did not per- mit the workman to obtain the assistance of Shri S. K. Rao, Advocate to defend his case. He was not given ample opportunity to cross examine the prosecution witnesses to prove his defence. He was also not per- mitted by the Enquiry Officer to inspect the record to put up his defence during the enquiry proceedings. The charges framed against him were vague which could not be replied properly. The Personal Manager was not competent to appoint enquiry officer to con- duct the DE proceedings. The General Manager is not legally competent to take disciplinary action against the workman under the provisions oi' standing orders of Mines Act, |y52. The report of the Enquiry Officer is perverse and based o,i no evidence. The Enquiry Officer did not appreciate the material on record in submitting his report against the workman. The copy of the Enquiry Report was not supplied to him and therefore he could not properly file the appeal against the dismissal order before the competent autho- rity. The Enquiry Officer did not adjourn the proceed- ing on 16-8-85 for which the application was submit- ted before him by the workman on the ground of his illness. He was not given personal hearing before ter- minating his services by the management. The Enquiry was therefore conducted in a partial manner and therefore it is vitiated. The punishing authority has no power to dismiss him from service.

5. It is further alleged by the workman that no charge of misconduct was proved against him from the prosecution evidence and even then he was punish- ed without sufficient cause. The dismissal order there- fore deserves to be quashed. He is entitled to rein- statement with back wages and other monetary benefits.

6. The case for the management is that the work- man was working as Sr. Overseer and doing adminis- trative and supervisory duties and was drawing the salary more than Rs. 600 per month. He therefore cannot be hel<^ to be workman under Section 2(sJ of the l.D. Act, J947. This court has therefore no juris- diction, to entertain the present case. Ihe worKman was instrumental in making bogus payment to M/s. Mahcndra Singh Bhalia, Contractor. He made the excess measurement of compound wall which resulted in excess payment of Rs. I 1,803 to M/s. Mahendra Singh Bhatia, Contractor. He had also issued 388 bags of cement and 900 kgs of steel to M/s. Mahendra Singh Bhatia unauthonsedly. For this misconduct, be was issued charge sheet on 11/12-9-84. He submitted his reply to the charge sheet vide his letter dated J 7-y-84. In his reply he partially admitted the charges levelled against him. Ihe management found the reply unsatisfactory and therefore decided to hold Depart- mental Enquiry against him. The workman was allow- ed to take the assistance of co-worker. He participated in the enquiry along with his co-worker and tried to delay the disposal of enquiry proceedings. On his request, the Enquiry Officer permitted him to change -co-worker to assist him. All the documents relied on by the management, were given to the workman and was also allowed to inspect the record relevant to the decision of the case. The Enquiry Officer granted several adjournments. The prosecution witnesses weiv examined in his presence and they were effectively cross examined by him. On his request, the adjourn- ment was given by the Enquiry Officer to produce witnesses in his defence but he failed to produce them during the enquiry proceedings. The workman did not appear before the Enquiry Officer and prayed for adjournment on the ground of ill-health. On this ground, the adjournment was granted and the hearing was fixed for 27-8-85. The workman was given notice through registered post to appear before the Enquiry Officer on 27-8-85, but deliberately he avoided to receive the notice and remained absent. Due to this conduct of the workman, the Enquiry Officer proceed- ed ex-parte and submitted his report to the Discipli- nary Authority on 25-9-85. The finding of the Enquiry Officer was accepted and the dismissal order was passed by the General Manager, Kanhan Area, on 29-6-85. The Departmental Enquiry was properly conducted against the workman and he was given iunple opportunity to defend his case before the En- quiry Officer. He deliberately avoided to produce his defence witnesses before the Enquiry Officer even after receiving the notice of the date of hearing. No prejudice has been caused in holding the Departmen- tal'Enquiry and holding the charges proved against him by the Enquiry Officer. It is wrong to say that the service condition of workman is governed by cer- tified standing orders of Datala West Colliery. It is also improper to say that the DE conducted against Ihe workman was an empty formality.

7. The management further alleges that the Enquiry Ollicer had conducted the enquiry in a fair and judi- cious manner. He had properly appreciated the mate- rial on record and thereafter he pave his findint; and held the charges proved against the workman. This5345 finding cannot be said to be perverse, The General Manager was. competent to take disciplinary action against the workman. The copy of the finding oi' en- quiry officer was given to the workman as per his lequcst. 'I he workman has been legally punched and therefore the dismissal order does not deserve any interference, The workman is not entitled to any'relief as claimed by him.

8. The following issues arise for decision in this case and my findings thereon arc noted hereinafter; —

1. Whether the Departmental Enquiry conducted against the workman for alleged misconduct is just and proper 7

2. Whether the alleged misconduct of the work- man has been properly proved by the management ?

3. Whether the workman is entitled to reinstate- ment with back wages '.'

4. Relief and costs ?

9. Issue No, 1 ; Tt lias been held by this tribunal on 27-5-93 that the Departmental Enquiry conducted against the workman was not proper. This issue there- fore needs no further consideration as the Depart- mental Enquiry has already been held to be vitiated.

10. Issue No. 2 : The charges of misconduct framed against the workman arc as under : —

1. Tt has been reported that you have been ins- trumental in making bogus payment to M/s. Mahendra Singh Bhalia, Contractor, Your explanation was called vide letter No. Damua/EE(C)/83-516 dated 24/25-12-83 for excess measurement of compound wall which resulted in excess pavment of Rs. 11,803 to M/s. Mahendra Singh.

2. That you have issued 388 bags of cement and 900 kgs of steel to the contractor named above which was not admissible to him.

3. That from the records and letter No. E E ( C )/ DR/84-241 dated 18-7-84 from Executive Engineer (civil) Damua group issued to. you, it is evident that you are in the habit of indulging into malpractices with intention to gain monetorily.

Your above actions are serious misconduct under Model Standing Order No. 18(i)(a) which reads as under:

"Theft, fraud, dishonesty in connection with the employer's business or property."

11. It is an admitted fact that the workman was transferred from Datla Colliery to Damua Colliery on 8-2-92 and prior to that Shri Nageshwar Rao, Over- seer (Civil) was supervising ::he construction work of Or, No. 32. Shri Nageshwrr _R:r> h:

12. The workman has admitted that he had issued only 280 bags of cement on various dales in the year 1^83 to the contractor for the construction work of block Nos. 6 and 2. The workman has given an ex- planation in his statement that Shii Nageshwar Rao, Oversear had issued 400 bags of cement to the con- tractor during IT'S tenure. As per order of the Execu- tive Engineer, the price of the said 400 bags of cement and 280 bags of cement issued by him were deducted from the bill of the contractor by him (workman). This fact has been admitted by the Sr, Engineer Shri G. S. R. Murty. Shri Murty has also stated in his statement that it is the responsibility of the Engineer to see that no excess material is issued to the contrac- tor. The workman had issued 280 bags of cement as per indent of tlu* contractor. The Engineer inehargc should have verified by making inspection on the spot as to whether the quantity of the said cement was required or not. The workman was not required to see that the requirement of contractor was proper or not. As per the terms and conditions of the agreement, the cement and steel were to be issued to the con- tractor by the department itself, In view of this con- dition, the workman had issued cement to the contrac- tor. The Executive Engineer ordered the contrac- tor to deposit the excess material in the office. The contractor failed to do so. Taking this fact into consi- deration, the workman deducted the value of the cement from the bill of the contractor and deposited the amount in the office. This circumstance also does not go to prove that the workman had committed any misconduct in issuing 280 bags of cement to the contractor Shri Mahendru Singh Bhatia as per terms and conditions of the contract. He deducted the price of the cement bags from the bill of the contractor in a bona fide manner. The charge of nrsconduet in this respect is not proved at all.

J3. The charge No. 3 shows that the workman had indulged himself into malpractices with an intent to gain monetary benefits. During the performance of his duty as Engineer Assistant (civil) there is no evidence on record to show that the workman was ever engaged in any malpractice with an intent to gain himself monetarily. The management has failed to prove this charge against him. Not a single Witness has deposed against the workman in this respect. Charge No. 3 is therefore held to be not proved. 14, As far as charge No. 1 is concerned, the man- agement has not been able to disclose that to what extent, the measurement of compound wall was in excess for which the workman is alleged to have made over payment after recording the excess measurement of (he masonary work done by the contractor. In this connection, it will he prudent to see that it was the duty of Supdl. Engineer (Civil) and Executive Engi- neer (Civil) to check the measurement of the work done by the contractor and entered into MB prepared by the workman, There is no evidence on record to5346 THE GAZETTE OF INDIA : SEPTEMBER 2?., 2001/BHADRA 31, 1923 [PART II—SEC. 3(ii)] disclose that Shri P K. Ray the then Supdt. Engineer (Civil) and Executive Engineer (Civil) had ever made any verification of the measurement by inspect- ing the work site. They were duty bound to check the measurement recorded in MB by the workman. The bill for payment is submitted to Iho Executive Engineer and Supdt. Engineer to pass it for making necessary payment to the contractor. It is not clear from the evidence on record that the workman had made some addition or alteration in MB by erasing some figures therein. No handwriting expert has been examined by the management to prove this fact. It was the duty of the management to prove that some interpulation was done in the MB by the workman himself. The charge in this respect is therefore not. proved that the workman was responsible for making some interpulation in the MB in order to benefit himself.

15. The management evidence has also not estab- lished that the responsible officers had made physical verification regarding the excess measurement alleged to have been done by the workman. The bill is always cleared by the signature of Executive Engineer or Sj.ipdt. Engineer, The bill was cleared for making pay- ment to the contractor by the competent officers with- out making any verification in respect of the measure- ment. It appears that they accepted the correctness of the measurement done by the workman. If there was any mistake in the measurement then the respon- sible officers should have stopped the payment of the bill to the workman. Without their signature the bill could not be cleared et all. At the same time, the specification was not attached with the agreement to help the workman in making the measurement and preparing the bill for payment to the contractor. Why the specification was not attached with the agreement is best known to the officer concerned only. In view of all these facts, I do not find any reason to hold that the workman had deliberately and with dishonest intention prepared a bogus bill for making over pay- ment to the contractor Shri Mahendra Singh Bhatia with some ulterior motive. The management has utter- ly failed to prove charge No. 1 against the workman. Hence he cannot be held to be guilty for committing "misconduct regarding false measurement with intend to make excess payment to the contractor. Issue No. 2 is according!" answered in negative.

16. Issue No. 3 : In view of my finding given on Issue No. 2, it is held that the order of dismissal passed by the management against the workman on 29-9-85 is illegal and is accordingly quashed. The workman is entitled to reinstatement. The workman did not perform any dutv w.e.f. 1-10-85 and there- fore on the principle of No Work No Pay, he shall not be entitled to back wages. The period of his ab- sence from duty shall be treated on duty for the pur- poses of pensionery benefits. This issue is answered accordingly.

"i 77^IssiiewNo"."~4~r In the light of the foregoing reasons, it is held that the order of dismissal passed by the management against t.he workman on 29-9-85 h illegal and it is herebv quashed. The workman shaH be reinstated without back wages within the period of 4 months from the date of award. The period of his absence from duty shall be treated on duty and this period shall be treated as continued service for purposes of pensionery benefits oniy. Parties shall beat their own costs.

18. Copy of the award be bent tc the Government ol" India. Miivstry of Labour as per rules.

K. M. RAI, Presiding Officer New Delhi, the 6th September, 2001 S.O. 2545.—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 Government Industrial Tribunal [Labour Court. Jabalpur as shown in the Annexure in the Industrial Dispute between the emplovers in relation to the management of WCL and their workman which was received by the Central Govern- ment on 5-9-2001.

[No. L-22011111 l80lD-4fBHR(C-TI)] N. P. KESAVAN, Desk Officer

ANNEXURE

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

Case No. CGIT|LCiR| 147191 PRESIDING OFFICER : SHRI K. M. RAI Shri Bandhooram. S;O. Kanhai, Ex-employee of Chirimiri Colliery, Sarkari Dafai, Rahsil Manendragarh, PO Chirimiri, Distt. Surgnja (MP). .. Applicant.

Versus

Union o? Tndia, through, Secretary, Ministry of Labour, Covf. of Tndin- New Delhi. Wr.' -:n Co-J^e'd Limited, through Manager, Ch'riiv.iri Colliery, Distt. Surguja (MP). .. Non-applicants.

5347

AWARD

Passed on this 24th day of July, 2001

agreement between the Union and the management, the date of birth recorded in the PF register shall be accepted as final.

4. In view of all these facts, the workman is not entitled to any benefit as claimed by him.

1. The Government of India, Ministry of Labour vide order No. L-22011llli80|D-4 (B)IR C-II has referred the following dis- pute for adjudication by this tribunal :—

5. The following issues arise for decision in this case and my findings thereon are noted hereinafter :—

1. Whether the workman was wrongly retired from service by the manage- ment w.e.f. 1-7-79 ?

"Whether the action of the management of chirimiri colliery of WCL in ••ijXT.'r.rmatlnsr Shri Bandhuram >, <>. !,;ir-.:i- Ex-workman, w.e.f. 1-7-79 is legal and justified ? If not to what relief the concerned work- man is entitled to ?"

2. Whether the workman is entitled to reinstatement with monetary bene- fits for the'period of 10 years com- mencing from the year 79 to 89 '?

3. Relief and costs ?

2. The case for the workman is that he was appointed as blacksmith in the chirimiri colliery on 16-9-53. He is illiterate. After the appointment the management never demanded the certificate issued by the school to prove his date of birth. After the nationa- lisation of the private collieries in the year 1973, the management got some documents i.e. the declaration, nomination of PF etc. signed by him. He had taken admission in the school and the transfer certificate, copy of which is Annexure-A, was issued to him by the headmaster of the institution. The date birth of the workman according to this certi- ficate is 15-11-29. The management wrongly entered his date of birth as 15-11-1919 in the relevant records. In spite of his repealed requests, his date of birth was not corrected by the management. The pianacrement illegally retired on 1-7-79 which deserves to be quashed. He is entitled to reinstatement with all monetary benefits for a pence! of 10 years from 1979 tili 1989,

5. Issue No. 1.—It has been specifically written in para-2 of the statement of claim of the workman that he is illiterate. If he is illiterate then it cannot be presumed that he had studied in any primary school and got some education in that institution. In such a cast, me claim of the workman is belied that he had studied in primary school at Baikunthpur and the transfer certificate was issued to him by the Headmaster of the institution. He has not filed the original transfer certificate to show that on which date, this certificate was issued to him. This certificate Annexure-A does not bear any date of issue. The work- man has admitted in para-4 of his cross examination that at the time of initial appoint- ment in the year 1953, he had submitted his school certificate in the office of chirimiri colliery. He has given th" contrary state- ment of claim in para-3 of hh statement of claim which indicates that he had not filed any school certificate as it was not demanded by the management. Both these contrary statements show that the workman is no* giv- ing a true statement in respect to his actual dot?, of birth. His testimony is therefore not worthy of reliance at all. He has changed his v-^ion according to his convenience in order to gain himself any how or other. Hence h<"s statement regarding the actual date of birth cannot be accepted as true. The marifi?.?- ment witness Shri U. S. Singh has categori- cally stated on the basis of record Hint the workman's ape lias bc°n entered in f^^-n 7$ • register Fr MI as 37 v-?prs o" 19-0-53. T.'kew:se his a?e in nermarent resris^r Ex M-2 fcns b"vn v/r"en as ! -"-1919. Tlie work. r-"n ."\imitted h<> sipnofur." in form B and 3. The case for the management is that the workman was appointed in the year 1953 and at the time of appointment. he had declared his age rs 37 years. The dec- laration givers in form-A under the Coal Mine? Provident Fund Scheme by the work- man bears the dr.tc of birth as 7-1-1919. This date of birth was recorded dn the in- formation of *he workmrr¹ HimcHf_ His da*e of birth was entered as 1-7-191 *i in form B nrd From A registers which wer*^ signed by the. workman voluntarily. On the basis of thpS.-> statutory docv.ncnN the workman was rightly retired from service w.e.f. 1-7-79. The workman raised the objection regarding

2804 GI '2001—335348 THE GAZE 1TR OF INDIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART II—SEC. 3(ii)] Form A registers also. His date of birth in both these registers has been entered as 1-7-1919. All these registers are maintained according to the provisions of rules in regular course of business. Hence the credibility of the entries in these registers cannot be doubt- ed. On the basis of entries in both these re- gisters, it is held that the actual date of birth of the workman is 1-7-1919 and therefore he was rightly retired from service from 1-7-79 after attaining the age of superanmin- tion. Issue No. 1 is answered accordingly.

6. Tssue No. 2 & 3.'—In view of my findings given on issue no. 1, the workman is noi entitled to any relief as claimed by him. The reference is accordingly answered in favour of the management and" against the workman.

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

K. M. RAT, Presiding Officer New Delhi, the 6th September, 2001 SO. 2546.—-Tn pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Cen- tral .Government hereby publishes the Award of the Central Government Industrial Tribunal/Labour Court, Jabalpur, as shown in the Annexun* in Hie Indus';!il Dispute between the employers in relation to the management of SECL and their workman, which was received by the Centra] Government on 5-9-2001.

INo. L-22012/31/96-IIKC-1D] N. P. KESAVAN, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IN- DUSTRIAL TRTBUNAL-CUM-LABOIJR COURT, JABALPUR

Presiding Officer : Shri K. M. Ral

Case No. CGIT/LC/R/R3/97

Secretary, Bhartiya Kovla Khadan Mazdoor Sangh (BMS), Qr. No. F.|18. 15 Block Colony, PO : Korba Colliery, Dist. Bilaspur fCG).

. .Workman.

V/s.

General Manager, SECL, Korba Area, PO: Korba Colliery, Dist. Bilaspur (CG).

. . .Management.

AWARD

(Passed on this 24th day of August, 2001) The Government of India, Ministry of Labour, New Delhi, has referred this dispute for adjudication vide order No. L-22OI2( 148)/95-IR(C-H), dated 27-9-1995, as under:—

"Whether the action of the management of SECL, Korba Area, District Bilaspur in transferring Sh. K. P. Srivastava, Sr. Store Keeper^ Regional! Stores, Korba Area to JohiHa Area, vide order No. SECL/BSP/ Karmik/Shram Sakti/2501, dated 7-9-95 is justified? If not, to what relief the work- man is entitled ?"

(2) The workman . admitted that his transfer to Johilia Area has been cancelled and now he has been transferred to Kusmunda Area as Sr. Store Keeper. He is working as Sr. Store Keeper at Kusmunda' Area since 1996.

(3) In view of this fact, the. dispute regarding his transfer to JohiHa Area does not exists for determi- nation.

(4) In view of the facts stated above, it is held that no dispute regarding the transfer of the workman to JohiHa Area from Korba Area exists. Henc? no dispute award is passed,

(5) Copy of the award be sent to the Government of Tndia, Ministry of Labour, New Delhi, for publi- cation as per rules.

K. M. RAT, Presiding Officer New Delhi, the 6th September, 2001 S.O. 2547.—Tn pursuance of Section 17 of the Industrial Dispute Act, 1947 (1* of 1947), the Cen- tral Government hereby publishes the Award of the Central Government Industrial Tribunal/Labour Court, Chandigarh, as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of FCI and , their workman,5349 which was received by the Central Government on 5-9-2001.

[No. L-22l)12/77/200()-IR(C-II)] N. P, KESAVAN, Desk Officer

ANNEXURE

BEFORE SHR1 B. L. JATAV, PRESIDING OFFI- CER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT. CHANDIGARH

Case No. ID 371/ 2000 Sube Singh son of Sunder Singh, Village Durala, P.O. Durala. Kumkshetra, Kamal.

. . .Workman.

Vs.

The District Manager, Food Corporation of India, Rohtak.

... .Management.

APPEARANCES:

For the workman—None.

For the management—Shri.N. K. Zakhini.

AWARD

(Passed on 20-8-2001)

The Central Government vide notification No. L-22012/77/200()/IR(CM-]I) dated 15th of Septem- ber, 2000 has referred the following dispute to (his Tribunal for adjudication :

"Whether the action of the management of FCI in not regularising the services of the work- man Shri Sube Singh and "21 others, engaged under Contract Labour (Regulation & Abo- lition) Act, 1970 in FCI after the notifica- tion No. 779(F> dated 9-12-1976 came into operation is legal and justified ? Tf not, to what relief the Workmen are entitled ?" 2. Today the case was fixed for filing of claim Statement bv the workman. Despite several notices none has put up appearance on behalf of the work- man nor any claim statement has been filed. It ap- pears that workmen are not interested to pursue with the present reference. In view of the above, since the workmen arc not interested to pursue with the present reference, the same is returned to the Minis- try for want of prosecution. Appropriate Government be informed.

Chandigarh, 20-8-2001.

B. L. JATAV, Presiding Officer New Delhi, the 6th September, 2001 S.O. 2548.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes the Award of the Central Government Industrial Tribunal/Labour Court, Jabalpur, as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of SECL and their workman, which was received by the Central Government on 5-9-2001.

[No. L-22012/148/95-IR(C-ID] N. P. KESAVAN, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT IN- DUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR

Presiding Officer : Shri K. M. Rai.

Case No. CGIT/LC/R/174/95

Dy. General Secretary, Nationa] Colliery Workers Federation (N.L.O.) SECL H. Qrs. Bilaspur, Seepath Road, Bilaspur (CO.

. . .Workman.

Vrs.

Chief Genera] Manager (P&A), SECL H. Qrs., Seepath Road, Bilaspur (CG).

. . .Management,

AWARD

(Passed on this 24th day of August, 2001) The Government of India, Ministry of Labour, New Delhi, has referred this dispute for adjudication vide order No. L-220I2| I4SI95-TR fC-TT) dated 27-9-1995, as under:—

"Whether the action of the management of SECL, Bilaspur in changing the fixed work- ing hours of 6-1/2 hours a day i.e. 10 A.M. to 5 P.M. with 1/2 hour break and fixed weekly day of rest, i.e. Sunday and curtail of 18 gazetted holidays in respect of S/s. MMK Soti and 6 others wireless operators of SECL HQ, Bilaspur without issuing notice under Section 9-A of T.D. Act is justified ? If not, to what relief the workmen are en- titled to?"

(2) Neither the Union nor the workmen appeared before this Court when the case was called for hear- ing. Hence case proceeded ex-parte.

(3) In view of the facts stated above, it is hdd that no dispute between the parties exists. Hence no dispute award is passed.

5350 THE GAZETTE OF TNDIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 U'ARI TT—SEC. 3(ii)]

(4) Copy of the award be sent to

K. M. RAT, Presiding Officer New Delhi, the 6th September, 2001 S.O. 2549.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes the Award of the Central Government Industrial Tribunal/Labour Court, Jabalpur, as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of SECL and their workman, which was received by the Centra] Government on 5-9-2001.

[No. L-22012/172/96-IR(C-II)J N. P. KESAVAN, Desk Officer

ANNEXURE BEFORE THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT, JARALPUR (MP) (Presided by Shri K. M. Rai) Case No. CGIT/LC/R/l 29/97 Basiruddin Khan, S/o Anuddin Khan, Ex-Crane Operator, SECL, Korba.

. . .Applicant.

Vs.

General Manager, SECL, Korba Area.

. . . Non-applicant.

AWARD

(Passed on this 20th day of August, 2001) The Government of India, Ministry of Labour, New Delhi by order No. L-220l2/172/96-IR(C-II) dated 16-5-97 has raised the following dispute for ad- judication to this Tribunal :

"Whether the demand of National Colliery Wor- ker's Federation (NLO) Korba Branch for change of date of birth from 24-2-1936 to 24-2-1939 in respect of Sh. Bashimddin Khan S/o Sh. Ainuddm Khan, Ex Crane Operator of SECL, Regional Store, Korba in the manaeement records by the manage- ment of SECL, Korba Area, Bilaspur is justified ? If so, to what relief the workman- is entitled to?"

2. The management filed the copy of the death certificate which goes to show that the workman died on 22-2-1998. His legal representatives also did not file any application before this Court to bring them on record within the period of limitation. Hence the claim of legal representatives of the deceased work- man also abated,

3. In view of the facts slated above, no dispute between the parties exists in this case. Hence no dJs- putc award is passed.

4. On reasons stated above, it is held that no dis- pute exists between the parties in the present case. No dispute award is therefore passed.

5. Copy of the award be sent to the Government of India, Ministry of Labour, New Delhi for publication as per rules.

K, M, RAi, Presiding Officer New Delhi, the 6th September. 2001 S.O. 2550.—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 Government Industrial Tribunal (Labour Court, Jabalpur as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of SECL and their workman which was received by the Central Govern- ment on 5-9-2001.

[No. L~22012;i73!96-IR(C-mi N. P. KESAVAN. Desk Officer

ANNEXURE

BEFORE THR PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR (MP) (PRESIDED BY SHRI K. M. RAI) Case No. CGlT|LClR[92|97 Basiruddin Khan, S'o. Anuddin Khan Ex-Crsne Operator. SECL, Korba.

.. Applicant.

5551

Vis.

General Manager.

SECL- Korba Area. • • Non-applicant

AWARD

(Passed on this 20th August 2001) The Govt. of India. Ministry of Labour, New Delhi by order No. L-2201 2,173.96 !

"Whether the demand ot Na'ional Colliery Workers Federation (NLO) Korba for relaxation of Ihe Basic pay of Sh. Bashiruddin -Chan in the Truck Driver's ( Scale of Rs. 110—180 instead of Je-p Drver s scale of Rs. 110-130 w.,r.f. IP,-11 60 is legal and justified ? If so. to what relief the work'Tin n is enticed '?" New Delhi, the 6th September, 2001 S.O. 2551.—In pursu.wc-? of Spction 17 of Ihe Industrial Dispute Act, ! ;47< (14 .of 1947), the Central Government hereby pub- lishes the award of the Centra! Government Industrial Tribunal;Labour" Court Jabalpur as shown in the Annexiue in the Tn-iustrial Dispute beiween the employers in relation 1o the management of Sp.CI. rind their workman, whkli was received by the rVn¹ral Govern- ment on 5-9-2001.

• [NO. L-22012|!R1|ri5-ni(C-U)l N.P. KESAVAN- Dc4; Officer ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, MBALPUR

Vis.

2R04 GT12001— 34.

535] THE GAZETTE OF INDIA : SEP TEMPER 22, 2001/BHADRA 31, 1923 [PART II—SLC. 3(ii)]

4. Copy of the award be sent to the Govern- ment of India, Ministry of Labour, New Delhi, for publication as per rules.

K. M. RAL Presiding Officer New Delhi, the 6th September. 2001 S.O. 2552.—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 Government Industrial Tribunal I Labour Court, Jabalpur as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of SECL and their workman which was received by the Central Govern- ment on 5-9-2001.

[No. L-22012!376|90'IR(C-TI)] N. P. KESAVAN, Desk Officer

ANNEXURE

BEFORE THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR (MP).

(PRESIDED BY SHR1 K. M. RAI) CASE NO. CGITLCR|30l91 Same Lai, Through the Branch Secy., Rashtriya Koyla Khadan Mazdoor S'ingh. (INTUC), At 15, Block, Qr. No. G-64, SECL, PO Korba, Dist. Bilaspur (Chhattisgarh).

Workman.

Vis. The Sub Area Manager. SECL. Rajgamar Colliery, PO : Rajgamar Colliery, Dist. Bilaspur (Chhattisgarh).

Management.

AWARD

(Passed on this 21st August. 2001) The Govt. of India. Ministry of Labour, New Delhi by order No. L-22O12(376)|IR (C-ll) dtd. 20-2-91 has referred ihe follow- ing dispute for adjudication to this Tribunal :

''Whether the management of Rajgamar Colliery of South Eastern Coalfields Ltd. Bilaspur justified in removing Shri Same Lai So. Daras Ram, Loader from service w.e.f. 24-4-86 ? If not, to what relief the workman concerned is entitled to ?" 2. The case for workman is that he was appointed as Loader at Rajgamar Colliery w.e.f. 13-7-78. His date of birth is 13-7-1955. He was tennina'ed by the management w.e.f. 24-4-86 on the false charge of absenting from duty w.e.f. 29-3-86 without any authority. He was sick w.e.f. 30-3-86 to 13-4-86 and, there- fore, he could not attend his duty. Due to some unavoidable circumstances, he could not resume his duty on 15-4-86. He had sent an application to the management for sanc- tioning 10 days leave without pay w.e.f. 15-4-86. The management did not consider his application and considered him as absent from duty without the proper sanction of the leave. Neither any charge sheet of mis- conduct was served on him nor any domes- tic enquiry was conducted by the manage- ment before terminating his services. The order of termination passed by the manage- ment is illegal and deserves to be quashed. He is entitled to reinstatement with back wages.

3. The case for management is that the workman Shri Same Lai was a habitual absen- tee. He was in the habit of being absent from duty without sanction of leave from the competent authority. It was found that bet- ween August, 1985 and Jan. 1986 he attended his duty only for 27 days. Because of the said act the charge sheet of misconduct dtd. 28-2-86 was served on him. He submitted his reply which was not found satisfactory and, therefore, the domestic inquiry was con- ducted against him. The workman participat- ed in the domestic enquiry nnd submitted his defence before tlu Enqnirv Officer. Ample opportunity wns afforded to the workman by the ennuiry officer to defend hh c;isc properly before him. The enquiry officer after consi- dering the material on record, held the charges Droved against the workman and sub- riiiUtvi his report to ihe discinlinary authority for needful action. The discinlinarv iiitbo- rity ,'iccepfed the report ind r^v-rted him to his original post of badli loader w.e.f.

5353

12-3-86. As a badli worker, the workman was again found absent without the sanction of leave by the competent authority. Due to his said act, the management removed him from services w.e.f. 24-4-86. The services of workmen were never terminated as alleged by him. The name of workman was removed from badli list by the management and. therefore, it does not amount to any punish- ment. The workman did not improve his conduct when the opportunity was given by the management. The domestic enquiry was conducted against him is just and proper manner. The workman is not entitled to reinstatement with back wages as claimed by him.

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

1. Whether the departmental enquiry conducted by the management against the workman is just and proper ?

2. Whether the workman's removal from service w.e.f. 24-4-86 is just and proper ?

3. Whether the workman is entitled to reinstatement with back wages ?

4. Relief and costs ?

Issue No. 1.—It has been held by this Tri- bunal vide order dtd. 19-2-2001 that the de- partmental enquiry conducted by the manage- ment against the workman is just and proper. In view of this finding the management is not required to lead any evidence to prove the alleged misconduct of the workman. Issue No. 1 answered accordingly.

Issue No. 2.—From the perusal of record, it appears that since the date of appointment as Loader the workman never continuously worked for 240 days in a calendar year. On the other hand it is amply proved that he re- mained absent from duty without any sanc- tion of leave by the competent authority. He worked only for 27 days between August 1985 and .Ian. 1986. In this way the workman never continuously worked for 240 days in a calendar year preceding the date of his re- moval from service. Tn view of this fact, he a\n not claim as a right to the post. Due 1o ihe unauthorised absent from duty the work in colliery naturally suffers. Such workers can net be given recular appointment in ordet lo rnmpcr the production in the collier/. The management had sivi?n him the ample opportunity to improve, his performance, but he never tried to perform his duty in a satisfactory manner. In such circumstances, the workman can not be allowed to remain in service without perform- ing his duty properly. His removal from ser- vices is absolutely just and proper and it can not be interfered by this Court. Issue No. 2 is answered accordingly.

Issue No. 3.—In view of my finding given on Issue No. 1 & 2. the workman is not entitled to reinstatement with back wages. This issue is answered accordingly.

Issue No. 4.—On the reasons stated above, it is held that the workman's removal from services w.e.f. 24-4-86 is perfectly just and proper. The workman is not entitled to re- instatement with back wages as claimed by him.

5. Copy of award be sent to the Govt. of India, Ministry of Labour, New Delhi for publication as per rules.

K. JV1. RAI, Presiding Officer ^i fe^fr,

5pT.srt.2 5 5 3.—sfaftf'T'F UsK wfafa^, 19 47 (1947 ^T 14) rf\ 'tfm 17 tf OT^ar if; Jptffa ^T% fnr^'f % STIR, ?r^tj ^ faftre sfaftftrar fa=rrc it %?3ftr *TT^TT5rT"fTfiT^i£Tf^^|JT/⁵'-T"T'iTiH-1"HJT ^ o f t Ts % q'-^ri =PT sr^rffTT fn-cfr |, ^ft %'£TT TVC^X ^t 5-9-2 0 01 5PT STT^fT J*fT *TT I

l*T, ^ - 42 0 1 2 / 1 9 8 /8 7 - ^ -2 1*^)]

n*.
[No. L-42()12|198|87-D.2(B)] N. P. KES-WAN, Desk Officer

•\NNE\URE

BEFORE SHRI 13. L. M1AV, PRESIDING OFFICER, CENTR\L GOVT. INDUSTRIAL TRTBUNAL-CUM LABOUR COURT, CHANDIGARH Case Mo. ID 94|89

General Secretary, Nnnpal Bhnkrn Mazdoor Sanflb Nanga^ Township.

..Union.
3 hl THE CJAZH i ib OMiNDi/v : ShP II hMWbK. 22, 20U1/BHADRA 31, 1923 [PART U—SEC. 3(ii)]
y*.

Cbict Engineer, (ilinKid Dam, Nangal Township, Nangal.

. . Workman.

Ai^iiARANCES :

employnicnt in BBMB on ihc ground of his retrench- ment from BSL Froj-ct. The management has also raised preliminary objection that the provisions of Section 25FF and Section 25-H are not applicable because the BBMB is not the successor of BCB". therefore, the claim of the workman be dismissed with 'jcavy costs.

Far ihe workman : Shn R. K. biiugJi t or the mangement : Shii C. L. Sareen.

4. The workman has submitted his rejoinder

:e-asscrting the facts pleaded in his claim statement, A W MD

(Passed on 14-8-2001)

5. It is an admitted fact that the workman .was a woiivcharged beiaar in JiCB (BSL Project) and he •vas retrenched from seivicc w.e.f. 30-3-1983,

6. The workman has liled¹ his affidavit which is The Central Uvt, vide noiiucauun Nu. L-42012| mo L'can.i vjuvl. wae nonrjcum,ii i\o. L-42012| ihe iuJIuvving dispute to this Tribunal ,iot adjudication :

Whether the action of the BBlVlB, Nangal Town- siup in denying rc-cmployment to Shri Kanshi Rmn son of Shri Shobha Ram re- trenched beluar oi tlie BSL T'rojeet is legal and justihed/11 not, to reliei is the concerned workman cnti;led amd from what date ?" bx. W l. He has also liled discharge ceirificate tx. W2. I he management lias liled the affidavit of SDO (Admn. & Accounts) Shri H. C. Naindu which \s Ex. M l. In the cross-examination of ttie work- 'i;an the discharge certificate Ex. W3 was exhibited. I he workman has deposed that he was retrenched 'roni the service of the BCB, He was working in BS1. Project in different sub division. His services vcre retrenched due lo the general retrenchments effeo 'ed in the project w.o.f, 30-3-1983. The management "1 Hie BBMB hua refused to give him employment in :onipli;incc of the Scct;on ^5-H of l.D. Act, 1947, 1 lie management of BBMB has re-employed other iciienchces of BCB. The workman approached to the Director (Construction and plant Designs) BSR with the request to je-employ him in BBMB but he refused on the ground that the workman was not rcifen'.rhei.{{^{{FOOTNOTE 1}}}} oi' thp RHMB The components of BSL r-'rojeet have been toiken over by the BBMB. A, considerable number of workmen, who Were retrcn- chees of BSL Project, had been rc-employed in Bhakra Dam complex but the workman has been refused for re-employment. The management of the BBMB is responsible to give him re employment in any of the division of the management. 7. Discharge corliificale F.x, W3 reveals that the Jate of birth of the -vorkman is 1st July 1940. He was engaged as beldar on 18-H-1967 and he was dis. jliarjixl on 30-3-1983. The witness of the manage- ment has deposed that BSL Project (BCB) wag a separate nm] distinct organisation. Therefore, the BBMB is not under obligation to re-employ the workman. The workman has no statutory right to be recruited under Section ? VH of the l.D. Act as tic his not worked r.mdcr Nangal tfhakra A dm. and is •' rctr'enchec of BSL Project, 2. The claim, ot tne workman in bricl is tiiat hi; joined tne services jn the Bhakra Dam Adran. during ihtt year l y oj in the uinueling division where from Jus services were terminated due to retrenchment. He lias aiso worked in Bhakra Dam Admn. on Tower Lines in Electricity Branch for near about !0 months and he was retrenched during ihe year 1965. He hud also worked in Timber Ropeway sub-division and the Bhakra Mechanical division vt.e.f. 12-10-1966 and he was discharged w.e.f. 26-4-19(17. Thereafter he vug unrolled as workcharged beldar in lieas Construction) Coaid (Bei^ Sulicj Link Project) in communication and disposal division vv.e.f. IS-12-1967 and he was retrenched! w.e.f. 30-3-1983. The Bhakra Beas management Boa-rd is the successor of Beas Construc- tion Board as per Section 80 ot Punjab Re-Organisa- tion Act 1966. Therefore, the BBMB is duty bound to comply with the provisions ot Section 25-FF of l.D. Act I'M7 a^ the undertaking has been taken over by BBMB. The workman is entitled lor his re- rmployment in BBMB but the management has •il'ui-ed to give him re-employment on the ground that he has crossed the age of 45 years. But S|Shvi Kundan Lai, Nikka Singh, Gurmit Singh, Bachan Singh and Jit Singh have crossed the age limit of 45 years. They are roaming above the age of 45 yeuirs. • Other co-workers of BSL Project have been re^mployed by the management but he has been denied the opportunity of re-employment. Thus the management has violn'ccf the provisions of Section 25-F of the TD. Act. The management is guilty of practicing unfair labour practice. Therefore, the rlaim of the workman be accepted and the manage- K^nt lie directed to re-employ him w.e.f, l.«t February 1984 v\ith all the eoiiscquerlhu benefits. 8. Tn this case the main point for consideration is that whether the management of BBMB is the succes- or of liH{{^{{FOOTNOTE 1}}}} BC"B and it is responsible for employing with provisions of Section 25FF and 2^-H of the fD. Act 1947, 9. The learned '-epresenla'ive of the management /iins cited the case of Ja-iwmit Sinph and other Vs, (Jnion of Tndin and others (i9H0 S.C. 115) in which Flieir Lordships nf ihe Snprsrrv Court hnve held that Ih: cmnlovces of "Re;'s Project appointed cither by Bear, Cons'ruction Board or B<*as Control Board arc fmplove^s of Central Gnvt. Thcv are not ent'lied to /vntimniion rrftrr romnieiion of the proirr.-t. Wlien rii.?;r Lordshins has hcH that fhe retrenrhee;; nf "BCB are employees of Central Govt. The BBMB is not 3. The management has filed its writlen statement alleging that the BBMB and the Beas Construction Board are distinct undertakings as per Sub-section 5 of Section 80 of Punjab Re-6rciinisation Act 1966. The workman wns a retreii-:'ice of BST, Project. So he has no right to get re-ctnjplovmcnt in BBMB. The completed comnnnei'ts of BCB v,-c;p transferred to BBMB. The viHcmnn vvr's work™? as wortchnrped beldar. After completion of fh< work he was re- trenched from BSL Project and all the terminal bene- fits were paid{{^{{FOOTNOTE 1}}}} to him. He is not entitled to seek re- ↩

5155
under obligation to give re-employment to the re- ticnehees of BCB. The management was directed on the request of the workman to submit minutes of the proceedings which relates to item No. 149 : 08 which has been m:nked as Anncxure B-I. On pervial it is revealed that the adnu'nislration of the BBMB had decided that the surplus woikchargcd and cont.n- gent paid employees may he taken in the same capa- city who were idvenched I'roin the BCB. This is the policy decision of the BHMB. It does not confer any statutory right upon the workman. Therefore, the workman cannot compel the management to give him re-employment in any of the division of the manage- ment. Consequently the workman is not entitled to get any relief from the management of BBMB.

](), Taking into consideration till the facts and evi- dence produced in the case, ihc reference is answered by holding that the ;..ction of the BBMB Nangal Town ship in denying re-cinployment to Shri Kanshi Ram son of SVi Shnbha Ram retrenched bcldnr of BSL Project is legal and justified, Consequently the work- man Shrf Kanshi Ram son of Shri Shobha Ram is not entitled to get any relief from the management. Both the parties are directed¹ to bear their own co^ts of proceedings. Appropriate Govt. tie informed accordingly. Chandigarh. 14-8-2001.

B. L. JATAV, Presiding Officer New Delhi, Ihe 20ih August, 2001 S.O. 2554,—In pursuance of Section 17 of the •Industrial Disputes Act, J947 (14 of 1947), ihe Cen- tral Government hereby publishes the award of the Central Government Industrial Tribunal-cum-Labour Court, Nu.apur, 'i-i shown in the Anne.\ure in the Industrial Dispute between the employers in relation, to the management of Telecom and their workman,, which was received by the Central Government on ! .20-8-2001.

[No 4()0n!76 97-lR(DIJ)| KULDIP RAI VERMA, Desk Officer

ANNEXURE

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

Shri B. G. Saxcna, Presiding Oihcer ' Reference No. CGIT : 8/2000

General Manager (Telecommunication)

AND

\ Shri Narendra Babulal Dubey

AWARD

Ihe Central Government, Ministry of Labour, New Delhi by exercising the powers conferred by clause!d) of Sub-section (1) and Sub-section 2(A) of Section 10 of the Industrial Dispute Act, 1947 has refeired this dispute for adjudication vide Order No. L-4O0l2|76|97-]R(DU) " dated I 16-4-yS on t'ol-. lowing schedule : —

SCHEDULE

'"Whether the action of the management ot Tele- communications, Vidarbha Area, CTO Com- pound, Nagpur represented through the • General Manager in allegedly terminating the services of the alleged workman Sh. Narendra Babulal Dubey, a casual maz- door w.e.f. Oct., 1985, is legal, proper and justified ? If not, to what relief the workman is entitled ?"

The workman Narendra Babulal Dubey had filed statement of claim on 01-11-99 in C.G.I.T. Court at Jabulpur. He claimed thai he was appointed in Sept, 1984 on Rs. 111- per day as wages. He worked conti- nuously upto Sept., 1985 and had worked for more than 240 days. His service was discontinued from 01 -j 0-85. No notice of termination of his service was given to him. No retrenchment compensation was paid to him. He was appointed against clear vacancy in Telecommunication Department. His termination is illegal. He claimed for reinstatement and back wages'.

The management of Telecom Department, Vidarbha Area .submitted written statement through counsel on 24-04-2000. The management has mentioned in written statement that the seivice of the workman Narendra Babulal Dubey was not terminated by the management. He himself did not turn up for work alter 01-10-85. He has raised the dispute after 11 years i.e. in 1996. He is therefore not entitled to any relief.
5356 THE GAZETTE OF INDIA : SEPTEMBER 22, 2001/BHADRA 31, 1923 [PART II—SEC. 3(ii)]
work after 01-10-85. He raised the dispute before Assistant Labour Commissioner in the year J997. No order for termination of his service was issued to him.

From the above evidence on record it is therefore clear that the workman was employed on daily wages. He was paid Rs. I 11- per day Lor the period he wor- ked. His appointment was not on any regular post. For this reason he was not given any notice. His service discontinued from 01-10-85.

The workman has not explained any reason why he raised the dispute after a gap of 11 years. The work- man himself admitted that he did not move any appli- cation to the management of Telecom Department. Wardha for taking him on the work after 01-10-85. It is therefore clear that the workman was only a daily paid worker. He has no right to claim reinstatement in service from 01-10-85. No other documentary evi- dence has not been produced in this case. In these circumstances the workman is not entitled to any other relief.

ORDER

The action of the management of Telecommuni- cation, Vidarbha Area, CTO Compound, Nagpur in discontinuing the service of workman Shri Narendra Babulal Dubey, a Casual Mazdoor w.e.f. 01-10-85 is legal and justified. The workman is not entitled to any other relief.

The reference is answered accordingly.

Dated : 26-07-01.

B. G. SAXENA, Presiding Oilicer New Delhi, the 27ih August, 2001 S.O. 2555.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 ( II of 1947), the Cen- tral Government hereby publishes the award of the Central Government Industrial Tribunal, Jabalpur as shown in the Annexure in the Industrial Dispute bet- ween the employers in relation to the management of Tirodi Manganese Mines and their workman, which was received by the Central Government, on 14-8-2001,

[No. T,-",SOI2/2/92-iR(M)]

B. M, DAVID, Under Secy.

ANNEXURE

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

Case No. CG1T/LC/R/SS/92

Presiding Officer : Shri K. M. Rai.

Shri Abdul Jabbar Khan, S/o Insan Khan, Tirodi Mine, Post Tirodi, District Balaghat.

. . .Applicant.

Versus

The Chairman-cum-Managbig Director, H.O. I.L., 3 Mount Road Extension, Raipur.

. . Non-applicant.

AWARD

Passed on this 3rd day of July, 2001 1. The Government of India, Ministry of Labour vide Order No. 1.-28012j2;y2-lR(Mise.) dated 1-5-92 has referred the following dispute for adjudi- cation by this tribunal :—

"Whether the action of the Superintendent of Mines, Tirodi Manganese Mine of Manga- nese Ore (India) Lid., PC) Tirodi, District Balaghat in dismissing from services to Shri Abdul Jabbar Khan S/o Shri Insan Khan, Ex-Fitter Grade I, Tirodi Manganese Mine of MOIL, PO Tirodi District Balaghat (MP) w.e.f. 28-6-91 is proper and justified? If not to what relief are the said workman entitled to ?"

2. The case for the workman is that he was hold- ing the post of President, Kamgar Sampuktha Morcht. Union and being the President of Union he used to raise various demands with the management of Man- ganese One Tndia Limited and was also reporting the matters to the higher authorities regarding corrupt practices adopted by the officer at Tirodi Mine. This act of the workman caused annoyance to the manage- ment of Tirodi mine and therefore with intend to vic- timise him they served him with false chargesheet dated 24-2-91. The management made false allega¹- tions against him in the charge sheet that on 23-2-91 at about 5 P.M., he organised a general meeting of the Union in front of the Mines and delivered a speech in which he used abusive and filthy language agaiVist the Mines Manager, Shri Cliakaravouly in respect to the attitude adopted for payment of incen- tive Rs. 600 declared by the company for all work- mien in the form of Kisan Vikas Patra. The company had declared to give incentive of Rs, 600 to all the employees for the excellent performance in the rele- vant year. This amount was to be paid to the wor- kers in the form of Kisan Vikas Patra which was not acceptable to the workers. Under the provisions of Payment of Wages Act only the wages should be paid to the workers in cash or coins and Kisan Vikas Patra cannot be said to be cash or coin, The work- man further alleges that *he incentive was to he paid by the company to the workers at the time of Holi festival and therefore the workers had demanded that5357 this incentive should be paid in cash only. The Mines Manager did not accepted and informed that Kisan. Vikas iJatra is being given as per direction ol the Ministry. The workman demanded the copy of the order of Ministry which was not given to the Union by the management. Kisan Vikas Patra was distri- buted to the workers through some broker of Nagpur uiid in this way, the management earned a lot of commission. Due to this very fact, the incentive was not paid to the workers in cash at the lime of Holi festival. The workman had never abused or used any filthy language against the Mines Manager Shri Chakravorty in his speech. Ik had never threatened the management of dier consequences in the event nf not paying the incentive in cash to the workers.

The Enquiry Officer was not under the influence of Shri Chakravorty as alleged by the workman. Before initiating the DE, all the relevant documents were given to the workman to defend his uase properly. He was allowed to engage one assistant during Ihe enquiry proceedings. The workman participated in the enquiry and the prosecution witnesses were exa- mined in his presence and they were cross examined by him. He was also allowed to adduce defence wit- ness who was examined in his presence. In this wary the workman was given ample opportunity by Ihe Enquiry Officer to defend his case properly. The Enquiry Oliicer gave the report against the workman and hold the charges proved against him. He had considered the entire material on record before him and after due consideration, the report was submitted to the Disciplinary Authority for necessary action. The Disciplinary Authority accepted the report und passed the dismissal order against the workman on 20-6-91. The Enquiry Report is perfectly legal and does not require any interference. The order of dis- missal has been passed against the workman after due consideration and no illegality has been commit- ted by the management in this respect. The conduct, of the workman is unbecoming of an employee and therefore the management has lost evidence to him. He is not entitled to reinstatement with back wages.

6. The following issues arise for decision in Ihis case and my findings thereon are noted hereinafter :—

J. Whether the DE conducted against the

workman is just and proper ?

2. Whether the workman is entitled to re-

instatement with back wages ?

3. It is further alleged by the workman that the 'Mines Manager had appointed his subordinate to conduct the DE against him. He had replied to the chaTgesheet satisfactorily but it was not accepted by the management. The Enquiry Officer concluded the enquiry in one day and never permitted the work- man to produce his defence witness and defend his. case property. The relevant documents were also not supplied to him during the- enquiry proceedings. The Enquiry Officer was under the influence of the Mines Manager Sh. Chakraivorfy and therefore the impartial, enquiry was not conducted by him, Tn this way he' has been prejudiced by the conduct of Enquiry Offi-! cer. The enquiry report is not based on the evidence on record. It is absolutely perverse and therefore-, deserves to be set aside. He was also not given sus- pension allowance by the management. The Discipli- nary Authority wirongly accepted the Enquiry Report and passed the dismissal order against the workman on 28-6-91 which deserves to be quashed, He is en- titled to reinstatement with back wages.

3. Relief and costs ?

7. Issue No. 1.—On 28-10-99, it has been held bv this court that the Departmental Enquiry conducted against the workman for the alleged misconduct is just and proper. In view of this finding this issue needs no further consideration.

4. The case for the management is that on 23-2-91, the workman organized an unauthorised meeting nf workers at Tirodi Mine instigating them not to ac- cept the Kisan Vikas Patra, as a one time reward declared by the company for over all good perform- ance in the year 1989-90. He demanded the payment of reward in cash and not bv way of Kisan Vikas Patra. The company had decided to reward the wor- kers for the over all good performance in the year 1989-90 as a one time arrangement and this reward was not admissible to the workmen as per the service conditions or under any other statutes as the bonus due to the employees for the year 1989-90 under the Payment of Bonus Act, 196^ had already been dis- bursed in cash within the prescribed time limit. Tak- ing these facts into consideration, the management decided to make the payment of reward bv way of • Kisan Vikas Patra. In the meeting the workman pub- licly abused the Mines Manager Shri Chakrnvovlv anH instigated the workers and cxovteii him to create all sorts of trouble in the industry. He PISO threatened Shri Chakravorty With dier consequences. This act of the workman amounts to serious misconduct aid then-forr the management served him with charge- sheet.

8. Issue No. 2.—The workman has claimed his reinstatement on the ground that the false charges were framed against him malaciously with an intent to terminate his services as being the office bearer of the Union. He was always lanising the just demand of the workers before the management for redressing their grievances. The management was mnoyed with ln's Union activities and therefore he has been dis- missed from service without any just and proper ground. The management has denied all the allega- tions of the workman. Now the sole question remains to be decided as 5358 THE GAZETTE OF INDIA : SEPTEMBER 25, 2001/BHADRA 3 ], 1923 [PART IT—SEC, 3(ii)]
10. T\K prosecution evidence also discloses that prior to the dale of aforesaid inciduit, the workman had several times misbehaved with the odicers ot the mines and threatened to assault linn during the working hours. For this euii:.liief, h<-i was warned i<> improve his behaviour. Inspi'e of it, the workman did noi try lo improve his conduct.

company had suffered the considerable loss of pro- duction in the mines. The wo i Limn openly u\ed abusive language against the otlicers u/ the mines in the meeting and thnealcncd lo caii-e danger io their life also. 'Iliis act of the workman was a serious mis- conduct and therefore the management decided fi hold the Departmental Enquiry against liiin. The chargesheet was served on him and (he Departmental Enquiry was conducted u'gaiir-.t him in a just and proper manner and he was i;ivcn ample opportunity to defend his case. The Enquiry Officer after con- sidering the material on record held the charges prov- ed against the workman. His report WLIS accepled b'y the Disciplinary Authority and I be di:,mi- sul order was passed against the workman.

11. The Enquiry OITiccr has very well consJdeu-d the entire material an record regarding the misconduct of the workman. There is no reason to discard the decision taken by the Enquiry Officer afl'-r the con- clusion of the DF and holding ihe charges proved against the workman. This com! cannot reappreciate the evidence adduced before the enquiry officer. The finding of Enquiry Officer cannot be held to be pur- verse. On the contrary, there is sufficient evidence on record to prove charges levelled against the work- man. The charges of misconduct are grave in nature and therefore it cannot be held that the punishment of dismissal from service i> disproportionate in the circumstances of the case. For such misconduct, no leniency should be shown io such a vicious worker. He is therefore not entitled to reinstatement with back wages. Issue No. 2 is answered accordingly.

12. On the reasons slated above, it is held that the order of dismissal from service passed by the man- agement against the workman is perfectly just and proper and therefore it docs not require any inter- ference. The workman is not entitled to any relief as claimed by him. The reference is accordingly ans- wered in favour of the management and against the workman.

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

Labour, Government of India as per rules. 9, The Departmental Enquiry lias been held to be just and proper. In such a circuvrrj'ance, this court cannot sit as a court of appeal over [he decision of Disciplinary Authority. From the Departmental i n- quiry Proceedings, it is clearly established that the enquiry officer has properly considered the evidence on record and held the charges proved against the workman. The prosecution witnesses have specifically stated before the Enquiry Officer tint on the relevant date the meeting was organised by the workman on the gate of the mine. The workman while adducing the meeting of the workers, openly instigated workers not to accept Kisan Vikas Patra as a rew'ard offered by the management and used abusive language against the superintendent of mines Shri Chakravorty. He also threatened to kill Shri Chakravarty if he did not consider the demands of the workers to pay re- ward in cash, He had also threatened that he will burn the car of Shri Chakravorty in case of not con- sidering the demand. This act of the workman cer- tainly created unrest in the industry causing loss in production of the mineral in the mines.

K. M. RAI, Presiding Officer 1006 H'OOlT-HiRCT 'suoimnjiqnj jo J.i[[OJ)uoJ) OLD Aq p.iijsijqntl pun

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