jftLVªh la- Mh- ,y- (,u) 04@0007@2003µ05

REGD. NO. D. L. (N) 04/0007/2003—05

izkf/dkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lkIrkfgd

WEEKLY

la- 35]

ubZ fnYyh, vxLr 25—vxLr 31] 2013] 'kfuokj@Hkkæ 3—Hkkæ 9] 1935

No. 35]

NEW DELHI, AUGUST 25—AUGUST 31, 2013, SATURDAY/BHADRA 3—BHADRA 9, 1935

Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g i`Fkd ladyu ds :i esa j[kk tk lds

Separate Paging is given to this Part in order that it may be filed as a separate compilation

Hkkx II—[k.M 3—mi&[k.M (ii)

PART II—Section 3—Sub-section (ii)

Hkkjr ljdkj ds ea=kky;ksa (j{kk ea=kky; dks NksM+dj) }kjk tkjh fd, x, lkafof/d vkns'k vkSj vf/lwpuk,a

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

(Other than the Ministry of Defence)

foÙk ea=kky;

(foÙkh; lsok,a foHkkx)

ubZ fnYyh] 22 vxLr] 2013

dk-vk- 1827-—jk"Vªh;Ñr cSad (izca/ ,oa izdh.kZ micaèk)

Ldhe] 1970@1980 ds [kaM 3 ds mi&[kaM (1) vkSj [kaM 8 ds

mi&[kaM (1) ds lkFk ifBr cSaddkjh daiuh (miØeksa dk vtZu

,oa varj.k) vf/fu;e] 1970@1980 dh /kjk 9 dh mi&/kjk (3)

ds [kaM (d) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh;

ljdkj] ,rn~}kjk] Jh oh- dkuu (tUe frfFk % 25&12&1954)]

dk;Zikyd funs'kd] vksfj;aVy cSad vkWiQ dkelZ dks 1&1&2014

dks ;k mlds ckn muds }kjk inHkkj xzg.k djus dh rkjh[k ls rFkk

31&12&2014 rd vFkkZr~ muds }kjk vf/o£"krk dh vk;q izkIr

djus dh rkjh[k rd vFkok vxys vkns'kksa rd] tks Hkh igys gks]

fot;k cSad ds vè;{k ,oa izca/ funs'kd ds :i esa fu;qDr djrh gS A

¹iQk- la- 4@4@2012&chvks&Iº

fot; eYgks=kk] voj lfpo

3565 GI/2013

(4967)

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 22nd August, 2013

S.O. 1827.—In exercise of the powers conferred by

clause (a) of sub-section (3) of Section 9 of Banking

Companies (Acquisition and Transfer of Undertakings)

Act, 1970/1980, read with sub-clause (1) of clause 3 and

sub-clause (1) of clause 8 of the Nationalised Banks

(Management and Miscellaneous Provisions) Scheme,

1970/1980, the Central Government, hereby appoints

Sh. V. Kannan (DoB : 25-12-1954), Executive Director,

Oriental Bank of Commerce as Chairman and Managing

Director, Vijaya Bank, from the date of his taking over the

charge of the post on or after 1-1-2014 and up to

31-12-2014, i.e. the date of his superannuation or until

further orders, whichever is earlier.

[F. No. 4/4/2012-BO-I]

VIJAY MALHOTRA, Under Secy.

4968

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

ubZ fnYyh] 22 vxLr] 2013

dk-vk- 1828-—jk"Vªh;Ñr cSad (izca/ ,oa izdh.kZ micaèk)

Ldhe] 1970@1980 ds [kaM 3 ds mi&[kaM (1) vkSj [kaM 8 ds

mi&[kaM (1) ds lkFk ifBr cSaddkjh daiuh (miØeksa dk vtZu

,oa varj.k) vf/fu;e] 1970@1980 dh /kjk 9 dh mi&/kjk (3)

ds [kaM (d) }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh;

ljdkj] ,rn~}kjk] Jh lqjs'k ,u- iVsy (tUe frfFk % 25&12&1957)]

egkizca/d] nsuk cSad dks 1&1&2014 dks ;k mlds ckn muds }kjk

inHkkj xzg.k djus dh rkjh[k ls rFkk 31&12&2017 rd vFkkZr~

muds }kjk vf/o£"krk dh vk;q izkIr djus dh rkjh[k rd vFkok

vxys vkns'kksa rd] tks Hkh igys gks] vksfj;aVy cSad vkWiQ dkelZ ds

dk;Zikyd funs'kd ds :i esa fu;qDr djrh gS A

¹iQk- la- 4@5@2012&chvks&Iº

fot; eYgks=kk] voj lfpo

New Delhi, the 22nd August, 2013

S.O. 1828.—In exercise of the powers conferred by

clause (a) of sub-section (3) of Section 9 of the Banking

Companies (Acquisition and Transfer of Undertakings)

Act, 1970/1980, read with sub-clause (1) of clause 3 and

sub-clause (1) of clause 8 of the Nationalised Banks

(Management and Miscellaneous Provisions) Scheme,

1970/1980, the Central Government, hereby appoints

Shri Suresh N. Patel (DoB : 25-12-1957), General Manager,

Dena Bank as Executive Director, Oriental Bank of

Commerce, with effect from the date of his taking over

charge of the post on or after 1-1-2014 and up to

31-12-2017, i.e. the date of his attaining the age of

superannuation or until further orders, whichever is earlier.

[F. No. 4/5/2012-BO-I]

VIJAY MALHOTRA, Under Secy.

(jktLo foHkkx)

(dsUæh; izR;{k dj cksMZ)

ubZ fnYyh] 22 vxLr] 2013

dk-vk- 1829-—loZlk/kj.k dh tkudkjh ds fy, ,rn~}kjk

;g vf/lwfpr fd;k tkrk gS fd dsUæ ljdkj }kjk vk;dj

fu;ekoyh] 1962 (mDr fu;ekoyh) ds fu;e 5x vkSj 5Ä ds

lkFk ifBr vk;dj vf/fu;e] 1961 (mDr vf/fu;e) dh /kjk

35 dh mi&/kjk (1) ds [kaM (ii) ds iz;kstukFkZ dj fu/kZj.k o"kZ

1&4&2012 ls vkxs laxBu fn bafM;u bULVhV~;wV vkWiQ VsDukWykth]

xka/h uxj] (iSu&,,, VhvkbZ 7352 ,e) dks fuEufyf[kr 'krks± ds

v/hu ^fo'ofo|ky;] dkWyst ;k vU; laLFkk* dh Js.kh esa vuqeksfnr

fd;k x;k gS] vFkkZr~ %µ

(i)

vuqeksfnr laxBu dks iznÙk jkf'k dk mi;ksx oSKkfud

vuqla/ku ds fy, fd;k tk,xk_

(ii)

vuqeksfnr laxBu vius ladk; lnL;ksa vFkok vius

ukekafdr Nk=kksa ds ekè;e ls oSKkfud vuqla/ku djsxk_

(iii)

vuqeksfnr laxBu oSKkfud vuqla/ku ds fy, blds }kjk

izkIr jkf'k ds laca/ esa vyx [kkrk cgh j[ksxk] ftlesa

vuqla/ku djus ds fy, iz;qDr jkf'k n'kkZbZ xbZ gks] mDr

vf/fu;e dh /kjk 288 dh mi&/kjk (2) ds Li"Vhdj.k

esa ;Fkk ifjHkkf"kr fdlh ys[kkdkj ls viuh [kkrk&cgh

dh ys[kk&ijh{kk djk,xk vkSj mDr vf/fu;e dh /kjk

139 dh mi&/kjk (1) ds varxZr vk; fooj.kh izLrqr

djus dh fu;r frfFk rd ,sls ys[kkdkj }kjk fof/or

lR;kfir ,oa gLrk{kfjr ys[kk ijh{kk fjiksVZ ekeys esa

{ks=kkf/dkj j[kus okys vk;dj vk;qDr vFkok vk;dj

funs'kd dks izLrqr djsxk_

(iv)

vuqeksfnr laxBu lacaf/r foHkkxksa ds laca/ esa oSKkfud

vuqla/ku ds fy, izkIr nku rFkk iz;qDr jkf'k dk vyx

fooj.k j[ksxk vkSj mi;qZDr ys[kk&ijh{kk fjiksVZ ds lkFk

ys[kk&ijh{kd }kjk fof/or lR;kfir ,sls fooj.k dh

izfr izLrqr djsxk A

2- dsaæ ljdkj ;g vuqeksnu okil ys ysxh ;fn vuqeksfnr

laxBu %µ

(d)

iSjkxzkiQ 1 ds mi&iSjkxzkiQ (iii) esa mfYyf[kr ys[kk cgh

ugha j[ksxk_ vFkok

([k)

iSjkxzkiQ 1 ds mi&iSjkxzkiQ (iii) esa mfYyf[kr viuh

ys[kk&ijh{kk fjiksVZ izLrqr ugha djsxk_ vFkok

(x)

iSjkxzkiQ 1 ds mi&iSjkxzkiQ (iv) esa mfYyf[kr oSKkfud

vuqla/ku ds fy, izkIr ,oa iz;qDr nku dk viuk fooj.k

izLrqr ugha djsxk_ vFkok

(èk)

viuk vuqla/ku dk;Z djuk can dj nsxk vFkok blds

vuqla/ku dk;Z dks Bhd ugha ik;k tk,xk_ vFkok

(M-)

mDr fu;ekoyh ds fu;e 5x vkSj 5Ä ds lkFk ifBr

mDr vf/fu;e dh /kjk 35 dh mi&/kjk (1) ds [kaM

(ii) ds izko/kuksa ds vuq#i ugha gksxk rFkk mudk ikyu

ughsa djsxk A

¹vf/lwpuk la- 65@2013@iQk-la- 203@38@2012&vk-d-fu&IIº

Ípk jLrksxh]voj lfpo (vk-d-fu&II)

( Department of Revenue)

( Central Board of Direct Taxes)

New Delhi, the 22nd August, 2013

S.O. 1829.—It is hereby notified for general

information that “The Indian Institute of Technology,

Gandhi Nagar, (PAN-AAATI7352M) has been approved

by the Central Government for the purpose of clause (ii) of

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4969

sub-section (1) of Section 35 of the Income-tax Act, 1961

(said Act), read with Rules 5C and 5E of the Income-tax

Rules. 1962 (said Rules), from 01.04.2012 onwards in the

category of ‘University, College or Other Institution,

subject to the following conditions, namely :—

(i)

The sums paid to the approved organization shall

be utilized for scientific research;

(ii)

The approved organization shall carry out

scientific research through its faculty members

or its enrolled students;

(iii)

The approved organization shall maintain

separate books of accounts in respect of the

sums received by it for scientific research, reflect

therein the amounts used for carrying out

research, get such books audited by an

accountant as defined in the explanation to sub-

section (2) of Section 288 of the said Act and

furnish the report of such audit duly signed and

verified by such accountant to the Commissioner

of Income-tax or the Director of Income-tax

having jurisdiction over the case, by the due date

of furnishing the return of income under sub-

section (1) of Section 139 of the said Act;

(iv)

The approved organization shall maintain a

separate statement of donations received and

amounts applied for scientific research in respect

of concerned Departments and a copy of such

statement duly certified by the auditor shall

accompany the report of audit referred to above.

2. The Central Government shall withdraw the

approval if the approved organization :—

(f)

fails to maintain separate books of accounts

referred to in sub-paragraph (iii) of paragraph 1;

or

(g)

fails to furnish its audit report referred to in sub-

paragraph (iii) of paragraph 1; or

(h)

fails to furnish its statement of the donations

received and sums applied for scientific research

referred to in sub-paragraph (iv) of paragraph 1;

or

(i)

ceases to carry on its research activities or its

research activities are not found to be genuine;

or

(j)

ceases to conform to and comply with the

provisions of clause (ii) of sub-section (1) of

Section 35 of the said Act read with rules 5C and

5E of the said Rules.

[Notification No. 65/2013/F. No. 203/38/2012-ITA-II]

RICHA RASTOGI, Under Secy. (ITA-II)

miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k ea=kky;

(miHkksDrk ekeys foHkkx)

(Hkkjrh; ekud C;wjks)

ubZ fnYyh] 31 tqykbZ] 2013

dk-vk- 1830-—Hkkjrh; ekud C;wjks fu;e] 1987 ds fu;e 7 ds mi&fu;e (1) ds [kaM ([k) ds vuqlj.k esa Hkkjrh; ekud

C;wjks ,rn~}kjk vf/lwfpr djrk gS fd uhps vuqlwph esa fn, x, ekud (dksa) esas la'kks/u fd;k x;k@fd;s x;s gSa A

vuqlwph

Øe la- la'kksf/r Hkkjrh; ekud dh

la'kks/u dh la[;k

la'kks/u ykxw gksus

la[;k vkSj o"kZ

vkSj frfFk

dh frfFk

(1)

(2)

(3)

(4)

1-

vkbZ ,l 8112% 2013

la'kks/u la[;k 1]

31 tqykbZ] 2013

tqykbZ] 2013

bl la'kks/u dh izfr Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj 'kkg ”kiQj ekxZ] ubZ fnYyh&110002] {ks=kh;

dk;kZy;ksa % ubZ fnYyh] dksydkrk] p.Mhx<+] psUubZ] eqEcbZ rFkk 'kk[kk dk;kZy;ksa % vgenkckn] caxykSj] Hkksiky] Hkqous'oj] dks;Ecrwj]

xqokgkVh] gSnjkckn] t;iqj] dkuiqj] ukxiqj] iVuk] iw.ks rFkk dksph esa fcØh gsrq miyC/ gSa A

¹lanHkZ lhbZMh@jkti=kº

lh- vkj- jktsUæk] oSKkfud ^,iQ* ,oa izeq[k (flfoy bathfu;jh)

4970

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

(BUREAU OF INDIAN STANDARDS)

New Delhi, the 31st July, 2013

S.O. 1830.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the

Bureau of Indian Standards hereby notifies that amendment to the Indian Standard, particulars of which are given in the

Schedule below, has been issued :

SCHEDULE

Sl.No.

No. and Year of the

No. and year of the

Date from which

Indian Standards

amendment

the amendment

shall have effect

(1)

(2)

(3)

(4)

1.

IS 8112 : 2013

Amendment No. 1,

31st July, 2013

July, 2013

Copy of this amendment is available for sale with the Bureau of Indian Standards, Manak Bhavan, 9, Bahadur

Shah Zafar Marg, New Delhi- 110002 and Regional Offices : New Delhi, Kolkata, Chandigarh, Chennai, Mumbai and

also Branch Offices : Ahmedabad, Bangalore, Bhopal, Bhubaneshwar, Coimbatore, Guwahati, Hyderabad, Jaipur,

Kanpur, Nagpur, Patna, Pune, Kochi.

[Ref. CED/Gazette]

C. R. RAJENDRA, Scientist ‘F’ & Head (Civil Engg.)

ubZ fnYyh] 2 vxLr] 2013

dk-vk- 1831-—Hkkjrh; ekud C;wjks (izek.ku) fofu;e] 1988 ds fofu;e 4 ds mi fofu;e (5) ds vuqlj.k esa Hkkjrh;

ekud C;wjks ,rn~}kjk vf/lwfpr djrk gS fd ftu ykblsalksa ds fooj.k uhps vuqlwph esa fn, x, gSa] os LohÑr dj fn, x, gSa %µ

vuqlwph

Øe

ykblsal

LohÑfr djus

ykblsal/kjh dk uke ,oa

Hkkjrh; ekud dk

Hkkek la-@Hkkx@[k.M@o"kZ

la[;k

la[;k

dh frfFk@o"kZ@

irk

'kh"kZd

ekg

(1)

(2)

(3)

(4)

(5)

(6)

1-

3941873

17&04&2013

ck;ksdkWu bysDVªhdYl bafM;k]

fon~;qr iz;kstuksa ds fy,

Hkk-ek- 7809 % Hkkx 3 %

ry eafty] 12]

nkc lqxzkgh vklatu'khy

[k.M 1 % 1986

oh ds b.MLVªh;y daIysDl]

fon~;qrjks/h Vsi — Hkkx 3 %

ds Vh b.MLVªh;y ikdZ 2]

vyx&vyx lkefxz;ksa dh

fcyky ikMk] foyst okyho]

vis{kk,a [k.M 1 % v

olbZ iwoZ]

rkiekih vklatu'khy

ftyk % Bk.ks&401208]

okys lq?kfV;r

egkjk"Vª

ikWyhfoukbyDyksjkbM Vsi

2-

3944071

02&05&2013

vfjgar bysDVªhdy daiuh]

250 oksYVrk vkSj 16 ,EuhvlZ

Hkk-ek- 1293 % 2005

146@1169] eksrhyky uxj

rd jsfVr /kjk ds Iyxl

la- 1] jksM la- 3]

vkSj lkWdsV

lkabZckck eafnj ds utnhd]

xksjsxkao & if'pe]

eqacbZ&400104

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4971

3-

3944677

03&05&2013

vkslfou b.MLVªht]

250 oksYVrk vkSj 16 ,EihvlZ

Hkk-ek- 1293 % 2005

xkyk la- 27@28] igyk ekyk]

rd jsfVr /kjk ds Iyxl

iVsy b.M- bLVsV] U;w ¯ox]

vkSj lkWdsV

nfglj iqfyl LVs'ku ds

lkeus] ,l oh jksM]

nfglj iwoZ] eqacbZ&400068

4-

3946580

03&05&2013

iQyseiSd]

,DlIyksflo ,sVeWfLiQvlZ

Hkk-ek-@vkbZbZlh 60079 %

12] /uy{eh b.MLVªh;y

Hkkx&1 iQyseizwiQ buDykstj

Hkkx&1 % 2007

bLVsV] foyst & uo?kj]

^Mh* }kjk miLdj laj{kk

rkyqdk & clhu] olbZ iwoZ]

Bk.ks&401210

egkjk"Vª

5-

39445767

08&05&2013

vkslfou b.MLVªht]

?kjsyq vkSj leku iz;kstuksa

Hkk-ek- 3854 % 1997

xkyk la- 27@28] igyk ekyk]

ds fy, fLops

iVsy b.M- bLVsV] U;w ¯ox]

nfglj iqfyl LVs'ku ds

lkeus] ,l oh jksM]

nfglj iwoZ] eqacbZ&400068

6-

3948281

21&05&2013

;wuholZy dscYl fy-]

fueTtuh eksVj ds fy,

Hkk-ek- 8783

IykWV la- ,y&58 ls

yisVu rkj — fof'kf"V —

Hkkx 4 % vuqHkkx 1 %

,y&60 rd]

Hkkx 4 % i`Fkd rkjksa ds fy,

1995

osj.kk b.M- bLVsV] osj.kk]

fof'kf"V — vuqHkkx 1 %

lsy'ksV] ftyk % nf{k.k xksok]

,pvkj ihohlh jksf/r rkj

xksok&403722

7-

3950773

28&05&2013

fu'kk izksMDVl]

?kjsyq vkSj leku iz;kstuksa

Hkk-ek- 3854 % 1997

86] esgrk b.MLVªh;y bLVsV]

ds fy, fLops

fyczVh xkMZu ^X* jksM la- 3]

ekykM if'pe]

eqacbZ&400064

8-

3958385

19&06&2013

gkseuhM vIyk;alsl]

fctyh ds ?kjsyw [kkn~;

Hkk-ek- 4250 % 1980

'kkWi la- 10] x.ks'k Ñik]

feDlj (æohijd vkSj

lh-,p-,l- IykWV la- 23]

xzkbaMj)

lsDVj 20] dksij[kSjkus]

uoh eqacbZ&400709

¹la- ds-iz-fo-@13%11º

,- ,l- tke¯[kMhdj] oSKkfud ^,iQ* ,oa izeq[k (,e Mh ,e&III)

New Delhi, the 2nd August, 2013

S.O. 1831.—In pursuance of sub-regulation (5) of Regulation 4 of the Bureau of Indian Standards (Certification)

Regulations, 1988, the Bureau of Indian Standards, hereby notifies the grant of licences particulars of which are given in

the following schedule :

(1)

(2)

(3)

(4)

(5)

(6)

4972

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

SCHEDULE

Sl.

Licence

Grant Date

Name and Address

Product

IS No./Part/Sec./Year

No.

No.

(factory) of the Party

(1)

(2)

(3)

(4)

(5)

(6)

1.

3941873

17-04-2013

Biocon Electricals India,

Pessure sensitive adhesive

IS 7809 : Part 3 :

Ground Floor, 12,

insulating tapes for

Sec 1 : 1986

VK Indl. Complex,

electrical purposes —

KT Ind. Park 2, Bilal Pada,

Part 3 : requirements for

Village Valiv, Vasai East,

individual materials —

Distt. Thane,

Section 1 : plasticized

Maharashtra-401208

polyvinylchloride tapes

with non-thermosetting

adhesive

2.

3944071

02-05-2013

Arihant Electric Company,

Switches for domestic

IS 3854 : 1997

146/1169, Motilal Nagar

and similar purposes

No. 1, Road No. 3,

Near Saibaba Temple,

Goregaon West,

Mumbai-400104

3.

3944677

03-05-2013

Oswin Industries,

Plugs and socket outlets

IS 1293 : 2005

G. No. 27/28, First Floor,

of 250 volts and rated

Patel Industrial Estate,

current up to 16 amperes

New Wing, Opp Dahisar

Police Station, S.V. Road,

Dahisar (E),

Mumbai-400068

4.

3946580

03-05-2013

Flamepack,

Explosive Atmospheres—

IS/IEC 60079 :

12, Dhanlaxmi Industrial

Part 1 : Equipment

Part 1 : 2007

Estate, At Village Navghar,

Protection by Flameproof

Taluka Bassein, Vasai (East)

Enclosers “d”

Thane-401210,

Maharashtra

5.

39445767

08-05-2013

Oswin Industries,

Switches for domestice

IS 3854 : 1997

G. No. 27/28, First Floor,

and similar purposes

Patel Industrial Estate,

New Wing, Opp. Dahisar

Police Station, S.V. Road,

Dahisar (E),

Mumbai-400068

6.

3948281

21-05-2013

Universal Cables Ltd.,

Winding Wires for

IS 8783 : Part 4 :

Plot No. L-58 to L-60,

Submersible Motors —

Sec 1 : 1995

Verna Indl. Estate,

Specification—Part 4 :

Verna, Salcete,

Specification for Individual

South Goa,

Wires —Section 1 : HR PVC

Goa-403722

Insulated Wires

7.

3950773

28-05-2013

Nisha Products,

Switches for domestice

IS 3854 : 1997

86, Mehta Indl. Estate,

and similar purposes

Liberty Garden X Road

No. 3, Malad West,

Mumbai-400064

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4973

8.

3958385

19-06-2013

Homeneed Appliances,

Domestic electric food-

IS 4250 : 1980

Shop No. 10, Ganesh

mixers (liquidizes and

Krupa, CHS Plot No. 23,

grinders)

Sector 20, Koperkhairne,

Navi Mumbai-400709

[No. CMD/13 : 11]

A. S. JAMKHINDIKAR, Scientist ‘F’ & Head (MDM-III)

ubZ fnYyh] 2 vxLr] 2013

dk-vk-1832-—Hkkjrh; ekud C;wjks (izek.ku) fofu;e] 1988 ds fofu;e 5 ds mi fofu;e (6) ds vuqlj.k esa Hkkjrh; ekud

C;wjks ,rn~}kjk vf/lwfpr djrk gS fd ftu ykblsalksa ds fooj.k uhps vuqlwph esa fn, x, gSa] os jnn dj fn, x, gSa %µ

vuqlwph

Øe

ykblsal

ykblsal/kjh dk uke ,oa irk

ykblsal ds varxZr oLrq@izØe lac¼

jnn djus dh frfFk

la-

la[;k

Hkkjrh; ekud dk 'kh"kZd

(1)

(2)

(3)

(4)

(5)

1-

1154436

izse daMDVlZ izk- fy-]

Hkk ek 398 Hkkx 2 1996

05&06&2013

losZ ua- 1078@2@2]

f'kjksifj izs"k.k iz;kstuksa ds fy, ,Y;wfefu;e

foyst ukjksyh] lhyoklk]

pkyd — Hkkx&2] ,Y;wfefu;e pkyd]

ftyk nknjk ,.M

tLrhÑr vkSj izcfyr

uxj gosyh&396235

2-

1551547

izse daMDVlZ izk- fy-]

Hkk ek 398 Hkkx 4 1994

05&06&2013

losZ ua- 1078@2@2]

f'kjksifj izs"k.k iz;kstuksa ds fy, ,Y;wfefu;e

foyst ukjksyh] lhyoklk]

pkyd — Hkkx&4] ,Y;wfefu;e feJ/krq

ftyk nknjk ,.M

yMnkj pkyd (,Y;wfefu;e flykdkWu Vkbi)

uxj gosyh&396235

3-

2312938

izse daMDVlZ izk- fy-]

Hkk ek 398 Hkkx 5 1992

05&06&2013

losZ ua- 1078@2@2]

f'kjksifj izs"k.k iz;kstuksa ds fy, ,Y;wfefu;e

foyst ukjksyh] lhyoklk]

pkyd — Hkkx&5] vfrfjDr mPp oksYVrk

ftyk nknjk ,.M

400 ds vkSj mlls vf/d ds fy, ,Y;wfefu;e

uxj gosyh&396235

pkyd] tLrhÑr vkSj izcfyr

4-

7837797

HkSjo b.MLVªht]

Hkk ek 3854 % 1997

09&04&2013

IykWV ua- 24@ch] xksYMu

?kjsyw vkSj leku iz;kstuksa ds fy, fLops

b.MLVªh;y bLVsV]

lkseukFk jksM] nkHksy]

ftyk neu

,.M nho&396210

5-

7993714

gk;MªksMk;u bafM;k izk- fy-]

Hkk ek 2148 % 2004

12&04&2013

ch 47] iSjkekmUV] U;w ¯yd jksM]

fon~;qr midj.kksa gsrq Tokyklg vkos"Vu

va/sjh (i)] eqacbZ&400053

¹la- ds-iz-fo-@13 % 13º

,- ,l- tke¯[kMhdj] oSKkfud ^,iQ* ,oa izeq[k (,e Mh ,e&III)

(1)

(2)

(3)

(4)

(5)

(6)

4974

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

New Delhi, the 2nd August, 2013

S.O. 1832.—In pursuance of sub-regulation (6) of the Regulation 5 of the Bureau of Indian Standards

(Certification) Regulations 1988, the Bureau of Indian Standards, hereby notifies that the licences particulars of which are

given in the following schedule have been cancelled with effect from the date indicated against each :

SCHEDULE

Sl.

Licence

Name and Address

Article/process with relevant Indian

Date of cancellation

No.

No.

of the licensee

Standard covered by the Licence

(1)

(2)

(3)

(4)

(5)

1.

1154436

Prem Conductors Private

IS 398 : Part 2 : 1996

05-06-2013

Limited, Survey No. 1078/2/2,

aluminium conductors for overhead

Village Naroli, Silvassa,

transmission purposes : Part 2 aluminium

Distt. : Dadra and Nagar

conductors, galvanized steel reinforced

Haveli-396235

2.

1551547

Prem Conductors Private

IS 398 : Part 4 : 1994

05-06-2013

Limited, Survey No. 1078/2/2,

aluminium conductors for overhead

Village Naroli, Silvassa,

transmission purposes : Part 4 aluminium

Distt. : Dadra and Nagar

alloy standed conductors (aluminium

Haveli-396235

magnesium silicon type)

3.

2312938

Prem Conductors Private

IS 398 : Part 5 : 1992

05-06-2013

Limited, Survey No. 1078/2/2,

aluminium conductors for overhead

Village Naroli, Silvassa,

transmission purposes : Part 5 aluminium

Distt. : Dadra and Nagar

conductors — galvanized steel reinforced

Haveli-396235

for extra high voltage (400 kv and above)

4.

7837797

Bhairav Industries,

IS 3854 : 1997

09-04-2013

Plot No. 24/B,

switches for domestic and similar

Golden Indl. Estate,

purposes

Somnath Road, Dabhel

Distt. : Daman

Daman and Diu-396210

5.

7993714

Hydrodyne (India) Pvt. Ltd.,

IS 2148 : 2004

12-04-2013

B-47, Paramount,

flameproof enclosures for electrical

New Link Road,

apparatus

Andheri-W

Mumbai-400053

[No. CMD/13 : 13]

A. S. JAMKHINDIKAR, Scientist ‘F’ & Head (MDM-III)

ubZ fnYyh] 16 vxLr] 2013

dk-vk- 1833-—Hkkjrh; ekud C;wjks fu;e] 1987 ds fu;e 7 ds mi&fu;e (1) ds [kaM ([k) ds vuqlj.k esa Hkkjrh; ekud

C;wjks ,rn~}kjk vf/lwfpr djrk gS fd ftu Hkkjrh; ekudksa ds fooj.k uhps vuqlwph esa fn, x, gSa os LFkkfir gks x, gSa %—

vuqlwph

Øe

LFkkfir Hkkjrh; ekud(dksa) dh la[;k

u;s Hkkjrh; ekud }kjk vfrØfer

LFkkfir frfFk

la- o"kZ vkSj 'kh"kZd

Hkkjrh; ekud vFkok ekudksa ] ;fn

dksbZ gks] dh la[;k vkSj o"kZ

(1)

(2)

(3)

(4)

1-

vkbZ,l@vkbZ,lvks 105&E02% 1994

vkbZ,l 690 % 1988

tqykbZ 2013

oL=kkfn jax ds iDdsiu dk ijh{k.k %

Hkkx E02 leqæh ikuh ds izfr jax dk iDdkiu

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4975

2-

vkbZ,l 234 % 2013 oL=kkfn — oL=kkfn

veyxes¯Vx vkbZ,l 10014

tqykbZ 2013

js'kksa ds jSf[kd ?kuRo Kkr djuk (HkkjkRed ,oa

(Hkkx 2) % 1981

okbZczksLdksi fof/) fof'kf"V (nwljk iquijh{k.k)

3-

vkbZ,l 11056 % 2013 oL=kkfn — diM+sa

—

tqykbZ 2013

dh ok;q ds izfr ikjxE;rk Kkr djus

dh i¼fr (igyk iquijh{k.k)

bu Hkkjrh; ekudksa dh izfr;ka Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj 'kkg t+iQj ekxZ] ubZ fnYyh&110002] {ks=kh;

dk;kZy;ksa % ubZ fnYyh] dksydkrk] p.Mhx<+] psUubZ] eqEcbZ rFkk 'kk[kk dk;kZy;ksa % vgenkckn] caxykSj] Hkksiky] Hkqous'oj] dks;Ecrwj]

xqokgkVh] gSnjkckn] t;iqj] dkuiqj] ukxiqj] iVuk] iw.ks rFkk fr:ouUrkiqje esa fcØh gsrq miyC/ gSa A

¹lanHkZ Vh ,Dl Mh@th&25º

izHkkdj jk;] oSKkfud ^bZ* ,oa izeq[k (Vh ,Dl Mh)

New Delhi, the 16th August, 2013

S.O. 1833.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987,

the Bureau of Indian Standards hereby notifies that Indian Standards, particulars of which are given in the Schedule hereto

annexed have been issued :

SCHEDULE

Sl.No.

No. Title and Year of the

No. and year of the Indian Standards,

Date of

Indian Standards

if any, Superseded by the New Indian

Establishment

Standards

(1)

(2)

(3)

(4)

1.

IS/ISO 105-E02 : 1994 Textiles —

IS 690 : 1988

July, 2013

Tests for Colour Fastness : Part—E02

Colour Fastness of Sea Water

2.

IS 234 : 2013 Textiles — Method for

Amalgamating IS 10014

July, 2013

Determination of Linear Density of

(Part 2) 1981

Textile Fibres (Gravimetric and

Vibroscope Method) — Specificaation

(Second Revision)

3.

IS 11056 : 2013 Textiles —

—

July, 2013

Determination of the Permeability

of Fibres to Air

(First Revision)

Copy of above Indian Standards are available for sale with the Bureau of Indian Standards, Manak Bhavan, 9,

Bahadur Shah Zafar Marg, New Delhi- 110002 and Regional Offices : New Delhi, Kolkata, Chandigarh, Chennai, Mumbai

and also Branch Offices : Ahmedabad, Bangalore, Bhopal, Bhubaneshwar, Coimbatore, Guwahati, Hyderabad, Jaipur,

Kanpur, Nagpur, Patna, Pune, Thirvananthapuram

[Ref. TXD/G-25]

PRABHAKAR RAI, Scientist ‘E’ & Head (TXD)

(1)

(2)

(3)

(4)

4976

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

Je ,oa jkstxkj ea=kky;

ubZ fnYyh] 1 vxLr] 2013

dk-vk- 1834-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj iatkc us'kuy

cSad ds çca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] dkuiqj ds iapkV (lanHkZ la[;k 32@2003)

dks çdkf'kr djrh gS tks dsUæh; ljdkj dks 7&5&2013 dks çkIr

gqvk Fkk A

¹la- ,y&12012@128@2003&vkbZvkj (ch&II)º

lqefr ldykuh] vuqHkkx vf/dkjh

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 1st August, 2013

S.O. 1834.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 32/2003)

of the Central Government Industrial Tribunal/Labour

Court, Kanpur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of Punjab National Bank and their workman,

which was received by the Central Government on

7-5-2013.

[No. L- 12012/128/2003-IR (B-II)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE SRI RAM PARKASH, HJS, PRESIDING

OFFICER, CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, KANPUR

Industrial Dispute No. 32 of 2003

Between-

Sri Sunder Lal son of late Raman Lal,

Resident of Gawal Toli Hansari,

Jhansi.

And

The Regional Manager,

Punjab National Bank,

Regional Office,

Near Sudha Nursing Home,

Kanpur Road Jhansi.

AWARD

1.

Central Government, Mol, New Delhi, vide

notification no. L-12012/128/2003- IR B.II, dated

29.09.2003, has referred the following dispute for

adjudication to this tribunal-

2.

Whether any employer employee relationship

exists between the management of Punjab National

Bank and Sunder Lal? Whether the action of

Regional Manager Punjab National Bank, Jhansi

in terminating the services of Sri Sunder Lal son of

late Sri Serman Lal w.e.f. 01.3.02 is justified and

legal ? If not to what relief the workman concerned

entitled to?

3.

Brief facts of are-

4.

It is alleged by the claimant that he was employed

by the branch manager of Agrani Bank Office

Punjab National Bank near Sudha Nursing Home,

Kanpur Road Jhansi at the post of peon in April

2000. It is also alleged that he worked the work of

permanent nature like distribution dak providing

drinking water to the staff and customers of the

branch etc. Initially he was paid Rs.100/- per month

which was enhanced to Rs.250/- The bank was

habitual of taking letter from the workman and only

thereafter he was paid his wages with a view to

escape from the applicability of the labour laws.

After a long time when he was not paid the salary

of the peon and his attendance was not marked in

the attendance register, he requested the manager

to pay his wages and his attendance should be

marked, upon this the management got annoyed

and the workman was removed orally from service

w.e.f. 01.03.2002 without complying the mandatory

provision of Section 25 F of the Act in so much so

he was not paid any notice, notice pay or

retrenchment compensation at the time of

dispensation of his service by the management.

5.

Lastly it has been prayed that he be reinstated in

the service of the bank with full back wages and all

consequential benefits.

6.

Opposite party has filed written statement refuting

the claim of the workman after raising preliminary

objection that the claimant is not a workman, they

have alleged that there is no relationship of master

and servant, he was never employed on the post

of peon or on any other post.

7.

It is stated that the claimant was running canteen

at LDM’s office of the bank at Jhansi and he was

being paid necessary subsidy in terms of canteen

facility. It is reiterated that due to shifting of the

LDM Office to the premises of Regional Office

Building, there was no requirement of separate

canteen facility and the same was discontinued

with effect from 1.4.2002, therefore, there was no

termination and thereby they have not committed

breach of the provisions of the Act, therefore, the

claimant is not entitled for any relief.

8.

The opposite party has filed certain photocopies

some of them are legible and others not.

9.

Claimant has also filed a application along with

affidavit paper no.8/1-4 along with certain

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4977

photocopies demanding certain papers like Dad

Distribution Register, also alleging that the

photocopies 1-21 of which originals are in the

custody of the opposite party which relates

payment of wages to the claimant for the period

May 2000 to Jan 2002 be summoned from the

opposite party.

10.

This application was decided by my learned

predecessor vide order date 15.10.04 where in this

application was allowed and the management was

directed to file the original document by 16.12.04.

When the management did not file the original of

the summoned documents despite several dates

an order was passed on 1.8.05 that legal

presumption against the management shall be

taken for not complying the order. Thereafter the

file was taken in evidence for several dates. After a

long gap management moved an application for

recalling the order dated 15.10.04 and 1.8.05. This

application was moved probably in the year 2012

and this application was rejected vide a detailed

order dated 07.05.2012. Thereafter the file was again

fixed for evidence.

11.

Despite several dates fixed for evidence the

opposite party did not produce any evidence in

support of their pleadings.

12.

Whereas the claimant has filed an affidavit in

support of his pleadings as W.W.1.

13.

Opposite party was not present to cross the

witness despite several dates so the opportunity

of the management was closed.

14.

This statement of the workman is on oath. It is

uncontroverted. He specifically stated that he was

employed at the post of peon in April 2000 and he

was used to perform distribution of dak and other

allied work and he was paid through cheque his

wages at the rate of Rs.250/- per month. When he

raised his voice for declaring permanent he was

removed from the service with effect from

01.03.2002.

15.

He has filed the documents paper no.1 – 21. The

original of these documents are in the custody of

the opposite party who was ordered to produce

vide order dated 15.10.04 but they miserably failed

and did not disclose any reason for not filing hence

taking the help of Section 114 of Indian Evidence

Act a legal presumption is drawn that had the

original documents been filed by the management

it would have gone against the management to

draw the inference.

16.

The evidence adduced by the claimant

documentary as well as on affidavit appears to be

believable. The opposite party has failed to file

any evidence in rebuttal to the claim of the claimant.

17.

From the evidence of the workman it is established

that he had completed more than 240 days

preceding 12 calendar months from the date of

termination. It is also proved that the workman has

not been paid any notice, notice pay or

retrenchment compensation by the management

at the time of termination of his service, therefore,

his retrenchment is illegal and is liable to be set

aside. Accordingly it is set aside and it is directed

that the workman be reinstated in service with 50%

back wages.

Dated : 1-5-2013

RAM PARKASH, Presiding Officer

ubZ fnYyh] 1 vxLr] 2013

dk-vk- 1835-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj iatkc ,.M

¯l/ cSad ds çca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;&II] p.Mhx<+ ds iapkV (lanHkZ la[;k

980@2005) dks çdkf'kr djrh gS tks dsUæh; ljdkj dks 30&7&2013

dks çkIr gqvk Fkk A

¹la- ,y&12012@401@96&vkbZvkj (ch&II)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 1st August, 2013

S.O. 1835.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. I.D. 980/

2005) of the Central Government Industrial Tribunal/Labour

Court-II, Chandigarh now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of Punjab and Sind Bank and their workman,

which was received by the Central Government on

30-7-2013.

[No. L- 12012/401/96-IR (B-II)]

SUMATI SAKLANI, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present : Sri A.K. Rastogi, Presiding Officer

Case No. I.D. No. 980/2005

Registered on 16.9.2005

4978

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

Sh. Sukhwinder Singh, C/o Sh. H.C. Arora, H.No.2299,

Sector 44D, Chandigarh.

.....Petitioner

Versus

The Regional Manager, Punjab and Sind Bank,

Regional Office, Kothi No.5, Kamla Nehru Nagar,

Bathinda, Punjab

.........Respondents

APPEARANCES :

For the workman

:

Sh. Sandeep Bhardwaj Adv.

For the Management :

Sh. J.S. Sathi Advocate.

AWARD

Passed on 9-7-2013

Central Government vide Notification No. L-12012/

401/96/IR(B-II) Dated 29.8.1997, by exercising its powers

under Section 10 Sub-section (1) Clause (d) and Sub-

section (2-A) of the Industrial Disputes Act, 1947

(hereinafter referred to as ‘Act’) has referred the following

Industrial dispute for adjudication to this Tribunal :—

“Whether the action of the management of Punjab

and Sind Bank in dismissal of services of

Sh. Sukhwinder Singh from the Bank w.e.f. 25-3-1992

is legal and justified? If not, to what relief the said

workman is entitled?”

Vide charge-sheet dated 5.2.1987 the workman was

charge-sheeted for committing large number of

irregularities of very grave nature resulting in fraud

amounting to Rs. 4,12,029.44 paise while working at Branch

Office Abohar of Punjab and Sind Bank as Clerk/Typist

working on the loans counter during the years 1981 to

1984 and was dismissed vide order dated 25.3.1992 from

bank service after enquiry.

As per claim statement, an FIR had also been lodged

against the workman for the alleged commission of fraud

on the same facts but even after lapse of considerable

years the police did not charge-sheet him. The plea for

deferring the departmental enquiry to the conclusion of

the criminal trial was not accepted by the bank and the

departmental inquiry was conducted against him in most

unfair and prejudicial manner and against the principles of

natural justice. He was not provided reasonable

opportunity of defence. The findings of the Inquiry Officer

were not based on legal evidence and were perverse. The

workman had represented against the findings of the

Inquiry Officer to the disciplinary authority but the

disciplinary authority without dealing with any of the

contentions raised by the workman imposed the

punishment of dismissal. The appeal of the workman

against the punishment order was also dismissed by

appellate authority in a most unjustified manner. The

workman has prayed that the penalty of dismissal from

service being disproportionate to the alleged charge and

harsh be set aside with continuity of service and full back

wages.

The claim was contested by the management and it

was stated that the workman had been charged for causing

willful damage to the property of the bank by making

fictitious credit entries, raising loans without security and

non-existence of borrowers, embezzling amount by

tempering with the bank record and exercising undue

influence upon bank’s customers for his benefit.

According to the bank the enquiry had been conducted in

accordance with the laid down procedure of Bipartite

Settlement and the workman had been given opportunity

to present documentary evidence and witness to prove

his case. He had been given the copies of proceedings

and had been permitted to avail services of the defence

representative and thus the enquiry had been conducted

as per Rules and Regulations in a just, fair and proper

manner. The copy of enquiry report had been supplied to

the workman to enable him to make any representation.

He had also been given show cause notice against the

proposed punishment and the workman had availed the

opportunity and had made representation. The punishment

order was passed by the disciplinary authority after

considering the entire record of the inquiry and the proof/

representation submitted by the workman. The disciplinary

as well as appellate authority acted in accordance with the

Rules and Regulations of bank and also in conformity

with the principles of natural justice. The gravity of the

charges proved against the workman is so serious that his

continuation in bank service is against the interest of bank

and also prejudicial to the customers and it would be highly

unjustified to reinstate such workman in the service of the

bank. As such the workman is not entitled to any relief

and the reference deserves to be rejected. The claim was

resisted on the ground of delay also.

In a rejoinder to the written statement the workman

stated that there is no period of limitation specified under

the ID Act for raising an industrial dispute.

In support of his case the workman examined himself

and filed certain documents marked as W2 to W10, while

on behalf of management Kanwarjit Singh, Senior Manager

was examined. His statement could not be completed and

had been deferred on 3.1.2008. Workman also stopped

appearing in the case. A notice sent by registered post to

workman returned with postal endorsement ‘left without

address’ hence the case was ordered to proceed ex parte

against workman on 16-8-2010.

From the perusal of the record it was found that on

a previous occasion the case had proceeded ex parte

against management and the written arguments had been

filed on behalf of workman on 25.11.2003. I have perused

those arguments and also the evidence on record and

heard the learned counsel for management.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4979

It has been argued on behalf of workman in the

written arguments that dismissal of the workman is violative

of the provisions of Bipartite Settlement as the prosecution

agency failed to make out a case for prosecution. The

management was at liberty to proceed against the workman

under the provisions of Bipartite Settlement relating to

discharge and in that event if ultimately after enquiry it is

decided not to continue such a workman in service, he

shall be liable only for termination with three month’s pay

and allowances in lieu of notice as provided in Clause 19.3

of the settlement and since in the present case the

prosecution agency has failed to present the charge-sheet

even after more than a decade, the workman should not

have been imposed the punishment of dismissal from

service.

The learned counsel for management argued that

the referred provisions of Bipartite Settlement are not

applicable in the present case. Para 19.4 of Bipartite

Settlement of 1966 provides that if after steps have been

taken to prosecute the employees or to get him prosecuted,

for an offence, he is not put on trial within a year of the

commission of the offence, the management may then deal

with him as if he had committed an act of “gross

misconduct” or “minor misconduct” provided that if the

authority which was to start prosecution proceedings

refused to do so or come to the conclusion that there is no

case for prosecution it shall be open to the management

to proceed against the employee under the provisions set

out in Clause 19.11 and 19.12 relating to discharge and in

the event of the management deciding, after enquiry, not

to continue him in service, he shall be liable only for

termination with three months’ pay and allowance in lieu

of notice as provided in Clause 19.3. The learned counsel

for management argued that the provision for termination

with three months’ pay and allowance in lieu of notice will

apply only if the police who was to start prosecution

proceedings had refused to do so or had come to the

conclusion that there is no case for prosecution. In the

present case it is not the case of the workman that the

police had submitted a closure report.

I agree with the learned counsel for the management

and I am of the view that the provisions of the Bipartite

Settlement relied on by the workman in his written

arguments are not applicable in the case.

The workman in his claim statement has also alleged

that the enquiry was not according to the principles of

natural justice and was not conducted in fair and proper

manner but from the statement of the workman it appears

that the enquiry had been conducted according to the

principles of natural justice. He has admitted during cross-

examination that he had been served with a charge-sheet;

he had been allowed to engage a defence representative

and had been allowed opportunity to cross-examine the

witness of the management. He also admitted that the

enquiry Officer had given him an opportunity to produce

the defence evidence but the witness summoned being

employee of the bank had not appeared in the enquiry. He

also admit to have received the copy of the enquiry report

and show cause notice and to have replied also the show

cause notice.

From the statement of workman it is clear that the

enquiry had been conducted in a fair and proper manner.

The Enquiry report which has been filed by the

workman himself as W3 shows that the workman had

admitted the allegation in his affidavit dated 12.2.1985 and

13.2.1985 in his letter dated 13.2.1985 and 14.2.1985 and

had deposited cash on 14.2.1985 and 5.3.1985. The

workman had deposited Rs.1, 90, 000/- and Rs.17, 656.95

paise. This argument of the workman cannot be accepted

that there is no evidence against him or the confessional

statement is no evidence. The law laid down in Natwarbhai

S. Makwana Vs. Union Bank of India and others 1985 I

LLN 644 decided by the Hon’ble Gujarat High Court and

relied on by workman in his written arguments is not

applicable in the case. In that case the confession or

admission of the employee was not forming part of charge.

The Hon’ble High Court therefore held that he cannot be

guilty for which there was no charge. Admission has got

to be correlated with the charge only.

On the basis of the above law it cannot be said that

the workman cannot be held guilty on the basis of

confession. Against it confession is the best evidence

against its maker. It is not the quality but the quality of the

evidence which is material for establishing the charge. I

am therefore of the view that the enquiry was conducted

in a proper and fair manner and there was sufficient

evidence to prove the guilt of the workman. He had been

charged for committing a large number of irregularities of

a very grave nature resulting 4, 12, 029.44 paise and the

punishment of dismissal from service of the bank was

justified. The reference is answered against the workman.

He is not entitled to any relief.

ASHOK KUMAR RASTOGI, Presiding Officer

ubZ fnYyh] 1 vxLr] 2013

dk-vk- 1836-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj iatkc us'kuy

cSad ds çca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] dksydkrk ds iapkV (lanHkZ la[;k

11@2004) dks çdkf'kr djrh gS tks dsUæh; ljdkj dks 20&7&2013

dks çkIr gqvk Fkk A

¹la- ,y&12011@301@2003&vkbZvkj (ch&II)º

lqefr ldykuh] vuqHkkx vf/dkjh

4980

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

New Delhi, the 1st August, 2013

S.O. 1836.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 11/2004)

of the Central Government Industrial Tribunal/Labour

Court, Kolkata now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of Punjab National Bank and their workman,

which was received by the Central Government on

20-7-2013.

[No. L-12011/301/2003-IR (B-II)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL, KOLKATA

Present : JUSTICE G.S. SARRAF, Presiding Officer

REFERENCE No. 11 OF 2004

Parties :

Employers in relation to the management of

Punjab National Bank

And

Their workmen (Shri Sudhangshu Mahapatra)

Appearances :

For Punjab National Bank

:

Shri A Indwar, Manager

For Punjab National Bank

:

Shri S. Mukherjee,

Employees Union

President

State : West Bengal

Kolkata, dated 6th day of May, 2013

AWARD

This is a reference made by the Central Government

in exercise of its powers under clause (d) of sub-section

(1) and sub-section (2A) of Section 10 of the Industrial

Disputes Act, 1947. The terms of reference given in the

schedule are as follows :

“Whether Mr. Sudhangshu Mahapatra, Special

Assistant, working at Medinipore Branch of Punjab

National Bank is entitled for a stagnation increment

of Rs.230 in the pay scale of Rs. 900-2835 w.e.f.

1.11.1996 or not? If not, what relief he is entitled

to?”

2. According to the statement of claim filed by the

Union the workman Sudhangshu Mahapatra joined the

services of the Punjab National Bank (hereinafter referred

as the Bank) in April, 1977 as a Clerk. As per promotion

policy of the Bank he became an officer in JMG Scale-I in

November, 1985 through process of selection and was

posted at a rural branch in Midnapur Region (West

Bengal). Because of his continuous illness he was unable

to discharge his duties properly and therefore he made a

representation for his reversion to the post of Clerk on

21.12.1987. The competent authority granted his prayer

and posted him as Clerk at BO : Khajra in the district of

Midnapur vide letter dated 18.03.1988. He was then selected

as a Special Assistant and posted at Branch Office

Midnapur. As per norms he was entitled to stagnation

increment with effect from November, 1996 and accordingly

his case was recommended by the Branch Manager to the

Regional Office, Midnapur vide letter dated 07.02.1997.

Competent authority, however, disallowed his claim.

Aggrieved, he made a representation before the Regional

Manager, Midnapur which was rejected. He thereafter

raised an industrial dispute. The Union has prayed that

the workman Sudhangshu Mahapatra be given stagnation

increment.

3. According to the written statement filed by the

Bank as per the terms of Bipartite Settlement dated

14.02.1995 an employee is not entitled to any stagnation

increment if he seeks reversion after one year of the

acceptance of the promotion. In the instant case the

stagnation increment of the workman fell due in November,

1996 but as he sought reversion after one year of the

promotion he was not entitled for the same under the

Bipartite Settlement dated 14.02.1995.

4. The union did not file any affidavit of any

witness. The Bank, however, examined Rati Kanta

Patnayak.

5. Heard Shri S. Mukherjee on behalf of the union

and Shri A. Indwar on behalf of the Bank.

6. The workman was promoted on 18.11.1985. After

one year of the promotion he sought reversion to the post

of Clerk on the ground of illness on 21.12.1987. The

workman’s reversion was allowed by the Bank by letter

dated 18.03.1988 and he was actually reverted to the post

of Clerk on 02.04.1988. The workman reached the maximum

of pay on 01.11.1993. His stagnation increment became

due on 01.11.1996.

7. The Bipartite Settlement dated 14.02.1995 was

made effective from 01.11.1992. Clause 5(c)(ii) of the

Settlement says that an employee shall not be eligible for

stagnation increment’s if he, after accepting promotion,

seeks, and is granted, reversion after one year from the

date of promotion.

8. I have no doubt that the Settlement dated

14.02.1995 which has been made applicable with effect

from 01.11.1992 applies in this case. Since the workman

sought and was granted reversion after one year from the

date of his promotion, he is not entitled to any stagnation

increment under Clause 5(c)(ii) of the Settlement dated

14.02.1995.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4981

9. In view of the above discussion, it is clear that

the workman is not entitled to any relief.

Award is passed accordingly.

JUSTICE G. S. SARRAF, Presiding Officer

ubZ fnYyh] 1 vxLr] 2013

dk-vk- 1837-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj lSUVªy cSad

vkWiQ bafM;k ds çca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] dkuiqj ds iapkV (lanHkZ la[;k 47@2012)

dks çdkf'kr djrh gS] tks dsUæh; ljdkj dks 26&3&2013 dks

çkIr gqvk Fkk A

¹la- ,y&12012@99@2011&vkbZvkj (ch&II)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 1st August, 2013

S.O. 1837.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 47/2012)

of the Central Government Industrial Tribunal/Labour

Court, Kanpur now 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

26-3-2013.

[No. L- 12012/99/2011-IR (B-II)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE SRI RAM PARKASH, HJS, PRESIDING

OFFICER, CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOR COURT, KANPUR

Industrial Dispute No. 47 of 2012

Between :

Sri Akhilesh Srivastava son of Sri R R Prasad,

Resident of 911/7,(1), Sewa Ram II Mills,

Civil Lines Jhansi.

And

The Regional Manager,

Central Bank of India,

Regional Office,

372/18-A, Civil Lines,

Jhansi.

AWARD

1.

Central Government, MoL, New Delhi, vide

notification No. L-12012/99/2011-IR-B-II dated

28.05.2012, has referred the dispute for adjudication

to this tribunal.

2.

Whether the action of the management of Central

Bank of India, Jhansi, in imposing the capital

punishment dismissed without notice upon

Sri Akhilesh Srivastava, Ex-Head Cashier, son of

Sri R R Prasad, vide order dated 18.04.09 is legal and

is justified? What relief the concerned workman is

entitled to?

3.

In the instant case after receipt of reference order

from the Ministry, repeated notices under registered

post have been issued to the Union raising the

dispute, Again registered notice was sent to the

workman from the office of the tribunal but neither

appeared in the case nor did he file any claim

statement.

4.

Therefore, from the conduct of the Union it is crystal

clear that he is not interested in prosecuting with

the case, therefore, reference is bound to be decided

against them for want of pleadings and proof.

5.

Therefore, reference is decided in the above terms

against the workman holding that he is not entitled

for any relief pursuant to the present reference.

6.

Reference is answered accordingly.

RAM PARKASH, Presiding Officer

ubZ fnYyh] 1 vxLr] 2013

dk-vk- 1838-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj cSad vkWiQ

bafM;k ds çca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] y[kumQ ds iapkV (lanHkZ la[;k 18@2008)

dks çdkf'kr djrh gS] tks dsUæh; ljdkj dks 25&7&2013 dks

çkIr gqvk Fkk A

¹la- ,y&12012@122@2007&vkbZvkj (ch&II)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 1st August, 2013

S.O. 1838.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 18/2008)

the Central Government Industrial Tribunal/Labour Court,

Lucknow now 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

25-7-2013.

[No. L- 12012/122/2007-IR (B-II)]

SUMATI SAKLANI, Section Officer

4982

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM- LABOUR COURT, LUCKNOW

PRESENT

Dr. MANJU NIGAM, Presiding Officer

I.D. No. 18/2008

Ref. No. L-12012/122/2007-IR (B-II) dated: 28.02.2008

BETWEEN :

Shri Ganesh Singh

S/o Late Jagdamba Singh,

Village & Post Virohi,

Mirzapur (UP)

AND

The Zonal Manager,

Bank of India,

Goding Star,

B-20/44-A, Bhelapur,

Varanasi (UP)

AWARD

1. By order No. L-12012/122/2007-IR (B-II) dated :

28.02.2008 the Central Government in the Ministry of

Labour, New Delhi in exercise of powers conferred by

clause (d) of sub-section (1) and sub-section (2A) of

Section 10 of the Industrial Disputes Act, 1947 (14 of 1947)

referred this industrial dispute between Shri Ganesh Singh

S/o Late Jagdamba Singh, Village & Post Virohi, Mirzapur

(UP) and the Zonal Manager, Bank of India, Goding Star,

B-20/44-A, Bhelapur, Varanasi (UP) for adjudication.

2. The reference under adjudication is:

“Whether the action of the management of Bank

of India in terminating the services of Shri Ganesh

Singh, Armed Guard w.e.f. 27.11.2001 is justified

and legal? If not, what relief the concerned

workman is entitled to?”

3. It is admitted case of the parties that the workman,

Ganesh Singh had been working with the Bank as Armed

Guard when he had been suspended vide order dated

19.07.2001 for his alleged involvement in the Criminal Case

No. 58/2001 u/s 307 IPC and Criminal case No. 59/2001

u/s 307 IPC and Criminal case No. 60/2001 u/s 25 of the

Arms Act. The workman’s services were terminated vide

order dated 27.11.2001 of the Zonal Manager after giving

him three months’ pay in lieu of notice.

4. The workman in his statement of claim has alleged

that he moved a Writ Petition No. 364606/2001 before

Hon’ble High Court against his suspension; and the

management revoked his suspension vide letter dated

27.11.2001; but terminated his services with immediate

effect through another letter dated 27.11.2001 on the

grounds of loss of confidence, without affording him any

opportunity of hearing or defence. The workman filed

another writ petition No. 1930/2002 against illegal

termination, which was dismissed on the grounds of

alternate remedy. The workman has alleged that termination

of his services without giving any charge sheet or

conducting any departmental inquiry is contrary to the

law and principles of natural justice; and accordingly, his

illegal termination is liable to be set aside and the workman

is liable to be reinstated with consequential benefits.

5. The management in its written statement has

submitted that the workman had been appointed vide letter

dated 13.10.1997 on the specified terms and conditions as

applicable to Armed Guards of the Bank. The security of

the Bank premises and valuables kept therein is of

paramount importance and as such Armed Guard is very

sensitive assignment in the Banking System. The

involvement of the workman in criminal cases led to loss

of confidence of the Bank in its employee; and accordingly,

the services of the workman were terminated as per

provisions contained in para 522 of the Shastry Award

after complying with the norms given therein. The

management has contended that its action of terminating

the services of an employee in whom the Bank had lost its

confidence was lawful as his involvement in various

cognizable offences were basis of their loss of confidence

in the workman; and accordingly, it has prayed that the

claim of the workman be rejected without any relief to him.

6. The workman has filed its rejoinder wherein he

has only reiterated his averments already made in the

statement of claim and has introduced noting new.

7. The parties have filed documentary evidence in

support of their respective claim. The workman examined

himself whereas the management has examined Shri Rakesh

Kumar Sharma, Manager in support of their stands. The

parties availed opportunity to cross-examine the each

other’s witnesses and forwarded oral arguments.

8. Hear representatives of the parties and perused

entire evidence on record.

9. The authorized representative of the workman

has argued that the management has acted arbitrarily in

terminating the services of the workman merely on the

institution of criminal case against him, without giving

him a charge sheet or holding any departmental inquiry

against him. He has further urged that the workman had

been denied of opportunity to defend himself as the

management did not conducted any inquiry before

penalizing him. It is a principle of natural justice that before

penalizing an official the management is duty bound to

conduct a domestic enquiry into the misconduct of the

delinquent official and he should be afforded proper

opportunity to defend himself. It was further submitted

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4983

that workman had been falsely implicated in the criminal

case. The management without going into the facts, acted

in haste; examined the situations superficially and

terminated the services of the workman on the grounds of

‘loss of confidence’. It has been further submitted that

since the workman had not been convicted by the criminal

court therefore, the action of the management in

terminating the services of the workman, considering the

criminal cases is bad in the law and he is entitled for

reinstatement. He has relied on Babul Lal vs. Narmada

Shakari Tel Prakriya Samiti Maryadit Khargone & others

FLR 1996 (74) 1960 and Workman of Subong Tea Estate

vs. The outgoing Management of Subong Tea Estate 1977-

88 SCLJ 3634.

10. In rebuttal the authorized representative of the

Bank has submitted that it is not disputed that the FIR

was lodged against the workman u/s 307 of IPC and u/s 25

of Arms Act and thereafter criminal cases were also

instituted against him. He has further submitted that the

Banking Industry involves a lot of risks in as much as

huge amount of cash and valuable securities are to be

guarded vigilantly and are transferred from one place to

another in a routine course of businesses system. The

security of the Bank premises and valuables kept there in

is of paramount importance and as such armed guard is

very sensitive assignment in the Banking system. It was

also submitted that the service conditions of the Armed

Guard in the Banking Institutions are governed by Bipartite

Settlement with time to time amendments Shastry and Desai

Awards; and accordingly, primarily the workman was placed

under suspension and was paid suspension allowance

and thereafter his services were terminated in view of

provisions contained in para 522 (i) of the Shastry Award

without holding any disciplinary inquiry; after complying

with the conditions given therein. It has been further

argued that the services of the workman were terminated

for loss of confidence in accordance with the terms

contained in para 522 (i) of Sastry Award which amounts

to termination simplicitor. As the services were terminated

under the aforementioned provision of the Sastry Award,

where there is no need to issue charge sheet and no

misconduct was required to be proved.

He has relied on Pavnendra Narayan Verma vs.

S.G.P.G.I. if Medical Sciences and another 2002 (92) FLR

349 (SC) and Suresh Chandra vs State of UP and others,

2010 (124) FLR 594.

11. I have given my thoughtful consideration to

the rival contentions of the authorized representative of

the parties and scanned entire evidence available on

record.

12. The case of the workman, is that he was

appointed as Armed Guard with the management of the

Bank and his services had been terminated by the Bank

for his involvement in the criminal cases, without

conducting any domestic inquiry in the matter, which

amounts to flagrant denial of justice; accordingly, he has

prayed that the termination of his services be declared

illegal and he be reinstated with all consequential benefits.

13. Per contra, the management of the Bank has

come forward with the case that the termination of the

services of the workman is termination simplicitor which

resulted due to loss of confidence in the workman for his

alleged involvement in the cognizable offence u/s 307 IPC

and Section 25 of the Arms Act. The validity of the Bank’s

action in terminating the services of the workman without

holding any formal inquiry into the matter of the workman

rest upon the provisions contained in para 522 (1) of the

Sastry Award, which provides that the services of a

permanent employee can be terminated by giving him three

months’ notice or notice pay in lieu thereof. The

management has contended that since it has paid three

months pay in lieu of notice, its action in terminating the

services of the workman, due to loss of confidence in him,

in compliance of provisions contained in para 522 (1) of

the Sastry award is fully justified.

14. In view of the rival contention of the parties the

para 522 (1) of the Sastry Award is of out most importance,

which is quoted hereunder:

“(1) In cases not involving disciplinary action for

misconduct and subject to clause (6) below, the

employment of a permanent employee may be

terminated by three months’ notice or on payment

of three months’ pay and allowances in lieu of notice.

The services of a probationer may be terminated by

one month’s notice or on payment of a month’s pay

and allowances in lieu of notice.

A bare perusal of the above mentioned shows that

the cases where no disciplinary action for misconduct is

required, the management is at liberty to terminate the

services of its employee by giving him three months’ notice

or on payment of three months’ pay and allowances in lieu

of notice.

15. The principle that to determine whether the

misconduct is motive or foundation of order of termination,

the test to be applied is to ask the question as to what was

the object of the enquiry. In State of Orissa vs. Ram

Narayan Das 1961 (2) FLR 1 (SC), Hon’ble Apex Court has

observed as under:

“If an enquiry or an assessment is done with the

object of finding out any misconduct on the part of

employee and for that reason his services are

terminated, then it would be punitive in nature. On

the other hand, if such an enquiry or an assessment

is aimed at determining the suitability of an employee

for a particular job, such termination would be

termination simplicitor and not punitive in nature.

4984

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

In the case of Pavenendra Narayan Verma v. Sanjay

Gandhi P.G.I. of Medical Sciences and Another 2002 (92)

FLR 349 (SC) Hon’ble Supreme Court laid down the test to

determine the nature of the termination order, i.e. whether

the termination is punitive or simplicitor. The Court

observed that one of the judicially involved tests to

determine whether in substance an order of termination is

punitive is to see whether prior to the termination there

was (a) a full scale formal enquiry (b) into allegations

involving moral turpitude or misconduct which (c)

culminated in a finding of guilt. If all three factors are

present the termination has been held to be punitive

irrespective of the form of the termination order.

Conversely, if any one of the three factors is missing the

termination has to be upheld.

In the case of Gujrat Steel Tubes Ltd. Vs. Gujrat

Steel Tubes Mazdoor Sabha 1980 (40) FLR 152 (SC), it

was observe by the Hon’ble Justice Krishna Iyer that:

“a termination effected because the master is

satisfied of the misconduct and of the consequent

desirability of terminating the service of the

delinquent servant, is a dismissal. If there is

suspicion of misconduct the master may say that he

does not wish to bother about it and may not go

into his guilt but may feel lime not keeping a man he

is not happy with. He may not like to investigate

nor take the risk of continuing a dubious servant.

Then it is not dismissal but termination simplicitor,

if no injurious record of reasons or punitive

pecuniary cut-back on his full terminal benefits is

found. For, in fact, misconduct is not then the

moving factor in the discharge. In other words it

will be a case of motive if the master, after gathering

some prima facie facts, does not really wish to go

into their truth but decides merely not to continue a

dubious employee. The master does not want to

decide or direct a decision about the truth of the

allegations. But if he conducts an enquiry only for

the purpose of proving the misconduct and the

employee is not heard, it is a case where the enquiry

is the foundation and the termination will be bad.”

16. In the light of above legal position, it has to be

determine whether, in substance, the order of termination,

in the present case is punitive in nature or termination is

simplicitor. In the instant case, it is admitted that the

workman involved in the criminal cases, pertaining to

Section 307 IPC and 25 of the Arms Act. Also, the workman

had been detained in jail for the period from 14.05.2001 to

26.06.2001, which resulted into his suspension. The

workman during his cross-examination has stated that the

criminal case in which he was detained is still pending.

The opposite party bank is a financial institution which

deals with the public money. Trust and integrity are basic

qualities of the employee of the Bank. The post of the

Armed Guard is a post of trust and great confidence, as

the duty of the armed guard is not only to provide security

to the Bank’s property/premises and its customers but

also to the hard earned money of the masses; and

involvement of such an employee, in criminal cases, who

holds a strategic post leads to embarrassment and

inconvenience to the Bank and is also detrimental to the

discipline and security of the Bank. If a person who himself

is indulged in anti social activities then how he is supposed

to carryout such a responsible work i.e. providing security

to public money and bank property.

Admittedly, the integrity of the workman became

doubtful for his alleged involvement in cognizable

offences. Also, as per workman’s own statement the said

criminal cases are still pending against him. Had he been

acquitted from criminal cases, then it might have been

considered that he was falsely implicated in the criminal

cases; but here the scene is different, which supports the

stand of the management that it lost the confidence in the

workman and accordingly, terminated his services after

complying with the provisions given in para 522 (1) of the

Sastry Award. As discussed above termination of workman

is not punitive but the termination is simplicitor, no

opportunity was required to be given to the workman

before passing of the impugned order and giving him three

months’ pay in lieu of notice as per the para 522 (1) of the

Sastry Award catered all that was required before

terminating the services of the workman.

17. Thus, in view of the facts and circumstances

stated above and law of the Apex Court, I am of the opinion

that the action of the Bank management in terminating the

services of the workman, in terms of provisions contained

in para 522 (1) of the Sastry Award; who had allegedly

been involved in the cognizable office of serious nature,

was neither illegal nor unjustified. Accordingly, I come to

the conclusion that the workman, Dinesh Singh is not

entitled for any relief.

18. Award as above.

Lucknow

15th July, 2013

Dr. MANJU NIGAM, Presiding Officer

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lqefr ldykuh] vuqHkkx vf/dkjh

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4985

New Delhi, the 1st August, 2013

S.O. 1839.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 16/2002)

of the Central Government Industrial Tribunal/Labour

Court, Kanpur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of Allahabad Bank and their workman, which

was received by the Central Government on

7-5-2013.

[No. L- 12012/38/2001-IR (B-II)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE SRI RAM PARKASH, HJS, PRESIDING

OFF ICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL -CUM-LABOR COURT,

KANPUR.

Industrial Dispute No.16 of 2002

Between :

Sri Narendra Sharma,

C/o L. Radhey Shaym Sharma,

Plot No. 3268,

Awas Vikas Yojna No. 3,

Panki Road, Kalyanpur,

Kanpur

And

The Assistant General Manager,

Allahabad Bank,

Regional Office,

Pandu Nagar,

Kanpur.

AWARD

1.

Central Govt., MoL, New Delhi vide notification no.

L-12012/38/2001-IR (B-II), dated 20.07.01, has

referred the following dispute for adjudication to

this tribunal—

2.

Whether any employer employee relationship exist

between the management of Allahabad Bank and Sri

Narendra Sharma son of Late Radhey Shyam

Sharma? If so whether the action of Regional

Manager/Branch Manager, Allahabad Bank Kanpur.

In terminating the services of Sri Narendra Shrama

with effect from 27.05.2000, is legal and justified? If

not what relief the concerned workman is entitled

to?

3.

Brief facts are—

4.

It has been alleged by the claimant that he was

engaged for the post of peon on 17.05.99 by the

Allahabad Bank at its Vijai Nagar Branch by the then

branch manager Sri M. K. Mishra and he was being

paid Rs.50 per day. His job was of permanent nature

like to bring drinking water in the branch, to bring

registers, to bring vouchers from the cash

department, to provide token to the customers of

the branch and to bring stationery etc. It is also

stated besides the above work he was also deployed

to operate the generator. When made a demand for

his permanency in the service of the bank the officers

of the bank annoyed and he was removed from the

service of the bank by oral order. He had worked for

more than 240 days of continuous service. Lastly it

has been prayed that he be reinstated in the service

of the bank with full back wages.

5.

Opposite party has filed reply alleging that the

applicant was never engaged by the bank, there exist

no relationship of master and servant between the

bank and the workman. However, they have stated

that the bank had given a contract to Dharm

Electricals Kanpur for providing and running a

generator of 5 KVA at Vijai Nagar Branch. After

installation of generator the contractor for full filling

his part of agreement to run the generator had

deputed the claimant on his behalf to operate the

generator as such the claimant was operating the

generator on behalf of the contractor. At no point of

time he was engaged as peon at all. It is also stated

that there was already sufficient strength of peons

at the branch and as such there could be no occasion

to appoint the claimant. As there was no termination,

question of flouting the provisions of the Act does

not arise. Therefore, the claimant is not entitled for

any relief.

6.

Rejoinder has also been filed but nothing new has

been stated therein.

7.

Both the parties have filed the documentary

evidence as well as adduced oral evidence.

8.

Claimant has filed 127 papers which are photocopies

in the nature mostly illegible. These paper are paper

no. 14/7 to 14/128.

9.

Opposite party has filed three payment vouches

which are certified copies of the vouchers alleging

that these are not in the name of the claimant.

10.

Claimant has adduced himself as W.W.1 Narendra

Sharma. Opposite party has produced one Sri Manoj

Mishra who is the Sr. Manager of the Bank as M.W.1.

11.

I have heard and examined the evidence of both the

parties documentary as well as oral.

12.

It has been alleged by the claimant that he was

engaged in the year on 17.5.99 by the Branch Manager

M. K. Mishra. M.W.1 is the person who has been

4986

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

the branch manager during the period 1997 to 2000.

He has stated on oath that during that period there

were two sub staff working in the year 1999 and

they were permanently posted. Their names are

Devender and Shyam Sunder Sharma. They have

never employed Sri Narendra Kumar Sharma as peon

and they have never made any payment in the name

of the claimant. Whenever there was need for

purchase of misc. items a voucher was prepared in the

name of sub staff and the payment was made to them.

13.

Much stress has been given by the claimant on paper

no. 14/7 to 9. These are the vouchers dated 9.10.99,

16.10.99 and 23.10.99.

14.

Both the parties have filed the photocopies of these

vouchers. It has been contended by the opposite

party that original of these vouchers were sent to

AGM Office, on 7.10.05 and thereafter original

vouchers are not traceable and they have also filed

an affidavit paper no. 33/3-4 of a Manager which

has been considered by me.

15.

A.R. for the claimant is pressing that the aforesaid

vouchers 14/7-9 bears the signature of Sri Narendra

Sharma on the back of these vouchers, whereas the

auth. Rep. of the opposite party as well as M.W. 1

stated on oath that two vouchers dated 9.10.99 and

16.10.99 were prepared in the name of S S Sharma to

bring water etc. Sri S S Sharma is a member of the

sub staff as stated by M.W. 1. On the front of these

voucher there is specific endorsement - cashier

please pay Sri SS Sharma. This voucher also bears

the signature of Sri Sharma on the back of these

vouchers.

16.

The contention of the A.R. for the opposite party is

that when the payment was made to S S Sharma and

endorsement to this effect is available on the front

side of these voucher how he would be able to sign

these vouchers on the back. Opposite party stated

that the claimant somehow procured the photocopy

of these vouchers and put his signature and again

got it photo copies, which have been filed. Similarly

voucher paper no.14/9 is in the name of M Mishra

and is not in the name of Narendra Sharma.

17.

It is also stated by the opposite party that in para 4

of the claim statement the claimant himself has

written that all the vouchers which were prepared

under the Head of payment of salary, but the claimant

came to know these vouchers were torn by the

management and prepared another voucher under

the head of water.

18.

In this way also there cannot be any voucher as

wages or salary in the name of the claimant. I have

also considered the other documents filed by the

claimant paper no.14/10-128. Cognizance of such

type of documents cannot be taken which are

photocopies.

19.

There is no appointment letter, whereas M.W.l has

specifically stated that to appoint any sub staff there

is a prescribed procedure and this power also vested

in the Head Office of the bank. Claimant was no

where appointed or engaged through this procedure.

20.

Therefore, the claimant has failed to prove that he

was employed for the post of peon and he

continuously worked for 240 days before his

termination which is 25.05.2000. There is no cogent

oral as well documentary evidence that the claimant

had worked for more than 240 days. Initial burden

lies on the claimant to prove that he had worked for

more than 240 days continuously. Therefore the

claimant failed to discharge his obligation in this

regard.

21.

Consequently it is held that the claimant is not

entitled for any relief as claimed by him.

22.

Reference is accordingly answered against the

claimant and in favour of the opposite party.

RAM PARKASH, Presiding Officer

ubZ fnYyh] 5 vxLr] 2013

dk-vk- 1840-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj nf{k.k iwoZ jsyos

ds çca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k] tcyiqj ds iapkV (lanHkZ la[;k 116@99) dks çdkf'kr

djrh gS tks dsUæh; ljdkj dks 1&8&2013 dks çkIr gqvk Fkk A

¹la- ,y&41012@137@98&vkbZvkj (ch&I)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 5th August, 2013

S.O. 1840.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 116/99)

of the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure in the Industrial

Dispute between the management of S.E. Railway and their

workmen, received by the Central Government on 1-8-2013.

[No. L- 41012/137/98-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM LABOUR COURT,

JABALPUR

No. CGIT/LC/R/l16/99

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4987

Presiding Officer : SHRI R.B. PATLE

Shri Pushpachandrahas Vyas,

Ex -Casual Gangman,

Vge . Thyodharivaghelan,

Distt. Satna (MP)

...Workman

Versus

Divisional Railway Manager,

South Eastern Railway,

Bilaspur

...Management

AWARD

Passed on this 4th day of July 2013

1.

As per letter dated 9-3-99 by the Government of

India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal

under Section 10 of I.D. Act, 1947 as per Notification

No. L-41012/137/98/IR (B-I). The dispute under

reference relates to:

“Whether the action of the management of

Railways, The Divisional Railway Manager, S.E.

Railway Bilaspur terminating the services of

Shri Pushpachandrahas Vyas Ex-Casual Gangman

w.e.f. 27-6-98 is justified? If not, to what relief the

workman is entitled ?”

2.

After receiving reference, notice’s were issued to

the parties. lst party workman filed Statement of

claim at Page 2/1 to 2/3. The case of 1st party is that

he was employee of IInd party. His services were

illegally terminated. Workman is less qualified, only

he can sign, he cannot read or write in English. The

certificate of past service granted to him by PWI

was mentioning wrong dates. It resulted the

certificate as false. That lst party workman had no

intention to obtain service by producing false

certificate. If he was so Iiterate, he would not have

knowingly produced false certificate. The certificate

was not issued on letter pads. The certificate

mentioning wrong period of service is a curable

mistake as Party No.1 worked for years together. He

had educational qualifications and experience. The

termination of his service is not legal. Order of

termination of service dated 27-6-88 be set aside.

Workman prayed for his reinstatement with

consequential benefits.

3.

IInd party filed Written Statement at Page 6/1 to 6/3.

IInd party submits that the allegation of applicant

that he was illegally terminated from service are

denied. That the services of applicant were properly

terminated as he secured Job producing false service

certificate. The contentions of the 1st party that he

is less qualified, he cannot read or speak in English

is denied. It is submitted that what 1st party is doing,

shows he understands contents of service-

certificate submitted for his appointment as casual

gangman. The Ist party had submitted petition

before Hon’ble CAT, Jabalpur and ALC. He was

himself defending those proceedings. The claim of

Ist party ignorance of the contents of certificate is

denied. It is further submitted that workman himself

had admitted in Departmental Enquiry, that he has

produced past working certificate even though he

did not work at all under PWI Bhatapara. That PWl

Bhatapara stated that workman Pushpachandrahas

has never worked under his control. He did not

discharged him at any time and hence the claim of

applicant that past service certificate issued by PWI

Bhatapara is not accepted by Railway

Administration is false. It is submitted that no

question arise to verify or rectify such false

certificate. The workman never worked in Railway

before obtaining appointment as casual Gangrnan

on 8-8-83. The termination order issued by Railway

Administration is correct. Other contentions of

workman are denied as false. IId party prays for

rejection of claim of workman.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as

under. My findings are recorded against each of

them for the reasons as below :—

(i) Whether the action of the

In Affirmative

management of Railways, The

Divisional Railway Manager,

S.E. Railway Bilaspur terminating

the services of Shri Pushpachandrahas

Vyas Ex-Casual Gangman w.e.f.

27-6-98 is legal?

(ii) If so, to what relief the

Relief prayed

workman is entitled to?”

by workman

is rejected.

REASONS

5.

Ist party workman is challenging termination of his

service contending that the past service certificate

produced by him. He had no knowledge of its

contents. The certificate was not intentionally

produced to secure employment. Affidavit of

evidence is filed by workman. He has stated that he

was working in S.E. Railway, Bilaspur under PWI.

Thereafter he was working under PWI for 5 years.

No enquiry was held against him before termination

of his service. That certificate received by him was

produced in the same condition. The certificate was

not prepared or fabricated by him. He received

education upto Vth standard. He cannot read or write

English. PWI issued certificate, was removed from

service. Other person was working in his place. That

4988

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

two person cannot be punished for same ground. In

his cross-examination, workman says from 1983, he

was working. under PWI Khongsara. He was

working till 1988 in Railways. That he had not

produced past service certificate. That he had not

worked in Railway prior to 1983. That prior to joining

service in Railway in 1983, he had not submitted any

false service certificate.

6.

Management adduce evidence of witness Namdeo

Raghav by affidavit. The witness of management

has stated that there was a departmental vigilance

enquiry. The Vigilence party ceased the documents

related to appointment and service records of the

applicants and records are not available in the office.

On the basis of correspondence available in office,

he states that the workman had given false certificate

for obtaining employment. On the basis of complaint

received, the matter was sent to Vigilence deptt. The

Vigilence enquiry, the certificate was found false.

Therefore the service of the workman was dispensed

with. In his cross-examination, management’s

witness says he was working on several posts from

5-3-2001. On report of vigilance, chargesheet was

issued to the workman. Those persons were

removed from service after completion of the

departmental enquiry. The PWI concerned was

suspended and there after he was terminated from

service. PWI Mr. M.H. Kumar has died. That he had

not received record despite of writing several letters.

7.

The pleadings and evidence of 1st party workman

are considered. In his statement of claim, he says

that he had no knowledge about the past service

certificate as he cannot read or write English. He has

not intentionally submitted certificate for obtaining

employment. In his evidence of affidavit, he claims

that the certificate received by him from department

was produced in the same condition. The PWI

concerned issuing certificate was dismissed from

service. There appears substance in the contentions

of IInd party that past service certificate produced

by workman was found false after vigilance enquiry.

The PWI concerned was dismissed from service. If

past, service certificate was false, the employment

given on the basis of such certificate cannot be said

legal.

8.

At the time of argument, learned counsel for Ist party

submitted that no documents were produced by

management. Reliance is placed on ratio held in

case of —

“S.Kirpal Singh Duggal Versus Municipal Board,

Ghaziabad reported in AIR 1968—Supreme Court

1416. The party in possession of best evidence

which would throw light on the issue in controversy

withholding it. Court ought to draw an adverse

inference against him notwithstanding that onus of

proof does not lie on him. Party cannot rely on

abstract doctrine of onus of proof or on the fact that

he was not called upon to produce it.”

9.

IInd party has produced the documents. Those

documents show that Ist party Pushpchandrahas

had filed proceedings before CAT, Jabalpur

challenging his termination from service. Reply was

filed by IInd party. The record of Enquiry

Proceedings is also produced. The Ist party has not

stated anything about the Enquiry Proceeding. The

pleading and evidence of the workman clearly refers.

that the past service certificate was produced by

him but he says that he has no knowledge about jts

contents. When the documents produced for getting

employment was found false after examination, the

termination of service of workman cannot be said

illegal. For above reasons, I record my finding in

Point No. 1 in Affirmative.

10.

In the result, award is passed as under :—

1. The action of the management of Railways,

The Divisional Railway Manager, S.E.

Railway Bilaspur terminating the services of

Shri Pushpachandrahas Vyas Ex-Casual Gangman

w.e.f. 27-6-98 is legal.

2. Relief prayed by workman is rejected.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 5 vxLr] 2013

dk-vk- 1841-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj uhekj {ks=kh;

xzkeh.k cSad ds çca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds

chp vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k 180@97)

dks çdkf'kr djrh gS tks dsUæh; ljdkj dks 1&8&2013 dks çkIr

gqvk Fkk A

¹la- ,y&12012@121@90&vkbZvkj (ch&I)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 5th August, 2013

S.O. 1841.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 180/97)

of the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure in the Industrial

Dispute between the management of Nimar Kshetriya

Gramin Bank and their workmen, received by the Central

Government on 1-8-2013.

[No. L- 12012/121/90-IR (B-I)]

SUMATI SAKLANI, Section Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4989

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/l80/97

Presiding Officer : SHRI R.B. PATLE

Shi Harish Kumar,

S/o Shri Ramkishan Bhutda,

Village Semri, Tehsil Suhagpur,

Distt. Hoshangabad

...Workman

Versus

Chairman,

Nimar Kshetriya Gramin Bank,

4, Nutan Nagar Colony,

Khargaon,

Distt. Khargone (MP)

...Management

AWARD

Passed on this 2nd day of July 2013

1.

As per letter dated 4-7-87 by the Government of

India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal

under Section 10 of I.D. Act, 1947 as per Notification

No. L-12012/121/90/IR (B-I). The dispute under

reference relates to:

“Whether the action of the management of Nimar

Kshetriya Gramin Bank in terminating the services

of Shri Harish Kumar Bhutda S/o Shri Ram Kishan

Bhutda is legal and justified? If not, to what relief

the workman is entitled?”

2.

After receiving. reference, notices were issued to

the parties. Ist party workman submitted statement

of claim at Page 3/1 to 3/8. The case of Ist party is

that he was initially appointed to the post of

supervisor vide order ‘dated 7-6-84 in pay scale

Rs. 925-1500 in establishment of IInd party. Though

he was employed as supervisor but he was

discharging duties of clerical nature. That he had no

power to grant leave to supervise subordinate staff

and take disciplinary action against the Bank. That

he was discharging duties of workman under I..D.

Act. He claims to be covered as workman under

Section 2(s) of I.D. Act.

3.

That he was appointed on probation of 2 years vide

order dated 20-6-84. He was found medically fit.

However the IInd party Bank wanted to

accommodate some other officer and therefore

wanted to get rid of the applicant. It is alleged that

with the intention of terminate him, conspired case

was prepared against him on 28-1-86, no enquiry

was conducted in respect of the charges. He was

advised to bring the standard of his working upto

the level. That he had completed his probation. Prior

to completion of his probation, no letter was issued

for extension of his probation. That he worked

continuously w.e.f. 2-7-84 to 1-1-86 without break.

During probation period, he was on leave. His

probation was extended for one month as per order

dated 27-11-86. Again his probation was extended

for two months as per order dated 17-1-87. That he

was in service of IInd party for two years, 9 months

and 21 days continuously. That the IInd party making

request to clause 8 of the Nimar Kshetriya Gramin

Bank Staff Service Regulations 1983 terminating his

services without assigning reasons or with-holding

enquiry. Workman submits that termination of his

services amounts to retrenchment under Section 2

(oo) of I.D. Act. Said retrenchment is in violation of

Section 25-F of I.D. Act. Workman has referred to

ratio held in various cases decided by Hon’ble High

Courts. He contends that termination of his service

amounts to retrenchment under Section 2(oo) of I.D.

Act. His services are illegally terminated violating

Section 25-F of I.D. Act is illegal. He has not received

any adverse communications. On such contentions,

workman prays for his reinstatement with

consequential benefits.

4.

Management filed Written Statement at Page 6/1 to

6/8. Management submits that Ist party workman

was appointed as Officer vide order dated 7 -6~84 in

the Bank on probation period was not satisfactory.

His probation was extended vide order dated

18-6-86 for 154 days. Ist party did not show

improvement during probation period. A chargesheet

was issued to him on 28-1-86. Reply was given to

the chargesheet by Ist party. However on

assessment of his work performance and conduct,

management found he would not sit as a good

officer. Ist party was found unsuitable to continue

in employment of the Bank. Therefore his services

were terminated as per order dated 28-3-87 giving

3 months salary in lieu of such notice.

5.

Conciliation Officer had submitted Failure Report to

Central Govt. The reference has been made. That Ist

party workman was appointed on probation for two

years. His services were terminable as per Regulation-

8 during probation period. It is further submitted

that the Ist party was posted as permanently as

Manager at Gandhawal Branch of the Bank. He

shows dereliction from duty. It is found that he

remained absent from duty, in many cases subsidy

was not received and some loan cases were found

pending for disbursement. General Manager found

that there was no follow up in loan cases and

n o

entries were made since last 5 months in that behalf

in the register maintained in the Branch. Above

deficiencies were found at the time of inspection by

4990

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

the General Manager. Ist party workman remained

unauthorisely absent from 26-8-86 to 30-8-86. It is

reiterated that the workman was on leave for 154

days during probation period. The probation period

was extended. The services of workman terminated

during probation period giving 3 months pay in lieu

of notice. The termination of services of IInd party

is as per Regulation-8 which permits termination

during probation. Termination of services of Ist party

falls under exception clause (bb) to Section 2 (oo) of

I.D. Act. Section 25-F of I.D. Act is not attracted. It

is further submitted that workman was appointed as

Supervisor in the Bank in 925-1500. It is denied that

he was discharging duties of clerk. That Ist party

was posted as Branch Manager in Officer Cadre.

The duties and functions of Branch Manager are

supervisory and control over the Branch and staff

working there. As such, Ist party is not covered as

workman under I.D. Act.

6.

Probation of workman was extended time to time

and ultimately his services were terminated as good

improvement was found despite of opportunity

given. to him. It is not disputed that workman

completed 2 years of probation. but his probation

period was extended. There is no automatic

confirmation as it depends on satisfactory

completion of deputation period. Merely completing

240 days service does not attract Section 25-F

relating to payment of retrenchment compensation.

The termination is not referred invalid. It is submitted

that the termination. of Ist party falls under the

exception under clause (bb) of Section 2 (oo) of I.D.

Act. It is submitted that reliefs prayed by workman

be rejected.

7.

Considering pleadings ‘on record, the points which

arise for my consideration and determination are as

under. My findings are recorded against each of

them for the reasons as below :—

(i) Whether the Ist party is

In Negative

covered as workman under

Section 2(s) of I.D. Act?

(ii) Whether the action of the

Doesnot Survive

management of Nimar Kshetriya

Gramin Bank in terminating the

services of Shri Harish Kumar

Bhutda S/o Shri Ram Kishan

Bhutda is legal?

\(iii) If so, to what relief the

Relief prayed by

workman is entitled to?”

workman is rejected.

REASONS

8.

There is no dispute that the Ist party Harish Kumar

Bhutda was appointed as Officer in IInd party Bank.

The parties are at dispute whether Ist party is

workman defined under Section 2(s) of I.D. Act, The

verbatim of Section 2(s) is produced as under :—

“ ‘workman’ means any person 9 including an

apprentice employed in any industry to do any

manual, unskilled, skilled, technical, operational,

clerical or supervisory work for hire or reward,

whether the terms of employment be express or

implied, and for the purposes of any proceeding

under this act in relation to an industrial dispute,

includes any such person who has been dismissed,

discharged or retrenched in connection with, or as a

consequence of, that dispute, or whose dismissal,

discharge of retrenchment has led to that dispute,

but doesnot include any such person—

(i)

Who is subject to the Air Force Act, 1950 or the

Army Act, 1950 etc.”

9.

Ist party filed affidavit of his evidence. He has stated

about his appointment and continuity in duty. His

probation was extended for 154 days. That his

services were terminated without assigning reasons

or holding any enquiry. His affidavit of evidence is

silent in the duties performed by. him. Though in

statement of claim, workman has stated that though

he was appointed as Officer, he was performing

duties of clerical nature. His above contentions do

not find place in his affidavit of evidence. In his

cross-examination, Ist party was unable to say

anything with respect to document 7/8. That he did

not understand after reading document 7/22 to 7/29.

He was unable to tell the name of person who was

accommodated when his services were terminated.

10.

Management’s witness Shri Surendra Kumar Saraiya

Personnel Manager of the Bank has stated in his

affidavit about appointment of Ist party as Officer

vide order dated 7-6-84 on probation for 2 years. His

probation was extended for 154 days as per order

dated 18-6-86. His further evidence is devoted about

the written statement produced by the Bank that at

the time of inspection, General Manager found

several deficiencies in his work. In para-9 of his

affidavit, witness states that workman was directly

recruited on post of Officer in 950-1500. He was

posted as Branch Manager through Officer cadre.

The duties and functions of Branch Manager are

supervisory. Branch Manager has supervisory

control over the staff working there. That there are

only two categories of employees in the Bank i.e.

officers and employees. In Para-14 of his affidavit,

he states that it is clear form order of appointment of

Ist party that he was appointed in Officer cadre was

observing his duties as Branch Manager in various

branches. In leave application written by him, he

himself has written his designation as Branch

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4991

Manager. Ist party handed over charge to Shri Anil

Kumar Patel. In his cross-examination, management

witness says no action was taken on charge sheet

issued to the Ist party. Ist party was absent for 154

days. In para-35 of his evidence, management’s

witness says that the Branch Officer had given

training to Ist party as clerk, field officer. He was

unable to tell their names. In para-40 of his evidence,

management witness says Ist party had power to

sanction IRDP loan. The circular in that regard was

issued. It is denied that power to sanction IRDP

Loan was with headquarter. In para-44 of his

evidence, management’s witness, says that

application for leave submitted to the Manager i.e.

clerk and peon. Manager has power to sanction

leave of clerk and peon. As it is very old matter,

record is not available. That Ist party was given

independent charge of Branch Manager. The

documents are produced on record. He had power

to grant leave as per the circular. The evidence of

management’s witness about appointment of Ist

party as Officer, he was posted as Branch Manager

independently. Ist party had power to sanction leave

application of clerk and peon is not shattered. The

documents Exhibit M-10 is addressed to Ist party as

Branch Manager Sunderdev. Exhibit M-11 is also

addressed to Ist party as Branch Manager, 11-A, 12,

11-B, 12-A, 11-C, 12-B, 11-D, 12-C, 13 & 12-D are

addressed to 1st party’s Branch Manager and bears

his endorsement. Documents 11-E is also addressed

to Ist party as Officer, Branch Gandhiwal.

11.

Learned counsel for 1st party Mr. Shashi on the

point whether Ist party is covered as workman under

Section 2(s) relates on ratio held in

“Case of Sunita, B.Vatsaraj and Karnataka Bank. Ltd.

and another reported in 2001-III-LLJ-494. His

Lordship held after analyzing evidence on record

and the decisions, the High Court concluded that

the petitioner though designated as an Officer and

entrusted with powers under a power of Attorney,

she was infact left to the situation of carrying out

the work of clerical nature, no doubt including the

checking up of work done by the other workers in

her own section. The Tribunal had misdirected itself

in appreciating the evidence and hence the impugned

award could not be sustained.” From reading of

Para-8 of judgment it is seen that it was admitted

position that in absence of the Branch Manager, the

petitioner had worked as Manager of the Bandra

Branch.”

The facts of present case are not comparable. It is

not case of workman that he was working as Branch

Manager would be additional charge or power of

Attorney etc. Though in his statement of claim, he

tried to plead that he was doing clerical duties

despite his appointment as officer but his affidavit

of evidence is absolutely silent what kind of duties

he was performing. On the other hand, documents

discussed above find clear that his designation is

Branch Manager as he had acknowledged those

documents. Therefore ratio cannot be applied to the

present case. The copies of awards in R/l/07, R/97/

01 and R/114/07 produced on record cannot be

beneficially considered. In view of the evidence

discussed above. For above reasons, I hold that the

Ist party has failed to prove that he is workman under

Section 2(s) of I.D. Act. Therefore, I record my

finding in Point No.1 in Negative.

12.

Point No. 2 In view of my finding on point No.1, the

Ist party has failed to prove that he is covered as

workmen under Section 2(s) of I.D. Act the protection

of provisions under I.D. Act is not available to the

Ist party. I record my finding on Point No. 2 as

doesnot survive. In view of my finding in Point 1 &

2, workman is not entitled to relief prayed by him.

Accordingly I record my finding in Point No. 3.

13.

In the result, award is passed as under :—

(1)

Ist party is not a workman, he is not entitled to

protection under Section 2(s) of I.D. Act.

(2)

Action of the management of Nimar Kshetriya

Gramin Bank in terminating the services of Shri

Harish Kumar Bhutda S/o Shri Ram Kishan

Bhutda is legal.

(3)

Relief prayed by workman are rejected.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 5 vxLr] 2013

dk-vk- 1842-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj LVsV cSad vkWiQ

bUnkSj ds çca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k 156@99)

dks çdkf'kr djrh gS tks dsUæh; ljdkj dks 1&8&2013 dks çkIr

gqvk Fkk A

¹la- ,y&12012@552@98&vkbZvkj (ch&I)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 5th August, 2013

S.O. 1842.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 156/99)

of the Central Government Industrial Tribunal/Labour

Court, Jabalpur as shown in the Annexure in the Industrial

4992

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

Dispute between the management of State Bank of Indore

and their workmen, received by the Central Government on

1-8-2013.

[No. L- 12012/552/98-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM LABOUR COURT,

JABALPUR

No. CGIT/LC/R/l56/99

Presiding Officer : SHRI R.B. PATLE

The Asstt. General Secretary,

Akhil Bhartiya Adhinasth Bank

Karmchari Sangh,

Central Office, Huzrat Pul,

Opp. Ashoka Palace, Lashkar,

Gwalior

...Workman

Versus

The Asstt. General Manager,

State Bank of Indore,

Regional Office,

Modi House,

Jhansi Road, Gwalior

... Management

AWARD

Passed on this 8th day of July, 2013

1.

As per letter dated 19-4-99 by the Government of

India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal

under Section 10 of I.D. Act, 1947 as per Notification

No. L-12012/552/98/IR (B-I). The dispute under

reference relates to:

“ Whether the action of the management of Asstt.

General Manager, State Bank of Indore in not paying

the special allowance of chowkidar in respect of Shri

Dilip Kumar Chaturvedi w.e.f. 15-3-95 is justified? If

not, to what relief the workman is entitled for?”

2.

After receiving reference, notices were issued to

the parties. Workman submitted statement of claim

at Page 2/1 to 2/2. The case of Ist party workman is

that he is posted as waterman/chowkidar in Patankar

Branch of the State Bank of Indore at Gwalior. That

as per Bipartite settlement between management and

recognized Union, in case the office/branch of the

bank where three or more than three watchmen are

posted, one of them will be appointed as Head

watchman and will be paid Rs. 46 per month. Since

there are three watchman in the branch and the Ist

party workman being the senior most amongst them

is entitled to be designated as Head watchman. That

he is entitled to allowance Rs. 46 per month from

15-3-95 till the agreement came in force. That

workman and Union had submitted several

representations to the management for pleading the

allowance. Management did not pay allowance from

15-3-95. Therefore the dispute was raised.

3.

IInd party filed Written Statement at page 7/1 to 7/4.

Case of IInd party is that workman Dilip Kumar

Chaturvedi was working as chowkidar/peon in

Lashkar branch of the State Bank of Indore at Gwalior.

Prior to 29-9-97. The State Bank of Indore is having

another branch at Maharajpur in Gwalior where

additional posts of subordinate branch was

considered necessary. That it was decided to post

one of the subordinate employee at Maharajpur

branch for smooth function. The names of employees

working as subordinate cadre were shown ‘as —

Shri D. R. Sharma, head peon, Shri R.C. Jatav, Daftari,

Shri S. Dhanelia, Cash Peon, Shri J. C. Pal, Cash

Peon, Shri D. K.Chaturvedi, watchman-cum-peon,

Shri P. S. Sengar, Peon/Farrash/ Chowkidar, Shri

Rakesh Garg, Peon/Chowkidar, Smt. Pushpa Devi,

Peon/farrash. That Ist party workman Dilip Kumar

Chaturvedi was not holding allowance carrying post

either at Lashkar branch. On his transfer to

Maharajpur branch, he was not entitled to special

allowance. He was not holding special allowance

post. That the representation made by the Union

considering the request Ist party workman was

transfer from Kampu branch on 24-10-97. Another

employee from Kampu branch was transferred to

Maharajpur branch. Under VIth Bipartite Settlement,

the service conditions or the subordinate staff are

covered. The applicant is not entitled to special

allowance. That as per the VIth Bipartite settlement,

there is no such post in the name of Head watchman

in the Bank. Therefore Ist party workman employed

as chowkidar is not entitled to such allowance. That

Ist party workman claimed where there are 3 or more

watchman, head watchman is entitled to allowance

Rs.46. Ist pany workman posted at Kampo branch.

There are six sub staffs working in Kampo branch.

Ist party workman working as peon cum farrash is

not entitled to special allowance. On such grounds,

IInd party prayed for rejection of claim.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as

under. My findings are recorded against each of

them for the reasons as below :—

(i) Whether the action of

In Affirmative

the management of Asstt.

GeneralManager, State Bank

of Indore in not paying the

special allowance of chowkidar

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4993

in respect of Shri Dilip Kumar

Chaturvedi w.e.f. l5-3-95 is legal?

(ii) If so, to what relief the

Relief claimed by

workman is entitled to?”

workman is rejected.

REASONS

5.

No evidence is adduced by workman to substantiate

his claim for special allowance working as watchman.

The evidence, of Ist party workman was closed on

18-2-2008.

6.

IInd party management filed affidavit of evidence of

witness Shri Rangnath Kuiya, Asstt. General

Manager. He has stated the facts covered in the

Written Statement filed by the management of IInd

party. Management witness was not cross-examined,

His evidence remained unchallenged. I don’t find

reason to disbelieve his evidence. Considering that

workman failed to adduce evidence in support of

his claim and the unchallenged evidence of

management’s witness, I record my finding in Point

No.1 in Affirmative.

7.

In the result, award is passed as under :—

1.

The action of the management of Asstt. General

Manager, State Bank of Indore in not paying

the special allowance of chowkidar in respect

of Shri Dilip Kumar Chaturvedi w.e.f. 15-3-95 is

legal.

2.

Relief prayed by workman is rejected.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 5 vxLr] 2013

dk-vk- 1843-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj Hkkjrh; LVsV

cSad ds çca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la[;k 161@2001)

dks çdkf'kr djrh gS tks dsUæh; ljdkj dks 1&8&2013 dks çkIr

gqvk Fkk A

¹la- ,y&12012@55@2001&vkbZvkj (ch&I)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 5th August, 2013

S.O. 1843.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 161/

2001) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure in the

Industrial Dispute between the management of State Bank

of India and their workmen, received by the Central

Government on 1-8-2013.

[No. L- 12012/55/2001-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/l61/2001

Presiding Officer : SHRI R.B. PATLE

Smt. Shakunbai,

W/o Shri Vishnu Prasad,

R/o Bhama Ward,

Near Nirmal Medical Store,

Vijay Colony, Gadarulada,

Distt. Narsinghpur (MP)

...Workman

Versus

The Branch Manager,

State Bank of India,

Branch Gadarulada,

Distt. Narsinghpur (MP)

...Management

AWARD

Passed on this 9th day of July, 2013

1.

As per letter dated 16-10-2001 by the Government of

India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal

under Section 10 of I.D. Act, 1947 as per Notification

No. L-12012/55/2001-IR (B-I). The dispute under

reference relates to:

“ Whether the action of the management of State

Bank of India, Gadarwada Branch, Distt. Narsinghpur

in terminating the services of Smt. Shakunbai W/o

Vishnuprasad w.e.f. 18-11-96 is justified? If not, what

relief she is entitled?”

2.

After receiving reference, notices were issued to

the parties. Workman submitted statement of claim

at Page 4/1 to 4/3. The case of workman is that he

was daily rated employee of IInd party working from

12-2-96 to 19-11-96. That services of 1st party were

terminated by the department. The termination was

followed by Conciliation proceeding and ultimately

the dispute between parties is referred to this

Tribunal. That the services of workman were

terminated without giving opportunity of hearing.

No notice was issued. Procedure was not followed.

The termination is illegal, arbitrary and malafide. That

the workman was serving with devotion with

unblemished record. That the record about payment

of salary is in custody of the management. The

management be directed to produce the record.

3.

IInd party management filed Written Statement at

Page 6/1 to 6/6. It is contended that failure report

was submitted by ALC, Jabalpur. Despite of it, the

4994

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

reference has been made. The engagement of 1st

party workman was on daily wage basis based on

need of the work depending upon exigency of work

and only for a period of three hours per day. The

employment of workman cannot be treated as

employment in service of the Bank. There is no

question of violating provision of Section 25-F. The

non-engagement of 1st party workman is not covered

as retrenchment but falls under the provisions of

Section 2(oo )(bb) of I.D. Act. The violation of

Section 25-F is denied. Workman has not completed

240 days continuous service in any of the year. IInd

party has reiterated that the engagement of Ist party

workman cannot be termed as employment in the

Bank. All the other contentions of workman about

violation of provision of I.D. Act are denied. Ist party

workman is not employee for purpose of Section

25-B of I.D. Act. IInd party prayed for rejection of

the claim.

4.

Considering pleadings on record, the points which

arise for my consideration and determination are as

under. My findings are recorded against each of

them for the reasons as below :—

(i) Whether the action of the

In Affirmative

management of State Bank

of India, Gadarwada Branch,

Distt. Narsinghpur in

terminating the services of

Smt. Shakunbai W/o

Vishnuprasad w.e.f.

18-11-96 is legal?

(ii) If so, to what relief the

Relief prayed by

workman is entitled to?”

workman is rejected.

REASONS

5.

Workman is challenging legality of termination of

service by IInd party. However Ist party workman

has failed to adduce any evidence in support of his

claim. Management has filed affidavit of evidence

of Shri Naresh Kumar Agrawal, Chief Manager, SBI,

Gadarwara Branch, Distt. Narsinghpur. Management

witness has stated most of the facts pleaded in

Written Statement filed by IInd party. It is specifically

stated by the witness that the workman has not

completed 240 days in any of the calendar year. His

evidence remained unchallenged. I donot find reason

to disbelieve his evidence as the workman failed to

adduce evidence in support of her claim and to prove

that the action of management terminating his service

is illegal. I record my finding in Point No.1 in

Affirmative.

6.

In the result, award is passed as under :

1.

The action of the management of State Bank of India,

Gadarwada Branch, distt. Narsinghpur in terminating

the services of Smt. Shakunbai W/o Vishnuprasad

w.e.f. 18-11-96 is legal.

2.

Relief prayed by workman is rejected.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 5 vxLr] 2013

dk-vk- 1844-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj mÙkj jsyos ds

çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/ esa

fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd vf/dj.k@Je

U;k;ky;] ubZ fnYyh ds iapkV (lanHkZ la[;k 117@2012) dks

çdkf'kr djrh gS tks dsUæh; ljdkj dks 5&8&2013 dks çkIr gqvk

Fkk A

¹la- ,y&41011@67@2012&vkbZvkj (ch&I)º

lqefr ldykuh] vuqHkkx vf/dkjh

New Delhi, the 5th August, 2013

S.O. 1844.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 117/

2012) of the Central Government Industrial Tribunal/Labour

Court No. 1, New Delhi as shown in the Annexure in the

Industrial Dispute between the management of Nothern

Railway and their workmen, received by the Central

Government on 5-8-2013.

[No. L- 41011/67/2012-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE DR.R. K. YADAV, PRESIDING OFFICER,

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

NO.1, KARKARDOOMA COURTS COMPLEX, DELHI

I.D. No. 117/2012

The State General Secretary,

CITU,

Local Bus Stand. Rajpur Road.

Dehradun

...Workman

Versus

1. The Divisional Railway Manager,

Northern Railway,

Moradabad (U.P)

2. Sr. Divisional Personal Officer,

Northern Railway,

Moradabad (U.P)

...Management

AWARD

Shri Narayan Singh was working as Shed Man with

Northern Railways (in short the Railways), from where he

superannuated from service. Pension was sanctioned in

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4995

his favour. After some time, Shri Narayan Singh breathed

his last. He was survived by his widowed daughter. She

raised a demand with the Railways seeking family pension

in her favour. Her demand was not conceded to. She

approached Centre of Indian Trade Union (in short the

union) for redressal of her grievances. The union took up

her cause as their own and raised an industrial dispute

before the Conciliation Officer. Since the Railways

contested the claim, conciliation proceedings ended into

failure. On consideration of failure report, submitted by

the Conciliation Officer, the appropriate Government

referred the dispute to this Tribunal for adjudication, vide

order No. L-41011/67/2012-IR(B-I), New Delhi dated

24.09.2012, with following terms:

“Whether the action of the management of Northern

Railway Moradabad in not granting family pension

to widowed daughter of late Shri Narayan Singh, Ex-

Shed Man, Northern Railway, Dehradun, is legal and

justified? To what relief the concerned workman is

entitled?”

2. In the reference order, appropriate Government

issued directions to the party raising the dispute to file

claim statement, complete with relevant documents, list of

reliance and witnesses with the Tribunal within 15 days of

receipt of the reference order and to provide copy of such

statement to the opposite party. Despite directions, so

issued, claimant or the union opted not to file claim

statement before the Tribunal.

3. Notice was issued to the General Secretary of the

union at the address provided in the reference order on

16.10.2012 by registered post calling upon them to file

claim statement on or before 07.11.2012. Another notice

was sent to the union by registered post on 12.11.2012

calling upon them to file their claim statement on or before

05.12.2012. None came forward on behalf of the union to

file claim statement. Yet another notice was sent to the

union by registered post on 12.02.2013 calling upon it to

file claim statement on or before 08.03.2013. Last notice

was sent to the union by registered post on 11.03.2013

calling upon it to file its claim statement on or before

08.04.2013. Neither the aforesaid postal article was received

back nor it came to light that postal services remained

affected during the period, referred above. Therefore,

every presumption lies in favour of the fact that the

aforesaid notices were served on the union. Despite

service of the notices, referred above, the union opted not

to file its claim statement.

4. Reference order raises a question as to whether

action of the Railways in not granting family pension to

the widowed daughter of Shri Narayan Singh is legal and

justified. Therefore, it is evident that onus is there on the

Railways. Consequently, the Railways was called to file

its response to the reference order. On compliance of the

directions, response was filed by the Railways mentioning

therein that this Tribunal has no jurisdiction to entertain

this dispute in view of provisions of Administrative

Tribunals Act, 1985. Except this jurisdictional issue, the

Railways opted not to present any factual proposition in

the matter.

5. Arguments were heard at the bar. Shri Man Mohan

Singh, authgrized representative, advanced arguments on

behalf of the Railways. As projected above, none came

forward on behalf of the claimant or the union to present

facts. I have given my careful considerations to the

arguments advanced at the bar. My findings on issues

involved in the controversy are as follows:

6. The only contention advanced by Shri Man

Mohan Singh is that this Tribunal has no jurisdiction to

entertain the dispute, in view of the provisions of

Administrative Tribunals Act, 1985. Unfortunately,

submissions made by Shri Man Mohan Singh are not in

consonance with provisions of the aforesaid Act. The

Administrative Tribunals Act, 1985 saves jurisdiction of

this Tribunal to adjudicate the matter. For the sake of

convenience, provisions of Section 28 of the said Act are

reproduced thus :

“28. Exclusion of jurisdiction of courts except the

Supreme Court —

On and from the date from which any jurisdiction,

powers and authority becomes exercisable under

this Act by a Tribunal in relation to recruitment and

matters concerning recruitment to any Service or

post or service matters concerning members of any

Service or persons appointed to any Service or post,

no court except —

(a) the Supreme Court; or

(b) any Industrial Tribunal, Labour Court or other

authority constituted under the Industrial Disputes

Act, 1947 (14 of 1947) or any other corresponding

law for the time being in force,

shall have or be entitled to exercise any jurisdiction,

powers or authority in relation to such recruitment

or matters concerning such recruitment or such

service matters.”

7. Bare perusal of the provisions of Section 28 of

the Administrative Tribunals Act, 1985 makes it apparent

that jurisdiction of this Tribunal to adjudicate industrial

disputes has been saved by the aforesaid Act. Resultantly,

it is evident that objection taken by the Railways, relating

to jurisdiction of this Tribunal, is uncalled for. Resultantly,

the said objection is, hereby, brushed aside.

8. Railway Services (Pension) Rules 1993 (in short

the Rules) detail parameters for grant of pension or family

pension when a railway servant retires or is retired or is

discharged or is allowed to resign from service or dies, or

4996

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

the case may be. Rule 3(9) defines “family pension” to

mean family pension, admissible under rule 75 of the Rules.

Rule 75 narrate that there is Family Pension Scheme for

Railway Servants 1964 (hereinafter referred to as the

Scheme). The Scheme provides parameters for grant of

pension or family pension to the railway servants or their

dependents in case of death of the former, as the case may

be. Rule 19(b) of the said scheme defines ‘family’ for the

purpose of grant of family pension. For the sake of

convenience, the said definition is extracted thus :

(b)

‘family’, in relation to railway servant, means:

(i)

wife in the case of a male railway servant or

husband in the case of a female railway

servant;

(ii)

a judicially separated wife or husband, such

separation not being granted on the ground

of adultery and the person surviving was

not held guilty of committing adultery;

(iii)

son who has not attained the age of twenty-

five years and unmarried daughter who has

not attained the age of twenty five years,

including such son and daughter born after

retirement or adopted legally;

9. As pointed out above, unmarried daughter who

has not attained the age of twenty five years is entitled to

family pension. A daughter becomes ineligible for family

pension from the date she gets married, as provided by

rule 6(2) of the said scheme. Thus, it is evident that a

daughter becomes ineligible for family pension when she

gets married. After her marriage, a daughter cannot revert

to the family of the railway servant for the purpose of

family pension, despite the fact that she becomes a widow.

Thus it is evident that a widowed daughter is not entitled

to family pension, under the provisions of the scheme,

referred above.

10. Appropriate government referred the question

as to whether widowed daughter of Shri Narayan Singh is

entitled to family pension. In view of the above

discussions, it is apparent that widowed daughter is not

entitled to family pension. In such a situation, refusal of

the claim of the widowed daughter of Late Shri Narayan

Singh for grant of family pension is neither illegal nor

unjustified. Action of the Railways in not granting family

pension to widowed daughter of Shri Narayan Singh is

found to be in consonance with the provisions of the

scheme, referred above. Except the scheme, there are no

other provisions for grant of family pension in the Rules.

Under these circumstances, it is concluded that widowed

daughter of Shri Narayan Singh is not entitled to any relief.

Reference is answered, accordingly. The award be sent to

the appropriate Government for publication.

Dated : 24-7-2013

Dr. R. K. YADAV, Presiding Officer

ubZ fnYyh] 5 vxLr] 2013

dk-vk- 1845-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa] dsUæh; ljdkj eSllZ bZlh,y

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]

vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] vklulksy ds iapkV (lanHkZ la[;k

34@2002) dks çdkf'kr djrh gS tks dsUæh; ljdkj dks 5&8&2013

dks çkIr gqvk Fkk A

¹la- ,y&22012@1@2002&vkbZvkj (lh,e&II)º

ch- ,e- iVuk;d] MsLd vf/dkjh

New Delhi, the 5th August, 2013

S.O. 1845.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 34/2002)

of the Central Government Industrial Tribunal-cum-Labour

Court, Asansol as shown in the Annexure in the Industrial

Dispute between the management of Madhavpur Colliery,

M/s. Eastern Coalfields Limited and their workmen, received

by the Central Government on 5-8-2013.

[No. L- 22012/1/2002-IR (CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT,

ASANSOL

Present : Sri Jayanta Kumar Sen, Presiding Officer

Reference No. 34 of 2002

Parties :

The management of Madhavpur Colliery of

M/s. ECL, Burdwan

Vs.

The Gen. Secy., KMC, Asansol, Burdwan

(WB)

Representative :

For the Management

:

Sri P. K. Das, Ld. Advocate

For the Union

:

Sri Rakesh Kumar, Ld.

(Workman)

Representative

Industry : Coal

State : West Bengal

Dated : 07-06-2013

AWARD

In exercise of powers conferred by clause (d) of Sub-

secuont (1) and Sub-section 2(A) of Section 10 of the

lndustrial Disputes Act, 1947 (14 of 1947), Govt. of India

through the Ministry of Labour vide its Order No. L- 22012/

1/2002-IR(CM-II) dated 14.08.2002 has been pleased to

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4997

refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

“Whether the action of the management of

Madhavpur Colliery of M/s. Eastern Coalfields

Limited in not providing employment to Sh. Raghu

Nunia, dependant of l.ate Durga Nunia, C.C.M.

Helper is legal and justified? If not, to what relief the

dependant of the workman is entitled to ?”

Having received the Order of Letter No. L-220121/1/

2002-IR(CM-II) dated 14.08.2002 of the above said

reference from the Govt. of India, Ministry of Labour, New

Delhi for adjudication of the dispute, a reference case No.

34 of 2002 was registered on 10.09.2002 and accordingly

an order to that effect was passed to issue notices through

the registered post to the parties concerned directing them

to appear in the court on the date fixed and to file their

written statements along with the relevant documents and

a list witnesses in support of their claims. In pursuance of

the said order notices by the registered post were sent to

the parties concerned.

Sri Durga Nunia was working as C.C.M. Helper in

Madhavpur Colliery of M/s. ECL as permanent employee

was suffering from T.B. and was treated in T.B. Hospital,

Searsole, Kunustoria Area of ECL and during treatment he

died on 19.06.98. Photocopy of ldentity Card of Sri Durga

Nunia (No. 13482, Form ‘B’ No. 1115), treatment paper of

ECL Hospital and Death Certificate granted by the office

of Medical Superintendant, T.B. Hospital, Searsole filed

by the Union on behalf of Sri Raghu Nunia who claimed

job on compassionate ground as dependant of Late Durga

Nunia.

On perusal of the record and the documents filed on

behalf of the dependant Sri Raghu Nunia S/o Late Durga

Nunia that Smt. Saraswati Nunia W/o Late Durga Nunia

has filed a petition before the Agent Madhavpur Colliery

on 13.07.98 for providing employment to her son Sri Raghu

Nunia against the death of her husband as per Schedule

of NCWA-V and on the same day (13.07.98) Sri Raghu

Nunia has also applied for employment on compassionate

ground due to death of his father Sri Durga Nunia. On

perusal of the document (W.E. VIII) which is a photocopy

of the Letter dated 03.05.89 issued by Supdt. Manager,

Madhavpur Colliery that Late Sri Durga Nunia was found

unauthorized absent in the year 1995, 1996 and 1997 due

to which he was punished by the Management and he (Sri

Durga Nunia) was directed to join as “Badli-Worker” so it

is apparently clear that Sri Durga Nunia was not dismissed

frorn service by the Management and he was very well in

service at the time of his death. In this case though the

learned lawyer Shri Piyush Kanti Das, Advocate, appeared

on behalf of the Management but he could submit written

statement in this case as the Management did not co-

operate him by sending the statement of facts, documents

etc. But the learned Advocate Sri Das has cross-examined

the claimant Sri Raghu Nunia and on perusal of the cross-

examination of the claimant I find that the main plea of the

management is that as because Sri Durga Nunia was

punished due to unauthorized absent and his job was

degraded as “Badli-Worker” hence his son Raghu Nunia

(claimant) can not claim service on compassionare ground

on the death of his father Sri Durga Nunia. In my opinion

this plea of the management is not sustainable, because

Rule 3.3 of the Standing Order of M/s. ECL (W.E. XV)

clearly shows that “Badli-Worker” is a punishment and

not an order of dismissal and Letter Ref. Madh/Sr. P.O./

Badli/89/576 dated 03.05.89 issued by Supdt./Manager,

Madhavpur Colliery shows that Sri Durga Nunia was

directed to join as “Badli-Worker”.

Hence in my opinion the action of the Management

of Madhavpur Colliery of M/s. Eastern Coalfields Limited

in not providing employment to Sri Raghu Nunia.

dependant of Late Sri Durga Nunia, C.C.M. Helper is totally

illegal and not justified and accordingly the same is set

aside.

Management is directed to provide employment to

the claimant Sri Raghu Nunia on compassionate ground

due to death of his father Sri Durga Nunia, within two

months from the receipt of this Award after completing all

the formalities.

ORDER

Let an “Award” be and the same is passed as per

above. Send the copies of the “Award” to the Government

of India. Ministry or Labour & Employment. New Delhi for

information and needful.

JAYANTA KUMAR SEN, Presiding Officer

ubZ fnYyh] 5 vxLr] 2013

dk-vk- 1846-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa] dsUæh; ljdkj eSllZ bZlh,y

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]

vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] vklulksy ds iapkV (lanHkZ la[;k

54@2005) dks çdkf'kr djrh gS] tks dsUæh; ljdkj dks 5&8&2013

dks çkIr gqvk Fkk A

¹la- ,y&22012@304@2004&vkbZvkj (lh,e&II)º

ch- ,e- iVuk;d] MsLd vf/dkjh

New Delhi, the 5th August, 2013

S.O. 1846.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 54/2005)

of the Central Government Industrial Tribunal-cum-Labour

Court, Asansol as shown in the Annexure in the Industrial

4998

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

Dispute between the management of Eastern Coalfields

Limited and their workmen, received by the Central

Government on 5-8-2013.

[No. L- 22012/304/2004-IR (CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT,

ASANSOL

Present : Sri Jayanta Kumar Sen, Presiding Officer

Reference No. 54 of 2005

Parties :

The management of Nimcha Colliery of M/s.

ECL, Burdwan

Vs.

Sri S. K. Pandey, The Gen. Secy., KMC,

Asansol (WB)

Representative :

For the Management

:

Sri P. K. Goswami, Ld.

Advocate

For the Union

:

Sri S. K. Pandey, Ld.

(Workman)

Representative

Industry : Coal

State : West Bengal

Dated : 21-06-2013

AWARD

In exercise of powers conferred by clause (d) of Sub-

section (1) and Sub-section 2(A) of Section 10 of the

lndustrial Disputes Act, 1947 (14 of 1947), Govt. of India

through the Ministry of Labour vide its Order No. L- 12012/

304/2004-IR(CM-II) dated 25.07.2005 has been pleased to

refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

“Whether the order of dismissal accorded to Sh. S.

N. Bhomraj by the management of Nimcha Colliery of M/s.

Eastern Coalfields Limited is legal and justified? If not, to

what relief the workman is entitled?”

Having received the Order of Letter No. L-22012//

304/2004-IR (CM-II) dated 25.07.2005 of the above said

reference from the Govt. of India, Ministry of Labour, New

Delhi for adjudication of the dispute, a reference case No.

54 of 2005 was registered on 17.08.2005 and accordingly

an order to that effect was passed to issue notices through

the registered post to the parties concerned directing them

to appear in the court on the date fixed and to file their

written statements along with the relevant documents and

a list of witnesses in support of their claims. In pursuance

of the said order notices by the registered post were sent

to the parties concerned.

The workman S. N. Bhomraj was a permanent

employee as underground Loader at Nimcha Colliery of

M/s. Eastern Coalfield Limited since 13.07.1995. It is further

case of the Management the workman absented from his

duty w.e.f. 06.12.2000 to 19.02.2001 due to sick, and charge

sheet as NC/CS.PER/25 dated 19.02.2001 and after enquiry

he was found guilty by the Management and dismissed

from service vide G. M. Satgram Area, Letter No. SAT/

G.M/ PER/C/2002/665(E) dated 25.11.2002.

The learned lawyer of the Management Shri P. K.

Das. Advocate has submitted that the workman did not

inform the Management regarding his sick and earlier also

the workman was found unauthorized absent due to which

he was also punished and the workman during his cross-

examination (Para-7) has admitted this fact. It has further

been submitted that the workman is a habitual

unauthorized absentee, hence the order of dismissal of

workman taken by the Management is legal and justified.

The learned representative of the workman Shri S.

K. Pandey has submitted that the enquiry was conducted

exparte as no information or notice regarding enquiry was

sent to the workman. It has further been submitted that

the Management has taken very harsh step against the

workman on the ground of absent for two months only,

where as on this ground several workman were allowed to

join. It has further been submitted that the workman was

suffering from jaundice and he was treated by his nearby

one private doctor and due to illiteracy he could not inform

the managemeut in time. It is further been submitted that

the workman belongs to very poor family and due to harsh

steps taken by the Management against the workman, his

whole family is starving since 2002 and they are forced for

begging for their livelyhood which is against the principle

of Natural Justice, hence necessary order rnay be passed

so that the workman as well as his family member can be

saved from starvation.

On perusal of the record I find that it is fact that the

Management has taken a very harsh and extreme decision

against the workman S. N. Bhomraj due to his absent of

two months only and in my opinion this decision of the

Management of Nimcha Colliery of M/s. E.C.L. is not legal

and is quite unjustified.

Accordingly the dismissal order against the

workman S. N. Bhomraj taken by the Management of

Nimcha colliery of M/s. E.C.L. is hereby set aside, and the

Management is directed to reinstate the workman S. N.

Bhomraj immediately within one month of the notification

of this Award with 50% back wages from 06.12.2000 till he

joins.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

4999

ORDER

Let an “Award” be and the same is passed as per

above discussion. Send the copies of the order to the

Govt. of India. Ministry of Labour, New Delhi for

information and needful. The reference is accordingly

disposed of.

JAYANTA KUMAR SEN, Presiding Officer

ubZ fnYyh] 5 vxLr] 2013

dk-vk- 1847-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj eSllZ bZlh,y

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] vlulksy ds iapkV (lanHkZ la[;k 82@2005)

dks çdkf'kr djrh gS] tks dsUæh; ljdkj dks 5&8&2013 dks çkIr

gqvk Fkk A

¹la- ,y&22012@251@2004&vkbZvkj (lh,e&II)º

ch- ,e- iVuk;d] MsLd vf/dkjh

New Delhi, the 5th August, 2013

S.O. 1847.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award Ref. No. 82/2005

of the Central Government Industrial Tribunal-cum-Labour

Court, Asansol as shown in the Annexure in the Industrial

Dispute between the management of M/s. Eastern Coalfields

Limited and their workmen, received by the Central

Government on 5-8-2013.

[No. L- 22012/251/2004-IR (CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

Present : Sri Jayanta Kumar Sen, Presiding Officer

Reference No. 82 of 2005

Parties :

The management of Bansra Colliery of M/s.

ECL, Burdwan

Vs.

The Gen. Secy., KMC, Asansol (WB)

REPRESENTATIVES :

For the Management

:

Shri P. K. Das, Ld. Advocate

For the Union

:

Shri Rakesh Kumar, Ld.

(Workman)

Representative

Industry : Coal

State : West Bengal

Dated : 03-06-2013

SETTLEMENT AWARD IN LOK ADALAT HELD

ON 03.06.2013 A T KUNUSTORIA GUEST HOUSE

In exercise of powers conferred by clause (d) of Sub-

section (1) and Sub-section 2(A) of Section 10 of the

lndustrial Disputes Act, 19'47 (14 of 1947), Govt. of India

through the Ministry of Labour vide its Order No. L- 22012/

251/2004-IR(CM-II) dated 06.07.2005 has been pleased to

refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

“Whether the action of the management of Bansra

Colliery under Kunustoria Area of M/s. Eastern

Coalfields Limited in dismissing Sh. Kalosona Majhi.

U.G. Loader from services is legal and justified? If

not, to what relief he is entitled?”

Having received the Order of Letter No. L-22012/

251/2004-IR (CM-II) dated 06.07.2005 of the above said

reference from the Govt. of India, Ministry of l.abour, New

Delhi for adjudication of the dispute, a reference case No,

82 of 2005 was registered on 17.08.05 and accordingly an

order to that effect was passed to issue notices through

the registered post to the parties concerned directing them

to appear in the court on the date fixed and to file their

wrirtten statements along with the relevant documents

and a list of witnesses in support of their claims. In

pursuance of the said order notices by the registered post

were sent to the parties concerned.

The workman. Sri Kalosona Majhi is physically

present with its representative Sri Rakesh Kumar.

Representative of the management is also present. The

workman Sri Kalosona Majhi has agreed to be reinstated

without any back wages. On behalf of the management,

Sri P. K. Das has made an endorsement on the settlement

petition that the workman Sri Kalosona Mujhi does not

cover the age under memorandum of settlement and has

stated that under memorandum of settlement the age should

not exceed forty five years. On perusal of the case record.

it appears that a photocopy of Identity Card of Sri Kalosona

Majhi bearing C.M.P.F. No. 11346 /ASN 37/107 is filed from

which it appears that the workman was aged twenty five

years on 30.05.1986. It further appears from the record that

the Chargesheet issued on 12.10.93 and the workman was

dismissed on 18.11.1993. So, it is apparently clear that at

the time of disposal the workman was below 33 years. So

in my opinion, the case of Sri Kalosona Majhi comes within

the purview of memorandum of settlement. Accordingly

the Settlement application is allowed and the workman is

to be reinstated without any back wages.

Considering the above facts, the case is closed and

accordingly it is awarded that case has been settled as per

form ‘H’ memorandum of settlement between both the

parties as an integral part of it. The terms and conditions

of the settlernent shall be binding upon both the parties.

5000

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

Hence, it is ordered

ORDER

Let an “Award” be and same is passed as per above

discussron. Form ‘H’ containing terms and conditions does

form as an integral part of the Award. Send the copies of

the award to the Govt of India, Ministry of Labour and

Employment, New Delhi for information and needful. The

reference is accordingly disposed of.

JAYANTA KUMAR SEN, Presiding Officer

ubZ fnYyh] 5 vxLr] 2013

dk-vk- 1848-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj eSllZ bZlh,y

ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/ esa fu£n"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vf/dj.k@Je U;k;ky;] vlulksy ds iapkV (lanHkZ la[;k 38@1993)

dks çdkf'kr djrh gS tks dsUæh; ljdkj dks 5&8&2013 dks çkIr

gqvk Fkk A

¹la- ,y&22012@129@1993&vkbZvkj (lh,e&II)º

ch- ,e- iVuk;d] MsLd vf/dkjh

New Delhi, the 5th August, 2013

S.O. 1848.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 38/1993)

of the Central Government Industrial Tribunal-cum-Labour

Court, Asansol as shown in the Annexure in the Industrial

Dispute between the management of Kumardihi Colliery,

M/s. Eastern Coalfields Limited and their workmen, received

by the Central Government on 5-8-2013.

[No. L- 22012/129/1993-IR (CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT,

ASANSOL

Present : Sri Jayanta Kumar Sen, Presiding Officer

Reference No. 38 of 1993

Parties :

The management of Kumardihi ‘A’ Colliery

of M/s. ECL, Burdwan

Vs.

The Jt. Gen. Secy., CMU, Ukhra, Burdwan

(WB)

REPRESENTATIVES :

For the Management

:

Sri P. K. Das, Ld. Advocate

For the Union

:

Sri M. Mukherjee, Ld.

(Workman)

Advocate

Industry : Coal

State : West Bengal

Dated : 03-06-2013

AWARD

In exercise of powers conferred by clause (d) of Sub-

section (1) and Sub-section 2(A) of Section 10 of the

lndustrial Disputes Act, 19'47 (14 of 1947), Govt. of India

through the Ministry of Labour vide its Order No. L- 22012/

129/1993-IR(CM-II) dated 23.08.1993 has been pleased to

refer the following dispute for adjudication by this

Tribunal.

SCHEDULE

“Whether the action of the management of Kumardihi

‘A’ Colliery PO : Ukhra, Distt. Burdwan, in dismissing

Shri Sarayan Kora, General Mazoor vide their Letter

No. BA/PD/Dis/967 dated 14/1503.1991 is justified?

If not, what relief the workman is entitled to?”

Having received the Order of Letter No. L-22012//

129/93-IR (CM-II) dated 23.08.1993 of the above said

reference from the Govt. of India, Ministry of Labour, New

Delhi for adjudication of the dispute, a reference case No.

38 of 1993 was registered on 27.08.1993 and accordingly

an order to that effect was passed to issue notices through

the registered post to the parties concerned directing them

to appear in the court on the date fixed and to file their

written statements along with the relevant documents and

a list of witnesses in support or their claims. In pursuance

of the said order notices by the registered post were sent

to the parties concerned.

On perusal of the record as well the evidence of the

workman Sarayan Kora I find that the workman remain

absent from his duty from 22.11.1989 to 06.021990 without

giving any information to the Management and

accordingly an enquiry was held and he was found guilty

of unauthorized absent, and he has been dismissed from

service vide letter No. BA/PD/Dis/967 dated 14/15 March,

1991.

It is the plea of the workman that due to illness he

failed to remain present in duty. In para 8 of examination-

in-chief the workman has stated that he was suffering from

Jaundice. But I find that no Medical certificate has been

filed by the workman to corroborate this fact. and in para

25 he has clearly stated that he has no Medical Certificate

regarding his illness. The learned lawyer of the workman

has submitted that the workman was engaged as Mazdoor

at Kumardihi Colliery which is situated at a distance of 40

km. frorn Kalipahari where the native home of the workman

is situated. It has further been submitted that the workman

approached the Management to transfer him in Satgrarn

Area which is nearby the residence of the workman, but in

vain.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

5001

On perusal of the written statement of the

Management dated 03.12.1996, I find that the Management

did not mention anything about any previous adverse

report against the workman regarding his presence in duty.

So it is clear that the workman Sarayan Kora was punctual

in his duty earlier. So, in my opinion only on the ground of

absent for a short period, the Management has taken a

very harsh action against the workman by dismissing him

from service without giving any warning or lesser

punishment, which is obviously against the principle of

“Natural Justice”, because by this harsh action of the

Management the workman along with his whole family

members were thrown on the street for the purpose of

begging.

So in my opinion the action or the Management of

Kumardihi ‘A’ Colliery of M/s. ECL in dismissing Sarayan

Kora w.e.f. 19.03.1991 is totally unjustified and illegal and

accordingly the same is set aside.

The Management is directed to reinstate the

workman Sarayan Kora within one month from the date of

receipt of Award. But the workman will not be entitled to

get back wages and he should be appointed on minimum

grade from the date of joining. The workman must give in

writing to the Management that he will remain regular and

punctual in his duty in future.

ORDER

Let an “Award” be and the same is passed as per

above discussion. Send the copies of the “Award” to the

Government of India. Ministry of Labour and Employment,

New Delhi for information and needful.

JAYANTA KUMAR SEN, Presiding Officer

ubZ fnYyh] 5 vxLr] 2013

dk-vk- 1849-—vkS|ksfxd fookn vf/fu;e] 1947 (1947

dk 14) dh /kjk 17 ds vuqlj.k esa dsUæh; ljdkj eSllZ bUVhV~;wV

vkWiQ ekbØksch,y VsDuksyksth ds çcaèkra=k ds lac¼ fu;kstdksa vkSj

muds deZdkjksa ds chp] vuqca/ esa fu£n"V vkS|ksfxd fookn esa

dsUæh; ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky; la[;k 2] p.Mhx<+

ds iapkV (lanHkZ la[;k 625@2005) dks çdkf'kr djrh gS] tks

dsUæh; ljdkj dks 5&8&2013 dks çkIr gqvk Fkk A

¹la- ,y&42012@187@2002&vkbZvkj (lh,e&II)º

ch- ,e- iVuk;d] MsLd vf/dkjh

New Delhi, the 5th August, 2013

S.O. 1849.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 625/

2005) of the Central Government Industrial Tribunal-cum-

Labour Court No. 2, Chandigarh as shown in the Annexure,

in the Industrial Dispute between the management of

Institute of Microbial Technology and their workmen,

received by the Central Government on 5-8-2013.

[No. L- 42012/187/2002-IR (CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT-II,

CHANDIGARH

Present : Sri A. K. Rastogi, Presiding Officer

Case No. I.D. No. 625 of 2005

Registered on 24-8-2005

Smt. Sunita, W/o Late Sh. Om Prakash,

C/o Sh. G.S. Mann, Auth Rep.,

H.No. 228, Phase 3A, SAS Nagar,

Mohali

...Petitioner

Versus

The Director,

Institute of Microbial Technology,

Sector 39A, Chandigarh

...Respondent

APPEARANCES :

For the workman

:

Sh. J.K. Sharma A.R.

For the Management :

Sh. I.S. Sidhu Adv.

AWARD

Passed on 15-7-2013

Central Government vide Notification No. L-42012/

187/2002-IR(CM-II)) Dated 13.3.2003, by exercising its

powers under Section 10 of sub-section (1) Clause (d) and

sub-section (2-A) of the Industrial Disputes Act, 1947

(hereinafter referred to as ‘Act’) has referred the following

Industrial Dispute for adjudication to this Tribunal :—

“Whether the action of the management of IMTEC

in terminating the services of Smt. Sunita, Ex-Safai

Karamchari, w.e.f. 31.7.2001 is legal and justified? If

not, to what relief she is entitled to?”

As per claim statement the workman had been

engaged after the death of her husband in his place on

14.8.1995 with an assurance in writing that she would

continue’ to be employed in IMTECH through contractor,

as a special case. She continued to work upto 31.7.2001

when her services were terminated by the respondent

without any notice and compensation in violation of the

provisions of ID Act. She had worked for more than 240

days from August 1995 to 31.7.2001 and after termination

several new hands have been engaged. She had claimed

her reinstatement with full back wages and continuous

service.

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THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

The claim was contested by the management and it

was alleged that there is no relationship of master and

servant between the respondent and the workman. The

workman had been engaged by a contractor who had a

contract with the respondent for supplying the manpower

for undertaking the work assigned to the contractor. The

relationship of master and servant was denied with the

deceased husband of the workman also. According to the

respondent the claim has no merits.

In a rejoinder to the written statement of the

respondent it was alleged that though she had been

employed through contractor but as the respondent had

accepted the workman deputed for its business affairs,

the relationship of master and servant came into existence

and therefore she is the employee of the management.

The workman in support of her case examined herself

and a witness Smt. Kanta as WW1 and WW2 respectively

while on behalf of management Chhering Tobden was

examined. While the case was at the stage of management

evidence the AR of the workman moved an application on

22.4.2010 with a request to adjourn the case either sine die

or to permit him to withdraw the same as the workman is

not in his contact since long. The application was however

not allowed and the notices were issued by registered

post to workman but the notice returned undelivered with

the endorsement that the colony of the workman has been

demolished by the Corporation. Under the circumstances

it could not be possible to communicate with the workman

and the case was ordered to proceed exparte against

workman on 13.8.2010.

I heard the learned counsel for management and

perused the evidence on record. It is important to note

that workman has alleged the relationship of employer

and employee between the respondent and herself but it

is clear from her pleadings that she had been engaged

through a contractor and since she had been allowed to

work hence she claims to be the employee of the

respondent. She had also relied on a note marked ‘B’ in

her statement; according to which, she had been assured

on humanitarian ground to continue through contractor

as a special case. This is purportedly signed by Director

IMTECH. From this note it is clear that the deceased

husband of the workman was an employee of the

Contractor and she only had been assured by IMTECH

the continuous engagement through contractor.

Obviously she was not the employee of the respondent

and if her services had been terminated then this note

cannot provide any protection to her. The learned counsel

for management argued that the affidavit of the

management witness remains uncontroverted and it has

been stated in the affidavit that the workman was deployed

by the contractor as part of the manpower supplied by

him to undertake the work and she worked as part of the

manpower supplied by the different contractors from time

to time. The management witness has also tendered six

agreements with the different contractors marked Annexure

1 to 6 in the affidavit of the management witness.

I agree with the learned counsel for management

that there is no evidence to prove that the workman was

an employee of the management hence the question of

termination of her service by the management does not

arise. The reference is answered against her. She is not

entitled to any relief.

ASHOK KUMAR RASTOGI, Presiding Officer

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New Delhi, the 6th August, 2013

S.O. 1850.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (CGIT/LC/R/No.

135/2001) of the Central Government Industrial Tribunal/

Labour Court, Jabalpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of Syndicate Bank and their workmen,

which was received by the Central Government on

1-8-2013.

[No. L- 12012/86/2001-IR (B-II)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM LABOUR COURT,

JABALPUR

No. CGIT/LC/R/135/2001

Presiding Officer : SHRI R.B. PATLE

Shri Bhimsen Vinodiya,

S/o Shri Rajaram Vinodiya,

R/o 32, O.C. Lines,

Cantt. Sagar (MP)

...Workman

Versus

Dy. General Manager,

Syndicate Bank, SB P.B.No. 4112,

Neptune Towers,

Opp. Nehru Bridge, Ashram Road,

Ahmedabad, Gujarat

...Management

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

5003

AWARD

Passed on this 22nd day of July, 2013

As per letter dated 17-23/8/2001 by the Government

of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-12012/

86/2001-IR(B-II). The dispute under reference relates to:

“Whether the action of the management of Syndicate

Bank, Zonal Office, Ahmedabad in dismissing

Shri Bhimsen Vinodiya, S/o Shri Raja Ram Vinodiya,

Ex-sub Staff from service vide order dated 30-1-99 is

legal and justified? If not, to what relief is the

concerned workman entitled?”

2. After receiving reference, notices were issued to

the parties. 1st party workman filed Statement of claim at

Page 4/1 to 4/3. The case 1st party workman is that he was

working with Non-applicants for 24 years. He was

dismissed from service vide order dated 30-1-99 by Non-

applicant No.1 for alleged misconduct. That prior to

passing said order of dismissal, he was served with charge

sheet dated 9-8-97, 12-1-98 for the charges against him.

Enquiry conducted relating to both charge sheets was

not legal and proper. Enquiry Officer did not conduct

enquiry following the rules and regulations of the Bank,

principles of natural justice were not followed. Applicant

was not supplied documents relied in the enquiry. He did

not get opportunity to cross examine witnesses of the

Bank. He was not given opportunity to produce his

evidence. The Enquiry Officer had not recorded his

statement in enquiry. Show cause notice was not issued

to him before imposing punishment of dismissal. Copy of

Enquiry Report was supplied to him. The enquiry is vitiated.

The findings of Enquiry Officer are perverse, illegal without

supporting evidence. That the punishment of dismissal is

harsh, excessive. The charge sheet is silent about is

completing 24 years service. That he has not committed

any misconduct. On such ground, 1st party workman

submits that the punishment of dismissal is illegal. He

further submits that he is not gainfully employed after

dismissal from service. He prays for reinstatement with

back wages.

3. IInd party filed Written Statement at Page 7/1 to

7/26. IInd party submits that the workman committed

misconduct. The details of the misconduct are given that

Sagar Branch received 100 PCC. Said PCC pad was used

for issuing PCC FDs during 1995-96. The Branch had not

issued PCC Sl. No. 362737 to 362742. That in September

1996, customer Sanjay Kumar presented PCC receipt No.

362742 for Rs. 10,000 for encashment before maturity. On

verification, it was noticed that Receipt was not issued.

The PCC No. 362737 to 362742 were missing from the

branch. The above number of PCC were not used by the

Bank. Those missing PCCs were misused by the delinquent

workman. That amount of Rs. 10,000 was transferred from

S.B. Account of Dr. D.P. Nema as the delinquent workman

borrowed said amount. The amount was credited to his

account. That delinquent workman has pilfered 6 PCCs

numbered above and fradulently issued PCC No. 362742

to Shri Sanjay Kumar accepting Rs. 10,000 in cash.

4. That in March 1997, Smt. Shanti Devi Yadav

approached Sagar branch with PCC No. 362740 for

Rs. 3726 maturing on 9-6-98. She has requested Bank to

confirm genuineness. On verification, it was found that

said receipt was not issued by the Branch. The said PCC

was out of the misplaced numbers of PCC. That Smt. Shanti

Devi informed that she invested Rs. 3000 her husband has

approached the Bank in December 1995 for renewal. The

receipt was tendered to Bank. The delinquent workman

promised for renewal and said that receipt would be sent

to her residence. That delinquent had sent deposit receipt

at her residence.

5. Other charge against workman was he

fraudulently closed PCC 3540 for Rs. 3000 on 12-12-1995

without knowledge or consent of Shri Hazarilal Yadav and

Smt. Shantidevi Yadav. He discharged said PCC for

receiving maturity proceeds. That delinquent workman

issued PCC No. 362740 for Rs. 3726 to Shri Hazarilal Yadav

and Smt. Shanti Devi Yadav. Said PCC receipt was one of

the stolen receipt by the workman himself. The writing on

said PCC is of the delinquent workman and signature of

Manager/Officer on the PCC receipt is forged.

6. Next charge is around April 1997, Smt. Deoki Devi

Yadav presented PCC No. 362739 for Rs. 10,000 to the

branch to confirm the genuiness of the same. The Bank

record does not reveal that the same had been issued by

the Branch and that the same was one of the missing PCCs

of the branch. Smt. Deoki Devi Yadav informed that she

had earlier invested Rs. 10,000, she was received PCC No.

27995/1784. The investigation relealed that the delinquent

workman arranged LD 99/91 for Rs. 7500 against said VCC

in name of Deoki Devi Yadav. The writing was of delinquent

workman. He had signed on it having received amount on

the reverse. That amount of Rs. 14,463 was adjusted at the

time of maturity. Amount of Rs. 10,000 was received by the

delinquent workman. That Smt. Deoki Devi Yadav informed

that she was introduced by Shri Bhinsen and handover

receipt No. 279755/1784 for Rs. 10,000 duly discharged on

revenue stamp saying that if she delivered the receipt, she

would get monthly interest which would be created to her

daughter’s name every month. That delinquent workman

fraudulently issued PCC No. 362739/1784 for Rs. 10,000 to

Smt. Deoki Devi Yadav. Six PCC receipts were stolen by

him. That delinquent workman fraudulently closed VCC

No. 279755/1784, he has pilfered six PCCs receipts bearing

Nos. 362737 to 362742. The chargesheet was issued to

him. Corrigendum was issued subsequently on 8-8-97, its

copy was served on the delinquent workman. That Enquiry

Officer was appointed. The evidence of management’s

witness was recorded. The delinquent workman was

5004

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

represented by Shri Gunashekharan and cross-examined

the management’s witness. The enquiry was conducted

following principles of natural justice. The details of

Enquiry Proceedings are exhaustively narrated in Written

Statement. After receiving showcause notice and reply

given by the delinquent, considering gravity of the

misconduct, the Disciplinary Authority imposed

punishment of dismissal as charges were reported proved

by the Enquiry Officer. The delinquent had committed mis-

appropriation of amount causing loss to the Bank. The

PCCs were fraudulently used causing loss to the Bank.

7. Supplementary chargesheet was also issued to

the workman. On said chargesheet, enquiry was

conducted, evidence was recorded, enquiry was

conducted properly following principles of natural justice.

The misconduct against delinquent workman is proved.

After considering report of the Enquiry Officer, reply to

the showcause notice issued for dismissal was imposed

for serious conduct committed by the delinquent

workman. The IInd party submits that the order of

dismissal is legal, proper and prays for rejection of the

relief prayed by workman.

8. Considering pleadings on record, the points

which arise for my consideration and determination are as

under. My findings are recorded against each of them for

the reasons as below:-

‘‘(i) Whether the action of the

In Negative

management of Syndicate

Bank, Zonal Office, Ahmedabad

in dismissing Shri Bhimsen

Vinodiya, S/o Shri Raja Ram

Vinodiya, Ex-sub Staff from

service vide order dated

30-1-99 is legal?

(ii) If so, to what relief the

As per final order.

workman is entitled to?”

REASONS

9. As per order dated 8-11-2010, enquiry conducted

against workman is held legal. The issues framed in the

matter on 9-9-06 relates to the legality of enquiry. The next

issue is whether the management is entitled to prove

misconduct and Issue no. 2 is to what relief the workman

is entitled. In view that enquiry is found legal, management

is not required to adduce further evidence to prove the

misconduct alleged. The enquiry proceedings itself needs

to be considered whether the evidence in enquiry adduced

by management, is sufficient to prove misconduct against

the workman. The record of enquiry proceeding is

produced. Management has examined only witness

Shri R.A. Fernandiz, Vigilence Officer. Said witness had

investigated the entire matter from Bank record, recording

statements of the customers, verifying the payments,

obtain copies of the Accounts. The amount withdrawn

from account of Customers and deposit in Account of the

delinquent workman. However it is necessary to state that

he is not witness to any of the incident, he was not working

in the Bank, he was not conversant with the handwriting

or signatures of the customers, the concerned Bank

employees, Managers. Management Witness Shri R.A.

Fernandiz recorded statements of witness Shri Hazarilal

Yadav, Smt. Shantidevi Yadav and Smt. Deoki Devi Yadav.

Those statements are marked as Exhibit MEX 24 to 27. The

statement of so called customers are also considered by

the Enquiry Officer while submitting his report. To make it

clear that the registers about receiving PCC, VCC or any

record about views of the same is not produced in Enquiry

Proceedings. What opinion Mr. Fernandiz have arrived to

conclusion that the relevant number of six PCCs, VCCs

were missing and misused by the delinquent worker. The

documents MEX-14, 15, 16, 17 to 23 are signed by

customers and Branch Manager. However evidence of

management’s witness Shri R.A. Fernandiz shows that the

signatures were forged, documents were misused, amount

was received by the delinquent employee, how the

Manager was not knowing about the missing PCCs, VCCs

and at the time of payment of amount made. The statement

of witness of management appears of universal character.

He is telling everything about genuineness of documents,

misusing of documents, forgery of signatures. His

evidence is based on information received from the staff

working in the Bank. Any of them is not examined as witness

in the enquiry. The witness Shri Hazarilal Yadav,

Smt. Shantidevi Yadav and Smt. Deoki Devi Yadav were

not examined in the proceedings. In absence of their

evidence, there allegations about receiving amount by the

delinquent employee at the time of renewal or after maturity

can hardly be believed.

10. Learned counsel for Ist party workman

Shri S. Mishra relies on judgment in

Case of Umakant Dwivedi versus State of MP and

others in W.P. No. 7622/2005 by M.P. High Court,

Jabalpur. In para-14 of the judgment their Lordship

dealing with ratio held in case of State of Mysore

and others versus Shivbasappa Shivappa Makapur,

AIR 1963-SC-375 observed that the statement given

by a witness previously behind the back of the party,

is required to be put to him again in the disciplinary

proceedings and is required to be admitted in

evidence and thereafter a copy thereof should be

given to the party and he should be given an

opportunity to cross-examine him. It has further been

held that the rules of natural justice are sufficiently

complied with when previous statements given by

the witnesses are read over to them, marked on their

admission, copies thereof are given to the party and

he is given an opportunity to cross-examine them.

In para-15 their Lordship dealt with ratio held in case

of Kuldeep Singh versus The Commissioner of

¹Hkkx II—[k.M 3(ii)º

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5005

Police and others, AIR 1999-SC-677, held in the case

that reasonable opportunity as contemplated by

Article 311 (2) of the Constitution of India has to be

provided which means “Hearing” in accordance of

principles of natural justice which requires that all

the witnesses in the departmental enquiry shall be

examined.

In para-16 in case of Shri A.Sudhakar Versus Post

Master General, Hyderabad and another 2006(4) SCC

348, it was held that the procedural requirements

based on the principles of natural justice embodied

under rule 311 (2) of the Constitution of India, which

are required to be followed in disciplinary

proceedings.

In para-18, their Lordship considered ratio held in

case of Rajkishore Pandey versus Rewa Sidhi Gramin

Bank and others reported in 1989 MPLJ 530. Ratio

held in this case that a person can be held to be

guilty in Departmental Proceedings only on the basis

of the evidence recorded during the Departmental

Proceedings itself and not on the basis of the

statement of witnesses recorded during a preliminary

fact finding enquiry unless and until the same

witnesses are again examined in the regular

departmental enquiry and reiterate the same

statements against the delinquent during the

Departmental Proceedings.

In present case any of the witnesses whose

statements were recorded were not examined in the

Departmental Enquiry, any employee from the Bank was

not examined, the customers were not examined in the

enquiry. The evidence of management’s witness Shri R.A.

Fernandiz is on the point that he had investigated about

the matter and he found that the PCCs, VCCs were missing

and same were misused by the workman. The evidence of

management’s witness on all the matters deposed by him

cannot be said legal as his evidence is based on

information received from other persons. His evidence is

hear-say basis. On his evidence, misconduct alleged

against delinquent employee cannot be proved.

11. Learned counsel for IInd party Mr. Shashi relies

on ratio held in

“Case of Gurnit Singh Viku versus Punjab and Sind

Bank and others reported in 2011-I-LLJ-665(MT).

Their Lordship held on charges of willful damage to

property of Bank and involving Bank in serious loss-

challenge to dismissal held not sustainable.

Next reliance is placed on ratio held in case of

Regional Manager, U.P.SRTC Etawah and others

Versus Hotilal and another reported in 2003(3)

Supreme Court Cases 605. Their Lordship of the Apex

Court dealing with scope of judicial review of test of

proportionality. It is very limited to exceptional cases.

The court must give reasons for holding the

punishment to be not commensurate with the

charges.

The citation relied by IInd counsel Mr. Shashi in

any of the case doesnot relate to legality of the evidence

by Vigilence Officer deposing all the facts he had come

across during his investigation whether evidence of such

witness is legal. In my considered view, evidence of

management’s witness Shri R.A. Fernandiz cannot be said

legal on the points of missing PCCs and VCCs, receipts of

amount, forgery of documents by delinquent employee,

signature of customers on the documents produced in the

Enquiry Proceedings. The management’s witness was not

conversant with the signatures of any of the customers,

staff working in the branch. All his evidence is of hear-say

character. Shri A.K. Shashi, counsel for IInd party relies to

the point of punishment imposed in the matter when loss

is caused to Bank, punishment of dismissal could not be

interfered.

12. The evidence of 1st party workman in his cross-

examination shows that he was desiring to examine witness

Shri Hazarilal Yadav, Smt. Shantidevi Yadav and Smt. Deoki

Devi Yadav but the Enquiry Officer told him it was not

necessary. Infact all those witness who have been examined

by the management for proving the alleged misconduct.

The material witnesses were not examined by management

of IInd party in Enquiry Proceedings. The evidence

in cross-examination of management’s witness

Shri Nagendranath shows that he had not given

opportunity to the delinquent himself to test velocity of

witnesses Shri Hazarilal Yadav, Smt. Shantidevi Yadav and

Smt. Deoki Devi Yadav. Though learned counsel for IInd

party during course of argument emphasized that the

statements recorded of the witnesses was not basis for

recording finding of the Enquiry Officer. The careful reading

of the Enquiry Report shows that the statements of those

witnesses were proved by the management witnesses and

the same were considered while submitting his report by

the Enquiry Officer.

13. Next, it was argued that delinquent employee

had admitted charges and therefore the findings cannot

be said perverse. The witness as the management has

produced Exhibit M-2 letter sent by delinquent workman

dated 21-9-97 to the Dy.General Manager, Syndicate Bank.

He had stated that he had vide his letter dated 5-11-95

explained the circumstances and requested him to view

matter leniently. He with to further state that the

management or customers has not incurred any loss out

of the transaction. The copy of letter dated 5-11-96

produced in the Enquiry Proceeding was denied by

delinquent employee. The defence representative had

submitted in his statement that said letter was obtained

5006

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

from delinquent employee at Bhopal Regional Office. The

letter was not proved during enquiry proceedings. When

charge was explained to workman by Enquiry Officer, he

has pleaded not guilty to the charge. Therefore it is difficult

to accept that employee had admitted charge and therefore

there non-examination is not final. Considering the nature

of evidence of management’s witness Shri Fernandis he

had investigated allegation against the misconduct. His

evidence cannot be said legal. On his evidence, the

misconduct alleged against workman cannot be proved.

The findings of Enquiry Officer are therefore perverse.

The punishment of dismissal of delinquent employee based

on the evidence of Shri R.A.Femandis , vigilance Officer is

illegal. For above reasons, I record my finding in Point

No.1 in Negative.

14. Point No.2- In view of my finding in Point No.1

findings of Enquiry Officer are perverse based on evidence

not of legal character, the order of dismissal of workman

needs to be quashed and set-aside. The workman would

be entitled to reinstatement of service. Next question is

whether the workman is entitled to back wages. Workman

in his affidavit of evidence has not stated whether he is

employed or un-employed after dismissal. In his. cross-

examination, nothing is brought about his gainful

employment. The evidence of management’s witness

Nagendra Nath is silent on the point. Considering the facts

that since order of his dismissal, the delinquent is out of

employment. It would be appropriate to allow 50 % back

wages to him. Accordingly I record my finding on Point

No. 2.

15. In the result, award is passed as under :-

(1)

Action of the management of Syndicate Bank,

Zonal Office, Ahmedabad in dismissing

Shri Bhimsen Vinodiya, S/o Shri Raja Ram

Vinodiya, Ex-sub Staff from service vide order

dated 30-1-99 is illegal.

(2)

IInd party is directed to reinstate workman

Shri Bhimsen Vinodiya with 50 % back wages.

R. B. PATLE, Presiding Officer

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New Delhi, the 6th August, 2013

S.O. 1851.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 01/2011)

of the Central Government Industrial Tribunal-cum-Labour

Court, Guwahati now 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 by the Central Government on

1-8-2013.

[No. L- 12011/57/2010-IR (B-II)]

SUMATI SAKLANI, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM- LABOUR COURT, GUWAHATI,

ASSAM

Present : Sri L. C. Dey, M.A., LL.B., Presiding Officer,

CGIT-cum-Labour Court, Guwahati

In the matter of an Industrial Dispute between :

The Management of Union Bank of India.

-Vrs-

North Eastern Region Union Bank Employees

Association.

Ref. Case No. 01 of 2011

Appearances :

For the Management

:

Mr. B.Bhattacharjee,

Manager (HR)

For the Workman

:

Mr. S.Chakrabarty,

General Secretary,

NERUBA

Date of Award : 24.7.2013

AWARD

1. This Reference was made by the Ministry of

Labour & Employment, Government of India, on the

Industrial Dispute raised by the North Eastern Region

Union Bank Employees Association against the

Management of Union Bank of India vide their Order No.

L-12011/57/2010-IR(B-II); Dated : 09-12-2010. The Schedule

of the Reference is as follows:

SCHEDULE

“Whether the action of the Bank management in

terminating the service of Sh. B.B. Das, workmen

without considering the involvement of the other

responsible officers of the Bank Management for

fraudulently withdrawal of money from Customers

Account is justified? What relief the workman is

entitled to?”

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vxLr 31] 2013@Hkkæ 9] 1935

5007

2. On receipt of the order of Reference this

Reference Case has been registered and notices were

served upon both the parties who appeared and contested

the proceeding by filing their claim statement/written

statement, adducing evidence along with documents.

3. The case of the North Eastern Region Union Bank

Employees Association, (in short, NERUBEA is that on

02/08/2007 an amount of Rs. 48,000 and on 07/08/2007

another amount of Rs. 52,000 were fraudulently withdrawn

from the S.B. A/C No. 5381 and S.B. A/C No. 6329

respectively from the Shillong Branch of Union Bank of

India. This act of fraudulent withdrawal came to the notice

of the Branch only on 10.08.2007 when the account holders

enquired about withdrawal from their accounts while the

official concerned immediately arranged and deposited the

same to cover up the lapse. In this connection preliminary

investigation carried out by the Bank on 04.09.2007 wherein

some observations were made as follows:

(i)

The unused cheques returned on closure of A/c.

No. 6787 was not destroyed and not entered in

Cheque Book Returned Register & Destroy

Register evidencing lack of proper control.

(ii)

In both the fraudulent withdrawal cases the

cheques were used as loose cheques and though

Loose Cheque Issue Register is maintained in the

branch, there is no entry of these cheques in the

register. Both these transactions were authorized

by Shri Soubhik Dutta, Asstt. Manager and his

signatures are there on the face of the instruments.

(iii)

Withdrawal by loose cheques were allowed without

production of passbooks violating the norms of

the bank.

(iv)

In both the cases drawer’s signature on the

instrument differs with that of signature on record

on the specimen signature card. It clearly shows

that the minimum basic precaution of verifying the

signature was also not taken before authorizing

the transactions.

(v)

No written complaint was lodged by the account

holders in whose account frauds were committed.

(vi)

Since the amounts involved were refunded in both

the cases there is no financial loss to the bank.

The Association contended that in respect of the

above facts, the Management of Union Bank of India taking

advantage of poor educational qualification of the

workman Sri B.B. Das, Peon-cum-Hamal, Union Bank of

India, Shillong Branch to cover up the lapse of others,

with vindictive and deliberate as well as discriminate view,

issued charge sheet against Sri B.B.Das on 28.09.2007 and

instituted a Departmental Enquiry and finally Sri B.B. Das

was dismissed from service of the Bank on 16.09.2008. But

Departmental Enquiry could neither establish that Sri B.B.

Das has withdrawn the cash fraudulently from the Bank

by using any cheque/instrument nor that Sri B.B.Das

individually or by engaging any other prevailed upon Bank

official at Shillong Branch for encashment of any cheque

fraudulently. The entire process of making entry, checking,

cancellation of cheques, tallying of signature of cheques,

permission for payment and subsequent cash payment to

the bearer of the cheques were carried out by responsible

officials of the branch and the said Branch failed to protect

the interest of the customers and the Bank. Further the

finding of the departmental enquiry and recommendation

made thereon by the Enquiry Officer, in respect of the fact

that the Management representative failed to put forward

any defence for Management argument which was also

confirmed in the findings of the Enquiry Officer at page -l

l of his report wherein it was mentioned that the

Management argument of Management representative not

received since Management Representative is reported

sick and not yet joined. The Association also mentioned

that in course of the departmental enquiry the Management

Witnesses confirmed that the Branch was practicing use

of loose cheques for making payment to customer because

of non-updation of system at the Branch; that Sri B.B.Das

was neither involved in fraudulent withdrawal nor

deposited any money in the accounts of the customers;

that the other fraudulent payment at Shillong Branch

because of lapse/negligence etc. of the branch official

and to which even customer had to lodge FIR; and that

the signature did not tally/match with the record though

cleared for payment by the official. The Association alleged

that from the Enquiry Proceeding it was established that

the cheques used for fraudulent payment, never handled

by the workman Sri B.B. Das at the Branch and’ said

B.B.Das had deposited the money in the account of the

customers; rather it was the Investigating Officer in his

statement, exhibited as management document (MEX -I5)

and it was confirmed that the money was deposited

reportedly by contribution from staff members in order to

avoid damaging the reputation of the Bank the amount of

Rs. 48,000 was credited to her account reportedly by

contribution from staff members. The Association stated

that the Management could not establish that the workman

Sri B.B. Das taking away 5 leaves of unused cheques and

thus using 2 leaves for repaying some loan amount as per

practice of using loose cheques by the Bank and he used

these loose cheques for withdrawal of money from any

customer’s account; and the said submission of the

workman was also exhibited as Management document

(MEX-15 in the Departmental Proceeding), and thus

treating the same as his confession is not tenable. It is

also added that the workman was dismissed from the service

of the Bank by holding Shri B.B.Das as guilty of gross

misconduct for doing act prejudicial to the interest of the

Bank involving or likely to involve the Bank in monetary

loss; and willful damage or attempt to cause damage to

the property of the bank. But no other official of the Bank

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[PART II—SEC. 3(ii)]

was ever charged or issued any notice/memo for

committing fraud at the Branch maintained conspicuous

silence or took lenient view on various acts prejudicial to

the interest of the bank and causing loss and inviting

damage to the bank by the acts of responsible official of

the Bank.

Hence, the Association prayed to direct the Bank to

quash the order of dismissal and any other order served

on the workman; to pay actual wages, dues and benefits

as entitled as regular and permanent employee of the bank;

to pay full compensation for the sufferings caused to the

workman and his family; and also to allow other relief to

which the workman is entitled to; and also to fix

responsibility and accountability to the erring officials to

stop recurrence of similar lapses.

4. In their Addl. W.S. the Association stated that

the Management by taking plea on the honest and

voluntary submission of workman for using some loose

cheques as per practice of the Branch as confession for

fraudulent withdrawal from the Branch deliberately

victimized the workman for being in subordinate cadre.

The Association categorically denied the contention of

the Management made in Para-21, 22, 23, 24, 25, 26 to 34 of

the written statement submitted by the Management. The

further contention of the Association is that mere admission

of the workman for taking 5 leaves of unused cheques and

using 2 leaves of unused cheques for his own purpose in

no way can be established as fraudulently used in

withdrawing money from the customer’s account and in

the same way the said being the practice at the Branch by

other official which was also confirmed by the

Investigating Officer that the serious and deliberate lapse

on the part of the responsible official of the Branch for

allowing fraudulent encashment of cheques from the

Branch and without fixing any responsibility and

accountability for the erring officials, the actions of the

Management in dismissing Sri B.B.Das from the service is

irregular and illegal.

5. The Management, on the other hand, contested

the proceeding by filing their written statement, stating

inter-alia, that the Reference itself is not maintainable in as

much as other officers involved in connection with the

incident for which the workman Sri B.B.Das has been

dismissed were punished, are not workmen within the

meaning of Industrial Dispute Act and as such, the

Reference is not maintainable and the same is liable to be

referred back to the Appropriate Government; and that

the issue involved in this Reference is not Industrial

Dispute and as such, the Notification dated 9.12.2010 is

illegal and hence, this Court can not assume jurisdiction

to adjudicate the alleged issue; that the demand of the

Association is illegal and untenable in law and as such,

the same is not maintainable; that the Association has no

locus standi to raise an Industrial Dispute before this

Authority as the issues sought to be raised are not

Industrial Disput u/s 2(k) of the I.D. Act since Sri B.B.Das

is not a workman within the definition of Section-2(s) of

the I.D. Act,1947; that the Management Bank being a

Nationalised Bank having its own policy and procedure

and Rules governing the service conditions of their

employees and the action taken against the workman was

under relevant Provision of Rules governing the service

conditions of the employees or the workman of the Bank;

that the Association is not a registered Trade Union under

the Provisions of Trade Union Act,1926 and the

Association ought to have produced a copy of the Form-

A of its application for registration as a Trade Union under

Trade Union Act 1926; that the Association ought to have

shown the authority of the General Secretary who raise

the demand on behalf of the workman along with the

Constitution of the Association and the documents to

show that the workman is a member of the Association;

and as such, the allegation made against the Management

Bank are illegal, false, frivolous, fabricated, unjustified,

perverse and without any basis of law as well as on fact.

Hence, the Management prayed to frame and decide the

preliminary issue on maintainability of the claim before

the matter is taken up on merit.

Further case of the Management is that the workman

B.B. Das was working as Peon-cum-Hamal, PF No. 415789

and he was charged on 02.08.2007 alleging that on 2.8.07

and amount Rs.48,000 and on 7.8.2009 an amount of

Rs.52,000 were fraudulently withdrawn from the Savings

Bank Account Nos. 5381 & 6329 of Sri Gang Sarma and

Smti Sarita Devi respectively while he was working in the

Shillong Branch of the Management Bank. Subsequently

the workman was charge sheeted for :

(a) gross misconduct,

(i)

doing acts prejudicial to the interest of the bank

involving monetary loss to the bank.

(ii)

willful damage or attempt to cause damage to

the property of the bank.

(b) minor misconduct,

(iii)

breach of rule of business of the bank or

instruction for running of any department.

It is mentioned by the Management that after

detection of fraudulent act of the workman, he (the

workman) credited an amount of Rs.48,000 in the S.B.

A/c. No. 5381 on 13.8.2007 and similarly the said workman

B.B.Das also credited a sum of Rs.52,000 on 20.8.2007.

The Management added that the workman B.B. Das used

the unused cheque leaves of closed SB Accounts while

doing the above misconduct and the cheque and unused

leaves were unauthorisedly taken away by the concerned

workman. On receipt of the show cause notice the

concerned workman submitted his reply by letter dated

11.10.2007 to the Management Bank to excuse him for the

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5009

misconduct committed by him, While the Management

was not satisfied with the reply submitted by the workman

and issued formal charge sheet on 6.3.08 stating that the

concerned workman committed misconduct and

disciplinary action will be started against him appointing

Sri Amit Banerjee, Manager, HRM, Nodal Regional Office,

Kolkata to conduct the enquiry into the charges against

the workman. In his written statement submitted before

the Management Bank on 5.9.07. the workman admitted

his guilt and stated that he owed money to some one

which he could not repay in time and he took the

responsibility and no other member was involved in the

matter for which he had taken away 5 numbers of cheque

leaves from the table of Duftary and used 2 number of

cheque leaves and threw other 3 cheque leaves in the

river, and that he shall never do this type of action in

future. However, enquiry was conducted by the Enquiry

Officer in strict compliance of principle of Natural Justice

and as per Rules giving all opportunities to the concerned

workman who in response to the show cause dated

28.9.2007 again by his letter dated 11.10.2007 admitted his

guilt for the act of commission of the same by him under

the compelling circumstances and request the

Management Bank to excuse him for his misconduct.

The Management further stated that the enquiry

was conducted by impartial officer who was in no way

connected with the Regional Office of the Management

Bank at Guwahati and as the workman committed serious

misconduct and he harmed the reputation of the Bank,

and as he admitted his guilt the admission of guilt need

not be proved. The Management forwarded the enquiry

report along with the findings of the Enquiry Officer to the

workman asking him to submit his representation, if any;

and considering the facts and circumstances of the case

along with the findings of the Enquiry Officer the workman

B.B. Das was dismissed from service on 11.9.2008.

The Management categorically denied the

statements made in Para-1 of the Claim Statement that on

7.8.2007 an amount of Rs. 20,000 (Which should have been

Rs.52,000) was fraudulently withdrawn from the S.B.

Account No. 6329 from the Shillong Branch of the Bank.

The Management also denied the contention made in

Paras-2, 3, 4, 6, 7, 8 and 9 of the Claim Statement and

prayed for dismissing the claim of the Association passing

the Award holding that the workman is not entitled to any

benefit.

6. The Management side by submitting Addl.

Written Statement pleaded that the prayer of the

Association made in the claim statement can not be

granted by this Tribunal as it would be beyond the scope

of the terms of Reference made by the Appropriate

Government. It is further submitted by the Management

that the punishment of dismissal was imposed upon the

workman after holding domestic enquiry in conformity with

the Rules and the principle of natural justice; and the

workman duly participated in the said enquiry and

defended him through a defence representative of his

choice and the workman was also given opportunity to

file departmental appeal; and hence, this Tribunal is to

first frame and decide the issue regarding the fairness and

propriety of the domestic enquiry and the Management

may be given opportunity to adduce evidence u/s 11 (a) of

Industrial Dispute Act in the event of findings of this

Tribunal that the domestic enquiry was not fair and proper.

The Management again pleaded that the workman admitted

his guilt of using 2 leaves (destroyed cheques) in

committing the offence because he was in need of money

and for that purpose he took 5 leaves of cheque leaves

from the table of the Duftary and he destroyed 3 numbers

of unused cheque leaves. It is also contended by the

Management that the allegation made by workman in Para-

2, 3, 4, 5, 6, 7, 8 and 9 of the written statement are not true

and correct; and mentioned that the concerned workman

was found guilty of the charge and was dismissed from

the service after following due process of law by holding

departmental enquiry and after giving him reasonable

opportunities to defend his case without any violation of

natural justice. Hence, the reference is liable to be rejected.

7. In support of their respective pleadings both the

parties examined one witness each. They submitted the

written argument and also made oral submission on their

respective cases at length.

8. From the evidence on record it appears that Sri

Subrata Chakrabarty, General Secretary, North Eastern

Region Union Bank Employees Association was examined

as W.W.l, while the Management examined Mr. B.

Bhattacharjee, Senior Manager, Union Bank of India,

Regional Office, Chandmari, Guwahati, as M.W.1.

9. The W.W.l stated that on 2.8.2007 and 7.8.2007

two cases of fraudulent withdrawal of cash amount of

Rs.48,000 and Rs.20,000 from the Saving Bank Account

No. 5381 and 6329 respectively took place at Shillong

Branch of Union Bank of India, wherein the workman Sri

B.B.Das was working as one of the Peons-cum-Hamal

along with the Branch Manager, 3 numbers of Officers,

one Special Assistant, 4 Clerks and 4 numbers of

subordinate staff. The said fraudulent acts of withdrawal

of money came to the notice of the Branch on 10.08.2007

when the account holder brought the matter to the notice

of the Branch Manager. He also said that both the

payments were made against presentation of cheques

across the counter after issuance of token, verification

and authorization exercises carried out by the concerned

officers and ultimately the payment handed over to the

bearer of the cheque on acknowledgement by the paying

official of the Branch. There was neither the presence of

the workman Sri B.B. Das nor his involvement could be

found or established in the alleged act, but in the process

minimum basic precaution of verifying the signature was

not taken before authorizing the transaction as both the

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[PART II—SEC. 3(ii)]

cases drawer’s signature in cheques differs with that of

the signature on the specimen signature card; and in both

the cases loose cheques were issued inspite of

maintenance of Loose cheques Issue Register wherein no

entry of these two cheques was made. It is also mentioned

that withdrawal by loose cheques were allowed without

production of Pass Book violating norms of the Bank. The

W.W.l alleged that the Management in order to cover up

the lapse of the responsible officials of the Bank made the

workman who is Under Metric hails from poor family, the

scapegoat and obtained an undertaking to establish his

involvement in the fraud following the practice of the

Branch in using loose cheque even without knowing the

cheque numbers etc. for being a Peon while using

destroyed cheques in repaying his debt to somebody else

which was also confirmed by the Management Witness in

his statement as recorded in Page-7 under serial No.2 of

the Departmental Proceeding. Accordingly a Departmental

enquiry was initiated against the workman by the

Management with ulterior motive and a preliminary

investigation was done on 4.9.07 at Shillong Branch of the

Bank. The W.W. l contended that in the face of the strong

opposition made by the workman in the departmental

enquiry with submission and evidences for harassing the

workman with a view to cover up the lapse of responsible

officials of the Branch the Management representative

failed to put forward any argument to establish the case of

the Management to victimize the workman, which can be

confirmed from the findings of the departmental enquiry.

Subsequently the workman was dismissed from service of

the Bank. In order to cover up the lapse and negligence as

well as the direct involvement of the responsible officers

of the Bank in committing repeated fraud at the Branch the

Management did neither cautioned nor issued any

memorandum or punishment against any of the official of

the Branch who was involved in the entire exercise of the

commission of the alleged fraud inspite of the report of

the preliminary investigation. The W.W. 1 again mentioned

that the Management document marked as MEX-18

(departmental enquiry) which confirmed that the money

was deposited reportedly by contribution from staff

member in order to avoid damaging the reputation of the

Bank. The Deputy General Manager (IR), Regional Office

vide his letter dt. 24.8.09 informed the Asstt. General

Manager, Industrial Relation Division, HRM Department,

C.O. Mumbai, the Head Office of the Bank that the Bank

had not suffered any monitory loss on account of the

misconduct in the Branch. The workman alleged that the

Management having vested power of taking disciplinary

action carried out the same against the workman who is a

lowest graded employee, with malafide intention and out

exceeding the jurisdiction without bringing any charge

against the officials who are the custodian of people’s

money for working in the Bank for extraneous

consideration. The poor workman Sri B.B. Das was

dismissed from the service. Hence, the W.W. l prayed for

quashing the order of dismissal and any other order served

upon the workman; to pay actual wages, due and benefit

as entitled as regular and permanent employee of the Bank

and to regularize the service of the workman; to pay full

compensation for the suffering of the workman and his

family; to fix responsibility and accountability to the erring

officials to stop recurrence of similar lapse and any other

relief to which the workman is entitled to under law and

equity. The workman witness has proved the findings of

the Enquiry Officer in connection with the Departmental

Enquiry against the workman vide Exhibit-1 and the

proceeding of the said Departmental enquiry vide Exhibit-

2. He also proved the statement of the workman vide

Exhibit-3 and the preliminary report of the Management in

connection with the Departmental Proceeding against the

workman vide Exhibit-4.

10. In course of his cross-examination the workman

witness No.1 has admitted the documents marked as

Exhibit-A which is a Show Cause Memo dated 28.9.07,

issued by the Management against Sri Souvik Dutta,

Assistant Manager, Shillong Branch, in connection with

fraudulent withdrawal of the workman from Shillong

Branch. Exhibit-B is the reply to the show cause dated

28.9.07 submitted by the said Sauvik Dutta, Asstt.

Manager; Exhibit-C is the order imposing punishment

against Souvik Dutta issued by the Disciplinary Authority

vide their Memo dated 7.10.08; Exhibit-D show cause Memo

dated 28.9.07 issued by the Management upon

Sri M.A. Dhakar, Manager, Shillong Branch; Exhibit-E the

reply of M.A. Dhakar, Manager, Shillong Branch against

the Memo of Show Cause (vide Exhibit-D); Exhibit-F. the

Memo issued to the workman and the Exhibit-G is the

reply of the workman on the memo of show cause dated

28.9.07 wherein it has been written by the workman that he

sincerely regretted for the acts of omission and commission

under some compelling circumstances; Exhibit-H is the

charge sheet issued against the workman; Exhibit- I the

order dated 19.8.08 imposing final punishment issued by

the Disciplinary Authority upon the workman after

allowing him personal hearing; Exhibit-J is the confessional

statement made by the workman; and Exhibit-K is the

proceedings of the Departmental Proceeding against the

workman. The workman witness No.1 denied the

suggestion tendered by the Management that the workman

had committed the acts which is prejudicial to the interest

of the Bank involving or likely to involve the Bank in

monitory loss and willful damage or attempt to cause

damage to the property of the Bank; and thereby violated

the Rules of all the Banks or instruction for running any

department.

11. The Management Witness No.1, on the other

hand, stated that he knows the workman Sri B.B. Das as

Peon-cum-Hamal who was charge sheeted on 6.3.08 due

to the fact that he had fraudulently withdrawn a sum of

Rs. 48,000 from the S.B.Account No. 5381 of Sri Ganga

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5011

Sharma using loose cheque No.099479 while he was

working at Shillong Branch of the Management; and

another sum of Rs.52,000 was also fraudulently withdrawn

by the workman from the S.B.Account No.6329 of Smt.

Sarita Devi. Thereafter the workman was charge sheeted

as mentioned above.

He also stated that on receipt of the said charge

sheet the workman submitted his reply on 11.10.07 vide

Exhibit-G admitting his guilt and requested the

Management to pardon him; and also the workman

voluntarily made his statement on 5.9.07, admitting his

guilt vide Exhibit- J, wherein Exhibit-J(1) is his signature.

The M.W.1 added that a Departmental Enquiry was held

against the workman and all reasonable opportunities were

afforded to the workman. Accordingly the Enquiry Officer

on completion of enquiry submitted enquiry proceeding

vide Exhibit-K along with its report and findings vide

Exhibit-L. The workman was also supplied with the findings

of the Enquiry Officer allowing him an opportunity to

submit his representation and the workman was also heard

in person on 3.9.11 vide Exhibit -I. Finally the workman

was dismissed from service vide Exhibit -M. He also stated

that before issuing the charge sheet a memorandum was

issued against the workman vide Exhibit-F. The M.W.1

further said that the workman credited an amount of

Rs.48,000 in the S.B. Account No. 5381 and on 13.8.07 and

another amount of Rs.52,000 in the S.B.Account No. 6329

on 20.8.2007. He has proved the documents namely show

cause memo dated 28.9.2007 vide Exhibit-A issued by the

Management against Sri Souvik Dutta: Exhibit- B, reply to

show cause memo dated 28.9.07 submitted by Sri Souvik

Dutta: Exhibit-C the order imposing punishment against

the Souvik Dutta by the Disciplinary authority vide Memo

dated 7.10.2008; Exhibit-D the show cause memo dated

28.9.07 issued by the Management upon Sri M.A. Dakhar,

Manager, Shillong Branch; Exhibit-E the reply of

Sri M.A.Dakhar, Manager, Shillong Branch; Exhibit-F the

memo issued to the workman B.B. Das.

12. In his cross-examination MW.1 stated that at

the time of encashing the cheque the bearer cheque is

suppose to put his signature on the back side of the

cheque, and in banking business when a cheque is

presented for encashment the account is required to be

debited, verification of the signature of the cheque holder

is to be done, and ultimately it is produced before the cash

counter for payment; and in observing the above processes

debit of account and verification of signature are to be

done by the responsible officer and payment of cash is

made by the cash Clerk/Cashier. He also said that Mr.

KC.Bhuiya, Senior Manager, HRM, Regional Office,

Guwahati has given his observation in his preliminary

investigating report held on 4.9.07 and that the workman

made a confession statement vide Exhibit-3 wherein the

cheque numbers has not been mentioned. It is further

stated that the Enquiry Officer mentioned in the findings

of the Departmental Enquiry (Exhibit-l, at page-1l ) that the

Management representative is reported sick and not yet

joined; and that in Exhibit-2 at page No.1, the workman

replied in negative on the question asked by the Enquiry

Officer that whether the workman plead guilty of the

charge/allegation levelled against him. In course of his

cross-examination the Management Witness No.1 also

stated that there is no mention the name of the workman

nor any allegation of involvement of the workman appears

to have been made in Exhibit-A, B, D, & E. The Management

witness No.1 categorically denied the suggestion tendered

by the Union that there is no involvement of the workman

in the fraudulent encashment of the cheque from the Branch

and that the workman was punished in order to cover up

the lapse of the Management, and that the Departmental

Proceeding was held not as per the Provision of law and

the workman was punished illegally.

13. The Tribunal, in this Reference, is to decide first

the vital issue i.e. whether the action of the Bank

Management in terminating the service of the workman

without consideration the involvement of other responsible

officers of the Bank Management for fraudulent withdrawal

of money from customers account is justified? The fact,

as it reveal from the pleadings as well as from the evidence

available on record, shows that the workman while

discharging the duties of Peon-cum-Hamal in the Shillong

Branch of Union Bank of India alleged to have withdrawn

fraudulently the amounts of Rs. 48,000 and Rs. 52,000 from

the Account No.5381 & 6329 on 2.8.07 and 7.8.07 belong

to Sri Gautam Sarma and Sarita Devi respectively using 2

unutilised/destroyed cheques.

14. During the course of argument Mr. S.

Chakrabarty, General Secretary, North Eastern Region

Union Bank of India Employees Association, the learned

counsel for the workman pointed out that at the time of

alleged occurrence of fraudulent withdrawal of amount

from the Bank the other officers and Cashier were involved

in the alleged transaction; and as the Management, in

order to cover up their own lapses and to protect the

reputation of the Bank, they have victimized the workman

without taking any step against the officer concerned who

were involved in this transaction. It is also pointed out by

the learned counsel for the workman that the then

Assistant Manager, S. Dutta, verified the signature on the

alleged cheques and authorized the payment in respect of

the alleged fraudulent withdrawal and Sri M.A.Dakhar, the

then Manager, of Union Bank of India, Shillong Branch

also failed to take proper care to destroy the unused cheque

leaves deposited by the account holders and thereby

created opportunity to misutilise the said cheques which

amounts to failure to discharge his duty with utmost

devotion and due diligence and failed to adhere the norms

but no action taken against said Mr. Souvik Dutta and

Mr. M.A.Dakhar while the workman B.B.Das being a poor

lowest grade employee has been made victim of this entire

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[PART II—SEC. 3(ii)]

episode with a view to protect the popularity of the Bank

as well as to protect the bank officers and as such, the

action of the Management in not taking the proper action

against the aforesaid two responsible officers is not proper

and legal and by victimizing i.e. imposing punishment of

dismissal against the workman is an act of violation of law,

as well as Natural Justice.

15. Mr. B.Bhattacharjee, Senior Manager, Union

Bank of India, Regional Office, Guwahati, on the other

hand, submitted that the officers concerned namely Sri

Souvik Dutta and Mr. M.A.Dakhar have committed some

lapses and negligence in regard to due discharge on their

duties and accordingly appropriate action have been taken

against the said 2 officers by the Management and as the

amounts misappropriated by the workman has already been

deposited by the workman in the Management Bank

subsequently after detection of the alleged fraudulent

withdrawal; by imposing minor penalty of reduction by

one stage in the time Pay of Scale for a period of one year

without cumulative effect against Sri S.Dutta and the

Manager, Mr. M.A. Dakhar was also punished by stopping

one increment. Mr. B.Bhattacharjee further stated that the

workman being an employee of the Management Bank,

with malafide intention collected the unused cheque leaves

from the Table of the Duftry and secretly arranged to

withdraw the amount with ulterior motive which he did in

the event of his need for money as mentioned in the

admission of the workman. He also submitted that there is

no lapse or lacuna as well as no violation of right and

Natural Justice committed in course of enquiry proceeding

which was ended with due care and caution as per

provision of law and after giving sufficient opportunity to

hear the workman the Disciplinary Authority delivered its

finding along with the proceeding of the enquiry vide

Exhibit-1 and Exhibit-2 respectively. Subsequently the

Disciplinary Authority imposed punishment vide Exhibit-

I. As such, the Management has rightly imposed the

punishment of dismissal against the workman. In support

of his contention Mr. Bhattacharjee cited the decision of

the Hon’ble Supreme Court in Additional District

Magainstrate (City) Agra .. Vrs··· Prabhakar Chaturvedi

and another, reported in (1996) 2 SCC 12, wherein it was

held an amount of Rs.21,000/- temporarily misappropriated

for couple of month, in such a case punishment held not

grossly disproportionate to the nature of misconduct

proved against the Respondent. He also cited the decision

laid down in Municipal Committee, Bahadurgarh

···Vrs···Krishnan Behari and Ors. reported in (1996) 2 SCC

714 that in case involving corruption there can not be any

other punishment than dismissal, any sympathy shown in

such cases is totally uncalled for and opposed to public

interest; and the amount misappropriated may be small or

large it is the act of misappropriation that is relevant. Mr.

Bhattachariee also relied upon the case of Central Bank of

India Ltd .... Vrs··· Karunamoy Banerjee, AIR 1968 SC 266

wherein it was observed that :

“We must, however, emphasize that the rules of

natural justice, as laid down by this Court, will have to be

observed, in the conduct of a domestic enquiry against a

workman. If the allegations are denied by the workman, it

is needless to state that the burden of proving the truth of

those allegations will be on the management; and the

witnesses called, by the management, must be allowed to

be cross-examined, by the workman, and the latter must

also be given an opportunity to examine himself and

adduce any other evidence that he might choose, in support

of his plea. But, if the workman admits’ his guilt, to insist

upon the management to let in evidence about the

allegations, will, in our opinion, only be an empty formality.

In such a case, it will be open to the management to

examine the workman himself, even in the first instance,

so as to enable him to offer any explanation for his conduct,

or to place before the management any circumstances

which will go to mitigate the gravity of the offence. But,

even then, the examination of the workman, under such

circumstances, should not savour of an inquisition. If,

after the examination of the workman, the management

chooses to examine any witnesses, the workman must be

given a reasonable opportunity to cross-examine those

witnesses and also to adduce any other evidence that he

may choose”.

16. From the evidence of the W.W.1 and the MW.1

together with the documents proved by both the sides it

appears that the workman Sri B.B. Das was working as

Peon-cum-Hamal, Union Bank of India, Shillong Branch

on 2.8.07 and 7.8.07 and on those two days 2 cases of

fraudulent withdrawal of cash from Saving Bank Account

No. 5381 and 6329 amounting to Rs. 48,000 and Rs.20,000

respectively was done and a memorandum was issued

against the workman vide Exhibit-F mentioning the

allegations of fraudulent withdrawal of the amounts from

the Management Bank and in reply to the said

memorandum the workman admitted his guilt stating that

he was sincerely regretted for the act of omission and

commission under some compelling circumstances and

that he was never involved in such act at any time in his

service career and hence prayed for excusing him vide

Exhibit-G which is admitted by the workman in course of

his cross-examination & even in his claim statement (para-

7) the workman mentioned that the honest submission of

the workman for taking away five leaves of unused

cheques & thus using two leaves for repaying some loan

amount, as per practice of using loose cheques by the

bank, in no way established the fraudulent withdrwal of

money. On being dis-satisfied with his reply dated

11.10.2007 charge sheet was issued against the workman

vide Exhibit-H and accordingly Departmental Enquiry was

conducted; and on completion of the enquiry the Enquiry

Officer submitted his report and the Disciplinary Authority

¹Hkkx II—[k.M 3(ii)º

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5013

vide his order dated 19.8.08 (Exhibit-I) issued the memo

dated 19.8.08 the final order on the enquiry imposing

punishment by the Disciplinary Authority upon the

workman. In course of his cross-examination the workman

witness No.1 also admitted the reply of the workman to

the memo of show cause dated 28.9.07 which was marked

as Exhibit-G. the statement made by the workman before

the Branch Manager, Union Bank of India, Shillong Branch

on 5.9.07 admitting the guilt of the workman regarding

fraudulent withdrawal of the money using 2 destroyed

cheques vide Exhibit-J (which was proved without any

objection).

Mr. B.Bhattacharjee, Manager, Regional Office,

Union Bank of India, Chandmari, Guwahati, learned counsel

for the Management submitted that the workman

voluntarily confessed his guilt and as such, the charge

levelled against the workman in respect of fraudulent

withdrawal of money by using unutilized cheques need

not be proved and hence, the punishment imposed by the

Management is justified and legal. However, this

contention of the learned counsel for the Management

vehemently objected by Mr. S.Chakrabarty, General

Secretary, NERUBEA stating that the workman was

compelled to make such statement admitting his guilt

marked as Exhibit-G & J under pressure, duress and

compulsion and the workman was dismissed illegally.

17. On careful scrutiny of all the documents relating

to the Departmental Enquiry conducted by the Department,

it appears that initially preliminary investigation was done

on 4.9.07 by Mr. KC.Bhuiyan, Senior Manager, HRM

Department, Regional Office, Guwahati against the

workman Sri B.B.Das in connection with fraudulent

withdrawal of Rs.48,000/- and Rs.52,000/- from the

S.B.Account No. 5881 and S.B. Account No. 6329 of Ganga

Sarma & Smti Sarita Devi respectively, from the Union

Bank of India, Shillong Branch and the report of the said

enquiry proved as Exhibit-4 shows that the workman B.B.

Das confessed is guilt before the Enquiry Officer. Prior to

holding of the enquiry a local enquiry was made and it

was found that Sri B.B. Das made deposits in few Banks

on the next day of committing the fraud and on this clue

Sri B.B. Das was questioned by the Bank official while he

admitted that he committed the fraud; and on the following

day i.e. on 5.9.07 the workman B.B.Das submitted his

statement admitting his guilt (Exhibit-B) before the Union

Bank of India, Shillong Branch. Ultimately, the

Departmental Proceeding was started against the

workman, which was conducted by Mr. Amit Kr. Banerjee,

the Enquiry Officer. From the proceeding of the enquiry as

well as the findings of the Departmental enquiry, it appears

that the workman on receipt of the show cause

memorandum dated 28.9.2007 ( Exhibit-F) submitted his

explanation dated 11.10.2007 (Exhibit-G) admitting his guilt

and the said documents marked as Exhibit-G was proved

by the management Witness No. 1, Mr. Tajul Islam, the

then Assistant General Manager, Shillong Branch and said

Tajul Islam categorically mentioned that the amount

involving the fraudulent withdrawal was recredited by Sri

B.B. Das, the workman and in course of his cross

examination also he confirmed that the workman has

deposited the amounts based on his admission marked as

MEX-14 & 15. The copy of letters dated 11.10.07 and 5.9.07

of Sri B.B. Das (marked as Exhibit-15 and Exhibit-G

respectively). In the said Departmental Enquiry

Management witness No. 2 in his examination-in-chief

stated that as per the report of the Senior Manager the

workman has deposited the money and he confirmed that

the confession (admission) made by the workman was

voluntary and the same was not given under pressure,

coercion or under intoxication and this statement was not

rebutted by the workman side. It is also found that the

workman was given opportunity for his defence

submission and on closure of the enquiry, the Enquiry

Officer, submitted his findings (Exhibit-L) before the

Disciplinary Authority holding the workman B.B. Das guilty

of the following misconduct :

Gross Misconduct.

(i)

Doing act prejudicial to the interest of the Bank

involving or likely to involve the Bank in

monitory loss,

(ii) Willful damage or attempt to cause damage to

the property of the Bank.

Minor Misconduct,

(iii) Breach of the Rule of the business of the Bank

or instruction for running of any Department.

Thereafter the Disciplinary Authority vide Exhibit- I

proposed punishment and before imposing punishment

the workman B.B. Das was given an opportunity of

personal hearing but the workman B.B. Das did not appear

and made submission against the proposed punishment

nor has brought out any new fact or evidence on record

so as to move to reconsider the proposed punishment.

Thereafter the Disciplinary Authority imposed punishment

as it appears from the Exhibit-M. As such, there is no iota

of evidence to show that the admission of the guilt by the

workman made (vide Exhibits-G & J) under pressure, duress

and compulsion. Thus, it is crystal clear that there is no

irregularity or illegality nor any violation of natural justice

committed by the Management in course of the Disciplinary

Proceeding as well as imposing punishment against the

workman. As such I find no force in the argument of Mr.

S.Chakrabarty, learned counsel for the workman.

18. In view of my discussion and findings as above

and having regard to the evidence and pleadings adduced

by both the sides together with the decisions of the Apex

Court, it can safely be held that the workman B.B.Das

committed the offence on 2.8.07 and 7.8.07 while he was

serving as Peon-cum-Hamal in the Union Bank of India,

5014

THE GAZETTE OF INDIA : AUGUST 31, 2013/BHADRA 9, 1935

[PART II—SEC. 3(ii)]

Shillong Branch by fraudulent withdrawal of money from

the Management Bank using unused cheques which was

detected in the concerned Branch on 10.8.2007 and the

said amount was subsequently deposited by the workman

after detection of the act of fraudulent withdrawal of

money; and it is also found well established that the

Officer-In-Charges namely, Souvik Dutta, Assistant

Manager, and Mr. M.A. Dakhar, Manager, Union Bank of

India, Shillong Branch were also punished due to their

negligence and lapse in due discharge of their duties in

relation to the fraudulent withdrawal of the money by the

workman.

19. In the result, I am constrained to opine that the

action of the Management of the Union Bank of India in

terminating the service of Sri B.B. Das, workman without

considering the involvement of the other responsible

officers of the Bank Management for fraudulent withdrawal

of money from customers accounts is justified and hence,

the workman is not entitled to any relief. Accordingly this

Reference is disposed of without granting any relief to the

workman.

Send the Award to Government immediately as per

procedure.

Given under my hand and seal of this Court on this

24th day of July, 2013.

L. C. DEY, Presiding Officer

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New Delhi, the 6th August, 2013

S.O. 1852.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 103/

2011) of the Central Government Industrial Tribunal/Labour

Court, Kanpur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of Central Bank of India and their workmen,

which was received by the Central Government on

26-4-2013.

[No. L- 39025/1/2010-IR (B-II)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE SRI RAM PRAKASH, HJS, PRESIDING

OFFICER, CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, KANPUR

Industrial Dispute No. 103/2011

Kaushal Kumar Singh,

Son of Sri Ashok Kumar Singh,

Resident of 38/24,

Prayag Narain Shivala,

Behind Gupta Own Wala,

Kanpur

AND

The Zonal Manager,

Central Bank of India,

23, Vidhan Sabha Marg,

Lucknow and Others

AWARD

1. Brief facts are—

2. A claim petition has been filed by claimant under

sub-section (1) of Section 2-A of the Industrial Disputes

Act, 1947, claiming that his removal from service by the

opposite party from 29.6.93 be declared as illegal and

unjustified and he should be reinstated in the service of

the bank with consequential benefits.

3. The claim of the workman has been challenged

by filing a written reply as well as by moving a separate

application paper no. 9/1 along with affidavit alleging that

the claim of the workman is not maintainable legally or

factually.

4. It is contended by the opposite party that the

claimant has raised the dispute several times before the

ALC(C) but his prayer was not accepted. Vide paper no.

8/6 dated 19.1.95, his case was not found suitable by

Government of India for sending a reference, and thereafter

the workman has also filed a writ petition raising the same

aversions. This writ petition was decided against the

workman vide order dated 25.1.2005. The copy of the said

order is paper no. 9/27. The workman again raised the

dispute before the conciliation officer, the workman

remained absent on several dates before the conciliation

officer thereby the conciliation officer closed the dispute

vide order dated 17.10.0211, vide paper no. 9/23.

5. Thereafter, the claimant filed this claim statement

on 14.12.2011.

6. It is contended by the AR of the opposite party

that under sub-section (3) of Section 2-A of the Act the

present dispute is not maintainable as the same has not

been filed within 3 years from the date of his removal.

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5015

7. I would like to reproduce the provisions of sub-

section (3) of Section 2-A of the Act as amended.

8. The application referred to in sub-section 2 shall

be made to the Labour Court or Tribunal before expiry of

three years from the date of discharge, dismissal and

retrenchment or otherwise, termination of service as

specified in sub-section (1).

9. The provisions are very clear. Termination is dated

29.6.1993. Therefore, filing of claim statement challanging

the termination of the services of the applicant cannot be

maintainable.

10. Ruling filed by the workman 1999 (82) FLR 137

Supreme Court in between Ajayabd Singh and Sirhand

Co-operative Marketing-cum-Processing Service Society

Limited is not applicable considering the facts of the present

case.

11. Here in the present case the statute has laid

down limitation which is mandatory.

12. Therfore, considering all the facts that the

Government did not find the case suitable for the reference.

Secondly he raised the dispute before the Hon’ble High

Court and considering the facts the Hon’ble High Court

decided the case vide order dated 25.1.2005, thirdly he did

not take interest before the conciliation officer due to his

absence and lastly under sub-section (3) of Section 2-A of

the Act, the present claim of the applicant is not

maintainable.

13. Therefore, the claimant is not entitled to any

relief as claimed by him in his claim petition.

Dated : 13-3-2013

RAM PARKASH, Presiding Officer

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.