REGN. NO. D. L.—33001/99 The Gazette of India
PUBLISHED BY AUTHORITY
No. 5] NEW DELHI, SATURDAY , FEBRUARY 2, 2002/MAGHA 13, 1923 Separate paging is given to this Part in order that itmaybefiledasa
sépara te compilation
PART II —Section 3—Sub-Section (ii)
Statutory Orders and Notifications issued by the Ministries of the Government of India
(other than the Ministry of Defence)
(825)
210 GI/2002 --1826 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)l MINISTRY OF FINANCE
(Department of Revenue)
OFFICE OF THE DIRECTOR GENERAL OF INCOME-TAX (EXEMPTIONS) KolK'ta, the 7th December, 2001 (INCOME TAX)
S. O. 24!.—It is hereby notifîed for gênerai information that the organisation mentioned below has been approved by the Prescribcd Authority under Rule 6 of the Income-tax Rules, for the purpose of clause (ii) of sub-section (1) of Section 35 of the Income-tax Act, 1961 under the category 'Institution' subject to the following conditions :
(j) The organisation wi!J maintain separate books of accounts for its research activities ;
(ii) It will furnish the Annual Return of its research activities to the Secretary, Depart- ment of Scientific & Industriel Research "Technology Bhawan," New Mehrauli Road. New Delhi-110016 for every finan- cial year by 3Ist May of each year; and (iii) It will submit to the (a) Dircctor General of Income-Tax (Exemptions), Kolkata (b) Secretary, Departmen. of Scientific & Industria! Research, and (c) Commissioner of Income-tax/Director of Income-tax (Exemptions), having jurisdiction over the organisation, by the 31st October of each year, a copy of its audited annual accounts and also a copy of audited Income and Expenditure Account in respect of its research activities for which exemption was granted under sub-section (1) of Section 35 of Income-tax Act, 1961.
NAME O F T HE ORGANISATION : Man-Made Textiles Research Association, Near Market Téléphone Exchange, Ring Road, Surat-395002.
This Notification is effective for the following period :
From 1-4-98 to 31-03-99
Note : 1. Condition (i) above will not apply to organisations categorised as Association.
2. The organisation is advised to apply in triplicate and well in advance for further exten- tion of the approval to the Prescribed Authority through the Commissioner of Income-tax/ Director of Income-tax (Exemptions) having jurisdiction over the organisation. Three copies of the application for extension of approval should be sent directly to the Secretary, Department of Scientific & Industrial Research.
[No. 2089/F. No. DG/G-17/CAL/35 (i) (ii)/ 89-1 T (E)] T. K. SINHA, Jt. Director of Income-tax (Exemptions)827 (Central Board of Direct Taxes)
New Delhi, the 16th January, 2002 (INCOME TAX)
S. O. 242.—It is hereby notified for gênerai information that the organisation mentioned below has been approved by the Central Govern- ment for the period menîioned against their name, for the purpose of clause (ii) of sub- section (1) of section 35 of the Income tax Act, 1961, read \vith Rule 6 of the Income Tax Rules, 1962 under the category "Institution" subject to the following conditions :—
(î) The notified Institution shall maintain separate books of accounts for its research activities ;
(ii) The notified Institution shall furnish the Annual Return of its scientific research activities to the Secretary, Department of Scientific & Industrial Research, 'Techno- logy Bhawan', New Mehrauli Road, New Delhi-110016 for every financial year on or before 31st May of tach year ;
(îii) THU notiiio.1 Institution shail bubxuit, on Dohalf of the Central Government , to (a) the Director General of Income tax (Exemptions), 10 Middleton Row, 5th Floor, Kolkatta-700071 (b) the Secretary, Department of Scientific & Industrial Research, and (c) the Commissioner of Income tax/Director of Income tax (Exemptions), having jurisdiction over the organisation, on or before the 31st October each year, a cop> of its audited Annual Accounts and also a copy of audited Income and Expenditure Account in respect of its research activities for which exemption was granted under sub- section (1) of section 35 of Income tax Act, 1961 in addition to the return of income tax to the designated assessing officer.
Name of the organisation . approved
S. No
Period for which Notification is effective
1-4-2001 to 31-3-2004 Inter-University Centre for Astronomy & Astro- physics, P.B. No. 4, Ganesh Khind, Pune-411007
Notes : The notified Institution is adviscd to apply in triplicates and well in advance for renewal of the approval, to the Central. Govern- ment through the Commissioner of Income tax/ Director of Income tax (Exemptions) having jurisdiction. Three copks of application for renewal of approval shal] also be sent directly to the Secretary, Department of Scientific and Industrial Research.
[Notification No. 5/2002 (F. No. 203/39/2001/ ITA-IIVol. I)] SANGEETA GUPTA, Director (ITA.-II)828 THE GAZETTE ÔF INDTA : FEBRUA.RY 2, 2002/MAGHA 13, 1923 [PART II—SEG. 3<:ii)ij- (Department of Economie Affairs)- (Department cf Expenditure)
New Delhi, the 21 st January, 2002
(Banking Division) New Delhi, the 16th Januâry, 2002 S.O. 243.—In exercise cf the powers conferred
by sub-section (3) cf section 8 of the Providcnt Funds Act, 1925 (19 of 1925), the Central Government here- by adds to the Schedule to the said Act the name cf the following public institution, namely :—
"Indian Institute of Forest Management".
[No. 4(l> EV/95(1)]
MQHJNDER SINGH, Director
S.O. 245. -In continuation of this Department's Notification No. 15/5/95-TR dated< 1-1-1999 the appoirïtment of Shri Jagdev Singh Rosha, Clerk, Punjab & Sind Bank, B.O. j.anpath; New Delhi is continued as a Director on the Board of. Directors of Punjab & Sind Bank beyond, 31-12^2001. until his successor is appointed or uniii. he ceases to be a workrnan employée of Punjab & Sind Bank, which- ever is earlier.
[ F. No. 15/3/2000-IR] KRISHAN LAL, Under Sec y. New Delhi, the 21st January, 2002
S.O. 244.—In exercise of the pcwers confeired
New Delhi, the 17th January, 2002 by sub-section (2) of section 8 cf the Provident Funds Act, 1925 (19 of 1925), the Central Government here- by directs that the provisions of the said Act (except section 6A) sball apply to the Provident Fund estab- lished for the benefit cf the employées of the Indian Institute of Forest Management.
[No. 4(l.)EV/95 (II)]
MOH1NDER SINGH, Director
S.O. 246.—In pursuance of Sub-Rule (4) of the Rule 10 of the Officiai Language (use for Officiai purpose of the union) Rule, 1976, the Central Govern- ment hereby notifies the following office, under the administrative control of Ministry of Finance, Depart- ment of Economie Affairs, where of more, than 80% of staff hâve acquired working knowledge of Hindi :— Name of the Company :
The Oriental.Insurance Company Limited, Régional Office, Pune.
[No. 11O13/12/2OÔO-H:I.C. ] S. SOUNDJER RAJAN, Under Secy.
829New Delhi,' the 17th January, 2002- ' "
S. O. 247.—In exercise of tho powers conferred by Section 55 of the Banking Régulation Act, 1949- (10- of 1949)j the Central Govornr, o^, on. recommendations of the. RCSCJVC Bank, i£ India hereby déclare that the provisions of Sub- section (1) and (2) of Section lOBof the said Act, shall not, apply to the Benares State Bank Étti. for a> period of four months- fnom; 27 November 2001 to 26 March, 2002 or till the appointment of a regul&r Chairman ancd Chief Executive Officer: for that bank, whidlevers is earlier.
[F. No. 13/5/2001-BOA (I)]
D. CHOUDHURY, Under Secy.
New Delhi, the 21 st January, 2002
S. O. 249.—In exercise of the powers conferred by Section 5~3 read with Section 56 of the Banking Régulation Act, 1949 (10 of 1949), the Central Government on recommandation of the Reserve Bank of India déclares that the provisions of Section 31 of the said Act read1 with Rule 10 of the Banking Régulation (Co-operative Soci- eties) Rules, 1966 shall not apply to Shree Sharada Sahakari Bank, Pune insofar as they relate to the publication of the Balance sheet and profit and loss account for the year ended 31 March, 2000 with trie Auditors' Report in the newspaper.
[F. No. l(29)/2001-AC] L. C. TOORA, Under Secy.
New Delhi, the 17th. January, 2002
S. O. 248—In exercise* of the powers conferred by Section 53 of the Banking Régu- lation Act, 1949 (10 of 1949), the Central Govern- ment, on recommendations of the Réserve Bank of India hereby déclares that the provisions of Sub-seotion (9) of. Section 10 B of the said Act, shall not, to the extent tbey preclude the bank from appointing a person to carry out the duties of the Chairman and- Chief Executive Officer beyond a period exceeding four months, apply to the Benares State Bânk Ltd. from.27 November, 2001 ta 26th March, 2002 ar till the appointment of, ajregular Chairman and Chief Executive Officer for thaï bank, whichever is earlier.
[P. No.' 13/5/2001-BOA (II)]
D. CHOUDHURY, Under Secy.
;U,1 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 (PART II—SEC. 3(ii)]MINISTRY OF HEAVY INDUSTRY AND PUBLIC ENTERPRISES
(Department of Heavy Industry) New Delhi, the 8th January, 2002 S. O. 250.—In pursuance of sub-rule (4) of rule 10 of the Officiai Language (Use For Officiai Purposes of the Union) Rules> 1976, the Central Government hereby notifies the following Offices whereof more than 80% of staff hâve acquired the working knowledge of Hindi :—
]. Bharat Heavy Electricals Limited, Tarana Shivpur, Varanasi (U. P.) 2. Bharat Heavy Electricals Limited, Power Sector, Nothern Région, Post Box No.-55, NOIDA-201301 (U. P.)
3. Bharat Yantra Nigam Limited..
15/1, Tharnhill Road, Allahabad.
[No. E. 11012/1/2001-Hindi] J. P. SHUKLA, Dy. Secy.
MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce)
New Delhi, the 16th January, 2002
S.O. 251:—Tn exercise of the powers conferred by the Sub-section (1) of Section 7 of the Export (Qua-, lity Control and Inspection) Act, 1963 (22 of 1963) the Central Government hereby recognises, for a fur- ther period of three years, with effect from 21-10-2001 M/s. J.B. Boda Surveyors Pvt. Ltd. ,located and havin g their registered office at Veekay Towers, Ist FIOOT, Kulur Ferry Road, Kulur, Mangalore-575013, as an- Agency for the inspection of Minerais and Ores , (Group-I), Iron ore only, specified in the Schedule annexed to the Government of India, Ministry of Co- mmerce Notification number S.O. 3975, dated 20th December 1965, prior to'expbrt, subject to the following conditions, namely :—
(i) that M/s J.B. Boda Surveyors Pvt. Ltd., Man- galore shall give adéquate facilities to the officers nominated by the Export Inspection Council in this behalf to examine the method of inspection followed by them in granting the certificate of inspection under Rule 4 of the Export of Minerais and Ores (Group 1), (Inspection) Rules, 1965;
(ii) that M/s. J.B. Boda Surveyors Pvt. Ltd., Man- galore in the performance of their function under this notification shall be bound by such directives as the Director (Inspection and quality Control) may give in writing from time to time.
[File No. 5/1/2002-EI&EP]
RAJS1NGH- Dy. Secy831 New Delhi, the 16th January, 2002
New Delhi, the 16th January, 2002 S.O. 252.— In exercise of the powers conferred by Sixb-section (1) ôf section 7 of the Export (Quality Control and Inspection)- Act, 1963 (22 of 1963), the Central Government hereby recognises, for a further period of three years, with effect from 14-08-2001, M/sSGS India Private Ltd,, locafed and having their registered office at 443, 1 st Floor, Anna Salai,-Teynampet, Chennai-600018, as an Age- ncy for the inspection of Minerais and Ores Group-I, specified in Schedule annexed to the Government of India, Ministry of Commerce Notification number 3975 dated 20 December 1965.. prior to export, Sub- ject to the following conditions, namely :—
S.O. 253.— In exercise of the powers conferred by Sub-section (1) of section 7 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963), the Central Government hereby recognises, for a fur- ther period of three years, with effect from 14-08-2001 M/s SGS India Private Ltd., located and having their registered office at 443, Ist Floor, Anna Salai, Teynampet, Chennai-600018, as an Agency for the inspection of Organic Chemicals, specified in Schedi!- le annexed to the Government of India, Ministry of Commerce Notification number S.O. 1197 dated 15ih April, 1966, prior to export, subject to the following conditions, namely :—
(i) that M/s SGS India Private Ltd., Chennai shail give adéquate facilities to the officcrs nominated by the Export Inspection Council in this behalf to examine the method of ins- pection flollowed by them in granting the certificate of inspection under rule 4 of Ex- port of Minerais and Ores( Group-I) (Inspec- tion) Ruîes, 1965;
(ii) that M/s SGS India Private Ltd., Chennai in the performance of their function under this notification shall be bound by such directives as the Director (Inspection & Quality Con- trol) may give in writing from time to time.
[File NO.5/3/2002-EI&EP]
(i) that M/s SGS India Private Ltd.., Chennai, shall give adéquate facilities to the officcrs nominated by the Export Inspection Council in this behalf to examine the method of ins- pection foliowed by them in grantirg the certificate of inspection under ruîe 4 of Ex- port of Organic Chemicals (Inspection) Rr.lcs,, 1966;
RAJSINGH.Dy. Sccy,832 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)] (ii) that M'Î : î '. '. Pnvate Ltd., Chennai, fo owing entries shall be added, namely :—
17. Ban^alore University, Bangalore
BDS Bangalcre •University, Bangaloj-e.
in the performance of their function under this notification shall be bound by such dire- rcctivcs as the Director (Inspection & Qua- lity Control ) may givc in writing lïom timc to time.
[File No. 5/3/2002-EI&EP]
RAJ SINGH, D.y. Secy
Bachelor cf Dental Surgery The above qualification in respect cf BDS studeirts of Sri Siddhartha Dental Collège, Tumkur shall be recognized if grâitted on or .after ."-10-1996.
[No. V. 120-18/33,/2001-PMS] S, K. RAQ, Director (ME)
New Delhi, the 14th January, 2002
S. O. 255.—In exercise of the pewers conferred by sub-section (2) of sectien 10 of the Dentists Act, 1948 (16 çf 1948), the Central Government, after consultation with Dental Coimcil of India, hère by makes the follcwing amendments in Part-I of the Schedule to the Said Act, namely:—
MIN'ISTRY OF HEALTH AND FAMILY WELFA.RE
Jn Part-I of the Schedule against Sériai Number 47, and the entries relating thereto, the following entries shall be added, namely :—
(Department cf Health)
New Delhi, the 14th lanuary, 2002
47. Rajiv Gandhi UnAwer&ity cf Health Sciences, Bangalore
BDS Rajrv Gandhi University cf Health Sciences, Bangalore.
Bachelor of ©entai .Surgery The above qualification in respect ofBDS students of Sri Siddartha Dental Collège, Turrrkur shall be teoog- •fi'ized if granted on or after 31-12-2001.
S. O. 254.—In exercise cf the powers conferred by sub-sectien (2) cf sectien 10 cf the Derrtists Aot. 1948 ,(16 cf 1948), the Central Government, after xcnsultaticn with Dental Council of India, hereby -makes the ^ollcwing amendments in Part-I cf the Schedule to the said Act, namely ;—
[No. V. 12018/33/2001-PMS] S. K. RAO, Director (ME) In Part-I of the Schedule against Sériai Number 17., and the en tries relating thereto, the833 3" Sfcfe DiviSioflàl £njfein&rr C-DW, Oiw}8f|. .•'.•:
4. Sub Divisional Engineer, Group, Sabnoor
5. Sub Divisional Engineer, RanebanoOr
6. Central Telegraph Office SFMSS, Hubli
7. Sub Divisicnal Engineer, Bldg./PP, Hubli
8. Sub Divisional Engineer, Bankapur Chowk,
Hubli
9. Sub Divisional Engineer Phones, Dharwad
10. Distt. Telecom. Training Centre, Hubli
11. Sub Divisional Engineer E-10B. Dharwad
12. Sub Divisional Engineer, MARR, Hubli
{No. £. 11016/1/99 (O.L,)]
KAILASH DUTTA, Dy. Director (O. L.) M1NISTRY OF COMMUNICATIONS
(Department of Télécommunications)
(Officiai Language Section)
N*-w Delhi, the I4th January, 2002
S. O. 256.—In pursuance of rule 10 (4) of the Officiai Language (Use for Officiai purposes of the Uftion), Rules, 1976, the Central Government hereby nctffies follcwing cffices under the admi- nistrative cohtrol of Ministry of Ccmmunicaticns, Department of Télécommunications whereof more thân 80% staff hâve acquired working knowledge of Hindi.
Chief General Manager Telecom. BSNL Karnataka
Circle Bangalore-560008
1. Department Telegrapg Office, Gadag
2. Sttb Divisicnal Office, Telegraph Traffic,
Gadag 210 GI/2002—2834 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SKC. 3(n)l
MINISTRY OF CHEMICALS AND FERTILIZERS
New Delhi, the 17th January, 2002 S. O. 257.—In exercise of the powers conferred by section 3 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971), the Central Government hereby appoints the Deputy General Manager, Fertilizer Corporation of India, Ltd., Sindri Unit, being an officer équivalent to the rank of a gazetted officer of the Government, to be. an Es ta te Officer for the purposes of the said Act, and for that purpose makes the following further amendments in the notification of the Government of India in the Ministry of Works and Housing, number S. O. 394 dated, the lOth February, 1998, namely :-
In the said notification, in the. Table, against sériai number 9, for the existing entries in column (1). the following entries shall be substituted.
namely :—
"Deputy General Manager,
Sindri Unit,
Fertilizer Corporation of fndia Limited, Sindri".
[F. No. 76/1/200 l-HR-I]
P: K. WADHWA, Dy. Secy.
Note '—The Principal notification was published in the Gazette of India vide number S. O. 394 dated 10-2-98 and subsequently amended vide S. O. 870 dated 3-3-1972, S. O. 4586 dated 21-8-85, S. O. 1697 dated 28th July, 1992 and S. O. 2180 dated 26-7-1995.
New Delhi, the 17th January, 2002 S. O. 258.—In exercise of the powers conferred by section 3 of the Public Premises (Eviction of Urtauthorised Occupants) Act, 197J (40 of 1971), the Central Government hereby appoints the Officer mentioned in column (1) oi' the Schedule below, being an officer équivalent to the rank of a gazetted offirer of the Govern- ment, to be an Estate Officer for the purposes of the said Act who shall exercise the powers conferred and perform hi's duties imposed on the Estate Officers by or undoi the said Act, within the hmits of his jurisdiction in respect of the public premises specified in the corresponding entry in column (2) of the said Schedule.
Schedule
Désignation of the Officer Catégories of Pubi Premises and loca Limits of jurisdiction
(2)
(1J
Chief Administrative Officer, Rashtriya Chemi- cals and Fertilizers Limited, Thaï Un Thaï, Alibag, District Raigad, Mahavashtra
Premises belonging to or taken on lease by or on behalf of Rash- triya Chemicals and Fertilizers Limited for its Thaï Unit located at Thaï Boris, Vaishet and Gutigis Villages and Township located at Kurul, Veshvi, Chendhare, Kihim, and jBamansure village in Raigad District of Maharashtra.
[F. No. 82/4/200 l-HR-I]
P. K. WADHWA, Dy. Secy.
835210 GI/2002—3 ^c Ull G V . t ni OMNI)[\ FhBÎUJAin 2 •Oi).'A1,K>HÀ i . \ 'i ;)'i>,U .-„. •> ui,l MIN1STRY OF CONSUMER AFFAîRS, FOOD ANÏ) PUBLIA DIS'I RUHITION
( Department of consumer Affuirs)
N ew D e l h i, t he I K ib J : i n n a i\ >OiVi
S . O . 2 5 9 — W l k - r j a .s I hc r e n t r ai G ;n d u r e nt a ! ! e r c o n v d n ; i i t >, I ht r e p or s u b i n i i U ' i) K- U IN t i ) e p H " - Lf> b ed .1 >• l l i o r m. I-. s a l i s i i cd t l ul t he n i o d el d e s t n b cd 11. i hc s a id r c p o it ( s ev l 10 i i g . i u- f , . v cn b e l ow 1 is m u m f o r n u iv v \ i )h i hc p ' o v i s u i i ' s of t he S t a i i d n i x l s ol W c i g h l s a nJ M e a s u r cs A cl l')7(> K>!*">1" l! |'<") a u d t i i; S t a n d a r ds ci" W e i p l M s a nd M c < i s u r -s ' A p p i o v. i of M o d c l s" i u l e s. i Wi a nd i hc sa kl n i o d el is likt.!> 10 ' i M ' n t . nn i ls , > c c n r a c\ o \ er p e n o ds ol M i ^ l a n ud l ' sc a nd iV i t n d cr a c c u t a tc s c r x i c :1 i i i u i e r x a n cd c o n d i t i o ns
N o \ \. i h e r c f o î c. "n t \ ^ n . i sc ol v lu p o w . is ".onlVirod bs - n i' •-ivUr"! ( 7) o* ^ c t t i on ^(> n i ' i i n. >, mt \t î. i lu '\ n ' i. i ! rt: ( ( '0 1 id . ">?l) - i () l ' on J - d o " i\ i v o i ' Si h ' s i . - j ' U, ' I O . II N o . c a, ' • * ^v K j i i i j .1, l " ' i l> 1 l e U ru n. l i u lr i n ai t o i p u i a i i o i i) mv
- i's ip p'i% is a fenction o' the distance t n n c l l ed and iength oi'timc iKCiipied below a certain speed jF No WM-21(214)'2'H)i PA KRISHN \ M O O R 1 HY Dncctor ! ogal MctroUv' ↩
New Delhi, the 18th January, 2002
S.O.260.—Whereas the Central Government, after considenng the report subrruited to it by the prescnbed authonty, îs satisfîed that the model descnbed in the said report ( fhe figure given below) îs in conformity with the provisions of the Standards of Weighi s and Measures Act, 1976 (60 of 1976) and the Standard of Weights and Measures ( Approval of models) Rules, 1987 and the said model îs likely to maintain Us accuracy over periods of sustamed use and to render accurate service under varied conditions ,
Now, therefore, m exercise of the powers conferred by Sub-section (7) of Section 36 of the said Act, the Central Government hereby pubhshes the Certificate of approval of the model of the non-Automatic weighmg instrument with digital indication belonging to Médium accuracy (Accuracy class III) of ' ' APS ' ' senes and vv ith brand name ' ' ATCO ' ' (herein referred to as the model), manufacturedby M/s Atcome Technologies, 6A Lalwani Industnal Area, 14, G, D Ambedker Road, Wadala, Mumbai-400031 and which îs assigned the approval mark IND/09/2001/150,
The said model ( the figure given) îs a non-automaic weighmg instrument with digital indication The maximum capacity is 200 gm and and minimum capacity of 2 gm The value of vérification scale înierval (e) îs lg It has a tare device with a 100 percent substractive retained tare effect The Light Emitting Diode (LED) display mdicates the weigh- îng resuit The instrument opérâtes 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 déclares, that this certificate of approval of the Model shall also cover the weighing instruments of similar make accuracy and performance of same senes with having maximum capacity upto 50kg and with number of vérification scale (n) în the range of 100 to 10,000 for 'e' value of 100 mg to 2 g and with number of vérification scale interval (n) m the range of 500 to 10.000 for 'e' vale of 5g or more and with 'e' value 1 * 10k, 2* 10k and 5x 10k, k being a positive or négative whole number or equal to zéro manufactured by the same manufacturer with the same pnnciple, design and with the same materais with which, the approved Model has been manufactured
|F No WM-21(65)/2001]
P A KRISHNAMOORTHY. Director, Légal Metrology839 ;*(> HH i > A /' . i u ! \> \ ! |>, UM ! i .. ,
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' i I v I n> i < * n M I I M I11 i i M K •' Further, in exercise of the powers conferred b> Sub-secuon (12) ot Section Mi of the said Act the Central Government hereby déclares that this certificate of appro\al of the Model shall also cover the weighing instruments of similar make, accurac> and performance of saine séries with haung maximum capacit\ upto 50kg with number of venfication scale interval (n) in the range ]00 to 1000 for'e \alueof lOOmg to2g and witli number of\cnfificatton scale interval (n) in the range of 500 to 10,000 for V value 5g or moreand with 'c' \aluc 1> 10k 2><10kand5<10k k bemg a positive or négative whole number or ^qual to zéro manufactuied b\ the same manufacturer with the samc principle, design and with the samc matenals with which, the approx ed Model has been manufactured
|F No WM-21(65)/2001]
P A KRISHNAMOORTHY. Dirtctor, Légal Mctrologv H4 i842 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3 (ii)]
New Delhi, the 18th January, 2002
S. O. 262.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by Sub-section (7) of Section 36 of the Said Act, the Central Government hereby publishes the certificate of approval of the Model of the non-automatic weighing instrument (Table Top type) belonging to High Accuracy (Accuracy class II) of 'TT' séries with brand name "TUKA weigh" (herein referred to as the Model), manufactured by M/s Calibrate India, 233, Shastri Market, Indore (Madhya Pradesh)-452001 and which is assigned the approval mark IND/09/2001/153;
The said model (the figure given) is noti-automatic weighing instrument. The maximum capacity is 22 kg and minimum capacity of 100g. The value of vérification scale interval (e) is 2g. It has a tare device with a 100 percent substractive retained tare effect The Light Emitting Diode (LED) display indicates the weighing resuit. The instrument opérâtes 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 déclares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of saine séries with having maximum capacity upto 50kg with number of vérification scale with interval (n) in Ihe range of 100 to 100.000 for 'e' value of lmg. to 50 mg and with number of vérification scale interval (n) in the range of 5000 to 100,0uu ior 'e' value 100 mg. or more and with 'e' value lxlOk, 2 x 10k and 5 * 10k, k being a positive oi négative whole number or equal to zéro manufactured by the same manufacturer with the same pnnciple, design and with the same materials with which, the approved Model lias been manufactured.
|F No WM-21(67)/2000]
P. A. KRISHNAMOORTHY, Director, Légal Metrology843 210GI/2002—4844 THE GAZETTE OFINDIA. FEBRUARY 2, 2002/MAGHA 13. 1923 [PART II—SEC 3 (n)]
New Delhi, the 18th Januarv, 2002
S. O. 263 .—Whereas îhe Central Government, after considenng the report subimtted to ît by the prescnbed authonty, îs satis?"4 *hat the mode, -^scnbed in the said report (see the figure given below) îs in conformitv with the provisions of the Standai^s of Weights ana Measures Act. 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of Models) Rules, 1987 and the said Model îs hkeb, to maintain îts accuracy over penods of sustamed use and to render accurate service unae. ' aned 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 weighmg instrument (Table Top type) of 'TP' séries with brand rame ' "TUKA weigh' ' belonging to Médium Accuracy (Accuracy class III) (herein referred to as the Model). manufactured by M/s Calibrate India. 233, Shastn Market, Indore (Madhya Pradesh)-452001 and which îs assigned the approval mark IND/09/2001/154,
The said model (the figure given) îs non-automatic weighing instrument The maximum capacity îs 10 kg and minimum capacity of 20g The value of vérification scale interval (e) îs lg It has a tare device with a 100 per cent substractive retained tare effect The Light Emitting Diode (LED) display mdicates the weighing resuit The instrument opérâtes 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 déclares that this certificate of approval of the Model shall also cover the weighing instruments of similar make accuracy and performance of same séries with havmg maximum capacity upto 50kg and with number of scale interval (n) in the range 500 to 10 000 fore' value equal to or more than 5g w ith 'e value 1 * 10k, 2 x 10k and 5 x 10k, k t i ^a posluvè or n e g aL whole number or equal to zéro manufactured by the same manufacturer with the same pnnciple, design and with the same matenals with which, the approved Model has been manufactured
[F No WM-21(67)/2000]
P A KRISHNAMOORTHY, Director, Légal Metrology845 846 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II-—SEC. 3 (ii)]
New Delhi, the 18th Januaiy, 2002
S. O. 264 .—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfïed 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 conferredby 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 Médium accuracy (Accuracy Class III) of 'TP' séries with brand naine 'TUKA WEIGH' (herein referred to as the model) manufactured by M/s. Cablibrate India, 233, Sastri market, Indore (Madhya Pradesh)-452001 and vvhich is assigned the approval mark IND/09/2001/155;
The said model (the figure given) is non-automatic weighing instrument The maximum capacity is 50 Kg and minimum capacity of 100 g. The value of vérification scale interval (e) is 5 g. It has a tare device with a 100 per cent substractive retained tare effect. The Light Emitting Diode (LED) display indicates the weighing resuit the instrument opérâtes 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 déclares that this certificate of approval of the Model shall also cover the weighing instruments of similar make. accuracy and performance of saine séries with having maximum capacity upto 5000 Kg. and with number of vérification scale interval (n) in the range 100 to 10.000 for 'e' value 100 mg to 2 g and with number of vérification scale interval (N) in the range of 500 lo 10.000 for 'e' value of 5g or more and with 'e' value 1x10 k, 2x10 k and 5x10 k k being a positive or négative whole number or equal to zéro 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(67)/2000]
P.A. KRISHNAMOORTHY, Director, Légal Metrology847 848 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13.. 1923 [PART II—SEC. 3 (ii)]
New Delhi, the 18th January, 2002
S. O.265 .—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the mode! 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 conferredby sub-seciion (7) of section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the Model of the non-automatic weighing instrument (table top type) belonging to High accuracy (Accuracy Class II) of'PRT'séries with brand name 'PRIDE' (herein referred to as the model) manufactured by M/s Harsiddh Industries, 275, Bombay Talkies Compound, Opp : Pritam Plastics, Malad (W), Mumbai-400064 and which is assLgned the approval mark IND/09/2001/135;
The said model (the figure given) is non-automatic weighing instrument (Table top type). The maximum capacity is 10kg and minimum capacity 50g. The value of vérification scale mterval (e) is lg. It has a tare device with a 100 percent substractive retained tare effect. The Light Emitling Diode (LED) display indicates the weighing resuit the instrument opérâtes 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 déclares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same séries with having maximum capacity upto 50 mg. and with nubmer of vérification scale interval (n) in the range of 100 to 10,000 for 'e' value 1 mg to 50 mg and with number of vérification scale interval (n) in the range of 5000 to 100,000 for 'e' value of 100 mg or more and with 'e' value 1x 10k, 2x l0k and 5 x 10k k being a positive or négative whole number or equal to zéro manufactured by the same manufacturer in accordance with the same principal, design and with the same materials with which the approved Model has been manufactured.
[Fille No. WM-21 (69)/2001]
P. A. KRISHNAMOORTHY Director, Légal Metrology849 850 THE GAZETTE OF [NDIA : FEBRUARY 2, 2002/MAGHA 13. 1923 [PART II—SEC. 3 (ii)]
New Delhi, the 18th January. 2002
S. 0.266 .—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) Rulcs. 1987 and the said Model is likely to maintain its accuracy over periods of sustained use and to c • : >.x uraie =•( .-vice under varied conditions;
Now, therefore. m exercise -jf 1he powers conferredby 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 médium acenracy (Accuracy Class III) of 'PRP' séries with brand name 'PRIDE' (herein referred to as the model) manufactured by M/s Harsiddh Industries, 275, Bombay Talkies Compound, Opp : Pritam Plastics, Malad (W), Mumbai-400064 and which is assigned the approval mark IND/09/2001/136;
The said model (the figure given) is non-automatic weighing instrument. (Platform type). The maximum capacity is 60kg and minimum capacity 200g. The value of vérification scale interval (e) is 10g. It has a tare device with a 100 percent substractive retained tare effect. The Light Emitting Diode (LED) di splay indicates the weighing resuit the instrument opérâtes on 230 volts, 50 Hertz altemate 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 déclares that this certificate of approval of the Model shall also cover the weighing instruments of similar make, accuracy and performance of same séries with nubmer of vérification scale interval (n) in the range of 500 to 10,000 for 'e' value of 5 mg or more with number of vérification scale division (n) less than or equal to 10,000 (n< 10,000) and with 'e' value of l*l()k. 2><10l and 5><10k, k being a positive or négative whole number or equal to zéro manufactured by the same manufaelurer in accordance with the same principal, design and with the same materials with which the approved Model has been manufactured.
[File No. WM-21 (69)/2001]
P.A. KRISHNAMOORTHY, Director, Légal Metrology851 210GI/2002—5852 THfc C3AZETTF, O!" IND1A FEBRUARY 2, 2UO2/MAOHA 11. 19? \ \\>MU II - S w. Mu)!
New Delhi, the IKth January, 2002
S.0.267,—Whcrcas the Central Government, "fier considering the report submiticd to it by the prcKcribcd authority. is satisfied that the model deseribed in the said report ( the figure given below) m in conformity "uh the provisions of t he Standards of Weights and Mcasurcs Act, 1976 (60 of J 976) and the Standards of Weights and Mcn&urus ( Approval of Modcls) mies. 1987 and the said model isiikely to mainiain its accuracy over periods of stistaincd use ami to render accuratc service under varied conditions;
Now, thereforc, in exercise of the powers eonferred by sub-section (7) of Section 16 "fihe ssaid AGI, the Contrai (iovernnient hereby publishes the certiflcatc of approval of the model of the Taxi meter with digital display of "CiM- 2001 '' séries and with brand namc "CiOLDEN'" (herein after referred IO as the model) mannfactured b>' M/s Kvvnng Jucn I & C Co. Ltd., 229-K) pon 2-donj>. Kang buk-gw, Séoul Korea, (402 Kang buk Electronic Industries Corporation) and Markctcd by M/s Socunty Tniders \h/i. llnd Hoor. Jhandcwalan extension, New Delhi-110055. and which is assignée! the approval mark IND/09/2001/I86.
The model ( the ligure given) is an Taxi meter with digital display incorporated with a distance and time mcasuring device. It totalize continuously indieates the fare al any moment of the journey, charges payable by passonger. The fare to pay is a fonction of the distance travclled and length of time occupied below a certain speed
[F.No. WM-21(86)/20011
P.A. KRISHNAMOORTHY, Director, Légal Metrology853 854 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3 (ii)]
New Delhi, the 18th January, 2002
S.O. 268.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfîed that the model described ia 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 Mea- sures (Approval of Models) raies, 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-seclion (7) of section 36 of the said Act, the Central Government hereby publishes the certMcate of approval of the mode! of the Taxi meter with digital display of ' 'NS- 2000" séries and with brand name "NEW STAR" (herein after referred to as the mcdel) Manufactured by M/s Kwang Juen I & C Co. Ltd., 229-10 Pon 2-dong, Kong buk-gu, Séoul Korea, (402 Kang buk Electronic Industries Corporation) and Marketed by M/s Security Traders 1E/2, Und floor, Jhandewalan extension, New Delhi-110055, and which is as- signed the approval mark IND/09/2001/Î87;
The mode! ( the figure given) is an Taxi meter with digital display incorporated with a distance and time measuring device. It totalize continuoulsy indicates the fare at any moment of the journy, charges payable by passenger. The fare to pay is a fonction of the distance travelled and length of time occupied below a certain speed.
[F. No. WM-21(86)/2001]
P.A. KRISHNAMOORTHY, Director, Légal Metrology855 '•>!" I l l i- < . A ^ l - r U ' or I N I S IA (•I-IM-.-HAHY '• - M H î ' i / M A U UA i ' i ' " . 'i
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P A KR1SHNAMOOUTUY. Diicctor. Légal Mclrology8^7 858 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13. 1923 [PART II—SEC. 3 (ii)]
New Delhi, the 18th January, 2002
S.O.270.—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 givën below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Wetghts and Mea- sures (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 variée! conditions ;
Now, therefore, in exercise of the powers conferred by Sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the Certificate of approval of the model of the non-Automatic weighing instrument (Table Top type) t-elonging to Médium accuracy (Accuracy class III) of "TP-1" séries (herein referred to as model), manufacturedby M/s. CAS Weighing India Private Limited, 568, Udhyog Vihar, Phase-V, Gurgian, Haryana-122016 and which is assigned the approval of Model mark IND/09/2001/126;
The said model (see figure) is a non-automatic weighing. The instrument with a maximum capacity is 30 kg. and minimum capacity of 200g. The value of vérification scale interval (e) is 10g.. It has a tare device with a 100 percent substractive retained tare effect. The light emiting diode display indicates the weighing resuit. The instrument opérâtes on 230 voltes. 50 hert/ allcrnite current power supply;
Further in exercise of the powers coaferred by Sub-section (12) of Sou ion 3<> ol the said Act, the Central Government herebv déclares that this certifïcate of approval of the Model shall also cover the "cighing instruments of similar make accuracv and performance of same séries having maximum capacity 50 kg. with number of vérification s ï ïe dMsTon (n) in the range of 100 to 10,000 for 'e' value of 100 mg to 2g. and with number of vérification scale interval (n) in the range of 500 to 10.000 for 'e' value 5g. or more and with 'e' value 1 * 10k, 2* 10k and 5* 10k, k bong a positive or négative whole number or equal to zéro manufactured by the same manufacturer with the same pnnciple, design and with the same materials with which. the approved Model hasbeen manufactured.
[F.No. WM-21(10)/2000}
P. A. KRISHNAMOORTHY, Director, Légal Metrology859 210GI/2002—6860 THE GAZETTE OFINDIA FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC 3(II)]
New Delhi, the 18th January, 2002
S.O. 271.—Whereas the Central Government, after considenng the report submitted to ît by the prescnbed authonty, îs satisfied that the model descnbed in the said report (see the figure given below) îs 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 îs hkely to maintain îts accuracy over penods of sustained use and to render accurate service under vaned conditions ,
Now, therefore, m 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 instru- ment (Table Top type) belonging to High accuracy (Acuracy class II) of 'MW-F séries (herein referred to as the model), manufacturée by M/s CAS Weighing India Pnvate Limited, 568, Udhyog Vihar, Phase-V, Gurgaon, Haryana- 122016 and which îs assigned the approval of mark IND/09/2001/127,
The said model (see figure) îs a non-automatic weighing instrument with a maximum capacity îs 120 g and minimum capacity of 0 2g The value of \enfication scale interval (e) îs 0 01g It has a tare device with a 100 percent substractive retained tare effect The hght emitting diode display indicates the weighing resuit The instrument opérâtes 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 déclares that this certificate of approval of the Model shall also cover the weighing instruments of similar make accuracy and performance of &ame senes with having maximum capacity upto 50 kg with number of vérification scale (n) m the range of 100 to 100,000 for 'e' value of 1 mg to 50 g and with number of vérification scale interval (n) in the range of 5000 to 100,000 for 'e' value 100 mg or more and with 'e' value 1 * 10k, 2* 10k and 5* 10k, k being a positive or négative whole number or equal to zéro manufactured by the same manufacturer with the same pnnciple, design and with the same matenals with which, the approved model has been manufactured
[F No WM-21(10)/2000]
P A KRISHNAMOORTTTY, Director, Légal Metrology861 862 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)]
New Delhi, the 18th Januaiy, 2002
S.O. 272.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the Model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Mea- sures (Approval of Models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by the third proviso to sub-section (3) and Sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the certificate of approval of the model of the dispensing measure of 'FL300' séries (herein after referred to as the model) manufactured by M/s. Fairline Engineering Company 27, Valbhav Industrial Estate. Sion, Trombay Road, Deonar, Mumbai-400088 and which is assigned the approval of Model mark IND/09/2001/86;
Tlu said model is a d i s p e n sa measure with a capacity of 300ml. It dispenses oil to the perset measure. The device cons1Sts of one storage tank to store the oïl and a cahbratedjar assembly. The control value attached tojai: assembty is uscd to fill o,l to the required level. The comprcsscd air pushes the oil upto nozzle The oil huge ,s connected to actual nozzle through oil adopter It opérâtes on 220v/2îi)v single phase AC supply
[F. No. WM-21(34)/2001]
P A. KRISHNAMOORTHY, Director, Légal Metrology863 864 THE GAZETTE OFINDIA:FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)]
New Delhi, the 18th January, 2002
S.O. 273.—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 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 Certifïcate of approval of the model of the non-automatic weighing instrument (Milk weigher PJatform type) belonging to médium accuracy (Acuracy class III) of ' D XV séries with brand name 'DILIGENT' (herein referred to as the model), manufactured by M/s. Corona Systems, Swant Plaza First floor, S. No. 21/2 Balaji Nagar, Near Dhakwadi Petrol Pump, Pune-411043 and which is assigned the approval mark IND/09/ 2001/156;
The said model (the figure given ) is non-automatic weighing instrument (Milk weigher Platform type).The maximum capacity is 300 kg. and minimum capacity 2kg. The value of vérification scale interval (e) is 100g.. The Light Emîting Diode (LED) display indicates the weighiung resuit. The instrument opérâtes 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 déclares that this certificate of approval of the model shall also cover the weighing instruments of âmilar make, accuracy and performance of same séries with maximum capacity upto 5 tonne and with number of venfi- S T s c a le interval ^ in the range 500 to 10,000 for 'e' value 5 g. or more and wrtb/e' value of ixlOk, 2*10k and 5x 10k, k being a positive or négative whole number or equal to zéro manufactured by the same manufacturer in accor- dance Jith the same principle design and with the same materials with which, the approved model has been manufac- tured.
[F. No. WM-21(36)/2001]
P. A. KRISHNAMOORTHY, Director, Légal Metrology865 866 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)]
New Delhi, the 18th January, 2002
S.O. 274.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, is satisfied that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions ;
Now, therefore, in exercise of the powers conferred by Sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the Certificate of approval of the model of the self indicating non-automatic, (Table top type) weighing instrument with digital indication of " S P B" séries of high accuracy (Accuracy class II) and with brand name "SANWAY" (herein referred to as the model), manufactured by M/s. Sanway Electronics, No. 3/1, 2nd floor, lst cross, Commercial street, Bangalore-560 001 and which is assigned the approval mark IND/09/2001/102;
The said model (see the figure) is a weighing instrument with the maximum capacity of 1100 g. and minimum capacity of 5g. The vérification scale interval (e) is lOOmg.. It has a tare device with a 100 per cent substractive retained tare effect. The Light Emiting Diode display indicates the weighiung resuit. The instrument opérâtes on 230 volts and 50 hertz alternate current power supply;
Further in exercise of the powers conferred by Sub-section (12) of said Section the Central Government hereby déclares that this certificate of approval of the model shall also cover the weighing instrument of similar make accuracy and performance of same séries with maximum capacity upto 50 kg. and with number of vérifi- cation scale interval (n) in the range of 100 to 1,00,000 for 'e' value of 1 mg. to 50mg. and with number ofvanfîcation scale interval (n) in the range of 5000 to 100,000 for 'e' value of lOOmg. or more and with e value 1 * 10k, 2x 10k and 5x 10k k being a positive or négative whole number or equal to zéro manufactured by the same manufacturer in accodan in accodance with the same principle design and with the same matenals with which, the approved model has been manufactured.
[F. No. WM-21(41)/2001]
P. A. KR1SHNAMOORTHY, Director, Légal Metrology867 210GI/2002—7868 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)]
New Delhi, the 18th January, 2002
S.O. 275.—\Vl..r*as the Central Onvernment, after considering the report submitted to it by the prescribed authority, is satisfîed that the .-nndel described r. the said report (see the figure given below) is in conformity with the provisions of the Standards of Weig'ts and Measures Act, 1976 (60 of 1976) and the Standard of Weights and Measures (Approval of Models) Rules, 1987 and the Zdiâ 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 Certif icate of approval of the model of the self-indicating non-automatic (Table top type) weighing instrument with digital indication of "STT" séries of high accuracy (Accuracy class III) and with brand name "SANWAY" (herein referred to as the model), manufactured by M/s. Sanway Electronics, No. 3/1,2ndfloor, lst cross, Commercial street, Bangalore-560 001 and which is assigned the approval mark IND/09/2001/103;
The said model (see the figure) is a weighing instrument with the maximum capacity is 15kg. and minimum capacity of 40g. The vérification scale interval (e) is 2g. It has a tare device with a 100 per cent substractive retained tare effect. The Light Emiting Diode display indicates the weighing resuit. The instrument opérâtes on 230 voltes, 50 hertz alternate current power supply;
Further, in exercise of the powers conferred by Sub-section (12) of said Section the Central Government hereby déclares that this certificate of approval of the model shall also cover the weighing instruments of similar make accuracy and performance of same séries with maximum capacity upto 50 kg. and with number of vérifica- tion scale interval (n) in the range of 100 to 1,00,000 for 'e' value of lOOmg to 2g. and with number of varification scale interval (n) in the range of500 to 10,000 for 'e' value of 5g. or more and with 'e' value lxlOk, 2><10kand 5*10k, k being a positive or négative whole number or equal to zéro 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(41)/2001]
P. A. KRISHNAMOORTHY, Director, Légal Metrology 869 ~870 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)]
New Delhi, the 18th January, 2002
S.O. 276.—Whereas the Central Govemment, after considering the report submitted to it by the prescnbea authority, is satisfied that the Model described in the said report (see the figure given below) îs 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 Ihe Certificate of approval of the model of the self-indicating, non-automatic, (Platform type) weighing instrument, with digital indication of "SPF" séries of Médium Accuracy (Accuracy class III) and with brand name 'SANWAY' (herein referred to as the model), manufactured by M/s. Sanway Electronics. No. 3/1, 2nd Floor, lst Cross, Commercial Street, Bangalore-560 001 and which is assigned the approval of mark IND/09/ 2001/104;
The said Model (see the figure) is a weighing instrument with the maximum capacitv of 60kg. and minimum capacity of 200g. The vérification scale interval (e) is 10g.. It has a tare device with a 100 percent subslractive rctained tare effect. The Light Emitting Diode display indicates the weighing resuit. The instrumewni. opérâtes on 230 voiles, and 50 Hertz alternate current power supply;
Further in evercise of wi: jxiwers cuHcm cl Ir '•u.> section (12) of the said Section the Central Go\anmenthereb> déclares that thnUilifi"iU c> / p n^ i! u Ihc Mocbl shall also cover the weighing instruments of snnilar make. accuracj and perfbmuniu oi sani.; ,nies with maximum capacity upto 5 tonne and with number of \enfication scale interval (n) in the rang. Or500 to lu.000 for *e" value of 5g. or more and with 'e' value l*10k. 2*10k and 5* 10k k being a positue or négative wholc number or equal to zéro manufactured by the same manufacturer in accordance with the samc principe n and mth the same matenals with which, the approved Model has been manufactured.
[F No. WM-21(41)/2001]
P. A. KRISHNAMOORTHY, Director, Légal Metrology871 872 THE GAZETTE OFINDIA FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC 3(II)]
New Delhi, the 18th January, 2002
S.O. 277.—Whereas the Central Government, after considenng the report submitted to ît by the prescribed authonty, that the model descnbed m the said report ( see the figure given below) îs m 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 îs hkely to maintain îts accuracy over penods of sustained use and to render accurate service under vaned 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 Ceniral Government hereby publishes the certificate of approval of the Model in respect of Automatic filhng machine (piston filler) of "Master fïl-servomaster" S-5500 AE séries (herein referred to as model), manufactured by M/s Masterfil Limited, #17, Farmbrough close, Stock Lake, Aylesbury. Buckinghamshire, England, HP 20 EDQ and marketed m India by M/s Shree Engineering Co C 202/203, Kailash Esplanade, L B S Marg, Ghatkopar (West) Mumbai-400086 and which îs assigned the approval of model mark IND/09/2001/87,
The model îs a Automatic weighing machine (Piston filler) The maximum capacity îs of 5500ml The mini- mum capacity îs 50ml It îs used foi filhng lubncants of vanous grades The rate of fillmg îs 40 to 80 bottles per hour It opérâtes on alternate three phase current power supply-440V 50Hz
[F No WM-21(56)/2001]
P A KRISHNAMOORTHY, Director. Légal Metrolog}873 K74 IHEljAZtTïF ( I 1KDÎ\ sTBrl{ AJ^ : >oO?/M VIH A ;, ><__; [P\R- I I- SH- 3dn]
New M lu. t... 'S i jmiuiv 2002
S.O. 278.—Whereis th<; Csntni GcHerninem, arLr considermg the report submitted to it by the prescnbed authonty, that the model desciibed m lie saia "cpoit (see the figure given below) îs in conformity with the provisions of the Standaids of Weights and Vu-a^res AU, 1-)"6(Su oi l ) n-,) and the Standard of Weights and Measures (Approval of models) Rules 1987 and AM- s nd model s likHv 10 minif ir >'S accnrac> o\er penods of sustamed use and to render accurate service undei \ane ( "om'itiois ,
Now, th-refote. in exercise of the pcmrr<.conferredb\ sub section (7) of Section 36 of the said Act, the Central (Jovernment herebv pubhshes the Ccrtificatc ef approval of the model in respect of Automatic filling machine (weigh f Jler) of "Packa^c-WF sencs with digital indication and uith brand name "PACKAGE ' (hercin referred to as the i î o d e l ), m a n u f a t ' i u c i i tn M /s PD S ! ? ' •• S v s t c m ( J n d i a ) P n t d K -I f -i A n m i C o l o nv B i b a w a di P u n c - 4 1 1 0 37 a nd w h i c h is assigned the nppi "..i M ModiJ rtr .k 1N'D/OV/:OO:/I4T
The mod;l is a \utomatic iilhng matbme (wu^h Plicr'do^ing I"unip) T h, ni,)chn>f ran be adjusted to delrver ,m\ range between 20g to ">000p, ot equnlariï ^^."i U ran Mi ^ ponctua ,XJ nai.ute (maximum) The machine is designcdtoMfieefio\vjngp>odi;ts£uchaspul-^s uun îiake- t!" p;,grains ^pi.vv lea sug,j\nce, seeds œnfectionary, biscuits etc It opérâtes on M) \o!î 50 Hert< altemate -aMCu, po^ei suppiv The displa\ is of Light Emitting Diod hpe
[F No WM-21(60)/2001]
F A KRISHNAMOORrm.Director, Légal Metrolog>875 210GI/2002—8876 THE GAZETTE OFINDIA FEBRUARY 2, 2002/MAGHA 13, 1923 PART II—SEC 3(ii)] New Delhi, the 18th January, 2002
S.O. 279.—Whereas the Central Government, after considenng the leport subimtted to ît by the presenbed authonty, that the modw ucscnbed in the v."1 report ( see the figure given below) îs in conformity with the provisions of the Standards of Weights and i/^sures Act, 197c '60 of 1976) and the Standards of Weights and Measures (Approval of models) Rules, 1987 and the said i,*""lel îs likely to maintam îts accuracy over penods of sustained use and to render accurate service under vaned conditions,
Now, therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act, the Central Government hereby pubhshes the Certificate of approval of the model in respect of autornatic filhng machine (auger filler) of "Package-AU" séries with brand mme "PACKAGE" (herein referred to as the model), manufactured by M/s Package System (India) Pnvate Ltd, 24, Anant Colony, Bibawadi, Pune-411037 and whiefa îs assigned the approval of model mark IND/09/2001/142,
The model is a Automatic filhng machine (auger filler dosing Pump) The machine can be adjusted to deliver any range between 2g to 1000g or equivlant volume It can fill 30-35 pouches per minute (maximum) The machine is designed to fill non-free flowing products such as milk powder, coffee powder, wheat flour, ground spices, pharmaceutical powder, tooth powder. chemicals products etc lt opérâtes on 230 volt, 50 Hertz alternate current power supply
[F No WM-21(60)/2001]
P A KRISHNAMOORTHY, Director, Légal Metrology877 878 THE GAZETTE OF INDIA . FEBRUARY 2, 2002/MAGHA 13. 1923 [PART II—SEC. 3(ii)] New Delhi, the 18th January, 2002
S.O. 280.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions;
Now, therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act, the Central Government hereby publishes the Certificate of approval of the model in respect of automatic filling machine (cup filler) of ' 'Package-CF'' séries and with brand name ' 'PACKAGE" (herein referred to as the model), manufactured by M/s. Package System (India) Private Ltd., 24, Anant Colony, Bibawadi, Pune-411037 and which is assigned the approval of model mark IND/09/2001/141;
The model is a Automatic filling machine (cup filler dosing Pump). The machine can be adjusted to deliver any range between 2g. to 1000g. or equivlant volume. It can fill 20-30 pouches per minute (maximum). The machine is designed to fill free flowing products such as tea, spices, sugar, rice, sait, granules, détergents, pharmaceutical seeds, agriculture products etc. It opérâtes on 230 volt, 50 Hertz alternate current power supply.
[F. No. WM-21(60)/2001]
P A. KRISHNAMOORTHY, Director, Légal Metrology879 880 THE GAZETTE OF TNDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)] New Delhi, the 18th January, 2002
S.O. 281.—Whereas the Central Government, after considering the report submitted to it by the prescribed authority, that the model described in the said report (see the figure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Approval of models) Rules, 1987 and the said model is likely to maintain its accuracy over periods of sustained use and to render accurate service under varied conditions :.
Now, therefore, in exercise of the powers conferred by sub-section (7) of Section 36 of the said Act. the Central Government hereby publishes the Certificate of approval of the model in respect of automatic filling machine (gravi- métrie filler) of "Package-LF" séries with branc! name "PACKAGE" (herein referred to as the model), manufactured by M/s. Package System (India) Private Ltd., 24, Anant Colony, Bibawadi. Pune-411037 and which is assigned the approval of model mark IND/09/2001/140;
The model is a Automatic filling machine (gravi-metric filler). The machine can be adjusted to deliver any range between 50ml. to 1000ml. or équivalent weight. It can fill 15-20 pouches per minute ( maximum). The machine is designed to fill free flowing products non-viscous liquids products such as minerai water, milk, butter, arrack etc. It opérâtes on 230 volt, 50 Hertz alternate current power supply.
|F. No. WM-21(60)/2001]
P. A. KRISHNAMOORTHY. Director, Légal Metrology881 882 THE GAZETTE OF TNDTA FïïRRUAP.Y 1 7OO2/M4GHA 13,1923 [PART II—SEC. 3(ii)] New :; J; • .",•, :i •',: ianuan, 2002
S.O. 282.—Whereas the Centra! Go\ imitient, afbr considering the report submitted to it by the prescribed authority, that the mode! describcd ni the said /cporî (sec tîic fgure given below) is in conformity with the provisions of the Standards of Weights and Measures Act, 1*376 (60 of ï 9 76) and the Standards of Weights andMeasures (Approval of Models) Rules, 1987 and the said model is li&ely to mii:-.!&:> ns accuracy over periods of sustained use and to render accurate senice under v;.ned conditions ;
Now, thereforc. in exercise of the powers eonfeiiul by Sub-section (7) of Section 36 of the said Act, the Central Government hereby pubhshes the Certificate of appioval of the model in respect of automatic filling machine (piston filler/dosing pump) of "Package-PF" séries with brand naine "PACKAGE" (herein refenred to as Model) manufac- tured by M/s. Package System (India) Private Lid., 24, Anaut Colony, Bibawadi, Pune-411037 and which is assigned the approval of Mode! mark 1ND/O9/2OO1/13 9:
The Model is a automatic filling machine (piston filler/dosing pump). The machine can be adjusted to deliver any range between 3ml. to 2000ml. or equivlant weight. It can fill 16-18 pouches per minute (maximum). The machine is designed to fill products such as cdible oil. ghee, vanaspati. shampoo, grease. paint etc. It opérâtes on 230 volt, 50 Hertz alternate current power supply.
IF No. WM-21(60)/2001]
P. A. KRISHNAMOORTHY, Director, Légal Metrology883 210GI/2002—9884 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)] New Delhi, the 18th January, 2002
S.O. 283.—Whereab fhe Central GovtxPment, after considering the report submitted to it by the prescribed authority, is satisfied that the mouu, described in tne said report (see the figure given below) is in conformity with the provisions of the Standards of Weights ai.d 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 conferredby 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 ' 'NTT' ' séries of High accuracy ( Accuracy Class II) and withbrand name "NATIONAL" (herein referred to as model), manufactured by M/s. National Electronics, No. 55/56. Sai Kripa Society, Near Aman Society, Behind Jivan Jyoti Cinéma, Udhna, Surat-394210 and which is assigned the approval of mark IND/09/2001/173;
The said model (see figure) is a weighing instrument with a maximum capacity of 11 kg. and minimum capacity of 50g. The vérification scale interval (e) is lg.. It has a tare device with a 100 percent substractive retained tare effect. The light Emitting Diode display indicates the weighing resuit. The instrument opérâtes on 230 volts and 50 Hertz alternate current power supply;
Further, in exercise of the powers conferred by Sub-section (12) of the said section, the Central Government hereby déclares that this certificate of approval of the Model shall also cover the weighing instrument of similar make, accuracy and performance of same séries with maximum capacity upto 50 kg. and with number of vérification scale interval (n) in the range of 1,00 to 100,000 for 'e' value of 1 mg to 50 mg. and with number of vérification scale interval (n) in the range of 5000 to 1,00,000 for 'e' value of 100 mg. or more and with 'e' value 1 * 10k, 2 * 10k, 5 * 10k, k being the positive or négative whole number or equal to zéro, 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(62)/2001]
P. A. KRISHNAMOORTHY, Director of Légal Metrology885 886 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [Part II—-Sec. 3(ii)] [•fîl&ÎÙ T^-14014/20/01-'5ïWt]
MINISTRY OF PETROLEUM & NATURAL GAS
New Delhi, the 22nd January, 2002
S.O. 284—Whereas by notification of the
Government of India in the Ministry of Petroleum and NaturalGasNo. S.O. 1095(E),datedthe22ndDecember, 1998 as amended vide S.O. No 1106, dated the 16th May, 2001; S.O. 1094 (E), dated the 22nd December, 1998, as amended vide S.O. No. 1107, dated the 16th May, 2001 and S.O. 620(E), dated the 19th March, 2001, issuedunder sub-section (] ) of Section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act), the Central Government declared its intention to acquire the right of user in the land specified in the Schedule appended to thèse notifications for the purpose of laying the pipeline for transport of liquid petroleum gas through Kandla-Jamnagar-Loni Pipeline Project in the State of Rajasthan by the Gas Authority of India Limited;
And, whereas. copies of the said Gazette notifications were made available to the public on the 5th day of July 2001 and the 2nd day of April 2001, respectively;
And whereas the objections received from the public to the laying of the pipeline hâve been considered and disallowed by the Compétent Authority.
And, whereas the Compétent Authority has under sub-section (1) of Section 6 of the said Act submitted its report to the Central Government;
And whereas, the Central Government, after considering the said report and on being satisfied that the said land is required for laying the pipeline, has decided to acquire the right of user therein;
Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 6 of the said Act, the Central Government hereby déclares that the right of user in the lands specified in the Schedule appended to this notification is hereby acquired for laying the pipeline;
And, further, in exercise of the powers conferred by sub-section (4) of Section 6 of the said Act, the Central Government hereby directs that the right of user in the land for laying the pipeline shall, instead of vesting in the Central Government, vest on the date of publication of the déclaration, in the Gas Authority of India Limited, proposing to lay the pipeline and thereupon the right of such user in the land shall, subject to the terms and887 1 2 3 4 5 conditions so imposed, vest in the Gas Authority of India, free from ail encumbrances. Pindwara Bhanwri Sirohi 340 0.0640 SCHEDULE 343 0.0430 342
0.2600
District
Tahsil
Village
Survey No.
0.0255
354
0.1300
355
Landtobe
acquiredfor
R.O.U. in
Hectares
Total
0.3410
1
2
3
4
5
1992
2.1000
Bhanwri
ABU Road
ORE
0.3410
Sirohi
3
0.4240
1364
1304
1.9650
Total
0.3410
0.7040
1993
Kiverli
979
0.1980
849
0.1220
5.1930
Total
• 963
0.3300
0.1440
2033
Dhanari
1197
0.0150
0.2720
2032
Total
0.6650
0.1440
2039
0.1630
2014
Tartouli
398
0.1030
0.0400
0.0950
2027
395
394
0.1742
0.1560
2015
0.1188
386
0.1200
178
0.4276
387
0.0100
179
0.0475
396
0.1360
1945
0.0158
356
0.0010
1944
0.1188
397
0.0450
1952
0.0158
390
0.0060
171
1.1165
Total
1.2370
Total
0.0177
280
Kui
0.1600
609
Kodarla
0.0474
2
0.0420
607
0.0020
84
0.1000
577
0.4909
5
0.1050
595
0.0773
7
0.1000
589
0.6353
Total
0.0375
586
0.0400
95
Anwa
0.1810
448
0.0320
482
0.1800
353
0.0720
Total
0.1900
364
0.1540
690
Bharja
Pindwara
0.0700
365
0.5660
592
0.0100
515
0.1780
602
0.0400
599
0.7950
550
0.1900
597
0.2690
539
0.2500
590
0.2090
515
0.1600
412
0.3820
210
0.0600
400
0.0650
531
0.6350
366
0.0780
701
0.1600
587
0.0900
633
0.0320
597
2.6705
Total
0.1230
596
0.0840
84
Rampura
0.1000
532
0.1210
85
. 0.3160
212
0.0890
81
0.0140
211
0.0610
83
0.1570
638
0.0991
194
3.5280
Total
0.0110
560/82
0.6160
144
Bhimana
0.0506
52
1.1055
148
0.0360
53
0.8060
156
0.0300
51
0.1900
298
0.5817
Total
0.1000
301888 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [Part II—Sec. 3(ii)] 1 2 3 4 5 Sirohi Pindwara Pindwara 16 0.1200 0.1750
22 24 27
0.0700 0.1500
152 898 1038 28 15 1040
0.1960 0.7700 0.0920 0.1420 0.0700 0.0100
1039
1030 129
0.0400 0.0020 0.5200
0.2200
'3272 3271
3625
0.0160 0.0880
Total
26810
[F. No.L-14014/20/Ol-G.P]
S. B. MANDAL, Under Secy.
889New Delhi, the 22nd January, 2002
S.O.285.—Whereas by notification of the Government of India in the Ministry of Petroleum and Natural Gas Nos. S.O. 170(E), dated the 16th March, 1999; S.O. 2686, dated the lOth December, 1998; S.O. 1057(E), dated the 9th December, 1998; S.O. 2387, dated the 17th November, 1998; S.O. 171(E), dated the 16th March, 1999; S.O. 2558, dated the 27th November, 1998; S.O. 1093(E), dated the 22nd December, 1998; S.O. 1218(E), dated the 6th December, 1999, S.O. 172(E) dated the 16th March, 1999 as amendedvide S.O. 1707, dated the 27th June, 2001; S.O. 615(E), dated the 19th March, 20001 and S.O. 614(E), dated the 19th March 2001, issued under sub-section (1) of Section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act), the Central, Government declared its intention to acquire the right of user in the land specified in the Schedule appended to thèse notifications for the purpose of laying the pipeline for transport of liquid petroleum gas tnrcagh Kandla-Jamnagar-Loni Pipeline Project in the Stais of Rajai-ih.in by the Gas Authority of India Limited;
And, whereas, copies of the said Gazette notifications were made available to the public on the 5th day of July 2001, and the 2nd day of April 2001, respectively;
And whereas the objections received from the public to the laying of the pipeline hâve been considered and disallowed by the compétent authority;.
And, whereas the Compétent Authority has under sub-section (1) of section 6 of the said Act submitted its report to the Central Government;
And whereas, the Central Government, after considering the said report and on being satisfied that the said land is required for laying the pipelie, has decided to acquire the right of user therein;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 6 of the said Act, the Central Government hereby déclares that the right of user in the lands specified in the Schedule appended to this notification is hereby acquired for laying the pipelines;
And, further, in exercise of the powers conferred by sub-section (4) of section 6 of the said Act, the Central Government hereby directs that the right of user in the land for laying the pipeline shall, instead of vesting in the Central Government, vest on the date of publication of the déclaration, in the Gas Authority of India Limited, proposing to lay the pipeline and thereupon the right of such user in the land shall, subject to the terms and conditions so imposed, vest in the G as Authority of India, free from ail encumbrances.
890 THE GAZETTE 0FINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [Part II-Sec. 3(ii)l SCHEDULEI 2 3 4 5 District Tahshil Village SuiveyNo. Landtobe Alwar Bansaur Harsora 387 0.0040
392 0.1029
393 0.0079
acquired for
R.O.U. in
Hectares
Total 0.1148
12 3 4 5 Alwar Kishangarhbas Kheda 654 0.0158 Kheda 1911 0.0180 Shayampura 1898 0.0600
Total 0.0158
1899 0.0200
Koshalpur 697 0.0040
1910 0.0300
698 0.0317
1912 0.3980
703 0.1584
704 0.1980
1909 0.0900
709 0.0237
1908 0.0240
708 0.1426
1904 0.2695
707 0.0040
1906 0.0260
710 0.0633
711 0.0633
Total 0.9355
545 0.1505 BadBhawSingh 5 0.0700
544 0.0633
4 0.0340
530 0.1663
531 0.0792
3 0.0120
529 0.0396
8 0.1096
527 0.1663
Total 0.2256
526 0.0317
525 0.0872
Alwar Tijara Bichala 121 0.0396
524 0.0040
520 0.0040
Total 0.0396
521 0.1703
Husepur 264 0.0118
Alwar Kishangarhbas Koshalpur 522 0.0713
500 0.1860
265 0.0040
1026 0.0237
266 0.0039
Total 1.9324
Total 0.0197
Alwar Kotkasim Jatiyana "Ï42 0.0871
Khedi 12 0.1000
Total 0.0871
Total 0.1000
Harsoli 2391 0.0554
2286 0.1267
Guwalda 729 0.0940
3199 0.0831
727 0.0113
Total 0.2652
726 0.0720
Girwas 19 0.3564
721 0.1540
124/466 0.0227
710 0.0020
Total 0.3791
419 0.0102 Alwar Bansau Basdayal 95/398 ~ ^ï
506 0.0220
423 0.0022
95/398 > 0.3505
95/397 )
333 0.0066
Total 0.3505
334 0.0060
Mothuka 888 0.0060
730 0.0080
1285 0.0330
675 0.0160
1286 0.1070
718 0.0020
1287 0.1050
413 0.0450
1289 0.0170
723 0.0160
886 0.0525
720 0.0760
887 0.3606
714 0.1380
712 0.1640
Total 0.6811
891210GI/02-10892 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [Part II—Sec. 3(ii)]
And whereas, the Central Government, after
considering the said report and on being satisfied that the
said land is required for laying the pipelie, has decided to
acquire the right of user therein;
Now, therefore, in exercise of the powers conferred
by sub-section (1) of section 6 of the said Act, the Central
Government hereby déclares that the right of user in the
lands specified in the Schedule appended to this
notification is hereby acquired for laying the pipelines;
And, further, in exercise of the powers conferred by
sub-section (4) of section 6 of the said Act, the Central
Government hereby directs that the right of user in the
land for laying the pipeline shall, instead of vesting in
the Central Government, vest on the date of publication
of the déclaration, in the Gas Authority of India Limited,
proposing to lay the pipeline and thereupon the right of
such user in the land shall, subject to the ternis and
conditions so imposed, vest in the Gas Authority of India,
free from ail encumbrances.
District
1
Ajmer
New Delhi, the 22nd January, 2002
Ajmer
Ajmer
S.O.286.—Whereas by notification of the Government of India in the Ministiy of Petroleum and Natural Gas Nos. S.O. 1104, dated the 16th May, 2001; S.O. 2685, dated the lOth December, 1998; S.O. 1054 (E), dated the 9thDecember, 1998; S.O. 1055(E), dated the 9th December, 1998, as amended vide S.O. 2433, dated the 30th October, 2000, S.O. 2685, dated the lOth December, 1998; S.O. 1054(E), dated the 9th December, 1998; S.O. 1055(E) dated the 9th December, 1998, as amended vide S.O. 1108, dated the 16th May, 2001, issued under sub- section (1) of Section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User inLand) 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 thèse notifications for the purpose of laying the pipeline for transport of liquid petroleum gas through Kandla- Jamnagar-Loni Pipeline Project in the State of Rajasthan by the Gas Authority of India Limited;
And, whereas, copies of the said Gazette notifications were made available to the public on the 5th day of June 2001,25th day of November 2000 and the 2ndday of June 2001, respectively;
And whereas the objections received from the public to the laying of the pipeline hâve been considered and disallowed by the compétent authority.
And, whereas the Compétent Aulhority has under sub-section (1) of section 6 of the said Act submitted report to the Central Government;
SCHEDULE
Tehsil
Survey No.
Village
Landtobe acquired for R.O.U. in Hectares
5 2
3
4
0.0594 Tabiji
Ajmer
3494
0.0871
3404
0.0198
3386
0.0158
3357
0.0871
3302
0.0158
3308
0.1663
3284
0.0158
3274
0.0120
2667
0.4791
Total
0.0158 Pishangan
247
Birachiawas
0.0079
1183
0.0158
1533
0.0079
1814
0.0316
1839
0.0790
Total
0.0554 Kishangarti i Tihiri
192
0.4752
202/2
0.5306
Total
0.0040 Kalanada
382/3
0.0158
328
0.0198
Total
0.0633 Bharla
436
0.4673
435/6
0.5306
Total893 2, 2 0 0 2 / *^ 13, 1923 n—- 3(u)] M forwi, 24 "iiqT. 3ÎT, 2 8 7 . —q Ajmer Nasirabad Rampura (Ahiran) 860 0.0237 , 1962 (1962 ^BI 50) 859 0.0158 ( 1) Total
0.0395
%
51, 3TT."?T^TF 1913 2001
Modi 1372
0.0079
0.0396
500
0.0555
501
0.1188
502
0.1108
503
ÎKI
^ 27 3TTW, 2001 ^t
0.0316
504
0.0633
518
0.0554
215
0.0079
496
3^r T^t XÏÏÇM
'fïï t ;
( 1) %
Total
0.4908
Khapri
0.1425
278
Total
0.1425
Rajoshi
2667
0.0871
m*\{, ~&ÏÏ a r f i t f w r ^t "TRI 6 •^•a^rein ( 1)
2614
0.0396
2155
0.0316
HIÇ4cr)IÇH
Total
0.1583
Rajgarh
(4) 'SRI
2310/6874
0.0396
(H<Ï
faei-l
2286
0.0906
1844
0.1020
Ptftd 4!54
1990
0.0237
3693
0.0634
3776
0.0515
3970
0.0079
TJFt ^ 'ïraT '3.
3972
0.0633
; 3rfîra
3366
0.0158
3969
0.0040
4304
0.0396
4198
0.0633
4196
0.0633
0-55-90
544
3959
0.0079
0-00-02
3983
0.0791
558
3957
0.0079
0-30-46
559
3958
0.0079
0-48-97
560
3984
0.1900
0-27-85
575
3985
0.0158
0-33-37
579
Total
0.9366
0-37-09
580
Kanpura
438
0.0633
422
0-13-42
588
0.0079
0-20-97
590
0.1306
404
0-19-89
591
1016
0.0158
0-08-76
592
1298
0.0158
0-28-59
603
1364
0.1584
0-10-27
602
O-U-74
601
Total
0.3918
0-04-55
597
[File No. L-14014/20/01-G.P.]
S.B. MANDAL, Under Secy.
0-69-86
598894 THE GAZETTE OFINDIA : FEBRUARY 2. 2002/MAGHA 1T 1921 rPart TT_s,v- viiM 895 896 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [Part II—Sec. 3(ii)] 897 898 THE GAZETTE OFINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [Part II—Sec. 3(ii)] J599 2Î0GI/02-11900 THE GAZETTE 0FINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [Part II—Sec. 3(ii)] 901
SCHEDULE
Dist.
Tehsil
Village
SurveyNo./ Landtobe
BlockNo. acquired for
R.O.U. in
Hectares
1
3
5
2
4
544
0-55-90
' Bharuch
(l)Lakhigam
Vagra
558
0-00-02
559
0-30-46
560
0-48-97
575
0-27-85
579
0-33-37
580
0-37-09
588
0-13-42
0-20-97
590
0-19-89
591
0-08-76
592
0-28-59
603
0-10-27
602
0-11-74
601
0-04-55
597
0-69-86
598
0-37-96
599
0-13-28
Road
0-02-92
450
0-11-80
423 New Delhi, the 24th January, 2002
0-29-62
448
0-00-32
449
0-02-20
447
0-07-87
446
0-10-98
443
0-29-62
448
0-00-32
449
0-02-20
447 S.O. 287—Whereas by notification of the Government of India in the Ministry of Petroleum and Natural Gas No. S.O. 1913, dated the 24th July, 2001, issued under sub-section (1) of Section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962) (hereinafter referred to as the said Act), the Central Government declared its intention to acquire the right of user in the land specified in the Schedule appended to that notification for the purpose of laying the pipeline for transport of natural gas from Dahej-Vemar-Vijaipur pipeline Project in the State of Guj arat by the Gas Authority of India Limited;
0-07-87
446 And, whereas, copies of the said Gazette notification were made
0-10-98
443 available to the public on the 27th day of August, 2001.
0-09-62
442
0-12-37
441
0-24-27
440 And whereas the objections received from the public to the laying of the said pipeline hâve been considered and disallowed by the compétent authority;
0-13-69
439
0-37-73
433 And, whereas the Compétent Authority has under sub-section (1) of Section 6 of the said Act submitted its report to the Central Government;
0-14-64
432
0-07-61
Cart-track
0-24-78
397 And whereas, the Central Government, after considering the said report and on being satisfied that the said land is required for laying the pipeline, has decided to acquire the right of user therein;
0-33-10
398
0-01-94
400
0-10-51
Road
0-26-00
401 Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 6 of the said Act, the Central Government hereby déclares that the right of user in the lands specified in the Schedule appended to this notification is hereby acquired for laying the pipeline;
0-06-73
402
0-04-73
Road
0-04-69
279
0-04-38
280
0-16-64
278
0-15-87
277 And, further, in exercise of the powers conferred by sub-section (4) of Section 6 of the said Act, the Central Government hereby directs that the right of user in the land for laying the pipeline shall, instead of vesting in the Central Government, vest on the date of publication of the déclaration, in the Gas Authority of India Limited, proposing to lay the pipeline and thereupon the right of such user in the land shall, subject to the ternis and conditions so imposed, vest in the Gas Authority of India, free from ail encumbrances.
0-17-67
276902_ THE GAZETTE 0FINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [Part II—Sec. 3(ii)] 1 2 3 4 5 1 2 3 4 5 Bharuch Vagra (l)Lakhigam 0-00-46 275 Bharuch Vagra '3) Ambheta 130 0-23-19 263 0-11-47 (contcil.) 149 0-2-33 264 126 0-27-17 0-15-58 265
0-23-98
266
0-08-07
227
0-15-25
226
0-09-86
0-32-25
223
0-05-78
224
0-15-69
Road
0-12-26
93
95
0-02-00
0-09-34
96
97
0-09-52
0-01-78
98
0-39-17
99
100
0-00-30
0-44-93
161
0-02-93
162
0-15-03
158
0-28-30
167
0-01-93
139
0-11-67
138
0-14-29
136
0-16-89
168
0-19-67
133
0-25-67
132
0-51-16
131
12-70-86
Total
0-11-60 (2) Dahej 158
0-41-92
166
0-19-48
168
0-13-74
165
0-23-81
164
0-36-14
170
171
0-01-96
0-05-85 . Cart-Track
0-10-80
411
0-17-11
410
0-69-77
412
0-00-08
414
02-52-26
Total
0-10-15
158
(3) Ambheta
0-39-79
157
0-39-59
156
0-01-68
155
0-06-27
154
0-42-40
148
127
0-45-49 123
0-23-91 121
0-19-90
0-34-76 76
0-24-55 75
74
0-29-94 73
0-13-83
0-23-64 72
0-07-00 Road
71
0-33-48
0-12-58 Road
0-15-05 68
69
0-15-16
0-05-19 66
0-35-36 63
0-08-08 59
0-54-28 61
0-11-06 60
0-12-31 54
0-52-57 53-
50
0-16-94
0-18-49 51
48
0-14-65
0-11-51 684
686
0-04-23
0-27-86 683
0-10-21 682
681
0-11-11
0-07-80 680
0-04-23 679
0-35-66 663
0-33-54 664
0-04-28 662
0-35-95 661
657
0-36-02
0-19-40 655
0-08-86 654
0-12-25 653
0-13-78 652
0-30-77 649
0-07-24 648
0-02-16 650
0-12-53 646
0-05-09 Cart-track
0-24-57 647
0-26-09 629
0-23-94 628
0-29-17 627
0-04-04 618
0-14-78 615
0-10-00 616
0-01-25 617903 1 2 3 4 5 5 1 2 3 4 1-43-08 Bharuch Vagra (4-) Ambheta 613 Bharuch Vagra 612
0-42-08
(contd.)
0-10-69
605
601
0-22-91
598
0-29-99
596
0-03-20
597
0-16-58
586
0-11-16
587
0-09-99
595
0-01-30
588
0-14-56
594
0-00-31
589
0-07-15
591
0-88-65
0-41-90
573
0-12-17
Cart-track
Total
15-46-83
(5)Jolva 324
0-07-44
0-30-70
325
326
0-55-94
328
0-29-15
329
0-20-92
331/A
0-12-33
33Ï/B
0-17-22
330/A
0-10-50
332
0-04-59
334
0-11-36
Total
02-00-15
(6) Mali 85
07-0-03
82
0-24-90
81
0-40-40
74
0-00-52
80
0-10-14
75
0-26-73
0-06-06
73
76
0-25-06
77
0-21-46
0-15-96
72
70
0-61-13
57
0-20-98
100
0-37-90
0-01-11
56
0-26-08
55
101
0-00-13
54
0-54-62
0-08-58
Road
0-61-49
31
32
01-07-95
0-01-60
43
37
0-90-44
41
0-19-73
0-02-12
39
0-08-50 (6) Mali Cart-track
0-06-07 (contd.) 38
0-48-41
352
0-01-15
353
0-48-91
350
0-21-11
349
0-83-52
348
347
0-03-04
0-09-13
Nala
09-01-96
Total
(6) Akhod 246
0-06-23
0-41-00
267
273
0-05-49
Total
0-52-72 (7) Nandida 36
0-07-56
0-20-41
Nala
0-29-98
35
0-18-20
39
0-47-71
38
0-66-76
40
0-04-73
41
66
0-29-53
0-40-76
49
52
0-65-05
0-05-37
51
54
0-59-62
0-00-67
8
7
0-60-46
Cart-track
0-10-71
0-15-86
531
538
0-28-72
539
0-01-94
536
0-26-42
0-25-96
535
0-21-34
540
0-38-51
543
0-25-40
542
0-05-78
Road
0-03-69
551
0-04-37
Nala
0-27-64
552
0-57-03
473
472
0-08-32
0-01-02
474
471
0-20-33
470
0-21-05
0-21-11
469
0-08-08
Road
0-51-91
352
0-50-97
347
0-17-40
348
14T
0-01-22904 THE GAZETTE 0FINDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [Part II—Sec. 3(ii)l 1 2 3 4 1 2 3 4 5 5 334 0-06-93 Bhanich Vagra (7)Nandida 345 0-05-47 331 0-40-80 (Contd) 344 0-49-96 0-02-26 333 353
0-05-33 355
0-00-08 360
01-04-32 359
0-28-34 Cart-track
0-07-85
361
0-01-24 435
0-34-18 433
01-18-11
416
0-01-02
417
0-23-08
418
0-16-80
0-U-51
421
420
* 0-21-95
419
0-40-66
0-50-54
422
Total
14-28-03 (8) Wahiyal Gochar
0-05-88
487
0-13-18
0-40-16
490
0-31-50
491
0-29-29
492
0-13-20
481
01-31-65
480
0-20-34
462
0-06-13
477
0-59-02
476
0-12-79
472
0-00-61
470
0-19-12
471
0-45-48
469
0-41-78
468
0-06-34
445
0-15-50
467
0-74-09
436
0-29-75
437
04)2-44
440
0-35-10
438
0-16-02
439
0-36-22
431
0-33-37
418
0-03-45
419
0-43-29
429
0-10-50
428
0-19-61
427
0-51-76
531
0-34-11
426
0-04-14
371
0-43-73
381
01-14-47
360
0-00-01
361
0-04-26
Cart-track
0-56-58 332
0-04-16 Cart-track
274
0-00-59
0-85-10 275
0-31-68 272
271
0-38-76
0-03-49 265
0-37-67 268
0-23-54 267
0-06-19 Road
0-39-41 225
0-72-24 226
0-98-34 231
0-35-24
230
0-05-80
239
16-37-07
Total
0-07-77 (9) Juned Road
0-10-75
149
0-26-81
150
0-46-66
153
0-27-62
155
0-32-44
154
0-15-49
156
0-07-78
158
0-18-10
Cart-track
0-19-85
192
0-29-45
191
0-61-25
180
0-37-47
181
0-05-75
Cart-track
0-32-39
240
0-25-10
247
0-00-63
246
0-25-88
248
0-26-03
250
0-31-92
251
0-17-39
252
0-12-95
253
05-19-48
Total
0-25-45 (10) Saran 241
0-07-60
242
0-51-01
240
0-56-20
239
0-56-32
238
0-65-26
265
0-01-72
264
0-46-09
276
0-21-56
275
0-09-15
267905 1 2 3 4 5 1 2 3 4 5 Bhanich Vagra 10 Sarah 274 0-47-74 Bhanich Vagra 0-51-48 (12) Suwa 493 Pond
0-03-02
0-14-92
501
0-07-62
Cart-track
0-10-17
502
0-43-50
334
0-03-55
500
0-09-67
333
0-06-71
499
0-33-17
332
0-54-44
498
377
02-75-04
317
0-14-25
0-12-29
331
01-11-79
237
238
0-10-82
330
0-20-34
236
0-18-33
329
0-39-35
0-05-87
327
0-21-47
235
233
0-28-68
326
0-59-16
0-21-08
Total
07-32-35
234
230
0-18-90
(ll)Sayakha 26/Paiki
0-65-66
0-22-00
29
0-83-93
231
0-03-76
Cart-track
31
0-01-83
32
0-56-70
39
0-21-35
38
0-19-40
42
0-32-11
37
0-23-23
43
0-42-61
Nala
0-16-53
71
0-42-61
0-27-78
171
0-32-07
167
166
0-35-62
0-01-95
165
164
0-10-22
0-08-26
Road
0-39-55
162
0-32-70
147
0-25-09
Cart-track
Cart-track
0-08-41
77
0-22-08
78
0-27-54
75
0-23-45
Road
0-06-26
129
02-40-17
131
0-26-14
132
0-42-77
134
0-84-13
117
0-07-67
116
0-83-60
139
0-05-21
115
0-05-80
Total
09-89-19 (12) Suwa 455
0-53-38
454
0-00-40
466
0-51-65
472
0-06-29
473
0-23-65
477
0-45-18
470
0-05-81
478
0-07-75
484
0-04-40
483
0-02-12
479
0-30-69
482
0-03-21
481
0-14-45 (13)Rahad Total
10-39-35
0-63-87
166
Road
0-04-86
175
0-07-00
174
01-00-23
172
0-24-62
169
0-00-98
170
0-52-37
Road
0-04-42
233
0-40-42
234
0-10-72
226
0-11-90
0-06-67
Cart-track
0-26-67
221
225
0-22-01
0-16-28
224
0-30-37
222
0-04-86
Cart-track
0-09-07
220
0-08-05
Cart-track
12
0-41-32
10
0-27-08
13
0-21-22
0-30-60
14
0-10-37
15
0-08-92
Cart-track
44
0-09-75 0 ao 77
34906 THE GAZETTE 0FINDIA : FEBRUARY 2, 2002/MAGHA 13,1923 [Part II—Sec. 3(ii)] 1 2 3 4 1 2 3 4 5 5 (H)Rahiyad 419 0-00-68 (13)Rahad 33 0-35-16 Bharuch Vagra Bharuch Vagra
0-15-83
(contd.) 422
0-82-68 (contd) 31
0-33-64
Tolal
08-12-05 423
0-18-04
(14)Rahiyad 722
0-05-92
0-03-07 711
0-30-50 709
0-03-32
710
0-29-95 708
0-05-48 Cart-track
0-45-88
706
0-06-41
703
0-65-91
704
0-46-78
683
0-03-25
Cart-track
0-08-73
664
0-08-55
663
0-27-94
662
0-07-87
Road
0-01-19
296
0-50-99
297
0-04-75
Cart-track
0-27-99
300
0-00-38
301
0-04-71
Cart-track
0-O0-81
286
0-09-95
287
0-33-00
302
0.03-72
306
0-10-38
304
0-20-39
305
6-05-76
Cart-track
0-19-42
276
0-08-19
275
0-18-93
273
0-19-91
274
0-14-17
Cart-track
0-89-43
258
0-00-30
257
0-02-20
Road
0-34-92
261
0-13-37
224
0-35-09
370
0-06-3S
371
0-01-41
372
0-16-6:
369
0-52-0'
374
0-11-81
375
0-11-01
376
0-13-3:
420
512
0-20-59 511
0-00-55 510
0-06-60 428
0-26-16 475
0-24-04 474
0-18-94 473
0-30-82 432
0-14-66 472
0-19-07 471
0-36-24
434
0-08-24
439
0-26-90
440
0-13-48 (15)Ankot 438
0-36-93 (contd.) 442
0-09-29
437
12-03-37
Total
01-02-92 (15) Ankot 68
0-35-12
66
0-33-02
65
0-09-75
77/A
0-62-81
77/B
0-28-96
80
0-24-55
81
0-11-40
SH-6
0-00-45
13
0-51-92
14
0-09-91
Canal
0-17-30
Il/A
0-37-73
15
0-24-45
16
0-20-65
10/A.B
0-00-07
17
0-07-58
Road
0-45-07
213
0-00-32
215
0-36-54
214
0-26-72
216
0-30-23
217
0-01-84
218
0-06-59
219
0-33-11
206
0-29-09
205
0-01-42
Cart-track
06-89-52
Total907 5 1 2 3 4 5 1 2 3 4 (17)Karela 540 0-19-74 (16) Vachhnad 108 0-62-34 539
0-11-37
107
O-U-48
0-32-57
110
0-55-89
537
534
0-07-62
0-04-06
105
533
0-22-83
104
0-38-04
532
0-16-38
99
0-02-91
Cart-track
0-13-36
87
0-97-58
528
0-23-13
0-27-lï
88
529
0-39-07
89
0-394)5
Total
06-32-07
Cart-track
0-06-83
(18)Simaliya Naia
0-50-58
0-02-52
70
67
0-09-47
0-15-43
53
0-10-06
64
0-17-74
69
68
63
0-21-56
0-30-91
64
0-04-36
65
0-07-21
60
0-02-46
0-93-17
62
0-45-98
66
Cart-track
0-06-37
67
0-00-08
39
0-07-82
93
0-39-38
30
0-06-05
0-30-58
252
94
0-07-35
0-30-84
32
92
0-60-71
33
0-11-07
Total
02-20-42
34
0-22-48
257
0-40-79
19/1,2
0-22-80
Cart-track
0-14-93
Canal
0-05-85
0-42-04
263
Total
06-87-70
271
0-55-66
269
0-45-24
0-09-34
(17)Karela 563
0-36-89
562
279
0-35-94
561
0-25-55
0-33-04
559
283
0-16-37
0-04-66
Cart-track
558
0-09-52
288
0-48-85
557
0-28-07
0-44-61
556
285
0-32-40
287
0-18-73
0-40-24
555
0-06-66
553
286
0-01-94
Canal
0-02-62
554
0-27-34
03-93-77
Total
0-03-86
Cart-track
(20) Kothi 76
0-00-65
0-23-73
552/P
75
0-10-67
552
0-08-73
0-07-75
551
72
043-19
0-11-04
588
74
0-07-35
0-00-40
549
0-21-74
73
Road
0-01-45
547
0-35-83
546
0-18-52
0-31-96
Total
0-41-49
544/P
0-02-75
Amod
(21)Samni Canal
543
0-16-56
157
0-32-61
542
0-26-46
160
0-80-03
541
0-10-88
0-51-76
170
210GI/02-12
ggg THEGAffiTEE OFINDIA.FEBRUARY 2, 2002/MAGHA 13. 1923 fP.rt TT-RP, , ™I 1 2 3 4 5 1 2 3 4 5 Bharuch Amod (21)Samni 173 0-20-14 (23) Wantarsa 425 0-13-28. S.H.
0-09-03
Rly
0-13-43
194
0-32-86
191
0-39-82
190
0-14-58
195
0-24-77
Cart-track
0-07-30
219
0-52-58
274
0-05-39
276
0-43-37
277
0-15-68
295
0-34-76
296
0-01-98
297
0-47-12
340
0-75-80
Cart-lrack
0-06-09
350
0-12-84
351
0-27-71
352
0-31-91
354
0-31-32
355
0-52-31
357
0-09-86
356
0-13-02
Cart-track
0-07-87
387
0-40-08
388
0-04-30
390
0-48-53
391
0-15-44
392
0-18-61
396
0-13-23
Canal
0-01-46
393
0-22-26
395
0-24-57
394
0-33-09
400
0-18-05
Total
10-38-41 (22)Kurchan 510
0-11-97
509
0-01-12
Total
0-13-09 (23) Wantarsa Drain
0-11-32
455
0-00-12
453
0-24-75
0-24-39
452
448
0-20-03
444
0-19-58
447
0-87-73 417
0-40-73 408
0-17-72 396
0-26-25 397
0-29-98 398
0-05-89 394
0-41-61 Road
0-07-81 357
0-23-29 358
0-19-56 356
0-00-01 362
0-09-88 364
0-22-45 363
0-15-28 367
0-17-04 373
0-32-78 372
0-02-81 368
0-15-40 369
0-14-98 370
0-19-90
0-09-87 Cart-track
276
0-25-80 261
0-20-86 260
0-47-45 258
0-38-13 Road
0-05-40 163
0-07-42 Cart-track
0-08-99 244
0-16-60 245
0-03-37 243
0-48-15 242
0-14-28 247
0-26-22 248
0-00-29 249
0-33-04 251
0-27-73
0-29-49 236
0-05-65 237
238
0-07-47 239
0-21-51
0-14-46 232
230
0-04-53 231
0-35-59 220
0-19-19
0-18-86 219
218
0-32-56 217
0-00-69 Road
0-5-11
0-05-79 205
Total
10-99-07 [File No. L-14014/8/01-G.P.] S.B. MANDAL, Under Secy.
909 9 10 THEGAZETTEOFINDIA:FEBRUARY2,2002MA(aiA13,1923 [PART H—SEC. 3(ii)] 911 912 THE GAZETTE OFDMDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 913 914 THE GAZETTE OF ENDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 915 New Delhi, the 24th Januaiy, 2002 1 2 3 4 5 (24) 533 0-62-86 Vadodara KarjanS.O. 288.—Whereas by notification of the Government of India in the Ministry of Petroleum and Natural Gas number S.O. 1912,datedthe 24th July, 2001, issued under sub-section (1) of Section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962) (hereinafterreferredto 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 the pipeline for transport of natural gas from Dahej—Vémar— Vijaipur Pipeline Project in the State of Gujarat by the Gas Authority of India Limited;
And whereas copies of the said gazette notification were made available to the public on the 27th day of August, 2001;
And whereas the objections received from the public to the laying of the said pipeline havebeen considered and disallowed by the compétent authority;
And whereas the compétent authority has under sub- section (1) of Section 6 of the said Act submitted its report to the Central Government;
And whereas the Central Government, after considering the said report and on being satisfied that the said land is required for laying the pipeline, has decided to acquire the right of user therein;
Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 6 of the said Act, the Central Government hereby déclares that the right of user in the land specified in the Schedule appended to this notification is hereby acquired for laying the pipeline.
And further, in exercise of the pôwers conferred by sub-section (4) of Section 6 of the said Act, the Central Government hereby directs that the right of user in the land for laying the pipeline shall, instead of vesting in the Central Government, vest on the date of publication of the déclaration, in the Gas Authority of India Limited, proposing to lay the pipeline and thereupon the right of such user in the land shall, subject to the terms and conditions so imposed, vest in the Gas Authority of India, free from ail encumbrances.
SCHEDULE
Distt. Tehsil Village Survey No./ Block No.
Land to be acquired for R.O.U. in hectares.
4
5 2
3
1
Karjan
Vadodara
549 548
0-38-84 047-36
(24) Mesrad
547 0-02-14
0-5748
546
0-01-S2
Cart- track
^ / o s r l o^ - /3
532 0-08-68 Mesrad
531 0-24-58
523 0-21-28
0-29-76
524
522 04)4-15
521 0-19-82
520 0-12-58
517 0-19-59
516 0-25-00
515 0-284)2
04)2-50
Cart- track
505 04142
504 0-15-24
503 0-26-64
502 0-24-26
501 0-2849
500 0-11-22
496 04)7-83
497 000-34
Nala 0-08-81
ATI 0-00-03
478 0-99-63
0-00-79
484
479 0-20-58
480 0-35-34
472 0-36-81
0-1047
Cart- Track
459 0-28-58
458 0-01-94
460 0-01-78
461 0-25-80
462 0-5149
443 0-55-70
463 0-01-15
442 0-01-70
426 040-79
427 0-27-88
Road 0-06-61
420 0-10-65
416 0-36-56
407 0-50-52916 THE GAZETTE OFINDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)l 1 2 3 4 1 2 3 4 5 5 Vadodara Karjan (24) 411 0-32-07 Vadodara Karjan (25)Makan 485 0-26-10 Mesrad 386 04)7-81
contd. 487
388 0-14-02
383 0-23-87
384 0-18-21
863 0-17-38
381 0-17-38
380 04)1-71
379 0-264)1
358 360
0-33-72 0-07-70
357 0-08-13
3:56 0-27-92
0-23-78
355
354 04)3-24
0-39-97
353
0-05-05
Orain
0-02-70
336
0-32-S4
337
0-24-17
334
14-84-19
Total
0-09-66 (25)Makan 391
0-14-06
488 0-25-00
05-1545
Total
04)2-77 0-23-80 (26)Valan 76 75
04)5-10
Road
04)941
Road
0-34-55
74
04)04)5
73
0-24-24
46-2
47 0-24-61
0-24-60 0-37-85
48 52
04)441
51
040-12
53
04)140
54
04)1-30
58
0-34-22
57-1
0-19-86
57-2
04)7-39
Road
0-63-60
1825
041-38
1826
04)0-32
393
0-23-87
392
0-14-20
388
0-32-79
387
0-3245
408
0-0447
407
0-16-19
413
0-21-15
414
0-17-78
415
0-10-12
416
0-28-82
422
0-00-55
424
0-32-24
429
0-07-74
Road
0-12-16
478
0-71-00
477
04)3-98
471
04)5-96
Field canal
0-32-83
482
0 4 5 49
484
0-26-52
486
0-19-58
1816
04)0-12
1817
0-22-69
1815
0-304)6
1813
0-194)5
1812
04)040
1810
04)54)8
Canal
04)5-75
1911-1
04)7-97
RLY
0-19-52
1714
0-29-85
1712
04)344
Cart- track
04)24)8
1698
0-31-74
1699
0-17-83
1684
04)8-38
1685-1
04)8-68
1685-2
04)14)9
1686-1
0-32-30
1686-2
0-13-16
Cart-
track917 5 3 4 1 2 5 3 4 1 2 0-26-87 (27)Kiya 352 Vadodara Karjan Vadodaia Karjan 0-72-16 0-00-80 (26) 1478 \fclan Rôad
004-80
Canal
0-17-63
Road
000-50
1470
0-03-22
Cart- track
1471 0-55-74
0-32-98
1443
1442 0-31-76
0-0243
Cart- track
0-01-91
1441
1439 041-42
0-1148
1436-1
1436-2 0-13-55
1436-3 004-63
0-10-83
1435
0-09-99
1434
0-01-50
1422
0-03-96
1433
04943
1428
1427 0-11-18
10-61-33
Total
0-06-92 (27)Kiya Road
254 041-32
257 0-35-61
291 0-02-21
290 0-39-99
259 0-00-99
289 0-27-24
287 0-17-72
0-27-05
288
285 04449
283 0-31-04
0-07-59
Road
0-33-83
311
510 0-16-70
313 0-11-83
0-24-89
314
0-02-75
Cart- track
349 0-29-78
348 0-73-53
005-19 (contd.) Road
0-2949
369
(M)3-68
368
0-3444
370
0-34-29
374
0-08-79
Road
0-77-20
493
004-19
Canal
0-0OO3
492
0-15-17
491
0-23-26
478
0-78-92
402
OO0-21
403
0-08-90
400
0-27-33
405
0-00-12
404
0-58-08
406
0-30-65
401
0-68-13
407
0-6147
425
0-02-60
424
10-7649
Total
0-20-85 (28) 884
Choianda
0-20-97
883
0-06-87
Road
0-09-22
882
041-33
881
844 007-82
0-02-35
880
0-53-25
846
847 0-00-01
0-06-%
848
0-07-08
840
0-28-04
849
0-20-08
850
0-04-16
831
0-14-63
851
852 041-39
0-04-00
Nala
0-06-62
853
0-01-62
783918 THE. GAZETTEOFINDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 12 3 4 5 1 2 3 4 5 00348 Vadodara Karjan (28) 609 (KU-00 (28) 780 Vadodara Karjan 042-52 Choranda 568 0-0545 Choranda Rly
0-2341 (Contd.) 781
0-05-05
782
041-S5
721
0-07-03
Cart- track
0-20-16
111
0-17-18
774
006-20
Road
0-1246
752
0-35-53
753
0-06-74
754
041-98
750
0-17-54
749
0-16-32
748
0-14-07
739
0-29-69
738
0-02-02
737
0-15-08
Road
0 0 9 46
666
0-18-15
665
0-24-30
526
0-26-62
527
0-07-55
529
0-36-09
530
008-22
Cart- track
0-24^)5
534
0438-26
533
(W)6-72
657
OO6-60
536
0-22-24
655
0-11-38
654
0-21-18
636
0-17-24
633
0-25-55
634
0-15-76
Road
0-2142
619
0-2041
618
0-6147
617
0-22-77
611
0-18-19
610
0-13-82
561
045-30
(Contd.) 557
0-20-28
567
0-17-30
586
0-16-50
572
0-21-61
585
0-O4-17
574
0-21-64
584
0-34-83
583
0-13-36
582
0-00-03
580
0-19-56
581
0-03-17
Cart- track
12-90-33
Total
0-03-26 Vadodara Karjan (29) Cart- Kasampur track
0-55-30
207
0-09-01
Road
0-32-24
154
0-20-34
150
0-00-55
155-B
0-14-87
155-A
0-28-62
151
0-02-79
149
0-22-94
148
0-12-74
147
0-63-27
146
0-00O4
145
0-25-64
166
| 0-30-31
167 168
0-18-57
177
046-61
175
, 03-87-10
Total
0-05-77 Vadodara Karjan (30) 397
Kothav 227-: l 0-24-35 227-2 0-11-16 0-13-56
230
0-17-76
229
0-35-34
228
0-0OO4
235
268-1 0-20-36919 1 2 3 4 5 1 2 3 4 5 0-1067 0-12-83 391 Vadodara Karjan (30) 268-2 04244 Kothav 268-3 047-23 042^93
(Contd.) 2684
0-O6-96
268-5
OO4-10
268-9
0-57-24
268-8
268-7 042-34
04668
Canal
046-S9
286-1
271 04044
0-05-33
Field Canal
290 0-05-01
287 0-10-60
Road 048-57
356-10 0-21-03
356-11 047-08
356-8 0-1240
Vadodara Karjan
356-7 0-14-78
356-6 0-11-68
356-5 007-58
3564 0-2647
356-3 048-55
361-1-A 0-11-85
303 041-64
304 047-18
355 365
0-27-53 04142
354 0-30-63
353 0-21-30
352 040-23
348-1 045-55
349-1 0-12-30
349-2 049-85
347-1 0-14-58
041-99
347-2
346-3 049-75
Total 0645-35
Vadodara Karjan (31)\femar 388 389
049-21 0-1345
390 04244
392
04244
382
381 0-1748
049-25
Nala
373 0-11-79
374 0-15-77
375 045-68
0-1147
354
355 0-36-27
04440
353
350 0-15-63
350-1 0-15-66
349 041-65
040-94
Road
240-63
Total
047-60 (32)Atali 515
517 0-37-20
0-14-96
519
537 046-16
539 042-99
542 0-3746
541 0-2545
0-33-33
540
040-35
562
578 0-2842
577 0-19-94
576 0-12-53
575 04348
579 0-35-71
595 0-17-88
585 042-77
586 066-87
045-29
Canal
589 04841
588 041-28
Total 044848920 THE GAZETTE OFINDIA : FEBRUARY 2,2002/MAGHA13,1923 ÎPART H—SEC. 3(ii)| 1 2 3 4 5 1 2 3 __ 4 5 Vadodara Karjan (33)Oslam 553 0-14-92
Vadodara Karjan (33)Cteîam^334 0 3 4^ 555 0-00-10
(Contd.) 335 04)1-55
322 0-35-89 554 0-25-58
321 04)1-19 556 0-02-17
323 04)8-79 552 0-19-43
Total 07-35-65
0-10-54
Road
[F.No.L-14014/8A)l-G.E] 549 04)54)6
SB. MANDAL, Under Secy.
550 0-19-64
551 0-17-05
527 0-00-06
528 044-O7
0-18-26
531
538 0-16-55
537 0-17-37
533 0-0242
485 0-08-02
0-12-07
535
467 0-07-79
487 04)7-85
0-09-76
486
0-12-29
456/P
769 0-08-03
0-01-91
Road
0-14-12
457/P
0-13-27
480
479 0-00-29
0-1541
475
0-12-26
471
0-15-04
476
0-08-98
466
0-18-72
469
0-07-04
465
0-37-30
415
04)6450
414
0-03-31
413
04)8-08
412
0-65-23
359
0-284)1
358
0-06-78
328
0-27-20
329
0-16-81
354
0-06-98
331
04)9-72
332
0-18-31
333
04)2-85
324921
New Delhi, the 24th Januaiy, 2002
S.O. 289.—Whereas it appears to the Central Government that it is necessary in the public interest for the transportation of natural gas front Kamalapuram to Diamond Silicate gas pipeline project in the State of Tamilnadu, a pipeline shouldbe laid by the Gas Authority oflndia Limited;
And whereas, it appears to the Central Government that for the purpose bf laying the said pipeline, it is necessary to acquire the right of user in the land under which the said pipeline is proposed to be laid and which is described in the Schedule annexed to the notification;
Now, therefore in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby déclares 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 the notification as published in the Gazette oflndia are made available to the General Public object in writing to the acquisition of the right of user therein or laying of the pipeline under the land to the Compétent Authoriry, Gas Authority oflndia Limited, 1842, Neela South Street, Nagapattinani-611001 (TamilNadu).
SCHEDULE
Distt. Tehsil Village
Areain
Survey No. hectares
Tiruvarur Koda-
vasal
104
Perun-
tharagudi
120 198/1 198/12 198/14 198/10 198/19A 198/19B
0.1400 G.P. 0.0050 G.P. 0.0200 0.0050 G.P 0.0250 0.0050 0.0050
0.2050
Total
[File No. L-14014/1/2002-G.P.]
SB. MANDAL, Under Secy.
9Jj 1™ GAZETTEOFINDIA : FEBRUARY 2,2002/MAGHA13,1923 PART I I - S E C. 3(ii)] 923New Delhi, the 24th January, 2002
S.O. 290.—Whereas by notification of the Government of India in the Ministry of Petroleum and Natural Gas number S.O. 2067, datedthe 3rd August, 2001, issued under sub-section (1) of Section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962) (hereinafter referred to as the said Act), the Central Government declared its intention to acquire the right of user in the land specified in the Schedule appended to the notification for the purpose of laying the pipeline for the transport of natural gas from SFCL to Soundaraja Cotton Mills Gas Pipeline Project in the State of Pondicherry by the Gas Authority of India Limited;
And whereas copies of the said Gazette notification were made available to the public on the 23rd October, 2001;
And whereas the objections received from the public to the laying of the said pipeline hâve been considered and disallowed by the compétent authority;
And whereas the compétent authority has under sub- section (1) of section 6 of the said Act submitted its report to the Central Government;
And whereas the Central Government, after considering the said report and on being satisfied that the said land is required for laying the pipeline, has decided to acquire the right of user therein;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 6 of the said Act, the Central Government hereby déclares that the right of user in the land specified in the Schedule appended to this notification is hereby acquired for laying the pipeline.
And further, in exercise of the powers conferred by sub-section (4) of section 6 of the said Act, the Central Government hereby directs that the right of user in the land for laying the pipeline shall, instead of vesting in the Central Government, vest on the date of publication of the déclaration, in the Gas Authority of India Limited, proposing to lay the pipeline and thereupon the right of such user in the land shall, subject to the îerms and conditions so imposed, vest in the Gas Authority of India, free from ail encumbrances.
SCHEDULE
Distt. Tehsil Town/ Survey & Area to be
acquired for
Village Sub.
ROUinhect.
Div. No.
2
5 1
3
4
Karaikal
0.01.5 G.P. 0.30.0
17,Then- nankudy
152/2 152/3
Pondi- cherry
0.04.5
153/3
0.02.0 G.P.
154/2
0.38.0
Total
4,Deva- mapuram
0.02.0 0.15.0
152/2 152/3A
0.09.0
152/3B
0.16.5
152/3C
0.03.0G.P
153/1
0.01.5
153/2
0.28.5
153/3
153/5 0.01.0 G.P
167/1 0.00.5 G.P.
169/1 0.01.0 G.P.
154/1 0.01.0 G.P.
154/2 0.11.5
0.33.0
155/2C
0.07.0
93/3
93/4 0.01.0G.P.
92/1 0.01.0 G.P.
92/2 0.04.0 G.P
92/4 0.01.0G.P.
0.17.0
90/3
89/1 0.04.0 G.P.
0.15.0
89/6
%\ùUt\oX"/i1
924 THE GAZETTE OFINDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART H—SEC. 3(ii)l 1 4 5 1 5 3 4 2 3 2 Karaikal Pondi- 4Devan&- 88/1 0.01.0G.P. Pondi- Karaikal 16. Sera- 15/1 0.00.5cheny
puram 81/1 0.00.5 G.P.
cherry contd. 81/2 0.02.0
82/1 0.01.5 G.P
82/2 0.21.0
76/6 0.030
76/7 0.030
76/4 0.70.0
76/9 0.015G.P.
0.10.5
76/10
75
0.04,0 G.P.
52
0.00.5 G.P.
50/1 0.01.0 G.P
50/2 0.05.5
49/9 0.00.5
49/10 0.00.5
0.01.0
49/11
0.18.0
49/13
51/1 0.01.5G.E
0.03.5
51/2
2.60.5
Total
0.02.5
18/4D
16. Sota-
0.01.0
18/5
kudy
19/1 0.06.0
0.00.5
19/2
0,00.5
19/3
0.10.0
19/4
0.01.0
19/5
0.06.0
20/1
0.01,5
20/3A
0.01.0
16/5
0.01.5
16/7
0.08.0
16/8
0.04.5
16/9
16/1 0.01.5 G.P
kudy 3/1
0.14.0
0.09.0
3/2
3/3
0.00.5 G.P 3/4
0.04.0
3/6
002.0 G.E 4/1
0.05.0
Total 0.80.5
5. Nedun- 138/2 0.00.5
kadu 138/3 0.05.0 G.P. 142/1 0.01.5
412/2 0.07.5
0.02.5
141/1A
141/1B 0.01.0
0.03.5
141/2
141/3 0.05.0
0.05.0
141/4
0.01.5
140/3
0.07.5
140/4
0.04.0
140/5
0.04.5
140/6
0.03.0
140/7
0.00.5
140/8
0.01.0
139/3
0.09.5
139/4
151/3 0.01.5 G.P.
0.06,0 G.P. 152/1
0.05.0
152/2
0.03.0
291/1
0.05.0
291/2
0.01.0
291/3
0.04.5
291/5
0.89.0
Total
[File No. L-14014/18/01-G.P.] S.B. MANDAL, Under Secy.
925 926 THE GAZETTE OF INDIA : FEBRUARY 2,20G2/MAGHA 13,1923 [PART II—SEC. 3(ii)]MINISTRY OF PETROLEUM AND NATURAL GAS
New Delhi, the 3Oth January, 2002
S. 0.291.— in pursuance of clause (a) of section 2 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in the Land) Act, 1962 (50 of 1962), the Central Government hereby amends the notification of the Government of India in the Mi nistry of Petroleum and Natural Gas S.O. 2524 dated the 17* September 2001 relating to the appointment of compétent authority for laying of the pipeline by M/s Gas Transportation and Infrastructure Company Limited (GTICL) for transportation of regasified liquefied naturaî gas from the LNG terminais at Jamnagar and Hazira in Gujarat for distribution to various consumers located in certain Districts ofMadhyaPradesh, namely -
In the said notification, for the Schedule, the following Schedule shall be substitut ed
"SCHEDULE"
Area of jurisdiction
Naine and addresses of the persons
(2)
(1)
(1) Shri M.C. Reja, Retired MP State Districts of Jhabua, Dhar, Ujjain, Indore, Administrative Service Officer, C/o M/s Gas Dewas, Sehore, Bhopal and Shajapur of Transportation and Infrastructure Company Madhya Pradesh State :
R.P.L. House, 3rd Floor, 15, Walchand
Hirachand Marg, Bal lard Estate,
Mumbai-400038
2) Shn N.S. Kanesh, Retired MP State Districts of Jhabua, Dhar, Ujjain, Indore, Administrative Service Officer, C/o M/s Gas Dewas, Sehore, Bhopal and Shajapur of Transportation and Infrastructure Company Madhya Pradesh State :
R.P.L. House, 3rd Floor, 15, Walchand
Hirachand Marg, Ballard Estate,
Mumbai-400038
i
[No.L-14014/9/01—GP]
SWAMISINGH, Director927 928 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)]
New Delhi, the 3Oth January, 2002
s.o.292.—"Whereas it appears to the Central Government that it is necessary in the public interest that for the transportation of re-gasified liquifîed natural gas from the LNG terminais at Jamnagar and Hazira in Gujarat of M/s Reliance Industries Limited, the promoter company of M/s Gas Transportation & Infrastructure Company Limited to the various consumers of District Dhar in the State of Madhya Pradesh, a pipeline should bc îaid by M/s Gas Transportation and Infrastructure Company Limited;
And whereas it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the right of user in,the land under vvhich the said pipeline is proposed to be laid and which is described in the Schedule annexed to this notification.
Now, therefore, in exercise of the powers conferred by sub-section ( 1 ) of section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby déclares 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 3 of the said Act, as published in the Gazette of India, are made available to the gênerai public, object in writing to the laying of the pipeline under the land to Shri N.S. Kanesh, Compétent Authonty, GTICL Pipeline Project, Ground floor, 24 - A Chandra Nagar. A.B.Road, Indore-452008.
929SCHEDULE
State: Madhya Pradesh Tehsii :DHAR District : DHAR
Name of the Village Survey No
AREA
Hectare Are C-Are
I 2 |
1 1 SARVANIYA
I 3 | 0 0 0 0 0 0 0 0 0 0
4 I 11 14 37 35 6 10 8 14 16 11
i 5 | 40 95 10 5 95 35 45 75 20 35
0
0
20
0
20
75
0
40
80
0 0 0
23 19 20
40 0 15
0
41
30
8
45
1 104 105 106 113 118 123 140 139 138 141/1 "] 141/2 V 141/3 J 142 135/1 1 135/2 J 134 171 169 170/1 \ 170/2 J 172
0
[No. L-14014/35/2001—GP] SWAMISINGH, Director930 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 931 210GI/2002—15032 THE GAZETTE OP 1NOÏA : FEBRUARY2.2002/MAGHA 13,1023 |PART II—SUC J(ii)| q.r,
New Delhi, the 30th January, 2002
s. o. 293.—Whereas il appears io the Central Government that it is necessary in the publie interest that for the transportation of the naîural gas from the exploration bloeks in the Northern/Southern Offshore of Goa and structures in Andhra Pradesh of M/s Reliance Industries Limited, the promoter company of Ms Cias Transportation & infrastructure Company Limited to the varions consumers of District Rangareddy in the State of Andhra Pradesh, a pipeline should be laid by M/s Gas Transportation and Infrastructure Company Limited;
And.jyherças it appears to the Central Government that for the purpose of laying the said pipeline, it is neœssary to acquire the right of user in the land unde \ which'the said pipeline is proposed to be laid and which is described in the Schedule annexed to this notification;
Now, therefore, in exercise of the powers conferred by sub-section (1) of
section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of
User in Land) Act, 1962 (50 of 1962), the Central Government hereby déclares
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 section (1) of section 3 of the said Act, as published in the Gazette of India, are made available to the gênerai public, object in writing to the acquisition of the right of user threin for laying of the pipeline under the land to Shri P. Butcha Reddy, Compétent Authority, GTICL Pipeline Project, Village Peddapur (Survey No.683&684), On NH9, Sadashivpet Mandai, Medak District, Andhra Pradesh, Pin: 502306.
934 THE GAZETTE: OF INDIA : FEBRUARY 2,2002/MAG.I 1923 [PART H—SEC. 3(ii)]SCHEDULF
Mandai : Marpalli
District : Rangareddy
State : Andhra Pradesh
Sub-Division Ne
Nameof the Village 1
3
LGhanapur
Hectare 4 1 0 0 0 0 0 0 0 0 0 0 0 0
AREA Are 5 36 55 81 30 55 38 39 00 21 49 61 10 05
C-Are 6 20 95 95 40 35 90 30 75 95 00 20 80 40
0
05
15 2.Kamsettipalli
60 15 35 10 60 85 25 55 30 40 95 35 70 40 80 40 00 10 75 35 65 00 60 55 70 30 45 00 45 30 70 80 50 90 <5
39 29 19 11 32 54 00 11 57 40 03 08 27 04 76 00 01 01 27 36 17 05 26 03 01 38 16 01 24 26 44 00 08 80 03
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Survey No 2 57 70 71 87 88 89 90 92 136 138 139 140 Cart - Track (Between Sy.Nos.57&70) Cart - Track (Between Sy Nos 88&136) 32 35 36 39 47 50 52 53 54 56 150 151 152 155 156 158 210 211 213 214 215 221 222 223 228 229 230 231 255 256 268 269 270 271 Road (In Sy.No.268)935 I 1
3 -
2.Kamsettipa!!i (Cont'd)
t 4 0
I 5 12
! 6 10
-
12
0
50
-
0
09
55
-
04
0
75 S.Bilka!
-
- -
- - -
- - - -
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
55 31 29 04 29 23 02 26 66 20 47 13 44 43 16
70 40 35 35 85 20 25 75 70 80 25 25 45 90 05
-
0
01
35 4.Mogiiigundla
- - - - - - -
- -
-
- -
-
-
! 2 l Nala (Between Sy.Nos.256&230) Cart - Track (Between Sy.Nos.156&213) Naia (Between Sy.Nos.32&151) Nala (Between Sy.Nos.36&56) 44 45 46 60 51 52 53 54 55 73 74 75 86 87 Nala (In Sy.No.74) Road (Between Sy.Nos.73&86) 4 5 113 114 115 117 118 119 121 124 125 129 130 131 133 135 136 137 138 139 Cart - Track
61 74 61 49 16 21 11 34 66 20 06 01 43 77 14 38 08 05 42 07 04
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
30 80 55 55 65 90 75 40 35 05 80 35 35 85 40 30 25 05 75 55 40
(Between Sy.Nos.114&115)
-
Cart - Track
0
03
35
(Between Sy.Nos.117&118)
0
02
90
Cart - Track
(Between Sy.Nos.118&119)
^
r i i i: C r A / f i S T Ii ()f ! N i ; ) S A : ! ^ H R U A K V 2 . 2 O O j : M A ( ï HA 13. ! ' ) ?! jp.Mu I f- SH M<<}\ [Mandai Qutbullapur
District • Rangareûdy
State • Andhra Pradesh | 1 Dundiga!
00 85 85 75
10 10
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
80 35 05 05 05 60 65 70 40 60 75 00
05 00 00 52 38 70 88 14 48 28 15 31 63 31 00 02 11 03
0
80
01
2Gagilapur
0 0 0 0 0 0 0 0 0 0 0 1 0 0
70 75 60 40 15 85 60 05 50 00 40 00 70 60
11 16 646 650 651 652 657 669 671 674 677 689 690 691 717 718 720 Road (Between Sy Nos.690&691) Road (Between Sy.Nos,674&718) 78 138 139 140 143 144 145 146 147 152 160 161 163 Road
47 07 18 00 01 30 01 23 26 31 64 20 52 05
(Between Sy.Nos 152&163)
0
60
Road
08
(Between Sy Nos.139&143)
[No. L-14014/34/2001—GP] SWAMISINGH, Director937 938 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC, 3(ii)] 939 210GI/2002—16';> si ! IIF. GAZETTE OF INDiA : FEBRUARY2,2002/MAGHA 13,1923 [PART H—SEC. 3(ii)] WTHE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 943 944 THE GAZETTE'. OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [FART il - SEC. 3(ii)] 945 ^46 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 947 210GI/2002—17 ' • {! •< > r< • h I N D . lA H i B R U A RY 2 , 2 0 0 2 / M A G HA 1 3 , 1 9 23
[ P A RT I I — - S r c . 3 ( i i )]
/
2_ 3
s
"" 676 ""
667 86v 39 î
339
329
39 77 08 90 74 30 82 64 36 43 85 68 83 85 43 53 12 39 82 89 64
07 02 18 08 09 09 01 18 01 02 29 08 10 16 06 21 06 06 03 20 37
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
57
08
130
<2S
160
'57
•108
203
15 85 23 57 74 03 85 55 14 99 24 08 21 86 93
09 09 04 09 02 01 06 05 05 10 05 00 02 31 11
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
74. 3ÏK.-25011/45/2001 — #. 3ÏÏT..-I] <;4<)
New Delhi, the 30th January, 2002
S. 0.294. whereas, it appears to the Central Government thaf it h necessary in the public interest that for the transportation of crude oil froin Yiramrçam to Koyali in the State of Gujarat, a pipeline should be laid by the Indian Oil Corporation Limited for impleraenting the ^Augmentation of Viranigam Koyaîi Secti •-..•> <-f f'^
And, whereas, it appears to the Central Government that for the purposc of laymg ;he said pipeline, it is necessary to acquire the right of user in the îand under which 'he aie! pipeline is proposed to be laid and which is described m the Schedule annexe;! to thu notification;
Now, therefore, in exercise of the powers conferred by sub-sectioti fi) of -• -i '-non < of the Petroleum and Minerais Pipelines (Acquisition of Right of User in the Land) /*o<. !962 (50 of 1962), the Central Government hereby déclares its intention to acquir"-, the . ;gnî of user therein;
Any person interested in the Iand described in the sa"d 5cni;<.k
SCrfËDULË
JJÂRAÏ i
District : AHtiEDAB^
Taluka : SANAND
Stâfc .G} Are*:
Hectara
h
Survey No.
2
Sub-Division No. 3
640
Marne of the Village 1 KHORAJ
538
544
537
552
T _ Afô_ t .5 _
~~~ 00 0
\&
81
-A
0
S8 0
06
Ô4
00
0
?4 0
iS
i ".
i"'à
553
568
593
592
82
590
591
588 586
631
661
662
693
fi
15
0
0
r8
m
08
65 0
5C
96
00 06
0 0
03 0
01
12
0
ce 1
00
1>
17
0
05 0
07
44
09
0
Oi
1 i
0
t.*?
692
698
00
0
2£
01
0THE GAZETTE OF FNDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)]
3 !
1 I 2 I 700 707 708 836 837 834 833 830 826 809 810 803 802 801
4 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5 04 00 12 01 05 06 01 07 09 02 00 06 06 06
6 | 13 67 85 66 07 48 42 82 21 68 07 25 48 60
0
09
92 K A L Â NA
1 2 3 4
0 0
08 08
51 56
1 * 2
0 0 0
04 00 14
22 33 67 57 -] 57 L 57 f 57 J 59 58 | 58 i 54 73 74 -] 74 l 74 f
0
55
05
1 2 3 4 1 2
0 0 0 0
03 09 04 03
06 44 68 76
0
05
87
1 2 3 1 2
0 0 0
94 01 17
04 00 08
0
11
04
10
0
08 74 J 75 ! 75 / 83 78 79 100 1 100 V 100 J 106 "l 106 S 105 116 118 -" 118 V 118 J 119 \ 119 J 126 \ 126 J
1 2 3 1 2 1 2951 1 I 2 I
6 10
, 4 | 0
5 00
16
0
08
0
09
59
04
47
0
0
12
11
3 1 2 3 1 2 3 4 5 1 2 1 2 3 4 5 6 1 2 3
137 -j 137 y 137 J 138 138 138 138 138 146 1 146 / 147 A 147 147 l 147 147 147 J 149 1 149 r 149 J 155 154
0 0
07 10
67 65 KHODA
01 05
0 0
06 20
39 38 >, 38 38 > 38 38 J
04
0
80
27
0
02
04
0
70
03
0
50
16 | 16 J 15 . 15 15 15 15 15 > 15 15 15 15 J
- -,{{^{{FOOTNOTE 35}}}} } J{{^{{FOOTNOTE 17}}}} X{{^{{FOOTNOTE 17}}}} !17 J 1 2 3 4 5 1 2 3 1 2 3 4 1 2 1 2 3 4 5 6 7 8 9 10 ↩
1 l 2 \
! 4 ! 0
5 01
6 31 3 N 3 3
02
74
0
0
03
09
3 1+2 3 4 5 6 7 1 2 3 4 5 6 1 2 3
0 0
02 03
54 90
03
27
0
54
0
04
0
05
06
1 2 3 4 5 6 2 3 4 5 6 7 8 1 2 3 4 5 6 1 2 3 4 5 6 7 8
3 3 3 J 5 "N 5 5 5 5 5 ' 4 4 4 298 299 , 299 299 299 f 299 299 , 239 x 239 239 239 > 239 239 239 ' 232 ^ 232 232 I 232 r 232 232 J 233 . 233 233 233 I 233 [ 233 233 233 ^953 2 _ L , , 1 4 0 6 58 5 02 0
08
58
3 l 1 2 3 4 5 6 7 8 1 2 3 4
234 •" 234 234 234 l 234 f 234 234 234 J 223 . 223 1 223 j 223 J 204 203 202
0 0 0
06 04 03
12 07 55
145 -,
RUPAVAT!
0
07
78
1 2
0 0
13 00
83 03
145 J 146 144 ^ 144 144 L 144 144 -
0
08
69
0
06
38
1 2 3 4 5 1 2 1 2
143 -i 143 -• 142 "i 142 -*" 141 140 ^
0 0
09 00
16 70
140 140 y 140 140 J
0
09
08
1 2 3 4 5 1 2
208 ~l 208 •* 207
0 0
03 05
76 88
206 n 206 S 211 -,
0
04
57
0
02
30
0
04
22 211 211 211 211 211 J 213 1 213 J 271 ^ 271 y 271 J
1 2 1 2 3 4 5 6 1 2 1 2 3
_,954 THE GAZETTE; OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 2 l
1 ]
3 | 1
270 ï
2
1
2
3
4
270 -* 274 ï 274 1 274 [ 274 J
1/P
204 x
4 | 0
6 94
5 03
00
83 0
17
57 0
VASODARA
204
2/P
204
3/P
4/P
204
204
5/P
204
6/P
7/P
204
8/P
204
204
9/P
204
10/P
204
11/P
204
12/P
13/P
204
14/P
15/P
204 204
16/P
204
17/P
204
18/P
204
204
19/P
20/P
204
21/P
204
22/P
204 '
1
232 A
2
3
232 232 I
4
232 |
5
232
6
232 J
233
253
252
251 249
246
314
89
01
0
82 0
06
48
12
0
50
00
0
77
17
0
95
19
0
96
26
0
77
15
0955 F 2
5 54
I 3 !
1
317 >
317
2
317
3
4
317
317
5
317
6
317
7
8
9
10
11 12
317 l 317 f 317 • 317 317
13
317
14
317
15
16
317 317 y
310
306
305 304
303
74
6 70 4 0
50 07
0
62 16
0
49 10
0
61 12
0
32 0
21
15 0
35
SANAND
77 62
1
2/P
58 -N 58 \
3/P
58 f
4/P
58 -" 59 57
1/P
35 03
0
39 07
0
00 30
0
55 16
0
62 09
0
44 04
0
1964 ->
1964 (
1964 j
2/P 3/P 4/P
1964 J
47 09
1963
17
38 0 0
1975 **|
1975 L
1975 |
1/P 2/P 3/P 4/P
1975 J
2000
1999
2055
2057
59 48 46 25 24 12 04 06 00 22
0 0 0 0 0
1986 -\
1986
1986
1986
P P P P P
1986 J
210G1/2002—18956 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1 I 5 1_±_ 2062 -j 0 6 09 13 im2 J I 3 P P 20 55 63
0 0 0
08 11 07
^908 2064 \ 2---4 J
1 2
22 98
25 11
0 0
P P
96 19 2069 20?0
89 08
1
09 08 32 11
0 0 0 0
?Q89 2087 -1 2087 J
83
2 1
08
0
2086 \
46
00
0
2 1 2 3 1
04
15
0
77
2 1
2Q86 J ?078 1 2078 j- 2078 J 2076 1 ^076 J 1690 1
0
02
87
0
05
2 1 2 3 4
1
23 45 Ï690 J !Cd8 ~^j tPB8 L ,^88 j 1688 -> î889 1681 ^
0 0
27 33
2
(881 (681 >
K;81
3 4 5 1
35 06 ^663f"rtfr- 1665+167
0 0
03 00
07
35 ,6 '-^ 680/2 1696
0
02
22 ^
0
P P
1659 1 1659 J ."558 1657 |
0 0
42 84
03 00
'35/ !
1f,7
ih5i'
165f
0
91
00
P 1/P 2/P 3/P 4/P 5/P 1+2+3 to 8 33 1 I 2 { P P
1+2 1709 1708 1706 \ 1706 J 1712 1714 1713 1594
1+2 1593 1591 "1 1591 J
P P 1582 1572 "|
1572 r
1572 J
1/A 1/B 2 1571
1526 1
1
2 3 1 2 3 1526 f- 1526 J 1527 -) 1527 >- 1527 J 1524
1522 1
1/1 1522/2+1522/1+2 J
1515 1
1 1515 J
2 1516
1510 ~\
1 1510 J
2 1243
1 1242 1 1242 J 1244 1 1244 S
2 1 2 1 2 1 2 1252 1 1252 J 1251 y 1251 J 1255
176Q
1 2 3 1259 1258 -} 1258 U 1258 J 1284
1283 ~I
1283 J
"P 2
6 36 C7
5 08 03 01
0 0 0
03 05
' rs - y ,.'
0 0 0 0 0
05 01 05
0
36 t". 9P 34 59
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04 04
46
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05
74
64 0 0
06 Cfô
64 •
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05 •1
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02
46 0
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.1
40 74 0 0 0
05 01 08 03
13 0 0
01 0?
z? 88THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)l 1 I I 2 | I 4 | I 5 0 04 6 58 1 3 1 2
1286 1
1286 J
1287
1288
1043 *1
0 0 0
04 02 06
59 06 75
1 2
0 0
07 01
82 96 1043 J 1042 1041 ï 1041 I 1041 |
1041 J
1 2 3 4
02 06 06 17
07 32 02 89
0 0 0 0
17
06
0
1032
1033
1034
1025 "1
1025 J
1024 "l
1024 J
34
1 2 P P 1
0
02
1014 "V
1014 J
25
67
0
2 1 2
1016 "I
1016 J
KOLAT
80 45 69 59 14 81 41 65 38 72
09 05 17 18 08 11 05 28 18 25
0 0 0 0 0 0 0 0 0 0
628 627 625 626 622 554 620 555 617 616 ""|
1 2 3 4
26 17 36 63
03 22 01 32
0 0 0 0
1 2 3 4
75 28 67
08 08 13
0 0 0
1 2
616 L 616 f 616 J 563 564 565 607 1 607 l 607 F 607 J 606 587 588 1 588 -" 589
14 26
51 26
0 0959 3 f 1 2 l 5 I I 4 0 0 0
17 20 26
6 24 77 87
0
01
67
1 2 3 4 5 1 2 3
}
0 0 0 0 0 0
29 11 12 31 20 00
02 75 42 64 74 06
1 2
0 0
13 07
61 36
1 2
y y
0 0 0
06 14 14
35 33 57
y
681 744 745 745 745 745 745 743 743 743 729 728 727 717 720 718 718 719 684 684 685 686 683 683 681
1 2 1
0
16
25 SANATHAL 828 827 839 841 773 771 772 767 766 720 714 715 726
686 718 684 681 682 679 662 678
11 34 43 04 22 62 67 35 82 77 43 63 06 11 66 34 32 32 32 71 33
— i
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
20 26 21 22 15 20 09 08 17 02 08 21 14 00 06 12 05 00 15 08 05 07
SH__960 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13.1923 IPAPT ir__".-,. T - VI // J 2 s 667 669 391 390 389 388 393 384 385 377+378 397 355 354 351 352 337 338 339 329 327
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
02 18 08 09 09 01 18 01 02 29 08 10 16 06 21 06 06 03 20 37
77 08 90 74 30 82 64 36 43 85 68 83 85 43 53 12 39 82 89 64 NAVAPURA
135 133+292 125 131 130 128 162 161 160 159 158 167 198 203 199 224
08 09 09 04 09 02 01 06 05 05 10 05 00 02 31 11
57 16 85 23 57 74 03 85 55 14 99 24 08 21 86 93
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
[No. R-25011/45/2001—OR-I]
S. CHANDRASEKHAR, Under Secy.
961 962 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 963210GI/2002—19964 THE GAZETTE OF INDIA : FEBRUARY2,2002/MÀGHA13,1923 [PART II—SEC. 3(ii)] 1 2 3 06 06 08 05 03 10 01 12
97 39 43 44 15 06 76 05
0 0 0 0 0 0 0 0
927 926 930 847 846 845 844 837
New Delhi, the 30th January, 2002
S. 0.295.— Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of crude oil froni Viramgam tp Koyali in the State of Gujarat, a pipeline should be laid by the Indian Oil Corporation Limited for implementing the Augmentation of Viramgam - Koyali Section of Salaya- Mathura Pipeline System^ •
And, whereas, it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the right of user in the land under which the said pipeline is proposed to be laid and which is described in the Schedule annexed to this notification;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in the Land) Act, 1962 (5U of 1962), the Central Government hereby déclares its intention to acquire the right of user thereïn;
Any person interesied in the land described in the said Schedule may within twenty one days from the date on which the copies of this notification as published in the Gazette of India, are made available to the gênerai public, object in writing to the acquisition of the right of user therein or laying of the pipeline under the land to Shri RM. Pandya, Compétent Auîhority, Indian Oil Corporation Limited, (Pipelines Division), P.B. No. 4, P.O. Viramgam, Distt. Ahmedabad, Gujarat - 382150.
965| Tatuka : VIRAMGAM District : AHMEDABAD State : GUJARAT |
| * Area Survey No. Sub-Division No. Sq. Mtr. Name of the Village Hectare Are |
| 1 2 3 5 0 6 9 |
946
945
938
936
920
921
829
827
825
796
798
2
799
719
02
45 0
05
37 0
09
0
08 11
0
06 0
30 06 04
0
17 0
06
30 0
07
0
03
0
07
88 52 07 0
08
76 0
04
52 0
05
03
709+710
700
698
695
686
1
685
645
1 1
663 664
4
665
666
667
1+2
1
668 668
2
677
2
674
07
32 0 0
07
47 0
11 0
08 10
46 0
04
06 0
13
73 0
01
22 0
07
79 0
04
45 0
16 0
08 07
15 0
00
60 0
02
76 0
06
07 0
04
43 0
02
57
1025
160
0
02
94 SOKALI
161
174
176 177
178 182
185 184
187
0
04
91 0
00
29 0
11
59 0
08
61 0
04
64 0
83 0
13 01
01 0
04
0
05
22 42 0
08
72* THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 1 I
I 5 I
I 3 I 4
JAKHWADA
6 87 63 69 70 54 54 29 78 05 00 16 90 90 47 87 31 59 83 03 41 34 72 30 32 98 32 64 90 25 21 64 42 40
06 07 03 04 02 03 04 04 07 14 04 04 06 10 03 03 00 08 05 01 09 12 04 19 03 05 07 14 00 04 05 00 04
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
2 769 778 777 776 775 770 758 756 757 753/A 687 688 689 690 668 667 693 666 665 575 578 570 569 567 566 562 528 524 523 514 513 512 503
92
05
HIYAL (KALYANPUR)
05 00 12 00 05 01 04 07 02 04
22 09 45 41 27 21 30 33 76 05
0 0 0 0 0 0 0 0 0 0 0
116 117 118 148 120 146 147 135 136 138 139967 2 I
3 I 4 |
f 1 I SACHANA
1130
1123
1125
1124
1128
1115
1110
1109
1108
1107
1014
1031
1032
1019
1020
1021
1022
1024
977
975
976
936
972
962
966
964
965
927
926
930
847
846
845
844
837
0 0 0 0 0 0 0 0 0 0 0 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 -I 02 02 07 04 03 05 02 11 06 01 11 01 01 03 05 05 00 08 00 07 05 03 05 03 00 08 04 06 06 08 05 03 10 01 12
6 84 45 62 07 05 96 72 38 67 12 37 65 67 21 07 24 35 73 85 38 16 02 59 19 51 31 76 97 99 43 44 15 06 76 05
[No. R-25011/45/2001—OR-I] S. CHANDRASEKHAR, Under Secy.
*>8 THE GAZETTE OF INDIA : FEBRUARY2.2002/MAGHA 13,1923 [PART ÏI—SEC. 3(ii)] 969New Delhi, the 30th January, 2002
s. o. 296.—wtiereas, it appears to the Central Government that it is necessary in the public interest that for the transportatlon of crude oil from Viramgam in the State of Gujarat to Panipat in the State of Haryana via Chaksu in the State of Rajasthan, a pipeline should be laid by the Indian Oil Corporation Limited for implementing the "Augmentation of Viramgam-Chaksu, Chaksu-Panipat and Chaksu-Mathura sections bf Salaya-Mathura pipeline System";
And, whereas, it appears to the Central Government that for the purpose of laying the said pipeline, it is necossary to acquire the right of user in the land under which the said pipeline is proposed to be laid and which isdescribed in the Schedule annexed to this notification;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby déclares its intention to acquire the right of user therein;
Any person interested in the land described in the said Schedule may, within twenty one days from the date on which the copies of this notification, as published in the Gazette of India, are made available to the gênerai public, object in writing to the acquisition of the right of user therein or laying of the pipeline under the land to Shri Sunil Sharma, Compétent Authority, Salaya-Mathura Pipeline (Augmentation) Project, Indian Oil Corporation Limited, 33, Muktanand Nagar, Near Gopalpura Bye Pass, Jaipur (Rajasthan).
970 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)]SCHEDULE
| Tehsil : Bassi | District : Jaipur | |
| Nameof Village | Khasra No. | Area |
| Hectare | ||
| 1 | 2 3 | 3 |
| State : Rajasthan |
| Area |
| Are Sq. Mtr. |
| 5 4 3 |
10
40
35
o
09
90
33/117
o o o
45
50
94
Ralawata971 210GI/2002—20972 THE GAZETTE OF FNDIA:FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 973 1 ?4 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 975 976 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 977 ^ THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)]
New Delhi, the 31 st January, 2002
s. o. 297.—Whereas, by a notification of the Government of India in the Ministry of Petroleum and Natural Gas, number S.O. 2584, dated the 25th September, 2001, issued under sub-section (1) of section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962) (hereinafter referred to as the said Act), the Central Government declared its intention to acquire the right of user in the land, specified in the Schedule appended to that notification for the purpose of laying pipeline for transport of petroleum products through the Mumbai -Manmad Pipeline Extension Project from Panewadi (Manmad) in the State of Maharashtra to Manglya (Indore) in the State of Madhya Pradesh by Bharat Petroleum Corporation Limited;
And, whereas, copies of the said Gazette notification were made available to the public on the 19th day of October, 2001 ;
And, whereas, the Compétent Authority has, under sub-section (1) of section 6 of the said Act, submitted report to the Central Government;
And further, whereas, the Central Government has, after considering the said report, decided to acquire the right of user in the lands specified in the Schedule appended to this notification;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 6 of the said Act, the Central Government hereby déclares that the right of user in the said land specified in the Schedule appended to this notification is hereby acquired for laying the pipeline.
And, further, in exercise of the powers conferred by sub-section (4) of section 6 of the said Act, the Central Government directs that the right of user in the said lands shall, instead of vesting in the Central Government, vest on this date of the publication of this déclaration, in Bharat Petroleum Corporation Limited, free from ail encumbrances.
979SCHEDULE
Taluka: Amalner
Dist Jalgaon
State : Maharashtra
Nameof village Gat/ Survey No.
Area
1. Chopdai 25
Road 24 27 29/2 Drain 23 22 31 32 21/1B/A 36/2-1A 35/1 35/2 34/1B Cart Track 37/1A 42 40/2 Drain 41/2A 12 47/3 Cart Track 11 48/1 48/2 49/A 51 RoadS.H.14 52/1 54/1 58/2A Road
HectSS3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Area'j 47 01 04 10 36 01 16 19 03 12 15 02 17 34 16 00 00 12 40 03 33 00 01 01 26 22 22 00 13 05 19 04 59 01
Sq. Mts. 01 08 20 80 54 26 20 80 60 24 48 64 82 50 20 72 90 78 30 42 37 70 63 98 28 48 48 21 69 40 98 07 58 98 2/©67T-?">a-3J980 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(iQ] Name of village Gat/ Survey No;
Area HectSfô' f Are/i
1. Chopdai contd.. 61 80 79 77 76 Drain 84 Drain
2. Anchalwadi 12/1 13/1 15/2 Cart Track 17/1 17/2 19 21 24 23/2 3. Javkhede 551
Sq. Mts. 72 70 24 83 32 08 04 27 79 05 75 36 04 84 01 90 32 11 73 04 67 50 01 17 18 48 96 85 60 36 37 96 10 90 93 96 50 17
0 09 0 10 0 12 0 06 0 06 0 02 1 76 0 00 0 05 0 20 0 16 0 00 0 23 0 33 0 18 0 17 0 23 0 15 0 06 0 05 0 08 0 08 0 01 0 09 0 09 0 20 0 10 0 13 0 00 0 16 0 16 0 39 0 08 0 00 0 07 0 21 0 22 0 01
541/1/1 541/1/2 541/3/2 549 542/1 543 544 531/1/1 531/2 702 530/1 530/2/1 527 Drain Cart Track 475 477/2 478 479981 Name of village Gat/ Survey No.
3Javkhede contd. 469/1/2
469/2 Drain 492 493 495 446 447 446/1 Road, MDR-53 435 Road, ODR-121 263 272/1 Cart Track 273 114 249 248 247 246 245 244 243 242 241 Drain 238 Drain 239 229 Road, MDR-53 208 Cart Track 210/1 210/2 212
Area Are£3 07 23 00 11 29 09 09 08 15 02 22 03 21 20 01 00 21 05 04 05 05 05 05 05 06 01 07 39 00 14 22 03 09 00 14 09 38 09
Sq. Mts. 56 22 54 35 70 00 00 10 30 70 50 60 60 52 44 17 60 76 68 40 94 22 58 94 30 62 56 60 90 58 68 96 00 72 50 90 24 72
Hect&fs 0 0 0 0 0 0 0 0 0 0 0 0 0 0 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. Wavade 270/2982 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SKC. 3(ii)] Nantie of village Gat/ Survey No.
4. Wavade Contd.. 271/1 271/2 272/C 341 Cart Track 338/1/1 338/1/2 338/1/3 338/2/2 338/2/3 338/2/1 Cart Track 337/1 337/2 Road, MDR-54 435 422 428 425/1 425/2 37/4 Road, VR-57 Drain 29/1 52/3 27 51/2 Drain 51/1 Loni to Mandai Road
Sq. Mts. 63 63 20 16 38 30 94 06 48 14 68 38 50 16 60 11 45 59 38 84 70 60 45 57 24 88 70 08 08 54 74 90 17 59 72 24 40 40
Area Arep 15 15 23 32 00 06 05 39 06 13 13 00 24 11 03 27 43 24 16 15 10 03 05 45 12 11 16 01 28 00 03 14 30 23 00 21 05 05
Hect$S 0 0 0 0 0 0 0 0 0 0 0 0 0 0 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. Lonsim 41 42 43 45 Cart Track 48/1 47/1 47/2983 Name of village Gat/ Survey No.
Area Aiep | Sq. Mts.
5. Lonsim Contd.. 64
69/2 65 66/1 66/2 60 57 58 59 125 Road, MDR-60 124 121/1 120 122 6. Loncharam 113
Drain 97/1 98/1 98/2 63 61/1 61/2 61/3 64/3 68 72/1A 72/1B 72/2 73/1 Road, VR-80
7. Bharwas 132 131 129 110 111 Cart Track 199
H e c t^ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .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 60 25 20 13 50 05 40 07 92 09 72 12 24 06 30 06 48 10 80 03 96 14 76 04 14 04 68 17 10 32 76 09 00 22 50 13 66 13 66 00 09 12 62 06 31 06 31 11 63 45 61 06 73 06 74 16 38 06 24 04 50 37 42 24 33 51 12 17 28 13 86 00 90 01 40984 THE GAZETTE OF 1NDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] Name of village Gat/ Survey No.
Sq. Mts. 78 35 20 35 35 28 26 50 54
Area Are^fc 17 00 25 10 10 00 01 22 27
HectoFs 0 0 0 0 0 0 . 0 0 0
7. Bharwas Contd. 198 191 193 194/1 194/2 195 Drain 197 215/1
216
8.Eklahare 159/1
27 45 29 03 27 12 11 12 19 08 25 23 06 10 24 00 27 01 36 01 11 11 11 07 00 04 07 07
36 90 88 06 36 78 88 96 80 10 74 22 12 80 30 72 00 04 00 08 10 10 10 56 90 14 38 38
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
159/2/A 159/2B 165 166/B/l 168 169 111 110 Western Railway 108 SH-6 107 55 Drain 53 52 49 Drain 4/1 4/2 4/3 3 Cart Track 308/2 307/1 107/2985 Name of village Gat/ Survey No.
Area Aresb | Sq. Mts.
8.Eklahare contd..
9.Ektas
10. Bhilali
305 306/1 306/2 304 Lauki River 108/1A 108/1B 108/2 109/A 109/B Drain 110/B 110/B2 110/B3 110/B4 116 Road, VR-1 144/1/B 141/1 141/2 142/2 138/1B 138/2 137 67/A 67/B1 67/B2 Drain 80 79 82 Road, MDR-55 7 6/2B
Hectera 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
27 00 01 80 01 80 17 10 09 36 08 94 08 94 08 94 12 40 11 00 00 90 11 79 12 00 10 40 12 97 01 44 03 06 25 92 04 50 16 08 20 77 09 90 09 90 32 56 09 25 09 27 09 25 00 60 15 84 10 82 17 10 04 32 09 00 33 48986 THE GAZETTE OF INDIA:FEBRUARY2,2002/MAGHA,13,1923 [PART II—SEC. 3(ii)] Name of village Gat/ Survey No.
HectSS |
10. Bhilali Contd.
Area Arep 09 09 17
| Sq. Mts. 45 45 64
0 0 0
Il/A 11/B 6/1D
[No. R-31015/15/2001—OR-II] HARISH KUMAR, Under Secy.
987210GI/2002—22988 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 989 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 991 992 THE GAZETTE OFINDIA:FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)l 993 994 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 995 210GI/2002—23m THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 997 998 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [ P A RT H - S E C. 3 ( i i )] 999 1000 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 1001 1002 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1003
New Delhi, the 31 st January, 2002
s. o. 298.—Whereas it appears to the Central Government that it is necessary in the public interest that for the transportation of re-gasified liquified natural gas (LNG) from Jamnagar in the State of Gujarat to Bhopal in the State of Madhya Pradesh, a pipeline should be laid by M/s Gas Transportation and Infrastructure Company Limited;
And whereas it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the right of user in the land under which the said pipeline is proposed to be laid and which is described in the Schedule annexed to this notification.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby déclares 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 copies of the notification issued under sub-section (1) of section 3 of the said Act, as published in the Gazette of India, are made available to the gênerai public, object in writing to the laying of the pipeline under the land to Shri K. B. Pathak, Compétent Authority GTICL Pipeline Project, 102-103, Shivam, 9 Patel Colony, Pandit Nehru Marg, Jamnagar - 361008, Gujarat.
210GI/2002—24K"4 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)]
SCHEDULE
Taluka :- Dhrol
District :- Jamnagar
State :- Gujarat
Nameof Village
Survey No. / Block No.
Area
Hectare
Are Centare
1 3 |
1 1
4 I L ' 2
1 : Jaliya Mansar
5 90 30 30 90 50 30 70 20 10 10 00 10 00 80 40 50 30 40 00 30 00 10
0 0 0 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 25 25 18 44 21 27 04 14 00 26 41 02 30 18 23 61 14 06 39 20 20 70 28 06 83 95
60 40 70 60 80 2 : Khijadiya
113/P 95/P 95/P 109/P 109/P 108/1/P 108/1/P 108/2 176/1" 110/P 127/P 126 127 134 176/P 128/1/P 135/P 176/P 176/P 160/1/P 160/3 160/3 161/2 161/1/P 161/1/P 176/P Und River (Nerfr S. No. 176/P) 91/2 11/2/P 12/1/P 12/1/P 13/P 13/P Cart - track (Btn. S. No. 13/P & 14/P) [4/P Canal (Btn. S. No. 14/P & 14) 14 \S
19 81 16 16 21 21 02 28 08 37 27 44 43 04 14 14
10 10 40 40 80 80 50 10 80 30 40 00 30 60 00 80
01 16
10 10
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0
37
60 16 17/P 91/1/1 39 91/1/1 38 37/P 36/P1005 ! ' i 2 Khijadiya (Cont'd) 36/P 36/P 35/1/P 35/1/P 35/1/P 35/2/P 91/1/1 34/P 33/P 33/P 31/2/P 31/2/P
3 : Pipartoda 11/P 11/P 14/P 14/P 14/P 15/P 15/P 15/P 18/P 18/P 17/P 19/P 19/P 19/P 21/P 21/P 46/2 25 26 46/2 Nala (Near S. No. 46/2) Pipartoda-Khengarka Road (Near S. No. 46/1) 46/1 Ghel River (Near S. No. 46/1)
4 : Khengarka 167 150 149 148/P 148/P 168/P 168/P
5 : Chhala 42/P
Nala (Btn. S. No. 42/P & 47/P) 47/P 47/P Cart track (Btn. S. No. 47/P & 53/P) 53/P 56/2 51/P 51/P 52 Cart - track (Near S. No. 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 0 0 0 0 0 0 0 0 0
4 37 37 26 26 47 28 05 38 02 57 51 51 38 37 30 16 10 25 16 16 42 42 02 18 15 15 17 17 71 01 56 07 16 02 84 25 11 00 14 20 20 43 43 40 18 24 16 08 58 22 12 12 38 03
5 60 60 50 50 70 20 20 90 00 70 80 80 00 80 60 10 20 60 90 90 20 20 10 50 . 30 30 60 60 10 20 60 80 80 40 10 80 60 10 00 60 60 20 20 50 60 70 40 50 20 80 20 20 10 101006 THE GAZETTE OF 1NDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] Taluka :- Tankara District :- Rajkot
State :- Gujarat Naine of Village Survey No. / Block No.
Area Are
| 1 | 2
1 4 1
19 11 14 14 15 36 14 06 06 21 21 21 21 28 28 02 41
Centare 5 80 50 00 00 40 90 50 50 50 10 30 50 50 10 80 20 00
Hectare 1 3 | 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
1 : Sakhpar 56/P 56/P 59/1 59/2 58/1 60 61/P 61/P 61/P 64/P 64/P 65/P 65/P 68/1/P 68/1/P 69 70
40
58
0
}
0
21
40
90
18
0
50
12
0
} }J
0 0 0 0
74 69 00 06
40 40 20 90
90
22
0
}
50
48
0
fJ
36
60
0
70
54
0
} 1
0
99
80
J
0
32
00
20
03
0
2 : Neknam 174/P 174/P 173 172/P 172/P 171/P 171/P 175 178 175 Cart track (Btn. S.No. 175 & 164/1) 164/1 164/2 161/1/P 161/1/P 161/1/P 161/1/P 162 157/P 157/P 156/P 156/P 156/P 156/P 156/P Cart track (Btn. S.No. 156/P & 154/P) 154/P 154/P 154/P
~)Lr1007 5 i 3 j f 1 L 2 1 4 ! Neknam (Cont'd) 0
02
00
}J
48
0
70
}
0
55
70
0
13
40
[J
0 0
40 31
60 40
0
01
70
L
j
0
12
00
0
04
10
17
0
00
L J } }
112/2 & 69)
0 0 0 0 0
06 03 60 40 73
10 50 40 00 80
0
22
70
}
0 0
26 49
90 80
0
03
70
}
0
14
30
0
55
00
\J
1
70
40
0
00
20
J
3 : Hamirpur
116/l/P 116/1/P 116/l/P 116/2 117/P 117/P 119 118/P 118/P 118/P 118 120 113/P 113/P 113/P 121/P 121/P 121/P 111/P 111/P 112/1 112/2 Neknam-Koyaliya Road (Btn. S.No. 69 65 66 21 57/P 57/P 21 53 54/P 54/P 52 50/P 50/P 50/P 50/P 21 48/P 48/P 48/P 48/P 288/P 288/P 288/P 249 250 248 288/P 241/P 242 243 288/P
0 0 0 0 0 0 1 0 0 0 0
03 43 03 02 09 20 20 13 41 11 11
00 60 00 10 80 20 40 00 00 00 201008 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] , —I ,
Hamirpur (Cont'd) 237
236/P
288/P
Chatar-Vachhakpar WBM Road (Near S.No. 288/P)
4 ,11 22 05 06 12 68 14
5 80 70 40 60 90 50 50
3 0 0 0 0 0 0 0
4 : Vachhakpar 8 9 10
50
0
20
~i J
1
70
07
12
80
0
J -, 1 f
J
"
40
09
0
J
30 10
22 62
0 0
30
36
0
1 f
J
00
67
0
^
1
19
00
}~
v
-|
0
53
40
f-
00
33
0
0
62
20
-^ "1 J -, }-
J
-|
60
00
0
J
0
03
90 5 : Chatar 146/P 146/P 147/P 147/P L 147/P 149/P 149/P 149/P 149/P 141/1/P 141/1/P 141/1/P 141/1/P 141/2/P 141/2/P 141/3/P 141/3/P 141/3/P 150 151 152/P 152/P 141 155/1/P 155/1/P 155/2/P 155/2/P 155/3/P 155/3/P 155/3/P 155/3/P 155/3/P 157/P 157/P 157/1 157/2 157/3 158/1 158/2 159/P 159/P 159/P 160/P 160/P L 160/P 160/P Cart track- Nala (Btn. S.No. 160/P & 97)1009 4 2 i i Chatar (Cont'd) 0 29 5 10 -. 1
50
31
>
J -.
l
0
40
20
f
I ^
12
0
40
)
\
0
45
50
J -N
1
0
19
60
r
J
^
y
0
52
50
J
97 96/P 96/P 96/P 96/P 96/P 96/P 96/P 96/P 96/P 96/P 96/P 93/P 93/P 93/P 93/P 93/P 93/P Rajkot-Morbi SH-24 (Btn. S.No. 93/P & 68/1) 68/1 68/2 68/3 68/4 68/5 68/7 68/8 68/9 68/10 68/11 68/12 68/13 68/14 68/15 68/16 65/1 65/2 65/3 65/4 65/5 65/6 64/1 64/2 64/3 64/4 64/5 64/6 64/7 64/8 64/9 64/10 64/111010 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 1 1 2 4 1 3 Chatar (Cont'd) 63/1/P >
80
33
0
>
-J
0
03
90
20
10
1
y
0
08
00
00
30
0
>
72
60
0
\ J
40 00
28 30
0 0
0
68
40
V
J
0
19
00
30
97
0
0
17
40
l f J > J
0
46
20 63/2 63/3 63/4 63/5/P 63/5/P 63/5/P 63/6/P 63/6/P 63/6/P Cart track (Btn. S.No. 63/6/P & 8/1) 8/1 8/2 8/3 8/4/P 8/4/P 8/5/P 8/6/P 8/6/P 8/7 Nala (Btn. S. No. 8/7 & 23/P) 23/P 23/P 24/1 24/2 24/3 25 20 35/1/P 35/1P 35/2 Nala (Btn. S. No. 35/2 & 40/1/P) 40/1/P 40/1/P 40/1/P 40/2 40/3/P 40/3/P 39/P 39/P 39/P 42/1/P 42/1/P 42/2 42/3 42/4 42/5 42/6/P 42/6/P 42/7 42/8 42/9
J1011 Taluka :- Wankaner District :- Rajkot
State :- Gujarat
Name of Village Survey No. / Block No.
Hectare
Area Are
1 3
Centare 1 5 |
1 :KotdaNayani 674/P/1-2-3
674/P/9 Nala (Near S.No. 674/P/9) Demi River (Near S.No. 674/P/9) Nala (Near S.No. 563/P/P/l)) 563/P/P/l 563/P/P/2 Cart track (Btn. S.No. 563/P/P/2 & 512) 512 Nala (Btn. S.No. 512 & 511 ) 511 513/P/P/l Cart track (Btn. S.No. 513/P/P/l & 509) 509 508 507/P/P/l 507/P/P/2 506 481/P/P/3 482/P/P/l 483/P/P/2 484 485/P/P/l 466/P/P/l 466/P/P/2 465 Cart track (Btn. S.No. 465 & 464) 464 463 456/P/P/l 456/P/P/3 Road (Btn. S.No. 456/P/P/3 & 442/P/P/l) 442/P/P/l 442/P/P/2 441/P/P/l 441/P/P/2 441/P/P/3 Nala (Btn. S.No. 441/P/P/3 & 429) 429 430 Nala (Near S.No. 430)
2 : Pipaliyaraj 218/5/2
217/1 216/1 216/2 215/P/2 215/P/l 214/1/P/2 214/3/2
2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0
71 45 06 24 05 44 89 05 27 10 42 22 10 17 14 00 21 32 20 64 42 41 00 20 14 34 02 12 01 61 07 06 32 01 50 30 51 29 55 18 15 36 29 15 12 22 26 04 26
40 60 00 20 40 80 10 00 30 10 10 20 10 90 20 40 90 40 20 00 30 90 60 80 40 50 00 10 70 60 10 60 90 00 80 40 50 60 10 10 40 70 30 60 50 70 10 70 70 210GI/2002—251012 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1 4 I Pipaliyaraj (Cont'd) Nala (Btn. S.No. 214/3/2 & 187/1/P/2) 5 50 20 20 60 60 90 50 80 40 50 80 30 70 60 50 20 00 40
3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0
04 22 54 19 21 09 07 09 08 48 22 33 30 69 32 96 10 25 11 45
70 20
40
00
0
}
187/1/P/2 187/1/P/l 187/2/P/2 187/2/P/l 186/P/P/l 186/P/P/2 186/P/P/3 186/P/P/4 185/P/P/l 185/P/P/2 184/P/P/2 184/P/P/3 170/2 170/1 733/1/P/l 119 92/2 91/1 84/2 91/2/P/l 91/2/P/2 Nala (Btn. S.No. 91/2/P/2 & 717/1/P/l)
0 0 0 0 0 0
06 00 35 06 01 49
40 10 80 00 70 10 717/1/P/l 712/P/2 712/P/l 711/P/2 713/P/4 Drain (Btn. S.No. 713/P/4 & 710/1/P/2)
710/1/P/2 710/1/P/l 710/2/P/2 707 706/P/l 706/P/3 705 3 • Pratapgadh Drain (Near S.No. 111/2/3/P)
0 0 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 10 05 06 18 10 30 18 02 13 02 18 46 01 03 20 27 17 18 21 18 11 20 02 26 22
10 80 90 30 00 50 10 00 10 40 80 20 80 10 70 80 90 00 30 00 00 90 60 30 60 00 111/2/3/P 111/2/P/l 111/1 112/2/P/l 115/1/P 115/3/P 115/4/P 114/1/P/l 114/1/P/2 114/2 Cart track (Btn. S.No. 114/2 & 97/1) 97/1 97/2 98/3/P Cart track (Btn. 98/3/P & 140/4) 140/4 140/31013 1 j
2 1 1 4 1 Pratapgadh (Cont'd) -
4 : Panchdwarka
1 5 | 60 30 40 60 80 30 70 20 10 10 20 00 00 80 80 50 70 00 00 00 60 20
1 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02 02 0 0 0
22 05 31 00 24 22 20 20 18 00 01 04 18 12 42 32 08 10 00 01 45 02
90
-, l
0
00
J
141/1 140/2 144 145 143/1/P 143/2/P 160/1 159/1/P 159/2 158/1 158/2 158/3 163 158/4 165/2/P 68/P/A/l Road (Near S.No. 68/P/A/l) 394/1P/1 394/1P/2 127P/P2 93/1 93/2 94/1P/1 94/1P/2 94/1P/3 Drain (Btn. S.No. 94/1P/3 & 124/1P/1) 124/1P/1 124/1P/2 123/1P/1 123/1/2 122P/2 121/P1 121P/3 121/P4 121/P/5 121P/6 Cart track (Btn. S.No. 121/P/6 & 141 P/l) 141P/1 150P/1 150P/2 151/2P/1 151/2P/2 151/2P/3 Drain (Btn. S.No. 151/2P/3 & 152/3) 152/3 152/2 155/2 Cart track (Btn. S.No. 155/2 & 154 P/l 154 P/l Cart track (Btn. S.No. 154 P/l & 161/2) 161/2 161/1 162P/1 162P/2
0 0 0 0 0 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 16 13 51 10 05 17 08 10 33 07 04 20 26 34 00 24 15 10 39 09 25 02 18 02 05 56 07 00
60 20 40 90 70 00 80 70 20 90 00 40 60 10 90 50 70 80 80 40 90 10 60 30 2Q 20 60 10 10WM_ __ THE GAZETTE OFINDIA:FEBRUARY2,2002/MAGHA 13.1923 [PART JI—SEC.3(ii)] _ ! 2 1 3 Panchdwarka (Confd) 162P/3 Drain (Bta S.No. 162 P/3 & 165/2/P1) 165/2/P1
165/2/P2 165/1
Cart track (Btn, S.No. 165/1 & 188P/P1) 188P/P1 188P/P2 188P/P3 187
0 0 0 0 0 0 0 0 0 0 0
Asoi River (Near S.No. 187) Cart track (Near S.No. 237/3) 237/3 237/1 239P/P1
16 02 49 12 15 02 13 32 19 08 25 06 00 50 09 10 10 04 17 02 23
5 50 00 60 00 60 00 80 10 80 60 60 60 20 30 60 40 20 70 80 90 00 239P/P2 239P/P3 240/2 241 Cart track (Btn. S.No. 241 & 275/3) 275/3 290/1
01 18 19 15 03 19 44
01 21 00 05 08 16 11 23 00
50 80 40 50 60 70 10 30 90 50 30 80 50 80 50 10 50 40 80 274/2P/P1 274/2P/P2 274/2P/P3 274/1P/P2 276P/P1 276P/P2 Cart track (Btn. S.No. 276 P/P2 & 278/1) 278/1 278/2/1 Cart track (Btn. S.No. 278/2/1 & 314 P/l) 314P/1 314P/2 314P/3 319P/3 319P/2 318P/1 318P/2 318/3 Cart track (Btn. S.No. 318/3 & 331 P/l)
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
22 21 07 02 16 25 23 18 17 05 04
40 70 20 20 50 20 10 40
20 70 70
0 0 0 0 0
02 11 01 04 07
20 90
0
14
40 331P/1 331P/2 332 353/1 333/2 334/1 Drain (Near S.No. 334/1) Cart track (Near S.No. 338 P/l) 338P/1 338P/2 Drain (Btn. S.No. 338 P/2 & 336) 336 Drain (Btn. S.No. 336 & 337/2)1015 Â ï 1 1 2
|
1 4 '
L 3 J
Panchdwarka (Cont'd) 5 : Amarsar
07 21 02 04 • 23 03 15 04 10 09 08 14 17 07 13 12 16 23 03 09 40 25 06 25 13 27 01 12 44 50 25 13 08 03 16 16 01 27 28 01 07
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
| 5 30 00 10 30 70 30 10 90 40 90 60 40 40 80 00 10 50 30 40 40 30 00 20 10 20 20 60 60 60 30 40 10 40 80 50 60 60 30 20 30 10
0
40
00
-) [ J
6 : Chandrapur
337/2 24/3 26P/P-1 26P/P-2 Cart track (Btn. S.No. 26P/ P-2 & 29/4) 29/4 28 21/1P/P-1 21/5 21/4 21/3 20/3P-2 17P/P-3 17P/P-4 Rly. (Btn. S.No. 17P/P -4 & 50/1P/P -2) 5O/1P/P-2 50/2/P-2 50/4/P-2 50/4P/P-1 49/2 51P/P-1 51P/P-2 Nala (Btn. S.No. 51P/P-2 & 68/1P/P-1) 68/1P/P-1 68/1P/P-2 68/2P/P-2 Cart track (Near S.No. 68/2P/P-2) Road (Near S.No. 114) 114 115/1+ 115/1P/P-2 125/1 125/2P/P-1 125/2P/P-2 116P/P-1 116P/P-2 124/1 124/2 123P/P-1 123P/P-2 122P/P-2 + 122P/P-4 122P/P-3 137/P/P-l 137P/P-2 137P/P-3 Canal (Btn. S.No. 137P/P-3 & 138) 138 144/1 144/3P/P-1 144/3P/P-2 154/3P/P-2 154/4 Nala (Near S.No. 270/1) 270/1 270/2
0 0 0 0 0 0 0 0 0 0
18 60 12 33 05 42 02 08 09 30
20 40 70 20 50 50 40 20 60 201016 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 2 ' 1
ï 1
Chandrapur (Cont'd)
"
7 : Rajavadla
4 | 59 25 02 12 05 19 00 14 30 22 17 42 02 13 27 13 38 37 08 03 03 26 38 16 05 53 68 61 18 29 00 22 04 05 04 09 18
3 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
11 31 45 03 65 00 01 14 14 55 11 39 00 11 21 06 02
5 00 20 70 50 40 80 10 90 60 40 70 60 50 00 80 60 50 80 00 50 00 70 70 00 30 70 50 60 60 50 40 70 20 70 20 80 00 80 70 00 40 80 70 60 40 30 00 20 80 20 00 90 90 50 264/1 P 273/2 P 273/1 P 273/3 P 273/4 P 274/1 P 274/2 P Cart track (Btn. S.No. 274/2 P & 263/1 P) 263/1 P 263/3 P 204/1P/P1 204/1P/P2 205/P/P1 Drain (Btn. S.No. 205/P/P1 & 202/2P/P2) 202/2P/P2 202/3 +4P 201/2 200P/P3 203/1 Cart track (Btn. S.No. 203/1 & 203/2) 203/2 202P/1 204 205/1P Cart track (Btn. S.No. 205/1P & 206/2) 206/2 349/1P 199P/1 199P/2 197P/1 197P/2 197P/3 Road (Btn. S.No. 197 P/3 & 194 P/4) 194P/4 193/1 193/2 193/3 Nala (Btn. S.No. 193/3 & 159/1) 159/1 159/2 153/1P/1 153/2 153/3 132P/1 132P/2 Cart track (Btn. S.No. 132P/2 & 125 P/2) 125P/2 116 Rajavadla WBM Road (Btn. S.No. 116 & 115) 115 114 113 Cart track (Btn. S.No. 113 & 112) 1121017 1 ]
1 2
1 4 8 : Kerala
9 : Daldi
37/4 37/2 37/1 38/1P/1 68/1 Cart track (Btn. S.No. 68/1 & 69/1P) 69/1P 69/3P 70 86/1 86/2P/1 85/P/l 85/P/2 100/3/P/2 100/2/P/2 101 102 83P/1 83P/3 Cart track (Btn. S.No. 83P/3 & 153/2) 153/2 151/1 151/2 152/1P/1 152/1P/2 180P/2 180P/3 180P/6 180P/7 180P/8 177/2 +4/1 177/2 + 4/2 177/1 144/P/P1 181P/1 181P/2 Nala (Btn. S.No. 181P/2 & 183P/1) 183P/1 184/P/2 196/2 196/1 195/1+2P/1 195/1 +2P/2 187/4 193/P2 193/P3 193/P1 209 283/P1 183/1 286 Nala (Btn. S.No. 286 & 186/1) 186/1 282/16
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 0 0 7 0 0 0 0 0
15 31 30 08 02 01 01 47 12 37 05 03 27 14 17 19 27 42 12 22 32 00 13 05 14 15 13 27 01 37 02 01 02 08 33 33 42 ' 22 26 02 37 32 00 06 39 17 40 14 83 10 07 04 13 17
1 5 00 40 00 70 50 30 80 00 00 50 80 70 90 20 00 70 40 80 20 10 90 60 50 80 20 30 90 40 40 90 80 80 40 30 40 20 80 70 70 40 50 60 80 10 70 50 80 60 30 10 30 30 90 601018 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)J 2
Daldi (Cont'd) 265/3/P1
268/3/P1
275/1P/1
294
10:Dighaliya 163/P/l 163/P/2 162/1/P/2 162/2 Drain (Btn. S.No. 162/2 & 168) 168 151/3 151/4 152 Cart track (Btn. S.No. 152 & 157/2) 157/2 Cart track (Btn. S.No. 157/2 & 158) 158 Nala (Near S.No. 158) Road (Near S.No. 203/1 ) 203/1 203/2/P-2
11 : Kachhiya Gala 70/2P 69/1P 69/2 67 Cart track (Btn. S.No. 67 & 102/2) 102/2 102/1 102/3 101/1 103/3 103/2/1 100/1
5 80 60 00 00 30 30 70 10 80 70 60 30 90 20 50 70 90 60 50 60 10 80 10 00 60 80 10 80 60 30 10 30 10 90 00 30 30 40 80
3 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 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 02 06 10 43 09 34 51 16 14 62 09 12 00 06 12 02 13 05 07 20 51 47 38 27 19 11 00 13 38 24 26 02 12 12 16 45 41 31 59
20
16
0
-, 1 j ->
12 • Lalpar 44 42 45 40/1 Nala (Btn. S.No. 40/1 & 27 P/l) 27P/1 27/2/P 27/1/P2 27/2/P 25/2 Road (Btn. S.No. 25/2 & 17/1) 17/1 14/1P 14/2P 14/3P 15/1 15/2 Cart track (Btn. S.No. 15/2 & 6/1/P) 6/1/P Irrigation Canal (Near S.No. 6/1/P)
13 : Bokadthambha Machchhu River (Near S.No. 92 P/P/l)
30 10 40 60 00 80 20 40 10 70 60 30 60 70 70 10 50 40
27 09 19 16 12 11 14 31 06 23 00 78 03 16 01 10 08 10
0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0
92P/P/1 92P 74/2 80/5 80/3 80/21019 2 r i i 1 4 Boadthambha (Cont'd) 80/1 Cart track (Btn. S.No. 80/1 & 81) 81 Railway Line (Btn. S.No. 81 & 85) 85 84. 82 Nala (Btn. S.No. 82 & 29) 29 28 32 Cart track (Btn. S.No. 32 & 24/1P) 24/1P 24/2P 23 21 20 19/1 19/2 19/3 19/4 19/5 19/6 18/1 Cart track (Near S.No. 18/1)
27 01 07 10 27 15 18 34 .47 04 23 02 41 38 52 18 58 18 16 14 20 16 00 41 01
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
1 5 10 50 00 60 50 40 50 80 40 30 40 20 70 00 00 10 30 60 70 50 10 00 20 90 80
[No. L-14014/8/02—GP]
SWAMISINGH, Director
210GI/2002—261020 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1021 1022 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1023 1024 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 1025 1626 THE GAZETTE OF INDIA:FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1027 210GI/2002—271028 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1029 1030 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1031 1032 THE GAZETTE OF [NDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 1033 1034 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1035 21GGI/2002—281036 THE GAZETTE C)F INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)]
New Delhi, the 31 st January. 2002
s. o. 299.— Whereas it appears to the Central Government that it is necessary in the public interest that for the transportation of re-gasified liquified natural gas (LNG) from Jamnagar in the State of Gujarat to Bhopal in the State of Madhya Pradesh, a pipeline should be laid by M/s Gas Transportation and Infrastructure Company Limited;
And whereas it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the right of user in the land under which the said pipeline is proposed to be laid and which is described in the Schedule annexed to this notification.
Novv, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby déclares 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 the notification issued under sub-section (1) of section 3 of the said Act, as published in the Gazette of India, are made available to the gênerai public, object in writing to the laying of the pipeline under the land to Shri K. B. Pathak, Compétent Authority GT1CL Pipeline Project 102-103, Shivam, 9 Patel Colony, Pandit Nehru Marg, Jamnagar - 361008, Gujarat.
1037SCHEDULE
Taluka :- Muli
District :- Surendranagar
State :- Gujarat Name of Village
Survey No. / Block No.
Hectare
Centare
2
3 | 0
| 1 1 : Khada
Area Are 4 58
5 | 20
0
00
60
}J
2 : Devpara (Muli)
21 28 24 60 04 14 25 40
00 40 40 60 70 60 80 90
0 0 0 0 0 0 2 0
0
50
64
}J
3 : Vagadiya 4 : Umarda
24 00 24 30 36 42 32
80 30 70 80 40 20 70
0 0 1 1 0 0 0
16
00
0
38
40
0
}
29
50
0
50
40
0
00
0
26
} }
10
0
61
80
0
28
} }
0 0 0 0 0 0 0 0 0
31 15 61 27 06 01 14 02 12
50 00 00 40 50 80 00 30 40
0
96
30
}
77 78/1 78/2 79 87/1 87/10 46 Nala / Drain (Btn. S. No. 46 & 50) 50 82/P 52 53P/1 53P/2 54 55 105 661 533 530 529 469/1P 469/1P 471/1 471/2 472 474/P 474/P 475/P 475/P 476/P 476/P 477/P 477/P 478 479 480/P 481 482 483 Cart track (Btn. S. No. 483 & 444/1) 444/1 444/2 443/P 443/P 439 Nala (Btn. S. No. 439 & 315/1) 315/1 315/2
44 14 21 18
0 0 0 0
10 00 50 40 1 2 I
Umarda (Cont'd)
L"
4 29 26 13 47 23 06 24 20 10 49 61 39 11 49 00 00
5 20 70 00 60 70 70 80 00 50 80 20 50 40 10 50 90
3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
40
30
0
-, S
0
38
70
0
42
50 5 : Dharnendragadh
00
44
0
-i -1 •}
0
.18
40
\
j
90
29
0
-1 J
0
54
80
0
97
50
-" V J
6 : Tidana
71 01 03 06 35 31 07
00 20 80 40 70 90 60
0 0 0 0 0 0 0 0
08
90
90
44
0
"1 T
J
0 0 0 0 0
20 10 18 00 04
10 50 30 60 70 314 313/2 Nala 310 309 307/1 307/2 307/1 Umarda- Dharmendragadh Road (Btn. S.N o. 307/1 & 661) 661 282 661 281 661 280 279 276/P 276/P Bhogava River (Near S. No. 276/P) Bhogawar Nadi (Near S.No. 40/2/P) 40/2/P 40/2/P 40/1/P 40/1/P 40/1/P 40/1/P 40/1/P 43/P 43/2 45 47/P 47/P 47/P 56 50 51 52 55 54 Cart track (Btn. S No. 54 & 127) 127 128/P 128/P 126 129 131 130 132 144/P
-i
10
11
0
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30 40
15 30
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11
0
144/P 145 146 148/P 148/P
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40
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0 0 0 0 0 0 0 0 0 0
03 00 48 39 47 22 30 31 22 07
90 30 60 60 30 90 60 10 50 20
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149 150/P 150/P Cart track(Btn. S.No. 150/P & 185) 185 186 188 189 196 195 194 210 Cart track (Btn. S.No. 210 & 219/P) 219/P 219/P 219/P 219/P 212 213 214/P 214/P 215/P 215/P 197/P 197/P 196 386 193 194/P 194/P 386 184/P 184/P 184/P 184/P 184/P 386 160/P 160/P 161/1 162 156 152 153 Surendranagar-Rajkot SH-17 (Btn. S.No. 153 & 98) 98 99/P % 99/P 99/P 99/P 99/P 99/P 100 101
0 0
16 48
60 201040 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 2 3 5 1 Somasar (Cont'd) 28
00
0
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90 20 70 10 50 60 10
13 24 61 82 00 31 31
0 0 0 0 0 0 0
90
02
0
30
36
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1
60
70
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72
0
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83/P 83/P 83/P 83/P Nala (Btn. S.No. 83/P & 83) 83 79/2 77 75 76 75 108/P 108/P 74/P 74/P 73 Cart track (Near S.No. 1580/P) 1580/P 1580/P 1593 1703 1704/P 1704/P 1704/P 1704/P 1704/P 1705 1707/1 1707/2 1707/3 1708/1 1708/2 1721 1734/1 1734/2 1734/3P 1734/3P 1735 1736 1742/P 1742/P 1742/P 1742/P 1742/P 1740 1741 Cart track (Btn. S.No. 1741 & 1911/P) 1911/P 19H/P 1911/P 1917/P 1917/P 1917/P 1917/P 1917/P1041 1 j t 4 1 1 2 i 3 0 04 5 70 Muli (Cont'd) 9 : Sidhsarr 0
88
90
0
00
60
10
01
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0
00
30
50
0
79
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0 0 0 0 0
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0 0 0 0 0 0 0 0 0 0 0
20 23 06 17 18 34 20 24 05 64 00
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0 0
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0
00
20 Cart track (Near S.No. 1917/P) 63/P 63/P 63/P 66/P 66/P 65/P 65/P 57/P 57/P 64/P 64/P 55 51 Muli-Sayla Road (SH) (Btn. S.No. 51 & 27) 27 25,26 24/1 24/2P 24/2P 23 249/P 249/P 248 247/P 247/P 245 242 238 231 239 230/P 230/P 229 194 194/P 194/P 195 196/1 196/2 197 198 200 201/P 202/P Naliya-Muli WBM Road (Btn. S.No. 202/P & 146/P 148 147/P 147/P 135/2 135/1 136/1P 136/1P
\K>42 T HE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1 2 N a h ya (Cont'd) 4 05 25
3 0 0
30 50
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00
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Cart track (Btn. S.No. 136/P & 84) 84 78/P 78/P 79 81/P Cart track (Btn. S.No. 81/P & 36/P) 36/P 36/P 36/P 37/P 37/P 38/P 38/P Cart track (Btn. S.No. 38/P & 32) 32
60 80 40
10 07 31
0 0 0
20
28
0
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00 70
13 15
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10
07
0
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00 70 10
21 16 37
0 0 0
31 30/P 30/P 29 28 26/P 26/P 27 22 21
Taluka :- Sayala
District :- Surendranagar
State :- Gujarat
Survey No. / Block No.
Name of Village
1
2
1 : Chitralank
Centare 5 40 20 60
Area Are 4 25 17 59
10 9 12/P Railway (Btn. S.No. 12/P & 20/P) 20/P 20/P Road (Btn. S.No. 20/P &18/P)
50 70 90 40 80 90 40 40 50 50 10 70 50
13 02 01 09 01 39 25 50 02 36 53 19 73
04 25 23 18 44
50 80 30 00 00 2 : Chorvira
Hectare 3 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0
11
90 18/P 18/P 17/P 59 58 60 93/1P 62 3/1P Road (Near S.No. 3/1P) Nala (Near S.No. 90/P) 90/P 90/P 208 207/P1043 4 1 1 2 Chorvira (Cont'd) 3 0 0 1 0 1 0 0 0 0 0 0
27 47 31 04 07 66 23 15 49 69 19
5 90 30 70 00 60 70 40 80 40 70 90
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30 20 00 40 50 50 30 10 10
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60
51
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0
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34
1
50 207/P 206 515/P Cart track (Near S.No. 515/P) 515/P 202 199 197 198 515/P 238 237/P 237/P 236 235 Vagadiya Chorvira road (Btn. S.No. 235 & 245/P) ^ 245/P 245/P 245/P 245/P 245/P 245/P 245/P 245/P 245/P 245/P 246 515/P 249/P 249/P 249/P 515/P 307/1 Cart track (Btn. S.No. 307/1 & 304/2) 304/2 304/1P 304/1P 303 316 316 515/P 127/1P 126 122 515/P 89 90/P 90/P 90/P 93/P 93/P 102/P 102/P 102/P 102/P
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210GI/2O02—291044 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)]
Taluka :- Limbdi
District :- Surendranagar
State :- Gujarat
Name of Village
Survey No. / Block No.
Area
Are
L 2
1 1 J1 : Raska
Centare 1 5 | 30 40 50 10
4 1 17 80 46 07
Hectare 1 3 | 0 0 0 0
60
66
0
}
2 : Samla
50 40 80 40 40 20 50 20 00 40 00 40 90 00 20 50 40 10 20
18 39 57 02 62 47 02 15 93 20 10 50 15 10 09 16 12 11 22
05 18 14 38
10 70 90 10
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
10
01
0
}
80
90
0
}
0 0 0 0 0 0
09 05 00 49 09 05
50 70 80 90 20 10
40
58
0
}
10 00 50
0 0 0
42 05 52
20
52
0
}
3 : Ankewaha
29 36
50 10
0 0
421/1 73 75 421/1 84/P 84/P 84/P 421/1 83 421/1 Cart track (Near S.No. 421/1) 421/1 87 86 88 89/P 89/P 457 456 472 471 470 469 468 467 466 Cart-track (Btn. S.No. 466 & 501) 501 500 499 495/P 495/P 494/P 494/P 493 Nala (Btn. S.No. 493 & 583) 583 584 583 Nala (Btn. S.No. 583 & 615/P) 615/P 615/P 614 Govt Land (Btn. S.No. 614 & 612) 612 610/P 610/P 108 1071045 1 1 1
Ankewalia (Cont'd)
1 3 ! 0 0
65 80
90 90
0
50
75
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24
0
70
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1
12
80
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0 0 0
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0
37
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28 09 37 74 03 27
60 00 70 80 40 00
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4 : Ghaghretia
118 120 121/P 121/P 121/P Nala (Btn. S.No. 121/P & 93/P) 93/P 93/P 93/P 92 Surendranagar - Limbdi SH 20 (Btn. S.No. 92 & 90) 90 91/P 91/P 73 Ankewalia - Umedpur Road (Btn. S.No. 73 & 61) 61 60/P 60/P 59 Nala (Btn. S.No. 59 & 1) 1 8 10 7 14/P 14/P 15 17 16/P 16/P 16/P 21 22 23/P 23/P Cart-track (Btn. S.No. 23/P & 474/P) 474/P 474/P 473 470 471/P 471/P 469/P 469/P 469/P 468/P 468/P 465 461 456 1 Cart-track (Btn. S.No. 1 & 2/P)
1 0 0 0 0
14 75 54 00 00
80 30 80 20 201046 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 1 3 | 1 5 1 2 1 4 L l Ghaghretia (Cont'd) 20 0 43 } 70 40 50 00 00 90 30 40 40
07 36 60 16 29 23 20 22 10
0 0 0 0 0 0 0 0 0
80
0
55
20
62
0
5 : Natwargadh
04
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0
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53
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0 0 0 0 0 0
12 48 08 13 03 63
00 20 10 80 70 40 6 : Motatimbla
80
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70 50 40 20 70 60
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10
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50
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70
31
0
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0 0 0 0 0 0 0
16 16 19 04 36 08 04
80 30 40 30 80 50 90
90
69
0
2/P 2/P Cart-track (Btn. S.No. 2/P & 107) 107 110 Lakthar - Lundi Road (Btn. S.No. 110 & 111/P) 111/P 143/P 144/P 145 WBM Road (Btn. S.No. 145 & 147/P) 147/P 147/P 148/1 148/2 349/1 349/2 352/1 352/2 450/3 356 Cart track (Btn. S.No. 356 & 355) 355 Cart track (Near S.No. 355) 38 37/P 37/P 37/P 37/P 36 36 27 26 25 Cart track (Btn. S.No. 25 & 509/P) 509/P 509/P 509/P Cart track (Btn. S.No. 509/P & 500/P) 500/P 500/P Cart track (Btn. S.No. 500/P & 482) 482 480/P 480/P 486 487 488 489 489 490 Cart track (Btn. S.No. 490 & 476/P) 476/P 476/P
}1047 l_ 1
1 2 ]
1 3 1 1 4 1 1 s 7 : Nanatimbla
00 20 60 80 30 50 40
0 0 0 0 0 0 0
31 28 37 09 44 41 46
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70 80 10
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11 51 00 13
40 90 10 60
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0 0 0 0 0 0 0
80 00 10 30 40 90 70
41 01 38 35 27 23 53 8 : Ramrajpur
0
43
80
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290 288 289 Nala (Btn. S.No. 289 & 320) 320 326 325 327/1/P 327/2/P Cart track (Btn. S.No. 327/2/P & 13) . 13 12 9/1/P 9/2/P 15 8 Cart track (Btn. S.No. 8 & 58/1) 58/1 58/2 64/1 62 61 63 52/P 52/P Limbdi - Jambu Road (Btn. S.No. 52/P & 74) 74 82 80 83 84/P 87 13/P 13/P 14 15 16 17 18 20 37 33 36 35 32 Cart track (Btn. S.No. 32 & 90) 90 89 Cart track (Btn. S.No. 89 & 92) 92 93 96 95 Cart track (Btn. S.No. 95 & 146)
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
20 33 29 14 13 20 17 50 04 02 41 09 36 26 10 26 02 39 50 07
90 90 20 40 10 90 80 80 90 80 90 20 20 40 50 10 90 70 00 401048 THE GAZETTE OF IND1A : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 2 1 1 3 s ! Ramrajpur (Cont'd) 0 0 0 0 0 0 0 0 0 0 0
4 22 34 47 16 21 11 01 30 00 18 30
50 50 70 10 60 00 50 60 20 60 10
00
0
13
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70
80
0
1
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146 145 144 115/1 141/P 141/P 118 140/P 118 139 118 138/P 138/P 138/P 120/P 120/P 120/P 120/P 120/P Cart track (Btn. S.No. 120/P & 258)
258 256/P Cart track (Btn. S.No. 256/P & 247)
05 88 45 16 32 22 44
60 40 40 80 80 50 40
0 0 0 0 0 0 0
• 0
51
10
J
32 00
10 30
0 0
1
0
88
20
J
247 246 249 239/P 239/P 239/P 240 241 237/P 237/P 237/P Cart track (Near S.No. 237/P)
9 : Jambu
0 0 0
06 33 23
10 90 70
80
35
\
0 0
42 03
70 20
L 0
48
60
26 26
80 30
0 0
20
01
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50
28
}
101 100 99/P 99/P 113/1 113/2 121/P 121/P 121/P 121/P 121/P 121/P 121/P 122 123 120/P 120/P 124/P 124/P1049 1 1 1 1 3 1 [ 2 E 4 1 Jambu (Cont'd) 0 00 5 60 40 0 38 }
12 15 04
60 50 60
0 0 0
0
10
18
}
10 50 90 90 20 40 60
0 0 0 0 0 0 0
44 04 11 05 18 00 28
0
30
31
}
0 0 0 0 0 0 0 0 0
20 60 20 10 10 60 10 30 40
14 10 40 11 35 17 16 28 02
0
10
16
}
0 0 0 0
60 10 50 10
27 66 12 00
0
41
60
0
90
28
} }
0
20
50
0
20
33
}
0
60
13
0
27
40
0
04
40
}
10 : Parnala
50 20
07 19
0 o' 0
11
70
}
Govt Land (Btn. S.No. 124/P & 125/P) 125/P 125/P 126 127 128 130/P 130/P Govt Land (Near S.No. 130/P) Khari Nadi (Near S.No. 179/1/P) 179/1/P 178/1 179/2 180 216 218/P 218/P 219/1 219/2 225 221 224 238/1 238/2 245 244 243/1 243/2 241 Govt Land (Btn. S.No. 241 & 265) 265 264 266/P 266/P 267/P 267/P 268 270/P 270/P 275 274/P 274/P 273/P 273/P Cart-track (Near S.No. 927) 927 928/P 928/P 923 921 920 919 918
0 0 0 0 0
30 40 30 20 10
18 16 22 23 251050 THE GAZETTE OF INDIA : FEBRUARY2.2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 4 1 2 5 I 3 Parnala(Cont'd) 916/P 916/P
916/P 916/P 946/P 946/P 944/P 944/P 943 Cart track (Btn. S.No. 943 & 7) 7 5 6/P 6/P 22/P 22/P 22/P 22/P
22/P
23/P 23/P 21/P 21/P 21/P 24/P 24/P 24/P 20 Cart track (Btn. S.No. 20 & 79) 79 21 78
65
66/P 66/P 66/P 66/P 69/P 69/P 69/P 69/P 69/P 69/P 69/P 70/1/P 70/1 /P 70/2/P 70/3/P 70/3/P Cart track (Btn. S.No. 70/3/P & 241/P) 241/P 241/P 239/P 239/P
") 1
70
0
49
80
49
0
60
49
0
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0 0 0 0
43 08 14 00
20 80 20 20
60
47
0
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0
79
10 L 1
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50
00
0
80
86
0
0
01
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0 0 0 0 0 0
08 05 19 38 36 01
50 70 00 20 30 30 1 l
60
61
0
J
0
15
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0
44
20 l
J
0
09
"L
90 40
02
0
J
00
04
0
"1 J1051 1 1 2 1 3 1 4 1 L 5 Pamala (Cont'd) 0 0 0
57 66 16
90 20 30
0
63
70
0
63
90
10
0
26
} iLJ
0
75
10
64
30
0
0
91
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0 0
12 43
00 40
0
58
10
}
0
02
50
0
10
58
}
0
97
70
}J
0
36
40
0
41
10
0
12
70
}J }J
11 :Ralol
0 0 0 0 0 0 0
33 52 15 07 51 00 64
60 20 50 10 50 60 10
0
96
50
\J
1
04
90
1 J
240 238 230 233/P 233/P 233/P 216 215/P 215/P 215/P 210/P 210/P 209/P 209/P 206/P 206/P Cart track (Btn. S.No. 206/) & 166) 166 204/P 204/P 204/P 190 203/P 203/P 202/P 202/P 202/P 202/P 201 200/P 200/P 200/P 200/P 198/P 198/P 198/P 198/P Govt Land (Btn. S.No. 198/P & 199) 199 Govt Land (Near S.No. 199) 1657 1658 1656 1660 1662/P 1662/P 1662/P 1662/P 1663/P 1663/P 1663/P 1663/P 1669 1598
0 1
02 07
50 40 210GI/2002—301052 THE GAZETTE OF 1ND1A:FEBRUARY2,2OO2/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1 2 1 4 | L 3 Ralol (Cont'd) 11670 5 80 00 80 70
0 î 0 0
10 84 01 57
50
3
49
}
10 90 00 70 30
37 19 28 25 27
0 0 0 0 0
1598 1623 1598 1613/P 1613/P 1598 1610 1609 1608 1606 1605/P 1605/P
80
33
0
1605/P
1 /: rv c /Tt
1LI
[No.L-14014/6/02—GP] SWAMISINGH, Director1053 1054 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHÀ13,1923 [PART II—SEC. 3(ii)] 1055 1056 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART H—SEC. 3(ii)] 1057 1058 THE GAZETTE' OF IND1A : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 1059 210GI/2002—311060 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1061 1062 THE GAZETTE OF ÎNDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1063 1064 THE GAZETTE: OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 1065 1066 THE GAZETTE OF INDIA : FEBRUARY2.2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1067
New Delhi, the 31 st January, 2002
s.o.300.—Whereas it appears to the Central Government that it is necessary in the public interest that for the transportation of re-gasified liquified natural gas (LNG) from Jamnagar in the State of Gujarat to Bhopal in the State of Madhya Pradesh, a pipeline should be laid by M/s Gas Transportation and Infrastructure Company Limited;
And whereas it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the right of user in the land under which the said pipeline is proposed to be laid and which is described in the Schedule annexed to this notification.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby déclares 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 the notification issued under sub-section (1) of section 3 of the said Act, as published in the Gazette of India, are made available to the gênerai public, object in writing to the laying of the pipeline under the land to Shri K. B. Pathak, Compétent Authority GTICL Pipeline Project, 102-103, Shivam, 9 Patel Colony, Pandit Nehru Mare. Jamnaear - 361008 Guiarnt
210GI/2002—321068 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)]
SCHEDULE
Taluka :- Padadhari District :- Rajkot
State :- Gujarat Naine of Village
Survey No. / Block No.
Hectare
Area Are Centare 1
1 : Hadmatiya
5 40 40 60 20 70 30 90 70 90 60 00 40 70 30 40 10 00 40 30 30 30 20 10 70 60 80 20 10 90 50 70 40 00 00 10 10 10 90 50 20 70 80 50 60 40 30
4 69 46 37 03 23 34 07 20 08 73 08 03 46 02 50 13 24 27 31 31 28 27 06 31 09 17 04 08 00 34 23 00 37 46 38 36 25 10 68 01 66 01 05 20 22 27
3 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
590/P 209 208 207/1 207/2 206/2 205/2 205/1 203 198/P 590/P 195/P 195/P 196/P 196/P Hadmatiya -Dangra Road (Btn. S.No. 196/P & 189/P) 189/P 189/P 190/P 190/P 191 590/P Western Railway Main Line (Near S.No. 590/P) 590/P 590/P 590/P Hadmatiya Kotda Road (Near S.No. 590/P) 590/P 180 179 169 178/P 170/1 171 173/1 156 155 151/P 590/P 24/P 28 27 590/P 31 32 331069 L i |
1 3
1 2
1 4 Hadmatiya (Cont'd)
2 : Jodhpur
3 : Rupavati
4 : Nani Chanol
5 : Nana Khijadiya
24 07 20 13 33 44 38 31 38 14 17 01 20 00 09 43 35 33 81 13 58 76 35 22 17 82 44 34 17 39 02 09 33 22 31 20 07 80 48 26 32 14 14 13 34 24 01 28 13 32 32 11
| 5 40 50 50 90 20 60 20 30 10 10 70 70 90 60 40 90 80 20 90 40 30 20 80 10 00 20 90 30 50 20 10 90 50 80 00 10 50 50 70 20 20 20 20 10 00 20 40 30 80 30 30 60 34 35/P Cart track (Btn. S.No. 35/P & 44) 44 43 42 41 84 83/P 82 81 88 89 80 Cart track (Btn. S.No. 80 & 105) 105 106 100 99 108/P 148 150 157/P 156 158 169/1 P 170 171 7 8/P 134/P Cart track (Near S.No. 134/P) 134/P 35/P 50/2 37 36 50/2 43/P 42/P 40/P 25/P 25/P 25/P 25/P 26/P 27/P 27 ' 127/P 28/P 28/P 127/P
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01070 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 2 1 Nana Khijadiya (Cont'd) 6 : Vanpari
7 : Padadhari
4 12 34 45 30 47 31 25 01 49 18 66 25 01 10 14 14 14 14 21 19 58 12 42 41 34 26 64 95 21 84 23 18 09 11 05 00 15 17 07 17 33 00 07 37 06 49 61 67 36 37 00 04
5 60 90 90 90 10 90 00 20 80 50 40 40 70 70 30 30 30 30 40 50 70 50 40 90 50 20 10 70 30 00 50 60 70 90 10 10 80 20 20 70 70 70 60 00 80 30 70 30 00 80 30 30
3 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
31/P 31/P 32/P 127/P 39 Govt. land (Near S.No. 39) 39 38 127/P 66 67/1 P 73 74/P 127/P 75/1P 75/1P 75/1P 75/1P 75/1P 83 85 Jamnagar-Rajkot SH-25 (Near S.No. 130/P) 130/P 129 128/P 127 146/P 145/P 151/A/2 Dondi River (Near S.No. 423) 423 422 WBM Road to Khakrabela (Btn. S.No. 422 & 417/P) 417/P 412/P 413/P 416/P 415 Cart track (Btn. S.No. 415 & 384) 384 383 382 Cart track (Btn. S.No. 382 & 387/P) 387/P Cart track (Btn. S.No. 387/P & 348) 348 349/P Cart track (Btn. S.No. 349/P & 339/P) 339/P 336 338 3371071 l_ 1
1 2
Padadhari (Cont'd)
8 : Movaiya
9 : Ukarda
3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 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 33 61 47 40 69 07 27 22 24 04 01 07 04 36 33 44 53 03 57 26 19 19 19 54 05 72 15 06 61 39 32 41 06 22 34 73 04 09 08 87 00 30 00 47 14 08 44 07 05 03 08 30
5 10 80 40 10 70 20 00 70 10 90 50 90 80 00 10 60 70 60 50 20 30 30 20 40 70 60 20 40 60 10 10 10 80 80 50 70 50 30 00 40 90 00 30 70 30 20 20 10 40 30 80 00 335 332 323/P 319/P 320 318 315 316 Cattle field (Btn S.No. 316 & 317) 317 312 Cart track (Btn. S.No. 312 & 289) 289 291 292/P 294/P 297/P 281 45/P 50 51/P 51/P 51/P 34/P 32/3 33 43/P 32 44/1/P 45/P 46/P 62/P 60 61 64/P 65 66 67 Padadhari-Mitana SH-120 (Btn. S.No. 67 & 73) 73 72 Cart track (Btn. S.No. 72 & 193/P) 193/P 194 195 Nala (Btn. S.No. 195 & 319/P) 319/P Cart track (Btn. S.No. 319/P & 317/P) 317/P 315/1/P1 316/1 315/11072 THE GAZETTE! OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART H—SEC. 3(ii)] 1 2 Ukarda (Cont'd) 10 : Dahinsarda
4 17 28 08 09 75 85 24 23 84
5 20 40 60 30 80 20 50 40 70 315/2 315/4 314/P 314/P Aji River (Near S.No. 314/P) 271/A2 8/P 15/1/P 15/1/P
3 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0
43 23 21 45 10 11
40 90 90 30 10 50 15/1/P 13/1/P 14 12/P Cart track (Near S.No. 12/P) Govt. land (Near S.No. 12/P
Taluka :- Chotila
District :- Surendranagar
State :- Gujarat
Survey No. / Block No.
Naine of Village
Area Are
Hectare
1
1 : Morthala
Centare 5 30 10 10 50 50 90 90 20 50 20 10 80 90 00 70 80 50 20 70 60 50 40 80 20 30 60 80 20 70 00
13 32 22 24 16 59 03 40 19 37 31 22 08 64 52 05 00 40 87 27 23 33 05 78 47 39 13 16 20 47
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0
2 Nala (Near S. No. 160/1/1) 160/1/1 160/4 160/2P 161 160/3 Drain (Btn. S. No. 160/3 & 156/1) 156/1 156/2 153 152 113/1 143/3 1Ï3/3P 140 Cart track (Btn. S. No. 140 & 115/2) 115/2 116 115/1P 115/3 118/1 118/2 Cart track (Btn. S. No. 118/2 & 106/2) 106/2 97/1P 97/3P 97/3P 97/7/P2 97/7/1'1 97/41073 1 1 1
L 2 1 1 3 1 1 4 1 1 S Morthala (Cont'd)
*
2 : Devpara (Chotila)
3 : Sarsana
4 : Abhepar
97/5 90/4 90/6 Morthala-Than Road (Near S. No. 90/6) 212 118 122/3 122/4 127 Cart track (Btn. S.No. 127 & 126) 126 128 129 130 133 132 Maha River (Near S.No. 132) 216 215/1P 215/1P 214 213 212 211 211P 210 208 207P 206 Asphalted Road (Btn. S.No. 206 & 178) 178 181P 180P 180P 180P Cart track (Btn. S.No. 180P & 196/1P) 196/1P 193/1P 195P 194P 32/2 36/6 37 Nala (Btn. S.No. 37 & 48/2) 48/2 48/1 47/1 49/2 Cart track (Btn. S.No. 49/2 & 56/3) 56/3 56/2/P/l 55/3P/P2
11 50 11 06 57 00 08 52 00 03 35 10 29 06 27 39 28 24 30 41 88 01 43 18 20 19 47 01 60 01 48 04 20 25 30 08 20 01 78 41 26 52 35 16 23 09 64 62 09 53 19 04
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
90 60 30 60 40 60 70 40 10 40 70 50 60 70 20 90 20 60 30 70 80 70 10 40 50 70 10 10 70 30 80 40 00 40 00 30 00 90 90 80 10 90 80 70 40 10 70 20 30 60 80 601074 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1 1 1
1 2
1 3 1
Abhepar (Cont'd)
1 4 101
5 : Navagam (Than)
6 :Amrapar
7 : Charankanu -Vid 8 : Kanpar
9 : Songadh
04 37 01 42 16 12 44 09 93 29 07 19 17 17 17 17 05 12 03 02 54 29 46 70 40 51 02 34 69 05 29 10 29 41 04 30 07 19 60 43 43 24 20 01 02 21 03 34 06 49 24
5 50 60 00 10 00 80 20 70 60 70 60 00 70 20 20 20 20 20 00 90 80 40 60 30 80 10 80 30 70 70 40 60 10 00 50 80 30 70 60 90 00 20 00 40 20 50 80 50 70 10 20 40
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
56/1 55/3P/P2 55/6 55/2 62/1P 63/2P 63/1 64/6 71/4 65 62/2 67/1 252/1 248/1P/1 248/1P/2 248/1P/3 248/1P/4 Nala (Btn. S.No. 248/1P/4 & 248/4) 248/4 248/3 Road (Btn. S.No. 248/3 & 236/1) 236/1 236/2 237/P1 240 239/P1 62P 63P 63P 280/P Asphalted Road (Near S.No. 65/2) 65/2 Drain (Near S.No. 65/2) 171-1/6 4/1 Cart track (Btn. S.No. 4/1 & 5) 5 Cart track (Btn. S.No. 5 & 169/1) 169/1 164P Cart track (Btn. S.No. 164/P & 150/P) 150/1P 151 146 143 145 144 136/2 136/1 137 171/1/7 841075 1. 1 1
1 2
1 3
1 4
Songadh (Çont'd)
1 5 00 00 90 70 30 00 60 00 60 80
0 0 0 0 0 0 0 0 0 0
03 06 09 93 01 43 03 40 82 70 83 Cart track (Btn. S.No. 83 & 78/1 P) 78/1P 77/1P 73 74/1 Drain (Near S.No. 74/1) 66/1/1 71P 68/1
Taluka :- Wadhwan
District :- Surendranagar
State :- Gujarat
Survey No. / Block No.
Naine of Village
Hectare
1
2
1 : Rampura
Centare 5 50 80
3 0 0
Area Are 4 79 08
1
80
30
-, f-
J
20
0
02
\ J
90 10 00
0 0 0
52 07 51
0
00
01
90
0
l
55
J ^
34
20
0
J
0 0
50 10
16 43
\
20
0
80
70
57
0
90
0
62
J -1 J -Ï }- J
40
0
05
71
80
0
0
70
48
-, J" -i J
645 644 632/P 632/P 632/P 631/P 631/P 630 Cart track (Btn. S.No. 630 & 738) 738 737/P T 737/P V 737/P -J 739/P > 739/P 739/P 740/P 740/P L 740/P Nala (Btn. S.No. 740/P & 746) 746 743/P 743/P 778/P 778/P 779/P 779/P 779/P Cart track (Btn. S.No. 779/P & 839/P) 839/P 839/P 843/P 843/P 83CT
60
0
03
210GI/2002—331076 THE GAZETTE OF INDIA:FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1 3 1 2 Rampura (Cont'd) 00 48 o -, 1 f J 60 70
0 0
22 39
80
0
27
"1 J
30 40 70 40 90 80
0 0 0 0 0 0
20 00 13 15 13 05
40
0
22
-, J
50
20
0
40
59
0
-, V -1
10 90
07 02
0 0
10
15
0
50
0
10
] f J -i J
60 00 60
04 01 22
0 0 0
70
0
08
\ J
70 00 40 10 30 60 60
55 07 05 00 15 34 28
0 0 0 0 0 0 0
10
06
0
1 J
0 0
11 61
50 60
20
11
0
00
51
0
10
30
0
1077 1 2 3 4 5 , Rampura (Cont'd)60
0
43
l -J
0 0
20 90
14 27
10
0
60
1 J
0 0 0 0
25 16 13 35
10 30 10 00
0
01
40
-, J
2 : Gundiyam
0 0 0 0 0 0
60 40 30 10 50 90
07 06 41 50 50 43
0
60
52
0
60
40
"1 J i L J
0
37
50
0
35
60
1 *- j
0 0 0
80 70 70
78 16 17
0
24
10
0
30
14
1 -> -i ^ J
0 0 0 0 0 0 0 0 0
19 41 12 00 73 48 07 08 00
70 10 40 50 80 80 00 20 50
0
17
10
0
50
18
0
30
37
"1 J
1053/2P 1053/2P 1053/2P 1051 1050 1046/P 1046/P 1034/1 1034/2 1047 1033 1032/P 1032/P Cart track (Btn. S.No. 1032/P & 1149) 1149 1151/1 1151/2 1153 404 403/1P 403/1P 402/P 402/P 402/P 401 400/P 400/P 399 414 415 416/P 416/P 417/P 417/P 417/P Cart track (Btn. S.No. 417/P & 269) 269 268 268 276 277 278 Gundiyani NH-8A Road (Btn. S.No. 278 & 284/P) 284/P 283/P -i 283/P L J 283/P 280 282/P 282/P 282/P 281 Cart track (Btn. S.No. 281 & 261)
0 0
00 08
30 40-u* THE GAZETTE OF INDIA:FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC.3(ii)] 2 Gundiyani (Cont'd) 5 80 50 60 60 90 0 30 10 40
4 41 05 36 07 27 0 13 17 44
3 0 0 0 0 0 0 0 0 0
90
25
0
Lfj
27 00 37
30 60 00
0 0 0
10
00
0
0
22
00
30
54
0
i }
20 80 00 00 40 10 60 70 10
25 20 19 11 06 08 16 15 16
0 0 0 0 0 0 0 0 0
0
15
20
i[j
14
10
0
80
05
0
>
66
00
0
50
00
0
>
80
03
0
}
0 0 0 0 0 0 0
26 21 46 68 84 08 03
10 10 00 80 00 20 00 3 Kariyani
on
0
26
i ;
261 ~ — 257 259 Cart track (Btn. S.No. 259 & 103) 103 110 109 108 107 113/1 113/2P 113/2P 113/3 115/1 115/2 116 129/P 129/P Cart track (Btn. S.No. 129/P & 93/P) 93/P 93/P 89 88/P 88,87/1" 87 86 85 84 83 82 81/P 81/P 81/P 80 79/P 79/P Cart track (Btn. S.No. 79/P & 55/P) 55/P 55/P 60/P 60/P 62 63 64 66 68/1 68/2 Nala (Near S.No. 68/2) 19/P 19/P 19/P1079 1 1
1 2
1 4 | 5 I
i 3
Kariyani (Cont'd)
10
35
0
}J
00
0
13
30
0
05
}
50 70
0 0
09 09
0
16
00
J
0
08
10
J
0 0
55 00
90 20
80
58
} }
00 05
90 50
1159/P)
0 0
30
21
0
}
00
19
0
}
0
71
10
0
20
50
0
30
77
0
59
70
0 0
04 19
50 70
50
0
53
}
30
84
0
24
30
0
0
53
10
j } }
4 : Kharawa
18/P 18/P 18/P 18/P 11 10/P 10/P 9 8 7/P 7/P 7/P 6/P 6/P 6/P 12 13/P 13/P 4/P 4/P 4/P 3 Kariyani - Timba Road (Btn. S.No. 3
0
80
- L ij } lI ↩
051080 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 2 1 5 f i ! 1 4 1 L_1_J Kharawa (Cont'd) 1 04 0 30 } 0
65 0
01 0
43 J } }
0
23 0
20 23 0
} }
0
18 }
35 0
29 0
}
12 0
20 0
0
21 46 0
04 0
46 0
} } > } } }
05 55 13 0 0 0
37 0
}
0
29 07 0
} }
0
70 0
65 }
18 0
16 0
}
37 0
\ J
0 0
10 12 40 10 80 90 50 80 30 70 70 70 80 50 20 10 40 00 00 10 80 50 40 10 20 60 70 60 90 001081 2 3 4 1 Kharawa (Cont'd) 1 90 22 0 J
04
70
0
70
0
50
40
0
82
1 J -, 1 f J
5 : Gomta
0 0 0 0 0 0 0
00 16 31 38 06 01 26
20 80 70 20 80 40 90
"")
0
23
70
0
21
00
0
54
90
0
32
40
J -i J"
224/P 224/P > 224/P Cart track (Btn. S.No. 224/P & 31/P) 31/P 31/P 29/P 29/P 29/P 29/P 30 W. R. Surendranagar-Limbdi (MG) (Near S. No. 30) 1076 1075 1074 1045 42 41/P 41/P 41/P > 41/P J 41/P -. 43/P J 43/P 44/P -, 44/P L 44/P 45/P 45/P
-i
0
38
60
J
[•
0
55
60
0
05
30
0
29
60
-| f
J
0
27
50
0
60
70 46/P 46/P 49/P 49/P 49/P Kharawa - Gomta Road (Btn. S.No. 49/P & 50/P 50/1/1 50/1/2 51 52/P "1 52/P l 52/P • J
0
30
80
0
69
50
-1
. J
0 0 0
00 27 20
70 30 . 90
0
30
10
1 r
J
53 54/1 54/2 56/3 55/3 56/1 127/P 127/P 128 132
0 0
62 53
50 901082 THE GAZETTE OF INDIA:FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 2 1 1 1 1 4 1 5 Gomta (Cont'd) 33 30 1 3 | 0 } 0 0
08 18
00 80
70
15
0
>
144)
0 0 0 0 0 0 0 0 0
16. 17 38 23 24 21 11 22 09
40 40 60 30 30 90 10 50 90 133/l/P 133/1/P 134 133/2 135/1 135/2 137/1 137/2 138 141 142 143 Cart-track(Btn. S.No. 143 & 144) 144 Gomta - Rai WBM Road (Near S.No.
[No.L-14014/7/02—GP] SWAMISINGH, Director1083 21QGI/2002—341084 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 1085 1086 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)J 1087 1088 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART H—SEC. 3(ii)] 1089 ,™ T™ GA7.F.TTE OF INDIA:FEBRUARY2,2OO2/MAGHA13,1923 [PART H - ^" 1091 210GI/2002—351092 THE GAZETTE; OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1093 1094 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 1095 1096 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 1097
New Deilii, *ne 1 st r ebruary, 2002
s.o.301.—Whereas it appears to the Centrai Goverrinent that ît îs necessary in the public interest that for the transportation of re-gasifi'-d liquified natural gas (LNG) from Jamnagar in the State of Gujarat to Bhopal in the State of Madhya Pradesh, a pipeline should be laid by M/s Gas Transportation and Infrastructure Company Limited;
And whereas it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the right of user in the land under which the said pipeline is proposed to be laid and which is described in the Schedule annexed to this notification.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerais Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby déclares 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 the notification issued under sub-section (1) of section 3 of the said Act, as published in the Gazette of India, are made available to the gênerai public, object in writing to the laying of the pipeline under the land to Shri A.K. Sanghavi, Compétent Authority, Gas Transportation & Infrastructure Company Limited, 304, Atlanta Tower, 3rd Floor, Opposite Inqulab Society, Gulabi Tekra, Ambawadi, Ahmedabad, Gujarat-380015.
1098 THE GAZETTE; OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)]SCHEDULE
Taluka : LIMKHEDA
State : Gujarat
District : DAHOD
AREA
Name of the Village
Survey No.
Sq. Mtr.
Hectare Are.
2
1
1)NAVAVDIA
26 27 28
3 0 0 0
5 40 60 80
4 70 25 12
0
62
50
0
80
10
20
0
g
48/1 \ 48/2 J 23 P ) 23 P \ 23 P J 31 P 1 31 P J
0 0 0 0 0 0 0 0 0
30 50 10 20 50 60 60 60 70
28 16 22 15 0 30 27 47 46
0
26
60 32 47 (Govt. Land) 33 34 35 36 37 45 46 66 P 66 P 66 P > 66 P 66 P J
Cart track (In between Sur. No. 61 & 66) Cart track (In between Sur. No. 66 & 11 )
(Govt Land)
0 0 ô 0 0 0 0 0 0 0 0
1 1 12 23 3 85 0 14 10 0 7
60 00 70 20 30 70 10 50 70 40 60 2) MACHHELAI
2
70
o
61 11 55 8 51 52 53 54 River 55/1 55/2
Cart track (In between Sur. No. 55 & 54)
54 203 29 97
0 0 0 0 0
5 42 39 41 2
70 20 90 00 601099 2
1 1 MACHHELAI (Cont'd)
5 20 80
3 0 0
4 39 18 31 32 26/1 26/2 26/3
40
0
12 3) JUNAVADIA
5 12 15 7
0 0 0 0
30 20 80 40
1
29
10 26/4 26/5 26/6 33 25 24 River 41 P \ 41 P 41 P 41 P 41 P 41 P 41 P 41 P 41 P 41 P 41 P 41 P V 41 P f 41 P 41 P 41 P 41 P 41 P 41 P 41 P 41 P 41 P 41 P 41 P J
24
0
18
00 25 P 1 25 P Y
0
33
30
0
54
40 25 P J 28 P ! 28 P \ 28 P J
52 51 River River
0 0 0 0
4 7 14 16
00 40 70 00 210GI/2002—361100 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] I
1
4) DAKARA
2
(Fall in Sur. No. 4A)
5 30
3 0
4 I 5
-,
Strean; 4/A
16
60
0
4/A
/
0
60
(Fall in Sur.No. 3)
5
0
22
20
1 \
J
5) SIGAPUR
0 1
3 33
90 30
(Govt. Land)
74
1
90
>-
j
0
(Govt. Land)
00 30 90
0 0
14 3 0
48 39
(Govt. Land)
(Govt. Land)
(Govt. Land)
6) PHOOLPARI
ROÎS;< 3/1 3/2 3/3 Stream 19/2 19/1P 19/1P 19/1P 19/1P 19/1P 19/1P 19/1P 19/18 18 19/20 19/19 7/B 8
(Govt. Land)
6 6 92 4
0 0 •0 0 0 0
50 10 70 20 30 90 30
44
40
32
30
65
0 0 0
1
31 7/A 32 33 34 29 28/1 28/2
10
85
0
1
J (In between Sur.No. 28 & 7A)
50 00
3 7
10
12 0
60
0 0 0 0
(In between Sur.No. 5 & 7A)
(Fall in Sur.No. 5)
"> (Govt. Land)
60
74
0
V (Govt. Land)
(Govt. Land)
28/3 28/4 Stream 27 Road Stream 5/P 5/P 5/P 5/P 5/P 5/P 5/P 5/P 5/P J
30
0
(Fall in Sur.No. 5)
0
Streaim1101 2 1 1 7) FATEPURA Road (Fall in Sur.No. 15) 15
Stream (In between Sur. No. 15 & 32)
32
31
3 0 0 0 0 0
4 5 4 40 22 00 32 30 16 90 21 40 16 80 30
0
29/1/A "| 29/1/B I
0
33 40 29/2/A [ 29/2/B J
53 70
0
28/1 1 28/2 J
27 37
0 0
38
8) JAMDARA
220
0 0
41 50 45 30 43 90 6 90
0
39 20
0
7 60 215/1 "1 215/2 I 215/3 [ 215/4 J 216/1 S 216/2 216/3 216/4 216/5 l 216/6 f 216/7 216/8 216/9 216/10 J
214
213
0 0 0 0 0 0 0 0 o - 0 0
0 0 0
0 0
210 208/4 208/3 206/1 206/2 206/3 206/4 206/5 206/6 206/7 206/8 206/10 206/11 206/12 206/13
Cart track (In between Sur. No. 206/8 & 206/11)
0 0 0
205/1 205/2
0
32 40 0 20 24 70 9 50 20 10 6 30 6 00 10 00 11 70 10 10 5 10 4 10 8 40 5 60 4 40 2 20 4 30 5 30 21 10 35 101102 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 2 1 1 I 9) SATIFALIYA River 65
Road (In between Sur. No. 65 & 39)
39
Road (Fall in S. No. 39)
64 43 45 46 47/1 47/2 47/3 19
Road (In between Sur. No. 47/3 & 19)
(Govt. Land)
72 18 25 26 74 73 Part
Road (Fall in S. No. 73)
Open Land (Govt. Land)
10)MOTI BANDIBAR
I 3 | 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0
I 4 9 25 2 46 2 39 32 16 33 3 39 12 30 1 12 6 31 4 5 37 3 14 19 2 10
I 5 | 90 40 20 10 00 60 10 30 40 60 90 70 70 50 30 10 20 80 30 70 10 00 80 20 60
85
0
0
10
19
0
27 24 38 14
90 10 60 80
0 0 0 0
301/1 301/2 Road 269/1 1 269/2 1 269/3 | 269/4 J 275/1 "1 275/2 J 270/1 270/2 272 River River
11)MOTIVAV
193 (Govt. Land)
Stream (In between Sur. No. 3 & 4)
Road (Fall in S.No. 4)
23 18 1 3 36 16 14
80 60 20 30 70 10 20
0 0 0 0 0 0 0
4 3 7
0
66
60 8/1 1 8/2 \ 8/3 J
80 10 70 80
5 5 23 13
0 0 0 0
10 17 12 13/11103 2 I 1 I MOTIVAV (Cont'd) 5 I 80 20 80 20 40 40 00 20
3 0 0 0 0 0 0 0 0
4 I 20 29 5 0 3 7 37 13 15/1 15/2 15/3 14/1 14/2 14/3 154 156/2 140 P 140 P 140 P
0
8
50
30
0
7
1
140 P 140 P 140 P 153 159/1/A 159/1/B
10
40
o
[J
10
0
57
1
10
0
30 60 80
0 0 0
3 36 0
(In between Sur. No. 163 & 168/10)
80
0
22
}
00 90 20 50 50 20 70 70 50 80 90 50
(Govt. Land)
0 0 0 0 0 0 0 0 0 0 0 0
5 4 7 1 11 1 29 10 1 0 36 0
159/1/C 159/1/D 162 Part 161/1 161/2 161/3 161/4 161/5 163 166/1 Cart track 166/2/A 166/2/B 169/2 168/10 168/9 168/3 168/4 168/5 174 82/1 82/4 82/5 204 2091104 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 3 I 4 I 5 2 1 MOTIVAV (Cont'd) 44
40
0
92/1 P \ 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P 92/1 P )
205 86/1 86/2 206 182 180 179 (Govt. Land)
River
12)VANJARIA
Stream (Fall in Sur.No. 73)
73
Stream (In between Sur. No. 73 & 77/A)
74 75/1 77/A (Govt. Land)
Cart track (Fall in Sur. No. 77/A)
71 70 59 60 61 P 62 63 64 P 65 66 67 68 P 78 P 79
Road (In between Sur No. 79 & 78)
30 20 40 00 90 80 00 90 50 60 10 80 40 10 00 10 30 10 40 60 00 00 30 00 70 10 00 20 60 60
0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
39 14 18 1 21 78 1 10 1 6 5 27 4 9 1 45 15 0 5 9 16 21 25 24 17 18 27 8 7 31105 1 2
|
1 1
13) LUKHAWADA
5 50
3 0
I 4 3
60
0
0
54
00
0
182/1
194/1
194/2
194/3
194/4
194/5
195/1
195/2
195/3
195/4
195/5
0
40
0
196/1P "]
196/1P >
36/1P J
19.'."'
197/2
202/9
201
47 20 3 27
20 90 20 80
0 0 0 0
50
0
38 214/P l 214/P J 217/3 217/4 217/5 217/6 216/3 216/4 89/2 89/3 89/4 90
90 60 50 80 40 20 50 30 80 00
0 0 0 0 0 0 0 0 0 0
13 5 6 4 11 3 9 4 3 16
17
30
0
0 0 0 0 0 0 0
8 10 0 7 10 7 16
30 80 80 90 60 10 90
0
20
60
0
33
40 91/1/1 1 91/1/2 l 91/1/3 91/3 93/1 93/2 87/2 87/3 87/4 86 84P 84P 84P 84P 84P 84P 70/P ; 70/2P
Stream (In between Sur. No. 67/2 & 70)
0
13
701106 THE GAZETTE OF INDIA : FEBRUARY 2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 2
I
1
LUKHAWADA (Confd) 69
5 90 40 20 00 80 80 60 50
4 I 15 0 14 15 7 20 7 5
3 0 0 0 0 0 0 0 0
60
62
0
(In between Sur. No. 55/3 & 50/7)
0 11 11 6 2 2 2 3 13 13 0 7 2 4 8 0
10 80 50 70 30 30 40 60 30 60 10 00 60 20 50 40
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
67/1/2P
68/1
68/2
68/3
64/1
64/2
64/3
61P
61P
61/P
61/1P
61/3P
62/1/5P
55/1
55/2
55/3
56/1
56/2
56/3
Road
50/1
50/2
50/3
50/4
50/5
50/6
50/7
50/8
44/1
44/2
44/3
44/4
44/5
44/6
y
10
0
29
1
80
0
44/7
44/8
44/9
44/10
44/11
44/12
38/4
37/1
37/2
"7/3
37/4
V
43
70
0
37/5
37/6
37/7
37/8
1107 •• • ' 1 I 2 LUKHAWADA (Cont'd)3 0 0 0 0 0 0 0 0 0
4 18 19 14 0 10 20 1 9 20
5 20 80 80 90 00 10 70 80 30 14) DUDHIYA
43
30
0
46 36 33/1 33/2 33/3 33/4 32/2 31/1 31/2 79/1 ! 79/2 J
80/A/2 )
80/A/3 1
19
70
o
(Govt. Land)
1
6
80
90
(Govt. Land)
3
80/A/4 f 80/A/5 J 80/B/1 ^ 80/B/2 80/B/3 80/B/4 80/B/5 80/B/6 80/B/7 Stream
0
State : Gujarat
District : DAHOD
Taluka : JHALOD
Survey No.
Name of the Village
Hectare
2
I
I
I 1 1)SUTHARVASA
Stream
(In West of Sur. No.73/1)
73/1 73/2
73/3
73/4
73/5 73/7
73/8 Stream
(In between Sur. No.73/7 & 70/5)
71/6 70/4
70/5 64 65A1
63/1
65/2
62/1
65/3
Sq. Mtr. 5 60 60 40 60 60 90 30 80 00 50 30 40 40 30 00 10 00 00 70
AREA Are. I 4 | 3 13 9 8 9 4 2 60 10 5 12 13 22 33 10 58 2 61 11
3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
60/1
210GI/2002—371108 THE GAZETTE OF .INDIA : FEBRUARY 2,2002/MAGHA13,1923 [PART II—SEC. 3(ii)] 2 I i 1 1 i SUTHARVASA (Cont'd) 2) AAMBA
(In between Sur. No.377&219)
(In between Sur.No.216&218)
I 4 | 9 13 29 36 25 1 1 23 0 18 2 23 0 8 8 13 25 3 32 44 34 51 16 4
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
5 70 60 90 50 00 20 90 60 70 50 30 40 40 80 30 60 10 10 20 20 70 70 30 60
30
0
10
}
(In between Sur. No.218&214)
16
0
80
1
35
50
0
\J
(In between Sur.No.209/1&395)
(In between Sur.No.396/1&396/3)
(In between Sur.No.396/1&396/5)
(In between Sur,No.178&4/1)
(In between Sur.No.178&4/1)
(In between Sur.No.178&6)
cO/2 60/3 58 59/1 54/i 51/1 51/2 51/3 51/4 53/1 52/1 50/6 50/5 50/4 50/3 50/2 377 Road 219 378 379 217 216 Road 208/1 208/2 Road 214/1 214/2 214/3 Stream 395 Road Road 396/3 396/5 1 Road Road 02/3 04/1 178 Road 85 6 7 08/1 08/2 9 10/2 Stream
(In between Sur. No.98.173)
1 64 1 12 2 3 40 14 1 5 1 48 13 2 18 15 16 14 30 2 22
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
40 90 50 30 60 50 80 40 50 40 30 50 10 60 80 20 00 40 90 20 901109 1 2 I (In between Sur.No.10/2&85) AAMBA (Cont'd) 4 | 6 71 17 24 17 15 13 14 19 43 21 38 42 0 21 21 57
5 00 30 00 60 10 20 20 50 50 70 00 20 00 40 00 00 50
3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
1
Road 173 172 92 93/1 93/2 94/1 94/2 95/2 96 97/2 98 99 100 101/1 101/2 105/1 104/1 104/2
30
68
0
I J
(In between Sur.No.113&112)
3) MUNDHA
84 43 7 2 97 80 40 28 44
10 40 20 00 40 50 10 30 20
0 0 0 0 0 0 0 0 0
50
24
0
10
5
0
} }
(In between Sur.No.273&221)
(In between Sur.No.271&268)
(In between Sur. No.271&268)
45 23 1 44 8 3 6 58 10 20 5 20 36 10 18 36 4
50 50 40 50 00 40 80 10 30 00 80 40 10 90 70 40 00
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
(In between Sur. No.16 & 15)
104/3 104/4 112 113 Road 235 234 233 230 229 228 219/1 219/2 274/1 274/2 220 221 222 273 Stream 271 Stream 269 Stream 268 265 263 264 07/1 07/2 16 Road1110 THE GAZETTE OF INDIA:FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 2 I I 1 1 MUNDHA (Confd)
(In between Sur. No. 12 & 86)
(Fall in Sur. No.86)
(In between Sur. No.86 & 87/11)
(In between Sur. No.77&70/2)
(Fall in Sur. No. 70/1)
15 14 12 13 Road 86 Stream 87/7 Stream 87/11 87/10 88 89 79 78/5 78/3 77 70/1 Stream 70/2 Stream 72/2 Stream Stream
(Fall in Sur. No.70/2)
(EastofSur. No.72/2)
4 | 46 1 43 11 6 49 0 9 2 11 1 44 45 1 24 0 2 41 0 11 0 41 0 5
5 00 90 10 00 40 60 10 40 40 70 20 50 10 10 60 30 50 40 60 40 20 50 40 90
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
Taluka : DEVGADBARIA
District : DAHOD
State : Gujarat Name of the Village
Survey No.
Sq. Mtr.
1 I
2
I
1. REBARI 265
(In Sur. No.265)
(Govt. Land)
AREA Are. I 4 | 60 1 16 18
Hectare 3 0 0 0 0
5 I 50 50 60 00
3
0
00
}J
(In between Sur. No.282&285) (In between Sur. No.284&283) (In between Sur. No.284 &285)
2 0 3 0
90 90 00 90
0 0 0 0
>
55
0
70
J
0 0
5 17
30 90
1 (Govt. Land)
\ (Govt. Land)
0
19
90
J
Cart Track 266 271/1 272/P 272/P 281 Stream Stream Cart Track 282/1 282/2 282/3 282/4 282/5 282/6 Stream 285 284/P 284/P 284/2 283
0
10
901111 2 I 4 | 5 3 1 1 REBARI (Cont'd) 12/P \ 60
3
0
12/P J
CartTrack (In Sur. No. 17)
Stream (In Sur. No.14)
Stream (In between Sur. NO.15&17)
90 40 60 90 60 40
0 5 3 53 25 7
0 0 0 0 0 0
14 15 18
17/P \
75
00
0
17/P J 124
2. SAL'IYA
Road (In between Sur. No.1248&139)
Railway (In between Sur. No. 1248&139)
Road (In between Sur. No.1398.140/2)
139 (Govt. Land)
140/2
145 (Govt. Land)
342/5
342/4
342/3
31 14 13 1 9 35 12 18 11 11 18 27 6 57 19 16 83 72
10 10 40 00 00 80 00 80 90 60 20 50 30 50 80 50 40 90
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
342/2
342/1
143
144
347
345
153
161
327/4
0
44
70 327/2 327/3 327/4
327/5
327/6
327/7
2
00
0
325/4
326/1 \
41
60
0
326/2 J
3 20 67 43
60 80 30 00
0 0 0 0
325/3
304/2
305
306
307/1/4
307/3
307/1/3
0
21
60 307/2 307/1/1
307/1/2
309
311/2
310/2
310/1
295/2
296/1
296/6
297
0 0 0 0 0 0 0 0
22 0 26 13 20 20 3 69
80 30 10 80 50 30 80 501112 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 2 1 1 3. GUNA 5 00 80 80 30 60 60 50 60 20
4 43 5 13 8 6 11 7 34 42
3 0 0 0 0 0 0 0 0 0
34
10
0
}
7
60
(In between Sur. No.15&17)
0
40
5
0
1 \ J
10 20
35 4
0 0
(In Sur. No. 15)
80
16
0
477
478
479
480
481
482
483/1
483/2/P
15
17/P
17/P
Cart Track
50/P
50/P
50/P
51
Road
52/P
52/P
49/P
49/P
1
00
0
42
30
0
-
16 38 1
40 70 60
0 0 0
30
80
0
}
49
10
0
50
0
0
49-50
Kotar
53/Part
53/Part
58/2
54
56
57/P
57/P
111/P"
105/1 \
105/2 J
40
0
110
0
12Ô/P I
120/P I
00
14
0
120/P I
120/P I
4. ASAIDI
30
0
0
[• (Govt. Land)
60
16
0
60
23
0
40
39
0
} }
]
0
67
00
J
10
10
0
2/A
2/B
3
28/P
28/P
27/P
27/P
05/1
05/2
05/3
219
6A/P ^
(Govt. Land)
(Govt. Land)
0
7
70 6/B 6A/P 6A/P 6A/P 6A/P Road1113 1 2 1 ASAIDI Confd) 9
12/1
217/3
217/4
217/B/5
3 0 0 0 0 0 0 0 0
4 18 23 14 1 16 25 41 11
5 60 90 70 80 80 00 30 80 12/2+3 13 14 7/P
(Govt. Land)
0
16
70 7/P }
(In between Sur. No.7&191)
Railway
(lnbetweenSur.No.7&191)
Road
0 0
5 11
50 60 191/P
0
18
40
)
195/2F
,?1/P
J
1
192/1
0
35
60
j
192/2 Cart Track (In bewc°r Sur. Nu.i91&192A)
0
0
80 187/1P
0
52
50
}
0 0
35 2
30 60 187/1P 186 185 184/1
ù
26
60
}
0 0 0 0
25 0 25 22
20 80 50 30 184/2 182 147/1 147/2 146 143/P
(Govt. Land)
75
0
80
]
143/P
Cart Track
(In between Sur. No.237&143)
0 0 0 0 0 0 0
0 0 36 44 21 13 43
80 60 60 10 90 60 30 139/1 139/2 225 138/1 138/2 137 135/P
(Govt. Land)
0
36
40 135/P 135/P 135/P
s
5. TOYANI
(Near Sur. No.297)
(In between Sur.No.294&280)
(In between Sur. No.293&279)
135/P
136
Stream
297
295
294
Stream
293
Stream
280
281+279
278
277
0 0 0 0 0 0 0 0 0 0 0 0
3 10 66 38 31 7 14 11 2 31 20 27
60 00 20 80 90 20 00 80 60 00 00 101114 THE GAZETTE OF INDIA : FEBRUARY2,2002/MAGHA 13,1923 [PART II—SEC. 3(ii)] 2 4 3 I 1 1 TOYANI (Cont'd) 0 0 0 0 0
31 24 0 25 7
I 5 00 30 10 70 30
10
0
39
1 \J
10 60
0 0
0 18
17
80
0
}
16
60
0
(In between Sur. NO.262/2&260)
(In between Sur.No.180&265)
0 0 0 0 0 0 0 0 0
0 0 2 9 18 30 0 51 16
60 50 10 20 70 70 70 10 10
0
80
80
0
40
40
0
3
80
l JJ }
0 0 0 0
1 0 19 5
50 40 20 90
\ (Govt. Land)
0
25
60
J
(In between Sur. No.224&223)
(In between Sur. No.222&221)
0 0 0 0 0 0
29 29 21 39 1 7
90 60 10 70 00 20
0
3
90
\J
0 0
16 0
50 10
1
0
10
0
7
70
} }
276
275
274
273
272
256+317/1P
256+317/1P
256+317/1P
255/1
255/2
257/P
257/P
261/1/A
261/1/B
261/2
254
262
Road
260
263/1
264
265
Stream
180/2+4+6
180/3
180/1+5
179
181/P
181/P
182
183/1+2
183/3
187
186/P
186/P
186/P
186/P
184
185
225
224
Road
Cart Track
222/P
222/P
222/P
221
220
219/P
219/P
218/P
218/P
Cart Track
(In between Sur. No.219&218)
0
0
50
[No. L-14014/14/02—GP]
SWAMISINGH, Director 1 j,t.g.
of Labour has in exercise of the powers conferred by clause (d) of sub-section (1) of Section 10 of the Industriai Disputes Act, 4947, referred the following dispute for adjudication to this Tribunal :
"Whether the action of the management of Central Bank of India in régularisation of Shri Rooplal Sonkar is justified ? If not, to what relief the workman concerned is entitled ?" MINISTRY OF LABOUR
New Delhi, the 2nd January, 2002 S.O. 302.—In pursuance of Section 17 of the Industriaî Dispute Act, 1947 (14 of 1947), the Central Government hereby pubiishes the award of the Central Government Industriaî Tribunal-I, Dhanbad as shown in the annexure in the Industriai Dispute between the employers in relation to the manage- ment of Central Bank of India and their workman, which was received by the Centrai Government on 01-01-2002.
[ No. L-12012/178/89-DII (A) ] AJAY KUMAR, Desk Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. I, DHANBAD In the mattef of a référence under Sec. 10(l)(d) of the Industriai Disputes Act, 1947 2. The case of the concerned workman, in short, is that he joined the service as sub-staff of Central Bank of India, Jarmhedpur Branch w.e.f. 16-6-1981 and since then he was working to the satisfaction of ail concerned. It has been said that though originally the ccncerned wcrkman was net being given regular werk but îater en he worked fer mere than 240 days in the year 1985 including Sundays and ether helidays. It has been said that the Bank had been indulging in unfajr labeur practice in not regularising the seivice of the wcrkman against permanent vacancy and had been adepting the pelicy cf pick and cheese to make some one regular. It has also been said that the service cf the concerned wcrkman was terminated and the said terminatien is in utter viclaticn cf Sec. 25-F cf the Industrial Disputes Act as no nctice was issued befere the terminatien. New the ccn- cerned workman was net paid nctice pay in lieu of notice or retrenchrnent cempensatien at the time ef termination of his service. The chargesheet cr the show cause notice was not also issued befere the termination of service. As such, lastly it has been said that the management is net justified in net regularising the service ef the wcrkman ccuceincd and he is entitled fer régularisation with effect frem 6-5-1987 with back wages and ether benefits.
Référence No. 44 of 1990
Parties :
Employers in relation to the management of Central Bank of India
AND
Their Workman
Présent :
Shri S. H. Kazmi, Presiding Officer
Appearances :
For the Employers : Shri S. Paul, Advocate For the Workman : Shri D. K. Verma,
Advocate
State : Jharkhand Indnstry : Banking Dated, the December, 24, 2001
AWARD
By Order No. L-12012/178/89-D-2-A dated 21-2-1990 the Centrai Government in the Ministrv 210 GI/2002—38
3. The management, on the other hand, has ce me out with the case as disclosed in its written statement that the Concerned wcrkman was never a wcrkman of the Bank and he was neither given any letter of appointment nor he werked against any sanctiened pest in as much as there was no vacancy, as such the question of regularisaticn dees net arise at ail. It has been said that the ccncerned wcrkman hcwever worked on daily wages frem time to time accerdirg to casual requirement cf the Bank fer a perter cr coolie and he was never entrusted any particular nature cf job and he was also not being paid wages on Sundays cr holidays since the Bank remained elesed en such days. Further it "has been safd that the alleged dispute net having been raiscd by any recegnised or registered Trade Union having repré- sentative character cr otherwise the présent référence is void ab initie. It has also been said that the concerned workman carrnet get his individual dispute, if any, as regards régularisation cr absciptien, acljudicated by this Tribunal under the provision cf Industriai Disputes Act1 1 1 6- • T HE G A Z E T TE OF fiSDlA : F & B R U A RY 2, 2 0 0 2 / M A G HA 1 3, 1 9 23 [ P A RT H —S E C. - 3 ( f i )] régularisation as he says he worked in the year 1985 for more than 240 days, Thus for the purposs of disposai of the instant référence it has gct to bs considered whether at ail the concemed workman worked for more than 240 days in one calendar year so as to claim. régularisation in the :,ïrvice of the Bank.
In reply to the rejomder to the written statement filed on behalf of the workman also it lias been averred while denying the claim of the ccncerned Workman that it is absolutely incorrect that the ccn- cerned workman wcrked for more than 240 days in the year 1985 including Sundays and hclidays. It has also been said that since the case of the ccncerned workman does not fall within the purview cf Sec 2(oo) ot Industriel Disputes Act he was net entitîed eitfcer to any notice or to any pay in lieu of notice and there is no question of any violation cf Sec. 25-F cf the Industria] Disputes Act and further there was no légal requirement cf issuing of any chargesheet or show-cause notice fer dis-engagitig the ccncerned workman in view cf the nature cf his werk.
4. It appears that in the written statement filed en behalf of the ccncerned werkman there is no mention as to in what manner the werkman was engaged anc" for performing what nature cf jcb. Iî is also net mentioncd therein ss to fer htw lerg and till what date the concemed werkman wciked in the Bank. The sole witness examinée! frem the side (f the concemed workman (WW-1) who is ne ne ether than the concemed workman himself has net stated in course of his évidence as to in what manner he was being engaged in the services cf the Bank. In his cress-examinatien though he has said that ne any appointment letter was issued to him, simply in his évidence the ccncerned werkman has described the nature cf werk which he was discharging while in service of the Bank. According to him, he was being pajd at the rate cf Rs. 8/- a day. Hcwever, he has said that from the year 1981 to 1987 he had wcrked at Bistupur Branch cf the ccncerned Bank as a Peon. So, quite ebvieusly cnly in ceurse cf h;s évidence he has stated se me cf the necessary facts which do net find mention in his written statement. He claims regularisaticn as he says that in the year 1985 he had wtrked fer mere than 240 days. On the ether hand, the management's witness who happens to be un effieer cf the management has said that the concemed werkman, in fact, wcrked as Casual Wcrker and was never appointed against any particular post and was being paid en Casual basis and was ulso never paid fer Sundays er hclidays er fer the days he did net werk. In ceurse cf cress- examinatien "of this witness pheto copies cf two même randam or Office Orders cf the ccpcemed branch of the Bank hâve been marked exhibits as Exts. W-2 and -W-2/1 at the instance cf the ccncerned werkman. Out cf the se decuments it appears that the ccncerned werkman was appointed as Casual Labourer fer a spécifie period of 30 days purely cm tempe rary basis.
5. It appears that in course of the frisent pro- ceeding the entire record of A.L.C. (C), Chaibasa in regard to the présent dispute was callal fer at the instance of the coneerned workman and thereafter the same was marked Ext. W-3 a gain at ihe instanc; of the contcrmel workman. Having gonc- throu"h the documents as contained in Ext. W-3 it app_- -s from the ordtr passed en 6-7-88 by thu concemed authority that on the said date in présence of the management's représentatives, namt-iy, Chitf Manager, Jamshedpuî and Régional Manager, Central Bank of India, Ranchi and also in présence of A.L.C.(C) the conctrned workman Rooplal Sonkar requested the A.L.C.(C) to verify the re- cords at Jamshedpur Branch according to the iist si.bmitted by him in orcler to establish his claim. Upon sr.ch request being made it appears f.om the said ordér that it was decided to verify the record at Jamshedpur branch and ihe next date was fixed as 21-7-88 at 10-30 a.m. at. Jaimhedpur branch, Central Bank of India. Parties were also requested to re- main présent on the said place on the said date and time for vérification of records. This order dated 6-7-88 contains the signatures of the management' représentatives as also of the concemed workman. Thereafter it appears that on the date fixed for the aforesaid pxxrpose i.e. 21-7-88 vérification was nu.de in présence of ail tîic concemed including the concerne^ workman himself and on the same day a vérification re;port was prepared. This vérification report is also paît of the record of Ext. W-3 und the same contains the signatures also of ail the concemed including the concemed workman. It stands nu-n- tioned in the said report that dv.ring the course of vérification of records it was observed that actually the concemed workman in the year 1985 had worked for 196 days and even if the holidays of 20 days in total fallen during the- said period are to be taken into considération the total days would be 216 days plr.s 2 intermittent holidays 218 day? and so not covering 240 days in a calenciar year. It further appears ftom the said report thaï during vérification the concemed workman sta_cd that holidays for the aforesaid 196 days wili be coming to total 30 days and as per Iist further two days are to bt; added in that. It was thereafter mentioned that if ail the days r.s the- concemed workman clamu will bc taken into considération then it will corne to 228 days and not at ail would b? covering 240 days. In view of those Therefore it becomes cltar from the îtbove that the concemed. workman was never cppointcd against any permanent post and siniply worked in the con- cemed Bank on casual basis, New, hei\ ,n he claims findings it was lastly mentioned that the dispute ended in failure that day. The chart showing the détails of working days etc. which was prepared pursuant to the vérification also formed part of the record. Besides the above, further it appears from the notings made on 25-10-88 in course of the pro- ceeding before A.L.C. (C) that on that day the management submitted its comments with a copy to the concerned workman from which it reveals that the concerned workman not completed 240 days in any calendar year and not worked continuously for 240 days in a single calendar yaer. It f..rther finds mentioned therein that the concerned workman who was présent on that day and at that time ad- mitted the said position. As such, lastly it was mentioned that further proceeding would notbe taken up and the matter ends in failure. The said note- sheet of that day also contains the signatures of ail the concerned including the signature of the concerned workman.
Thus, in view of the aforesaid materiaîs it is quite évident that even upon vérification made before ail concerned of the record of the concerned Bank in order to ascertain in the actual days of working etc. of the concerned workman in the said Bank, the concerned workman was found to hâve worked only for 218 days in one calendar year i.e. from 1-1-85 to 31-12-85 including Sundays and other holidays which had failen during that period. It is further apparent that cven as per the statement made by the concerned workman during the vérification as regards number of holidays when those days were added in the total period of 196 days of working the total days were counted as 228 days i.e. less than 240 days. It becomes further clear out of the record of the A.L.C. (C) that the concerned workman never objected to the said vérification made or vérification report prepared, rather as noticed above, also he admitted to those findings and wilfuliy put down his signature also on each day's notings as well as on said vérification report. It is further apparent that the said vérification was made in présence of ail the con- cerned at the request of the concerned workman himsclf.
Without dwelling upon the aforesaid aspect any further suffice would it be to come to the conclu- sion lastly on the basis of the materiaîs on record that the concerned workman, in fact, had not worked for a period of 24© days in one calendar year, as claimed by him.
6. Not only in view of the relief as claimed rather from the terms of référence also it becomes obvious that the présent dispute relate to régulari- sation of the service of the concerned workman in the said Bank and this is exaetîy what the concerned .
Î117 workman claims as it is obvious from the contents of his written statement.
Now it is évident that the présent dispute has been raised net by any unien but by the cencemed werk- man himself. In ccurse cf his eyiderce also the concerned werkman has admitted that he is net a member cf any union. The management's witness who also happens to be an effice bearer cf an unien has also cenfirmed the said fact by saying that the concerned workman isnet a member cf any vnkn. Vehemently it was urged en behalf cf the manage- ment that the référence itself is bad as such nature of dispute cannet be raised individualîy in tei ms cf Sec. 2-A cf the Industrial Disputes Act. Certainly there is substance in the aforesaid submisskn made en behalf of the management. Since even in term cf the référence it was a dispute relating to regulamaticn it is not coveredunder Sec. 2-A cf the I.D Actso as to be raised by a werkman individualîy. Otherwise also in view cf the findings arrived at abeve, no question cf terminatien cr retrenchment cf the cencemed werkman arises as he was net feund te be working ccntinucusly for a peried cf mere than 240 days in a calendar year and he was net appeinted en a regular basis against a permanent pest. As such, it remains a case fer regularisaticn, which as cencluded above, the concerned wcrknaan is net entitled to.
Thus, in view cf ail the aferesaid censideratiens and discussiens based en materiaîs en recerd the cencemed werkman can cnly be feund te be net entitled fer any relief whatscever.
7. The award is thus rendered as hereunder;
The actien cf the Central Bank cf India in the matter cf régularisation cf the cencerned werkman is justified and the cencemed werkman is not entitled fer any relief.
However, there wculd be no erder as to cests.
S.H. KAZMI, Presiding Cfficer1118 THE GAZETTE OF INDIA : FEBRUARY 2, 2QQ2/MAGHA 13, 1923 [PART ÏÏ—SEC. 3(fi>] New Delhi, the 4tli January, 2C02 S.G. 303.—In pursuance cf Secticn 17 cf the Industrial Dispute Act, 1947 (14 cf 1947), the Central Gcvernment hereby publishes the award (Réf. Ne. 423/2001) cf the Central Gcvernment Iridustrial Tribunal-cum-labcur Ccurt, Chennai as shcwn in the Ânnexure in the Industrial Dispute between the emplcyers in relatkn to the irara£eirent cf Central Bank cf India and their werkrean, which wes reccived by the Central Gcvernment en 03-01-2CC2.
[Ne. L-12012/257/95-lR(B-II)] AJAY KUMAR, Desk Cfficer
ANNEXURE
BEFORE THE CENTRAL GOVT. INDUSTTIAL TRIBUNAL-CUM-LABOUR COURT,
CHENNAI
Monday, the 24th December, 2001 Présent : K. KARTHIKEYAN, Presiding Officer INDUSTRIAL DISPUTE NO. 423/2001 (TamilNadu State Industrial Tribunal I. D. No. 18/97) (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 Indus rial Disputes Act, 1947 (14 of 1947), between the Workman Sri M. Thonthi and the Management of Central Bank of India.) BETWEEN
The Régional Secretary, : I Party/Claimant Central Bank of India Staff Union,
AND
The Zonal Manager, : II Party/Management Central Bank of India
APPEARANCE :
For the Claimant : M/s. Row & Reddy,
K.M. Ramesh& S. Vaidyanathan,
Advocates For the Management : M/s. T.S. Gopalan &
Co., • „ 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 Disputé Act, 1947 (14 of 1947), hâve referred the concerned Industrial Dispute for adjudication vide Order Na L-12012/257/95/IR (B-1I) dated 04-03-1997.
This référence has been made earlier to the Tamil Nadu State Industrial Tribunal, where it was taken on file as T.D. No. 18/97. When the matter was, pending enquiry in that Tribunal, the Govt. of India Ministry of Labour was pleased to ordar transfer of this case from that Tribunal to this Tribunal for adjudication. On receipt of records from that Tri- bunal, the case has been taken on file as I.D. No. 423/2001 and notices were sent to the counsel on record on either side, informing them about the transfer of this case to this Tribunal, with a direction to appear before this Tribunal on 23-02-2001. On receipt of notice from this Tribunal, counsel on either side présent with their respective parties and prosecuted this case further.
When the matter was taken up for enquiry, the learned counsel for the Petitioner requssted this Court to décide the validity of the domestic enquiry conducted by the Respondent/Management against the Petitioner/Workman as a preliminary issue. The learned counsel for the Respondent/Management also has stated that he has no objection for the same. To décide that preliminary issue, the argument ad- ' vanced by the learned counsel on either was heard and the preliminary issue was decided by passing an order dated 3-5-2001 holding that the domîstic enquiry held into the charges against the concerned workman is not fair and proper and is vitiated and an opportunity was provided for the Respondent/ Management to prove the charges levelled against the concerned workman by leading évidence before this Tribunal.
When the matter came up before me for final hearing on 04-12-2001, upon perusing the Claim Statement, Counter Statement, the other material papers on record, the oral documentary évidence let on either side, upon hearing the arguments of learned counsel on either side and this matter having stood over till this date for considération, this Tri- bunal has passed the following :—
AWARD
The Industrial Dispute referred to in the above order of référence by the Central Govt. for adjudi- cation by this Tribunal is as follows :—
"Whether the action of the Managemînt of Central Bank of India in terminating fhs service of Shri M. Thonthi w.e.f. 16-02-1990 is légal and justified? If not, to what relief ths said. workman is eatitled?"
2. This industrial dispute has bean raised by the I Party/Union èsriousing the cause of the. concerned workman Sri M. Thonthi. The avenants îa the Claim Statement of the I "Party/Union (hereinafter refers to as Petitioner) are briefly as follows :—
1119voucher and he had also erased and overwritten to the extent of Rs. 2864.25. The workman was asked to submit his expîanation to the charge sheet dated 8-3-89. In the charge shest itself, the Disoi- plinary Authority appointed ons Sri T.N.P. Sankaran, Branch Manager of Thanjavur branch of the Res- pondent/Bank as Enquiry Officer. The concerned workman was granted permission to be defended by a représentative of a registered trade union of the bank of which he is a member. Alongwith. the charge sheet, the Respondent/Bank did not enclose the documents proposed to be produced in support of the charges nor the list of witnesses proposed to bs examined in the enquiry on the side of the bank. The workman received a notice of enquiry ïixing the date of enquiry as 5-5-89. The concerned workman pïeaded not guilty of the charges alleged against him and nominated ons Sri C. Poorna Chandra Rao, Head Cashier of Nallur branch as his defence_re- presenta'.ive. The Enqu'iry Officer permitled the concerned workman to hâve the assistance of the defence représentative. However, the management représenta live objected to the ruling of the Enquiry Officer in permitting the said defence représentative stating that he was not a member of the registered trade union of the bank and the concerned workman was also not a member of the registered trade union. Thereafter, the Enquiry Oiïïcer directed the concerned workman to prove the représentai ive character of the defence as defined in Clause 19.12 of the Bipartite Settlement. Since the Management représentative strongly objected to the defence représentative nomi- nated by the concerned workman, the efforts of the concerned workman to prevail upon the Enquiry Officer to grant him permission to hâve the assistance of Sri Poorna chandra Rao did not matérialise. On 25-5-89, the management représentative produced as many as 25 documents and the Enqairy Oïbar marked them as M Ex 2 to M Ex 26. The xerox copies of thoss exhibits were not furnished to the concerned workman. The concerned workman was asked to peruse the documents. The day on which the Ma- nagement's first witness was examined, the request of the concerned workman to permit him to be de- fended by Sri Poorna Chandra Rao was refused and he was directed to défend on his owa. Subsequently, the request madeby the concerned workman to the Enquiry Officer to hâve the assistance of Sri Poorna Chandra Rao on various hearing dates were also turned down. Thsn the concerned workman made a représentation on 11-9-89 to the Enquiry Officer to permit him to hâve assistance of lawyer in the enquiry. That request was also refussd by the En- quiry Oificer on the ground that the Management représentative was not a legally qualified person. So, under such circurastances, the concerned workman was forced to participais in the enquiry withcuî any The concernée workman in this industrial dispute Mr. M. Thonthi joined the services of the II Party/ Management bank (hereinafter refers to as Res- pondent) as a Clerk in its Mirakanam branch in the year 1982. The past record of the concerned workman was clean and unblemished. Thcre was no allocation of work bctwcea the employées in the rural branch of the Respondent/Bank, where the concerned workman was working. The then acting Branch Manager Sri S. Thiagarajan and Chief Cashier Sri Kannan Gopal of Marakanam branch of the Respondent/Bank formed an unhoîy alliance and were indulging in pîedging jewels that were pîedged in the bank by the customers. Neither the said workman nor any of the employées in the clérical cadre and beîow, knew anything about such mal- practices of the then Branch Manager and Chief Cashier. Then Branch Manager gave some jewels to the concerned workman and requested him to pledge those jewels saying that they belong to him and that he was in need of money urgently. ït was further told to the concerned workman that he being the résident of the some village for long time he may be able to pledge the jewels without any difficulty. Believing the words of the then acting Branch Manager, the concerned workman obliged by him pîedging the jewels in his name. Dur- ring a surprise inspection of the branch, it came to light that the jewels mortgaged by the customer in the bank were missing from the safe îocker. On 18-6-88, surprise checking took place at Marakanam branch. It was detected during the checking thaï five jewels were missing from the safe Iocker. On 27-6-88, the Assistant Manager Sri S. Thiagarajan and Cashier, the workman concerned were suspended from duty pending enquiry. The permanent cash officer and joint custodian of the bank Sri Kannan Gopal was aliowed to function in the saine branch. On 7-11-88, show cause mémorandum was issued to the concerned workman alleging three charges against him. The concerned workman gave his expîanation on 6-12-88, denying the charges levellcd against him. Nearly after four months from the date of his expîanation, the Respondent/Management by its charge sheet dated 8-3-89 framed four charges invcnt- ing one more charge against the concerned workman which are (I) that he unauthorisedly removed the jewels from the bank safe and he had acted in a man- ner which is prejudicial to the interest of the bank, (2) that he obtained a loan through a benami transac- tion and cheated the bank, (3) that he misappro- priated an amount of Rs. 1000 remitted by a borrower-of the bank into his account in the bank and also tampered with the bank's record in order to;'conceal the aboyé misappropriation and (4) that he posted a fictîtious crédit entry of Rs. 3000 in account No. 1752, v/hîcîi was not supported by any1120 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 FPART I I - S EC 3f lm continuity of service and back wages with ail other attendant and consequential benefits.
3. The averments in the Counter Statement of the II Party/Management Central Bank of India (hereinafter refers to as Respondent) are briefly as follows :—
assistance. In the enquiry, another request was made to the Enquiry Officer to direct the Respon- dent/Management to produce merely 82 documents like vouchers, ledgers etc. from Marakanam branch. The Enquiry Officer, who initially gave direction to produce them, subsequently refused to summon them, stating that those documents are confidential in nature. Because of this stand taken by the Enquiry Officer, the concerned workman was prejudiced and was not able to effectively participate and put forth his defence. It is a clear case of violation of piinci- ples of natural justice and would also amount to victimisation and unfair labour practice. Further, as the mother tongue of the workman is Tamil, he could nof effectively participate in the enquiry con- ducted in English. Though on the management side, three witnesses were examined, the Eqnuiry Officer pressurized the concerned workman to comp- lète the enquiry with the examination of one witness on his side. The domestic enquiry conducted by the management is not at ail fair and proper. The same is vitiated for violation of principles of natural juttice and for gross and grievious irregularities. Subséquent to the submission of finding by the En- quiry Officer, the Bank Management issued a show cause notice dated 12-2-90 to the concerned workman proposing the punishment of dismissal from bank's services without notice. Along with the said show cause notice, a copy of the fmdings of the Enquiry Officer was enclosed. Out of the four charges against the concerned workman, the Enquiry Officer gave a finding as charges 1, 3 and 4 were proved and charge no. 2 was not proved. Though the workman ap- peared before the Disciplinary Authority on 16-2-90 and informed him that the fmdings of the Enquiry Officer are not correct and he is not guilty, the Disci- plinary Authority by his final order dated 16-2-90 imposed punishment of dismissal from service as proposed by him in the show cause notice. The appeal preferred by the concerned workman was also dismissed by Appellatc Authority without pro- perly applying his mind and without considsring the appeal in its proper perspective. The action of the Respondent/Management in dismissing the concerned workman from service is illégal, unjustified and is also a case of victimisation and unfair labour practice. The fmdings of the Enquiry Officer are preverse and bad in law. This Hon'hle Tribunal by exercising the powers under section 11A of the In- dustrial Disputes Act, 1947 hâve to interfère with the action of the Management in dismissing the coacerned workman from service, as the pumshmsnt for the alleged misconduct said to hâve been proved in the domestic enquiry and to hold that the said action of the Management is illégal and unjustified and to pass an award directing the Respondent/Management to rsinstate the concerned workman in service with
As per the conditions of the employment, the employées of the Bank are not entitled to avail gold loans save with the permission of the Res- pondent/Management. The concermed workman was working as a clerk in the Marakanam branch. On 18-6-88, one Mr. Sundaram, Manager of Motchakulam branch visited the Marakanam branch for carrying out a surprise check of cash and jewel loan account. He found that jewels pledged as security for the gold loan sanctioned by the Marakanam branch in respect of three gold loan accounts were missing from the corres- ponding jewel loan packets. He furtLer detected a part of the jewels were missing from the two gold loan packets. Irnmediately, a slaloment was prepared placing on record the missing of the jeweîs and it was signed by Sri Sundaram, Branch Manager of Motchakulam branch, Sri S. Thia- garajan, acting Branch Manager of Marakanam branch and the concerned workman. On 21-6-88, the concerned workman returned the jewel weighing 16.100 gms missing from the packet relating to gold loan No. 18/273. He also gava a lelter dated 21-6-88 addressed to the Régional Manager siating the three of the jewels belong to the bank employées, that the Bank Manager and another clerk had taken loan from him, that he had to repay certain loans and therefore, he had to pledged the jewels vvhich he had reiroved from the bank safe. On 24-6-88, the Pctitioner returned the jewel weighing 57.400 gms being the jewel pledged against the gold loan Mo. 18/8. The jewel cover.d by jewel loan No. 17/10 removed by the Petitioner was pledged with pawa broker Muthiah Cheitiar. Sinvlarly, the jevvel covered by jcvvcl loan no. 18/49 removed by the concerned workman was pledged with Krishna Pawn Broker. The jewel in respect of the jewel loan No. 18/125, though it was pledged by Sri Sermapandian, it belonged to the concerned workman and after removing it from the bank safe custody. he pledged it with one Sajjan Kanwar. On 14-7-89, the concerned workman returned to the bank the jewel weighing, 24.600 gms. Pledged in respect of the jewel loan No. 18/125. Similarly, on 15-7-88, the jewel weighing 66.400 gmrs. Covered by jewel loan No. 18/49 was returned to the bank. The jewel weighing 120.000 gms pledged in respect of 1121 ;
jewel loan No. 17/10 was returned on 12-10-88 By his letter dated 21-6-88, the concerned work- man admitted having removed the jewels in respect of jewel loans No. 17/10, 18/8, 18/49, 18/273 and 18/125. In October, 1983, one Sri Subramaniam availed an agricultura! loan of Rs. 6000/ from the Marakanam branch. On 7-5-86, the said Subramaniam gave it to the concerned workman a sum of Rs. 1000/- for remitting it to the crédit of agricultural loan account. The concerned workman acknowlcdged the receipt of the amount in cash in the counter- foil and also made necessary entries in the pass book of the account holder. Howevcr, the amount was not accounted for, in the books of accounts of the bank nor was it enlercd in the ledger foîio of the party. In Docembor, 1986, when a différence of Rs. 1000/ was locatcd in the agriculture lor.n ledger, the cor.cerned workman posted a crédit entryof Rç. 1000/ in agricultural loan account No. 14/158 without any supporting voueber and altered the débit balance from Rs. 4316 to Rs. 3316. Thus, the concerned workman not only m"sappropria!ed the amount of Rs. 1000/- remitîed by the borrower but also tam- pered with the bank's record?. On 16-9-87 the conce.'ned workman posted a fictitious crédit enîry ofRs. 3000/-in the S. B. account No. 1762, which was not backed by any voucher and he had also erased and overwritten the balance in respect of the ledger folio. As a resuit, the savings bank accoimt was overdrawn to the extent of Rs. 286125. On 7-11-88, a show cause r.oiice was issaod to the conctrned workman calling for explanation with regard ïo the aforesaid irregu- larities. The reply given by him dated 6-12-88 was not satisfactory. On 8-3-89, a charge shect was issixed to the concemed workman levelling four charges. The concerned workman attended the enquiry. In the enquiry, the investigating officer, Sri R. Balasubramaniam, Sri Sundaram, Branch Manager of Motchakulam branch and Sri Mar- gabandhu. Manager of Marakanam Branch, who succeeded Mr. Thiagarajan were examined in support of the charges. On the side of the the concerned workman Sri B. Sermapandian was examined. On 27-11-89, the Enquiry Officer gave his findings holding that charge numbers 1, 3 and 4 were proved. Bastd on the report of the Enquiry Officer, the Disciplinary Aulhority forwarded the ntidings and directed the concerned workman to appoar for Personal hearing. The Petitioner appeared for the Personal hearing on 16-2-90. Aftcr considering his rt-presentetion, orders were passée on 16-2-90 dismissing the Petitioner from service. His cppeal ag ainsi the order of dismissal was also dismissed
on 20-6-90. The concerned workman received that order on 21-8-90. After more than four years in December, 1994 the présent dispute has been raised belatedly. It is not a saluiary rule that the charge sheeted employée should not be asked toappear for an enquiry without calling for his explanation to the charges. The concerned workman fully pariieipated in the enquiry and availed ail opportunities given to him to cross examine the witnesses. Bipartite Settlement pro- vides that the charge sheeted employée shall be entitled to be defended by a représentative of the registered union of the bank err ployees of which he is a member or where the employée is not a member of the trade xmion of bank employées, by a représentative of Trade Union of bank employée in which he is employed. Since the conccnied workman has been a member of the Petitioner union, nothing prevented him from chcosing a member of the Petilioner Union to défend him in the enqr.iry. The choice of a wrong représentative was mr.de by the ccr.cerr.cd workman solely with a view to attack the enquiry at a later sU22 THE GAZETTE OF ND1K ; FHBRUÂR^ 2, 2002/MÀQHA 13, 1923 [PAT.T I I - ^ Ë C. 3(Ï!)] b^ar the sxpenses of the wiîne^ses to bs cited by the charge sheeted employée. The Brarcb Marrger cf Mctchakulam brarxh Sri R. Suridaram did net threaten the cencerned werkman te make the statement dated 21-6-88. The witnesfes who depesed in support cf the charges were net in ar.y way interested in the disciplinary actien initiated against the cencerned w.. rkman and Iherefcre, their évidences cruîd net be asfsilcd fer î"k cf credivility. Since S/Sri S. Thiagsrajan ard Kar.ran Gcpal were net primarily feurd respcnsible fer the fraud, they were given miner punishments. The provisions cf the Bipartite Seulement requirirg the Appeîlate Authcrity to dispose cf the appcal within two menths is cnly directery and net mandatery. The demestic enquiiy held inte the charges against the cencerned werkman is fair and preper. If fer any reasen, the enquiry is held to be vitiated, the Respcndcnt many be given an cppcrtunity to nreve the charges by leading évidence befere this Court. The cendret cf the cencerned werkman as preved in the enquiry belrayed the ccnfderce repesed in him by the ResDcndent/Bank. The kss cf ccnfderce in the cencerned werkman tctaliy di?c;ual;f.cd him f;r ccntinucc empkyment in the in-titiitîcii in thet cf the Respccdcnt and hâve the acticti cf the Management dismissirg the cctccrned werkman from service is qxute justif.ed. Thertfcre, this Hcn'ble Tribural may Vc p'tascd te ire le tn award uphckMr.g the dismissal cf the ccncemcd werkman atd rejtctirg tre cteiir. ef the ccrceir.ed werkman.
4. The peint f.. r my ccnsidei?.tkn h— "Wheiher the f-cticr> ef tle Mcrcgemcr.t cf Central Bn k cf India in terminât'rg the eeivice cf Shri M. Tlunthi w.e.f. 16-C2-19CO is ler_al ar.d ivstifitd ? If n t, to v.'bat relief the said w.rkiran is entitled ?''
P, i:-t : —
kanam branch. It is admitted that en 18-6-88, he was hclding the pest. cf OfBciating ceshier cf the branch and en that day, cne Mr. Sundaram frern Mctchakulam Branch came te that brarch f. r surprise checkirg. The said Mr. Sundaram bas been examincd as MW 3. It is admiîted by WW 1 that since the Chicf Casbier Mr. Karran G.pal was en kave en 18-6-88, as the senicr clerk cf that branch at thet time, he was functiening £.s efficiaiirg esshier en that day. It is aise his adr.ïssicn that fer the twe safes in the bank as ajewel keeping safe and co^b ktepirg safe, and each safe is v/iih iwc keys and cne key efthe fafes used te be held by bmnch M^rager and the ether key cf the safes ueed te be held by the Clùef Cas hier cf the branch and thèse safes cen bc epened by ktys kept by beth the rtrsons and cne put ef the twe peixs rs cranf-ct epen the safes with the belp cf cne key he is keeping in his eust^dy. Hc h< s fuither admitted that the suipiise check cff.cer Mr. Sutderam en 18-6-88, wbile checl'Irg Ihe jewcls pledged in the bank ferrsd eut ']\: '• flve jtweh eu'. cT 'he jew( Is pïcdged ir "he brrk were missing in the tafe. Fer his surprise check ef the jcwels kept in the jtwels safe kcker himseif and the Manager ef the tiareh got that safe ep:red with ti.eir respective lecys fi r the safe and the surprise check efficer had )eprcted te the Régional Office, Trichy abeut hi? detectien cf missing cf the pkdged flve jewels c'ur'Eg his check cf the jewel tafe cf the bianch. He has further admitted that en 20-6-88, the Régier,al Manager frem Trichy, Me. R. S. Krisbran ah rg with the appeinted investigatirg effxer, Depuïy Chkf Officer, Personnel Deraitnic-rt, Mr. Bala- si;braman'am came te Maralr.ram Bianch ef the bank f::r invcsligaticn. This has teen fpeken to by the surprise check efficer Mr. R. Sundaram, MW 3 and Mr. R. Ralasubramaniam then Deputy Chief Officer in the Persennel Department at Régienal Office, Trichy as MW 1. The xerex c-py cf the report prepared by the checking officiai MW 3 Sri R. Sundaram for the surprise check he made on 18-6-88 at the Marakanam Eranch of the Respondent/Bank is Ex. M 1. In that report, the thon Branch Manager Sri S. Thiagarajan and the then acting Chief Cashier Mr. M. Thonthi, the Petitioner herein, subscribed their signatures along with the checking officiais in the bank. This Ex. M 1 is not disputed by the Petitioner. Subséquent to his report, the Régional Manager, Trichy directed Sri R. Balasubramanian to make an investigation in the Marakanam Branch. Accordingly, he conducted an investi- gation from 20-6-88 ta 22-6-88 and submitted a À fier this Tribunal bas passée1 an crder en prdkninary issue holding that the demestic etîquiry e rduece by he H ?cr y/Mare^eTerJ is vilia'cd r.'.iâ rer'nif'\n wns £ranted to the II party/ Mar-rgcmert to !et in eviderce afresh befere this Tribunal t& pn. \c the charges levclled against the c neerned w. rkman Sri M. T'unthi, the II Party/ Rcip. ndent/Marrgcmer.t bas examinrd three v/iîtiei.ses as MW1 to MW3 and maïkcd exhibits Ml to M 20. On the sicle cf the Petitic ner Unirn, th^ erneerred werkman bas cramlncd as WW 1 and '6 documents have been marfced as lîx. Wl to W 6. Ex. W 6 is Ihe xerex cepy cf the charge sliect uated 8-3-89 issufd te- the c. ncerned werkman N7r. M. Thcnthi. He was v/erking as-a clerk in t'.:; Rtsi;- nd^Hî/Panl: in Maïa-1123 report dated 24-6-88. The xerox copy of the same is Ex. M 2. Along with his report Ex. M 2, he has given a list of particulars about gold loan jewel packets checked and the statements obtained from the officiating Branch Manager Sri Thiagarajan, Chief Cashier Mr. Kannan Gopal and the Petitioner Mr. Thonthi and he has enclosed seven documents as enclosures to that report. Again, he visited the Marakanam Branch on 27-6-88 and for that he gave a report to the Régional Manager, Trichy dated 5-7-88. The xerox copy of the same is Ex. M 3. Then, again he visited Marakanam Branch on 12-10-88 and 13-10-88 and submitted another report. The xerox copy of the same is Ex. M 4, along with that he enclosed two enclosures. ft is the évi- dence of MW 1 Sri R. Balasubramaniam that during his investigation in the Marakanam Branch about the itregularities in the gold jewel lôan and missing jewels from the packets, the Petitioner Mr. Thonthi gave a statement in his own hand- writing dated 21-6-88 and he has enclosed the same with his first report Ex. M 2. It is his further évidence that the Petitioner Mr. Thonthi gave him another statement dated 27-6-88, when he visited the bank branch again and he has enclosed that statement as an enclosure to his second report Ex. M 3. It is also his évidence that Mr. Thonthi gave him further statement dated 28-6-88 and he enclosed the same as enclosure No. 1 in his report Ex. M 3. In ail those three reports, he has mentioned in détail what are ail the irregularities he has found during his ins- pection at the Marakanam Branch. Ail thèse things, he has spoken in his évidence as MW1. In the cross examination, he denied the suggestion that the Security Officer Sri K. D. Sekar coerced the Petitioner to gave the statement dated 21-6-88. It is the évidence of MW 3 Mr. Sundaram that on 20-6-88, he again visited the Marakanam Branch along with Mr. Balasubramaniam MW 1 and they verified ail the gold loan packets in the branch and they found seven more • gold loan packets, in addition to the five gold loan packets, they hâve already found wére not pro- properly sealed. It is his further évidence that on 21-6-88 at about 3.00 p. m. Mr. Thonthi has accepted his involvement in this matter and has said that he removed the gold jewels from those five gold loan packets and pledged them out side and on his oral submission, the investigating officer Mr. Balasubramaniam wanted Mr. Thonthi to give it in writing. In his présence,- and in the présence of Mr. Dhanasekaran, Mr. Thonthi has written that statement and signed the same and gave them that statement.. On seeing that state- ment, they asked Mr. Thonthi to give détails about those missing jewels by giving the parti-
culars of the jewel in respect of each loan taken from those five packets and other particulars like when and where they were pledged and the value for which they were pledged and Mr. Thonthi had given ail those détails on the other page of his statement. The xerox copy of that statement is an annexure to Ex. M 2. He denied the suggestion in the cross examination that only under compulsion and threat made by him and the security officer Mr. Sekar, the Petitioner Mr. Thonthi, gave that written confession letter. The Petitioner as WW 1 had admitted in his évidence about MW 3 Mr. Sundaram conducted the surprise check on 18-6-88, about the jewels pledged in the bank and found out five jewels out of the jewels pledged were missing in the safe locker. For his surprise check of the jewels kept in the jewel safe locker himself and the Branch Manager got the safe opened with their respec- tive keys for that safe. He has also admitted that MW 1 Mr. R. Balasubramaniam conducted subséquent investigations and Mr. Dhanasekaran from Madras Zona! Office also came for that investigation. It is his further évidence that MW 1 and MW, 3 came with him to three pawn brokers shops and local co-operative bank apd enquired in those places about the jewels the Petitioner pledged with them. He has also admitted in his évidence that for the two jewels pledged with one pawn broker, the pawn ticket he received was given to the Bank Manager Mr. Thiagarajah and he only pledged thcse five jewels. It is his further évidence that Security Officer Mr. Dhana- sekaran and Mr, Sundaram threateried him to give it in writing, since the jewels hâve been pledged in his. name. Though he refused to give the statement first, he gave the written statement on 21-6-88 under threat as per the dictation of Mr. Sundaram and that statement is àh enclosure to Ex. M 2. It is his "videcne that on 21-6-88 one jewel, from pawn broker Sajjan Kanwar at Marakanam was redeemed. The xerox copy of- that pawn ticket is Ex. W. 1. It is his ''further évidence that he was issued a mémo •dated 7-Ï1-88 by the,Régional Manager for his sisspension. "The' xerox copy of the mémo is Ex. W 4. He gave an explanation dated . 6-12-88 for that mémo and" the xerox copy, of the same is Ex. W 5. It is also his évidence that he was issued' another charge sheet dated 08-03-89 by adding ont more charge to Ex." W 4 and , the xerox copy of the same is Ex. W 6 and that > Ex. ' M 20 is the* xerox copy ,pf the •. corrigendum dated 29-4-89 issued to the charge sheet under Ex. W 6, wherein his initial, has been mentioned as 'M' instea.d of 'S'. From the évidence and records, it is seen that under the charge sheet Ex. W 4, three items of jeweîs under the lst item hâve 210 GI/2002—391124 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)J 1125 the 'basis *ef*iieo0fds avallable ifor 'Ihts ttônsfeotiott. So by îthis oral and documentary évidence, the the said charge against the Petitioner has also been proved.
atout fhis in his évidence. It is Ihe évidence of MW 2 that in the agricultural loan register of Mr. Subramaniam subséquent to the date Decem- ber, 31 without putting any date, an entry has been made stating by cash as a crédit entry of Rs. 1000/- towar-ds-principal and the balance of the principal amount !has been altered to Rs. 2200/- and the total outstanding entry also has been altered as Rs. 331.6/- instead of Rs. 4316/- and the xerox copy of the loan ledger is Ex. M 14. It is his assertive évidence that at that time Mr. Thonthi alone was there as bank clerk and he has only done ail thèse tampering in records to conceal his misappropriation of the amount Rs. 1000/-. Nothing has been elicited in the cross examination of MW 2 to discrédit his évidence "in chiéf. The Betitioner in £ûs :evidehce has admhted that "with -regard to this -charge, he has not -given any explanation.
7. So for >the action taken by "the management against the Petitioner by terminating him from service on 'the 'basis df the iproved Charges in *th*e enquiry, the Petitioner Union has Eaisïd .this industrial dispute only on 24-10-1994. It is also stated by the II Party/Management "tftat vœre also charge sheeted for this misconduct were jgiven ilesser punishment, since only one charge is proved against them and thiat they hâve been punished 'for dereliction df duties Bnd négligence and they hâve abetted the Petitioner who had "the Other key to remove the jewsls. Ihis is not disputed by the iPetitioner. Se .far vas the proved chapes are .concerned, they are very .grave in nature which warrants' a severe punishment. Further, the proved misconduct of the •côneei'ned •workmah Mr. M. ThtmtKi 'bëtrèyed the corififfence reposée in 'him by {the bank. The loss of confidence, in 'Mr. Thôrrfhi -as a staff of the bank, totally jdisqualified him for oontimied employment 'in the îRespondent/Bank as stated in the Counter Statement by the II Party/Manage- ment. Mence, the action oT ihe 'fnfanaferherit in diàmming the ^etitidner From sei'vice is quite justified. Thus, the point is •answeFeë -accordingly.
8. In the "Eesult, an Awaid is ipœsed "hoMing that .the action >of the Management of Central Bank >of ladia in .tesminating the ^services of Sri M. Thonthi w.e.f. 16-02-1990 is légal and justified. Hence, the relief prayed for sby the î Pârty/Uhion on bëhâlf df the conc'erned wofkrrian "Mr. Thonthi cannot be granted. No Cost.
'4Dietated!t© ïhe Stetlogt^fher, :tran&ûrlbed and typediby'hJai, co*"ected aud'pïôndunfidd by me in the open court on this dayfifre 2*Wh.flÛ>ec., 2001.)
K. KARTHIKEYAN, Presiding^fficer
Witnesses Examined : For I Party/Workman : WW1 Shri M. Thonthi For *II Farty^ahagemerit MW1! SWi*. "BalfesUbra-
:matiian m ^2 8mii U.S. Marga- bandhu MW3 Shri R. Sundram
DOCUMENTS MAIRXED : Foi si "Pen-ty/^orkman : Ex. Date Description No. Wl 14-12-87 Xerox cor>y of .the pawm ticket under
ÎJlëàge'Nb. 216 issuéd'tôTetitioner.
W2 25*06^88 X"r£W copy-of :the mémo issued'to the Petitioner hyfor I6th September, 1987, the said receipt of Rs. 3000/- made in S. B. Account of TVIr. Gnanasundaram on 16-9-87 has not shown. It is his further admission that in 'Ex. M17, the -xerox copy of 'the cash received tegis- ter the eiitry for 'Rs. 3000/- recetpt the Petitioner that some body shas access to this account had done that fictitious entry for Rs. 3000/-. MW 2 is not enemical to the Petitioner to speak against him. He has given évidence on
tfrom "Petilioner ;to "Respoljti€fflt.
1126 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)JW4 07-11-88 Xerox copy of the mémo issued to the Petitioner by Respondent/Manage- ment.
W5 06-12-88 Xerox copy of the explanation tYorn Peiilioner to Respondent.
W6 08-03-89 Xerox copy of the charge sheet.
For the II Party/Management
Ex. No. Date. Description
Ml 18-06-88 Xerox copy of the joint statement of Branch Manager, Acting Branch Manager and Petiiioner.
M2 24-06-88 Xerox copy of the report of R. Bala- subramaniam, Dy. Chief Officer to Régional Manager, Tiichy.
M3 05-07-88 Xerox copy of the lettcr from Sri Balasubramaniam, Dy. Chicf Officer to Régional Manager, Trichy.
M4 13-10-88 Xerox copy of the letter from Sri Balasubramaniam, Dy. Chief Officer to Régional Manager, Trichy.
M5 24-06-88 Xerox copy of the letter from the Petitioner to the Respondent.
M6 15-07-88 Xerox copy of the . letter from the Marakanam Branch to the Personnel Deptt. Trichy.
M7 14-07-88 Xerox copy of the letter from the Central Bank of India Marakanam Branch to the Personnel Deptt., Trichy.
M8 28-06-88 Xerox copy of the pawn ticket in the name of the Petitioner under D. No. 8024.
M9 12-10-88 Xerox copy of the letter from the Pawn Broker to the Respondent/ Management.
M10 Nil Xerox copy of the pas?* book of Subra- maniam.
M il 07-05-86 Xerox copy of the counterfoil for remittance of Rs. 1000/- by Sri Subramaniam towards his Agricultiual loan.
M12 07-05-86 Xerox copy of the scroll book.
M13 07-05-86 Xerox copy of the cash payaient register.
M14 Nil Xerox copy of the Agricultural loan ledger of Sri Surbramaniâm.
M15 Nil Xerox copy of the ledger folio of Sri S. Gnanasundaram No. 1762.
M16 16-09r87 Xerox copy of ihe scroll book.
217 16-09-87 Xerox copy of the cash received regis- ter.
Ml8 03-08-88 Xerox copy of the letter from the Management to Sri Gnanasundaram.
M19 Nil Xerox copy of the Savings ledger of Sri S. Gnanasundaram Account No. 1762.
M20 29-04-89 Xerox copy of the corrigendum issued by the Disciplinary Authority.
New Delhi, the 4th January, 2002 S.O 304 .—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 to 1947), the Central Government hereby publishes the award (Réf. No. CGIT-1/41 of 1997) of the Central Government Industiial Tribunal-cum-Labour Court-1, Mumbai, as shown in the anexure in the Industrial Dispute between the employers in relation to the management of Union • Bank of India and their workman, which was receiv- ed by the Central Government on 03-01-2002
[No. L-12012/170/96-IR (B-II)]
AJAY KUMAR, Desk Officer ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1
MUMBAI
Présent
Shri Justice S. C. Pandey, Presiding Officer REF. NO. CGIT-41 of 1997
Parties : Employers in relation to the Management of Union Bank of India
And
Their Workman1127 APPEARANCES :
For the Management
Shri K..S. Venkatesh Sr. Manager,
For the Workman :
Shri Virof H. Badha, Gen, Secretary
State : Maharashtra
Mumbai dated the 28th day of December 2001
AWARD
The Central Government in exercise of its power under clause (d) of sub-section 2A of section 10 of the Industrial Disputes Act 1947 has referred the dis- pute between the management of Union Bank of India and its workman for adjudication by this tri- bunal in the following terms.
"Whether the action of the management of Union Bank of India to recover Rs. 605/- towards LFC in respect of Sh. S.S. Karande, Clerk is in accor- dance with the clause 10.2 of chapter 10 of first BS is légal and justified? If not, to what the relief the said workman is entitled?"
2. The facts essential for adjudication of the dispute may now be shortly state Mr. Shyam S. Karande was working as Clerk of Union Bank of India at Market Yard Branch, Pune at the time when the events relating to dispute took place. It is un- disputed that Shri Karande was permitted to take pri- village léave for 20 days between the period of 23-12-93 to 11-1-1994 for availing Leave Fare Concession, and its encashment. The purpose of visit in this application for claiming advance dated 26-11-93 is mentioned as rest and récupération. The place of visit in this application is mentioned as Ooty. He was granted Rs. 5,000/- by way of advance for his journey along with the persons mentioned.in the appli- catfon entitiled to benefit of Leave Fare Concession to the employée. It isnot in dispute that Shri Karande after return from his leave stated that he visited Ooty, Tirupati and Bombay and claimed that he was entitled to Rs. 6,325/- as actual expense in- curred in travelling the aforesaid. The bill was sanc- tioned and the balance was paid to him. Subse- quently, there was an audit note to the efïects that papers submitted by Shri Karnade showed that he started on^journeyjfrom Pune on 23-12-94 to Bangalore Ooty, Tirupati etc. and then returned 10 Pune on 01-1-94. Thereafter on 08-1-94 he started from Pune to Bombay and returned back on 10-1-94. The audit objection was that as per entitlement of Leave Fare Concession, Shri Karande could take benefit of journey from Pune on 23-12-93 to 01-01-94. When he travelled to South towards Ooty and Tirupati etc. returned back, his journey ended. The subséquent journey from Pune to Bombay 08-1-94 to 10-1-94 was a différent joutney. Accordingly Rs 605/- were paid to Shri Karande in excess. It appears thaï accepting the audit objection Rs. 605/- were recovered from Shri Karande.
3. Thereupon a dispute arose between the parties which was referred to this tribunal. It is not neces- sary to go into the process of référence and no party has assailed its competency.
4. After the parties filed their written statement/ documents my predecessor framed the following issues for détermination by this Tribunal.
ISSUES
(A) Whether ihere is any provision in Service Conditions whereby LFC journey is deemed to hâve been terminated on reaching headquarters of the workman?
(B) Whether the workman is entitled to travel maxi- mum permissible distance, 3000 kms or 1500 kms as the case may be irrespective of the facts that he has touched his headquarters during the period of leave sanctioned to him for availing LFC?
(C) (i) Whether natural justice has been com- plied with by the Management before efïecting recovery of Rs. 605/- from Shri S.S. Karande, Workman ?
(ii) Whether recovery can be effected after settling the claim?
(D) Whether there is any discriminatory treatment given to Shri Karande?
(E) Référence Issues?
5. Thereafter the workman filed his affidavit He was then cross examined on behalf of Union Bank of India. He was further-re-examined. There- after management witness Shri U.B. Merchant who had filed the affidavit was cross examined on behalf of the workman and the case was closed for arguments. Both the parties were heard. They hâve also given written Iheir submissions.
6. The factual aspects of the matter are simple. After going through the Affidavit of Shri Karande and his cross examination as well as that of Shri U,B. Merchant and his cross examination it is found that there is hardiy any dispute that Karande was on privilège leave between 23-12-93 to 11-1-94. It is nobody's case that he was not entitled avail this privilège leave for 20 days. It can also be taken as an undisputed fact that Shri Karande took journey1128 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(H)] in t v J la p i. T - 13 c D i - 53 j' fi'îi: ju iv m/ expressed as follows :
Date
From
To
Bangalore Mysore Ooty Mysore Bangalore Tirupati
to the extent of 3000 kilometers from Pune and corne back. He could claim the fare for both >w"ys to which he was entitled for himself and the persons .dépen- dent upon him to extent permitted. Sincc it is not the case of management thaï workman exceeded the limit, o?dinarily there would be no case for reduoing the claim provided the workman actually undertook the journey and paid the fare. However bofh the parties are agi-eed fhat Rs, 605 were deducted 'to as excess claim of leave fare concession for journey from Pune to Bombay and back.
"24-12-1993 26-12-1993 27-12-1993 28-12-1993 29-12-1993 30-12-1993 31-12-1993 01-01 1994
Fune Batigalore Mysore Ooty Mysore Bangalore Tirupati Bangalore
Bangalore Pune
The second course ofjourney may be expressed
as follows :
From
Date
To
08-1-94" ~ Fune
Bombay
'Bombay
10-1-94
Pune
8- The crux of the controversy is lhat Shri Karande had completed his journey ifrom .Pune to Octy, Tirupati etc. on 01-1-1994. He'took-testifor a period of about 7 days and started ;for Bombay on 8-1-94 from Pune and came back on '1041-94. Thèse facts hâve been found as accurate by his tribunal in paragraph 6= It is urged on behalf of the management that'Shri Karande could not claim the concession for the second journey to Bombay even though, he had not exceeded total the limits of 6,000 kiiometers to and fro during the course of his journey. On the other hand, the Union of employées of the Union Bank controverts the stfbmission by saying that the agreement does not debar a workman fïom claiming the concession as4here is no .prohibition in the bipartite Seulement
9. In the opinion of this tribunal the issue No. B is most important for deiermining the rights of a workman like Sh.i Karande foj claiming leave fare concession. IL is nol in dispute lhat the clause 10.2 of chapier 10 of ihe Bipartite Seulement relat- ing TO Shri Karande in respect of his four year block is as follows :a
Clause 10.2 : Actual return railway fare and steamer fare incurred by the workman for himself and members of his family.
(a) x x x x x x
(b) Travel for rest and récupération from iplace of work to any place in India at not more than the underrnentioned distances :
A class Bank—Clérical—3000 kms.
As already stated that Shri Karande could claim actual return fare to extent of 3000 kilometers. î t is not disputed that it means Itotal .extent of journey to the extent of 6000 kilometers. Itis apparent ihere is nothing in clause 10.2 quoted above to indicate that a person could not return to his headquarters diming the leave period and break his journey for starting again. It is also not stated in !the aforesaid "clause 10.2 that the journey undertaken by the workman shall be in single direction or that his journey shall be treated as complète,as soon as ne returns to the headquarters., even though, the period ;for Which the 7. It is further found from the undisputed facts as stated by the Management that Shri Kaiande was working in the Award Staff Cadre and was governed by awards and Biparti!e Seulement. It is also not disputed by the management in paragraph 11 of their Writton Statement 'that as per ternis of his services Shri Karande was entitled to avail the benefit of Leave Concession to the extent of 6000 Kilometers in ail. That is to say 3000 •Kilometers for going and 3000 kms 'for coming back- In other words, he had applied for leave fare concession for a period of four years block and it was sanctioned. The bi- partite settlement permitted the workmen to daim faie of 3000 kms to and 3000 kms, fro, in ail. Thus the total extent of journey for going to place and com- ing back from there was Hmited to the extent of 6000 kms If Shri Karnade had exceeded the total limit of 3000 kilometers for going to place of his journey his right receive the fare would be limited to 3000 kilometers to and 3000 kilometers back from Pune, Similar considération shall app'y in case of employée of the rank of Shri Karande who would be entitled to two years block Frivilege leave. In that case, the extent of concession was agreed to be fare for the distance of 1500 km to a place or Places and return there from. Tluis^ in this case the maximum concession would be 3000 kilometers in aJJ. Theiefore, the Issue No, B which has been reproduced above refers maximum permissible distance as 3000 kilometers and 1500 kilometers only one way and not the return. It is Teiterated that the issue No, 'B vefers anly to the maximum limit et journey to the destination referable to the slabs of 4 years and 2 years in case of an employée having -the rartk held by Shri iKaiamde. It does not refer -to journey back from there. T:he ad- mission by the management in paragraph 11 ai their wrrtten sla;emenv Shri Karande was entitled to claim concessional fare to the estent of -6000 kilometers implies that he coula undortake journey1129 Mumbai can be said to be the second- lap of the journey. No objection could be taken if it is within the limits prescribed. In the opinion of this tribunal it is the limits of total kilometers in a given case which prevents a workman from misusing Leave Fare Concession. Apart from that the workman entitled to arrange this affairs within the four corners of the clause 10.2 quoted above. The concept that the concessipn comas to an end as soon as the person reaches the headquarters is foreign to the aforesaid clause. The leave remains alive so long it lasts. Consequently, the right to claim Leave Fare Conces- sion for a journey lasts- till particular leave sanctioned ex-pires. Nothing more; nothing less.
11. In view of aforesaid discussion it is now neces- sary to answer the issues No. A and B. The Issue No. A is answered by saying that the parties to réfé- rence were unable to point out to any rule relating to service conditions of the workman indicating that the journey for claiming leave fare concession shall be deemed to hâve ended as soon as the workman reaches the headquar.ters. The issue No. B is ans- wered by saying that the workman can claim leave fare concession, even, if he reached headquarters during the- course of his journey and resumed his journey thereafter provided he does not exceed the limit of kilometers to which he is entitled according to his rank and kind of leave applied for. In this case Shri Karande could claim the concession for going to-Mumbai from Pune on 8-1-94 and returning from there on 10-1-94.
1130 TFIE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART 11—SEC. 3(ii)]of chapter 10 of Bipartite Settlement. Accordingly the dispute is adjudicated by directing Union Bank of India (First Party) to refund Rs. 605/- to Shri S. S. Karande, the workman in quebtion. Tliere shall bc no order as to costs of this référence.
Justice S. C. PAN DEY, Presiding Officer New Delhi, the 4th January, 2002 S.O. 305 .—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the award (Réf. No. 12/2000) of the Central Government Industrial Tribunal-cum-Labour Court, Lucknow as shown in the annexure in the Industrial Dispute between the employers in relation to the management of Union Bank of India and their workman, which was received b> the Central Government on 04-01-2002.
[No. L-12012/253/99-IR (B-II)]
AJAY KUMAR, Desk Officer
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
LUCKNOW
1. D. No. 12/2000
Réf. No. L-12012/253/99/ÏR (B-Il) dated 31-1-2000 PRESENT :
Presiding Officer : Rudresh Kumar
Between :
Sanjay Kumar C/o. S. S. Shukla, Union Bank of India, S.S.B. Branch, Hotal Sam-rat Bldg., Civil Lines, Allahabad.
AND
Asstt. General Manager, Union Bank of India, Zonal Office, Sharda Tower, Ilnd Floor, Kapoorthala Complex, Aliganj, Lucknow.
AWARD
By référence No. L-12012/253/99/IR (B-II) dated 31-1-2000, the Central Government in the Ministry of Labour, in exercise of powers conferred by clause (d) of sub-section (1) and sub-section 2(A) of Section 10 [.D. Act, 1947 (14 of 1947) made over this indus- trial dispute between Sanjay Kumar C/o. S. S. Shukla, Civil Lines, Allahabad and the Asstt. General Manager, Union Bank of India, Zonal Office, Kapoorthala, Lucknow for adjudication:
The référence is produced as under :
"Whether the action of the management of Union Bank of India in terminating the services of Shri Sanjay Kumar w.e.f. 16-1-99 is justified ? If not, what relief the workman is entitled for ?" 2. The workman, Sanjay Kumar, seeks relief of reinstatement on the post of Sweeper-cum-Peon, in the LIC colony branch oï the Union Bank of India at AUahabad, w.e.f. 16-1-99, together with ail conse- quential benefits. His case is, that he was engaged as Sweeper-cum-Peon in the LIC Colony Branch w.e.f. 29-9-97; that the management of the Union Bank of India adopting most unfair labour practices did not issue any appointaient letter to him nor paid prescribed wages for the work taken from him; that the post of Sweeper-cum-Peon is a subordinate cadre post in the bank which stands automatically created at the time of opening of a new branch that the LIC colony branch of the Bank was newly opened on 29-9-97 and the post of Sweeper-cum-Peon was needed against which he was engaged; that initially he was paid Rs. 35/- per day (Rs. 25/- for sweeping + R*s. 10/- for work discharged by him as Peon), which, subsequently* were revised w.e.f. 1-9-98 to Rs. 40/- per day (Rs. 25/- + Rs. 15/-) and later to Rs. 50/- (Rs. 35/- + Rs* 15/-) and; that',the payments; to him were made through petty cash vouchers that most of the payments were made directly to him but few payments were made to him through some imaginary names, since his employer was determined not to create évidence for his appoint- ment; that he used to work from 8 A.M. to 6 P.M. continuously ; and that his total working period was 475 days during the period of his engagement from 29-9-97 to 15-1-99, and so he had completed 240 days service in 12 calendar months and was entitled to benefits under Section 2 5-F of the l.D. Act. It is further asserted that he had worked in Union Bank of India, Allahabad (Main) branch w.e.f. 1-3-95 to 30-6-96, prior to his engagement in LIC colony branch.
3. The management of the bank, has disputed his continuous working period for more than 240 days in any year and dénies applicability of Section1131 25-F l.D. Act. It has denied relaîionship of 'emp- loyer' and 'employée' between the workman and the Union Bank of India, at any- point of time. It is stated that there existed no post of Sweeper-cum- Peon ia the bank nor such post is automatically creatad on opening of a new branch. The workman no doubt, was engaged for some time as and when needej at the branch but the allégations that he had worked continuously for 475 days is vehementally denied. His case is not covsred in the définition of "contnuous service" under Section 25-B and also his emutement fo bcnefiîs under Section 25-F was /is not available. The bank, also, has refuted the charge that payments were drawn in, the name of fiethious or imaginary persons to deny évidence in favour of the workman.
4. în support of the case the workman did not file any documentary évidence but filed his own affidavit as oral statement. A numbet oï oppor- tunities were given to faim to appear for cross- examination but he did not make himsslf availabîe and in the conséquence could not be cross-examined, as such his statement on oath cem not be read as évidence. Viewed so, there is no oral or documen- tary évidence fiîed by the workman to sub'.itantiate his claim of having worked contin'jously for more thati 240 days to invite applications of Section 25-F l.D. Act
7. The action of the Union Bank of ^ndia, thu".
cap not be faulted and thé workman is not entitled to relief of reinstatement or back wâges.
8. Award as above.
Lucknow 1-1-2002
RUDRESH KUMAR, Presiding Officer New Delhi, the 4th January, 2002
S.O. 306.—In pursttance of Section 17 cf the Industrial Dispute Act, 1547 (14 cf 1947), the Central Government hereby publishes the award cf tte Central Gc vernment Industrial Trifcunal-aim- Labour Co^rt, Luckncw as shcwrï in the Annexure in- the Industrial Dispute between the emplcyers in relation to the management cf Unicn Bank cf India and their workman, which was received" by the Central Gcvernment en 03-01-:C02.
[No. L-12012/266/99-IR (B-II)] AJAY KUMAR, Desk Officer
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR CGURT, LUCKNOW
l.D. No. 11/2000
Réf. No. L-12O12/266/99/IR (B.II) dated 31-1-2CCO
Présent
RUDRESH KUMAR
Presiding CfEcer
Between
5. The management on the other hand has filed photo copies of cash supplementary book dated 3-10-97, 9-10-97, 18-10-97, 25-10-97, 8-11-97, 15-11-97, 6-12-97, 13-12-97, 11-3-98, 27-4-98, 27-5-98, 19-9-98, 30-5-98, 25-6-98, 2-7-98, 31-7-98. 25-7-98, 7-8-98, 9-9-98, 7-11-98, 16-9-98, 19-11-98, 4-12-98, 8-12-98, 23-12-98, 14-12-98 and 31-12-98 to show that the workman was not paid any amount as wages. Thèse records do not mention name of the workman or indicates payments in his favour or in favour of some other persons as alJeged by the workman. Mr. Nishish Mobar, Chief Manager, Union Bank of India filed his affidavit to substantiate rnanagement's version. He was cross-examined by the A/R workman Mr. Gyan Prakash. He admitted payments by petty cash or cash vouchers but denied any payment to the work- man as alleged. He further refuted claim of the workman for his having worked for 475 days conti- nuously.
6. Thus, there are no rnaîerials on record to substantiate case of the workman that he was engaged on the post of Sweeper-cuni-Peon or he had worked for 475 days continuously, to -bring his case within the définition of Section 25-B of l.D. Act. As such, he is not entiîled to bensfit under Section 25-F of the sa'id Act.
210 GI/2Q32—40
Dharmendra Kumar S/o. S. S. Shukla, Unicn Bank of India. S.S.B. Branch, Hctal Samiat Bidg., Civil Lines, Allahabad.
AND
General Manager, Unicn Bank cf India, Zctal Office, Sharda Tcwer, Ilnd Fîccr, Kapccrlhala Ctinpkx, Aliganj, Luckncw.
1132 THE GAZETTE OF INDIA . FEBRUARY 2, 20Û2/MAGHA 13, 1923 fP^j Î M ç ç. 3(ii)JAWARD
3y référence No. L~ 12012/266/99 UR (£-11) dated 31-1-2000, the Central Government in the Ministry of Labour, in exercise cf pcwers ccnferred by clause (d) of sub-section (1) and sub-seeticn 2(A) of Secticn 10 I.D. Act, 1947 (14 of 1947) made over this indus- trial dispute between Dharmendra Kumar, C/o. S. S. Shukla, Civil Lines, Allahabad and the General Manager, Union Bank cf India, Zonal Office. Kapccr- thala, Luckncw for adjudication.
The référence is produced as under ;
"Whether the action cf the management cf Union Bank cf Indiâ in terminating the sei\ices of Shri Dharmendra Kumar w.e.f. 1-11-1958 is jùstified ? If not, w"at relief the w^rkman is êntitled for ?"
2. Briefly put the cOse cf the workman, Dharmendra Kumar, is that he was engagtd es Peon-çum-Waterman in the Allababad (Main) branch cf Union Bank cf India en 11-11-97; tfcat his empîf ycr did not pay prescribed wages by cemmittirg unfair labeur practices that he was paid Rs. 60/- per day initially; which later was increa^ed to Rs. 80/- per day; that on 31-10-98 his services were termineted orally witheut any valid reasen that during his stiiit with the management, he hzâ to werk fie m 9 A-M. to 6 p.M. per day; that he worked witheut any interruption for 355 days but the management terre- nated his services without providing benefits under Section 25-F of the I.D. Act.
3. The workrrîan allèges, further tbat the manage- ment e f the bank àdepttd mest urfair labeur prac- tiess with inalafide intentien by manipulating his payments in différent, who received payments and later paid to him. The payments relatirg to his wc rk were diawn in the name cf seme other efficers to defeat his claim fer reînstatement. He was assigned t ut-doc r duties a'so frcm'tîmé to time, and additienaj payments were made to him terming the payments as ccnvcyance charges. After his termiratien, the management appointed new persons at his place. Relitf"te set .iside tcimirnîit n crder w.e.f. 1-11-08 with ail consequcntial pecuniftiy benefits is claimed by this industrial dispute.
4. The management deny relation cf 'employer' and 'cmpkyec with the werkman at any point cf time. It is stated that there was no pest of Petn- cura-Wàterb->y m the b'ank. The werkman was never appointed in the bank as cmplciyce per prece- edures prescribed under the rules. HowcVer. he was cngageel casually and paid en work basis. The allé- gations made in the statemcr.t ( f ciaim are self- àought and imaginary. The management has denied that the'w'agcs cf werkman werè drâwa by the cflScërs.
ôf the bank as" âllêged in ïlê'claîm stàtëmenïT Ris further stâted that the workman did riçf werk centi- nuously for 240 "days in any year, wârranting appré- ciation of Section 25-B fead with Secticn 25-F cf the'I.D. Act
5. In support cf their respective allégations, the wprkm;an and the management, adduced évidence. The werkman did not file any decumentary évidence but filed his affidavit as oral évidence. Hcwever, he failed to appear for cross examinatien, and in absence of cross-examinatien, his affidavit can net bè read as évidence. There is no other material in shape cf decumentary évidence to support his "case.
6. The management has not denied casual engage- ments o'f the workman. It has filccj photo copies cf 'cash supplementary book' which shows payments to Dharmendra Kumar at a number of cccasicns. On 2-3-98, the werkman was paid JRs. 10Û/- and Rs. 95/-. On 20-4-98 he was paid Rs. 300/- ag^àin on 21-4-98 he was paid JRs.' 540/-. On 14-7-9^ he was paid Rs. 442/-. Thèse payments are shcwn in the name of the w°rkman which indicate t|iat the management was not shy in shewing paymenls in his name. There is no materiaï on recerd to esta- blish"payments cf the workman in ^ctiticus names. Tne claim stàjtement is silënt as in whese name his wages were drawn fer what peried. Particulars of date, time, and amount are also not given. Some entries of payments in the name of the werkman disproyes allégations of drawing wages in différent liâmes. Thus, there is no évidence at ail to give inférence that the worjcman had werked frçm Il-li-97 to 31-J0-98, ccntinuously, as recited in the statement cf claim. The workman failed to preve 'contiriùous service' within the meaning of Secticn 25 B"sc> he îs nc>t êntitled jto benefit under Secticn 25-F of the I.D. Act. The management examined Nishish Mobar, C^hief Manager, Union Bank cf India who admitted casual working cf the werkman but denied his continuons wprking for 355 days. He also dtnieid paymcnl cf Jess wages to him at any point of time.
7. Reliance was placcd en case in Suprême Court case (L &"S) 170, Rattàn Smgh Vs. Unicri cf'India & Others to show that the provision cf Stecticn 25-F and 25-B applies in the case of werkmen en "daily wages also, who coritihucùsly served fer requisite sfatutery minimum peried i.'e. 240 days in 12 caléndàr months. There is no material to give inferem è that the workman worked for 240 days in 12 calendar rhonths to bring his case in the définition of 'çenti- riuous service' under Section 25-B and entitling him to benefit under Section 25 F I.D Act. Leained A/R cf the workman Mr. Gyan Prakash, also, sub- mitted tjhat this court shculd draw adverse presump, tien under Secticn 114 Jsvidence Act a£aïr.s,t'the1133 management, as the documents were witn-neia py management. This sut)mission is also misccnceived. The management has filed records to shcw direct payments tq the workmaa as per his working days. There apiïéars rio coriceaîment of records.
8. Accordingly, the workman failed to prcve his continucus wcrkirg fer 355 days to attract prcviskns of Sections 25 B and 25-F cf the 1.0. Act! The workman is no* entitled to any relief.
9. Awarct as* abdve.
LucïàtôV 2^-12-2001'.
R U M E S H I C U M Â R, Presiding Officer NeW Delhi the 7th January, 2002 S.O. 307.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Govérnmehf hèreby publishes the award (Réf. No. l.D. 114/93) of the Central Government Industrial Tribunal cum Labour Court Chandigarh as shown the Aunexura in the Indastrial Dispute between the employers in relation to the management of Northern Railway and theif workman, which was received by'the Central Government on 7-1-2002.
[No. L-41012/87/92-lR(B-l)] AJAY KUMÀR, Desk Officer
ANNEXURE
Before Shri S. M. Goel," Presiding Officer, Central Govt. Industrial Tribunal-cum-Labour Court,
Chandigarh.
Case No. ID 114/93 Harbhajan Singh C/O Shri Tek Chand Shaima, 25 Sant Nagar, Civil Lines, Ludhianà, Punjab.
Award
(Passedon 5th of December 2001) The Central Govt. vide lejjep Na ^f" 1012/87/92- IR (BIU) dated 24th of September 1993 has refçrre^ the following dispute to this Tribunal for adjudica- tion :
"Whether |he action of ^hq. managjg^t ,o| Northern Raiiway, New Delhi in dismissing Shri .Harbhajan Singh, Booking Clerk, Rajpura from, service w.e.f. 26-12-1986. is légal and justi- fied? If nots what releif he is entitled to and frorn what date?"
2. The case filed of the présent refe/encehiis^ been persued. The applicant in the çjaim s,tatemçrit has stated that he was charge sheoted for ,ajlegf^K misconduct. There:ifter, the enquiry was cqnducjed, and he conducted the enquiry ignoring the ,|iro^sipf|sa of rules and the prescribed procédure was not followed by the enqujry officer. The appjicant f urther alleged that copy of the proceedings were not supplied Jp tl"e applicant. The material wituesses and record,,wa.s n.(>i produced during the enquiry and the applicant was not gîven reasonable opportunity to meet t^ç prinçi* pal of natural justice and the findings of )Jie en.qjiirj; officer are not based on recprd,% The dismis^âl order of the applicant was not passed by t^exomp^ tent authority. The personal hearing was no.tgiven to the applicant. lt is further alleged by' the appili- cant that the applicant had n>Qyed a netitjpn ^eïore the Central Administrative Tribunaj byt t^p,,,ça% was dismissed as the required case, law and material was^ not placed before the Hon'bïe C.A.T. and his coupsal has not specifically raised those légal points and the pétition of the applicant was dismissed a^nd the a.ppea.1 against the Said order in OA No. 308Ï/B/1987 waa dismissed by the Hon'ble Suprême Court. The applicant has thus prayed that he should not t?et suffered for inadvertant omission or procedunU inadvertance on the part of his counsel who has, acted on the basis of material supplied to him at that time. He further stated that wrong §ctipnjL incontinuing wrong which give rise to fresh cause Q^_ action and the petitioner is entitled to ^einstatemeflt in service witb full backwages and continuity of ser- vice.
3. In written statement the ^tand. of the manager,
Workman
Versus
Divisional Commercial Supdt. Northern Railway, Ambala Cantt Management
Appearances
For the workman : Workman in person Foi the management : Shri P.P. Khbrana
ment is that the enquiry officer has conducted .the enuqujry in, f air and proper mann.er. AH the docu- mentsrelied.unpnduring thee^quiry h,as besn eyhibit: ed in tlje enquiry. The findings pf the enquiry ba^ed on the,évidence oa record, and the same.are çqrrect. The disniissal* prder was passed. by the compétent authority. It is alîeged that the appliçan^jjiad e^iljej: filed an application b-JÏore the CentraJ, A4Jton.cTribuin4[ Chandigarh against his dismissaï. The Hon'blp C.A.T. clismiss^d his original application on merjfe1134 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, Î923 [PART Iî—SEC. 3(iî)ï His appeal was also dismissed by the Hon'ble Suprême Court. This Court has no jurisdiction to h'ear the présent application oî the applicant as the verdict of the C.A.T. has become final. It is requested tfaat the référence be dismissed.
4. Replication also iiîed by the applicant reiterat- ing the same facts as alleged in the claira statementi affidavits by both the parties also placed on record on the respective pleadings of the parties.
5. Arguments were heard on the preliminary objection of the management on the point that as the pétition of the application was dismissed by the Hon'ble C.A.T. on merits and the appeal was also dismissed, the présent référence is not maintainable. The rep. of the management has drawn by attention to the order passed by the Hon'ble C.A.T. Chandi- garh in O.A.No. 308/PB of 1987 filed by the applicant. I hâve persued the order. The relevant para is re- produced below :
"We hâve heard the learned counsel for the parties and persued the case file. We find that the disciplinary and appellate authority hâve passed the speaking order. The orders hâve been passed by the compétent authority after applying thejr mind. We find that there was no infirmity or illegaliîy in the enquiry proceed- ings. The enquiry was conducted in accordance with the rules.
In view of the what has been stated and dis- cussed above, we find no merit in the application and the same is dismissed with no ordes as to costs."
6. The case of the applicant was decided by the Hon'ble C.A.T. on merits. The appl;canl can not now claim any fresh cause of action. The Hon'bîe C.A.T. has heîd that the orders werc passed, by the compétent authority and the enquiry conducted was fair and proper and there is no infirmiîy or illegality in the enquiry proceedings and the saine was con- ducted in accordance with law. In the présent ré- férence also the workman has assailed the order as not passed by the compétent authority and the en- quiry was not conducted in fair and proper manner. But the same has already been adjudicated upon and decided by the Hon'bîe C.A.T. as fair and proper. The workman has approached this Tribunal against the same very order of dismissaî which has attain finality. Thus this Court "has no jurisdiction to adjudicate the présent référence again and the work- man can not avail the remedy twice before the Courts against the same order. In view of the above, J am of the considered opinion that this Court has nb jurisdiction to entertain the présent référence. And the $w Ï5 rçîufned to the Central Govî by holding that this Tribunal has no jurisdiction to try the re ference. Central Govt. be informed.
Chandigarh.
5-12-2001 S. M. GOEL, Presiding Officer New Delhi, the 7th January, 2002 S.O. 308.—In pursuance of Section 17 of the Industiial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award (Réf. No ID 73/1999) cf the Central Gcvernment Industrial Tribunal-cum Labeur Ccurt, Chandigarh zs shcwn in the Annexure in the Industriaî Dispute between the empïeyers in relation to the management cf Stsate Bank cf Patiala and their wrrkm^n, which was received by the Central Gcvernment en 7-1-2C02.
[No.L-12012/359,98-lR(B-I)] AJAYKUMAR.Desk Officer
ANNEXURE
Befcre Shri S. M. Gcel, Presiding Officer, Central Govt, IrdustrialTnbunal-ciïm-Labcui Ccurt,
Chandigarh.
Case N >. ID 73 cf 1999 Sh. Ashck Kumar Maclan, S/o Sh. Bal Mukand, R/o Raju Building Material Stère, Lai Saiakrn, Nr. Rampura Schocl, Hansi, Distt. Hissar (Haryafia)-125001.
.. .Pctiticncr.
Vs.
The Regicnal Manger, State Bank ef Patiala, Regicnaî Office, Kcthi No. 120, Sectcr 16-A, Hissar-125001.
.. Respcndect
REPRESENTATIVES ,
Fer the werkman : Ne ne. Fer the Management : Shri N K Zglfœi,1115 AWARD
(Passed en i Ith Oclober, 2001)
The Central Gcvt. Mimstry c f Labeur vide NctiËcaticn No. L-12O32/359/98/IR(E-I) dattcl 26îh February, 1999 has referred the fcllcwing dispute to this Tribunal for adjudication :
"Whether the action cf the Reginal Manager, State Bank cf Patiala, Hissar in terminating the services cf Shri Ashc k Kumar Madan, Ex-Cashier en 24-9-1997 is just and légal? If net, to what relief the werkman is entitled to?"
2. Tcday the case was iîxtd f"r filiing cfck.m statement. Despite many eppertunities, r.c claim statement has bcen filed. It appears that wcikman is not interested to pursue with the présent refuence. In view of the above, since the werkman is net in- terested to pursue with the présent référence, the same is returned to the Central Gcvt. for want of prosecution. Central Gcvt. be infermed.
Chandigarh. S. M. GOEL, Presiding Ofïicer, 11-10-2001
New Delhi, the 7th Januar^, 2C02 S.O. 3'û .—In Pursuance cf Section 17 cf the Industriel Dispute Ait, 1947 (14 cf 1947), the Central Government hereby pubiishes the awartt (Rcf. l\c 70/97) of the Cernai Gcvcmmtnt Jndusîiiîa Triburii,!- cum-Labcur Ccuit, Cl".£rai£.4ii £.* thcwn ,n Vue aneexure m the Industrial Dib\ me bttwetn the em- pîcycrs m ulaticn ïo the irarsgemerf cf Uriittd Commercial Bark and their vvcrkrran, vhich vas received by the Central Gcveirtnect en 04-01-2002
|No. L-12012/348/95 IR(B-il)]
ANNEXURE
Befcre Shri S.M. Gceï, Presiding Cfficer, Ceuiial Govt., Industrial Tribunal-cum-Labcur Ccurt, Chacdigarh.
CaseNo.I.D. 70 of 1997 Sh. M. L. Khosla General Secretary, UCO Bank Karamchari Sangh, Mail, Shimla.
..Petitioner Vs.
Asstt. General Manager, UCO Bank, Zcnal Office, Circular Rcad, Hctel Himland, Shimla.
. Respcndent APPEARANCES :
For the workman : Sh. R.P. Rana.
Fer the management : Sh. N.K. Zakhmi.
AWARD
(Passed On 22nd October, 2001)
The Centrai Govt. Ministry cf Labeur vide Noti- fication Ne. L-12012/348/95-I.R.(B.Il) dattd 30-12-96 has referred the fclîowing dispute to this Tribunal fer adjudication :
"Whether the action cf the management cf United Commercial Bank reprtsented through Assistant General Manager UCO Bark Ztral Office, Shimla is net acceding te îransfer îequest cf Sh. K.?. Parmar, spécial Assistant (handi- capped persen) te i anges branch cf the Bar.k is fajr and just. If net te wha* relief the woikrran is entitled?"
2. Rep. ( f thewi-rkirian appeared tcday arc made the statement tbat the wt rkman bas been tsansferred new ana he dr es ne t want Ici pre ceed with the prs.bi.nt refeiencc ai">d the sarne rray be rcturned as withdrawn In vicu cf the abevt, the pjesent rtfeiercc is retumed to the Ministrv as withdrawn. Central Govt. be inf< rmed.
Char-digarli S.M. GOEL,Presiding Offlcer 22-[0-20011136 THE GAZETTE OF tNBÏA : FEBRÙARY % 2002/KfAGHA 13, Î923 TPART ÏÏ~~SEC. 3(ii)ï New Delhi, the 7th January, 2002 S.O. 310 .•—In Furàuance of Section 17of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award (Réf. No. 76/92) of the Central Government Industrial* Tri- bunal-cum-Labouir Court, Chanel igarh as srïcwn in in the ahnexufe in Industrial Dispute between the employers in relation to the management of LIC of India and their workman, which was received by the Central Government on 04-01-2002.
tlsro.L~l7(li2/l3/92-lR(ït-Il)J AJAY KUMAR, Desk Officer
ANNEXURB
Before Shri S.M. Goel, Presiditig'Cfncer, Central Govt., Industrial Tribunal-cum-Labcur Court,
Chandigàrh.
Case No. I.D. 76/92
Varinder Kumar. S/O Sadhu Ram, H. No. 1530,BlockNo. 31, Anand Pur , Ràho Rcad, Ludhiana. Petltioner.
Vs,
Division Manager. L.I.C. of India, Régional Office, Scctrr-1 7B- Chandigàrh,
.. Respondent.
APPBARANCES
For the Workman : None
For the Management : Shrr N.K. Nagar
AWARD
(Tassed on I8th October. 2001) The Central Govt., Ministry of Labour, vide Notification No. L-I70I2-I3/92-Ï.R. (BII) dated 3rd July, 1992 has referred Ihe follcwir.g dispute to tHs Tribunal fer adjudication :
"Whéther the action cf the management Lifo Insurance •Corp. Cbantiïearb m termift-Ming the services of Sh. Varinder Kumar S/O Sh. Sadhu Ram, w.e.f. 12-3-90, is légal and justified? If not, to whât reh'ef is the wbrîtrtlaii entitled to?"
2. Ndnc is putling appearance on behalf of the workman despite several notices, ft appears that workrhàn is not intérèstëd to pursue with the présent référence. In view of the above, silice workman is not interested to pursue with the présent référence, the samë is returaed to the Central Govt. for want of prosecutibn Central Govt. be informed.
Charjdigarh: S. M. GOEL, Presiding Officer, 18-10-2001
New Delhi, the 7th January, 200r:
S.O. 311 .-—In Pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947)., the Central Government hereby publishes the award (Réf. No. 27/92) of the Central Government Industrial Tri- bunal-eum-Labour Court, Chandigàrh a-, shown ia the annexure in the Industrial Dispute bciwecn the employers in relation to the management of Bank of Baroda and their workman, which was received by the Central Government on 04-01-2002.
[No. L-12012/346/91-fR (B-II)]
AJAY KUMAR, Desk Oflicor
ANNEXURE
Before Shri S, M. Goel, Presiding Officer, Central Govt., Industrial Tribunal-cum-Labour Court, Chandigàrh.
Case No. I.D. 27/92
Janak Raj, C/O I.K. Soghal, Assistant Générât Secretary. Bank of Baroda Employee's Union. througri Bank of Baroda, Sector-17B, Chandagrhi-160017,
IVi hionc/.
Vs.
Régional Manager, Bank of Baroda, JRegional Office, Sector-17B, Chandigarh.
..Respondent.
APPEARNACES For the Workman : None. For the Management : Parmod Jain.
AWARD
(Passcd on 18th October, 2001) The Central Govt. , Ministry of Labour vide Notification No. L-12O12/346/91-IR(B2) dated 31st March, 1992 has referred the followirtg dispute to this Tribunal for adjudication :
"Wheîher the action of the Régional Manager, Bank of Baroda, Çhandigarh in not grantir.g teller allowance to Sh. Janak Raj Bu/.gotra, cash-cum- clerk, w.e.f. August, 1987 is légal and jiisiifed? If not, to what relief the concor;ied workman is entitled and from what date?"
2. None is putting appearanco on behalf of the workman despite several notices. It appears that workman is not interested to pursue with the présent référence. In view of the above, since work- man is not interosted to pursue with the présent refernce, the sarae is returned to the Cen'ral Govt. for want of prosecution. Central Govt. be informed.
Çhandigarh. S. M. GOEL, Presiding Officcr 18-1P-20D1
New Delhi, the 7th January, 2002 S,O. 3P .—In Pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award (Réf. No. 160/97) of the Central Government Indu"trial Tri- bunal-cum-Labour Court, Çhandigarh as shown in the annexure in the Industrial Dispute between the
1&7 employers in relation to the management of United Commercial Bank and their workman, which was received by the Central Government on 04-01-2002.
[No. h-mimW&ïUB-ll)] AJAy KUMAR, Des* Officer
ANNEXURE
Before Shri S. M. Goel, Presiding Officer, Central Govt. Industrial Tribunal-cum-Labour Court Çhandigarh.
I.D. No. 160/97 Davinder Singh, S/O Surender Singh, Bhallon (VJH) Dharamput (PO) Solan Dist. (HP)
.. PvHitioner.
V".
The Lead Bank Officer, UCO Bank, Lead Bank Office. The Mail, Solan (HP)
.. Respondent.
APPEANCES
For the Workman : None
For the Management : Sh. N.K. Zakhmi
AWARD
(Passed on 18th Octobsr, 2001) The Central Govt., Ministry of Labour, vido Notification No. L-12012/259/96/IR(B.II) dated 29-h September, 1997 has referred the following dispte (o this Tribunal for adjudication :
"Wheîher the action of management of United Commercial Bank, Shimla in terminatirtg the service of Sh. Davinder Singh S/O Sh. Sunder Singh, Part-time Peon in the Lead Bank Office, United Commercial Bank Solan. w.e f. 04-12-1995 is légal and justified? If not, to wùat rel'cf thï said workman > > entitled?"
2. Noue is putting apparanec on behalf of the workman despite sévirai notices. It appears that workman is not interested to pursue with the présent référence. In view of the above, since the workman is not interested to pursue with the pivsent référence, the samc is returned to the Central Go\t. for v.urt of presecution. Appropriate Govt. bc informed.
Çhandigarh. S. M. GOEL, Pr" biding Officer 18-10-20011138 THE GAZETTE O? IKBÏÂ - TE&RUASLY "*, 2032/ïtAOSA 13, 1923 [PART II—5ec. Ï(H)I New Delhi, V-w; 7i.Ii J<,.iitxaiy. 2CO2 S.O. 313 .—î~ pursuanec of Section 17 of the lndu:.trial D,'spir;c Aci, 1947 (Ï4 or 1947), th,; Cenirui Ge\ernme>ïi '.ou-by publish'^ ;he r.n'^rd (Réf. N-:>. 14,100(1) ci" the CiTJri.! Coven.nu-rit Industrie TJ- buiial-cujm-Litbou* Courî. Ch-u cligaj n us shcwn m the annoxuro in the l-ùt'ur',')! Dispute bv\w,^n tiv employers h-, relation o ih*: nuiuitcnierii rf LJnioi.
Bank ri' Iiy'.ia u ni ihei • '•,:orlin&:i, wLcb va^ m*e;vcd by ire Ci.-.;irai G^ver.'ûier! ci" 04-01-2OM
(N.\ j.-C012/230''c>c)-iR(U-I!t]
,\FAY KUMAR. D.-slc Oftiav Beiorc S''n S. M. Goi-l. PtV:i'ii"c; Ot'kcr, C^ntraî GOVÎ., I.idv .'nri Tubur.ai-ki.ui-lah-jn- C-^ur.'.
Ca c ^^ LD. ;-'o/:u;o S':. !V?::iyj Kur,;:u-, S.O Sh, R/.m K".
/f. Nn. ?S7/i4-.f, M A I L I II C, Ilf!\- &. Hûîpiîal Roh!-.k (FFarya.-.;;),
.PUil' '".T, V,.
1 i:. !i;'a'^ ' Mari gcr. L t l,
.!.-. j ; .r K . •'. R J ; T . I. fil.\r.ar.i1
. .^-^PoritUrt.
Fi r r'-.:; V/.-iî ma;: • N( ne
(T\- '-cd t-r/ ! 9 î h O r k b c r , 2 ; T i 5) T;:cCcn!:a! CicU M r:sfr-. c fl ah. rr v^îc N-1.:- f c x ". ;: ••.;. L-K l'. .?/20-v9 ik '{F-î} di.kd ?ttî; IX:-
cc~:b.r. 1999 I:>*s i c f u r i t' thv !\iIK'W;rg ci^puLc i. tbi:-. Ttibf.'.f;! A r ad••.:".:."'î.f't n :
"Whcihcr the ,uv-. i: if [i;c nif.rgfcri'er! , f 1. T u l ay the ca.se v.'as f;jccd fer fii'i'ng cf cÎJ.im statuaient by the W(;krnr.n.- I \ ( ne hfcs put iip a p- pearanec en bebalf < f the Wi-rliraiî UttpJLe I.I titts.
Jt ;;ppcars tl'.nt Wcrkir.an is f^t icterested te {".ur-te witJ the présent rt-ferenec. fn v kw cf tlic abeve, since w r r k m an i--. ni ;. interesied to putsut v"'!th [bc prc-icnt .vfcicKce and BU d a im stf-tement l'a; fceen filed, thcrtfercrcc is rcturnctl-te' the Central G c V, f..r want
Ciinndi0xi.il. S. W, CCFL, F r o i d:r ^ Cffi.:cr i9-iO-2(K)l
Ntew Dtiîti, l'-o 7iU j i n c c r y, 2CI-2
S.O. .*!••; .—In pu.aminée cf Scctii n 17 <• j' ihe jut.i^frùil Dis pu t Act. 1547(1"; t flv'47;. \h-. C.'cï-iiai G% \rn:rr.ti>: i'ercty p U l i > l ' .i î le t : v ; ;d (Ktf. K ..
i " r / : 0) cf the Cetït'-r! C i v n r r cn fncli.^.j-.'rl !•/.- bui:pl-cyi;:-Labour C\ art, CIirr<",'£Cji cc î h c wr f the arniexuiL
IN.-. L- 5 20i2/i58/£C-IRCP• TT )]
A.TAY KUMAR, D c i k C ^ k ir
A N K E X L RE
1 ', t t ro S h vi Î ; -. M. G c d, F i c s i d ii ;• C f f c c r, Cf i f ; cî
C. u;,d:g:.ru.
r c ;e Ne. ï.D. 130/50
Kîadar La! ï\£in,
(r-c^rra- K'ec ivir.rv.
C/O lîank J ï'l'art c:c E;r.pkytet Unkr..
C.'.r.1! ! r.':;:: J ^ -; i=. J .°. K
. ,W( rkmci-fi.
Rïg'' nsl Mar;
cf ^ b. .\î:.n.-j K-..i,i\':- r. p an tfr/e ^wc.pcr. f,\- m !-S.2-i99c. is jr-tjfi^' r :d !crnî? ]f r ' t, VVÔI Paiik c f Bar', f a (Has jana) &
J & ï-.. G.T. R.':.d. -
ï ' o m t!
- • " T ï p C - ^ St1139 APPFARANCES
For the workman : None For the management : Shri Pramod Jain
AWARD
Passed on 22-10-2001
The Central Govt. vide gazette netificaticn No. L-12012/198/9O.TR(B-IT) dated Ist cf Octcber, 1990 has referred the follcwing dispute to this Tribunal for adjudicaticn :
'Whether the acticn cf the management cf Bank of Barcda in denying appcintment te Shri Madan Lai Dogra watchman-cum-Pecn (retainer) as an armed guard w.e.f. 14-2-90 is justified? If not what ether relief the workman is entitled to and with what effect?'
2. Despite several notices, nene has put up appearances on behalf of the workman. It appears that workman is net interested to pursue with the présent référence. In view of the abeve, since the workman is not interested to pursue with the présent référence, the référence is returned to the Central Govt. for want ef presecutien. Central Govt. be informed.
Chandjgarh. 22-10-2001 S. M. GOJEL, Presiding Officer New Delhi, the 7th January; 2002
S.O. 315.—Tn Pursuance cf Section 17 cf the Industrial Dispute Act, 1947 (14 cf 1947), the Central Government hereby publishes the award (Réf. Ne. 98/1991) of the Central Government Industrial Tri- bunal-cum-Labour Court, Chandigarh as shown in the annexure in the Industrial Dispute between the employers in relation to the management of Punjab National Bank and their werkman, which was received by the Central Government on 04-01-2002.
[No. L-12012/108/9l-IR(B-Ii)] AJAY KUMAR, Desk Officer 210 GI/2002—41
ANNEXURE
Bcforc Shri S.M. Gcel, Presiding Officer, Central Govt., Indubtrial Tribunal-cum-Labour Court,
Chandigarh
Case No. ].D. 98 of 1991
Shri Harish Kumar, Through Sh. Lai Singh Sachdeva, 507-L. Mrdel Tcwnjalandha.r (PB.)
. .Petitioner.
Vs.
Régional Manager, Punjab National Bank, Civil Lines, Jalandhar City (Pb.)
. .Respondent.
APPEARANCES
Fer the workman ; Ncne. Fer the management ; Shri Y.S. Chib.
AWARD
Passed on 17th Octeber, 2001
The Central Gcvt. Ministry cf Labour vide Noti- fication No. L-12012/108/91-1R.B.2 dated 26th July 1991 has referred the following dispule io ihis Tri- bunal for adjudication :
"Whether the action cf the management of Punjab National Bank in dismissing Shri Harish Kumar, Peon-cum-Daftary from the services of the Bank is justified? If not, to what relief is the werkman entitled?1
2. Ncne has put up appearance en behalf of the workman despite several notices. It appears that workman is not interested to pursue with the présent référence. In view cf the above since the workman is net interested to persue with the présent référence, the same is returned to the Central Govt. for want cf prosecution. Central Govt. be inform- ed.
Chandigarh. S. M. GOEL, Presiding Officer 17-10-20011140 THE GAZETTE OF INDIA : FHBRUARY 2, 2002/MAGHA 13, 1923 [PARI II—SEC. 3(ii)l New Delhi, the 7th January, 2002 S.O. 316.—In pursuance of Secticn 17 of the Industrial Dispute Act, 1947 14 of 1947), the Central Government hereby publishes the award (Réf. No. 44/94) of the Central Government Jnustrial Tribunal- cum-Labour Court, Chandigarh as shown in the annexure in the Industria] Dispute between the emp- loyer:; in relation to the management cf Central Bank ofJndia and their wcrkman, which was received by the Central Government on 04-01-2002.
[No. L-12012/64/94-IR (B-II)] AJAY KUMAR, Desk Officer
ANNEXURE
BEFORE SHRI S. M. GCEL, PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT CHANDIGARH
Case No. ID 44 of 1994
Sh. D. S. Reehal, Secretary, Central Bank of Jndia Employées Union, 811, Phase-Il, Urban Estate, Focal Point, Ludhiana—141 010
. .Petitioner Vs.
Regiona] Manager, Central Bank of Jndia, Régional Office, Queens Road, Amritsar (Pb.).
..Respondent
Appearances ;
For the workman ; None. For the management ; Sh. D. K. Chadha.
AWARD
(Passed on 19th October, 2001) The Central Govt. Ministry cf Labour vide Notification No. L-l 2012/64 /94-I.R.B.2 dated 13th June, 1994 lias referred the following dispute to this Tribunal for adjudication ;
"Whether the ad ion cf the management of Central Bank of India, Amritsar in impcsing the 'punishment of réduction cf pay to next iower stage for two years on Shri I. J. Lakra, Spécial Asstt. vide their order dated 14-8-92 is justifkd ? If not, what relief is the faid workman entitled to ?"
2. None has put up appearance on behalfof the workman despite notices. It appears that work- man is not interested in pursuing the référence. In view of the above, since workman is not interested Q pursue with the présent référence, the same is
returned to the Central Govt. for want cf proecutn n. Central Govt. be infcrmed.
Chandigarh. 19-10-2001
S. M. GOEL, Presiding Officer New Delhi, the 7th January, 2002 S.O. 317.—In pursuance of Secticn 17 of the Industrial Dispute Act, 1947 (14 cf 1947), the Central Government hereby publishes the awaid (Réf. Ne. 90/89) of the Central Gcvernment Industrial Tribvnal- cum-Labcur Court, Chandigarh as shc\Mi in the annexure in the Industrial Dispute between the errp- loyers in relation to the management cf Central Bank of India and their workman, which was rcceivtd by the Central Gcvernment en 04-01-2C02.
[No. L-12011/95/88-D-II (A)]
AJAY KUMAR, Desk Cfficrr
ANNEXURE
BEFORE SHRI S. M. GOEL, PRESJD1NG .
OFFICER, CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT
CHANDIGARH
Case No. I.D. 90/89
General Secretary, Central Bank of Tndia Employées Union, 129, LalKurti, Ambalo Cantt. Union Versus
Régional Manager, Central Bank of India, Shimla.
. .Management
Appearances ;
For the Workman/Un ien : None.
For the Management : Shri Sbammi Kaplith.
1141AWARD
(Passedon 19-11-2001)
The Central Govt. vide notification No. L-12011/ 95/88-D2(a) dated 23rd May, 1989 bas referred the following dispute to this Tribunal fer adjudication ;
"Whether the action cf the management of Central Bank of India in denying Hill and Fuel allowance to the employées pested at their branches at Nadaun and Bangana is justiaed ? If not, to what relief are the concerned werkman entitled ?" 2. Today the case was fixed for évidence of the workman. None has put up appearance on behalf of the un ien, nor any évidence is présent. It appears that workman is not interested to pursue with the présent référence. In view of the above since workman is not interested to pursue with the présent référence, the same is returned to the Cential Gcvt. for want of prosecution. Centrl Govt. be infermed.
Chandigarh.
19-10-2001 S. M. GOEL, Presiding Officer New Delhi, the 7 th January, 2002 S.CX318—In Pursuane of Section 17 of the Indu- strial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award (Réf. No. 197/89) of the Central Government Industrial Tribunal-eum-Labour Court, Chandigarh as shown in the annexure in the Industrial Dispute between the employers in relation to the management of Central Bank of India and their workman, which was received by the Central Government on 04-01-02
[No. L-12011/2/89-D-!I(A)]
AJAY KUMAR, Desk Officer ANNEXURE
BEFORE SHRI S. M. GOEL, PRESIDING OFFI- CER, CENTRAL GOVT= INDUSTRIAL TRI- BUN AL-CUM-LABOUR COURT, CHANDI- GARH
Case No. ID 197/89 Vice Président,
Central Bank of India Employées Union, 123 Atgan Street Jammu
Union
Verses
Régional Manager, Régional Office, Central Bank of India
Akumas Road, Amritsar
Management
Appearances For the Union : None For the management : Shri Shammi Kaplish
AWARD
(Passed on 20th of November, 2001) The Central Govt, vide gazette notification No. L—12011/2/89-D2(a) dated lOth November, 1989 has reterred the following dispute to this Tribunal for adjudication:—
"Whether the action of the management of Central Bank of India in denying the payment of spécial border area allowance to workmen in Bishna Branch is justified ? If not to what relief are the concerned workmen entitled ?"
2, Today the case was fixed for the évidence of the workmen. None has put up appea- rances on behalf of the workman u appears that workmen Union is not interested to pursue with the présent référence. In view of the above, since union is not interested to pursue with the présent référence, is returned to the appropriate Govt. for want of prosecution, Central Govt. be informed.
Chandigarh
20-11-2001 S.M. GOEL, Presiding Officer1142 THE GAZETTE OF IND1A : FEBRUARY 2, 2002/MAGHA 13. 1923 |PART II—SF.C. 3(ii)î New Delhi, the 7th January, 2002 S.O.319—In Pursiiancc ot Section 17 of the Industrial Dispute Act, 1947 (14 of 1994), the Central Government hcreby publNhcs the award (Réf. No. 167/94) of the Central Government Industrial Tiibunal-cum-Labour Court, Chandigarh as shown in the annexure in the Industrial Dispute belween the employers in relation to the management of Contrai Bank ot India and their vvorkman, which was reeeived by the Centra! Government on 04-01-2002.
]No. L-120I2/23/94-IR(B-lI))]
AJAY KUMAR, Desk Officer
ANNEXURE
BEFORE SHRI S.M. GOEL, PRES1D1NG OFFICER CENTRAL GOVT. INDUSSTR1A L TRIBUNAL CUM LABOUR COURT, CHANDIGARH I D No 167/94 Sri Mohan Bodh Raj C/o Sh O P. Baskhi, Vkx
Président, CRI emplo- yées Union 123, Afhgan btveet Jammu
. .Applicant
Versus Régional Manager Central Bank of India I Queen Road, Anuusar
.. Management APPEARANCES
Foi the worSman : Nonc
For the Management : Sbri Shammi Kaplish
AWARD
(Passed on 24 th ot Decemher, 2001)
The Cent] al Govt vide gazette notification No L—12012/23/94— IR (B-2) dated 28-11-1994 has referred the follovving dispute to this Tribunal for adjudication :—
"Whether the action ol the management of Cemtral Bank of India, Amritsar in impos- ing the punishment of stoppage of four graded incréments on Slui Mohan Bodh Raj, Clerk vide their order datcd 3-5-199? is justifiod ? If not, what relief is the said woïkman entitled to ?" 2 Today the case was fixed for the évidence of the workman Despite several niiiecs none has put up appearance on behalf of the workman. L appears that workman is not intorested to puisue with the présent rcroTonee In view ot the above since the workman is not interested to pur^uo wi.h the présent référence the référence is reiurned. to the Central Govt tor want of piosecution Central Govt. be informed.
Chandigarh :
24-12-2001 S. M. GOEL, Presiding Officer New Delhi the 9th January 2002 S.O. 320.—Jn pursuance of section 17 of the Industrial Dispute Act, 1947 (14 of 1947) the Cen- tral Government heieby publishers the award (Réf. No. 286/2001) of the Cential Government Industrial Tribunal cum Labour Court, Chenn?.i as shown in the Annexure in the Industrial Dispute between .hc employeis in relation to the manage- ment of State Bank of India and their workman, which was îeeived by the Central Governrnent on 08-01-2002.
[No. L-12012/221/99-IR (B-I)]
AJAY KUMAR, Desk Officei
ANNEXURE
BEFORE THE CENTRAL GOVT- INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
CHENNA1
;hrusday, the 27th December, 2001 Présent : K.- KARTHIKEYAN,
Presjding Officer
lndus;rial Dispute No= 286/2001 (Tamil Nadu State IndustWa! I.D- No. 285/99) (In the matter ol the dispute for adjudication under clause (d) of sub-section (1) snd sub-section 2(A) of Section 10 of the Indusirial Disputes Act, 1947 (14 of 1947), between Sri K. Vjjayakumaran and the Management ot State Bank of India, Chennai )
BETWEEN
Sii K, Vijayakuraavan; : 1 Party/Workman
AND The Chid Gxneru! Manager, : II Party/Msnagemeni Siatc Bank of Tnc'ia Chcnna' l ut Appearanace :
For the Workraan : Sri R. Arumugam,
Advocate
For the Management : M/s, S- Kanniah &
K, Selvaraj, Advocates
The Govt of India-, Ministry of Labour in exer- ci se 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), bave referred the concerned Industrial Dispute for adjudication vide Order No- L-12012/22J/99/IR(B-I) dated 11-11-1999=
This référence has been made earlier to the Tamil Nadu State Industria! Tribunal, where it was taken on file as LD, No, 285/99, When the matter was pending enquiry in that Tribunal, the Govt. of India, Ministry of Labour was pleased to order transfer of this case from îhat Tribunal to this Tribunal for adjudication. On receipt of records from that Tri- bunal, the case has been taken on file as I,D, No, 286/2001 and notices were sent to the counsel on record on either side, informing them about the trans- fer of this case to this Tribunal; with a direction to appear before this Tribunal on 13-02-2001. On receipt of notice from this Tribunal, the counsel on either side présent with their respective parties and prosecuted this case further.
that he had committed irrsgularities such as forging the signature of Sri S Elumalai, a customer having S.B, account No, AG 11/2112 and received payment illegally for two sums of Rs. 600 and Rs. 1000 on différent dates. Similarly, he had forged the sig- nature of the deceased account holder in the joint account standing in the names of Sri V. Ramaswamy Reddiar and Sundarambal having account No. AG 12/2397 and withdrew a sum of Rs, 500, Besides he has borrowed money from outside excessively disproportionate to this known sources of income, without prior permission from the bank and there by tarnished the image of the bank. The Respondent/ Management conducted an enquiry through the then Branch Manager of Villupuram, The petitioner has given a letter dated 26-10-95 accepting ail the charges levelled against him. In that letter he has also expressed his regret for the lapses and assured that he shall not commit any fault in future and re- quested the Respondent/Management to take a sympathetic view and drop further proceedings. Based on that letter, the Enquiry Officer submitted his findings holding that ail the charges aie proved. The Respondent/Management, thereafter, furnished the report of the Enquiry Officer to the Petitioner proposing the punishment of dismissal from service and directed the Petitioner to give his reply for the same. The Petitioner gave h's reply dated 27-11-95 accepting ail the charges levelled and proved against him, After a persona! hearing, the Disciplinary Authority passed an order dated 10-4-97 dismissing him from service. This industrial dispute has been raised by the Petitioner/Workman, challenging the punishment imposed by the Respondent/Management against him.
When the matter came up before me for final hearing on 26-11-2001, upon perusing the Claim Statemenî, Counter Statement, the other materiaî papers on record, the documentary évidence filed on the side of the II Party/Management, upon hearing the arguments advanced by the learned counsel on side and this matjer having stood over till this date for considération, this Tribunal has passed the fol- lowing :—
AWARD
The Industrial Dispute referred to in the above order of référence by the Central Govt, for adjudica- tion by this Tribunal is as follows :—
"Whether the dismissal of Shri K, Vijaya- kumaran, Clerk by the Management of State Bank of India vide orders dated 10-04-1997 is justified? If not, to what relief heis entitled?"
2 The facts of this industrial dispute are briefly
as follows :—
The I Farty/Workman Sri K, Vijayakumaran (hereinafter refers to as Petitioner has entered the services of II Pariy/Management, State Bank of India, Chennai as a clerk on 8-1-1979. He was placed under suspension on 24-12-1994 alleging that he has committed some misconducts. Thereafter, a charge sheet wasissued to him on 22-3-1995 alleging
3, The petitioner in his Claim Statement has contended that in the enquiry, the Petitioner had been lured by the officiais of the bank that they would condone his reported action and left his suspension and reinstate him in service if he would choose to admit having committed the reported acts. The Petitioner believed those assurances and submitted a letter dated 26-10-95 to the Enquiry Officer reg- retting for the reported lapses pleading to condone and to take lenient view. He had been made to believe that he would be condoned and would be reinstated in service. The Enquiry Officer after submission of his letter, without proceeding with enquiry closed the enquiry. The order of dismissal is bad in law and is liable to be set aside. Based on the Petitioner's confession to the Enquiry Officer, the Enquiry Officer held him guilty ot ail the charges and not on any other évidence on record. The proof of facts constituting the misconduct was not established. The admission of the Petitioner alone cannot be regarded as sufficient proof. No document was brought in the enquiry and marked as exhibit1144 Tiff, GAZETTE OF TNDIA : FEBRUARY 2, 2002/MAGHA ! 3, 1923 [PARW Tl—SRC. 3(ii)] charges. The Disciplinary Authority taking into account the gravity of the misconduct committed by the Petitioner. imposcd the punishment of dis- missà] without notice m ternis of para 521(5) of Sastry Award read wiih 18-28 of Desai Award. The enquiry was conducted observing ail the formal'ties. The Petitioner was given sufficient opportunity !o disprove his guilt, but the Petitioner has failed fo make use of the same and however, he has accepted the guilty by submitting a letter dated 26-10-95 volun- tarily to the Enquiry Officer. On the basis of the available materials, the Enquiry Officer has submitted a report holding the Petitioner guilty of the charges gramed against him. Beforc imposing punishment, the bank gave further opportunity to the Petitioner to prove his innocence. The Petitioner was not lured by the officiais of the bank to accepî the guilt by giving him false promises. Since the Petitioner had accepted his guilt in vvriting by letters dated 26-10-95 and 27-11-95. there was absolutely no ,ne- cessity either on the part of the Enquiry Officer or on the part tof the "Respondent/'Bank to prove the charges further. Therefore, the dismissal order passed against the Petitionei is perfectly valid legaliy enforceable and aiso binding on him. The Petitioner was given enough opportunity to prove his inno- cence before the Enquiry Officer. The Petitioner has failed to make use of the opportunities provided to him. The enquiry Proceedings were conducted in the présence of the Petitiouer as well as his re- présentative. The copy of the enquiry report was sent to the Petitioner which he acknowledged on 16-11-95. The Disciplinary Authority as well as the Appeîlate Authority hâve taken into considéra- tion ail the facts and circumstances of the case, while passing the orders against the Petitioner. The punishment imposed on the Petitioner is perfectly valid and adéquate for the serious irregularities committed by the Petitioner. while he was discharging his duties in the Respondent/Bank. The Petitioner is gainfully employed after he was dismissed froni service of the bank. There is absolutely no merit in this case. Hence, it is prayed that the claim of the Petitioner may be dismissed.
by the Rcspondent and no vutness was examincd to nrove to cslablish the allcgcd misconduct of the Pctitioner. Ail the ingrédients of charges were not admittcd in tne said kUcr dated 26-10-95 given by the Petûioncr. Hencc. that leiler cannot bc con?i- dei'ed as évidence l ' it departmental enquiiy is intended to give thu emploie concerned a chance to meet the charge and prove lits innocence. The Petitioncr has beun depnved of an opportunity to cross examine the v\itnrbsc.-< on the contents of the documents because the documents we/e not produced as exhibils and no one \\as exaniined at the enquiry. This is in violation of tne procédures enuneiated in Sastry Award and Desai Awa"d. Theretore, the charges were not proved and misconducts not established. The Disciplinary Authority failed to send a copy of the enquiry proceedings dated 26-10- 1995 along with Enquiiy Oftker's report dated 30-10- 1995 to the Petitioner. Thus, the Petitioner was denied an opportunity for commenting on the En- quiry Officer's report. Theiefore, the Petitioner was grcatly prejudiceci The Disciplinary Authority failed to note the submi-.sions niade by the Petitioner during the persona). hearing. So, the punishment irnposed and confirrncd by the Disciplinary Authority was based only on perverse findings During the personal hearing also, the Petitioner's defence représentative has made vanous submissions setting forth the cir- cumstances and pleaded for lenient view. Without considering the exténuâting circumstances, the Ap- pellate Authority also erred in confirming the punish- ment of dismissal. The Punishrnent of dismissal without notice is disproportionate to the gravity of the reported actions. The Respondent/Management impo^ing >punishment against ihe Petitioner was discriminatory. Senior officiais of the Respondent/ Bank, who weie found giully of misconduct of similar nature, hâve been dealt with by the Respondent/ Bank leniently. The Petitioner is a handicapped person. Due to sudden order of dismissal, the en tire family of the Petitioner is in distress, as no other "ource except the income of the Petitioner. Hence, an Award may be pasaed by setting aside the order of dismissal passed by the Respondent/Management and by directing the Respondent to reinstate the Petitioner with continuity of servies with back wages and other attendant benefits.
5 When the matter was taken up l'or enquiry, no one was examined as witness on either side. The documents filed on the side of the 11 Party/Manage- ment were marked by consent of the counsel on either side as Ex. MI to MIL It was représenteJ that the 1 Party has no document to rely upon. After the évidence on either side has been closed, the argu- ments advanced by the counsel on either side was heard.
6. The point for my considération is—
4. The Respondent Management has averred in the Courtier Staiement that while the petitioner is participating in the dorneitic enquiry to prove his innocence, has voluntarily given a letter dated 26-10- 95 accepting ail the charges leveiled against him, for the reasons best known to him. After the Petitioner was furnished with the report of the Enquiry Officer, wherein the Petitioner was found guilty of al] the charaes framed airain,.( him, the Petitioner gave his rcply daied 27-11-95 once again accepting ail the
"Whetber the dismissal of Shri K. Vijaya- kumaran, Clcrk by ihc Management of State [• n Bank of India vide orders dated 10-04-1997 is justified? ff not, k> what relief he is entitled?
Point :—
proceedings recorded the proccedings heid on 26-10-1995 in a separate note book and obtained the signatures of ail tho:.e picutt ai cl ILS ccr cli ded the enquiry. Hc has submitted a report stating that. the charges arc proved eiiclosinr the klicr dated 26-10-1995 submitted by the Petitioner to him, togeiher with the proceedings of the note book for further action by the Discipiinary Authority. The xerox copy of the proceedings recorded in the separUe note book by the Enquiry Officer on 26-10-1995 has been cncloscd with xerox copy of his report dated 30-10-1995 Ex.M5. The;i the Petitior.cr was inform- ed by the Bank/Management by a lettc-r dated 18-03-97 directed the petitioner to appear before the Disci- plinary Authonty for a personal hearing to be con- ducted on 27-3-97. In that letier itself, the Disci- plinary Authority has stated that he proposed to impose the punishment of dismissal without notice in terms of Sastry Award read with Desai Award and has informed the Petitioner that he may make written submissions at the hearing, if so he desires. The xerox copy of the second show cause notice dated 18-3-1997 is Ex.M6. Accordingly, the Disciplinary Authority had conducted a personal hearing on 27-3-97. The proceedings, he has recorded on 27-3-97 has been filed as • a xerox copy by the Bank/Ma- nagement. In that, it is recorded that the Petitioner had handed over a letter to the Disciplinai y Authority requesting him to give s orne other punishment as the punishment proposed is severe and he has admitted the guilt. The xerox copy of ihe letter dated 27-3-97 submitted by the Pctitiorer to the Disciplinary Authority at the personal hearing is Ex.M7. Then the Disciplinary Authority had passed an order dated 10-04-97 preposing the punishment of dismissal from the bank service with immedia;e t-ffect. The xerox copy of that order is Ex.M8. Then the Peti- tioner has preferred an appeal to the Appdlate Autho- rity and the xerox copy of the appeal pétition dated 28-5-97 is Ex.M9. In that appeal pétition also, the Petitioner has stated that ihe lapses com- mitted by him are serious and he had realised the gravity of the same and felt ashamed of them and he had voluntarily admitted them at the enquiry and he did not try to shield himself and deny the charges and requested the Appellate Authority to impose a lesser penalty other than the dismissal from service. He had furiher requested in that appeal to grant him a personal hearing and to permit him to be represented at the said personal hearing by his représentative, the Deputy General Secretary of Staie Bank's Staff Union, Chenriai Circle. Inpursu- ance of his request in that appeal, the Appalla"e Authority held a personal hearing on 15-07-97 and advised the Petitioner to attend the personal hearing along with his defence représentative The com- The I Party/Workman Sri K. Vijayakumaran, the Petitioner herein was appointed as a Clerk in the Respondent/Management State Bank of India, Chen- nai on 08-01-1979. He was placed under suspension due to his commission of serions misconducts. The xerox copy of that suspension order dated 24-12-1994 is Ex.Ml. Then the Respondent/Management had initiated disciplinary proceedings against the Petitioner and issued a charge sheet dated 22-3-1995. The xerox copy of the same is Ex.M2. In that charge sheet, four articles of charges hâve been made defin- ing as gross misconducts in terms of para 521(5) of Sastry Award read with para 18.28 of Desai Award. The first three charges are with regard to the Petitioner forging the signatures of the customers of the Res- • pondent/Bank and the fourth charge with regard to is excessive borrowings disproportionate to hisiknown sources of income, without prior permission of the Respondent/Bank. In that charge sheet Ex.M2 itself, the Petitioner was required to submit his explanation in writing within seven days from the date of receipt of that charge- mémo. Pursuant to the issuance of charge sheet to the Petitioner, the Respondent/ Management had given a notice of enquiry dated 23-06-1995 to the Petitioner. The xerox copy of the same is Ex.M3. In that enquiry notice, the Petitioner was informed by ihe Respondent/Bank Management that one Dr. Moorthy. Branch Manager of Villu- puram ADB, lias been appointed as Enquiry Officer and the enquiry would be conducted in the premises of Gingee branch of the Respondent/Bank. Ac- cordingly, the Enquiry Officer has conducted the enquiry into the charges leveiled against the petitioner under Ex.M2 on 26,10-1995 at Gïngee branch of the U Party/Bank Management. In that enquiry. apart from the Enquiry Officer Mr. S. Vijayakrishnan, Presenting Officer, Mr. P. Lakshmipathy, defence représentative and the Petitioner Sri K. Vijayakumaran were présent. The xerox copy of the enquiry pro- ceedings is Ex. M5. In that enquiry, the charge sheet was read out to the petitioner. Then the Peti- tioner has submitted a let'er dated 26-10-1995 to the Enquiry Officer. The xerox copy of the same is Ex.M4. In that letter, the Petitioner has expressed his regret for the actions and submitted that they were not intentional and that as ill luck Would hâve it, he had beconie a victim of circumstances due to cer- tain alarming problems caused .on account of heavy financial strain experienced by him and he assured that he shall conduct in future without comrnitting any fau.lt. He had also requested in that letter to take a sympathetic view and drop furiher proceedings. Then, the Enquiry Officer without conducting further1146 THE GAZETTE OF 1NDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—Str. 3(ii)] Enquiry Officer as well as the Appellate Authority the Petitioner appeared along with his cefence re- présentative and the Petitioner has raised ail his objections in the Claim Statement for the first time onlv as an after thought and it is not correct.
7. A perusal of the entire records filed on the sideoftheRespondent/Mangement with the consent of the Petitioner's counsel as Ex.M1 to Mil, cleraly show that the contention raised by the petitioner now before this Court through his Claim Statement is only an afterthought as stated by the learned counsel for the Respondent/Management in his argument. The Petitioner has not chosen to examine himself on any other witness on his side in support of his contention that he has been lured or forced to accept the guilt on the ground that he will be given lenient punishment. On the other hand, in his written submissions before the Enquiry Officer under Ex.M4, before the Disciplinary Authority as his représenta- tion under Ex.M7, and his appeal grounds before the Appellate Authority under Ex.M9, he has categori- cally admitted his guilt and has also expressed thaï they are in serious nature. Before the Enquiry Officer and before the Appellate Authority in the Personal hearings, he has admitted his guilt along with defence représentative, and the Petitioner has admitted in writing that he has repaid the amount to the bank and the entire loss to the bank has been insulated by him. If really, he has not committed the fraudulent misconducts, there is no necessity for him to repay the amount. In Ex.M9 in the ap- peal grounds, the Petitioer has stated that at the enquiry itself, he had voluntarily admitted ail the charges and presented a written submission regretting for ail his lapses. He has pleaded a sympathetic lenient view in his case. The Disciplinary Authority, while confirming the punishment, has merely taken into account the gravity and seriousness cf the mis- conduct but not the extenuating circuinstances. He has further alleged in the appeal that the lapses committed by him are serious and he had voluntarily admitted them at the enquiry and he did not try to shield himself and deny any charges. Further. it is seen from the proeeedings of the Appellate Authority that the employée himself appeared before him and realised the lapses and felt ashamed of them and he did not try to shield himself and deny the charges. The Appellate Authority after considering ail the aspects of the case and the gravity of the misconduct committed by the Petitioner had convinced after applying his mind independently and dispassic nately that the Disciplinary Authority had imposed cerrect punishment to the Petitioner and the found no reason or extenuating circumstances to alter the punishment given to the Petitioner by the Disciplinary Authority. The Appellate Authority has stated so in his order. He has confirmed the punishment of dismissal of the munication dated 5-7-97 sent to that effect to the Petitioner by the Appellate Authority has been filed as a xerox copy by the Respondent/Management. lt is Ex.MIO. After hearing the petitioner and his defence representaive in the Personal hearing on 15-7-97, the Appellate Authority has passed an order dated 26-7-97 dismissing the appeal of the Petitioner aiîd by confirming the punishment of dismissal with- out notice imposed by the Disciplinary Authority. The xerox copy of that order dated 26-7-97 of the Appeallate Authority is Ex.Mll. AU thèse things hâve not been disputed by the Petitioner and he has admitted ail thèse things in his Claim Statement. But in the Claim Statement. the Petitioner has raised a main contention that no enquiry has been conducted by the Respondent/Management in respect of the charge mémo issued to him and he was forced to accept the guilt on the ground that he will be given lenient punishment. The learned counsel for the Respondent/Management would argue that only at this stage of enquiry to this industrial dispute, the Petitioner has stated that the officiais of the bank hâve persuaded the Petitioner to accept his guilt, so that he wiil be let orf the charges famed against him and on that basis only, he has submitted his letter dated 26-10-95 to the Enquiry Officer accepting his guilt, but, it is a false statement made by the petitioner deliberately with a view to mislead this Hon'ble Court. He would further contend. that the Petitioner was fully aware of the conséquences while accepting the guilt in writing by the said letter dated 26-10-95 and also thereafter on 27-11-95 before the authorities. So, there was no necessary, either on the part of the Enquiry Officer or on the part of the Respondent/ Bank, to prove the charges further, when the peti- tioner has corne forward to accept the guilt. There- fore, the dismissal order passed against the Petitioner is perfectly valid legally enforceable and also binding on him. He would further contend that the petitiener has not pleaded in the Claim Statement that the entire enquiry proceedings is vitiated. The petitioner had not pleaded anything as such before the Disci- plinary Authority or Appellate Authority and even before this Court, he has not chosen to give any évidence in support of his new contentions raised in his Claim Staiement and he has not also preferred to give any explanation for the charges. He would further contend that the charges levelled against the Petitioner are the charges of forgery i.e. forging of the signatures of the customers and withdrew money from their account. Hence, it cannot be considered as a minor misconduct and as per the provisions of Sastry Award and Desai Award, they have to be considered as a major misconduct and that the Peti- tioner has voluntarily admitted his guilt before the Enquiry Officer, Disciplinary Authority and also before the Appollate Authority and before the1147 Petiticner from service witheut notice. Then when an appeal was preferred by the petitioner, the Ap- pellate Authcrity also has given the Petiticner suffi- cient opportunity by afferding perscnal hearing and after considering his représentation and his averment in the appeal pétition along with other records, re- rejected the appeal of the petiticner and confirmed the punishment imposed by the Disciplinary Autho- rity. From this, it is seen that the Petitioner was given reascnable opportunity of being heard by the Enquiry Officer, Disciplinary Authority and then the Appellate Authcrity. Se, it cannot De said that there is any infirmity in the order of removal of the Petitioner from bank's service. It is held in a case repor- tedas2001 LLR 564 between Veokinandan Sharma Vs. Unicn cf India by the Suprême Court cf India that "when the delinquent was given reasonable opportunity of being heard by cenducting cfficer, and the Appellate Authority passed a reasened crder affirming it, there is no infirmity in the order of re- moval cf the delinquent employée from the bank's service". This decisien of the Suprême Ccurt is squarely applicable to the facts of this case. It is also decided by the Hon'ble Suprême Court in a case reported as 1998 3 LLN 89 Union Bank of India Vs. Vishva Mchan that "in banking business absclute dévotion, diligence and integrity need to be preserved by every bank employée and in particular, by Bank Officer, if this is net observed, confidence of depositors would be impaired." Thus observing, the Suprême Court, has ordered in that case by confirming the dismissal order passed by the Disciplinary Aurhotity against the employée who committed the proved misconduct.
Disciplinary Authority in accordance with the terms of the Sastry Award and Desai Award. It is net the case of the Petitioner that the décision takerî by the Disciplinary Authority which was subsequently ccn- firmed by the Appellte Authcrity by their crders are net as per the provisions of Sastry Award and Desai Award quoted by the Respcndent/Manage- ment. So under such circumstances, it canno' be held that the Enquiry Officer has given his finding without any basis and it is perverse. The finding of the Enquiry Officer in his report is purely based upcn the vohintary written admiss'en given by the Petitioner, who is the delinquent employée before the Enquiry Officer. The Petitioner himself has admitted in various terms that he has admitted his guilt in writing before the Enquiry Officer, Disci- plinary Authority as well as the Appellate Authcrity. So, it is too far fetched to say that he has not been given sufficient opportunity to défend himself effecti- vely in the domestic enquiry. On the other hand, there are records to shew that he has been given sufficient opportunity and the same ha s been utilised by the Petitioner as delinquent employée by parti- cipating in the domestic enquiry in ail stages with his defence représentative. So, his contentien fer the first time before this Court threugh his Claim Statement that he has not been afferded fair and proper opportunity to défend himself in the domestic enquiry is not correct. It has been raised by the Petitioner for the first time before this Ccurt in the présent industrial dispute cnly to mislead this Ccuit, as it is contended by the Respcndent in their Ccunter Statement. The Petitioner himself has secepted his guilt in writing before the Enquiry Cfficer, Disci- plinary Authority as well as before the Appellate Authority, so it cannot be contended by the Petitioner before this Court that the Enquiry Officer had net conducted the enquiry by examining witnesses en either side to conclude that the charges levelled against him in the charge mémo has been preved. When the Petitioner has accepted his guilt in writing, it was absolutely not necessary for the Enquiry Officer to prove the charges further, if he dees se, it ameunts to only empty formality.
9. It is seen from the materials available in this case that the Petitioner, a bank employée in the Res- pondent/Bank has forged the signatuse cf the custemer of the bank and had fraudulently put through a withdrawal slip and received payment frem the S.B. account of the custemer by misusing his position as Teller and that he had misappropriated the amount of S.B. Account holder on two occasions. Further, he has forged the signature cf the deceased joint account holder in the withdrawal slip end withdrew a sum of Rs. 500 from the S.B. Account standing in the name of the deceased and his wife and thereby misappropriated the said amount and thèse acts cf the Pelitioner amounts to forgery and fraudulent acts, prejudicial to the interest of the bank and they are gross misconducts, asper the provisions cf the Sastry Award and Desai Award. As per the ad- mission by the Petitioner in writing at various stages of the domestic enquiry, it was held by the Respon- dent/Management as a proved misconduct, which is a gioss misconduct in terms of Sastry Award and Desai Award and had passed an order of removal of the Petitioner a bank employée for his financial 8. Jt is seen from the records available in the case that subséquent to the submission of the repert of the Enquiry Officer by giving his finding that- the charge levelled against the Petitioner has been preved, the Petitioner was given oppertunity by the Disci- plinary Authority by furnishing the copy of the Enquiry Officer's report to submit his explanaticn for the second shew cause notice mentiening the proposed punishment. The Petiticner has availed that opportunity before the Disciplinary Authority and has submitted his explanation. The Disciplinary Authority after considering ail thèse things has im- nosed the nroposed nunishment for dismissing the
210 GII2002—42,M4" T HE G A 7 ] : T TE OF 1NDTA : F E B R U A RY 2, 2 0 0 2 / M A G HA 13, J 9 23 [PART TI—Scr. 3 ( i i )l irreguiaritics. As it is h dd by the Hon'ble Suprême 2 3 1 Court in the above ciled c a r s, the aciion of the 27-03-97 M7 Respondcnl'Management in removal of the peti- tioner, a bank employée frem the services oi the Respondent/B
Hence, the copeerned. workman is not entitled to the relief of the reinsts^ment with continuity of service and other benefits, as prayed for in his Claim State- ment. Thus, the point is answered accordingly.
10. In the resuit, an Award is passed holding that the dismi;-,sal of Sri K. Vijayakumaran, Clerk. by f h; M.inag7Tien of S a!e Bank of Jndia by an order daled 10-4-97 is justified. The conccrn.d workman h not entitled to any relief. No Cost.
(Dictated to the Stenographer, transcribed and typed by him, corrected and pronounced by me in the open court on this d.ay the 27th December, 2001).
K. KARTHFKEYAN, Presiding Ofticer Witnesses Examined :
On eiti-.vi" side : None
D O C U M E N TS M A R K ED :
For the I Pariy Workman :—Nil
For the II Partv 'Management :—
Date
Description
Ex. N->.
3
!
Ml 24-12-94 Xerox copy of the suspension order issued by the Management to Ihe Pctitioner.
M2 22-03-95 Xerox copy of show cause notice issued by Ihe Management to the Petitioner
M3 23-06-95 Xerox copy of the notice from the Management to the petitioner for enquiry.
M4 26-10-95 Xerox copy of the letter from fhe Petitioner to Enquiry Officcr. 30-10-95
M 5
Xerox copy of the letter from the Enquiry Officr to the Manage- ment along with enquiry pro- ccedings.
18-03-97 Xerox copy of the letter from the TV16
Management to the Petitioner.
Xerox copy of the letter from the Petitioner to the Disciplinary Authority.
M8 10-04-97 Xerox copy of the order of Disci- plinary Authority against the Petitioner
M9 28-O5-.*7 Xerox copy of the letter from the Petitioner to the Disciplinary Authority.
M10 05-07-97 Xerox copy of the letter from the" Management to the petitioner. 26-07-97
Mil
Xerox copy of the order of the Appellate Ai'thority against the Petitioner.
New Delhi, the 9th January, 2002 S.O. 321 .—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947). the Central Government hereby publishes the award (Rrf. No. 13/97) of the Industrial Tribunal, Ajmer as shcwn in the Annexure in the Industrial Dispute between the employers in relation to the management uf Western Railway, Ajmer and their workman, which was received by the Central Government on 08-01-2002.
[No. L-41011/03/96-1R (B.I)]
AJAY KUM'AR, Desk Oflicer1149 1150 T HE G A Z E T TE OF INDJA : F E B R U A RY 2, 2 0 0 2 / M A G HA 13, 1923 [PART I I —S E C. 3 f i i )l 1151 New Delhi, the 9th January, 2002
New Delhi, the lOth January, 2002 S.O In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award (Réf. No. 7/98) of the Industrial Tribunal, Ajmer as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of Western Railway and their workman, which was received by the Central Government on 08-01-2001.
S.O. 323 . In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 cf 1947), the Central Government hereby publishes the award (Réf. No. 419/2001) of the Ccnral Government Indusirial [No. L-41012/261/97-IR (B-I)] AJAY KUMAR, Desk Officer1152 THE GAZETTE OF INDTA : FEBRUARY 2. 2002/MAGHA 13, 1923 [PART IF—Si.r 3(iD| Tribunal-cum-Labeur Court, Bhubaneswar as shcwn in the Annexure in the Industria] Dispute between the employcrs in relation to the management of Balasore Gramya Bank and their workman, vvhich wasreceived by the Central Government en 09-01-2002.
[No. L-120ll/ll/2001-]R(B.l)] AJAY KUMAR, Desk Offieer
ANNEXURE
CENTRAL GOVERNMENT JNDUSTRIAL TR1BUNAL-CUM-LABOUR COURT,
BHUBANESWAR
Présent :
Shri S. K. Dhal, OSJS, (Sr. Branch), Presiding Offieer, C.G.I.T.-cum-Labour Court, Bhubaneswar.
INDUSTRIAL DISPUTE CASE NO. 419/2001 Date cf conclusion cf hearing ; 20th Dec, 2C01 Date cf Passing Award : lst Jan., 2002 Between :
The Management of the Chairman, Balasore Gramya Bank, Head Office,
Balasore (Orissa) 751 002. lst Party—Management (AND)
Their Workmen, Represented threugh the General Secretary, Balasore Gramya Bank Employées Association. Vivekananda Marg, Srikanthapur,
Balasore. 2nd Party—Union Appearances :
Shri Ramesh Chandra Mchakud. Senior Manager,
Personnel Admn. Deptt. —For the lst Party
Management None For the 2nd Party—Union
AWARD
The Government of India in the Ministry of Labour, in exercise of Powers conferred by clause (d) of sub-section (l)and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947 (14 cf 1947) hâve referred the following dispute for adjudication vide their Order No. L--12011/11/2001/IR (B-I), dated 22-08-2001 : —
••Whether the demand No. 4. i.e. promotion in Bulascre Gramya Bank. ;îuui.st IC, frora Mes- senger to Clerk-cumCashier to OJM-I if Balasorc Gramya Bank EmpU \ecs A S K O LÙ n h .|W Uû'l If ycs, what relief the Balascre Giamja J'ark employées are eniitled to ?"
2. On receipt of the référence the 2nd party- Union has not respended and inspite cf issue of notice from this Tribunal, no Claim Statement has been filed by the 2nd Party Unjcn. Tn absence of Claim Statement there was no scope fer the lst Party-Management to file any Written Statcircnt. The 2nd Party-Union has been set ex-parte.
3. The référence has been made at the instance i f the 2nd Party-Union, so the initial cnus lies c n the 2nd Party Union to make eut a case by filing cf the Claim Slatement, relevant documents and by adducing oral évidence if necessary. But in this ca>e. nothing has been done on behalf cf the 2nd Party- Union, that would suggest that the 2nd Party-Uni< r has got no grievance against the actic n 1akcn by the lst Party-Management. In the ether w o ds the Tribunal can safely say that the demand No. 4 i.e. promotion in Balascre Gramya Bank, Balascre fie m Messenger to Clerk-cum-Cashier to OJM-1 cf Bala- sore Gramya Bank Employées Asscciaticn is justifed.
4. Référence is answered accerdingly.
Dictated & corrected by me.
S. K. DHAL, Presiding Offieer New Delhi, the lllh January, 2002 S.O. 324.—In pursuanec of Section 17 of the Industrial Disputes A d, 1947 (14 of 1J947), the Central Government hereby publishes the award (Ref No. CGIT-2 58 99) of the Central Government Industrial Tribunal No. 2 Mumbai as shown in the Annexure in the Industrial Dispute between the emp- loyers in relation to the management of Standard Chartered Grindlays Bank Ltd., and their workman, which was received b} the Central Government on 10-1-2002
[No. L-120l2|386 98-IR(B-I)J
AJAY KUMAR, Desk Offieer1153 ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. II, MUMBAI PRESENT :
S. N. Saundankar.—Presiding Officer.
Référence No. CGIT-2|58 of 1999.
Employers in relation to the management of Standard Chartered Grindlays Bank Ltd., (formerly knovvn as ANZ Grindlays Bank) The General Manager (Employers Relations') Sfandard Chartered Grindlays Bank Ltd. 90, Mahatma Gandhi Road, Post Box. 725, Murabai-400 001.
AND
Thcir Workmen. Sbri Sudhakar D. Khativilkar, 5 17. Lammi Chawl, Meghwadi. Joijeshwan (East) Mumbai-400 060.
APPEARANCES :
For the Employer.—Mr. Pankaj Patel, Advocate. For the Workmen.—Mr. Abhay Kulkarni, Advocate.
Mumbai, dated lst November, 2001
AWARD
The Government of India, Ministry of Labour, by its Order Nq. L-12012l386j98|IR(B-I), dated 9-3-1999, in exercise of powers conferred by clause (d) of sub-section (1) and Sub-section 2(A) of seciion 10 of the Industrial Disputes Act, 1947, hâve referred the feilewing industrial dispute for adjudica- tion.
"Whether the action of the management, of ANZ Grindlays Bank in illegally and orally lerminating the services of workman, Shri Sudhakar D. Khanvilkar, w.e.f. 2-7-1997 is justified ? If not, what relief the work- man is entitled to ?"
2. Workman Sudhaksr D. Khanvilkar was engaged as a temporary <.ub-stafî in Standard Chartered Grind- lays Bank Limited, ersîwhile known as ANZ Grind- lays Bank Ltd. in November, Î991. He worked in that capacity tjll Jul\, 1997 branch at Lower Parel. Khanvilkar averred vide his Statement of Claim (Ex- hibit-5) that he worked against the permanent post and that he was performing duties which are peren- nial and regular in nature. He put more than 246 days as requned under the Industrial Disputes Act. However. instead of making him permanent, to avoid confe'rring benefits, he has been terminated. It is his contention that though he had completed 240 days vvay back in the year 1991 he did not become party to the dispute for permanency in Référence No. 47 of 1993 as he was then interviewed for regular post and had lie become party, management would hâve •been displcased and refused to appoint him in regular post. It is coiitcnded after the said référence the atti- tude of the management has wotsened and the initially management d;d not pay his earned wages though later-on, paid. It is contended Khanvilkar had filed. Application (L. C. B. 6 of 1997) before the Central Government Labour Court No. 1 Mumbai for getting unpaid earned wages from February, 1996, in which the banks Area Employée Relations Manager, Mr. Shety appeared and feeling ill on July 2, 1997 his superior orally informed him that his services are terminated with immediatt efïect. It is contended that though Khanvilkar worked continuous for 240 days in a year, to deprive his hard earned wages he has been removed, illegally. Consequently he con- tended to îeinstatc him in service with full back wages. Management ANZ Grindlays Bank Limited later on vide (Exhibit-r8) changed its name as Standard Chartered Grindlays Bank Ltd., under the provisions of Companies Act, 1:956, opposed the ciaim of workman Khanvilkar by filing Written State- ment (Exhibit-8) eontending that Khanvilkar did not work contmuously for more than 240 days, he was not performing the duties of perennial nature nor he was appointed against a permanent post. It is con- tended that, he was employed only to do the work of packing and stationery, lifting of trunks etc., as and when the work in the stationery department increase. It is contended that Khanvilkar intermit- tently worked and that. at no point of time, he work- ed continuous. The bank denied that Khanvilkar's services were terminated illegally on July 2, 1997 as he had filed an application under section 33C (2) of the Industrial Disputes Act. It is contended that the temporary work for which Khanvilkar was emp- loyed as a temporary sub-staff, was contemplated and hence there was no question of employing him, after February, 1996. It is the contention of the manage- ment that, work not available and therefore he was discontinued and consequently he is not entitled to reinstatement and back wages.
3. On the basis cf the pleadings my Learned Pro- decessor framed issues at Exhibit-10. Khanvilkar filed affidavit by way of Examination-in-Chief (Exhibit- 15) and that on his cross-examination by manage- ment, closed évidence vide purshis (Ex-16) Manage- menr did not lead oral évidence as seen from the Rojnama dated 2-3-2000.
4. Workman, Khanvilkar filed his written submis- sions (Exhibit-17) and the rulings with list (Exhibit- 20). Management filed the written submissions (Exhibit-19). On hearing the ccunsels for both the parties and going through the record as a whole, and the written submissions, I record my findings on the following issues fer the reasons mentioned below :
Issues
Findings 1. Whethër, Khanvilkar, the workman has ccmpleted 240 days in a year
prior^ to 2-7-1997 ?
Yes.
2. Whether Khanvilkar was doing the work of a perennial nature ?
Yes.
3. Whether the management of Grindlays Bank terminated the services of Khanvilkar ?
Yes.
1154 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)l4. Whether the action of the manage-
ment Grindlays Bank in terminating the services of workman Khanvilkar is légal and justilied ? No. 5. If not, what relief the workman As per is entitled ?
order.
below.
REASONS
5. At the out set, the Learned Counsel for the management Mr. Patel inviting attention of this Tri- bunal to the written submissions (Exhibit-19) urged with force that the dispute relates to an individual under section 2A of the Industrial Disputes Act and therefore the relief which is prayed by the workman of 'permanency' cannot be granted which fall under section 2(k) of the Industrial Disputes Act, and on this ground, the référence deserves to be dismissed. The dispute is in relation to termination of the services of Khanvilkar and that lie had espoused that cause under section 2-A of the Industrial Disputes Act. It is seen the case of Khanvilkar is that he was doing the work of perennial nature and therefore he needs to be made permanent, however, instead of making him permanent, he has been illegally discontinued. In short, the dispute pertain to the termination. There- fore it squarely falls within the jurisdiedon of this tribunal.
6. Khanvilkar stated in his affidavit that he worked continuous from November '91 till the date of termi- na,tion of his service by ihe bank. He was working with stationery department of the bank. He worked continuous more than 240 days way back in 1991-92. None on behalf of the bank ventured to réfute the same, by entering the vsitness box. Management infact in Written Statement (Exhibit-8) para. 13 averred that the services of the workman came to an end in February '96. That means, since November 91 till the end of February 96, Khanvilkar was in continuous service. Nothing to show that he was given break at any point of time. It is therefore clear that Khanvilkar worked continuously for more than 240 days in a year preceeding to the date of his termination as required under the provisions of the Industrial Disputes Act.
7. True it is, apeording to Khanvilkar he had com- pleted 240 days in the year 1991-92 and that the référence 47 of 1993 was raised for permanency by the union for other employées, however, he did not become party to that as he was interviewsd for regular post. The Learned Counsel for the management Mr. Patel submits that Khanvilkar in his cross exami- nation para. 23 clearly admitted that he had not com- pleted 240 days in 1991 and therefore question of becoming him party to that référence dœs not arise and thereby he had not completed 240 days. Not to become party to the Réf. 47|93 by the workman in the year 1991 as he had not thus completed 240 davs. though relevant for him but not ail relevant in the case on hand as record as a while. clearly point out that he did complète 240 days in 12 calendar months as required under the provisions of the Tndustrial Disputes A
8. According to viorkman he was doing duties of perennial nature. It is in his évidence, para. 24 that he was the only peon in stationery department. Nothing on record to show that no work is aivailable in the bank since 1996(97. It is seen from the record, still posts exist there is no question of shedding of surplus labour under the coverage of retrenchment. The case of the workman is on reinstatement as his termina- tion was illégal and not the absorbtion or régularisa- tion, nature of work, he did was permanent or tempo- rary is that way redundant. If at ail point remains as to whether he was doing the work of perennial nature, going Ihrough the record as a vrhole, it can be said that it was of perennial nature as nothing on record to rebut the same.
9. According ta the management as seen from the Written Statement, para 13, workman's services came to an end in February '96. Workman stated that he was first orally told not to corne on duty from 2-7-97. From the record of the bank itself, it is clear that, he vas terminatecl by the end of February '96.
10. It is seen from the Written Statement, para. 15, bank contended that retrenchment compensation is payable to the workman only if he has completed 240 days service in a calendar yeair but since workman did not complète 240 days service, he is not entitled to any retrenchment compensation, however bank is ready and willing to pay him retrenchment compen- sation up to February '96 without préjudice to their rights and contentions. This shows that while endirtg the service of Khanvilkar he was not given retrench- ment compensation, which is clear eut breach of Sec- tion 25F of the Industrial Disputes Act.
11. On perusal of the record it is seen that the bank admits that its 43 employées had raïsed dispute for permanency, vide référence bearing No. 47 of 1993 and the same was allowed by the tribunal on 30-6-97. It is further seen that one of the sub-staff Deepak Munaekair had raised dispute through union, on simï- lar facts on hïs termination bearing No. 135198 and the same was allowed by the Tribunal nd Writ Péti- tion challenging the same Bearing Nd. 2925 of 1999' filed bv the management bank. was dismissed by the Bombay High Court as reported in 2001 I CLR 570.
12. On going through the record as a whole it is clear that Khanvilkar worked continuously more than 240 days in the year preceeding his termination dated 2-7-97 and that nothine to show that the requïrement of sub-staff has ceased. Consequently action of the management in terminatine the services of Khanvilkar is neither légal nor justified. Therefore he is entitled to reinstatement in service with full back wages. Issues are. therefore arisvrered accordingly and hence the order :
ORDER
The action of the Management of Standard Char- tered Grindlays Bank Ltd., erstwhile ANZ Grïndlavs Bank in terminatin? the services of workman Shri Sudhakar D. Khanvilkar w.e.f. 2-7-1997 is not légal nor iustified.
The bank is directed to reinsta+e Khanvilkar in servic/p in continuity with full back wares, pdinstine navment if anv. mde to him, while terminatinjr his service.
S, N. SAUNDANKAR, Presidinsr Officer1155 New Delhi, the 11 th. January, 2002
S.O. 325.—In pursuance of Section 17 of the ïndustrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award (Réf. No. CGÏT-2/11/J999) of the Central Government Industnal Tribunal No. 2, Mumbai as shown in the Annexure in the Indusmal Dispute between the employers in relation to the management of Konkan Railway Corporation Ltd and their workman, which was received by the Central Governineut on 10-C1-2O2.
[No. L-41O12,'56/9S-1R(B-I)1
AJAY RUMAR. Dcsk Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT ÏNDUSTRIAL TRIBUNAL NO. II, MUMBAI
PRESENT :
Shri S. N. Saundankr.r, Presidiag Officer.
Rejerence No. CGîT-2/11 of 1999
Employers in relation to the Management of Konkan Railway Corporation Ltd.,
The Chief Engineer. Konkan Railway Corporation Ltd., Mahad, Nr. Rly. Station, Panvel, Distt. Raigad-410206.
AND
Their Workrtun.
Mr. Arjun Pandurang Bandre, At Post Dhanndevi, T'ai. Poladpur. Distt. Raigad-410206.
APPEARANCES :
For the Employer : Mr. R. S. Samant. Advocate. For the Workmen : Ms. D. Fernandes; Holding Adv. for Workman.
Kumbai, dated 5th November, 2001
AWARD
The Government of Tndia, Mini^iry of Labour, bv it? Order No. L-4i0!2/56/98-ÏR(B-I">. dtd. TM2-1098, in exer- cise of the powers conferred by clause (d) of Sub-sedion (1 ) and Sub-section 2(A) of Section '0 of the In.1iii.tnal Disputes Act, 1947 hâve referred the following industrial di'pute (o this Tribunal for adjudication.
"Whether the action of the irsairwemenf of K R.C L., Mumbai in di"miss!nn ihp sivvirpn ni" Mr Arinn 210 GI/2002—43
Psndurang Bandre, Ex-Watcbman w.e.f. 1-7-1996 is ieç-il and justified ? If not, what relief the workman cu-icerned is entitled to ?''
2. Workman, Arjun Pandurang Bandre was employed by t'ic Kor.kun R;t'j\ ay Corporation Ltd. (herein after referred t" as KF'.C.L.) as watchman on 1-5-93, to guard explosives b'o'ed in a Magazine Building at Plr.iîkewadi in Mahad (•taiïVn. lt is contcrided by Bandre vide Statement of Claim (H\nbit-10) that r* ib retired personnel from Indian Army. He v/cik'.'d continuousiy 240 days with the Konkan Railway, ftowever, his seivices hâve been terminated without following the provisions of the ïndustrial Disputes Act on 1-7-96. He has averred that he was not conaidered for régularisation and absorbtion by the railway. He had complained on his termi- naison to Assistant Labour Comrnissioner vide letter dtd. 27-9-96, who tried for conciliation, but failed. lt is his con- tention that he worked without break from 1-5-93 till 30-6-96. His naine was îxcommcnded for régularisation by Deputy Chief Engineer of Konkan Railway Corporation Ltd. vide letter dtd." 22-6-1995. He was not given notice nor retrench- ment compensation and that his termination is illégal, therefore, lie contended to reinsiate him in service with continuity and back warçes,
3. Management K.R.C.L., resisted the claim of workman Shri Bandre vide Written Statîmsnt (Exhibit-11) contending that woikman was appointed as daily rated watchman vide order dtd. 29-4-93 w.e.f. 15-5-93 on contract basis. It is contend- ed that by the appointaient letter workman was informed that his appointaient was purely on temporary and could be termi- nated any day without any notice, and accepting the same he had joined his duty on 3-5-93. lt is contended by the management that on the application the workman was appoin- ted as a daily rated watchman on the project work of Mahad unit of K.R.C.L. which was completed and the line was opened for passengers trame on 25-9-95, therefore, the Mdngazine building at Phalkewadi was closed by the manage- ment on 30-6-96 and there was no need to continue the service of watchman workman. It is contended there was no vacancy eristing for the post of watchmnn at that time and that as per t!i"" tenus and conditions fit the appointaient letter dtd. 29-4-93 which the werkman had accepted his service was discontinued w.e.f. 30-6-96. ft is contended workman had fcent his saîary bili dtd. 29-6-96 to the management for the work done by him and that he was paid the wages up to date which he had received by cheaue dtd. 10-7-96. It is erniended the workman after discontinuing his service did not make any complaint to the management. His services were tetminaied legally. therefore he does not seek any relief.
4. By Rejoinder (Exhibit-13) Mr. Bandre contended that management K.R.C.L. i.e. Konkan Railway is a very vast Corporation and the number of service exist at différent places ard that the services of this workman can be transferred to other place where the wotk exist. Tt is contended since he had completed 240 davs in preceding year he is entitled to the protection under Section 25-F of the ïndustrial Disputes Art which are not been followed. Tt is contended that stipula- tion made in his appointment order is contrary to the pro- visions of the said Act and on that count the appointment order :
5. On the basis of the nleadings rny Learned Predecessor framed issues at Hxhibit-17. Work min Bandre filed affidavit bv way of fîxamination-in-Chief CExhibit-19) and that he va": cross-°T.'imined by the Connsel for the management and thereafter he cSosed oral évidence vide purshis (Exhibit-20). Assistant Pnr^onn.cl Officer, Mr. Nikara fifed affidavit on behalf "f the KR.C.L. bv way of F.xamination-ro-Chief (Exhibit-21). Howevar. record shows workman and his advocate remained nb'en' and con"equently hp was not cro"s-examined, no purshïs f'V c'wnr? of évidence filed by the management as seen from Rojrwtna did. 3-3-2000.
6 Aîanagemer.t filed written submiss'ons (Exhibit-24) and •he wnrlcmsn (Pr.b'-bh-lS) with copies of rulinas (Fxhibit-26). On perusing the record as a wîicie and gains throuçh the1156 I H Ii G A Z l i T IL Of I N D IA : F H B R U A RY 2, 2 0 0 2 / M A G HA 13, 1923 [FART i l —S E C. 3 i i l j] written subtnissions, I record rny lindings cm the followina issues for th.? rendons stated below .
Issues
J'indinus
1
Yes.
Whtlhci the workman was appo'ntcd on a piojcci work which W.IN completed ?
?
y es.
11. "J hc appointment letter stalol 29--1-93 is at Œ K . - 1 6 / I: Annexure-A). Admittedly Bandre accepîinj; the conciliions m ihe said letter resumed dutv on 3-5 93. This clearly spcùks appointment of Bandre as a daily rated watchman on R". 30 per day on cou tract ba-.i\ is purely temporary and can be terminated wi'hout any notice. Pioposal by vvay of appointment aud accepting the same becomes a contract and that this contract is binding on both the parties, to which ciie workman eannot be an exception. Under Section 2(ooJ (bb) of the Inclustnal Disputes Act, termination by the emp- loyer of the services of the v.orkman, for any reason whal- soever, otheiwise thun as punishment inflicled bv wav of d'sciplinarv action, ^ut does not include • —
Whefher tne action of the management was in terni* and conditions m icspect of the apportaient of the workman '.'
(a,) voluntiry refirenr-nt of the workrnjn; or
Y es.
3. Whether the action ot the management in disnrs.sing the services of Arjun Pandurang Bandre watchman w.e.f 1-7-96 is Jegal and justified ?
(b) retirement of the workman on reaching the âge oi superannuation if the coruract of employment bet- ween the employer and the workman conceined contains a stipulation in that behal/; or 4. If not. to wliat relief Ihe wo'kmim is entuled to ?
He is not entitled to anv relier.
RF.ASONS
(bb) termination of the service of the woïkman as a l'esult of the non renewal of the contract of emp- loymeit between the employer and the woïkman conceined on îts expiry or of such contract being ttrminated under a stipulation in thaï behaîf con- ta ined therein.
is not a reti encornent. The submission of the workman that the letter is a device to escape the applicability of Seclion (25) in view of the position cannot be accepted when it squaiely falls under exception there-by the discontinuaiion of s.-rvice of Bandre, does nor fall under the category of retrenchmeni in view of the admissions referred to above.
12. Admittedly Bandre contituiously v\orked for rnore 7. lt is the admitted position that Baiidre was engaged ;:s a watchman in the Konkan Railway as per the letter dul. 29-4-l>3. Acco'ding to Bandre as pei the said orde1' he joined oi 3-5-93 a n d ' w o r k ed tîII 30-6-96 contmuonsly. Fîowever,- though he worked contimiously more tl.an 240 days, he lias been d tcont;niiid from 1-7-96. v. hich is contrary to the pto- visions of S 'Cton 25F of the Industrul Disputes Act. Manage- mc'-i!. K o i k an Railway's Assistant Personnel Officer, Mr. B. B. Mikam stated that Bandre was appointed as dailv rated watchman u guard the cxpiosr.es sfored in iîit; Magazine Build na at Phrdkewadi. Mahad. His appomtment wa,, on contract ba<:s for euarding explosives in Magasine Build'ng only and the said appomlrocnt was purely temporary and could bc termina tud an y day wiihoiU a rv poi;ce He disclosed that Magazine Building at Phalkewadi v.as c'esecl by the Won k an Raliway on ii!-''i-9fi and as no work remained as per the appointaient letter dnted 29-4-93, the contract of service vvith the workman was discontinued trum 30-6-96. Ho disclosed th.it ;>-. Bandre was appointed on co"trr.ol basis hc is not emifkd to régularisation and absorption in K.R C L.
8. Tiandie admits in bis cross c.xarninrition dated 5-1-2000
ŒxhiH1-l9):
"lt is a fact tint 1 was i"iirï:>ed by the Koni-an Railwav as a watchman ou conciaçt basis for guarding ex- plosives stored in Maga/ine Building, Mahad, ou the :.ccepted terms and t;viditioiis in the letter of appointaient, it is a fact that I was informed by the management while givmg contract I will be removed withont notice. Jt is a fact that project was completed and oassen"er )me was started on 25-9-95 It is a fact tint the explosives which were stored in the building a.'e iransf-:rred to other places as per the requirement as rhe work stopped form 30-6-96. it is a faci t h it because of that ray cont- ract was d';scjn*ini!cd from 30-6-t|6.
9. Admissions of the advevary is the besf évidence Woik- man Bandre himself admits ihat h." wa" appointed on cont- ract b?sis !emD0'"'r:Iy w;th > cle:ir-cnt underrtanding that his services would be ('"rriinaled at any time wifhout any notice and that work foi vvVch he vas, appointe! as watch- man, was completed and therefore he wai discenlinued.
1157led to terminate ihe employaient by giving three months notice.
and fui ther observed that ihere is nothing on the record to show fhat he was appointed by Respondent No. 1 on legular basis. We are therefore of tna view that the appellant was not a regular|permanent employée of Respondent No. 1 and he had no right to continue till superannuation. in the said case termination of the employée was in terms of the contract of service. The employte was not appointed on regular basis and was discontinued without notice. In the présent case also workman was appointed on contract basis purely on daily wages. Therefore the said ruling is applicable to the présent case.
14. The main contention of the workman is that since he had completed continuous service of 240 days, he is entitled to benefit under Section 25-F of the Industrial Disputes Act. He was not on regular basis, he was on contract basis. Merely because he completed 240 days in service, bis services cannot be regularised as the case falls under Section 2(oo)(bb'!. For this reliance can be had to Arvind Kumar Vs. Deputy Director (Admn.jl Rajya Krishi Utpadan Mandi Parishad and Anr. 1995 1 LU page 750.
15. On going through the évidence as a whole and dis- cussions supra, it is ciear that, Bandre was appointed on Project work as per the terms and conditions mentioned in the Contract dated 29-4-93 and the work as per contract was completed. Consequently, action of the Management to discontinue the workman with effect from 1-7-96 from the service of Watchman is totally légal and justified. Work- man, therefore, is not entitled to any relief. Consequently, issues are answered accordingly and hence the Oder :
ORÛER
The action of the management K.R.C.L., Mumbai in dismissing the services of Mr. Arjun Pandurang Bandre, Ex-watchman w.e.f. 1-7-1996 is légal, proper and justified.
S. N. SAUNDANK.AR. Presiding Officer New Delhi, the llth January, 2002 S.O. 326.—In pumiance oî Section 17 of the in- dustrial Disputes Act, 1947 (14 of 1947). the Central Government hereby publishes the award (Réf. No. CGIT-2/22/99) of the Central Government Industrial Tribunal No. 2, Mumbai as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of Central Railway and their workman, which was received by the Central Government on 10-1-2002.
[No. L-41012/93/98-IR(H4)]
AJAY KUMAR, Desk Office
ANNEXURE
BEFORTZ THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. II, MUMBAI PRESENT :
S. N. Saundankar, Presiding Officer.
Référence No. CGIT-2/22 of 1999 Employers in relation to the management of Central Railway
The General Manager ( P ), Central Railway, Mumbai (C.S.T.), Mumbai-1.
AND
Their workmen Madhya Rly. Karmachari Sangh, The General Secretary. M.R.K.S., 33, Mohti Bhavan, Dr. D'Silva Road, Dadar, Mumbai-400028.
APPEARANCES :
For the Employer : Mr. Suresh Kumar, Advocate. For the Workmen : Mr. M. B. Anchan. Advo- cate.
Mumbai, dated 22nd October, 2001 AWARD—PART-II
By Intérim Award dated 26th October, 1999, my Learned Predecessor, heid that do;nestic inquiry con- ducted ugainst the workman vitiates and that findings recorded by the inquiry officer are perverse. There- upon the management Central Railway by application ( Exhibit-17) requested the Tiibunal since inquiry held not proper, management be aliowed to lead évi- dence to prove its action. However, the same was re- jected by my Learned Predecessor vide order dsted 15-12-99. Record shows that the management there- upon moved the Hon'ble High Court by Writ Pétition No. 702 of 2000 and that the Hon'ble High Court set aside that order directing the Tribunal to give opportunity to both the parties to lead évidence, to piove their action.
2. According to Ranjan Mohalik he was engaged as substitute Bungalow Peon in 1989. While working at the bungalow of Shri S. N. Chakravarty, Dy. CME, Bombay V.T. he was charge sheeted en 23-4-92 foi- the allégation that he remaincd absent unauthortsedly from 15-10-90 to 31-12-90 and from 31-3-92 till (he charge sheet i.e. 23-4-92. According to workman, he was not alîowed to perform the duties from 31-3-92 as Chakravarty was prejudiced against Mm. It is con- tended inquiry officer without holding proper inquiry found charges proved and thereupon the Disciplinary Authoiity reinoved him from service illegally vide order dated 13-12-95. Tt is contended, since he was illegally dismisscd hc be reinstated in service with i'ull back wages.
1158 IHfc GAZELïli Of ibiûïA : l kiiiïliJARl Z, lOOI/MAoKA U 1923 [PART II—SEC. 3(ii)jWSJ gi/en and conscquenily évidence was led and îiciL'Jore it is to be aiijudicated as to "Whether action oi the maniement to reinove the workman from the service is justmed or not ?" lo justîiy the action, man- agement rclied on ui\u as well as documenlary évidence on record.
3. Management opposée! llie ciaîm of woikman by filing Written Stateineut (Exiiibit-9) coiucntiiiij îhin the workman anauihorisedsy leriiisinod absent OJI duiy and therefore he was gjven Charge Mémo datcu 23-4-92, and that on propei niquiry lieiu by use în- quiry officer the Disciplinary Authority rcrr.oved uini trom service on 13-12-93 anci that appeai agamsi the dismissal ordec was dismisscu. It is eontendcd hy the management that, unauthonst: absence i'rom tiuiy on the part of workman was proved and tneieiore the action of dismissal is jusuned and conséquent]) lus claim of reinstatement be dismissed.
9. [he chai g*, against the workman Mr. Mohalïk was th.it iie rernanied absent unauthorisedly from ].')-H;-vi) su 31-12-90 while Vi'orkmg as sub-bungalow pton u> Depuîy C.M.E., Bombay V 1', and further re- muining absent irom 3 i-3-92 tul the date of charge sriect dated 23-4-92 while functioning as sub-bungalow pcon.
4. As stdted above m y lu.rned Prcdecessor heid that domestic inquiry was againsi ihc Pi manies oi Natural Justice and jair play ana tne ànuinga were perverse and the said nndings w^re connrnica by the Hon'ble High Court m Writ Pétition .ho. 702/^UUu, dated 27-3-2000.
5. As per the directions of îhe Hon'ble High Couit in the above said writ pétition the managemein s, Cen- tral Railways, Dy. C.M.E., Mr. Pucohit xtled aiiidavit by way of Exammation-in-ChLi' at (Iî.x. 2î>) to provu action of the management and ai ter cross examinalioi) by the union, évidence was ciused vide purshis (.Ex- hibit 29). Workman Mohalik iiied his aJIuiavit by way of Examination-m-Chief (JExhibit 3 J ), and in support of his case the ex-employee of the Central Kailwyy, Mr. Joshi, filed affidavit (Ex. 33) and thereafter ekx.ecl évidence vide purshis (Exhibit 34).
lu. Mr. t. k. Puronit, wlio was working as P.A./ Se-.rctury to C.M.E., Mr. Chakravarty stated vide aiiida'vit tbat Mohalik was flien Bungalow peon at the bungalow ci' Mr. Chakntvarty. His appointment was ,'A .subssitute bungaiow peon means, his appoint- • m;;ni wa> not permanent and services was liable to be tciminateu at any time and added that lie did not attend the bungalow dmy during 15-10-90 to '31-12-90 and agahi from 31-3-92 till 23-4-93. He did not jntimate on liis absence to Mr. Chakravarty ai \vi-u".-.e bi'ngalo'w he was attached nor to om'ce and tberefore Cnc was rnarked abseist in the leave legister. Mi'hulik rctused that he w.is absent from duty on J 5-10-90 to 31-12-90 and also for further period rrons 31-3-92. He disefosed that he worked diaring the period 15-10-90 to 31-12-90 and got wages, and that he was not allowed to join from 31-3-92.
6. My Learned Predccessor framed in ail six issues vide (Ex. 12) and by way of Intérim Award he gave findings on the preJiniinary issues at Sériai Nos. 1 to 4. Now the issue Nos. 5 and 6 are to b; d.eicicd in the light of the évidence iead on record.
7. Workman filed his written submission? (fc;%hîbit 35) and the management at (Exhibit 36) and the copies of the rulings (Exhibit 37). On perusing the record as a whole and the written subrnissions and hearing the counseis 1 record my findings on tire following issues for the reasons recorded belov"' :
Issues Findingt-
5. Whether the action of the manage- ment of Centra! Railway to remove the workman Ranjan Mohalik from service w.e.r. J 3-12-95 is justirkd ? No
6. If not, what relief the workman As per is entitled to ? order below.
REASONS
i l. Puroiiit admits in his cross-examination that wsgts were paid io the workinaa for the period of his absef.ee. He adinits that no mémo nor notice on his ab:,er;ce wa^ given. It is pertinent to note that, ac- coïdiiig lo Mr. Purohit, pcon works at the bungalow of Mr. Chakravarty, Dy. C.M.E. situated at Budhuwar Pu.k. Colabu*. Ofike Saperintendent marks the attcndnnce of the employée, sitting in office at V.T. The intendance register (Ex 10) pg. 38 apparently apnears to be over written. No concrète évidence on record to shov7 that altendance was marked as per the actiiî;] position. Management did not examine Oiïice Superintcndent wiho marked the attendance nor Mr. Chnkravarty to thrown light in the matter. Accord ing to Mr. Purohit wnges paid during absence were îoctne.cu, Tho Learned Counsd Mr. Suresh Kuma'- ii!vib"i\~ attention of this tribunal to the docu- m^iii', fil?d wi'tîi 1ht (Exhibit-5 & 10) and the written subinKsirps fiîcd by him, "ir;red that workman ad- mittedîy did not complain on rocovery of wages vide crois-examination, para 9, which goes to show that v/ag.;s wef? pu'd to hira tluough over sight. It is to be noted trurc, workman pointej ont that he had comp.Mjncd io, that effect to Mr. Chakravarty at whoi-e bunr.t'low he wa" aitacheil. Needless to say, b'dipùn'iVg povvcr of the workman is always weak comparer to the employer and that empty stomach do::o r<}t pjrniit the k'bourcr *o shouldcr the risk. In this contevt if we ri'isd the étalement of workman tha,: hc did not complain. sp^alcs volume. Had really v-orkman renained absent unauthorjsedly during the p e f oi ivferrcd to above, in normal course of events, meinr./notice been isnied to him, cailing his explana- tioii, liowevcr, that is wnnting, wîiich goes to show the p?i\ ion was oihcrwix. On this background, 8. At the ouiset it is to be noieti r!:aî the man.h-e- ment, Central Raiiway, had condnricd don••.-,;\c in- quiry against workman. Howevcr. as r.ientjoned abov.-, inquiry held to be vitinted as Principles of Nafuml Justice and fair play were net foliov/cd. increloi-', in view of Section "l J-A of the Induslrial Disputes Act and in the light of the observations made by t!\; Hon'ble Suprême Court in Neeîa Kapdish Vs. Prcviù- ing Officer, Labour Court 1998 CLR 210 and ta,; order passed by the Hon'ble High Court in Writ Péti- tion No. 702/2000 opportunity to Icad fresh évidence1159 workmans contention that he aotually worked during the period, shown absent i.e. 15-10-90 to 31-12-90 which finds corroboration t'rom the évidence of Ex- employee Mr. Joshi, of which wages he received, can safely be accepted.
12. So far the absence from 31-3-92 till the date of charge sheet i.e. 23-4-92, accordin" to workman he was not allowed to perform his duties though he attended the bungalow of Mr. Chakravarty. As stated above, workman was given wages of his ab- sence period. Mr. Chakravarty was not examined to rebut the said testimony of workman. It is relevant to note that Mr. Purohit in his évidence stated that, workman was taken on duty on Ist July' 92 Inquiry on his alleged unauhorised absence from duty was completed and report was madc en 16th June"92 and that he was dismissed for the said charges on 13th December' 95. The fact that after completing the inquiry and submitting report dated 16th June' 92, workman resumed on duty on Ist July' 92, itself exonérâtes the earlier absence. Frofn this point of view, his termination dated 13th December' 95 after resuming the workman on duty, after inquiry is totally unjustified.
13. The Learned Counsel, Mr. Surcsh Kumar, iiled zerox copies of rulings with list (Exhibit-37) in sup- port of the case of management on removal of workman. However the facts in those cases are to- tally différent to the facts of the case on hand. Consequently they are no avail to them.
14. Therefore going through the record as a whole, it is seen wbrkman worked during the period from 15-10-90 to 31-12-90 and that he was not allowed to work at the bungalow of Mr. Chakravarty from 31-3-92 of which period wages he received. The Charges in this context levelïed against the workman are not proved by the management. On this bi>ck ground action taken by the management on removal of Mr. Mohalik in view of the findings therefore, neither légal nor justified. Consequently he is requi- red to be reinstated in service with continuity and full back wages. Issues are answered accordingîy and hence the order :
ORDER
The action of the management of Central Railway, to remove the workman, Shri Rajan Bharat Mohalik, from the services w.e.f. 13-12-95 is neither légal nor justified.
The management is directed to reinstate the work- man Mohalik with continuity in service and pay him full back wages.
S N. SAUNDANKAR, Presiding Officcr New Delhi, lhe;2nd January, 2002 S.O. 327.—In pursiiance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby pùblishes the award of the Central Government Industrial Tribunal, Chaînai as shown in the Annexurë in the Industrial Dispute between the employers in relation to the management of Airport Authority of India and their workman, which was received by the Central Government on 2-1-2002.
[No. L-l 1012/1 l/94-IRM)[
:[No. L-11012/12/94-IR (M)]
[No. L-11012/13/94-IR (M)]
B. M. DAVID, Under Secy.
ANNEXURË
BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHENNAI
Thursday, the 6th December, 2001 Présent : K. KARTHIKEYAN,
Presiding Officer
INDUSTRIAL DISPUTE NOs. 382, 383 AND 384/2001
(Tamil Nadu State Industrial I.D. Nos. 201/94,
205/94 and 6/95)
[In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-sectkn 2(A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947), between S/Sri V. Anandan, P. Sathiaseelan and K. Jagannathan (deceased) L/R Smt. Palani Animal and the Management of Airport Authority of India (International), Chennai. ] BETWEEN
Sri V. Anandan (I.D. No. 382/2001)
Sri P. Sathiaseelan (I.D. No. 383/2001)
Sri K. Jagannathan (deceased) (I.D. No. 384/2001) L/R Smt. Palani Ammal 1 Party/Workmen AND
The Senior Cargo Manager, Airport Authority of India (International), Chennai.
II Party/Management1160 THE GAZETTE OF TNDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)] Apptarance> :
For the WVrktnen 1 to 3 : Mr. K. M. Ramesh &
K. Viswanathan,
Ailvccates.
Fer the Management : M/s. Vijay Narayan &
V. rarfhiban, Advccates.
The Gcvt. < f India. Ministry cf Labeur in exer- cise cf pewers cenferred by clause (d) of sub-sectien (i) and sub-sectien 2(A) rf Secticn 10 of Industriai Dispuie Aet, 1947 (14 cf 1947), hâve referred the abn\e mentioned three industriai Disputes for adju- dication vide Order Mes. L-l 1012/11/94-1R (Mise) dated 25-11-1994, L-l 1012/1 3/94-IR'(Mise.) dated 30-11-1994 and L-11012/12/94-IR (Mise.) dated 12-01-1995. 02-12-1994
2. Thèse références hâve beea roade earlicr te the Tamil "Nadu State Industriai Tribunal, where the saine werc taken en file as I.D. Nos. 201/94, 205/94 and 6,95. When the matters were pending enquiry in that Tribunal, the Ckvt. cf Jndia. Ministry cf Labour was pleased to order transfer cf thèse cases from that Tribunal to this Tribunal for adjudicatien. On receipt of records frora thaï Tribunal, the cases hâve been taken on file as I.D. Nos. 382/2001, 383/2001 and 384/2001 and notices were sent to the counsel en record on either side, informing them abeut the transfer of thèse cases to this Tribunal, with a direc- tion to appear befere this Tribunal on 19-02-2001. On receipt of notices from this Tribunal, the counsel < n either side présent with their respective parties and prosecuted thèse cases further.
3. When the matter came up befere me for final hearing en 23-10-2001. upon perusing the Claim Stafements, Counter Statements, the other material papers en record, the oral évidence let in en the side of the I Party/Workmen, the decumentary évidence let in on e
COMMON.AWARD
4. The cornmon industriai dispute raised by thèse Petitioners as mentioned in the Schedule of Références
iï : —
•'Whethcr the action of the Management cf Internaticnal Airpcrt Authcrity of India in refu- sing employment to S/Sri V. Anandan, P. Sathia- scelan and K. Jagannathan w.e.f. 23-11-1992 is iustified ? If not îo vvhat relief are they entitled ?"
On 1-2-1978 the International Air Cargo Complex was estabH<-hed and the II PsrtjVMaragc- ment International Airpcrt Authcrity cf Indja (hère in after refers toas Respendent) WPS appoirtcd as custedian. The Respendent entrusted their loading and unlcading cpeiatkns te- M/s. Air Freight Pvt. Ltd. These I Party/Wcrkmen (here- inafter refer to as petitkrers) jcir.cd the said M/s. Air Freight Pvt. Ltd., a private ccnïfany in the year 1980, on 1-1-198! and en 1-1-1978 respectively as leader and attender respecîively. The said M/s. Air Freight Pvt. Ltd. was carrying eut handling cf cargo in the Mee-nambakkam Airport fer and on behalf of the International Airpcrt Authcrity of India. In the year 1984 the Management of International Aiipcrt Autho- rity ef India terminated the centract awarded to M/s. Air Freight Pvt. Ltd. fer handling cargo clearing and infermed them that the International Airport Authority of India itself will take ever the said cargo clearning and departmentalise the cargo clearing opération. ]n view cf the abeve sudden develcpment, the s
5. The brief facis ol' the industriai dispute raised by these Petiti< ners in commun in their respective Claim Siatcments are as fe lk.ws :
1151by the said Society to work in the cargo comple* of International Airport Authority of India, Ihe Respondent has no manner of right to refu-c employment to thèse Petitioners on any ground. Challenging the non-employment, the Petitioners raised an industrial dispute before the Assistant Labour Commissioner (Central) Madras. The efforts of the concilîiation officer to settle the dispute did not matérialise. On submission of failure report by the Assistant Labour Commis- sioner (Central) Madras, the matter has been referred by the Ministry of Labour, Govt. of India as an industrial dispute for adjudication by this Tribunal. The claim of the Petitioners for reinstatement in service with back wages, conti- nuity of service and ail other attendant and conse- quential benefits are fully justified and they are entitled to said relief as the action of the Respon- dent in refusing employment is not at ail justified. Hence, this Hon'ble Tribunal may be pleased to pass an award accordingly.
6. The averments of the II Party/Management International Airport Authority oc India in their Counter Statement for ail thèse three cases in common are briefly as follows :
The International Airport Authority of India has ceased to exist in view of the Airport Autho- rity of India Act and the authority is now known as Airport Authority of India (International Air- ports Division). Originally the work of îoading and unloading of cargo in the International Air- port of Madras was done by a private company M/s. Air Freight Pvt. Ltd. pursuant to agreement dated 30-01-1978. On 19-9-85 the contract bet- ween the Airport Authority and the M/s. Air Freight Pvt. Ltd. was terminated and for a short time, the Airport Authority took over the func- tion of Ioading and unloading of cargo and ail the workmen of M/s. Air Freight Pvt. Ltd. were engaged by Airport Authority on casual daily basis. On 4-11-1985 Air Freight Workers Union filed Writ Pétition No. 11684 of 1985 before the Hon'ble High Court to direct the Airport Autho- rity to employ them and not to recruit outsiders. During the pendency of this Writ Pétition, nego- tiations took place between the Airport Authority and Air Freight Workers Union. Pursuant to those negotiations, it was decided that the work- men would form a Co-operative Society and the contract for Ioading and unloading of cargo at Madras Airport will be awarded to that Co- operative Society for some time. Accordingly, a mémo was filed before the High Court and by an order dated 12-12-1985, Writ Pétition No. 11684 of 1985 was disposed of by recording the mémo- rartdum obserying that "the workmen would be During 1984, when thèse Petitioners were emp- loyed in the said M/s. Air Feright Pvt. Ltd., they wcre implicated in a-criminal case by the manage- ment of M/s. Air Freight Pvt. Ltd. alkging that they hâve apsaulted the Manager of the said compcny. The cri minai case was pending before the Judicial Magistrate's Court at Madras. When the workmen of M/s. Air Freight Pvt. Ltd. through their Union filed the Writ Pétition referred earlier for régularisation and absorption, the names of thèse Petitioners were included in the list of the workmen. However, due to the pendency of the criminal case, thèse Petitioners were not allowed to join duty as casuals as olher workmen and were also not allowed to become the members of the Co-operative Society formed later. Thèse Petitioners hâve been making repeated représen- tation to the Co-operative Society to enroll them as members and to provide them with work. Ail those efforts of thèse Petitioners had been in vain. However, the Petitioners were assured that they will be made as members of the society as and when the criminal case is disposed of in their favour. On 17-7-91 the criminal case foisted against the Petitioners ended in clear acquittai and immediately thereafter they approached the Airport Tndustrial Co-operative Service Society Ltd. to enrol them as members and to provide them with employment in the International Air- port Authority of India. The Spécial Officer of the Society permitted thèse Petitioners to join as members after verifying the records about their pievious employment with M/s. Air Freight Pvt. Ltd. After becoming members of the said Co- operative Society, the said Society wrote a letter to the International Airport Authority of India to provide employment to thèse Petitioners along with the other workmen. The Deputy General Manager (Cargo) of International Airport Autho- rity of Tndia refused to provide employment to thèse Petitioners stating that the names of thèse Petitioners are not found in the list furnished by the said M/s. Air Freight Pvt. Ltd. initially. When thèse Petitioners produced proof to show that they employed in M/s. Air Freight Pvt. Ltd., the said officiais said that since thèse Petitioners were involved in a criminal case, they cannot be provided employment in International Airport Authority of India. Ail the efforts taken by the Petitioners to get back to employment in Inter- national Airport Authority of India through the Co-operative Society proved futile. They were driven from pillar to post by the Airport Autho- rity of Tndia without work. Thus, the non- employment of thèse Petitioners had been caused by the Respondent. The Airport Industrial Co- operative Service Society has enrolled thèse Peti- tioners as members and when they were sponsored1162 THE GAZETTE OF 1NDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)] accommodated as far as possible except by way of regular employaient, til! the contract is awarded to the co-operative society formed by the work- men." In Mardi, 1986, the Air Freight Workers Union filcd Writ Pétition No. 5164 of 1986 to direct the Airport Authority to hand over the functions of ground handling to the Society and during the pendency of this Writ Pétition, an agreement was entered into between the Society, which was formée! by workmen known as Airport Industrial Co-operative Service Society Ltd. and the Management of Airport 1er loading and un- loading of cargo- The contract dated 14-7-86 was extended from time to tirne and the last such extension was made on 21-5-1992. That contract was renewed for three years w.e.f. 1-9-1990 to 31-8-1993. In the meanwhile, a new union was formed namely the International Air Cargo Workers Union and this union filed W.P. No. 9110 of 1989 in July, 1989 to direct the Airport Authority to grant service security to wcrkrnen and to treat them on par with regular workmen. This Writ Pétition was dismissed on 18-12-1989 directing the Union to resort to the remedy under Industrial Disputes Act. But on 25-5-1990 the Centrai Govt, refused to refer the dispute for adjudication. The said refusai was challenged in Writ Pétition No. 10719 of 1990. In view of the expiry of the earlier contract en 19-11-90, the Airport Authority invited fresh tenders frem contractors and the Union filed Writ Pétition No. 18560 of 1990. to puash the tender notice. That was also dismissed on 6-12-90 and the Writ Appeal No. 1266 of 1990 filed was also dismissed by Division Bench on 3-1-91. The Writ Pétition No. 10719 of 1990 which challenged the refusai to refer the dispute was allowed on 26-3-91 and the Central Govt. was directed to reconsider the matter. Accordingly the Central Government has eventually referred this matter for adjudica- tion. During the pendency of this dispute, the contract was renewed for three years till 31-8-1993. On 27-7-93 a fresh Mémorandum of Understan- ding was entered into between the Airport Autho- rity and the Society for a period of three years from 1-9-1993. On the basis of that Mémoran- dum, ail pending disputes, writ pétitions filed by the Union had to be withdrawn. But they did not implement the terms of the mémorandum. On 20-12-93 a notice was issued by Airport Authority of India to the Society to implement the agreement. On 27-12-93 the Society repudiated the agreement and thereafter in January, 1994 the Union filed Writ Pétition No. 273 of 1994 in which they sought for an injunction restraining the Airport Authority of India from inviting fresh tenders for the work of loading and unlcading of cargo at the airport. It was dismissed on 22-6-94
and also confrrmed by the Division Bench of High Court. Thereafter I.D. No. 65/91 was taken up for trial and by an Award dated 24-12-94, relief was granted to the workmen and a direction was issued to régularise their services. Aggrieved by the said Award, the Management filed W.P. 6126 of 95 and the High Court by an order dated 17-12-97 allowed the Writ Pétition and quashed the Award on certain terms and conditions. A Writ Appeal filed as W.A. No. 544/98 is pending. From the facts stated above and from the terms of the référence itseif, it is seen that the workmen of the Society are not the workmen of the Airport Authority and in fact their claim is for absorption as workmen of the Airport Authority. The Peti- tioners were employées of M/s. Air Freight Pvt. Ltd., which prior to 1985 was the contracter for loading and unloading of cargo. A criminal case was filed against thèse Petitioners by M/s. Air Freight Pvt. Ltd. regarding some assault committed by thèse Petitioners. Subsequently, the service of thèse Petitioners were terminated by the said M/s. Air Freight Pvt. Ltd. following departmental enquiry. Hence, even at the time when the contract with M/s. Air Freight Pvt. Ltd. was terminated in November, 1985 thèse peti- tioners were not the employées of M/s. Air Freight Pvt. Ltd. There was no employer and employée relationship between the Petitioners and the Air- port Authority and therefore, there could not be any industrial dispute between the Petitioners and the Airport Authority. At no point of time, the Petitioners were employed by the Airport Autho- rity. In fact, they were employed by M/s. Air Freight Pvt. Ltd. Hence, on acquittai from the criminal case, the petitioners can only seek reins- tatement against M/s. Air Freight Pvt. Ltd. and cannot seek relief against the Airport Authority. The demand for provision of employment w.e.f. 23-11-92 cannot be a subject matter of an indus trial dispute between the Petitioners and Airport Authority. Under the terms of the contract between the Airport Authority and the Society, the Airport Authority of India has a right to permit any particular person from being employed in the contract and if the Airport Authority forbids any person from being emp- loyed by the contractor namely the Society, that cannot be a subject matter of industrial dispute between the concerned workman and the Airport Authority. The rights of the parties hâve to be workedout only in terms of the agreement. In terms of the agreement, the Society may be in a position to raise a dispute against the Airport Authority which can be referred for arbitratien according to the provisions of the agreement. However, the refusai on the part of the Management cannnot1163 210 GI/2002—441164 THE GAZETTE OF INDIA : FEDRUARY 2, 2002/MAGHA 13, 1923 [PART II—SIX. ."-(a)] filed a case in the Higli Court of Madras as a Writ Pétition subséquent to tlie ternrnation of contract of M/s. Air Freiglit Pvt. Ltd. It is his admission that when the Airport Industrial Co-operativc Service Society was formed on 1-7-1986 thess Pctitioners were not members in that Society and lie lias pro- duced a receipt Ex. W-8 dated 26-10-89 to show that he has joined thaï Society as a member.
9. The learned coun-.el for the Petitioners would argue that prior to the terininution of the contract between M/s. Air Freight Pvt. L.td. and Internationa] Airport Authority of India on 19-9-1985, the services of thèse Petitioners werc terminated on a charge of assault and the Criminal Case foisted against thèse Petitioners was ended ;n acquitta] on !7-7-1991 and as per the consent order passée! in Writ Pétition by the Ffigh Court, the workmen had to form a Co- opérative Society and a contract for doing ground handling work of the cargo in the cargo complex in Madras Airport was given to Airport lndustiial Co- opérative Service Society. Though thèse Petitioners were not entolled in 1989 and Ihe Spécial Officer of that Society ga\e letter of authority to the Petitioners to work as loaders in the cargo complex as employées of the contractor. Airport Industrial Co-operative Service Society, the Respondent/Management refused to allow them to work as loaders and he would further contend that the Society is the naine lender and not the contractor and thèse Petitioners were not parties in the earlier industrial dispute in which the Tribunal passed the award directing the Respondent/Manage- ment to take the workmen in April, 1984 and the Writ Pétition filed by the Management 'vas allowed and the award was quashed against which Writ Appeal is pending before the Division Bench of the High Court of Madra*. He would further contend that in 1999 Govt. of India notification was issued to abolish loading and unloading work in the cargo complex of the Airport by contractual workers and the work is perennial in nature holds good and that the Respondent's déniai of employment for thèse Petitioners for no valid and acceptable reasons should not be accepted and when thèse Petitioners became members and authorised by the Co-operative Society, the Rer-pondent'Management cannot deny them employment and (lie alleged contract between the Society and International Airport Authority of India is only a sham and nominal and as per the Suprême Court judgement, such sham and nominal contracts should not be recosnised. Hence, an award may be passed ho'ding that the action of the Management in refus ing employment to thèse Peti- tioneis as unjustified.
Lid. and that contract between tiieir e i r p 't ;u V ,c Air Freight Pvt. Ltd. and înferm'hc .nal Airpcrt Authority vS India was termirated in Ni.veii'lxr, 1985 and Lhc Petitioners themseKc:, bave admitud in the Claim Statenients Unit since a criminal cast was pending against them they were not allowed to je in duty as casusls like ether workmen and a!so they were not allowed to hecome members cf the Co- operative Scciety formed later. WW-1 has alsr. admitted in his évidence in the Chicf E^arranaîk P. itself that during 1984 they were issued charge sheet for an oP'ence of assault of the Manager Mr. Mariât! as and after conducting domestic enquir} they were dismissed from service by M's. Air Freight pvt. Ltd. their empl^yf r. But this has net been stated in their Claim Statenients. He would further contend that after thèse Petitioners were dismissed frem sen ce after due enquiry for their miseonduct by their envp- loyer M/s. Air Freight Pvt. Ltd. there was no con- nection between thèse Petiticners and their employer M/s. Air Freight Pvt. Ltd. This has been ckcily pleaded in the Counter Statement in para 14. Frc m this, it is scen that admittedly the Petitioners were net employées of M/s. Air Freifht Pvt. Ltd. when (hoir contract with the Respendent was termirated in November, 1985. Ex. M-l is the typer1 ce py cf the agrée ment regard ing greund handling agency ai Air Cargo Coriipiex, Madras between Internatif nal Air- port Authority cf India and M/s. Air Freight Pvt. Ltd. Ex. M-2 is the typed copy cf the litter dated J9-9-1985 sent by International Airpert Authority cf India to the General Manager. M/s. Air Freight pvt Ltd. infcrmiiig about the terminatien cf the ce "tract. In the i:ontrac't under Ex. M-I there is clause "No. iO stating that 'the autherity shall be al libei ty to pei mit the employment of any person who it may cersider undesirable'. This has been clea.rly stated in the Counter Statement < f the Respe ndent as gn ur.d No. (d) in para 15. Ex. M-3 is the typed cepy cf the affidavit filed by the Sécrétary ef Air Freight Workers Unicn in W.P. No. 11683 cf 1985 in Madras High Court. At that time, thèse Petitirners weic not the members of that Union. Acccrding to Ex. W-8 WW-1 became the member cf the Union cnly in ]989. Ex. M-25 is the xerex copy cf the Award passed by the Industrial Tribunal. Tamil Nadu en 24-12-1994 in l.D. No. 65/91, wherein a relief has been granted directing the Ist Respondent Inter- national Airport Authrrity cf India te a b s ub tbat members of the Petiticner Unicn stated in the ar.ne- xure except the members who expired and mernbers who left the service acccrding to senicrity and requirements of the Ist Respondent. It is adinifted that names of thèse Petiticners were nrt mfxit'cncd in the annexure. Ex. M-26 is the order prssed by the Higb Court in W.P. No. 6126/95 datcd 15-12-97 wherein Ihe Award passed by the TiibunaJ jn 10. The learned ce unsel for the Respcnrient would contend tbat admittedly thèse workmen had worked under the contacte r M/s. Air Freight Pvt.
1165LD. No. 65/91 was quashcd. Against which a Writ Àppeal is pending. Ex. M-27 is the xerex copy of the Ministry of Labour Nctificaticn dated 16-11-99 published in the Gazette of India dated 16-11-99.
H. The learned counsel for the Respendent would further contend that in the earlier Writ Péti- tion itself the High Court has decided that the centract between M/s. Air Freight ?vt. Ltd. and International Airpcrt Authority of India cannot, by any means said to be a contract which was meant as smoke screen to hide the reality of employer employée re- lationship as between the workers employed in cargo cornplex of International Airport Authority cf India.. So the contention cf the learned counsel for the Respondent that it is cnly a sham and nominal can- not be correct. In that Writ Pétition itself, the High Court has held that it was not the intention of the International Airport Authority of India that anyone who was admitted as member cf the Society wculd become eîigible to werk in the cargo cemplex. Though the number cf workmen who had been employed by M/s. Air Freight Pvt. Ltd. was said to be about 100, the contract between the Society and the International Airport Authority cf fndia provided for employment of not more than 70 workmen in the cargo complex by the Scciety. Under Ex. M-27 notification cargo handling i.e. loading and unlcading cargo hâve been prohibrted by employment of con- tract labour in the jobs of the Airpcrt Authority of India with effect from the date of publication cf ihe Notification. Further in the Claim Statement it is not pleaded that the agrée ment between the Inter- national Airport Authcricy of India and M/s. Air Freight Pvt. Ltd. is sham and nominal. Under such circumstanoes, the Petitioner cannet hâve a right to claim employment under the Respcndent/M'anage- ment who are o'nly erstwhile contract labourers.
12. On perusal cf the records available on either side, it is seen that the arguments advanced by the karned counsel for the Respendent can be accepted as conect. So, under such circumstances, the Péti- tion ers cannot claim to hâve a right to be employed by the Respondent/Management as they prayed for. Thus, the point is answered accordingly.
13. in the resuit, a commen Award K passed holding that the relief prayed for by thèse Petiticners against the Respondent/Management cannet be granted as they are not entitled for the said relief. No Cost.
(Dictated to the Stencgrapher. transcribed and typed by him, cerrected and prenouneed by me in the open court on this day the 6th December. 2001).
K. KARTHIKEYÀN, Presiding Officcr Witncsses Examined in I.D. Ne s. 382, 383 ard 384/ 2001 :
For the 1 party/ WW-! Sri P. Sathiateelan Wcrkman.
For the II Party/ None
Management.
Documents Marked in LD. Ne. 382/2001 : Fer the I Party/Workman :—
Ex. No. Date Description
W-l Nil Xerox copy of the identification
card.
W-2 29-10-80 Xerox cepy cf the appeintment order issued by M/s. Air Freight Pvt. Ltd.
W-3 16-02-81 Xercx ccry cf the order con- firming the services cf the Peti- tiener by M/s. Air Freight Pvt. Ltd.
W-4 25-02-82 Xercx cepy cf the crder gran- ting incrément to the Petitiener by M/s. Air Freight ?vt. Ltd. W-5 14-03-83 Xercx copy cf the crder gran- ting incrément to the Petiticner by M/s. Air Freight Pvt. Ltd. W-6 20-09-83 Xerox copy of the crder re designating the Petiticner by M/s. Air Freight Pvt. Ltd. W-7 21-02-84 Xercx. cepy cf the order gran- ting incrément to the petiticner by M/s. Air Freight Pvt. Ltd. W-8 29-08-91 Xercx copy of the letter frem the Petiticner to Chief Minister of Tamilnadu.
W-9 09-07-92 Xercx cepy cf the letter frem the Petitioner to General Manager, District Indusiries Centre.
W-10 22-10-92 Xercx cepy cf the letter from the General Manager, District Industries Centre to the Res- nrndent
Documents Marked in I.D. No. 383/2001 : For the I Party/Wcrkman : —
Ex. No. Dae Description
W-l 11-12-81 Xerox cepy cf the appointaient order of the Petiticner issued by M/s. Air Freight Pvt. Ltd. W-2 10-03-82 Xercx copy cf the letter from M/s. Air Freight Pvt. Ltd. to the Petitioner.
W-3 21-02-84 Xerox copy cf the letter from M/s. Air Freight Pvt. Ltd. to the Petiticner.
1166 T HE G A Z E T TE OF TNDTA : F ErJ RU \ RY 2: 2(;0?/MACFTA 13. 1923 [PART I T —S I C. 3 ( n )]Des- riptiY n Ba'e
Da'o
Dc-ci:plit n Ex. No.
17-07-91
W-4
Xeirx Ci p) cflJic judgcr^tni cf the Judicul Magistiric, Saicla- pa in C.C. Nt . 69(.U f \1'
W-5
Xerox copy cf the leiter frein RespoP.dcnt te Petit''-oa.
.11-11-92
W-6
Xerex copy rfthe le Mer frem the Airpcrt Indn>trial Cï- operafive Sceietyto Rrbpcndenl. 23-11-92
W-7
Xerox cepy of the leiier from fhe Rcspondept U- the Spécial Oflîcer. Airpcrt jndibtiiai Co- opérative Sccicty.
26-10-89
W-8
Origh'.ai Bill No. 12 front Air- port Sridustrial Cc-cpeiati\e Society 1er Rs. 51/- te the Petit ic ne \
Documents Murkcd in l.D. No. 384,2001 : For the I Party/Workman :—
Ex. No. DaU;
Deserip "
Xerox ivpy cf the identifitatii.n curé.
01-02-78
W-2
Xerox ce py of the arpoiûtrueiit créer is*ued by M/s. Air Freight Pvt. Llci.
04-10-78
W-3
Xcrc x cepy cf the cieitr et n- fïrming the seivicts of the peti- tioner by M la. Air Freight Pvt. Ltd.
21 02-84
W-4
Xerox copy cf the créer gian- t''ng incrément to the Pétitioncr by M/s. Air Fre-'ght Pvt. Ltd. 17-07-91
W-5
Xerc x CL py of the judgemeni cf the Judjcial Magistrale. Saida- pctinC.C. No. 690 cf 1989. 22-10-91
W-6
Xercx copy oï the leUer from Respondcnt to Pttitioner. 21-11-92
W-7
Xero\ copy of the letter fie ni the Airpcrt Indusfria! Cc- eperative Sr ciety to the Respcn- dent.
23-11-92
W-8
Xerox copy of the lct'er frein RespcndePi to the Spécial Officer, Airpcrt Industnal Co- opérative Se ciu>.
Common Documents markf-ri for the H Part y/ Management in I. Ds. 382, 3S3 and 384 200 i : —
Description
Ex. No. Dat3
M 1 Jan.1978 Xerox copy of the agreement between IAA1 and VTA. Air Froicht Pvt. Ltd.
E". N •
M 2
I')-O9-;S5 XCI"OA C'.^py of the ie.ter from ÏAAÏ u M/s. Air Ficiglit Pvt. Ud. resarling tcriiination of rontrac'.
Oï-!!-85
M 3
X>T'-.\ ''cpy of the afïiHavit fi!ed by M,s. Air Freight Workers Union in W.P. No. 116S3 ei~ 1985.
LJ-12-85
M 4
Xen>\ copy ol" the oïd.er passée m W.P. 11683/85.
01-07-8.)
M 5
X.rro\ "."opy of the a^reemsnt bîtwecn 2iid Rosponclent and JAAS.
02-07-86
M 6
XriT, s. c- j>y of the créer pai--.ee in VV. P. No. 5164/86.
i 4-07-86
IV 7
XCÎV x i opy of the a^reement f'r iiceiifc for Providing load' rs-t;an-paekers in Air Cui^o Cojupk-x in Madras Aii'port.
11-12-87
M 8
Xerox eof))' of ihe terras & conditions settled Bi.'LV.'iVH ïAAI and, Airport îudusi.r:al Cô-opv/ittive Soeii.'ty.
M 9 Jitly. S9 Xerox eopy of the uHidavit arid pétition fiied by i.ie Petitioner i. W.P. No. 9110 of 1989.
07-12-89
M 10
Xerox topy o( the letter f oin the Govt. of liidia, Labour Mim\li'y d. -cliri1 g to refef the d'sputc for adjudic.iiioti. 18-12-89
M i :
Xt :CK copy of the OAier pavsed in W. P. No. 9110 89.
M 12 Dec. 1990 Xero*. eop/ of ihe afficiavit and pétition fiied by ihe Pditio.ier in W. P. No. 18560 of 1990.
M 13 06-12-^0 XoK)\ co,"y of -iie oiûer passed : . W. P. 185bi)/90.
Xerox co.;>y s'n the order passée t).Uil-9;
M 14
•it: W. A.'!766 90.
2J-03-91
M 1:'<
\ j r ox eopy o/ iii>..- ord.-r passée! i.i W. P. 10719 ')0.
29-01-92
M 16
Xerox copy" of the Mémo- randum of Unaer^U'iidinp:.. 27-07-93
M 17
Xerox copy of the Mémo- randum of Unéerstanding Arrivée between 1AAF and 2p.d Re.-.ponJ :nt.
1167M 18 20-12-93 Xerox copy of the letter written by IAAI to the 2nd Res- pondent.
M 19 27-12-93 Xerox copy of the letter written by the 2nd Respon- dent to 1ÀAL
M 20 22-06-94 Xerox copy of the order passed
in W. P. No. 273/94.
M 21 27-06-94 Xerox copy of the order passed
i.i W. A. 800/94.
M 22 Mardi, 93 Xerox copy of Ihe Cl :.im fJtate- ment filed by Union In t. D.
No. 65/91.
M 23 AugUbt, 93 Xerox copy of the Counter Statement filed by the IAAI in I. D. No. 65/91.
M 24 Nil Xerox copy of the written
subrnission filed by IAAI.
M 25 23-12-94 Xerox copy of the impunged
Awdrd.
M 26 15-12-97 Xerox copy of the order passed
in W. P. No. 6126/95.
M 27 16-11-99 Xerox copy of the Notifi-
cation.
New Delhi, the 2r.d January, 2002 S. O. 3?8.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publisb.es the Award of the Cent. Govt. Industrial. Tribunal-cum- Labour Court, Chennai as shown in the Annexure, in the industrial dispute between the emp'oyers in relation to the The General Manager, Burn Standard Company Ltd., and their worlanen, received by the Central Government on 02-01-2002.
[Nu. L-29012/168/199
B. M. DAVID, Ua
ANNEXURE
BEFORE THE CENTRAL GOVT. INDUSTRIAL TRI8UNAL-CUM-LA.BOUR COURT,
CHENNAI
Monday, the 24th December. 2001 Présent : K. KARTH1KEYAN, Presiding Oflicer
INDUSTRIAL DISPUTE NO. 117/2001 (Tamii Nadu State Iudustrial Tribunal I D No. 77/99) (IB the mat ter of the dispute for adjuediation 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 P Duruisamy and the Management of M/s Burn Standard Co Ltd., Salem)
BETWEEN
Sri P Duraiaarny : I Farty/Workman
AND
The General Manager II Parîy/Management M/s. Burn Standard Co Ltd.,, Salem Appearance :
For the Workman M/s Row & Raddy
Mr. S. Vaidyanathaiii Advocates
For the Management M/s T. S. Gopalan & Co.,
Advocaîes
The Govt of înd>a= Ministry of Labour in exercise of powers conferred by cause (d) of sub-section (1) and sub-section 2(A) of Section 10 of lndustria! Dispute Act, 1947 (14 of 1947), heve referred the concerned Industrial Dispute for adjudication vide Order No. L-29012/168/98-IR (M) dated 20-04-1999.
This référence has been. made eai'lier to the TamU Nadu State Industria.1 Tribunal, where it was taken on fije as I- D. No, 77/99, Wfccn the matter was pendiag erjquiry in th.it Tribunal, the Govt. of InO.ia, Ministry of Labour was p'eased to order tracsfer of îhis case Irom that Tribunal to ihis Tribuual for adjudication On receipt of recoids from thaï Tribunal, the case lias been taken on file as L D_ No. 1] 7/2001 and notices werc sent to the counse! on record on eJÉher side, ioforming thein about the transler of this case to this Tribunal, with a direction to appear betora this Tribunal on 31-01-2001. On receipt of notice from this Tribunal, counse? on either si de présent with their respective parties and prosecuîed this case furiher,
When the matter came up before me for final haar'ag on 03-12-2031- US'JOG perusiug the C'aim Statement, Countor ->:> . ' n ' i, the cHicrl;c>8 T HE G A Z E T IE OF I N DTA : F E C R U A RY 2, 2 0 0 2 / M A G HA 13, 1923 [FART I I —S I C. 3(;i)J matcr.HI papcrs on record, lha documcr'avN rvidrîicr Kîl nu eifiier sicio, upon hearins the arguiijO'iis oi loïïrou.' counîi i on eiUicr side î'nd îhis ma (.ter lun'inj; stood over tiïï tbîs date for con-.Mi"ration, uu\ TIJ!
AWARD
The Industriel Dispute referrec to in the ahove oi'vier ol référence hy the Central Govt- for ;:dj ud'c^ijoi: by this Ir;bu.:si is ef- l'oJJows :—
1165d a n ce C I H Ï; j cb i nd f or " < •' cr;y i i rd r c c e i v ed Enquiry Oiicer are p;rvcr3; an 1 on* sîded, .: The domestic i.nquiry conduoted by the Enquiry Offi'.vr is a fasce one and i:> îiable to be set aside. The Enqairy Office h as faiied to note that the corn- plaint is based on as:,uinptSon and the charge hrs been framed b.:cau*c there was discrepancy in the mi-r-tcr re?I of ASJ mine-;. The extrême punishernrt of dismissal from service is highly disproportionné. Il K prayed that this Hon'ble Tribun;;! niay be pieased to interfère under Section MA of the Industilal Disputes Act ard to hokl that the àKinissnl of the Petiticner is riot justified and conscque-.il ly direct the Rcspondent/Manage- ment to i-iinsta'.e the Pstitioner in service w.e.f. 19-2-98 with ail back wages, continuity of service and other attendant ber.eiîis.
wages for 38 days when he h ad not worked. After issuanec of C!KTJ_>C shect for the niis-.-oniuct of the Pctiliopvr or dishoncsly io connection with the compiny's business and fa'npcnni with the attendance record and no* >at<,fying with the expiant" tien given by the Petitioner, a domestic enquiry was conducted and on the b,?.sis of the findings given h y the Enqi'iry QiTL-;r, second show cause notice was given to t^e Pctiiioner and after considering the Pctitioner's repiesen- tation orders were pas::^d by th ; Respondent/ Management by di.;missi:ig the Petitioner from service. The charge of misconduct proved agai ist the Petitioner was so grave which warrant ;d the extrême punishment of dismiasal. The Res- pO'ident had taken into account the past record of the service of the Petitioner before proposing the punishment of dismissai in the second show cause notice. The punishmtnt of dismissal cannot be said to be execeisive or harsh, There is no scope to interfère with the punishme.it by this Tribunal under Section 11A of the Fndiiîtria! Disputes Act. Hence. an award upholding the dismissa! of the Petitioner and rejecting the cl ai m of the Petitioner may be passed.
5_ When the matter v.n? taken up for enquiry two documents on the suie of the Peîifioner as Ex. Wl and W2 and J9 documents on the side of the Respoodent ss Ex Ml to MIS wee marked by con- sent of the counse! on sitlier side. No witress bas beec exaraiuud OR cither side The karned counsel on e'thcr side hâve adv-inced their respective argu- ments.
6 The Points foi1 my considi-r^tioc is —
"Whehter the action of the Management of M/s. Butn Standard Co Ltd, Salem in dismissing Shri P.- Duraispany Sis We'der fïen service w,e-f 19-02-199S is i usiiiifd or not? Jf noi io what relief th,u workman h ertit'ed?"
Point :—
The Respondent M/s Burn Standard Co Ltd., 4. The Re
a Govl- of India Undertaking having its Head Office at Ca'cut+a vith works at vai'ioas places induding one at Suramang^Jam near Salem li: has got. Magnesitc Mines and factory. There are two miocs one ea'Jed as Red Hills Mipcs and another caled as A S. Jagu Mines. Each mine and factory of the Respondent which is at a distance of one kilomètre from A-S.Jagir Mines maintains s^pa- ratc muster roli and pay l'ol) and the mines of workman who are borne on the muster roi] and pay roH of the respective estab'ishemcnt wi'l romain evon whe.n they are deployed to other establishments Whcne\er a workman is deputed for work from one establishment!'7O 1Ï-ÏH GAZKiTii Ol: JNDJA : FEBRUARY 2, 2002/MAGHA J3. 1023 [PAIU JI—SI-C. 3 ( J * )I TO'! of A. S. Jp.gh Mines Then they verified the mus- ter rail of A.S Jagir Mines, Red Hi'ls Mines and job ciTtl from January, 1997 The invesîiga'ion revea'ed t>a! behveen 01-01-1997 to 30-06-1997, the Petifioner forgxi the initiai of the foreman in the atfendancc- cum-job eard for 38 days and received wages for 38 days when he had nof worked The Re.spondent/ Management bad isvued a charge shee' dated ÎO-08-97, cha.-3 hoidins; that the charge levi-Hed1171 against the Petitioner hâve been proved by the Res- pondent/Management in the doraestic enquiry. The xerox copy of his report is Ex. M14. The perusal of the entire enquiry proceedings Ex. M13 and the En- quiry Officer's report Ex. Ml4 reveal that the Peti- tioner has been given proper and fair opportuunity by the Enquiry Officer in the doraestic enquiry to défend himself effeclively and the Petitioner was assis- ted by his co-employee in the domostic enquiry ail through as his defence représentative and the Enquiry Officer has conducted the enquiry following the princi- bles of natural justice by providing sufficient opportu- nity to the delinquent employée to défend himself in the domestic enquiry against the charges levelled against him. The learned counsel for the Petitioner has also argued that the domestic enquiry conducted by the management is not disputed with regard to its fairness, properness and adopting the principles of natural justice. It is not necessary for this Tribunal to go into the question of validity of the domestic enquiry.
7. It is the contention of the Petitioner in his Claim Statement that though the management side witnesses hâve not specifically proved the guilt of the Petitioner, the Enquiry Officer gave finding that the charges are proved. He would further contend from the évidence of management witnesses it is very clear that A. S. Jagir Mines is maintaining exclusive atten- dance register for the work of Petitioner at Mines and the job card contains both the number of days of work worked in A. S. Jagir Mines and in other places like factory, carriage which is the prime docu- ment for marking the attendance and payment of salary by R. H. Autos and that every chance of dis- crepancy in the muster roll of A. S. Jagir Mines and his job card. No handwriting expert was examined inspite of the spécifie question put in by the Peti- tioner in the domestic enquiry. Ignoring ail the aspects and the évidence of the Petitioner, the Enquiry Officer has given his finding. Thèse averments in the Claim Statement of the Petitioner hâve been denied in the Counter Statement of the II Party/Manage- ment/Respondent. It is clearly averred in the Counter Statement the procédure that is adopted for payment of wages to lent labourers and the entries that are made in the muster roll maintained by the establish- ments. That procédural methods adopted by the Respondent/Management has not been disputed as incorrect by the Petitioner. It is the definite case of the Respondent in their Counter Statement that as the attendance-cum-job card was in the custody of the Petitioner when he was not on duty. There was ample scope for him to forge the initiais of the fore- man and the forgery came to light when the entries in the muster roll of the A. S. Jagir Mines did not correspond to the entries found in the attendance- cum-job card and that on the basis of such forged
iniais, the Petitioner has received 38 days wages, when he had not worked from January, 1997 to June, 1997. According to the Petitioner, he had worked ail 38 days but the Clerk has not entered in the muster roi!. It is the fact that his name was not found in the muster roll for 38 days maintained in A. S. Jagir Mines. For this sufficient oral and documentary évidence hâve been let in by the Manage- ment before the Enquiry Officer who conducted the - domestic enquiry. The perusal of the Ex. M-13 enquiry proceedings and Ex. M-14 Enquiry Officer's report, clearly shows that sufficient légal évidence has been let in by the Management in the domestic enquiry to prove the charge levelled against the Petitioner. Ex. M-4 is the attendance-cum-job card issued by the Respondent to the Petitioner for the period January, 1997 to June, 1997. Ex. M-5 is the pay slip issued to the Petitioner by the Respondent for the period January, 1997 to June, 1997. Ex. M-6 is the muster roll and attendance register for the period from January, 1997 to June 1997 regarding A. S. Jagir Mines and R. H. Auto section. Thèse documentary évidences and the supportive oral évi- dence of the management witnesses clearly prove that the charge levelled against the Petitioner under Ex. M-7 has been proved. From this it is seen that there is a prima-facie évidence to conclude that, as it has been done by the Enquiry Officer in his report, the Petitioner has got the monetary benefits for the days he had not worked in the A. S. Jagir Mines on the basis of the forged initiais in his attendance-cum- job card. That act of forgery has been clearly detailed in page 6 of the Enquiry Officer's report Ex. M-14. On the basis of the findings of the Enquiry Officer in his report, the 2nd show cause notice was issued to the Petitioner dated 27-1-98 under Ex. M-l 5. The Petitioner has submitted his explanation for the 2nd show cause notice. The xerox copy of the same is Ex. M-l6. Then the Deputy General Manager of the Respondent/Management as the Disciplinary Authority has passed an order of dismissal from service dated 19-2-98. The xerox copy of the same is Ex. M-l 7. From that order it is seen that the Disciplinary Authority after considering the entire records, the explanation given by the Petitioner for the 2nd show cause notice and the past record of service of the Petitioner along with the entire enquiry proceedings and Enquiry Officer's report carefully and had corne to the conclusion that it is not proper to keep the Petitioner any more in service of the Respondent and has decided to dismiss from service permanenuy. Merely because the disputed initiais mentioncd in the Petitfoner's attenda"nce-cutn-job card hâve not been proved as forged one by hand- writing experts évidence, it cannot be said that they hâve not been forged upon. There is sufficient évi- dence available in this case both oral and documen- tary to show that the Petitioner remained absent on 210 GII2002—45.
1172 T HE GAZETTE OF INDJA : FEBRUARY 2, 2002/MAG1IA 13 1923 IPART IT-Swr "Uimthose 38 days and vvithout workinf for those 38 day^. wages havc been paid to him on the basis of the dis- puted initiais avoilablc in his attendance-cum-job card. Thereby the Petitioner ha3 got the monetary benefits by deceitful mea.is by a fraudulent act of tampering with records and thereby made the Res- pondent/Management belie\e it to be true and acted upon it by paying him wages for 38 days the days lie had not turned up for work. This amounts :o cheating. tampering of records and using that tam- percd documents as genuine to gct monetary benefits. So, it has to be considered as a grave misconduct committed by the Petit ioncr. So. from this it is seen that the chaiges levelled against the Petitioner hâve been proved by the Respendent/Managemenl mainly based on the documentary évidence. Hère in this Tribunal also, the Petitioner has not chosen to go into the box to give évidence in support of the contents in lus Clairn Statement. Under such cir- cumstances, it cannot be said that the charge ha-. been foisted against the Petitioner by the Respon- dent/Management.
8. In view of the gravity of the misconduct proved against the Petitioner, the Respondent/Management under its final order Ex. M-17 imposed the punish- ment of dismissal of the Petitioner from service, it cannot be said to be excessive or harsh or shockingly disproportionate to the gravity of the misconduct. So, under such circumstances. there is no scope for this Tribunal to interfère with the punishment even under the powers to this Tribunal under Section 11A of Industrial Disputes Act. 1947. Hence, it can be concluded that the action of Respondent/Manage- ment M/s. Burn Standard Co. Ltd., Salem, in dis- missing Sri P. Durai"amy, Senior Wclder from service w.e.f. 19-02-1998 is justifiée and the concerned work- man is not entitled for any relief. Thus, the point is answered accordingly.
9. In the resuit, an Award is passed holding that the action of the Management of M/s. Burn Standard Co. Ltd.. Salem in dismissing Sri P. Duraiwsamy, Senior Welder from service with effect from 19-02-1998 is justified and the concerned workman is not entitled for any relief. INo Cost.
(Dictated to the Sienographer, transcribed and typed by him, corrected and pronounced by me in the open court on this day the 24th December. 2001.) K. KARTHIKEYAN. Presiding Officer Witnesses Examincd : On either side : Nc'ne. D O C U M E N TS M A R K ED : For l party/Workman :
Descriptirn
Date
Ex. N O.
04-06-92
"WI
Xercx copy cf the Ittter cf appréciâtien Reward given by the Respondent/Management to the Petitioner.
Ex. No. Date
Dc-criptk n
W2
30-J1-94 X e r cx cepy cf the lctttr cf appréciation Reward given by the Respondcnt/Managcmuit to the Petitioner.
For the II Party/Management :
Ml
04-08-97 Xerox cepy cf the report given by D. K. Mukherjee, Asstt. Manager. Mechanical to Mines Manager and Chief Manager.
M 2
04-08-97 Xerox ci py cf the report given by Mr. Pcrumal to Mines Manager.
M 3
04-0S-97 Xercx copy cf report given by Sri A. Shanmugam and Siva- lingam to Mines Manager.
M4
Nil
Xerox copy cf the attendance- cum-jcb caul issued by Rts- pendent/Management to 1 Party 6 nos. for the p e r kd January t." June, 1997.
M5
Nil
Xercx copy cf the pay slip issued to I Party by the il Party for the peried January to June. 1997.
Nil
M 6
Xerox copy cf rnuster rcll and attendance register fer Januaiy, 1997 to June, L997 regarding A.S.J. Mines ar.d F. H. Auto section.
! 0-08-97
M7
Xerox copy cf charge sheet issued to the Petitic ner by Res- pondent/Management aie r.g with suspension order.
27-08-97
M8
Xercx copy of the reply given by the petitioner to the charge sheet.
26-09-97
M 9
Xerrx copy of the letter fre m Petiticner to Resprndent/Mana- gement calling for documents.
M10 24-09-97 Xerox copy of the letter from Petitioner to Respondent/Mana- - gement requesting to send initial cf himself and superviser to handwriting expert fer véri- fication.
11-12-97
MU
Xerox copy of notice cf enquiry issued by the Respor.dcnt to the Petitioner for 19-12-97.
19-12-97
M12
Xerox cepy cf the letter fre m the Petitioner te Enquiry Officer.
1173Ex. No. Date Description Ml 3' 29-09-971 03-10-97 | 08-10-97 | 09-10-97 ] 14-10-97 | 16-10-97 y Xerox copy of the enquiry 29-10-97 j proceedings. 31-10-97 | 03-11-97 | 27-11-97 | 19-12-97 J
M14 24-01-98 Xerox cepy cf the enquiry
report.
Ml5 27-01-98 Xerox copy of the 2nd ?hcw cause notice issued to the Pet- tioner/Wcrkman.
M16 17-02-98 Xerox cepy of the reply given by the Petitioner/Wcrkman to Management:
Ml7 19-02-98 Xerox copy of the order of dismissal
M18 18-05-98 Xerox co py Of the appeal prel-
ferred by Petitioner to Appe- late Authority.
Ml9 15-06-98 Xerox copy of the order passed by Appellate Authcrity cenfir- ming the Final order.
"Whether the action of the management of Hindustan Copper Ltd. Khetri Copper Complex, Khetri, in dismissing the services of Shri Gugan Singh S/o Shri Prabhati Ram, Helper, on the basis of the charge sheet filed by the police in the court of Addl. CJM, Khetri wherein the worker was acquitted later on and against the service rules and principle of natural justice was justified ? ff not, to what relief the workman is entitled and from what date ?" New Delhi, the 2nd January, 2002
S.O. 329.—In pursuance of Section 17 of the Jndustrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the award of the Central Gcvernment Industrial Tribunal-cum-Labcur Court, Jaipur (Rajasthan) as shcwn in the Annexure in the industrial dispute between the empkyeis in relation to the Hindustan Copper Ltd., Khetri Ccp- per Complex and their workmen. received by the Central Government on 02-01-2002.
[No. L-43012/U/99-IR (M)] B. M. DAVID, Under Secy.
1174 THE GAZETTE OF IMDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)] 1175New Delhi, the 2nd January, 2002
S.O. 330.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 cf 1947), the Central Government hereby publishes the award of the Central Government Industrial Tribunal, Jaipur as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of Chandmari Copper Project and their workman, which was received by the Central Government on 2-1-2002.
[No. L-43011/2/95-lR(M)] B. M. DAVID, Under Secy.
1 îTo ÏHE G A Z E T TE OF I N D IA : F E B R U A RY 2, 2 0 0 2 / M A G HA 13. 1923 | P A RI I I — S c r. 3 ( î i )|Shri Anill Kiynar
23. Shri Sajj;ui Kuma. Kedia.
Sl-.ii Br.dh Ram
"Whether the aefion of fi:c management of Chandamari Copper Project, Chandamari h jusd'fifd in nol regulari-ing the hervices of the following 24 workmen employed as casual helpers ? If net, to what relief thèse workmen are enfitled ?"'
!. Shri Bishambar Bhargava
0 Shri Mahardra Kumar
3. Shri Norang Lai
Shri Jai Dayal
4.
Shri Mali Ram
5.
Shri Kailash Chandra
u.
Shri Birdu Ram
7.
Shri Radhey Shyam
8.
9 Shri Shîv Pra.^id
'. Shri Ajit Kumar
1(1
. Shri Ram S^varoop
31
. Shri Raj Ki'.raar
12
i. Shri Jai Sinch
12
14 . Shri Braham Swarup
•. Shri Surebh Kumar
15
16 . Shri Gopa! Shai-ma
. Shri Ranii-sh Kumar
17
;. Shri S'.'.'-esh Ku'r.nr Sharma
18
. Shri Dinesh Kum^r Sharma
19
. Shri Nanti Kishore
20
. Shri Iriunadu-idin
211177 1178 THE GAZETTE ( 3F INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART H—SEC. 3(ii)] 1179 ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR
COURT, CHENNAT
Friday, the 21 st December, 2001
PRESENT : K. Karbjkeyan, Presiding Officer
INDUSTRIAL DISPUTE NO. 548/2001
(Tamil Nadu State Industrial Tribunal ].D. No.
154/98)
(In the matter cf the dispute fer adjudication under clause (d) cf sub-sectien ( 1) and sub-sectien 2(A) cf Section 10 cf the Industrial Disputes Act, 1947 (14 cf 1947) between the Wcrkman Sri V. Sugardanan and the Management of Air India Madras Terminal).
BETWEEN
Sri V. Sugardanan I Party/Wcrkman
AND
The Régional Directe r Air India, Madras Terminal. Il Party/Management
APPEARANCE :
Fer the Workman : M/s. Row & Reddy &
S. Vaidyanathan, Advccates.
For the Management : M/s. S. Ramasubramaniam
& Associates, AdvOcates
The Govt. of India, Ministry cf Labeur in exer- cise cf pewers conferred by clause (d) cf sub-section (1) and sub-section 2(A) cf Section 10 cf Industrial Dispute Act, 1947 (14 of 1947), hâve referred the concernée! Industrial Dispute for adjudication vide Order No. L-11012/02/98-IR (C-I) dated 7-12-1998.
New Delhi, the 2nd January, 2002
S.O. 33!.—In pursuatice cf Section 17 cf the Tndustrial Dispute Act, 1947 (14 cf 1947), Ihe Cential Government hereby publishes the award cf the Central Government Irdustrial Tribunal, Chennai as shown in the Annexure in the Industrial Dispute between the emplcyers in relaticn to the management of Air Tndia and their wcrkman, whichwas received by the Central Government en 31-12-2001.
[No. L-11012/02/98-IR (C-T) ]
This référence has been made earlier to the Tamil Nadu State Industrial Tribunal, where it was taktn on file as I.D. No. 154/98. Wlien the matter was pending enquiry in that Tribunal, the Govt. of India, Ministry of Labeur was pleased to crder transfer of this case from that Tribunal to this Tribunal for adjudication. On receipt cf records frem that Tribunal, the case has been taken en file as T.D. No. 548/2001 and notices were sent to the counsel on record ou either side, inferming thtm abeut the transfer c f this case to this Tribunal, with a direction to appear befere this Tribunal en 12-03-2001. On receipt of notice from this Tribunal, ccunsel on either side présent with their respective parties and prose- cuted this case further.
S. S. GUPTA, Under Sccy.
210 GII2002—46.
H80 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PARI II—SEC. 3fii)]When the matter came up beferc rae fer final hearing on 19-11-2001. upon perusing the Claim Statement, Countcr Statement, the ether matcrial papers on record, the dccunienlary evidtr.ee let in en either side and upen hearing the arguments of learned counsel en either side and this matter having stoedover till this date fer censideratien, this Tribunal
Vas passed the followmg :—
AWARD
The Fndustrial Dispute referred to in the above order of référence by the Central Govt. fer adjudi- cation by this Tribunal is as follows:—
"Whether the action of the Management of Air India in terminating the services of Shri V. Sugardanan Ex-Sec urity Guard w.e.f. 15-3-96 is légal and justified. If not, to what relief the workman is entitled ?'"
2. The facts of this industrial dispute in brief are
as follows :—
charge sheet dated 7-10-94 was issued to the Petitioner for the alleged miscenduct cemmitted by him under the provisions of Modcl Standing Orders (Ceiural). The Petitioner was called upon to submit his explanaticn in writiiig fer the charge sheet. Accord ingly, the Petiticner has submitted his explanation dated 17-10-94. Since the compétent atithority was not satisfied with the explanation an enquiry committee was cons- tituted to go into that détails of the charges levelled against the Petitioner. On receipt of notice of enquiry, the Petiticner appeared befere the enquiry committee. Befere the commence- ment of the enquiry preceedings, the Petitioner was informed about the procédures of the enquiry and the documents which sheuld be taken ei> record as exhibits in the enquiry and a copies of the exhibits were handed over to the Petiticner,, In the domestic enquiry conducted by the censti- tuted enquiry committee, the Petiticner teck paît in the enquiry with his defence ccunsel Ihrcugh- out the proceedings. The Respondent'Manage- ment examined Mr. S. Kolekar, Assistant Manager (Security), Chennai, Mr. J. Rajaraman, Chief Trafîic Assistant, Mr. K. R. Narayaran. Sr. Traffic Assistant, Mr. M. P. Gcpal, Security Officer as Management witnesses. The Petiticner himself has been examined on his side as a defence witness. The enquiry committee hâve indicated during the preceedings to the defence ccunsel to make their own arrangement fer bringing Mr. R. B. Singh, Security Officer as a defence wit- ness. The enquiry committee made attempt to bring Mr. Jacob Chandy, Customers Service Assistant of British Airways on 10-7-95. Though initially he promised to appear before the enquiry com- mittee, he failed to appear. The Petitioner was not maintained a good record of service during his tenure in Air India and he was subjected to disciplinary proceertings for his riotous and dis- orderly behaviour in 1992 and was awarded punishment of stoppage of incrément for a period of onc year. Apart from examining 4 witnesses on the side of the Management in the enquiry 13 documents were marked as exhibits. The Petitioner cross examined the Management wit- nesses. On completion of the enquiry, the en- quiry committee submitted its report to the Com- pétent Authority, Air India at Mumbai, holding the charges levelled against the Petitioner were proved and hc was found guilty of the same. The copy of the enquiry committee's report was forwarded to the Petitioner for his comments. On the basis of the report and flndings of the enquiry committee and other relevant documents the Compétent Authority after issuing second show cause notice to the Petitioner awarded the pt-nish.
The I Party/Workman Mr. V- Sugardanan St. No. 22737 (hereinafter refers to as Petiticner) was appointed as a Security Guard cf the IT Party/ Management. Air India Corporation (hereinafter refers to a" Respcndent) at Chennai Airpcrt w.e.f. 20-12-1990. Subsequently, the Petiticner was confirmed from 1-7-1991. The Respcndent has entered into a bilatéral centract that when a passenger/cargo aircraft lands at the Cherrai Airport the staff of the Respendent co-ordinate w'th the staff cf the cencerned Airlines in leading and unlcading cargo and the luggage cf the passengers. The Petiticner had reported rcr duty at 14.00 hrs. en 23-9-94 in the 2nd shift at Airport Madras. At about 20.30 hrs. cn 23-9-94 the Petitioner went to Aercbridge of plane No. 31 when the British Airlines fljght was in the precess of departure. He gained access to the head sets of British Airlmes while he was in the Aerobridge. Thèse head sets numbering 42 in quantity and 4 empty water bottle were put in two shopping bags of ITDC by the Petitioner. After semetime, while he was leaving the passenger terminal, International Wing, he was accosted initially by Mr. R. B- Singh, Securi y Officer and thereafter by Mr. S. Kolekar, Assistant Manager (Security), Madras. Thereupcn two panchas the Air India staff at Airpert Madras were called and the panchanama was drawn al the Security Office located in the passenger terminal building by Mr. S. Kolekar. He also recerded the statement of the Petitioner. For his involvement in a pilfe- rage of British Airlines 42 head sets and 4 empty water Dottles, the Petitioner was placed under suspension pending enquiry w.e.f. 4-10-94 anda djsciplinary action was initiated against him.A1181 ment of dismissal from services. Thon the Res- pondent/Air India Management filed Approval Application before the Industrial Tribunal of Mumbai seeking approval of the dismissal order passed by Compétent Authority and the same was approved by an order datcd 5-9-96. The Peti- tioner was given subsistence allowance as appli- cable to him.
3. The Petitioner has raised this industrial dispute challenging the action of the Respondent/Manage- ment by dismiss ing him from service by an order dated 17-1-96 w.e.f. 15-3-96. Earlier he raised the dispute before the conciliating authority, the Assis- tant Labour Commissioner (Central), Chennai. Having found no conciliation was arrived at, the conciliating authority submitted a failure of conci- liation report to the Govt. of Tndia, which in turn refers this dispute for adjudication by this Tribunal.
4. The point for my considération is :
"Whether the action of the Management of A.ir India in terminaûng the services of Shri V. Sugardanan, Ex-Secv.rity Guard w.e.f. 15-3-96 is légal and justified ? If no4 to what relief the workman is entitled ?"
Point :
complaint from the British Airlines about the loss of 42 head sets and the 4 empty water bottles The Petitioner was forced to sign the confession statement dictated by Mr. Kolekar. The non-examination of Mr. R. B. Singh in the enquiry as a witness vitiate the enquiry, since it has caused great préjudice to the Petitioner. The Enquiry Officer failed to take note of the fact that Mr. Jacob Chandy from British Air- ways who agreed to corne and give évidence with regard to value of 42 head sets did not corne as those articles do not fetch any value. The Management ought to hâve paid one month wages simullaneously with the dismissal order but filed an approval pétition as per Section 33 of the l.D. Act. The non-comp- liance of the statutory provision would vitiate the dismissal order. The Pelitioner is entitled to full wages till the statutory requirement is complied with. As per the Standing Orders, the Petitioner is entitled to 100% subsistence allowance afier the period of six months from the date of suspension. The non- payment of subsistence allowance as per Section 10 of Tamil Nadu Industrial Establishment Standing Orders Act, 1946 would vitiate the domestic enquiry and the dismissal order. Hence, it is prayed that this Hon'ble Tribunal may bs pleased to interfère with the quantum of punishment imposed under Section 11A of Industrial Disputes Act and this Hon'ble Court may be pleased to set aside the order of dismissal by the Respondent/Management against the Petitioner and consequently direct the Respon- dent/Management to reinstate the Petitioner with back wages, continuity of service and other attendant benefits.
The Petitioner has contended in his Clairrt State- ment that on 23-9-94 he was apprehended within the Airport premises being in possession of 42 head sets of British Airways which was being carried out by him for handing over to the security officiai which is situated in the old airport about one kilometer away, while he was waiting for transport with certain items (found by him in a ditch bags near aircraft), to go to old airport to hand over the items to Security Manager. The real intention of the Petitioner is to hand over the items directly to the Security Manager, so that he will be rewarded as he had a fear of the junior staff, if approached will claim crédit and reward as happened in the earlier case. The Peti- tioner gave a detailed explanation to the charge sheet dated 7-10-94 issued to him for an alleged mis- conduct stating that he had no intention to take the head sets which was taken from the dustbin and he was taking that to be handed over to the Security Manager. The Security Officer Mr. Kolekar called two panchanamas and in their présence, and the Petitioner had to write a statement to the dictation of the Security Officer and he signed the same, on the assurance that no action will be taken against him in this regard. The Management conducted a farce of an enquiry and during the enquiry, the Petitioner requested the enquiry committee that the Security Officer Mr. R. B. Singh should be examined as he was aware of the full facts, thoiïgh he was not cited as a wilncss in the domestic enquiry. Therc was no
5. The Respondent/Management refutiug the averments in the Claim Statement would contend that the Petitioner has fully participated in the enquiry proceedings along with his defence counsel when the misconduct for which the Petitioner was charge sheeted were proved in the enquiry b> adducing évidence on the side of the Respondent/Management. The enquiry committee after carcfully considering the évidence placed by both the parties concluded that the charges levelled against the Petitioner were proved. Thereafter the Compétent Authority after following the procédure passed the order of dismissal on 17-01-95. He has awarded the punishment of dismissal only after going through the past record of the Peiitioner. The Petitioner was given subsistence allowance as applicable to him. Considering the nature of dismissal of the Respondent particularly dealing with foreign airlines and carefully considering the gravity of the misconduct proved in the enquiry, the Compétent Authority passed an order of the dismissal. The post held by the Petitioner had boen one of trust and confidence which allows free entry into the Airport and access to thé landing way and1182 THE GAZETTE OF TNBIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)] thcrefore, the charges proved iii the enq.'.iry againvv the Petitioncr capnot bc iaken lightly. The Pctitiorcr has committed a serions misconduct of theil or d.'vs- honesty in connection with the employer's business or property. Hence, Ihc Tribunal may be pluased to dismiss the claim pétition,
6. From the perusal of the records, and the dci.u- ments marked y s Exhibits on eithei' side, H is ?ecn that so lar as the domestic enquiry conducted by the Respondenî/Management against the Petitioner thi'ough an appointed enquiry comraittce for the charges leveJled against the Petitioner, the Petitioner has no compiainl gbojt the vdidity of the domestic enquiry. Ex. M6 is the \erox copy ot the explarcation dated 3-10-95 submitted by the Petitioner for second show cause notice dated 26-9-95 issued by the Security Office, Santacruz, Bombay to the Petitioner. The xerox copy of chat second show cause notice is Ex. M5. Under this second show cause notice the Senior Security Manager has inforued the Petitioncr that ne had gone through the îeport of the enquiry corn- mittee carefully and concurred with it's findings and since the misconduct committed by him is serious in nature, and he as a Security Guard himself involved in a thefc case, he is of the considered opinion thaï the ends of justified wi.'I be met, if the punishment ol dismissal is imposed on him in accordance with the provisions of Model Standing Orders (Centra! Rules). He has also directed the Petitioner in that 2nd show cause notice that if the Petitioncr wishes to make any représentation regarding the proposed punishment. he may do so within seven days of the receipt of that letter. Along v\ith the 2nd show cause notice a copy of the enquiry comrnittcc report was enclosed for his perusal. For this 2nd show cause notice i:nder Ex. M5, the Petitioner has submitted his exp'anaîion under Ex, M6-. la that expianatiom the Fetitionei has stated as foHows :
"Though I hâve no grouse or compîaint on the proceedings of the enquiry commiîtee, which in my opinion; was clone \ery fairJy, systemati- caJ.ly, ju'rtifiably and to the en ire satisfaction, ï only feel that I ara t'ound guijty only because of my inability to convince the convenor cf my true and sincère action and beeause of circum stances beyond my control"
From this staternent of the Petitioner under Ex. M6: it is seen that he had nothing to rai se as objection with regard to the faimess of the enquiry conducted by the appoinœd enquiry commi ^ee. Bu., unly m the présent Claim Statcment, he has alleged that the Respcndcnt/Managern.nt had croducted ïarce of an enquiry,. From th's il is seen tbat it is only an afterthought of the Petitioner and it is incorrect
1183exercising its discrétion unde* Section 11A of the Industrial Disputes Act.
8. The leamed counsel for the Respondent lias argued that the value of the property involved in this case is immaterial when considering the theft as an act of misconduct committed by the workman fur awarding punishment by the compétent authority. He relied upon a case reported as 2001 3 LLN 1153 decided by the Hon'ble Madras High Court bstween R. Manoharan and the Presiding Officer, Salem, wherein it was held that "the amount misapprop- riated is only Rs. 3.75 is irrelevant what is to be borne in mind is the action of the delinquent resulting in loss of revenue to the corporation and theoider of dismissal is fair". The learned counsel has cited another case reported as (2000) 7 SCC 517 decided by the Suprême Court of India between Janatha Bazar and Others and Scccretary, Sahakari Nov- karana Sangha and Others. In that case, the Hon'ble Suprême Court has held that "discrétion of employer exercised in imposing penalty after mis- conduct proved in the domestic enquiry cannot b; substituted by the Labour Court for a lesser punish- ment by showing uncalled foi sympathy and to direct the Respondent/Management to reinstate the emp- loyée in service." It is further held by the Suprême Court in that case that, "once an act of misappro- priation is proved may be for a small or large amount, there is no question of showing uncalled for sympathy and reinstating the employée in service." In another case relied upon by the learned counsel for Respondent/Management, AIR 1975 SC 2025, between Ruston and Hornsby (I) Ltd. and T. V. Kadam the Suprême Court has held that "on the basis of the facts set out there could be no doubt that the charge is one of an attempt to steal the company's property, the Respondent being a watch- man the charge is a serious one and if it was held proved, he deserves nothing short of dismissal. In yet another case he relied, which is reported as 1980 1 LLJ 475 between G. Gopalakrishna Mills Ltd. & Another and Labour Court and Another, it is held by the Hon'ble Madras High Court, that, the length of service of workman is not relevant in imposition of punishment for proved misconduct. If a worker has put in longer service it cannot be taken licenced to commit rrisconduct. Leniency in the matter of pmishment can only dépend on t he nature of mis- conduct and not on the question whether the work- man is married or not and whether he has put in a particular period of service." AU thèse judgements relied upon by the learned counsel for the Respon- dent/Management are quite applicable to the facts of this case. So, the Petitioner cannot plead that his length of service put in, the Respondent/Manage- ment have taken into consideratio i for taking u not amount to theft, fraud or dishonesty in connec- tion with the employer's business or property. But he has not stated so in his earlier explanation under Ex. M6. It is also his contention that his statement before the Panchas under Ex. Ml was obtained by coercion by Assistant Manager (Security), Mr. Kolekar. For this contention, except his version in the Claim Statement there is no substantial évi- dence on his side. It is his further contention that there was no complaint from the British Airways about the loss of the head sets. It is not his conten- tion that those head sets recovered from him under panchanama Ex. Ml do not belong to the British Airways. It is aîso not his contention that those articles were not seized from him by the As-istant Manager (Security) Mr. Kolekar as stated in Ex. Wl Panchanama. Merely because there was no comp- laint from British Airways it cannot be said that one such incident has been foisted on the Petitioner by the Respondent/Management. From the available records, it is seen that in the domestic enquiry con- ducted by the Repondent/Management through the appointed enquiry committee, the charge levclled against the Petitioner has been amply proved by légal évidence and on that basis the enquiry committee has arrived at a proper conclusion after evaluating the oral and documentary évidence and the mateiials on record that the charges levclled against the Peti- tioner has been prcved and that the Compétent Authority, after considering ail the materials on record and the explanation given by the Petitioner for the 2nd show cause notice had imposed punish- ment of removing the Petitioner from service. It is also in the order dated 17-1-96 under Ex. W8 that the Senior Security Manager who passed the order hâve gone through the service records and found that there were adverse remarks against him for mis- behaviour, drunkenness on duty, unduly behaviour absenteeism for which he has been punished. The xerox copy of the past record and the action taken by the Management on his earlier misconduct hâve been filed as documents on the side of the Manage- ment. Ail thèse things hâve not been disputed by the Petitioner. The Petitioner as a Security Guard employed in the Respondent/Management is expected to protect the interest of Respondent/Management. Considering the nature of the business of the Respon- dent particularly dealing witli the foreign airlines and considering the gravity of nature of misconduct proved in the enquiry, the order of dismissal passed by the Compétent Authority cannot be held to be disproportionate to the proved misconduct, since the post held by the Petitioner as a Security Guard has been one of trust and confidence. Under such cir- cumstanecs, the order of dismissal passed by Res- pondent/Management for the proved misconduct nced not be called for any interférence by this Tribunal by1184 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 |PART II—SEC. 3(ii)]
Ex. No.
lcnicnt \icw for iniposing punis liment for the provod miscenduct." Undcr sueh circumstaiices, this Tri- bunal can easily corne to tlie conclusion that the action of the Respondent/Management of Air India in terminating the services of Sri V. Sugardanan, Ex. Security Guard w.e.f. 15-3-1996 is légal and justified and henec, the Petitioncr/Workman is not entitlcd to any reiief he claimed in the Claim Statement. Thns, the point is answered accordingly.
9. In the resuit, an Award is passed holding that the action of the Management of Air India in termi- nating the services of Sri V. Sugardanan, Ex. Security Guard w.e.f. 15-3-1996 is légal and justified and the concerner workman is not einitled to any relief. TMo Cost.
(Dictated to the Stenographer, transcribed and typed by him, corrected and pronounced by me in the open court on this day the 2(st Djcemb^r, 2001).
K. KARTH1KEYAN, Proiding Officer Witnesses Examined : On either side Noue DOCUMENTS MARKED: For I Party/Workman :
Date
Description
Ex. No.
WI
Nil
Xerox copy of panchanama of four witnesses.
04-10-94
VV2
Xerox copy of suspension order.
Xerox copy of charge sheet.
W3 07-10-94
37-10-94
W4
Xerox copy of the letter from the Petitioner to the Senior Security Manager. Bombay.
W5 Ml
Xerox copy of enquiry proce- edings.
\ il
W6
Xerox copy of the final state- ment made by the Defence couns;-! on behalf of the Peti- lioner before the enquiry com- mittee.
Xerox copy of enquiry report.
W7
Nil
17-01-96
W8
Xerox copy of order from the- Senior Security Manager to the Peiitioner.
L'J-03-95
W9
Xerox copy of leiter from the Management lo Petitioner. 25-05-97
W10
Xerox copy of letter from the Pelitioner to the Régional Lab- our Commissioner (Central), Chaînai.
Date
Description
Wll Nil
Xerox eopy of the letter from the Petitioner to the Manage- ment.
For the 11 Party/Management :
Ml
23-09-94 Xerox copy of explanation sub- mitted by the Petitioner along with typed copy.
M2
16-11-94 Xerox copy of letter from Secu- rity Officer to the Petitioner.
M3
13-12-94 Xerox copy of letter from the Convenor Enquiry Committee to the Petitioner.
M4
14-12-94 Xerox copy of letter from the Convenor Enquiry Committee ;o the Petitioner.
M5
26-09-95 Xerox copy of letter from the Security Officer to Petitioner.
M6 03-10-95 Xerox copy of letter from the Petitioner to Respondent/Mana- gement.
M7
15-03-96 Xerox copy of application under section 33{2)(b) of Industrial Disputes Act in the matter of référence NTB 1 of 1990 before the National Tribunal at Bom- bay.
M8
23-09-96 Xerox copy of order passed by National Industrial Tribunal in the Approval application No. NTB 13 of 1996.
New Delhi, the 4th January, 2002 S.O. 332.—In pursuance of Section 17 of the Industrial Dispute Act. 1947 (14 of 1947), the Central Government hereby pubîishes the award (Réf. No. 145/1993) of the Central Government Industrial Tribunal 2, Dhanbad as shown in the Annexure in1185 2. The case of the concerned workmen according
to îhe W.S. is as follows :
the Industrial Dispute between the employers in relation to (he management of BCCL and their work- raan, which was received by the Central Government on 31-12-2001.
[No. L-20012/62/91-IR(C-D] S. S. GUPTA, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT
TNDUSTRIAL TRIBUNAL (NO. 2) AT
DHANBAD
PRESENT
Shri B. Biswas, Presiding Officcr.
In the matter of an Industrial Dispute under Section
10(l)(d) of the ID. Act, 1947.
REFERENCE NO. 145 OF 1993
Parties : Empioyers in relation to the management of Bhowra Coke Plant of M/s. BCCL and their workman.
APPEARANCES :
On behalf of the employers : Shri H. Nath,
Advocate.
One behalf of the workman : None. State : Jharkhand Industry : Coke Plant
Dated, Dhanbad, the 12th December, 2001.
AWARD
The Govt. of India, Ministry of Labour, in exer- cise of the powers conferred on them under Section 10(l)(d)ofthel.D. Act, 1947 has referred the follow- ing dispute to this Tribunal for adjudication vide their Order No. L-20012/62/91-I.R.(Coal-l), dated, the 16th August, 1993.
THE SCHEDULE
"Whether the action of the management of Bhowra Coke Plant of M/s. BCCL in denying employment to the following eight persons who were working in Lai Bungalow at Mohulbani is justified? If not, to what relief are thèse persons entitled?"
Name of Workmen
1. Shri Kedar Prasad,
Sècurity Incharge.
2. Shri Shiv Narayan Ram, Guard.
3. Shri Ram Karan Yadav, Guard.
4. Shri Baneshwar Besfa, Guard.
The workmen submitted that Bhowra Coke Plant earlicr belongcd to M's. Bhowra Coke Comp- any and was situated on Bhowra (S) Colliery before its nationalisation with effect from 1-5-72 under the provisions of Coking Coal Mines (Nationalisa- tion) Act, 1972. Under the provisions of Section 3(B)(V) of the Coking Coai Mines (Nationalisation) Act. 1972 ail lands, buildings and equipraents belong- ing to the coke oven plant were also nationalised. The owner of the said Bhowra Coke Plant challenged the said Coke Coal Mines (Nationalisation), Act, 1972 but ultimately i.he said plant was taken over in ternis of the nationalisation Act by M/s. Bharat Coking Coal Ltd. in 1983. Accordingly îhe services of ail the employées therein were taken over by the said M/s. BCCL. The workmen submitted that Bhowra Coke Co. had a guest house at Mohalbani named as Lai Bunglow which was also taken over by M/s. BCCL. As such the owner of the said coke company challenged against taking over of the said guest house and for which it could not be taken over by the BCCL with effect from 1-5-72. Ultimaiely the said dispuîe was disposed of by the Court of law and the BCCL took over the said Lai Bunglow in 1988. The workmen submitted that they were the Regular employées of Lai Bunglow under Bhowra Coke Company in différent capacity namely Sècurity Guard, Mali, Cooks etc. But M/s. BCCL did not take over their services when they took possession of the said Lai Bunglow. Accordingly they raised an industrial dispute for their employment by BCCL but as BCCL refused to consider their demand in the conciliation proceeding and also as the Central Govt. refused to refer the industrial dispute for ad- judication under Section 10 of the I.D. Act they filed a Writ Pétition under Article 226 of the Constitution of India at Patna High Cour;, Ranchi Bench. The No. of the said Writ Pétition was CWJC 3428 of 1992 They submitted that Hon'ble High Court having bcen prima facie satisfled with Ihe claim of the workmen justified and the refusai of the Central Govt. to refer the dispute for adjudication illégal, directed the Central Govt. to make a référence under the provision of I.D. Act. They subnr'tted that the action of the employer in not taking them into their employment was illégal and unjustifïed motivated and arbitrary and violative of Articles 14, 16 and 21 of Constitution of India and for which they are entitled to get employment under BCCL with effect from the date Lai Bunglow was taken over with ail other bene- fvts and perquisites and full wages.
5. Shri Basu Mahato, Mali
6. Shri Népal Deval, Cook
7. Smt. Deval Ayah
8. Smt. Nilmani Sweeper.
3. The management on the contrary after filing W.S.-cum-reioinder hâve denied ail the claims and allégations which the concerned workmen asserted in their W.S. They submitted that as soon as Bhowra1186 THE GAZETTE OF INDIA : FEI3RUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)] Coke Plant was taken over, as per recommendation of the Screening Committee who were originally on the ro!l of Bhowra Coke Plant they took ovcr services of the employées who were under craployincnt there. They submitted tliat possession of Lai Bunglovv -vas taken over by the management of M/s. BCCL in the ycar 1988 as per Courfs décision. At the time of taking ever possession of the said Bunglovv none of the workman was engaged there. They further submitted that as none of the concerned workman's name was in the scheduie taking over their services did not arise a! ail. The screening Committing while verifying records of its ex-owners did not find any suc h name in ' he record. They further submitted that ail the listed employées as per report of its screen- ing committee were regularised in Company's roi! in the year 1983-84. Accordingly the management submitîed their prayer for rejecting the claim of the concerned workmen.
4. The points for décision in this référence
are :—
"Whether the action of the management of Bhowra Coke plant of M/s. BCCL in denying employment to !he eight perdons as named in the schedule to the order of référence who were working in Lai Bungalow at Mohulbani is justi- fied? If not, to what relief are thèse persons entitled?"
DECISION WITH REASONS
Pétition before the Hon'ble Hight Court, Patna and thereafter as per direction of the Hon'ble Patna High Court (Ranchi) Bench the Centra! Govt. ultimately made this référence. On the Contrary the manage- ment admitting the facts of taking over possession of the said Lai Bunglow in the year 1988 submitted that the concerned workmen were not at ail the employées of the said Bunglow at the time when it was taken over. They submitted that at the time of take over of the Bhowra Coke Plant a Screeding Committee was formed by the members who were originally on the roll of the said plant. They said Screening Committee made a list of the employées who at that time worked there. The management submitted further that as per recommendation of tne Screening Committee they took over the services of ail the employées of Bhowra Coke Plant. There was no scope to takc over the services of the concerned workmen their names were not found in the list prepared by the Screening Committee. Consider- ing the facts disclosed in the pleadings by both sides the moot point which has been cropped up hère is whether the concerned workmen were the employées of Bhowra Coke Plant while it was nationalised. According to the management^ Screening*Committee was formed by the Officers of Bhowra Coke Plant. Tt has been specifically mentioned that as per list prepared by the Screening Committee they took over services of ail the employées of the said plant. The claim of the concerned workmen could not be con- sidered as their names were not found in the said list. Naturally omis rests on the concerned work- men to show that they were regular employées of of Bhowra Coke Plant at that relevant time when it was nationalised and took over by the management. From the record it transpires that the concerned workmen were given several opportunités to es- tablish their claim. But inspite of getting several opportunités the concerned workmen hâve failed to adduce any évidence in support of tbeirjclaim. The pertinent question which has raised by the ma- nagement is that the concerned workmen were not the employées of Bhowra Coke Plant at that relevant time of nationalisation of the said plant. Consi- dring the record 1 hâve faild to find out an iota of évidence reiying on which the submission made by the mangement could be ignored. Untill and untill it is established that the concerned workmen were the employées under Bhowra Coke Plant at the time of its nationalisation there is no scope at a!l to consider their prayer.
6. After careful considération of ail the facts
and circumstances I hold that the concerned work-
men hâve failed to substantiate their claim properly.
As such at this juncture there is no scope to apply 5. Considering the pleadings of both sides 1 find no dispute to hold that originally Bhowra Coke Plant was owned by M/s. Bhowra Coke Company. It i" also clear that under the provision of Coke Coal Mines (Nationalisation) Act, 1972 the said Bhowra Coke Plant was nationalised with efiect from 1-5-72 and BCCL took over its charge. The contention of the concerned workmen is thaï under contiol of Bhowra Coke Plan there was one Ouest House at Mohalbani named Lai Bunglow and they were the regular employées there. They submitted that as soon as BCCL took over charge of the said Bhowra Coke Plan automaiically the said Bunglow came under their control but as the owner of Bhowra Coke Plant entered into a' litigation taking over possession of the said Bunglow was delayed and ultitnately by order of the Court M/s. BCCL took over the possession of the said Lai Bunglow in the mont h of November, 1988. They submitted that inspite of taking over of the said Lai Bunglow in the month of November, 1988 the management ignored about taking over their services under them. Ac- cordingly ihey raised an induslriai dispute but when the conciliation failed the présent référence was made to ihe Central Govt. but as the Central Govt. refused to make any référence for adjudication they under compelling circumstances submitted a Writ
the principles of natural justice in support of their1187 claim. Accordipgly the concerned workmen are not entitled to get any relief.
7. In the resuit, the following Award is ren- dered :—
"The action of the management of Bhowra Coke Plant of M/s. BCCL i.n denying employ- ment to the following eight persons who were working in Lai Bungalow at Mohulbani js justi- fied. Consequently, thèse persons are not en- titled to get any relief.
Ni
1. 2.
3.
Désignation Security Incharge. Guard. Guard.
4.
Guard. Mali.
5.
6.
ime of workmen. Shri Kedar Prasad Shri Shiv Narayan Ram Shri Ram Karan Yadav Shri Baneshwar Besfa Shri Basu Mahato. Shri Népal Deval, Smt. Deval
7.
8. Smt. Nilmanih
Cook. Ayay. Sweeper.
B. BISWAS, Presiding Officer New Delhi, the 4th January, 2002 S.O. 333.—In pursuance of Section 17 of the Induitrial Dispute Act, 1947 (14 of 1947). the Central Government hereby publishes the award (Réf. No. 41/1996) of the Central Government Industrial Tri- bunal 2, Dhanbad as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of BCCL and their workman, whiGh was received by the Central Government on 31-12-2001.
[No. L-2Q012/101/95-IR(C-I)] S. S. GUPTA, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) AT
pHANBAD
PRESENT
Shri B. Biswas, Presidins Officer.
2W Q*iMÔ2-^7,
In the matter of an Industrial dispute under Section 10(lXd) of the I.D. Act., 1947.
REFERENCE NO. 41 OF 1996 Parties : Employers in relation to the management of Sudamdih Incline Mines of M/s. BCCL and their workman.
APPEARANCES : On behalf of the workman : None. On behalf of the employers : Shri B. Joshi,
Advocate.
State : Jharkhand Industry: Coal.
Dated Dhanbad-, the lOth Dec, 2001.
AWARD
The Govt. of India, Ministry of Labour, in exer- cise of the powers conferred on them under Section 100)(d) of the I.D. Act., 1947 has referred the fol- lowing dispute to this Tribunal for adjudiction vide their Order No. L-20012/101/95-I.R.(Coal-I), dated, the 9th March, 1996.
SCHEDULE
"Whether the action of the management of Sudamdih Incline Mine or M/s. BCCL in dis- missing Shri Rooplal Manjhi, PRW, from the service w.e.f. 5-5-93 is justified? If not, to what relief the concerned workman is entitled?" 2. In this référence the wcrkman side cbstaired from appearing before this Tribunal and taking any steps, although the management side appeared through their learned advccate Shri B. Jcshi. There- after several notices were issued to the wcrkman side but inspite of the issuance of notices to them they did not consider necessary to appear befcre this Tribunal and taking any steps. It reveals frcm the record that the instant référence is pending sincearly part of 1996 and there is no reason to keep the same alive, any more. Under such circumstances, a 'No dispute' Award is rendered and the référence is dis- posed of on the basis of'No dispute' Award presum- ing non-existence o,f any industrial dispute between the parties, presently.
B. BISWAS, Presiding Officer1188 THE GAZETTE OP INDIA FEBRUARY 2, 2002/MAGHA 13, 1923 [PART H—SEC. 3(iï)] New Delhi, the 4th January, 2002
S.O. 334.—In pursuance cf Section 17 cf the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hereby publishes the award (Réf. No. 148/1989) cf the Central Government Industrial Tribunal I, Dhanbad as shcwn in the Annexure in the Industrial Dispute between the emplcyers in relation to the management of BCCL and their Wûrk- man, which was received by the Central Gcvernment on 31-12-2001.
[No. L-20012/198/89-IR(C-I)J
S. S. GUPTA, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. I, DHANBAD.
In the matter cf a référence uncier Sec. 10 (l);(d) (2A)
of the Industrial Disputes Act, 1947.
Référence No. 148 rf 1989.
Parties : Empk yers in relation to the management
cf Simlcng Colijery rf M/s. F.C. Ltd.
AND
Their Workmen.
Présent : Shri S. H. Kazmi,
Presiding Officer.
Appcarances ;
Fer the Emplcyers ; Shri B. Jo&hi, Adve cate. For the Workman ; Shri G. Prasad, AdvccaU,. State ; Jharkhand. Indu.stry : Ccal.
Dated, the 14th December, 2001.
AWARD
By Order No. L-20012/198/89-I.R.(Coal-I) datcd the 3rd November, 1989 the Central Gcvernment in the Ministry cf Labeur has, in exercise cf the p-:wers cenferred by clause (d) cf Sub-secticn (1) and Sub-sectùn (2A) cf Sectir P 10 cf the Industrial Disputes Act, 1947, referred the follewirg disr/ite for adjudication to this Tribunal :
"Whether the action of the management cf . Siralong Colliery of M/s. Eastern CcalÊcIds Limited in dismjssrng Shri Balram Rajak, At- tendance Cîerk, is justified? If net, to what relief the workman is eruitled te?"
B.C. Ltd. whereafter he had put in blameless and ïportless service to the en tire satisficatien cf ail the ;oncern. Subsequently the then Officer I/C Dumka Sub Area of M/s. Coal Mines Authcrity Ltd. issued a charge-sheet to the concerned werkman datcd 5-8-1975 alleging, interalia, thereinthat the cencerned workman connived with eight other cc-wcrkmcn working on différent pests in the said establishment, in theft and fraud etc. in the irregular sale cf 130 tonnes of coal from Simlcng cciliery valued at Rs. 7800 and further allégation was that they ail cbnniev- ed with over-reporting 60.25 tonnes of coal at Sim- long colliery. It has been said that the aforesfJd officer had no authority to issue the said chaige- sheet and that the concerned workman was rf'cr in the charge of sale of coal ncr it was a part of his duty to prépare and submit raising report. It has also been said that the charge-sheet issued was illégal, unjustified, malafide, baseless, incorrect, unfcunded and the same w^s issued with a malafide intention to victimise the concerned workman as he was eiis- liked by the officers cf the Sub Area being a member of the low caste. The concerned werkman and others refused to carry eut the unîawful insiructicns of the management who were on seme leck eut 1er some false excuse to get rid of the concerned wcrkiran and others and ccnsequently a false, fabricîfted, concocted, cooked up identical charge-sheets were issued to eight of the werkmen on 5-8-1975 alleging fherein that 22 trucks of ccal was stealthily scld in the night cf 28th February, 1975. Further the case is that the charge-sheet was issued after the alleged date of incident and during this peried messuremtnt of coal stock, raising register etc. were thcrcughly checked by the cfficial concerned and no shertage of coal was found and reported. During that perie d the colliery was regularly inspected by the efficer cf the Area and they feund the werk cf the werkmen satisfactory. It is submitted that ail the eight weik- men were suspended but no suspensien allcwance was paid and that the joint cemmen departmenial enquiry was conducted in gross viclaticn cf theprincj- ples of natural justice and the said enquiry was held in absence cf the cencerned workman and the ma- nagements* witnesses were not examined in présence cf the concerned workman and ethers and no epper- tunity was given to them to cross-examine these witnesses. Il is said that one F.I.R. was also le dged by the management against ail the werkmen pursuant to which criminal trial was held and upcn ccmple- tion of which the S.D.J.M., Pakur by his crder and judgement dated 5-7-86 acquitted ail the charge- sheeted workmen including the cencerned wcikrran. Immediately thereafter, it is said, that the cencerred workman reported fer duty but was net alh wed frr work by the management. It has been averred that when a criminal case was instituted against ail the afoxesaid worîcmen including the ccnceraêd wcrkcien 2. Precisery, the case of the concerned werkman is that he was einplcyed at the relevant peried as Altcndance Clcrk in Simlcng Cciliery new M/s.
1189the management was bound to wait till the outcome of said criminal case, but it did not wait and dismissed the wcrkman. The management hcwever, it is said, did not supply ccpy cf enquiry prcceedicg and enquiry report to the concerned workman.
The discrimination was also made in taking action against nine wcrkmeà cnly including the ccncerned wcrkmen and letting cthers to go scoot free who, infact, were having their ccmplicity in ihe alleged occurrence. Lastely it is said that dismissal cf the concerned workman with rétrospective effect is bad in law and further the said dismissal is. iLLegf.1 and unjustified.
wait for the same. Further the averment was made that the workman neither appealed against the ordet of dismissaj nor raised any industrial dispute over his dismissal before the appropriaîe authority under the provision of Iadustrial Disputes Acts 1947 during the span of 13 years and this shows that he accepted and reconciled with the legal> rightful" bonafide and justified action of the management, It was on!y after the judgement of criminaj trial court on the ground of benefit of doubt that he raised industrial dispute over his dismissal before the ALC.(C), Patna only in the month of September, 1988 on his wrong notion that his acquittai by criminal trial court conferred on him on rightful reinstatement in service. As such, further it is said, that the référence made by the Central Government after 14 years of dismissal of the workman is highJy beJated, deli- berate and against the judJcial pronouncement of the Hon'ble Suprême Court regarding over-stale claims.
In the rejoinder aîso most of the allégation made in the wi'itten statement of the workmen hâve been either controverted or denied and it has been men- tioned therein that the order of dismissal cannot hold to be bad on any ground whatsoever.
3. The management, en the ether fcand, has corne eut with the cast, as dislccsed in the written statement, that the ccncerned wcikman was per- ferming duties cf taking attendance cf workmen, recerding daily ccal raisieg (pre ductkn) and ccal sale. It is said that en 5-8-75 a charge-sheet was issued against the concerned workman with the allé- gations of theft/criminal breach of trust arsd irregular sale of 130 tonnes of. coa! from Simlong Colliery valued at Rs. 7,800 and further for over-reporting 60.25 tonnes of coal at Simlocg Colliery. It is said that those acts amount to serious misconduct undet Clause (a) & (b) of Sub-para (1) of Para 17 of the Model Standing Oîders for Industrial Establish- ments in Coal Mines.-, The concerned workman and others thereafter submitted their respectiwe explana- tion to the management denying the charges wbere- after domestic enquiry was ordered to be heîd and the same was held on différent dates during which the concerned workman alongwith others fully parti- cipated, cross-examined the witnesses of the manage* ment, led évidence of their defence witnesses and also got his own statement in his defence recorded by the Énquify Committeè. As such, free, ful'l, fair, and ail reasoriable' opportunities were given to ail the workmen foi' their defence in the departmental enquiry and they ail availed such opportunities. The Enquiry Committeè on completion. of eriquiry submitted its report which was based on facts and évidence as gathered ,by it in course of . enquiry. Whereafter considering the seriousness, of miscon- duct and àîso considering the fact that there was no extenuating considération in his favour the then, Asstt. General Manager having administrative jurisdic- tion, control and supervision of Simling Colliery decided to punish the. workmarî by wày of dismissal from service arid issued sunder his signature the dis- missal oïder. Further it has baen saîd that sinçe there being no relation with criminal offience under control and proven misconduct of this workman as held by "the Enquiry Committeè the management did not fecl it at ail necessary to Wait for )udgement of the criminal trial court and tak'e it independent dé- cision . Iî was, in no way, incurabent upon it to
4. It is évident by order passed earlier by my predocess or that the domestic enquiry Connecting to the présent case has already been held to be unfair and imprope? mainly due to non-produciion of oiiginal papers of domestic enquiry by the manage- ment which, it is said, ware not available and missing on account of Japse of long period. The only xerox copies of the same ware produced. It is fmther évident that after the aforesaid dsveîopment no fuïther évidence was adduced by the management excepting filing certified copy of order dated 8-3-1994 passed by the Hon'ble Patna High Court in CWJC No. 9140 of 1988. Submission on bchalf of the management is that alto^ether nins workmen includ- ing the concerned workman were proceedsd against and dismissed for same and simiJar charges where- after excepting the concerned workman rest ail of them moved the Hon'ble High Court against the oïder of dismissal taking ail the possible grounds which the concerned workman has taken herein. It is fut'ther submitted that the Hon'bîe High Court dismissed the said application by simply modifying the order of dismissa! to the extent of its retrospecti- vity. It.was order that the dismissal of those work- man will be effective from the date of order i.e. from 26-12-75 and noî from any eatJier date.- As such according to the submission-, since the claim of the concerned workman in the instant référença is identi- cal no* relief can be granted to him in view of the aforesaid Hon'ble High Court is judgement. On this aspect, from the side of the workman it has been1190 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)] urged that said judgement of Hon'ble High Court has DO binding eflfect as far as the concerned work- man is concerned- Further the contention is tbât onee the departmenta! enquny has alreâdy beën beld to be unfair and improper the sarae cànnot bé dis- turbed simply by taking note of tbe aforesaid judge- ment of Hon'ble High Court, It has âlsô been submitted that since the management has not pro- dueed any évidence after the aforesaid findîng of domestic enquiry, there is no option Jéft but to accept the claim of the concerned workman and tb ëxtend him tbe relief as prayed for,
5. Considering the aforesaid development and also in view of the submissions made on behalf of the respective sïdes, as noticed above, it is to be seen and consider whether the said judgement of Hon'ble High Court is simply required to be brushed aside and is not required to be looked into and relied for any purpose whatsoever or whether the same stiil has some bearing or sigciflcance as far as the claim of the concerned workman in the instant référence is concerned and also whether the same is necessarily requiied to be gone into while finally adjudicating upon the merit of the claim of the parties.
para 26 Of tbe written statement further it has been specifically mentioned that during the joint common departmental enquiry the concerned workrri'an and other côhcénied workmen were not âllowed to cross- exâmine the riiariagemen't's witnesses properly and evèh ât tinie whèn they put questions to the manage- ments witnesses, the Officer of the Enquiry Commit- tee stôpped the concerned workman ïrom askîng thôse questions statirtg that the questions Were riot relevant. In para 28 it has been stated that eight workmen were charge-sheèted separâtely for aft identical charges for theft, fraud or dishonesty ni connection with the emplôyer's gootls br prbprrety but the joint common enquiry wâs made in respect of the matters which were not connected wïfh the chargesheet issued to the concerned workman and so such a joint common enquiry caused serious pré- judice to the defence of the concerned workman. In the same para, further it- has been stated that the management adopted discriminatory policy and with a malafide intention to victimise the concerned work- man, lodged an F.I.R. agafrist the concerned Wofk- man and others whose names were mentioried therein. In para 30 of the written statement it has been men- tioned that S.D.J.M., Pakur by his ordér and judge- ment dated 5-7-86 acquitted ail the charge-shéetefl workmen including the concerned workman. In para 36 of the written statement it has been stated that the employer has already lodged F.I.R. with the police and the criminal case was also instituted against ail of us (concerned workmen), the employer was bound to wait till outeome of the criminal case, but the employer did not wait. In-para 37 it is rhentioned that the mangement did not supply cdpy of the en- quiry proceeding and the enquiry report to the con- cerned workman. Lastly in para 38 it has been mentioned that the approval of the compétent autho- rity was not obtained as provided under para 17(ii) of the Modal Standing Orders bèfore the workman concerned and others were dismissed.
From the aforesaid averments made in the written statement, as specifically noticed above, it becomes very much clear that even as per the case of the con- cerned workman the chargesheets were issued against, ail the aforesaid workman including the concerned workman for identical charges, they ail were put under suspension and then joint common departmental enquiry was conducted in gross violation of princi- ples of natural justice in as much as the said proceed- ing was conducted in absence of ail those workmen and further neither they were given opportunity to cross-examine the management's witnesses nor they were al/owed to lead évidence as well in their de- fence. Further as perf the averments joint enquiry report wàs submitted against them conséquent to which the order pf dismissal, was passe4 with ré- trospective effect. It is further clear from those 6. As it is incorporated in the chârge-sheët itseîf precisely the allégation against the concerned work- man is that be inconnivance with 8 othër co-workmah committed the theft etc. and put the management to a hùge loss of money. Now ît is partinent to find out as to what the concerned workman has state in his written statement about the charge-sheet, alléga- tions, and development in the deaprtmental proceed- ing against him as well as other eight workmen. In para 3 of the written ststemerit the riame of those 8 other workmen hâve been disclosed with whom the concerned workman was alleged to hâve connived. In para 9 it has been mentioned lhat the concerned workmen and others refuscd to carry out the unlawful instruction of the management who were on look out for some faise excuse to get rid of the concerned workman and others and so a false, concocted, cooked up and identical chargesheet were issued to eight of them on 5-8-1975. In para 12 it has been said that ail the charge-sheeted workmen were suspended but no suspension allowance was paid. In para 1*4 it has been stated that a Joint Common Departmental Enquiry into the charges levelled against the concern- ed workman and seven others who were charge" sheeted for an idential charge was conducted and then in para 17 of the written statement it has been stated that joint common departmental enquiry was conducted in gross violation of principles of natural justice and then in paras 18 and 19 of the written statement the averments hâve been made regarding holding of the enquiry in absence of the concerned workman and no opportunity was granted to them to cross-exmine trie management's witnesses. In1191 averments that a criminal case was instituted against ail t"f them for identical charges in whîéh fiïially they were acquittée sometime in the yeaf 1986. In short, it is difficult to gainer from the entiré âver- ments made ira writtën statement that the case of the concerned workman is distinguisable on faets from those other eight worknien who were jointly pro- ceeded against or the concerned workmaa has comc out with a distinct case with separâte facts, develop- ments and groûnds for challenging the order of dîs- missal.
this score. Upon the ground regarding non-supply of enquiry report, it held while referring to Hon'ble Suprême Court décision that the order of dismissal cannot be said to be illégal because of that reason. Upon the ground taken for reinstatement pursuant to the acquittai in a criminal case, the Hon'ble Court held that the disciplinary authority may not only décline to reinstate the persons if the dismissal is not based on conviction but also initiate the proçeed- ing relating to the said charges even after acquittai in the crirâinal case. However, as mentioned earlier also the Hon'ble Court modified the dismissal order only to the extent of its retrospectivity.
Besides the above 'ît appears that on the merits of tne casé and in support bf his claim the concerned worfcmàn has also depbsëd before the Court as WW-1. Significantîy in course bf his cross-examination upon the question being asked he has accepted it to be true that the chargesheet had been submitted against nine employées including himself and one Satnarain Bhàgat. He has further said that the enquiry was held againât ail the ninë workmen together. Âccord- ing to him, witnësses were examined in course of enquiry but they were not given the chance to cross- examine the witnësses prodùced "oh behàlf of the management. Fûrther acCording to him, hë and others were also not given opportUîiities fo give thëîr statement in course of the sàid enquiry and thëy were also nt)t given the chance to pfoduce the witness from their sidë. From thèse statements made during his évidence alsb it becomës cleax that the concerned workman not only in his written stateriiënt, rathér in his évidence alsb has accepted the fact that ail the nine workmen were prôceeded against jointly and during the enquiry they were denied the opportunîty to adduce évidence, to cross-examine the witnësses of the management and évéh to make their own statements in course of the enquiry.
True it is, that the said judgement of Hoo'ble High Court does not hâve any binding effect so far as the concerned workman is concerned as he was not a party to the said writ application but ai the same time it is aîso quite apparent that the writ applica- tion was filed by those workmen who alongwith the concerned workmen were prôceeded against with identical allégation and as records show, that the concerned workman himseif has admitted in sum and substance that not only the charges were identi- cal, rather their grounds for challenging the order of dismissal were also identical. It is needless to go into the détails in this regard once again as it has already been notjced and -discussed above in an e!a- borate mannei Therefore, quite obviously i rrespsc? tive of ils binding nature the aforesaid judgement of. the Bon'ble High Court still bears much signiflcance as far as the présent référence i s concerped* EVÊH if it js ta"ken for îhe time beiitg that the -finding already arrived at upon the fairness of the enquiijf, cannot be disturbed merely i n view of the said judge- ment of Hon'ble Court, then at legst the said judge- ment is an authority upon some of the légal issue raised in Ihe instant référence, suchas, the reinstate- ment pursuant to acquittai in a criminal case over which much stress has baen made in the instant réfé- rence and also regarding the departmantal proceeding said to hâve beec vitiated on account of non-suppjy of enquiry report or initiàting of the proceèding by an authority having no power- Ail thèse grounds were emphaticaJly raised in the instant référence which can only be held to hâve no substance in vjew of ail that has been he'd in tbe aforesaid deci sion of Hon'bJe High Court and there is no need to refer to any other décision or authorities.
7. Now comiiig to the aforesaid judgement of Hon'ble High Court it appeârs, after having gone through the same that the order of dismissal was challenged by Satnarain Bhagat and others (the other workmen barring the concerned workman) and for the purpose of setting aside the said order several grbunds were taken, such as. violation of principle of natural justice, initiàting of the proceed- ing by an authôrity havîng no power, non-supply of enquiry report and déniai ôf their reîiistâtement despite ' their acquittai in the'crimînal case. ît a'p- pears that the Hon'ble Court its judgement elabo- rately considered ail those aspects/ grôunds raised and theri reached to îts conclusive finding based on' the materials on record (as it is obvious the entire documents fëlating to depârtmental proceèding were made afeilàble before it). The Hon'ble Court hëld that the workman were "ot only prôvided "opportu- nity to participate but they fully and actively partîci- pated in-the proceedrhg and therefore they cannot make any grievanceof having suffered préjudice on
8= Anothet aspect which has been strenuously raised on bèhalf of the management, as noticed above, is thaf the référence made by the Central Government after Ï4 years of dismissal of the workman is highly belaîedfor which no expîanation has been furnished and the claim oi dispute which has obviousjy become stale doès not ïaquire any adjudication in vjew of1192 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART Iî—SEC, 3(ii)î the severa] légal pronouncements. Certain authori- ties of Hon'ble Supïerae Court as weU as few Hon'ble High Ccmvts were also cited in course oi arguments in support of the aforesaid contention vehemently placed, In reply to the aforesaid contentions it has been urged on bshalf of the workman that as there is no limitation prescrjbed for the adjudication of such matters the refereace cannot be refused to be adujdi- cafed upon on the ground of belated raising of the in- dastrial dispute.
developrnents in the meantime took place and ulti- mately the référence was raade which was questioned on the ground of delay, The Hon'ble Court while dealing with the matîer held that law does not pres- cribe any time lirait for the appropuiate Govemment to exercise its powers under Sec, 10 of the Act but it is not that this power can be exercised at any point of time and to review the matter which had sioce been settled, The Hon'ble Court further heîd that power is to be exercised reasonabley andin a rational manner. It îater observed that there appears to be no rationa] basis on which the Central Government has exeiaised powers in the said case after lapse of about 7 years of order dismissing the respondent from service and then observed that at the time référence was made no industrial dispute existed or could be even said lo hâve been apprehended. Finally the Hon'ble Court heîd that the dispute which is stale could nof be the subject- matter of the référence under Sec. 10 of the Act. As to whon a dispute can be said to stale wojld dépend upon the ciicumstances of the case.
From the facts stated above, it is apparent thaï the concemed workman alongwith others were served chargesheats sometime in the montb of August, 1975 and tbey were put under suspension. Thereafter the enquiry commiîtee was constituted and then on the basis of the report of the said enquiry committee the concerned workman was dismissed by letter dated 26-12-1975. It is further apparent that a criminal case of the same charges: was iniîiated in the yeai 1975 itself which ended in the acquittai of the con- cerned workman and others in the year 1986 and then about fwo years tberesfter i,e. in September, 1988 the dispute wss raised by the concerned workman before the A-L.G(C), Patna- As tbe conciJiatioa failedlater the référence was made by the Central Government in the year J9§9. It isthusobvious that industrial dispute was raised by the concerned work- man after 13 years of his dismissal from service by tbe management As regards this interestingly there is no explanation at a'J in the entira written statement of tbe corjceïned workman mucb îcs.s the reasonable explanation for sucii inoiviinate delay in raising the dispute- It appears that wben the management in ifs written stateroent raised fhe ground of dispute having become stale due to such a long delay tbe con- cemed workman in his rejoinder whi'e replying to the said averment mereJy sfated that an industtial dispute can be raised aï any time as there is no any lirait prescribed and fuïther simply it was mentioned that tbe concerned workman wrote a number of le- tters and fiJed représentation from time to time but it was not considered by the employer, Even to sub- stantiate such Contention nothing has been brougbt on record,
Yet another décision of Hon'ble Suprême Court upon the said aspect is reportcd in 2001 Lab.I.C.26. In the facts of that case the sorviecs of the concemed workman was terminated in the year 1974 and ther> after for the first time the indiistrial dispute was raisod by the concerned workman before the A.L.C.(C), Dha- bad in the month of D^cember, 1987 the notice as regards this was served upon the management on 12-4-88 meaning therèby that the dispute- was raised about 13 years after termination of the concjrncd workman. Whcn the référence was; made to the Tribunal apart from deaiing the other aspects refused to grant relief to the concemed work- man by observk'g that the daim of the workman in raising the dispute after a period of about 13 yvaru from the date of termination was too stale to grart any relief. The matter proceoded furLher a.nd finally it corne bofore tl:e Hon'ble Suprême Court and the Suprême Court after makkg discussions upo*i relevant aspects involvcd ccîicteded that whcn the Tribunal on preper aed object apporeciaiion on the riatc-riais on record foind that.the, cîtim was made by the respoadeat a fier 13 years it was c-psn to it to rufuse relief to the rcspondcAt. Further il-obior- ved that teither rclied can be decluied on the gi'ound ofdelay and 1." tcht; 3 dépends oa the facts £nd cïrem- starxe of each case. The Hon'blo Court further ob- serve J tE-king into accou'vl facts t"f that cLse thtjt llic clairn was made ahnost aficr a period of 13 years with- out any reasonable and jusiifyir.g ground and therc? was nothing en record to explain tbe c.elay as hekk by the Tribunal and. s o t he Tribunal did oot rightïly. graï.lhim.uiy relief. -
9. Upon the aforosaid aspect raised conceraing dalay it is pertinent to refer to few récent décisions of Hon'bîe Suprême Court, one of such de:ision is reporîed m 2000 Lab.I.C7O3 In tbe fsets of that case the cMcornad workman was disraissed from ser- vice >n tho year 1972 and thereafîer theicdustriai dis- pote was raisod for îae ivrÀ *iiîie in tJe year 1979 by way of fiiing an application before the State Govern- raant undsî'Sea-iO of th.-) Industrial Disputes Act. Tût said application was, ho.vcvor, rejected as ii was obssrved that tbe a p p r o p r ie Goveïnnient in relation to ih-2 E r ik wus Cant'aî G'cvcrqracnt: Sonjs DJO.J
Oae auothef décision of Hon'ble Suprême Court over which reliance has been placed by the otfer-side u!so is reporled ir 2001 Lab.I.C. 2814. It appears Ï19J
Having considered the facts of the présent case as it has already been observed above, no explanation much less reasonable or justifiable explanation has been put forward on behalf of the concerned workman for the inerdinate delay caused in raising the indus- trial dispute and simply the same has bren sought to be jusiified by ïaising the proposition of law as noti- ced above.
As such kceping in view of the aforesaid judicial pronouncements as well as considering the facts and circumstances involved in thjs particular case I am firmly of the view that the claim of the concerned workman in raising the dispute after period of about 13 ycars from the date of dismissaî is too stale to grant any relief. Thercfore, apart from the position that has emerged pursuant to the aforesaid décision of Horfble High Court as regards which the detailed discussions hâve akeady been made above and which go ageinst the concerned workman on, the ground of the daim being stale also the concerned workman docs not deserve any relief in the instant référence.
10. In view of ail the observations, considérations and discusrions bxed on ;he matériels on record no any i*eîief whalsoever can b j granted to the concerned workman.
11. Thc award is thus rendered as hercnrider :
The aedon of the managemeat of Simlor.g CoIIiery of M/S. Eastern Coalfields Liminted in rlism'sping Shri Balram Rajak, Attcndance Clerk, is justif;cd and the coE.cemed workman is not eatitîed to any relief. However, .hère would be KO order as to costs.
• S. H. KAZMI, Pi-esidins Officyr
New Delhi, the 4th January, 2002
S. O. 335.—In pursuanca of Section 17 of the Industrial Dispute, Act, 1947 (14 of 1947), the Central Government hereby publishes the award (Réf. No. 26/1991) of the Central Govern- ment Industrial Tribunal I Dhanbad as shown in the Annexure in the Industiïal Dispute between the employer-s in relation to the management of BCCL and their workman, which was received by the Central Government on 31-12-2001.
from the facts of the said case that the service of the concerned workman was terminated in the year 1975 and than upon thc industrial disputes being raised the référence was madc by thc appropriate Government in the year 1993. The said référence was challenged by way of filing writ pétition and the said writ appli- cation was allowed and the référence was quashed by the Hon'ble High Court solely on the ground ot delay. The matter thereafter travelled to the Hon'ble Sup- rême Court and the Hon'ble Suprême Court after making discussions held that the test is the existence of the industrial dispute on the date of référence for ad- judication, and if the dispute is found to be in ex- istent at that time then the Government can ex- ercise the powe-r of making référence whatever be the range of period which Japsed since the inceplion of the dispute. The Hon'ble Court further observed in para 10 of the said jidgement that in considering the factual position whether the dispute did oxist on the dats of rofiïjnce the Govemmcnt can take into acecun* factors intcralic, such as, thr. subsistance of conciliation proc&sôing. It further observed that such conciliation proceedings arc évidence of existence of industrial dispute. As in the facts of the said case il was an adrnitted position that on the date of réfé- rence the conciliation proceedings were not concluded, the Hon'ble Court concluded by obsjrving that it canuot be said that the dispute did not exisî on that date. Significatîtly in para 13 of the said décision the Hon'bb Court refïrred to aforesaid va-lier judge- m ;nt of ths Hon'ble Suprême Court also reporied in 2000 Lab.I.C 703 and the crux of thc ob:crvation in in thc said décision was also quoted thercia whereby it was laid down that a disp-aU which is stal; could not be subject-matter of a rcfsrence urider Sec. Î0 of the Indiïstrial Disputes Act and further as to when a dispute can bc said to be Ftale wouîd dépend upon the fecîs and circumstar.ces of each case. It is thus dear upon going through the décision of Hon'bîe Suprême Court that whatever that has baen obsorvet or hcld therein were qr.ite inconformity with afore- raid earlier décision of Hon'bîe Suprême Court also and it cannot be cited in support of a boit proposition, as ir> the instant case as no any period of iimitf.tion is thaï pracribed, irrespective of the facts and circumst- gnees of the case, a rrferer.ee cannot be held to bc bad in law on the ground of deîay or the claim of the work- man cannot held to bo unter;abîe because of its hav- ing bicorne stale. Further as it can bo noticed above the said case was decided by the Hon'ble Suprem; Court by holding as above on its own merit and taking into the facîs and circitmstances of that particular case and in the facts of that case r.s it is apparer-t on the date of refurenco tlic conciliaiion procoeding was stilî going on and Was not concluded.
[No. L-20012/217/90-IR (C-I) ] S. S. GUPTA, Under .Secy,11&4 THE GAZETTE OF INMA : FEÊkUARY 2, 2ÔÔ2/MAÔHA 13, 1923 [PART Û—SEC. 3(ii)l ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. I, DHANBAD
In the matter of a référence under sec. 10(lXd) (2A) of the Industrial Disputes Act, 1947
Référence No. 26 of 1991
Parties : Employers in relation to the manage- ment of 20/21 Pits Chanak Colliery in Mohuda Area-H of M/s. B.C.C. Ltd.
AND
Their Workman.
Présent : Shri S. H. Kazmi,
Presiding Officer.
Appearances :
For the Employers : Shri H. Nath, Advocate.
For the Workman : Shri S. Prasad,
Authorised Représentative.
State : Jharkhand. Industry : Coal.
Dated, the 18th December, 2001.
Further it has been said that SDL Operators hâve been regularised in Cat. VI even frpm gênerai mazdoor as will évident from a document in relation to a workman which has been filed in the instant case and the aforesaid contentions fund support from a letter of the Agent of Murlidih colliery also which has also been ûlcd on behalf of the workman. As a matter of fact, it is said, that as per norms and rules fitters of exceptional qualification and skill are sent for spécial training in sophisticate mining equipments for their placement in the highest category of fitters i.e. Category-VI. It has been said that the concerned workman is the only SDL fitter in the colliery for ail the 3 SDL machines since 1986. As the concerned workman was doing SDL fitter's job from 1986 and was doing SDL mechanics job taking full responsibility of maintenance of ail the three SDL machines in the colliery, the union made the demand for placing him in Category-VI from 1986 but since the management was adamant the dispute was referred to the A.L.C. (C), and upon the failure of conciliation there the matter was referred to the Government and ultimately the Government referred the said dispute for adjudication by this Tirbunal.
AWARD
By Order No. L-20012/217/90-I.R. (Coal-I) dated 14-3-1991 the Central Government in the Ministry of Labour has, in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (1) of Section 10 of the Industrial Disputes Act, 1947, referred the following dispute for adjudication to this Tribunal :
"Whether the management of 20/21 Pits Chanak Colliery in Mohuda Area II of M/s B.C.C. Ltd. is justified in not promoting & placing Shri Deonandan Parashad Yadav, Fitter in Cat. VI with corresponding wage rate as per NCWA-IV ? If not, to what relief the sa>d workman is entitled ?"
3. On the other hand, the management has corne out with the case, as disclosed in its. written statement, that the concerned workman was regularised from the helper to mechanical fittex in Cat. IV w.e.f. 17-11-1986 and in that capacity he is getting wages accordingly. Further it h? s been said that the concerned workman did not work with SDL machine but he worked as ordinary fitter in SDL Section like other fitters who are in Cat. IV and worked alongwith him in SDL Section. It has also been said that SDL machine which was in opération from November, 1988 became non-operative from 1-1-90. Further the case is that the concerned workman was promoted in Cat. IV as per cadre scheme and further it has been said that as per NCWA-III & IV the promotions are to be given subject to the vacancies and strictly on the line of promotion based on recommendations of D.P.C. It has been said that between Cat. IV and VI there is another Cat. V and its eligibility of promotion is successful completion of one year training in Category-II and similaily for promotion 1o Cale- gory-VÎ a pers,on working in Cat. V must hâve atleast eight years expérience as driver in category-V. Further, it has been said that as the concerned workman has not been promoted in Cat. V the question of his promotion in Category-VI does not arise at ail. It has also been said that ths concerned workman has no case for placing him in Category-VI.
2. Briefly stated, the case of the concerned workman is that fiom 1983 he has been doing Cat-lV Fitter's job and getting différence of wages. He was engaged in carrying out the job of Cat. VI Fitter in opération, repairing and maintenance of sophisticated machine, such as, SDL 625 etc. As such it is said, that he should hâve been given Cat. VI from the yaar 1986 but instead of doing that Ihe management regularised him only in Cat. IV in 1986. It has been said. that the concerned workman is an educated and I.T.I. trained Fitter having several technical qualifications and hâve completed several training courses even at the instance of the management.
1195and he was never engaged in opération, repairing and maintenance of sophisticate machine, such as SDL 625 etc Another stand taken by the management is that the promotion is always made as per rules and norms prescribed under the Cadre Scheme and for the promotion recommen- dation of D.P.C. is necessary besides the requisite qualification and expérience and as such the con- cerned workman cannot claim his promotion or régularisation in Category-VI as presently he is placed only in Category-IV. After obesrvance of the norms and rules only firstly he would be placed in Category-V and only then in Category- VI. la short, as pei the managements stand the workman has no case at ail for any relief whatsoever.
By way of rejoinder also several statements made on behalf of the concemed workman were parawise controverted or denied and therein also it was averred that the concemed workman was never given any higher • job or responsibility, rather he had worked as a mechanical fitter like any other fitter under the supervision of Asstt. Foreman who is responsible for the maintenance and further that he was never engaged in opération, repairing and maintenance of sophisticate machine, such as, BDL 625 etc. Sheonandan Harijan, a gênerai mazdoor whose services were regularised as SDL Operator in Category-VI, had also acquired the required expérience and was on that basis he was considered for régularisation. It has also been averred that since the SDL machine ceased to be in opération from 10-1-90 the case of the concemed workman was not considered and he cannot force the management to régularise him as SDL Operator in Category-VI when there is machine in opération.
6. Thus, in view of the stands taken by the parties it becomes apparent that cors issue involved and which requires considération in the instant référence is whether the concemed workman from the year 1986 can be said to hâve been doing the job of SDL Fitter which falls in Category-VI and in that capacity has been engaged in opération, repairing and maintenance of SDL machine etc. so as to claim any pro- motion by way of régularisation in Category-VI either w.e.f. 1986 or 1988.
4. In support of their respective stands both the sides hâve adduced oral as well as documen- tary évidence. Two witnesses were examined on behalf of the workman and one witness was examined on behalf of the management. The documents filed on behalf of the concemed work- man are exhibited as Ext. W-l to W-15 and those filed on behalf of the management are marked as Exts. M-l to M-4. The descriptions, nature and significance of those documents would be taken note of and considered in course of the discus- sions made hereinafter.
5 As it, is apparent from the aforesaid, precisely the claim of the workman is that he has been doing S.D.L- Fitter's job from 1986 and has been engaged in opération, repairing and maintenance of SDL machine in the concemed colliery, he ought to hâve been placed in Category-VI from the year 1986 itself but at- least now since he has got genuine claim he should be promoted by way of régularisation of his service in Category-VI if not from the year 1986 then atleast from the year 1988. It is also clear from the aforesaid that few instances hâve also been cited where a workman was placed in Cat. VI as SDL operator straight avvay from Cat. I gênerai mazdoor and that too without imparting any formai training to the said work- man and without the said workman having any technical qualification for handilng sophisticated machine. Whereas clear and categorical stand taken by the management is that the concemed workman was never given any higher job and responsibility, rather he worked as mechanical fitter like any other fitter after having been regularised in Category-lV in the Year 1986
7. As far as oral testimonies of the witnesses are concemed from the side of the workman WW-1 is none other than the concemed workman himself. Apart iVom making other statements he has said that since the year 1983 he has been doing the job of maintenance and of testing on Road header, S.D.L. and I.S.M. machines. He has further said that SDL started operating at 20/21 Pits since 1986 and since then he had been working on that machine. He has also said that as fitter when he fits and repairs machine he also has to test it by opéra- tion of the machine. At another place also he has said that he has been looking maintenance of three SDL machines since 1986. According to him, he had made the demand to place him in Category-VI for operating the aforesaid machine and should be given the wages of Technical & Supervisory Grade from one year thereafter. So far as the stand taken by the management that the SDL machimne is no more in opération since the year 1990 he has stated in course of his cross-examination also that this SDL machine had stopped functioning w.e.f. 1-1-90 and it was in the year 1993 when new SDL machines were brought, they then became opera- tional. Earlier to that he seems to hâve aiready mentioned that SDL machines are still operating WW-2 who came forward to support the claim 210 GI12002—48.
1195 1HH GAZETTE OF 1NDIA : FEBRUARY 2. 2002/MAGHA 13, 1923 [PART II—SEC, 3(ii)] 1197workman was directed by Sr. Executive Engineer to report for the préventive maintenance of SDL machine Ext. W-ll is a letter dated 18-4-91 addressed to the Dy, Personnel Manager (IR), Mohuda Area sent by the Agent-
The subject mentioned therein is the dispute over alteged illégal and arbitrary action in not giving proper pay scale to Deonandan Païashad Yadav, (concerned workman). In the said letter it finds mention that during the opération oî SDL the concerned workman was working in SDL as Mechanical Fietter who was engaged for préventive maintenance of SDL machine and his attendance in the year 1988, 1989 and 1990 is 292 days. 24-1 days and 237 days respxtively as per calendar ycai1. It further finds mentioned therein that one of the workers was reguîarised as SDL Operator in Category-VI from gênerai Mazdoor Category-I. It has also been mentioned therein that the con- cerned workman was nominated for undergoing training programme on SDL 625 from 28-6-89 to 2-7-89 heid at Anand, Gujrat. Laslly the necessary action, in view of the above, was roquested to be taken. Ext. W-12 is another document which is overtime slip showing the engagement of the concerned workman on SDL machine. Ext. W-13 is an injury report under the signature of the Médical Officer of the company which shows that the concerned workman received injury aï the time of operating SDL machine. Besides thèse documents Ext. W-4 to W-10 are- also there to show the maintenance and repairing work done by the concerned workman on sophisticated machines.
The aforesaid decuments certainly go to corrobo- rate the stands taken by the workman and the state- ments given by his witnesses regards his continuons working on SDL machine for its opération, repairing and maintenance. Further thèse documents dislo- dge and falsify the stand taken by the management, as mentioned above, that the concerned workman, in fact, never worked on SDL machine and was never engaged in its opération, repairing and maintenance at any point of time. Ext. W-ll not only show" that the workman worked on SDL machine rather it also shows that the concerned workmen worked for more than 240 days in one calendar year. lntcrestingly the said document has been exhibited at the instance of the management also and was marked Ex.M-4.
9. Though the mansagement is taking resort of Cadre Scheme under N.C.W.A. is per which it says that D.P.C.'s recommendation is necessary for promotion besides requisite qualification but Ext.W-2 and W-3 are there to show that one workman (WW-2) was firstly rxgularised as gênerai mazdoor and soon thereafter i.e. within a span of few months otvlv he was reguîarised ia Category-VI as SDL Op.jrator wilhout l.uvÎKg any i.ecJiiuc:.i t u J J ^g w,j>.h WW-2 lic-.s LLii.vif adiniited ia hL évidence and obviously wilhout adopting preseribod rules or régulations, if any, in that /égard. That was u promotion in fact and not more régularisation as it has not mentioned anywhere that he worked as SDL mechanic for a long time asid was reguîarised. Where;-.s the concer- ned workman daims promotion by vv.vy of régulari- sation as he says that he lias bc-en working in daegory- -VI for a long lime. So the case oi' d;e concerned workman stands rather on bcllcr footing. It is, there- fore, obv;jus that despii.c there b J ng any rules or scheme, in exceptional cases the management has rclaxed ilsose fixed norms and rv.'es and has promoted or rcgularibfd die workman in a higher cadre or grade. The conceni'"d workman's case was c.;rîainiy of such native wihch should hav? been favcurably c-msidered by the management for his promotion or régularisa- tion in Category-VI.
10. ït h P. s been contend.;d on bîhalf of the mana- gement that the lerm:; of référence ;^pjak about promo- tion only whereas the workman's daim in sum and substance is for régularisation and as such this Tribunal cannot go beyond the ternis c-f référence and the relief as such cannot b: granted to the werkman. There does not appear to bz any substance in such submission particularîy in the ciicumstance of this case. Il has alre^dy been heid diiic withoid number by Hon'ble Higher Courts that the terras of référence should not be consinied in .i pcd"ntic m ^ n er and it should be read in such a way so rs to enhance the cause of justice. Keepiiig in view this aspect aiso that the Industrial Disputes Act is bénéficiai peace of législation.. Hère the concerned workman has made it clear that he wents promotion by way of régulari- sation as he is placeci ia iower ceategory and lias been doing tLe job of higher category sii.ee If,g. In short, it is reiteraied that the aftvetaid objection "aised has no legs to stand.
l î. As scen above, it is aise c.ne cf the greunds taken by the management that sir.ee SDL nachine is not in opération fre m the year 1950 there is ne quu- tion cf promotion t r régularisais n c f the ccnceined workman in Category-VF as SDL Opc-iatci,. As rifticed abeve on thi:-. aspect the îr-nagemcnts cwn witness has depesed that theugh in the year 19S0 the said machine because nen-crerative but thereafter new machine were sequired and rreiently two SDL machines are in operatien. S^ the afuedaid stand cf the management stands fak'fied by tlie afcic=aid depositit-n cf its ovvn witness end 8s tucli itbecciTiss évident that SDL machines are very mue h in eperation even if it is taken that frr a btki r-erit d ,'t te e us to fonction , n oeccunt ri" ont- rcEsui c r the cthtr .
1198 THE GAZETTE OF INBIA \_ FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3(ii)]New Delhi, the 4th January, 2002
S.O. 336.—In pursuance of section 17 of the Industrial Dispute Act, 1947 14 of 1947), the Cen- tral Government hereby publishes the award (Réf. No. 32/1991) of the Central Government Industrial Tribunal 2, Dhanbad as shown in the Annexure in the Industrial Dispute between the employers in re- lation to the management cf CMPDIL and their work- man, which was received by the Central Government on 31-17-2001.
[No. L-20012/230 /90- IR-(C-I)] S.S. GUPvTA, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL (NO. 2) AT
DHANBAD
Shri B. B iswas, Presiding Officer. In the matter of an Industrial Dispute under Section (10 l)(d) of the I.D. Act, 1947.
REFERENCE NO. 32 of 1991 12. Itisobvious frem the discussions mac e abcve on the bas-'s cf materials that the concerned wcrk- man worked continuously as Mechanical Fitter and WBS engaged in opérai ion, repairing and maintenance of SDL machine which is admittediy Categcry-VI job, despite baving been pîaced in Category-lV, Ei- ther he should not hâve been called upon to do that nature of job or like others he should hâve aise been promoted or regularised in Categcry-VI specially when he was duly qualified and had undergene se- veral technical trainings required for the said jcb also (as the same is obvious frem Exts, W-5, W-6 and W-7) or he should hâve been paid the différence of wages for the period he worked and periormed the job of Category-Vl as well in the aforesaid manner. Instead of taking any aforesaid reccurse the manage- ment has come oui. with the déniai to the effect that the concerned workman not at ail worked on SDL machine or for its mainienence. rerairing etc. at any point of time. Actions cf the management in the aforesaid regard certainly ameunt unfair labour pr*>c- ticc which often has been deprescated by the highest Court of the land and this greund itself is sufficient for the Tribunal to extend the relief to the cencerned Workman.
PARTIES ;
Employers in relation to the management of Central Mines Planning and Design Institute Ltd., Ranchi and their workman.
13. Thus, in view of ail the aforesaid consi- dérations and discussions it is finally ccncluded that the concerned workman has a gecd case for lus pro- motion by way of régularisation.
APPEARANCES ;
14. The award is this rendered as hereunder ;
On behalf of the workman
None
On behalf of the employers
Shri R. N. Pandey, Authorised Représentative.
State ; Jharkand Industry ; Mine Planning &
Design.
Dated, Dhanbad, the 12th December 2001.
AWARD The managemeni of the cencerned ccllieiy of M/S.B.C.C. Ltd. is not justified in not promeiting and placing the concerned workm^n, Deonandan Parashad Yadav, Fitter in Dategory-VI. As such, the management is hereby directed to promote the co- ncerned workman by way of regularising his services in Category-Vl within 30 days frem the date of public- ation of the award and he should be paid correspond ing wage rate as per NCWA-1V fre m the date cf his promotion/ régularisation.
However, there would be no order as to cests.
S.H. KAZMr, Presiding Officer
The Govt. of India, Ministry of Labour, in exer- cise of the powers conferred on them under section 10(I)(d) cr thé I.D. Act, 1947 has referred the fol- lowing dispute to this Tribunal for adjudication vide their Order No. L-2CO12(23O)/9O-I.R./CCP]-I), dated, the 28th December, 1990.
SEHEDULE
"Whether the action of Central Mine Planning and Design Tnstitute Ltd. Ranchi Management stopping/terminating Smt. Shanti, Rupesh Kar- katta Sri Kacir Sri Akhtar Ansari and Saffique Ansari in August 1986 and subsequently appoint- ing many juniors and retaining them in service is justified If not, to what relief thèse workroen are entitled?' 119) 2. The case of the concernée workman accor-
ding to their W.S. in brief is as follows ;
Md. Kadir were offared employment for daily rated job on casual basis with stipulation cf pa>m£nt of Cat. I wages, They further disclcsed lhat in view of the crder of the Hon'ble Apex Coiut the management received cnly 57 application fer régu- larisation of service including the petitiens frem Rupesh Karkatta and Md. Kadir and out of which 41 persons were effiered employment in Cat. I wages. The management further submitted that the service Rupesh Karketta and Md. Kadir hâve been regulari- sed and now they hâve been performing their perma- nent job on régularisation. The n anagement sub- mitted that the services cf the cencerned werkman absolutely were on casual in nature and as the con- cerned workman left their jcb eut of their cwn accord there was no scope of termination ef their services as alleged. The allégations which the concerned work- man hâve brought against the management find no basis on the ground that they did not pass any order contrary to and violation of the provision of law. As such the management has prayed fc r passing an Award rejecting the claim cf the cencerned werkman.
4. The points for decision in this référence
are :—
"Whether the section of Central Mine Plann- ing and Design Institute Ltd., Ranchi manage- ment stopping teiminating Smt. Shanti, Rupesh Karketla Sri Kadir, Sri Akhtar Ansari and Saffique Ansari in August, 1986 and subscquently appointing many juniors and retaining them in service is justified? If not, to what relief thèse workman are entitled ?"
The concenred workman in their W S. submi- îted that they were emplcyed as Muster rc 11 c n je rs of Sweeper in the year 1983. They subniitud liai inspite of their rendering continuous service the rrai.a- gement without any reasonable cause and aho in dic- lation of provision of Section 25-G of the I.D. Act, 1947 terminated them from services. Even while the management employed new persens en similar or identical jobs in large number no considération was given to their légal claims and thereby violated the provision of Section 25H of the I.D. Act. The concerned workman submitted that amongestothers S/sri Rupesh Karketta and Md. Kadir filed Writ Pé- tition bearing No. 96 77 before the Hon'ble Suprême Court listed at SI. No. 261 and 262 of Annexure 1/W to the Writ Pétition seeking interalia régularisation of their services. They submitted that as consé- quences of Honble Suprême Court's order dt. 20-2-89 in Writ Pétition No. 9677 of 1983 the concerned work- man Rupesh Karkatta and Md. Kadir submitted appli- cation for régularisation of their services. The said workman were called for interview and identi- fications on 9-10-90. They submitted that while a few persons similar were interviewed and appointed as so-called Cat. I General Mazdoor the claims cf Rupesh Karketta and Md. Kadir on the contrary were denied. Thereafter the concenred workman raised industrial dispute before the ALC(C) which resulted référence to this Tribunal for adjudication, Accor- dingly the concerned workman prayed to pass and Award according to their prayer.
DECISION WITH REASONS 3. The management on the contrary after fil- ing W.S. cum-rejoinder hâve denied ail the claim s and allégation which the concerned workman asser- ted in their W.S. The management sutmitted that the concerned workman i.e. Rupesh Karketta during the period from 1983 to July, 1984 werked fer 113 days at CMPDIL while Smt. Shanti for 182 days from October, 1983 to March, 1984, Sri Kadir for 63 days from February, 1984 to November, 1985. The management further submitted that other petitknei namely Akhtar Ansari and Saffique Ansari nevei worked under them. They further submitted that the concerned workman worked cnpurely casual basis for contingent nature ofjob frem the peried from 1983 to 1985 and they were never terminated from their further employment, on casual basis rather they left their casual engagement on their own accord. The management further submitted that after filing counter affidavit in Writ Pétition filed by the Workrr.an registered as Wp 9677 before the Hon'ble Apex Court they vehemently denied their claim that the workman were terminated frem their service. They further disclosed that vide letter No. CMPDI/H Casisual 4694 dt. 18-7-199J Rupesh Karketta and
5. Considering the évidence of the workman and also the management I find sufficient scope to say that Shanti Devi, Ruposh Karketta, Md. Kadir used to work under the management as sweeper, It is the spécifie claim of the management that they were Contingent Staff and never provided employ- ment in reguiar course. They submiued that there was no scope at ail to their service as they were not the regular employées tinder the management. On the contrary the concerned workman Icft their casual jobs out of their own accord and for which they cannot claim any relief at ail. It has been further submitted that out of the five pétitions Akha- tar Ansari and Saffique Ansari never worked under them even as Contingent worker. On the con- trary the concerned workmen's claim is that they continuouedly worked under the management from February, 1983 to September, 1986. It is their further claim that the worked more that 240 days in a calendar year but inspite of régularisation of their service the management terminated them from service illegally and arbitrarily. They alleged fur- ther that while the management employed many1200 THLi GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3 pcrsons in connection vvith similar jobs their claim was not at ail considcred. Accordingly a Writ Pétition was filed before the Hon'ble Apex Court and inspitc of spécifie protection given by the Hon' able Apex Court the management did not consider necesury to rcgularisd the services of the workman as per direction. From the record I do not find the order of the Hon'ble Apec Court with a view to draw any conclusion in support of the claim of the concemed workman, lt is the spécifie claim of the management that the workmen during the period of their service fVom 1983 to 1985 never fulfilled minimum critieria of workingof 240 days in a calen- dar year. Naturally their claim to that effect finds no footing at ail. Apart from this the management submitted further that the demand for régularisa- tion in relation of performing casual temporary and intermittent job for the period from 1984 to 1985 by raising an iiidustrial dispute in 1989 is a stale de- mand which is not maintainable in view of the dé- cision of the Hon'ble Apex Court in the case of Inder Singh & Sons Ltd., . .vrs. Their workman reported in 1961 (2) L.L.J. 89. The management further re- ferring décision reported in (2000) 9 SCC 416 in con- nection with Union of India versus-Debika Gupta and others. Their Lordships of the Hon'ble Apex Court held that the claim for régularisation of ser- vices on the ground that the persons had worked more than 180 days in a calendar year cannotbe a basis for légal claim in the matter of régularisation. In the case of Arun Dhanli Ajit Pargaonkar (Dr) versus—State of Maharashtra. and another reported in L994 (69) FLR 695 (S.C.) the Hon'ble Apex Court held that merely because the Appellant was appoin- ted temporarily on permanent post and worked for 9 year without break, it would not entitle the appelant to be regularised. The Hon'ble Apex Court went to the extent to say that eligibility and continuous working who soever olong period should not permitted to over reach the law. The manage- ment also relying on the a décision reported in 1997 (li) SCC 288 in connection with a case of union of India verses— Uma Maheshwari and others sub- mitted that the Apex Court held that the claim for reu.larisa.tion of the daily wages is not maintain. able if no regular work or régularisation scheme is in. opération. Refening ail the décision the manage. ment submeitted that the concerned posons are not entitled to régularisation of their services particularly considering the fact that the management did not at ail terminato their services. How apart from the facts discussed above another point which has to be considered hère is whether the concerned workman wore terminatcd from their service or they left their services ont of their own accord. Considering the évidence of MW-1 and WW-1 it is clear that the con-
cerned workman were contingent workers absolutely on casual basis. In natural course question of their régularisation only will crop up if there remained existing vavancy. It is seen that out of the iîve peti- tioners Rupesh Karketta and Md. Kadir haveal- ready b xn regularised. Naturally question of giv- ing any direction of further régularisation of their service as Cat. I wages does not arise. Therefore the claim of Smt. Shanti Safique Ans.iri and Akhtar Ansari mày be taken into considération, lt is the spécifie claim of the management that Akhtar Ansari and Safique Ansari never worked r.nder the manage- ment even as a Contingent worker. No évidence is fortheoming before the Court on the part of thecon- cerned workman that thèse two workman worked under the management during the period which they relied on. Unless and untill this aspect is es- tablished with ail reasonable certiainty, just relying on the claim of the concerned workman l do not find any scope to pass any positive order in their favour directing the management to régularise their services. Now let see if the claim of Smt. Shanti stands on cogent footing or not. lt is clear from the évidence on record that Smt. Shanti Devi worked under the management as Contg. staff Smt. Shanti Devi in course of her évidence stated that she wor- ked under the management from February, 1983 to September, 1986 continuously. She alleged that inspite of continuous service the management d id not consider necessary Lo régularise her service as Cat. I wager. On the contrary managements spéci- fie claim is thaï during this period in ail the concerned Workman worked only for 183 days. As such the claim of this claimant finds no basis at ail, . Apart from this fact the management furiher submitted that question of her terminaiion does not arise at ail. R was she who left her casual service out of her own accord and when a person leaves her service out of lier own accord there was no scope at allto régularise her service paricularly when she was not a regular staff. It has to be looked into if this worker Smt. Shanti Devi continously worked under the manage- ment during the period as mentioned above. I hâve considered the record carefully and I hâve failed to find out any cogent document in support of her claim in question. As such the workman lias failed to es- tablished thaf tbe worked under the management for more than 240 days in a year and she being a regular staff was terminated by the management arbitrarily and illegally. Unless and untill this aspect is estab- lished. I do not find any scope to uphold her claim. It has been categorically admitted by the management that the services of Rupesh Karketta and Md. Kadir hâve already been regularised and they did not face any difficulty with them. Therefore, there is no scope to pass any spécifie order in favour of thèse two workers1201 in view of the praryer made by the concernée! work- man. Relating to other three workman I hold that the union failed to substantiate their claim satis- factory and for which there is no scope i.\ i\\\ topass and order to régularise heir service.
6. ïn the resuit, the foliowing Award is ren- dered :—
"The action of the Central Mine Planning and Design Institute Ltd. Ranchi Management Stop- ping terminating Smt. Shanti, Sri Akhtar Ansari and Saffique Ansari excepting Rupesh Karkatta and Sri Kadir in Augusi, 1986 and subslquently appointing many juniors and rctaining them in service is justified. Consequently Smt. Shanti, Sri Akhtar Ansari and Saffique Ansari are not en- liiled to get any relief.
B. BISWAS, Prcsiding Officer New Delhi, the 4th January, 2002 S.O. .—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 cf 1947), the Central Government hereby publishes the award (Réf. No. 138/1995) of the Central Government Industrial Tribunal-2, Dhanbad as shcwn 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 31-12-2001.
[No. L-20012/455/94-IR (C-I) ]
" S. S. GUPTA, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMBNT INDUSTRIAL. TRIBUNAL (NO. 2) AT
DHANBAD
PRESENT ;
Shri B. Biswas, Presiding Officer In the matter cf an industrial dispute under Section 10(l)(d)oftheI.D. Act, 1947.
REFERENCE Nc. 138 OF 1995 PARTIES ;
Employers in relata n to the n aragemert cf M/s. BCCL, Lodna Arca No. 10 and their wc rkmar.
APPEARANCES ;
On behalf of the werkman Shri S. Bcse.
Treasurcr.
On behalf cf the empkyers Shri H. Nath,
Advocate.
State ; Jharkhand
Industry ; Ce al Dated, Dhanbad, the llth December, 2001
AWARD
The Govt. of India, Minjstry cf Labeur, in exercise of the powers cenferred en ihem urder Section l0(l)(d) of the I.D. Act, 1947 has rcferred the following dispute to this Tribunal fer adjudica- tion vide their Order No. L-2G012/455/94-I.R. (Coal-I), dated the 18th October, 1995.
SCHEDULE
"Whether the actien cf the maragcrr.cnt cf Bagdigi Colliery cf M/s. BCCL in dismissirg Shri Chandrika Lall, Fan Operator fre m services of the company is justified ? If not. to wra t relief Shri Lall is entitled to ? "
2. The case of the concerned workman Pcccrding to the W.S. in brief is as follcws :
It has been submitted in the W.S. that the concerned werkman Shri Chandrika Lall was a Fan Operator at Bagdigi Cclliery under Lcdra Area No. X cf M/s. BCCL. It has been submitted further on 18-1-92 the cencerned werkman was indisposed and did not join his duties. Acccrd- ingly for his absence en the said date the manage- ment issued a Chargesheet dt. 29-1-92 under signature of the Agent/Manager, Bagdigi Ccliieîy alleging about an incident which bad taken place on 18-1-92 in the njght wherein the concerned workman was involved ar.d thereby viclalcd Ire provision of clause 26.1.20 and 26.1.30 cf the Standing Order. Against the said chajgesheet the concerned workman submitted his icpiy en 31-1-92 but being dissatisfied with the reply, given by the cencerned workman the managerr.crii c- n- ducted a perfunctory enquiry en 24-4-92 ard en subséquent dates, copies of which vvere net t,up- plied tô him. ît Bas been alleged that the mana- gement with a pre-determined attitude dismissed him from his service by letter dt. 4-12-92 under the signature of the Agent, Bagdigi Ccliieîy. Jt has been further alleged that the said letter cf dismissal was without intimation of the enquiiy report is invalid and in cpciative and fer whkh1202 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART II—SEC. 3 ( U )] Shri Chandrika Lall, Fan Operator frem service of the company is justified ? If net, to what relief Shri Lall is entitled to ?"
DECISION WITH REASONS the same is liablc to be quashed. He further alleged that the acticn cf the management from the stage cf issuance cf chargesheet till the dis- missal of the concerned workman was arbitrary and against the principles of natural justice. Accordingly the concerned workman raised indus- trial dispute which uitimately resulted référence to thjs Tribunal.
3. The management en the contrary after filing W.S.-cum-rejoinder hâve denied ail the claims and allégations which the cencerned workman asserted in the W.S. It has been submitted by the manage- ment that on 18-1-92 about 11.15 P.M. there was a break down in the Creeper fer which Shia Ram Jaiswara and Jagdish Upadhyaya, Fitter-Helpers were engaged to attend the break down of the machine. The management submitted that the cencerned work- man Chandrika Lall though was not on duty came there and switched on the creeper ail on a sudden. As a resuit of which the thumb and little finger of the left hand of Sri Jagdish Upadhayay, Fitter- Helper of Bagdjgi'Colliery were chopped out as it was caught between the "V" Bell and pulley of the meter. Because of bis négligence the cencerned workman was issued with a chargesheet dt. 29-1-92 for sericus misconduct for violatien of clause 26.1.20 and 26-1-30 of the Standing Order. The manage- ment further submitted that against the said charge- sheet the concerned workman submitted his reply denying ail the charges. But as his explanaticn was far from satisfactory, an enquiry proceeding was initiated being headed by Shri D. N. Rai, Sr. P.O. as E-O. The concerned workman was gjven full opportunity during the enquiry to défend his case by producing evidence/decument. The management further submitted that the enquiry was held in accordance with the principles of natural justice and the concerned workman never complained against enquiry preceeding. Tbe enquiry efficer found the charges framed against him fully preved and the concerned workman wïth due apprcval of the Disci- plinary Authority was dismissed frem service by the Agent, Bagidigi Colliery vide dismissal order No. BCCL/BC/Order/Dismissal/92/1675 with immédiate effect. The management submitted that in view of the seriousness of the misconduct any punishment short of dismissal would hâve enecuraged other workmen to violate the safety provisions cf the Mines, 1952 and Coal Mines Regulaticns made thereunder. They further submitted that the said order of dismissal cf the concerned workman was fully justifled and fer which he is net entitled te cet any relief.
4. The points fer décision in this référence are ;
5. Prior to taking up of the final hearing of the instant case date was fixed for hearing on prelimi- nary point relating to the fairness and prepriety of the domestic enquiry. Vide Order No. 34 dt. 12-1-99 it transpires that the concerned workman has cen- ceded to the fairness and propriety cf the domestic enquiry and for which the same was accepted by my Predecessor-in-cffice and date was fixed fer argument on merit. By the same order ail the documents produced by the management relating to the domestic enquiry was admitted.not évidence on consent cf the parties and marked as Ext;. M-l to M-24. At this juncture I do not find any scope to pass my comments about legality validity and prepriety of the demestic enquiry held by the E.O. It has to be considered now if the order of dismissal passed by the manage- ment was légal and according to the principles of natural justice. Considering the submissien of both sides I find no dispute to hold that on 18-10-95 while Shia Ram Jaiswara and Jagdish Upadhyaya, Fitter- Helpers were engaged in repair in g the break-do wn machine of the management met an accident and as a resuit of which left thumb and little finger of Jagdish Upadhyaya were chopped out as it was caught bet- ween the 'V Belt and pulley of the mètre. It is the spécifie allégation of the management that theugh the cencerned werkman was net on duty at that relevant moment he came there and entering the Switch Room he switehed on the machine and for which the said Jagdish Upadhyaya sustained sericus injuries to his person. The management alleged that the concerned workman was not posted on duty there and therefore there was no reason on his part to switch on machine at that moment. Accordingly the concerned workman was found guilty of sericus misconduct as per clause of 26(l)(20) and 26(1X30) of the Standing Order. The contentien of the cen- cerned workman on the contrary is quite différent. He submitted that on 18-1-92 he was absent from duty owing to his illness and for which there was no scope on his part to attend the office of the manage- ment. It is seen that over such serions misconduct they issued chargestieet to the concerned workman dt. 29-1-92 with direction to submit written expira- tion in respect cf the "charges within 72 hours from the receipt of the chargesheet. The concerned work- man on 31-1-92 submitted his reply dening ail the charges brought against him. In the said reply the concerned workman specifically mentioned that on 18-1-92 he was not on duty and thus the charges of "Whether the action of the management of Bagdigi Colliery of M/s. BCCL in dismissing • 1203,
to examine the said decter in. crder to substantiate the authenticity cf his claim. • If the médical repcrt which the ccncerned werkman relied en is accepte d in that case it shculd be taken inte censideratkn thtt ail the witnesses gave false statement befere the E.O. Therefore, it should be presumed that the toncerned workman with some malafide intention was impli- cated falsely. In the W.S. submitted by the concerend workman I do not fmd an iota of évidence relying. on which there is scope to say that the concenred workman had any bitter relation with the witnesses including the victim. If that was no so then there is scope to say that what reason would prevail in the mind of the victim and other witness to implicate the concerned workman faîsely. The management admitted that at the relevant time of the accident the concerned workman was not on duty but he came there and switched on the creeper which resul-; ted accident in question. Therefore, the moot ques- tion which has to be taken into considération is whether the concerned workman was phy&icolly unable to attend the place of work at that relevant time of the accident. No évidence is fortheoming on the part of the concerned workman before the E.O. that he was totally bed ridden and for which he could not move. As the dector was not examined by the concerned workman during enquiry proceeding the authenticity of the médical certificate and pres- cription issued by the said doctor has corne to ques- tion. It should be taken into considération that the concerned workman though was an employée under the management should be considered as unauthorised person to operate the machine in ques- tion. Knowing fully well of this fact he switched on the machine and for which the accident occured. As the concerned workman has failed to substantiate the fact that owing to his illness he was totally bed ridden and was not in a position to move I do not find any scope to disbelieve the statement of the witnesses including the victim involving him to meet the accident in question. I hâve carefulîy con- sidered ail material papers of the enquiry proceeding and I hâve failed to find out any reason to disbelieve the statements of the witnesses. The witnesses cate- gorically disclosed that the said accident took place only for the act of the concerned workman. He was not authorised to switch on the machine but existing his présence unauthorisedly he switched on the machine and for which the victim could not avoid the accident. I hâve considered the enquiry report as a whole and I hâve failed to find out any mateiial reïying on which it can be said that the enquiry report was submitted by the E.O. arbitrarily and ilîegally. On the basis of the said enquiry the disci- piînary authority after considering the enquiry report accepted the same and issued order of dismissal kon miscenduct was not legafly maintainatk. fieing dis-- satisfied with the reply given by the ccncerned work- man the management decided to hcld domestic enquiry and acccrdingly appcinted Shri D. N. Rai, Sr. F O. as Enquiry Office*. Frcm the repcrt cf the E.O. marked as Ext. M-7 it transpires that he tock up enqu;ry prcceeding in présence cf bcth sides. It is su-n frcm the reccrd cf the enquiry prcceeding that the enquiry cfficer in ccurse of enquiry examined Shri Sushil Kumar Singh, Executive Engineer, Bag- digi Ce lliery, the victim Jagdish Upadhyaya and ether witne^es r.amely Shri Chandrika Rajak, Haulage Khalasi, Suresh Mishra, Surface Trammer, Siya Ram Jiaswara. The statement cf victim i.e. Jagdish Upadhyaya, Fitter-Helper which was recerded by the E.O. has to be censidered with ail impcitance. This witness at the time cf his interregatien gave vivid descriptien hcw the said accident teck place at the interférence cf the ccncerned werkman. He disclcsed that while he was engaged in examining the break-dcwn machine with a view to search eut fault he asked Chandrika Rajak to put c ff the switch of the creeper so that work cculd be de ne. At the time cf his exanunatien he feund the fault en the spindle. At that time he was trying to rctate the creeper mainSy in reverse directien. At that time the ccncerned werkman i.e. Chandrika Lai came to Switch Room and put the switch cf the cieeper on. As a resuit of which both fingers cf his left hand were chopped eut as his hand felî between the 'V Belt and Pully. The Enquiry Cffictr submitted that the ccncerned workman was allcwed to cress-examine this witness and other witness and he availed the opportunity cf the same. Other witnesses including Shia Ram Jaiswara were aise examined by the Enquiry Officer and their statements were also duly recerded. They also in course cf their évidence ccrrcbcrated the statement cf the victim i.e. Jagdish Upadhyaya. Now considering the statement cf the witnsses in- cluding the victim it transpires that Chandrika Lai i.e. the ccnccrrcd werkman en 18-1-95 at the relevant moment came to the spet and switched en the creeper which rcsulted the accident. It is seen that as a resuit cf the said accident left thumb and littîe finger of the victim were chepped cf. On the ccntraiy the ccncerned werkman submitted that as he was en leave on 18-1-95 cwing to his illness theie was no scope on his part to attend the relevant place at the time of the said accident and acccrdingly he denied his involvement in meeting the said accident cate- gorlcally. The ccncerned werkman also in support of his claim submitted médical certificate marked as Ext. M-10 to show that he was under treatment cf Dr. Mohan Kanauja with effect frcm 18-1-92 to 23-1-92 as he was suffering frcm bacilliary dysentry_. I hâve considered médical certificate rr.d prercriptien issued by the de clcr. The et nccir.cd wc.kr.ian durins enouirv oroceedins did not censider necesysar
210 GII2002—49.
1204 THE GAZETTE OF INDIA r FEBRUARY 2, 2002/MAGHA 13, 1923 [PART H - S E C. 3(iï)]New Delhi, tbe 4th January, 2002
S.O. 338 —lu pursuance of Section 17 of the Industrial Dispute Act, 1947 (]4 of 1947), the Centre! Government hereby publishes the award (Réf. No 65/1993) of the Central Government Industn'al Tribunal-2, Dhanbad as shcwn in the Annexure : i the IndustriaJ Dispute botween tbe employers. in relation to the management of CCL and their work- man, which was received by the Centra] Government on 31-12-2001.
[No. L-20012/281/92-1R (C-J) ] S, S, GUPTA, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO, 2) AT
DHANBAD
PRESENT :
Shri B, Bjswas, Presiding Officer
In the matter of an Industrial Dispute under Section 10(l)(d) of the I D, Act, 1947
REFERENCE NO, 65 OF 1993
PARTIES :
Employers in relation to the management of M/s. Centra! Coalfields Ltd 's Sayal 'D' Coliiei-y and their workman.
APPEARANCES :
On bohaJf of the workman Sliri S, N. Goswami,
Advocatc.
On bahaîf of the employers Shri D, K, Verma, 4-10-92. The management submitted that consider ing seriousness of the misconduct they had no alter- native way bu) to issue order of dismissal against the concerned workman with a view to prevent the other workers from committing any such mischief in future. I hâve considered the submission of the management. Tt is seen that as a resuit of the said accident the left thumb and little finger of the victim were chopped out as a resuit of which he has become disabîed and that disability cornes only due to whim- sical and unauthorised act on the part of the concer- ned workman. I therefore on considération of a!l the facts and circumstances hold that the manage- ment in dismissing the concerned workman did not commit any illegality. I also hold that it did not violate the principles of natural justice. Learned Advocate for the concerned workman in course of hearing submitted that. before passing the order of dismissal the disciplinary authority did not suppîy ail the relevant papers rclating to the enquiry and as a resuit of which the said order of dismissa! has been vitiated. In courss of hearing Learned Advocate for the concerned workman has failed to produce a single scrape of paper to show that in spite of bringing the matter to the notice of the disciplinary authority they failed and neglected to supply copies of the enquiry proceedings. It is net a case of the concer- ned workman that for want of relevant papers he coukl not submit any appcal before the superior authority. If the gravity of îhe offence is taken into considération thsn in that case I should say that order of dismissal passed by the disciplinary autho- rily was fair and proper and also in accordance with the principles of natural justice. As copies of the enquiry proceeding were not supplied to the concer- ned workman there is no scope to say that the offence committed by the concerned workman shall be if nored totally. It is seen that the concerned work- n.in committed serious misconduct for which the victim had to loss his two fingers. Therefore, I hold that as the diiCiplinary authority did not supply the copies of the enquiry papers there is no reason to believe thît the order of dismissal patsed by the disciplinary authority shall be vitiated. In the resuit, iSic following Award is rendered :
Advocate,
State : Jharkhand Industry : Coal
Dated, Dhanbad, tîie lltjx Docember, 2001 "The action of Ihe management of Bagdigi CollLry of M/s. BCCL in distrussing Shri Chandiika Lall, Fan Op^rator from services of the company is justified. Consequently, the con- cerned workman is not entitled to get any relief."
AWARD
B. BISWAS, Presiding Officer
The Govt. of India, Ministi'y of Labour, in exer- cise of the powers conietîcd on them under Section 10(l)(d) of the I.D. Act, 1947 has referred the fol- lowing dispute to this Tribunal for adjudication vide theii Order No, L-20012/281/92-IR. (Coal-1), dated the 21st May, 1993.
1205SCHEDULE
"Whether the action of the management of Sayal 'D' Colliery of M/s, C,C. Ltd. is justifiée in not correcting the date of birth of workman Shri Sarju Rabidas, in the service sheet from 25-9-1933 to 1-8-42 as per Identity Card ? If not, to what relief the workman is entitîed ?" 2, The case of the concerned workman accord ing to the W.S. in biief is as follows :—
The concerned workman in the W.S. sub- mitted that the management in the yeai 1987 suppJied service excerpt to him indicating bis date of birth as 25-9-1933, He subrnitted that his correct date of birth was 1-4-42 and the same was recorded in the Form B Register at the initial stage of his empîoyment, He further discîoied that the same date of birth was entcred in the I.D. Card and other documents of the company. Accord ingly he raised his strong objection and submitted représentation before the management wiîh prayer for rectification of his âge but instead of rectifying his âge the management asked him to attend the médical boaid of the Company. He further allegad that as the management was not satisfied with his service due to hisinvolve- ment in the union acîivities the said médical report was manipulated and for whicb his prayer was not at ail consideied, He alleged further that the médical board did not act properly and honestly due to the pressure of the management. They also did not examine him in accordance with the principles of médical jurisprudence, He submitted that the action of tbe management in not accepting his date of birth as 1-4-42 as per I D, Card is illégal and unjustjfied. Accoidingly he raised an industriaJ dispute before the ALC (C) Dhanbad which resulted référence to this Tribunal.
3. The management on the contrary after filing W.S.-cum-rejoinder hâve denied alî the claims and allégation which the concerned workman asseited in the W.S. The management submitted that the workman concerned was appointed at Bhutkunda Colîiery initially in the year I960. The said colliery was subsequently nationalised and came under the présent management in the year 1975, Later on the concerned workman was transferred to Sayal 'D' Colliery, from his original place of work i.e. Bhurkunda Colliery The management submitted that actualiy the date of birth of the concerned workman was 25-9-33 and it was duly recorded in the service sheet. But as after receiving the service excerpt the concerned workman agitated relating to his date of birth recor- ded in the Form B Register and suboiitted that his date of birth was 25-9-1940 and also as the concernad v*orkman failed to submiî any document in support of his cîairn, he was îeferred to the Apex Médical Board of the Company for assessment of his âge accdrding to the Implementation Instruction No. 76 dt. 25-4-1988. The Apex Médical Boaid after proper médical examination of the concerned workman determined his âge as 56years, 2 months and 8 days as on 2-12-89. The management according to the décision of the Apex Médical Board consisting of highly qualified doctors determined the date of birth of the concerned workman as 25-9-1933 which has been in his service sheet. But as the concerned work- man was not satisfied with the décision of the Médical Board he raised this industriaJ dispute, The manage ment submitted ihat they did not commit any ilJe gality or did not pass any arbitrary décision in recor- ding the date of birth of the concerned workmaa, It has been further submitted that !he industrial dispute which has been raised by the concerned work- man finds no basis at aJJ and accordingJy the manage- ment has prayed for passing an Award setting aside the prayer of the concerned workman,
4. The points for décision in this ïeference are :—
"Whether the action of the management of Sayal 'D' Colliery of M/s, C=C- Ltd is justified in not correcting the date of birth of workman, Shri Sarju Rabidas, in the service sheet from 25-9-1933 to 1-8-42 as per I.D. Card ? If not, to what relief the workman is cntitled ?" DECISION WITH REASONS 5. It is seen that the management in support ' their claim hâve examined three witnesses. On the contrary the concerned workman did not adduce any évidence to subsîantiate his claim, It is the spécifie contention of the concerned workman that his date of birth at the time of his employment was recorded as 1-4-42 in the service record. He further disclosed that the said date of birth was also recorded in his I.D. Card. Inspite of recording the date of birth as 1-4-42 the management in the year 1987 issued service excerpt to him wherefrom he came to know that his date of birth was recorded as 25-9-33. He sub- mitted that the said date of birth was illégal and arbitrarily recorded in the service excerpt by the management ignoring his actual date of birth and ignoring the date of birth recorded in the I.D. Card. Accordingly he submitted représentation before the management. The management on the contrary submitted that the date of birth of the concerned workman in the Form B Register was recorded as 25-9-33 and not as 1-4-42. Therefore question of taking any arbitrary décision on their part as alleged by the concerned workman did not arise. The management further submitted that the concerned workman at the time when he raised the dispute did not consider necessary to produce a single scrap of paper in support of his claim that his date of birth1206 THE GAZETTE OF INDIA : FESRUARY %- 2G02/MAGHA 13, 1923 [PART H-^Sse: -Wittl eoncerned workman also'hàd the scope to agita te on the point of his date of birth at much earjier stage but he did not do so. It is seen that when he has come to the fag of his service carrier he agitated this dispute. But inspite of raising such dispute he did not consider necessary to establish the same. As such after careful considération of ail the facts and circumstances I hold that the management did not commit any illegality or irregularity in recording the date of birth of the concerned workman in the Form B Register. Accordingly he is not entitled to get any relief.
6. In the resuit, the following Award is rendered :
"The action of the management of Saya! 'D' Colliery of M/s. C. C. Ltd. is justified in not correcting the date of birth of workman Shri Sarju Rabidas, in the service sheet from 25-9-1933 to 1-8-42 as per I.D. Card. Consequently the concerned workman is not entitled to get any relief."
B. BISWAS, Presidinç Officer
New Delhi, the 8th January, 2002
S.O. 339.—In pursuance of Section 17 of the Industrial Dispute Act, 1947Y14 of 1947), the Central
Government hereby publishes the award (Réf. No. 104/96) of the Central Government Industriaî Tribunal Labour Court-2, Dlianbad, as shownin th; Annexurs in the Industrial Dispute between the employers in relation'to the management of J.O.C.P. Block-2,, Areà and their workman* Which was received by the Central Government on 4-01-2002.
w as 1-4-42 and not 25-9-1933. Further the manage- ment submitted that relying on Circular No. 76 dt. 25-4-88 they asked the concerned workman to attend the Apex Médical Board for détermination of his âge. It is the contention of the management that the Apex Médical Board consisting of highly specia- lised doctors examined the concerned workman and submitted their report. The report of the Médical Board during évidence of MW-1 was marked as Ext. M-2. I hâve considered the médical report including the X-ray report and considering the report I hâve failed to find out any discrepancy relying on which the same could be disbelieved. It is the allé- gation of the concerned workman that his médical examination was not also properly held but neither in the W.S. submitted by him nor in course of hearing he failed to point out the discrepancy done by the médical board at the time of his médical examination in connection with détermination of his âge. As such I do not find any substantial footing to dis- believe the médical report submitted by the Médical Board. Moreover, no évidence is forthcoming before this Tribunal to show that immediately after his médical examination by the Board he raised his dis- pute in the manner and way he was examined medi- cally and therefore at such belated stage in absence of any cogent évidence I do not iind scope to accept such allégation extended by the concerned workman. In the service excerpt the concerned workman dis- closed that at the time of his initial appointment he was 18/19 years old. But in support of this claim the concerned workman during hearing has failed to produce a single scrap of authentic paper. Burden absolutely rests on the concerned workman to subs- tantiate his claim that he was actually 18/19 years old at the time of his initial appointment under the management. I hâve considered the Form B Regis- ter marked as Ext. M-5. From the Form B Register it appears that the date of birth of the concerned workman was recorded as 25-9-1933. It is further seen that the concerned workman also put his L.T.I. in the Form B Register when it was filled up. The date of birth which has been recorded in the Form B Register appears to be vcry much distinct and I do not find any sign of manipulation therein. If the report of the médical board is taken into consi- dération then in that case it can be easily assessed that the management did not commit any mistake in recording the date of birth of the concerned workman in the Form B Register. The concerned workman submitted that in the I.D. Card !his date of' birth was recorded as 1-4-42 but in course of.hearing the concerned workman has failed to produce the said I.D. Card for perusal of the Tribunal. As such jusi relying on the mère submission of the concerned workman I do not find any scope to uphold his con- tention relating to his date of birth as 1-4-42. The
[ No. L-r£0012/274/95-IR (C-T) ] S. IS. GÛPTA, Ùnder'Secy.
rm
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) AT
DHANBAD
PRESENT :
Shri B. Biswas,
Presiding Officer
In the matter of an Industrial Dispute under Section 10(l)(d) of the I.D. Act, 1947.
REFERENCE NO. 104 OF 1996 PARTIES :
Employers in relation to the management of J.O.C.P., Block 2 Area of M/s. BCCL and their workman.
APPEARANCES :
On behalf of the workman None.
On behalf of the employers Shri B. Joshi,
Advocate. State : Jharkhand Industry : Coaî Dated, Dhanbad, the 24th December,2001 that gross mistake. Even the management did not consider necessary to arrange for his médical examination according to JBCCI Circular No. 76. As a resuit the concerned workman raised an industrial dispute before the ALC(C), Dhanbad for conciliation but as the said conciliation failed the présent référence was made. The coneerned workman submitted his prayer with a direction to the management to get his âge assessed by the Apex Médical Board in view of the JBCCI Cir- culai- No. 76.
AWARD
The Govt. of India, Ministry of Labour, in exer- cise of the powers conferred on them under Section 10(l)(d) of the I.D. Act, 1947 lias referred the fol- lowing dispute to this Tribunal for adjudication vide their Order No. L-20012/274/95-IR (Coal-I) dated the 26th September, 1996.
3. The management on the contrary after filing W.S.-cum-rejoinder hâve denied ail the claims and allégation which the concerned workman asserted in his W.S. The management submitted that the date of birth of the concerned workman has been recorded as 12-6-36 in the Form B Register of the company. They submitted that the said Form B Register is a statutory document maintained under Section 48 of the Mines Act, 1952 and is presumed to be conclusive proof of the date of birth of the con- cerned workman. The C.M.P.F. as well as other documents of the company also indicate that the date of birth of the concerned workman was recorded as 12-6-36. Disclosing this fact the management sub- mitted that as ail the statutory documents supported Correct recording of âge of the concerned workman, there was no scope at ail to consider prayer of the concerned workman for his médical examination in the matter of assessment of his âge. Accordingly the management hâve prayed for passing an Award rejecting the cîaim of the concerned workman.
4. The points to be decided in this référence are :
SCHEDULE
"Whether the demand by the Union that the date of birth of Shri Ram Swarup Sao, Tiniber Mazdoor has been recorded incorrectly by the management of J.O.C.P. under Block II Area of M/s. BCCL is justified ? If so, to what relief is the concerned workman entitled ?"
2. The case of the concerned workman in brief is as follows :
The concerned workman in his W.S. dis- closed that he worked at Nudkhurkee Open Cast Project under Block II Area as Timber Mazdoor. It has been submitted that the date of birth of the concerned workman, was recorded as 12-6-1936 while the date of birth of his eîder brother Gogiî Sao was recorded as 23-*8-38. ; Hs submitted that thé âge of his eîder brother cannot be îess than that of his younger and, referring this the concer- ned workman submitted that his da.te of birth as 12-6-1936 was wrongfy recorded by ths manage- ment, and for which ,he raisad, objection in his service excerpt but inspite of raising objection the management did not consider necessary *to rectîfy "Whether the demand by the Union that the date of birth of Siïri Ram Swarup Sao, Timber Mazdoor has been recorded incorrectly by the management of J.O.C.P. under Bîock II Area of M/s. B.C.C.L. is justified 2 If so, to what relief is the concerned workman entitled ?"
DECISION WITH REASONS 5. It is seen from the record that inspite of giving several opportunities the concerned workman did " not consider necessary to substantiate his claim adducing évidence. It is the spécifie allégation of the concerned workman that Gogil Sao was his eîder brother and he was an employée under the management. He submitted further that date of birth of his said elder brother was recorded by the management as 23-8-38 while his date of birth was recorded as 12-6-1936. Therefore, if this fact is taken into considération it wiîl expose clearly that .the management wrongly recorded his date of birth in the Form B Register as weîl as in the service excerpt because of the fact that the ags of elder bxother cannot be Iess than his younger brother. The daim of the concerned workman definitcly on1208 THE GAZETTE OF INDIA : FEBRUARY %, 2002/MAGHA 13, 1923 [PART ÏÏ~$EC. 3(ii)] the face of the record cannot be wiped out. But before considering his submission onus lies on the concerned workraan to establish that Gogil Sao was his elder brother and his âge was recorded as 23-8-38. In support of the claim the concerned workman did not consider necessary to produce a single scrap of paper. Unless and until this fact is substantiated by the concerned workman there is littîe scope to uphold his contention that Gogil Sao was his brother and his âge was recorded by the management in the statutory register as 23-8-38 while his âge was recor- ded as 12-6-36. As the concerned workman inspite of getting sufficient opportunities hâve failed to subs- tantiate his claim at this stage just on the basis of his claim made in the W.S. I find little scope to uphold his contention and for which he is not enti- tled to get his relief. Accordingly the following Award is rendered :
"The demand by the Union that the date of birth of Shri Ram Swarup Sao, Timber Mazdoor has been recorded incorrectly by the management of J.O.C.P. under Block II Area of M/s. BCCL is not justified. Consequently the concerned workman is not entitled to get any relief."
B. BIS WAS, Presiding Officer New Delhi, the 81 h Januaiy, 20D2 S.O. 340.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Government hcreby publishes the award (Réf. No. 11/1994) of the Central Government Industriaî Tribunsl-2, Dhanbad, as sbown in îhe Annexure in the Industriaî Dispute bcîv/een the employers in relation to the management of Jarangdih Coîliery of CCL and their workmaa, which was received by the Central Government on 4-01-2002.
[No. L-200Î2/319/93-JR (C-I)]
S. S, GUPTA, Under 5-y.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) AT
DHANBAD
PRESENT :
Shri B. Biswas, Presiding Officer
In the matter of an Industrial Dispute under Section 10(1 )(d) of the I.D. Act, 1947
REFERENCE NO. 11 OF 1994
PARTIES :
Einpîoyers in relation to the management of Jarangdih Coîliery of M/s. CCL and their workman. APPEARANCES : On behaîf of the woïkman None. On behalf of the employers Shri B. Joshi, Advocate. State : Jharkhand Indjstry : Coal Dated, Dhanbad, the 24th December, 2001
AWARD
The Govt. of India, Ministry of Labour, in exer- cise of the powers conferred on them under Section 10(l)(d) of the I.D. Act, 1947 has referred the fol- lowing dispute to this Tribunal for adjudication vide their Order No. L-20012/319/93-I.R. (Coal-I), dated, the 22ïid December, 1993.
SCHEDULE
"Whether the action of tbe management to intimate the concerned workman Shri Ram Ayodhya about the correct date of birth in tbe year 1992 is légal and justified ? If not, to what relief the workman concerned is entitled to ?" 2. The case of the concerned workman according to his W.S. in brief is as foliows ;
The concerned workman in his W.S. sub- mitted that he was a permanent employée cf Jarangidh Coîliery of M/s. CCL since 22-7-59. It has been disclcscd that his actual date cf birth was 22-7-41 and it was duly recorded iu the officiai recerds at the time cf his cmplc y nient. But the management illegally and surreptiiicusly striking down the said date cf birth recorded his date cf birth as 22-7-1936 witheut giving him any opportunity to he^r. It has been Eubmitted by the concerned w^rkman that in ttc year 1979 his actual date of birth as 22-7-41 was ascertained as par médical examinatien and en the basis cf médical examinatien his date cf birth was cor- rected and duly recorded in the office paper. But the management wilheut considering that médical examinatien report sïriking down lhat 12<"
DECISION WITH REASONS ' ' date of birth reccrded his date of birtb as 12-7-41. He alleged that as inspite of repeated représenta- tion in this regard the management did not con- sider necessary îo rectify their fault he raised an indus trial dispute which ultimately resulted réfé- rence to this Tribunal.
5. It is seen from the record that inspite of giving several opportunities the concerned workman did not consider necessary either to submit the relevant documents in support of his claim or to give évidence. As a resuit, the management declined to adduce any évidence as onus to establish the allégation rested en the concerned workman. As a resuit, the Tribunal trading no'cther way was forced to elese the instant ease.
3. The management on the contrary after fiîing W.S.-cum-rejoinder hâve denied ail the claims and allégation which the concerned workman asserted in their W.S. The management submitted that the concerned workman was initially appcinted at Jaran- dih colliery with effect from 22-7-59 and his date of birth was recorded as 22-7-36 in the service bock maintained by the NCDC. The name of the said N.C.D.C. was subsequently changed with effect from 1-11-1975 as Central Coalfields Ltd. (CCL) fdlcwing reorganisation of the Coal Industry in tbe Central Public sector aftcr the national organisation cf the private coal mines in 2 phases in 1972 and 1973. They submitted that the concerned wc rkman ce nfirmed his date of birth as 22-7-36 in the aforesaid service book after the entries ma de therein were expia ined to him. The said entry was recorded en the basis of the déclaration given by the concerned werkman. Thereafter the concerned workman put his LTI in the service sheet being satisfied with its recording. The management alleged that in collusion with the Médical Officer of the colliery and also with some staff the concerned workman surreptitiously recorded his date of birth as 22-7-41 in service record striking down the date of birth "22-7-36". They alïegcd that for the said unauthorised and illégal altération cf date of birth made by the Médical Officer ccccerned in the service sheet of the concerned workman was detected by the Task Force from the headquartcrs of the company, a departmental proceeding was initiated against the said Médical Officer fer cem- mitting such illégal act. Thereafter the management rectified the said illégal act committed by the Médical Officer and confirmed the original entry made in the service sheet of the concerned workman relating to his date of birth as 22-7-36 by an office crder issued on 29/31-7-1992. The management submitted that by reotifying the said date of birth which was illegaîly recorded, they did not cemmit any mistake or ille- gality and accerdirtgly the management bas prayed for passing an Award rejecting the claim of the concerned workman.
4. Th; points for considération in this référence
are :—
6, From the pleadings I find no .dispute to hold that the concerned workman was an employée undtr the management. It is the contentic n of the manage- ment that at the time of entry of the concerned work- man his date of birth as 22-7-36 was reccrded in his service record in vîsw cf the • déclaratif n given by him, The management further submitted that after recerding his date of birth and service particuiars its contents were read over and explained to the con- cerned workman and he being satisfied with the recerdiog cf the contente put his LTI in the service sheet. Considering the submission cf bclh sides it is clear that the date of birth cf the ccccerned werkman as 22-1-41 was rec_rded as per médical examination report. It is the spécifie contentic n of the management that the ccnccrncd werkman was never forwarded te the Médical Bcard fc r nis médical examination as there was no dispute at ail relatirg to his âge. The management specifieally submitted that the concerned workman in collusion willi tl:e Médical Officer and some staff brevght eut the service record and thereafter the said Médical Cfficcr reoorded date of birth cf the concerned werkman as 22-7-41 striking dcwn the' original date cf birth as 22-7-36. This fact was detected by ,the hçadquartcrs staff in course cf enquiry and thereafter a preceedinj was initiated against the said Médical Officer. The concerned workman aise relied cr. îbs report cf t!:e médical officer relating to his date cf birth as 22-7-41. There was no question at ail to rec.rd new date cf birth of the concerned workman rectifying the pre- vious one until and unless the circumslances so prevailed. The concerned werkman in ce urse cf hearing has failed to explain under .which circums- tances he was medically examinée! by the said Médical Officer and hcw his date cf birth as 22-7-41 was recorded in the service buck by the Médical Officet. There was scope on the part cf the cencer- ned workman to give his reply but it is seen that inspite of getting cppcrtunity the concerned werk- man did not turn up. As such at this juncture I do net find any reason to disbelieve the submissirn made by the leamed Advccate frr the management. As the concerned werkman has failed to substantiale his claim by addueing cegent évidence it is net cx- pected that en the basis cf the facts discîcced in his "Whether the action cf the management to intimate the concerned workman Shri Ram Ayodhya abeut the correct date r{ biith in the year 1992 is légal and justified ? If net, to what relief the workman concerned is entitled to ?"Î21Û THE GAZETTE OF INDM : FBB"UAR¥ % 20G2/M&GHA 13, 1923 [PART H—Sas,.3{"*j W.S. the same can bs acçepted. As such I hcld that the concerned workman is not entitled te get any relief which he has prayed for.
6. An Award is passed acee rdingly.
B. BISWAS, Presiding Officer New Delhi, the 8th January, 2C02 S.O...34Î.—lu pursuance cf Section 17 cf the Industrial Dispute Aci, 1947 (14 cf 1947), the Central Government bereby publishes the award (Réf. No. 24/92) cf the Central Governirenî Industrial Tri- bunal/Labeur Ccurt 2, Dlianbad as shewin in the Annexurc in the Indu;*rial Dispute between the employer; in relation tj the nier; âge ment cf Sijua Collic.y of N/D. Tr.co ar.d their werkman, which was rcceived by the Central Gcvernmsnt en 04-01-0?.
[No. L-20025/6/92-IR(C-I)]
S. S. GbrTA, Under Sscy.
ANNEXUP.E
BEFORE TFE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD PRESENT
Shri B. Biswas,
Presiding Gfïîcer
ï;\ the matter cf an Ir.dustrial Dispute under Secticn 10(1.i4) -A tlu Î.D. Act, 1947.
FE"EPENCE NO. 24 OF 1992 PARTIE 3 : S'tipl vers in relation te the management cf SJui C-lliery
APPEARANCES ;
On bohalf ;f the wcrkm;n : Ss.ri S. N. Gcswaini,
Advccate.
On b:haL"cf the empk; ers ; S'rd B. Jcshi,
Advrcrte.
State ; Jharkhand Ii.tlaJ;j ; Ce al.
• Dated, Dkmbad, the 24tk December, 2001
AWARD
The Govt. cf India, Ministry cf Labeur, in exer- cise -f the pewers cenferred en the m under Secticn 10 (l)(d) cf the I.D. Act, 1947 has referred the fcl- lowing dispute to this Tribunal fer adjudication v;ce their Order No. L-20025/6/92-IR (Ccal-I), dated, the 5th May, 1992.
SCHEDULE
"Whelher the demand cf Rashtriya Cdlieiy Mazdcc r Sangh fcr cerrectii n iv the date r f biilh cf Shri Ram Me y Rcy, S.B. Attendant. Sijva Colliery cf TISCO. is justified? îf £c, te v/rat relief is Lhe w^ikman entitled?"
2. The ca-e cf the ccncerncd werkman in brief is as fcllcws :
The ccncerncd werkman in his W.S. submitted that he was permanent employée cf Sijua Ccliieiy under M/s. Tisco. Lid. in tl.e capacity cf Switch Board Attendant. He submitted that he was ap- pointed in the said celliery en 12-8-52. He fuitber submittd thaï at the time cf his entry in the service his date cf birth was recerded as 12-8-1928 k pièce cf actuel date cf birth 12-8-1933. Acccrdingly te be submitted représentation several times befere the management fer rectificaticn cf his date ef biîth but the management did net pay any heed. There- after the cencerned werkman raised an irdustrial dispute before the (ALCCC), Dhanbad which ulti- mateîy resuîted référence te this Tribunal.
3. The management en the entrary after filins W.S.-cum-rcjoinder hâve denied sll daims and allé- gations which ihe cencerned werkman a;;serted in this W.S. The management submitted that the cencerned werkmar at the time cf his entry in the service deelared his date cf date cf birth as 12-8-28. Thereafter I.D. Card was issued in his faveur in the year 1959 shewing ail the particulars cf his tmplcy- ment including his date cf birth as 12-8-1928. He was also issued Bcnus Card which also centained his date cf birth as Î2-8-28 besides ether particulars. Thus the cencerned wcrlman v/as fully aware that his date cf birth was 12-8-28. Apart frem ail thèse facts the management issued individual lelters to ail the employées werking under them inviting their attenîicn to the date cf birth recerded in ccmtary's recerd. Each werkman was advised to apply fer ce rrectic n < f h is date c f birth in case any mistake was committed by the werkman at the initial stage cf his emplcynier.t. The said. let'er was is^ued in the year 1966 but at that relevant time the cencerned workman did net raise any cbjectien against the date cf birth entered in the recerds cf the manège- ci ent. In that. circular it was specifically mentioned1211 tliat those persons who wouîd net raise atiy objec- tion of date cf birth will net be entitled to raise any dispute over the recorded date c-f birth centained in the record of the management Thereafter it has been submitted by the management that the R.C.M.S. union requested the management in the year 1977 that for some reascni- or the other some worktnen could not avail of the opprrtunities givec to them in the year 1966 to submit application fer correction of their date of birth appearing in the company's record. On the basis of the request made by the union the management agairi issued a circular in the yeai 1977 inviting application from the werkmen who could not apply for correction of his date of birth on account of spécial difâculty. The cencern- ed workman too did not apply for correction of his date of birth in the year 1977. Thereafter last chance was afforded in the year 1980 to such workmen who could not avail of the cpportunùy for applying for correction of their date cf birth on earlier occasion on account of satisfactory reason. The concerned workman at that time also did not apply for correc- tion of his date of birth. Accordingly the manage- ment finally closed the issue by inviting applications for correction of date of birth in the year 1980 and did not permit any workman for correction of his date of birth in future. The management further submitted that the concerned workman even was given opportunity to produce authentic document in proof of his âge but the concerned workman failed to submit any such paper. As a resuit, the manage- ment submitted that as the claim of the concerned workman was baseless they couJd not consider his prayer. Accordingly the management submitted their prayer to reject the claim of the concenred workman.
4. The points for décision in this référence
are ;
"Whether the demand of Rashtriya Colliery Mazdoor Sangh for correction in the date of birth of Shri Rammoy Roy, S. B. Attendant, Sijua Colliery of M/s. Tata Iron & Steel Ce. is justified? If so, to what relief is the workman entitled?"
DECISION WITH REASONS
that to that effect in the yeâr 1984 he sworn an affi- davit though he submitted an application in support of his claim on 14-8-80. He al?o admitted that he did net apply for correction of his âge in the year 1966-67 and 1980, The concerned workman in support of his claim relied on the Horoscope, School Leaving Certificate issued by Ethcra Sris Chandra Institution marked as Ext. W-l and W-5. From the school leaving certificate it transpires that his date of birth was recorded as 12-8-33. The said certifi- cate was issued by the said institution on 1-2-86. The management submitted tha+ the concerned work- man entered into his service in the year 1952 and at that time of entry the concerned workman gave ail particulars which were duly recorded in his service bnok. At that time he dissclc-sed his date of birth as 12-8-28. The management submitted that after his entry in the service l.D. card and Bonus card were issued to the concerned workmen where in his date of birth was recerded a* 12-8-28. Inspite of knowing this fact the concerned werkman did not raise any dispute. Even thereafter in the year 1966- 67 and lastly in the year 1980 a circular was issued individually to ail the workmen inviting their atten- tion to the date cf birth recorded in the Company's record. Each of the workman by the said circular was advised to apply for correction of his date of birth in case of any mistake was committed by the workman at the initial stage of his employaient. It has been alleged by the management that inspite of giving such opportunities the concerned workman did not consider necessary to avail of the same. He only raised this dispute in the year 1980 but in support of his claim he has failed to produce any authentic document. The management submitted that the concerned workman got his entry in the service in the year 1952 and thereafter he remained idle for 28 years in the matter of raising dispute for rectifica- tion of his âge. The workman inspite of getting opportunity for rectification of his âge by the manage- ment did not consider necessary to make any such submission. The concerned workman relied on the School leaving certificate marked as Ext. W-5 in support of his claim. The school leaving certificate was issued by the Institution on 1-2-86. The con- cerned workman did not consider necessary to exa- mine the Hcad Master of the Institution to preve the register of the school wherein his date of birth was recorded. In this connection JBCCI Circular No. 76 may be taken into considération. In the said circular it has been clearly pointed out that the ma- nagement shall review/determine the date of birth in respect of existing employées Matriculation certi- ficate or Higher Secondary Cetificate issued by the recognised Universities or Board or Middle Pass Certificate issued by the Board cf Education and/or Department of Public Instruction and admit cards s 5. The concerned workman in course of hearing examined himself as witness in the instant case in order to substantiate his claim. The management on the contrary did not examine any witness. It is the spécifie contention of the concerned workman that at the time of his appointment his date of birth as 12-8-28 was recorded wrongly in the service record. He submitted that his date of birth was actually 12-8-33 and to that eifect he submitted représentation before the management for rectification of his date of birth. This witness during his évidence admitted
210 GII2002—50.
1212 THE GAZETTE OF 1NDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 (PART II—SEC. 3(.ii)j[issued by the aforesaid Bodies shculd be treated as correct provided they were issued by the said Uni- versities/Boards/ Institutions prior to the date of employaient. Hère the picture is quite différent and the concerned workman claiming rectification of his date of birth contrary to the guidelines given in the said JBCCI circular No. 76. It is seen that the said School Leaving Certificate was issued on 1 -2-86 i.e. long years after getting his employment. More- over the concerned wcrkman did not considcr neces- sary to prove the genuinity of the certificate by exam- ining the school authority. As such relying on this certificate I find little scope to uphold his contentio n relating to his date of birth as 12-8-33. It is the settled principles of law that if any such dispute relating to âge is raised it should be raised at the earliest opportunity. From
6. fn the resuit, the follcwing Award M> render- ed ;
'The demand ef Rashtriyi Collier}' Mazdoor Sangii for correction io the date cf birth cf Shri Ram Me y Rcy, S. B. Attendant, Sijua Colliery of Tiseo is n< î justified. Ccrisequetitly, the cen- cerned workman is not cntitïed to get any re- lief."
3. BISWAS, Presiding Officer New IXY<\:. ihe 8fh Janua:y. 2002
S.O, '-4''.—It! Pur^m.'ice cf S..i/u'-n il
[No. L-l2012/46/99-IR(B-IQl C. GANGADHARAN, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVBflNMENT INDUSTRIAL TRIBUNAL, NAGPUR PRESENT SHRT B.G. SAXENA, PRESID1NG
OFFICER
REFERENCE NO. CGIT ; 34/2000 CENTRAL BANK OF INDIA
AND
SUNIL GANPATRAO KEWALE
AWARD
The Central Government Ministry of Laour, New Delhi, by exercising the powers conferred by clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of the lndustrial Dispute Act, [947 as referred this dispute for adjudication vide order No L-12012/46/99 IR(B-IT) dated : 04-11-06-99 on the t'ollowing schedule
SCHEDULE
"Whelher the action oc the management of Central Bank of India threugh ils Regi< rial M'anager, Régional Office, Amravati in terminat- mg the services rf Shri Sunil Ganpatrao Kewale w.e.f. 16-10-98 îi légal, proper and justified? If not. what relief the said wcrkman is entitJed?" The workman Suni) Ganpatrao Kewale !;<"s sub- mitted his Staiemetit c f Claim lhat he was appointtd in Centra! P?r,k oF fadia. Brjnrn Office a" Achalpur as Pficn since 1988. Ke was being p£i'd Rs. 85 fer cay. His service wac. tern.inrtcd frr m 16-1C-98 ijk-^aly. No rcrin: w1- rJvcn t'^ him fVr tcrrurr.iicn cf his srrvice. Afitr ii:-" tcrir.int-itii.n five c\W.r j,er- • •: r,= have !'>cc-r i.akc'! •. ' Hic.... b. His îcr/niiufir .] is her-v ". r.: l'^gû! and r:.. •-!''" uio h;: •\-îi.str"-f -ci.
The nî;:r!.'vgem--Ti . •' Cthiwl I^:-iik cl' Ir.d:;i l"-as cctitî'Sted 'hcc'Mn: t n hlsgii" und tl.c.t San il G. Kcw a le- v as r ct appciiited as Si.b Staiî hy the bark an>iin;o.
1213réquired. Shri Sunil G. Kewaîe had workedas imder :
1988—lldays
1989—48 days
1991-45 days
1992—47 days
1993—37 days
1994—45 days
1995—56 days
In none of thèse years he worked contineously. He was occasionaly called when permanant employée was on leave. He was therefore not entitled to any relief claimed by him.
Both the parties hâve submitted their Oral évi- dence. The management has also submitted the documentary évidence to show the number of work- ing days and the dates on which Shri Sunil G. Kcwale worked during the year 1988 to 1995. This docu- ment is Annexure-1.
I hâve considered the entire Oral and Documentary évidence submitted by the parties and the Written Arguments submitted by them. In his statement in the Court on 14-09-2000 the workman admîtted that no appointment letter was issued to him. He had breaks in the duration of his service. He did not work for more than 60 days in any caiender year. He had not submitted any document to show that he had worked for 240 days contineously.
The management has examined Shri Tariq Rouf Khan, Branch Manager from the side of manage- ment. He says that whenever there was r"ccesstty to call any person for work then the person s are employed on daily wages. No Master Roll is maiii- tained for daily wages employée. The workman did not work in his présence anytime.
From the document Annexure-1 submitted by the management it is clear that Sunil G, Kcwale did not work foï" more than 56 days in any calender year from 1988 to 1995. The woricman is Uierefore not entitled to any relief clrimed by him.
In 1988 LAS-IC1 746, Kamataka Kigh ConrL Karar Vysya Bank Employées Union, Bangalore V. Prcsiding Officer. C.G.I.T. Court. Bangdorc and another.
"It Wfs hnld" -services of person utilise? iirtcrraï- tently to do certain work wliich arose or.ly on cc.-.ain occcsior—eir.ployment i" of casual maure and not connected wilh the work cf chc ban le The employée aîso faiied lo prove that he had worked for 240 corn ineous
In view of the above facts and évidence the work- man S. G. Kewale was not in contineous employment of the management.
The management was not réquired to follow the provision of retrenchment before terminating the service of the workman.
The employment of other person on Casual basis was immaterial.
The Tribunal has jurisdiction to décide the ré- férence.
The action of the management of Central Bank of India in terminating the services of S.G- Kewale w.e.f. 16-10-98 was légal, proper and justified.
The workman is not entitled to any relief claimed by him.
ORDER
The action of the management of Central Bank of [ndia through It's Régional Manager, Régional "Office, Amravati in terminating the services of Shri Sunil Ganpatrao Kewale w.e.f. 16-10-98 is légal, proper and justified.
The workman is not entitled to any relief claimed by him.
The référence is answered accordingly.
Date: 10-12-2001
B. G. SAXENA, Presiding Officer L N CW l ^ ^ l i i ï, LIJV UL3Î ^ C l ï J L t i l i J, JJK)\J£* S.O. 343.—In Pursuaiîce of Section 17 of the Industrial Dispute Acî, 1947 (14 of 1947), the Certral Government hereby publishes the award (Réf. No, 201/2000) of the Central Go ver™ mer. t Frdustrial Tribunaî-cum-L^boiir Court, Na£pixr as shown m Lhe annexure in tlte fcclystriai Dispuie b3iween ihe employers in relatior. to the managcmeiit cf Bank of India and their workman, whïcii was receiviîrf by the Central Government on 7-01-2002.
fNo. L.-i: 0i:7440/89-D-II(A)] C. G A N G A r H A R A N, Under S:cy.
1214 THE GAZETTE OF INDIA : FEBRUARY 2, 2002-MAGHA 13, 1923 [PART II—SFC. 3 ( U )]ANNEXURE
BEFORE THE CENTRAI. GOVERNMENT INDUSTRIAL TRIBUNAL, NAGPUR PRESENT :
Shri B. G. Saxena, presiding Ofiicer REFERENCE NO. CGlT : 201/2000 The Zona! Manager. Bank of India
AND
Shri Madan NaLhuji Walde
AWARD
The Centra! Government. Ministre of Labour, New Delhi, b\ exercising tlie powers conferred by clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of the jndustria] Dispute Act, 1947 had referred this dispute for adjudication vide order No. L-l2012/440/89 DII (A) dated 26-03-90 to C.G.I.T., Jabalpur on the tbllowmg Schedule.
It was transferred froin Cfï I.T., Jabalpnv to C.G.I.T., Nagpur vide order No. L-12012/440/89- Dn(A) dated 17-07-2000.
SCHEDULE
"Whether the action of the management of Bank of India in dismissing Shri Madan Nathuji Walde from the services of the Bank is> justified ? If not, to what relief is the workman entitled*"
The above référence was sert by the Ministry of Labour, New Delhi, vide order dated 26-03-90 to C.G.I.T. Court al Jabalpur. This file remained pending at C.G.I.T.. Jabalpur upto August, 2000. U was received by transfer vide order dated 17-7-2000.
The workman Madan S/o. Nathuji Walde had submitted Statemenl of Claim at C.G.I.T., Jabalpur on 03-06-90.
The workman has claimed that he had passed Vlllth Standard examination and was appointed on daily wages in 1970 al Rank of India. He was appointed as Part Time Permanent Employée in 1973 and his service was regularised as Sub Staff (Peon).
In 1986 he was working as Sepoy-cum-Hamal at Somalwada Branch of Bank of India. He was also doing the job of Daftari.
]t is further mentioned that the workman has been charged for fraudulently withdrawing Rs. 670/- from the Savings Bank Account No. 1340 of N. G. Thete on 12-04-86. The workman was suspended from 27-11-86. The Charge Sheet was submitted against him on 03-04-87. The undernoted charges were framed against him :
(a) You forged the signature of Shri N. G. Thete, holder o{* Savings Bank Account No. 1340 with the Branch on the withdrawal slip for Rs. 670/- (Rupees Six hundred seventy only) prepared by you to the débit of the af-ir^said arcnnnt; and
(b) You used the said withdrawal slip for i'rau- dulenlly withdrawing an ameunt of Rs. 670/- (Rupees Six hundred seventy only) from the Savings Bank Account No. 1340 rf Shri Thete on 12th Apri!. 19X6.
The workman has mentioned in Statement oi" Clann thaï enquiry was noi conducted fairly against htm by A. G. Bhalerao, Manager. Gandhi Bagh Branch. He was nol allowed to défend himseli through an advocate.
He wa> represented by Shri S. K. Patil in the enqairy proceedings.
On 19-11-86 the coinplaint was received frorr N. G. Thete Lhat workman has withdrawn Rs. 670/- frora his Savings Bank Account No. 1340 on 12-04-86. The signature and the writing on the withdrawal slip were sent for comparison with the spécimen writing of the workman to the document examiner Jayant Kotwal. The évidence was recorded during the enqairy proceedings and the Enquiry Officer sub- mitted enquiry report on 28-10-87. The workman was JLUO providsd opportunity of personal hearing bTthe disciplinary authority on 04-11-87.
The disciplinary authority on 13-11-87 finally passed the dismissal order.
H.e also preferred appeal and the appellate autho- rity dismissed his appeal on 07-03-88.
The management of the Bank of India submitted Written Statement and stated that the workman was given opportunity to défend himself in enquiry pro- ceedings throtigh the defence représentative of his choice S. K. Patil. The defence représentative S. (C. Patil was Président of Backward Class Employées Association. The copies of the documents were supplied to the workman M. N. Walde on 16-07-87. The list of witnesses which were to be examined in the enquiry was also given to the workman on same day, The enquiry proceedings were signed by the workman himself.
The witness N. G- Thete, who had submitted complaint against the workman was examined during the enquiry and he was cross-examined by the work- man. The évidence of Jayant Kotwal was also recorded. He supported the allégations against the workman. The charges were proved against the workman and hence show cause notice was issvied to him on 04-11-87. The enquiry report was consi- dered by the disciplinary authority and the appellate authority. The disciplinary authority and the appe- late authority had also granted Personal hearing to the workman.
1215Both the parties hâve submitted their documents: M. N. Walde, workraan had submitted affidavit in C.G.I.T., Jabalpur. He was cross-examined en 23-09-95.
After receiving the file in this Court, the work- man's defence représentative S. K. Patil moved appli- cation that the workman wants to preduce witnesses C. R. Joshi and M. W. Patil. The affidavit cf M. W. Patil was submitted in C.G.I.T. Court, Jabalpur on 25-03-96. The workman was allowed to preduce witnesses for cross-examination.
On 17-04-01 the workman represent that he cannot produce witness M. W. Patil for cross- examination and the witness be discharged. The workman also did not produce C. R. Joshi in his defence. The workman closed his évidence on 17-04-01.
A. G. Bhalerao was examined from the side of the management. The Enquiry Officer A. G. Bhale- rao was cross-examined by S. K. Patil, the defence représentative of the workman on 07-6-01.
Both the parties submitted their Writien Argu- ments. The defence représentative of the workman and the représentative of the management did not prefer to argue the case orally.
I hâve considered the entire oral and documentary évidence on record and the arguments submitted by the both parties.
In the cross-examination A. G. Bhalerao, Enquiry Officer has mentioned that the signature and the writing which were prepared by the workman on withdrawal slip were sent for comparison with the spécimen writing of the workman. The handwriting expert Jayant Kotwal was also examined in the enquiry proceedings. This witness Jayant Kotwal was cross-examined by the workman. Jayant Kotwal had submitted undernoted opinion :
The body writings and the signatures on the withdrawal slip dated 12-04-86 was not in the handwriting of the Account Holder N. G. Thete.
The body writing on the withdrawal slip was in the handwriting of M. N. Walde.
N. G. Thete had also told to the Enquiry Officer that he had not withdrawn Rs. 670 from his Account No. 1340 on 12-04-86. The workman had no enmity with the Account Holder. Therefore there is no reason to believe that the Account Holder N. G. Thete hàd any motive of implicating the workman falsely. The statement of N. G. Thete was there- fore supported by the Handwriting Expert Jayant Kotwal, the examiner of documents.
210 GH2002—51.
la the Written Argument it is mentioned th£ the workman was not allowed to engage any counsel In the departmental enquiry it is not necessary to permit the advocatc. In AIR 1972, Suprême Couri Page 2178', C. L. Subranuwium V. Ihc Collcctor oi Customs, Cochin it is- held that "the Governmem servant may présent his case with the assistance oi any Government servant approved by the disciplinary authority, unless the disciplinary authority permits him to engage a légal practitioner. The workman had not obtained the permission • of disciplinary authority to engage a counsel. Hence the argument that the workman could not défend himself properly, is meaningless."
The enquiry report itself shows that the workman had taken the help of another workman S. K. Patil during the enquiry proceedings. So he had full opportunity to get himself represented with S. K. Patil who was Président of Backward Class Emp- loyées Association. The witnesses of the manage- ment were cross-examined at length by the workman. He was also provided opportunity to produce his defence. In the above circumstanees the enquiry was conducted fairly and impartially and according to the principles of natural justice. The Enquiry Officer has also mentioned that he has based his enquiry on the évidence on the record.
The workman M. N. Walde has admitted in cross- examination that prior to this occurrence as well, he was suspended and was also punished twice for misconduct. The workman has also admitted that he had submitted his defence arguments before the disciplinary authority. Personal hearing was also accorded to him by the appellate authority.
The workman did not produce any Haud Writing Expert in this Tribunal to challenge the testimony of Hand Writing Expert Jayant Kotwal.
Considering the entire oral and documentary évidence on record I therefore hold that the action of the management of Bank of India in dismissing Shri Madan Nathuji Walde from the service of the bank was justified. The punishment awarded to the workman also cannot be considered harsh or dis- proportionate, as the workman was involved in fraudulently withdrawing Rs. 670 from the Savings Bank Account of N. G. Thete, Account Holder.
ORDER
The action of the management of Bank of India in dismissing Shri Madan Nathuji Walde from the service of the bank is justified.
The workman is not entitbd to any other relief claimed by him.
The référence is answered accordingly.
Daîed : 07-12-2001
B. G. SAXENA, Presiding Officer1216 THE GAZETTli Oh 1NDIA : FliBRUARY 2, 20U2/MAGHA 13, 1923 [PAKI II—SEC. 3fii)i New Delhi., the 8th January, 2002 S.O. 344.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the award (Réf. No. 28/99) of the Central Government Industrial Tribunal cum-Labour Court, Bangalore as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of Corpo- ration Bank and their workman, which was received by the Central Government on 07-01-2002.
[ No. L-l2025/1 /2002-IR (B-II) ] C. GANGADHARAN, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR
COURT
"Shram Sadan"
G. G. Palya, Tumkur Road, Yeshwantpur, Bangalore-560022.
Da^ed : 31 st December, 2001 PRESENT : Hona'ble V. N. Kulkami Presiding Officer
ID 28/99
I Party
II Party
1. The Chief Manager, (DiscipJinary Authority), Sri Mukund B. Kulkarni, S/o Sri Bonda Rao V. Kulkarni, C/o V, T. Sabnis, Plot No. 28, Nehrunagar, Gokuï Road, HUBLI-580030,
Mangaladevi Temple Road, P B No, 88, MangaJote-575001, D. JC District.
2, The Deputy General
Manager, (Appelîate Authority) M/s Corporation Bank Ha O, Mangaladevi Temple Road, P. B. No. 88, Mangalore-575001. D. K. District
3. M/s. Corpoiation Bank (Wholly Owned by the Govt. of Inclia), Head Office, Manga- ladevi Temple Road P. B. No. 88, Mangalorc-575001.
APPEARANCES :
I Party : V. Narasimha Holla
Advocate
II Party : Pradeep S. Sawkar Advocate
AWARD
1. Heard both sides. It is seen from the records that in the instant case, the workman filed application under Section 10(4) A of the Industrial Disputes Act directly before this Tribunal. It appears îhat the workman has a.lso filed Writ Pétition 23198/1996 and that was disposed off directing workman to approach this tribunal by raising dispute as per the provisions of Industtial Dispute Act 1947.
2 Mr Holla very fairly and rightly submùted, in view of the décision of tha High Court of Karnataka reported in ILR 2000 KAR 3493 pétition under Section .'0(4) A directly filircg is not ma>nta>nab]e, but lîe says that before filing this pétition, the workman has approached the conciliation authorities and the workman is directed to follow the correct procédure where the earlier proceedings were in progress, in other words where the conciliation proceedings were pending In view of this submission and the décision of the High Court of Karnataka referred earlier, I proceed to pass the following order.
ORDER
This référence I. D. 28/99 is disposed ofï as not maintainable with liberty to the parties to take proper steps and raise Industrial Dispute accordingly.
(Dictated to the L. D. C. in open court, trans- cribed by him, corrected and signed by me on 31st December, 2001).
V. N, KULKARNI, Presiding Officer1217 New Delhi, the 8th January, 2002 S. O. 345.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of J947), the Centra! Government hcrcby publjshes the award (Réf. No. 45/98) of the Central Government Industrial Tiibunal-cum-Labour Court, Bangelore as shown in the annexure in the Industrial Dispute between the employers in relation to the management of LIC of India and their woïkman, which was received by the Central Government on 07-01-2002.
[No. L-17011/2/97-1R (B-II)] C. GANGADHARAN, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT
"SHRAM SADAN'\
III MAIN, III CROSS, II PHASE. TUMKUR ROAD, YESHWANTHPUR, BANGALORE
Dated : 21st December 2001
PRESENT
HON'BLE SHRI V. N. KULKARNI, B. Com, LLB PRESIDÏNG OFFICER CGIT-CUM-LABOUR COURT,
BANGALORE.
C. R. NO. 45/98
1 PARTY
II PARTY
Sr. Divisional Manager,
LIC of India. Divisional Office, Ajjarkad, Udupi-576101
Udupi Taluk General Workers Union Secretary. UTGWO. CITU Office, Court Cross Road, Opp. USHA Hôtel, UDUPI-57601
AWARD
, K.The Central Government by exercising the powers conferred by clause (d) of Sub-section 2A ofthe Section 10 of the Industrial Disputes Act, 1947 has referred this dispute vide order No. L-17011/2/97-1R (B-1I) dated 23rd April, 1998 foi- adjudication on the following schedule :
SHEDULE
"Whether the action of the management of LIC of India, Divisional Office, Udupi in not acceding to the demand of Udupi Taluk General Workers Union (CITU) in absorption of S/Shri Shrinivas, Ganapathi, Thukarama, Mahabala, Krishna Bhat, Vasudeva and Ravindra is légal and justified ? If not, to what relief ihe workmen are entitled ?" 2. The first party union has raised this dispute on behalf of Seven Workmen who were the members of the first party union. Seven workmen were working in the Canteen run by the second party in its Divisional Office at Ajjarkad, Udupi and they were not absorbed. The duties of the workmen is stated in para 3 and 4 of the Claim Statement. Hence this Industrial dispute is raised.
3. Parties appeared and flled Claim Statement and Counter respectively.
4. The case of the first party workmen is that they were the employées of the Second Party and the Canteen was run by the Second Party and the workmen worked for many years. The workmen were not absorbed. The union has prayed to pass award in its favour.
5. The case of the Second Party in brief is that there is no relationship of employer and employée between the Second Party and the members of the first party. The LIC Employées Co-operative Canteen Ltd., Udupi, is a co-operative Society registered under the Co-operative Society Act.
6. The main contention of the management is that there is no relationship of employée and employer between the first party workmen and the management.
7. It is seen from the records that the first party remained absent continuously. First party union has not adduced any évidence and no documents are filed.
8. I hâve heard the management. The first party union has not proved its case on behalf of the workmen. Considering ail this 1 pass the following order :
ORDER
The référence is rejected.
(Dictated to PA transcribed by her corrected and signed by me on 21st December, 2001) V. N. KULKARNI, Presiding Officer1218 THE GAZETTE OF INDIA : FEBRUARY 2, 2002/MAGHA 13, 1923 [PART I I — S E C. 3(ii)] New Delhi, the 7th January. 2002 S. O. 346.—In pursuance of Section 17 of the Jndustrial Disputes Act, 1947 (14 of 1947) the Central Government hereby publishes the award (Réf. No. CGIT 45/2000) of the Central Government Industrial Tribunal/Labour Court Jaipur as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of Jawahar Navodaya Vidyalaya and their workmen, which was received by the Central Government on 7-1-2002
[No. L-42012/92/2000-IR(DU) K.ULDEEP RAI VERMA, Desk Officer
ANNEXURE
BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JAIPUR Case no, CGIT 45/2000 Référence No, L-42012/92/2000/IR (DU) daled 09-08-2000 Shri Kailash Chandra Harijhan S/o Shri tundaram, VPO:Gudachandraji, Sawai Madhopur (Rajasthan) AppJicant
Versus
The Principal, Jawahar Navodaya Vidyaîaya, Jax Baroda, Gangapurcity, Sawai Madhopur,
Rajasthan Non-AppJicant Attendance :
For the Applicam Shri P.C. Swami, Advocate For the non-Applicani Shri V.S. Gurjar, Advocatc Date of Award 13-12-2001
AWARD
The Contra! Government vide ordcr menti oncd above has referred the following dispute under clause (d) of sub-section (1) aud sub-section 2(A)of Section 10 of the Industria! Dispute Act, 1947 (hereinafter rcferi'cd as the Act, 1947) l'or adjudication,
SCHEDULE
"Whcîther the termination of secrives of Shri Kailash Chand S/o Shri Kundaram from post of sweeper-cum-chowkidar from 31-10-98*.by ihe management of Jawahar Navodaya Vidya- Jaya Jat Baroda. Gangapurcity is Jegal and justi- fied? If not, to what relief the disputant is enti- t!ed and from which date?"
The applicant filed the statement of claim stat- ing that lie was given appointaient on the post of chowkidar cum-sweeper by non-appliant w.e.f. 20-5-95. Since then he was working continously. His services were however terminated by non-appli- cant vide oral order dt. 31-10-98. He had compleied 240 days service in each ycar prior to the date of term i- nation of service. His nature of work was perma- nent. He also appeared in interview for the above post on 11-3-98 but he was not selected. His ser- vices were terminated in violation of Section 25-F, G, H & N of the Act, 1947 and rule-77 & 78 of the Industrial Dispute (Central) Rules 1957 (hereinafter referred as the Rules, 1957). It was prayed that the termination of services may be held illégal and" void and he may be reinstated in service with full back wageswith costs.
The non-applicant in reply stated that Navodaya Vidyalaya Samiti (herinafter refered as the Samiti) is registered under the Registration Act 1860 and is regu- lated by its own rules. The claim is Jiable to be dis- missed on accountof misjoinder of parties. The estab- lismenl of non-applicant doesn'î falJ within the défi- nition of "Industrial Unit". The applicant was engaged as part time workman on daily wages. On account of tiansfer of regdar workman Nihal Singh Val- miki and on his joining in the month of Sept. 1998 the post of chowkidar-cum-svveeper does not re- main vacant.
On behalf of the pleadings of the parties the fol'owing points of disputes weree fiamed :—
Points o? Disputes1219 The appJicant in support of his daim fiJed his own affidavit, The learned counsel for the non- ap- plicant was given opportun! ty to cross-examine him on his affidavit , The applicant also fi'ed copy of the expérience certificate Ex, W-l, copy of the letter for interview Ex= W-2 and copy of letter Ex, W-3, on behalf of the non-app!icant no évidence was pro- duced,
Heard arguments on behalf of the parties and perused the record- The points are decided as foilows : —
Point No, 1 :- ït is not disputed that the appli- cant was engaged as sweeper-cum-chowkidar on daily wages, The applicant has stated that he had worked on the postfrom 20-5-95 to 31-10-98 and had completed 240 days service prior to date of ter- mination on 31-10-98. The applicant hasfiled the expérience certificate Ex. W-l which has not been disputed by the non- applicant according to which he has worked on the post of sweeper-cum-chowki- dar on daily wages détails of which are given below :
Total worknig days Monlh
2 1
04 days 15 days 06 days 14 days 20 days 26 days 19 days 05 days 11 days 08 days 18 days 31 days 31 days 30 days 31 days 30 days 30 days 31 days 26 days 29 days 26 days January-95 Apri!-95 JuJy-95 August-95 September-95 January-97 February-97 March-97 April-97 May-97 June-97 Ju3y-97 August-97 September-97 October-97 November-97 December-97 January-98 February-98 March-98 Apr.iï-98
1
2 JuJy-98
August-98 September-98-
28 days 28 days 30 days Total
527 days As per the certificate it is proved that the appli- cant has worked from the year 1995 to 1998 as per the detaiîs given above. From the above détails it i s proved that the applicant has completed more than 240 days service prior to the date of his termination Le, 31-10-98.
Point No.2 :— As stated above it is not disputed that the applicant was engaged on daily wage basis. There is no évidence îhat the applicant was engaged as a part time workman and for fixed period. It is, therefore, not proved that the applicant was engaged for fixed period as a part time workman.
Point Nos. 3, 4 & 5 :— The learned counsel for the non-appiicant has not pressed thèse points and, therefore are decided against the non-applicant.
Point No. 6 :—• The applicant has worked for more îhan 240 days in the year preceding to the date of termination- It is not disputed that no notice or payinlieu of notice or retrenchment compensation was paid to îhe applicant as required under Section 25-F of the Act5 J947, The applicant hss stated that at the time of termination of services Kirodilal Cha- turvedi junior to him was retained in service. No seniority iist was prepared and published at the time of termination of service. His above statement has not been rebutted by the non-applicant. It i s, there- fore, also proved that services of applicant were ter- minatedin violation of section 25 G and rule 77 of the Rules, 1957.
Point No. 7 :—- The termination of service of applicant by the non-applicant i s held to be illégal and unjustified. The applicant will be entitled to reins- tatement in service with benef it of contiunity in service. As the applicant was given opportunity for régulai sélection but couldn't succeed and also on the basis of no work no pay the applicant is not gTanted the relief of back wages. The non-applicant will be free to dispense with the services of the applicant after complying the provisions of the Act, 1947.
The copies of the award may be sent to the Cen- tral Government under Section 17 (1) of the Act, 1947 for publication. Sd/- Ulegible
Presididg OfflcerK:20 T HE G A Z E T TE OF I N t ï IA : F E B R U A RY 2, 2 0 0 2 / M A G HA 13, 1923 [PART I I —S E C. 3(ii)J New Delhi, the llth January, 2002 S.O. 347.—In exercise of the powers conferred by sub-section (3) of Section 1 of the Employées" State Insurance Act, 1948 (34 of 1948) the Central Government hereby appoints the Ist February, 2002 as the date on which the provisions of Chapier IV (except Sections 44 and 45 which hâve already been brought into force) and Chapter V and VI (except sub-section (i) of Section 76 and Sec- tions 77, 78, 79 and 81 which hâve already been brought into force) of the said Act shall corne into force in the following areas in the State of Tamil Nadu namely :—
"Areas comprising the Revenue Villages of Attanur (Àthanur), Ayipalayam, Chandrasekarapuram, Anaipalayam, Keeranur. Kattanachampatty, Kak- kaveri: Knoeripatty, Muthukah- patty, Kurukkapuram, Rasipuram, Pillanollur, Ponlhurichi, Andagalur of Raspipuram Taluk and Pachal, Navani of Namakkal Taluk in Namakkal District."
[No. S-38013 1J2002-SS-I]
K. C. JAIN, Director New Delhi, the 12th January, 2002 S.O. 348.—In exercise of the powers conferred by sub-section (3) of Section 1 of the Employées' State Insurance Act, 1948 (34 of 1948) the Central Government hereby appoints the Ist Fabruary, 2002 as the date on which the provisions of Chapier IV (except Sections 44 and 45 which hâve already been brought into force) and Chapter V and VI (except sub-section (i) of Section 76 and Sections 77, 78, 79 and 81 which hâve already been brought into force) of the said Act shall corne into force in the following areas in the State of Orissa namely :—
"The areas comprising the Revenue Villages of Banaparia, Biruan, Khan- nagar, Madagadasahi, Sergar Hirati- kiri, Noti, Shamkona and Sana- purusottampur in Tahasil Balasore of District Balasore".
[No. S-38013 2J2002-SS-I]
K. C. JAIN. Director New Delhi, thc 15th January, 2002 S.O. 349.—Whereas the Central GFovern- ment is satisfied that the public interest re- quires that the services in the Currcncy Note Press, Nasik Road which is covered by item 25 of the First Schedule to the Industrial Dis- putes Act, 1947 (14 of 1947), should be declared to be a public utility service for the purposes of the said Act;
Now, therefore, in exercise of the powers conferred by sub-clauses (vi) of clause (n) of. section 2 of the Industrial Disputes Act, 1947, the Central Govertiment hereby déc- lares with immédiate effect the said industry to be a public utility service for the purpose of the said Act for a period of six months.
[No. S-U017!3:91-TR(PL)l
H. C. GUPTA, Dy. Secy.
îr.i New Delhi, the 15th January, 2002 S.O. 350.—Wheleas the Central Govern- ment having been satisfied that the public interest so required had, in pursuance of the provisions of sub-clause (vi) of the clause (n) of section 2 of the Industrial Dispute Act, 1947 (14 of 1947), declared by the Notification of the Government of India in the Ministry of Labour S. O. No. 2037 dated 23rd July, 2001 the Copper Mining Industry to be a public utility service for the purpose of the said Act, for a oeriod of six months from the 25 th July, 2û
And whereas, the Central Government is of opinion that public interest requires the ex- tension of the said period by a further period of six months ;
Now- therefore, in exercise of the powers conferred by the proviso to sub-clause (vi) of clause (n) of section 2 of the Industrial Dis- putes Act, 1947, the Central Government hereby déclares the said industry to be a public utility service for the purpose of the said Act for a period of six months from the 25th January, 2002.
[F. No. S-11017!ll|97-IR(PL)]
H. C. GUPTA, Dy. Secy.
i tttfA fcy tfae Manager, Go*i. oî Sadia Press, Ring Road, New Dslte-110064
and Published by the Controller.of Publications, Delhi-t 10054, 2002