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P A KRISHNAMOORTHY. Director of Legal Metrology6647 6648 THE GAZETTE OF INDIA : NOVEMBER 17. 200I/KARTIKA 26. 1923 IP "T II—SEC\ 3 (ii)l

New Delhi, the 3rd November. 2001

S.O. 3123. — Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standard of Weights and Measures (Approval of models) Rules. 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate sen ice 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 (multi load cell weigh bridge) belonging to medium accuracy (Accuracy class III) of AWMB series w ith brand name '' Aristron'" (herein referred to as the modle) manufactured by M/s Aristron weighing Machine & Systems. 61/5, Manubai Chawl. Pushpa Park. Malad (E). Mumbai-400097 and which is assigned the approval mark IND/09/2001/110:

The said model (See the figure) is non-automatic wieghing instrument The maximum capacity is 30 tonne and minimum capacity of 100kg. The value of verification scale interval (e) is 5kg It has a tare device with a 100 per cent substractive retained tare effect. The load receptor is of rectangular section of side 9><3m The Light Emitting Diode (LED) display indicates the weighing result The instrument operates on 230 volts, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by Sub-section (12) of 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 pcrfoimancc of same series with maximum capacity above 5 tonne with number of verifica- tion scale interval (n) in the range 500 to 10,000 for V value of 5kg or more and with 'e' value of 1 xlOk, 2"10k and 5x 10k. k being a positive or negative whole number or equal to zero manufactured by the same manufacturer in accor- dance with the same principle, design and with the same materials with which, the approved Model has been manufactured.

[F No. WM-21(57)/20001 P. A. KRISHNAMOORTHY. Director, Legal Metrology 1)0446650 THE GAZETTE OF INDIA : NOVEMBER 17, 2001/KARTIKA 26. 1923 [PAKr II—Sw 3 (ii)J

New Delhi, the 3rd November, 2001

S.O. 3124.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the model described in the said icpoit (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standard of Weights and Measures (Approval of models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions :

Now, therefore, in exercise of the powers conferred by Sub-section (7) of Section 36 of the said Act. the Central Government hereby publishes the Certificate of approval of the model in respect of Automatic weighing machine (weigh- ing and bagging) of' "TEK-AWB" series with brand name ' 'TECHNODHAN'' (herein referred 1o as model), manufac- tured by M/s Tckno-kom, Engineers, plot no 19(4) F block, M1DC, Pimpri, Pune-411018 and which is assigned the approval of Model mark IND/09/2001/123,

The Model is a automatic weighing machine (weighing and bagging). The capacity ranges from 10kg to 50kg. The minimum capacity is 10kg. It is used Tor filling free flowing solid products such as tea. spices, fertilizers chemicals, plastic chips, cereals, Pharmaceuticals, dyes and pigments, sugar, animal feeds etc. The rate of filling is 200 bms per hour depending upon the bulk density ofthe material, nature and quantity of the product. It operates on alternate three phase currcrnt power supply 220 V. 50 H/_.

fF. No. WM-21(125)/2(K)01

P. A. KR1SHNAMOORTHY, Director. Legal Metrology6651 3439GI/2001—66652 THE GAZETTE OF INDIA ; NOVEMBER 17, 2001/KARTTKA 26, 1923 [PART 11—Sue. 3 (ii)l

New Delhi, the 3rd November, 2001

S.O. 3125.—Whereas the Central Government, after considering the report submitted to it by Ihc 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, *976 (60 of 1976) and the Standard of Weights and Measures (Approval of models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render 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-nutomatic. (toble top type) weighing instrument with digital indication of " S I" scries of High accuracy' (Accuracy class II) and with brand name "SHARP INSTRUMENTS" (hereinafter referred to as the model), manufactured by M/s Sharp Instruments, 48. Harsiddha Society Opp:Ravamani Hall, Nr. Water Tank, Ghallodia, Ahmcdabad-38006land which is assigned the ap- proval mark IND/09/2001/51;

The said model (figure given) is non-automatic weighing instrument with a maximum capacity of 22 kg and minimum capaciaty of lOOg. The verification scale interval (e) is 2g. It has a tare device with a 100 per cent subslractivc retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by Sub-section (12) of 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, design and performance of same series with maximum capacity upto 50kg and with number of verification scale interval (n) in the range 100 to 10,000 for 'c' value of Img to 50mg and with number of verification scale interval (n) in the range of 5000 to 1.00,000 for 'e' value of lOOmg or more and with V value 1 -10k, 2 - 10k and 5* 10k, k being a positive or negative whole number or equal to zero manufactured by the same manufacturer in accor- dance with the same principle, design and with the same materials with which, the approved Model has been manufactured.

[F. No WM-21(]45)/20001

P. A KRISHNAMOORTHY, Director, Legal Metrology-6653 6654 THE GAZETTE OF INDIA : NOVEMBER 17, 200 I/KARTIKA 26, 1923 IPART II—She 3 (ii)]

New Delhi, the 3rd November, 2001

S.O. 3126.—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 Standard of Weights and Measures (Approval of models) rules, 1987 and the said model is likely lo maintain its accurecy 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, (plate form type) weighing instrument with digital indication or " S I" scries of Medium accuracy (Accuracy class 111) and with brand name ' SHARP INSTRUMENTS" (hereinafter referred to as the model), manufactured by M/s Sharp Instruments, 48, Harsiddha Society Opp: Ravamani Hall, Nr. Water Tank, Ghatlodia, Ahmedabad-38006land which is assigned the ap- proval mark IND/09/2001/52;

The said model is non-automatic weighing instrument w ilh a maximum capacity of 30 kg and minimum capa- city of lOOg. The verification scale interval (c) is 5g, It has a tare device with a 100 per cent subslractive 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.

luillier. in exercise of the powers conferred by Sub-section (12) of Section 36 of the said Act, the Central < ,.,v:nnncnl hereby declares I hat this certificate of approval of the Model shall also cover the weighing lnstru- ui'-tm of similar make, design and performance of same series with maximum capacity above 5 tonne and ,.,=,„ timber of verification scale interval (n) in (he range 500 to 10,000 for V value o Hg or more and with V value < • ink. 2- 10k ;ind 5 • 10k. k being a positive or negative whole number or equal to 7ero manufactured by the same KM -..liiciurcr m accordance with the same principle, design and with the same materials wilh which, the approved Model it;, '.ecu manufactured.

[F. No. WM-21(145)/2U()0]

l\ A KRISHNAMOORTHY, Director, Legal Metrology6655 6656 THE GAZETTE OF INDTA : NOVEMBER 17. 200I/KARTIKA 26, 1921 [PART II—SEC 3 (ii)]

New Delhi, the 3rd November, 2001

S.O. 3127.—Whereas the Central Government, after considering the report submitted to it by Ihc prescribed authority, is satisfied that the model described in the said rcpon (the figure given below) is in conformity with the provi- sions of the Standards of Weights and Measures Act. 197b (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. thcteforc. in exercise of Ihc powers conferred b\ sub-section (7) of section 36 of the said Act the Central Government hcreb> publishes the Certificate of approval of the model of the self indicating, non- automatic, (table top type) weighing instrument with digital indication of "AFJ" scries of High accuracy (Accu- racy class It) and with brand name "MINTLLER"' (hereinafter referred to as the model), manufactured by M/s Aver India Equipment. Near Sales Tax Office. Manihai Chowk Sa\er Kundla-164515 and which is assigned the approval of mark IND/09/2001/131.

The said model (figure given) is a weighing instrument with a maximum capacity of 22 kg and minimum capaciaty of H)0g. The verification scale interval value (e) is 2 g. It has a tare deuce with a 100 percent substractive retained tare effect The Light Emitting Diode display indicates the weighing result The instrument operates on 230 Volts and 50 Hcrt/ altci nate current power supply

Further, in exercise of the powers conferred b> sub-section (12) of section 16 of Ihc said Act. the Cenlial Government hereby declare that this ceilificalc ofappio\al of the Model shall also covei the weighing instrument ol similar make, design, accuracy and performance of same senes with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range or 100 to 1.00.000 for V value of ling to 50 mg and with numbci of verification scale interval (n) in the range of 5000 to 1,00,000 lor V value of lOOmgor more and wilh 'e' value 1 • 10k. 1 • 10k and 5 * 10k. k being the positive or negative whole number oi equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with Ihc same materials with which, the approved Model ha\c been manufactured.

|F No. WM-21(IM)/2OOO|

P A. KRISHNAMOOKTHY, Dncclor, Legal Metrology6657 6658 THE GAZETTE OF INDIA : NOVEMBER 17, 200I/KARTIKA 26, 1923 [PART II—SEC. 3 (ii)|

New Delhi, the 3rd November, 2001

S.O. 3128.—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.

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 Ccntificatc of approval of the model of the self indicating, non- automatic, (table top type) weighing instrument with digital indication of "AET" series of Medium accuracy (Accuracy class III) and with brand name "MINTLLER" (hereinafter referred to as the model), manufactured by M/s Aver India Equipment, Near Sales Tax Office, Manihai Chowk Saver Kundla-364515 and which is assigned the approval markIND/09/2001/132;

The said model (figure given) is a weighing instrument with a maximum capacity of 15 kg and minimum capaciaty of 40g. The verification scale interval (e) value is 2g. It has a tare device with a 100 percent substractive retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 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 instru- ments of similar make, design, accuracy and performance of same series with maximum capacity upto 50 kg, and with number of verification scale interval (n) in the range of 100 to 10,000 for 'e' value of lOOmg. to 2g. and with number of verification scale interval (n) in the range of 5000 to 10,000 for 'e¹ value of 5g or more and with ' c' value 1 * 10k, 2 * 10k and 5 x 10k, k being a positive or negative whole number or equal to zero manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved Model has been manu- factured.

[F. No. WM-21(154)/?0001 P.A. KRISHNAMOORTHY, Director, Legal Metrology6659 3439GI/2001—76660 THE GAZETTE OF INDIA : NOVEMBER 17, 200 I/KARTIKA 26, 1923 IPART II—SRC. 3 (ii)]

New Delhi, the 3rd November, 2001

S.O. 3129.—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;

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-automaiic, (plate form type) weighing instrument with digital indication of " AEP" series of Medium accuracy (Accuracy class III) and with brand name "MINTLLER" (hereinafter referred to as the model), manufactured by M/s Aver India Equipment, Near Sales Tax Office, Manihai Chowk Saver Kundla-364515 and which is assigned the approval mark IND/09/2001/133;

The said model (figure given) is a wieghing instrument with a maximum capacity of 30 kg and minimum capacity of lOOg. The verification scale interval (e) value is 5g. It has a tare device with a 100 per cent substractive 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, design accuracy and performance of same series with maximum capacity upto 5 tonne and wilh number of verification scale interval (n) in the range of 500 to 10,000 for V value of 5g. more and with (e) value 1 < 10k, 2* 10k and 5 * 10k, k being a positive or negative whole number or equal to zero manufactured by the same manufacturer in accor- dance with the same principle, design and with the same materials with which, the approved Model has been manufac- tured.

[F. No. WM-21(154)/2O<)01

P.A. KRISHNAMOORTHY, Director, Legal Metrology6661 6662 THE GAZETTE OF TNDIA : NOVEMBER 17, 200I/KARTIKA 26, 1923 [PART II—SFr. 3 (ii)l

New Delhi, the 3rd November, 2001

S.O. 3130.—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 Standard of Weights and Measures (Approval of models) rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render 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 centificalc of approval ofthe model of counter machine of Mechanical type with brand name"132. Atish Marketing" (herein referred to as the Model), manufactured by M/S JivanNagji Great Company (Reg) Amrcli Road Udhyog Nagar, Savar Kundla-364515 (Gujarat) and which is assigned the approval of mark IND/09/2000/247; '

The said model (the figure given) is a Mechanical counter machine. The maximum capacity of the machine is 10 kg. F.tnhcr, in exercise ofthe powers conferred by sub-section (12) of 36 section said Act, the Central Government 1(L-IX - declares that this certificate of approval ofthe Model shall also cover the weighing instruments of similar make, jcuuacy and performance of same series with maximum capacity up to 50 kg manufactured b\ I he same manufacture: in jcc< tdance with the same principle, design and with the same materials with which, the approved Model has been nurufacturcd.

|F No WM-21(175)/2()00] P.A. KPJSHNAMOORTHY. Director, Legal Metrology6663 6664 THE GAZETTE OF INDIA : NOVEMBER 17, 2001/KARTIKA 26, 1923 |PART II—SEC. 3 (ii)]

New Delhi, the 3rd November, 2001

S.O. 3131.—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 Standard of Weights and Measures (Approval of models) rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render 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 herebv publishes the certificate of approval of the model of the non-automatic weighing instrument (Table Top type) belonging to Medium Accuracy (Accuracy class III) of 'WWS' scries (herein referred to as the model) and with the brand name "WINTECH" manufactured by M/s Wintcch Scales Mfg. Works, 203, Near: Nilkamal Complex, Havmore Restaurant, Navarangpura, Ahmcdabad-3 80009 which is assigned the approval or mark TND/09/2001/128;

The said model (the figure given) is non-automatic weighing instrument. The maximum capacity is 20 kg and minimum capacity of 4()g. The value of verification scale interval (c) is 2g. It has a tare device with a 100 percent subslraclive retained tare effect. The Light Emitting Diode (LED) display indicates the weighing results. The instrument operates on 230 volts. 50 Herl/. alternative current power supply;

I'urilicr. m exercise or lla- powers conferred by sub-section (12) of section 36 of the said Act, the Central Government herein declares thai this certificate of approval or the Model shall also cover ihc weighing instruments or similar make, acuitac) and performance or same scries with having maximum capacity upto 50 kg with number of verification scale (n> m lhe rnnyc of 100 to 10,000 for V value or 100 mg lo 2g and with number of verification scale interval (ii) indie un"e of 500 loiO,0001br V value 5g or more and with V value 1'lOk, 2 v 10k and 5< 10k,kbcing a positive or nagative whole number or equal (o zero manufactured by (he same manufacturer with the same principle, design and with lhe same materials with which the approved Model has been manufactured.

IF. No. WM-21(183)/2O0O|

PA. KR1SHNAMOORTHY, Director, Legal Metrology6665 6666 . THE GAZETTE OF INDIA: NOVEMBER 17, 200 I/KARTIKA 26, 1923 [PART II—SEC. 3 (ii)]

New Delhi, the 3rd November, 2001

S.O. 3132.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standard of Weights and Measures (Approval of models) rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render 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 (Plat- form type) belonging to Medium Accuracy (Accuracy class III) of 'WWS' series (herein referred to as the model) and with the brand name "WTNTECH" manufactured by M/s Wintech Scales Mfg. Works, 203, Near: Nilkamal Complex Havmore Restaurant, Navarangpura, Ahmedabad-380009 and which is assigned the approval of mark IND/09/2001/129;

The said model (the figure given) non-automatic weighing instrument. The maximum capacity is 100 kg and minimum capacity of 200g. The value of verification scale interval (e) is lOg. It has a tare device with a 100 percent substractive retained tare effect. The Light Emitting Diode (LED) display indicates the weighing results. The instrumenl operates on 230 volts, 50 Hertz alternative current power supply:

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

|F. No. WM-21(183)/20()()l

PA. KRISHNAMOORTHY, Director, Legal Metrology6667 3439 GI/2001—86668 THE GAZETTE OF INDIA : NOVEMBER 17, 2001/KARTIKA 26, 1923 [PART II—SD" 1 (h)]

New Delhi, the 3rd November, 2001

S.O. 3133.—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 ofWeights 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-aulomatic weighing instrument with digital indicator (conversion kit for Mechanical weigh bridge) belonging to Medium Accuracy (Accuracy class III) of 'WWS' series (herein referred to as the model) and with the brand name "WINTECH" manufactured by M/s Wintech ScalesMfg, Works, 203, Near: Nilkamal Complex, Havmorc Restaurant, Navarangpura, Ahmcdabad-3 80009 and \\Inch is assigned the approval mark IND/09/2001/130;

The said model (the figure given) is non-automatic weighing instrument. The maximum capacity is 10 tonne and minimum capacity of 100 kg. The value of verification scale interval (c) is 5kg. It has a tare device with a 100 percent substractivc retained tare effect. The Light Emitting Diode (LED) display indicates the weighing results The instrument operates on 230 volts, 50 Hertz alternative current power supply.

Further, in exercise of the powers conferred by Sub-section (12) of section 36 of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighting instruments of similar make, accuracy and performance of same series with having maximum capacity above 5 tonne and with number of verification scale interval (n) in the range of 500 to 10,000 for V value of 5kg or more and with 'c' value 1 > K)k, 2 x 10k and 5 x 10k, k being a positive or negative whole number or equal to zero manufactured by the same manufacturer with the same principle, design and with the same materials with which the approved Model has been manufactured

[F No. WM-21(183)/20001

P.A. KRISHNAMOORTHY, Director, Legal Metrology6669 6670 THE GAZETTE OF INDIA : NOVEMBER 17, 200I/KARTIKA 26, 1923 [PART II—SF^. 3 (ii)J

New Delhi, the 3rd November. 2001

S.O. 3134.—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;

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 ccntificate of approval of the model of the self indicating non-automatic (Conversion kit for Mechanical weigh bridge type) weighing instrument with digital indication ol Medium Accuracy (Accuracy class III) and with brand name "ATLANTA" (hereinafter referred to as the model), manufactured by M/s Atlanta Scales manufacturing Co 806, 8th floor, Sahajanand Shooping-Centre, Near Mudhupura Market, Shahibaugh Road, Ahmcdabad- 380004 and which is assigned the approval mark TND/09/2001/134;

The said model ( figure given) is a non-automatic weighing instrument (Conversion kit for Mchanical weigh bridge t>pc) with a maximum capacity of 20 lonnc. and minimum capacity of 100kg. The verification scale interval (e) value is 5kg. It has a tare device with a 100 percent substraelivc retained tare effect The Light Emitting Diode (LED) display indicates the weighing result The instrument operates on 230 volts, 50 Hertz alternative current power supply; 1- i thcr, in exercise of the powers conferred by Sub-section (12) of section 36 of the said Act, the Cenlial i j.,.cri>i icnt herebv declares that this certificate of approval oHhe Model shall also cover the weighing instrument or • iMiil.ir -nakc, and pcrlormancc of same series with maximum capacity ahme 5 Uiaiu: and with number of verification ,.,"k, ilerval (n) in the range of 500 to 10,000 Tor V value of Skf, ui more and with V \alue lv l"k. I • 10\ .nui 5¹" 10k. k being a positive or negative whole number or equal to zero manufactured bv the same mamif'arUt.cr m i 'vidancc with the same principle, design and with the same materials with which the approved Model ha\c been in tui'.actured

|F. No WM-21(1S5)/20001

P A KRISHNAMOORTHY, Director, Legal Metrology6671 6672 THE GAZETTE OF INDIA . NOVEMBER 17, 2001/KARTIKA 26, 1923 [PART II—SEC 3 (ii)]

New Delhi, the 3rd November, 2001

S. O. 3135.—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 (he Standards of Weights and Measures (Approval of Models) Rules, 1987 and ihe said Model is likely to mainlam 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 weighing machine (net weigher) TSW scries (herein referred to as model) manufactured by M/s Transwcigh (India) Limited, 124 ABCD Road, Government Industrial Estate, Charkip, Kandivli (West), Mumbai-400067 and which is assigned the approval of Model mark INDAW2001/47;

The Mode! is a Automatic weighing machine (Wcighnietnc filler) The capacity range is 10kg to 100kg It (ills upto 200 bags per hour. It \i, used for ficc flowing solid products such as lea, spices, fertilizers, chemicals, plastic chips, cereals, sugar, animal feeds, etc It operates on Single phase AC 220, V 50 H/

|F No WM-21(IX9)/2()00)

P A KRISHNAMOORTHY, Director, Legal Metrology6673 6674 THE GAZETTE OF TND1A . NOVEMBER 17, 200I/KARTIKA 26, 1923 [PARI II—SEC 1 (ii)j

New Delhi, the 3rd November, 2001

S. O. 3136,-—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 v\ith 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 likcJy 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 weighing machine (gioss weigher) TSW scries (herein referred to as model) manufactured by M/s Transwcigh (India) Limited, 124, ABCD Road, Government Industrial Estate, Charkip, Kandivli (West), Mumbai-400067 and which is assigned the approval of Model mark IND/09/2001/48,

The Model is a Automatic weighing machine (Wcighmetnc filler). The capacity range is 10kg to 100kg It fills upto 200 bags per hour It is used for free flowing solid products such as tea, spices, fertilizers, chemicals, plastic chips, cereals, sugar, animal feeds, etc. It operates on Single phase AC 220 V 50 H/.

[F. No WM-21(189)/2000]

P A KRISHNAMOORTHY, Director, Legal Metrology6675 3439 Gl/2001—96676 THE GAZETTE OF INDIA : NOVEMBER 17, 200I/KARTIKA 26, 1923 [PART II—SEC 3 (ii)]

New Delhi, the 3rd November, 2001

S. O. 3137.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, along with the Model and test results, granted by National Institute of Standards and Technology, United States of America 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 proviso of 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 Mass Flow Meters (therein referred to as the Model), with brand name 'MICRO-MOTION' of CMF series, manufactured by M/s Micro-Motion Inc. USA 7070 Winchester Circle, Boulder, Colorado-80301 U.S.A. and marketed by M/s Fishcr- Rosemount (India) Ltd , 1108, Maker Chambers, V. Nariman Point, Mumbai-400 021 which is assigned the approval mark IND/13/2001/54;

The said model is a Mass flow meter. The technical features of the model arc as follows .

Remote flow transmitter : RFT 9739, 3700 (ATLUS), 3500 (ATLUS) series Flow rate range : 1 8 kg/minutc to 6818 kg/minute. Minimum measured quality: 1.8kg to 6818kg. Display. Liquid Crystal Display (LCD) Products Group Normal liquids of specific gravity 1.0 to 1.8 (for mass units), 0 7 to 1 (for volume units), compressed liquids, with specific gravity in the range 0.5 to 0.68. cryogenic liquids with specific gravity 0 07 to 1.4 (only mass units).

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 mass flow meters of the same series and of size 0.625mm to 100mm of similar make, accuracy and performance of same series manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with whjch, the approved Model has been manufactured

|F No WM-21(206)/2000|

P.A. KRISHNAMOORTHY, Director, Legal Metrology o f i 7S T HE G A Z E T TE OF I N D IA • N O V E M B ER 1 7, 2 0 0 1 / K A R T I KA 2 6, 1 9 23

| P A RT I I —S KC 3 ( i i )|

New Delhi, the 3rd November, 2001

S. O. 3138.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, along with the Model and test results, granted by National Institute of Slandaids and Technology, United States of America 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 Ihc 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 proviso of 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 Mass Flow Meters corohs type (herein referred to as the Model), with brand name 'MICRO-MOTION' of D scries, manufactured by M/s Micro-Motion Inc , USA 7070 Winchester Circle, Boulder, Colorado-80301 U S A. and marked by M/s. Fisher- Roscmount (India) Ltd., 1108, Maker Chambers, V Nariman Point, Mumbai-400 021 which is assigned the approval markIND/n/2001/53,

The said model is a Mass flow meter (corolis type). The technical features of the model arc as follows :

Remote flow transmitter RFT 9712, RFT 9739 series. Liquids flow rate range • 2 Kg/minulc to 11363 kg/ minute Gas flow range 0 011 kg/min to 22 7 kg/min Display Liquid Crystal Display (LCD) Products Group • Normal liquids of specific gravity 0.7 to 1.8, Compressed gas of specific gravity 0 6 to 0 8 , lcquificd oxygen, lcguified nitrogen of specific gravity 0 07 to 1.4, cryogenic liquids uf specific gravity 0 5 to 0.68. and compressed liquids of specific gravity 0.5 to()o8

Further, in exercise of the powers conferred by sub-section (121 of section 36 of the to said Act, the Central GCT. itment hereby declares that this certificate of approval of the Model shall also cover the mass flow meters of same ,,;,iLs and of size 0.625mm to 150mm of similar make, accuracy and performance of same series manufactured b\ the <-vi^ manufacturer in accordance with the same principle, design and with the same materials with w hich, the approved M >lcl has been manufactured

|F No WM-21(206)/2000]

P A KRISHNAMOORTHY, Director, Legal Metrology1 HE GA b OF INDIA NOVEMBER 17, 200I/KARTIKA 26, 1923 [PART II—SEr\ 3 (ii)J

New Delhi, the 3rd November, 2001

S. O. 3139.—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 ofthe Standards of Weights and Measures Act, 1 976 (t.O of 1976) and the Standards of Weights and Measures (Approval ofModcls) Rules, 1987 and the said Model is likely to iiumlain its accuracy over periods of sustained use and to render accurate service under varied conditions.

Now, thcieforc, 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 ofthe Model ofthe non-automatic weighing instrument (table top type) belonging to High accuracy (Accuracy Class II) of lCS' scries with brand name 'CLASSIC (herein referred to as the model) manufactured by M/s Classic Weighing Scale Thimbhavan Nivas' R. No 6, Opp Elora Shopping Centre, DaJtry Road, Ma lad (E), Mumbai-400097 and which is assigned the approval mark IND/09/2001/98, The said model (the figure given) is non-automatic weighing instrument (Table top type) The maximum capacity is 300g. and minimum capacity 2()()mg The value of verification vale interval (e) is 10 mg It has a tare device with a 100 per cent subslractivc retained tare effect The load receptor is of square seclion of side 80mm DIA. The I ,ighl Emitting Diode (LED) display indicates the weighing result the instrument operates on 230 \ oils, 50 Hertz alternate current power supply,

New Delhi, the 3rd November, 2001

S. O. 3140.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of the non-automatic weighing instrument (Platform type) belonging to Medium accuracy (Accuracy Class III) of'CS' series with brand name 'CLASSIC (herein referred to as the model) manufactured by M/s Classic Weighing Scale, 'Thribbhavan Nivas' R. No. 6, Opp. Elora Shopping Centre, Daftary Road, Malad (E), Mumbai-400 097 and which is assigned the approval mark IND/09/2001/99;

The said model (the figure given) is non-automatic weighing instrument (Table top Type). The maximum capacity is 100 Kg and minimum capacity 200 g The value of verification scale interval (e) is lOg It has a tare device with a 100 per cent substractivc retained tare effect. The load receptor is of rectangular section of side 600 * 550 The Light Emitting Diode (LED) display indicates the weighing result the instrument operates on 230 volts, 50 Hcru alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of 36 section of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 5 tonne and with number orvcrificalion scale interval (n) in the range 500 to 10,000 for c' value of50g to or more and with V value 1 > 10\ 2V l()k and 5V IO\ k being positive or nagativc 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(23)/2O()1|

P A. K.RISHNAMOORTHY, Dircclor, Legal Metrology6683 3439GI/2001—106684 THE GAZETTE OF INDIA ; NOVEMBER 17, 2001/KARTIKA 26, 1923 [PART II—SD 1 (n/J

New Delhi, the 3rd November, 2001

S. O. 3141.—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 belovv) 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 "AKAR-TT" series of Medium accuracy (Accuracy class III) and with brand name "ATLAS" (hereinafter referred to as the model), manufactured by M/s Aketr Controls, 6, Sam Building, 68 Koma Koti Street, West Mambalam, Chennai-600 033 and which (5 assigned the approval mark 1ND/09/2001/105, The said model (the figure given) is a weighing instrument with a maximun capacity of 30 kg and minimum capacity of 100 g. The verification scale interval (e) is 5 g. It has a tare device with a 100 per cent substraclivc retained tare effect. The Light Emitting Diode display indicates the weighing result. The instrument operates on 230 volts, 50 Hertz alternate current power supply;

Further, in exercise of the powers conferred by sub-section (12) of 36 section of the said Act, the Central Government hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same series with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range 100 to 10,000 for 'e' value of lOOmg to 2 g 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 'e' value 1 * 10\ 2 ^ U)k and 5 * 10k, k being positive or nagativc 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(39)/2001]

P A KRISHNAMOORTHY, Director, of Legal Metrology6685 6686 THE GAZETTE OF INDIA NOVEMBER 17, 2001/KARTIKA 26, 1923 PART II—SEC 3 (n)]

New Delhi, the 3rd November, 2001

S. O. 3142.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions,

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of the self-indicating, non-automatic (Platform type) weighing instrument with digital indication of "AKAR-PF" series of Medium accuracy (Accuracy class III) and with brand name "ATLAS' (hereinafter referred to as the model), manufactured by M/s Akar Controls, 6, Sara Building, 68 Koma Koti Street, West Mambalam, Chennai-600 033 and which is assigned the approval mark IND/09/2001/106, The said model (figure given) is a weighing instrument with a maximun capacity of 100 kg and minimum capacity of 400 g The verification scale interval (e) is 20g It has a tare device with a 100 per cent substractive retained tare effect The Light Emitting Diode display indicates the weighing result The instrument operates on 230 volts, 50 Hertz alternate current power supply,

further, in exercise of the powers conferred by sub-section (12) of 36 section of the said Act, the Central "'uwnment hereby declares that this certificate of approval of the Model shall also cover the weighing instruments of v.nv t make, accuracy and performance of same senes with maximum capacity upto 5 tonne and with number of verification tntcrval (n) in the range 500 to 10,000 for 'e' value of 5g or more and with 'e' value l x l 0\ 2><10k and 5><10k, k -,df \ i v, positive or nagative whole number or equal to zero, manufactured by the same manufacturer in accordance with the ' i principle, design and with the same materials with which, the approved Model have been manufactured *

[F No WM-21(39)/200l]

P A KRISHNAMOORTHY, Director of Legal Metrology6687 6688 THE GAZETTE OF INDIA : NOVEMBER 17, 2001/KARTIKA 26, 1923 |PART II—SFC. 3 (ii)]

New Delhi, the 3rd November, 2001

S. O. 3143.—Whereas the Central Government, alter considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (the figure given below) ii. in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards ol WeigLls and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain accuracy over periods of susiamed use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section .16 of (he said Act, the Central Government hereby publishes the certificate of approval of the Model of the automatic filling machine of 'SGF' series and with brand name "GRAVITY FILLER" (hereinafter referred to as the model) manufactured b\ M/s Scaltcch Industries, 162/5, Behind Yamuna Nagar Bus Stop, A.P Triveninagar, Talwade, Punc-412 109 and which is assigned the approval mark 1ND/09/2001/124;

The said model (figure given) is an automatic filling machine. It works on the principle oi gravity' feed under constant head. The machine can be adjusted to deliver any range between 2g to 1000g or of equivalent ^ olume It can fill 20—30 pouches per minute (maximum) depending upon the product specificnlions and quantity of the pouch. The machine is designed to fill non-\iscous liquids products such as milk, butter milk. Mineral water, arrack etc Tt operates on 230 volt, 50 Hertz alternate current power supply.

|F No. WM-21(46)/2()01|

P A. KRtSHNAMOORTHY, Director, Legal Metrology6689 6 6 90 T HE G A Z E T TE OF I N D IA • N O V E M B ER 1 7, 2 0 0 1 / K A R T I KA 2 6, 1 9 23 [ P A RT I I —S F C. 3 ( i i )l

New Delhi, the 3rd November, 2001

S. O. 3144.—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 Standardsof 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 (Augar filler type) of 'SAF' series and with brand name "AUGAR FILLER" (hereinafter referred to as the model) manufactured by M/s. Scaltech Industries, 162/5, Behind Yamuna Nagar Bus Stop, A.P. Triveninagar, Talwade, Pune-412 109 and which is assigned the approval mark IND/09/2001/125;

The said model (figure given) 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 2g to lOOOg or equivalent volume depending upon the diameter of Augar Screw. It can fill 30 pouches per minute (maximum) depending upon the product specifications and quantity of the pouch. The machine is designed to fill non-free flowing products such as milk powder, coffee powder, ground spices, tooth powder, chemical and Pharmaceutical powder etc. It operates on 230 volt, 50 Hertz alternate current power supply.

[F. No. WM-21(46)/2001]

P. A. KRISHNAMOORTHY, Director, Legal Metrology6691 3439 G1/2001—116 6 92 T HE G A Z E T TE OF I N D IA • N O V E M B ER 1 7, 2 0 0 I / K A R T I KA 2 6, 1 9 23 [ P A RI I I —S EC 3 ( n )]

New Delhi, the 3rd November, 2001

S. O. 3145.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the modelndcscnbed in the said report (Sec. figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy' over periods of sustained use and to render accurate service under varied conditions.

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes ihc certificate of approval of the Model of the self-indicating, non-automatic (Table Top type) weighing instrument with digital indication of "MACS-PWTH" scries of High accuracy (Accuracy class II) and with brand name "MACS" (hereinafter refened lo as the model), manufactured by M/s. MACS Weighing System, 10 Mahatma Gandhi Road, Thinivanmiyur, Clicnnai-600 041 and w hich is assigned the approval mark 1ND/09/2001/113;

The said model (figure given) isftweighing instrument with a niaximun capacity of 12 kg and minimum capacity of20g The verification scale interval (e) is 1 g It has a tare device with a 100 per cent substractivc 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 ihe said Act. (he Central Government hereby declares that this certificate of approval of the Model shall also co\cr the weighing instruments of similar make, design, accuracy and performance of same scries with maximum capacity upto 50 kg and with number of verification scale interval (n) in the range 100 to 1,00,000 for 'c' value of Img to 50 mg and with number of verification scale interval (n) in the range offl,00<) to 1,00,000 for V value or 100 mg or more and with "cn value 1' IO\ 2 -10* and 5* 10k, k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved Model have been manufactured

|F No WM-21(51)/2()0I|

P. A. KRISHNAMOORTHY, Director, Legal Mclrologv6693 6694 THE GAZETTE OF INDIA : NOVEMBER 17, 200 I/KARTIKA 26, 1923 [PART II—SEC 3 (ii)]

New Delhi, the 3rd November, 2001

S. O. 3146.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the Model described in the said report ( Sec. figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) 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 "MACS-PWTM" series of Medium accuracy (Accuracy class III) and with brand name "MACS" (hereinafter referred to as the model), manufactured by M/s. MACS Weighing Systems, 10, Mahatma Gandhi Road, Thiruvanmiyur, Chennai-600 041 and which is assigned the approval mark IND/09/2001/ 114;

The said model (figure given) is a weighing instrument with a maximum capacity of 6kg and minimum capacity of 40g. The verification scale interval (e) is 2g. It has a tare device with a 100 per cent subtractive retained tare cffect.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 jimilar make, design, accuracy and performance of same series with maximum capacity upto 50kg and with number of vr ritf < 4ion scale interval (n) in the range of 100 to 10,000 for 'c' value of lOOmg to 2g and with number of verification a.tio uuerval(n) in the range of 500 to 10,000 for 'e' value of 5g or more and with 'e' value l*10\ 2 * 10K, 5 * 10\ k bejrt,s.",the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with thv, K. me principle, design and with the same materials with which, the approved model have been manufactured.

[F. No. WM-21(51)/2001]

P A. KRISHNAMOORTHY, Director, Legal Metrology6695 6696 THE GAZETTE OF INDIA ; NOVEMBER 17, 2001/KARTIKA 26, 1923 [PART II—SEC. 3 (li)]

New Delhi, the 3rd November, 2001

S. O. 3147.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the Model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Platform type) weighing instrument with digital indication of "MACS-PWPH" scries of High accuracy (Accuracy class II) and with brand name "MACS" (hereinafter referred to as the model), manufactured by M/s MACS Weighing Systems, 10, Mahatma Gandhi Road, Thiruvanmiyur, Chennai-600 041 and which is assigned the approval mark IND/09/2001/115;

The said model (figure given) is a weighing instrument with a maximum capacity of 120kg and minimum capacity of 500g. The verification scale interval (e) 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, design, accuracy and performance of same scries with maximum capacity upto 5 tonne and with number of verification interval(n) in the range of 5000 to 100,000 for 'e' value of lOOmg or more and with V value 1 x 10\ 2xlOK, 5xl0K, k being the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with the same principle, design and with the same materials with which, the approved model have been manufactured.

LF. No. WM-21(51)/2001]

PA KRISHNAMOORTHY, Director, Legal Metrology6697 6698 THE GAZETTE OF INDIA : NOVEMBER 17, 2001/KARTIKA 26, 1923 [PART II—SEC, 3 (ii)]

New Delhi, the 3rd November, 2001

S. O. 3148,—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the Model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Platform type) weighing instrument with digital indication of "MACS-PWPM" series of Medium accuracy (Accuracy class III) and with brand name "MACS" (hereinafter referred to as the model), manufactured by M/s. MACS Weighing Systems, 10, Mahatma Gandhi Road, Thiruvanmiyur, Chcnnai-600 041 and which is assigned the approval mark IND/09/2001/ 116;

The said model (figure given) is a weighing instrument with a maximum capacity of 60kg and minimum capac- ity of 400g. The verification scale interval (e) is 20g. 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 Gov- ernment hereby declares that this certificate of approval of the Model shall also cover the weighing instrument of similar make design accuracy and performance of same series with maximum capacity upto 5 tonne and with number of verifica- tion scale interval (n) in the range of 500 to 10,000 for 'c' value of 5g or more and with 'e' value lxl0k, 2xl0\ 5xl0\ 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(51)/20011

PA. KRISHNAMOORTHY, Director, Legal Metrology6699 3439GI/2001—126700 THE GAZETTE OF INDIA . NOVEMBER 17, 200I/KARTIKA 26, 1923 [PART II—SEC. 3 (ii)J

New Delhi, the 3rd November, 2001

S. O. 3149.—Whereas the Ccnlral 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 "JD-J" scries of High accuracy (Accuracy class II) and with brand name "JD-J" (hereinafter referred to as the model), manufactured by M/s Jarawala Digitronics, 33, Nainiappa Naicken Street, Ilnd Floor, Chennai-600 003 and which is assigned the approval mark IND/09/2001/107,

The said model (figure given) is a weighing instrument with a maximum capacity of 200g and minimum capac- ity of 200mg. The verification scale interval (c) is lOmg It has a tare device with a 100 percent subiractive retained tare effcct.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-sec¹ ion < 1?) of section Mi of the said Act, the Central Gov- ernment hereby declares that this certificate of approval of the MoA-1 .hall also cc\cr the weighing instrument of similar make, design, accuracy and performance of same scries with mavimum capacity upto *•() kg and with number of verifica- tion scale interval (n) in the range of 100 to 1,00,000 for V \aluc of lmg to 50 mg and with number of Minficafon scale interval(n) in the range of 5000 to 100,000 for V value or lOOmg or more and with 'c' value l\10v, 2x1()\ 5\\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-2K66V2001]

P A KRISHNAMOORTHY, Director, Legal Metrology ["HFTII—73T5" 3 ( i i )]

17, 26, 1923 6701

f^r^fl, 3 iq"u, 2001

. 3150.

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^-f% HWIMi 'TTHMH -^-fHIW (T^T) ^ ^ 0 ^ 1 1 00 pHtfliJIH ^ 2 TTTH % ''^"'IJ?If % f^ 500 ^T 10,000 afrr 5 T n q ^ ^ f i T q T ^ " ^ " ^ q ^ f r T T? 500 ^10,000 ^t^5T^f%TT"rrP>i'i*M''^"^TH ixio^r, 2x10%3^5x10%

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. Tpl. 21(66)/2OO1]

fqifll-16702 THE GAZETTE OF INDIA : NOVEMBER 17, 2001 /KARTIKA 26, 1923 [PART II—SEC. 3 (ii)]

New Delhi, the 3rd November, 2001

S. O. 3150.—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 ofl976) 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 "JD-TT" series of Medium accuracy (Accuracy class III) and with brand name "JD-TT" (hereinafter referred to as the model), manufactured by M/s. Jarawala Digitronics, 33, Nainiappa Naickcn Street, Ilnd Floor, Chennai-600 003 and which is assigned the approval mark IND/09/2001/108;

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 5 g. 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 simitar make, design, accuracy and performance of same scries with maximum capacity upto 50 kg. and with number of \cnr ation scale interval (n)m the range of 100 to 10,000 for V value of lOOmgto 2 g and with number of verification ••'.ale lnterval(n) in the range of 500 to 10,000 for 'c' value of 5mg or more and with 'e' value 1 x 10k, 2 x 10\ 5 x 10", k bvng the positive or negative whole number or equal to zero, manufactured by the same manufacturer in accordance with tin: • ;mie principle, design and with the same materials with which, the approved model have been manufactured.

[F. No. WM-21(66)/2001]

P A KRISHNAMOORTHY, Director, Legal Metrology6703 6704 THE GAZETTE OF INDIA : NOVEMBER 17, 2001/KARTIKA 26, 1923 [PARI II—SR . 3 (h)]

New Delhi, the 3rd November, 2001

S. O. 3151.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the Model described in the said report (the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;

Now, therefore, in exercise of the powers conferred by sub-section (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the self-indicating, non-automatic, (Platform type) weighing instrument with digital indication of "JD-PT" series of Medium accuracy (Accuracy class III) and with brand name "JD-PT" (hereinafter referred to as the model), manufactured by M/s. Jarawaia Digitronics, 33, Nainiappa Naicken Street, Ilnd Floor, Chcnnai-600 003 and which is assigned the approval mark IND/09/2001/109; • The said model (figure given) is a 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 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 design, 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 'c' value of 5g or more and ^nh 'e* value 1 x 10. 2 x H)K 5xl0K, 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 materials with which, the approved model have been manufactured.

[F No WM-21(66)/2001|

P. A KR1SHNAMOORTHY, Director, Legal Metrolog>6705 6706 THE GAZETTE OF INDIA ; NOVEMBER 17, 200 I/KARTIKA 26, 1923 [PART II—SEC. 3 (ii)]

New Delhi, the 3rd November, 2001

S. O. 3152.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, 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 "PWS-TT" scries of Medium accuracy (Accuracy class III) and with brand name "PRINCE" (hereinafter referred to as the model), manufactured by M/s. Prince Weighing Systems, 153-A, Podanur Main Road, Podanur, Coimbatore-641 023 and which is assigned the approval mark IND/09/2001/96;

The said model (figure given) is a non-automatic weighing instrument with a maximum capacity of 10 kg and minimum capacity of 40g. The verification scale interval (e) is 2g, It has a tare device with a 100 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 50 kg and with number of verification scale interval (n) in the range of 100 to 10,000 for 'e' value of lOOmg. to 2g and with number of verification scale interval (n) in the range of 500 to 10,000 for 'e' value of 5g or more with V value 1 x 10K, 2 x 10K, JxlOK, 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(101)/2001]

PA. KRISHNAMQORTHY. Director, Legal Metrology6707 3439GI/2001—136708, THE GAZETTE OF INDIA : NOVEMBER 17, 2001/KARTIKA 26, ]<)23 [PART II—Sue. 3 (n)]

New Delhi, the 3rd November, 2001

S. O. 3153.—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 ihc Standards of Weights and Measures Act, 1976 (60 ofl976) 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 ihc model of the self-indicating, non-automatic, (Platform type) weighing instrument with digital indication of "PWS-PT" scries of Medium accuracy (Accuracy class TIT) and with brand name "PRINCE" (hereinafter referred to as the model), manufactured by M/s. Prince Weighing Systems, 153-A, Podanur Main Road, Podanur, Coimbatorc-641 023 and which is assigned the approval mark IND/09/2001/97, The said model (figure given) is a weighing instrument with a maximum capacity of 100 kg and minimum capacity of 400g. The verification scale interval (e) value is 20g It has a tare device with a 100 per cent subtraclivc retained tare effect. The Light Emitting Diode display indicates (he 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 > of the said Act. the Central Government hereby declares that this certificate of approval nf ihc Model -shall also co^cr the weiphmg instrument of similar make and performance of same scries with maximum capacm upto 1 tonne and w nh number of verification scale interval (n) in the range of 500 to 10,000 for V value of 5g or more and with c' \alue 1 - K)\ 2 - 10\ 5 x 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 materials with which, the approved model have been manufactured.

[F No WM-21(1O1)/2OO1]

P A KRISIINAMOORTHY. Director. Leual Mctrologv6709 6710 THE GAZETTE OF INDIA NOVEMBER 17,2001KARTIKA26,1923 [PARI II—SEC 1 (ii)] 6711

6712 THEGAZETTEOF1NDIANOVEMBER17,2(X)1KAKTIKA26,1923

[PABT I I —S IT ? dOl

Ministry ot Petroleum & Natural (jas

NOTIFICATION

New Delhi, the 12th Nov ember, 2001

S.0.3154.— WHEREAS it appears to the Central Government that it is necessary in the public interest for supply of natural gas to the factory of M/s Hindustan Fertilizer Corporation of India Ltd., Namrup unit in the District of Dibrugarh, Assam, pipeline should be laid from Duliajan to Namrup by Assam Gas Company Limited, Duliajan

AND Whereas it appears that for the purpose of laying such pipeline it is necessary to acquire the Right of User in Land described in the schedule annexed hereto.

NOW, therefore in exercise of the powers conferred by Sub-Section (1) of Section 3 of the Petroleum Pipeline (Acquisition of Right of User m Land) Act, 1962 (50 of 1962) the Central Government hereby declares its intention lo acquire the right of user therein.

Any person interested in the said land may within 21 days ibnn the date of this notification send objections & suggestions to the laying of the pipelines under the land to the competent authority, namely the Deputy Commissioner, Dibrugarh District, Assam,

AND every person making such objections and sui-^esii.-ni ni.iv aKo state whether he wishes to be heard in person orbv a legal \n IMIU.UI

[No O-12016/1/2001/ONG/D— IV]

N C ZAK.IUH¹, Under Sec\6713

JGHLUULB

S t a te ~ A3s =),-?, D i s t . - D i b r u g a r h, Mouza - Kheremia/ O ^ - t ^¹-?

6714 THEGAZEnEOFINDIAiNOWMBERn^OOlKAKnKAae,!^ [PART0—SEC. 3 (ii)]

Name of Village Patta No. Daq No.

RemarksArea K 1 Wasteland 12 129 - E L- 0 S I. No. 0 6. j 0

130

Annual

0

2 No.Borkheremia Gaon (1st Part)

5

131

0

0

18

132

0

0

-do- -do-

2

10

L22

ft'asteland

l

1 23

2

8

0

Annual

4

L24

0

0

P. P. Mo. 19 Wasteland

18

95

0

0

4

106

12

0

Annual

17

1 21

1

P. P. No. 84

0

12

4

0

2U9

P. P. No. 51

4

14

2 10

0

P. P. No. 35

3

2 13

0

P. P. No. 110

0

2

11

2 20

0

Annual

14

1

2 21

0

t. P. No, 5 A/asteland

14

216

1

0

13

1

2 17

P. P. Nu. 34

0

14

1

P. P. No. 36

0

?19

4

4

7

T o t al area

2

92

9

0

P. P. No. 165

Nigam Gaon.

0 7.

6

1

y4

0

P. P. No. 16b

13

0

yb

0 '

Annunl

18

0

1C1

0

P. P. No. 85

6

0

0

110

P. P. No. 47

0

9

P. i-.l-io. 165 93

0

1

1

j

Total are.

3439GI/2001—146716 THE GAZETTE OF INDIA: NOVEMBER 17,2001 KARTIKA 26, l'J23 IPART TI—Stc. 3 (ii)] 6717 6718 THE GAZETTE OF INDIA NOVEMBER 17,2001KAKTIKA26,1923 [PAKI II—Svr 3 (n)] 6719 6720 THE GAZETTE OF INDIA: NOVEMBER 17,2001 KAKTIKA26,1923 [PART II—SEC 3 (ii)] 6721 6722 THE GAZETTE OF INDIA NOVEMBER 17,2001KARTIKA26,1923 [PARI II—SFC 1 (n)j 6723 ^ 39 Inlfoooi-/?

3439GI/2001—166712 'lHEGAZFTTEOFINDlA NOVEMBER 17,2001KAKITKA26,1923 [PARI D—SEC. 3 (ii)l

(>'M1

New Delhi, tlic 12lh November, 2001

s.o.3155.— Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural Gas number S.O. 2571 dated the 17th November, 2000, issued under sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition ot 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 that notification for the purpose of laying pipeline for the transport of crude oil from Haldia in the State of West Bengal to Barauni in the State of Bihar, by Indian Oil Corporation Limited;

And whereas, the copies of the said gazette notification were made available to the public on 08th December, 2000;

And Whereas, the Competent Authority in pursuance of sub-section (1) of section 6 of the said Act, has submitted his report to the Central Government;

And Whereas, the Central Government, after considering the said report, is satisfied that the right of user in the land specified in the Schedule appended to this notification should be acquired;

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

And further, in exercise of the powers conferred by sub-section (4) of Sect'jn 6 of the said Act, the Central Government hereby directs that {he right of user it} the S;IK' land shall instead of vesting in thn Contra! Government, vest from the date o5 publication of this declaration, in the Indian Oil Corporation Limited free fron. :J! encumbrances 6 7 34

T H E G A Z E T T E O F I N D I A N O V E M B E R 1 7 , 2 0 0 1 K A K T I K A 2 6 , 1 9 23 •

[ P A RT I I— S h e. 3 ( i i )]

RrhftHiil"

District: Midnapur Police Station: Ghatal

Plot.

State: West Bengal

Area

Jurisdiction

Village

No.

List No.

2

3 1

38

8 Kismat Dirghalgram

10

19 20 50

51

52

53 70

71

74

75

77 78

79

86

87

88

89 90 1075

1081

40

39

Rahatpur

41

42

56

58

59

60

63

64

150

151 Hectares i Ares Centiares 4

5

6 0

0

10 0

30 0

60 0

7 2 1

40

3

10 0

0 2

0

3

0 13

0

0

23 29 40 20

3

41 0

84 0

0

0

0

1

28 95 0

0 4 60 0

0

81

56 0

0

0 7

00

1

60 0

0

5

20

20 0

0

0

0 0 6

60 96 0

90 0

06 0

74

3 3 2

0

0

80 0

1

95 0

6

38 0

0

46 0 0

0 0

4 7 5 4

32 50 65 876735 1 2 5 0 2 0 0 0 1 6 1 0

4 0 0 0 0 0 0 0 0 0

6 20 51 56 20 24 39 61 65 20

3 152 323 325 326 336 351 357 358 359

Shyamchak

20

0 0 0

72 86 46

13 3 0

41 42 43

Gobindapur

19

0 15 0 0 11 1 4 0 2 4 1 0 0 4 0 4

1735 1736 1753 1754 1755 1756 1764 1765 1768 1769 1770 1771 1773 1778 1779 1780

65 22 20 39 90 81 70 38 81 57 14 55 20 92 74 62

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

Kalisa

18

449 450 451 454 455 457 458 459

0 0 0 0 0 0 0 0

8 1 1 3 1 0 3 0

35 67 40 20 26 20 34 466736 THE GAZETTE OF INDIA: NOVEMBER 17.200 1 KARTIKA 26,1923 [PAPT II -S'-v. 3 (ii)] 1 2 3

6 39 75 93 62 67

462 463 464 465 466 496 497 498

499 500 501

4 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0

502 503 505 524 780 781 783 784

785

10 30 20 45 58 27 04 90 20 50 64 60 23 22 46

786

32 23 04

799 809 810 811

814 815 816

23 33 97 79 55 20 74

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

5 1 5 0 1 2 4 0 0 2 0 3 3 3 0 4 5 5 2 3 0 2 . 2 2 1 0 0 2 3 0 0 4 1

65 11 21 80 40

817 818 819 856 857 858 859 860 869

870 871

0 0 0 0 0 0 0

29 60 80 14

1 9 0 0 0 1 36717 _1__ 2 3 873 874 875 880 881 882 883 924 926 927 937 949 950

4 0 0 0 0 0 0 0 0 0 0 0 0 0

5 2 2 0 9 7 0 0 6 0 1 0 0 0

6 44 35 20 48 43 28 26 33 85 88 30 33 70 Irpala

17

60 20 85 80 40 40 45 20 99 60 79 65 11 00

3 4 5 6 20 22 23 24 26 27 28 30 31 32 33 34 35 39 40 44 45 46 47 60 61

8 0 4 7 2 4 ? 3 3 2 1 0 1 2 1 0 0 3 2 2 1 7 0 7 3

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

70 20 20 30 65 06 80 80 20 75 346738 THEGAZE1TEOFINDIA:NOVEMBER17,2001KAKnKA26,1923 [PARTII—SEC. 3 (ii)] 1 2 3 62 70 71 72 103 4022 4023

5 5 1 2 1 0 5 2

6 01 35 60 14 20 85 11

4 0 0 0 0 0 0 0

4

Lakshanpur

1 0 5 1 5 1 5 3 6 6 0 21 0 1 6 3 0 3 1 4 0 4 0 8 2 2 0 5 1 3 1

36 20 76 11 29 30 71 70 96 54' 20 72 20 02 40 41 28 85 04 39 35 04 97 35 60 25 20 85 56 32 78

2 25 29 30 31 32 33 34 35 36 102 103 104 108 392 393 394 396 397 398 399 400 401 402 403 404 635 643 644 645 646

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 06739 4 2 1 3 ._

"" o~

0 0 0 0 0 0 0 0 0 0 0

a

6 24 20 11 32 20 20 90 00 74 04 20 20 20 85

0

5 0 0 1 1 0 0 3 1 9 2 0 0 0 1

647 648 774 775 776 111 793 794 795 796 797 79a 799 2T56

Narayanchak

3

28S 292 294 295 325 331 332 334 335 336 337 338 342 343 345 346 347 348 349

20 28 10 32 06 21 10 97 97 09 67 78 45 01 20 50 40 01 57

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

0 0 9 2 3 1 7 0 2 2 1 2 6 5 0 4 3 3 5

Sultanpur

5

0 0 0 0

0 11 4 4

4578 4580 4583 4584

24 97 30 45 3439GI/20O1—176740 THE GAZETTE OF INDIA: NOVEMBER 17,2001KAKTIKA26,1923 [PART TI—SEC. 3 Q] 1 2 3 4585 4586

4 0 0 0

5 4 8 0

4587

8 08 91 20 Ramchandrapur

2

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

10 97 02 25 20 64 07 57 51 00 70 40 20 70 20 48 83 73 96 96 80 45 40 75 20 45 18 00 20 20 83 06 25

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

7 0 2 1 1 2 1 5 0 4 0 2 0 3 0 3 0 4 6 6 7 4 2 9 0 9 1 4 0 8 4 2 0 1

27 32 33 35 75 104 105 106 107 108 109 110 147 148 149 150 151 153 165 166 167 168 189 190 191 200 201 203 204 205 373 374 375 560 f*t*1 Brindabanchak 2 35 6 51 18 30 68 96 39 40 43 30 10 16 50 57 83 20 50 00

3 86 93 94 95 97 98 103 104 105 111 119 120 121 122 128 370 120/594

5 00 00 01 09 06 00 00 05 00 09 02 08 03 02 00 01 01

4 0 0 0 0 0 0 0 0 0 q 0 0 0 0 0 0 0

Ajodhyakundu

36

0 0 Q Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

03 00 07 08 02 02 02 00 13 00 01 02 04 00 01 02 02 02 08 02 00

70 37 52 63 74 23 37 20 30 56 34 25 69 20 81 69 67 54 96 02 20

44 103 104 105 106 112 113 194 195 197 199 200 201 202 211 215 216 228 230 231 2326742 THE GAZETTE OF INDIA NOVEMBER 17,2001KAKTIKA26,1923 [PART H—Stc 3 (n)] 1 2 8 37 40 24 20 87 52 20 50 98 28 30 10 97 30 21 99 12 42 76 20 93 27 73

5 02 07 00 00 06 11 00 08 00 01 06 40 02 10 00 07 10 09 03 00 02 06 08

3 234 235 236 293 294 295 296 303 304 327 329 335 355 370 373 518 519 520 538 539 540 541 "42

4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Dirghagram

37

07 01 06 01 00 04 00 00 00 00 02 01 05 01 01

11 16 45 88 28 46 64 28 20 20 09 95 01 39 11

1 2 5 . 6 7 8 56 64 69 70 71 80 81 82 83

0 0 0 0 0 0 0 0 0 0 0 0 0 0 06743 1 2 3

84 87 88 89 90 99 101 102 103 105 106 153 154 170 171 313 314 315 316 327 328 329 367 368 369 370 371 372 373 374 376 383 384 3830 3835 3869

3871 3872 3873

4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

5 08 00 01 02 00 00 01 02 00 00 03 02 12 01 06 00 05 03 00 01 04 08 04 00 01 02 00 4 00 00 04 00 00 00 02 00 06 02 05

6 64 20 81 37 97 20 63 09 20 21 51 97 98 81 27 20 00 62 20 45 24 36 18 84 97 55 59 65 58 51 25 20 42 20 00 92 60 32 576744 THEGAZETTEOFINDIA:NOVEMBER17,2001KAKriKA26,1923 [PARTII—SEC. 3 (ii)] 1 2 3 3874 3875 3876 3880 3881 3882 3884 3945 3946 3947 3948 3959 3960 3962 3963 3964 3965 3968 3969 J970 3971 3972

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

5 00 05 01 00 04 01 02 00 01 05 00 0 00 00 01 01 03 8 00 02 05 02

6 20 02 59 20 52 32 28 20 86 98 20 50 20 71 97 80 92 05 17 80 10 45

40

Araji Krishna Bati

1 2 3 4 73 77 78 79 81 89 90 100 101 102 106 107

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

01 01 01 04 00 02 02 03 00 00 00 01 02 03 05 03

67 95 95 71 30 51 88 49 28 20 21 25 37 14 01 206745 1 2 3

6 65 84 46 78 85 65 78 30 69 29 20 56 20 39 97 20 31 23 20 84 38 04 17 20 48 16 14 58 20 09 96 04 28 78 35 55 20 55 76

5 00 00 00 02 00 02 02 00 03 05 00 01 00 01 00 00 00 1 00 00 01 04 00 00 01 02 01 00 00 02 02 04 00 01 00 00 00 00 03

108 . 109 110 111 112 126 127 128 130 131 133 172 174 175 176 264 265 266 271 272 273 274 275 277 278 279 295 296 297 298 299 300 301 349 352 353 421 436 449

4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 06746 THE GAZETTE OF INDIA: NOVEMBER 17,2001KARITKA26,1923 [PART II—SEC. 3 (ii)] 1 2 3 460 467 468 469 474 481 482 79/435

4 0 0 0 0 0 0 0 0

5 01 02 03 02 00 07 03 00

6 39 92 90 69 58 57 62 20 Rathipur

60

545 562 563 565 566 608 615 616 617 618 621 627 628 632 633 634 635 636 637 665 701 721 724 725 726 727 762 763 799

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '0 0 0 0 0 0 0 0 0 0 0

00 03 04 11 00 15 02 04 00 00 14 05 07 05 00 07 02 00 00 10 05 01 02 00 01 00 03 09 01

92 39 11 07 20 14 78 68 62 27 45 01 24 43 29 80 27 20 20 76 62 62 13 20 04 24 20 75 446747 1 2 61 Thakuranichak 3 215 216 221 230 241 242 250 261 262 269 270 280 231 282 295

5 14 05 02 30 07 07 11 14 00 09 06 12 .04 00 20

6 88 20 50 20 52 80 14 44 20 96 68 44 23 26 45

4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Dandipur

62

2494 2810 2811 2814

2856 3113 3114 3119

3126 3127 3128 3134 3136 3138

3140 3144 3145 3146 3152 3156 3158

3159 3165

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

03 03 2 02 06 02 14 05 01 01 03 05 07 00 02 05 04 01 01 16 02 05 01

04 41 46 39 13 57 48 57 62 04 34 24 06 33 01 60 96 28 28 18 20 40 95 3439QI/2001—186748 THEGAZETTEOFINDIA:NOVEMBERl7,2001KAKnKA26,1923 [PARTII—SEC. 3 ;ii)] 2 1 6 10 91 48 96 73 41 19 09 32 78 43 11 23 70 74 27 15 16 15 55 20 20 64 33 59 53 45 20 24 57 63 22

4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

5 8 07 00 06 04 02 01 02 02 02 01 01 00 08 01 00 05 01 02 00 03 00 06 00 04 01 0 00 07 05 01 02

3 3166 3167 3168 3460 3461 3462 3463 3464 3467 3473 3476 3478 3481 3483 3488 3490 3491 349^2 3493 3494 3495 3497 3498 3499 3507 3508 3509 3511 3513 3572 3579 3608

63

Shyamsunddr'pur

0 0 0 0 0 0

01 01 03 03 0 02

16 45 90 90 30 41

2547 2548 2550 2551 2553 2554 67IAO 1 2 3

P1 03 05 01 02 Q2 05 08 06 06 Q6 06 06 1 01 1

4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1/

2555 2557 2558 2568 2569 2570 2571 2572 2573 2575 2579 2580 2581 2582 2775 3108 3109 3111 3112 3117 3121 3124 3148 3149 3151 3426 3451

a 39 79 ' 57 00 79 96 85 91 68 80 13 41 41 25 48 76 18 73 57 30 19 83 49 11 30 15 70

u 0 0 0 0 0 0

4 5 0 18 0 14 01 01 01 00

' [No. R-31015/46/2000-OR-I] S CHANDRA SpttHAR, Under Secy.

New Delhi, the n th November, 2001

S.0.3156.—Whereas it appears to the Central Government that it is necessary in the public interest that for the transportation of crude oil from Crude Oil Terminal (COT) at Mundra Porl in the State of Gujarat to Bhalinda in the State of Punjab, through Mundra - Bhalinda pipeline, a pipeline should be laid by Guru Gobind Singh Refineries Limited (A subsidiary of Hinudstan Petroleum Corporation Limited);

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

Mow, therefore, in exercise of powers conferred by sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of I 'ser 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 / issued under sub-section (1) of section {31 of the said Act, are made available to the general public, object in writing to the laying of the pipeline under the land to Shri A.R. CHAUDHARY, Competent Authority, Mundra - Bhatinda Crude Oil Pipeline, Punjab Refinery Project, Guru Gobind Singh Refineries Limited (A subsidiary of Hindustan Petroleum Corporation Limited)^.P.G. Bottling Plant, Hindustan Petroleum Corporation Limited, Bhagat Ki Kolhi, Jodhpur 342005. 3439GI/2001—196756 THE GAZETTE OF INDIA: NOVEMBER 17,2001 KARTIKA 26,1923 [PA/IT II—SEC. 3 Q]

SCHEDULE

District: Jodhpur

State : Rajasthan Tehsil: Jodhpur Name of Village Survey No.

Part If Any

ROU Area

Biswa

Btga

3

4 1 ROHILA KALAN

00 18

1 0 0 1

2 389 390 393 392 402 403

1 1

03 12 01 00

10 01

405 406 408 409 421 426

,1 0 1 0 1 1

00 02 08 03

1

429 431

6

1 Nala G.L

0 1 0 1

428 432 433 376 368

Gouchar G L

06 02 18 03 01 02 01 04

1; Aspalted Road G L P.W.O

Nala G.L 1

0 2 0 0 0 0 2 0 0

363 371 372 372 374 375 244 375 235 237

04 01 03 03 10 05 01 01 00

0 1 i

ROHILA KHURD

0 1 0 3 0 0

238 239 240 87 93 92 91 94 Cart Track G.L

04 16 01 10 19 01 09 02

Q- /**">

District: Jodhpur

Tehsil: Jodhpur NaiYie of Village Survey No

Part f Any

Swte c Rajasthan ' • R XI Area

| Biswa

Biga 1

4 ROHlLA KHURD

2 96 97

04 15

2

0 1

99 102

06 18

Cart Track G L

01 03

0 0 5 0

103 127 159 161 160

09 07 00 01 05

2 3 • 1 0

155 15Q 152 151 147

1 3

MOKLAWAS

1

2

157 157 157 169

2 1 1 3

01 19 09 14 16 00 08 12

168 181

02 05

1 0 2 1

A 1

0 1 1

08 05 17 01 02

Min

1

2 0 2 1 0 1 1 1

08 15 03 15 02 17 02 10

0 1 0 0

182 183 184 185 189 188 188 227 228 229 230 224 224 302 223 56, 55 53 46 46

Nala G.L.

3

4

1 1

19 11 07 07 18 106758 THE GAZETTE OF INDIA: NOVEMBER 17,2001KARTIKA26,1923 [PART II—SEC. 3 (ii)]

District: Jodhpur

State: Rajasthan

Tehsil: Jodhpur Name of Village Survey No

Part If Any

ROU Area

Biga Biswa

i

3

2

I 1

06 MOKLAWAS 46 5 , Gouchar G L

2 0

18

1

(C*M-) 339 341

2 1

04 05

342

0

04

381

1

2

01

381

1

0

1

380 380

02 02

01

0 2 0 1

19 07 06 19

14

18 10

378 379 392 391 394 398 397 435 399 402 Nala G.L

1 1 0 0 0 0

1o 17

01

404 403 Cart Track G L

0 0 0 2 n

15 08 12 m

VI.

G.L. 1

u

02

425 426 Jakharon ki 265 Dhanl 266 264 264 270 Narwa Khichlyan 263

1

G.L

Cart Track G L

2 0 2 0 1

G.L

09 07 01 06 14 03 01

08

GL G.L

03 09

9 0 2 3 3 1

5 4 6 1 22 58 57 56

42 GL

43

3 4 1

40 95 Road G.L P W D

3 0

10 14 16 01 02 046759

District: Jodhpur State : Rajasthan

ROU Area

Part If Any

Survey No.

Tehsil: Jodhpur Name of Village

Biga Biswa

I

3

1

Narwa Khlchiyan

1 2

16 02 07 16 18

Z 113 100 100 100 101

1 3 0 0 0 3

INDROKA

3 5 3 3

3 3

18 09 01 19 12 02 07

102 210 212 218 219 221 200

0 0

G.L 174 201

02 02

346 366

2 0

173 173 1/1 ; Cart track G,L 1/2 1/3

5 2 1 0

173 173 172 172 171

1 ; Cart Track G.L

4

2 0

02 01 05 03 17 01 18 07 MANAI

Cart Track G.L.

1

01 07

01 08

19 16

1 3 3 3

1

0 1 4 4 1 1 1 5 1 1

17 19 14 11

2 3

4 ; RoadG.L

Road G.L

1

7 6 5 5 4 246 247 248 44 46 46 46 46 46 58 48 48

1 0 0 0 0 1

3 Road G.L P.W.D.

10 15 02 03 09 12 13

48 49

0 6

196760 THEGAZETTEOFINDIA:NOVEMBER17,2()01KARriKA26,1923 [PARTIT— SEC 3(ii)]

District: Jodhpur State : Rajasthan

Survey No

Tehsil: Jodhpur Name of Village

Part If Any

ROU Area Biga | Biswa

i

MANAI

Cart Track G L

Cart Track G L

51 59 50 181 187

4 0 09 0 04 1 13 0 04 1 17

[No. R-31015/20/2001-OR-n] HARISH KUMAR, Under Secy.

3439 GI/2001—206764 THE GAZETTE OF INDIA: NOVEMBER 17,2001 KARTIKA 26,1923 [PART II— SEC. 3 (u;] 6765 6766 THE GAZETTE OF INDIA NOVEMBER 17,2001 KARTIKA 26, W23 [PART II— SEC 3 ( H )] 6767 6768 THEGAZETTEOFINDIA:NOVEMBER17,2001KAKnKA26,1923 [PARTU—SEC. 3 (ii)] 6769 6770 THEGAZETTEOFINDIA:NOVEMBER17,2001KARTIKA26,1923 [PARTII—SEC. 3 (ii)] 6771 6772 THE GAZETTE OF INDIA NOVEMBER 17,2001 KARTIKA 26,192T [PART 11—SEC 3 (u)] 6773 6774 T 'GAZETTEOFINDIA.NOVEMBER17,200IKAKnKA26,1923

|PA*rII—SEC. 3 (ii)].

bill6778 THE GAZETTE OF INDIA NOVEMBER 17,2001 KARTIKA 26,1923 [PART IT—SFC T (n)]

GIT)

New Delhi, the 15th November, 2001

S.O.3157.—Whereas, it appeals to the Central Go\ernment that it i^. necessary in the public interest that tor the transportation of crude oil from Vnamgam in the State of Gujarat to Panipat in the State of Haryana wa Chak.su in the State of Rajasthan, a pipeline should be laid b> the Indian Oil Corporation Limited for implementing the "Augmentation of Viramgam-Chaksu, Chaksu- Panipat and Chaksu-Mathura sections of Salaya-Mathura pipeline System",

And. whercjb. it appears to the Cential Go\ eminent that for the puipose of laying such pipeline, it is necessary to acquire the right of user in the land under winch the said pipeline^ are pioposed to be laid and which is described in the Schedule annexed to this notification.

Now. thciefore. in cxeicise of the poweis conferred by sub-section (1) of section 3 of the Petiolcum and Minerals Pipelines (Acquisition of Right of User in Land) Act. 1062 (50 of 1962). the Central Go\emment heieby declaie-b its intention to acquire the right of user theiein.

Any peibon. inteiested in the land desenbcd in the said Schedule may, within twenty-one days fioin the date on winch the copies of this notification, as published in the Gazette of India, are made a\ ailable to the geneial public, object in wilting to the acquisition of the right of user therein oi laying of the pipeline undei the land to Shri Suml Sharma. Competent Authority. Salaya-Mathura Pipeline (Augmentation) Project. Indian Oil Corporation "Minted. 33, Muktanand \agai. Near Gopalpma Bye Pass. Jaipur (f6781

SCHEDULE

Tehsil: Amer

District:

Jaipur

State : Rajasthan

' Name of Village

Khasra No.

| 1

2

Hectare 3

8701

0 Area

Sq. mtr. 5 Are 4

Amer

0

8703 8719

0

8718

0 0

8717 8707

0

8708

0

8716

0

8711

0

8713

0

8712

0

8730

0

8732

0 0

8733 8750

0

8749

0

8755

0

8746

0

8756

0

8689

0

8688

0 0

8687 8769

0

8775

0 0

8772 8773

0

8778

0

8668

0

8780

8781

0 0

8782

0 0

8783 8784

0

8785

8786

0 0

8630

0 04 84 01 60 03 52 02 09 03 55 00 84 00 62 03 66 02 86 00 20 02 53 05 78 07 46 00 56 00 20 07 36 01 87 02 64 01 56 02 64 02 81 03 08 04 46 02 20 02 75 05 50 01 87 01 43 11 82 06 84 04 14 04 05 04 41 09 46 01 07 07 296782 GAZETTE OF INDIA: NOVEMBER 17,2001 KARTIKA 26,1923 [PAR i II—SEC 3 (ii)] 2 8631 8629 8616/8988 8616 8615 8580 8611 8612 8610 8609 8608 8601 8602 8592 8319 8318 8257 8255 8254/9149 8250 8249 8173 8199 8208 8206 8205 8209 8204 6675 6674 6673 6677 6678 7729 7724 7731/9184 7721 7722 7720 7719 7715 7712 7713 7714 7707 7706

3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

4 00 11 01 13 04 03 15 00 05 00 05 05 11 08 13 00 30 09 08 11 09 03 07 01 11 03 00 03 00 09 00 00 11 23 00 03 06 00 09 00 00 00 06 08 00 07

5 30 45 94 62 49 27 71 20 36 90 40 74 07 55 56 71 51 81 64 88 09 78 61 08 09 32 20 78 31 48 94 59 44 40 20 15 45 20 45 27 20 58 40 45 43 02 &m 1 1

I 2 | 7693 7694 7692 7690 7671 7669 7670 7664 7665 7666 7456 7457 7458 7630 7632 7841/9260 7841/9260/9318 2961 2962 2964 2716 2719 2727 2728 2725

4 13 00 07 03 01 00 01 01 01 01 04 02 04 01 08 31 06 01 05 01 09 02 14 01 01

3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

5 68 20 96 16 39 88 62 13 50 82 68 70 24 03 86 74 33 71 56 38 24 20 36 02 21 Nangal Susawtan

1303 1216/1393 1216 1213/1390 1213 1208/1387 1208 1206 1206/1384 1204 1203 854 863 805 791 803 801 800 799 760

09 03 04 02 04 02 06 08 00 06 02 14 06 05 01 03 03 02 02 00

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

41 08 41 92 41 59 16 20 77 93 97 13 03 58 65 08 52 86 75 4967SW THE GAZETTE OF INDIA NOVEMBER 17,2001 KAKTTKA26 1923 [PAR: II—SFC 3 (H)] 1 I 4 04 01 01 09 02 04 06 00

54 68 00 65 97 86 78 20

2 759 758 746 744 745 743 742 740

Kukas

1734

1701

1700

1702

1609

1697

1693

1692

1691

1690

1689

1526

1524

1524/2275

1391/2401

1414

1415

1416

1417

1417/2383

1412

1411

1418

1230

1419

1229

1228

1227

1226

1225

1223

1222

1104

1105

1106

1108

1107

3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

03 00 03 00 04 02 03 02 01 01 07 00 24 00 00 03 07 03 02 00 00 04 04 02 01 08 06 05 00 00 06 06 06 04 01 01 05

47 55 91 49 70 09 41 64 76 78 02 20 20 77 77 93 17 08 77 20 76 38 56 70 33 68 14 25 84 77 26 99 00 61 97 65 376785 [ " • " 1"

L ⁴ I

00 00 02 06 02 02 04 00 00 07 00 03 04 01 00 01 03 03 04 04 00

i ; 3- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

"1 2 1109 1093 1092 1091 1090 1089 876 869 868 867 865 866/2342 663 662 655 656 654 664 649 644 643

Khorameena

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

00 05 06 02 00 04 02 03 00 01 04 00 03 05 02 11 00 09 00 02 01 01 03 02

5 40 20 37 16 72 64 46 22 20 87 38 30 95 11 56 00 04 48 46 04 20 60 02 93 67 20. 87 82 06 34 90 31 20 33 85 28 85 20 70 20 20 76 32 30 92

1917 1918 1914 1913 1912 1725 1519 1518 1520 1515 1522 1523 1535 1534 1483 1488 1487 1486 1480 1455 1458 1451 1461 14646786 THEGAZETTEOFINDIA.NOVEMBER17,2001KAKriKA26,1923 [PARTII—SEC 3 (ii)J 1 2

1465

1467

1416

1415

1414

1412

1411

1336

1337

1335

1342

1343

1362

1361

1360

1359

1213

1215

1218

1219

1173

1174

1170

1169

1167

1166

1165

1164

1163

1141

1142

1148

422

416

417

418

419

384 Min

293

294

298

383

299

300

311

380

3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

4 00 00 02 03 05 03 00 03 03 00 01 06 01 03 02 02 02 02 03 02 00 01 02 02 03 02 04 02 02 03 02 02 02 03 08 04 04 05 00 02 05 00 08 04 10 00

5~- • 20 20 86 58 66 35 46 23 09 66 29 99 31 29 27 29 79 85 46 13 32 40 15 87 63 41 66 49 60 93 51 02 01 71 83 50 68 73 20 09 24 26 54 80 46 206787 4 •— ' •x \ 2 I 5 83 21 57 75 20 14 23 59 77 23 07 25 00 34 66 09 26 00 69 20 27 33 51 48 19

05 01 06 14 00 03 04 04 04 04 01 00 10 04 05 04 03 06 14 00 10 04 03 00 09

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

375 312 374 343 341 342 340 336 335 330 329 40/2186 41 44 43 46 47 31 28 55 25 21 22 16 23

Dhandh

02 02 04 02 06 05 05 00 00 08 02 04 06 05 05 07 04 00 00 00

287/1403 267 266 260 262 263 264 288 291 289 285 313 314 328 327 550 552 539 538 553

41 46 31 21 31 36 36 20 28 93 07 52 12 49 61 91 56 26 20 50

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

3439GI/2001-—236788 THE GAZETTE OF INDIA NOVEMBER 17,2001 KAFTIKA26,1923 [PAR i II—SEC 3 (n)] ~ 5

d ¹

4 04 02 04 03 07 02 01 02 00 02 00 00 02 00 02 02 02 01 00 00 00 00 01 03 02 02 00 02 01

13 86 10 36 41 40 90 68 90 80 91 99 30 20 05 20 30 92 20 20 93 20 66 79 22 16 20 61 58

2 554 555 535 534 448 501 502 490 489 488 402 403 467 405 404 457 456 414 455 416 415 418 417 421 422 423 433 424 425

3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Labana

00 07 01 07 00 00 02 02 01 00 04 02 00 03 00 04

1881 1878 1870 1879 1880 1868 1867 1865 1864 1856 1855 1854 1853 1845 1844 1842

55 71 11 38 46 45 64 46 39 20 15 49 81 37 47 37

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

. _ 67X9

J . 4 ____

1. -i - ¹ L ² J1841

1836 1835 1812 1811 1810 1809 1788 1789 1790 1759 1760 1763 1745 1746 1723 1722 1720 1721 1709 1705 1708 1707 1686 1685 1672 1687 1667 1666 1647 1648 1649 1651 1650 1606 1605 1604 1603 1609 1602 1601 1600 1599 1553 1559 1552

3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

04 05 05 04 04 04 05 03 03 05 06 02 03 04 06 03 07 00 01 02 01 04 04 03 03 06 00 03 03 02 04 06 01 00 00 05 04 03 00 02 03 00 04 02 01 04

42 39 Z-2 90 72 27 38 03 08 43 94 54 74 63 61 30 49 20 08 63 47 17 70 12 11 24 37 76 89 35 85 23 21 44 86 13 95 86 39 14 05 45 34 95 97 40 6 7 ' X)

*• G A Z E T TE OF I N D IA N O V E M B ER 1 7 . 2 0 01 K A R T I KA 2 6 , 1 9 23

[ P A R T I I — S EC 3 ( u )] "I

2 1551/2297 1551 1550 1549 1546 1529 1528 1525 1476 1479 1474 1473 1484 1485 1327 1326 1325 1323 1301 1302 1303 1308 1306

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

4 03 03 04 06 00 02 01 00 13 06 00 01 04 02 06 02 02 01 10 00 03 02 04

5 82 58 46 87 20 20 76 72 88 25 38 80 40 86 82 55 64 90 45 22 75 79 77 Dhingpur

100 98 97 96 95 94 93 92 30 31 32 33 34 36 9/370 18 16

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

05 00 03 03 01 00 01 09 11 07 05 05 04 01 06 08 06

06 55 10 52 32 88 42 56 16 20 22 49 05 15 93 10 66 Ani

182 188 187 189 190

0 0 0 0 0

05 02 01 00 00

94 83 53 81 536791

"„__ A "I 1

2 J

09 07 03 03 02 01 01 01 03 02 02 05 03 00 03 06 05 00 01 05 02 01 00 03 01 00 02 01 00 01 05 03 03

5 39 10 69 59 41 10 51 00 84 45 75 89 48 33 36 34 76 54 12 08 12 14 56 96 00 38 84 63 39 74 88 74 76

191 195 213 211 208 207 205 206 203 202 123 122 360 362 364 365 373 374 376 377 392 396 395 480 481/1537 482/1538 481 482 483 484 485 486 487

3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Achrol

4814 4815 4813 4812 4811 4810 4793 4796 4797 4800 4736 4735

03 00 03 00 05 01 03 01 02 03 03 04

59 84 08 20 37 71 71 84 15 36 19 84

0 0 0 0 0 0 0 0 0 0 0 06792 THE GAZETTE OF INDIA NOVEMBER 17,2001 KAKTTKA26,1923 [PART II—Stc 3 (n)J 1 1 I 2

4721 4722 4719 4718 4717 4716 4702 4703 4704 4693 4692 4562 4561 4560 4558 4551 4550 4547 4478 4468 4469 4423 4421 4420 4415 4401 4400 4399/7410 4399 4395/7655 4373 4374 4370 4129 4128 3704/7699 3643 3635 3634 3633 3629 3632 3631 3630 3625 3626

3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

4 06 00 02 01 02 02 02 02 01 00 02 03 03 03 01 02 02 04 05 02 03 04 00 00 00 05 00 01 03 00 04 03 04 05 13 01 03 01 06 00 02 00 01 04 06 04

5 33 41 20 98 31 09 86 42 76 20 66 41 52 54 55 29 20 51 39 46 43 64 20 52 88 04 20 76 19 72 06 25 02 46 09 10 08 65 60 94 60 35 11 25 38 846793 1 3 0 0 0 0 0 0 0 0 0 0 0

o'

2 3626/7346 3582 3581 3583 3584 3600 3589 3592 3593 3598 3567 3566 3487 3488 3485 3444/6736 3443 2813/7233 2829 2828 2828/7236 2823/7235 2822 2824 2819 2821 2820 2839 2838 2840 2845 2845/7243 2846 2847 2850 2606 2616 2617 2618 2619 2615

I 5 63 76 24 98 21 47 34 27 45 20 48 76 05 82 48 00 51 32 21 06 20 00 58 91 53 16 51 57 26 20 09 20 75 21 19 27 35 91 40 39 05

I 4 03 01 00 14 01 00 09 06 10 00 07 07 12 06 08 22 04 01 01 06 01 03 00 01 03 01 03 00 00 01 02 00 02 01 03 06 03 00 04 01 06

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

Syari

582/841 582/840 582/839 580/838

02 01 02 04

24 97 78 19

0 0 0 06794 THE GAZETTE OF INDIA NOVEMBER 17,2001 KARTIKA 26,1923 [PART II— Sbc 3 (u)J 1 2 581 580 577 579 578 572 574 559 558 557 556 555 554 552 551 504 505 502 508 510 509 512 511 515 384 385 383 382 391 392 394 395 237 238 159 154 153 140 138 137 134

4 03 03 00 01 04 02 06 01 03 00 01 02 04 04 02 02 01 01 02 05 01 00 01 05 03 00 08 12 00 14 12 00 04 04 00 08 07 03 04 02 02

5 22 95 24 10 84 08 32 37 92 24 62 18 34 00 92 88 56 60 73 56 97 20 26 90 00 20 91 52 37 83 05 47 18 94 72 24 63 85 73 89 10 Rampura/Baniyawala

01 35

400 399

Kalwad

02 03

807 808

07 00 42 52

3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 679?

¹ 1

2 I

_____ 5 J

r ⁴ J

809 810 811 812 813 814 815 816 836 832 831 830 829 828/1221 828 827 822/1099

3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

01 05 03 04 04 00 04 03 08 00 04 05 05 02 04 00 19

32 72 96 84 40 36 51 96 80 20 40 06 06 20 62 89 25 Chak Jalsinghnagar

12 52 11 56 58 62 70 68/106 67 66 68 73 74/101 74

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

09 00 01 10 07 00 14 00 06 01 04 05 00 17

44 33 14 01 59 55 96 20 61 07 72 67 47 35 Jugalpura

535 534 542 545 529 530 519 520 377 375 376 380 381 383

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

08 30 08 05 03 07 02 20 01 01 04 05 01 04

97 08 92 26 96 81 63 00 80 83 57 72 82 73 3439GI/2001— 246796 THE GAZETTE OF INDIA: NOVEMBER 17,2001 KARTIKA26,1923 [PARI II—SF.C\ 3 (ii)] 1 2

204 203 177 176 175 174 173 172 179 180 171 170 169 168 165 166 154 144 145 136 135 131/697 130 118 117 120 124 123 67 66 60 54 53 28 30 49 31 23 22 16 18 17 19/663 4/4 9/2 9/1

3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

4 00 05 01 01 01 02 02 03 00 02 00 02 02 02 02 00 03 03 03 04 00 03 02 02 02 01 01 03 03 03 03 02 00 00 02 00 00 00 03 06 00 03 03 00 05 07

5 82 50 76 76 76 20 15 23 20 63 96 48 64 31 52 20 74 08 33 18 22 13 64 07 07 10 32 22 03 11 52 71 26 47 76 20 96 26 05 44 96 92 52 66 39 766797 1 I

5 20 25 18 51 20 69 59 20

4 00 00 04 03 00 00 09 02

3 0 0 0 0 0 0 0 0

2 6 7 8 3/2 3/1 4/2 4/1 2

Jaisinghnagar

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

177 176 185 164 163 127 121 129 119 118 117 120 116 100 99 98 93 67 66 65 58 59 57/339 56 38 39 13 9 8 7/349

10 15 05 05 01 00 02 12 00 03 02 00 05 00 01 00 04 03 04 01 00 02 03 02 03 00 05 04 07 00

25 54 75 31 24 87 09 41 67 41 86 50 31 47 99 93 52 03 75 82 20 54 72 15 73 82 61 07 26 83 Chandwajl

35 33 33/158 32

0 0 0 0

08 01 04 04

36 16 66 90 Chltanu Kalan

1/31 1730 1728

0 0 0

38 84 18

07 06 076798 THEGAZETrEOFINDIA:NOVEMBER17,2001KAKnKA26,1923 [PARTII—SEC 3 (ii)] 2 7 I 4 1 1 1 I 1727 3 0 12 5 76 37 Sundarpura 12 01 01 15 08 08 00

40 31 70 04 30 27

736 737 735 734 733 729 728

0 0 0 0 0 0 0

Salarwas

476 479 479/584 468 467 456 454 453/619 453 451 437 436 435 434 418 419 407 204 206 205 196 195 189 183 182 174 173 172/548 322 321 213 212 211 124 122 123 113

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

06 06 00 05 05 07 01 03 03 07 04 05 04 04 04 04 04 00 00 03 03 03 04 05 03 04 11 01 00 03 00 06 04 03 06 00 06

24 88 88 47 87 35 86 47 30 58 71 10 77 58 79 79 55 20 24 80 34 52 02 32 05 83 86 99 20 08 20 79 12 60 12 34 426799 1 2 111 110 110/568 108 109 96 94 95

3 0 0 0 0 0 0 0 0

5 68 60 84 48 40 11 39 51

I 4 04 00 01 05 04 11 08 08

Lakher

986 987 982 981 973 974 963 964 952 953 914 911 910 907 904 903 901 900 899 872 876 875 874 869 865 867 855 849 848 834 847 833 832 818 820 823 822

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

14 00 03 06 07 09 00 05 15 00 05 05 04 05 02 02 02 01 03 01 00 17 01 09 00 11 08 04 00 05 02 06 04 06 00 22 00

34 66 73 22 95 59 99 23 38 20 71 89 43 04 50 43 70 80 80 32 42 11 19 84 53 13 82 40 27 83 05 93 15 60 32 75 646800 THE GAZETTE OF INDIA NOVEMBER 17,2001KARTIKA26,1923 [PART II—SEC 3 (n)] 1 2

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

4 14 00 05 08 00 05 57 00 01 03 01 12 23 05 00 00 05 00

5 61 44 34 65 68 68 64 35 33 82 76 37 30 02 21 88 63 22

408 395/1338 394 393 398 396 322 320 315 318 318/1298 317/1311/1334 317/1311 304/1337 304 317/1311/1345 303 300

[No R-25011/43/2001 - OR-I] S CHANDRA SEKHAR, Under Secy6801 6802 THE GAZETTE OF INDIA NOVEMBER 17,2001KAKTIKA26,1923 [PART II—SFC 3 (n)J 6801 3439 01/2001^256804 THE GAZETTE OF INDIA NOVEMBER 17,2001KAKTIKA26,1923 [PART II—SEC 3 (li)]

New Delhi, the 15th November, 2001

S.0.3158.— Whereas, it appears to the Central Government that it i- neccssan in the public interest that for the transportation of crude oil from Vnamgam in the State of Gujaiat to Panip-.it in the State of Haryana via Chaksu m the State of Lojasthan. a pipeline should be laid by the Indian Oil Corporation Limited foi implementing the "Augmentation of Viramgam-Chaksu, Chaksu- Pampat and Chaksu-Mathura sections of Salaya-Mathura pipeline System";

And. wheicas it appears to the Central Go\ eminent that for the puipose of )u\ina such pipeline, it is necessary to acquire the nght of user in the land under which the said pipelines are pioposed to be laid and which is described in the Schedule annexed to this notification;

Now. thcrefoie, in e\eicise of the poweis conferred by sub-section (1) ot 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;

Am pe> son interested in the land described in the said Schedule ma>, within mJntv-one days fiom the date on which the copies of this notification, as published in the Gazette of India, are made axailable to the general public, object in writinc to the acquisition of the right of user therein or laying of the pipeline undo, the land to Shri Suml Sharraa, Competent Authority. Sala>a-Mathura Pipeline .Augmentation) Pioject, Indian Oil Corporation Limited, 33, Mukian.md \a~gdi. V ai Copalpuia Bye Pass. Jaipui (Rajasthan).

SCHEDULE

Tehsil: Jaipur

District

: Jaipur

State : Rajasthan

Area

Name of Village

Khfl^ra bin

rviicoici IYU.

1

2

Sq. mtr. 5

Hectare 3

Are 4

Jamdoli

505/1 448 165 166 150 151 152 163 154 156 157 155 140 141 138 139 131/1 131/2 127

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

62 92 34 32 75 95 03 77 01 27 18 34 13 18 00 56 14 76 04 86 00 20 13 86 15 46 00 53 00 57 16 66 31 52 18 52 20 34

Ballupura

86 84 22 23 27 26 29 57 56 55 53 52 42 45 44

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

28 44 18 18 18 18 01 48 12 60 00 23 16 70 00 20 02 16 04 68 11 88 00 20 10 26 02 88 01 08

Jaislnghpura khor

505/2310 2207 2202/2 2201 2171 2174 2177 2176 2164

0 0 0 0 0 0 0 0 0

05 04 10 80 22 68 05 04 06 48 04 32 02 88 02 52 07 83

- _ - - - * - • *- .

¹ I 2

3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 : 0 0 0 0

2162 2161 2159 2158 2157/2588 2157 2134 528 2122 2121 2113 2112/2582 2112 2091 2092/2 2093 2071 2070 2064 2065 2063 2038 2039 2049 2048/2577 2048 2048/2578 2044 2043 1478 1477 1474 1465/2413 1465/2412 1459/2392 1459/2391 1449/2391 1462 1511 1510 1509 1506 1519 1520 1542

4 06 01 06 00 06 16 09 12 07 05 06 03 03 10 03 04 03 10 01 01 02 02 01 05 04 03 00 06 03 37 06 01 06 06 05 05 05 13 00 05 05 06 02 23 00

5 60 21 93 50 05 82 24 18 70 28 60 08 58 56 58 07 08 60 82 40 31 26 04 00 95 76 42 05 30 07 29 60 16 71 39 72 72 86 55 50 39 93 61 58 51

[No. R-25011/44/2001- OR-I]

S CHANDRA SEKHAR, Under Secy.

MINISTRY OF LABOUR

New Delhi, the 16th October, 2001

S.O. 3159.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government In- dustrial Trlbunal-cum-Labour Court, Mumbai as shown in the Anncxure, in the Industrial dispute between the employers in relation to the management of Mormugao Port Trust and their workmen, which was received by ihe Central Gov- ernment on the 16-10-2001.

fNo. L-36O11|3|2OO1|IR(M)] B. M. DAVID, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. II, MUMBAI

(Camp : Goa)

PRESENT :

S. N. Saundankar, Piesiding Officer.

REFERENCE NO. CGIT-2|87 of 2001 Employers in relation to the Management of Mormugao Port Trvit

The Chairman, Mormugao Port Trust, Mormugao Harbour, Goa-403803, The Traffic Manager, Mormugao Port Trust, Mormugao Harbour, Goa-403803.

AND

THEIR WORKMEN

Mormugao Port Trust and Railway Workers Union, The General Secretary, Zaiboon Apartment, Near Cine E-l Monte, Vascodagama, Goa.

APPEARANCES :

For the Employer : Mr. M.B. Anchan, Advocate, For the Workmen : Mr. A. J. Peters, Representative.

Goa, dated 20th September, 2001

AWARD

The Government of India, Ministry of I abour, by its Order No L-36011|3|2001|IR(M), dated 18-6-2001, have referred the following Industrial Dispute to this Tribunal for adjudi- cation in exeicise of rowers conferred by clause (d) of sub- section (1) and Sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947.

"Whether the Notice of Change dated 10| 15-1-2001 under Section 9A of th? Industrial Disnutes Act, 1947 issued by the Traffic Manager, MormuRao Port Trust, Goa is legal pjid valid and the action of the management in Implementing the same before

T>807 the expiiy of 21 days from the date of issue of Cor- rigendum dated 16|17-l-2001 is legal and justified? If not, to what relief the workmen are entitled?" 2. Pursuant to the notice of this Tribunal on behalf of the Union, it'" President, Mr. A. J. Peters appeared and on br-hilf of the Management M.P.T. Advocate, Mr. Anchan, filed his Vakfl'atnpma. General Secretary Mr. Rodrigues vide application (Exhibit-7) srnt^ by post contended that the mnnipement assured not to implement the chances in work tirainp, and therefore the reference be disposed off to which v'de anv (Exhibit-11) management also responded, S'nce the union docs not wish to prosecute Ihe reference the following •order is passed :

ORDER

Reference stands disposed of for non-prosecution vide (Exhibit-7).

S. N. SAUNDANKAR, Presiding Officer Telephone Nos. : 511781 (O), 618758 (R), O9R23041711(M) MORMUC.AO PORT AND RAILWAY WORKERS' UNION

(Affiliated to All India Port and Dock Workers Federation and HMS)

S. R. Kuikarni, (President).

SC.C Anthony Pfllai, (Gen. Secretary),

[^Registered under the Indian Trade Unions Act, 1926, Registnr No. 21]

Office Addresss :

Zaiboon Apartment, Near Cine E-l Monte, Vasco da-Gama, Goa-403802.

Date : 7-8-2001.

Ref, No. : MPftWU|PO|1130|2001.

To,

Presiding Officer,

Cent. Govt. Industrial Tribunal-cum-Labour Court, 2nd floor, Shram Raksha, Bhawan, Shivshrushti Road, Opp. Priyadrashini, Sion-Mumbai-400022.

Sub : i.D between the Management of MPT, Goc and MPRWU over the notice of change in service condition under Sec ")A of the ID Act, 1947 bearing No TMI339|2001|784 dated 15-1-2001 issued by ths TMIMPT.

Mav it please your Honour

The Labour Ministry vide its order No. L-36011|3|2OM| IT? fM) dated 18-rt-2OO1 hps referred the sutiiect diinute for adjudication, Subsequently, Secretary|CGIT No. 2 vide their Notice No. CGIT-2|87|200T|849]2001 dated 9-7-2001 has fixed the hearing in the matter on 10-8-2001 at 10.00 A.M. in the Court room of CGIT No. 2, Mumbai.

Since the management of Mormnugao Port Trust have It implemented the proposed revised timings as notified in the subject notice, subsequent to the matter ending in failure before Ihe ALC|Vasco. This Union have taken up the issue ™ l t l tT r a f f lc Mnnager]MPT and it is informed bv the LMIMPT that the pioposed timings will not be implemented as the present timings are found to be more convenient and suitable for both the parties i.e. to the concerned workers as well as to the management.

In view of the assurance by the TM|MPT due to non-Imp- lementation of the proposed changes in work timings the matter may be disposed of accordingly.

Leonardo Rodringues

3439 OI/2001—266808 THE GAZETTE OF INDIA : NOVEMBER 17, 2001/KARTIKA 26, 1923 [PART II—SBC. 3(Ji)] 2> This case of the concerned, workman as per W.S. in brief

is as follows :—

New Delhi, the 17th October, 2001

S.O. 3160.—In pursuance of Section 17 of the Industrial

Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government In- dustrial Tribunal, 2, Dhanbad as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of CCL and their workman, which was received by the Central Government on 16-10-2001.

fNo. L-20012|273|92-IR(C-I)l

S. S. GUPTA, Under Secy.

ANNEXURE

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

PRESENT:

Shri Biswas, Presiding Officer.

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

REFERENCE NO. 202 OF 1993

PARTIES :

Employers in relation to the management of Piparwar

Project of M|s. CCL and their workman.

APPEARANCES :

On behalf of the workman : Shri D. Mukherjee, Advo-

cate.

On behalf of the employers : Shri D. K. Verma, Ad-

vocate.

STATE : Jharkhand INDUSTRY : Coal.

Dated, Dhanbad, the 25th September, 2001

AWARD

The Govt, of India, Ministv of Labour, in exercise of the powers conferred on them und'r Section 10(1) (d) of the I.O. Act. 1947 hrs referred the following dispute to this Tribunal for adjudication vide their Order No. L-20012(273)|92-I.R. fCoal-I) dated, the 23rd September, 1993.

SCHEDULE

The concerned workman in his W.S. submitted that he was appointed on 1-4-72 in Ray Colliery as Clerk Gr. II.. He sub- mitted that in the year 1973 the said colliery was nationalised. He further submitted that he was an active member of the union viz. R.C.M.S. union and became its Vice-President. In the year 1977 the management issued a circular inviting applications from the eligible departmental candidates for interview for the post of Upper Divsion Clerk. He sub- mitted that he being a Senior Clerk in Grade-II and in normal course he was entitled for promotion to the post of U.D.C. but as the management was acting under political influence and it was bsing planned that one Shri S. K. Jain who was Secretary of the Janta Party led union and who was also working as Grade-II Clerk in Dakra Colliery, junior to him should be promoted to the post of U.D.C. issued a circular with a view to give him promotion. Further he sub- mitted that being a Senior Clerk in Grade-II he submitted his application and on the basis of that application he was in- terviewed on 12-5-77 along with Shri S. K. Jain and another staff. He alleged that though his service record was all along satisfac'ory and he was fully eligible to get his promotion to the post of U.D.C. he was deprived of getting such promotion arid in his place his junior Shri S. K. Jain was promoted to the post of U.D.C. Grade-I with effect from 23-2-1978. Accordingly he submitted his representation expressing his resentment in the decision taken by the management for giving promotion to Shri S. K. Jain ignoring his claim for promotion and the management with a malafide intention issued a chargesheet against him dated 23-3-1978 bringing some false and baseless charges and on the basis of that chargesheet he was placed under suspension. He alleged that the management did all such misdeeds not only with a view to harass him but also to victimise him. He submitted that he made his reply to the chargesheet on 3-4-1978 wherein he categorically denied all the charges brought against him. But the management be^ng dissatisfied with his reply initiated an enquiry and appointed Mr. M,M. , Shall, Additional Col- liery Manager, Manki as Enquiry Officer to enquire and report in the matter of chargesheet. He submitted that full fledged enquiry was conducted and after completion of enquiry the said Enquiry Officer submitted his report clearly holding that no charge was proved against the workman. He alleged that the management was so biased that they without accepting the said report of the Enquiry Officer found him guilty of the charges and passed the order of punishment to the effect that he was reverted to the post of piece rated workman Grade-IV vide order dated 14-11-1979. He submitted that above order of punishment dated 14-11-1979 was quite illegal and in violation of the provision of the Certified Standing Order and as such an appeal was preferred to the appellate authority for consideration but as the appellate authority intended to drag on the matter in issue he submit- ted a Writ Petition before the Hon'ble High Court and there- after as per direction of the Hon'ble High Court the appel- late authority put himself in action and took up hearing. He submitted that at the time of hearing the appellate authority i.e. G M. CN.K.) Area Dakra peisuaded him to tender apology and assured h>'m that all the charges would be withdrawn and the order of punishment would be set aside if he tendered his unqualified apology. He further submitted that he was in starving position and he reiving on the allurament made bv the appointing authority submit'ed h's letter of apology but inspite of filing so the manaeement detracted from the assu- rance which thev gave. However, instead of withdrawing the ord°r of punishment the management modified the order of punishment and reverted him "o Grnde-ITI Clerk instead o* niece rated workman. He aiieeed that the order of the GM dated 20-3-1980 was bad. inuisified and illegal and he was deceived bv the G M. for the reasons best known to him. He alleged that the charges brought aeainst h;m were false, concocfed and that was exrosrd in course of eT>aujry as he was found not pin'Itv and fhe management fai'ed to prove the charges. He further subm'tW that fhe dsc"r"linary au- thority h?>d no funsd'ction to differ from the findings of the Enoir'rv Officer and to fi"d h'm eniitv of the charge's. He .submitted that the diecipHnarv authority and the aop^Iiite atlihor'tv were biased ai>air)st h'm and wronMv acted against the interest of the workman. He further submitted that the ordpr of rpvertine h'm to Grade-TTT from Gr"rte-TI wis "ff""ctfd with, thp v>U rpasnn frmf bv tfmt he won'd nnt be j"hU \-, rat-ce ;,nv d"r(Mtp over sntiTcpesfcm as he was surier- seded bv Shri S. K Jain from 23-2^1978 .He submitted fur- ther that his reversidn from Grade-Ill to Grade-JJ was wroag "Whether the ac'ion of the management of M|s. Central Coalfields Ltd.. Piparwar Project is justified in reverting fo Clerk Grade-Ill from Clerk Grad;-II to Shri B D. Jha (workman) from 20-3-80? If not, to what relief the werkman is entitled Jtijd from wfiat date?"6809 4. The points for consideration in this reference are :—

"Whether the action ot the management of M|s. CCL JUIU. npeiwar tvoject is jubuin-d in levelling to CieiK sjiciie m ii^ai vieiK uraue 11 to ami iS.D. jna iwoiKinan) tiom zv-i-ooi li not, to wnat teiiei tne wontnian is entitled ana twin what date V" and unjustified. Accordingly an industrial dispute was raised before the Conciliation Officer which resulted reference to this Tribunal. The concerned workman has prayed for passing necei"

DECISION WITH REASONS The management on the contrary after filing W.S.-cum- rejoaiuei Has itemed ail me ciaims ana allegation winch me concerned woiKinaniunion asserted in tne Vv.s. lhe manaet;- meni auegeu mat a$ ceriain acs ot nusconauci lepouca to have uccu commuted oy ihe concerned workman came to their nonce in tne year 1V/S ne Was issued wun a cnargesneet dated ^j-j-iy/S oy trie Uy. Chiet Mining tvngmeeri Agent 01 Kay colliery wno was competent to issue tne same. Against tnat caaigesiieet xne concerned workman submitted his expla- nation, AS ihe said explanation was not round saustactroy by the t)y. CivLti.|Ageni ot Kay Colliery he considered that a aeduea enquiry m.o cnarges tramed against him was neces- sary, consequently the uy. Civi.n.|Agent Kay (joineiy appointed wun due notice to the concerned workman, Shri ht. M. Sheiy, A.C.M., Manki as the Enquiry Officer tor holding sucn enquiry, ihe said officer held tne enquiry with due notice to the concerned workman who participated in ihe enquiry and took the assistance ot a co-worker ot his choice, Shri ivi.M. Jha, Oyeiman. I he enquiry was held in accord- ance with the principles of natural justice and the E.G. atter completing his enquiry submit.ed nis report finding the concerned workman not guilty. The management submitted that atter caretul consideration of the Enquiry report, as the Dy. C.M.E.|Agent, Ray Colliery did not agree to the findings ot the Enquiry Officer, he independently relying on the materials on record evaluated the evidence produced in the domestic enquiry and found the concerned workman guilty of the charges and by way of punishment the concerned woik- man was reverted to the post ot piece¹ rated worker with effect from 15-11-1979. Being aggrieved by the punishment, the concerned workman submitted an appeal before th6 appellate authority i.e. G.M. N.K. Area. During pendency of that appeal the management submitted that the concerned work- man moved by filing a Writ Petition before the Hon'ble High Court, Patna (Ranchi Bench) with a prayer for quashingi setting aside the order of punishment. The Hon'ble High Court passed an order on 9-1-1980 in the said Writ Petition with a direction to the Appellate Authority to dispose of the "pr•'•''I ::i iiiwsll.iii. Thereafter the appellate authority ccimd.-nnp. I:i--• rppeal of the concerned workman <'ii U'IIII.II i-.i;"s.J a speaking order dated 9-3-1980 whereby the- appellate authority decided that if the concerned work- man was prepared to tender an unqualified apology in respect of cause of misconduct on which he has already been found guilty and to assurance to the disciplinary authority that he would not indulge any such acts in future and would display good conduct in all respects and maintains discipline, within a fortnight of the order he may be given employment in the capacity of Clerk Gr. Ill on the minimum of the pay scale of that post. The management submitted thaf by the said order of the appellate authority the punishment imposed upon the concerned workman by the disciplinary authority was modified and in response to that order of the appellate authority the concerned workman on 18-3-1980 submitted two petitions wherein he tendered his unqualified apology. Accordingly on the basis of the apology tendered by the concerned workman in writing the Dy. C.M.E. and the G.M. (N.K.) Area Dakra issued an office order dated 20-3-80 modifying the punishment and employment of the concerned workman as Grade II on the initial basic pay of Rs. 4bO per month with effect from 20-3-1980 but rejected his request for protection of salary. The matter was ended there and for which there was no scope on the part of the concerned workman to re-agitate the matter and raising of industrial dispute or challenging the action taken by the management. The concerned workman also being aggrieved by the order passed by the Management did not pursue Writ Petition which was pending before the Hon'ble High Court. The management submitted that the concerned workman was legally estopped from reagitating the matter as it was finally concluded on the basis of unaualified apology tendered by thfi concerned workman in writing. The management further submitted that the concerned workman has raised the purport- ed, dfcpute. after 12- years with some ulterior motive and malgjfcfe. iflfenjtion. Accordingly the managemnt submitted Ms prayer to -pans A^ard rejecting the claim of the concern- ed workman.

5. It is seen that neither the concerned workman nor the maiiagviiiciu atiduu-a any eviueuce in supj-on oi tneir ciaim aim c^uniei ciaun. iney reued on eenaiii documents which in couisu ui Hearing nave Been maiked as tM. ivi-1 to ivl<-9 aim CAI, w-1 to w o. I nave considered ail me relevant documents caieiuny whicn me management as well'as tne coiiccintd workman reiid on in suppon ot their ciaim and counter uaim. it is an admitted tact tnat tae concerned worK- inan Was appouueu at Kay Coaiery as UeiK urade 11 on l-'i-li. Aiter nationalisation ot tne said couiery n is seeii that ine concerned workman was aiiowed to continue to his same post. Ii is seen mat m the year 1977 the management issued a cucuiar inviting application irom ine engioie departmental candidates lor nueiview lor the post of U.D.C. Ail disputes relating to ihis reierence ciopped up irom this point. It is seen mat tnougn tne concerned workman was veiy mucn aggri- eved aoout me issuance ot the saio circular oy the manage- ment yet he buemmed his application to tace interview with a view to get h.s piomo.io i io nm post ot U.D.C. Clerk Grade-I. It is the spemic allegation ot the Management that lor same misdeeds on me part of the concerned workman a cnarge-sheet was given to him with a direction to show cause why disciplinary action should not be taken against him. Tne copy of that chargesheet in course of hearing was mark- ed as t x t. M-l. Ic is seen from the chargesheet that seven fold charges were brought against the concerned workman. The concerned workman gave reply to that chargesheet wherein he denied ail the charges brought against him. The copy of' the reply given by the concerned workman was marked as Ext. M-2. It is seen that the management being dissatisfied with the reply given by the concerned workman initiated an enquiry and appointed Mr. M.M. Shely as E.O. It is ad- mitted fact that the said enquiry was held by the E.O. in presence of the concerned workman. The concerned work- man did not raise any dispute about the manner and way the enquiry conducted by ihe E.O. The E.O. after complet- ing enquiry submitted his report before the disciplinary autho- rity finding the concerned workman not guilty. Th E.O. sub- mitted in detailed report to this effect and the said report during hearing was marked as Ext. M-3. I have considred the report carefully and the E.O. in details explained his reasons why he found' the concerned workman not guilty of the charges brought against him. Thereafter as the disciplinary authority after reviewing the said enquiry report did not agree with the same personally evaluated all the evidence produced beforet he domestic enquiry independently and came to the conclusion that there was sufficient reason to find the con- cerned workman guilty of the charges and accordingly he found the concerned workman guilty and imposed punish- ment to the effect that the concerned workman shall be reverted to piece rated {Miner worker) with effect from 15-11-1979. The report of the disciplinary authority during hearing was marked as Ext. M-4. Against that order passed by the disciplinary authority the concerned workman pre- ferred ana ppeal before the appellate authority but during pendency of the said appeal the concernd workman preferrd a Writ Petition before the Hon'ble High Court (Ranchi Bench). Thereafter as per dirction of the Hon'ble High Court the appellate authority took up hearing of the appeal. The petition filed by the concerned workman before the appel' late authority during hearing was marked as Ext. M-5 while the order passed by the Hon'ble High Court was marked as Ext. M-6. The appellate authority after hearing the matter in issue disposed of the appeal by order dated 9-3-80. The sa;d order during hearing was marked as Ext. M-8. In the said order it was stated that Shri B. D. Jha was not prepared to make amends or admit his suilt even after he had pro- duced false and fabricated certificates, which was fully esta- blished. I. however, give Shri B.D. Jha the appellant another opportunity to reconsider his stand. If he is prepared to tender arL unaualified apology in respect of the acts of misconduct on which he has been held guilty and gives an assurance to the disciplinary authority that be would not indulge in such acts injuture spd would display good conduct in all respects and maintain discipline within a fortnight of this order, he may be given employment in the capacity of Clerk Gr. Ill on the minimum of the pay scale of that post. This means6810 THE GAZETTE OP INDIA : NOVEMBER 17, 2001/KARTTKA 26, 1S>23 [PART II—SEC, 3(H)] From these papers it shows clearly that the officers of the management recommended the authority to restore notional seniority of the concerned workman as they were satisfied wilh the woik and conduct ot the concerned workman. It is, theretoie, seen that as per written undertaking givtfn by tlie concerned workman he acted properly and in discharge of his duties and for winch the officers ol the management being satisfied recommended restoration of his notional seniority. All these recommendations were made by the officer of the management in the year 1983. Therefore, it is clear that upto 1983 the conduct of the concerned work- man was good. No satisfactory explanation is forthcoming on tho part of the concerned woikman what reason prevailed him to stibijiit written unqualified apology before the management in response to the order or, the appellate autho- rity as he had the scope either to raise industrial dispute being aggrieved with the decisions of the appellate authority or ho htid the scope to prefer an appeal before the Hon'ble Court. But he did noi consider necessary to do so. The very written apolcgy tendered by Ihe concerned workman shows clearly that he admitted all his guilts as per chaigesheet. He nlso did not raise any dispute when ho was reverted to Gradc-lII Clerk instead of Grade-II Clerk. The conduct of the concern- ed workman therefore clearly speaks that accepting the order of the appellate authority he joined to his reverted post as Grade-Ill Clerk. Even thereafter the concerned workman got sufficient time to agitate his grievance but he did not do so. The concerned workman has failed to assign any reason satisfactorily why he raised this industrial dispute after a lapse of more than 10 years. It is fact that limitation act is not applicable in case of making any reference as per I.D, Act, 1947 but the concerned workman cannot exonerate his responsibility to explain the reasons of his long delay in raising such industrial dispute particularly when he joined to his reverted post tendering unqualified apology accepting the order of the appellate authority. No new reason has b en assigned by the concerned workman for making such reference. As such there is sufficient reason to hold that the concerned workman was estopped from making any such reference without any now ground particularly when he accepted that reverted post of Grade-Ill Clerk tendering un- qualified written apology abiding by the order of tho appel- late authority. Therefore, after careful consideration of all tho facts and circumstances I held that the concerned work- man is not entitled to get any relief. In tho result, the fol- lowing Award is rendered :—•

"The action of the management of M|s. Central Coal- fields Ltd, piparwnr Project is justified in reverting to Clerk Gradc-III from Clerk Grade-II, Shri B.D. hn (workman from 20-3-80 Consequently, the con- cerned workman is not entitled to get any relief."

B. BISWAS, Presiding Officer

New Delhi, the 17th October, 2001

SO. 3161.—Tn pursuance of Section 17 of the Industrial nt'Piite Act. 1947 (14 of 1947). the Central Government hereby publishes the award of the Central Government Tnclvntrin] Tribunal No. 2, Dhanbad as shown in the Annexure in the Industrial Dispute between the emp¹overs in relation to trrn irrinaKem?nt of BCCL and their workman, which was received bv the Central Government on 16-10-2001.

that the punishment will stand modified accordingly from the date oi tendering oi wiiUeii apology. Otherwise the punishment imposed by the aisciplitnuy authority would stand as it is. it is> s-cn tnui at thai relevant lime when ihe appellate authority passed trie oiuer in question a Writ JPetmon was very mucn pending tor healing beiore the Hon ble High would be witnuiawn. He submitted that being assuied by tne neccssaiy to move bctorc Ine Hon ble Court against the oiler passed by trie Appellate Atiitionty. it was the contention of the concerned woikman that the appellate authority verbally persuaded turn to oeg apology and n he so make in that ease the punishment already passed by the discipline authority would be withdrawn. He submitted that being assured by the appeuatc authority m the matter of withdrawal of punishment he submitted written apology. But inspite of submitting his wtitien apology the management did not withdraw the punish- ment mflic "d on him. 1 ao not lind any support of this claim ot the concerned workman in any manner. On the contrary from the order of the appellate authority marked as Ext. M-S it speaks cleaiiy thai the appellate authority placed clear option relating to reviewing his punishment it he would submitted any written apology the management did not withdraw the pumsh- conceriieu workman to submit any written apology, particu- larly when he came to know from the order that thete was clear observation on the part ot the appellate authority that if any such apology is tendered in thac case tho concerned workman will be leverted back to Clerk Grade-Ill. It is seen that knowing tulty well about the order the concerned workman did not consider necessary either to move bolore the Hon'ble High Court against that order or to raise any indusiual dispute challenging the said order. On the contrary it is seen that he tendered unqualified written apology before ihe managemm marktd as Ext. M-9 and M-10, in respect of the acts ot misdeeds on which he had been found guilty. Ho also assured to the disciplinary authority that he would not indulge any such acts in tuture in any manner whatsoever antf atso would display gcJd conduct in all respects. He also assured to maintain discipline. On receipt of the written apology the management issued an order dated 20-3-1980 and he was given employment as Cleik Gr. Ill in the scale; of Ks. 460-16-636 plus other usual allowances with effect Irom 20-3-80. Accepting that Older of the management the con- cerned workman jointd to his new post and this will expose clearly trom the document marked as Ext. W-5. It is further seen that thereafter tho Superintendent of Mines by letter dated 15-5-1983 Ext. W-3 recommended for restoring his seniority. The Project Officer also by letter dated 13-9-1983 marked Ext. W-4 recommended for giving notional seniority to the concerned workman and that will be echoed from the recommendation of the Dy. P.M. N.K. Area Dakra dated 26-6-1983 (Ext. W-5;. Herc the moot question is whether tho prayer of 'he concerned workman lor passing Award holding that the reversion of the concerned workman from Clerk Grade-Il to Grade-Ill from 20-3-1980 by the CCL management was justified or not. The concerned workman in course of hearinR submitted that no opportunity was given to him for hearing before reversing the findings of the E.O. by the disciplinary authority. In support of this claim the con- cerned workman relied on the decision reported in 2001 LLN 39 and 1998 Lab. I.C. 3012. Their Lordship in the decision referred to above observed that the disciplinary authority must give opportunity of hearing to the delinquent before recording its conclusion. No dispute is left open to this effect. It is seen that the disciplinary authority befqie reversing finding of the E.O. did not give any opportunity to make submission by the appellant i.e. the concerned work' man. But it should be born into mind that when agitating this fact he preferred an appeal before the appellate authority tvnd simultaneously the concerned workman submitted a W'tt Petition before the Hon'ble High Court, Patna (Ranchi Bench) and as per direction of the Hon'ble High Court ihei appellate authority disposed of the appeal within reasonable preiod after giving opportunity to the concerned workman of hearing. At that time ako the concerned workman did not agitate this fact before the appellate authority. No evidence is forthcoming before this Court if the concerned workman also agitated this fact while he submitted Writ Petition before the Hon'ble Hicji Court, Patna. On the cont- rary it is seen that in response to the findings of the appellate authoritv he submitted two petitions wherein he tendrcd unqualified apology for his misconduct. He also assured the disciplinary authority to maintain discipline in future. There- fore, at this juncture, I consider that the ground which the learned Advocate for the concerned workman raised finds no wefcht. The concerned workman relied on certain docu- ment Issued by th" management marked as Ext, W-3 to W-5.

PNo. L-20012/76/92-IR(C-D1 S. S. GUPTA. Under Secy:

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2J AT DHANBAD PRESENT :

Shri B. Biswas, Presiding Officer.

In the matter oi an Industrial Dispute under Section lOUXd) of the I.D. Act, 1947.

Reference) No. 143 of 1993

PARTIES:

Employers in relation to the management of Sudamdih Sliaft Mjie of M/s. BCCL, and their workman.

APPEARANCES :

On behalf of the workman : Shri D. K. Verma, Advocate. On behalf of the employers : Shri B. Joshi, Advocate. STATE: Jharkhand

INDUSTRY: Coal Dated, Dhanbad, the 26th September, 2001

AWARD

'Ihe Government of India, Ministry of Labour, in exercis? of tho power;, conferred on them under Section 10(l)(cl) of the I.D. Act. 1947 has leferred the following dispute to this 'liiounal for adjudication vide their Order No. L-20012<7ty/ 92-I.R.(Coal-I), dated, the 17/19-8-93.

SCHEDULE

''Whether the action of tho management in recording the date of birth of Shri Nageshwar I rasad, T. R. Miner as on 10-3-1933 in his service records is justied ? If not, to what relief the workman is entitled ?" 2. The case of the concerned workman in as per W.S. in brief is as follows :—

'Ihe concerned workman in the W.S. submitted that originally he was appointed at Karhar Bari Colliery some times in the month ol f-ebruary, 1964 as Coal cutters. Thereafter he was transferred to Sutiamd.h Project of NCDC Ltd. with effect from 19-7-65, Thereafter the said project was taken over by M/s. BCCL. He alleged that on the basis of wrong recording df dale Of birth he was illegally superannuated from service With effect from 10-2-93. He submitted that his actual date of birth was 15-1-39. He submitted that while he was in service under the management, in the year 1987 service excerpt was served to him and fi'orn the service excerpt he came to know that his da'c of birth was wrongly recorded as 10-3-193J instead of J 5-1-J939. Accordingly he submitted representation before the management with prayer for rectification of his date of birtli but the management did not pay any heed to hks represenialJon. Thereafter on several occasion he sub- mitted representation to this effect but all his efforts went, in vein. Ultimately he raised industrial dispute before Ihe ALC(O which resulted reference to this Tribunal.

3. The management on tho contrary after filing W.S.-cumn rcjonder have denied all claims and allegations which the concerned workman asserted in his W.S. It has been sub- mitted by the management that the concerned workman wa, initially appointed at Giridih Colliery on 1-7-1957 when the said colliery was under the ownership and management of M/s. NCDC Ltd. In the menial's service register the date of birth of the- concerned workman was recorded as 10 2-1933. In the- aforesaid service register there was specific endorsement made by the Colliery Manager of Karharbarce Colliery of Giridih to the effect that "the age declared by the worker and recorded in the service sheet in ray presence." The concerned workman also put his L.T.I, in token of acceptance of the correctness of the particulars recorded in the service sheet on the basis of his own declara- tion .Thereafter the concernd workman was transferred from Giridih Colliery of M/s. NCDC Ltd. to Sudamdih Project with effect from 19-7-65. At the relevant timo the said SHdimdih Project was under the management of NCDC Ltd, Prom rim service recorded of the concerned wqrkjnari at the date of birth of the concerned workman transpired as IQ-2-U^iUI' hii- dote of apSomtment nt G'ridih wai ihown as 1-7-57 and his date of joining at Sudamdih was shown as 19-7-65. The Form B Register of Sudamdih Colliery which is maintained under Section 48 of tho Mines Act, 1952 read with rule 77 of tho Mines, 1955 it indicates clearly that the date of birth of the concerned workman was 10 2-33 and his date of commencement of employment as- 1-7-57. The said Form B Register also contained the signa- ture of tlje concerned workman along with the sigriture of the Record Keeper and Manager of the said Colliery. The C.M.P.F. record maintained under the C.M.P.F. has also indicated his date of birth as 10-2-33. The service cxeipt which was issued to that concerned workman in the year 1987 also containd his date of birth as 10-2-1933, 4. The management submitted that as per JBCCI Circular No, 76 dated 25-4-88 the rules relating to the review of date of birth in despect of the existing employees have been finally settled. As per the rulese laid dawn for reviewing the date of birth of existing employees the date of birth can only be corrected on the basis of Matriculation certificate or H.S, certificate or Middle Pass certificate granted by the University or recognised Board of Institution provided that such certificates were issued prior to the date of employment of a particular workman Similarly the Mining Sirdar Certi- ficate, Winding Engine Certificate or other certificates may be the basis for correction of date of birth provided the management issued certificate at the time of submission of application for appearing in those statutory examination.

5. In the rest of the cases tho age may be assessed by the Apex Medical Board or by age determination committee provided there is variation of the recorded age in different register of the management. In absence of variation of age recoided in different register there is no scope to open the case of the concerned workman in connection with the determi- nation and assessment of his ago The management submitted that recorded date of birth of the concerned workman In all register right from the period from initial employment till the da'e of superannuation remained the same as 10-2-33 and there was absolutely no scope for correction of his date of birth orjy by sending to the Medical Board. It has been submitted by the management that the concerned workman has aimed this dispute in reference only with a view to harrass the management knowing fully well that he has no ground to get relief. Accordingly the management has prayed for passing an Award rejecting the olaim of the concerned workman.

6. The points for decision in this reference are :—

"Whether the action of the management in recording the date of birth of Shri Nageshwar Prasad. T.R. Miner as 10-3-1933 in his service records is justified? If not. to what relief the workman is entitled?" DECISION WITH REASONS

7. Both the management and the concerned workman in order to substantiate their claim and counter claim examined one witness each. MW-1 who deposed on behalf of the management during his evidence disclosed that the concerned workman worked under them as Miner. He submitted lhat he got his appointment at Giridih Colliery on 1-7-1957 under NCDC. Original Service sheet of the concerned workman which was maintained by NCDC during evidence was marked as Ext. M-l. He submitted that the said service record was duly signed by the appropriate authority. Thereafter the concerned workman was transferred to Sudamdih Colliery and his service record was opened wherein his date of birth was recorded as 10-2-1933. The said service record was not only sifined by the official of the management but also was signed by the concerned workman, The service record during evidence of MW-1 was marked as Ext, M-2. The Form B Register wns marked as Ext M-3. This witness disclosed that in the Form B Register the date of birth of the concerned workman was recorded as 10-2-33 The concerned workman on the contrary during his evidence disclosed that he first started working at Karhar Bari Colliery in the veir 1964. From that colliery he ewas transferred to Sudamdih Project under NCDC which • was subsequently taken over by tho BCCL in the year 1972. He disclosed that his actual dad- of birth is 15-1-39. This witness during his evidence further" disclosed that he oame to know that his date¹ of birth ifl the Form B Register was recorded as 10-2-33 when^ service excerpt was -served to him bv the management m thS year 1987. Immediately thereafter he submitted hw reprtsen-, tfttion for correction .of hii dote of birth but tho manajtfnloht6&12 THB GAZETTE OF ftflHA ; NOVBlifflEIM?, 20Q1/JSARTIKA 26, 1923 [PART II—SEC 3 (ilj] tho Apex Medical Board or "by the age determination com- mittee provided there is variation in the recorded agp in the different legisters of the management, jj has been specifically mentioned

"The action of the management in recording the date of birth of Shri Nageshwar PrasaU, T.R. Miner as 1O-3-19J3 In his service records is justified,.' Conse- quently, the concerned workman is not entitled tp get any relief."

B. BISWAS, Presiding Officer

New Delhi, the 17th October, 2001

S.O. 3162.—In pursuance of Section 17 of the Industrial Dispute Act, 194-7 (14 of 1947), the Central Government, hereby publishes the award of the Central Government Industrial,'Tribunal, Chennai as shown m-the Annexure in the Industrial Dispute between the employers In relation to the mariagement of Indian Airlines " Ltd. and their work- man which was received by the Central Government on 16-KM0&1.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT. CHENNAI Friday, the 14th September, 2001

PRESENT :

K. Karthikcyan, Presiding Officer.

Industrial Dispute No. 60|20OO

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the industrial Disputes Act, 1947 (14 of 1947;, between the Workman Sri S.M.K. Khan and the Management of the General Manager (Personnel), Indian Airlines Ltd., Chennai.)

BETWEEN

Sri S.M.K. Khan, • I Party|Workman.

AND

The General Manager fPersonnel), : II PartylManage- ment.

Indian Airlines Ltd., Chennai.

APPEARANCE :

For the Workman : M|s. V. Prakash and T. Ramkumar, Advocates.

For the Management : M|s. N.G.R. Prasad, Advocates.

The Govt, of India, Ministry of Labour in exercise of powers conferred by clause (d) of "sub-section (1) and sub- section 2(A) of Section 10 Of Industrial Dispute Act, 1947 (14 of 1947) have referred the concerned Industrial Dis- pute for ad]n

This dispute on coming up before me for final hearing on 27-8-2001, upon perusing; the Claim Statement, Counter Statement, the other material papers On record, th oral evi- dence let in on the s'de of the II Party|Management tho do;umentary evidence let in oq cither side and upon heanifi the arguments of the learned counsel on either side and this matter having stood over till this date for considera- tion, this Tribunal has passed the following :—

AWARD

The Industrial Dispute referred to in the above order of reference by tho Central Govt, for adjudication by this Tri- bunal is as f&llows :—

"Whether the action of the Management of Indian Air- lines in compulsorily retiring Shri S.M.K. Khan from service with effect from August, 1999 is justified ? If not, to What relief he is entitled ?" 2. The averments in the Claim S'atement of the I Partyl Workman are briefly as follows :—

The I PartyfWorkman Sri S.M.K. Khan (herein after referred to as Petitioner) joined the servics of Indian Air- lines Ltd.|Management|II Party (herein after referred to as Rcspondfnt) as the Security Assistant on 12-9-66. In the year 1969 he was transferred to Hyderabad in the same post. When he was working in Hyderabad office in the year 1971, he had received a telegram from his family stat- ing that his daughter was sick. So, the Petitioner with no other alternative, after informed the duty security man, came back to Madras to take care of the health of his daughter. He was charged for the allegation that he has no' informed the Management before leaving the HvdTabnd office. Based an that charge, he was punished with the order of demotion, demoting him from the nost of o^nri'v Asrstant to th" post of Security Guard and was transferred to Madraj office. Though tho Pctltiond* made sfeverli] appeali against that order of the Respondent, thoy wore of no avail. His request to the Management to consider his claim for promotion to the next post was also not consi- dered. The Petitioner had been kept in the post of secu- rity guard for nearly 20 years without any promotion. In the year 1990 only after passing the examination conducted for the post of Security Assistant^ the Petitioner was pro- moted to that post. Sjnce the Petitioner was performed his duties sincerely and honestly he was promoted as Senior Assistant in 1988. The Petitioner was performing his du- ties sincerely to the satisfaction of his superior officers, and he had a blemishless record of Servfce. In 1977, the Peti- tioner was issued an order by the Respondent|Marjagement stating that he was compulsorily retired Trom service as he had taken leave for 36 days during the year 1997. Against that order, the Petitioner preferred an appeal to the Re- gional Director requesting him to review the order^ of compulsory retirement and to reinstatement him in service. Thereafter on 8-8-1998 the Respondent issued an order in- forming the Petitioner that the Management have decided to continue the Petitioner In service for one vearj There- after, on 27-5-99, the Respondent|Management issued a show cause memo to the Petitioner stating that the Respon- dent hos proposed to retire h''m from service at the close of work on 26-8-1999 as the Petitioner had remained absent for 20 days during extended period of service. The Peti- tioner gave his explanation to Jhat show cause memo stating that he had never absented without leave and due to the reasons of continued ill health of his wife and his personal responsibilities only he had taken leave and requested the Respondent to reinstate him in service, till he attain th age of 60 i'e'ars. Thereaftr wiethout assigning any reason for noii-acceptance of the explanation of the Petitioner, the Respondent issued an order on 22-6-1999 compulsonly retiring the Petitioner from service at the close of work on 26-8-99. Against that order of com- pulsory retirement, the representation rnade by the Petitioner on 30-9-99 was also rejected. The action of the Rcswndent in commiisorilv retiring m service. Hence. the THhunai may pass an award holdisjr that the order of the Respondent compu1s<""~v retirinp the Petitioner from sprv'Ve as iHpiwl and direct the Respondent fo pav the Petitioner <*U the wa^e for this neriod from the IIJUC nf his compi'lioHlv retirement till the date of his attaining the a?e of superannuation.

3 The averments in thn Countci- Statement of the II PartvlMnnacement are hrieflv AN folllows :

Thf Petitioner even diir'nc his initfnT tenure in Indian AMines his rerv'ce w'< n'.V "t nil enfisfnrtorv. H¹¹ Was warn"d h" Chief A1""! M""iris bv bU letter d ^ ri 4lfi-1?-19K7 for not rrrHntt n-cim'ty arrangement at cash irri>m r>t directed hv the pe^ni-rv .Superintendent nnd mi^r'no fmm '*"" work -70 left his dutv nost find n16814 „ THE GAZETTE OF INDIA : NOVEMBER if, 2001/KAfcTTKA 26, 1923 [PART fl—SEC. 3(11)] 5. The Point for my consideration is :—

"Whether the action of the Management of Indian Airlines in compulsorily retiring Shri S. M. K. Khan from service with effect from August, 1999 is justified ? If not, to what relief he is entitled ?"

Point:—

It is an admitted case that the Petitioner attained 55 years of age as an 10-8-99 and by an order difed 8-8-98, the Petitioner was allowed to continue beyond the period of his attaining age of 55 years. Ex. Ml 6 is the xerox copy of the order passed by the Regional Director South dated 8-8-98, wherein it Is stated that he has decided to give the Petitioner one more oppor- tunity by continuing him in service for one year be- yond the age of 55 years. A condition has also been imposed therein stating that his retention in service beyond 10-5-99 will be subject to outcome of review that will be carried out in due course and that his attendance and performance will be closely watched. Ex. M l4 is the xerox copy of the amendment for retirement age, which takes effect from 27th May, 1998. Thereby the Respondent/Management has decided to raise the retirement age of the employees! of Tndian Airlines Ltd. from 58 years to 60 yenrs under the Revised Regulation No. 12 of Service Regu- lations of Indian Airlines Employees. As per Regula- tion No. 12, an employee shall retire from service of the comrjanv on attaining the age of 60 years, provid- ed that the Competent Authority may ask an employee to retire after he attains the age of 55 years on pivina three months' notice without assigning anv reason¹!. In this Case, the Petitioner has attained 55 vcars of age as on 10-8-98. Ex. Ml 2 is the xerox copy of the notice issued to the Petitioner dated 11-5-98 bv (he Regional Director, South, of the Respondent/Manace- ment. Under this notice, the Regional Director South, has informed the Petitioner that since his record of service was unsatisfactory including his absence from duty without prior permission, he proposed to retiro him w.e.f. 10-8-98, thus, giving three month's orior notice to the Petitioner. In that notice itself, the earlier warnings and punishments imposed to the Petitioner have been mentioned. In reply to this notice, the Petitioner has sent a requisition dated 18-5-98 to the Regional Director. South of Indian Airlines Ltd.. Chennai. The xerox copy of the same is Ex. M13. Tn that letter, the Petitioner has requested the Regional Director to take pity on him and extend his services beyond the age of 55 vcars and has also stated that during the extended period of his service, his perform- ance mav be monitored bv him and he ensure that his performance will be totally satisfactory and to the finest satisfaction of all his superiors and he mav he given one last chance Tn spite nf his reauest mad¹ under Ex. M l 3. the Regional Director, South had decided to retire the Petitioner on 10-8-98 as alreruly proposed and has rejected the request of the Peti- tioner bv hrs letter dated 15-7-98. The xerox cony of the letter is Ex. M15. Subsequently, since the Peti- tioner met the Regional Director, South and made request to reconsider his case, and had assured him thnt he will not pive anv room for comnl^int or cause 'against him in future, the Regional Director; Sourfo "had passed an order under Ex. M16 by giving him6815 one more chance. All these things have not been dis- puted by the Petitioner.

ment has no power to retire him is untenable. As stated by the learned counsel fur the Respondent, the Petitioner has not taken one such stand in this case. So from all these things, it is seen that such a conten- tion of the learned counsel for the Petitioner is oppos- ed to the Service Regulation 12 as well as the conduct of the Petitioner himself.

6. Ex. Ml7 is the xerox copy ol the letter dated 27-5-95 by the Regional Director, South to the Peti- tioner, h is stated in that letter that inspite of oppor- tunity was given to the Petitioner, he had remained absent tor 20 days during I he extended period of ser- vice, which shows that there has been no improvement in his attendance record and therefore, he felt thai no useful purpose will be served by retaining the Petitioner in service any further and that in view of the above, he proposed to letire him from service of Indian Airlines Ltd. in terms of Service Regulation 12 at the close of work on 26th August, 1999. Frou; this, it is seen that one such notice was given under Ex. Ml7 by the Competent Authority of Responded/ Management, by following the provisions under See- vice Regulation 12, by giving three months¹ notice to the Petitioner. Ex. Ml 8 is the xerox copy of the reply dated 14-6-99 by the petitioner to the Regional Director, South for his notice under Ex. Ml 7. tn that, Petitioner has admitted his absence and feeline sorry for it and wanted the Management to give om more opportunity. Ex. M19 is an order passed by tho Regional Director dated 22-6-99 after receipt of the reply from the Petitioner under Ex. Ml 8. In thnt letter, it is clearly stated that despite an opportunity given to the Petitioner he had not chosen to show .service and as such he had again issued show cause marked improvement during his extended period of notjee dated 27-5-99 proposing to retire the Petitions from service at the close of work on 26-8-99 and f he- Petitioner had not given any valid reasons for recon- sideration of his submissions under Ex. M18. All these things have not been disputed by the Petitioner

8. It is the further contention of the Petit-oner that he had not remained absent for 20 days. I he Res- pondent/Management by examining one of his officials as MW1 and by exhibiting documents, have proved that the Petitioner has absented himself without per- mission from 27-9-98 to 30-12-98 totalling 13 days. Jt is also the evidence of MW1 that the Petitioner's leave was regularized at a later date only to give him the benefit of retirement. In 1999, it is shown that the Petitioner had absented for a total period of seven days. It is also in evidence that only, subsequently on 4-8-99, after the Petitioner had been served with the order of compulsory retirement, his leave was regularized so as to enable him to get salary for those days. As it is put forth by the learned counsel for the Respondent in his argument that it does not mean that his absence was condoned and it cannot be con- sidered as absence for duty unauthoriscdly. From the oral as well as the documentary evidence available on the side of the Management, it is seen that in spiU; of lot of indulgence shown to the Petitioner by the Respondent/Management by giving him one more year after deciding to compulsorily retiring him from service, there was no improvement in the Petitioner's attendance. So, the Competent Authority under Ex M19 has passed an order by retiring the Petitioner from service of the company at the close of work on 26-8-99. So under such circumstances, it cannot be said that the action taken by the Respondent/Manage ment against the Petitioner is in violation of principle* oi natural justice or against the Service Regulation. So, the contention of the learned counsel for the Peti- tioner that under Standing Order 35, absence from duty is a misconduct and opposite party has power to initiate disciplinary action for unauthorised absence by following the enquiry procedure of charge sheeting the employee conducting disciplinary enquiry and ob- tain cnuiry findings has to be followed and the Res- pondent/Management had bye-passed that Standing Order procedure for the alleged absence of 20 davs and has followed Regulation No. 12 is virtually to punish the Petitioner, cannot be accepted as correct on the facts and circumstances of the present case So, it cannot be said that the action of the Manage- ment taken against the Petitioner in this case is not legal and is not in conformity with the principles of natural justice.

9. The further contention of the learned counsel for the Petitioner that the Management witness has ad- mitted in his evidence that he does not know what were the papers before the Reviewing Authority were placed and whether such records have been produced before this Hon'ble Tribunal go to show that the Management has not put up the material before the Reviewing Authority and before this Hon'ble Court and hence the order of the Respondent of compul- sorily retiring the Petitioner from service is unsus- tainable. This argument of the learned counsel for6316 HIE GAZETTL OF INDIA • NOVEMBER 17, "MX)!'KARTIKA 2o 1923 IPAR.I II—SEC. 3(n)I DOCUMFNIS M A R K E D'

Foi I Paity/Woikman :

1 \ No Dale Desuiplion

Wl 25-1 l-o I—Xerox copy of the standing

olders applicable to Indian Airlines Corpn Pait IV published in Gazette

\V2 1996 to 1999—Xerox copy of the leave

apphcation-cum-ieeoi d.

W3 January, 1999—Xerox copy ol the Nega-

tive repoit

the Petitionei c.innot be considered as coueet bi/\iuu sufficient documental v evidence has been placed kj fore this Couil to establish the contention of )ho Respondent/Management that the Pefuonci had un- authonsedly absented ioi 20 da\s e\en dunng (he extended period ot set vice Merely because the MJII agement witness has admitted in his evidence that 1K docs not know about the lecotds placed belore the Reviewing Authonty will enable to draw a conclusion that the Management has not put up matenals beioie the Reviewing Authority and before this Hon'hle Court. Hence, it can be held that the order passed by the Respondent Management dated 22-6-99 lot letmng the Pctiiionei from scivice is collect

W4 March, 1999— Xerox copy of the Negative

report

For the II Paity/Management .

F.x No Date Description

Ml 04-12-67—Xeiox copy of the warning let- ter issued by the Management to the Peti- tionei .

M2 08-12-67—Xerox copy ol the warning let- ter issued by the Management to the Peti- tioner

M3 01-08-68—Xerox copy of the punishment order issued by the Management to the Petitionei

M4 13-11-69—Xerox copy of the letter from the Industrial Relations Ollicei to the Petitioner.

MS 08-12-70—Xerox copy ot the charge sheet

M6 26-05-71—Xeiox copy of the demotion ordei issued by the Management to the Peti- tioner

M7 25/26-7-74—Xerox copy of the warning letter issued by the Management to the Peii- tioner.

M8 03-08-93—Xerox copy ol the order regard- ing reduction in time scale issued by the Management to the Petitioner.

10. I hc next contention of the learned counsel Ioi the Petitionei that the PetitioneL was a veiy honest and sinceie unpknec and the)c was no allegation questioning his chaiaetei oi integiity and under such uieumstanccs the impugned ordci is un|ust, untau and arhitiary and theiefnie, liable to be mleireud with by this Inbunil undei Section 1!A oi Indus- tnal Disputes Act This contention of the ieauud counsel lor Petitionci cannot be accepted is conect because this is not a case of dischaige oi dismissal which is punitive in natuie foi this Tiibunal to inter- fere with the punishment ot compukoiy lelirement imposed agamst the Petitioner by the Respondent/ Management undei Section 11A of Industiial Disputes Act Ihc compulsoiy retm ment is not a( all a punish ment On the other hand, it is very cleaily stated in the Counter Statement that the concerned woiVmo-n, the Petitionei heiein is entitled to all otrui retire- ment benefits like pension, medical lacihtics t1 Unices, in the absence of the Petitioner loosing am of his terminal berefits because of compulsoiy lelue- ment from service, this Tribunal can uphold the action taken by the management as valid and coircct. Hence, it is concluded that the action ol the Management against the Petitionei m eompulsonly letning him fiom seivice is justified So the concerned workman is not entitled to anj relief Thus, Ihe nomt is ans- wered accordingly I

M9 04-07-87—Xerox copy ol the warning let- ter issued by the Management to the VoU tioner.

M10 17-OK-90—Xerox copy ol the Fstablish-

nient Older No 70 of 1990

M il 05-01-98—Xerox copv of the Fstahlish-

ment Order No 02 of 1998 11 In the lesult, an awaid is passed holding that Ihe action of the management of Indian An lines Ltd . in compulsonlv letmng Sn S M K Khan fiom &ci- vice with effect Irom August, 1999 is |ustificd Hence the concerned employee is not entitled for any relief No cost

M l2 11-05-98—Xeiox copy of the pioposd

ior retirement.

(Dictated to the Stenoguphei, transciibcd and typed by him, collected and pionounced by me in the open court on this day the 14th September, 2001 )

Ml 3 18-05-98—Xerox copy of the lcttei from K KARTHIKEYAN, Presiding Officer

the Petitionci to the Management Witnesses Examined

M14 ] 5-06-98—Xerox copy of the letter from For the I Paitv/Woikman • None

For the IT Paitv/Managemcnt

the General Managci, IAL, HO, New Delhi to Regional Dncctors regarding Amend- ment in letirement age ol employees, MW1—Shri Ba] ikrishnu Vi|ayakumar,6817 M15 15-07-98—Xerox copy of the oiuci ot compulsory retirement issued by the Man- agement to the Petitions.

M16 08-08-98—Xerox copy ot the letter tiom the Regional Director to the Petitioner re- garding retirement under Seiviec Regulation 12. i

M17 27-05-99—Xerox copy ot the letter hum the Regional Director to the Petitioner re- garding letircment under Service Regulatiun 12.

M l8 14-00-99—Xeiox copy of the reply from the Petitioner to the Management.

M19 22-06-99—Xerox copy of the lettei tiom the Regional Dneclor to the Petitioner ie- garding retirement undei Service Regulation 12.

M20 (S-7) Nil—Xerox copy oL the Pay Roll from 6th August to Uctober, 1998 and Decer/ber, 1WS and June to August, 1999, M21 18-02-2000—Xerox copy oi the letter from the General Manager, IAL, HO, Nu\ Delhi to Regional Director jegarding Amendment in retirement age ol employee.

M22 Aug., 98—Xeiox copy of the monthly attendance report.

M23 Sept., 98—Xerox copy ol the monthly attendance icpoit.

M24 Oct., 98—Xerox copy ot the monthly attendance report,

M25 Nov., 98—Xerox copy of the monthly attendance report.

M26 Dec, 98-—Xerox copy ol the monthly attendance report.

M27 Feb., 1999—Xerox copy ot the monthly attendance report.

M28 April, 1999—Xerox copy ot the monthly attendance report!

M29 May, 1999—-Xerox copy ot the monthly attendance report.

M30 June, 1999—Xerox copy ol the monthly attendance report.

M31 May, 1998—Xerox copy ot the Muster Roll.

M32 June, 1998—Xerox copy of the Milder Roll.

M33 July, 1998—Xerox copy of the Mustei Roll.

M34 Aug, 1998—Xerox copy of the Mustci Roll.

M35 Sept., 199S—Xerox copj of the Mmter Roll.

M36 Oelo., J998—Xciox copy ot the Muster Roll,

M37 Nov., 1998—Xcrov copy ot the Muster Roll.

M38 Dec. J998—Xtiox cop> ol the Muster Roll.

M39 Jan., 1999—Xeiox copy ol the Muslei Roll.

M40 Feb.. 1999—XCLOX copy of the Muster Roll.

M41 Maich, 1999—Xeiox copy of the Muster Roll.

M42 April, iy99—Xerox copy of the Muster Roll.

M43 May, 1999—XCJOX copy ot the Music" Roll.

M44 June, 9 y - - \ c r o\ copy ol the Mustei Roll.

M45 July, 1949—Xerox copy ol the Mustei Roll.

M46 Aug. 1999—Xeiox copy of the Muster Roll/

M47 25-11-1961—Xerox copy ot the Notifi- cation ol Indian Aiilincs Coipn. published in the Gazette of India.

M4S Mai eh, 1983—Xerox copy of the Indian Airlines l-mplo>ecs Service Regulations.

New Delhi, the 17th October, 2001 SO 1163.—In pursuance of Section 17 of the In- dustrial Disputes Act, 1947 (14 of 1947), the Cen- tral Government hereby publishes the awaid of the Central Government Industrial Tribunal 2, Dhanbad as shown in the Annexure in the Industrial Dispute between the employers- in idatum to the management of DCCL and their workman, which was received by Ihe Central Government on 16-10-2001.

[No. L-20012j34|91-IR(C-r)]

S, S. GUPTA, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD¹

PRESENT :

Sliri B. Biswas, Presiding Officer.

New Delhi: the 19th October, 2001 In the matter of an Industrial Dispute under

Section JO(l)(d) of the l.D. Act 1947

Reference No. 106 of 1991

PARTIES:

Employers in relation to the management of Bhowra South Colliery of M|s. BCCL and their workman.

APPEARANCES:

On behalf of the workman—None.

S.O. 3164.-—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 No. 2, Dhanbad as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of BCCL and their workman, which was received by the Central Govern- ment on 19-10-2001.

On behalf of the employers : Shri H. Nath, Advocate,

[No. L-20012 64|89-IR(C-I)] S. S. GUPTA, Under Secy.

STATE : Jhaikhund. INDUSTRY : Coal

ANNEXURE Dated, Dhanbarf, the 26th September. 2001

AWARD

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

DHANBAD

PRESENT :

Shri B. Biswas, Presiding Officer The Govt, of India, Ministry of Labour, in exercise of the powers conferred on them under Section jP( l ) ( d) of the ID Act, 1947 has referred the following dispute to thisTribunal for adjudication vide their Order No. L-20012l34|9U.R.(Coal-I), dated the 12th August, 1991.

SCHEDULE

In the matter of an Industrial Dispute under Section 1 0 ( l ) ( d) of the T.D. Act, 1947.

Reference No. 127 of 1991

PARTIES :

"Whether the action of the management of BLiraree Colliery of Ms. BCCL, P. 10. Bhulanbararee Distt. Dhanbad in dis- missing Shri Dukhu Oraon is justified'? Tf not to whal relief the workman is entitled t o ?"

Employers in relation to the management of Mahcshpur Colliery in Govindpur Area No. Ill of Mis! BCCL.

AND

Their Workman

APPEARANCES :

On behalf of the workman.—Shri S. Bose.

Treasurer, RCMS Union.

On behalf of the employers.—Shri B. 2. In this refeience both the parties appeared and filed their respective W.S. documents etc. Subsequen- tly when the ense was fixed for hearing Shri H. Nath, learned advocate Iw the management appeared but none appeared on the side ol the workman nor took any steps inspile of issuance of registered notice. It reveals from the record that the instant reference is pending since 1991 and it is of no use to drag the same any more. Under such circumstances, a 'No dispute' Award is rendered and the reference is dis- posed of on the basis of the 'No dispute' Award presuming non-existence of any industrial dispute bet- ween the parties presently.

Joshi, Advocate.

B. BTSWAS, Presiding Officer

STATE : Jlwkhand. INDUSTRY : Coal.

Dated- Dhanbad, the 9th October, 2001

AWARD

The Govt, of India, Ministry of Labour, in exercise of the powers conferred on them under Section 10(1) (d) of the l.D. Act., 1947 has referred the following dispute to 6$1$ this Tribunal for adjudication vide their Order No. L-2O0l2|64i89-lR(Coal-l), dated, the Nil.

SCHEDULE

"Whether the management of M 5. BCCL in relating to Maheshpur Colliery in Govindpur Area No. Ill is jus ill ed in denying employment of Suit. Sushila Manjjhiain claiming to be a widow of Late Hopan Manjhi ex- miner loader ? If not, to what relief the workman is entitled ?" 2. The case of the workman as per W.S.

in brief is as follows :—

The concerned workman in her W.S. sub- mitted that her husband Hopan Manjhi was an employee under the management and died on 28-5-1985 at Central Hospital while he was in service. She submitted that after death of her husband the management neither provided her any employment nor paid all the dues of her husband. She submitted that in the midst of her claim for employment and dues one Rubi Manjhi came forward declaring himself as the dependant son of late Hopan Manjhi. She submitted that her husband neither had any son or any daughter. Accordingly she denied the claim of Rabi Manjhi as the son of Hopan Manjhi. Inspite of making such submission she alleged that the- management deliberately caused delay in considering her employment ignoring the statutory provision of the Act. Accordingly the concerned workman submitted his prayer to pass an Award asking the management to provide her employment as widow of late Hopan Manjhi with full wages and other benefits.

of Kulwati Majhiain was supported by the certificate issued by Mukhiya and B.D.O. She also enclosed an affidavit in support of her claim. While that application of Kulwati Manjhiain was in the process one Rabi Manjhi claiming himself as the son of Hopan Manjhi submitted an application for his employment enclosing two certificates from Mukhiya and B.D.O. He also submitted other documents in support of his claim. The said Rabi Manjhi in his application disclosed that Halo Devi was the wife of Hopan Manjhi who pre-deceased her husband. Robi Manjhi further submitted that after the death of Halo Manjhi his father did not marry again. In the midst of that position another applica- tion was submitted by Smt. Sushila Manjhiain claiming herself the wife of late Hopan Manjhi. Accordingly she submitted her prayer for employment under the management. It has been submitted by the management that the sponsoring union not only demanded em- ployment of Smi Kulwati Manjhiain claiming her to be the widow of Hopan Manjhi but also subsequently die same sponsoring union claim- ed employment for Smt. Sushila Manjhiain claiming that she is the widow of late Hopan Manjhi. Under such circumstances the management submitted that they becam; very much perplexed about the claims made by Kulwati Majhiain, Sushila Majhiain and Rabi Manjhi and accordingly they demanded succes- sion certificate to ascertain the genuinity of the claim before considering application for employment of those three persons. But inspite of claiming so neither the sponsoring union nor the claimant submitted any succes- sion certification in order to substantiate their claim and for which the management submitted that it became difficult on their part to consider petition for employment of the concerned workman. Accordingly the management sub- mitted prayer for passing an Award rejecting JJic claim of the concerned workman.

4. The points for decision in this reference

are as follows :—•

"Whether the action of management of M s. Bharat Coking Coal Ltd. in relation to Maheshpur Colliery under Govindpur Area No. Ill is justified in denying employment to Smt. Sushila Majhiain claiming to be a widow of late Hopan Manjhi, Ex-Miner Loader ? If not. 1o what relief the workman is entitled ?" 3. The management on the contrary after filing W.S. cum-reioinder have denied all the claims and the allegations which the concern- ed workman asserted in his W.S. It has been submitted by the management that Hopan Manjhi was a Miner'Loader a' Maheshpur colliery. He died on 28-5-1985 at Central Hos- pital, Dhanbad while he was in service. The management further submitted that as Hopan Manjhi died before his retirement from ser- vice one of his dependant was entitled for employment according to the provision of the NCWA. The management further sub- mitted that in the midst, one lady Smt. Kulwati Manjhian submitting ati application claimed for employment disclosing the fact that Hopan Manjhi was her husband. The application68.0 THE GAZETTE OF INDIA : NOVEMBER 17, 2U01/KARTIKA 16, 1923 [PART II—SEC. 3(ii)J DECISION WITH REASONS

6, Now considering all facts and circum- stances it is seen that for getting employment m place of Hopan Manjhi three claimants have come forward namely Kulwati Majhiain, Robi Manjhi and Sushila Manjhi. Kulwati Majhiain and Sushila Manjhiain claimed themselves to be the widows ol Hopan Manjhi while Robi Manjhi claimed himself as the son of Hopan Manjhi. I do not want to raise any dispute relating to the claim of Robi Manjhi because his claim is not the subject matter of the reference. It is seen that Sushila Majhiain and Kulwati Manjhi by submitting petitions have claimed themselves to be the widow of Hopan Manjhi. It is not the case of the concerned workman Sushila Manjhiain that Hopan Manjhi had two wives. Naturally onus absolutely lies on the concerned workman to establish that she was the legally married wife of Hopan Manjhi. T have considered all the facts and circumstances carefully and after considering all the facts and circumstances I find no hesitation to say that Sushila Majhiain has failed to establish her claim lamentably when such serious dispute in relation to claim and counter claim have comeforward there is little scope to consider the prayer of Sushila Majhiain untill and unless she is able to estab- lish her claim strictly. Here it is seen that just claiming herself as widow of Hopan Manjhi the concerned workman did not consi- der necessary to adduce any other cogent evi- dence. Therefore, just relying on the evidence of the concerned workman I find it extrcmly difficult to consider her claim. There was also scope on the part of the concerned work- man to submit succession certificate but the concerned workman has also failed to pro- duce the same. As such at this stage I do not find any reason to hold that the management has committed any illegally in ignoring the claim of the concerned workman, Tn the result, the following Award is rendered :

"The management of Mjs. BCCL in re- lating to Mahcshpur Colliery in Govindpur Area No. Ill is justified in denying employment of Smt. Sushila Manjhiain claiming to be n widow of Late Hopan Manjhi ex- miner loader. Consequently- the concerned workman is not entitled to £^c\ any relief."

The management in older to substantiate their claim have examined two witnesses while the concerned workman examined herself as witness in the instant ease. Considering the evidence on reeord I tinu no dispute to hold that Hopan Mam hi was a Miner,Loadcr under the management. I also (ind no dispute to hoid that he died at Central Hospital Dhanbad on 28-5-85. I he management submitted that as llopan Manjhi died while he was in service according to the provision laid down in NCWA one of the close relation was entitled tor employment. It has been further sub- mitted by the management that in the midst one Kulwati Majhiain submitted a petition for her employment in place of her deceased hus- band Hopan Manjhi. In support of her claim the said Kulwa+i Manjhi relied on certificate issued by Mukhiya and B.D.O. She also sworn in an affidavit in support of her claim. When the claim of Kulwali Majhiain was in process, one Robi Manjhi claiming himself as the son of Hopan Manjhi submitted an application for employment. His application was also supported by certificate issued by Mukhiya and B.D.O. He also submitted a voter's list in support of his claim. Fobi Manjhi who has been examined as MW-2 by the management in course of his evidence dis- closed thai his father Hopan Manjhi married Jola Manjhi and she died leaving her husband and two sons i.e. he himself and his another brother Hakim Manjhi. This witness further disclosed that his mother Jola Manjhi died long before the death of his father. Accord- ingly he submitted that his claim for employ- ment is genuine. While the application of Robi Manjhi before the management was penrl ing for consideration one Sushila Majhiain submitted application for her employment claiming herself as the widow of Hopan Manjhi. It has heen alleged by the manage- ment that (he sponsoring union sponsored this case of Kulwcti Majhiain and Sushila Majhiain for their emplovment. T have considered re- levant papers and records and I find support of the claim of the management in this regard. Sushih Devi i.e. the concerned workman in course of her evidence claimed herself as widow of Hopnn Manjhi but in support of her claim Mie has f:iiled fn ">n.incr :i single scrap of paper.

B. BISWAS, Presiding Officer 6 s: i

STATE : Jharkhand. INDUSTRY : Co?).

I>utcd. Dhanbad, the yth October, 2001

AWARD

The Government of India, Ministry of Lutojin, in exercise of the powers confeired OJI them under Sec- tion 10(1 )(d) of the T.D. Act, 1947 has referred line following disputue to this Tribunal for adjudication vide then Order No. L-20012 264 91-I.R. (Coal-I), dated, the 23rd October, 1991.

SCHEDULE

"Whether the action of the management of Cen- tral Coalfields Ltd., P.O. Jharkhand, Dis- trict Hazaribagh in dismissing from service Shri Meghan Mahato is justified '} If not, to what relief the workman is entitled to ?"

2. The case of the concerned workman according

to W.S. in brief is as follows :—-

The concerned workman in the W.S. submitted that he was Dumper Operator at Jharkhand Colliery. He alleged that over an accident the management issued a false chargesheet against him and also lodged FIR. On the basis of that false dhargesheet un enquiry was held against him and on the basis of the enquiry report of the E.O. he was dismissed from <.vtvice. He submitted that over the said accident a criminal Liisa which was filed against him has already been disposed of by the learned Magistrate wherein he was not found guilty. Knowing fully well the verdict of the learned Magistrate intentionally the management dis- missed him from service illegally and arbitrarily. Ac- cordingly the concerned workman has prayed for passing an Award directing the management to rein- state him in his ••ervicc with full back wages and other facilities.

necessary to submit its reply. As a result, the Project Officer/Agent ordered a detailed enquiry into the charges framed against the concerned workman vide office order dated 21-2-86 mid appointed Shri R. B. Singh, Dy. P.M. Hazaribagh Area Charhi as the E.O. The management submitted that after due notice to the concerned workman 'he E.O. held enquiry in presence of the concerned workman. The concerned workman also took the help of A co-worker fur de- fending himself in the said domestic enquiry. After completion of the said enquiry the E.O. submitted his report in which he found the concerned workman guilty of the charges framed against him. The man- agement submitted that the misconduct committed by the concerned workman not only included illegal acts but it also came under the ambit of clause (q) of the ModeJ Standing Order in as much as the con- cerned workman violated the provision of Motor Vehi- cle Acts and committed offence under the Indian Penal Code and Mines Act apart from indulging him of serious misconduct/indiscipline endangering the life of others. The management submitted that on re- ceipt of the report of the E.O. the matter was con- sidered by the Project Officer/Agent and after accept- ing the findings of the E.O. and considering the gra- vity of the misconduct he came to the conclusion that the concerned workman should be dismissed from service of the company. Thereafter the concern- ed workman was dismissed from service with effect from 27-5-89. The management submitted that con- sidering the facts and circumstances of the case and seriousness of the acts' of misconduct committed by the concerned workman the action taken by them in dismissing him from service is fully justified arid that in consequence he is not entitled to get any relief whatsoever. In regard to the criminal trial the management submitted tha* his acquittal from crimi- nal case by the Judicial Magistrate was due to the lapses on the part of the prosecution and for which they submitted that there was no impediment to pro- ceed with the domestic enquiry as the scope of domes- tic enquiry was much wider than the charges for which the criminal trial against the concerned workman was held. The management further bubmitted ilhat ac- cording to the settled principle cf law the employer is free to hold domestic enquiry over the very same charge even if a Workman is acquitted by the Criminal Court. Accordingly the management has prayed for passing an Award rejecting the claim of the concern- ed workman.

4. The points for decision in this reference are :—

"Whether the action of the management of Central Coalfields Ltd. P.O. Jharkhand. Ditsrict Hazaribagh in dismissing from ser- vice Shri Meghan Mahato is justified ? If not. to what relief the workman is entitW t o ?"

DECISION WTTH REASONS

5. It is the specific claim of the manasemenr that the concerned workman was a Mechanical Hi-ipc-r. No evidence on the part of the concerned workman !' forthcoming that he was a Dumper Operator. Tt is the allegation of the management that on 17-1-86 due to rash and negligent driving of the Damper Bear- ing No. 1358 the concerned workman knocked down 3. Th# management on the contrary after filing W.S.-cum-rejoindcr has denied all the claims and allegation which the concerned workman asserted in his W.S. The management submitted that the concern- ed workman was employed as time rated worker in Jharkhand Colliery and his duty at that relevant time wbs to discharge the duties of mechanical helper. He was not required to operate Dumper and he was never authorised to operate the same. On 17-1-86 he was deployed on duty in the mechanical quarry of Jharkhand Colliery in second shift commencing from ?. P.M. to 10 P.M. At aboii* 8.30 P.M. he unautho- risedly and without any permission or instruction of his superiors took out the dumper bearing No. 1358 which was stationed near the shovel for use in main- tenance and repair of the '-aid shovel and drove it outside the quarry. He took the said Dumper in the 'said manner from Liayo Chowk to Jharkhand work- shop for his personal reasons. While driving the said Dumper from Liayo Chowk to Jahrkhand Workshop (he knocked down one Sri Baleswar S'ngh who at that time was Dassinti through the road drivine h's mnior cycle. The management submitted that when (be above accident came to the notice- of the management the concerned workman was issued with a charsesheet dnteri 21-1-86 by the Project Officer/Agent, [ mo UnrUnnd Project'CoHierv. In spite of receiving chargesheet the concerned workman did nor consider6823 _"""4 THE GAZETTF OF INDT A : NOVEMBER 17, 2001 'KARTIKA 2rt, 3923 [PART H —S I X. 3(ii)J with the principles of natural justice. In the reM>H,v the following Award is rendered :—

"The action of the management of Central Coal- fields Ltd., P.O. Jharkljand, PiMrict Hazari- bagh in dismissing from .service Shri Mcghrn Mahato is justified. The concerned work- man is not entitled to get any relief."

B. BISWAS, Pit\sidinc OlJkvr nf faM>, l f l V ^ T, 2001

^i . Wi 31 e 7.—sfWrf-W faf^i? w f w f s w, 1 9 4 7 ( 1 9 47 Tf 1 4) TV tfi*T 1 7% iff*,"¹"! K, % , ^K f'f 1 0 - 1 0 - 2 0 01 *'f S r -i | Vi 'ill I

[H . n-f- 2 0 0 1 2/ 3 8 6 /9 2-TTI "J ?I'I ? ($T-1) ]

ni{ n?f. "t^*., ^T TfN'V New Delhi, the ] 9th October 2001 S.O. 3167.—In pursuance of Section 17 of the Industrial Disputes Act 1947 (14 of 1947), the Central Government hereby pub- lishes the award of the Centra] Government Fndiisiri.'il Tribunal, No. 2 Dhanbad as show.i in the Annexure in the Industrial Dispufc bet- ween the employers in relation to the manage- ment of ECL and their workman, which was received b\ the Central Government on 19-10-2001."

[No. L-200I2;3"6i92-JR(C^)]

S. S. GUPTA, Under S:cy.

ANNEXURE

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

PRESENT

Shri B. Biwas, Presiding Officer In the matter of an Industrial Dispute under Section )<)(])(d) of the TD Act., 1947.

Reference No. 201 of 1993

PARTIES :

Employers in relation to the management of E,C, Nirsha.

AND

Their Workman

APPEARANCES :

On behalf of the employers.—Shri B. Mukherjec. Secretary, Bihar Colliery Kamgar Union.

On behalf of the employers.—Shri B. Joshi- Advocate.

STATE : Jharkhand. INDUSTRY : Coal.

Dated, Dhanbad, the 9th October, 2001

AWARD

The Govt, of India, Ministry of Labour, in exercise of the powers conferred on them under Section 10(1 )(d) of the I.D. Act., 1947 has referred the following dispute to this Tribunal for adjudication vide their Order No. L-20012(386)192-1.R. fCoal-T), dated, the 18 22-11-93.

SCHEDULE

"Whether the action of the management of M's. Eastern Coalfield Ltd. Nirsha Area in relation to their Hariajam Colliery in nv;<;tenrr> of i r" indus- trial dispute henvern the parlies presentlv, B. R7SWAS Preq'din

[No. L-24012/146/S6-D.IVB(C-I)l

S. S. GUPTA, Under Secy.

ANNEXURE

BrFORH THE C h N i R AL GOVERNMENT INDUSTRIAL TRIBUNAL (NO 2) AT DKANBAD

PRESENT

Shri B. Biswas, Presiding Officer

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

Reference No. 153 of 1987

PARTIES :

Employers in Ielation to the management of Bhowra (SI Colliery of M|s. Bharat Coking Coal Ltd. mid their workman

APPEARANCES :

On bi half of the workman : Shri S. N. Goswami.

Advocate.

On behalf of the employers : Shri H. Nath, Advocate.

STATE : .lharkhand. INDUSTRY : Coal.

Dated, Dhanbad, the 8th October, 2001

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under Section 10(1 )(d) of the I.D. Act, 1947 has referred I he lollowmg dispute lo this Tiibunal for adjudica-

(5825 tion vide thur Order No. L-24012( I46)|86-D. IV (B), dated, the 26th May, 1987.

SCHEDULE

"Whether the action of the Management in not gelling the workman examined by the Medical Buurd before 1-7-82 when his case was id erred to the Medical Board on 24-5-82 anj not giving employment to the dependant o! the workman on the basis of the lccommendation of the Medical Board undci clause 10 4 3 of NCWA-II is justi- fied ? If not, what relief the workman concerned is entitled ?"

2. The case ol the concerned workman according to the W.S. in brief is as follows :—

T he concerned workman submitted that he was peimanent employee of Bhowra (S) Colliery Area No. XI of M >. BCCL and worked in the capacity of Pump Operator. He submitted further that during the peiiod of his employment he became seriously ill due to uncurablt- disease of permanent nature and for which he subtitled h'^ prayer for his medical exami- nation, Aeeoidingly the management referred him to the MtdicaJ Board .it Goyah Nagar dispensary on 26-5-82, On that day after being examined by the medic \\ board lie vwis declared unfit for duty and the said medical board communicated their rex>rt to the management vide letter No. 'GM-PFR XI|82| 4215-17 dl. 17-2-82. 'Ihe concerned workman sub- mitted that according to the provision of clause 10.4.3 of NCWA-II he submitted several representa- tions lor employment of his dependant due to his peimanent disablement in his place in the colliery, bur the management did not pay any heed to his representations. He submitted lhat according to the provision of paia 10 4.3 of NCWA-II the dependant of an employee is legally entitled to the benefit of employment in the colliery in place of the concerned workman if he is declared unfit due to his permanent disability. As the management inspite of knowing the specific provision of (he said agreement ignored to provide any employment to his dependant due to his permanent disi,b;litv he finding no other way raised an industrial dispu'c which resulted reference to this Tribunal.

3. The management on the contrary after filing W.S.-cum-rejoindcr has denied all the claims and allegations which the concerned workman asserted in his W.S. The management submitted that the con- cerned workman was superannuated from his service with effect from 1 -7-82. Just one month before the date of MiperannirUion the concerned workman was referred to the medical boaid vide letter dt. 2 4/ 25-5-82 on the basis of his leprescntation. The Medical Board examined the concerned workman on 7-7-82 and declared him unfit for duty but by that da.e the concerned workman was already super- annuated from his service and for which there was no question to provide any employment to his de- pendant according to the provision of para 10.4.3 of NCWA-II. The management further submitted that as ihe said medical board's report was received by the managen ent long after the date of superannuation of the concerned workman there was no scope on (heir part to consider the same. The management 1'mthci submitted udrtiitiing the provision as laid down6826 THE GAZETTE OF INDTA : NOVEMBER 17, 2001/KARTIKA 26, 1923 [PARF II—SEC. 3(ii)] in para 10.4.3 of the NCWA the case of the con- cerned workman was not b; fitting one where employ- ment oi his son couJd be considered. Accoidingly the management has, prated for passing an Award rejecting the cJaim ol the concerned workman.

4. The points lor consideration in this reference

arc :—

"Whether the action of the Management in not getting the workman examined by the Medi- cal Board before 1-7-82 when his case was referred to the Medical Board on 24-5-82 and not giving employment to the depen- dant of ihe workman on the basis of the lecomrm-ndaLJon of the Medical Board undei Clause 10.4,3 ol NCWA-11 is justi- fied '.' 11 not, what relief the workman concerned is entitled'?"

DECISION WITH REASONS

Board. In the said Board the concerned workman was medically examined and after his medical exami- nation they submitted report. The report during evidence of this witness was marked as E\t. M-l. This witness further disclosed that they advised for ceitain investigation and final result was kept reserved subject to consultation of the said invesigation report. The medical repoits during evidence ot this witness were marked as Ext. M-2. After that the next medical board was held on 7-7-82 consisting of the same members along with another Dr, N. N. Kundu. After consulting investigation report the medical board submitted their final report and the said report during evidence of this witness was marked as Ext. M-3. I have consideied the documents marked as Exts. M-l to M-3 and I have also considered Ext. W-l and W-2, Considering the medical report I find that the concerned workman was declared unfit per- manently, The report was signed on 7-7-82 though the concerned workman was examined on 23-6-82. It is therefore seen that just a few days before the date of his superannuation the concerned workman was declared unfit permanently. It is the contention of the concerned workman that as he was declared medically unfit permanently by the medical board, aceording to para 10.4,3 of NCWA-11 the manage- ment is liable to give employment to his dependant son. I have consideicd the provision as laid down in para 10,4.3 which speaks as follows :—

"Para 10.4.3 :—Employment to one dependant of a worker who is permanently disabled in his place.

(i) The disablement of the worker concerned should arise from injury or disease, be of a permanent nature resulting into loss of employment and it should be so certified by the Coal Company concerned.

(ii) The dependant to be considered for employ- ment should be physically fit and suitable for employment and aged below 35 years." 5. It is seen that the management in order to substantiate his claim examined two witnesses while the concerned woikman declined to examine any witness in support of his claim. Here the moot question is whether the dependant of the concerned workman is legally entitled to get employment accord- ing to the provision as laid down in para 10.4.3 of NCWA-II. There is no dispute to hold that the con- cerned workman was a, permenent employee under the management. He was a Pump Operator, There is i"o dispute to hold that his date of superannuation was on 1-7-82. It is the contention of the concerned workman that in course of his employment he became seriously ilJ and for which it became very much difficult on his pan to carry on his normal work. The disease was permanent in nature and uncurable. He submitted several ^presentations before the manage- ment with lequcsl to send him before the medical board for h'.s medical examination but the manage- ment did not consider necessary to respond to his representation. In course of hearing the concerned workman has failed to produce a single copy of re- presentation m support ol his claim that long before his date of superannuation he made representation for his medical examination before the management. As such just on the basis of the claim made in the W.S. I do not find any scope to uphold his submission. It has been admitted by the concerned workman that in response to his representation the management issued necessary order to the Medical Board for medical examination of the concerned workman during later port of May, l"82. In response to the instruc- tion the concerned workman attended the said medi- c'l board and he submitted that the medical board after his due examination declared him unfit. MW-1 who is a Specialist Radiologist posted in the office of th: Chief Medical Officer during his evidence dis- closed that the concerned workman was directed by the Manager Bhowra (Souih) Colliery for appearance before the Medical Board at Koyala Bhawan on 26-5-82. In spite of that specific direction instead of appearing before the Medical Board on the date fixed the concerned workman appeared on 23-6-82. This witness further disclosed that the medical board which examined the concerned workman was consisting of Dr. B. K. Scnguptn as Chairman and Dr. P. K. Dutta, Ex-President of f.M.A. a permanent member of the Board. This witness alsc was a member of the said

The management in course of hearing did not deny this provision but submitted that they obtained the medical report after the concerned workman was super- annuated from his service. The medical report Ext. M-3 speaks clearly that it was signed by the doctors oi the Medical Board on 7-7-82. It is further seen that only 7 days prior to the date of his superannua- tion the concerned workman was finally examined by the Medical Board. Before that date the medical board did not find any teope to draw any conclusion about the nature of ailment suffered by the concerned work- man and also to dia>v conclusion if the concerned workman was sii(lenn£. from any incurable disease which is permanent in nature. They had to rely on certain investigations and after obtaining these inves- tigation report and also consulting the same the doctors of the medical board opined that the concerned v/orkman was suffering from incurable diseases and their finding to that effect was written in the report on 7-7-82. It is seen that the concerned workman though declared medically unfit on 7-7-82 was in his employment continuously upto the date of his super- annuatioin. No cvidience on the part of the concerned workman is forthcoming before this Tribunal to the effm that due to his serious ailments he was unable to perform his job regularly. No medical papers are6827 also forthcoming belore this Tribunal on the part of the concerned workman actually how long he was suffering fiom such disease. Para 10.4.3 speaks clearly that consideration of employment to the dependant members of the concerned workman will be consi- dered by the management if the workman is dcci-ir.d unfit permanently during his service period. Here Uic picture is quite unle.xnl. I do not want to raise uny dispute about the ailment of the concerned workman which he was suffering from prior to his date of superannuation but it is seen that inspitc of such ail- ment he continued to work till the date of his super- annuation. It is lurther seen that the concerned work- man was declared unfit after his superannuation. Therefore, the provision of para 9.4.3 of NCWA is- not attracted in this case. 1 have every sympathy for the concerned work- man but T am constrained from giving any relief to the concerned workman as per provision of NCWA-11 because of the fact that he was not declared medically unfit prior to his date of superannuation. In view ct the facts and circumstances discussed above J do not find any scope to give any relief to the con- cerned woikman. In the result the following Award is rendered :—

"The action of the management in not getting the workman examined by the Medical Board before 1-7-82 when his case was referred to the Medical Board on 24-5-82 and not giving employment to the depen- dant of the workman on the basis of the recommendation ol the Medical Board under Clause 10.4.3 of NCWA-II is justi- fied. Consequently, the concerned work- man is not entitled to get any relief."

B, BISWAS, Presiding Officer New Delhi, the 17th October, 2001 S.O. 3169.—In pursuance of Section 17 of the In- dustrial Dispute Act, 1947 ( 14 of 1947), the Cen- tral Government hereby publishes the awaid of the Central Government Industrial Tribunal I Labour Court Balngalore as shown in the annexure in the Industrial Dispute between the employers in relation 1o the management of Vijaya Bank and their workman, v/hieh was received by the Central Government on 16ih October, 2001.

[No, L-12OI2!186'93-IR(B-I1)J C. GANGADHAUAN, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBLNAL-CUM-LABOUR COURT "SHRAM SADAN"

III Ma|in, III Cross, II Phase, Tumkur Road, Yesn\n anthpur, Bangalore.

Dated : 91 h October, 2001

PRESENT :

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

CGIT-CUM-LABOUR COUR'l, BANGALORE

C.R. No. 41/94

I PARTY

The General Secretary, Dharwad District Bank Employees' Association,

9, Corporation Building, Broadway, .HubJi-580020. (M. Ramrao-Gcnl. Secretary). II PARTY

The Divisional Manager, Vijaya Bank, Regional Office, Lamington Roatd, Hubli-580020. (Advocate-B. C. Prabhakar),

AWARD

1. The Central Government by exercising the powers conferred by clause (d) of sub-section 2A of the Section 10 of the fndustrial Disputes Act, 1947 has referred this dispute vide order No. L-12012|186 93-rR(B-in dated 1 hh April 1991 for adjudication on the following schedule-

SCHEDULE

"Whether the management of Vijaya Bank, Hubli is justified in stopping the annual in- crement that accrued to Shri Shcshu Shctty, Clerk with effect from 1-11-1991 and in deducting loan instalments from his subsis- tence allowance ? If not, what relief is the said workman entitled to ?"

2. The first pa^ty was worVns with the Second Party. The Management stopped the annual incre- ment and¹ therefore, the dispute is raised.

3. Parties appeared and filed Claim Statement and Counter respectively.

4. The case of the firs' party in brief is as follows:

5. This dispute is filed by the General Secretary, Dharwad District Bank Employees Association, Broad- way, Hubli on behalf of the workman.

(i. Tl is the case of the union tha' Mr. Shcsh S. Shettv has been Member of the first "party and Mr. S. S. Shetty joined the service? of the Second parly bank on 10-11-1 f)75 at Ahmedabad Di\isinna1 Office and worked at different places. He was granted08-8 1HE GAZETTE OF INDIA : NOVEMBER 17, 2001/KARTIKA 2o, 1923 [PART II—SBC. 3(ii>] his first annual increment on rG-1 1-1976 as per the provisions ol Bipartite Settlements and that was continued each year.

7. It is the further ca;>e of the union that the work- man was suspended on J l - l l - i y yi by order dated 9-11-1991 on some unrounded allegations, in a biaped, manner. Fh-,L party union workman was entitled lor subsistence allowance as alleged in para 4 of the Claim Statement and he was not given. The management deducted sundry amounts trom his sub- sistence allowance without the consent of the work- man. First party union requested the management not to ^deduct any amount but the management did not iis- terT to the submissions. First party was entitled lor an- nual increment from 1-L1-1991 which i> prior to tne date ot his suspension effective from IJ - J1-1991. But the myinagement illegally withhold the annual incre- ment due to the workman, lhe stoppage of incre- ment is illegal. First party union has prayed to pass award in its favour.

8. The ease ol the Second party in brief is as follows,

9. It is true that lhe first party workman joined the services on 10-11-75 and he was promoted as Clerk w.c.f. 15-2 1930.

10. Tt is the case of the management thait from 25-7-1987, first party union workman was working at Bankapur Branch, Huhli. Ft is true that the incre- ments arc gramted to the employees on annual basis and¹ the same will be released on satisfactory dis- charge of duties and is not automatic.

11. The case of sanctioning increment

14. Regarding Subsistence Allowance it is sub- mitted iiut ail me employees wno aie working in the second party bank have their individual savings bank account opened in the branch where they work. The individual WJIKIIUUI operate then accounts a|nd the salary of each mdivduai workman would be credited to their account every month. The subsistence allowance payable to the suspended em- ployees is also credited to their savings Bank Account, lhe first party workman was paid the subsistence allowance every month. The first party workman has availed loan and had given irremovable undertaking to collect|debit from his account towards the loan instalments payable to the bank. As such, the bank is collecting the loan instalments from the first party concerned workman ,"n terms of the irrccovablc under- taking given the first party workman out ot his SB Account. The action of the management is fully legal.

15. It is further case of the management that the dispute is not legally and properly espoused by the first party union. In paras. 13 and 14 ol the Counter it is sa]id that the union has no right to raise this dis- pute. Management for these reasons and for some other reasons has prayed to reject the reference.

16. It is seen from the records that woikman got examined himself as WWl and the management exa- mined one witness. T have heard the arguments and perused all the documents carefully.

Ciir-9

Workman has stated in his cross examination 'hat no deduction is made from subsistence allowance.

21. In mv opinion the contention of the manage- ment that during suspension period tbr increment is not given Is correct and there u no merit in this reference. Accbrdinqly T proceed to pass the following order:

ORDER

The reference is rejected

(Dictated to PA transcribed bv her corrected and signed by me on 9th October 200 M.

V. N. KULKARNT, Presiding Officer TVL-V\ Delhi, the 19th October, 2001 S.O. 31 70.-In pursuance of Section 17 of the Industrial Disputer Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Government Industrial Tribunal/Labour Court, Chennai as shown in the annexurc in the Industrial Dispute between the employers in relation to the management of Indian Bank and their work- man, which was received by tin- Central Government on 17-10-01.

[No. L-12011,211 /2000-1R (B-TI)l C. GANGADHARAN, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHENNAI

Friday, the 5th October, 2001

PRESENT :

K. Karthikeyan, Presiding Officer

industrial Dispute No. 02/2001

(In the matter of the dispute for adjudication undo/ clause (d) of Sub-section (1) and Sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947), between the Workman Smt. K. Vijaya and the Management of Indian Bank, Chennai.)

BETWEEN

The General Sccretaiy,

Indian Bank Employees Union,

Chennai.

. .I Party/Claimant

AND

"I he General Manager,

Indian Bank, Chennai. . . II Party/Management APPEARANCES:

For the Claimant : Mr. K. J. Arunachalam.

Authorised Representative.

For the Management : M/s. King and Partridge.

Advocates.

The Government of India, Ministry of Labour in exercise of powers conferred by clause (d) of Sub- section (1) and Sub-section 2(A) of Section 10 of Industrial Disputes Act, 1947 (14 of 1947), have referred the concerned Industrial Dispute for adju- dication vide Order No. L-12011/211/2000/IR(B-II) dated 27-11-2000.

When the matter came up before me for final hear- ing on 12-09-2001, upon perusing the Claim State- ment. Counter Statement, the other material papers on record, the documentary evidence let in on cither side and upon hearing the arguments of learned coun- sel on cither side and this matter having stood over till this date for consideration, this Tribunal has passed the following :—

AWARD

The Industrial Dispute referred to in the above order of reference by the Central Government for adjudication by this Tribunal is as follows :—

"Whether the non-promotion of Smt. K. Vijaya, Part-time Sweeper to Clerical Cadre by the Management of Indian Bank is legal and justified ? If not, what relief is the work- man entitled to ?"

2. The averments in the Claim Statement of the I Party/Claimant arc briefly as follows :—

The General Secretary of the Indian Bank Emp- loyees LTnion has raised this industrial dispute espous- ing the cause of the workman Smt. K. Vijaya and filed the Claim Statement. The I Party /Claimant Union (hereinafter referred to as the Petitioner) has alleged in the Claim Statement that the concerned workman Smt. K. Vijaya is a member of the Peti- tioner Union ;ind working as a permanent part-time weeper at the Pallipat branch of the Respondent/ Bank since I-10-81. She was in the subordinate staflf cadre and drawing scale wages as applicable to her as per Bipartite Settlement. Her services are governed bv settlements between the Federation of Indian Bank Employees Union and the management of Indian Bank, the TT Parfv herein. She is working as a Sweeper at the Pailipat branch. She studied B.A. course prl-6830 THE GAZETTE OF INLJTA : NOVEMBER 17, 2001/KARTIKA 26, 1923 [PARI II—SEC. 3(ii)l vatcly and appeared tor examination conducted by D. R. Ambedkar University, Hyderabad and has come out successful. On getting the degree certificate, she represented to ihc Management oil 5-4-98 to register her qualification in the records of the bank. She has also prayed the ll Party/Management (hereinaftei referred to as Respondent) to promote her to the clerical cadre as per the subsisting Settlement. The Respondent have entered irtlo a promotion policy settlement with the Federal Body of the Petitioner Union, the Federation of Indian Bank Employees Union on 7-j 0-93 covering the promotions to award staff members in the bank to higher cadre posts and the said settlement is still subsisting and binding. Under Part III, Clause 4 of that Settlement, the sub- staff cadre employees who after joining the bank have graduated themselves or completed CATTB (both parts) will be promoted immediately. One Sri Moham- med Jehangir who was working as permanent part time sweeper at Nallakunda branch of the Respon- dent/Bank was promoted to clerical cadre on his graduation and was posted to Darulshafa Branch. While so, the denial of the same privilege to the workman Smt K. Vijaya amounts to discrimination to her right to promotion. The said action of the Res- pondent/Management is a clear violation of Article 14 of the Constitution of Tndia and all other legal provisions governing the service conditions of the workman. Hence, an award may be passed holding that the action of the Respondent/Bank jn not pro- moting the concerned workman Smt. K. Vijaya to clerical cadre in recognition of her graduating herself is unjustified and direct the Respondent/Bank to pro- mote the concerned workman as Clerk with effect from the date of her claim and also to grant all mone- tary benefits with continuity of service and other attendant benefits.

3, The averments in the Counter Statement of the IT Partv/Indian Bank Management are briefly as follows :—

Peon which term is generally called as sub-staff. As per Government of India, Ministry of Finance letter dated 21-11-1980, the opportunity is given to perma- nent part-time sweepers only to equip them in foe day-to-day work relating to banking transactions and to prepare themselves for further career progression. The part-time sweepers are not covered by promotion policies of Settlement. The promoiton policy shall not be applicable to the sweepers. The Respondent /Bank enteis into periodical settlement regarding promotion policy with the recognized Employees Union. These policies were meant for the clerical staff and the sub- ordinate cadre staff who are associated with the day- to-day function of the bank and not applicable to tfic- sweepers. Sweeper will be considered for promotion in the promotion process stated earlier unless they were given intra-cadre posting as Peon as per the Career Path Policy applicable to sweepers. Usually, the basic qualification for applying for direct Officers in Bank is graduation. But, post of the new recruits in clerical cadre are graduates and by virtue of beinj; a graduate, he is clerical stafl cannot claim the post of an Officer as a matter of right. Promotions to van- on- -cadreslgmdes are considered depending upon the requirement of the bank and the competency of the person to hold such posts. As such, the claim of Smt K Vijava who is still waiting in queue to get her intra-cadre posting as Peon-sub-staff is premature and is not in consonance with the Promotion Policv Settle- ments and the system followed in the bank. During 1995, the Respondent/Bank was giving promotion in various category based on the recruitment. At that time, the Andhra Pradesh Unit of the Petitioner Union made a representation admitting the fact that the pro- motion policy of the bank does not provide for pro- motion to sweepers, requested the Bank Management to consider the request of Jehangir for promotion (o clerical cadre as out of turn promotion. That was sympathetically considered and when the Bank cele- brated its funding day on 19-8-95 Mr. Mohamnud Jehangir was given out of turn promotion to clerical cadre, as a special case. Having secured promotion to Jehangir as a special case, that too as an ont of turn promotion, the Petitioner Unimi is try- in" to project the promotion to the sweeper cidiv ns p niflttpr of ripht of to Smt. K. Viiaya. There is no discrimination ns alWed in the Claim Statement. Promotion cannot be claimed as a matter of right and the same is based on the administrative requirement of the bank, eligibility vm] ^ompet^nry of the candidates for higher posts and the policies governing nationalized banks. As mch. there

4. When Hie matter was taken UP for enquirv. nei- ther partv hav let in anv oral evidence. Documents on either side were marked bv consent us FT W1 to W7 and Ml to M i l. The learnM counsel on either s'dc have advanced their respective arguments.