Hkkjh m|ksx vkSj yksd m|e ea=ky;

¼Hkkjh m|ksx foHkkx½

ubZ fnYyh] 12 uoEcj] 2013

dkñvkñ 1-—lkoZtfud ifjlj ¼vukfèd`r n[kydkjksa dh

csn[kyh½ vfèfu;e] 1971 ¼1971 dk 40½ dh èkjk 3 }kjk iznÙk

'kfDr;ksa dk mi;ksx djrs gq,] bl foHkkx }kjk Qkby

la- 1¼12½@2008&ihbZ&II fnukad 30-10-2009 ds rgr tkjh dh xbZ

vfèlwpuk ds Øe esa dsUnz ljdkj ,rn~}kjk lEink vfèdkjh

¼Jh gfj 'kadj pV~Vksik/;k;] dkfeZd vkSj Vkmuf'ki vfèdkjh] LVkQ

lañ 5566] #iukjk;.kiqj bdkbZ] fgUnqLrku dscYl fyfeVsM]

dksydkrk] fQygky fgUnqLrku dscYl fyfeVsM] #iukjk;.kiqj bdkbZ

Vkmuf'ki ds ifjljksa ds lkFk&lkFk ,plh,y] {ks=h; dk;kZy;]

dksydkrk ds ifjljksa ds fy, lEink vfèdkjh ds :i esa dk;Zjr½

ds {ks=kfèdkj dh lhek dks fuEufyf[kr ifjljksa ds fy, c<+krh gS%—

(i) 315] tksèiqj ikdZ] dksydkrk&700068 fLFkr ifjlj

(ii) xksYQ fyad vikVZesaV~l] 50 paMhyrk ysu] dksydkrk&

700040 fLFkr pkj ¶ysV ¼¶ysV lañ ts&vksñ] bZ&1] bZ&2

vkSj ,y&2½

(iii) e'khu Vwy oDlZ] ihñvksñ ujsUnziqj] dksydkrk&700103

[la- 1¼12½@2008&ihbZ&II]

,y- lh- jke] voj lfpo

MINISTRY OF HEAVY INDUSTRIES AND PUBLIC

ENTERPRISES

(Department of Heavy Industry)

New Delhi, the 12th November, 2013

S.O. 1.—In exercise of the powers conferred by

section 3 of the Public Premises (Eviction of Unauthorised

Occupants) Act, 1971 (40 of 1971), the Central Government

in continuation of this Department's Notification issued

under F. No. 1(12)/2008-PE-II dated 30.10.2009, hereby

extends the limit of Jurisdiction of the Estate Officer

(Shri Hari Shankar Chattopadhyay, Personnel & Township

Officer, Staff No. 5566, Rupnarainpur Unit, Hindustan

Cables Limited, Kolkata, presently working as Estate Officer

for premises of Hindustan Cables Limited, Rupnarainpur

Unit Township as well as premises of HCL, Regional Office,

Kolkata) for the following premises:—

(i) Premises at 315, Jodhpur Park, Kolkata-700068.

(ii) 4 flats at Golf Link Apartments, 50 Chanditala Lane,

Kolkata -700040 (Flat Nos. J-O, E-1, E-2 & L-2).

(iii) Machine Tool Works, P.O. Narendrapur, Kolkata-

700103.

[No. 1(12)/2008-PE-II]

L. C. RAM, Under 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- 1]

ubZ fnYyh, fnlEcj 29] 2013—tuojh 4] 2014] 'kfuokj@ikS"k 8—ikS"k 14] 1935

No. 1]

NEW DELHI, DECEMBER 29, 2013—JANUARY 4, 2014, SATURDAY/PAUSA 8—PAUSA 14, 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)

5362 GI/2013

(1)

2

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

dks;yk ea=ky;

vkns'k

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 2-—dks;yk èkjd {ks= ¼vtZu vkSj fodkl½

vfèfu;e] 1957 ¼1957 dk 20½ ¼ftls blesa blds i'pkr~ mDr

vfèfu;e dgk x;k gS½ dh èkjk 9 dh mièkjk ¼1½ ds v/fku tkjh

Hkkjr ljdkj ds dks;yk ea=ky; dh vfèlwpuk la[;kad dkñvkñ

497 ¼v½] rkjh[k 28 Qjojh] 2013] tks Hkkjr ds jkti=] vlkèkj.k]

Hkkx II, [kaM 3] mi[kaM (ii), rkjh[k 1 ekpZ] 2013 esa izdkf'kr gksus ij

mDr vfèlwpuk ls layXu vuqlwph esa of.kZr Hkwfe vkSj ,slh Hkwfe esa ;k

ml ij ds vfèdkj ¼ftls blesa blds i'pkr~ mDr Hkwfe dgk x;k

gS½] mDr vfèfu;e dh èkjk 10 dh mièkjk ¼1½ ds vèhu] lHkh

foYyaxeksa ls eqDr gksdj] vkR;kafrd :i ls dsUnzh; ljdkj esa fufgr

gks x, Fks(

vkSj] dsUnzh; ljdkj dk lekèku gks x;k gS fd osLVuZ

dksyQhYM~l fyfeVsM] ukxiqj ¼egkjk"Vª½ ¼ftls blesa blds i'pkr~

ljdkjh dEiuh dgk x;k gS½] ,sls fucaèuksa vkSj 'krks± dk] tks dsUnzh;

ljdkj bl fufeRr vfèjksfir djuk mfpr le>s] vuqikyu djus ds

fy;s jtkean gS(

vr%] vc] dsUnzh; ljdkj] mDr vfèfu;e dh èkjk 11 dh

mièkjk ¼1½ }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq,] ;g funs'k nsrh

gS] fd bl izdkj fufgr mDr Hkwfe esa vkSj ml Hkwfe esa ;g ml ij ds

vfèdkj rkjh[k 01 ekpZ] 2013 ls dsUnzh; ljdkj esa bl izdkj fufgr

cus jgus dh ctk,] fuEufyf[kr fucaèuksa vkSj 'krks± ds vèhu jgrs

gq,] ljdkjh dEiuh esa fufgr gks tk,axs] vFkkZr~%—

1- ljdkjh daiuh] mDr vfèfu;e ds micaèksa ds vèhu ;Fkk

voèkfjr 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 vèhu] ljdkjh daiuh }kjk dsUnzh; ljdkj dks

lans; jdeksa dk voèkj.k djus ds iz;kstuksa ds fy, mDr vfèfu;e

dh èkjk 14 ds vèhu ,d vfèdj.k dk xBu fd;k tk,xk vkSj ,sls

fdlh vfèdj.k vkSj ,sls mDr vfèdj.k dh lgk;rk djus ds fy,

fu;qDr O;fDr;ksa ds lacaè esa mixr lHkh O;; ljdkjh daiuh }kjk ogu

fd, tk,axs vkSj bl izdkj fufgr mDr Hkwfe esa ;k ml ij ds vfèdkjksa

ds fy, ;k muds lacaè esa] tSls vihy vkfn lHkh fofèd dk;Zokfg;ksa

dh ckcr~ mixr lHkh O;; Hkh] blh izdkj ljdkjh daiuh }kjk ogu

fd, tk,axs(

3- ljdkjh daiuh] dsUnzh; ljdkj ;k mlds inèkfj;ksa dh]

,sls fdlh vU; O;; ds lacaè esa {kfriwfrZ djsxh] tks bl izdkj fufgr

mDr Hkwfe esa ;k ml ij ds vfèdkjksa ds ckjs esa] dsUnzh; ljdkj ;k

mlds inèkfj;ksa }kjk ;k muds fo#) fdUgha dk;Zokfg;ksa ds lacaè esa

vko';d gks(

4- ljdkjh daiuh dks] dsUnzh; ljdkj ds iwoZ vuqeksnu ds

fcuk] bl izdkj fufgr mDr Hkwfe vkSj mDr Hkwfe esa ;k ml ij ds

vfèdkjksa dks fdlh vU; O;fDr;ksa dks varfjr djus dh 'kfDr ugha

gksxh( vkSj

5- ljdkjh daiuh] ,sls funsZ'kksa vkSj 'krks± 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 vfèjksfir fd, tk,a] ikyu djsxhA

[ Qk-la- 43015@12@2010&ihvkjvkbZMCY;w&I]

oh- ,l- jk.kk] voj lfpo

MINISTRY OF COAL

ORDER

New Delhi, the 19th December, 2013

S.O. 2.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal, Number S.O. 497(E), dated the 28th February, 2013,

published in the Gazette of India, Extraordinary, Part-II,

Section 3. Sub-Section (ii), dated the 1st March, 2013, 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 Scheduled

appended to the said notification (hereinafter referred to

as the said land) vested absoloutely in the Central

Government free from all emcumbrances under Sub-Section (1)

of Section 10 of the said Act;

And whereas, the Central Government is satisfied

that the Western Coalfields Limited, Nagpur (Maharashtra)

(hereinafter referred to as the Government Compay) 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 directs that the said land and the rights

in or over the said land so vested shall, with effect from

1st March, 2013, 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

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

3

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 rights 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

directions 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. 43015/12/2010-PRIW-I]

V. S. RANA, Under Secy.

ubZ fnYyh] 24 fnlEcj] 2013

dkñvkñ 3-—dsUnzh; ljdkj us dks;yk èkjd {ks= ¼vtZu

vkSj fodkl½ vfèfu;e] 1957 ¼1957 dk 20½ ¼ftls blesa blds

i'pkr~ mDr vfèfu;e dgk x;k gS½ dh èkjk 7 dh mièkjk ¼1½ ds

vèhu tkjh Hkkjr ljdkj ds dks;y ea=ky; dh vfèlwpuk

la[;k dkñvkñ 2857 rkjh[k 12 flrEcj] 2012 tks Hkkjr ds jkti=

Hkkx II] [k.M 3] mi[k.M ¼ii½] rkjh[k 15 flrEcj] 2012 esa izdkf'kr

dh xbZ Fkh]ml vfèlwpuk ls lyaXu vuqlwph esa fofufnZ"V 809-508

gsDVs;j ;k 2000-29 ,dM+ dh Hkwfe vkSj ml ij ds lHkh vfèdkjksa dk

vtZu djus ds vius vk'k; dh lwpuk nh Fkh(

vkSj l{ke izkfèdkjh us mDr vfèfu;e dh èkjk 8 ds vuqlj.k

esa dsUnzh; ljdkj dks viuh fjiksVZ ns nh gS( vkSj dsUnzh; ljdkj dk

iwoksZDr fjiksVZ ij fopkj djus ds i'pkr~vkSj NÙkhlx<+ ljdkj ls

ijke'kZ djus ds i'pkr~ ;g lekèku gks x;k gS fd blls layXu

vuqlwph esa of.kZr 721-313 gsDVj ¼yxHkx½ ;k 1782-36 ,dM+

¼yxHkx½ eki okyh Hkwfe ds lHkh vfèdkj vftZr fd, tkus pkfg,aA

vr% vc dsUnzh; ljdkj dks;yk èkjd {ks= ¼vtZu vkSj

fodkl½ vfèfu;e] 1957 ¼1957 dk 20½ dh èkjk 9 dh mièkjk

¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] ;g ?kks"k.kk djrh gS fd

blls layXu vuqlwph esa ;Fkk of.kZr 721-313 gsDVj ¼yxHkx½ ;k

1782-36 ,dM+ ¼yxHkx½ eki okyh Hkwfe esa ;k ml ij Åij ds

vfèdkj vftZr fd, tkrs g®A

bl vfèlwpuk ds vUrxZr vkus okys {ks= ds js[kkad la[;k

,lbZlh,y@ch,lih@th,e¼ih,yth½@Hkwfe@442] rkjh[k 22 vizSy]

2013 dk fujh{k.k dysDVj] jk;x<+ ¼NÙkhlx<+½ ds dk;kZy; esa ;k

dks;yk fu;a=d] 1] dkmafly gkml LVªhV] dksydkrk & 700001 ds

dk;kZy; esa ;k lkmFk dksyfQYM~l fyfeVsM ¼jktLo vuqHkkx½ lhir

jksM] fcykliqj& 495006 ¼NÙkhlx<+½ ds dk;kZy; esa fd;k tk ldrk

gSA

vuqlwph

Nky foo`r foLrkj Cykd]

jk;x<+ {ks=] ftyk ¼NÙkhlx<+½

¼js[kkad la[;k&,lbZlh,y@ch,lih@th,e¼ih,yth½@Hkwfe@442] rkjh[k 22 vizSy] 2013½

lHkh vfèdkj%

¼d½ jktLo Hkwfe%

Øe

xzke dk

iVokjh

rglhy

ftyk

{ks= gsDVj

fVIi.kh

lañ

uke

gYdk

esa

uEcj

1-

pan'ks[kjiqj

31

èjet;x<+

jk;x<+

78-812

Hkkx

2-

uokikjk

31

èjet;x<+

jk;x<+

30-188

Hkkx

3-

Nky

30

èjet;x<+

jk;x<+

120-133

Hkkx

4

[ksnkikyh

31

èjet;x<+

jk;x<+

79-834

Hkkx

5

caèkikyh

30

èjet;x<+

jk;x<+

220-032

Hkkx

6

iqlYnk

31

èjet;x<+

jk;x<+

7-297

Hkkx

dqy% 536-296 gsDVj ¼yxHkx½ ;k 1325-19 ,dM+ ¼yxHkx½

4

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

¼[k½ jktLo ou Hkwfe ¼lhtsts vkSj chtsts½%

Øe

xzke dk

iVokjh

rglhy

ftyk

{ks= gsDVj

fVIi.kh

lañ

uke

gYdk uEcj

esa

1-

[ksnkikyh

31

èjet;x<+

jk;x<+

8-307

Hkkx

dqy% 8-307 gsDVj ¼yxHkx½ ;k 20-52 ,dM+ ¼yxHkx½

¼x½ ou Hkwfe%

Øe

ou dk uke

ou dk

jast

fMohtu

{ks=

fVIi.kh

lañ

izdkj

gsDVj esa

1-

ykr ¼1115@478½

ih,Q

Nky

èjet;x<+

176-710

iw.kZ

dqy% 176-710 gsDVj ¼yxHkx½ ;k 436-65 ,dM+ ¼yxHkx½

dqy ;ksx ¼d+[k+x½% 721-313 gsDVj ¼yxHkx½

;k 1782-36 ,dM+ ¼yxHkx½

1- xzke panz'ks[kjiqj ¼Hkkx½ esa vftZr fd, tkus okys IykV

la[;k%—

2 ls 78] 92 ls 115] 141] 147] 148] 150] 151] 266 ls

271] 277 ls 279] 395] 428-

2- xzke uokikjk ¼Hkkx½ esa vftZr fd, tkus okys IykV

la[;k%— 445] 466] ls 515] 517] 518] 521 ls 523-

3- xzke Nky ¼Hkkx½ esa vftZr fd, tkus okys IykV la[;k%—

1031 ls 1038] 1061 ls 1064] 1071 ls 1097] 1120 ls 1130] 1277]

1278] 1288 ls 1319] 1321 ls 1354] 1356 ls 1359] 1364] 1365]

1367 ls 1416-

4- xzke [ksnkikyh ¼Hkkx½ esa vftZr fd, tkus okys IykV

la[;k%— 1 ls 18] 30] 31] 33] 34] 36] 80 ls 95] 103 ls 107]

2@134-

5- xzke caèkikyh ¼Hkkx½ esa vftZr fd, tkus okys IykV

la[;k%— 1 ls 24] 33] 34] 36 ls 38] 48] 49] 55 ls 76] 85] 86]

114 ls 127] 168] 169] 171] 173 ls 179] 183 ls 412-

6- xzke iqlYnk ¼Hkkx½ esa vftZr fd, tkus okys IykV

la[;k%— 1 ls 3-

lhek o.kZu %

Cykd—I%

d&[k

js[kk] ^^d** fcUnq ls izkjaHk gksrh gS vkSj xzke ykr&[ksnkikyh

dh lfEefyr lhek ls xqtjrh gS vkSj ^^[k** fcUnq ij feyrh

gSA

[k&x

js[kk] ^^[k** fcUnq ls izkjaHk gksrh gS vkSj lajf{kr ou ds mÙkjh]

if'peh vkSj nf{k.kh lhek rFkk xzke ykr&panz'ks[kjiqj ds

lfEefyr lhek ls gksrh gqbZ xqtjrh gS vkSj ^^x** fcUnq ij

feyrh gSA

x&?k

js[kk] fcUnq ^^x** ls izkjaHk gksrh gS vkSj xzke panz'ks[kjiqj ds

IykV la[;k 147] 148 dh if'peh lhek] IykV la[;k 148

dh nf{k.kh lhek]] IykV la[;k 150@1d dh iwohZ lhek] IykV

la[;k 269@2] 268] 267@2 dh if'peh lhek] IykV la[;k

256@2x dh iwohZ] IykV la[;k 269@1d] 279] 277 dh

nf{k.kh] 277] 271@1d] 270 dh iwohZ] 270] 269@1x] 269

dh mÙkjh lhek ls gksrh gqbZ xqtjrh gS vkSj fcUnq ^^?k** ij

feyrh gSA

?k&³

js[kk fcUnq ^^?k** ls izkjaHk gksrh gS vkSj IykV la[;k 106@2d

dh iwohZ lhek] 107@1d dh nf{k.kh lhek] 107@1d] 103@1N]

95@12] 85@8N] 95@7] 95@11] 95@6] 95@5] 95@4 dh iwohZ

lhek] 94@3] 94@4 dh nf{k.kh lhek] 94@3] 80@1d] 20@5

dh iwohZ lhek] IykV la[;k 18] 30 dh nf{k.kh lhek] IykV

la[;k 30 dh iwohZ lhek] IykV la[;k 34] 33] 36@1 dh

nf{k.kh lhek] IykV la[;k 36@1 dh iwohZ lhek] IykV la[;k

5@2 dh nf{k.kh vkSj iwohZ lhek ls gksrh gqbZ xzke [ksnk ikyh ls

xqtjrs gq, fcUnq ^^³** ij feyrh gSA

³&p

js[kk fcUnq ^^³** ls izkjaHk gksrh gS vkSj xzke [ksnkikyh&caèkikyh]

xzke caèkiyh&iqlYnk ds Hkkxr% lfEefyr lhek] xzke iqlYnk

ds IykV la[;k 2@2] 2@3] 3@3] 4@4 dh nf{k.kh vkSj iwohZ

lhek ls gksrh gqbZ xqtjrh gS vkSj fcUnq ^^p** ij feyrh gSA

p&N

js[kk fcUnq ^^p** ls izkjaHk gksrh gS vkSj xzke uokikjk dh

Hkkxkr% nf{k.kh vkSj iwohZ lhek ls gksdj xzke uokikjk ds

IykV la[;k 521 ds mÙkjh] la[;k 518] 445 ds iwohZ] 445 ds

mÙkjh] IykV la[;k 515 ds iwohZ] IykV la[;k 515] 493]

466@5] 466@6] 466@7] 466@4 ds mÙkjh lhek ls xqtjrh

gqbZ vkSj fcUnq ^^N** ij feyrh gSA

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

5

N&t

js[kk fcUnq ^^N** ls izkjaHk gksrh gS vkSj xzke caèkikyh&uokikjk

ds Hkkxr% lfEefyr lhek ls gksdj xzke caèkikyh ds IykV

la[;k 188] 187] 186] 183] 179] 176] 171] 169] 168]

127 dh mÙkjh lhek] IykV la[;k 127 dh if'peh lhek]

IykV la[;k 114 dh mÙkjh lhek] IykV la[;k 85] 86 dh

mÙkjh lhek vkSj if'peh lhek] IykV la[;k 76] 55] 56@1]

56@2] 49] 48 dh mÙkjh lhek] IykV la[;k 38@2] 38@1]

36@3] 36@2] 36@1] 37] 34] 33] 21 dh iwohZ lhek ls xqtjrh

gS vkSj fcUnq ^^t** ij feyrh gSA

t&>

js[kk fcUnq ^^t** ls izkjaHk gksrh gS vkSj xzke caèkikyh ds

Hkkxr% mÙkjh lhek ls gksdj xzke Nky ds IykV la[;k 1278]

1337] 1336] 1335] 1334] 1333] 1332] dh mÙkjh lhek

IykV la[;k 1321] 1319 dh iwohZ lhek] IykV la[;k 1319]

1318] 1288] 1290] 1289] 1128] 1129] 1130] 1126]

1124] 1123] 1122 dh mÙkjh lhek] IykV la[;k 1122]

1121 dh iwohZ lhek] IykV la[;k 1097] 1096] 1095] 1071]

1072] 1064 dh mÙkjh lhek] IykV la[;k 1061] 1062]

1038] 1036] 1035] 1034] 1031] 1076] 1077] 1078]

1019 dh if'peh lhek ls gksrh gqbZ xqtjrh gS vkSj fcUnq

^^>** ij feyrh gSA

>&d

js[kk fcUnq ^^>** ls izkjaHk gksrh gS vkSj xzke Nky&ykr ds

Hkkxr% lfEefyr lhek ls gksrh gqbZ tkrh gS fQj xzke Nky ds

IykV la[;k 1354] 1356 dh iwohZ lhek] IykV la[;k 1359]

1364@4] 1364@5] 1402 dh nf{k.kh lhek] IykV la[;k

1395] 1367] 1368] 1376@3] 1375@1 dh if'peh lhek

vkSj xzke Nky&ykr] ykr&caèkikyh ds Hkkxr% lfEefyr

lhek ls gksrh gqbZ xqtjrh gS vkSj vkjafHkd fcUnq ^^d** ij

feyrh gSA

Cykd—II%

´&V

js[kk xzke panz'ks[kjiqj&ykr ds lfEefyr lhek esa fcUnq ^^´**

ls izkjaHk gksrh gS vkSj xzke panz'ks[kjiqj&ykr ds Hkkxr%

lfEefyr lhek ls xqtjrh gS vkSj fcUnq ^^V** ij feyrh gSA

V&B

js[kk fcUnq ^^V** ls izkjaHk gksrh gS vkSj ekaM unh ds mÙkjh

fdukjs ls xqtjrh gS vkSj mlh fdukjs ds fcUnq ^^B** ij feyrh

gSA

B&M

js[kk fcUnq ^^B** ls izkjaHk gksrh gS vkSj xzke panz'ks[kjiqj ds

IykV la[;k 78] 76@1 dh iwohZ lhek] IykV la[;k 76@1]

75@1] 92@2 dh nf{k.kh vkSj iwohZ lhek] IykV la[;k 92@1

dh iwohZ lhek] IykV la[;k 95 dh nf{k.kh vkSj iwohZ lhek]

IykV la[;k 115] 114 dh iwohZ lhek] IykV la[;k 110@1]

141@1&141@3 dh nf{k.kh lhek ls xqtjrh gS vkSj fcUnq

^^M** ij feyrh gSA

M&´

js[kk fcUnq ^^B** ls izkjaHk gksrh gS vkSj xzke pan'ks[kjiqj ds

IykV la[;k 141@1&141@3 dh iwohZ lhek] IykV la[;k 107@2

ls gksdj] IykV la[;k 111@1] 106@1 dh iwohZ lhek vkSj

IykV la[;k 107@1 ls xqtjrh gS vkSj vkjafHkd fcUnq ^^´**

ij feyrh gSA

[Qkñ lañ 43015@19@2010& ihvkjvkbZMCY;w&I]

ohñ ,lñ jk.kk] voj lfpo

New Delhi, the 24th December, 2013 i

S.O. 3.—Whereas by the notification of the

Government of India in the Ministry of Coal Number S.O.

2857 dated the 12th September, 2012 issued under

sub-section (1) of section 7 of the Coal Bearing Areas

(Acquisition and Development) Act, 1957 (20 of 1957)

(hereinafter referred to as the said Act) and published in

the Gazette of India, Part II, Section 3, Sub-section (ii),

dated the 15th September, 2012 the Central Government

gave notice of its intention to acquire 809.508 hectares or

2000.29 acres land as all rights in or over such lands

specified in the Scheduled appended to that notification;

And whereas the competent authority in pursuance

of section 8 of the said Act, has made his report to the

Central Government;

And whereas the Central Government after

considering the aforesaid report and after consulting the

Government of Chhattishgarh, is satisfied that the land

measuring 721.313 hectares (approximately) or 1782.36 acres

(approximately) all rights in or over such land as described

in schedule appended hereto, should be acquired.

Now therefore, in exercise of the powers conferred

by sub -section (1) of section 9 of the said Act, the Central

Government hereby declares that the land measuring 721.313

hectares (approximately) or 1782.36 acres (approximately)

as all rights in or over such land as described in schedule

appended hereto are hereby acquired.

The plan bearing number SECL/BSP/GM(PLG)/Land/

442, dated the 22nd April, 2013 of the area covered by this

notification may be inspected in the Office of the Collector,

Raigarh (Chhattishgarh) or in the office of the Coal

Controller, 1 Council House Street, Kolkata - 700001 or in

the Office of the South Eastern Coalfield Limited (Revenue

Section) Seepat Road, Bilaspur-495006 (Chhattisgarh);

6

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

SCHEDULE

Chhal Opencast Expansion Mine Block,

Raigarh Area, District Raigarh (Chhattisgarh)

(Plan bearing number SECL/BSP/GM(PLG)/Land/442, dated the 22nd April, 2013)

All Rights: (A) Revenue Land:

Sl.

Name of

Patwari

Tahsil

District

Area in

Remarks

No.

village

halka number

hectares

1.

Chandra-

31

Dharamjaigarh

Raigarh

78.812

Part

shekharpur

2.

Nawapara

31

Dharamjaigarh

Raigarh

30.188

Part

3.

Chhal

30

Dharamjaigarh

Raigarh

120.133

Part

4.

Khedapali

31

Dharamjaigarh

Raigarh

79.834

Part

5.

Bandhapali

30

Dharamjaigarh

Raigarh

220.032

Part

6.

Pusalda

31

Dharamjaigarh

Raigarh

7.297

Part

Total: 536.296 hectares (approximately) or 1325.19 acres (approximately)

(B) Revenue Forest Land (CJJ & BJJ):

Sl.

Name of

Patwari halka

Tahsil

District

Area in

Remarks

No.

village

number

hectares

1.

Khedapali

31

Dharamjaigarh

Raigarh

8.307

Part

Total: 8.307 hectares (approximately) or 20.52 acres (approximately)

(C) Forest Land:

Sl.

Name of

Type

Range

Division

Area in

Remarks

No.

Forest

of Forest

hectares

1.

Lat

PF

Chhal

Dharamjaigarh

176.710

Full

(1115/478)

Total: 176.710 hectares (approximately) or 436.65 acres (approximately)

Grand Total (A+B+C)=721.313 hectares (approximately)

or 1782.36 acres (approximately)

Boundary Description:

Block-I:

A-B Line starts from point 'A' and passage along the

common boundry of villages Lat - Khedapali and

meets at point 'B'.

B-C

Line starts from point 'B' and passes along northern,

western and southern boundary of Protected Forest,

along partly common boundary of villages Lat-

Chandrashekharpur and meets and point 'C' .

C-D

Line starts from point 'C' and passes through village

Chandrashekharpur along western boundary of plot

number 147, 148, southern boundary of plot number

148, eastern boundary of plot number 150/1k, western

boundary of plot number 269/2, 268, 267/2, eastern

boundary of plot number 256/2g, southern boundary

of plot number 269/1k, 279, 277, eastern boundary of

1. Plot Numbers to be acquired in village

Chandrashekharpur (Part):- 2 to 78, 92 to 115, 141, 147, 148,

150, 151, 266 to 271, 277 to 279, 395, 428.

2. Plot Numbers to be acquired in village Nawapara

(Part):- 445, 466 to 515, 517, 518, 521 to 523.

3. Plot Numbers to be acquired in village Chhal (Part):-

1031 to 1038, 1061 to 1064, 1071 to 1097, 1120 to 1130, 1277,

1278, 1288 to 1319, 1321 to 1354, 1356 to 1359, 1364, 1365,

1367 to 1416.

4. Plot Numbers to be acquired in village Khedapali

(Part):- 1 to 18, 30, 31, 33, 34, 36, 80 to 95,103 to 107, 2/134.

5. Plot Numbers to be acquired in village Bandhapali

(Part):-1 to 24, 33, 34, 36 to 38, 48, 49, 55 to 76, 85, 86,114 to

127, 168, 169, 171, 173 to 179, 183 to 412.

6. Plot Numbers to be acquired in village Pusalda

(Part):- 1 to 3.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

7

plot number 277, 271/1k, 270, northern boundary of

plot number 270, 269/1g, 269 and meets at point 'D'.

D-E

Line starts from point 'D' and passes through village

Khedapali along eastern boundary of plot number

106/2k,southern boundary of plot number 107/1k,

eastern boundary of plot number 107/1k, 103/1chha,

95/12, 85/8 chha, 95/7, 95/11, 95/6. 95/5, 95/4, southern

boundary of plot number 94/3, 94/4, eastern

boundary of plot number 94/3, 80/1k, 20/5, southern

boundary of plot number 18, 30, eastern boundary of

plot number 30,southern boundary of plot number

34, 33, 36/1, eastern boundary of plot number 36/1,

southern and eastern boundary of plot number 5/2

and meets at point 'E'.

E-F

Line starts from point 'E' and passes along partly

common boundary of villages Bandhapali-Khedapali,

Bandhapali-Pusalda, through village Pusalda along

southern and eastern boundary of plot number 2/2,

2/3, 3/3, 4/4 and meets at point 'F'

F-G

Line starts from point 'F' and passes along partly

southern and eastern boundary of village Nawapara,

along northern boundary of plot number 521, eastern

boundary of plot number 518, 445, northern boundary

of plot number 445, eastern boundary of plot number

515, northern boundary of plot number 515, 493,

466/5, 466/6, 466/7, 466/4 and meets at point 'G'

G-H

Line starts from point 'G' and passes along party

common boundary of villages Bandhapali -

Nawapara, through village Bandhapali along

northern boundary of plot number 188, 187, 186,

183,179, 176, 171, 169,168,127 western boundary of

plot number 127, northern boundary of plot number

114, northern and western boundary of plot number

85, 86, northern boundry of plot number 76, 55,

56/1,56/2, 49, 48, easters boundary of plot number

38/2 38/1, 36/3 36/2, 36/1, 37, 34, 33, 21 and meets at

point 'H'.

H-I

Line starts from point 'H' and passes along partly

northern boundary of village Bandhapali then passes

in village Chhal along northern boundary of plot

number 1278, 1337, 1336, 1335, 1334, 1333, 1332 eastern

boundary of plot number 1321, 1319, northern

boundary of plot number 1319, 1318,1288, 1290,1289,

1128,1129, 1130,1126, 1124,1123, 1122, eastern

boundary of plot number 1122, 1121,northern

boundary of plot number 1097, 1096, 1095, 1071, 1072,

1064, western boundary of plot number 1061, 1061,

1038, 1036, 1035, 1034,1031, 1076, 1077, 1078,1019

and meets at point 'I'.

1-A

Line starts from point 'I' and passes along partly

common boundary of villages Chhal -Lat then passes

in village Chhal along eastern boundary of plot

number 1354, 1356, southern boundary of plot number

1359, 1364/4,134/5, 1402, western boundary of plot

number 1395, 1367, 1368, 1376/3, 1375/1, along partly

common boundry of villages Chhal-Lat, Lat-

Bandhapali and meets at starting point 'A'.

Block-II:

J-K

Line starts from point ''J'' on the common boundary

of villages Lat-Chandrashekharpur and passes along

partly common boundary of villages Lat-

Chandrashekharpur and meets at point 'K'

K-L

Line starts from point 'K' and passes along northern

bank of Mand River and meets at point 'L' on the

same bank.

L-M Line starts from point 'L' and passes through village

Chandrashekharpur along eastern boundary of plot

number 78, 76/1, southern and eastern boundary of

plot number 76/1, 75/1, 92/2, eastern boundary of

plot number 92/1, southern and eastern boundary of

plot number 95, eastern boundary of plot number

115, 114, southern boundary of plot number 110/1,

141/1-141/3 and meets at point 'M'

M-J

Line starts from point 'M' and passes through village

Chandrashekharpur along eastern boundary of plot

number 141/1-141/3, through plot number 107/2,

eastern boundary of plot number 111/1, 106/1,

through plot number 107/1 and meets at starting

point 'J'

[F. No. 43015/19/2010-PRIW-I]

V. S. RANA, Under Secy.

vkns'k

ubZ fnYyh] 27 fnlEcj] 2013

dkñvkñ 4-—dks;yk èkjd {ks= ¼vtZu vkSj fodkl½

vfèfu;e] 1957 ¼1957 dk 20½ ¼ftls blesa blds i'pkr~ mDr

vfèfu;e dgk x;k gS½ dh èkjk 9 dh mièkjk ¼1½ ds vèhu tkjh]

Hkkjr ds jkti=] Hkkx II] [kaM 3] mi[kaM (ii)]rkjh[k 14 vizSy] 2012

esa izdkf'kr Hkkjr ljdkj ds dks;yk ea=ky; dh vfèlwpuk la[;kad

dk-vk- 1335] rkjh[k 10 vizSy] 2012] ij] mDr vfèlwpuk ls

layXu vuqlwph esa of.kZr Hkwfe ¼ftls blesa blds i'pkr~ mDr Hkwfe

dgk x;k gS½ ds 110-663 gsDVj ¼yxHkx½ ;k 273-448 ,dM+

¼yxHkx½ esa ;k ml ij ds Hkwfe vkSj vfèdkj] mDr vfèfu;e dh

èkjk 10 dh mièkjk ¼1½ ds vèhu] lHkh foYyaxeksa ls eqDr gksdj]

vkR;kafrd :i esa dsUnzh; ljdkj esa fufgr gks x, Fks(

vkSj] dsUnzh; ljdkj dk ;g lekèku gks x;k gS fd osLVuZ

dksyQhYM~l fyfeVsM] dksy ,LVsV] flfoy ykbZUl] ukxiqj ¼egkjk"Vª½

¼ftls blesa blds i'pkr~ mDr ljdkjh dEiuh dgk x;k gS½] ,sls

fucaèuksa vkSj 'krks± dk] ftudk dsUnzh; ljdkj bl fufeRr vfèjksfir

djuk mfpr le>s] vuqikyu djus ds fy;s jtkean gS(

vr% vc] dsUnzh; ljdkj] mDr vfèfu;e dh èkjk 11 dh

mièkjk ¼1½ }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq,] ;g funs'k nsrh

8

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

gS fd mDr Hkwfe ds 110-663 gsDVj ¼yxHkx½ ;k 273-448 ,dM+

¼yxHkx½ esa ;k ml ij ds bl izdkj fufgr vfèdkj] rkjh[k

14 vizSy] 2012 ls dsUnzh; ljdkj esa bl izdkj fufgr cus jgus dh

ctk,] fuEufyf[kr fucaèuksa vkSj 'krks± ds vèhu jgrs gq,] ljdkjh

dEiuh esa fufgr gks tk,axs] vFkkZr~%—

¼1½ ljdkjh daiuh] mDr vfèfu;e ds micaèksa ds vèhu

;Fkk voèkfjr izfrdj] C;kt] uqdlkfu;ksa vkSj oSlh gh enksa dh ckcr~

fd, x, lank;ksa dh dsUnzh; ljdkj dks izfriwfrZ djsxh(

¼2½ 'krZ ¼1½ ds vèhu] ljdkjh daiuh }kjk] dsUnzh; ljdkj

dks lans; jdeksa dk voèkj.k djus ds iz;kstu ds fy, mDr vfèfu;e

dh èkjk 14 ds vèhu ,d vfèdj.k dk xBu fd;k tk,xk vkSj ,sls

fdlh vfèdj.k vkSj mDr vfèdj.k dh lgk;rk ds fy, fu;qDr

O;fDr;ksa ds lacaè esa mixr lHkh O;;] ljdkjh daiuh }kjk ogu fd,

tk,axs vkSj bl izdkj fufgr mDr Hkwfe esa ;k ml ij ds vfèdkjksa ds

fy, ;k muds lacaè esa vihysa] vkfn] tSlh lHkh fofèd dk;Zokfg;ksa

dh ckcr mixr] lHkh O;;] ljdkjh daiuh }kjk ogu fd, tk,axs(

¼3½ ljdkjh daiuh] dsUnzh; ljdkj ;k mlds inèkfj;ksa dh]

,sls fdlh vU; O;; ds lacaè esa {kfriwfrZ djsxh] tks bl izdkj fufgr

mDr Hkwfe esa ;k ml ij ds vfèdkjksa ds ckjs esa] dsUnzh; ljdkj ;k

mlds inèkfj;ksa }kjk ;k muds fo#) fdUgha dk;Zokfg;ksa ds lacaè esa

vko';d gks(

¼4½ ljdkjh daiuh dks] dsUnzh; ljdkj ds iwoZ vuqeksnu ds

fcuk] Hkwfe vkSj mDr Hkwfe esa ;k ml ij ds bl izdkj fufgr vfèdkjksa

dks fdlh vU; O;fDr dks varfjr djus dh 'kfDr ugha gksxh( vkSj

¼5½ ljdkjh daiuh] ,sls funsZ'kksa vkSj 'krks± 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 vfèjksfir fd, tk,aA

[Qk-la- 43015@16@2009&ihvkjvkbZMCY;w&I]

ohñ ,lñ jk.kk] voj lfpo

ORDER

New Delhi, the 27th December, 2013

S.O. 4.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal, number S.O. 1335, dated the 10th April, 2012, in the

Gazette of India, Part II, Section 3, Sub-Section (ii), dated

the 14th April, 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 rights in or over 110.663

hectares (approximately) or 273.448 acres (approximately)

of land as 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, Coal Estate, Civil Lines,

Nagpur (Maharashtra) (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 directs that the 110.663 hectares

(approximately) or 273.448 acres (approximately) of land in

all rights in or over the said land so vested shall, with effect

from the 14th April, 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 condition (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 rights 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

directions 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. 43015/16/2009-PRIW-I]

V. S. RANA, Under Secy.

vkns'k

ubZ fnYyh] 27 fnlEcj] 2013

dkñvkñ 5-—dks;yk èkjd {ks= ¼vtZu vkSj fodkl½

vfèfu;e] 1957 ¼1957 dk 20½ ¼ftls blesa blds i'pkr~ mDr

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

9

vfèfu;e dgk x;k gS½ dh èkjk 9 dh mièkjk ¼1½ ds vèhu tkjh]

Hkkjr ds jkti=] Hkkx II] [kaM 3] mi[kaM ¼ii½] rkjh[k 27 vDrwcj]

2012 esa izdkf'kr] Hkkjr ljdkj ds dks;yk ea=ky; dh vfèlwpuk

la[;kad dkñ vkñ 3239 rkjh[k 16 vDrwcj] 2012] ds izdk'ku ij]

mDr vfèlwpuk ls layXu vuqlwph esa of.kZr Hkwfe vkSj Hkwfe esa ;k ml

ij ds lHkh vfèdkj ¼ftls blesa blds i'pkr~ mDr Hkwfe dgk x;k

gS½ mDr vfèfu;e dh èkjk 10 dh mièkjk ¼1½ ds vèhu] lHkh

foYyaxeksa ls eqDr gksdj] vkR;kafrd :i ls dsUnzh; ljdkj esa fufgr

gks x, Fks(

vkSj] dsUnzh; ljdkj dk ;g lekèku gks x;k gS fd lkmFk

bZLVuZ dksyQhYM~l fyfeVsM] lhir jksM] Mkd?kj la[;k 60] ftyk &

fcykliqj&495006 ¼NÙkhlx<+½ ¼ftls blesa blds i'pkr~ mDr

ljdkjh dEiuh dgk x;k gSA] ,sls fucaèuksa vkSj 'krks± dk] tks dsUnzh;

ljdkj bl fufeÙk vfèjksfir djuk mfpr le>s] vuqikyu djus ds

fy, jtkean gS(

vr% vc] dsUnzh; ljdkj] mDr vfèfu;e dh èkjk 11 dh

mièkjk ¼1½ }kjk iznÙk 'kfDr;ksa dks iz;ksx djrs gq,] ;g funs'k nsrh gS

fd mDr Hkwfe vkSj mDr Hkwfe esa ;g ml ij ds bl izdkj fufgr

vfèdkj rkjh[k 27 vDrwcj] 2012 ls dsUnzh; ljdkj esa bl izdkj

fufgr cus jgus dh ctk;] fuEufyf[kr fucaèuksa vkSj 'krks± ds vèhu

jgrs gq,] mDr ljdkjh dEiuh esa fufgr gks tk,axs] vFkkZr~%—

¼1½ ljdkjh daiuh] mDr vfèfu;e ds micaèksa ds vèhu

;Fkk voèkfjr izfrdj C;kt] uqdlkfu;ksa vkSj oSlh gh enksa dh ckcr]

fd, x, lHkh lank;ksa dh dsUnzh; ljdkj dks izfriwfrZ djsxh(

¼2½ 'krZ ¼1½ ds vèhu ljdkjh daiuh }kjk dsUnzh; ljdkj

dks lans; jdeksa dk voèkj.k djus ds iz;kstuksa ds fy, mDr vfèfu;e

dh èkjk 14 ds vèhu ,d vfèdj.k dk xBu fd;k tk,xk vkSj ,sls

fdlh vfèdj.k vkSj mDr vfèdj.k dh lgk;rk ds fy, fu;qDr

O;fDr;ksa ds lacaè esa mixr lHkh O;;] ljdkjh daiuh }kjk ogu fd,

tk,axs vkSj bl izdkj fufgr mDr Hkwfe esa ;k ml ij ds vfèdkjksa ds

fy, ;k muds lacaè esa vihy] vkfn] lHkh fofèd dk;Zokfg;ksa dh

ckcr] mixr] lHkh O;;] ljdkjh daiuh }kjk ogu fd, tk,axs(

¼3½ ljdkjh daiuh] dsUnzh; ljdkj ;k mlds inèkfj;ksa dh]

,sls fdlh vU; O;; ds lacaè esa {kfriwfrZ djsxh] tks bl izdkj fufgr

mDr Hkwfe esa ;k mlij ds vfèdkjksa ds ckjs esa] dsUnzh; ljdkj ;k

mlds inèkfj;ksa }kjk ;k muds fo#) fdUgha dk;Zokfg;ksa ds lacaè esa

vko';d gks(

¼4½ ljdkjh daiuh dks dsUnzh; ljdkj ds iwoZ vuqeksnu ds

fcuk] Hkwfe vkSj mDr Hkwfe esa ;k ml ij ds bl izdkj fufgr vfèdkj

dks fdlh vU; O;fDr dks varfjr djus dh 'kfDr ugha gksxh( vkSj

¼5½ ljdkjh daiuh] ,sls funs'kksa vkSj 'krks± 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 vfèjksfir fd, tk,aA

[Qkñ lañ 43015@18@2010&ihvkjvkbZMCY;w&I]

ohñ ,lñ jk.kk] voj lfpo

ORDER

New Delhi, the 27th December, 2013

S.O. 5.—Whereas on the publication of the

notification of the Government of India in the Ministry of

Coal, number S.O. 3239 dated the 16th October, 2012, in the

Gazette of India, Part II, Section 3, sub-section (ii), dated

the 27th 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 the 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 South Eastern Coalfields Limited, Seepat Road,

Post Box No. 60, district-Bilaspur-495006 (Chhattisgarh)

(hereinafter referred to as the Government Company) is

willing to comply with such terms and condistions as the

Central Government thinks fit to impose in this behalf.

Now, therefore, in the exercise of the powers conferred

by sub-section (1) of Section 11 of the said Act, the Central

Government thereby directs that the said land and the rights

in or over the said land so vested shall with effect from

dated the 27th 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 condition (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

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 rights in or over the said land so

vested, to any other person without the prior approval of

the Central Government; and

10

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

(5) the Government company shall abide by such

directions 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. 43015/18/2010-PRIW-I]

V. S. RANA, Under Secy.

x`g ea=ky;

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 6-—dsUnzh; ljdkj] jktHkk"kk ¼la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx½ fu;e] 1976 ¼1987 esa ;Fkk la'kksf/kr½ ds

fu;e 10 ds mi fu;e ¼4½ ds vuqlj.k esa] x`g ea=ky; ds fuEufyf[kr

dk;kZy;ksa esa fgUnh dk dk;Zlk/kd Kku j[kus okys deZpkfj;ksa dh

la[;k 80% ls vf/kd gks tkus ds iQyLo:i mUgsa ,rn~}kjk

vf/klwfpr djrh gS %

1-

vkj-Vh-lh- fdfeu] Hkk-fr-lh- iqfyl cy] ¼v:.kkpy

izns'k½

2-

lsUVªy izaQfV;j eq[;ky;] Hkk-fr-lh- iqfyl cy] Hkksiky

¼e-iz-½

3-

{ks=h; eq[;ky;] Hkk-fr-lh- iqfyl cy] iVuk ¼fcgkj½

4-

46oha okfguh] Hkk-fr-lh- iqfyl cy] dkuiqj ¼m-iz-½

5-

48oha okfguh] Hkk-fr-lh- iqfyl cy] dfVgkj ¼fcgkj½

[la- 12017@1@2012&fgUnh]

vo/ks'k dqekj feJ] funs'kd ¼jktHkk"kk½

MINISTRY OF HOME AFFAIRS

New Delhi, the 19th December, 2013

S.O. 6.—In pursuance of sub-rule (4) of Rule 10 of the

Official Languages (Use for Official Purpose of the Union)

Rules, 1976 (as amended in 1987), the Central Government

hereby notifies the following offices of the Ministry of

Home Affairs wherein the percentage of the staff having

working knowledge of Hindi has gone above 80%.

1.

R.T.C. Kimin, I.T.B.P. Police Force (Arunachal

Pradesh).

2.

Central Frontier Headquarter, I.T.B.P. Police,

Bhopal, (M.P.)

3.

Regional Headquarter, I.T.B.P. Police Force,

Patna (Bihar)

4.

46th Battalion, I.T.B.P. Police Force, Kanpur

(U.P.)

5.

48th Battalion, I.T.B.P. Police Force, Katihar

(Bihar)

[No. 12017/1/2012-Hindi]

AVADHESH KUMAR MISHRA, Director (OL)

Je ,oa jkstxkj ea=ky;

ubZ fnYyh] 17 fnlEcj] 2013

dkñvkñ 7-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj osLVuZ uoy dekaM

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 tcyiqj ds iapkV ¼lanHkZ la[;k 2@1&2010½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 17-12-2013 dks izkIr gqvk FkkA

[lañ ,y&42025@07@2013&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 17th December, 2013

S.O. 7.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award of the Central Government

Industrial Tribunal-cum-Labour Court No. 2, Mumbai (Filed

under Section 33-A in the matter of Complaint arising out

of Ref. No. 2/1 of 2010) as shown in the Annexure, in the

industrial dispute between the management of Western

Naval Command and their workman, received by the Central

Government on 17.12.2013.

[No. L-42025/07/2013-IR(DU)]

P. K. VENU GOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL No. 2, MUMBAI

PRESENT:

K.B. KATAKE, Presiding Officer

COMPLAINT No. CGIT-2/1 of 2010

(Arising out of Ref. CGIT-2/14 of 2010)

Indian Naval Employees Union

12/14, Rajgir Chambers

Room No. 60, 7th Floor

Shahid Bhagat Singh Road,

Opp. Old Custom House

Mumbai-400 023. :

Complainant

V/S.

The Flag Officer Commanding-in-Chief

Headquarters

Western Naval Command

Shahid Bhagat Singh Road

Mumbai-400 023. :

Opponent.

APPEARANCES:

For the complainant

: Mr. J.H. Sawant, Advocate

For the opponent

: Mr. N.J. Gonsalves,

Advocate.

Mumbai, dated the 9th July, 2013

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

11

AWARD

1. This complaint is filed under Section 33-A of the

Industrial Disputes Act, 1947. According to the complainant

the opponent has engaged 23 women workmen for the

purpose of cleaning rice for the use of officers and other

staff members. They are doing the work of permanent nature

since 1984—90. The workmen placed in similar

circumstances have been regularized in service. There are

also number of posts vacant where these women can be

absorbed and regularized. Two women died and the 21

women have raised industrial dispute and Ref. CGIT-2/14

of 2010 is pending before this Tribunal. The second party

has terminated the services of 17 workmen. Termination of

their services is illegal and improper. Therefore the union

has filed this complaint against the opponent and prays

for declaration that action of the opponent is in

contravention to the provision made under Section 33 of

the I.D. Act 1947 by refusing work and wages and

consequential benefits to the 17 women workmen and

terminating their service w.e.f. 22.09.2009 during pendency

of Ref. CGIT-2/14 of 2010. They also pray for direction to

reinstate the 17 women workmen in their services w.e.f.

22.09.2009 with full back-wages from 22.09.2009 and all

consequential benefits and also prays to award punishment

to the opponent for terminating the services of these

workmen in contravention of Section 33 of the I.D. Act.

2. The opponent resisted the complaint vide their

written statement at Ex-8. According to them, the complaint

is misconceived, devoid of merit and not maintainable in

law. The women workmen were engaged by the opponent

on nerrick rate of pay for cleaning rice as required basis.

The union cannot represent the casual workmen employed

on nerrick rate of pay. No post of rice cleaner was created

by Defence Ministry. Therefore though cleaning is a

continuous process question of regularization of rice

cleaners does not arise. Navy used to get un-cleaned rice

earlier from ASC of the Army and as such casual rice

cleaners were being employed. The service of rice cleaners

have been terminated since rice is not being obtained from

ASC of Army for which cleaning and processing was

required. These rice cleaners were not recruited through

Employment Exchange. In these circumstances, though

some of the casual rice cleaners have completed 240 days

in a year, they are not qualified for regularization in the

service. Neither they are eligible not entitled for

regularization. There is no employer-employee relation

between them. In the circumstances the opponent claimed

that the complaint is not tenable and prays that same be

dismissed with cost.

3. The Union filed rejoinder at Ex-9. They denied the

contents in the written statement and reiterated their case

in the complaint.

4. Following are the points for my determination.

I record my findings thereon for the reasons to follow:

Sr.No. Points

Findings

1.

Whether the complainant has proved

that the opponent has altered the terms

of the services of the workmen in

question during pendency of the

industrial dispute?

Yes

2.

Whether there was contravention of

Section 33(1) A on the part of

opponent and whether the complaint

under Section 33A is maintainable?

Yes

3.

Whether the workmen are entitled to

any relief?

Yes, as per

order below.

4.

What order?

As per

order below.

REASONS

Points nos. 1 & 2:—

5. Both these points are interrelated, therefore, in

order to avoid repetition of discussion they are discussed

and decided simultaneously. In this respect the fact is not

disputed that the 17 women workmen were working as rice

cleaners. The fact is also not disputed that, they had raised

industrial dispute and their Reference bearing No. Ref.

CGIT/37 of 2006 was pending before CGIT-1, Mumbai. The

said reference is for regularization of services of these

women workmen in the establishment of the opponent.

During pendency of the said reference the opponent has

terminated the services of these 17 women workmen by its

order dt. 15.9.2009. In this respect according to the

opponent the women workmen were casual labourers

employed on nerrick rate of pay and as and when required

basis. Therefore termination of services of such employees

is not in violation of Section 33(1) (a). Therefore it is

submitted on behalf of the opponent that, the complaint is

not maintainable. In support of his argument the Ld., adv.

for the opponent resorted the Apex Court ruling in

Secretary, State of Karnataka & Ors. V/s. Uma Devi & Ors.

2006 (4) SC ALE 197. wherein the Hon'ble Court in respect

of contractual or casual labourers observed that:

"Merely because he is continued beyond his term of

appointment does not entitle him to be absorbed in

regular service or made permanent."

6. In this ruling the Hon'ble Court also held that if

original appointment was not made by following a due

process of selection, such an employee is not entitled to

be absorbed in regular service. In this respect I would like

to point out that, the ruling is not in respect of either

violation of Section 33(1) (a) or in respect of maintainability

of complaint under Section 33-A of the I.D. Act. Question

as to whether casual, temporary or contractual worker can

12

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

be absorbed or regularized in service is not the issue before

this Tribunal while adjudicating the complaint under Section

33-Aof the I.D. Act. Therefore the ratio laid down in this

ruling is not attracted to the set of facts of the present

case.

7. In this respect the Ld. adv. for the complainant

submitted that during pendency of dispute in respect of

the workmen; may they be casual, temporary or contractual,

if their service conditions are changed during pendency of

dispute, it is in contravention of Section 33(1) (a) of the I.D.

Act. In support of his argument the Ld. adv. resorted to

Apex Court ruling in the Bhavnagar Municipality V/s. Ali

Bhai Karim Bhai and ors. 1977 LAB. I.C. 834. In that case

during the pendency of an Industrial dispute between a

Municipality and its daily rated workers in its Water Works

Section before the Tribunal the Municipality retrenched

these workers without obtaining the prior permission of

the Tribunal and the subject matter of the dispute was

directly connected with the convergent of the temporary

employment of such workers into permanent. In the

circumstances On Hon'ble Apex Court observed that:

".......................such tampering with status quo ante

of these workers was a clear alteration of the

conditions of their service. The alteration was in

regard to a matter connected to the pending industrial

dispute. Thus there was contravention of Section

33(1) (a) on the part of the Municipality and a

complaint under Section 33 A at the instance of such

workers was maintainable."

8. On the point the Ld. adv. also cited Gujarat High

Court ruling in Gujarat State Road Transport Corp V/s.

Shabir Hussain G. Sheikh 2012 II CLR 959 wherein Hon'ble

Court on the point held that when dispute in respect of

regularization of service of the workman is pending, the

management cannot issue an order of discharge or reversion

of the workman, without seeking approval of the Tribunal

before which the dispute is already pending.

9. In the case at hand the services of workmen were

terminated during pendency of the dispute. The dispute

was raised on behalf of these workmen for regularization of

their services. Thus it is clear that the opponent has passed

the order of termination in violation of Section 33(1) (a) of

the I.D. Act. Thus I hold that the complaint is maintainable.

Accordingly I decide this points Nos. 1 & 2 in the

affirmative.

Point No. 3:—

10. In this respect I would like to point out that the

reference between the parties was already decided and the

opponent was directed to absorb them in regular service of

the establishment of the opponent with arrears. As the

services of these workmen were terminated during pendency

of the reference, I think it proper to direct the opponent to

pay full back-wages from the date of their termination till

the date of their reinstatement. Accordingly I decide this

point No. 3 and proceed to pass the following order:

ORDER

(i) The order of terminating the services of the workman

was in contravention of Section 33-A of the

Industrial disputes Act.

(ii) The opponent is directed to reinstate in the service

of their establishment these 17 women workmen

forthwith with full back wages from the date of their

termination.

Date: 09.07.2013

K.B. KATAKE, Presiding Officer

ubZ fnYyh] 18 fnlEcj] 2013

dkñvkñ 8-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj vky bafM;k jsfM;ks]

dksVk 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;] t;iqj ds iapkV ¼lanHkZ la[;k 57@2004½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 18@12@2013 dks izkIr

gqvk FkkA

[lañ ,y&42012@101@1989&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 18th December, 2013

S.O. 8.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 57/2004) of the

Cent.Govt.Indus.Tribunal-cum-Labour Court, Jaipur now

as shown in the Annexure, in the industrial dispute between

the employers in relation to the management of All India

Radio, Kota and their workmen, which was received by the

Central Government on 18-12-2013.

[No. L-42012/101/1989-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, JAIPUR

N.K. PUROHIT, Presiding Officer

I.D. 57/2004

Reference No. L-42012/101/1989-IR(DU) Dated:1.9.2004

Sh. Rameshwar Prasad Nagar

H.No. 594, Mahavir Nagar-II

Kota (Rajasthan)

V/s

The Assistant Station Director

All India Radio, Kota (Rajasthan)

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

13

Present:

For the applicant

:

Sh. R.C. Jain

For the non-applicant

:

Sh. T.P. Sharma

AWARD

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub-Section 1 & 2(A) of

Section 10 of the Industrial Disputes Act, 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:

"Whether the action of the management of All India

Radio, Kota in terminating the services of

Sh. Rameshwar Prasad Nagar w.e.f. 18.3.1989 is legal

& justified? If not, to what relief the concerned

workman is entitled?”

2. The workman in his statement of claim has pleaded

that he was employed by the non-applicant on 17.10.87 as

daily wages class IV employee. The non-applicant has

terminated his services on 17.3.1989 without assigning any

reason. It has further been pleaded that despite he had

worked continuously during period from 17.10.87 to 16.3.89

& had worked for more than 240 days during the said period,

his services have been terminated without any notice or

any notice pay or compensation in violation of Section 25-F

of the I.D.Act. It has been alleged that while terminating

the services of the workman no seniority list was prepared

& juniors to him were retained in the job in violation of

Section 25-G of the I.D.Act. It has also been alleged that

after terminating the services of the workman new hands

Sh.Mahendra & Sh. Balkishan were employed by the non-

applicant without any offer of re-employment to the

workman in violation of Section 25-H of the I.D. Act. Thus,

the workman has prayed for his reinstatement with back

wages & other consequential benefits.

3. Disputing the claim, the non applicant in his written

counter averred that non-applicant establishment is not an

'Industry' within the definition of 'Industry' u/s 2-J of the

I.D. Act. It has been denied that workman was employed as

daily wager class IV employees. The non-applicant has

further averred that workman was engaged only as casual

labour & as such he has worked for 195 days only during

17 months period from Oct, 87 to Feb, 89. Since, the

workman was engaged as casual worker for casual work

only, provisions of Section 25-F are not attracted.

4. Following points for determination were framed:—

I. Whether the workman was appointed as a 4th Class

employee by the non-applicant on 17.10.1987, who

continuously worked up to 16.3.89 and whose service

was terminated on 17.3.1989 in violation of the

provision under Section 25-F of the Act?

II. Whether at the time of terminating the service of the

workman, the junior employees to him were retained

by the management in violation of Section 25-G of

the Act and Rule 77 of the Industrial Disputes Rules,

1957?

III. Whether after the termination of the service of

workman the new appointments as pointed out at

para 7 of the claim statement were made by the

management in violation of Section 25-H of the Act

and Rule 78 of the Industial Disputes Rules, 1957?

IV. Whether the non-applicant establishment is not an

industry as defined under Section 2-J of the Act?

V. Relief, if any.

5. In evidence, the workman has submitted his

affidavit in support of his claim. In rebuttal, the non-

applicant has filed the counter affidavits of Sh. Ramkaran

Meena, Programme Executive & Sh. Nanu Ram Meena.

Documentary evidence has also been adduced by both

the sides.

6. It is pertinent to mention that a application was

filed by the workman on 29.4.05 at the stage of defence

evidence to call for documents such as dispatch register,

attendance register, payment vouchers, monthly statement

of wages of the relevant period from the non-applicant

which was rejected vide order dated 24.5.05. The said order

was challenged in S.B. civil W.P. No. 5179/2005. Hon'ble

High Court while allowing the said application vide order

dated 11.8.05, set aside the order dated 24.5.05 & directed

the non-applicant to produce all the documents which were

referred in the application. Upon perusal of the record it

appears that certain documents were produced by the non-

applicant on 14.10.05. Thereafter, an additional affidavit

was filed by the workman on 18.11.05 wherein it was stated

that the documents which were required by the workman

have not been produced. On 12.12.05, it was submitted on

behalf on the non-applicant that documents which were

available with the departments have been produced & an

affidavit of Sh. Ramkaran Meena was filed in support of

the reply. It further reveals that an application on behalf of

the workman was moved on 31.5.06 for taking documents

enclosed with the application on the record. Since, the

non-applicant did not object, the said documents were taken

on record vide order dated 11.11.10.

Point No. 1

7. To attract the provision of Section 25-F of I.D.Act

one of the conditions required is that the workman is

employed in any industry for a continuous period which

would not be less than one year.

8. The expression "continuous period" occur in

Section 25-F has been defined in Section 25-B of the I.D.Act.

Under sub-section (1) of the Section 25-B, if a workman

has put in uninterrupted service of establishment including

the service which may interrupted on account of sickness,

14

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

authorize leave, accident, a strike which is not illegal, a lock

out or secession of work that is not due to any fault on the

part of the workman shall be said to be continuous service

for one year i.e. 12 months in respect of number of days he

has actually worked with interrupted service permissible

under sub-section (1) of section 25-B.

9. Sub-Section 2 of section 25-B of the I.D. Act says

that even if a workman has not been in continuous service

for a period of one year as envisaged under sub-section (1)

of 25-B of I.D. Act, he shall be deemed to have been in such

continuous service for a period of one year if he has actually

worked under the employer for 240 days in preceding period

of twelve months from the date of his termination. The said

sub-section provides for a fiction to treat a workman in

continuous service for a period of one year despite the fact

that he has not rendered uninterrupted service for a period

of one year.

10. In the background of the legal provisions set

forth above, factual scenario in the present case is to be

examined.

11. The initial burden was on the workman to prove

that he had remained under the employment of the non-

applicant as a workman for a continuous period of at least

one year as evisaged u/s 25-F of the I.D.Act therefore, his

termination without notice or compensation in lieu of notice

was in violation of the said section.

12. The workman has stated in his affidavit that he

had worked with the non-applicant during period 17.10.87

to 16.3.89. He has further stated the due to accident in

June, 1998, he remained under treatment for a period of

about five months & had joined his duties on 1.11.88. The

workman has stated that including the said period of five

months he had worked for more than 240 days.

13. The management witness Sh. Ramkaran Meena

has stated that the workman was engaged as casual beldar

& he had never worked for 240 days with the non-applicant

& during period March, 87 to Feb, 99, the workman had

worked for 138 days only. The management witness

Sh. Nanuram Meena has stated that during period of 17

months the workman has worked for 195 days only.

14. As per version of the workman his services were

terminated by the non-applicant on 17.3.89, therefore,

burden was upon the workman to prove that he had worked

for at least 240 days during period of preceding 12 months

from the said date of termination. In this regard, the period

from 17.3.88 to 16.3.89 only is relevant.

15. As per pleadings in the reply & statements of the

management witnesses the actual working days of the

workman during relevant period of preceding 12 months

from the date of alleged termination i.e. 17.3.89 are as

below:—

Year

Working days as Working days

Working days as

reply of the non- as per statement per statement of

applicant

of MW1 Sh.

MW2 Sh. Nanuram

Ramkaran

March, 88

22

Nil

22

April, 88

24

Nil

24

May, 88

20

Nil

20

June, 88

Nil

24

Nil

July, 88

Nil

13

Nil

Aug, 88

Nil

Nil

Nil

Sep, 88

Nil

Nil

Nil

Oct, 88

Nil

Nil

Nil

Nov. 88

26

Nil

26

Dec, 88

4

Nil

4

Jan, 89

0

Nil

Nil

Feb, 89

0

14

Nil

Total

96

51

96

16. The Ld. Representative on behalf of the workman

contends that there is inconsistency as regards actual

working days stated by the management witnesses

Sh. Ramkaran Meena & Sh. Nanuram Meena. He further

contends that if working days shown by both the witnesses

are taken into account, it is established that the workman

had worked for more than 240 days.

17. The workman in his affidavit has deposed that

the had worked continuously during period 17.10.87 to

17.3.89 & in support of his statement he has produced

documents Ex-w-1 to w-29. Ex-w-1 is permit to enter

protected place for the period 17.10.87 to 31.12.87 & the

period has been extended up to 31.3.88. Ex-w-2 is a note

sheet of approval for appointment of daily wagers which

reveals that approval to engage the workman as security

guard during 16.5.88 to 31.5.88 was accorded. Ex-w-3, w-4

& w-5 are the wages statements of daily wagers which

reveals that during period 1.1.88 to 23.1.88, 1.3.88 to 31.3.88

& 1.4.88 to 30.4.88 the total working days of the workman

were 19,22,24 days respectively. Ex-w-6 to Ex-w-14 are

pertaining to wages & other expenditure for the period

Oct, 87 to Dec, 88. Thus, the only documents Ex-w-2, w-4,

w-5 & Ex-w-11 to Ex-w-14 are relevant for the period under

consideration i.e. 17.3.88 to 17.3.89. According to Ex--w-11,

w-12, w-13 & w-14 the actual working days of the workman

in the month of March 88, April 88, Nov. 88 & Dec. 88 were

19 days, 24 days, 26 days & 20 days respectively.

18. Documents Ex-w-15 to Ex-w-29 are photocopies

of the alleged attendance register for the period Sep., 87 to

March, 88. Except the document pertaining to March, 88

Ex-w-27 & 28, the other documents are not pertaining to

relevant period i.e. 17.3.88 to 16.3.89. As per copy of the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

15

attendance register for the month of March, 88 the total

working days of the workman were 20 days only.

19. Thus, on the basis of above documents produced

by the workman it is not established that he had worked

uninterruptedly for one year as envisaged under section

25-B(1) of the I.D. Act or had worked for at least 240 days

during preceding 12 months from the date of alleged

termination.

20. The management has produced the copies of

muster rolls of casual labour engaged on daily wages which

reveals that above muster rolls are pertaining to period

1.11.88 to 29.2.88 only. Thus, these documents are also not

relevant for period under consideration i.e. 17.3.88 to 16.3.89.

21. Upon perusal of the documents pertaining to

payment of wages & other expenditures during period April,

87 to March, 89 produced by the management, it reveals

that during preceding 12 months from the date of termination

the actual working days of the workman in the months of

March, 88, April, 88, May 88, Nov. 88 & Dec. 88 were 22

days, 24 days, 25 days, 26 days & 20 days respectively.

According to above record, the workman did not work

during period June 88 to Oct. 88.

22. As per averments in reply to the claim statement

& statement of the management witness Sh. Nanuram,

MW2, actual working days of the workman in May, 88 &

Dec., 88 were 20 days & 4 days respectively whereas as per

documents brought on record by the management working

days in the above months were 25 days & 20 days

respectively. According to Sh. Nanuram, MW2 the

workman did not work during the month of June, 88 & July,

88 but as per the statement of Sh. Ramkaran MW1, the

working days of the workman were 24 days & 13 days

respectively.

23. The workman has deposed in para 3 of his affidavit

as under:—

;g gS fd eSaus fu;kstd ds ;gka ij fnukad 17-10-87 ls ysdj

fnukad 17-3-89 rd yxkrkj dke fd;k gS rFkk bl nkSjku

twu 1988 esa dk;Z ij vkrs le; esa nq?kZVukxzLr gksus ds dkj.k

yxHkx 5 ekg esjs bykt jgk vkSj iqu% 1-11-88 dks M~;wVh ij

mifLFkr gqvk ,oa bl izdkj bykt dh vof/k dks feykdj eSaus

fu;kstd ds ;gka 240 fnuksa ls dkQh vf/kd le; rd yxkrkj

dke dj fy;k gSA bl nq?kZVuk dh lwpuk eSaus esjs fu;kstd dks

izsf"kr dj nh FkhA

24. Thus, the workman has also admitted this fact

that he did not work during period June, 88 to Oct., 88. In

view of the admitted facts by the workman, the statement

of management witness Sh. Ramkaran MW1 regarding

working days in the month of June, 88 & July 88 seems to

be incorrect. Further, his statement does not find any

support from documents brought on record.

25. Admittedly, during period of preceding 12 months

from the alleged date of termination, the workman had not

worked for five months i.e. June, 88 to Oct., 88 & had worked

during remaining seven months only i.e. 17.3.88 to May, 88

& Nov., 88 to 16.3.89. Even if, it is presumed that he had

worked on all the days in above remaining seven months

on reckoning the total number of working days in above

period, they come to 211 days only. The contention of the

workman that the period of five months during which he

remained under treatment is to be included while reckoning

the total number of working days during period of

preceding 12 months from the date of termination is not

tenable. It is evident from the admitted facts by the workman

in his affidavit that he had not worked for at least 240 days

during relevant period of preceding 12 months from the

date of termination.

26. Apart that, even on taking into account all the

working days which have been shown in the documents

produced by both the sides & days stated by the

management witnesses for relevant period of preceding 12

monhs from the date of termination, it is not established

that workman had worked during relevant period for at

least 240 days.

27. Since, the workman has failed to establish that he

had worked for at least 240 days during preceding 12

months from the date of termination, provisions of section

25-F of the I.D. Act are not attracted, accordingly, this point

is decided against the workman.

Point No. II

28. The workman has stated in his claim statement

that at the time of termination his services juniors to him

were retained in the job but no such names has neither

been disclosed by him in his claim statement nor in his

affidavit. He has not produced any documentary evidence

in support of his statement in this regard, therefore, neither

he could be able to adduce the sufficient evidence on this

point to corroborate his testimony nor his own testimony

is definite on this point as such he has failed to discharge

to the onus of this point. which is decided against him.

Point No. III

29. The workman nowhere narrated in his claim

statement the names of the persons who were given

recruitment after termination of service of the workman.

However, in his affidavit at para 10, he has stated that after

his termination Sh. Mahendra & Sh. Balkishan were given

appointment by the non-applicant. Except his own

statement, nothing has been brought on record to

substantiate his statement in this regard. Further, there is

no suggestion in the cross examination of the management

witnesses in this regard. As such, there is no reliable

evidence on this point & in absence thereof, it is decided

against the workman.

16

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Point No. IV

30. In Award passed by this Tribunal, on 27.5.2011 in

I.D. Case No. 56/2004, the copy of which is on the record

the question under consideration was whether All India

Radio is an 'industry' or not. Relying on the decision

rendered by Hon'ble Apex Court in All India Radio &

Santosh Kr. & others (civil appeal No. 2135/93 & 775-776/

1998) wherein Hon'ble Court has laid down that All India

Radio & Doordarshan are 'industry' within the meaning of

the said term as defined by the section 2-J of the I.D. Act,

the point under consideration has been decided against

the non-applicant Department. Accordingly, this point is

also decided against the non-applicant.

Point No. V

31. Since, the workman has failed to prove any

violation of the provisions of section 25-F, 25-G & 25-H of

the I.D. Act by the non-applicant, he is not entitled to any

relief.

32. In the result, the reference is answered in negative

against the workman in view of the findings on point No. I

to III. Resultantly, the workman is not entitled for any relief.

The reference under adjudication is answered accordingly.

33. Award as above.

N. K. PUROHIT, Presiding Officer

ubZ fnYyh] 17 fnlEcj] 2013

dkñvkñ 9-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fot; cSad 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

Je U;k;ky; ds iapkV ¼11@2008½dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 17@12@2013 dks izkIr gqvk FkkA

[lañ ,y& 12012@117@2007&vkbZvkj ¼ch&II½]

jfo dqekj] vuqHkkx vf/kdkjh

New Delhi, the 17th December, 2013

S.O. 9.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 11/2008) of the Cent.

Govt. Industrial Tribunal-cum-Labour Court, Bangalore as

shown in the Annexure in the Industrial Dispute between

the management of Vijay Bank and their workmen, received

by the Central Government on 17/12/2013.

[No. L-12012/117/2007-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

BANGALORE

Dated

:

4th October, 2013

PRESENT

:

Shri S.N. Navalgund, Presiding Officer

C.R. No. 11/2008

I Party

II Party

Shri G.B. Shankar,

The Chairman,

C/o Nirmala Bai, Shahnager,

Vijaya Bank,

Limbewadi Free Colony, No. 1,

Head Office, No. 25,

Solapur

M.G. Road,

Maharashta

Bangalore-560 001

APPEARANCES:

I Party

:

Self

II Party

:

Shri B.C. Prabhakar, Advocate

AWARD

1. The Central Government vide order No. L-12012/

117/2007-IR(B-II) dated 14.02.2008 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 action of management of Vijaya Bank,

Bangalore in removal from service in respect of

Shri G.B. Shankar is justified? If not, to what relief the

workman is entitled to?"

2. Shri G.B. Shankar (hereinafter refered as I Party

workman) who was appointed as Peon in the II Party Bank

while serving at its Gangavathi Branch by Order dated

19.07.1999 suffered an order of punishment of Removal

from the Service of the Bank with Superannuation Benefits

as would be due otherwise at that stage and without

disqualification from future employment for unauthorisedly

remaining absent for a period of 24 days on two occasions

between 07.04.1997 and 04.06.1997 and from 29.06.1997

onwards after holding the Domestic Enquiry had raised

this dispute.

3. After receiving the claim statement by the I Party

and counter statement by the II Party having regard to

certain allegations made in the claim statement touching

the fairness of Domestic Enquiry while framing a Preliminary

Issue as to —

"Whether the Domestic Enquiry held against the

I Party by the II Party is fair and proper?"

and was posted for Evidence of II Party on the said

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

17

Preliminary Issue. On 17.03.2011 one Manjunath claims to

be the Son of I Party workman appeared and filed a Memo

to the effect that I Party workman being dead while

producing the copy of the death extract made a submission

that he would continue the proceedings and he was advised

to file an application to bring him on record with necessary

documents but later inspite of affording several

opportunities he never turned up and on 19.10.2011 the

counsel for the II Party filed an application the LRs of the

deceased workman who expired on 11.01.2011 inspite of

providing sufficient time since failed to come on record

and proceed in the matter it may be disposed off as Abated.

On that memo observing that CPC provisions cannot be

strictly made applicable to such dispute the II Party has to

substantiate the impugned action time was given to the

II Party to lead evidence. Then on 24.05.2012 the learned

advocate appearing for the II Party while filing the Memo

the proceedings sheets of the enquiry being misplaced

and could not be traced he would lead evidence on merits

to establish the charges taken time to lead the evidence on

merits and on 31.07.2012 while filing the affidavit of

Sh. Santhosh Sen, Branch Manager, Gangavathi Branch

examined him on oath as MW 1 and got exhibited Ex M-1 to

Ex M-25, thereafter, with an intention that the LRs of the

deceased workman may come and take action to come on

record his cross-examination was deferred but as nobody

turned up and came on record he came to be discharged.

4. Since it has come on record the I Party workman

expired on 11.01.2011 and his son Manjunath who once

appeared expressing his intention to proceed with the

matter later inspite of providing number of opportunities

did not come forward, I feel there is no need to go into the

merits of the charges of unauthorised absence levelled

against the deceased I Party workman and the reference has

to be rejected as Abated. In the result, I pass the following.

ORDER

The Reference is rejected as abated due to the death

of the I Party workman and failure of his LRs to come on

record and to proceed in the matter.

(Dictated to U D C, transcribed by him, corrected

and signed by me on 4th October 2013)

S.N. NAVALGUND, Presiding Officer

ubZ fnYyh] 18 fnlEcj] 2013

dkñvkñ 10-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj flfMadsV cSad 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 caxykSj

Je U;k;ky; ds iapkV ¼21@2009½ izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 18@12@2013 dks izkIr gqvk FkkA

[lañ ,y& 12011@28@2009&vkbZ vkj ¼ch&II½]

jfo dqekj] vuqHkkx vf/kdkjh

New Delhi, the 18th December, 2013

S.O. 10.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 21/2009)

of the Cent. Govt. Industrial Tribunal-cum-Labour Court,

Bangalore as shown in the Annexure in the Industrial

Dispute between the management of Syndicate Bank and

their workmen, received by the Central Government on

18/12/2013.

[No. L-12011/28/2009-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

BANGALORE

Dated

:

3rd October, 2013

Present:

Shri S.N. Navalgund, Presiding Officer

C.R. No. 21/2009

I Party

II Party

Shri Namdev J Itapi,

The Chairman,

General Secretary, Dharwad

Syndicate Bank,

District Bank Employees

Head Office,

Association, No. 9, Corporation

Manipal

Building, Broadway,

Hubli-580020

APPEARANCES:

I Party

:

Shri M. Rama Rao, Advocate

II Party

:

Shri Ramesh Upadhyaya, Advocate

AWARD

1. The Central Government vide order No. L-12011/

28/2009-IR (B-II) dated 12.05.2009 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 action of the Syndicate Bank

Management in refusing to take into account the

temporary service of Shri Namdev J Itapi API,

Substaff for the purpose of calculation of Annual

Increments, Pension Benefits, Gratuity, etc. are

justified? What relief the workman is entitled to?"

2. Later by issuing corrigendum dated 24.06.2009 the

address against Sl. No. 2 and 3 which were reading as The

Assistant General Manager, Canara Bank, HRM Section,

Circle Office, IMA Building, Baillapanavaranagar, Hubli-

580029 and The Assistant Secretary, Canara Bank Staff

18

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Union, Santhrupthi, Near Adarsha High School, Karmar,

Presenting Officer Padil, Mangalore-575007 respectively

have been corrected to read as the Chairman, Syndicate

Bank, Head Office, Manipal and Sri Namdev J Itapi, General

Secretary, Dharwad District Bank Employees Association,

No. 9, Corporation Building, Broadway, Hubli-580020.

3. After receipt of the reference while registering it in

C R 21/2009 when notices were issued to both the sides the

I Party entered his appearance through M Rama Rao, General

Secretary, Dharwad District Bank Employees Association

and the II Party management through Ramesh Upadhayay,

advocate.

4. The I Party who filed his claim statement on

20.05.2010 asserted that he joined the services of II Party in

1982 as Temporary Sub-staff and he who worked for

20 days in 1982, 24 days in 1983, 123 days in 1984, 55 days

in 1985, 141 days in 1986, 1 day in 1987, 24 days in 1988,

9 days in 1989, 78 days in 1990, 87 days in 1991, 1 day in

1992, 2 days in 1993, 306 days in 1998, 90 days in 1999, 100

days in 2000 totalling to 1061 days made permanent in the

service on 11.09.2001 and as per clause 20.8 of the BPS the

temporary services should have been taken into account

for part of his probationary period granting annual

increments etc. and that he learnt that 240 days working is

taken as one year service as such his temporary service

should have been taken as 4.42 years of service for the

purpose of calculation of annual increments, pension

benefits, gratuity etc. and as the same was not taken into

account for the purpose of calculation of annual increments,

pension benefits, gratuity etc. when he requested for the

payment of pension he was informed by K. Chandaragi,

Branch Manager through his letter dated 14.07.2008 he

having not completed 10 years of service is not entitle for

pension. He has further asserted that he since came to be

retired from services of the II Party Bank on 31.05.2008, if

his temporary service for 18 years taken into account he

has completed more than 10 years of continuous service,

therefore, he sent a representation to the II Party bank on

25.07.2008 requesting them to consider his temporary

service of 1061 days equivalent to 4.42 years of service for

the purpose of calculation of annual increments, pension

benefits and gratuity etc., and for releasing his arrears of

annual increments, arrears of pension, arrears of gratuity

etc., and as the II Party bank did not consider his

representation for a considerable time, he raised dispute

before ALC(C), Ministry of Labour, Government of India,

Hubli with a request to interfere and prevail on II Party

bank to consider his request for taking his temporary

service into consideration and as the II Party failed to settle

the dispute it resulted in this reference. With these

assertions he prayed to pass an award declaring the non-

consideration of his temporary service for the purpose of

calculation of Annual Increments, Pension Benefits,

Gratuity etc., is not fair, legal, null and void and to direct

the II Party to consider and account the temporary period

of service for the purpose of calculation of Annual

Increments, Pension Benefits, Gratuity, etc. with cost of

Rs. 15,000.00.

5. The II Party/management opposed the claim of the

I Party contending that I Party being the retired employee,

he is not covered under the definition of workman under

Section 2(s) of ID Act and there exists no relationship of

workman and employer the present reference cannot be

considered as dispute as defined under Section 2(k) of ID

Act. It is further contended as per Para 20.7 of BPS dated

19.10.1996 temporary employee means an employee who

has been appointed for a limited period for work which is

essentially of a temporary nature or who is employed

temporarily as an additional workman in connection with a

temporary increase in work of a permanent nature and

includes a workman other than a permanent workman who

is appointed in a temporary vacancy caused by the absence

of a particular permanent employee, and as per Para 20.8 of

the same Bi-partite Settlement a temporary employee may

also be appointed to fill a permanent vacancy provided

that such temporary appointment shall not exceed a period

of three months during which the bank shall make

arrangement for filling up the vacancy permanently and

when such a temporary workman eventually selected for

filling up the vacancy the period of such temporary

employment be taken into account as a part of probationary

period and in the back drop of these paras in the Bi-partite

Settlement during the joint meeting held with the

representatives of Syndicate Bank Employees Union

(recognized majority Union) at Manipal on 14.05.2005 (vide

circular No. 097/2005/BC) and with reference to the union

request in the matter of providing certain service weightage

to the temporary employees absorbed already and who

had worked continuously in permanent vacancies before

regularisation it was informed/clarified that the annual

increment date of such temporary employees absorbed in

the regular vacancy is being fixd after reckoning the first

date of joining in a permanent vacancy and besides this

the continuous service rendered from the date of joining

as temporary employee against regular vacancy would be

reckoned for the purpose of eligibility for gratuity to such

of the employees superannuating or ceasing to be in service

henceforth. Thus it is contended though there was no

provision in the Bi-partite Settlement the bank as a gesture

extended the above benefit for temporary/continuous

service for regular/permanent vacancy only and

accordingly circular No 846/0089/PD:IRD(W)/F53/PAD-1/

F-195 dated 24.06.2005 was issued and based on the service

particulars of the 1 Party his date of increment was preponed

by two months i.e. 01.01.2006 from 01.03.2006 prospectively

and 615 days of his temporary service against regular

vacancy was reckoned for purpose of eligibility for gratuity

at the time of his superannuation. It is further contended

since1 Party had joined the bank as probationary attender

on 11.03.2002 and he was confirmed in the services of the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

19

bank on 11.09.2002 and retired on superannuation on

31.05.2008 his actual service in the bank worked out to six

years two months twenty days and while extending him

the benefit regarding the date of release of annual increment

by refixing his annual increment date to 01.01.2006 instead

of 01.03.2006 the difference amount was paid from 2006

onwards and by including the continuous service rendered

by him from the date of joining as temporary attender

against the regular vacancy 615 days was taken into

account for gratuity purpose and thus working out 8 years

of service for the purpose of gratuity an amount of

Rs. 31542.00 was paid to him. It is further contended the

minimum qualifying service for payment of pension under

its pension regulations is 10 years whereas his total service

including the temporary period of service rendered by him

against permanent vacancy is only 8 years he is not entitle

for pension. It is further contended he was initially engaged

temporarily on casual basis and not against any regular/

permanent vacancy and his temporary service was engaged

for the first time against a permanent/regular vacancy on

30.01.1991 which date has been taken into account for

reckoning the annual increment date. Thus, it is contended

that as per circular No. 846/0089/PD:IRD(W)/F53/PAD-1/

F-195 he was entitle for reckoning of 615 days of his

temporary service against regular/permanent vacancy for

purpose of eligibility of gratuity at the time of his

superannuation same has been provided to him as such he

is not entitle for any of the claim now put forward by him.

6. After completion of the pleadings by raising a

Preliminary issue as to whether there exists relationship of

employee and employer between I Party and II Party matter

and was posted for Evidence of I Party, the Authorised

Representative of the I Party on 27.01.2011 while filling the

affidavit of I Party examining him on oath as WW-1 got

exhibited Attendance Certificate for having worked with

the II Party dated 26.02.1988; Attendance Certificate for

the period 01.01.1988 to 31.12.1988 dated 19.01.1989; details

of I Party having worked in different branches; Bio-data of

the I Party dated 30.01.1991; Certificate issued by the

Branch manager, Satti Branch dated 21.07.2008 to the I Party;

Relieving Letter of the I Party dated 31.05.2008; letter

addressed by the Branch Manager of the II Party to the

I Party dated 14.07.2008; salary certificate of the I Party

dated 30.04.2003; copy of the letter addressed to the

Chairman, Syndicate Bank dated 25.07.2008 by the I Party

requesting for grant of pension and other benefits; copy

of the letter addressed to the Assistant Labour

Commissioner (C), Hubli by the I Party dated 18.09.2008 for

intervention in setting the dispute; copy of the notice

issued by the ALC(C), Hubli to The Chairman and

Managing Director, Syndicate Bank, Manipal dated

17.10.2008; copy of the notice issued by the ALC(C), Hubli

to The Chairman and Managing Director, Syndicate Bank,

Manipal dated 10.11.2008; copy of the notice dated

10.11.2008 issued by the ALC(C), Hubli to the General

Secretary, Dharwad District Bank Employees Association,

Hubli; objection statement of the Syndicate Bank

addressed to ALC(C), Hubli dated 18.12.2008; Report of

concilliation of failure dated 09.01.2008 and unsigned letter

of the General Secretary of the I Party Union addressed to

the I Party dated 01.04.2010 authorising him to file claim

statement as Ex W-1 to Ex W-16 respectively and after his

cross-examination by the II Party counsel he examined Sh.

M Anantha Krishna as WW-2 who deposed that he is the

President of Dharwad District Bank Employees Association

since 2007 and that this dispute was raised by their

association and closed his side. Interalia, the learned

advocate appearing for the II Party examined Sh. K S Surya

Prakash, Chief Manager of the II Party bank as MW-1.

With the above evidence, the authorised representative of

the I Party and the learned advocate appearing for the II

Party filed their written arguments on the merits. When it

was noticed that the evidence was asked to be adduced

only on the Preliminary issue as to the relationship of

employee and employer between the I Party and the

II Party and same was brought to the notice of the

authorised representative of the I Party and the counsel

for the II Party, the learned counsel for the II Party when

made a submission that the Preliminary Issue may be

answered along with all the issues arisig for disposal of the

reference and he may be permitted to put few more

questions to I Party/WW 1 by way of cross-examination

and the authorised representative of the I Party submitting

that he has no objection for further cross-examination of

WW-1 the counsel for II Party further cross-examined

WW-1 and as the authorised representative of the I Party

and counsel for II Party submitted that they have no further

evidence and they having addressed arguments on merits

as well Preliminary Issue as well as the other issues arising

for disposal may be answered by way of Award.

7. On the pleadings, evidence adduced by both the

sides and the arguments put forward for both the sides the

points that arises for my consideration in disposal of this

reference are:

Point No. 1: Whether there existed relationship of

Employee and Employer between the I Party and the

II Party when this dispute was raised?

Point No. 2: If so, whether the reference schedule

constitutes an ID as defined under Section 2(k) of ID Act?

Point No. 3: If so, whether I Party is entitle to take

into account the temporary service he rendered for the

purpose of calculation of annual increments, pension

benefits, gratuity etc.?

Point No. 4: What Order?

8. On appreciation of the pleadings, oral and

documentary evidence brought on record by both the sides

in the light of the arguments put forward my finding on

points No. 1 to 3 are in the Negative No. 4 as per final order

for the following:

20

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

REASONS

9. Point No. 1: The first and foremost contention of

the II Party/Management is that the I Party who retired on

superannuation on 31.05.2008 having raised this dispute

thereafter he is not covered under the definition of workman

covered under Section 2(s) of ID Act as there existed no

relationship of workman and employer between them the

present reference cannot be considered as ID as defined

under Section 2 (k) of ID Act. There is no dispute the I

Party who intermittently served as temporary sub-staff

between 1982-2000 was absorbed in the service of the II

Party bank as probationary attender on 11.03.2002 and was

confirmed in the services on 11.09.2002 and retired on

superannuation on 31.05.2008 and thereafter he raised this

dispute. This dispute came to be raised after the I Party

retired on superannuation is unequivocally admitted by

him in his cross-examination. Therefore, the point now I

have to consider is whether there existed the relationship

of Employee and Employer between the I Party workman

and the II Party management after his retirement on

31.05.2008. As far as this contention is concerned the learned

advocate appearing for the II Party in support of this

contention relied upon the decisions reported in (2003) 5

Supreme Court Cases 163 A K Bindal and Another Vs. Union

of India & others; 2006 LLR SC 335 CEAT LTD., Vs. Anand

Abasaheb Hawaldar & others; 1999 II LLJ Page 851 Kerala

High Court (DB) Everestee Vs. District Labour Court whereas

the authorised representative of the I Party failed to give

any appropriate reply to this contention and the decisions

relied upon. In the first decision relied upon by the learned

advocate appearing for the II Party reported in (2003) 5

SSC 163 it is held that once employee opt to retire under

VRS and accept the benefits there under their rights as

employee comes to an end and there after they cannot

against assert their rights and re-agitate their claim for pay

revision for preretirement period nor they can contend that

they opt for VRS under compulsion. Again in the second

decision relied upon by him reported in 2006 LLR SC 335 it

is held under clause V of the Section 3 of the Act the

expression "employee" only covers those who are workman

under clause (s) of the section 10 of Industrial Dispute Act

which relates to those who are existing employees. Again

in the last decision relied upon by him reported in 1999 II

LLJ Page 851 it is held an employee who tendered

resignation pursuant to VRS and same came to be accepted

by the management he cannot be treated as a workman

under Section 2(s) of the Industrial Dispute Act and that it

includes only persons who are presently employed or who

have been dismissed, discharged or retrenched from the

employers. In the present case the I Party workman being

not dismissed, discharged or retrenched from the service

his claim after superannuation being that he was entitle to

take into account his temporary service put in prior to

absorbing him as permanent employee for the purpose of

Annual Increments, Pension Benefits, Gratuity he cannot

be as on the date of raising the dispute can be treated as

workman or there existed relationship of employee and

employer between himself and the II Party/management as

defined under Section 2(s) of ID Act. Accordingly, I have

arrived at conclusion of answering this point in the

Negative.

10. Point No. 2: Infact in view of my finding on Point

No. 1 this point does not survive for consideration at all.

However, assuming for the sake of argument the point

No. 1 is answered in the Affirmative let me now proceed to

consider this aspect of the contention urged by learned

advocate appearing for the II Party. No doubt in the counter

statement filed by the II Party as urged by Authorised

Representative of I Party there is no specific contention

the present dispute individually raised by its former

workman is not an Industrial Dispute as defined under

Section 2(k) of ID Act but this contention being a question

of law on the admitted facts this has to be considered. As

defined under Section 2(k) of the ID Act any dispute or

difference between employers and employers, or between

employers and workmen, or between workmen and

workmen which is connected with the employment or non-

employment or the terms of employment or the conditions

of the labour of any person is an Industrial Dispute. To

enable an individual former workman under Section 2(A)

of the ID Act a provision is made where any employer

discharges, dismisses, retrenches or otherwise terminates

the services of individual workman any dispute or

difference between that workman and employer connected

with or arriving out of such discharge, dismissal or

retrenchment to be treated as Industrial Dispute not-

withstanding that no other workman nor any union of

workman is a Party to the dispute. Thus, it is clear the

purport behind enacting section 2(A) is to cover those

cases in which the dispute of an individual workman

relating to discharge, dismissal, termination from service

has not been sponsored by any other workman or any

union. Since the language as used under Section 2(A) very

clearly states that in order to make a dispute an Industrial

Dispute that must be sponsored by substantial number of

workman except in cases of discharge, retrenchment and

termination of workman which is by itself an Industrial

Dispute. Though the I Party categorically stated in his

claim statement that when II Party bank did not respond to

his representation dated 25.07.2008 for a considerable

period of time he only raised a dispute before the ALC(C),

Hubli with a request to intervene in the dispute and prevail

on the II Party Bank Management by examining Sh. Anantha

Krishna as WW-2 who claims to be the President of

Dharwad District Bank Employees Association since 2007

an attempt was made to show that the present dispute was

raised by the Dharwad District Bank Employees Association

for which there is no record to substantiate. The Authorised

Representative of the I Party while referring to the notices

issued by the ALC(C), Hubli dated 17.10.2008, 10.11.2008

urged that copy of these notices being marked to him

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

21

(Sh. M. Rama Rao) as General Secretary, Dharwad District

Bank Employees Association, No. 9, Corporation Building,

Broadway, Hubli urged that if the dispute was not

sponsored by the Dharwad District Bank Employees

Association the copy of these notices would not have

been marked to him and thereby tried to make believe that

this dispute was raised by Dharwad District Bank

Employees Association. But his argument falls to the

ground on the very mentioning of subject in these letters

as "Dispute raised by Sh. Namdev J. Itapi against the

management of Syndicate Bank” that the dispute was

individually raised by Sh. Namdev J. Itapi and Sh. M. Rama

Rao, General Secretary, Dharwad District Bank Employees

Association must have represented him as Authorised

Representative as he has done in the present reference.

Therefore, I am of the considered view that the present

dispute raised by the former workman of the II Party bank

after his superannuation in his individual capacity not

relating to dismissal, discharge, retrenchment or termination

cannot be an Industrial Dispute as defined under

Section2(k) of ID Act. Accordingly, I have arrived at

conclusion of answering this point in the Negative.

11. Point No. 3: Infact, in view of my finding on Point

No. 1 and 2 this point does not survive for consideration.

However assuming for a moment the Point No. 1 and 2

have been answered in the Affirmative let me now proceed

to consider this aspect relating to the claim of the I Party.

Of course, there is no much dispute the I Party having

worked or the II Party for 20 days in 1982, 24 days in 1983,

123 days in 1984, 55 days in 1985, 141 days in 1986, 1 day in

1987, 24 days in 1988 , 9 days in 1989, 78 days in 1990, 87

days in 1991, 1 day in 1992, 2 days in 1993, 306 days in 1998,

90 days in 1999, 100 days in 2000 totalling to 1061 days

before he was absorbed in permanent service as

probationary attender on 11.03.2002 and being confirmed

on 11.09.2002 but it is the specific case of the II Party that

as per Para 20.8 of the Bi-partite Settlement a Temporary

Employee may also be appointed to fill a permanent vacancy

provided that such temporary employment shall not exceed

a period of three months during which the bank shall make

arrangement for filling up the vacancy and if such a

temporary workman is selected for filling up the vacancy

the period of such temporary employment will be taken

into account as a part of probationary period and then on

the request of the recognized majority union i.e., Syndicate

Bank Employees Union in the matter of providing certain

service weightage to the temporary employees absorbed

already and who had worked continously in permanent

vacancies before regularisation it was agreed that "the

annual increment date of such temporary employees

absorbed in regular vacancy is being fixed after reckoning

the first date of joining in a permanent vacancy; And

besides this, the continuous service rendered from the date

of their joining as temporary employee against a regular

vacancy would be reckoned for the purpose of eligibility

for gratuity; it was further informed that this (the above)

will be applicable to such of them superannuating or

ceasing to be in service henceforth" by issuing circular

No. 846/0089/PD:IRD(W)/F. 53/PAD-1/F-195 dated

24.06.2005 and as the temporary service of the I Party against

the regular vacancy was only from 30.01.1991 onwards for

a period of 615 days for the purpose of payment of gratuity

after his superannuation the same was reckoned and added

to his actual service of six years two months and twenty

days to make him eligible for gratuity for a period of eight

years and accordingly he has been paid gratuity amount

for a period of eight years amount to Rs. 31542.00. This

contention taken in the counter statement is not denied by

filling rejoinder by the I Party or he being paid gratuity

calculating service of eight years amounting to Rs. 31542.00

is also not denied in the evidence given by him thereby

this contention of the II Party that they have added his

temporary service against the regular vacancy calculated

@ 615 days is taken into consideration by adding it to his

actual service and accordingly he has been paid gratuity

cannot be disbelieved. Under clause 20.8 of the Bi-partite

Settlement on which the heavy reliance is placed by the

Authorised Representative of the I Party to substantiate

his claim only speaks that a temporary workman who is

appointed to fill a permanent vacancy and if such a

temporary workman is eventually selected for filling up the

vacancy the period of such temporary employment be taken

into account as part of his probationary period but do not

support his claim that the temporary period of service has

to be treated as period of regular service which is the actual

claim i.e. tried to be made out in this reference. The I Party

workman in his cross-examination while admitting the

suggestion that the management has given what all he was

entitle to volunteers and states that he request to provide

him pension thereby his claim is to take all the 1061 days of

his temporary service into consideration and to add it to

his actual service of six years two months and twenty days

and to make it more than 10 years to qualify him for pension

which is the required period. Since as already discussed

by me above there is no scope under clause 20.8 of Bi-

partite Settlement for the same and his temporary service

against the regular vacancy of 615 days being added to his

actual service for the purpose of computing the gratuity

his claim for annual increment, pension benefits is not

justified as such the action of the Syndicate Bank refusing

his representation to take into account his Annual

Increments and Pension Benefit is justified. Accordingly, I

have arrived at conclusion of answering this point in the

nagative.

12. Point No. 4: In view of my finding on Point Nos.

1 to 3 the reference is liable for rejection and I Party is not

entitle for any relief. In the result, I pass the following.

ORDER

The Reference is rejected holding that the action of

22

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

the management of Syndicate Bank in refusing to take into

account the temporary service of Shri Namdev J. Itapi, Sub-

staff for the purpose of calculation of Annual Increments,

Pension Benefits, Gratuity, etc. is justified and that I Party

is not entitle for any relief.

(Dictated to U.D.C. transcribed by him corrected and signed

by me on 3rd October 2013)

S.N. NAVALGUND, Presiding Officer

ubZ fnYyh] 18 fnlEcj] 2013

dkñvkñ 11-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj E;qfufliy

dkjiksjs'ku vkWQ 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] ubZ fnYyh ds iapkV ¼lanHkZ

la[;k&190@2012½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

17&12&2013 dks izkIr gqvk FkkA

[lañ ,y& 42011@108@2012&vkbZvkj¼Mhñ;wñ½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 18th December, 2013

S.O. 11.—In pursuance of Section 17 of the Industrial

Dispute Act, 1947 (14 of 1947), the Central Goverment hereby

publishes the Award (Ref. No. 190/2012) of the Cent. Govt.

Indus. Tribunal-cum-Labour Court No. 1, New Delhi as

shown in the Annexure, in the industrial dispute between

the management of Municipal Corporation of Delhi, and

their workmen, received by the Central Government on 17/

12/2013.

[No. L-42011/108/2012-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

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

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

NO. 1, DELHI

I.D. No. 190/2012

Sh. Satender Kumar

S/o Sh. Harpal Singh,

Through Delhi Udyan Karamchari Union,

B-5, Ram Gali, North Ghonda,

Delhi-110053

...........Workman

Versus

The Commissioner,

Municipal Corporation of Delhi

Town Hall, Chandni Chowk,

Delhi-110006.

...........Management

AWARD

One Shri Jai Pal Singh, S/o Shri Mahender Singh was

appointed as Mali by Delhi Development Authority on

28.12.1979. His services were transferred to Municipal

Corporation of Delhi (in short the Corporation) on

06.04.1993. He was posted in Horticulture Department,

Shahdara North Zone, Delhi. He breathed his last on

27.12.2007. Gratuity and pensionery benefits were granted

to Smt. Chando Devi, mother of the deceased. Since

Shri Jai Pal had nominated Smt. Kamlesh, his sister in law,

for benefits such as leave encashment. DLI, GPF and GIS,

hence those benefits were released in favour of the nominee.

Shri Satender Kumar son of Shri Har Pal Singh, younger

brother of the deceased, moved an application seeking

compassionate appointment with the Corporation. His

demand was not conceded to. He approached the Delhi

Udyan Karamchari Sangharsh Union (Regd.) (in short the

union) for redressal of his grievance. The Union raised a

dispute before the Conciliation Officer. Since the

Corporation contested the claim, hence conciliation

proceedings ended into a failure. On consideration of failure

report submitted by the Conciliation Officer, the dispute

was referred to this Tribunal for adjudication by the

appropriate Government, vide order No. L-42011/108/2012-

IR(DU), New Delhi dated 07.12.2012, with following terms:

"Whether the workman Shri Satender Singh, S/o

Shri Har Pal Singh is entitled to employment on

compassionate grounds with Municipal Corporation

of Delhi and if so, what relief is he entitled to?"

2. Claim statement was filed on behalf of Shri Satender

Singh, pleading therein that Shri Jai Pal Singh was serving

on the post of mali in Horticulture Department of the

Corporation since 28.12.1979. He was suffering from cancer.

He met his death on 27.12.2007. Shri Jai Pal Singh was

unmarried. He nominated Ms. Kamlesh Devi, Devender

and Shri Ravinder for his provident and other benefits. As

such, Smt. Kamlesh Devi received all benefits after death

of Shri Jai Pal Singh.

3. He applied for appointment on compassionate

grounds, which application was not conceded to by the

Corporation. Action of the Corporation amounts to

violation of provision of Articles 14, 16 and 29 of the

Constitution of India. The Corporation has not formed any

policy for compassionate appointment. Non appointment

of the claimant on compassionate grounds amounts to sheer

exploitation of labour. He claims that the Corporation may

be commanded to appoint him in its services on

compassionate grounds.

4. Claim was demurred by the Corporation pleading

therein that the claimant is not covered within the definition

of 'dependent family member'and as such, is not entitled to

compassionate appointment. Appointment on

compassionate grounds is given to one of the family

members of the deceased on whom the family was

dependent for their subtenance. Since the claimant was

not a dependent family member of the deceased Jai Pal

Singh, he has no claim for compassionate appointment.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

23

5. Smt. Chando Devi, being the only legal heir of the

deceased Shri Jai Pal Singh, was granted gratuity and

pensionery benefits. For other benefits, such as leave

encashment, GPF and GIS etc. Shri Jai Pal Singh had

nominated Ms. Kamlesh Devi, his sister in law. Therefore,

other benefits were released in favour of Smt. Kamlesh

Devi. Claimant had projected wrong claim since he was not

dependent on the deceased Shri Jai Pal Singh. His claim is

liable to be dismissed, pleads the Corporation.

6. On perusal of pleadings, following issues were

settled:

(1) Whether the claimant was one of the dependent

family members of the deceased, Shri Jai Pal Singh?

(2) As in terms of reference.

7. Shri Satender Kumar has examined himself in

support of his claim. He opted not to examine any other

witness. Corporation also opted not to examine any witness

in support of its defence.

8. Arguments were heard at the bar. Shri R.M. Sharma,

authorized representative, advanced arguments on behalf

of the claimant. Shri Umesh Gupta, authorized

representative presented facts on behalf of the Corporation.

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. 1

9. Out of facts pleaded by the parties and those

deposed by Shri Satender in his testimony, it emerged that

Shri Jai Pal Singh was serving on the post of mali in

Horticulture Department at Shahdara North Zone of the

Corporation. Shri Jai Pal Singh died on 27.12.2007. At the

time of his death, Shri Jai Pal Singh was survived by his

mother, namely Smt. Chando Devi. It has emerged over the

record that Shri Jai Pal Singh, being unmarried, was not

survived by a spouse or any children. Resultantly it is an

established fact that at the time of his death, Shri Jai Pal

Singh was survived by his old aged mother.

10. Shri Satender deposed that Smt. Kamlesh Devi,

his mother, was the nominee of Shri Jai Pal Singh. In his

testimony, he presents that benefits such as for leave

encashment, GPF and GIS were released by the Corporation

in favour of Smt. Kamlesh Devi. Facts in this regard are not

disputed by the Corporation. It was pleaded in the written

statement that benefits towards GPF, leave enchashment,

GIS etc. were released in favour of Smt. Kamlesh Devi, who

was nominated as such by the deceased, Shri Jai Pal Singh.

However, gratuity and pensionery benefits were granted

in favour of Smt. Chando Devi, mother of deceased,

Shri Jai Pal Singh. It has not been disputed by the

Corporation that certain benefits were released in favour

Smt. Kamlesh Devi, being nominee of the deceased.

11. Shri Gupta argued that Corporation had adopted

scheme for compassionate appointment, formulated by

Government of India, Shri Sharma could not dispel these

facts. Therefore, it would in the fitness of things to consider

provisions of scheme of compassionate appointment,

formulated by the Government of India. Scheme of

compassionate appointment applies to dependent family

member—

(A) of a Government servant who—

(a) dies while in service (including death by suicide), or

(b) is retired on medical grounds under Rule 2 of the

CCS (Medical Examination) Rules, 1957, or

(c) is retired on medical grounds under Rule 38 of the

CCS (Pension) Rules, 1972, or

(B) of a member of the Armed Forces who—

(i) dies during service; or

(ii) is killed in action; or

(iii) is medically boarded out and is unfit for civil

employment

12. Government servant for the purpose of the scheme

means, a Government servant appointed on rugular basis

and not one working on daily wage or casual or apprentice

or ad hoc or contract or re-employment basis. Dependent

family members have been defined under the scheme, which

category of persons are detailed below:

" Dependent family members has been advised to

mean:

(a) supouse; or

(b) son (including adopted son); or

(c) daughter (including adopted daughter); or

(d) brother or sister in the case of unmarried Government

servant or member of the Armed Forces referred above,

who was wholly dependent on the Government

servant/member of the Armed Forces at the time of

his death in harness or retirement on medical

grounds, as the case may be".

13. Question for consideration would be as to

whether claimant, who happens to be son of Shri Har Pal

Singh, Younger brother of Shri Jai Pal Singh, would fall

within the above category of persons, defined as dependent

family members. Answers lies in negative. It is not the case

of the claimant that he was an adopted son of the deceased.

In his testimony, claimant made a candid admission that he

does not fall within the definition of dependent family

member of the deceased. Therefore, it is crystal clear that

as per his own admission, claimant is not a dependent

family member of the deceased, Shri Jai Pal Singh

Resultantly, issue is answered in favour of the Corporation

and against the claimant.

24

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Issue No. 2

14. For an answer to the issues referred by the

appropriate Government in the reference order, it would be

expedient to take not of the other provisions of the scheme

of compassionate appointment. Those provisions of the

scheme contemplate that compassionate appointment can

be made to Group 'C' or Group 'D' posts against direct

recruitment quota. For consideration of application for

compassionate appointment family of the Government

servant who died in harness or retired on medical grounds

should be indigent and deserves immediate assistance for

relief from financial destitution and applicant for

compassionate appointment should be eligible and suitable

for the post in all respects. Compassionate appointments

are exempted from observance of:

(a) Recruitment procedure

(b) Clearance from the Surplus Cell of the Department of

Personnel and Training/Directorate of Employment

and Training

(c) The ban orders on filling of posts issued by the

Ministry of Finance (Department of Expenditure).

15. Upper age-limit could be relaxed wherever found

to be necessary. The lower age-limit should, however, in

no case be relaxed below 18 years of age. Age eligibility is

to be determined with reference to the date of application

and not the date of appointment. Secretary to the Ministry/

Department concerned is competent to relax temporarily

educational qualifications as prescribed in the relevant

recruitment rules. In case of appointment at the lowest

level, that is Group 'D' or LDC post, in exceptional

circumstances where the condition of the family is very

hard, such relaxation will be permitted up to a period of

2 years beyond which no relaxation of educational

qualification will be admissible and services of the persons

concerned, if still unqualified are liable to be terminated.

Where widow is appointed on compassionate ground to a

Group 'D' post, she will be exempted from the requirement

of possessing the educational qualification prescribed in

the relevant rules, provided the duites of the post can be

satisfactorily performed by her without possessing such

educational qualifications.

16. Appointment on compassionate grounds should

be made only on regular basis and that too only, if regular

vacancies meant for that purpose are available. Such

appointments can be made upto 5% of the vacancies falling

under direct recruitment quota in any Group 'C' or 'D" posts.

Ceiling of 5% for making compassionate appointment

against regular vacancies should not be circumvented by

making appointment of dependent family members of

Government servant on casual, daily wage, ad hoc, contract

basis against regular vacancies. There is no bar in

considering him for such appointment if he is eligible as

per the normal rules/orders governing such appointments.

17. Application for compassionate appointment can

be considered, if it is made belatedly, say moved after

5 years of the death of the Government servant or so. While

considering such belated requests, it should however, be

kept in view that concept of compassionate appointment

is largely related to the need for immediate assistance to

the family of the Government servant in order to relive it

from economic distress. The very fact that the family has

been able to manage somehow all these years should

normally be taken as adequate proof that the family had

some dependable means of subsistence. So such belated

requests call for a great deal of circumspection. Request

for compassionate appointment is belated or not may be

decided with reference to the date of death or retirement on

medical grounds of Government servant and not the age of

the applicant at the time consideration.

18. The person appointed on compassionate grounds

under the scheme should give an undertaking in writing

that he/she will maintain properly other family members

who were dependent on the Government servant and in

case it is provide subsequently that the family members

are being neglected or are not being maintained properly,

his appointment may be terminated forthwith. While

considering request for appointment on compassionate

grounds, balanced and objective assessment of financial

condition of the family is to be made taking into account its

assets and liabilities (including benefits received under

various welfare schemes) and all other relevant factors,

such as, presence of an earning members, size of the family,

age of the children and the essential needs of the family.

The whole object of granting compassionate appointment

is to enable the family to tide over the sudden crises and to

relive the family from financial destitution and to help it get

over the emergency.

19. The Apex Court in G. Anantha Rajeshwara Rao

[1994 (1) SCC 192] had considered the scheme of

compassionate appointments formulated by the

Government of India and ruled that appointment on

grounds of descent clearly violates article 16(2) of the

Constitution, but if the appointment is confined to the son

or daughter or widow of the Government servant who die

in harness, who need immediate appointment on the ground

of immediate need of assistance in the event of there being

no other earning member in the family to supplement the

loss of economies from the bread winner to relieve to distress

of the members of the family, it is unexceptionable. Again

in Umesh Kumar Nagpal [JT 1994 (3) SC 5325] the Apex

Court considered the scheme and laid down following

principles in that regards:

(1) Only dependents of an employee dying in harness,

leaving his family in penury and without any source

of livelihood can be appointed on compassionate

grounds.

(2) The posts in group "C" and "D" are the lowest posts

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

25

in non managerial and managerial categories and

hence those posts alone can be offered on

compassionate grounds.

(3) The whole object of granting compassionate

appointments is to enable the family to tide over the

crisis and to relieve the family of the deceased from

destitution and to help it get over the emergency.

(4) Offering compassionate appointments as a matter of

course, irrespective of financial condition of the

family of the deceased or medically retired

government servant, is legally impermissible.

(5) Neither the qualification of the applicant (dependent

family member) nor the poast held by the deceased

or medically retired government servant is relevant.

If the applicant finds it below his dignity to accept

the post offered, he is free not to accept it. The post

is not to be offered to cater his status but to see

family through the economic calamity.

(6) Compassionate appointment cannot be granted after

lapse of a reasonable period and it is not a vested

right which can be exercised at any time in the future,

and

(7) Compassionate appointment cannot be offered by

an individual functionary or on ad hoc basis.

20. In Asha Ram Chander Ambedker and others

[Jt 1994 (2) SC 183] the Apex Court ruled that the High

Courts and Administrative Tribunals cannot give directions

for appointment of a person on compassionate ground but

can merely direct consideration of the claim for such

appointment. In Dinesh Kumar [JT 1996 (5) SC 319] and

Smt. A Radhika Therumalai [Jt 1996 (9) SC 197] it was

announced that appointment on compassionate ground

can be made only if a vacancy is available for that purpose.

In Rami Devi and others [Jt 1996 (6) SC 646] it was ruled

that if the scheme relating to appointment on compassionate

ground is accepted to all sort of casual, ad hoc employees,

including those who are working as apprentice, then the

scheme cannot be justified on constitutional grounds.

21. Now, factual matrix of the countroversy is to be

considered. As concluded above, claimant is not a

dependent family member of deceased, Shri Jai Pal Singh.

Therefore, he is not entitled to relief of appointment on

compassionate grounds on that count only. Even otherwise,

claimant had not been able to forge a case that owing to

the death of Shri Jai Pal Singh, his survivors were in severe

economic distress. The very fact that the family of Shri Har

Pal Singh, of which the claimant happens to be a member,

has been able to maintain its affairs, well, make his claim

unacceptable. No evidence was brought over the record to

project that due to death of Shri Jai Pal Singh, state of

penury was faced by his survivor. No case could be

projected to show that compassionate appointment of

Shri Satender Singh was essential to enable the family to

tide over the sudden crisis and relieve it from financial

destitution to get over the emergency. Thus, on other

standards too, as projected above, claimant had not been

able to show a case in his favour. Consequently, it is

announced that Shri Satender Singh is not at all entitled

for appointment on compassionate grounds with the

Corporation. His claim is laible to be dismissed. Dismissing

the claim, an award is passed in favour of the Corporation

and against the claimant. It be sent to the appropriate

Government for publication.

Dated : 26-8-2013

R. K. YADAV, Presiding Officer

ubZ fnYyh] 18 fnlEcj] 2013

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14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj izsflMsaV] Hkkjrh;

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50@2005 dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 18@12@2013

dks izkIr gqvk FkkA

[lañ ,y&40012@1@2005&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 18th December, 2013

S.O. 12.—In pursuance of Section 17 of the Industrial

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

hereby published the Award (Ref. No. 50/2005) of the Central

Government Industrial Tribunal/Labour Court, Jaipur now

as shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of The

President, Bhartiya Mazoor Sangh, Churu, Rajasthan and

their workman, which was received by the Central

Government on 18/12/13.

[No. L-40012/1/2005-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, JAIPUR

N.K. PUROHIT, Presiding Officer

I.D. No. 50/2005

Reference No. L-40012/1/2005-IR(DU)

The President

Bhartiya Mazdoor Sangh

B-72, Sector-I, Sainik Colony,

Churu Distt. (Raj.)

V/s.

26

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

1. The General Manager

Bharat Sanchar Nigam Ltd.

Churu Distt. (Raj.).

2. The Junior Telecom Officer

BSNL, Electrical Sub-Division,

Churu Distt. (Raj.)-331001.

PRESENT

For the applicant Union:

Sh. R.C. Jain.

For the non-applicants:

Sh. B.L. Ahir.

AWARD

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub-Section 1 & 2(A) of

Section 10 of the Industrial Disputes Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:—

"Whether the action of the management of Bharat

Sanchar Nigam Ltd., Churu in terminating the services

of claimant Shri Kanta Prasad Sharma, Generator

Operator w.e.f. 26.2.2002 is legal & justified? If not,

what relief the claimant is entitled to and from which

date?"

2. The union in its statement of claim has contended

that the workman Sh. Kanta Prasad was employed by an

oral order as a generator operator in the branch of

non-applicant establishment at Sahava, Distt. Churu by

the J.E.O. Sh. Suresh Kumar Singhal. The workman had

worked there from 15.4.2001 to 26.2.2002. The workman

used for bring diesel from Shiv Filling Station & in the

receipts his name was also mentioned. It has further been

contended that despite the workman had worked for 240

days in a calender year, his services were terminated in

violation of Section 25-F of the I.D. Act on 26.2.2002 without

any notice, notice pay or compensation. It has been alleged

that no seniority list was prepared & while terminating

services of the workman, juniors to him were retained in

the job in violation of Section 25-G of the I.D. Act. It has

also been alleged that in violation of Section 25-H of the

I.D. Act., new hands were given recruitment without any

offer of re-employment to the workman. Thus, the union

has prayed for setting aside the termination order dated

26.2.2002 & reinstatement of the workman with back wages

& other consequential benefits.

3. In reply, the claim of the union has been denied.

The non-applicant has submitted that contract for

operation & maintenance of the generator was given to

M/s Devendra Construction Co., Bikaner. The workman

was not employed by the non-applicant; therefore, the

claim of the union is not maintainable. It has been denied

that workman was employed by Sh. Suresh, JEO & before

employment any training was imparted to the workman.

The non-applicant has also denied that payment of the

salary to the workman was being made by the

non-applicant. It has been submitted that merely on the

basis of bills of the petrol pump, it cannot be said that

workman was an employee of the non-applicant

establishment.

4. In rejoinder, it has been denied that workman was

an employee of the M/s Devendra Construction Company.

5. In evidence, the union has filed the affidavit of

workman Sh. Kanta Prasad. In rebuttal, the non-applicant

has filed the counter affidavits of Sh. Suresh Kumar Singhal,

Sub-Divisional Eng. (Electric), Sh. Devendra Lohia, Partner

M/s. Devendra Construction Company.

6. It is pertinent to mention that an application was

submitted on behalf of the union on 28.9.2005 to call for

certain documents i.e. seniority list, log book & payment

receipts. The said application was partially allowed & vide

order dated 7.3.2006 the non-applicant were called to

produce those receipts of the relevant period whereupon

the signature of the workman were stated to have been

affixed. In pursuance of the said order bills pertaining to

diesel purchased from Shiv Filling Station Ex-M-2 to M-21

were produced along with photocopies of other documents

pertaining to agreement with contractor M/s. Devendra

Construction Company.

7. Vide order dated 7.4.2011, document Ex-M-1 of the

non-applicant was taken on record at the stage of

non-applicant's evidence & applicant was provided an

opportunity to produce evidence in rebuttal of the said

document & in pursuance thereof, an additional affidavit

of the workman was filed on 21.7.2011.

8. Following points for determination were framed

on 6.9.2005:—

(i) Whether the workman was employed as a Generator

Operator on 15.4.2001 at Sahewa Exchange, Distt.

Churu by a verbal order of non-applicant No. 2, who

had completed 240 days of continuous work with

the non-applicant establishment and whose service

was terminated in violation of Section 25-F of the

Act?

(ii) Whether at the time of terminating the service of the

workman, the junior persons to him were retained by

the non-applicants in violation of Section 25-G of

the Act?

(iii) Whether subsequent to the termination of workman's

service, the new appointments were made by the

non-applicants in violation of Section 25-H of the

Act & Rule 78 of the Industrial Disputes (Central)

Rules, 1957?

(iv). Relief, if any.

Point No. I

9. The workman has stated in his affidavit that he

¹Hkkx II—[k.M 3(ii)º

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27

was employed by Sh. Suresh Kumar, JEO by oral order as

generator operator at Sahewa Exchange of the non-applicant

on 25.4.2001. He has also stated that prior to appointment

training was imparted to him on 13th & 14th of April, 2004

by Junior Eng. (Electronics). He has also stated that register

& log book were provided to him for work report & the

same were being verified by the senior officers. He has

further stated that he had continuously worked as generator

operator from 15.4.2001 to 26.2.2002 & had worked for more

than 240 days during a calender year. He was being paid

Rs. 2500/- per months as salary after obtaining his signature.

He has also stated that he used to bring diesel from the

Shiv Filling Station & bills Ex-W-1 to W-21 which have

been produced by the non-applicant bear his signature &

above bills have been verified by Sh. Suresh Kumar. He

has alleged that his services were terminated on 26.2.2002

without any notice, notice pay or compensation.

10. The workman in his additional affidavit dated

21.7.2011 has denied the alleged signatures on receipt

Ex-M-1. He has also denied that endoresement C to D was

made by him & amount shown in the receipt was received

from M/s Devendra Construction Company. In cross

examination he has said that his signatures on Ex-M-2 &

other receipts are dissimilar to disputed signature A to B

on Ex-M-1.

11. Countering above statement of the workman, the

management witness Sh. Suresh Kumar Singhal, Sub-

Divisional Eng. (Electric) has stated that the work of

maintenance & operation of the generator was being done

through contractor. He has denied that Sh. Kanta Prasad

was appointed by him as generator operator. He has also

denied that any training was imparted to the workman by

him. He has stated that post of generator operator never

existed in the non-applicant establishment & the workman

had not worked as generator operator under the

employment of non-applicant.

12. The management witness Sh. Suresh Singhal has

stated in cross-examination that two persons were

deployed by the construction company, one of them was

Sh. Kanta Prasad & he was operating generator during

period from 15.4.2001 to 26.2.2002. He has also stated that

the payment of the bills Ex-W-1 to W-21 was made by the

department & the above bills bear signature of the workman.

13. From the evidence of the management it is evident

that the version of the workman has been admitted by the

non-applicant to this extent only that he was operating the

generator of the non-applicant during period 15.4.2001 to

26.2.2002 & bills of diesel of Shiv Filling Station Ex-W-1 to

W-21 which are in favour of JEO bear signature of the

workman.

14. Thus, the question survives for consideration is

whether the workman was working as an employee of the

non-applicant Department & employer employee relations

existed between the workman & the non-applicant.

15. The Id. Representative on behalf of the workman

contends that workman was appointed as generator

operator by sh. Suresh Singhal & he was not operating the

generator on behalf of the M/s. Devendra Construction

Company. Had he been the employee of the construction

company, the bills of Shiv Filling Station should have been

in the name of the construction company or in the name of

the workman. He further contends that the workman has

denied his alleged signature on receipt Ex-M-1 & the

admitted signatures of the workman differ from the disputed

signature of the workman on Ex-M-1. He also contends

that it is not believable that an amount of Rs. 25000/- for

the period from 15.4.2001 to 15.2.2002 was paid to the

workman at a time by the said receipt. It is evident from the

receipt itself that the same is not genuine & such receipt

cannot be relied upon.

16. Per contra, the Id. Representative on behalf of

the non-applicant submits that no post of generator

operator ever existed. The workman was never employed

by the non-applicant as generator operator. Sh. Suresh

Singhal has denied that the workman was employed by

him as generator operator. He further submits that the non-

applicant establishment is an Government establishment

& no appointment can be made without following due

procedure. He also submits that signature of the workman

on receipt Ex-M-1 resembles with the admitted signature of

the workman on Ex-M-2. From the oral & documentary

evidence produced by the non-applicant it is establishment

that the workman was operating the generator as an

employee of the Construction Company & employer

employee relation never existed between the workman &

the non-applicant.

17. I have given my thoughtful consideration on the

above rival submissions.

18. The workman has stated that he was appointed

by the non-applicant & has asserted the employer employee

relationship. The non-applicant has denied such

relationship; therefore, it is for the workman & not for the

non-applicant to prove the fact by adducing evidence.

19. The workman in his claim statement has not

alleged that the contract entered into by & between the

management & the contractor M/s. Devendra Construction

Company being sham & bogus & he was direct employee

of the management. He has taken a definite stand that he

was appointed as generator operator by JEO Sh. Suresh

Singhal.

20. Thus, burden was upon the workman to establish

that he was in fact employed by the non-applicant.

21. The workman has stated that he was orally

employed by Sh. Suresh Singhal, JEO as generator operator.

The workman has also stated that after interview two day's

28

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

training was imparted to him but he has not produced any

document in this regard. The workman has stated that salary

was used to be paid to him by Sh. Suresh Singhal, JEO after

obtaining his signature on the receipt but he has not

produced any record in this regard also. In statement of

claim, it has been pleaded by him that he was allotted

government accommodation & he was residing there but

to substantiate his statement he has not produced any

documentary evidence. He has admitted that government

accommodation was for BSNL employees only. In cross

examination he could not state whether there was any post

of generator operator in the non-applicant establishment.

Thus, except his own statement in the affidavit in his favour,

he has not produced any documentary evidence to establish

that he was in fact an employee of the non-applicant.

22. The management has produced docuemnts Ex-

M-2 to M-21 which are photocopies of the bills given by

Shiv Filling Station regarding diesel supplied. These bills

have been issued in favour of JEO (Electrical) & some of

these bills bear signature of the workman. It has been

contended on behalf of the workman that above bills show

that the workman used to bring diesel from the Shiv Filling

Station for operating generator at Sahava Exchange of the

non-applicant as an employee of the non-applicant.

23. Upon persual of the record it reveals that the

diesel required for the generator was to be supplied by the

department however, the contractor was required to make

his own arrangements for transportation from the petrol

pump to generator installation. It reveals that payment of

diesel was to be made by JEO & diesel from filling station

was to be brought by the contractor.

24. In view of the above, I find considerable force in

the contention of the ld. Representative for the non-

applicant that even if, the workman was bringing diesel for

operating generator & bills were given in favour of the

JEO, it cannot be inferred on the basis of Ex-M-2 to M-21

that he was an employee of the non-applicant.

25. The mangement witness Sh. Suresh Singhal has

stated that the work of operation & maitenance of the

generator was being done by the contractor M/s Devendra

Construction Company & log book was to be maintained

by the contractor. The payment for performing the said

work was used to be made to the contractor.

26. The above statement of the management witness

also finds support from the statement of the management

witness Sh. Devendra Lohia, partner M/s Devendra

Construction Company who has stated that contract for

the work related to generator operator for the period

15.4.2001 to 21.6.2002 was given to the company & for this

purpose, the workman was engaged by the company for

operating generator & payment was made to him by the

company. He has also stated that as per agreement payment

of the bills regarding diesel was made by the non-applicant.

In this regard, the management has also produced the

receipt Ex-M-1.

27. The workman has denied the disputed signature

on the receipt Ex-M-1 whereas the management witness

Sh. Devendra Lohia has stated that the said receipt bears

signature of the workman. Upon careful persual of the

receipt, it appears that there is similarity in the disputed

signature on the Ex-M-1 receipt & admitted signature on

the bill Ex-M-2, therefore, the contention advanced on the

behalf of the union in this regard cannot be sustained which

is repelled accordingly.

28. In view of above discussion, the workman has

failed to prove that he was employed by the non-applicant

as generator operator against the post of generator operator

& employer employee relation existed between him & the

non-applicant. Thus, the provisions of Section 25-F of the

I.D. Act are not attracted. Accordingly, this point is decided

against the applicant.

Point No. II

29. The workman has stated in his affidavit that while

terminating his services no seniority list was prepared &

juniors to him where retained in the job.

30. Management witness Sh. Suresh Kumar Singhal

has stated that the workman was neither given any

appointment nor his services were terminated, therefore,

there was no need to prepare any seniority list. He has also

denied alleged violation of Section 25-G of the I.D. Act.

31. The workman has not disclosed the name of the

person who was junior to him & allegedly retained by the

non-applicant. Except his bald statement there is nothing

on record to substantiate his statement that any junior

person was retained in job in violation of Section 25-G of

the I.D. Act. Thus, on this point the applicant union has

failed to produce any reliable evidence in support of its

plea & testimony of the workman on this point is feeble.

Accordingly, this point is decided against the applicant

union.

Point No. III

32. The union has pleaded in its claim statement that

after terminating the services of the workman other person

has been appointed on the post of generator operator. The

non-applicant has denied the above facts.

33. The workman in his affidavit has stated that after

terminating his services, Sh. Premprakash was appointed

as Generator Operator without any offer of re-employment

to him.

34. The management witness has stated that the

workman was never given any appointment by the non-

applicant; therefore, question did not arise for offer of re-

employment.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

29

35. The union has not produced any document in

support of the statement of the workman that new hand

Sh. Premprakash was appointed as Generator Operator.

Apart that, the name of Sh. Premprakash as a new appointee

has not been disclosed in the statement of claim & it is

only in the affidavit of the workman, his name has been

disclosed which is an after thought statement & cannot be

relied upon. Further, he has failed to prove that employer

employee relations existed between him & the non-

applicant. Therefore, the workman has failed to prove

violation of the provisions of Section 25-H of the I.D. Act.

Therefore, this point is also decided against the workman.

Point No. IV

36. In view of the conclusion drawn in respect of

points no. I to III, the workman has failed to prove that the

alleged action of the management of the non-applicant was

in violation of provisions of section 25-F, 25-G & 25-H of

the I.D. Act.

37. To conclude, the applicant union has not

succeeded in establishing its claim which deserves to be

rejected.

38. Accordingly, the reference under adjudication is

answered in negative against the applicant union & in

favour of the non-applicant. Resultantly, the workman is

not entitled to any relief.

39. Award as above.

40. Let a copy of the award be sent to Central

Government for publication u/s 17(1) of the I.D. Act.

N. K. PUROHIT, Presiding Officer

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New Delhi, the 18th December, 2013

S.O. 13.— In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 196/2012) of the Cent.

Govt. Indus. Tribunal-cum-Labour Court No. 1, New Delhi

as shown in the Annexure, in the industrial dispute between

the management of Municipal Corporation of Delhi, and

their workmen, received by the Central Government on

17.12.2013.

[No. L-42012/139/2012 - IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

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

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

NO. 1, DELHI

I.D. No. 196/2012

Smt. Angoori, W/o Sh. Badri,

Nagar Nigam Karamchari Sangh,

Delhi Pradesh, P-2/624,

Sultanpuri, Delhi - 110045.

.......Workman

Versus

The Commissioner,

Municipal Corporation of Delhi

Town Hall, Chandni Chowk,

Delhi - 110006.

.......Management

AWARD

Shri Badri, S/o Shri Shiv Singh was working as beldar

on daily wage basis at Alipur Store, Narela Zone, Municipal

Corporation of Delhi (in short the Corporation). He breathed

his last on 24.01.1996. Smt. Angoori, survived the deceased

employee. She claimed for grant of family pension. Since

the deceased. Shri Badri was a casual employee, the

Corporation denied claim of family pension, put forward

by Smt. Angoori, widow of the deceased employee. Shri

approached the Nagar Nigam Karamchari Sangh (in short

the union) for redressal of her grievances. The union raised

a dispute before the Conciliation Officer. Since the

Corporation contested the claim, conciliation proceedings

ended into a failure. On consideration of failure report, so

submitted by the Conciliation Officer, appropriate

Government referred the dispute to this Tribunal for

adjudication vide order No. L: 42102/139/2012-IR(DU) New

Delhi dated 07.12.2012, with following terms:

"Whether action of the management of Municipal

Corporation of Delhi in denying family pension to

Smt. Angoori Devi, wife of late Shri Badri from the

date of death of the deceased workman, Shri Badri

with effect from 24.01.1996 is justified or not? If not,

what relief the workman is entitled to and from which

date?"

2. In the reference order, the appropriate Government

commanded the parties to the dispute to file statement of

claim, complete with relevant documents, list of reliance

and witnesses with this Tribunal within 15 days of receipt

of the reference order and to forward a copy of such

statement of claim to the opposite parties involved in the

dispute. Despite directions, so given, Smt. Angoori opted

30

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

not to file her claim statement with the Tribunal.

3. Notice was sent to Ms. Angoori by registered post

on 27.12.2012, calling upon her to file claim statement before

the Tribunal on or before 17.01.2013. This notice was sent

to her through the union, at P-2/624, Sultanpuri, Delhi, the

address provided by the appropriate Government in order

of reference. Neither the claimant nor the union responded

to the notice, so sent.

4. Since none came forward on behalf of the claimant

to file her claim statement, fresh notice was sent to her by

registered post on 22.01.2013 calling upon her to file claim

statement before the Tribunal on 11.02.2013. Notices were

also transmitted to the claimant by registered post on

12.02.2013 and 12.03.2013 asking her to file her claim

statement on or before 08.03.2013 and 09.04.2013

respectively. Lastly, notice dated 10.04.2013 was sent by

registered post commanding the claimant to file her claim

statement before the Tribunal on or before 24.05.2013.

Neither the postal articles, referred above, were received

back nor was it observed by the Tribunal that postal services

remained affected in the period, referred above. Therefore,

every presumption lies in favour of the fact that the above

notices were served upon the claimant. Despite service of

these notices, claimant opted to abstain away from the

proceedings. No claim statement was filed on her behalf.

5. Since onus of the question referred for adjudication

was there on the Corporation, it was called upon to file its

response to the reference order. In its response to the

reference order, the Corporation projects that the claim is

not maintainable on the grounds of delay and latches, since

the dispute has been raised after along gap of 16 years. No

notice of demand was served on the management prior to

raising of dispute, hence it has not acquired status of an

industrial dispute. Even otherwise, Shri Badri never worked

with the Corporation as a regular employee and as such,

the claimant is not entitled for any family pension, after his

death. It has been projected that the claim is liable to be

dismissed.

6. Arguments were heard at the bar. None came

forward on behalf of the claimant to advance arguments.

Shri Umesh Gupta, authorized representative, raised

submissions on behalf of the Corporation. 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. Corporation contests the dispute on the count

that no notice of demand was served on it prior to raising a

dispute before the Conciliation Officer. These facts also

remained uncontroverted. The object of the Industrial

Disputes Act, 1947 (in the short the Act) is to protect

workman against victimization by the employer and ensure

termination of industrial dispute in a peaceful manner. The

Act, however, does not provide for any set of social and

economic principles for adjustment of conflicting interests.

Such norms have been evolved and devised by industrial

adjudication, keeping in view the social and economic

conditions, the needs of the workmen, the requirement of

the industry, social justice, relative interests of the parties

and common good. These norms have given rights to the

industrial employees what may be called industrial rights,

as such rights may not be available at common law. Disputes

as to the conditions of employment can be resolved by

resorting to a technique known as collective bargaining.

This tool is resorted to between an employer or group of

employers and a bonafide labour union. Policy behind this

is to protect workmen as a class against unfair labour

practices. What imparts to the dispute of a workman the

character of an "industrial dispute" is that it affects the

right of the workmen as a class.

8. An industrial dispute comes into existence when

the employer and the workman are at variance and the

dispute/difference is connected with the employment or

non-employment, terms of employment or with conditions

of labour. In other words, dispute or difference arises when

a demand is made by the workman on the employer and it is

rejected by him and vice versa. In Sindhu Resettlement

Corporation Ltd. [1968(1) LLJ 834], the Apex Court has

held that mere demand, asking the appropriate Government

to refer a dispute for adjudication, without being raised by

the workmen with their employer, regarding such demand,

cannot become an industrial dispute. Hence, an industrial

dispute cannot be said to exist until and unless a demand

is made by the workman or workmen on the employer and

it has been rejected by him. In Fedders Lloyd Corporation

Pvt. Ltd. [1970 Lab.I.C.421], High Court of Delhi went a

step ahead and held that "......demand by the workman

must be raised first on the management and rejected by it,

before an industrial dispute can be said to arise and exist

and that the making of such a demand to the Conciliation

Officer and its communication by him to the management,

who rejected the demand, is not sufficient to constitute an

industrial dispute."

9. The above decision was followed by Orissa High

Court in Orissa Industries Pvt. Ltd. [1976 Lab.I.C. 285] and

Himachal Pradesh High Court in village Paper Pvt. Ltd.

[1993 Lab.I.C. 99]. However, the Apex Court in Bombay

Union of Journalists [1961 (2) LLJ 436] had ruled that an

industrial dispute must be in existence or apprehended on

the date of reference. If, therefore, a demand has been made

by the workman and it has been rejected by the employer

before the date of reference, whether direct or through the

Conciliation Officer, it would constitute an industrial dispute.

In Shambhunath Goyal [1978(1) LLJ 484], the Apex Court

appreciated facts that the workman had not made a formal

demand for his reinstatement in service. However, he had

contested his dismissal before the Enquiry Officer and

claimed reinstatement. Against the findings of the Enquiry

Officer, he preferred an appeal to the Appellate Authority,

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

31

claiming reinstatement on the ground that his dismissal

was bad in law. Then again, he claimed reinstatement before

the Conciliation Officer in the course of conciliation

proceedings, which was contested by the employer.

Appreciating all these facts, the Apex Court inferred that

there was impeccable evidence that the workman had

persistently demanded reinstatement rejection of which

brought an industrial dispute into existence.

10. In New Delhi Tailor Mazdoor Union [1979 (39)

FLT 195], High Court of Delhi noted that Shambunath Goyal

had not overruled Sindhu Resettlement Pvt. Ltd. But it had

distinguished it on facts. It was also pointed out that

decision of three Judges bench in Sindhu Resettlement

Pvt. Ltd. could not have been overruled by two Judge

bench in Shambunath Goyal. The High Court concluded

that decision in Sindhu Resettlement Pvt. Ltd., in case of

any conflict between the two decisions, must prevail. The

High Court held that making of the demand by the workman

on the management was sine qua non for giving rise to an

industrial dispute.

11. The High Court of Madras in Management of

Needle Industries [1986(1) LLJ 405] has held that dispute

or difference between management and the workman,

automatically arises when the workman is dismissed from

service. His dismissal per se creates a dispute or difference

between the management and the workman. The Court

further observed that "it is nowhere stipulated in the Act,

particularly in section 2(k), that existence of the dispute as

such is not enough but then there should be a demand by

the workman on the management to give rise to an industrial

dispute". However, this decision appears to be inconsistent

with the ratio of decision in Bombay Union of Journalists

(supra) and Sindhu Resettlement (supra). No doubt, for

existence of an industrial dispute, there should be a demand

by the workman and refusal to grant it by the management.

However, a demand should be raised, cannot be a legal

notion of fixity and rigidity. Grievances of the workman

and demand for its redressal must be communicated to the

management. Means and mechanism of the communication

adopted are not matters of much significance, so long as

demand is that of the workman and it reaches the

management. Reference can be made to the precedent in

Ram Krishna Mills Coimbatore Ltd. [1984 (2) LLJ 259].

12. The Act nowhere contemplates that the industrial

dispute can come into existence in any particular, specific

or prescribed manner nor there is any particular or prescribed

manner in which refusal should be communicated. For an

industrial dispute to come into existence, written claim is

not sine qua non. To read into the definition, requirement

of written demand for bringing an industrial dispute into

existence would tantamount to rewriting the section,

announced the Apex Court in Shambunath Goyal (supra).

In other words, oral demand and its rejection will as much

bring into existence an industrial dispute, as written one. If

facts and circumstances of the case show that the workman

had been making a demand, which the management had

been refusing to grant, it can be said that there was an

industrial dispute between the parties.

13. Since the claimant had not come forward to project

that demand notice was served on the Corporation, under

these circumstances, stand taken by the Corporation is to

be believed. The Corporation projects that no notice of

demand was served on it, before industrial dispute was

raised before the Conciliation Officer. Thus, it is emerging

over the record that it has not been established that demand

was raised on the Corporation, which was rejected by it

and as such, dispute has not acquired status of an industrial

dispute.

14. The Corporation further projects that a stale claim

has been made, since it has been raised after a long gap of

16 years. Section 10(1) of the Act does not prescribe any

period of limitation for making reference of the dispute for

adjudication. The words 'at any time' used in sub section

(1) of section 10 of the Act, does not admit of any limitation

in making an order of reference. Law of limitation, which

might bar any Civil Court from giving remedy in respect of

lawful rights, cannot be applied by Industrial Tribunals.

However, policy of industrial adjudication is that stale claim

should not be generally encouraged or allowed unless there

is satisfactory explanation for delay. In Shalimar Works

Ltd. [1959 (2) LLJ 26], the Apex Court pointed out that

though there is no limitation prescribed in making reference

of the dispute to Industrial Tribunal, even so, it is only

reasonable that disputes should be referred as soon as

possible after having arisen and on failure of conciliation

proceedings. In Western India Match Company [1970 (2)

LLJ 256] the Apex Court observed that in exercising its

discretion, Government will take into account time which

has lapsed between its earlier decision and the date when

it decides to consider it in the interest of justice and

industrial peace to make the reference for adjudication.

Same view was taken in Mahabir Jute Mills Ltd. [1975 (2)

LLJ 326]. In Gumali Singh [2000 (1) LLJ 1080] Industrial

Adjudicator dismissed the reference on the ground that

there was delay of 8 years in raising the dispute, which

delay was condoned by the Apex Court and it was ordered

that the workman would not be entitled to any back wages

for the period of 8 years but would be entitled to 50% of

wages from the date it raised the dispute till the date of his

reinstatement. In Prahalad Singh [2000 (2) LLJ 1653], the

Apex Court approved the Award of the Tribunal in not

granting any relief to the workman who preferred the claim

after a period of 13 years without any reasonable or

justifiable grounds. From above decisions, it can be said

that the law relating to delay in raising or reference of dispute

is bereft of any principles, which can be easily

comprehended by the Litigants.

15. Claimant raised the dispute is respect denial of

32

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

family pension to her after death of the deceased workman,

Shri Badri with effect from 24.01.1996. The dispute was

raised by her in the year 2012. Thus, it is emerging over the

record that the claimant had raised the dispute after a long

gap of 16 years. No explanation has been offered for this

inordinate delay. It appears that there was no industrial

dispute in existence or could be even said to have been

apprehended in the year 2012, when the appropriate

Government applied its mind to the facts of the present

controversy.

16. For claim of family pension, it was incumbent

upon the claimant to establish that her husband was

appointed with the Corporation against a sustentative post.

As projected in response to the reference order, Shri Badri

was engaged as a casual beldar. This fact finds

corroboration from the claim statement, which was filed by

the claimant before the Conciliation Officer. The

Corporation made me to go through copy of the claim

statement wherein it has been mentioned that Shri Badri

was employed as beldar on daily wage basis at Alipur Store,

Narela zone of the Corporation. Therefore, it is evident that

as per own case of the claimant, her husband was not

working on any substantive post. Casual beldar is not borne

on the strength of the Corporation where he was engaged

intermittently in exigencies of service. Therefore, such

casual employee would not render any service within the

meaning of Central Civil Services (Pension) Rules, 1972. In

view of these facts, widow of deceased, Shri Badri is not

entitled to raise a claim for family pension. Resultantly, it is

concluded that action of the Corporation in denying family

pension to Smt. Angoori is found to be justified. Smt.

Angoori is not entitled to any relief on factual proposition

too.

17. The foregoing reasons make me to conclude that

Smt. Angoori is not entitled to any family pension. Action

of the Corporation in denying family pension to

Smt. Angoori is found to be justified. No relief can be granted

in favour of Smt. Angoori. An award is, accordingly, passed.

It be sent to the appropriate Government for publication.

R. K. YADAV, Presiding Officer

Dated: 26-08-2013

ubZ fnYyh] 18 fnlEcj] 2013

dkñvkñ 14-—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chñ,lñ,uñ,yñ]

fMczwx<+ 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;] xqokgkVh ds iapkV ¼lanHkZ la[;k

07@2011½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 18@12@2013

dks izkIr gqvk FkkA

[lañ ,y&40012@111@2010&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 18th December, 2013

S.O.14.— In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 07/2011) of the

Central Government Industrial Tribunal/Labour Court,

Guwahati now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of BSNL, Dibrugarh and their workman, which

was received by the Central Government on 18/12/2013.

[No. L-40012/111/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, GUWAHATI, ASSAM

PRESENT: Shri L.C. Dey, M.A., LL.B., Presiding Officer,

CGIT-cum-Labour Court, Guwahati,

Ref. Case No. 07 of 2011.

In the matter of an Industrial Dispute between:—

The Management of BSNL, Dibrugarh.

-Vrs-

Their Workman Miss Anjali Dutta.

APPEARANCES:

For the Workman.

:

Mr. S.K. Barkataki, Advocate.

Ms. B. Sarma, Advocate.

For the Management.

:

Mr. B.C. Pathak, Advocate.

Date of Award: 24-10-13

AWARD

1. This Reference has been initiated on an Industrial

Dispute raised between the employer in relation to the

Management of Bharat Sanchar Nigam Limited (in short

BSNL), Dibrugarh, and their workman, which was referred

by the Ministry of Labour, Government of India, New Delhi

vide their Order No. L-40012/111/2010-IR(DU) dated

05.05.2011. The Schedule of this Reference is as under.

SCHEDULE

"Whethere the action of the Management of Bharat

Sanchar Nigam Ltd., Diburgarh represented by the

General Manager, BSNL, Dibrugarh, in terminating

the Services of Miss Anjali Dutta w.e.f. May, 2009, is

legal and justified? What relief the workman is

entitlted to?"

2. On receipt of the order in Reference, this Reference

case has been registered and notices were served upon

both the parties. Accordingly the workman and the

Management appeared and submitted their claim statement/

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

33

written statement respectively. On 23.9.2011 this Tribunal

received a petition by Post from the workman with prayer

for withdrawal of the reference while notice was issued

upon the workman directing her to appear before this

Tribunal to submit her evidence-on-Affidavit for withdrawal

of the case but she did not appear on the fixed date. On

4.1.2013 Mr. S.K. Barkataki, learned Advocate appeared

and filed a petition being No. 122 on behalf of the workman

stating that the workman is willing to proceed with the

case and prayed for adjournment and allowing time.

Accordingly petition was allowed. Thereafter, Mr. Barkataki,

learned Advocate appeared and adjournments were

allowed in favour of the workman on 20.2.2013 and

08.04.2013. Again on 3.7.2013 Mr. S.K. Barkataki, learned

Advocate by filing a petition prayed for time for filing

Vakalatnama and additional claim statement by the workman

showing cause of illness, which was allowed. On 01.08.2013,

Smti B. Sarma, learned Advocate submitted another petition

No. 513/13 stating that the workman did neither appeared

before them nor contact them and even the workman did

not response in spite of making telephonic contact by the

learned Advocate and hence, prayed for allowing the

learned Advocate to withdraw from this Reference.

Accordingly the petition was allowed and notice was issued

upon the workman with direction to appear before this

Tribunal in person through his engaged counsel and to

attend the proceeding. The said notice was served upon

the workman as it appears from the A/D card returned after

service but the workman did not turn up as such, the

Reference proceeded ex-parte against the workman and

the Management was allowed opportunity to be heard

ex-parte vide order dated 9.10.2013. But the Management

is found absent and hence, this Reference has been taken

up for disposal on the material available on record.

3. On perusal of claim Statement submitted by the

workman Miss Anjali Dutta, it appears that the workman

was in continuous service of the BSNL, Dibrugarh since

November, 2005 to August, 2009 for more than 4 years in

the Data Entry Department of BSNL and its allied works on

various pay amounts. But the workman was suddenly

terminated from her service without serving any notice or

assigning any reason whatsoever by the Management of

BSNL, Dibrugarh. Hence, the workman raised this dispute

before the Assistant Labour Commissioner (C), Dibrugarh

filing written complaint. Accordingly, the Assistant Labour

Commissioner (C), Dibrugarh notified the same to the

Manager, BSNL, Dibrugarh asking them to file written

answer of the said complaint when the Management

submitted its written comment stating therein, amongst

other irrelevant things, that the workman was working under

a contractor on contract basis but inspite of having given

several chances by the Assistant Labour Commissioner

(C), Dibrugarh the Management did not prove in any manner

whatsoever that the said workman was working under any

contractor or that she was a temporary worker. Then the

workman was given another chance by Assistant Labour

Commissioner (C) to submit additional written statement in

support of her case while the workman applied for some

information of her service in the BSNL through the RTI but

the same was refused. Subsequently the conciliation

proceeding held by the Assistant Labour Commissioner

(C) but it failed and this Reference has been initiated. The

workman mentioned that unless appropriate adjudication

is made after taking into account all the relevant documents

submitted herewith and by considering all the aspects

including the workman's age, qualification, length of service

and the humanitarian ground, the workman will suffer great

loss and injustice and hence, the workman prayed to pass

orders giving appropriate relief and compensation to the

workman.

In support of her contention the workman submitted

the photo copies of the documents namely the complaint

raised by the workman before the ALC (C), Dibrugarh, the

letter issued by the ALC, Dibrugarh asking the Management

in submitting their comments/views on the complaint, the

comment of the Management, the Notices issued upon the

parties for holding conciliation, the proceedings of

conciliation, the certificate issued by the Management in

favour of the workman, the report of the ALC and the copies

of other qualification certificate of the workman.

4. The Management, on the other hand, submitted

their written statement stating, inter-alia, that the workman

being a contract labourer engaged by the contractor should

have impleaded the contractor as her immediate employer

and as the Management is a Corporation of the Government

of India and a Government Company duly registered and

incorporated under the Companies Act, 1956 having its

various administrative and functional offices in different

states including one Telecom District at Dibrugarh and

hence, the Management is a State within the meaning of

Article12 of the Constitution of India and as such the

Reference case with the schedule appended is not

maintainable in this Forum for adjudication of the matter.

The Management stated that considering the increasing

works of contingent nature they decided to get the work

done by tender system and then the Management floated

tender on 22.12.2006 issuing notice inviting tender for the

work of Data feeding and record creation in computer in

various offices of Telecom District, BSNL, Dibrugarh. The

Notice Inviting Tender incorporated all the regulating terms

and conditions including payment of contractor's bills etc.

including an arbitration clause relating to any dispute

between the contractor and the BSNL and in Annexure-A

the schedule of the rates of works were indicated.

Accordingly as many as six Contractors participated by

the said Notice Inviting Tender was cancelled on 13.7.2007.

Again another Notice Inviting Tender was issued on

29.9.2007 for the similar works and on the said terms and

conditions was published in the Newspaper namely the

Assam Tribune, Dibrugarh dated 4.10.2007. Ultimately the

34

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

contractors namely Electro Power Associates, Dibrugarh,

R.M. Enterprise, Dibrugarh, Data Com Computer Service,

Dibrugarh, H.I. Electricals, Dibrugarh, S.M. Electricals,

Dibrugarh and R.K. Traders, Dibrugarh were selected and

they also entered into an agreement with the BSNL.

Subsequently on 21.11.2008 again Notice Inviting Tender

was issued for Data Feeding and record creation in computer

for the Management and the said Notice Inviting Tender

incorporated other terms and conditions and altogether

three contractors are found qualified and the work orders

were issued. The Management of BSNL, Dibrugarh received

a letter dated 22.9.2009 from the Assistant Labour

Commissioner (C), Dibrugarh including representation

relating to the dispute raised by the workman Anjali Dutta.

In response to the said notice the Management appeared

before the ALC(C), Dibrugarh and submitted written

comment refuting the allegations brought against the

Management and accordingly the conciliation was held

but in the final round of conciliation it ended on failure.

The Management contended that the documents

submitted by the workman along with her claim statement

i.e. copies of certificate allegedly issued by the SDE (Group),

Dibrugarh, on 28.7.2008 certifying her to be working in

computer data entry activities of BSNL from June, 2006 till

date but no such officer having any power or authority

under any circumstances to issue any such alleged

certificate and hence, the Management decided to issue

show cause notice during the pendency of this Reference

and explanation were called for from Sri S.K. Duarah &

Sri G.P. Chetia, JTO (Mobile) asking them as to what

authority they had issued the certificates. The Officer

concerned by their show cause stated that the said

certificate was never issued by them and the signature is

also not their own which is a forged one. The Management

also issued letter seeking details of the workman but no

response from the contractor so far.

Management further mentioned that the workman

was never engaged by the BSNL and there is no Data

Entry Operator in the BSNL as alleged by the workman.

However the workman might have been engaged by the

contractor of BSNL who were given work orders from time

to time; and there is no prove to show any record as to

what specific period and what duration in hours per day

the workman was engaged by the contractor, if she was

engaged as a contract labourer. The workman made some

averments in her claim statement which are baseless, false

and not supported by any documentary proof, as such,

the case of the workman deserves to be dismissed. The

Management also mentioned that they neither engaged

the workman in any service nor terminated from service

and hence, there is no question of any notice or to assign

any reason relating to her alleged termination. The workman,

if at all, engaged by the contractor as contract labourer,

she had suppressed that fact and never impleaded the

concerned contractor. It is also averred that the contract

with the contractor came to an end as per agreement as

there was no further need, now new tender was invited

subsequently. In order to get the benefit under the

Industrial Dispute Act, 1947 and the legality and validity of

termination/retrenchment under Section 25-F the workman

must show that he was worked for 240 days in continuous

service as defined under Section 25-B(2)(a)(ii) of the said

Act lies on the workman. But the workman was never

engaged by the BSNL and there is nothing on the record to

show that the workman had ever completed 240 days in

engagement during 12 consecutive months in continuous

service. Hence, the workman is not entitled to any relief

and the Reference is liable to be dismissed. In support of

their contention the Management submitted certain

documents namely the copies of Notice Inviting Tender,

the paper advertisement, the agreements entered into

between the BSNL and the service provider i.e. contractor,

the reference made by ALC (C), Dibrugarh along with the

documents submitted by the workman, the show cause

notice issued upon the JTO (mobile) and their reply

thereupon etc.

5. On perusal of the pleadings of both the sides it is

reveled that the claim of the workman is that she was

engaged by the BSNL in Data Entry Department and its

allied works on various pay amounts from November, 2005

to August, 2009 and she was suddenly terminated from

that service without serving any notice whatsoever from

the end of BSNL. But the workman has neither been able to

substantiate her claim by adducing evidence and filing

relevant document regarding her appointment as well as

the mode of appointment, such as appointment letter/

discharge letter nor she could appear before this Tribunal

and to prove her contention adducing supporting

evidence. The Management of BSNL, Dibrugarh on the

other hand, took the plea that the workman might be a

contract labourer under the contractors selected for the

works of Data Entry etc. in computer and as they are not

the immediate employer of the workman the question of

issuing any discharge notice, payment of benefits of

dicharge/retrenchment does not arise. The Management

also took another plea that the copy of certificate produced

by the workman is a forged and fake one as the officer S.K.

Dohara, JTO (mobile) in his explanation submitted before

the Management clearly mentioned that the said certificate

was never issued by him and the signature appear in the

said certificate is also not of his own which is a forge one.

6. It is well established principle of law that the onus

of proving continuous service in order to get the benefit

u/s 25(f) of the ID Act lies on the workman to prove that he

has worked for 240 days in continuous service as defined

u/s 25 (B) (ii) (a) (ii) of the Act. In this connection I am to

inclined to rely upon the cases of (1) Range Forest Officer-

Vs-S.T. Hadimani reported in (2002) 3 SCC 25; (2) Ranip

Nagar Palika-Vs-Babuji Gabhaji Thakore & Others reported

in (2007) 13 SCC 343.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

35

In the present reference the workman after filing

written statement found reluctant to appear before this

Tribunal and to prove her pleading. Even the workman was

found willing to withdraw the proceedings by filing petition

by Post and the learned Advocate appeared on behalf of

the workman and ultimately prayed for withdrawal from the

Reference due to lack of communication with the learned

Advocate. Even the workman is found disobeying the

process of the Court. Thus it is clear from the above

discussion that the workman has failed to prove her case

and as such, the workman is not entitled to any relief as

prayed for. Accordingly this reference is disposed of

without granting any relief.

7. Send the no relief Award to the Government as per

law.

Given under my hand and seal of this Court on this

24th day of October, 2013, at Guwahati.

L.C. DEY, Presiding Officer

ubZ fnYyh] 18 fnlEcj] 2013

dkñvkñ 15-—vkS|ksfxd fookn vfèfu;e 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj funs'kd]

,lñohñ,uñvkbZñvkjñVhñvkj 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 ,o Je U;k;ky;] Hkqous'oj ds iapkV

¼lanHkZ la[;k 11@2009½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

18@12@2013 dks izkIr gqvk FkkA

[lañ ,y&42012@53@2008&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 18th December, 2013

S.O. 15.— In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 11/2009)

of the Central Government Industrial Tribunal/Labour

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

the Industrial Dispute between the employers in relation to

the management of The Director, SVNIRTAR, Olatpur,

Cuttack and their workman, which was received by the

Central Government on 18/12/2013.

[No. L-42012/53/2008-IR (DU)]

P. K. VENUGOPAL, Section Officer

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. 11/2009

Date of Passing Award-24th October, 2013

Between:

The Director, SVNIRTAR

At/Po. Olatpur, Cuttack

1st Party-Management

(AND)

Their workman Shri Banku Bhoi,

S/o, Shri Birabar Bhoi, At. Damodarpur,

(Pradhan Sahi), Po. Kantapara, Cuttack

.... 2nd Party

Workman

APPEARANCES:

Shri S.N. Majhi,

For the 1st Party-

Auth. Representative

Management

Shri Banku Bhoi

For himself the 2nd

Party-Workman

AWARD

The Government of India in the Ministry of Labour

has referred an industrial dispute existing between the

employers in relation to the management of SVNIRTAR

and their workman 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 vide its letter No. L-42012/

53/2008-IR (DU) dated 16.2.2009 in respect of the following

matter.

"Whether the action of the management of Swami

Vivekananda National Institute of Rehabilitation

Training and Research in terminating the services of

Shri Banka Bhoi w.e.f. 26.09.2007 is legal and justified?.

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

2. The 2nd Party-workman has filed his statement of

claim stating that the 1st Party-Management is an industrial

establishment under the Ministry of Social Justice and

Empowerment, Government of India. The main object of

the said establishment is to give medical facilities to the

orthopedic and physically handicapped persons and also

manufacture artificial limbs and provide the same of the

physicially handicapped persons. Previously it was known

as National Institute of Rehabilitation Training & Research,

but subsequently its name was changed to SVNIRTAR.

The 2nd Party-workman was initially appointed in the post

of garden mali on 20.5.1994 on daily wage basis @

Rs. 52.50 per day in the maintenance section of the

establishment. He had worked as garden mali till 30.4.2002

and thereafter was engaged in the office canteen on 2.5.2002

by the order of the Director. He had continuously worked

in the canteen till 10.10.2007, but he was not paid salary for

the period from 26.9.2007 to 10.10.2007. On 10.10.2007 he

was instructed not to come to the canteen from 11.10.2007

without assigning any reason. He requested the Director

to allow him to continue in his employment, but despite his

36

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

assurances no positive action was taken. He has not

committed any misconduct of disobedience, but had

worked sincerely and honestly to the best satifaction of

the authority. The order of refusal of employment is highly

illegal and improper and violative of the legal provisions.

He raised the dispute before the Assistant Labour

Commissioner (Central). The conciliation proceedings were

started, but ended in failure. Hence this reference was made

on failure report submitted by the labour authorities. The

2nd Party-workman is therefore entitled to be reinstated in

service with full back wages and other dues, declaring his

termination as illegal and unjustified.

3. The 1st Party-Management in its written statement

has alleged that the estabilshment of the 1st Party-

Management is not doing any business or trade. As such

it does not come under the purview of Section 2(j) of the

Industrial Disputes Act, 1947. The 2nd Party-workman was

given the job of cleaning utensils in the canteen on his

lowest quotation on contract basis, on a lump-sum amount

of Rs. 1800/- for one year which was subseqnently

enhanced to Rs. 2000 per month with effect from 01.10.2004.

The contract was subsequently extended for a further

period of two years and was discontinued with effect from

26.09.2007. The 2nd Party-workman was accordingly paid

proportionate amount of Rs. 1666/- for cleaning the utensils

for 25 days in the month of September, 2007. The 2nd Party-

workman has not done the job of clearning of utensils from

26.9.2007 to 10.10.2007. Hence no payment was made for

the said period. The 2nd Party-workman does not come

under the definition of "workman". As such the reference

is not maintainable and this Tribunal has no jurisdiction to

adjudicate upon the alleged dispute. It is false to allege

that the 2nd Party-workman was initially appointed in the

post of garden mali on 30.5.1994 on daily wage basis @ Rs.

52.50 per day in the maintenance section of the

establishment of the 1st Party-Management. Since the 2nd

Party-workman was engaged purely on contract basis there

is no question of paying any salary to him and refusal of

employment with effect from 10.10.2007.

4. On the pleadings of the parties, following issues

were framed:—

ISSUES

1. Whether Swami Vivekananda National Institute

of Rehabilitation Training and Research

(SVNIRTAR) will come under the purview of

Industrial Disputes Act?

2. Whether the Action of the Management of

Swami Vivekanand National Institute of

Rehabilitation and Research in terminating the

services of Shri Banku Bhoi with effect from

26.9.2007 is legal and justified?

3. If not, to what relief the workman is entitled?

5. The 2nd Party-workman has examined four

witnesses including himself and relied upon six documents

marked as Ext.-1 to 6. The witnesses examined on his behalf

are W.W.-1 Shri Banku Bhoi, the disputant himself. W.W.-

2 Smt. P. Nukama Dei, W.W.-3 Shri Basanta Kumar Pradhan

and W.W.-4 Shri Srimanta Kumar Das.

6. On the other hand the 1st Party-Management has

examined Shri Biswanath Mallick as M.W.-1 and relied upon

four documents marked as Ext.-A to D.

FINDINGS

ISSUE No. 1

7. Although the 1st Party-Management has stated

that its establishment has not been doing any business or

trade and such it is not amenable to the jurisdication of this

Tribunal not being an industry, yet it is to be mentioned

that it is running a hundred bed hospital for rendering

service to the persons with disabilities and is also running

a mess for the hospital patients. It also imparts training to

the professionals in the field of rehabilitation and

manufactures artificial limbs and provides them to the

physicially handicapped persons. It cannot be said that all

these facilities are provided free. Therefor, it cannot be

denied that the 1st Party-Management is an industrial

establishment and the employees engaged by it are

workmen. Further, it seems that the 1st Party-Management

has later given up this issue as nothing has been said by

its witness M.W.-1 Shri Biswanath Mallick in his evidence

before this Tribunal, whereas the 2nd party-workman has

categorically stated that the 1st Party-Management is an

industry. The burden to prove this issue shifts on ther 1st

Party-Management when the initial onus is discharged by

the 2nd Party-workman. But the 1st Party-Management

has failed to discharge this burden. As such it is held that

the Swami Vivekananda National Institute of Rehabilitation

Training and Research (SVNIRTAR) will come under the

purview of the Industrial Disputes Act. This issue is

accordingly decided in the affirmative.

ISSUE No. 2

8. According to the 2nd Party-workman he was

engaged as a daily wage labourer in the year 1994 under

the 1st Party-Management and worked as such up-to 2002.

Thereafter he was instructed to work as dish washer in the

canteen of the 1st Party Management from the year 2002

to 2007. On 10.10.2007 he was refused work as the

Management told him to work under the contractor to which

he did not agree. On the other hand the 1st Party-

Management has submitted that the 2nd Party-workman

was given the job of cleaning the utensils in the canteen

on contract basis on a lumpsum amount of Rs. 1800 per

month which was subsequently enhanced to Rs. 2000 per

month. Initially the contract was for one year with effect

from 1.10.2004, which was subsequently extended for a

further period of two years. But before expiry of the period

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

37

of two years it was discontinued with effect from 26.9.2007

and the 2nd party-workman was accordingly paid

proportionate amount of Rs. 1666/- for 25 days. He has not

done the job of cleaning of utensils from 26.9.2007 to

10.10.2007. Hence no payment was made for the said period.

All the allegations regarding his engagement contrary to it

have been denied by the 1st Party-Management.

9. The burden to prove this issue lies on the 2nd

Party-workman, but he has not adduced any worth reliable

evidence , either oral or documentary on this point. He

has filed six xerox copies of the attendance register from

November, 2003 to April, 2004, but these copies have not

been signed by any authority of the 1st Party-Management.

These might be falsely manufactured and even if presumed

to be proof of working in the NIRTAR for the aforesaid

period these copies of the attendance register do not

show in which capacity and in which department he was

working. These documents show his alleged engagement

for six months only, whereas he has alleged that he had

been working under the 1st Party-Management since

30.5.1994. He has admitted in his cross examination that "I

cannot show any appointment letter. I have no letter which

can prove that I had worked in the canteen". He has

admitted that "I had received Rs. 1666 vide letter dated

10.10.2007. I have signed in that letter and I had received

the said amount". This admission goes to prove the version

put-forward by the 1st Party-Management. M.W.-1

Shri B.N. Mallick has categorically stated in his evidence

before this Tribunal that "the disputant workman has

taken contract for cleaning the utensils of the canteen.

First he has taken the contract for one year and then it

was renewed for another two years". He has also proved

the quotation of the disputant workman given to the

Management, which has been marked as Ext.-A along with

work order issued to the 2nd Party-workman marked as

Ext.-B and the renewal of the work order for next two years

marked as Ext.-C and also the receipt of payment of wages

marked as Ext.-D.

10. The evidence of the three witnesses adduced

by the 2nd Party-workman does not inspire confidence

because of being shaky and inconsistent with each other's

deposition. W.W.-2 Smt. P. Nukuma Dei has stated that "I

cannot say for how many years the disputant workman

was working under the Management". W.W.-3

Shri Basanta Kumar Pradhan has stated in his cross

examination that "the disputant was working under the

canteen under a contractor. I cannot say whether any

quotation was floated for the canteen. The disputant was

not signing in the attendance register". He has also stated

that "the disputant workman was not getting wages from

the office like regular employees" which is inconsistent

with the statement of the 2nd Party-workman made in his

cross examination to the effect that "it is a fact that I was

receiving my wages from the office directly". W.W.-4

Shri Srimanta Kumar Das has also stated that "the disputant

workman was working under the contractor" and he was

getting wages directly from the office of the Management.

In his cross examination he has stated that "I know that

the disputant was given quotation to work under the

Management canteen on contract basis". Thus the stand

taken by the 2nd Party-workman cannot be said to be

believable and trust-worthy. No documentary evidence

has been filed by the 2nd Party-workman to prove that he

was engaged by the 1st Party-Management as a labourer

on a daily wage basis and continued to work under the 1st

Party-Management since 30.5.1994 to 10.10.07. Oral

evidence led by him does not suffice to hold that he had

rendered 240 days continuous service under the 1st Party-

Management as a daily wage labourer during the period

of twelve calendar months preceding his alleged

disengagement. According to the 1st Party-Management

he was a contractual worker engaged for cleaning utensils

in the canteen on contract basis and he was discontinued

to work on 26.9.2007 some days prior to the conclusion of

the contract for which he may seek damages from Civil

Court. His engagement being on contract does not entitle

to him any protection under the Industrial Disputes Act,

1947. Therefore the action of the 1st Party-Management in

disengaging him from contract work cannot be held to be

illegal and unjustified under the purview of the provisions

of the Industrial Disputes Act. This issue is thus decided

against the 2nd Party-workman.

ISSUE No. 3

11. For the findings recorded above the 2nd Party-

workman is not entitled to any relief.

12. Reference is answered accordingly.

JITENDRA SRIVASTAVA, Presiding Officer

ubZ fnYyh] 18 fnlEcj] 2013

dkñ vkñ 16-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

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

ch-,l-,u-,y-] t;iqj 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; t;iqj ds iapkV

¼lanHkZ la[;k 26@2007½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 18&12&2013 dks izkIr gqvk FkkA

[lañ ,y&40012@81@2004&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 18th December, 2013

S.O. 16.— In pursuance of Section 17 of the Industrial

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

38

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

hereby publishes the Award (Ref. No. 26/2007) of the

Cent.Govt.Indus.Tribunal/Labour Court, Jaipur now as

shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of The General

Manager. BSNL, Jaipur and their workman, which was

received by the Central Government on 18/12/2013.

[No. L-40012/81/2004-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, JAIPUR

Sh. N.K. PUROHIT, Presiding Officer

I.D. 26/2007

Reference No. L-40012/81/2004 [IR(DU)] dated: 1.3.2007

Shri Mukesh Kumar

S/o Shri Nand Kishore Harijan

164, Banjara Basti, Sector-5,

Udaipur.

V/s

The General Manager,

BSNL, Udaipur.

PRESENT:

For the applicant

:

Ex-party

For the Non-applicant

:

Shr. B.L. Ahir

AWARD

Dated : 22-5-2013

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub- Section 1 & 2 (A) of

Section 10 of the Industrial Disputes Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:—

" Whether the action of the management of General

Manager, Bharat Sanchar Nigam Limited, Udaipur, in

terminating the services of their workman

Shri Mukesh Kumar w.e.f. 23.9.2000 is legal & justified?

If not, to what relief the concerned workman is entitled

to?"

2. The workman in his statement of claim has pleaded

that he had worked under the non-applicant during period

28.6.1997 to 22.9.2000 & despite he had worked for more

than 240 days, his services were terminated without any

notice, notice pay or compensation. He has also alleged

that while terminating his services no seniority list was

prepared & junior to him were retained in the job & new

hands were given recruitments after terminating his

services.

3. In reply, the non-applicant has denied the claim of

the workman & it has been averred that the workman was

engaged termporarily for cleaning toilets. It has been denied

that workman was employed as worker & he had worked as

such during period 28.6.1997 to 22.9.2000.

4. None appeared on behalf of the workman on

7.11.2012, therefore, ex-party proceedings were drawn

against him.

5. Since, the workman has not filed his affidavit in

support of his claim; non-applicant has not adduced any

evidence.

6. Heard the Ld. Representative for the non-applicant

& perused the record.

7. Initial burden was on the workman to prove his

case set forth in the statement of claim but after filing

rejoinder the workman did not appear on subsequent dates

to file his affidavit in support of his claim, therefore, ex-

party proceedings were drawn against him. Thus, there is

no material on record to adjudicate the reference under

consideration on merits.

8. It appears that the workman is not interested to

contest the case further. Under these circumstances, " No

Dispute Award" is passed in this matter. The reference

under adjudication is answered accordingly.

9. Award as above.

10. Let a copy of the award be sent to Central

Government for publicaiton u/s 17 (1) of the I.D. Act.

N.K. PUROHIT, Presiding Officer

ubZ fnYyh] 18 fnlEcj] 2013

dkñvkñ 17-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

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

chñ,lñ,uñ,yñ] bZyq: 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;] gSnjkckn ds iapkV

¼lanHkZ la[;k 70@2011½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 18-12-2013 dks izkIr gqvk FkkA

[lañ ,y&40011@31@2011&vkbZvkj ¼Mhñ;wñ½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 18th December, 2013

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

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

Government hereby publishes the award (Ref. No. 70/2011)

of the Central Government Industrial Tribunal/Labour

Court, Hyderabad now as shown in the Annexure, in the

Industrial Dispute between the employers in relation to the

management of The General Manager, BSNL Eluru and their

workman which was received by the Central Government

on 18.12.2013.

[No. L-40011/31/2011-IR(DU)]

P. K. VENUGOPAL, Section Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

39

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT: Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 3rd day & May, 2013

Industrial Dispute No. 70/2011

BETWEEN:

Sri K.S.R. Murthy,

The District Secretary,

National Union of B.S.N.L. Workers,

Dondapadu Dibba, Sanivarapur Pet (P.O)

Elurgu-534003

...Petitioner

AND

The General Manager,

Telecom District,

Bharat Sanchar Nigam Ltd.,

Eluru. West Godavari Dsitrict

...Respondent

APPEARANCES:

For the Petitioner

:

Sri R. Yogender Singh, Advocte

For the Respondent :

M/s. Ch. Lakshmi Kumari &

Ch. Venkateswara Rao, Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-40011/31/2011-IR(DU) dated 12.10.2011 referred

the following dispute under section 10(1)(d) of the I.D.

Act, 1947 for adjudication to this Tribunal between the

management of Bharat Sanchar Nigam Ltd., and their

workmen. The reference is,

SCHEDULE

"Whether the action of the management of BSNL,

Eluru, West Godavari District, in refusing to consider

the stepping up of pay of 19 Senior Workmen (as per

the list enclosed) to bring parity with their juniors, is

legal and justified? What relief the workmen are

entitled to?”

The reference is numbered in this Tribunal as I.D.

No. 70/2011 and notices were issued to the parties

concerned.

2. The case stands posted for filing of claim statement

and documents. Petitioner union representative called

absent and there is no representation since long time.

Inspite of giving fair opportunity, claim statement was not

filed by the Petitioner and the matter is coming up since the

year 2011. In the circumstances, taking that Petitioners are

not interested in the proceedings, petition is dismissed.

Award passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant

trascribed by her and corrected by me on this the 3rd day

of May, 2013.

M. VIJAY LAKSHMI, Presiding officer

Appendix of evidence

Witnesses examined for the Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 18 fnlEcj] 2013

dkñvkñ 18-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

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

chñ,lñ,uñ,yñ] fMczqx<+ ds izca/kra= ds lac) fu;kstdksa vkSj muds

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

ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] xqokgkVh ds iapkV

¼lanHkZ la[;k 04@2012½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 18-12-2013 dks izkIr gqvk FkkA

[lañ ,y&40012@110@2010&vkbZvkj ¼Mhñ;wñ½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 18th December, 2013

S.O. 18.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 04/2012) of the Central

Government Industrial Tribunal/Labour Court, Guwahati

now as shown in the Annexure in the Industrial Dispute

Between the employers in relation to the management of

BSNL, Dibrugarh and their workman, which was received

by the Central Government on 18/12/13.

[No. L-40012/110/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVT. INDUSTRIALTRIBUNAL-

CUM-LABOUR COURT, GUWAHATI, ASSAM

PRESENT: Shri L.C. Dey, M.A., LLB., Presiding Officer,

CGIT-cum-Labour Court, Guwahati.

Ref. Case No. 04 of 2012

In the matter of an Industrial Dispute between:—

The Management of BSNL, Dibrugarh.

-Vrs-

Their Workman Smt. Anjumoni Dutta Hazarika.

APPEARANCES:

For the Workman

:

Mr. S.K. Barkataki, Advocate,

Ms B. Sarma, Advocate.

For the Management :

Mr. B.C. Pathak, Advocate

40

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

AWARD

Date of Award: 24.10.13

1. This Reference has been initiated on an Industrial

Dispute between the Management of Bharat Sanchar Nigam

Limited (in short BSNL), Dibrugarh, represented by General

Manager, BSNL, Dibrugarh and their workman

Smt. Anjumoni Dutta Hazarika on account of termination

of service of the said workman by the Management, which

was referred by the Ministry of Labour, Government of

India, New Delhi vide their order No. L-40012/110/2010-

IR(DU) dated 25.05.2011. The Schedule of this Reference is

as under.

SCHEDULE

"Whether the action of the management of Bharat

Sanchar Nigam Limited, Dibrugarh represented by

the General Manager, BSNL,Dibrugarh, in

terminating the Services of Smt. Anjumoni Dutta

Hararika who was working as Data Entry Operator

upto May, 2009, is legal and justified? What relief

the workman is entitled to?"

2. The Ministry of Labour, Government of India,

New Delhi referred this dispute to the Presiding Officer,

Central Government Industrial Tribunal-cum-Labour Court

No. 1, Karkardooma Court Complex, Room No. 38, Block-

A, New Delhi-110032 for adjudication and accordingly the

proceeding was initiated by the Learned Presiding Officer,

CGIT-cum-Labour Court No. 1, New Delhi and the

Management appeared there. Subsequently at the instance

of the Management the Ministry of Labour and Employment,

New Delhi vide their order No. L-40012/110/2010-IR(DU)

dated 31.10.2011 withdrawn and transferred the Reference

to this Tribunal. Thereafter the Reference has been

received on 20.12.2011 for adjudication, from CGIT-cum-

Labour Court No. 1, New Delhi on transfer and the same

has been renumbered and proceedings has been started.

3. After registration of this Reference, notices were

issued upon both the parties. Accordingly Management

appeared and sought for adjournment for filing written

statement. Notice issued upon the workman returned after

service. On 4.1.2013 Mr. S.K. Barkataki, Learned Advocate

appeared on behalf of the workman and filed petition No.

127 with prayer for time for filing claim statement along

with Vakalatnama; and on 20.2.2013 Mr. S.K. Barkataki,

Learned Advocate submitted another petition being No.

184 stating that the workman intended to withdraw the

case for failure to engage any lawyer owing to monitory

reason and the learned advocate Mr. Barkataki has come

forward to take up the Reference on behalf of the workman

and to conduct the same, and prayed for time for filing

claim statement along with Vakalatnama. Again on 8.4.2013

and 3.7.2013 Mr. S.K. Barkataki, learned Advocate

submitted petition with prayer for adjournment showing

cause that the workman could not contact them and to file

Vakalatnama due to her illness. Lastly, on 01.08.2013,

Learned Advocate Miss B. Sarma, submitted petition No.

514/13 stating that the workman did not contact them and

hence, the Learned Advocate Mr. S.K. Barkataki and his

Associates wanted to withdraw from this case. Accordingly

the petition was allowed and a fresh notice was issued to

the workman directing her to appear before the Tribunal

either personally or through her engaged counsel and to

submit claim statement fixing 10.09.2013 vide order dated

01.08.2013. The said notice was returned after service upon

the workman, but the workman remained absent without

any step and hence, this Reference has been proceeded

ex-parte against the workman vide order dated 9.10.2013.

4. On perusal of the record it appears that the Ministry

of Labour and Employment has referred the dispute for

adjudication by this Tribunal on the issue i.e. whether the

action of the Management of BSNL, Dibrugarh in

terminating the service of Smt. Anjumoni Dutta. Hazarika

who was working as Data Entry Operator upto May, 2009

is legal and justified, and what relief the workman is entitled

to? But the workman in spite of getting sufficient

opportunities did neither appeared before this Tribunal

personally nor through herAdvocate/counsel and the

Learned Advocate Mr. S.K. Barkataki although appeared

and expressed his willingness to conduct this proceeding

on behalf of the workman, he ultimately expressed his

inability to conduct the proceeding due to failure of the

workman to contact them and to submit the Vakalatnama.

The Management appeared through their Learned

Advocate initially filing Vakalatnama but they did not submit

the written statement, and remained absent since last date.

Thus it is clear that the claimant/workman herself has not

been able to substantiate her claim adducing evidence both

oral and documentary. The workman is found avoiding the

notice of the Court. The Management is also found

reluctant to contest the proceedings.

5. In view of my above discussion it can safely be

held that the workman has failed to establish her claim and

hence, I am unable to decide the issues involved in the

Reference on merit. Accordingly, this Reference is disposed

of without granting any relief to the workman.

6. Send the no relief Award to the Government as per

law.

Given under my hand and seal of this Court on this

24th day of October, 2013, at Guwahati.

L.C. DEY, Presiding Officer

ubZ fnYyh] 18 fnlEcj] 2013

dkñvkñ 19-—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eq[; tujy

esustj] gsoh okVj IykaV] [kEeke 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;] gSnjkckn ds iapkV

¼lanHkZ la[;k 15@2011½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

18@12@2013 dks izkIr gqvk FkkA

[la- ,y&42011@63@2010&vkbZ vkj ¼Mh ;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

41

New Delhi, the 18th December, 2013

S.O. 19.—In pursuance of Section 7 of the Industrial

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

hereby publishes the Award (Ref. No. 15/2012) of the

Central Government Industrial Tribunal/Labour Court,

Hyderabad now as shown in the Annexure in the Industrial

Dispute Between the employers in relation to the

management of The Chief General Manager, Heavy Water

Plant, Khammam and their workman, which was received

by the Central Government on 18/12/13.

[No. L-42011/63/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT : SMT. M. VIJAYA LAKSHMI, Presiding

Officer

Dated the 5th day of June, 2013

INDUSTRIAL DISPUTE NO. 15/2011

BETWEEN:

Sri Syed Khasim Hussain,

(Rep. of workman)

Ex. Scientific Asstt. 'D',

H.No 11-2-71, Sree Nagar Colony,

New Palvoncha (P.O.)-507115.

Khammam District.

....Petitioner

AND

The Chief General Manager,

M/s. Heavy Water Plant (Manuguru),

Aswapuram-507116.

Khammam District.

....Respondent

APPEARANCES:

For the Petitioner

:

Sri M.V.L. Narasaiah,

Advocate

For the Respondent

:

None

AWARD

The Government of India, Ministry of Labour by its

Order No. L-42011/63/2010-IR(DU) dated 28.3.2011 referred

the following dispute under section 10(1)(d) of the I.D.

Act. 1947 for adjudication to this Tribunal between the

management of M/s. Heavy Water Plant and their workmen.

The reference is,

SCHEDULE

"Whether the demand of Shri D. Daruga, contract

labour employed by the Heavy Water Plant

(Manuguru) SC, BC and other Land Loosers Contract

Labour Cooperative Society Ltd., Aswapuram for

payment of Bonus as per provisions of the Payment

of Bonus Act, 1965, is legal and justified? What relief

the workman is entitled to?"

The reference is numbered in this Tribunal as I.D.

No. 15/2011 and notices were issued to the parties.

2. Case stands posted for filing claim statement and

documents by the Petitioner union.

3. Petitioner union or their counsel called absent and

there is no representation. Claim statement and documents

are not filed. Inspite of giving fair opportunity. Petitioner

union is not taking interest in the proceedings though the

matter is pending since 2011. Taking that Petitioner union

is not interested in the proceedings of the case, 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 5th day

of June, 2013.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 18 fnlEcj] 2013

dkñvkñ 20.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eq[; tujy

eSustj] gsoh okVj IykaV] [kEeke 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 ,oa Je U;k;ky;] gSnjkckn ds iapkV

¼lanHkZ la[;k 16@2011½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

18@12@2013 dks izkIr gqvk FkkA

[lañ ,y&42011@62@2010&vkbZ vkj¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 18th December, 2013

S.O. 20.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 16/2011)

of the Central Government Industrial Tribunal/Labour

Court, Hyderabad now as shown in the Annexure in the

42

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Industrial Dispute between the employers in relation fo the

management of The Chief General Manager, Heavy Water

Plant, Khammam and their workman, which was received

by the Central Government on 18/12/2013.

[No. L-42011/62/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT : SMT. M. VIJAYA LAKSHMI,

Presiding Officer

Dated the 5th day of June, 2013

INDUSTRIAL DISPUTE NO. 16/2011

Between:

Sri Syed Khasim Hussain,

(Rep. of workman)

Ex. Scientific Asstt. 'D',

H.No 11-2-71, Sree Nagar Colony,

New Palvoncha (P.O.)-507115.

Khammam District.

....Petitioner

AND

The Chief General Manager,

M/s. Heavy Water Plant (Manuguru),

Aswapuram-507116.

Khammam District.

....Respondent

APPEARANCES:

For the Petitioner

: Sri M.V.L. Narasaiah, Advocate

For the Respondent

: None

AWARD

The Government of India, Ministry of Labour by its

Order No. L-42011/62/2010-IR(DU) dated 28.3.2011 referred

the following dispute under section 10(1)(d) of the I.D.

Act. 1947 for adjudication to this Tribunal between the

management of M/s. Heavy Water Plant and their workmen.

The reference is,

SCHEDULE

"Whether the demand of Shri M. Santosh Rao,

contract labour employed by the Heavy Water Plant

(Manuguru) SC, BC and other Land Loosers Contract

Labour Cooperative Society Ltd., Aswapuram for

payment of Bonus as per provisions of the Payment

of Bonus Act, 1965, is legal and justified? What relief

the workman is entitled to?"

The reference is numbered in this Tribunal as I.D.

No. 16/2011 and notices were issued to the parties.

2. Case stands posted for filing claim statement and

documents by the Petitioner union.

3. Petitioner union or their counsel called absent and

there is no representation. Claim statement and documents

are not filed inspite of giving fair opportunity. Petitioner

union is not taking interest in the proceedings though the

matter is pending since 2011. Taking that Petitioner union

is not interested in the proceedings of the case, 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 5th day

of June 2013.

M. VIJAYA LAKSHMI, Presiding Officer

Appendex of evidence

Witnesses examined for

Witnesses examined for the

the Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 18 fnlEcj] 2013

dkñvkñ 21.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj E;qfufliy

dkjiksjs'ku vkWQ fnYyh] fnYyh MsoyiesaV vFkkWfjVh] fodkl lnu

ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp]

vuqca/k esa fu£n"V vkS|kSfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf?kdj.k ubZ fnYyh ds iapkV lanHkZ la[;k & ¼132@2012½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 18&12&2013 dks izkIr

gqvk FkkA

[lañ ,y&42011@46@2012&vkbZvkj ¼Mh;w½]

ih- ds- os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 18th December, 2013

S.O. 21.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 132/2012)

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

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

dispute between the management of Municipal

Corporation of Delhi, Delhi Development Authority, Vikas

Sadan, and their workmen, received by the Central

Government on 18/12/2013.

[No. L-42011/46/2012-IR (DU)]

P. K. VENUGOPAL, Section Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

43

ANNEXURE

BEFORE DR. R.K. YADAV, PRESIDING OFFICER

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

NO. 1, DELHI

I.D. No. 132/2012

Shri Om Prakash S/o Mange Ram

C/o General Secretary,

Municipal Employees, Union,

Aggarwal Bhawan, G.T. Road,

Tis Hazari, Delhi - 110054.

...Workman

Versus

1. The Commissioner (North),

North Delhi Muncipal Corporation,

4th Floor, SPM Civic Centre,

J.L. Nehru Marg,

New Delhi - 110002

2. The Secretary,

Delhi Development Authority

Vikas Sadan, INA Market,

New Delhi- 110023.

...Managements

AWARD

An Assistant Wireman was engaged on muster roll

as daily wager by Delhi Development Authority (hereinafter

referred to as the Authority) in February 1981.

Subsequently, he was engaged as work charged Assistant

wireman with effect from 06.01.1983. Vide Establishment

Order No. 377 dated 08.03.1991, he was treated as regular

work charge employee with effect from 10.01.1991. Vide

notification dated 26.09.1994, Government of NCT of Delhi

placed 43 colonies under control and management of

Municipal Corporation of Delhi (hereinafter referred to as

the Corporation). Pay and allowance of work charged staff

are directly chargeable to works. Employees working as

work charged staff, whose pay and allowances were

chargeable to work of those 43 colonies, were transferred

to the Corporation vide order dated 19.05.1995. The

Assistant Wireman was relieved by the Authority vide letter

No. F. 5(1)ED/(8)/DDA/95/2281 dated 20.05.1995 to join

services with the Corporation. Since the Assistant Wireman,

namely, Shri Om Prakash, who was one of the employees

transferred vide letter dated 19.05.1995, felt that the

Authority cannot transfer his services to the Corporation,

he filed a civil suit, which was dismissed by the Ld. Civil

Judge, Tis Hazari Courts, Delhi, vide judgement dated

05.08.2000. Appeal preferred by him also came to dismissed.

2. At that juncture, when Shri Om Prakash lost before

the civil court, he approached the Mazdoor Employees

Union (in short the union) for redressal of his grievance.

The union took up his cause and raised a demand on the

Corporation projecting therein that since the claimant was

not allowed to join his duties, the said action amounts to

termination of his service. A claim was made that Shri Om

Prakash may be reinstated in service with continuity and

full back wages. The Corporation came out with a reply

that Shri Om Prakash was supposed to join his duties,

alongwith relieving letter issued by the Authority. Since he

had not produced his relieving order, he cannot be allowed

to join his duties. When demand, raised by the Union, was

not conceded to the union approached the Conciliation

Officer. Since claim was contested before that forum also,

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-42011/46/2012-IR(DU), New Delhi dated 12.10.2012,

with following terms:

''Whether the action of the management of MCD in

not taking in the employment workman, Shri Om Prakash,

S/o Shri Mange Ram, Assistant Wireman, even though he

was transferred from DDA to MCD is legal and justified? If

not, to what relief the workman is entitled to?''

3. Claim statement was filed by and on behalf of the

claimant pleading that initially he was engaged as a daily

wager Assistant Wireman by the Authority in February,

1981. Subsequently, he was taken on work charged

establishment with effect from 06.01.1983. Vide Notification

dated 26.09.1994, Government of NCT of Delhi placed

services of 43 colonies under control and supervision of

the Corproation. Work, in which the claimant was deployed

by the Authority, was transferred to the Corporation. Hence,

his services were also shown transferred to Corporation in

May 1995. No written order was issued transferring his

services to the Corporation. He filed a civil suit bearing

No. 531 of 1995 before the Civil Judge, Delhi, which was

dismissed on 05.08.2000. He preferred an appeal, which

was dismissed by the Additional District Judge, Delhi on

26.03.2008. On 06.05.2008, he sent a representation to the

Corporation seeking permission to join duties. His

representation was responded to vide letter dated

06.06.2008 asking him to submit relieving order issued by

the Authority, to enable him to join his dutes. Such plea

was uncalled for. He was not allowed to join duties by the

Corporaiton, which act resulted into presumed termination

of his services. He presents that action of the Corporaiton

in terminating of his services is violative of provisions of

section 25-F, 25-G and 25-H of the Industrial Disputes Act

1947 (in short the Act), Rules 76, 77 and 78 of the Industrial

Disputes (Central) Rules 1957 are also violated. Claimant is

unemployed since May 1995. He presents that his services

may be reinstated with continuty and full back wages,

besides cost of litigation as contemplated by sub section

(7) of section 11 of the Act.

The Authority demurs his claim pleading that service

of the claimant were transferred to the Corporation vide

Order EO No. 38 of 19.05.1995. He was relieved from Electrical

44

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Division No. 8 by the Authority on 20.05.1995. Since he

refused to receive the transfer order, it was sent to his

residential address at Village Bakner, Delhi, by registered

post. The postal article was returned back by the postal

authorities with the remarks, "Addressee was not available

despite various visits". Claimant was relieved on 20.05.1995

to join duties with the Corporation. In such a situation, his

claim is not maintainable.

5. The Corporation also disputes the claim projecting

that when the claimant opted not to submit his joining

report, he cannot be allowed to join his duties. Since he

was not taken on rolls of the Corporation, it cannot be said

that the Corporation terminated his services. Vide order

dated 06.06.2008, he was called upon to submit his relieving

orders, which he failed to do. Under these circumstances,

it does not lie in the mouth of the claimant that his services

were terminated by the Corporation. His claim, being devoid

of merits, may be discarded.

6. On pleadings of the parties, following issues were

settled:

(i) Whether, on transfer to MCD, claimant was relieved

from services of DDA on 20.05.1995?

(ii) Whether claimant reported for duties with MCD on

being relieved from DDA?

(iii) As in terms of reference.

7. In order to discharge onus resting on him, the

claimant examined himself.

8. During the course of his examination, it was

suggested to the Authority that fresh relieving order may

be issued in favour of the claimant as on date, without

payment of any wages from the date of his transfer till the

date of issuance of relieving orders and thereafter, the

Corporation may allow him to join services with continuity

and seniority. It was made clear that the claimant would not

be entitled to any pay during the intervening period, viz

from the date of his transfer till the date he would submit

his joining report to the Corporation. Pursuant to the

suggestion made, the Authority issued order No. EO 906

dated 22.10.1993, relieving the claimant to join his duties

with the Corporation. For sake of convenience, contents

of the said letter are reproduced thus:

'In compliance of the orders of the Presiding Officers,

Central Government Industrial Tribunal-cum-Labour Court

No. 1, Karkardooma, New Delhi, Shri Om Prakash, S/o Shri

Mange Ram relieved vide order No. F. 5(1) ED-8/DDA/95/

2281 dated 20.05.1995 pursuant to the EO No. 38 dated

19.05.1995 is hereby relieved today the 22nd day of October

2012 without payment of any wages from the date of his

transfer till the date of issuance of relieving order. The text

of the EO No. 38 dated 19.05.1995 and relieving order No. F.

5(1) ED-8/DDA/95/2281 dated 20.05.1995 shall remain

unchanged.'

9. In continuation of the order referred above, the

Authority issued order No. F5(1)EE/EI.Divn.8/DDA/2013

dated 25.10.2013, contents of which order are extracted

thus:

'In continuation to this office EO 906 dated 22.10.2013

(copy enclosed), further Shri Om Parkash, wireman,

S/o Shri Mange Ram is hereby directed to report

'Commissioner, North Delhi Municipal Corporation

of Delhi, 4th Floor, SPM Civic Center, Jawahar Lal

Nehru Marg, New Delhi-110 002' for further

necessary action.

10. When copy of order dated 25.10.2013 was served

on the claimant, he tendered his joining report with the

Corporation on 30.10.2013. He presented himself for joining

his duties and requested the Commissioner, North Delhi

Municipal Corporation, to accept his joining report and

assign duties to him. In view of the above changed

circumstances, which took place on suggestion by this

Tribunal, adjudication of above issues have become

infructuous.

11. Since the claimant has joined his duties with the

Corporation pursuant to order No. F5(1)/EE/EI.Divn.8/

DDA/2013/3788 of 25.10.2013 and concedes to the

proposition that he will not claim pay for the intervening

period, viz. 20.05.1995 till 30.08.2013, it is evident that the

dispute has reached a narrow campus. In view of facts

detailed above, it is ordered that the Authority shall transmit

all service records of the claimant, along with his last pay

certificate, to the Corporation at the earliest and the

Corporation shall fix his pay notionally for the intervening

period, for which it shall not incur any financial liability.

However, the claimant will have continuity of service with

consequential relief of reckoning that service for the

purpose of promotion, fixation of pay and retiral benefits.

The Corporation shall assign him duties at the earliest so

that his services are suitably availed. The questions, referred

for adjudication, are answered accordingly. With these

observations, an award is passed. It be sent to the

appropriate Government for publication.

Date: 18.11.2013

R.K. YADAV, Presiding Officer

ubZ fnYyh] 18 fnlEcj] 2013

dkñvkñ 22.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsanzh; ljdkj ukWFkZ fnYyh

E;qfufliy dkjiksjs'ku] U;w fnYyh ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkjksa ds chp] ¼QhYM vaMj lsD'ku 33&v½ vuqca/k

esa fufnZ"V vkS|ksfxd fookn esa dsanzh; ljdkj vkS|ksfxd vf/kdj.k]

fnYyh ds iapkV lanHkZ la[;k&¼148@2013½ dks izdkf'kr djrh gS]

tks dsanzh; ljdkj dks 18&12&2013 dks izkIr gqvk FkkA

[la- ,y&42025@07@2013&vkbZvkj ¼Mh;w½]

ih- ds- os.kqxksiky] vuqHkkx vf/kdkjh

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

45

New Delhi, the 18th December, 2013

S.O. 22.—In pursuance of Section 17 of the

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

Government hereby publishes the Award of the Central

Government Industrial Tribunal-cum-Labour Court No. 1,

Delhi (Filed under Section 33-A in the matter of Complaint

arising out of (Ref. No.148 of 2013) as shown in the

Annexure, in the industrial dispute between the

management of North Delhi Municipal Corporation, New

Delhi and their workmen, received by the Central

Government on 18/12/2013.

[No. L-42025/07/2013-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

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

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

NO. 1, DELHI

I.D. NO. 148/2013

Shri Jagesh Kumar

S/o Late Sh. Sukhram Singh,

R/o H.No. 3259, Aryapura.

Gali Lodhi Rajput,

Subzi Mandi, Delhi-110 007.

....Claimant

Versus

The Commissioner (North),

North Delhi Municipal Corporation,

SPM Bhawan, Civic Centre,

New Delhi.

.....Management

AWARD

Shri Jagesh Kumar was working as mali/beldar on

muster roll with North Delhi Municipal Corporation (in short

the Corporation) from 26.09.1989. His services were

terminated illegally without issuance of any notice on

02.01.1993. Feeling aggrieved by the act, the mali/beldar

raised an industrial dispute before the Conciliation Officer

on 24.05.2013. Conciliation proceedings were

initiated.When no settlement could arrived at within a period

of 45 days from the date of making an application before

the Conciliation Officer, the mali/beldar filed a claim before

this Tribunal under sub-section (2) of 2A of the Industrial

Disputes Act, 1947 (in short the Act). Sub-section (2) of

section 2A of the Act empowers him to approach this

Tribunal directly, without his dispute being referred by the

appropriate Government under sub-section (1) of section

10 of the Act, in case of discharge, dismissal, retrenchement

or otherwise termination of his service. The dispute was

registered as an industrial dispute, for adjudication.

2. Claim statement was filed by Shri Jagesh Kumar

pleading that he was working as beldar on muster rolls

from 26.09.1989 to 24.04.1992. However his services were

abruptly dispensed with on 02.01.1993 without issuance of

any notice. His signatures were forcibly taken on blank

papers, which were later on used against him. He had put

in continuous service of 240 days. He raised an industrial

dispute, which was referred for adjudication to a Labour

Court constituted by NCT of Delhi, which was decided

against the claimant. A review petition filed was also

dismissed. He then filed a writ petition before the Hon'ble

High Court, which was allowed with directions to the Labour

Court to hear the parties again, check the record

meticulously with precision and clarity and give specific

finding on the issue. The case was reconsidered by the

Labour Court and an award was passed against the

workman. The claimant again preferred writ petition before

the Hon'ble High Court, which was dismissed. LPA filed

was also dismissed. Thereafter he raised a dispute before

the Conciliation Officer, who entered into conciliation

proceedings, but no settlement could arrive at. He claims

that an award for reinstatement of his services with

continuity and full back wages may be passed in his favour.

3. Arguments on maintainability of the dispute are

heard at the bar. Shri D.S. Yadav, authorised representative,

advanced arguments on behalf of the claimant. 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:

4. As record projects, dispute under reference was

raised by the claimant, namely, Shri Jagesh Kumar under

sub section (2) of section 2A of the Act. Provisions of

section 2A of the Act contemplates that any dispute or

difference between the workman and his employer

connected with or arising out of discharge, dismissal,

retrenchment or termination shall be deemed to be an

industrial dispute, not withstanding that no other workman

nor any union of workman is party to the dispute.

Language, used in section 2A of the Act, very clearly states

that in order to make a dispute an industrial dispute, it must

be sponsored by a union or a considerable number of

workmen in the establishment of the management. However,

any dispute between a workman and his employer, which

is connected with or arising out of his discharge, dismissal

retrenchment or termination shall be deemed to be industrial

dispute.

5. The term "industrial dispute" has been defined by

sub-section (k) of section 2 of the Act to mean "any dispute

or difference between employers and employers, or between

employers and workmen, or between workmen and

workmen, which is connected with the employment or non-

employment or the terms of employment or with the

conditions of labour, of any person". The definition of

"industrial dispute" referred above, can be divided into

four parts, viz. (i) factum of dispute, (2) parties to the dispute,

viz. (a) employers and employers, (b) employer and workmen,

46

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

or (c) workmen and workmen, (3) subject matter of the

dispute, which should be connected with—(i) employment

or non employment, or (ii) terms of employment, or (iii)

condition of labour of any person, and (iv) it should relate

to an "industry".

6. The definition of "industrial dispute" is worded in

very wide terms and unless they are narrowed by the

meaning given to word "workman" it would seem to include

all "employers", all "employments" and all "workmen",

whatever the nature or scope of the employment may be.

Therefore, except in the case where there can be a dispute

between the employers and employers and workmen and

workmen, one of the parties to an industrial dispute must

be an employee or a class of employees. The first point,

therefore, to be noted perhaps self evident, is that the phrase

"employer and workmen", the plural may include singular

on either side or any permutation of singular or plural, the

masculine including the feminine. I order, therefore, to

determine as to whether a controversy or difference or a

dispute is an "an industrial dispute" or not, it must first be

determined whether the workman concerned or workmen

sponsoring his cause satisfy the conditions of clause (s)

of section 2 of the Act. Here in the case, the management

does not dispute that the claimant is workman within the

meaning of clause(s) of Section 2 of the Act.

7. A long line of decisions, handed down by the

Apex Court, had established that an individual dispute

could not per se be an industrial dispute, but could become

one if it was taken up by a trade union or a considerable

number of workmen of the establishment. This position of

law created hardship for individual workmen, who were

discharged, dismissed, retrenched or whose services were

otherwise terminated when they could not find support by

a union or any appreciable number of workmen to espouse

their cause. Section 2A was engrafted in the Act by the

Amendment Act of 1965 and it has to be read as an

extension of the definition of industrial dispute contained

in clause (k) of section 2 of the Act. Thus by way of

extension of definition of industrial dispute, by insertion

of section 2A of the Act, the dispute of an individual

workmen connected with or arising out of his discharge,

dismissal, retrenchment or otherwise termination of his

service by his employer has been brought within the ambit

of the Act.

8. Industrial workman has got a very restricted right

to move an industrial court when his service conditions

have been changed to his prejudice during pendency of an

industrial dispute or he has been dismissed or discharged

during such pendency, under section 33-A of the Act. He

has a right to recover certain dues from his employer under

section 33(c)(2) of the Act. An individual workman who

had been thrown out of employment had to rely for redress

only through aegis of the union or his co-workers where

there was no union. Sometimes he found it hard to proceed

further or get the union to take up his cause. Besides, there

are industries where so far no union have been formed.

Workers, are still, in certain industries, unorganized.

Enactment of section 2A of the Act was taken up by the

Parliament solely with a view to modify the law to raise

industrial disputes relating to discharge, dismissal,

retrenchment or otherwise termination of services of the

workmen.

9. Classification between workmen unaided by union

or considerable number workmen and workman whose

cause is espoused by a union or considerable number of

workmen has been made by the legislature, when provisions

of section 2A were brought on the Statute Book. Thus, it is

evident that by way of extension of definition of industrial

dispute relating to discharge, dismissal, retrenchment or

termination of service of the workmen, Legislature provided

remedy to the workmen who is unaided by a union or

considerable number of workmen. Section 2A of the Act

does not destroy the concept of industrial dispute and

collective dispute and such concept still remains as a major

class and in all other provisions of the Act. Consequently,

it is evident that excepting the dispute relating to dispute

of dismissal, discharge, retrenchment or otherwise

termination of services of a workman, a dispute is to be

espoused by the union or considerable number of workmen

to reach the status of an industrial dispute.

10. Even in cases of dispute between a workman and

his employer connected with or arising out of his discharge,

dismissal, retrenchment or termination of his service, it has

to pass through the procedure provided in the Act. For

raising a dispute, an employee has to raise a demand on

the employer and thereafter he has to raise the dispute

before the Conciliation Officer, who had to enter in to the

conciliation proceedings. In case conciliation proceedings

fails, the Conciliation Officer submits his report to the

appropriate Government. On consideration of the report,

so submitted by the Conciliation Officer, the appropriate

Government has to form an opinion that an industrial

disputes exists or is apprehended and refer that dispute to

an industrial adjudicator under sub-clause (c) or (d), as the

case may be, of sub-section (1) of section 10 of the Act.

Procedure, referred above, would take considerable time

and an employee had to wait for the decision of the

appropriate Government, making reference to an industrial

adjudicator for adjudication of the dispute. With a view to

do away with this hardship, Legislature, vide Amendment

Act No 24 of 2010, inserted sub section (2) and (3) in section

2A and re-numbered original section as sub section (1) in

order to enable the workman to approach an industrial

adjudicator for adjudication of his dispute, without it being

referred by the appropriate Government. For sake of

convenience, provisions of sub-section (2) and (3) of

section 2A of the Act are reproduced thus:

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

47

"(2) Notwithstanding anything contained in section

10, any such workman as is specified in sub-section

(1) may make an application direct to Labour Court

or industrial Tribunal for adjudication of the dispute

referred to therein after expiry of forty five days from

the date he has made the application to the

Conciliation Officer of the appropriate Government

for conciliation of the dispute and in receipt of such

application, the Labour Court or Tribunal shall have

powers and jurisdiction to adjudicate upon the

dispute, as if it were a dispute referred to it by the

appropriate Government in accordance with the

provisions of this Act and all the provisions of this

Act shall apply in relation to such adjudication as

they apply in relation to an industrial dispute referred

to it by the appropriate Government.

(3) The application referred to in sub-section (2) shall

be made to the Labour Court or Tribunal before the

expiry of three years from the date of discharge,

dismissal, retrenchment or otherwise termination of

service as specified in sub-section (1)."

11. Provisions of sub section (2) of section 2A of the

Act empowers a workman to move an application before

an industrial adjudicator for adjudication of his dispute,

after expiry of 45 days from the date he made such

application before the Conciliation Officer. On receipt of

such application, the industrial adjudicator shall have

powers and jurisdiction to adjudicate the dispute as if it

were a dispute referred to it by the appropriate Government,

in accordance with provisions of the Act. Thus, it is evident

that before moving an application before an Industrial

Adjudicator, the workman has to approach the Conciliation

Officer for conciliation of his dispute. In case no settlement

is arrived at or conciliation proceedings goes beyond a

period of 45 days from the date the workman had moved

the application to the Conciliation officer, he may approach

the Industrial Adjudicator for adjudicate of his dispute,

without being referred by the appropriate Government

under the provisions of the Act. Consequently, it is evident

that before approaching an Industrial Adjudicator, workman

whose services have been discharged, dismissed,

retrenched or terminated by his employer, shall have to

approach the Conciliation Officer and wait for expiry of a

period of 45 days, in case no settlement arrived between

them. Obligation to approach the Conciliation Officer and

allow him to enter into conciliation proceedings are

mandatory. It is also obligatory on the workman to wait for

a period of 45 days and only thereafter he can seek

indulgence of an industrial adjudicator for adjudication of

his dispute. In case he opts not to approach the Conciliation

Officer or fails to wait for a period of 45 days from the date

of moving his application, the Industrial Adjudicator will

acquire no jurisdiction to entertain the dispute.

12. Bare perusal of sub section (3) of section 2A

makes it clear that an application for adjudication of an

industrial dispute, relating to discharge, dismissal,

retrenchment or termination of his service can be moved

by an employee before expiry of three years from the date

of his discharge, dismissal, retrenchment or otherwise

termination of service, as the case may be. As emerged out

of the claim statement, services of the claimant was

terminated on 02.01.1993. Subsequently, he raised a dispute

before the conciliation officer for redressal of his grievances.

Claimant projects that the Conciliation Officer had certified

that he entered the conciliation proceedings on 24.5.13

and period of 45 days stood expired, vide his letter dated

27.9.2013.

13. Out of facts presented by the claimant, it emerged

over the record that his services were disengaged by the

management on 02.01.1993. Consequently, it is clear that

the claimant projects a case of termination of his services

by the management on 02.01.1993. For approaching this

Tribunal, under provisions of sub-section (2) of section

2A of the Act, limitation of three years from the date of

discharge, dismissal, retrenchment or otherwise termination

of service of an employee has been imposed by the

legislature. Thus, it is apparent that the claimant could

have approached this Tribunal under sub-section (2) of

section 2A of the Act till 01.01.1996. As is evident, claim

preferred is beyond the period of limitation. Under these

circumstances, this Tribunal cannot invoke its jurisdiction

for adjudication of the dispute.

14. Question for consideration comes as to whether

a dispute can be filed afresh during the period when award

dated 13.08.2008 subsists. As the facts highlight, the

subsequent reference is between the same parties on the

same facts. When award dated 13.08.2008 is in force, in

respect to the industrial dispute, the claimant is barred

from raising the dispute. Section 19(3) of the Act provides

that an award of an Industrial adjudicator remains operating

for a period of one year from the date on which it becomes

enforceable. It can be terminated by any party bound by it

by giving a notice as required by sub-section (6) of Section

19 of the Act. An award continues to be binding on the

parties only as long as it remains in operation. Therefore,

there is a statutory bar to the reference of an industrial

dispute, which is the subject matter of an operative award

so long as previous award is in force in respect of a certain

industrial dispute. Those disputes cannot be referred as

fresh to the industrial adjudicator by merely changing the

phraseology of the dispute and the tribunal will not have

jurisdiction to entertain the fresh reference in respect of

those matters of dispute. In case precedents are needed

then reference can be made to British India Corporation

Ltd., (13 FJR 352) and Bangalore Woolen, Cotton and Silk

48

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Mills Ltd., [1968(1) LLJ 555]. In view of the facts, referred

above, it is crystal clear that during the currency of award

dated 13.08.2008, the claimant cannot file the dispute afresh.

15. In view of these reasons, direct industrial dispute

raised by the claimant is not maintainable at all. His claim is

accordingly, brushed aside. An award is passed. It be sent

to the appropriate Government for publication.

Dated : 25.11.2013

R.K. YADAV, Presiding Officer

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New Delhi, the 18th December, 2013

S.O. 23.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 160/

2012) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

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

dispute between the management of Municipal Corporation

of Delhi, and their workmen, received by the Central

Government on 18/12/2013.

[No. L-42012/40/2012-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

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

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

NO. 1, DELHI

I.D. NO. 160/2012

The General Secretary,

Nagar Nigam Karamchari Sangh,

Delhi Pradesh, P-2/624, Sultanpuri,

Delhi.

...Workman

Versus

The Commissioner,

Municipal Corporation of Delhi

Town Hall, Chandni Chowk,

Delhi — 110006.

...Management

AWARD

Shri Ramesh Chand, was initially engaged as daily

wager mali by Municipal Corporation of Delhi (in short the

Corporation). He was later on regularized as mali with effect

from 01.04.1978. He raised a demand for grant of pay in pay

scale meant for the post of choudhary, from the date of his

appointment. His claim was rejected by the Corporation on

the count that neither he was having requisite qualification

nor passed the trade test for promotion as choudhary. He

approached the Nagar Nigam Karamchari Sangh (in short

the union) for redressal of his grievances. The union raised

a dispute before the Conciliation Officer. Since the

Corporation contested the claim, conciliation proceedings

ended into a failure. On consideration of failure report, so

submitted by the Conciliation Officer, the appropriate

Government referred the dispute to this Tribunal for

adjudication, vide order No. L-42012/40/2012-IR (DU) New

Delhi dated 09.11.2012, with following terms:

"Whether action of the management of Municipal

Corporation of Delhi (MCD) in denying the new pay

scale of 'Chaudhary to the workman Shri Ramesh

Chand, S/o late Shri Shankar Singh Mali, with effect

from the date of appointment i.e. 01.01.1987 till date

of retirement, i.e. 31.07.2007 is justified or not? If not,

what relief the workman is entitled to and from which

date?"

2. In the reference order, the appropriate Government

commanded the parties to the dispute to file statement of

claim, completle with relevant documents, list of reliance

and witnesses with this Tribunal within 15 days of receipt

of the reference order and to forward a copy of such

statement of claim to the opposite parties involved in the

dispute. Despite directions, so given, Shri Ramesh Chand

opted not to file his claim statement with the Tribunal.

3. Notice was sent to Shri Ramesh Chand by

registered post on 03.12.2012, calling upon him to file claim

statement before the Tribunal on or before 02.01.2013. This

notice was sent to him through the union at P-2/624.

Sultanpuri, Delhi, the address provided by the appropriate

Government in order of reference. Neither the claimant nor

the union responded to the notice, so sent.

4. Since none came forward on behalf of the claimant

to file his claim statement, fresh notice was sent to his by

registered post on 02.01.2013 calling upon his to file claim

statement before the Tribunal on 29.01.2013. Notice was

again transmitted to the claimant by reigstered post on

31.01.2013 asking him to file his claim statement on or before

20.02.2013. Lastly, notice dated 22.02.2013 was sent by

registered post commanding the claimant to file his claim

statement before the Tribunal on or before 22.03.2013.

Neither the post articles, referred above, were received back

nor was it observed by the Tribunal that postal services

remained affected in the period, referred above. Therefore,

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

49

every presumption lies in faviour of the fact that the above

notices were served upon the claimant. Despite service of

these notices, claimant opted to obstain away from the

proceedings. No claim statement was filed on his behalf.

5. Since onus of the question, referred for

adjudication, was on the Corporation, it was called upon to

file its response to the reference order. In its response to

the reference order, the Corporation projects that no notice

of demand was served on it prior to raising of dispute,

hence it has not acquired status of an industrial dispute.

The Corporation further pleads that for want of espousal,

dispute has not acquired character of an industrial dispute.

It has also been claimed that the dispute has been raised at

a belated stage, since the claimant superannuated on

31.07.2007 and no dispute was raised during his tenure of

service. Claimant is not entitled to get new pay scale of

choudhary with effect from 01.04.1978, the date when he

was initially engaged as mali. His claim is not maintainable.

It is liable to be dismissed being devoid of merits, pleads

the Corporation. There is a prescribed Produced for

promotion to the post of Chaudhary from the post of mali.

i.e. there must be a sanctioned/vacant post of Chaudhary,

the incumbent possesses requisite qualification and have

passed trade test conducted by the Corporation. The

claimant neither possessed the requisite qualification nor

had ever appeared in any trade test. Shri Ramesh Chand

never peformed duties of Chaudhary. It has been projected

that the claim is liable to be dismised.

6. Arguments were heard at the bar. None came

forward on behalf of the claimant to advance arguments.

Shri Umesh Gupta, authorized representative, raised

submissions on behalf of the Corporation. I have given my

careful considerations to the arguments advanced at the

bar and cautiously persued the record. My findings on

issues involved in the controversy are as follows:

7. Corporation contests the dispute on the count

that no notice of demand was served on it prior to raising a

dispute before the Conciliation Officer. These facts also

remained uncontroverred. The object of the Industrial

Disputes Act, 1947 (in the short the Act) is to proved

workman against victimization by the employer and ensure

termination of industrial dispute in a peaceful manner. The

Act, however, does not provide for any set of social and

economic principles for adjustment of conflicting interests.

Such norms have been evolved and devised by industrial

adjudication, keeping in view the social and economic

conditions, the needs of the workmen, the requirement of

the industry, social justice, relative interests of the parties

and common good. These norms have given rights to the

indusutrial employees what may be called industrial rights,

as such rights may not be available at common law. Disputes

as to the conditions of employment can be resolved by

resorting to a technique known as collective bargaining.

This tool is resorted to between an employer or group of

employers and a bonafide labour union. Policy behind his

is to protect workmen as a class against unfair labour

practices. What imparts to the dispute of a workman the

character of an "Industrial dispute" is that it affects the

right of the workmen as a class.

8. An industrial dispute comes into existences when

the employer and the workman are at variance and the

dispute/difference is connected with the employment or

non-employment, terms of employment or with conditions

of labour. In other words, dispute or difference arises when

a demand is made by the workman on the employer and it is

rejected by him and vice versa. In Sindhu Resettlement

Corporation Ltd. [1968(1) LLJ 834], the Apex Court has

held that mere demand, asking the appropirate Government

to refer a dispute for adjudication, without being raised by

the workmen with their employer, regarding such demand,

cannot become an industrial dispute. Hence, an industrial

dispute cannot be said to exist until and unless a demand

is made by the workman or workmen on the employer and

it has been rejected by him. In Fedders Lloyd Corporation

Pvt. Ltd. (1970 Lab.I.C. 421), High Court of Delhi went a

step ahead and held that "...demand by the workmam must

be raised first on the management and rejected by it, before

an industrial dispute can be said to arise and exist and that

the making of such a demand to the Conciliation Officer

and its communication by him to the management, who

rejected the demand, is not sufficient to constitute an

indusutrial dispute."

9. The above decision was followed by Orissa High

Court in Orissa Indusutries Pvt. Ltd. (1976 Lab.I.C. 285)

and Himachal Pradesh High Court in Village Paper Pvt. Ltd.

(1993 Lab.I.C.99). However, the Apex Court in Bombay

Union of Journalists [1961 (2) LLJ 436] had ruled that an

industrial dispute must be in existence or apprehended on

the date of reference. If therefore, a demand has been made

by the workman and it has been rejected by the employer

before the date of reference, whether direct or through the

Conciliation Officer, it would constitute an industrial dispute.

In Shambhunath Goyal [1978 (1) LLJ 484], the Apex Court

appreciated facts that the workman had not made a formal

demand for his reinstatement in service. However, he had

contested his dismissal before the Enquiry Officer an

claimed reinstatement. Against the findings of the Enquiry

Officer, he preferred an appeal to the Appellate Authority,

claiming reinstatement on the ground that his dismissal

was bad in law. Then again, he claimed reinstatement before

the Conciliation Officer in the course of conciliation

proceedings, which was contested by the employer.

Appreciating all these facts, the Apex Court inferred that

there was impeccable evidence that the workman had

persistently demanded reinstatement, rejection of which

brought an industrial dispute into existence.

10. In New Delhi Tailor Mazdoor Union [1979(39)

FLT 195], High Court of Delhi noted that Shambunath Goyal

50

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

had not overruled Sindhu Resettlement Pvt. Ltd. But it had

distinguished it on facts. It was also pointed out that

decision of three Judges bench in Sindhu Resettlement

Pvt. Ltd. could not have been overruled by two Judge

bench in Shambunath Goyal. The High Court concluded

that decision in Sindhu Resettlement Pvt. Ltd., in case of

any conflict between the two decisions, must prevail. The

High Court held that making of the demand by the workman

on the management was sine qua non for giving rise to an

industrial dispute.

11. The High Court of Madras in Management of

Needle Industries [1986(1) LLJ 405] has held that dispute

or difference between management and the workman,

automatically arises when the workman is dismissed from

service. His dismissal per se creates a dispute or difference

between the management and the workman. The Court

further observed that "it is nowhere stipulated in the Act,

particular in section 2(k), that existence of the dispute as

such is not enough but then there should be a demand by

the workman on the management to give rise to an industrial

dispute". However, this decision appears to be inconsistent

with the ratio of decision in Bombay Union of Journalists

(supra) and Sindhu Resettlement (supra). No doubt, for

existence of an industrial dispute, there should be a demand

by the workman and refusal to grant it by the management.

However, a demand should be raised, cannot be a legal

notion of fixity and rigidity. Grievances of the workman

and demand for its redressal must be communicated to the

management. Means and mechanism of the communication

adopted are not matters of much significance, so long as

demand is that of the workman and it reaches the

management. Reference can be made to the precedent in

Ram Krishna Mills Coimbatore Ltd. [1984(2) LLJ 259].

12. The Act nowhere contemplates that the industrial

dispute can come into existence in any particular, specific

or prescribed manner nor there is any particular or prescribed

manner in which refusal should be communicated. For an

industrial dispute to come into existence written claim is

not sine qua non. To read into the deifinition, requirement

of written demand for bringing an industrial dispute into

existence would tantamount to rewriting the section,

announced the Apex Court in Shambunath Goyal (supra).

In other words, oral demand and its rejection will as much

bring into existence an industrial dispute, as written one. If

facts and circumstances of the case show that the workman

had been making a demand, which the management had

been refusing to grant, it can be said that there was an

industrial dispute between the parties.

13. Since the claimant had not come forward to project

that demand notice was served on the Corporation, under

these circumstances, stand taken by the Corporation is to

be believed. The Corporation projects that no notice of

demand was served on it, before industrial dispute was

raised before the Conciliation Officer. Thus, it is emerging

over the record that it has not been established that demand

was raised on the Corporation, which was rejected by it

and as such, dispute has not acquired status of an industrial

dispute.

14. The Corporation for further argued that the

dispute has not acquired status of an industrial dispute for

want of espousal by the union or considerable number of

the workmen in its establishment. For an answer to this

proposition, definition of the term 'industrial dispute' is to

be construed Section 2(k) of the Industrial Disputes Act,

1947 (in short the Act), defines the term 'industrial dispute',

which definition is extracted thus:

"2(k) "Industrial dispute" means any dispute or

difference between employers and employers, or

between employers and workmen, or between

workmen and workmen, which is connected with the

employment or non-employment or the terms of

employment or with the conditions of labour, of any

person;"

15. The definition of "industrial dispute" referred

above, can be divided into four parts, viz. (i) factum of

dispute, (2) parties to the dispute, viz. (a) employers and

employers, (b) employer and workmen, or (c) workmen and

workmen, (3) subject matter of the dispute, which should

be connected with—(i) employment or non-employment,

or (ii) terms of employment, or (iii) condition of labour of

any person, and (4) it should relate to an "industry".

16. The definition of "industrial dispute" is worded

in very wide terms and unless they are narrowed by the

meaning given to word "workman" it would seem to include

all "employers", all "employments" and all "workmen",

whatever the nature or scope of the employment may be.

Therefore, except in the case where there can be a dispute

between the employers and employers and workmen and

workmen, one of the parties to an industrial dispute must

be an employee or a class of employees. The first point,

therefore, to be noted, perhaps self evident, is that the

phrase "employer and workmen", the plural may include

singular on either side or any permutation of singular or

plural, the masculine including the feminine. In order,

therefore, to determine as to whether a controversy or

difference or a dispute is an "an industrial dispute" or not,

it must first be determined whether the workman concerned

or workmen sponsoring his cause satisfy the conditions of

clause (s) of section 2 of the Act. The Corporation does

not dispute status of the claimant, being a workman within

the meaning of section 2(s) of the Act.

17. The Apex Court put gloss on the definition of

"industrial dispute" in Dimakuchi Tea Estate [1958 (1) LLJ

500] and ruled that the expression "any person" in clause

(k) of section 2 of the Act must be read subject to such

limitation and qualification as arise from the context, the

two crucial limitations are (i) the dispute must be a real

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

51

dispute between the parties to the dispute (as indicated in

the first two parts of the definition clause) so as to capable

of settlement or adjudication by one party to the dispute

giving necessary relief to other, and (2) the person regarding

whom the dispute is raised must be one for whose

employment, non employment, terms of employment or

conditions of labour, as case may be, the parties dispute

for a direct or substantial interest. Where workman raised a

dispute as against their employment, the person regarding

whose employment, non employer, terms of employment

or conditions of labour, the dispute is raised need not be

strictly speaking "workman" within the meaning of the Act,

but must be one in whose employment, non employment,

terms of employment, or conditions of labour the workmen

as a class have a direct or substantial interest. The

observations made by the Apex Court are to be extracted

thus:

"We also agree with the expression "any person" is

not co-extensive with any workman, particular or

otherwise, equal with other, that the crucial test is

one of community of interest and the person

regarding whom the dispute is raised must be one in

whose employment, non employment, terms of

employment, conditions of labour (as the case may

be) the parties to the dispute have a direct or

substantial interest. Whether such direct or

substantial interest has been established in a

particular case will depend on its facts and

circumstances."

18. In Kyas Construction Company (Pvt) Ltd. [1958

(2) LLJ 660], the Apex Court ruled that an industrial dispute

need not be a dispute between the employer and his

workman and that the definition of the expression

"industrial dispute "is wide enough to cater a dispute raised

by the employer's workman with regard to non-employment

of others, who may not be employed as workman at the

relevant time. The Apex Court in Bombay Union of

Journalist [1961 (II) LLJ 436] has observed that in each

case in ascertaining whether an individual dispute has

acquired the character of an industrial dispute, the test is

whether at the date of reference, the dispute was taken up

as submitted by the union of the workmen of the employer

against whom, the dispute is raised by an individual

workman or by an appreciable number of workmen. In order,

therefore, to convert an individual dispute into an industrial

dispute, it has to be established that it has been taken up

by the union of employees of the establishment or by an

appreciable number of the employees of the establishment.

As far as union of the workmen of establishment itself is

concerned, the problem of espousal by them generally

presents little difficulty, since such workmen who are

members of such unions generally have a continuity of

interest with an individual employee who is one of their

fellow workman. But difficulty arise when the cause of a

workman, in a particular establishment is sponsored by a

union which is not of the workmen of that establishment

but is one of which membership is open to workmen of

their establishment as well as in that industry. In such a

case a union which has only microscopic number of the

workmen as its member, cannot sponsor any dispute arising

between the workmen and the management. A

representative character of the union has to be gathered

from the strength of the actual number of co-workers

sponsoring the dispute. The mere fact that a substantial

number of workmen of the establishment in which the

concerned workman was employee were also members of

the union would not constitute sponsorship. It must be

shown that they were connected together and arrived at

an understanding by a resolution or by other means and

collectively submitted the dispute.

19. The expression "industrial disputes" has been

construed by the Apex Court to include individual disputes,

because of the scheme of the Act. In Raghu Nath Gopal

Patvardhan [1957(1) LLJ 27] the Apex Court ruled as to

what dispute can be called as an industrial dispute. It was

laid thereon that (1) a dispute between the employer and a

single workman cannot be an industrial dispute, (2) it cannot

per-se be an industrial dispute but may become if it is taken

up by a trade union or a number of workmen. In Dharampal

Prem Chand [1965 (1) LLJ 668] it was commanded by the

Apex Court that a dispute raised by a single workman cannot

become an industrial dispute unless it is supported either

by his union or in the absence of a union by substantial

number of workmen. Same law was laid in the case of Indian

Express Newspaper (Pvt.) Limited [1970 (1) LLJ 132].

However, in Western India Match Company [1970 (II) LLJ

256], the Apex Court referred the precedent in Dimakuchi

Tea Estate's case [1958 (1) LLJ 500] and ruled that a dispute

relating to "any person becomes a dispute where the person

in respect of whom it is raised is one in whose employment,

non employment, terms of employment or conditions of

labour, the parties, dispute for a direct or substantial

interest".

20. What a substantial or considerable number of

workmen would be in a given case, depend on particular

facts of the case. The fact that an "industrial dispute", is

supported by other workmen will have to be established

either in the form of a resolution of the union of which

workman may be member or of the workmen themselves

who support the dispute or in any other manner. From the

mere fact that a general union, at whose instance an

"industrial dispute" concerning an individual workman is

referred for adjudication, has on its roll a few of the workmen

of the establishment as its members, it cannot be inferred

that the individual dispute has been converted into an

"industrial dispute". The Tribunal has therefore, to consider

the question as to how many of the fellow workman actually

espoused the cause of the concerned workman by

participating in the particular resolution of the Union. In

the absence of a such a determination by the Tribunal, it

52

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

cannot be said that the individual dispute acquired the

character of an industrial dispute and the Tribunal will not

acquire jurisdiction to adjudicate upon the dispute.

Nevertheless, in order to make a dispute an industrial

dispute, it is not necessary that there should always be a

resolution of substantial or appreciable number of workmen.

What is necessary is that there should be some express or

collective will of a substantial or an appreciable member of

the workmen treating the cause of the individual workman

as their own cause. Law to this effect was laid in P.

Somasundrameran [1970 (1) LLJ 558].

21. It is not necessary that the sponsoring union is a

registered trade union or a recognized trade union. Once it

is shown that a body of substantial number of workmen

either acting through a union or otherwise had sponsored

the workman's cause, it is sufficient to convert it into an

industrial dispute. In Pardeep Lamp Works [1970 (1) LLJ

507] complaints relating to dispute of ten workmen were

filed before the Conciliation Officer by the individual

workmen themselves. But their case was subsequently

taken up by a new union formed by large number of co

workmen, if not a majority of them. Since this union was

not registered or recognized, the workmen elected five

representatives to prosecute the cases of ten dismissed

workmen. Thus cases of the dismissed workmen were

espoused by the new union, yet unregistered and

unrecognized. The Apex Court held that the fact that these

disputes were not taken up by a registered or recognized

union does not mean that they were not "industrial dispute".

22. It is not expedient that same union should remain

incharge of that dispute till its adjudication. The dispute

may be espoused by the workmen of an establishment,

through a particular union for making such a dispute an

"industrial dispute", while the workman may be represented

before the Tribunal for the purpose of section 36 of the Act

by a member of executive or office bearer of altogether

another union. The crux of the matter is that the dispute

should be a dispute between the employer and his workmen.

It is not necessary that the dispute must be espoused or

conducted only by a registered trade union. Even if a trade

union ceases to be registered trade union during the

continuance of the adjudication proceedings that would

not affect the maintainability of the order of reference. Law

to this effect was laid by the High Court of Orissa in Gammon

India Limited [1974 (II) LLJ 34]. For ascertaining as to

whether an individual dispute has acquired character of an

individual dispute, the test is whether on the date of the

reference the dispute was taken up as supported by the

union of the workmen of the employer against whom the

dispute is raised by the individual workman or by an

appreciable number of the workman. In order words, the

validity of the reference of an industrial dispute must be

judged on the facts as they stood on the date of the

reference and not necessarily on the date when the cause

occurs. Reference can be made to a precedent in Western

India Match Co. Ltd. [1970 (II) LLJ 256].

23. Here in the case, not even an iota of facts are

brought over the record to the effect that the union took

up the cause of the claimant as their own. It is also not

shown that the members of the union had shown their

collective will in favour of the cause of the claimant. Thus

it is evident that there is a complete vaccum of facts to the

effect that the union espoused the cause of the claimant.

Resultantly there is no material to conclude to the effect

that the dispute acquired status of an industrial dispute.

The reference is laible to be answered against the claimant

on that score.

24. The Corporation agitates that a stale claim has

been referred for adjudication. Though pay for the post of

Choudhary has been claimed since the date of appointment

of the claimant, yet the dispute was raised in the year 2012.

The Corporation asserts that the dispute was not raised

within a reasonable time. The Corporation wants this

Tribunal to discard the claim of Shri Ramesh Chand,

projecting it to be a belated one. Section 10(1) of the Act

does not prescribe any period of limitation for making

reference of the dispute for adjudication. The words 'at

any time' used in sub section (1) of Section 10 of Act does

not admit of any limitation in making an order of reference.

Law of limitation, which might bar any Civil Court from

giving remedy in respect of lawful rights, cannot be applied

by Industrial Tribunals. However, policy of industrial

adjudication is that very state claim should not be generally

encouraged or allowed unless there is satisfactory

explanation for delay. In Shalimar Works Ltd. [1959(2) LLJ

26], Apex Court pointed out that though there is no

limitation prescribed in making reference of the dispute to

Industrial Tribunal. Even so, it is only reasonable that

disputes should be referred as soon as possible after having

arisen and on failure of conciliation proceedings. In Western

India Match Company [1970(2) LLJ 256] Apex Court

observed that in exercising its discretion, Government will

take into account time which has lapsed between its earlier

decision and the date when it decides to consider it in the

interest of justice and industrial peace to make the reference

adjudication. Same view was taken in Mahabir Jute Mills

Ltd. [1975 (2) LLJ 326]. In Gurman Singh [2000(1) LLJ 1080]

Industrial Adjudicator dismissed the reference on the

ground that there was delay of 8 years in raising the dispute,

which delay was condoned by the Apex Court and it was

ordered that the workman would not be entitled to any

back wages for the period of 8 years but would be entitled

to 50% of the wages from the date it raised the dispute till

the date of his reinstatement. In Prahalad Singh (2000(2)

LLJ 1653), the Apex Court approved the award of the

Tribunal in not granting any relief to the workman who

preferred the claim after a period of 13 years without any

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

53

reasonable or justifiable grounds. From the above decision,

it can be said that the law relating to delay in raising or

reference of dispute is bereft of any principles, which can

be easily comprehended by the litigants.

25. It would be considered as to whether a state claim

has been referred for adjudication by the appropriate

Government. As projected above, the claimant joined on

01.04.1978 and superannuated on 31.07.2007. He

approached the Conciliation Officer in the year 2012.

Consequently, it is emerging over the record that for more

than 24 years the claimant was sleeping and suddenly he

came out of slumbers and raised an industrial dispute. In

these circumstances spell of 24 years, without any action

on the part of the claimant makes his claim stale. I find that

the claimant was not justified to agitate his dispute after

such a long spell of time. He indulged in leisure litigation,

when he raised a dispute before the Conciliation Officer.

Delay in raising the dispute certainly creates hindrance

against the claimant, for grant of any relief to him.

26. For claim of new pay scale of Choudhary, it was

incumbent upon the claimant to establish that he had

performed duties of Choudhary. As projected by the

Corporation in the written statement, Shri Ramesh Chand

never performed duties of Choudhary and no office order

was ever issued by the Corporation assigning him duties

of Choudhary. In view of these facts, Shri Ramesh Chand

is not entitled to raise a claim for new pay scale Choudhary.

Resultantly, it is concluded that action of the Corporation

in denying the new pay scale of Choudhary to the claimant

is found to be justified. Shri Ramesh Chand is not entitled

to any relief on factual proposition too.

27. The foregoing reasons make me to conclude that

Shri Ramesh Chand is not entitled to new pay scale of

choudhary. Action of the Corporation in denying new pay

scale of Choudhary to Shri Ramesh Chand is found to be

justified. No relief can be granted in favour of Shri Ramesh

Chand. An award is, accordingly, passed. It be sent to the

appropriate Government for publication.

Date: 28.10.2013

Dr. R.K. YADAV, Presiding Officer

ubZ fnYyh] fnukad 18 fnlEcj] 2013

dkñvkñ 24.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dsUnzh; js'ke cksMZ 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 ,ao

Je U;k;y;] csaxywj ds iapkV ¼lanHkZ la[;k 151@2007½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 19@12@2013 dks izkIr gqvk FkkA

[lañ ,y&42011@115@2007&vkbZ vkj ¼Mh;w½]

ih- ds- os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 18th December, 2013

S.O. 24.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 151/

2007) of the Cental Government Industial Tribunal/Labour

Court, Bangalore now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of Central Silk Board and their workman, which

was received by the Central Government on 23/12/2013.

[No. L-42011/115/2007-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL T RIBUNAL-CUM-LABOUR COURT,

BANGALORE

Dated : 1st April, 2013

Present : Shri S.N. Navalgund, Presiding Officer

CR No. 151/2007

I Party

II Party

The President,

The Member Secretary,

Central Silk Board

Central Silk Board,

Employees Union,

CSB Complex,

C/o Manjunatha Stores,

BTM Layout,

3rd Main Pipeline West,

Madiwala,

Kasturba Nagar,

Mysore Road,

BANGALORE-560026

BANGALORE-560068

APPEARANCES

I Party

:

Shri V.S. Naik, Advocate

II Party

:

Shri N.S. Narasimha Swamy,

Advocate

AWARD

1. The Central Government by exercising the powers

conferred by Clause (d) of sub-section (1) of sub-section

2A of the Section 10 of the Industrial Disputes Act, 1947

has referred this dispute vide Order No. L-42011/115/2007-

IR(DU) dated 07.11.2007 for adjudication on the following

schedule:

SCHEDULE

"Whether the demand of the Central Silk Board

Employees Union for enhancement of retirement age

from 55 years to 60 years for the time scale farm

workers is legal and justified? If yes, to what relief

the workmen are entitled to?"

54

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

2. On receipt of the reference registering it in C R No.

151/2007 on the file of this court when notices were issued

to both the sides, they entered their appearance through

their respective advocates and I Party claim statement came

to be filed on 22.02.2008, whereas the counter statement of

the II Party came to be filed on 12.10.2010.

3. In the claim statement it is claimed the Central Silk

Board (hereinafter referred as II Party) running extensive

centres and their sub-units, silk testing and conditioning

House, textile testing centres, demonstration-cum-Training

centres (for reeling and spinning), Seed production centres,

Basic Seed Farm etc., engaging the casual workers to work

in the said units and after they put in certain years of service

absorb them as Time Scale Farm Workers (TSFWs) and

since from the inception their superannuation age is fixed

at 55 years and inspite of the age of retirement of its

permanent employees enhanced from 55 to 58 years and

then from 58 to 60 years as per the pay commission

recommendations, inspite of several requests and demands

no enhancement being made in the retirement age of the

TSFWs a demand was put forward to enhance their age of

retirement from 55 to 60 years on par with regular employees

working in the board and as there was no proper response

the I Party Union raised a dispute before the Regional

Labour Commissioner in No. 8(69)/99-B3 and as II party

which undertake to took a proper decision in spite of several

discussions failed to take a positive decision ultimately

the Regional Labour Commissioner submitted his failure

report, the Central Government made this reference for

adjudication. It is also stated in the claim statement in several

statutory bodies constituted by the Central Government

like National Seeds Corporation Limited, Indian Institute

of Horticulture Research etc., the age of retirement of casual

labourers enhanced to 60 years as per the Central Pay

Commission recommendations refusal on the part of the

II party to enhance the retirement age of TSFWs from 55

years to 60 years is prejudicial to them and they are entitled

for enhancement of their retirement age from 55 to 60 years.

Inter-alia, in the counter statement the demand of the

I party is opposed on the ground that fixation of retirement

age being a policy decision this court has no jurisdiction

to adjudicate on the same and that since II party is

operating under Ministry of Textiles, Government of India

engaging workers for various manual nature of work under

CSB and they are called as Casual or Time Scale Farm

Workers and that in August 1970 a settlement was entered

into between one of the Research Institute (Central

Sericulture and Research Training Institute, CSB, Mysore)

and the then existing Labour Union and as per the said

settlement the retirement age of casual and time scale farm

workers being fixed at 55 years and same is continued uptill

now, there is no justification in asking for enhancement of

the retirement age from 55 to 60 years. It is further

contended the casual workers and TSFWs being not the

Permanent/Regular employees of the II Party they cannot

claim the benefit extended to the regular employees with

regard to their retirement age on par with the Central

Government Employees. Thus it is contended that the

demand of the I Party Union being not legal and justified.

4. After completion of the pleadings when the learned

advocate appearing for the I party was called upon to lead

evidence, he filed the affidavit of Ravish Kondancha,

treasurer of the CSB Employees Union (herein after referred

as I Party) and examining him on oath as WW 1 got exhibited

Original Memorandum dated 19.11.1989; copy of the

Representation submitted by the CSB Employees Union

dated 6.10.1999 and 13.10.1999; copy of the Representation

submitted by the CSB Employees Union dated 19.1.2000;

copy of the circular dated 28.07.1998 issued by the National

Seeds Corporation Limited; copy of the Circular dated

05.06.1991 issued by the Indian Council of Agricultural

research; Original Notice dated 10.05.2011; copy of the

workmen appointment, Pay and Allowances regulations

1988 of National Dairy Development Board; attested copy

of a study on Age of Superannuation of Central Government

Employees in Institute of Applied Man Power research;

copy of letter dated 04.11.2010 addressed by the II Party to

the Ministry of Textiles and letter dated 10.02.2011 given

on RTI Application and copy of the letter dated 10.11.2011

by the I Party Union to the Ministry of Textiles as Ex W-1 to

Ex W-11 and in his cross-examination by the learned

advocate appearing for the II Party copy of the letter dated

08.08.2012 issued by the Ministry of Textiles, New Delhi to

the II Party got marked as Ex M-1. Inter-alia, the learned

advocate appearing for the II party while filing the affidavit

of Shri A.N. Yadhunath Rao, Assistant Director examining

him on oath as MW 1 got exhibited copy of the agreement

between the CSRTI Union and the II Party management

dated 01.08.1970 as Ex M-2 and in his cross-examination

the learned advocate appearing for the I party got exhibited

copy of report of committee constituted during 2005 for

adopting temporary status scheme of 1993 as Ex W-12.

5. With the above pleadings and evidence placed on

record by both the sides, the arguments addressed by both

the sides were heard.

6. On appreciation of the pleadings, oral and

documentary evidence placed on record by both the sides

in the light of the arguments addressed by the learned

advocates, I have arrived at conclusion the demand of the

Central Silk Board Employees Union for enhancement of

retirement age from 55 years to 60 years for the time scale

farm workers being legal and justified and that they are

entitle for enhancement of their retirement age from 55 years

to 60 years for the following reasons:

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

55

Reasons

7. Admittedly, the services of the TSFWs are not

regularized and their claim in that respect being denied by

this court they have approached the Hon'ble High Court of

Karnataka in W.P. No. 26513/2007 and W P No. 19130/2007

and if at all their services were regularized as per their claim

pending in their Writ Petition their age of superannuation

would have been automatically enhanced to 60 years and

there would have been no necessity to proceed with this

reference. Only because the present age of retirement of

TSFWs is 55 years as per the settlement/agreement it is

not a ground to reject their claim for enhancement of the

retirement age to 60 years. As rightly urged on behalf of

the I Party workmen the II Party itself in its letter addressed

to Joint Secretary (Silk), Ministry of Textiles dated 04.11.2010

marked as Ex W-9 having unequivocally stated:

"The Casual Labourers/Farm Workers working in

other autonomous bodies like coffee Board, Spices Board

IIHR and National Seeds Corporation Limited, etc., have

fixed the retirement age of their Casual Labourers/Farm

Workers at 58 years/60 years. The copies of replies received

from the said organizations are enclosed herewith for ready

reference. It is pertinent to state that there is no other

organization found to have fixed the retirement age at

55 years for such category of workers. It is also relevant to

mention that the Farm Workers of CSB are covered under

the Employees Provident Fund and Miscellaneous

Provisions Act, 1952, and are contributing towards EPF

and other benefits under the said act. The said Act apart

from providing EPF benefits to its subscribers, also provides

for payment of monthly Pension and also Family Pension

to the subscribers/their nominees based on the qualifying

service, rate of contribution etc. The monthly Pension

under the said Act becomes payable at a subscriber on

attaining the age of 58 years. If a subscriber opts for pension

at the age of 55 years, he will get lesser pension or

alternatively a certificate giving commitment to the

subscriber to pay the pension from 58th years in which

case he will not get any pension from 55th to 58th year. In

view of the these statutory provisions, our Farm Workers

are deprived of pension immediately on their

superannuation at the age of 55 years or they will have to

be satisfied with lesser rate of pension. In these

circumstances, it is just and reasonable that their age of

retirement is enhanced to 58 years. The pendency of the

aforesaid case does not come in the way of consideration

of this proposal by the Ministry and in case the ministry

considers this proposal, the Board can seek dismissal of

the Central Reference as settled. The financial implication

of this account works out to approximately Rs. 2.05 crores

per year."

8. It is a clear admission the age of the retirement of

such type of workers in other similar organisations are

raised to 58 and 60 years there are no reasons for the

II party to disown their own recommendations or to refuse

the claim of the I Party Union. When this recommendations

was made to the Textile Ministry, the Textile Ministry

without disputing this position in its reply dated 08.08.2012

copy of which is produced at Ex M-1 while agreeing to

enhance the retirement age of TSFWs from 55 years to 58

years w.e.f. 16.07.2012 with certain other conditions imposed

a condition at clause (d) that the TSFWs and their Unions

shall withdraw all the cases filed in different courts for

grant of temporary status and undertake not to raise these

issues any further or claim temporary status in future which

clause is not accepted by I Party. Thereby the II Party as

well as its controlling Ministry practically agreed the

demand for enhancement of the age being justified but

unnecessarily insisted the Union and the TSFWs to

withdraw all cases filed in different court and to undertake

not to raise such issues any further or claim temporary

status in future is unreasonable and they should allow

such demand of workmen to be decided by the appropriate/

competent courts before which such matters are pending.

9. It was vehemently argued by the learned advocate

appearing for the II party that when the Union Representing

the casual labourers and TSFWs working in the II Party by

way of settlement agreed the age of superannuation is to

be 55 years, unless the same is duly cancelled their demand

for enhancement of superannuation age of 60 years is

untenable. The alleged agreement relied upon by the learned

advocate appearing for the II Party is produced at Ex. M-2.

On entire reading of the agreement there is no specific

clause as to the superannuation age but only under

clause (2) of the agreement with regard to the strength of

the labourers to be given the wage scale benefits shall be

restricted to 75 in number and that the initial encaderment

will be on the basis of strict seniority from among those

within the age of superannuation, referred to as 55 years.

The said clause in the agreement is as under:

"Clause 2: It was also agreed upon that the permanent

strength of the labourers to be given the above wage

scale benefits will be restricted to seventy five (75)

in number (excluding watch and ward staff). The

initial encaderment will be on the basis of strict

seniority from among those within the age of

superannuation namely 55 years."

10. Since in the year 1970 the age of the

Superannuation of Regular Employees of II Party par with

the Central Government Employees was also 55 years the

superannuation age of these workmen must have also been

referred as 55 years in Ex. M-2, therefore, on this ground

also when as per the recommendations of the Central Pay

Commission from time to time the superannuation age of

the regular employees of the II Party have been enhanced

and as per the recommendations of the 5th pay Commission

the enhancement of regular employees of the II Party have

been raised from 58 years to 60 years for the same benefit

the I Party workmen are also entitled to.

56

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

11. The learned advocate appearing for the II Party

while referring to the certain admissions in the Cross-

examination of WW1 the nature of job of TSFWs being

that of a casual labourer involving physical labour urged

that such workmen cannot work after attaining the age of

55 years as such also their claim for enhancement of age of

superannuation from 55 years to 60 years is not justified.

With due respect to the learned advocate appearing for the

II Party there is no evidence that the efficiency of a physical

labourer in these days will be diminished after attaining the

age of 55 years comparative to the employees working

sitting on the chairs. On the other hand in my opinion the

health of a worker involving a physical labour will be

stronger/healthier comparative to the employees working

sitting on the chairs which is sedentary. In the upshot of

the above discussion, I arrive at the conclusion the demand

of the Central Silk Board Employees Union for enhancement

of retirement age from 55 years to 60 years for the time

scale farm workers is legal and justified and that they are

entitle to enhancement of superannuation age from 52 years

to 60 years. In the result, I pass the following Order:

ORDER

The reference is allowed holding that the demand of

the Central Silk Board Employees Union for enhancement

of retirement age from 55 years to 60 years for the time

scale farm workers is legal and justified and that they are

entitle to enhancement of their retirement age from 55 years

to 60 years.

(Dictated to UDC, transcribed by him, corrected and

signed by me on 1st April 2013)

S.N. NAVALGUND, Presiding Officer

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 25.—vkS|kSfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsaæh; ljdkj fMikVZesaV vkWQ

VsyhdE;wfuds'ku] Hkksiky ds izca/kra= ds lac) fu;kstdksa vkSj muds

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

vkS|ksfxd vf/kdj.k] tcyiqj ds iapkV lanHkZ la[;k ¼143@98½ dks

izdkf'kr djrh gS] tks dsaæh; ljdkj dks 18&12&2013 dks izkIr gqvk

FkkA

[lañ ,y&40012@2@98&vkbZvkj ¼Mhñ;wñ½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 19th December, 2013

S.O. 25.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 143/98)

of the Cent.Govt.Indus.Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Deptt. of Telecommunication,

Bhopal and their workmen, received by the Central

Government on 18/12/2013.

[No. L-40012/2/98-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/143/98

Presiding Officer : SHRI R.B. PATLE

Shri Ramswaroop Maurya,

Raghunanadan Prasad Maurya,

Laxmiganj Gallamandi,

Koti No. 126, Barkhedi,

Bhopal

....Workman

Versus

Chief General Manager,

Deptt. of Telecommunication,

Hoshangabad Road,

M.P. Circle,

Bhopal

....Management

AWARD

(Passed on this 1st day of October-2013)

1. As per letter dated 20-7-1998 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-40012/

2/98/IR(DU). The dispute under reference relates to:

"Whether the action of the management of Chief

General Manager, Telecom in terminating the services

of Shri Ram Swaroop Maurya w.e.f. May 88 is

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

for?"

2. After receiving reference, notices were issued to

parties. Ist Party workman filed statement of claim at Page

2/1 to 2/3. The case of Ist Party workman is that he was

working on muster roll under the supervision of the officers

of IInd party from 1984. He was working under Junior

Telecom Engineer, Shahapur, Bhopal. In 1984, he worked

for 183 days, 1985 for 221 days, 1987 for 77 days, 1988 for

307 days, 1989 for 365 days & 1990 for 120 days. That the

work was started in ACG-17 in place of muster roll as per

order of the respondent management. That he was

continuously working with the satisfaction of his superiors.

His service record was unblemished. He was required to

work as per directions given by Chief General Manager,

Telecommunication, Bhopal. That his services were

discontinued in May 1988 without issuing notice, he was

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

57

not given any opportunity before termination of his

services. He had completed 240 days continuous service

in the preceding calender year. He was entitled to be

regularized in service. After his termination, new hands

were allowed to work. That in many cases, Tribunal issued

directions for regularization of the persons not to terminate

services of the employees. He claimed that as he had

completed 240 days service, he is entitled for regularization.

On such grounds, workman prayed for his reinstatement

with consequential benefits.

3. Management of IInd Party filed Written Statement

at Page 4/1 to 4/2. The claim of workman is denied. That the

workman was engaged purely as casual labour. His service

was restricted to each working day commencing at morning

till evening. The services of casual labours are covered by

the policy covered by the deptt. as per existing requirement.

It is denied that workman was terminated in May 1988, IInd

Party submits that services of workman were discontinued

from 2-5-90. He was paid one month's wages i.e. Rs. 1035

and 1550 towards retrenchment compensation under

section 25 of I.D. Act. That the workman was found

continuously absent for a period of 25 months from

September 1985 to Sept. 1987. The break period of 25

months could not be condoned by Competent Authority

as the period was exceeding 12 months. Workman was

restricted by the Deptt. It is submitted that workman has

not completed 240 days continuous service. There is no

question of regularization of service. Order dated 20-5-95

passed CAT is not applicable in the case. That the workman

on his own accord failed to render service. His absence

from service could not be condoned. His services

automatically came to an end. On such ground, IInd Party

submits that the 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 management of Chief

General Manager, Telecom in terminating the services

of Shri Ram Swaroop Maurya w.e.f. May 88 is legal?

In Affirmative

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

Relief prayed by workman is rejected.

REASONS

5. Though the workman is challenging termination

of his services rendered as per the terms of reference,

statement of claim is filed. However workman filed affidavit

of his evidence but he remained absent and failed to make

available for cross-examination. His evidence was closed

on 4-5-2010 observing that his evidence shall not be

considered.

6. Management filed affidavit of evidence of its

witness Shri A.K. Balpande, He has stated in his affidavit

that the workman was found continuously absent for

25 months from Sept.-85 to Sept. 86. That workman was

paid one months pay Rs. 1035 and retrenchment

compensation Rs. 1052. The evidence of management's

witness remained unchallenged as workman remained

absent and failed to cross-examine the witness of the

management. Thus the evidence of workman cannot be

considered and he failed to remain present for his cross-

examination. The management's witness was not cross-

examined. I find no reason to discard evidence of

management's witness therefore termination of services of

workman cannot be said illegal. For above reasons I record

my finding in Point No. 1 in Affirmative.

7. In the result awared is passed as under:—

(1) Action of the management of Chief General Manager,

Telecom in terminating the services of Shri Ram

Swaroop Maurya w.e.f. May 88 is proper.

(2) Relief prayed by workman is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 26.—vkS|ksfxd fookn vfèfu;e 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ftyk vfHk;ark

nwjlapkj] jktx<+ 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 ,oa Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k CGIT/

LC/R/44/2002½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

19@12@2013 dks izkIr gqvk FkkA

[lañ ,y&40012@302@2001&vkbZvkj ¼Mh;w½]

ih- ds- os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 19th December, 2013

S.O. 26.—In pursuance of Section 17 of the

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

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

LC/44/2002) of the Central Government Industrial Tribunal/

Labour Court, Jabalpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of Telecom District Engineer, Rajgarh and

their workman, which was received by the Central

Government on 19/12/2013.

[No. L-40012/302/2001-IR (DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/44/2002

SHRI R.B. PATLE, Presiding Officer

58

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Shri Mohd Raiz Khan,

C/o Abdul Matten,

Vill: Udhankhedi,

Tehsil Sarangpur, Biaora,

Rajgarh

...Workman

Versus

Telecom District Engineer,

O/0 the TDE,

Rajgarh, At Biaora,

Rajgarh

....Management

AWARD

(Passed on this 13th day of November 2013)

1. As per letter dated 25.2.2002 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-40012/302/2001-IR (DU). The dispute under reference

relates to:

"Whether the action of the management of Telecom

Distt. Engineer, Biaora, Distt. Rajgarh in terminating

the services of Shri Mohd. Raiz Khan S/o Shri Abdul

Rasheed Khan w.e.f. September 2000 is justified? If

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

2. After receiving reference, notices were issued to

the parties. Ist Party workman submitted Statement of Claim

at Page 2/1 to 2/2. The case of Ist Party is that he was

employed as casual mazdoor by IInd Party. He had worked

for more than 240 days prior to his termination. He was not

paid retrenchment compensation. Therefore his termination

is illegal. On such ground, workman prayed for his

reinstatement with consequential benefits.

3. IInd Party filed Written Statement. IInd Party

denied that workman was never engaged by the

management. There is no question of terminating his

services. That there was no question of completing 240

days service by the workman. There was no question of

payment of retrenchment compensation as workman was

never engaged by the IInd Party. On such ground, IInd

Party prays for rejection of the claim.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

In Affirmative

management of Telecom Distt.

Engineer, Biaora, Distt.

Rajgarh in terminating the

services of Shri Mohd. Raiz

Khan S/o Shri Abdul Rasheed

Khan w.e.f. September 2000 is

justified?

(ii) If not, what relief the Relief prayed by workman is

workman is entitled to?" rejected.

REASONS

5. Though in Statement of claim, the workman is

challenging termination of his services on the ground that

retrenchment compensation was not paid to him. That he

had completed 240 days service prior to his termination.

IInd Party denied above contentions of workman. Workman

has not adduced any evidence. Evidence of workman was

closed on 31.5.2011. Management filed affidavit of evidence

of Ramzan Khan. The witness of the management had

denied that workman was engaged by the management.

That there was no question of completing 240 days service.

The evidence of management's witness remained

unchallenged. I do not find reason to disbelieve evidence

of management's witness as workman has not adduced his

evidence to establish that he was working for more than

240 days with the IInd Party. Workman is not covered under

Section 25(B) of I.D. Act is not entitled to protection of

Section 25-F of I.D. Act. The termination cannot be said

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

Affirmative.

6. In the result, award is passed as under:—

(1) Action of the management of Telecom Distt. Engineer,

Biaora, Distt. Rajgarh in terminating the services of

Shri Mohd. Raiz Khan S/o Shri Abdul Rasheed Khan

w.e.f. September 2000 is proper.

(2) Relief prayed by workman is rejected.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 27.—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eq[; tujy

esustj] gsoh okVj IykaV ds izcaèra= ds lac) fu;kstdksa vkSj muds

deZdkjk— ds chp vuqcaè esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vfèdj.k ,oa Je U;k;ky;] gSnjkckn ds iapkV

¼lanHkZ la[;k 4/2011½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

19@12@2013 dks izkIr gqvk FkkA

[lañ ,y&42011@64@2010&vkbZ vkj ¼Mh ;w½]

ih- ds- os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 19th December, 2013

S.O. 27.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 4/2011) of the Central

Government Industrial Tribunal/Labour Court, Hyderabad

now as shown in the Annexure in the Industrial Dispute

between the employers in relation to the management of

The Chief General Manager, Heavy Water Plant, Khammam

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

59

and their workman, which was received by the Central

Government on 19/12/2013.

[No. L-42011/64/2010-IR (DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT: SMT. M. VIJAYA LAKSHMI, Presiding

Officer

Dated the 5th day of June, 2013

INDUSTRIAL DISPUTE NO. 4/2011

BETWEEN:

Sri Syed Khasim Hussain,

(Rep. of workman)

Ex. Scientific Asstt. 'D',

H.No. 11-2-71, Sree Nagar Colony,

New Palvoncha (P.O.)-507115.

Khammam District.

.....Petitioner

AND

The Chief General Manager,

M/s. Heavy Water Plant (Manuguru).

Aswapuram-507116.

Khammam District.

....Respondent

APPEARANCES:

For the Petitioner :

Sri M.V.L. Narasaiah, Advocate

For the Respondent :

None

AWARD

The Government of India, Ministry of Labour by its

Order No. L-42011/64/2010-IR(DU) dated 31/1/2011 referred

the following dispute under section 10(1)(d) of the Act,

1947 for adjudication to this Tribunal between the

management of M/s. Heavy Water Plant and their workmen.

The reference is,

SCHEDULE

"Whether the demand of Shri N. Narasimha Chary,

contract labour employed by H.W.P.(M) SC, BC and

other Land Loosers Contract Labour Cooperative

Society Ltd., Aswapuram for payment of Bonus as

per provisions of the Payment of Bonus Act, 1965, is

justified? If so, what relief the workman is entitled

to?"

The reference is numbered in this Tribunal as I.D.

No. 4/2011 and notices were issued to the parties.

2. Case stands posted for filing claim statement and

documents by the Petitioner union.

3. Petitioner union called absent and there is no

representation. Chaim statement and documents are not

filed inspite of giving fair opportunity. Petitioner union is

not taking interest in the proceedings though the matter is

pending since 2011. Taking that Petitioner union is not

interested in the proceedings of the case, 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 5th day

of June, 2013.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 28.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj funs'kd] Hkkjrh;

lkaf[;dh laLFkku 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;] gSnjkckn ds iapkV ¼lanHkZ la[;k 5@2007½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 19@12@2013 dks izkIr

gqvk FkkA

[lañ ,yñ 42012@31@2006&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 19th December, 2013

S.O. 28.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 5/2007)

of the Central Government Industrial Tribunal/Labour

Court, Hyderabad now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of The Director, Indian Statistical Institute,

Kolkata and their workman, which was received by the

Central Government on 19/12/2013.

[No. L-42012/31/2006-IR (DU)]

P. K. VENUGOPAL, Section Officer

60

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT: Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 7th day of June, 2013

INDUSTRIAL DISPUTE No. 5/2007

BETWEEN:

1. Smt. C. Samudramma

W/o Sri C. Jangaiah,

R/o 2-3-456, Raghunathanagar,

Amberpet, Hyderabad.

2. Smt. A. Pushpamma,

W/o Sri A. Ashok Kumar,

R/o H.No. 29, Osmania University,

Camp No. 5, Hyderabad ....Petitioner

AND

1. The Director,

Indian Statistical Institute,

203, BT Road,

Kolkata - 700035.

2. The Executive Incharge,

Indian Statistical Institute,

Street No. 8, Habsiguda,

Hyderabad. ....Respondents

APPEARANCES:

For the Petitioner

:

M/s. G. Ravi Mohan, Ch.

Satyanarayana, G. Naresh

Kumar, Vikas Sharma & G. Pavan

Kumar, Advocates

For the Respondent

:

M/s. A.K. Jayaprakash Roa, M.

Govind & Vekatesh Dixit,

Advocates

AWARD

The Government of India, Ministry of Labour by its

Order No. L-42012/31/2006-IR(DU) dated 8.12.2006 referred

the following dispute under section 10(1) of the I.D. Act,

1947 for adjudication to this Tribunal between the

management of Indian Statistical Institute and their

workwmen. The reference is,

"Whether the action of the management of M/s.

Indian Statistical Institute, Hyderabad (A.P.) in

denying regularization of services of Smt. C.

Samudramma and Smt. A. Pushpamma, Casual

Workers, is proper and justified? If not, to what relief

the said workers are entitled and from what date?"

The reference is numbered in this Tribunal as I.D.

No. 5/2007 and notices were issued to the parties concerned.

2. Petitioners filed claim statement. Petitioners did

not file any document. Respondents filed counter and

stated that they have no documents to file.

3. The case stands posted for evidence of Petitioners,

Petitioners called absent and there is no representation

since long time as such, their right to adduce evidence was

forfeited. Respondent reported no evidence.

4. It is reported by the Respondent counsel on

23.4.2013 that 1st Petitioner expired, but no Legal

Representatives are brought on record and further 2nd

Petitioner has not adduced any evidence, which shows

that he is not interested in proceedings.

5. Inspite of giving fair opportunity 2nd Petitioner is

called absent and there is not representation. The legal

representative if any of the deceased 1st Petitioner also

is/are not taking interest in the proceedings. In the given

circumstances, considering that 2nd Petitioner and the legal

representative(s) if any of the 1st Petitioner are 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 7th day

of June, 2013.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 29.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,e- b- ,l-

HkfVaMk daVksuesaV 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] paMhx<+ ds iapkV lanHkZ la[;k ¼79] 80] 81]

82] 83] 85@2005½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

18&12&2013 dks izkIr gqvk FkkA

[lañ ,y&14012@59@2004&vkbZvkj ¼Mh;w½]

lañ ,y&14012@58@2004&vkbZvkj ¼Mh;w½]

lañ ,y&14012@57@2004&vkbZvkj ¼Mh;w½]

lañ ,y&14012@56@2004&vkbZvkj ¼Mh;w½]

lañ ,y&14012@55@2004&vkbZvkj ¼Mh;w½]

lañ ,y&14012@53@2004&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

61

New Delhi, the 19th December, 2013

S.O. 29.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 79/2005,

80/2005, 81/2005, 82/2005, 83/2005 and 85/2005) of the

Cent.Govt.Indus. Tribunal-cum-Labour Court No. 2,

Chandigarh as shown in the Annexure, in the industrial

dispute between the management of MES Bathinda Cantt.,

and their workmen, received by the Central Government on

18/12/2013.

[No. L-14012/59/2004 - IR(DU),

No. L-14012/58/2004 - IR(DU),

No. L-14012/57/2004 - IR(DU),

No. L-14012/56/2004 - IR(DU),

No. L-14012/55/2004 - IR(DU),

No. L-14012/53/2004 - IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

PRESENT: Sri A. K. Rastogi, Presiding Officer

Case No. I.D. No. 79/2005

Registered on 20.4.2005

Sh. Sukhpal Singh C/o Sh. Dinesh Kumar, #431,

Sector 15/A, Chandigarh.

I.D. No. 80/2005

Registered on 20.4.2005

Sh. Dilbar Singh C/o Sh. Dinesh Kumar, #431,

Sector 15/A, Chandigarh.

I.D. No. 81/2005

Registered on 20.4.2005

Sh. Darshan Singh C/o Sh. Dinesh Kumar, #431,

Sector 15/A, Chandigarh.

I.D. No. 82/2005

Registered on 20.4.2005

Sh. Major Singh C/o Sh. Dinesh Kumar, #431,

Sector 15/A, Chandigarh.

I.D. No. 83/2005

Registered on 20.4.2005

Sh. Sohan Singh C/o Sh. Dinesh Kumar, #431,

Sector 15/A, Chandigarh.

I.D. No. 85/2005

Registered on 20.4.2005

Sh. Manjit Singh C/o Sh. Dinesh Kumar, #431,

Sector 15/A, Chandigarh.

Versus

The Garrsion Engineer (Utility), MES Bathinda Cantt.,

Bathinda

...Respondent

APPEARANCES:

For the workman

-

Sh. Chaman Lal, Adv.

For the management

-

Sh. K. K. Thakur, Adv.

AWARD

Passed on 24.7.2013

Central Government vide Order No. L-14012/59/2004

[IR(DU)], L-14012/58/2004 [IR(DU)], L-14012/57/2004

[IR(DU)], L-14012/56/2004 [IR(DU)], L-14012/55/2004

[IR(DU)] and L-14012/53/2004 [IR(DU)] all dated 29/3/2005

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 has referred the following industrial

disputes for adjudication to this Tribunal.

ID No. 79/2005

"Whether the action of the management of Garrison

Engineer (Utility), Bathinda Cantt, Bathinda in terminating

the services of Sh. Sukhpal Singh S/o Sh. Lachhman Singh,

w.e.f. 24/02/2004 even without complying with the statutory

provisions of ID Act is just and legal? If not, to what relief

the workman is entitled and from which date?"

ID No. 80/2005

"Whether the action of the management of Garrison

Engineer (Utility), Bathinda Cantt, Bathinda in terminating

the services of Sh. Dilbar Singh S/o Sh. Jagjit Singh, w.e.f

9/3/2004 even without complying with the statutory

provisions of ID Act is just and legal? If not, to what relief

the workman is entitled and from which date?"

ID No. 81/2005

"Whether the action of the management of Garrison

Engineer (Utility), Bathinda Cantt, Bathinda in terminating

the services of Sh. Darshan Singh S/o Sh. Jeet Singh, w.e.f.

24/02/2004 even without complying with the statutory

provisions of ID Act is just and legal? If not, to what relief

the workman is entitled and from which date?"

ID No. 82/2005

"Whether the action of the management of Garrison

Engineer (Utility), Bathinda Cantt, Bathinda in terminating

the services of Sh. Major Singh S/o Sh. Kaka Singh, w.e.f.

24/02/2004 even without complying with the statutory

provisions of ID Act is just and legal? If not, to what relief

the workman is entitled and from which date?"

ID No. 83/2005

"Whether the action of the management of Garrison

Engineer (Utility), Bathinda Cantt, Bathinda in terminating

the services of Sh. Sohan Singh S/o Sh. Roshan Singh,

w.e.f. 24/02/2004 even without complying with the statutory

provisions of ID Act is just and legal? If not, to what relief

the workman is entitled and from which date?"

ID No. 85/2005

"Whether the action of the management of Garrison

Engineer (Utility), Bathinda Cantt, Bathinda in terminating

the services of Sh. Manjit Singh S/o Sh. Jaswant Singh,

w.e.f. 24/02/2004 even without complying with the statutory

provisions of ID Act is just and legal? If not, to what relief

the workman is entitled and from which date?"

62

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Since in all the references common questions of law

and fact are involved hence they are being decided by this

common award.

As per claim statements the workman had been

employed by the Garrison Engineer (Utility) MES Bathinda

through the Contractor and the workmen continued despite

the change of contractors. All the workmen had been

appointed as operator (skilled worker) between 1989 to

2001 but the services of all the workmen except of Dilbar

Singh (of ID No. 80/2005) were terminated on 24/2/2004

and that of Dilbar Singh on 9.3.2004 in violation of the

provisions of Section 25F, G and H of the Act. The workmen

had continuously worked from the date of employment till

the date of termination and had completed more than 240

days service in a calendar year preceding the date of their

termination. While terminating their services the juniors

were retained and after the termination new hands were

employed afresh without making any offer of re-

employment to the workmen. It has also been alleged that

the so-called contract system by the MES authorities is

sham and a smoke screen and upon lifting the veil it would

be found that the contract system has been adopted by

the MES authorities only with a view to exploit the

unemployment conditions. The employment through

contractors is only a pretext and in fact there is direct

relationship of master and servant between the MES

authorities and the workmen. The workmen worked under

the direct supervision and control of the MES authorities.

Log Book were written/maintained by the workmen and

checked by the officials of MES authorities. They had been

issued I. Cards by the respondent and the ultimate authority

to appoint rested with the MES authorities. The ultimate

disciplinary control was also with them and the present

termination is also at the behest of the MES Authorities

being the principal employer. It was also alleged that neither

the MES authorities and nor the contractors are registered

under the Contract Labour (Regulation and Abolition) Act,

1970 hence for all intents and purposes the workmen are

the employees of MES authorities. They have claimed their

reinstatement with continuity in service and full back

wages.

The claims were contested by the management and

it was alleged that undisputedly workmen were employed

by the contractors who had been given the task of manning

and operation of installations of the management and there

was no relationship of employer and employee between

the management and the workmen. The workmen were

never fully integrated into the management because all the

powers namely, power to select and dismiss, power to pay

remunerations, power to organize work, power to supply

tools and materials lie solely with the contractor and the

provisions of Section 25F, G and H are not attracted in

these cases.

A replication was filed on behalf of workmen and the

contents made in the claim statements were reiterated.

The workmen examined themselves in their respective

cases but subsequently stopped appearing in the case.

When they did not appear despite several adjournments

the cases were ordered to proceed ex parte against them.

On behalf of management statement of Indal Prasad was

recorded. His statement could not be completed and had

been deferred on the request of learned counsel for

workmen but as subsequently the workmen were put ex

parte hence, the witness was discharged.

I have heard the learned counsel for the management

and perused the evidence on record. All the workmen have

admitted that they have not been given appointment letters

and termination order by the management. They have also

admitted that the salary was being paid to them by the

contractor. The workmen have filed security pass and I.

Card etc. but they cannot be accepted as a proof of

employment by the management. The learned counsel for

management argued that since the relationship of master

and servant has been alleged by the workmen hence, it

was for them to prove it. There is no evidence to show that

they had been appointed by the management and they had

worked under the supervision and control of the

management and they had integrated with the management.

I agree with the learned counsel for management that

absolutely there is no evidence to prove that the workmen

were the employees of the management. There is nothing

on record to show that they worked under the supervision

and control of the management, they were under the

disciplinary control of the management, they were an

integral part of the management organization; and, they

themselves have admitted that they were not being paid

by the management. Hence, I am of the view that the

workmen were not the employees of the management.

Even if it is assumed that the MES and the contractor

through whom the workmen alleged to have been employed

by the management are not registered under the Contract

Labour (Regulation and Abolition) Act, 1970 then they may

be liable for action under the said Act, but the violation of

the provisions of the said Act cannot make the workmen

the employees of the MES. Since the workmen were not

the employees of the respondent hence, there was no

obligation on the management to comply with the provision

of Section 25F, G and H of the Act. The workmen were

neither the appointees of the management nor their services

were terminated by the management hence, they are not

entitled to any relief. References are answered against the

workmen. A copy of award be placed on the record of ID

No. 79/2005, ID No. 80/2005, ID No. 81/2005, 82/2005, 83/

2005 and ID No. 85/2005 each. Hard and soft copies of the

award be sent to the Central Government for further

necessary action.

ASHOK KUMAR RASTOGI, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

63

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 30.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj i x bZ e b j 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]

paMhx<+ ds iapkV ¼lanHkZ la[;k 1364@2008½ dks izdkf'kr djrh gS

tks dsUnzh; ljdkj dks 18@12@2013 dks izkIr gqvk FkkA

[lañ ,y&42012@102@2007&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 19th December, 2013

S.O. 30.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 1364/

2008) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

Chandigarh No. II as shown in the Annexure in the industrial

dispute between the management of P.G.I.M.E.R. and their

workmen, received by the Central Government on

18/12/2013.

[No. L-42012/102/2007-IR(DU)]

P.K. VENU GOPAL, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

PRESENT: SRI A.K. RASTOGI, Presiding Officer

Case No. I.D. 1364/2008

Registered on 11.3.2008

Smt. Santosh W/o Sh. Rajender, H. No. 906, Janata

Colony, Sector 12, Chandigarh.

...Petitioner

Versus

1.

The Director, PGIMER, Sector 12, Chandigarh.

2.

M/s A.N. Kapoor (Janitors) Private Limited, PGIMER

Room No. 38, Nehru Sarai, Chandigarh.

...Respondent

APPEARANCES:

For the workman :

Sh. Anil Mehta Adv.

For the management :

Sh. Madan Mohan Advocate

AWARD

(Passed on 9.4.2013)

Central Government vide Notification No. L-42012/

102/2007-IR(DU) Dated 29.2.2008, 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 Áct') has referred the following

Industrial dispute for adjudication to this Tribunal:—

"Whether the action of the management of M/s A.N.

Kapoor (Janitors) Private Limited a contractor of the

Nehru Hospital, PGIMER, Chandigarh in terminating

the services of their workman Smt. Santosh w.e.f.

18.11.2006 is legal and justified? If not, to what relief

the workman is entitled to?"

After receiving the reference notices were issued to

the parties. They put in their appearance but respondent

No. 2 did not appear subsequently and contest the case

hence he was put ex parte vide order dated 30.3.2012.

In the claim statement workman pleaded that she

was appointed by Director PGI w.e.f. April 2001 on monthly

salary of Rs. 2400 and she continued to work till April 2005

when her services were deployed to the contractor

respondent No. 2 i.e. M/s A.N. Kapoor. She continued to

work with the above mentioned contractor up to 17.11.2006

when her services were terminated by the above mentioned

respondent No. 2. It is pleaded by the workman that for all

intents and purposes she was the employee of respondent

No. 1 i.e. PGI as she was under the control of that

respondent who was the principal employer. She has

completed more than five years service with the

management and completed 240 days in preceding year. It

was also alleged that the action of the management in

terminating the services of the workman is against the

provisions of Industrial Disputes Act. That mandatory

provision of Section 25F has not been complied with as

she was not given any notice and notice pay or

retrenchment compensation at the time of termination. The

principle of "first come last go"was also not observed by

the management and juniors to her were retained. It is

further pleaded by the workman that her termination is not

a termination simplicator but it is a punishment and the

management has not conducted any inquiry. The

termination is illegal and is liable to be set aside. According

to her she is entitled to reinstatement with full back wages

and continuity of service.

The claim was contested by the management of PGI

i.e. respondent No. 1. They filed written statement inter

alia pleading that the workman was employed by contractor

M/s A.N. Kapoor Private Limited in accordance with the

terms and conditions settled between them without any

involvement of the answering respondent PGI. Mere

employment of contract labour does not create any

relationship as direct employee of the management of the

PGI. There was no relationship between the applicant and

the management of PGI and provisions of ID Act are not

64

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

applicable qua the respondent No. 1 i.e. PGI. Therefore the

reference be decided in favour of the management of PGI.

In support of her case the workman filed her affidavit

while on behalf of management (PGI) affidavit of Sh. C.S.

Maan, Administrative Officer (H) was filed.

However on 9.4.2013 workman Santosh appeared and

gave the statement that she is presently working with the

Contractor Gill of PGI and she has no dispute with the old

Contractor i.e. M/s A.N. Kapoor Private Limited and she

does not want to pursue the present reference. It is thus

clear from the statement of workman that there is no dispute

now between the parties. Therefore a 'No Dispute' award is

passed in the case. Let two copies of the award be sent to

the Central Government for further necessary action.

ASHOK KUMAR RASTOGI, Presiding Officer

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 31.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lhfu;j lqifjUVsUMsV]

VsyhxzkQ] xksf<+;kjh] jk;iqj 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] tcyiqj ds iapkV lanHkZ la[;k

¼210@93½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

18-12-2013 dks izkIr gqvk FkkA

[lañ ,y&40012@124@92&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 19th December, 2013

S.O. 31.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 210/93) of

the Central Government Industrial Tribunal-cum-Labour

Court No. 1, Jabalpur as shown in the Annexure, in the

industrial dispute between the management of Senior

Superintendent, Telegraph Traffic, Godhiyari, Raipur and

their workman, received by the Central Government on

18.12.2013.

[No. L-40012/124/92-IR(DU)]

P.K. VENU GOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/210/93

PRESIDING OFFICER: SHRI R.B. PATLE

Shri Ramu Srivas,

S/o Babulal Srivas,

Resident of Gudhiyari,

Raipur (M.P.)

....Workman

Versus

Senior Superintendent,

Telegraph Traffic,

Gudhiyari,

Raipur

....Management

AWARD

(Passed on this 4th day of October, 2013)

1.As per letter dated 30.9.93 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-40012/

124/92-IR(DU). The dispute under reference relates to:

"Whether the action of the management of D/o

Telegraphs through its Asstt. Supdt. Department Telegraph

Office, Gudhiyari, Raipur (MP) in terminating the services

of Shri Ramu Shrivas S/o Shri Babulal Shrivas, Casual

Labour Chowkidar and Watchman and Waterman w.e.f.

15.2.1990 is lawful and justified? If not, to what relief the

workman is entitled to?"

2. After receiving reference, notices were issued to

the parties. Ist party workman filed statement of claim at

Page 4/1 to 4/2. Case of workman is that he was working as

casual waterman/chowkidar in office of Asstt. Suptd.

Telegraph, Gudhiyari from 21.8.86 to 15.2.90 for about 3½

years. He was paid wages about Rs. 900 to 1050 inclusive

of DA in year 1990. The water were paid under voucher.

The voucher are with the deptt. That after working

continuously for about 3½ years, the services were

terminated in violation of Section 25-F of I.D. Act. The

termination from service is illegal. After termination of his

services, the deptt. is still engaging waterman only with a

view to avoid permanency benefits to the employees. The

department is changing employees. On such ground,

workman prays for reinstatement with consequential

benefits.

3. 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 D/o Telegraphs

through its Asstt. Supdt.

Departmental Telegraph Office,

Gudhiyari, Raipur (MP) in

terminating the services of

Shri Ramu Shrivas S/o Shri Babulal

Shrivas, Casual labour Chowkidar

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

65

and Watchman and Waterman

w.e.f. 15.2.1990 is legal?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

4. Workman is challenging termination of his services

for violation of Section 25-F of I.D. Act. IInd Party has

failed to file Written Statement. Workman filed affidavit of

its evidence. He has stated that he was continuously

working with IInd Party as waterman/chowkidar from 21.8.86

to 15.2.90. Prior to his termination, he was paid wages

Rs. 900-1050 inclusive of DA. That services are terminated

in violation of Section 25-F of I.D. Act. In his cross-

examination, workman says he was engaged as casual

worker. His name was not sponsored through Employment

Exchange. He was working as waterman. He denied

suggestion that he was not working continuously. His

services were engaged as per need/exigency. He denied

suggestion that notice was issued to him for termination of

his services. Workman denied payment of one month's

wages in lieu of notice.

5. Management filed affidavit of its witness Shri P.M.

Gedam but failed to remain present for cross-examination.

The affidavit of other witness Vasant Jatake is filed by

management. When Written Statement is not filed on behalf

of IInd Party certainly IInd Party was not entitled to adduce

evidence in the matter. However the management's witness

filed affidavit stating that workman was engaged on daily

wages from 27.8.96. The post of Chowkidar was not

sanctioned. The services of workman were discontinued

from 16.2.90. Management's witness further states that

retrenchment compensation was sent to workman on 25.1.95

was received back from postal authorities. That the

workman was paid wages at the rate fixed by Collector,

Raipur. As per policy, the services of casual labour were

not required therefore workman was given notice and

retrenchment compensation was offered. In his cross-

examination, witness of management says that he has filed

affidavit as per information received from record. That

retrenchment compensation was drawn on 25.1.99, it was

received back. That workman was served with one month's

notice. He was unable to tell whether these copies are on

record. Letter offering compensation was received back.

The witness was unable to say whether as per circular

Exhibit M-3, employees working during 1985 to 88 were not

regularized. Witness states temporary status was given.

That the employees continuously working for 240 days

during the year are entitled to temporary status. The terms

of reference does not cover the regularization of service of

the workman. It relates to legality of termination from

service.

6. Document Exhibit M-1 is office copy of notice

dated 5.2.90. Exhibit M-2 is zerox copy of postal envelope

sent to workman. It appears endorsement that as address

of the workman was not found, the letter is received back.

M-3 is circular dated 17.12.93 for regularization of services

of casual labours working during the period 31.3.85 to

22.6.88. If evidence of workman is properly appreciated,

his evidence is not shattered that he was continuously

working for 3½ years i.e. 21.8.86 to 15.2.90. The evidence

of management's witness is based on document. Any of

the documents are not produced by the management about

working days of the workman. The evidence of

management's witness is not corroborated by argument.

Therefore the evidence of workman deserves to be relied.

As workman had completed more than 240 days service

preceding 12 months of his discontinuation from service

without notice or paying retrenchment compensation, it is

illegal. The evidence of management's witness that

retrenchment compensation was sent as per letter Exhibit

M-1 in 1995 was not served on workman. The services of

workman were terminated from 15.2.90. The offer of

retrenchment compensation after lapse of more than 4 years

cannot be said valid. Thus the termination of services of

workman in violation of Section 25-F of I.D. Act is illegal.

Therefore I record my finding in Negative.

7. Point No. 2—In view of my finding on Point No. 1,

termination of services of workman is illegal. Question arises

as to what relief the workman is entitled? The name of

workman was not sponsored through Employment

Exchange. Workman worked for about 3½ years. Learned

counsel for management submitted that workman is not

entitled for reinstatement.

8. Reliance is placed on ratio held in Case of—

"Sr. Suptd. Telegraph Traffic Bhopal Versus Santosh

Kumar Seal and others reported in 2010-6-SCC-773.

Their Lordship of the Apex Court observed on facts

as workman were engaged as daily wagers about 25

years back and they worked hardly for 2-3 years,

relief of reinstatement and back wages to them cannot

be said justified. The Appellant employers are

directed to pay monetary benefits Rs. 40,000 to each

of the workman."

Considering 3½ years period of working of workman,

in my considered view, compensation Rs. 75,000 would be

appropriate. The reinstatement with back wages cannot be

allowed. Accordingly I hold and record my finding in Point

No. 2.

9. In the result, award is passed as under:—

(1)

Action of the management of D/o Telegraphs

through its Asstt. Supdt. Departmental

Telegraph office, Gudhiyari, Raipur (MP) in

terminating the services of Shri Ramu Shrivas

S/o Shri Baualal Shrivas, Casual labour

chowkidar and watchman and Waterman w.e.f.

15.2.1990 is not legal.

66

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

(2)

IInd Party is directed to pay compensation

Rs. 75,000 to the workman Shri Ramu Shrivas

within 30 days from the date of award.

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] 19 fnlEcj] 2013

dkñvkñ 32.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj iksLVy flfoy

fMfotu] Hkksiky 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;] tcyiqj ds iapkV ¼lanHkZ

la[;k CGIT/LC/R/129/2005) dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 19-12-2013 dks izkIr gqvk FkkA

[lañ ,y&40012@2@2004&vkbZvkj ¼Mhñ;wñ½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 19th December, 2013

S.O. 32.—In pursuance of Section 17 of the

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

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

LC/R/129/2005) of the Central Government Industrial

Tribunal-cum-Labour Court, Jabalpur now as shown in the

Annexure, in the industrial dispute between the employers

in relation to the management of Postal Civil Division,

Bhopal and their workman, which was received by the

Central Government on 19.12.2013.

[No. L-40012/2/2004-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR-COURT,

JABALPUR

No. CGIT/LC/R/129/2005

PRESIDING OFFICER: SHRI R.B. PATLE

Shri S.S. Debey, Secretary,

National Federation of Telecom Employee,

Jabalpur Telecom District,

CTO Compound,

Jabalpur

....Workman

Versus

The Executive Engineer (Civil),

Postal Civil Division, Bhopal

....Management

AWARD

(Passed on this 13th day of August 2013)

1. As per letter dated 15.12.2005 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-40012/

2/2004-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Excutive

Engineer (Civil), Postal Civil Division, Bhopal in

terminating the services of Shri Anand Kumar

S/o Shri Krishan Lal, Ex-part time Safaiwala w.e.f.

31.12.1994 is just and legal? If not, to what relief the

workman is entitled?"

2. After receiving reference, notices were issued to

the parties. Union submitted statement of claim at Page

3/1 to 3/5. The case of Ist Party is that Shri Anand Kumar

was appointed as part time safaiwala by the IInd party in

1990. He was working with full satisfaction of his superiors.

That he is covered under Section 2(s) of I.D. Act. His services

were orally terminated from 31.12.1994. That in violation of

Section 25-F, permission is not taken under Section 25(N)

of I.D. Act thought more than 1000 workers are working

under IInd Party. That he had worked for 253 days in 1994,

he had submitted application for absorption in service

therefore his services were terminated. That Circular was

issued by the department of Telecom on 16.9.99 for

absorption of part time casual labour. His benefit was not

given to him. That he had completed 240 days service

preceding calendar year. His representations were rejected

on the ground that he was not part time employee. On such

grounds, Ist party workman prays for reinstatement with

back wages as well as for regularization of service.

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

6/4. He denied that Ist Party Shri Anand Kumar was working

as part time employee. According to IInd Party said Anand

Kumar was engaged for 1 hour per day as safaiwala. He

was paid Rs. 6.75 per day. He is not covered as workman

under Section 2(s) of I.D.Act. That IInd Party is not an

industry under Section 2(j) of I.D.Act. It is therefore

submitted that Ist Party workman is not entitled for

regularization. That Ist Party workman had worked for 253

days in 1994 as 1 hour per day. He has not worked for more

than 240 days in calendar year 1994. That he is not entitled

to regularization as per circular dated 16.9.99. No post is

vacant in the department, no irregularity is committed by

IInd Party. It is denied that Shri Ramesh Tiwari is similarly

placed. IInd Party prays for rejection of claim.

4. Rejoinder is filed by workman reiterating its

contention in Statement of claim that IInd Party is covered

as an Industry. Judgments are filed in ratio held by Hon'ble

Apex Court.

5. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

67

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the establishment of IInd

Party is industry under Section 2(j) of

In Affirmative

I.D. Act?

(ii) Whether the action of the

management of Executive Engineer

In Negative

(Civil), Postal Civil Division, Bhopal in

terminating the services of Shri Anand

Kumar S/o Shri Krishan Lal Ex-part

time Safaiwala w.e.f. 31.12.1994 is

legal?

(iii) If not, what relief the workman is

As per Final

entitled to?"

order.

REASONS

6. The parties are in dispute whether establishment

of IInd Party is covered as an Industry under Section 2(j)

of I.D.Act? However specific evidence is not adduced by

IInd party about the activities undertaken by the

establishment of IInd Party. The counsel for IInd Party

relies on ratio held in

"Case of Sub Divisional Inspector of Post, Vaikam

versus V.T. Joseph reported in 1996-SC-1271. In said

case, their Lordship of the Apex Court held Postal

and Telecom Deptt. is not an industry."

7. Learned counsel Shri Tripathi for workman on the

point relies on ratio held in

"Case of All India Radio Versus Santosh Kumar and

another reported in 1998(3) Supreme Court cases 237.

Their Lordship held Section 2(j) as it stand at present

i.e. before enforcement of 1982 amendment. All India

Radio and Doordarshan held covered under

Industry."

Reliance is also placed in ratio held in

Case of General Manager, Telecom Versus Srinivasa

Rao reported in 1997(8) Supreme Court Cases 767.

Their Lordship held Telecome Deptt. of Union of

India is covered as Industry."

In view of ratio held in above cited cases, I hold that

the establishment of IInd Party is covered as an Industry.

8. The terms of reference relates to illegality of

termination of services of Shri Anand Kumar S/o

Shri Krishan Lal. The terms of reference donot cover the

dispute relating to regularization of his service. Therefore

the contentions of the parties relating to regularization of

service needs no discussion. Workman filed affidavit of

his evidence claiming that before termination of his service

in 1994, he had worked for 253 days. His services were

terminated without notice, no retrenchment compensation

was paid, that one Ashish Tiwari was given temporary

status. In his cross-examination, workman says that he

had received certificate of working for 253 days which bears

writing as part time. The certificate doesnot mention working

for 4 hours. That he had asked for Experience certificate in

1993 but the same was not received. On his request, he

admits that Shri Rakesh Kumar has worked for 4 hours. In

the Written Statement filed by IInd Party, Ist Party workman

worked for 253 days in 1994 is not disputed. The dispute

between parties is that workman is a part time employee

working for more than 4 hours per day. The management of

IInd Party claims that he was working for petty works

1 hour per day.

9. The management filed affidavit of evidence of his

witness Shri Bajpai supporting contentions of management.

In his cross-examination management's witness says that

he had seen Anand Kumar while was giving work in the

division. He has not seen him working. He has not marked

his attendance neither given wages while making payment,

signatures are received in receipt. The office is shifted and

record of hand receipt is not available. That as per cash

book, Anand Kumar worked till April 1995 and not till

December 1995. The management's witness was unable to

tell name for cleaning work. After services of Shri Anand

Kumar, he was discontinued. He admits that other persons

are working in shifting work. The evidence of management's

witness is not cogent on the point that Shri Anand Kumar

was engaged only for one hour per day. I donot find reasons

to disbelieve evidence of workman that he was working as

part time employee, his services were terminated without

notice, no retrenchment compensation was paid. Therefore

the termination of his services is illegal. For above reasons.

I records my finding in Point No. 1 in Negative.

10. Point No. 2- In view of my finding in Point No. 1,

question arises as to what relief workman is entitled? As

per record, workman was working as Safaiwala on part time

basis. He was not required employee. He was not appointed

after following selection process. His name was not

sponsored through Employment Exchange because he was

not appointed against sanctioned post. However workman

completed 240 days continuous service preceding 12

calendar months therefore he was entitled to protection

under Section 25-F(a) (b) of I.D.Act. His services were

terminated in violation of Section 25-F of I.D.Act.

Considering the facts, relief of reinstatement of workman

would not be appropriate. Relief of reasonable

compensation would meet the ends of justice. Considering

workman was working from 1990 to 1994, he is out of

employment since long period, compensaton Rs. 40,000 is

reasonable. Accordingly I record my finding in

Point No. 2.

11. In the result, award is passed as under:—

(1)

The action of the management of Executive

Engineer (Civil), Postal Civil Division,

68

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Bhopal in terminating the services of

Shri Anand Kumar S/o Shri Krishan Lal, Ex-

part time Safaiwala w.e.f. 31.12.1994 is not

legal.

(2)

IInd Party is directed to pay compensation

Rs. 40,000 to the workman Shri Anand

Kumar.

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] 19 fnlEcj] 2013

dkñvkñ 33.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lhihMCY;wMh]

Hkksiky 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 ,oa Je U;k;ky; tcyiqj ds iapkV ¼lanHkZ la[;k

lhthvkbZVh@,ylh@vkj/43/2006½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 19@12@2013 dks izkIr gqvk FkkA

[lañ ,y&42012@16@2006& vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 19th December, 2013

S.O. 33.—In pursuance of Section 17 of the

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

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

LC/R/43/2006) of the Cent. Govt. Indus.Tribunal/ Labour

Court, Jabalpur now as shown in the Annexure, in the

industrial dispute between the employers in relation to the

management of CPWD and their workman, which was

received by the Central Government on 19/12/2013.

[No. L-42012/16/2006-IR(DU)]

P.K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/43/2006

PRESIDING OFFICER : SHRI R.B. PATLE

The Regional Secretary,

All India CPWD employees Union,

A.G.M.P. Colony,

Shastri Nagar,

Gwalior

...Workman/Union

Versus

The Chief Engineer (Central Zone),

Central Public Works Department,

52-A, Nirman Sadan,

CGO Complex, Arera Hills,

Bhopal (MP)

....Management

AWARD

(Passed on this 18th day of July 2013)

1. As per letter dated 2.8.2006 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-

42012/16/2006-IR(DU). The dispute under reference relates

to:

" Whether the demand of the All India (CPWD)

Employees Union from the management of Chief

Engineer (Central Zone), Central Pubic Works

Department, Bhopal for regularizing the services of

Shri Aashik Khan S/o Shri Mohsan Khan, Motor

Lorry Driver is legal and justified? If so, to what relief

the workman is entitled to?"

2. After receiving reference, notices were issued to

the parties. Ist Party Union filed statement of claim at Page

2/1 to 2/6. Case of Ist Party Union is that Aashik Khan,

S/o Mohsan Khan is its member. He is workman under

Section 2(s) of I.D. Act. That IInd Party is covered as an

industry under Section 2(j) of I.D.Act. That IInd Party are

Controlling Authority of Aashik Khan who was working as

Motor Lorry Driver from 1.11.91. He was paid Rs. 1500 per

months. From 16.4.92, he was transferred to Bhopal Division

along with vehicle. From 1.1.96, he was transferred with

Vehicle to Dewas. From 25.11.02 he was transferred to office

of Suptd. Engineer, Indore. The workman was paid

Rs. 1500. His pay was increased to Rs. 1800 to 2000 and

from 2000 to 5332. Other details of the increase of wages

are given. Workman was paid overtime Rs. 15.85 per hour,

night allowance Rs. 50. It is submitted that his services are

not regularized despite of working for long period. It is in

violation of Article 14,16 of the constitution. That in Writ

Petition 401/2004, Bombay High Court had directed

regularisation of 9 employees allowing 12% interest on the

amount due for payment. In original application No. 781/

98, CAT Jabalpur had directed to regularize services of the

employees within 3 months. Giving reference to various

decisions, the workman submits that the denial of

regularization of the workman Aashik Khan is illegal. It is

discriminatory. The services of workman Aashik Khan be

regularized as Motor Lorry Driver.

3. IInd Party filed Written Statement at Page 8/1 to

8/4. Case of IInd Party is that workman Aashik Khan was

initially given job of lorry driver in November 1991 on work

order basis. It was contract work as and when work was

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

69

available for specific period. That he was initially engaged

in CPWD office, Ujjain. Said division was closed in April

1991. The workman was given contract on work order basis

for specific period in Bhopal division from 16.4.92. The

workman was also given job on contract basis at Dewas

Civil Division from January 1996. On closure of Civil division

contract job of Dewas automatically came to an end. Since

the workman was continuously given job of contractual

nature for considerable period, the authority decided to

give him job on contract basis of Assistant Director, Sub

Division, Indore since 25.11.2002.

4. It is further contended that when the job of

workman as lorry driver on contract basis was for specific

pereiod, he was not selected for the job following due

process for selection. As such the job of workman was not

against sanctioned post. Whenever he was engaged for

the job at different places, not by order of transfer, the

workman was not regular employee. During the working,

contractual rates admissible were paid to him. The

management discontinued with the system of giving job

on contract basis. The workman employed as motor driver

at the minimum pay scale of a Driver since 16.12.2007 i.e.

Rs. 3050. He is also paid DA. The workman is not selected

for the post following due process for selection. The

present employment of workman is not against regular post.

His present employment is on minimum pay scale

admissible to the post of Motor Driver but not against

sanctioned post. The demand of workman for regularization

is not acceptable.

5. The recruitment rules for drive applicable to CPWD.

The post of driver is required to be filled by promotion and

seniority cum fitness from cadre of Khalasi 75% and 25%

by direct recruitment. The workman was never employed

as Khalasi with the management. Therefore he is not eligible

for promotion, no sanctioned post is vacant. The workman

cannot be given the benefit of direct recruitment or so. On

such contentions, IInd Party submits that workman is not

eligible for regularization as he is not appointed following

process for selection against sanctioned post. IInd Party

prays for rejection of the demand of Union.

6. Rejoinder is filed by workman retiterating its

pleadings. That since November 1991 workman was

appointed as lorry driver. The contention of IInd Party that

he is not entitled to any benefit is denied. According to

Ist Party, copy of work orders shows work was available

when workman was engaged on need basis. The dispute

was raised much prior to 2006. The management deliberately

not filed service record of the workman prior to 2006. That

workman is in continuous employment. There is no need

for open selection. The management also admit that

workman had performed duty for long period as driver. On

such ground, Ist Party Union submits that the denial of

regularization is illegal.

7. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the demand of the All

India CPWD Employees Union

In Affirative

from the management of Chief

Engineer (Central Zone), Central

Public Works Department,

Bhopal for regularizing the

services of Shri Aashik Khan S/o

Shri Mohsan Khan, Motor Lorry

Driver is legal?

(ii) If so, to what relief the

As per final order.

workman is entitled to?"

REASONS

8. The demand of Union is that services of Aashik

Khan working as Lorry Driver with IInd Party be regularized.

He was working from 1.11.91. He was transferred to different

places along with vehicle. He is praying for regularization

in service.

9. IInd Party submits that Shri Aashik Khan was

engaged on contract basis. He was not appointed

sanctioned post. He is not entitled for regularization.

Affidavit of evidence of Aashik Khan is filed. He has stated

that he was engaged by management as Motor Lorry Driver

following due process from 1.11.91. Since his engagement

on said post, he rendered continuous service at Ujjain

CPWD Office. He was transferred to Bhopal, Dewas and

Indore offices of the respondents. One Ramesh working

similarly as motor lorry driver was regularized. He also

claims working on the sanctioned post. In his cross-

examination, withness says he is still in service,

appointment letter was not given to him. He had received

order. Exhibit M-2, 2-B, his name was not sponsored from

Employment Exchange. He worked at Ujjain office from

1981 to 1992. He worked at Bhopal from May 1992 to

December 95 and Dewas from January 96 to 2002. He was

transferred alongwith vehicle to Indore. Before his transfer,

he was never asked whether he will go to new places or

not.

10. The affidavit of management's witness Mahipal

Singh is filed. The witness of the management states that

workman was engaged on contract basis as Lorry Driver at

Ujjain, Bhopal, Dewas and Indore. When there was no job

work in Dewas Division, his contract was not renewed.

However because of his continuous association with the

department as contract worker, the authority decided to

give him job on work order basis in the office of Assistant

Director (Horticulture), at Indore w.e.f. 25-11-2002

and continued till 16-12-2007 at minimum pay scale of

Rs. 3050/- as the service of motor driver was necessary.

That as per recruitment rules, 50% post are to be filled by

70

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

direct recruitment and 50% by promotion among feeder

categories of Assistant Mechanic, Assistant Fitter and

Assistant Operator. In his cross-examination, management's

witness claims ignorance that in 1991, how many post of

drivers were vacant in CPWD, Ujjain. He has not seen

work order issued in 1991. He admits that in April 1992,

Shri Aashik Khan was transferred from Ujjain to Bhopal.

He denies that though work was available at Bhopal,

workman was transferred to Dewas. Management witness

also denied in para-9 that workman was working at Dewas

Division from January 1996 to 24-11-2002. He claims

ignorance about Mukesh Singh, Driver and regularization

of their services. The witnesses claims ignorance whether

one post was vacant and workman Aashik Khan was

continued against said post.

11. Copy of judgment in Original application No. 791/

1998 produced at Exhibit W-1. Said original application was

filed by Shri Aashik Khan himself. Hon'ble CAT Jabalpur

directed respondents to consider case of applicant for

appointment to the post of Driver in the department in

accordance with statutory rules taking into consideration

long service more than 12 years performed by applicant.

The process be completed within period of 3 months and

result be communicated. The officie order Exhibit W-2

produced in that regard. The services of workman was not

regularized for the reasons that direct recruitment quota

cannot be filled as Shri Aashik Khan did not fulfill eligibility

criteria. That Mr. Khan cannot be considered against

permanent quota as he was not working in feeder post.

Thus the direction issued by Hon'ble CAT Jabalpur in

original application 791/98 were not given effect for

regularization in services of the workman. The copy of

judgment in application No. 222/03 filed by Ramesh Sagar

is produced. The services of Ramesh Sagar were directed

to be regularised observing that his case was fully covered

as per the judgment order in application no. 786/96. It

appears from those judgment that the services of other

employees were regularized as per order passed by CAT,

Jabalpur. Shri Aashik Khan was not regularized as he was

not working in the feeder cadre and he was not fulfilling

eligibility conditions for direct recruitment.

12. Management produced document Exhibit M-1

copy of recruitment rules. The eligibility of Motor Lorry

driver is shown method of recruitment 50%, direct 50%

promotion, age limit-20 to 30 years, ability to read and write,

must posses a driving licence for heavy motor, practical

driving test which should be fairly stiff standard by

promotion from Asstt. Mechanic, Assistant Fitter, Assistant

Operator. Document Ex. M-2(A), (B) are about details of

work order issued to Shri Aashik Khan. Exhibit W-2 does

not show which eligibility criteria was not fulfilled by

Shri Aashik Khan. Whether he was not holding driving

licence, whether his educational qualification was lacking.

Clause-9 of Exhibit No. 2 is that as regards his regularization

against the direct recruitment quota, a favourable order

can not be passed as Shri Khan does not fulfil the eligibility

criteria of the prescribed Recruitment Rules for Direct

Recruitment. The order is passed on 21-2-2005. The written

statement and evidence of management's witness are silent

which eligibility criteria were not fulfilled by Shri Aashik

Khan for denying regularization as per order passed in

CAT, Jabalpur in original Case No, 791/98.

13. Learned counsel for workman Mr. Pranay

Choubey on the point of regularization relies on judgment

in—

Appeal No. 15774/2006 — State of Karnataka and

others versus Shri M.L. Kesari and others. In Para 53 of the

judgment, State of Karnataka Versus Umadevi is extracted.

Their Lordship observed it is evident from above there is

exemption to the general principles against regularization

enunciated in Umadevi when the following conditions are

fulfilled—

(i)

The employee concerned should have worked

for 10 years or more in duly sanctioned post

without the benefit or protection of the interim

order of any court or tribunal. In other words,

the State Government or its instrumentality

should have employed the employee and

continued him in service voluntarily and

continuously for more than ten years.

(ii)

The appointment of such employee should not

be illegal, even if irregular. Where the

appointments are not made or continued

against sanctioned posts or where the persons

appointed do not possess the prescribed

minimum qualifications, the appointments will

be considered to be illegal. But where the

person employed possessed the prescribed

qualifications and was working against

sanctioned posts, but had been selected

without undergoing the process of open

competitive selection, such appointments are

considered to be irregular.

That Umadevi casts a duty upon the concerned

Government or instrumentality to take steps to regularize

the services of those irregularly appointed employees who

had served for more than ten years without the benefit or

protection of any interim orders of courts or tribunals, as a

one time measure. Umadevi directed that such one time

measure must be set in motion within six months from the

date of its decision.

In present case, Shri Aashik Khan is working as Lorry

Driver from November 1991 more than 22 years. He was

transferred to other places. As per evidence of

management's witness Mahipal Singh, he has no personal

knowledge about working of Shri Aashik Khan. He claims

ignorance whether one post was vacant and Aashik Khan

was continued against said post. Workman was given post

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

71

of lorry driver from 16-12-2007. The directions were issued

by CAT Jabalpur in 791/98 for regularizing his services

were not complied by the management of IInd Party.

14. Learned Counsel for IInd Party Mr. Nair relies on

ratio held in—

"Case of State of Himachal Pradesh and another

Versus Ravinder Singh reported in 2009 AIR SCW

452. Their Lordship held Respondent daily rated

worker in State Department working for 10 years, his

name was neither sponsored by Employment

Exchange nor appointment was as per proper

procedure for regular appointees. Respondent cannot

claim regularization of service.

In case of Post Master General, Kolkata and others

Versus Tutu Das (Dutta) reported in 2007-III-LLJ-163, their

Lordship of the Apex Court held completion of 240 days is

not relevant for regularization. Daily rated substitute

claiming regularization on basis of certain circular. Their

Lordship held claim not sustainable either on ground of

240 days service or on ground of discrimination.

Ratio in above case cannot be applied to present

case at hand as workman is working as lorry driver from

November 1991 and CAT Jabalpur had directed for

regularization of his services as per rules. Without giving

details which eligibility criteria the workman was not

fulfilling, regularization was denied to the workman. Claim

of the workman is fully covered as per judgment in case of

State of Karnataka Versus M.L. Kesari and others discussed

above.

15. Learned counsel for IInd Party Shri Nair further

relies in ratio held in—

Union of India and another Versus Ram Singh Thakur

and others reported in 2012 AIR SCW 3806. Their Lordship

held the regularization of service is purely a executive

function. The direction for regularization in service cannot

be given by judiciary.

In case of Accounts Officer, APSRTC & others Versus

K.V. Ramana and others reported in AIR 2007-Supreme Court

1166. Their Lordship observed in our opinion, these appeals

have to be allowed. It has been held by a constitution

bench of this court in Secretary, State or Karnataka and

others Versus Umadevi that absorption, regularisation or

permanent continuance of temporary, contractual, casual,

daily wage or adhoc employees dehors the rules cannot be

granted.

Para-53 of the judgment in State of Karnataka Versus

Umadevi is not referred by their Lordship. The exemption

is granted if the employee concerned should have worked

for 10 years or more in duly sanctioned post without the

benefit or protection of the interim order of any Court or

Tribunal.

In present case, Ist Party workman is working since

1991, he was working at Ujjain, Bhopal, Dewas, Indore along

with vehicle for very long time. IInd party allowed minimum

pay scale Rs. 3050/- from 26-12-07. Considering above facts

and para-53 of the judgment in Umadevi's case, action of

IInd Party denying regularization is not legal. The demand

of the Union for regularization of services of Shri Aashik

Khan is, therefore justified. Accordingly I record my finding

in Point No. 1.

16. In the result, award is passed as under:—

1.

Demand of Ist Party Union of regularization of

service of Shri Aashik Khan S/o Mohsin Khan,

Lorry Driver is legal.

2.

IInd Party is to take appropriate steps as per

demand of the Union for regularisation of

service of Shri Aashik Khan, Lorry Driver.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 34.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fMfotuy jsyos

eSustj] Hkksiky 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;] tcyiqj ds iapkV ¼lanHkZ la[;k CGIT/

LC/R/71/1993½ izdkf'kr djrh gS tks dsUnzh; ljdkj dks 19@12@2013

dks izkIr gqvk FkkA

[lañ ,y&41012@17@92&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 19th December, 2013

S.O. 34.—In pursuance of Section 17 of the

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

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

LC/R/71/1993) of the Central Government Industrial

Tribunal/Labour Court, Jabalpur now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the management of The Divisional Railway

Manager, Bhopal and their workman, which was received

by the Central Government on 19/12/13.

[No. L-41012/17/92-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/71/93

PRESIDING OFFICER: SHRI R.B. PATLE

Shri Prem Narayan Halkuram,

RBI-296-B,

Behind Railway Hospital,

Purvi Colony,

Bina Distt. Sagar (MP)

...Workman

72

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Versus

The Divisional Railway Manager,

Central Railway,

Bhopal

...Management

AWARD

(Passed on this 16th day of July, 2013)

1. As per letter dated 22-3-93 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/

17/92-IR(DU). The dispute under reference relates to:

"Whether the action of the management of DRM,

Central Railway, Bhopal, MP in terminating the

services of Shri Premnarayan Halkooram, Ex-

Chowkidar w.e.f. 28-7-89 is justified? If not, what relief

he is entitled to?"

2. After receiving reference, notices were issued to

the parties. Ist Party workman filed Statement of claim at

Page 2/1 to 2/4. The case of Ist Party workman is that initially

he was employed as Trollyman in Central Railway, Bhopal

at Jhansi Division. He worked honestly. His service record

was unchallenged. Subsequently he was allowed to work

as chowkidar. On 18-11-75, he was honestly working. Some

notorious persons in the department were annoyed with

Bank. The notorious persons could not found the

opportunities to fulfill their illegal needs and requirement

during his working as chowkidar. All such persons made a

lobby to harass him. That he was in dishonest activities of

theft and similar activities. That under threatening and

challenge to his life, he submitted his resignation on

30-9-85. However the management did not accept his

resignation as per letter dated 2-10-85.

3. On 29-1-86, he was served with chargesheet

alleging false allegations against him. He denied the charges

in his reply. The charges were relating to unauthorized

absence. The workman submits that he was sick due to

dogbite on 10-9-85. After he was declared fit by the Railway

Doctor, he joined duty on 11-9-85, he was sanctioned leave

for the period 12-9-85 to 23-9-85. After submitting reply to

the chargesheet on 12-12-85, he received letter for attending

Departmental Enquiry. It is submitted that enquiry was

conducted exparte without proper notice of the dates of

hearing. The findings of Enquiry Officer was not received

by him. The punishment of dismissal was imposed without

notice. On such grounds, workman prays for his

reinstatement with back wages.

4. The management filed Written Statement at page

7/1 to 7/3. Allegation of workman about his satisfactory

service record are denied. That chargesheet was served on

workman on 29-1-86. Rest of the allegations of workman

are denied. It is denied that enquiry was conducted without

giving opportunity to deny that report of Enquiry Officer

was not served. It is denied that principles of natural justice

was not followed in the enquiry. If it is found that the

enquiry is illegal, IInd Party prays permission to prove

misconduct adducing evidence. IInd Party submits that

enquiry conducted against workman is proper and legal.

5. As per order dated 10-3-2011, enquiry held against

workman is found valid and proper. 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 findings of Enquiry

In Affirmative

Officer are perverse, whether the

punishment of dismissal of

workman is proper and legal?

(ii) If so, to what relief?

As per final order.

REASONS

6. As discussed above, enquiry is found legal and

vitiated, therefore the question remains for decision

whether the findings of Enquiry Officer are supported by

evidence or findings are perverse and whether the

punishment of dismissal is proper and legal. Affidavit of

evidence of workman filed is mostly devoted about the

legality of the Enquiry Proceedings, it needs no discussion.

From pleadings of workman, he was absent from duty

because of dog bite. He was granted leave from 12-9-85 to

23-9-85. In his affidavit of evidence, workman stated that

during that period, he was under mental distress due to

torture by threatening by so many persons. He submitted

resignation letter but was not accepted by the authorities.

Workman in his cross-examination admits that he was served

with chargesheet by Railway. He had not given reply to it.

Then he was dismissed from service, he had received

intimation from Enquiry Officer. He did not participate in

the enquiry. The evidence of management witness Shri

Vasudeo chopra is on the point of conducting enquiry by

him. He submitted findings as per Exhibit M-1. In his cross-

examination, he has stated that the notice to the workman

was served by Khalasi on behalf of management. The

chargesheet issued to workman dated 29-1-86. He was

unauthorized absent from 21-8-85 till the date of issuing

chargesheet. Thus his period of unauthorized absence from

21-8-85 to 29-1-86 for more than 5 months. The workman

had admitted his absence in Exhibit M-2 and prayed for

providing employment for support of his family. The above

charge is supported from evidence of management's

witness.

7. Workman has died during penedency. He cannot

be reinstated. The punishment of dismissal for unauthorized

absence for 5 months has been imposed by management

of IInd Party without reference to any rules or standing

orders appears harsh. At the time of argument, learned

counsel for workman Shri R.C. Shrivastava submitted that

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

73

the punishment of dismissal be set-aside according benefit

of deemed service so that the dependents of the deceased

workman are not deprived of benefit after death of the

workman. I find substance in above argument. The

punishment of dismissal for unauthorized absence for

5 months is not justified. If deserved to be quashed and

set-aside. Accordingly I record my finding on Point No. 1

in Negative, Point No. 2 as per final order.

8. In the result, award is passed as under:—

(1)

The action of the management of DRM, Central

Railway, Bhopal, MP in terminating the

services of Shri Premnarayan Halkooram, Ex-

Chowkidar w.e.f. 28-7-89 is illegal.

(2)

Order of dismissal of Ist Party workman is set-

aside. IInd Party is directed to treat deceased

workman in deemed service till his death. The

deceased workman is not entitled to back

wages for the period of his dismissal till his

death.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 35.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjr lapkj

fuxe fyfeVsM] tcyiqj 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;] tcyiqj ds iapkV

¼lanHkZ la[;k CGIT/LC/R@26@2005½ dks izdkf'kr djrh gS tks

dsUnzh; ljdkj dks 19@12@2013 dks izkIr gqvk FkkA

[lañ ,y&40011@29@2004&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 19th December, 2013

S.O. 35.—In pursuance of Section 17 of the

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

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

LC/R/26/2005) of the Cent. Govt. Industrial Tribunal/Labour

Court, Jabalpur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of BSNL and their workman, which was

received by the Central Government on 19/12/2013.

[No. L-40011/29/2004-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/26/2005

Presiding Officer: Shri R.B. Patle

Shri Baban Singh,

Circle Secretary,

National Union of BSNL workers,

Type-2/86, P&T Colony, Gada Road,

Jabalpur

...Workman/Union

Versus

Chief General Manager,

Telecom Factory, Wright Town,

Jabalpur

...Management

AWARD

(Passed on this 18th day of July, 2013)

1. As per letter dated 23.3.2005 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-40011/

29/2004-IR(DU). The dispute under reference relates to:

"Whether the action of the management of the Chief

General Manager, Telecom Factory, Wright Town,

Jabalpur to recover Bonus for the period of

suspension viz 31.5.95 to 11.3.96 in two instalments

after awarding punishment vide order dated 4.12.96

from Shri Baban Singh T.No. 3120 (Fitter Grade-II) is

just and fair? If not, to what relief the workman is

entitled.

2. Ist Party workman is challenging recovery of bonus

during suspension period from management in the dispute

under reference. Even after issuing notices, the Union did

not participate in the proceeding, no statement of claim is

filed. Ist Party is proceeded exparte on 7.2.2007.

3. IInd Party management also not filed Written

Statement. From conduct of the parties, it is clear that the

parties are not pursuing or participating in the dispute.

4. In the result, award is passed as under:

"Reference is disposed off as No Dispute Award."

R.B. PATLE, Presiding Officer

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 36.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eq[; egkizcaèd]

nwjlapkj foHkkx] Hkksiky 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;] tcyiqj ds iapkV

¼lanHkZ la[;k CGIT/LC/R@108@2001½ dks izdkf'kr djrh gS tks

dsUnzh; ljdkj dks 19@12@2013 dks izkIr gqvk FkkA

[lañ ,y&40012@57@2001&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 19th December, 2013

S.O. 36.—In pursuance of Section 17 of the

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

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

LC/R/108/2001) of the Cent. Govt. Industrial Tribunal/

74

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Labour Court, Jabalpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of The Chief General Manager, Deptt. of

Telecommunication, Bhopal and their workmen, which was

received by the Central Government on 19/12/2013.

[No. L-40012/57/2001-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/108/2001

Presiding Officer: Shri R.B. Patle

Shri Suresh Chandra Jatav,

S/o Shri Mangla Ram Jatav,

Village and Post Tantra,

Tehsil Sabalgarh,

Distt. Morena (MP)

...Workman

Versus

Chief General Manager,

Deptt. of Telecommunication,

Hoshangabad Road,

MP Circle,

Bhopal (MP)

...Management

AWARD

(Passed on this 23rd day of July 2013)

1. As per letter dated 29.5.2001 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-40012/

57/2001-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Chief

General Manager, Telecom Divisional Engineer,

Telegraphs, Gwalior in terminating the services of

Shri Suresh Chandra Jatav S/o Shri Mangla Ram Jatav

w.e.f. 1.5.88 is justified? If not to what relief the

workman is entitled for?"

2. After receiving reference, notices were issued to

the parties. Ist Party workman filed statement of claim at

Page 2/1 to 2/5. The case of Ist Party workman is that he

was appointed as labour on estt. of IInd Party at Morena

from 18.11.86. Said division was transferred to Bhind on

30.4.88. The workman was continuously working till that

time. His name was called from Employment Exchange. The

office of IInd Party is in possession of the relevant record.

Identity Card was issued to him. He had completed service

for more than 240 days. His services were terminated

without notice, without payment of retrenchment

compensation or one months pay in lieu of notice in

violation of provisions of I.D. Act workman further submits

that his services were transferred to contractor from 1.5.88.

He claims that he was illegally retrenched. He had filed writ

petition in Hon'ble High Court, Gwalior bench. The dispute

was referred as per the order passed by Hon'ble Court.

Workman prays for his reinstatement with consequential

benefits.

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

6/3. Case of IInd party is that Ist party workman was

engaged as casual labour as per the need. He was not

appointed against any post. That the workman had not

completed 240 days service. Notice for termination of

service was not necessary. There was no question of paying

retrenchment compensation. Workman is not entitled to

protection of I.D. Act. On such grounds, IInd Party prays

for rejection of the relief prayed by workman.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:

(i) Whether the action of the

In Affirmative

management of Chief General Manager,

Telecom Divisional Engineer,

Telegraphs, Gwalior in terminating

the services of Shri Suresh Chandra

Jatav S/o Shri Mangla Ram Jatav

w.e.f. 1.5.88 is legal?

(ii) If so, to what relief the workman

Relief prayed by

is entitled to?

workman is

rejected.

REASONS

5. Though the workman is challenging legality in

termination of his service on the ground of violation of

provisions of I.D. Act, he has filed affidavit of his evidence

claiming that he had completed service for more than

240 days. His services were terminated without notice,

without paying retrenchment compensation. That he was

working with IInd Party from 18.11.86 to 30.3.88. The

workman remained absent and not made available for cross-

examination by the IInd Party and case was proceeded

without cross-examination on 19.1.2011. The management

filed affidavit of its witness Shri R.C. Chourasiya. The

witness says that the telegraph department is merged in

BSNL. The department was engaging contractors for the

works. The workman was not concerned with the

department. The evidence of the management's witness

remained unchallenged. Thus the workman has not

participated in the reference proceeding. He has not made

available for cross-examination. Neither he has availed

opportunity to cross-examine the management witness.

There is no reason to disbelieve evidence of management's

witness. Workman failed to establish that he had completed

240 days prior to termination. Therefore I record Point

No. 1 in Affirmative. In view of my finding in Point No. 1,

workman is not entitled to relief prayed by him. Therefoe I

record Point No. 1 in Negative.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

75

6. In the result, award is passed as under:—

(1)

The action of the management of Chief General

Manager, Telecom Divisional Engineer,

Telegraphs, Gwalior in terminating the services

of Shri Suresh Chandra Jatav S/o Shri Mangla

Ram Jatav w.e.f. 1.5.88 is legal.

(2)

Relief prayed by workman is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 37.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lhñihñMCY;wñMhñ

Hkksiky 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;] tcyiqj ds iapkV ¼lanHkZ la[;k CGIT/

LC/R@112@97½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

19@12@2013 dks izkIr gqvk FkkA

[lañ ,y&42011@41@93&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 19th December, 2013

S.O. 37.—In pursuance of Section 17 of the

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

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

LC/R/112/97) of the Cent. Govt. Industrial Tribunal/Labour

Court, Jabalpur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of CPWD, Bhopal and their workman, which

was received by the Central Government on 19/12/2013.

[No. L-42011/41/93-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/112/97

Presiding Officer: Shri R.B. Patle

Shri Basantrao,

S/o Shri Anajdrao,

C/o Om Kirana Stores,

Distt. Sihore

Shri Kailash Malviya,

S/o Shri Kurrulal,

C/o Om Kirana Stores, Budhani,

Distt. Sihore (MP)

...Workmen

Versus

The Executive Engineer,

CPWD, Bhopal Central Division,

Bhopal (MP)

...Management

AWARD

(Passed on this 10th day of July 2013)

1. As per letter dated 10.4.97 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-42011/

41/93-IR(DU). The dispute under reference relates to:

"Whether the action of the management of the PWD,

Bhopal Central Division, Bhopal in terminating the

services of Shri Kailash Malviya and Shri Basant

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

workmen are entitled?"

2. After receiving reference, notices were issued to

the parties. Ist Party workman Shri Basant Rao submitted

his statement of claim at Page 3/1 to 3/3. Shri Kailash

Malviya submitted his statement of claim at Page 9/1 to

9/3.

3. The case of Ist Party workman Shri Basant Rao is

that he was appointed on vacant post of mason from 3.1.90.

He was performing his duties satisfactorily. His services

were orally terminated from 1.12.92 without assigning any

reason. That no enquiry was conducted against him before

termination of his services. Chargesheet was not served

on him. He was not served with notice. Retrenchment

compensation was not paid to him. He has completed 240

days continuous service preceding his termination. That

his services are terminated in violation of Section 25-F of

I.D. Act. On such ground, he prays for reinstatement with

consequential benefits.

4. The case of Ist party kailash Malviya is that he

was appointed as Carpenter from 1.7.77. He was

satisfactorily performing his duties. His services was orally

terminated from June 1993 without assigning any reason.

No chargesheet was issued to him. Domestic enquiry was

not held against him. He has completed 240 days

continuous service preceding his termination. He was not

paid retrenchment compensaiton. Other employees are

appointed after his termination. That he had acquired status

of temporary employee. The termination of service was not

informed to Government. Other persons are employed in

his place. On such ground, he is praying for reinstatement

with back wages.

5. IInd party filed written statement at page 7/1 to

7/6. It is submitted that the reference of dispute is not legal.

It is liable to be rejected on the ground that once Govt. of

India exercised power and reach to conclusion that workman

were awarded work on contractual basis, their contracts

were terminated after the contract period was over. The

Industrial dispute doesnot exist for adjudication. Both the

workmen were engaged on contractual basis on PWD Form-

II. It relates to miscellaneous jobs carried through out these

forms for specific period of work. That junior engineer

maintained attendance only for his convenience and to

76

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

facilitate him to award daily output of work. The document

is not authentic. It is not signed by Executive Engineer of

CPWD. That in CPWD, works are excecuted though calls

of tenders on PWD Form 7 & 8 and small contracts are

executed on call of quotations on PWD Form-11. The

contractual work order for each 3 months were issue during

1.11.90 to 31.7.91. It doesnot vest any right for the

regularization of the workman. That procedure is prescribed

for recruitment of employees sending requisition to

Employment Exchange giving the particulars without

considering other persons for employment. The

regularization of services would be violative of Article 14

of the constitution. It may also amount to back door entry.

On such grounds, IInd Party prays for rejection of relief

prayed by Ist Party workman.

6. Rejoinder is filed by workman at Page 12. IInd

Party filed rejoinder at Page 10. Both the parties reiterates

their earlier contentions. Ist Party prayed for reinstatement

with back wages. IInd Party prayed for its rejection.

7. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i)

Whether the action of the

In Negative

management of the PWD,

Bhopal Central Division,

Bhopal in terminating the

services of Shri Kailash Malviya

and Shri Basant Rao is legal?

(ii)

If so, to what relief the workman

As per final order.

is entitled to?"

REASONS

8. Ist party workman Kailash Malviya filed affidavit

of evidence at Page 20/1 to 20/2. However he failed to make

available for his cross-examination. Therefore his evidence

cannot be considered in the matter. Ist Party Basant Rao

filed affidavit of evidence at Page 21/1 to 21/2. He has

stated that he was working in CPWD Sub Division,

Hoshangabad from 1990. His services were terminated

without notice from March 1992. That Junior Engineer was

maintaining his attendance in Muster Roll. He denied to

have been engaged as a contractor. That he had completed

240 days continuous service preceding his termination.

His services were terminated without notice or without

paying retrenchment compensation. In Written Statement

filed by IInd Party, it is stated that Junior Engineer was

maintaining attendance in Muster roll for his convenience

and for supervision of his work. Thus the evidence of

Shri Basant Rao is corroborated from pleading in written

Statement filed by IInd Party. In his cross-examination,

Shri Basant Rao says that Satish Upadhyay, Jr. engineer

has engaged him in work. Shri Satish was acquainted with

him since past. He has produced zerox copy of muster roll

supplied to him by Mr. Patel. He denied suggestions that

he was engaged on contract basis. He has stated that he

continued on work till repairing work was continued.

He was paid wages.

9. The evidence of management's witness Shri M.K.

Lawahe tried to support claim of IInd Party. The witness of

the management says that the both workman were engaged

purely on contractual basis in PWD Form 11 being a

contractual form for small urgent type of miscellaneous

jobs for specific period of work. The period mentioned by

them is fictitious, they were engaged on contractual PWD

Form 11 for specific period of work. Workman were never

employed by management but were granted contract for

particular work. Management's witness did not make

available for cross-examination. Affidavit of management's

witness Shri Manish Kumar was filed by management. He

also did not make available for cross-examination. Last

affidavit of Shri Manish Kumbhare is filed. He has stated

that concerned workmen were engaged purely on

contractual basis, work was allotted for specific period.

They have never completed 240 days continuous service

in a calendar year. That workman were not sponsored

through Employment Exchange. In his cross-examination,

witness says he personally doesnot know the workmen.

He is working in CPWD from April 2003. That the

photocopy of attendance register is produced but

attendance register was not issued. He further says that he

identifies the register and document is marked as Exhibit

W-1. In document Exhibit W-1 attendance of both worken

is maintained for the period from November 1990 to July

1991 for period of 9 months. The attendance was maintained

in muster roll by CPWD office. The copy of muster roll for

remaining period are not produced by the management. As

such the material evidence is with-held. The evidence of

workman is supported by document Exhibit W-1. That they

were continuously working for more than 240 days

preceding their termination. The services of both the

workmen are terminated without paying retrenchment

compensation or issuing notice. Therefore the termination

of their services amounts to illegal retrenchment being in

violation of Section 25-F of I.D. Act. For above reasons, I

record my finding in Point No. 1 in negative.

10. Point No. 2-In view of my finding in Point No. 1

that termination is illegal, the question arises as to what

relief the workman is entitled. The workmen were working

for short period of 2-3 years. They were not appointed as

regular employee following procedure. Therefore they are

not entitled for reinstatement of their services. However

their termination is in violation of Section 25-F of I.D. Act,

therefore they are entitled to reasonable compensation. In

my considered view, compensation Rs. 50,000/- to each of

the workmen would be appropriate. In adition to it, they are

also entitled to notice pay equal to one month wages and

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

77

retrenchment compensation for 30 days to each

workmen.

11. In the result, award is passed as under:—

1.

Action of the management of the PWD, Bhopal

Central Division, Bhopal in terminating the

services of Shri Kailash Malviya and

Shri Basant Rao is illegal.

2.

IInd party management is directed to pay

Rs. 50,000/- as compensation, one month

notice pay and retrenchment compensation of

30 days to each of the workmen at the rate of

last wages paid to them.

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] 19 fnlEcj] 2013

dkñvkñ 38.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

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

okgu dkj[kkuk] tcyiqj 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;] tcyiqj ds iapkV

¼lanHkZ la[;k lhthvkbZVh@,ylh@vkj@194@90½ izdkf'kr djrh gS

tks dsUnzh; ljdkj dks 19@12@2013 dks izkIr gqvk FkkA

[lañ ,y&14012@2@90&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vfèdkjh

New Delhi, the 19th December, 2013

S.O. 38.—In pursuance of Section 17 of the

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

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

LC/R/194/90) of the Central Govt. Industrial Tribunal/Labour

Court, Jabalpur now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of The General Manager, Vehicle Factory

Jabalpur and their workmen, which was received by the

Central Government on 19/12/2013.

[No. L-14012/2/90-IR(DU)]

P.K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/194/90

Presiding Officer: Shri R.B. Patle

Shri Om Prakash,

S/o Shri D.P. Baheliya,

Qr. No. 376/1, Panehara,

Type-II, G.C.F. Estate,

Jabalpur

............ Workman

Versus

The General Manager,

Vehicle Factory,

Jabalpur

.......... Management

A W A R D

(Passed on this 10th days of July 2013)

1. As per letter dated 28.9.90 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-14012/2/90/IR(DU). The dispute under reference

relates to:

"Whether the action of the management of Vehicle

Factory, Jabalpur (MP) in terminating the services of

Shri Om Prakash Ex-Messenger Boy, T.No. 2047/NIEE w.e.f.

28.3.81 is justified? If not, what relief he is entitled to?"

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted his statement of

claim at Page 3/1 to 3/3. The case of Ist Party workman is

that he was appointed as messenger boy on 22.9.72 in

Vehicle Factory, Jabalpur. Because of his medical illness,

he remained absent for few days. He was issued with

chargesheet for unauthorized absence from duty during

the period 8.6.80 to 29.6.80. Another chargesheet was issued

to him on 22.3.82. Court of enquiry was ordered. On the

basis of report of enquiry, punishment of removal from

service was imposed on workman. He submits that in both

enquiry, no opportunity of defence was given to him.

Enquiry was held exparte. The workman sent intimation to

authorities regarding his illness. Without considering his

representation, workman was removed from service. That

workman suffering from mental sickness and without

understanding consequences could not participate in the

enquiry. The management knowing fully about his mental

illness, should have given proper opportunity for his

defence. Instead of doing so, exparte enquiry was

conducted and workman was removed from service. The

workman submitted necessary leave application supported

by medical certificate. The charges are not proved against

him. That before imposing punishment, so called notice

alongwith findings was not served to the workman. The

punishment is harsh considering the facts of the case. The

action of the management is unjustified. On such grounds,

workman prays for his reinstatement with consequential

benefits.

3. IInd party filed Written Statement at

Page 5/1 to 5/4. It is submitted that Ist Party workman was

unauthorisely absent from duty from 8.6.80 to 29.7.80.

Chargesheet was issued. Shri N.K. Pandey Foreman was

appointed as Enquiry Officer. The workman admitted

charge. Enquiry Officer hold that charge against workman

are established. The workman again remained absent from

3.8.80 without intimation to the office. The enquiry was

78

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

conducted as per CCS Rules. Workman was removed from

service for unauthorized absence. The dispute is referred

after 8½ years. It deserves no consideration. IInd party

prays for rejection of reliefs claimed by workman.

4. Ist party filed rejoinder at page 6/1 to 6/2 reiterating

his contention in statement of claim and prays for his

reinstatement with back wages.

5. As per order dated 5.12.2011, enquiry conducted

against Ist party workman is found legal. The parties were

given liberty to adduce evidence on other issues. Other

issues are as under. My findings are recorded against each

of them for the reasons as below:—

(i) Whether the management is

Doesnot survive as

entitled to lead evidence

enquiry is held legal

before this Tribunal?

(ii) Whether the charges of

Charges are proved.

misconduct are proved on

facts of the case.

(iii) Whether the punishment

Punishment of

awarded is proper and legal?

removal from service

is not proper and

legal. It is modified as

per final order

(iv) If so, to what relief the

As per final order.

workman is entitled to?"

REASONS

6. Issue No. 2—

As per order dated 5.12.2011, enquiry held against

workman is found valid. Therefore there is no question of

proving misconduct against workman adducing evidence

before this Tribunal by the management.

7. Issue No. 3—

Issue No. 3 relates to whether misconduct against

workman are proved. The enquiry was proceeded exparte.

In his affidavit of evidence, workman has stated that

chargesheet under Rule 14 of CCS Rule 1965 was issued to

him for unauthorized absence for the period from 8.6.80 to

29.7.80 and IInd chargesheet for absence from 3.8.80

onwards. Workman has not disputed. He was absent from

duty during above period. Only he had contented that he

has submitted application with medical certificate but any

document in that regard were not available with him and he

could not produce such document before the Enquiry

officer. When no leave application was submitted or medical

certificate produced, the charge of unauthorized absence

from duty is established. The management's witness Shri

K.L. Bahal in his evidence has stated that the delinquent

was absent from duty during above said period. His absence

was unauthorized. Two charges were issued to him. The

documents are produced. In his cross-examination,

management's witness says he has stated about the notices

issued to the workman on both addresses of workman. His

evidence is fully devoted to the legality of the Enquiry

proceeding. The evidence on record and evidence in

Enquiry proceeding doesnot show that application for leave

was submitted by the workman. In absence of application

of leave, his leave is unauthorized, charges against

workman is therefore established.

8. Issue No. 4—it relates to propriety and legality of

punishment of removal. As per the chargesheets issued to

the workman, he was absent from duty during the period

8.6.80 to 29.7.80 and from 3.8.80 onwards. The first period

of unauthorized absence is 1 month 22 days and IInd spell

of unauthorized absence is about 2 months. While imposing

punishment of removal, the Disciplinary Authority did not

consider that workman was in service from 1982, whether

any kind of leave were at his account. The past conduct of

the workman is not discussed, no evidence is adduced by

the management of IInd party that the workman remained

auauthorisely absent in the past. Provisions of CCS Rules

providing punishment are not discussed by the Disciplinary

Authority. At the time of argument, learned counsel for

IInd party Mr. Shashi clearly submits that different kinds

of punishment are provided and the punishment of removal

is extreme punishment. Considering the proved misconduct

for two months, the punishment of removal from service is

not justified. It cannot be sustained. Denial of 75% back

wages will be adequate punishment. Accordingly I hold

and record my finding on Issue No. 4.

9. In the result, award is passed as under:—

1.

The action of management of Vehicle Factory,

Jabalpur (MP) in terminating the services of

Shri Om Prakash Ex-Messenger Boy w.e.f.

28.3.81 is illegal.

2.

IInd party management is directed to reinstate

workman Shri Om Prakash with 25% back

wages.

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] 19 fnlEcj] 2013

dkñvkñ 39.—vkS|ksfxd fookn vfèfu;e 1947 ¼1947 dk

14½ dk èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,e ,l lkabZfV¶d

flD;ksfjVh eSustesaV lfoZl fyñ 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;] gSnjkckn ds iapkV

¼29@2012½ izdkf'kr djrh gS tks dsUnzh; ljdkj dks 19-12-2013

dks izkIr gqvk FkkA

[lañ ,y&12011@29@2011&vkbZ vkj ¼ch&II½]

jfo dqekj] vuqHkkx vfèdkjh

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

79

New Delhi, the 19th December, 2013

S.O. 39.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 29/2012) of

the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Hyderabad as shown in the Annexure, in the industrial

dispute between the management of M/s Scientific Security

Management Service P. Ltd. and their workmen, recieved

by the Central Government on 19/12/2013

[No. L-12011/29/2011-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL - CUM - LABOUR COURT

AT HYDERABAD

PRESENT: SMT. M. VIJAYA LAKSHMI,

Presiding Officer

Dated the 5th day of September, 2013

INDUSTRIAL DISPUTE NO. I.D. 29/2012

Between:

The President,

Vijayawada Security Guards Union,

Pameedat Bhawan, Tadankivari Street,

Governorpet,

Vijayawada-2.

.......Petitioner

AND

The Regional Manager,

M/s. Scientific Security Management Service P. Ltd.,

P.B. No. 27, Balaram Rai Society, Mahindra Hills,

East Maredpally,

Secunderabad-26.

.......Respondent

Appearances:

For the Petitioner

:

NIL

For the Respondent

:

NIL

AWARD

The Government of India, Ministry of Labour by its

order No. L-12011/29/2011-IR(B-II) dated 31.7.2012 referred

the following dispute between the management of M/s.

Scientific Security Management Service P. Ltd., and their

workman under section 10(1)(d) of the I.D. Act, 1947 for

adjudication to this Tribunal. The reference is,

SCHEDULE

"Whether the demand of Vijayawada Security Guards

Union against the contractor M/s. Scientific Security

management Services Pvt. Ltd., for payment of bonus

to the security guards engaged in Punjab National

Bank ATMs Vijayawada for the accounting years

2007-08, 2008-09 and 2009-10 is proper and justified?

What relief the concerned workmen are entitled to?"

The reference is numbered in this Tribunal as I.D.

No. 29/2012 and notices were issued to the parties.

2. The case stands posted for appearance of

Petitioner union and for filing of claim statement and

documents. Petitioner union called absent and there is no

representation. Notice issued to the Petitioner union

returned unserved with the endorsement, 'Whereabouts

not known' and notice issued to the Respondent returned

served. In view of the report received that whereabouts of

the Petitioner union are not known, there is no possibility

of the service of notice to the Petitioner union. In the

circumstances, Petition is closed. Nil Award is passed.

Award is passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant

transcribed by her and corrected by me on this the 5th day

of September, 2013.

M. VIJAYA LAKSHMI, Presiding Officer.

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 19 fnlEcj] 2013

dkñvkñ 40.—vkS|ksfxd fookn vfèfu;e 1947 ¼1947 dk

14½ dk èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,e ,l , ih flD;ksfjVh

izkbosV fyñ 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; gSnjkckn ds iapkV ¼52@2012½ izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 19@12@2013 dks izkIr gqvk FkkA

[lañ ,y&12012@120@2011&vkbZ vkj ¼ch&II½]

jfo dqekj] vuqHkkx vfèdkjh

New Delhi, the 19th December, 2013

S.O. 40.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 52/2012) of

the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Hyderabad as shown in the Annexure, in the industrial

80

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

dispute between the management of M/s. A.P. Security

Pvt. Ltd. and their workmen, received by the Central

Government on 19/12/2013.

[No. L-12012/120/2011-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

PRESENT: SMT. M. VIJAYA LAKSHMI,

Presiding Officer

Dated the 16th day of September, 2013

INDUSTRIAL DISPUTE NO. I.D. 52/2012

Between:

Sri Sd. N. Basha,

General Secretary,

United Security Guards Union,

D.No.41-1/12-57/A, Nehru Nagar,

Krishna Lanka,

Vijayawada.

......Petitioner

AND

Managing Director,

M/s. A.P. Securities Pvt. Ltd.,

APS House, 10, DDA Commercial Complex,

Nangal Raya,

New Delhi—110046.

.......Respondent

Appearances:

For the Petitioner:

Nil

For the Respndent:

M/s. K. Satyanarayana Rao & Raj

Kishan Mehra, Advocates

AWARD

The Government of India, Ministry of Labour by its

order No. L-12012/120/2011-IR(B-II) dated 22.6.2012 referred

the following dispute between the management of M/s.

A.P. Securities Pvt. Ltd., and their workman under section

10(1)(d) of the I.D. Act, 1947 for adjudication to this Tribunal.

The reference is,

SCHEDULE

"Whether the action of the management of M/s. A.P.

Securities Pvt. Ltd., a contractor of Vijaya Bank,

Vijayawada, in terminating the services of Shri Sd. N.

Basha, Security Guard w.e.f. 1.5.2011 without

adhearing the provisions of ID Act, 1947 is legal and

justified? What relief the workman is entitled to?"

The reference is numbered in this Tribunal as I.D.

No. 52/2012 and notices were issued to the parties.

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.

inspite of giving notice time and again and the same being

returned served, Petitioner is not appearing before the court

and he has not filed any claim statement which shows that

he is not interested in the proceedings. 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 16th

day of September, 2013.

M. VIJAYA LAKSHMI, Presiding Officer.

Appendix of evidence

Witnesses examined for the Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 20 fnlEcj] 2013

dkñvkñ 41.—vkS|ksfxd fookn vfèfu;e 1947 ¼1947 dk

14½ dk èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eaxye lhesaV fyfeVsM

dksVk ,oa Hkokuh bysfDVªdYl dkaVªsDVj 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 ,oa Je U;k;ky;] t;iqj ds

iapkV ¼lanHkZ la[;k 14@2013½ izdkf'kr djrh gS tks dsUnzh; ljdkj

dks 18@12@2013 dks izkIr gqvk FkkA

[lañ ,y&29011@30@2012&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 20th December, 2013

S.O. 41.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 14/2013) of

the Cent. Govt. Indus. Tribunal/Labour Court, Jaipur now

as shown in the Annexure in the Industrial Dispute between

the employers in relation to the management of Mangalam

Cement Ltd., Kota & Bhawani Electricals Contractor and

their workman, which was received by the Central

Government on 18/12/2013.

[No. L-29011/30/2012-IR(M)]

JOHAN TOPNO, Under Secy.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

81

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, JAIPUR

SH. N.K. PUROHIT, Presiding Officer

I.D. 14/2013

Reference No. L-29011/30/2012 IR(M) dated: 29.10.2012

The President

Managalam Cement Karamchari Union

Morak, Kota (Raj.)

V/s

1.

The Factory Manager

Mangalam Cement Ltd.

Morak, Kota (Raj.)

2.

M/s Bhawani Electricals Contractor,

Mangalam Cement Ltd.

Morak, Kota (Raj.)

PRESENT:

For the Applicant union : Sh. Mayank Kumar Chaudhary

For the non-applicants

: Sh. Rupin Kala.

AWARD

28.6.2013

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub Section 1 & 2(A) of

Section 10 of the Industrial Disputes Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:—

"Whether the action of the management of M/s

Bhawani Electricals Contractor, a contractor engaged

by M/s Mangalam Cement Limited, Morak, Kota in

not paying wages to 19 contract labourers (list

enclosed) as per 'Cement Wage Board', is legal &

justified? What relief the concerned workmen are

entitled to and from which date?"

2. Pursuance to the receipt of the reference, registered

notices were issued to both the parties. On behalf of the

applicant union President, Sh. Badrilal put his appearance

on 13.3.2013 & filed the statement of claim on the next date

i.e. 8.5.2013.

3. At the stage of filing annexures mentioned in the

statement of claim, a joint application was filed by both the

parties on 28.6.2013 for withdrawal of the dispute referred

to this tribunal on the ground of settlement entered into

between the parties on 26.6.2013. The copy of the said

settlement has also been placed on the record.

4. The dispute pertains to as to whether labour

working under the contractor are entitled to wages as per

Central Wage Board. Both the parties have stated in their

joint application that they have entered into a settlement

on 26.6.2013 & grievances of the applicant union

representing the contract labours have been resolved &

now, no dispute exists between the parties, therefore, case

may be dispose of.

5. The Id. Representatives on behalf of both the

parties submit that since, dispute raised by the applicant

union has been resolved & a settlement has been entered

into between the parties on 26.6.2013, therefore, the award

may be passed in terms of the said settlement. They also

submit that the settlement dated 26.6.2013 has been

registered in the Office of Regional Labour Commissioner,

Kota in the Settlement Register. In this regard, the copy of

the letter of the RLC, Kota dated 27.6.2013 has been placed

on record.

6. Since, dispute between the parties have been

resolved & parties have entered into a settlement on

26.6.2013, there remains no dispute between the parties.

Both the parties do not want to contest the case further &

they have requested to pass the award in terms of the

settlement dated 26.6.2013.

7. In view of above, the award is passed in terms of

the settlement dated 26.6.2013 Annexure-'A'. The said

settlement Annexure-'A' will be part of the award. The

reference under adjudication is answered accordingly.

8. Award as above.

N.K. PUROHIT, Presiding Officer

ubZ fnYyh] 20 fnlEcj] 2013

dkñvkñ 42.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsanzh; ljdkj eaxye lhesaV

fyfeVsM dksVk ,oa vjkoyh bathfu;fjax oDlZ ds izca/kra= ds lac)

fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd

fookn esa dsanzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;]

t;iqj ds iapkV ¼lanHkZ la[;k 15@2013½ dks izdkf'kr djrh gS] tks

dsanzh; ljdkj dks 18@12@2013 dks izkIr gqvk FkkA

[lañ ,y&29011@32@2012&vkbZvkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 20th December, 2013

S.O. 42.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 15/2013)

of the Central Government Industrial Tribunal/Labour

Court, Jaipur now as shown in the Annexure, in the

Industrial Dispute between the employers in relation to the

management of Mangalam Cement Ltd., Kota & Aravali

Engineering Works and their workmen, which was received

by the Central Government on 18/12/2013.

[No. L-29011/32/2012-IR (M)]

JOHAN TOPNO, Under Secy.

82

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, JAIPUR

Shri N.K. PUROHIT, Presiding Officer

I.D. 15/2013

Reference No. L-29011/32/2012 (IR(M)) dated: 29.10.2012

The President

Mangalam Cement Karamchari Union

Morak, Kota (Raj.)

V/s

1.

The Factory Manager

Mangalam Cement Ltd.

Morak, Kota (Raj.)

2.

M/s. Aravali Engineering Works

Contractor,

Mangalam Cement Ltd.

Morak, Kota (Raj.)

PRESENT:

For the Applicant union : Sh. Mayank Kumar Chaudhary

For the non-applicants

: Sh. Rupin Kala

AWARD

28.6.2013

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub-section 1 & 2(A) of

Section 10 of the Industrial Dispute Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:—

"Whether the action of the management of M/s.

Aravali Engineering Works, a contractor engaged

by M/s Mangalam Cement Limited, Morak, Kota in

not paying wages to 74 contract labourers (list

enclosed) as per 'Cement Wage Board', is legal &

justified? What relief the concerned workmen are

entitled to and from which date?"

2. Pursuant to the receipt of the reference, registered

notices were issued to both the parties. On behalf of the

applicant union President, Sh. Badrilal put his appearance

on 13.3.2013 & filed the statement of claim on the next date

i.e. 8.5.2013.

3. At the stage of filing annexures mentioned in the

statement of claim, a joint applicantion was filed by both

the parties on 28.06.2013 for withdrawal of the dispute

referred to this tribunal on the ground of settlement entered

into between the parties on 26.6.2013. The copy of the said

settlement has also been placed on the record.

4. The dispute pertains to as to whether labours

working under the contractor are entitled to wages as per

Central Wage Board. Both the parties have stated in their

joint application that they have entered into a settlement

on 26.6.2013 & grievances of the applicant union

representing the contract labours have been resolved &

now, no dispute exists between the parties, therefore, case

may be dispose of.

5. The Ld. Representatives on behalf of both the

parties submit that since, dispute raised by the applicant

union has been resolved & a settlement has been entered

into between the parties on 26.6.2013, therefore, the award

may be passed in terms of the said settlement. They also

submit that the settlement dated 26.6.2013 has been

registered in the Office of Regional Labour Commissioner,

Kota in the Settlement Register. In this regard, the copy of

the letter of the RLC, Kota dated 27.6.2013 has been placed

on record.

6. Since, dispute between the parties have been

resolved & parties have entered into a settlement on

26.6.2013, there remains no dispute between the parties.

Both the parties do not want to contest the case further

and they have requested to pass the award in terms of the

settlement dated 26.6.2013.

7. In view of above, the award is passed in terms of

the settlement dated 26.6.2013 Annexure-'A'. The said

settlement Annexure-'A' will be part of the award. The

reference under adjudication is answered accordingly.

8. Award as above.

N.K. PUROHIT, Presiding Officer

ubZ fnYyh] 20 fnlEcj] 2013

dkñvkñ 43.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsanzh; ljdkj eaxye lhesaV

fyfeVsM dksVk ,oa fr#ifr bathfu;fjax oDlZ ds izca/kra= ds lac)

fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd

fookn esa dsanzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;]

t;iqj ds iapkV ¼lanHkZ la[;k 92@2012½ dks izdkf'kr djrh gS] tks

dsanzh; ljdkj dks 18@12@2013 dks izkIr gqvk FkkA

[lañ ,y&29011@31@2012&vkbZvkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 20th December, 2013

S.O. 43.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 92/2012)

of the Central Government Industrial Tribunal/Labour

Court, Jaipur now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Mangalam Cement Ltd., Kota & Tirupati

Engineering Works and their workmen, which was received

by the Central Government on 18/12/2013.

[No. L-29011/31/2012-IR (M)]

JOHAN TOPNO, Under Secy.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

83

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, JAIPUR

Shri N.K. PUROHIT, Presiding Officer

I.D. 92/2012

Reference No. L-29011/31/2012 (IR(M)) dated: 29.10.2012

The President

Mangalam Cement Karamchari Union

Morak, Kota (Raj.)

V/s

1.

The Factory Manager

Mangalam Cement Ltd.

Morak, Kota (Raj.)

2.

M/s. Aravali Engineering Works

Contractor,

Mangalam Cement Ltd.

Morak, Kota (Raj.)

PRESENT:

For the Applicant union : Sh. Mayank Kumar Chaudhary

For the non-applicants

: Sh. Rupin Kala

AWARD

28.6.2013

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub-section 1 & 2(A) of

Section 10 of the Industrial Dispute Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:—

"Whether the action of the management of M/s.

Tirupati Engineering Works, a contractor engaged

by M/s. Mangalam Cement Limited, Morak, Kota in

not paying wages to 131 contract labourers (list

enclosed) as per 'Cement Wage Board', is legal &

justified? What relief the concerned workmen are

entitled to and from which date?"

2. Pursuant to the receipt of the reference, registered

notices were issued to both the parties. On behalf of the

applicant union President, Sh. Badrilal put his appearance

on 13.3.2013 & filed the statement of claim with documents.

3. At the stage of filing reply to the claim statement a

joint application was filed by both the parties on 28.06.2013

for withdrawal of the dispute referred to this tribunal on

the ground of settlement entered into between the parties

on 26.6.2013. The copy of the said settlement has also

been placed on the record.

4. The dispute pertains to as to whether labours

working under the contractor are entitled to wages as per

Central Wage Board. Both the parties have stated in their

joint application that they have entered into a settlement

on 26.6.2013 & grievances of the applicant union

representing the contract labours have been resolved &

now, no dispute exists between the parties, therefore, case

may be dispose of.

5. The Ld. Representatives on behalf of both the

parties submit that since, dispute raised by the applicant

union has been resolved & a settlement has been entered

into between the parties on 26.6.2013, therefore, the award

may be passed in terms of the said settlement. They also

submit that the settlement dated 26.6.2013 has been

registered in the Office of Regional Labour Commissioner,

Kota in the Settlement Register. In this regard, the copy of

the letter of the RLC, Kota dated 27.6.2013 has been placed

on record.

6. Since, dispute between the parties have been

resolved & parties have entered into a settlement on

26.6.2013, there remains no dispute between the parties.

Both the parties do not want to contest the case further &

they have requested to pass the award in terms of the

settlement dated 26.6.2013.

7. In view of above, the award is passed in terms of

the settlement dated 26.6.2013 Annexure-'A'. The said

settlement Annexure-'A' will be part of the award. The

reference under adjudication is answered accordingly.

8. Award as above.

N.K. PUROHIT, Presiding Officer

ubZ fnYyh] 20 fnlEcj] 2013

dkñvkñ 44.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsanzh; ljdkj eaxye lhesaV

fyfeVsM dksVk ,oa /kkdM+ baVjizkbtst ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsanzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] t;iqj ds

iapkV ¼lanHkZ la[;k 93@2012½ dks izdkf'kr djrh gS] tks dsanzh;

ljdkj dks 18@12@2013 dks izkIr gqvk FkkA

[lañ ,y&29011@33@2012&vkbZvkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 20th December, 2013

S.O. 44.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 93/2012)

of the Central Government Industrial Tribunal/Labour

Court, Jaipur now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Mangalam Cement Ltd., Kota & Dhakad

Enterprises and their workmen, which was received by the

Central Government on 18/12/2013.

[No. L-29011/33/2012-IR (M)]

JOHAN TOPNO, Under Secy.

84

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, JAIPUR

Shri N.K. PUROHIT, Presiding Officer

I.D. 93/2012

Reference No. L-29011/33/2012 [IR(M)] dated: 29.10.2012

The President

Mangalam Cement Karamchari Union

Morak, Kota (Raj.)

V/s.

1.

The Factory Manager

Mangalam Cement Ltd.

Morak, Kota (Raj.)

2.

M/s. Dhakad Enterprises

Contractor,

Mangalam Cement Ltd.

Morak, Kota (Raj.)

PRESENT:

For the Applicant union :

Sh. Mayank Kumar Chaudhary.

For the non-applicants

:

Sh. Rupin Kala.

AWARD

28.6.2013

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub-section 1 & 2(A) of

Section 10 of the Industrial Dispute Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:—

"Whether the action of the management of M/s

Dhakad Enterprises, a contractor engaged by M/s

Mangalam Cement Limited, Morak, Kota in not

paying wages to 111 contract labourers (list enclosed)

as per 'Cement Wage Board', is legal & justified?

What relief the concerned workmen are entitled to

and from which date?"

2. Pursuant to the receipt of the reference, registered

notices were issued to both the parties. On behalf of the

applicant union President, Sh. Badrilal put his appearance

on 13.3.2013 & filed the statement of claim on the next date

i.e. 8.5.2013.

3. At the stage of filing annexures mentioned in the

statement of claim, a joint application was filed by both the

parties on 28.6.2013 for withdrawal of the dispute referred

to this tribunal on the ground of settlement entered into

between the parties on 26.6.2013. The copy of the said

settlement has also been placed on the record.

4. The dispute pertains to as to whether labours

working under the contractor are entitled to wages as per

Central Wage Board. Both the parties have stated in their

joint application that they have entered into a settlement

on 26.6.2013 & grievances of the applicant union

representing the contract labours have been resolved &

now, no dispute exists between the parties, therefore, case

may be dispose of.

5. The Ld. Representatives on behalf of both the

parties submit that since, dispute raised by the applicant

union has been resolved & a settlement has been entered

into between the parties on 26.6.2013, therefore, the award

may be passed in terms of the said settlement. They also

submit that the settlement dated 26.6.2013 has been

registered in the Office of Regional Labour Commissioner,

Kota in the Settlement Register. In this regard, the copy of

the letter of the RLC, Kota dated 27.6.2013 has been placed

on record.

6. Since, dispute between the parties have been

resolved & parties have entered into a settlement on

26.6.2013, there remains no dispute between the parties.

Both the parties do not want to contest the case further &

they have requested to pass the award in terms of the

settlement dated 26.6.2013.

7. In view of above, the award is passed in terms of

the settlement dated 26.6.2013 Annexure-'A'. The said

settlement Annexure-'A' will be part of the award. The

reference under adjudication is answered accordingly.

8. Award as above.

N.K. PUROHIT, Presiding Officer

ubZ fnYyh] 20 fnlEcj] 2013

dkñvkñ 45.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eaxye lhesaV

fyfeVsM dksVk ,oa ,lñdsñ tSu dkaVªsDVj 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; t;iqj ds

iapkV ¼lanHkZ la[;k 94@2012½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 18-12-2013 dks izkIr gqvk FkkA

[lañ ,yñ&29011@34@2012&vkbZvkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 20th December, 2013

S.O. 45.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 94/2012)

of the Central Government Industrial Tribunal/Labour

Court, Jaipur now as shown in the Annexure, in the

industrial dispute between the Employers in relation to the

management of Mangalam Cement Ltd., Kota & S.K. Jain

Contractor and their workman, which was received by the

Central Government on 18.12.2013.

[No. L-29011/34/2012-IR(M)]

JOHAN TOPNO, Under Secy.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

85

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, JAIPUR

Sh. N.K. PUROHIT, Presiding Officer

I.D. 94/2012

Reference No. L-29011/34/2012 [IR(M)] dated: 28.10.2012

The President

Managalam Cement Karamchari Union

Morak, Kota (Raj.)

V/s

1.

The Factory Manager,

Mangalam Cement Ltd.

Morak, Kota (Raj.)

2.

M/s. S.K. Jain Contractor

Contractor,

Mangalam Cement Ltd.

Morak, Kota (Raj.)

PRESENT:

For the Applicant Union : Sh. Mayank Kumar Chaudhary.

For the non-applicants

: Sh. Rupin Kala.

AWARD

28.6.2013

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub-section 1 & 2(A) of

Section 10 of the Industrial Disputes Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:—

"Whether the action of the management of M/s. S.K.

Jain Contractor, a contractor engaged by M/s.

Mangalam Cement Limited, Morak, Kota in not

paying wages to 41 contract labourers (list enclosed)

as per 'Cement Wage Board', is legal & justified?

What relief the concerned workman are entitled to

and from which date?"

2. Pursuant to the receipt of the reference, registered

notices were issued to both the parties. On behalf of the

applicant union President, Sh. Badrilal put his appearance

on 13.3.2013 & filed the statement of claim on the next date

i.e. 8.5.2013.

3. At the stage of filing annexure mentioned in the

statement of claim, a joint application was filed by both the

parties on 28.6.2013 for withdrawal of the dispute referred

to this tribunal on the ground of settlement entered into

between the parties on 26.6.2013. The copy of the said

settlement has also been placed on the record.

4. The dispute pertains to as to whether labours

working under the contractor are entitled to wages as per

Central Wage Board. Both the parties have stated in their

joint application that they have entered into a settlement

on 26.6.2013 & grievances of the applicant union

representing the contract labours have been resolved &

now, no dispute exists between the parties, therefore, case

may be dispose of.

5. The Ld. Representatives on behalf of both the

parties submit that since, dispute raised by the applicant

union has been resolved & a settlement has been entered

into between the parties on 26.6.2013, therefore, the award

may be passed in terms of the said settlement. They also

submit that the settlement dated 26.6.2013 has been

registered in the Office of Regional Labour Commissioner,

Kota in the settlement Register. In this regard, the copy of

the letter of the RLC, Kota dated 27.6.2013 has been placed

on record.

6. Since, dispute between the parties have been

resolved & parties have entered into a settlement on

26.6.2013, there remains no dispute between the parties.

Both the parties do not want to contest the case further &

they have requested to pass the award in terms of the

settlement dated 26.6.2013.

7. In view of above, the award is passed in terms of

the settlement dated 26.6.2013 Annexure-'A'. The said

settlement Annexure-'A' will be part of the award. The

reference under adjudication is answered accordingly.

8. Award as above.

N. K. PUROHIT, Presiding Officer

ubZ fnYyh] 20 fnlEcj] 2013

dkñvkñ 46.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eaxye lhesaV

fyfeVsM dksVk ,oa [kaMsyoky daLVªD'ku daiuh 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;

t;iqj ds iapkV ¼lanHkZ la[;k 95@2012½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 18-12-2013 dks izkIr gqvk FkkA

[lañ ,y&29011@28@2012&vkbZvkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 20th December, 2013

S.O. 46.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 95/2012)

of the Central Government Industrial Tribunal/Labour

Court, Jaipur now as shown in the Annexure, in the

industrial dispute between the Employers in relation to the

management of Mangalam Cement Ltd., Kota & Khandelwal

Construction Company and their workman, which was

received by the Central Government on 18.12.2013.

[No. L-29011/28/2012-IR(M)]

JOHAN TOPNO, Under Secy.

86

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, JAIPUR

Sh. N.K. PUROHIT, Presiding Officer

I.D. 95/2012

Reference No. L-29011/28/2012 IR(M) dated: 28.10.2012

The President

Managalam Cement Karamchari Union

Morak, Kota (Raj.)

V/s

1.

The Factory Manager,

Mangalam Cement Ltd.

Morak, Kota (Raj.)

2.

M/s. Khandelwal Construction Company

Mangalam Cement Ltd.

Morak, Kota (Raj.)

PRESENT:

For the Applicant Union : Sh. Mayank Kumar Chaudhary.

For the non-applicants

: Sh. Rupin Kala.

AWARD

28.6.2013

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub-Section 1 & 2(A) of

Section 10 of the Industrial Disputes Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:—

"Whether the action of the management of M/s.

Khandelwal Construction Company, a civil

maintenance contractor engaged by M/s. Mangalam

Cement Limited, Morak, Kota in not paying wages to

10 contract labourers (list enclosed) as per 'Cement

Wage Board', is legal & justified? What relief the

concerned workman are entitled to and from which

date?"

2. Pursuant to the receipt of the reference, registered

notices were issued to both the parties. On behalf of the

applicant union President, Sh. Badrilal put his appearance

on 13.3.2013 & filed the statement of claim on the next date

i.e. 8.5.2013.

3. At the stage of filing annexures mentioned in the

statement of claim, a joint application was filed by both the

parties on 28.6.2013 for withdrawal of the dispute referred

to this tribunal on the ground of settlement entered into

between the parties on 26.6.2013. The copy of the said

settlement has also been placed on the record.

4. The dispute pertains to as to whether labours

working under the contractor are entitled to wages as per

Central Wage Board. Both the parties have stated in their

joint application that they have entered into a settlement

on 26.6.2013 & grievances of the applicant union

representing the contract labours have been resolved &

now, no dispute exists between the parties, therefore, case

may be dispose of.

5. The Ld. Representatives on behalf of both the

parties submit that since, dispute raised by the applicant

union has been resolved & a settlement has been entered

into between the parties on 26.6.2013, therefore, the award

may be passed in terms of the said settlement. They also

submit that the settlement dated 26.6.2013 has been

registered in the Office of Regional Labour Commissioner,

Kota in the settlement Register. In this regard, the copy of

the letter of the RLC, Kota dated 27.6.2013 has been placed

on record.

6. Since, dispute between the parties have been

resolved & parties have entered into a settlement on

26.6.2013, there remains no dispute between the parties.

Both the parties do not want to contest the case further &

they have requested to pass the award in terms of the

settlement dated 26.6.2013.

7. In view of above, the award is passed in terms of

the settlement dated 26.6.2013 Annexure-'A'. The said

settlement Annexure-'A' will be part of the award. The

reference under adjudication is answered accordingly.

8. Award as above.

N. K. PUROHIT, Presiding Officer

ubZ fnYyh] 20 fnlEcj] 2013

dkñvkñ 47.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eaxye lhesaV

fyfeVsM dksVk ,oa MsYVk flD;wfjVh dkaVªsDVj 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;

t;iqj ds iapkV lanHkZ la[;k ¼96@2012½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 18-12-2013 dks izkIr gqvk FkkA

[lañ ,y&29011@27@2012&vkbZvkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 20th December, 2013

S.O. 47.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 96/2012)

of the Central Government Industrial Tribunal/Labour

Court, Jaipur now as shown in the Annexure in the industrial

Dispute between the employers in relation to the

management of Mangalam Cement Ltd., Kota & Delta

Security Contractor and their workman, which was received

by the Central Government on 18.12.2013.

[No. L-29011/27/2012-IR(M)]

JOHAN TOPNO, Under Secy.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

87

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, JAIPUR

Sh. N. K. PUROHIT, Presiding Officer

I.D. 96/2012

Reference No. L-29011/27/2012 IR(M) dated: 28.10.2012

The President

Managalam Cement Karamchari Union

Morak, Kota (Raj.)

V/s

1.

The Factory Manager,

Mangalam Cement Ltd.

Morak, Kota (Raj.)

2.

M/s. Delta Security Contractor,

Contractor,

Mangalam Cement Ltd.

Morak, Kota (Raj.)

PRESENT:

For the Applicant Union : Sh. Mayank Kumar Chaudhary.

For the non-applicants

: Sh. Rupin Kala.

AWARD

28.6.2013

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub-section 1 & 2(A) of

Section 10 of the Industrial Disputes Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:—

"Whether the action of the management of M/s. Delta

Security Contractor, a contractor engaged by M/s.

Mangalam Cement Limited, Morak, Kota in not

paying wages to 20 contract labourers (list enclosed)

as per 'Cement Wage Board', is legal & justified?

What relief the concerned workman are entitled to

and from which date?"

2. Pursuant to the receipt of the reference, registered

notices were issued to both the parties. On behalf of the

applicant union President, Sh. Badrilal put his appearance

on 13.3.2013 & filed the statement of claim on the next date

i.e. 8.5.2013.

3. At the stage of filing annexures mentioned in the

statement of claim, a joint application was filed by both the

parties on 28.6.2013 for withdrawal of the dispute referred

to this tribunal on the ground of settlement entered into

between the parties on 26.6.2013. The copy of the said

settlement has also been placed on the record.

4. The dispute pertains to as to whether labours

working under the contractor are entitled to wages as per

Central Wage Board. Both the parties have stated in their

joint application that they have entered into a settlement

on 26.6.2013 & grievances of the applicant union

representing the contract labours have been resolved &

now, no dispute exists between the parties, therefore, case

may be dispose of.

5. The Id. Representatives on behalf of both the

parties submit that since, dispute raised by the applicant

union has been resolved & a settlement has been entered

into between the parties on 26.6.2013, therefore, the award

may be passed in terms of the said settlement. They also

submit that the settlement dated 26.6.2013 has been

registered in the Office of Regional Labour Commissioner,

Kota in the settlement Register. In this regard, the copy of

the letter of the RLC, Kota dated 27.6.2013 has been placed

on record.

6. Since, dispute between the parties have been

resolved & parties have entered into a settlement on

26.6.2013, there remains no dispute between the parties.

Both the parties do not want to contest the case further &

they have requested to pass the award in terms of the

settlement dated 26.6.2013.

7. In view of above, the award is passed in terms of

the settlement dated 26.6.2013 Annexure-'A'. The said

settlement Annexure-'A' will be part of the award. The

reference under adjudication is answered accordingly.

8. Award as above.

N. K. PUROHIT, Presiding Officer

ubZ fnYyh] 20 fnlEcj 2013

dkñvkñ 48.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eaxye lhesaV fyfeVsM

dksVk ,oa jketh yky dkaVªsDVj ds izca/kr= 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;] t;iqj ds iapkV

¼lanHkZ la[;k 97@2012½ izdkf'kr djrh gS tks dsUnzh; ljdkj dks

18@12@2013 dks izkIr gqvk FkkA

[lañ ,y&29011@29@2012&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 20th December, 2013

S.O. 48.—In pursuance of Section 17 of the

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

Government hereby published the Award (Ref. No. 97/2012)

of the Central Government Industrial Tribunal/Labour

Court, Jaipur now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Mangalam Cement Ltd., Kota & Ramji Lal

Contractor and their workman, which was received by the

Central Government on 18/12/2013.

[No. L-29011/29/2012-IR(M)]

JOHAN TOPNO, Under Secy.

88

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, JAIPUR

Sh. N.K. PUROHIT, Presiding Officer

I.D. 97/2012

Reference No. L-29011/29/2012-IR(M)

dated: 29.10.2012

The President

Mangalam Cement Karamchari Union

Morak, Kota (Raj.)

V/s

1. The Factory Manager

Mangalam Cement Ltd.

Morak, Kota (Raj.)

2. M/s. Ramji Lal

Contractor,

Mangalam Cement Ltd.

Morak, Kota (Raj.)

PRESENT

For the Applicant Union

:

Sh. Mayank Kumar

Chaudhary.

For the non-applicants

:

Sh. Rupin Kala.

AWARD

28.6.2013

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub-section 1 & 2(A) of

Section 10 of the Industrial Disputes Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:—

"Whether the action of the management of M/s Ramji

Lal, a contractor engaged by M/s. Mangalam Cement

Limited, Morak, Kota in not paying wages to 17

contract labourers (list enclosed) as per 'Cement

Wage Board', is legal & justified? What relief the

concerned workmen are entitled to and from which

date?"

2. Pursuant to the receipt of the reference, registered

notices were issued to both the parties. On behalf of the

applicant union President, Sh. Badrilal put his appearance

on 13.3.2013 & filed the statement of claim on the next date

i.e. 8.5.2013.

3. At the stage of filing annexures mentioned in the

statement of claim, a joint application was filed by both the

parties on 28.6.2013 for withdrawal of the dispute referred

to this tribunal on the ground of settlement entered into

between the parties on 26.6.2013. The copy of the said

settlement has also been placed on the record.

4. The dispute pertains to as to whether labours

working under the contractor are entitled to wages as per

Central Wage Board. Both the parties have stated in their

joint application that they have entered into a settlement

on 26.6.2013 & grievances of the applicant union

representing the contract labours have been resolved &

now, no dispute exists between the parties, therefore, case

may be dispose of.

5. The Ld. Representatives on behalf of both the

parties submit that since, dispute raised by the applicant

union has been resolved & a settlement has been entered

into between the parties on 26.6.2013, therefore, the award

may be passed in terms of the said settlement. They also

submit that the settlement dated 26.6.2013 has been

registered in the Office of Regional Labour Commissioner,

Kota in the Settlement Register. In this regard, the copy of

the letter of the RLC, Kota dated 27.6.2013 has been placed

on record.

6. Since, dispute between the parties have been

resolved & parties have entered into a settlement on

26.6.2013, there remains no dispute between the parties.

Both the parties do not want to contest the case further &

they have requested to pass the award in terms of the

settlement dated 26.6.2013.

7. In view of above, the award is passed in terms of

the settlement dated 26.6.2013 Annexure-'A'. The said

settlement Annexure-'A' will be part of the award. The

reference under adjudication is answered accordingly.

8. Award as above.

N.K. PUROHIT, Presiding Officer

ubZ fnYyh] 20 fnlEcj 2013

dkñvkñ 49.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fr#ifr LVksu izkbosV

fyfeVsM mnSiqj ds izca/kr= ds lac) fu;kstdks 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;] t;iqj ds iapkV ¼lanHkZ la[;k 78@2012½

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 18@12@2013 dks izkIr gqvk

FkkA

[lañ ,y&29012@21@2012&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 20th December, 2013

S.O. 49.—In pursuance of Section 17 of the

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

Government hereby published the award (Ref. No. 78/2012)

of the Central Government Industrial Tribunal/Labour

Court, Jaipur now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Tirupati Stone Pvt. Ltd., Udaipur and their

workman, which was received by the Central Government

on 18/12/2013.

[No. L-29012/21/2012-IR(M)]

JOHAN TOPNO, Under Secy.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

89

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, JAIPUR

N.K. PUROHIT, Presiding Officer

I.D. 78/2012

Reference No. L-29012/21/2012-IR(M)

dated: 20.7.2012

Ram Chandra Meena

S/o Shri Dhiraji Meena

VPO Kagdar, Fala Khandagodha,

The. Rishabhdev, Distt: Udaipur.

V/s

1. The Managing Director,

M/s Tirupati Stone Pvt. Ltd.

"Mangal Deep", 2, Panchwati,

Udaipur.

PRESENT

For the applicant

:

Ex-party

For the non-applicant

:

Sh. Rammanohar Sharma

AWARD

25.6.2013

1. The Central Government in exercise of the powers

conferred under clause (d) of Sub Section 1 & 2(A) of

Section 10 of the Industrial Disputes Act 1947 has referred

the following Industrial dispute to this tribunal for

adjudication:—

"Whether the action of the management of

M/s Tirupati Stone Pvt. Ltd. in terminating the

services of Shri Ram Chandra Meena w.e.f. 1.1.2010

without following the principles of natural justice

without any notice pay & other terminal benefits is

legal & justified? What relief the workman is entitled

to?"

2. Pursuant to the receipt of the reference, registered

notices were issued to both the parties.On 2.11.2012 the

workman Sh. Ramchandra put his appearance & sought

time for filing his statement of claim but on subsequent

dates 22.1.2013, 18.3.2013 & 21.5.2013, neither the workman

nor his representative appeared to file statement of claim.

Therefore, ex-party proceedings were drawn against the

workman on 21.5.2013.

3. Since the workman has not filed his statement of

claim the non-applicant has not adduced any evidence.

4. Heard the Ld. Representative for the non-applicant.

5. The workman has not appeared to file his claim

statement & ex-party proceedings have been drawn against

him. Under these circumstances, no material could be

brought on record for adjudication of the reference order

under consideration on merits. It appears that the workman

is not willing to contest the case therefore, "No Dispute

Award" is passed. The reference under adjudication is

answered accordingly.

6. Award as above.

N.K. PUROHIT, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 50.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lqj{kk isij fey]

gks'kaxkckn ds izca/kr= 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;] tcyiqj ds iapkV ¼lanHkZ la[;k

lhthvkbZVh/,ylh/vkj/190/96½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 23@12@2013 dks izkIr gqvk FkkA

[lañ ,y&16011@3@95&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 50.—In pursuance of Section 17 of the

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

Government hereby published the award (Ref. No. CGIT/

LC/R/190/96) of the Central Government Industrial Tribunal/

Labour Court, Jabalpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of Security Paper Mill, Hoshangabad and

their workman, which was received by the Central

Government on 23/12/2013.

[No. L-16011/3/95-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/190/96

SHRI R.B. PATLE, Presiding Officer

General Secretary,

Security Paper Mill Karmchari Union,

Hoshangabad

...Workmen/Union

Versus

General Manager,

Security Paper Mill,

Hoshangabad (MP)

...Management

AWARD

(Passed on this 20th day of September, 2013)

1. As per letter dated 30-9-96/ 1-10-96 by the

90

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

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-16011/3/95-IR(DU). The dispute under reference

relates to:

"(a) Whether the action of the management of SPM

in imposing the penalty of reduction of pay by one

stage from Rs. 1760/- to 1720/- per month in Pay Scale

of Rs. 1350-2200 for a period of one year on Shri S.

M. Bhowate, Welder, as well as stoppage of his

increment during penalty period is justified? If not,

to what relief the workman is entitled to?'

(b) whether the action of the management of SPM in

stopping two increments in respect of Shri Shobaram

Patel and Shri S.G. Goswami is justified or not? If not,

to what relief the workmen are entitled to.

(c) Whether the action of the management of SPM in

imposing minor penalty on Shri M.M. Dhimole is

legal and 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

their statement of Claim on 16-11-2007. Ist Party workman

was proceed exparte.

3. Management submitted Written Statement. The

case of IInd party is that Security Paper Mill manufactures

currency and Bank Note Paper is covered by item 21 of the

First schedule to the I.D. Act, 1947 as such the Mill is a

declared essential Public Utility Service. That the workman

conducted open Munch in the vicinity of the Security

Paper Mill. It created disturbance in the industry causing

indiscipline and loss of production. It is alleged to be

misconduct on behalf of 1st Party workman. As per the

rules applicable to them the workman violated provisions

of Central Civil Service Rules. The Union had not supported

the case. Only workman has organized the open munch

violating service rules. Shri S.M. Bhawate was issued memo

dated 16-12-94 for violation of Rule 3(1)(ii) and (iii) of Central

Civil Service Conduct Rules 1964. He was called upon to

submit his explanation within 10 days. However Shri S.M.

Bhawate did not seek time for submitting reply. There was

no question of refusal to grant him time for filing reply.

That penalty of reduction of pay by one stage i.e. 1760 to

1720 in Pay Scale Rs. 1350 to 2200 was imposed. Reduction

was for a period of one year. The stoppage of increment is

justified.

With respect to Shri Shobharam Patel and Shri H.G.

Goswami, it is submitted that both the them had requested

time for submitting their expalnation. Despite of time granted

to them, they failed to submit reply/explanation. In absence

of reply by those workmen, minor penalty of stopping two

increments was imposed is legal. With respect to Ist Party

workman Shri M.M. Dhimole, the chargesheet was issued

to him on 11-1-95. He did not submit his reply within

10 days. There was no question of issuing chargesheet to

him. Before issue of chargesheet, the memorandum was

issued to him. The reply was received on 25-2-95.

Considering the reply; minor punishment was imposed on

him is legal.

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

In Affirmative

management of SPM in

imposing the penalty of

reduction of pay by one stage

from Rs. 1760/- to 1720/- per

month in Pay Scale of

Rs. 1350-2200 for a period of

one year on Shri S.M. Bhowate,

welder, as well as stoppage of

his increment during penalty

period is legal?

(ii) Whether the action of the

In Affirmative

management of SPM in stopping

two increments in respect of

Shri Shobaram Patel and

Shri S.G. Goswami is legal?

(iii) Whether the action of the

In Affirmative

management of SPM in

imposing minor penalty on

Shri M.M. Dhimole is legal?

(iv) If not, what relief the

Relief prayed by

workman is entitled to?"

workman is rejected.

REASONS

6. As per the terms of reference, the legality of

punishment of reduction of pay of Shri S.M. Bhawate from

Rs. 1760 to 1720 and stopping two increments of workmen

Shri Shobaram Patel and Shri S.G. Goswami, minor penalty

imposed on Shri M.M. Dhimole is referred for adjudication.

However, the workmen failed to appear in the reference

proceedings. Statement of claim is not filed on their behalf.

7. IInd Party filed Written Statement supporting the

punishments imposed against all the workmen. It is

submitted that the Ist Party workmen had not submitted

reply/explanation to the memo. Shri Shobaram Patel and

Shri S.G. Goswami though submitted their explanation to

the memo, minor punishment withholding two increments

were imposed. Reply received to the memo issued to

Shri Dhimole was considered and minor punishment was

imposed as per Annexure IV. It is submitted that the

workmen had conducted open munch which amounts to

misconduct. The production of the Security Paper Mill was

affected. The management has filed affidavit of witness

Shri K.N. Mahapatra supporting contentions in Written

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

91

Statement filed by IInd Party. The evidence of

management's witness remained unchallenged as Ist Party

workman failed to cross-examine the witness. I do not find

reason to disbelieve unchallenged evidence of

management's witness. Workman failed to submit their

statement of claim or adduce any evidence to establish

that the penalty imposed against them suffers from any

kind of illegality. Therefore I recored my finding in Point

No. 1, 2 & 3 in Affirmative.

8. In the result, award is passed as under:—

(1) Action of the management imposing minor

punishment on Ist Party workman is legal.

(2) Relief prayed by workman is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 51.—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj Hkkjr lapkj

fuxe fyfeVsM] jryke 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 ,oa Je U;k;ky;] tcyiqj ds iapkV

¼lanHkZ la[;k lhthvkbZVh/,ylh/vkj/62@2002½ dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 23@12@2013 dks izkIr gqvk FkkA

[lañ ,y&42012@319@2001&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 51.—In pursuance of Section 17 of the

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

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

LC/R/62/2002) of the Cent. Govt. Indus. Tribunal-cum-

Labour Court, Jabalpur now as shown in the Annexure, in

the industrial dispute between the employers in relation to

the management of BSNL, Ratlam and their workmen, which

was received by the Central Government on 23/12/2013.

[No. L-42012/319/2001-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/62/2002

SHRI R.B. PATLE, Presiding Officer

Shri Gajadhar Singh,

S/o Shri Hemsingh

Village-Kudkela,

Tehsil-Dharmajgarh,

Raigarh (Chhattisgarh)

...Workman

Versus

Sub-Divisional Officer (Telegraphs),

BSNL, Raigarh,

Chhattisgarh,

Sub-Divisional Officer (Phones),

BSNL, Raigarh,

Chhattisgarh

General Manager,,

BSNL, Telephone Exchange,

Bilaspur (Chhattisgarh)

....Managements

AWARD

(Passed on this 13th days of September, 2013)

1. As per letter dated 1.4.2002 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-42012/

319/2001-IR(DU). The dispute under reference relates to:

"Whether the demand of Shri Gajadhar Singh, Ex-

Casual Labour from the management of the Telecom

Department (BSNL), Raigarh for reinstatement and

his regularisation in service is justified? If not, to

what relief the workman is entitled and from which

date?"

2. After receiving reference, notices were issued to

the parties. Ist Party workman submitted Statement of Claim

at page 2/1 to 2/3. The case of Ist Party workman is that he

had worked as casual labour on muster roll with IInd Party

in 1990. He had worked during 1980 to 1983, 84 to 87 & in

1990. He claims to have worked more than 240 days during

each of the calender year. That Smt. Budhiarin Bai and

Pratapi Bai were part time labour in establishment of

IInd Party in 1988. They were directed to be given temporary

status as per order in Original Application No. 509/93 under

the Departmental Regularisation Scheme of 1989.

3. That several casual labours were working in

IInd party till 1995. None of them were regularized. Rajesh

Kumar Kunwar and Keshav Prasad working under the IInd

Party filed Original Application No. 96/95. Seeking

regularization. Application had filed original application

467/97 before CAT, Jabalpur. The directions were given to

the applicant to approach appropriate forum. Applicant

submits that case of Rajkumar and Keshav Prasad is

identical and therefore he is entitled to similar relief of

temporary status/regularization.

4. IInd Party filed Written Statement at Page 10/1 to

10/4. Claim of Ist Party is opposed. That workman has raised

industrial dispute alleging that his service were terminated

without following due procedure under I.D. Act. That the

respondent engaged workers for target works at various

placed in rival. The workers were engaged on muster roll

for specified period and works like for erecting lines and

wires, laying under ground cables, dismantling of lines

92

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

and wires, providing long distance connection etc. on daily

basis etc. The workers were employed on contract basis

for specified period therefore they were never engaged on

regular basis against regular sanctioned post. That after

expiry of stipulated work, the services of casual labours

were automatically terminated. They were again deployed

to the work under mustering officer when work was

available. The department had framed policy for conferring

of temporary status of casual workers known as Casual

Labours Grant of Temporary Status and Regularisation

Scheme, 1989. The conditions were that the employee

should be:—

(a) Engaged prior to 30.3.1985,

(b) Continuing as casual worker on 7.11.1989,

(c) Have completed 240 days in a year.

The scheme was extended as per order dated

25.6.1993. The required criterias are:—

(a) Having been engaged between 30.3.1985 to 22.6.1988.

(b) Still continuing in the date of respective orders.

(c) Not remained absent for more than 365 days w.e.f.

the issue of respective orders.

5. IInd Party submits that except in 1987, workman

had not completed 240 days service during the period of

service. He is not fulfilling conditions for temporary status.

Therefore he is not entitled for regularization of service.

That Smt. Budhiarin and Smt. Pratapi Bai was in employment

for longer period. The case of Rajesh Kumar and Keshav

Prasad were also not similar. On such grounds, IInd Party

submits that Ist Party workman cannot claim reliefs as similar

relief is granted to above workers. On such grounds, IInd

Party prays for rejection of claim of 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 demand of Shri

In Negative

Gajadhar Singh, Ex-Casual

Labour from the management

of the Telecom Department

(BSNL), Raigarh for reinstate-

ment and his regularisation in

service is legal?

(ii) If not, what relief the

Relief prayed by

workman is entitled to?"

workman is rejected.

7. As per terms of reference, Ist Party workman is

challenging legality of his termination. He is also claiming

regularization in service. However his statement of claim is

fully devoted for regularization as per the casual labours

regularization scheme.

8. IInd Party had denied claim of Ist Party contending

that he is not fulfilling eligibility criteria. The affidavit of

evidence is filed by workman. He has stated that he had

worked for 303 days during 1980 to 83, 420 days from 1984

to 1987, 207 days from 1987 to 1988, 167 days from July

1987 to Dec., 1987 and 177 days during 1988. That he was

required to work in the department in 1980. That he had

completed 240 days continuous service preceding one year

from 31.12.1988. He has further stated that his services

were terminated without notice, retrenchment compensation

was not paid. He was not granted temporary status as per

the scheme.

9. In his cross-examination, workman says he had

left service in December, 1988. That he was working as

labour in BSNL. His name was in muster. He was paid wages.

He had not received appointment letter. That he was working

on all 30 days of the month. He admits that working days

shown in Para-2 of his affidavit is six blocks is correct.

10. Management's witness Basant Xalxo in his

affidavit of evidence has stated the working days of Ist

Party workman from 1980 to 1988, in 1987 working days of

workman were 315 days, till October, 1998, working days

were 177. That there is no provision of regularization of

casual workers directly. Unless temporary status is

concurred on him. In his cross-examination, management's

witness claims ignorance whether the entries of attendance

was marked in the muster roll. He admits contents of para-

6 that casual labours in muster roll was taken.

11. In present case as workman has admitted that he

had left service in 1988, there was no question of giving

notice under Section 25-F as argued by counsel for

management.

12. Next question remains whether the workman is

entitled for regularisation under the scheme of 1989. As per

evidence in cross-examination of workman, he had left the

job in December, 1988. The scheme was introduced from

7.11.1989. The copy is produced on record. The scheme

prescribed various criterias for extending initially for

temporary status to employees completing 240 days service

as casual labour. The conferment of temporary status on a

casual labour would not involve any change in his duties.

Scheme also clearly provides that the employee is not

entitled for casual status. Their services are terminated

following conditons laid down in I.D. Act, 1947. Though

evidence on record shows that workman had completed

more than 240 days service in 1987, he himself left the

service in December 1988 before the scheme for

regularization of casual employees was introduced. The

scheme cannot be given retrospective effect for giving

temporary status to the workman. Therefore he is not

entitled to any of the relief prayed by him. For above

reasons, I record my finding in Point No. 1 in Negative.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

93

13. In the result, award is passed as under:—

(1) Termination of service of workman is not illegal, he is

not entitled for regularization.

(2) Relief prayed by workman is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 52.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjr lapkj

fuxe fyfeVsM] jryke 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;] tcyiqj ds iapkV

¼lanHkZ la[;k lhñthñvkbZñVhñ@,yñlhñ@vkj/68@2004½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 23-12-2013 dks izkIr gqvk FkkA

[lañ ,y&42012@242@2003&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 52.—In pursuance of Section 17 of the

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

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

LC/R/68/2004) of the Central Government Industrial

Tribunal/Labour Court, Jabalpur now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the management of BSNL, Ratlam and their

workman, which was received by the Central Government

on 23.12.2013.

[No. L-42012/242/2003-IR(DU)]

P.K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/68/2004

SHRI R. B. PATLE, Presiding Officer

The Divisional Secretary,

National Union of Telecom

Employees Line Staff &

Group D Mundla Nayata (Palda),

Indore

...Workman

Versus

The Telecom District Manager,

BSNL, O/o TDM,

Ratlam

...Management

AWARD

(Passed on this 12th day of November, 2013)

1. As per letter dated 9.6.2004 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-40012/242/2003-IR(DU). The dispute under reference

relates to:

"Whether the action of the management of TDM,

Ratlam in terminating the services of Shri Sitaram

S/o Mangilal Bhati w.e.f. 31-12-89 is justified? If not,

to what relief the workman is entitled for?"

2. After receiving reference, notices were issued to

the parties. Ist Party workman filed Statement of claim at

Page 7/1 to 7/3. The case of Ist Party workman is that he

was working from 1984 till January 1990 with IInd Party. His

services were terminated from 31-12-89. He was not served

with notice, he was not paid retrenchment compensation,

termination of his services is in violation of Section 25-F of

I.D. Act. Principles of last come first go was not followed.

Termination of his services is in violation of Section 25-G

of I. D. Act. He has filed Petition No. 499/95 before CAT,

Jabalpur. His petition was rejected for lack of jurisdiction.

He was given liberty to approach appropriate forum. After

following conciliation proceedings, the dispute is referred.

On such contentions, he prays for reinstatement with

consequential benefits.

3. IInd Party filed Written Statement at Page 8/1 to

8/3. Preliminary objection is raised that the dispute is

referred after 10 years. Ist Paty workman was initially

appointed in separate establishment under the Sub

Divisional Officer, Phones Ratlam as well as SDOT Mandsor.

Thereafter the workman voluntarily left the work. Other

contentions of workman are denied. It is denied that the

workman was terminated in violation of Section 25-F, G of I.

D. Act, completion of 240 days is denied. According to

IInd Party, it was work of deptt. after completion of work,

work was transferred to other place. The dispute is not

tenable. IInd Party prayed for rejection of claim.

4. Workman filed rejoinder at Page 9/1 to 9/3

reiterating his contentions in Statement of Claim. That he

had completed more than 240 days continuous service

preceding his termination. He was not paid retrenchment

compensation. He was not served with notice of

termination.

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 TDM, Ratlam

in terminating the services of

Shri Sitaram S/o Shri Mangilal

Bhati w.e.f. 31-12-89 is justified?

94

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

6. Workman is challenging termination for violation

of Section 25-F, G of I.D. Act. That he was working in IInd

Party from 1985 to December 1989. He had completed 240

days continuous service during each year. IInd Party denied

those contentions of the workman. Workman filed affidavit

of his evidence stating that he had completed 240 days

continuous service preceding termination of his services.

In his cross-examination, workman says that he was not

given appointment letter. He had not obtained registration

of Employment Exchange. The document in that regard is

not produced. He denied that after completion of project,

his service used to come to an end. He denied that he had

left the work of project. It is denied that after completion of

project work, he was directed to work in other division. He

denied that he had not completed 240 days continuous

service preceding his termination.

7. Management filed affidavit of evidence of witness

Shri P. K. Jain witness of managment has stated that

workman had not completed 240 days continuous service.

Workman was engaged as casual labour in 1987 as per

need. In his cross-examination, workman says that he is

working at Ratlam from 1-1-87. Workman did not work under

him. He has not produced documents related to the dispute.

He denies that workman was appointed as regular

employee. The witness of the management says that

payment of retrenchment compensation was not considered

necessary. He has denied that workman has completed 240

days service.

8. The documents produced by workman are

admitted by IInd Party In Exhibit W-1, 30 working days are

shown in 1987. In W-2 working days during January to

August 89 are shown 181 days. In W-3 working days from

Sept. to October 89 are 51 days, in Exhibit W-4, working

days in December 89 are shown 31 days. The total of

working days comes to more than 240 days preceding

termination of services of workman. Workman is covered

under Section 25-B of I.D. Act. Workman was not served

with notice. He was not paid retrenchment compensation.

Termination of services of workman is in violation of Section

25-F of I.D. Act. Therefore I record my finding in Point

No. 1 in Negative.

9. Point No. 2

In view of my finding in Point No. 1 that the

termination of workman is illegal and in violation of Section

25-F of I.D. Act, question arises whether the workman is

entitled for reinstatement with back wages. As per evidence,

workman was working from 1985 to December, 1989 for

about 4 years. His services are terminated in violation of

Section 25-F. Workman was not appointed following

selection process. His name was not sponsored through

Employment Exchange. Relief of reinstatement with back

wages cannot be allowed. In my considered view, payment

of reasonable compensation would be appropriate to meet

the ends of justice. Compensation Rs. 50,000/- would be

proper and reasonable. Accordingly I record my finding on

Point No. 2.

10. In the result, award is passed as under :—

(1) Action of the management of TDM, Ratlam in

terminating the services of Shri Sitaram S/o Shri

Mangilal Bhati w.e.f. 31.12.89 is not legal.

(2) IInd Party is directed to pay compenation

Rs. 50,000/- 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] 23 fnlEcj] 2013

dkñvkñ 53.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUæh; ljdkj eSllZ ,e lh ,y

ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp]

vuqca/k esa fufnZ"V vkS|kfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vfèdj.k@Je U;k;ky;] Hkqous'oj ds iapkV ¼lanHkZ la[;k 28@2011½

dks izdkf'kr djrh gS] tks dsUæh; ljdkj dks 23@12@2013 dks izkIr

gqvk FkkA

[lañ ,y&22012@19@2011&vkbZvkj ¼lh,e&II½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 53.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 28/2011) of

the Central Government Industrial Tribunal/Labour Court,

Jabalpur now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Lingaraj Area of MCL and their workmen,

received by the Central Government on 23/12/2013.

[No. L-22012/19/2011-IR(CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, BHUBANESWAR

PRESENT : SHRI J. SRIVASTAVA, Presiding Officer,

C.G.I.T.-cum-Labour Court,

Bhuabaneswar.

INDUSTRIAL DISPUTE CASE NO. 28/2011

Date of Passing Award-29th July, 2013

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

95

BETWEEN :

The General Manager,

Lingaraj Area of MCL,

At./Po. Deulbera Colliery,

Dist. Angul

...1st Party

Management

And

The General Secretary, Talcher Coal

Mines Employees Union, At. Qrs. No. A/121,

Po. N.S. Nagar, Dist. Angul

... 2nd Party-Union.

APPEARANCES :

None

...

For the 1st Party-Management

None

...

For the 2nd Party-Union

AWARD

The Government of India in the Ministry of Labour

has referred an industrial dispute existing between the

employers in relation to the management of Lingaraj

Area of MCL and their workmen 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 vide its letter No. L-22012/19/2011-IR(CM-II),

dated 11.05.2011 in respect of the following matter :—

"Whether the action of the management of Lingaraj

Area of MCL in creating wage disparity between

Shri P.C. Sahoo and V.K. Upadhyay both JR DEO-Gr-D

and not giving promotion to them as per the cadre

scheme is appropriate and justified ? To what relief the

workmen are entitled to" ?

2. The 2nd Party-Union espousing the cause of the

workmen has filed statement of claim stating that both the

workmen namely Shri Pravakar Sahoo and Shri Vijay Kumar

Upadhaya are presently working as Junior Data Entry

Operator (DEO) in the office of the General Manager,

Lingaraj Area, At./Po. Deulabera Colliery in the District of

Angul, Orissa. Shri Pravakar Sahoo was appointed in the

MCL on 29.3.1996 as land oustee in Bharatpur O.C.P. and

then transferred to Kalinga O.C.P. on 1.4.1996. Shri Vijay

Kumar Upadhya was appointed on 26.12.1996 on the death

of his father and later transferred to lingaraj Area and posted

in Regional Store, Lingaraj Area. Shri Pravakar Sahoo and

Shri Vijay Kumar Upadhyay were later selected on the post

of E.D.P. (Tr.). Both of them worked as E.D.P. (Tr.) for one

and half year and then their designation was changed to

Junior Data Entry Operator (Tr.), Grade-E from 1.6.2004.

Recently both of them have been promoted as Junior Data

Entry Operator and joined the post on 30.3.2010 on protest.

They have been working in the post of Junior Data Entry

Operator (Tr.), Grade-E from 1.6.2004, but their basic pay

has not been fixed properly on promotion. They were

drawing more pay in their previous post, but their basic

pay has been fixed at the initial pay of the new post. Both

of them are eligible to get Grade 'D' post in the same

discipline after working in the job after one year and then

they should get promotion as per the cadre scheme. In the

E.D.P. cadre they should be retained for one year as trainee

then they should get promotion to the next higher post

and thereafter promotion after three years. Interestingly

their pay which was reduced to the starting pay of the new

post has been regularized in adopting the basic of NCWA-

VIII with effect from 1.7.2006, but they were not paid arrear

wages of differential pay. Again the Management did not

consider their promotion as per cadre scheme and retained

them in Grade-E post till now despite making repeated

requests. This amounts to unfair labour practice. Therefore

both the workmen should be regularized in the post they

held on appointment as trainee after one year and their

promotions should be allowed after consideration as per

cadre scheme and their basic pay should be fixed at the

corresponding scale of new post on placement.

3. The 1st Party-Management did appear in the case

through its authorized representative, but did not file any

written statement. As such the case was ordered to proceed

exparte against the 1st Party-Management and the 2nd

Party-Union was called upon to adduce evidence in support

of its claim. But the 2nd Party-Union failed to file any oral

evidence. It has filed photostat copies of some documents

along with its statement of claim, but these documents

have not been proved and exhibited through oral evidence.

3. As per the schedule of reference the dispute

consists of two parts:—

(i) Whether the action of the Management of Lingaraj

Area of MCL in creating wage disparity between

Shri P.C. Sahoo and V.K. Upadhyay both Jr. DEO,

Gr.-D is appropriate and justified ? and

(ii) Whether the action of the Management of Lingaraj

Area of MCL by not giving promotion to them as per

cadre scheme is appropriate and justifed ?

4. As regards the first part of the dispute the 2nd

Party-Union has not raised any pleadings in its statement

of claim. It has only alleged that the basic pay of both the

workmen has not been protected and fixation has not been

done properly. Their basic pay was fixed at the initial pay

of the new post, while they were drawing more basic pay in

the earlier post. It is very much clear from the averments

made in Part-6 of the claim petition. Besides, no evidence

on this point has been led by the 2nd Party-Union or the

disputant workmen. Hence it cannot be said or held that

the 1st Party-Management has done any discrimination or

disparity in pay fixation of the two workmen on promotion.

5. On the second point of dispute the main grievance

of the disputant workmen seems to have been that they

were not given promotion in the post of Junior Data Entry

Operator from due date as per cadre scheme. They were

promoted to the post of Junior Data Entry Operator (trainee)

96

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Grade-E from the post of EDP (Trainee) on 1.6.2004 and

after working for nearly six years they were given promotion

to the post of Junior Data Entry Operator, Grade-D on

29.3.2010 while the cadre scheme stipulates two years

experience as Junior Punch Verifier/Junior Data Entry

Operator in Grade-II. It is not clear, nor the 2nd Party-Union

or the disputant workmen have clarified as to why their

promotion was delayed? No material or substantial

evidence could come before the court due to non-

appearance of the 1st Party-Management. Although the

Management preferred to refrain itself from the proceedings

of the case. But the principles of natural justice demand

due consideration by the Management of its action in not

promoting the disputant workmen as per cadre scheme.

However in absence of any material to substantiate the

case of the disputant workmen, no specific order can be

passed in this regard. The 2nd Party-Union or the disputant

workmen have not appeared in the witness box to depose

the true facts of the case and bring out material before the

court to justify the claim. Therefore the 2nd Party-Union or

the disputant workmen cannot be given any relief.

6. The reference is answered accordingly.

JITENDRA SRIVASTAVA, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 54.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj eSllZ ,e 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

vfèdj.k@Je U;k;ky;] Hkqous'oj ds iapkV ¼lanHkZ

la[;k&¼28@2001½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

23@12@2013 dks izkIr gqvk FkkA

[lañ ,y&22012@168@1996&vkbZvkj¼lh&II½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 54.—In purusance of Section 17 of the

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

Goverment hereby publishes the Award Ref. 28/2001 of the

Cent. Govt. Indus. Tribunal-cum-Labour Court,

Bhubaneswar as shown in the Annexure, in the industrial

dispute between the management of Mahanadi Coalfields

Limited, and their workmen, received by the Central

Government on 23/12/2013.

[No. L-22012/168/1996-IR(C-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, BHUBANESHWAR

PRESENT: SHRI J. SRIVASTAVA, Presiding Officer

C.G.I.T.-cum-Labour Court, Bhubaneswar.

Tr. Industrial Dispute Case No. 28/2001

Date of Passing Award-30th April, 2013

BETWEEN

The Management of the General Manager,

Ib Valley Area, Mahanadi Coalfields Ltd.,

Po. Brajarajnagar, Dist. Jharsuguda.

... 1st Party-Management.

And

Their workmen represented through the

Joint Secretary, Brajarajnagar Coal Mines

Workers Union, At./Po. Lamtibahal,

Via. Brajarajnagar, Distt. Jharsuguda.

... 2nd Party-Union.

APPEARANCES:

M/s. G.K. Satpathy,

...

For the 1st Party-

Advocate.

\

Management.

M/s. D. Mahanta,

...

For the 2nd Party-

Advocate.

Union.

AWARD

The Government of India in the Ministry of labour

vide its Letter No. L-22012/168/96-IR(C-II) dated 5.6.1997

has referred an industrial dispute existing between the

employers in relation to the management of Ib Valley Area,

MCL and their workman in exercise of the powers conferred

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

Section 10 of the Industrial Disputes Act in respect of the

following matter.

‘‘Whether the action of the Management of Ib Valley

Area of Mahanadi Coalifields Ltd. in terminating the

services of S/Sh. Gokul Satpathy, Safet Kansarali,

Jay Gopal Podha, Raju Kisan, Sundar Pradhan and

Prafulla Kumar Besan is legal and justified? If not, to

what relief are the workmen entitled and from which

date?”

2. The 2nd Party-Union filed statement of claim and

stated that the disputant workmen named above were

engaged by the Management as labourers in Regional

Stores, Belpahar during July, 1993 and some of them were

also engaged for some time as peons, but the exact nature

of their duties was supervising the loading the unloading

operation, checking of packets and shelfing them in the

stores etc. All the above workmen continued their

work/duty up-to 30.10.1995 without any break. But

suddenly they were refused work from 31.10.1995 without

any reason. This act of the Management is illegal, arbitrary

and amounts to unfair labour practice. The Management

had direct supervision and control over these workmen.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

97

They were being paid weekly wages directly by the

Management. The payment vouchers were made by the

MCL, Ib Valley Area in the name of one workman and the

amounts sanctioned was distributed equally among all the

workmen. Therefore there was master and servant

relationship between the Management and these workmen.

These workmen were not engaged by the contractor in the

Regional Stores. The sudden refusal of work of these

workmen by the Management amounts to retrenchment

which is in violation of section 25-F of the Industrial

Disputes Act. Before refusal of work to these workmen the

Management has neither given one months' notice in writing

indicating the reasons for retrenchment nor has paid

compensation as required. All the six workmen had rendered

nearly two years four months service which shows that

there is need for regular post and the Management should

have taken immediate steps to regularize them. The Union

represented to the General Manager, MCL, Ib Valley area

to regularize these six workmen vide letter dated 31.10.1995,

but their claim was refused. Then the grievance of the

workmen was reaised by the Union Before the Asstt. Labour

Commissioner (Central), Rourkela who inspected the area

and found that the six workmen were engaged against the

job which is permanent and perennial in nature. But the

Management instead of regularizing them, has refused work

to them. Hence it has been prayed that the Management be

directed to take them back and regularize them, in their jobs

and pay them differential wages of Category-I from the

date of their engagement.

3. The 1st Party-Management in its written statement

has stated that the disputant workmen were contract

workers being paid on the basis of the approved rate by

the competent authority for each item of work. Their wages

of each day was collected periodically by one of them on

behalf of all the workmen depending upon the quantum of

work done by them collectively. The payment so received

was distributed by themselves as per their respective

contribution to the work. There was no privity of contract

between the 1st Party-Management and the disputant

workmen. They were never assigned any duty of

supervising the loading and unloading operation or

checking of packets as has been alleged. It is also false to

allege that some of them were engaged as peons and they

were continuously engaged without any break up-to

30.10.1995. The Management had engaged these workmen

on contract basis as the nature of job involved was of

casual nature. Since there was no need of labourers and

peons after 31.10.1995 the allegations regarding approach

of these workmen to the Depot Officer and their

engagement in the Regional Stores are false. The job of

stacking, loading and unloading and checking of packets

etc. relates to the valuable articles of the 1st Party-

Management. Therefore the same was entrusted to private

agencies like the disputant workmen due to exigencies. As

record of the same had to be maintained for reference at

any time later in case of any shortage, breakage etc. Some

of the general mazdoors of the company were also deputed

along with these six workmen whose names were recorded

in such documents alleged to be the attendance register.

Such endorsements by putting signature were also

necessary to certify the quantum of work done by the

workers against which payment can be passed by the

concerned department. Therefore these documents cannot

be taken to show that the workers so engaged were under

direct supervision and control of the Management. The

payment vouchers filed by the 2nd Party-Union do not

disclose the relationship of master and servant between

the workers and the Management. The job performed by

these workmen cannot be treated as the job of perennial

nature as the consignments are not expected everyday

from outside. These workmen were engaged purely on rate

contract basis to do the casual job on exigencies as and

when necessary. Therefore their claim for regularization is

unfounded and the reference may be answered in favour

of the Management.

4. The 2nd Party-Union in its rejoinder has stated

that the disputant workmen are neither casual nor contract

labourers. The Management has not alleged the

engagement of any contractor. The Management has been

diverting the regular employees for getting the work done

earlier performed by these workmen. Therefore the work is

regular and perennial in nature and the termination of the

disputant workmen was unwarranted and illegal.

5. On the pleadings of the parties following issues

were framed.

ISSUES

1. Whether the action of the management in

terminating the services of Sri Gokul Satpathy, Safet

Kansarali, Jay Gopal Podha, Raju Kisan, Sundar

Pradhan & Prafulla Kumar Besan is legal and

justified?

2. If not, to what relief are the workmen entitled &

from which date?

6. The 1st Party-Management has adduced the

evidence of two witnesses namely Shri Santosh Kumar

Mohanty as M.W.-1 and Shri Hrudananda Majhi as

M.W.-2 and relied on four documents marked as Ext.-A to

Ext.-D.

7. The 2nd Party-Union has examined two witnesses

namely Shri Arun Chandra Hota as W.W.-1 and Shri Prafulla

Kumar Besan as W.W.-2 and relied upon three documents

marked as Ext.-1, 2 and 2/1.

FINDINGS

ISSUE NO.1

8. As per allegation of the workmen they were

engaged by the 1st Party-Management as labourers in the

Regional Store, Belpahar and worked there from July, 1993

to October, 1995 without any break, whereas the stand of

98

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

the 1st Party-Management is that the disputant workmen

were contract workers being paid on the basis of the

approved rate for each item of work. Their wages for each

day was collected periodically by one of them on behalf of

all the workmen which depended on the quantum of work

done by them collectively and distributed by themselves

as per their respective contributions to the work.

9. From the evidence adduced by the parties the stand

taken by the Management proves to be true and

substantiated by the statements given on oath by the

witnesses of both the sides. There is no dispute that the

workmen worked in the Regional Stores, Belpahar from

July, 1993 to October, 1995 as casual labourers for loading

and unloading operation, checking of packets, and shelfing

them in stores. W.W.-1 Shri Arun Chandra Hota could not

tell as to who engaged the 2nd Party-workmen and whether

they were working on rate contract basis? W.W.-2

Shri Prafulla Kumar Besan has stated in his evidence that a

khata was supplied to each labourer in which the officer

was daily recording as to what work each of the labourers

had done and after verifying each khata payment was being

made. Ext.-1 is the attendance register with allotment of

work and Ext.-2 series is the payment/adjustment vouchers.

The money paid by the cashier was being distributed

amongst the six workers and two other outsider labourers.

The officer was giving instructions daily to each of the

labourers in their khata as to the work to be done by each

of them and that apart they were not giving their attendance

any-where. He has further stated that on receiving money

from the office these labourers were deciding among

themselves as to who will get how-much money depending

upon the work done by each of them. All these assertions

support the case of the 1st Party-Management. M.W.-1

Santosh Kumar Mohanty has virtually said the same thing

while stating that the workmen were working on the basis

of rate contract. According to him they were working

collectively and one of them was receiving the payment

and Distributing it amongst the labourers. Ext.-1 is not the

attendance register, it is a note prepared by him showing

the persons worked on a particular date being supervised

by him. This register was maintained to prepare bills for

making payment. The names of the disputant workmen do

not find place in Ext.-A, B & C which are the attendance

register. Ext.-2 was prepared after receipt of the approval of

the Dy. C.M.M. on the bills submitted by him. This witness

has earlier stated that the services of the outside labourers

are taken when the work load becomes more. The workmen

concerned in this case were engaged when there was need

of work. M.W.-2, Shri Hrudananda Majhi has also stated in

his evidence that "at the time of need basis we used to

engage outsiders on rate contract basis". He further stated

that "we never used to maintain the attendance of casual

labourers". These casual labouarers according to him were

not working everyday. They worked on the dates when the

materials were sent through trucks.

10. From the perusal of Ext.-1 and 2 filed on behalf of

the 2nd Party-workmen it cannot be said that these two

documents prove their regular engagement by the 1st

Party-Management. Ext.-1 cannot be named as attendance

register. It only shows the dates and names of the workmen

who worked on those particular dates and did particular

work. Copies of the payment vouchers also do not show

their continuous employment. This goes to reflect that the

2nd Party-workmen had not worked continuously for 240

days during a period of 12 calendar months preceding the

date of their disengagement. The work performed by these

workmen is permanent or perennial in nature is not of any

importance as they were engaged on contract basis.

Payment of their work was to be made on the quantum of

work they had performed. Therefore they had not acquired

any right to be regularized or to continue in service when

there is no sufficient work for them with the Management.

11. Under these circumstances the action of the

Management in terminating the services of S/Shri Gokul

Satpathy, Safet Kansarali, Jay Gopal Podha, Raju Kisan,

Sunder Pradhan and Prafulla Kumar Besan is perfectly legal

and justified and no right to get any relief accrue to them.

This issue is decided against the 2nd Party-wokmen and in

favour of the 1st Party-Management.

ISSUE No. 2

12. From what has been stated in Issue No. 1 above

the workmen are not entitled to any relief whatsoever.

13. Reference is answered accordingly.

JITENDRA SRIVASTAVA, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 55.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj eSllZ lh vkbZ ih

bZ ,.M Vh 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;] Hkqous'oj ds iapkV ¼lanHkZ la[;k 17@2006½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 23@12@2013 dks izkIr

gqvk FkkA

[lañ ,y&42012@249@2005&vkbZ vkj ¼lh ,e&II½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 55.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 17/2006)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Bhubaneswar as shown in the Annexure, in the industrial

dispute between the management of Central Institute of

Plastics Engg. & Technology, and their workmen, received

by the Central Government on 23/12/2013.

[No. L-42012/249/2005 - IR(CM-II)]

B.M. PATNAIK, Desk Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

99

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. 17/2006

Date of Passing Award-8th August, 2013

BETWEEN:

1. The Director General, Central Institute of

Plastics Engg. & Technology, Corporate Office,

Guindy, Tamilnadu-600 032

2. The Duputy Director & Head, Central

Institute of Plastics Engg. & Technology,

B/25, CHI Complex, Bhubaneswar

(Orissa) — 751 024

.........1st Party-Managements

(And)

Shri Sridhar Naik,

S/o. Late Bholi Naik, At./PO. Patia,

Ps. Chandrasekharpur, Bhubaneswar

(Orissa)-751 031

... 2nd Party-Workman.

APPEARANCES:

Shri K.S. Sodhi,

...

For the 1st Party-

Manager (PAF).

Managements.

Shri Sridhar Naik.

...

For Himself the 2nd

Party Workman.

AWARD

The Government of India in the Ministry of Labour

has referred an industrial dispute vide its letter No. L-42012/

249/2005—IR (CM-II) dated 17.8.2006 existing between the

employers in relation to the management of Central Institute

of Plastics Engg. & Technology and their workman 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 in respect of the following

matter:—

Whether the action of the management of Central

Institute of Plastics Engineering & Technology in

terminating the services of Sri Sridhar Nayak w.e.f.

1.7.2003 is legal and justified? If not, to what relief is

the workman entitled?"

2. The 2nd Party-workman in his statement of claim

has averred that he was engaged as a casual worker under

the 1st Party-Management No. 1 and was assisgned duties

in the boys hostel. Later he was engaged in Library and

Training Department. While working as such his services

were approved by the then Project Head with effect from

1.3.1992. He had been discharging his duties very sincerely,

efficiently and continuously having no adverse remarks

against him. His initial monthly pay was raised in the year

1997 from Rs. 500 to Rs. 2025 and then to Rs. 3050 with

effect from 16.8.2001. His name was cited at Sl. No. 5 in the

list showing details of casual/temporary employees. He

rendered continuous service from 1.3.1992 to 30.6.2003

without any break. From 1.7.2003 Shri Ajit Kumar Pattnaik,

Assistant of the 1st Party-Management No. 1 refused

employment to him verbally under the orders of the Chief

Manager, (Project) Dr. S.K. Nayak. His several requests for

giving employment were turned down and the security

guards of the Management did not allow him to enter inside

the campus. The 1st Party-Management has refused

employment to him without any reason and without

compliance of the provisions of Section 25-F of the Industrial

Disputes Act, 1947. The 1st Party-Management has

engaged Mr. Manoj Kumar Pattnaik as a contractor without

obtaining any license under the Contract labour (R & A)

Act, 1970, who in turn, has deployed personnel for

discharging the duties of the 2nd Party-workman. The 1st

Party-Management forced him to work under the contractor

after submission of resignation, but the 2nd Party-workman

refused to work under the contractor. He and his four senior

co-workers were drawing salary directly from the 1st Party-

Management by signing the vouchers. The 1st Party-

Management has issued four cheques of Syndicate Bank,

Bhubaneswar in the name of the 2nd Party-workman

towards payment of arrear wages. Hence the 2nd Party-

workman be reinstated in service with full back wages.

3. The 1st Party-Management has filed its written

statement and alleged that the Central Institute of Plastics

Engineering and Technology is a society registered under

the Societies Registration Act, 1860 for training highly

skilled personel in Pastics Processing. Plastics testing

design and also to train tool room, I.T.I. etc. It is essentially

and educational institution. It is not engaged in any

commercial activities. As such it is not an industry under

the Industrial Disputes Act, 1947 and accordingly his Court

has no jurisdiction to entertain the case. The 2nd Party-

workman was engaged from November, 1994 to July, 1995

through House Keeping/Hotel Kitchen Contractor Shri Bata

Krishna Sahoo, from August, 1995 to September, 1996

through the hostel kitchen contractor Shri B.C. Das and

from October, 1996 to November, 1997 through the hostel

kitchen contractor Shri Bata krishna Sahu. From July, 1997

onwards the 2nd Party-workman was engaged by the hostel

mess committee for hostel. The said committee was

independently run by the hostel students. The 2nd Party-

workman was receiving wages from the hostel mess

committee through the institute. Earlier to it he was also

engaged from 1.3.1992 through the contractor Shri Sridhar

Naik for House Keeping works. The 2nd Party-workman

worked till the month of July, 2003 and received the payment,

but he did not turn up after July, 2003. In the month of June,

100

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

2004 he was engaged for gardening work on his personel

request and received payment till August, 2004 for the work

done by him. He left the job on his own choice. He has

never worked continuously for 240 days in a year. He was

never appointed by the CIPET against any sanctioned

permanent or regular post or vacancy. For the increasing

house keeping job the 1st Party-Management has engaged

M/s. Manoj Enterprises to carry out the day to day house

keeping works in the hotel and office premises. the 2nd

Party-workman was engaged by the respective contractors

and mess committee as per their requirement while four

seniors named by the 2nd Party-workman have been

working in CIPET as casual/contract employees. The 2nd

Party-workman was neither appointed against any regular

sanctioned/vacant post by CIPET nor he has any vested

right for his regularization in CIPET. Hence he is not entitled

to the reinstated. The question of victimization does not

arise since the 2nd Party-workman was neither appointed

not disengaged by the CIPET. The provisions of Section

25 of the Industrial Disputes Act are not attracted in this

case. The 2nd Party-workman has also filed W.P. No. 4600/

2003 for regularization of his service in Hon'ble High Court

of Orissa which is still pending. Hence he cannot be allowed

to take shelter of two forums simultaneously for the same

relief.

4. On the pleadings of the parties, following issues

were framed:—

ISSUES

1. Whether the reference is maintainable?

2. Whether the workman was engaged by the

Management of Central Institute of Plastics Engineering &

Technology?

3. Whether the Management had ever refused

employment to the workman with effect from 1.7.2003 and

if so, whether the action of the management is justified and

legal?

4. If not to what relief the workman is entitled?

5. The 2nd Party-workman Shri Sridhar Nayak son

of Late Bholi Naik has examined himself as W.W.-1 in

evidence and relied upon fifteen documents marked as Ext.-

1 to 15. On the other hand the 1st Party-Management has

examined Shri Sridhar Naik son of Akura Naik as M.W.- 1

and relied on several documents marked as Ext.-A to S.

FINDINGS

ISSUE NO. 1

6. Although the 1st Party-Management has stated

that its establishment being an educational institution not

engaged in any commercial activities does not come under

the definition of "Industry" and therefore the reference is

not maintainable in this Tribunal/Court, yet it has not

seriously contested the issue and seems to have given up

the question of maintainability and jurisdiction of the court.

It has filed Ext.-F, photostat copy of judgement of the

Hon'ble High Court of Madras given in Writ Petition No.

863/1984 wherein it was held that the Management of

Central Institute of Plastic Engineering and Tools, Madras

is exempt under section 32(v) (b) and (c) of the Payment of

Bonus Act. This judgement is no helpful in the present

context as the question involved herein is the applicability

of the Industrial Disputes Act, 1947. The 1st Party-

Management seems to have submitted to the jurisdiction

of the Central Government Industrial Tribunal-cum-Labour

Court for adjudication of industrial disputes as it has relied

on the judgement of the Hon'ble High Court of Punjab and

Haryana at Chandigarh given in Civil Writ Petition No.

7344 of 2007 and judgement of I.D. Case No. 97/1995 given

by the Labour Court, Bhubaneswar relating to the 1st Party-

Management. The photostat copies of these two

judgements have been filed along with the written note of

argument by the 1st Party-Management. In these two cases

applicability of the Industrial Disputes, Act has not been

challenged by the 1st Party-Management. In my view also

this Tribunal-cum-Labour Court has jurisdiction to

adjudicate upon the industrial dispute between 1st Party-

Management and its employees being an industrial dispute

as the 1st Party-Management is a State-run establishment

and the present dispute relates to public employment. This

issue is accordingly decided against the 1st Party-

Management and it is held that the reference is maintainable

in this Tribunal/Labour Court.

ISSUE NO. 2

7. According to the 2nd Party-workman he was

engaged by the 1st Party-Management No. 1 with effect

from 1.3.1992 and he worked till 30.6.2003 without any break.

On the contrary the 1st Party-Management has alleged

that the 2nd Party-workman had worked from 1.3.1992 till

July, 2003 under different contractors for different kind of

work. He was receiving wages from the contractors through

the Institute. But the 1st Party-Management has failed to

prove by any cogent and reliable evidence that the 2nd

party-workman was engaged by the contractors for different

spell of time. It has examined one of the contractors named

Shri Sridhar Naik as M.W.-1, who has stated in his evidence

that the 2nd party-workman has worked under him for one

year and disbursed his wages brought from the

Management. He got appointment in regular post under

the 1st Party-Management in the year 1994. Thereafter he

left the contract and the 2nd Party-workman was doing

various miscellaneous works under the Management. He

has further stated that the 2nd Party-workman was working

under the two contractors, namely Shri Bata krishna Sahu

and Shri B.C. Das and getting his wages as usual from the

office of the Management and the hostel. In his cross-

examination he has candidly admitted that "I cannot say

whether the workman was working with the contractor, but

I can say the workman was working directly with the

Management and receiving wages through voucher". The

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

101

1st Party-Management has filed four numbers of photostat

copies of contract agreement executed between the

contractor and the 1st Party-Management, but they do not

indicate that the 2nd Party-workman was engaged by these

contractors.

8. The 2nd Party-workman Shri Sridhar Nayak son of

late Shri Bholi Nayak has stated in his evidence that he

was engaged by the Management initially in the year 1992

as a sweeper and he continued to work till June, 2003 in

different fields of work. He has also stated in his cross

examination that he was engaged by Shri Sridhar Nayak,

Contractor during the absence of Shri Bai Nayak and for

that period Shri Sridhar Nayak, Contractor used to get his

remuneration from the Management and give it to him. He

has also admitted that he was sent to the hostel to assist

Shri Batakrishna Sahoo who was working as a cook in the

hostel in the year 1994. 50% of his wages and 50% of wages

of other workers was borne by the hostel committee and

the rest 50% was borne by the Management. From his

statement read as a whole, it cannot be concluded that he

was engaged by the contractor and shifted his employment

from one contractor to another with the change of

contractor. He has also filed several documents to prove

that he was working as a casual employee under the

1st Party-Management. Ext.-1 to 3 show that the 1st Party-

Management was recommended his name along with four

other casual workers for regularization to its Head Office.

He was also given bonus along with other employees in

the year 1996-97 and 1998-99 as is reflected from Ext.-4 and

9. Details of casual staff are given in Ext.-6 and 13. Although

this list has been denied by the 1st Party-Management,

but no one from the side of the 1st Party-management has

come to state this thing on oath. The 2nd Party-workman

was has also filed copies of vouchers. Ext.-5, 8 and 14 to

show the payment of wages and bonus by the

Management. The 1st Party-Management has also filed

photostat copies of several vouchers and one money

receipt towards payment of wages and other dues to the

2nd Party-workman. All these documents go to prove that

the 2nd Party-workman was engaged by the Management

of CIPET itself and not by the contractors. This issue is

accordingly decided in the affirmative and in favour of the

2nd Party-workman.

ISSUE NO. 3

9. The stand of the 2nd Party-workman is that he was

refused employment on 1.7.2003 by Shri Ajit Kumar Pattnaik,

Assistant under the direction of the 1st Party-Management

No. 1, but this stand of the 2nd Party-workman proves to

be false as he himself has admitted in his cross examination

that 1.7.2003 was a holiday on account of Rath Yatra. He

had worked in the month of July, 2003 and was also paid

his wages amounting to Rs. 3050/-. He also granted receipt

of that payment which has been filed as Ext.-A by the 1st

Party-Management. Further he has admitted that "it is a

fact that I worked in the month of June, July and August,

2004 in the office of the Management and I have also

received salary for those months". Refused employment

to the 2nd Party-workman no question of legality or illegality

of the action of the Management arises in this regard.

ISSUE NO. 4

10. As the 2nd Party-workman has failed to prove the

refusal of employment by the 1st Party-Management and

also to prove 240 days continuous service during a period

of 12 calender months preceding the date of his alleged

disengagement, he does not appear to be entitled to any

relief.

11. The reference is answered accordingly.

JITENDRA SRIVASTAVA, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 56.—vkS|ksfxd fookn vfèfu;e 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjr lapkj

fuxe fyfeVsM] jryke 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 ,oa Je U;k;ky;] tcyiqj ds iapkV

¼lanHkZ la[;k lhthvkbZVh@,ylh@vkj@87@2005½ dks izdkf'kr djrh

gS tks dsUnzh; ljdkj dks 23@12@2013 dks izkIr gqvk FkkA

[lañ ,y&40012@49@2004&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 56.—In pursuance of Section 17 of the

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

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

LC/R/87/2005) of the Central Government Industrial

Tribunal/Labour Court, Jabalpur now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the management of BSNL, Ratlam and their

workman, which was received by the Central Government

on 23/12/2013.

[No. L-40012/49/2004-IR (DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/87/2005

SHRI R.B.PATLE, Presiding Officer

Divisional Secretary,

National Union of Telecom Employees Line Staff

& Group—D,

R/o Mundala Nayata (Palda),

Indore

....Workman/Union

102

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Versus

The Telecom District Manager,

BSNL, O.o the TDM,

Ratlam (MP)

....Management

AWARD

(Passed on this 13th day of November, 2013)

1. As per letter dated 26-8-05 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-40012/

49/2004-IR(DU). The dispute under reference relates to:

"Whether the action of the management of TDM,

Ratlam in terminating the services of Shri Ganpatlal

S/o Shri Mohanlal w.e.f. 31-1-90 is justified? If not, to

what relief the workman is entitled?"

2. After receiving reference, notices were issued to

the parties. Ist Party workman filed Statement of Claim at

Page 5/1 to 5/4. The case of Ist Party workman is that he

was working on establishment of IInd Party from 1984. He

was doing work of laying telephone lines, his services are

terminated from 31-1-90 without notice. He was not paid

retrenchment compensation. That he had worked for more

than 240 days preceding termination of his services. That

his services are terminated in violation of Section 25-F of

I.D. Act principles of last come first go was not followed.

IInd Party violated Section 25-G of I.D. Act he had filed

Original Application No. 499/95 before CAT, Jabalpur. This

petition was disposed in liberty to approach appropriate

forum as per order dated 30-7-99. Workman reiterate that

his services are illegally terminated. He prays for

reinstatement with consequential benefits.

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

6/3. Preliminary objection is raised that dispute referred

after 14 years is barred by limitation. Workman is not entitled

to any relief. Workman was engaged as daily wager on

casual basis. He is not entitled to protection of I.D. Act.

The dispute is not tenable. IInd Party further submits that

workman was engaged purely as casual labour. That the

claim of workman that he completed 240 days working is

not genuine. Workman was not regularly working for 240

days. That eventhough SDO Mandsor has been given one

month payment Rs. 1005 & Rs. 1005/-towards

compensation. The termination of his service is not illegal.

The claim of workman is highly belated and deserves to be

rejected.

4. Workman filed rejoinder reiterating his contentions

in Statement of Claim. That his services are terminated in

violation of Section 25-F of I.D. Act. He had worked for

more than 240 days during each of the year in 1984 to 1990.

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

managerment of TDM, Ratlam

in terminating the services

of Shri Ganpatlal S/o Shri

Mohanlal w.e.f. 31-1-90 is

legal?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

6. Workman is challenging termination of his services

for violation of Section 25-F, G of I.D. Act he claims that he

worked for more than 240 days during each year from 1984

to 1990. IInd Party denied above contentions of the

workman. Workman filed affidavit of his evidence covering

all above contentions. In his cross-examination, workman

says appointment letter was not given to him. His name

was sponsored through Employment Exchange. He was

working on daily wages. His wages were paid at the end of

month. He was working in Ratlam Division. He was unable

to tell for how many days, he worked in a particular year.

He was doing work of laying cables. After the completion

of work, he was discontinued. Again he was taken for the

work. He has signed his Statement of Claim after reading

the contents. He denied receipt of money order of Rs. 2000

from IInd Party.

7. Management filed affidavit of evidence of witness

Prem Kumar Jain. His affidavit of evidence is by way of

denial that workman was engaged as casual labour. After

completion of work, his services were discontinued. That

workman was paid amount of Rs. 2010 by Money Order.

The amount was not accepted by him. In his cross-

examination, management witness says when services of

workman were terminated, amount of Rs. 2010 was sent by

Money

order

towards

compensation.

The

acknowledgement is produced Exhibit M-1 and postal

receipt M-2 the management's witness in his cross-

examination says that he was not posted while the workman

was working. That he has given evidence as per the available

documents. The working days shown in Exhibit M-1 are

correct. He denies that amount was not sent by Money

order.

Section 25-F of I.D Act provides—

‘‘Conditions precedent to retrenchment of

workmen—No workman employed in any industry who

has been in continuous service for not less than one year

under an employer shall be retrenched by that employer

until—

(a) The workman has been given one month's notice in

writing indicating the reasons for retrenchment and

the period of notice has expired or the workman has

been paid in lieu of such notice, wages for the period

of the notice;

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

103

(b) The workman has been paid, at the time of

retrenchment, compensation which shall be

equivalent to fifteen days average pay for every

completed year of continuous service or any part

thereof in excess of six months and

(c) Notice in the prescribed manner is served on the

appropriate Government or such authority as may

be specified by the appropriate Government by

notification in the Official Gazette."

As per Section 25-F(a), notice is not given to the

workman indicating reasons for retrenchment. Therefore

the termination of service of workman cannot be said legal.

Provisions of Section 25-F are not complied therefore the

termination of services of workman cannot be said legal.

Provisions of Section 25-F are not compiled therefore the

evidence of management's witness that retrenchment

compensation amount was sent by money order itself

shows that the workmam has completed 240 days service

and he was entitled to protection under Section 25-F of I.D.

Act. Therefore I record my finding on Point No. 1 in

Negative.

8. Point No. 2—In view of my finding in Point No. 1,

termination of service of workman is in violation of Section

25-F of I.D. Act, question arises to what relief the workman

is entitled. That the workman was working as casual labour

on daily wages, reinstatement of workman would not be

appropriate. On the point, learned counsel for IInd Party

relies on ratio held in

"Case of Assistant Engineer, Rajasthan Development

Corporation and another versus Giram Singh reported

in 2013(2) Supreme Court Cases (L&S) 369. Their

Lordship held the service of a daily wager who worked

for short period of 240 days only terminated by

appellant employer in 1991 in contravention of

Section 25-F, the Lordship allowed compensation of

Rs. 50,000/- to meet the ends of justice."

Ratio in above cited case squarely applies to present

case therefore the workman be paid compensation

Rs. 50,000. Accordingly I record my finding in Point No. 2.

9. In the result, award is passed as under:—

(1) Action of the management of TDM, Ratlam in

terminating the services of Shri Ganpatlal S/o Shri

Mohanlal w.e.f. 31-1-90 is not proper.

(2) IInd Party management is directed to pay

compensation Rs. 50.000/- to 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] 23 fnlEcj] 2013

dkñvkñ 57.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nwjlapkj foHkkx

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

,oa Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k lhthvkbZVh/

,ylh/vkj/51/2001) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

23@12@2013 dks izkIr gqvk FkkA

[lañ ,y&40012@406@2000&vkbZ vkj¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 57.—In pursuance of Section 17 of the

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

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

LC/R/51/2001) of the Central Government Industrial

Tribunal/Labour Court, Jabalpur now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the management of Deptt. of

Telecommunication and their workman, which was received

by the Central Government on 23/12/2013.

[No. L-40012/406/2000-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/51/2001

SHRI R.B. PATLE, Presiding Officer

Shri Kailash C. Prajapati,

S/o Bhagwandas Prajapati,

R/o H/4, Govt. Milk Dairy Colony,

Guna

....Workman

Versus

Chief General Manager,

Deptt. of Telecommunication,

Hoshangabad Road,

MP Circle,

Bhopal

District Engineer (Phones),

Guna

....Management

AWARD

Passed on this 22nd day of November 2013.

1. As per letter dated 19-2-2001 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-40012/

406/2000/IR(DU). The dispute under reference relates to:

104

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

"Whether the action of the management of District

Engineer (Phones), Guna in terminating Shri Kailash

Chandra Prajapati S/o Bhagwandas Prajapati w.e.f.

1-3-97 is justified? If not, to what relief the workman

is entitled?"

2. After receiving reference, notices were issued to

the parties. Ist Party workman filed Statement of claim at

Page 4/4 to 4/4. The case of Ist Party workman is that he

was appointed on the post of phone mechanic since

February 1991. He was asked to do various other works

allotted to him. He was continuously working till 20.4.1997.

He performed his service satisfactorily without adverse

communication. His services were terminated from 1.3.1997

without issuing written order of termination. That

termination of his services is illegal and arbitrary. His

services were terminated without assigning reasons.

Workman claims that he was continuously working for more

than 6 years. He has completed 240 days service during

each of the year. His services are terminated without

assigning reasons. He was denied regularization in service

as he claimed equal wages for equal work. That termination

of his services is in violation of Section 25-F, G, H of I.D.

Act. On such grounds, the workman submits that the list

of daily wage employees working at the time of termination

of his service was not displayed. As such his services are

terminated in violation of Section 25-F, G, H of I.D. Act &

Rules 17 of ID Central Rules 1957. On such ground, he

prays for reinstatement with consequential benefits.

3. IInd Party filed Written Statement at Page 8/1 to

8/4. All material contentions of workman are denied. It is

denied that workman was appointed on post of telephone

mechanic. It is denied that he was continuously working

for 6 years. It is denied that he worked for more than 240

days during every calendar year. Violation of Section 25-F,

H is denied. According to IInd Party, employment of casual

employees was stopped since 1986. Workman was engaged

as per norm. The employment came to end on end of the

day. Workman is not covered under Section 25-F of I.D.

Act. he has not completed 240 days continuous service.

Therefore he is not entitled to protection of I.D. Act. on

such ground, IInd Party prayed for rejection of claim of

workman.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

In Negative

management of District Engineer

(Phones), Guna in terminating

Shri Kailash Chandra Prajapati

S/o Bhagwandas Prajapati

w.e.f. 1-3-97 is justified?

(ii) If not, what relief the

As per final order

workman is entitled to?

REASONS

5. Workman is challenging termination of his service

in violation of Section 25-F of I.D. Act. He claims to be

working as Telephone mechanic from February 1991 and

continuously working till February 1997. That his services

were terminated without order in writing. List of casual

employees in IInd Party was not displayed. Rule 77 was

violated. IInd Party denied above contentions. Workman

filed affidavit of his evidence stating that he was working

as telephone mechanic from February 91 till February 1997.

He has completed 240 days continuous service. His

services were terminated without written order from 1.3.97.

In his cross-examination, he has denied suggestion of IInd

Party that he had not worked for 240 days during any of

the calendar year. In his further cross-examination, workman

says that he has passed 12th standard in 1987. He denied

suggestion that he was working under contract. That written

letter was given to him. It is denied that he was working

any project. Said work was of the department. The working

of Ist Party workman with IInd Party is admitted in Para-2,

4 & 5 of the written statement. It is contention of IInd Party

that workman had not completed 240 days.

6. The management filed affidavit of evidence of

witness Shri Basant Kumar Pateria covering most of its

contentions. The witness of the management in his cross-

examination says during 1992 to 1997, he was posted at

Sagar. He does not know workman. He has no personal

knowledge about workman. That he had not seen record

that workman was engaged on daily wages. That Para-4, 5

of his affidavit are relating to the policy of the department.

In Para-10 of his evidence, the management witness says

from 1992 to 1997 workman was engaged as casual labour

as per exigency. In Para-11 of his cross-examination, he

further says that casual labours are paid as per muster roll.

In muster roll, information is recorded how much wages are

paid and the working days. Such muster rolls are not

available. The witnesses of the management has no personal

knowledge about working of workman. The documents of

muster rolls maintained working, payment made to the

casual labours are not available. Though the witness has

undertaken to produce such record in para-15 of his cross-

examination, no such document is produced. If evidence

of workman is listed on probability, workman himself is

telling about his working days. In para-2 & 5 of the Written

Statement, engagement of workman is admitted by IInd

Party rather as casual employee. In para-10 of his evidence

management witness also admits that workman was

engaged as casual employee. That the payments are made

to casual employees as per muster roll. Management

witness has no personal knowledge about working of the

workman. His affidavit of evidence is based on documents

but the documents are not produced, muster rolls are not

traceable. It is not case of IInd Party that during 1991 to

1997, workman was working at any other place. Therefore

considering the probabilities, the evidence of workman

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

105

deserves to be believed that he had completed 240 days

continuous service during each of the calendar year. The

services of workman are not terminated issuing order in

writing. Section 25-F is not complied, list of casual employee

is not displayed by IInd Party while terminating services of

the workman as Rule 77 of I.D. Act is violated. For above

reasons, I record my finding in Point No.1 in Negative.

7. In view of my finding in Point No.1, question arises

whether the workman is entitled for reinstatement with back

wages. The workman in his cross-examination says his

name was not sponsored through Employment Exchange.

He was not given appointment letter. It shows that the

workman was engaged as casual employee. Reliance is

placed by counsel for IInd Party Shri R.S. Khare in

"Case of Assistant Engineer, Rajasthan Development

Corporation versus Giram Singh reported in 2013(5)

Supreme Court Cases 136. Their Lordship of the Apex

court dealing with Section 25-F, 11-A of I.D. Act

considering wrongful termination of service, their

Lordship held services of a daily wager respondent

who worked for short period of 240 days only,

terminated by appellant employer in 1991 in

contravention of Section 25-F of I.D. Act,

compensation Rs. 50,000 would meet ends of justice."

In present case, facts of present case are little

different. Workman was working from February 1991 to

February 1997 with IInd Party i.e. for almost 6 years. In

case before their Lordship, workman was working for short

period from 1.3.97, 31.10.97. It is clear from reading para-3

of the judgment. Therefore compensation Rs. 50,000

awarded by their Lordship in above cited case cannot be

followed in present case. Considering the length of service

in my considered view, compensation Rs. 1 Lac would be

appropriate. Accordingly I record my finding on Point No. 2.

8. In the result, award is passed as under:—

(1) Action of the management of District Engineer

(Phones), Guna in terminating Shri Kailash Chandra

Prajapati S/o Bhagwandas Prajapati w.e.f. 1.3.97 is

not legal and proper.

(2) IInd Party management is directed to pay

compensation Rs. 1 Lac to Ist Party workman.

Compensation Amount Rs. 1 Lac 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] 23 fnlEcj] 2013

dkñvkñ 58.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ikoj fxzM dkWiksZjs'ku

vkWQ bafM;k 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;] csaxywj ds iapkV ¼lanHkZ la[;k 37@2010½

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 23@12@2013 dks izkIr

gqvk FkkA

[lañ ,y&42012@82@2010&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 58.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 37/2010)

of the Central Government Industrial Tribunal/Labour

Court, Delhi now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Power Grid Corporation of India and their

workman, which was received by the Central Government

on 23/12/13.

[No. L-42012/82/2010-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, DELHI

I.D. NO. 37/10

DATED 25.7.2013

The General Secretary,

Rashtriya General Mazdoor Union,

B-239, Karampura,

New Delhi-110015

Versus

1. M/s Power Grid Corporation of India Pvt. Ltd.,

Qutub Institutional Area, Katwaria Sarai,

New Delhi-110016

2. The CEO,

M/s Everest Enterprises,

Q-60, Sector-12,

Noida (U.P.)-2012301

AWARD

The Central Government, Ministry of Labour vide

Order No. L-42012/82/2012-IR (CM-II) dated 27/10/2010 has

referred the following Industrial Disputes to this Tribunal

for adjudication:—

"Whether the action of the management of

M/s Everest Enterprises, Noida, a Contractor of the

management of Power Grid Corporation, Ltd., New

Delhi in Terminating the services of Shri Sanjay S/o

Shri Vijender Singh and Shri Satpal S/o Shri Bahadur

Singh w.e.f. 21/2/2008 and 25/8/2008 respectively

without Retirement compensation is legal and

justified? If not, what relief the workman are entitled

to and from which date?"

106

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

2. The Statement of Claim has not been filed by

workman up till now.

3. He remained absent inspite of personal service of

notice through registered post Under these circumstance,

there is no way to pass a No dispute award in this case.

Accordingly a No Dispute Award is passed in

this case and reference I.D. No. 37/2010 Sent by the

Central Government vide No. L-42012/87-IR (CM)-II

dated 27/10/2010 stands disposed off accordingly, parties

will bear their own costs.

Dated : 25-7-2013

HARBANSH KUMAR SAXENA, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 59.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ifj;kstuk]

funs'kd] Hkkjrh; ijek.kq mtkZ fuxe ds izca/kra= ds lac) fu;kstdks

vkSj muds deZdkjks ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] csaxywj ds

iapkV ¼lanHkZ la[;k 61@2000½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 23@12@2013 dks izkIr gqvk FkkA

[lañ ,y&42012@64@2000&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 59.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 61/2000)

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 the Project Director, Nuclear Power

Corporation of India, Kaiga and their workman, which was

received by the Central Government on 23/12/13.

[No. L-42012/64/2000-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL CUM-LABOUR COURT,

BANGALORE

DATED: 15th April, 2013

PRESENT : SHRI S.N. NAVALGUND, Presiding Officer

C.R. No. 61/2000

I Party

II Party

Sh. Hanumantha N Vaddar,

The Project Director,

R/o Mavinkatta,

Nuclear Power Corporation

Kundargi Post,

of India Limited, Kaiga

Vellapur- 581 402.

Project, Kaiga - 581 400.

APPEARANCES:

I Party :

Sh. D Leelakrishnan, Advocate

II Party :

Sh. Ramesh Upadhayay, Advocate

AWARD

1. The Central Government by exercising the

powers conferred by Clause (d) of Sub-section (1)

of Sub-section 2A of the Section 10 of the Industrial

Disputes, Act, 1947 has referred this dispute vide Order

No. L-42012/64/2000-ID (DU) dated 31.08.2000 for

adjudication on the following schedule:

SCHEDULE

''Whether the action of the management of Nuclear

Power Corporation of India Ltd., Kaiga Project, in

terminating the services of Sh. Hanumanthappa

Nagappa Vaddar, Helper during his probation period

without conducting any enquiry and without giving

a chance to defend himself is justified? If not, to

what relief the said workman is entitled?''

2. On receipt of the reference registering it in

CR 61/2000 when notices were issued to both the sides

they entered their appearances through their respective

advocates and filed the claim statement of the I Party on

21.06.2001. My learned predecessor after affording several

opportunities to file the counter statement when same was

not availed posted the matter for I party evidence and after

affording several opportunities to the I party to lead

evidence when the same was not availed by Award dated

30.09.2004, he dismissed the reference for non-prosecution.

When the I Party workman aggrieved by the said Award of

dismissal when approached the Hon'ble High Court of

Karnataka in W P No. 26434/2005 (L-Res) the Hon'ble High

Court by order dated 16.08.2007 set aside the said Award

with a direction to provide one more opportunity of hearing

to both the sides and remitted back the matter. After the

order of the Hon'ble High Court they entered their

appearances through same advocates whom had engaged

earlier and counsel for II Party filed the counter statement

on 04.08.2010.

3. The I Party in his claim statement asserts that he

who belongs to Scheduled Caste and was being sponsored

by the Employment Exchange to the Post of Helper A in the

II Party was selected by the duly constituted selection

committee and appointed as Helper A in the scale of pay

750-12-870-FB-14-970 through appointment order dated

20.08.1992 and pursuant to that Order he reported to duty

on 07.10.1992 and successfully under whet the period of

probation for one year. It is further asserted when things

stood thus the II Party management passed an order dated

16.11.1993 terminating his services and that at no point of

time such termination order was communicated to him and

that his probation was not at all extended as such the order

of termination passed against him is grossly unjust,

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

107

arbitrary, malafide and cannot be sustained. He further

asserted that on account of servere chest pain he admitted

to the Government Hospital, Sirsi on 24.06.1993 and

undergone treatment till 31.08.1993 and that he who was

provided with Residential Quarters PF- 4 situated at Kaiga

Site was unlawfully removed from Services though the II

Party management was aware that he was suffering from

Heart ailment and that he was not permitted to report to

duty after availing the medical treatment and as his several

representations to the II Party management seeking its

permission to continue him in service went in vain he raised

Industrial Dispute before the RLC (C), Mangalore and due

to the adament attitude of the management since

conciliation failed the Central Government made this

reference for adjudication. He also asserted he having

completed 240 days of service in each calendar year the

order of termination passed against him being against

Section 25(f), 25(g), 25 (n) is tentamount to illegal

retrenchement and liable to be set aside. With these

assertions he prayed to direct the management to reinstate

him into service with full back wages, continuity of service,

seniority, promotion etc. Interalia, the II Party in its counter

statement without disputing that I Party was offered an

appointment as Helper A through an order of appointment

No. KP/4(14)/92/Rectt/4377 dated 20.08.1992 and pursuant

to the same he jointed duty on 07.10.1992 forenoon,

contended that he who was on probation for a period of

one year from the date of appointment remained absent

from duty from 07.01.1993 to 09.01.1993, 10.01.1993 to

18.01.1993, 26.05.1993 to 29.05.1993, 30.05.1993 to 10.06.1993,

26.06.1993 to 31.07.1993 and from 10.08.1993 to 16.11.1993

and that the Administration had sent a telegram on

04.09.1993 informing him to rejoin the duties and there after

as he did not respond a Registered Notice was sent to him

dated 23/24.09.1993 calling upon him to join duty latest by

23.10.1993 failing which appropriate action will be taken

and as he did not respond to that also his performance was

found not satisfactory he came to be discharged from

services w.e.f. 16.11.1993 for unsatisfactory probation

period. Thus the II Party has substantiated its action in

discharging him from service for unsatisfactory probation

period.

4. After completion of the pleading when the matter

was posted for evidence of II Party the learned advocate

appearing for the II Party while examining Sh. Uma

Maheshwar, Sr. Manager (HR) as MW 1 got exhibited the

copy of the appointment letter issued to the I party dated

20.08.1992; Original telegram of the I Party dated 23.07.1993

seeking extension of leave; office copy of closure of

probation; office copy of extension of probation dated

30.10.1993; Office copy of the Order terminating the I Party

Services dated 16.11.1993 as Ex M-1 to Ex M-5. Interalia,

the I Party while filing his affidavit reiterating the averments

of the claim statement examining himself on oath got

exhibited the Photostat copy of the medical certificate

pertaining to him issued by the Government Hospital, Sirsi

dated 30.07.1993 as Ex W-1.

5. With the above pleading, evidence and documents

brought on record when the learned advocates appearing

for both the sides were called upon to address arguments

both of them filed their written arguments.

6. There being no dispute the I Party was being

appointed as Helper A in the II Party on 20.08.1992 with a

probation period of one year and he reported to duty on

07.10.1992 the only point for consideration is as the order

of discharge is made on 16.11.1993 can it be said that he

was continued in service after completion of the probation

period and thereby it has to be presumed that his service

was confirmed without extension of the probation period

as urged by his learned advocate. The I Party has not

disputed the contention of the II Party that during the

probation period he remained absent from duty on different

speells i.e. 07.01.1993 to 09.01.1993, 10.01.1993 to 18.01.1993,

26.05.1993 to 29.05.1993, 30.05.1993 to 10.06.1993, 26.06.1993

to 31.07.1993 and from 10.08.1993 to 16.11.1993 and it is

also supported by his own telegram dated 23.07.1993

seeking extension of leave upto 31.07.1993 and the probation

closure report which are marked as Ex M-2 and Ex M-3

respectively. It is also proved by the II Party producing the

copy of Extension of Probation for a period of six months

dated 30.10.1993/Ex M-4. Thus, it is since indicated from

the evidence that during the probation period itself he

developed a habit of remaining absent without applying

for leave and even now he could not justify his such

frequent absence from duty except producing a Medical

Certificate obtained from Medical Officer, Public General

Hospital, Sirsi as Ex W-1. This medical certificate is also

being interpolated with dates, in the absence of examining

the doctor issuing the certificate it cannot be believed that

he was hospitalized or under treatment at the said hospital.

This certificate indicates being issued on 30.07.1993

certifying that he was ill and unfit for duty and required

rest and treatment from 24.06.1993 to 31.08.1993 as he was

suffering from Lipoma Chest Wall. He dosn't certify that I

Party workman was hospitalized during that period or earlier

to it. Even presuming that the date of issue is 30.09.1993

wherein it is certified that he was founde fit to resume

duties from 31.08.1993, there being no evidence he having

approached the II Party with a request to permit him to join

the duty either on 31.08.1993 or on its following day. Thus

the habitual remaining absent from duty even without

applying for leave and not explaining properly for his

absence the management taking a decision to discharge

him during the extended probation period as provided

under the appointment letter itself without holding any

enquiry is just and proper. In the result, I pass the following

Order:

108

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

ORDER

The reference is rejected holding that the action of

the management of Nuclear Power Corporation of India

Limited, Kaiga Project in terminating the services of

Sh. Hanumanthappa Nagappa Vaddar, Helper during his

probation period without conducting any enquiry and

without giving a chance to defend himself and that he is

not entitle for any relief.

(Dictated to UDC, transcribed by him, corrected

and signed by me on 15th April, 2013)

S.N. NAVALGUND, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 60.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17ds vuqlj.k esa dsUnzh; ljdkj lapkj ftyk izca/

kd 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 ,oa Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k

lhthvkbZVh/,ylh/vkj/7/2003½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 23@12@2013 dks izkIr gqvk FkkA

[lañ ,y&40012@131@2002&vkbZ vkj ¼Mh ;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 60.—In pursuance of Section 17 of the

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

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

LC/R/7/2003) of the Central Government Industrial Tribunal/

Labour Court, Jabalpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of Telecom District Manager and their

workman, which was received by the Central Government

on 23/12/13.

[No. L-40012/131/2002-IR(DU)]

P.K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/7/2003

SHRI R.B. PATLE, Presiding Officer

Shri Ganga Ram Patel,

S/o Shri Nathu Patel,

Residence at Nag Toria,

Near New Police Station,

Khurai, Sagar (MP)

...Workman

Versus

Telecome District Manager,

Sagar 9 (MP)

...Management

AWARD

(Passed on this 19th day of September, 2013

1. As per letter dated 6-8/1/2003 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-40012/

131/2002-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Telecom

District Manager, Sagar (MP) Deptt. of Telecom now

converted into Telecom District Manager, Sagar (MP)

Bharat Sanchar Nigam Limited in terminating the

services of Shri Ganga Ram Patel S/o Shri Nathu Patel

w.e.f. 15-3-90 and not regularizing as regular emloyee

is justified? If not, what relief the workman is entitled

to?"

2. After receiving reference, notices were issued to

the parties. Ist Party workman submitted his statement of

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

that he was working as casual labour from July 1980 till

March 1990 with IInd Party No. 3 & 4. His service record

was satisfactory. There was no complaint against him. As

per directions issued by the Hon'ble Apex Court, claim for

regularization of casual employees was framed in 1989

inspite of giving benefit of regularization scheme suddenly

his services were terminated by oral order. Termination

order in writing was not given to him, no notice was

received, retrenchment compensation was not paid. On

above contentions, Ist party workman submits the

termination of his service is illegal. He prays for

reinstatement with consequential benefits.

3. IInd Party filed Written Statement at Page 8/1 to

8/3 opposing the relief prayed by workman. Preliminary

objection is raised that for development of telecom facilities,

ambitious planning was done to increase telecom facilities

opening telephonic message in rural areas, laying cables

and other related works. To complete the project, casual

workers were employed by deptt. at various places in the

State. The casual workers were engaged on daily payment

basis. They were engaged for regular work. There was no

need to keep casual workers after completion of the work.

4. That Ist Party workman was not appointed on any

post of the Telecom Deptt. He was working purely on casual

basis for specific project work. The work was of casual

nature. As per instructions contained in Letter dated

30-8-85 issued in the matter of casual labours on completion

of work, casual labours were required to be retrenched.

That workman had worked for 180 days in 1985, 13 days in

1986, he do not worked in 1987, he worked for 343 days in

1988, 351 days in 1989 and 24 days in 1990. That the

workman is not fulfilling conditions the conditions as per

letter dated 25-6-93 for getting temporary status. That as

per the Regularisation Scheme of 1989, it is required that

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

109

employees should have been engaged prior to 30-3-85

continued as casual workers on 7-11-89. He has completed

240 days in a year. That Ist Party workman was not engaged

prior to 30-3-85. The policy was further extended to casual

workers till 25-6-93 on condition that the employee engaged

between 31-3-85 to 22-6-88. That employee not remained

absent for 265 days. It is reiterated that the workman has

not completed 240 days in any calendar year during March

1985 to 22-6-88. He did not continued till 25-6-93. There is

gap of more than 365 days. Other contentions of workman

about violation of Section 25-F, G & H of I.D. Act are denied.

IInd Party submits that the action of the management is

legal and claim of workman be rejected.

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 Telecom District Manager,

Sagar (MP) Deptt. of Telecom now

converted into Telecom District Manager,

Sagar (MP) Bharat Sanchar Nigam

Limited in terminating the services of

Shri Ganga Ram Patel S/o Shri Nathu

Patel w.e.f. 15-3-90 and not regularizing

as regular employee is legal?

(ii) If not, what relief the

As per final order

workman is entitled to?’’

REASONS

6. As per the directions of reference, the legality of

termination of services of Ist party workman from 30-3-90

without regularizing his services is referred for adjudication.

The contentions of the workman are denied by the

management. Workman Ganga Ram filed affidavit of his

evidence. He has stated that he was working with IInd

Party No. 3 & 4 from July 1980 till March 1990. He has given

breakup of his working days as 139 days in 1980, 246 days

in 1981, 161 days in 1982, 108 days in 1983, 262 days in

1984, 113 days in 1985, 13 days in 1986, 349 days in 1988,

355 days in 1989 and 66 days in 1990. That his services

were terminated by oral order without assigning duties. He

was not regularized as per scheme for regularization of

casual employees 1989. He was not paid retrenchment

compensation. Workman did not remained present for his

cross-examination. His evidence was closed on 29-9-09.

As the workman had not made available for corss-

examination, his evidence cannot be accepted.

7. Management filed affidavit of its witness Shri

Gohe. Management's witness has stated that as soon as

project was over, services of workman were discontinued.

The workman was engaged for laying down telephone

cable of particular project. The details of project are not

given in the affidavit. That the name of workman was not

sponsored through Employment Exchange as required for

appointment. In his cross-examination, management's

witness says he was working as AGM, Sagar from 2009,

muster register is maintained in the office. He admits that

name of muster was included in the muster, he was paid

wages for working days in muster register. The Written

Statement filed by IInd Party shown that Ist Party workman

had worked for 343 days in 1988, 351 days in 1989, 24 days

in 1990. It is clear from above that the workman had

completed more than 240 days service in 1988 & 89. His

services were terminated without notice, no retrenchment

compensation as paid to him. He was not given benefit for

regularization. The termination of service of workman is

illegal. For above reasons, I record my finding in Point

No. 1 in Negative.

8. Point No. 2- In view of my finding in Point No. 1,

termination of workman is illegal, question arises to what

relief the workman is entitled? Workman was working as

casual employees. He was not selected for regular post

following the proper procedure. His name was not

sponsored through Employment Exchange. Ist Party

workman is out of employment from 1990. He had worked

with IInd Party for more than 5 years. Learned counsel for

IInd Party Shri M.P. Kapoor submits that the work of link

cable is closed. Considering the facts, reasonable

compensation may be allowed. In support of his argument,

learned counsel relies on ratio held in "Case of Sr.

Superintendent Telegraph, Bhopal versus Santosh Kumar

Seal and others. Their Lordship of Apex Court dealing with

question of reinstatement with back wages should not be

granted. In the matter of retrenchment without complying

requirements of Section 25-F of I.D. Act. Their Lordship

held relief by way of reinstatement with back wages not

automatic even if termination of employee is found to be

illegal or in contravention of the prescribed procedure and

monetary compensation in cases of such nature may be

appropriate. Considering facts, workmen were engaged as

daily wagers for about 25 years back and they worked

hardly for 2-3 days, the relief of reinstatement and back

wages to them cannot be said to be justified. The employers

are directed to instead pay monetary compensation of

Rs. 40,000 to each of the workmen in lieu of relief of

reinstatement and back wages."

In present case, workman was terminated in viola-

tion of Section 25-F. he had worked for more than 5 years

with IInd party. In my considered view, compensation Rs. 1

Lakh would be appropriate to meet the ends of justice.

Accordingly I record my finding in Point No. 2.

9. In the result, award is passed as under:—

(1) Action of the management of Telecom District

Manager, Sagar (MP) Deptt. of Telecom now converted

into Telecom District Manager, Sagar (MP) Bharat Sanchar

Nigam Limited in terminating the services of Shri Ganga

Ram Patel S/o Shri Nathu Patel w.e.f. 15-3-90 and not

regularizing as regular employee is not legal.

110

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

(2) IInd party is directed to pay compensation

Rs. 1 Lakh to the workman within 30 days.

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] 23 fnlEcj] 2013

dkñvkñ 61.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj egkuxj VsyhQksu

fuxe 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 2] eqEcbZ ds iapkV ¼lanHkZ la[;k&

2@22&2001½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 23@12@2013

dks izkIr gqvk FkkA

[lañ ,y&40012@479@2000&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 61.—In pursurance of Section 17 of the

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

Government hereby publishes the Award (Ref. 2-22/2001)

of the Cent.Govt.Indus.Tribunal-cum-Labour Court No. 2,

Mumbai as shown in the Annexure, in the industrial dispute

between the management of Mahanagar Telephone Nigam

Ltd. Mumbai and their workmen, received by the Central

Government on 23/12/2013.

[No. L-40012/479/2000-IR(DU)]

P.K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT: K.B. Katake, Presiding Officer

REFERENCE NO. CGIT-2/22 OF 2001

EMPLOYERS IN RELATION TO THE

MANAGEMENT OF MAHANAGAR TELEPHONE

NIGAM LTD.

The General Manager

Mahanagar Telephone Nigam Ltd.

Advani Chambers Canteen

Advani Chambers

Mumbai-400 036

AND

THEIR WORKMEN.

The General Secretary

Bombay Telephone Canteen Employees'

Association

C/o. Prabhadevi Telephone Exchange Canteen

1st floor, Dadar (W)

Mumbai-400 028

APPEARANCES:

For the Employer

: Mr. V.S. Masurkar, Advocate

For the Workmen

: Mr. M.B. Anchan, Advocate.

Mumbai dated the 18th June, 2013.

AWARD

The Government of India, Ministry of Labour &

Employment by its Order No. L-40012/479/2000-IR (DU),

dated 22.11.2001 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 General

Manager, MTNL, Mambai in terminating the services

of S/Sh. Ratnaker M. Moraveera and Krishna K.

Mogera is just, legal and proper? If not, to what relief

the workmen are entitled?"

(2) After receipt of the order of reference from

Ministry, notices were served on both the parties. In

response to the notice, second party Union filed their

statement of claim at Ex-11. First party management resisted

the statement of claim of the union by filing their Written

Statement at Ex-12. Issues were framed at Ex-14. The matter

was fixed for evidence of union. Meanwhile Advocate for

the second party union filed application dated 18/06/2013

(Ex-22) requesting to dispose of the reference as the

workmen are not interested in pursuing the matter further.

In the circumstances I think it proper to dispose of the

reference. Thus the order:

ORDER

Reference is dismissed as withdrawn.

No order as to cost.

Date : 18/6/2013

K.B. KATAKE, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 62.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj Hkkjr lapkj

fuxe fyfeVsM] xksvk 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 2] eqEcbZ ds iapkV ¼lanHkZ la[;k

2@36&2006½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

23&12&2013 dks izkIr gqvk FkkA

[la- ,y&40012@3@2006&vkbZvkj ¼Mh;w½]

ih- ds- os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 62.—In pursuance of Section 17 of the

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

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

111

Government hereby publishes the Award (Ref. 2-36/2006)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court No 2,

Mumbai as shown in the Annexure, in the industrial dispute

between the management of M/s. Bharat Sanchar Nigam

Ltd., Goa and their workmen, received by the Central

Government on 23/12/2013.

[No. L-40012/3/2006-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT: K.B. KATAKE, Presiding Officer

REFERENCE NO. CGIT-2/36 of 2006

EMPLOYERS IN RELATION TO THE MANAGEMENT

OF M/S. BHARAT SANCHAR NIGAM LTD.

The General Manager

Bharat Sanchar Nigam Ltd.

Panaji

Goa-403 001.

And

Their Workman

Smt. Mogra Vegus

Bambolim,

Pirabhat, House No. 129

P.O. Goa University

Bambolim, Goa.

APPEARANCES:

For the Employer

:

Mr. R.A.S. Kharangate,

Advocate.

For the Workman

:

Mr. P.J. Augustine, Advocate.

Mumbai, dated the 10th May, 2013

AWARD

1. The Government of India, Ministry of Labour &

Employment by its Order No. L-40012/3/2006-IR(DU) dated

14/06/2006 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.

Bharat Sanchar Nigam Ltd., Panaji, Goa in terminating

the employment of Smt. Mogra Vegus, Part time

Scavenger w.e.f. 1/10/2001 is legal and justified? If

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

2. After receipt of the reference notices were issued

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

party workman filed her statement of claim at Ex-10.

According to her she was working as a Part time Scavenger

since the year 1991 at Telecommunications & Wireless

Station and Inspection Quarters at Bambolim. Though she

was working for three hours a day, in three different

buildings, she was required to walk from one building to

another to perform her work. The distance is around two to

three kilometers between these buildings and infact she

was required to work more than six hours a day for the

payment of wages only for three hours. She was paid

monthly wages Rs. 1700/. She was doing her job diligently

and honestly and there was no complaint of any nature

with regard to her work. She has worked for more than 10

years in the Department of first party. On 1/10/2001 she

was instructed by SDE (Wireless & Transmission),

Bambolim not to come for the work and assured her that

she would be called afterwards. Next day the workman

gave a representation to General Manager requesting him

to look into her grievance and to continue her with the

inspection quarters as the wireless station was closed and

her duty at Inspection quarter was still subsisting. They

promised her orally to reinstate her. However no action has

been taken. There is circular issued by the management of

BSNL by which at the part time employees were confirmed

as full time employees. However neither she was called for

work nor reinstated. The workman claims that she is illiterate,

poor widow without any work. Two children are dependent

on her. She is in extreme need of work as she could not get

any other employment elsewhere. Therefore she prays that

the action of management of BSCL of terminating her

employment be declared illegal and unjustified. She also

prays for direction to the management of BSNL to reinstate

her with back-wages and all consequential benefits with

retrospective effect and also prays for suitable

compensation from the management for her illegal

termination.

3. The first party resisted the statement of claim vide

its written statement at Ex-13. According to them contents

in the statement of claim are not correct that second party

was working for three hours per day and infact she was

required to work for six hours. No such fixed time was

ordered and she used to be called to perform the work as

and when required for. They denied that second party was

paid salary from Imprest Bill of Assistant Engineer/Sub-

Divisional Engineer (Wireless), Bambolim. The payment

was made for called basis work. They denied all the

contents in the application that she was doing her work

diligently and honestly and there was no complaint of any

nature. They denied that she was shocked and surporised

when all of a sudden she was instructed by SDE, Bambolim

not to come for work and that she will be called afterwards.

According to them they instructed the second party not to

come for work as the Wireless Station at Bambolim was

closed and there was no work. The request of second party

was not considered as there was no vacancy and no work.

112

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

The second party was employed on hourly basis as such

she was not confirmed as per the circular as a full time

worker. Further as Wireless Transmission Station was

closed, there was no work for second party. They denied

that action of first party is illegal or arbitrary. Therefore

they pray that the reference be dismissed with cost.

4. Following are the issues framed by my Ld.

Predecessor at Ex-14. I record my findings thereon for the

reasons to follow:

Sr. No

Issues

Findings

1.

Does the Second Party`establish

Yes

employee-employer relationship?

2.

Does she prove that she was illegally

Yes

terminated?

3.

Is she entitled for relief as prayed for?

As per order

below.

4.

What order

As per order

below

REASONS

Issue No. 1:-

5. In this case, though the first party has denied the

employer-employee relationship at the outset I would like

to point out that, fact is not disputed that the second party

workman was working as a Scavenger. According to the

workman she was working daily for three hours at three

different places which are located at a distance of 2/3 Kms

and she was required to walk from one place to another

and she was required to spend about six hours every day.

The fact is not disputed that the workman was working at

three places as a scavenger. According to the first party

they used to call her as and when there used to be work. In

this respect I would like to point out that, clearning the

premises of office and inspection quarters and taking away

the dirt, garbage etc. may be a part time work. However it is

a daily and permanent work. Cleaning of the premises of

offices and inspection quarters cannot be called

intermediate work. In the circumstances the version of the

firsty party is un acceptable that it was not regular or daily

work and they used to call her as and when there used to

be work. The work of Scavenger to clean the premises and

to take away the dirt and garbage is a daily and regular

work. Therefore I hold that there is substance in the version

of the second party that she was working daily for three

hours for about 10 years i.e. since 1991 onwards. In a way

she was a part time employee of the first party.

6. In this respect it is contended on behalf of the

second party that as per the circular all part time workers

were made regular workers. However no such circular is

pointed out and copy thereof is not produced. Furthermore

the workman herself has admitted in her pleading and cross

as well that the wireless station was closed and there was

no requirement of scavenger. From the fact and

circumstances on record it is revealed that, the second

party was a part time worker working with the first party

for about ten years, I therefore hold that there exists

employee-employer relationship between the second party

with the first party. Accordingly I decide this issue No. 1 in

the affirmative.

Issue No. 2:—

7. As the second party has worked with the first

party for about ten years as a Scavenger, she has worked

more than 240 days continuously in a calendar year. In the

ciricumstances she gets protection under Section 25-F of

the I.D Act. From the facts on record it is revealed that the

first party had discontinued the services of the second

party as their Transmission Station was closed in the year

2001. In the circumstances, the first party was required to

follow the procedure prescribed for retrenchment as

contemplated under Sec 25-F of the I.D.Act. The first party

has neither given notice nor paid the notice amount. They

have also not paid the retrenchment compensation to the

workman. Thus I hold that the workman was illegally

terminated. Accordingly I decide this issue No. 2 in the

affirmative.

ISSUE NO. 3:-

8. The workman herein has claimed for reinstatement.

In this respect the Ld. adv. for the first party submitted that

the second party cannot be absorbed or regularized in the

service as she was not selected as per the procedure

prescribed for appointment in the service of the first party.

In support of his argument the Ld. adv. resorted to Apex

Court ruling in Secretary, State of Karnataka & Ors. V/s.

Uma Devi and Ors 2006 (1) SC 480 wherein the Hon'ble

Court held that temporary or casual worker though

continued in service for years together could not be entitled

to be absorbed in regular service if the regular appointment

was not made by following due process of selection as

envisaged by the relevant rules. Furthermore it was also

pointed out that the Wireless Transmission Station at

Bambolim was closed for ever and therefore there is no

work. In the circumstances direction of reinstatement

cannot be given to the first party. Instead of that I think it

proper to Award suitable compensation to the workman.

Looking into the present condition and rate of inflation I

think it proper to Award compensation of Rs. 70,000/- to

the second party for unlawful termination or for

retrenchment without following the procedure under Section

25-F of the I.D. Act. Accordingly I decide this issue No. 3

and proceed to pass the following order:

ORDER

The reference is partly allowed with no order as to

cost. The first party is directed to pay retrenchment

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

113

compensation of Rs. 70,000 to the second party worknan.

Date: 1/5/2013

K. B. KATAKE, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 63.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eq[; egkfuns'kd]

lapkj ds izac/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 ,oa Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k

lh-th-vkbZ-Vh-@,ylh@vkj/29@96½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 23@12@2013 dks izkIr gqvk FkkA

[lañ ,y&40012@20@94&vkbZ vkj ¼Mh ;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 63.—In pursuance of Section 17 of the

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

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

LC/R/29/96) of the Central Government Industrial Tribunal/

Labour Court, Jabalpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of Chief General Manager, Telecom and

their workman, which was received by the Central

Government on 23/12/13.

[No. L-40012/20/94-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSUTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/29/96

Presiding Officer : SHRI R.B. PATLE

Shri Vinayak,

S/o Shri Sadashivrao Iraskar,

R/o Hanumanji Ward,

Balak Mandir,

Pandhurna,

Distt. Chhindwara

...Workman

Versus

Chief General Manager,

Telecom (RE) Project,

66, Bajaj Nagar,

Nagpur

...Management

AWARD

(Passed on this 24th day of September 2013)

1. As per letter dated 20-1-96 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-40012/

20/94-IR (DU). The dispute under reference relates to:

"Whether the action of the Chief General Manager,

Telecom (RE) Project 66, Bajaj Nagar, Nagpur in

stopping Shri Vinayak Iraskar S/o Sadashiv Rao

casual labour from his duty w.e.f. 18-6-88 is justified?

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

2. After receiving reference, notices were issued to

the parties. Statement of claim is filed on behalf of workman

at Page 10/1 to 10/2 does not bear signature of workman or

his counsel. Ist party submits that he was working for more

than 240 days prior to his termination. He is covered as

workman under Section 25 B of I.D. Act. His services were

terminated without notice, retrenchment compensation was

not paid to him. On above ground, he prays for his

reinstatement.

3. IInd party filed Written Statement at Page 11/1 to

11/2. The claim of Ist party is denied. It is submitted that

workman engaged as casual mazdoor or as per need and

exigency. He has not completed 240days continuous

service. Workman is not covered under I.D. Act. He was

not retrenched by the management. IInd party prays for

rejection of claim of workman.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the Chief General In Affirmative

Manager, Telecom General Manager,

Telecom (RE) Project, 66, Bajaj Nagar,

Nagpur in stopping Shri Vinayak Iraskar

S/o Sadashiv Rao casual labour from

this duty w.e.f. 18-6-88 is legal?

(ii) If not, what relief the workman is

Relief prayed

entitled to?"

by workman

is rejected.

REASONS

5. Though the workman is challenging termination

of his service, the statement of claim is not been signed by

him or his counsel. It appears that copy of statement of

claim is on record and original may have been received by

IInd party. The endorsement acknowledging copy is

appearing on statement of claim. The workman has not

participated in the reference proceeding. He has not

adduced evidence. Management filed affidavit of witness

Deepak Singh Thakur consistent with pleadings in Written

Statement. Workman has not completed 240 days

continuous service remained unchallenged. I donot find

reasons to discard evidence of management's witness.

Therefore I record my finding in Point No. 1 I Affirmative.

114

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

6. In the result, AWARD is passed as under:—

(1) Action of the Chief General Manager, Telecom (RE)

Project, 66, Bajaj Nagar, Nagpur in stopping Shri

Vinayak Iraskar S/o Sadashiv Rao casual labour from

his duty w.e.f. 18-6-88 is legal.

(2) Relief prayed by workman is rejected.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 64.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ofj"B v/kh{kd]

Mkd?kj ds izca/kr= ds lac) fu;kstdksa vkSj muds deZdkjks ds chp

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

vf/kdj.k ,oa Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k lh-

th-vkbZ-Vh-@,ylh@vkj/23/93) dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 23@12@2013 dks izkIr gqvk FkkA

[lañ ,y&40012@21@92&vkbZvkj¼Mh ;w½]

ihñdsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 64.—In pursuance of Section 17 of the

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

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

LC/R/23/93) of the Central Government Industrial Tribunal/

Labour Court, Jabalpur now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of Senior Suptd. of Post Office and their

workman, which was received by the Central Government

on 23/12/13.

[No. L-40012/21/92-IR(DU)]

P.K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/23/93

SHRI R. B. PATLE, Presiding Officer

Shri Ram Kumar Pal,

Gram Bhatagaon,

Near Hotel,

P.O Mathpurne,

Via R.S.O, Distt. Raipur

...Workman

Versus

Senior Suptd. Of Post Office,

Raipur division,

Raipur (Chhattisgarh)

...Management

AWARD

(Passed on this 26th day of September 2013)

1. As per letter dated 18-1-93 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-40012/

21/92-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Sr. Suptd.

Of Post Office, Raipur Division Raipur (MP) in

terminating the services of Shri Ram Kumar Pal Mail

Van Driver w.e.f. 28-2-90 is justified? If not, to what

relief he is entitled to ?"

2. After receiving reference, notices were issued to

the parties. Ist party workman filed statement of claim at

Page 2/1 to 2/5. The case of workman is that he was

appointed on post of Mail Van Driver from 1-4-87. Initially

he was employed on daily wages. The rate of daily wage

employee was Rs. 21-61 paid to him. At the time of his

termination, he was paid wages Rs. 38.90. That he had

performed duties regularly from 1-4-87 to 28-2-89 sincerely.

On 1-3-1989, when he attended duties, he was served with

order dated 20-2-89 discharging him from service. One peon

Shri R.R. Bhosle was posted as Mail Driver, one regular

driver Maksood Khan was ordered to work in place of Shri

Bhosle. That he was not allowed to join duties after 28-2-

89. That his services were discontinued arbitrarily. It

amounts to retrenchment under Section 2(00) of I.D. Act,

He was not served with any chargesheet. Notice was not

issued for termination. He was not paid retrenchment

compensation, termination of his service is in violation of

Section 25-F of I.D. Act That Maksood Kumar and Bhosle

junior to him are retained as driver. As such Section 25-F of

I.D. Act is violated. On such grounds, he prays for

reinstatement with consequential benefits.

3. IInd party filed Written statement at page 9/1 to

9/2. The claim of workman is denied. IInd party submits

that post of driver is Class D post and the Recruitment

rules are prescribed. The recruitment of Group D employees

are carried out by a Departmental Selection Committee.

The workman was not appointed by such committee.

Workman was employed on casual basis or daily wages

from 25-3-87. He had not completed 240 days service in

preceding year of his termination. Violation of Section 25-F

of I.D. Act is denied. It is contended that the workman did

not completed 240 days continuous working. He is not

workman under Section 25(B) of I.D. Act. On such grounds,

IInd party prays for rejection of claim of workman.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) whether the action of the

In Negative

management of Sr. Suptd. of

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

115

Post Office, Raipur Division

Raipur (MP) in terminating the

services of Shri Ram Kumar Pal

Mail Van Driver w.e.f. 28-2-90

is legal?

(ii) If not, what relief the

As per final order

workman is entitled to?"

REASONS

5. The workman is challenging order of his

termination on the ground that the services were

terminated in violation of Section 25-F of I.D. Act. IInd

party management denied his above contention.

Workman filed affidavit of his evidence. He has state that

he was working as Mail Van Driver from 25.3.87. He was

appointed on daily wages. He was paid wages Rs. 20.61.

His services were terminated. Shri R.R. Bhosle was working

in his place. That he had completed 240 days continuous

service. Any chargesheet was not issued to him. In his

cross-examination, he says that he was driver of Mail

Van. He had worked as such from 87 to 89. He was engaged

on daily wages. He has not received appointment letter.

He received termination letter in writing. He had no

enemity with the authorities. His evidence that he had

completed more than 240 days continuous service is not

challenged in his cross-examination. His evidence in above

point is not shattered. Affidavit of Miluram Sahu is filed.

He also supported evidence of 1st party working as Mail

Van Driver from 1-4.87 to 28.2.89. His services were

discontinued form 1-3-1989. Said witness in his cross-

examination was unable to say how workman Ram Kumar

was appointed. He did not remember whether he signed

on the affidavit prepared by the bank. That he claims

ignorance whether Driver Maksood, R.R.Bhosle are

regularized. Documents Exhibit W-1 to W-4 shows

workman was engaged on daily wages time to time as

driver. Document Exhibit M-2 is application submitted by

workman. The evidence discussed above is sufficient to

prove that workman has completed 240 days continuous

service. His service were terminated without paying notice

pay or paying retrenchment compensation. Section 25-F

of I.D. Act was not followed by management. Therefore I

record my finding in Point No. 1 in Negative.

6. Point No. 2- In view of my finding in Point No. 1,

termination of services of workman is in violation of Section

25-F of I.D. Act, question arises to what relief workman is

entitled? Workman was working for about 2 years as Mail

Van Driver. Considering the length of service put by him as

a daily wage driver, his reinstatement in service would not

be proper. Reasonable compensation would be proper. In

my considered view, compensation Rs. 60,000/- would be

proper. Accordingly I record my finding in Point No. 2.

7. In the result, Award is passed as under:—

(1)Action of the management of Sr. Suptd. of Post

Office, Raipur Division Raipur (MP) in terminating the

services of Shri Ram Kumar Pal Mail Van Driver w.e.f.

28-2-90 is not proper.

(2)IInd party management is directed to pay

compensation Rs. 60,000/- 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] 23 fnlEcj] 2013

dkñvkñ 65.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV cSad 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 ,oa Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k CGIT/

LC/R/60/2007) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

23@12@2013 dks izkIr gqvk FkkA

[lañ ,y&16011@4@2005&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 65.—In pursuance of Section 17 of the

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

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

LC/R/60/2007) of the Central Government Industrial

Tribunal/Labour Court, Jabalpur now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the management of State Bank of Indore and

their workman, which was received by the Central

Government on 23.12.2013.

[No. L-16011/4/2005-IR(DU)]

P.K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/60/07

SHRI R.B. PATLE, Presiding Officer

General Secretary,

All India State Bank of Indore

Employees Congress,

Hardev Niwas, 9, Sanwar Road,

Ujjain (MP)

...Workman/Union

116

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Versus

Regional Manager,

State Bank of Indore,

Zonal Office, MP Nagar,

Bhopal

...Management

AWARD

(Passed on this 27th day of September, 2013)

1. As per letter dated 3-7-07 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-16011/

4/2005-IR(DU). The dispute under reference relates to:

"(i) Whether the demand of the SPM Karamchari

Union for grant of pay scales of Rs. 5000-8000 to

Senior Assistants w.e.f. 1.1.96 is legal and justified?

If so to what relief the workmen are entitled to?

(ii)whether the action of the management of General

Manager, Security paper Mill Hoshangabad in not

granting the ACP Scheme to Group B, C and D

employees on completion of 12 and 24 years is legal

and justified? If not, to what relief these workmen are

entitled to?"

(iii) Whether the demand of SPM Karamachari Union

for filling up of the vacancies to the post of Head

Time Keeper from amongst the senior assistants with

5 years of services and LDC with 7 years of services

is legal and justified? If so, to what relief the workmen

are entitled to?"

2. After receiving reference, notices were issued to

the parties. 1st party Union submitted statement of claim at

Page 5/1 to 5/6. The case of 1st party Union is that it had

submitted charter of demands to the management claiming

pay scale of Rs. 5000-8000 for Sr. Assistants w.e.f. 1.1.96,

benefit of ACP Scheme to Group B, C and D employees on

completion of 12 and 24 years service, for filling up of the

vacancies to the post of Head Time Keeper from amongst

the senior assistants with 5 years of services and LDC with

7 years of service. Above demands were not accepted by

the management. The Union had given strike notice under

Section 22 of I.D. Act opposing to go on strike. After expiry

of 31 days, persuing his demands, the Union has also

submitted other demands which are not referred for

adjudication.

3. Union submits that before implementation of Vth

Pay Commission report, junior Assistant in the

establishment of IInd party was placed in Pay Scale 1350-

2200 and Sr. Assistant were placed in Pay Scale 1400-2300.

When Part-A of Vth Commission Report were implemented,

both junior Assistant and Sr. Assistant were placed in

common revised Pay Scale 4300-7000 w.e.f. 1.1.96. That

General Manager, Security Paper Mill Hoshangabad i.e.

after getting approval order from Ministry of Finance and

economic affairs vide order dated 31.1.02 revising pay of

Sr. Assistant from 4500-7000 to refuse 5000-150-8000 w.e.f.

1.1.96. That said order was kept in abeyance to the detriment

of the members of the Union. The implementation under

part B revised Pay Scale, Asstt. were placed in Pay scale

1400-2300 were placed in Revised Pay Scale 5000-8000. The

Assistants were getting pay scale after implementation of

Part B Pay Scale. That Sr. Assistant who were higher in

rank were not placed in said pay scale. As such the members

of the Union are designated without logical reasons. Ist

party union also submits that as per Central Civil Services,

Revised Scale Para 46.9 of the Vth Commission Report Sr.

Assistant who are members of Union are entitled to revised

pay 5000-8000.

4. IInd party management Written Statement. The

claim of Union is denied that the workman is minority Union.

That management made repeatedly clear that its demands

are neither reasonable or feasible. There was no evasive

reply of management during conciliation proceedings. That

in 1992 after implementation of NPC, the then posts of

LDCs (Pay Scale 950-1500) UDCs (Pay Scale 1200-2040)

were upgraded as Junior Assistant in Pay Scale 1350-2200

and Senior Assistant in Pay Scale 1400-2300. That in Para

66.62 of Vth CPC, the present designations and pay scales

of Junior Assistants and Senior Assistants are based on a

specialized scientific study done by independent agency

therefore it is not desirable to make any change in the

designations. IInd party reiterated that demand of Union

for pay scale of Rs. 5000-8000 for Sr. Asstt. is not rational or

justified. Other Contentions of the Union are denied. IInd

party prays for rejection of the claim.

5. Union submitted rejoinder reiterating its

contentions in Statement of claim filed by them.

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 demands of Union

claiming pay Scale of Rs. 5000-

In Negative

8000 for Sr. Assistants w.e.f.

1-1-96, benefit of ACP Scheme

to Group B, C & D employees

on completion of 12 and 24

years service, for filling up of

the vacancies to the post

of Head Time Keeper from

amongst the senior assistants

with 5 years of services and

LDC with 7 years of service

is legal?

(ii) If not, what relief the

Refief prayed by Union is

workman is entitiled to?"

rejected.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

117

REASONS

7. Though the Union submitted statement of claim

justifying his demand under reference., The Union failed

to participate in the reference proceeding. Union failed to

adduce any evidence to substantiate his demands under

reference. On the other hand; management filed affidavit

of its witness Shri K.N. Mahapatra covering contentions

in Written Statement filed by the management.

Management's witness was cross-examined. In his cross-

examination, management's witness says the department

had correspondence with the finance deptt. He was unable

to tell on what basis the pay scale was denied by the

Finance Deptt. that after the order dated 20-4-06 passed by

CAT, the order of 2002 was cancalled. The copy of the

order passed by CAT bench Jabalpur in Original Application

No. 707/06 is produced Exhibit M-1.

In Para-9 of the judgement, Hon'ble members of the

CAT observed the pesrual of above would establish that

erstwhile post held by the applicant has been upgraded

only in the year 1992 and Vth CPC in its recommendations

specifically observed that present designations and pay

scales of Junior Assistants and Senior Assistants in

Security Paper Mill are based on specialized scientific study

done by independent agency and therefore it did not require

any change either in pay scale or in designations

The Copy of order dated 20-4-06 is produced

withdrawing order dated 31-1-2002. Union has not adduced

evidence to substantiat that demands under reference.

Therefore I record my finding on Point No. 1 in Negative.

8. In the result, Award is passed as under:—

1 Demand of Union claiming pay scale of 5000-8000

for Sr. Assistants w.e.f. 1-1-96, benefit of ACP Scheme

to Group B, C & D employees on completion of 12

and 24 years service, for filling up of the vacancies

to the post of Head Time Keeper from amongst the

senior assistants with 5 years of services and LDC

with 7 years of service are not justified.

(2) Relief prayed by Union is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 66.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chñ ,lñ ,uñ

,yñ tcyiqj 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] tcyiqj ds iapkV ¼184@1991½ dks izdkf'kr djrh gS

tks dsUnzh; ljdkj dks 23@12@2013 dks izkIr gqvk FkkA

[lañ ,y&40012@55@1991&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 66.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.184/1991)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure in the Industrial Dispute

between the management of BSNL Jabalpur and their

workmen, received by the Central Government on

23/12/2013.

[No. L-40012/55/1991-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/184/91

SHRI R.B. PATLE, Presiding Officer

Shri Mukesh Kumar,

S/o Late Shri Basar,

Prem Sagar, Sahu Mohalla,

Bai ka Bgicha,

Jabalpur.

...Workman

Versus

The District Engineer,

BSNL,

Wright Town,

Jabalpur.

...Management

AWARD

(Passed on this 18th day of September, 2013)

1. As per letter dated 11-10-91 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-40012/

55/91-IR(DU). The dispute under reference relates to:

"Whether the action of the management of District

Engineer, Telecommunication, Jabalpur in terminating

the services of Shri Mukesh Kumar, S/o Late Shri

Budha, Ex-Labour w.e.f. Dec-89 is justified? If not, to

what relief is the workman entitiled?"

2. After receiving reference, notices were issued to

the parties. Workman submitted statement of claim at page

2/1 to 2/3. The case of Ist party workman is that he was

working as labour with IInd party No. 2. He was provided

job on compassionate ground in April 1986 due to disability/

paralysis by his father. That after completion of one year

service, he submitted application to IInd party No. 2 on

28.4.87, 16-6-89 requesting for status of regular employee.

He should be taken on muster roll, That the Ist party

workman had gained status of quasi permanent employee.

He had requested many times for regularization in service/

118

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

regular employee but IInd part No. 2 instead of regualizing

his services, prevented him from doing his job and as such

terminated his service in December 1989. He was terminated

without reasons, without giving notice. That he had

challenged order of his wrongful termination filing appeal.

The appeal was not considered. Notice was issued through

Advocate on 5-7-1990 to the IInd party. No action was

taken in spite of his notice. His service were terminated

without giving any opportunity. Thereafter he filed

application before ALC, Jabalpur on 26-11-90 and the matter

was finally referred by the Government.

3. IInd party filed Written Statement at Page 8/1 to 8/

2. Claim of Ist party workman is totally denied. It is submitted

that the workman has completed 240 days continuous

service. He was working as casual labour and not labour

on muster roll. It is denied that workman had acquired quasi

permanent status of employee. It was not continued on

90 days on duty. There was no question of granting

temporary status. IInd party prays for rejection of his claim.

4. Workman filed his rejoinder at Page 9/1 to 9/3. He

has denied contentions of the management and reiterated

his claim submitted in his statement of claim.

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 District Engineer,

Tele-communication, Jabalpur in

terminating the services of

Shri Mukesh Kumar,

S/o Latge Shri Budha, Ex-Labour

w.e.f. Dec-89 is legal/

(ii) If not, what relief the workman

Relief prayed by

Entitled to?"

workman is reject

REASONS

6. Though workman has filed Statement of Claim

challenging termination of his service was without notice,

he has failed to submit evidence to substantiate his claim.

The evidence of workman was closed on 17-12-09.

Management filed affidavit of evidence of witness Deepak

Singh Thakur. The witness of the management as stated

that workman was never engaged on muster roll. He may

have worked on casual basis for 3-4 days. He may not have

been engaged regularly by the management as the workman

was not working on muster roll. He has not acquired status

of regular employee. There is no question of termination of

his service as workman did not worked continuously with

the management. The evidence of management's witness

remained unchallenged. Workman did not participate in

reference proceeding. He failed to adduce evidence to

substantiate his claim. He failed to cross-examine the

witness of the management. I do not find reasons to

disbelieve unchallenged evidence of management.

Workman has not established that he was working

continuously for 240 days preceding the alleged termination

of his service. There is not evidence that the workman is

covered under Section 25-B of I.D. Act, therefore he is not

entitled to relief under provision of Section 25-F of I.D.

Act. For above reasons, termination of workman cannot be

said illegal.

7. In the result, award is passed as under:—

(1) Action of the management of District Engineer,

Telecommunication, Jabalpur in terminating the services

of Shri Mukesh Kumar, S/o Late Shri Budha, Ex-Labour

w.e.f Dec-89 is legal.

(2) Relief claimed by workman is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 67.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

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

VªSfQd] Mh-Vh-vks- fcykliqj 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] tcyiqj ds iapkV ¼lanHkZ la[;k

209@1993½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks

23-12-2013 dks izkIr gqvk FkkA

[lañ ,y&40012@123@1992&vkbZ vkj ¼Mh ;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 67.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No 209/1993)

of the Central Government Industrial Tribunal cum Labour

Court, Jabalpur as shown in the Annexure, in the Industrial

Dispute between the management of Telegraph Traffic,

DTO, Bilaspure their workman, which was received by the

employers in relation to the Central Government on

23.12.2013.

[No. L-40012/123/1992-IR (DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT I

NDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT, JAJBALPUR

NO. CGIT/LC/R/209/93

PRESIDING OFICER: SHRI R.B. PATLE

Shri Ram Kumar Gond,

S/o Shri Sahar Singh Gond,

Gram/Poste Hardikalatona,

Distt. Bislapur (MP)

…Workman

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

119

Versus

The Asstt. Suptd.,

Telegraph Traffic,

D.T.O.

PO & Disttt. Bilaspur

…Management

AWARD

Passed on this 22nd day of October, 2013

1. As per letter dated 30-9-93 by the Government of

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

ceived. The reference is made to this Tribunal under Sec-

tion-10 of I.D. Act, 1947 as per Notification No. L-40012/

123/92-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Asstt.

Suptd. Telegraph Traffic, DTO Bilaspure in retrenching Shri

Ram Kumar Gond, S/o Shri Sahar Singh Gond w.e.f. 7-8-90

is legal and justified/ If not, what relief the workman con-

cerned is entitled to?"

2. After receiving reference, notices were issued to

the parties. Ist party workman filed his statement of claim

at Page 2/1 to 2/2/. Case of Ist party workman is that he was

working as labour in IInd party Head Post Office from

9-6-85. That he was working with devotion. His services

were terminated from 7-8-90 without notice in violation of -

the provision of I.D. Act. That he was receiving wages Rs.

1100/- at the time of termination of his services. On such

grounds, Ist party prays for reinstatement with consequen-

tial benefits.

3. IInd party filed Written Statement at Page 8/1 to

8/3. Case of IInd party is that Ist party workman had filed

false fabricated case. He was working as casual labour.

Workman was paid daily wages for the working days. It is

denied that the workman was working as Messenger. The

particulars of working days of workman are given 20 days

in 1985, 304 days in 1986, 322 days in 1987, 322 days in

1988, 247 days in 1989, 249 days in 1990 and 149 days in

1991. The violation of the provisions of I.D. Act is denied.

That workman was engaged as casual labour. It is not

possible to regularize his services. As the engagement of

casual labours was prohibited, the services of workman

were discontinued. That in conciliation proceedings, there

settlement could not be arrived between the parties despite

they were in agreement that one month's notice pay could

be paid as per Section 25-F of I.D. Act on such grounds,

IInd party prays for rejection of claim.

4. Workman filed rejoinder at Page 9/1 to 9/4

reiterating its contentions that he was working with

devotion for more than 5 years and his services are

terminated without notice.

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 Asstt. Suptd.

Telegraph Traffic, DTO Bilaspur

in retrenching Shri Ram Kumar

Gond, S/o Shri Sahar Singh Gond

w.e.f. 7-8-90 is legal?

(ii)

If not, what relief the workman

As per final

is entitled to?"

orders.

REASONS

6. The workman is challenging termination of his

services from 7-8-90 alleging that his services are terminated

without notice in violation of provisions of I.D. Act. The

IInd party contends that workman was engaged as casual

labour and as employment of casual labour was prohibited

in the department, his services are discontinued. That last

wages paid to the workman was Rs. 1005/- per month. The

workman has filed affidavit of his evidence covering most

of his contentions in statement of claim. That his services

were terminated without notice. From 29-5-85 to 7-8-90, he

was continuously working without break, he had completed

240 days continuous service during each of the year.

However the workman did not present himself for cross-

examination by the adversant party. As normal rule, his

evidence cannot be considered in support of his claim.

However IInd party in para-2 of the Written Statement has

shown details of the working days of workman from 1986

to 1990 more than 240 days. In para-6(b) IInd party has also

referred to some consent between parties during

conciliation proceedings without notice pay under Section

25-F has been paid.

7. IInd party has not adduced evidence despite given

to him. From written statement filed by IInd party, it is clear

that during 1986 to 1990,workman was working for more

than 240 days. Despite the workman had not made available

for cross-examination in view of demand in Written

Statement, the claim of workmen is substantiated in view

of workman was continuously working from 1985 to 1990

for 6 years. The pleadings in Written Statement are silent

about payment of retrenchment compensation to workman.

The workman is entitled to retrenchment compensation

equal to 15 days wages for completed service for each of

the year. Thus Ist party workman is entitled to retrenchment

compensation equal to 90 days wages. IInd party has not

issued notice for termination of services of the workman.

Therefore workman is entitled to wages for one month and

retrenchment compensation for 90 days wages. From the

pleadings of the IInd party itself shows that provisions of

Section 25-F were not complied therefore I record my finding

on Point No. 1 in Negative.

120

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

8. In the result, Award is passed as under:—

(1)

Action of the management of Asstt. Suptd.

Telegraph Traffic, DTO Bilaspur in retrenching

Shri Ram Kumar Gond, S/o Shri Sahar Singh

Gond w.e.f. 7-8-90 is not legal.

(2)

IInd party management is directed to pay one

months notice pay Rs. 1005/- and 90 days

wages i.e. 3 months pay towards retrenchment

compensation Rs. 3015/-.

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] 23 fnlEcj] 2013

dkñvkñ 68.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj xouZesaV vksfi;e

,aM vYdkykW;M QSDVªh ds izca/kra= ds lac) fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsanzh;

ljdkj vkS|ksfxd vf/kdj.k] tcyiqj ds iapkV ¼lanHkZ la[;k

215@1998½ dks izdkf'kr djrh gS] tks dsanzh; ljdkj dks

23-12-2013 dks izkIr gqvk FkkA

[lañ ,y&42012@52@1998&vkbZvkj ¼Mhñ;wñ½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 68.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 215/1998)

of the Cent. Govt.Indus.Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the Industrial Dispute

between the management of Government Opium & Alkaloid

Factory and their workmen, received by the Central

Government on 23/12/2013.

[No. L-42012/52/1998-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/215/98

SHRI R.B. PATLE : Presiding Officer

Shri Rishi Kumar Pathak,

S/o Rudra Prasad Pathak,

95, Hudco Colony,

Distt. Mandsour,

Neemuch

.......Workman

Versus

General Manager,

Govt. Opium & Alkaloid Factory,

Neemuch, Distt. Mandsour

Neemuch

......Management

AWARD

(Passed on this 18th day of November 2013)

1. As per letter dated 10-9-98 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-42012/

52/98/IR(DU). The dispute under reference relates to:

"Whether the action of the management of General

Manager, Govt. Opium & Alkaloid factory in

terminating the services of Shri Rishi Kumar Pathak

w.e.f. 29-5-95 is legal and justified? If not to what

relief the workman is entitled for?"

2. After receiving reference, notices were issued to

the parties. Workman filed Statement of claim at Page 2/1 to

2/7. The case of Ist party workman is that he was appointed

with Non-applicant on 2-8-1972. He was continuously

working. Chargesheet was served on him on 10-2-95.

Workman submits that the allegations were false and

frivolous. The provisions of standing order are applicable

to the employees of IInd party. Services are also covered

by CCS CCA Rules 1965. He claims to be workman under

I.D. Act. He had submitted application for leave from 22-8-

94 to 27-8-94. Applications were forwarded to the Section

Incharge. He was not communicated about sanction of

leave. He had proceeded for some Union activities as a

member of a delegation to New Delhi. He was Vice President

of the Registered Union. He had complained against General

Manager about favoritism, irregularities, any recruitment.

Irregularities in fixing the productivity targets. Misuse in

name of nationalization in the flat etc. the General Manager

took it personally and developed personal enmity against

him.

3. That he was absent from duty. It was matter of

chargesheet dated 19-2-95. His absence from 22-8-94 to

27-8-94 was regularized. Said period cannot be subject

matter of disciplinary proceedings. That he had submitted

various applications during his services for grant of EL.

When he asked for record pertaining to leave in the enquiry,

it was not produced. The witnesses is not allowed to be

cross-examined. The workman has alleged that enquiry was

not properly conducted. He was not given opportunity for

his defence. As such principles of natural justice were not

followed. The punishment of dismissal is highly

disproportionate. Enquiry Officer was biased. The

punishment is violative of Article 14, 311 of I.D. Act. On

such ground, he prays for reinstatement with full back

wages.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

121

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

7/4. IInd party submits that workman was appointed on

1-3-75 as technical Grade-II and not on 2-8-72 claimed by

the workman. His services were terminated on 2-2-1981. He

was reinstated as per Award by this Tribunal dated

19-9-84. That the workman was served with chargesheet

relating to unauthorized absence for the period 22-8-98 to

27-8-98. IInd charge was about indescent behaviour with

Administrative Officer Shri Gheesalal Nainwaya on 3-2-95.

The chargesheet was issued for contravention of Rule 3(1)

(ii) and (iii) of CCS Conduct Rule 1964. Workmen contented

that CCS Rules are not applicable. The standing orders

governs the services of the employees. That the enquiry

was conducted. Workman had submitted that General

Manager himself was Enquiry Officer. The defence

witnesses were scared. The charges framed against him

doesnot amount to misconduct etc. It is reiterated that the

enquiry was conducted following principles of natural

justice. Workman remained absent on different pretext

including illness. The Defence Witnesses had appeared.

Their statements were recorded in absence of the workman.

The witnesses of the department have given voluntary

statements. The punishment of dismissal was imposed,

was confirmed in the appeal. IInd party prays for

confirmation of the order of dismissal.

5. The enquiry conducted against workman is found

vitiated by my predecessor vide order dated 3-7-2012 for

want of pleadings. IInd party was not permitted to prove

misconduct. The parties were give opportunity to adduce

evidence on other issues.

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,

Govt. Opium & Alkaloid factory

in terminating the services of

Shri Rishi Kumar Pathak w.e.f.

29-5-95 is legal?

(ii) If not, what relief the

As per final

workman is entitled to?'

order

REASONS

7. As stated above, the enquiry conducted against

Ist party workman is found vitiated by my predecessor

as per order dated 3-7-2012. Management was not

permitted to prove misconduct of workman in Court.

The enquiry is vitiated. The finding of Enquiry Officer

about misconduct alleged against workman cannot be

said legal. The evidence in Enquiry Proceedings cannot

be considered for proof of the alleged misconduct. The

order dated 3-7-2012 vitiating enquiry against workman

is not challenged before Supreme Court. The said order

has received finality. The findings of Enquiry Officer

cannot be accepted. Secondly the order of dismissal of

service of workman cannot be said legal. In view of the

enquiry itself is held illegal, there is not point in recording

eveidence in such issues. Order of punishment is illegal

as enquiry against workman is found vitiated. Therefore

the order of dismissal from service of workman needs to

be set-aside. The parties have not adduced any evidence

whether the workman is working somewhere as order of

dismissal is illegal, the workman deserves to be

reinstatement. There is no question of denial of back

wages to him. For above reasons, I record my finding in

Point No. 1 in Negative.

8. In the result, Award is passed as under:—

(1)

Action of the management of General Manager,

Govt. Opium & Alkaloid factory in terminating

the service of Shri Rishi Kumar Pathak w.e.f.

29-5-95 is not legal and proper.

(2)

IInd party is directed to reinstate workman with

full back wages and continuity of service.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 69.—vkS|ksfxd fookn vf/kfu;e] 1947

¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj flD;qfjVh

isij fey] gks'kaxkckn ds izca/kra= ds lac) fu;kstdksa vkSj muds

deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fofon esa dsanzh;

ljdkj vkS|ksfxd vf/kdj.k] tcyiqj ds iapkV ¼lanHkZ la[;k

222@1993½ dks izdkf'kr djrh gS] tks dsanzh; ljdkj dks 23&12&2013

dks izkIr gqvk FkkA

[lañ ,y&16011@1@1991&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 69.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 222/

1993) of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Security Paper Mill,

Hoshangabad and their workmen, received by the Central

Government on 23/12/2013.

[No.L-16011/1/1991-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/222/93

Presiding Officer: Shri R.B. PATLE

122

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

The General Secretary,

SPM Employees Union,

Hoshangabad

The President,

SPM Staff Union,

Hoshangabad

The General Secretary,

SPM Karmchari Union,

Hoshangabad

Working President,

Pratibhuti Kaguj Karkhana

Mazdoor Sangh,

Hoshangabad

...Workman/Union

Versus

The General Manager,

Security Paper Mill,

Hoshangabad

...Management

AWARD

(Passed on this 18th day of November, 2013)

1. As per letter dated 20-10-93 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-16011/

1/91-IR(DU). The dispute under reference relates to:

"Whether the demand of the workers of SPM

Hoshangabad to work for 44 hours in a week like the

workers working in other presses of Ministry of

Finance is justified? If yes, what relief the workman

concerned are entitled to?"

2. After receiving reference, notices were issued to

the parties. Ist party Union submitted Statement of claim at

Page 2/1 to 2/5. The case of Ist party Union is that the

Ministry of Defence, Deptt. of Economic Affairs has

established Security Paper Mill, Hoshangabad, Security

press Nasik, Bank Note Press, Dewas, Govt. of India, Mint

Bombay, Calcutta, Hyderabad and Noida. That except SPM

Hoshangabad, the working hours of all the presses are 44

hours and Mind is 37/12 hours, Back in 1968, various

workers in SPM Hoshangabad had represented to

management and the Govt. of India that working hours of

Security Paper Mills should also be 44 hours. The

management as well as Government assured the case will

be sympathetically considered and necessary orders will

be passed. That on repeated representations by Union

similar assurance were given that there will be no hostile

discrimination as far as the workers are concerned, they

will be treated in similar way. That as their demand in that

regard were not materizlized by Government, the Unions

placed the matter for conciliation under I.D.Act. however

reference could not be made because of repeated assurance

given by the department. That in all other establishments,

working hourse are 37 1/2 hours, 44 hours. It is only in

SPM that the working hours are shown as 48 hours a week.

There is no justification for different working hours in one

establishment having less working hours in other

establishment. On such ground, the Union are praying that

the workers in SPM are entitled to 44 hours working from

1968 onwards for extra work, they are entitled to overtime

at double the rate if not 1 1/2 rate for 4 hours.

3. Management filed Written Statement at Page 8/1

to 8/2. IInd party submits that the reference is based on

demand initiated by Union in 1991 therefore Tribunal is

precluded from deciding the matter right from 1968. Thus

prayer contained in Statement of Claim is beyond limitation.

The IInd party denies that no assurance were given for

reducing working hours at any time. That there are security

printing press at Hyderabad and Currency Note Press at

Nasik Road under administrative control of the Ministry of

Finance, Department of Economic Affairs. As paper making

is a continuous process, the mill is required to function

round the clock all the 7 days in the week except the gazette

holidays, the duration of each shift being 8 hours per day

and 48 hours a week. The working hours of Mill have been

the same from the inception of the Mill. It is further

submitted that all other industrial units under the

administrative control of the Ministry of Finance work for

44 hours or less per week as per the process requirement of

these units. On such ground, IInd party submits that the

demand of Union may not be accepted.

4. The reference was decided by my predecessor on

10-1-2006 that the demand of Union for reducing working

hours to 44 hours a week was allowed. The Award was

made applicable from 1968. Said Award was challenged by

the management of IInd party filing Writ Petition No. 5388/

2006. The writ petition is decided on 26-3-2008, the matter

is remanded for limited ground for giving reasons to justify

the year 1968 to make the Award operative.

5. Considering the pleadings and directions in Writ

petition by Hon'ble High Court, 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)

From what date effect should

Effect of the

be given to the Award dated.

Award be

10-1-2006 passed by this

given from

Tribunal?

date of reference

i.e. 20-10-93.

REASONS

6. As discussed above, considering the pleadings

and evidence adduced by parties, my predecessor has

passed Award on 10-1-2006 reducing the working hours

to 44 per week. The Award is made effective from 1968.

Hon'ble High Court has remanded the matter. In para-6 of

the judgement, his Lordship observed under cirumstances,

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

123

the Tribunal since has not given the reasons for fixing the

date of making Award effective in terms of Section 17-A

therefore it will be appropriate to remand the matter to the

Tribunal. After the remand, it shall only be limited for giving

the reasons to justify whether the AWARD shall become

effective from 1968 which is already fixed by the Tribunal.

The learned counsel for Union Shri Shashi pointed out

that there was settlement with one Union dated 6-1-95. All

Union are parties to the reference were not signatory to the

settlement and therefore this settlement is not binding.

The document produced Page 9/1 shows that Shri

Hargovind Yadav, working President and Shri L.L.

Raghuwanshi, General Secretary of the Union were

signatory of the settlement. Clause-I of the settlement

provided that the management and Union had agreed that

normal hours of work for all employees other than those

whose normal hours of work are already 44 hours per week

w.e.f. 15-1-1995. After remand of the matter, affidavit of

Santosh Gour is filed on behalf of the Ist party union. His

affidavit is devoted about repeatedly demand was pursued

by the union time to time. that the working hours 37 1/2

hours and 44 hours are provided except SPM. There are 48

hours a week. The affidavit of witness of Union shows that

the demand was pursued since 1968 by the Union. Union

filed next affidavit of witness Shri B. D. Chourey. He also

says that the demand of working hours are pursued time to

time. in 1979, Shri R.S. Thakur become General Secretary.

He was taking up case along with office bearer for reducing

working hours to 44 hours. Shri R.S. Thakur in his evidence

on affidavit has stated that demand was pursued by the

Union at different levels since 1968. That he was elected as

General Secretary in 1979. He was repeatedly representing

the matter before the General Manager Shri S.R. Pathak

and Shri P.C. Panth. He had met the ministers Shri Dalbir

Singh, Magan Bhai Barot, Manmohan Singh, Secretaries

and officers of the Ministry. That he would obtain letters

from SPM office on 25-4-89, 30-4-90, 6-7-90, 18-2-90 &

9-3-90, copies of letters are produced.

7. Management filed affidavit of evidence Shri K.L.

Mahapatra. The witness of the management has stated

that the Award was passed on 10-1-06 holding that the

demand of workers is justified therefore working hours of

employees of SPM be reduced to 44 hours from the time of

demand taken up by the Union in 1968. The witness also

narrated that the Award is set-aside by Hon'ble High Court

for giving reasons to about the date of giving effect to the

Award from 1968. In his cross-examination, witness of the

management says that he had not participated in agreement

between Union and management. He was unable to tell

rule prescribed 48 working hours in a week. The copy of

judgement in original application 94/98 is produced. The

claim in petition before CAT was challenging increase of

working hours from 37 1/2 to 44 hours was rejected. Said

judgment has not bearing to controversay between the

parties. As per directions while remanding the matter only

reason for giving effect from 1968 are to be given.

8. Though the matter was pursued by Union at

different times, the demand was not pursued filing

appropriate proceeding. The legal position about the date

of giving effect to the Award under Section 17-A is clear

that normal effect should be given to the Award from date

of reference. As in present cast, though the effect was

given from 1968 as per Award dated 10-1-2006, I do not find

reason to support the same.

"In view of I.D. Act by Shri K.P. Chakravorty, the

commentary of I.D. Act Page 282, under Section

17-A, an Award shall come into operation with effect

from such date as may be specified therein but where

no such date is so specified, it shall come into

operation on the date when no such date is so

specified, it shall come into operation on the date

when the Award becomes enforceable. Under Sub

Section (4) of this section, there is a discretion in the

Tribunal to order for enforcement of its Award. In

relation to the fixation of the date from which the

Award should operate no general principles can be

laid down. The date from which the Award is to be

made effective is in the discretion of the Tribunal.

Ordinarily it should be made effective from the date

of reference."

Therefore the Award dated 10-1-2006 passed by my

predecessor be given effect from date of reference i.e.

20-10-93. Accordingly I record my finding in Point No. 1.

9. In the result, Award is passed as under :—

(1)

Award dated 10-1-2006 be given effect from

date of reference i.e. 20-10-1993.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 23 fnlEcj] 2013

dkñvkñ 70.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj VsfydkWe izkstsDV

bZLV] tcyiqj 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] tcyiqj ds iapkV ¼lanHkZ la[;k 186@2000½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 23&12&2013 dks izkIr gqvk FkkA

[lañ ,y&40012@356@2000&vkbZ vkj ¼Mh;w½]

ih- ds- os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 23rd December, 2013

S.O. 70.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 186/

2000) of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Telecom Project East, Jabalpur

and their workmen, received by the Central Government on

23/12/2013.

[No. L-40012/356/2000-IR(DU)]

P. K. VENUGOPAL, Section Officer

124

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/186/2000

Presiding Officer: SHRI R.B. PATLE

Shri Naveen Kumar Sharma,

S/o Shri Umesh Chandra Sharma,

123/2, New Tutline, GCF Estate,

Jabalpur .

...Workman

Versus

Director,

Telecom Project East,

MP Area, 36/14,

HIG, Katanga Colony Cantt.,

Jabalpur

...Management

AWARD

(Passed on this 22nd day of October, 2013)

1. As per letter dated 31-10-2000 by the Government

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

received. The reference is made to this Tribunal under

Section10 of I.D. Act, 1947 as per Notification No. L-40012/

356/2000/IR(DU). The dispute under reference relates to:

"Whether the action of the management of Director,

Telecom Project East, MP Area, Jabalpur Divisional

Engineer Telecom Optical Fibres, Cable Project,

Division No. 1, Jabalpur not to regularize the services

of Shri Naveen Kumar Sharma to the post of Driver

and subsequently terminating his service w.e.f.

31-10-96 is legal and justified? If not, to what relief

the workman is entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Page 3/1 to 3/5. Case of workman is that in January 1994,

he was appointed on daily wages as Driver by IInd party.

That he was asked to drive tempo traveler of the Senior

Sub-Divisional Engineer. On Vehicle No. MP-H-1484. That

he was driving said vehicle till 31-9-96 (wrongly written).

That he had worked for more than 240 days in a year as

such attended temporary status. Management has not

passed any order in that regard. His services were orally

discontinued by the Divisional Engineer Shri S.T. Abbas.

He challenged said order filing original application

No. 908/96 before Central Administrative Tribunal. Order

was passed by CAT to decide representation of 1st party

workman by 31-1-97. The Director had deposed his

representation observing that he was appointed purely on

contractual basis not against sanctioned post. The points

raised in his representations were not built with.

3. Workman submits that he had worked for more

than 2 years. His services were discontinued to deprive

him regularization. The officers used to put names of other

persons in logbook. The original application was also

rejected on other ground that he can invoke alternate

remedy for redressal of his grievance. Original application

155/98 was filed in CAT by him was disposed observing

the workman can agitate his grievance before appropriate

forum. After failing conciliation proceeding, the dispute

has been referred. Workman submits that his termination

from service is in violation of Section 25-F of I.D. Act. He

prays for reinstatement with regularization in service.

4. IInd party filed written Statement at page 5/1 to

5/2. IInd party submits that the workman was engaged as

casual driver for sometime by oral order in January 1994.

His services were discontinued as said period was over.

Here was no question for giving order in writing for removal

from service. That original application 908/96 was dismissed

by CAT. That management considered the representation

of the workman as it was found that he was appointed on

contractual basis and not appointed against regular post.

His representation was rejected.

5. Ilnd party further submits that workman was not

regular employee so there was no question of regularization

of his service. Rejection of representation to workman is

legal. Original application 155/98 was rejected by CAT for

lack of jurisdiction. It is further contented that as Ist party

workman was engaged as casual driver, there was no

question of giving notice or paying retrenchment

compensation. On such grounds, IInd party prayed for

rejection of claim of 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

Termination of

management of

Services of Ist

Director, Telecom Project East,

party workman is

MP Area, Jabalpur Divisional

in violation of

Engineer Telecom Optical

Section 25-F of

Fibres, Cable Project,

I.D. Act but the

Division No. 1, Jabalpur not

workman is not

to regularize the services of

entitled for

Shri Naveen Kumar Sharma

regularization.

to the post of Driver and

subsequently terminating his

service w.e.f. 31-10-96 is legal?

(ii)

If not, what relief the

As per final order.

workman is entitled to?

REASONS

7. Ist party workman claiming to be working as Driver

for more than 2 years with IInd party challenges termination

of his services for violation of Section 25-F of I.D. Act. IInd

party contends that workman was engaged as casual

employee orally. He is not entitled to notice or retrenchment

compensation. Workman filed affidavit of his evidence

stating that he was working as Driver with IInd party from

29-1-94 to October 1996. He has completed 240 days

continuous service. In his cross-examination, workman says

he was not called for interview. The post was not advertised.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

125

He was paid wages for all working days. He was working

as casual labour. The documents Exhibit W-1 produced on

record shows that notification was issued by General

Manager, Telecom District Jabalpur for filling vacancies of

two drivers and 3 drivers from casual labours. Notification

was issued on 20-9-95. Document W-2/4 to 2/116 produced

by workman is copy of log book. The name of Driver is not

written in those documents. Vehicle Number is mentioned

as M.P. 20-H-1484 in some copies of log books. The workman

was not subjected to cross-examination. Document Exhibit

W-3 is copy of driving licence admitted by IInd party.

Document Exhibit W-4 is order passed by CAT, Jabalpur

dated 30-12-96. Document 7/7 admitted by IInd party shows

that matter for regularization of services of 1st party

workman was under construction.

8. Management filed affidavit of witness Shri A.P.

Pawar. Management's witness in his cross-examination says

that he had seen the log book and order passed by CAT in

the matter. He is not acquainted with the workman. He

claims ignorance whether the document about appointment

of 1st party was found. That he had not brought any

document from office. He claims ignorance for what period

the workman was engaged and what was the conditions of

his appointment. The copies of log book were referred to

him. Documents are marked Exhibit W-1.

9. The evidence of workman is supported by Exhibit

W-1. He also hold driving licence W-2, notice was not issued

to the workman for terminating his services, he was not

paid retrenchment compensation. Therefore termination of

his services is illegal. For above reasons I record my finding

in Point No. 1 in Negative.

10. Point No. 2— In view of my finding in Point

No. 1, service of workman is terminated in violation of

Section 25-F, question arises as to whether the workman is

entitled for regularization or reinstatement in service. As

per evidence in cross-examination of workman, post was

not advertised, he was not called for interview. The

appointment of workman was not followed by selection

process.

11. On the point of regularization, learned counsel

for workman Shri R.K. Soni relies on ratio held in case of

State of Karnataka and others

versus M.L. Kesari

and others reported in 2010 STPL(LE) 44039 SC.

"In para-7, their Lordship held exception to the

general principles against regularization enunciated in

Umadevi (AIR 2006/SC 1806); if the following conditions

are fulfilled—

(i)

The employee concerned should have worked

for 10 years or more in duly sanctioned post

without the benefit or protection of the interim

order of any court or Tribunal.

(ii)

Appointment of such employee should not be

illegal, even if irregular. Where the

appointments are not made or continued

against sanctioned posts or where the persons

appointed do not possess the prescribed

minimum qualifications, the appointments will

be considered to be illegal."

(iii)

Ist party workman had hardly worked for about

2 1/2 years therefore he is not covered within

above exemption for relief of regularization. Ist

party workman hardly worked about 2 1/2 years

as casual employee. Considering the spam of

service, reinstatement with back wages would

not be appropriate. For termination in violation

of Section 25-F, reasonable compensation

would be justified. On the point of

compensation, learned counsel for Ist party

Shri R.K. Soni relies on ratio held in —

"Case of Bharat Sanchar Nigam Limited versus

Man Singh and others reported in 2011

STPL(LE)45917SC . Their Lordship dealing with

violation of Section 25-F in case of daily wagers held

compensation in lieu of reinstatement, the

respondent workmen were engaged as daily wages

and they had merely worked for more than 240 days.

Relief of reinstatement cannot be said justified.

Instead monetary compensation would meet the

ends of justice. Compensation of Rs. 2 Lakhs was

allowed towards full and final settlement."

In above cited case, workman were working as casual

labours on daily wages during the year 84-85. Their services

were terminated in 1986, no notice of retrenchment

compensation was given to him before terminating

services. After about 5 years, industrial dispute was raised

in 1990. Ratio in several cases were also submitted before

me in other cases.

"Senior Superintendent Telegraph (Traffic) Bhopal

versus Santosh Kumar Seal and others reported in

2010 (6) Supreme Court Cases 773. Their Lordship

dealing with the point of reinstatement with back

wages held relief by way of reinstatement with back

wages not automatic even if termination of employee

is found to be illegal or in contravention of the

prescribed procedure and monetary compensation

in cases of such nature may be appropriate. On facts

as the workmen were engaged as daily wagers about

25 years back and they worked hardly for 2-3 years,

relief of reinstatement and back wages to them cannot

be said to be justified. Monetary compensation of

Rs.40,000 was directed to be paid."

For violation of Section 25-F, compensation was

allowed ranging from Rs. 40,000 to Rs. 75,000. Considering

short spam of service rendered by workman, compensation

Rs. 1 Lakh would be appropriate in the case. Accordingly

I record Point No. 2.

126

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

12. In the result, Award is passed as under:—

(1)

Action of the management of Director, Telecom

Project East, MP Area, Jabalpur Divisional

Engineer Telecom Optical Fibres, Cable Project,

Division No. 1, Jabalpur not to regularize the

services of Shri Naveen Kumar Sharma to the

post of Driver and subsequently terminating

his service w.e.f. 31-10-96 is not legal.

(2)

IInd party management is directed to pay

compensation Rs. 1 Lakh to the workman

Shri Naveen Kumar Sharma.

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] 23 fnlEcj] 2013

dkñvkñ 71.—vkS|ksfxd fookn vfèfu;e] 1947

¼1947 dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lsaVªy

QkeZ e'khujh VªSfuax ,aM VsfLVax bafLVV~;wV] cqnuh 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] tcyiqj ds iapkV

¼lanHkZ la[;k 154/1997) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 23&12&2013 dks izkIr gqvk FkkA

[lañ ,y&42012@55@1996&vkbZ vkj ¼Mhñ ;wañ½]

ihñ dsñ os.kqxksiky] vuqHkkx vfèdkjh

New Delhi, the 23rd December, 2013

S.O. 71.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 154/1997)

of the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure in the Industrial

dispute between the management of Central Farm

Machinery Training and Testing Institute, Budni and their

workman, received by the Central Government on

23-12-2013.

[No. L-42012/55/1996-IR (DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/154/97

Presiding Officer: SHRI R.B. PATLE

Shri Ram Singh,

S/o Surajpal,

Behind Rly station,

Godi Mohalla,

...Workman

Budni, Distt. Sehore (MP)

Versus

The Director,

Central Farm Machinery Training

and Testing Institute, Tractor Nagar,

PO-Budni, Distt. Sehore (MP)

...Management

AWARD

(Passed on this 2nd day of August 2013)

As per letter dated 30-5-97 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-

42012/55/96-IR(UD). The dispute under reference relates

to:

"Whether the action of the management of Central

Farm Machinery Training and Test Institute, Budni

in terminating the services of Shri Ram Singh, S/o

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

the workman is entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party workman filed Statement of claim at

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

was employed by the IInd party on daily wage casual labour

in 1990. Since his initial engagement, he was continuously

working with the IInd party till 1994. That he had worked

for 240 days during each of the calendar year and even

12 months preceding his retrenchment from service.

Though the workman continuous rendered service, he

was not regularized, permanent status was not given to

him with ulterior motive. The management of IInd party

adopted pick and choose policy. That the management

had regularized services of 24 employees out of which

three were over aged namely Shri Gulab, Shivlal and

Narmada Prasad. Their services were regularized. That IInd

party deliberately discontinued his services to

accommodate those workman. Discontinuation of workman

from service is illegal. Provisions of Section 25-F, G & H of

I.D. Act were not complied. On such grounds, workman

prays for reinstatement with consequential benefits.

3. IInd party management even after receiving notice

failed to appear. IInd party was proceeded exparte as per

order dated 15-06-07.

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 Negative.

management of Central Farm

Machinery Training and

Test Institute, Budni in

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

127

terminating the services of

Shri Ram Singh, s/o Surajpal

is legal?

(ii)

If not, what relief the

As per final order.

workman is entitled to?"

REASONS

5. Ist party workman is challenging termination of

services. The workman has filed affidavit of his evidence.

The workman has stated that he was engaged by IInd party

on daily wages in 1990 after holding interview. That he

worked for more than 240 days during each of the year

1990 to 1994. His services were not regularized as per the

Regularisation Scheme for casual labours of Govt. of India.

That other overaged employees Gulab, Shivlal and

Narmada Prasad and junior employees Hiralal, Ashok Kumar

and Suresh were regularized from July 1994. The services

of Ist party workman were illegally terminated. The

evidence of workman remained unchallenged IInd party

has not participated in the reference proceeding. IInd party

is proceeded exparte. Considering unchallenged evidence

of workman, I donot find reason to discard his evidence.

From evidene on record, it is established that the services

of workman are terminated in violation of Section 25-F of

I.D. Act as such illegal. For above reasons, I record my

finding in Point in No. 1 Negative.

6. Point No.2- question arises as to what relief the

workman is entitled? Whether the workman is entitled for

reinstatement with back wages? The unchallenged

evidence of workman shows he is out of employment from

1994 for abour 19 years. Ist party workman was working as

daily wage employee. His reinstatement would not be

justified. Considering the period of his working from 1990

to 1994, in my considered view, compensation Rs. 50,000/-

would he proper. Accordingly I hold and record my finding

on Point No.2.

7. In the result, Award is passed as under:-

(1)

Action of the management of Central Farm

Machinery Trainging and Test Institute, Budni

in terminating the services of Shri Ram Singh,

s/o Surajpal is illegal.

(2)

IInd party is directed to pay compensation

Rs. 50,000 to 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] 23 fnlEcj] 2013

dkñvkñ 72.—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lsVªy QkeZ

e'khujh VªSfuax ,aM VsfLVax bafLVV~;wV] cqnuh 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 tcyiqj ds iapkV

¼lanHkZ la[;k 156/97½dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

23&12&2013 dks izkIr gqvk FkkA

[lañ ,y&42012@57@1996&vkbZ vkj ¼Mh ;w½]

ih- ds- os.kqxksiky] vuqHkkx vfèdkjh

New Delhi, the 23rd December, 2013

S.O. 72.—In pursuance of Section 17 of the

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

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

1997) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure, in the

industrial dispute between the management of Central Farm

Machinery Training and Testing Institute Budni and

their workmen, received by the Central Government on

23-12-2013.

[No. L-42012/57/1996-IR (DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/156/97

PRESIDING OFFICER: SHRI R.B. PATLE

Smt. Savithri Bai,

W/o Late Phoolchand,

Behind Rly. Station,

Godi Mohalla,

Budni, Distt. Sehore (MP)

...Workman

Versus

The Director,

Central Farm Machinery Training

and Testing Institute, Tractor Nagar,

PO Budni, Distt. Sehore (MP)

...Management

AWARD

(Passed on this 2nd day of August, 2013)

As per letter dated 30-5-97 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-42012/

57/96-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Central

Farm Machinery Training and Test Institute, Budni

in terminating the services of Smt. Savithri Bai is

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

is entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party workman filed Statement of claim at

128

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Page 5. The case of Ist party workman is that she was

employed by the IInd party on daily wage casual labour in

1977. Since her initial engagement, he was continuously

working with the IInd party till 1994. That she had worked

for 240 days during each of the calendar year and even

12 months preceding her retrenchment form service.

Though the workman continuous rendered service, she

was not regularized, permanent status was not given to

him with ulterior motive. The management of IInd party

adopted pick and choose policy. That the management

had regularized services of 24 employees out of which three

were over aged namely Shri Gulab, Shivlal and Narmada

Prasad. Their services were regularized. That IInd party

deliberately discontinued his services to accommodate

those workman. Discontinuation of workman from service

is illegal. Provisions of Section 25-F, G & H of I.D. Act were

not complied. On such grounds, workman prays for

reinstatement with consequential benefits.

3. IInd party management even after receiving notice

failed to appear. IInd party was proceeded exparte as per

order dated 15-6-07.

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 Negative.

management of Central Farm

Machinery Training and

Test Institute, Budni in

terminating the services of

Smt. Savithri Bai is legal?

(ii)

If not, what relief the

As per final order.

workman is entitled to?

REASONS

5. Ist party workman is challenging termination of

services. The workman has filed affidavit of his evidence.

The workman has stated that she was engaged by IInd

party on daily wages in 1977 after holding interview. That

she worked for more than 240 days during each of the year

1977 to 1994. Her services were not regularized as per the

Regularisation Scheme for casual labours of Govt. of India.

That other overaged employees Gulab, Shivlal and Narmada

Prasad and junior employees Hiralal, Ashok Kumar and

Suresh were regularized from July 1994. The services of Ist

party workman were illegally terminated. The evidence of

workman remained unchallenged. IInd party has not

participated in the reference proceeding. IInd party is

proceeded exparte. Considering unchallenged evidence of

workman, I donot find reason to discard his evidence. From

evidence on record, it is established that the services of

workman are terminated in violation of Section 25-F of I.D.

Act as such illegal. For above reasons, I record my finding

in Point No. 1 in Negative.

6. Point No. 2 - question arises as to what relief the

workman is entitled? Whether the workman is entitled for

reinstatement with back wages? The unchallenged

evidence of workman shows he is out of employment from

1994 for about 19 years. Ist party workman was working as

daily wage employee. Her reinstatement would not be

justified. Considering the period of his working from 1977

to 1994, in my considered view, compensation Rs. One

Lakh would be proper. Accordingly I hold and record my

finding on Point No. 2.

7. In the result, Award is passed as under:—

(1)

Action of the management of Central Farm

Machinery Training and Test Institute, Budni

in terminating the services of Smt. Savithri Bai

is illegal.

(2)

IInd party is directed to pay compensation

Rs. 1 Lakh to 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] 24 fnlEcj] 2013

dkñvkñ 73.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Vsfydke

¼j-b-½ izkstsDV ukxiqj 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 tcyiqj ds iapkV lanHkZ la[;k

¼171@1996½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 23@12@2013

dks izkIr gqvk FkkA

[lañ ,y&40012@214@1994 & vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 24th December, 2013

S.O. 73.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. (171/1996)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure in the industrial dispute

between the management of Telecom (RE) Project, Nagpur

and their workmen, received by the Central Government on

23/12/2013.

[No. L-40012/214/1994-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/171/96

PRESIDING OFFICER: SHRI R.B. PATLE

Shri Prabhakar,

Shyamraoji Belkhade,

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

129

Gandhi Ward,

Pampurna,

Distt. Chhindwara (MP).

Shri Vishwishwar,

S/o Shri Pandrinath Dhomne,

r/o Gandhi Ward,

Pampurna,

Distt. Chhindwara.

...Workmen

Versus

Chief General Manager,

Telecom (RE) Project,

66, Bajaj Nagar,

Nagar (MS)

...Management

AWARD

(Passed on this 20th day of September, 2013)

1. As per letter dated 30-8-96 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-40012/

214/94-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Chief

General Manager, Telecom (RE) Project, in stopping

S/Shri Prabhakar, S/o Shri Shyamraoji Belkhade and

Vishwishwar S/o Shri Pandrinath Dhomne, casual

labour from their duty is justified? If not, to what

relief the workmen are entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Page 8/1 to 8/2. It is case of Ist party that he was working

as casual mazdoor in Railway. He had continuously worked

for more than 240 days prior to date of his termination. He

is covered as workman under Section 25-B of I.D. Act. His

services were terminated without paying retrenchment

compensation. It amounts to illegal retrenchment. On such

grounds, workman prays for his reinstatement with

consequential benefits. It needs to be noted that Statement

of claim is not bearing signature of workman though its

copy is received by IInd party.

3. IInd party filed Written Statement at Page 10/1 to

10/2. Claim of Ist Party is opposed. IInd party submits that

applicant was never engaged against any post. He was

engaged as per need and exigencies of project of the

department on daily rated basis. He was not continuously

engaged for the work. That stopping service of workman

does not amount to retrenchment as he was not in regular

service of IInd party though it is not necessary to comply

mandatory provisions in relation to retrenchment

compensation. IInd party being model employer paid

Rs. 1609 on 13-11-90 Rs. 536 to the workman as notice pay.

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 Chief General

Manager, Telecom (RE) Project,

in stopping S/Shri Prabhakar,

S/o Shri Shyamraoji Belkhade

and Vishwishwar

S/o Shri Pandrinath Dhomne,

casual labour from their

duty is legal?

(ii)

If not, what relief the

Relief prayed by

workman is entitled to?

workmen are

rejected.

REASONS

5. Though workmen are challenging termination of

their services by IInd party, statement of claim is filed

without their signature, workman failed to adduce evidence

to substantiate their claim. The evidence of workman were

closed on 18-10-2010. Management filed affidavit of its

witness Shri D.S. Thakur covering contentions of IInd party.

The management's witness has stated that workman did

not continuously worked for 240 days. They were engaged

as per exigencies of work. After completion of work, the

services of the employees. The evidence of management's

witness remained unchallenged. The Ist party workman

failed to cross-examine witness of the management. I do

not fine reason to discard evidence of management's

witness. The workman failed to adduce evidence about

illegality of termination of their services therefore I record

my finding on Point No. 1 in Affirmative.

6. In the result, Award is passed as under:—

(1)

Action of the management of Chief General

Manager, Telecom (RE) Project, in stopping

S/Shri Prabhakar, S/o Shri Shyamraoji Belkhade

and Vishwishwar S/o Shri Pandrinath Dhomne,

casual labour from their duty is proper.

(2)

Relief prayed by workmen are rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 24 fnlEcj] 2013

dkñvkñ 74.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lc fMfotuy

vkWfQlj] Vsyhxzk¶l] fNUnokjk 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 lanHkZ

la[;k ¼223@1990½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

23-12-2013 dks izkIr gqvk FkkA

[lañ ,y&40012@36@1990&vkbZvkj ¼Mhñ;wñ½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 24th December, 2013

S.O. 74.—In pursuance of Section 17 of the

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

130

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Government hereby publishes the Award Ref. (223/1990)

of the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the industrial

dispute between the management of Sub Divisional Officer,

Telegraphs, Chhindwara and their workman, received by

the Central Government on 23.12.2013.

[No. L-40012/36/1990-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL -CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/223/90

SHRI R.B. PATLE, Presiding Officer

Shri Man Singh Diwade,

S/o Shri Goi Singh Diwade,

R/o Umaria, Tehsil Multai,

Distt. Betual

.......Workman

Versus

Sub Divisional Officer,

Telegraphs, Chhindwara Division,

Chhindwara

......Management

AWARD

(Passed on this 23rd day of September, 2013)

As per letter dated 20/30.11.90 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-40012/

36/90-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Sub

Divisional Officer (Telegraphs), Chhindwara under

the control of Telecom Distt. Engineer (Chhindwara),

16, Civil Centre, Jabalpur (MP) in stopping from work

to Shri Man Singh Diwade S/o Goi Singh Diwade

w.e.f. 31.3.88 is justified and legal? If not, to what

relief the workman is entitled to?"

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Page 4/1 to 4/3. Case of Ist party workman is that he was

employed through Sub Divisional officer, Chhindwara as

casual mazdoor on 15.11.86 to carry out departmental work

i.e. digging pits, trenches, erecting poles and other work.

That he was regularly working. He was given increment

time to time. He was initially paid wages Rs. 10 per day.

Wages were increased to Rs. 12 per day. He was paid arrears

of Rs. 4505 in August 1988. He worked for more than 240

days from March 87 to Feb. 88 excluding holidays. The

workman further submits that the management stopped

him from work. As per record of management he did not

worked in December 1986, January 1987 though he had

completed 240 days continuous service till February 1988.

Management illegally stopped him from work without

compliance of legal requirements. On such grounds Ist

party prays for his reinstatement with consequential

benefits.

3. IInd party filed Written Statement at Page 7/1 to

7/2. IInd party opposed relief prayed by workman.It is

denied that workman was engaged continuously. It is

submitted that workman was intermittently engaged as

casual employee as per the exigencies. He himself remained

absent. That IInd party is not covered as industry under

Section 2(j) of I.D. Act. On such grounds, IInd party prayed

for rejection of the claim of workman.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i)

Whether the action of the

In Negative

management of Sub Divisional

Officer (Telegraphs), Chhindwara

under the control of Telecom

Distt. Engineer (Chhindwara),

16, Civil Centre, Jabalpur (MP)

in stopping from work to

Shri Man Singh Diwade S/o

Shri Goi Singh Diwade w.e.f.

31.3.88 is legal?

(ii)

If not, what relief the workman

As per final order.

is entitled to?

REASONS

5. Workman is challenging legality of his termination

from service i.e. in violation of Section 25 of I.D. Act. That

he had completed 240 days continuous service.

Management denied above contentions. Workman filed

affidavit of his evidence covering his contentions in

Statement of Claim that he had worked for more than 240

days from March 87 to February 88. In his cross-examination,

evidence of workman that he had completed 240 days during

above period is not challenged. In his cross-examination,

workman says he was engaged on muster roll as casual

labour, his work was to lay new lines. He has complained to

SDO in writing. The copy is not produced on record. From

evidence of workman, it remains unchallenged that he had

completed 240 days continuous service. The evidence of

management's witness Shri G.N. Agarwal, Kishore Kumar

Agarwal in denial of the same. However both of the

witnesses are not made available for cross-examination.

Therefore their evidence cannot be considered. The

services of workman are terminated in violation of Section

25-F of I.D. Act. Therefore I record my finding on Point

No. 1 in Negative.

6. As to point No. 2, in view my finding in Point

No. 1, termination of service of workman is illegal, question

arises as to what relief the workman is entitled to. Learned

counsel for workman Shri Ashok Srivastava relies on ratio

held in case of

"(1)

Executive engineer K.P.C. Bidar and another

versus Zulfegar Ali reported in 2012 LAB, I.C.

1987.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

131

(2)

State Bank of India versus Central Government

Industrial Tribunal-cum-Labour Court and

another reported in 2013-1-MPLJ-380.

I have carefully gone through ratio held in those

cases. The facts of present case are not comparable as

workman had hardly worked for one year with the IInd

party. He was not sponsored through Employment

Exchange. Recruitment process were not followed.

Therefore the workman is out of employment since 1988.

For above reasons, reinstatement of workman with back

wages would not be appropriate. Considering facts of case,

compensation of Rs. 60,000 would be proper. Accordingly

I record my finding in Point No. 2.

7. In the result, Award is passed as under:—

(1)

Action of the management of Sub Divisional

Officer (Telegraphs), Chhindwara under the

control of Telecom Distt. Engineer

(Chhindwara), 16, Civil Centre, Jabalpur (MP)

in stopping from work to Shri Man Singh

Diwade S/o Goi Singh Diwade w.e.f. 31.3.88 is

illegal.

(2)

IInd party management is directed to pay

compensation Rs. 60,000/- 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] 24 fnlEcj] 2013

dkñvkñ 75.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj jsyos 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

y[kuÅ ds iapkV ¼lanHkZ la[;k 92@2003½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 24-12-2013 dks izkIr gqvk FkkA

[lañ ,y&41012@147@2003&vkbZvkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 24th December, 2013

S.O. 75.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 92/2003) of the Central

Government Industrial Tribunal-cum-Labour Court,

Lucknow as shown in the Annexure, in the industrial

dispute between the management of Uttar Railway and

their workman, received by the Central Government on

24.12.2013.

[No. L-41012/147/2003-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL -CUM-LABOUR COURT,

LUCKNOW

PRESENT

DR. MANJU NIGAL, Presiding Officer

I.D. No. 92/2003

Ref. No. L-41012/147/2003-IR(B-I) dated: 12.09.2003

BETWEEN

The Divisional Organization Secretary

Uttar Railway Karmchari Union

C/o Sh. Virendera Kumar

Ticket No. 500, S/o Ram Swaroop

R/o 49, Tilak Nagar

Lucknow-226 001

(Espousing cause of Shri Virendera Kumar)

AND

1.

The Divisional Personnel Officer

Northern Railway, Hazratganj

Lucknow

2.

The Coaching Depot Officer

Northern Railway, Charbagh

Lucknow-226 001

AWARD

1. By order No. L-41012/147/2003-IR(B-1) dated:

12.09.2003 and its subsequent corrigendum dated

23.02.2007, 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 the Divisional Organization

Secretary, Uttar Railway Karmchari Union, C/o Sh. Virendera

Kumar, Ticket No. 500, S/o Shri Ram Swaroop, R/o 49, Tilak

Nagar, Lucknow and the Divisional Personnel Officer,

Northern Railway, Hazratganj, Lucknow & the Coaching

Depot Officer, Northern Railway, Charbagh, Lucknow for

adjudication.

2. The reference under adjudication is:

"Kya Prabandhan, Uttar Railway, Charbagh,

Lucknow Dwara Karmkaar Shri Virendra Kumar putra

Shri Ram Swaroop 'Safaiwala' ko 26.12.1994 se Naukari

se nikaal diya jana nayayochit evam Nayaysangat

hai? Yadi nahi to karmkaar kis anutosh ko pane ka

adhikaari hai?"

3. The case of the workman, Virendra Kumar, in brief,

is that he was appointed as safaiwala on 01.06.1987 and

was transferred from Varanasi to Lucknow where he fell ill

for a week and could not attend his duties in the last week

of February, 1990 for which he was issued a minor penalty

charge sheet and was imposed punishment for stoppage

of one set of pass and three set of PTOs vide order dated

132

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

17.09.90. It is submitted by the workman that he again fell ill

and could not join the duties for 15 days in January, 1993.

It is also submitted by the workman that during his illness

he was under observation of a private medical officer and

on getting fit he reached the office of the opposite party to

report for the duty with medical certificate to his Incharge:

but he was not allowed to join the duties and was informed

that his services were terminated w.e.f. 01-07-1993. It has

been alleged by the workman that the management

terminated his services without following the D&AR inquiry

which was mandatory before terminating the services of a

regular employee; and also that termination of his services

are voilative of the provisions contained in the Section

25 F of the I.D. Act, 1947 as he was a regular employee and

worked continuously for more than six years with the

opposite party. Accordingly, the workman has prayed that

his termination w.e.f. 26.12.1994 be held unjustified and he

be reinstated with full back wages.

4. The management has denied the claim of the

workman by filing its written statement; wherein it has

submitted that the workman had been appointed in railways

on compassionate grounds and became unauthorized

absent w.e.f 19.03.1991 without any information to the

railway; and did not turn up to join the duties in spite of

several letters and notices, which led to issuance of charge

sheet vide dated 03.03.1993 under D&A Rules, 1968. It is

submitted by the management that the workman never

participated in the inquiry conducted by the Inquiry Officer,

though notice were issued from railways administration

from time to time. The management has contended the order

of removal is legal and justified and passed after holding

an inquiry and consideration of inquiry report. Accordingly,

the management has prayed that the claim of the workman

be rejected without any relief to him.

5. The workman has filed rejoinder; wherein he has

specifically stated that he had never been informed of

issuance of major penalty charge sheet or holding of any

inquiry against him or passing of removal order by the

management; however he was orally informed by his

incharge that his services have been terminated.

6. The parties have filed documentary evidence in

support of their respective claim. The workman examined

himself whereas the management has examined the Inquiry

Officer, Shri Raja Nath in support of their stand. The parties

cross-examined the witnesses of each other apart from

forwarding oral arguments, management got its witness

corss-examined; whereas the workman union's witness, the

Divisional Secretary, during the cross-examination was

directed to file the list of witnesses whom he wants to get

examined vide order dated 17.06.2003; but he failed to do

so. The workman' union kept absenting itself since

26.05.2011 and did not bother to forward its argument;

accordingly, keeping in view long pendency of the case

since 2001, heard arguments of the representative of the

management and reserved the file for award.

7. Heard representatives of the management and

scanned entire evidence on record.

8. The authorized representative of the workman has

argued that the management of the Railways did not allow

the workman to join when he recovered from illness and

terminated his services by holding an ex-parte inquiry

against him of which he had not been intimated at all. He

has also argued that the punishment imposed by the

management is harsh and disproportionate to the alleged

misconduct.

9. In rebuttal, the management representative has

contended that the workman did not turn up for long to

join his services accordingly; disciplinary action has been

initiated against him. It is also contended that the workman

did not participate in the inquiry proceeding in spite of

notices were issued from railway administration from time

to time.

10. I have given my thoughtful consideration to the

rival submissions made by the parties.

11. The workman has come up with the case that on

recovery from illness he was not allowed to join the duties;

and was verbally informed about his termination w.e.f.

26.12.1994. It is also the case of the workman that he was

never informed of holding of any inquiry against him as he

was never furnished any charge sheet or any notice to the

effect was ever served upon him. In cross-examination he

stated that he did not respond due to non-receipt of any

notice.

12. Per contra, the management has come up with the

case that the workman remained absent w.e.f. 19.03.1991

without any information accordingly, charge sheet, SF-5

was issued on 03.03.93. It is stated by the Inquiry Officer

that a notice was issued to the workman and also a copy

was pasted on the notice board, to appear before the inquiry;

but the workman did not appear. He also stated that PRO,

Northern Railway, Lucknow was asked to publish notice

through news paper. He also stated that the workman was

appointed on 25.06.87 on compassionate grounds.

13. The schedule of reference, referred to this

Tribunal for adjudication, pertains to validity of the action

of the Northern Railway in terminating the services of the

workman w.e.f. 26.12.1994 and this regard the onus was on

the management to prove that the procedure adopted by it

for inflicting the punishment upon the workman was fair

and just. The management in order to prove the validity of

its action, has come up with the case that the workman had

been issued charge sheet but the neither submitted any

explanation to the charge sheet nor appeared before the

inquiry in spite of the notice. The workman has contended

that he never received any charge sheet or any notice to

participate the proceedings.

It is not the case of the management that the workman

was a casual or temporary worker, instead it is admitted by

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

133

the management that the workman was a regular employee

being appointed on compassionate grounds, therefore, as

per Rules, it was incumbent upon the management to initiate

disciplinary action against the workman before passing

any penalty against him; and also it was expected from the

management that during such an inquiry the workman is

afforded all reasonable opportunity to defend himself as

provided in the principles of natural justice.

14. In present case, the workman had been issued a

major penalty charge sheet for alleged unauthorized

absence. The management has pleaded that the workman

did not turn up in spite of several notices; but could not

corroborate its pleading with cogent evidence as it neither

produced any receiving of the charge sheet by the workman

nor any service upon the workman regarding initiation of

the inquiry or its dates etc. The management witness has

stated that the PRO, Northern Railway was required to

publish the notice in the news paper but in the cross-

examination, he has stated that there is no information in

the file in this regard that the notice was published in the

news paper through PRO or not. Further, in the inquiry

report, paper No. 22/8 it is mentioned as under:

"Uparukt karmchari ko dinank 03.3.93 ko SF-5 jaari

kiya gaya, parantu unke ghar ka pata na to CDO

Offrice main na to mandal karyalaya main uplabdh

ho saka. Atah uparukt karmachaari ko na to SF-5

bheja ja saka na to uski pavati hi prapt ki jaa saki.

Uparukt karmchaari ko DAR inquiry main shamil hone

ke liye pratek soochana pat par notice dinank 17.4.93,

4.5.93 evem 22.5.93 ko laga kar soochit kiya gaya jo ki

kramank 3 se 7 par sanlagn hai. Prantu aaj tak es

karmchari ke bare main CDO office main na to

soochana prapt hui, na to vah swaim upasthit hua.

Notice ki prati PRO/LKO/NR ko bhi is ashya se bheji

ki iska prachar evam prasar, akhbaar ya anya

madhyam se bhi kar liya jae jo ki kramank 4 par sanlagn

hai."

From perusal of above findings of the Inquiry Officer,

it is evident that the notice was posted on the notice board

on 17.4.93, 4.5.93 and 22.5.93 and has also written the PRO

to publish the same in news paper; but the copy of above

notices dated 17.4.93, 4.5.93 and 22.5.93 or letter of to PRO,

NR do not find reference on the file, which weakens the

case of the management.Thus, there is no documentary

evidence on record to support the version of the

management that it made efforts to inform the workman

about the initiation of the inquiry or of the dates of hearing.

15. A careful scrutiny of the charge sheet dated

03.03.93 shows that the Article-1 to the standard form of

charge sheet bears charge for absence from 19.03.91 and

further the Article-2 bears charge for absence from 28.11.88

there is no charge regarding habitual absence. In the instant

case the workman had allegedly been unauthorisedly absent

since 28.1.88 and the inquiry officer has relied on the office

report etc. The management has not filed copy of inquiry

proceedings to substantiate as to whether any witness or

documentary evidence was produced before the inquiry

officer or not. The management also failed to show that it

make best efforts to make effective service upon the

workman. The plea of the management regarding non-

availability of address of the workman does not seem to be

reasonable as the workman was a regular employee and

service book is being maintained in respect of a regular

employee which has all record in respect of the employee

including his permanent and temporary address.

16. In view of discussions made hereinabove, the

inquiry proceedings held by the management deserves to

be vitiated and the impugned order terminating the services

of the workman w.e.f 26.12.1994 is liable to be declared to

be illegal.

17. Hon'ble Apex Court in Chairman-cum-Managing

Director, Coal India Limited and another vs. Mukul Kumar

Choudhuri and others (2010) 2 SCC (L&S) 499 directed for

reinstatement of the delinquent for the proved charges of

unauthorized absence for a period of more than six months,

being the punishment of removal unduly harsh and grossly

in excess to the allegations; but withheld the back wage by

the way of punishment for proved misconduct of

unauthorized absence. The Court observed as under:

"In a case like the present one where the misconduct

of the delinquent was unauthorized absence from

duty for six months but upon being charged of such

misconduct, he fairly admitted his guilt and explained

the reasons for his absence by stating that he did

not have any intention nor desired to disobey the

order of higher authority or violate any of the

Company's rules and regulation but the reason was

purely personal and beyond his control and, as a

matter of fact, he sent his resignation which was not

accepted, the order of removal cannot be held to be

justified, since in our judgment, no reasonable

employer would have imposed extreme punishment

of removal in like circumstances. The punishment is

not only unduly harsh but grossly in excess to the

allegations."

In the instant case the workman had allegedly been

unauthorizedly absent since 28.1.88 till the date of issuance

of the charge sheet which has been denied by the workman.

No evidence of the service of notice upon the employees

has been produced; rather it has come in the evidence that

service of notice could not be affected upon the workman

due to non-availability of address. Under these

circumstances, the version of the Railways that "the

workman did not turn up in spite of several notices" appears

to be totally false and devoid of any substance. The

management failed to prove that the inquiry was not

134

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

ex-parte; and also that the inquiry had been conducted in

accordance with the principles of natural justice.

18. Therefore, under the facts and the circumstances

of the case and considering the law, it comes out that the

punishment, imposed by the management upon the

workman for alleged unauthorized absence, as there is

neither any allegation, in the charge sheet, that the workman

was habitual absentee nor there is any evidence on the

record to the effect that the workman was in habit of

absenting himself as of different occasions. Therefore, in

my opinion, the punishment order is not only unduly harsh

but grossly in excess to the allegations, therefore, the

impugned order of removal dated 26.12.1994 is set aside;

and the management is directed to reinstate the workman,

Virendera Kumar, with all consequential benefits, except

the back wages from the date of removal until reinstatement

by the way of punishment for his unauthorized absence.

19. award as above.

Lucknow,

29th November, 2013

Dr. MANJU NIGAM, Presiding Officer

ubZ fnYyh] 24 fnlEcj] 2013

dkñvkñ 76.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lsaVªy jsyos]

tcyiqj 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] tcyiqj ds iapkV ¼lanHkZ la[;k 147@1993½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 23&12&2013 dks izkIr gqvk FkkA

[lañ ,y&41011@1@1993&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 24th December, 2013

S.O. 76.—In pursurance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 147/

1993) 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, Jabalpur and

their workmen, received by the Central Government on

23/12/2013.

[No. L-41011/1/1993-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/147/93

SHRI R.B. PATLE, Presiding Officer

The Divisional Secretary,

National Railway Mazdoor Union,

Railway Station Building,

Jabalpur

...Workman/Union

Versus

Divisional Railway Manager,

Central Railway,

Jabalpur.

...Management

AWARD

(Passed on this 18th day of November 2013)

1. As per letter dated 29-3-93 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-41011/

1/93-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Central

Railway, Jabalpur in terminating the services of

7 employees named below working in non-statutory

subsidized recognised canteen at New Katni Junction

Diesel Shed instead of regularising their services as

per Supreme Court order dated 27-2-90 w.e.f. 1-4-90 is

justified? If not, what relief the concerned workmen

are entitled to? (1) Shri Karan Jaiswal, (2) Shri

Ayodhya Prasad, (3) Shri Dayaram, (4) Shri Girdhari

Bahadur, (5) Shri Ganesh Rao, (6) Shri Ramjanam &

(7) Shri Argun Kori"

2. After receiving reference, notices were issued to

the parties. Ist party union submitted Statement of Claim at

Page 2/1 to 2/9. Case of Ist party Union is that dispute

concerning the termination of Service of 7 Casual Labours

by the Staff Canteen Management, Diesel Shed, New Katni

Junction is raised by the union. That Karan Jaiswal and 6

others as shown in Annexure A-I were working as Casual

Labour/substitute in the Staff canteen at Diesel Shed, New

Katni Junction. These employees were working on regular

basis without any break from 22-4-1979 onwards and

recovery towards PF etc. were also being made from their

wages by the Canteen Management. That Hon'ble Supreme

Court in its judgment in Case No. 2275-86 of 1982 decided

on 27-2-90 in the matter of M.M.R. Khan and others versus

Union of India and others held that the workers engaged in

statutory candidates and as well as engaged in non-

statutory recognized canteens in the Railway

establishments, are railway employees and they are entitled

to be treated as such. That Railway Board has already

treated the employees of all statutory canteens and 11 Delhi

based non-statutory recognized canteens as Railway

employees w.e.f. 22-10-1980. The employees of other non-

statutory recognized canteens will however be treated as

Railway employees from 1-4-1990. That Ist party workman

were engaged by Managing Committee. They are entitled

to be treated as Railway Servant in accordance with above

judgment. The Board letters dated 18-5-90 also relied for

claiming the benefit.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

135

3. That Railway Board vide its letter dated 18-5-90

directed Railway Administration that consequent upon the

said judgment of the Supreme Court, the Ministry of

Railways have decided that the employees of subsidized

(Recognised) non-statutory canteens should be treated as

railway employees w.e.f. 1-4-90. That Railway Administration

in compliance with the instructions issued by the Railway

Board extended the benefit of permanent employment to

all the employees of non-statutory canteens functioning

on Jabalpur Division except for the above said 7 Casual

Labours whose services were terminated. By Chairman,

Railway Canteen, Diesel Shed, New Katni Junction vide

letter dated 29-6-92. That these employees were in

employment of the canteen management from 24-7-79. They

were taken over by Railway Administration w.e.f. 1-4-90.

That those employees were entitled for regular scale of

pay after completion of 120 days continuous service on

par with other employees. However said benefit was not

extended to them by canteen management. They were paid

wages on daily rate basis.

4. The Ist party workman submits that they are not

given benefit of the judgment by the Supreme Court and

treated as regular employees from 1-4-90. The Railway Board

while issuing instructions to all concerned also not

discriminated between permanent and temporary

employees exist those 7 retrenched employees illegally.

That they were not granted benefit of Provident Fund. Ist

party workman has referred to various judgments, canteen

employees were treated as regular employees of the

Railway. Ist party has pleaded that their services were

terminated in violation of Section 25-F of I.D. Act, no

retrenchment compensation was paid, notice of termination

was not served on them. On such ground, Ist party is

praying for reinstatement of all 7 employees with

consequential benefits.

5. IInd party No. 1 filed Written Statement at Page

3/1 to 3/3. The IInd party denied material contentions of Ist

party Union. IInd party submits that those 7 employees

were not engaged as casual labour by Railway

Administration. The judgment of Hon'ble Apex Court is

not applicable in present case. That the employees may be

employee of the Staff canteen committee but no permission

was obtained from Committee of Railway therefore there is

no question of treating them as casual labour. IInd party

submits that those employees were not granted any

privilege by Railway authorities like passes, leave, payment

of holiday, medical facilities, Uniforms etc. the judgment of

Apex Court relied by Ist party is not applicable.

6. Those employees were not engaged by Railway

Administration. That employees have no right to get any

type of facilities provided by Railway to casual labours on

completion of 120 days services. That those employees

are not entitled to states of regular employees as they were

not engaged by the Railway. The service of those employee

was governed by the terms and conditions applicable to

the employees of Railway Staff Canteen Committee. The

claim of all employees is denied outright. IInd party prays

for rejection of claim.

7. Separate Written Statement is filed by IInd party

No. 3 at Page 4/1 to 4/3. Claim of Ist party is opposed on

identical grounds pleaded by IInd party No. 1, 2.It is further

pleaded that the Railway Staff Canteen is not industry under

section 2(j) of I.D. Act. There are rules for constitution of

the Committee.

8. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

Is Affirmative

management of Central Railway,

Jabalpur in terminating the

services of 7 employees? (1) Shri

Karan Jaiswal, (2) Shri Ayodhya

Prasad, (3) Shri Dayaram, (4) Shri

Girdhari Bahadur, (5) Shri Ganesh

Rao, (6) Shri Ramjanam & (7)

Shri Argun Kori working in non-

statutory subsidized recognised

canteen at New Katni Junction

Diesel Shed instead of regularising

their services as per Supreme

Court order dated 27-2-90 w.e.f.

1-4-90 is justified?

(ii) If not, what relief the workman

Relief prayed by

is entitled to?

workmen are

rejected.

REASONS

9. Ist party Union is challenging termination of

services of 7 casual employee working in non-statutory

subsidized canteen at New Katni Junction. The Ist party

union also alleges that as per judgment by Hon'ble Supreme

Court, those employees should be treated as employees of

the Railway Administration from 1-4-90. IInd party denies

all above contentions. Next it is contended by Union that

services of those employees are terminated by the Canteen

Manager without issuing notice in violation of Section

25-F of I.D. Act. The Canteen Manager is not impleaded as

party to the reference. The affidavit of evidence of Ayodhya

Prasad, Dayaram Singh, Arjun Kori, Girdhari Bahadur,

Ramjanam, & Karan Jaiswal are filed. In their affidavit, those

workmen have stated their date of joining as casual labour

in the canteen from 1-1-1982, 1-10-82, 1-5-86, 1-1-83, 1-4-86,

1-1-82 respectively. That they were continuously working

in the canteen. Their services were terminated without

notice from 21-6-92. They were not paid retrenchment

compensation, they have completed more than 240 days

continuous service every calendar year. Ayodhya Prasad

136

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

in his cross-examination says the canteen was run by

society. Appointment letter was not issued to him. He was

member of the Union. He was paying subscription

Rs. 12/-, receipt was received by him. Copy of judgment is

not produced. The termination order is produced at Exhibit

D-1. In his cross-examination says he was working in

canteen. His services were terminated by Mr. Sharma.

Canteen was run by society. He did not see the documents

of the society. Arjun Kori in his cross-examination also

says he was working in Railway canteen. Appointment

letter was not given to him. The canteen was run by society.

Similar evidence is deposed in their cross-examination by

Girdhari Bahadur, Ramjanam, & Karan Jaiswal. The evidence

of all those employees that they were working in the canteen

run by society is not shattered. Their evidence about

termination of services by canteen Manager from 29-6-92

is also not challenged. As stated above, Canteen Manager

is not impleaded as party.

10. Learned counsel for Ist party Union submitted

copy of judgment in case of M.M.R. Khan and others versus

Union of India reported in AIR-1990-SC-937. Their Lordship

held that employees in statutory and non-statutory

recognized Railway canteens are entitled to be treated as

Railway employees but not employees in non-statutory,

non-recognised canteens. Their Lordship further held the

employees in the statutory canteens of the Railways will

have to be treated as Railway servants. The relationship of

employer and employee stands created between the

Railway Administration and the canteen employees from

the very inception. In Para-30 of the judgment, their

Lordship held the workers of the non-statutory, non-

recognised Railway canteen are not entitled to claim the

status of Railway servants.

11. That Ist party Union has not produced any

document that the canteen run by society was recognized

by Railway Administration. Their Lordship observed the

difference between non-statutory recognized and non-

recognised canteen in that these candidates are not

supported with approval of Railway Board as required

under Para 2831 of Railway Establishment Manual. Though

they are started in the premises belonging to the Railways

they are so started with the permission of the local officers.

They are not required to be managed either as per the

provisions of the Railway Establishment Manual or the

Administrative Instructions. There is no obligation on the

Railway Administration to provide them with any facilities

including the furniture, utensils, electricity and water. These

canteens are further not entitled to nor are they given any

subsidies or loans. They are run by private contractors

and there is no continuity either of the contractors or the

workers engaged by them. Very often than not the workers

go out with the contractors. There is further no obligation

cast even on the local offices to supervise the working of

these canteens. No rule whatsoever are applicable to the

recruitment of the workers and their service conditions.

The canteens are run more or less on adhoc basis, the

Railway Administration having no control on their working

neither is there a record of these canteens or of the

contractors who run them who keep on changing much

less of the workers engaged in these canteens.

12. In view of the above observations, the evidence

of witness Canteen Manager Narendra Kumar Bani needs

to be considered. In his affidavit of evidence, Narendra

Bani says he is working as Manager in the Staff canteen

from 1-7-78. 14 employees were engaged in said canteen as

casual labours. Those casual labours are employed by Staff

Canteen Committee. Those employees are not concerned

with Railway Administration. The employees had admitted

that they were casual labours and continued to work as

such. In his cross-examination, he says that he was

appointed as Canteen Manager by the Managing

Committee of the canteen. The appointment letter was not

brought by him. 14 employees were appointed by the

Managing Committee. He has no power to appoint such

employees. Rather he has power to terminate them. The

Secretary is authorized to terminate the casual employees.

The Committee maintains accounts of canteen, the

accounts are audited. The evidence on record doesnot

show that the canteen was recognized by Railway

Administration at any time therefore those 7 casual

employees are not covered in the above cited judgment.

Railway has not appointed those casual employees nor

terminated their services, the Canteen Manager is not

impleaded as party. To be precise all those 7 employees are

not entitled to benefit of judgment in Case of M.M.R. Khan

and others versus Union of India reported in AIR-1990-SC-

937 as canteen was not recognized by Railway

Administration. 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 Central Railway,

Jabalpur in terminating the services of 7 employees

(1) Shri Karan Jaiswal, (2) Shri Ayodhya Prasad, (3)

Shri Dayaram, (4) Shri Girdhari Bahadur, (5) Shri

Ganesh Rao, (6) Shri Ramjanam & (7) Shri Argun

Kori (working in non-statutory subsidized) recognised

canteen at New Katni Junction Diesel Shed instead

of regularising their services as per Supreme Court

order dated 27-2-90 w.e.f. 1-4-90 is proper.

(2) Relief prayed by workmen are rejected.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 24 fnlEcj] 2013

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[lañ ,y&40011@9@1993&vkbZvkj ¼Mh;w½]

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New Delhi, the 24th December, 2013

S.O. 77.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 6/1995)

of the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the Industrial

Dispute between the management of Chief Post Master

General, Bhopal, and their workmen, received by the Central

Government on 24.12.2013.

[No. L-40011/9/1993-IR (DU)]

P.K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVRNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/6/95

SHRI R.B. PATLE, Presiding Officer

The Circle Secretary,

L1 India RMS Avam Motor Dak Sewa Sangh,

132, Mahatma Gandhi Marg,

Ratlam

...Workman/Union

Versus

The Chief Post Master General,

M.P. Circle,

Bhopal

...Management

AWARD

(Passed on this 23rd day of July 2013)

1. As per letter dated 29.12.94 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-40011/

9/93-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Chief

Post Master General MP Circle Bhopal for not giving

temporary status to the workers Annexed in the list

(50 workers) is justified or not? If not, to what relief

the workmen are entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party Union filed Statement of claim at Page

3/1 to 3/3. The case of Ist party Union is that its members

claiming temporary status with the management. Several

requests made by the Union will get no result. Therefore

they approached for reference of the dispute. That Chief

Post Master General had engaged number of workers in

Railway Mail Services in various places. Most of the

workers are working since 1982. It is submitted that those

employees are entitled to temporary status as they have

completed more than 240 days service during calendar year.

That Director (Staff), Department of Post, Dak Bhawan was

pleased to give temporary status to workers working as

casual labour as on 29.11.89 who continued to be currently

employed and have referred continuous service of atleast

one year. Such casual workers engaged for 8 hours

including 1/2 hours lunch time will be paid at daily rated

basis of the minimum pay scale of Grade D employees.

Such employees are to be paid DA, HRA, CCA with benefit

of increments, leave etc. That it was decided that after

having rendered continuous service, casual labours will

be treated at par with Grade D employees for purpose of PF

Contribution. Said decision was taken by department in

compliance of directions of Hon'ble Supreme Court of India.

The decision of department was circulated to all officers

concerned of the Distt. as per memorandum dated 12.4.91.

The officers working in various branches of RMS started

to engage in the work to the workers for 8 hours but shown

on record as 7 hours. It is also alleged that the workers

were given job for 405 hours rendering the number of

workers idle. The Union submits that the right of workers

is violated showing artificial less hours of the workman.

That the employee at 15 No. have completed 240 days

service and they be accorded temporary status.

3. Written Statement of the IInd party is not seen on

record. My predecessor passed award on 2.6.09 in death of

the management and Union. Said award was challenged by

Ist party union filing Writ Petition No. 1006/2009. The Writ

petition was decided on 20.2.2003. Their Lordship observed

that the Tribunal desires its jurisdiction from terms of

reference and it is necessary to adjudicate the reference

and to answer the reference one way or the other. From

perusal of the award, it is apparent that the tribunal has

failed to adjudicate the dispute referred to it. The award

passed by my predecessor is quashed and directions are

issued to adjudicate the dispute in view of the reference

dated 29.12.1994.

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 Negative

management of Cheif Post Master

General MP Circle Bhopal for not

giving temporary status to the

workers Annexed in the list

(50 workers) is legal?

(ii) If so, to what relief the

19 workers are entitled

workman is entitled to?

to temporary status

as per final order.

138

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

REASONS

5. Ist party union is flaiming temporary status for 50

workers as per decision of the department as per circular

dated 12.4.91. The said circular was issued in pursuance of

the directions by Hon'ble Supreme Court. It is alleged that

after said circular, though the employees were working for

8 hours but their work was shown as 7 hours. The workman

were given job for 4-5 hours rendering the workers idle.

IInd party not filed Written Statement in the matter. The

Union has filed affidavit of several workers. Shri Rajiv

Kumar Sharma filed affidavit of his evidence narrating the

details about the employees were working for 8 hours

including 1/2 hour lunch time. That they are entitled to

temporary status and other benefits of PF, DA, HRA, CCA

and circular dated 12.4.91 was issued. Said witnesses has

also stated that temporary status was given to Shri Basar

Kamal, Rambabu, Subsequently 13 employees were granted

temporary status namely Shri A. Washid Khan, Batanlal,

Mohd. Unis Khan, R.K. Sharma, P. Bhatnagar, Yubraj,

Mahendra Singh, A.K. Gur, C.D. Mehra, Murarilal,

R.K. Soni, Rajkumar and Shri Ranjan Singh. That names of

34 employees who were refused temporary status by IInd

party. The said witness was cross-examined. The witness

has re-affirmed that the workers were required to working 8

hours but working hours are shown as 7 hours. He has

fully submitted his statement in affidavit. His evidence is

not shattered on material aspects. The management filed

affidavit of Shri P.L. Jha. 7 witness of management

emphasized that temporary status was given to the

employees who were working 8 hours per day and

completed 240 days service in a year. The employees who

did not worked as per said norms were not given temporary

status. As per circular dated 12.4.91 in his cross-examination,

management's witness says personally he doesnot know

any of the employees. Attendance was marked in the

registers and not in Kachha register. The temporary status

was granted to employees working for 240 days in an year

till 29.11.89 and working 8 hours in a days. Other workers

were not granted temporary status. The witness of the

management has stated that he had received information

from the Head of Department. Those documents are not

produced on record. The management's witness in his

cross-examination says that Shri Basar Kamal and Rambabu

were granted temporary status. After judgement by CAT,

13 employees were granted temporary status as per

Annexure B, C produced on record. That 15 employees

who were given temporary status, documents can be

produced on record.

6. Affidavit of Union Shri Mahendra Singh is filed

supporting the claim of Union. Said witness in his cross-

examination says that he was granted temporary status.

He was not consent with the relief prayed by Union but he

was supporting the workers who were denied temporary

status. He has referred to the order passed by CAT dated

3.4.97 and temporary status given to 13 employees. The

evidence of this witness has not been cross-examined.

Mohd. Yunus Khan, Wahid Khan filed Identical affidavit

supporting claim of the Union. In W.P.No. 15050/2005,

Hon'ble High Court confirmed judgment and order dated

6.7.04 passed by CAT, Jabalpur in original application No.

599/2002. In para-6 of the judgment, his Lordship has

reproduced para 3 (iii) of Annexure A/3. It provides that if

part time casual labour has served for 480 days in a period

of two years, he will be treated for purpose of recruitment

to have completed one year of service as full time casual

labour. Para-2 of clarificatory letter dated 17.5.89 is also

reproduced at Page 4 of the judgment. Those Casual

labourers who are engaged for a period of 8 hours a day

should be described as full time casual labourers. Those

casual labours who are engaged for a period less than

8 hours a day should be described as part time casual

labourers. All other designations should be discontinued.

The copy of Swamy's Establishment and Administration is

produced on record relating to the part time, full time casual

labours. The management's witness has not produced

documents received by him from Head of Department. No

evidence is produced about working hours of employees.

Therefore I donot find reason to disbelieve evidence of

witness examined by them. During course of argument, it is

made clear that though reference was filed to give temporary

status to 50 employees appointed from 80 to 87 15

employees were already given temporary status, 14 died,

2 employees were also granted temporary status. The claim

in respect of 19 employees needs to be considered i.e. at

Sl. No. 3, 11, 13, 16, 22, 23, 24, 25, 27, 38, 39, 40, 41, 42, 43, 44,

46, 47 & 48. All those employees are working since long

period; those employees are working since long period

1982 to 1987. They are not granted temporary status only

on the ground that they were not working for 8 hours.

However the management has failed to produce the reports

received from Head of Department. Therefore evidence of

witnesses of Union needs to be accepted. Therefore I hold

that those 19 employees worked for 240 days in an year, 8

hours every day. They are entitled for temporary status.

The action of management denying temporary status as

per circular dated 12.4.91 is illegal. For above reasons, I

record my finding on Point No. 1 in Negative.

7. In view of my finding on Point No. 1, the action of

the management is illegal, 19 employees are entitled to

temporary status. Point No. 2 is answered accordingly.

8. In the result, award is passed as under:—

(1) The action of the management of Chief Post Master

General MP Circle Bhopal for not giving temporary

status to the 19 employees is illegal.

(2) IInd party management is directed to accord

temporary status to employees at Sl. No. 3, 11, 13, 16,

22, 23, 24, 25, 27, 38, 39, 40, 41, 42, 43, 44, 46, 47 & 48

in list annexed with reference.

R.B. PATLE, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

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139

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New Delhi, the 24th December, 2013

S.O. 78.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 22/2004)

of the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the Industrial

Dispute between the management of BSNL, Office of the

GMT and their workmen, received by the Central

Government on 24.12.2013.

[No. L-40012/61/2003-IR (DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/22/2004

SHRI R.B. PATLE, Presiding Officer

Shri Jagdish Prasad,

S/o Shri Mohanlal,

R/o Vill. Nishatpura West,

H.No. 29, Nariyal Kheda,

Near Police Chowki,

Bhopal (MP)

...Workman

Versus

The Divisional Engineer (Admn),

BSNL, Office of the GMT,

Bhopal (MP)

...Management

AWARD

(Passed on this 9th day of July 2013)

1. As per letter dated 16-2-2004 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-40012/

61/2003-IR(DU). The dispute under reference relates to:

"Whether the action of the management of Divisional

Engineer (Admn) BSNL, Bhopal in terminating the

services of Shri Jagdish Prasad S/o Shri Mohanlal is

justified? If not to what relief the workman is entitled

for?"

2. After receiving reference, notices were issued to

the parties. Ist party workman filed statement of claim at

Page 6/1 to 6/5. It is case of Ist party workman that his

services are terminated by IInd party in violation of Section

25-F of I.D. Act. He was initially appointed on 1-6-88 and

he continued to work satisfactorily till 1999. He had worked

for more than 240 days during each of the year. Without

issuing any notice or holding enquiry, his services are

terminated. Principles of Ist come last go was not followed,

other junior employees are continued in service. His

services are illegally terminated. he has submitted duty

chart of employees. He is discriminated by the IInd party.

He has lost his earning source after termination of his

services. He prays for his reinstatement with back wages.

3. IInd party filed Written Statement at Page 11/1 to

11/2. It is submitted that workman was never appointed by

management of IInd party. The workman has not worked

from 1-6-88 to 1999 as claimed by him. It is denied that

services of workman are terminated in violation of Section

25-F. As workman was never appointed by management,

provisions of said section are not attracted. It is submitted

that appointments in establishment of IInd party is governed

by rules. That services of Shri Ramsharan Malviya,

Smt. Rama Devi Sharma, Smt. Sushila Devi, Smt. Usha

Pancholi were regularized as they fulfilled conditions as

per the scheme framed by management. The allegation of

workman are baseless. The document relied by workman

was not verified or certified by the officer of the

management. That as per ratio held in different cases by

Apex court temporary employees are not entitled for

regularization. IInd party prayed for rejection of claim prayed

by workman.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i)

Whether the action of the

In Negative

management of Divisional

Engineer (Admn) BSNL, Bhopal in

terminating the services of Shri

Jagdish Prasad S/o Shri Mohanlal

is legal?

(ii) If so, to what relief the workman

As per final order.

is entitled to?

REASONS

5. Workman filed affidavit of evidence covering most

of the facts in his statement of claim. That he had completed

240 days during each of the calendar year. he was working

from 1988 to 1999. He was not paid retrenchment

compensation, no notice was issued to him. His junior

140

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

employees were regularized. Shri Ramsharan Malviya,

Smt. Rama Devi Sharma, Smt. Sushila Devi, Smt. Usha

Pancholi's services were regularized. He has also stated

that he was paid wages in the name of Raju before

termination of his services. In his cross-examination,

workman says that he had not seen public duties for the

post he was working. He had not received such notice. He

doesnot know which kind of notice were published before

regularizing service of the junior employees. He has not

submitted application for appointment. His oral interview

was taken, appointment letter was not issued. His first

appointment was as MDF Selling incharge. He was

appointed on 1-1-88. He had worked in MDF for 6-7 years.

He worked for 240 days during each of the calendar year.

His evidence about working 240 days in each of calendar

year is confirmed in cross-examination. The evidence of

workman on above point is not shattered. Management's

witness A.K. Balpande tried to support the defence of

management of IInd party that as per record available with

BSNL, workman was not engaged by the management. The

claim of workman for regularization is baseless. In his cross-

examination, witness of the management says in Bhopal,

he was working from 1987 to 1992. He had not seen workman

working at Bhopal. While management's witness was

working at Bhopal, he had seen Vinod Kumar, Anupam

Shrivastava working in the office. That he had not seen

ecord of casual employees since 1988 since record is not

maintained. The order dated 15-12-2001 was issued by the

office. The document Exhibit W-1 shows that workman

was appointed as Maali from 1-6-88. Document Exhibit W-

2 is his application submitted by workman shows that he

was working on establishment of IInd party from 1-6-86 to

1990. He prayed for regularization of his service. Document

Exhibit W-3 shows that since employees were regularized

as per said order, namely Shri Ramsharan Malviya, Smt.

Rama Devi Sharma, Smt. Sushila Devi, Smt. Usha Pancholi.

Evidence of workman is corroborated.

6. Workman had submitted application for

regularization of his service but it was not considered. The

reply was given to his application. The management's

witness has no knowledge about working of the workman.

He had not seen the relevant record. Therefore the action

of management terminating services of workman

Jagdish Prasad, S/o Shri Mohanlal is illegal. Accodingly I

record my finding on Point No. 1 in Negative.

7. Point No. 2—In view of finding on Point No. 1 that

the services of workman are illegally terminated without

compliance of Section 25-F of I.D. Act, his application for

regularization was not considered, junior employees are

regularized, question is what relief the workman is entitled.

Workman is not regular employee, his services are illegally

terminated violating Section 25-F of I.D. Act, Reinstatement

with back wages is not appropriate. Reasonable

compensation Rs. 75,000 will be appropriate considering

the circumstances of the case. In addition to above, IInd

party shall pay one month's notice pay, retrenchment

compensation for 150 days for 10 years service. For above

reasons, I record my finding on Point No. 2 accordingly.

8. In the result, award is passed as under:—

(1) The action of the management of Divisional Engineer

(Admn) BSNL, Bhopal in terminating the services of

Shri Jagdish Prasad S/o Shri Mohanlal is legal.

(2) Management is directed to pay compensation

Rs. 75,000 to the workman. In addition to above, IInd

party shall pay one month's notice pay, retrenchment

compensation for 150 days for 10 years service.

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] 24 fnlEcj] 2013

dkñvkñ 79.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ikykou xzkeh.k

cSad 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]

psUubZ ds iapkV ¼lanHkZ la[;k 59@2011½ dks izdkf'kr djrh gS tks

dsUnzh; ljdkj dks 24@12@2013 dks izkIr gqvk FkkA

[lañ ,y&12012@22@2011&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 24th December, 2013

S.O. 79.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 59/2011)

of the Cent. Govt. Industrial Tribunal-cum-Labour Court,

Chennai as shown in the Annexure in the Industrial Dispute

between the management of Pallavan Gramin Bank and

their workmen, received by the Central Government on

24/12/2013.

[No. L-12012/22/2011-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 20th November, 2013

PRESENT:

K. P. PRASANNA KUMARI, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

141

Industrial Dispute No. 59/2011

(In the matter of the dispute of adjudication under

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

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

the Management of Pallavan Grama Bank and their

workman)

BETWEEN :

Sri K. Duraisamy

:

1st Party/Petitioner

AND

The Chairman

:

2nd Party/Respondent

Pallavan Grama Bank

Head Office

No. 6, Yercaud Road

Salem-7

APPEARANCE:

For the 1st Party/Petitioner

:

M/s P.S. Ratnamani,

Union

Advocates

For the 2nd Party/

:

M/s L. Jayakumar &

Management

Associates,

Advocates

AWARD

The Central Government, Ministry of Labour &

Employment, vide its Order No. L-12012/22/2011-IR(B-II)

dated 20.06.2011 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the action of the management of Pallavan

Grama Bank in dismissing Sri K. Duraisamy, Sweeper-

cum-Messenger, Valathi Branch is legal and justified?

To what relief the concerned workman is entitled?"

2. On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 59/2011 and issued notice to both

sides. Both sides have entered appearance through counsel

and filed Claim and Counter Statement respectively.

However, at the stage of evidence the Respondent has

remained absent and has been set exparte.

3. The averments in the Claim Statement in brief are

these:

The petitioner was working as Sweeper-cum-

Messenger with the Respondent Bank in its Valathi Branch.

While in service the petitioner received a letter from the

Respondent alleging certain misconducts on the part of

the petitioner. It was alleged that one Elumalai had entrusted

Ration Card and other documents alongwith an amount of

Rs. 500 with the petitioner for opening an account in the

bank, but the petitioner failed to make necessary

arrangements for opening the account. It was also alleged

that the petitioner had obtained Rs. 500 from one Velu

promising him to arrange loan and that when Velu requested

the amount back, the petitioner threatened him. It was also

alleged that the petitioner had received Rs. 750 from one

Kesavan promising to arrange Bullock Cart Loan and when

Kesavan demanded the amount back the petitioner refused.

The Respondent had initially put the petitioner under

suspension by order dated 29.12.2007. Then a Show Cause

Notice was issued to the petitioner. The Show Cause Notice

alleged that apart from the above misconducts the

petitioner had exerted pressure on Velu and Kesavan to

withdraw their complaints. A departmental enquiry was

conducted against the petitioner. On the basis of the

findings in the enquiry the petitioner was dismissed from

service. Though an appeal was filed by the petitioner

against the order of the Disciplinary Authority that also

was dismissed. The petitioner did not commit any of the

misconducts alleged against him. An order may be passed

directing the Respondent to reinstate the petitioner in

service with all attendant benefits.

4 The Respondent has filed Counter Statement

contending as follows:

The petitioner was charge sheeted by the

Respondent for acts of misappropriation in securing illegal

gratification and for destroying evidence. The petitioner

has unauthorizedly received Rs. 500 from a party for

opening a SB Account and had misappropriated the amount.

He had also received illegal gratification by way of cash

from two customers of the Bank promising loans. The

petitioner had also attempted to influence the above two

customers by exerting pressure on them for withdrawing

their complaints alleging illegal gratification. The petitioner

has thus attempted to destroy evidence. Charges were

framed against the petitioner for the above offences. An

enquiry was conducted. On the basis of the report of the

enquiry that all the three charges against the petitioner are

proved, he was dismissed from service. The petitioner is

not entitled to any relief.

5. The evidence in the case consists of oral evidence

of the petitioner examined as WW1 and the documents

marked as Exs. W1 to Ex.W15. The respondent having

remained absent after examination of the petitioner, no oral

or documentary evidence is available on the side of the

Respondent.

6. The Points for consideration are:

(i) Whether there is any justification in the action of the

Respondent in dismissing the petitioner from its

service?

(ii) What is the relief if any, to which the petitioner is

entitled?

The Points :

7. On going through the file of the departmental

enquiry conducted by the Respondent, I find that it was

142

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

conducted in a fair and proper manner. The petitioner was

represented in the enquiry by a co-worker. No argument

has been advanced before me to the effect that the enquiry

was not conducted fairly and properly. In fact even in the

Claim Statement itself the petitioner has been referring to

the enquiry file to justify his contention. During his

arguments also the counsel for the petitioner has mainly

been relying upon the material placed before the Enquiry

Officer.

8. The petitioner has filed affidavit of examination

reiterating his case in the Claim Petition. He was cross-

examined by the counsel for the Respondent also. He has

stated in his affidavit that the finding in the Disciplinary

Proceedings is without any justification.

9. The proceedings against the petitioner was stated

by the letter dated 29.11.2007 sent to him by the Head

Office of the Bank. In this letter marked as Ex.W1, it is

stated that the petitioner had committed irregularities while

working as Sweeper-cum-Messenger in Valathi Branch of

the Bank. Firstly it is alleged that he has received Rs. 500

from one Elumalai on 11.08.2007 alongwith opening forms,

copy of ration card and his photograph for the purpose of

opening a new Savings Bank Account with the Branch,

but he had not remitted the amount to the Bank's books

and the account was not opened in the name of Elumalai. It

is alleged that when the wife of Elumalai called on the Branch

on 13.08.2007 for getting the Pass Book he denied to have

received the amount from her husband, but when the

Inspector of Branches advised him to remit the disputed

amount if he had actually received it, he had handed over

the amount and got the same remitted to Cash Department.

Secondly, it is stated that one Velu has preferred a complaint

on 29.05.2007 alleging that the petitioner had obtained

Rs. 500 from him promising enhanced crop loan limit but

had not extended any help in securing the loan. It is further

alleged that another complaint has been received from one

Kesavan on 26.05.2007 alleging that he had obtained

Rs. 750 from Kesavan promising to arrange a Bullock Cart

Loan. Ex W2 is the reply given to the letter by the petitioner

denying the allegations. However, he has admitted even in

his reply letter that he has paid Rs. 500 alleged to have

been received from Elumalai though according to him it

was only to avoid an ugly situation and not because he

had received the money. Ex W3 is the order of suspension

on the petitioner. Ex.W4 is the Show Cause Notice issued

to the petitioner asking him why disciplinary action should

not be initiated against him for the irregularities allegedly

conducted by him. The order of suspension seems to have

been revoked and the petitioner is seen posted at another

branch of the Respondent Bank by Ex.W5 order. Ex. W7 is

the file regarding the enquiry conducted against the

petitioner. For the purpose of enquiry, apart from the

irregularities earlier referred to a charge that the petitioner

had exerted pressure and influenced Kesavan and Velu

from whom he had allegedly obtained illegal gratification

also is seen incorporated. The Enquiry Officer has found

that all the charges framed against the petitioner are proved.

The comments of the petitioner was called for in respect of

the findings of the enquiry as seen from Ex. W9 and he had

given his reply which is marked as Ex.W10. Ex. W11 is the

order of the disciplinary authority proposing punishment.

By Ex.W12 the punishment of removal from service was

imposed on the petitioner.

10. In the enquiry proceedigs Elumalai from whom

the petitioner had allegedly received Rs. 500 and Velu and

Kesavan from whom he had received Rs. 500 and

Rs. 750 respectively were examined. The English translation

of the deposition of these witnesses have been furnished

to me for perusal. It could be seen on going through the

evidence of Kesavan and Velu that these witnesses have

retracted from their allegation allegedly made by them

against the petitioner by way of written complaints. Velu

has stated during his examination that he was a customer

of the Respondent Bank for 15 years. He has stated that he

had earlier availed Jewel Loan and Crop Loan from the

bank. Accodring to him he had applied for crop loan for

conducting his daughter's marriage but the loan was not

given and he was harassed for almost 25 days. He was

disgusted on account of this and he had filed complaint

against the petitioner. He has stated during his examination

that he had not given any money to the petitioner at all.

However, he admitted during his examination that the

signature found in the complaint against the petitioner is

that of his itself.

11. The evidence given by Kesavan also is in tune

with the evidence given by Velu. He had stated that he had

given a complaint against the petitioner, but it was because

the Manager refused to give him further loan. He seems to

have written a letter immediately after his complaint against

the petitioner stating that he has not paid any money to

the petitioner. He has stated during his examination that he

was in an intoxicated state when he wrote the complaint.

12. In spite of the refusal of these two witnesses to

support the Management the Enquiry Officer has entered

a finding that the petitioner has accepted money from

thsese two witnesses as stated in their complaints.

According to the Enquiry Officer, the witnesses have

retracted from their statements on account of the pressure

exercised by the petitioner who was very much concerned

about retaining his job with the Respondent Bank. As

pointed out by the counsel for the petitioner there is no

direct evidence at all to show that any pressure has been

exercised upon these witnesses by the petitioner. Becuase

these two witness have retracted from their version in the

complaint allegedly given by them the enquiry officer has

assumed that pressure was exercised by the petitioner.

13. It could be seen that the two complaints allegedly

made by Velu and Kesavan are of an earlier date than the

complaint that was given by Elumalai. However, no action

seems to have been taken against the petitioner on the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

143

basis of these complaints before the incident referring to

Elumalai occurred in the Bank. The Respondent has not

stated why the above complaints, though of earlier dates

were kept in the cold storage. In the normal course the

management who had taken action regarding the incident

in respect of Elumalai immediately should have acted in

such manner regarding the complaints said to have been

given by Velu and Kesavan also. In such circumstsnce,

there was no justification in the Enquiry Officer finding

that pressure has been exercised by the petitioner upon

these two withnesses. When the witnesses have

categorically stated before the Enquiry Officer that they

have not paid any amount to the petitioner there was no

justification for the Enquiry Officer to find otherwise on

the basis of the complaints said to have been given by

them earlier. So the findings of the Enquiry Officer regarding

the charges on the basis of the alleged complaints of Velu

and Kesavan and the charge of exertion of pressure are

without any justification.

14. Now what remains for consideration is the charge

based on the allegation made by Elumalai that Rs. 500 has

been entrusted alongwith other necessary documents with

the petitioner for the purpose of opening an SB Account

but it was not done and the petitioner has denied to have

obtained the money from him at all. Elumalai has been

examined as W2 in the enquiry proceedings. He has

deposed that he had wanted to avail housing loan of

Rs. 5000 on the basis of his LIC policy but the bank had

stated that he should have an account to avail loan. When

he went to the bank on 10.08.2007 he was asked to bring a

photograph. Xerox copy of the ration card, surely and the

money. On the next day which happened to be saturday, he

had gone to the Bank with all these. He was told that it was

late on the day to open the Bank account. The petitioner

had asked him to hand over all the documents and money

to him and he had obliged. He had sent his wife to the Bank

on 13.08.2007 to get the Pass Book. However, the petitioner

stated to his wife that he did not receive money from

Elumalai. His wife informed him about this and they together

went to the bank again and met the petitioner. The petitioner

insisted that he had not taken money from Elumalai. An

Officer of the Bank opened the drawer of the petitioner and

it was found to contain the photograph of Elumalai, Xerox

copy of his ration card and also his application form. After

this an account was opened in his name and a Pass Book

was given to him. He stated that he does not know who

paid the money for opening the account. he stated during

his cross-examination that he was not aware that the money

is to be paid at the counter and this is why he had paid it to

be petitioner.

15. On a perusal of the evidence of Elumalai. I do not

find any reason to discard his evidence that the petitioner

had received Rs. 500 alongwith the documents for opening

an account. It is very much clear from the evidence in the

enquiry proceedings itself that the documents required for

opening an account by Elumalai were discovered from the

drawer of the petitioner and it was after this the account

was opened in the name of Elumalai. If all the documnets

were entrusted with the petitioner it is only natural that

minimum amount required for opening the account also

was also entrusted with the petitioner. There is admission

by the petitioner that he himself had paid the money for

opening the account. He has admitted in his affidavit itself

that he had paid the money. If actually he had not received

the amount it was not necessary for him to oblige the

superior officer of the branch by paying the money to enable

Elumalai to open the account. The circumstances certainly

point out to the misconduct committed by the petitioner in

this respect. The Enquiry Officer was perfectly justified in

entering such a finding.

16. Now the question to be considered is whether

the Respondent Bank is justified in imposing the grave

punishment of dismissal from service on the petitioner. I

have already found that Charges-2, 3 and 4 made against

the petitioner in the enquiry proceedings are not

established. These is no case for the Respondent that the

petitioner has antecedents of such misconduct. The

petitioner who has thought of denying receipt of the amount

from Elumalai has paid the amount when he became aware

of the consequences. When the nature of the offence and

this conduct of the petitioner in paying the amount

immediately is taken into account I feel that the Respondent

was not justified in taking the drastic measure of dismissal

of the petitioner from service. The proceedings have started

as early as in November 2007. The petitioner was dismissed

from service by order dated 23.10.2008. Five years have

elapsed after the dismissal. The petitioner was without any

employment and without any wages during this period.

The denial of wages for the period itself will be sufficient

punishment for the petitioner for the misconduct committed

by him. The punishment of dismissal from service is not in

proportion to the gravity of the offence committed. The

petitioner is entitled to be reinstated in service.

17. Accordingly, the Respondent is directed to

reinstate the petitioner in service within a month. The

petitioner will not be entitled to wages for the period from

the date of dismissal to the date of reinstatement. He will

be entitled to continuity of service and all other benefits.

18. The reference is answered accordingly.

(Dictated to the P.A., transcribed and typed by him,

corrected and pronounced by me in the open court on this

day the 20th November, 2013)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined

For the Ist Party/Petitioner

: WW1, Sri M. Kalaiarasan

For the 2nd Party/Management : None

144

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Documents Marked:

On the petitioner's side

Ex. No.

Date

Description

Ex. W1

29.11.2007

Letter for the Chairman of the

Bank

Ex. W2

20.12.2007

Petitioner's reply to the letter

of the Chairman of the Bank

Ex. W3

29.12.2007

Letter of Suspension

Ex. W4

18.06.2008

Show Cause Notice

Ex. W5

09.07.2008

Revocation of suspension and

transfer order

Ex. W6

12.07.2008

Reply to Show Cause Notice

Ex. W7

30.01.2009

Adjudication of the Enquiry

Officer

Ex. W8

09.10.2009

Enquiry Report

Ex. W9

16.10.2009

Show Cause Notice

Ex. W10

02.11.2009

Reply to Show Cause Notice

Ex. W11

06.01.2010

Show Cause Notice by the

Chairman as to imposition of

punishment

Ex. W12

28.01.2010

Order of dismissal

Ex. W13

21.02.2007

Pallavan Grama Bank (Officers

and

Servants)

Service

Regulation 2007

Ex. W14

04.03.2010

Appeal by the petitioner

Ex. W15

19.06.2010

Order passed in the appeal

On the Management's side

Ex.No.

Date

Description

N/A

ubZ fnYyh] 24 fnlEcj] 2013

dkñvkñ 80.—vkSn~;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 vuqca/k

esa fufnZ"V vkSn~;ksfxd fookn esa dsUnzh; ljdkj vkSn~;ksfxd vf/kdj.k]

vgenkckn ds iapkV ¼lanHkZ la[;k 393@2004½ dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 24@12@2013 dks izkIr gqvk FkkA

[lañ ,y&12012@512@2000&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 24th December, 2013

S.O. 80.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. 393/2004) of

the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Ahmedabad 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

24/12/2013.

[No. L-12012/512/2000-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

PRESENT

Binay Kumar Sinha, Presiding Officer, CGIT-cum-Labour

Court, Ahmedabad,

Dated 21st October, 2013

Reference (C.G.I.T.A.) No. 393 of 2004

Reference I.T.C. No. 47 of 2001 (old)

Reference (ITC) No. 319 of 2009

The Chief Manager,

State Bank of India,

Gujarat Vepari Mahamandal,

Industrial Branch,

Odhav road, Ahmedabad

(Gujarat)-382430

........First Party

And

Their Workman

Shri Jayeshgiri Natvargiri Gosai

Through the General Secretary

Gujarat Shramjivi Parishad,

Near Dwarkanath Hindi Higher

Secondary School, Gujarat Vepari

Mahamandal, Tolnaka, Odhav Road,

Ahmedabad (Gujarat)-382430 .............Second Party

For the First Party

: Shri Bhushan K. Oza, Advocate

For the Second Party

: Shri R.B. Chowdhary, Advocate

AWARD

The Central Government, Ministry of Labour, New

Delhi vide its order No. L-12012/512/2000-IR(B-I) dated

24.07.2001, in exercise of powers conferred by clause (d) of

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

I.D. Act, 1947 referred the dispute for adjudication in terms

of reference under the Schedule:

SCHEDULE

"Whether the demand of Gujarat Shramjivi Parishad,

Ahmedabad for reinstatement with full back wages

along with continuity of service and all consequential

benefits in respect of Shri Jayeshgiri Natvargiri Gosai

by the management of State Bank of India in

justified?"

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

145

If so, to what relief the concerned workman is

entitled?"

2. The case of the second party/workman/Union is

that Jayeshgiri was working since 22.06.1994 as watchman

as permanent employee with sincerity and devotion and

he was being paid Rs. 100 per day as the rate of minimum

wages. He was working daily 12 hours and if any day there

was any delay in duty then he was threatened by

responsible person of Bank to terminate him. Due to fear of

losing service he could not make complaint before

appointment authority. He was not given benefits like

earned leave, festival leave, bonus, overtime for extra work

etc. So he decided to raise voice against the management

of Bank as a result he was terminated w.e.f. 03.02.2000 by

the 1st party illegally without complying with the provision

of labour law. No show cause notice was asked from him,

no departmental enquiry held against any alleged

misconduct and the provision of section 25F, 25G and 25H

of the I.D. Act, 1947 have been breached by the 1st party

employer. The workman Jayeshgiri completed 240 days of

works in every year prior to his termination. On these scores,

prayer is to declare his termination illegal and unjust and to

reinstate him with full back wages with continuity of service

and consequential benefits on the original post and also

with cost of Rs. 5001 and also for any other relief to which

the workman is found entitled.

3. As against this, the contention of the 1st party

Bank as per its written statement Ext. 10 is that the 2nd

party workman was not appointed as permanent employee

on 22.06.1994. This also untrue that he was getting Rs. 100 per

day and was working for twelve hours a day. Rather the

real fact is that the 2nd party workman Jayeshgiri was kept

as watchman on stopgap arrangements on temporary basis

from 26.06.1994 and since there was no need for his duty

so there was no need for his duty so he was terminated

from 03.02.2000. He was getting Rs. 70 towards daily wages

which was raised to Rs. 100 per day. He was engaged

intermittently and he never worked condtinuously. The

workman was working as home guard in the state of Gujarat

and he was kept temporary for doing night duty of

watchman in the said branch of Bank on daily rated basis.

The Bank used to engage ex-service man for duty of night

watchman in the bank where as concerned workman

Jayeshgiri was working as a home guard in the state of

Gujarat and so for a stop gap arrangement he was kept for

duty in the night as watchman. Concerned workman was

not given any appointment letter since his engagement as

night guard (watchman) was not done under the process

of recruitment rules for regular employee. He never

completed 240 days of work in a year and so there was no

need for compliance of the provision of section 25F of the

I.D. Act and the 1st party has not also violated the provision

of section 25G and 25H of the I.D. Act. The reference is not

maintainable; the 2nd party has no cause of action. The

2nd party is not entitled for any relief and the reference is

liable to be dismissed.

4. In view of the rival contention of the parties in

their pleadings, the following issues are taken up for

consideration and adjudication:

ISSUES

(i) Is the reference maintainable?

(ii) Whether the 2nd party/Union has valid cause of

action for raising the demand?

(iii) Whether the concerned workman Jayeshgiri Gosai

has completed 240 days of works in the calendar

year preceding his oral termination on 03.02.2000?

(iv) Whether the 2nd party workman/Union is entitled to

the relief of reinstatement and back wages along with

continuity of service as per terms of reference?

(v) What orders are to be passed?

FINDINGS

5. ISSUE No. iii:— The 2nd party through a list Ext.11

produced four kinds of documents. Ext. 11/1 is the copy of

representation dated 19.06.2000 submitted to the

conciliation officer (A.L.C.) central on the subject of

reinstatement of the workmen with full back wages and

continuity of service by the Union General Secretary and

its copy sent to the Chief Manager, S.B.I., Gujarat Vepari

Mahamandal Adyogik branch, Odhav Road, Ahmedabad,

(the present 1st party). Ext. 11/2 is acknowledgement due

of copy of letter sent to the Chief Manager S.B.I. of said

branch. Ext. 11/3 series are attendance sheet of the 2nd

party Jayeshgiri Natvargiri Gosai from 22.06.1994 and

onward regarding his night duty as watchman in the said

branch of S.B.I. from 8 p.m. to 8 a.m. containing his

signature and also containing seal of the S.B.I., Odhav

Branch. These attendance sheet are in 85 pages from

22.06.1994 to 02.02.2000. Ext.11/4 is copy of certificate dated

05.02.2000 given to the concerned workman that the

services of Shri Jayeshgiri Natvargiri Gosai as a watchman

had been utilised as and when required by the Bank since

22.06.1994. The conduct of Shri Gosai has been satisfactory.

The concerned workman Jayeshgiri deposed in oral

evidence vide Ext. 12 and supported his stand that he

worked as watchman from 22.06.1994 to 02.02.2000 as night

guard in the Odhav branch of S.B.I. His evidence is that he

was appointed on permanent post. But admitted during

cross examination by the lawyer of the 1st party that no

appointment letter was issued to him going through the

recruitment process. He admitted that his wages was daily

rated and that his name was not sponsored by the

employment exchange. In his oral evidence, it has come

that from 22.06.1994 to 02.02.2000 he completed 240 days

of work every calendar year. However, he admitted at page

7 of his oral evidence that he was a home guard appointed

by the state of Gujarat and that when he joined bank as

146

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

watchman before that he was serving as home guard and

that in the day he was working as a home guard and in the

night he was performing duty of watchman in the said

branch of Bank.

6. The 1st party did not adduce oral evidence of

management witness, rather relied upon its stand taken in

written statement also find support during cross

examination of workman Jayeshgiri (Ext. 12) where in it was

admitted by the concerned workmen that he was appointed

home gaurd and in day time he was doing home guard duty

and in the night performing duty of night watchman in

Odhav branch of S.B.I. and that he was being paid Rs. 100 on

daily basis and that he was not appointed as regular

employee of Bank, no appointment letter was given to him,

his name was not sponsored by the employment exchange.

7. From the evidence oral and documentary discussed

above, this fact is well proved that Shri Jayeshgiri Natvargiri

Gosai completed 240 days of work on daily rated basis in

every calendar year and also in the calendar year preceding

his oral termination w.e.f. 03.02.2000. So before his

retrenchment the employer (1st party) had legal obligation

u/s 25F of the I.D. Act, 1947 for giving him retrenchment

compensation and notice pay which was not complied with

by the 1st party.

8. This issue is, therefore, decided in favour of the

2nd party workman Shri Jayeshgiri Gosai that he completed

240 days of work in the calendar year preceding oral

termination on 03.02.2000.

9. ISSUE NO. iv:—Shri R.B. Chowdhary learned

Union representative argued that since the employer Bank

(1st party)had violated the mandatory provision of section

25F of the Industrial Dispute Act, 1947. So the concerned

workman who completed 240 days of work in every year is

entitled for reinstatement to the post of night guard in

Odhav Branch of S.B.I. with full back wages and continuity

of service. In support of such argument Mr. Chowdhary

has relied upon the case law of Devinder Singh-appellant

Vs. Municipal Council, Sanaur—respondent (2001) (6)

Supreme Court cases 584. But from perusal of this case law

it is obvious that the same is based on termination of a

workman engaged on contract basis and that too

termination was affected one month before his contractual

engagement was to expire as the workman had worked for

more than 240 days within definition of section 25B of I.D.

Act. In the instant case the status of the 2nd party workman

Jayeshgiri was not as that of contractual engagement his

engagement was as that of daily rated worker and more so

in day time he was working as home guard appointed under

the state of Gujarat and in the night he had been engaged

on daily rated basis by the management of Odhav branch

of S.B.I. On recommendation of local Odhav Police for

protecting bank property from thief active in that locality.

More so, concerned workman Jayeshgiri was gaining

double income in the day time getting wages/salary as

home guard from the state Government of Gujarat and in

the night duty of night watchman was getting daily rated

wages from the bank (1st party). So it cannot be expected

as to his regular appointment as bank's night guard on

recommendation of local police when the fact was quite

known that he is appointed home guard under the service

of state of Gujarat. So the case law relied upon (Supra) on

behalf of the 2nd party Union is not applicable to the facts

and circumstances of the instant case. The case law of

Jaipur Vidyut Vitran Nigam Ltd. Vs. Nathuram (2010 LLR 97

S.C.) as relied on by Mr. Chowdhary for back wages does

not appear to be applicable in the instant case because in

the given case law the fact was that the respondent was

appointed as a casual labour in the erstwhile Rajasthan

State Electricity Board was caught accepting bribe by Anti-

Corruption Bureau and in appeal High Court acquitted

respondent of charges levelled against him and the

corporation (Jaipur Vidhyut Nigam Ltd.) reinstated the

respondent and after retirement from service the respondent

filed writ petition for grant of back wages as per regulation

of the management/corporation provide that in case of

acquittal of an employee charged for any offence, he will

be entitled to full back wages and so back wages to the

respondent was allowed. The case law of state of Punjab

and others-appellant Vs. Babita Kumari 2006 S.C.C. (L&S)

396 also does not come to the rescue of the 2nd party

workman claiming for reinstatement with full back wages

because of change of the view of the Hon'ble Apex Court

in catena decision that a casual labour/worker even

completed 240 days of work in some Calendar year is not

entitled for reinstatement with back wages as a matter of

right in case of violation of the provision of section 25F of

the I.D. Act, 1947 by the employer rather reasonable

monetary compensation will sub serve the ends of Justice.

Shri Bhushan K. Oza, learned counsel for the 1st party

(Bank) has relied upon the case of senior superintendent

Telegraph (Traffic) Bhopal Vs. Santosh Kumar Seal (2010(0)

GLH.EL.SC 48285=2010(6) SCC773=2010(3) CLR17. Yet in

another case law of Bharat Sanchar Nigam Ltd. Vs.

Mansingh and others (2011 STPL (web 966 S.C) it has been

held by their Lordship that this Court in catena of decisions

has clearly laid down that although an order of retrenchment

passed in violation of section 25F I.D. Act may be set aside

but an award of reinstatement should not be passed. This

court has distinguished between a daily wager who does

not hold a post as that of a permanent employee and that

instead monetary compensation would meet the ends of

Justice.

10. In view of the facts and circumstances of the

instant case discussed above and also keeping in view the

case laws cited on behalf of the parties. I am of the

considered view that the 2nd party workman Shri Jayeshgiri

Natvargiri Gosai is not entitled to reinstatement to work on

the post to which he was performing as a daily rated wager

prior to 03.02.2002 in spite of his retrenchment without

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

147

following the provision of Section 25F of the I.D. Act, 1947.

As he is not entitled to any back wages because he was

not holding post as that of a regular/permanent employee.

Instead he is found entitled for a reasonable monetary

compensation in this case which is to be examined what

amount of reasonable compensation is to be awarded to

him keeping in view all the facts and circumstances of the

case while discussing issue No. V.

11. In view of he discussion above, I find and hold

that the 2nd party workman is not entitled for reinstatement

with or without back wages and for continuity of service.

This issue is decided accordingly against the 2nd party.

12. ISSUE No. V.:—Considering all the facts and

circumstances of the case that the 2nd party workman

Shri Jayshgiri Natvargiri Gosai is in gainful employment of

a home guard under the state of Gujarat even after his oral

termination w.e.f. 03.02.2000. So, there is no such case for

grant of huge monetary compensation to him, rather a lump

sum compensation of Rs. 40,000 (Rupees Forty Thousand

Only) is found reasonable to be awarded to the 2nd party

Shri Jayeshgiri Gosai which will sub serve the ends of

justice.

13. ISSUE NO. I & II:—This reference is maintainable

so far as entitlement of compensation from the 1st party

(Bank) is concerned and so in this way the 2nd party/

Union has valid cause of action to raise the dispute.

This reference is accordingly allowed in part. No order

as to cost.

That 1st party is directed to pay the amount of

compensation of Rs. 40,000 to the 2nd party Shri jayeshgiri

Natvargiri Gosai with interest @ 9% per annum from the

date of this award.

This is my award.

BINAY KUMAR SINHA, Presiding Officer

ubZ fnYyh] 24 fnlEcj] 2013

dkñvkñ 81.—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj y{eh foykl

cSad fyñ izcaè ra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp

vuqcaè esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèdj.k vgenkckn ds iapkV ¼lanHkZ la[;k 106@2005½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 24@12@2013 izkir gqvk FkkA

[lañ ,y&12012@74@2005&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 24th December, 2013

S.O. 81.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. 106/2005) of

the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Ahmedabad as shown in the Annexure, in the industrial

dispute between the management of Laxmi Vilas Bank Ltd.

and their workmen, received by the Central Government on

24/12/2013.

[No. L-12012/74/2005-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

PRESENT

BINAY KUMAR SINHA, Presiding Officer, CGIT-

cum-Labour Court, Ahmedabad,

Dated 24th October, 2013

Reference: (CGITA) No. 106/2005

The General Manager,

Laxmi Vilas Bank Ltd.

Personnel Department,

Administrative Office,

Karur-639006, Karur

.....First Party

AND

Ms. Nayana K. Bhutwala,

67-68-11,

Hari Hari Cooperative Housing Society-1

Near Katargam Main Road,

Surat-395004

Surat (Gujarat)

......Second Party

AWARD

The Central Government/Ministry of Labour,

New Delhi vides Order No. L-12012/74/2005 IR(B-I) dated

08.11.2005 under clause (d) of sub section (1) and sub

section (2A) of section 10 of the Industrial Dispute Act,

1947, referred the dispute for adjudication to this Tribunal

on terms of reference in the Schedule:

SCHEDULE

"Whether the action of management by dismissing

Ms. Nayana K. Bhutwala, Ex-staff from the service

of the Bank is legal and justified? If no, what relief

the workman is entitled to? And to what extent?"

2. Even after several notice was issued the workman

(S.P.) though appeared at Surat when the case record was

pending before Industrial Tribunal, Surat but failed to

submit statement of claim. On transfer of the case record to

this C.G.I.T.-cum-Labour Court by the order of M.O.L.,

New Delhi, again fresh notice sent to the parties to appear

before this Tribunal and to file S/c and W.S. respectively,

the workman (the 2nd party) failed to appear before this

Tribunal. There is no statement of claim in support of this

Industrial dispute. However, the 1st party filed pursis

148

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

(Ext. 18) to close or dispose of this case due to absence of

the 2nd party (workman).

3. The 2nd party since failed to file statement of claim

and so no need to keep this case record awaiting for filing

of S/c. So the workman (S.P.) has failed to prove that the

action of management by dismissing her from the services

of the Bank is not legal and justified. The S.P. (workman) is

not entitled to any relief. Reference is, therefore, answered

in favour of the management of Bank (1st Party).

The reference is dismissed. No order as to cost.

BINAY KUMAR SINHA, Presiding Officer

ubZ fnYyh] 24 fnlEcj] 2013

dkñvkñ 82.—vkS|ksfxd fookn vfèfu;e 1947 ¼1947

dk 14½ dk èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV cSad

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k]

vgenkckn ds iapkV ¼lanHkZ la[;k 1104@2004½ izdkf'kr djrh gS

tks dsUnzh; ljdkj dks 24-12-2013 dks izkIr gqvk FkkA

[lañ ,y&12012@255@98&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 24th December, 2013

S.O. 82.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. 1104/2004)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Ahmedabad as shown in the Annexure, in the industrial

dispute between the management of Statement Bank of

India and their workmen, recieved by the Central

Government on 24/12/2013.

[No. L-12012/255/98-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

PRESENT

BINAY KUMAR SINHA, Presiding Officer, CGIT-cum-

Labour Court, Ahmedabad

Dated 18th October, 2013

Reference: CGITA No. 1104 of 2004

Reference (ITC) No. 06 of 1999 (old)

1. The General Manager,

State Bank of India,

(Development & Personnel Banking)

Lal Darwaja, Bhadra

2. The Branch Manager,

State Bank of India,

Surendranagar Branch,

Surendranagar-363001

.......First Party

And

Their Workman

Shri Mansukh Popatlal Vaaghela

Dr. Ambedkar Nagar No.-1,

Opp. Ambedkar Chowk,

Cause Way Road, Surendranagar-1

Second Party

For the 1st party : Shri Prakash S. Gogia, Advocate

For the 2nd party : Shri Nalin U. Bhatta, Advocate

AWARD

The Central Government/Ministry of Labour,

New Delhi vide its order No. L-12012/255/98-IR(B-I) dated

12.3.1999 in exercise of power conferred by clause (d) of

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

Industrial Dispute Act, 1947, referred the dispute for

adjudication in terms of reference under the Schedule:

SCHEDULE

"Whether the action of the management of State Bank

of India, Ahmedabad/Surendranagar in terminating

the services of Shri Mansukh Popatlal Vaghela is

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

workman is entitled to?"

2. The case of the workman (the 2nd party) as per

statement of claim (Ext. 2) is that he was working at

Surendranagar branch of SBI as a peon w.e.f. 11.3.1994 and

wages per day was Rs. 18 and lastly he was getting

Rs. 50 per day at the time of termination. He was doing

manual works of different types regularly and his works

was of permanent nature and he was working from

8.30 a.m. to 6.30 p.m. But he was orally terminated by the

1st party on 9.9.1997 and he was not given legal dues or

any retrenchment compensation, where as he worked for

240 days in a year. He worked for 77 days in 1994, 260 days

in 1995, 251 days in 1996 and 122 days in 1997. The 1st

party committed breach of section 25F of the I.D. Act, 1947.

The 1st party employed new person after his termination

and thus committed breach of section 25(H) of the I.D. Act,

1947. The 1st party bank have not taken into consideration

of his past record of service before termination. He failed

to get employment elsewhere and he is unemployed, facing

financial crisis. On these scores, prayer is that the action of

the 1st party in terminating him is illegal and injust, he be

reinstated with full back wages and continuity of service

w.e.f. 9.9.1997 and also for cost of the litigation and to pass

order to which the workman is found entitled.

3. As against this, the case of the 1st party (Bank) as

per written statement (Ext. 5) is that the 2nd party workman

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

149

was a casual daily rated worker and he himself left his

service and it is not a case of dismissal, discharge or

termination. The 2nd party was called to perform the casual

work at Surendranagar branch of the Bank. No permission

of Zonal office of SBI was taken before takig the service of

the 2nd party at Surendranagar branch. It has been denied

that the 1st party (Bank) had terminated the service of the

workman on 9.9.1997 orally. The workman himself has

stopped coming to Bank and so no question of payment of

retrenchment compensation and notice pay to him. But if

this court comes to the conclusion that the 2nd party

workman was entitled to retrenchment compensation and

notice pay, the same may be awarded to him but he is not

entitled for reinstatment. However, the 1st party have

denied the averments of statement of claim para wise. On

these scores, prayer is that the 2nd party is not entitled to

relief and the reference is fit to be rejected with cost.

4. In view of the pleadings and rival contention of

the parties the following issues are taken up for discussion

and adjudication in the light of terms of the reference:—

ISSUES

(i) Whether the reference is maintainable?

(ii) Has the 2nd party (workman) valid cause of action to

raise dispute?

(iii) Whether the workman Mansukh Popatlal Vaghela

has completed 240 days of works in calendar year

preceding his oral termination on 9.9.1997?

(iv) Whether the 2nd party workman is entitled to the

relief of reinstatement and for back wages? If not, to

what relief he is entitled?

(v) What orders are to be passed?

FINDINGS

5. ISSUE NO. iii :— The 2nd party workman

Shri Veghala has produced with a list Ext. 6 as many as 242

documents which are mainly zerox copies of voucher and

petty encahsment of bills to the 2nd party workman for the

period 10.1.1995 to 4.8.1997 (upto Ext. 6/236). Thereafter

from Ext. 6/237 to 6/242 are copies of legal notice to Bank

regarding demand and for reinstating him on the post and

the docuemnts of concliation process before A.L.C.

(Central) Adipur including written reply of the Bank. The

oral (evidence) of the 2nd party (Mr. Vaghela) is at Ext. 10.

In the cross examination by the 1st party's lawyer, the

concerned workman has specifically admitted that he was

working as a daily wager and he was not a regular

appointtee. He also admitted that the 1st party Bank has

their own regular peons and that no recruitment procedure

was followed by the Bank at the time of engaging him.

6. On behalf of the 1st party Bank vouchers from

1995 to 1997 and petty cash register from 9.8.1996 to

30.1.1997 have been exhibited as the 2nd party workman

has accepted those documents by putting his endorsement

of no objection on 11.3.2004 on the list of documents filed

on 21.9.2003 (Ext. 12). The oral evidence on behalf of the

1st party Bank was given by Shri Dhaivat Mehta at Ext. 20

who was the Branch Manager at Surendranagar Branch of

SBI at the relevant time. This management witness has

categorically denied the allegation of the 2nd party and he

stated that the concerned workman Mr. Vaghela's status

was of a daily wager and he was engaged for casual work

and he (2nd party) never worked on regular post nor he

was performing the job of regular employee rather he had

performed the temporary nature of job and that the 2nd

party has not completed 240 days in the calendar year.

7. From scrutinising the pleadings of the parties,

statement of claim and written statement and the

documentary evidence vide Ext. 6 series and Ext. 12 series

of the 2nd party and the 1st party respectively and also

considering the oral evidence of the 2nd party (Ext. 10) of

the 1st party witness (Ext. 20). I am of the considered view

that the 2nd party workman Shri Mansukh Popatlal Vaghela

was working as casual labour in Surendranagar Branch of

State Bank of India and he completed more than 240 days

of work in some calendar year and he also completed 240

days of work in calendar year preceding his alleged

termination on 9.9.1997 if his works are counted backward

from 8.9.1997 to 9.9.1996 completing calendar year in this

way.

8. Thus from the discussion above, I find and hold

that the workman, the 2nd party Mansukh Popatlal Vaghela

had completed 240 days of work in calendar year proceding

his termination on 9.9.1997. This issue is, therefore, decided

in favour of the 2nd party.

9. ISSUE NO. iv:— The learned counsel for the 1st

party has cited a case law of D.G.M. Oil Mill & Natural Gas

Corp. Ltd. another Vs. Ilias Abdul Rehman [J.T. 2005 (II)

S.C. 87] which is based on number of days of work in broken

period cannot be taken as continuous employment for the

purpose of section 25F of the I.D. Act that the employer

breached the provision in terminating the casual worker.

This case law is not helpful to the 1st party considering the

evidence oral and documentary examined above while

arriving at conclusion to issue No. iii in the foregoing. So,

now it has to be born in mind that there has been violation

by the 1st party (Bank) in not providing retrenchment

compensation and notice pay to the 2nd party. But, due to

breach of provision of section 25F by the employer Bank

the 2nd party (Mr. Vaghila) has had no right for

reinstatement and back wages because he in the capacity

of casual labourer was not holding a post as that of regular

employee this has been held by the Hon'ble Apex Court in

Catena of decisions. In the case of senior superintedent

(telegraph) traffic Bhopal Vs. Santosh Kumar Seal & other

(2010 iii CLR 17 S.C.) their Lorsdhip of the Hon'ble Apex

Court have held that grant of reasonable compensation to

150

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

the workman instead of reinstatement and back wages in

case of termination of service if found illegal will sub serve

the ends of Justice.

10. This issue is accordingly decided that the 2nd

party workman Shri Mansukh Popatlal Vaghela is not

entitled for reinstatement as casual worker and for any

back wages rather since his oral termination w.e.f. 9.9.1997

without complying with mandatory provision of section

25F of the I.D. Act is illegal. So, he (the 2nd party) is found

entitle for reasonable compensation from the 1st party.

11. ISSUE NO. i & ii:— This reference is maintainable

so far as entitlement of compensation from the 1st party is

concerned and so in this way, the 2nd party has valid cause

of action to raise the dispute.

12. ISSUE NO. v:— Considering all the facts and

circumstances of the case, a lump sum compensation of

Rs. 20,000 (Rupees Twenty Thousand Only) is awarded to

the 2nd party workman Shri Mansukh Popatlal Vaghela

which will sub serve the ends of justice.

This reference is allowed in part. No order as to cost.

The 1st parties are directed to pay the amount of

compensation of Rs. 20,000 to the 2nd party with interest

@ of 9% per annum from the date 18.6.2002 when the

workman deposed in support of his statement of claim.

This is my award.

BINAY KUMAR SINHA, Presiding Officer

ubZ fnYyh] 24 fnlEcj] 2013

dkñvkñ 83.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsanzh; ljdkj ;qufVM oLVju

cSad fyñ ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds

chp] vuqcaè esa fufnZ"V vkS|ksfxd fookn esa dsanzh; ljdkj vkS|ksfxd

vf/kdj.k@Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k 158@98½

dks izdkf'kr djrh gS] tks dsanzh; ljdkj dks 24@12@2013 dks izkIr

gqvk FkkA

[lañ ,y&12012@299@97&vkbZvkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 24th December, 2013

S.O. 83.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 158/98)

of the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure, in the Industrial

Dispute between the management of United Western Bank

Ltd. and their workmen, received by the Central Government

on 24/12/2013.

[No. L-12012/299/97-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/158/98

SHRI R.B. PATLE, Presiding Officer

Shri Chhavikant Ramnath Chaturvedi,

Dr. Bajpai Ward, Murri Road,

Khandelwal House,

Gondia, Distt. Bhandara (MS)

.....Workman

Versus

Branch Manager,

United Western Bank Ltd.,

Hospital Road, Gondia,

Distt. Bhandara (MS)

....Management

AWARD

(Passed on this 11th day of November, 2013)

1. As per letter dated 22-7-98 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/

299/97-IR(B-I). The dispute under reference relates to:

"Whether the action of the management of the United

Western Bank Ltd. represented through (1) It's

Branch Manager, Gondia and (2) It's General Manager

at Satara in stopping from working Shri Chhavikant

Ramnath Chaturvedi, a small Saving Deposit Agent

w.e.f. 1-6-1996 and not allowing him to work as an

Agent or as a clerk, is just, proper and legal? If not,

to what relief the workman is entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party workman submitted statement of claim

at Page 2/3 to 2/8. Case of Ist party workman is that he was

appointed as an Agent to collect deposits on behalf of the

United Western Bank. The agreement was executed

between parties authorizing workman for collection of

deposit from various individuals and establishments. The

workman was required to fill in account opening forms,

daily deposit slips, preparation of scrolls and deposit the

cash in the Bank. He was required to post deposit entries

of each individual to their respective amount in the bank

books. He was receiving amount Rs. 3453 per month on

average by way of his collection charges. That he is

workman within meaning of Section 2(s) of I.D. Act. He

was working from 1990 to 1996. Large number of persons

were employed but they were not absorbed on equivalent

post.

3. That scheme called Madhy Sanchay Deposit was

closed by IInd party. However employees were not

absorbed on equivalent post. Retrenchment compesnation

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

151

provided under Section 25-F was not paid. Ist party was

directed to deposit all goods of Accounts with the Bank. It

is contented that the termination of his services by

communication dated 18-6-96 is illegal. His representation

dated 24-2-97 was not considered. The management of the

Bank contented that there was no employee-employer

relationship. The matter was taken before ALC(C) for

conciliation. On failure of conciliation proceeding, reference

has been made. Workman claims to be entitled for

reinstatement and compensation.

4. IInd party Bank filed Written Statement at Page

5/1 to 5/7. It is case of IInd party that workman was engaged

as Madhu Sanchaya Deposit Agent. That relationship of

workman and the management Bank was of a Principal and

agent only. MSD Scheme at Nagpur and Jalgaon regions

were closed. Said decision was taken by Head Office on

27-5-96. He agreement with Ist party workman was cancelled.

Ist party workman has misconstrued he agreement as

termination of his service.

5. IInd party did not dispute execution of agrement

dated 7-11-90 between parties. Relationship of employer

employee has been denied. It is denied that Ist party

workman is covered under Section2(s) of I.D. Act. It is

denied that his services are terminated illegally in violation

of Section 25-F of I.D. Act. IInd part submits that the

workman is not entitled to relief claimed by 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

management of the United

In Affirmative

Western Bank Ltd.

represented in stopping from

working Shri Chhavikant

Ramnath Chaturvedi, a small

Saving Depost Agent w.e.f.

1-6-1996 and not allowing

him to work as an Agent or

as a clerk is legal?

(ii) If not, what relief the

Relief prayed by

workman is entitled to?"

workman is

rejected.

REASONS

7. From pleadings of Ist party workman narrated

above, he is claiming to be employee of IInd party and his

services are terminated in violation of Section 25-F of I.D.

Act, he was not paid retrenchment compensation. The IInd

party has denied relationship of employer employee with

the workman and the management of IInd party. All other

material contentions of workman are also denied. Workman

has not adduced any evidence to substantiate his claim.

The evidence of workman is closed on 13-5-09. The

management filed affidavit of witness Ravindra Manohaor

Deochake. The affidavit of the management's witness is

devoted on all the material contentions detailed in the

Written Statement filed by the IInd party. That the workman

was engaged as an Agent for collecting deposit from

customers. He was not working as an employee. There was

no control on his working hours. There was no minimum

ceiling of deposit made by him. He is not covered as

workman defined under I.D. Act. There were no fixed office

hours for MSD Agent. Workman was not required to attend

office for whole day. As a matter of practice amount

collected during a day as an Agent used to be deposited in

Bank before closure of the Bank. The evidence remained

unchallenged as workman did not cross-examine the

management's witness. I do not find reason to disbelieve

unchallenged evidence of the management. Workman has

failed to adduce evidence to substantiate his contentions.

Thus the workman's contention that his services illegally

terminated in violation of Section 25-F is not established. It

is also not established that Ist party workman is covered

as workman under Section 2(S) of I.D. Act. Therefore I

record my finding on Point No. 1 in Affirmative.

8. In the result, award is passed as under:—

(1) Action of the management of United Western Bank

Ltd. represented in stopping from working Shri

Chhavikant Ramnath Chaturvedi, a small Saving

Deposit Agent w.e.f. 1-6-1996 and not allowing him

to work as an Agent or as a clerk is proper.

(2) Relief prayed by workman is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 24 fnlEcj] 2013

dkñvkñ 84.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsanzh; ljdkj lgk;d funs'kd]

dsUnzh; flYd cksMZ ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa

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

vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;&1] /kuckn ds iapkV ¼lanHkZ

la[;k 118@2000½ dks izdkf'kr djrh gS] tks dsanzh; ljdkj dks

24@12@2013 dks izkIr gqvk FkkA

[lañ ,y&42012@246@99&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 24th December, 2013

S.O. 84.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 118/

2000) of the Central Government Industrial Tribunal/Labour

Court-1, Dhanbad now as shown in the Annexure, in the

Industrial Dispute between the employers in relation to the

management of Asstt. Director, Central Silk Board and their

workmen, which was received by the Central Government

on 24/12/2013.

[No. L-42012/246/99-IR (DU)]

P. K. VENUGOPAL, Section Officer

152

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

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.

Reference No. 118 of 2000.

PARTIES

:

Employers in relation to the

management of Asstt. Director,

Central Silk Board.

AND

Their Workmen

PRESENT

:

SHRI H.M. SINGH, Presiding

Officer.

APPEARANCES

:

For the employers

:

Shri Ram Kishore,

Scientist-'C'

For the workman

:

None

State

:

Jharkhand

Industry : Textile

Dated, the 29th January, 2010

AWARD

By Order No. L-42012/246/99/IR(DU) dated 17.2.2000

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 followng dispute

for adjudication to this Tribunal:

"Whether the action of the management of Basic

Seed Multiplication and Training centre at

Kharsawan to terminate the service of Shri Motilal

Mahato, workman w.e.f. 6.2.97 from the roll of

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

the workman is entitled?"

2. This reference was received in this Tribunal on

1.3.2000. But inspite of notice being sent to the parties

neither the concerned workman appeared before this

Tribunal nor any written statement has been filed on behalf

of the concerned workman. It, therefore, appears that the

concerned workman is not interested to contest the case.

In such circumstances I render a 'No Dispute' award

in the present reference case.

H.M. SINGH, Presiding Officer

ubZ fnYyh] 24 fnlEcj] 2013

dkñvkñ 85.—vkS|ksfxd fookn vf/kfu;e] 1947

¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ch-,l-

,u-,y-] fcgkj VsfydkWe lfdZy 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;&1] /kuckn

ds iapkV ¼lanHkZ la[;k 104@2006½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 24-12-2013 dks izkIr gqvk FkkA

[lañ ,y&40011@09@2006&vkbZvkj ¼Mh;w½]

ih-ds- os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 24th December, 2013

S.O. 85.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 104/

2006) of the Central Government Industrial Tribunal/Labour

Court-1, Dhanbad now as shown in the Annexure in the

industrial dispute between the employers in relation to the

management of BSNL, Bihar Telecom Circle and their

workman, which was received by the Central Government

on 24.12.2013.

[No. L-40011/09/2006-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL G OVERNMENT

INDUSTRIAL TRIBUNAL (NO. 1), DHANBAD

In the matter of a Reference U/S 10(1) (D) (2A) of I.D.

ACT, 1947

Ref. No. 104 of 2006

Employers in relation to the management of BSNL

Bihar Telecom Circle

AND

Their Workmen

PRESENT : Shri Ranjan Kumar Saran, Presiding Officer

APPEARANCES :

For the Employers

:

Sri S. Prasad, Advocate

For the Workman

:

Sri D. Mukherjee, Advocate

State: Jharkhand

Industry-Telecom

Dated : 15-03-2013

AWARD

By Order No. L-40011/9/2006-IR (DU), dt. 15.11.2006,

the Central Government in the Ministry of Labour has, in

exercise of the powers conferred under clause (d) of sub-

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

Disputes Act, 1947, referred the following dispute for

adjudication to this Tribunal:

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

153

SCHEDULE

"Whether the action of the management of BSNL,

Arwal in terminating the service of Shri Ramdeo

Kumar w.e.f. 08.04.2005 is legal and justified? If not

to what relief the workman is entitled?"

2. The case is received from the Ministry of Labour

on 06.12.2006. After notice both parties appeared, the

workman files their written statement on 22.06.2007 and

after that he files rejoinder on 06.02.09.

3. In this case, both the MWs have consistently

stated that the workman was never worked in their

establishment. They further stated that the documents filed

by the workman are photocopies and such are not

admissible in evidence and such photocopies have taken

is fabricated documents.

4. The learned counsel for the workman gave stress

on a document which was on BSNL pad, in which the

concerned workman ordered to give telephone connection

to some one. On which the learned counsel for the

management is submitted that on the said pad, no letter

No. of the company is there. The person signed on the said

document is not an officer of the BSNL and as such the

said lone document should not be accepted as evidence.

More ever that is a photocopy.

5. The workman examined in the case has stated that

he has not having any appointment letter. He further stated

that T.T.A. is not an officer of BSNL.

6. The T.T.A MW-2 though examined his evidence

has no help either to the management or to the workman.

He also says that Ext. W-6 does not bear his signature.

7. In this case there is not adequate evidence, to

hold that the workman was working in the BSNL in any

capacity.

8. Considering the fact and circumstance, I hold that

the action of the management of BSNL is legal and justified.

Hence the workman Sri Ramdeo Kumar is not entitled any

relief. The reference passed against the workman.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 24 fnlEcj] 2013

dkñvkñ 86.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; izlkj

Hkkjrh fuxe] vkdk'kok.kh 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;&1] /kuckn ds iapkV

¼lanHkZ la[;k 46@2008½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 24-12-2013 dks izkIr gqvk FkkA

[lañ ,y&42012@58@2008&vkbZvkj ¼Mh;w½]

ih-ds- os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 24th December, 2013

S.O. 86.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 46/2008)

of the Central Government Industrial Tribunal/Labour

Court-1, Dhanbad now as shown in the Annexure, in the

industrial dispute between the employers in relation to the

management of Prasar Bharti Corporation of India,

Akashwani and their workman, which was received by the

Central Government on 24.12.2013.

[No. L-42012/58/2008-IR(DU)]

P. K. VENUGOPAL, 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 the

Industrial Dispute Act, 1947

Reference No. 46 of 2008

PARTIES : Employers in relation to the management of

Prasar Bharti Corporation of India, Akashwani

AND

Their Workmen

PRESENT

:

Shri RANJAN KUMAR SARAN,

Presiding Officer

APPEARANCES:

For the Management

:

None

For the Union/workman

:

None

State: Jharkhand

Industry : Information &

Broadcasting

Dated : 12-2-2013

AWARD

By Order No. L-42012/58/2008-IR (DU), dt. 06.10.2008,

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 dispute

for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Prasar

Bharti Corporation of India, Akashwani in terminating

the service of their workman Shri Sanjay Kumar and

Shri Basuki Prasad Sharma without complying

Section 25 (F) of the I.D. Act and not regularizing

them in service in the post of Announcer-cum-

compare is legal and justified?: To what relief the

concerned workman are entitled to?"

After having received the Order No. L-42012/58/2008-

IR (DU) dt. 06.10.2008, the aforesaid reference from the

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

154

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

adjudication of the dispute as reference case No. 46 of

2008 was registered on 02.10.2008 but till 17.1.2013 no

Written Statement and document was filed on behalf of the

Union/workman. Ultimately two notices were issued to the

sponsoring Union for filling of Written Statement &

document by speed post/Registered post but till 17.1.2013

no one appears nor any steps have been taken by them.

In view of such circumstance it seems that the

workman or the Union is not interested to contest their

case further. And as such, it is ordered:

ORDER

That let a "No Dispute" Award be passed. Send the

copies of the award to the Govt. of India, Ministry of Labour

& Employment, New Delhi for information and needful.

Reference is accordingly disposed off.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 24 fnlEcj] 2013

dkñvkñ 87.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV cSad

izcaèra= ds lac) fu;kstdkas 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 236@99½ dks izdkf'kr djrh g]S tks

dsUnzh; ljdkj dks 24-12-2013 dks izkIr gqvk FkkA

[lañ ,y&12012@82@99&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 24th December, 2013

S.O. 87.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. 236/99) 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

24.12.2013.

[No. L-12012/82/99-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/236/99

SHRI R.B. PATLE, Presiding Officer

Shri Manoj Kumar Yadav,

S/o Shri M.P. Yadav,

SBI Colony, E/4, Sector-6,

Distt. Durg (MP)

..... Workman

Versus

Branch Manager,

State Bank of India,

Market Branch,

Sector-10,

Bhilai, Distt Durg (MP)

Assistant General Manager,

State Bank of India, Region-III,

Shankar Nagar,

Raipur (MP)

...... Management

AWARD

(Passed on this 29th day of October, 2013)

1. As per letter dated 18-6-99 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-12012/

82/99-IR(B-I). The dispute under reference relates to:

"Whether the termination of service of Shri Manoj

Kumar Yadav, S/o Shri M.P. Yadav, Ex-Temporary

Messenger-cum-Farrash at Section 10 Branch of State

Bank of India Bhilai vide letter No. s-119 dated

24-2-97 is justified? If not, to what relief the workman

is entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party workman filed statement of claim at

Page 4/1 to 4/4. Case of Ist party workman is that he was

temporarily appointed on post of messenger by IInd party

on daily rated basis. He was appointed for intermittent

duration shown in para-2 of his statement of claim. He

claims that he was working for whole year in 1996 and 55

days from January 97 to 24-2-97. That he had performed

duties of messenger more than 240 days in calendar year.

He had acquired status of permannent employee within

Section 25 (B) of I.D. Act. That IInd Party was given artificial

break. The work was available, the post was also available

but the IInd party abruptly discontinued services from

24-2-97 without issuing showcause notice. There was no

adverse report against him. He worked with devotion,

obediently.

3. Ist party workman further submits that as per order

dated 16-1-90, he was called for interview for post of

messenger by the Regional Manager. He was interviewed

on 31-1-90. He was selected for post of messenger in the

vacant post. The Regional Manager Raipur vide letter dated

19-9-95 directed Branch Manager to select one messenger

for these branches as they were suitable candidates

selected after interview. The Branch manager Bhilai

appointed Ist party as messenger on different posts. That

his discontinuation without notice is illegal retrenchment.

Section 25-F (a,b,c) of I.D. Act were not complied. Principles

of natural justice were not followed. He was not given

opportunity of re-employment. Fresh candidates were

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

155

appointed by IInd party. Thus IInd party violated Section

25-F of I.D.Act. On such grounds, Ist party prays for his

reinstatement with consequential benefits.

4. IInd party filed Written Statement at Page 8/1 to

8/10. The name of Ist party workman is denied outright. As

per IInd party, Ist party workman worked for 74 days, 55

days in 1985 and 85 days in 1996-97. Details given in

Para-1 of the Written Statement. That Ist party not worked

for 240 days during any of the year is not covered as

workman under Section 25(B) of I.D. Act. That Ist party

was employed on contract basis for 85 years. Workman

was employed on daily wages. His contract ended every

days at end of the day. His discontinuation is covered

under Section 2(00)(bb) of I.D. Act. Workman was

interviewed on 31-1-90 along with other eligible candidates.

He was selected and was kept on waiting list. However he

cannot claim right to be absorbed in the Bank. Ist party

employee was daily rated employee for few days as per

exigency of the work. That Ist party was given opportunity

to place permanent selection, he was interviewed. His name

was figured much below of the waiting list. Therefore he

could not be appointed. That the present interview doesnot

get right of appointment as his name was figured low in

Waiting List. The allegation of workman is denied. IInd

party prays for rejection of claim of workman.

5. Workman filed rejoinder at Page 9/1 to 9/3

reiterating his contentions in the statement of claim.

6. Considering pleadings on record, the points which

arise for may consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the termination of

In Affirmative

service of Shri Manoj Kumar

Yadav, S/o Shri M.P. Yadav,

Ex-Temporary Messenger-cum-

Farrash at Section 10 Branch of

State Bank of India Bhilai vide letter

No. s-119 dated 24-2-97 is legal?

(ii) If not, what relief the workman

Relief prayed by

is entitled to?"

workman is rejected.

REASONS

7. Though workman is challenging termination of his

service from 24-2-97 on the ground of discrimination,

violation of Section 25-F, H of I.D. Act, he failed to adduce

any evidence in support of his claim. The evidence of

workman was closed on 1.7.2013.

8. Management filed affidavit of evidence of witness

Shri Vijay Vasant Raikwad covering most of the contentions

of IInd party. Management's witness has stated that Ist

party workman worked for 74 & 55 days in 1985, 85 days in

1996-97 at different branches. That workman had not

completed 240 days service in one calendar year. His

evidence remained unchallenged as Ist party workman did

not cross-examine the management's witness. Workman

has not adduced evidence. He has not cross-examined

witness of the management's witness. Therefore there is

no evidence to establish that termination of his services is

in violation of Section 25-F of I.D. Act. Therefore I record

my finding in Point No. 1 in Affirmative.

9. In the result, award is passed as under:—

(i) Termination of service of Shri Manoj Kumar Yadav,

S/o Shri M.P. Yadav, Ex-Temporary Messenger-cum-

Farrash at Section 10 Branch of State Bank of India

Bhilai vide letter No. s-119 dated 24-2-97 is proper.

(2) Relief prayed by workman is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 24 fnlEcj] 2013

dkñvkñ 88.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ 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

vfèdj.k] tcyiqj ds iapkV ¼lanHkZ la[;k 50@99½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 24-12-2013 dks izkIr gqvk FkkA

[lañ ,y&12012@146@98&vkbZvkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 24th December, 2013

S.O. 88.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. 50/99) 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 workman, received by the Central Government on

24.12.2013.

[No. L-12012/146/98-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/50/99

SHRI R.B. PATLE, Presiding Officer

Shri Abdul Khalique Khan,

10, Tilak Nagar,

Dewas (MP)

...Workman

Versus

Managing Director,

State Bank of Indore

State Bank of India (after Merger),

156

THE GAZETTE OF INDIA : JANUARY 4, 2014/PAUSA 14, 1935

[PART II—SEC. 3(ii)]

Head Office, 5, Y.N. Road

Indore.

...Management

AWARD

(Passed on this 1st day of November 2013)

1. As per letter dated 31.12.98 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-12012/146/98/IR(B-I). The dispute under reference relates

to:

"Whether the action of the management of Managing

Director, State Bank of Indore (State Bank of India

after merger) in terminating the services of Shri Adbul

Khalique Khan w.e.f. 13.3.97 is justified? If not, to

what relief the workman is entitled for?"

2. After receiving reference, notices were issued to

the parties. Workman filed statement of claim at Page 2/1 to

2/6. Case of workman is that as per order dated 13.3.97,

penalty or removal from service is passed against him. The

legality of the order of removal from service is challenged

by this reference. It is further submitted that the workman

entered service in State Bank of Indore as clerk on 16.9.72.

Because of his meritorious service, he was promoted as

Teller. That no adverse report was received against him. As

per ordersheet dated 24-3-94, he was placed under

suspension. Chargesheet was issued to him on 22-9-94.

3 charges were alleged against him pertaining to

embezelment of money, making false entries in pass book,

issuing pass book of loan account without permission and

authentication and discounting of cheques relating to large

amounts. That additional chargesheet was issued to him

on 11-10-94 alleging charges of making fake pass book

entries, obtaining payment of cheques against clearing,

making of entries in self account which cannot be treated

as normal transactions.

3. Workman has also pleaded that the enquiry

proceedings were conducted in which the employees and

the officers of the branch concerned were produced as

witnesses. The enquiry was not properly couducted, no

handwriting expert was consulted or produced before the

enquiry for establishing that the entries made in the pass

book and other documents were in his handwriting. The

customers had given statements that no money is due to

them from workman. That workman had submitted before

Enquiry Officer that the documents pass book, slips should

be subjected to scrutiny by expert. That Enquiry Officer

recorded findings that charges were proved. The findings

of the Enquiry Officer are based on conjectures without

supporting evidence. That there is no evidence to prove

the charges. The management had tried to inflict penalty

without justifying the chargesheet issued to him. On such

ground, workman prays for setting aside the order of his

removal from service.

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

6/10. It is not disputed that workman was initially appointed

as clerk on 16-9-92. He was promoted to the post of Teller

posted at Bank Note Press Branck, Dewas from 30-5-83.

That while Ist party workman was posted as letter in Bank

Note Press, Branch Deveas, he committed acts of omission,

mis-appropriation, irregularities. Complaints were received

from customer. After receving complaint, Bank decided to

make preliminary investigation. Shri Neeraj Nayak an officer

of the Bank was entrusted to make preliminary investigation

of the complaint. After receiving preliminary investigation

report, workman was suspended on 24-3-94. The

chargesheet was issued and enquiry was conducted

against workman. Workman was given opportunity for his

defence. That Shri Ram Atre was appointed as Enquiry

Officer and Shri H.K. Gupta was Presenting Officer. The

copy of preliminary report was furnished to the workman.

The Departmental enquiry was conducted on various

dates. The statements of management's witnesses Ashok

Dubey, Rajeev Pednekar, Pramod Moghe, Girish Dubey

and Ramnarayan Parmar were recorded. Witnesses were

cross-examined by Defence Representative. Principles of

natural justice were followed. The charges were proved

from evidence in the Enquiry Proceedings. The Enquiry

Report was served on Ist party workman. The Disciplinary

Authority exercised powers in Para-21 (4)(b) of Bipartite

Settlement dated 14-2-95 imposed punishment of removal

of service of Ist party workman. The period spent from him

for suspension was to be treated as off duty. The appeal

filed by workman was rejected. All other advers contentions

of Ist party workman are denied by IInd party. IInd party

prays for rejection of claim.

5. Vide order dated 16-3-2012, my predecessor found

enquiry conducted against workman as legal. That

management has no need to prove misconduct by evidence

in Court.

6. Considering pleadings on record, the points

which arise for my consideraton 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 Managing

Director, State Bank of Indore

(State Bank of India after merger)

in terminating the services of Shri

Abdul Khalique Khan w.e.f.

13-3-97 is legal?

(ii) Whether workman is entitled

In Negative

to benefit of superannuation?

(iii) If not, what relief the

Relief rejected.

workman is entitled to?

REASONS

7. Issue No. 1-As stated above, enquiry conducted

against workman is found legal and proper. Management

is not required to adduce evidence to prove misconduct of

the workman. Thus the question remains whether the

misconduct alleged against workman is proved from

evidence in Enquiry Proceedings or findings of Enquiry

Officer are not supported by evidence. The record of

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % tuojh 4] 2014@ikS"k 14] 1935

157

Enquiry Proceedings is produced. The witnesses of the

management were cross-examined by Defence

Representative. As learned counsel for workman did not

advanced any argument about the findings of the Enquiry

Officer and evidence in the Enquiry Proceedings.

Absolutely no arguments were advanced that findings of

Enquiry Officer that misconduct alleged against workman

are proved therefore I make a precise reference that

witnesses of the management have stated that the entries

in pass book and relevant documents were in handwriting

of Ist party workman. The Ist party workman has exercised

in his pleadings as well as before the Enquiry Officer that

opinion of expert should be obtained about signatures of

documents, pass books, pay slips etc. The evidence of

Enquiry Officer clearly shows that he had not obtained

opinion of handwriting expert. He had compared signature

of workman from the documents in Bank with the signatures

on relevant documemt. The burden of proof in domestic

enquiry is not similar to burden of proof in criminal

proceedings. The degree of burden of proof is much less in

matter of Departmental Enquiry. The charges are not

required to be proved beyond reasonable doubts as in

criminal case. The evidence is to establish probabilities

needs to be considered. As discussed above, learned

counsel for Ist party workman. Shri N.K. Salunke did not

advanced arguments about findings of Enquiry Officer are

not supported by sufficient evidence or any evidence or

whether it is case of no evidence. The learned counsel

rather advanced arguments that order removal was passed

as per Para 21(4)(b) of the standing orders. It was

emphasized that workman be given superannuation claims.

That the application was also submitted along with

statement of claim but no order was passed.

8. Learned counsel for IInd party Mr. Mishra

appearing for his Sr. Rajnish Gupta Advocate submitted

that the superannuation dues can be paid if found eligible.

There was no dispute that State Bank of Indore is merged

in State Bank of India. Careful examination of record of

Enquiry Proceeding shows that findings of Enquiry Officer

are supported by evidence and same cannot be said

perverse.

9. Learned counsel for Ist party workman Shri Salunke

submitted that the Appellate Authority had made

observations about the superannuation benefits is justified.

Considering arguments advanced by learned counsel that

directions may be given to the management for payment of

superannuation benefit to workman, it is necessary to refer

to observations made by the Appellate Authority in his

order. At Page 2 of the order passed by Appellate

Authority, it is observed that I have come to the conclusion

that punishment of removal from service as contained in

Para 21(b) of Bipartite Settlement dated 14-2-95 which

doesnot disqualify you from other superannuation benefits

is justified. In these circumstances, there is no justification

to interfere with the punishment imposed by the

Disciplinary Authority. The appeal was dismissed and the

order of Disciplinary Authority was confirmed. The

Discipilinary Authority has passed final order of

punishment dated 17-3-97 (D-15). At page 3, the Disciplinary

Authority writes your past record of service and also your

prayer for compassion, I impose following punishment on

you as contemplated in Para 21(iv)(b) of the Bipartite

Settlement dated 14-2-1995—

"Removal from service" Period spent by you

suspension shall be treated as off duty and

consequently you are not entitled to any salary,

allowance increments, other benefits to which you

would have been entitled to had you been on duty.

Copy of Bipartite Settlement is produced on record.

Clause 21(iv)(b) Document 4/108 provides—

(iv) In supersession of clause 19.6 of the Settlement

dated 19-10-66 between IBA ad AIBEA para (521(5) of the

Sastry award ad para 18.28 of the Desai award, clause

17.6 of the settlement between IOB ad AIOBEU dated

14-12-66 and Clause 19.6 of the Settlement between BOB

and AIBOBEF dated 23-12-1966 and Clause IV(3) of the

Settlement dated 31-10-1979, an employee found guilty of

gross misconduct may—

(a) .......................

(b) Be compulsorily retired/removed from service/

discharged with superannuation benefits as would

be due otherwise at that stage and without

disqualification from future employment is not

connected with the punishment of compulsory

retirement or removal from service.

The benefit imposed by the Disciplinary Authority

is of removal from service. The order of Disciplinary

Authority is silent about the superannuation benefit rather

the order of the Disciplinary Authority speaks that the

period of suspension would be treated on duty and the

workman would not get any allowances as if he would

have received while on duty. Thus the order of punishment

imposed by the Disciplinary Authority doesnot includes

payment of superannuation benefit to the workman though

the Appellate Authority has made certain observations

about entitlement of superannuation benefits to the

workman. However the order passed by Disciplinary

Authority was not modified/altered. The appeals has been

dismissed. Therefore I do not find substance in the

argument advanced by the learned counsel for workman.

Considering the misconduct relating to mis-appropriation

of amount, punishment cannot be said disproportionate.

For above reasons, I record my finding in Point No. 1, 2 in

Affirmative.

10. In the result, award is passed as under:—

(1) Action of the management of Managing Director,

State Bank of Indore (State Bank of India after merger)

in terminating the services of Shri Abdul Khalique

Khan w.e.f. 13-3-97 is proper.

(2) Relief prayed by workman is rejected.

R.B. PATLE, 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.