4083 GI/2013

(5715)

lapkj vkSj lwpuk izkS|ksfxdh ea=ky;

¼nwjlapkj foHkkx½

¼jktHkk"kk vuqHkkx½

ubZ fnYyh] 23 flrEcj] 2013

dkñvkñ 2108.—dsUnzh; ljdkj jktHkk"kk ¼la?k ds 'kkldh; iz;kstuksa ds fy, iz;ksx½ fu;e] 1976 ¼;Fkk la'kksf/kr] 1987] 2007 rFkk 2011½

ds fu;e 10¼4½ ds vuqlj.k esa eq[; egkizca/kd] iatkc nwjlapkj ifjeaMy] p.Mhx<+ ds iz'kklfud fu;a=.kk/khu iz/kkukpk;Z] {ksñnwñizñ dsUnz] jktiqjk

dk;kZy;] ftlesa 80 izfr'kr ls vf/kd deZpkfj;ksa us fganh dk dk;Zlk/kd Kku izkIr dj fy;k gS] dks ,rn~}kjk vf/klwfpr djrh gSA

2- ;g vf/klwpuk jkti= esa izdk'ku dh rkjh[k ls ykxw gksxhA

[la- bZ&11016@01@2009&jktHkk"kk]

Hkkjr Hkw"k.k dkSjk] la;qDr lfpo

MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY

(Department of Telecommunications)

(O. L. SECTION)

New Delhi, the 23rd September, 2013

S.O. 2108.—In pursuance of Rule 10(4) of the Official Languages (use for official purpose of the Union) Rules, 1976

the Central Government hereby notifies the Office of the Principal, Regional Telecommunication Centre, Rajpura under

the administrative control of Chief Manager, Punjab Telecom Circle, Chandigarh, where more than 80% staff have acquired

working knowledge of Hindi.

2. This notification shall come into force from the date of its publication in the Official Gazette.

[No. E-11016/01/2009-O.L.]

BHARAT BHUSHAN KAURA, Jt. Secy.

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- 40]

ubZ fnYyh, flrEcj 29—vDrwcj 5] 2013] 'kfuokj@vkf'ou 7—vkf'ou 13] 1935

No. 40]

NEW DELHI, SEPTEMBER 29—OCTOBER 5, 2013, SATURDAY/ASVINA 7—ASVINA 13, 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)

5716

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

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

¼miHkksDrk ekeys foHkkx½

¼Hkkjrh; ekud C;wjks½

ubZ fnYyh] 16 flrEcj] 2013

dkñvkñ 2109.—Hkkjrh; ekud C;wjks fu;e 1987 ds fu;e 7 ds mifu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks ,rn~}kjk

vf/klwfpr djrk gS fd ftl Hkkjrh; ekud dk fooj.k uhps vuqlwph esa fn;k x;k gS og LFkkfir gks x;k gS%&

vuqlwph

Øe

LFkkfir Hkkjrh; ekud ¼dksa½ dh la[;k o"kZ

u;s Hkkjrh; ekud }kjk vfrØfer

LFkkfir frfFk

la[;k

vkSj 'kh"kZd

Hkkjrh; ekud vFkok ekudksa] ;fn dksbZ

gks] dh la[;k vkSj o"kZ

¼1½

¼2½

¼3½

¼4½

1-

vkbZ,l 10400%2013 lwph fu;a=.k

—

31 vxLr] 2013

ikfjHkkf"kd 'kCnkoyh ¼nwljk iqujh{k.k½

bl ekud dh izfr;ka Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj 'kkg tQj ekxZ] ubZ fnYyh&110002] {ks=h; dk;kZy;ksa % ubZ fnYyh]

dksydkrk] p.Mhx<] psUubZ] eqEcbZ rFkk 'kk[kk dk;kZy;ksa % vgenkckn] caxyq:] Hkksiky] Hkqous'oj] dks;Ecrwj] xqokgkVh] gSnjkckn] t;iqj]

dkuiqj] ukxiqj] iVuk] iq.ks rFkk fr:ouUrkiqje esa fcØh gsrq miyC/k gSaA

[lanHkZ ,e,l Mh@th&8 vf/klwpuk]

dsñ ,uñ jko] oSKkfud ^,Q* ,oa izeq[k ¼izcU/k ,oa ra= foHkkx½

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

(BUREAU OF INDIAN STANDARDS)

New Delhi, the 16th September, 2013

S.O. 2109.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the

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

annexed has been established on the date indicated against each:

SCHEDULE

Sl.

No. & Year of the Indian

No. & Year of Indian

Date Established

No.

Standard Established

Standard, if any, Superseded by

the New Indian Standard

(1)

(2)

(3)

(4)

1.

IS 10400:2013 Inventory Management—

—

31 August, 2013

Glossary of terms (Second revision)

Copy of the above Standard is available for sale with the Bureau of Indian Standards, Manak Bhawan, 9 Bahadur

Shah Zafar Marg, New Delhi-110 002 and its Regional Offices at Kolkata, Chandigarh, Chennai, Mumbai and also Branch

Offices at Ahmedabad, Bengaluru, Bhopal, Bhubaneshwar, Coimbatore, Guwahati, Hyderabad, Jaipur, Kanpur, Nagpur,

Patna, Pune and Thiruvananthapuram.

[Ref. MSD/G-8 Notification]

K. N. RAO, Scientist 'F' & Head (Management & Systems Department)

ubZ fnYyh] 18 flrEcj] 2013

dkñvkñ 2110.—Hkkjrh; ekud C;wjks ¼izek.ku½ fofu;e 1988 ds fofu;e 6 ds mifofu;e ¼3½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

,rn~}kjk uhps vuqlwph esa fn, x;s mRiknksa dh eqgjkadu 'kqYd vf/klwfpr djrk gS %

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5717

vuqlwph

Hkkjrh;

Hkkx

vuq

o"kZ

mRikn

bdkbZ

U;wure eqgjkadu 'kqYd

bdkbZ nj

LySc esa bdkb;ka

'ks"k

izpyu frfFk

ekud

LySc ¼#-½

la[;k

cM+s iSekus ij

NksVs iSekus ij

10701

2012

LVªDpjy IykboqM

1 oxZ

#- 91000

# 77000

4-00

lHkh

18-09-2013

ehVj

14856

2000

vkarfjd mi;ksx ds fy, dkWap js'kk

1 oxZ

#-108000

# 92000

0-15

lHkh

18-09-2013

izcfyr IykfLVd ¼thvkjih½ ds

ehVj

c[rsuqek njoktksa ds 'kVj

[la- lh,eMh3@th&40]

ihñ dsñ xaHkhj] oSKkfud ^th* ,oa iz/kku ¼izek.ku½

New Delhi, the 18th September, 2013

S.O. 2110.—In pursuance of sub-regulation (3) of regulation 6 of the Bureau of Indian Standards (Certification) Regulations, 1988, the Bureau of Indian Standards,

hereby notifies the Marking fee for the products given in the schedule:

SCHEDULE

IS No.

Part

Sec

Year

Product

Units

Minimum Marking fee

Unit

Units

Re-

Effective

Large scale

Small scale

Rate

in

main

date

scale

Slab 1

Slab-1

IS 10701

-

-

2012

Structural

1 square

Rs. 91000

Rs. 77000

Rs.

All

-

18.09.2013

Plywood

meter

4.00/-

unit

IS14856

-

-

2000

Glass Fibre

1 square

Rs. 108000

Rs. 92000

Rs.

All

-

18.09.2013

Reinforced

meter

0.15/

Plastic(GRP)

unit

panel type door

shutters for Internal Use

[No. CMD3/G-40]

P. K. GAMBHIR, Scientist 'G' & Chief (Certification)

5718

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

ubZ fnYyh] 19 flrEcj] 2013

dkñvkñ 2111.—Hkkjrh; ekud C;wjks fu;e] 1987 ds fu;e 7 ds mifu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

,rn~}kjk vf/klwfpr djrk gS fd uhps vuqlwph esa fn, x, gSa os ekud LFkkfir gks x, gSa %

vuqlwph

Øe

LFkkfir Hkkjrh; ekud¼dksa½ dh la[;k] o"kZ

u;s Hkkjrh; ekud }kjk vfrØfer

LFkkfir frfFk

la[;k

vkSj 'kh"kZd

Hkkjrh; ekud vFkok ekudksa] ;fn dksbZ

gks] dh la[;k vkSj o"kZ

¼1½

¼2½

¼3½

¼4½

1-

vkbZ ,l 9401¼Hkkx 7½% 2013

vkbZ ,l 9401¼Hkkx 7½ % 1984

31@08@2013

unh ?kkVh ifj;kstukvksa esa dk;Z ekiu

dh i)fr;ksa ¼cka/k vkSj lEc) lajpuk,a½

Hkkx 7 tksM+ ¼igyk iqujh{k.k½

bl Hkkjrh; ekud dh izfr;ka Hkkjrh; ekud C;wjks] ekud Hkou] 9 cgknqj 'kkg tQj ekxZ] ubZ fnYyh&110002] {ks=h; dk;kZy;ksa % ubZ

fnYyh] dksydkrk] paMhx<+] 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:ouUriqje esa fcØh gsrq miyC/k gSA Hkkjrh; ekudksa dks http://www.standardsbis.in ij baVjusV

}kjk [kjhnk tk ldrk gSA

[lanHkZ MCY;w vkj Mh 23@Vh&9]

tsñ lhñ vjksM+k] oSKkfud ^,Q* ,oa izeq[k ¼ty lalk/ku foHkkx½

New Delhi, the 19th September, 2013

S.O. 2111.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the

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

annexed have been established on the date indicated against each:

SCHEDULE

Sl.

No., Title and Year of the Indian

No. and Year of the Indian

Date of Establishment

No.

Standards Established

Standards, if any, Superseded by

the New Indian Standard

(1)

(2)

(3)

(4)

1.

IS 9401(Part 7) : 2013 Method of

IS 9401 (Part 7) : 1984

31/08/2013

measurement of works in river

valley projects (dams and appurtenant

structures) Part 7 Joints (First revision)

Copy of this Standard 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, Bhubneshwar, Coimbatore, Guwahati, Hyderabad, Jaipur, Kanpur, Nagpur, Patna, Pune,

Thiruvananthapuram, Indian Standards can be purchased from BIS sales portal http://www.standardsbis.in.

[Ref. WRD 23/T-9]

J. C. ARORA, Scientist ‘F’ & Head (Water Resources Deptt.)

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5719

ubZ fnYyh] 19 flrEcj] 2013

dkñvkñ 2112.—Hkkjrh; ekud C;wjks fu;e] 1987 ds fu;e 7 ds mifu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

,rn~}kjk vf/klwfpr djrk gS fd uhps vuqlwph esa fn, x, gSa os ekud LFkkfir gks x, gSa %

vuqlwph

Øe

LFkkfir Hkkjrh; ekud¼dksa½ dh la[;k] o"kZ

u;s Hkkjrh; ekud }kjk vfrØfer

LFkkfir frfFk

la[;k

vkSj 'kh"kZd

Hkkjrh; ekud vFkok ekudksa] ;fn dksbZ

gks] dh la[;k vkSj o"kZ

¼1½

¼2½

¼3½

¼4½

1-

vkbZ ,l 13041%2013 nzo pkfyr

vkbZ ,l 13041%1991

31@08@2013

gkbLVksa ds fujh{k.k] ijh{k.k vkSj j[k&

j[kko dh flQkfj'ksa ¼LFkkiu ds ckn½

¼igyk iqujh{k.k½

bl Hkkjrh; ekud dh izfr;ka Hkkjrh; ekud C;wjks] ekud Hkou] 9 cgknqj 'kkg tQj ekxZ] ubZ fnYyh&110002] {ks=h; dk;kZy;ksa % ubZ

fnYyh] dksydkrk] paMhx<+] psUubZ] eqEcbZ rFkk 'kk[kk dk;kZy;ksa % vgenkckn] caxykSj] Hkksiky] Hkwous'oj] dks;Ecrwj] xqokgkVh] gSnjkckn]

t;iqj] dkuiqj] ukxiqj] iVuk] iw.ks rFkk fr:ouUrkiqje esa fcØh gsrq miyC/k gSaA Hkkjrh; ekudksa dks http:/www.standardsbis.in ij baVjusV

}kjk [kjhnk tk ldrk gSA

[lanHkZ MCY;w vkj Mh 12@Vh&22]

tsñ lhñ vjksM+k] oSKkfud ^,Q* ,oa izeq[k ¼ty lalk/ku foHkkx½

New Delhi, the 19th September, 2013

S.O. 2112.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the

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

annexed have been established on the date indicated against each:

SCHEDULE

Sl.

No., Title and Year of the Indian

No. & Year of the Indian

Date of Establishment

No.

Standards Established

Standards, if any, Superseded by

the New Indian Standard

(1)

(2)

(3)

(4)

1.

IS 13041:2013 Recommendations for

IS 13041:1991

31/08/2013

inspection, testing and maintenance

of hydraulic hoist (after erection)

(First revision)

Copy of this Standard 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,

Thiruvananthapuram, Indian Standards can be purchased from BIS sales portal http://www.standardsbis.in.

[Ref. WRD12/T-22]

J. C. ARORA, Scientist ‘F’ & Head (Water Resources Deptt.)

ubZ fnYyh] 19 flrEcj] 2013

dkñvkñ 2113.—Hkkjrh; ekud C;wjks fu;e] 1987 ds fu;e 7 ds mi&fu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

,rn~}kjk vf/klwfpr djrk gS fd uhps vuqlwph esa fn, x, gSa os ekud LFkkfir gks x, gSa %

5720

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

vuqlwph

Øe

LFkkfir Hkkjrh; ekud¼dksa½ dh la[;k] o"kZ

u;s Hkkjrh; ekud }kjk vf/kØfer

LFkkfir frfFk

la[;k

vkSj 'kh"kZd

Hkkjrh; ekud vFkok ekudksa] ;fn dksbZ

gks] dh la[;k vkSj o"kZ

¼1½

¼2½

¼3½

¼4½

1-

vkbZ ,l 14793 % 2013

vkbZ ,l 14793 % 2000

31-08-2013

ty oSKkfud lajpukvksa rFkk e'khuksa ij

Hkwdai ds vykok daiu v/;;uksa ds fy,

;a=ksa dk laLFkkiu] vuqlj.k vkSj voyksdu &

dk;Z lafgrk ¼igyk iqujh{k.k½

bl Hkkjrh; ekud dh izfr;ka Hkkjrh; ekud C;wjks] ekud Hkou] 9 cgknqj 'kkg tQj ekxZ] ubZ fnYyh&110002] {ks=h; 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] iq.ks rFkk fr#ouUriqje esa fcØh gsrq miyC/k gSaA Hkkjrh; ekudksa dks http://www.standardsbis.in ij baVjusV }kjk [kjhnk tk ldrk gSA

[lanHkZ MCY;w vkj Mh 16@Vh&21]

tsñ lhñ vjksM+k] oSKkfud ^,Q* ,oa izeq[k ¼ty lalk/ku foHkkx½

New Delhi, the 19th September, 2013

S.O. 2113.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the

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

annexed have been established on the date indicated against each:

SCHEDULE

Sl.

No., Title and Year of the Indian

No. and Year of the Indian

Date of Establishment

No.

Standards Established

Standards, if any, Superseded by

the New Indian Standard

(1)

(2)

(3)

(4)

1.

IS 14793:2013 Installation, maintenance and

IS 14793:2000

31.08.2013

observation of the instruments for vibration

studies other than earthquakes on hydraulic

structures and mechines Code of practice (first revision)

Copy of this Standard 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, Coimbatoe, Guwahati, Hyderabad. Jaipur, Kanpur, Nagpur, Patna, Pune,

Thiruvananthapuram. Indian Standards can be purchased from BIS sales portal http://www.standardsbis.in.

[Ref. WRD16/T-21]

J. C. ARORA, Scientist 'F' & Head (Water Resources Deptt.)

ubZ fnYyh] 19 flrEcj] 2013

dkñvkñ 2114.—Hkkjrh; ekud C;wjks fu;e] 1987 ds fu;e 7 ds mi&fu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

,rn~}kjk vf/klwfpr djrk gS fd uhps vuqlwph esa fn, x, gSa os ekud LFkkfir gks x, gSa %

vuqlwph

Øe

LFkkfir Hkkjrh; ekud¼dksa½ dh la[;k] o"kZ

u;s Hkkjrh; ekud }kjk vf/kØfer

LFkkfir frfFk

la[;k

vkSj 'kh"kZd

Hkkjrh; ekud vFkok ekudksa] ;fn dksbZ

gks] dh la[;k vkSj o"kZ

¼1½

¼2½

¼3½

¼4½

1-

vkbZ ,l 9401¼Hkkx 6½% 2013 unh ?kkVh ifj;kstukvksa

vkbZ ,l 9401

31-08-2013

esa dk;Z ekiu dh i)fr;ka ¼cka/k vkSj lEc) lajpuk,a½

¼Hkkx 6½% 1984

Hkkx 6 osafVys'ku ds ikbi vkSj vU; lfUufgr lkexzh

¼igyk iqujh{k.k½

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5721

bl Hkkjrh; ekud dh izfr;ka Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj 'kkg tQj ekxZ] ubZ fnYyh&110002] {ks=h; 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/k gSaA Hkkjrh; ekudksa dks http://www.standardsbis.in ij baVjusV

}kjk [kjhnk tk ldrk gSA

[lanHkZ MCY;w vkj Mh 23@Vh&8]

tsñ lhñ vjksM+k] oSKkfud ^,Q* ,oa izeq[k ¼ty lalk/ku foHkkx½

New Delhi, the 19th September, 2013

S.O. 2114.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the

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

annexed have been established on the date indicated against each:

SCHEDULE

Sl.

No., Title and Year of the Indian

No. & Year of the Indian

Date of Establishment

No.

Standards Established

Standards, if any, Superseded by

the New Indian Standard

(1)

(2)

(3)

(4)

1.

IS 9401 (Part 6):2013 Method of

IS 9401(Part 6):1984

31.08.2013

measurement of works in river valley

projects (dams and appurtenant structures)

Part 6 Ventilation pipes and other embedded

materials (first revision)

Copy of this Standard 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,

Thiruvananthapuram. Indian Standards can be purchased from BIS sales portal http://www.standardsbis.in.

[Ref. WRD 23/T-8]

J. C. ARORA, Scientist 'F' & Head ( Water Resources Deptt.)

ubZ fnYyh] 19 flrEcj] 2013

dkñvkñ 2115.—Hkkjrh; ekud C;wjks fu;e 1987 ds fu;e 7 ds mi&fu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

,rn~}kjk vf/klwfpr djrk gS fd uhps vuqlwph esa fn, x, gSa os ekud LFkkfir gks x, gSa %

vuqlwph

Øe

LFkkfir Hkkjrh; ekud ¼dksa½ dh la[;k] o"kZ

u;s Hkkjrh; ekud }kjk vfrØfer

LFkkfir frfFk

la[;k

vkSj 'kh"kZd

Hkkjrh; ekud vFkok ekudksa] ;fn dksbZ

gks] dh la[;k vkSj o"kZ

¼1½

¼2½

¼3½

¼4½

1-

vkbZ ,l 16115%2013 iw.kZ gks pqdh

&

31-08-2013

flapkbZ ifj;kstukvksa ¼izeq[k ,oa e/;e½

dk ewY;kadu &ekxZn'khZ fl)kar

bl Hkkjrh; ekud dh izfr;ka Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj 'kkg tQj ekxZ] ubZ fnYyh&110002] {ks=h; 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/k gSaA Hkkjrh; ekudksa dks http://www.standardsbis.in ij baVjusV

}kjk [kjhnk tk ldrk gSA

[lanHkZ MCY;w vkj Mh 06@Vh&17]

tsñ lhñ vjksM+k] oSKkfud ^,Q* ,oa izeq[k ¼ty lalk/ku foHkkx½

5722

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

New Delhi, the 19th September, 2013

S.O. 2115.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the

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

annexed have been established on the date indicated against each:

SCHEDULE

Sl.

No., Title and Year of the Indian

No. & Year of the Indian

Date of Establishment

No.

Standards Established

Standards, if any, Superseded by

the New Indian Standard

(1)

(2)

(3)

(4)

1.

IS 16115:2013 Evaluation of

-

31.08.2013

completed irrigation projects

(major and medium) — Guidelines

Copy of this Standard 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,

Thiruvananthapuram. Indian Standards can be purchased from BIS sales portal http://www.standardsbis.in.

[Ref. WRD 06/T-17]

J. C. ARORA, Scientist 'F' & Head ( Water Resources Deptt.)

ubZ fnYyh] 20 flrEcj] 2013

dkñvkñ 2116.—Hkkjrh; ekud C;wjks fu;e] 1987 ds fu;e 7 ds mi&fu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

,rn~}kjk vf/klwfpr djrk gS fd ftu ekudksa dk fooj.k uhps vuqlwph esa fn, x, gSa os ekud LFkkfir gks x, gSa %

vuqlwph

Øe

LFkkfir Hkkjrh; ekud ¼dksa½ dh la[;k

u, Hkkjrh; ekud }kjk

LFkkfir frfFk

la[;k

o"kZ vkSj 'kh"kZd

vf/kØfer Hkkjrh; ekud

vFkok ekudksa] ;fn dksbZ gks]

dh la[;k vkSj o"kZ

¼1½

¼2½

¼3½

¼4½

1-

vkbZ ,l 1641%2013 Hkouksa ¼lkekU;½ dh

vkbZ ,l 1641%1988

31-07-2013

vfXu lqj{kk% vfXu Js.khdj.k vkSj oxhZdj.k

ds lkekU; fl)kar & jhfr lafgrk ¼nwljk iqujh{k.k½

2-

vkbZ ,l 1642%2013 Hkouksa ¼lkekU;½ dh

vkbZ ,l 1642%1989

31-07-2013

vfXu lqj{kk% lajpukvksa ds fooj.k & jhfr lafgrk

¼nwljk iqujh{k.k½

3-

vkbZ ,l 1643%2013 Hkouksa ¼lkekU;½ dh

vkbZ ,l 1643%1988

31-08-2013

vfXu lqj{kk% vfXu ds lEidZ esa vkus ds

[krjs & jhfr lafgrk ¼nwljk iqujh{k.k½

4-

vkbZ ,l 1644%2013 Hkouksa ¼lkekU;½ dh

vkbZ ,l 1644%1988

31-08-2013

vfXu lqj{kk% fudklh dh vko';drk,a vkSj

futh tksf[ke & jhfr lafgrk ¼nwljk iqujh{k.k½

bu Hkkjrh; ekudksa dh izfr;ka Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj 'kkg tQj ekxZ] ubZ fnYyh&110002] {ks=h; 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 dksfp esa fcØh gsrq miyC/k gSaA

[lanHkZ lhbZMh@jkti=]

tsñ jk;ñ pkS/kjh] oSKkfud ^,Q* ,oa izeq[k ¼flfoy bathfu;jh½

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5723

New Delhi, the 20th September, 2013

S.O. 2116.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the

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

annexed have been established on the date indicated it:

SCHEDULE

Sl.

No. and Year of the Indian

No. and Year of Indian

Date of Establishment

No.

Standards Established

Standards, if any, Superseded by

the New Indian Standard

(1)

(2)

(3)

(4)

1.

IS 1641:2013 Fire Safety of Buildings

IS 1641:1988

31.07.2013

(General): General Principles of Fire

Grading and Classification — Code

of Practice (Second Revision)

2.

IS 1642:2013 Fire Safety of Buildings

IS 1642:1989

31.07.2013

(General): Details of Construction —

Code of Practice (Second Revision)

3.

IS 1643:2013 Fire Safety of Buildings

IS 1643:1988

31.08.2013

(General): Exposure Hazard — Code

of Practice (Second Revision)

4.

IS 1644:2013 Fire Safety of Buildings

IS 1644:1988

31.08.2013

(General) : Exit Requirements and

Personal Hazard — Code of Practice

(Second Revision)

Copy of these 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, Coimbatoe, Guwahati, Hyderabad, Jaipur, Kanpur, Nagpur, Patna, Pune, Kochi.

[Ref. CED/Gazette]

J. ROY CHOWDHURY, Scientist 'F' & Head (Civil Engg.)

ubZ fnYyh] 23 flrEcj] 2013

dkñvkñ 2117.—Hkkjrh; ekud C;wjks fu;e 1987 ds fu;e 7 ds mi&fu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks

,rn~}kjk vf/klwfpr djrk gS fd uhps vuqlwph esa fn;s x, ekud¼dksa½ esa la'kks/ku fd;k x;k@fd, x, gSaA

vuqlwph

Øe

la'kksf/kr Hkkjrh; ekud¼dksa½ dh la[;k]

la'kks/ku dh la[;k vkSj

LFkkfir frfFk

la[;k

o"kZ vkSj 'kh"kZd

frfFk

¼1½

¼2½

¼3½

¼4½

1-

vkbZ ,l 3025 ¼Hkkx 39½ % 1991 ty vkSj

la'kks/ku la[;k uañ 2

30 flrEcj] 2013

vif'k"V ty ds fy, uewus ysus vkSj ijh{k.k

flrEcj 2013

¼HkkSfrd ,oa jklk;fud½ dh i)fr;ka Hkkx 39

rsy ,oa xzht ¼igyk iqujh{k.k½

bl Hkkjrh; ekud dh izfr;ka Hkkjrh; ekud C;wjks] ekud Hkou] 9 cgknqj 'kkg tQj ekxZ] ubZ fnYyh&110002] {ks=h; 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] iq.ks rFkk fr:ouUrkiqje esa fcØh gsrq miyC/k gSaA Hkkjrh; ekudksa dks http://www.standardsbis.in }kjk baVjusV ij [kjhnk tk

ldrk gSA

[lanHkZ lh,pMh 32@vkbZ,l 3025 ¼Hkkx 39½]

Mkñ jktho dsñ >k] oSKkfud ^,Q* ,oa izeq[k ¼jlk;u½

5724

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

New Delhi, the 23rd September, 2013

S.O. 2117.—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 amendments to the Indian Standards, particulars of which are given in the

Schedule hereto annexed have been issued:

SCHEDULE

Sl.

No. and Year of the Indian

No. and Year of the

Date from which

No.

Standards

Amendment

the amendment shall

have effect

(1)

(2)

(3)

(4)

1.

IS 3025 (Part 39):1991 Method of

Amendment No. 2

30 September, 2013

Sampling and Test (Physical and

September 2013

Chemical) for water and wastewater

Part 39 Oil and Grease (First Revision)

Copy of this Standard 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, Coimbatoe, Guwahati, Hyderabad, Jaipur, Kanpur, Nagpur, Patna, Pune,

Thiruvananthapuram. On line purchase of Indian Standard can be made of http://www.standardsbis.in.

[Ref. CHD 32/IS 3025(Part 39)]

Dr. RAJIV K. JHA, Scientist 'F' & Head (CHD)

ubZ fnYyh] 31 vxLr] 2013

dkñvkñ 2118.—Hkkjrh; ekud C;wjks fu;e 1987 ds fu;e 7 ds mifu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks ,rn~}kjk

vf/klwfpr djrk gS fd ftu Hkkjrh; ekudksa ds fooj.k uhps vuqlwph esa fn, x, gSa os LFkkfir gks x, gSaA

vuqlwph

Øe

LFkkfir Hkkjrh; ekud ¼dksa½ dh la[;k] o"kZ

u;s Hkkjrh; ekud }kjk vfrØfer

LFkkfir frfFk

la[;k

vkSj 'kh"kZd

Hkkjrh; ekud vFkok ekudksa] ;fn dksbZ

gks] dh la[;k vkSj o"kZ

¼1½

¼2½

¼3½

¼4½

1-

vkbZ,l 5466 % 2013 peZ'kks/ku ouLifr

—

31 vxLr] 2013

lkexzh — ijh{k.k i)fr ¼igyk iqujh{k.k½

2-

vkbZ,l 6199 % 2013 oSVy fu"d"kZ — fof'kf"V

—

31 vxLr] 2013

¼igyk iqujh{k.k½

3-

vkbZ,l 6301 % 2013 {kkjh; Øksfe;e lYQsV

—

31 vxLr] 2013

¼peZ 'kks/ku ds fy,½ — fof'kf"V ¼igyk iqujh{k.k½

4-

vkbZ,l 6657 % 2013 [kky dh Nky —

—

31 vxLr] 2013

fof'kf"V ¼igyk iqujh{k.k½

5-

vkbZ,l 6658 % 2013 dktw ds chtkoj.k —

—

31 vxLr] 2013

fof'kf"V ¼igyk iqujh{k.k½

6-

vkbZ,l 13271 % 2013 fQuksfyd flUVSu—

—

31 vxLr] 2013

ijh{k.k i)fr ¼igyk iqujh{k.k½

7-

vkbZ,l 13528 % 2013 iwoZ peZ'kks/ku flUVSu—

—

31 vxLr] 2013

fof'kf"V ¼igyk iqujh{k.k½

8-

vkbZ,l 13625 % 2013 ,Øhfyd vkSj flUVSu okys

—

31 vxLr] 2013

iqu% peZ'kks/ku flUVSu—fof'kf"V ¼igyk iqujh{k.k½

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5725

bu Hkkjrh; ekudksa dh izfr;kWa Hkkjrh; ekud C;wjksa] ekud Hkou] 9] cgknqj'kkg tQj ekxZ] ubZ fnYyh 110002 {ks=h; dk;kZy;ksa% ubZ

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

t;iqj] dkuiqj] ukxiqj] iVuk] iq.ks rFkk fr:ouUrkiqje esa fcØh gsrq miyC/k gSaA Hkkjrh; ekudksa dks http://www.standardsbis.in }kjk

baVjuSV ij [kjhnk tk ldrk gSA

[lanHkZ lh,pMh 17@vkbZ,l 5466] 6199] 6301] 6657] 6658] 13271] 13528] 13625]

MkWñ jktho dsñ >k ] oSKkfud ^,Q* ,oa izeq[k ¼jlk;u½

New Delhi, the 31st August, 2013

S.O. 2118.— In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the

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

annexed have been established on the date indicated against each:

SCHEDULE

Sl.

No. & Year of the Indian

No. & Year of Indian

Date of Established

No.

Standard Established

Standards, if any, Superseded by

the New Indian Standard

(1)

(2)

(3)

(4)

1.

IS 5466 : 2013 Vegetable Tranning

—

31 August, 2013

Materials—Method of test (First Revision)

2.

IS 6199 : 2013 Wattle Extract—

—

31 August, 2013

Specification (First Revision)

3.

IS 6301 : 2013 Basic Chromium Sulphate

—

31 August, 2013

(for tanning)— Specification (First

Revision)

4.

IS 6657 : 2013 Sal Bark—Specification

—

31 August, 2013

(First Revision)

5.

IS 6658 : 2013 Cashew Testa—Specification

—

31 August, 2013

(First Revision)

6.

IS 13271 : 2013 Phenolic Syntans—

—

31 August, 2013

Methods of test (First Revision)

7.

IS 13528 : 2013 Pretanning Syntans—

—

31 August, 2013

Specification (First Revision)

8.

IS 13625 : 2013 Retanning Syntans

—

31 August, 2013

including Acrylic and Related Syntans—

Specification (First Revision)

Copy of these 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, Thiruvananthapuram. On line purchase of Indian standard can be made at :http//www.standardsbis.in.

[Ref. CHD 17/IS 5466, 6199, 6301, 6657, 6658, 13271, 13528, 13625]

Dr. RAJIV K. JHA, Scientist 'F' & Head (CHD)

ubZ fnYyh] 24 flrEcj] 2013

dkñvkñ 2119.—Hkkjrh; ekud C;wjks fu;e 1987 ds fu;e 7 ds mifu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks ,rn~}kjk

vf/klwfpr djrk gS fd ftu Hkkjrh; ekudksa ds fooj.k uhps vuqlwph esa fn, x, gSa os LFkkfir gks x, gSaA

5726

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

vuqlwph

Øe

LFkkfir Hkkjrh; ekud ¼dkas½ dh la[;k]

u;s Hkkjrh; ekud }kjk vfrØfer

LFkkfir frfFk

la[;k

o"kZ vkSj 'kh"kZd

Hkkjrh; ekud vFkok ekudksa] ;fn dksbZ

gks] dh la[;k vkSj o"kZ

¼1½

¼2½

¼3½

¼4½

1-

vkbZ,l 16016 % 2013 fiu VEcyj

rqjUr

iz.kkyh ds csyukdkj rkys &

fof'k"V

bu Hkkjrh; ekud dh izfr;kWa Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj'kkg tQj ekxZ] ubZ fnYyh 110002] {ks=h; dk;kZy;ksa%

dksydrk] p.Mhx<+] psUubZ] eqEcbZ rFkk 'kk[kk dk;kZy;ksa % vgenkckn] caxykSj] Hkksiky] Hkqous'oj] dks;Ecrwj] xqokgkVh] gSnjkckn] t;iqj]

dkuiqj] ukxiqj] iVuk] iq.ks rFkk fr:ouUrkiqje esa fcØh gsrq miyC/k gSaA Hkkjrh; ekudksa dks http://www.standardsbis.in }kjk baVjuSV ij

[kjhnk tk ldrk gSA

[lanHkZ ,ebZMh@th&2 % 1]

rstchj flag ] oSKkfud ^,Q* ,oa izeq[k ¼;kaf=d bathfu;fjax½

New Delhi, the 24th September, 2013

S.O. 2119.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Burea of Indian Standards Rules, 1987, the

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

annexed have been established on the date indicated against each:

SCHEDULE

Sl.

No. and Year of the Indian

No. and Year of Indian

Date of Establishment

No.

Standards Established

Standards, if any, Superseded by

the New Indian Standard

(1)

(2)

(3)

(4)

1.

IS 16016 : 2013 Cylinderical locks with

—

With immediate

pin tumbler mechanism—Specification

effect

Copy of these Standards are available for sale with the Bureau of Indian Standards, Manak Bhavan, 9 Bahadur Shah

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

Ahmedabad, Bangalore, Bhopal, Bhubaneshwar, Coimbatore, Guwahati, Hyderabad, Jaipur, Kanpur, Nagpur, Patna, Pune,

Thiruvananthapuram. On line purchase of Indian Standard can be made at :http//www.standardsbis.in.

[Ref. MED/G-2:1]

T. V. SINGH, Scientist 'F' & Head (Mechanical Engineering)

ubZ fnYyh] 25 flrEcj] 2013

dkñvkñ 2120.—Hkkjrh; ekud C;wjks fu;e 1987 ds fu;e 7 ds mifu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks ,rn~}kjk

vf/klwfpr djrk gS fd uhps vuqlwph esa fn, x, ekud¼dksa½ esa la'kks/ku fd;k x;k@fd, x, gSa%

vuqlwph

Øe

la'kksf/kr Hkkjrh; ekud dh

la'kks/ku dh la[;k vkSj

la'kks/ku ykxw gksus

la[;k

la[;k vkSj o"kZ

frfFk

dh frfFk

¼1½

¼2½

¼3½

¼4½

1-

vkbZ,l 1786 % 2008

la'kks/ku la[;k 2] tqykbZ 2013

16 flrEcj] 2013

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5727

bl la'kks/ku dh izfr;kWa Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj'kkg tQj ekxZ] ubZ fnYyh 110002] {ks=h; 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] iq.ks rFkk fr:ouUrkiqje esa fcØh gsrq miyC/k gSaA

[lanHkZ lhbZMh@jkti=]

tsñ jkW; pkS/kjh] oSKkfud ^,Q* ,oa izeq[k ¼flfoy bathfu;jh½

New Delhi, the 25th September, 2013

S.O. 2120.—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 gven in the

Schedule hereto annexed have been issued:

SCHEDULE

Sl. No.

No. and Year of the

No. and year of

Date from which the

Indian Standards

the amendment

amendment shall have effect

(1)

(2)

(3)

(4)

1.

IS 1786 : 2008

Amendment No. 2, July, 2013

16 September, 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 at New Delhi, Kolkata, Chandigarh, Chennai, Mumbai and also Branch

Offices: Ahmedabad, Bangalore, Bhopal, Bhubaneshwar, Coimbatore, Guwahati, Hyderabad, Jaipur, Kanpur, Nagpur, Patna,

Pune, Thiruvananthapuram.

[Ref. CED/Gazette]

J. ROY CHOWDHURY, Scientist 'F' & Head (Civil Engg.)

ubZ fnYyh] 25 flrEcj] 2013

dkñvkñ 2121.—Hkkjrh; ekud C;wjks fu;e 1987 ds fu;e 7 ds mifu;e ¼1½ ds [kaM ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks ,rn~}kjk

vf/klwfpr djrk gS fd ftu Hkkjrh; ekudksa ds fooj.k uhps vuqlwph esa fn, x, gSa os LFkkfir gks x, gSa%

Øe

LFkkfir Hkkjrh; ekud¼dksa½ dh la[;k o"kZ

u;s Hkkjrh; ekud }kjk vfrØfer

LFkkfir gksus dh frfFk

la[;k

vkSj 'kh"kZd

Hkkjrh; ekud vFkok ekudksa] ;fn dksbZ

gks] rks la[;k vkSj o"kZ

¼1½

¼2½

¼3½

¼4½

1-

vkbZ,l 6410 % 2013 pqacdh; nks"k

vkbZ,l 6410 %1991 pqacdh; nks"k

31 vxLr] 2013

fudkyus dh L;kgh vkSj ikmMj&fof'kf"V

fudkyus dh L;kgh vkSj ikmMj&

¼nwljk iqujh{k.k½

fof'k"V ¼igyk iqujh{k.k½

2-

vkbZ,l 15987 % 2013 la?kV&bZdks rduhdh

—

31 vxLr] 2013

dk iz;ksx djds daØhV lajpukvksa dh

vfouk'kh ijh{k.k gsrq&vuq'kaflr jhfr

bu Hkkjrh; ekudksa dh izfr;kWa Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj'kkg tQj ekxZ] ubZ fnYyh&110002] {ks=h; 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] iq.ks rFkk fr:ouUrkiqje esa fcØh gsrq miyC/k gSaA

[lanHkZ ,eVhMh 21@Vh&28 ,oa 77]

ihñ ?kks"k] oSKkfud ^,Q* ,oa izeq[k ¼,eVhMh½

New Delhi, the 25th September, 2013

S.O. 2121.—In pursuance of clause (b) of sub-rule (1) of Rules (1) of Rule 7 of the Bureau of Indian Standards Rules,

1987, the Bureau of Indian Standards hereby notifies that the Indian Standards, particulars of which are gven in the

Schedule hereto annexed have been established on the date indicated against each:

5728

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

SCHEDULE

Sl.

No. & Year of the Indian

No. & Year of Indian

Date of Establishment

No.

Standards Established

Standards, if any, Superseded by

the New Indian Standard

(1)

(2)

(3)

(4)

1.

IS 6410 : 2013 Magnetic flaw detection

IS 6410 : 1991 Specification

31 August, 2013

inks and powders—Specification

for magnetic flaw detection

(second revision)

inks and powders (first revision)

2.

IS 15987 : 2013 Non-destructive testing

—

31 August, 2013

of concrete structures using impact-

echo technique—Recommended

Practice

Copy of this Standard 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, Thiruvananthapuram.

[Ref. MTD 21/T-28 & 77]

P. GHOSH, Scientist 'F' & Head (MTD)

dks;yk ea=ky;

ubZ fnYyh] 25 flrEcj] 2013

dkñvkñ 2122.—dsUnzh; ljdkj dks ;g izrhr gksrk gS fd] blls mikc) vuqlwph esa mfYyf[kr Hkwfe esa dks;yk vfHkizkIr fd, tkus dh laHkkouk gS(

mDr vuqlwph esa of.kZr Hkwfe ds vUrxZr vkus okys {ks= ds C;kSjs js[kkad la[;kad ,lbZlh,y@ch,lih@th,e ¼ih,yth½@Hkwfe 438] rkjh[k] 22

Qjojh] 2013 dk fujh{k.k dysDVj] ftyk vuqiiqj ¼e/; izns'k½ ds dk;kZy; esa ;k dks;yk fu;a=d] 1] dkmafly gkÅl LVªhV] dksydkrk&700001 ds

dk;kZy; esa ;k lkÅFk bZLVuZ dksyQhYM~l fyfeVsM ¼jktLo vuqHkkx½] lhir jksM] fcykliqj&495006 ¼NÙkhlx<½+ ds dk;kZy; esa fd;k tk ldrk gSA

vr% vc] dsUnzh; ljdkj] dks;yk /kkjd {ks= ¼vtZu vkSj fodkl½ vf/kfu;e] 1957 ¼1957 dk 20½ ¼ftls blesa blds i'pkr~ mDr

vf/kfu;e dgk x;k gS½ dh /kkjk 4 dh mi/kkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] mDr vuqlwph esa of.kZr Hkwfe ls dks;ys dk iwosZ{k.k djus

ds vius vk'k; dh lwpuk nsrh gSA

mijksDr vuqlwph esa of.kZr Hkwfe esa fgrc) dksbZ O;fDr] bl vf/klwpuk ds jkti= esa izdk'ku dh rkjh[k ls uCcs fnu dh vof/k ds Hkhrj

Hkjlk/kd vf/kdkjh ;k foHkkxk/;{k ¼jktLo½ lkÅFk bZLVuZ dksyQhYM~l fyfeVsM] lhir jksM] fcykliqj&495006 ¼NÙkhlx<+½ ls]&

(i) mDr vf/klwpuk dh /kkjk 4 dh mi&/kkjk ¼3½ ds v/khu dh xbZ fdlh dkjZokbZ ls gqbZ ;k lEHkor% gksus okyh fdlh {kfr ds fy,

vf/kfu;e dh /kkjk 6 ds v/khu izfrdj dk nkok dj ldsxk( ;k

(ii) mDr vf/kfu;e dh /kkjk 13 dh mi&/kkjk ¼1½ ds v/khu iwosZ{k.k vuqKfIr;ksa ds izHkkoghu gksus ds laca/k esa ;k mDr vf/kfu;e dh

/kkjk 13 dh mi&/kkjk ¼4½ ds v/khu [kuu iV~Vs izHkkoghu gksus ds fy, izfrdj dk nkok dj ldsxk vkSj mls mDr vf/kfu;e dh /kkjk

13 dh mi/kkjk ¼1½ ds [kaM (i) ls (iv) esa fofufnZ"V enksa dh ckcr mixr O;; dks minf'kZr djus ds fy, iwoksZDr Hkwfe ls lacaf/kr lHkh

ekufp=ksa] pkVks± vkSj vU; nLrkosatks dks ifjnÙk dj ldsxkA

vuqlwph

lkseuk Hkwfexr [kku] glnso {ks=

ftyk & vuqiiqj] e/; izns'k

¼js[kkad la[;kad ,lbZlh,y@ch,lih@th,e¼ih,yth@Hkwfe@438] rkjh[k 22 Qjojh] 2013½

Øe

xzke dk uke

cankscLr la[;k

iVokjh gYdk

rglhy

ftyk

{ks= gsDVj

fVIif.k;ka

la-

la[;k

esa

1-

yksgljk

929

43

dksrek

vuqiiqj

14-893

Hkkx

2-

Hkxrk

769

43

dksrek

vuqiiqj

40-014

Hkkx

dqy%&54]907 gsDVj ¼yxHkx½ ;k 135-68 ,dM+ ¼yxHkx½

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5729

lhek o.kZu%

d&[k

js[kk xzke Hkxrk&yksgljk ds lfEefyr lhek esa fcUnq ^d* ls vkjaHk gksrh gS vkSj xzke Hkxrk ds nf{k.kh Hkkx ls gksdj xqtjrh gqbZ

fcUnq ^[k* ij feyrh gSA

[k&x

js[kk xzke Hkxrk ds nf{k.kh Hkkx ls gksdj xqtjrh gqbZ xzke Hkxrk&yksgljk ds lfEefyr lhek esa fcUnq ^x* ij feyrh gSA

x&?k

js[kk xzke yksgljk ds mÙkjh Hkkx ls gksdj xqtjrh gqbZ fcUnq ^?k* ij feyrh gSA

?k&d

js[kk xzke yksgljk ds mÙkjh Hkkx ls gksdj xqtjrh gqbZ vkjafHkd fcUnq ^d* ij feyrh gSA

[Qkñ lañ 43015@03@2013&ihvkjvkbZMCY;w&I]

ohñ ,lñ jk.kk] voj lfpo

MINISTRY OF COAL

New Delhi, the 25th September, 2013

S.O. 2122.—Whereas it appears to the Central Government that coal is likely to be obtained from the land in the

locality mentioned in the Schedule annexed hereto;

And whereas the plan bearing number SECL/BSP/GM (PLG)/LAND/438, dated the 22nd February, 2013 containing

details of the area of land described in the said Schedule may be inspected at the office of the Collector, District Anuppur

(Madhya Pradesh) or at the office of the Coal Controller, 1, Council House Street, Kolkata-700001 or at the office of the

South Eastern Coalfields Limited (Revenue Section), Seepat Road, Bilaspur-495006 (Chhattisgarh).

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 4 of the Coal Bearing Areas

(Acquisition and Development) Act, 1957 (20 of 1957), (hereinafter referred to as the said Act), the Central Government

hereby gives notice of its intention to prospect for coal in the land described in the aforesaid Schedule.

Any person interested in the land described in the above mentioned Schedule may—

(i) claim compensation under section 6 of the said Act for any damage caused or likely to be caused by any action

taken under sub-section (3) of section 4 thereof; or

(ii) claim compensation under sub-section (1) of section 13 of the said Act in respect of prospecting license ceasing

to have effect or under sub-section (4) of section 13 of the said Act for mining lease ceasing to have effect and

deliver all maps, charts and other documents relatintg to the aforesaid land to show the expenditure incurred in

respect of items specified in clauses (i) to (iv) of sub-section (1) of section 13 of the said Act,

to the Officer-in-Charge or Head of the Department (Revenue), South Eastern Coalfields Limited, Seepat Road, Bilaspur-

495006 (Chhattishgarh) within ninety days from the date of publication of this notification in the Official Gazette.

SECHEDULE

Somna U/g Mine, Hasdeo Area

District: Anuppur, Madhya Pradesh

(Plan bearing number SECL/BSP/GM (PLG)/LAND/438, dated the 22nd February, 2013)

Sl.

Name

Settlement

Patwari

Tahsil

District

Area in

Remarks

No.

of

number

halka

hectares

village

number

1.

Lohsara

929

43

Kotma

Anuppur

14.893

Part

2.

Bhagta

769

43

Kotma

Anuppur

40.014

Part

Total: 54.907 hectares (appromixately) or 135.68 acres (approximately)

Boundary description:—

A-B

Line starts from point 'A' on the common boundary of villages Bhagta-Lohsara and passes through south-

ern part of village Bhagta and meets at point 'B'.

B-C

Line passes through southern part of village Bhagta and meets at point 'C' on the common boundary of

villages Bhagta-Lohsara.

5730

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

C-D

Line passes through northern part of village Lohsara and meets at point 'D'.

D-A

Line passes through northern part of village Lohsara and meets at starting point 'A'.

[F. No. 43015/03/2013-PRIW-I]

V. S. RANA, Under Secy.

vkns'k

ubZ fnYyh] 27 flrEcj] 2013

dkñvkñ 2123.—dks;yk /kkjd {ks= ¼vtZu vkSj fodkl½ vf/kfu;e] 1957 ¼1957 dk 20½ ¼ftls blesa blds i'pkr~ mDr vf/kfu;e

dgk x;k gS½ dh /kkjk 9 dh mi/kkjk ¼1½ ds v/khu tkjh Hkkjr ds jkti=] Hkkx II, [kaM 3] mi[kaM (ii), rkjh[k 20 vDrwcj] 2012 esa izdkf'kr Hkkjr

ljdkj ds dks;yk ea=ky; dh vf/klwpuk dkñvkñ la[;kad 3186] rkjh[k 16 vDrwcj] 2012 ij mDr vf/klwpuk ls layXu vuqlwph esa of.kZr Hkwfe

esa ;k ,slh Hkwfe ¼ftls blesa blds i'pkr~ mDr vf/kfu;e dgk x;k gS½] ij ds lHkh vf/kdkj] mDr vf/kfu;e dh /kkjk 10 dh mi/kkjk ¼1½ ds

v/khu] lHkh foYyaxeksa ls eqDr gksdj] vkR;afrd :i esa dsUnzh; ljdkj esa fufgr gks x, Fks(

vkSj] dsUnzh; ljdkj dk ;g lek/kku gks x;k gS fd osLVuZ dksyQhYM~l fyfeVsM] ukxiqj ¼ftls blesa blds i'pkr~ ljdkjh daiuh dgk x;k

gS½] ,sls fuca/kuksa vkSj 'krksZa dk vuqikyu djus ds fy, jtkean gS] tks dsUnzh; ljdkj bl fufeÙk vf/kjksfir djuk mfpr le>s(

vr% vc] dsUnzh; ljdkj] mDr vf/kfu;e dh /kkjk 11 dh mi/kkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] ;g funs'k nsrh gS fd mDr

Hkwfe vkSj bl izdkj fufgr Hkwfe esa ;k ml ij ds lHkh vf/kdkj rkjh[k 20 vDrwcj] 2012 ls dsUnzh; ljdkj esa bl izdkj fufgr cus jgus ds ctk,]

fuEufyf[kr fuca/kuksa vkSj 'krks± ds v/khu jgrs gq,] ljdkjh daiuh esa fufgr gks tk,axs] vFkkZr~—

1- ljdkjh daiuh mDr vf/kfu;e ds mica/kksa ds v/khu ;Fkk vo/kkfjr izfrdj] C;kt] uqDlkfu;ksa vkSj oSlh gh enksa dh ckcr~ fd, x, lHkh

lank;ksa dh dsUnzh; ljdkj dks izfriwfrZ djsxh(

2- 'krZ ¼1½ ds v/khu ljdkjh daiuh }kjk dsUnzh; ljdkj dks lans; jdeksa dk vo/kkj.k djus ds iz;kstuksa ds fy, mDr vf/kfu;e dh

/kkjk 14 ds v/khu ,d vf/kdj.k dk xBu fd;k tk,xk vkSj ,sls fdlh vf/kdj.k dh lgk;rk ds fy, fu;qDr O;fDr;ksa ds laca/k esa mixr lHkh

O;;] ljdkjh daiuh }kjk ogu fd, tk,axs vkSj bl izdkj fufgr mDr Hkwfe esa ;k ml ij ds vf/kdkjksa ds fy, ;k muds laca/k esa tksfd vihy vkfn

lHkh fof/kd dk;Zokfg;ksa dh ckcr~ mixr] lHkh O;; Hkh] ljdkjh daiuh }kjk ogu fd, tk,axs(

3- ljdkjh daiuh] dsUnzh; ljdkj ;k mlds in/kkfj;ksa dh] ,sls fdlh vU; O;; ds laca/k esa {kfriwfrZ djsxh] tks bl izdj fufgr mDr Hkwfe

esa ;k ml ij ds vf/kdkjksa ds ckjs esa] dsUnzh; ljdkj ;k mlds in/kkfj;ksa }kjk ;k muds fo:) fdUgha dk;Zokfg;ksa ds laca/k esa vko';d gks(

4- ljdkjh daiuh dks dsUnzh; ljdkj ds iwoZ vuqeksnu ds fcuk mDr Hkwfe dks fdlh vU; O;fDr dks varfjr djus dh 'kfDr ugha gksxh( vkSj

5- ljdkjh daiuh] ,sls funs'kksa vkSj 'krksZa dk ikyu djsxh] tks dsUnzh; ljdkj }kjk] tc dHkh vko';d gks] mDr Hkwfe ds fof'k"V {ks=ksa ds

fy, fn, tk,a ;k vf/kjksfir fd, tk,aA

[Qkñ lañ 43015@36@2009&ihvkjvkbZMCY;w&I]

ohñ ,lñ jk.kk] voj lfpo

ORDER

New Delhi, the 27th September, 2013

S.O. 2123.—Whereas on the publication of the notification of the Government of India in the Ministry of Coal,

number S.O. 3186, dated the 16th October, 2012, in the Gazette of India, Part-II, Section 3, Sub-Section (ii), Dated the 20th

October, 2012, issued under sub-section (1) of section 9 of the Coal Bearing Areas (Acquisition and Development) Act, 1957

(20 of 1957) (Hereinafter referred to as the said Act), the land and the rights in or over the land described in the Schedule

appended to the said notification (hereinafter referred to as the said land) vested absolutely in the Central Government free

from all encumbrances under sub-section (1) of section 10 of the said Act;

And whereas the Central Government is satisfied that the Western Coalfields Limited, Nagpur (hereinafter referred to

as the Government company) is willing to comply with such terms and conditions as the Central Government thinks fit to

impose in this behalf.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 11 of the said Act, the Central

Government hereby direct that the said land and the rights in or over the said land so vested, shall, with effect from

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5731

20th October, 2012, instead of continuing to so vest in the Central Government, vest in the Government company, subject

to the following terms and conditions, namely:—

1. the Government company shall reimburse to the Central Government all payments made in respect of compensation,

interest, damages and the like, as determined under the provisions of the said Act;

2. a Tribunal shall be constituted under section 14 of the said Act, for the purpose of determining the amounts

payable to the Central Government by the Government company under conditions (1), and all expenditure incurred in

connection with any such Tribunal and persons appointed to assist the said Tribunal shall be borne by the Government

company and similarly, all expenditure incurred in respect of all legal proceedings like appeals, etc. for or in connection with

the rights in or over the said land, so vested, shall also be borne by the Government company;

3. the Government company shall indemnify the Central Government or its officials against any other expenditure

that may be necessary in connection with any proceedings by or against the Central Government or its officials regarding

the rights in or over the said land so vested;

4. the Government company shall have no power to transfer the land and the right in or over the said land so vested,

to any other person without the prior approval of the Central Government; and

5. the Government company shall abide by such direction and conditions as may be given or imposed by the Central

Government for particular areas of the said land as and when necessary.

[F. No. 43015/36/2009-PRIW-I]

V. S. RANA, Under Secy.

isVªksfy;e vkSj izkd`frd xSl ea=ky;

ubZ fnYyh] 30 flrEcj] 2013

dkñvkñ 2124.—l{ke izkf/kdkjh] isVªksfy;e vkSj [kfut ikbiykbZu ¼Hkwfe esa mi;ksx ds vf/kdkj dk vtZu½ vf/kfu;e] 1962 ¼1962

dk 50½ dh /kkjk 17 ds v/khu fojfpr isVªksfy;e vkSj [kfut ikbiykbZu ¼Hkwfe esa mi;ksx dk vf/kdkj dk vtZu½ fu;e] 1963 ds fu;e 4 ds

mifu;e ¼1½ ds ijarqd ds vuqlj.k esa] xsy ¼bf.M;k½ fyfeVsM ds ijke'kZ ls ftlesa] ;FkkfLFkfr] ml {ks= esa Hkwfe esa mi;ksx dk vf/kdkj fufgr

fd;k x;k gS ;k ml {ks= esa ikbiykbZu dk LokfeRo fufgr gS] uhps lkj.kh ds LrEHk 8 esa ;Fkk mfYyf[kr iatkc jkT; ds cokuk&uaxy vkSj Lij

ikbiykbZu ifj;kstuk ds ek/;e ls ikbiykbZu fcNk;s tkus ds izpkyu dh lekfIr dh rkjh[k ?kksf"kr djrk gSA

vuqlwph

/kkjk 3¼1½ ds v/khu vf/klwpuk

/kkjk 6¼1½ ds v/khu vf/klwpuk

Øe

xkao dk uke

rkyqdk@rglhy

jkti= esa

dkñvkñ la[;k

jkti= esa

dkñvkñ la[;k

dk;Z dh

lañ

izdk'ku dk

vkSj fnukad

izdk'ku dk

vkSj fnukad

lekfIr dk

fnukad

fnukad

fnukad

1

2

3

4

5

6

7

8

1-

/kex<+&1

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

2-

yksglhcyh

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

3-

leliqj

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

4-

mrlj

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

5732

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

5-

tM exksyh

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

fnlEcj&11

14-07-2009

3-12-2009

6-

xksfonx<+

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

fnlEcj&11

14-07-2009

3-12-2009

7-

deh dyk

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

8-

ihiy e?kksyh

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

9-

dkcqyiqj

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

vDrwcj&11

14-07-2009

3-12-2009

10-

Qjhniqj

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

vDrwcj&11

14-07-2009

3-12-2009

11-

lkgy

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

12-

ypoku

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

13-

/kex<+&2

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

14-

lqgkjh

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

ekpZ&12

14-07-2009

3-12-2009

15-

esgek

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

16-

[ksjiqj tVku

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

17-

[kSjh xfM;ka

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

ekpZ&12

14-07-2009

3-12-2009

18-

xkthiqj

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

ekpZ&12

14-07-2009

3-12-2009

19-

t[kjku

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

20-

c<ksyh xqtjku

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

21-

xksikyiqj

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

ekpZ&12

14-07-2009

3-12-2009

22-

icjh

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

ekpZ&12

14-07-2009

3-12-2009

23-

r[krw ektjk

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

ekpZ&12

14-07-2009

3-12-2009

1

2

3

4

5

6

7

8

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5733

24-

lsgjk

jktiqjk

14-07-2009

1738¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

25-

Nysjh dyk

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

26-

gluiqj Nysjh [kqnZ

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

27-

dksVyk tVku

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

28-

ewysiqj

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

29-

itkSyk

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

30-

ufyuk dyk

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

31-

ujsuiqj ,fy;kl

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

pksjokyk

14-07-2009

3-12-2009

32-

:M+dh

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

33-

c<ksNh dyk

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

34-

iMjyh

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

35-

[kjk

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

uoacj&11

14-07-2009

3-12-2009

36-

ehjiqj

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

37-

fl/kqou

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

38-

lqUnjiqj

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

39-

tkgyk

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

40-

Hkaojklh tsj

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

41-

[kSjh

Qrsgx<+ lkfgc

14-07-2009

1739¼E½

3-12-2009

3096¼E½

uoacj&11

14-07-2009

3-12-2009

42-

cknyh

veyksg

14-07-2009

1739¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

1

2

3

4

5

6

7

8

5734

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

43-

c:xk tsj

veyksg

14-07-2009

1739¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

44-

c:xk cysUn

veyksg

14-07-2009

1739¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

45-

lksurh

veyksg

14-07-2009

1739¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

46-

tykyiqj

veyksg

14-07-2009

1739¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

47-

lSfy;kuh

veyksg

14-07-2009

1739¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

48-

[kqekuk

veyksg

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

49-

'kkgiqj

veyksg

14-07-2009

1739¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

50-

lykuk

veyksg

14-07-2009

1739¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

51-

[krjk

[kUuk

14-07-2009

1740¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

52-

ck?kj

[kUuk

14-07-2009

1740¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

53-

ektjh

[kUuk

14-07-2009

1740¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

54-

jlwyjk

[kUuk

14-07-2009

1740¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

55-

bdksykgk

[kUuk

14-07-2009

1740¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

56-

bdksykgh

[kUuk

14-07-2009

1740¼E½

3-12-2009

3096¼E½

ekpZ&12

14-07-2009

3-12-2009

57-

HkkeM+h

[kUuk

14-07-2009

1740¼E½

3-12-2009

3096¼E½

ekpZ&12

14-07-2009

3-12-2009

58-

?kq?kjkyh

[kUuk

14-07-2009

1740¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

59-

vlxjhiqj

[kUuk

14-07-2009

1740¼E½

3-12-2009

3096¼E½

vizSy&12

14-07-2009

3-12-2009

60-

jk;iqj

[kUuk

14-07-2009

1740¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

61-

ektjh

ik;y

14-07-2009

1740¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

1

2

3

4

5

6

7

8

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5735

62-

cjekyhiqj

ik;y

14-07-2009

1740¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

63-

fc'kuiqjk

ik;y

14-07-2009

1740¼E½

3-12-2009

3096¼E½

Qjojh&12

14-07-2009

3-12-2009

64-

dnksu

ik;y

14-07-2009

1740¼E½

3-12-2009

3096¼E½

fnlacj&11

14-07-2009

3-12-2009

65-

pudksb;u [kqn

ik;y

14-07-2009

1740¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

66-

nhiuxj

ik;y

14-07-2009

1740¼E½

3-12-2009

3096¼E½

tuojh&12

14-07-2009

3-12-2009

[Qkñ lañ ,y&14014@26@’12&thñihñ]

,lñ ihñ vxzoky] voj lfpo

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 30th September, 2013

S.O. 2124.—In pursuance of the proviso to sub-rule (i) of rule 4 of the Petroleum and Minerals Pipelines (Acquisi-

tion of Right of User in Land) Rules, 1963, framed under section 17 of the Petroleum and Minerals Pipelines (Acquisition of

Right of User in Land) Act, 1962 (50 of 1962), the Competent Authority, GAIL (India) Limited with whom the right of user in

the land in that area has been vested or ownership of the pipeline in that area vests as the case may be, hereby declares the

date of termination of operation of laying Bawana-Nangal & spur pipeline project in Punjab as mentioned in column-8 of the

Schedule below, namely:—

SCHEDULE

Notification Under section 3(1)

Notification Under section 6(1)

Date of

Date of

Date of

Sr. No. Village Name

Tehsil

Publication of

S.O. No. &

Publication of

S.O. No.

Termination of

Gazette

Date

Gazette

Dated

Opeations

1

2

3

4

5

6

7

8

1.

Dharmgarh-1

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

2.

Nasimli

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

3.

Samaspur

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

4.

Untsar

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

5.

Jand Mangoli

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

December-11

14.07.2009

3.12.2009

6.

Gobindgarh

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

December-11

14.07.2009

3.12.2009

7.

Kami Kalan

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

1

2

3

4

5

6

7

8

5736

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

8.

Pipal Mangholi

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

9.

Kabulpur

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

October-11

14.07.2009

3.12.2009

10.

Faridpur

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

October-11

14.07.2009

3.12.2009

11.

Sahal

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

12.

Lochman

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

13.

Dharmgarh-2

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

14.

Suharo

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

March-12

14.07.2009

3.12.2009

15.

Mehma

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

16.

Khairpur Jattan

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

17.

Kheri Gadian

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

March-12

14.07.2009

3.12.2009

18.

Gazipur

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

March-12

14.07.2009

3.12.2009

19.

Jakhran

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

20.

Badholi Gujjran

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

21.

Gopalpur

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

March-12

14.07.2009

3.12.2009

22.

Pabri

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

March-12

14.07.2009

3.12.2009

23.

Takhtu Majra

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

March-12

14.07.2009

3.12.2009

24.

Sehra

Rajpura

14.07.2009

1738(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

25.

Chhalari Kalan

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

26.

Husianpur

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

Chhalari Khurd

14.07.2009

3.12.2009

27.

Kotla Jattan

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

1

2

3

4

5

6

7

8

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5737

28.

Mullepur

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

29.

Panjola

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

30.

Nalina Kalan

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

31.

Chuharwala

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

32.

Rurki

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

33.

Bari Badochi

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

34.

Pandrali

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

35.

Khara

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

November-11

14.07.2009

3.12.2009

36.

Mirpur

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

37.

Sidhuwan

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

38.

Sunderpura

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

39.

Jahla

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

40.

Bhamarasi Zer

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

41.

Kheri

Fatehgarh Sahib 14.07.2009

1739(E)

3.12.2009

3096(E)

November-11

14.07.2009

3.12.2009

42.

Badali

Amloh

14.07.2009

1739(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

43.

Barunga Zer

Amloh

14.07.2009

1739(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

44.

Barunga Baland

Amloh

14.07.2009

1739(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

45.

Saunti

Amloh

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

46.

Jalalpur

Amloh

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

47.

Saliani

Amloh

14.07.2009

1739(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

1

2

3

4

5

6

7

8

5738

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

48.

Khumana

Amloh

14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

49.

Shahpur

Amloh

14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

50.

Salana

Amloh

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

51.

Khatra

Khanna

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

52.

Baghaur

Khanna

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

53.

Majri

Khanna

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

54.

Rasulra

Khanna

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

55.

Ikolaha

Khanna

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

56.

Ikolahi

Khanna

14.07.2009

1739(E)

3.12.2009

3096(E)

March-12

14.07.2009

3.12.2009

57.

Bhamadi

Khanna

14.07.2009

1739(E)

3.12.2009

3096(E)

March-12

14.07.2009

3.12.2009

58.

Ghungrali

Khanna

14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

59.

Majri

Payal

14.07.2009

1739(E)

3.12.2009

3096(E)

April-12

14.07.2009

3.12.2009

60.

Asgaripur

Khanna

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

61.

Raipur

Khanna

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

62.

Barmali Pur

Payal

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

63.

Bishanpura

Payal

14.07.2009

1739(E)

3.12.2009

3096(E)

February-12

14.07.2009

3.12.2009

64.

Kadon

Payal

14.07.2009

1739(E)

3.12.2009

3096(E)

December-11

14.07.2009

3.12.2009

65.

Chankoean Khurd

Payal

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

66.

Deepnagar

Payal

14.07.2009

1739(E)

3.12.2009

3096(E)

January-12

14.07.2009

3.12.2009

[F. No. L-14014/26/’12-G..P.]

S. P. AGARWAL, Under Secy.

1

2

3

4

5

6

7

8

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5739

Je ,oa jkstxkj ea=ky;

ubZ fnYyh] 30 vxLr] 2013

dkñvkñ 2125.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj tujy eSustj]

,uñVhñihñlhñ nknjh ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa

ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k uañ 1] ubZ fnYyh ds iapkV ¼lanHkZ la[;k

74@2012½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 23@08@2013

dks izkIr gqvk FkkA

[lañ ,y&42011@27@2012&vkbZvkj ¼Mh;w½]

lkse ukFk] vuqHkkx vf/kdkjh

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 30th August, 2013

S.O. 2125.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 74/2012)

of the Central Govt. Indus. Tribunal-cum-Labour Court No.

1, New Delhi as shown in the Annexure, in the industrial

dispute between the General Manager, NTPC, Dadri and

their workman, which was received by the Central

Government on 23.08.2013.

[No. L-42011/27/2012-IR(DU)]

SOM NATH, Section Officer

ANNEXURE

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

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

NO. 1, KARKARDOOMA COURTS COMPLEX, DELHI

I.D. No. 74/2012

The General Secretary,

NTPC Employees Union,

Vidut Nagar, B-87,

Gautam Budh Nagar,

U.P.

...Workman

Versus

The General Manager,

NTPS, NTPC,

Vidut Nagar, Dadri,

Gautam Budh Nagar,

U.P.

...Management

AWARD

National Bipartite Committee (NBC) is the Apex Body,

consisting of workmen representatives from various projects

and stations of National Thermal Power Corporation (in

short the Corporation) and representatives of the

Corporation, for consultation and negotiation in respect of

issues pertaining to the employees of workmen category

working with the Corporation. Employees of workmen

category, working with the Corporation, are being paid

annual performance linked incentive known as annual

additional incentive and special reward, based on agreement

entered in NBC. Employees of executive category, working

with the Carporation, are also paid annual additional

incentive in accordance with the guidelines of Department

of Public Enterprises (in short DPE). The Corporation issued

circular dated 23.09.2006, applicable for year 2005-06 and

2006-07, for grant of annua1 productive incentive to the

employees of workmen category, based on agreement in

NBC. They were paid performance related payment,

performance linked bonus, incentive or additional incentive

for the year 2008-09 in terms of agreement arrived in NBC

while employees of executive category were paid such

benefits in terms of guidelines of DPE.

2. Employees of executive categories of the

Corporation received higher amount relating to performance

related payment, performance linked bonus, incentive or

additional incentive in comparison to the employees of

workmen category from year 2007 and onwards. NTPC

Employees Union (hereinafter referred to as the union)

raised a dispute claiming that discrimination meted out to

the employees of workmen category in the matter of

performance related payment, performarlce linked bonus,

incentive or additional incentive was uncalled for. The

union asserted that the employees of workmen categories

were entitled to above ex-gratia payments equal to the

employees of executive categories. This demand was not

conceded to by the Corporation. Aggrieved by that Act,

the union raised a dispute before the Concilation Officer.

Since Corporation 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-42011/27/2012/IR(DU), New

Delhi dated 25.04.2012 with following terms:

"Whether action of management in disbursing

productivity linked bonus exceeding statutory limit

of 20% of wages/salary earned during relevant year

is illegal and unjustified? If so, what relief the workmen

are entitled to?"

3. Corrigendum dated 18.06.2012, was issued by the

appropriate Government, modifying terms of reference as

follows:

"Whether the action of the management in disbursing

the performance related payment. (PRP) Performance

linked bonus/incentive/additional incentive to the

executive employees in higher proportion in

comparison to that of non-executive employees from

the years 2007 onwards are illegal and unjustified? If

so, what relief the workmen are entitled to?"

5740

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

4. Claim statement was filed by the union pleading

therein that it is a recognized representative union for and

on behalf of employees of the Corporation. The union

works to promote industrial peace and harmony as well as

to safeguard and protect interest of the workers from

exploitation and anti labour policies of the Corporation.

The Corporation used all unfair means concerning its

employees of workmen category. Based on performance,

the Corporation started paying productivity linked special

incentive from the year 1994, which incentive was given to

all employees (executive and non-executive) subject to

maxima of 20% of their salary/wages to be calculated @ of

Rs. 2500 per month for the purpose of the incentive. The

Corporation also introduced an annual performance linked

incentive scheme for all employees, executive as well as

non-executive, vide its circular dated 23.09.2006 applicable

from the year 2005-06, on the basis of percentage of basic

pay. All employees were paid performance linked incentive

@ 5% of basic pay, subject to minimum of Rs. 4000.00 for

2005-06. In the year 2007, the Corporation started payment

of annual additional incentive in higher proportion to the

executive employees than the employees of workmen

category. Employees of executive category were paid

annual additional incentive while employees of workmen

category were paid annual additional incentive plus special

reward. In the year 2008, employees of executive category

were paid annual additional incentive in much higher

proportion than employees of workmen category. Same

was the case in the year 2009 also.

5. The union presents that no transparency was

maintained by the Corporation, in the matter of payment of

additional incentives and performance related payments.

All these payments are profit sharing by the employees,

though nomenclature of payments have changed from time

to time. Discrimination in the matter of aforesaid payments,

made by the Corporation, is highly arbitrary, unjustified

and uncalled for. Payment of lesser amount to the

employees of workmen category than employees of

executive cadre is violative of provisions of Article 14, 15

and 16 of the Constitution. The Corporation cannot resort

to such discrimination. It has been claimed that employees

of workmen category are entitled to performance related

payments, performance linked bonus, incentive or

additional incentive equal in amount/proportion as being

paid to the employees of executive categories of the

Corporation. The union prays for an award in its favour in

that regard.

6. Claim was demurred by the Corporation pleading

that ex-gratia/special incentive are being paid to the

employees, limited to 20% basic pay (basic pay was limited

to ceiling specified in the Bonus Act, 1972) without any

legal obligation. Actual payment was based on performance,

assessed through productivity linked schemes and

agreements in NBC, on year to year basis. It has been

denied that the Corporation introduced annual performance

linked incentive scheme for its employees of executive and

non-executive category on percentage of basic pay. Annual

performance linked incentive scheme, circulated vide

circular dated 23.09.2006, was applicable for year 2005-06

and 2006-07, in accordance with agreement entered in NBC.

Employees of workmen category were paid special reward

based on the said agreement. The Corporation agreed to

pay suitable amount in addition to special reward, in view

of performance of its employees of workmen category.

Employees of executive category were given annual

additional incentive, based on guidelines of DPE. The

Corporation was well within its rights to decide performance

related payment to its employees, subject to total out go

remaining within 5% of distributable profit. Amount

disbursed to the employees of workmen category was much

more than maximum amount payable as bonus to the

employees covered under the provisions of the Payment

of Bonus Act, 1972. Performance related payment cannot

be claimed as a matter of right. There is no legal obligation

on the part of the Corporation to pay incentives, which are

paid as goodwill gesture. The Corporation assesses

performance of its employees of executive category,

through performance management system, for being eligible

for performance related payments. On the other hand,

employees of workmen category continue to receive special

reward, based on performance of the Corporation, as per

agreement in NBC. Besides, that they also receive annual

additional incentive as performance related payments.

7. Since performance related payment for employees

of executive category is decided in terms of guidelines of

DPE and performance rleated payment in case of workmen

is decided as per agreement in NBC, the union cannot agitate

that the methodology to calculate and disbursement of

those payments to various categories should be based on

one uniform standard. It does not lile in the mouth of the

union to claim parity of the employees of workmen category

with that of employees of executive category in the matter

of performance related payments.

8. The Corporation agitates that performance related

payments are being made to the employees of workmen

category in terms of agreement in NBC, which is the apex

body for consultation and negotiation in respect of issues

relating to the employees of workmen category. The union,

which represents a very small proportion of workmen

strength of the Corporation, cannot challenge issues

settled/decided through agreements in NBC. The union

has no locus standi to challenge terms of agreement entered

into in NBC for the year 2007 and onwards. On the other

hand the union is bound by the agreements arrived at in

NBC for the year 2007 and onwards. When performance

related payments to the employee of executive category

were decided in terms of guidelines of DPE, the Corporation

shared these facts with the union representatives in NBC.

The union now raises frivolous issues through the present

claim statement. The Corporation asserts that there is no

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5741

violation of provisions of Article 14, 15 and 16 of the

Constitution. Claim put forward merits dismissal. A prayer

has been made that an award may be passed in favour of

the Corporation and against the union.

9. Charts of performance related payments, filed by

and on behalf of the workmen, were admitted by the

Corporation during the course of admission and denial.

These charts are Ex.W1 to W6.

10. When the Corporation admitted aforesaid charts,

it came to light there was no dispute between the parties

on facts. Hence, parties were not called upon to lead their

respective evidence in the matter.

11. During the course of arguments, Shri Om Prakash

Gupta, authorised representative of the union, made a

statement on oath that the union does want to press for

the reliefs claimed in the claim petition. He claimed that

their claim statement may be discarded, while adjudicating

the dispute. According to him, after an award, the union

would like to approach the appropriate Government in case

exigencies permit it. Thus, out of statement made by Shri

Om Prakash Gupta, authorized representative of the union,

it is apparent that the union gives up its contest. It decided

to eat humble pie and await for an award. Resultantly, it is

evident that the union nowhere disputes factual proposition

raised by the Corporation in its written statement.

12. Out of facts pleaded by the Corporation, it came

to light that performance related incentives are given to

employees of workmen category in accordance with the

agreement in NBC. On the other hand, performance related

incentives are given to the employees of executive

categories based on guidelines of DPE. Assessment of

performance and grant of performance related payments

are based on different standards. Employees of executive

category had to undergo standards of assessment of their

performance on guidelines of DPE. Performance and

payment based there on, in the matter of employees of

workmen category, are assessed in terms of agreement in

NBC.

13. Whether employees of workmen category are

entitled to parity in the matter of performance related

payments? For an answer legal provisions are to be taken

into consideration. Equality before law and equal protection

of laws are fundamental rights of every person, ordains

Article 14 of the Constitution. The guiding principles laid

in Article 14 are that persons, who are similarly situated,

shall be treated alike both ill privileges conferred and

liability imposed, which means that amongst equals the

law should be equal and should be equally administered

and that like should be treated alike. Article 16 of the

Constitution guarantees equality of opportunities for all

citizens in matters relating to employment or appointment

to any office under the State. What is guaranteed is the

equality of opportunity. Like all other employers,

government is also entitled to pick and choose from amongst

a large number of candidates offering themselves for

employment. But the selection process must not be

arbitrary. The guarantee given by clause (a) of Article 16 of

the Constitution will cover (a) initial appointments (b)

promotions (c) termination of employment (d) and matters

relating to salary, periodical increments, leaves, gratuity,

pension, age of superannuation etc. Matters relating to

employment or appointments include all mattes in relations

to employment both prior and subsequent to the

employment which are incidental to the employment and

form part of the terms and conditions of such employment.

14. Fundamental rights guaranteed by Article 14

forbids class legislation, but does not forbid classification

or differentiation which rests upon reasonable ground of

discretion. Classification is the recognition of the relations,

and in making it the Government must be allowed a wide

latitude of discretion and judgment. In a way, the

consequences of such classification would undoubtedly

be to differentiate persons belonging to that class from

others. The classification must be founded on an intelligible

differentia which distinguishes persons or things that are

grouped together from others left out of the group and the

differentia must have a rational relation to the object sought

to be achieved. Classification may be made according to

the nature of persons, nature of business, and may be

based with reference to time.

15. Concept of equality guaranteed by Article 16 of

the Constitution is something more than formal equality

and enables the underprivileged groups to have a fair share

by having more than equal chance and enables the State to

give favoured treatment to those groups by achieving real

equality with reference to social needs. 'Protection

discrimination' enabled the State to adopt new strategy to

bring underprivileged at par with the rest of the society, by

providing all possible opportunities and incentives to them.

Therefore a class may be allowed to have preferential

treatment in the matter relating to employment or

appointment. There cannot be rule of equality between

members of separate and independent group of persons.

Persons can be classified in different groups, based on in

terms of nature of persons, nature of business and with

reference to time.

16. Non-executive employees of the Corporation are

a separate class in themselves. They are employees of the

category, who fall within the ambit of the definition of

workmen, as enacted by clause (s) of section 2 of the

Industrial Disputes Act, 1947. Workmen employees fall in

distinct and different category than employees of executive

category of the Corporation. Employees of executive

category have to perform mainly managerial or

administrative functions or they may have been employed

in supervisory capacity to perform functions mainly of

managerial in nature. Therefore, it is evident that employees,

5742

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

who fall in workmen category, are on a different pedestal

than the employees of executive category, who perform

mainly managerial or administrative functions or

supervisory functions. They are recruited through different

recruitment rules and their responsibilities cannot be similar.

Under these circumstances, I am constrained to conclude

that employees of the executive category of the Corporation

form a class distinct and different than the employees of

workmen category of the Corporation. The Corporation

has rightly made classifications in the matter of grant of

incentives to its executive and non-executive employees.

Unequals cannot claim equal treatment.

17. In view of the reasons detailed above, it is

apparent that the employees of the workmen category are

not entitled for payment of performance linked incentives

in parity with the employees of executive category. An

award is passed against the union and in favour of the

Corporation. It be sent to the appropriate Government for

publication.

Dated : 18-7-2013

Dr. R.K. YADAV, Presiding Officer

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New Delhi, the 30th August, 2013

S.O. 2126.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 232/

2011) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

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

dispute between the Director, All India Institute of Medical

Science and their workman, which was received by the

Central Government on 23.08.2013.

[No. L-42012/02/2011-IR(DU)]

SOM NATH, Section Officer

ANNEXURE

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

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

NO.1, KARKARDOOMA COURTS COMPLEX, DELHI

I.D.No.232/2011

Sh.Naresh Kumar,

S/o Sh.Dewan Chand,

H.No.834, VPO Bakner Thana,

Narela, Delhi – 110049.

Applicant…….

Versus

The Director

All India Institute of Medical Sciences,

Ansari Road, New Delhi – 110029.

Respondent…….

AWARD

A Sanitary Attendant, Grade-II, serving All India

Institute of Medical Sciences, New Delhi (hereinafter

referred to as the Institute) absented himself from his duties

in an unauthorized manner with effect from 01.01.2006. Letter

dated 27.04.2006 was sent to him, advising him to report for

duties immediately. He was also advised to submit medical

certificate in case of his illness and inability to report for

duties. The Sanitary Attendant opted not to comply with

the instructions, so issued, and continued to remain absent

from his duties in an unauthorized manner. Show cause

notice dated 29.05.2006 was issued, calling upon him to

explain as to why domestic action should not be initiated

against him, but to no avail. Charge sheet dated 17.07.2006

was served on him. He opted not to submit his written

statement of defence to the charge sheet, served on him.

The Institute appointed Enquiry Officer, who sent notice

to the Sanitary Attendant to join the enquiry proceedings.

On 03.10.2006, he appeared before the Enquiry Officer. On

subsequent dates, he abstained from taking part in the

enquiry proceedings. Considering these circumstances, he

was proceeded against ex-parte by the Enquiry Officer.

The Enquiry Officer submitted his report to the Disciplinary

Authority, who concurred with his findings. The

Disciplinary Authority forwarded a copy of report of the

Enquiry Officer to the Sanitary Attendant and called upon

him to make representation, if any, in writing, to that report.

He opted not to make any representation. Punishment of

removal/termination from service was awarded to him, vide

order dated 13.03.2007. Appeal preferred by the Sanitary

Attendant also came to be dismissed. He raised a demand

on the Institute for reinstatement in service, which was not

conceded to. Ultimately, he raised an industrial dispute

before the Conciliation Officer. Since the Institute contested

his claim, conciliation proceedings ended into a 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-42012/2/2011-IR(DU), New Delhi dated 25.05.2011,

with following terms:

“Whether action of the management of Director,

AIIMS, Delhi in terminating services of Shri Naresh

Kumar, Sanitary Assistant Grade II with effect from

13.03.2007 is legal and justified? If not, to what relief

the claimant is entitled to?”

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5743

2. Claim statement was filed by the Sanitary

Attendant, namely, Shri Naresh Kumar pleading therein

that he joined services of the Institute on 12.06.1986. He

rendered satisfactory service and gave no chance of

complaint to his employer. Neither charge sheet was served

upon him nor any reasons were assigned when his services

were orally terminated by the Institute on 13.03.2007. He

had rendered continuous service of 240 days in every

calendar year, as contemplated by the provisions of section

25-B of the Industrial Disputes Act, 1947 (in short the Act).

Provisions of section 25-F and 25-N of the Act were not

complied with. Neither one month’s notice nor pay in lieu

thereof and retrenchment compensation was paid to him.

After termination of his service, fresh recruitment was made.

No opportunity was given to him for re-employment, as

contemplated by provisions of section 25-H of the Act. He

claims reinstatement in service of the Institute with

continuity and full back wages.

3. Demurral was made by the Institute pleading that

the claimant remained absent from his duties in an

unauthorized manner since 01.01.2006. He had not got any

leave sanctioned when he absented from his duties. Vide

memo dated 27.04.2006, he was advised to report for duties

immediately, but in vain. Show cause notice dated 29.05.2006

was issued calling upon him to explain as to why domestic

action should not be initiated for his unauthorized absence

from duties. Charge sheet dated 17.07.2006 was sent to

him. Despite service of the charge sheet, he opted not to

reply it. Domestic enquiry was conducted against him in

accordance with principles of natural justice. He appeared

before the enquiry Officer on the first date of hearing, that

is on 03.10.2006 and thereafter, opted to abstain from the

enquiry proceedings. Enquiry, conducted against him, was

in consonance with the principles of natural justice. Report

of the enquiry was sent to him for his comments on the

same, but he opted to keep silence. Punishment of removal/

termination from service was awarded to him, vide order

dated 13.03.2007. The said order does not amount to

retrenchment within the meaning of section 2(oo) of the

Act. Provisions of section 25-F and 25-N of the Act had

not come into operation. Claim put forward by Shri Naresh

Kumar is liable to be dismissed, being devoid of merits.

4. On perusal of pleadings, following issues were

settled:

(1)

Whether enquiry conducted by the

management was just, fair and proper?

(2)

Whether punishment awarded to the claimant

is proportionate to his misconduct?

(3)

As in terms of reference.

5. On consideration of facts testified by the claimant

and those detailed by Shri A.M. Tewari, submissions made

by the parties and on perusal of record, issue relating to

virus of enquiry, which was treated as preliminary issue,

was answered in favour of the Institute and against the

claimant vide order dated 10.10.2012.

6. Arguments were heard at the bar. Shri T.S Rajput,

authorized representative, advanced arguments on behalf

of the claimant. Shri Karunesh Tandon, authorized

representative, made submissions on behalf of the Institute.

I have given my careful consideration to the arguments

advanced at the bar and cautiously perused the record.

My findings on issues involved in the controversy are as

follows:—

Issue No.2.

7. In order to assess as to whether punishment

imposed is proportionate to the misconduct of the claimant,

it is expedient to note charges levelled against him. Those

charges emerged out of the charge sheet dated 17.06.2005,

contents of which are reproduced thus:

“That the said Naresh Kumar, III, while functioning

as Sanitary Attendant, Grade I in this Institute has

been willfully and unauthorizedly absenting himself

from duty with effect from 01.01.2006 without

permission or sanction of leave by the competent

authority.

Shri Naresh Kumar III, Sanitary Attendant Grade II

was advised to report for duty immediately vide

office memo of even number dated 27.04.2006 but he

failed to comply with the orders and continued to

remain absent from duty unauthorizedly without

citing any valid reason. Shri Naresh Kumar III,

Sanitary Attendant Grade II was also advised that in

case he is sick, he should submit the medical certificate

from the GDMO (EHS) or civil surgeon of the area.

But the official failed to comply with these orders

and continues to be assent from duty unauthorizedly

without any valid reason and in gross violation of

orders. A show cause notice dated 29.05.2006 was

again issued to the official but in spite of that he

failed to report for duty till date.

Shri Naresh Kumar III, Sanitary Attendant Grade II,

has thus failed to maintain devotion to duty and is

not amenable to discipline and has acted in a manner

unbecoming of an Institute employee thereby

contravened Rule 3(1)(ii) and Rule 3(1)(iii) of the

CCS (Conduct) Rules 1964 as applicable to the

employees of the Institute.”

8. As projected above, the Enquiry Officer was

constrained to proceed with the mater ex-parte when

claimant opted to abstain from the enquiry proceedings.

He examined Shri S.P. Vashist and Smt. Neelam who were

produced before him by the Institute. He appreciated

evidence adduced before him, in the light of the documents

proved by the Institute. He recorded findings against the

claimant, relevant portion, of which is extracted thus:

5744

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

“As discussed in the foregoing paras, management

produced documentary evidence Exhibit M-1 to M-4

to prove the charge sheet that CSE was absenting

himself from duty with effect from 01.01.2006 without

prior permission or sanction of leave by the

competent authority (Exhibit M-1 to Exhibit M-3). He

was advised to report for duty by (Exhibit M-1 to

Exhibit M-3) but he did not report. He was also

advised that in case he was sick, he should submit

medical certificate but he did not comply (Exhibit M-1

to Exhibit M-3). All the management documents were

authenticated by management witnesses MW-1 and

MW-2. Management witness also supported the

management story fully. Thus, management proved

the charge as indicated in charge Annexure I. All

Reasonable opportunity was given to the CSE but

the CSE did not produce any evidence to disprove

the charge as indicated in foregoing paras.

Findings

Considering oral, documentary and circumstances

evidence as discussed above article of charge as

given in Annexure I of the charge sheet is considered

proved beyond doubt.”

9. Now an exercise would be undertaken to see as to

whether punishment is proportionate to the misconduct of

the claimant. Before adverting to the exercise, it would be

expedient to have a glance on the power of the industrial

adjudicator in that regard. Prior to introduction of section

11A of the Act, adjudicatory powers of the Tribunal were

articulated in Buckingham & Carnatak Company (1951 (2)

LLJ 314). Four standards were delineated by the Labour

Appellate Tribunal in the above case to render managerial

right of taking disciplinary action vulnerable, namely, (i)

where there is a want of bonafides or (ii) when it is a case of

victimization or unfair labour practice or violation of the

principles of natural justice, or (iii) when there is basic error

of facts, or (iv) when there has been a perverse finding on

the materials. This articulation was adopted by the Apex

Court with slight modification in Indian Iron and Steel

Company Limited (1958 (1) LLJ 260), without any

acknowledgement to the precedent in Buckingham &

Carnatic case (supra), wherein it was ruled that the power

of the management to direct its own internal administration

and discipline was not unlimited and liable to be interfered

with by industrial adjudicator when a dispute arises to see

whether termination of services of a workman is justified

and to give appropriate relief. However, it was announced

that the jurisdiction of an Industrial Tribunal to interfere

with the managerial prerogative of taking disciplinary action

is not of appellate nature as the legislature has not chosen

to confer such jurisdiction upon it. Hence Tribunal could

not substitute its own judgement for that of the

management. The Court laid down that in the following

circumstances an industrial adjudicator can interfere with

the disciplinary action taken by the employer : (1) when

there is want of good faith, (2) when there was victimization

or unfair labour practice, (3) when the management had

been guilty of a basic error or violation of the principles of

natural justice, or (4) when on the materials, the finding

was completely baseless or perverse.

10.Enunciation (1) and (2), referred above, are

addressed to the bona-fides of the employer in initiating

the action and inflicting the punishment, while postulates

(3) and (4) are addressed to domestic enquiry. Therefore,

an employer is required to act bona-fide in initiating

disciplinary action as well as in inflicting the punishment.

In initiating the action, the alleged act of misconduct should

not be a ruse for something else, such as the trade union

activities of the workman or employers dislike of him for

some personal reasons. The action should not be motivated

by vindictiveness or ulterior purpose, so as to smack for

victimization or unfair labour practice. Likewise in the matter

of inflicting punishment, the employer should act fairly. In

case punishment awarded is so shockingly

disproportionate to the act of the misconduct, as no

reasonable man would ever impose that itself may lead to

an inference of malafides, victimization or unfair labour

practice. In holding enquiry, the Enquiry Officer must

comply with the rules of natural justice. He must not be a

biased person and give reasonable opportunity to both

sides for being heard. His findings should not be baseless

or perverse.

11.In Ramswarth Sinha (1954 L.A.C. 697) the Labour

Appellate Tribunal recognized the right of the management

to ask for permission to adduce evidence before the Tribunal

to justify its action in a “no enquiry” case. Following that

proposition the Apex Court equated the cases of “defective

enquiry” with “no enquiry” cases and ruled that in either

cases, the Tribunal have jurisdiction to go into the merits

of the case on the basis of evidence adduced before it by

the parties. Reference can be made to the precedent in

Motipur Sugar Factory Pvt. Ltd. [1965 (2) LLJ 162] where

the employer had held no enquiry at all before the dismissal

and, therefore, adduced evidence to justify its action before

the Tribunal, which decision was upheld. The Apex Court

discarded the plea on behalf of the workman that since no

enquiry at all had been held by the employer, it had no right

to adduce evidence to justify its stand before the Tribunal.

In Ritz Theatre [1962 (II) LLJ 498] it was ruled by the Supreme

Court that the Tribunal would be justified to go to the

merits of the case and decide for itself on the basis of the

evidence adduced whether the charges have indeed been

made out. It announced that it would neither be fair to the

management nor fair to the workman himself in such a case

that the Tribunal should refuse to take the evidence and

thereby drive the management to pass through the whole

process of holding the enquiry all over again. Reference

can also be made to the precedent in Bharat Sugar Mills

Ltd. [1961 (11) LLJ 644].

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5745

12.In Delhi Cloth and General Mills Company [1972

(1) LLJ 180], Apex Court considered the catena of decisions

over the subject and laid down the following principles:

“(1) If no domestic enquiry had been held by the

management, or if the management makes it clear

that it does not rely upon any domestic enquiry that

may have been held by it, it is entitled to straightaway

adduce evidence before the Tribunal justifying its

action. The Tribunal is bound to consider that

evidence so adduced before it, on merits, and give a

decision thereon. In such a case, it is not necessary

for the Tribunal to consider the validity of the

domestic enquiry as the employer himself does not

rely on it.

(2) If a domestic enquiry had been held, it is open to

the management to rely upon the domestic enquiry

held by it, in the first instance, and alternatively and

without prejudice to its plea that the enquiry is proper

and binding, simultaneously adduce additional

evidence before the Tribunal justifying its action. In

such a case no inference can be drawn, without

anything more, that the management has given up

the enquiry conducted by it.

(3) When the management relies on the enquiry

conducted by it, and also simultaneously adduces

evidence before the Tribunal, without prejudice to

its plea that the enquiry proceedings are proper, it is

the duty of the Tribunal, in the first instance, to

consider whether the enquiry proceedings

conducted by the management, are valid and proper.

If the Tribunal is satisfied that the enquiry

proceedings have been held properly and are valid,

the question of considering the evidence adduced

before it on merits, no longer survives. It is only

when the holds that the enquiry proceedings have

not been properly held, that it derives jurisdiction to

deal with the merits of the dispute and in such a case

it has to consider the evidence adduced before it by

the management and decide the matter on the basis

of such evidence.

(4) When the domestic enquiry has been held by the

management and the management relies on the same,

it is open to the latter to request the Tribunal to try

the validity of the domestic enquiry as a preliminary

issue and also ask for an opportunity to adduce

evidence before the Tribunal, if the finding on the

preliminary issue is against the management.

However, elaborate and cumbersome the procedure

may be, under such circumstances, it is open to the

Tribunal to deal, in the first instance, as a preliminary

issue the validity of the domestic enquiry. If its

finding on the preliminary issue is in favour of the

management, then no additional evidence need be

cited by the management. But, if the finding on the

preliminary issue is against the management, the

Tribunal will have to give the employer an

opportunity to cite additional evidence and also give

a similar opportunity to the employee to lead evidence

contra, as the request to adduce evidence had been

made by the management to the Tribunal during the

course of the proceedings and before the trial has

come to an end. When the preliminary issue is

decided against the management and the latter leads

evidence before the Tribunal, the position, under

such circumstances, will be, that the management is

deprived of the benefit of having the finding of the

domestic tribunal being accepted as prima facie proof

of the alleged misconduct. On the other hand, the

management will have to prove, by adducing proper

evidence, that the workman is guilty of misconduct

and that the action taken by it is proper. It will not be

just and fair either to the management or to the

workman that the Tribunal should refuse to take

evidence and thereby ask the management to take a

further application, after holding a proper enquiry,

and deprive the workman of the benefit of the

Tribunal itself being satisfied, on evidence adduced

before it, that he was or was not guilty of the alleged

misconduct.

(5) The management has got a right to attempt to

sustain its order by adducing independent evidence

before the Tribunal. But the management should

avail itself of the said opportunity by making a

suitable request to the Tribunal before the

proceedings are closed. If no such opportunity has

been available of, or asked for by the management,

before the proceedings are closed, the employer can

make no grievance that the Tribunal did not provide

such an opportunity. The Tribunal will have before it

only the enquiry proceedings and it has to decide

whether the proceedings have been held properly

and the findings recorded therein are also proper.

(6) If the employer relies only on the domestic enquiry

and does not simultaneously lead additional

evidence or ask for an opportunity during the

pendency of the proceedings to adduce such

evidence, the duty of the Tribunal is only to consider

the validity of the domestic enquiry as well as the

finding recorded therein and decide the matter. If the

Tribunal decides that the domestic enquiry has not

been held properly, it is not its function to invite suo

moto the employer to adduce evidence before it to

justify the action taken by it.

(7) The above principles apply to the proceedings

before the Tribunal, which have come before it either

on a reference under Section 10 or by way of an

application under Section 33 of the Act.

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[PART II—SEC. 3(ii)]

13.Keeping in view the proposition laid by the Apex

Court in Delhi Cloth and General Mills Company (supra),

the Parliament inserted section 11-A in the Act, which came

into force w.e.f. 15th of December,1971. In the statement of

objects and reasons for inserting section 11-A, it was stated:

“In Indian Iron and Steel Company Limited and

Another Vs. Their Workmen (AIR 1958 S.C. 130 at

p.138), the Supreme Court, while considering the

Tribunal’s power to interfere with the management’s

decision to dismiss, discharge or terminate the

services of a workman, has observed that in case of

dismissal on misconduct, the Tribunal does not act

as a court of appeal and substitute its own judgment

for that of the management and that the Tribunal will

interfere only when there is want of good faith,

victimization, unfair labour practice, etc., on the part

of the management.

2. The International Labour Organisation, in its

recommendation (No.119) concerning ‘Termination

of employment at the initiative of the employer’

adopted in June 1963, has recommended that a worker

aggrieved by the termination of his employment

should be entitled to appeal against the termination

among others, to a neutral body such as an arbitrator,

a court, an arbitration committee or a similar body

and that the neutral body concerned should be

empowered to examine the reasons given in the

termination of employment and the other

circumstances relating to the case and to render a

decision on the justification of the termination. The

International Labour Organisation has further

recommended that the neutral body should be

empowered (if it finds that the termination of

employment was unjustified) to order that the worker

concerned, unless reinstated with unpaid wages,

should be paid adequate compensation or afforded

some other relief.

3. In accordance with these recommendations, it is

considered that the Tribunal’s power in an

adjudication proceeding relating to discharge or

dismissal of a workman should not be limited and

that the Tribunal should have the power, in cases

wherever necessary to set aside the order of

discharge or dismissal and direct reinstatement of

the workman on such terms and conditions, if any,

as it thinks fit or give such other reliefs to the

workman including the award of any lesser

punishment in lieu of discharge or dismissal as the

circumstances of the case may require. For this

purpose, a new Section 11-A is proposed to be

inserted in the Industrial Disputes Act, 1947…….”.

14.After insertion of section 11-A, the Apex Court

summed up the law in the case of Firestone Tyre and Rubber

Company [1973 (1) LLJ 278] in the following propositions:

“(1) The right to take disciplinary action and to decide

upon the quantum of punishment are mainly

managerial functions, but if a dispute is referred to a

Tribunal, the latter has power to see if action of the

employer is justified.

(2) Before imposing the punishment, as employer is

expected to conduct a proper enquiry in accordance

with the provisions of the Standing Orders, if

applicable, and principles of natural justice. The

enquiry should not be an empty formality.

(3) When a proper enquiry has been held by an

employer, and the finding of misconduct is a plausible

conclusion flowing from the evidence, adduced at

the said enquiry, the Tribunal has no jurisdiction to

sit in judgement over the decision of the employer as

an appellate body. The interference with the decision

of the employer will be justified only when the

findings arrived at in the enquiry are perverse or the

management is guilty of victimization, unfair labour

practice or mala fide.

(4) Even if no enquiry has been held by an employer

or if the enquiry held by him is found to be defective,

the Tribunal in order to satisfy itself about the legality

and validity of the order, had to give an opportunity

to the employer and employee to adduce evidence

before it. It is open to the employer to adduce

evidence for the first time justifying his action, and it

is open to the employee to adduce evidence contra.

(5) The effect of an employer not holding an enquiry

is that the Tribunal would not have to consider only

whether there was a prima facie case. On the other

hand, the issue about the merits of the impugned

order of dismissal or discharge is at large before the

Tribunal and the latter, on the evidence adduced

before it, has to decide for itself whether the

misconduct alleged is proved. In such cases, the

point about the exercise of managerial functions does

not arise at all. A case of defective enquiry stands

on the same footing as no enquiry.

(6) The Tribunal gets jurisdiction to consider the

evidence placed before it for the first time in

justification of the action taken only, if no enquiry

has been held or after the enquiry conducted by an

employer is found to be defective.

(7) It has never been recognized that the Tribunal

should straightaway, without anything more, direct

reinstatement of a dismissed or discharged employee,

once it is found that no domestic enquiry has been

held or the said enquiry is found to be defective.

(8) An employer, who wants to avail himself of the

opportunity of adducing evidence for the first time

before the Tribunal to justify his action, should ask

¹Hkkx II—[k.M 3(ii)º

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5747

for it at the appropriate stage. If such an opportunity

is asked for, the Tribunal has no power to refuse.

The giving of an opportunity to an employer to

adduce evidence for the first time before the Tribunal

is in the interest of both the management and the

employee and to enable the Tribunal itself to be

satisfied about the alleged misconduct.

(9) Once the misconduct is proved either in the

enquiry conducted by an employer or by the evidence

placed before a Tribunal for the first time, punishment

imposed cannot, be interfered with by the Tribunal

except in cases where the punishment is so harsh as

to suggest victimization.

(10) In a particular case, after setting aside the order

of dismissal, whether a workman should be reinstated

or paid compensation is, as held by this Court in The

Management of Panitole Tea Estate Vs. The workmen,

within the judicial decision of a Labour Court or

Tribunal”.

15. Jurisdiction to interfere with the punishment is

also not confined to the case where punishment is

shockingly disproportionate to the act of the misconduct.

The Tribunal has power of substituting its own measure of

punishment in place of managerial wisdom. Change in legal

position, post introduction of section 11A of the Act has

been effectively summarized in the case of Ambassador

Sky Chef (1996 Lab. I.C. 299) wherein High Court of Bombay

observed that the section gives specifically two fold powers

to an industrial adjudicator : firstly, it is a virtual power of

appeal against the findings of fact made by the Enquiry

Officer in his report with regard to the adequacy of the

evidence and conclusion on facts, and secondly, and far

more important, it is the power of re-appraisal of quantum

of punishment. Now no restriction lies on an industrial

adjudicator to interfere with the enquiry only on four

grounds, referred above. However, wide discretionary

powers with the adjudicator are to be exercised in judicial

and judicious manner before it interferes with the order of

misconduct or punishment.

16. With this prelude in mind, now I would turn to

facts of the present controversy. As record projects, the

claimant attended the enquiry proceedings held on

03.10.2006, submitted a letter for engaging a defence

assistant and was also provided with copies of documents

proved by the Presenting Officer. However, he never turned

up again on subsequent dates. The Enquiry Officer, in the

light of the evidence put forward by the Institute, ocular as

well as documentary, and on consideration of circumstances

of the case, concluded that the charges against the claimant

stood proved. When preliminary issue was addressed to

for adjudication, aspects relating to bona-fides of the

Institute in initiating the domestic enquiry were considered.

It was taken into account as to whether the charges is

specific and clear. Care was taken to see as to whether the

Enquiry Officer followed principles of natural justice and

gave reasonable opportunity to the claimant to defend

himself. It was also considered as to whether the enquiry

report was in consonance with the evidence produced or

perverse. At the cost of repetition, it is announced that the

Institute acted bona-fide and there had been no violations

of principles of natural justice, in conduct of the domestic

enquiry.

17. Punishment of removal/termination from service

was awarded to the claimant. Question for consideration

would be as to whether there are any justifications for

punishment of removal/termination from service? Right of

an employer to inflict punishment of discharge or dismissal

is not unfettered. The punishment imposed must

commensurate with gravity of the misconduct, proved

against the delinquent workman. Prior to enactment of

section 11-A of the Act, it was not open to the industrial

adjudicator to vary the order of punishment on finding

that the order of dismissal was too severe and was not

commensurate with the act of misconduct. In other words,

the industrial adjudicator could not interfere with the

punishment as it was not required to consider propriety or

adequacy of punishment or whether it was excessive or

too severe. The Apex Court, in this connection, had,

however, laid down in Bengal Bhatdee Coal Company

[1963(1) LLJ 291] that where order of punishment was

shockingly disproportionate with the act of the misconduct

which no reasonable employer would impose in like

circumstances, that itself would lead to the inference of

victimization or unfair labour practice which would vitiate

order of dismissal or discharge. But by enacting the

provisions of section 11-A of the Act, the Legislature has

transferred the discretion of the employer, in imposing

punishment, to the industrial adjudicator. It is now the

satisfaction of the industrial adjudicator to finally decide

the quantum of punishment for proved acts of misconduct,

in cases of discharge or dismissal. If the Tribunal is satisfied

that the order of discharge or dismissal is not justified in

any circumstances on the facts of a case, it has the power

not only to set aside order of punishment and direct

reinstatement with back wages, but it has also the power to

imposed certain conditions as it may deem fit and also to

give relief to the workman, including award of lesser

punishment in lieu of discharge or dismissal.

18. It is established law that imposing punishment

for a proved act of misconduct is a matter for the punishing

authority to decide and normally it should not be interfered

with by the Industrial Tribunals. The Tribunal is not

required to consider the propriety or adequacy of

punishment. But where the punishment is shockingly

disproportionate, regard being had to the particular conduct

and past record, or is such as no reasonable employer

would ever impose in like circumstance, the Tribunal may

treat the imposition of such punishment as itself showing

victimization or unfair labour practice. Law to this effect

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[PART II—SEC. 3(ii)]

was laid by the Apex Court in Hind Construction and

Engineering Company Labour [1965 (1) LLJ 462]. Likewise

in Management of the Federation of Indian Chambers of

Commerce and Industry [1971 (II) LLJ 630] the Apex Court

ruled that the employer made a mountain out of a mole hill

and had blown a trivial matter into one involving loss of

prestige and reputation and as such punishment of

dismissal was held to be unwarranted. In Ram Kishan

[1996 (1) LLJ 982] the delinquent employee was dismissed

from service for using abusive language against a superior

officer. On the facts and in the circumstances of the case,

the Apex Court held that the punishment of dismissal was

harsh and disproportionate to the gravity of the charge

imputed to the delinquent. It was ruled therein, “when

abusive language is used by anybody against a superior, it

must be understood in the environment in which that person

is situated and the circumstances surrounding the event

that led to the use of abusive language. No straight- jacket

formula could be evolved in adjudicating whether the

abusive language in the given circumstances would

warrant dismissal from service. Each case has to be

considered on its own facts”.

19. In B.M.Patil [1996 (11) LLJ 536], Justice Mohan

Kumar of Karnataka High court observed that in exercise

of discretion, the disciplinary authority should not act like

a robot and justice should be moulded with humanism and

understanding. It was assess each case on its own merit

and each set of fact should be decided with reference to

the evidence recording the allegation, which should be

basis of the decision. The past conduct of the worker may

be a ground for assuming that he might have a propensity

to commit the misconduct and to assess the quantum of

punishment to be imposed. In that case a conductor of the

bus was dismissed from service for causing revenue loss

of 50p to the employer by irregular sale of tickets. It was

held that the punishment was too harsh and

disproportionate to the act of misconduct.

20. After insertion of section 11-A of the Act, the

jurisdiction to interfere with the punishment is there with

the Tribunal, who has to see whether punishment imposed

by the employer commensurate with the gravity of the act

of misconduct. If it comes to the conclusion that the

misconduct is proved , it may still hold that the punishment

is not justified because misconduct alleged and proved is

such as it does not warrant punishment of discharge or

dismissal and where necessary, set aside the order of

discharge or dismissal and direct reinstatement with or

without any terms or conditions as it thinks fit or give any

other relief, including the award of lesser punishment, in

lieu of discharge or dismissal, as the circumstance of the

case may warrant. Reference can be made to a precedent in

Sanatak Singh (1984 Lab. I.C.817). The discretion to award

punishment lesser than the punishment of discharge or

dismissal has to be judiciously exercised and the Tribunal

can interfere only when it is satisfied that the punishment

imposed by the management is highly disproportionate to

the decree of the guilt of the workman. Reference can be

made to the precedent in Kachraji Motiji Parmar [1994 (II)

LLJ 332]. Thus it is evident that the Tribunal has now

jurisdiction and power of substituting its own measure of

punishment in place of the managerial wisdom, once it is

satisfied that the order of discharge of dismissal is not

justified. On facts and in the circumstances of a case,

Section 11A of the Act specifically gives two folds powers

to the Industrial Tribunal, first is virtually the power of

appeal against findings of fact made by the Enquiry Officer

in his report with regard to the adequacy of the evidence

and the conclusion on facts and secondly of foremost

importance, is the power of reappraisal of quantum of

punishment.

21.Power to set aside order of discharge or dismissal

and grant relief of reinstatement or lesser punishment is

not untramaled power. This power has to be exercised

only when Tribunal is satisfied that the order of discharge

or dismissal was not justified. This satisfaction of the

Tribunal is objective satisfaction and not subjective one.

It involves application of the mind by the Tribunal to

various circumstances like nature of delinquency committed

by the workman, his past conduct, impact of delinquency

on employer’s business, besides length of service rendered

by him. Furthermore, the Tribunal has to consider whether

the decision taken by the employer is just or not. Only

after taking into consideration these aspects, the Tribunal

can upset the punishment imposed by the employer. The

quantum of punishment cannot be interfered with without

recording specific findings on points referred above. No

indulgence is to be granted to a person, who is guilty of

grave misconduct like cheating, fraud, misappropriation of

employers fund, theft of public property etc. A reference

cannot be made to the precedent in Bhagirath Mal Rainwa

[1995 (1) LLJ 960].

22.As facts of the controversy project, the claimant

absented himself from his duties for a considerable long

period in an unauthorized manner. An employee is under

an obligation not to absent himself from work without good

cause. Absence without leave is misconduct in industrial

employment, warranting disciplinary punishment. Habitual

absence from duty without leave has been made a

misconduct under Model Standing Orders, framed under

Industrial Employment Standing Orders Act, 1946. Likewise,

industrial employers also include “absence from duty”,

without leave in the list of misconduct in their standing

orders. Sanction of leave can be a significant defence to

misconduct of absence without leave. No employee can

claim leave of absence as a matter of right and remaining

absent without leave will constitute violation of discipline.

The fact that the claimant was continuously absent from

work without leave, on account of his detention in jail for

an offence, will not give an immunity to the claimant and

the employer will be justified in discharging him from

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5749

services, announces the Apex Court in Burn & Company,

[1959 (1) L.L.J. 450].

23.In Indian Iron and Steel Company Ltd. [1958 (1)

L.L.J.260] the Apex Court was confronted with a proposition

as to whether provisions in the standing orders authorizing

the employer to terminate services of its employee on

account of absence without leave was an inflexible rule. In

that matter seven workmen were absent without leave for

14 consecutive days, as they were in police custody. During

police custody they applied for leave which were refused

by the company and services of the workmen were

terminated under relevant standing order for remaining

absent without leave. The Industrial Tribunal took a view

that the relevant standing order was not an inflexible rule

and mere application for leave was sufficient to arrest the

operation of the standing order. In appeal, though the

Labour Appellate Tribunal did not maintain the award of

the Tribunal on that count, yet it held that in view of the

circumstances that the workmen were in custody, the

company was not justified in refusing leave. When the

matter reached the Apex Court, it set aside the order of the

Labour Appellate Tribunal, relying its precedent in Burn &

Company Ltd. (supra) and ruled thus:—

“It is true that the arrested men were not in a position

to come to their work, because they had been arrested

by the police. This may be unfortunate for them, but

it would be unjust to hold that in such circumstances

the company must always give leave when an

application for leave is made. If a large number of

workmen are arrested by the authorities in charge of

law and order by raising of their questionable

activities in connection with a labour dispute (as in

this case), the work of the company will be paralysed

if the company is forced to give leave to all of them

for more or less indefinite period. Such a principle

will not be just, nor will it restore harmony between

labour and capital or ensure normal flow of

production. It is immaterial whether the charges on

which the workmen are arrested by the police are

ultimately proved or not in a court of law. The

company must carry on its work and may find it

impossible to do so if a large number of workmen are

absent. Whether in such circumstances leave should

be granted or not must be left to the discretion of the

employer. It may be rightly accepted that if the

workmen are arrested at the instance of the company

for the purpose of victimization and in order to get

rid of them on the ostensible pretext of continued

absence, the position will be different. It will then be

a colorable or malafide exercise of power under the

relevant standing order, that however, is not the case

here.”

24. Defence open to an employee, against charge of

absence without leave, is that the absence was on account

of circumstances beyond his control. For instance, where

absence of a workman was on account of his sudden or

serious illness or serious illness of a relation that would be

an extenuating circumstance which the employer will have

to take into consideration. However, if a workman feigns

sickness in order to avoid duty by producing a false medical

certificate, this would itself be a serious act of misconduct.

In Tata Engineering and Locomotive Company Ltd., [1990

(1) LLJ 403] the Patna High Court was addressed to a

proposition where workman absented himself without leave

or permission for a considerable period. After about

20 days of his absence, a memo and charge sheet was

issued, notifying that a domestic enquiry would be held in

the matter. The workman failed to appear in a domestic

enquiry and the Enquiry Officer conducted the proceedings

ex-parte. On consideration of the report of the Enquiry

Officer, the Disciplinary Authority discharged him from

service. Later on workman informed the management that

he was arrested by the police in connection with a murder

case and requested to allow him to join duty. On refusal,

an industrial dispute was raised. A High Court placed

reliance on the precedent in Indian Iron & Steel Company

(supra) and Burn & Company (supra) and ruled that the

discharge of the workman was valid and justified for

continuous absence without permission or leave.

25. Absence without leave constitutes a misconduct

justifying disciplinary action against the delinquent

workman. Punishment can only be imposed either by

complying with the procedure prescribed by the standing

orders of the establishment, if any, or the rules of natural

justice. Normally punishment should be inflicted after the

workman has been found guilty of the misconduct, after

holding a domestic enquiry. Reference can be made to

Mufatlal Narain Dass Barot [1966 (1) LLJ 437] and Kalika

Prasad Srivastava (1987 Lab.I.C. 307). Quantum of

punishment in case of misconduct for absence from duty

without leave would depend upon the facts of each case.

In order to justify the extreme penalty of discharge or

dismissal, it is to be proved that the workman remained

absent without leave for an inordinate long period. In

Bokaro Steel Plant, Steel Authority of India Ltd. (2007 L.L.R.

238) removal of workman from service who remained

unauthorisedly absent for a period of three months was

held to be justified. In Sushil Kumar (2007 L.L.R. 45) it was

ruled that absence, which is continuous for a long period,

amounts to serious misconduct to justify dismissal from

service. In Borman (2003 L.L.R. 364) 62 days absence of

workman was held to be justified for his dismissal from

service.

26. Now, question for consideration would be as to

what punishment would be appropriate to the misconduct,

committed by the claimant. An employee is under an

obligation not to absent himself from work place without

good cause. Absence without leave is misconduct in

industrial employment warranting disciplinary punishment.

5750

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[PART II—SEC. 3(ii)]

Habitual absence from duty without leave has also been

made misconduct under CCS (Conduct) Rules, 1964. When

an employee absents himself, he must have applied for and

obtained leave from the employer. No employee can claim

leave of absence as a matter of right and remaining absent

without leave will constitute violation of discipline.

Quantum of punishment for such cases would depend upon

facts of each case. In order to justify extreme penalty of

discharge or dismissal it is to be proved that the employee

remained absent without leave for an inordinate long period

or has habituated to absent himself from duty. Here in the

case the Institute has been able to project that the claimant

remained absent for more than six and half months, without

moving any application for leave. When letter dated

27.4.2006 was sent, advising him to join duties, he opted

not to respond to it. Show cause notice dated 29.5.2006

was also not replied by him. He opted note to make a written

statement of his defence, when charge-sheet was served

upon him. He appeared before the Enquiry Officer on first

date of hearing and thereafter abstained from the enquiry

proceedings. He never explained reasons for his absence

from duties. All these facts make it clear that his absence

from duties was without any justification. Such an employee

has no right to remain in service. Hence punishment,

awarded to the claimant is found to be proportionate to his

misconduct. Issue is, therefore, answered in favour of the

Institute and against the claimant. His removal from service

would be justified, on account of his inordinate long

absence without leave.

Issue No. 3

27.In view of the foregoing discussion it is evident

that removal/termination from service of the claimant, on

account of his long unauthorized absence, is found to be

in consonance with law and principles of natural justice.

The claimant is not entitled to any relief. His claim statement

is liable to be discarded, being devoid of merits.

Consequently his claim statement is discarded. An award

is passed against the claimant and in favour of the Institute.

It be sent to the appropriate Government for publication.

Dated : 12-7-2013

Dr. R. K. YADAV, Presiding Officer

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New Delhi, the 30th August, 2013

S.O. 2127.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 57/2011)

of the Central Government Industrial Tribunal-cum-Labour

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

Industrial dispute between The Secretary, Institute of

Chartered Accountants of India and their workman, which

was received by the Central Government on 23.08.2013.

[No. L-42011/73/1999-IR(DU)]

SOM NATH, Section Officer

ANNEXURE

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

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

NO.1, KARKARDOOMA COURTS COMPLEX, DELHI

I.D. No. 57/2011

Sh.Pradeep Singh Rawat,

R/o D-1, 83, Gali No.8,

Laxmi Nagar,

New Delhi - 110092, and nine others.

....Applicants

Versus

The Secretary,

Institute of Chartered Accountants of India,

Indraprastha Marg,

New Delhi - 110092.

....Respondent

AWARD

Manpower was outsourced by Institute of Chartered

Accountants of India (in short the Institute) for doing jobs

of Lower Division Clerks and Peons. Services of Always

Placement Agency (in short the contractor) were taken by

the Institute for outsourcing manpower. Shri Pradeep Singh

Rawat, Ms. Anita Rawat, Shri Pradeep Kumar Gupta,

Shri Bhagabata Rout, Shri Suresh Chand, Shri Chander

Prakash Mehra, Shri Dilwan Singh, Shri Trilok Chand and

Shri Kundan Singh Bhandari were sent by the contractor

to the Institute to work as Lower Division Clerks, besides

Shri Gautam Kumar, who was sent to work as peon. They

worked with the Institute for a considerable period. Their

services were dispensed with from 31.07.1997. The contract

employees approached High Court of Delhi by way of Writ

Petition No.5597 of 1997 seeking reinstatement in service

of the Institute. Writ petition was dismissed by High Court

with liberty to the contract employees to approach

authorities under Industrial Disputes Act, 1947 (in short

the Act) for redressal of their grievance. Thereafter, the

contract employees approached the Conciliation Officer.

Since their claim was contested by the Institute, conciliation

proceedings ended into failure. On consideration of failure

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report submitted by the Conciliation officer, the appropriate

Government referred the dispute to this Tribunal for

adjudication, vide order No. L-42011/73/99-IR(DU),

New Delhi dated 27.01.2000 with following terms:

"Whether the action of the management of the

Secretary, Institute of Chartered Accountants of

India, New Delhi, in verbally stopping from services

of Shri Pradeep Singh Rawat, LDC with effect from

30.06.1997 and nine other workmen Ms. Anita Rawat,

LDC, Shri Pradeep Kumar Gupta, LDC, Shri Bhagabata

Rout, LDC, Shri Suresh Chand, LDC, Shri Chander

Prakesh Mehra, LDC, Shri Dilwan Singh, LDC,

Shri Trilok Chand, LDC, Shri Kundan Singh Bhandari,

LDC and Shri Gautam Kumar, Peon with effect from

31.07.1997 instead of regularizing their services is

valid, legal and justified? If not, to what relief they

are entitled?"

2. Claim statement was filed by Shri Pradeep Singh

Rawat, Ms. Anita Rawat, Shri Pradeep Kumar Gupta,

Shri Kundan Singh Bhandari, Shri Trilok Chand and Shri

Suresh Chand pleading therein that the Institute is a

professional body of Chartered Accounts, which has been

formed with the objective of regulating the profession of

Chartered Accountants. It lays down standards of

education for Chartered Accounts and regulates the code

of conduct for them. The Institute has been constituted

under the statute, enacted by the Parliament. The Central

Government has power to direct alteration to be made and

overrule regulations made by the Institute from time to

time. As such, the Central Government has overall control

over the Institute.

3. It has been pleaded that the Institute is their

employer, which exploited them by not giving benefits of

regular employee. Claimants were treated by the Institute

as daily wage labours. Though they have worked for

periods ranging from 1-4 years, yet their services were not

regularized. It has been claimed that Shri Pradeep Singh

Rawat joined services of the Institute on 23.02.1993 as Lower

Division Clerk on daily wages. He was selected by the

Institute after holding interview. He rendered continuous

service with some artificial breaks. He completed 240 days

continuous service in every calendar year. He made a

request for regularization of his job. However, his services

were arbitrarily dispensed with on 30.06.1997, without

assigning any reason. His entry inside the Institute was

stopped.

4. Ms. Anita Rawat joined services of the Institute in

March, 1996 as Lower Division Clerk. She also performed

continuous service with some artificial breaks. Her services

were dispensed with in July, 1997. No opportunity of being

heard was granted to her. Shri Pradeep Kumar Gupta joined

services in 1994 as Lower Division Clerk. Except for some

artificial breaks, he had also rendered continuous service

with the Institute. He performed more than 240 days

continuous service, required for regularization of his job.

However, his entry was abruptly stopped inside the premise

on 31.07.1997.

5. In February 1995, Shri Kundan Singh Bhandari

joined the Institute as an LDC. He had also rendered

continuous service with some artificial breaks. Services

required for regularization of his job was also rendered by

him. He was made to leave the job on 04.03.1997.

Shri Trilok Chand joined the Institute in May, 1996. He

also completed 240 days continuous service, required for

regularization of his job. However, some artificial breaks

were given by the Institute. He was also made to leave on

31.07.1997 in an illegal manner. Shri Suresh Chand joined

services of the Institute in January, 1995 as a Lower Division

Clerk. Continuous service of 240 days was rendered by

him. However some artificial breaks in his service were

given by the Institute. He was also bade farewell on

31.07.1997 in an illegal manner.

6. Claimants plead that except Shri Pradeep Singh

Rawat, they were engaged by the Institute through the

contractor. The contractor used to charge his fee for

providing employment to the Institute. Claimants used to

mark their attendance in a register kept by the Institute.

The contractor changed from time to time but they

continued to work for the Institute. They used to work

under control and supervision of the Institute, who used

to pay their wages. Action of termination of their services

is unjustified. They claim that an award may be passed in

their favour, reinstating them in service with continuity

with full back wages, besides regularization of their services

with the Institute.

7. Claim was demurred by the Institute pleading that

the Tribunal has no jurisdiction to entertain the dispute,

since the appropriate Government is the State Government.

Since the claimants were engaged by the contractor, hence

no relationship of employer and employee ever existed

between them and the Institute. Contractor has not been

added in arrays of respondents and as such, claim is bad

for non-joinder of parties. Though the reference projects

that there were ten claimants, yet claim statement has been

filed on behalf of six claimants only. The Institute projects

that no dispute award may be passed against remaining

four claimants.

8. The Institute projects that the claimants were never

engaged by it. They were engaged by the contractor(s)

and as such they have no claim for reinstatement or

regularization in service against the Institute. It has been

disputed that Shri Pradeep Singh Rawat joined services of

the Institute on 23.02.1993. He was never selected by the

Institute for rendering his services, as claimed by him. He

was not in continuous service of the Institute with artificial

breaks. Since he was engaged by the contractor, payment

of his wages and provisions relating to other facilities were

areas between him and the contractor. Entire records, relating

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[PART II—SEC. 3(ii)]

to his engagement, is in possession of the contractor. It

has been disputed that his services were illegally dispensed

with effect from 30.06.1997 or 31.07.1997. The Institute

disputes that Shri Rawat rendered continuous service of

240 days, as alleged by him.

9. Claim to this effect that Ms. Anita Rawat joined

services with the Institute has been disputed. It has been

claimed that she was also an employee of the contractor.

There was no occasion for her to render continuous service

of 240 days with the Institute from March, 1996 to

July, 1997. It has been disputed that her services were

illegally dispensed with by the Institute, as alleged in the

claim statement. Denial has been made to the effect that

Shri Pradeep Kumar Gupta joined services of the Institute

in 1994. The Institute disputes that he has been

continuously served for 240 days, with some artificial

breaks. Being his employer, records relating to number of

days for which he worked and salary etc. may be available

with the contractor. His services were not dispensed with

by the Institute on 31.07.1997, as claimed.

10. Misconceived claim has been presented to the

effect that Shri Kundan Singh Bhandari joined services of

the Institute in February, 1995. He was never employed by

the Institute, hence there cannot be any question of his

rendering continuous service of more than 240 days in a

calendar year. there was no occasion for the Institute to

give artificial breaks in his service. Being employee of the

contractor, his service record is not in possession of the

Institute. Wrong claim has been made that his services

were illegally dispensed with by the Institute. Joining of

service in May, 1996 by Shri Trilok Chand is wrong assertion

of facts, pleads the institute. He was an employee of the

contractor. Hence there was no case for him to render

continuous service for 240 days with the Institute.

Allegations to the effect that artificial breaks were given in

his service, are false. The Institute has no concern with

termination of his services, effected by the contractor.

11. Claim to the effect that Suresh Chand joined

services of the Institute in January, 1995 is false. There was

no occasion for him to render continuous service of 240

days, despite artificial breaks. His services were dispensed

with by the contractor, who was his employer. The Institute

has no role to play in the matter. It has been projected that

the claim put forth by him is also misconceived. Since there

was no relationship of employer and employee between

the parties to the dispute, the Institute is not aware about

any arrangement between the contractor and the claimants.

Claimants were never paid any wages by the Institute. It

does not lie in their mouth to assert that they are entitled to

be regularized in the services of the Institute. Claim

presented by them is liable to be dismissed, being devoid

of merits.

12. On pleadings of the parties, followings issues

were settled by my learned predecessor:

(1)

Whether there exists any relationship of

employer and employee between the claimants

and the management?

(2)

As in terms of reference.

13. Vide order No. Z-22019/6/2007/IR(C-II), New Delhi,

dated 11.2.2008 the case was transferred by the appropriate

Government to Central Government Industrial Tribunal-II,

New Delhi, for adjudication. Vide order No. Z-22019/6/2007-

IR (C-II), New Delhi, dated 30.3.2011, the case was

re-transferred to this Tribunal for adjudication, by the

appropriate Government for adjudication.

14. Shri Pradeep Singh Rawat (WW1), Shri Kundan

Singh Bhandari (WW2), Shri Ashok Sajhwan (WW3),

Shri D.S. Bhisht (WW4) were examined on behalf of the

claimants. Shri K. Tulsiani entered the witness box to testify

facts on behalf of the Institute.

15. Arguments were heard at the bar. Shri S.S. Lingwal,

authorized representative, advanced arguments on behalf

of the claimants. Shri Rakesh Aggarwal, authorised

representative, raised submissions on behalf of the Institute.

I have given my careful considerations to the arguments

advanced at the bar and cautiously perused the record.

My findings on issues involved in the controversy are as

follows:—

16. At the outset, an incidental question was raised

by Shri Aggarwal to the effect that the appropriate

Government was the State Government. He presents that

since Central Government was not concerned with the

dispute hence it has no power to refer it for adjudication.

Claim has been made that this Tribunal lacks jurisdiction to

articulate the dispute, since the appropriate Government is

the State Government. Shri Lingwal dispels submissions

made by Shri Aggarwal.

17. For an answer to the above question, the term

'appropriate Government' is to be considered. Appropriate

Government has been defined by clause (a) of section 2 of

the Act, which definition is extracted thus:

"2(a) "appropriate Government" means —

(i) in relation to any industrial dispute concerning

any industry carried on by or under the authority

of the Central Government or by a railway

company or concerning any such controlled

industry as may be specified in this behalf by the

Central Government or in relation to an industrial

dispute concerning a Dock Labour Board

established under section 5A of the Dock Workers

(Regulation of Employment) Act, 1948 (9 of 1948),

or the Industrial Finance Corporation of India

Limited formed and registered under the

Companies Act, 1956 (1 of 1956) or the Employees'

State Insurance Corporation established under

section 3 of the Employees' State Insurance

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Act, 1948 (34 of 1948), or the Board of Trustees

and the State Board of Trustees section 5A and

section 5B, respectively, of the Employees'

Provident Fund and Miscellaneous Provisions

Act, 1952 (19 of 1952), or the Life Insurance

Corporation of India established under section 3

of the Life Insurance Corporation Act, 1956 (31of

1956), or the Oil and Natural Gas Corporation

Limited registered under the Companies Act, 1956

(1 of 1956), or the Deposit Insurance and Credit

Guarantee Corporation established under section 3

of the Deposit Insurance and Credit Guarantee

Corporation Act, 1961 (47 of 1961), or the Central

Warehousing Corporation established under

section 3 of the Warehousing Corporations

Act, 1962 (58 of 1962), or the Unit Trust of India

established under section 3 of the Unit Trust of

India Act, 1963 (52 of 1963), or the Food

Corporation of India established under section 3,

or a Board of Management established for two or

more contiguous States under section 16, of the

Food Corporations Act, 1964 (37 of 1964), or the

Airports Authority of India constituted under

section 3 of the Airports Authority of India

Act, 1994 (55 of 1994), or a Regional Rural Bank

established under section 3 of the Regional Rural

Banks Act, 1976 (21 of 1976), or the Export Credit

and Guarantee Corporation Limited or the

Industrial Reconstruction Corporation of India

Limited, the National Housing Bank established

under section 3 of the National Housing Bank

Act, 1987 (53 of 1987) or the Banking Service

Commission Act 1975 or an air transport service,

or a banking or an insurance company, a mine, an

oil field, a Cantonment Board, or a major port, an

company in which not less than fifty one per cent

of the paid up share capital is held by the Central

Government, or any Corporation, not being a

Corporation referred to in this clause, established

by or under any law made by Parliament, or the

Central public sector undertaking, subsidiary

companies set up by the principal undertaking

and autonomous bodies owned or controlled by

the Central Government, the Central Government,

and

(ii) in relation to any other industrial dispute, the State

public sector undertaking, subsidiary companies

set up by the principal undertaking and

autonomous bodies owned or controlled by the

State Government, the State Government :

Provided that in case of a dispute between a

contractor and the contract labour employed through the

contractor in any industrial establishment where such

dispute first arose, the appropriate Government shall be

the Central Government or the Stated Government, as the

case may be, which has control over such industrial

establishment.

18. In relation to an industrial dispute, appropriate

Government can either mean the Central Government or

the State Government. The Central Government has been

defined under section 3(8) and the State Government under

section 3(60) of the General Clauses Act, 1897. In relation

to an industrial dispute concerning—

1.

an industry carried on or under the authority of

the Central Government, or a railway company

or

2.

an such controlled industry as may be specified

in this behalf by the Central Government, or

3.

a Dock Labour Board established under section

5A of the Dock Workers (Regulation of

Employment) Act, 1948 (9 of 1948), or

4.

the Industrial Finance Corporation of India

Limited formed and registered under the

Companies Act, 1956, or

5.

the Employees' State Insurance Corporation

established under section 3 of the Employees'

State Insurance Act, 1948 (34 of 1948), or

6.

the Board of Trustees constituted under section

3A of the Coal Mines Provident Fund and

Miscellaneous Provisions Act, 1948 ( 46 of

1948), or

7.

the Central Board of Trustees and the State

Boards of Trustees constituted under section

5A and section 5B, respectively, of the

Employees' Provident Fund and Miscellaneous

Provisions Act, 1952 (19 of 1952), or

8.

the Life Insurance Corporation of India

established under section 3 of the Life Insurance

Corporation Act, 1956 (31 of 1956), or

9.

the Oil and Natural Gas Corporation Limited

registered under the Companies Act, 1956, or

10. the Deposit Insurance and Credit Guarantee

Corporation established under section 3 of the

Deposit Insurance and Credit Guarantee

Corporation Act, 1961 (47 of 1961), or

11. the Central Warehousing Corporation

established under section 3 of the Warehousing

Corporations Act, 1962 (58 of 1962), or

12. the Unit Trust of India established under section 3

of the Unit Trust of India Act, 1963 (52 of 1963),

or

13. the Food Corporation of India established under

section 3 of the Food Corporation Act, 1964 (37

of 1964), or

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[PART II—SEC. 3(ii)]

14. a Board of Management established for two or

more contiguous States under section 16 of the

Food Corporations Act, 1964 (37 of 1964), or

15. the Airports Authority of India constituted

under section 3 of the Airports Authority of India

Act, 1994 (55 of 1994), or

16. a Regional Rural Bank established under section 3

of the Regional Rural Banks Act, 1976 (21 of

1976), or

17. the Export Credit and Guarantee Corporation

Limited, or

18. the Industrial Reconstruction Bank of India

Limited, or

19. the National Housing Bank established under

section 3 of the National Housing Bank

Act, 1987 (53 of 1987), or

20. an air transport service, or

21. a banking company, or

22. an insurance company, or

23. a mine, or

24. an oil-field, or

25. a Cantonment Board, or

26. a "major port, or

27. any company in which not less than fifty-one

per cent of the paid-up share capital is held by

the Central Government, or

28. any corporation, not being a corporation

referred to in this clause, established by or under

any law made by Parliament, or

29. the Central public sector undertaking, or

30. subsidiary companies set up by the principal

undertaking and autonomous bodies owned or

controlled by the Central Government, the

appropriate Government would mean the Central

Government".

19. In relation to an industrial dispute appropriate

Government can either mean Central Government or State

Government. In relation to any industrial dispute, other

than those specified in sub-clause (i) of clause (a) of section 2

of the Act, appropriate Government would be State

Government. In other words, all industrial disputes which

are outside the purview of sub-clause (i) are concern of the

State Government under sub-clause (ii) of clause (a) of

Section 2 of the Act. Thus, the general rule is that an

industrial dispute raised between employer and his

employee would be referred for adjudication by the State

Government, except in cases falling under section 2(a)(i) of

the Act. Consequently, where industrial dispute which does

not fall within the ambit of section 2(a)(i) of the Act,

appropriate Government cannot be the Central Government.

20. Now, it would be ascertained as to whether the

Institute falls within the ambit of section 2(a)(i) of the Act

so that the Central Government may exercise functions of

the appropriate Government in the controversy. For an

answer to this proposition, it would be taken note of as to

whether the Institute is an industry carried on or under the

authority of the Central Government or a controlled industry

as specified in this behalf by the Central Government. For

an industry to be carried on under the authority of the

Central Government, it is to be shown that the industry

belongs to the Central Government. The expression 'carried

on by or under the authority of the Central Government'

involves direct nexus with the industry through servants

or agents of the Central Government. It is to be brought

over the record that industry is being carried on pursuant

to the authority of the Central Government. For that

purpose, it should be an industry carried on directly by the

Central Government.

21. Provisions of Chartered Accountants Act, 1949

are to be looked into to ascertain as to whether activities of

the Institute are being carried on directly by the Central

Government. As provisions of the aforesaid Act highlights,

the Act was enacted by the Parliament to make provisions

for regulation of profession of Chartered Accounts and for

that purpose to establish the Institute. As section 3 of the

said Act speaks, that the Institute is a body corporate which

has perpetual succession and common seal. It has powers

to acquire, hold and dispose off property, both movable as

well as immovable and shall be by its name sue or be sued.

Members of the Institute shall be divided into two classes,

designated as associates and fellows, who shall be know

as Chartered Accountants. Functions of the Institute shall

be discharged by a Council composed of not more than

30 members, out of whom six shall be nominated by the

Central Government. Members other than the nominated

members shall be elected by the members of the Instituted

from amongst fellows in such a manner and from such

regional constituencies as may be specified by the Central

Government. The Council, at first meeting, shall elect its

President and Vice President. The President shall be the

Chief Executive authority of the Council. President or the

Vice President shall hold office for a period of one year and

shall be eligible for re-election.

22. Section 15 of the aforesaid Act enacts that duty

to carry out provisions of the Act shall vest in the Council.

Sub-section (1) of the said section stipulates that duty to

carry out provisions of the Act shall be vested in the

Council. Sub-section (2) enlists duties of the Council, which

are detailed as follows:

"(2) In particular, and without prejudice to the

generality of the foregoing powers, the duties of the

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Council shall include —

(a) the examination of candidates for enrolment and

the prescribing of fees therefor;

(b) the regulation of the engagement and training

of articled and audit assistants;

(c) the prescribing of qualifications for entry in the

Register;

(d) the recognition of foreign qualifications and

training for the purposes of enrolment;

(e) the granting or refusal of certificates of practice

under this Act;

(f)

the maintenance and publication of a Register

of persons qualified to practice as chartered

accountants;

(g) the levy and collection of fees from members,

examinees and other persons;

(h) the removal of names from the Register and the

restoration to the Register of names which have

been removed;

(i)

the regulation and maintenance of the status

and standard of professional qualifications of

members of the Institute;

(j)

the carrying out, by granting financial assistance

to persons other than members of the Council

or in any other manner of research in

accountancy;

(k) the maintenance of a library and publication of

books and periodicals relating to accountancy;

(l)

the exercise of disciplinary powers conferred by

this Act.

23. The Council shall constitute, from amongst its

members, standing committees, namely, (1) Executive

Committee (ii) Examination Committee, and (iii) Disciplinary

Committee. A fund shall established, under the management

and control of the Council. The Council shall keep accounts

of all the funds, may invest any money or fund in any

Government security or may borrow funds from scheduled

banks, as defined by Reserve Bank of India. The Council

may remove name of any member from the register of the

Institute, as enacted by section 20 of the said Act. On a

complaint made to the Council, the Disciplinary Committee

may initiate action against a member when he commits

professional misconduct. Appeal against order passed

under sub-section (4) of section 21 relating to his reprimand

or removal of name from the register, may be made to the

High Court.

24. The Council may make regulation for the purpose

of carrying out objects in the said Act. Thus regulations

may provide for all or any of the following matters:

"In particular, and without prejudice to the generality

of the foregoing power, such regulations may provide

for all or any of the following matters:—

(a) the standard and conduct of examinations under

this Act;

(b) the qualifications for the entry of the name of

any person in the register as a member of the

Institute;

(c) the conditions under which any examination or

training may be treated as equivalent to the

examination and training prescribed for members

of the Institute;

(d) the conditions under which any foreign

qualification may be recognized;

(e) the manner in which and the conditions subject

to which applications for entry in the Register

may be made;

(f)

the fees payable for membership of the Institute

and the annual fees payable by associates and

fellows of the Institute in respect of their

certificates;

(g) the manner in which elections to the Council

and the Regional Councils may be held;

(h) the particulars to be entered in the Register;

(i)

the functions of Regional Councils;

(j)

the training of articled and audit clerks, the

fixation of limits within which premia may be

charged from articled clerks and the cancellation

of articles and termination of audit service for

misconduct or for any other sufficient cause;.

(k) the regulation and maintenance of the status

and standard of professional qualifications of

members of the Institute;

(l)

the carrying out of research in accountancy;

(m) the maintenance of a library and publication of

books and periodicals on accountancy;

(n) the management of the property of the Council

and the maintenance and audit of its accounts;

(o) the summoning and holding of meetings of the

Council, the times and places of such meetings,

the conduct of business thereat and the number

of members necessary to form a quorum;

(p) the powers, duties and functions of the

President and the Vice- President of the Council;

(q) the functions of the standing and other

committees and the conditions subject to which

such functions shall be discharged;

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[PART II—SEC. 3(ii)]

(r)

the terms of office, and the powers, duties and

functions of the Secretary and other officers and

servants of the Council;

(s) the exercise of disciplinary powers conferred by

this Act; and

(t)

any other matter which is required to be or may

be prescribed under this Act."

25. Section 30-A of the said Act empowers the Central

Government to direct the council to make any regulation or

to amend or revoke any regulation already made. When

the Council fails to make a regulation or amend or revoke a

regulation already made, the Central Government is

empowered to amend or revoke such regulations.

Regulations made are to be laid before each House of

Parliament, as enacted by section 30-B of the said Act.

26. In the light of the above facts, it would be

ascertained as to whether the Institute acts under directions

or control of the Central Government. At the cost of

repetition, it is pointed out that only 6 members are

nominated to the Council by the Central Government, while

24 members are to be elected by the members from amongst

themselves. The Council elects its President and the Vice

President. 6 nominated members themselves cannot take

decisive role to elect President or Vice President. Thus, it is

evident that constitution of the Council or election of

President and the Vice President are not directed or

regulated directly by the Central Government.

27. Power of the Central Government to direct the

Council to make any regulation or amend or revoke such

regulation, already made, would not highlight that the

Central Government has complete control over the Council.

These reasons persuade me to comment that it has not

been brought over the record that activities of the Institute

are being carried on directly by the Central Government. It

would be wrong to conclude that the Institute is an industry

carried on or under the authority of the Central Government.

28. However, there is other facet of the coin. As the

aforesaid Act declares, the Institute is a body corporate

having perpetual succession and common seal. It has

power to acquire, hold and dispose off property, both

movable and immovable and shall by its name sue or be

sued. A corporation aggregate has been defined as a

collection of individuals united into one body under a

special denomination, having perpetual succession under

an artificial form, and vested by the policy of law with the

capacity of acting in several respects as an individual,

particularly of taking and granting property, of contracting

obligations and of suing and being sued of enjoying

previleges and immunities in common, and of exercising a

variety of political rights, more or less extensive, according

to the decision of its institutions or the powers conferred

upon it, either at the time of its creation or at any subsequent

period of its existence. See Halsbury's Law of England (3rd

Edition, Vol. 9, pp. 4). As detailed above, all these attributes

are therein the Institute. The Institute acts as an

independent organization, established by the aforesaid Act.

Therefore, it is crystal clear that the Institute answers all

characteristics of a corporation, which has been established

under the aforesaid Act, enacted by the Parliament. This

brings it to the light of the day that the Institute is a

corporation established by law made by the Parliament

and in respect of it, appropriate Government is the Central

Government. Resultantly, it is announced that the objection

taken by the Institute that the appropriate Government is

the State Government is uncalled for.

29. Assuming, though not admitting, that the Central

Government is not the appropriate Government for the

dispute under reference, in such a situation question would

be as to who shall be the appropriate Government for the

dispute? Answer has been provided in clause (a)(ii) of

section 2 of the Act, which contemplates that in relation to

any other industrial dispute the State Government is the

appropriate Government. However, this Tribunal is not

oblivious of the proposition that Union Territory of Delhi

enjoins a special status under the Constitution. Delhi is a

Union Territory having some special provisions with

respect to its administration. Article 239 of the Constitution

speaks that every Union Territory shall be administered by

the President acting, to such extent as he thinks fit, through

an administrator to be appointed by him with such

designation as he may specify. Article 239AA makes special

provisions with respect to Delhi, detailing therein that the

Union Territory of Delhi shall be called the National Capital

Territory of Delhi and the administrator thereof appointed

in article 239 shall be designated as the Lieutenant Governor.

There shall be Legislative Assembly, and provisions of

article 324 to 327 and 329 shall apply in relation the

Legislative Assembly of the National Capital Territory of

Delhi as they apply in relation to a State. The Legislative

Assembly shall have power to make laws for the whole or

any part of the National Capital Territory with respect to

the matters enumerated in the State List or the Concurrent

List except the matters with respect to entries 1, 2 and 18 of

the State List and entries 64, 65 and 66 of that list, in so for

they relate to the said entries 1, 2 and 18. The Council of

Ministers shall be headed by the Chief Minister to aid and

advise the Lt. Governor in exercise of his functions in

relation of the matters with respect to which the Legislative

Assembly has power to make laws. In case difference of

opinion between Lt. Governor and his ministers on any

matter, the Lt. Governor shall refer it to the President for

decision and act according to the decision given thereon

by the President and pending such decision the Lt.

Governor is competent to take action in urgent matters.

The Chief Minister shall be appointed by the President

and Ministers shall be appointed by the President on the

advise of the Chief Minister. Therefore, it is evident that

though a Legislative Assembly is there in National Capital

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5757

Territory of Delhi, yet it is a union territory administered by

the President through the Administrator appointed by him.

In case of difference of opinion between the Administrator

and the Ministers, it is the decision of the President that

prevails. Consequently the State Government merges with

the Centre when Lt. Governor administer the Union

Territory or in case of difference of opinion the President

decides the issue.

30. High Court of Delhi was confronted with such a

proposition in M.K. Jain (1981 Lab. I.C.62) wherein it was

laid as follows:

"The award was sought to be voided, inter alia, on

the ground that by virtue of the constitution and

composition of the Corporation, Central Government

was the only authority competent to make a reference

of the dispute to the Industrial Court and that the

reference by the Lieutenant Governor of Delhi was,

therefore, in excess of powers. Even otherwise no

exception could be taken to the order of reference,

even if it be assumed that Central Government was

the appropriate Government, in as much as the

distinction between the Central and the State

Government in relation to the Union Territory in our

constitutional framework is rendered illusory, Union

Territory is administered by the President of India

under Article 239 of the Constitution of India, acting

to such extent as he thinks fit. Therefore the

Administrator, to be appointed by him, in the case of

Union Territory, there is an amalgamation of the

constitutional classification of legislative and

executive powers between the Centre and the States.

According to section 3(60) of the General Clauses

Act, the "Central Government "in relation to the

administration of Union Territory means the

Administrator acting within the scope of authority

given to him under article 239 of the Constitution of

India and in terms of section 3(60) of the General

Clauses Act, "State Government" as respects

anything done or to be done in the Union Territory

means the Central Government. In the case of Union

Territory, therefore, the Central and State

Governments merge and it is immaterial whether an

order of reference is made by one or the other. This

contention must, therefore, fail".

31. Again in Mahavir [97 (2002) DLT 922] the High

Court was confronted with the same proposition. Relying

the precedent in M.K. Jain (supra) with profit it was ruled

that reference made by the Government of NCT of Delhi

was not bad despite the fact that appropriate Government

was the Central Government. Difference of State

Government and Central Government goes to the brink of

abolition when State Government has been defined as the

Central Government by clause (60) of section 3 of the

General Clauses Act and Delhi is being administered by

the President through the Administrator appointed by him.

Therefore, the aforesaid precedents make it clear that a

status of Union Territory of Delhi can be termed as Central

Government in certain matters. In such a situation, reference

of the dispute made by the Central Government would not

make any difference. Objections raised by the Institute is

to be discarded on this count too. Resultantly, it is

concluded that the Central Government was the appropriate

Government, competent to make a reference of the dispute

to this Tribunal. The Tribunal has rightly invoked its

jurisdiction under sub-section (4) of section 10 of the Act

to adjudicate it.

Issue No.1

32. In his affidavit Ex.WW1/A, tendered as evidence,

Shri Pradeep Singh Rawat unfolds that he joined the Institute

as Lower Division Clerk on 23.02.1993. He was selected by

the Institute after holding an interview. He was in

continuous service of the Institute. His attendance was

being recorded in an attendance register maintained by the

Institute. During the course of cross examination, he

concedes that no interview letter was issued in his favour

by the Institute. He further admits that there is no

documents in his possession to show that his salary was

ever paid by the Institute. However, he disputes the

proposition that he was engaged by the contractor. Shri

Kundan Singh Bhandari concedes in his affidavit Ex.WW2/A

that he was employed as Lower Division Clerk by the

contractor. He also makes a candid admission that his

wages were paid to him by the contractor.

33. Shri Tulsiani details in his affidavit Ex.MW1/A

that the claimants were engaged by the contractor. The

contractors used to pay their wages. There was no

relationship of employer and employee between the

claimants and the Institute. Contractor was outsourcing

manpower for the Institute since 1993-94.

34. When facts unfolded by Shri Pradeep Singh

Rawat, Shri Kundan Singh Bhandari and Shri Tulsiani are

appreciated, it came to light that the claimants depose that

they were employees of the Institute. However Shri Rawat

admits that there was no document in his possession to

project that his wages were ever paid to him by the Institute.

Shri Bhandari makes an admission to the effect that he was

engaged by the contractor. He also does not dispute that

his wages were paid to him by the contractor. To

substantiate the claim put forth by the Institute, Shri

Tulsiani presents that claimants were employees of the

contractor, who used to pay their wages.

35. Question for consideration would be as to how

relationship of employer and employee is created? For an

answer to this proposition, it is to be taken note of as to

how a contract of service is entered into. The relationship

of employer and employee is constituted by a contract,

express or implied between employer and employee. A

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contract of service is one in which a person undertakes to

serve another and to obey his reasonable orders within the

scope of the duty undertaken. A contract of employment

may be inferred from the conduct which goes to show that

such a contract was intended although never expressed

and when there has, in fact, been employment of the kind

usually performed by the employees. Any such inference,

however, is open to rebuttal as by showing that the relation

between the parties concerned was on a charitable footing

or the parties were relations or partners or were directors of

a limited company which employed no staff. While the

employee, at the time, when his services were engaged,

need not have known the identity of his employer, there

must have been some act or contract by which the parties

recognized one another as master or servant.

36. Whether claimants could establish above

parameters? As detailed above, ocular facts are brought

over the record to establish that the claimants were engaged

by the Institute. Shri Bhandari admits his engagement by

the contractor. However ample evidence came over the

record to conclude that the contractor acted as an agent of

the Institute in that regard. Shri Rawat claims that he was

enaged by the Institute, which testimony remained

uncorroborated since no appointment letter or wage slip

was produced by this witness. On the other hand Shri

Tulsiani asserts that they were employed by the contractor

to whom work of supply of manpower was awarded by the

Institute.

37. Shri Tulsiani, highlights that there was no written

agreement between the contractor and the Institute.

According to him, contractor used to provide 25-30

employees to the Institute in pursuance of oral agreement

between the parties. In such a situation, the Tribunal had

to examine the ocular facts deposed by the parties to

ascertain as to whether the parole agreement was genuine

one. When facts unfolded by Shri Tulsiani are scanned, it

came to my notice that he concedes that attendance register

Ex.WW1/1 contains names of regular employees of the

Institute, besides the daily wagers. When Ex.WW1/1 is

perused, it emerged that names of the claimants are also

recorded therein besides regular employees of the Institute.

Ex.WW1/1 is an attendance register, which document

purports to have been maintained by the Institute.

Attendance of the claimants were recorded by the Institute

to keep not only record of their presence at place of work

but to exercise control over them. When their names were

entered in the register, alongwith the regular employees,

the Institute attempted to exercise administrative control

over them.

38. There is a candid admission by Shri Tulsiani to

the effect that the employees sent by the contractor were

interviewed by the Institute. He further concedes that

educational qualifications of these employees were

scrutinized by the Institute and thereafter, they were

engaged on job. From these facts, it creeps over the record

that the contractor had sent a few persons to the Institute,

whose suitability and eligibility were assessed by the

Institute before engaging them on job. It was the Institute

who had interviewed them and on being satisfied about

their eligibility to perform the job, they were engaged. Their

educational qualifications were also scanned. Procedure

adopted by the Institute was analogous of recruitment of

an employee. Consequently, I am of the considered view

that the contractor acted as an agent, when he sent certain

persons to the Institute and the Institute examined their

eligibility and suitability as an employer. Thus, it is apparent

that the claimants were engaged/appointed by the Institute

and not by the contractor.

40. Ex.WW1/2 is an office note recorded by the

Assistant Secretary. Proposal was made by the Assistant

Secretary in the said note to the effect that services of

Shri Pradeep Singh Rawat may not be terminated since he

was engaged on important work of fee adjustment/fee

payment entry/fee filing job, which job was highly technical

in nature. Ex.WW1/3 is other note initiated by the Section

Officer, wherein he highlights that Shri Pradeep Singh

Rawat, Anand Bhardwaj and Shri Bhagat Singh Rawat, were

doing work relating to fee receipts, removal of names,

fellowship and dispatching of letters. It was suggested

therein that suitable breaks be given in services of Shri

Pradeep Singh Rawat, Anand Bhardwaj and Shri Bhagat

Singh Rawat since they were doing important work as

referred above. It was requested that their services may be

retained after minimum breaks. Ex.WW1/4 is another office

note initiated by the Deputy Secretary wherein he presents

that Shri Anand Bhardwaj and Pradeep Singh Rawat are

given work in NRO(Member Section) for which no

replacement would be possible. Therefore, these documents

make it apparent that it was the Institute who was taking a

decision for continuity of service of the daily wagers. Their

suitability and valuable experience were taken into account

and further extensions were given in their service after

minimum breaks. It stood established that the Institute

exercised functions of an employer when services of the

aforesaid persons were extended from time to time.

Administrative, managerial, disciplinary and financial

powers were exercised by the Institute in respect of service

rendered by the daily wagers. Device of making payment

of their wages through the contractor was adopted by the

Institute with a view to evade beneficial labour legislation.

It is absolutely clear the contractor was an agent of the

Institute who used to send person for engagement by the

latter to work as Lower Divisional Clerks and Peon. In fact

they were engaged by the Institute and not by the

contractor. Relationship of employer and employee existed

between the Institute and daily wagers, so engaged.

Issue No. 2.

41. Now, it would be ascertained as to whether

claimants rendered continuous service of more than 240

days in preceding 12 months from termination of their

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5759

services. For an answer to this proposition, it is expedient

to know what term "continuous service" means. Term

"continuous service" has been defined by section 25-B of

the Act. Under sub-section (1) of the said section,

"continuous service for a period" may comprise of two

period viz. (i) uninterrupted service, and (ii) interrupted

service on account of (a) sickness,(b) authorized leave, (c)

an accident, (d) a strike which is not legal, (e) a lock-out,

and (f) a cessation of work that is not due to any fault on

the part of the workman, shall be included in the

"continuous service." Sub-section (2) of the said section

introduces a fiction to the effect that even if a workman is

not in "continuous service" within the meaning of clause (1)

for a period of one year or six months, he shall be deemed

to in continuous service for that period under an employer

if he has actually worked for the days specified in clauses

(a) and (b) thereof. In Vijay Kumar Majoo (1968

Lab.I.C.1180) it was held that one year's period

contemplated by sub-section (2) furnished a unit of measure

and if during that unit of measure the period of service

actually rendered by the workman is 240 days, then he can

be considered to have rendered one year's continuous

service for the purpose of the section. The idea is that if

within a unit period of one year a person had put in at least

240 days of service, then he must get the benefit conferred

by the Act. Consequently, an enquiry has to be made to

find out whether the workman actually worked for not less

than 240 days during the period of 12 calendar months

immediately preceding the retrenchment.

42. In Ramakrishna Ramnath [1970 (2) LLJ 306], Apex

Court announced that when a workman renders continuous

service of not less than 240 days in 12 calendar months, he

is deemed to have completed one years' service in the

industry. It would be expedient to reproduce observations

made by the Apex Court in that regard, which are extracted

thus:

"Under Section 25-B a workman who during the

period of 12 calendar months has actually worked in

an industry for not less than 240 days is to be deemed

to have completed One year's service in the industry.

Consequently an enquiry has to be made to find out

whether the workman had actually worked for not

less than. 240 days during period of 12 calendar

months immediately preceding the retrenchment.

These provisions of law do not show that a workman

after satisfying the test under Section 25B has further

to show that he has worked during all the period he

has been in the service of the employer for 240 days

in the year".

43. When the workman concerned fails to establish

that he worked for atleast 240 days in the year, he cannot

claim protection against termination of his services in order

to seek regularization of his services on monthly salary

with benefits like pension, gratuity etc. Interruption of

service occurred during the course of job has to be included

in uninterrupted services. Fiction under section 25-B of

the Act will operate if workmen has actually worked for 240

days in a calendar year. The explanation appended to

section 25-B of the Act specifically includes the days on

which workman was laid off under an agreement or he has

been on leave with full wages, or he has been absent due

to temporary disablement caused by accident arising out

of and in the course of his employment and in the case of a

female, maternity leave, under the expression 'actually

worked' used under sub-section 2 of section 25 B of the

Act. Question for consideration comes as to whether the

words 'actually worked' would not include holidays,

Sundays and Saturdays for which full wages are paid. Apex

Court was comprehended with such a proposition in

American Express Banking Corporation [1985(2) LLJ 539].

It was ruled therein that the expression 'actually worked

under the employer' cannot mean those days only when

me workman worked with hammer, sickle or pen, but must

necessarily comprehend all those days during which he

was in the employment of the employer and for which he

had been paid wages either under express or implied

contract of service or by compulsion of statute, standing

orders etc. Court ruled that Sundays and other holidays,

would be comprehended in the words 'actual work' and its

countenanced the contention of the employer that only

days which are mentioned in the explanation should be

taken into account for the purpose of calculating the number

of days on which the workmen had actually worked though

he had not so worked and no other days. The court

observed that the explanation is only clarificatory, as all

explanations are, and cannot be used to limit the expanse

of the main provision. Precedent in Lalappa Lingappa [1981

(1) LJ 308] was distinguished by the Apex Court in the case

referred above. The precedent was followed in Standard

Motor Products of India Ltd. [1986 (1) LLJ 34]. Thus, it is

crystal clear from the law laid above that Sundays and

holidays shall be included in computing continuous service

under section 25-B of the Act.

44. Except Pradeep Singh Rawat and Kundan Singh

Bhandari other claimants have not come forward to depose

facts to establish that they rendered continuous service of

240 days in a calendar year with the Institute. It was

incumbent on them to lead evidence to show that they had

in fact worked for 240 days in the year preceding their

termination of service. Onus lies on a workman to establish

that he rendered continuous service of 240 days in the

year preceding termination of his service, to avail benefit

of the provisions of section 25-F read with section 25-B of

the Act. Since no evidence has been adduced, hence it is

concluded that the claimants, other than those who entered

the witness box, failed to establish that they had rendered

continuous service of 240 days in preceding one year from

the date of termination of their services. They are not

entitled to any benefit under the provisions of section

25-F of the Act.

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[PART II—SEC. 3(ii)]

45. Shri Kundan Singh Bhandari details self serving

words in his affidavit Ex.WW2/A to the effect that he

rendered continuous service of 240 days to the Institute

from February 1995 onwards. He had relied documents

Ex.WW2/1 to Ex.WW2/9 in support of his case. These

documents do not project that Shri Bhandari rendered

service of 240 days with the institute in any calendar year.

Certain documents, obtained under Right to Information

Act 2005, were put to Shri Tulsiani during the course of his

cross-examination. When these documents are scanned, it

came to light that Shri Bhandari worked with the Institute

for 21 days in March 95, 16 days in April 1995, 21 days in

May, 1995 and 22 days in June, 1995, as emerge out of

Ex.MW1/6, Ex.MW1/23 and Ex.MW1/26. He worked for

20 days in Feb. 1996, 19 days in March, 1996 and 4 days in

April 1996, as peep out of Ex.MW1/W37, Ex.MW1/W28

and Ex.MW1/W29. Except the days, referred above, no

other period came to light for which Shri Bhandari worked

with the Institute. On the other hand, he admitted that he

worked as a contractor for the Institute, who stitched

uniform for its employees. These facts make me to comment

that Shri Bhandari could not establish by cogent evidence

that he rendered continuous service of 240 days in the

preceding year from the date of termination of his service

by the Institute. He cannot avail benefit of the provisions

of section 25-F of the Act.

46. Shri Pradeep Singh Rawat also detailed self

serving words in his affidavit Ex.WW1/A. Shri Ashok

Sajwan and Shri D.S.Bist could not establish his case, in

the matter of his rendering continuous for 240 days in any

of the calendar year. Shri Bist tried to speak by his memory

in that regard, which facts cannot substantiate his claim.

Documents, put to Shri Tulsiani in his cross-examination,

when scanned highlight that Shri Rawat worked for 169 days

from February, 1993 to December, 1993, worked for 91 days

upto 30 June, 1994, 26 days in March and April 1995,

66 days from July to October 1996 and 91 days from April

1997 to June 1997. As projected on his behalf, during the

course of arguments, he rendered 222 days continuous

service with effect from 23 February, 1993 till

December 1993. Thus it is crystal clear that Shri Rawat had

failed to discharge onus to prove that he rendered

continuous service of 240 days in the preceding year from

the date of termination of his service.

47. The word "retrenchment" has been defined in

the Act in very wide sense. Termination of service of an

employee for whatsoever reasons, other than the

exceptions provided in clause (oo) of section 2 of the Act,

would amount to retrenchment. When an employee renders

continuous of one year, as contemplated by the provisions

of section 25-B of the Act, condition pre-requisite to

retrenchment of the workman are enacted in section 25-F

of the Act. But in the case in hand, none of the claimants

could establish that they rendered continuous service of

240 days in the preceding year from the date of their

retrenchment. Hence they are not entitled to benefit/

protection of section 25-F of the Act.

48. No evidence has been adduced by the claimants

to the effect that any junior to them was retained by the

Institute, when their services were terminated on 31.7.1997.

There is absolute vacuum of evidence on the issue as to

whether the Institute recruited some other persons, after

termination of services of the claimants. Hence provisions

of section 25-G and 25-H of the Act do not come into play.

In view of the foregoing reasons it is clear that retrenchment

of the claimants do not offend the provisions of the Act.

No reasons are there to say that the claimants had a case

for regularization of their services. Resultantly, the claimants

could not show any illegality or unjustifiability in the action

of the Institute. Their claim is brushed aside. An award is

passed in favour of the Institute and against the claimants.

It be sent to the appropriate Government for publication.

Dated : 5-7-2013

Dr. R. K. YADAV, Presiding Officer

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New Delhi, the 30th August, 2013

S.O. 2128.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. CGIT-2/

100 of 2005) of the Cent. Govt. Indus. Tribunal/Labour

Court-2, Mumbai now as shown in the Annexure, in the

industrial dispute between the employers in relation to the

management of Mumbai Port Trust, and their workman, which

was received by the Central Government on 25.07.2013.

[No. L-31011/05/2005-IR (B-II)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 2,

MUMBAI

Present : K.B. KATAKE, Presiding Officer

Reference No. CGIT-2/100 of 2005

EMPLOYERS IN RELATION TO THE

MANAGEMENT OF MUMBAI PORT TRUST

The Chairman

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5761

Mumbai Port Trust

Port Bhavan

Ballard Estate

Mumbai-400038.

AND

THEIR WORKMEN

The Secretary

Mumbai Port Trust Dock & General Employees Union

Port Trust Kamgar Sadan

Nawab Tank Road Mazgaon

Mumbai 400 010.

Appearances:

FOR THE EMPLOYER :

Mr. Umesh Nabar, Advocate.

FOR THE WORKMEN :

Mr. J. H. Sawant, Advocate.

Mumbai, dated the 1st July, 2013

AWARD PART-I

1. The Government of India, Ministry of Labour &

Employment by its Order No.L-31011/5/2005 -IR (B-II) dated

22.08.2005 in exercise of the powers conferred by clause (d)

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

the Industrial Disputes Act, 1947 have referred the

following industrial dispute to this Tribunal for

adjudication:

"Whether the action of the management of Mumbai

Port Trust by imposing the punishment of reducing

the pay by five stages in respect of Shri M.K.

Raghuvansh, Security Guard is justified? If not, what

relief the workman Shri M. K. Raghuvansh is entitled

to ?"

2. After receipt of the reference notices were issued

to both the parties. In response to the notice the second

party workman filed his statement of claim at Ex-7.

According to the second party he is working with first

party since 1982 as Security Guard. It is contended that on

15th/16th January 2000 the workman was on duty at Red

Gate Victoria Dock (inside). During night shift dated 15th/

16th January 2000 a theft took place at Orange Gate Princess

Dock. A container sped away without showing any

documents at the said gate. The security guard and the

staff posted on the gate tried to stop the said container,

but in vain. However, surprisingly the concerned officer,

Mr. Almeida lodged a complaint with Yellow Gate Police

Station after 3 days i.e. on 19/1/2000. At the relevant time

the workman was performing his duty at Red Gate Victoria

Dock. At the behest of some security officers of MbPT,

and with the help of Yellow Gate Police Station, the workman

was falsely implicated in this case. Departmental inquiry

was initiated against the workman and others by the

management. Workman was dismissed from service by

order dt. 14.07.2003. Workman preferred an appeal against

the said order before the Ld. Chair Person who vide her

order dt. 22.1.2004 set aside the order of dismissal and

imposed punishment to reduce the pay of the workman by

five stages. Meanwhile the Ld. Metropolitan Magistrate

vide order dt. 6.10.2003 passed in CR. 3/2000 acquitted the

workman. Therefore workman filed industrial dispute before

the ALC (C). On the failure report of ALC (C), Ministry sent

the reference to this Tribunal.

3. It is further contended that the inquiry proceedings

were conducted in violation of principles of natural justice

and to the provision of MBPT employees (Classification,

Control and Appeal) i.e. Complete Regulation, 1976. The

IO has not taken into account the entire evidence on record

and gave findings without application of mind and ignoring

the documents produced by the defence side. IO acquitted

another security guard Shri S.G.Singh who was also arrested

by the police and acquitted by the Metropolitan Magistrate

Court. However gave findings against the workman.

Therefore he prays to set aside the order dated 22.1.2004,

and to treat the period of suspension preceding the date of

dismissal order and the period between date of dismissal

order and the date of reinstatement as on duty and all

consequential benefits.

4. The first party management resisted the statement

of claim of the workman vide their written statement at

Ex-8. According to it the averments and submissions of

the workman in the statement of claim are false. The claim

of the second party is misconceived, malafied and not

maintainable. The second party workman had intentionally

violated rules of discipline repeatedly and had undergone

punishment for the same. He took it casually and did not

show any improvement. On the other hand he had shown

total disregard towards his work and duty. The punishment

was imposed on him for serious misconduct.

5. According to the first party the second party

workman was appointed as a Security Guard since

July 1982. During his tenure he committed misconduct such

as threatening superiors, picking up altercations with

colleagues, sleeping while on duty, playing cards while on

duty and absconding from duty point. For these

misconducts four minor penalties were imposed upon the

workman and he was warned several times to mend his

ways and improve his conduct. The workman and 12 other

employees were charge-sheeted for speeding away with

trailer loaded with a container and theft of its contents.

Complaint was lodged with Yellow Gate Police Station.

Police sent the charge sheet to M.M. Court. The

disciplinary action was initiated against the employees

including the second party. The Inquiry officer was

appointed. The copies of the charge sheet were served on

him. The IO has given him fair and sufficient opportunity

to defend himself. In the departmental inquiry the second

party workman was found guilty and he was dismissed

from service w.e.f. 14/07/2003. In appeal, the Appellate

Authority considered the fact that in criminal case the

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[PART II—SEC. 3(ii)]

workman was acquitted thus took lenient view and modified

the order of dismissal and reinstated the workman in service

and imposed punishment of reducing his pay by five

increments with prejudice to his future increments. The

inquiry was just and proper and the findings are based on

the evidence on record. They are consistent to the facts,

circumstances and evidence. The Punishment is reduced

by the Appellate Authority and it is not shockingly

disproportionate. Therefore they pray that, the reference

be rejected.

6. The workman filed rejoinder at Ex-9. He denied the

allegations and contents in the written statement and

reiterated his averments in the statement of claim.

7. Following are the two preliminary issues for my

determination. I record my findings thereon for the reasons

to follow:

Sr.

Issues

Findings

No.

1.

Is inquiry fair and proper?

Yes.

2.

If findings perverse?

No.

REASONS

Issue No.1 :

8. In this respect the Id. adv. for the first party at the

outset submitted that it is vaguely contended in the

statement of claim and affidavit that there was violation of

principles of natural justice and fair and proper opportunity

was not given to the workman to defend himself before the

Inquiry Officer. However there is no specific pleading as to

how there was violation of principle of natural justice. On

the other hand the Id. adv. pointed out that there is no

dispute that the workman and 13 others were served with

charge sheet. The workman has admitted in his cross

examination at Ex-15 that he was represented by their union

leader Mr. Apraj. He also admitted that the IO has taken on

record all their objections. He has also admitted that copies

of documents produced by management were given to

them. He also admitted in his cross that his defence

representative cross examined all the witnesses in the

inquiry proceeding and he was present on all the dates and

had participated in the inquiry proceeding. It shows that

inquiry officer has given him full and fair opportunity to

defend himself. The workman has not pointed out

specifically the fault in the inquiry proceeding. In the

circumstances such a vague allegation of violation of

principles of natural justice are not sufficient to set aside

the inquiry. On the other hand after perusing the cross

examination of the workman at Ex-15 it is revealed that the

inquiry officer had given fair and proper opportunity to the

workman to defend himself through his defence

representative, Mr. Apraj. On the point Apex Court ruling

can be resorted to in Sur Enamel and Stamping Works Ltd.

Vs. Their Workmen 1963 II LLJ 367 wherein the Hon'ble

Apex Court laid down the following conditions for fair and

proper domestic inquiry. They are:

(1) The employee proceeded against has been

informed clearly of the charges levelled against him;

(2) The witnesses are examined-ordinarily in the

presence of the employee in respect of the charges;

(3) The employee is given a fair opportunity to cross

examine witnesses;

(4) He is given a fair opportunity to examine witnesses

including himself in his defence if he so wishes on

any relevant matter; and

(5) The inquiry officer records his findings with

reasons for the same in his report.

9. As per the aforesaid guidelines of the Apex Court

all the points were complied with. The workman was

informed clearly the charges levelled against him. The

inquiry was conducted in presence and all the witnesses

were examined in his presence. Copies of all the documents

were given to him. He was given fair and proper opportunity

to cross examine all the witnesses. He was given fair

opportunity to examine witnesses including himself in his

defence and the Inquiry Officer has recorded his findings

with reasons for the same in his report. In this backdrop I

come to the conclusion that the inquiry was fair and proper.

Accordingly I decide this issue no.1 in the affirmative.

Issue No.2:

10. In respect of the findings of the Inquiry Officer it

is vaguely contended that they are perverse. However

details thereof are not given as to how they are perverse.

On the other hand the findings of the IO are based on and

are in consonance with the evidence on record. All the

witnesses were examined in presence of the workman and

they were thoroughly cross examined by the defence

representative of the workman. However nothing adverse

was revealed. The evidence on record indicates the guilt of

the workman. In this respect the Id. adv. for the second

party mainly relied upon the fact that the workman was

acquitted by the Metropolitan Magistrate in the criminal

case in respect of the same incident and on the basis of

same evidence which was before Inquiry Officer. Therefore

he submitted that the findings of the IO are perverse as

they are contrary to the findings recorded by the Criminal

Court. In this respect it was rightly pointed out by the Id.

adv. of the first party that, the law on the point is well

settled that in criminal trial the standard of proof is very

high. The charge therein is required to be proved beyond

all reasonable doubts. Whereas in the domestic inquiry

standard of proof is not that high as like in criminal trials

and preponderance of probability suffice the purpose.

Therefore though the workman was acquitted in the

criminal trial it need not affect the verdict and the findings

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5763

of the IO as there is difference in standard of proof as

observed above. On the point Apex Court ruling can be

resorted to in Suresh Pathrela Vs. Orient Bank of Commerce

2007 2 SCT 715 wherein Apex Court observed that;

"It is well settled principle of law that the yardstick

and standard of proof in criminal case is different

from the disciplinary proceeding. While the standard

of proof in a criminal case is a proof beyond all

reasonable doubt, the proof in departmental

proceeding is preponderance of probability. "

11. The findings of the Inquiry Officer which are

based on the evidence on record and consistent thereto

thus the same cannot be called perverse merely as the

workman is acquitted in the criminal case. In this respect I

would also like to point out that, the Tribunal is not sitting

as an appellate court to scrutinize the findings which are

prima facie based on the evidence on record. On the point

Apex Court ruling can be resorted to in US State Road

Transport Corporation & Ors Vs. Musais Ram & Ors. 1999

(83) FLR 226 (SC) wherein on the point Hon'ble Court

observed that:

"The Court does not sit in appeal over the findings

of the Inquiry Officer. If the findings are based on

uncontroverted material placed before the IO, it

cannot be said that these findings are perverse."

12. In short, as the findings of the Inquiry Officer are

based on evidence before him and are not contrary to the

evidence on record thus the same cannot be called

perverse. In the circumstances I hold that the findings of

the IO are not perverse. Accordingly I decide this issue

no.2 in the negative and proceed to pass the following

order:

ORDER

(i) The inquiry is held fair and proper.

(ii) Findings of the Inquiry Officer are not perverse.

(iii) The parties are directed to argue/lead evidence

on the point of quantum of punishment.

Dated : 1-7-2013

K.B. KATAKE, Presiding officer

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New Delhi, the 3rd September, 2013

S.O. 2129.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 37/2001)

of the Labour Court, Kolhapur now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the management of Corporation Bank and

their workman, which was received by the Central

Government on 20.06.2013.

[No. L-12012/19/2001-IR (B-II)]

SUMATI SAKLANI, Section Officer

ANNEXURE

PRESIDING OFFICER, LABOUR COURT NO. 1,

KOLHAPUR

( Before Shri. B.C. Kamble )

Reference No. 37/2001

Exh. No.

The Chairman & Managing Director,

Corporation Bank, Head Office,

Mangaladevi Temple Road, P.B.No.88,

Mangalore -575 001.

..First Party

Vs.

Kundan Dattatraya Satpute,

61 -B, Subhash Nagar,

Kolhapur -416 002.

..Second Party

APPEARANCES : Adv. Shri. U.B. Jadhav for first party.

Adv. Shri. D.S. Joshi for second party.

AWARD

(Date: 17-05-2013)

This is a reference referred by Central Government

of India under Section 10 of Industrial Disputes Act.

2. Brief facts of reference are as under—

It is averred by Second party that he was temporary/

daily wages employee and thereafter he was regularized as

peon from 22-12-1982 in the employment of the first party.

on 10.04.1995

Royal Stores Kolhapur has made complaint

to the first party bank that they have not received amounts

of the material purchased by the bank for the period from

11-01-1994 to 17-02-1995. On 14-09-1995 the owner of Royal

Stores Kolhapur has informed to the first party bank that

they have received due amount from the bank and that

they have issued receipt to the bank. Inspite of this fact

the first party bank issued charge-sheet to the second party

and suspended him by an order dated 09-11-1995 alleging

5764

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

therein that he has misappropriated an amount of Rs. 6082/-

They have conducted departmental enquiry against him.

They have not followed principles of natural justice in the

enquiry. The findings of the Enquiry officer are perverse.

They have not considered his past unblemished service

record. On 30-12-1996 they have illegally terminated his

service. He has filed first & second departmental appeal

but both appeals are rejected. Punishment is shockingly

disproportionate. He is sole bread earner of his family.

Lastly, he has prayed for reinstatement with continuity of

service and full back wages.

3. In pursuance of notice first party appeared and

filed their W.S. at Exh. C-16. They have resisted and denied

contentions by second party in statement of claim. They

have stated that second party has committed

misappropriation of an amount of Rs. 6082/-. They have

given charge-sheet to the second party. Second party

workman has taken participation in enquiry. They have

followed principles of natural justice. They have given

proper opportunity to second party to lead his evidence-

Enquiry officer has rightly come to the conclusion that the

second party has misappropriated an amount of Rs. 6082/-

and committed misconduct. Departmental first and second

appeal are dismissed. Punishment is legal and proper. Lastly

they have prayed for dismissal of reference with costs.

4. Second party workman has not filed any document

in a reference.

5. First party has submitted documents with list at

Exh. C-24, C-36, C-40 and C-42.

6. Second party workman Shri. Kundan Dattatraya

Satpute examined himself at Exh. U-46 and filed evidence

close purshis at Exh. U-48.

7. First party has examined witnesses Shri Prakash

Khemchand Shah, Shri. V. Suryanarayan and Ashok Bajirao

Patil at Exh. C-35, C-38 and C-41 respectively. Inspite of

given sufficient opportunity first party has failed to adduce

evidence in a reference. Their evidence is closed vide order

passed below Exh. U-9 on 23-07-2009.

8. Following issues are framed at Exh. O-17 and I

have recorded my findings against them for the reasons

stated below.

ISSUES

FINDINGS

01)

Whether enquiry conducted against

.Redundant

second party is fair and proper?

02)

Whether finding of Enquiry officer

.Redundant

is perverse?

03)

Whether termination of service of

.No.

second party is illegal?

04)

Whether second party is entitled for

.No.

reinstatement with full back wages

as prayed for?

05)

What order?

..As per

final order.

REASONS

9. Issue Nos. 1 & 2 :— It appears that on 16-02-2009

Court has held that enquiry conducted against second

party is illegal and finding of enquiry officer is perverse.

Therefore Issue Nos. 1 and 2 would be redundant.

Accordingly, I record my finding on issue Nos. 1 and 2.

10. Issue Nos. 3 & 4:— As per contention of second

party that he was temporary/daily wages employee and

thereafter he was regularized as peon from 22-12-1982 in

the employment of the first party. On 10-04-1995 Royal

Stores Kolhapur has made complaint to the first party bank

that they have not received amount of the material

purchased by the bank for the from 11-01-1994 to

17-02-1995. On 14-09-1995 the owner of Royal Stores

Kolhapur has informed to the first party bank that they

have received due amount from the bank and that they

have issued receipt to the bank. Inspite of this fact the first

party bank issued charge-sheet to the second party and

suspended him by an order dated 09-11-1995 alleging

therein that he has misappropriated an amount of Rs. 6082.

They have conducted departmental enquiry against him.

They have not followed principles of natural justice in the

enquiry. The findings of the Enquiry officer are perverse.

They have not considered his past unblemished service

record. On 30-12-1996 they have illegally terminated his

service. He has filed first & second departmental appeal

but both appeals are rejected. Punishment is shockingly

disproportionate. While first party have stated that second

party has committed misappropriation of an amount of

Rs. 6082/-. They have given charge- sheet to the second

party. Second party workman has taken participation in

enquiry. They have followed principles of natural justice.

They have given proper opportunity to second party to

lead his evidence. Enquiry officer has rightly come to the

conclusion that the second party has misappropriated an

amount of Rs. 6082 and committed misconduct.

Departmental first and second appeal are dismissed.

Punishment is legal and proper. Now it has to be seen to

termination of service of second party is illegal.

11. Ld. Advocate for second party has submitted as

under—

(1)

That, second party was working as peon with

first party.

(2)

That, on 14-09-1995 the owner of Royal Stores

Kolhapur has informed to first party bank that

they have received due amount from bank.

(3)

That, on 10-04-1995 Royal Stores Kolhapur has

given inadvertently letter to first party bank.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5765

(4)

That, second party has not misappropriated an

amount of Rs. 6082.

(5)

That, first party has not considered his past

unblemished service record.

(6)

That, first party have illegally terminated his

service.

(7)

That,

punishment

is

shockingly

disproportionate.

(8)

That, second party is entitled for relief as prayed

for.

12. Ld. Advocate for first party has submitted as

under and in support of his contention he has filed citation

thereunder—

(1)

That, on 10-04-1995 Royal Stores Kolhapur has

given letter contending that sum of Rs. 6287 is

due from bank.

(2)

That, second party has misappropriated an

amount of Rs. 6082 and the management has

lost faith in such employee.

2010 III C.L.R. Pg. No. 526, Beerth Rau Ke

Co- op.. .. & Anr. Vs. Presiding Officer & Ors.

(3)

That, charges against second party are not

casual in nature and are serious.

2005 I C.L.R. Pq.No. 821, Damoh Panna Sagar

Rural Regional Bank & Ors. Vs. Munna Lal

Jain

(4)

That, departmental first and second appeals are

dismissed.

(5)

That, punishment is legal and proper.

(6)

That, second party is not entitled for relief as

prayed for.

13. On perusal proceeding and documents placed on

record it appears that second party has stated that he was

working as peon with first party bank. He has regularly

paid an amount in respect of stationary supplied by Royal

Stores Kolhapur. Shri Prakash Khemchand Shah —

proprietor Royal Stores, Kolahpur has disposed before

Enquiry Officer that he has received money of bills entirely.

They have used to receive bill amount regularly as and

when stationary was supplied and credit memos were issued

to the bank, because they keep on changing clerks, new

clerks could not maintain cash received record correctly,

hence they wrote above mentioned letters i.e. letters dated

and 10-04-1995 and 19.04.1995 to the bank. Second party

has further stated that he has not misappropriated an

amount of Rs. 6082. Bank has not considered his past not

unblemished service record. They have illegally terminated

his service.

14. First party has examined to Shri Prakash

Khemchand Shah. He has stated that second party was

taking out stationary from their shop. He was paying an

amount to them. They were giving receipts to him. On

10-04-1995 they have issued letter to first party bank

contending that they have not received amount of Rs. 6287

for materials purchased by bank for period from 11-01-1994

to 17-02-1995. On 19-04-1995 they have received an amount

of material supplied to bank.

15. It has come in evidence of management witness

Shri. V. Suryanarayan that the bank use to purchase the

stationary material from Royal Stores, Kolhapur. The said

material was purchased through sub staff Shri. Kundan

Satpute i.e. second party. The bank received compalint

from M/s. Royal Stores dated 10-04-1995. Said complaint is

on record at Exh. C-35 Sr.No. 1. As per said complaint

M/s. Royal Stores communicated to the bank that the amount

of Rs. 6287 were dues to the Royal Stores from the bank.

When said, complaint was received by the Bank he

immediately asked Mr. Kiran Mane and Shri Ashok Patil to

go to the Royal Stores and to find out the details of the

complaint. He asked to Royal Stores to submit the details

of the due amount. Accordingly, M/s. Royal Stores

submitted the details of due amount as per the letter dated

19-04-1995. Along with said letter M/s. Royal Stores has

send the zerox copies of the bills to the bank. Said letter

and the copies of the bills are at Exh. C-35 Sr.No. 2. As per

the said bills the material was supplied to the Bank through

second party. There are signature of Shri Kundan Satpute

on the said bills as the receiver of the material from Royal

Stores. When the complaint was received by him from the

Royal Stores, the bank came to know that the amount was

not paid to the Royal Stores by second party. When the

material was purchased from Royal Stores and the bill was

brought by the second party and submitted to hlm, he

verified the bill and the material which was purchased from

Royal Stores during his period. After verifying the material

he had made remark and also signed on the back of the bill

and sent the said bills for the preparation of the cash debit

vouchers. The amount of the bill was paid to the second

party by cash debit vouchers. The said cash debit vouchers

are on the record at Exh. C-35 Sr.No. 4. As per the said

vouchers the amount was actually paid to second party to

make payment to M/s. Royal Stores. It was the duty of

second party to pay said amount to Royal Stores

immediately. He further stated that there are signatures of

second party on the back side of the vouchers. As per said

vouchers the payment was made to second party, but he

has not paid the same to Royal Stores. He has

misappropriated an amount of Rs. 6287.

16. Management witness Ashok Bajirao Patil has

stated before Court that second party was working as peon

with first party bank. He was purchasing stationary for

bank from Royal Stores Kolhapur. He was submitting bills

5766

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

to bank. He was taking an amount for bills through

vouchers. On 10-04-1995 Royal Stores Kolhapur sent letter

contending that they have not received Rs. 6082/- from

Bank. Second party has misappropriated an amount of

Rs. 6082/-. On 19-04-1995 he has paid misappropriate

amount to Royal Stores.

17. It appears that management witness Prakash

Khemchand Shah has stated before Enquiry Officer that

he has received money of bills entirely. They have used to

receive bill amount regularly as and when stationary was

supplied and credit memos were issued to the bank, because

they keep on changing clerks, new clerks could not maintain

cash received record correctly, hence they wrote above

mentioned letters i.e. letters dated 10-04- 1995 and

19-04-1995 to the bank. He has merely stated in his cross-

examination before Court that letter dated 15-11-1995 filed

in enquiry. It's contents are correct. It bears his signature

and seal. Letter dated 15.11.1995 is not placed on record

before Court. On 19.04.1995 second party has paid Rs.

6257/- to Royal Stores Kolhapur. Payment receipt is placed

on record. Hence documentary evidence shall prevail than

oral statement given by him in his cross-examination before

Enquiry Officer.

18. It further appears that on 09-11-1995 first party

has issued charge-sheet to second party. The allegations/

charge levelled against him are as follows. That during the

period from 11-01-1994 to 17-02-1995 M/s. Royal Stores,

Kolhapur had supplied through the second party various

stationary items of stock for amounts aggregating Rs. 6082/-

to Kolhapur Branch under their various credit bills. That

the amounts payable in respect of the said bills were debited

at the branch either on the dates of the bills or on

subsequent dates and the said amounts had been entrusted

to the second party against his acknowledgment on the

reverse of the relative cash debit slips, for making payment

to the party as detail below:

Sr.

Bill No. and date of

Amount Rs.

Date of payment at the

No. Royal Stores Kolhapur

branch/date of receipt

of amount by the

employee

1

2

3

4

1.

16004 dated 11.01.1994

172.50

11.01.1994

2.

16354 dated 12.02.1994

77.00

12.02.1994

3.

16479 dated 23.02.1994

89.00

24.02.1994

4.

16569 dated 05.03.1994

255.00

07.03.1994

5.

16570 dated 07.03.1994

255.00

07.03.1994

6.

17248 dated 04.05.1994

425.00

04.05.1994

7.

17421 dated 21.05.1994

75.00

21.05.1994

8.

17578 dated 17.06.1994

493.00

17.06.1994

9.

17743 dated 16.07.1994

485.00

18.07.1994

10. 18144 dated 24.08.1994

298.00

24.08.1994

11. 18292 dated 12.09.1994

156.00

12.09.1994

12. 18293 dated 12.09.1994

625.00

12.09.1994

13. 18296 dated 12.09.1994

91.00

12.09.1994

14. 18710 dated 25.10.1994

325.00

25.10.1994

15. 18814 dated 01.11.1994

123.00

10.11.1994

16. 18908 dated 23.11.1994

399.00

23.11.1994

17. 19039 dated 07.12.1994

372.00

08.12.1994

18. 19195 dated 23.12.1994

236.00

23.12.1994

19. 19500 dated 24.12.1994

291.00

25.01.1995

20. 19560 dated 31.01.1995

625.00

31.01.1995

21. 19561 dated 31.01.1995

83.00

31.01.1995

22. 19697 dated 17.02.1995

131.00

17.02.1995

Total:

6082.00

19. It appears that the second party failed to pay the

aforesaid amount aggregating of Rs. 6082/- to Royal Stores

Kolhapur on the respective dates of receipt of amounts by

him from the bank. After receiving complaint dated

10-04-1995 he has paid Rs. 6082/- to M/s. Royal stores on

19-04-1995. Thus, it appears that second party has

temporarily misappropriated the various amounts dates of

debit of the respective amounts at the branch till 19-04-

1995. He can not be allowed to continue in service as the

management loses faith in such employee. His departmental

first and second appeals are dismissed. Punishment is legal

and proper. In such circumstances I do not find any

substance in contention raised by second party and his

advocate.

20. As per aforesaid discussion and considering

principles laid down in above citations, it appears that

termination of service of second party is legal and due to

that he is not entitled for reinstatement with full backwages

as prayed for. Hence I record my findings on Issue No.3 &

4 in the negative.

21. Issue No. 5 :- In view of negative finding on

Issue Nos. 3 and 4 that termination of service of second

party is legal and due to that he is not entitled for

reinstatement with full back wages as prayed for. In the

result I proceed to pass following order.

AWARD

(1)Reference is answered in the negative.

(2)Demand of second party is hereby rejected.

(3)No order as to costs.

(4)Inform to the Government of India.

(5)Award be published accordingly.

Place : Kolhapur.

B.C. KAMBLE, Presiding Officer

Date: 17-05-2013

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New Delhi, the 3rd September, 2013

S.O. 2130.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 03 (C)

of 2009) of the Cent. Govt. Indus. Tribunal/Labour Court

Patna now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Bank of India and their workman, which

was received by the Central Government on 20.08.2013.

[No. L-12012/19/2009-IR(B-II)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE PRESIDING OFFICER INDUSTRIAL

TRIBUNAL, PATNA

Referenge Case No.: 03 (C) of 2009

Between The Zonal Manager, Bank of India, Zonal

Office, Punkaj Market, Suraiya Ganj, Muzaffarpur and Shri

Vinay Prakash, Villlage-Belbanwa, Shivpuri, P.O. & Distt.

Motihari Distt. East Champaran ( Bihar ).

For the management : Shree Binay Bihari Sharan,

Advocate.

For the workman :

Shree Rakesh Kumar Tiwairy,

Advocate.

Present :

Harish Chandra Singh,

Presiding Officer,

Industrial Tribunal, Patna.

AWARD

Patna, dated 7th December, 2012

By adjudication order No. L-12012/19/2009-IR(B-II)

dated 01.07.2009 the Central Government (Government of

India) Ministry of Labour/Shram Mantralaya, New Delhi

referred under Clause (d) of sub-section (1) and sub-section

2(A) of section 10 of The Industrial Disputes Act, 1947

(hereinafter to be referred as' the Act') the following dispute

between the Zonal Manager, Bank of India, Zonal Office,

Punkaj Market, Suraiya Ganj, Muzaffarpur and their

workman Vinay Prakash for adjudication to the Central

Government Industrial Tribunal-cum-Labour Court, Patna

(Bihar).

SCHEDULE

"(A) Whether the action of the managmenet of Bank

of India, Zonal Office, Muzaffarpur Zone in

terminating of the services of the casual worker, Sri

Vinay Prakash without complying section 25 (F) of

I.D. Act is legal & justified? (B) Whether the

management is justifed in not regularising the service

of Sh. Vinay Prakash, casual worker? What relief the

workman is entitled to?"

2. The case of the workman as stated in statement of

claim is that he was taken into employment in Bank of

India, Motihari Branch in the year 1988 as daily rated peon,

Grade-IV staff. In the year-1988 he was paid wages @

Rs. 15/- per day which was subsequently raised to Rs. 20/-,

then to Rs. 45/- then to Rs. 60/- and lastly to Rs 70/- per

day. Work assigned to him was perennial in nature. He

continuously worked at Motihari Branch till 02.01.2008.

The duty assigned to him was to supply water, tea etc. to

Bank staff, he carried documents, ledgers, cheques and

pay-in-slip, vouchers and other documents from one desk

to another and also kept them at proper place. He worked

under the full and direct control/supervision of officials of

the bank. The case of workman is that if his service are

discontinued, the bank shall have to appoint another person

for these duties. Upto year 1993 he was paid wages against

vouchers duly signed by him. Thereafter, bank officials

started a new mode of payment in cash by the Branch

Manager but the vouchers were signed and cash withdrawn

by the Branch Manager showing "Coolie" payment. The

workman has repeatedly stated in his statement of claim

that the nature of duty assigned of him were permanent

and required through out the year. Services of person like

him for such duty were required by the Bank on permanent

basis but his legitimate right to be considered to be made

permanent was denied by the Bank. The workman has

further stated in his pleadings that in his place another

person Pawan Hazara was appointed as a peon where as

the workman was senior to Pawan Hazara. Further the case

of the workman is that at the time of his appointment he

was assured by the Branch Manager that his service will

be made permanent. Similar assurance was given by the

successor also. Recognised union of workmen raised this

matter relating to regularisation with management on

number of occassions but the management did not even

discuss. On 02.01.2008 the service of workman Vinay

Prakash were terminated orally without stating any reason

and without tendering any retrenchment compensation or

pay in lieu of notice as per section-25-F of the I.D. Act. The

workman has repeatedly stated in his statement of claim

that he rendered continuous service to bank since 1988 to

02.01.2008. He worked for more than 240 days within

12 calendar month's immediatly preceding the date of his

termination. Action of the management of orally terminating

service of workman with effect from 02.01.2008 is illegal,

unjustified and arbitrary and the workman is entitled to

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[PART II—SEC. 3(ii)]

reinstatement in the service with full back wages and

consequential benefits. After his termination the workman

raised an Industrial Dispute through statement of demand

dated 18.07.2008 and after failures of conciliation

proceeding this reference has been made.

3. The case of the management has been stated in

their written statement dated 22.01.2010. The management

did not dispute the statement made in 1 to 6 of the statement

of claim of the workman stating that these are matters of

records. However, the case of the management is that the

workman was never appointed in the service of Bank and

as such the question of termination of his service did not

arise. It has also been denied that the workman

continuously worked upto 02.01.2008. The case of the

management is that the workman was engaged as casual

worker to work in the Branch as per requirement of the

Bank from time to time. He never worked 240 days in any

calendar year. He used to be engaged for casual work as a

casual employee for the particular days and as such

termination of his service used to come at the end of the

day. It is also denied the workman handled the Bank Register

and documents of the Branch. He was engaged as a

"coolie" of the Branch for cleaning and sweeping as per

requirement availability of the work. He was never paid

wages on monthly basis. There are many branches of the

bank were is no peon is working. There was no need of any

peon at Motihari Branch also. His services were not

required on the permanent basis and work performed by

him were not of permanent nature. There is no provision of

regularisation of casual workers in the Bank service. If at

all there is any vacancies, the bank being a Govt.

undertaking is bound to advertise the vacancies for equal

opportunity for all eligible candidates. In such cases the

bank is bound to follow certain set of procedure for,

recruitment/selection/appointment. The workman never

worked continuously for 20 years in the branch and he was

never given assurance to be made permanent. Casual worker

is not indispensible to the Bank. It has been stated

repeatedly that the workman Vinay Prakash never completed

240 days within twelve calendar months immediately

preceding the date of his termination. He is not entitled to

protection of U/S- 25- F of the I.D. Act.

4. On the basis of pleadings of the parties following

question arise for determination in the reference:—

(i) "Whether Vinay Prakash is a "workman" as

defined in the I.D. Act and whether for that

purpose he has proved that the worked for 240

days or more within 12 calendar months

immediately preceding the date of termination?"

(ii) "Whether the action of the management

terminating his service is legal and justified?"

(iii) "Whether the management is justified is not

regularising the service of Vinay Prakash?"

(iv) "To what relief the workman is entitled to?"

FINDINGS

5. Issue No. (i):— The case of the workman is that he

was taken into employment in the year 1988 as a daily rated

peon Grade-IV staff in Motihari Branch Bank of India. He

worked continuously till 02.01.2008. On that date his

services were terminated. In the beginning i.e. in the year

1988 he was paid @ Rs 15/- per day which was increased

from time to time to Rs. 20/-, Rs.45/-, Rs. 60/- and lastly to

Rs. 70/- per day. Upto 1993 he was paid through Vouchers

duly signed by him. After 1993 the management devised a

new method of payment to him. In this new method the

Branch Manager obtained payment on the basis of

vouchers signed by him and paid cash to the workman

without obtain his signature on any vouchers. This was

called "coolie" payment. The management has denied that

the workman Vinay Prakash worked continuously and

regularly but this much has been admitted that his services

were taken as casual worker as and when required. He

never completed continuously 240 days working within 12

calendar months immediately preceding the date of his

alleged termination.

It is well settled that the onus to prove that he worked

for 240 days within 12 calendar months immediately

preceding the date of his termination is on the workman. In

this regard it has been held by the Hon'ble Supreme Court

in the case of R.M. Yellatty V. Assistant Executive Engineer

(2006 ) 1 SCC 106.

"However, applying general principles and on reading

the aforesaid judgements, we find that this Court,

has repeatedly taken the view that the burden of

proof is on the claimant to show that he had worked

for 240 days in a given year. This burden is

discharged only upon the workman stepping up in

the witness box. This burden is discharged upon the

workman adducing cogent evidence both oral and

documentry. In cases of termination of services of

daily-wages earners, there will be no letter of

appointment of termination. There will also be no

receipt of proof of payment. Thus in most cases, the

workman (the claimant) can only call upon the

employer to produce before the Court the nominal

muster roll for the given period, the letter of

appointment of termination, if any, the wage register,

the attendence register, etc. Drawing of adverse

inference ultimately would depend thereafter on the

facts of each case."

Again in the case of Director, Fisheries Terminal

Division Vs. Bhikubhai Meghajibhai Chavda. AIR 2010 SCC

1236 aforesaid preposition of law was quoted with approval

and applied. It was held that:—

"Applying the principles laid down in the above case

by this court, the evidence produced by the

appellants has not been consistent. The appellants

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5769

claim that the respondent did not work for 240 days.

The respondent was a workman hired on a daily wage

basis. So it is obvious, as this court pointed out in

the above case that he would have difficulty in

having access to all the official documents, muster

rolls etc. in connection with his service. He has come

forward and deposed, so in opinion the burden of

proof shifts to the employer/appellants to prove that

he did not complete 240 days of service in the

requisite period to constitute continuouss service.

It is the contention of the appellant that the service

of the respondent were terminated in 1988. The

witness produced by the appellant stated that the

respondend stopped coming to work from February,

1988. The documentary evidence produced by the

appellant is contradictory to this fact as it shows

that the respondent was working during February,

1989 also. It has also been observed by the High

Court that the muster roll for 1986-87 was not

completely produced. The appellants have

inexplicably failed to produced the complete records

and muster roll from 1985 to 1991, in spite of the

direction issued by the Labour Court to produced

the same. In fact there has been practically no

challenge to the deposition of the respondent during

cross-examination. In this regard. It would be

pertinent to mention the observation of three-Judge

Bench of this court in the case of Municipal

Corporation, Faridabad Vs. Siri Niwas [(2004) 8 SCC

195]: (2004 AIR SCW 5184). Where it is observed.

" A Court of law even in a case where provision of

the Indian Evidence Act apply, may presume or may

not presume that if a party despite possession of the

best evidence had not produced the same, it would

have gone against this contention. The matter,

however, would be different where despite direction

by a court the evidence is withheld."

Facts of the present case are very much similar. In

this case also the workman has discharged his onus by

stepping in witness box and stating that he worked in

Motihari Branch, Bank of India from 1988 to 02.01.2008

continuously. Initially he was paid wages at the rate of

Rs. 15 per day, then it was raised to Rs. 20, then to Rs. 45

and to Rs. 60. Lastly at the time of termination he was

getting Rs. 70 per day. Initially he was paid through

vouchers duly signed by him. This system of payment of

wages was continuing upto 1993. Thereafter Bank officials

started a new system. Branch Manager withdrew cash

against vouchers signed by himself and made cash

payment to the workman as payment of "coolie ". Workman

filed photo copy of registers showing payment to him in

1991 and 1992. Pages of this register are Exts.- W/6, W/7,

W/8, W/9, W/10, W/11 ,W/12, W/13, W/14, W/15, W/16

and W/18. He has further stated that within 12 calendar

month immediately preceding the termination he worked

continuously more than 240 days. Now onus shifts to the

management to prove otherwise particularly when it is

admitted in the pleading as well as in the evidence i.e.

witness of the management that the workman Vinay Prakash

was engaged as casual worker to perform certain work at

Motihari Branch, Bank of India. This statement has been

qualified only to the extent that he did not work

continuously and his services were taken as and when

required. M.W-1 Raj Kishore Prasad has stated that he was

posted at Motihari Branch, Bank of India from 1984 to 2004.

Presently he is working as Branch Manager of another

branch. He has admitted in his cross-examination that Vinay

Prakash some time worked as casual worker during the

period of his posting at Motihari Branch. About the

procedure of payment to casual worker he has admitted

that branch managner drew money for Misc. charges and

the same was paid to the casual labourer. This payment

was made through profit and loss vouchers. He has also

admitted payment register of Bank of India for the period

1991-92 Ext.- W/6 to W/18 discussed above. Another

witness M.W-2 (Ajay Kumar Sinha) has also admitted that

he worked with Vinay Prakash on some occassions. He

was posted at Motihari Branch in 1989 and Saw Vinay

Prakash working of daily wages "Collie". The workman

examined an independent witness W.W. 2 ( Manoj Kumar)

who claims to be consumer of Motihari Branch of Bank of

India. He has stated that he Saw Vinay Prakash working in

the Bank continuously since 1996 to January, 2008. Vinay

Prakash was removed from service in his presence. Ext.-W/1

is a certificiate dt. 26.10.1991 given by Branch Manager of

Motihari Branch of Bank of India to the effect that Vinay

Prakash had been working purely of casual basis since

1988. Ext.W/2 and W/3 are letters from the bank addressed

to the Assistant Labour Commissioner in which it has been

stated that Sri Vinay Prakash was daily wages worker/coolie

whose service were used by the branch as per their

requirement.

Incourse of proceedings before this tribunal the

workman filed a petition on 08.02.2010 making a prayer to

call for following documents from the management so that

the evidence of his working in the bank and payment to

him by the bank may be available.

(i) P/L analysis book, 1988 to January, 2008.

(ii) Vouchers from 1988 to January, 2008.

(iii) Duty register, payment register from 1988 to

January, 2008.

Vide order sheet dated 13.04.2010 the management

was directed to produce these document on the next date

fixed. Thereafter on 03.05.2010 the order was modifide to

the extent that management would produce firstly the

document relating to the year 1988 and for the period from

January, 2007 to January 2008. It was made clear that the

management may be required in future to produce the

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[PART II—SEC. 3(ii)]

documents for remaining period, if feet to be necessary by

the tribunal. But the management did not produce these

documents relating to period 2007-08. Attendance register

of permanent employees for 1988 Ext. M/1 was filed. Photo

copy of attendence register of permanent employees in the

year 2007 was filed which is Ext.-M/2. Photo copy of

attendence register of permanent employee for the year

2008 was also filed which is Ext. M/3. Photo copy of salary

sheet of permanent employee was filed which is Ext. 4 & 5

series. These documents are not at all related with the

workman Vinay Prakash. Admittedly he was, engaged and

worked in Motihari branch of the bank on daily wages for

which he has been paid. The bank in all their fairness were

required to produce vouchers showing the payment to

Vinay Prakash either signed by Vinay Prakash himself or

signed by Branch Manager and then paid to Vinay Prakash.

It is obvious that the bank has deliberately withheld these

document. No explanation came forward from the bank as

to why these documents were not produced. Therefore in

this case having regard to the facts and circumstances of

the case there are sufficient reasons to draw adverse

inference against the bank. Thus having taken into

consideration the evidance of the workman W.W. 1 and

witness examined by the workman W.W. 2, evidence of

M.W. 1 and M.W. 2 and also having considered the

documents Exts. W/6 to W/18, W/1, W/2, W/3 and also

documents filed on behalf of the management and also

having regard to the adverse inference which may be

against the management I am of the view that there are

sufficient reasons to believe that the Vinay Prakash worked

for more than 240 days continuously within 12 calendar

month's immediately preceding the date of termination of

his service and therefore he is a workman.

Issue No. (ii):—In the foregoing paragraph my

finding is that Vinay Prakash is a workman as defined in the

Industrial Dispute Act. Therefore, he is entitled to

protection u/s-25-F of the I.D. Act. Admittedly section 25-

F of the I.D. Act has not been complied with. No notice, or

salary in lieu of notice or compensation has been given to

the workman. It may be noted that non-continuation of a

daily wager workman is retrenchment and termination.

Therefore, compliance of section-25 of the I.D. Act and

payment of compensation was necessary therefore,

termination of his service without compliance of the I.D.

Act is illegally and unjustified.

Issue No. (iii):—The government has referred the

dispute regarding regularisation of service of Sri Vinay

Prakash to this tribunal for adjudication in these words:—

"whether the management is justified in not regularising

the service of Sri Vinay Prakash casual worker?" I have

already held in to foregoing going paragraphs that Vinay

Prakash was a casual worker working in Motihari Branch

of Bank of India. The workman in his oral evidence as well

as in his pleadings has stated that he was engaged on

daily wages basis against a permanent post. Admittedly he

was engaged on daily wages basis. The case of the

management is that there is no permanent post of peon in

Motihari Branch. Again the case of the workman is that the

work done by him was perinnial in nature. He made several

requests for regularisation of service but he was not

regularised. The workman has not produced any document

to show that any demand was raised prior to termination

for regularisation of his service. No such demand was made

either by the workman himself or by any union of workmen.

There was no demand of regularisation of service of Vinay

Prakash. Therefore, there was no question of regularisation

or service of Vinay Prakash and can not be any Industrial

Dispute in this regard. Moreover, he was daily wages

employee on the daily wages as casual labour and there is

nothing on record to show that he was working against

any sanctioned post. Therefore, the stand of the bank that

his service could not be regularised is correct and the bank

is justified in not regularising the service of Vinay Prakash.

Issue No.(iv):—I have already held that the workman

Vinay Prakash was removed from service without

compliance of provisions of section 25-F of the I.D. Act.

The workman has made a prayer for reinstatement with

back wages. Admittedly he was daily wager. Recent trend

of decisions of the Hon'ble Apex Court is not in favour of

re-instatement of daily wagers. In case of Jagbir Singh Vs.

Haryana State Agriculture Marketing Board and another

(2009 ) 15 SCC 327: (AIR 2009 SCC 3004: 2009 AIR SCW

4824) it was held that:—

"It is true that the earlier view of this court articulated

in many decisions reflected the legal position that if

the termination of an employee was found to be

illegal, the relief of reinstatement with full back wages

would ordinarily follow. However, in recent past,

there has been a shift in the legal position and in a

long line of cases, this court has consistently taken

the view that relief by way of reinstatement with back

wages is not automatic and may be wholly

inappropriate in a given fact-situation even though

the termination of an employee is in contravention

of the prescribed procedure. Compensation instead

of has been held to meet the ends of justice.

* * * * * * *

"It would be, thus, seen that by a catena of decision

in recent time, this court has clearly laid down that

an order of retrenchment passed in violation of

Section-25F although may be set aside but an award

of reinstatement should not, however, be

automatically passed. The awad of reinstatement with

full back wages in a case where the workman has

completed 240 days of work in a year preceding the

date of termination, particularly, daily wagers has

not been found to be proper by this court and instead

compensation has been awarded. This court has

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5771

distinguished between a daily wager who does not

hold post and a permanent employee."

In this case I am of the view that inspite of my findings

that termination of service of Sri Vinay Prakash is illegal

and not just because of violation of provisions of section

25-F of the I.D. Act, the relief of reinstatement with back

wages will not follow automatically. In my considered

opinion monetary compensation will meet the ends of

justice. In this case the workman has worked for about 20

years as a daily wager. He worked for the bank from 1988 to

January 2008.

Having regard to facts and circumstances of the case

I am of the view that the monetary compensation of

Rs. 1,25,000 (Rs. One Lakh Twenty Five Thousand) only

will be meet of ends of justice. The management of Bank of

India is directed to pay of Rs. 1,25,000 (Rs. One Lakh Twenty

Five Thousand) only as monetary compensation to Vinay

Prakash within one month from the date of publication of

this award.

And this is my award accordingly.

Dictated & Corrected by me.

HARISH CHANDRA SINGH, Presiding Officer

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New Delhi, the 5th September, 2013

S.O. 2131.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 281/

2003) of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Nagpur as shown in the Annexure, in the industrial dispute

between the management of Food Corporation of India,

and their workmen, received by the Central Government on

05/09/2013.

[No. L-22012/224/2003-IR (CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE SHRI J.P. CHAND, PRESIDING OFFICER-

CGIT-CUM-LABOUR COURT, NAGPUR

Case No.CGIT /NGP /281/2003

Dated: 20.03.2013

Party No.1(a)

:

The District Manager,

Food Corporation of India,

Ajani, Nagpur,

Nagpur -440015.

Party No.1(b)

:

The Senior Regional Manager,

Food Corporation of India,

Mistry Bhawan, Dinshaw Wacha

Road, Churchgate, Mumbai -400020.

Versus

Party No. 2

:

The Secretary,

Rashtriya Mazdoor Sena,

Hind Nagar, Ward No. 2,

Near Boudha Vihar,

Post: Wardha, Distt. Wardha (M.S.)

AWARD

(Dated: 20th March, 2013)

In exercise of the powers conferred by clause (d) of

sub-section (1) and sub-section 2 (A) of section 10 of

Industrial Disputes Act, 1947 (14 of 1947) ("the Act" in

short), the Central Government has referred the industrial

dispute between the employers, in relation to the

management of Food Corporation of India and their

workman, Shri Shankar Shriram Sarode, for adjudication,

as per letter No. L-22012/224/2003-IR (CM-II) dated

08.12.2003, with the following schedule:—

"Whether the action of the management of Food

Corporation of India, Nagpur (M.S.) in terminating

the services of Shri Shankar Shriram Sarode, Security

Guard w.e.f. 14.03.1999 is legal and justified? If not,

to what relief the concerned workman is entitled?"

2. On receipt of the reference, the parties were noticed

to file their respective statement of claim and written

statement and accordingly, the workman, Shri Shankar

Shriram Sarode ('the workman" in short), filed the statement

of claim and the management of Food Corporation of India

("Party No, 1" in short) filed their written statement.

The case of the workman as presented in the

statement of claim is that he was in the employment of

Party No.1 from 01.11.1992 and he was initially engaged

through a contractor at Amravati Depot of Party No.1, as a

Security Guard and he was in continuous service without

any interruption till 14th March, 1999, when his services

were terminated orally by Party No.1, without following

the due procedure of law and he had completed more than

240 days of work in each year and the termination of his

services on 14.03.1999 was not in good faith, but in

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[PART II—SEC. 3(ii)]

colourable exercise of the rights and powers by the Party

No.1 and while terminating his services, neither one month's

notice nor one month's wages in lieu of notice nor

retrenchment compensation was given to him as required

under section 25-F of the Act and after his illegal

termination, fresh hands from the department of home guard

and police were engaged by Party No.1 to extract the duties

of Security guards, in violation of the provision of section

25-H of the Act and the work which he was performing is

constantly in existence and the same is of a perennial nature

and as his termination is illegal and unlawful, he is entitled

for reinstatement in service with continuity and full back

wages.

The further case of the workman is that in 1992, he

was engaged by the Party No. 1 through the contractor for

a period of two years, but the contract was made only on

papers and after every two years, the Party No.1 changed

the contractor on papers only and the engagement of the

so-called contractor did not replace the Security Guards

and he was also not disturbed from his services and he

was merely shown to be engaged by the contractors, but

actually, he was working under the direct control and

supervision of the Party No.1 and the contractor had no

role to play in the same and the work performed by him was

being assigned to him by Party No.1 and he was a regular

employee of Party No.1 and Party No.1 was his real employer

and not the contractor as alleged and the engagement and

change of contractors by Party No.1 from time to time was

sham and only a camouflage to deny his legitimate claim

and the contract between Party No. 1 and the contractor

was bogus and not genuine and therefore, his oral

termination from services was against the mandatory

provisions of the Act and the Central Government decided

to abolish the appointment of contract labour as

contemplated under section 10 of the Contract Labour

(Regulation and Abolition) Act, 1970 and issued notification

on 01.11.1990 with directions to abolish the contract labour

system in the establishment of the Party No.1 and to give

employment to contract labours engaged by the

management and therefore, it was the mandatory duty of

the Party No.1 to abolish the contract labour system in all

places and management of FCI implemented the notification

only at Nagpur and Manmad and absorbed the Security

Guards working at Nagpur and Manmad, but at Akola,

Amravati, Wardha and Gondia districts, the contract labour

system was continued by the management, with an intention

to deprive him from the benefits under the labour laws.

It is further pleaded by the workman that his salary

was paid by the Party No.1 and not by the contractor and

his daily attendance was also marked by the Asstt.

Manager of FCI, Wardha Depot and the Party No.1 was

supervising his work through their officers and he had no

relation with the so-called contractors engaged by the Party

No.1 and Party No.1 also supplied the articles, such as,

torch, lathi, whistle and uniform etc. to him and in view of

the long spell of work being carried out by him, he is entitled

to be reinstated in service with continuity and full back

wages.

3. The Party No.1 in their written statement have

pleaded inter alia that the workman was never in their

employment and the workman has not impleded the

contractor, who appointed him, as a Party and the workman

was engaged by the contractor as a Security Guard at FCI

Depot and the said contractor is a necessary party and in

absence of the contractor, the proceeding cannot proceed

and the workman was not in their service uninterruptedly

till 14th March, 1999 and since the contract of the contractor

came to an end, the services of the workman were terminated

by the contractor and the original period of contract given

to the contractor for providing Security services was up to

1998 and the same was extended as per the terms and

conditions till March, 1999 and as the workman was not

employed by them, there was no question of following the

procedure of termination by them and they were not the

employer of the workman and the services of the workman

were never utilized by them as employer from 18.05.1991 to

14.03.1999, without any break in service and the workman

did not complete 240 day of work in a year as alleged and

as the workman was engaged by the Security Contractor,

there was no relationship master and servant between them

and the workman at any point of time and under section 10

of the Contract Labour (Regularisation and Abolition) Act,

they were exempted by the Central Government, so the

allegations made by the workman against them are not true

and there was no question of violations of the provisions

of 25 (H) of the Act and the work does not constantly exist

and the work of providing security guards was given to

other Government Agencies like Police Personnel and Home

guards and therefore, the workman has no right to claim

any relief from them and the work of security is not perennial

in nature and as and when their godowns are filled with

foodgrains, then only, services of the security guards are

required and in pursuance of the notification issued by the

Central Government abolishing contract labour system,

they appointed Home guards and Police personnel as

security guards.

The further case of Party No. 1 is that for the relief as

claimed, by the workman had filed a writ petition before the

Hon'ble High Court, Nagpur Bench bearing W.P. No. 1389/

99 and the Hon'ble High Court rejected the said WP and

denied the relief prayed for and therefore, this Tribunal has

no jurisdiction to decide the reference and the decision of

the Hon'ble Court operates as res-judicata and they floated

tenders for the contract and lowest bidder was awarded

the contract and the change of contractor in every two

years was not on papers only and they had no say in the

appointment of security guards by the security contractor

and they had no control over the appointment and service

conditions of the workman, who was an employee of the

¹Hkkx II—[k.M 3(ii)º

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5773

security agency and he ever their employee and the security

contractor was the employer of the workman.

The further case of Party No. 1 is that the appropriate

government decided to abolish the employment of the

contract labour as contemplated under section 10 of the

Contract Labour (Regularisation Abolition) Act, 1970 and

the interpretation of the notification issued on 01.11.1990

put by the workman is not correct and they were exempted

from the operation of the Act of 1970 in the year 1989 and

the said exemption was withdrawn in the year 1999 and

therefore, the security contact given to the contractor was

terminated and hence, the services of the workman were

terminated by the security contractor and they did not pay

the salary to the workman and it was the contractor, who

was paying the same to the workman and when the

contractor failed to pay the salary to the workman, they

paid the amount as per the direction given by the ALC from

time to time and the said amount was recovered from the

contract's bill and they only used to check the attendance

of the security guards to find out as to whether the

contractor had made arrangement of the requisite number

of security guards, as per their requirement and they did

not have the power to terminate any employee appointed

by the contractor and they did not provide any article,

such as torch, Lathi, whistle and uniform etc. to the

workman and as such, the workman is not entitled to any

relief.

4. Both parties have led oral evidence in support of

their respective claims, besides placing reliance on

documentary evidence.

The workman in support of his claim has examined

himself as a witness. In his evidence, which is on affidavit,

the workman has reiterated the facts mentioned in the

statement of claim. This witness has also proved some

documents to show that duties were allotted to him and

other Security Guards by Party No. 1 and their attendance

was being taken by Party No. 1.

5. In his cross-examination, the workman has admitted

that their initial appointment was through contractor and

they have not filed the appointment order of the contractor

and the contractor appointed them on 01.08.1993 and they

have not filed any document showing that the management

had any contract with them, in respect of the service and

they had not applied to the FCI and there was no

advertisement for the post. The workman has further

admitted that they have not filed any document showing

that they had worked for 240 days in each year and they

were paid by FCI and what was their salary. The workman

has also admitted that the contractor continued them up to

1999 and he does not know the name of the contractor,

who initially appointed them and the document Ext. M-7

bears his signature and Exts M-7 to M-15 are their

applications and in 1993, they were appointed by the

contractor and the letter, Ext. M-16 bears his signature,

under which they were sent to FCI by Industrial Security

and Fire Services, Mumbai on 13.12.1996 and initially, he

was appointed by Singh Security Services and the

contractors, who appointed them have not been made

parties in the proceeding and he has not filed any document

to show that FCI was paying salary to them.

6. One Shri Ramdas Shamrao Kale has been examined

as a witness on behalf of the Party No. 1. In his examination

in chief, which is on affidavit, this witness has reiterated

the facts mentioned in the written statement by Party

No. 1. In his cross-examination, this witness has admitted

the suggestions given to him that prior to 15.06.1993, the

FCI had a contrtact with Bombay Intelligence Security Pvt.

Ltd. for supply of Security Personnel and Ext. M-XXIX

shows that there was deduction of provident fund by FCI

of the Security Guards supplied by Singh Security Services

from the bill of the contractor and subsequently release of

the same by FCI to the contractor for deposit and Ext. M-

XXXI shows that Singh Security Services had requested

for payment of Rs. 54,350 due to them towards payment of

wages to Security Guards and Ext. M-XXXVII, the license

issued to Industrial Security and Fire Services, Bombay

was valid up to 18.05.1998 and Ext. M-XXXII shows that

the contract entered with Industrial Security and Fire

Services, Bombay was due to expire during December, 1998.

This witness has further stated that to his knowledge, the

Security and Fire Services, Bombay renewed same to the

authority of FCI and Bombay Intelligence Security Pvt.

Ltd. was given the contract in 1991-92 for supply of Security

Guards to FCI and after 1993, Singh Security Services and

thereafter, Industrial Security and Fire Services were given

the contract for supply of Security Guards to FCI and

within, the period from 1991 to 1999, three contractors there

were given the contract for supply of Security Guards.

This witness has also admitted the suggestions that from

January, 1992 to March, 1992, M/s. Chaitainya Industrial

Security Investigation Services, Amravati was given the

contract by the FCI for supply of Security Guards and

according to Ext. M-XXXIX, the Government did not

prohibit the appointment of contract labour in sweeping,

cleaning, dusting and watching of buildings owned and

occupied by establishment of FCI and that the workman

and other Security Guards were being deployed to different

depots and buildings of FCI to perform guard duties and

lists were being prepared of the Security Gudrds, who were

being deployed to the depots and other building to perform

the security duties and the authorities of FCI were deciding

the names of the Security Guards to be deployed to different

places for performing security duties and identity cards

were issued to the Security Guards by the FCI, when they

were being sent to the different places for performing

security duties and when a Security Guard was being found

absent from duty, the office of the FCI-cum-In charge or

Security Guard was marking him absent from duty and was

reporting the matter to the Shed In-charge for taking

necessary action.

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7. At the time of argument, it was submitted by the

union representative for the workman that the workman

was engaged by the management of FCI on 18.05.1991 at

Amravati depot as a security guard and he worked

continuously without any interruption till 14th March, 1999

and his services were terminated orally by the Party No. 1,

without following the due procedure of law and the workman

had completed more than 240 days of work in each year

and before termination of the services of the workman,

neither one month's notice nor one month's wages in lieu

of notice nor retrenchment compensation was given to the

workman, as required under section 25-F of the Act and

after termination of the services of the workman, fresh hands

were engaged by Party No. 1 to extract the duties of security

guard, in violation of the provision of section 25-H of the

Act and the work of security guard is perennial in nature,

hence the termination of the workman is void and illegal.

It was further submitted by the union representative

for the workman that the Party No. l had shown the workman

as contract labour, but the so called contract was made

only on papers and the workman was actually working

under the direct control and supervision of the Party No. l

and he was never a contract labour and such action of the

Party No. 1 was sham and only a camouflage to deny the

legitimate claim of the workman and the so called contract

between the management and the contractor was bogus

and not genuine and the Central Government by

notification dated 01.11.1990 abolished the employment of

contract labour and directed to give employment to contract

labours engaged by the management and therefore, the

management of FCI was bound to abolish the contract

labour system and to give employment to the workman.

It was further submitted by the union representative

that on 15.06.2007, an application was filed by the workman

for production of nine documents relating to him, from

which, it could have been held without any doubt that the

workman was an employee of the Party No. 1 and not a

contract labour and after hearing the parties, the Tribunal

by order dated 30.05.2008 directed the Party No. 1 to produce

the documents, but inspite of the order passed by the

Tribunal for production of documents, the Party No. 1 failed

to produce the documents and as such, adverse inference

is to be drawn against the Party No. l.

In support of such contentions, reliance was placed

by the union representative on the decisions reported in

2005 I-CLR-254 (Statesman Ltd. & Anr. Vs. Eight Industrial

Tribunal, West Bengal & Ors.) and 2004 (103) FLR-187

(Municipal) Corporation, Faridabad and Shri Niwas).

It was also submitted by the union representative

that neither the Party No. 1 nor the so called contractors

engaged by the Party No. 1 were registered with the Regional

Labour Commissioner as per rules to engage contract

labours and infact the so called contractors were mediators

and not contractors and even though there was legal ban

on engagement of contract labourers, the Party No. 1

engaged the workman and some others as security guards

and from the pleadings of the parties, the evidence on

record and the admission of the witness examined on behalf

of the Party No.1 that from the date of his initial engagement

the workman worked till 14.03.1999 clearly show that the

workman was the employee of the Party No. 1 and the

Party No. 1 is the real employer and there was master and

servant relationship between the Party No.1 and the

workman and the so called contract given to the contractor

expired on 31.12.1998 and though Party No. l unilaterally

extended the contract, the contractor, did not accept the

same and without any contractor, the workman continued

the work with Party No. 1 till 14.03.1999 and the Party No. 1

paid the wages from 01.01.1999 to 14.03.1999 to the workman

and such facts also prove that the workman was the

employee of Party No. 1 and it was Party No. 1, who

terminated the services of the workman without compliance

of the mandatory provisions of section 25- F of the Act. In

support of the submissions, the union representative placed

reliance on the decisions reported in 1994 II CLR-402 (R.K.

Panda Vs. Steel Authority), 2003 (98) FLR-826 (M/s. Bharat

Heavy Electricals Ltd. Vs. State of UP) and 2011 (128) FLR-

99 (Mahesh Kumar Sharma Vs. D.F.O. General Forest

Division, Sheopur).

It was also submitted by the union representative

for the workman that Party No. 1 has admitted the claims

made by the workman and has not been able to prove their

claim that the workman was a contract labour, by producing

cogent evidence in support of the same and as such, the

workman is entitled for reinstatement in service with

continuity and full back wages.

8. Per contra, it was submitted by the learned advocate

for the Party No.1 that the workman was never appointed

by Party No.1 and he has engaged by the contractor as a

security guard and as such, the concerned contractor is a

necessary party and inspite of raising such objection in

the written statement, the workman did not implead the

contractor as a party and for that the reference is not

maintainable. It was further submitted by the learned

advocate for the Party No.1 that the workman was engaged

by the contractor and as the contract of the contractor

came to an end in March, 1999, the services of the workman

were terminated by the contractor and as such, there was

no question of Party No.1 complying with the due procedure

of termination and there was no relationship of master and

servant between the Party No.1 and the workman and the

Party No. l was exempted by the Central Government from

the ban imposed for engagement of contract labourers, so

contract was given to the security contractor, as per rules,

for supply of security guards and due to the notification of

the Government for abolition of contract labour system,

Home Guards and Police personnel were appointed as

security guards and Party No. 1 has no control over the

workman and the security contractor was submitting bills

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5775

for payment for supply of security guards and the security

contractor was paying the wages to the workman. It was

further submitted by the learned advocate for the Party

No.1 that the workman and some others had approached

the Hon'ble High Court, Nagpur Bench in W.P. 1389 of 1999

for the reliefs sought in this reference and the Hon'bIe

High Court while depositing of the said petiti'on have held

that the -termination of the workman by the contractor was

a \Valid one and the action of FCI was legal and as such,

the workman cannot agitate the question again and the

decision of the Hon'ble High Court operates as res-judicata

between the parties and the workman is not entitled to any

relief.

In the alternative, it was submitted by the learned

advocate for the Party No.1 that the Party No.1 is a "State"

as per the provisions of Article 12 of the Constitution of

India and it has a set Rules for appointment of.its employees

and it is clear that the workman was never engaged by

Party No.1 as per the Rules of appointment and no. evidence

has been adduced by the workman to prove that he had

worked for 240 days with Party No.1 in the preceding 12

calendar months of the date qf the alleged termination and

as such, there was no question of compliance of section

25-F or 25-H of the Act and the workman is not entitled to

any relief.

In support of such, contentions, the learned

advocates for the Party No. 1 placed reliance on the

decisions of the Hon Apex Court reported in Appeal (Civil)

7038/2002 (Mis. Essen Deinki Vs.. Rajiv Kmmar)) Appeal

(Civil) 6303-6316 of 2003 (Manager, RBI, Bangalore Vs.. S.

Mani), Appeal (Civil)-6511 of 2005 (Surendranagar District

Panchayat Vs. Dayachai Amar Singh), Appeal, (Civil) 3639/

2006 (Krishna Bhagaya Jala Nigam Vs. Md. Raffi) and

Appeal (Civil) 2969/2004 (Rajasthan State Gangasagar Mills

Ltd. Vs. State of Rajasthan).

9. First of All, I will take up the submission made by

the learned advocate for the Party No. 1 that the present

reference is hit by the principle of res-judicata, due to the

decision of the Hon'ble High Court, Nagpur Bench in W.P.

1389/99.

It is not disputed that the workman alongwith 78

others through the union, "Rashtriya Mazdoor Sena

Saptahit Jaibhim" had filed Writ Petition No. 1389/99 before

the Hon'ble High Court of Judicature at Bombay, Nagpur

Bench, Nagpur, for their regularisation and the Hon'ble

High Court did not grant such relief of the order passed by

the Hon'ble High Court on 29.7.2002 in the said writ petition,

it is found that and otehrs claimed regularisation on the

ground that they were employed by the contractor for doing

regular work of the Food Corporation of India and in view

of the same, they have become workmen of Food

Corporation of India, since the work on which they were

employed is of perennial nature. However, it is found from

the judgment that the Hon'ble High Court did not consider

the main relief and passed the following order :

In view of the judgment of the Constitution Bench in

Steel Authority of India Ltd. and others Vs. National Union

Water front workers and others [reported in 2001 (7) SCC 1],

the relief sought by the petitioners cannot be granted since

the petition involves disputed question of facts as also

other facts which are required to be adjudicated by

appropriate authority. Accordingly, the main prayer to

absorb them cannot be granted.

***

***

***

***

In view of the rejection of the main prayer, the question

of granting other prayer does not arise. In case, the

petitioners approach the appropriate authority, the

appropriate authority shall take decision in the matter within

a period of one year. The applicants are free to approach

the appropriate authority for redressal of their grievances."

So, it is clear from the orders passed by the Hon'ble

High Court as mentioned above that the Hon'ble High Court

did not consider the claim made by the workman and others

on merit and granted them the liberty to approach the

appropriate authority for redress. hence, the reference

cannot be said to be hit by the principles of res-judicata.

So, there is no force in the contention raised by the learned

advocate for the Party No. 1.

10. In this reference, it is never the case of the

workman that he was directly appointed or engaged by the

Party No. 1 as a security guard. In the very beginning of

the statement of claim, it has been mentioned by the

workman that he was initially engaged at Food Corporation

of India Depot, Gondia as a security guard, through a

contractor. In paragraph 4 of the statement of claim., the

workman has mentioned that, "In the year 1992, he was

engaged by the Food Corporation of India through

contractor, for a period of 2 years, but the contract was

made on paper." The 'case of the workman is that after

every two years, the Party No. 1 on papers showed the

change of contractors, but he was not disturbed from

services and he worked continuously without any break

till 14.03.1999 and as he worked as a security guard of

perennial nature, he is entitled for reinstatement in service.

The workman has also claimed that as the Central

Government issued notification on to abolish the contract

labour system in FCI and directed to give employment to

contract labours engaged by the management and Party

No, I implemented such direction at Nagpur: and Manmad

only and gave employment and regularized and absorbed

the services of the Security Guards working at Nagpur and

manmad and did not implement the same at Wardha and

other places to deprive him from the benefits under the

labour Laws.

In his evidence on affidavit also, the workman has

mentioned that he was initially engaged in Food

Corporation of India as a security guard through a

contractor.

From the evidence on record and the own admission

of the workman in the cross-examination including the

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[PART II—SEC. 3(ii)]

specific admission that he was engaged by the contractor

and the contractor left him to FCI and he was appointed

through Singh Securities Services it is workman was

engaged by the contractor. The workman has not produced

any evidence to show that he was directly engaged by the

Party No. 1.

11. At this juncture, I think it apropos to mention

about the principles enunciated by the Hon'ble Apex Court

regarding contract labours, in the decision reported in 1994

II CLR-402 (Supra), on which reliance is placed by the union

representative and the two decisions reported in 1985-II

LLJ-4 (S.C.) (The workman of the Food Corporation of India

Vs M/s. Food Corporation of India) and 2001 Lab IC 3656

(S.C.) (Steel Authority of India Ltd. and Others Vs. National

Union Water Front Workers and Others).

In the decision reported in 1994-II CLR-402 (supra)

the Hon'ble Apex Court have held that:—

2. With the industrial growth, the relation between

employer and the employees also has taken a new turn. At

one time the establishment being the employer all persons

working therein was the employees of such employer. But

slowly the employer including Central and State

Governments started entrusting many of the jobs to

contractors. Contractors in their turn employed a worker,

who has no direct relationship with the establishment in

which they were employed. Many contractors exploited

the labourers engaged by them in various manners

including the payment of low wages. Hence, the Contract

Labour (Regulation and Abolition) Act, 1970 was enacted

to regulate the employment of contract labour in certain

establishment and to provide for its abolition in certain

circumstances and for matters connected therewith.

3. The "Contract Labour" has been defined in Section

2 (1) (b) to mean a workman, who has been employed as

contract labour in or in connection with the work of an

establishment when he is hired in or in connection with

such work by or through a contractor, with or without the

knowledge of the principal employer. Section 2 (1) (c)

defines "Contractor" to mean a person who undertakes to

produce a given result for the establishment, other than a

mere supply of goods or articles of manufacture to such

establishment, through contract labour or who supplies

contract labour for any work of the establishment and

includes a sub-contractor. "Principal employer" has been

defined to mean (i) in relation to any office or department

of the Government or a local authority, the head of that

office or department or such other officer as the

government or the local authority, as the case may be, may

specify in this behalf and (ii) in a factory, the owner or

occupier of the factory. In view of section 10, of the

appropriate Government may after consultation with the

Central Board or, as the case may be, a State Board, prohibit,

by notification in the Official Gazette, employment of

contract labour "in any process, operation or other work in

any establishment," Sub-section (2) of Section 10 requires

that before issuing any such notification, in relation to an

establishments, the appropriate Government shall have

regard to the conditions of work and benefits provided for

the contract labour in that establishment and other relevant

factors. One of the relevant factors, which is to be taken

into consideration is whether the work performed by the

contract labourers is of perennial nature. Section 12 enjoins

that no contractor to whom this Act is applicable shall

undertake or execute any work through contract labour

except under and in accordance with a license issued in

that behalf by the licensing authority. The license so issued

may contain conditions in respect of hours of work, fixation

of wages and other essential amentities in respect of

contract labour as the appropriate Government may deem

fit to impose in accordance with rules. Section 20 provides

that if any amenity required to be provided under section

16, section 17, section 18, or section 19 for the benefit of

the contract labour employed in an establishment, is not

provided by the contractor within the time prescribed

therefore, such amenity shall be provided by the principal

employer within such time as may be prescribed and all

expensed incurred by the principal employer in providing

the amenity may be recovered by the principal employer

from the contractor "either by deduction from any amount

payable to the contractor under any contract or as a debt

payable by the contractor". Section 21 says that a contractor

shall be responsible for the payment of wages to each

worker employed by him as contract labour but at the same

time in order to protect the interest of such contract labour,

it requires every principal employer to nominate a

representative duly authorized by him to be present at the

time of disbursement of wages by the contractor. It shall be

the duty of the contractor to ensure the disbursement of

wages in the presence of the authorized representative of

the principal employer. Because of sub-section (4) of

section 21, if the contractor fails to make payment of wages

within the prescribed period, then the principal employer

shall be liable to make payment of wages in full to the

contact labour employed by the contractor and recover

the amount so paid from the contractor. Any contravention

of the provisions aforesaid has been made penal for which

punishment can be imposed.

4. From the provisions referred to above, it is apparent

that the framers of the Act have allowed and recognized

contract labour and they have never purported to abolish

it in its entirety. The primary object appears to be that there

should not be any exploitation of the contract labourers by

the contractor or the establishment. For achieving that

object, statutory restrictions and responsibilities have been

imposed on the contractor as well as on the principal

employer. Of course if any expenses are incurred for

providing any amenity to the contract labourers or towards

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the payment of wages by the principle employer he is

entitled to deduct the same from the bill of the contractor.

The Act also conceives that all appropriate government

may after consultation with the Central Board or the State

Board, as the, case may be, prohibit by notification in

official gazette, employment of contract labour in any

process, operation or other work in any establishment,

taking all facts and circumstances of employment of contract

labour in such process, operation or the work into

consideration.

5. Of late a trained amongst the contract labourers is

discernible that after having work for some years, they

make a claim that they should be absorbed by the principal

employer and be treated as employees of the principal

employer especially when the principal employer is the

Central Government or the State Government or an authority

which can be held to be state within the meaning of Article

12 of the constitution, although no right flows from the

provisions of the act for the contract labourers to be

absorbed or to become the employees of the principal

employer. This court in the case of Gammon India Limited

Vs. Union of India (1974) I, SCC 596, pointed out the object

and scope of the act as follows:—

"The Act was passed to prevail the exploitation of

contract labour and also to introduce better condition

of work. The Act provides for regulation and abolition

of contract labour. The underline policy of the Act is

to abolish contract labour, wherever possible and

practicable and where it cannot be abolished to all

together, the policy of the Act is that the working

conditions of the contract labour should be regulated

as to ensure payment of wages and provisions of

essential amenities, This is why the Act provides for

regulated conditions of work and contemplates

progressive abolition to the extent contemplated by

Section 10 of the Act"

In the case of BHELWorkers' Association V. Union

of India 1985 I CLR SC 165 = (1985) 1 SCC 630 it was pointed

out that Parliament has not abolished the contract labour

as such but has provided for its abolition by the Central

Government in appropriate cases under section 10 of the

Act. It is not for the court to enquire into the question and

to decide whether the employment of contract labour in

any process, operation or other work in any establishment

should be abolished or not that has to be decided by the

government after considering the relevant aspects as

required by Section 10 of the Act. Again in the case of

Mathura Refinery Mazdoor Sangh V. Indian Oil Corporation

Ltd., 1991 I CLR 684 this court refused to direct the Indian

Oil Corporation Ltd., to absorb the contract labour

employment saying that, the contract labourers have not

been found to have direct connection with the refinery. In

other words, there was no relationship of employer and

emplyee between the Indian Oil Corporation Ltd. and the

contract labourers concerned. Again in Dena Nath V.

National Fertilizers Ltd. 1992 I CLR 1, this court pointed out

that the aforesaid Act has two purposes to serve (i) to

regulate the conditions of service of the worker employed

by the contractor who is engaged by a principal employer

and (ii) to provide for the abolition of contract labour

altogether, in certain notified processes, operation or other

works in any establishment by the appropriate government,

under section 10 of the Act. It was further stated that neither

the Act nor the Rules framed by the Central Government or

by any appropriate Government provide that upon abolition

of contract labour, the labourers would be directly absorbed

by the principal employer.

6. It is true that with passage of time and purely with

a view to safeguard the interests of workers, many principal

employers while renewing the contracts have been insisting

that the contractor or the new contractor retains the old

employees. Infact such a condition is incorporated in the

contract itself. However, such a clause in the contract which

is benevolently inserted in the contract to protect the

continuance of the source of livelihood of the contract

labour cannot by itself give rise to a right to regularization

in the employment of the principal employer. Whether the

contract labourers have become the employees of the

principal employer in course of time and on whether, the

engagement and employment of labourers through a

contractor is a mere camouflage and a smoke screen, as

has been urged in this case, is a question of fact is to be

established by the contract labourers on the basis of the

requisite material. It is not possible for High Court or this

court, while exercising writ jurisdiction or jurisdiction under

Article 136 to decide such questions only on the basis of

the affidavits. It need not to be pointed out that in all such

cases, the labourers are initially employed and engaged by

the contractors. As such at what point of time a direct link

is established between the contract labourers and the

principal employer, eliminating the contractor from the

scene is a matter which has to be established on material

produced before the court. Normally, the Labour Court and

the Industrial Tribunal, under the Industrial Disputes Act

are the Competent Fora to adjudicate such disputes on the

basis of the oral and documentary evidence produced

before them."

12. In the decision reported in 1985-II LLOJ-4 (supra)

Hon'ble Apex Court have held that :—

"Briefly stated, 'when corporation engaged a

contractor for handling food grain at Siliguri Depot,

the corporation had nothing to do with the manner

of handling work done by the contractor, the labour

force employed by him, payments made by him etc.

In such a fact situation, there was no privity of

contract of employer and workmen between the

corporation and the workmen. "Workmen" has been

defined (omitting the words not necessary) in the

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[PART II—SEC. 3(ii)]

Industrial Disputes Act to mean (any person

including an apprentice) employed in any industry

to do ......". 'The expression' employed has at least

two known connotations, but as used in the

definition, the context would indicate that it is used

in the sense of a relationship brought about by

express or implied contract of service in which the

employee renders service for which he is engaged

by the employer and the latter agrees to pay him in

cash or kind as agreed between them or statutorily

prescribed. It discribes a relationship of command

and obedience. The essential condition of a person

being a workman within the terms of the definition is

that he should be employed do the work in that

industry and that there should be, in other words, an

employment of his by the employer and that there

should be a relationship between the employer and

employee or master and servant unless a person is

thus employed there can be no question of his being

a "workman" within the definition of the term as in

the Act.

Dharangadhara Chemical Works Ltd. Vs. State of

Saurashtra (1957-I-LLJ-477). Now where a contractor

employs a workman to do the work which he

contracted with a third person to accomplish on the

definition as it stands, the workman of the contractor

would not without something more become the

workman of that third person. Threfore when the

workmen employed by the contractor were certainly

not the workmen of the corporation and no claim to

that effect has been made by the union."

13. In the decision reported in 2001 LAB IC-3656

(supra) the Hon'ble Apex Court have held that:—

"The principle that a beneficial legislation needs to

be constructed liberally in favour of the class for

whose benefit it is intended, does not extend to

reading in the provisions of the Act what the

legislature has not provided whether expressly or by

necessary in implementation, or substituting remedy

or benefits for the provided by the legislature. The

intendment of the CLRA Act is to regulate the

conditions of service of the. contract labour and to

authorize in Section 10(1) prohibition of contract

labour system by the appropriate Government on

consideration of factors enumerated in sub-section

(2) of Section 10 of the Act among other relevant

factors. But the presence of some or all those factors,

provide no ground for absorption of contract labour

on issuing notification under Section 10(1) by the

appropriate Government, is not alluded to either in

Section 10 or at any other place in the Act and the

consequence of violation of Sections 7 and 12 of the

CLRA Act is explicitly provided in Sections 23 and

25 of the CLRA Act, it is not for the High Courts or

the Supreme Court to read in some unspecified

remedy in Section 10 or substitute for penal

consequences specified in Sections 23 and 25 a

different sequel be it absorption of contract labour

in the establishment of principal employer or a lesser

or a harsher punishment. Such an interpretation of

the provisions of the statute will be far beyond the

principle of ironing out the creases and the scope of

interpretative legislation and as such clearly

permissible.

Thus on issuance of prohibition notification under

S.10(1) of the CLRA Act prohibiting employment of

contract labour or otherwise, in an industrial dispute

brought before it by any contract in regard to

conditions of service, the industrial adjudicator will

have to consider the question whether the contractor

has been interposed either on the ground of having

undertaken to produce any given result for the

establishment or for supply of contract labour for

work of the establishment under a genuine contract

or is a mere ruse/camouflage to evade compliance of

various beneficial legislations so as to deprive the

workers of the benefit there under. If the contract is

found to be not genuine but a mere camouflage, the

so called contract labour will have to be treated as

employees of the principal employer who shall be

directed to regularize the services of the contract

labour in the concerned establishment. If the contract

is found to be genuine and the principal employer

intends to employ regular workmen he shall give

preference to the erstwhile contract labour. It

otherwise found suitable, and, if necessary, by

relaxing the condition as to maximum age

appropriately taking into consideration the age of

the workers at the time of their initial employment by

the contractor and also relaxing the condition as to

academic qualifications other than techriical

qualifications.

Air India's case 1997 AIR SCW430 Overruled

prospectively. M.A.T. Nos. 1704 and 1705 of 1999,

D/ -12-8-1999 (Cal): ,C.O. No. 6545(W) if 1996, D / -9-

5-1997(Cal): W.A. Nos. 345-354 of 1997m D / - 17-4-

1998 (Kant):. W.P. No. 4050 of 1999, D/ -2-8- 2000

(Bom) and W.P. No. 2616 of 1999, D/ -23-12- 1999

(Bom)" 1998 Lab -IC 2571 (Cal), Reversed.

It cannot be said that by virtue of engagement of

contract labour by the contractor in any work of or in

connection with. the work of an establishment, the

relationship of master and servant is created between

the principal employer and the contract labour. Even

a combined reading of the definition of the terms

"Contract labour", "Establishment" and "Workman"

does not show that the legal relationship between

the person employed in any industry and the owner

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5779

of the industry is created irrespective of the fact as

to who has brought about such relationship. The

word "Workman" is defined in wide terms. It is a

generic term of which contract labour is a species. It

is true that combined reading of the terms

"Establishment" and "Workman" shows that a

workman engaged in any establishment would have

direct relationship with the principal employer as a

servant of master. But what is true of a workman

could not be correct of contract labour. When the

provisions of the Act neither contemplate creation

of direct relationship of master and servant between

the principal employer and the contract labour nor

can such relationship be implied from the provisions

of the action issuing notification under Section 10(1)

of the CLRA Act. A fortiori much less can such a

relationship be found to exist from the rules and the

forms made there under ."

So, keeping in view the principles enunciated by the

Hon'ble Apex Court in the decisions mentioned above, the

present case in hand is to be considered.

14. So far the contention raised by the union

representative regarding drawing of adverse inference

against the Party No. 1 for non-production of documents

as ordered by the Tribunal on the application of the

workman is concerned, it is to be mentioned that it is

admitted by the workman that he was engaged through the

contractor in F.C.I. and due his such engagement, it was

quite natural for the Party No. 1 to direct him to perform

different duties as a security guard and to see that duties

entrusted to him were done properly. Moreover, the Party

No. l has produced number of documents to show that. the

workman was a contract labour and payment of wages to

him was made by the contractors. Hence, for non-

production of the documents by Party No. l, there is no

need to draw any adverse inference. As the facts and

circumstances of the case in hand are quite different from

the facts and circumstances of the cases referred in the

decisions by the Hon'ble Courts, on which reliance has

been placed by the union representative, with respect, I am

of the view that the said decisions have no clear application

of this case.

15. So far the contention raised by the union

representative regarding the non-registration of the Party

No. 1 or the contractors with the Regional Labour

Commissioner as per Rules is concerned, it is to be

mentioned that such a plea has neither been taken in the

statement of claim nor any thing has been stated in that

regard in the evidence of the workman. In absence of such

pleading, the contention cannot be entertained. Moreover,

it is clear from the pleadings of the parties and the evidence

on record and the specific suggestions given to the witness

examined on behalf of the Party No. 1 in his cross-

examination that contract for supply of security guards

was given by Party No. 1 to different contractors, the

workman was a contract labourer and he was engaged by

the contractors with Party No.1.

Moreover, for the sake of argument, even if, it is held

that the Party No. l had engaged the workman and others

as contract labourers in violation of the provisions of the

Contract Labour (Regulations and Abolition) Act, 1976,

then the persons responsible for such violation are liable

for criminal prosecution, but such violation of the

provisions of the above said Act, does not confer any

right on the workman to claim regularisation in service.

16. In this case, the letter No. U-23013/11/89/LW

dated 28.05.92, Govt. of India, Ministry of Labour shows

that the prohibition of employment of contract labour in

sweeping, cleaning, dusting and watching of buildings

owned or occupied by the establishments of Food

Corporation of India and some other departments was lifted

by the Central Government. So, the engagement of contract

labour by the Party No.1 cannot be said to be illegal. It is

also found from the materials on record that the appointment

of labour contractor by Party No. 1 for supply of Security

Guards was genuine and the same was not only on papers

as claimed by the workman. The workman has failed to

prove such claim by adducing cogent or reliable evidence.

The engagement of labor contractor by Party No.1 was not

a mere ruse or camouflage to evade compliance of the

various beneficial legislations, so as to deprive the workman

of the benefits there under. The workman has not been

able to produce any document to show that at any point of

time, Party No. 1 paid his wages as their employee. It is

clear from the evidence that Party No.1 paid wages of the

last three months to the workman in presence of the Labour

Commissioner, as the contractor did not pay the same. As

it is clear from the evidence on record that the workman

was engaged as a contract labour with Party No.1, by the

contractor and as such, it can be held that there was no

relationship of master and servant between the Party No.1

and the workman. Hence, there was no question of

termination of the services by the Party No.1 or compliance

of the provisions of Sections 25- F or 25- H of the Act.

In view of the facts and circumstances of the case as

mentioned above, which are quite different from the facts

and the circumstances of the cases referred in the decisions,

on which reliance is placed by the union representative,

with respect, I am of the view that the said decisions have

no clear application to the present case in hand.

17. It is the own case of the workman that he was

engaged by the contractor. So the contractor, who had

engaged the workman, is a necessary party in the reference.

The said contractor has not been added as a party in this

reference. Due to non-joinder of necessary party, the

reference is bad in law.

5780

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

In view of the materials on record and the discussions

made above and applying the principles enunciated by the

Hon'ble Apex Court in the three decisions mentioned above,

the reference cannot be answered in favour of the workman.

Hence, it is ordered:—

ORDER

The reference is answered in the negative. The

workman is not entitled to any relief.

J.P. CHAND, Presiding Officer

ubZ fnYyh] 9 flrEcj] 2013

dkñvkñ 2132-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj nf{k.k iwoZ jsyos

ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k]

tcyiqj ds iapkV ¼lanHkZ la[;k 172@97½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 09@09@2013 dks izkIr gqvk FkkA

[lañ ,y&41012@40@96&vkbZvkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 9th September, 2013

S.O. 2132.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 172/97)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of South Eastern Railway and

there workmen received by the Central Government on

09.09.2013.

[No. L-41012/40/96-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM -LABOUR COURT,

JABALPUR

No. CGIT/LC/R/172/97

PRESIDING OFFICER: SHRI R.B.PATLE

Shri W.E.Manual,

S/o Shri E.Manual, Ex.Diesel Driver,

Tarbaahar, Kamla Niwas,

Near primary School, Bilaspur

....Workman

Versus

The Divisional Mechanical Engineer,

South Eastern Railway,

Bilaspur (MP)

....Management

AWARD

Passed on this 14th day of June, 2013

1. As per letter dated 23-6-99 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/

40/96-IR(B). The dispute under reference relates to:

"Whether the action of the management of

S.E.Railway, Bilaspur in removing Shri E.Manual, Ex-

Diesel Driver from service w.e.f. 28-6-96 vide order

No. M/D&A/4260/WEM/DRV/L/BSP dated 28-6-93

is justified? If not, to what relief the workman is

entitled to?"

2. After receiving reference, notices were issued to

the parties. However Ist party workman failed to submit

Statement of claim. On 22-8-07, the reference is proceeded

exparte against workman. The management filed exparte

Written Statement.

3. The case submitted by lInd party management is

that on 8-10-92, the workman was functioning as Driver of

Train No. 4260 Down Sarnath Express from Katni to

Bilaspur. That he was found to have consumed Alcohol.

When he was checked at Umaria by Senior L.I. Shri

B.N.Singh with electronic breath alcohol analyzer

instrument and indicated Visual Flesh simultaneously with

audio buzzer which proved that alcohol content in the

breath exceeds the safe limit. That the workman was also

examined by AME/SDL and Sr. DMO/SDL on arrival of

4260 Dn at Shahdol and found workman breath smelled of

alcohol. That the workman contravened the provision of

Rule 2(I)(iii) and 22 of RS Conduct Rules 1966 and Rule

2.09 Indian (OL) General Rules 1976 and thereby rendered

himself liable for Disciplinary action in terms of RS(D&A)

Rule 1968. The charge sheet was issued to workman for

major penalty on 9-11-1992. Shri S.K.Paithandy, Senior F.I

Bilaspur was appointed as Enquiry officer. He conducted

enquiry and collected available records and evidence. The

written report was submitted on 9-10-92. The case sheet

for examination of drunker WE Manual, Driver at Shahdol

was issued by SR.DMO/SDL on 8-10-1992. That as per

findings of the Enquiry Officer, misconduct was proved.

Punishment of removal was imposed on 28-6-93. The

punishment was challenged by filing appeal. The appeal

was decided on 21-11-94. The punishment was upheld.

lInd party submitted that for proved misconduct, workman

is not entitled to relief prayed by him.

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 S.E. Railway,

Bilaspur in removing

Shri E.Manual, Ex-Diesel

Driver from service w.e.f.

28-6-96 is legal?

(ii) If so, to what relief the

Relief prayed by

workman is entitled to?"

workman is rejected.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5781

REASONS

5. Though reference is about legality of removal of

workman from service, he has not filed statement of claim

neither he has adduced any evidence. Management

submitted exparte Written Statement. It is submitted that

the workman had consumed alcohol. The departmental

enquiry was held and misconduct was proved. The affidavit

of evidence of Shri R.Shankaran, S/o V.Ramaseshan is filed.

The witness has stated in affidavit that the workman was

found drunk while functioning as Driver in Train No. 4260

Dm. Sarnath Express Katni to Bilaspur. Enquiry was held

and misconduct was supported by evidence. The record

of Enquiry proceeding is produced. The evidence of

management's witness remained unchallenged. As 1st Party

workman failed to substantiate his claim about illegality of

removal from duty, I record my finding on Point No.1 in

Negative.

6. In the result, award is passed as under:—

(i) The action of the management of S.E.Railway,

Bilaspur in removing Shri E.Manual, Ex-Diesel

Driver from service w.e.f. 28-6-96 is legal.

(ii) Relief claim by workman is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 9 flrEcj] 2013

dkñvkñ 2133-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj jsyos bySDVªhf'k;u

ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k]

tcyiqj ds iapkV ¼lanHkZ la[;k 97@99½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 09@09@2013 dks izkIr gqvk FkkA

[lañ ,y&41012@108@98&vkbZvkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 9th September, 2013

S.O. 2133.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 97/99)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Railway Electrification and

there workmen, received by the Central Government on

09.09.2013.

[No. L-41012/108/98-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/97/99

PRESIDING OFFICER: SHRI R.B.PATLE

Shri Amar Singh,

S/o Badaria,

C/o Shri Sudhakar Tiwari, Khalasi,

Under lOW, Rly. Electrification,

Bilaspur

....Workman

Versus

Dy. Chief Project Manager,

Railway Electrification,

Bhopal

....Management

AWARD

Passed on this 21st day of June, 2013

1. As per letter dated 24-2-99 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/

108/98-IR (B-I). The dispute under reference relates to:

" Whether the action of the management of Dy.Chief

Project Manager, RE, Bhopal in terminating the

services of Shri Amar Singh S/o Badaria w.e.f. 24-2-

97 is justified? If not, to what relief the workman is

entitled for?"

2. After receiving reference, notices were issued to

the parties. Even after notice, workman did not appeared.

Workman is proceeded exparte on 21-12-2006. Management

was directed to file exparte Written, Statement. The

management failed to file exparte Written Statement.

Management was also given opportunity to file evidence.

Management failed to adduce evidence.

3. It appears that both parties are not interested for

adjudication of the reference, hence No Dispute Award is

passed.

R.B.PATLE, Presiding Officer

ubZ fnYyh] 9 flrEcj] 2013

dkñvkñ 2134-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj Hkkjrh; LVsV cSd

ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k] èuckn ds iapkV ¼lanHkZ la[;k 45@2004½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 09@09@2013 dks izkIr gqvk FkkA

[lañ ,y&12012@271@2003&vkbZvkj ¼ch&1½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 9th September, 2013

S.O. 2134.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 45/2004)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court No.

2, Dhanbad 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

09.09.2013.

[No. L-12012/271/2003-IR(B-I)]

SUMATI SAKLANI, Section Officer

5782

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT

Shri Kishori Ram

Presiding Officer.

In the matter of an Industrial Dispute under Section

10(I)(d) of the I.D. Act, 1947.

REFERENCE No. 45 OF 2004.

Parties:

Sri Padmalochan Mahato Agrico, Jamshedpur

Vs. .Br. Manager, S.B.I., Govindpur Branch, Jamshedpur

Appearances:

On behalf of the workman:

Mr. Dinesh Kumar, Ld. Advocate

On behalf of the Management:

Mr. R. N. Chatterjee, Ld. Advocate

State : JHARKHAND

Industry: Banking

Dated, Dhanbad, the 27th July" 2013.

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec. 10(I)(d)

of the I.D. Act, 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No.L-12012/

271/2003-IR(B-I) dt.22.3.2004.

SCHEDULE

"Whether the non regularization of services of Shri

Padmalochan Mahato and termination of his services

by the Management of State Bank of India is justified.

It not to what remedies available for".

2. The case of the workman Padmalochan Mahato is

that he was appointed as a Messenger/Coolie in the service

of the State Bank of India,Chhota Govindpur Branch,

Jamshedpur w.e.f. 23.2.2995. He continuously worked up

to 21.2.1997 there sincerely. Though it was initially his

temporary service, he had completed 541 days at the Bank

Branch, so he should be legally treated as permanent

employee of the Bank. But he ws illegally motivatedly and

against the principle of natural justice terminated w.e.f.

22.02.1991. The termination amounts retrenchment u/s 2(00)

of the Industrial Dispute Act, 1947 there sincerely. Though

it was initially his temporary service, he had completed 541

days at the Bank Branch, so he should be legally treated as

a permanent employee of the Bank. But he was illegally,

motivatedly and against the principle of natural justice

terminated w.e.f. 22.2.1997. The termination amounts to

retrenchment u/s 2(00) of the Industrial Dispute Act, 1947.

His termination was without one month's notice or

compensation for it under the provision of the Act. It was

his victimization and unfair labour practice by the Bank. At

his approach to the Bank Authority and the Recognized

Union in respect of his termination and retrenchment in the

service without back wages or settlement the Bank

authorities as well as its officials assured of considering

his case.

3. Justifying the maintainability of the Reference u/s

2(a) of the Act, the workman in its rejoinder with specific

denials has stated that fundamental right confer on him to

claim, as he served more than 240 days, the Branch has

power to appoint a person in exigency against permanent

vacancies existent in the Branch. His working for 240 days

confers on him a right to be absorbed in the post. No

retrenchment rules override the enacted law. Thus the plea

of the management is lame excuse for its misdeed. The post

of the messenger in a Banks is permanent. The mode of

payment of wages through vouchers' was under the control

of the Bank Manager.

4. Whereas the contra pleaded case of the O.P./

Management with categorical denials is that the reference

being vague and beyond the purview of the I.D. Act is

legally unmaintainable, as the person concerned is not an

employee of the State Bank of India. There is no employer-

employee relationship between the management and him.

He was never appointed in any capacity anywhere. Any

vacancy, if any, in any post in the Bank is filled up as per

the recruitment rules/regulations of the Bank, but no Branch

of the Bank has power to appoint/employ any person in

violation of the Rules against the fundamental right of the

others. Since the person was never appointed by the Bank

as per recruitment Rules, the question of his regularization,

or of termination does not arise. At times, the Branches of

the Bank need help of some outsiders to perform certain

jobs of highly casual, not of permanent in nature, and they

are paid through petty cash vouchers at the end of each

job. The performance of such job of casual nature by the

person as a coolie of a legal right for his regularization as

regular employee of the Bank. The Bank has no post of

coolie; so the claim of Sri Mahato is baseless. The instant

dispute is mere attempt by an outsider to get into the regular

employment of the bank through litigatation. lt is the settled

law that a person entering as a daily wager without following

the selection procedure cannot be regularized or an

appointment made in contravention of the rules and in

ignorance essential, qualification is illegal. The Bank has

no such existent rule to regularize such casual or daily

person.

5. In its rejoinder, categorically denying the

allegations of the workman, the O.P./Management has

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5783

stated that merely for occasionally engagement of the

person as a coolie by the Bank for casual works in exigencies

he is not entitled to any relief. Remuneration of a temporary

or regular employee of the Bank is not paid through

vouchers. The local Implementation Committee of the

Branch also utilized the service of the person concerned as

a canteen boy in the canteen run by the Local

Implementation Committee, so he is not an employee of the

Bank.

FINDING WITH THE REASON

6. In this reference, WW1 Padmalochan Mahato the

workman for himself, and MW1 Shree Jaishree, the Branch

Manager, the SBI Branch, Chhota Govindpur, Singhbhum

for the O.P./Management have been examined respectively.

The oral statement of WW1 Padmalochin Mahato,

the workman for himself, reveals his engagement as a

messenger in place of Subodh Kumar Bera by the

Management w.e.f. 23.2.1995 at SBI Chhota Govindpur

Branch where he worked up to 21.2.1997 by putting his

attendance for more than 240 days in a year and aforesaid

Kumar Bera, who was being seriously ill, died subsequently.

But the fact of his engagement in place of foresaid Subodh

Kumar Bera, a messenger who died of serious illness is

unpleaded, so it is inadmissible excepting the Certificate

(Marked X for identification) and Recommendation Letter

of the Branch Manager to the Higher Authority (the

photocopy- Ext.W.l). The workman has no document to

show his working for his 240 days preceding to his stoppage

from working. It is indisputable that neither he got any

appointment letter to work as a messenger nor his name

was called for from the Employment Exchange nor there

was any advertisement to fill up the vacancy of messenger.

Besides, the alleged Certificate (Marked for X for

identification) issued by the Branch Manager concerned

in favour of the workman itself though contradictory to his

statement yet proves his working intermittently as

messenger for three years. Likewise the photocopy of the

Recommendation Letter of the Branch Manager (Ext.W.l)

discloses his working for 341 days, but none of his both

documents specifically affirms the period of his working.

Both are his vague documents as his pleaded evidence.

The recommendation letter asserts his presently working

as Canteen Boy at the Branch.

7. Whereas as per the statement of M.W.I, SBI Branch,

Shree Haishree, Chhota Govindpur, Singhbhum for the O.P./

management the workman was neither engaged nor paid

any wages by the Bank during his tenure (Since 25th Oct.,

2010) rather he worked around the year 1997 in the canteen

on daily wages, which were paid by the Local

Implementation Committee which is an independent body,

a separate entity and a private organization of the staff and

workmen at the Branch formed for the welfare activities; at

times the workman which temporarily working as a canteen

"Boy" in the year 1997 on daily wages under the said

independent committee performed the job of Box Lifting

etc. for the Bank Branch on daily wages, there was no

Employer-employee relationship between the Bank and the

workman, so his claim for regularization just as his alleged

termination is totally unjustified. According to the

Management witness (MWI) since the Bank has not any

documents, it has no verification of it related to the period

of Feb, 1995 to Feb. 1997, and the B.K. Singh, the Branch

Manager, had recommended for absorption of the workman

as a messenger/coolie, stating about his intermittently work.

8. As per written argument, it is argued on behalf of

the workman that since the workman worked as a messenger

in place of Subodh Kr. Bera in the State Bank of India,

Chotta Govindpur Branch, Jamshedpur for more than 240

days from 25.2.1995 until he was stopped from working

since 21.2.1997 as evident from the recommendation letter

of the Branch Manager concerned (Ext.W.l,) so his

termination was illegal; hence he is entitled to reinstatement

in his service with full back wages. Whereas the contention

on behalf of the O.P./Management as per its written

argument is that merely because the workman was

occasionally engaged for casual work as a coolie on daily

wages, he cannot be entitled to any relief against the Bank

in this respect.

9. On the perusal and consideration of the materials

available on the concerned, I find the facts as under:

(i) In the face of the admission of the workman that

he has not got any appointment letter for the post

of a messenger against any permanent vacancy

and has no paper except the Certificate dt.1.10.97

of the Branch Manager, Chhota Govindpur

(Ext.W.1) to show his working as a messenger for

more than 240 days. His Certificate is not an official

letter.

(ii) His aforesaid Certificate (Ext. W-.1) clearly

indicates his two facts -firstly working

"intermittently", and "for a period of exceeding 3

years "The period of three years both these facts

rebut his oral statement of his alleged continuous

working from 23.2.95 to 21.2.97 which is lesser

than two years. The stand of the workman is

contradictory highly. His intermittent working

cannot be his regular continuous service even

for any single year.

(iii) ln case of admitted intermittent casual work of the

workman, no question of his alleged termination/

retrenchment as under Sec, 25 F of the I.D. Act.

1947 arises.

Under these circumstances, it is hereby, in the terms

of the Reference:

5784

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

ORDERED

That the Award be and the same is passed that the

non-regularization of service of Shri Padmalochan Mahato

by the Management of the State Bank of India is quite

legally justified. But in view of the status of the workman

as intermittent messenger for his contradictory periods, he

was surely a casual worker on daily wages, the question

about his alleged termination from alleged service by the

said management neither arises nor applicable to the present

reference, as there is no continuous service of the Workman.

So the workman is not entitled to any relief.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 9 flrEcj] 2013

dkñvkñ 2135-—vkS|ksfxd fookn vf/kfu;e] 1947] 1947

dk 14 dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj jsyos bU'kVhV~;wV

ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k

gSnjkckn ds iapkV lanHkZ la[;k 3@2011 dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 09@09@2013 dks izkIr gqvk FkkA

[lañ ,y&41012@19@2009&vkbZvkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 9th September, 2013

S.O. 2135.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 3/2011)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Hyderabad as shown in the Annexure in the industrial

dispute between the Management of Railway Institute and

their workmen, received by the Central Government on

09/09/2013.

[No. L-41012/19/2009-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

PRESENT

Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 18th day of April, 2013

INDUSTRIAL DISPUTE No. 3/2011

Between:

Sri Ch. Venkateswarlu,

Ex-Gardener-cum-Watchman,

Railway Institute, Vadlapudi:

D. No. 49-10-18, Lalitha Nagar,

Visakhapatnam.

...............Petitioner

AND

The Secretary,

Railway Institute,

Vadlapudi, East Coast Railway,

Visakhapatnam.

...............Respondent

Appearances:

For the Petitioner : None

For the Respondent : Sri Y.V. Sanyasi Rao, Advocate

AWARD

The Government of India, Ministry of Labour by its

order No. L-41012/19/2009-IR(B.I.) dated 6.1.2011 referred

the following dispute under section 10(1)(d) of the I.D.

Act, 1947 for adjudication to this Tribunal between the

management of East Coast Railway and their workman.

The reference is:

SCHEDULE

"Whether the action of the management of Railway

Institute, Vadlapudi, East Coast Railway, Vadlapudi,

Visakhapatnam in terminating the services of Sh. Ch.

Venkateswarlu, ex-Gardner-cum-Watchman is

justified? To what relief the workman is entitled?"

The reference is numbered in this Tribunal as I.D.

No. 3/2011 and notices were issued to the parties concerned.

2. The case stands posted for appearance of

Petitioner and for filing of claim statement and documents.

Petitioner called absent and there is no representation since

long time. Inspite of fair opportunity claim statement not

filed by the Petitioner. In the circumstances, taking that

Petitioner is not interested in the proceedings, petition is

dismissed.

Award passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant

transcribed by her and corrected by me on this the 18th

day of April, 2013.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for

Witnesses examined for

the Petitioner

the Respondent

NIL

NIL

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5785

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 9 flrEcj] 2013

dkñvkñ 2136-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj oS'; cSd fyñ ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k caxykSj

ds iapkV lanHkZ la[;k 129@2007 dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 08@09@2013 dks izkIr gqvk FkkA

[lañ ,y&12012@215@2002&vkbZvkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 9th September, 2013

S.O. 2136.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.129/2007) of

the Cent. Govt. Indust. Tribunal-cum-Labour Court,

BANGALORE as shown in the Annexure, in the industrial

dispute between the management of Vysya Bank Limited

and their workmen, received by the Central Government on

08/09/2013.

[No. L-12012/215/2002-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIUBNAL-CUM-

LABOUR COURT YESWANTHPUR,

BANGALORE

Dated

:

5th June, 2013

Present

:

Shri S.N. NAVALGUND,

Presiding Officer

C.R. No. 129/2007

I Party

II Party

Sh. R. Nagaraja,

The Chairman,

39/3, 5th Main Road,

INY Vysya Bank Limited,

Palace Gutahalli,

No. 72, St. Marks Road,

BANGALORE-560003

BANGALORE-560001.

APPEARANCES

I Party

:

Shri C.N. Krishna Reddy

Advocate

II Party

:

Shri B.C. Prabhakar

Advocate

AWARD

1. The Central Government which had declined to

refer the matter for adjudication by issuing an endorsement

on 20.09.2002 observing that the dispute raised by the

workman is not maintainable under Section 2A of ID Act,

1947 as it is a case of voluntary resignation and more over

it has been raised belatedly after a lapse of 11 years without

any valid reasons, later being directed by the Hon'ble High

Court of Karnataka in W P No. 6448/2005 made this

reference in exercise of the power conferred of by Clause

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

ID Act, 1947 for adjudication on the following schedule:

SCHEDULE

"Whether the action of the management of Vysya

Bank Ltd. in denying family pension benefits to Shri

R. Nagaraj S/o Late Sri Parathasarathy, is fair and

justified? If not, to what relief he is entitled."

2. On receipt of the reference while registering it in

CR 129/2007 when notices were issued to both sides they

entered their appearance through their respective

advocates and I Party filed his claim statement on 30.11.2007

whereas the II party its counter statement on 07.12.2010.

3. When the II party was called upon to lead evidence

justifying its action of denying family pension benefits to

the I party its learned advocate while filing the affidavit of

Subramanya Gupta, Process Lead Trust Manager of the II

party Bank reiterating the counter statement examined him

on oath as MW 1 got exhibited the Resignation letter of I

Party dated 21.07.1990; copy of the order accepting the

resignation dated 23.07.1990; relieving order dated

29.07.1990; office copy of letters dated 28.08.1990 issued

by the II party to the trustees Vysya Bank staff Gratuity

Fund to settle the gratuity amount and Provident Fund of

the I party; the letter of I party seeking payment of pension

dated 27.05.1997; office copy of the reply dated 03.06.1997

of the II party; the legal notice dated 18.02.2000 received

from the I party; office copy of the reply by the II Party

dated 28.04.2000; copy of ING Vysya Bank Employees

Pension Regulations 1995 as Ex M-1 to Ex M-10 respectively

and closed his side, Inter alia, the learned advocate

appearing for the party while filing the affidavit of I party

reiterating the claim statement examining him on oath as

WW 1 did not get any documents exhibited.

4. After close of the evidence of both the sides when

the matter was posted for arugments the learned advocate

appearing for the I party filed his written aruguments and

in support of his arguments cited the decisions reported in

AIR 1998 Page 1747 SC (Dhan Raj and others v. State of

Jammu & Kashmir and others) and AIR 1983 Page 130 SC

5786

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

(D S Nakara and others v. Union of India) whereas the

learned advocate appearing for the II pary addressed his

oral arguments.

5. On appreciation of the pleadings, oral and

documentary evidence brought on record by both the sides

in the light of the arguments put forward by the advocates

appearing for both sides, I have arrived at conclusion the

action of the management of Vysya Bank in denying family

pension benefits to Sh. Nagaraj is legal and justified and

that he is not entitle for any benefits for the following

reasons:

REASONS

6. The I Party in his claim statement alleging that he

rendered 29 years of service as a sub-staff in the II party

Bank till 21.07.1990 took voluntary retirement but the

management took his signatures on many blank papers

and registers amongst which some of them were affixed

with revenue stamps and misused the said papers to create

evidence as if he resigned from the job and was not retired

and as inspite of his several requests to include his name

for the membership of the family pension scheme it was

not responded to he got issued legal notice dated

18.02.2000 and as a reply was given denying his request on

the ground that he has resigned and not retired to entitle

for inclusion of his name for family pension he constrained

to raise this dispute. Inter alia, in the counter statement

filed by the II Party without disputing I Party having served

as its sub-staff for a period of 29 years till 21.09.1990; it is

contended that on 21.07.1990 he tendered resignation on

personal grounds with a specific request for waiving off

the required notice the same being accepted and informed

vide letter dated 23.07.1990 by waiving of the notice period

as a special case and relieving him of duties from 23.07.1990

and thereafter settled his terminal benefits including PF

and gratuity and thereafter with a gap of seven years on

27.05.1997 he asked for inclusion of his name for family

pension which was aptly replied by letter dated 03.06.1997

and thereafter keeping quite for three years on 18.02.2000

he got issued notice through his advocate calling upon to

include him in the family pension scheme and that was also

aptly replied on 28.04.2000 clarifying that he is not entitle

to be included in the family pension scheme having resigned

and not retired, he approached the conciliation officer and

as he submitted a failure report the Central Government

gave an endorsement to him on 20.09.2002 declining to

refer the matter for adjudication with observations that

dispute raised by him is not maintainable under Section 2A

of the ID act, 1947 as it is a case of voluntary resignation

and moreover it is raised after a lapse of 11 years without

any valid reasons and subsequently when he approached

the Hon'ble High Court of Karnataka in W P No. 6448/2005

and an order was made to the Central Government for

making this reference, the CG is compelled to make this

reference for adjudication. It is also contended since it is

not a case of termination, dismissal, retrenchment or

discharge the I Party cannot invoke the provisions of

Section 2A of the ID Act for adjudication of his grievance

without the intervention of any Union as such also the

reference is not maintainable and is to be rejected.

7. The documentary evidence produced by the II

Party at Ex M-1 to Ex M-5 do clearly indicate/suggest the I

Party having submitted a letter of resignation dated

21.07.1990 with a request to accept the same with immediate

effect by waving required prior notice and to consider his

daughter R N Indira for job who is studying in Final Year B

Com and same being accepted and Order has been served

on him on 23.07.1990 and he has received the PF and

Gratuity, he who has admittedly put in a service of 29 years

would not have simply put his signatures to blank papers

and registers as alleged by him in Para 2 of the claim

statement enabling the II Party to create evidence as if he

has resigned. In this regard except the allegations in the

claim statement and his swearing affidavit evidence

absolutely there is nothing on record as a direct of

circumstantial evidence to believe his case of putting his

signatures on blank papers and registers. Moreover, he

who was relieved of his post on 23.07.1990 since kept quite

for over a period of seven years i.e., till 27.05.1997 the date

on which for first time he sought for payment of family

pension this in itself suggest that he who had voluntarily

resigned from his post with after thought started claiming

payment of family pension claiming that he had retired and

not resigned. Since as per regulation No. 3(1) (a) of the

Vysya Bank Employees Pension Regulatioin, 1995 an

employee who was in the service of the Bank on or after

the first day of January 1986 but had retired before the first

day of November 1993 is eligible for applying and receiving

benefits, the II Party is fair and justified in its action in

denying family pension benefits to the I party.

8. Moreover as contended by the II party to invoke

the provisions of Section 2A of the ID Act the impugned

action should be discharge, dismissal, retrenchment or

otherwise termination from the service and in the absence

of such things no workman can individually without the

intervention of any union entitle to raise a industrial dispute

as such on that ground also the reference is liable to be

rejected. In the result, I pass the following Order:

ORDER

The reference is rejected holding the action of the

Vysya Bank Limited in denying family pension benefits to

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5787

Shri R. Nagaraj S/o late Sri Parathasarathy, is fair and justified

and that he is entitle for any relief.

(Dictated to U.D.C. transcribed by him, corrected and

signed by me on 5th June 2013)

S.N. NAVALGUND, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2013

dkñvkñ 2137-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj iwoksZÙkj jsyos ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k]

y[kuÅ ds iapkV lanHkZ la[;k ¼35@2008½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 10@09@2013 dks izkIr gqvk FkkA

[lañ ,y&41011@17@2008&vkbZvkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 10th September, 2013

S.O. 2137.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.35/2008) of

the Cent. Govt. Indust. Tribunal-cum-Labour Court,

Lucknow as shown in the Annexure, in the industrial

dispute between the management of Purvottar Railway and

their workmen, received by the Central Government on

10/09/2013.

[No. L-41011/17/2008-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, LUCKNOW

PRESENT

Dr. MANJU NIGAM,

Presiding Officer

I.D. No. 35/2008

BETWEEN

Mandal Sanghatan Mantri,

Purvottar Railway Shramik Sangh

283/63 KH, Garhi Kannora

Premvati Nagar, PO: Manak Nagar

Lucknow

AND

A.E.N.

Purvottar Railway

Bahraich

Sr. D.P.O.

Purvottar Railway Mandal Rail Prabhandak Karyalya

Ashok Marg

Lucknow

ORDER

1. By order No. L- 41011/17/2008-IR(B-I) dated

30.05.2008, 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 Mandal Sanghatan Mantri,

Purvottar Railway Shramik Sangh, 283/63 KH, Garhi

Kannora,Premvati Nagar, PO: Manak Lucknow (espousing

cause of Mohd Yusuf S/o Late Mohd. Yasin) A.E.N.

Purvottar Railway, Bahraich and Sr. DPO, Purvottar Railway

Mandal Rail Prabhandak Karyalya, Ashok Marg, Lucknow

for adjudication.

1. The reference under adjudication is:

"Kiya Purvottar Railway Prabhandtantra Ke Patra

29.06.2004 Ke Anusar Sansodhan Karke Use Dey Dhanrashi

Rs. 60,143/ Ka Bhugtan Sevanivrat Modh. Yusuf S/o Mohd

Yasin, Carpanter Ko Kiya Gaya, Kintu Es Rashi Par Bayaj

Na Diya Jana Niyaochit Evm Vaidh Hai? Karmkar Kis Rahat

Ko Panne Ka Adhikari Hai"?

2. The case of the workman Mohd. Yusuf, in brief, is

that he was employed as Carpanter, PWI, Purvottar Railway,

Bharaich and retired on 30.09.2001. The workman union

alleged that management withheld Rs. 60143/- from retrial

amount but in the year 2004 the management paid the same

amount to the workman. The workman union alleged that

Mohd Yusuf pay scale was considered Rs. 6200/- in place

of Rs. 6500/- due to malafide intention of the management.

The workman union prayed that Tribunal to order the

management to pay 18% interest on the withheld amount.

Case proceed exparte against management on 27.05.2009

next date i.e. 25.06.2009 workman filed his evidence on

affidavit W-8 Opposite party filed application to recall the

order to precede exparte dated 27.05.2009.The exparte order

was set aside vide order dated 07.04.2010.

3. The opposite party filed written statement stating

therein that the workman was paid all the retrial dues at the

time of retirement as per rule but Mohd. Yusuf was on

deputation in Iraq and his service on deputation was not

counted at the time of retirement. The opposite party stated

that when approval was received for counting the services

of deputation so his scale was upgraded from Rs. 6200/- to

Rs. 6500/- and arrear was paid to him. It was further pleaded

that as per Railway Services & Pension 1993 Chapter VI

5788

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

rule 87 (4) no interest on the arrears of gratuity shall be

paid. The Rule reproduced below;

"If as a result of Government's decision taken

subsequent to the retirement of a railway servant,

the amount of gratuity already paid on his retirement

is enhanced on account of;

(a) grant of emplouments higher than the emoluments

on which gratuity already paid was determined, or

(b) liberalization in the provisions of these rules from

a date of retirement of the railway servant concerned,

no interest on the arrears of gratuity shall be paid."

4. The workman filed its rejoinder; wherein he has

not brought any new fact apart from reiterating the

averments already made by him in his statement of claim.

The rejoinder was filed by workman on 07.07.2010 thereafter

the case was fixed for filing documents and evidence of

workman. Authorized representative of workman informed

that workman evidence on affidavit has already been filed

on 25.06.2009. No fresh evidence is to be filed.

5. The workman was cross examined on 27.09.2011

wherein he stated that letter no. E/TT/PC/Mohd.Yusuf/

carpenter/Engg. Dated 29.06.2004 was received by him

alongwith 3 cheques but has no knowledge of the rules.

Thereafter case was fixed for opposite party evidence w.e.f.

11.11.2011 but the evidence was not filed by opposite party.

On 10.01.2012, 29.02.2012, 11.04.2012, 10.05.2012 thereafter

the case fixed for argument. In this case the workman has

demanded 18% interest on the withheld amount of Rs.

60,143/- w.e.f. 01.10.2001 to 31.03.2006. It was submitted

that non payment of interest on withheld amount is not

only against the rules of Railway Board, but also violative

to provisions of I.D. Act. It was pleaded by the management

that as per Railway Services rule the applicant is not entitled

for the interest on the revised scale. Hence it is necessary

to quote the Railway Service & Pension Rule 1993 Chapter-

VII rule 87 (4) which is as under:

"If as a result of Government's decision taken

subsequent to the retirement of a railway servant,

the amount of gratuity already paid on his retirement

is enhanced on account of;

(a) grant of empoluments higher than the emoluments

on which gratuity already paid was determined, or

(b) liberalization in the provisions of these rules from

a date of retirement of the railway servant concerned,

no interest on the arrears of gratuity shall be paid."

6. Considering the facts and circumstances and the

Railway rules. I come to the conclusion that workman is

not entitled to interest as claimed by him. As such the

reference is answered in negative. Workman is not entitled

to the relief claimed.

7. Award as above.

Lucknow

Dated : 18.3.2013

Dr. MANJU NIGAM, Presiding Officer

ubZ fnYyh] 10 flrEcj] 2013

dkñvkñ 2138-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj iwoZ e/; jsyos

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k] tcyiqj ds iapkV lanHkZ la[;k ¼175@2001½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 10@09@2013 dks izkIr gqvk FkkA

[lañ ,y&41012@92@2001&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 10th September, 2013

S.O. 2138.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 175/2001)

of the Cent.Govt.Indus.Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Western Central Railway and

their workmen, received by the Central Government on

10/09/2013.

[No. L-41012/92/2001-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, JABALPUR

No. CGIT/LC/R/175/2001

PRESIDING OFFICER : SHRI R. B. PATLE

Smt. Sumanbai,

W/o Late Shri Devisingh,

Vill-Shrawada, Post Gadarwada,

Tehsil Piparia,

Distt. Hoshangabad

Workman

Versus

Divisional Railway Manager,

Western Central Railway,

Jabalpur (MP)

Management

AWARD

Passed on this 8th day of August, 2013

1. As per letter dated 15-11-2001 by the Government

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

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5789

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-41012/

92/2001-IR(B-I). The dispute under reference relates to:

"Whether the action of the management of Divisional

Railway Manager, Western Central Railway, Jabalpur

(MP) is not giving family pension to Smt. Suman Bai,

widow of deceased workman Devi Singh, MRCL

working under PWI, Damoh after death of her

husband on 19-9-92 is legal and justified? If not to

what relief Smt. Suman Bai is entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party widow of deceased workman filed her

statement of claim at Page 5/1 to 5/2. The case of Ist party

is that she is widow of Late Devi Singh, MRCL under PWI

(Damoh). Her husband died on 19-9-92. That she received

compensation Rs. 76202/- under Workman Compensation

Act. That she was repeatedly approaching Railway

authorities for family pension. Her request was not

considered. That after failure of conciliation proceedings,

the dispute has been referred. She submits that her husband

was working as monthly rated casual labour enjoying

temporary status as provided under Railway Establishment

Manual Para 2501, 2311(3b). That as per Para 801 of Railway

Pension Rules, the management of IInd party is bound to

pay family pension to her. On such grounds, she prays for

grant of family pension and arrears with interest.

3. IInd party filed Written Statement opposing the

claim. Preliminary objection is raised that the reference is

initiated after lapse of 6 years. The records are preserved

for a period of 5 years. The records are destroyed after

prescribed period. Therefore the claim of Ist party is not

tenable. The IInd party did not dispute that the husband of

Ist Party was working as MRCL. However it is denied that

Ist party is entitled to family pension. That her claim is not

tenable is not covered under Para 801 of Railway Service

Pension Rules 1973. The widow of deceased MRCL is not

entitled to pension. On such ground, management prays

for rejection of claim of Ist party.

4. Ist party filed rejoinder reiterating her contentions

in statement of claim. That her claim for pension is tenable

under the Rules.

5. Considering pleadings of 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 widow of

In Negative

deceased workman

Devi Singh, MRCL

working under PWI,

Damoh is entitled to

family pension after

death of her husband

on 19-9-94?

(ii) If not, what relief the

Relief prayed by

workman is entitled to?"

Ist party is rejected.

REASONS

6. Is party widow of deceased MRCL is claiming family

pension in support of her claim. She has filed evidence on

affidavit. That after death of her husband, she received

compensation Rs. 76202/-. She has submitted application

for family pension. In her cross-examination, she admits

that her husband was not regularized in service. Full

Compensation amount was paid to her. She claims

ignorance whether family pension is paid to the regular

employees.

7. Management filed affidavit of witness of Shri

Gyanand Shukla denying claim for family pension. In his

cross-examination, management's witness says deceased

MRCL was not working under him. He is working on present

post from July 2011. IInd party denies claim for family

pension of the workman. MRCL paid monetary wages. He

was not concerned with working in Engineering section.

He deposed as per record. Copy of family pension Scheme

for Railway employees 1961 is produced. Para 801 of those

rules does not include employee working as MRCL.

8. Counsel for Ist party in support of the claim on

family pension relies on ratio held in case of.

"Divisional Suptd. Eastern Railway versus Presiding

Officer reported in 1986-LIC-36. His Lordship dealing

with Para 2501 to 2311 of Railway Establishment

Manual held construction unit of Railway is

permanent unit and not a project. Casual employees

working continuously for six months conferred

temporary status on him. The management is bound

to give family pension."

9. On the point of demand of family pension, counsel

for IInd party Mr. Shashi relies on ratio held in case of.

"General Manager North Western Railway versus

Chanda Devi reported in 2008(2) - SC-108. His

Lordship of the Apex Court held Railway rules make

distinction between casual labourer having

temporary status which protects only casual

employee's service. Hence widow of casual labour is

not entitled to family pension."

5790

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

In para 23 of the judgment, their Lordship have

elaborately discussed the family pension Scheme 1964.

Their Lordship observed in all these cases though some of

them have been screened, yet appointments were not given

since the temporary posts obviously were not available or

in some cases, they were not even eligible for screening

because the posts become available after death. Under

these circumstances, the respondent widow are not eligible

for family pension."

The ratio held in above cited case relied by IInd party

holds the field. The judgment by Supreme Court needs to

be followed instead of the judgment in 1986-LIC-36.

10. For above reasons, I hold that the widow of

deceased MRCL is not entitled to family pension therefore

I record my finding in Point No. 1 in Negative.

11. In the result, award is passed as under:—

(1) The action of the management in refusing pension

to widow of deceased MRCL Devi Singh is legal.

(2) Relief prayed by widow is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 11 flrEcj] 2013

dkñvkñ 2139-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV cSad vkWQ

bankSj izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k]

tcyiqj ds iapkV lanHkZ la[;k 81@2003 dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 11@09@2013 dks izkIr gqvk FkkA

[lañ ,y&12012@297@2002&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 11th September, 2013

S.O. 2139.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 81/2003) of

the Cent. Govt. Indus.Tribunal-cum-Labour Court, Jabalpur

as shown in the Annexure, in the industrial dispute between

the management of State Bank of Indore and their workmen,

received by the Central Government on 11/09/2013.

[No. L-12012/297/2002-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, JABALPUR

No. CGIT/LC/R/81/2003

PRESIDING OFFICER: SHRI R.B. PATLE

General Secretary,

Daily wages Bank Employees Association,

9, Sanwer Road,

Ujjain

...Workman/Union

Versus

General Manager (Operations),

State Bank of Indore, Head Office,

5, Yeshwant Niwas Road,

Indore (MP)

...Management

AWARD

Passed on this 16th day of August, 2013

1. As per letter dated 28-3-2003 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/

297/2002-IR(B-I). The dispute under reference relates to:

"Whether the action of the management of General

Manager(O), State Bank of Indore in terminating the

services of Shri Mohan Raikwar w.e.f. 6-10-99 and

not regularizing him is justified? If not, what relief

the workman is entitled for?"

2. After receiving reference, notices were issued to

the parties. Workman through Secretary of Daily Wage

Bank Employees Union filed statement of claim to Page 2/

1 to 2/7. Case of workman is that Branch Manager Shri

Hemant Lehane on administrative exigency engaged Ist

party workman for cleaning work on wages Rs. 40/- per day

from 10-9-96. That he was paid wages after deducting wages

for holidays. He was required to perform different works.

His wages were paid preparing bills. The vouchers for

payment of wages were prepared in names of different

persons. That one of the voucher for Rs. 800/- was prepared

in the name of Shri Raju, Radhakrishna, Koshore Kumar.

That he was continuously working in the bank till 6-10-99.

His services were terminated without notice or paying

retrenchment compensation. He was continuously working

for more than 240 days and as such covered under Section

25-B of I.D. Act. That his services are terminated in violation

of Section 25-F, G N of I.D. Act. Principles of last come first

go was not followed. The wages were paid in different

heads. He was paid bonus for the year 96 to 99. On such

grounds, Ist party workman prays for his reinstatement

with consequential benefits.

3. Written Statement is filed at page 5/1 to 5/6. The

claim for Ist party workman is denied. That workman was

never employee of the Bank. Reference is vague. The

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5791

reference is not tenable. That for appointment of sub-staff,

there is recruitment process. No public notice was issued

for appointment, the name of workman was not sponsored

through employment Exchange. The recruitment process

was not followed. Workman did not complete 240 days

continuous service. IInd party Bank never engaged or

appointed workman. That utilizing services for few hours

in a week for fetching drinking water does not give right of

an employee to the workman. That provisions of I.D. Act

are not applicable in the matter as there is no employee

employer relationship. On such ground, IInd party prays

for rejection of relief prayed by workman.

4. Rejoinder is filed by workman at Page 13/1 to 13/3.

The workman has reiterated that his services are terminated

in violation of Section 25-F of I.D. Act. He was paid bonus

for 1996. He had completed 240 days continuous service.

5. 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 General

Manager(O), State Bank

of Indore in terminating

the services of

Shri Mohan Raikwar

w.e.f. 6-10-99 and not

regularizing him is legal?

(ii) If not, what relief the

Relief prayed by

workman is entitled to?"

workman is rejected.

REASONS

6. Before dealing with other contentions, I make it

clear that the objections filed under Section 36 of I.D. Act

about locus of Shri Ram Nagwanshi Secretary of Union

and for engaging Advocate were not pressed.

7. The workman is challenging termination of his

services. He also prays for regularization of his services

contending that he completed 240 days services during

each year. His services were terminated in violation of

Section 25-G, H of I.D. Act. IInd party denied all contentions.

Workman filed affidavit of his evidence covering most of

his contentions in statement of claim. That he had

completed 240 days continuous service. On his demand

for bonus, his services were terminated without paying

bonus or retrenchment compensation. Workman has also

stated that his wages were paid in name of Maheshwari

book. Santosh electrical etc. preparing bonus bills. In his

cross-examination, workman says appointment letter was

not given to him. No order of termination of services was

issued. There are rules for recruitment in the Bank. The

appointments are made after Written Test and interview.

He had not appeared in Written test. That the Manager

had taken interview but its result was not informed. No

exam was conducted having candidates 50 to 100. That

zerox copies of documents were supplied to him by Manager

but he was unable to tell from which registers those copies

were issue to him. Workman has produced documents

Exhibit W-1 copy of circular issued by General manager

regarding engagement of the casual employees should be

avoided. Exhibit W-2, W-3 is document about payment of

Rs. 350 for the work of filling water in coolers. Exhibit W-4

is copy of invitation on transfer of Manager Lahane. Exhibit

W-5 is copy of invitation of Rang Panchami. Exhibit W-6 is

copy of invitation is for sender on transfer of Mr. Ramesh

Dubey. W-7 is notice about programme organized on

transfer of the officer. Exhibit W-8 is also copy of invitation

of programme on transfer. All those documents have not

bearing about the work on workman in the Bank. The

documents Exhibit W-9, 10 to 14 are difficult to understand

what is written in those documents. Exhibit W-15 is copy

of settlement dated 13-7-93.

8. Workman has not examined any co-employee, any

employee in the Bank about payment of salary to him. The

evidence of workman that he received wages under the

bogus bills prepared in name of different persons cannot

be legalized. Any of those persons are not examined as

witness. The evidence adduced by workman is not

sufficient to prove that the workman was working for more

than 240 days preceding 12 months of his termination of

service.

9. The evidence of management's witness Shri Abhay

Joshi is filed. Affidavit of said witness is devoted that

workman was continuously working from 10-9-96 to October

99. That for cleaning work, the services of workman were

engaged, he was to work one hour in the morning and one

hour in the evening. As per exigency the wages were paid.

In his cross-examination, management witness say that he

was not working in the Bank during the relevant period. He

had inquired from branch managers on telephone. His

suggestion is denied that workman had worked for 300

days in a year.

10. Reliance is placed in ratio held in case of

"Krishna Bhagya Jala Nigam Ltd. Versus Mohammed

Rafi reported in 2009(11) Supreme Court Cases 522.

Their Lordship of the Apex Court held burden of

proof as to completion of 240 days of continuous

work in a year lies on the aggrieved workman."

5792

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

In case of State of Haryana versus Ramesh Kumar

reported in 2008(11) Supreme Court Cases 435. Their

Lordship dealing with Section 25-B(2)(a)(ii) and Section

25-F held burden of proof that workman had worked for

240 days as prescribed in Section 25-B(2)(a)(ii) and therefore

completed one year's service required under Section 25-F

burden is on the workman.

Though the evidence of management's witness is

not corroborated from documents or any other witness

that workman was working only in morning and evening,

the burden lies on the workman to prove that he completed

240 days continuous service. The evidence of workman

himself is that he has received wages under the bonus bills

prepared in the name of other persons cannot be relied

upon that he had actually received payment therefore

workman has failed to prove that he was continuously

working for more than 240 days preceding his termination.

Therefore workman is not entitled to protection of Section

25-F of I.D. Act.

11. The evidence of workman is not clear who is

employed after termination of his service, therefore

violation of Section 25-G, H of I.D. Act cannot be

established. The ratio relied by Shri Ram Nagwanshi in

case of Samishta Dube and City Board Etawah and another

reported in 1999(81) FLR 746 cannot be applied to the case

at hand.

12. For reasons discussed above, action of the

management terminating service of workman cannot be

said illegal. For above reasons, I record my finding in Point

No. 1 in Affirmative.

13. In the result, award is passed as under:—

(1) Action of the management of General Manager(O),

State Bank of Indore in terminating the services of

Shri Mohan Raikwar w.e.f. 6-10-99 and not

regularizing him is legal.

(2) Relief prayed by workman is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 11 flrEcj] 2013

dkñvkñ 2140-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj Hkkjrh; LVsV cSad

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k]

tcyiqj ds iapkV ¼lanHkZ la[;k 80@99½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 11-09-2013 dks izkIr gqvk FkkA

[lañ ,y&12012@168@98&vkbZvkj¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 11th September, 2013

S.O. 2140.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 80/1999)

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

11.09.2013.

[No. L-12012/168/1998-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/80/99

PRESIDING OFFICER: SHRI R.B. PATLE

General Secretary,

Daily Wages Bank Employees Association,

9, Sanwar Road, Ujjain (MP)

.......Workman/Union

Versus

General Manager (Operations)

State Bank of India,

Head Office, Yeshwant Niwas Road,

Indore

......Management

AWARD

Passed on this 16th day of August 2013

1. As per letter dated 29.1.1999 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/

168/98-IR(B-I). The dispute under reference relates to:

"Whether the action of the management of State Bank

of Indore in terminating the services of Shri Suraj

Kumar Pawar w.e.f. 28.3.1997 is legal and justified? If

not, to what relief the said workman is entitled for?"

2. After receiving reference, notices were issued to

the parties. Ist party workman through Daily Wage Bank's

Union filed Statement of Claim at Page 3 to 6. Case of Ist

party workman is that he was working in Nimadkhedi branch

of the Bank as safaiwala. From 1.5.92, he was paid wages

Rs. 20 per day. He was working from 10.30 AM to 6 PM

every day. He rendered services satisfactorily. His wages

were increased to Rs. 40. In January 94, he was required to

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5793

work at Rajgarh Branch, he was paid wages Rs. 40 per day.

He was doing cleaning, dusting etc. works. He was also

required to do work of taking entries in token book, log

book, ledger, supply of drinking water to staff and

customers. He was required to purchase articles and

distribute dak. He was stitching bundles of notes.

3. On April, 1995, Shri Kantilal died. Other guards

Shri Ram Singh has retired on August, 1996. Ist party desired

his appointment on regular basis. A note was also submitted

by Branch Office to the General Manager. That order was

also issued on 2.1.1997 for payment of half of the pay scale

to him. From January 1997 to March 1997 Ist party was paid

wages by cheque. He had completed 240 days continuous

service as provided under Section 25-B of I.D. Act. His

services were illegally terminated from 28.3.1997. He was

not served with notice for retrenchment. He was not paid

retrenchment compensation, junior employees were

continued. He was not given opportunity of re-employment,

termination of his services is in violation of Section 25-F, G,

H of I.D. Act. On such grounds, Ist party prayed for

reinstatement with back wages.

4. IInd party filed Written Statement at Page 15/1 to

15/8. IInd party totally denied claim of workman. II party

submitted that Ist party was not appointed on permanent

or temporary post. The Union had no locus to file statement

of claim on behalf of the workman as the workman was not

its member. The Union was not party to the conciliation

proceeding before ALC, therefore it has no locus to

represent the workman.

5. IInd party denied contentions of workman that he

was working from 8 AM to 8 PM every day from 1.5.1992. It

is denied that the workman rendered his services

satisfactorily. It is denied that workman was paid wages

Rs. 20 were increased to Rs. 40 per day. According to IInd

party workman was engaged for cleaning and dusting work

when any other regular employee was absent. The workman

was not working for whole day. He was paid wages at the

rate for the wage workman had worked. All other contentions

of the workman are denied. It is submitted that as workman

is not appointed by the Bank, there is no employer employee

relationship. The workman is not entitled to relief prayed

by him. The workman was not appointed following selection

procedure. Therefore, he is not entitled to regularization.

On such grounds, IInd party prays for rejection of claim of

Ist party workman.

6. 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 State Bank

of Indore in terminating

the services of

Shri Suraj Kumar Pawar

w.e.f. 38.3.1997 is legal?

(ii) If not, what relief the

As per final order

workman is entitled to?"

REASONS

7. Before dealing with other contentions, I make it

clear that the objections filed under Section 36 of I.D. Act

about locus of Shri Ram Nagwanshi Secretary of Union

and for engaging Advocate were not pressed.

8. Ist party workman is challenging termination of

his services. The workman submits that he was

continuously working with the Bank from 1.5.1992 to

28.3.1998. From 18.1.1994, the workman was working at

Rajgarh branch. After death of Kantilal, peon and retirement

of Guard Ram Singh, he has requested for regular

appointment, it was refused. His services are terminated

without issuing notice or retrenchment compensation,

juniors were continued. All such contentions of workman

are denied by the management. The documents are admitted

by the management. Exhibit W-1 is letter issued by General

Manager directing the Managers of all the branches not to

engage employees on daily wages for cleaning etc. work.

All other documents produced by workman are denied.

9. Workman filed affidavit of his evidence covering

all contentions in Statement of Claim that he was working

on daily wages in the Bank from 1.5.1992 and his services

were terminated without issuing notice of without paying

retrenchment compensation. Termination of his service is

illegal. That he had completed 240 days continuous service

prior to his discontinuation. He was paid half of the pay

scale for January 97 to March 97. In his cross-examination,

workman says that he was casual labour on daily wages.

Wages at the rate of 25, 25 per day are paid to the casual

labours. His name was not sponsored through Employment

Exchange. He admits that peons, security guard are

appointed following rules. He had not appeared for

examination for post of peon. He was not given appoitment

letter. He was unable to tell how much salary was paid to

the regular peon. That he was casually paid wages Rs. 20

per day was increased to Rs. 40 per day. In his entire cross-

examination, IInd party has not challenged that workman

had worked for more than 240 days. Thus, the workman is

covered under Section 25(B) of I.D. Act.

10. Management filed affidavit of witness Shri

Jitendra Kumar supporting contentions of management in

5794

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

Written Statement that the workman was working as casual

employee on daily wages but he was not continuously

working from 10.30 AM to 6 P.M. All other contentions of

the workman are denied by said witness. In his affidavit,

management's witness has stated that Ist party workman

was not employee of the Bank. There was no employer

employee relationship, there was no question of his

completing 240 days service. Workman was required to

work for one hour in morning and one hour in evening. In

his cross-examination, witness of the management says

that affidavit of evidence is based on the record. Those

documents are not produced on record. He had not enquired

from the Branch Manager working at the relevant period.

11. If evidence of the workman and management's

witness is tested on probability, the evidence of

management's witness are based on office record. Those

documents are not produced. On the other hand in evidence

of workman, management has not challenged that he was

working for continuous 240 days during 12 calendar months

of his termination. Management's witness was not working

at the relevant time when Ist party workman was working

in the Bank. The Bank has admitted working of workman. It

was disputed that the workman was not working from 10.30

to 6 P.M. He was working for only one hour in morning and

one hour in the evening. This fact is not substantiated by

any kind of evidence by IInd party. Therefore, evidence of

workman deserves to be accepted. The evidence of

management's witness is silent about issuing notice or

payment of retrenchement compensation. The evidence is

clear that the services of Ist party workman are terminated

in violation of Section 25-F of I.D. Act as such illegal.

Therefore, I record my finding in Point No. 1 in Negative.

12. Point No. 2 — In view of my finding in Point No. 1,

question arises as to what relief the workman is entitled.

The pleadings and evidence on record are clear that name

of workman was not sponsored through employment

Exchange. He was working on daily wages from 1992 to

1997. On this point, reliance is placed in case of

"Hindustan Petroleum Corporation Ltd. Versus Ashok

Ranghba Ambre reported in 2008 (2) Supreme Court

cases 717. Their Lordship of the Apex Court dealing

with setting aside of illegal termination as violative

of Section 25-F held does not necessarily follow that

workman is entitled to status of permanency and

claim of regular pay scales and other benefits based

on permanency. The work "regular" and

"regularization" do not connote "permanence".

The ratio held in the case does not support the claim

of workman for regularization or reinstatement in service.

Next reliance was placed in ratio held in case of

Mahboob Deepak Versus Nagar Panchayat Gajraula and

another reported in 2008 (1) Supreme Court Cases 575. Their

Lordship dealing with termination of daily wage labour

having completed 240 days of continuous service in a year

held services terminated on grounds of misconduct for

financial irregularities without complying with Section 6-N

U.P. Industrial Dispute Act. The appellant's claim for

regularization held not sustainable."

Case of Ist party workman is not comparable and he

is not terminated on ground of any kind of misconduct of

financial irregularities. The ratio cannot be applied to said

case. However as the workman was not appointed

following selection process, he was working on daily

wages, his appointment was not against sanctioned post

therefore the workman is not entitled for regularization.

13. The workman has prayed for his reinstatement

with back wages as the appointment of workman was not

made after following selection process, he was working on

daily wages, however, his services are terminated in

violation of Section 25-F of I.D. Act, reinstatement of

workman would not be appropriate. Considering facts and

evidence on record, in my considered view compensation

of Rs. 25,000 would be proper and meet the ends of justice.

Accordingly I hold and record my finding in Point No. 2.

14. In the result, award is passed as under:—

(1) Action of the management of State Bank of Indore

in terminating the services of Shri Suraj Kumar Pawar

w.e.f. 28.3.1997 is illegal.

(2) IInd party is directed to pay Compensation

Rs. 25,000 to the Ist party workman.

Amount as per above order shall be paid to workman

within 30 days. In case of dafault, amount shall carry 9%

interest per annum from the date of award till its realization.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 11 flrEcj] 2013

dkñvkñ 2141-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj LVsV cSad vkWQ

bankSj izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k]

tcyiqj ds iapkV ¼lanHkZ la[;k 23@2002½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 11-09-2013 dks izkIr gqvk FkkA

[lañ ,y&12012@278@2001&vkbZvkj¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5795

New Delhi, the 11th September, 2013

S.O. 2141.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 23/2002)

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 Indore

and their workmen, received by the Central Government on

11.09. 2013.

[No. L-12012/278/2001-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/23/2002

PRESIDING OFFICER: SHRI R.B. PATLE

Dy. General Secretary,

Dainik Vetan Bhogi Bank Karmchari Sangathan,

9, Sanwar Road, Hardeo Niwas,

Ujjain (MP)

.......Workman/Union

Versus

Managing Director,

State Bank of India,

5, Yeshwant Niwas Road,

Indore

......Management

AWARD

Passed on this 16th day of August, 2013

1. As per letter dated 8.1.2002 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/

278/2001-IR(B-I). The dispute under reference relates to:

"Whether the action of the management of State Bank

of Indore, Indore (M.P.) in terminating the services

of Shri Ashok Kumar Dangad after completion of 2

years service and not regularising him is justified? If

not, what relief the workman is entitled?"

2. Ist party workman submitted statement of claim

through Secretary of Daily Wages Bank Employees Union.

The case of Ist party is that he was working as permanent

peon in the bank. He was paid wages Rs. 35/- per day. He

was doing cleaning etc. work. He was doing service with

honesty, devotion. His wages were increased to Rs. 65/-

per day. He had completed 240 days continuous service.

When he requested for appointment on permanent post

and bonus, his services were terminated from 10-9-97. His

services were terminated without issuing notice or paying

retrenchment compensation. He further submits that he

was paid bonus Rs.100/- for the year 94-95 and 95-96. The

termination of his service is in violation of Section 25-F of

I.D. Act. That junior employees were continued. Principles

of last come first go was not followed. Section 25-G, N of

I.D. Act was violated. He has completed 240 continuous

service. He was not called employment when other

employee were engaged by the bank. On such ground, 1st

party prays for reinstatement with consequential benefits.

3. IInd party filed Written Statement at page 11/1 to

11/8. The case of IInd party is that Bank has rules and

regulations for appointment of sub-staff. The Branch

Manager has no power for appointment. The 1st party

workman was not appointed following recruitment process,

his name was not sponsored through Employment

Exchange. Workman was engaged as daily rated casual

labour for 2-3 hours. Objection is also raised by IInd party

that there was no employer employee relationship between

parties therefore reference of dispute is not proper and

legal. That Shri Ram Nagwanshi a dismissed employee

claims to be General Secretary of the Union as per ratio

held in AIR SC 1865, he cannot represent the workman.

The workman is not entitled to regularization as per ratio

held in various cases by the Apex Court. On such grounds,

IInd party prays for rejection of the relief prayed by workman.

4. 1st party filed rejoinder at Page 15. It is submitted

by 1st party that after disengagement of 1st party workman,

IInd party has employed Shri Kishore Kumar on wages

Rs. 60 per day. The services of workman are terminated

without notice or paying retrenchment compensation.

5. 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 State Bank

of Indore, Indore (MP) in

terminating the services

of Shri Ashok Kumar Dangad

after completion of

2 years service and not

regularising him is legal?

(ii) If not, what relief the

As per order

workman is entitled to?"

REASONS

6. Before dealing with other contentions, I make it

clear that the objections filed under Section 36 of I.D. Act

about locus of Shri Ram Nagwanshi Secretary of Union

and for engaging Advocate were not pressed.

7. Ist party workman is challenging termination of

his services under Section 25-F, G, H of I.D. Act. The

management has denied almost all contentions of workman.

The affidavit of evidence of workman is filed covering most

5796

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

of his contentions that he was working in the Bank from

9-3-95. His services were terminated on 10.9.1997. He was

initially paid wages Rs. 35 per day. Wages were increased

to Rs. 65 per day. He has completed 240 days continuous

service. His services were terminated without issuing notice

or paying retrenchment compensation. He has received

bonus Rs. 100 each in 1995-96. In his cross-examination,

workman says no appointment letter was given to him. He

had not appeared for exam for post of peon. He had not

submitted any application for such examination. That he

was working as daily wage employee. He has no certificate

about working on daily wages. That he was paid wages

Rs. 35, 65 per day as agreed. Nothing is due against the

Bank towards his wages. After his termination on 10.9.1997,

he did not receive any order in writing that he has not

produced certificate about working more than 250 days.

However there was no denial in cross-examination of

workman that he had not completed 240 days continuous

service claimed by him.

8. Management filed affidavit of evidence of his

witness Shri Ashutosh Bhargave supporting contention

of the management that workman was working for 2-3 days

and agreed wages were paid to him. No recruitment process

was followed before workman was engaged. The

engagement of 1st party was as per exigency. That working

for 2-3 hours cannot be said appointment on regular basis.

In his cross-examination, management witness says that

name of worker was not sponsored through Employment

Exchange, no record was available in that regard. Regular

appointment are made following the rules. No permission

of competent authority was obtained for appointment of

workman. The witness said that the Branch Manager himself

was competent authority and no permission was required.

He claims ignorance about letters dated 9.3.1995 for

payment of bonus. The documents Exhibit W-1, W-2 about

payment of bonus are admitted in evidence. Merely

payment of bonus in exhibit W -1 & 2 cannot establish

that workman was continuously working for 240 days

preceding his termination. At the same time, it needs to be

noted that evidence of workman on this point in his affidavit

was not challenged. Therefore, I do not find reason to

disbelieve his evidence on record. Though the

management's witness has stated in his affidavit of evidence

that workman was working for 2-3 hours a day, in his cross-

examination, he says that he was not working in Shyamgarh

branch during the period 9.3.1995 to Sept., 1997. The

witness has no personal knowledge about working in the

branch. The cross-examination of management's witness

that his evidence is not based on documents, documents

are not produced, he was not working at that time. He was

not having personal knowledge about the workman.

Therefore the unchallenged evidence of workman deserves

to be accepted. Workman has completed 240 days

continuous service. His services were terminated without

notice or without paying retrenchment compensation.

Therefore it amounts to illegal retrenchment. For above

reasons, I record my finding in Point No.1 in Negative.

9. Point No. 2— In view of my finding in Point No. 1,

question arises to what relief the workman is entitled.

Workman was not appointed following selection process,

he had not appeared in exam for appointment of peon, his

name was not sponsored through Employment Exchange.

As appointment was not against sanctioned post, therefore

the workman is not entitled for regularization or

reinstatement with back wages. Considering the workman

was working on daily wages in the Bank from 9-3-95 to

10-9-97 for about 2 1/2 years compensation Rs. 20,000/-

would be reasonable. Accordingly I hold and record my

finding in Point No. 2.

10. In the result, award is passed as under:—

(1) Action of the management of State Bank of

Indore, Indore (MP) in terminating the services of

Shri Ashok Kumar Dangad after completion of 2

years service and not regularising him is illegal.

(2) IInd party is directed to pay compensation

Rs. 20,000 to the 1st party workman.

Amount as per above order shall be paid to

workman within 30 days. In case of default, amount

shall carry 9 % interest per annum from the date of

award till its realization.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2142-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj e/; jsyos izca/

kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k@Je

U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k 78@2000½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 12@09@2013 dks izkIr gqvk FkkA

[lañ ,y&41012@117@99&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 12th September, 2013

S.O. 2142.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 78/

2000) of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial

dispute between the management of Central Railway and

their workmen, received by the Central Government on

12/09/2013.

[No. L-41012/117/99 - IR(B-I)]

SUMATI SAKLANI, Section Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5797

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/78/2000

PRESIDING OFFICER: SHRI R.B. PATLE

Shri Khushilal,

S/o Shri Amar Singh,

Vill Panajara,

Near Bankheri,

Tehsil Sohagpur, .

Distt. Hoshangabad (MP)

... Workman

Versus

Divisional Railway Manager,

Central Railway,

Jabalpur

... Management

AWARD

Passed on this 8th day of August, 2013

1. As per letter dated 4-4-2000 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/

117/99-IR(B-I). The dispute under reference relates to:

"Whether the termination of services of

Shri Khushilal, Khalasi by the management of Central

Railway Jabalpur (MP) is justified? If not, to what

relief is the workman entitled?"

2. After receiving reference, notices were issued to

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

Page 3/1 to 3/3. The case of 1st party is that he had worked

under PWI construction, Central Railway at Lonawala,

thereafter at PWI Harda, PWI, Gadarwara, Burhanpur,

IOS(W) Bhopal during different period from 29-12-83 to

18-1-89. The different period are given in para-1 of the

statement of claim. That he was treated as monthly rated

casual labour. He was medically examined on 23-1-89 at

Railway Hospital, Jabalpur. He was found fit in B-2 as per

Certificate. After medical examination, his services were to

be regularized as required employee. However his services

were terminated from 24-4-89 illegally. That as per procedure

and rules on completion of 3 months service, he was entitled

for temporary status. That Discipline appeal Rules are

applicable to them. However his services were terminated

without notice is illegal. On such grounds, he prays for

reinstatement with back wages.

3. Management of IInd party filed Written Statement

at Page 9/1 to 9/2. Preliminary objection is raised that

workman was declared unfit on medical examination by

DMO, Jabalpur. He was found fit as B-2 and not for B-1

therefore the workman was not entitled for posting. The

Railway Administration appointed one Inspector for

enquiry regarding the casual work place. The report was

submitted by Inspector was adverse. The claim of the

workman is based on documents. That he was appointed

as monthly rated khalasi, PWI Narsinghpur is false. All

other contentions of workman are denied. 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 termination

In Affirmative

of services of

Shri Khushilal, Khalasi

by the management of

Central Railway Jabalpur

(MP) is legal?

(ii) If not, what relief the

Relief prayed by

workman is entitled to?"

workman is rejected.

REASONS

5. 1st party is challenging termination of his service

by the management of IInd party. He claims that he was

working from 1983 to 1989 under different PWIs. In support

of his clim, he filed affidavit of his evidence. The workman

had stated that he was working under PWI, Harda,

Gadarwara, Burhanpur during 1984 to 1986. Again he was

working under PWI Gadarwara from 86 to 88 and PWI

Narsinghpur from 89. His services are terminated without

notice in violation of law. In his cross-examination, workman

says during 83- 84, he was engaged on work, he was unable

to tell dates, 83-84 he worked for 8 months regular work

was allowed to him. The work was provided on his request.

He worked last in 1989 for 4 months. He was unable to tell

the months he was working during said period. On his

request to provide work he was assured by PWI to provide

work when available. That on medical examination, he was

found fit in B-2 category and he admits that B-2 category

persons is not provided work. In B-1 category, light job is

provided.

6. Management filed affidavit witness of

Shri Mahendra Kumar Bamnotiya. The witness supported

the contentions of management that workman did not work

for 120/240 days without break. The reference is initiated

after gap of more than 10 years. The document are not

preserved for such long period. The claim of workman that

he was continuously working for 240 days preceding 12

months of his termination is not supported by the

document. Casual Labour Card finds entry of work from 3-

6-88 to 18-6-88 and 19-9-88 to 18-10-88. As per document

Exhibit M-l produced by the management, the details of

working days were supplied. As per Exhibit M-2 working

days of workman in 85-86 are less than 240 days. The

evidence on record is not sufficient to hold that workman

5798

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

was continuously working for more than 240 days

preceding 12 months of termination of his services therefore

workman is not entitled for protection under Section 25-F

of I.D. Act. The notice under Section 25-F was not

necessary. For above reasons. I record my finding in Point

No.1 in Affirmative.

7. In the result, award is passed as under:—

(1) The termination of services of Shri Khushilal,

Khalasi by the management of Central Railway

Jabalpur (MP) is legal.

(2) Relief prayed by workman is rejected.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2143-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj nf{k.k jsyos

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] gSnjkckn ds iapkV lanHkZ la[;k 25@2010 dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 12-09-2013 dks izkIr gqvk FkkA

[lañ ,y&12025@01@2013&vkbZvkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 12th September, 2013

S.O. 2143.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 25/2010)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of South Central Railway

and their workmen, received by the Central Government on

12.09.2013.

[No. L-12025/01/2013-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT

AT HYDERABAD

PRESENT

Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 19th day of July, 2013

INDUSTRIAL DISPUTE L.C. NO. 25/2010

Between:

Sri N. Laxmaiah,

S/o Narsaiah,

R/o Pochammawada, Alir.

C/o M/s. G. Ravi Mohan,

16-9-749/41, Race Course Road,

Old Malakpet, Hyderabad.

..... Petitioner

AND

1. The Assistant Divisional Engineer,

South Central Railway,

Kurnool Town, Kurnool District.

2. The Divisional Railway Manager (Works),

South Central Railway,

Hyderabad Division,

Secunderabad.

.... Respondents

Appearances:

For the Petitioner

:

M/s. G. Ravi Mohan, Vikas Sharma

and K. Bhaskar, Advocates

For the Respondent :

Sri J.T. Sastry, Advocate

AWARD

Sri N. Laxmaiah, the Petitioner who worked as

Gangman in the Respondent's organization has filed this

petition under Sec. 2A(2) of the Industrial Disputes Act,

1947 against the Respondents South Central Railway

seeking for declaring the removal order dated 2.3.2007

issued by the Respondent No. 1 as illegal, arbitrary and to

set aside the same consequently directing the Respondent

to reinstate the Petitioner into service duly granting all the

consequential benefits such as continuity of service, back

wages and all other attendant benefits etc., and such other

reliefs as this court may deems fit.

2. The Respondents filed counter stating that the

prayer of the Petitioner to set aside the termination order of

the Respondent has no substance and no relevance to the

facts of the case. Moreover, it is submitted that vide letter

No. YW/42/WIV/DAR dated 18.9.2007, the reviewing

authority had earlier considered the appeal of the Petitioner

and reduced the penalty of removal from service and

ordered that he be taken back in the initial grade of

appointment in scale Rs. 2610-3540 fixing his pay at

Rs. 2610 till he is found suitable for higher grade of

Rs. 2650-4000 by competent authority and that the

intervening period from date of removal to date of rejoining

duty is treated as Dies Non, and the employee is now in

service and as such, the petition may be dismissed.

3. Case stands posted for evidence of Petitioner.

Petitioner called absent and there is no representation for

him. Inspite of giving fair opportunity Petitioner is not taking

interest in the proceedings. Respondent's counsel reported

that Petitioner is already reinstated into service as revealed

by him in his counter. Therefore, in the given circumstances,

taking that Petitioner has got no interest in the proceedings,

petition is dismissed.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5799

Award passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant

transcribed by her corrected by me on this the 19th day of

July, 2013.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for

Witnesses examined for

the Petitioner

the Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2144-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj Hkkjrh; LVsV cSad

ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k@Je U;k;ky;] y[kuÅ ds iapkV ¼lanHkZ la[;k 13@2008½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 12@09@2013 dks izkIr

gqvk FkkA

[lañ ,y&12012@169@2007&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 12th September, 2013

S.O. 2144.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 13/2008)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Lucknow 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

12/09/2013.

[No. L-12012/169/2007 - IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT

LUCKNOW

PRESENT

Dr. MANJU NIGAM, Presiding Officer

I. D. No. 13/2008

Ref. No. L-12012/169/2007-IR(B-I)

Dated: 07.02.2008

Between:

Sri Inder Singh S/o Late Sri Mathura Singh

Village & PO : Sehatwar

Distt.-Ballia (UP)

AND

1.

The Manager

State Bank of India

Moti Mehal Marg, Hazratganj

Lucknow

2.

The Regional Manager

State Bank of India

Anchalik Karyalaya Region-3

Varanasi (UP)

AWARD

1. By order No. L-12012/169/2007-IR(B-I) dated

09.02.2008 the Central Government in the Ministry of

Labour, New Delhi in exercise of powers conferred by clause

(d) of sub-section (1) and sub-seciton (2A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947) referred this

industrial dispute between Sri Inder Singh S/o Late

Sri Mathura Singh, Village & PO: Sehatwar, Distt. - Ballia

(UP) and the Manager, State Bank of India, Moti Mehal

Marg, Hazratganj, Lucknow and the Regional Manager,

State Bank of India, Anchalik Karyalaya, Region-3, Varanasi

for adjudication.

2. The reference under adjudication is:

“Whether the action of the Management of State

Bank of India, Lucknow Balia in terminating the

services of Shri Inder Singh S/o Late Shri Mathura

Singh w.e.f. 01/05/1997 is legal and justified? If not,

what relief he is entitled to?”

3. The case of the workman, Inder Singh, in brief, is

that he had been engaged as Badli Guard with the opposite

party Bank w.e.f. 15.11.73 and worked as such till 30.04.1997

with notional breaks at different branches of the Bank. It

has been submitted by the workman that he worked for 240

days' continues services even then his services have been

terminated without complying with the provisions of Section

25F of the I.D. Act. The workman has alleged that after

terminating his services the management has engaged new

hands. He has further submitted that the Bank vide letter

dated 26.08.1977 called him for interview on 31.08.77 for his

absorption in service; but did not absorbed him.

Accordingly the workman has prayed that his termination

w.e.f. 01.05.1997 be set aside and he be reinstated with all

consequential benefits, including back wages.

4. The management of the Bank has controverted

the claim of the workman by filing its written statement;

wherein it has submitted that the workman had never been

appointed by the Bank, as the Branch Manager has no

5800

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

authority to appoint any person in any capacity; moreover

he was engaged as temporary Badli Guard at Sahatwar

branch, Balia. The management has stated that the

workman's name was neither sponsored by the

Employment Exchange nor his appointment was as per

prescribed procedure for the regular appointees, therefore,

he cannot claim for regularization; moreover, he was found

not suitable for absorption on interview. As regard non-

compliance of section 25 F of the Act, it is stated that the

workman had been engaged as per need for some time,

therefore, there is no question to give notice or

retrenchment compensation etc. Accordingly, the

management has prayed that the claim of the workman be

rejected as devoid of any merit.

5. The workman has filed his rejoinder to the written

statement whereby he has introduced nothing new apart

from repeating the averment already made in the statement

of claim.

6. The partied filed documentary evidence in support

of their claim. The workman examined himself whereas the

management examined Shri Narendera Kumar Srivastava,

Branch Manager in support of their respective stands.

Parties availed the opportunity to cross-examine the

witnesses of each other and forwarded oral arguments also.

7. Heard the authorized representative of the parties

and perused entire evidence on record.

8. The authorized representative of the workman has

argued that the workman had been in the continues

employment of the Bank for more than 240 days', therefore,

it was mandatory for the management to comply with the

provisions of Section 25 F of the Act before terminating

the services of the workman. Since the management has

not observed the statutory provisions of the Act, the

workman is entitled for reinstatement with consequential

benefits.

9. In rebuttal the management's authorized

representative has contended that the claim of the workman

is liable to be rejected out rightly, being stale one as the

same has been raised after more than 10 years. He has also

contended that the workman had been engaged as Badli

Guard with the Bank, therefore, not entitled for any relief as

the Badli Guard are not covered with the Industrial

Disputes Act, 1947. It has also been argued that the

workman has not filed any evidence in support of his alleged

working with the Bank, which weakens his case as the

onus to prove the continuous working for 240 days in a

calander year lies on the workman. Furthermore, it is also

contended that the workman attained the age of

superannuation when he filed the statement of claim before

this Tribunal, therefore, his prayer for reinstatement suffers

with vice; hence not maintainable.

10. I have given my thoughtful consideration to the

rival contentions of the parties and scanned the evidence

available on file in light thereof.

11. The case of the workman in his statement of claim

has pleaded that he had been engaged as Guard w.e.f.

15.11.1973 and worked as such till 30.04.1997 with some

notional breaks. It is also the case of the workman that

having complied 240 days of continuous services the

management was duty bound to comply with the provisions

of Section 25 F of the Act before terminating his services.

The schedule of reference is regarding validity of

the termination of services of the workman w.e.f. 01.05.1997.

The workman has pleaded that be had been engaged as

Guard with the Bank; but has not field any appointment

letter or any documentary evidence regarding his working

with the Bank. He has also pleaded that his services have

been terminated w.e.f. 01.05.97 and in support thereto he

has filed a letter dated 01.05.97, stating that he had been

appointed as temporary Badli Guard from 24.06.97 to

01.05.97 on the bank working days only and now his

services are being terminated w.e.f. 01.05.97.

Per contra the management has filed photocopy of

Register of Attendance & Wages, Paper No. 15/4 to 15/7,

which goes to show that the workman had worked from

04.06.97 to18.08.98. Also, the workman himself in his cross-

examination has stated that he has worked from 1996 to

1998 as Badli Guard at Shatwar Branch, making it clear that

there was no termination on 01.05.97 and the reference

order itself is bad in the eye of law.

12. The authorized representative has contended that

the claim of the workman is stale one and has relied on

Assistant Engineer, CAD Kota v. Dhan Kunwar 2006 LAB.

I. C. 3046; wherein Hon'ble Apex Court observed that relief

should not be granted by the Labour Court as there was

delay of about eight years in seeking the reference.

The workman has not rebutted this contention of

the management either in the pleadings or in the evidence.

He has not given any explanation as to what prevented

him to adopt legal recourse promptly.

13. The workman has pleaded that he worked for

more than 240 days and accordingly, was entitled for

compliance of provisions contained in Section 25 F of the

Act. In rebuttal the management has argued that the

workman failed to prove this by cogent evidence. In

Surenderanagar Panchayat and another v. Jethabhai

Pitamberbhai 2005 (107) FLR 1145 (SC) Hon'ble Apex

Court came to the conclusion that where the workman failed

to prove that he had been in employment with the employer

for a period of 240 days uninterruptedly, he not entitled to

protection in compliance of section 25 -F of the Industrial

Disputes Act, 1947. It was held by the Hon'ble Supreme

Court that the scope of the enquiry before the Labour Court

was confined only to 12 months preceding the date of

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5801

termination to decide the question of the continuous service

for the purpose of section 25-F of the Industrial Disputes

Act, 1947. Further, Hon'ble Apex Court has observed as

under:

"The claimant, apart his oral evidence has not

produced any proof in the form of receipt of salary or

wages for 240 days or record of his appointment or

engagement for that year to show that he has worked

with the employer for 240 days to get the benefit

under section 25-F of the Industrial Disputes Act. It

is now well settled that it is for the claimant to lead

evidence to show that he in fact worked for 240 days

in a year preceding his termination."

In view of the facts and case law cited above, I find

substance in the contention of the management that the

factum to prove continuous working for 240 days with the

management was on the workman and the workman utterly

failed to prove that.

14. The workman has pleaded that he was engaged

as Guard; but in rebuttal management has contended that

the workman was engaged as Badli Guard, therefore, he is

not covered with the Industrial Disputes Act. It has relied

on Bangalore Metropolitan Transport Corporation vs.

T.V. Anandappa 2009 LAB I.C. 3161; wherein it has been

held by the Hon'ble Supreme Court that a Badli worker, is

not entitled to any protection under Act.

15. In view of the discussion made hereinabove and

legal position, I am of the considered opinion that the action

of the management of State Bank of India, Lucknow, Balia

in terminating the services of Shri Inder Singh w.e.f.

01.05.1997 is neither illegal nor unjustified; and accordingly,

the workman is not entitled for any relief.

18. Award as above.

Lucknow

19th July, 2013

Dr. MANJU NIGAM, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2145-—vkS|ksfxd fookn vf/kfu;e] 1947 1947

dk 14 dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj LVsV c®d vkWQ

bankSj ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k@Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k 189@2001½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 12@09@2013 dks izkIr

gqvk FkkA

[lañ ,y&12012@286@2001&vkbZvkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 12th September, 2013

S.O. 2145.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 189/

2001) of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the Management of State Bank of Indore and their

workmen, received by the Central Government on

12/09/2013.

[No. L-12012/286/2001-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/189/2001

PRESIDING OFFICER: SHRI R.B. PATLE

General Secretary,

Dainik Wetan Bhogi Bank Karmchari Sangathan,

9, Sanwar Road, Hardeo Niwas,

Ujjain (MP)

…Workman/Union

Versus

Dy. General Manager (I),

State Bank of India,

Head Office, Kanchan Bag,

Indore

…Management

AWARD

Passed on this 16th day of August 2013

1. As per letter dated 7-12-2001 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/

286/2001-IR(B-I). The dispute under reference relates to:

"Whether the action of the management of State Bank

of Indore, Indore (MP) in terminating the services of

Shri Devendra Verma without giving any notice or

compensation is justified? If not, what relief the

workman is entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party workman filed statement of claim

through Secretary Dainik Wetan Bhogi Bank Karmchari

Sangathan. The case of Ist party workman is that he was

working as permanent peon in bank from 20-10-89 for

cleaning, dusting etc. work. He was initially paid wages Rs. 20

per day, wages were increased to Rs. 25, 30, 35 per day. He

was discharging his duties honestly. His services were

transferred to MY Hospital Branch, Indore In October 1995,

wages Rs. 35 per day were paid to him. That he was paid

wages preparing bogus bills of Rickshaw charge in name

of regular employees. The services were terminated from

June 1997. In his place, Shri Dharmendra was engaged by

the Branch Manager. He was continuously working in

service of Bank for 8 years. He had completed 240 days

continuous service during each year. His services were

5802

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

terminated without notice or paying retrenchment

compensation. He was paid bonus for the period 1998 to

2000. When he requested for regularization of his service,

he was illegally terminated in violation of Section 25-F, G of

I.D.Act. On such grounds, workman prays for his

reinstatement with consequential benefits.

3. IInd party filed Written Statement at Page 10/1 to

10/7. IInd party denies claim of workman that Shri Ram

Nagwanshi , Secretary of Union is not employee of Bank.

He is dismissed from bank. He cannot represent the

workman. IInd party denied that workman was engaged for

cleaning, dusting etc. work in 1989 on wages of Rs.25 per

day. All other contentions of workman are denied. It is

denied that workman is eligible for regular appointment. It

is denied that workman is covered under Section 25B of

I.D.Act. IInd party further submits that Bank has rules for

recruitment of sub staff. Workman has not been appointed

following selection process. He has not completed 240 days

service. On such grounds, IInd party prays for rejection of

claim.

4. Workman filed rejoinder at Page 11/1 to 11/2

reiterating his contentions that he had completed 8 years

service. His services were terminated without notice, no

retrenchment compensation was paid.

5. 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 Indore, Indore (MP)

in terminating the services

of Shri Devendra Verma

without giving any notice

or compensation is legal?

(ii) If not, what relief the

Relief prayed by

workman is entitled to?’’

workman is rejected.

REASONS

6. Before dealing with other contentions, I make it

clear that the objections filed under Section 36 of I.D. Act

about locus of Shri Ram Nagwanshi Secretary of Union

and for engaging Advocate were not pressed.

7. Workman is challenging termination of his service

for violation of Section 25-F, G of I.D. Act. IInd party has

denied all those contentions of workman.

8. Workman filed affidavit of evidence. He has stated

that he was engaged as permanent peon from 20-10-89, he

was paid wages initially Rs. 20 per day which were increased

to Rs. 25, 30, 35 per day. The wages were paid under voucher,

his signatures were obtained. That the Branch Manager

was shown payment in name of different persons who were

not in existence. Payments in bogus names were obtained.

In case of his denial, he was threatened to be removed from

service. That bogus bill in name of MY Hospital Branch,

Indore was prepared. When he refused, his services were

terminated without notice. In his cross-examination,

workman says that he has produced certificate about

working of 72 days. He was working under different

Managers. That he had appeared for the Bank Exam. He

was paid wages Rs. 30 per day in 1997. His evidence about

his wages paid under bogus voucher remained

unchallenged. He has not examined any of those persons,

no other persons of the Bank is examined by the workman.

9. The management filed affidavit of evidence of

Smt.Varsha Umat. She has supported contentions of

management that workman was working for one hour in

the morning and one hour in the evening. He was paid

wages for the said period. In her cross-examination, witness

says that workman was working one hour in morning and

one hour in the evening in MY Hospital branch. She claims

ignorance about payment of remuneration to the workman.

Appointment letter was not given to him. She had talk with

staff members about the workman.

10. Reliance is placed in ratio held in case of—

"Krishna Bhagya Jala Nigam Ltd. Versus Mohammed

Raft reported in 2009(11) Supreme Court Cases 522.

Their Lordship of the Apex Court held burden of

proof as to completion of 240 days of continuous

work in a year lies on the aggrieved workman."

In case of State of Haryana versus Ramesh Kumar

reported in 2008(11) Supreme Court Cases 435. Their

Lordship dealing with Section 25-B(2)(a)(ii) and Section

25-F held burden of proof that workman had worked for

240 days as prescribed in Section 25-B(2)(a)(ii) and therefore

completed one year's service required under Section 25-F

burden is on the workman.

The burden of proof lies on the workman. The

evidence adduced by workman that he continuously

worked from 20-10-89 is not cogent. No co-employee is

examined. The evidence of workman that he has been paid

wages by bogus bill in name of those persons are not

examined. Therefore evidence of workman cannot be

accepted. The workman has failed to prove that he was

continuously worked for 240 days preceding his

termination. Therefore he is not entitled to protection under

Section 25-F of I.D.Act. Termination of services of workman

cannot be said illegal. For above reasons, I record my

finding in Point No.1 in Affirmative.

11. In the result, award is passed as under:—

(1) Action of the management of State Bank of lndore,

lndore (MP) in terminating the services of

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5803

Shri Devendra Verma without giving any notice or

compensation is legal.

(2) Relief prayed by workman is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2146-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj fn cukjl LVsV

c®d vkQ bafM;k fyñ izca/k ra= ds lac) fu;kstdksa vkSj muds deZdkjksa

ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k] tcyiqj ds iapkV ¼lanHkZ la[;k 21@99½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 12@09@2013 dks izkIr gqvk FkkA

[lañ ,y&12012@195@98&vkbZvkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 12th September, 2013

S.O. 2146.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 21/99)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Kanpur as shown in the Annexure, in the industrial dispute

between the Management of Benaras State Bank Limited,

and their workmen, received by the Central Government on

12/09/2013.

[No. L-12012/195/98-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE SRI RAM PARKASH, HJS, PRESIDING

OFFICER, CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, KANPUR

INDUSTRIAL DISPUTE NO. 21/99

Between

Sri Dhruv Kumar son of Sri Khaderan Ram

C/o Sri D S Saxena,

HIG 303, Scheme 1, Kailash Vihar,

Awas Vikas, Kalyanpur, Kanpur.

And

The General Manager,

The Benaras State Bank of India Limited,

Head Office, S-20/52, AK Varun Wing, Varanasi.

AWARD

1. Central Govt. Mol, New Delhi by notification No.

L-12012/195/98-IR(B-I) dated 21.01.99, has referred the

following dispute to this tribunal for adjudication—

2. Whether the action of the management of Benaras

State Bank Limited in terminating the services of Sri Dhruv

Kumar son of Sri Khaderan Ram with effect, from 17.08.96,

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

is entitled?

3. Brief facts are—

4. It is alleged by the claimant Sri Dhruv Kumar that

there was clear vacancy of peon at banks Chunar Branch

in District Mirzapur and he was appointed by the branch

manager as a temporary peon on 12.12.95. He was required

to work for more than the full hours of work at Chunar

Branch on all the working days. He was the only peon at

Chunar Branch. Initially he was paid Rs. 30 per day which

was raised to Rs. 35 per day and these payments were paid

periodically.

5. Further these payments are made in benami names,

which name the manager of Chunar Branch made the

applicant to write on the reverse of the voucher whereas at

the time of payment by the cashier he used to obtain the

signature of the applicant on the vouchers. He continued

to work as temporary peon up till 17.08.96 when his services

were abruptly terminated by the bank without assigning

any reason, without payment of notice pay and

retrenchment compensation. Thus the bank committed

breach of section 25F of Industrial Disputes Act, 1947.

6. When the bank did not pay any heed to the

representations of the applicant, thereafter the applicant

raised an industrial dispute where the conciliation

proceeding ended in failure and this reference was made

by the Government of India. Thus the applicant worked

continuously for more than 240 days.

7. Therefore he has prayed that he be reinstated in

service with all consequential benefits. .

8. Management refuted the claim of the applicant

on a number ground, inter alia, stating that the applicant

has worked only 4 days in the month of August 1996 for

which he was paid prescribed rate of wage of Rs.35 per day

paid to temporary daily wagers at that time. Thus no

question of termination of service arises as such they have

not committed any breach of section 25F of the Act. The

claim statement has also not been verified by the applicant

and as such is liable to be rejected. The present reference

is also bad in law.

9. Rejoinder statement has also been filed by the

claimant but nothing new has been alleged therein.

10.Both the parties have filed documentary as well

as oral evidence.

11.Claimant has filed A/D receipt as well as speed

post receipt vide list dated 23.07.12.

12.Claimant has also filed 9 documents vide list

dated17.08.01. These papers are paper No.19/2-12.

5804

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

13. Opposite party has also filed original documents

vide list dated 2.06.08. These documents are three vouchers

and a letter written by Dhruv Kumar himself.

14. In the oral evidence claimant has produced

himself as w.w. 1 and opposite party has produced M.W. 1

Sri Amar Raja, who is the senior branch manager of the

bank.

15. I heard the arguments and perused the whole

records at length.

16. It is a fact that opposite party was a public

institution and they have a prescribed procedure for

appointing any person on specific post. This bank was

amalgamated with bank of Bank on 19.06.02.

17. M. W.1 has specifically stated that the claimant

had worked only for four days and they have filed voucher

in original and these voucher are paper No.31/2-4 and last

voucher is dated 17.08.96 which mentions on the front of

the voucher — Misc expenses — amount paid to Sri Dhruv

Kumar of Rs.35 and there is a signature on the back of this

voucher in the name of Sri Dhruv Kumar.

18. Opposite party has also filed an application which

is paper No. 31/5 which is signed by the claimant himself

wherein he has specifically stated that the application which

he has given on 04.12.96 is not proper whereas he has

worked only for three days.

19. M. W.1 has also stated on oath that there is no

record regarding paper No. 19/2-8 which are the

photocopies filed by the claimant and there is no signature

on paper No.19/3. This witness has been thoroughly cross

examined. Not a single word has been asked by the claimant

on the application paper No. 31/5 which is in original and

moved by the claimant wherein the claimant had admitted

that he had worked only for 3 days in the bank. Therefore,

there is no evidence, in rebuttal to this application.

20. In the cross W.W.1 stated that he was forced to

sign this letter, but this point does not appear to be

satisfactory as the claimant did not put any question to

M.W.1 that management has forced him to sign this letter.

21. Much stress has been given on paper No.19/2-6.

The opposite party has emphasized that these are the

photocopies and initial burden was on the claimant to prove

these documents. They stated that paper No.19/2—3 which

is photocopy does not contain any stamp nor there appears

signature of any authority. They stated that the claimant is

claiming that the cause of action has arisen on 17.08.96,

whereas there is no such date like 17.08.96 or nearby in the

letter 19/2-03. The last date in this letter is 10.09.96. It shows

that the claimant was also working on 10.09.96 if this

document 19/2 is believed, but it itself contradicts the plea

of the claimant as he himself stated that he has been

removed on 17.08.96. Moreover the dates are not legible.

Moreover, as per letter 19/4 one Sri Jagdish Singh has

allegedly written that the payments out of listed 20

payments relating to 12.08.96, 16.08.96 and so on has not

been made by him, whereas in the letter 19/2 there is no

mention of date 12.08.96 and 16.08.96. Moreover, when Sri

Jagdish Singh retired it was the sole responsibility of the

claimant to get his attendance procured. Opposite party in

such circumstances cannot be blamed.

22. Therefore, there are only three vouchers along

with application of the claimant himself which is paper

No.31/5. These papers cannot be disbelieved.

23. Hence considering the evidence adduced by both

the parties the claimant has failed to establish that he has

worked for 240 days continuously or more in a calendar

year. The evidence adduce by the opposite party cannot

be disbelieved.

24. Therefore, it cannot be held that the services of

the claimant were terminated in violation of the provisions

of section 25F of Industrial Disputes Act, 1947.

25. Consequently workman is not entitled to any relief.

26. Reference is accordingly answered against the

workman and in favor of the management.

27. It is further ordered that two photocopies of this

award be sent to the Mol, New Delhi for publication.

RAM PARKASH, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2147-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj LVsV c®d vkQ

bankSj izca/k ra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k] tcyiqj ds iapkV ¼lanHkZ la[;k 112@2005½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 12@09@2013 dks izkIr gqvk FkkA

[lañ ,y&12012@58@2005&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 12th September, 2013

S.O. 2147.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 112/

2005) of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the Management of State Bank of Indore and their

workmen, received by the Central Government on

12/09/2013.

[No. L-12012/58/2005-IR(B-I)]

SUMATI SAKLANI, Section Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5805

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/112/2005

PRESIDING OFFICER: SHRI R.B. PATLE

General Secretary,

Daily wages Bank Employees Association,

9, Sanwar Road,

Ujjain (MP)

… Workman/Union

Versus

General Manager (Operations),

State Bank of India,

Head Office, Yeshwant Niwas Road,

Indore

… Management

AWARD

Passed on this 16th day of August, 2013

1. As per letter dated 4-10-2005 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/

58/2005-IR(B-I). The dispute under reference relates to:

"Whether the action of the management of General

Manager (O), State Bank of Indore in terminating the

services of Shri Mohammed Anwar Khan w.e.f.

August 99 and not regularizing him is justified? If

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

2. After receiving reference, notices were issued to

the parties. Statement of claim is filed by 1st party workman

through General Secretary of Daily Wage Bank Employees

Union. The case of 1st party workman is that he was

engaged permanently by Branch Manager, Nateran Distt.

Vidisha from January 1994. He was paid wages Rs.20/- per

day. That the workman was working satisfactorily, his

wages were increased to 30, 40/- per day. His wages were

paid every week after deduction of the wages for holidays.

That the workman continuously worked from January 1994

to August 1999. That he had completed 240 days

continuous service as provided under Section 25 B of I.D.

Act. He was in service for more than 5 years. His services

were terminated without notice, without paying

retrenchment compensation, principles of last come first

go was not followed. He was not given opportunity for

re-employment as such IInd party violated Section 25-F of

I.D. Act. On such ground, workman prays for his

reinstatement with back wages.

3. Management filed Written Statement at page 7/1

to 7/8. IInd party denied claim of the workman. It is submitted

that the workman had not completed 240 days continuous

service preceding termination. He was never employed by

the Bank. There is no employer employee relationship

between parties. The reference is not tenable. That so called

Secretary Ram Nagwanshi was dismissed employee of the

Bank. That Nagwanshi was involved in grave misconduct

and dismissed from service from 5-12-2001. In view of ratio

held in AIR-1996-SC-1865, Shri Ram Nagwanshi cannot

represent employee of the bank as Union Representative.

4. IInd party denies employer employee relationship.

That name of worker was not sponsored from Employment

Exchange, he was not appointed following selection

procedure as per the rules of the Bank. Employee cannot

be allowed back door entry. That the services of workman

were utilised in Nateran branch for 2-3 hours per day as

and when required basis. He was paid "A grade wages for

cleaning work. Workman was never appointed in bank

service, no appointment letter was given as the part time or

regular employee for more than 240 days. That

discontinuation of his service cannot be termed as

retrenchment. Disengagement is covered under Section

2(00)(bb) of I.D. Act. lInd party relies on ratio in various

cases. He submits that workman is not entitled to

regularization as he was not appointed following selection

process. On such ground, IInd party prays for rejection of

claim of workman.

5. Workman filed rejoinder at Page 8/1 to 8/3

reiterating its contentions but his services are terminated

in violation of Section 25-F of I.D. Act without any notice

or paying retrenchment compensation.

6. 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 General

Manager (O), State Bank

of Indore in terminating the

services of Shri Mohammed

Anwar Khan w.e.f. August 99

and not regularizing him

is legal?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

7. Before dealing with other contentions, I make it

clear that the objections filed under Section 36 of I.D. Act

about locus of Shri Ram Nagwanshi Secretary of Union

and for engaging Advocate were not pressed.

8. Workman is challenging termination of his services

for violation of Section 25-F, H of I.D. Act. Material

contentions of workman that he was continuously working

in the Bank from January 1994 to August 1999 are denied. It

is denied that workman completed 240 days continuous

service, violation of Section 25-F, H is also denied.

5806

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

9. Workman filed affidavit of his evidence covering

most of his contentions in statement of claim that from

January 94 to August 99, he was working under Branch

Manager Shri B.L.Bamne, Shailendra Sharma and G.P.

Upadhyay. He was initially paid wages Rs.20/- per day.

Wages were increased to 30/-, 40/-. His services were

terminated without notice or paying retrenchment

compensation. In his cross- examination, workman says

appointment letter was not received by him. His name was

not sponsored through Employment Exchange.

Advertisement, public notice was not issued for post of

peon. He was working on daily wages, he was paid wages

Rs.20/-, Rs.25/- per day. In his cross-examination, it was

not challenged that workman was continuously working

from January 94 to August 99. That he had completed 240

days continuous service. The evidence of workman on

above point remained unchallenged.

10. Management filed affidavit of its witness

Shri Naresh Meghani. In his affidavit, most of the

contentions of management in Written Statement are

covered that the workman was not continuously working

from January 1994 to August 99. That the workman was

working for one hour morning and one hour evening. He

was not appointed following selection process. His name

was not sponsored through Employment Exchange.

Management's witness in his cross-examination says that

during January 1994 to August 99, he was not working at

that branch. The affidavit of evidence is based on Bank

record. That Shri B.L. Bamne, Shailendra Sharma and G.P.

Upadhyay were working in the branch. That he had tried to

see wage register, appointment orders but the record was

not traced. Any record was not found in which name of the

workman was appearing. That sub staff Om Prakash Panthi

has told him that workman was working one hour morning

and one hour evening. Shri Panthi is dead. There may be

several employees working during the relevant period but

any of those employees are not examined by the bank.

11. Management's witness in his further cross-

examination denies payment of bonus hence record was

not traced Management's witness identified signatures on

documents Exhibit W-l, W-2 payment of bonus to the

workman, no doubt merely on the ground that bonus has

been paid as per W-l Rs.519/- by cheque Exhibit W-2. One

cannot jump to conclusion that workman has completed

240 days preceding his disengagement. However evidence

of workman on the point is not challenged in his cross-

examination and therefore I find no reason to disbelieve

evidence of workman that he was continuously working in

the Bank. The bank has tried to convince that worker was

working one hour morning and one hour evening but any

employee working at relevant period are not examined. The

evidence adduced by management is here-say evidence.

There is no corroboration from any of the employee working

during the relevant period. From the evidence on record, it

is established that workman was continuously working for

more than 240 days continuous service preceding

termination of his services. The workman was not issued

notice, was not paid retrenchment compensation, the

termination of his services is in violation of Section 25-F of

I.D. Act. On the above point, reliance is placed in ratio held

in case of

"Samishta Dube and City Board Etawah and another

reported in 1999(81) FLR 746 their Lordship of the

Apex court dealing with provision of UP Industrial

Dispute Act, 1947 Section 6-N held in absence of

any agreement between the employer and the

workmen, the employer shall ordinarily retrench the

workmen who was the last person to be employed in

that category, unless for reasons to be recorded, the

employer retrenches any other person."

In present case the evidence adduced by workman

is not clear about IInd party employing 88 employees after

his termination, therefore ratio held in the case cannot be

beneficially applied in the present case.

Next reliance is placed on ratio held in Case of

Regional Manager, SBI versus Shri Rakesh Kumar Tewari

reported in 2006(108)FLR 733. Their Lordship held Section

25-H doesnot require continuous employment of workman

within meaning of Section 25-B before he could have beeen

retrenched.

Ratio cannot be applied to the present case at hand

as no evidence is adduced on record that after termination

of services of 1st party workman any other person was

employed in Bank.

In case of Jaipur Development Authority versus

Ramsahai and another reported in 2007(I) Supreme Court

Cases (L&S) 518. Their Lordship held ID Act doesnot

envisage application of its provisions where both

recruitment and termination are uncertain or when the

workmen are not required to be recruited in a categorywise

service e.g skilled, semi-skilled or unskilled etc. That Section

25-G is not imperative in nature. For applicability of Section

25-G, H of I.D.Act requirement of continuous work in terms

of Section 25-B is not necessary.

The evidence discussed on record clearly shows

violation of Section 25-F of I.D. Act, there is no cogent

evidence about violation of Section 25-G, H of I.D. Act

therefore I record my finding on Point No.1 in Negative.

12. Point No.2- In view of my finding on Point No.1,

question arises as to what relief the workman is entitled.

Workman was not appointed following selection process.

He was working on daily wages from January 94 to August

99 for about 5 years therefore the reinstatement with back

wages would not be appropriate. Considering that the

workman was working on daily wages Rs.20/- to 40/-

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5807

compensation Rs.25,000/- would be reasonable.

Accordingly I record my finding in Point No. 2.

13. In the result, award is passed as under:—

(1) Action of the management of General Manager (O),

State Bank of Indore in terminating the services of

Shri Mohammed Anwar Khan w.e.f. August 99 and

not regularizing him is not legal.

(2) IInd party is directed to pay compensation

Rs.25,000/- to the workman.

Amount as per above order shall be paid to workman

within 30 days. In case of default, amount shall carry 9 %

interest per annum from the date of award till its realization.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2148-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ch lh lh ,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; uañ 2 /kuckn ds iapkV ¼lanHkZ la[;k 41@2003½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 09@09@2013 dks izkIr gqvk FkkA

[lañ ,y&20012@262@2002&vkbZ vkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 12th September, 2013

S.O. 2148.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 41/2003 of

the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 2,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s BCCL and their

workmen, received by the Central Government on

09/09/2013.

[No. L-20012/262/2002-IR(C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

Present

Shri Kishori Ram, Presiding Officer.

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D.Act.,1947.

REFERENCE No. 41 OF 2003

Parties :

General secretary,

Janta Karmchari Sangh, Kunsunda, Dhanbad

Vs. Gen. Manager, P.B. Area of M/s BCCL, Dhanbad:

On behalf of the workman:

Mr. B.B. Pandey, Ld. Advocate

On behalf of the Management :

Mr. D.K. Verma, Ld. Advocate

State : JHARKHAND

Industry : Coal

Dated, Dhanbad, the 10th June, 20l3.

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec. 10( 1)

(d) of the I.D. Act., 1947 has referred the following dispute

to this Tribunal for adjudication vide their Order No.L-

200l2/262/2002-IR(C- I) dt30.04.2003.

SCHEDULE

"Whether the demand of Janta Karmchri Sangh from

the Management of P.B.Area of M/s BCCL that Shri

Raghubir Yadav, W.E.Opertor should be regularized

on the post of Water Supervisor, is proper and

justified? If so, to what relief and from what date the

workman is entitled?"

2. The case of the Janta Karmchari Sangh, Godhur,

Kusunda, Dhanbad for workman Raghvir Yadav as stated

in its written statement is that the workman is a permanent

employee of Bhagabandh Colliery. He holds the Statutory

Certificate of Second class as Winding Engine Operator.

As per requirement of the management of the authorization

as per the Office Order No. 1005 dt. 31.7.1996, Slip

dt. 10.01.1997, the Office Order Nos. 945 dt. 13/15.3.2002

and 2333 dt. 20.02.2002 issued to him time to time has been

working as the Water Supervisor for several years. His

petition to Sr. P.O. of the Colliery bearing noting dt. 4.7.2001

and 5.7.2001 of the different authorities and the petition dt.

3.1.2002 to the Minister of Coal and other documents are

also in support of his claim for his regularization on the

post of Water Supervisor, but the management despite

assurances verbally refused in April, 2002 to regularize him.

At his approach, the Union raised the Industrial Dispute,

and after its failure in its conciliation proceeding before the

ALC@, Dhanbad due to recalcitrance of the management

resulted in the reference for an adjudication. The workman

is entitled to regularization on the post of Water Supervisor

from appropriate date past as per the Certified Standing

Order of the B.C.C.L.

3. The workman, not the Union, in his rejoinder under

the signature of his Advocate B.N.Singh has specifically

denied, and stated that as per authorization, he was being

designated as Water Supervisor.

5808

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

4. Whereas the contra pleaded case of the O.P./

Management with categorical denials is that in fact the

workman concerned is a permanent employee of Bhagaband

Colliery of P.B. Area, M/s BCCL since 17.10.1990, the date

of his appointment. He has been discharging his duties as

per his designation till date. But as per the Cadre Scheme,

there is no post of Water Supervisor which is highly

sensitive, for which the workman is not competent. None

can claim for promotion/regularization as a matter of right

on the basis of his eligibility. The promotion in a higher

post is made according to a Cadre Scheme by giving equal

opportunity to all eligible candidates of the promotional

zone after recommendation of the Departmental Promotion

Committee (DPC) duly constituted by the Cadre Controlling

Authority. No appointment/promotion/regularization can

be made by any Public Authority ignoring the rules and

regulations made for it. Thus, the demand of the Union is

neither legal nor justified.

5. The O.P./Management in its rejoinder specifically

denying the allegation has stated that nobody is authorized

and competent to authorize a Winding Engine Operator to

work as Water Supervisor without prior approval of the

Cadre Controlling authority. The alleged authorization is

forged and manufactured for the purpose of the case which

has no evidentiary value. The Union raised the Industrial

dispute in utter violation of the provision of NCWA and

the Cadre Scheme formulated by the JBCCI. There is no

merit in it.

FINDING WITH REASONING

6. In this case Raghubir Yadav, the workman himself

for the Union and MWI Rajesh Kumar Kar, Personnel

Officer, Bhagabandh Colliery, for the management have

been examined.

WWI Raghubir Yadav, the workman himself though

designated as Winding Engine Operator, states to have

been working as Water Supervisor as per the Office Order

No.1005 dt. 31.7.1996 (Ext.W.1) and the copy Sunday/

Holidays work slip issued by Sri R.N. Mishra, the Project

Officer of the Colliery (its Xerox copy—marked as Ext. W.2),

though the correct designation of Water Supervisor is the

Water Treatment Plant supervisor. But his oral evidence at

the point that Shri Khayum Khan was given the designation

of Water Supervisor one-and-half or two years prior to his

is unpleaded, so inadmissible. Admittedly the Workman is

Winding Engine Operator drawing his salary as technical

Supervisor Gr. C which has its own Cadre Scheme; he was

granted SLU in case of his stagnancy, and he was neither

interviewed nor recommended by the D.P.C. prior to his

authorization for working as Water Supervisor.

7. Whereas statement of MWI Rajesh Kumar Kar,

the then Personnel Officer Bhagabandh Colliery, affirms

the designation of the workman Raghubir Yadav as Winding

Operator which is a statutory post presupposes the holder

of the certificate from the DGMS for it. He (MWI) has also

asserted the post of Water Treatment Plant Supervisor

exists under the NCWA and the Cadre Scheme. He flatly

denies the workman to have performed the same job of the

Water Treatment Plant Supervisor since his authorization

in the year 1996.

8. Mr. B.B. Pandey, the Learned Counsel the Union/

workman, submits that the O.P./management has never

objected to the authorization dt. 31.7.1996 of the Project

Officer concerned in favour the workman for his working

as Water Supervisor which is recognized as Water

Treatment Plant Supervisor under NCWA, so he is entitled

to his regularization accordingly. In response to it Mr. D.K.

Verma, the Ld. Advocate for the O.P./management has

contended that nowhere is the case of the workman about

his working as Water Treatment Plant Supervisor nor he

has the qualification or authorization for the highly technical

and sensitive post, nor the NCWA refers to any such post

of Water Supervisor; moreover, none has authority to issue

any such authorization for working as the Water Supervisor.

9. On appreciation of the evidences of both the

parties, I find that it is indisputable fact that the post of

Winding Engine Operator, the workman holds, has its own

cadre; the post of the Water Treatment Plant Supervisor

exists under the NCWA and Cadre Scheme, but neither

NCWA nor Cadre Scheme provides for the post of 'Water

Supervisor. There is beyond doubt that the workman had

not undergone the interview nor the recommendation by

the D.P.C. for the alleged post of Water Supervisor.The

NCWA VI or VllI at the relevant time nowhere provides for

regularization for the aforesaid post on the basis of such

authorization by the Project Officer of the Colliery

concerned, as it was quite contrary to the statutes of the

Labour Law. The argument of Mr. Verma, the Ld. Advocte

for the O.P./Management outweighs that of Mr. B.B.

Pandey, Learned Counsel for the Union. Under these

circumstances, in the terms of the reference, it is hereby:

ORDERED

The Award be and the same is passed that the

demand of the Janta Karmchari Sangh from the

Management of BCCl, P.B. area for regularization of

Shri Raghubir Yadav, the W.E. Operator, on the post of

Water Supervisor is neither proper nor legal. So the

workman is not entitled to any relief.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2149-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ch lh lh ,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 13 dk 1997½ dks

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5809

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 09@09@2013 dks izkIr gqvk

FkkA

[lañ ,y&20012@444@1995&vkbZvkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 12th September, 2013

S.O. 2149.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 13/1997)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 2,

Dhanbad as shown in the Annexure, in the industrial dispute

between the management of M/s BCCL and their workmen,

received by the Central Government on 09/09/2013.

[No. L-20012/444/1995-IR(C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD.

PRESENT

SHRI KISHORI RAM, PRESIDING OFFICER.

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D.Act, 1947.

REFERENCE NO. 13 OF 1997

Parties :

The Secretary, Bihar Colliery Kamgar Union,

Jharnapara, Dhanbad

Vs.

Addl. Chief Engineer (E & M),

Dugda Coal Washery of M/s BCCL, Dugda, Bokaro

Appearances:

On behalf of the workman/Union:

Mr. D. Mukherjee, Ld. Advocate

On behalf of the Management:

Mr. D.K. Verma, Ld. Advocate

State : Jharkhand

Industry : Coal

Dated, Dhanbad, the 7th Aug. 2013.

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec. 10(1)(d)

of the I.D. Act., 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

444/95-IR(C-I) dt. 14.1.1997.

SCHEDULE

"Whether the demand of the Union for regularization

of the services of S/Shri Jogesh Prasad, Gyanchand

Singh and Sivbachan Singh with the management of

Dugda Coal Washery of M/s BCCL is justified? If so,

to what relief are the concerned workman entitled?

2. The case of the sponsoring Bihar Colliery Kamgar

Union, Hirapur, Dhanbad, for the workmen S/Shri Jogesh

Prasad, Gyanchand Singh and Sivbachan Singh is that they

had been performing the maintenance job of permanent/

perennial nature since long with the tools supplied by the

management and its direct control and supervision,

producing goods for the benefit of it. The continuous

engagement of the workman also in transporting materials

for water supply from the store to the respective places

was an integral part to the production of the Coal Washery.

At their several times representations to the management

for their regularization and wages as per law, but its went

without any effect; the Union raised the Industrial Dispute

before the A.L.C.(C) on 5.3.1994, then the management

stopped them from service from 28.12.94 during the

pendency of conciliation proceeding. Thus the action of

the management in not regularizing the workmen and

stopping them from service during the pendency of the

conciliation. Proceeding was vindictive, illegal, arbitrary

and unjustified. Finally, it resulted in the reference for an

adjudication. So the demand of the Union from the

management of the Coal Washery for regularizations of the

workmen was legal and justified.

The Union in its rejoinder has categorically denied

all the allegations of the O.P./Management as vague,

frivolous, and false.

3. Whereas the contra pleaded case of the O.P./

Management is that the persons as named in the reference

neither ever worked nor appointed nor continuously

engaged by the management of Dugda Coal Washery of

the M/s BCCL on any job of permanent nature at any time

nor any tools supplied to them by the management for any

work nor employer-employee relationship existed between

the persons concerned and the management. They are

factually outsiders. So the question of their regularization

in the service of the M/s BCCL does not arise; thus the

demand of the Union as mentioned in the reference is

nothing but an attempt to provide employment to the

outsiders through back door, rather is neither legal nor

justified.

The O.P./Management in its rejoinder has specifically

denied all the allegations of the Union for the workmen and

stated that the job of the maintenance of water supply

system at the intake well of Dugda Coal Washery was

prenenily under the contractor, and all the persons engaged

by the contractor in the aforesaid job were regularized and

taken in employment of the Coal Washery from 23.10.93 as

per the Award of the Central Government Industrial Tribunal

No. 2, Dhanbad, and the said job was departmentalized. No

person engaged by the contractor in the said job was left

in regularization, as the persons concerned have never

worked under the contractor in the said job, rather the

persons concerned were actually engaged by M/s S.P.

5810

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

Construction and M/s S.K. Construction whenever

required in the year 1988, 89 and 1993 in the job of Civil

Construction, which has not been prohibited by the

Government under the Contract Labour (Regulation and

Abolition) Act, 1970. As such the demand of the Union is

fake, baseless and frivolous.

FINDING WITH REASONS

4. In the reference case, WWI Gyan Chand one of

the workmen concerned for self and for all other concerned

ones and MWI S.N. Roy, the Dy. Chief Engineer at

Sudamdih Eastern Washery Zone for the management have

been respectively examined.

The oral statement of WWI Gyan Chand for all the

three workmen including himself disc loses that they started

working at Dugda Coal Washery in the year 1985 as helper

as contrasted with their plain pleading dealing with no

specific time or working as a helper; they were engaged

and supplied the tools by the management for the work of

inevitable maintenance i.e., for the supply of water from

the intake well to all Coal Washery; their work was

continuous in nature and under the supervision of the

management, but they were stopped from the working from

Dec, 1994. But alleged stoppage of their working from the

period is unpleaded just as their putting their duties for

more than 240 days in each year.

In support to their alleged case, the witness (WWI)

has unpleadedly proved 29 Gate Passes issued by the

Management for the entry into the office as Ext.WI series

but out of them, only nine are the Materials/Stores Passes

dt. 19.6.94, 3.1.95, 10.8.94, 12.7.91, 11.8.94, 2.7.94 ineligible

'94, 12.6.94 and 15.6.91(latter there in photocopies) issued

by the BCCL Management, but none of them proves to

have issued to the workmen.

5. So far as the rest documents of the workmen

concerned, all of them are factually four applications

dt. 8.2.89, 22.6.92, 12.8.86 and 25.8.88 and their photocopies

of the Raju Construction, all Civil, Structural, Mechanical

& General Order Supplier, Project Officer, Dugda (Giridih)

to the Dy. Chief Engineer (W), Dugda Coal Washery for

the issuance of the temporary Gate Passes to the three

workmen and other two Santosh and Santosh Kumar Singh,

and accordingly the red I.D. Cards of the workmen

concerned (Ext.W.l/10-12) and their Certificate on the Pad

of the aforesaid S.R. Construction dt. 23.11.89 (Ext.W.l/28)

about their working under it as Mazdoors from 10.11.1984

to 31.10.1987. The aforesaid documents of these three

workmen undisputedly clearly in disproof of their case

affirm their engagement by the aforesaid Civil Contractors

for civil constructional job, an unprohibited job, which was

not continuous in process, for which these workmen, might

be possibly used to work under the Civil Contractor as

positively stated by MWI S.N. Roy, as the then Project

Officer of Dugda Coal Washery. According to the

management witness (MWI), the management did not

maintain any list of workers engaged by the contractors

for their work in the said intake well excepting a list of

workers in case of payment of wages to them for its

verification by the Principal Employer, i.e., the Personnel

Department; and that tools for working in the intake well

are not supplied by the management to the contractors'

workers. It is also indisputable fact that the management

did not issue any appointment letter to the workmen.

Besides, the statement of the aforesaid management witness

(MWI) clearly ascertains the regularization of contractors'

other 31 workmen who used to work in the intake well of

Dugda Coal Washery as per the Office Order (dt. 20.4.94—

Ext.M.l) in implementation of the Award in Ref. No. 134/91,

and it discloses that the present workers never worked

directly under the management in any capacity, so the

question as to the supply of the tools or supervision of

their work does not arise.

6. At the point whether the three workmen were the

employees of the alleged management/the Principal

employer, Mr.D. Mukherjee, Sr. Counsel-cum-Union

Representative for the workmen referring the rulings in

photocopies thereof (to be cited hereinafter) has

paraphasedly submitted as held therein as such:

That workmen were engaged through contractor for

manufacturing salt and the contractor, used to deduct

commission and paying them their wages; the Hon'ble

Supreme Court held that they are the workmen of the

Principle Employer (1962(i)LLJ SC 131, United Salt Works

Ltd., Vs. their workmen);

That where 21 workmen of Sugar Factory were

stopped from duty and the plea of the management before

the Tribunal that they were contractor's workmen. The

Tribunal held the workmen as employees of the management

and the Hon'ble Supreme Court also held them the

employees of the Principal employer, and accordingly

directed reinstatement with full back wages

(1963(Il)LLJ(SC)442(CB), Basti Sugar Mills Ltd. Vs. Ram

Ujagar);

That where Principal employer used to supply Bidi

leaves and tobacco to the contractor, who used to supply

the same to the workmen. The workmen were preparing

Bidi in their respective houses, and were depositing the

same to the contractor. The workmen were held by the

Apex Court that they are employees of the management.

(1964 II LLJ 633, D.C. Dewan Mohideen Saheb & Sons &

Another Vs. United Bidi Workers Union).

That in the case of Shankar Mukherjee Vs. Union of

India and others, F.L.R. 1990 at 20. Their Lordships held

that 'even after forty years of independence engagement

through contractors is illegal and baneful nature, and it is

exploitation of the workmen as bonded labour, and that in

the case of Royal Talkies Vs. ESI, SCW-15-101, their

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5811

Lordships held that the employees working in the Cycle

Stand of the Cinema Hall which is run by the contractor is

actually the employee of the principal employer i.e., Cinema

Hall.

Further has been urged by Mr. D. Mukherjee, the

Ld. Advocate-cum-Union Representative, that in the

famous case of the Hussainbhai Vs. Alath Factory, SSLJ-15

at page 112, it has been held by the Hon'ble Apex Court for

the application of the 'Lifting the veil' or looking at the

conspectus of factors governing employment as true test

to discern the naked truth about the real employer in the

case where a worker or a group of workers/labours to

produce goods or service and these goods or service are

for the business of another, that other is, in fact, the

employer/the management, not the immediate contractor,

as the employer has economic control over the workers,

subsistence, skill and continued employments; even where

the presence of immediate contractors with whom the

workers have immediate or direct relationship. The Court

must be astute to avoid the mischief, and achieve the

purpose of the law.... It is also submitted by Mr. Mukherjee

that the Hon'ble Apex Court in the case of M/s Bharat

Heavy Electricals Ltd. Vs. State of U.P. and Ors. 2003(3)LLN

892 held that the constitutional Bench has confirmed the

Hussainabhai Case that it is neither dissented nor diluted

by the Constitution Bench.

Lastly, Mr. Mukherjee, submits that Award dt. 30.10.96

passed by the CGIT NO. l, Dhanbad, in Ref.No.58/92 was

confirmed by the Constitution Bench of the Hon'ble

Supreme Court in the case of Steel Authority of India Ltd.,

Vs. National Union Water Front Workers, reported in 2001

LLN 135 at page 176 Para 144. But in place of it, the photo-

stat of ...a Ruling by same names of the parties reported in

2001 LL.961 having total paras 129 has been filed for

consideration but it being vague rendered unable to see it.

Further plea of Mr. Mukherjee, Ld. Counsel for the

Union/workmen is that the case of Uma Devi, 2001 (II)LLJ-

1087(SC) as mislead by Management factually unreleates

to the status of the employer-employee relationship; that

in the aforesaid case, the management had pleaded that

employees were appointed as casual workmen without

following the procedure laid down under Article 309 of the

Constitution of India applicable for Government servant,

and so disputed their claim for regularization. According to

Mr. Mukherjee, in the present case, the status of the

employer-employee relationship is in dispute; the Tribunal

to decide employer-employee relationship, and the case of

Uma Devi not applicable where employer-employee

relationship is in dispute which has been considered by

the Division Bench of Calcutta High Court in 2007 LLR

1029, Punjab National Bank Vs. National Bank Canteen

Workers' Union; and the same view again reiterated in the

case of Deeljendr Nath Singh Vs. State of West Bengal.

8. On the other hand, Mr. D.K. Verma, Ld. Counsel

for the O.P./Management has contended that in the present

case, the alleged three workmen were factually casual

workers of the contractors for their civil works, but never

engaged or appointed nor paid by the management who

has never economic control over the workers; they had no

employer-employee relationship; so they are not entitled

to regularisation. To him, none of the rulings as cited by

Mr. Mukherjee, Ld. Adv. for the Union/workmen applies to

the facts of the present referrence under adjudication.

9. On perusal and candid consideration of the

materials as made available on behalf of the workmen, I

find the facts as under:

(i) These three workmen were not issued any

appointment letter, pay slip and any I.D.Card by

the O.P./Management any time;

(ii) They were factually casual workers of the Raju

Construction, S.K. Construction and S.R.

Construction, all Civil, Structural, Mechanical &

General Contractor of the Management for its Civil

work, which was not of perennial nature.

(iii) The workmen have no proof of their continuous

working as casual labour for statutory period under

Sec. 25 (a)(ii) of the Industrial Dispute Act, 1947;

and

(iv) There was never any relationship of employer-

employee relationship between the workmen and

the O.P./Management. There is no camouflage in

this respect at all, as it is evident from the documents

of their only four applications of the Civil contracts

for Civil work (Extt. W.I series)

In such circumstances, the ratio decidendi of all the

cited rulings being quite distinct from the facts of the

present case, none of them holds good with the case under

adjudication.

In result, it is, in the terms of the reference, hereby

awarded that the demand of the Union for regularization of

the services of S/Shri Jogesh Prasad, Gyanchand Singh

and Shivbachan Singh with the management of Dugda Coal

Washery of M/s BCCL is totally unjustified. So the

concerned workmen are not entitled to any relief.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2150-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

5812

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

U;k;ky; uañ 1] /kuckn ds iapkV ¼lanHkZ la[;k 80 dk 1998½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 11@09@2013 dks izkIr gqvk FkkA

[lañ ,y&20012@726@1997&vkbZvkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 12th September, 2013

S.O. 2150.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No. 80/98 of

the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 1,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s BCCL, and

their workmen, received by the Central Government on

11/09/2013.

[No. L-20012/726/1997-IR(C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act

1947

REF. NO. 80 OF 98.

Employer in relation to the management of,

Bhagabandh Colliery of M/s. BCCL.

AND

Their workmen.

Present: SRI RANJAN KUMAR SARAN,

Presiding Officer.

Appearances :

For the employers: Sri D.K. Verma, Advocate.

For the Workman: None.

State: Jharkhand.

Industry: Coal.

Dated 19/8/2013

AWARD

By order No. L-20012/726/97/IR (C-I) dt. 10/09/1998

the Central Government in the Ministry of Labour has, 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, referred the following disputes for

adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of

Bhagabandh Colliery of M/s. B.C.C.L. in denying to

provide employment to the dependant son of

Smt. Kauslya Kamin under VRS(F) scheme on the

plea that she has crossed the age of 58 years on the

date of filing the application under VRS(F) scheme is

legal and justified? If not to what relief is the

dependant son of Smt. Kamin entitled?"

2. After receipt of the reference, both parties are

noticed. The parties appeared and filed their respective

claim statements. But subsequently, though management

counsel appears, the workman did not appear. Therefore, it

appears that there is no dispute between the parties. Hence

no dispute award is passed. Communicate to the Ministry.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2151-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj fVLdks ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèdj.k@Je U;k;ky; uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k

188@2000½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

09@09@2013 dks izkIr gqvk FkkA

[lañ ,y&20012@347@2000&vkbZvkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 12th September, 2013

S.O. 2151.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No. 188/2000

of the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 2,

Dhanbad as shown in the Annexure, in the industrial dispute

between the management of M/s TISCO, and their workmen,

received by the Central Government on 09/09/2013.

[No. L-20012/2000/1997-IR(C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT

SHRI KISHORI RAM, Presiding Officer.

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act, 1947.

REFERENCE NO. 188 OF 2000.

Parties :

The General Secretary,

Colliery Karmchari Sangh, Bhaga Dhanbad

Vs. General Manager

M/s TISCO, Jamadoba, Dhanbad

Appearances :

On behalf of the workman : None

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5813

On behalf of the Management:

Mr. D.K. Verma, Ld. Advocate

State : JHARKHAND

Industry : Coal

Dated, Dhanbad, the 8th August, 2003.

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec. 10(1)(d)

of the I.D. Act, 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

347/2000(C-I) dt. 29.11.2000.

SCHEDULE

"Whether the action of the General Manager of

M/s TISCO, P.O. Jamadoba, Dist. Dhanbad in not

providing employment to the dependant son of

Shri Rambali Mahato is justified? If not, to what relief

is the said dependant of the workman entitled".

2. The case of workman Rambali Mahato as sponsored

by Colliery Karmchari Sangh, Bhaga, Dhanbad that the

workman, T.No. 43669 was an employee of the TISCO Ltd

at. 6 & 7 Pits Colliery after his appointment w.e.f. 12.5.1969

and he discharged his duty as a Trammer. On sending him

to the Medical Board of the Management following his

madness during his employment, he was declared medically

unfit to continue his service. So he was put off the service

of the Company w.e.f. 22.9.1984.The workman rendered his

service for very long time of 23 years. The dependant of

the workman is entitled to his employment in place of the

workman as per the provision of the NCWA. Even at his

second time representations the management did not

consider his case, though the workman during the tenure

of his service had enrolled the name of the dependant son

in the Employees Dependant Register as per norms of the

Company. Thus the action of the management in not

providing employment to the dependant son of the

workman is unjustified.

3. Specifically denying the allegation of the O.P./

Management, it has been alleged on behalf of the workman

in his rejoinder that Rambali Mahato was appointed on

12.5.1961 as Trammer at 6 & 7 Pits Colliery. The management

itself admitted that Sri Rambali Mahato nominated one

person Shri Ram Ker Yadav to get an employment against

his long service according to the employment procedure

of the Company.

4. Whereas the contra pleaded case of the O.P./

Management with categorical denials is that the present

reference is unmaintainable, as it has been raised by the

Union concerned on behalf of the Ex-workman, Rambali

Mahato, who is already dead. The Union has no locus

standi to raise the demand on behalf of a workman, who is

not a member of the Union. The Union is a stranger one.

The provisions of the NCWA has no application to the

Establishment of the M/s TISCO in respect of the

employment of dependants, as the NCWA itself stipulates

that the Establishment will follow its own employment

procedure. The workman during the tenure of his service

had nominated one person named Ramker Yadav as his

dependant son to be provided employment on the strength

of his service against future vacancies. The management

considered the employment of temporary workers in the

year 1992 and the workman was issued the letter dt.

16th June,1992 to appear before the Medical Board along

with his dependant son for his medical examination so as

to nominate him in the pool of temporary workers for

providing employment against the temporary vacancies, if

found suitable for the job of a Miner. The management

recruited some of the dependants as temporary workers in

the year 1992 on the basis of the selection made to be

engaged against temporary vacancies, but the workman

did not turn up along with his dependant son for necessary

interview, selection and medical examination, as a result,

the name of his dependants could not be kept on the penal

of temporary workers.

5. Further alleged on behalf of the O.P./Management

that after the year 1992, with the introduction of the modern

technology by the Management in the Mining Operation,

the output per man shift increased in the process of

mechanization and concentration of the operation, but the

requirement of man power got reduced. Thus, it resulted

that the permanent workmen become surplus to requirement.

Hence, the Management introduced several Voluntary

Retirement Scheme for reduction of surplus manpower on

payment of better compensation and facilities so as to

maintain optimum work force for smooth working of the

Mines. So the scope of employment of the more workers in

the different establishments of the Company got reduced,

and the management has not yet been able to regularize

the temporary workers already inducted into the

employment of the Company prior to 1992. Thus, no

vacancy exists at present for consideration of the

dependants of any workman at the present juncture of

time. It is also alleged that no right exists for the demand on

behalf of an Ex-workman or Dead workman for employment

of his dependants. The consideration of the cases of

dependants for their employment is only against vacancies,

but there is no fixed time for providing an employment in

seniority under such circumstances, the demand for

employment by the workman is meritless, as the basis of

the Union concerned is baseless and imaginary, so it is

unsustainable. The action of the management in not giving

employment to the dependant son of Late Rambali Mahato

is legal and justified, and the concerned person is not

entitled to any relief.

6. In its rejoinder, the O.P./management has

categorically denied the allegations of the Union, and stated

that Sri Rambali Mahato was appointed on 12.5.1961, not

5814

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

on 12.5.1969 as alleged, and he was discharged from his

service on medical ground w.e.f. 22.9.1984.

FINDING WITH REASONS

7. In the instant reference, WWI Ram Bali Mahato,

the medically discharged workman for the Union and MWI

Dinesh Kumar Sharma, the Head Clerk for the O.P./

Management have been examined respectively.

The statement of WWI Rambali Mahato reveals that

he was appointed in the year 1957 and was declared

permanent in the year 1961 but was discharged from the

service on medical ground in Sept.,1984; and after

completion of his 15 years of service, the management

registered the name of his son Ram Ker in the Employment

Register of Dependant, but the management did not provide

his son any employment in view of the Employment policy

without any reason, though he had fulfilled all the

conditions required in support of his claim for it. Thereafter,

G.M.as per his letter (dt. 14/16.3.1994 -Ext.W.I) assured the

son of the workman to consider his temporary employment

in the event of requirement in future. His son had also

submitted his three representations (dt. 13.4.1994, 27.10.97

and illegible -Extt. 2, 2/1 and 2/2 respectively). The aforesaid

letter of the Divisional Manager clearly discloses that the

dependant son of the workman as per the letter dt. 16.6.1992

referred therein was advised to appear before the medical

Board for his medical fitness for employment, but he did

not turn up for it at the relevant time, and the post was

filled up by the next incumbent in the seniority list as per

turn. The workman (WWI) has asserted that his son had

not got any letter from the management for his interview

for it.

8. Whereas from the statement of MWI Dinesh

Kumar Sharma, the Head Clerk of the Management, it is

evident that, as per the service sheet of the workman

(Ext.M.1), he was discharged from service w.e.f. 22.9.1984

on the ground of his medical unfitness. The provision of

the NCWA is inapplicable to the Tata Steel Company, as

the management has its own policy. It is indisputable that

the name of the petitioner (son of the workman) was also

registered in the Employees Dependant Register, so in the

year 1992, the management had offered him for his temporary

employment as its letter (dt. 16.6.1992-Ext. M.2), but the

workman did not respond to the offer of employment .In

the year 1994, the petitioner son of the workman submitted

an application for employment, the management gave its

reply letters (Ext. M3 services, Extt. M. 4 and 5) responded

to his respective representations, so the claim of the

workman for employment of his son is not justified, and he

is not entitled to relief. But the Management witness has

affirmed that the Management has no proof about the

receipt of the employment offer by the petitioner in the

year 1992, and that the workman Rambali, now deceased,

had served the management for more than 23 years, though

denying that the claim of the workman for the employment

of his son after enrolment of his name for employment

following completion of his 15 years service, was

unconsidered in spite of available vacancy.

9. As per written argument, it is to submit on behalf

of the workman now Late Ram Bali Mahato/now his

dependant son Ramker Yadav that despite the fair case of

the workman for the employment of his aforesaid dependant

son that as per the employment policy of the Management

of the Tata Steel Company, the workman had got his name

of his dependant son Ramker Yadav enrolled in the

Employment Dependant Register after completion of his

15 years of his service, the workman was discharged on

medical ground in Sept., 1984, the management did not

provide him employment on the ground of non-appearance

of the workman or his dependent son at the relevant time

for reporting in spite of the latter's induction in the pool of

the temporary workers. Further it is contended on behalf of

the workman/the petitioner that in view of the para 9.4.3.(ii)

of the NCWAIII, the claim of the workman for his son Ramker

Yadav's employment is quite justified, because the

management of the TISCO Collieries is the party to the

NCWAIII, so it is applicable to the present case.

Whereas vehemently opposing the aforesaid plea of

the workman/petitioner, Mr. D.K.Verma, Ld. Counsel for

the O.P./Management has contended that the N.C.W.A. is

not applicable to the TISCO, as it has its own rules in

consonance with Rules of the J.B.C.C.I. Raising the point

about the cause of the action for the reference, Mr. Verma,

Ld. Counsel for the O.P./Management that in fact the

workman, was appointed on 12.5.1961, and he was

discharged from his service on medical ground w.e.f.

22.9.1984, and later on the workman died and the date of

his death was not disclosed in his case, so the claim of the

employment for the dependant as a matter of right is

unsustainable.

Lastly, the plea has been taken on behalf of the

workman/petitioner that the dependant son of the workman

(now dead) in the case has a right to obtain appointment

on compassionate ground as per the settlement itself as

held in the case of Mohan Mahato Vs. Central Coal Fields

Ltds and Ors reported in (2007)2 SSC (L & S) 951 (Paras 10

& 13)

10. After hearing the Learned Counsels for the

respective parties, and on perusal of the materials available

on the case record, I find the facts emerging during the trial

of the case for due consideration are as under:

(i) The indisputable acts are that workman Rambali

Mhato as a Trammer served at 6 & 7 Pits Jamadoba

Colliery under the management of the TISCO for

more than 23 years until his discharge from his

permanent service on 22.9.1984 on medical ground

of permanently disablement due to his T.B. and

Leprosy;

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5815

(ii) It is an acknowledged fact that the workman after

completion of his 15 years' service had already got

the name of his dependant son Ramker enrolled in

the Employee Dependant Register (EDR) for future

employment as per static rule of the Company.

(iii) Despite fulfillment of the aforesaid terms and

conditions by the workman for employment of his

son Ramker Yadav as per the policy of the Company,

the management in contravention of its own policy

at the relevant time in the year 1992 cannot deprive

Sri Ramker Yadav, the son of the workman Rambali

Mahato of his right to employment on the ground

of their non-appearance before the Asstt.

Manager(P) within three days of receipt of the letter

dt. 16.6.1992(Ext.M.2), or even on that of the

changed circumstances about meeting of the

requirement from the dependants of the retired

employees of more than 30 years based on seniority

as per the letter dt.14/16th March, 1994 (Ext.W.1),

and

(iv) The O.P./Management has no proof of the delivery

of its letter dt. 16.6.1992 (Ext.M.2) to the workman

now his son all along struggling for it. The verdict

of the Hon'ble Apex Court in the above cited case

of Mohan Mahato holds good with the factum of

the case.

11. Under these circumstances, it I held and hereby

awarded that the action of the General Manager of M/s

TISCO, PO: Jamadoba, Distt. Dhanbad in not providing

employment to Ramker Yadav, the dependant son of Rambali

Mahato is quite unjustified. So the said dependant son is

entitled to his employment in the Company as per its very

policy, relaxing his age due to undue delay caused by the

O.P./Management itself for its negligence in duty towards

him.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2152-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lh lh ,y ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k@Je

U;k;ky; uañ 1] èuckn ds iapkV ¼lanHkZ la[;k 29@2002½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11@09@2013 dks izkIr gqvk

FkkA

[lañ ,y&20012@383@2001&vkbZ vkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vfèdkjh

New Delhi, the 12th September, 2013

S.O. 2152.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 29/2002 of

the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 1,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s CCL, and their

workmen, received by the Central Government on

11/09/2013.

[No. L-20012/383/2001-IR (C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 1), DHANBAD

In the Matter of a Reference U/S 10(1) (D) (2A) of I.D.

Act, 1947.

REF. NO. 29 OF 2002

Employers in relation to the management of Urimari

Project of M/s C.C.L.

AND

Their workmen

Present: Sri Ranjan Kumar Saran,

Presiding Officer

Appearances:

For the Employers

:— Sri D.K. Verma, Advocate

For the workman

:— Sri P.M. Prasad Advocate

State : Jharkhand

Industry: Coal

Dated 24/5/2013

AWARD

By Order No. L-20012/383/2001 IR (C-I),

dt. 26/02/2002, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

^^D;k turk etnwj la?k dh lhñlhñ,y] fl;ky {ks= ;wjhekjh

izkstsDV ds izcaèra= ls ekax fd Jh ujs'k izlkn] ofj"B Mªk¶VeSu

dh tUe rkjh[k 6-12-1945 ds LFkku ij 14-7-1949 ntZ dh

tk;s mfpr ,oa U;k; laxr gS\ ;fn gka rks deZdkj fdl jkgr

ds ik= gSa\**

2. The case is received from the Ministry of Labour

on 21.03.2002. After notice both parties appeared, the

workman files their written statement on 07.10.2002. The

Management files their written statement-cum-rejoinder on

28.03.2003. Thereafter the workman files their rejoinder on

07.07.2003.

3. The short point involved in this case is as to

whether the Date of Birth of the workman was 14.07.1949 or

06.12.1945. On the basis of which they was retired in the

5816

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

year 2005, case of the workman was that he passed

matriculation. But his matriculation certificate was stolen

by dacoits alongwith other house hold articles. But the

workman filed some other certificates where his date of

Birth appears to 14.7.49. But the recommendation of NCWA

is the persons who have no matriculation certificate to

prove the age or date of Birth they have to be presented

before the medical board for age determination. Accordingly

the workman presented before the medical board where his

age has been determined as 23.09.1945.

4. The workman has stated in his cross examination,

that he has not filed the original matriculation certificates

and that has been stolen and he lodged F.I.R. Had the

workman passed the matriculation examination, he could

have obtained the duplicate of the same from the Board or

University authority. In the absence of the same his age

determination by the medical board is accepted to be

justified.

5. Since as per the NCWA the workman appeared

before the medical board in absence of matriculation

certificate, either original or authenticated duplicate the

result of the medical board is to be accepted.

6. Considering the facts and circumstances, I hold

that the demand of Janta Mazdoor Sangh, C.C.L Sayal Area

of Urimari project for recording the age of Sri Naresh Prasad,

Sr. Draftsman. 14.07.1949 in place of 06.01.1945 is correct

and justified. Accordingly the workman has been rightly

retired by the management. Hence the workman is not

entitled to get any relief, the reference answered against

the workman.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2153-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ch lh lh ,y ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k@Je

U;k;ky; uañ 1] èuckn ds iapkV ¼lanHkZ la[;k 104@2000½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11@09@2013 dks izkIr gqvk

FkkA

[lañ ,y&20012@446@1999&vkbZ vkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vfèdkjh

New Delhi, the 12th September, 2013

S.O. 2153.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 104/2000 of

the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 1,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s BCCL and their

workmen, received by the Central Government on

11/09/2013.

[No. L-20012/446/1999-IR (C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 1), DHANBAD

IN THE MATTER OF A REFERENCE U/S 10(1) (2A) OF

I.D. ACT, 1947.

Ref. No. 104 of 2000

Employers in relation to the management of Regional

Hospital, Kustore Area M/s B.C.C.L.

AND

Their workmen

Present: SRI RANJAN KUMAR SARAN,

Presiding Officer

Appearances:

For the Employers

:—

Sri D.K. Verma, Advocate

For the workman

:—

Sri K.N. Singh, Rep.

State : Jharkhand

Industry : Coal

Dated 18/6/2013

AWARD

By Order No. L-20012/446/99 (C-I), dated 03/02/2000,

the Central Government in the Ministry of Labour has, in

exercise of the powers conferred by clause (d) of sub-

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

Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

^^D;k dqLrksj [knku Hkkñdksñdksñfyñ] èuckn ds izcaèra= }kjk

deZpkjh Jh izsepUn] Mªslj dks lgk;d Hk.Mkjiky ds in ij

fu;fer ugha djuk ,oa muds }kjk fd, x, lgk;d Hk.Mkjiky

dk dk;Z djus dh vofè ds osru dk Hkqxrku u djuk]

laoSèkfud ,oa dkuwuh rkSj ij lgh ,oa mfpr gS\ vFkok ugha\

;fn ugha] rks deZdkj fdu ykHkksa ds gdnkj gSa\**

2. The case is received from the Ministry of Labour

on 23.02.2000. After notice both parties appeared. The

Sponsoring Union files their written statement on

03.09.2001. The management files their written statement-

cum-rejoinder on 12.12.2001. Thereafter rejoinder and

documents received by the workman. Witness have been

examined.

3. The case of the workman is, he was working as a

dresser in the General hospital Kustore in a sanctioned

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5817

post. In the store of the said hospital, this workman was

ordered to remain in charge of store and he has been working

as such for along time. The post of store keeper is a clerical

post carries more pay than dresser for which the workman

represented to be observed in the said post which was

rejected. The workman raised the dispute which came for

decision before this Tribunal.

4. The case of the management is, that there was one

sanctioned post of store keeper of the hospital and one

man is working there. The present workman was ordered to

assist or work as store keeper in his absence and the

workman has been working and as such, but he is not be

regularised. Since he has not been selected or recruited as

clerk.

5. There is no scope for promotion from dresser to

store keeper clerk.

6. After hearing the argument, perusing the pleadings

and evidence this tribunal finds that the workman has not

been recruited as clerk or storekeeper but he was working

in the said post.

7. Merely working in a higher post for a long period

does not automatically get a right to be regularised in the

said post. Therefore the Tribunal does not feel to disturb

the cadre rule of the management to take a dresser to the

cadre of the store keeper.

8. Considering the facts and circumstances of the

case, I hold that the action of the management of Kustore

colliery of M/s. BCCL is not regularising Sri Premchand,

dresser as store keeper difference of wages is legal and

justified. The workman is not entitled to get any extra

remuneration. Therefore the reference answered against

the workman.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2154-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ch lh lh ,y ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k@Je

U;k;ky; uañ 1] èuckn ds iapkV ¼lanHkZ la[;k 120@1999½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 11@09@2013 dks izkIr gqvk

FkkA

[lañ ,y&20012@42@1999&vkbZ vkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vfèdkjh

New Delhi, the 12th September, 2013

S.O. 2154.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 120/1999 of

the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 1,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

11/09/2013.

[No. L-20012/42/1999-IR (C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 1), DHANBAD

IN THE MATTER OF A REFERENCE U/S 10(1) D (2A)

OF I.D. ACT, 1947

REF. NO. 120 OF 1999

Employers in relation to the management of Barora Area

of M/s. B.C.C.L.

AND

Their workmen

Present:

Sri Ranjan Kumar Saran, Presiding Officer

Appearances:

For the Employers

:—None

For the workman

:—None

State : Jharkhand

Industry : Coal

Dated 24/5/2013

AWARD

By Order No. L-20012/42/99 IR (C-I), dated

04/06/1999, the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

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

the Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

^^D;k etnwj la?k dk nkok fd Jh lkèq uksfu;k o"kZ 1982 ls

ukbV xkMZ dk dk;Z dj jgs gSa lgh gS\ ;fn gka rks D;k mudh ekax

fd deZdkj dks iwoZ frfFk ls mDr in ij fu;fer fd;k tk,

rFkk lHkh vkfFkZd ykHk fn, tk,a mfpr gS\ ;fn gka rks deZdkj

fdl jkgr ds ik= gSa rFkk fdl rkjh[k ls\**

2. The case is received from the Ministry of Labour

on 15.06.1999. After Notice both parties appeared. The

workman files their written statement on 30.11.2000.

Thereafter rejoinder and documents received. Evidence of

the workman taken. Admittedly the workman was working

wagon loader. But subsequently he was entrusted to work

as a peon cum security guard. Presently the workman claims

to be absorbed as security guard cum peon. It is also the

5818

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

case of the workman that he has no papers to show that he

was appointed as security guard or he was selected for the

said post by appearing any interview.

3. On the other hand it is submitted by the

management that in wagon loader post one has to labour

hard for which the workman requested to work on the

surface to work as a peon with understanding of receiving

the wagon loader scale.

4. Had the workman produced any promotional or

appointment letter to the post of either peon or security

guard. There was no difficulty to allow his claim. As that

has been not filed, the workman has no right to continue as

peon or security Guard.

5. Considering the facts and circumstances, I hold

that the claim of Mazdoor's Sangh that Sri Sadhu Nonia is

working as night guard from the year 1982 is not correct.

Accordingly the workman is not entitled to be regularised

in the post of peon-cum-security guard. Hence the reference

is answered against the workman.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2155-—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ch lh lh ,y ds

izcaèra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k@

Je U;k;ky; uañ 2 /kuckn ds iapkV ¼lanHkZ la[;k 201 dk 2001½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 09@09@2013 dks izkIr

gqvk FkkA

[lañ ,y&20012@410@1997&vkbZ vkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vfèdkjh

New Delhi, the 12th September, 2013

S.O. 2155.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 201/2001)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 2,

Dhanbad as shown in the Annexure, in the industrial dispute

between the management of M/s BCCL and their workmen,

received by the Central Government on 09/09/2013.

[No. L-20012/410/1997-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO .2), AT DHANBAD

PRESENT

SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1 )

(d) of the I.D.Act., 1947.

REFERENCE NO. 201 OF 2001.

Parties

:

Joint General Secretary,

Rashtriya Colliery Mazdoor

Sangh,Rajender Path, Dhanbad

Vs. General Manager,

Lodna Area of

M/s BCCL,Khasjeengora,Dhanbad

Appearances:

On behalf of the

:

Mr. R.K.Mukherjee,

workman/Union

:

Ld.Advocate

On behalf of the

Management

:

Mr.D.K.Verma, Ld.Advocate

State : Jharkhand

Industry : Coal

Dated, Dhanbad, the 27th June, 2013

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec. 10

(1)(d) of the I.D. Act.,1947 has referred the following dispute

to this Tribunal for adjudication vide their Order No.

L-20012/410/97-IR(C-I) dt. 23.7.2001.

SCHEDULE

"Whether the demand of Rashtriya Colliery Mazdoor

Sangh from the management of Lodna area of M/s.

BCCL for regularization of Sri Khagan Rajwar in

Group -E w.e.f. 23.9.97 end in Group- D 15.1.93 is

justified and legal? If so, what relief is the workman

entitled to?".

2. The case of workman Khagan Rajwar as sponsored

by

the

Rashtriya

Colliery

Mazdoor

Sangh

(RCMS),Dhanbad, is that typographical mistake in dating

23.9.97 in place of 23.9.87 in the Schedule to the reference

be read and corrected as latter date for proper adjudication;

that the workman was initially appointed as Greaser Helper

in Cat.I, w.e.f. Sept.,1996,was regularized on 23.9.87

accordingly in Cat.II and then as Auto Fitter Helper in Cat.E

in place of E.P.Fitter Helper w.e.f. 21.11.990. Bhim Ram ,the

junior, who was appointed on 7.11.1989, was regularized in

Excavation Cat.E only after one year w.e.f. 21.12.1990 and

the same time in E/P Fitter Helper, but the workman was

given Cat.E after four years of his appointment, so the

workman was also entitled to be regularized as E/P Fitter

Helper in Cat.E after one year w.e.f. 23.9.1987.Thus action

of the management in regularizing the workman as Auto

Fitter Helper in Excavations Cat.E w.e.f. 21.11.90 instead of

regularizing him as E/P Fitter helper w.e.f. 23.9.1987 is

discriminatory. Likewise the promotion/regularization of

the other workmen Binod Prasad Rajak,Bhim

Ram,Ramashray Ram and Om Prakash junior to the workman

in Cat.1 to Grade D w.e.f. 15.1.1993 is contrasted with the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5819

workman in Grade E itself is due to his wrong initial

designation amounting to supersation.

3. Further it is alleged that while continuously

working in the Excavation grade, the workman was wrongly

given designation of the Auto Filter Helper in place of

proper designation against the principle of equal pay for

equal work. He is entitled at least to be put in the Grade "D"

w.e.f. 15 .1.1993 on which date his juniors were given the

same benefits of Grade-D. The action of the management is

unfair Labour practice and violation of Cadre Scheme for

Excavations Personnel and of the Artt.14,16 and 21 of the

Constitution of India. Finding no alternation, the union on

his behalf raised the Industrial Dispute before the ALC @,

Dhanbad,but its conciliation proceeding failed due to non-

cooperative attitude of the management, it resulted in the

reference for an adjudication.

4. Secondly denying the allegation of the O.P.

Management, the Union in its rejoinder has stated that the

reference is legally maintainable and if there is no violation

of any cadre scheme, then promoting regularizing the

workman as Auto Fitter Helper in Excavation Cat.- E is

itself wrongs as well as giving him the Grades E & D w.e.f.

21.11.1990 and 20 12.96 in place of the year 1987 and 1990

respectively as given to his junior similarly situated persons

Binod Pd.Rjak, Bhim Ram, and others. Since the cadres of

Bhim Ram and the workman are same, the workman deserves

to be given his due actual cadre/designation at proper time

as others were given.

5. Whereas challenging the maintainability of the

reference, the contra pleaded case of the O.P./Management

is that the Cadre Scheme for non-executive employees

governed by the NCWA as formulated by JBCCI w.e.f.

NCWA (1).The Cadre Scheme for Excavation Personnel

was issued by the Implementation Institution (II) No.49/

5074 by the JBCCI.The workman was appointed as a Trainee

in Cat.I on 4.9.86, was subsequently regularized in Cat. II

w.e.f. 23.9.87, then regularized as Auto Fitter Helper in

Excavation Cat.E w.e.f. 21.11.1990, and then promoted from

excavation Cadre E to Excavation Gr.D w.e.f. 20.12.1996.The

sponsoring Union has no locus standi to raise the present

Industrial dispute in the year 1995, and to demand for his

regularization with retrospective effect quite against

violation of the Cadre Scheme.The workman we rightly

placed as a Greaser Helper Trainee at the time of his

appointment on 4.9.1986, since then his placement in Cat.II

and then in Auto Fitter Helper in Excavation Cadre E w.e.f.

23.9.87 and 21.11.1990 respectively was quite right. As per

the Cadre Scheme Excavation Gr'.D' is a selection post and

workman was selected for the said post was accordingly

placed in Gr.' D' w.e.f. 20.12.1996.There was no anomaly or

irregularity in the promotion and regularization of the

workman from Cat. I to Gr.D.The demand of the Union is

neither legal nor justified, so the workman is not entitled to

any relief.

6. Further, the O.P./Management in its rejoinder with

categorical denials has stated that the suo moto change by

the Union in terms of the reference without asking the

Ministry for its corrigendum is illegal and justified, as the

Tribunal cannot make a correction in lack of any

corrigendum of the Ministry in the reference. The Ministry

has refused to refer the dispute initially. It is also alleged

that the workman and Bhim Ram were appointed in different

cadres, so he had no connection with the case of Bhim

Ram.

FINDING WITH REASONINGS

7. In the reference case,WW1 Khagan Rajwar,the

workman himself and WW2 Seo Shankar Prasad Singh’

Sr.Mechanic, South Tisra Colliery, on behalf of the Union

have been fully examined, whereas no witness could be

examined by the O.P./Management despite ample

opportunity.

8. Mr.R.K.Mukherjee, the Ld.Counsel for the Union

as per his written argument submits that the workman

Khagan Rajwar was initially appointed as Greaser Helper

in Cat.1 w.e.f. 23.9.1986, and regularized as a Greaser Helper

Cat. II 23.9.1987, thereafter as the Auto Fitter Helper in

Cat.E w.e.f. 21.11.1990, whereas his junior Binod Prasad

Rajak and other working in the same capacity were

regularized in Gr.D w.e.f. 15.1.1993,so the workman is entitled

to Grade D w.e.f. 15.1.1993,whereas statement of the

workman Khagan Hagan Rajak (WW1) based on the

photocopies of the documents of the aforesaid colleague

Binod Prasad Rajak manifests the appointment of said Rajak

as Excv. Plant Greaser Helper (T) as per the Office Order

(dt.6.12.1986 -Ext.W.1), the regularization of the workman

and aforesaid Rajak as Greaser Helper Cat.II w.e.f. 23.9.87

and 7.12.1987 respectively as per the Office Order

(dt.30.4.1988 -Ext.W.2 with objection), thereafter promotion/

regularization aforesaid Rajak as Fitter Helper w.e.f. 6.12.1989

as per the Office Order dt.24/25.9.90 (Ext.W.3 with

objection),and then his promotion in E.P.Fitter Grade B as

per the Office Order dt.24.7.1993 (Ext.W.4 with objection).

The workman has stated to have been promoted in Grade E

-Fitter in the year 1991, but to have claimed for the Grade B

as Mr.Rajak is working in. But factually the aforesaid Office

Order (Ext.W.4) refers to the promotion of Mr. Rajak as

E.P.Fitter in Grade D, not in Grade B as claimed by the

workman. Likewise, the statement of WW2 Sheo Shankar

Pd.Singh is corroborated to that of the workman.

9. On the other hand, Mr .D.K. Verma, Ld.advocate

for the O.P./Management has to submit that the

management in Para 8 of its written statement has already

mentioned about the workman to have been promoted

Excavation Grade E to Excavation Grade D w.e.f. 20.12.96,

and that however no case of the workman could be made

out in terms of the reference under adjudication.

5820

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

10. On due perusal and consideration of the materials

as adduced by the workman, I find that irrespective human

lapse/fallacy in the Reference to Grade B in stead of D, the

workman has expressedly or impliedly proved his case /

claim for promotion to Grade "D w.e.f. 15.1.1993 as Senior

to his Colleagues Binod Pd. Rajak who has been working

as E.P. Fitter since aforesaid date, but the claim of the

working for regularization in Grade E w.e.f. 23.9.97 being

vague remained unproved.

Under these circumstances, it is, in the terms of the

reference, hereby,

ORDERED

That the award be and the same is that the only claim

of the Rashtriya Colliery Mazdoor Sangh from the

Management of Lodna Area, B.C.C.L. for regularization /

promotion of workman Khagan in Grade D w.e.f. 15.1.1993

is justified and legal, but in respect of its demand for the

workman's regularization in Grade "E" w.e.f. 23.9.1997, it is

too vague. Hence, the workman is entitled to promotion to

Grade "D" with all its financial benefits/differences

whatsoever since 15.1.1993. Let the copies -one Soft and

one Hard of the Award be sent to the Ministry of Labour &

Employment, New Delhi, for information and needful

publication in the Gazette of India.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2156-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; uañ 1] /kuckn ds iapkV ¼lanHkZ la[;k 39@1998½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 11@09@2013 dks izkIr gqvk FkkA

[lañ ,y&20012@193@1997&vkbZvkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 12th September, 2013

S.O. 2156.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 39/1998)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 1,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL, and their

workmen, received by the Central Government on

11/09/2013.

[No. L-20012/193/1997-IR(C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act

REF. NO. 39 OF 1998

Employer in relation to the management of Sendra

Bansjora Colliery of M/s. BCCL.

AND

Their workmen.

Present :

Sri RANJAN KUMAR SARAN, Presiding Officer

Appearances:

For the employers

: Sri D.K. Verma, Advocate.

For the Workman

: Sri D. Mukherjee Rep.

State Jharkhand.

: Industry—Coal.

Dated 22/07/2013

AWARD

By order No. L-20012/193/1997/IR (C-I) dt. 12/08/1998,

the Central Government in the Ministry of Labour has, 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, referred the following disputes for

adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Sendra

Bansjora Colliery of M/s. B.C.C.L. in dismissing the

service of Shri Ram Lakhan Chouhan, Ex-Mini-Loader

w.e.f. 21.2.85 is justified. If not, to what relief Shri

Ram Lakhan Chouhan is entitled."

2. After receipt of the reference, parties are noticed,

Respective parties submitted their documents. MW-1 has

been examined and crossed examined. During continuance

of the case, the workman died. None from his behalf filed

any substitution petition supported by affidavit. The case

adjourned for filing of substitution petition. Four years

elapsed in the meantime. Hence the present reference is

abated against the workman.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 13 flrEcj] 2013

dkñvkñ 2157-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj baf.M;u

,;jykbUl ¼dydRrk½ ds izca/kra= ds lac) fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5821

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] xqokgkVh ds iapkV ¼lanHkZ

la[;k 03@2011½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

11-09-2013 dks izkIr gqvk FkkA

[lañ ,y&11011@10@88&Mh-II ¼ch½@Mh-III¼ch½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 13th September, 2013

S.O. 2157.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 03/2011)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Guwahati as shown in the Annexure, in the Industrial dispute

between the management of Indian Airlines, Calcutta, and

their workmen, received by the Central Government on

11.09.2013.

[No. L-11011/10/88-D.II(B)/D.III(B)]

M.K. SINGH, Section Officer

ANNEXURE

IN THE CENTRAL GOVT. 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 Indian Airlines, Calcutta.

-Vrs-

Their Workmen Sri Basistha Sahani & 3 Others.

Ref. Case No.03 of 2011.

Appearances:

For the Management:

Mr. R.N.Mazumder, Advocate.

Mr. M.Mahata, Advocate.

Mr. A.K.Sarkar, Advocate.

For the Workmen:

Mr. Abu Sharif, Advocate,

Date of Award: 20.08.2013.

AWARD

1. This Reference was initiated on an Industrial

Dispute raised by the workman Sarbasri Jibeswar Mandal,

Jagannath Mahato, Sunil Singh, Baisistha Sahani, Security

Guards/Loaders against the Management of Indian Airlines,

Kolkata which was referred to the Industrial Tribunal,

Guwahati by the Ministry of Labour vide order No.L-11011/

10/88-D.II(B)/D.III(B) dated 4.1.1989, u/s 10(1)(d) of the

Industrial Dispute Act for adjudication, as per the following

Schedule.

SCHEDULE

"Whether the action of the management of Indian

Airlines, Calcutta in terminating the services of

S/Shri Jibeswar Mandal, Jagannath Mahato,

Sunil Singh, Baisistha Sahani Security Guards/

Loaders from 1987, 1983, May 1986 and 1982

respectively is justified. If not, what relief are the

workmen entitled to?"

2. The Industrial Tribunal, Guwahati (State) registered

this Reference Case being Reference No.2(C)/1989.

Subsequently, the Reference was transferred to this

Tribunal by the Industrial Tribunal (State), Guwahati vide

their order dated 19.2.2011 and accordingly the

present Reference has been renumbered (Reference Case

No.03/2011).

3. On receipt of the Reference, on transfer, notices

were issued upon the parties and both the parties appeared

and the case was fixed for argument. Subsequently, the

workmen were found absent inspite of issuing notice upon

them. Even the learned Advocate for the workmen was

found absent inspite of causing service of notice upon him

hence, the Management was heard ex-parte as per order

dt. l7.5.2013.

4. The workmen submitted their claim statement

jointly stating inter-alia that they were appointed by the

Management of Indian Airlines, Kolkata I different jobs as

shown below:—

(i)

Shri Jagnnath Mahato was appointed as

Security Guard on day and night shift.

(ii)

Shri Jibeswar Mandal was appointed as

Security Guard in the year 1979 for both day

and night.

(iii)

Shri Sunil Singh was appointed as loader for

day shift.

(iv)

Shri Basistha Sahani was appointed as Loader

for day shift.

The workmen stated that they were discharging their

service to the best of their ability and sincerity and to the

satisfaction of the Management for several years

continuously without any blemish as Casual/Daily rated

employees. But the workmen were terminated from the

service without assigning any reason thereof violating the

provision of law. The workman contended that they had

been performing the permanent nature of work continuously

but the Management due to their unfair labour practice

employed them as Casual labourer and even did not issue

any appointment letter inspite of their repeated requests to

issue formal letter of appointment. Then the workmen raised

dispute regarding the illegal termination and having failed

to get any relief, got the dispute referred to the Assistant

Labour Commissioner (C), Guwahati who after discussing

the matter on 13.1.1986 with the Management

representative, in presence of the workmen, and the

Management inter alia agreed to consider the demand of

the workmen to be absorbed on regular posts. Thereafter,

5822

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

the workmen were called to appear in an interview held by

the Management on 20.2.1986 and the workmen in view of

their position, could not but appeared in the interview for

the post of Loaders on the aforesaid date.

It is also stated by the workmen that after the

interview the workmen did not receive any letter from the

Management, rather on 19.8.1986 .the workmen received

letter being No.54(10)/86-B/A dated 18.8.1986 from the

Assistant Labour Commissioner (Central), Guwahati

whereby they came to know that all the workmen as

mentioned above have been declared unsuccessful and

their prayer has been rejected. Thus the action of the

Management is malafide and the interview was a mere eye-

wash to deprive the poor workmen who were fighting for

justice all along. It is further mentioned by the workmen

that there was the need and requirement, under the

circumstances the Management can not deprive the

workmen; and there was no medical test as the work of

Loader is merely a manual work and the workmen were

healthy; disciplined persons who were deprived only

because of the fact that they were having pursuing their

legitimate claim to the Management. Further plea of the

workmen is that they were not allowed to do any work

whatsoever in the Indian Airlines and this has resulted to

great hardship to the workmen. The workmen also

mentioned that they served the Management for years

together and yet they remain on daily rated workmen

without any security of their services without the protection

of equal pay for equal work. Even though they were putting

continuous service for not less than 4/5 years. The workmen

added that the necessary registers showing employment

are with the Management and they are to produce these

before this Tribunal while the workmen were not supplied

with letter of appointment; and that there were several other

Loaders employed by the Management who were

performing similar nature of work getting much higher

remuneration but the workmen were paid a low rate,

although they performed similar nature of work like the

other loaders. Hence, the workmen are entitled to get the

same rate of wages which was denied by the Management.

As such, the workmen prayed to hold that the order of

termination of the workmen by the Management is illegal

and unjustified; and to award their reinstatement with all

back wages for the period of their forced unemployment

along with costs and further be pleased to direct that the

workmen be paid same scale of wages as other loaders

employed by the Management.

5. The case of the Management on the other hand, in

brief, is that the dispute having been not sponsored by

any Union and in absence of any mention in the order of

Reference that the said Reference has having been made

u/s 2A of the Industrial Dispute Act, 1947; and as the

dispute is not in an Industrial Act within the meaning of

Section 2(k) of the I.D. Act; the present Reference is not

maintainable. The Management mentioned that the

workmen namely Shri Jagannath Mahato and Shri Sunil

Singh were engaged as casual workers as shown below:—

I

Shri Jagannath Mahato:

May, 1986

8 nights as Security Guard.

June,1986

15 nights as Security Guard.

July, 1986

15 nights as Security Guard.

August,1986

8 nights as Security Guard.

November, 1986

12 nights as Security Guard.

March,1987

14 nights as Security Guard.

April, 1987

1 day as Loader.

8 nights as Security Guard.

May, 1987

12 nights as Security Guard.

Total - 93 days.

(ii)

Shri Sunil Singh:

June, 1987...................12 days as Loader.

The remaining workmen Shri Jibeswar Mandal and

Shri Basistha Sahani were never engaged by the

Management as casual labourer. Thus it is clear that none

of the workmen has completed 240 days of continuous

service in any given year so as to come within the purview

of Section 25(f) of the I.D.Act and to derive benefit

thereunder, in the even of their termination. Further case of

the Management is that an interview was held by the

Management in November,1986 for filling up the vacancy

for the post of Loader for the candidates sponsored by the

local Employment Exchange as also for the candidates

recommended for interview by the Assistant Labour

Commissoner (C), Guwahati who recommended the names

of the alleged workmen besides 11 others whose names

appeared in the minutes of discussion held in the Office of

the Assistant Labour Commissioner (C), Guwahati on

13.1.1986 in respect of the representation made by 15 ex-

casuals. The interview for the said candidates sponsored

by the Employment Exchange and for those who were

recommended for interview by the Assistant Labour

Commissioner (C), was held on 20.2.1986 by duly

constituted Board and the names of the workmen Shri Sunil

Singh and Jibeswar Mandal were empanelled which was

valid up to 26.2.1988, while Shri Jagannath Mahato and

Basistha Sahani were found not suitable by the Interview

Board. The panel has since expired Shri Sunil Singh and

Jibeswar Mandal could not be offered appointment because

of the embargo on the recruitment. Subsequently fresh

names were sponsored by the Employment Exchange,

Guwahati on the request of the Management and those

who were found eligible have already been interviewed by

the Board and a fresh panel was drawn for the post of

Loader at Guwahati, and none of the present workmen

were sponsored by the Employment Exchange.

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5823

The Management categorically the allegations in

para— 2, 3, 4, 5, 6, 7, 8, 9, 10,11,12 and 13 of the claim

statement submitted by the workmen. The management

denied that the workman Jibeswar Mandal was appointed

as Security Guard in the year 1979 for both day and night,

and that the workmen were serving the Management for

several years continuously; and that the workmen

Jagannath Mahato and Basistha Sahani were employed as

casuals. As such, the question of termination of service of

the alleged workmen does not and can not arise. The

Management also denied in particular that the alleged

workmen had performed permanent nature of work

continuously and that the Management had been following

unfair labour practice. The Management pleaded that the

workmen never issued appointment letter to the casual

labourer. The further plea of the Management is that the

Management's representative agreed to consider the case

of 15 casuals including the alleged workmen subject to

fulfillment of the requirement suitability/ interview/selection

etc. and hence, it is wrong to allege that the Management

agreed to absorb the workmen on regular post in the said

meeting held on 13.1.86; as such, it is not correct to mention

that the workmen were not required to undergo any

interview. Under the above circumstances, the Management

contended that the workmen are not entitled for any relief

and hance prayed for answering the Reference accordingly.

5. The workmen by filing an Addl. claim statement

stated that the Tribunal has already decided the point of

maintainability raised by the Management as preliminary

issue and the Court vide its order dated 29.5.89 opined that

the present dispute is an Industrial Dispute as defined in

law; and that the statements made by the Management in

their W.S. are not true, correct and misleading. lt is also

contended by the workmen that an interview was really an

eye wash since holding of the interview after long time to

work as a casual workers is meaningless and malafide which

amounts to unfair labour practice and hire and fire policy.

6. In order to establish their respective plea the

workmen examined themselves while the Management

examined their solitary witness Namely K.M.A. Koshic,

Dy. Manager, Indian Airlines, Kolkata.

Let me discuss the evidence of both the sides. The

workman Shri Jibeswar Mandal(W.W.l) in his evidence

stated that he worked as Security Guard under the

Management from 1979 to 1984 as casual worker and during

this period he sometimes worked as Loader as per the

instruction of the Management; and the Station Manager

prepared the weekly bill (voucher) and on production of

the said bill before the cash counter the payment was made

to him. After 3 years of his service when he found the

cashier causing trouble in making payment he kept

Photostat copy of the bill prepared by the Station Manager

and some copies have been filed in this case. He mentioned

that during the period 1979-83 many posts for Loader held

vacant and upon filing applications twice for regular

appointment as Loader. The interview was held by the

Management and on his approach the Station Manager

told him that he would be absorbed as Loader on permanent

basis whenever any vacancy arises. He has proved the

Exhibit-I, the notice issued to him calling for an interview

for the post of Loader. The W.W.1 also said that he along

with 14 other casual labourer made a representation before

the Assistant Labour Commissioner (C), Guwahati who held

conciliation on 13.1.86 and as per the minutes of the

conciliation proceeding the Management arranged for

interview for the Post of Loader and the workman appeared

in the said interview on 20.2.86 but he was not appointed.

Thereafter he along with other co-workmen namely Sunil

Singh, Basistha Sahani and Jagannath Mahato made

representation for taking necessary action by the Assistant

Labour Commissioner (C), whereupon reply was received

by them from the Assistant Labour Commissioner (C).

Guwahati that they were not selected for the post of Loader.

Thereafter the Management did not allow them to work as

casual worker. The W.W.l has proved the minutes of the

conciliation proceeding held on 13.1.86 as Exhibit- 2. Then

the workman made an appeal before the Labour

Commissioner (C), Guwahati on 26.8.86 (Vide Exhibit-3)

against the order dated 19.8.96 issued by the Assistant

Labour Commissioner (C). During this period the

Management have absorbed 10 to 12 casual labourer

permanently and those labourers were not working with

the W.W.l as casual labourer since 1979. He also mentioned

that his name was registered in the Employment and his

name was also sponsored by Employment Exchange before

the authority but the Management did neither appoint him

till date of his deposition nor allowed him to work as casual

worker.

In course of his cross-examination the W.W.1

mentioned that his grievance would have met up the

Management appointed him on the basis of the interview

held on 20.2.86 and the panel was prepared for the

successful candidates after the interview on merit. He also

said that he was not satisfied that his name in the panel list

unless he is appointed, and that it is not his contention

that since he appeared in the interview he should be given

appointment as the matter of right. The workman witness

also stated that his name was registered with the

Employment Exchange and he worked under the Travel

Agent of Indian Airlines and then he again says sometimes

he worked as casual labourer in the Indian Airlines and the

nature of work done by the Security Guard and that all the

labourers are not same. He again mentioned that he has no

document to show that he was serving as casual labourer

in the Indian Airlines.

The workmen witness No. 2, Shri Sunil Singh said

that he was working under the Management of Indian

Airlines as Loader from 1982 to 86 without any break as

casual worker and he was paid on monthly basis. The

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[PART II—SEC. 3(ii)]

vouchers were prepared by the Cargo In- Charge and after

counter signature of the same by the Station In-charge

these were produced before the Cash counter from where

he received the payment, The Cargo In- charge verbally

informed him that as there is no more work to do, he need

not attend their office and he would be informed as and

when any Loader work necessary. Then he along with other

workmen approached the Assistant Labour Commissioner

who held a meeting with the Management and as a result

ot the conciliation the Management held an interview for

the post of Loader and he appeared in the said interview.

He has proved the minutes of the conciliation proceeding

vide Exhibit-2. After interview the Management made a

select list of candidates and he was told by the Management

that his name was also in the Select List and he would be

absorbed as and when any vacancy occurs. But on his

enquiry on several occasions he was informed that no

vacancy occurred for the post of Loader. He also mentioned

that the Indian Airlines has engaged him as Loader after

his removal in the year 1986 and he has been working as

Loader on contract labourer basis. Even after the interview

he was engaged as contract labourer and he is still working.

He has submitted 2 vouchers marked as Exhibit-4(k) and 4

(b) issued by the Station In-charge. According to the

workman witness No. 2 the vouchers marked as Exhibit-

4(a) and 4(b) establishes that he was engaged by the Indian

Airlines as labourer on contract basis and was paid his

wages. He also said that as contract labourer he was getting

about Rs.600/- per month and after he would have been

engaged against permanent vacancy as labourer he would

receive Rs.2000/- per month, but the Management is not

engaging him as labourer on permanent basis though there

are vacancies. In course of his cross-examination the

workmen witness No.2 said that the read up to Class-V in

Bihar and upto Class-VIII in Guwahati but he does not

have any certificate to show that he read in a school at

Guwahati. He also said that he did not have any allegations

against the person who held the interview and apart from

him Shri Jagannath Mahato also selected by the Interview

Board. He further said that the persons whose name is on

the top of the list would get the appointment in case of any

vacancy and altogether 15 persons were called for interview

including himself and Jagannath Mahato. Out of 9 selected

candidates whose names are above him would get

preference in the matter of appointment if any vacancy

occurs. He again stated that he has submitted documents

to show that he was engaged prior to 1986. The witness

concerned categorically denied the suggestion tendered

by the Management that he has not submitted any

document to show that his appointment as Loader was

prior to 1986; and that he was not employed by the Airlines,

so question of removal does not arise at all. He strongly

asserted that he worked as casual worker for such a long

period he should be given appointment.

The workman witness No.3, Basistha Sahani and the

workmen witness No.4, Jagannath Mahato made similar

statements that they were working as casual worker in

Indian Airlines in the year 1990 and 1982 respectively but

their services have not been regularized. Both the witnesses

stated that they appeared in the interview on 20.2.1986 for

appointment on permanent basis and altogether 15 persons

appeared before the Board out of these 15, 8 persons were

appointed as permanent workers as Loader but they were

not appointed. The Airlines Authority informed them that

another interview would be held after 2 months and on

expiry of two months they again approached the Duty

Officer who dispensed with their services and removed

them without any written order. The workmen witness No.3

also mentioned that after his removal from service the Indian

Airlines engaged another 2 new persons as Loader on

casual basis although he was told that no work is necessary

as Loader on enquiry. Thereafter they approached the

Labour Officer for settlement of their dispute but the Labour

Commissioner informed him vide Exhibit-5 that he was not

selected by the Indian Airlines in the interview. He also

said that he was again called and was engaged by the

Indian Airlines on daily basis to do the work of Loader and

the authority used to pay only half wages.

The workmen witness No.4 said that he has been

working as Loader on casual basis from the date of his

joining in the year 1982 till the date of his deposition without

any break and he was assured by the Management that he

would be appointed on regular basis within short time but

till then he was not appointed on permanent basis. He also

said that previously he was paid on monthly basis but

after this Reference was instituted he has been paying on

weekly basis and as casual labourer he got Rs.1300/- per

month but he would have been appointed as permanent he

would get Rs.2300/- per month. The said witness also

mentioned that he read upto class-IX in Bihar but his name

has not been enrolled in any Employment Exchange; and

out of 15 candidates along with him 3 persons have no

registration card till now but these 3 persons were appointed

on regular basis as Loader. He also mentioned that he is

entitled to permanent appointment as Loader because he

had put 8 years of service as casual laboures without any

break. The workmen witness No.3 in course of his cross-

examination said that he was residing in Guwahati for last

14 years and before that he had been residing at Patna from

where be passed his Matriculation in the year 1974. He

also said that he did not enroll his name with the Local

Employment Exchange. He also said that when he appeared

before the Interview Board he was certain that he would be

permanently appointed, but it is not possible to absorb all

the persons who appeared before the interview Board

against 8 vacancies. He also confirmed that the

appointment was made in order of merit. He also said that

he could not produce any paper to show as to how many

days he worked as casual workers nor could produce any

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5825

appointment letter issued by the Indian Airlines to the effect

that he was appointed as casual labourer during the period

of 1980 to 1986. The workman witnesses No. 4 in course of

his cross-examination stated that he hails from a village of

Motihari District in the State of Bihar and read upto Class-

IX. He also admitted that the order of Reference dated

4.1.89 made by the Central Government so far he is

concerned is not correct since he was never terminated

from service. He also said that he knew the persons who

were selected and appointed on the basis of the interview

and he has no grievance against those persons who were

selected and appointed on the basis of the interview in

which he also appeared but his grievance would have been

fulfilled if he be appointed and selected on the basis of the

interview. The workmen witness No.4 in reply to the

suggestion tendered by the Management denied the fact

that he did not work for 90 days only from the period from

May,1986 to May,1987; that he was not selected because

he did not perform well in the interview. The said witness

also mentioned that no appointment letter was issued in

his name by the Indian Airlines Authority and he has no

document to show that he worked continuously since 1982

till the date of his deposition.

7. The Management, on the other hand, examined

Mr. K.N.A. Koshic. the then Dy. Manager, Indian Airlines

as Management witness No.1. According to him there is

provision in the Rule for direct recruitment in the Airlines

service and the permanent Loaders are only recruited by

the Indian Airlines, however there is no provision for

appointment of casual labourers; and there are post of

Loader. He mentioned that erstwhile Grade- I & Grade-II

are now abolished and now the posts are reckoned by

designation. The post of Porter and Loader are same, the

post of Porter is filled by direct recruitment. The MW.l

further said that Kolkata is the Headquarter of Indian

Airlines where the Head of Personnel Department is located

for Eastern Region. Kolkata Head Office which conduct

the entire selection process for recruitment in order of

workmen category posts (now official category); and the

Station Manager of Guwahati Station has no power to

recruit any person. The Airlines constituted one Selection

Board for direct recruitment in which the names of the

representatives of concerned. Departments for which

selection is made become members of the said selection

committee including one member from Personnel

Department. He further stated that they are bound by the

Employment Exchange compulsory Notification of Vacancy

Act, 1959 and accordingly they notified the vacancy to the

concerned Employment Exchange for forwarding the names

of eligible candidates and as per Clause-9(c) of the

Recruitment and Promotion Rules marked as Exhibit-A

regarding approaching the Employment Exchange for filling

up of vacancy in Grade-I & Grade-II. i.e. posts of Porter or

Head Porter. They do not follow the above Rules in

corporated to 9(c), recruitment of casual employees. For

engagement of casual employees, Headquarters of Indian

Airlines is not consulted and the Station Manager can

engage casual employees depending upon the exigencies,

but the Station Manager has no power to absorb casual

labourer on permanent basis. He has proved of minutes of

discussions held on 13.1.1986 vide Exhibit- 2 and a letter

written by the Dy.Manager, Personnel service to the

Assistant Labour Commissioner (C), Guwahati dated

11.8.87 vide Exhibit-B, the letter written by the Dy. Manager,

Personnel service to the Assistant Labour Commissioner

(C), Guwahati on 16.9.87 vide Exhibit-C. He also said that

after interview was held and a panel was made in order of

merit and there is no provision for appointing one person

superseding another person who is higher up in the said

panel list. In course of his cross-examination the MW.1

said that on 20.2.86 interview was held for the post of Loader

but he could not say without consulting the record whether

15 persons including the present 4 persons (present

workmen) appeared in that interview or not. But from the

record he found that one panel of successful candidates

was prepared. He denied the suggestion tendered by the

adverse party that some of the candidates were appointed

from the said panel list superseding the present 4 workmen.

However, he admitted that from Exhibit-B he found that

Jagannath Mahato and Sunil Singh were empanelled in

that interview but he could not say whether these two

persons were considered to be successful candidates or

not; and as per Exhibit-B, Jagannath Mahato and Sunil

Singh were engaged by the Station Manager as casual

Loaders. It is further mentioned that as per Exhibit-2 the

representative of Indian Airlines stated before the Labour

Commissioner that none of these 4 employees has ever

been employed by the Indian Airlines, and the Station

Manager, Guwahati can say whether these 4 persons were

engaged as casual labourer or not. He also added that he

could not say anything on behalf of the Station Manager,

Guwahati as he has been engaged to depose in this Forum

pertaining to the question of Recruitment Policy of Indian

Airlines. He categorically denied the suggestion put

forward by the learned Advocate for the workmen that

Indian Airlines has withhold the evidence of Station

Manager, Guwahati because of the apprehension that he

would depose that these four persons were engaged as

casual labour at Guwahati or part.

8. After closing of hearing of both the sides this

Reference was fixed for argument and since then, the

workmen did not appear, hence, I have heard argument ex-

parte.

9. It may be mentioned here that the learned Presiding

Officer, State Industrial Tribunal, Guwahati vide his order

dated 25.10.91 allowed the workmen time till 12.12.91 to

move the Appropriate Authority for amendment to the

issued in question regarding specific mention of the alleged

date of removal/termination of service of the workmen

respectively. Again vide order dated 8. 7.94, the said Tribunal

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[PART II—SEC. 3(ii)]

referred the matter to the Central Government for

amendment to the issue but no action taken in this regard.

Subsequently, the Reference was transferred to this

Tribunal vide order dated 19.2.2011, which was received

by this Tribunal on 4.3.2011. After transfer of the Reference

to this Tribunal the workmen did neither take any step for

amendment nor they appear in spite of allowing them

sufficient opportunities. Ultimately, my Learned

Predecessor, on scrutiny of record, vide his order dated

10.2.2012 fixed this Reference for argument.

In course of argument Mr. R.N.Mazumder, learned

Senior Advocate assisted by Mr. A.K.Sarkar and

Mr. M.Mahanti, Learned Advocates for the Management

of Indian Airlines submitted that the undertakings of the

erstwhile Indian Airlines was transferred and vested in

Indian Airlines Ltd., a Company within the meaning of the

Air Corporations Act, 1956 with effect from 29th January,

1994, in terms of Section 3 of the Air Corporations (Transfer

of Undertakings and Repeal) Act, 1994. Lastly, due to

amalgamation made U/s 391-394 of the Company's Act,1956

the name of the Indian Airlines Ltd. has been changed as

Air India Ltd. with effect from 24.11.2010. The Learned

Advocate for the Management took the plea that at the

very outset some preliminary points were raised by the

Management, which had been incorporated in the written

statement which are as follows:—

(i)

The alleged industrial dispute having not been

sponsored and/or espoused by any union and

in absence of any mentioning in the order of

reference dated 4.1.1989 that the said reference

having been made under Section 2A of the

Industrial Dispute Act, 1947 the present

reference is not maintainable.

(ii)

The alleged dispute is not an industrial dispute

within the meaning of Section 2K of the Industrial

Dispute Act, 1947.

Learned Advocate, Mr. Mazumder pointed out that

the then Indian Airlines used to operate various flights in

different parts of the country as well as abroad and aviation

being a sophisticated industry being dependent upon many

external factors, of diverse nature, on some occasions,

variation in arrival and departure of the aircraft occurs and

apart from causing delays and disruption of flights towards

the stretching of time of total activities of the works at the

airport increases in normal work load due to the reasons as

aforesaid as well as absenteeism of regular employees the

Indian Airlines compel to engage casuals on need basis in

order to ensure smooth operation of flights, on rotation

from the persons whose names figured in a panel of casual

engagement and from others. He added that out of the 4

present workmen. 2, namely, Jagannath Mahato and Sunil

Singh were engaged as casuals as per records of the

Management which shows that the workman Jagannath

Mahato worked altogether 93 days from May,1996 to

May,1997 and Shri Sunil Singh worked 12 days as Loader

in the month of June,1987. He further mentioned that the

workman Jagannath Mahato is still in service as casual

labourer and the remaining 2 workmen Jogeswar Mandal

and Basistha Sahani were never engaged as casual labourer

by the Management as such, it is clear that none of the

employees have completed 240 days in any given year so

as to come within the purview of Section 25F of the

I.D. Act and to derive benefit thereunder in the event of

termination of service. He also mentioned that the

Management held and interview in February, 1986 for which

the candidates sponsored by the Employment Exchange

as well as recommended by the Assistant Labour

Commissioner (C), Guwahati were considered and the

workmen Sunil Singh and Jagannath Mahato were found

suitable while the workmen Jibeswar Mandal and Basistha

Sahani were found not suitable by the interview Board and

accordingly a panel was prepared which was prepared

including the names of Sunil Singh and Jagannath Mahato,

which was valid till February, 1988. But due to the expiry of

the above mentioned panel fresh panel being drawn up,

the claim of the alleged workmen does not have any basis

at all. He also referred the principle of law decided by the

various orders of the Apex Court that the casuals do not

have any guarantee towards the right of employment. In

this connection Mr. Mazumder has cited the decision in

U.P. Power Corporation Ltd. and another -v/s- Bijli Mazdoor

Sangh and others, reported in (2007) 5 SCC 755, wherein it

was held that there can not be a case for regularization

without there being employee-employer relationship;

Respondent having been engaged on daily wage and not

possessing the requisite qualification, held was not entitled

for regularization from any angle. He also relied on the case

of Indian Drugs & Pharmaceuticals Ltd. -v/s- Workmen,

Indian Drugs & Pharmaceuticals Ltd. reported in (2007) 1

SCC 408 wherein it was held that temporary employees,

who include casual, daily rated, ad hoc employees, etc.

have no right to the post nor to be continued in service,

nor to get absorption, far less of being regularized and

getting regular pay, nor can a direction be passed that a

temporary employee be continued till the age of

superannuation since there is no age of superannuation as

such employees have no right to the post at all. He also

cited the case of Dhampur Sugar Mills Ltd. -v/s- Bhola

Singh, reported in (2005) 2 SCC 470, wherein it was held

that when an workman is appointed in terms of a scheme of

daily wages, he does not derive any legal right to be

regularised in service; completion of 240 days of

continuous service in a year may not by itself be a ground

for directing regularization, particularly in a case when the

workman had not been appointed in accordance with the

extant rules. Mr. Mazumder also relied upon the case of

Secretary, State of Karnataka and Others -Vs- Umadevi (3)

and others reported in (2006) 4 SCC 1.

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5827

Learned Advocate for the Management again pointed

out that in pursuance to the direction given by the Prime

Minister of India in 1992 to effect 10% cut in the staff

strength across the Board, the Ministry of Civil Aviation,

has been consistently reviewing the status; and as per the

5th Pay Commission, 30% posts have to be abolished in

the next 10 years or 3% annually; resulted in reduction

30% in 10 years. It is also mentioned in his submission that

the Indian Airlines Ltd. was suffering losses from 1989-90,

for which Government of India constituted a Committee of

Experts in February,1995 which recommended two phased

strategy for revitalization of the Management and in the

light of the report submitted by the aforesaid Committee

the Management has initiated various measures for

containment and restructure of the existing manpower, to

curb absenteeism among employees, monitor and control

of overtime, casual employment, etc. for optimum utilization

of the existing manpower and also embark upon re-skilling

and redeployment. Accordingly the Management

progressively continue implementing various measures,

including the restructuring of its existing manpower.

Therefore, he submitted that the Management of the

Company should not be saddled with additional burden

by directing regularization and/or re-instatement of the

concerned workmen which may render futile the whole

process of revival of the Company.

10. The workmen relied upon the minutes of the

discussion held on 13.1.1986 in presence of the workmen,

the representatives of the Management and the Assistant

Labour Commissioner (C), Guwahati marked as Exhibit-2

wherein the Assistant Labour Commissioner requested the

Management to adjudge the suitability of the present

workmen along with the candidates sponsored by the

Employment Exchange as the workmen have also worked

with the Management, may be through a contractor. Besides,

the workmen have failed to produce any document

regarding their appointment, period of working, the date of

appointment and disengagement, in order to prove that

they had been working since 1982/1983/1986/1987

respectively. Even they have not been able to say the date

of their disengagement specifically. The copy of the

vouchers produced by the workmen vide Exhibit-4(A) &

4(B) shows that the workman Sunil Singh was paid the

remuneration in the form of a voucher for the period 12

days in the month of October, (year not mentioned) & for

12 days @ 6 hours per day excluding holidays in the month

of December (year not mentioned ).

11. From above discussion it has become crystal clear

that the workmen witnesses have not been able to establish

that they have completed 240 days of work in 12 consecutive

month and they were also found engaged purely on casual

basis. Nor the workmen were engaged against any regular

vacancy. The workmen have not been able to establish

that they were registered in any Employment Exchange

and their names were sponsored by the Employment

Exchange before the interview Authority although the

workmen witness No.1, Jibeswar Mandal in his evidence

mentioned that his name was registered in the Employment

Exchange but none of the workmen have been able to

produce any documentary evidence to the effect that they

were registered under the Employment Exchange. Further

the workman Jibeswar Mandal in course of his cross-

examination said that at the relevant time he was working

under Travel Agent of Indian Airlines and sometimes he

worked as casual labourer in Indian Airlines. But he has no

document to show that he is serving as casual labourer in

the Indian Airlines. All the workmen have failed to show

any document that they were engaged as Loader/Porter by

the Management. However it is found admitted by the

Management that the workman Jagannath Mahato worked

as casual worker as night Security Guard/Loader for 93

days only for the period with effect from May,1986 to

May,1987 while the workman Sunil Singh worked 12 days

only as Loader in the month of June,1987.

12. The allegation of the workman is that they were

illegally disengaged by the Management but it is to be

ascertained whether any rights has been accrued in favour

of the workmen for their protection against any termination/

disengagement by the Management. The workmen could

not mention the date of their termination by the

Management of Indian Airlines. In this regard in a catena

of cases the Hon'ble Supreme Court has decided that the

workman has to establish adducing materials to show that

he has worked for 240 days in 12 consecutive month in

order to clear the right. to claim for regularization as well as

to seek the protection of law u/s 25F of Industrial Dispute

Act. In this regard I am constrained to rely upon the decision

of the Hon'ble Supreme Court in Range Forest Officer -Vs-

S.T. Hadimani, (2002) 3 SCC 25; In Rajasthan State

Ganganagar Sugar Mill Ltd. -V/s-State of Rajasthan and

another (2004) 8 SCC 161; and in M.P. Electricity Board-vs-

Hariram, (2004) 8 SCC 246; and Batala Coop. Sugar Mills

Ltd. -vs- Sowaran Singh (2005) 8 SCC 481. In all these cases

the Hon'ble Supreme Court has been pleased to hold that

where the workman claimed that he had worked for more

than 240 days in the year preceding termination it is for the

workman to adduce evidence apart from examining himself

or filing Affidavit, to prove the said factum and such

evidence may be in the form of salary or wages for 240

days or record of his appointment or engagement for that

year to show that he had worked with the employer for 240

days. It is also found that the workmen were given

opportunity by the Management to appear before the

interview Board on 20.2.1986 for appointment to the post

of Loader on permanent basis but only the workmen namely

Jagannath Mahato and Sunil Singh were empanelled by

the Board but due to lapse of said panel consequent upon

the embergo imposed issuing direction to curtail the

strength of staff issued by the Government the workmen

5828

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

Jagannath Mahato and Sunil Singh were not appointed.

The plea of the Management found well established by the

Management witness No.1 since no rebuttal evidence in

this context is found on record. Hence, these two workers

were not appointed. From the evidence on record it is also

found admitted that the workmen Jagannath Mahato &

Sunil Singh are still in service under the management of

Airlines/ Air India Ltd. as admitted by them. Thus the

workmen have not acquired any right to be protected u/s

25F of the Industrial Dispute Act nor they claimed for

regularization.

13. Considering the facts and circumstances of the

case, the evidence of both the sides as discussed above

and having regard to the submission of learned Advocate

for the Management together with the decisions of the

Hon'ble Supreme Court as referred to above; it can safely

be concluded that the Management of Indian Airlines/Air

India Ltd. has not committed any irregularity or illegality in

terminating/disengaging the workmen who were purely on

casual basis. Accordingly it is held that the action of the

Management of Indian Airlines/Air India Ltd. in terminating

the services of workmen Sarbasri Jibeswar Mandal,

Jagannath Mahato, Sunil Singh and Basistha Sahani,

Security Guards/Loaders, from 1987, 1983, May1986 and

1982 respectively is justified and as such, the workmen are

not entitled to any relief as prayed for.

14. In the result, this Reference is disposed of without

granting any relief. Send the Award to Government

immediately as per procedure.

Given under my hand and seal of this Court on this

20th day of August, 2013.

L.C. DEY, Presiding Officer

ubZ fnYyh] 5 flrEcj] 2013

dkñvkñ 2158-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ fcjyk lu

ykbQ bU';ksjsal dañ fyñ] eqEcbZ ds izca/kra= ds lac) fu;kstdksa vkSj

muds deZdkjksa ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k p.Mhx<+ ds iapkV ¼lanHkZ la[;k

46@2010½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 31@07@2013

dks izkIr gqvk FkkA

[lañ ,y&17012@19@2009&vkbZvkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 5th September, 2013

S.O. 2158.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 46/2010)

of the Central Government Industrial Tribunal/Labour Court

Chandigarh now as shown in the Annexure in the Inustrial

Dispute between the employers in relation to the

management of M/s Birla Sun Life Insurance Co. Ltd.

Mumbai and their workman, which was received by the

Central Government on 31.07.2013.

[No. L-17012/19/2009-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri A.K. Rastogi, Presiding Officer

Case No. I.D. No. 46/2010

Registered on 13/7/2010

Sh. Satinder Singh, S/o Sh. Jaswant Singh, R/o

Mullanpur Garib Dass, Tehsil Kharar, Distt. Mohali.

.....Petitioner

Versus

1.

The Chief Executive Officer, M/s. Birla Sun Life

Insurance Company Ltd., (Head Office), Vaman

House, 6th Floor, Malkwana Road, Off. Andheri

Kurla Road, Andheri East Mumbai.

2.

The Branch Manager, Birla Sun Life Insurance

Co. Ltd., Ropar Punjab.

3.

The Zonal Manager (HR Deptt.), Birla Sun Life

Insurance Co. Ltd., SCO 149-150, Sector 9,

Madhya Marg, Chandigarh.

4.

The Regional Manager, Birla Sun Life Insurance

Co. Ltd., SCO 149-150, Sector 9, Madhya Marg,

Chandigarh.

5.

The Territory Manager, Birla Sun Life Insurance

Co. Ltd., Near Hotel Majestic, Phase IX, SAS

Nagar, (Mohali).

......Respondents

Appearances

For the Workman

Sh. Neelam Singh Adv.

For the Management

Sh. Punit M. Bansal Adv.

AWARD

Passed on 17.7.2013

Central Government vide Notification [No. L-17012/

19/2009-IR(M)], Dated 30.6.2010, 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 Sh. Satinder Singh, Agency Manager in

Birla Sun Life Insurance Company Ltd. Ropar is a

workman as defined under ID Act, 1947? If so, whether

the action of management of M/s Birla Sun Life

Insurance Company Ltd., in terminating the services

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5829

of Sh. Satinder Singh w.e.f. 9.7.2009 is justified? What

relief the workman concerned is entitled to an from

which date?"

As per claim statement the claimant had joined the

respondent as Agency Manager vide letter dated 10.9.2007.

He always worked with dedication, worked hard and

contributed handsome business to his employees. The

behaviour of respondent No. 2 the Branch Manager was

however arrogant and insulting towards the claimant. The

said respondent withheld the confirmation letter of the

claimant and did not allow him to mark his attendance since

9.7.2009 and noted before his name in attendance register

'service terminated'. According to the claimant his services

had been terminated in violation of Section 25F and 25H of

the Act. It has also been stated in the claim statement that

on the basis of false and fabricated resignation letter of the

claimant the management allegedly relived him on 9.2.2010.

According to the claim statement the termination of service

of the claimant is totally bad in law and against the principle

of natural justice as he had completed 240 days from

10.9.2007 to 9.7.2009.

The claim was contested by the respondents on the

ground that claimant is not a workman under the provisions

of the Act. The duties of the claimant were managerial in

nature, which included to promote management products,

to recruit advisors, train and guide them so as to obtain

maximum number of insurance policies and his role was

that of a friend, philosopher, manager and guide vis-a-vis

the advisors. The entire activities of the claimant being

Agency Manager were geared to promote the management

and he never did any work akin, to skilled, unskilled,

manual, technical, clerical, operational or supervisory work.

He was to do managerial and administrative work. He was

required to build his own team of advisors and/or agents.

He represented the management internally and externally

to the outsiders such as customers etc. and as such he

does not fall within the meaning of workman as defined in

Section 2(s) of the Act. On several occasions he had been

informed by the management to improve his performance

but he deliberately failed. He did not improve despite non-

performance notices dated 29.4.2009 and 11.5.2009 and

since there was a serious dereliction duty hence the

management terminated his services vide termination letter

dated 8.7.2009 and vide cheque dated 8.2.2010 cleared all

his dues. It has been further stated by the management

that the Company does not provide relieving letter in case

of termination, however on personal request of the claimant

and considering that his future career does not get

hampered, the management had issued a relieving letter

dated 9.2.2010 in favour of the claimant along his full and

final settlement cheque. In the said letter however the term

'resignation' was erroneously mentioned in place of the

'termination' and as a business courtesy he had been given

best wishes for his future endeavours. The claim of the

claimant being misconceived is liable to be dismissed.

A rejoinder was filed claimant to say that so-called

Agency Managers are not managers and are in fact

controlled by Managers. The management very tactfully

has given, the designation as Agency Manager just to

escape from the provision of the Act. All the managerial

and supervisory work is done by the Branch Manager and

not by the so-called Agency Managers who are exploited,

harassed at the maximum level on the pretext of targets and

shunted out at the will of the management/Branch Manager

as in the present case.

In evidence the claimant examined himself and

reliedon certain papers. The management after filing the

written statement did not appear and produce any witness

in evidence despite several opportunities given for the

purpose. Vide order dated 6.3.2012 the case was ordered to

proceed ex parte against management and the statement

of the claimant was recorded.

Written arguments were filed on behalf of claimant. I

went through the written argument of the claimant and the

evidence on record.

The written arguments of the claimant are generally

the reiteration of the statement of claim. The first and

foremost question for consideration in reference is whether

the claimant is a workman for the purpose of the Act. As

per Section 2(s) of the Act,

Workman "means any person (including

an apprentice) employed in any industry to do

any manual, unskilled, skilled, technical, operational,

clerical or supervisory work for higher or reward,

.............................................................................................

.....................................................................................................

.....................but it does not include any such person-

(i) ................................................................................................

(ii) ...............................................................................................

(iii) Who is employed mainly in a managerial or

administrative capacity, or ......................................................

.....................................................................................................

It may be mentioned that admittedly the claimant's

appointment was as an Agency Manager with the

respondents and the respondents have filed a copy of

appointment letter of the claimant as Annexure M2 of the

written statement. In Annexure C of the appointment letter

the functions and duties of an Agency Manager have been

mentioned. According to it, the Agency Manager shall

locate, identify and recruit suitably persons to be enlisted

as insurance agents for the company, who shall form a

team which shall work under the management and control

of the Agency Manager. He will retain and assist insurance

agents required by him or assigned to him by the company

in practical training to enable the agents to acquire

proficiency as per Agents' Regulations. He will manage the

agents working under him, help them in improving their

5830

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

selling skill and ensure that the agents under his control

procure business better than the minimum levels prescribed

by the company. He is further required to exhibit qualities

of leadership, managerial skills and inspire confidence in

the insurance agents.

It is also mentioned in the appointment letter

Annexure C that an Agency Manager will be attached with

one of the Sale Branch/Unit Offices of the company and

shall work under the direction and supervision of the Branch

Head or Center Head as applicable.

From the appointment letter it is clear that though

the Agency Manager is required to work under the

directions and supervision of the Branch Head or Center

Head as alleged by the claimant in his rejoinder, but it does

not change the nature of his duties. From the Annexure C

of the appointment letter it is clear that the job of an Area

Manager is that of a Manager. He cannot be regarded as a

workman under the Act.

There is nothing in the evidence of the claimant to

show that in fact the company was taking any manual,

unskilled, skilled, technical, operational, clerical or

supervisory work, instead of the work mentioned in his

appointment letter, from the claimant. I am, therefore, of the

view that the claimant was not a workman and since he was

not a workman hence the dispute referred is not an

industrial dispute. An industrial dispute, as per definition

given in Section 2(K) may be a dispute between the

employer and employer, employer and workman or between

workman and workman only. The reference is therefore

answered against the claimant. Hard and soft copies of the

award be sent to the Central Government for further

necessary action.

ASHOK KUMAR RASTOGI, Presiding Officer

ubZ fnYyh] 5 flrEcj] 2013

dkñvkñ 2159-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ fnYyh

bUVjus'kuy ,;jiksVZ fyfeVsM ,oe vkbZ lh ,l flLVe izkñ fyñ]

fnYyh ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k@Je U;k;ky;] fnYyh&1 ds iapkV ¼lanHkZ la[;k 77@2013½

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 2-9-2013 dks izkIr gqvk

FkkA

[lañ ,y&11012@3@2013&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 5th September, 2013

S.O. 2159.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 77/2013)

of the Central Government Industrial Tribunal/Labour

Court, Delhi-1 now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of M/s. Delhi International Airport Ltd. and

M/s. ICS System Pvt. Ltd., Delhi and their workman, which

was received by the Central Government on 2.9.2013.

[No. L-11012/3/2013-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

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

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL NO. 1, KARKARDOOMA

COURTS COMPLEX, DELHI

I.D. No. 77/2013

Shri Surinder Kumar Solanki S/o Sh. Ram Pal Solanki,

R/o VPO : Shahbad Mohamad Pur,

Near IGI Airport, Terminal II,

New Delhi-110061

...Workman

Versus

1.

M/s. Delhi International Airport Ltd.,

New Uddan Bhawan, Terminal-III,

IGI Airport, New Delhi-110037

2.

M/s. ICS System Pvt. Ltd.,

B-371, Third Floor, Mera Bagh,

New Delhi-110063

...Management

AWARD

In the year 2008, Airport Authority of India entered

into an agreement for operation, management and

development of Indira Gandhi International Airport, New

Delhi with M/s. Delhi International Airport Ltd. (in short

the management). On the strength of the agreement,

referred above, job of operation of passenger boarding

bridges (in short PBB) at Indira Gandhi International Airport

and domestic airport came within the purview of the

management. The management engaged M/s. ICS System

Ltd. (in short the contractor) for operation and maintenance

of PBB at IGI Airport as well as domestic airport at New

Delhi. The contractor employed 230 workers consisting of

clerks, executives and workmen of various categories.

Persons employed by the contractor formed their union

with the name of IGIA Aerobridge Workers Union (in short

the union). When the contractor came to know about

formation of the said union, it withheld photo identity cards

of Shri James Massey and Shri Praveen Sharma, President

and Vice President respectively of the union, with a view to

coerce and restrain the workers not to organize for the

purpose of collective bargaining. A complaint was made to

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5831

the Conciliation Officer on 02.12.2011 against the said unfair

labour practice, who entered into conciliation proceedings.

2. On 12.02.2012, an official of the management

misbehaved with the Vice President and two other active

workers of the union. It resulted into an alteration. The

management initiated action and did not allow the workers

to enter the premises of the Airport. The union served

strike notice on 14.03.2012. Again conciliation proceedings

were initiated, which failed on 30.03.2012. Workers

participated in the strike on 12.04.2012 and as such the

contractor dismissed 36 workmen from service. The union

raised an industrial dispute in that regard. On failure of

conciliation proceedings, the appropriate Government

referred the dispute to this Tribunal for adjudication, vide

order No. L-11011/7/2012-IR(M), New Delhi dated

30.01.2013, with following terms:

"Whether the action of the management of M/s. ICS

Systems Pvt. Ltd., New Delhi in dismising 36 workmen

(list enclosed) from service with effect from 10.05.2012

without holding any disciplinary proceedings and

further in violation of section 33(1)(b) of the Industrial

Disputes Act, 1947 is legal and justified? If not, what

relief the said workmen are entitled to?"

3. Industrial dispute, referred above, has been

registered as ID No. 23/2013 and claimant union filed its

claim statement on 13.03.2013. The management as well as

the contractor also filed their written statement, which were

followed by rejoinder. Thereafter, the matter is listed for

19.08.2013 for evidence of the parties.

4. During pendancy of the aforesaid dispute for

adjudication, the appropriate Government referred the

present dispute, vide order No. L-11012/3/2013-IR(M), New

Delhi dated 11.04.2013 with following terms:

"Whether the action of the management of ICS

System Pvt. Ltd. in dismissing the workman,

Shri Surinder Kumar Solanki S/o Shri Ram Pal Solanki

with effect from 10.05.2012 is legal and justified? What

relief the workman is entitled to?"

5. It would not be out of place to mention that the

name of Shri Surinder Kumar Solanki finds place at serial

No. 33 of the list annexed by the appropriate Government

along with industrial dispute, registered as ID No. 23/2013.

Thus, it emerges that during pendancy of ID No. 23/2013,

present dispute has been referred for adjudication on the

same proposition, which would be adjudicated in ID No.

23/2013.

6. I have heard the claimant as well as Shri Amit

Sharma, authorised representative of the management,

besides perusal of record of the aforesaid industrial dispute.

I have given my careful considerations to the arguments

advanced at the bar and cautiously perused the record.

My findings on issues involved in the controversy are as

follows:—

7. Powers of the appropriate Government, to make

reference of an industrial dispute, were considered by the

Apex Court in Secretary, India Tea Association [2000 (2)

LLN 25] and summarized as follows:

"1. The appropriate Government would not be

justified in making a reference under Section 10 of

the Act without satisfying itself on the facts and

circumstances brought, to its notice that an industrial

dispute exists or apprehended and if such a reference

is made it is desirable wherever possible, for the

government to indicate the nature of dispute in the

order of reference;

2. The order of the appropriate Government making a

reference under Section 10 of the Act is an

administrative order and not a judicial or quash-

judicial one and the Court, therefore, cannot canvass

the order of the reference closely to see if there was

any material before the Government to support its

conclusion, as if it was a judicial or quail-judicial

order;

3. An order made by the appropriate government

under Section 10 of the Act being an administrative

order no lis is involved, as such an order is made on

the subjective satisfaction of the Government;

4. If it appears from the reasons given that the

approrpiate Government took into account any

consideration irrelevant or foreign material, the Court

may in a given case consider the case for a writ of

mandamus and;

5. It would, however, be open to party to show that

what was referred by the Government was not an

industrial dispute within the meaning of the Act."

8. Appropriate Government has no power, either

express or implied, to cancel or withdraw a reference after it

has made order of reference. Order cancelling or

withdrawing or superseding the reference would therefore

be incompetent and invalid and would be liable to be struck

down being ultra vires the powers of the appropriate

Government under Industrial Disputes Act, 1947, (in short

the Act) ruled the Apex Court in D.N. Ganguly [1958 (2) LLJ

634)]. However, the appropriate Government under section

10 of the Act, has powers to add to or amplify the matter

already referred for adjudication. It has no power to

supersede the old reference in such a way as to effect

withdrawal of the reference validly made. Any amendment,

addition or modification which the Government can make

subsequent to the order of reference cannot go to the

length of superseding or withdrawing the original

reference.Though Government has power to rectify or

correct previous order of reference, under the guise of

amending or correcting the previous order of reference,

order of amendment or corrigendum tantamounting to

suppression of the previous order of reference, cannot be

5832

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

allowed to be made because such order would be ultra

vires the powers of the Government.

9. The appropriate Government can amend the

reference by way of addition or modification so long as

amendment does not have the effect of withdrawing or

superseding the reference already made. Cardinal principle

in determination of the question as to whether amendment

amounts to correction or clerical error or entertaining of

fresh material, is whether the relief claimed by the aggrieved

party in the original notification can be granted in the

proceedings which are to take place in pursuance of the

amended notification. Though the Government has

inherent powers to correct apparent errors in its reference

order, yet that does not mean that the Government has

power to review or articulate its earlier order of reference.

Reference can be made to the precedent in Modern Foundry

and Machine Systems Ltd. (1999 LLJ 1137).

10. In the light of legal principles, referred above, it

would be taken note of as to whether the present reference

order amounts to withdrawal of the reference order relating

to the dispute concerning the present claim. As pointed out

above, reference order, which has been registered as I.D.

No. 23/2013, requires this Tribunal to adjudicate as to

whether action of the management of ICS Systems Pvt. Ltd.

New Delhi, in dismissing the claimant (whose name is there

at serial No. 33 of the list of 36 workmen sent along with the

reference order) from service with effect from 10.05.2012

without holding any disciplinary proceedings and further in

violation of Section 33(1)(b) of the Act is legal and justified.

Thus, it is evident that in the earlier reference order, this

Tribunal is supposed to adjudicate as to whether dismissal

of the claimant by the Contractor without holding an enquiry

and in violation of provisions of section 33(1)(b) of the Act

is legal and justified. Question, so raised, encompasses the

legality and justifiability of the dismissal order, along with

question as to whether such action is violative of the

provisions of section 33(1)(b) of the Act.

11. In the reference order, under consideration, same

question has been projected by the appropriate

Government. Thus, it emerges that as far as present claim

is concerned, the appropriate Government attempts to

withdraw the earlier reference order and to substitute it

with the present reference order. It is not an act of amending

any clerical omission or adding some other question, which

was not earlier referred for adjudication. During pendancy

of the dispute, the appropriate Government has no power

to withdraw it from adjudication and to issue fresh reference

order on the very terms which were under consideration

with the Tribunal. Thus, it is evident that the subsequent

reference is ultra vires of the powers of the appropriate

Government.

12. In view of the above discussion, it is concluded

that appropriate Government was not competent to make

this reference order during pendency of the industrial

dispute registered as I.D. No. 23/2013. The reference order

is, therefore, discarded, since it cannot grant jurisdiction

to this Tribunal to adjudicate it. The Tribunal is seized of

I.D. No. 23/2013, which would be adjudicated in due course.

An award is, accordingly, passed. It be sent to the

appropriate Government for publication.

Dr. R. K. YADAV, Presiding Officer

ubZ fnYyh] 5 flrEcj] 2013

dkñvkñ 2160-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ fnYyh

bUVjus'kuy ,;jiksVZ fyfeVsM ,oe~ vkbZ lh ,l fllVe izkñ fyñ]

fnYyh ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèdj.k@Je U;k;ky;] fnYyh&1 ds iapkV ¼lanHkZ la[;k 75@2013½

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 2@9@2013 dks izkIr gqvk FkkA

[lañ ,y&11012@1@2013&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 5th September, 2013

S.O. 2160.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 75/2013)

of the Central Government Industrial Tribunal/Labour

Court, Delhi-1 now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of M/s. Delhi International Airport Ltd. &

M/s. ICS System Pvt. Ltd., Delhi and their workman, which

was received by the Central Government on 2/9/2013.

[No. L-11012/1/2013-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

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

CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1,

KARKARDOOMA COURTS COMPLEX,

DELHI

I.D. No. 75/2013

Shri Manish Saini, S/o Sh. Om Prakash Saini

R/o VPO : Shahbad Mohamad Pur,

Near IGI Airport, Terminal II,

New Delhi-110061

....Workman

Versus

1.

M/s. Delhi International Airport Ltd.,

New Uddan Bhawan, Terminal-III,

IGI Airport, New Delhi-110037

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5833

2.

M/s. ICS System Pvt. Ltd.,

B-371, Third Floor, Meera Bagh,

New Delhi-110063

....Management

AWARD

In the year 2008, Airport Authority of India entered

into an agreement for operation, management and

development of Indira Gandhi International Airport, New

Delhi with M/s. Delhi International Airport Ltd. (in short

the management). On the strength of the agreement,

referred above, job of operation of passenger boarding

bridges (in short PBB) at Indira Gandhi International Airport

and domestic airport came within the purview of the

management. The management engaged M/s. ICS System

Ltd. (in short the contractor) for operation and maintenance

of PBB at IGI Airport as well as domestic airport at New

Delhi. The contractor employed 230 workers consisting of

clerks, executives and workmen of various categories.

Persons employed by the contractor formed their union

with the name of IGIA Aerobridge Workers Union (in short

the union). When the contractor came to know about

formation of the said union, it withheld photo identity cards

of Shri James Massey and Shri Praveen Sharma, President

and Vice President respectively of the union, with a view to

coerce and restrain the workers not to organize for the

purpose of collective bargaining. A complaint was made to

the Conciliation Officer on 02.12.2011 against the said unfair

labour practice, who entered into conciliation proceedings.

2. On 12.02.2012, an official of the management

misbehaved with the Vice President and two other active

workers of the union. It resulted into an altercation. The

management initiated action and did not allow the workers

to enter the premises of the Airport. The union served

strike notice on 14.03.2012. Again conciliation proceedigs

were initiated, which failed on 30.03.2012. Workers

participated in the strike on 12.04.2012 and as such the

contractor dismissed 36 workmen from service. The union

raised an industrial dispute in that regard. On failure of

conciliation proceedings, the appropriate Government

referred the dispute to this Tribunal for adjudication, vide

order No. L-11011/7/2012-IR(M), New Delhi dated

30.01.2013, with following terms:

"Whether the action of the management of M/s. ICS

Systems Pvt. Ltd., New Delhi in dismising 36 workmen

(list enclosed) from service with effect from 10.05.2012

without holding any disciplinary proceedings and

further in violation of section 33(1)(b) of the Industrial

Disputes Act, 1947 is legal and justified? If not, what

relief the said workmen are entitled to?"

3. Industrial dispute, referred above, has been

registered as ID No. 23/2013 and claimant union filed its

claim statement on 13.03.2013. The management as well as

the contractor also filed their written statement, which were

followed by rejoinder. Thereafter, the matter is listed for

19.08.2013 for evidence of the parties.

4. During pendancy of the aforesaid dispute for

adjudication, the appropriate Government referred the

present dispute, vide order No. L-11012/1/2013-IR(M), New

Delhi dated 03.04.2013 with following terms:

"Whether the action of the management of ICS

System Pvt. Ltd. in dismissing the workman,

Shri Manish Saini, S/o Shri Om Prakash Saini, with

effect from 10.05.2012 is legal and justified? What

relief the workman is entitled to?"

5. It would not be out of place to mention that the

name of Shri Manish Saini finds place at serial No. 19 of the

list annexed by the appropriate Government along with

industrial dispute, registered as ID No. 23/2013. Thus, it

emerges that during pendancy of ID No. 23/2013, present

dispute has been referred for adjudication on the same

proposition, which would be adjudicated in ID No. 23/2013.

6. I have heard the claimant as well as Shri Amit

Sharma, authorised representative of the management,

besides perusal of record of the aforesaid industrial dispute.

I have given my careful considerations to the arguments

advanced at the bar and cautiously perused the record.

My findings on issues involved in the controversy are as

follows:—

7. Powers of the appropriate Government, to make

reference of an industrial dispute, were considered by the

Apex Court in Secretary, India Tea Association [2000 (2)

LLN 25] and summarized as follows:

"1. The appropriate Government would not be

justified in making a reference under Section 10 of

the Act without satisfying itself on the facts and

circumstances brought, to its notice that an industrial

dispute exists or apprehended and if such a reference

is made it is desirable wherever possible, for the

government to indicate the nature of dispute in the

order of reference;

2. The order of the appropriate Government making a

reference under Section 10 of the Act is an

administrative order and not a judicial or quasi-judicial

one and the Court, therefore, cannot canvass the

order of the reference closely to see if there was any

material before the Government to support its

conclusion, as if it was a judicial or quail-judicial

order;

3. An order made by the appropriate Government

under Section 10 of the Act being an administrative

order no lis is involved, as such an order is made on

the subjective satisfaction of the Government;

4. If it appears from the reasons given that the

approrpiate Government took into account any

5834

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

consideration irrelevant or foreign material, the Court

may in a given case consider the case for a writ of

mandamus and;

5. It would, however, be open to party to show that

what was referred by the Government was not an

industrial dispute within the meaning of the Act."

8. Appropriate Government has no power, either

express or implied, to cancel or withdraw a reference after it

has made order of reference. Order cancelling or

withdrawing or superseding the reference would therefore

be incompetent and invalid and would be liable to be struck

down being ultra vires the powers of the appropriate

Government under Industrial Disputes Act, 1947, (in short

the Act) ruled the Apex Court in D.N. Ganguly [1958 (2) LLJ

634]. However, the appropriate Government under section

10 of the Act, has powers to add to or amplify the matter

already referred for adjudication. It has no power to

supersede the old reference in such a way as to effect

withdrawal of the reference validly made. Any amendment,

addition or modification which the Government can make

subsequent to the order of reference cannot go to the

length of superseding or withdrawing the original

reference.Though Government has power to rectify or

correct previous order of reference, under the guise of

amending or correcting the previous order of reference,

order of amendment or corrigendum tantamounting to

suppression of the previous order of reference, cannot be

allowed to be made because such order would be ultra

vires the powers of the Government.

9. The appropriate Government can amend the

reference by way of addition or modification so long as

amendment does not have the effect of withdrawing or

superseding the reference already made. Cardinal principle

in determination of the question as to whether amendment

amounts to correction or clerical error or entertaining of

fresh material, is whether the relief claimed by the aggrieved

party in the original notification can be granted in the

proceedings which are to take place in pursuance of the

amended notification. Though the Government has

inherent powers to correct apparent errors in its reference

order, yet that does not mean that the Government has

power to review or articulate its earlier order of reference.

Reference can be made to the precedent in Modern Foundry

and Machine Systems Ltd. (1999 LLJ 1137).

10. In the light of legal principles, referred above, it

would be taken note of as to whether the present reference

order amounts to withdrawal of the reference order relating

to the dispute concerning the present claim. As pointed

out above, reference order, which has been registered as

I.D. No. 23/2013, requires this Tribunal to adjudicate as to

whether action of the management of ICS Systems Pvt.

Ltd. New Delhi, in dismissing the claimant (whose name is

there at Serial No. 19 of the list of 36 workmen sent along-

with the reference order) from service with effect from

10.05.2012 without holding any disciplinary proceedings

and further in violation of Section 33(1)(b) of the Act is

legal and justified. Thus, it is evident that in the earlier reference

order, this Tribunal is supposed to adjudicate as to whether

dismissal of the claimant by the Contractor without holding

an enquiry and in violation of provisions of section 33(1)(b)

of the Act is legal and justified. Question, so raised,

encompasses the legality and justifiability of the dismissal

order, alongwith question as to whether such action is violative

of the provisions of section 33(1)(b) of the Act.

11. In the reference order, under consideration, same

question has been projected by the appropriate

Government. Thus, it emerges that as far as present claim

is concerned, the appropriate Government attempts to

withdraw the earlier reference order and to substitute it

with the present reference order. It is not an act of amending

any clerical omission or adding some other question, which

was not earlier referred for adjudication. During pendancy

of the dispute, the appropriate Government has no power

to withdraw it from adjudication and to issue fresh reference

order on the very terms which were under consideration

with the Tribnal. Thus, it is evident that the subsequent

reference is ultra vires of the powers of the appropriate

Government.

12. In view of the above discussion, it is concluded

that appropriate Government was not competent to make

this reference order during pendency of the industrial

dispute registered as I.D. No. 23/2013. The reference order

is, therefore, discarded, since it cannot grant jurisdiction

to this Tribunal to adjudicate it. The Tribunal is seized of

I.D. No. 23/2013, which would be adjudicated in due course.

An award is, accordingly, passed. It be sent to the

appropriate Government for publication.

Dated : 26-7-2013

Dr. R.K. YADAV, Presiding Officer

ubZ fnYyh] 5 flrEcj] 2013

dkñvkñ 2161-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj eSllZ fgUnqLrku

iSVªksfy;e dkjiksjs'ku fyfeVsM] eqEcbZ ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k uañ 2] eqEcbZ ds iapkV ¼lanHkZ

la[;k 33@2003½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

31@07@2013 dks izkIr gqvk FkkA

[lañ ,y&30015@11@2003&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 5th September, 2013

S.O. 2161.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 33/2003)

of the Central Government Industrial Tribunal/Labour Court

No. 2, Mumbai now as shown in the Annexure in the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5835

Industrial Dispute between the employers in relation to the

management of Hindustan Petroleum Corporation Ltd.,

Mumbai and their workmen, which was received by the

Central Government on 31/07/2013.

[No. L-30015/11/2003 - IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT :

K.B. KATAKE, Presiding Officer

REFERENCE NO. CGIT-2/33 of 2003

EMPLOYERS IN RELATION TO THE MANAGEMENT

OF HINDUSTAN PETROLEUM CORPORATION LTD.

The General Manager

Hindustan Petroleum Corporation Ltd.

17, Jamshedji Tata Road

Churchgate

Mumbai-400 020

AND

THEIR WORKMEN.

Petroleum Employees Union

Tel Rasayan Bhavan

Tilak Road

Dadar (E)

Mumbai-400 014

APPEARANCES:

FOR THE EMPLOYER:

Mr. S.P. Dhulapkar, Advocate

FOR THE UNION

:

Mr. R.D. Bhat, Advocate

Mumbai, dated the 27th June, 2013

AWARD

The Government of India, Ministry of Labour &

Employment by its Order No. L-30015/11/2003-IR (M), dated

11.07.2003 in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947 have referred the

following industrial dispute to this Tribunal for

adjudication:

"1. Whether the contract between the Hindustan

Petroleum Corporation Ltd., and their contractor is a

sham and bogus one and is a camouflage to deprive

the workers of benefits available to permanent

workmen of HPCL?

2. Whether the workmen whose names are enlisted

at Ex-A & Ex-B hereto are the regular employees of the

HPCL and if yes, whether they are entitled to receive the

same pay scale and service conditions as to the pay scales

and service conditions applicable to the regular employees

employed by them?"

Ex-A

1. S/Shri Sakharam Bhiva Kasare

2. Ramesh Antu Kamble

3. Dayanand Chandrakant

4. Anil Sakharam Jadhav

5. Avinash Raghunath Kadam

6. Devidas Benu Thambe

7. Sadanand Vasant Dhotre

Ex-B

1. S/Shri Mahadev Ganu Sodaye

2. Mahendra Kisan Waghmare

3. Shankar G. Waghe

4. Mahadev B. Rawale

5. Ganpat L. Sonawane

6. Maruti Mahadev Jadhav

7. Ramchandra S. Chorge

8. Dattaram Bapardekar

9. Dinkar G. Sodaye

10. Ganpat G. Bharti

11. Appa Y. Londhe

12. Raju Mohite

13. Vasant P. Patankar

14. Gangaram Palsalker

15. Damodar S. Ghadshi

16. Vittal R. Dhuri

17. Yeshwant Bable

18. Tukaram S. Shinde

19. Janu G. Shedekar

20. Vishwas M. Jadhav

2. After receipt of the reference both the parties

were served with notice of the reference. The second party

union appeared through their legal representative and filed

their statement of claim at Ex-8. First party management

resisted the statement of claim of the union by filing their

written statement at Ex-12. Second party union led its

evidence and thereafter the matter was fixed for evidence

of management.

5836

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

3. Today, both the parties jointly filed application

(Ex-58) stating that the matter has been amicably settled as

per Memorandum of Settlement dated 06.06.2013 and

therefore prayed to pass an award in terms of the

Memorandum of understanding dated 06/06/2013.

Memorandum of Understanding dated 6/6/2013

arrived between the Management of Hindustan Petroleum

Corporation Ltd. and the 19 Contract workmen engaged

for house-keeping activities at GMO-West Zone, R & C

Building and Marketing Headquarters office at Hindustan

Bhavan

Present:

Representing management of Hindustan Petroleum

Corporation Ltd.

1. Shri R. Elango, Head-HR (MKTG)

2. Shri V.S. Bhirud DGM, HR, West Zone

3. Shri K.S. Shetty, Chief Manager-HR (ZC & DM) HB

4. Shri B.N. Rao, Sr. Manager-IR & UI Gmo/West Zone

5. Shri C.L. Devdhekar, Manager HR Admin (Mktg.) HB

6. Shri D. Mukherjee, Dy. Manager-IR, Corporate HQO

The Contract Workmen

1. Shri Mahadev Ganu Sodaye

2. Shri Mahendra Kisan Waghmare

3. Shri Maruti Mahadev Jadhav

4. Shri Ramchandra Shripat Chorage

5. Shri Appa Yadu Londhe

6. Shri Dattaram Keshav Bapardekar

7. Shri Dinkar Ganu Sodye

8. Shri Tukaram Shankar Shinde

9. Shri Damodar Sahadev Ghadshi

10. Shri Janu Ganu Shedekar

11. Shri Gangaram Poonaji Palsamkar

12. Shri Vasant Pandurang Patankar

13. Shri Vishwas Mahadev Jadhav

14. Shri Vithal Rama Dure

15. Shri Sakharam B. Kasare

16. Shri Dayanand Chandrakant Dhotre

17. Shri Anil Sakharam Jadhav

18. Shri Avinash Raghunath Kadam

19. Shri Sadanand V. Dhotre

TERMS AND CONDITIONS OF

THE SETTLEMENT

Applicability:

The terms of the settlement would be applicable to

the 14 contract workmen at Hindustan Bhavan, under WP

417 of 1997 and 5 contract workmen under the aforesaid

Writ Petition 175 of 1997 whose services are being continued

at the Corporation's establishment at R & C Bldg., and are

the signatories to the present settlement.

TERMS :

1. The Corporation has no employer-employee nexus

or relationship with the 19 contract workmen, who are

signatories to the present settlement and is thus not liable

under any law in any respect to provide work and payment

of any compensation to them. However, in order to amicably

resolve the present dispute expeditiously in the large

interest of all concerned, including the Corporation and

the 19 contract workmen represented through the Union,

in principle have agreed to continue the services of these

19 workmen through contractor(s) for performing the

contractual obligation at the Corporation's establishment at

West Zone Office at R & C Building and Marketing

Headquarters office, at Hindustan Bhavan till attaining the

age of their superannuation, save and except misconduct.

Petroleum Employees' Union as well as the 19 contract

workmen on whose behalf the union has espoused the case,

agree to withdraw their claim of regularization in connection

with the pending reference case CGIT-II 33 of 2003.

2. The Corporation after adhering to the purchase

procedures of the Corporation would appoint independent

contractors and agree to specify in the tender conditions

the mutual agreed terms for continuation of these 19

contract workmen under the respective contractors at its

establishment at West Zone Office and Marketing

Headquarters Office for performing the contractual

obligation of house-keeping till attaining the age of

superannuation. In the event of indiscipline or misbehaviour

or any misconduct committed by these 19 workmen, the

respective contractor engaged at the relevant point of time

would have the right to take disciplinary action including

discontinuation of these workmen after adhering to due

process of law.

3. It is agreed that the 19 contract workmen would be

paid an additional fixed allowance of Rs. 3,500 p.m. over

and above the applicable minimum wages payable in their

respective category. The applicable statutory payments

viz. EPF, ESIC, leave with wages etc. would be also payable

with regard to the aforesaid additional fixed allowance.

4. It is also mutually agreed that irrespective of the

contractor having their independent code under PF/ESIC,

the contribution in respect of these 19 workmen would be

deposited through the Corporation's separate code allotted

for the contract labourers engaged across Corporation's

locations.

5. It is agreed that upon attaining the age of

superannuation (60 years) the applicable gratuity would

be disbursed to the respective contract workmen for their

services through various contractors in the Corporations'

location. For the purpose of calculating gratuity, the date

of joining the services would be reckoned effective 1997

onwards (i.e. the date of filing of the writ petition before

the Mumbai High Court).

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5837

6. It is also agreed upon that consequent to the

additional fixed allowance of Rs. 3,500 p.m. the 19 contract

workmen would be entitled to receive applicable bonus

amount @ 8.33% of Rs. 3,500 (bonus ceiling limit for

calculation as applicable) irrespective of the fact that the

gross wages exceeds Rs. 10,000 per month.

7. The 19 contract workmen agree that in future no

dispute/claim/demand of whatsoever nature, monetary or

non-monetary shall be raised by them or through any other

Union espousing their cause before any court of law under

issue of permanency/regularisation in the services of the

Corporation.

8. The 19 contract workmen covered under the

present case shall not cite this settlement arrived at between

the parties under the present facts and circumstances of

the case in order to amicably resolve the matter, before any

competent court of law/tribunal/authority for seeking

wages and benefits at par with regular employees or

otherwise for present or in future at any stage.

9. It is agreed and understood by and between the

parties that the 19 contract workmen, to whom the benefit

of continuity as contract workmen under the respective

contractors at the Corporation's locations at West Zonal

Office and Marketing Headquarters Office had been

extended shall not resort to any agitation, stage

demonstration/coercive picketing or indulge in any other

act against the first party or its officers affecting the working

of the Corporation (first party) in support of their any or

alleged demands of permanency/regularisation in the

employment of the Corporation/parity of wages along with

regular workmen of the Corporation or whatsoever nature

and indeed no such demand shall hereinafter be made in

future.

10. It is further mutually agreed upon that the benefit

accruing out of the present settlement shall be binding and

in full and final settlement of all claims/demands of

whatsoever nature as may be conceived under any law

arising out of their engagement/non-engagement in the

establishment of the Corporation through the contractors

or otherwise.

This memorandum of understanding signed at

Mumbai on 6th day of June, 2013.

For and on behalf of HPCL

Sd/-

1. Shri R. Elango, Head-HR (MKTG)

Sd/-

2. Shri V.S. Bhirud DGM, HR, West Zone

Sd/-

3. Shri K.S. Shetty, Chief Manager-HR (ZC & DM) HB

Sd/-

4. Shri B.N. Rao, Sr. Manager-IR & UI GmO/West Zone

Sd/-

5. Shri C.L. Devdhekar, Manager-HR Admin (Mktg.) HB

Sd/-

6. Shri D. Mukherjee, Dy. Manager-IR, Corporate HQO

The contract workers

Signatures of all the workers mentioned below:

1. Shri Mahadev Ganu Sodaye

2. Shri Mahedra Kisan Waghmare

3. Shri Maruti Mahadev Jadhav

4. Shri Ramchandra Shripat Chorage

5. Shri Appa Yadu Londhe

6. Shri Dattaram Keshav Bapardekar

7. Shri Dinkar Ganu Sodye

8. Shri Tukaram Shankar Shinde

9. Shri Damodar Sahadev Ghadshi

10. Shri Janu Ganu Shedekar

11. Shri Gangaram Poonaji Palsamkar

12. Shri Vasant Pandurang Patankar

13. Shri Vishwas Mahadev Jadhav

14. Shri Vithal Rama Dure

15. Shri Sakharam B. Kasare

16. Shri Dayanand Chandrakant Dhotre

17. Shri Anil Sakharam Jadhav

18. Shri Avinash Raghunath Kadam

19. Shri Sadanand V. Dhotre

Witnesses

Sd/-

1. Shri D.N. Vidhate,

Vice-President, Petroleum Employees Union

Sd/-

2. Shri N.A. Khanvilkar,

Secretary General, Petroleum Employees Union.

4. Since the dispute is settled, I think it proper to

dispose of the reference in terms of the above settlement.

Hence the order:

ORDER

The reference is allowed in terms of the settlement.

Date: 27.06.2013

K.B. KATAKE, Presiding Officer

5838

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

ubZ fnYyh] 5 flrEcj] 2013

dkñvkñ 2162-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj eSllZ bafM;u

vk;y fyñ eqEcbZ ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa

ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k ,oa Je U;k;ky; 2] eqEcbZ ds iapkV ¼lanHkZ la[;k 8@2005½

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 3@8@2013 dks izkIr gqvk

FkkA

[lañ ,y&30011@50@2004&vkbZvkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 5th September, 2013

S.O. 2162.—In pursuance of Section 17 of the

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

Government hereby publishes the common award (Ref. No.

8/2005) of the Cent. Govt. Indus. Tribunal/Labour Court

No. 2, Mumbai now as shown in the Annexure in the

Industrial Dispute between the employees in relation to

the management of M/s. Indian Oil Ltd. Mumbai, and their

workmen, which was received by the Central Government

on 3/8/2013.

[No. L-30011/50/2004-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT :

K. B. KATAKE, Presiding Officer

REFERENCE NO. CGIT -2/8 of 2005

EMPLOYERS IN RELATION TO THE MANAGEMENT

OF INDIAN OIL CORPORATION LTD.

(1)

The Deputy General Manager (HR)

Indian Oil Corporation Ltd.

254-C, Dr. Annie Besant Road

Prabhadevi

Mumbai-400025.

(2)

The Proprietor

M/s. Rosemary & Thyme

38, BDD Building

Ground floor, No. 12,4

Worli, Mumbai - 400 018.

AND

THEIR WORKMEN

The Vice President

Sarva Shramik Sangh

Nilkant

In front of Dr. Bhadkamkar Hospital

Mahagiri

Thane 400601.

APPEARANCES:

For the Employer

:

Mr. R.V. Paranjpe,

Advocate.

For the Employer No. 2 :

Mr. Umesh Nabar,

Advocate.

For the Workmen

:

Mr. M.B. Anchan,

Advocate.

Mumbai, dated the 11th June, 2013

AWARD

1. The Government of India, Ministry of Labour &

Employment by its Order No. L-30011/50/2004 -IR (M) dated

06/10/2004 in exercise of the powers conferred by clause

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

the Industrial Disputes Act, 1947 have referred the

following industrial dispute to this Tribunal for

adjudication:

"Whether the action of the management of M/s.

Rosemary & Thyme and IOC Ltd. being principal

employer by not paying the wages for the period

from May, 2002 to 7/5/2003 to the workers is justified?

If not, to what relief these workers are entitled ?"

2. After receipt of the reference notices were issued

to both the parties. In response to the notice the second

party union filed its statement of claim at Ex-7. According

to the union the workmen under reference are the employees

of Canteen of the Indian Oil Corporation Ltd. They are

working in the said canteen since 1990. To avoid the

liabilities and to deny the workmen regular employment in

the said canteen, the Corporation had engaged the services

of several contractors. Lastly M/s. Rosemary and Thyme

was the contractor who failed to pay the wages of 23

workmen for the period 01/12/2002 to 19/07/2003. In the

order of reference by the Ministry period is wrongly

mentioned from May 2002 to 07/05/2003. The union has

written to the Labour Ministry to make the necessary

correction and to rectify the error in the order of reference.

The union has made several representations to the

Corporation and the contractors. However they did not

pay the wages to the workmen. Therefore they have raised

the dispute. As conciliation failed, on the report of ALC

(C), the Labour Ministry has sent the reference to this

Tribunal. The workers were getting pay about Rs. 4214

p.m. After deductions workman was entitled to get Rs. 3226

p.m. The union therefore prays for declaration that action

of the management and M/s. Rosemary & Thyme be

declared as not justified and also sought for direction to

them to pay the wages from 01/12/2002 to 19/07/2003 with

10% interest thereon from 01/07/2003 and also prays for

the cost of the proceeding.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5839

3. The first party no.1 resisted the statement of claim

vide its written statement at Ex-8. According to them these

workers are not the employees of first party no. 1 and they

are not liable to pay any such amount. The first party no. 1

had entered into an agreement with first party no. 2. By the

said agreement first party no. 2 agreed to run and conduct

Cafeteria for the Corporation in their premises with certain

equipment. It was also agreed to run the cafeteria for a

period of one year from 01/12/2002 to 30/11/2003. As per

the directions and status-quo order of Hon'ble High Court,

the first party no. 2 took the persons concerned under

reference on its roll. As per the terms of the agreement the

first party no. 2 has accepted the responsibility of payment

of wages to their staff employed for the purpose of running

canteen. The first party no. 1, Corporation is in any way

not liable or responsible for any payment to the employees

employed by the first party no. 2. The first party no. 2 had

also agreed to pay the wages as per the provisions of

Minimum Wages Act. In the circumstances, first party no.1

Corporation is not liable to pay the amount claimed by the

second party. In the notice, first party no. 2 has admitted

the liability and shown their willingness to pay the dues to

the workmen. It shows that first party no.2 has admitted

the liability to pay the wages. In the circumstances, first

party no.1 is not liable to pay any dues. It is further

contended that present reference is seized with arbitrator

therefore this reference is not tenable which is a parallel

proceeding. Therefore they pray that the reference be

dismissed with cost.

4. The first party no. 2 resisted the statement of claim

vide its written statement at Ex-15. According to them they

are running the canteen for the first party no.1. However

from 08/05/2003 they are not running the said canteen at

Worli. As per the agreement with the union they have paid

the wages to the workmen for the period from 02/12/2002 to

07/05/2003. The Union Sarva Shramik Sangh representing

the workmen in the canteen in their letter have clearly

mentioned that each workmen have received their dues

and there is nothing due and payable by the first party no.

2. They have also obtained receipts from each worker in

respect of payment of their wages. Nothing is due and

payable by the first party no. 2. Therefore they pray that

the reference be dismissed with cost.

5. Following are the issues framed at Ex-12 for my

determination. I record my findings thereon for the reasons

to follow:

Sl.

Issues

Findings

no.

1.

Whether the action of the

Yes.

management of M/s. Rosemary

& Thyme and IOC Ltd. in not

paying the wages for the period

from May 2002 to 7/5/2003 is

justified?

2. If not, what relief the workers

Does not

under reference are entitled to?

arise.

3. What order?

As per order

below.

REASONS

Issue No. 1:—

6. In this reference at the outset I would like to point

out that none of the parties have led any oral evidence. On

the other hand the first party no. 1 has raised the point in

their written statement at Ex-8 that the reference is pending

before Arbitrator for adjudication of the same point.

Therefore this reference in respect of the same issue is not

tenable. The first party no. 1 has also given an application

at Ex-10 and contended that the Arbitrator has passed the

award wherein it is held that first party no. 2 is primarily

liable to pay canteen workers' wages, therefore held that it

is liable to pay to the canteen workers their wages. In view

of these observations the first party submitted that the

dispute raised by the second party has become infructuous.

Therefore it is prayed that the reference be disposed of as

infructuous. The first party has given another application

at Ex-17 to dismiss the reference. According to them as per

the order of reference the wages are shown due from May

2002 to 07/05/2003 whereas in the statement of claim the

union has not claimed wages from May 2002. On the other

hand they have claimed wages from 01/12/2002. Further

more the first party no. 1 has disputed their liability saying

that the workmen are not their employees. On the other

hand they are employees of first party no. 2. The first party

no. 2 has accepted that the workmen under reference are

their employees. In the circumstances they pray that the

reference be dismissed against them.

7. In this respect I would like to refer the version of

the first party no.2 in their written statement at Ex-15

wherein they have contended that, the reference is in respect

of wages for the period from 02/12/2002 to 07/05/2003. They

further pointed out that the union Sarva Shramik Sangh in

its letter dated 02/12/2009 has admitted that, "After

protracted negotiations the contractor M/s. Rosemary &

Thyme paid the wages of the workmen for the period from

01/12/2001 to 06/05/2003." It almost covers the period under

reference. It is contended in the statement of claim that the

union has moved to the Government for correction of

period. However no such corrigendum was issued by the

Government. Furthermore the union has also not led any

evidence to show that these workmen did not receive their

payment of the period mentioned in the reference. No

workman has filed his affidavit to that effect. In the

circumstances I hold that the demand of the union is devoid

of merit and the reference deserves to be dismissed. Thus

the order:

5840

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

ORDER

Reference stands dismissed with no order as to cost.

Date: 11.06.2013

K.B. KATAKE, Presiding Officer

ubZ fnYyh] 5 flrEcj] 2013

dkñvkñ 2163-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj eSllZ foHkwfrxwMk

ekbal izkñ fyñ cSykjh ds izca/kra= ds lac) fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky; cSaxyksj ds iapkV

¼lanHkZ la[;k 1@2010 ,oa 2@2010½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 19-07-2013 dks izkIr gqvk FkkA

[lañ ,y&26012@5@2009&vkbZvkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 5th September, 2013

S.O. 2163.—In pursuance of Section 17 of the

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

Government hereby publishes the Common Award (Ref.

No. 01/2010 and 02/2010) of the Cent. Govt. Indus. Tribunal/

Labour Court Bangalore now as shown in the Annexure, in

the industrial dispute between the employers in relation to

the management of M/s Vibhutiguda Mines Pvt. Ltd. Bellary

and their workman, which was received by the Central

Government on 19.7.2013.

[No. L-26012/5/2009-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

BANGALORE

Dated: 25th April, 2013

PRESENT :

Shri S.N. Navalgund, Presiding Officer

CR No. 01/2010

I Party

II Party

Sh. A.R.M. Ismail,

The Managing Director,

General Secretary,

Vibhutiguda Mines (P) Ltd.,

Iron Ore Labour Union,

Modi Bhawan, 60/356A,

Saptgiri Complex, KC. Road,

Hospet Road, Alipur,

Bellary.

Bellary.

CR No. 02/2010

I Party

II Party

Sh. A.R.M. Ismail,

The Managing Director,

General Secretary,

Vibhutiguda Mines (P) Ltd.,

Iron Ore Labour Union,

Modi Bhawan, 60/356A,

Saptgiri Complex, KC. Road,

Hospet Road, Alipur,

Bellary.

Bellary.

Appearances :

I Party : Sh. Muralidhara, Advocate

II Party : Sh. M.M. Swamy, Advocate

ORDERS ON VALIDITY OF DOMESTIC ENQUIRY

1. In these two references by the Central Government

vide Order No. L-26012/5/2009-IR(M) dated 04.01.2010 in

the first one for adjudication as to

"Whether the action of management of Vibhutiguda

Mines (Private) Ltd., Bellary in terminating the

workman Shri A K Chowdhary is justified? To what

relief the workman is entitled?"

and vide Order No. L-26012/6/2009-IR(M) dated

04.01.2010 in the second one for adjudication as to

"Whether the action of management of Vibhutiguda

Mines (Pvt.) Ltd., Bellary in retrenching the workman

Shri Swamy Naik is justified? To what relief the

workman is entitled?"

since, it is contended by the II Party they conducted

enquiry in the case of Sh. Swamy Naik in C R 02/2010 and

relying on the observation of Enquiry Officer in his enquiry

finding in the same while issuing Show cause Notice to Sh.

A.K. Choudhary workmen in CR 01/2010 after receiving his

reply being not satisfied his services came to be terminated

and Sh. Swamy Naik workmen covered in CR 02/2010 was

retrenched and common arguments were addressed on the

Preliminary Issue touching the fairness of Domestic Enquiry,

I have taken up both these matters for disposal through

this common order on the Domestic Enquiry issue.

2. In both the cases the II Party counsel while filing

the affidavit of H Ramachandray General Manager

examining him oath as MW 1 got exhibited Ex M-1 to Ex M-

9 in C R 01/2010 and Ex M-1 to Ex M-14 in C R 02/2010 and

while filing the affidavit of Mahendranath, Enquiry Officer

examined him on oath as MW 2 and in C R 02/2010 got -

exhibited Ex M-15 to Ex M-30. Interalia, the I Party workmen

in both the cases while filing their affidavit examining them

on oath as WW 1 subjected themselves for cross-

examination. The detailed description of the documents

got exhibited by the II Party are narrated in the Annexure.

3. After closure of evidence of both the sides on

Preliminary Issue, the common arguments addressed by

learned advocate of both the sides were heard.

4. The learned advocate appearing for the I Party

while taking me through the Oral and Documentary

Evidence brought on record by the management urged

that Ex M-1 produced in C R 02/2010 claims to be a Show

Cause Notice and proceeded with the Domestic Enquiry

against him by appointing MW 2 as Enquiry Officer and it

is claimed as in that enquiry the I Party in CR 01/2010 gave

a statement he also having involved along with I Party in

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5841

CR 02/2010 in diverting two trucks bearing no. 1983 and

4285 with an intention of cheating the company after issuing

a Memo and Show Cause Notice and being not satisfied

with his reply he too has been Terminated from service,

there being no Charge Sheet issued by the II Party either

against Swamy Naik the I Party in C R 02/2010 or against A

K Chowdhary, I Party in C R 01/2010, it cannot be said that

a proper Domestic Enquiry has been conducted against

both of them and as the enquiry is proceeded without

serving any Charge Sheet on both of them the very initiation

of enquiry is bad and the punishment imposed against

both of them do not sustain and even this tribunal cannot

proceed to receive evidence in either of these case and

that they are entitle for reinstatement with full backwages,

continuity of service and all other consequential benefits.

The learned advocate in support of his arguments cited

the decision reported in 2004 I-LLJ-36 (HC)

Aswathanarayana GV vs. Central Bank of India by

Chairman, Bombay and other. Interalia, the learned

advocate appearing for the II Party urged that in the enquiry

conducted by MW 2, Defence Representative

having,cross-examined all witnesses examined for the

management and Swamy Naik, CSE examined himself and

thereafter affording opportunity to submit written

submission, enquiry finding being submitted by the Enquiry

Officer all fair and proper opportunities were given to Swamy

Naik and as in the same enquiry A K Chowdhary gave

statement copy of which is produced at Ex M-9 involving

himself in aiding Swamy Naik in diverting two truck loads of

Iron Ore, after issuing him show cause notice with the copy

of the Enquiry Finding since he did not give a proper reply

to escape from his liability the Disciplinary Authority having

retrenched Swamy Naik and Terminated the Services of A K

Chowdhary the I Party covered in CR 02/2010 and 01/2010

respectively, the enquiry be held as fair and proper.

5. On appreciation of the evidence placed on-record

by both the sides with the arguments addressed by their

learned advocates, my finding on Preliminary Issue in both

the references are in the Negative i.e., No Proper Domestic

Enquiry is held by the II Party against both of them and as

the Enquiry against I Party workman in C R 02/2010 was

proceeded without serving any Charge Sheet and the

observation of Enquiry Officer in his Enquiry Finding in

that Enquiry is based for Termination of the I Party workman

covered in C R 01/2010 there is no possibility of even calling

upon the II Party to substantiate the Charges against them

as urged on behalf of the workman covered in both the

references and they are entitle for reinstatement with full

backwages, continuity of service and all other benefits

that they would have received in the absence of the

impugned retrenchment and, termination orders with a

liberty to II Party to proceed afresh if they are so advised

after serving appropriate charge sheet on both of them for

the following reasons:

REASONS

6. It is borne out from the records relied upon by the

II Party that under the signature of authorised signatory of

VML, Mr. Swamy Naik the workman covered in C P 02/2010

was informed by letter dated 02.05.2008 that

"They have come to know that he has very much

involved in Iron Ore theft by two trucks bearing No.

1983 & 4285 as per the written statement of Weigh

Bridge Operators who are also equally responsible

and pending the enquiry, he has been suspended

from duty for three months and that he is permitted

to represent the facts and if found guilty,

management may dismiss him from the services with

immediate effect"

which document is got exhibited as Ex M-1. On his

reply dated 09.05.2008 which is produced at Ex M-2 stating

that he is surprised to receive the notice dated 02.05.2008

and that the alleged theft has not been done during his

working hours and that he is innocent, being not satisfied

with the" same the II Party issued him show cause notice

dated 20.05.2008 which is produced at Ex M-3 as under: .

"Please refer to our Suspension Notice dt: 2nd inst.

We have information that you are involved in

diverting two trucks bearing No. 1983 & 4285 with an

intention of cheating the company.

Show cause for the same with your written

explanation within seven days time in order to enable

us to take action in accordance with law. If your reply

do not reach us within the time stipulated, the

management has no option except to terminate you"

and then by the letter of Vice President

(Administration) of VML dated 17.06.2008 ARM Ismail,

General Secretary, Iron Ore labour Union was informed that

the Show Cause Notice sent to Sh. Swamy Naik involved

in diverting of two iron ore trucks for his personal gain

being returned as not available they write to inform him to

inform Sh. Swamy Naik to visit their office for Departmental

Enquiry and that they have appointed Sh. Mahendranath

as Enquiry Officer and he may come to their office on any

of-the working day from 1100 a.m. to 0200 p.m. On such a

intimation to the General Secretary, Iron Ore labour Union

it is claimed that MW 2 Enquiry Officer issued notice dated

25.06.2008"(Ex M-6) to Swamy Naik to submit his relevant

documents in three sets enabling him to start enquiry and

that within three four weeks time he may submit fact finding

report and that he claims that he received the statements of

Ayub Shaik, Veerana, Gouda and A K Choudhary witnesses

for the management and after cross-examination by the

Defence Representative A R M Ismail, he submitted the

enquiry finding produced at Ex M-7 as Swamy Naik is

involved in diversion of two trucks referred in the order

containing Iron Ore material in the early morning hours on

28th and 29th of April-2008 from the company premises

5842

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

without. proper documentation and on the basis of the

same the II Party while sending the copy of the Enquiry

Finding to Swamy Naik and A. K. Chowdhary who as a

witness alleged to have stated that he too is involved in

assisting Swamy Naik in diverting the trucks to show cause

and after receiving their replies passed the impugned order

retrenching Swamy Naik and Terminating A. K. Chowdhary

from Service. Thus, as urged on behalf of the I Party

workman the II Party proceeded with the Disciplinary

Enquiry against Swamy Naik appointing Mahendranath as

Enquiry Officer even without a Charge Sheet and on a

statement allegedly given by A. K. Chowdhary as witness

for management produced at Ex M-9 admitting that he

assisted Swamy Naik in diverting two trucks without valid

documents without holding any enquiry against him only

on a notice to show cause and his reply his services have

been terminated. Even it is borne out from the proceedings

of the enquiry produced at Ex M-19, M-20 and Ex M-21 in

C R 02/2010 a strange procedure has been followed by the

Enquiry Officer unknown to the principles of natural justice

i.e., receiving three written statements for the management

and asking the Defence Representative of workmen to

cross-examine them on such written statements and giving

his finding on such statements as witnesses not supported

by any documentary evidence. Therefore, I have arrived at

conclusion the management/II Party retrenched Swamy

Naik and Terminated A. K. Chowdhary without fair and

proper enquiry and as even they are not served with charge

sheet it is not possible in these references to receive the

evidence of II Party to substantiate the specific charges

against them and to proceed to give a finding on merit and

that they are entitle for Reinstatement with full backwages,

continuity of services and all other consequential benefits

that they would have received in the absence of the

impugned retrenchment and termination of service with

liberty to the II pary if they are so advised to serve

appropriate charge sheet and to hold fair and proper

Domestic Enquiry and to take appropriate action. In the

result, I pass the following Order: .

ORDER

The Preliminary issue raised in both the references

touching the fairness of the Domestic Enquiry are answered,

in the Negative i.e. the II Party without providing fair and

proper opportunity even without serving charge sheet

passed the impugned orders of Retrenchment and

Termination of Service of Swamy Naik and A. K. Chowdhary

respectively and that they are entitle for Reinstatement

with full backwages, Continuity of Service and all other

consequential benefits that they would have received in

the absence of their respective Retrenchment and

Termination of Service with liberty to the II Party if they are

so advised to serve appropriate charge sheet and to initiate

Domestic Enquiry and after receiving the enquiry finding

to pass appropriate orders following the requisite

procedure. The amount paid by the II party to the I Party

workman as terminal benefits may be adjusted from arrears

of backwages payable to them. This Order shall be , treated

as Award in both the references and shall be sent for

notification. The Original Order shall be sent kept in C R

01/2010 and its copy in C R 02/2010 for reference.

S. N. NAVALGUND, Presiding Officer

ANNEXURE—I

Witnesses examined in C R 01/2010:

M W I - Sh. H. Ramachandra, General Manager

MW 2 - Sh. D. Mahendranath, Enquiry Officer

WW l - Sh. A. K. Choudhary, CSE/I Party workman

Documents exhibited before this Tribunal on Domestic

Enquiry for II Party:

Ex M-1 - Letter dated 19.09.2008 addressed by Vice

President -Admn. of II party to I party

Ex M-2 - Reply of the I Party dated 24.09.2008 to Vice

President -Admn.

Ex M-3 - Letter dated 25.10.2008 addressed by Vice

President - Admn. of II party to I party

Ex M-4 - Letter dated 27.01.2009 addressed by II party to I

party regarding payment of terminal benefits

Ex M-5 - Copy of Cheque dated 30.01.2009 amounting Rs

40594.00 in favour of I party .

Ex M-6 - Copy of Acknowledgement

Ex M-7 - Enquiry finding dated 15.09.2008

Ex M-8 - Letter of I party dated 07.02.2009 to Sh K K

Bagaria, Agent for II party

Ex M-9 - Letter of I party dated 29.04.2008 to II Party.

Witnesses examined in C R 01/2010:

MW 1 -

Sh. H. Ramachandra, General Manager

MW 2 -

Sh. D. Mahendranath, Enquiry Officer

WW I -

Sh. Swamy Naik, CSE/I Party workman

Documents exhibited before this Tribunal on Domestic

Enquiry for II Party:

Ex M-1 - Letter dated 02.05.2008 addressed by II party to

I party

Ex M-2 - Reply of the I Party dated 09.05.2008 to II Party

Ex M-3 - Letter dated 20.05.2008 addressed by Vice-

Prisident - Admn. of II party to I party.

Ex M-4 - Letter dated 07.06.2008 addressed by II party to

I Party.

Ex M-5 - Letter dated 17.06.2008 addressed by Vice

President - Admn. of II party to Sh. ARM Ismail,

General Secretary, Iron Ore Labour Union

intimating resfusal of letter addressed to I Party.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5843

Ex M-6 - Letter of Enquiry Officer dated 25.06.2008 fixing

the date of enquiry

Ex M-7 - Enquiry finding dated 15.09.2008

Ex M-8 - Letter dated 19.09.2008 addressed to I party

forwarding copy of Enquiry Finding

Ex M-9 - Reply of I party dated 26.09.2008 to the letter

dated 19.09.2008

Ex M-10 - Letter 24.10.2008 addressed to I party to appear

on 31.10.2008 for personal hearing

Ex M-11 - Letter dated 31.10.2008 addressed to I party

Terminating his Services.

Ex M-12 - Letter dated 27.01.2009 intimating the I party

about his terminal benefits

Ex M-13 - Letter dated 27.01.2009 intimating the RLC(C),

Bellary about the terminal benefits paid to I Party.

Ex M-14 - Objection statement filed before RLC (C), Bellary

dated 17.01.2009.

Ex M-15 - Letter dated 17.06.2008 addressed by Vice

President -Admn. of II party to Sh. ARM Ismail,

General Secretary, Iron Ore Labour Union

intimating refusal of letter addressed to I Party

Ex M-16 - Complaint dated 01.05.2008 addressed from

Suraksha Security and Intelligence to II party

Ex M-17 - Deployment Chart

Ex M-18 - Enquriy Proceedings date 07.07.2008

Ex M-19 - Enquiry Proceedings dated 14.07.2008

Ex M-20 - Enquiry Proceedings dated 22.07.2008

Ex M-21 - Enquiry Proceedings dated 02.08.2008

Ex M-22 - Statement of Ayub Shaik, Weigh Bridge Operator

Ex M-23 - Statement of Veeranna Gouda, Weigh Bridge

Operator

Ex M-24 - Statement of A K Chowdary, Weigh Bridge

Operator

Ex M-25 - Enquiry Proceedings dated 05.08.2008

Ex M-26 - Cross-examination of CSE

Ex M-27 - Enquiry Proceedings dated 16.08.2008

Ex M-28 - Letter of Enquiry Officer dated 12.09.2008

addressed to Defence Representative intimating

the pronouncement of Order in respect of

Domestic Enquiry held against the CSE/I party

Ex M-29 - Letter of Enquiry Officer dated 15.09.2008

forwarding the copy of enquiry finding.

Ex M-30 - Enquiry report dated 15.09.2008

ubZ fnYyh] 5 flrEcj] 2013

dkñvkñ 2164-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj eSllZ dqnzeq[k

vk;ju vksj dñ eSaxyksj ds izca/kra= ds lac) fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky; cSaxyksj ds iapkV

¼lanHkZ la[;k 121@2007½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 19@07@2013 dks izkIr gqvk FkkA

[lañ ,y&26011@1@2007&vkbZvkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 5th September, 2013

S.O. 2164.—In pursuance of Section 17 of the

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

Government hereby publishes the common award (Ref. No.

121/2007) of the Central Government Industrial Tribunal/

Labour Court, Bangalore now as shown in the Annexure,

in the Industrial Dispute between the employers in relation

to the management of M/s Kudremukh Iron Ore Co.

Mangalore and their workman, which was received by the

Central Government on 19/07/2013.

[No. L-26011/1/2007-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

BANGALORE

DATED

:

24th June, 2013

PRESENT

:

Shri S.N. Navalgund, Presiding Officer

C R No. 121/2007

I Party

II Party

The General Secretary,

The Manager (P),

Kudremukh Shram Shakti

Kudremukh Iron Ore Company

Sanghatan, B-64,

Limited, Panambur,

Kudremukh Quarters,

Mangalore-575 010.

Kavoor,

Mangalore-575 015

APPEARANCES

I Party : Nil

II Party : Smt. K Subha Ananthi, Advocate

AWARD

The Central Government vide order No. L-26011/1/

2007-IR(M) dated 22.08.2007 in exercise of the power

conferred by clause (d) of sub-section (1) and sub-section

(2A) of Section 10 of the Industrial Disputes Act, 1947 (14

5844

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

of 1947) made this reference for adjudication with the

following schedule:

SCHEDULE

"Whether the action of the management of

Kudremukh Iron Ore Company Ltd., by way of

imposing punishment with deduction of one

increment of Sh. B M Vasudeva, Staff No. 1145,

Reporgraphic Operator Gr. I w.e.f. 20/12/2004 is just

and legal? If not, what relief the workmen is entitled

to?"

2. Though it was directed in the order of the reference

itself the parties raising the dispute shall file the statement

of claim complete with relevant documents, list of reliance

and witnesses with the Tribunal within fifteen days of the

receipt of this order of reference and also forward a copy of

such a statement to each one of the opposite parties

involved in this dispute under Rule 10(B) of the Industrial

Disputes (Central) Rules, 1957 and no compliance was made

as directed therein after receipt of the reference by this

tribunal while registering it in C R 121/2007 notices were

issued to both the sides with direction to the I Party to file

claim statement but inpsite of its service the I party raising

the dispute did not care to appear and file claim statement.

After service of second notice on the I party to appear and

file claim statement on 22.12.2010 since I Party did not

appear and file claim statement the matter was posted for II

Parties statement/Counter Statement. The learned advocate

appearing for the II party after availing several

adjournments on 19.06.2013 filed a Memo reporting that

workman involved in this reference Sh. B M Vasudev, Staff

No. 1145 expired on 12.10.2007 along with his Death

Certificate and submitted that inspite of service of notice

on the I Party it has not responded and filed claim statement

the reference do not survive for consideration. Agreeing

with the said submission on 19.06.2013 the proceedings

was closed.

3. Since the I Party did not care to appear and file

claim statement inspite of service of notice twice it appears

due to the death of the workman involved in this reference

they did not appear and file claim statement and under this

circumstance, I am of the opinion that reference is Abated.

Accordingly, I pass the following

ORDER

The reference is Rejected as Abated due to the death

of the workman covered in this reference on 12.10.2007.

S.N. NAVALGUND, Presiding Officer

ubZ fnYyh] 5 flrEcj] 2013

dkñvkñ 2165-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj eSllZ ,ñlhñlhñ

fyfeVsM oknh ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k ,oa Je U;k;ky;] cSaxyksj ds iapkV ¼lanHkZ la[;k 19@2012½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 19@07@2013 dks izkIr

gqvk FkkA

[lañ ,y&29011@10@2012&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 5th September, 2013

S.O. 2165.—In pursuance of Section 17 of the

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

Government hereby publishes the common award (Ref. No.

19/2012) of the Central Government Industrial Tribunal/

Labour Court, Bangalore now as shown in the Annexure,

in the Industrial Dispute between the employers in relation

to the management of M/s ACC Ltd. Wadi, and their

workman, which was received by the Central Government

on 19/07/2013.

[No. L-29011/10/2012-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIUBNAL-CUM-LABOUR COURT,

BANGALORE

DATED :

24th June, 2013

PRESENT :

Shri S. N. NAVALGUND, Presiding Officer

C R No. 19/2012

I Party

II Party

The President,

M/s. ACC Limited,

ACC Wadi Cement Works

Wadi,

Contract Labour Union (R),

Gulbarga District,

House No. 12/39, Bheem Nagar,

Karnataka.

WADI, Gulbarga.

APPEARANCES

I Party :

Nil

II Party :

Sh. B. C. Prabhakar, Advocate

AWARD

1. The Central Government vide order No. L-29011/

10/2012-IR(M) dated 08.06.2012 in exercise of the power

conferred by clause (d) of sub-section (1) and sub-section

(2A) of Section 10 of the Industrial Disputes Act, 1947 (14

of 1947) made this reference for adjudication with the

following schedule:

SCHEDULE

"Whether the charter of demands raised by the Union

vide their letter dated 16/1/2010 (copy enclosed)

against the management of M/s. ACC Ltd., Wadi is

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5845

legal and justified? What relief the workmen are

entitled to?"

2. It was for the I Party to file its statement justifying

its demands and in its absence this tribunal cannot give an

award in its favour as such the reference is liable to be

rejected.

3. Since in the decision relied on by the learned

advocate appearing for the II Party it is held in the absence

of the party raising the dispute failing to file its statement

and lead evidence justifying its claim no award can be

passed in favour of such party, while agreeing with the

submission made by the learned advocate appearing for

the II party on 24.06.2013 the proceedings came to be closed.

In view of the above the reference is liable for rejection for

failure of the party raising the dispute to appear and justify

its demands. In the result, I pass the following:

ORDER

The reference is rejected for failure of the I Party

raising the dispute to appear and justify its demand.

S.N. NAVALGUND, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2166-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj eSllZ mM+hlk

ekbfuax dkWjiksjs'ku fyñ] mM+hlk ds izca/kra= ds lac) fu;kstdksa vkSj

muds deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k] Hkqous'oj ds iapkV ¼lanHkZ la[;k

408@2001½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 31@07@2013

dks izkIr gqvk FkkA

[lañ ,y&29011@4@2001&vkbZvkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 12th September, 2013

S.O. 2166.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 408/

2001) of the Central Government Industrial Tribunal/Labour

Court, Bhubaneswar now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of M/s Orissa Mining Corporation Ltd. Orissa

and their workman, which was received by the Central

Government on 31/07/2013.

[No. L-29011/4/2001-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT,

BHUBANESWAR

PRESENT:

Shri J. Srivastava,

Presiding Officer, C.G.I. T.-cum-Labour Court,

Bhubaneswar.

INDUSTRIAL DISPUTE CASE NO. 408/2001

Date of Passing Award—4th July, 2013

Between:

The General Manager, Orissa Mining

Corporation Ltd., Po. Barbil, Keonjhar -769035

..........1st Party-Management.

(And)

Their workman represented through the

Keonjhar Mines Mazdoor Union,

Po. Guruda, Keonjhar -758 034.

..........2nd Party-Union.

Appearances:

M/s. B.K. Pattnaik,

For the 1st Party-

Advocate.

Management.

M/s. B.P. Tripathy &

For the 2nd Party-

Associates, Advocate.

Union.

AWARD

This reference has been sent up to this Tribunal for

adjudication of an industrial dispute existing between the

employers in relation to the management of Orissa Mining

Corporation Limited, the General Manager, P.O. Barbil, and

their workman by the Ministry of Labour, Government of

India vide its letter No. L-29011/4/2001-IR(M) dated

14.6.2001 in exercise of the powers conferred by clause (d)

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

the Industrial Disputes Act, 1947 with regard to the

following matter:—

"Whether the action of the management of Orissa

Mining Corporation Ltd., Barbil by not giving the

designation of Work Sarkar, Grade-II in class III post

from 14.9.87 though Shri Aparti Behera is being

engaged in the job of Work Sarkar from beginning is

justified? If not, what relief the workman is entitled

to?"

2. The General Secretary of the 2nd Party-Union

espousing the cause of the disputant workman has filed

statement of claim alleging that Shri Aparti Behera has been

working at S.G.B.K. Mines At./Po. Guruda, Dist. Keonjhar

under the administrative control of M/s. Orissa Mining

Corporation Limited since 18.6.1982 when the 1st Party-

Management has started the mining operation after taking

over the mines from ex-mine owner Md. Sirajuddin &

Company. The disputant workman was engaged to look

after the repair and maintenance work attached with civil

section though the designation of the workman was

5846

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

"Chowkidar" in B-Form. The workman has been performing

the duty of Work Sarkar which is a job of Class-III

employee. On the orders of the Hon'ble High Court of

Orissa passed in O.J.C. No. 1923/93 and the Industrial

Tribunal, Rourkela in I.D. case No. 7/97(C) [31/1990 (C)]

directed the Management to give fitment to 28 workmen as

per their nature of job. Accordingly 11 workmen out of 28

have been given designation of Work Sarkar, Grade-II by

the Management. All of them are working now with the

disputant workman.

3. As per direction of the Mines Management the

disputant workman was deputed as canteen supervisor for

few days. He was allotted specially to supervise the repair

and maintenance of quarters. He has never attended the

duty of security guard or chowkidar as per his designation

in B-Form. He was in-charge of canteen from 1982 to 1986

and was also deputed as canteen in-charge subsequently

vide office order dated 1.11.1994. The duty of canteen in-

charge is Grade- III job equal to Work Sarkar, Grade-II. At

the time of fitment in the cadre post in pursuance of the

order of the Hon'ble High Court the 1st Party-Management

did not consider the genuine grievance of the disputant

workman. He represented to the 1st Party-Management

several times to change his designation as Work Sarkar,

Grade-II in place of Security Guard and his pay scale as per

nature of duty. The Mines Management also recommended

the representations of the disputant workman so many

times. The disputant workman also possesses educational

qualification up to Class-IX. He has obtained technical

training from National Survey Training School in Tracer/

Amin and Work Sarkar. There is a difference of Rs. 670/-

per month in the salary of the disputant workman from the

salary of Work Sarker, Grade-II. He is entitled to get the

salary of Work Sarkar, Grade-II by re-designating him as

Work Sarkar, Grade-II. Thus the action of the management

in not giving the appropriate designation of Work Sarkar

with corresponding pay scale as per the nature of job

amounts to extreme arbitrariness of the Management and

exploitation and harassment of the disputant workman. As

such it has been prayed to give him designation of Work

Sarkar, Grade-II with corresponding pay scale as per the

nature of duty performed by the disputant workman with

effect from 14.9.1987.

4. The 1st Party-Management in its written statement

has submitted that the reference is not maintainable as no

person can claim a post as a matter of right unless he has

requisite qualification and successfully passed in the

recruitment test. The disputant workman does not possess

the requisite qualification and experience for the post of

Work Sarkar, Grade-II. He has never discharged the duties

of Work Sarkar. Hence the question of designation and

fitment in the post of Work Sarkar, Grade-II does not arise.

The minimum qualification required for the post of Work

Sarkar is matriculate with one year experience as Work

Sarkar and in the case of non-matriculate three years

experience as Work Sarkar is required and the post is to be

filled up by direct recruitment. The disputant workman at

the time of transfer of mines had worked as Chowkidar

under M/s. Sirajjudin and Company and continued as such

under the 1st Party-Management till his regularization in

the post of Security Guard with effect from 14.8.1987.

Accordingly the fitment was given to him in the post of

security guard. He has never worked in any capacity other

than the security guard. He was also not assigned any job

other than the job of security guard after regularization.

Pursuant to the orders of the Hon'ble High Court passed in

O.J.C. No. 1923 of 1993 and award given by the Industrial

Tribunal, Rourkela in I.D. Case No. 31/90 (C) the

Management on due consideration of the duties performed

by the disputant workman and his qualification etc. has

regularized him in the post of Security Guard with effect

from 14.9.1987. The disputant workman was never engaged

to look after the repair and maintenance work attached

with civil section. It is not correct to allege that the disputant

workman worked with 11 workmen designated and fitted

as Work Sarkar. The Management has never deputed the

disputant workman to work either as canteen supervisor or

supervisor of repair and maintenance of quarters. The

representations made by the disputant workman have

already been rejected. The present dispute suffers from

gross latches and negligence in as much as the same has

been raised after more than six years. The workman is not

entitled to get any relief.

5. The 2nd party-Union in its rejoinder has reiterated

that the disputant workman has been performing the duty

of Work Sarkar, Grade-II from 18.6.1982. At the time of

fitment he had already gained experience of five long years.

Recruitment Rules is applicable to new entrants not to the

workman who had already been working. He had never

attended the duty of security guard, but his services have

been regularized by the Management as security guard.

6. On the pleadings of the parties following issues

were framed.

ISSUES

1. Whether the reference is maintainable?

2. Whether the action of the Management of Orissa

Mining Corporation Ltd., Barbil by not giving the

designation of Work Sarkar, Grade-II in Class-III post from

14.9.1987 though Shri Aparti Behera is being engaged in

the job of Work Sarkar from beginning is justified?

3. If not, what relief the workman is entitled to?

7. On behalf of the 2nd Party-Union Shri Aparti

Behera, the disputant workman has been examined as W.W.-

l. On the other hand the 1st Party-Management has

examined Shri Subash Chandra Panda as M.W.-l and relied

upon three documents marked as Ext.-A to C.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5847

FINDINGS

ISSUE NO.1

8. This issue regarding maintainability of the

reference has been framed on the pleadings of the

Management that no person can claim a post as a matter of

right unless he has requisite qualification and passes the

recruitment test. In my view this pleading does not go to

the very root of the maintainability of the reference as it

only specifies that a person can be appointed to a post

only on having requisite qualification for that post and

gets through in the recruitment test. This is to be decided

from the evidence of the parties and does not uproot the

case itself. Taking a uprighteous approach to the facts and

pleadings of the parties it would be undoubtedly held that

the reference is maintainable. As such this issue is decided

in the affirmative.

ISSUE NO. 2

9. The 2nd Party-Union on behalf of the disputant

workman has claimed the status and fitment of Work Sarkar,

Grade-II in Class-III post from 14.9.1987 to the disputant

workman because of being engaged in the job of Work

Sarkar from the beginning. Hence the burden to prove this

issue lies on the 2nd Party-Union. But there is only oral

evidence of the disputant workman Shri Aparti Behera in

support of this contentious issue in which he has stated

that he was working as canteen supervisor under the

erstwhile M/s. Sirajuddin and Company before taking over

the mines by the Orissa Mining Corporation. After taking

over the mines by the Orissa Mining Corporation he was

fitted against the post of Canteen Supervisor and worked

in the same capacity till 1985. Thereafter, he was posted as

Supervisor to look after the civil and maintenance work till

1994. He was again posted as canteen supervisor.

Thereafter in the year 1994 he was also asked to supervise

civil work which he did till 1998. Because of work pressure

in the year 1999 on his request he was posted as a

Supervisor to look after the work of workmen engaged in

the Mines and till date he is working in the same capacity.

But the Management is not paying him the salary of Work

Sarkar. The posts of supervisor and Work Sarkar are at par.

10. The 2nd party-Union has also filed certain

documents, but those documents have not been proved

and exhibited in evidence. On throwing a glance on these

documents a letter dated 27.10.1994 has come across in

which Shri R.N. Mohanty was directed by the Management

to hand-over the charge to Shri Aparti Behera attached to

civil section who will also remain in charge of canteen until

further order. There are also copies of representations and

letters of recommendations in which request for

consideration of the case of Shri Aparti Behera for the post

of Work Sarkar was made, but these documents cannot be

read in evidence as they have not been proved and

exhibited by any witness conversant with the facts of this

case. The 2nd Party-Union or the disputant workman has

also not filed any documentary evidence to show that the

Management has ever posted him as canteen supervisor

or supervisor to look after the work of workman engaged in

the mines.

11. On the other hand, the Management Witness

No.1 Shri Subash Chandra Panda has stated in his evidence

that Shri Aparti Behera had worked with M/s. Sirajuddin

and Company, the erstwhile management as Chowkidar.

On 18.6.1982 the Orissa Mining Corporation Limited had

taken over the Management of M/s. Sirajuddin and

Company. The disputant workman was regularized in the

post of Security Guard in the year 1987 as he did not

possess necessary qualification for the post of Work Sarkar.

In the erstwhile Management the disputant workman was

working as Chowkidar. He has denied the fact that the

disputant workman was ever given the duty of Work Sarkar,

Grade-lI. He has also denied the fact that sometimes the

disputant workman was given the duty of canteen in-charge

which is equivalent to the post of Work Sarkar. It may be a

fact that the designation of the disputant workman has

been shown in B-Form as Chowkidar/Security Guard, but it

has not been shown what work was being taken from him

by the Orissa Mining Corporation? However, this fact has

to be proved by the 2nd Party-Union that he was doing the

job of Supervisor of canteen or civil work or supervisor of

works done by the workmen in the mines. But except his

oral evidence no documentary evidence has been filed to

prove upto the hilt that he had worked in the capacity of a

Supervisor or Work Sarkar continuously for three years or

to certain period with gaps making it for a total period of

three years. As per Ext.-A, the relevant extract of

Recruitment Rules necessary qualification and experience

for Work Sarkar, Grade-II has been prescribed as matriculate

with one year experience as Work Sarkar and in case of

non-matriculate three years experience is necessary. It is

not disputed that the disputant workman is a non-

matriculate and in his case three years experience as work

Sarkar is required which he failed to establish in the case.

There is no reliable evidence to hold that Shri Aparti Behera,

the disputant workman is being engaged in the job of Work

Sarkar from the beginning. Hence the action of the

management of Orissa Mining Corporation Limited, Barbil

in not giving him the designation of Work Sarkar, Grade-II,

Class-III post from 14.9.1987 is justified. This issue is

decided against the 2nd Party-Union.

ISSUE NO. 3

12. For the aforesaid conclusions the disputant

workman is not entitled to any relief claimed for.

13. The reference is answered accordingly.

J. SRIVASTAVA, Presiding Officer.

5848

THE GAZETTE OF INDIA : OCTOBER 5, 2013/ASVINA 13, 1935

[PART II—SEC. 3(ii)]

ubZ fnYyh] 12 flrEcj] 2013

dkñvkñ 2167-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj eSllZ ,Q lh

vkbZ ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèdj.k@Je U;k;ky; uañ 1] /kuckn ds iapkV ¼dEiysaV la[;k

1@2012] 2@2012] 1@2013] 2@2013] 3@2013] 4@2013] 5@2013 vkSj

7@2013½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 12@09@2013

dks izkIr gqvk FkkA

[lañ ,y&22013@1@2013&vkbZvkj ¼lh&II½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 12th September, 2013

S.O. 2167.—In pursuance of Section 17 of the

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

Government hereby publishes the award of the Cent. Govt.

Industrial Tribunal-cum-Labour Court No. 1, Dhanbad

(Complaint No. 1/2012, 2/2012, 1/2013, 2/2013, 3/2013,

4/2013, 5/2013 and 7/2013) as shown in the industrial

Dispute between the employers in relation to the

management of FCI and their workmen, which was received

by the Central Government on 12/09/2013.

[No. L-22013/1/2013-IR(C-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 1), DHANBAD

IN THE MATTER OF A COMPLAINT U/S 33 (A) OF

I.D. ACT, 1947.

COMPLAINT NO. l/2012

Arising out of Ref. 138/97

Kumar Madan Mohan Asstt. Grade-I (Depot)

Distt Office, Firdaous Building, Exhibition Road, Patna

.....Complainant

Vs.

Executive Director, Food Corporation of India, East Zone,

10A Middleton Row, Kolkata-7l

.....Opp. Party

COMPLAINT NO. 2/2012

Arising out of Ref. 138/97

Kamal Singh Asstt. Grade I (Depot) F.C.I

.....Complainant

Vs.

General Manager, Food Corporation of India

Arunachal Building 3 and 4th Floor, Exhibition Road,

Patna-1

.....Opp. Party

COMPLAINT NO. 1/2013

Arising out of Ref. 138/97

1. Agendra Nath Dubey, Ex-AG-I(D) Food Corporation of

India

2. Asif Ali, Ex-AG-I(D) Food Corporation of India

.....Complaint

Vs.

General Manager, Food Corporation of India, Arunachal

Building, Exhibition Road, Patna

.....Opp. Party

COMPLAINT NO. 2/2013

Arising out of Ref.138/97

1. Garib Das , Ex AG.-I (D) Food Corporation of India

2. Ram Saran Mandal ,Ex AG-I (D) FCI, FSD Saharsa

.....Complainant

Vs.

The General Manager, Food Corporation of India,

Arunachal Building, Exhibition Road, Patna

.....Opp. Party.

COMPLAINT NO. 3/2013

Arising out of Ref. 138/97

Upendra Prasad, Ex-AG-I(D) Food Corporation of India

.....Complainant

Vs.

The Executive Director, Food Corporation of India

Zonal Office, 10 A Middleton Row, Kolkata-71

............Opp. Party

COMPLAINT NO. 4/2013

Arising out of Ref. 138/97

Jai Hind Prasad Ex-AG.-1 (D) Food Corporation of India

.....Complainant

Vs.

The Executive Director, Food Corporation of India

Zonal Office, 10 A Middleton Row, Kolkata-71

.....Opp. Party

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % vDrwcj 5] 2013@vkf'ou 13] 1935

5849

COMPLAINT NO. 5/2013

Arising out of Ref. 138/97

Mishri Hembrum Ex-Manager,

(Depot) FSD Phulwarisarif, Patna

.....Complainant

Vs.

The Executive Director, Food Corporation of India

East Zonal,10 A Middleton Row, Kolkata-71

.....Opp. Party

COMPLAINT NO. 7/2013

Arising out of Ref. 138/97

Uma Kant Jha, Ex Manager (D) Food Corporation of India,

.....Complainant

Vs.

The Executive Director, Food Corporation of India

Zonal Office, 10 A Middleton Row, Kolkata-71

.....Opp. Party

Present: Sri Ranjan Kumar Saran, Presiding officer

Appearances:

For Complainant :

Sri Vijayendra Kumar, Zonal President FCIESU

For Opp. Party (Zonal Office Kolkata):

Sri Avinash Kumar ,Dy. G.M. Legal

For Opp. Party (Distt. Office, Patna):

Sri Anshu Sharma, AGM (Vig) FCI (R.O.)

State : Jharkhand

Industry : Food

Dated 12/8/2013

AWARD

1. These all complaints under section 33 A of the

Industrial Disputes Act, 1947, submitted by Sri Vijayendra

Kumar, Zonal President, FCIESU, under the authority of

the complainants, on behalf of the aforesaid complainant

(workmen).

2. All Complaint cases are similar in nature and all are

arising out of Ref. case no. 138 of 1997, hence all are heard

jointly. A common award passed as hereunder.

3. The dismissed employees hereinafter called as

complaint filed application U/S 33(2) praying to declare the

action of the management illegal.

4. The case of the workmen is that a dispute of the

present group of workmen along with others is pending

before this Tribunal for disposal. But during the pendency

of the dispute the management on flimsy allegations,

dismissed the workmen without proper enquiry in violation

of Sec. 33 (2) of the I.D. Act.

5. On the other hand, the case of the management is

the present workmen were not the workmen concerned of

that dispute and as such as management they are at liberty

to initiate disciplinary action against the workman for lapses

and can take any action as per their by laws.

6. The learned workmen representative submitted that

dispute relating payment of overtime of all the employees

pending before this Tribunal bearing Ref. No. 138/97. But

the management representative submitted that for serious

lapses, management have to take stringent action. That is

true but as per U/S 33(2), the management ought to have

obtained approval from Tribunal to justify their action and

must pay one month salary after dismissal. It is not clear

from the pleadings of the Opp. Party. Whether one month

salary has been paid to the dismissed workman or not. But

whatever it may be a dispute concerning all the workman

of F.C.I, is pending before this Tribunal for disposal.

7. Asking for approval of the Tribunal, relating to

action of management would not belittle the dignity of the

management. The Hon'ble Apex Court in clear tone has

observed, while a dispute whatever sort that may be

pending before the Tribunal approval must be obtained

from the Tribunal to justify its action and a decision to that

effect reported in A.I.R 2002 SC 643(i) for deciding the

present case, this Tribunal do not want to comment on the

Reference case no. 138/97 proceeding against the workman

which is yet to be decided.

8. Considering the facts and circumstances of all the

cases, I hold that the action of the management is illegal

and not justified. Hence the workman be treated as workman

in continuous service from the date of their dismissal by

the Opp. Party. Accordingly in the result the complaint is

allowed and action of the management held to be illegal.

This is my Award.

R.K. SARAN, 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.