foÙk ea=ky;

¼foÙkh; lsok,a foHkkx½

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 904.—dsUnzh; ljdkj] ,rn~}kjk] _.k olwyh vf/kdj.k] jkaph ds LFkku dks uhps nh xbZ lkj.kh ds dkWye 3 esa mfYyf[kr LFkku dh

txg lkj.kh ds dkWye 4 esa mfYyf[kr LFkku ij 24 Qjojh] 2014 ls uhps fn, x, fooj.k ds vuqlkj ifjofrZr djrh gS%—

Øe

_.k olwyh

og LFkku tgka

og LFkku tgka vf/kdj.k dke

lañ

vf/kdj.k

vf/kdj.k dke dj jgk

djsxk

gS

1-

_.k olwyh

cnzh ukjk;.k Hkou

_.k olwyh vf/kdj.k] izxfr

vf/kdj.k] jkaph

LVªhV] jkrw jksM] iksLV

lnu] ¼vkjvkjMh, fcfYMax½

vkfQl&gsgy] jkaph&

ikapoha eafty] dVpsjh jksM]

834005 ¼>kj[k.M½

iksLV vkfQl&thihvks] jkaph&834001

¼>kj[k.M½

[Qkñ lañ 20@5@2001&MhvkjVh]

jktho 'kekZ] voj lfpo

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- 11]

ubZ fnYyh, ekpZ 9—ekpZ 15] 2014] 'kfuokj@iQkYxqu 18—iQkYxqu 24] 1935

No. 11]

NEW DELHI, MARCH 9—MARCH 15, 2014, SATURDAY/PHALGUNA 18—PHALGUNA 24, 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)

908 GI/2014

(2409)

2410

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 24th February, 2014

S.O. 904.—The Central Government hereby notifies the change in the location of Debts Recovery Tribunal, Ranchi from

the place mentioned in column 3 to the place mentioned in column 4 in the table with effect from 24th February, 2014.

Sl.

Debts Recovery

Place where the Tribunal

Place at which the

No.

Tribunal

was functioning from

Tribunal will function from

(i)

Debts Recovery

Badri Narayan Bhawan

Debts Recovery Tribunal,

Tribunal, Ranchi

Street, Ratu Road, P.O.-

Pragati Sadan (RRDA

Hehal, Ranchi-834005

Building), 5th Floor,

(Jharkhand)

Kutchery Road, P.O.-GPO,

Ranchi-834001 (Jharkhand).

[F. No. 20/5/2001-DRT]

RAJIV SHARMA, Under Secy.

the Central Government with the consent of the State

Government of Kerala, Home (M) Department,

Thiruvananthapuram vide Notification G.O. (Ms.) No. 199/

2013/Home dated 16th August, 2013, hereby extends

powers and jurisdiction of the members of the Delhi Special

Police Establishment to the whole State of Kerala for

investigation of Crime No. 416/2013 under sections 120-B

and 406 of the Indian Penal Code, 1860 (Act No. 45 of 1860)

and section 65 of the Information Technology Act, 2000

(Act No. 21 of 2000) registered at Police Station

Kunnamangalam, District Kozhikkode, Kerala relating to

the alteration of marks of the Common Admission Test

(CAT) conducted for selecting candidates to the Indian

Institute of Management (IIM) across the country and

many other people involving large scale embezzlement of

money and tax evasion and attempts, abetments and

conspiracies in relation to the above mentioned offences.

[F. No. 228/80/2013-AVD-II]

RAJIV JAIN, Under Secy.

ubZ fnYyh] 20 Qjojh] 2014

dkñvkñ 906.—dsanzh; ljdkj ,rn~}kjk fnYyh fo'ks"k iqfyl LFkkiu

vf/kfu;e] 1946 ¼1946 dk vf/kfu;e lañ 25½ dh /kkjk 6 ds lkFk

ifBr /kkjk 5 dh mi&/kkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,

dukZVd ljdkj ds x`g foHkkx ¼vijk/k½ caxykSj ds fnukad 29

vDrwcj] 2013 ds vkns'k lañ ,pMh 79 lhvksMh 2013 }kjk izkIr

lgefr ls vk;qDr] jkeuxj] puiêu 'kgjh fodkl izkf/kdj.k

chñ,eñ jksM] btwj] jkeuxj] dukZVd vkSj vU; xSj ljdkjh O;fDr;ksa

ds fo#) jkeuxj] puiêu 'kgjh fodkl izkf/kdj.k esa

9-90 djksM+ ¼ukS djksM+ vkSj uCcs yk[k½ #i, ds nqfoZfu;kstu rFkk

mi;ZqDr vijk/kksa ds iz;kl] nq"izsj.k vkSj "kM~;a= rFkk buds leku gh

vU; rF;ksa ls mRiUu vijk/k ;k vijk/kksa ds vUos"k.k ds laca/k esa

dkfeZd] yksd f'kdk;r ,oa isa'ku ea=ky;

¼dkfeZd vkSj izf'k{k.k foHkkx½

ubZ fnYyh] 20 Qjojh] 2014

dkñvkñ 905.—dsanz ljdkj ,rn~}kjk fnYyh fo'ks"k iqfyl LFkkiu

vf/kfu;e] 1946 ¼1946 dk vf/kfu;e lañ 25½ dh /kkjk 6 ds lkFk

ifBr /kkjk 5 dh mi&/kkjk ¼1½ ds }kjk iznÙk 'kfDr;ksa dks iz;ksx djrs

gq, dsjy jkT; ljdkj] x`g ¼,e½ foHkkx] fr#ouariqje ds fnukad

16 vxLr] 2013 dh vf/klwpuk thñvksñ ¼,e,l½ lañ 199@2013@x`g

}kjk izkIr lgefr ls ns'k Hkj ds Hkkjrh; izca/ku laLFkkuksa ¼vkbZvkbZ,e½

esa vH;fFkZ;ksa ds p;u gsrq lapkfyr lkekU; izos'k ijh{kk ¼dSV½ ds

vadksa esa Qsj&cny djus rFkk cM+h ek=k esa /ku ds xcu vkSj dj&oapu

esa lafyIr vusd vU; yksxksa vkSj mDr vijk/kksa ls lacaf/kr ;k buls

tqM+s iz;klksa] nq"izsj.kkvksa vkSj "kM~;a=ksa dk vUos"k.k djus ds laca/k esa

iqfyl Fkkuk dqUueaxye] ftyk dksthdksM] dsjy esa Hkkjrh; naM

lafgrk] 1860 ¼1860 dkvf/kfu;e la[;k 45½ dh /kkjk 120&[k vkSj

406 rFkk lwpuk izkS|ksfxdh vf/kfu;e] 2000 ¼2000 dk vf/kfu;e

la[;k 21½ dh /kkjk 65 ds rgr ntZ vijk/k lañ 416@2013 dh tkap

gsrq fnYyh fo'ks"k iqfyl LFkkiu ds lnL;ksa dh 'kfDr;ksa vkSj vf/kdkj

{ks= dk foLrkj laiw.kZ dsjy jkT; ij djrh gSA

[Qkñ lañ 228@80@2013&,ohMh&II]

jktho tSu] voj lfpo

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES

AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 20th February, 2014

S.O. 905.—.In exercise of the powers conferred by sub-

section (1) of Section 5 read with Section 6 of the Delhi

Special Police Establishment Act, 1946 (Act No. 25 of 1946),

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2411

iqfyl LVs'ku] btwj] jkeuxj] VkÅu lfdZy] jkeuxj ftyk] dukZVd

esa Hkkjrh; naM lafgrk 1860 ¼1860 dk vf/kfu;e la[;k 45½ dh

/kkjk 34] 409] 420] 468 vkSj 471 ds rgr ntZ fnukad 16-07-2013

dh izkFkfedh la[;k 0123@2013 dh tkap ds fy, fnYyh fo'ks"k

iqfyl LFkkiu ds lnL;ksa dh 'kfDr;ksa vkSj vf/kdkj {ks= dk foLrkj

lEiw.kZ dukZVd jkT; ij djrh gSA

[Qkñ lañ 228@8@2014&,ohMh&II]

jktho tSu] voj lfpo

New Delhi, the 20th February, 2014

S.O. 906—In exercise of the powers conferred by sub-

section (1) of Section 5 read with Section 6 of the Delhi

Special Police Establishment Act, 1946 (Act No. 25 of

1946), the Central Government with the consent of the

State Government of Karnataka, Home Department

(Crimes), Bangalore vide Order No. HD 79 COD 2013 dated

29th October, 2013, hereby extends the powers and

jurisdiction of the members of the Delhi Special Police

Establishment to the whole of the State of Karnataka for

investigation of FIR No. 0123/2013 dated 16.07.2013 under

sections 34, 409, 420, 468 and 471 of the Indian Penal

Code, 1860 (Act No. 45 of 1860) and other offences

registered at Police Station Ijoor, Ramanagara Town Circle,

Ramanagara District Karnataka against the Commissioner,

Ramanagara Channapattan Urban Development

Authority, B.M. Road, Ijoor, Ramanagara, Karnataka and

other private persons relating to misappropriation of

Rs. 9.90 crores (Rupees Nine Crores and Ninety Lakhs

only) in Ramanagara Channapattan Urban Development

Authority and attempts, abetments and conspiracies in

relation to or in connection with the above mentioned

offences and any other offence or offences arising out of

the same facts.

[F. No. 228/8/2014-AVD-II]

RAJIV JAIN, Under Secy.

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

¼miHkksDrk ekeys foHkkx½

Hkkjrh; ekud C;wjks

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 907.—Hkkjrh; ekud C;wjks fu;e 1987 ds fu;e 7 ds mifu;e ¼1½ ds [k.M ¼[k½ ds vuqlj.k esa Hkkjrh; ekud C;wjks ,rn~}kjk vf/

klwfpr djrk gS fd ftu Hkkjrh; ekudksa dk fooj.k uhps vuqlwph esa fn;k x;k gS os LFkkfir gks x, gaS%—

lkj.kh

Øe

LFkkfir Hkkjrh; ekud¼dksa½ dh

u;s Hkkjrh; ekud }kjk vfrØfer Hkkjrh;

LFkkfir frfFk

la[;k

la[;k] o"kZ vkSj 'kh"kZd

ekud vFkok ekudksa] ;fn dksbZ gks] dh

la[;k vkSj o"kZ

1-

vkbZ ,l 10524&¼Hkkx 3½%2005

—

fnlEcj] 2013

eSfMdy xSlksa ds lkFk iz;ksx gksus okys izS'kj jsxqysVj

Hkkx 3 flysaMj okYo ds lkFk ,dhd`r izS'kj jsxqysVj

2-

vkbZ ,l 10524&¼Hkkx 4½%2008

—

fnlEcj] 2013

eSfMdy xSlksa ds lkFk iz;ksx gksus okys izS'kj jsxqysVj

Hkkx 4% de izS'kj ds jsxqysVj

bl ekud dh izfr;ka Hkkjrh; ekud C;wjks] ekud Hkou] 9] cgknqj 'kkg t+Qj ekxZ] ubZ fnYyh&110002] ,oe~ {ks=h; dk;kZy;ksa % ubZ fnYyh]

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

dkuiqj] ukxiqj] iVuk] iq.ks rFkk dksph esa fcØh gsrq miyC/k gSaA

[lanHkZ ,e ,p Mh@th&3-5]

,lñ fd'kksj dqekj] oSKkfud ^,Q* ,oa izeq[k ¼,e ,p Mh½

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

BUREAU OF INDIAN STANDARDS

New Delhi, the 24th February, 2014

S.O. 907.—In pursuance of clause (b) of sub-rule (1) of Rule 7 of the Bureau of Indian Standards Rules, 1987, the Bureau

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

have been issued :—

2412

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

SCHEDULE

Sl.

No. & Year of the

No. and year of Indian Standards, if any,

Date

No.

Indian Standards

superseded by the new Indian Standard

established

1.

IS/ISO 10524-3:2005 Pressure

Nil

December, 2013

Regulators for use with medical gases

Part 3: Pressure regulators integrated

with cylinder valves

2.

IS/ISO 10524-4: 2008 Pressure

Nil

December, 2013

Regulators for use with medical gases

Part 4: Low-Pressure regulators

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

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

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

Kochi.

[Ref. MHD/G-3.5]

S. KISHORE KUMAR, Scientist 'F' & Head (MHD)

ubZ fnYyh] 6 ekpZ] 2014

dkñvkñ 908.—vf/klwpuk la[;k dkñ vkñ 1795 fnukad 13 twu] 2007 ds vf/kxzg.k esa Hkkjrh; ekud C;wjks fu;e] 1987 ds fu;e 9 ds

mifu;e ¼1½ ds vuqlj.k esa Hkkjrh; ekud C;wjks uhps vuqlwph esa fn;s x;s fofHkUu izca/k i)fr izek.ku laca/kh ekud eqgj ds fMt+kbu rRdky

izHkko ls vf/klwfpr djrk gS%—

Øe

ekud eqgj dk fMt+kbu

izca/k i)fr dh

Hkkjrh; ekud dh la[;k

la[;k

fdLe~

1-

Hkkjrh; ekud C;wjks IS/ISO 9001

xq.krk izca/k i)fr

vkbZ,l@vkbZ,lvks 9001

Bureau of Indian Standard

2-

Hkkjrh; ekud C;wjks IS/ISO 50001

ÅtkZ izca/k i)fr

vkbZ,l@vkbZ,lvks 50001

Bureau of Indian Standard

[lUnHkZ ,e ,l lh Mh@2%1%3]

e/kqfydk izdk'k] miegkfuns'kd ¼ihih ,aM lh½

New Delhi, the 6th March, 2014

S.O. 908.— In supersession of Notification, No. S.O. 1795 dated 13th June, 2007 and in pursuance of sub-rule (1) of Rule

9 of the Bureau of Indian Standards Rules 1987, the Bureau of Indian Standards hereby notifies the Standard Mark for

various Management Systems Certification in accordance with the relevant Indian Standards as given in the schedule

below with immediate effect:

Sl.

Design of the Standard Mark

Type of Management

No. of the Indian

No.

System

Standards

1-

Hkkjrh; ekud C;wjks IS/ISO9001

Quality Management

IS/ISO 9001

Bureau of Indian Standard

System

2-

Hkkjrh; ekud C;wjks IS/ISO 50001

Energy Management

IS/ISO 50001

Bureau of Indian Standard

System

[Ref. MSCD/2:1:3]

MADHULIKA PRAKASH, Dy. Director, General (PP&C)

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2413

ukxj foekuu ea=ky;

¼,,vkbZ vuqHkkx½

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 909.—Hkkjrh; foekuiÙku izkf/kdj.k vfèfu;e] 1994

¼1994 dk 55½ dh /kkjk 3 ds rgr iznÙk 'kfDr;ksa dk iz;ksx djrs gq,

dsUnz ljdkj] ukxj foekuu ea=ky; ds fuEufyf[kr vf/kdkfj;ksa dks

rRdky izHkko ls Hkkjrh; foekuiÙku izkf/kdj.k cksMZ esa fu;qDr djrh

gS%—

1- Jh izHkkr dqekj ¼vkb , ,l½( ukxj foekuu egkfuns'kd

dks Jh v#.k feJ ¼vkbZ , ,l½ ds LFkku ij Hkkjrh;

foekuiÙku izkf/kdj.k ds cksMZ esa insu lnL; ds :i esa( vkSj

2- Jh ,eñ dUuu] vkfFkZd lykgdkj] ukxj foekuu ea=ky;

dks Jh vkyksd flUgk] la;qDr lfpo] ukxj foekuu ea=ky;

ds LFkku ij Hkkjrh; foekuiÙku izkf/kdj.k ds cksMZ esa

va'kdkfyd lnL; ds :i esaA

[lañ ,oh&24015@5@2013&,,vkbZ]

lSÕ;n bejku vgen] voj lfpo

MINISTRY OF CIVIL AVIATION

(AAI SECTION)

New Delhi, the 21st February, 2014

S.O. 909.—In exercise of the powers conferred under

section 3 of the Airports Authority of India Act, 1994 (No.

55 of 1994), the Central Government hereby appoints

following Officers of Ministry of Civil Aviation on the Board

of Airports Authority of India with immediate effect:

1. Shri Prabhat Kumar (IAS), Director General of Civil

Aviation as Ex-officio Member on the Board of Airports

Authority of India vice Shri Arun Mishra (IAS); and

2. Shri M. Kannan, Economic Adviser, Ministry of Civil

Aviation as part-time Member on the Board of Airports

Authority of India vice Shri Alok Sinha, Joint Secretary,

Ministry of Civil Aviation.

[No. AV-24015/5/2013-AAI]

SYED IMRAN AHMED, Under Secy.

fo|qr ea=ky;

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 910.—dsanzh; ljdkj] jktHkk"kk ¼la?k ds 'kkldh; iz;kstuksa

ds fy, iz;ksx½ fu;e] 1976 ds fu;e 10 ds mi&fu;e ¼4½ ds

vuqlj.k esa fo|qr ea=ky; ds iz'kklfud fu;a=.kk/khu ikoj fxzM

dkjiksjs'ku vkWQ bafM;k fyfeVsM ds 400 dsoh midsUnz] 21 fdñehñ

ekbZy LVksu uSuhrky jksM] iksLV&vkVkekaMk] cjsyh&243202 ftlds

80 izfr'kr deZpkjho`an us fganh dk dk;Zlkèd Kku izkIr dj fy;k gS]

,rn~}kjk vf/klwfpr djrh gSA

[lañ 11017@10@2013&fganh]

jhrk vkpk;Z] la;qDr lfpo

MINISTRY OF POWER

New Delhi, the 24h February, 2014

S.O. 910.—In pursuance of Sub-rule (4) of Rule 10 of

the Official Language (use for official purpose of the union)

Rules, 1976, the Central Government hereby notify Limited

400 KV Substation, 21 KM. Mile Stone, Nainital Road, Post

: Attamanda, Bareilly-243202 of the Power Grid Corporation

of India Ltd. under the administrative control of Ministry

of Power, where 80% of the staff have acquired working

knowledge of Hindi.

[No.11017/10/2013-Hindi]

RITA ACHARYA, Jt. Secy.

LokLF; ,oa ifjokj dY;k.k ea=ky;

¼LokLF; ,oa ifjokj dY;k.k foHkkx½

ubZ fnYyh] 3 ekpZ] 2014

dkñvkñ 911.—tcfd Hkkjrh; fpfdRlk ifj"kn( la'kks/ku

v/;kns'k] 2013 dh /kkjk 3d dh mi/kkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq, fnukad 06 uoacj] 2013 dks Hkkjrh; fpfdRlk ifj"kn

dk iquxZBu fd;k x;k%

vkSj tcfd dsUnz ljdkj us Hkkjrh; vk;qfoZKku ifj"kn~ vf/kfu;e]

1956 ¼1956 dk 102½ dh /kkjk 3 dh mi&/kkjk ¼1½ ds [kaM ¼x½ ds

vuqlj.k esa iathd`r vk;qfoZKku Lukrd fuokZpu {ks=ksa ls lnL;ksa dk

fuokZpu fd;k vkSj fuEufyf[kr O;fDr dks bl vf/klwpuk ds tkjh

gksus dh frfFk ls pkj o"kks± ds fy, Hkkjrh; vk;qfoZKku ifj"kn~ ds lnL;

ds :i esa fuokZfpr fd;k x;k gSA

vr% vc mDr vf/kfu;e dh /kkjk 3 dh mi&/kkjk ¼1½ ds micaè

ds vuqlj.k esa dsUnz ljdkj }kjk Hkkjr ljdkj ds rRdkyhu LokLF;

ea=ky; dh fnukad 9 tuojh] 1960 dh vf/klwpuk la[;k dkñvkñ

138 esa fuEufyf[kr la'kks/ku fd, tkrs gSa( vFkkZr~%

Hkkjr ljdkj] LokLF; ,ao ifjokj dY;k.k ea=ky; dh fnukad

06 uoacj] 2013 dh vf/klwpuk la[;k dkñvkñ 3324 ¼v½ esa vafre

izfof"V rFkk rRlaca/kh izfof"V esa fuEufyf[kr dks tksM+k tk,xk] vFkkZr~%

Øeñ lañ

iathd`r fpfdRlk

fuokZfpr lnL; dk fooj.k

fuokZpu dh

Lukrd fuokZfpr

izfØ;k

{ks= dk uke

11-

v#.kkpy izns'k

Mkñ rkvks dkdh] esfMdy

fufoZjks/k

fo'ks"kK ¼lsysD'ku xzsM½]

fuokZfpr

fpfdRlk foHkkx] v#.kkpy

jkT; vLirky] ukgjykxqu]

v:.kkpy izns'k

[lañ oh- 11013@1@2013&,e bZ ih&I ¼oksy&II)]

vfer fcLokl] voj lfpo

2414

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

ikn fVIi.kh% fnukad 9 tuojh] 1960 ds dkñvkñ 138 ds rgr

Hkkjr ds jkti= esa eq[; vf/klwpuk izdkf'kr dh xbZ Fkh vkSj Hkkjrh;

vk;qfoZKku ifj"kn ¼la'kks/ku½] f}rh; v/;kns'k] 2013 ¼2013 dk

11½ ds rgr vafre ckj la'kksf/kr fd;k x;k FkkA

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health and Family Welfare)

New Delhi, the 3rd March, 2014

S.O. 911.—Whereas on 06th November, 2013, the

Medical Council of India was re-constituted in exercise of

the powers conferred by sub-section (1) of section 3 A of

the Indian Medical Council (Amendment) Ordinance, 2013;

And whereas the Central Government, in pursuance of

clause (c) of sub-section (1) of section 3 of the Indian

Medical Council Act, 1956 (102 of 1956) has conducted the

election from the Registered Medical Graduate

Constituency and the following has been elected to be a

member of the Medical Council of India for four years with

effect from the date of issue of this notification.

Now, therefore, in pursuance of the provision of sub

section (1) of Section 3 of the said Act, the Central

Government hereby makes the following amendment in the

notification of the Government of India in the then Ministry

of Health number S.O. 138 dated the 9th January, 1960,

namely:—

In the notification of the Government of India in the

Ministry of Health & Family Welfare number S.O. 3324(E)

dated the 06th November, 2013, after the last entry and

entry relating thereto, the following shall be inserted,

namely:

S.

Name of the

Details of the

Mode of

No.

Registered

Elected Member

Election

Medical Graduate

Constituency

11.

Arunachal Pradesh

Dr. Tao Kaki, Medical

Elected

Specialist (Selection

(unopposed)

Grade), Department of

Medicine, Arunachal

State Hospital,

Naharlagun, Arunachal

Pradesh

[No. V. 11013/1/2013-MEP-I (Vol.II)]

AMIT BISWAS, Under Secy.

Foot Note : The principal notification was publish in the

Gazette of India vide number S.O. 138 dated the 9th January,

1960 and was last amended vide Indian Medical Council

(Amendment) Second Ordinance, 2013 (11 of 2013).

laLd`fr ea=ky;

ubZ fnYyh] 20 Qjojh] 2014

dkñvkñ 912.—dsanz ljdkj] jktHkk"kk ¼la?k ds 'kkldh; iz;kstuks

ds fy, iz;ksx½ fu;e] 1976 ds fu;e 10 ds mi fu;e ¼4½ ds

vuqlj.k esa laLd`fr ea=ky; ds varxZr vkus okys dk;kZy; Hkkjrh;

iqjkrRo losZ{k.k] p.Mhx<+ [k.M] dsanzh; lnu] Hkwry] lsDVj 9 ,]

p.Mhx<+] dks ftlesa 80 izfr'kr ls vf/kd deZpkfj;ksa us fganh

dk;Zlk/kd Kku izkIr dj fy;k gS] vf/klwfpr djrh gSA

;g vf/klwpuk jkti= esa izdk'ku dh rkjh[k ls izo`Ùk gksxhA

[Qk- la- 13016@1@2011&fganh]

Js;k xqgk] la;qDr lfpo

MINISTRY OF CULTURE

New Delhi, the 20th February, 2014

S.O. 912.—In pursuance of Sub-rule (4) of Rule 10 of

the Official Language (Use for official purposes of the

Union) Rules, 1976 the Central Govt. hereby notifies the

office of Archaeological Survey of India, Chandigarh Zone,

Kendriya Sadan, Ground Floor, Sector 9-A, Chandigarh

under Ministry of Culture wherein more than 80% staff

have acquired working knowledge of Hindi.

This noltification shall come into force from the date of

publication in the Official Gazette.

[F. No. 13016/1/2011-Hindi]

SREYA GUHA, Jt. Secy.

Je ,oa jkstxkj ea=ky;

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 913.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ;wdks 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@Je U;k;ky;]

Hkqous'koj ds iapkV ¼lanHkZ lañ 33@2011½ dks izdkf'kr djrh gS tks

dsUnzh; ljdkj dks 21-02-2014 dks izkIr gqvk FkkA

[lañ ,y&12012@80@2010&vkbZ vkj ¼ch&II½]

jfo dqekj] vuqHkkx vf/kdkjh

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 21st February, 2014

S.O. 913.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 33/2011) of the Cent.

Govt. Indus. Tribunal-cum-Labour Court, Bhubaneswar as

shown in the Annexure, in the industrial dispute between

the management of UCO Bank and their workmen, received

by the Central Government on 21/02/2014.

[No. L-12012/80/2010-IR (B-II)]

RAVI KUMAR, Section Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2415

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. 33/2011

Date of Passing Award-17th October 2013

Between:

The Branch Manager,

UCO Bank, Jamsuli Branch,

Po. Jamsuli, Dist. Balasore, Orissa

.... 1st Party-Management.

(And)

Their workman Shri Jnana Ranjan Jena,

S/o Late Bhaban Chandra Jena,

Vill. Po. Jamsuli, P.S. Singla,

Dist. Balasore, Orissa

.... 2nd Party-Workman.

Appearances:

Shri R.N. Chand

... For the 1st Party -

Auth. Representative.

Management.

None.

... For the 2nd Party

Workman.

AWARD

An industrial dispute existing between the employers

in relation to the management of UCO Bank, Jamsuli Branch

and their workman has been referred to this Tribunal by

the Government of India in the Ministry of Labour

exercising the powers under clause (d) of sub-section (1)

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

Disputes Act vide its letter No. L-12012/80/2010-IR (B-II)

dated 27.05.2011.

2. The matter under dispute has been given under the

Schedule of the aforesaid letter which reads as follows:—

"Whether the action of the UCO bank, Jamsuli Branch,

Balasore in terminating the services of Shri Jnana Ranjan

Jena, Ex-Workman/Employee of UCO Bank, Jamsuli

Branch w.e.f. 01.09.2009 by ignoring the provisions of

Industrial Disputes Act, 1947 is justified? What relief

the workman is entitled to?"

3. The 2nd Party-workman has alleged that he was

engaged as a Clerk-cum-Computer Operator in UCO Bank,

Jamsuli Branch, Balasore in the month of January, 2004 by

the then Branch Manager on a monthly salary of Rs. 2000.

Since the date of his appointment he had been performing

his duties sincerely, honestly and diligently in the said

branch. His salary was increased first from Rs. 2000/ to Rs.

2500 and then to Rs. 3000 per month on satisfactory

performance. But suddenly the Branch Manager in order

to deprive him from statutory benefits and privileges

illegally and arbitarily did not allow him to perform his duties

from 1st Sept., 2009 and verbally terminated his services.

But before termination of his service he was neither given

any prior notice nor any retrenchment compensation. This

act of termination of service by the Branch Manager is

highly illegal and arbitrary and also contrary to the

mandatory provisions of the Industrial Disputes Act, 1947.

The 2nd Party-workman personally approached the Branch

Manager for his reinstatement, but he avoided to consider

his grievance. Therefore he sent a letter to the Branch

Manager with a copy to the Chairman, UCO Bank, Head

Office, Calcutta and Regional Manager, UCO Bank, Cuttack.

But all of them remained silent over the matter. Thereafter

he approached the Regional Labour Commissioner (Central),

Bhubaneswar with a complaint to intervene in the matter.

Despite repeated efforts by the Regional Labour

Commissioner (Central), Bhubaneswar no settlement could

be arrived at. Consequently a failure report was sent to the

Government on which this reference was made. Therefore

the 2nd Party-workman is entitled to reinstatement of

service with full back wages and continuity in service and

other consequential service benefits.

4. The 1st Party-Management in reply to the allegations

of the 2nd Party-workman has submitted that the instant

reference is neither maintainable in law nor has any merit

whatsoever for the purpose of industrial adjudication. The

alleged engagement of the 2nd Party-workman was not in

accordance with the policy of the recruitment, criteria of

engagement of personnel to the sanctioned posts and

availability of all the salary, allowances and benefits as are

applicable to the Bank employees. No rules, policy and

procedure were followed at the time of engagement of the

2nd Party-workman. Thus the restraint put by the Bank for

non-continuance of such illegal process cannot be

construed as a case of retrenchment/termination of service

by way of refusal of employment as is explicit from the

undisputed facts of the case. The 2nd Party-workman was

engaged on some job, which was required to be performed

by the Branch Manager/Officer of the Bank himself. The

2nd Party-workman appears to have been engaged at the

personal level of the Branch Manager to cater to the

computerized operations of the Branch. However such an

engagement was not only without the knowledge of the

competent and higher authority of the Bank, but also the

same was without following due procedure of recruitment

in the Bank. Neither any advertisement for such a post in

the Jamsuli Branch was published nor the disputant was

ever employed against any defined post whatsoever. At

no point of the time the 2nd Party-workman was on the pay

rolls of the Bank. His services, if any, were temporary and

2416

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

casual in nature which was never based on a proper

selection process as recognized by the relevant rules and

procedure. Since no valid or proper appointment or

recruitment of the disputant was made by the 1st Party-

Management the question of depriving him of any statutory

benefits and privileges with verbal direction of termination

of service is thoroughly misconceived. There has been no

violation of any provision of the Industrial Disputes Act,

1947 as erroneously alleged by the 2nd Party-disputant. In

case of public employments, any appointment de hors due

process of selection envisaged by the constitutional scheme

confers no right on the appointee.

5. On the basis of the pleadings of the parties, following

issues were framed:—

ISSUES

1. Whether the action of the UCO Bank, Jamsuli

Branch, Balasore in terminating the services of

Shri Jnana Ranjan Jena, Ex-Workman/Employee

of UCO Bank, Jamsuli Branch w.e.f. 01.09.2009 by

ignoring the provisions of Industrial Disputes Act,

1947 is justified?

2. What relief the workman is entitled?

6. The 2nd Party-workman did not adduce any oral

evidence in support of his claim. He has filed certain

documents in the shape of xerox copies along with his

statement of claim, but those documents have neither been

proved in evidence nor exhibited. Hence they cannot be

legally read in evidence.

7. On the other hand the 1st Party-Management has

filed sworn affidavit of Shri Rabindra Nath Chand in

evidence along with three documents in the shape of

photostat copies.

8. It is worth mentioning here that the 2nd party-workman

has never appeared before this Tribunal. Even he has sent

his statement of claim through post. This shows that how

much he is interested in his case. Viewing his continuous

absence the case was set exparte against him on 2.4.2013.

FINDINGS

ISSUE No.1

9. As the 2nd Party-workman has failed to appear before

this Tribunal/Labour Court and to adduce any oral evidence

even to prove the documents filed by him along with his

statement of claim, the claim of the 2nd Party-workman

remains without evidence. The 1st Party-Management on

the other hand has alleged and also shown through its

uncontroverted evidence of its witness Shri Rabindra Nath

Chand that the 2nd Party-workman was never appointed

as per the recruitment rules, policy and procedure existing

in the Bank. Therefore he cannot claim any right to the

post alleging his termination as illegal. The 2nd Party-

workman was allegedly engaged by the then Branch

Manager of the 1st Party-Management in his personal

capacity without any sanction or approval of the competent

authority. Consequently his disengagement cannot be said

to amount to termination of his services. He was, at no

point of time, on the pay roll of the Bank. The Branch

Manager, who engaged the 2nd Party-workman was

punished for his unauthorized and illegal act in appointing

the 2nd Party-workman.

10. In view of the exparte evidence of the 1st Party-

Management its action in terminating the services of Shri

Jnana Ranjan Jena, ex-workman/employee with effect from

1.9.2009 is held to be fully justified. This issue is accordingly

decided in the affirmative and against the 2nd Party-

workman.

ISSUE No. 2

11. Since the 2nd party-workman has failed to prove his

case and the action of the management has been held to be

valid and justified the 2nd Party-workman is not entitled to

any relief.

12. Reference is answered accordingly.

JITENDRA SRIVASTAVA, Presiding Officer

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 914.— vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj nsuk 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@Je U;k;ky;

cSaxyksj ds iapkV ¼07@2002½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 21-02-2014 dks izkIr gqvk FkkA

[lañ ,y&12012@180@2001&vkbZ vkj ¼ch&II½]

jfo dqekj] vuqHkkx vf/kdkjh

New Delhi, the 21st February, 2014

S.O. 914.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 07/2002) of the

Cent.Govt.Indus.Tribunal-cum-Labour Court Bangalore as

shown in the Annexure, in the industrial dispute between

the management of Dena Bank and their workmen, received

by the Central Government on 21-02-2014.

[No. L-12012/180/2001-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

BANGALORE

Dated

: 9th April 2013

PRESENT

: Shri S.N. Navalgund, Presiding Officer

C.R. No. 07/2002

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2417

I Party

II Party

Sh. D.N. Narase Gowda,

The Managing Director,

No. 11/1, 1st Cross,

Dena Bank, Sona Towers,

15th Main, Srinagar,

1st Floor, 71, Millers Road,

BANGALORE-560 050

BANGALORE-560 052

Appearances :

1 Party

: Sh. Muralidhara

Advocate

11 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-12012/180/2001-

IR(B-II) Dated 24.01.2002 for adjudication on the following

schedule:

SCHEDULE

"Whether the action of Dena Bank is justified in

dismissing Shri D.N. Narase Gowda, Clerk from the

services of the Bank? If not, what relief the workman is

entitled to?"

2. On receipt of the reference this tribunal while

registering it is in CR 07/2002 after securing the presence

of both the sides receiving their pleadings, since the

1 Party counsel conceded the Domestic Enquiry held against

the 1 Party by the II party being Fair and Proper after hearing

the arguments of the learned advocates appearing for both

sides my learned predecessor by Award dated 29.11.2004

while upholding the finding of the Enquiry Officer the charge

of misappropriation of Rs. 14565.00 being proved against

the1 Party, taking into account the length of 26 years of

service rendered by the 1 Party and observing that his

service with unblemished reduced the punishment of

Dismissal to one of Removal from Service with

Superannuation benefits such as Pension, Gratuity, PF etc.

Being aggrieved by this Award the management as well as

the workmen approached the Hon'ble High Court of

Karnataka in W P 17282/2005 and 21414/2005 and the

Hon'ble High Court disposed off both the Writ Petitions

by Common Order dated 15.09.2009 dismissing the Writ of

the Workman and allowing Writ of the Management and

thereby set aside the Award so far it relates to the

modicifiation of the punishment and remitted back the

matter to this tribunal for reconsideration relating to the

punishment. Aggrieved by the said order of the single judge

both preferred Writ Appeals in W A Nos. 3526/2010 and

3629/2010 and the Hon'ble Division bench dismissed both

the Appeals by Order dated 23.10.2010.

3. In view of the above narrated facts the only point that

now remains for my consideration is whether the

punishment imposed by the II party against the 1 party

Dismissing him from Service is disproportionate to the

misconduct proved against him?

4. On appreciation of the misconduct proved against

the 1 Party of stealing four cheques aggregating to

Rs. 14565.00 and fraudulently encashing them which

amounts to a gross misconduct and the previous

disciplinary action against him the record of which is at

Page 1 to 3 of the Enquiry File, with the arguments addressed

by learned advocate for both sides my finding on the above

point is in the Negative for the following reasons:

REASONS

5. The learned advocate appearing for the II party while

referring to the Bio-Data and Previous Disciplinary Action

against the 1 Party copy of which is produced along with

the list of documents dated 09.08.2004 urged for similar

acts on the part of the 1 party he did not improve in his

conduct and as the charge of stealing four cheques totally

amounting to Rs. 14565.00 and fraudulently encashing them

being highly unbecoming of a Bank Official and it is not

safe to continue him in service the punishment imposed

Dismissing him from Service being Just and Proper there is

nothing for interference by this court. Interalia, the learned

advocate appearing for the 1 Party submitted that since 1

Party joined the service of II party on 01.04.1972 and served

the II party over a period of 26 years and under

Memorandum of Settlement dated 10.04.2002 between the

Banks represented by the Indian Banks Association and

their Workmen as represented by the All India Bank

Employees' Assoication, National Confederation of Bank

Employees, Indian National Bank Employees' Federation,

an Employee found guilty of misconduct under Sub-clause

(b) to Clause (6) can even by ordered for Removal from

Service with superannuation benefits i.e. Pension Provident

Fund and Gratuity the earlier Award passed by this tribunal

reducing the punishment of dismissal with removal from

service with consequential benefits is just and proper and

same may kindly to maintained.

6. No doubt under Settlement referred to by the learned

advocate appearing to the I party dated 10.04.2002

subsequent to the present reference under clause 6 an

employee found guilty of gross misconduct may :

a. be dismissed without notice; or

b. be removed from service with superannuation

benefits i.e. Pension and/or Provident Fund and

Gratuity as would be due otherwise under the Rules

or Regulations prevailing at the relavant time and

without disqualification from futher employment;

or

c. be compulsorily retired with superannuation

benefits i.e. Pension and/or Provident Fund and

Gratutity as would be due otherwise under the Rules

or Regulations prevailing at the relevant time and

without disqualification from futher employment;

or

2418

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

d. be discharged from service with superanuation

benefits i.e. Pension and/or Provident Fund and

Gratuity as would be due otherwise under the Rules

and Regulations prevailing at the relevant time

and without disqualification from future

employement.

but in each and every case the gross misconduct proved

against the employee has to be taken into consideration.

In the instant case the misconduct proved against the I

party being that of stealing four cheques totally

amounting to Rs. 14565.00 and fraudulently encashing

them cannot be a matter to raise sympathy in favour of

the I party since he had served the Bank over a period of

26 years. It reveals from his Bio-Data furnished by the

management that as back as 11.06.1976 there was a

complaint from Staff Training Centre (STC) of borrowing

money fromTrainees; a complaint from one Puttanna in

the year 1978 taking money from him promising a job in

the Bank; issuing seven cheques without sufficient

balance in the account; issuing token against SB Cheque

for Rs. 14000.00 though there was no sufficient balance in

the account and for all these acts he was after issuing

show cause notice and reciving reply was either Warned

or Censured.These acts on the part of I party suggest

that since all along a lenient view was taken by the Bank

relating to his financial misdeeds he was encouraged and

this time he went to the extent of stlaling four cheques

amounting to total sum of Rs. 14565.00 and fraudulently

encashing them which on due enquiry found to have been

proved is not a matter to be viewed leniently to impose a

lesser punishment provided for anact of gross-

misconduct. Under the circumstances for the present

misconduct proved againts the I party of stealing four

cheques totally amounting to Rs. 14565.00 and

fraudulently encashing them he did not deserve any other

lesser punishment than the Dismissal from Service which

is imposed by the Disciplinary Authority and affirmed by

the Appellate Auhtority and that I find no reason to

interfere in the same. In the result, I pass the following

Order:

ORDER

The Reference is Rejected holding that the action of the

Dena Bank in dismissing Shri D. N. Narse Gowda, Clerk

from the services of the Bank is legal and justified.

(Dictated to UDC, transcribed by him, corrected and

signed by me on 9th April 2013)

S.N. NAVALGUND, Presiding Officer.

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 915.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ;wdks 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@Je U;k;ky;

cSaxyksj ds iapkV ¼81@1991½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 21-02-2014 dks izkIr gqvk FkkA

[lañ ,y&12012@208@91&vkbZ vkj ¼ch&II½]

jfo dqekj] vuqHkkx vf/kdkjh

New Delhi, the 21st February, 2014

S.O. 915.—In pursurance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. 81/1991) of the

Cent.Govt.Indus.Tribunal-cum-Labour Court Bangalore as

shown in the Annexure, in the industrial dispute between

the management of UCO Bank and their workmen, received

by the Central Government on 21/02/2014.

[No. L-12012/208/91-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEUXRE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIUBNAL-CUM-LABOUR COURT,

BANGALORE

Dated

: 18th September, 2013

PRESENT

: Shri S.N. NAVALGUND,

Presiding Officer

C.R. No. 81/1991

I Party

II Party

Shri D. Shankar Prabhu,

The Divisional Manager,

S/o D Krishna Murthy,

UCO Bank,

Ex LB Deposit Collector,

Divisional Office,

C/o V Sripad, No. 74-43,

Kempegowda Circle,

Ganagarpet, Raichur-584101

Bangalore-9

Appearances:

I Party

: Sh. V. Sripad,

Advocate

II Party

: Sh. K. Prabhakar Rao,

Advocate

AWARD

1. The Central Government vide order No. L-12012/208/

91-IR(B-II) dated 14.11.1991 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 management of UCO Bank

in terminating the services of Shri Shankar Prabhu,

Deposit Collector is justified? If not, to what relief is the

workman entitled"

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2419

2. On receipt of the reference while registering it in CR

81/1991 when notices were issued to both the sides the I

party workman filed his claim statement on 10.12.1991

claiming that he who was appointed by the II Party at its

Raichur branch as Laghu Bachat Pigmy Deposit Collector

from 14.11.1978 rendered good and efficient service

honestly and by his hard work developed the said scheme

and earned a good reputation in the society but

unfortunately the II Party suddenly temporarily stopped

the said scheme on 31.12.1983 with a malafide intention to

spoil his life and did not allow him to collect the deposits

until 15.02.1991 he made several requests to reinstate him

into service but no response was shown and that he who

was earning commission of Rs. 1,200.00 per month being

deprived of the said earnings his termination/Obstruction

in his service by the II party be declared as Erroneous,

illegal and direction be issued to pay him Rs. 1,200.00 p.m.

since from the date of termination/obstruction from

31.12.1983 till his reinstatement. The II party through its

counter statement filed on 17.07.1992 opposed this claim

of the I Party contending that the I Party who claims

termination of his agency on 31.12.1983 having raised this

dispute after a lapse of eight years in 1991 it is liable to be

rejected on this ground of delay itself. It is further

contended the I Party being engaged as Agent to collect

the Deposits under the Laghu Bachat Yojana Scheme is

not a workman as defined under Section 2(s) of the ID Act

and that his allegation that he was discharging his duties

sincerely and honestly are false and that he was found to

be very irresponsible unattentive and irregular in

maintaining upto date account of depositors and was also

not remitting the amount in time and infact for about six

months he did not make any deposit to the ban even though

he had collected deposits from the Pigmy Account Holders

and when enquiries were made it revealed that he had

defrauded the account holders as also the bank by utilising

the amount collected by him and when he was asked to

furnish a detailed account on 19.01.1984 he gave the details

and conceded having misappropriated a sum of Rs. 21850.00

in his own handwriting. It is further contended on I Party

furnishing such details it obtained from him an indeminity

bond along with his brother B Lakshmikant on 10.02.1984

and thereafter when the matter was under investigation by

the vigilance department the I Party through his letter dated

29.11.1984 gave authorisation for sending confirmation to

Laghu Bachat Account Holders. It is further contended

the Divisional Manager, Bangalore by his letter dated

02.02.1981 had instructed the Branches not to introduce

Laghu Bachat Yogana Scheme in new branch and not to

appoint any new agents in Branches which are in force and

when the misappropriation by the I Party came to light he

abandoned his work and stopped visiting the bank almost

for a period one year period prior to 1984 and in this view of

the matter the Lagu Bachat Yojana has been discontinued

from 19.01.1984. Thus it is contended the I Party who had

misappropriated the amount collected by him from the

Pigmy account holders to the tune of Rs. 21850.00 on his

own abandoned the agency and that after eight years

suppressing all these facts having come up with this dispute

after a long delay of eight years the reference is liable to be

rejected.

3. On the above pleadings my learned predecessor while

receiving the evidence of I Party and of Rajgopal Hebbar,

Officer for the II party as WW 1 and MW 1 and in the

cross-examination of WW 1 by way of confrontation

exhibiting letter written by I Party to II Party for being

appointed as Pigmy Agent; the letter of appointment issued

to the I Party; letter of acceptance given by the I Party

dated 22.11.1978; letter of the I Party stating that there was

a delay in collected the deposits from the customers dated

21.12.1982; I Party letter accepting lapses on his part with

regard to the complaints made by the customers dated

08.09.1983; I Party letter accepting misappropriation of

Rs. 21,850.00 relating to the customers dated 19.01.1984;

the list of the customers furnished by I Party with amount

collected from them; Doorvani Paper dated 13.04.1984

containing publication given by the bank cautioning the

public not to make transaction with the I Party; Indemnity

Bond executed by the I Party dated 10.02.1984; signature

of the I Party brother Sh. Laxmikanth; letter written by the

I Party requesting the bank to adjust the expenses incurred

with regard to the security deposit of the customers dated

29.11.1984; letter of the I Party requesting the bank to

transfer the security deposit to the fixed deposit dated

29.11.1984; letter of the I Party requesting the bank to

transfer the bank security deposit to his brother's account

dated 09.02.1984; letter written by the I Party to the II Party

dated 21.11.1984; Indemnity Bond executed by the I Party

in favour of the bank dated 10.02.1984 for the II Party as Ex.

M-1 to Ex. M-15 respectively and Laghu Bachat Yojana

(Modified) Scheme as Ex. M-16 in the evidence of MW 1

and Appointment of I Party as Laghu Bachat Yojana Agent

as Ex. W-1 in the evidence of WW 1 after hearing the

arguments of both sides by his award dated 17.01.1994

accepting the contention of the II Party that I Party is not a

workman as defined under Section 2(s) of the ID Act without

going into the contention of the II Party that I Party had

misappropriated the amount collected by him from the

Pigmy Account Holders and on his own abandoned the

collection of deposits rejected the reference. When the

said Award was challenged before the Hon'ble High Court

of Karnataka by the I Party in WP No. 28637/1994 the Hon'ble

High Court by order dated 29.07.1998 set aside the said

award holding that in view of the decision of that court in

WP No. 21359/1989 wherein similarly placed workman

employed by the Karnataka Bank are held as Workmen

within the ambit of Section 2(s) of ID act remitted back the

matter for fresh disposal in relation to other disputes.

4. After the order of Hon'ble High Court in WP No.

286347/1994 again this tribunal by registering it in its original

number on hearing fresh arguments on the same evidence

2420

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

adduced earlier by award dated 23.11.2001 directed the

management to regularise the services of the I Party as per

the directions of the Hon'ble Supreme Court of India. When

this award was challenged by the II Party before the Hon'ble

High Court of Karnataka in WP No. 12219/2002 (L-TER)

the Hon'ble High Court by order dated 06.07.2006 while

observing 'in the counter statement though it is specifically

pleaded the claim of the I Party is barred by delay of eight

years the same is not considered and even the evidence

adduced by both the sides on the alleged misconduct

pleaded by the II Party being not considered the award is

not sustainable' set aside the award and remanded back for

fresh disposal keeping all questions open for consideration.

5. Pursuant to the order of the Hon'ble High Court in

WP No. 12219/2002 this tribunal again taking the reference

in its original number on hearing the fresh arguments

addressed by the learned advocates appearing for both

sides on the same evidence adduced earlier by award dated

03.04.2007 directed the II Party/Management to pay a sum

of Rs. 150000.00 to the I Party workman towards full and

final settlement. When this award was again challenged by

the II Party/Management before the Hon'ble High Court of

Karnataka in WP No. 14471/2007 (L-TER), the Hon'ble High

Court by order dated 18.03.2013 while observing that Ex.

M-1 to Ex. M-16 are marked in the evidence of WW 1 and

they are marked through the management witness MW 1.

The entire cross-examination of WW 1 is in relation to the

charge levelled against him. But MW 1 in his examination-

in-chief has not whispered a word with regard to the

misconduct. There is some gap in the evidence of MW 1

and WW 1 and further between the pleadings and the

evidence. In the circumstances learned counsel for the

petitioner bank submits that an opportunity may be

provided to the petitioner to substantiate the charge before

the labour court and that it is settled position of law that if

there is no enquiry or a defective enquiry is conducted the

management is to be provided with an opportunity to lead

evidence before the labour court. In the instance case in

the absence of evidence on record, I am of the opinion that

the impugned award passed by the labour court is to be set

aside and the matter requires to be remanded and no

reasoning being assigned by the labour court on what

basis compensation of Rs. 150000.00 is arrived at while

allowing the writ petition set aside the said award dated

03.04.2007 and remanded the matter for fresh disposal in

accordance with law after providing opportunities to both

the parties within six months from the date of receipt of

copy of the order.

6. The learned advocate for the I Party on 12.04.2013

when produced the copy of the order passed in WP No.

14471/2007 (L-TER) re-registering the reference in the original

number when notice was issued to II Party Sh. K. Prabhakar

Rao, advocate filed vakalat for the II Party and requested to

grant time to lead evidence. The learned advocate appearing

for the II Party on 29.07.2013 while filing the affidavit of

Sh. Uday Narayan, former Assistant Manager of the Raichur

Branch examined him on oath as MW 2 and got affirmed Ex.

M-1 to Ex. M-15 which were exhibited earlier in the evidence

of WW 1 by way of confrontation and since the learned

advocate appearing for the I Party while cross-examining

MW 2 made a submission that he has no further evidence to

lead the matter was when posted for arguments counsel for

I Party filed his written arguments and counsel for II Party

addressed his oral arguments on 12.08.2013.

7. The contention of the II Party the I Party was being

appointed as a Commission Agent under its Laghu Bachat

Yojana Scheme on an agreement to pay commission on the

deposits collected by him he is not a workman as defined

under Section 2(s) of ID act do not now survive for

consideration since the award passed by this tribunal dated

17.01.1994 on the sole ground that I Party cannot be a

workman as defined under Section 2(s) of the ID Act being

set aside by the Hon'ble High Court of Karnataka in WP

No. 28637/1994 holding that Pigmy Agents are the workman

as defined under Section 2(s) of the ID Act and moreover

the Award passed by the Hyderabad Tribunal in the case

of The workmen of Syndicate Bank and others vs. Indian

Banks Association holding the Pigmy Agents as Workmen

being upheld by the Hon'ble Supreme Court which is

reported in AIR 2001 SC 946 the Pigmy Agents of various

banks are workmen as defined under Section 2(s) of ID Act

is a settled law. Moreover, having regard to the above

position the learned advocate appearing for the II Party

now having not urged this contention raised in the counter

statement in my view the question whether I Party is a

workman or not as defined under Section 2(s) of the ID Act

does not now remain for consideration.

8. Since there is no dispute on the letter/application

written by the I Party to the II Party dated Nil which is

marked as Ex. M-1 he being appointed as Agent for

collection of Laghu Bachat deposits under Laghu Bachat

Yojana of the II Party as per Ex. M-2 and I Party giving his

acceptance to the said offer of appointment as per Ex. M-3,

in view of the specific contention of the II Party that the

reference is bad for eight years delay in raising the dispute

from the alleged date of his termination and that the I Party

on complaints by the Pigmy Depositors agreed having

misappropriated a sum of Rs. 21850.00 and abandoned the

agency on his own and it has not terminated his agency

the points that remains for consideration are:

Point No. 1: Whether the dispute raised by the I Party

alleging his termination on 31.12.1983 after eight years in

the year 1991 is maintainable?

Point No. 2: If yes, whether the II Party proved the I

Party misappropriating a sum of Rs. 21850.00 collected by

him from the Pigmy Account holders and on his own

abandoning the agency and that it did not terminate his

Agency?

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2421

Point No. 3: What order?

9. On appreciation of the pleadings, oral and

documentary evidence placed on record by both the sides

in the light of the arguments put forward for them my finding

on Point No. 1 is in the Negative, Point No. 2 in the

Affirmative and Point No. 3 as per the final order for the

following

REASONS

10. Point No. 1: The I Party who claims in the claim

statement suddenly the Laghu Bachat Yojana was

temporarily stopped on 31.12.1983 by the II Party and then

onwards he was not allowed to collect the deposits thereby

he claims that his agency was terminated from 31.12.1983.

Further, in Para 6 of the claim statement alleging he has

approached the II Party since from the date of termination/

obstruction i.e., 31.12.1983 to 15.02.1991 and requested for

reinstatement into the service appears to be claiming that

till 15.02.1991 he was requesting to reinstate him in service,

but except his allegation in the claim statement and

statement in his self swearing affidavit nothing is placed

on record that from 31.12.1983 onwards till 15.02.1991 he

was making request to reinstate/restore his agency, it is

very hard to believe that he kept on making request from

31.12.1983 onwards till 15.02.1991 to reinstate him or to

restore his agency. Though there is no specific provision

restricting the period for raising the dispute in the ID act as

held in the Division Bench decision of the Hon'ble High

Court of Karnataka in the case of Telecom District Manager

and others vs. A. A. Angali and others reported in AIR

2000 Kar 2963 relied on by the learned advocate appearing

for the II Party because law does not prescribe any time

limit for the appropriate government to exercise its power

under Section 10 of the Act, it is not that this power can be

exercised at any point of time and to revive matter which

have since been settled, the relevant para in which decision

reads as under "Law does not prescribe any time limit for

the appropriate Government to exercise its power under

Section of the Act. It is not that this power can be exercised

at any point of time and to revive matters which had since

been settled. Power is to be exercised reasonably and in a

rational manner. There appears to us to be no rational basis

on which the Central Government has exercised powers in

this case after lapse of about seven years or order

dismissing the respondent from service. At the time

reference was made no industrial dispute existed or could

be even said to have been apprehended. A dispute which

is stale could not be the subject matter of reference under

Section 10 of the Act. As to when a dispute can be said to

be stale would despond on the facts and circumstances of

each case. When the matter has become final, it appears to

us to be rather incoggruous that the reference be made

under Section 10 of the Act in the circumstances like the

present one. In fact it could be said that there was no

dispute pending at the time when the reference in question

was made. The only ground advanced by the respondent

was that two other employees who were dismissed from

service were reinstated. Under what circumstances they

were dismissed and subsequently reinstated is nowhere

mentioned. Demand raised by the respondent for raising

Industrial Dispute was ex facie bad and incompetent". In

view of the above said decision it was for the I Party to

explain the eight years delay in raising this dispute and as

already adverted to by me above no proper explanation is

being pleaded and proved except his bald statement in the

claim statement and self swearing affidavit that till 15.02.1991

he kept on requesting to reinstate him in service, I have

arrived at conclusion of answering this point in the

Negative.

11. Point No. 2: In fact in view of my finding on Point

No. 1 in the Negative the consideration of this point does

not survive. However presuming that first point is answered

in the affirmative i.e., mere delay in raising the dispute is

not fatal for the reference, let me now proceed to consider

the aspect covered in the second point. It is borne out from

the evidence recorded in this matter that I Party who

examined himself on 27.11.1992 just affirmed what he has

stated in his claim statement without any whisper about

the allegations of misappropriation made against him. But

in his cross-examination he who has admitted that he has

studied upto SSLC can read and write in English and

Kannada and also Ex M-4 is a letter written by him wherein

he has stated that due to his ill-health he could not attend

for daily collection as well as Ex M-6 and Ex M-7 wherein in

his own handwriting he has written having misutilized a

sum of Rs. 21850.00 collected from six months, to his

convenience further states that he has only put his

signatures to these letters. Further though he admits his

signatures to the indemnity bond executed by him

conveniently states that he has simply put his signature

without knowing the contents therein. Further he also

admits Ex M-10 and Ex M-11 bears the signature of himself

and his brother and again to his convenience he claims

that he signed them without understanding the contents

there in. Though the I Party was aware of the Public Notice

issued by the II Party in the Raichur Vani Daily dated

13.04.1984 having cautioned the public not to transact with

him he having remained silent in his claim statement on

this aspect and simply come forward in the cross-

examination when these documents were confronted to

him he having put his signatures without knowing contents

which is unbelievable. In the background of this when it is

contended one year prior to 1984 I Party stopped collecting

the deposits and abandoned the agency it probabilizes the

I Party having conveniently choosing date of termination

by 31.12.1983. Under the circumstances, the I Party who

unequivocally admitted through his letter at Ex Ex M-6 and

Ex M-7 having misutilized an amount of Rs. 21850.00

collected from the Pigmy Account Holders as contended

by the II Party must have abandoned his agency by around

31.12.1983 and by afterthought after eight years with an

ulterior motive suppressing the real facts raised this dispute

2422

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

for wrongful gain is probable and acceptable. In the result,

I have arrived at conclusion of answering this point in the

affirmative.

12. Point No. 3: In view of my finding on Point No. 1 and

2 the reference is liable to be Rejected on the ground that

the I Party who misappropriated a sum of Rs. 21850.00

collected from the Pigmy Account Holders on his own

having abandoned the agency and is not terminated by

the II Party with an after thought after eight years having

raised this dispute without properly explaining the delay is

not entitled for any of the reliefs claimed by him. Hence, I

pass the following

ORDER

The Reference is Rejected holding that the I Party having

misappropriating a sum of Rs. 21850.00 collected from the

Pigmy Account Holders on his own having abandoned the

agency and is not terminated by the II Party is not entitle

for any relief.

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

signed by me on 18th September, 2013)

S.N. NAVALGUND, Presiding Officer

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FkkA

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tksgu rksiuks] voj lfpo

New Delhi, the 21st February, 2014

S.O. 916.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 84/2009) the the

Central Government Industrial Tribunal/Labour Court,

Chennai now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Tamil Nadu Minerals Limited and their

workman, which was received by the Central Government

on 17/2/2014.

[No. L-29011/107/2002-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Thursday, the 16th January, 2014

PRESENT: K. P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 84/2009

(In the matter of the dispute for adjudication under

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

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

the Management of Tamil Nadu Minerals Ltd. and their

workmen)

BETWEEN

The General Secretary

: Ist Party/Petitioner Union

Salem Mavatta Kanima Niruvana Uzhiyar

Sangam, CITU Office

Rajaganapathy Nagar

Mettur Dam-646401

AND

The Chairman-cum-

: 2nd Party Respondent

Managing Director

Tamil Nadu Minerals Ltd.

Kamarajar Salai, Chepauk

Chennai-5.

APPEARANCE :

For the 1st Party/

:

M/s. V. Ajoy Khose

Petitioner Union

&

S. Manoharan,

Advocates

For the 2nd Party/

:

M/s S. Sekar, Advocate

Management

AWARD

The Central Government, Ministry of Labour &

Employment vide its Order No. L-29011/107/2002-IR(M)

dated 12-13/11/2009 referred the following Industrial

Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the demand of the Salem Mavatta Kanima

Niruvana Uzhiyar Sangam (CITU) apart from Bonus for

all the employees irrespective of the ceiling prescribed

under the Payment of Bonus Act, 1965, an ex-gratia of

25% for the year 2001-2002 is just and legal? What relief

the workmen concerned are entitled to?

2. On receipt of the Industrial Dispute this Tribunal has

numbered it as ID 84/2009 and issued notices to both sides.

Both sides entered appearance through their respective

counsel and filed claim and counter statements respectively.

3. The averments in the Claim Statement in brief are as

below:

The First Party is a Trade Union Under the Trade Union's

Act and is espousing the cause of workmen employed by

the 2nd Party which is a Company wholly owned by the

Government of Tamil Nadu. It is making huge profit every

year by exporting black granite stones to various countries.

The second Party was able to earn such profit only because

of the hard work of its workmen. The First party had

demanded 25% bonus and ex=gratia to all the employees

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2423

of the Second Party for the year 2001-2002 without reference

to salary ceiling or the maximum limit for payment of bunus.

Since the Second Party did not call the First party for talks

the dispute has been raised by the First Party. The Tamil

Nadu Govt. had issued separate orders for the workers

employed in Tamil Nadu Electricity Board. State owned

Transport Corporations. Civil Supplies Corporations, etc.

and directed that bonus is payable to all workers whose

wages are regulated through wage settlements without any

reference to the salary ceiling of Rs. 3.500/- as provided in

the Payment of Bonus Act. The workers employed by the

Second Party are paid wages on the basis of wage

settlements like transport workers, etc. The action of the

Second Party is not extending 25% bonus and ex-gratia to

the workmen for the year 2001-2002 is unjustified and illegal.

The Second Party shall be directed to pay bonus @ 20%

and ex-gratia of 5% without reference to salary ceiling,

with interest.

4. The Second Party has filed Counter Statement

contending as follows:

The Second Party is a government company carrying

on mining operation in various parts of the State. The

Second Party being one of the Govt. undertakings, payment

of bonus will have to be made as per the Payment of Bonus

Act and in accordance with the State Government orders.

Accordingly, the Second Party had sanctioned bonus to

all eligible workers at the maximum rate of 20% of their

salary as per Payment of Bonus Act for the year 2001-2002.

The Govt. has clarified by order No. 349 dated 22.10.2002

that the order of the governemnt for payment of bonus will

not be applicable to transport corporations, electricity

boards, civil supply corporations, etc. The First Party

cannot claim bonus on par with the above corporations.

There is no provision to sanction ex-gratia payment where

maximum 20% bonus was declared. The Second Party has

sanctioned bonus for the year 2001-2002 to all eligible

workers whose salary or wages did not exceed Rs. 3,500/-

per month at the maximum rate of 20%. The First Party is

not entitled to any relief.

5. The evidence in the case consists of oral evidence of

WW1 and documents marked as Ext. W1 to Ex.W12 and

Ext.M1 to Ex.M6.

6. The points for consideration are :

(i) Whether the employees of the 2nd Respondent

are entitled to bonus for the year 2001-2002

irrespective of the ceiling prescribed under the

Payment of Bonus Act and Ex-Gratia payment of

5% ?

(ii) What is the relief to which the concerned workmen

are entitled?

The Points

7. The only claim of the First Party, the workers union

representing the workers of the Second Party is that for the

year 2001--2002, the workers are entitled to Bonus without

reference to the salary ceiling and that the Second Party

should be directed to pay bonus to all its employees @

20% and ex-gratia of 5% without reference to salary ceiling

and maximum ceiling. The First Pary has written Ex.W1

letter to the Second Party making the demand of bonus

and ex-gratia for the year 2001-2002 without reference to

the ceiling limit prescribed on the salary. Since this has

been turned down the industrial Dispute was raised by the

First Party.

8. The stand of the Second Party is that it being one of

the Govt. Undertakings bonus is payable as per the

provisions of Payment of Bonus Act and in accordance

with the State Govt. orders. It is stated by the Second Party

that it has sanctioned bonus for the year 2001-2002 to all

the eligible workers @ 20% of their salary as per the

Payment of Bonus Act. It is stated in the Counter Statement

of the Second Party that though apart from the First Party

Union other unions representing the workers also had made

the same claim, they have subsequently withdrawn the

claim when the factual position was explained to them.

9. There is no dispute for the First Party that the workers

have received bonus as per the Bonus Act and on the

basis of the order of the Government.

10. The counsel for the First Party has stated in the

notes of arguments submitted that earlier the Govt. of Tamil

Nadu used to issue orders for Payment of Bonus not based

on any profit or productivity. It is also stated that though

salary ceiling is fixed under Section-2(13) of Payment of

Bonus Act, the Govt. used to issue orders to pay bonus to

all the employees without reference to the salary ceiling

fixed under Secton-2(13) of Payment of Bonus Act. However,

no such previous orders are produced on behalf of the

First Party. According to the counsel though during the

year 2001-2002 the salary ceiling was Rs. 3,500/- in the year

2007 the salary ceiling was increased to Rs. 10,000/- with

effect from 01.04.2006. The argument of the counsel is that

as per the practice, though the workmen have been getting

more than Rs. 3,500/- per month as salary, during the year

2001-2002, they should be paid bonus as if their salary was

Rs. 3,500/- or below.

11. The above submission of the counsel itself would

show that during the year 2001-2002, the employees who

obtained more than Rs. 3,500/- as salary, are not eligible for

bonus under the Act and under the order. Merely because

subsequently, in the year 2007, the salary ceiling has been

raised, the First Party now cannot contend that they were

entitled to bunus irrespective of the ceiling fixed for the

year 2001-2002.

12. One contention that is raised in the Claim Statement

is that the Govt. has issued separate orders for the workers

employed in the Electricity Board. Transport Corporations,

Civil Supplies Corporations, etc. and directed that bonus

be paid to those workers whose wages are regulated through

2424

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

wage settlements without any reference to the salary ceiling

of Rs. 3,500/-. It seems the Government by order dated

22.10.2002 has made it clear that except the above three

corporations, the employees of all other corporations or

undertaking of the Tamil Nadu Govt. shall be strictly

governed only by the Payment of Bonus Act. Thus it is

clear that for the workers including the workers of the

Second Party, bonus was payable only if they came within

the prescribed salary ceiling. Those workers who are eligible

have already received their bonus and ex-gratia. There is

no substance in the claim advanced by the First Party. I

find that the First Party is not entitled to any relief.

13. In view of my discussion above, the reference is

answered against the First Party.

(Dictated to the P.A. transcribed and typed by him,

corrected and pronounced by me in the open court on this

day the 16th January, 2014).

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the Ist Party/Petitioner :

WW1, Sri K. Vijayan

For the 2nd Party/

:

None

Management

Documents Marked:

On the petitioner's side

Ex.No.

Date

Description

Ex.W1

26.09.2002

Demands given by the Ist party

Union to the 2nd Party

Ex.W2

24.10.2002

First Party letter the Conciliation

Officer

Ex.W3

22.10.2002

G.O. Ms. No. 214 issued by

Transport Department

Ex.W4

24.10.2002

(Per) B.P. (Ch) No. 212 issued by

TNEB

Ex.W5

20.10.2003

G.O. Ms. No. 127 issued by

Transport Department

Ex.W6

17.10.2006

B.P. (Ch).No. 207 issued by TNEB

Ex.W7

20.11.2002

Failure report

Ex.W8

09.04.2003

Declined the refer the dispute for

adjudication

Ex.W9

15.05.2003

First party letter to the

Government to reconsider the

Matter.

Ex.W10

07.08.2009

Order in WP No. 20435/2003

Ex.W11

12.11.2009

Reference for adjudication

Ex.W12

1995 to 2002 Balance Sheet of TAMIN

On the Management's side

Ex.No.

Date

Description

Ex.M1

26.09.2002

Letter from the Salem Mavatta

Kanima Niruvana Uzhiyar Sangam

(CITU).

Ex.M2

22.10.2002

G.O. No. 349 Finance (BPE)

Department

ExM3

31.10.2002

Tamilnadu Dessiya Minerals

Paniyalar Sangam (INTUC)

Ex.M4

11.11.2002

Leter No. 25262/MME2/21002-2

from the Industries (MME2)

Department

Ex.M5

09.04.2003

Letter No. L-29011/107/2002-IR(M)

from the Under Secretary,

Government of India, Ministry

of Labour, New Delhi

Ex.M6

09.12.2002

Letter No. 24292/IRI/2002

addressed to the Secretary to

Government of India, Ministry of

Labour, New Delhi.

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New Delhi, the 21st February, 2014

S.O. 917.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 150/2011) of the

Central Government Industrial Tribunal/Labour Court No.1,

Delhi now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Airport Authority of India and their

workman, which was received by the Central Government

on 17/2/2014.

[No. L-11011/8/2008-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

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

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

NO. 1, KARKARDOOMA COURTS COMPLEX, DELHI

I.D. No. 150/2011

The All India President,

AAI Mazdoor Sangh,

Flat No. 166, DDA-SFS Flats,

Sector-I, Dwarka,

New Delhi-110075

....Workman

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2425

Versus

The Chairman,

Airport Authority of India,

A Block, Rajiv Gandhi Bhawan,

Safdarjung Airport,

New Delhi-110092.

....Management

AWARD

Airport Authority of India (in short the Authority) was

created in 1994 by an Act of Parliament by way of merger of

erstwhile International Airports Authority of India and

National Airports Authority. After merger of aforesaid two

authorities and creation of the Authority an expert committee

was set up to evolve principals of integration of seniority

and other related issues of employees of the Authority.

Recommendation of the said committee was partly

implemented by the Authority. Various committees were

constituted thereafter to frame common recruitment and

promotion guidelines. Steps were taken by the Authority

to restructure cadres of its employees, to remove

discrepancies and anomalies in pay structure and provide

better promotion avenues.

2. The Authority negotiates with a recognized union to

carve out better wages and benefit structures for its

employees. In order to grant recognition to a union, election

by secret ballot is conducted. Election by secret ballot was

held on 23.10.2002 to determine majority character of a union

as a sole bargaining agent. The Airports Authoirty

Employees Union (hereinafter referred to as the union) was

declared as a majority union and recognition was granted

to it by the Authority, for a period of five years. In the year

2007 too the union obtained majority votes in secret ballot

election. The Airport Authority of India Mazdoor Sangh

(hereinafter referred to as the sangh) lost the aforesaid two

elections. The Authority did not allow the sangh to

represent entire body of workmen, when steps were taken

to formulate wage and benefit structures for its employees.

Knowing well that it had no numerical support, the sangh

raised a dispute before the Concillation Officer, relating to

relaxation in qualification and trade test while filling

vacancies by way of promotion from amongst the

employees of the Authority in consonance with recruitment

and promotion rules and memorandum of understanding

arrived at between the Authority and the union. Since the

Authority contested the claim as well as right of the sangh

to raise policy issues in resident entire body of workmen,

conciliation proceedings ended into a failure. On

consideration of failure report, submitted by the

Conciliation Officer, the appropriate Government referred

the dispute to the Central Govt. Industrial Tribunal No. 2,

New Delhi, for adjudication, vide order No. L-11011/8/2008-

IR(M), New Delhi dated 15.04.2009, with following terms:

"Whether the demand of the union regarding relaxation

in qualification, trade test while filling up the vacancies

on seniority basis a incorporated in R & P and MOU is

just and legal? What relief is the union entitled to and

from which date?"

3. Corrigendum was issued by the appropriate Govt.

vide order No. L-110011/8/2008-IR(M) New Delhi dated

5.10.2009 substituting All India President of the sangh as

party to the dispute instead of the Vice President of the

sangh.

4. Claim statement was filed on behalf of the sangh

pleading therein that it is a trade union regisgered under

the Trade Union Act, 1926 and as such has a right to raise

dispute, which affects the workmen. It has been claimed

that the Industrial disputes Act 1947 (in short the Act)

does not prohibit the sangh from raising a dispute which

affects rights of the workmen. The sangh pleads that the

Authority had issued order for restructuring of various

cadres of Ministerial, stenographic, housekeeping and

Airport Hostess etc. in the ratio of 4:3:3, vide letter dated

23.06.2005. In the said order clusters have not been

introduced so far except in the cadre of fire and motor

transport discipline. The Authority has prescribed

educational qualification as graduate with two year relevant

experience in cargo, electronics, Hindi, material

management, operation and personnel discipline for direct

recruitment to the post of Assistant (N.E.5 scale), a base

level post of group C in pre-revised scale, which adversely

affects promotional avenues of group D employees for

that post. Two years relevant experience, in the field of

ATC, Civil, CP&MS, electrical, economics, finance, Hindi,

land management, law, medical, material management, motor

transport, operational, personnel, public relation and

housekeeping disciplines was prescribed for the post of

Senior Assistant (N.E.6 scale) which adversely affects

promotional avenues of group D employees. Educational

qualification of engineering degree or graduate with post

graduate diploma, in ATM, comunication, civil, electrical,

equipment/technical, information technology, architecture,

airport operation, personnel, law, public relatin, economic

planning, finance, commercial land management, cargo,

housekeeping, horticulture, fire, cartography and

electronics disciplines was prescribed for the post of Junior

Executive (E-1 scale) which also adversely affects

promotional avenues of group C employees. Above

educational qualification and experience for the posts,

referred above, were subsequently incorporated in

Recruitment and Promotion Guidelines 2005. The Authority

issued letter dated 15.03.2007 and asserted that

restructuring was made subject to the conditions

incorporated in Recruitment and Promotion Guidelines. It

emerged that no relaxation in qualification and trade test

was to be given to the employees. The Aurhority

discriminated the employees in the cadres like engineering

motor transport, E&M and fire etc. and thus grossly

violated the provisions of Articles 14 of the Constitution

of India. Benefit of exemption from passing trade test/

written examination has been provided to ministerial cadre

vide letter dated 4/6.10.2005.

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[PART II—SEC. 3(ii)]

5. The sangh pleads that the Authority had ignored

cause of weaker sections and largely affected various

cadres in group D when it issued orders from restructuring

of various cadres in ministerial, stenographic,

housekeeping, airport hostess, engineering, motor

transport, E&M, and fire etc. Though the employees,

covered under restructuring orders dated 27.4.2006,

15.3.2007 and 31.5.2007, get equal wages, allowances,

overtime allowance and perks etc. with the employees of

ministerial cadres but their hours of work, weekly off and

holidays are different than the employees of ministerial

cadres. Job specifications for employees working in various

cadres of engineering, motor transport, E&M and fire etc.

have not been formulated by the Authority, which make

them to perform similar nature of work as performed by

employees of superior categories. The Authority has

approved common recruitment and promotion regulations

for executives and non-executives without giving notice,

as required under section 9-A of the Act, since increase in

qualification and addition of criteria of passing trade test

amount of change in their service conditions. Erstwhile

employees of civil aviation department, absorbed in the

service of the National Airport Authority, were also brought

under the purview of common recruitment and promotion

regulations, without formulating any training capsule for

them. In recruitment and promotion regulations process of

supersession has been restored, which is against the policy

of the Government of India.

6. The sangh project that the Authority had arbitrarily

chosen two different dates of implementation for

restructuring of cadres, one for ministerial, stenographic,

housekeeping and airport hostess while the other for

engineering, motor transport, E&M, and fire discipline etc.

This way the Authority has discriminated employees of

group C and D, who are largely affected. Discriminatory

restructuring policy of the Authority had caused resentment

amongst a large section of workmen. The Authority had

not allowed the sangh to present its views on restricting

policy, referred above. The sangh has a right to represent

its members before the Authority, in respect of recruitment

and promotion policy formation. The sangh claims that the

Authority may be commanded to grant relaxation in

qualification and trade test while filling up vacancies on

seniority basis, pursuant to recruitment and promotion

regulation and memorandum of understanding arrived at

between the Authority and the union.

7. The claim was demurred by the Authority pleading

that the sangh is not competent to challenge policy decision,

regarding recruitment and promotion regulations, framed

by it. The sangh had lost election by secret ballot, held in

the year 2002 and 2007, for grant of majority status to a

union. The sangh is an unrecognized union, not competent

to raise an industrial dispute on issues relating to general

employees, which has been settled by way of negotiation

with the union. The Authority pleads that group D

employees has not been adversely affected by its

recruitment and promotion policies. On the contrary posts

for promotion have been increased. Age relaxation has also

been granted to them. Their career growth has been

increased. The Authority asserts that a committee was

constituted for restructuring of cadres and removal of

anomalies in ministerial, stenographic, housekeeping

cadres and upgradation of employee in higher scales w.e.f.

1.4.96. The committee recommended restructuring of four

cadres in the ratio of 40:30:20 in N.E. 5, N.E. 6, N.E. 8 and

N.E. 9 scales. Induction level in N.E. 6 scale was in the ratio

of 60:40 in both the divisions except the engineering cadres.

An Anomaly Committee was constituted vide order dated

05.07.2005. In its report dated 07.12.2005 the committee

opined that date of implementation may be decided by the

Authority. Accordingly the Authority decided to implement

the report of the committee w.e.f. 01.08.2001 since

memorandum of understanding was signed by the

Authority with the union on 21.07.2001.

8. The Authority pleads that keeping in view that orders

forming clusters were issued for certain categories like

motor transport, fire and engineering etc., hence it was

decided that the employees would be required to obtain

competency certificate/pass trade test where required on

the current date. However benefit of passing such trade

test/competency certificate was to be given from

retrospective date, the date from which official became

eligible for promotion under the proposed restructuring

policy. Where an employee has already been given FCS

benefit in any particular post/cluster, it was held to be

personal to him. Dual benefit under FCS and restructuring

policy was not admissible to an employee. Matter of

implementation of restructuring of engineering cadres was

approved for rationalization w.e.f. 01.01.1997, subject to

implementation of recruitment and promotion guidelines.

No relaxation in qualification and trade test was to be given.

No discrimination of any sort was made in that regard.

9. The Authority projects that prior to implementation

of restructuring of various cadres in ministerial,

stenographic, housekeeping, airport hostess and various

cadres of engineering, motor transport, E&M and fire etc.

40% posts in all group D, in pre-revised scale of Rs. 2400-

3330, were upgraded to next pre-revised scale of Rs. 2550-

3660 to remove stagnation. Qualified group D employees

in N.E. 3 scale possessing requisite qualification would be

given opportunity for appointment to N.E. 4 scale against

20% vacancies to be filled by direct recruitment, subject to

qualifying written/trade test. Further group D employees

in N.E. 3 scale are eligible for placement in N.E. 4 scale on

grant of selection grade on completion of 6 years service.

Promotion under FCS is entirely different from regular

promotion. Persons promoted against FCS scheme have to

carry out same duties and functions, which were performed

by him earlier to the promotion. There are no reasons for

imparting any specific training capsule to the employees

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2427

of the Authority, on being implementation of promotional

and recruitment policy. Recruitment and promotion policy,

which has been implemented in the best interest of the

organization provide better career opportunities to all

employees working with the Authority.

10. Restructuring benefits have been extended to

ministerial, stenographic, housekeeping and air hostess

discipline retrospectively w.e.f. 01.04.1996 notionally.

Financial benefits have been extended to them w.e.f.

23.6.2005. Restructuring benefits to engineering, E&M, fire

and motor transport disciplines etc. have been extended

w.e.f. 01.01.1997 notionally on the recommendation of

another committee and financial benefits have been released

in their favour w.e.f. 27.4.2006. No discrimination was done

while granting benefits to the employees of the above

cadres. Group D employees have not been ignored in their

upgradations. Career progression for them is provided

under recruitment and promotion regulations. Employees

in N.E. 8 and N.E. 9 scales have been granted benefits

under FCS as well as promotion on regular basis, subject

to meeting eligibility criteria and seniority. Inequalities in

various cadres have been removed. The Authority pleads

that relaxation in qualification and trade test, to fill up

vacancies in various cadres, have been done to provide

career growth to employees working in various grades.

The dispute raised by the sangh is not legally tenable. It

has been claimed that the claim put forward by the sangh

may be dismissed, being devoid of merits.

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

dated 30.03.2011 the case was transferred to this Tribunal

for adjudication by the appropriate Government.

12. To discharge onus resting on the sangh, Shri

Harinder Tiwari entered the witness box. With the

permission of the Tribunal he testified facts again with a

view to adduce additional evidence. Shri V.B. Sharma, Senior

Manager, was brought in the witness box by the Authority.

His cross examination remained incomplete and he was

never produced again to face rigors of cross examination.

Since effective opportunity was not given to the sangh to

purify testimony of Shri Sharma by an ordeal of cross

examination, hence his testimony cannot be read in the

matter. Shri Balbir Singh, General Manager, was also

examined on behalf of the Authority. No other witness was

examined by either of the parties.

13. None came forward on behalf of the sangh to advance

arguments. Ms. Sujata Kashyap, authorised representative,

advanced arguments on behalf of the Authority. Written

submissions were also filed by the Authority. 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.

14. At the outset Ms. Kashyap argued that the sangh

lost secret ballot elections, conducted for determination of

majority status of the union. In referendum held in the year

2002 and 2007, the sangh lost elections. The union won

elections in the year 2002 and 2007. The union was declared

as a sole bargaining agent and the Authority granted

recognition to the union, to raise all issues relating to its

general employees. The Authority had discussed issues

relating to general employees and signed memorandum of

understanding with the union. Ms. Kashyap argued that

the sangh has no right to raise policy issues, relating to

service conditions of general employees of the Authority.

15. In his testimony Shri Harinder Tiwari made a candid

admission that in the year 2002 the sangh lost secret ballot

election, conducted to determine majority status of a union,

for grant of recognition as a sole bargaining agent on behalf

of general employees of the Authority. He could not dispute

that in the year 2007 too the sangh lost referendum

conducted for election of a union as sole bargaining agent

to represent general employees of the Authority. Out of

facts conceded by Shri Harinder Tiwari it became evident

that the sangh lost elections twice and could not attain

majority status for recognition as a sole bargaining agent

to raise issues relating to service conditions of general

employees of the Authority.

16. Whether the sangh, which is an unrecognized union,

can raise issues of policy, relating to service conditions of

general employees of the Authority? For an answer to this

proposition law laid by the Apex Court in Food Corporation

of India case [1995 (71) FLR 278] is to be taken note of. In

that case Food Corporation of India and the unions,

representing the workmen in the establishment of Food

Corporation of India, have agreed to follow "secret ballot

system" for assessing the representative character of the

trade unions. The Apex Court laid down as to how the

method of secret ballot should be tailored to yield correct

results. The Court ruled therein that the union/unions

obtaining the highest numbers of votes in the process of

election shall be given recognition by the Food Corporation

of India for a period of five years, from the date of

conferment of the recognition.

17. In All Orissa State Bank Officers case [1999 (1) DLR

271], Orissa High Court rules that a recognized union, who

has numerical support to represent and to speak on behalf

of all workmen, has a right to represent the entire body of

workmen. An unrecognized union has no right to represent

the entire body of the workmen, but it may speak for or

represent workmen, who are its members individually or as

a group. In case of any conflict between demands of

recognized union and demand of an unrecognized union

the management can accept views of the recognized union

but the management cannot deny or refuse to entertain

any representation from or to enter into any dialogue or

discussion with an unrecognized union in respect of

grievances of any individual workman or a group of

workmen belonging to the unrecognized union. Relying

on the precedent in Balmer Lawrie Workers Union (AIR

1985 SC 311) the High Court ruled that acceptance of a

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[PART II—SEC. 3(ii)]

demand on discussion over a demand is not the one and

the same thing. Right of raising grievance and discussion

is a fundamental right, which cannot be taken away totally.

The High Court noted observation of the Apex Court in the

precedent, referred above, with profit, which observations

are extracted thus:

"....Forming an Association is entirely independent

different from its recognition. Recognition of a union

confers rights, duties and obligations. Non-conferring

of such rights, duties and obligations on a union other

than the recognized union does not put it in an inferior

position nor the charge of discrimination can be

entertained. The members of a non-recognised

association can fully enjoy their fundamental freedom

of speech and expression as also to form the association.

The Legislature has in fact taken note of the existing

phenomenon in trade unions where there would be

unions claiming to represent workmen in an undertaking

or industry other than recognized union. Section 22 of

1971 Act confers some specific rights on such non-

recognised unions, one such being the right to meet

and discuss with the employer the grievances of

individual workman. The Legislature has made a clear

distinction between individual dispute affecting all or a

large number of workmen. In the case of even an

unrecognized union it enjoys the statutory right to meet

and discuss the grievance of an individual workman

with the employer. It also enjoys the statutory right to

appear and participate in a domestic or departmental

enquiry in which its member is involved. This is statutory

recognition of an unrecognized union. The exclusion is

partial and the embargo on such unrecognized union or

individual workman to represent workmen is in the large

interest of industry, public interest and national interest.

Such a provision could not be said to be violative of

fundamental freedom guaranteed under Art. 19(1)(a) or

19(1)(c) of the Constitution."

18. As emerge out of the law laid above, an unrecognized

union is not entitled to be treated at par with a recognized

union. The Authority cannot indulge in any kind of undue

discrimination, to take sides and indulge in any activity

designed to harass or disrupt one union and to promote

another union. It cannot deliberately pursue a policy

designed to create a situation which makes fundamental

right of formation of an association and freedom of

expression nugatory or illusionary. The Authority has

certain discretion in and while exercising such discretion,

it has to act fairly, honestly and in the interest of the

organization, without violating the fundamental rights and/

or other statutory rights of the employees or the sangh.

The Authority should be careful to ensure that none of its

act amounts to oppression of the sangh nor its members at

the instance or under undue pressure of the union.

19. Whether the sangh has been able to project that the

Authority had failed to recognize its statutory rights? In

his affidavits Ex.WW1/A and Ex.WW1/B, Shri Harinder

Tiwari raises issues affecting entire body of the workmen,

working in the establishment of the Authority. He does not

raise an individual dispute. It has not been asserted in

affidavits that the sangh tried to meet and discuss

grievances of an individual workman or group of workmen

with the Authority. In these two affidavits, Shri Tiwari

nowhere claims to assert a statutory right to appear and

participate in domestic enquiry in which member(s) of the

sangh is/are involved. There is an embargo on the sangh

to represent entire body of workmen, in the establishment

of the Authority, in large interest of the industry, public

interest and national interest. The sangh has not been able

to project that the Authority has accorded undue benefit

to the union. No case has been brought to light that the

Authority deliberately pursued a policy to curtail

fundamental right of formation of an association. No

instances have been brought to light to give an inference

that the Authority indulged in any activity designed to

harass or disrupt the sangh and to promote the union. The

sangh had failed to establish that by way of negotiation of

the union for formation of policy of restructuring service

conditions for general employees, the Authority has not

acted fairly, honestly and in the interest of the organization.

The sangh could not project that the Authority acted in an

arbitrary and unreasonable or unfair manner or exercised

power in a colourable manner, when it restructured wage

and other benefits for its employees. Therefore, it is evident

that the sangh has not been able to project a case to strike

down policy of the Authority, when it restructured wage

and other benefits for its general employees. The sangh

could not point out any statutory right to raise a dispute,

in respect of memorandum of understanding arrived at

between the Authority and the union, which reshapes wage

and benefits for general employees. I am of the considered

opinion that the sangh has no right to raise the dispute for

adjudication.

20. How a dispute affecting an employee or a group of

employees can be raised? For an answer provisions of the

Act are to be construed. The appropriate Government, on

being satisfied that an industrial dispute exists or is

apprehended, may refer it to an Industrial Tribunal for

adjudication, enacts clause (d) of sub-section (I) of section

10 of the Act. Therefore, the appropriate Government has

to satisfy that an industrial dispute exists or apprehended

between the workmen and their employer. Consequently,

definition of the word "industrial dispute" is to be

appreciated. Clause (k) of section 2 of the Act defines the

word "industrial dispute" in the following manner.

"(k) industrial dispute means any dispute for difference

between the employers and employers or between

employers and workmen or between workmen and workmen,

which is connected with the employment or non-

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employment or the terms of employment or with the

conditions of labour, of any persons".

21. The definition of the work "industrial dispute"

referred above can be divided into four parts viz. (i) factum

of dispute, (ii) parties to the dispute, viz (a) employers and

employers, (b) employers and employees 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) conditions

of labour of any person, and (iv) it should relate to an

"industry".

22. The definition of the word "industrial dispute" is

worded in wide terms and unless it is narrowed by the

meaning given to the word "workman" it would seem to

include all "employers", "all employments" and all

"workmen" whatever nature of the scope of the

employment may be. Therefore except in the case where

there can be dispute between the employer 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 workman,

the plural may include singular on either side, or any

permutation of singular, the mesculine including the

feminine. In order, therefore, to determine as to whether a

controversy or difference or a dispute is an "industrial

dispute" or not it must be determined whether the workman

concerned or workmen sponsoring his case satisfy the

conditions of clause (s) of section 2 of the Act. Here in the

case, there is no dispute that the employers of the group

"C" and "D" working in the establishment of the Authority

are workmen within the meaning of clause (s) of section 2

of the Act.

23. In Kyas Construction Company (Pvt.) Ltd. [1958 (2)

LLJ 660] 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 adopted 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.

24. 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 rule 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 can

not be 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 Drona

Kuchi 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".

25. 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

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[PART II—SEC. 3(ii)]

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

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].

26. 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 a 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".

27. 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 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 affected 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) 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 other 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)

256].

28. Above propositions relate to a dispute affecting an

individual or a group of workmen, who may be members of

the sangh. However, a dispute relating to rights of entire

body of workmen is placed on different pedestal than a

dispute affecting an individual or a group of workmen, who

may be members of an unrecognized union. As pointed out

above, an unrecognized union has no right to represent

entire body of the workmen. In the dispute under reference,

the sangh cannot raise a dispute relating to its right to speak

for or represent entire body of workmen. It is not a case,

wherein the sangh wants to have a dialogue in respect of

grievances of any individual workman or a group of workmen

belonging to it. Acceptance of a demand, raised by the union

and discussion over it is not one and the same thing. The

sangh cannot raise a demand with a view to represent entire

body of workmen. Thus, it is evident that the sangh has no

right to raise the dispute. It emerge out of the records that

the sangh had acted with a view to pursue its election

strategy for referendum to be held in the year 2012.

29. Memorandum of Understanding, proved as Ex.MW2/

W2, was arrived at between the Authority and two unions

pursuant to orders passed by a civil court. Memorandum

of Understanding dated 31.07.2001 was arrived at on wage

revision. Order dated 13.08.2001 was issued pursuant to

the said Memorandum of Understanding. Memorandum of

Understanding was again arrived at between the Authority

and the union in the year 2005. Restructuring of various

cadres of ministerial, stenographic, housekeeping, airport

hostess, engineering, motor transport, E&M and fire etc.

disciplines were done by the Authority pursuant to above

Memorandum of Understanding entered into between it

and the union. FCS Schemes were also part of recruitment

and promotion guidelines, issued by the Authority,

pursuant to settlements between it and the union.

Therefore, decisions taken by the Authority in restructuring

policy were in consonance with the settlements so arrived

at between the union and the Authority. Recruitment and

Promotion Regulations 2005, clarification issued to those

regulations in the year 2008 and pay fixation benefits

granted in February 2012 were also part of the aforesaid

settlement and Memorandum of Understanding arrived

between the Authority and the union.

30. In view of foregoing discussions, it is evident that

the sangh has no right to raise issues in respect of policy

decisions relating to wage structure and other benefits,

taken by the Authority pursuant to settlements arrived at

between the Authority and the union. The sangh cannot

raise a demand seeking relaxation in qualification and trade

test while filling up of vacancies on seniority basis, as

incorporated in Recruitment and Promotion Guidelines 2005

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2431

and Memorandum of Understanding arrived at between

the Authority and the union. Claim put forward by the

sangh was a part of its election strategy. When the sangh

lost referendum in December 2012, it opted to abandon the

proceedings. These facts make it apparent that the dispute

was raised by the sangh with a view to persuade body of

workmen as a class to grant numerical support to it in

referendum held in December 2012. Except the said election

strategy, the sangh knew that it has no right to raise such

a dispute. The claim put forward by the sangh has no legal

basis, hence liable to be discarded. Claim statement, put

forward by the sangh is hereby brushed aside. An award is

passed in favour of the Authority and against the sangh. It

be sent to the appropriate Government for publication.

Dated: 20.01.2014

Dr. R.K. YADAV, Presiding Officer

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 918.—vkS|ksfxd fookn vfèfu;e 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjr isVªksfy;e

dkjiksjs'ku fyfeVsM ¼jsQkbujh½ ds izcaèra= ds lac) fu;kstdksa vkSj

muds deZdkjksa ds chp vuqcaè esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;

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17@2@2014 dks izkIr gqvk FkkA

[lañ ,y&30012@15@2010&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 21st February, 2014

S.O. 918.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 63/2010) of the Central

Government Industrial Tribunal/Labour Court No. 2,

Mumbai now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Bharat Petroleum Corporation Limited and

their workman, which was received by the Central

Government on 17/2/2014.

[No. L-30012/15/2010-IR (M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT :

K.B. KATAKE, Presiding Officer

Reference No. CGIT-2/63 of 2010

Employers in Relation to the Management of Bharat

Petroleum Corporation Ltd.

The General Manager (HR)

BPCL (Refinery)

Mahul, Chembur

Mumbai-400 074

And

Their Workmen

Shri Gulab Genu Gadankush

Mangal Kalash Complex

Mangal Deep Society

A-Type, A-Wing, Room No. 105

MIDC Road, Cholegaon

Thakurley (E)

Distt. Thane-421 201

Appearances:

For the Employer

: Mr. R.S. Pai, Advocate.

For the Workmen

: Mr. J.H. Sawant, Advocate

Mumbai, dated the 11th March, 2013.

AWARD Part-I

The Government of India, Ministry of Labour &

Employment by its Order No. L-30012/15/2010-IR (M), dated

16.11.2010 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 BPCL, Mahul

dismissing Shri Gulab Genu Gadankush w.e.f. 18/6/2009

is legal and justified? To what relief the workman is

entitled?"

2. After receipt of reference from Ministry, notices were

issued to both the parties. In response to the notice, the

second party workman has filed his statement of claim at

Ex-7. According to him he was permanent employee of first

party working in a capacity of General Operative. The first

party by order dated 29/12/2008 suspended the scond party

alleging falsely that on 23/12/2008 at about 13.20 hours

they observed the second party was found in compromising

position and indulging in unnatural sex with a dog publicly

on the first floor terrace behind Ruby Hall in Learning

Centre. The first party served the second party with charge-

sheet dated 14/01/2009 repeating the same allegations made

in the suspension order. It is alleged that two employees

have witnessed the incident. The second party has denied

the charges by his reply dated 21/01/2009. At the instance

of the officers of the first party the workman was implicated

falsely in the case. The Inquiry Officer conducted the inquiry

in English. The second party was not acquainted with

English language. One of the office bearers of the union

who was not trained in handling departmental inquiry

properly was made available to defend the second party as

his defence representative. He has not represented the

second party properly. He asked some unwanted questions

to the witnesses in their cross examination. The second

party in his evidence has stated the truth that he was

2432

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

suffering from illness and he has undergone bypass

surgery and a value has been fitted in his heart. He was

taking treatment for his swollen legs on 13/12/2008. On

13/12/2008 after lunch he went to the terrace and he was

applying ointment on the boils on his legs. He was alone

and there was no dog. He returned to the office and

attended his work of delivering letters etc. Being heart

patient, he cannot indulge in sex activities as has been

alleged. The incident is totally fabricated. The witnesses

of second party also deposed before IO that the allegations

made against the second party are not true. The members

of the family of second party are much disturbed due to the

allegations and inquiry against the workman. The inquiry

was not fair and proper. The IO has not considered the

evidence on record. His findings are perverse. On the basis

of report of the IO, the second party workman was

dismissed from service. The Appellate Authority failed and

ignored to consider the submission of second party and

he mechanically confirmed the order of the Disciplinary

authority. Therefore the second party raised industrial

dispute. It was not settled. Therefore on the basis of the

report of the ALC (C) the Labour Ministry has sent the

reference to this Tribunal. The workman therefore prays

that order of dismissal be set aside and first party be directed

to reinstate him with full back-wages and also prays for

heavy cost and compensation from the first party.

3. The first party resisted the statement of claim vide its

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

party workman was suspended as he was found indulging

in unnatural sex with a dog. The charge was framed against

the workman for the same incident and disorderly indecent

behaviour in the premises of the company. On the report of

other employee Mr. S.P. Gharat the action was taken against

the workman. Two other employees have also witnessed

the incident. Therefore charge was framed against the

workman. Inquiry Officer explained the charge to the

workman. IO has conducted the inquiry in Marathi.

However he has written the proceeding in English. The

workman was represented by Vice President of the Union

who has represented number of employees in the

departmental inquiry. He is quite experienced person. Fair

and proper opportunity was given to the workman in the

inquiry proceeding. All the witnesses were cross examined

by the defence representative. Opportunity was also given

to the workman to lead his evidence. After considering the

evidence on record the inquiry officer found the workman

guilty. His findings are based on evidence on record and

they are not perverse. He has submitted his report to the

disciplinary authority. Copy thereof was given to the

workman. The disciplinary authority perused the report of

the IO, also considered the explanation of the workman

and thereafter looking into the seriousness of the mischief

the workman was dismissed from services. The IO has

followed the proper procedure. Fair and sufficient

opportunity was given to the workman to defend himself.

Therefore neither inquiry can be called unfair nor the

findings of the IO can be called perverse. Therefore, the

first party prays that the reference be rejected.

4. Issues are framed at Ex-9. In this Part-I Award following

are the preliminary issues for my determination. I record

my findings thereon for the reasons to follow:

Sr. No.

Issues

Findings

1.

Whether the inquiry conducted

Yes.

by management of BPCL,

Mahul against the second party

workman was fair and proper?

2.

Whether the findings of IO are

Yes.

perverse?

REASONS

Issue No. 1:—

5. The first party has examined the Inquiry Officer,

Chetan Prabhu at Ex-12. According to him, he is practising

advocate and was appointed as Inquiry Officer by the first

party company. He has proved the inquiry procedings. It is

at Ex-13 collectively. In this respect the fact is not disputed

that the second party workman was defended by Mr. M.S.

Masavkar who was Vice President of the Union. According

to the first party Mr. Masavkar was appointed as per the

choice of the workman. According to them he had

conducted number of inquiries and was an experienced

person. As defence representative must have been

appointed as per the choice of the workman, now neither

workman can be allowed to blame his defence

representative nor inquiry can be called unfair on that

ground. Furthermore the Ld. Adv. of the second party has

not pointed out any untoward question or unwanted action

on the part of defence representative.

6. The main grievance on behalf of the second party

was that, the management has not appointed any officer of

the company as Inquiry Officer. On the other hand they

have appointed a practising advocate as an Inquiry Officer.

The company has paid him his professional fees. Therefore

according to him the inquiry is not fair and proper. In this

respect the Ld. Adv. for the first party submitted that,

though the IO is a practising advocate he had no reason to

be bias against the workman. The Ld. Adv. for the first

party further submitted that, though IO is a practising

advocate, he is not their lawyer. He further submitted that

even lawyer of the company also can be appointed as IO

and such inquiry can be held fair and proper. In support of

his argument the Ld. Adv. resorted to Apex Court ruling in

Saran Motors Pvt. Ltd. V/s. Vishwanath & Anr. FJR in Civil

Appeal No. 755 and 756 of 1963 decided on 31.3.1964.

Wherein the Hon'ble Court on the point observed that;

"Therefore it would be unsound to take the view that a

lawyer who is not a paid officer of the employer is

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2433

incompetent to hold such an inquiry because he is

employer's lawyer and is paid remuneration for holding

the inquiry."

On the point Ld. Adv. for the first party also resorted to

Kerala High Court ruling in N. Rarichan V/s. R.K. Venu Nair

& Anr. 1973 LAB I.C. 536 (V 6 C 123) (Kerala High Court)

wherein the Hon'ble Court in para 9 of the judgement

observed that;

"Inquiry is not vitiated on the ground that it is conducted

by employer's lawyer."

In the case at hand though the inquiry is conducted by

an advocate and he has charged his professional fees, in

the light of above rulings the inquiry cannot be vitiated on

that ground.

7. Another ground raised by the workman is that the

inquiry was conducted in English and he does not know

English. Therefore it is submitted on behalf of the workman

that the IO has violated the principles of natural justice

and on that ground inquiry deserves to be set aside. In this

respect the Ld. Adv. for the first party submitted that though

the proceeding is produced in writing in English the inquiry

was conducted in Marathi. He submitted that the witnesses

are also not English speaking. They were examined and

cross examined in Marathi. Therefore mere recording of

proceeding in English does not create any defect in the

inquiry proceedings and there is no violation of principles

of natural justice. In support of his argument the Ld. Adv.

for the first party resorted to the Bombay High Court ruling

in National Organic Chemicals Ltd. & Anr V/s. Pandit

Ladaku Patil 2008 III CLR 716. In that case the Hon'ble

Court held that, the order of IO neither violates essence of

standing order 25 (4) nor the Principles of Natual Justice as

delinquent therein was quite conversant with English

language. In the case at hand he submitted that, the inquiry

was conducted in Marathi. Merely proceeding was reduced

in writing in English. Therefore the inquiry cannot be said

violative of principles of natural justice.

8. The Ld. Adv. for the first party submitted that the

inquiry cannot be said unfair and improper when it is

conducted as per the procedure. The charges are explained

to him clearly, witnesses are examined ordinarily in the

presence of employee and he is given fair and proper

opportunity to cross examine the witnesses and the IO

recorded his findings with reasons in his report. In support

of his argument the Ld. Adv. resorted to the Apex Court

ruling Sur Enamel and Stamping Works Ltd. V/s. The

workmen AIR 1963 SC 1994 wherein the same principles are

laid down by the Hon'ble Apex Court.

9. In the case at hand the charges were explained to the

workman in clear terms. The witnesses were examined in

his presence. He was given fair and proper opportunity to

cross examine the witnesses through his defence

representative. He has appointed the defence

representative of his choice. He was also given an

opportunity to lead his evidence. In the circumstances

neither it can be said that there is any procedural defect in

the inquiry nor it can be said that there was violation of

principles of natural justice as the inquiry was conducted

in Marathi and reduced in writing in English. In this back

drop I hold that the inquiry is fair and proper. Accordingly

I decide this issue no. 1 in the affirmative.

Issue No. 2:—

10. In respect of the charge the Ld. Adv. for the second

party has argued that the charge is not proved against the

workman. He pointed out that neither any offence was

registered against the workman nor he was sent for medical

examination. He also pointed out that no attempt was made

on behalf of the management to locate or trace out the

concerned dog. It is further pointed out that, such an incident

is totally improbable especially when the dog is not a pet dog.

In this respect the Ld. Adv. for the first party submitted that,

the witnesses of the management have seen the workman in

compromising position and their evidence need not be

discarded. According to the Ld. Adv. these witnesses are

independent witnesses. They have no enmity with the

workman. Therefore their statement was safely accepted by

the IO and the same cannot be viewed with doubt. The Ld.

Adv. for the first party further submitted that, in the

departmental inquiry standard of proof is limited to

preponderance of probabilities and the management need

not prove the charges beyond reasonable doubt as required

in a criminal proceeding.

11. In this respect at the outset I would like to point out

that the incident of indulging in sex with animal amount to

unnatural offence punishable under Section 377 IPC. Had

it been a fact, question arises as to why the concerned

witnesses or management did not lodge any police

complaint against the workman. Had there been police

complaint, the investigating officer would have sent the

workman for medical examination. He would have also

traced out the dog concerned. Not lodging any police

complaint against the workman is a serious flaw in the case

of the management. No explanation is offered as to why

they did not direct the concerned witnesses to lodge a

police complaint against the workman.

12. No doubt in departmental inquiry, standard of proof

is not as high as in criminal cases and mere preponderance

of probability suffices the purpose. In this respect after

perusing the evidence on record the incident appears totally

improbable. A stray dog is not expected to allow a person

even close to him. In the circumstances the incident of

indulging in unnatural sex with a stray dog by the workman

appears improbable especially as the workman is a married

person have wife and children. In such circumstances the

evidence on record cannot be said sufficient to prove the

charge levelled against the workman. The management in

this case has examined so called eye witnesses. However

their evidence does not withstand the test of preponderance

2434

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

of probability as stray dog would not allow a person to

indulge in such act. Furthermore neither the workman was

sent for medical examination nor there is any medical or

expert evidence on record. No doubt such an opportunity

to lead any additional evidence could have been given to

the management. However in the case at hand it appears

that there is no such additional evidence with the

management to prove the charges. Inspite of that with all

fairness I think it proper to give to the management an

opportunity to lead additional evidence, if any to prove

the charges. In the circumstances I hold that, though the

inquiry is fair and proper, the findings of the Inquiry Officer

are perverse. Accordingly I decide this issue No. 2 in the

affirmative and proceed to pass the following order:

ORDER

(i) The inquiry is held to be fair and proper.

(ii) The findings of the Inquiry Officer are found to

be perverse.

(iii) The first party is at liberty to lead additional

evidence, if any, to prove the charges.

Date: 11.3.2013

K. B. KATAKE, Presiding Officer

ubZ fnYyh] 21 Qjojh] 2014

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[lañ ,y&31012@19@1998&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 21st February, 2014

S.O. 919.— In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 62/1999) of the

Central Govt. Indus. Tribunal/Labour Court No. 2 Mumbai

now as shown in Annexure, in the Industiral Dispute

between the employers in relation to the management of

Mumbai Port Trust and their workman, which was received

by the Central Govenrment on 17/02/2014.

[No. L-31012/19/1998-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT : K.B. KATAKE, Presiding Officer

REFERENCE NO. CGIT-2/62 OF 1999

EMPLOYERS IN RELATION TO THE MANAGEMENT

OF MUMBAI PORT TRUST

The Chairman,

Mumbai Port Trust,

Ballard Estate,

Mumbai-400038

AND

THEIR WORKMEN

The Secretary,

Transport and Dock Workers Union

P.D'mello Bhawan

P.D'mello Road

Carnac Bunder

Mumbai-400038

APPEARANCES:

For the Employer : Mr. Umesh Nabar, Advocate

For the Workmen : Mr. A.M. Koyande, Advocate

Mumbai, dated the 8th February, 2013

AWARD

The Government of India, Ministry of Labour &

Employment by its Order No. L-31012/19/98-IR (M), dated

01.03.1999 in exercise of the powers conferred by clause

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

of the Industrial Disputes Act, 1947 have referred the

following industrial dispute to this Tribunal for

adjudication:

"Whether the action of the management of Mumbai

Port Trust in dismissing Shri Chandrakant Baburao

Holamb and Shri Ashok Mahadev Katkar from the

services of the Port is justified? If not, to what relief the

workmen are entitled?"

2. After receipt of reference from Ministry, notices were

issued to both the parties. In response to the notice, the

second party union has filed its statement of claim at Ex-6.

According to it, both these workmen were 'B' category

Mazdoors. They were charge-sheeted by charge-sheet dtd.

26.7.1996 alleging that both of them on 15.1.1995 in

furtherance of their common intension committed theft of 8

kg of Nickel Oxide (worth Rs. 80) from said No. 12, Indira

Docks. They were apprehended by survey security Guard

No. 116 of MbPT. They were found in possession of one

rexine bag containing the said material which they were

carrying jointly. The security guard informed the Yellow

Gate Police Station. The Police arrested both of them and

thereafter the management charge-sheeted these workmen

of failure to maintain absolute integrity and devotion to

duty and committing theft, fraud, and dishonesty in

connection with MbPT work or property. The workman

denied the charges. According to the union the inquiry

conducted against the workmen was against the principles

of natural justice and the findings of the IO are perverse as

they are not based on the evidence led before him. The

competent authority dismissed both the workmen from the

services. The sentence is shockingly disproportionate.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2435

3. Yellow Gate Police filed the charge-sheet in the Court

of Metropolitan Magistrate, Ballard Pier of Mumbai in CC

No. 566 P of 1995. The 16th Court of MM acquitted both

the workmen on 4.3.1997. They produced the copy of the

judgement before the disciplinary authority. However

disciplinary authority did not consider the findings of the

Metropolitan Magistrate. The Appellate Authority upheld

the said order in mechanical manner and did not consider

the evidence in the inquiry proceeding. According to the

union charges of misconduct are not proved against the

workmen. They further contended that even for the sake of

argument charge is presumed to have been proved, the

punishment awarded is disproportionate to the misconduct.

Union therefore prays that, the order of dismissal be set

aside and both the workmen be reinstated with full

backwages and continuity of service w.e.f. 28.07.1997.

4. The management of MbPT resisted the claim vide its

written statement at Ex-7. According to them the inquiry

conducted against the workmen was as per the principles

of natural justice. It was fair and proper. According to them

the findings of the inquiry officer are legal and based on

evidence on record. The punishment awarded to both these

workmen is perfectly legal and proper and not

disproportionate to the proved misconduct. Therefore they

pray that the reference be dismissed with cost. The union

filed rejoinder at Ex-8 and denied the contents in the written

statement and reiterated their version in the statement of

claim.

5. My Ld. predecessor framed the issues at Exh.9. The

issues, in respect of the fairness of inquiry and as to the

pervesity of findings of the Inquiry Officer are treated them

as preliminary issues. In Award Part-I my Ld. Predecessor

held that, the domestic inquiry was as per the principles of

natural justice. However he held that, findings of the Inquiry

Officer are perverse and the management was allowed to

lead evidence.

6. My Ld. Predecessor has recorded further evidence

and in Award Part-II he decided the remaining issues no. 3

& 4 and held that action of the management Mumbai Port

Trust in dismissing both the workmen from services is

unjustified and had directed the management to reinstate

both the workmen with full back wages. This Award part II

passed by of my Ld. Predecessor was confirmed by Single

Judge of Hon'ble Bombay High Court in Writ Petition. The

said order was challenged in Appeal before Division Bench.

The Hon'ble Division Bench by consent of both the

advocates set aside the said award and remanded the matter

back to decide the same in accordance with law.

7. Following are the issues nos. 3 & 4 for my

determination. I record my findings thereon for the reasons

to follow:

Sr. No. Issues

Findings

3.

Whether the action of management

No.

dismissing these two workmen from

service of Port Trust is justified?

4.

If not, what relief the workmen are

As per

entitled to?

the final

order.

REASONS

Issues nos. 3 & 4:—

8. The Ld. Adv. for the second party in this respect

submitted that, the testimony of the sole witness Mr. Surve

is totally unbelievable. Therefore in the criminal case CC

No. 566 P of 1995, the Ld. Metropolitan Magistrate has

acquitted both the workmen. The Inquiry Officer has not

considered the judgement of the said criminal court. The

Ld. Adv. for the second party therefore submitted that the

Inquiry Officer out to have reject the evidence of the said

witness whose testimony was not believed by the criminal

court. On the point the Ld. Adv. for the second party cited

Apex Court ruling in Capt M. Paul Anthony V/s. Bharat

Gold Mines Ltd. & Anr (1999) 3 SCC 679. In that case the

facts were similar i.e. the criminal case and departmental

proceedings were based on the identical set of facts,

namely, raid conducted at the appellants residence and

recovery of incriminating articles therefrom. Findings

recorded by IO therein indicates that charges against the

appellant were sought to be proved by the police Officer

and panch witness who had raided the appellant's house

and hard affected the recovery. They were the only

witnesses examined by the I.O. Relying upon their

statements he came to the conclusion that the charges

were established against the appellant. The same witnesses

were examined in the criminal case but the court on a

consideration of entire evidence came to a conclusion that,

no search was conducted nor was any recovery made from

the appellants' residence. The appellant was acquitted by

throwing out the whole case of the prosecution.

In the light of these facts the Hon'ble Apex Court

observed that :

"It would be unjust, unfair and rather oppressive to

allow the findings recorded at the ex-parte departmental

proceedings to stand."

9. On the point the Ld. Adv. for the first submitted that,

this ruling is in respect of ex-parte inquiry and the ratio laid

down therein is thus not applicable to this case, as inquiry

in this matter is held by this Tribunal as just and proper.

According to him to prove the charges the first party has

examined the main eye witness Ahmed Surve who was

Security Guard on duty and who has caught both the

workmen red handed with a rexine bag containing 8 Kgs. of

Nickel Oxide worth Rs. 80. He further submitted that, in

domestic inquiry the charge need not be proved beyond

reasonable doubt as required in criminal cases. On the other

hand in domestic inquiry mere preponderance of probability

suffice the purpose. He further submitted in domestic

inquiry the rules of Evidence Act are not strictly applicable.

In support of his argument the Ld. Adv. resorted to Division

Bench ruling of Hon'ble Bombay High Court in Appeal no.

1165/2005 on Writ Petition No. 3186 of 2002 decided on

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THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

17/01/2006 wherein Hon'ble Court while admitting the

appeal in this matter against the order of Single Judge, in

para 2 of the judgement observed that:

"In a criminal trial the evidence is appreciated by the

court by applying strict rule of evidence and proof

beyond reasonable doubt. On the other hand the

disciplinary proceedings, the evidence is appreciated

by the applying the principle of preponderance of

probability. The evidece that may fall short in a criminal

case for proving an act beyond reasonable doubt may

be sufficient to prove delinquency in the disciplinary

proceedings."

10. On the point the Ld. Adv. also cited Apex Court

ruling in State of Haryana & Ors. V/s. Rattan Singh 1977

LAB. I.C. 845(SC) in para 4 of the judgement the Hon'ble

Apex Court on the point observed that:

"In a domestic inquiry the strict and sophisticated rules

of evidence under the Evidence Act may not apply. All

materials which are logically probative for a prudent

mind are permissible."

11. In the light of the above ruling law is well settled on

the point that, in departmental inquiry, the strict proof is

not necessary to prove the charges. The charges therein

are not required to be proved beyond reasonable doubt as

required in criminal cases. In domestic inquiry standard of

proof is limited to the extent of preponderance of

probabilities. In this respect further I would also like to

point out that, the guideline is also given by the Hon'ble

Apex Court, in the above referred case of Rattan Singh

(Supra) wherein the Hon'ble Apex Court observed that.

"The departmental authorities and Administrative

Tribunals must be careful in evaluating such material

and should not glibly swallow what is strictly speaking

not relevant under the Evidence Act."

12. In the light of the above settled principles of law, in

respect of the alleged incidence, the Ld. Adv. for the second

party submitted that, the evidence on record is totally

unbelievable and unacceptable. He pointed out that, the

two workmen at 11 P.M. are not expected to commit theft of

such a small thing i.e. 8 kgs. of Nickel Oxide worth of

Rs. 80 only. It also appears improbable that, a Security

Guard alone caught two persons red handed with stolen

property and none of them even tried to run away. He

pointed out that witness Mr. Ahmed Surve has tried to

implicate both the workmen by saying that, both were

carrying the bag jointly. He has not made it clear as to how

the two workmen were carrying a small bag jointly

containing only 8 Kgs. of Nickel Oxide. It appears totally

improbable that, in odd hours in the night at 11.00 p.m.

they were holding jointly each end of the bag and exhibiting

the stolen property openly. Neither the bag was too heavy

nor, it was a big thing to hold by two persons. Witness Mr.

Surve says both the workmen were holding the bag jointly

or alternatively. His contention to that effect appears

improbable. It appears that he says so merely to implicate

both the workmen. Furthermore it also appears unnatural

and improbable that, none of them ran away or made any

attempt to escape, when they were obstructed by a single

Security Guard. It is also not explained by Mr. Surve how

he could hold both the workmen and took them to the

cabin. He says that he gave a ring to the Police, however

did not explain how he could apprehend both of them till

Police came there. He also did not explain how he realised

that, it was a stolen property in the bag. In his FIR he has

contended that, he asked the workmen from where thay

have brought the said property, but they did not tell

anything about it. It is pertinent to note that, in his

supplementary statement he has made improvement and

says that the workmen told him that, they have stolen the

Nickel Oxide from I.D. Godown no. 12. He further says in

his supplementary statement that, thereafter he went to

I.D. Godown no. 12 and inquired with Godown

Superintendent, Mr. Shyam Sawant and realised that, the

Nickel Oxide was stolen from the said godown. Therefore

he has lodged the complaint. This is not only improvement

in the story given in the FIR but is contrary thereto. He has

not explained where the two workmen were, when he had

gone to I.D. godown no. 12 and inquired with Mr. Sawant.

13. Furthermore I would like to point out that, the stolen

property was 8 Kgs. of Nickel Oxide. Price thereof is shown

only Rs. 80. Such a property is not useful to any other

person and cannot be sold easily in the market. The stolen

property is neither valuable nor has any special importance

to them. Thus it appears totally improbable that, the two

workers would come at 11 p.m. and would commit theft of

such goods worth of only Rs. 80. It appears improbable

that only one Security Guard Mr. Surve had caught hold of

the two workmen and they did not make any attempt to run

away and both stayed with him till arrival of Police party.

Had it been an incident of theft both the workmen could

have ran away when they had seen the Security Guard, at

least they would have made attempt to run away. They

could have also over powered the security guard who was

alone. All the facts and circumstances appear totally

improbable and unbelievable. They do not withstand even

on the touch stone of preponderance of probabilities.

Therefore the Ld. M.M. has also acquitted both the

workmen. My Ld. Predecessor has also recorded the finding

that the first party failed to prove the charges of theft and

trespass. The said award was also upheld by the single

Judge of the Hon'ble High Court. In Writ Appeal without

pointing out any infirmity or defect therein, the Hon'ble

Division Bench set aside the said order by consent of both

the advocates and remanded the reference back for fresh

award.

14. In the light of above discussion though the strict

rules of Evidence Act are not applicable to the departmental

inquiry, however in the case at hand the incident of theft

¹Hkkx II—[k.M 3(ii)º

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2437

does not withstand even to the test of preponderance of

probabilities. In the light of the above facts and

circumstances on record, it is clear that, the charge of

trespass and theft of 8 Kgs. of Nickel Oxide worth Rs. 80

by the two workmen as has been alleged is totally

unacceptable. In this backdrop I hold that the first party

failed to prove the charges of theft and trespass against

both the workmen and the findings of the inquiry officer to

that effect is found to be perverse. As a result I come to the

conclusion that, the punishment of termination deserves

to be set aside.

15. In respect of quantum of punishment, further I would

also like to point out that, even presuming for the sake of

argument that, the charge of theft is proved, for such theft

of 8 kgs of Nickel Oxide worth Rs. 80 the punishment of

termination of services of the two workmen also would have

been held to be shockingly disproportionate. In this case as

the first party failed to prove the charges against the second

party workmen, the punishment deserves to be set aside

and the workmen are entitled to be reinstated in the service.

16. In respect of back wages the second party have

amended their statement of claim and contended that both

the workmen are not gainfully employed. The workmen

have also filed additional affidavit on the point of gainful

employment. It is at Ex-40. In the cross examination at Ex-

40, workman Chandrakant Holamb says that, he used to

get Rs. 250 per week after termination of his service. Both

the workmen are admittedly not in service of the first party

and have not done any work for the first party. Therefore

Id. adv. for the first party submitted that 'no work no wages'

is the settled rule of law. He further submitted that both the

workmen must have earned something to maintain

themselves. Therefore according to him, the workmen are

not entitled to any back wages. As against this the Ld.

Adv. for the second party submitted that, both the workmen

have come from poor family. They have not committed any

mischief and they were deliberately kept out of work by the

first party. They sustained huge monetary loss and their

families suffered a lot. They were not gainfully employed

anywhere. In the circumstances, he submitted that the

workmen deserve for full back wages. After giving

conscious thought to the arguments of both the parties. I

am of the opinion that, awarding full back wages without

any work, would amount to unnecessary burden on the

state exchequer. At the same time I would also like to point

out that, both the workmen are very poor and are

unemployed. They may have earned some meagre amount

for their maintenance by working intermittently. In the

circumstances to meet the ends of justice. I think it proper

to direct the first party to pay 70% back wages to each of

these workmen. Accordingly I decide this issue no. 3 in the

negative and issue no. 4 is decided accordingly. Hence I

proceed to pass the following order:

ORDER

(i) The reference is partly allowed with no order as

to cost.

(ii) The Order of dismissal from service of both the

workmen is found to be not justified and the same

is hereby set aside.

(iii) The first party is directed to reinstate both the

workmen forthwith with 70% back wages from

the date of their dismissal from service till the

date of their reinstatement with continuity of

service and other beneifts.

(iv) The amount if any already paid be adjusted in the

arrears.

Date: 08.02.2013

K. B. KATAKE, Presiding Officer

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New Delhi, the 21st February, 2014

S.O. 920.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 128/2001) of the

Central Government Industrial Tribunal/Labour Court No.

2, Mumbai now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Hindustan Petroleum Corporation Limited

and their workman, which was received by the Central

Government on 17/02/14.

[No. L-30011/54/2001-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVENRMENT

INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT : K.B. KATAKE, Presiding Officer

REFERENCE NO. CGIT-2/128 OF 2001

EMPLOYERS IN RELATION TO THE MANAGEMENT

OF HINDUSTAN PETROLEUM CORPORATION LTD.

2438

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[PART II—SEC. 3(ii)]

The General Manager

Hindustan Petroleum Corporation Ltd.

Petroleum House

17, Jamshedji Tata Road

Churchgate

Mumbai-400 020.

AND

THEIR WORKMEN

(1) Deputy General Secretary

General Employees Association

Tel. Rasayan Bhavan

Tilak Road, Dadar

Mumbai.

(2) Workmen represented by Bhartiya Kamgar

Karmachari Mahasangh

5, Navalkar Lane

Prarthana Samaj

Girgaon

Mumbai-400 004.

APPEARANCES:

FOR THE EMPLOYER

: Mr. B.D. Birajdar,

Advocate

FOR THE WORKMEN (Union no. 1) : Mr. R.D. Bhat,

Advocate

FOR THE WORKMEN (BKKM)

: Mr. G.S. Baj,

Advocate

Mumbai, dated the 25th February, 2013.

AWARD

The Government of India, Ministry of Labour &

Employment by its Order No. L-30011/54/2001-IR (M), dated

13.11.2001 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 Charter of Demands raised by the General

Employees Association vide their letter dated 22/01/

2001 against the management of HPCL justified? If so,

to what relief the concerned workmen are entitled?"

2. After receipt of the reference both the parties were

served with notices. In response to the notice the second

party union filed their statement of claim at Ex-8. According

to them the workmen under reference are the employees of

HPCL. They are shown as contract workers. The contracts

are sham and bogus and nominal. It is mere paper made

arrangement. The contract workers are being exploited a

lot and they have been deprived of the rights and benefits

which they are entitled to under various social welfare and

labour legislations. The union has therefore placed various

demands before the management. They have placed charter

of demand, seeking wages, allowances and other facilities

at par with regular employees. The workmen are employed

for the work of HPCL in its marketing and refinery division.

They are doing the work of the permanent nature as like

regular workers since last number of years. Therefore prays

that their charter of demand in respect of payment of wages

and other allowance be allowed at par with the regular

employees who are doing the same type of work.

3. During pendency of the reference the other union

Bhartiya Kamgar Karmachari Mahasangh was also

impleaded as party. The said union has filed its statement

of claim on behlaf of its workers at Ex. 23 and list of their

workmen is Annexure 'A'. According to them these workmen

are employed in the employment of HPCL since last more

than 20 years. They have been assigned permanent and

perennial nature of work in HPCL refinery by the managerial

personnel of the company. Their work is being supervised

and controlled by the officers of the company. They are

answerable for their work to the company directly. There is

relationship between these workers and company that of

employee and employer. The company has made some

bougus, sham and concocted agreements to show these

workmen as contract labourers. Since last 20 years many

such alleged contractors have been changed however

workmen are the same. They are doing the work of perennial

nature as like permanent employees of the company. Still

there is vast difference in the terms and conditions of service

of these employees than that of the permanent and regular

employees of the company. These workmen are not given

any kind of statutory benefits such as CL, PL, SL. There is

vast difference in the salary structure and allowances

though they are performing the same type and kind of

work. The total salary paid to these workmen is hardly to

the tune of Rs. 3,500 to Rs. 4,000 p.m. Whereas the

permanent employees doing the same and similar kind of

work are paid near abour Rs. 20,000/- and aboe per month.

Time and again the union requested the management to

enhance the monthly wages and other terms and conditions

of services of these workmen. However management did

not pay any attention to their demand. The union has

submitted its charter of demand for and on behalf of its

members to the management vide its letter dt. 5/10/2005

and requested for amicable settlement. However no

meeting has been arranged by the management. The

workmen under reference are not getting sufficient pay

and allowances. They are also not getting leave travel

allowance, medical allowance, medical facilities,

conveyance and washing allowance, sick leave, uniform

and bonus facilities etc. as like the permanent employees.

The union therefore prays that these workmen should be

declared as permanent workmen of HPCL and they should

be paid all consequential benefits of permanency w.e.f. the

date each of them had completed 240 days continuous

service. In the alternative they pray that they be paid all

the consequential benefits at par with permanent

employees and should be granted it w.e.f. the date when

Hon' ble High Court passed an order on 5/4/2002 in WP

No. 767 of 2001 and also prays for all other consequential

reliefs.

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2439

4. The management of HPCL has resisted both the

statement of claims vide their written statement at Ex-9 &

24. According to them reference is not tenable as the

workmen under reference are not the employees of HPCL.

On the other hand they are employees of the respective

contractors. As there is no employer-employee relationship

the reference is not tenable. According to them Bhartiya

Kamgar Mahasangh has no representative character to

pursue the reference as they have hardly few directly

employed persons in the refinery. Therefore this union has

no capacity to pursue the reference. These workmen cannot

be absorbed or regularised in service as they are contractual

labourers. The Apex Court has laid down the guidelines to

that effect in the judgement of Steel Authority of India Ltd.

They denied that the workmen were engaged by the

Corporation since last 20 years and they are doing perennial

nature of work. They denied that these workmen are working

under supervision and control of the officers of the

company. The Corporation awards the contracts to different

successful contractors over a period of 20 years depending

upon the lowest bid of the contractor to carry out different

jobs of the Corporation as per The Contract Labour (R &

A) Act 1970 and the contractors have been engaging the

contract workmen with an understanding among the

outgoing and incoming contractors. The Corporation has

no supervision or control over the contract workmen.

5. The Corporation recruits their employees as per its

recruitment rules and regulations. The Contractual

employees are recruited by the contractor therefore they

cannot be regularised. They denied all the allegations in

both the statement of claim. They denied that the contracts

are sham, bogus and mere camouflage to deprive these

workmen from getting benefit of permanency. The

management of HPCL therefore submitted that as these

workmen are not employees of the corporation their

demands are not tenable in the eye of law. Therefore they

pray that the reference be rejected.

6. Both the unions have denied the contents in the

written statement vide their respective rejoinder at Ex-10 &

25. They denied the contents inthe written statement and

reiterated their claim that the contracts are sham, bogus

and mere camouflage to deprive them from the benefits of

permanency. Therefore they pray that the contents in the

written statement be rejected and the management be

directed to absorb all the workmen in their service

permanently and to give them all consequential benefits.

7. My Ld. Predecessor framed the following issues for

my determination. I record my findings thereon for the

reasons to follow:

Sr.

Issues

Findings

No.

1.

Whether the workers under reference Yes

are 'workmen' as defined under

Section 2 (s) of the Industrial Disputes

Act?

2.

Whether reference is not

Reference is

maintainable under Section 2 (k)

maintainable

of the Industrial Disputes Act?

3.

Whether the demands raised by the

Yes

General Employees Association vide

their letter dated 22/1/2001 and by

BKKM representing its members

against the management of HPCL

is justified?

4.

If so, what relief the concerned

As per final

employees are entitled to?

order

REASONS

Issues Nos. 1 & 2:—

8. The point involved in both these issues are revolving

around the point in issue as to whether the workmen under

reference are the employees of the first party. Therefore in

order to avoid the repetition of discussion both these

issues are discussed simultaneously. It is the case of the

first party that these workmen are not their employees.

According to them they are the employees of respective

contractors. Therefore according to the first party neither

the contract labourers can claim permanency or

regularisation nor can raise an industrial dispute. According

to them the Labour Court or Industrial Tribunal has no

right to abolish the labour contracts. Such power lies with

appropriate Government only. In support of this argument,

the Id. adv. for the first party resorted to Apex Court ruling

in N.T.P.C. & Ors. V/s. Bhadrisingh Thakur & ORs. 2008

AIR SCW 5649 wherein the Hon'ble Court para 14 of the

judgement observed that;

"In view of the provisions of Section 10 of the Act, it is

only the appropriate Government which has the authority

to abolish genuine labour contract in accordance with

provisions of the said section. No Court including the

industrial adjudicator has jurisdiction to do so."

However in the same judgement the Hon'ble Court

further observed that;

"When such dispute is raised, the industrial adjudicator

has to decide whether the contract is sham or genuine.

It is only if the adjudicator comes to the conclusion that

the contract is sham, that he will have jurisdiction to

adjudicate the dispute. If however he comes to the

conclusion that contract is genuine he may refer the

workman to the appropriate Government for abolition

of the contract labour under Section 10 of the Act and

keep the dispute pending."

9. In the case at hand it is the case of the second party

that the contracts between the company and the contractors

are sham and bogus. Therefore as observed in the above

ruling, this tribunal has jurisdiction, to decide the point as

to whether the contracts are sham and bogus and mere

camouflage to deprive the workmen from getting the benefits

2440

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

of permanency. In the circumstances it is clear that, the

ratio laid down in the above ruling does not extend any

help to the first party.

10. In respect of nature of contract, it was argued on

behalf of the first party that there were valid contract of the

company with registered contractors, who have supplied

these labourers to the company. The labourers have to

work as per the direction of the company. Merely giving

direction or supervising their work by officers of the

company is not sufficient proof to show that the workmen

are direct employees of company. In support of his

argument the Id. adv. resorted to Apex Court ruling in

International Airport Authority of India V/s. International

Air Cargo Workers Union & Anr. AIR 2009 SC 3063 wherein

in para 28 of the judgement. the Hon'ble Court on the point

observed that;

"Merely because the contract labour work is under the

supervision of the officers of the principal employer, it

cannot be taken as evidence of direct employment under

the principal employer."

11. On the point Id. adv. for the first party also resorted

to another Apex Court ruling in General Manager (OSD),

Bengal Nagpur Cotton Mills, Rajnandgaon V/s. Bharat Lal

& Anr. 2011 (1) LLN 368 (SC) wherein Hon'ble Court held

that merely because work instructions were issued by

officers of principal employer does not make him his

employer rather than contractor.

12. In this respect the Id. advocates for the second party

submitted that the workmen are not claiming contract are

sham and bogus merely on the ground that, they were

working under direct control of the officers of the company.

According to them there are number of other factors,

indicating that these workmen are employees of the first

party and the contracts are sham, bogus and nominal.

According to them, these workmen are working for more

than 20 years continuously when the contractors were keep

on changing periodically. Contractors were engaged for

one or two years and the same workers continued to work

for more than 20 years. Furthermore the vast duration of

work indicate the perennial nature of work and permanent

need of services of the workers. According to them the

long duration is one of th circumstances indicating the

regular need of work to the company. In support of their

argument, the Id. Advs. resorted to Apex Court ruling in

Workmen of Burkunda Colliery of Central Coal Fields Ltd.

& Anr. V/s. Management of Burkunda Colliery of Central

Coal Fields Ltd. & Anr 2006 I CLR 635 (S.C.) wherein the

Hon'ble Court on the point observed that;

"When temporary or ad-hoc appointment are continued

for long, Courts presume that there is regular need for

his services on regular post and considers case for

regularisation."

13. The Ld. Advocates pointed out that in the case at

hand the same workmen are working for more than 20 years

continuously. It indicates that the need of the employer is

of perennial and regular nature and their services are

required on regular posts. This fact also indicates that, the

contracts are sham, bogus and mere camouflage to deprive

them from the benefits of permanent employees.

14. In this respect Ld. Adv. for the first party submitted

that employee who has not come through Employment

Exchange and not recruited after following the procedure

prescribed therefor cannot be absorbed as permanent

employee. In support of his argument the Ld. Adv. resorted

to Bombay High Court ruling in Airport Authority of India,

Mumbai V/s. Indian Airport Kamgar Union & Ors. 2010 III

CLR 270 wherein the Hon'ble Court held that when the

contract labourers do not come through Employment

Exchange nor they have appeared for any written test and

they have no complaint against the contractor who pays

them their salaries and other benefits and when no charge

sheet are issued to them by the principal employer, despite

its supervision and control, these are all the incidents of

the contract between the labourers and contractors which

contract cannot be termed as sham and bogus.

15. The Ld. Adv. for the first party further submitted

that the abolition of contract labour cannot be directed by

the Court or Tribunal. Under section 10 of the Contract

Labour Act, only appropriate Government can take the

action to that effect. In support of his argument, the Ld.

Adv. resorted to Apex Court ruling in Steel Authority of

India Ltd. V/s. Union of India and Ors. 2006 III CLR 659

wherein the Hon'ble Court on the point observed that;

"It is not disputed before us that matter relating to

abolition of Contract Labour being governed by the

provisions of the 1970 Act, the Industrial Court will have

no jurisdiction in relation thereto."

16. In this respect Ld. Adv. for the second party

submitted that, the workmen herein are not praying for

abolition of contract labour system. On the other hand

they claim theat the contracts are sham and bogus and

mere camouflage to deprive them from getting the benefits

to permanency. Therefore they rightly argued that, the ratio

laid down in the above ruling is not attracted to the set of

facts of the present case.

17. The Ld. Adv. for the the second party submitted that

the union herein claims that the contracts are sham and

bogus. Therefore this Tribunal has jurisdiction to entertain

the reference. On the point they relied on the Constitutional

Bench, Apex Court ruling in R.K. Panda & Ors. V/s. Steel

Authority of India & Ors. 1994 II CLR 402 wherein

employees therein were serving for 10 to 20 years and have

claimed that they became direct employees of the

respondent and they have direct link with the principal

employer eliminating the contractor from the scene. In that

matter the Hon'ble Court held that, normally the Labour

¹Hkkx II—[k.M 3(ii)º

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2441

Court or Industrial Tribunal under the I.D. Act or under the

Contract Labour Act are the competent fora to adjudicate

such disputes on the basis of the oral and documentary

evidence produced before them. Same ratio is reiterated by

the Hon'ble Apex Court in its subsequent judgement in

National Federation of Railway Porters and Vendors and

Bearers V/s. Union of India & Ors. 1995 II CLR 214 (SC).

The Ld. Adv. for the first party in this respect also cited the

Apex Court ruling in The Secretary, State of Karnataka &

Ors. V/s. Uma Devi & Ors. 2006 (3) L.L.N. 78 wherein, the

Hon'ble Court held that, the services of contract workers,

cannot be regularised as it would amount to back door

entry in the service other than the recruitment process. In

this respect I would like to point out that, the unions herein

are not claiming regularisation or absorption in the service.

On the other hand according to them the contracts are

sham and nominal and the workers are in fact direct

employees of the company. Therefore the ratio laid down

in the above Apex Court ruling in the case of Uma Devi is

also not attracted to the set of facts of the case at hand.

18. The Ld. Adv. for the second party submitted that,

though these workmen are not recruited by following the

recruitment process, they are doing their respective jobs

since more than 20-25 years. It indicates that, their respective

jobs are of perennial and regular nature and the company

was also in need to the services permanently. The ability

and qualification etc. of these workmen was never

questioned by the company for last number of years. Some

of them are also doing technical jobs like valve operators

etc. The period they have worked for is sufficient to show

that, they were well trained and competent to do their

respective josb assigned to them. The Ld. Adv. further

pointed out that not only these workmen were working

under direct supervision of the officers of the company

but they were doing the work of perennial nature. They are

doing the respective jobs continuously for years together

without any interruptions whereas the contractors were

kept on changing after gap of a year or two. It is further

pointed out that the officers of HPCL have appreciated the

work of some of the workers and have issued letters of

appreciation to them for the excellent work they have

performed. These letters are on record with list Ex-53. He

also pointed out that, once upon a time the first party

company had issued PF slips to these workmen. Those PF

slips are on record at Ex-49. These PF slips indicate that

these workmen were working as employees of the company

for few years since 1999. For that period PF slips were not

issued by the contractors. All these facts indicate that the

workmen herein were continuously working for the

management for more than 20-25 years and the company

was signing number of contracts merely to deprive these

workmen from getting the benefits of permanency. He

further pointed our that these workmen are working for

meagre amount of minimum wages. After such a long service

of more than 20 years their monthly pay is Rs. 5000 to

Rs. 7000 only whereas the permanent employees,

performing the same work are getting much more pay,

allowances, leave medical leave facilities, canteen facilities,

leave travel concession etc. According to the Ld. Adv. for

the second party, the workmen herein are very poor and

fighting to meet the two ends of their respective families.

They hardly can spend any thing for the education and

welfare of their children. By this type of policy of the

company, poor are getting poorer. He further submitted

that all these workmen are very poor and therefore they

have no other alternative but to work for such a meagre

amount for number of years. The Ld. Adv. further submitted

that such type of exploitation needs to be checked. He

pointed out that there are number of labour welfare

legislations enacted in order to give protection to the

workmen. Inspite of that, exploitation of the poor class is

still going on under the garb of contract labourers or daily

wagers.

19. Hon'ble Apex Court in a recent ruling has taken note

of such exploitations of the poor workmen in Bhilwara

Dugdh Udpadak Sahakari S. Ltd. V/s. Vinod Kumar Sharma

& Ors. 2011 III CLR 386 (SC) wherein, the Hon'ble Apex

Court in respect of such exploitation in the name of so

called contract labourers or daily wagers observed that;

"This appeal reveals the unfortunate state of affairs

prevailing in the field of labour relations in our country.

In order to avoid their liability under various labour

statute employers are every often resorting to subterfuge

by trying to show that their employees are infact the

employees of a contractor. It is high time that this

subterfuge must come to an end. Labour statutes were

meant to protect the employees/workmen because it

was realised that the employer and the employees are

not on an equal bargaining position. Hence protection

of employees was required so that they may not be

exploited. However this new technique of subterfuge

has been adopted by some employers in recent years in

order to deny the rights of the workmen under various

labour statutes by showing that the concerned workmen

are not their employees but are the employees/workmen

of a contractor or that they are merely daily wage or

shot term or casual employees when in fact they are

doing the work of regular employees."

The Hon'ble Court further observed that;

"This Court cannot countenance such practices

anymore. Globalisation/liberalisation in the name of

growth cannot be at the human cost of exploitation of

workers."

20. The observations of Hon'ble Court are squarely

applicable to the case at hand. The workmen herein are

working since more than 20 years continuously. They are

doing the work of perennial nature. Inspite of that the first

party seems to have inducted some contractors and paying

only minimum wages which is not sufficient in these days

even to meet two ends of their families. It amounts to

2442

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

exploitation as has been observed in the above ruling. In

the light of facts and circumstances of this case, I hold that

the workmen herein are the employees of the first party

and there exists employer-employee relationship between

them. Consequently I also hold that the reference is an

industrial dispute as contemplated under Section 2 (k) of

the I. D. Act, 1947. Accordingly I decide this issue No. 1 in

the affirmative and issue No. 2 in the negative that reference

is maintainable.

Issues Nos. 3 & 4:—

21. In the light of discussions and findings of issues

Nos. 1 & 2 herein above it is clear that the contracts between

the first party and the various contractors are found to be

sham and bogus and the workmen under reference are held

the employees of the first party. They are working there

since last more than 20 years continuously. They are doing

the work of perennial nature as has been discussed herein

above. I therefore hold that these workmen are entitled to

the pay, allowances and other benefits at par with the

permanent employees on the basis of principle of 'equal

work equal pay'. The charter of demand is in respect of the

pay, allowances, bonus and other benefits to these workmen

at par with permanent employees of the first party. In this

backdrop it needs no more discussion to arrive me at the

conclusion that, the demand of the workmen under reference

is quite justified. Accordingly I decide this issue No. 3 in

the affirmative. In respect of issue No. 4 I hold that the

workers under reference are entitled to pay, allowances

and all other benefits at par with regular employees of the

respective cadre of the first party. In short they are entitled

to get the benefits they have put forward by way of their

charter of demand by their letter dt. 22.01.2001 w.e.f

05.04.2002 i.e. from the date of order of Hon'ble High Court

passed in Write Petition No. 676 of 2001. Thus I proceed to

pass the following order:

ORDER

(i) The reference is allowed with no order as to cost.

(ii) The intermediate contracts with various

contractors, are hereby declared as sham, bogus

and nominal.

(iii) The workmen under reference are declared as

regular employees of the first party.

(iv) The charter of demand dated 22-01-2001 is found

to be just and proper. The first party is directed to

pay salary, allowances and all other benefits to

the workmen under reference as per the charter of

demand forthwith and w.e.f. 5-4-2002.

(v) The first party is directed to pay all the arrears of

the respective workmen within six months; 50%

in cash and the rest of the amount be deposited in

their respective Provident Fund Accounts.

Date: 25.02. 2013

K. B. KATAKE, Presiding Officer

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 921.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj jktegy DokVZ~t+ lsaM

,aM dsvksfyu 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; uñ 2] /kuckn ds iapkV ¼lanHkZ la[;k

180@2001½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 17@2@2014

dks izkIr gqvk FkkA

[lañ ,y&29012@29@2001&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 21st February, 2014

S.O. 921.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 180/2001) of the

Central Government Industrial Tribunal/Labour Court No.

2, Dhanbad now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Rajmahal Quartz Sand and Kaolin Company

and their workman, which was received by the Central

Government on 17/2/2014.

[No. L-29012/29/2001-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT: SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act., 1947.

REFERENCE NO. 180 OF 2001.

PARTIES

: Sh. Kanahai Mandal

Gen. Secretary, Mangalhat

Zila English Khadan Mazdoor

Sangathan, Jharkhand, Sahibganj,

Vs. M/s. Rajmahal

Quartz-Sand & Kaolin Co.,

1, N.C. Bose Road, Sahibganj,

Jharkhand

APPEARANCES:

On behalf of the workman/Union : Mr. U.N. Lal

Ld. Advocate

On behalf of the Management

: Mr. B.B. Pandey

Ld. Advocate

State : JHARKHAND

Industry : Coal

Dated, Dhanbad, the 31st Dec., 2013

AWARD

The Government of India, Ministry of Labour, in exercise

of the powers conferred on then under Sec.10(1)(d) of the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2443

I.D. Act., 1947 has referred the following dispute to this

Tribunal for adjudication vide their Order No. L-29012/29/

2001-IR(M) dt. 18.06.2001.

SCHEDULE

"Whether the action of the management of M/s Rajmahal

Quartz Sand & Kaolin Co. in declaring lock out w.e.f.

07.07.1999 at the New Plant and non-payment of wages

to the Workers is justified. If not, to what relief are the

workmen entitled?."

2. The case of the General Secretary, Zila English Khadan

Mazdoor Sanghthan, Mangalhat, Rajmahal, Distt :

Sahebganj as stated in the written statement is that 109

workmen of the Union were working as disciplined at the

new plant of the M/s. Rajmahal Quartz Sand & Kaolin Co.

While they were engaged in washing China Clay in the

press and Crusher department of the new plant, the

management issued them the notice dt. 6.7.99 for suspension

of the work illegal lock out w.e.f. 7.7.99 as result of the

violation of the terms and conditions of the Bipartite

agreement dt. 28.01.1999 by the workmen represented by

Khadan Mazdoor Sangh. The General Secretary of the

present Union raised by his letter dt. 9.7.99 the Industrial

Dispute before the Regional Labour Commissioner, ©,Patna.

In course of the conciliation proceeding as per File

No.5(81)99ALC-II, both the parties settled it as per the

terms and conditions of the Bipartite Agreement dt. 10.9.99

and accordingly the work was started by the workmen on

12.9.99 at other place of work. Though the Management

had submitted five copies of the Bipartite Agreement in the

proceedings before the ALC © Patna, on 14.9.99 but the

dispute of the wages of forced idleness period was pending.

Again at raising a dispute by the present Union as per its

letter No. 26.4.2000 for the wages of forced idleness period

of illegal lock out the conciliation proceeding started before

the ALC©,Patna in the file No.5(3)/2000 ALC II filed, hence

it resulted in the case. How other workers of the Khandan

Mazdoor Sangh, Maharajpur Nayatola would affect the

present workmen. The 109 workmen as per the list to the

written statement are entitled to full wages to the tune of

Rs. 10,48,686.87 as calculated in their written statement.

(The reference has no list of alleged workmen.)

3. The dateless rejoinder of the workmen filed on their

behalf of without signature of any Union Representative,

so it is unacceptable.

4. Whereas the case of the O.P./Management with

categorical denials is that M/s. Rajmahal Quartz Sand &

Kaolin Co., hereinafter referred to as M/s. R.Q.S.K. has it

China Clay Mines at Mangalhat Hill, Rajmahal, Jharkhand.

The raw materials known as K.S, Stone as extracted from

the Mine. It consists of China Clay and silica sand. Its

needs separation for commercial use. Thus the

Management has its mine and washing plant for the said

purpose. It has two washing plants i.e., one manual and

other merchandised which is semi mechanized commonly

known as New Plant. The entire total labour strength about

450 workmen have been accordingly distributed at three

places in Mine, Manual Plant and New Plant. The dispute

relates to the new Plant where the total strength of workmen

is about 175. Out of four Unions functioning at the

establishment, the New Plant has two Unions active,

namely, the present Union and Khadan Mazdoor Sangh. In

case of any dispute or differences, the Management used

to settle the matter at the Unit level. Such agreements were

binding on all the concerned workmen. There was an

agreement on 28.01.1999 about the rate of the New Filter

Press of New Plant between the representatives of the union

and that of the management, and amongst others, but the

same was not honoured. The workmen of New Plant (Press

Section) adopted 'go slow tactics', affecting other sections

by their behaviour and activities, the management

apprehended of breach of peace at the plant. The workmen

also refused to work in two shifts, for which prior notices

were issued; under the compelling circumstances, the

management had to suspend the work of China Clay depart

and press Depart of New Plant form 7.7.99. The workmen

had created such position so as no alternative for the

management except to suspend the work of New Plant and

for the same, the work of Washing Department, China Clay

Pressing and Cushing Departments of the New Plant was

suspended from 07.07.1999 as per the Notice dt. 6.7.1999

for the various facts and reasoned for it. Thereafter, the

workmen realized their fault, and then approached the

Management for work. Subsequently, as per the agreement

dt. 10.9.1999, the workman concerned were provided with

work from 12.9.1999 at other place (Manual Plant) as

alternative work. The management was always sincere in

their efforts. So the suspension of work (Lock out) was

under the provisions of law and justified. The workmen are

not entitled to any payment of wages on the basis of the

principle of "no work no pay" for the said period they had

not worked as accepted by them in the case. The alleged

demand for remaining of the workmen idle is unjustified for

the reasons of go slow tactics and objectionable behaviors

creating breach of peace etc. So the workman is not entitled

to any relief.

5. Specifically denying the allegations of the Union, the

O.P./Management has stated that the said agreement was

binding on all the workmen of New Plant and the violation

of the agreement was by all workmen irrespective of any

Union. The Reference No.180/2000 as per the Government

of India's Order No.L-29011/12/2000-IR(M) dt. 31.05.2000

in respect of the action of the management in declaring

lock out w.e.f. 6.7.1999, resulting in non-employment of 175

workers is still pending in the CGIT (No.1), Dhanbad, but

the Union took no step till date. No claim is sustainable for

the period for which they have worked and got their wages.

The period of idleness was due to the fault of the workmen

themselves, and the management has not taken any work

from them during the said period, the management is not

liable to pay any wages for the said period. Sec.22 of the

I.D. Act 1947 is not applicable to this case.

2444

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

FINDING WITH REASONS

6. In the instant reference, WW1 Deven Yadav, the

Operator, WW2 Sukhadeo Singh, (Retd. Operator of the

R.Q.S. Company) for the Union, and MW1 Mohan Sah, the

Production In charge for the O.P./Management have been

respectively examined.

Mr. U.N. Lal, Learned Advocate for the union has

submitted that as per the statement of WW1 Devan Yadav,

(one of the 109 workmen as per the list to the written

statement), all the workmen had gone to the Company for

work/duty on 7.7.1999 from 6 a.m. to 2 p.m. as also for the

second shift of duty but they found that the company was

locked, though they sat there. Consequently on 9.9.1999 at

the calling for the workmen by the company itself, there

was a bipartite agreement (Ext. W.3) on 10.9.1999 between

the Company and them according to which they were given

workmen w.e.f. 12.9.1999 at different plant of the Company

at 1 K.m. away from the company; none of the workmen

was paid for the lock out period of the Company, for which

they also brought a fresh industrial dispute on 26.8.2000;

so they are entitled to their wages for the illegal lock out

period from 7.7.1999 to 11.9.1999 as also affirmed by WW2

Sukhdeo Rajak, the Retd. Operator now also evident from

their documents Extt. W.1 to W.4. Mr Lal, Learned Counsel

for the union has further submitted that MW1 Mohan Sah

confirmed their lock out as per the Company's Notice dt.

6.7.1999 from 7.7.1999 and non-payment of their wages for

the lockout period.

7. Whereas Mr. B.B. Pandey, Learned Counsel for the

O.P./Management vociferously contended that the

Referenced schedule neither refers to the number of the

workmen nor the period of alleged lock out, so it is

unsustainable as vague. Mr. Pandey has further submitted

that MW1 Mohan Sah, the Production In-charge of the

Company, has irrebuttably proved that the suspension of

work at the New Plant operated since 7th July, 1999 as per

the Notice dt. 6.7.1999 of the Management in Hindi and

English (Ext.M.1 & 2 respectively) due to the arbitrariness

of the workmen by adopting 'Go slow' as well as forceful

taking of wages from the management, remaining so until

the settlement held on 10.9.1999 between the Union for the

workman and the management for start of workmen at the

New Plant on the basis of which those workmen were

alternatively given their employment at the manual plant in

the night shift, so their claim for payment of their wages for

alleged period of suspension of work at the new plant is

not legally justified. Lastly the emphatic contention of

Mr. Pandey, Learned Counsel for the O.P./Management is

that another Industrial Dispute Ref. No. 180/2000 raised by

the same Union was disposed of as No dispute Award as

per the Award dt. 2nd Sept., 2010 of the CGIT No. 1,

Dhanbad which directly related to the action of this same

management in declaring lockout w.e.f. same date 6.7.1999

resulting in non-employment of 175 workers as apparent

from the Certified Copies of the Award and Order of

Reference (Ext. M-4/2-3 respectively)

8. After hearing both the Learned Counsels for both

respective parties, I have gone through the materials

available on the case record; I find the facts as under:

(i) The present reference as per its schedule is

without numbers or a list of workmen but the same

union filed its written statement with a list of 109

workmen. It is vague.

(ii) There was a valid & legal suspension of work by

the O.P./Management for the arbitionsiness and

go slow tactics of the workmen in their work at

the new plant, though compliance of provision of

notice as under Sec. 22 of the I.D. Act 1947 is not

applicable to the present cases, as the present

industry of China Clay and silica does not come

under any of the Public Utility Services as defined

under the schedule I of the said Act.

(iii) The present reference is thoroughly barred by

the principle of Res-judicata, as the previous

Ref. No. 108/2000 raised by the same Union

against the same Management for the same

cause was awarded as 'No Dispute' as per the

Award dt. 2.9.2000 passed by the C.G.I.T. No. 1,

Dhanbad (Ext.M.4/2.). Under the circumstances,

it is however, in the terms of the reference

hereby:

ORDERED

That the action of the Management of M/s Rajmahal

Quartz-Sand & Kaolin Co, Rajmahal to lock out from

7.7.99 at its new plant for its valid reason and not to

pay the wages for the workers for the period as quite

legally justified, Hence, none of workers is entitled to

any relief.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 922.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dqekj th lh ik.Ms;

,aM 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; uñ 2] /kuckn ds iapkV ¼lanHkZ la[;k

32@2012½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 17@2@2014

dks izkIr gqvk FkkA

[lañ ,y&29011@16@2011&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 21st February, 2014

S.O. 922.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (Ref. No. 32/2012) of the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2445

Central Government Industrial Tribunal/Labour Court No.

2, Dhanbad now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Kumar G.C. Pandey and Company and their

workman, which was received by the Central Government

on 21-2-2014.

[No. L-29011/16/2011-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (No. 2), AT DHANBAD

PRESENT : SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act, 1947.

REFERENCE No. 32 OF 2012.

PARTIES

:

The General Secretary,

Quarry Workers Union, Pakur

Vs. M/s Kumar G.C. Pandey

Company, Khaprajola, Pakur

APPEARANCES:

On behalf of the Workman/Union : None

On behalf of the Management

: None

State : Jharkhand

Industry : Coal

Dated, Dhanbad, the 27th Dec., 2013

AWARD

The Government of India, Ministry of Labour, in exercise

of the powers conferred on then under Sec.10(1)(d) of the

I.D. Act, 1947 has referred the following dispute to this

Tribunal for adjudication vide their Order No. L-29011/16/

2011-IR(M) dt. 02.05.2012.

SCHEDULE

"Whether the action of the management of M/s Kumar

G.C. Pandey & Co., Malpahari, Pakur, in not paying the

amount of bonus of the last 5 years to Shri Krishna

Mandal is legal and justified? What relief the workman

is entitled to ?’’

2. None appeared as the Union representative for

"Quarry Workers" Union, Pakur, nor workman Krishna

Mandal appeared nor any written statement of the workman

filed by any of them; likewise none appeared for O.P./M/s

Kumar G.C. Pandey Co.,

On perusal of the case record, it appears that the case

has been all along pending for filling the written statement

of the workman Krishna Mandal along with the

documents in the reference which related an issue about

the payment of Bonus for the last five years, but despite

four Regd. Notices dt. 25th June, 2012, 7th Jan, 24th May,

4th Nov., 2013 having been issued to the Union as well as

to the O.P./Company concerned on their respective

addresses as noted in the reference itself, neither the Union

Representative nor the workman appeared nor any written

statement till now filed on behalf of the workman. Under

these circumstances, the conducts of the Union

Representative and the workman clearly show that they

are not willing to pursue the case for finality. Hence the

case is closed as no Industrial dispute existent; accordingly

an Award of No Dispute is passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 923.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dqekj th- lh-

ik.Ms; ,aM 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;y; uñ 2 /kuckn ds iapkV ¼lanHkZ la[;k

33@2012½ izdkf'kr djrh gS tks dsUnzh; ljdkj dks 17&2&2014 dks

izkIr gqvk FkkA

[lañ ,y&29011@19@2011&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 21st February, 2014

S.O. 923.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 33/2012) of the Central

Government Industrial Tribunal/Labour Court No. 2,

Dhanbad now as shown in the Annexure in the Industrial

Dispute between the employees in relation to the

management of Kumar G.C. Pandey and Company and their

workman, which was received by the Central Government

on 21-2-2014.

[No. L-29011/19/2011-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (No. 2), AT DHANBAD

PRESENT:

SHRI KISHORI RAM

Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act., 1947.

REFERENCE No. 33 OF 2012

PARTIES

: The General Secretary,

Quarry Workers Union, Pakur

Vs. M/s Kumar G.C. Pandey Company,

Khaprajola, Pakur

APPEARANCES:

On behalf of the workman/Union : None

On behalf of the Management

: None

2446

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

State : Jharkhand

Industry : Coal

Dhanbad, Dated the 27th Dec., 2013

AWARD

The Government of India, Ministry of Labour, in exericse

of the powers conferred on then under Sec. 10(1)(d) of the

I.D. Act., 1947 has referred the following dispute to this

Tribunal for adjudication vide their Order No. L-29011/19/

2011-IR(M) dt. 02.05.2012.

SCHEDULE

"Whether the action of the management of M/s Kumar

G.C. Pandey & Co., Malpahari, Pakur, in not releasing

the final dues to 22 workers (list enclosed) is legal and

justified? What relief the workman is entitled to?"

2. Neither Union representative for Quarry Workers'

Union, Pakur, nor any of twenty two workers as per the list

appeared nor any written statement of the workmen filled

by the union, just as none appeared for the O.P./M/s Kumar

G.C. Pandey Company.

On perusal of the case record, the case has been all

along pending for filing written statement and the

documents of the workmen for which four Regd., Notices

dt. 17.1.13, 25.6.2012, 17.4.2013 and 23.5.13 were issued to

the General Secretary of the Union and the Company

concerned on their respective addresses noted in the

Reference itself. The Union Representatives as well as the

workmen by their conducts appear to be uninterested in

pursuing the case. Under these cirumstances, it prima-facie

appears to be useless to proceed with the case. Hence, the

case is closed as no Industrial Dispute existent; and

accordingly an Award of 'No dispute' is passed.

KISHORI RAM, Presiding Officer

List of workmen

S/Sh.

1.

Mirtun Rajbanshi

2.

Nepa Rajbanshi

3.

Arjun Rajbanshi

4.

Suku Seikh

5.

Vikas Ravidas

6.

Jagdish Rajbanshi

7.

Badam Rajbanshi

8.

Mahadev Rajbanshi

9.

Ashok Rajbanshi

10.

Shishir Karmkar

11.

Sufal Rajbanshi

12.

Rehman Seikh

13.

Kalu Seikh

14.

Sukumar Rajbanshi

15.

Sapan Rajbanshi

16.

Pujrai Rajbanshi

17.

Krishna Sah

18.

Sukumar Sah

19.

Kalu Rajbanshi

20.

Ananta Rajbanshi

21.

Parikha Rajbanshi

22.

Bablu Rajbanshi

ubZ fnYyh] 21 Qjojh] 2014

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14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fjyk;al ykbQ

bU'kqjUl daiuh fyfeVsM 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;y; uñ 2 /kuckn ds iapkV

¼lanHkZ la[;k 41@2012½ izdkf'kr djrh gS tks dsUnzh; ljdkj dks

17&2&2014 dks izkIr gqvk FkkA

[lañ ,y&17012@18@2011&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 21st February, 2014

S.O. 924.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 41/2012) of the Central

Government Industrial Tribunal/Labour Court No. 2,

Dhanbad now as shown in the Annexure in the Industrial

Dispute between the employees in relation to the

management of Reliance Life Insurance Company Limited

and their workman, which was received by the Central

Government on 17-2-2014.

[No. L-17012/18/2011-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (No. 2), AT DHANBAD

PRESENT : SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act., 1947

REFERENCE No. 41 OF 2012.

PARTIES

: Miss Gyani Kumari (Workwoman)

Vs. Zonal Manager (HR), Reliance Life

Insurance Co., Ltd., Kolkata

APPEARANCES:

On behalf of the workman

: None

On behalf of the Management : Mr. K. Chakraborty, Ld.

Advocate

State : Jharkhand

Industry : Insurance

Dated, Dhanbad, the 16th May, 2013

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2447

AWARD

The Government of India, Ministry of Labour in exercise

of the powers conferred on them under Sec. 10(1)(d) of the

I.D. Act., 1947 has referred the following dispute to this

tribunal for adjudication vide their Order No. L-17012/18/

2011-IR(M) dt. 28.06.2012.

SCHEDULE

"Whether the action of the management of M/s Life

Insurance Co. Ltd., Kolkata in terminating the services

of Miss Gyani Kumari w.e.f. 19.2.2009 is legal and

justified? What relief the workman is entitled to?"

2. Neither petitioner Miss Gyani Kumari appeared nor

she filed her written statement in this reference case

despite four registered notices to her for it. Mr. K.

Chakraborty, the Ld. Advocate for the O.P./Management

is present and files the written statement of the

management in duplicate.

Persuade the case record, it stands clear that despite

three registered notices dt. 27.8.2012, 8th Jan. and 13th

Feb., 2013 having been issued to the petitioner on her

address as noted in her reference case neither she

appeared on any date nor filed her written statement. Last

registered letter appears to have returned with the

comment of the Postal staff concerned dt. 26.2.2013 "Sabhi

Dukan Mai Tala Bandh Rehta Hai, Bapas Kiya" under his

signature.

Under these circumstances, it is apparently that the

petitioner is not willing to contest her case; hence the case

related to an issue about the termination of the service of

the petitioner w.e.f. 19.2.2009 is closed as no Industrial

Dispute existent. In result, an order of No Industrial Dispute

existent is passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 925.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ykbQ bU'kqjUl

dkjiksjs'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;] tcyiqj ds iapkV

¼lanHkZ la[;k 253@87½ izdkf'kr djrh gS tks dsUnzh; ljdkj dks

17&2&2014 dks izkIr gqvk FkkA

[lañ ,y&17012@11@87&Mh- IV ¼,½]

tksgu rksiuks] voj lfpo

New Delhi, the 21st February, 2014

S.O. 925.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No. 253/87) 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

Life Insurance Corporation of India and their workman,

which was received by the Central Government on

17-2-2014.

[No. L-17012/11/87-D.IV(A)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/253/87

PRESIDING OFFICER: SHRI R.B. PATLE

General Secretary,

Raipur Division Insurance Employees Union,

Pandry, Raipur

....Workman/Union

Versus

Divisional Manager,

Life Insurance Corporation of India,

Jeevan Beema Marg,

Raipur

....Management

AWARD

Passed on this 22nd day of October, 2013

1. As per letter dated 8-12-87 by the Government of

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

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-17012/

11/87-D.IV(A). The dispute under reference relates to:

"Whether the action of the management of Life

Insurance Corpn. of India, Divl. Office, Raipur in

terminating the services of the workman listed below, is

justified? If not, to what relief the workman concerned

are entitled?"

2. After receiving reference, notices were issued to the

parties. Ist party union filed statement of claim at Page 2/1

to 2/6. The case of Ist party union is that Government has

made reference whether the termination of services of 5

employees namely Shri P. Venkataramani, Iqbal Ahmed

Khan, Rajendra Kumar Das, Kumari Deepali Ghosh and

Kumari Varsha Rahatgaonkar is justified? Union submits

that all these employees were working as micro processor

operator with the IInd party. They were appointed on

3-2-86. They had completed 240 days continuous service.

Management of IInd party had given artificial breaks for

period of 45 days is unfair labour practice. The Union has

given working days of all those employees — Shri P.

Venkataramani — 308 days, Iqbal Ahmed Khan — 283 days,

Rajendra Kumar Das — 312 days, Kumari Deepali Ghosh

— 307 days and Kumari Varsha Rahatgaonkar — 293 days.

Union further contented that the services of all those

employees were terminated in violation of Section 25-G, H

2448

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

of the I.D. Act. The termination of their services on

17-12-86 & 18-12-86 is illegal.

3. Union further submits that the termination orders were

passed taking shelter of interim award dated 15-1-86 by

National Tribunal. According to Union, the management

appointed those employees on 3-2-86 prior to the Tribunal's

Interim award dated 15-1-86. Therefore said award is not

applicable to those employees. The award cannot sit over

provisions of the Act. The appointments of employee and

period of their continuance in service has been accepted

by the management. The Union submits that those

employees are illegally retrenched. On such grounds,

Union prays for reinstatement with full back wages.

4. IInd party filed Written Statement at page 3/1 to 3/5.

Services of Iqbal Ahmed Khan & Rajendra Kumar Das were

terminated on 18-12-86 and services of Shri P. Venkataramani,

Kumari Deepali Ghosh and Kumari Varsha Rahatgaonkar

were terminated on 19-12-86. After FOC submitted by ALC,

the dispute is referred. IInd party submits that appointment

of all 5 employees were purely on temporary basis for 42

days from 3-2-86. On completion of said period, their services

were to be terminated as per Clause 2 of the appointment

letter. However they were given further appointment for 42

days on temporary basis. Their services were not terminated

as Interim order from National Industrial Tribunal Bomaby

was brought to notice. The directions were given not to

terminate services of any temporary employee during

pendency of the case before National Tribunal.

5. That various Associations of Class-III and IV

employees working in LIC of India and referred dispute

relating to quantum of wages payable to the temporary,

badly and part time employees working in the Corporation

together with the issue relating to their absorption and

other conditions of service. The Government of India

constituted a National Tribunal presided over by Shri R.D.

Tulpule on 28-5-85 and the dispute was referred. The interim

order was passed on 15-1-86 prohibiting termination of

services of all temporary employee. That all those employees

are given undertaking in writing that they would not get

benefit of service beyond 84 days rendered by them. As

such excluding said period, the employees has not

completed 240 days continuous service preceding

termination of their serivces. The termination of their service

is not in violation of Section 25-F, G of I.D. Act. On such

ground, 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 action of the

managmenet of Life Insurance

In Affirmative

Corpn. of India, Divl. Office,

Raipur in terminating the services

of Shri Iqbal Ahmed Khan &

Rajendra Kumar Das from 18-12-86

and Shri P. Venkataramani, Kumari

Deepali Ghosh and Kumari Varsha

Rahatgaonkar from 19-12-86 is

legal?

(ii) If not, what relief the

Relief prayed by

workman is entitled to?

workman is

rejected.

REASONS

7. Union is challenging legality of termination of those

employees for violation of Section 25-F of I.D. Act. That

all employees have completed 240 days continuous

service, that notice pay was not paid to them, no

retrenchment compensation was paid. Management

denied above contentions. It is submitted that interim

order dated 15-1-86 was passed by National Tribunal

prohibiting termination of services of all temporary

employees. Those employees had given undertaking in

that regard. Affidavit of Shri P. Venkataramani is filed

consistent with the contentions in statement of claim filed

by the Union. Identical affidavit of Shri Iqbal Ahmed Khan

and Kumari Deepali Ghosh are filed. Shri P. Venkataramani

in his cross-examination says that R-2 bears his signature,

he tried to claim that his signatures were forcibly obtained

on the documents. He had complained in that regard to

the Union and higher officers of the management. He

admits knowledge of interim award passed by National

Tribunal. Document R-2 is declaration given by the

witness that he will not claim any benefit for the absorption

or other benefits in LIC on account of such continuance

in service of LIC beyond 85 days. Similar document signed

by Iqbal Khan R-3 is produced. Kumari Varsha

Rahatgaonkar did not appear for her cross-examination

therefore her evidence on affidavit cannot be relied upon

in support of her claim. Shri Iqbal Khan in his cross-

examination says first appointment order was issued for

42 days, he had given undertaking as per document R-3.

He admits that undertaking was to reveal that he would

not claim for benefit of working days beyond 85 days.

That his signatures were obtained by force and he had

complained to the higher authorities and office bearer of

the Union but documents in that regard are not produced

by the workman. Copy of Interim Award passed by

National Tribunal is produced along with Written

Statement. The reference to the National Tribunal was in

respect of what should be the wages and other conditions

of service by badly, temporary and part time workmen of

the Life Insurance Corporation of India as well as the

conditions of their absorption into regular cadre. The

Employees Union were opposing the appointment of

outsiders. During pendency of the reference proceeding,

Interim order passed by National Tribunal that—

"As far as possible, the Corporation, however stated

that where an employee is appointed from amongst the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2449

badly, temporary or part time workmen against a vacancy,

he will be continued as long as that vacancy continues,

provided, he gives an undertaking that no benefits on

their behalf would be claimed if by this circumstance,

the employee continues in position for a period more

than 85 days. The Unions are agreeable and the workmen

concerned shall give an undertaking that they would

not claim any benefit on account of such continuation

for a period more than 85 days if it occurs of absorption

of any other benefit subject to that he may be

continued."

8. Considering the termination of services of above

employees, they are protected as they had submitted

undertaking in terms of interim award passed by National

Tribunal. The period beyond 85 days deserves to be

excluded while calculating 240 days continuous service. If

said period is excluded, above employees have not

completed 240 days continuous service with IInd party

LIC. As such they are not covered as workman under Section

25 (B) of I.D. Act. They are not entitled to protection under

Section 25-F of I.D. Act. For above reasons, termination of

services of those employees cannot be said illegal for

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:—

(1) Action of the management of Life Insurance

Corpn. of India, Divl. Office, Raipur in terminating

the services of Shri Iqbal Ahmed Khan & Rajendra

Kumar Das from 18-12-86 and Shri P.

Venkataramani, Kumari Deepali Ghosh and Kumari

Varsha Rahatgaonkar from 19-12-86 is proper.

(2) Relief prayed by Union/workmen is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 926.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,EIykbt LVsV bU'kqjUl

dkjiksjs'ku 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

53@2005½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 17@2@2014

dks izkIr gqvk FkkA

[lañ ,y&15012@3@98&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 21st February, 2014

S.O. 926.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (Ref. No 53/2005) 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 Employees State Insurance Corporation

and their workman, which was received by the Central

Government on 17/2/2014.

[No. L-15012/3/98-IR (M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/53/2005

PRESIDING OFFICER: SHRI R.B. PATLE

Shri Gopal Savita,

S/o Shri Sitaram Savita,

R/o M.H. Chauraha,

Near Police Chowki,

Morar, Gwalior

...Workman

Versus

The Manager,

ESI Corpn.,

Munna Lal Gupta Building,

Nishatpura,

Banmore, Distt. Morena (MP)

Director General,

Employees State Insurance Corpn.,

Panchdeep Bhavan,

Kotma Road,

New Delhi

...Managements

AWARD

(Passed on this 11th day of October 2013)

1. As per letter dated 3-6-05 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-15012/3/98-IR(M).

The dispute under reference relates to:

"Whether the action of the management of Employees

State Insurance Corporation, New Delhi in terminating

the services of Shri Gopal Savita vide order dated 20th

June 1994 is legal and justified? If not, to what relief the

disputant concerned is entitled?"

2. After receiving reference, notices were issued to the

parties. Workman filed statement of claim at Page 2/1 to

2/3. Case of workman is that earlier she had approached

CAT for redressal of his grievance. The CAT directed

applicant to make fresh application to Authority under I.D.

Act as per order dated 15.4.98. The workman submits that

he was appointed as peon on daily wages by IInd Party

No. 2. He was performing duties sincerely. That Manager

Shri S.L. Dhevane was in the habit of drinking. He

misbehaved with the customers. Complaint made by Cement

2450

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

Factory Mazdoor Sangh Banmore was submitted against

the Manager. His services were terminated by Manager

vide order dated 20.6.94 with allegation of misbehavior with

officers. The allegation are baseless. That workman had

submitted appeal to IInd Party No. 1 on 18.7.94. He did not

receive any response to his appeal despite of issuing

reminder dated 23.10.97. That initially Govt. refused to make

reference observing that he was casual employee during

the period 30.5.94 to 17.6.04. In Writ Petition No. 1985/99

filed by him, directions were given to the Govt. and

accordingly reference is made.

3. Ist Party workman submits that employee cannot be

terminated by punishment without giving any opportunity.

That he was waiting for decision of the appeal by IInd

Party No. 1. That he was working with IInd Party. His

services are dismissed without giving reasonable

opportunity. He suffered loss of wages. Termination of his

services is in violation of provisions of I.D. Act. He prays

for reinstatement with back wages.

4. IInd Party filed Written Statement at Page 11/1 to

11/2. Claim of workman is totally denied. IInd Party submits

that Ist Party workman was not appointed against any

vacant post. He was engaged for specific work for specific

period by the management. That since 1989, there are

surplus posts in the cadre of peon, LDC. There is no

question for appointing workman. Ist Party workman was

engaged on daily wages by the then Manager Shri S.L.

Dhobane in leave vacancy of regular Record Sorter Shri

Sitaram Savita. Manager Grade II is the Head of office who

is incharge and as per powers delegated, he can engage a

substitute. That workman was not selected by Deptt.

Selection Committee, he was not sponsored through

Employment Exchange. Workman hardly worked for 15

days. He is not covered as workman under Section 25(B) of

I.D. Act the workman was paid wages Rs. 557/- on 27.5.95.

On such ground, IInd Party prays for rejection of claim of

workman.

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 Employees

State Insurance Corporation,

New Delhi in terminating the

services of Shri Gopal Savita

vide order dated 20th June

1994 is legal?

(ii) If not, what relief the

Relief prayed by

workman is entitled to?"

workman is

rejected.

REASONS

6. Ist Party workman is challenging termination of his

service contending that he was not given any opportunity

prior to his termination of his service. IInd Party submits

that workman is not covered under Section 25B of I.D. Act.

He was casually employed in leave vacancy of his father

by then Manager Shri S.L. Dhobane. That workman was

not sponsored through Employment Exchange. He was

not appointed on recommendation of Deptt. Selection

Committee.

7. Workman filed affidavit of witness contending that

he was appointed by IInd Party management from 30.5.94.

His services were terminated from 20.6.94. He has also made

allegation that Manager Shri S.L. Dhobane was habitual

drunker. Workman was not present for his cross-

examination, therefore his evidence cannot be considered.

His evidence was closed on 25.2.2011.

8. Management filed affidavit of witness Shri Anil Kumar

S/o Shri Sudhir Kumar Singh. The witness of the

management has stated that workman was engaged during

leave vacancy of his father Sitaram. Workman worked for

15 days. His evidence remained unchallenged.

9. Workman has not established that he had worked

continuously more than 240 days preceding his termination

of his services. Therefore he is not covered as workman

under Section 25 (B) of I.D. Act. He is not entitled to

protection under Section 25-F of I.D. Act. Therefore action

of management cannot be said illegal. For above reasons I

record my finding in Point No. 1 in Affirmative.

10. In the result award is passed as under:—

(1) Action of the management of Employees State

Insurance Corporation, New Delhi in terminating

the services of Shri Gopal Savita vide order dated

20th June 1994 is legal.

(2) Relief prayed by workman is rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 927.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSaxuht vksj bafM;k

fyfeVsM 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

64@2000½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 17@2@2014

dks izkIr gqvk FkkA

[lañ ,y&27012@3@99&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 21st February, 2014

S.O. 927.—In pursuance of Section 17 of the Industrial

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

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2451

hereby publishes the award (Ref. No. 64/2000) 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 Manganese

Ore India Limited and their workman, which was received

by theCentral Government on 17/2/2014.

[No. L-27012/3/99-IR (M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/64/00

SHRI R.B. PATLE, Presiding Officer.

Shri Sohanlal,

S/o Shri Neelkanth,

Kachhi Barang, Hirapur,

Bharweli,

PO Balaghat

...Workman

Versus

Chairman cum Managing Director,

M/s Manganese Ore India Ltd.,

3 Mount Road Extension,

Sadar, Nagpur.

...Management

AWARD

(Passed on this 30th day of October 2013)

1. As per letter dated 13-3-2000 by the Government of

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

received. The reference is made to this Tribunal under

Section 10 of I.D. Act, 1947 as per Notification No. L-27012/

3/99-IR(Misc.). The dispute under reference relates to:

"Whether the demand raised by Shri Sohanlal and 9

others against the management of Manganese Ore India

Ltd. vide their representation dated 6.10.88 is justified?

If not, to what relief the concerned workmen are

entitled?"

2. After receiving reference, notices were issued to

parties. Ist Party workman filed statement of claim at Page

4/1 to 4/3. The case of Ist Party workman is that 10 workmen

shown in the annexure were working on piece rated basis

for more than 12 years. They were performing work of

Compressor Helper, Fieldman, Loco Helper etc. with

Management. The Management appointed workman with

them and from time to time issued notices for appointment

of piece rated employees on basis of seniority, educational

qualifications, average earning in last 12 months,

attendance performance in interview. That after interview

152 persons were recommended for appointment as

fieldman in Pay Scale Rs. 1600-1850. Vide order dated

14.2.99, 21 workmen were appointed. That Ist Party workman

were ignored by the management. No regular appointment

orders were issued. Ist Party workman claims that they

have sufficient knowledge, experience, considerable

seniority, they are not considered. The junior employees

working on piece rated basis having less education and

experience are appointed as fieldman by IInd party. All the

workmen failed discriminated in the appointed of fieldman

by IInd Party. They prays direction to the management to

issue appointment order for the post of fieldman to them

from the date their juniors were appointed as fieldman.

3. IInd Party filed Written Statement at Page 7/1 to

7/8. IInd Party denied claim of 1st Party workman that

the Government had earlier rejected to make reference

without their being any fresh material and application of

mind. The reference has been made is not tenable. The

dispute has been raised claiming appointment by

individual employee Sohanlal and others is not tenable.

The individual workman has no right to raise the dispute

except termination, dismissal etc. under Section 2A of

I.D. Act.

4. IInd Party further submits that it is Govt. of India

undertaking under Ministry of Steel. There are rules for

recruitment and promotions framed in 1994. In these rules,

a new category of fieldman was included. As per these

rules, 100% of the vacancies of Fieldman are to be filled

through the process of recruitment from amongst the

internal piece rated workman. The rules do not provide

details therefore the material was discussed between

management and recognized Union. A Bipartite Agreement

was finalized prescribing the norms to be followed in the

matter of selection of Piece rated workers against the post

of Fieldmen in the company. Marks have been prescribed

as Seniority- 10 marks, Educational Qualification- 5 marks,

performance with respect to average earning- 10 marks,

attendance for last 12 months- 10 marks and performance

during interview- 15 marks. That the management notified

vacancies of Fieldmen at Balaghat Mine inviting

applications from amongst the Piece rated workers serving

in that mine for internal recruitment as Fieldmen.

Applications from piece rated workmen were invited. 552

applications were received. The selection committee

constituted interview of the candidates in 3rd week of

February, 1998. Names of 152 candidates were

recommended for appointment. That 76 candidates were

appointed as fieldman. The workmen in present dispute

were not selected among 152 candidates recommended

by the Committee. That there were complaints about

irregularities in the selection of fieldmen. Therefore Union

had given strike notice. The matter was reconsidered after

discussion with the Union. The Committee was directed

to review and correct irregularities. The candidates who

were found suitable were deleted. The candidates found

2452

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

suitable but not recommended by Committee were

selected. The candidates were appointed on probation.

Their probation was extended. On such grounds IInd party

submits that the Ist party workman were not selected

even after following the norms of selection by Committee.

No irregularity is committed. Workman are not

discriminated by management. On such grounds, IInd

Party prays for rejection 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 demand raised by

In Negative

Shri Sohanlal and 9 others

against the management of

Manganese Ore India Ltd. vide

their representation dated 6.10.88

is legal?

(ii) If not, what relief the

Relief prayed by

workman is entitled to?"

workman

rejected.

REASONS

6. 10 workmen names shown in Annexure I raised dispute

that the case of those workmen is that they were working

as piece rated workers for more than 12 years in IInd Party.

They are not selected as fieldman. The labours having less

education, experience and junior to them are selected and

appointed as fieldmen. On such ground, they have prayed

directions be issued to the management to issue order of

appointment as fieldmen from the date the junior employees

were appointed as fieldmen. The claim of workman is

opposed by management in their Written Statement

discussed above. Workman did not participate in the

reference proceeding. They have not adduced evidence in

support of their demands. The evidence of the workmen is

closed on 1.6.2010. Management filed affidavit of witness

of Shri Nitin Pagnis covering most of the contentions in

Written Statement filed by IInd Party. That 152 candidates

were recommended by Committee for appointment as

fieldmen. After the complaint, the letter was reviewed and

suitable candidates were recommended. The candidates

found not suitable were dropped from the list. The evidence

of management's witness remained unchallenged. I do not

find reason to disbelieve his evidence. Thus claim of

workmen is not supported by evidence. Therefore the

demand of workman cannot be said proper. Therefore I

record my finding in Point No. 1 in Negative.

7. In the result, award is passed as under :—

(1) The demand raised by Shri Sohanlal and 9 others

against the management of Manganese Ore India

Ltd. vide their representation dated 6.10.88 is not

proper.

(2) Relief prayed by Ist Party workmen are rejected.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 928.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,vjiksVZ vFkkWfjVh

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;] gSnjkckn ds iapkV ¼lanHkZ la[;k

39@2007½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 17@2@2014

dks izkIr gqvk FkkA

[lañ ,y&11011@2@2007&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 21st February, 2014

S.O. 928.—In pursuance of section 17 of the Industrial

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

hereby publishes the award (Ref. No. 39/2007) 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

Airport Authority of India and their workman, which was

received by the Central Government on 17/2/2014.

[No. L-11011/2/2007-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

Present : Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 17th day of December, 2013

INDUSTRIAL DISPUTE NO. 39/2007

Between :

Sri. G.A. Rudrappa,

General Secretary,

Indian Airports Kamgar Union,

C/o Airports Authority of India, NAD,

Begumpet, Hyderabad-500016

...Petitioner

AND

The Airport Director,

Airports Authority of India,

Begumpet, Hyderabad.

...Respondent

Appearances:

For the Petitioner

:

M/s. Ch. Indrasena Reddy & D.

Vilas, Advocates

For the Respondent

:

M/s A.K. Jayaprakash Rao, P.

Sudha, M. Govind & Vekatesh

Dixit, Advocates

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2453

AWARD

The Government of India, Ministry of Labour by its

order No. L-11011/2/2007-IR(M) dated 16/7/2007 referred

the following dispute under section 10(1)(d) of the I.D.

Act, 1947 for adjudication to this Tribunal between the

management of Airports Authority of India and their

workwomen. The reference is,

SCHEDULE

"Whether the action of the management of Airports

Authority of India in not granting next higher scale to

the workmen of Fire Crew on the basis of passing

Advance Refresher Course and ignoring the length of

service rendered by the workmen is legal and justified?

If not, what relief the workmen are entitled to?"

The reference is numbered in this Tribunal as I.D. No.

39/2007 and notices were issued to the parties concerned.

2. Petitioner union represented by the General Secretary

filed claim statement praying to direct the Respondent

management to extend the benefit of higher scale under

the Flexible Complementing Scheme introduced by the

Respondent by paying the arrears from 1.7.1995 or from

their date of entitlement to till date to all the workmen

working in Fire Cadre Department in the Respondent

organization.

3. Respondent filed counter statement stating that

various averments made in the claim statement has no

relevance to the present reference made by the Government

of India. It is further stated that Petitioner union is aware of

the fact that the Flexible Complementary Scheme is

withdrawn w.e.f. 1.2.2005 and new Recruitment and

Promotion Rules have been implemented. The reference is

made after the withdrawal of the said scheme, as such, the

reference is not maintainable in law.

4. Petitioner union filed chief examination affidavit in

lieu of their evidence and the case stands posted for cross

examination of Petitioner.

5. At this stage, a memo has been filed for Petitioner

union stating that Respondent has extended the benefits

to the workmen as claimed by the union and therefore,

Petitioner is withdrawing the claim and sought for dismissal

of the case by passing a 'nil' award. In the circumstances,

proceedings are closed and a 'Nil' award is passed.

Award passed accordingly. Transmit.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for

Petitioner

the Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 21 Qjojh] 2014

dkñvkñ 929.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ,vjiksVZ vFkkWfjVh

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; gSnjkckn ds iapkV ¼lanHkZ la[;k

37@2005½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 17@2@2014

dks izkIr gqvk FkkA

[lañ ,y&15025@01@2014&vkbZ vkj ¼,e½]

tksgu rksiuks] voj lfpo

New Delhi, the 21st February, 2014

S.O. 929.—In pursuance of section 17 of the Industrial

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

hereby publishes the award (Ref. No. 37/2005) 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

Airport Authority of India and their workman, which was

received by the Central Government on 17/2/2014.

[No. L-15025/01/2014-IR(M)]

JOHAN TOPNO, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

Present : Smt. M. VIJAYA LAKSHMI, Presiding Officer

Dated the 17th day of January, 2014

INDUSTRIAL DISPUTE L.C. No. 37/2005

Between :

Sri. M. Harikrishna,

S/o M. Mukundam Rao,

H.No. 4-10/190, Upperpally,

Rajendranagar,

Ranga Reddy District.

...Petitioner

AND

1.

The Chairman,

Airports Authority of India,

Safdar Jung Airport, New Delhi-1

2.

The Executive Engineer (Ele),

Airport Authority of India,

Hyderabad Airport, Begumpet,

Hyderabad-500 016.

3.

M/s. Gannon Dunkerly & Co.,

Early Street, Calcutta,

C/o Kalavathi Electrical Works,

1-9-53/2, Alwal, Secunderabad-500 015.

2454

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

4.

M/s. I.C.S. Systems Ltd.,

4-135, Fatehnagar,

Hyderabad.

...Respondents

Appearances:

For the Petitioner

: M/s. Ch. Indrasena Reddy,

Advocate

For the Respondent

: M/s M. Vijaya Kumar, I.

Sambasiva Rao & D. Sreekanth,

Advocates

AWARD

This is a petition filed by Sri. M. Harikrishna, the workman

invoking Sec. 2A (1) and (2) of the I.D. Act, 1947 seeking

for a relief declaring that the Petitioner is deemed to be

continuing in service pending regularization of services,

and consequently directing the respondents to pay wages

from the date of termination including difference of pay of

regular employee with 12% interest p.a. till the date of

payment together with attendant benefits. He also sought

for the following interim reliefs i.e., to reinstate him into

service of the 4th respondent or else where and also for

directing the third respondent to pay wages pending

adjudication of the dispute and from the date of oral

termination i.e., 17.7.2000 with interest at 12% p.a. till the

date of retirement.

2. The averments made in the petition in brief are as

follows:

Petitioner has been working as khalasi in the Electrical

department of the 2nd Respondent since 1.7.1999. He was

interviewed by the Junior Executive Engineer, of Airport

Authority of India, Hyderabad in the year 1995 and was

selected for employment as N.M.R. and he was allotted to

work under the 3rd Respondent represented by its sub-

contractor i.e., Kalavathi Electrical Works. He was paid

monthly salary of Rs. 1860. His signature was being taken

in wage register. He used to perform duties at Rajiv Gandhi

Terminal or N.T.R. Terminal as conveyor belt operator and

also used to perform or assist the operation and

maintenance and also to repairs of passenger baggage

conveyor system; daily, weekly and annual maintenance

schedule during their duty timings. He got requisite

knowledge of the work of conveyor belt operating and its

repair. His attendance was marked by J.E., Electrical, who is

an officer of Airport Authority of India (A.A.I.) and his

salary was being paid by the Airport. Therefore it is clear

that he was completely under the control of the 2nd

Respondent who is the principal employer. He was given

identity card and his signatures were obtained in log books

maintained by the contractors. He worked round the clock

without a holiday or over time. He worked on par with the

regular employees of the department though he was denied

the facilities to which the regular employees are provided

with like pay scales, holidays, weekly offs, casual leaves

etc., with the expectation that his services would be

regularised in future. The work is perennial in nature and

Ist Respondent ought to have considered case of the

Petitioner and regularised his services, after abolishing of

the contract labour system by the Government of India

vide notification No. S.O. 114/E dated 16.11.1999. Petitioner

is qualified with respect to eligibility to hold the posts in

which he worked, on a regular basis. After the system of

contract labour was abolished consequent to notification

issued on 16.11.1999, the AAI became direct employer

eliminating the middlemen and the contractor thereby with

effect from 16.11.1999 there is relationship of employer and

employee between the 2nd Respondent and the Petitioner.

Without complying with the rules of Contract Labour (R&A)

particularly Sec. 14, i.e., Procedure For Termination of

Services or Sec. 25-F of Industrial Disputes Act, 1947, 4th

Respondent orally terminated the services of the Petitioner

from 17.7.2000 and engaged men of their choice thus

depriving livelihood of the Petitioner. Aggrieved by the

illegal termination of the Petition by 4th Respondent their

union namely Airport Authority Kamgar Union, filed a

petition invoking Sec. 2(k) of Industrial Disputes Act, 1947

before the Assistant Labour Commissioner (Central),

Hyderabad but no conciliation took place. 2nd Respondent

continued the contract labour system even till today,

initially through the 3rd Respondent and now through the

4th Respondent. After Petitioner was terminated without

notice, 4th Respondent engaged other persons in

Petitioner's place, though the Respondents were specifically

directed by the Hon'ble High Court of A.P. in their order

dated in WVMP 3479/2000 in WPMP No. 16170/2000, not

to replace the Petitioner with the third parties. The persons

who were working on aero bridge were brought to work on

conveyor belt by 4th Respondent. Inspite of Petitioner

putting in 240 days of continuous service each year without

complying with the provisions of Sec. 25-F of Industrial

Disputes Act, 1947 his services were terminated. It is to be

verified whether the contract is a genuine contract or it is a

mere ruse or camouflage to evade compliance with various

legislations so as to deprive the workers of the benefits

thereunder.

3. Respondents 1 and 2 filed their counter with the

averments in brief as follows:

Airport Authority of India ought to have been made a

party but not the Chairman of the Executive Engineer. Prior

to March, 1997 conveyor belt was not commissioned at

Hyderabad airport. The date of commissioning of Rajiv

Gandhi Terminal was 10.3.1997 as such, there was no need

to operate the conveyor belt before that date. The

contention of the Petitioner that he was engaged by AAI

from 15.3.1995 onwards is totally incorrect. AAI got nothing

to do with the Petitioner before 13.3.1997 as there was no

conveyor belt operation till that date. Prior to 13.3.97

Petitioner might have worked under any contractor as an

unskilled labour for the erection of conveyor which is not

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2455

a continuous process and which does not require any

regular employment. There is no employer and employee

relationship between AAI and Petitioner. Petitioner never

reported to any Airport Authority of India official and AAI

never marked his attendance. No payment was made by

AAI to the Petitioner. AAI's involvement is limited to the

general supervision of works that was being done through

agency of contractors. AAI do not have any regular

conveyor belt operator with whom the job of Petitioner can

be compared. AAI has discontinued the operation of the

conveyors. Conveyors are operated by respective airline

operators. The Government of India's order dated 16.11.1999

was quashed by the Delhi High Court on 22.11.2001.

Therefore, no relief can be claimed on the strength of said

Government order. At the present AAI is getting the periodic

maintenance of the conveyors done through agencies

having technical expertise in the field. There is no regular

deployment of the staff of AAI for this purpose. The order

of Hon'ble High Court of A.P. dated 19.4.2001 referred in

the petition does not speak of continuation of the labour.

At present 4th Respondent is carrying out periodic

maintenance of conveyor belt at Hyderabad airport. There

is no industrial dispute what so ever that could be raised

against the Respondents No. 1 and 2.

There is no post as khalasi, helper, electrician, fitter etc.,

in Respondent's organization. Conveyer belts have never

been operated by the Respondents No. 1 and 2 and the

same are being operated by the airlines on their own. No

operator is required for Respondent 1 and 2. AAI is

responsible only for the periodic maintenance of the

conveyor belts. For which no operator is required. The

contention of the Petitioner that AAI deployed regular

employees for operating conveyor belt is not correct.

Petitioner never approached Assistant Labour

Commissioner (Central), Hyderabad. Petition is liable to be

dismissed.

4. By virtue of order dated 9.5.2007 3rd Respondent has

been set exparte and by virtue of order dated 7.3.2007 4th

Respondent has been set exparte by this forum.

5. Since main case itself is being disposed off, the court

need not consider the interim reliefs sought for.

6. To substantiate the contentions of the workman he

examined himself as WW1 by filing his chief examination

affidavit. But he was not subject to any cross examination

by the Respondent. As Respondent was not showing any

interest to cross examine the said witness, his right to cross

examine the said witness forfieted by virtue of order

29.7.2011. No evidence was adduced for the Respondent.

7. Heard either party.

8. The Point that arise for determination is:

Whether the Petitioner is entitled for the main reliefs

sought for?

9. Point:

The workman invoked Sec. 2 A (1) and (2) of the I.D.

Act, 1947 and filed this petition seeking for a relief of

declaration that the Petitioner is deemed to be continuing

in service pending regularization of services and

consequently to direct the respondents to pay wages to

him from the date of termination including difference of

pay of regular employee with 12% interest till date of

payment. This is a very vague relief sought for. It can be

said so since no where in the petition, Petitioner claimed

that he initiated any proceeding seeking for regularization

of his services. In such case seeking for declaration that he

is deemed to be continuing in service pending regularization

of his services does not arise. Likewise, the consequential

direction to the respondents sought for, to pay him any

wages, also does not arise.

10. Further more, a careful perusal of the material made

available on the record including the pleading of the

Petitioner, giving rise to a conclusion that Petitioner's claims

themselves are vague. Petitioner, on one hand is claiming

that he is an employee of the 2nd Respondent. On the

other hand he is claiming that he is an employee of third

Respondent, having allotted by the 2nd Respondent to

work under the 3rd Respondent. 2nd Respondent is an

executive engineer of AAI. 3rd Respondent is a private

company. How 2nd Respondent can engage a worker and

allot him to work under 3rd Respondent is a question which

remained unanswered.

11. Further more, Petitioner is relying upon a document

dated 5.6.2000 said to have been issued by one Kalavathi

Electricals which is to the effect that Petitioner worked in

their concern and has been associated with maintenance

of baggage conveyor system at Rajiv Gandhi Terminal

building or N.T.R. Terminal building at Hyderabad Airport.

Petitioner claimed that said Kalavathi Electrical works is

sub-contractor for the 3rd Respondent. But, the certificate

issued by said Kalavathi Electrical Works does not show

that the said firm is a sub-contractor to the 3rd Respondent.

In such case how the Petitioner, who appeared to have

worked for said Kalavathi Electrical Works can claim that

3rd Respondent got anything to do with the work done by

him is also a question which remains unanswered. As it is

the contention of the Petitioner himself, that Petitioner

worked for Kalavathi Electrical Works a sub-contractor of

3rd Respondent, 3rd Respondent will not have anything to

do with him. Kalavathi Electrical works is his employer.

The certificate issued by Kalavathi Electrical Works dated

5.6.2000 clearly indicates that Petitioner has been working

in their concern.

12. In the giving circumstances, question of either of

the Respondents 1 to 4 terminating services of the Petitioner

does not arise.

13. In view of the fore gone discussion, it can safely be

held that there is no industrial dispute to be dissolved,

2456

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

existing among the parties to this petition and that Petitioner

is not entitled for any of the reliefs sought for.

14. Result :

In the result, Petition is dismissed.

Award passed accordingly. Transmit.

M. VIJAYA LAKSHMI, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

WW1: Sri M. Hari Krishna

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 930.—vkS|ksfxd fookn vfèfu;e 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj tujy eSustj]

VsyhdkWe] jk;iqj 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@58/98½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 21@02@2014 dks izkIr gqvk FkkA

[la- ,y&40012@18@97&vkbZ vkj ¼Mh ;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vfèdkjh

New Delhi, the 24th February, 2014

S.O. 930.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. CGIT/LC/R/58/98) 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 General Manager, Telecom, Raipur and

their workman, which was received by the Central

Government on 21/02/2014.

[No. L-40012/18/97-IR(DU)]

P.K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/58/98

PRESIDING OFFICER : SHRI R.B. PATLE

Shri Rajpal Verma,

Q. No. 96, Janata Colony,

Gudiyari, Raipur (MP)

...Workman

Versus

General Manager,

Telecom,

Distt. Raipur (MP)

....Management

AWARD

(Passed on this 28th day of January 2014)

1. As per letter dated 9-3-98 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-40012/18/97-IR(DU).

The dispute under reference relates to:

"Whether the action of the General Manager,

Telecommunication Distt. Raipur (MP) in terminating

the services of Shri Rajpal Verma w.e.f. 1-10-95 is legal

and justified? If not, what relief the workman is entitled

to?"

2. After receiving reference, notices were issued to

the parties. Workman filed Statement of claim at Page

2/2 to 2/8. Case of workman is that he was working as

full time labour on muster roll from 10.1.89 with IInd

party No. 4. He was continuously working till 1-10-95 for

the period of 5 year 10 months. His services were

terminated orally from 12-10-95 without assigning

reasons, without notice. His services were terminated

verbally. Workman requested him to continue in service

was not considered. Termination of his service is illegal,

arbitrary in violation of Article 311 of Constitution. No

opportunity was given for his defence. IInd party

avoided attendance before Labour Court. Workman

prays for his reinstatement with back wages. That

termination of his services is illegal.

3. IInd party filed Written Statement at Page 10/1 to 10/

2. Claim of workman is denied outright. The case of IInd

party is that management of Telecom Deptt. had undertaken

an expansion programme in order to expand telecom

facilities all over the State of MP. In order to achieve its

object, the said expansion programme required laying of

telephone cables/lines and errection of poles etc. The said

work was of temporary nature. Workman was engaged as

casual labour. His services were subject to availability of

work. Workman never completed 240 days continuous

service in a year. The Telecom deptt. framed scheme for

regularization of casual labour. Workman does not fulfill

conditions prescribed in said scheme. Workman is not

entitled for temporary status. IInd party prays for rejection

of claim.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of

In Affirmative

the General Manager,

Telecommunication Distt.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2457

Raipur (MP) in terminating

the services of Shri Rajpal

Verma w.e.f. 1-10-95 is legal

and justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to relief

prayed by him.

REASONS

5. Though workman is challenging termination of

services for denial of opportunity for hearing, termination

without notice or paying compensation is illegal. Workman

has not participated in reference proceeding. His evidence

is closed on 6-9-2011 as workman failed to adduce evidence

in support of his claim. Management filed evidence by way

of affidavit of Shri P.R. Sahu. Said witness is not cross-

examined by the workman. Evidence of witness remained

unchallenged. I do not find reason to disbelieve evidence

of management's witness. Claim of workman is not

substantiated by any thread of evidence. Therefore I record

my finding in Point No. 1 in Affirmative.

6. In the result, award is passed as under:

(1) Action of the General Manager, Telecommunication

Distt. Raipur (MP) in terminating the services of

Shri Rajpal Verma w.e.f. 1-10-95 is legal.

(2) Workman is not entitled to relief prayed by him.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 931.—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947 dk

14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj tujy esustj] xzs

vk;ju QkmaMªh] tcyiqj 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@174/96½ dks izdkf'kr djrh

gS tks dsUnzh; ljdkj dks 21@02@2014 dks izkIr gqvk FkkA

[la- ,y&14011@09@94&vkbZ vkj ¼Mh ;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vfèdkjh

New Delhi, the 24th February, 2014

S.O. 931.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. CGIT/LC/R/174/96)

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 The General Manager, Grey Iron Foundry,

Jabalpur and their workmen, which was received by the

Central Government on 21/02/2014.

[No. L-14011/09/94-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/174/96

Presiding Officer, SHRI R.B. PATLE

The Secretary,

G.I.F. Employees Union,

Grey Iron Foundry,

Jabalpur

....Workman/Union

Versus

General Manager,

Grey Iron Foundry,

Jabalpur

....Management

AWARD

(Passed on this 30th day of January 2014)

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-14011/

9/94-IR(DU). The dispute under reference relates to:

^^D;k izcaèra= xzs vk;ju QkmUMªh] tcyiqj ¼eñizñ½ esa izcaèdksa

}kjk fuEufyf[kr Jfedksa dks tks fd Qjuslesu ¼tujy½ ds in

ij osrueku #i;s 210&290 esa fu;qDr gq;s Fks mUgsa Qjuslesu

tujy ds in LdhYM dsVsxjh esa osrueku 260&400 esa fnñ

16-10-81 ls vixzsM u djus dh dk;Zokgh U;k;ksfpr gS vFkok

Qjuslesu tujy ds in ij rhu o"kZ iw.kZ dj ysus dh fnukad ls

mUgsa osrueku 260&400 esa esYVj ¼Qsjl ,UM uku Qsjl½ ds in

ij LdhYM dsVsxjh esa vixzsM u djus dh dk;Zokgh U;k;ksfpr gSA

;fn ugha rks lacafèr deZdkjx.k fdl vuqrks"k ds gdnkj gSa\**

2. After receiving reference, notices were issued to the

parties. Grey Iron Foundry Employees Union submitted

statement of claim at Page 2/1 to 2/4. The case of Union is

that the workmen in the matter are employees of Grey Iron

Foundry i.e. IInd party. They were appointed as labour

between 1974 to 1979. Thereafter Trade Test of Furnaceman

(General) was passed by them. Those employees were

appointed as Furnaceman (General) in pay scale Rs. 210-

290 (Old pay scale). That in IVth Pay Commission, the pay

of employees was revised. Central Government has

appointed Expert Classification Committee as per the

recommendation of IIIrd Pay Commission, for classification

of the grade/trade of all industrial trades in Ordnance

Factories including the trade of these workmen. That nature

of work of Furnaceman (General) in all Ordnance Factory is

similar. The management of Ordnance Factory are

controlled by Chairman, Ordnance Factory Board, Calcutta.

That in some ordnance factories, the Furnaceman (General)

trade has been given skilled category from 16-10-81 whereas

2458

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

the same has been denied for the workmen of the Grey Iron

Foundry. That SRO 357 of 1979 was applicable to industrial

workmen employed in Ordnance Factories. As per this SRO,

only one trade as Furnaceman (General) has been prescribed

at Sl. No. 293 in the Pay Scale of Rs. 210-290. The

management of Ordnance Factories has created a trade

known as Furnaceman (Porer) which is a sub-trade of

Furnaceman (General). From 16-10-81, management

upgraded this sub-trade Furnaceman (Porer) in the skilled

category at the pay scale of Rs. 260-400. The Furnaceman

(General) was denied said upgradation.

3. Management had constituted anomalies-committee

to settle the problem and arising in pay fixation of the trade/

grades after the E.C.C. Report. Said anomaly Committee in

its finding in Para 7.2 have decided that the semi-skilled

jobs in other Defence Establishment whose nomenclature

are comparable with the job already studied should also be

elevated to skilled category in the pay scale of Rs. 260-400

without any further study. Accordingly in some factories

the Furnaceman (General) trade has been upgraded as

skilled category trade, such benefit is not given to the

workmen of GIF. It is further submitted that Ordnance

Factory Board constituted another committee which was

known as "Guha Committee". The said committee has also

accepted that nature of work of the Furnaceman (General)/

Semi-skilled Furnacemen (Porer), Furnaceman Charger,

Furnaceman Leading, Steel Melter, Cupolaman are similar,

equal and identical and these trades are grouped together

and given a common designation of Melter (Ferrous and

Non-Ferrous). According to Guna Committee Furnaceman

(General) who completed 3 year service in their trade should

have been upgraded as Melter skilled from back date. No

action is taken on said report. That the junior employees to

the workmen in Furnaceman (Porer) are placed higher in

seniority list, some of the juniors are promoted to higher

grades. Union is praying for suitable directions to the

management.

4. IInd party management filed written Statement at page

10/1 to 10/5. Claim of Union is denied. It is submitted that

Shri I.C. Tiwari and another workmen were initially

appointed as labour in the year 1978 in Grey Iron Foundary.

During course of their service, they were promoted to

Furnacement (General) in the pay scale of Rs. 210-290 after

qualifying the trade test from 2-5-1980. The post of

Furnaceman (General) is of semi-skilled post. The Grey Iron

Foundry is an establishment under Ministry of Defence. It

is governed by rules and regulations framed by Govt. of

India. The fixation/revision of pay scales lies with pay

commission and other bodies subject to acceptance by

Government of India. The demand for revising the pay

scale by Union cannot be entertained as General Manager

of Factory has no authority to grant such pay scales to

group of employees. That Shri I.C. Tiwari and 25 others

holding post of Furnaceman (General), GIF are claiming

promotion to higher scale in the category of skilled

employees in the pay scale of Rs. 260-400. Said issue was

raised earlier before CAT, Madras. That CAT, Madras held

that it is not job of Tribunal to evaluate the job contents in

Ordnance Factory. IInd party referred to judgment in

Original Application 677 and 701 of 1986 by CAT, Madras

and Apex Court judgment in SLP No. 3999 and 4024 of

1988. IInd party submits that there is no justification of

grant of higher pay scale for Furnaceman (General) of GIF

with Furnaceman (Porer) and Furnaceman (General) of

O.F.A. That for rationalization of trades and grades in

Ordnance Factories, Guna Committee was formed. Such

Committee reduced the number of trades in Ordnance

Factory to provide avenues to employees in deed end trades

by merging them with main line trades after following the

procedure laid down in S.R.O. The report of ECC was for

purpose of sorting out recommendation of IIIrd Pay

Commission. Guha Committee was appointed for Ordnance

Factory itself. There is no logic in linking those reports.

The object of Guha Committee was to provide avenues of

promotion to the incumbents of dead trade by merging

them with nearby akin trades after trade test. IInd party

refers to judgment of Principal Bench of CAT, New Delhi

and judgment by Hon'ble Apex Court. That executive

instruction can make provision only with regard to a matter

which was covered by the rules and such Executive

instruction could not over-ride any provision of the rules.

That Guha Committee recommendations cannot supersede

SRO provision. That nowhere it is provided that

Furnaceman (General) is semi-skilled grade or any one else

could give higher pay scale of Rs. 260-400 automatically.

On such ground, IInd party prays that award be passed in

its favour.

5. Workman filed rejoinder at Page 11/1 to 11/3 reiterating

their contentions in the Statement of Claim. That Pay

Commission fixed pay of workman according to their trade/

grade which is done by the management. Ist party prayed

for direction to IInd party for producing ECC-Guha

Committee Report.

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 Grey

In Affirmative

Iron Foundry, Jabalpur in

denying to upgrade the pay

scale of Furnaceman

(General) from Rs. 210-290

to Pay Scale Rs. 260-400

w.e.f. 16-10-81 is justified?

(ii) Whether the action of the

In Affirmative

management in not

upgradig the Furnaceman

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2459

(General) on completing

3 years working to the post

of Melter in pay scale

Rs. 260-400 is justified?

(iii) If not, what relief the

Workmen are not

workman is entitled to?"

entitled to relief

prayed.

REASONS

7. Terms of reference relates to denial of skilled category

Pay Scale Rs. 260-400 to Furnaceman (General) in Pay Scale

210-290 by the management of IInd party. Workmen Dilip

Kumar, Biharilal, Tokram, I.C. Tiwari filed identical evidence

on affidavit in support of their claim that they were

appointed as Furnaceman (General) in Grey Iron Foundry

in pay Scale Rs. 210-290 from 1-10-82, 1-4-81, 1-1-81

respectively. That in some other Ordnance Factories,

Furnaceman (General) has been given higher Pay Scale

Rs. 250-450. That the nature of work of Furnaceman

(General) in all places are same. That the nature of work of

Furnaceman (Porer) and Furnaceman (General) are same.

Workman Dilip Kumar in his cross-examination says he

was selected as Furnaceman (General) on 2-5-80 having

pay scale 210-290. That pay of Furnaceman (Porer) was

same. That pay of Furnaceman in Ordnance Factory

Khamaria is Rs. 260-400. Shri Tokram in his cross-

examination says he was initially appointed as labour in

1978 then he was promoted as Furnaceman (General). That

work of Furnaceman (General) and Furnaceman (Porer) is

same. Designations are given as per the work. Written order

was not given. Oral directions were given about their work.

That after ECC report Furnaceman (Porer) was given pay

scale 260-450). He claims ignorance about Guha report.

That Pay is fixed as per working of Furnaceman (General)/

Furnaceman (Porer). No written order was given to him

working as Furnaceman (Porer).

8. Shri I.C. Tiwari in his cross-examination says that he

received education upto 8th standard. He was first

appointed as mazdoor in 1978. He was promoted around

1980-81 as Furnaceman (General) in Pay Scale 210-290. It

was semi-skilled category. The Factory comes under

Defence Ministry. The Pay revision is made by fixation

Committee. He claimed that from work of Furnaceman

(General) and Furnaceman (Porer) are of same category.

They are also known as loaderman covered in Pay scale

260-400. That he had not received written order for working

as Furnaceman (Porer). He had complained about it to the

management. That he continued to work as Furnaceman

(Porer) and claims pay of said category.

9. Other workman Francis, Mahmood Aslam. Nandlal,

Madhukar Rao, Sevaram, Narmad Prasad though filed their

affidavit of evidence, they did not make available for their

cross-examination, therefore their evidence cannot be

considered.

10. Management filed affidavit of evidence of Seema

Gupta. Management's witness has stated that Shri I.C.

Tiwari and 25 others holding post of Furnaceman (General)

of Grey Iron Foundry represented though Union for higher

pay scale skilled category employees. That the adoption

of Point rating system, ECC has evaluated the job contents

of various trades. As a result of evaluation Furnaceman

(General), and Furnaceman (Porer) were awarded the pay

scale of Rs. 260-400 considering the gravity of risk and

arduous nature, Furnaceman (General) was given the pay

scale of Rs. 210-290. For rationalization of trades and grades

in ordnance Factories, Guha Committee was formed. The

basic purpose of said committee was to reduce the number

of trades in Ordnance Factories. The purpose of ECC was

of sorting out anomalies arising out of the recommendations

of 3rd Pay Commission and applicable to Ministry of

Defence, management's witness was not cross-examined.

His evidence remained unchallenged. IInd party has

produced copy of ECC report. The pay scales for semi

skilled are given Rs. 210-290, pay scale of skilled category

260-400. The Guha Committee report is also produced. Pay

scale of Furnaceman (General) is shown Rs. 210-290. No

change was proposed on revision. The scale of Furnaceman

(leading) is shown Rs. 260-400. Guha Committee is expert

Committee for rationalizing trades.

11. Though the Union has pleaded that in some Ordnance

Factories, pay scale of Furnaceman (General) is given pay

scale Rs. 260-400, no such evidence is produced. IInd party

has produced copy of award in R/64/96. Identical claim of

Union was not accepted. I have carefully gone through the

judgment. It was observed that Union of India is not

implemented as party. That Competent Authority to grant

pay scale to the group of employees is Union of India.

After such discussion, claim was rejected. From the

evidence discussed above, Union has not establishment

that Furnaceman (General) are entitled to get pay scale

Rs. 260-400. Therefore I record my finding in Point No. 1, 2

in Affirmative.

12. In the result, award is passed as under:—

(1) Action of management of Grey Iron Foundry,

Jabalpur in denying to upgrade the pay scale of

Furnaceman (General) from Rs. 210-290 to Pay

Scale Rs. 260-400 w.e.f. 16-10-81 and is not

upgrading the Furnaceman (General) on

completing 3 years working to the post of Melter

in pay scale Rs. 260-400 is justified.

(2) Union is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 932.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj vflLVsaV bathfu;j]

fMikVZesaV vkWQ VsyhdE;wfuds'ku] fcykliqj ds izca/kra= ds lac)

2460

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

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@87/91) dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 21@02@2014 dks izkIr gqvk

FkkA

[lañ ,y&40012@149@90&vkbZvkj¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 932.—In pursuance of Section 17 of the Industrial

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

hereby publishes the award (I.D. No. CGIT/LC/R/87/91) 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 Asstt. Engineer, Department of

Telecommunications, Bilaspur and their workman, which

was received by the Central Government on 21-02-2014.

[No. L-40012/149/90-IR(DU)]

P.K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/87/91

SHRI R.B. PATLE, Presiding Officer.

Shri Anil Kumar Singh,

S/o Shri Ram Sunder Singh,

Village and Post Ram Nagar Kot,

Distt. Sultanpur (UP)

....Workman

Versus

Asstt. Engineer,

Deptt. of Telecommunication,

Satellite Project,

SECL Compound,

Bilaspur (MP)

...Management

AWARD

(Passed on this 30th day of January 2014)

1. As per letter dated 19-4-91 and corrigendum dated

13-8-91 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-40012/149/90-IR(DU). The dispute under

reference relates to:

"Whether the management of Department of

Telecommunication, Office of Asstt. Engineer, Satellite

Project, Bilaspur (MP) is justified in not granting

temporary status to Shri Anil Kumar Singh, a casual

labour w.e.f. 1-1-85 and in terminating his services w.e.f.

25-2-90? If not, to what relief the workman concerned is

entitled to?"

2. After receiving reference, notices were issued to the

parties. Ist party workman filed statement of claim at Pages

9/1 to 9/3. The case of workman is that he was employed as

casual labourer from 1-1-1985 at Sultanpur with the IInd

party Deptt. of Telecommunication. He was working till 25-

4-85. Thereafter he was again taken back on duty by the

IInd party in May 1988 and posted at Srinagar, Distt. Pudi.

Ist party was continued on work till September 1988. Then

he was transferred to Joshi Math from October 1988. He

continued to work till September 1989. Thereafter he was

transferred to Bilaspur and after relieving from Joshi Math,

the workman joined his services on 22-9-89. He continued

to work at Bilaspur till 24-2-90.

3. Workman submits that he had completed 240 days

continuous service. His services were terminated from

25-2-90 without assigning reasons. The termination of his

service is illegal and violation of Article 14, 16 of

constitution. That though he had completed 240 days

continuous service, he was not paid retrenchment

compensation. That IInd party retained junior employees

Jeetram, Ram Prakash Rajak, Hemant Kumar, Krishna Kumar

Sahu. One Lalit Kumar was appointed after termination of

service of workman. IInd party violated Section 25-G of

I.D. Act. He further submits that he had submitted

application before ALC, Bilaspur claiming temporary status.

IInd party got annoyed and terminated his services from

25-2-90. On such grounds, workman is praying for setting

aside his termination and allow his reinstatement with back

wages.

4. IInd party filed Written Statement at Pages 10/1 to

10/3. The claim of workman is denied outright. IInd party

claims ignorance about working of workman at Shrinagar,

Gadwal (UP). It is denied that Ist party workman was

continuously working. It is submitted that the organization

of IInd party installing Satellite Station was started in

August, 1989. The project is not a recruiting organisation

and casual labours are engaged from the local TDE, Bilaspur.

As said exchange expressed its inability to provide casual

labour, casual labour had to be engaged for a short duration.

Workman was one of such casual labour engaged for the

project. Workman was not transferred from Joshimath to

Bilaspur. That workman had not completed 240 days

countinuous service. He is not entitled to retrenchment

compensation. That workman was engaged for specific

work of protection of satellite antenna kept on the ground.

When said antenna was lifted on tower work for which he

was engaged is ceased. Said work was of temporary nature.

Workman was found missing at his residence when he was

called for work, so another labour was engaged. All other

contentions of workman are denied. It is submitted that

workman is not entitled for absorpotion. His discontinuation

is covered under Section 2(oo)(bb) of I.D. Act. IInd party

prayed for rejection of claim.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2461

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 management of

In Affirmative

Deptt. of Telecommunication,

Office of Asstt. Engineer, Satellite

Project, Bilaspur (MP) is justified

in not granting temporary status to

Shri Anil Kumar Singh, a casual

labourer w.e.f. 1-1-85?

(ii) Whether the action of the

In Affirmative

management of Deptt. of

Telecommunication in terminating

the services of workman w.e.f.

25-2-90 is justified?

(iii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to any relief.

REASONS

6. The terms of reference relates to denial of temporary

status to workman Shri Anil Kumar Singh and legality of

termination from service vide corrigendum. In his statement

of claim, workman submits that his services are terminated

without paying retrenchment compensation, without any

notice. Termination from service is in violation of Section-

25-F, G, H of I.D. Act. The evidence of workman was

recorded. He has stated that he was discontinued from

work from 25-2-90. He was not given notice, retrenchment

compensation was not paid. That he was engaged from

1-1-1985. As stated above, his evidence is also beyond

terms of reference. In his cross-examination, workman

denies that the work was completed. He admits that the

employment is provided through Employment Exchange

Office. The evidence of workman is absolutely silent about

any rules, regulations occurring him status of temporary

employee. Workman has not produced any document about

completing 240 days continuous service with IInd party.

7. Though the workman has challenged termination of

Section 25-F, G of I.D. Act, evidence of workman about

completing 240 days continuous service is not supported

by any document. Any other witness is not examined

therefore workman has not established completion of 240

days continuous service. Therefore he is not entitled to

protection. The evidence on record is not sufficient to grant

status of temporary employee claimed by workman as per

the terms of reference, therefore I record my finding in

Point No. 1 & 2 in Affirmative.

8. In the result, award is passed as under:—

(1) The action of the management of Deptt. of

Telecommunication, office of Asstt. Engineer,

Satellite Project, Bilaspur (MP) in not granting

temporary status to Shri Anil Kumar Singh, a

casual labourer w.e.f. 1-1-85 and in terminating his

services w.e.f. 25-2-90 is legal and proper.

(2) Workman is not entitled to relief prayed by him.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 933.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj jhtuy Mk;jsDVj]

jhtuy lsaVj vkWQ vkxsZfud Qkfe±x] 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/94/2007½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 21@02@2014 dks izkIr gqvk FkkA

[lañ ,y&42012@40@07&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 933.—In pursuance of Section 17 of the Industrial

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

hereby publishes the Award (I.D. No. CGIT/LC/R/94/2007)

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 The Regional Director, Regional Centre of

Organic Farming, Jabalpur and their workmen, which was

received by the Central Government on 21/02/2014.

[No. L-42012/40/07-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/94/07

PRESIDING OFFICER: SHRI R. B. PATLE

Shri Rajesh Kumar Sharma,

S/o Shri Koushal Kishore Sharma,

House No. 1645, Phootatal,

Bahai Mohalla,

Hardoul Mandir,

Jabalpur

.... Workman

Versus

Regional Director,

Regional Centre of Organic Farming,

(Formely known As Regional Biofertiliser

Development Centre), 2, 1 Heera Bhawan,

Andhrtal, Jabalpur

.... Management

2462

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

AWARD

(Passed on this 28th day of January, 2014)

1. As per letter dated 11-9-07 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-42012/

40/07-IR (DU). The dispute under reference relates to:

"Whether the action of the management of Regional

Centre of Organic Farming, Jabalpur in retrenching their

workman Shri Rajesh Kumar Sharma w.e.f. 31-8-2006 is

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

entitled to?"

2. After receiving reference, notices were issued to the

parties. Workman filed statement of claim at pages 5/1 to

5/4. Case of workman is that he was appointed as casual

labourer w.e.f. 9-5-94. He was paid wages Rs. 33.93 per day

by IInd party. His name was sponsored through

Employment Exchange. He had continuously worked more

than 240 days and acquired status of permanent employee.

In order to deny claim of regularization, workman was asked

to sign in payment voucher in name of Shri Bhagwandas.

His services were terminated from 19-4-95. The dispute

was raised as per R/169/96 to this Tribunal. Vide award

dated 28-5-99, management was directed to reinstate him

with full back wages. Award was challenged by IInd party

filing Writ Petition No. 4427/99. The writ was admitted

subject to compliance of Section 17(b) of I.D. Act. He was

reinstated by workman w.e.f. 27-4-00. He was not paid back

wages. Writ Petition was dismissed by the Hon'ble High

Court on 28-2-06.

3. Workman submits that he requested management to

implement award passed by this Tribunal after dismissal of

the Writ petition. The management did not comply with

award. Showcause notice was issued by Dy. CLC dated

28-7-06 for initiating prosecution under Section 29 of the

I.D. Act. The management decided to terminate his services.

His services were terminated from 31-8-06 without justified

ground. That termination of his services is illegal. His

services were terminated by management on the ground

that Central Govt. discontinued/closed biofertilizer project.

Workman submits that his office is still working. There are

vacant post of Class-IV employees. His services were

terminated after 12 year service in violation of Section 25-F

of I.D. Act. Workman prays for setting aside his termination

and he be reinstated with back wages.

4. IInd party filed Written Statement at page 7/1 to 7/3

IInd party raised preliminary objection that reference is not

tenable. The applicant workman was serving as part time

daily wager in Regional Centre of Organic Farming, Jablapur

which is a research centre. That the service matters relating

to Central Govt. employees falls within jurisdiction of CAT

as per Act of 1985.

5. Ist party workman was engaged on daily wages on

9-5-94. His services were terminated in 19-4-95. Termination

of workman was challenged in R/169/96. The award was

passed on 18-5-95 directing reinstatement of workman with

back wages allowing 12% interest per annum. The award

was challenged in Writ Petition No. 4427/99. Workman was

reinstated in compliance of Section 17-B of I.D. Act. Writ

petition was dismissed on 28-2-06 treating termination of

workman as retrenchment. That as per the award, workman

was paid retrenchment compensation, wages are also paid.

IInd party submits that services of workman are terminated

from 31-8-06 is legal. Workman is not entitled to relief prayed

by him.

6. Workman filed rejoinder on 13-4-2010 reiterating his

contentions in statement of claim.

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 Regional Centre

of Organic Farming, Jablapur in

retrenching their workman

Shri Rajesh Kumar Sharm w.e.f.

31-8-2006 is legal and justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

8. In support of his claim, workman filed affidavit of his

evidence. He has stated facts of his appointement by IInd

party as casual labour from 9-5-94 and discontinuation of

his service from 19-4-95. That the termination was

challenged by him in the reference. The reference was

allowed. IInd party filed Writ Petition against the said

Award. That his services were terminated from 31-8-06

illegally without notice, without paying retrenchment

compensation. The reason given for termination that

biofertilizer plant is closed. Termination of his services is in

violation of Section 25-F of I.D. Act. In his cross-

examination workman says he was given appointment order,

its copy is not produced. He had not requested for giving

letter of appointment, he has not produced documents

about completion of 240 days service. He has not produced

documents about asking him to sign payment voucher in

name of Shri Bhagwandas. He was asked to sign in name of

Shri Bhagwandas in 1995. On other days he was paid salary

with his signature. That he was continuously working for

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2463

12 years. Attendance sheet is not produced. More than

100 officers and employees were working he has not

produced appointment letter of any of them. Permission of

Central Government was not obtained for closing the centre.

9. Mangement filed affidavit of witness Shri Rajesh

Kumar Sharma. The witness has narrated the course of

litigation relating to the termination of services of Ist party

workman, the award challenged in Writ Petition. Workman

was paid back wages with interest, compensation, one

months wages in lieu of notice and cost Rs. 1000. The copy

of award in R/169/96 is produced. The award has been

confirmed by the Hon'ble High Court dismissing Writ

Petition No. 4427/99, copy of judgement in Writ Petition is

produced. Therefore legality of earlier termination cannot

be decided in present case, the same has received finality.

The services of workman are terminated as per notice dated

31-8-06 Exhibit W-1. As per said notice, workman was paid

arrears of wages Rs. 6565 interest on arrears as per CGIT

order Rs. 5714, compensation under Section 25-F Rs. 12,102.

The period of retrenchment compensation is not disclosed,

paid wages for August 06 Rs. 2017, wages in lieu of notice

Rs. 2017 and cost Rs. 1000. Learned counsel for workman

Mr. Mishra emphasized that copy of said notice is not

forwarded to the competent authorities as per section 25-F

of I.D. Act Section 25-F (C) of I.D. Act provides- "Notice in

prescribed manner is served on the appropriate Government

or such authority specified by the appropriate Government

by Notification in official gazette."

The notice Exhibit W-1 is not disclosing period. Said

notice in prescribed form is not sent to the Competent

Authority provided under Section 25-F (C) and therefore

the termination of services of workman is in violation of

Section 25-F(C) 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 of services of workman is illegal, question

arises whether the workman is entitled reinstatement with

back wages. The services of workman are terminated after

dismissal of Writ Petition No. 4427/99. In compliance of

Section 17-B, workman was reinstated during pendency of

Writ Petition. For the same ground, services of workman

are terminated vide Exhibit W-1 from 31-8-06. The

termination is in violation of Section 25-F of I.D. Act. The

evidence of workman is not clear what he was doing after

termination of services from 31-8-2006. The management

has also not adduced evidence about workman was in

gainful employment. Considering those aspects,

reinstatement of workman with 50% back wages will be

appropriate. Accordingly I record my finding in Point

No. 2.

11. In the result, award is passed as under:—

(1) Action of the management of Regional Centre of

Organic Farming, Jablapur in retrenching their

workman Shri Rajesh Kumar Sharma w.e.f.

31.8. 2006 is illegal.

(2) Mangement is directed to reinstate workman with

50% back wages with continuity of 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 Qjojh] 2014

dkñvkñ 934.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fizafliy tujy

esustj] VsfydkWe] Hkkjr lapkj fuxe fyfeVsM 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]

paMhx<+ ds iapkV ¼lanHkZ la[;k 47@2009½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 24@02@2014 dks izkIr gqvk FkkA

[lañ ,y&40012@40@2008&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 934.—In pursuance of section 17 of the Industrial

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

hereby published the award (I.D. No. 47/2009) of the Central

Government Industrial Tribunal/Labour Court No. 1

Chandigarh now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of The Principal General Manager, Telecom,

BSNL and their workman, which was received by the Central

Government on 24/02/2014.

[No. L-40012/40/2008-IR(DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I,

CHANDIGARH.

Case No. ID 47 of 2009. Reference No. L-40012/40/2008-

IR(DU) dated 04-08-2009 Madan Lal, S/o Sh. Sanwaru Ram,

H. No. 160, Indira Colony, Manimajra UT, Chandigarh.

.... Applicant

2464

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

Versus

1. The Principal General Manager, Telecom, BSNL, Sector

18-B, Chandigarh.

.... Respondent

APPEARANCES :

For the Workman:

Sh. P.K. Longia Advocate.

For the Management:

Shri Anish Babbar Advocate.

AWARD

Passed on : 11.02.2014

Central Govt. vide notification No. L-40012/40/2008-IR

(DU) dated 04.08.2009 has referred the following dispute to

this Tribunal for adjudication:

Term of Reference:

"Whether the action of the management of Principal

General Manager, Telecom, BSNL, Chandigarh in

terminating the service of Shri Madan Lal w.e.f. 24/7/

1998, is legal and justified? If not, what relief the workman

concerned is entitled to?"

2. The workman in his claim statement pleaded that he

was directly engaged by the management on 28.05.1997 as

casual clerk in Commercial Office Mohali and ordered to be

shifted to Commercial Office Panchkula w.e.f. 01.04.1998.

His work and conduct was satsfictory. On 24.07.1998, his

services have been terminated with verbal order without

any reason. It came to the notice of the workman that his

services were terminated on the allegation that he was found

involved in forging documents in connection with the

issuing of new telephone connections. It is further pleaded

by the workman that no notice was given to him and no

compensation was paid before his termination. It is further

pleded by the workman that a FIR was lodged by the

management against five persons including the workman

on 08.08.1998, and a case was lodged in the court of

Additional Chief Judicial Magistrate, Panchkula on

20.01.2000. And after evidence in the criminal case, the

charges were not proved against the workman and all of

them have been acquitted. It is pleaded by the workman

that his termination is against the mandatory provisions of

the I.D. Act. He prayed for his reinstatement with full back

wages and other consequential benefits.

3. The management filed reply, preliminary objection

has been taken that the claim is barred by limitation as the

workman was disengaged in the year 1998 but he raised

the dispute in the year 2009. The workman was engaged on

need basis not according to the recruitment rules and he

has not locus standi to raise the dispute. On merits the

management pleaded that workman engaged as labourer

on need basis and was being paid as per the job assignment.

He was deployed at Mohali but his services however were

utilized on need basis at Panchkula. It is further pleaded by

the management that the workman was found involved in

forging certain documents for providing new telephone

connection against which the workman was engaged was

completed and he was disengaged as no more work was

available and regular incumbents were deployed on the

job. The workman never completed 240 days, therefore the

provisions of I.D. Act are not attracted and notice or

retrenchment compensation was not required to be paid.

He was not disengaged due to his involvement in a criminal

matter. Rather he was disengaged due to the fact that no

work was available for him. Therefore, question of

termination does not arise. Criminal case was registered

much after his disengagement on 08.08.1998. The workman

was not acquitted of merits. It is pleaded by the management

that no case is made out in favour of the workman. And the

reference may be answered against the workman.

4. The workman filed replication reiterating the claim

made in the claim statement. It is pleaded in the reapplication

that workman has very much completed 240 days and

management violated the provisions of I.D. Act 1947.

5. In evidence, workman filed his affidavit. The workman

also relied upon Ex. W2 which is experience certificate.

Photocopies of W3 to W18 which are the attendance sheets

from May 1997 to July 1998, showing that the workman has

worked for different period and completed 240 days in a

calendar year.

6. The management in evidence filed affidavit of Ashok

Kumar as Ex M1. In cross-examination, the witness of the

management stated that he has not personally observed

the work of workman in Mohali and Panchkula and he is

deposing on the basis of the documents. He further stated

that he just having a copy of FIR and no other document is

available.

7. I have heard the parties, gone through the evidence

and record of the case.

8. During oral arguments learned counsel for the

workman submitted that workman has continuously worked

with the management from May 1997 to 24.07.1998 and his

services were terminated without giving one month notice

or one month pay in lieu of notice retrenchment

compensation, which is in gross violation of Section 25Fof

the I.D. Act. It is further submitted during the arguments

by the learned counsel for the workman that after the

disengagement of the workman junior had been retained in

service. The management is legally bound to comply with

the provisions of Section 25F of the I.D. Act and other

provisions of I.D. Act. The management has violated the

mandatory provisions, therefore, the workman is entitled

to be reinstated in service with full back wages and other

consequential benefits.

9. The learned counsel for the management during

arguments submitted that the workman has no locus standi

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2465

to file the case. His services were not terminated due to the

criminal case registered against him, but due to the reason

that no work left to be done by the workman, and thus he

was disengaged. It is further submitted during arguments

that as the workman has not put in 240 days service, he

was not entitled to be paid, retrenchment compensation or

one month pay in lieu of notice. The learned counsel for

the management prays for the rejection of the claim of a

workman.

10. During the arguments representative of the

management raised preliminary objection submitting that

claim petition filed by the workman is barred by limitation.

As the workman was disengaged in the year 1998 and

present dispute has been raised in the year 2009. Counsel

for the workman refuted this submission and argued that

the workman was disengaged on 24.07.1998 and FIR was

lodged against the workman including some other persons

on the basis of FIR, workman was facing criminal trial in the

court of Additional Chief Judicial magistrate, Panchkula in

the criminal case No. 44/52901R0011232005, and after facing

the criminal proceedings for 7 years, the workman was

acquitted by the court vide judgment dated 01.02.2007 in

the criminal case. Since then the workman is seeking his

reinstatement with the management but the management

did not allow him to join. Thereafter the workman had to

move before the Assistant Labour Commissioner (Central)

i.e. Conciliation Officer and after failure of the conciliation

proceedings. The Ministry of Labour has referred the

present dispute to this tribunal for the adjudication. In the

present circumstances, the claim of the workman is not

barred by the limitation.

11. The second preliminary objection raised by the

management is that claim petition against the BSNL is not

tenable as the workman was never engaged by BSNL, BSNL

Ltd. came into existence in October, 2004, when the workman

was already disengaged. From the array of the claim

statement it is clear that the respondent No. 1 has been

arrayed as General Manager BSNL and Commercial Officer

Department of Telecom, Mohali and Commercial Officer

Telecom Department, Panchkula.

12. It is well settled that where an establishment is

renamed or merged in some other company, then liabilities

and assets automatically vested to the successor

establishment. In these circumstances the preliminary

objections taken by the management is without any

substance.

13. Management also submitted that the workman was

engaged as casual labour clerk and he was not recruited as

per recruitment rules of the management. In this regard,

workman submitted that the workman was working with

the management as daily wages clerk. A certificate issued

by the Commercial officer Department of Telecom, SCF 115,

Phase-7, Mohali, dated 31.03.1998, Commercial Officer had

certified that workman Madan Lal was working as daily

wages clerk from 28.05.1997 to 31.03.1998.

14. This certificate was issued on 31.02.1998,

management's witness MW1 Ashok Kumar DET legal

Telecom in cross-examination clearly stated that he has

not personally observed the workman. He has no personal

knowledge of the case. He never seen the workman and he

is deposing on the basis of the documents. He is only

having FIR lodged against the workman. Workman in his

statement, before this tribunal admitted that there was no

advertisement of the post against which he was working.

His name was not sponsored by Employment Exchange

and no appointment letter was given to him. Workman in

his statement also admitted that he was engaged at

Panchkula afresh. Workman also admitted that no junior to

him are working in the department and no person was

engaged after his termination. Workman also stated that

he is doing marketing work and he is earning about

Rs. 2,500.

15. From the submissions of the parties and from the

perusal of documents and evidence on record it is clear

that workman was working as casual wages clerk on daily

wages from 28.05.1997 to 24.07.1998. While working with

the management FIR was registered against the workman

along with four other persons, and after criminal trial,

workman was acquitted vide judgment dated 01.02.2007 by

the Additional Chief Judicial Magistrate, Panchkula.

16. Workman was not allowed to work after 01.02.2007,

and the workman was not given any notice pay and

retrenchment compensation at the time of his

disengagement. No reason was assigned to the workman

for his disengagement. The workman aslo admitted that

his recruitment was not as per recruitment rules. Hence so

far as the reinstatement of the workman is concerned it

would not be proper to order for reinstatement particularly

when the workman worked only for about one year, the

workman is entitled to lump sum compensation in lieu of

reinstatement.

17. Taking into consideration the facts and

circumstances of the case, the end of the justice would

meet by awarding compensation of Rs. 25,000/-. In view of

the above peculiar facts and circumstances the workman is

also entitled for Rs, 5,000 as litigation costs. The

management is directed to pay total sum of Rs. 30,000/- to

the workman within one month from the date of publication

of the award.

18. In view of the above, the reference is answered

accordingly. Central Govt. be informed. A soft copy as well

as hard copy be sent to the Central Govt. for publication of

the award.

Chandigarh : 11.02.2014

S.P. SINGH, Presiding Officer

2466

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 935.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947 dk

14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lqifjUVsUMsUV vkWQ+

iksLV vkWfQllZ ,aM vnlZ 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;] vgenkckn ds iapkV

¼lanHkZ la[;k lhthvkbZVh,-497@2004½ dks izdkf'kr djrh gS tks

dsUnzh; ljdkj dks 24@2@2014 dks izkIr gqvk FkkA

[lañ ,y&40012@54@2002&vkbZvkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 935.—In pursuance of Section 17 of the Industrial

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

publishes the Award (I.D. No. CGITA-497/2004) of the Central

Government Industrial Tribunal/Labour Court, Ahmedabad

now as shown in the Annexure in the Industrial Dispute

between the employers in relation to the management of The

Supreintendent of Post Offices and others and their workman,

which was received by the Central Government on 24/2/2014.

[No. L-40012/54/2002-IR(DU)]

P. K. VENUGOPAL, 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 4th February, 2014

Reference: (CGITA) No.-497/2004

Reference (I.T.C.) No. 47/2002 (old)

Order No. L-40012/54/2002-IR(DU)

1.

The Suprientendent of Post Offices,

Gandhinagar Division, Sector-30

Gandhinagar

2.

The Chief Post Master General,

Gujarat Circle, Khanpur,

Ahmedabad (Gujarat)-380001

....First party

And

Their Worman

Sh, Natwarbhai Velabhai Rathod

Through the organising Secretary,

The Association of Railway and Post Employees,

15 Shashi Apartments,

Near Anjalee Cinema, Vasna Road,

Ahmedabad (Gujarat) 380007

....Second Party

For the first party:

Shri Pravinchandra M. Rami,

Asst. Govt. Pleader & Advocate

(Labour & Industrial Court)

For the second party: None

AWARD

The Government of India/Ministry of Labour, New Delhi

by its Order No. L-40012/54/2002 IR (DU) dated 18.6.2002

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

Section 10 of the Industrial Disputes Act, 1947 referred the

dispute for adjudication to the Industrial Tribunal,

Ahmedabad Gujarat on the terms of reference specified in

the Schedule:

SCHEDULE

"Whether the action of the Department of Posts through

its officer in termination the service of Sh. Natwarbhai

Velabhai Rathod, Branch Post Master without

compensation is legal, proper and justified? If not, to

what relief the concerned workman is entitled?"

2.

Parties appeared in the case and filed respective

pleadings as per statement of claim (Ext.10) of the 2nd party

that the concerned wormman was serving a branch

postmaster at Sitapur and he worked from 08.11.2000 to

09.05.2000/- continuously, but all of a sudden his serving

notice and without assigning any reason, After his

termination the work of post master was given to new person.

The 1st party has conveyed the mandatory provision of

section 25F and 25H and Rules 77 of the I.D. Act which is

illegal and so relief sought for his reinstatement with full

back wages and consequential benefits.

3.

The 1st parties in its written statement (Ext. 12)

contended that the reference is not maintainable since the

workman Shri Rathod was kept on purely temporary basis

as stop gap p arrangement and that the concerned workman

worked on for 184 days from 08.11.2000 to 10.05.2001 and

so the 1st parties have not entitled for reinstatement with

back wages etc. and the reference is fit to be dismissed.

4.

The dates are being adjourned for leading

evidence by the workman (2nd party) but 2nd party

remained absent whereas the lawyer of the 1st party by

filing pursis Ext. 18,19 and 20 on different dates was ready

for cross of 2nd party workman.

The 2nd party workman and his Union appear to have

lost interest in this reference. So the reference deserves to

be dismissed. The following order is passed.

ORDER

The action of the 1st party is terminating the services of

Natwarbhai V. Rathod is justified. The workman is not

entitled to relief.

This reference is dismissed for non-prosecution.

BINAY KUMAR SINHA, Presiding Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2467

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 936.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds

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@Je

U;k;ky; uañ 2 /kuckn ds iapkV ¼lanHkZ la[;k 24@2001½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 24@02@2014 dks izkIr gqvk FkkA

[lañ ,y&20012@419@2000&vkbZ vkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 936.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 24/2001)

of the Central Government Industrial Tribunal-cum-Labour

Court No. 2, Dhanbad now as shown in the Annexure in

the Industrial Dispute between the management of

M/s. BCCL and their workman, which was received by the

Central Government on 24/02/2014.

[No. L-20012/419/2000-IR(C-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT: SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act., 1947.

REFERENCE NO. 24 OF 2001.

PARTIES :

The Working President,

Rastriya Colliery Mazdoor Sangh

Rajendra path, Dhanbad

Vs. General Manager,

Central Workshops of Kustore Area

of M/s. BCCL Kustore, Dhanbad

APPEARANCES:

On behalf of the workman/

Mr. K. Chakraborty,

Union

Ld. Advocate

On behalf of the :

None, Ld. Advocate

Management

State:

JHARKHAND

Industry:

Coal

Dated, Dhanbad, the 9th Jan. 2014.

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec.10(1)(d)

of the I.D. Act., 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

419/2000(C-I) dt. 25.01.2001.

SCHEDULE

“Whether the demand of the Union for promoting

Shri Bishambhar Singh, Armature Winder Gr. I of Central

Workshop of Kustore Area of M/s. BCCL, Distt. Dhanbad

to the post of Asstt. Foreman J & S Gr. “C” with effect from

the date his juniors have been promoted as Asstt. Foreman

is justified? If so, to what relief is the said workman

entitled.”.

2. Neither the Union Representative for Rastriya

Colliery Mazdoor Sangh nor workman Bishambhar Singh

appeared nor any witness produced for the evidence of

workman despite Regd., notices. Similarly none appeared

for the Management.

On perusal of the case record, it stand clear from it

that the case has been pending for the evidence of workman

since 30.12.2005 for which Registered notices were issued

to the union concerned on its address noted in the reference

itself, though Mr. Gopal Tiwary, the Legal Assistant was

present for the O.P./Management on the last date i.e. on

26.11.2013 on which date last chance was given to the

Union Representative for the evidence of the workman.

The present reference relates to an issue for the promotion

of the workman to the post of Asstt. Foremen J & S for

Grade C. The Union Representative as well as the workman

by his conducts appears to be disint erested/unwilling in

pursuing the case, as he has lost his interest in it. Therefore

the case is closed as no Industrial dispute existent and

accordingly an Award of No Dispute is passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 937.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; uañ 2 /kuckn ds iapkV ¼lanHkZ la[;k 85@2012½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 24@02@2014 dks izkIr gqvk FkkA

[lañ ,y&20012@82@2012&vkbZ vkj ¼lh,e&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 937.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 85/2012)

of the Central Government Industrial Tribunal-cum-Labour

Court No. 2, Dhanbad now as shown in the Annexure in

2468

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

the Industrial Dispute between the management of

M/s. BCCL and their workman, which was received by the

Central Government on 24/02/2014.

[No. L-20012/82/2012-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT : SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act., 1947.

REFERENCE NO. 85 OF 2012

PARTIES :

The Vice President,

Janta Mazdoor Sangh, Vihar Building,

Jharia, Dhanbad.

Vs. General Manager,

Kusunda Area of M/s. BCCL Kusunda,

Dhanbad

APPEARANCES:

On behalf of the

Mr. K. N. Singh,

Workman/UnionLd. Advocate

On behalf of the

:

Mr. U.N. Lal, Ld.

Management

Advocate

State

:

JHARKHAND

Industry

:

Coal

Dated, Dhanbad, the 3rd Jan. 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec.10(1)(d)

of the I.D. Act., 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

82/2012-IR(CM-I) dt. 29.10.2012.

SCHEDULE

“Whether the action of the management of Kusunda

Area of M/s. BCCL in not regularizing Sri Pramod

Prasad as UG Munshi is legal and justified? To what

relief is the workman concerned entitled?”

2. Neither any Representative for Janta Mazdoor

Sangh, Jharia, Dhanbad, for the Union nor workman Promod

Prasad appeared nor any written statement of the workman

filed, Mr. U.N. Lal Learned Advocate for the O.P./

Management is also absent.

On perusal of the case record, I find that the present

case has all along been pending for the Written Statement

to be filed on behalf of the Union/workman, for which three

Regd. Notices dt., 24th Dec., 2012, 31st July and 13th Nove.,

2013 respectively have been issued to the Vice President

of the Union concerned, but none of them responded to it.

The Union Representative as well as the workman by his

conduct appears to be uninterested in pursuing the case

for its finality. Under these circumstances, it is useless to

proceed with the case for uncertainity. Hence the case is

closed as no Industrial dispute existent, and accordingly it

is passed an Order of ‘No Dispute’.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 938.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ch lh lh ,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; uñ 2] /kuckn ds iapkV ¼lanHkZ la[;k 01@2007½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 24@02@2014 dks izkIr gqvk FkkA

[lañ ,y&20012@88@2006&vkbZ vkj ¼lh ,e&I)]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 938.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 01/2007)

of the Central Government Industrial Tribunal-cum-Labour

Court No. 2, Dhanbad as shown in the Annexure in the

Industrial Dispute between the management of M/s. BCCL,

and their workman, received by the Central Government on

24/02/2014.

[No. L-20012/88/2006-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT : SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1) (d) of the I.D. Act, 1947

REFERENCE NO. 01 OF 2007.

PARTIES:

Shri Hari Prasad Saw, M/Labour

Bhowra (S) Colliery of M/s. BCCL,

Dhanbad

Vs.

General Manager, E.J. Area of

M/s. BCCL, Bhowra, Dhanbad.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2469

APPEARANCES :

On behalf of the workman

:

Mr. M.N. Rewani, Ld.

Advocate

On behalf of the

:

Mr. U.N. Lal, Ld.

Management

Advocate

State : Jharkhand

Industry : Coal

Dhanbad, Dated the 4th Nov., 2013

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec. 10(1)(d)

of the I.D. Act., 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

88/06-IR (CM-I) dt. 24.1.2007.

SCHEDULE

"Whether the action of the management of Bhowra

(S) Colliery of M/s. BCCL in dismissing? Shri Hari

Prasad Saw, M/Loader from Service of w.e.f. 12.2.2004

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

concerned workman entitled?"."

2. The case of workman Hari Prasad Saw is that he

was a permanent employee of Bhowra (S) Colliery of M/s.

BCCL working as M/Loader. He was issued the charge

sheet by the Management on 24.10.2003 for misconduct of

habitual unauthorized absentism from 27.06.2003 under

clause 26.1.1. of the Certified Standing Order of M/s.

BCCL.Whereas he had absented from duty, as he was

abducted by his father-in-law for a dispute/ enmity with

him. His mother had informed the management of it through

the Regd.Post on 20.11. from his village Gararia,

P.O.Raniganj, Distt:Gaya, Bihar. The charge sheet was

issued with a direction to him to submit his reply within

seven days. But without waiting for his reply, he was

communicated as per the Office Order on 27.10.2003 for

holding a domestic enquiry. It was totally illegal and

violative of natural law. He had replied to the chargesheet

by stating his inability to attend to his duty on account of

his enmity with his father-in-law. In spite of it, the notice

was issued on 6.1.004 for conducting a domestic enquiry

into the chargesheet. Even at his full justification for his

absence due to the said reason in the enquiry, he was not

sympathetically allowed to join his duty. The enquiry report

of the Enquiry Officer without a date falsifies the enquiry

process. The workman also instantly replied to the letter

dt. 19.1.2004 of the Management on the same date; even

then the Management without hearing and considering

his prayer recommended to dismiss him with immediate

effect from 12.02.2004.The appeal preferred by the workman

against it before the Management for his re-instatement

has been still pending.

3. The workman in his rejoinder categorically denying

the allegations of the Management has stated that his

absence was quite reasonable, and the clause 26.1.1 of the

Certified Standing Order applies only to the habitual

absence but without any reasonable cause. Just after three

days of the chargesheet, he was informed on 27.1.2003

about the setting up of the domestic enquiry, which was

conducted without sufficient opportunity to him. The copy

of the chargesheet was not supplied to him, but to his

mother, through Regd Post at his native village, so his

mother had replied to it. The entire enquiry proceeding is

illegal, as it bears the workman to have put his signature

whereas he is an uneducated person.

4. Whereas the contra pleaded case of the O.P,./

Management with its categorical denials is that workman

Hari Prasad Saw, Ex-Miner Loader (P.No.03003050) of

Bhowra (S) Colliery was unauthorisedly absenting w.e.f.

27.06.2003,so he was issued the chargesheet dt.24.10.2003

for his misconduct of habitual absentee as per clause 26.1.1.

of the Certified Standing Order of the Company, directing

him to file written reply to it in seven days. His mother

replied to it that she was unaware of his whereabout.

Consequently, the management as per the letter No.1544

dt.4.12.2002 appointed the Enquiry Officer and the

Management Representative to enquire into the matter. At

the notices of the Enquiry, the workman fully participated

and availed ample chances for his defense in the enquiry.

He had subsequently submitted his reply to the Second

Show Cause, it was found unsatisfactory. In the enquiry,

the past attendances of the workman were 75, 17,41 and 28

days in the years 2000 to 2003 (Upto June,26,2003)

respectively as also brought out in the enquiry, so in the

last year one SPRA of the workman as per the Order

dt.01.03.2003 was stopped. Consequently the Disciplinary

Authority imposed upon the workman the penalty of his

dismissal for it as per the letter No.178 dt.12.2.2004 subject

to the approval of the General Manager on 6.2.2004.

Thererafter, the I.D. came into existence.

5. Irrespective of repetitions, the O.P./Management

categorically responded negatively and postively,and

sought a permission to adduce its evidence before the

Tribunal in case of finding the enquiry as improper.

FINDING WITH REASONS

6. In the instant case, at the acceptance of the

domestic enquiry as fair and proper by Mr. M.N.Rawani,the

Learned Advocate for the workman, the Tribunal as per its

order No.24 dt.31.7.2012 has accordingly held it to be in

accordance with the principle of natural justice. In result,

the documents of the O.P./Management were duly marked

(on formal proof waived). Hence, it has directly come up

for hearing at the final argument on merits.

Mr.M.N.Rewani ,Learned Counsel for the workman

has submitted that the workman is a permanent employee

as a Miner Loader of the Bhowra Colliery of M/s. BCCL,

and the workman has been indisputably awarded with the

harsh punishment of dismissal for his unauthorized

absentism,which is fourth time, following two penalties of

warning and third one of SPRA stoppage on his apologies

for his previous absentisms in the year 2000 to 2003 (Upto

2470

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

28th June, 2003). Further it is submitted on behalf of the

workman that he had though justified his present absentism

from his duty on account of the threatful incidents of his

father-in-law. On the other hand, Mr. U. N. Lal, Learned

Advocate for the O.P./ Management has to contend that

the workman is an acknowledged habitual absentee as also

as per his previous record of his services, the punishment

of dismissal to the workman for gross misconduct is quite

proportionate to the gross nature of his absentism.

7. On the perusal and consideration of the materials

on the case record, I find that the workman is undoubtedly

a habitual absentee from the job of Minor Loader just as in

the present case of gross unauthorized absentism.

Therefore, the punishment of dismissal to the workman for

his gross absentisms from duty in violation of clause 26.1.1.

of the Certified Standing Order of the Company seems not

disproportionate to the nature of his usual absentism.

Dismissal of an employee habitually absenting is justified

as held in the case of P.M.Raju Vs. the Presiding Officer,

Labour Court, Madurai & Management of Fenner (India)

Ltd.(2001)4 LLN903;(2002)IV LLJ (Supp) 1119. Hence the

workman appears to be wide off any relief under the

provisions of Sec.11 A of the Industrial Ttribunal,1947.

In the result, it is responded and hereby

ORDERED

That the action of the Management of Bhowra (S)

Colliery of M/s. BCCL in dismissing Sri Hari Prasad Saw,

M/Loader from service w.e.f. 12.2.2004 is justified and legal.

The concerned workman is not entitled to any relief.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 939.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lh lh ,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; uñ 2] /kuckn ds iapkV ¼lanHkZ la[;k 29@2002½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 24@02@2014 dks izkIr gqvk FkkA

[lañ ,y&20012@438@2001&vkbZ vkj ¼lh&I)]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 939.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 29/2002)

of the Central Government Industrial Tribunal-cum-Labour

Court No. 2, Dhanbad as shown in the Annexure in the

Industrial Dispute between the management of M/s. CCL,

and their workmen, received by the Central Government on

24/02/2014.

[No. L-20012/438/2001-IR(C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTAL GOVERNMENT INDUSTRIAL

TRIBUNAL (NO. 2), AT DHANBAD

PRESENT : SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1) (d) of the I.D. Act, 1947

REFERENCE NO. 29 OF 2002

PARTIES

:

Shri Hardev Mistry.

Ex-Turner, Sirca Colliery of M/s CCL,

PO: Argada, Hazarbagh

Vs the Project Officer,

Sirca Colliery of M/s CCL, PO: Argrada,

Hazaribagh.

APPEARANCES:

On behalf of the workman/ :

Mr. D. Mukherjee, Ld.

Union

Advocate

On behalf of Management :

Mr. D.K. Verma, Ld.

Advocate

State : Jharkhand

Industry : Coal

Dhanbad, Dated the 22nd January, 2014

AWARD

The Government of India, Ministry of Labour, in

exercie of the powers conferred on them under Sec. 10(1)(d)

of the I.D. Act., 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

438/2001. IR (C-I) dt. 04.04.2002

SCHEDULE

"Whether the demand of Hardeo Mistry, workman

of Sirka colliery of M/s C.C. Ltd. that his date of

superannuation should be 5.12.2000 instead of

termination of service w.e.f. 19.2.2000 on the basis of

his date of birth 5.12.1940 is legal and justified? If so,

to what relief is the concerned workman is entitled?"."

On receipt of the Order No. L-20012/438/2001.IR(C-I)

dated 04.04.2002 of the above mentioned reference from

the Government of India, Ministry of Labour, New Delhi

for adjudication of the dispute, the reference Case No. 29

of 2002 was registered on 01.04.2002 and accordingly an

order to that effect was passed to issue notices through

the Registered Post to the parties concerned directing them

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

written statements along with the relevant documents and

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

of the said order, notices by the Registered Post were sent

to the parties concerned.

Both the parties made their appearance through their

respective Counsels and Union Representative and filed

pleadings and documents. They also adduced oral

evidence.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2471

2. The case of workman Hardev Mistry as pleaded in

his written statement is that he was a permanent workman

at Sirka Colliery. While appointing him, his date of birth

(DoB) was based on his School Leaving Certificate and his

declaration. All the employees of coal Industries were

served with their service excerpt for giving a last chance

for rectification/correction/amendment of date of birth, date

of appointment etc. It was agreed that the date of birth as

recorded in the service excerpt should be treated as final, if

no objection raised. However, in event of any objection, it

was agreed for the reference the workman concerned to

the Medical Board for determination of age and his age so

determined by Medical Board would be final. Accordingly,

the workman was also issued his service excerpt bearing

his date of birth as 05.12.1940, according to which the date

of his superannuation at 60 years of his age was 5.12.2000.

But the Management illegally and arbitrarily terminated his

service w.e.f. 19.2.2000. In spite of his representation against

it to the Management, it turned out in effective. The

R.C.M.S. Union raised an Industrial Dispute before the

A.L.C. (C), Hazaribagh against it, and the management in

its conciliation proceeding though agreed for his

reinstatement with full wages and benefits for the period

Feb. 19 to Dec. 5, 2000. The dispute on that assurance was

closed. But the Management took no cognizance of it. So

the workman being disgusted with it reagitated the matter

before the Concilliation Officer, but the Conciliation due to

the restive attitude of the Management also failed. Though

the Central Government had rejected the dispute for

reference; but as per the order dt. 11.2.2000 of the Hon'ble

High Court, Jharkhand, passed in W.P.(s) No. 1085/2002,

the government referred it for an adjudication. Thus the

action of the Management in terminating the service of

workman w.e.f. 19.5.2000 instead of 5.12.2000 was illegal,

arbitrary and against the principle of natural justice.

Specifically denying the allegations of the O.P./

Management as false, the workman in his alleged rejoinder

under signature of his Lawyer concerned has stated that

the workman was appointed prior to nationalization of CCL;

the R.C.M.S. Union is a pocket Union of Management, as

the dispute at the instance of the Management was

withdrawn.

3. Whereas the pleaded case of the O.P./Management

with categorical denials is that the reference is not

maintainable, as he is not a workman as under section 2(S)

of the Industrial dispute Act 1947 after his superannuation.

Sri Hardeo Mistry son of Shri Kharag Mistry of Village

Dakhin-Gaon, PO: Wazir Ganj, Distt: Gaya was appointed

on 22.5.1958 at Kathara Colliery during erstwhile N.C.D.C.

At his medical examination by the Asstt. Medical Officer

In-charge of the colliery on 25.4.1969, his age was recorded

by the aforesaid Doctor in his medical examination report

as 32 years by appearance and 31 years of age as stated by

the employee, who accepted it under his thumb Impression.

His same age 32 years as on 25.4.1969 was recorded in his

service sheet according to which his date of birth (DoB)

came to 25.4.1937. Accordingly it was recorded in his service

sheet as also authenticated by the Manager of colliery.

The employee was transferred to Gorbi and Sirka Colliery

as Mechanist/Turner Gr. I in the years 1973 and 1979

respectively. His date of birth remained unchanged up to

25.8.1981 which was satisfactory for about 12 years, but he

never thought of any change in his date of birth as per

Certificate of Matriculation on N.C.V.T., out of which the

latter certificate he had got in the year 1978. But he

committed a mischief to claim his date of birth as 05.12.1940

in his School Certificate he had not produced the School

Certificate at the time of his Medical Examination or his

appointment. It appears to have managed it later on after

coming into the service of erstwhile N.C.D.C. He got his

date of birth interpolated in his service book collusively,

by striking his original date of birth, replacing it with his

another one as 05.12.1940 based on his alleged

Matriculation Certificate. When asked for it, the workman

failed to produce any Matriculation Certificate till then. His

such interpolation came to knowledge of the Area

Management in Feb., 2000, and being satisfied with the

original entry of his date of birth in his service sheet, the

Management directed the Project Management to retire

him with immediate effect. Besides, he worked for 42 years

beyond the age of his retirement w.e.f. 19.2.2000, it can not

be treated as his termination. So the retirement of the

workman is legal and justified.

FINDING WITH REASONS

4. In this case, WWI Hardeo Mistry, the petitioner

himself for the Union and MWI Sukumar Deoghria, the Dy.

Manager (Pes.), Sirka Colliery, CCL for the O.P./

Management have been examined respectively.

According to the statement of petitioner Mahadeo

Mistry (WW1) as per his written argument, while being

appointed as Blacksmith in the year 1958, his age was

recorded as 05.12.1940 in his Form-B Register as also

recorded in his I.D. Card and Service Excerpt (Extt. W.1 & 2

respectively). Further the emphasis of the petitioner is that

his passed ITI Certificate issued on July 1976 (Ext. W.3) as

bears his same date of birth (DoB) as noted in the original

School Leaving Certificate (Ext. W.4), according to which

his superannuation comes on 05.12.2000, but instead of

that the OP/Management unreasonably stopped him from

working w.e.f. Feb., 2000, against which he had submitted

his representation (Ext. W.5) to the Management. But from

the admission of the petitioner, it is clear that his School

Leaving Certificate was issued by the School Authority in

the year 1968, and his I.D. Card bears not his date of birth.

It prima facie proves that the petitioner had not submitted

his alleged School Leaving Certificate (S.L.C.) for his non

matriculate to the OP/Management at the time of his

appointment as also asserted by MW1 Sukumar Deogharia.

2472

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

5. Whereas the interalia contention of Mr. D.K. Verma,

the Learned Counsel for the O.P./Management in the light

of the statement of MW1 Sukumar Deogharia, Dy. Manager

(Pers) of Sirka Colliery of CCL is that the petitioner has

raised the reference after his retirement, so neither his

superannuation nor his status as a workman comes under

Sec.2 A and Sec. 2(5) of the Industrial Dispute Act 1947,

hence it is unmaintainable. Further Mr. Verma, Learned

Counsel has contended that the petitioner was firstly

appointed as Turner in the NCDC (National Coal

Development Corporation) on 22.5.58 and as per his Service

Sheet (Ext. W.1) following his medical examination by the

Asst. M.O. I/C as per his Medical Report (From dt. 25.4.69

Ext. M.2 with objection), his date of birth was recorded as

25.4.1937 or as 32 years as on 25.6.69, since the petitioner

had completed his service for 41 years 9 months beyond 60

years since his appointment, so he was made to retire on

19.2.2000 from Sirka Colliery of CCL as per the

Management's order dt. 19.2.2000 (Ext. M.3). Though

petitioner/workman had never produced his School

Certificate at the time of his entry into the service, he tried

to make out his false date of birth claim based on his ITI

Provision Certificate evidently contingent upon his alleged

non-matriculation certificate as referred therein (Extt. W.3

and 4 respectively), on the basis of which, he managedly

got the same interpolated in his Service Sheet (Ext. M.1).

All these prove that the petitioner had not produced his

any School Certificate at the time of his appointment as

Turner, so his claim in the reference appears be untenable.

6. On persual and consideration of the materials on

the case record, I find that the argument of Mr. D.K. Verma,

Learned counsel for the O.P./Management appears to be

not untenable, rather consistent with real factum of the

case. As the nature of the case stands before me clearly

reflects the claim of the employee to be based on his non-

matriculate Certificate procured in the year 1968 after about

a decade, which seems a concoction on his part. In such

circumstance, I am of the view as also held by the Hon'ble

Apex court in the case of G.M. Bharat Coking Coal Ltd. Vs.

Shib Kumar Dushad, (2000) 8 SCC 696 that correction of

date of birth by an employee long after his joining service

will not be permissible.

In result, it is, in the terms of the reference, responded,

and accordingly, hereby.

ORDERED

That the demand of Shri Hardeo Mistry, then

employee, from the Management of Sirka Colliery of CCL

whether his superannuation w.e.f. 19.2.2000 in place of

5.12.2000 on the basis of his alleged date of birth 5.12.1940

is quite unjustified as well as illegal. Hence the petitioner is

not entitled to any relief.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 940.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lhlh,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; uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 24@ 2013½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24@02@2014 dks izkIr gqvk

FkkA

[lañ ,y&20012@177@1999&vkbZñ vkjñ ¼lh&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 940.—In pursuance of Section 17of the

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

Government hereby publishes the Award (Ref. 24/2013) of

the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 2,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. CCL, and their

workmen, received by the Central Government on

24/02/2014.

[No. L-20012/177/1999-IR(C-I)]

M. K. SINGH, Section Officer

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT : Shri Kishori Ram, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act., 1947.

NO. 24 OF 2013.

PARTIES

:

The Addl. Gen. Secretary,

National Coal Organization Employees

Association, Ranchi

Vs. The General Manager,

C.W.S. Barkhakana of M/s. CCL,

Hazaribagh.

APPEARANCES:

On behalf of the workman/

None

Union

On behalf of the :

Mr. D.K. Verma,

Management

Ld.Advocate

State:

Jharkhand

Industry:

Coal

Dhanbad, Dated the 20th Jan., 2014.

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec.10(1)(d)

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2473

of the I.D. Act, 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

177/99-IR(C-I) dt. 18.08.1999.

SCHEDULE

"Whether the dismissal of S/Shri S.K. Palit, Niranjan

Kumar, Mandip Ram and Sanjay Kumar from service

by the Management of M/s. CCL, Barkakana is proper,

justified and legal? If not, what relief the workmen

are entitled to?"

2. Neither the Union Representative for the National

Coal Organization Employees Association, Darbhanga

House, Ranchi, nor any of the four workmen S.K. Palit,

Niranjan Kumar, Mandeep Ram and Sanjay Kumar appeared

nor on their behalf not any written statement with

documents filed. But Mr. D.K. Verma, the Ld. Advocate for

the O.P./Management is present.

On perusal of the case record, it is clear that since

the Reference case has been registered, despite three Regd.

Notices dt. 03.04.2013, 01.10.2013 and 27.11.2013 having

been issued to the Addl. General Secretary of the

Association on its address noted in the Reference itself,

none appeared on any date nor W.S. with the documents

filed on behalf of the workmen in this case which is related

to an issue of their dismissal. The Union Representative as

well as the workmen by their conducts appears to be

uninterested in pursuing their case for finality. Under these

circumstances, it would be quite proper to close the case

as no Industrial Dispute existent. Accordingly an Award of

No Disputer is passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 941.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k@Je

U;k;ky; uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 223 dk 2001½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24@02@2014 dks izkIr gqvk

FkkA

[lañ ,y&20012@236@2001&vkbZ vkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 941.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 223/

2001) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL, and their

workmen, received by the Central Government on

24/02/2014.

[No. L-20012/236/2001-IR(C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT: Shri Kishori Ram, Presiding Officer.

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act, 1947.

REFERENCE NO. 223 OF 2001.

PARTIES :

The Secretary,

Koyla Ispat Mazdoor Panchyat,

Katrasgarh, Dhanbad

Vs. Gen. Manager, Katras Area of

M/s. BCCL, Sijua, Dhanbad

APPEARANCES:

On behalf of the workmen/

Mr. B.B. Pandey Ld.

Union:

Advocate

On behalf of the Management: Mr. D.K. Verma,

Ld. Advocate

State:

Jharkhand

Industry:

Coal

Dhanbad, dated the 20th Jan., 2014.

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec.10(1)(d)

of the I.D. Act, 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

236/2001-IR(C-I) dated 10.08.2001

SCHEDULE

"Whether the action of the Management of Katras

Area of M/s. B.C.C.L., P.O. Sijua, and Distt. Dhanbad

in not providing employment to the 2nd wife of Late

Munna Rajwar is justified? If not, to what relief is the

dependent of the concerned workman entitled?"

2. The case of sponsoring Coal Ispat Mazdoor

Panchyat, Katrasgarh, Dhanbad, for petitioner is that Late

Munna Rajwar was the permanent employee of East Katras

Colliery of M/s. BCCL under Katras Area, but he expired

on 23.04.1992 during his service. On his death, his

dependent wife Dharmshila Rajwarin submitted all the

relevant Certificates/papers for the employment in place of

her deceased husband under clause 9.5.0 of the N.C.W.A-

V. She is second wife of Late Munna Rajwar, and entitled to

all benefits. Accordingly the management has paid her all

legal dues, CMPF Accumulation, Gratuity and amount

under Life Cover Scheme arising due to death of her

husband. On being fully satisfied with the claim as genuine

after several queries from her, the management as per its

2474

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

letter No. EK/PD/98/171 dt.1/17.2.1998 offered her options

for accepting either monetary compensation or employment

in place of her deceased husband under said clause of

NCWA. Accordingly she chose for employment thereunder,

by confirming it in writing on 18.02.1998. But the

Management kept silent over it for about three years, during

which the issue was discussed with the Management even

before the ALC ©, Dhanbad. Lastly the Management as

per its letter No. EK/PD/2000/3160 dt.13/14.11.2000 regretted

her claim for employment. Though despite the approaches

of the petitioner and the Union concerned for

reconsideration as before the ALC ©, Dhanbad, the

conciliation proceedig before the ALC©, failed resulting in

the reference for an adjudication.

3. The petitioner in her rejoinder dt. 15.12.2003 under

the signature of Mr. P.P. Pandey, Advocate for her has

categorically denied the allegations of the O.P./

Management, and stated that Rukmini Kamin had expired

on 17.02.1987, and the petitioner Dharmashila Rajwarin/

Dharam Shila Devi, though second wife of the deceased

workman, was legally a married wife, as she got all the legal

dues CMPF etc. of her deceased husband. The second

wife has the status of legally married wife, so she is entitled

to employment.

4. Whereas specifically denying the allegation of the

petitioner, the O.P./Management challenging the

maintainability of the reference has stated that the instant

case does not indicate the name of second wife of deceased

workman Munna Rajwar, who as a permanent employee of

East Katras Colliery died in harness on 23.04.1992. The

deceased workman had married Smt. Rukmani Kamin whose

name appears as his nominee in his PF Records. But during

the life of his aforesaid first wife, he had married Smt.

Dharmsila Devi as second wife which was null and void

under the law: the bigamous marriage is a punishable

offence and also misconduct under the Certified Standing

Order of the Company. So the petitioner second wife of the

deceased workman has no status of a wife under the law.

As per the provision of the NCWA, only the wife of the

workman is entitled employment in case of his death in

harness, but his second wife (petitioner) has no status of a

wife under the law, so she can neither be called as his wife

nor be entitled to any employment. Besides, the processing

of papers for employment, and forwarding the same to the

Company's H.Q and correspondences, if any, do not change

the legal status of second wife of the deceased workman.

So the action of the Management as stated in the Schedule

to the reference is justified.

FINDING WITH REASONS

5. In the instant case, WW1 Dharmashila Rajwarin,

the petitioner, on behalf of the Union, has been examined.

Not any witness for the Management despite ample

opportunity has been produced and examined. The

statement of petitioner Dharmashila Rajwarin (WW1)

reveals that Late Munna Rajwarin, the Extrammer at East

Katras Colliery was her husband who died in harness on

23.04.1992. After his death, she as his widow had got all

dues of her husband from the Management. Her positive

assertion is that her husband had married her about four

years (i.e. in the year 1988) before his death 23.04.1992 but

after the death of his first wife Rukmini Kamin on 17.02.1987

as evident from their Death Certificates Extt. W./5 and 5/1

respectively. Consequent upon the death of her husband,

the petitioner had submitted her representation to the

Management on compassionate ground which was

forwarded to the H.Q. at Koyla Bhawan. The Management

as per its letter (dt.11/17.2.1998—Ext.W.1) asked her for

compensation or employment. She responded to it as per

her petition (dt. 17.02.1998—carbon copy —Ext.W.2), but

the management as per its letter dt. 13/14.11.2000 with its

enclosure dt. 1.11.2000 (Extt.W.3 and 3/1 respectively)

rejected/regretted the fact of her employment, though the

Project Officer is per his letter (dt. 26th July 1995—Ext.W.4)

addressed to the Dy. Chief Personnel Officer over her claim

for employment compassionate ground. Hence she raised

the industrial dispute for her relief. She has flatly denied

the fact of the O.P./Management in her cross examination

that the ex-workman had married her during the life time of

his first wife, as also denied the Death Certificate of her

husband as manufactured. In the light of aforesaid facts,

Mr. B.B. Pandey, Learned Counsel for the petitioner has

arguably submitted for her employment on compassionate

ground under clause 9.5.0 of the NCWA-V, and the case is

not at all belated.

6. Whereas the contention of Mr. D.K. Verma, Learned

Advocate for the O.P./Management is that the marriage of

the petitioner as second wife having been soleminsed after

the death of the first wife of the deceased workman has not

been proved, the second wife is not eligible for her

employment, and lastly that the present reference being

belated is not considerable.

7. On the perusal and the consideration of the

materials on the case record, I find that the O.P./

Management could not be able to rebut them payment of

legal dues CPF etc. of the deceased workman to the

petitioner even as his second wife. So far as the legal status

of the petitioner as the second wife of the workman dying

in harness after the death of his first wife Rukmini Kamin

earlier is concerned, the petitioner has legal status

accordingly after her marriage with the deceased workman

just four years prior to his death in harness. The expression

'wife and husband' means a person claiming to be a wife or

husband. The expression cannot be given a strict meaning

as to convey only legally married wife and husband in

reference to Sec. 14 of the Hindu Marriage Act (25 of 1955)

as held in the case of Laxmibai Vs. Ayodhya Prasad, reported

in AIR 1991 MP 47.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2475

In view of the aforesaid discussed facts, I find the

petitioner Dharmsila Rajwarin as the second wife of the

late workman Munna Rajwar dying in harness has merits in

her case. Hence in the terms of the reference, it is hereby.

ORDERED

That the action of the Management of Katras Area

of M/s. BCCL, P.O. Sijua, Dist. Dhanbad in not providing

employment to the second wife of Late Munna Rajwar is

not only unjustified but also quite illegal. Therefore, the

petitioner Dharmshila Rajwarin as the second wife of Late

Munna Rajwar is entitled to her employment on

compassionate ground under clause 9.5.0.(ii) of the

N.C.W.A-V, if under 45 years of her age at the relevant time,

otherwise she will be entitled only to monetary

compensation.

KISHORI RAM, Presiding Officer

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FkkA

[lañ ,y&20012@178@1999&vkbZ vkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 942.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 292/

1999) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL, and their

workmen, received by the Central Government on

24/02/2014.

[No. L-20012/178/1999-IR(C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT: SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act, 1947.

No. 292 OF 1999

PARTIES :

The Secretary,

Bihar Janta Khan Mazdoor Sangh,

Sijua, Dhanbad

Vs.

The General Manager,

Katras Area of M/s. BCCL,

Sijua, Dhanbad

APPEARANCES:

On behalf of the Workman/

None

Union

On behalf of the

Mr. D.K. Verma,

Management

Ld.Advocate

State:

Jharkhand

Industry:

Coal

Dhanbad, Dated the 20th Jan., 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec.10(1)(d)

of the I.D. Act, 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

178/99/IR(C-I) dt. 04.08.1999.

SCHEDULE

"Whether the dismissal from service of Shri

Chandadeo Yadav by the Ram Kanali Colliery of M/

s. BCCL w.e.f. 20.07.92 is justified, legal and proper?

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

2. No Representative for Bihar Janta Khan Mazdoor

Sangh, Sijua, Dhanbad, nor workman Chandra Dev Yadav

appeared, but Mr. D.K. Verma, Ld. Counsel for the O.P./

Management, Katras Area of M/s. BCCL present without

any Management witness on preliminary point.

On perusal of the case record, it is quite clear that the

case has been all along pending for the evidence of the

Management at the preliminary point, meanwhile for its

settlement it was also sent to Lok Adalat but it could not

succeed. It is also evident that the Union representative or

the workman by his conducts appears to be quite unwilling

to pursue the case. Due to disinterestedness of the Union

Representative as well as that of the workman and since

the case is the oldest one of the year 1999. Under these

circumstances, it would not be improper to close the case

as No Industrial dispute existent. Accordingly an Award of

No Dispute is passed.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 24 Qjojh] 2014

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2476

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

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izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24@02@2014 dks izkIr gqvk

FkkA

[lañ ,y&20012@162@2004&vkbZñ vkjñ ¼lh,e&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 943.—In pursuance of Section 17of the

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

Government hereby publishes the Award (Ref. No. 11/2007)

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

2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. CCL, and their

workmen, received by the Central Government on

24/02/2014.

[No. L-20012/162/2004-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT: SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act., 1947.

REFERENCE NO. 11 OF 2007.

PARTIES

:

The President,

United Coal Workers Union, Rajrapa,

Hazaribagh

Vs. The Project Officer, Rajrappa

Project of M/s. CCL, Rajrappa,

Hazaribagh.

APPEARANCES:

On behalf of the workman/

Mr. D. Mukherjee,

Union

Ld.Advocate

On behalf of the :

Mr. D.K. Verma,

Management

Ld. Advocate

State:

Jharkhand

Industry:

Coal

Dhanbad, Dated the 13th Jan., 2014.

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec.10(1)(d)

of the I.D. Act., 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

162/2004/IR(CM-I) dt. 23.02.2007.

SCHEDULE

"Whether the demand of the United Coal Workers

Union from the Management of Rajrapa Project of

M/s. CC Ltd. to place Shri Rajeshwar Singh & 12

others (list enclosed), E.P. Turners & Mechanists

Gr. I Group 'B'(daily rated) in monthly rated T & S

Gr.'B' is legal and justified? If so, to what relief are the

concerned workman entitled and from which date?"

2. None appeared for the Union United Coal Workers

Union nor any of the workmen Rajeshwar Singh & 12 others

nor any witness for the evidence on their behalf been

produced despite last chance. Mr. D.K. Verma, the Ld.adv.

for the O.P./Management is present.

From the perusal of the case record it is clear that the

case has been pending for the evidence of the workman

since 30th Jan. 2013 but not a single witness for the workmen

even after giving the last chance has been produced on

behalf of the Union. The Union Representative and the

workmen by their conducts appear to be uninterested in

pursuing the case for finality of the reference which is

related to an issue for placement of the workmen in monthly-

rated T& S Gr. B. Under these circumstances, the case is

closed as No Industrial Dispute existent and accordingly

an Award of 'No Dispute' is passed.

List of the workmen

1.

Rajeshwar Singh, Turner Gr.I

2.

B.K. Bhattacharje, Turner

3.

D.P.Singh, Mechanist

4.

Bhola Ram Prajapati Turner

5.

Naresh Prasad, Turner

6.

Maithu Matho, Turner

7.

Anand Mahato, Turner

8.

Y.P. Verman, Turner

9.

Ratan Lal Mahato, Mechanist

10.

Perma Nand Prasad, Mechanist

11.

Hirdya Nand Singh, Mechanist

12.

Muneshwar Mandal, Mechanist

13.

R.K. Yadav, Mechanist

KISHORI RAM, Presiding Officer

ubZ fnYyh] 24 Qjojh] 2014

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2477

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Je U;k;ky;] cSaxyksj ds iapkV ¼lanHkZ lañ 25@2002½ dks izdkf'kr

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[lañ ,y&12011@34@2002&vkbZ vkj ¼ch&II½]

jfo dqekj] vuqHkkx vfèdkjh

New Delhi, the 24th February, 2014

S.O. 944.—In pursuance of Section 17 of the

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

Government hereby publishs the Award Ref. 25/2002 of the

Cent. Govt. Inus. Tribunal-cum-Labour Court, Bangalore

as shown in the Annexure, in the industrial dispute between

the management of Vijaya Bank and their workmen, received

by the Central Government on 24/02/2014.

[No. L-12011/34/2002-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

BANGALORE

Dated

:

21st October, 2013

PRESENT:

SHRI S.N. NAVALGUND,

Presiding Officer

C R No. 25/2002

I Party

II Party

The General Secretary,

The General Manager,

Vijaya Bank Workers

Vijaya Bank,

Organisation, 37/1, I Floor, Car

Head Office, 41/2,

Street, Ulsoor,

M G Road,

BANGALORE-560 008

BANGALORE-560 001

Appearances

I Party

:

Shri S Vittal Shetty

Advocate

II

:

Shri Pradeep S. Sawkar,

Advocate

AWARD

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

34/2002-IR(B-II) dated 24.05.2002 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 management of Vijaya Bank is justified

in terminating the disputants as per list attached from

the services? If not, what relief these workers are

entitled for"

2. After receipt of the reference on registering it in C

R 25/2002 when notices were issued to both the sides they

entered their appearances through their respective

advocates and the General Secretary of the I Party Union

filed his claim statement on 07.08.2002 claiming that though

the workmen covered in the reference have worked as

Temporary Sub-staff for more than 240 days in a year in

different branches they having been terminated without

compliance of the mandatory provisions of Section 25F of

Industrial Dispute Act, they are entitle for reinstatement,

whereas, Deputy General Manager of the II Party filed the

counter statement on 07.06.2004 deny the said claim.

3. After completion of the pleadings when the matter

was posted for the Evidence of the II Party management its

learned advocate while examining 12 witness as MWs 1 to

12 got exhibited Ex-M-1 to Ex M-27 the detailed description

of which are narrated in the annexure. After the evidence of

II Party the I Party Union while filing Application reporting

settlement relating to Sh. R V Raghunath, Sh. J H

Palakamurthy, Sh. Narasimha, Smt. Kasthuri, Shri H. Satish

along with their individual Memo of Reporting Settlement

while restricting the claim only in respect of Sl. No. 2

Sh. Basavarajappa while filing his affidavit examining him

as WW 1 got exhibited Ex-W-1 to ExW-17 the detailed

description of which are narrated in the annexure.

4. After close of the evidence, the learned advocate

appearing for the I Party filed his written arguments whereas

the learned advocate appearing for the II party submitted

his oral arguments. The following citations are referred to

by the learned advocates appearing for I Party and II Party:

Citations on behalf of I Party

1. (2010) 2 SCC 543 - Ramesh Kumar vs. State of

Haryana

2. (2010) 5 SCC 497 - Anoop Sharma vs. Executive

Engineer, Public Health Div. No. 1, Panipat (Haryana)

Citations on behalf of II Party

1. 1999 I LLJ 1027 SC - Municipal Committee, Tauru

vs. Harpal Singh and Another

2. AIR 2006 SC 1806 = 2006 SCC (Vol-4) 1 - Secretary,

State of Karnataka vs. Umadevi

3. 1987 I LLJ 545 (SC) - Union of India & others vs. N

Hargopal & others

4. 1997 FJR (Vol-90) 332 (SC) = AIR 1997 SC 1788 -

State of Haryana & others vs. Jasmer Singh & others

2478

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

5. 2002 (3) SCC 25 = JT 2002 (2) SC 238 - The Range

Forest Officer vs. S T Hadimani

6. 2004 (Vol. 107) FJR 264 (SC) - Rajasthan State Mills

vs. State of Rajasthan

7. AIR 2004 SC 4681 - Municipal Corporation,

Faridabad vs. Siri Niwas

8. 2004 (8) SCC 426 2004 LAB I C 4041 (SC) - MP

Electricity Board. vs. Hariram

9. AIR 1997 SC 3657 - Himanshu Kumar Vidyarthi &

others vs. State of Bihar & others

10. JT 1996 (7) SC 678—Allahabad Bank vs. Shri Prem

Singh

5. Since the claim in respect of five workmen reported

as settled and only the claim in respect of workman at Sl.

No. 2 namely Sh. Basavarajappa persued the points that

arise for my consideration are

Point No. 1: Whether I Party Union proved that Sh.

Basavarajappa worked for 240 days in a year at

Akkipet and K G Road Branches of the II Party before

he was allegedly terminated?

Point No. 2: If yes, to what relief he is entitle to?

6. On appreciation of the pleadings, oral and

documentary evidence brought on record by both the sides

in the light of the arguments put forward by both the learned

advocates appearing for both the sides my finding on Point

No. 1 is in the Negative and Point No. 2 as per final order

for the following

REASONS

7. In view of the settlement in respect of the dispute

relating to five workmen out of the 12 witnesses examined

for the management the evidence of MW 5 and 11 and

exhibits Ex M-14, 15 and 26 series which are relating to the

claim of Sh. Basavarajappa regarding his claim of work at

Akkipet and K G Road Branches of the II Party are relevant.

Since it is the specific case made out in the claim statement

filed by the General Secretary of the I Party Union that Sh.

Basavarajappa worked in Akkipet Branch from 01.01.1996

to 31.12.1996 for 365 days; from 01.01.1997 to 21.08.1997 for

233 days; at K G Road Branch from 24.08.1998 to 23.08.1999

for 365 days; 24.08.1999 to 23.08.2000 for 365 days and

from 24.08.2000 to 16.12.2000 for 115 days, the evidence

tendered by the I Party he having also worked at K R Puram,

Indiranagar, Residency Road, Rajajinagar, Jayanagar

Branches of Bangalore being outside the pleading the same

cannot be taken into consideration as urged by the learned

advocate appearing for the II party. WW 1 in his cross-

examination having categorically admitted that he was

engaged at Akkipet Branch from January 1996 to December

1996 and from January 1997 to 21.08.1997 for a period of

233 days and he has been paid wages in that regard as per

Ex M-15 crediting to his SB Account exract of which has

been produced at Ex M-14 and at K R Puram Branch for 92

days between 28.12.1983 to 28.03.1984. His documentary

evidence produced at Ex W-10 to Ex W-17 also do

corroborate the said admission given by him. Thus, it is

clear that in no academic year he has worked for 240 days

continuously either at Akkipet Branch or K G Road Branch

to fall under Section 25B of ID act. Therefore, the question

of complying the mandatory provision of Section 25F in

his case did not arise at all. In the result, I arrive at conclusion

of answering the Point No. 1 in the Negative.

8. In view of my finding on Point No. 1 Sh.

Basavarajappa workmen at Sl. No. 2 of the schedule is not

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

O R D E R

The reference relating to Sh. Sh. R V Raghunath, Sh.

J H Palakamurthy, Sh. Narasimha, Smt. Kasthuri, Shri.

H Satish is Rejected as Settled out of court and the

reference relating to Sl. No. 2 i.e. Sh. Basavarajappa

is Rejected on Merits holding that the management

of Vijaya Bank is justified in terminating his services

and that he is not entitle for any relief.

Dictated to U D C transcribed by him, corrected and

signed by me on 21st (October 2013)

S.N. NAVALGUND, Presiding Officer

ANNEXURE-I

Witness examined on behalf of Management:

MW 1—Sh. K B Vijaya Kumar, Senior Branch Manager

MW 2—Sh. T. Nazeer Ahmed, Senior Branch Manager

MW 3—Sh. M H Narayanana, Assistant Branch Manager

MW 4—Sh. K Satish Shetty, Senior Branch Manager

MW 5—Sh. Guna Prakash Rao, Manager

MW 6—Sh. Gopala Krishna K, Senior Manager

MW 7—Smt. Subbalakshmi, Assistant Manager

MW 8—Sh. N Dinakara Shetty, Senior Branch Manager

MW 9—Sh. Sushyil Kumar Chand, Senior Branch Manager

MW 10—Sh. N Gunapal Shetty, Senior Branch Manager

MW 11—Sh. A Jaganatha Reddy, Assistant Branch

Manager

MW 12—Sh. J G Fernandes, Assistant Branch Manager

Witnesses examined on behalf of Workman:

WW 1—Basavarajappa, Workman

¹Hkkx II—[k.M 3(ii)º

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2479

Documents exhibited on behalf of the Management:

Ex M-1:

Copy of letter engaging the I Party, Sri J H

Palaksha Murthy, as Temporary Peon at R C

Road Branch

Ex M-2:

True copy of the attendance Sheets from

February 1995 to November 1995

Ex M-3:

True copy of the acquittance roll sheets and

pay bill paid to Sri J H Palaksha Murthy

Ex M-4:

Extract of Bi-partite Settlement with regard to

temporary employees

Ex M-5:

Copy of the Circular No. 30/93 dated 27.03.1993

of II Party

Ex M-6:

Extract true copy of the Debit Vouchers for the

period November 1999 to December 2000

Ex M-7:

Extract true certified copy of the Acquittance

roll of the I Party

Ex M-8:

Extract True certified copy of the SB A/c No.

13670 of I Party

Ex M-9:

Original letter engaging I Party Sri R V

Raghunath, as Temporary Peon at Victoria

Road Branch

Ex M-10:

Original Ledger Sheets of SB A/c No. 1940 of I

Party

Ex M-11:

True copy of the acquittance roll sheets

pertaining to Sri R V Raghunath

Ex M-12:

True copy of the acquittance roll sheets

pertaining to Sri D R Narasimha

Ex M-13:

True ledger sheets of SB A/c No. 000217 of I

Party

Ex M-14:

True copy of ledger sheets of SB A/c No. 97206

to Sri Basavarajappa, KG Road Branch

Ex M-15:

True copy of the acquittance roll sheets

pertaining to Sri Basavarajappa

Ex M-16:

True copy of the acquittance roll sheets

pertaining to Sri B V Raghunath

Ex M-17:

True copy of the ledger sheets of SB A/c No.

50034 of Sri R.V. Raghunath, Vanivilas Road

Branch

Ex M-18:

True copy of the acquittance roll sheets

pertaining to Sri H Satish

Ex M-19:

True copy of the ledger sheets of SB A/c No.

18461 of Sri H Satish, Audugodi Branch

Ex M-20:

True copy of the ledger sheets of SB A/c No. 7

of Sri J H Palaksha Murthy, FTS Branch,

Chickpet Branch

Ex M-21:

True copy of acquittance roll sheets pertaining

to Sri J H Palaksha Murthy, FTS Branch,

Chickpet Branch

Ex M-22:

Copy of letter engaging I Party Smt. K Kasturi

as Temporary Peon at DAO Branch

Ex M-23:

True copy of the ledger sheets of SB A/c No.

21246 of Smt. K Kasturi, DAO Branch

Ex M-24:

True copy of the acquittance roll sheets

pertaining to Smt. K Kasturi, DAO Branch

Ex M-25:

True copy of the acquittance roll sheets

pertaining to Sri H Satish, N R Road Branch

Ex M-26:

True copy of the acquittance roll sheets

pertaining to Sri Basavarajappa, Akkipet Branch

Ex M-27:

True copy of the acquittance roll sheets

pertaining to Sri H Satish, Ulsoor Branch

Documents exhibited on behalf of the I party

Ex M-1:

Copy of letter dated 28.02.2001 adressed to

ALC (C), Bangalore

Ex M-2:

Original letter dated 20.04.1989 issued by the

K R Puram, Bangalore

Ex M-3:

Original letter dated 15.02.1995 issued by the

Zonal Office, Bangalore

Ex M-4:

Self attested copy of letter dated 15.04.1995,

issued by the Zonal Office, Bangalore

Ex M-5:

Original salary voucher for the month of May

1995 issued by K R Puram Branch

Ex M-6:

Original letter dated 23.06.1995 issued by K R

Puram Branch

Ex M-7:

Self attested copy of letter dated 04.07.1995 of

Indiranagar Branch

Ex M-8:

Self attested copy of letter dated 30.03.1998 of

Residency Road Branch

Ex M-9:

Original Letter dated 27.12.1995 of Zonal Office,

Bangalore

Ex M-10:

Self attested SB A/c statement of Akkipet

Branch from 09.07.1996 to 07.08.1997

Ex M-11:

Copy of Bonus calculation sheet issued by

Akkipet Branch

Ex M-12:

Self attested copy of letter dated 09.08.1996

issued by Akkipet Branch

Ex M-13:

Self Attested copy of letter dated 30.10.1996

issued by Akkipet Branch

Ex M-14:

Self Attested copy of letter dated 21.08.1997

issued by Akkipet Branch

2480

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

Ex M-15:

Self Attested copy of letter dated 16.03.1998

issued by Akkipet Branch

Ex M-16:

Original Certificate dated 02.11.2007 issued by

K G Road, Bangalore

Ex M-17:

Self Attested copy of letter dated 08.05.1999,

K G Road Branch

S. N. NAVALGUND, Presiding Officer

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New Delhi, the 24th February, 2014

S.O. 945.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. No. 188/2012)

of the Central Government Industrial Tribunal/Labour Court

No. 1, Delhi now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of The Superintendent, Archaeological Survey

of India and their workmen, which was received by the

Central Government on 21/02/2014.

[No. L-42012/69/2012-IR(DU)]

P.K. VENUGOPAL, Section Officer

ANNEXURE

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

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

No.1, KARKARDOOMA COURTS COMPLEX, DELHI

ID. No.188/2012

Sh.Bhim Singh and Sh. Madan Lal through

The General Secretary,

All India CPWD (MRM) Karamchari

Sangathan (Regd.), 4823,

Balbir Nagar Extension,

Gali No.13, Shahadra,

Delhi-110032

...Workman

Versus

The Superintendent,

Archaeological Survey of India,

Delhi Circle, Safdarjung Tomb,

New Delhi-110003.

…Management

AWARD

Archeological Survey of India (hereinafter referred

to as the management) engages casual labour on need

basis for removal of vegetation growth, maintenance,

special repair environmental development work,

conservation and preservation of historical monuments,

archeological sites and remains of national importance

Casual labours was engaged by the management belonging

to trades like, beldars, coolies, bandhani, mistry, bhisti,

stone cutter, mason etc., Wages of such casual labours are

paid as per minimum wages, notified from time to time by

the appropriate Government Shri Bhim Singh and Shri

Madan Lal were engaged as casual labour by the

management. Their services were availed for considerable

long period. When they allegedly claimed enhancement of

their wages, their services were dispensed with in February

2010. They raised a demand for reinstatement in service

but to no avail. Resultantly, dispute was raised on their

behalf before the Conciliation Officer. Since management

contested their claim, conciliation proceedings ended into

a failure. On consideration of failure report, submitted by

the Conciliation Officer, the appropriate Government

referred the dispute to this Tribunal for adjudication vide

order No. L-42012/69/2012-IR(DU), New Delhi dated

07.12.2012, with following terms:—

"Whether the action of the management of

Archeological Survey of India in terminating from

employment the workmen, S/Shri Bhim Singh and

Madan Lal with effect from 28.03.2010, is illegal and

unjustified and if yes, what relief the said workmen

are entitled to?"

2. Claim statement was filed by Shri Bhim Singh and

Shri Madan Lal pleading therein that they were engaged

by the management on muster roll with effect from 03.12.1994

and 22.08.2002 respectively. No appointment letter, wage

slips or wage card etc. were issued in their favour. They

have worked for more than 240 days in every calendar year

Regular employees of their category are paid wages by the

management according to regular scales of pay, while they

are paid only minimum wages. Temporary status has not

been granted to them. Though seniority list is being

maintained by the management, yet the same has not been

circulated to them. On 11.05.2009. directions were issued

by the management to the effect that casual labours would

be paid @ 1/30th of the pay at minimum of relevant pay

scale plus dearness allowance for work of 8 hours a day.

Pursuant to the said directions, they became entitled for

payment of wages in consonance with regular scales of

pay. When such a request was made by them, their services

were dispensed with abruptly on 28.03.2010. No notice or

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2481

pay in lieu thereof and retrenchment compensation was

paid to them. They requested the management to reinstate

their service with continuity and full back wages but to no

avail. They are entitled to reinstatement in service with

continuity and full back wages, besides other consequential

benefits, plead the claimants.

3. Claim was demurred by the management pleading

that it is a scientific and technological institution set up by

Government of India. It discharges duties of preservation

and conservation of historical monuments, archeological

sites and remains, declared to be of national importance

under the Ancient Monuments and Archeological Sites

and Remains Act 1958 and the Antiquities and Art Treasures

Act, 1972. Functions performed by the management are

sovereign functions, hence it is not an industry within the

meaning of provisions contained in the Industrial Disputes

Act, 1947 (in short the Act). The management protects 160

monuments situated all over Delhi with the help of its regular

employees. For casual jobs of removing vegetation growth,

conservation, preservation, maintenance, special repairs

and environmental developmental work etc., it engages

casual labours. Since sovereign functions are performed

by the management, provisions of the Act would not come

in to operation even for casual labour so engaged.

4. The management presents that Shri Bhim Singh

and Shri Madan Lal were engaged as casual labours for

temporary nature of cleaning work. It has been disputed

that Shri Bhim Singh was engaged as casual labour since

1994. He was engaged for periodical work between October

2001 to December 2004. Shri Madan Lal was also engaged

as a casual labour for sporadic nature of work for some

specified duration. They had not completed 240 days of

continuous service. Since as per their own claim, they were

engaged on 03.12.1994 and 22.08.2002, hence they are not

entitled for grant of temporary status, pursuant to scheme

formulated in that regard on 10.09.1993. Seniority list for

casual labours is being prepared and circulated from time

to time. Since claimants were engaged for periodical work,

their names were net included in the seniority list so

circulated. Work assigned to them was of temporary nature,

hence their services were disengaged on completion of

specific item of work. Certificates, obtained by the

claimants, were issued by officers not competent to issue

such certificates Claimants have no case for reinstatement

in service. Their claim may be dismissed, pleads the

management.

5. On perusal of pleadings following issues were

settled:

(1) Whether management is not an industry within

the meaning of Section 2(j) of the Industrial

Disputes Act, 1947?

(2) Whether claimants have rendered continuous

service of 240 days, in preceding 12 months, from

the date of termination of their services?

(3) As in terms of reference.

6. Claimants have examined themselves in support

of their claim Shri R.K. Jhingan entered the witness box to

fend facts on behalf of the management. No other witness

was examined by either of the parties.

7. Arguments were heard at the bar Shri Satish Kumar

Sharma, authorized representative, advanced arguments

on behalf of the claimants. Ms. Avtar Kaur Dhingra,

authorized representative, presented facts on behalf of the

management I have given my careful considerations to

arguments advanced at the bar and cautiously perused the

record. My findings on issues involved in the controversy

are as follows:—

Issue No. 1

8. At the outset, Ms. Dhingra argued that the

management is not an industry within the meaning of clause

2(j) of the Act. She presents that the management is a

department under the Ministry of Culture, Government of

India, New Delhi. It is a scientific and technological

institution established by the Government of India, vide

notification No.A-36016/2/89/Estt. dated 27.10.1989. The

management discharges duties of preservation and

conservation of ancient and historical monuments, hence

it is not an industry. Contentions advanced by Ms. Dhingra

are repelled by Shri Sharma. He argued that the activities

undertaken by the management fall within all four corners

of the definition of industry, as enacted by section 2(j) of

the Act.

9. When a claim is made by the management that it is

not an industry within the meaning of clause (j) of section

2 of the Act, it becomes expedient to consider the term

'industry', Definition of term 'Industry', as enacted by

section 2(j) of the Act, is extracted thus:

"industry, means any business, trade, undertaking,

manufacture or calling of employers and includes

any calling, service, employment, handicraft, or

industrial occupation or avocation of workmen."

10. The definition of term "industry" is both

exhaustive and inclusive. It is in two parts. The first part

says that it "means any business, trade, undertaking,

manufacture or calling of employers" and then goes to say

that it "includes any calling, service, employment, handicraft

or industrial occupation or avocation of workman." Thus

one part defined it from the stand point of the employer,

and the other part from the stand point of the employees.

The first part of the definition gives the statutory meaning

of the industry, whereas the second part deliberately refers

to several other items of industry and bring them in the

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THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

definition in an inclusive way. The first part of the definition

determines any industry by reference to occupation of

employers in respect of certain activities viz., business,

trade, undertaking, manufacture or calling. The second part

views the matter from the angle of employees and is

designed to include something more in what the term

primarily denotes. By this part of the definition any calling,

employment, handicraft, industrial occupation or avocation

of workmen is included in the concept of industry. This

part gives extended connotation.

11. Gloss was put on the definition of word ''industry"

by the High Courts and the Apex Court time and again. The

question as to what is "industry" has continuously baffled

and perplexed the courts, A graph of the cases decided by

the Apex Court, if plotted on the background of the

expression used in two parts of the definition of "industry",

would represent rather a zig zag curve. There have been

various judicial ventures in this rather volatile area of law.

The decided cases show that the efforts were made to

evolve test by reference to characteristics regarded as

essential for constituting an activity as an "industry".

Various cases would show that the Apex Court has been

guided more by empirical rather than a strictly analytical

approach. Most of the decisions have centered around the

expression "undertaking" used in the definition. In

Bangalore Water Supply and Sewerage Board ( 1978 Lab.

I.C. 778) the Apex Court reviewed the earlier decisions on

interpretation of the wide words encompassed in the

definition and formulated positive and negative principles

for identifying "industry"' as enacted by clause (j) of section

2 of the Act. It would be expedient to reproduce the

authoritative pronouncement of the Court, in the very words

set out in the majority decision, handed down by Justice

Krishna lyer, which are extracted thus:

"1. "Industry" as defined in S.2(j) and explained in

Banerjee (AIR 1953 S.C. 58) has a wide import.

(a) Where (i) systematic activity, (ii) organized by

co-operation between employer and employee

(the direct and substantial element is chimerical)

(iii) for the production and /or distribution of

goods and services calculated to satisfy

human wants and wishes (not spiritual or

religious but inclusive of material things or

services geared to celestial bliss i.e. making,

on a large scale prasad or foods) prima facie,

there is an "industry" in that enterprise.

(b) Absence of profit motive or gainful objective

is irrelevant, be the venture in the public, joint,

private or other sector,

(c) The true focus is functional and the decisive

test is the nature of the activity with special

emphasis on the employer-employee relations.

(d) If the organization is a trade or business it does

not cease to be one because of philanthropy

animating the undertaking.

II. Although section 2(j) uses words of the widest

amplitude in its two limbs, the re-meaning cannot

be magnified to overreach itself.

(a) "Undertaking" must suffer a contextual and

associational shrinkage as explained in

Banerjee and in this judgement, so also,

service, calling and the like. This yields the

inference that all organized activity possessing

the triple elements in 1 (supra), although not

trade or business, may still be 'industry'

provided the nature of activity, viz. the

employer-employee basis, bears resemblance

to what we find in trade or business. This takes

into the fold 'industry' undertaking, calling and

services, adventures, "analogous to the

carrying on the trade or business". All

features, other than the methodology of

carrying on the activity viz in organizing the

co-operation between employer and employee,

may be dissimilar. It does not matter, if on the

employment terms there is analogy.

III. Application of these guidelines should not stop

short of their logical reach by invocation of creeds,

cults or inner sense of incongruity or outer sense

of motivation for or resultant of the economic

operations. The ideology of the Act being

industrial peace, regulation and resolution of

industrial disputes between employer and

workmen, the range of their statutory ideology

must inform the reach of the statutory definition.

Nothing less, nothing more.

(a) The consequences are (i) profession, (ii) clubs

(iii) education institutions, (iv) co-operatives

(v) research institutes, (vi) charitable projects

and (vii) other kindered adventures, if they fulfil

the triple tests listed in 1 (supra), cannot be

exempted from the scope of section 2(j).

(b) A restricted category of professions, clubs,

co-operatives and even gurukulas and little

research labs may qualify for exemption if they

are simple ventures, substantially, and going

by the dominant nature criterion, substantively

no employees are entertained but in menial

matters and marginal employees are hired

without destroying the non employee character

of the unit.

(c) If, in a pious or altruistic mission, many employ

themselves, free or for small honoraria or like

return, mainly drawn by sharing in the purpose

or cause, such as lawyers volunteering to run

¹Hkkx II—[k.M 3(ii)º

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2483

a free legal services clinic or doctors serving

in their spare hours in a free medical centre or

ashramites working at the bidding of the

holiness, divinity or like central personality,

and the services are supplied free or at nominal

cost and those who serve are not engaged for

remuneration or on the basis of master and

servant relationship, then, the institution is not

an industry even if stray servants, manual or

technical, are hired. Such eleemosynary or like

undertakings alone are exempt not other

generosity, compassion, developmental

passion or project.

IV. The dominant nature test:

(a) Where a complex of activities, some of which

qualify for exemption, other not, involves

employees on the total undertaking, some of

whom are not "workmen" as in the University

of Delhi case (AIR 1963 S.C.1873) or some

departments are not productive of goods and

services if isolated, even then, the predominant

nature of, the services and the integrated

nature of the departments as explained in the

Corporation of Nagpur (AIR 1960 S.C.675) will

be the true test. The whole undertaking will be

industry although those who are not

"workmen" by definition may not benefit by

the status.

(b) Notwithstanding the previous clauses,

sovereign functions, strictly understood

(alone) qualify for exemption, not the welfare

activities or economic adventures undertaking

by govt. or statutory bodies.

(c) Even in department discharging sovereign

functions, if there are units which are industries

and they are substantially severable, then they

can be considered to come within S.2(j)

(d) Constitutional and competently enacted

legislative provisions may remove from the

scope of the Act categories which otherwise

may be covered thereby.

V. We overrule Safdarjung (AIR 1970 S.C.1407),

Solicitors case (AIR 1962 S.C 1080), Gymkhana

(AIR 1968, S.C. 554) Delhi University (AIR 1963

S.C.1873), Dhanraj Giriji Hospital (AIR 1975 SC

2032) and other rulings whose ratio runs counter

to the principles enunciated above, and the

Hospital Mazdoor Sabha (AIR 1960 SC 610) is

hereby rehabilitated."

12. Principles laid down in Bangalore Water Supply

& Sewerage Board (supra) hold ground. Therefore, the

controversy raised will be adjudicated in view of the law

laid by the Apex Court in the precedent referred above.

The management agitates that it is not an industry. The

view point held by the management is that no profit motive

activities are being carried on by it. No business is being

run. hence the management cannot be termed as an

'industry'. Except the facts referred above, the management

nowhere projects any other factors to lay emphasis on the

fact that it is not an 'industry'.

13. In Ahmedabad Textile Industry's Research

Association [1960 (2) LLJ 720], the Association was

established to carry on research with respect to the textile

industry with a view to secure greater efficiency,

rationalization and reduction of cost, which were "material

services" to the textile industry hence the Association was

held to fall within the ambit of definition of industry. But in

Safdarjung Hospital case (supra) it was not held to be an

industry because it was a non-profit making body and its

work was in the nature of training, research and treatment.

In Indian Standard Institute [1966 (1) LLJ 33] the Apex

Court suggested that in order to be recognized as an

undertaking analogous to trade or business, the activity

must be an economical activity in the sense that it is

productive of material goods or material services. In

Bangalore Water Supply and Sewerage Board (supra), the

Apex Court laid down that an activity systematically or

habitually undertaken for production or distribution of

goods for rendering material services to the community at

large or a part of such community with the help of employees

is an undertaking. An 'industry' thus was said to involve

cooperation between the employer and employees for the

object of satisfying material human needs but not for

oneself nor for pleasure nor necessity for profit. Lack of

business and profit motive or capital investment would

not take out an activity from the sweep of 'industry', if

other conditions are satisfied. It is the activity in question

which attracts the definition and absence of investment of

any capital or the fact that the activity is conducted for

profit motive or not, would not make material difference.

Conversely mere existence of profit motive will not

necessarily convert the activity into 'industry' if other tests

are not satisfied.

14. Ms. Dhingra argued that the management carries

out sovereign functions hence it cannot be termed as an

industry. Therefore, it is expedient to know as to what are

regal and sovereign functions of the State which may

qualify for exemption from the ambit of the definition of

word "industry"? Regal powers of the State has acquired a

definite connotation, which can be described as

"administration of justice, maintenance of order, repression

of crime, security of borders from external aggression and

legislative powers, as among the primary and inalienable

functions of a Constitutional Government". In Corporation

of City of Nagpur [1960 (1) LLJ 523] the Apex Court observed

that it could not have been in contemplation of the legislature

to bring in the regal functions of the State within the

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[PART II—SEC. 3(ii)]

definition of "industry" and to confer jurisdiction on

Industrial Tribunal to decide disputes in respect thereof.

The activities of the Government which can be properly

described as regal or sovereign activities, are therefore,

outside the scope of industry. In Hospital Mazdoor Sabha

[1960 (1) LLJ 251] the Supreme Court adumberated the test:

can such activity be carried on by a private individual or

group of individuals? The answer to this is : if a business

or activity could not be carried on by a private individual

or group of individuals, it could not be an industry, while if

it could be, it might fall within the scope of "industry".

This test was reiterated in Corporation of City of Nagpur

(supra) but rejected in Gymkhana Club [1967 (II) LLJ 720].

In Bangalore Water Supply and Sewerage Board (supra)

the Apex Court observed "*** sovereign functions, strictly

understood, (alone) qualify for exemption, not the welfare

activities or economic adventures undertaken by

Government or statutory bodies. Even in departments

discharging sovereign functions, if there are units, which

are "industry" and they are substantially severable, they

can be considered to come within section 2(j)". In Chief

Conservator of Forests [1996 (1) LLJ 1223] the above

proposition was reiterated where in it was observed "***

even within the wider circle of sovereign function, there

may be an inner circle encompassing some units which

could be considered as "industry", if substantially

severable".

15. In Physical Research Laboratory [1997 (2) LLJ

625] the Apex Court held that the Physical Research

Laboratory is not an 'industry' because it is not engaged in

an activity which can neither be called business, trade or

manufacturing nor it is an undertaking analogous to

business or trade. It is not engaged in commercial or

industrial activity and cannot be described as an economic

venture or commercial enterprise as it is not its objective to

produce and discharge services which would satisfy wants

and needs of consumer community, it is not rendering any

services to others. It is engaged in pure research in space

science.

16. While reaching the conclusion, referred above,

the Apex Court relied observations made in Bangalore

Water Supply and Sewerage Board (supra) with respect to

research institutes, which observations are extracted thus:

"Does research involve collaboration between

employer and employee ? It does. The employer is

the institution, the employees are the scientists, para-

scientists and other personnel. Is scientific research

service? Undoubtedly it is. Its discoveries are

valuable contributions to the wealth of the nation.

Such discoveries may be sold for a heavy price in

the industrial or other markets. Technology has to

be paid for and technological inventions and

innovations may be patented and sold. In our

scientific and technological age nothing has more

cash value, as intangible goods and invaluable

services, than discoveries. For instance, the

discoveries of Thomas Alva Edison made him

fabulously rich. It has been said that his brain had

the highest cash value in history for he made the

world vibrate with the miraculous discovery of

recorded sound. Unlike most inventors, he did not

have to wait to get his reward in heaven; he received

it munificently on this gratified and grateful earth,

thanks to conversion of his inventions into money a

plenty. Research benefits industry. Even though a

research institute may be a separate entity

disconnected from the many industries which funded

the institute itself, it can be regarded as an

Organisation, propelled by systematic activity,

modelled on co-operation between employer and

employee and calculated to throw up discoveries

and inventions and useful solutions which benefit

individual industries and the nation in terms of goods

and services and wealth. It follows that research

institutes, albeit run without profit-motive, are

industries".

17. In the light of above propositions, facts of present

controversy are to be scanned. As claimed by the

management, it performs sovereign functions of

preservation and conservation of ancient and historical

monuments, archeological sites and remains declared to

be of national importance under Ancient Monuments and

Archeological Sites and Remains Act 1958 and the

Antiquities and Art Treasures Act, 1972. As claimed by the

management, in Delhi Circle there are 160 monuments spread

all over the metropolis city, such as forts, mosques, tombs,

pillars, hauzes, wells, walls, remains, rock inscriptions,

cemeteries, temples, gardens etc. declared to be of national

importance under the Ancient Monuments and

Archeological Sites and Remains Act. 1958 and the

Antiquities and Art Treasure Act. 1972. Aforesaid

monuments are preserved and conserved by the

management with the help of its regular employees. Besides

its regular employees, the management also engages casual

labours on need basis for removal of vegetation growth,

conservation, preservation, maintenance, special repairs

and environmental developmental work in respect of sites,

referred above. Question which needs attention is as to

whether functions of preservation and conservation of

monuments of national importance can be termed as

sovereign or regal functions. I am afraid that submissions

made by Ms. Dhingra have any force. Functions, which

are being carried on by the management are welfare

activities undertaken to preserve historical monuments. In

its welfare activities, State undertakes to preserve and

conserve historical sites, and remains, to educate its subject

in that regard Thai act would not fall within the ambit of

administration of justice, maintenance of order, repression

of crime, security of borders from external aggression and

¹Hkkx II—[k.M 3(ii)º

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2485

legislative powers of the State, On the otherhand, the

management renders service to the community to satisfy

their wishes to know about the history and historical

monuments. Therefore, aforesaid activities cannot be

described as regal or sovereign functions, since such

activities could be carried out by private individuals or

group of individuals.

18. Even in departments discharging sovereign

functions, there may be units, which are "industry" and

they are substantially severable, they can be considered

to come within section 2(j) of the Act. As projected by Ms.

Dhingra, the management carries out functions of

preservation and conservation of ancient and historical

monuments, archeological sites and remains declared to

be of national importance under the Ancient Monuments

and Archeological Sites and Remains Act 1958 and the

Antiquities and Art Treasures Act, 1972. Functions of

preservation and conservation of ancient monuments

cannot be termed as sovereign functions by any stretch of

imagination. Even otherwise, the unit where casual labours

are engaged by the management to carry out is

substantially severable from other department of the

management. It is further evident that there is hardly any

activity performed by the management which a private

entrepreneur cannot carry out. Resultantly, it emerges over

the record that activities carried on by the management

cannot be termed as regal.

19. The management carries out its functions with

co-operation between it and its casual employees.

Activities performed by the management are systematic

one. It renders services to the community at large to satisfy

human wants. Lack of business or profit motive or capital

investment would not take out attributes of the

management from the sweep of industry, if other conditions

are satisfied. These facts make me to comment that triple

test, referred above, stood satisfied and activities of the

management fall within the ambit of industry, as defined

under section 2(j) of the Act. Objections raised by the

management is brushed aside on that count. The issue is,

therefore, answered in favour of the claimant and against

the management.

Issue No. 2

20. In order to discharge onus resting on them,

claimants namely, Shri Bhim Singh and Shri Madan Lal

tendered their affidavits Ex.WW1/A and Ex. WW2/A

respectively as evidence. In affidavit Ex. WW1/A, Shri Bhim

Singh swears that he was engaged as safai karamchari at

Old Fort on 03.12.1994. He was engaged by Shri Jhingan,

Conservation Assistant, Archeological Survey of India.

He worked under Shri Jhingan upto October 1998.

Thereafter, he was orally transferred to museum at Old Fort

where he worked under Ms. Sunita Tevatia. He worked

under her till December 2000. He was again transferred by

oral order to Humayun Tomb where he worked under

Shri Jhingan upto December 2004 in January 2005, his

services were taken at Jantar Mantar under Hari Singh Negi.

He worked there till December 2005. In January 2006, his

services were availed at Old Fort where he worked till

27.03.2010.

21. In affidavit Ex. WW2/A filed as evidence, Shri

Madan Lal details that he was engaged by the management

on 22.08.2002. He worked at Safdarjung Madrasa till

13.08.2003. From 14.08.2003 to 31.12.2003, his services were

availed at Old Fort. Thereafter, he was made to work from

01.01.2004 to 31.08.2004 at Humayun Tomb, New Delhi. His

services were availed at Old Fort from 01.09.2007 to

27.03.2010. His service was orally dispensed with on

28.03.2010.

22. Shri R.K. Jhingan deposed that Shri Bhim Singh

had worked under him in the year 2004. According to him,

Shri Bhim Singh worked for about 200 days in that year.

Certificate Ex. WW1/1 was issued by him in favour of Shri

Bhim Singh, wherein it has been mentioned that he had

continuously worked under him for a period of three years.

He feigned ignorance on the proposition as to whether

Shri Bhim Singh was working with the management since

1994.

23. Question for consideration would be as to

whether ocular facts, unfolded by the claimants in affidavit

Ex. WW1/A and Ex. WW2/A would be sufficient to prove

that they continuously worked with the management for a

period of 240 days in a calendar year. In Range Forest

Officer (2002 LLR 339), it has been ruled that the workman

had to lead evidence to show that in fact he had worked for

240 days in the year preceding his termination. Mere filing

of affidavit cannot be regarded as sufficient evidence for

any Court or Tribunal to come to a conclusion that the

workman had, in fact, worked for 240 days in a year.

24. In Essen Deinki [2003 SC (L&S) 113], Apex Court

ruled that in support of ocular facts, workman is under an

obligation to produce some document to substantiate his

claim of rendering continuous service of 240 days with his

employer. Observations made by the Apex Court are

extracted thus:

''Completion of 240 days is to be in the year preceding

termination of the workman to avail benefit under

section 25F read with section 2B of the Act. Burden

to prove that the workman has rendered service for

240 days in a year lies upon the workman when such

claim is denied by the employer. No proof of receipt

of salary or wages for 240 days or order or record of

appointment or engagement for this period was

produced by the workman. It is for the claimant to

lead evidence and show that he had in fact worked

for 240 days in the year preceding his termination.

Law, being well settled, and provisions of law are

also very clear in that regard, question of

interpretation of provisions of law in the manner

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THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

proposed by learned advocate for the respondent,

does not arise at all. In that respect, it is immaterial

whether the statute is beneficial legislation to the

labour or not."

25. In R.M. Yelati [2006(1) SCC 106] same proposition

of law was laid by the Apex Court. It was ruled therein that

mere filing of affidavit or self serving statement made by

the claimant will not suffice to discharge burden of proof

of serving the employer for a period of 240 days in a given

year. For sake of convenience, observations made by the

Apex Court are extracted thus:

''Analyzing the above decisions of this Court, it is

clear that the provisions of the Evidence Act in terms

do not apply to the proceedings under section 10 of

the Industrial Disputes Act. However, applying

general principles and on reading the afore-stated

judgments, we find that this Court has repeatedly

taken the view that the burden of proof is on the

claimant to show that he had worked for 240 days in

a given year. This burden is discharged only upon

the workman stepping in the witness box. This

burden is discharged upon the workman adducing

cogent evidence, both oral and documentary. In

cases of termination of services of daily waged earner,

there will be no letter of appointment or termination.

There will also be no receipt or proof of payment.

Thus in most cases, the workman can only call upon

the employer to produce before the court the nominal

muster roll for the given period, the letter of

appointment or termination, if any, the wage register,

the attendance register etc. Drawing of adverse

inference ultimately would depend thereafter on facts

of each case. The above decisions however make it

clear that mere affidavits or self-serving statements

made by the claimant/workman will not suffice in the

matter of discharge of the burden placed by law on

the workman to prove that he had worked for 240

days in a given year. The above judgments further

lay down that mere non-production of muster rolls

per se without any plea of suppression by the

claimant workman will not be the ground for the

Tribunal to draw an adverse inference against the

management. Lastly, the above judgments lay down

the basic principle, namely, that the High Court under

Article 226 of the Constitution will not interfere with

the concurrent findings of fact recorded by the

labour court unless they are perverse. This exercise

will depend upon facts of each case."

The above proposition was again reiterated in

recent judgements in Shyamal Bhowmik [2006(1) SCC 337],

Sham Lal [2006 VI AD (SC)1] and Gangaben Laljibhai and

others [2006 VI AD (SC) 31].

26. In the light of law laid above, it would be taken

note of as to whether Shri Bhim Singh and Shri Madan Lal

had been able to discharge onus resting on them. Shri

Bhim Singh places reliance on experience certificate issued

by Shri R.K. Jhingan, which has been proved as Ex. WW1/

1. Ex. WW1/1 brings to light that Shri Jhingan certifies that

Shri Bhim Singh was working with the management as daily

wager sweeper for the last three years, Ex. WW1/1 was

issued by Shri Jhingan on 01.07.2004. When perused,

contents of Ex. WWI/1 give reaffirmation to the facts

unfolded by Shri Bhim Singh in his affidavit Ex. WW1/A.

27. Shri Madan Lal projects that he was engaged by

the management for the first time on 22.08.2002. He initially

worked at Safdarjung Tomb, thereafter at Old Fort, Hurnayun

Tomb and was again transferred to Safdarjung Tomb. He

lastly worked at Old Fort, from where his services were

dispensed with. To have support, he places reliance on

certificate Ex.WW2/1 issued by Shri J.M. Thapar wherein

it has been certified that Shri Madan Lal was employed as

a daily wager at Safdarjung Tomb, New Delhi. Ex. WW2/1

has been issued on 15.12.2006. He has also relied on letter

Ex. WW2/4 on the strength of which his representation Ex.

WW2/2 was sent by Deputy Director (Accounts),

Archaeological Survey of India, New Delhi to

Superintending Archeologist for submission of report in

the matter. Ex. WW2/2 highlights that Shri Madan Lal as

working with the management since long and his services

were abruptly terminated on 28.03.2010. Authenticity and

genuineness of Ex. WW2/2 and Ex. WW2/4 were not

questioned by the management. Therefore, these

documents give support to facts unfolded by Shri Madan

Lal. Resultantly, it is crystal clear that ocular facts, detailed

by Shri Madan Lal and Shri Bhim Singh get support from

documentary evidence, referred above.

28. An employer may discharge a portion of his labour

force as surplusage in a running or continuing business

for variety of reasons, e.g., for economy, convenience,

rationalization in industry, installation of a new labour saving

machinery etc. The Act defines "termination by the

employer of the service of a workman for any reasons

whatsoever", except the categories exempted in sub-

section 2(oo), to be retrenchment. The definition of the

term "retrenchment", as enacted by the Act, is extracted

thus:

"(oo) "retrenchment" means the termination by the

employer of the services of a workman for any

reason whatsoever, otherwise than as a

punishment inflicted by way of disciplinary action,

but does not include—

(a) voluntary retirement of the workman; or

(b) retirement of the workman on reaching the age of

superannuation if the contract of employment

between the employer and the workman

concerned contains a stipulation in that behalf;

or

¹Hkkx II—[k.M 3(ii)º

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2487

(bb) termination of the services of the workman as a

result of the non-renewal of the contract of

employment between the employer and the

workman concerned on its expiry or of such

contract being terminated under a stipulation in

that behalf contained therein; or

(c) termination of the services of a workman on the

ground of continued ill-health".

29. Definition of retrenchment is very wide and in

two parts. The first part is exhaustive, which lays down

that retrenchment means the termination of the service of a

workman by the employer "for any reason whatsoever"

otherwise then as a punishment inflicted by way of

disciplinary action. Thus main part of the definition itself

excludes the termination of service, as a measure of

punishment inflicted by way of disciplinary action from

the ambit of retrenchment. The second part further excludes

(i) voluntary retirement of the workman, or (ii) retirement of

workman on reaching the age of superannuation, or (iii)

termination of the service of a workman as a result of non-

renewal of contract of employment, or (iv) termination of

contract of employment in terms of a stipulation contained

in the contract of employment in that behalf, or (v)

termination of service on the ground of continued ill health

of the workman. Reference can be made to the precedents

in Avon Services (Production Agencies) (Pvt.) Ltd. [1979

(I) LLJ 1] and Mahabir [1979 (II) LLJ 363].

30. Section 25F of The Act lays down conditions

pre-requisite to retrenchment, which are as follows:

(i) There should be one month's notice in writing to

the workman concerned.

(ii) The notice should specify the reasons for

retrenchment.

(iii) The period of one month's notice should have

expired before retrenchment is enforced, or the

workman has been paid in lieu of such notice the

wages for the period.

(iv) The workman has been paid retrenchment

compensation which should be equivalent to 15

days' average pay for every one years' service or

any part thereof provided it exceeds six months.

(v) The notice is also given to the appropriate

Government.

31. For seeking protection under section 25-F of the

Act an employee should be in continuous service under

an employer for not less than one year. Continuous service

for a period of one year may include period of interruption

on account of sickness or authorized leave or accident or

strike, which is not illegal or lockout or cessation of work

which is not due to any fault on the part of the workmen, as

enacted by provisions of sub-section (1) of section 25B of

the Act. Sub-section (2) of the said section introduces a

fiction to the effect that even if a workman is not in

"continuous service" within the meaning of clause (1) for a

period of one year or six months, he shall be deemed to in

continuous service for that period under an employer if he

has actually worked for the days specified in clauses (a)

and (b) thereof. In Vijay Kumar Majoo (1968 Lab.l.C.1180) it

was held that one year's period contemplated by sub-section

(2) furnished a unit of measure and if during that unit of

measure the period of service actually rendered by the

workman is 240 days, then he can be considered to have

rendered one year's continuous service for the purpose of

the section. The idea is that if within a unit period of one

year a person had put in at least 240 days of service, then

he must get the benefit conferred by the Act, Consequently,

an enquiry has to be made to find out whether the workman

actually worked for not less than 240 days during the period

of 12 calendar months immediately preceding the

retrenchment.

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

Court announced that when a workman renders continuous

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

is deemed to have completed one years' service in the

industry. It would be expedient to reproduce/observations

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

thus:

"Under Section 25-B a workman who during the

period of 12 calendar months has actually worked in

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

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

Consequently an enquiry has to be made to find out

whether the workman had actually worked for not

less than. 240 days during period of 12 calendar

months immediately preceding the retrenchment.

These provisions of law do not show that a workman

after satisfying the test under Section 25-B has further

to show that he has worked during all the period he

has been in the service of the employer for 240 days

in the year".

33. Interruption of service occurred during the

course of job has to be included in uninterrupted services.

Fiction under section 25-B of the Act will operate if workmen

has actually worked for 240 days in a calendar year. The

explanation appended to section 25-B of the Act

specifically includes the days on which workman was laid

off under an agreement or he has been on leave with full

wages, or he has been absent due to temporary disablement

caused by accident arising out of and in the course of his

employment and in the case of a female, maternity leave,

under the expression 'actually worked' used under sub-

section (2) of section 25-B of the Act, Question for

consideration would be as to whether the words 'actually

worked' would not include holidays, Sundays and

Saturdays for which full wages are paid. The Apex Court

2488

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

was confronted with such a proposition in American Express

Banking Corporation [1985 (2) LLJ 539], wherein it was

ruled that the expression 'actually worked under the

employer', cannot mean those days only when the workman

worked with hammer, sickle or pen, but must necessarily

comprehend all those days during which he was in the

employment of the employer and for which he had been

paid wages either under express or implied contract of

service or by compulsion of statute, standing orders etc.

The Court ruled that Sundays and other holidays, would

be comprehended in the words 'actually worked' and it

countenanced the contention of the employer that only

days which are mentioned in the explanation should be

taken into account for the purpose of calculating the number

of days on which the workman had actually worked though

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

observed that the explanation is only clarificatory, as all

explanations are, and cannot be used to limit the expanse

of the main provision. Precedent in Lalappa Lingappa [1981

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

referred above. The precedent was followed in Standard

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

crystal clear from the law laid above that Sundays and

holidays shall be included in computing continuous service

under section 25-B of the Act.

34. The Tribunal is saddled with the responsibility to

scrutinize facts adduced by the parties in order to ascertain

as to whether the claimants have rendered continuous

service of 240 days in any calendar year. As projected above,

Shri Bhim Singh claims that he was serving the management

since 03.12.1994 and rendered continuous service of 240

days in every calendar year, which fact is substantiated by

certificate Ex.WWl/1. In the same manner, Shri Madan Lal

claims to have rendered continuous service with the

management since 22.08.2002. His continuous service with

the management creep out of certificate Ex.WW2/1 issued

by Shri J.M. Thapar on 15.12.2006. Furthermore, contents

of Ex. WW2/2, which document has not been dispelled by

the management, come to rescue of Shri Madan Lal.

Therefore, for reckoning continuous service for a period of

240 days in preceding 12 months from the date when

services of the claimants were dispensed with, the Tribunal

had appreciated ocular facts detailed in affidavit Ex.WW1/A

and Ex. WW2/A, coupled with the documents Ex.WWI/1,

Ex.WW2/2 and Ex.WW2/4. On careful examination of ocular

as well as documentary evidence brought over the record,

it is concluded that the claimants could establish that

they were in continuous service of the management for

a period of 240 days in every calendar as contemplated by

section 25B of the Act.

35. Period of service rendered by the claimants, as

detailed above, nowhere includes Sundays and holidays.

In a calendar year, an employee may get 52 weekly offs,

besides three national holidays. In case 52 weekly offs and

three national holidays are added to the periods referred

above, claimant could establish beyond doubt that they

rendered continuous service for a period of 240 days in

every calendar year, as contemplated by section 25-B of

the Act. Resultantly, ft is concluded that the claimants had

been able to project that they rendered continuous service

of 240 days in every calendar year to avail benefits of

provisions of section 25-F of the Act. The issue is, therefore

answered in favour of the claimant and against the

management.

Issue No. 3

36. It is not the case that the claimants reached the

age of superannuation or sought voluntary retirement. No

evidence was brought to show that they were employed

for a fixed term of contract and their services came to an

end on non-renewal of contract of employment. It was not

asserted that their services were terminated on the ground

of their continued ill-health. Neither services of the claimants

were done away as punishment for a domestic action nor

action of the management falls within the category exempted

under second limb of section 2(oo) of the Act. Thus it is

obvious that termination of services of the claimants, for

any other reason, amounts to retrenchment, as defined by

clause (oo) of section 2 of the Act.

37. The claimants had rendered continuous service

for a period of one year in each year, as contemplated by

section 25-B of the Act. According to them, retrenchment

compensation was not paid, which fact was not dispelled

by the management. The management was under an

obligation to pay them compensation for retrenchment,

when their services were dispensed with. Payment of

retrenchment compensation is a condition precedent to a

valid order of retrenchment. Precedents in Bombay Union

of Journalists [1964 (1) LLU 351], Adaishwar Laal [1970

Lab.I.C.936] and B.M. Gupta [1979 (1) LLJ 168] announce

that subsequent payment of compensation cannot validate

an invalid order of retrenchment.

38. Claimants deposed that their services were

terminated by the management 28.32010 without any notice.

Out of facts unfolded by the claimants, it stood crystallized

that neither notice nor pay in lieu thereof nor retrenchment

compensation was paid to them by the management.

Therefore, retrenchment of their service is violative of the

provisions of section 25-F of the Act. The management

had failed to project that the case of the claimants is an

exception to the general rule. No evidence was brought

over the record that service of the claimants were engaged

dehors the rules. It is not the case that the names of the

claimants were not sponsored by the employment exchange

when they were initially engaged by the management. In

such a situation, this Tribunal cannot reach a conclusion

to the effect that case of the claimants is an exception to

the general rule and relief of reinstatement in service may

not be awarded to them. I am of the considered opinion

¹Hkkx II—[k.M 3(ii)º

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2489

that the claimants could bring it over the record that they

are entitled to relief of reinstatement in service with

continuity.

39. No evidence was brought over the record by the

claimants to establish that they made efforts but could not

secure a job. There is complete vacuum of evidence to the

effect as to whether claimants remained gainfully employed

in the intervening period Absence of evidence on the issue

of gainful employment make me to comment that the

claimants could not show a case of award of back wages

for the intervening period. Resultantly, it is ordered that

the claimants are entitled to reinstatement in service with

continuity and all consequential benefits, except the back

wages. An award is, accordingly, passed in favour of the

claimants and against the management. It be sent to the

appropriate Government for publication.

Dated : 03.02.2014

Dr. R.K. YADAV, Presiding Officer

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 946.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bafM;u bafLVV~;wV

vkWQ isVªksfy;e ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa

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

vf/kdj.k ,oa Je U;k;ky;&2] fnYyh ds iapkV ¼lanHkZ la[;k

89@2012½ dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 21@02@2014

dks izkIr gqvk FkkA

[lañ ,y&42011@175@2011&vkbZvkj ¼Mh;w½]

ih-ds- os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 946.—In pursuance of Section 17 of the

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

Government hereby publishes the award (I.D. No. 89/2012)

of the Central Government Industrial Tribunal/Labour Court

No. II, Delhi now as shown in the Annexure in the Industrial

Dispute between the employers in relation to the

management of Indian Institute of Petroleum and their

workman, which was received by the Central Government

on 21.02.2014.

[No. L-42011/175/2011-IR (DU)]

P.K. VENUGOPAL, Section Officer.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

CUM-LABOUR COURT-II, DELHI

Present : Shri Harbansh Kumar Saxena

ID No. 89/2012

Sh. Hitler Singh Bisht,

Versus

Indian Institute of Petroleum

NO DISPUTE AWARD

The Central Government in the Ministry of Labour

vide notification No. L-42011/175/2011-IR(DU): dated

17.02.2012 referred the following Industrial Dispute to this

tribunal for the adjudication:—

"Whether the action of management of Indian

Institute of Petroleum in terminating the services of

Sh. Hitler Singh Bisht, helper w.e.f. 30.11.1995 without

complying with the 25F of Industrial Dispute Act,

1947 is legal and justified? What relief the workman

is entitled to?"

On 13.3.2012 reference was received in this tribunal.

Which was register as I.D. No. 89/12 and claimant was

called upon to file claim statement with the fifteen days

from date of service of notice. Which was required to be

accompanied with relevant documents and list of witnesses.

After service of notice workman/claimant filed claim

statement on 11.5.2012.

Against contents of claim statement management

filed Written Statement on 22.01.13.

Against contents of Written Statement workman filed

Rejoinder on 21.5.2013.

My Ld. predecessors has not framed any issue but

proceed to adjudicate the present reference on the basis of

schedule wherein questions of determination were as

follows:—

"Whether the action of management of Indian

Institute of Petroleum in terminating the services of

Sh. Hitler Singh Bisht, helper w.e.f. 30.11.1995 without

complying with the 25F of Industrial Dispute Act,

1947 is legal and justified? What relief the workman

is entitled to?

Workman on 12/11/2013 appeared and stated as

follows in his examination-in-chief.

That the workman Sh. Hitler Singh stated that he

want to withdraw his case with permission to file a fresh

case at CAT.

Thus there remains no dispute to be adjudicated by

this tribunal. Which has been referred for adjudication by

Labour Ministry through its notification No. L-42011/175/

2011-IR (DU), dated 17.02.2012.

Moreover this tribunal is not empowered to permit

claimant/workman to withdraw his dispute.

In these circumstances it is a fit case for passing no

dispute Award. Which is accordingly passed.

Dated: 13.02.2014

HARBANSH KUMAR SAXENA, Presiding Officer

2490

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

ubZ fnYyh] 24 Qjojh] 2014

dkñvkñ 947.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj us'kuy bafLVV~;wV

vkWQ+ QS'ku VSDuksykWth ds izca/kra= ds lac) fu;kstdksa vkSj muds

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

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky; 2] fnYyh ds

iapkV ¼lanHkZ la[;k 68@2000½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 21@02@2014 dks izkIr gqvk FkkA

[lañ ,y&42012@43@2000&vkbZ vkj ¼Mh;w½]

ih-ds- os.kqxksiky] vuqHkkx vf/kdkjh

New Delhi, the 24th February, 2014

S.O. 947.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (I.D No. 68/

2000) of the Central Government Industrial Tribunal/Labour

Court No. II, Delhi now as shown in the Annexure in the

Industrial Dispute between the employers in relation to the

management of National Institute of Fashion Technology

and their workmen, which was received by the Central

Government on 21/02/2014.

[No. L-42012/43/2000-IR (DU)]

P. K. VENUGOPAL, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT-II,

Present : Shri Harbansh Kumar Saxena

ID No. 68/2000

Shri Sanjay Kumar & Ors.

Versus

National Institute of fashion Technology (NIFT).

AWARD

The Central Government in the Ministry of Labour

vide notification No L-42012/43/2000-IR (DU) dated

21.6.2000 referred the following industrial Dispute to this

tribunal for the adjudication:—

"Whether the termination of service of S/Sh. Sanjay

Kumar, Sundeep Kumar, Manoj Kumar Rana, Satish

Kumar, Benjamin Tigga by the management of NIFT,

Ministry of Textile is legal and justified? If not, to

what relief the workmen are entitled and from what

date?"

On 1/8/2000 reference was received in this tribunal.

Which was register as I.D No. 68/2000 and claimant were

called upon to file claim statement with in fifteen days from

date of service of notice. Which was required to be

accompanied with relevant documents and list of witnesses.

After service of notice workmen/claimants

Shri Sanjay Kumar, Satish Kumar, and Benjamin Tigga filed

claim statement on 7.8.2003 in this tribunal- Wherein

grounds were taken as follows:—

l. That the deponent-workman was an employee of

the management since 20.7.1996 as attendant of daily

wages. It is submitted that at the time of initial employment,

the recruitment procedure were complied with by

interviewing the workmen, after having satisfied with

eligibility criteria such as Qualification and age and was

appointed. The workman marked his attendance daily. The

workman has put in continuous service of more than 240

days right from 20.7.1996. In fact the service was continuous

till the date of illegal termination on 31.7.1999.

2. That the Management of NIFT is under the control

of Ministry of Textile Govt. of India and its director general

is the Chief and Principal officer of the Management, who

is having the control on Management.

3. That the workman performed the duty with hard

labour and diligently and never given any chance of

complaint in the Management nor there/was any complaint

against any of the workmen regarding his work and duties.

4. That in colorful exercise of powers, the

Management continued to issue the extension letters for

their services rather to regularize their services even after

the completion of 240 days of the regular services of the

workmen and upto 3 year. The services of the workmen

were continuous till the date of illegal termination on

31.07.1999. Like other workmen numbering about 71 who

are still continuing in the services of the Management, the

services of the workmen were extended from time to time.

The action of the Management in continuing the workmen

and other as temporary Attendant right from 1996 and not

making them permanent is unfair labour practice. The very

continuation of employment itself is a proof of existence of

vacancies. Termination of services of the workmen herein

and continuing with other similarly situated persons in the

services would amount to unfair labour practice,

discrimination and arbitrary exercise of power. The

management being a "State" under Article 12 of the

Constitution of India, its action is hit by Article 14 and 16

of the Constitution.

5. That under the guise of Management policy and

under the colorful exercise of powers, the Management

have illegally terminated the old services of the workmen

w.e.f. 31.7.1999 without any prior notice of information

rather to regularize their service. The action of the

Management in terminating the services of the workmen

herein was in gross violation of Sec., 25F of I.D. Act in so

far as no notice, or notice pay or retrenchment

Compensation was given to them at the time of termination.

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Hence the termination of the workmen w.e.f 31.7.1999 being

retrenchment is void ab initio.

5A. That many workmen were seniors, as is evident

from the list of Regular & Daily wages attendant as on

15.1,1999 of the management. The names appearing at Serial

No. 35 to 71 are juniors to the workmen, as their names are

appearing above serial Number 35 . Hence the principle of

'Last Come First Go' was not followed while terminating the

services of the workmen. Therefore, the termination is illegal,

invalid, unjustified and unfair labour practice and is in gross

violation of Sec. 25F of I.D. Act, 1947.

5B. That in the third week of July 1999, the

management pressurized and threatened to terminate the

services of the workmen, if they do not accept to work on

contract basis. The workmen objected to the pressure and

threat held out to them and did not accept to become a

contract employee. Therefore by way of victimization and

vindictive attitude, the management executed its threat by

illegally terminating the services of the workmen. Therefore,

the termination on 31.7.1999 is illegal and invalid being the

result of victimization and vindication attitude.

5C. That the Management put pressure and held out

threat to terminate the services of the workmen, if they did

not accept the employment on contract basis. The

Management issued letter of termination dated 26.7.1999

terminating the services w.e.f 31.7.1999 at the close of the

working hours. It is submitted that there was requirement

of workmen, as three workmen were otherwise entitled to

continue till 31.12.1999, as per extension order dated

7.7.1999. Instead of regularizing the services of the workmen

after prolonged continuous services and paying them the

regular pay scales, changing the condition of services as

contract employee is without notice under Sec. 9-A of I.D.

Act, 1947 is illegal and invalid, and also would amount to

unfair labour practice. The Management did not give any

Notice under Section 9-A of the I.D. Act, 1947, Termination

of services in these circumstances is illegal. The workmen

filed a Civil Suit on 29.7.99 for declaration, permanent and

Mandatory injunctions against the order of termination.

Since the Management took objection as to the

maintainability of efficacious alternate remedy under I.D

Act, 1947, the workmen withdrew the suit on 27.3.2001 on

legal advice. Immediately thereafter raised industrial

dispute against termination of their services.

5D. That the scale of pay of attendant as of June

1999 was 2550-55-2660-60-3200. As against the proper pay-

scale, the workmen were paid only Rs. 82-30 per day and

the wages were paid every month. There was no paid weekly

holidays. No wages was paid for Sundays and other

holidays. No bonus was paid. No leave facilities was

extended. However, Provident fund contribution were

deducted @ of 10% initially and thereafter @ 12% later on

and the wages paid to the workmen."

5E. That the management regularized several similarly

situated workmen in the services, To say, the persons

appearing in the list upto Serial No. 29 were regularised in

the services before October, 1998 on the dates mentioned

in the list. Hence workmen are also entitled to be regularized

and are to be treated at par with them.

7. That in this way the management had illegally and

with wrongful intentions adopted the unfair labour practice,

victimization and pick and choose policy against the

workmen. The management had also adopted the unfair

labour practice as defined in the fifth schedule sub-clause

10 of the I.D, Act, 1947 which reads as under:

"To employee workmen as 'Badlis' casuals or

temporaries and to continue them as such for years,

with the object of depriving them of the status and

privilege of permanent workmen".

8. That the above said action of the management are

highly illegal, unjust, unfair, unconstitutional ultravirous,

anti-labour, and against all the cannons of law. The

management has no right to adopt the policy of

victimization, discrimination and pick and choose policy in

such as illegal manner against the workmen. All the workmen

have illegally been victimized at the stage when they were

entitled to become permanent employee.

9. That all the workmen are having the burdon of

their families , who are on road in starving position since

the management had illegally terminated them from their

old services while the other counter parts/colleagues/

employees have been appointed on the permanent post of

attendant.

10.That a notice of demand dated 27.9.1999 was duly

sent to the management by Regd. Post, which was duly

received by the management but the management

deliberately did not pay any heed toward the same and

were adamant on its illegal designs.

11.That thereafter, having no other efficacious

remedy the workmen were compelled to file their case for

reinstatement before the Conciliation Officer, Sh. Khushal

Singh, A.L.C. (Central) on 26.10.99 where the case was heard

for 7 or 8 times and the Ld. Conciliation Officer persuaded

the management that it is a clear case of illegal termination

and the management should reinstate the workmen on their

old services but the management did not pay any heed

towards the said advice of the Ld. Conciliation Officer in

the colourful exercise of powers and to conceal their illegal

acts, hence this claim.

12. That the Central Government, Ministry of Labour/

Shram Mantralaya, after considering the facts of the whole

case and the illegal acts of the management, has referred

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[PART II—SEC. 3(ii)]

the present dispute to this Hon'ble Court by framing the

following issue:—

"Whether the termination of service of S/Sh. Sanjay

Kumar, Sundeep Kumar, Manoj Kumar Rana, Satish

Kumar Benjamin Tigga by the management of NIFT,

Ministry of Textile is legal and justified? If not, to

what relief the workmen are entitled and from what

date?".

13. That as per the facts and circumstances of the

case the workmen has made out a clear case of illegal

termination against the Management and they are entitled

for reinstatement on the post of Attendant with effect from

1.8.1999 with full back wages and other arrears and

allowances.

14. That all the workmen are unemployed since their

illegal termination by the management.

It is, therefore, most respectfully prayed that an Award

may pleased be passed in favour of the workmen and against

the Management thereby directing the Management to

reinstate the services of the workmen since their date of

illegal termination i.e. 31.7.99 with full back wages and other

arrears and allowances in the larger interest and equity.

In reply to claim statement management filed

Written Statement on 13.10.03. Wherein it is submitted

as follows:—

A. That the dispute raised by the workmen is a

frivolous and vexatious dispute. The present

dispute is barred since the workmen had already

raised the said dispute by way of suit bearing No.

782/99 titled 'Sanjay Kumar & Ors. Vs. NIFT' which

is presently pending in the court of Sr. Sub Judge,

Tis Hazari, Delhi.

B. That the present court does not have the

jurisdiction to deal with the present dispute since

the claimants are not "workmen" as defined under

section @ (s) of the Industrial Disputes Act, 1947.

The National Institute and is not an "industry" as

defined under section 2(j), Industrial Disputes Act,

1947 because it is a teaching institute and is not

any business, trade, undertaking manufacture or

calling of employees, NIFT is a fashion technology

College which has been set up to impart

specialized education in this field. As such, only

teaching and consulting staff is employed

alongwith certain Class IV officials to carry out

the day to day work requirements.

C. That the present claim has been filed by the

dissatisfied attendants. It is submitted that the

order of the management dated July 26, 1999 has

been passed pursuant to a policy decision taken

by the management of the institute . The services

of the workmen was not terminated but the

conditions of service were sought to be changed

in view of the fact that it was thought beneficial

for both the attendant and the management of the

institute to engage their services on contract

basis.

D. It is submitted that the services of the said persons

have not been illegally terminated. The said

persons were employed on a daily wage basis

and their employment was on a day to day basis.

The said persons were given the terms and

conditions of appointment in which it was clearly

stipulated that the services of these persons was

liable to be terminated without giving any reason

by given a one month's notice. However, in an

effort to give better conditions of service, all daily

wagers were given the option of changing their

basis of employment on contract basis, where the

monthly remuneration worked out to be higher

than the monthly wages of the workers. Without

prejudice to the above, it is submitted that the

Applicants were appointed on daily wage basis

on the condition that their service could be

terminated without assigning any reason. It was

also stipulated that in the event one months notice

period is not given, the pay in lieu thereof can be

given. It is submitted that upon the July 26, 1999

notice being given to the Applicants, the

Applications did not present themselves to be

appointed on contract basis. They absented

themselves from work, and have not exercised

the option of taking the new more beneficial service

terms. Further, all other persons falling in the same

category are working on the new service

conditions, and thus no right arises in the favour

of the Applicants.

E. It is most humbly submitted that it is well settled

proposition of law that on expiry of the contractual

term an employee cannot claim to continue

beyond the period of contract and /or regularized

irrespective of the fact that they are given

extension from time to time which is recently

ratified by various courts in their decisions

including the Supreme Court of India. The

management craves leave of this Hon'ble Forum

to refer to and rely upon the case law in this

respect at the time of hearing.

F. These persons were not employed against any

posts of permanent nature in as much as the work

done by them differed depending upon the

requirements of the Institute. It is submitted that

employees against the said posts are already

recruited, and there is no vacancy for any

permanent employee in this category. It is further

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submitted that the Institute is a National Design,

Management and Technology College which is

highly specialized in nature and thus the need of

attendants is not very high. The institute is akin

to College where mostly classes are held and no

other kind of labour is required be done. Further,

the job of attendants is extremely fluid and they

are shifted from one department to another

depending upon the need. The nature of the job

is mostly temporary. The Institute is famous for

holding national level Fashion Shows,

Workshops, Seminars, etc. It is at such times that

most of these attendants are required. Thus they

are hired at times when their services are required

on a daily wage basis. In order to maintain a check

on the expenditure of the Institute, surplus

attendants are not recruited.

G. That however, at the time of recruiting the

concerned persons it was made clear to them that

their services were liable to be terminated at any

time by giving them one month notice. The

relevant term of the appointment of the said

persons reads as follows:

"... Your appointment will be purely on a daily wage

basis and can be terminated at any time by giving

one month notice without signing any reasons either

side...."

A copy of the appointment letters issued to the said

persons is annexed hereto and marked as

ANNEXURE-A (Colly).

These persons were thus provided their services on

a day to day basis. They were paid on the basis of

daily wages. As such the persons have no cause of

action in the present case.

H. From the above it is clear that the action of the

Management was not malafide. In fact, all other

daily wages have been absolved on a contract

basis vide orders dated 2.8.99, 3.8.99, 5.8.99, 9.8.99

and 11.8.99. Only the employees before this

Hon'ble Forum were not appointed since they did

not approach the institute and chose to first file a

civil suit as slated earlier, which is still pending

with Tis Hazari Courts and now approached this

Hon'ble Forum. Copies of the appointment letters

dated 2.8.99, 3.8.99, 5.8.99, 9.8.99 and 11.8.99. is

annexed hereto and marked as ANNEXURE-B

(COLLY):—

It is therefore respectfully submitted that the present

claim raised by the employees should be dismissed

outrightly the same is an abuse of the process of court

because they have already approached the civil court for

the same relief which is still pending and they should not

be allowed to run parallel litigations one before the civil

court and second before this Hon'ble Forum at the same

time.

I. That the question for determination before this

Hon'ble Tribunal is limited to the extent whether

the services of the Persons were terminated

illegally or not. It is not the case here that there

are any permanent vacancies or there is any unfair

trade practice or the persons ought to be

regularised as alleged. The pleas raised by the

Persons in respect of regularization, unfair labour

practice etc. are not triable by this Hon'ble

Tribunal. Therefore the plea of regularisation,

unfair trade practice etc. raised are beyond the

jurisdiction of this Hon'blc Tribunal.

J. That as per the settled proposition of law, in case

of contract employee whose services were

terminated after expiry of the contract period, there

is no need to comply with condition of notice as

per Section 25F of the Industrial Dispute Act, 1947.

Therefore, there was no violation of Section 25 F

of the Industrial Dispute Act, 1947 as alleged.

PARAWISE REPLY:

1-2 The contents of paras I and 2 of the statement of

claim are not denied being matter of record. It is submitted

that the appointment of the said employees was on purely

daily wage basis which was made clear in the terms and

conditions at the time of their appointment terminable

without assigning any reason at one months notice or in

lieu thereof.

It is respectfully submitted that initially the said

employees were engaged on contract basis that therefore

their status is of a contract employee. However, the contract

was renewed for further period but as per the settled law,

renewal of contract does not confer any vested right in

favour of the persons and termination of their services

after completion of the contract period is held to be valid

and legal by the Apex Court as well a High Court in a

catena of judgments.

3. The contents of para 3 of the statement of claim

need no reply.

4. With reference to para 4 of the statement of claim,

it is denied that the management continued to issue

extension letter for the services of the concerned employee

in colorful exercise of power. Since the nature of job of the

said employees required to be done by them depended

upon the need and requirement at a particular time, these

persons were employed on contractual basis by the

Institute on daily wage. Thus, there arises no question of

regularizing the services of these persons arises in the

present case. It is settled position in law that on expiry of

contractual term of employee, the employee cannot claim

to continue beyond the period of contract and/or

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[PART II—SEC. 3(ii)]

regularised irrespective of the fact that they are given

extension from time to time which is recently ratified by

various courts in their decisions including the Supreme

Court of India.

It is respectfully submitted that there was no unfair

labour practice on the part of the Management, as alleged

or at all. It is submitted that there were no sanctioned posts

and the persons were employed for seasonal work on

contract basis. Therefore, continuation of the persons on

contract basis would not create any right in favour of

regularization or otherwise. As far as continuation of the

other similarly placed employees is concerned, it is

submitted that they are also working on contract basis and

when the Persons were offered the same work on contract

basis, for he reasons best known to them, they denied to

accept the same which was also made clear by the

Management during the conciliation proceedings pending

before the Conciliation Officer. Therefore when the Persons,

on their own will refused to work with the Management, it

does not lie in their mouth to contend that allowing other

similarly place persons to continued is unfair trade practice

or violative of Article 14 and 16 of the Constitution, as

alleged.

5. With reference to para 5, it is denied that the

Institute illegally terminated the services of the concerned

employees with effect from 31.7.99 without prior notice or

information. Since the said employees were employed on a

daily wage basis, their appointment was liable to be

terminated at any time without assigning any reasons.

It is denied that there was any violation of Section

25F of the Industrial Disputes Act. It is respectfully

submitted that as per the settled proposition of law, in case

of contract employee whose services were terminated after

expiry of the contract period, there is no need to comply

with the condition of notice as per Section 25F of the

Industrial Dispute Act, 1947. Therefore, there was no

violation of Section 25F of the Industrial Dispute Act,

1947, as alleged.

5A. In reply to the contents of para 5A it is

respectfully submitted that as the persons were employed

on contract basis, their terms of conditions were governed

by their respective contract and there was no provisions

for keeping a seniority list for the persons engaged on

contract basis. Therefore, there was no violation of the

principles of "Last come first go".

5B-C That the contents of para 5 B and 5 C of the

claim are wrong, incorrect and untenable. It is vehemently

denied that the Management pressurized and threatened

to terminate the Persons, if they do not accept to work on

contract basis, as alleged or at all. On the contrary, the

persons from their initial appointment were engaged on

contract basis and here was no question of pressurizing

them to work on contract basis and therefore, in view of

the documents placed by the Management wherein it is

apparent that the Persons were working on contract basis

from their initial appointment, this submission of the Person

is nothing but to mislead this Hon'ble Tribunal. As far as

the regularization of the persons is concerned, it is reiterated

at the sake of repetition that as per law working on contract

basis for long period does not create a right for

regularization. It is farther submitted that as per the terms

of the appointment letter, the said employees were governed

by their respective contract of employment and thus

termination of the persons was in accordance with their

contract and there was no violation of Section 9 A of the

I.D. Act as alleged.

5D. In reply to the contents of para 5D of the claim, it

is submitted that the persons were duly paid their dues as

per their contract at the rate prescribed under the Minimum

Wages Act. It is respectfully submitted that the

Management is an autonomous body governing under the

Ministry of Textile therefore, it has to follow all the law

including Minimum Wages Act. Therefore, the wages paid

to the persons were fixed as per law and there was no

violative of any law at any point of time.

5E. In reply to the contents of para 5E of the claim, it

is submitted that none of the similarly situated persons

were regularised, as alleged, on the contrary, it is submitted

that services have been hired on the basis of a short terms

contract basis instead of daily wage basis. Since no

permanent posts exist against which these persons can

perform their duties, it cannot be said that the services of

any of the similarly placed employees has been regularised.

6. With reference to para 6, it is denied that the persons

were performing the duties of permanent nature and that

various other similarly placed employees were regularised.

As stated above in the preliminary submissions, none of

the persons were performing duties of a permanent nature

and more so no permanent posts exist in the Institute where

they can be accommodated. Other employees have not

been regularized and their services have been hired on the

basis of a short term contract basis instead of daily wage

basis. Since no permanent post exist against which these

persons can perform their duties, it cannot be said that the

services of any of the similarly placed employees has been

regularised.

7-8 With reference to the contents of para 7 and 8 of

the statement of claim, it is denied that the Institute has

adopted unfair labour practice, victimization and has

adopted pick and choose policy against persons. It is

further denied that the Institute also adopted unfair labour

practice as defined in the 5th Schedule, sub-clause (10) of

the Industrial Disputes Act, 1947. It is reiterated that since

no permanent posts exists against which these persons

can perform their duties, it cannot be said that the service

of any of the similarly placed employees has been

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2495

regularised/or the persons were entitled to become

permanent employee as alleged or at all.

9. The contents of para 9 are not replied hereto since

they are not relevant to the crux of the dispute herein.

10. That the contents of para 10 of the statement of

claim are denied in as much as the Management did not

willfully choose to ignore the said notice.

11. With reference to para 11 of the statement of

claim, it is submitted that before approaching the

Conciliation Officer, the persons in the present matter, filed

a civil suit in Tis Hazari Court for mandatory injunction

which is still pending, therefore the persons could not be

allowed to say that they have not exhausted any alternate

remedy they have. It is submitted that the claimants are

availing two remedies at one time. On one side they have

filed a civil suit which is still pending and on the other side

they are taking recourse under the provisions of the Act

which is totally wrong and incorrect and same amounts to

abuse of the process of the court and concealment of facts

from this Forum. The claim of the claimant should be

rejected outrightly on this ground itself.

12. With reference to the contents of para 12 of the

statement of claim, it is submitted that the reference of the

present dispute is obtained by concealment of facts that

they are already pursuing civil remedy before the civil

courts and the same is still pending apart from the present

dispute before this Hon'ble Forum. Therefore view of the

fact that the matter is sub-judice, the present reference is

not maintainable at all.

13. With reference to the contents of para 13 of the

statement of claim, it is denied that the service of Applicants

was terminated. Without admitting, but assuming that the

services of the Applicants was terminated, it is submitted

that the termination of the claimant is legal and on valid

and cogent grounds. It is submitted that since the

appointment of the persons was purely on daily wage basis,

their appointment could not be extended beyond the period

of the contract. Therefore, the present claim of the persons

is liable to be rejected and no relief as prayed for be allowed

to the workman in view of the factual as well as legal position

discussed in the preliminary objections hereinabove.

14. That the contents of para 14 of the statement of

claim are denied for want of knowledge and the persons

are required for furnish strict proof thereof.

In view of the facts and circumstances stated

hereinabove, it is most respectfully prayed that the present

claim of the claimant be dismissed with heavy exemplary

costs being void, illegal, malafide, vexatious being filed

without any cogent and valid grounds for regularization of

their contractual appointment which could be regularised

beyond the period of contract as per law. It is prayed

accordingly.

Workmen/claimants Shri Sanjay Kumar, Satish

Kumar, and Benjamin Tigga in reply to aforesaid written

statement filed rejoinder wherein they stated as follows:—

REPLY TO PRELIMINARY SUBMISSIONS :

A. That the contents of para No. A are wrong and

denied. There is no bar as alleged in maintaining the present

claim on behalf of the workmen. A civil suit for declaration

filed by the workmen was withdrawn on 27.3.2001. Hence

the allegations as made are misconceived.

B. That the contents of para No. B are wrong and

denied being misconceived. The claimants are workmen as

defined under section 2(s) of the I.D. Act and the

management is an Industry as defined under Section 2(j) of

the Act. Hence the allegations as made are wrong and

denied.

C That the contents of para No. C are wrong and

denied. The services of the workmen have been illegally

terminated. The allege policy to terminate the services is

illegal and invalid. There can be no policy in negation of

the provisions of the Industrial Dispute Act. At no point of

time the Management ever issued any notice in terms of

the Section 9A of the I.D. Act. In any event in the given

facts and circumstance the alleged change of service

conditions is nothing but unfair labour practice. The

Management committed unfair labour practice in retaining

and absorbing the junior while terminating the services of

the workmen. The alleged change of condition of service

was unfair labour practice to perpetuate illegality and unfair

labour practice so as to exploit the weak bargaining power

of the workmen. Hence the allegations have no merit.

D. That the contents of para No. D are wrong and

denied. The workmen had been employed continuously

for longer period under the guise of daily wagers and

thereby the management committed unfair labour practice

though they were employed on permanent nature of jobs

continuously. The absorption of the juniors to the workmen

herein itself indicative of the fact that there were permanent

vacancies in existence. The alleged change of terms and

conditions were unfair labour practice. Perpetuating the

practice of daily wagers/temporary employees is in negation

of the object and scope of I.D. Act and would amount to

unfair labour practice. The management in one form or

another continued/or allowed to continue daily wagers/or

on contract basis,/or on temporary basis against permanent

requirement. This is nothing but unfair labour practice of

the Management to exploit the working class. The

Management wanted the workmen to sign on contract

employment which was unfair and hence the workmen

refuse to do so and insisted for regularization/absorption

in the employment itself as permanent employees of the

Management and sought scale of wages/other service

benefits. The Management was so adamant and threatened

to terminate the services if the contract employment for a

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[PART II—SEC. 3(ii)]

fixed sum was not accepted by the workmen. Hence the

management committed unfair labour practice by victimizing

the workmen for their act of not accepting the employment

on contract basis. The threat of the management has

become a reality by terminating the services of the workmen

illegally vide letter dated 26.7.1999 w.e.f. 31.7.1999.

E. That the contents of para No. E are wrong and

denied being misconceived. Continuing with employment

on contract basis inspite of permanent requirement is itself

an unfair labour practice and is in negation of the settled

law. The management persisted and pursued the policy of

contract employment so as to deny the various legal

benefits available in law to the workmen. Perpetuating

contractual employment as is being pursued by the

management is to deny the deprive the workmen from the

various service benefits available to them in law.

F. That the contents of para No. F are wrong and

denied. The workmen were continuously working right from

1996 onwards though they were called daily wagers, against

permanent requirements and vacancies. Continuous

employment itself is indicative of existence of permanent

requirements and vacancies. Instead of making the

workmen as permanent employees and giving them various

service benefits as available in law, asking them to accept

employment on contract basis and thereby denying them

the permanent status and ultimately terminating their

services illegally for not towing to the pressures and threat

held out by the management to the workmen, renders the

action of management in terminating the services as void

and illegal. The rest of the allegation are wrong and denied

being misconceived.

G. That the contents of para No. G are wrong and

denied. That management has committed unfair labour

practice as stated in the claim and this Rejoinder. The

allegations that the workmen were made clear and their

services were liable to be terminated is wrong and denied,

which is otherwise an unfair labour practice. In view of the

weak bargaining power of the workmen, the management

incorporated such a reasonable untenable clauses in the

orders of appointments which is nothing but unfair labour

practice.

H. That the contents of para No. H are wrong and

denied except to the admission that many workmen have

been absorbed on contract basis which is an unfair labour

practice. Since the workmen were aggrieved by the action

of the Management they resorted to the legal remedy by

filing civil suit which was ultimately withdrawn as the civil

suit was barred by the provisions of the I.D. Act as the

workmen are governed by the I.D. Act. It is submitted that

the present claim is legal, valid and is maintainable. Rest of

the allegations are wrong and denied being misconceived.

I. That the contents of para No. I are wrong and

denied. The very continuous employment itself is a proof

of existence of permanent vacancies and still employing

the workmen as daily wagers/contract basis is unfair labour

practice. Rest of the allegations are wrong and denied being

misconceived.

J. That the contents of para No. J are wrong and

denied being misconceived. The very practice of continuing

as daily wagers/or contractual employees for years together

is unfair labour practice. Hence the actions of the

Management are violative of the provisions of the ID Act.

The termination of services of the workmen is also in

violation of the Section 25F of the I. D. Act.

PARAWISE REJOINDER

1. to 2. That the contents of para 1 to 2 of the WS are

wrong and denied. The contents of corresponding paras

of the claim are reiterated and reaffirmed. The management

committed unfair labour practice by keeping the workmen

as daily wagers against permanent requirements and

vacancies and thereby exploited them. The renewal of

contract etc. as alleged in these para are unfair labour

practice in the given facts and circumstances of the case.

Hence the allegations are wrong and denied.

3. That the contents of para 3 of WS needs no reply

as the corresponding para 3 of the claim are not disputed.

4. That the contents of para No. 4 are wrong and

denied. The contents of para 4 of the claim are reiterated

and reaffirmed. There was permanent and continuous

requirements and with a view to deny permanency and

other service benefits attached to permanent employment

the Management perpetuated daily wage/contract

employment system which is nothing but unfair labour

practice. The actions of the management are also in

negation of the settled principles to take a plea that there

was no sanctioned post and heat the workmen were

employed on seasonal work as alleged, as the employment

was continuous. The Management forced the workmen to

accept the unfair conditions and thereby wanted to continue

the contract employment forever which was not acceptable

to the workmen. As a consequence, the services of the

workmen were terminated illegally and admittedly the

management did not comply with section 25 F of the I.D

Act. Admittedly the Management absorbed juniors to the

workmen after termination of services. This too indicates

the unfair labour practice of the management.

5. That the contents of para 5 of the WS are wrong

and denied. The contents of para 5 of the claim are reiterated

and reaffirmed. The workmen were illegally terminated in

violation of Section 25 F of the I.D. Act. There was no

notice or notice pay or retrenchment compensation given

to the workmen. The practice of contract employment itself

is illegal and is an unfair means to exploit the workmen.

5A to 5C That the contents of paras 5A to 5C of the

WS are wrong and denied. The contents of paras 5A to 5C

of the claim are reiterated and reaffirmed. The allegations

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that the term of contract would govern the employment is

misconceived. Perpetuating the contractual employment

is itself unfair labour practice and in violation of the very

object and scope of the I.D. Act. A right had accrued to the

workmen for permanent employment in the Management

as a result of continuous employment and in view of the

unfair labour practice adopted by the management. Rest of

the allegations are also wrong and denied.

5D. & 5E That the contents of para 5D and 5E of the

WS are wrong and denied. The contents of para 5D and 5E

of the claim are reiterated reaffirmed.

6 to 14 that the contents of paras 6 to 14 of the WS

are wrong and denied. The contents of paras 6 to 14 of the

claim are reiterated and reaffirmed. Continuous employment

of workmen itself is a proof of permanent requirement and

permanent vacancies in the Management. It was the

management which adopted unfair labour practice by

keeping the workmen and others as daily wagers/contract

employees. The Civil Suit has already been withdrawn.

The actions of the management in terminating the services

of the workmen is illegal , invalid and in violation of the

provisions of the I.D. Act.

It is prayed to the Hon'ble Tribunal that Award be

passed holding that the workmen are entitled to

reinstatement in service with full back wages and other

service benefits.

On the basis of pleadings of parties following issues

have been framed by my Ld. Predecessor on 9.9.2004:—

1. Whether this court has jurisdiction to entertain

& try this case/reference? If so its effect? OPW.

2. Whether the contract between the workman/

claimant and management ? If any has expired? If so its

effect? OPW

3.1n terms of reference ? OPW.

In support of their case workmen Shri Sanjay Kumar,

Satish Kumar, and Benjamin Tigga filed their affidavit. They

tendered their affidavit. Thereafter they were cross-

examined by A/R for the management.

In support of its case management filed affidavit of

MW1 Anil Kumar, His affidavit was tendered by

management MW1 Anil Kumar was cross examined by Ld.

A/R for the workmen.

Written arguments on behalf of the workmen.

Wherein they stated as follows:—

1. That the workmen Sh. Sanjay Kumar, Satish Kumar

and Benjamin Tigga have filed the present industrial

dispute against the management of NIFT stating therein

that they were appointed with the management as attendant

w.e.f. 20.7.1996 after following a due recruitment procedure

and continuously worked with the management for more

than three years and their services were abruptly terminated

by the management vide order dated 26.7.1999 w.e.f.

31.7.1999. It is further submitted that the workmen have

put more than 240 days in every calendar year and they

were seniors and the principles of last come first go was

not followed and the juniors were retained however their

services have been terminated because they refused to

accept change in their service condition and work on

contract basis.

2. That the management filed Written Statement and

took some contradictory stands and submitted that the

services were not terminated but were sought to be changed

in view of the fact that it was thought beneficial for the

claimants to work on contract basis (para C preliminary

objection written statement). It was further submitted by

the management that the action was taken to maintain a

cheque on the expenditure of the institute and surplus

attendants are not recruited (para F written Statement

preliminary objection). However in para H, the management

admitted that they have recruited the daily wagers after the

termination of the claimants. The workmen examined

themselves as WW-1, WW2 and WW3 and exhibited

documents of their appointment and termination, legal

notice. Nothing material could have come out of their cross

examination.

3. That the management on the other hand examined

one Sh. Anil Kumar as MW1, who was working as assistant

director with the management. MW-1 in his cross

examination admitted that he joined the management only

in the year 2006 and prior to this he never worked with the

management and hence it is absolutely clear that he had no

personal knowledge of the case. He further admitted that

the claimants worked with the management w.e.f. 20.7.1996

to 31.7.1999 continuously without any break and completed

240 days. He further admitted that the wages of all the

workmen were paid on monthly basis. It was further admitted

by MW-1 that no notice of retrenchment was served and

no notice pay was given to the claimants nor any

retrenchment compensation was offered and seniority list

was also not prepared. It was further admitted by MW1

that no notice U/s 9-A of I.D. Act was issued to any of the

workmen to change the service condition. From the

testimony of MW-1, it is clear that the claimants have

worked for more than 240 days and their services were

terminated without assigning any reason and without

giving any retrenchment compensation and notice pay or

notice. No charge sheet or how cause notice was issued.

The termination was without any notice U/s 9-A of I.D.

Act.

4. In "Krishan Singh V/s Executive Engineer, Haryana

State Agriculture Marketing Board, Rohtak 2010, LLR 450",

the Hon'ble Supreme Court has held that where claimant

has put more than 240 days of service and the termination

of the services was without providing of retrenchment

compensation and notice pay or pay in lieu of notice, the

termination is illegal and the claimant is liable to be

reinstated with back wages.

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5. In "Haryana Roadways V/s Ramesh Kumar 2009,

LLR 754", the Hon'ble Delhi High Court has held that if

principle of first come last go is not followed and

retrenchment compensation not paid, the termination of

claimants is highly illegal.

6. In "Ratan Singh V/s Union of India LLJ 1998",

supplementary, volume 3, the Hon'ble Supreme Court has

held that if the claimant has worked continuously for more

than 240 days in a calendar year, he is entitled to protection

U/s 25-f and it cannot be denied nearly on the ground that

he was a daily wager.

7. In "Suraj Pal V/s P.O.L.C No. 111", Delhi High Court

2002, LLJ, Part-III, it has been held that continuous service

of 240 days does not mean immediately preceding date of

retrenchment but it can be any year.

8.The summary of all these judgments is that if the

claimant had worked more than 240 days in calendar year,

he is entitled to protection U/s 25-f of I.D. Act and if the

termination is without following the procedure laid down

U/s 25-F, the same is violative and is illegal and the claimants

are liable to be reinstatement with full back wages. The

claimants have duly submitted in their evidence that they

are unemployed and there is no evidence on record contrary

to the said facts and there is no evidence of their gainful

employment and hence they are liable to be reinstated with

full back wages.

9. That the management has himself admitted that

after the termination of the services of the claimants, they

have appointed fresh workers on the same post clearly

shows that the management required the services of the

claimants. Since no seniority list was prepared, no

compensation was offered or paid, the procedure as laid

down in Section 25-F is violative. It is further not the case

of the management that the engagement of the claimants

was against statutory rules or the post was not sanctioned

or there is no vacancy or the claimant is in gainful

employment. Hence the termination is absolutely illegal.

10. That the management has tried to make a change

in service conditions of the claimant by putting them on

contract basis and as required U/s 9-a of I.D. Act, the same

can be done only after a notice and in the present case

admittedly no notice was served to the claimants. The

management has also tried to put the claimant on contract

basis, which was not at all acceptable to the claimant

because the same is violative of various labour laws as the

claimants have been working for more than three years.

Moreover, the Hon'ble Supreme Court in "Bhilwara Dugdh

Utpadak Sahkari S. Ltd. V/s Vinod Kumar Sharma" LLR

2011, Volume XLIT, 1079 has held that the appointment on

contract basis is exploitation of labour and hence in the

present case, the very offering of the appointment on

contract basis is against the law and is liable to be

condemned. The Hon'ble Supreme Court in the said

judgment has held that labour statues were meant to protest

the employees and there has been a tendency on the part

of managements by showing the workers on contract or

short term or casual although they have been doing regular

work and hence globalization/liberalization cannot be at

the human cost of exploitation of workers.

11. That the claimants humbly pray that the Hon'ble

Court may kindly be pleased to pass an award in favour of

the claimants and against the management and direct the

reinstatement of the claimants with full back wages and

continuity of service.

For this act of kindness, the claimants shall always

remain grateful to this Hon'ble Court.

Written Arguments on behalf of management.

Wherein it stated as follows:—

Preliminary Submissions:—

I. That the claim has been filed by the workman

alleging illegal termination and praying for direction from

this Hon'ble Tribunal to direct the management to reinstate

the services of the workman.

II. That National Institute of Fashion Technology (in

short called hereinafter as "NIFT") was set up in the year

1986 for the purposes of imparting high quality of education

in the field of fashion technology and ancillary areas. That

the said Institute is a recognized premier institute of the

country and operates under the aegis of the Ministry of

Textiles, Government of India. The said Institute is a well-

reputed Institute, nationally and internationally, where

exemplary standard of education are imparted and

maintained. The said Institute is a national institute with

eight regional centers. The NIFT headquarters is at Delhi,

and there are eight regional centers in Delhi, Mumbai,

Chennai, Gandhinagar, Calcutta, Hyderabad, Rae Bareli and

Bangalore, The eight NIFT centers are directly under the

supervision and control of the NIFT headquarter where all

policies governing NIFT are formulated are implemented.

OBJECTIONS:—

III. That the dispute raised by the workmen is a

frivolous and vexations dispute. The present dispute is

barred since the workmen had already raised the said

dispute by way of a Suit bearing no. 782/99 titled 'Sanjay

Kumar & Ors. V. NIFT before the District Court, Tis Hazari.

IV. That the present court should not take the

cognizance of the present dispute its jurisdiction since the

claimants are not "workmen" as defined under Section 2(s)

of the Industrial Dispute Act, 1947. The National Institute

of Fashion Technology is not an "industry" as defined

under section 2(j), Industrial Dispute Act, 1947 because it

is a teaching Institute and is not any business, trade,

undertaking, manufacture or calling or employers. NIFT is

a fashion technology College which has been set up to

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impart specialized education in this field. As such, only

teaching and consulting staff is employed along with

certain Class IV officers to carry out day to day work

requirements.

SUBMISSION OF FACTS AS PER RECORDS.

V. It is most respectfully submitted that the present

claim has been filed by workmen/attendants who were

earlier employed on daily wages basis and their employment

was on a day to day basis.

VI. Further, it is submitted that the workmen were

employed on a daily wage.The said persons were given

the terms and conditions of appointment in which it was

clearly stipulated that the services of these persons was

liable to be terminated without giving any reason by giving

a one month's notice. The copies of the appointment letters

dated 20.7.96. and 9.08.96 and extension letters dated

14.10.96, 19.12.96, 4.9.96, 17.3.98, 29.6.98, 6.1.99 and 7.7.99

are exhibit as EXHIBIT DW1/2 (COLLY).

That however, at the time of recruiting concerned

attendants, it was made clear to them that their services

were liable to be terminated at any time by giving them one

months notice. The relevant term of the appointment of

said attendants reads as follows:—

"...Your appointment will be purely on a daily wages

basis and can be terminated at any time by giving

one month notice without signing any reasons either

side..."

It is pertinent to point out that during cross-

examination, the workmen did not deny the same.

VII. That vide order dated July 26.1999, in an effort to

give better conditions of service, all daily wagers were

given the option of changing their basis of employment on

contract basis, where the monthly remuneration worked

out to be higher than monthly wages of the workers.

VIII. Further, it is submitted that the order of the

employer dated July 26, 1999 was passed pursuant to a policy

decision taken by the employer Institute. The copy of order

dated July 26, 1999 is exhibited as EXHIBIT DW1/1.

IX. Further, it is submitted that the services of the

claimants were not illegally terminated but the conditions

of service were sought to be changed in view of the fact

that it was through beneficial for both the attendants and

the employer to engage their services on a contract basis.

X. Further, it is submitted that on the July 26, 1999, a

notice was given to these attendants but they did not

present themselves to be appointed on contract basis. They

had absented themselves from work, and had not exercised

the option of taking the new more beneficial service terms,

instead they preferred to file the present proceedings,

whereas, all other persons falling in that same category

were absorbed at that point of time for working on the new

service conditions offered at that relevant time. The copy

of notice dated July 26, 1999 has already been exhibited as

EXHIBIT DW1/1.

It is pertinent to point out here that the workmen

have not denied the same in cross examination.

XI. Further, it is submitted these attendants were not

employed against any posts of permanent nature inasmuch

as he work done by them differed depending upon the

requirement of the Institute. Further, the permanent

attendants against the said posts were already recruited,

and there is no vacancy for any permanent employee in

this category.

XII. Further, it is submitted that the Institute is a

National Fashion Technology College which is highly

specialized in nature and thus the need of attendants are

not very high. The Institute is akin to a college where

mostly classes are held and no other kind of labour is

required to be done. Further, the job of attendant is extremely

fluid and they are shifted from one department to another

depending upon the need. The nature of the job is mostly

temporary. The Institute is famous for holding national

level Fashion shows, workshop, seminars etc. It is at such

times that most of these attendants are required on a daily

wage basis. Moreover, in order to maintain a check on the

expenditure of the Institute, surplus attendants are not

recruited.

XIII. Further, it is submitted that due to heavy

surplussage which was creating a financial burden on the

Institute, in July 1999 a policy decision was taken by the

Governing Body of the Institute that the services of all the

attendants working in the Institute on a daily wage basis

would be terminated and that only the attendants who

would qualify the interview held by the Institute, would be

re-employed on a contract basis. This arrangement was

preferred over the last arrangement because an attendant

would be employed on a yearly basis instead of a daily

basis which would lead to certainly of employment for a

particular period for the employee. Even the monthly

remuneration of the employee was stipulated to be Rs.

3000 which worked out to be higher than the monthly wage

of a daily wager which was Rs. 2139.80 Rs. 82.30×26 days,

if calculated as per the prescribed statutory minimum wage.

Thus, when a daily wager is terminated on cogent and

valid reason, there is no grievance that the claimants can

raise. It is also stated that the employer is an autonomous

body governing under the Ministry of Textiles, therefore it

has to follow all the laws including Minimum Wages Act

and thus wages paid to these attendants were fixed as per

law and there was no violation of any law at any point of

time.

XIV. Further, it is submitted that the action of the

employer Institute was not malafide. In fact, all other daily

wagers were absorbed on a contract basis at that time vide

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[PART II—SEC. 3(ii)]

order dated 2.8.99, 3.8.99, 5.8.99, 9.8.99 and 11.8.99, on the

new service conditions offered at that relevant time. The

copies of the letter dated 2.8.99, 3.8.99, 5.8.99, 9.8.99 and

11.8.99, are exhibit as EXHIBIT DW1/3. The daily wagers

before this Hon'ble Forum were not appointed since there

was no vacancy for any permanent employee in this

category and the need of more attendants was not very

high. Moreover, these attendants had not approached the

employer Institute, and instead had chosen to first file a

Civil Suit, which they had withdrawn afterwards on

27.3.2001, in pursuance of the Conciliatory proceedings

before the Asst. Labour Commissioner ©. It is stated that

for the reasons best known to them. The applicants in the

present matter had denied to accept the offer to be recruited

on much beneficial terms of engagement i.e. on contract

basis, as similarly placed to other employees, by the

employer Institute. The employer Institute even tried for

early settlement of the matter vide letter dated 17,1,2000

before the Asst, Labour Commissioner © but applicants

herein denied the same. The copy of the letter dated

17.1.2000 is exhibit as EXHIBIT DW1/4.

XV. Further, it is submitted that if assuming that the

services of the Applicants were terminated and there is

any question for determination before this Hon'ble Tribunal

then it is limited to the extent whether the services of the

present attendants were illegally terminated or not. It is not

the case here that there are any permanent vacancies or

there is any unfair trade practice or the said attendants

ought to be regularized as alleged. It is stated that as per

the settled proposition of law, in case of contract employee

whose services were terminated after expire of the contract

period, there is no need to comply with the condition of

notice as per Section 25F of the Institute Dispute Act, 1947.

Therefore, there was no violation of Section 25F of the

Industrial Dispute Act, 1947, as alleged.

JUDGMENTS RELIED UPON :—

1. [2006 (4) SCALE 197]

SECRETARY, STATE OF KARNATAKA AND

OTEHRS VERSUS UMADEVI AND OTHERS

(A copy of the judgment is annexed herein)

That the Constitutional Bench of the Hon'ble

Supreme Court categorically held in paragraph 24 as follows:

"therefore, consistent with the scheme for public

employment, his court while laying down the law,

has necessarily to hold that unless the appointment

is in terms of the relevant rules and after a proper

competition among qualified persons, the same would

not confer any right on the appointee. If it is a

contractual appointment comes to an end at the end

of the contract, if it were an engagement or

appointment on daily wages or casual basis, the same

would come to an end when it is discontinued.

Similarly, a temporary employee could not claim to

be made permanent on the expiry of his term of

appointment. It has also to be clarified that merely

because a temporary employee or a casual wage

worker is continued for a time beyond the term of his

appointment, he would not be entitled to be absorbed

in regular service or made permanent, merely on the

strength of such continuance, if the original

appointment was not made by following a due

process of selection as envisaged by the relevant

rules".

It is most respectfully submitted that in view of the

Constitutional Bench Judgment, the workmen have not

been illegally terminated and that they cannot be re-instated

as claimed by the claimants in the present claim.

2. [1997(4) SCC 391]

HIMANSHU KUMAR V1DYARTHI AND OTHERS

VERSUS STATE OF BIHAR AND OTHERS

(A copy of the judgment is annexed herein )

That in this judgment the Hon'ble Supreme Court

categorically held in as follows:

"Every department of the Government cannot be

treated to be an industry. When the appointments

are regulated by the statutory rules, the concept of

industry to that extent stands excluded. The

petitioners were not appointed to the posts in

accordance with the rules but were engaged on the

basis of need of the work. They are temporary

employees working on daily wages. Their

disengagement from service cannot be construed to

be a retrenchment under the Industrial Dispute Act.

The concept of retrenchment therefore cannot be

stretched to such an extend as to cover these

employees. Since the petitioners are only daily-wage

employees and have no right to the posts, their

disengagement is not arbitrary.

It is most respectfully submitted that in view of the

constitutional Bench judgment, the workmen have not been

illegally terminated and that they cannot be re-instated as

claimed by the claimants in the present claim.

Conclusion

Therefore, it is submitted that in view of the above-

stated facts, cross-examinations of the workmen , evidence

of the management, above-made arguments and the above

two judgment cited, the present claim requires to be

dismissed with exemplary cost.

Thereafter I have heard the arguments of Ld. A/Rs

for the parties at length.

Ld A/R's for the parties also filed written arguments

which were introduced on record.

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In the light of contention and counter contentions

I perused the pleadings in statement of claim, written

statement, rejoinder and evidence of the parties. Principles

laid down in the cited rulings and settled law of Hon'ble

Supreme Court and Hon'ble Delhi High Court.

Perusal of reference made to this tribunal shows that

case of 5 workmen was referred for adjudication to this

tribunal.

Out of 5 workers Shri Sundeep Kumar and Manoj

Kumar Rana have not filed any claim statement nor they

adduced any evidence in support of their case. So their

case cannot be considered in want of claim statement and

their evidence.

Workmen Sh. Satish Kumar, Sanjay kumar and

Benjamin Tigga filed their Statement of claim and adduced

their evidence so their case is being decided on the basis

of appreciation of evidence on record in the light of settled

law.

My issue wise finding is as follows.

Issue No. 1

Burden to prove issue No. 1 was on management but

management has adduced no evidence to prove issue

no. l in its favour. Moreover Labour Ministry has made

reference for adjudication to this Tribunal on 21.6.2000.

Against reference dated 21.6.2000 management filed no

writ petition which was the available remedy for its alleged

stand. Hence order of reference has become final. Therefore

management is estopped to say that this Tribunal has no

jurisdiction. Specially in the circumstances when no

evidence was given by management and no ruling cited on

behalf of management on the point of jurisdiction.

Issue No. l is liable to be decided in favour of workmen

and against management.

Which is accordingly decided.

Issue No. 2

Burden to prove issue No. 2 also lies on management

but management adduced no evidence to prove this issue.

In want of which there is no option to this tribunal except

to decide this issue against management and in favour of

workmen.

Hence Issue No. 2 is decided in favour of workmen

and against management.

Issue No. 3

In this issue questions of determination mentioned

in the Schedule of reference are included.

Schedule of reference shows that Labour Ministry

while sending reference to this Tribunal referred the

following dispute for adjudication.

"Whether the termination of service of S/Sh. Sanjay

Kumar, Sandeep Kumar, Manoj Kumar Rana, Satish

Kumar Benjamin Tigga by the management of NIFT,

Ministry of Textile is legal and justified?"

In this background burden was on management to

prove whether the termination of services of Shri Sanjay

Kumar, Satish Kumar and Benjamin Tigga is legal and

justified but management adduced no plausible, credible

and reliable evidence on the relevant point.

While workmen adduced all plausible, credible and

reliable evidence which they could produce.

In this background management has utterly failed to

discharge its burden while workmen prove their case.

In the light of contentions and counter contentions

I perused the settled law of Hon'ble Supreme Court on the

point of reinstatement and grant of back wages which

shows that reinstatement is not a necessary consequence

wherever termination is held illegal. Depending upon the

facts of each case a suitable compensation can be awarded.

In Assistant Engineer, Rajasthan Dev. Corporation and Anr.

Vs. Gitam Singh, (2013)II LLJ 141 Hon'ble Supreme Court

has held that reinstatement of workman with continuity of

service and 25% back wages was not proper in the facts

and circumstances of the case and the compensation of

Rs.50,000 (Rs. Fifty Thousand Only) shall meet the ends of

justice. In Jagbir Singh Vs. Haryana State Agriculture

Marketing Board & Anr. AIR 2009 Supreme Court 3004,

Hon'ble Supreme Court held thus "the award of

reinstatement with full back wages in a case where the

workman has completed 240 days of work in a year

preceding the date of termination particularly, daily wagers

has not been found to be proper by this Court and instead

compensation has been awarded." In catena of Judgments,

Hon'ble Supreme Court has taken a view that reinstatement

is not automatic, merely because the termination is illegal

or in contravention of S-25-F of the Industrial Dispute Act.

In Talwara Co-operative Credit and Service Society Limited

Vs. Sushil Kumar (2008) 9 SCC 48c6, Hon'ble Supreme Court

held thus, "grant of relief of reinstatement, it is trite, is not

automatic. Grant of back wages is also not automatic."

Workmen of the instant case was not appointed by

following due procedure and as per rules. They had

rendered service with the respondent as a casual workers,

thus. Compensation of Rs. 50,000 (Rs. Fifty Thousand Only)

by way of damages as compensation to each of the

workman/claimant by Management after expiry of period

of limitation of available remedy against Award, That will

meet the ends of Justice.

Thus Reference is decided in favour of workmen

and against Management.

Award is accordingly passed.

Dated : 30/l/2014

HARBANSH KUMAR SAXENA, Pesiding Officer

2502

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 948.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe jsyos

izca/kra= ds laca) fu;ktdksa vkSj muds deZdkjksa ds chp vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k

vgenkckn ds iapkV ¼lanHkZ la[;k 17@2011½ dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 26@02@2014 dks izkIr gqvk FkkA

[lañ ,y&41011@143@2010&vkbZvkj¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 26th February, 2014

S.O. 948.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 17/2011) of

the Central Government Industrial Tribunal-cum-Labour

Court, Ahmedabad as shown in the Annexure in the

Industrial Dispute between the management of Western

Railway and their workmen, received by the Central

Government on 26/02/2014.

[No. L-41011/143/2010-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVENRMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

PRESENT :

BINAY KUMAR SINHA,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad, Dated 20th January, 2014

Reference (CGITA) No. 17/2011

Adjudication Order No. L-41011/143/2010-IR(B-I)

1. The Divisional Railway Manager,

Western Railway, Pratapnagar,

Baroda

2. The Chief Project Manager,

Western Railway, Kalupur,

Ahmedabad

3. The Senior Divisional Finance Manager,

Western Railway, Pratapnagar,

Baroda

....First Party

And

Their Workman (Pensioner)

Shri Sunil Kumar S. Roy

Through The General Secretary,

Western Railway Kamdar Sangh,

78/9-C, National Highway,

Gandhidham (Kutch)

....Second Party

For the First Party

:

None

For the second Party

:

Shri O.P. Vashishatha,

General Secretary,

W. Rly. Kamdar Sangh,

Gandhidham

AWARD

The Government of India Ministry of Labour, New

Delhi by its order No. L-41011/143/2010-IR(B-I)) dated

07.03.2011 under clause (d) of sub section (1) and sub-

section (2A) of Section 10 of the Industrial Disputes Act,

1947 referred the dispute specified in the Schedule to this

tribunal for adjudication:

SCHEDULE

"Whether the action of the management of Chief

Manager, Western Railway, Ahmedabad and senior

Divisional Manager, Western Railway, Baroda in not

paying medical allowance of Rs. 100 per month to

Shri Sunil Kumar S. Roy, a pensioner of railway, is

legal and justified? To what relief the Union/workman

is entitled?"

2. The 2nd party Union/pensioner filed statement

of claim (Ext. 3) to the effect that on

recommendation of 5th pay commission, Ministry

of Railway, Railway Board under RBE No. 22/2008/

Letter No. PC-V/496 (No. PC-V/98/1/7/1 dated

07.02.2008 issued order for payment of Rs. 100

per month to Railway pensioners/family

pensioners w.e.f. 01.12.1997. But this benefit was

not provided to the pensioners Sunil and so

dispute was raised. Hence seeking for the relief

for directing Rly. Administration to pay fixed

medical allowance to all affected pensioners/family

pensioners.

3. The 1st party appeared executing Vakilpatra in

favour of Shri N.J. Acharya, Rly. Panel Advocate

and W.S. (Ext. 7) was filed pleading interlia that

the reference is not maintainable and the Union/

pensioner has no legal cause of action.

4. Subsequently, on application of the 2nd party/

Union by order dated 04.09.2013 (Ext. 10) the

appearance of Shri N.J. Acharya, Advocate was

disallowed U/s. 36(4) of the I.D. Act, 1947.

5. The 2nd party/Union on 10.01.2014 filed

withdrawal pursis (Ext. 11) on the ground that

D.R.M. (E) Baroda under his letter No. E/789/11/

WR.M.S. dated 10.12.2013 has expressed his

intention to grant fixed medical allowance to the

disputant pensioner Sunil Kr. S. Roy on the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2503

condition of withdrawal of this reference case

(Copy enclosed).

6. In such view of the matter, there is no need for

adjudication as per Schedule since 1st party W.R.

is ready to provide fixed amount of Rs 100 p.m. for

which DRM(E) BRC has wrote letter dated

10.12.2013 to C.P.M. ADI for sanctions the fixed

medical allowance to disputant pensioner Sunil

Kr. S. Roy. In the light of withdrawal pursis, the

reference is dismissed as withdrawn.

This is my award.

BINAY KUMAR SINHA, Presiding Officer

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 949.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV cSad

izca/kra= ds lac) fu;ktdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k

vgenkckn ds iapkV ¼lanHkZ la[;k 770/2004) dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 26@02@2014 dks izkIr gqvk FkkA

[lañ ,y&12012@22@2002&vkbZvkj¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 26th February, 2014

S.O. 949.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 770/2004)

of the Central Government Industrial 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 26/02/2014.

[No. L-12012/22/2002-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVENRMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

PRESENT :

BINAY KUMAR SINHA,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad, Dated 7th January, 2014

Reference (CGITA) No. 770/04

Reference (I.T.C.) 20/2002 (old)

Adjudication Order No. L-12012/22/2002/IR(B-I)

The Branch Manager,

State Bank of India,

Kevadia Colony branch,

Dist.-Narmada-393151

...First Party

And

Their Workman

Shri Naginbhai Kalidas Mahayavanshi

A-78, Opp. Government Hospital,

Taluka-Nanded, Kevadia Colony,

Dist. Narmada-393151

...Second Party

For the First party

:

Ms. Meenaben Shah, Advocate

For the Second party :

None

AWARD

Under adjudication order No. L-12012/22/2002-IR

(B-I) New Delhi dated 09.05.2002 the appropriate

Government/Ministry of Labour referred the dispute under

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

I.D. Act, for adjudication to the Industrial Tribunal Baroda

under the terms of reference specified in the Schedule:

SCHEDULE

"Whether the action of the management of State Bank

of India through the Branch Manager, Kevadia

Colony Branch, Dist. Narmada in terminating the

services of Shri Naginbhai Kalidas Mahyavanshi,

Peon in the year 1995 is justified? If not, what relief

the concerned workman is entitled?"

2. The 2nd party workman in spite of repeated notice

failed to appear in the court and also failed to submit

statement of claim whereas the 1st party (Bank) appeared

and executed power (Vakilpatra) in favour of Ms. Meenaben

Shah, Advocate of Gandhi Associates. The case record

received in this CGIT-cum-Labour Court on 30.12.2010.

Thereafter fresh notice was sent to the 2nd party workman

to file statement of claim but again the workman failed to

appear.

3. So it can be manifestly presumed that the 2nd

party workman who raised the Industrial disputes against

his termination has no interest in this reference. For more

than a decade opportunity was given to him but the

workman slept over the matter having no interest in this

case.

4. The 1st party filed pursis (Ext. 7) that the 2nd party

is not interested in continuing this dispute so the reference

case be disposed of in the interest of Justice.

5. The reference case is fit to be dismissed since S.P.

workman has failed to submit statement of claim. So the

action of the management of S.B.I. through the Branch

Manager (1st party) in terminating the services of the

workman Naginbhai in the year 1995 is held to be justified.

This reference is dismissed. No order of cost.

BINAY KUMAR SINHA, Presiding Officer

2504

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 950.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj xqtjkr baMLVªh;y

dks&vksijsVho cSad fy- ds izca/kra= ds lac) fu;kstdksas 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;] vgenkckn ds iapkV

¼lanHkZ la[;k 37@2006½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj

dks 26@02@2014 dks izkIr gqvk FkkA

[lañ ,y&12012@9@2006&vkbZvkj¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 26th February, 2014

S.O. 950.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 37/2006)

of the Central Government Industrial Tribunal-cum-Labour

Court, Ahmedabad as shown in the Annexure in the

Industrial Dispute between the management of Gujarat

Industrial Co-operative Bank Ltd. and their workmen,

received by the Central Government on 26/02/2014.

[No. L-12012/9/2006-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVENRMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

PRESENT :

BINAY KUMAR SINHA, Presiding Officer,

CGIT-cum-Labour Court,

Ahmedabad, Dated 6th February, 2014

Reference (CGITA) No. 37/2006

Ajdudication Order No. L-12012/9/2006-IR(B-I)

The Branch Manager,

Gujarat Industrial Co-operative Bank Ltd.,

Raapura Branch, Near GPO, Vadodara,

Vadodara (Gujarat)

...First Party

And

Their Workman

Sh. Rameshchandra Nanalal Patel

C/o. S.R. Adhyru, 11/A,

Sheetal Kunj Society, Manjalpur Naka,

Vadodara

....Second Party

For the first party :

Shri S.R. Dave, Advocate

For the second party:

None

AWARD

The Ministry of Labour/Government of India vide

order No. L-12012/9/2006-IR(B-I), New Delhi dated

20.03.2006 referred the dispute for adjudication to this

Tribunal under clause (d) of sub-section (1) and sub-section

(10) of the I.D. Act, 1947, on the terms of reference specified

in the Schedule:

SCHEDULE

"Whether the action of the management of Gujarat

Industrial Cooperative Bank Ltd. in terminating the

services of Shri Rameshchandra Nanalal Patel w.e.f.

02.04.1986 is legal, proper and just? If not, to what

relief the concerned workman is entitled to?"

2. The case of the 2nd Party as per statement of claim

(Ext. 6) is that he was working as a peon in the establishment

of the 1st party since 1975. He was issued a show cause

notice on 26.09.1984 regarding eight different misconduct/

like going on strike irregularities leaving workplace etc.

The domestic enquiry was not conducted in fair way, no

reasonable opportunity given to defend, principles of

natural justice not followed and he was illegally terminated

as per adverse findings of inquiry report w.e.f. 02.04.1986

prayers made for reinstatement with back wages.

3. As against this the 1st party pleaded inter alia as

per w.s. (Ext. 9) is that the reference is not maintainable.

2nd party has no valid cause of action and that after valid

and proper enquiry he was terminated from the services on

02.04.1986 and that the 2nd party is not entitled to any

relief and the reference is fit to be dismissed.

4. The 2nd party left to attend the court since long

and failed to lead evidence whereas 1st party used to appear

through its lawyer. It appears that 2nd party (workman)

has lost interest in this reference. So it is not desirable to

keep the case further pending for evidence of the 2nd party.

The reference deserves to be dismissed. The following

order is passed.

ORDER

The terms of reference specified in the Schedule is

answered in favour of the 1st party that termination of the

2nd party (Workman) w.e.f. 02.04.1986 is legal, proper and

justified.

This reference is dismissed for non-prosecution.

BINAY KUMAR SINHA, Presiding Officer

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 951.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mÙkj jsyos ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] dkuiqj ds iapkV ¼lanHkZ la[;k 76@2012½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 26@02@2014 dks izkIr gqvk FkkA

[lañ ,y&41011@36@2012&vkbZvkj¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2505

New Delhi, the 26th February, 2014

S.O. 951.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 76/2012)

of the Central Government Industrial Tribunal-cum-Labour

Court, Kanpur as shown in the Annexure in the Industrial

Dispute between the management of Northern Railway and

their workmen, received by the Central Government on

26/02/14.

[No. L-41011/36/2012-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE SRI RAM PARKASH, HJS, PRESIDING

OFFICER, CENTRAL GOVENRMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, KANPUR

I.D. No. 76/12

Present :

RMU, C/o Hem Raj Sharma,

House No. 570/66,

Gopalpuri, Alambagh,

Lucknow

And

The Divisional Railway Manager,

NR. DRM Office Hazaratganj,

Lucknow

AWARD

1. Central Govt. MoL, New Delhi vide above

reference No. L-41011/36/2012-IR (B-I) dated 27.07.2012 has

referred the following dispute for adjudication to this

tribunal.

2. Whether the demand of the Union RMU Lucknow

for appointment of Sri Phool Chand son of Bhagwan Deen,

Rajesh Kumar Son of Chhota Lal, Ram Keshari son of

Sunder Lal, Tribhunal Singh son Raj Pati, Ram Kumar son

of Jagmohan, Sri Chandra son of Baboo Lal, Ram Lakhan

son of Baboo Lal, Arun Kumar son of Shambhu Dahayal,

Jai Narain son of Ram Sewak, Dhiru Prasad son of Ram

Pyarey, Baboo Lal son of Dulam and who have worked as

substation porter from Jan. 80 to December 84 after

appointment of other such substation porter by the

management of railway is legal and justified? If not to what

relief the workman is entitled?

3. After receipt of the reference order as above

several notices were issued by the tribunal to both the

parties, but none has appeared from the side of the claimant

nor there is any statement of claim.

4. None appeared from the side of the management.

On few occasion worker's side put their appearance but

have not filed any claim statement in support of their claim.

5. It therefore, from the circumstances of the case

appears that the Union or the workman is not interested in

prosecuting its case. As such the tribunal is of the confirm

opinion that it is a case in which neither there is any

statement of claim nor the claimant is interested in

prosecuting his case, therefore, the case is bound to be

decided against the union and workman for want of

pleadings and proof.

6. Accordingly it is held that the workman/union is

not entitled for any relief pursuant to the present reference

order.

RAM PARKASH, Presiding Officer

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 952.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj vkbZlhvkbZlhvkbZ

cSad ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp

vuqcaè esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèdj.k@Je U;k;ky;] psUubZ ds iapkV ¼lanHkZ la[;k 17@2011½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 26@02@2014 dks izkIr

gqvk FkkA

[lañ ,y&12012@26@2010&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 26th February, 2014

S.O. 952.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 17/2011)

of the Central Government Industrial Tribunal-cum-Labour

Court, Chennai as shown in the Annexure, in the Industrial

Dispute between the management of ICICI Bank and their

workmen, received by the Central Government on

26/02/2014.

[No. L-12012/26/2010-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 12th February, 2014

PRESENT :

K.P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 17/2011

[In the matter of the dispute for adjudication under

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

2506

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

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

between the Management of ICICI Bank Limited and their

workman]

BETWEEN

Sri M. Subramanian

:

1st Party/Petitioner

AND

The Chief Manager

:

2nd Party/Respondent

ICICI Bank Limited

4th Floor, Arihant Insight

No. 24, South Phase

Ambattur Industrial Estate

Ambattur

Chennai-600058

Appearance:

For the 1st Party/Petitioner:

Sri T. Ramkumar & C.D.

Sugumar, Advocate

For the 2nd Party/Respondent: M/s S. Ramasubramaniam

& Associates, Advocates

AWARD

The Central Government, Ministry of Labour &

Employment, vide its Order No. L-12012/26/2010-IR (B-I)

dated 08.03.2011 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the action of the management of ICICI

Bank Limited in terminating services of Sri M.

Subramanian, Ex-Sub-Staff w.e.f. 06.02.2002 is legal

and justified? To what relief the workman is entitled?"

2. On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 17/2011 and issued notices to both

sides. Both sides have entered appearance through their

counsel and have filed Claim and Counter Statement

respectively.

3. The averments of the petitioner in the Claim

Statement in brief are these:

The petitioner had joined the service of the

Respondent Bank, in its Dindigul branch on 08.12.1989 as

Sub-Staff. The petitioner had been discharging his duties

in a sincere and diligent manner. In the year 1997 the

petitioner was transferred to Paganeri branch of the

Respondent Bank in Sivagangai District. The petitioner

got married in November 1998. The wife and unborn baby

of the petitioner died during delivery. The petitioner became

mentally ill consequently. His physical health was also badly

affected by the incident. The petitioner sent a letter to the

management requesting to transfer him any other branch

in Sivagangai District. But the Respondent arbitrarily

transferred him to Thiruppur branch on 03.09.1999. Though

the petitioner made a request, the management declined to

withdraw the order of transfer. Though the petitioner joined

the Paganeri branch in March 2000 he had to take leave for

several days to take care of his mother. He has sent leave

application to the Management. The petitioner got married

again in December 1999. He had to be with his wife at the

time of delivery. He sent several representations to the

Respondent request to transfer him to any of the branches

in Sivagangai District. However, this was not considered.

The petitioner then received a letter alleging that he has

been unauthorizedly absenting from duty, and also asking

him to resume duty on or before 31.12.2001. The allegations

made in the letter are false. Though the petitioner reported

for duty on 31.12.2001 he was not allowed to resume duty

by the Manager of the branch. He had then sent letters to

the Management stating that he is interested in continuing

in the service of the Respondent. In spite of this the

Management had issued an order on 04.02.2002 stating

that it had come to the conclusion that the petitioner had

voluntarily abandoned the service of the Respondent. The

petitioner had further requested the Respondent to permit

him to rejoin duty. However, this was turned down. So the

petitioner had raised the dispute. The petitioner is entitled

to be reinstated in service with back wages, continuity of

service and other attendant benefits.

4. The respondent has filed Counter Statement

contending as follows:

The dispute raised by the petitioner is barred by

limitation as the claim is made after more than 5 years from

the date of his dismissal. The petitioner was an employee

of the erstwhile Bank of Madura Ltd. When the bank merged

with the respondent with effect from 10.03.2000 its

employees including the petitioner have become

employees of the respondent. The petitioner had joined

the service of Bank of Madura Ltd. on 01.02.1989 and was

on probation for a period of 6 months. He was confirmed in

service on 08.12.1990. In 1999, he was transferred to Paganeri

branch. He had absented from duty from 02.10.1999 to

16.10.1999, 17.10.1999 to 30.10.1999, 31.10.1999 to 13.11.1999,

14.11.1999 to 30.11.1999, 01.12.1999 13.12.1999 and

31.12.1999 to 31.01.2000. Since the petitioner claimed that

he is ill, he was asked to appear for medical examination.

But rather than appearing before the medical board, he

reported for duty on 01.03.2000. Then, he absented himself

again from 13.03.2000 to 01.04.2000, 22.04.2000 to 29.04.2000,

08.05.2000. 12.05.2000 to 15.05.2000, 19.05.2000 to 20.05.2000

and 31.05.2000. A charge Sheet was issued to him on

26.07.2000 for unauthorized absence for 187 days. A reply

was given by the petitioner. This was considered by the

management and taking a lenient view for unauthorized

absence, a warning was given to the petitioner. In spite of

this, the petitioner continued to be unauthorizedly absent

subsequently also. He was absent for 253 days

unauthorizedly in between 16.06.2000 to 02.06.2001. A letter

was sent to the petitioner calling upon him to report for

duty forthwith. Even after this, the petitioner did not report

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2507

for duty. The management sent a letter to the petitioner

calling upon him to resume duty on or before 06.08.2001

and also stating that in case of failure it will be construed

as abandonment of service by the petitioner. Even after

this, the petitioner continued to unauthorizedly absent

himself. So the Management sent a letter to the petitioner

giving him a final chance to resume duty on or before

31.12.2001. Even after this, he did not resume duty. The

respondent then issued letter dated 04.02.2002 treating the

petitioner's unauthorized absence from duty for 421 days

for the period from 25.11.2000 to 04.02.2002 as voluntary

abandonment of service. The unauthorized absence of the

petitioner has caused irreparable hardship to the

Respondent. Considering that the petitioner was a chronic

absentee he was dismissed from the service of the

Respondent with effect from 07.02.2002. The petitioner was

paid almost Rs. 9,00,000 towards his PF and about Rs. 40,000

towards his Gratuity on 10.06.2002 by crediting his account

with the Bank. The petitioner had written to the Respondent

stating that he has received the amount without any protest.

The petitioner had raised the dispute after a delay of 7

years. The claim of the petitioner that he has been

discharging his duties in a sincere and diligent manner is

denied. It is incorrect to state that the petitioner had reported

for duty on 31.12.2001 but he was no allowed to resume

duty. So also the allegation that the petitioner had sent

letter to the Respondent requesting him to allow him to

resume duty is false. The Respondent did not receive any

such letter from the petitioner. The petitioner had refused

to utilize the opportunities given to him to resume duty.

The petitioner is not entitled to any relief.

5. The evidence in the case consists of oral evidence

of WW1 and MW1 and the documents marked as Ext W1

to Ext W15.

6. the points for consideration are:

(i) Whether the action of the respondent bank in

terminating the services of the petitioner with

effect from 06.02.2002 is legal and justified?

(ii) What if any is the relief to which the petitioner is

entitled?

The Points

7. The petitioner had entered the service of erstwhile

Bank of Madura Ltd. in the year 1989. When Bank of Madura

Ltd. merged with the Respondent Bank. the employees of

the Madura Bank Ltd. including the petitioner have become

employees of the Respondent. The initial appointment of

the petitioner was at Dindigul branch of Madura Bank Ltd.

On 03.09.1999, while the petitioner was working Thiruppur

branch he was transferred to Paganeri branch. The case of

the Respondent is that the petitioner is a chronic absentee

and that while he was an employee of Paganeri branch he

had absented himself from duty unauthorizedly on several

days. He had given peptic ulcer as the reason for his long

absence. But when he was asked to appear for a medical

examination, rather than doing this, he had reported for

duty. Again he had continued to be absent intermittently

and frequently. Earlier, after he was unauthorizedly absent

for 187 days from 30.10.1999 to 31.05.2000 a Charge Sheet

was issued to the petitioner. He had given a reply and the

Respondent had taken a lenient view and had let him off

with a warning. According to the Respondent, subsequently

also he continued to be unauthorizedly absent. After his

absence for 253 days from 16.06.2000 to 02.06.2001 a letter

was issued to the petitioner asking him to report for duty.

He had refused to attend duty even after this. Still another

letter was issued to the petitioner asking him to resume

duty on or before 06.08.2001. Still the petitioner was not

willing to resume work. The Respondent is said to have

issued still another letter giving a chance to the petitioner

to join duty. Ultimately, the Respondent had issued a letter

of warning to the petitioner telling him that his action will

be treated as voluntary abandonment of service. The

respondent dimissed the petitioner from service with effect

from 07.02.2002 considering that he has abandoned the

service.

8. The respondent has not conducted any enquiry

before dismissal of the petitioner from service. When the

letter said to have been issued by the Respondent calling

upon the petitioner to resume duty was not honoured by

the petitioner, the Respondent has considered it as

voluntary abandonment of duty by the petitioner and had

dismissed the petitioner from service.

9. The petitioner has filed affidavit of examination to

substantiate his case. Ext. W6 is the letter received by the

petitioner from the Respondent directing to report for duty

on 31.12.2001. According to the petitioner, he had reported

for duty but he was not allowed to resume duty on

31.12.2001. His case is that he had sent three

representations to the Respondent subsequently

requesting to permit him to resume duty. Ext. W9 is said to

be one of the copy of the representations sent by the

petitioner to the Respondent to permit him to join duty.

However, there is nothing to show that any such

representation was received by the Respondent. During

cross-examination, the petitioner had stated that he has

got a courier receipt to show that Ext. W9 was sent by him.

But he has not produced it. The petitioner had admitted

during this cross-examination that of an on he was absent

from duty for 421 days. He also stated that he had submitted

leave application for half the period of absence but did not

submit any applications for the remaining period of absence.

He also admitted that does not remember for how many

days he had applied for leave. He then stated that was

remaining absent from duty bacuase he had to take care of

his aged mother.

10. The Respondent has examined MW1 to prove

the case that the petitioner was a chronic absentee. MW1

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THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

was the Chief Manager in the personal department in

erstwhile Bank of Madura Ltd. This witness has stated

that the petitioner had absented himself from duty on

02.10.1999 to 31.01.2000 and there was no news from him at

all during this period. Since he had claimed that he is

suffering from Peptic Ulcer, he was asked to appear before

the Medical Board for medical exmination. After this, the

petitioner has reported for duty without appearing for

medical examination. MW1 has then stated that the

petitioner was then absenting himself again and accordingly

the Charge Sheet marked as Ext. W8 was issued to him for

his unauthorized basence for 187 days. The Respondent

had taken a lenient view and had allowed the petitioner to

continue in service with a warning. However, the petitioner

was again absent for 253 days and letter was issued to him

asking him to report for duty. Ext. W6 is one of the letters

issued to the petitioner asking him to report for duty.

Though the petitioner was asked to be on duty by

31.12.2001, he has not obliged and continued to be absent

unauthorizedly. MW1 has stated that Ext. W8 order

terminating the service of the petitioner was issued after

giving several opportunities to him to resume duty. The

petitioner had refused to utilize the opportunities and had

continued to be absent unauthorizedly.

11. Though, documents are not marked on the side

of the Respondent to prove the absence of the petitioner

from duty continuously, the evidence of MW1 coupled

with the admission made by the petitioner and his own

documents would establish that the peitioner was a chronic

absentee. In fact even from the averments made by the

petitioner in his Claim Statement it self it could be seen that

he was mostly absent from duty. The petitioner had stated

in Para-6 of the Claim Statement that after he had joined in

Thiruppur branch in March 2000, he had taken leave for

some days for which he claims to have sent leave

applications to the Repsondent. The petitioner refers to

absence from duty for other period also in his Claim

Statement. However there is no case for him that he has

sent applications for leave for such absence and those

applications were sanctioned. Thus it is very much clear

that the petitioner was a person who had given scant regard

for his job, that though he was absenting himself frequently,

he did not care to submit even application for leave.

12. The counsel for the petitioner had referred to a

decision of the Delhi High Court in Fateh Chand Vs.

Presiding Officer, Labour Court and Another reported in

2012, 2 LLN 130 and argued that the absence of the

petitioner from duty could not be considered as

abandonment of service. In the above decision it has been

held that abandonment of service is voluntary

relinquishment of one's services with intention not to

resume the same and that mere absenteeism for a continuous

period would not establish what the employee had

abandoned his service. However, the Apex Court had taken

a different view in the matter. In the decision in North

Eastern Karnataka Transport Corporation Vs. Ashappa

reported in 2006 5 SCC 137, the Apex Court had held that

remaining absent for a long time cannot be said to be a

minor misconduct. The action of the management in

dismissal of the Bus Conductor who was absent from duty

unauthorizedly and continuously was upheld by the Apex

Court. Again, in the decision in Vijay Vs. Indian Airlines

Ltd. And Others reported in 2013 (10) SCC 253, the Apex

Court has held that abndonment of service is unilateral

action of the employee and such an act cannot be termed

as retrenchment. The Apex Court has further held that

absence from duty in the beginning may be a misconduct

but when such absence is for a long period it may amount

to voluntary abandonment of service resulting in

termination of service automatically without necessitating

any further order from the employer.

13. In the present case, the petitioner had been

absenting himself from duty continuously. In spite of this,

the Respondent had been making several attempts to make

him resume duty. Letters were sent by the Respondent

asking him to resume duty as seen from Ext. W6 produced

by the petitioner himself. It was when the petitioner failed

to report for duty in spite of repeated such attempts, the

management was constrained to presume that the petitioner

had abandoned service voluntarily and had terminated the

service of the petitioner. An employer could not be expected

to keep an employee who refuses to be on duty

continuously. The action of the Respondent in terminating

the service of the petitioner was only the natural

culmination of the action of the petitioner in voluntarily

abandoning the service of the Respondent. There is nothing

improper or illegal in the action of the Respondent.

14. Another aspect that requires consideration is the

undue delay in raising the dispute. The petitioner was

terminated from service by order dated 04.02.2002. The

dispute is raised by the petitioner only in 2010 with a delay

of 7 years. The counsel for the petitioner has referred to

the decision in Ajav Singh Vs. Sirhind Cooperative

Marketing and Processing Service Society Ltd. And

Another reported in 1999 (6) SCC 82 in support of his

argument that delay in raising the dispute is not of

consequence. In the above decision the Apex Court has

held that Article 137 of the Limitation Act are not applicable

to the proceedings under the Industrial Disputes Act and

that relief under the Act cannot be denied to the workman

merely on the ground of delay. However, in a subsequent

decision Haryana State Cooperative Land Development

Bank Vs. Neelam reported in 2005 1 LLJ 297 the Apex Court

has held that "the Labour Court considering the conduct

of the workman in approaching the Court after more than 7

years to be a relevant factor for refusing to grant the relief

cannot be said to be an irrelevant one". The present case is

one where the petitioner had absented himself from duty

unauthorizedly for several days together and had refused

to report for duty in spite of repeated letters from the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2509

Management. It was accordingly the management had

treated the petitioner as one who had abandoned the service

and had terminated him from service. On going through

the very averments in the Claim Statement it could be seen

that the petitioner had no valid excuse for the delay in

raising the dispute at all. Even for his absence he had no

valid reason. What he has stated in the Claim Statement is

that he lost his wife and unborn baby during delivery and

this made him physically and mentally ill. However, he had

got married again within a year. He had not given any reason

for not raising the dispute earlier. The action of the petitioner

would amount to his total abandonment of service of the

Respondent. He has remained quiet for a period of 7 years

before he raised the dispute. This itself would strengthen

the case of the Respondent that he had abandoned the

service voluntarily. Termination of service of the petitioner

was only the consequence of his abandonment of service.

When all these aspects are considered, it could be seen

that the claim of the petitioner to reinstate him in the service

of the Respondent is without any justification. I find that

the petitioner is not entitled to any relief.

In view of my discussion above, the reference is

answered against the petitioner.

(Dictated to the P.A. transcribed and typed by him,

corrected and pronounced by me in the open court on this

day the 12th February, 2014)

K.P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

WW1, Sri M. Subramanian

Union:

For the 2nd Party/

MW1, Sri N.

Management:

Muthukrishnan

Documents Marked:

On the petitioner's side

Ex. No.

Date

Description

Ex. W1

04.12.1999

Appointment order issued to the

petitioner

Ex. W2

10.08.1999

Representation of the petitioner

regarding his transfer

Ex. W3

03.09.1999

Order of the Respondent,

transferring the petitioner from

Paganeri branch to Tiruppur

Branch

Ex. W4

06.09.1999

Representation of the petitioner,

requesting the management to

withdraw its order of transfer

Ex. W5

05.08.2001

Representation of the petitioner,

requesting the respondent

management to transfer him to any

of the branches in Sivagangai

District

Ex. W6

19.12.2001

Letter of the Respondent,

directing the petitioner to report

for duty on 31.12.2001

Ex. W7

31.12.2001

Representation of the petitioner

regarding his transfer

Ex. W8

04.02.2002

Order of termination issued to the

petitioner

Ex. W9

03.04.2002

Representation of the petitioner

requesting the management to

permit him to join in duty

Ex. W10

18.02.2009

Dispute filed under Section-2A of

the Industrial Dispute before the

Assistant Commissioner of

Labour

Ex. W11

Sep. 2009

Counter Statement filed by the

Respondent

Ex. W12

09.12.2009

Rejoinder filed by the petitions

Ex. W13

08.03.2001

Reference of the dispute made by

the Govt. of India

Ex. W14

26.07.2000

Copy of the Charge Sheet issued

by the Respondent to the

petitioner

Ex. W15

28.07.2001

Copy of the letter sent by the

Respondent to the petitioner

regarding unauthorized absence

On the Management's side

Ex. No.

Date

Description

Nil

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New Delhi, the 26th February, 2014

S.O. 953.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 04/2010)

2510

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

of the Central Government Industrial Tribunal-cum-Labour

Court, Guwahati as shown in the Annexure in the Industrial

Dispute between the management of N.F. Railway and

their workman, received by the Central Government on

26/02/2014.

[No. L-41011/98/2009-IR(B-I)]

SUMATI SAKLANI, 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. 04 of 2010

In the matter of an Industrial Dispute between:—

The Management of N.F. Railway, Maligaon, Guwahati

-Vrs-

Their Workman Sri Thaneswar Kalita, represented by the

Rail Mazdoor Union, N.F. Railway, Maligaon.

APPEARANCES

For the Workman

:

Mrs. M. Bora, Advocate

For the Management :

Mr. K.C. Sarma, Advocate

Date of Award: 12.02.2014

AWARD

1. This Reference has been initiated on an Industrial

Dispute exists between the employer in relation to the

Management of N.F. Railway and their workman, which

was referred to by the Ministry of Labour, Government of

India, New Delhi vide their order No. L-41011/98/2009-IR

(B-I) dated 03.05.2010. The Schedule of this Reference is as

under.

SCHEDULE

"Whether the demand of Rail Mazdoor Union for

fixation of seniority of Shri Thaneswar Kalita in the

cadre of Open Line Organisation, from the date of

his screening in construction organization is legal

and justified? If yes, what relief the workman is

entitled?"

2. On receipt of this order for adjudication of the

dispute as mentioned above, this reference case has been

registered and notices were served upon the concerned

parties who appeared and submitted their respective claim

statement/written statement.

3. The case of the Rail Mazdoor Union, N.F. Zone,

Pandu, in brief, is that the workman Thaneswar Kalita was

employed in the post of Khalasi Helper in construction

organization as a casual labourer on 16.3.84 in the

establishment of Senior Divisional Electrical Engineer,

Guwahati, North East Frontier Railway in short (Sr. DEE/

GHY/NF. Railway) and he was posted under Senior Section

Engineer, Electrical at Pandu Power House of N.F. Railway.

The workman was under the administrative control of

Assistant Divisional Electrical Engineer, Maligaon (in short

ADEE, Maligaon) of the Electrical Department headed by

its Principal Officer designated as Chief Electrical Engineer,

N.F. Railway at its Headquarter, Maligaon. The workman's

seniority is looked after by the office of the Assistant

Personnel Officer, Guwahati, N.F. Railway. The workman

after the fulfillment of requirements and the norms, was

given temporary status of service in the construction wing;

and he was screened for permanent service on 1.4.84 against

the 60% construction reserve post as per the Rules under

the Dy. Chief Electrical Engineer, construction, Maligaon

(In short Dy. CEE/CON/MLG) vide office order No. E/227/

CON/Elect dated 15.05.1996. Thereafter the workman was

absorbed in the Railway service as regular employee and

posted against the permanent post of Khalasi Helper on

1.4.84. The workman rendered his service in the

construction organization in the capacity of khalasi helper

and was promoted to the post of Lineman which was a

grade-III post and continued in that organization upto 1997.

The Government of India, Ministry of Railway, Railway

Board issued letter from time to time to the General Manager

of All Indian Railways and Production Units regarding

staffing in construction organization by creating

construction reserve post for posting in construction wings

in Indian Railways and the said lists were circulated by

N.F. Railway vide its No. Misc. 1378/No. E/1/19(C) dated

14.7.1988 to meet the manpower requirement in construction

Organisation. The Construction reserved post are

permanent including the workman. In implementing the

policy of the Railway Board as mentioned above in order

to shedding extra workforce not required for the work in

the construction organization, the management sent in lots

workmen occupying the posts of the said Construction

Reserve to the Open Line wing of the N.F. Railway under

official authority, and the workman belonging to one such

lot was directed to report to the Divisional Electrical

Engineer, Guwahati of the Open line Wing as per his spare

letter dated 23.10.1997 issued by Sr. Section Engineer

(electrical) (construction) which was effected as per the

direction of letter No. C/255/CON/Seniority/CL Pt. VII

(Elect) dated 01.10.97 issued by the General Manager

(CON)/(P)/Maligaon, N.F. Railway as mentioned in his spare

letter dated 2.10.97. Accordingly the workman resumed his

work as Khalasi in the scale of Rs. 2550/- to Rs. 3200/- on

24.10.1997 under DEE/Guwahati and on being appointed

against a permanent post the workman had a lien in the

substantive capacity in the permanent cadre of N.F. Railway

and on his transfer to Open Line he was entitled to seniority

on this basis of his lien.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2511

Further pleading of the Union is that the workman

on absorption in regular post of Khalasi was placed in

Group D post of the 60% non-gazetted regular posts

earmarked for the construction Organisation and as the

workman was eligible for a lien in the substantive post

where it is maintained his seniority with reference to his

date of absorption irrespective of the Oganisation where

his services were utilized in the regular capacity. As such,

on his placement his seniority is to be fixed in the seniority

unit under Sr. DEE/GHY/N.F. Railway with the maintenance

of his slot. According to the inter-se seniority the occupants

of the post of Khalasi among the 60% non-gazetted regular

posts earmarked for the Construction Organisation as a

whole. But it was not done and the workman was placed in

the establishment of Sr. DEE/GHY/N.F. Railway far below

in the pay scale of Rs. 2550 to Rs. 3200 in the said

establishment who had been still other than his juniors in

respect to his date of absorption in the 60% non-gazetted

regular post earmarked for the Construction Organisation

vide letter No. E/255/I/Pt. III dated 12.03.1999 issued by the

APO/GHY placing the workman at serial No. 35 which was

a wrong assignment of slot in the seniority list. The Union

mentioned that due to loss of seniority the workman lost

chances of promotion whereas his juniors advanced far

ahead in service career by earning promotion by dint of

this wrong seniority. The workman has also been deprived

of promotional benefit under the policy of restructuring of

cadre because of the said anomaly in fixation of lien and

consequent seniority. On being aggrieved, the workman

represented to the authorities through his Union his

grievance for correction of his seniority and for granting

other relief like promotion over and before his juniors, but

it yield no result. The Union also submitted that the date of

appointment to the substantive post in permanent cadre is

the universal criteria for deciding the place of an employee

holding a civil post in the gradation list kept for the category

of service which he belongs to; and the workman is senior

to the existing staff under the establishment of DEE/

Guwahati although the date of appointment to the

substantive post in permanent cadre by way of absorption

of the workman in the Construction Organisation on 1.4.84.

The Management has mistaken in fixing the seniority of

the workman below the subsequent appointees reckoning

the date of reporting of the workman against his permanent

service in the establishment of DEE/Guwahati i.e. on 24.10.97

from the electrical section of the Construction Organisation

as the Railway is a single organization including the open

line in the Construction Organisation and the workman did

not join the electrical establishment of the open line with

his post, but only on being released by the Management

of the Construction Organisation to the open line under

the terms of letter No. E/227/CON/Elect (Screening) dated

3.10.1997 and the letter No. C/255/CON/Seniority/CL Pt.

VII (Elect) dated 1.10.97 is issued by the General Manager

(CON)/(P)/Maligaon, N.F. Railway. The workman also did

not leave the Construction Organisation and joined the

Open Line Organisation of the same zonal Railway on his

own but under official direction. The Union has relied upon

the provision of Rule 312 of the Indian Railway

Establishment Manual, Rule 312 volume-I of 89 Edition. By

depriving the praspect of career advancement and monetary

benefits that would have come to the workman's right

guaranteed under the Articles 14, 16 and 21 of the

Constitution of India. Hence, the workman prayed for

passing award granting the workman his long and seniority

from 1.4.94 and directing the Management to implement

the award with retrospective effect along with

consequential benefits of promotion/financial up-

gradation/promotion under policy of cadre restructuring

at par with his juniors, and to correct all seniority list where

the workman has given wrong seniority position, and to

maintain correct seniority list.

4. The Management, on the other hand, pleaded,

inter-alia, that the reference is not maintainable in its present

form as well as in law and fact and hence, it is liable to be

dismissed; that the statement made in paragraphs-2 and 3

are not correct and the facts are on record; and that the

statements made in paragraphs-4, 5 and 6 of the claim

statement are not correct and hence, denied by the

Management. It is stated by the Management that it is not

correct that the workman was promoted to the post of

Lineman since the workman failed to mention the date of

promotion and the reason behind this for non disclosing

the promotion date is self explanatory. It is also mentioned

by the Management that the post of Open line is a Revenue

post while the posts attached to Construction organization

are work charge posts which is a decided fact in N.F. Railway

based on the circumstances of the urgent occasion and

also need based though both are under the same Railway

Organisation. All the incumbents working in the work

charged posts in the construction organization having lien

in the open line, their seniority is maintaining among the

staff comprising both Open line and Construction

Organisation; and while any regular selection is processed

in open line the staff of both the Open line and Construction

Organization are called for, as per seniority.

Further case of the Management is that no normal

selection procedure is done in Construction organization;

while in exceptional circumstances, which is time based

and need based only, some adhoc promotion are made in

the Construction Organisation amongst the Construction

staff itself only. But there is no claim of adhoc promotion of

Open line staff in Construction Organisation, and while

regular selection is made in Open line, Construction staff

are being called as per seniority and as a matter of right.

The Railway being a vast Organisation the organizational

structure of work force in N.F. Railway at the time under

question do have substantial distinction between the Open

line and the Construction staff force establishment

procedure is concerned. It is also contended by the

Management that the workman Thaneswar Kalita was

2512

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

transferred to Open line as per provisions exclusively

admissible to Open line staff only and his seniority was

also fixed, and subsequently the same is maintained in the

Open line itself. The Management categorically denied the

averment made in para Nos. 13, 14, 15 and 16 of the Claim

Statement and mentioned that the seniority of the workman

was not maintained in the working place, it is fixed in Open

line correctly and there is no scope for any junior staff to

be promoted by the superseding the workman at any point

of time. Hence, the Management contended that the case

of the workman is false and frivolous and it is nothing but

gross abuse of law, and as such, it is liable to be dismissed

with no award.

5. In order to establish their respective cases, the

Union examined 2 witnesses including the workman while

the Management examined their solitary witness Sri Anil

Kumar Sarma, the Office Superintendent, Office of the

Assistant Personnel Officer, N.F. Railway, Guwahati. Both

the parties have also produced a number of documents in

order to substantiate their respective pleadings.

6. The workman witness No.1, Sri Mridul Kr. Das,

General Secretary, RMU, N.F. zone, Pandu, in his evidence

mentioned that the workman Thaneswar Kalita is an

employee of the establishment of Senior Divisional

Electrical Engineer, Guwahati, who was appointed as casual

labourer on 16.3.84. The workman was screened for

permanent service on 1.4.84 against the 60% construction

reserve post under the Chief Electrical Engineer

(Construction), Maligaon vide Office order marked as

Exhibit-1. The workman had been working in the

Construction Organisation upto 1997 and thereafter he was

promoted to Grade-3 post of lineman in Construction

Organisation against permanent post. Subsequently the

workman was spared from Construction Organisation and

he was sent to open line on 23.10.07. vide Railway letter

No.EL/CON/LMG/Estt/2 dated 23.10.97 marked as Exhibit-

2 and the construction reserved posts are permanent post

which is evident from the Circular letter marked as Exhibit-

3. Hence, the workman is entitled to lien in the open line

from the date of his absorption as regular employee placed

under Construction Organisation and his date of

appointment in substantive post in permanent cadre in the

gradation list maintained in the open line in his grade

Khalasi helper. The workman was sent to the establishment

to Senior Divisional Electrical Engineer, Guwahati and

accordingly his seniority in this establishment in his group-

D grade would be according to his lien reckoning from the

date of his appointment i.e. 1.4.84 but the Management did

not do so. Instead of maintaining the seniority of the

workman in the establishment of Senior Divisional Engineer,

Guwahati in his Group-D grade of Khalasi and workman

was given a slot in the gradation list of Khalasi(P). Due to

the said wrong assignment of seniority the workman has

been superseded by his juniors reckoning the date of his

absorption in permanent post who was appointed later

than the workman but placed in the gradation list above

the workman for which the workman has been deprived of

the opportunity of getting promotion including the

promotion through restructuring of cadre. In support of

his contention of the workman witness No. 1 has relied on

the provisions of Rule 12 of Railway Establishment Manual,

Volume-1 of 1989Edition together with the provisional

seniority list of Khalasi(P) in the scale of Rs. 2550 to

Rs. 3200 as on 01.04.1988 marked as Exibit-4. In his cross-

examination the W.W.1 categorically denied the suggestion

that the overall seniority counted from the date of joining

in the open line and a per the policy Circular marked as

Exhibit-1 seniority of the workman would have been

counted from the date of his posting in the open line i.e. in

1997.

The workman Sri Thaneswar Kalita stated that he

was screened for permanent service on 1.4.88 against the

60% Construction Reserved Post under Dy. CEE,

Construction vide Exhibit-1, and he was promoted to the

grade-3 post of Lineman while in service in the

Construction Organisation. He mentioned that the Railway

is divided into two wings in the N.F. Railway, one is Open

Line construction under General Manager, N.F.Railway and

the other is Construction wing headed by another General

Manager (Construction), Subsequently the workman was

spared from construction Organisation on 23.10.97 vide

Exhibit-2. He also mentioned that as he was a permanent

railway workman from the date of his absorption from 60%

reserved post he had the enhancement the right to lien in

the open line Organisation in suitable Units which will be

decided by the Management with effect from the date of

his permanent absorption and his seniority would be fixed

from the date of his screening. He also mentioned that the

construction reserve posts are permanent as it appears

from the Circular Letter marked as Exhibit-3. He again

supporting the statement of W.W.1, stated that he is entitled

to a lien in the open line from the date of his absorption as

a regular employee placed under construction of N.F.

Railway, and his date of appointment in the substantive

post in permanent cadre is the universal criteria for deciding

his seniority in the open line for his grade of Khalasi helper.

Thje workman contended that his seniority is to be

maintained from the date of his screening on his transfer

on administrative ground from Electrical Wing of the

construction organization to the Electrical Establishment

of Senior Divisional Engineer, Guwahati in open line under

Rule 312 of Indian Railway Establishment Manual, Volume-

I of 1989 marked as Exhibit-5. He has also produced the

seniority list showing the junior most personnel got

promotion earlier in terms of the date of appointment date

of birth, than the senior most personnel borne in

construction Organisation whose lien was fixed under

Sr.DEE/Guwahati of Lumding Division vide Exhibit-6; and

the provisional seniority list of Khalasi Helper as on

1.4.2000, marked as Exhibit-7.

¹Hkkx II—[k.M 3(ii)º

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2513

During his cross-examination he mentioned that he

has got the less pay about Rs. 2000 per month after joining

in the open line but he has not submitted any document in

respect of drawing less pay.

The Management witness No. 1 Sri Anil Kumar Sarma,

Office Superintendent, Office of the Assistant Personnel

Officer, Station Road, Guwahati in his deposition stated

that the workman Thaneswar Kalita was originally a staff

of Construction Organisation who joined there on 16.3.84

as casual labourer, and the workman was allowed temporary

status of casual labourer on 11.3.85 under Construction

Organisation. Subsequently on 1.4.84 the workman was

approved for posting against permanent post in the

Construction Organisation, and thereafter the workman

became eligible to be transferred to open line of Railways.

Thereafter the workman joined as Khalasi, Group-D on

24.10.97 as per the option preferred by the workman. He

aslo mentioned that the workman was promoted on ad hoc

basis as Fitter-cum-Driver, Grade-3 and the relevant entry

in respect of the ad hoc promotion of the workman on

13.2.1990 as Fitter-cum-Driver, Grade-3 was made in the

Service Book of the workman vide Exhibit-A and Exhibit-

A(1). The seniority of the workman has been maintained in

the open line with effect from the date of his joining i.e.

24.10.97, as per the Railway Rules, the workman is not

entitled to get seniority in open line on the basis of his

approval in the screening as on 1.4.84 in the construction

organization. He also added that both the open line and

construction organization are under same umbrella but the

status of both are different as the open line is concerned

with Revenue Post while the construction is concerned

with work charged, time based, need based and for project

oriented post; if a person joined as per selection in the

open line directly before the date of the joining of the

construction organization the seniority of the said workman

who joined later in open line will be considered above that

of the workman who joined earlier in construction

organization. The Divisional seniority is maintained

independently, in case of posting of an employee from one

Division to another on administrative ground his inter se

seniority would be maintained but if the said employee is

transferred at his own instance his seniority will not be

maintained, and as the workman has been posted in open

line at his own request/option his seniority in the

construction organization would not be maintained. As

such, the claim of the workman for maintaining his seniority

as on the date of his screening in construction organization

is not tenable. During his cross-examination the

Management witness No. 1 admitted that the right to lien

of the workman was acquired on 1.4.1984. He also said that

the seniority of the employee is counted from the date of

his regular absorption in any organization of the Railway

and the workman is entitled to all the benefits of railway

employees except seniority and promotional benefit

although he joined earlier in construction organization. He

also admitted that there is no record to show the option on

request of the workman available in their office. He also

denied the suggestion tendered by the Union that the

workman is not entitled to seniority as well as promotional

benefit on the basis of his permanent absorption in the

construction organization.

7. On completion of hearing from both the parties I

have heard argument from both the sides at length. The

Union also submitted a written argument. From the evidence

and the documents relied upon both the sides it is found

admitted that the workman joined in construction

organization of N.F. Railway on 16.3.84 as casual workman

and he was absorbed in permanent post of construction

reserved post after his approval in the screening on 1.4.84;

and that the workman was spared form construction

organization on posting in open line on 23.10.97. Now the

vital issue involved of this dispute is whether the seniority

of the workman is to be maintained with effect from the

date of his permanent absorption i.e. 1.4.84 in the

construction organization on his posting in the open line.

On scrutiny of the Railway memorandum No.52/96 dated

15.5.96 proved as Exhibit-1, it appears that the workman Sri

Thaneswar Kalita was duly screened by the Screening

Committee and approved by the competent authority under

letter No. Dy.CEE/CON/MLG and he was absorbed against

permanent post of 60% construction reserved sanctioned

post and his name has been reflected at serial No. 23 of the

said Circular letter (Exhibit-I) and he was spared on 23.10.97

from construction organisation for reporting to his new

assignment. The provisional seniority list of Khalasi in the

scale of Rs. 2550—3200 of open line proved vide Exhibit-4

shows that the name of the workman Thaneswar Kalita

appears at serial No. 35 showing his Date of Birth as

29.4.1966, date of appointment as 16.3.84/24.10.97 and in

the said document a good number of employee (Khalasi)

whose date of birth, date of appointment are much later

than those of the workman, have been placed senior to the

workman. Thus it is clear that the seniority of the workman

has been counted from the date of his joining in the open

line ignoring his render the service with effect from 1.4.84

against the permament vacancy in construction

organization.

Mr. Das, the representative of the Union submitted

that the Railway Board vide their letter No. E(NG).II/78/CL/

12 dated 14/16.10.1980 and No. E(NG).II/85/CL/6 dated

28.11.86 and 19.5.87 made clear provision for maintenance

of seniority and he referred para-12,17, 17.2,17.5 of the said

Master Circular which provide protection of the status in

stages of casual labourer as follows:

"Seniority:

12. Service prior to absorption in the regular cadre

will not count for seniority, which will be determined on the

basis of their regular appointment after due screening/

selection vis-a-vis other regular Railway servants, subject

2514

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

to the provision that if the seniority of certain individual

Railway servants, subject to the provision that if the

seniority of certain individual Railway servants has already

been determined in any other manner pursuant to Judicial

decision or otherwise, the same shall not be altered.

17.2 Absorption i.e. appointment against a regular

vacancy, will be on the basis of screening and not by

selection. The Screening Committee should at least consist

of three members including an officer belonging to SC/ST

community and another to minority community.

17.5 After working out the vacancies in Gr.-D to be

provided for the absorption of casual labour in regular

employment in accordance with the instructions in force, a

list of casual labour eligible to be considered should be

drawn equal to the number of vacancies worked out plus

25% thereof. In drawing the list, only those who are borne

on the current casual labour register, excluding those who

had been absent on two occasions when called for

screening earlier, should be considered. The list should be

prepared in the order of seniority of all eligible casual labour

in the unit of screening which may be fixed by the Railway,

based on the total service/cumulative aggregate service."

Mr. Das, representative of the Union also submitted

that in Railway substantive appointment is regulated by

provision of Indian Railway Establishment Code, Volume-

I, Rule-238 which provides that two or more Railway Servant

can not be appointed to the said permanent post at the

same time; a Railway servant can not be appointed

substantively to two or more permanent posts at the same

time; and a Railway servant can not be appointed

substantively to a post on which another Railway servant

holds a lien. He also mentioned that Rule 239 defines lien

as unless in any case it be otherwise provided in these

Rules a Railway servant on substantive appointment to

any permanent post acquires a lien on the post and causes

to hold any lien provisionally acquired on any other post;

and these provisions under Rule 238 and 239 are applicable

in case of the present workman on absorption in a regular

post with effect from 1.4.84. Mr. Das also added that the

construction organization does not maintain a cadre of

permanent staff for the rank of Khalasi and substantive

absorption or appointment can be given in permanent cadre

is maintained only there and after absorption in open line

one can always go back to his substantive post by the dint

of his lien in the post in open line. Thus the seniority of the

workman was maintained in the open line with effect from

the date of his joining on 24.10.97 is not legal and justified

and as such, the management committed a grave illegal

and wrong assignment of the seniority to the workman in

the Establishment of Sr. DEE, Guwahati in his Grade-D cadre

of Khalasi and instead in giving a slot in the gradation list

of Khalasi (P) far below the staff appointed much later than

him in the open line. He cited the example of one workman

namely Sri Gopal Sarkar who was appointed on 11.4.1997

was given to 3rd slot in the gradation list whereas the

workman absorbed on 1.4.88 was given the 30th slot. In

support of his contention Mr. Das referred the documents

marked as Exhibit-7 and Exhibit-6.

8. Mr. K.C. Sarma vehemently opposing the

submission of the representative of the Union stated that

the workman was appointed initially as casual worker as

Khalasi under Construction Division and he was absorbed

against permanent vacancy on 1.4.84; and thereafter at his

instance the workman was taken in open line on 23.10.97.

As such, as per the provision of the Railway Board's

Circular No. E(NG) 1-85-SR.6/14 dated 22.1.86 and Rule 312

of Indian Railway Establishment Manual, Volume-I (Revised

Edition 1989) the workman has abandoned his seniority

due to his offering application for transfer from

Construction Organisation and hence, he is not entitled to

the seniority on the basis of his absorption in construction

organization. Mr. Sarma, Learned Advocate also submitted

that there is no example of promotion to higher post in

open line superseding the workman, nor the workman ever

agitated before the Management for maintaining his

seniority on the basis of his permanent absorption in the

construction organization.

9. On careful scrutiny of the evidence on record and

having regard to the submission of the learned counsel for

the workman as well as learned Advocate for the

Management it appears that although the management is

taking plea that the workman was transferred from

construction organizaton to open line at his request and

his seniority was fixed with effect from the date of his joining

in the open line organization, and his seniority was fixed

below the existing staff in his grade in open line as per

provision of Rule 312 of Indian Railway Establishment

Manual, Volume-I (Revised Edition 1989). But there is no

iota of evidence to show that the workman has submitted

any representation for transferring him from construction

organization to open line even the Management. At the

instance of the workman, the Management was directed to

produce the representation or any application submitted

by the workman for transferring him from construction

organization to open line, but they have failed to produce

any document. Further the workman categorically

mentioned that he was transferred from construction

organization to open line on administrative ground and his

contention was supported by the workman witness No. 1

and even the Management did not adduce any rebuttal

statement challenging trustworthiness of this contention

of the workman. In the spare letter marked as Exhibit-2

there is no mention to the effect that the workman was

spared from construction organization to join in the open

line at his own request. Thus it is found well established

that the workman was transferred from construction

organization to open line in the interest of Administration.

As per provisions of Rule 311 of Indian Railway

Establishment Manual, Volume-I (Revised Edition 1989) the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2515

seniority of the Railway servant on transfer from one cadre

to another in the interest of the Administration is regulated

by the date of promotion/date of appointment to the grade

as the case may be and the provision of Rule 312 of the

said Manual as relied upon by the Management in case of

the present workman, it is applicable in case of transfer

from one Railway to another and from one cadre/Division

to another cadre/Division on the same Railway in case of

request of the workman.

In the Railway Board Master Circulat letter No.

E(NG)II/78/CL/12 dated 16.10.1980 and letter No. E(NG)II/

85/CL/6 dated 28.11.1986 and 19.5.1997 and at Para-12 it

has been provided that the seniority of the workman will

be determined on the basis of their regular appointment

after due screening selection vis-a-vis other regular Railway

Servant subject to the provision that if the seniority of

individual Railway servant has already been determined in

any other manner in pursuance to the judicial decision or

otherwise, the same shall not be altered. In para-17.2 of the

said Circular it is mentioned that absorption i.e. appointment

against a regular vacancy will be on the basis of screening

and not by selection, and the service prior to absorption in

regular cadre will not count for seniority which will be

determnined on the basis of regular appointment after due

screening/selection. Rule 239 of Indian Railway Code of

the Account Department Pt. I (revised Edication 1984)

Chapter-2 runs as under:—

"239. Lien— Unless in any case it be otherwise

provided in these Rules a railway servant on

substantive appointment to any permanent post

acquires a lien on that post and ceases to hold any

lien provsionally acquired on any other post."

In this connection my attention has been drawn by

the learned counsel for the workman to the Writ petition

Nos. 147, 320-69, 454, 4335-4434/83 etc. disposed of by the

Hon'ble Supreme Court wherein it was ordered as:

"We are of the view that the Scheme prepared by the

Railways setting out the list of project casual labour

with reference to each department in each. Division

and also in regard to each category, namely, skilled,

semi-skilled and unskilled, is in compliance with the

judgement and order dated 18.4.1995 given by this

Court and that obsorption of these with the longest

service be made in accordance with such list. Mr.

Krishnamurti Iyer states that this process will be

completed within two months from today. The matter

is disposed of in these terms".

In H.S. Vankani V/s State of Gujrat of Gujarat, AIR

200 SC 1714, wherein it was held that the seniority plays a

vital role in employee's service career. Unsetting the seniority

leads to resentment, hostility and loss of enthusiasm to do

quality work. Hon'ble Supreme Court in Rajendra Pratap

Singh Yadav V/s State of Uttar Pradesh reported in AIR

(2011) SC 2737 held that the sanctity of the final seniority

list must be maintained unless there are very compelling

reasons to do so in order to do substantial justice. It is also

decided by the Hon'ble Apex Court in a case reported in

AIR 2009 SC 137 that inter se seniority between direct

recruits and promotees the principle of continuous length

of service ought to be applied being most equitable rule.

10. In view of the above discussion & the findings &

having regard to the ratio of the cases cited above, I find

no reason to discord the please of the Union that the

workman was transferred from construction to open line in

the interest of management of the N.F. Railway and as the

workman has been working against permanent post after

his screening in Construction Organisation w.e.f. 1.4.1984

he is entitled to his seniority with effect from the date of his

absorption against permanent vacancy on 1.4.1984 under

construction organization. Thus, the fixation of the

seniority of the workman with effect from 23.10.1997 i.e.

from the date of his absorption in open line, by the

Management is against the principle of substantial justice

as well as natural justice.

11. In the result, it can safely be held that the demand

of the Rail Mazdoor Union for fixation of the seniorty of Sri

Thaneswar Kalita in the cadre of open line Organisation

from the date of his screening (i.e. with effect from 1.4.1984)

in the construction organization is legal and justified.

Accordingly the workman is entitled to his seniority in the

open line with effect from 1.4.1984 in the cadre in which he

was absorbed against permanent post. The workman is

also entitled to other consequential benefits as per the

Railway Establishment Manual and other Circualr/

memoranda issued by the Railway Board from time to time.

Accordingly this Reference is decided on contest in favour

of the Union.

12. No cost awarded.

Send the Award to the Government as per law.

Given under my hand and seal of this Court on this

12th day of February, 2014 at Guwahati.

L. C. DEY, Presiding Officer

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2516

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

New Delhi, the 26th February, 2014

S.O. 954.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 588/

2005) of the Central Government Industrial Tribunal-cum-

Labour Court No. II, Chandigarh now as shown in the

Annexure in the Industrial Dispute between the employers

in relation to the management of State Bank of India and

their workmen, which was received by the Central

Government on 26/02/2014.

[No. L-12012/272/1999-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

PRESENT: Shri Kewal Krishan, Presiding Officer.

Case I.D. No. 588/2005

Registered on 23.8.2005

Sh. Manphool Singh, C/o Sh. Tek Chand Sharma,

25-Sant Nagar, Civil Lines,

Ludhiana (Punjab)-141001

...Petitioner

Versus

The Regional Manager, State Bank of India,

Regional Office, Region-III (Haryana & UT- Chd.)

Sector-85, Chandigarh-160008

...Respondent

APPEARANCES:

For the workman

Sh. Tek Chand Sharma Adv.

For the Management

Sh. N.K. Zakhmi Adv.

AWARD

(Passed on 5.2.2014)

Central Government vide Notification No. L-12012/

272/99-IR(B-I) Dated 15.11.1999, by exercising its powers

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

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

(hereinafter referred to as 'Act') has referred the following

Industrial dispute for adjudication to this Tribunal:—

"Whether the action of the management of SBI

represented by Regional Manager, SBI Region No.

III (Haryana & U.T. Chandigarh) Sector 8C,

Chandigarh, in imposing punishment of dismissal

from service to Sh. Manphool Singh, Cashier-cum-

Clerk vide order dated 5.5.1988 is just and legal. If

not to what relief the workman is entitled to and from

which date?"

In response to the notice the workman appeared and

submitted statement of claim pleading that he had been

wroking with the repondent bank as Cashier-cum-clerk at

Mandi Dabwali when he was placed under suspension

vide order dated 13.6.1986. He was issued charge-sheet

dated 8.6.1986 alleging misconduct to which he submitted

reply. But the same was not considered and Inquiry Officer

was appointed who conducted the inquiry and submitted

his report. On the basis of the Inquiry report, he was

dismissed from service. Now according to him, the inquiry

was not legal and valid as the Inquiry Officer was not

appointed as per provisions of law and notice was not

displayed on the bank's notice board regarding the

appointment. That the charge-sheet served was not legal

and did not contain the list of witnesses/list of documents.

That the Inquiry Officer acted in a biased manner and did

not appreciate the evidence led before him. That the report

of the Inquiry Officer is not based on any evidence. The

disciplinary authority also did not apply its mind before

issuing the show cause notice to which he submitted reply

which was not considered at all and he was illegally

dismissed from service. Considering the conduct of the

authorities concerned, he did not prefer any appeal. That

his dismissal is illegal and the same be set aside with

continuity of service.

Respondent-bank filed reply pleading that a proper

and valid inquiry was held and the workman was given due

opportunity to defend himself and on the basis of the

Inquiry, after serving a show cause notice to the workman,

he was dismissed from service as he was found guilty of

gross misconduct. That there is no illegality in the inquiry

proceedings or in the dismissal order. That the workman

was required to prefer an appeal before the Appellate

Authority under the law and since he did not prefer any

appeal, the industrial dispute is premature.

In support of its case the workman appeared in the

witness box and filed his affidavt reiterating the case as set

out in the claim petition.

On the other hand the management examined M.L.

Palta and Sh. V.K. Jain.

Sh. M.L. Palta is the person who conducted the

inquiry. He placed on record the inquiry proceedings Exhibit

MW-2/2 (37 pages).

Sh. V.K. Jain filed his affidavit reiterating the case of

the respondent as set out in the written statement.

I have heard Sh. Tak Chand Sharma counsel for the

workman and Sh. N.K. Zakhmi, counsel for the management.

It was vehemently contended by learned counsel for

the workman that the appointment of the Inquiry Officer

was not made according to Rules and no order in this

respect was given to the workman and therefore the finding

of the Inquiry Officer is illegal. He has further contended

that the Inquiry Officer did not act in a fair manner as he

himself put probing questions to the witnesses and to the

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2517

prejudice of workman. That the Inquiry report is not based

on any evidence and even the complainant did not appear

before the Inquiry Officer and thus the inquiry report is not

legal and consequently the action taken on its basis

dismissing the workman is also not sustainable. I have

considered the contentions raised by the learned counsel

and perused the inquired proceedings.

The workman was charge-sheeted on the following

grounds vide charge-sheet dated 18.6.1986.

1. That on 3.4.1986, while officiating as teller, he made

a payment of withdrawal for Rs. 500 relating to

Savings Bank Account No. 24/7866 maintained

by one Sh. Om Prakash at our Mandi Dabwali

Branch. The signatures of the account holder on

the front and reverse of the withdrawal from are

apparently forged.

2. Again on 16.4.1986 at his instance withdrawal for

Rs. 500/- was authorized without pass book by

Sh. H.R. Bishnoi, Accountant and he attested the

signatures of Sh. Om Prakash, accountholder

appearing on the reverse of the withdrawal in the

style known to me. The payment was collected

by him from Sh. B.R. Silha, officiating Teller and at

that time he was accompanied by another person

whom the officiating teller thought to be the

depositor. Further, he posted the withdrawal in

the ledge account although he was not working

on that seat. The signatures of Sh. Om Prakash,

appearing on the front and reverse of that

withdrawal form materially differ with those

recorded at the branch and are apparently forged.

3. On 2.5.1986, a sum of Rs. 1000 has been deposited

in the above account and signatures appearing

on the deposit voucher are similar to those

appearing on the above-mentioned two

withdrawal forms.

4. Although he was not working on the Saving Bank

Seat, he posted two withdrawals for Rs. 500 and

Rs. 100 on 16.4.1986 and 17.4.1986 in the ledger

sheet of account No. 24/7866 on 17.4.1986 he

also completed the pass book and handed over

the same to the depositor without making entries

of the two withdrawals dated 3.4.1986 and 16.4.1986

for Rs. 500 each and intentionally showed the

pass book a balance different to that appearing in

the ledger account. The balance in the pass book

has been authenticated by him.

When he did not submit reply to the charge-sheet,

the competent authority passed order dated 12.9.1986

appointing the Inquiry officer as well as Presenting Officer

and the workman was accordingly informed. The Inquiry

Officer conducted the proceedings and during the inquiry

the photocopy of the documents relied upon by the

management were supplied to him as is clear from the

proceedings dated 18.12.1986. Workman also told the

Inquiry Officer that he would be defended by S.N. Aneja.

On the next date of hearing i.e. 23.1.1987 the workman

decided to defend himself as his defence representative

did not turn up. The inquiry procedings further show that

witnesses were examined in his presence and were cross-

examined by him. On 28.5.1987 workman did not produce

any witness in his defence and on his request the case was

adjourned to 19.6.1987. On that day the workman was

proceeded against ex parte.

During the inquiry, the Inquiry Officer examined

seven witnesses who supported the case of the bank. All

the witnesses were duly cross-examined by the workman

himself. Replying on the evidence produced before him,

the Inquiry Officer submitted a detailed report dated

6.8.1987 holding that all the charges are proved against the

workman. It is nowhere the case of the workman that he

was wrongly proceeded against ex parte. It is not shown

that the Inquiry officer has violated any rule or regulation

by conducting the inquiry. It is specifically pleaded by the

respondent bank that the appointment of the Inquiry Officer

was duly displayed on the bank's notice board and it is not

shown under which rule the documents and list of witnesses

were to be supplied to the workman along with the charge-

sheet. However he was supplied the documents during the

inquiry. The report of the Inquiry Officer is based on the

evidence led before it. If the Inquiry Officer has asked any

question to any witness, the same do no vitiate the inquiry

as Inquiry Officer was not to sit as a mute spectator and he

was well within the powers to illicit the truth from the

witnesses, though, it is not shown that he asked any

question to the witnesses which proved detrimental to the

workman. Thus the inquiry do not suffer from any illegality

and the same is held to be fair and proper.

It was submitted by the learned counsel that only

small amounts of Rs. 500 are allegedly misappropriated by

the workman and an extreme penalty of dismissal from

service has been imposed on him which is not justified. It

is not disputed that banking business revolves around

integrity and honesty and the same is necessary to build

the confidence of the public. The workman has withdrawn

amounts from the accounts of the customer and dealt with

the bank books at his will which tantamount to gross

misconduct on his part and he cannot take refuge that only

small amounts were received. Considering the gravity and

misconduct of the workman, the bank authorities rightly

imposed the penalty of dismissal from service and the same

do not call for any interference.

In result, the reference is answered against the

workman holding that the punishment of dismissal is just

and legal. Let hard and soft copy of the award be sent to

the Central Government for further necessary action.

KEWAL KRISHAN, Presiding Officer

2518

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

ubZ fnYyh] 26 Qjojh] 2014

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New Delhi, the 26th February, 2014

S.O. 955.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 15/2004)

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

Bangalore as shown in the Annexure, in the industrial

disputes between the management of State Bank of India

and their workmen, received by the Central Government on

26/02/2014.

[No. L-12012/179/2003-IR (B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

BANGALORE

Dated

:

29th January, 2014

PRESENT

:

Shri S. N. NAVALGUND,

Presiding Officer

C R No. 15/2004

I party

II party

Sh. Thimmaraj.

The General Manager,

No. 16, Muthyalam

State Bank of India,

Koil G. Street,

No. 48, Church Street,

Bangalore - 560 001.

Bangalore - 560 001.

APPEARANCES :

I Party

:

Shri H. H. Nagaraj, Advocate

II Party

:

Shri B. C. Prabhakar, Advocate

AWARD

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

179/2003-IR (B-I) dated 26.02.2004 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 management of State Bank

of India is justified in terminating the services of

Shri R. Thimmaraj, Temporary Sub-staff w.e.f.

27.4.2000? If not to what relief he is entitled?''

2. On receipt of the reference from the Central

Government, when notices were issued to both the parties

I party entered his appearance through Sh. H. H. Nagaraj,

advocate and filed his claim statement on 14.05.2004 and

the II party entered its appearance through Sh. J. Satish

Kumar, Advocate and filed its counter statement on

22.12.2004.

3. In the claim statement filed by the I party it is

alleged that his representation raising the dispute in

claiming appointment on permanent basis is based on the

lines of the advertisement dated 01.08.1988 published in

Deccan Herald by the Personnel Manager; State Bank of

India management in line with Clause 5 of the agreement

dated 17.11.1987 entered between the State Bank of India

and All India State Bank of India Staff Federation and that

the II party contention that each branch/office is to be

treated as one establishment and temporary service put in

at a branch/office alone will be reckoned for the purpose,

establishes a clean deviation from the paper advertisement

which reads as ''Eligible category of temporary employees''

240 days of temporary service in a calendar year of 270

days of temporary service in a block of 36 calendar months

or 30 days of service in a calendar year of 70 days in any

block of 36 calendar months after 1.07.1975 and up to

31.07.1988 at ''any one or more branches/offices under a

module (Regional Office) as existing/defined as on

31st July 1988 exhibit (1) enclosed''. It is further stated that

he having completed 114 days of temporary service in

3 branches namely Richards Town, Kacharakanahalli and

J.C. Road branch between the period 12.11.1984 to

28.04.1987 he is eligible to be appointed on permanent basis

and that in this connection he has submitted an application

cum declaration on 28.03.1995 furnishing the entire details.

Thus he has claimed that his candidature for a permanent

appointment needs to be considered on the basis of his

temporary service of 114 days in three different branches

and out of the total absorption made there are 30 persons

having put in service of 114 days to 90 days of service so

his absorption should be at par with the similar category of

similar seniority.

4. It is contended in the counter statement filed by

the II party that the bank has been engaging temporary

employees especially in the sub-staff to work on daily

wages in leave/casual vacancies of messengers and as

there was a long standing demand from the association of

All India Bank Employees Federation that these temporary

employees should be considered for absorption in

permanent vacancies, after a great amount of discussion a

bipartite settlement dated 17.11.1987 was entered into and

the same was subsequently modified by another agreement

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2519

dated 16.07.1988 under which all eligible temporary

employees were to be given a chance for being considered

for permanent absorption subject to the terms and

conditions contained in the said agreement categorising

them into 3 categories viz.,

(a) those who have completed 240 days temporary

service in any continuous block of 12 calendar

months or less during the period 01.07.1975 to

31.7.1988,

(b) those who have completed 270 days temporary

service in any continuous block of 36 calendar

months during the period 1.07.1975 to 31.07.1988

and

(c) those who have completed a minimum of 30 days

aggregate temporary service in any calendar year

after 1.07.1975 or a minimum of 70 days aggregate

temporary service in any continuous block of 36

calendar months during the period 01.07.1975 to

31.07.1988. It is further contended that the

aforesaid aggregate temporary services of 270

days, 240 days, 70 days or 30 days should have

been put in by a daily wager at any one or more of

the offices. It is further contended that candidates

will be appointed in full time or part time positions

and they will be treated as new entrants and will

not be entitled for any back wages or difference

between the wages payable to regular temporary

employees and adhoc/fixed remuneration paid to

them or any other attendant benefits and their

appointment will be effective from the date they

take up their permanent appointment.

5. It is further contended the I party was placed in

the list "C" category according to his seniority which is

determined according to the numebr to his seniority which

is determined according to the number of days of work

done during the relevant period from 01.07.1975 to 31.07.1988

and that the employees falling in A, B & C list were absorbed

in that order in the vacancies arising up to December, 1994

untill the lapse of the panel in March, 1976 and though the

cut off date was March 1997 the panel was kept alive upto

December 1997. It is further contended the employees listed

were absorbed according to the seniority against the

vacancies that arise up to December 1994 and the

employees who have put in 90 days service was the last

employee to be absorbed. It is also denied in the counter

statement relaxing some conditions for few employees side

lining the I party being absorbed. It is also contended the

I party being not in the service of the bank as of now in any

capacity temporary or otherwise the question of continuing

his service in the bank does not arise and there being no

vacancies in the bank it is not possible to absorb him.

6. It is also contended in the counter statement that

the I party had filed Writ Petition No. 13041/2000 on the file

of the Hon'ble High Court of Karnataka and same came to

be disposed of with observation that the bank can consider

the case of the I party for absorption in case if the vacancies

that may be created from 1997 till 05.09.2000 and in

pursuance to the said order the bank has examined the

case and considered and found that there are no vacancies

arose as per the observations of the Hon'ble High Court

and an endorsement was issued to the complainant under

letter No. PER & HRD:5440/276 dated 18th December 2000

and aggrieved by that endorsement the I party filed

contempt petition before the Hon'ble High Court of

Karnataka and aggrieved by that the bank filed SLA before

the Hon'ble Supreme Court of India in SLA No. 13095-13097/

2001 wherein their lordships dismissed the case in favour

of the bank. It is further contended that the Hon'ble High

Court of Karnataka in Writ Appeal No. 6290/2000 held that

if an employee is found to be eligible as per the scheme is

entitled for absorption in the permanent vacancy and if an

employee is found ineligible to be appopinted as per the

scheme in the permanent vacancy the question of

absorbing him for future vacancy does not arise. Thus it is

contended the case having been reached finally before the

High Court this reference deserves to be dismissed.

7. With the above pleadings when the II party was

called upon to adduce evidence, initially the affidavit of

Shri K.A. Ganapathi, Chief Manager (P&HRD) State Bank

of India, Zonal Office, Bangalore was filed on 19.11.2005

and later since he could not be produced for cross

examination giving up his affidavit a fresh affidavit of

Shri Vadiraj P. Bhat, Dy. Manager (P&HRD), Zonal Office,

Bangalore reiterating the counter statement came to be

filed on 14.02.2006 and through him the copies of settlement

dated 17.11.1987 and 16.07.1988 between the Subordinate

Temporary staff and the II party bank got marked as Ex- M-

1 and Ex M-2 and he is subjected to cross examination by

the counsel for the I party, Interalia, the I party workman

while filling his affidavit and examining himself on oath as

WW1 got marked Ex W-1 to Ex W-22 the detailed description

of which are narrated in the annexure (Ex- W-1 to W-12

have been got marked during the cross examination of

MW1, whereas, Ex W-13 to W-22 have been got marked in

the examination chief of WW1 dated 04.01.2007).

8. With the above pleadings, oral and documentary

evidence brought on record by both the sides, after hearing

the arguments addressed by the learned advocates for both

the sides by Award dated 11.07.2011 the award was passed

in following terms:

"The reference is allowed holding that the action of

the management in terminating the services of the

first party w.e.f. 27.04.2000 is not justified and that

the first party is entitle for absorption as a last man

amongst those who have been absorbed having put

in service of 114 days as temporary sub-staff. He is

also entitle for back wages from such date of

2520

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

absorption fixed by the second party with all other

consequential benefits that he would have received

in the event of his absorption on that day. The second

party has to work out and carry out the award within

two months from the date of Gazette publication of

the award by issuing him absorption order and pay

the arrears and in default to comply within the

stipulated period accrued arrears would be payable

with interest @ 8% per annum."

9. When this award was challenged by the II Party

before the Hon'ble High Court of Karnataka in W P No.

45482/2011 (L-RES) the Hon'ble High Court by Order dated

11.09.2012 set aside the said award and remitted back the

matter with direction to confine to the issue referred i.e. as

to "Whether the action of the management of State Bank

of India is justified in terminating the services of Shri R.

Thimmaraj, Temporary Sub Staff w.e.f. 27.04.2000? If not to

what relief he is entitled?"

10. Persuant to the Order of the Hon'ble High Court

referred to above while re-registering the reference in C R

15/2004 when notices were issued to both the sides, they

entered their appearances through their respective

advocates and counsel for the I Party filed his written

arguments and cited the decisions reported in

1. 1. 2002 III LLJ Page 885 - Suraj Pal Singh and

others vs. Presenting Officer., Labour Court No.

111 and another.

2. 2. LLJ 1972 SC Page 486 - Senior Superintendent,

RMS Cochin and another vs. KV Gopinath, Sorter.

3. 3. 1978 LAB IC Page 394 - Assistant Personnel

Officer, S Rly, Olvakkot vs. KT Anthony.

4. 4. LLJ 19814 II SC Page 386 - Surendra Kumar

Verma and others vs. CGIT, New Delhi.

whereas, the learned advocate appearing for the II Party

addressing his oral arguments relied upon the decision

reported in

AIR 1997 SC 1657 - Himanshu Kumar Vidyarthi and

others vs. State of Bihar and others.

11. In view of the order passed by Hon'ble High Court

in WP No. 45482/2011 (L-RES) the point that arises for my

consideration is "Whether the II Party terminated the

services of Sh. R Thimmaraj, Temporary sub-staff w.e.f.

27.04.2000? If yes, whether such termination is justified?"

12. On appreciation of the pleadings oral and

documentary evidence adduced by both the sides with the

written arguments filed by the I Party counsel and oral

arguments addressed by the II Party counsel my finding

on the I part of the point is in the Negative and the II part

also in the Negative for the following.

REASONS

13. On carefully going through the claim statement

filed by the I Party absolutely I find no allegation/assertion

being made his temporary services being terminated w.e.f.

27.04.2000 or any evidence is let in to that effect. His only

claim is that pursuant to the II party advertisement in

Deccan Herald dated 01.08.1988 in line with clause 5 of the

agreement dated 17.11.1987 entered between the SBI and

All India SBI federation he applied for his absorption/

regularisation through his application cum declaration

dated 28.03.1995 furnishing the entire details which needs

to be considered. Now in view of the order of the Hon'ble

High Court in W P No. 45482/2011 (L-RES) in this reference

there is no scope to consider such claim of the I Part. Even

after the Hon'ble High Court set aside the Award passed

by this tribunal dated 11.07.2011 with a direction to confine

only to the issue referred the I Party neither amended the

claim statement nor lead any evidence his temporary

services being terminated w.e.f. 27.04.2000 and for what

reason the same is not justified. The learned advocate

appearing for the I Party in his written arguments states

that in this case 240 days need not be proved as there is a

statutory settlement between both the parties under Section

18 of the ID Act as well as the Rule 29 of the Karnataka

Standing Order Rules as such the termination of the I Party

is illegal and arbitrary. If such a argument is to be considered

again this tribunal would commit the same error that was

committed while passing the award dated 11.07.2011 which

has been set aside by the Hon'ble High court holding that

the same is outside the scope of the reference. A temporary

employee if alleged and proved as contemplated by Section

25 of the ID Act that he had continuously worked for 240

days in a twelve calendar month he gets a right as

contemplated under Section 25F of ID Act for being given

one month's notice in writing indicating the reasons for

retrenchment or wages in lieu of such notice and

compensation equivalent to 15 days average pay for every

completed year of continuous service or any part thereof

in excess of 6 months and do not confer any right on him

for being permanently absorbed in the establishment.

Therefore, in the absence of the pleading and evidence by

the I Party that he worked continuously for a period of 240

days in the particular 12 calendar months even if he is

presumed to have been terminated from Temporary Service

w.e.f. 27.04.2000 no fault can be found with the II Party or

any relief can be granted to the I Party. In the result, I arrive

at conclusion the I Party having failed to plead and prove

that he served for 240 days in any 12 claendar months and

terminated w.e.f. 27.04.2000 without complying the

mandatory requirements of Section 25F of Industrial

Dispute Act the alleged termination w.e.f. 27.04.2000 cannot

be found with fault. Accordingly, while answering the point

raised by me in the Negative, I pass the following.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2521

ORDER

The reference is Rejected.

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

signed by me on 29th January, 2014)

S. N. NAVALGUND, Presiding Officer

ANNEXURE - I

Witnesses examined:

MW 1 - Sh. Vadiraj P. Bhat, Enquiry Officer

WW 1 - Sh. R. Thimmaraj, I Party Workman

Documents exhibited on behalf of management:

Ex M-1

:

Copy of Settlement between the Subordinate

temporary staff and the second party bank

dated 17.11.1987.

Ex M-2

:

Copy of Settlement between the Subordinate

temporary staff and the second party bank

dated 16.07.1988.

Documents exhibited on behalf of the I Party:

Ex W-1

:

Certificate dated 31.03.1986 issued by the

Branch Manager, Richards Town of the second

party bank wherein it has been stated that the

first party has worked as a temporary

messenger for a period of 37 days during

October and November, 1985.

Ex W-2

:

Certificate issued by the Branch Manager, J.C.

Road Branch of the second party bank wherein

it is certified the first party having worked for

15 days in September 1986, 20 days in October

1986, 19 days in November 1986 and 6 days in

December 1986 totaling for a period of 60 days.

Ex W-3

:

Certificate issued by the Branch Manager,

Kacharakanahalli Branch of the second party

bank wherein it has been certified that the first

party having worked in that branch for 17 days

from 29.11.1984 to 30.11.1984, 13.04.1987 to

28.04.1987 as temporary messenger.

Ex W-4

:

Certificate issued by the Asst. General

Manager, St. Mark's Road branch of the second

party bank certifying his temporary service

from 1.04.1992 to 31.12.1992 and 1.06.1993 to

31.03.1994 (405 days).

Ex W-5

:

Certificate issued by the Asst. General

Manager, St. Mark's Road branch of the second

party bank certifying his temporary service

from September 1994 to February 1995 (164

days).

Ex W-6

:

Certificate issued by the Asst. General

Manager, St. Mark's Road branch of the second

party bank certifying his temporary service

from 1.03.1995 to 27.04.1995 (34 days).

Ex W-7

:

Certificate issued by the Asst. General

Manager, St. Mark's Road branch of the second

party bank certifying his temporary service

from October 1995 to August 1996 (196 days).

Ex W-8

:

Certificate issued by the Branch Manager,

Ulsoor branch of the second party bank

certifying his temporary service from 27.9.1999

to 30.09.1999, 1.10.1999 to 15.10.1999 &

8.12.1999 to 17.12.1999 (25 days).

Ex W-9

:

Certificate issued by the Branch Manager,

Church Street Branch of the second party bank

certifying his temporary service from 08.05.1999

to 11.05.1999, 15.05.1999, 17.05.1999 to

17.12.1999 (20 days).

Ex W-10 :

Certificate issued by the Asst. General

Manager, Ulsoor Branch of the second party

bank certifying his temporary service from

31.01.2000 to 03.02.2000, 05.02.2000 to

29.02.2000, 01.03.2000 to 13.03.2000, 03.04.2000,

19.04.2000 to 29.04.2000 & 08.05.2000 to

31.05.2000 ( 60 days).

Ex W-11 :

Letter issued by the Deputy General Manager,

Church Street Branch addressed to the first

party regarding Writ Petition No. 13640/2000

filed by the first party regarding considering

his candidature for appointment.

Ex W-12 :

Xerox copy of Ex. W11.

Ex W-13 :

Write Petition No. 13640/2000(S-REG) filed by

the first party before the Hon'ble High Court

of Karnataka dated 29th August, 2000.

Ex W-14 :

Letter addressed to the Branch/Chief Manager

dated 15th September 2000 by the Assistant

General Manager regarding WP. No. 13640-

13643/2000.

Ex W-15 :

Copy of Writ Petition No. 14812, 14813, 14815,

& 14817/1985.

Ex W-16 :

Letter issued by the Chief Manager (P&HR)

regarding recruitment of permanent part time

general attendants.

Ex W-17 :

Letter issued by the Chief Manager (P&HR)

regarding absorption of temporary employees.

Ex W-18 :

Advertisement appeared in Decan Herald

News paper dated 1st August, 1998 regarding

State Bank of India, Church Street, Bangalore

settlement dated 17th November 1987.

Ex W-19 :

Copy of Application-cum-declaration signed

by the first party dated 26.03.1995.

2522

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

Ex W-20 :

Interview letter issued by the Chief Manager,

(P) to the first party dated 24.02.1995.

Ex W-21 :

Copy of 'C' list of employees of the second

party bank.

Ex W-22 :

Copy of the Bipartite agreement dated

07.05.1991.

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New Delhi, the 26th February, 2014

S.O. 956.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 28/2010)

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

Ernakulam as shown in the Annexure, in the industrial

dispute between the manatgement of Union Bank of India

and their workmen, received by the Central Government on

26-02-2014.

[No. L-12012/50/2010-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present : Shri D. Sreevallabhan, B.Sc. LL.B,

Presiding Officer

(Friday the 12th day of July, 2013/21st Ashadha, 1935)

I.D. 28/2010

Workman

:

Shri Manoj V

S/o. Shri Velayaudhan

Mattukkad House

Copalmannam PO

Palghat-678702

By M/s. H.B. Shenoy Associates

Management :

The Deputy General Manager

Union Bank of India

Nodal Regional Office

Ernakulam

By Adv. K.S. Ajayagosh

This case coming up for final hearing on 11.07.2013

and this Tribunal-cum-Labour Court on 12.07.2013 passed

the following:

AWARD

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 (14 of 1947), the Government

of India/Ministry of Labour by its Order No.-L-12012/50/

2010-IR(B-II) dated 07.10.2010 referred the following

industrial dispute to this tribunal for adjudication.

2. The dispute is:

"Whether the action of the management of Union

Bank of India in not considering the candidature of

Shri Manoj for regular appointment and the

subsequent action in terminating him from its services

without adhering to the provisions of the ID Act is

fair and justifiable? What relief the workman is entitled

to?"

3. After receipt of summons both parties entered

appearance. Workman field claim statement alleging that

he was employed as part-time sweeper against regular and

permanent vacancy in the Coyalmannam Branch of the

management bank in the year 1997 and since then he was

continuously working without any break of service

discharging the duties of a regular and permanent part-

time sweeper as also that of a regular and permanent peon

and at times a regular and permanent clerk as required by

the bank without payment of adequate remuneration until

he was illegally terminated from service on 27.11.2005

without complying with the mandatory procedure provided

under Section 25F of the Industrial Disputes Act and in

violation of the provisions in paragraphs 522 to 524 of the

Sastri Award. Since his retrenchment was effected retaining

the workmen junior to him in violation of Section 25G of

the Industrial Disputes Act and para 507 of Sastri Award

and fresh hands were employed immediately without

affording opportunity to him for re-employment in violation

of Section 25H of the Industrial Disputes Act, clause 20.12

of First Bipartite Settlement dated 19.10.1966 and paragraph

493 of Sastri Award he is entitled to be regularized and to

be afforded regular appointment in the permanent services

of the management bank. Hence he prays for his

reinstatement with continuity of service, full back wages

and other attendant benefits as a permanent part-time

sweeper.

4. Management bank filed written statement

challenging the validity of the reference by contending

that the workman was not employed through selection

process and that there exists no industrial dispute as he is

not a workman coming under Section 2(s) of the Industrial

Disputes Act. After denying the allegations in the claim

statement it is further contended that he was not employed

by the management bank against a regular/sanctioned/

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2523

permanent post and hence there is no question of

retrenchment as envisaged under Section 25F of the

Industrial Disputes Act and paragraphs 507, 522 to 524 of

the Sastri Award. He is not entitled for reinstatement or for

regularisation as claimed by him.

5. Workman filed replication refuting the contentions

in the written statement and reaffirming the allegations in

the claim statement.

6. Afterwards when the case stood posted for

evidence workman was continuously absenting himself

without any representation. In spite of several

adjournments he did not turn up to adduce any evidence

and hence he was set ex-parte. As the burden of proof lies

on the workman to prove his case in view of the contentions

raised in the written statement management did not adduce

any evidence. No evidence, either oral or documentary,

was adduced by him to prove his case. The initial burden

cast upon him to prove that he is a workman coming within

the definition of Section 2(s) of the Industrial Disputes Act

and his service was illegally terminated by the management

in violation of the statutory procedure provided under

Section 25F of the Industrial Disputes Act is not discharged

by him by adducing any evidence. Hence it can only be

held that the action of the management in not considering

the candidature of the workman for regular appointment

and the termination of his services is legal and justifiable.

7. In the result an award is passed finding that the

action of the management terminating the services of the

workman without considering his candidature for regular

appointment is fair and justifiable and hence he is not

entitled to any relief.

The Award will come into force one month after its

publication in the Official Gazette.

D. SREEVALLABHAN, Presiding Officer

APPENDIX - NIL

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New Delhi, the 26th February, 2014

S.O. 957.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No. 2/2011

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

Bhubaneswar as shown in the Annexure, in the industrial

dispute between the mangament of Paradip Port Trust and

their workmen, received by the Central Government on 26/

02/2014.

[No. L-38011/3/2010-IR (B-II)]

RAVI KUMAR, 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. 2/2011

Date of Passing Order-12th August, 2013

Between:

1. The Director, Chennai Radha

Engineering Works, Site Office-M.C.H.P.

Paradip, A./Po. Paradip,

Distt. Jagarsinghpur (Orissa)

2. The Chairman, Paradip Port

Trust, At./Po. Paradip, Distt. Jagatsinghpur, Orissa.

... 1st Party-Managements.

(And)

The General Secretary, Paradip

Port Dock & Construction Workers Union,

Qr. No. M-C/80, Madhuban, Paradip Port,

At.Po. Paradip, Distt. Jagatsinghpur, Orissa.

...2nd Party-Union.

Appearances:

M/s. B.K. Nayak,

...

For the 1st Party-

Advocate

Management No. 1

Shri Deepak Rath,

...

For the 1st Party-

E.E. Mech.

Management No. 2

Shri A.K. Acharya,

...

For the 2nd Party-

Auth. Represenative.

Union.

ORDER

The 1st Party-Management No. 1 has moved a

petition in this Tribunal on 28.6.2013 stating that the present

case may be disposed of by passing proper order in view

of the order dated 3.5.2012 passed by the Hon'ble High

Court of Orissa in Review Petition No. 153/2011.

2. The allegation of the party moving the above

petition is that the present I.D. case was referred by the

2524

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

Central Government for adjudication to this Tribunal in

pursuance of the order dated 15.11.2010 passed by the

Hon'ble High Court of Orissa in W.P. (C) No. 12994/2010.

But in Review Petition No. 153/2011 the order dated

15.11.2010 passed in the above W.P. has been recalled on

3.5.2012 and the dispute between the parties was directed

to be placed for conciliation. Accordingly the dispute was

placed for conciliation. But on failure of conciliation, a failure

report was submitted to the Government and the

Government, in turn, has referred the dispute to this Tribunal

vide letter dated 31.01.2013, which has already been

registered as I.D. Case No. 7/2013. Therefore the present

I.D. case has become infructuous.

3. The 2nd Party-Union has not filed any objection

to this petition.

4. I have heard both the parties and perused the

materials on record incuding the orders passed by the

Hon'ble High Court in W.P. (C) No. 12994/2010 and Review

Petition No. 153/2011 (arising out of W.P.(C) No. 12994/

2010). I have also perused the file of I.D. Case No. 7/2013.

5. Upon due consideration of all the materials placed

before me it becomes apparently clear that this I.D. case

was referred by the Central Government in view of the

order dated 15.11.2010 passed by the Hon'ble High Court

of Orissa in W.P.(C) No. 12994/2010. But subsequently this

order was recalled by the Hon'ble High Court vide its order

dated 3.5.2012 passed in Review Petition No. 153/2011

(arising out of W.P.(C) No. 12994/2010). Therefore the

reference made vide letter dated 12.12.2010 by the Central

Government in pursuance of the order dated 15.11.2010

has been set at naught and became infructuous at the

moment when the order dated 15.11.2010 was recalled by

the Hon'ble High Court of Orissa vide its order dated

3.5.2012. It is further apparent that by virtue of order dated

3.5.2012 a fresh reference has been made to this tribunal by

the Central Government vide its letter dated 31.1.2013 which

has been registered as I.D. Case No. 7/2013. Therefore the

present reference cannot proceed along with I.D. Case No.

7/2013 as both the references have arisen out of the same

industrial dispute, though one point of dispute has been

left over by the Government in I.D. Case No. 7/2013. But

that makes no difference as the present dispute has become

non-existent in view of the recall order dated 3.5.2012 of

the Hon'ble High Court of Orissa.

6. In view of the above, the present reference is liable

to be returned un-answered. The reference is accordingly

returned to the Government unanswered for necessary

action at its end.

JITENDRA SRIVASTAVA, Presiding Officer

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 958.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUæh; ljdkj pSUubZ iru U;kl

ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k

esa fufnZ"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; pSUubZ ds iapkV ¼lanHkZ lañ 16@2013½ dks izdkf'kr djrh gS

tks dsUæh; ljdkj dks 26-02-2014 dks izkIr gqvk FkkA

[lañ ,y&33011@2@2012&vkbZñvkjñ ¼ch&II½]

jfo dqekj] vuqHkkx vf/kdkjh

New Delhi, the 26th February, 2014

S.O. 958.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. No. 16/2013

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

Chennai as shown in the Annexure, in the industrial

dispute between the management of Chennai Port Trust

and their workmen, received by the Central Government on

26/02/2014.

[No. L-33011/2/2012-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Thursday, the 13th February, 2014

Present :

K.P. PRASANNA KUMARI,

Presiding Officer

Industrial Dispute No. 16/2013

(In the matter of the dispute for adjudication under

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

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

the Management of Chennai Container Terminal (Pvt.) Ltd.

[CCTL(DP World) and their workman]

BETWEEN :

The General Secretary

:

1st Party/Petitioner Union

The Madras Port Trust Employees' Union

SCC Anthony Pillai Bhawan, No. 34 (Old No. 9)

Second Line Beach

Chennai-600 001

AND

The General Manager— :

2nd Party/Respondent

HR/IR & Admn.

Chennai Container Terminal P. Ltd. (DP World)

Chennai Port Trust Administrative Building

Ground Floor, No. 1, Rajaji Salai

Chennai-600001

Appearance:

For the 1st Party/Petitioner Union : M/s K.M. Ramesh,

Advocates

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2525

For the 2nd Party/

:

M/s.S. Ramasubramaniam and

Respondent

Associates, Advocates

AWARD

The Central Government, Ministry of Labour &

Employment, vide its order No. L-33011/2/2012-IR (B-II)

dated 31.01.2013 referred the following Industrial Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the action of the management of Chennai

contractor Terminal (Pvt.) Ltd. [CCTL(DP World],

Chennai Port Trust Administrative Building, Chennai

in not deducting the Union subscription for a list of

30 employees (as per list attached) belonging to The

Madras Port Trust Employees; Union from their salary

w.e.f July 2011, despite authorization from the

individual employees is legal and justified? If not to

what relief the workmen are entitled to?

2. On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 16/2013 and issued notices to both

sides. Both sides have entered appearance through their

counsel and have filed Claim and Counter Statement

respectively.

3. The case has been posted for evidence. While so,

the petitioner has filed a memo stating that the General

Secretary of the Petitioner Union had bilateral talks with

the Respondent Management and the Management had

given positive assurance that the issue pending in the ID

will be looked into. Because of this, the petitioner wanted

to withdraw the Industrial Dispute with liberty to agitate

the same if need arises in future.

4. In view of the memo of the petitioner there is no

necessity to proceed with the case. The ID is allowed to be

withdrawn with liberty to raise the issue again in case of

necessity.

An award is passed accordingly.

(Dictated to the P.A., transcribed and typed by him,

corrected and pronounced by me in the open court on this

day the 13th February, 2014).

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

:

None

For the 2nd Party/Management

:

None

Document Marked:

On the petitioner's side

Ex. No.

Date

Description

Nil

On the Management's side

Ex.No.

Date

Description

Nil

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 959.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

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

vfèdj.k@Je U;k;ky; v:ukdqye ds iapkV ¼lanHkZ lañ 2@2012½

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 26-02-2014 dks izkIr

gqvk FkkA

[lañ ,y&12012@47@2011&vkbZvkj ¼ch&II½]

jfo dqekj] vuqHkkx vf/kdkjh

New Delhi, the 26th February, 2014

S.O. 959.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 2/2012 of the

Cent. Govt. Indus. Tribunal-cum-Labour Court, Ernakulam

as shown in the Annexure, in the Industrial dispute between

the management of Central Bank of India and their workmen,

received by the Central Government on 26/02/2014.

[No. L-12012/47/2011-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present: Shri D. Sreevallabhan, B.Sc., LL.B.,

Presiding Officer

(Wednesday the 27th day of March, 2013/6th Chaitra, 1935)

I.D. 2/2012

Workman

:

Smt. Sunithakumari V.

Vizhinjam Street

Vizhinjam P.O.

Trivandrum District

Kerala.

By Adv. Shri Ravindranathan N.S.

Management :

The Assistant General Manager

Central Bank of India

Regional Office

Thyvila Road

Trivandrum

By M/s Peter & Karunakar

2526

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

This case coming up for final hearing on 26.03.2013

and this Tribunal-cum-Labour Court on 27.03.2013 passed

the following:

AWARD

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, the Government of India,

Ministry of Labour by its Order No. L-12012/47/2011-IR

(B-II) dated 14.12.2011 referred this industrial dispute to

this Tribunal for adjudication.

2. The dispute is:

"Whether Smt. Sunithakumari V., was in continuous

service w.e.f. 1993 with Central Bank of India, Kovalam

Branch and her retrenchment w.e.f. 05.11.2010 was in

accordance with the provisions of Industrial Disputes

Act, 1947 and her demand for regularisation/

reinstatement is genuine? What relief the workman

is entitled to?"

3. After receipt of summons both parties entered

appearance and while proceeding with the case after

submitting pleadings by them, the Learned Cousel for the

workman has submitted that the workman was appointed

in the sub-staff cadre as 'Safai Karmachari-cum-Peon' w.e.f.

18.03.2013 and it is not necessary to further proceed with

the case. An affidavit was filed to that effect on 22.03.2013.

In the affidavit, it was stated that the industrial dispute

may be treated as settled without prejudice to the right of

the workman to have recourse to take appropriate steps to

realize the monetary benefits based on her past service in

the management bank as a temporary employee. It was

objected to by the Learned Cousel for the management

submitting that it is not a full and final settlement to be

accepted to close the reference. At that time the Learned

Counsel for the workman has submitted that the

appointment can be accepted as full and final settlement

and hence it is not necessary to have any adjudication of

the industrial dispute. A memo is also filed to that effect.

Therein it is expressly made clear that there is a full and

final settlement and hence the reference can be closed

without any adjudication. As there is no reason to further

proceed with this case the reference is closed.

The Award will come into force one month after its

publication in the Official Gazette.

Dictated to the Personal Assistant, transcribed and

typed by her, corrected and passed by me on this the 27th

day of March, 2013.

D. SREEVALLABHAN, Presiding Officer

APPENDIX - NIL

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 960.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ;qfu;u cSad vkQ

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@Je U;k;ky; v#ukdqye ds iapkV ¼lanHkZ lañ 27@2012½ dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 26-02-2014 dks izkIr gqvk

FkkA

[lañ ,y&12011@120@2011&vkbZvkj ¼ch&II½]

jfo dqekj] vuqHkkx vf/kdkjh

New Delhi, the 26th February, 2014

S.O. 960.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 27/2012 of

the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Ernakulam as shown in the Annexure, in the Industrial

dispute between the management of Union Bank of India

and their workmen, received by the Central Government on

26/02/2014.

[No. L-12011/120/2011-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present : Shri D. Sreevallabhan, B.Sc., LL.B,

Presiding Officer

(Tuesday the 30th day of April, 2013/10th Vaisakha, 1935)

I.D. 27/2012

Workman

:

The General Secretary

Union Bank of India Employees Union

(Kerala)

'Chirayil', Malavila

Vedivechancoil PO

Kerala-695 501

Management :

The Deputy General Manager

Union Bank of India

Regional Office

Union Bank Bhavan, Statue

Trivandrum-695 001

By Adv. K.S. Ajayagosh

This case coming up for final hearing on 29.04.2013

and this Tribunal-cum-Labour Court on 30.04.2013 passed

the following:

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2527

AWARD

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 (14 of 1947), the Government

of India, Ministry of Labour by its Order No.-L-12011/120/

2011-IR(B-II) dated 26.09.2012 referred this industrial dispute

to this Tribunal for adjudication.

2. The dispute is:

"Whether the action of the management of Union

Bank of India in imposing the punishment of

"Bringing him down to a lower stage in the scale of

pay by two stages" on Shri C. A. Jameskutty after

his retirement vide Order dated 10.02.2010, is legal

and justified and is against the provisions of the

disciplinary action procedures dated 10.04.2002?

What relief Shri C. A. Jameskutty is entitled to?"

3. After receipt of the ID in this Tribunal, summons

was issued to both the parties. After accepting summons

the management alone entered appearance. In spite of

several adjournments union did not enter appearance and

file any claim statement. Hence the union was set ex-parte.

4. The management filed affidavit to satisfy that the

action taken against the workman for imposing the penalty

is legal and justifiable. Since the union has not appeared

and remained ex-parte without filing any claim statement it

can be held that the action taken by the management is

legal and justifiable based on the averments in the affidavit

filed by the management.

5. In the result an award is passed holding that the

action taken by the management against the workman for

imposing the penalty of "Bringing him down to a lower

stage in the scale of pay by two stages" is legal justifiable

and is not violative of the provisions of the disciplinary

action procedures dated 10.04.2012. Hence the workman is

not entitled to any relief.

The Award will come into force one month after its

publication in the Official Gazette.

Dictated to the Personal Assistant, Transcribed and

typed by her, corrected and passed by me on this the 30th

day of April, 2013.

D. SREEVALLABHAN, Presiding Officer

APPENDIX-NIL

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 961.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lSaVªy cSad vkWQ

bafM;k ds izca/kra= ds laca) fu;ktdksa vkSj muds deZdkjksa ds chp

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

vfèdj.k@Je U;k;ky; v:ukdqye ds iapkV ¼19@2012½ dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 26-02-2014 dks izkIr gqvk

FkkA

[lañ ,y&12012@48@2011&vkbZ vkj¼ch&II½]

jfo dqekj] vuqHkkx vfèdkjh

New Delhi, the 26th February, 2014

S.O. 961.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. 19/2012) of

the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Ernakulam as shown in the Annexure in the Industrial

Dispute between the management of Central Bank of India

and their workmen, received by the Central Government on

26/02/2014.

[No. L-12012/48/2011-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present: Shri D. Sreevallabhan, B.Sc., LL.B,

Presiding Officer

(Wednesday the 27th day of March, 2013/06th Chaitra 1935)

I.D. 19/2012

Workman:

Smt. Syamala L.

Sunil Mandiram

Kovalam PO

Trivandrum Distt.

Kerala.

By Adv. Shri Ravindranathan N.S.

Management:

The Assistant General Manager

Central Bank of India

Regional Office

Thyvila Road

Trivandrum (Kerala)

This case coming up for final hearing on 26.03.2013

and this Tribunal-cum-Labour Court on 27.03.2013 passed

the following:

AWARD

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 (14 of 1947), the Government

2528

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

of India, Ministry of Labour by its Order No-L-12012/48/

2011-IR(B-II) dated 29.05.2012 referred the following

industrial dispute to this Tribunal for adjudication:

"Whether Smt. Syamala L. was in continuous service

with Central Bank of India, Kovalam Branch w.e.f.

1997 and her retrenchment w.e.f. 05.11.2010 was in

accordance with the provisions of Industrial Disputes

Act, 1947? Whether her demand for reinstatement/

regularisation is genuine? To what relief the workman

is entitled?"

2. The workman filed claim statement challenging

the legality and validity of her retrenchment by the

management bank and making the prayer to reinstate her

with back wages and attendant benefits. At the time when

the case stood posted for filing written statement learned

counsel for the workman has submitted that the workman

was appointed in the sub-staff cadre as 'Safai Karmachari-

cum-Peon' w.e.f. 18.03.2013 and hence there is no necessity

to further proceed with this case. An affidavit was filed to

that effect on 22.03.2013. But in the affidavit, it is stated

that the industrial dispute may be treated as settled without

prejudice to the right of the workman to have recourse to

take appropriate steps to realize the monetary benefits based

on her past service in the management bank as a temporary

employee. It was objected to by the learned counsel for the

management submitting that it cannot be termed as a full

and final settlement and hence cannot be accepted to close

the reference. At that time learned counsel for the workman

has submitted that it is not necessary to have any

adjudication about it since the appointment can be accepted

as full and final settlement. A memo was filed to that effect

on 26.03.2013. Therein it is expressly made clear that there

is a full and final settlement and hence there is no necessity

to have any adjudication of the dispute in this case. There

is no reason to further proceed with this case and so the

reference is closed.

The Award will come into force one month after its

publication in the Official Gazette.

Dictated to the personal Assistant, transcribed and

typed by her, corrected and passed by me on this the 27th

day of March, 2013.

D. SREEVALLABHAN, Presiding Officer

APPENDIX-NIL

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 962.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ch lh lh ,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 84 dk 2004½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 26@02@2014 dks izkIr gqvk

FkkA

[lañ ,y&20012@46@2004&vkbZ vkj ¼lh&I½]

,eñ dsñ ¯lg] vuqHkkx vf/kdkjh

New Delhi, the 26th February, 2014

S.O. 962.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 84/2004 of

the Cent. Govt. Indus, Tribunal-Cum-Labour Court No 2,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL, and their

workmen, received by the Central Government on

26/02/2014.

[No. L-20012/46/2004-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT: Shri Kishori Ram, Presiding Officer

In the matter of an Industrial Dispute under Section

10(1) (d) of the I.D. Act., 1947

REFERENCE No. 84 OF 2004

PARTIES: :

The Vice President,

Bihar Pradesh Colliery Mazdoor Congress,

Gandhi Road, Dhanbad.

Vs. The General Manager, Kustore Area of

M/s BCCL, Kustore, Dhanbad.

APPEARANCES:

On behalf of the workman/

: Mr. M.N. Rewani,

Union

Ld. Advocate

On behalf of the Management : Mr. U.N. Lal,

Ld. Advocate

State

: Jharkhand

Industry

: Coal

Dated, Dhanbad, the 29th Jan., 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under Sec. 10

(1)(d) of the I.D. Act., 1947 has referred the following dispute

to this Tribunal for adjudication vide their Order No.

L-20012/46/2004-IR(C-I) dt. 28.06.2004.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2529

SCHEDULE

"Whether the action of the Management of Hurriladih

Colliery, Kustore Area of M/s. BCCL, P.O. Kustore,

Dist: Dhanbad in dismissing Sri Khagan Roy, Miner

Loader from the services of the company vide order

dated 10.11.2003 is just, fair and legal? If not, to what

relief is the said workman entitled?.

2. Consequent upon the restoration of Misc Case

No. 2/2006 to the present reference case as per the Order

No. 18 dt. 9.2.2012 of the Tribunal, the reference Case which

was earlier closed as No Dispute as per the Order No. 6 dt.

12.7.2005 again came into existence from proper hearing.

3. The case of sponsoring Bihar Pradesh Mazdoor

Congress (B.P.M.C.), Gandhi road, Dhanbad form workman

Khagan Ray is that he was a permanent employee as a

Miner Loader (Pers No. 02939-536) of Hurriladih Colliery,

Kustore Area of M/s. BCCL. On account of his seriously

illness and treatment under Dr. A. Panja, he absented from

his duty w.e.f. 9.8.1996. He was charge sheeted for it on

23.06.1997. Though it was not served upon him, he

submitted his reply to it along with his treatment

documents. Thereafter, the management neither conducted

any enquiry nor permitted him to join his duty despite his

several times efforts for it. When he lastly raised the

Industrial Dispute Case No. 1/41/2003-ALC(R) though the

Union concerned, the management issued him the Inquiry

Notices dt. 1st and 21st March, 2003 respectively, setting

up the inquiry against the workman after a lapse of six

years. The enquiry proceedings was finally but illegally

conducted by the Management on 10.6.2003 during the

pendency of the Industrial dispute by taking his signature

therein, as the workman had though not participated. The

workman had informed of his absence through U.C.P. to

the Management. After alleged enquiry, the Enquiry Officer

submitted his enquiry report, alleging the workman guilty

of the charges levelled against him; likewise the

management without cogent reason dismissed him from

his employment on and from 10.11.2003 under 26.1.1. of the

Certified Standing Order of M/s. BCCL applicable only to

habitual absentee, but he was not a habitual absentee. He

being an illiterate was unaware of the rules and regulations

of the Company.

4. The Union concerned in its rejoinder has

categorically denied all the allegations of the O.P./

Management, stated the workman has no past record of

his absentism. The entire enquiry matter was only the table

task of the Management. The entire enquiry proceeding

after six years of issuing alleged charges on 23.6.1997 was

null and void; so the dismissal of the workman was illegal

without awarding him any minor penalty.

5. Whereas specifically denying the allegations of

the Union/workman, the contra case of O.P./Management

is that workman Khagan Rai was a permanent employee

working as a Miner Loader of the said colliery, but he was

a habitual absentee. For his absentism from 9.8.96, he was

chargesheeted under clause 26.1.1. of the Certified Standing

Orders of the Company as per the chargesheet dt. 23.6.1997.

No written explanation or reply was submitted by him. Mr.

A.K. Jha, the Personnel Manager as the Enquiry Officer as

per the Management's letter dt. 1/22.3.2003 of his

appointment conducted the enquiry in accordance with

the natural justice, as the workman had participated just as

Sri Munilal the Labour Inspector as the Management

Representative had presented in it, and he was given full

opportunity for his defence. He had no complain of the

enquiry. On examination of the past records of the workman,

his attendance was 127, 21 and 17 days in the last three

years 1994 to 1996 respectively. The Enquiry Officer

submitted his enquiry report, holding the charges proved

as levelled against the workman. The Disciplinary

Authority applied his mind to it, and accordingly imposed

upon him the punishment of dismissal as per the letter dt.

10.11.2003. The Industrial dispute was raised by the Union

concerned as per its letter dt. 12.7.2003 by alleging the

workman having been kept by the management away from

his duty. The reply to it was submitted by the Management

as per its letter dt. 10.11.2003. Since the workman was a

habitual absentee, the action of the management in

dismissing the workman from service is just, fair and quite

reasonable; therefore, the workman is not entitled to any

relief. Besides, the management sought an opportunity for

leading evidence to prove the case in case the enquiry

found to be unfair and improper.

FINDING WITH REASONS

6. In the instant case, on acceptance of the Union/

workman to the domestic enquiry as fair and proper as per

his petition dt. 22.11.12, the Tribunal as per its Order No. 17

dt. 11.1.2013 held it fair and in accordance with the priniciple

of natural justice, and accordingly the enquiry papers were

marked as relevant Extts. for consideration. Then, it came

up for hearing final argument of both parties on merits.

Mr. M.N. Rawani, Learned Counsel for the union/

workman concerned submits that due to his illness and

treatment for it under Dr. A. Panja, the workman absented

from 9.8.1996; through he had already submitted his

documents, the management issued him the charge sheet

on 28.6.1997 (Ext. M.1). Further it has been insistently

submitted on his behalf that the managment after the

chargesheet neither conduced and enquiry against the

workman nor permitted him to join his duty despite his

2530

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

efforts; at last, the Industrial dispute No. 1/41/2003 was

filed on his behalf before the A.L.C., (C), and at the receipt

of its notice, the management issued the enquiry notices

on 1st & 3rd/21st March, 2003 (Ext. M-2 series) respectively

after more than six years, and after the enquiry as per the

enquiry proceedings (six sheets dt. 25.3.2003 to 10.6.03—

Ext. M.3), the Enquiry Officer submitted his enquiry report

(dt. 17.6.2003—Ext. M.4) against the workman, and the

Management of Hurriladih Colliery as per its letter dt.

10.11.2003 (Ext. M.5) outright dismissed him which immediate

from the service of the company for the alleged proved

misconduct of absenteeism from 09.08.1996 under sub-

clause 26.1.1. of the Certified Standing Orders of the

Company, and the said dismissal punishment as awarded

to the workman was not legal and proper in view of his

reasonable absentism; moreover, his previous record of

attendance has not been proved by the Management in

the case.

Just contrary to it, Mr. U.N. Lal, the Learned Counsel

for the O.P./Management has contended that in view of

the proved charges of unauthorized absentism against the

workman, the management by taking into account had

rightly awarded him with his dismissal punishment for his

said misconduct.

7. On the perusal and consideration of the materials

on the case record, it appears the indisputable fact that the

workman was Miner Loader of Hurriladih Colliery, Kustore

Area of M/s BCCL, the present chargesheet of Enquiry

Report (Extt. M.1) & 4 respectively nowhere refers to his

such previous misconduct of absentism. At variance with

the facts, I find the following facts:

(i) The workman in his oral statement had justified

for his absentism due to falling sick and his

treatment for it under Dr. A. Panja, though he had

informed of it to the management through the

U.C.P.

(ii) After more than five years of the chargesheet dt.

28.6.1997 related to his absentism w.e.f. 9.8.1996,

the departmentary set in on 01.03.2003

unjustifiably against the workman who had earlier

filed his I.D. Case No. 1/41/2003 before the A.L.C.

At this point, I am of the view as held by the

Hon'ble Apex Court in case of P.V. Mahadevan

V.M.D., Tamil Nadu Housing Board, 2005 LLR(SN)

1010 (SC) that a charge memo as well as the

disciplinary proceeding was initiated after 10 years

(here after more than five years) are liable to be

quashed since it will be very prejudicial to the

delinquent employee. Similarly Hon'ble Delhi High

Court held in the case of M.L. Tahiliani Vs. Delhi

Development Authority, 2002 LLR 981 (Del. H.C.)

that initiation of disciplinary action after four years

of detection of misconduct will be quashed.

(iii) In view of the nature of alleged absentism, the

punishment of dismissal to the workman appears

to be too harsh, smacking vindictiveness and

unfair, labour practice of the management. So the

dismissal order is liable to be set aside.

In result, it is, in the terms of the reference, hereby

responded, and accordingly.

ORDERED

That the Award be and the same is passed that the

action of the management of Hurriladih Colliery, Kustore

Area of M/s. BCCL, P.O. Kustore, Dist: Dhanbad, in

dismissing Shri Khagan Roy, Miner Loader from the service

of the Company vide order dt. 10.11.2003 is quite unjust,

unfair and illegal. Hence, the workman is entitled to his

reinstatement but without back wages. The O.P./

management is directed to implement the Award within one

month from the receipt of its copy following its publication

in the Gazette of India. Let the copies—one soft and one

hard of the Award be sent to the Ministry of Labour,

Government of India, New Delhi for needful.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 963.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y ds

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FkkA

[lañ ,y&20012@196@2002&vkbZ vkj ¼lh&I½]

,eñ dsñ ¯lg] vuqHkkx vf/kdkjh

New Delhi, the 26th February, 2014

S.O. 963.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 11/2003)

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

2, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL, and their

workmen, received by the Central Government on 26/02/

2014.

[No. L-20012/196/2002-IR(C-I)]

M. K. SINGH, Section Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2531

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT:

SHRI KISHORI RAM, Presiding Officer.

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act., 1947.

REFERENCE NO.11 OF 2003.

PARTIES : The Secretary,

Rastriya Colliery Workers Federation, Sijua

Area No. 5., Banjora

No. 12, Dhanbad.

Vs. The General Manager,

Sijua Area No. 5 of M/s BCCL, PO: Sijua,

Dhanbad.

APPEARANCES:

On behalf of the workman/Union

:

Mr. S.N. Goswami,

Ld.Advocate

On behalf of the Management

:

Mr. D.K. Verma,

Ld.Advocate

State

:

JHARKHAND

Industry :

Coal

Dated, Dhanbad, the 31th Jan., 2014.

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec.10(1)(d)

of the I.D. Act., 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

196/2002/IR(C-I) dt. 10.12.2002

SCHEDULE

"Whether the action of the Management of

Kanakanee Colliery, Sijua Area of M/s BCCL to

dismiss the services of Late Ramjivan Ram w.e.f.

18.06.1998 vide order dated 27.06.1998 is proper and

justified? If not, to what benefits Smt. Babita Devi,

the dependent wife of the workman concerned (since

deceased) is entitled?"

On receipt of the Order No.L-20012/196/2002-IR(C-I)

dated 10.12.2002 of the above mentioned reference from

the Government of India, Ministry of Labour, New Delhi

for adjudication of the dispute, the reference Case No. 11

of 2003 was registered on 7th January, 2003 and accordingly

an order to that effect was passed to issue notices through

the Registered Post to the parties concerned, directing them

to appear in the Court on the date fixed, and to file their

written statements along with the relevant documents. In

pursuance of the said order, notices by the Registered Post

were sent to the parties concerned.

Both the parties made their appearances personally

and through their Ld. Adovactes respectively filed their

pleadings and their documents concerned.

2. The case of the sponsoring Rastriya Colliery

Workers Federation, Sijua Area for workman Ramjivan Ram

is that he was a permanent workman who had been working

as a Miner/Loader since long at Kankanee Colliery of M/s

BCCL there. He had reported for his duty on 21.7.1996, but

after completing his duty, he did not return his home, since

then, he had been missing. Since he was suffering from

mental illness, he directly visited the Indira Gandhi Institute

of Medical Science for his treatment beyond the knowledge

of his family members. When they began to search for him

through his friends and relatives after knowing it, his

whereabouts could not be traced out. Unfortunately he

died in the year 1998, and then his family members got

knowledge of it. Consequently, an F.I.R. was lodged about

his missing, as well as it was also informed of it to the

Management several times, whereas the management was

fully aware of it. Though his wife Babita Devi had duly

reported of his husband missing, then she represented to

the management for the employment under the provisions

of NCWA, the Management informed her of her husband

having been allegedly dismissed w.e.f. 18.6.1998 as per

Order dt. 27.6.1998. Neither a charge sheet nor an enquiry

notice was ever issued, so the plea of dismissal was a

camouflage to deprive her of her employment as dependant

of her late husband. The Management neither took

cognizance of it nor provided her employment. Hence, the

Industrial dispute raised before the Conciliation Officer

ended in failure due to adamant attitude of the

Management, resulting in the reference for an adjudication.

Therefore, the action of the Managing in dismissal of her

husband based on ex-parte enquiry was abinitio illegal,

null and void, and injustified. Dismissal was very harsh

and disproportionate to the alleged misconduct. Therefore,

the dependent wife of the workman is entitled to her

employment retrospectively with all arrears of wages and

consequential benefits.

The Union concerned in its rejoinder categorically

denied all the allegations of the O.P./Management, and

stated that though the family members of the workman had

already informed the management of all those facts, the

management completed all the formality of the alleged

enquiry biasedly.

3. On the other hand, the contra pleaded case of the

O.P./Management with specific denials is that the present

reference is unmaintainable, as workman Ramjivan Ram,

though a permanent worker/Miner Loader of Kankanee

Colliery, began to unauthorizedly absent from his duty w.e.f.

22.7.1996, so he was issued chargesheet No.91/96 dt.

4.11.1996 through Regd. Post for his misconduct under the

2532

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

certified Standing Order of the Company. It was also

published in the News Paper 'Janmat' on 20.6.1997. Despite

these facts, the workman neither reported for duty nor

replied to it nor participated in the enquiry. The Management

appointed the Enquiry Officer to conduct the domestic

enquiry concerning the chargesheet. After fairly and

properly holding the enquiry, according to the principle of

natural justice, the Enquiry Officer submitted his report,

holding the workman guilty of the charge. Then the

Disciplinary Authority dismissed the workman from the

services of the company which was legal and justified. So

Smt. Babita Devi, the wife of the workman is not entitled to

any relief, as the Industrial dispute was raised by the Union

on 3.4.2001 for her employment under clause 9.4.3 of the

NCWA. It provides for no employment to the dependent

of a dismissed employee. Besides, the wife of the workman

as per her application dt. 21.7.1998 had informed the

Management of her husband's missing since 22.7.1996. The

death certificate dt. 30.4.1998 issued by Indira Gandhi

Institute of Medical Science, and other Death Certificate

dt. 28.5.1998 produced by the Union concerned in the

Conciliation proceeding were palpably forged.

4. The O.P./Management in its rejoinder by

categorically denying the allegations of the Union has stated

that the story of the workman's sickness was a concoction

for the case; no Union could disclose the date of knowledge

about the workman's death. Moreover the chargesheet and

all the notices were sent by the Management on his

permanent home address as also published on the daily as

noted above. The dismissal of the workman was legal and

justified.

FINDING WITH REASONS

5. As the reference relates to dismissal of the

workman, so firstly the Management and then the Union

produced their own evidences based on their pleadings at

the preliminary issue as to the fairness and vice versa of

the domestic enquiry. On consideration of the evidence

oral and documentary both the parties, the Tribunal as per

its Order No. 31 dt. 20.07.12 held the domestic enquiry

though ex-parte yet fair, proper and adopting the principle

of natural justice. Hence, the it came up for hearing the

final argument of both the parties on merits.

Mr. S.N. Goswami, the Ld. Advocate for the Union

Representative/Petitioner Babita Devi the dependent wife

of late workman Ramjivan Ram as per his written argument,

has submitted that Late workman Ramjivan Ram as a

permanent employee had been working as SDL Operator at

Kankanee Colliery, Sijua No.-V of M/s BCCL since long

according to the photocopy of the Service Record (Ext.

W.2). The late workman had lastly performed his duty on

21.7.1995 since then he had not returned on his duty, and

absented from his duty thereafter. The matter of missing of

the workman was all along reported by one Rita Devi and

her dauthter (petitioner Babita Devi through their petitions

dt. 23/24.7.1996, 14.5.1997, 24.6.1997, 26-9-97 and 25.3.1998

(Extt. W.1 series) to the Management for her claim. It is also

submitted on her behalf that when the petitioner got the

knowledge through reliable sources that her husband died

on 30.04.1998 at Indira Gandhi Institute of Medical Science,

Shekapura, Patna (the photocopy of his death Certificate

dt. nil-Ext. W.3), as he was mentally disturbed ;thereafter

the petitioner filed her aforesaid representation for her

employment under clause 9.4.2. of NCWA-V, but her

representation was rejected on the ground that her deceased

husband was already dismissed w.e.f. 18.6.1998 as per the

Management's letter 27.6./22.7.1998 (Ext. M.8). After alleged

domestic enquiry, it is also submiteted on her behalf that

the dismissal of the deceased workman was without any

proper enquiry, as such she is entitled to employment under

the said provision.

On the other hand Mr. D.K. Verma, the Ld. Counsel

for the O.P./Management submitted in the term of reference

that the sponsoring union has no locus standi to raise the

I.D. of dead workman, because he was already dismissed

by the Management in the year 1998, after holding due and

proper enquiry for his misconduct of absentism, so his

dismissal was quite justified and proper. It is also contended

for the management no representative case lies during the

life time of the workman concerned who is now Dead, as

such petitioner Babita Devi is not entitled to any relief.

6. On perusal and due consideration of the materials

available on the case record, it appears no dispute as to the

fact that the workman was the employee of the Management

as Miner/Loader of the Kankanee Colliery of M/s BCCL as

per his Service Excerpt (its photocopy-Ext. W.2), which

bears his dates of birth and Appointment on 09.05.1964

and 15.02.1988 respectively as evident from his Absentee

Report of the Project Officer dt. 16.4.1998—Ext. M.6/1).

Besides, the other facts are as under:

(i) The fact of tracelessness or absentism of the

workman from his duty since 22.7.1996 is also

beyond any dispute.

(ii) Despite the Notices of the enquiry (Ext. M.1 and 3

Series) issued to the workmen even on his

permanent house address and its publication in

the daily Janmant dt. 11.6.97 (Ext. M.4) series) for

the domestic enquiry into the charge sheet dt.

4.11.1996 (Ext. M.2), his non-appearance resulted

in the enquiry proceeding as per its proceeding

(Ext. M.6 though ex-parte, yet validily. The enquiry

proceeding clearly reveals that petitioner Babita

Devi is the wife of the workman who had along

represented (her applications between 23.6.97 and

26.8.97—Extt. M.5 Series) for the claim for benefits

of money/employment on the ground of the

tracelessness of her husband. Meanwhile, on the

Enquiry Report dt. 30.7.1997 of the Enquiry Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2533

concerned following its approval of the Manager

on 8.8.97 (Ext. M.7), the workman was dismissed

from the service of the Management w.e.f.

18.6.1998 as per its letter dt. 27.6./22.7.1998 (Ext.

M.8).

(iii) The Death Certificate dt. 30.4.1998 of the workman

Ramjivan Ram (Ext. W.3) the petitioner had got on

the same date from the I.G.I.M.S., Shekhapura,

Patna-14, after knowing through her reliable

serices about the death of her traceless husband

on that date. It evidently indicates the death of

the traceless workman to have taken place at

I.G.I.M.S (Indira Gandhi Institute of Medical

Sciences), Patna, prior to his alleged dismissal as

per the Management's letter dt. 27.6./22.7.1998

w.e.f. 18.6.1998 (Ext. M.8), which is itself

retrospectively. The dismissal is infructuous.

In view of the aforesaid aspects, it is hereby

responded and accordingly:

ORDERED

That the action of the Management of Kanakanee

Colliery, Sijua Area of M/s BCCL to dismiss the services of

Late Ramjivan Ram w.e.f. 18.6.1998 vide order dt. 27.6.1998

is quite improper and unjustified. Hence, Smt. Babita Devi,

dependant wife of the workman concerned (since deceased)

is entitled to her employment under clause 9.5.0. read with

clause 9.3.2. of the N.C.W.A-VI with the Gratuity, C.M.P.F.

and the relevant monetary benefits as the dependent wife

of deceased workman.

O.P./Management concerned is directed to

employment the Award after the receipt of its copy following

its publication in the Gazette of India by the Government of

India.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 964.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lh lh ,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 28@2006½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 26@02@2014 dks izkIr gqvk FkkA

[lañ ,y&20012@114@2005&vkbZ vkj ¼lh ,e&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 26th February, 2014

S.O. 964.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. 28/2006) of

the Central Government Industrial Tribunal-cum-Labour

Court No. 2, Dhanbad as shown in the Annexure in the

Industrial Dispute between the management of M/s. CCL,

and their workman, which was received by the Central

Government on 26/02/2014.

[No. L-20012/114/2005-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT:

SHRI KISHORI RAM,

Presiding Officer.

In the matter of an Industrial Dispute under Section

10(1)(d) of the I.D. Act, 1947

REFERENCE NO. 28 OF 2006.

PARTIES : Shri Sarlu Mahato,

Vill: Dulmi, PO: Harhand Kandar, Via Ramgarh

Cantt., Hazaribagh

Vs. The Project Officer, Kuju Colliery of M/s

CCL, Kuju, Hazaribagh

APPEARANCES:

On behalf of the workman/Union

:

Mr. U.N. Lal, Ld.

Advocate

On behalf of the Management

:

Mr. D.K. Verma, Ld.

Advocate

State : Jharkhand

Industry : Coal

Dated, Dhanbad, the 29th Jan., 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on them under See. 10(1)(d)

of the I.D. Act, 1947 has referred the following dispute to

this Tribunal for adjudication vide their Order No. L-20012/

114/2005-IR(CM-I) dt. 01.06.2006

SCHEDULE

"Whether the action of the Management of Kuju

Colliery of M/s. CCL to terminate Shri Sarlu Mahato,

PRW from the service of the company w.e.f. 14.1.2005

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

workman entitled?"

On receipt of the Order No. L-20012/114/2005-IR

(CM-I) dated 01.06.2006 of the above mentioned reference

from the Government of India, Ministry of Labour, New

Delhi for adjudication of the dispute, the reference Case

No. 28 of 2006 was registered on 26th June, 2006 and

accordingly an order to that effect was passed to issue

notices through the Registered Post to the parties concerned

2534

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

directing them to appear in the Court on the date fixed and

to file their written statements along with the relevant

documents. In pursuance of the said order, notices by the

Registered Post were sent to the parties concerned.

Both the parties made their appearances through their

respective Counsels and filed their pleadings and

photocopies documents. Since the workman accepted the

fairness of the domestic enquiry, it directly came up for

hearing final arguments on merits as the photocopies of

the documents of the Management made available on the

case record.

2. The case of workman Sarlu Mahato is that he was

PR worker was a permanent employee of Kuju Colliery of

M/s. CCL. He is illiterate. Taking advantage of his illiteracy,

the O.P./Management arbitrarily but illegally terminated him

from the service of company as per its order dt. 14.1.2005

without any reasonable enquiry. He was never served with

any chargesheet. He was suffering from T.B. He was

referred to the Central Hospital Naisarai for proper treatment

on 19.09.2002 as also stated by Sr. Medical Officer Dr. S.

Kumar before in the enquiry on 15.7.2004, affirming his

continued treatment. The enquiry report also referred to

the Doctor's remarks about his sickness and fitness. At

recovery, the workman submitted the copy of his treatment

for his duty. He was hospitalized from 13.12.2002 to

26.12.2002 and was declared fit for duty on 27.12.2002 after

10 days rest. Mr. R.P. Verma, the Attendance Clerk in course

of the enquiry produced from "C" Register which showed

his absence from 8.9.2002 and his sick leave duly recorded

therein, authenticated his remaining on Sick leave from

that date. The workman after being fit had reported for his

duty. Despite any proof of any charge, he was served with

the enquiry report. The action of the Management in

terminating his service was not only unjustified but also

against the principle of natural justice, as the workman had

himself absented for his illness. His termination was too

harsh and disproportionate to his alleged absence.

3. The workman in his rejoinder categorically denied

the allegations of the O.P./Management justifying the

maintainability of the reference. He was not a habitual

absentee. There was not any misconduct on his part. The

O.P./Management was biased, so he was unreasonably

punished with dismissal. The similarly the enquiry was not

fairly and properly conducted by the Enquiry Officer.

4. Whereas challenging the reference as

unmaintainable in law and facts, the case of the O.P./

Management with specific denials is that the workman was

a habitual absentee as used to be several times

unauthorizedly in the year 1999 twice chargesheeted and

after due domestic enquiries both times, the workman was

sympathetically allowed to resume his duty on 29.1.1999

and 16.11.2002 lastly with a strict warning. Despite the two

opportunities for his improvement, the workman could not

improve to himself, and started to absent from his duty

unauthorizedly from 8.9.2002. At his chargesheet for his

unauthorized absence from his duty, the management

issued him the charge sheet for his misconduct of habitual

absentism under clause 26(24) and 26(29) of the Certified

Standing Orders. He also replied to the chargesheet. On

finding his rely unsatisfactory, the management appointed

the Enquiry Officer to conduct domestic enquiry. After

holding due enquiry in accordance with the principle of

natural justice, the Enquiry Officer submitted his enquiry

report, holding him guilty of the charges levelled against

the workman. The second Show Cause with enquiry report

was issued to the workman. He submitted his representation

to the second Show Cause. On consideration of the enquiry

report and the representation of the workman, the

Disciplinary Authority decided to terminate the workman

from the service on the ground of the proved misconduct

against him. So the action of the Management in dismissing

the workman is legal and justified. The dismissal of the

workman is quite proportionate to his misconduct of

habitual absentism. The O.P./Management has also urged

for a permission for adducing evidence afresh in case the

enquiry found as unfair.

FINDING WITH REASONS

5. In the instant case, on acceptance of the workman

as per his petition for the fairness of the domestic enquiry,

the Tribunal as per its order No. 13 dt. 10.10.2011 held the

domestic enquiry as fair and proper and in accordance

with the principle of natural justice. It resulted in hearing

the final argument of both the parties on merits.

Mr. U.N. Lal, the Learned Counsel for the workman

submits that in fact the workman, the P.R. Worker and

permanent employee of Kuju Colliery of B.C.C.L. was a

T.B. patient, so he was referred to the Central Hospital,

Naisarai, for proper treatment on 19.9.2002 as admittedly

stated by the Senior Medical Officer Dr. S. Kumar before

the Enquiry Officer on 15.7.2004. Further it has been

submitted on his behalf that the workman got treatment as

an out-door patient, and was also hospitalized in the

Hospital on 13.12.2002, and remained under treatment there

till 26.12.2002; thereafter having been declared fit for duty,

he submitted the treatment papers to the Management.

besides the Management witness R.P. Verma affirmed about

the workman on sick leave from 8.9.2002 as noted in the

Attendance Register (Form-C). Though the charges of

absentism as levelled against the workman could not be

proved, he was Management for it was is quite harsh

punishment for him.

6. Whereas the contention of Mr. D.K. Verma, the

Learned Advocate for the O.P./Management is that the

enquiry has once been found fair; apart from several

warnings, the last one was also given to the workman for

habitual absentism; so he was awarded with the punishment

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2535

of his termination from the service of the Company for his

misconduct of habitual absentism, and the said punishment

by the Management was appropriate to the nature of his

such misconduct.

7. On perusal and consideration of the materials on

the case record, I find that despite satisfactory and

reasonable reasons for his alleged absentism which went

unconsidered by the Management, apart from being

inadequate evidence for it, the dismissal of the workman

for his service appears to be too harsh, and quite

disproportionate to the alleged absentism. It is liable to be

set aside for ends of proper justice to the workman. The

dismissal of an employee will be illegal if also his explanation

has not been considered as held in the case of K.V.

Panduranga Rao Vs. Karnataka Dairy Development

Corporation (1997) 91 F.J.R. 1234. Likewise, the dismisal of

an employee will be quashed in the absence of adequate

evidence, and he will be entitled to reinstatement as held in

the case of P.K. Jain Vs. Commissioner, Municipal Corp. of

Delhi 1999 LLR 951 (Del. H.C.).

In result, it is hereby responded and accordingly.

ORDERED

That the Award be and the same is passed that the

action of the Management of Kuju Colliery of M/s CCL to

terminate Shri Sarlu Mahato PRW from the service of

Company w.e.f. 14.1.2005 is quite illegal and unjustified.

Hence, the workman is entitled to his reinstatement with

50% back wages and concomitant benefits. The O.P./

Management is directed to implement the Award within

one month from the date of its receipt, following its

publication in the Gazette of India by the Government of

India.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 26 Qjojh] 2014

dkñvkñ 965.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; uañ 2] /kuckn ds iapkV ¼lanHkZ la[;k 43@1998½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 26-02-2014 dks izkIr gqvk

FkkA

[lañ ,y&20012@285@1996&vkbZ vkj ¼lh&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 26th February, 2014

S.O. 965.—In pursurance of Section 17 of the

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

Government hereby publishes the Award Ref. 43/1998 of

the Cent.Govt.Indus.Tribunal-cum-Labour Court No. 2,

Dhanbad as shown in the Annexure, in the industrial dispute

between the management of M/S BCCL, and their workmen,

received by the Central Government on 26/02/2014.

[No. L-20012/285/1996-IR(CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT :

SHRI KISHORI RAM, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1)

(d) of the I.D. Act., 1947.

REFERENCE NO. 43 OF 1998

PARTIES : The Secretary,

Bihar Colliery Kamgar Union, Hirapur,

Dhanbad

Vs. General Manager, Moonidih Area, of

M/s

BCCL Moonidih, Dhanbad,

APPEARANCES :

On behalf of the Workman/Union :

None

On behalf of the Management

:

Mr. U.N. Lal

Ld. Advocate

State : Jharkhand

Industry : Coal

Dhanbad, the 21st Jan., 2014

AWARD

The Government of India, Ministry of Labour, in

exercise of the powers conferred on then under Sec. 10(1)

(d) of the I.D. Act., 1947 has referred the following dispute

to this Tribunal for adjudication vide their Order No. L-

120012/285/96-IR(C-I) dt. 20.02.1998

SCHEDULE

"Whether the action of the management of Moonidih

Washery of M/s BCCL in dismissing Shri P.K. Dhan

Fitter/Operator, w.e.f.21.07.1985 is justified? If not, at

what relief is the concerned workman entitled to.

On receipt of the Order No L-20012/285/96-IR (C-I)

dated 20.02.1998 of the above mentioned Reference from

the Government of India, Ministry of Labour, New Delhi

for adjudication of the dispute, a reference Case No. 43 of

1998 was registered on 16.03.1998. And accordingly an order

to that effect was passed to issue notices through the

Registered Post to the parties concerned directing them to

2536

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

appear in the Court on the date fixed and to file their written

statements along with the relevant documents. In

pursuance of the said order notices by the Registered Post

were sent to the parties concerned.

Both the parties made their appearance through their

respective Counsels and filed their pleadings and

documents.

2. The case of sponsoring Union Bihar Colliery

Kamgar Union workman P.K. Dhar is that he as a permanent

had been working at Moonidih Washery, but the

Management through unauthorized person issued him a

false and frivolous charge-sheet for his absence for duty,

though his absence was for a reasonable cause. Though

he had submitted his satisfactory explanation for it, till

then the management constituted an invalid and irregular

department enquiry through a biased Enquiry Officer who

completed the enquiry in utter violation of the principles of

natural justice. Even in the invalid ex-parte enquiry, the

charge levelled against was not proved, yet he was

dismissed by an authorized person. Despite his

representations several times against his illegal and

arbitrary dismissal, but it went in effective. At last the

Industrial Dispute raised by the Union before the A.L.C.(C),

Dhanbad due to the failure in conciliation owing to adamant

attitude to the management resulted in the reference for an

adjudication. So the action of the Management in

dismissing the workman was illegal and unjstified.

The Union in its rejoinder has specifically denied all

the allegations of the O.P./Management, stating that the

delay in raising the dispute was due to false assurance of

the Management. Neither the workman got any notice of

enquiry, not it was issued to him by a registered post. He

was hastily dismissed from service by completing only

formalities.

3. Whereas with categorical denials, the pleaded case

of the O.P./ Management is that the present reference being

barred by limitation is unmaintainable, as the workman was

dismissed from his service w.e.f., 21.07.1985, but the Union

raised the dispute in the year 1994. It is inordinate delay.

Workman P.K. Dhan was a habitual absentee from his duty

without permission. In spite of giving him serval

opportunities to mend his such habit by issuing him

warning letters and usual undertaking disciplinary action

against him time to time, he began to unauthorisedly absent

for more than 10 days from his duty w.e.f. 20.06.1984, for

which he was chargesheted for his misconduct under the

provisions of the Standing Order of the Company applicable

to its establishment neither the workman replied to it nor

he accounted for his unauthorized absence. Sri D.B. Singh,

Dy. Manager (Pers) as the Enquiry Officer and Sr P.M.

Prasad as Management Representative (MR) were

appointed for the departmental enquiry. Despite the notice

of enquiry even by Regs. Post to him at his permanent

home address and its non-copy displayed on the notice

board, the non-appearance of the workman resulted in the

ex-parte proceeding on 10.05.1985 due to his non-

cooperation, then after the enquiry, the Enquiry Officer

submitted his enquiry report, holding him guilty of the

charges levelled against him. On consideration of the

enquiry report, enquiry proceeding and other relevant

papers, the Management as per its decision dismissed the

workman from his service as per its letter dt. 21.7.1985 after

abtaineing its approval from the General Manager of the

Area. So the action of the Management for dismissal of the

workman was legal, bonafide and justified. He is not entitled

to any relief.

The Management in its rejoinder categorically

denying the allegations of the workman has stated that the

workman frequently unauthorizedly absented from his duty

in all the years.

FINDING WITH REASONS

4. In the instant reference, at the failure of the

Management in examination of any of its witnesses at

preliminary point in spite of ample opportunity, the Trinunal

as per its Order No. 38 dt. 13.06.2005 declared the domestic

enquiry unfair and improper.

Consequently, the Management examined its MWI

Ajit Kumar Singh, Sr. Manager, Moonidih Washery on merits,

but no wihness on merits on behalf of the workman could

be produced or examined.

The statement of MWI Ajit Kumar Singh, the Senior

Manager (Pers), Moonidih Washery, on merits affirmed

the facts of the O.P./Management that workman. K. Dhan

was appointed as Fitter/Operator on 15.10.1982 at

Moonidih Coal Washery of M/s BCCL as evident from the

certified copy of his Form B Register (Ext. M.1) But he

began to absent from 20.06.1984 just as previously he used

to do habitually unauthorized absentisms, he was

chargesheeted (Ext. M. 2), but he did not reply to it. Sri

D.B. Singh, the Manager (Pers.) was appointed as the

Enquiry Officer as per the Management's letter dt. 01.03.1985

for holding the domestic enquiry into the charges against

the workman. The workman was given the notices by Regd.

Posts dtt. 18.4.85 and 30.04.1985 (Extt. 3/1 and 3/2). Despite

ample opportunity, the non appearance of the workman in

course of the enquiry resulted in its proceeding ex-parte.

After examinatiion of Sri Jagdish Prasad, Bill Clerk and Sri

Kirti Kumar, the Office Superintendent, the Enquiry Officer

completed the enquiry as per the proceeding (Ext. M 3/3),

and submitted his enquiry report (Ext. M.3/4) and thereafter

the workman was dismissed from his service as per the

dismissal Order dt. 21.7.1985 (Ext. M3/5). He was given full

opportunity for defence in accordance with the principle

of natural justice. There was no complain whatsoever from

the side of the workman in course of the domestic enquiry.

So the dismissal order to the Management against the

workman was quite legally justified and proper. The

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2537

Management witness to the court on query responded

that the chargesheet do not refer to the previous absentism

of the workman.

In the light of the aforesaid fact, Mr. U.N. Lal, Leaned

Counsel for the O.P./Management has submitted that on

holding the domestic enquiry quite fairly and properly, the

Enquiry Officer submitted his Enquiry report based on

findings and documents, and consequent upon the

application of mind to it, the Disciplinary authority decided

to dismiss the workman on the proof of the misconduct

under 15 'N' & "D" of the Standing Order of the Company

for his unauthorized absentism against him, his dismissal

by the Management was justified, so he deserves not any

relief.

On perusal and consideration of the aforesaid facts

and documents, it stands quite obvious that the workman

had been a habitual absentee of unauthorized absentism

w.e.f. 20.06.84 as in his previous years of services in the

years 1982-83 as evident from the Enquiry report (Ext. M.3/

4). In the circumstances I am of the opinion as also held in

the case of P.M. Raju Vs. P.O. Labour Court & Other,

Madurai (2001) LLN 903 that the dismissal of an employee

habitually absenting will be justified. The workman who is

in the habit of unauthroized adsentism appears to be highly

unaccountable to his job under the Management. In nature

of the regular gross misconduct of the workman his

dismissal from his service with immediate effect in the year

1985 appears to be not harsh, rather quite proportionate.

In result, in the terms of the reference, it is responded

and accordingly, hereby

ORDERD

The action of the Management of Moonidih

Washerey of M/s BCCL in dismissing Sri P.K. Dhan, fitter/

Operator w.e.f. 21.07.85 is quite justified. So he is not entitled

to any relief.

KISHORI RAM, Presiding Officer

ubZ fnYyh] 27 Qjojh] 2014

dkñvkñ 966.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUæh; ljdkj eSllZ ,Q lh

vkbZ ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp]

vuqcaè esa fufnZ"V vkS|ksfxd fookn esa dsUæh; ljdkj vkS|ksfxd

vfèdj.k@Je U;k;ky; ua- 2] p.Mhx<+ ds iapkV ¼lanHkZ la[;k

929@2005½ dks izdkf'kr djrh gS] tks dsUæh; ljdkj dks 27-02-

2014 dks izkIr gqvk FkkA

[lañ ,y&22012@428@1999&vkbZvkj ¼lh,e&II½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 27th February, 2014

S.O. 966.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 929/

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 Food

Corporation of India, and their workmen, received by the

Central Government on 27.02.2014.

[No. L-22012/428/1999-IR(CM-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present : Sri Kewal Krishan, Presiding Officer

Case No. I.D. No. 929/2005

Registered on 14.9.2005

Sh. Lakhbir Singh, Tek Chand Sharma, 25, Sant Nagar, Civil

Lines, Ludhiana

...Petitioner

Versus

The District Manager, Food Corportion of India, 804,

Gurdev Nagar, Ludhiana.

...Respondent

APPEARANCES

For the Workman

:

Sh. Tek Chand Sharma, Adv.

For the Management

:

Sh. Ravi Kant Sharma, Adv.

AWARD

(Passed on 04.02.2014)

Central Government vide Notification No. L-22012/

428/99-IR(CM-II) dated 29.2.2000/7.3.2000, by exercising

its pwoers under Section 10 sub-section (1) Clause (d) and

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

(hereinafter referred to as 'Act') has referred the following

Industrial dispute for adjudication to this Tribunal—

"Whether the action of the management of Food

Corporation of India, Ludhiana in terminating the

services of Sh. Lakhbir Singh S/o Sh. Sadhu Singh is

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

workman is entitled to ?"

In response to the notice the workman appeared and

submitted statement of claim pleading that he joined the

respondent management as Watchman on 89 days basis

and worked from 6.3.1993 to April 1996 continuously. He

was employed against the work which was of permanent

nature and was performing the same functions as performed

by the regular employee and worked under the control of

the officials of the respondent management. He was paid

wages every month which was calculated on the basis of

regular statement of attendance. That his services were

illegally terminated and in violation of the provisions of

the Act.

Respondent management filed written statement

pleading that during procurement season, foodgrains are

2538

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

purchased and are stored in makeshift godowns for a short

period and for that purpose the management engages the

services of private firm/companies to provide watchman/

security guards who issue appointment letters and pay the

wages and also deposit the Provident Fund. That M/s.

Aman Security and Detective Agency was engaged in the

year 1995-96 for a short term of 60 days and the workman

may have been engaged by this said firm. He was not an

employee of the FCI and no relationship of employer and

employee exists between the parties.

In support of its case the workman appeared in the

witness box and filed his affidavit supporting his case as

set out in the claim petition. He has further deposed that

M/s Aman Security and Detective Agency used to send

intimation to the reponsdent about the working of the

deponent and placed on record letters Annexure A to

Annexure M which are of different dates and years. That

the payment was made by the respondent. That he was an

employee of the respondent management and his services

were illegally terminated.

On the other hand, respondent has examined

Sandeep Gosain who filed his affidavit reiterating the case

as set out in the written statement.

I have heard Sh. Tek Chand Sharma, counsel for the

workman and Sh. Ravi Kant Sharma, counsel for the

management.

Learned counsel for the workman carried me through

the affidavit of workman and submitted that he

continuously served with the respondent management for

four years and his services have been terminated without

complying with the provisions of the Act and therefore his

termination is illegal.

I have considered the contention of the learned

counsel.

The workman has set up a definite case that he joined

the service of the respondent management of 89 day basis

and worked from 6.3.1993 to April 1996. Respondent

management in its written statement took the plea that

M/s Aman Security and Detective Agency was given

contract for providing security guards for makeshift

godowns for the protection and security of foodgrains

and the workman may have been employed by the said

agency. The workman has denied this fact in its rejoinder

and did not admit in the pleadings that he was employed

by the said agency but while appearing in the witness box

he himself has placed on file Annexure A and Annexure M,

which are letters sent by M/s Aman Security and Detectives

to the respondent management, showing that the workman

was actually engaged by the said agency on different dates.

Thus the documents relied upon by the workman shows

that he was not engaged by the FCI but by M/s Aman

Security and Detectives and being so, he cannot claim that

he was an employee of the FCI.

Reliance was also placed on Annexure A1 to A4 to

submit that the salary was paid by the respondent

management but the perusal of the said documents shows

that only certificate was issued by the relevant officer for

engaging the security guards for particular months as per

the record maintained by Aman Security Detectives. These

documents do not show at all that the workman was actually

employed by the respondent management. The workman

while appearing in the witness box has admitted in his

cross-examination that he was directly engaged by the

respondent management but no appointment letter was

given to him. It cannot be said that the respondent

management engaged him without issuance of any

appointment letter. The workman claims that he was paid

wages by the Manager of the FCI but no record has been

produced to show that he was actually paid any salary by

the respondent management. Thus taking all these

circumstances into consideration, it is held that workman

has failed to prove that he was an employee of the

respondent management and his services were terminated

by it and he is not entitled to any relief and accordingly the

reference is answered against the workman.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 27 Qjojh] 2014

dkñvkñ 967.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ ,QlhvkbZ

ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; uañ&2] p.Mhx<+ ds iapkV ¼lanHkZ la[;k 107@2005½ dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 27@02@2014 dks izkIr gqvk

FkkA

[lañ ,y&22012@352@2003&vkbZ vkj ¼lh,e&II½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi the 27th February, 2014

S.O. 967.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref. 107/2005 of

the Central Government Industrial Tribunal-cum-Labour

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

Industrial Dispute between the management of Food

Corporation of India, and their workmen, received by the

Central Government on 27.02.2014.

[No. L-22012/352/2003-IR (CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

PRESENT:— Shri Kewal Krishan, Presiding Officer

Case No. I.D. No. 107/2005

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2539

Registered on 19.7.2005

The Secretary, FCI Samooh Palledar Union, Depot Mansa

(Distt. Mansa), Punjab.

...Petitioner

Versus

The Senior Regional Manager, Food Corporation of India,

SCO 356-359, Sector 34A, Chandigarh.

...Respondents

APPEARANCES

For the workman

:

Sh. M.S. Uppal, Adv.

For the Management

:

Sh. Santokh Singh, Adv.

AWARD

(Passed on 5.2.2014)

Central Government vide Notification No. L-22012/

352/2003 IR(CM-II) Dated 8.6.2005, by exercising its powers

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

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

referred to as 'Act') has referred the following Industrial

dispute for adjudication to this Tribunal:—

"Whether the action of the management of Food

Corporation of India in not absorbing contract labour

workers (list enclosed) in DPS as per the guidelines

of Ishwari Prasad Committee is legal and justified? If

not, to what relief they are entitled?

Shorn of unnecessary details, the relevant facts for

the present controversies are that Food Corporation of

India has 140 depots in Punjab for the storage of

foodgrains. It engages labour for loading, unloading and

handling storage and transit of foodgrains. Initially the

labour was used to be engaged through contractors. In

1992-93, the contract labour system was abolished in 8

depots and the labour was absorbed as a permanent labour

of the FCI. When the matter was agitated, a memorandum

of undertaking was arrived at the Committee was

constituted and direct payment system, as per the

guidelines of Ishwari Prashad Committee in all the depots,

who laid certain conditions for verification of workers and

also to assess the requirement of labour, was introduced.

It is the case of the workers-Union that there were

172 workers engaged by the contractor in Mansa depot of

FCI before the implementation of the report of Ishwari

Prashad Committee who were working for the last 15-20

years. They were got medically checked. There was EPF

Account Numbers of 144 workers and Identity Cards were

issued to 144 workers who were working as handling labour

and the ancillary labours were not issued Identity Card/

EPF Account Number. However 172 workers used to mark

attendance in the register. It is further mentioned in the

statement of claim that 28 workers were working as ancillary

labour in the Mansa Depot. It is further pleaded that on the

introduction of direct payment system, only 97 workers

were selected as handling labour and 18 workers as ancillary

workers w.e.f. 1.4.1997 vide order dated 16/18.10.1997 and

remaining 57 workers were rendered unemployed on

account of the wrong assessment of the strength of labour.

That the work of loading and unloading at Rail Head was

not taken into account. That the FCI Officers/Officials

under whose supervision the work is to be performed at

Mansa Depot have recommended for more labour on need

basis and even wrote a letter dated 19.11.1997 and 30.5.2000

for approval to induct 144 handling labour and 28 ancillary

labour and this number of workers is needed as per the

formula described by the Ishwari Prashad Committee. That

the action of the management in not covering the remaining

57 workers under the scheme is illegal, as they have been

continuously working at Mansa Depot and are required to

be absorbed as per the report of the Committee. That the

said persons be inducted as labourers under the direct

payment system.

The Corporation in its written statement denied that

172 workers were engaged by the contractor Gurpal Singh

and pleaded that only 144 workers were with the contractor

whose EPF etc. was deposited and out of the said workers

97 were selected as handling labour and 18 were selected

as ancillary workers. That the labour was inducted as per

the formula and the guidelines of Ishwari Prashad

Committee and the other workers have no claim and their

claim be dismissed.

In support of the case of the worker-union, Sh.

Kashmira Singh appeared in the witness box as Secretary

of the Union and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand the management has examined

Sh. C.P. Saharan who filed his affidavit reiterating the case

of the respondents as set up in the written statement.

Learned counsel for both the parties made written

submissions which have been persued by me.

It may be added that the written submissions are on

the lines of the pleadings of the parties. As stated above,

the case of the Union is that there was 172 workes i.e. 142

workers working as handling labour and 28 as ancillary

labour and all were required to be absorbed under the direct

payment system on the basis of Ishwari Prashad Committee.

It may be added that none of the workers who were

employed by the contractor and worked as a labour at

Mansa Depot prior to the implementation of the said scheme

has appeared in the witness box to prove their case that

they were actually working as a labourers at the Mansa

Depot prior to the implementation of the scheme and were

covered as such under the said scheme. It is not denied

that the labour was used to be provided by the contractor

and it is the case of the worker-Union that workers were

working under Gurpal Singh contractor. Again neither

Gurpal Singh has been examined nor his record produced

to show that he actually employed 172 workers for the

Mansa Depot. Thus it cannot be said, in the absence of the

2540

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

above said evidence, simply on the statement of Kashmira

Singh, who is the Secretary of the Union, to hold that there

were 172 workers working as Mansa Depot prior to the

implementation of the direct payment system scheme.

It may be added that in the reference, a list of workers

was attached showing that there were 88 workers who

allegedly claim the relief. But in the statement of claim it is

alleged that 57 workers were left and are required to be

covered under the scheme. Thus it is not clear which of the

workers out of the 88 workers as find mention in the list

attached with the reference were actually working at the

Mansa Depot at the relevant time.

Again there is no evidence that any of the workers

which was left was actually entitled to be covered under

the scheme. If the officers of the respondent management

has written certain letters asking the higher authorities to

provide more labour to carry out the work at Mansa Depot,

it does not mean that the persons, as find mention in the

list attached with the reference, were working with the

contractor at the relevant time and are entitled to be

absorbed under the direct payment system scheme.

Thus the workers have failed to establish their claim

by leading any cogent evidence on the file and therefore

the reference is, accordingly, decided against the workers-

union. Let hard and soft copy of the award be sent to the

Cental Government for further necessary action.

KEWAL KRISHAN, Presiding Officer.

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 968.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ts ldkbZ f'k¯ix

,.M ,fo;s'ku lfoZl izkñ fyfeVsM 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;] ,ukZdqye ds

iapkV ¼lanHkZ la[;k 34@2013½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 28&2&2014 dks izkIr gqvk FkkA

[lañ ,y&11012@10@2013&vkbZ vkj ¼lh,e&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 968.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No 34/2013)

of the Central Government Industrial Tribunal-cum-Labour

Court, Ernakulam as shown in the Annexure, in the

Industrial Dispute between the management of M/s. J Sky

Shipping & Aviation Services Pvt. Ltd., and their workman,

received by the Central Government on 28-2-2014.

[No. L-11012/10/2013-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present: Shri D. Sreevallabhan, B.Sc., LL.B, Presiding

Officer

(Friday the 25th day of October, 2013/03rd Kartika, 1935)

ID 34/2013

Union

: The General Secretary

Kerala Civil Aviation Workers Congress

(INTUC)

VP Marakkar Smaraka Mandiram

Vanchiyoor, Trivandrum

Kerala-695001

Management :

The Managing Director

M/s. J Sky Shipping & Aviation Services

Pvt. Ltd.

(Blue Sky Port Services Private Ltd.),

Regiton Bldg.

Airport Road, Valiyathura, Trivandrum

Kerala-695008

By Adv M/s Suman Chakravarthy

This case coming up for final hearing on 24.10.2013

and this Tribunal-cum-Labour Court on 25.10.2013 passed

the following:

AWARD

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 (14 of 1947), the Government

of India/Ministry of Labour by its Order No-L-11012/10/

2013-IR (CM-I) dated 21.06.2013 referred this industrial

dispute to this tribunal for adjudication.

2. The dispute is:

"Whether the action of the employer i.e. M/s. J. Sky

Shipping & Aviation Services Pvt. Ltd. (Blue Sky

Port Services Private Ltd.), Vallayathura, Trivandrum

in terminating the services of Shri Santhosh Kumar,

Trolley Retriever from 02.11.2012 at Trivandrum

International Airport is legal and justified? To what

relief the concerned workman is entitled to?"

3. After receipt of summons union did not enter

appearance. Management entered appearance. As the

union failed to appear and file claim statement in spite of

several adjournments it was set ex-parte. Management filed

affidavit stating that the reference is to be proceeded with

ex-parte against the union and an award is to be passed.

4. As there is no pleading or any evidence to satisfy

that the termination of the workman is not legal it can only

be held that action of the management in terminating his

service w.e.f. 02.11.2012 is justifiable.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2541

5. In the result an award is passed finding that the

action of the management in terminating the services of

the workman as trolley retriever w.e.f. 02.11.2012 is legal

and justified and hence he is not entitled to any relief.

The award will come into force one month after its

publication in the Official Gazette.

Dictated to the Personal Assistant, transcribed and

typed by her, corrected and passed by me on this the 25th

day of October, 2013.

D. SREEVALLABHAN, Presiding Officer

APPENDIX-NIL

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 969.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ts ldkbZ f'k¯ix

,.M ,fo;s'ku lfoZl izkñ fyfeVsM 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;] ,ukZdqye ds

iapkV ¼lanHkZ la[;k 35@2013½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 28&2&2014 dks izkIr gqvk FkkA

[lañ ,y&11012@9@2013&vkbZ vkj ¼lh,e&I½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 969.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No 35/2013)

of the Central Government Industrial Tribunal-cum-Labour

Court, Ernakulam as shown in the Annexure, in the

Industrial Dispute between the management of M/s. J. Sky

Shipping & Aviation Services Pvt. Ltd., and their workmen,

received by the Central Government on 28-2-2014.

[No. L-11012/9/2013-IR (CM-I)]

M.K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present: Shri D. Sreevallabhan, B.Sc., LL.B, Presiding

Officer

(Friday the 25th day of October, 2013)

ID 35/2013

Union

: The General Secretary

Kerala Civil Aviation Workers Congress

(INTUC)

VP Marakkar Smaraka Mandiram

Vanchiyoor, Trivandrum

Kerala-695001

Management :

The Managing Director

M/s. J Sky Shipping & Aviation Services

Pvt. Ltd.

(Blue Sky Port Services Private Ltd.),

Regiton Bldg.

Airport Road, Valiyathura, Trivandrum

Kerala-695008

By Adv M/s. Suman Chakravarthy

This case coming up for final hearing on 24.10.2013

and this Tribunal-cum-Labour Court on 25.10.2013 passed

the following:

AWARD

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 (14 of 1947), the Government

of India/Ministry of Labour by its Order No. L-11012/9/

2013-IR (CM-I) dated 21.06.2013 referred this industrial

dispute to this tribunal for adjudication.

2. The dispute is:

"Whether the action of the employer i.e. M/s. J. Sky

Shipping & Aviation Services Pvt. Ltd. (Blue Sky

Port Services Private Ltd.), Vallayathura, Trivandrum

in terminating the services of Shri Pradeep, ex-Trolley

Retriever from 02.11.2012 at Trivandrum International

Airport is legal and justified? To what relief the

concerned workman is entitled to?"

3. After receipt of summons union did not enter

appearance. Management entered appearance. As the

union failed to appear and file claim statement in spite of

several adjournments it was set ex-parte. Management filed

affidavit stating that an award is to be passed by proceeding

with the reference ex-parte against the union.

4. As there is no pleading or any evidence to satisfy

that the termination of the workman is not legal it can only

be held that the action of the management in terminating

his service is justifiable.

5. In the result an award is passed finding that the

action of the management in terminating the services of

the workman as trolley retriever w.e.f. 02.11.2012 is legal

and justified and hence he is not entitled to any relief.

The award will come into force one month after its

publication in the Official Gazette.

Dictated to the Personal Assistant, transcribed and

typed by her, corrected and passed by me on this the 25th

day of October, 2013.

D. SREEVALLABHAN, Presiding Officer

APPENDIX-NIL

2542

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 970.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ lh ,l vkbZ

vks ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/k esa fnfnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèdj.k@Je U;k;ky; uañ 2] p.Mhx<+ ds iapkV ¼lanHkZ la[;k

624@2005½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28@2@2014

dks izkIr gqvk FkkA

[lañ ,y&42012@208@2002&vkbZvkj ¼lh,e&II½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 970.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 624/

2005) of the Central Government Industrial Tribunal/Labour

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

Industrial Dispute between the management of Central

Scientific Instruments Organisation, and their workman,

received by the Central Government on 28/2/2014.

[No. L-42012/208/2002-IR(CM-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

PRESENT: SRI KEWAL KRISHAN, Presiding Officer

Case No. I.D. No. 624/2005

Registered on 24.8.2005

Sh. Kushaldeep Singh, House No. 1459/12,

Sector 29-B, Chandigarh

...Petitioner

Versus

The Director, Central Scientific Instrument

Organization, Sector 30, Chandigarh

...Respondent

APPEARANCES:

For the workman

Sh. R.P. Rana, Adv.

For the Management

Sh. I.S. Sidhu, Adv.

AWARD

(Passed on 3.2.2014)

Central Government vide Notification No. L-42012/

208/2002-IR(CM-II) Dated 5.3.2003, by exercising its powers

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

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

(hereinafter referred to as 'Act') has referred the following

Industrial dispute for adjudication to this Tribunal:—

"Whether the action of the management of CSIO in

terminating the services of Sh. Kushaldeep Singh,

Security Guard w.e.f. 31.1.2001 is legal and justified?

If not, to what relief he is entitled to?"

¦In response to the notice, the workman appeared

and submitted statement of claim pleading that he is an Ex-

Serviceman and the respondent-management sent a

requisition to Zila Sainik Board for sponsoring his

appointment as Security Guard in respondent-

management's campus. In response to the letter dated

25.1.2000 of the management, he was interviewed by the

Security Committee and an appointment letter dated

23.3.2000 was issued to him as Security Guard at the campus

against salary of Rs. 2408 per month. He worked up to

January 2001 when his services were suddently terminated

orally and without issuing any notice and payment of any

compensation. He has completed more than 240 days of

service and was entitled to the grant of temporary status in

pursuance of the scheme issued in 1993 by the Government

of India. His termination being in violations of Section 25F,

25F and 25H of the Act, the management be directed to

reinstate him in service with full back wages.

Respondent-management filed written reply

admitting that the workman was engaged as a Security

Guard w.e.f. 1.3.2000 vide appointment letter dated 23.3.2000

and in the appointment letter, there was a stipulation that

the Director, CSIO, reserve the right to relieve anyone from

the Security arrangement without assigning any reason;

and in view of this Clause, discontinuing the services of

the workman was valid and it cannot be said that he was

retrenched. That the workman is not covered for the grant

of temporary status.

In support of its case the workman appeared in the

witness-box and filed his affidavit reiterating his case as

set out in the claim petition.

On the other hand, the management examined

Sh. A.K. Mukherjee who filed his affidavit on the lines of

the stand taken by the respondent management in the

written statement.

Management was proceeded ex parte vide order dated

16.12.2010. However, later on Mr. I.S. Sidhu, Advocate

appeared and on his request case was adjourned for moving

an application for setting aside the ex parte order. But he

did not move any application and stated that he can join

the proceedings at the stage of arguments.

I have heard Sh. R.P. Rana, counsel for the workman

and Sh. I.S. Sidhu, counsel for the management.

It is not disputed that the workman was appointed

as Security Guard w.e.f. 1.3.2000 vide letter dated 23.3.2000

along with other persons and for the sake of convenience

the letter is reproduced as follows:-

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2543

On the recommendation of the Security Committee

the Director, CSIO has been pleased to approve the

engagement of the following Ex-Servicemen as security

guard for security arrangement in CSIO campus on

remuneration of Rs. 2408 (Two thousand four hundred eight

only) for providing service for the full month (8hours per

day) w.e.f. 1.3.2000.

1. Hav. Baldev Singh,

2. Nk. Ranjit Singh

3. Hav. Sher Singh

4. Nk. Kulwant Singh

5. Hav. Amrik Singh

6. Nk. Suresh Kumar

7. Hav. Kushaldeep Singh

They will be given one weekly off and will work in

shifts. If they work on extra shifts they will be paid @

Rs. 80.26 per shift or if in part @ Rs. 10 per hour. No other

dues or leaves will be given to them apart from those

mentioned above.

The Director, CSIO reserves the right to relieve any

one or all of them from the security arrangement without

assigning any reason for the same.

The learned counsel laid stress on the last lines of

the letter and submitted that the Director had the right to

relieve anyone or all the persons employed from the Security

arrangement without assigning any reason and by using

these powers, the workman was relieved from his duty and

in view of the conditions of the appointment letter the

order is illegal. The learned counsel also drawn my attention

under Section 2(oo)(bb) to submit that since there was

stipulation in the contract regarding the termination of the

service of the workman, and therefore his services were

legally terminated.

I have considered the contention of the learned

counsel.

The workman was employed vide letter dated

23.3.2000 and he worked with the respondent management

up to January 2001 i.e. for more than 10 months. Section

25F provides the conditions for retrenchment of a workman

and it reads as follows:—

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 months's notice

in writing indicating the reasons for retrenchment

and the period of notice has empired, or the

workman has been paid in lieu of such notice,

wages for the period of the notice.

(b) the workman has been paid, at the time of

retrenchment, compensation which shall be

equivalent of 15 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.)

Thus a workman who has continued in service for

not less than one year cannot be retrenched until the

conditions laid in the said Section are fulfilled.

Section 25B defines 'continuous service' and read as

follows:—

1. a workman shall be said to be in continuous service

for a period if he is, for that period in uninterrupted service,

including service which may be interrupted on account of

sickness or authorized leave or an accident or a strike which

is not illegal, or a lok out or a cessation of work which is not

due to any fault on the part of the workman;

2. where a workman is not in continuous service

within the meaning of clause (1) for a period of one year or

six months, he shall be deemed to be in continuous service

under an employer—

(a) for a period of one year, if the workman, during a

period 12 calendar months preceding the date with

reference to which calculation is to be made, has

actually worked under the employer for not less

than-

(i) one hundred and ninety days in the case of a

workman employed below ground in a mine;

and

(ii) two hundred and forty days, in any other

case;

(b) for a period six months, if the workman, during a

period six calendar months preceding the date

with reference to which calculation is to be made

has actually worked under the employer for not

less than-

(i) ninety five days, in the case of a workman

employed below ground in a mine; and

(ii) one hundred and twenty days, in any other

case.

Thus a workman who worked for 240 days would be

deemed to be in continuous service for a period of one

year. Thus the services of the workman who worked from

25.3.2000 to January 2001 were not to be terminated without

following the procedure as laid down in Section 25F of the

Act which requires service of notice as well as payment of

compensation.

2544

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

'Retrenchment' is defined in Section 2(oo) which read

as follows:—

Retrenched means the termination by the employer

of the service of a workman for any reason whatsoever,

otherwise than as a punishment inflicted by way of

disciplinary action but does not include—

(a) voluntary retirement of the workman; or

(b) retirement of the workman on reaching the age of

superannuation if the contract of employment

between the employer and the workman

concerned contains a stipulation in that behalf;

or

[(bb) termination of the service of the workman as a

result of the non-renewal of the contract of

employment between the employer and the

workman concerned on its expiry or of such

contract being terminated under a stipulation in

that behalf contained therein; or]

(c) termination of the service of a workman on the

ground of continued ill-health;]

Since the services of the workman has been

terminated otherwise then as a punishment by way of

disciplinary action, as stated above, it can be safely said

that he was retrenched. The Clause (bb) provides that

retrenchment do not include the termination of the service

of a workman as a result of non-renewal of the contract on

its expiry, or of such contract being terminated under a

stipulation in that behalf contained therein. Thus this

Clause applies where the contract comes to an end on its

expiry or it comes to an end by way of stipulation contained

therein regarding the termination of the contract. But in the

present case the workman was given an appointment letter

and the Clause contained therein, as reproduced above,

giving power to the Director to relieve anyone from the

security arrangement without assigning any reason is not

covered under the said Clause. Since the workman has

completed more than 240 days of service, he was required

to relieve the workman by following the procedure as

prescribed under Section 25F of the Act and not otherwise.

Thus the termination of the services of the workman is no

valid and the workman is entitled to be reinstated in service.

It may be added that the services of the workman

were terminated in January 2001. It is neither pleaded nor

there is anything on the file that the workman remained

without any work from the date of its termination till now.

However, considering the facts and circumstances of the

case, the workman is entitled to 50 per cent of the back

wages.

In result, it is held that the action of the management

in terminating the services of the workman w.e.f. 31.1.2001

is illegal and not justified and he is entitled to be reinstated

in service with 50 per cent back wages. The management

shall reinstate him in service within one month from the

date of publication of the award. Let hard and soft copy of

the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 971.—vkS|ksfxd fookn vfèfu;e] 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV cSad

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 59@2001½ dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 27@02@2014 dks izkIr gqvk FkkA

[lañ ,y&12012@409@2000&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vfèdkjh

New Delhi, the 28th February, 2014

S.O. 971.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 59/2001)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of State Bank of India and their

workmen, received by the Central Government on

27/02/2014.

[No. L-12012/409/2000-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/59/2001

PRESIDING OFFICER: SHRI R. B. PATLE

Shri Suresh Khande,

Local Secretary,

State Bank of India &

Subsidiary bank Employees Union,

Bhopal Circle, LIG E/10,

Sector I, Devendra Nagar,

Raipur

.......Workman/Union

Versus

Chief General Manager,

State Bank of India,

Local Head Office,

Hoshangabad Road,

Bhopal (MP)

....Management

AWARD

(Passed on this 13th day of February, 2014)

1. As per letter dated 19-3-2001 by the Government

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

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2545

received. The reference is made to this Tribunal under

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

409/2000-IR(B-I). The dispute under reference relates to:

"Whether the action of the management of State Bank

of India in declining reimbursement of medical bills

under improved medical aid scheme to Shri Suresh

Khonde, Naik, State Bank of India, Shastri Market

Branch, Raipur on account of medical expenses of

his wife is justified? If not, to what relief the workman

is entitled?"

2. After receiving reference, notices were issued to

the parties. Ist party workman alongwith Secretary of Union

filed Statement of claim at Page 5/1 to 5/9. Case of Ist party

workman is that he is working as Naik in State Bank of

India, Shastri Market Branch at Raipur. He also claims to be

Secretary of the Union. That there is scheme providing

medical aid to the workman, staff circulated on 4-1-96. Said

Scheme provides for reimbursement of hospitalization

expenses for employees and family members. That the wife

of workman Smt. Sushila Khonde was suffering from

rheumatoid arthritis, muscular atrology and anemia with

various kinds of chronic ailments. Smt. Sushila was not

earlier on allopathic treatment but her decease was not

cured. As per advice of Dr. V.N. Pathak, wife of workman

was admitted in Samadhan Hospital, Ganesh Nagar, Nagpur

during the period 17-9-97 to 17-1-98. That the medical

expenses incurred in said hospital was Rs. 79,572.85 was

submitted for reimbursement. As per letter dated 2-2-98 to

Regional office of SBI, Raipur, said bill was forwarded to

local head office, Bhopal for sanction with

recommendations of the Branch Manager. It is submitted

that vide letter dated 5-5-99, Chief Medical Officer informed

Asstt. General Manager about history of the wife of the

workman that she was suffering from pain in both knees,

shoulders and back for last three years and she is unable

to walk and work for her personal hygiene. Workman further

submits that Bank authorities have knowledge about

treatment of his wife in Samadhan Hospital, Nagpur. Dy.

General Manager endorsing medical examination of

Smt. Sushila Khonde informed that medical examination

was carried out by Bank's Sr. Medical Officer Mr. P.C. Jain.

on 21-5-99, Dy. General Manager while writing a letter to

the General Manager (D & PB) informed that the Medical

bills sent by Shri Suresh Khonde have been scrutinized by

Dr. R.R. Verma and countersigned all the bills. Vide letter

dated 15-5-99, Dy. General Manager informed that the

expenses were reasonable and had been recommended.

Asstt. General Manager had decided to send his wife to

Mumbai Hospital or Hinduja Hospital, Mumbai for

treatment but when bills for reinstatement were submitted,

the bills were not reimbursed. Workman had submitted

various representations.

3. That as per Clause-V of the scheme, Bank had

permitted reinstatement of medical expenses for Ayurvedic,

Homeo, Unani medicines. 100% for the employees, 75% for

the family members. Workman has reproduced relevant

clause. That the bills for treatment of his wife was rejected.

Workman faced financial crisis as he had incurred loan of

Rs. 1,00,000 for treatment of his wife. Workman claimed to

have been victimized as he was active office bearer of the

Union, belongs to SC. That he had incurred medical

expenses for treatment of his wife. It is unfair to reject his

bills by management of SBI. On such ground, workman

prays for his reimbursement of the medical bills stated

above.

4. IInd party filed Written Statement at Page 8/1 to 8/

5. IInd party submits that the statement of claim filed by

workman is misconceived and deserves to be negated. That

Statement of claim filed by workman claiming Local Secretary

of the union. That the Union is not recognized by the

management. The dispute is not tenable. The industrial

dispute only relating to discharge, dismissal, retrenchment

termination are covered under Section 2-A of the I.D. Act.

The dispute under reference is lot legal. The Tribunal has

no jurisdiction to decide the same. That Rule-4(b) of I.D.

Rules 1957 provides the application and the statement

accompanying shall be signed in the case of workman either

by the President and Secretary of the Trade Union of

representative of the workman. Statement of claim filed by

workman is not in compliance of said rule.

5. IInd party further submits that as per hospitalization

scheme. Prior consultation with Bank's Authorities, Medical

Officer is necessary before admission of employee or his

family member in the hospital. As per circular No. 121/84,

the officers and members of the staff should except emergent

cases consult the Bank's Medical Officer before getting

themselves or family members admitted to a hospital. When

such prior consultation is not possible, after patient is

admitted in hospital, alternative arrangement may be

considered. That Award Staff should seek prior approval

from the concerned Bank whereas Doctors/Medical Officer

before getting themselves or family members admitted in

hospital. Such prior permission from Bank was not obtained

by the workman as per circular dated 5-12-1984 for admission

of his wife in Samadhan Hospital, Nagpur. Letter dated

19-5-99 is clear that Sr. Medical Officer recommended the

case of workman's wife for opinion and treatment by

Hematologist either by Doctor Amin at Bombay Hospital

or Dr. Joshi at Hinduja Hospital, Bombay. However the

workman had taken his wife for treatment to Samadhan

Hospital, Nagpur. It is emphasized that the workman is not

entitled for reinstatement of his medical bills for violation

of circular dated 12/5/84.

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:—

2546

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

(i)

Whether the action of the

management of State Bank of

In Negative

India in declining reimburse-

ment of medical bills under

improved medical aid scheme

to Shri Suresh Khonde, Naik,

State Bank of India, Shastri

Market Branch, Raipur on

account of medical expenses

of his wife is justified?

(ii) If not, what relief the

As per final

workman is entitled to?"

orders

REASONS

7. Ist party workman feeling aggrieved by non-

reimbursement of medical of his wife for Rs. 79,572.85 is

prosecuting the reference. Affidavit of evidence is filed.

He has narrated most of the facts pleaded in his statement

of claim that he was employee of SBI. There is scheme for

medical aid for the staff as per circular dated 4-1-96. Said

scheme regulates reimbursement under medical aid and

reimbursement of hospitalization scheme expenses. That

his wife was patient of rheumatoid arthritis, muscular

atrology and anemia with various kinds of chronic ailments.

She was suffering from swelling and body muscle were

destroyed. His wife was earlier given allopathic treatment

but the decease was not cured. As per advice of Dr. V.N.

Pathak, wife of workman was admitted in Samadhan

Hospital, Ganesh Nagar, Nagpur. She was treated by

Dr. Babukar during the period 17-9-97 to 17-1-98. His wife

got relief. That he incurred expense of Rs. 79,572.85. He

submitted bills for reimbursement on 2-2-98. The bills were

forwarded by Branch Manager to regional office. Regional

office forwarded to Local Head office, Bhopal for sanction.

Said bill was placed for scrutiny by Local Head office,

Bhopal. Correspondence was made with Chief Medical

Officer of the Bank. On 5-5-99, Chief Medical Officer of the

Bank informed as per history, she was suffering from pain

in both knees, shoulders and back for last three years and

she is unable to walk and work for her personal hygiene.

Other body part were also suffering from pain. That

treatment was given in Samadhan Hospital, Nagpur.

Affidavit is further devoted that vide letter dated 19-5-99,

Sr. Medical Officer recommended the case of workman's

wife for opinion and treatment by Hematologist either by

Doctor Amin at Bombay Hospital or Dr. Joshi at Hinduja

Hospital, Bombay. That despite of repeated representations,

the bill was not sanctioned. The scheme provides 100%

reimbursement for employees, 75% for family members. In

the evidence of workman in his cross-examination, workman

admits that without approval, the employees and their

family members suffering from illness would be taken for

treatment to other places. That he had not obtained prior

approval before admission of his wife in Samadhan Hospital

at Nagpur. Permission was sought subsequently from the

Doctors. The bills were countersigned. The evidence of

workman about letter issued by Sr. Medical Officer, about

condition of the wife of the workman that Doctor had

advised for her treatment at Bombay Hospital or Hinduja

Hospital is not challenged in cross-examination. The

documents referred in affidavit of witness, its zerox copies

are produced. There was no denial of those documents in

cross-examination of the workman.

8. So far as evidence of management's witness is

concerned, Vaidya Nath Bhagat is that workman had not

obtained prior approval for admission of his wife in

Samadhan Hospital. That workman had not submitted bills

as per Bank's scheme. He had not sought advise of the

Bank's Medical Officer before admitting him in the hospital.

In his cross-examination, management's witness says

during 1997 to 2000, he was posted at Ambikapur, Churcha

branch from June 12 he was working at Shastri Market

Branch, Raipur. As per circular dated 4-1-96, employees

entitled for reimbursement, circular is produced at Exhibit

W-1. As per record, workman had not requested permission

for treatment of his wife. Prior permission for treatment

could not be obtained. The employee can request

management's ex-post facto permission. The circular Exhibit

M-1 dated 5.12.1984 provides that prior approval of

authorized Doctor before admitting employee or family

member for treatment is necessary. Workman had admitted

that he had not obtained prior permission but his evidence

remained unchallenged that Dr. V.N. Patnaik had advised

for admission of wife in Samadhan Hospital, Nagpur. The

documents produced by workman, letter dated 21.8.1999

finds clear reference for reimbursement of medical bill of

his wife. The letter dated 5.5.1999 sent by Sr. Medical Officer

to Asstt. General Manager Page 58 speaks that Smt. Sushila

Khonde was suffering from paid in both knees, shoulders,

back for last 3 years. She was unable to walk for personal

hygiene. These symptoms get more aggrieved during rainy

and winter season. She was treated in Ayurvedic Centre

and relieved partially. On examination, her general

appearance is bad. She is afebrile and mormotensive. She

is a case of chronic poly arthritis with deformities in fingures

of both hands. Movements are restricted and even active

and passive movements are possible to 10 to 20 degrees.

Joints mainly affected are both shoulders, elbows, wrist

and small joints of both hands. Her both knees and ankle

are edematous. She is not able to walk without support.

Letter dated 7.5.1999 of Dy. General Manager was sent to

General Manager alongwith the letter of Medical Officer.

The zerox copies of the medical bills are produced. The

witness of the management in his cross-examination admits

that wife of workman died of her illness. He claims ignorance

about action taken of bill of Rs. 79,572.85. The approval

was necessary to prevent reimbursement. In present case,

the evidence of workman that Dr. R.R. Verma had found the

bills reasonable is not shattered. The scheme Clause 3(a)

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2547

of the scheme Exhibit W-1 provides for reimbursement for

the expenses for Ayurvedic treatment - 75% reimbursement

in case of family members. Evidence on record is clear that

wife of workman is suffering from Arthritis and she died of

said illness. The claim submitted by workman was also

confirmed by Sr. Medical Officer vide letter dated 5.5.1998.

IInd party has not recorded any finding that claim of Medical

bill by workan is exorbitant or fictitious. The prior approval

for admission in medical hospitalization is not obtained

but in case of serious ailment, subsequent approval would

also be accepted. For above reasons, I record my finding in

Point No. in Negative.

9. In view of my finding in Point No. 1 that rejection

of claim of medical bill of Rs. 79,572.85 is illegal, question

arises whether workman is entitled for receiving of whole

amount of bill as per scheme Exhibit W-1. Workman is

entitled only for 75% amount which comes to Rs. 59685/-.

Accordingly I hold and record my finding in Point No. 2.

10. In the result, award is passed as under:—

(1) The action of the management rejecting

reimbursement of the Medical Bill of wife of

workman is illegal.

(2) IInd party is directed to reimburse 75% amount of

the bill i.e. Rs. 59685/-.

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] 28 Qjojh] 2014

dkñvkñ 972.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV cSad

ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k]

p.Mhx<+ ds iapkV ¼lanHkZ la[;k 275@2005½ dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 27@02@2014 dks izkIr gqvk FkkA

[lañ ,y&12012@159@2003&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 972.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 275/

2005) of the Central Government Industrial Tribunal-cum-

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

in the Industrial Dispute between the management of State

Bank of India and their workman, received by the Central

Government on 27/02/2014.

[No. L-12012/159/2003-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

PRESENT: Shri Kewal Krishan, Presiding Officer.

Case No. ID 275/2005

Registered on

The President, SBI SC & ST Welfare Association, C/o 3086,

Sector 44-D, Chandigarh.

...........Petitioner

Versus

The Assistant General Manager, State Bank of India, LHO,

Sector 17, Chandigarh.

...........Respondent

APPEARANCES:

For the Workman

:

Sh. Raj Kaushik.

For the Management

:

Sh. S.K. Gupta

AWARD

(Passed on 23.10.2013)

Central Government vide Notification No. L-12012/

159/2003-IR(B-II) dated 31.10.2003, by exercising its powers

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

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

(hereinafter referred to as 'Act') has referred the following

Industrial dispute for adjudication to this Tribunal:—

"Whether the action of the management of State Bank

of India, Chandigarh in awarding the punishment of

bringing down one statges on the scale of pay for

one years with cumulative effect and treating period

suspension as not on duty of Sh. Gurmail Singh, Ex-

Assistant is justified? If not, what relief the workman

is entitled to and from which date?"

In response to the reference, notice was issued to

the workman as well as to the management.

The workman appeared and submitted statement of

claim pleading that he was in the Indian Air Force and an

ex-serviceman and was employed with the management as

Clerk-cum-Typist. He efficiently discharged his work but

the Chief Manager Sh. A.K. Aggarwal placed him under

suspension w.e.f. 17.5.1996 and thereafter a false charge-

sheet dated 25.1.1997 was served on him. He submitted

reply and thereafter an inquiry was conducted. That

charges were not proved against him. However the Inquiry

Officer submitted a report dated 12.5.1999 against him and

after considering the inquiry report, the impugned order

awarding punishment of bringing down two stages of the

scale of pay for two years with cumulative effect was

passed and the said order is illegal being not based on any

evidence.

2548

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

The management filed written reply pleading that

workman was guilty of misconduct and after conducting a

regular inquiry, punishment was awarded to him and the

only punishment of stoppage of one increment for one

year without cumulative effect was passed. The order, thus,

passed is legal and valid.

In support of its case the workman filed his affidavit

reiterating the case as stated in the claim petition. On the

other hand P.K. Kholsa filed his affidavit on behalf of

management.

After hearing the counsel for the parties the inquiry

was held to be fair and proper vide order dated 20.10.2011.

Workman was proceeded ex-parte vide order dated

30.5.2012. Though workman counsel Sh. Raj Kaushik

appeared on 27.8.2013 but again he did not put in its

appearance today.

I have heard Sh. S.K. Gupta counsel for the

management on the question whether the punishment

awarded is justified.

A persual of the charge-sheet shows that the

workman did not complete his work on 1.5.1996. He was

reminded of his default on 2.5.1996 and again on 3.5.1996.

Instead of completing the job, he entered the room of the

Branch Manager and misbehaved with him as much as, he

even abused him. After holding an inquiry in which workman

was given due opportunity to present his case, the charges

were found to be proved against him. Thus the workman is

guilty of misbehaving with his superior and thus spreading

insubordination in the institution in which people repose

faith. The punishing authority passed the order imposing

a penalty of bringing down two stages in scale of pay for

two years with cumulative effect vide order dated 1.11.2000

but the Appellate Authority vide its order dated 26.6.2001

reduced the penalty and only imposed a penalty of

stoppage of one increment for one year with cumulative

effect. The workman has also claimed full wages for the

period he remained under suspension. The punishing

authority while passing the award dated 1.11.2010 treated

the suspension period as not on duty and further found

that the workman was entitled to only subsistence

allowance already paid to him. Since the workman was

suspended and charges were duly proved against him and

it cannot be said that his suspension was without any

basis and he is not entitled to full back wages during the

period he remained under suspension.

Thus considering the circumstances of the case it

cannot be said that the imposed punishment is excessive

or improper. Thus the referrence is decided against the

workman. Let hard and soft copy of the award be sent to

the Central Government for further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 973.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV cSad vkWQ

lkSjkLVª 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;] tcyiqj ds iapkV ¼lanHkZ la[;k 27@92½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 27@02@2014 dks izkIr

gqvk FkkA

[lañ ,y&12012@342@91&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 973.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 27/92)

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 State Bank of Saurashtra and their workmen,

received by the Central Government on 27/02/2014.

[No. L-12012/342/91-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/27/92

Presiding Officer: SHRI R. B. PATLE

Shri S.S. Kulkarni,

E-A, Prem Nagar,

Manik Bagh, Palace Road,

Indore

.... Workman

Versus

Regional Manager (A-II),

State Bank of Saurashtra,

Shyam Gokul Society,

Nevrangpura,

.... Management

Ahmedabad

AWARD

(Passed on this 31st day of January, 2014)

1. As per letter dated 25-2-92 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/

342/91-IR (B-3). The dispute under reference relates to:

"Whether the action of the management of State Bank

of Saurashtra in dismissing the workman Shri S.S.

Kulkarni from the services of the Bank vide letter No.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2549

AD: STAFF: GM: CON: 331 dated 11-1-90 is justified?

If not, to 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 7 to 19. The preliminary issue is decided on

3-4-2013. The enquiry conducted against workman is found

valid and proper. Their contentions in Statement of Claim

relating to preliminary issue are not narrated. Workman in

his statement of claim contents that he was working in

State Bank of Sourashtra, Indore Branch in 1986. He was

officiating head clerk. Indore Branch falls under jurisdiction

of Regional Manager of Ahmedabad. Chargesheet was

issued to him by Regional Manager on 6-8-86. The

allegations against him were he defrauded Bank by acts of

omissions. The workman filed reply to chargesheet denying

allegations against him. Shri K.M. Pandya was appointed

as Enquiry Officer. After conducting enquiry on various

dates, Enquiry officer held 5 charges against him were

proved. Thereafter he was issued showcause notice. He

was dismissed from service as per order dated 11-1-1990.

The appeal filed by him was heard on 3-9-90.

3. Workman submits that important documents

payslip to show his deposited amount in his State Bank

was not produced. Said document was vital for his defence

that he had not deposited amount. The findings of Enquiry

Officer are totally perverse based on presumption and

assumption. That there is no evidence to show he received

sum of Rs. 28,000 and 18,000. The witness No. 1 to 7 have

stated that they have not paid any amount to the workman.

The charge that amount was withdrawn and received by

workman cannot be proved against him. That Witness No.

8-Shri S. Sinha only stated that signature in the pay slips

appears that of Shri Kulkarni (workman) there is no positive

evidence to show his signature on slip was found by him.

Enquiry Officer presumed and drawn his conclusions. That

Enquiry Officer is not handwriting expert. The other

witnesses who simply stated that he signature look like

Shri Kulkarni is only opinion, forgery of signature cannot

be proved. There is no evidence of handwriting expert about

forgery of signature was committed by him.

4. Workman submits that he alone was made scape

goat. He had not committed any fraud. He was discriminated

and authority who made payments were let off. Punishment

imposed against him is discriminatory. Shri M.K. Srivastava,

Branch Manager at relevant time was issued showcause

notice. However no action was taken against him. That

Branch Manager has manipulated entire case against him

to save himself. He has not given any confession. Pass

book of Saving Account No. 2255 was not produced though

it was most relevant. It resulted in denial of reasonable

opportunity. Workman reiterates that findings of Enquiry

Officer are perverse. Enquiry Officer failed to consider that

the verification of signature on withdrawal forms was

responsibility of the Passing Officer. No action was taken

against Passing Officers who passes withdrawals for

payment tallying signature.

5. Workman further submits though allegation were

about forgery, the incident was not reported to police for

investigation. It shows that the Branch Manager was

involved in the case and tried to safeguard his interest.

There is no evidence that he deposited amount in Saving

Bank Account 2255. On such ground, workman prays for

setting aside order of his termination and his reinstatement

with back wages.

6. Management of IInd party filed Written Statement

at Page 25 to 37. IInd party submits that chargesheet was

issued to workman alleging misconduct, forgery of

signature of Account Holder withdrawing amount of Rs.

8000, 2000, 10,000, 8000 time to time. He again forged

signature of Account Holder and withdrawing amount of

Rs. 8500 which Bank had to refund. Unauthorisely passing

withdrawal of Rs. 2000 withdrawal dated 20-12-85 was

forged. Manipulatedly strike off the debit entry of Rs. 8500

dated 13-3-86 and misguiding the management by making

posting in respect of withdrawals for forgery nature. That

enquiry was conducted against workman. On report of

Enquiry officer, charges were proved against workman. The

punishment of dismissal was imposed by Disciplinary

Authority. IInd party submits that workman was given full

oppurtunity. The enquiry was conducted as per rules.

Workman was not prevented from examining handwriting

expert as his witness. It was not for management to examine

the signature of workman by any expert on questioned

documents. Workman was refused permission to engage

advocate for his defence. That pay slip dated 20-3-86 was

filed by employee and his signatures were identified by

Shri Thakkar, Srivastava in the enquiry. It is denied that

findings of Enquiry Officer are perverse. The opinion of

handwriting expert was submitted by workman alongwith

reply to showcause notice. The handwriting expert was

not available for cross-examination by management. That

punishment of dismissal is imposed for proving misconduct

of workman does not call for interventions. It is denied that

the punishment imposed against workman is discriminatory.

IInd party submits that it is surprising that Ist party made

confession under pressure. It is immaterial that charges are

proved from evidence in enquiry. Workman did not suffer

any prejudice for non-production of pass book. Ist party

cannot fasten his responsibility on others. It is reiterated

that the charges of fraud and forgery are proved against

workman. The punishment of dismissal is proper.

7. The enquiry conducted against workman is found

legal as per order on preliminary issue dated 3-4-2013.

Considering pleadings between parties and order on

preliminary issue, issues No. 3, 4 arise for my consideration

2550

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

and determination are as under. My findings are recorded

against each of them for the reasons as below:—

‘‘(i) Whether the charges of

In Affirmative

misconduct and proved from

Enquiry proceedings?

(ii) Whether the punishment of

In Affirmative

dismissal imposed against

workman is legal and

proper?

(iii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to relief

prayed by him.

REASONS

8. Point No.1.—As per finding on preliminary issue,

enquiry conducted against workman is found legal and

proper. Question arises whether the evidence in Enquiry

Proceedings proves charge alleged against workman. At

the time of argument, learned counsel for workman Shri A.

K. Shashi submits that findings of Enquiry Officer are

perverse. No documents are proved. Amount withdrawn

as in charge No. 3 forging signatures material witness was

not produced, pass baook was not produced in enquiry.

Account holder father of minor was no examined. Even

guardian and mother were not examined. There was no

complaint with respect to Account No. 2256. Charge in

respect of said account cannot be considered. There is no

evidence about payment of Rs. 8000, 2000, 10,000 to Ist

party workman, foregery is not proved. Deposit of

Rs. 18,000 by workman is not proved. That evidence of

management's witness is silent about payment passed by

workman. Workman has no authority to pass any payment.

That any of the charges are not proved against workman.

The representation were submitted by employees about

innocence of workman. It is emphasized that findings of

Enquiry Officer are perverse.

9. In reply to above, counsel for management Mr.

Ashish Shroti argues that Ist party workman was working

as Head Clerk, chargesheet Exhibit M-1 was issued to him.

The Account No. 2256 of minor was operated by his mother

Julekha. Complaint was received by Branch Manager about

withdrawing of amount. Enquiry Officer has discussed

evidence while recording his findings that mother and

guardian of minor Account Holder was examined as witness

No. 13 in Enquiry Proceedings. The pass book was not

produced by Account Holder. The argument about bias

cannot be considered without pleadings. Workman was

interrogated and he admitted withdrawal of amount. The

Enquiry Officer has discussed said part of evidence. The

findings on Charge No. 1, 2 are not perverse/withdrawal

forms were written by workman. Workman is Union Leader

and nobody dares to come against him. The findings of

Enquiry Officer are not perverse. In reply Advocate Shri

A.K. Shashi for workman reiterated that workman was not

authorized to pass pay slip, pass book was not produced

by Account Holder. The father of minor Account Holder

Fakrudin was not examined. Shri N.K. Srivastava Passing

Authority was also not examined. Pay slip was not

produced.

10. Considering tenor of arguments, evidence needs

to be scrutinized whether the charges alleged against

workman are supported by evidence in Enquiry

Proceedings. During course of argument, there was no

dispute that burden of proof in criminal case needs to prove

alleged offence beyond reasonable doubt, such degree of

proof is not required in domestic enquiry. The Enquiry

Officer is in report Page 25 to 46 has discussed the evidence

separately with respect to the charges. While dealing with

Charge No. 1, Enquiry Officer has referred to deposition of

witness Shri S.K. Ladia. Said withdrawal was posted by

him and token No. 4936 was given by him. Said withdrawal

is posted in ledger sheet, said withdrawal is paid by Shri S.

C. Khater. Witnesses S. Sinha, R.K. Srivastava, B. D. Bhatt

have stated about verifying specimen signature card after

authenticating remaining balance in concerned account.

That record of Saving Bank Account Ledger Sheet of

Account No. 2255 finds withdrawal inflicted in said account

after debiting Rs. 8000 (workman) himself has

authenticated balance Rs.10,613.51. This leads to believe

that this sheet was not sent to the officer alongwith the

withdrawal. That Shri S.Sinha identified the signature of

Shri S.S. Kulkarni (workman). That he found from his

deposition that the specimen signature has been kept under

custody of Shri Kulkarni as per branch extant practice.

That Mr. Sinha stick to his earlier deposition with respect

to withdrawal of amount Rs.2000 dated 20-12-85. Enquiry

Officer has discussed that from deposition of Shri Bhatt,

question No. 18 that Shri Kulkarni has filled up withdrawal

form and he confessed that amount was withdrawn by him

from S.B. Account. That Shri B. D. Bhatt deposed that said

withdrawal has been passed for payment by Shri Kulkarni.

That specimen signature appearing on Account No. 2255

was not tallying with signature appearing on withdrawal

form. That the withdrawal in said Account was posted by

Shri Ladia, Saving Bank Clerk. The withdrawal was not

posted by him. The Enquiry Officer has also discussed in

terms of withdrawal with respect to 10-2-86. As deposed

by Shri S.K.Ladia, he has posted the said withdrawal and

paid by Shri S.C.Khater. From the deposition of Shri

Srivastava that Shri Kulkarni has passed withdrawal by

putting his initial on the said withdrawal after verifying the

specimen signature etc. that Shri Srivastava has also

categorically replied that as per Bank's practice generally

the pass book was returned to the account holder after

Head Clerk's initial. With respect to withdrawal of Rs. 8000

dated 12-3-96 Enquiry Officer considered deposition of Shri

S.K. Ladia that payment of withdrawal was made by cashier

Sushil Kumar Badjatiya. He confirmed the statement. That

he considered deposition of Shri Bhatt that Shri Kulkarni

was incharge of S.B. Department. That signature appearing

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2551

on withdrawals doesnot tally with signature on Account.

That signature made on withdrawal appears to have been

made by Shri Kulkarni was confirmed during deposition of

Shri Bhatt. At Page 9 of his report. Enquiry Officer observed

that at the branch, it was practice that Shri Kulkarni used to

send withdrawals or cheque to the officer for their order

by putting his initial after verifying specimen signature

and after authenticating the balance in respective ledger

folio. Smt. Julekha was examined as witness No. 13, the

original pass book was not produced. Enquiry Officer has

extensively discussed evidence.

11. I avoid to reproduce entire evidence adduced

by the Officer. Considering charge No. 1 to 5 against workman

and the question about considering whether the charges

of misconduct and proved from Enquiry proceedings. That

the finding recorded by Enquiry Officer are perverse, the

scope of judicial review is needed. The evidence cannot be

re-appreciated as sitting in an appeal. The statements of

witnesses in Enquiry Proceedings are recorded in the

register Page 1 to 145 produced on record. All 13 witnesses

have confirmed their statements recorded by Investigating

Officer. Witness No. 1 Dhirajlal Mohta and other witnesses

have stated about procedure for withdrawal of amount.

The witnesses have stated that amount was not paid to

Shri Kulkarni ( workman). Witness Ladia says he had issued

token for withdrawal of the amount. He had posted said

amount in ledger. Witness No. 5 Shirolkar in his statement

say he had made payment of Rs.2000. Since it was late

payment, the token was not issued to the party. He says

that payment was not made to Shri Kulkarni. Witness No. 6

Khater says that person who tenders token was made

payment. That he had not made payment to Shri Kulkarni

Witness No. 8 Shri S. Sinha has stated that because the

Head Clerk was there and initialed signify that he had verified

the signature of Account Holder. He did not verify signature

of the Account Holder. The Head Clerk was in custody of

specimen signatures. That Head Clerk used to verify

specimen signatures of Account Holders with specimen

signatures of withdrawals and initial that he was satisfied

that the signature was tallied. In reply to question 18, he

said that Shri S.S. Kulkarni had initialed. In reply to Q.No.19

he says that withdrawal appears to be filled by Shri Kulkarni.

He further says that mode of handwriting appears to be of

Kulkarni's writing. In reply to Q-21, the signature on back

of withdrawal is eligible but mode of writing appears to be

of Shri Kulkarni. That initial entry of Rs. 8500 dated 13-3-86

appears of Shri Kulkarni. The mode of writing of balance

appears in handwriting of Shri S.S.Kulkani. Thus reply to

Q.No.18 to 24, Sinha has specifically said that the relevant

documents bearing initials of Shri S.S.Kulkami or bears his

handwriting. The evidence of Shri Sinha on the above point

is not shattered in his cross-examination. Cross-

examination further shows that this first posting was at

Bombay. He was working under clearing etc. departments.

He was working with Shri Kulkarni about six months prior

to the incident. He claims to be conversant with the

delegated powers of concerned clerk. In reply to Q. No. 20

in cross-examination says that mode of wirting on face of

withdrawal appears to be of Shri S. S. Kulkarni. In reply to

Q. No. 21, he says that he was aware of his mode of writing

certain letters. In reply to Q. No. 21, 26 & 32, he confirmed

that handwriting is Shri S. S. Kulkarni. In reply to Q. No. 34,

Sinha says that only he was conversant of Shri Kulkarni's

signature and intial. He further admits that he did not

identified handwriting of Shri Kulkarni in reply to Q No. 36.

12. Witness No. 10 in his statement has supported

the charges against workman that complaint was received

from Account Holder. He had talk with the husband of

Account Holder Shri Julekha about withdrawal of amount

Rs. 27,500 or so. PW-11 R.K. Srivastava in his statement

says that he relied on Head Clerk while passing withdrawal

of Rs. 10,000. That said withdrawal was filed by Shri Kulkarni

in his handwriting. In reply to Q. No. 15, Shri Srivastava

says from the credit pay-in-slip it seems that amount were

deposited by Shri Kulkarni whose signature appears on

pay slips. Witness No. 12 Bhargav Dharma, Sukhjlal Bhatt

has also supported the charges. Father of Account Holder

met him on 18-3-86 requesting him to find out who had

withdrawn the money from his son's Account No. 2255.

Answer No. 6 of said witness shows that after comparing

the withdrawals it was observed that money was

withdrawn. The withdrawal was made by Saving Bank

withdrawal form. That earlier Shri Kulkarni was working as

Head Clerk in the branch. In reply to Q. No. 16 he says that

withdrawal has been passed by Shri S. S. Kulkarni Head

Clerk. In reply to Q. No. 19, he says during his investigation,

Shri Kulkarni had booked flat at Indore. He had to pay

advance money to the builder. In reply to Q. No. 10 in

cross-examination, Bhatt says that Kulkarni had confessed

orally to him that he had withdrawn amount from S.B. A/c.

No. 2255. Mr. Bhatt had submitted report to higher

authorities about amount fraudulently withdrawn by Shri

Kulkarni. If evidence of witnesses is carefully considered,

any of the witnesses have not suggested that some other

officer in the Bank or Manager are involved in fraudulent

withdrawal of amount. The workman had no reason to re-

deposit the amount in A/c No. 2255. Shri Bhatt in reply to

Q. No. 29 of his cross-examination says that on 20-3-86,

Kulkarni came to his chamber in morning. He has shown

pay-in-slip duly filled for Rs. 18,000 etc. the evidence of

witness No. 13 Julkha supports that he had filed complaint

about fraudulently withdrawing money from authority in

the bank. The charges are supported by evidence to point

out fraudulent withdrawal of money by workman himself.

Therefore I record my finding in Point No. 1 in Affirmative.

13. Point No. 2— In view of finding in Point No. 1 as

charges of fraudulent withdrawal of amount by workman

are supported by evidence. On the point of punishment,

learned counsel for 1st Party workman did not advance

any arguments.

2552

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

14. Learned counsel for management Shri Shroti

submits that fraudulent withdrawal of amount is gross

misconduct. The punishment of dismissal is justified.

Reliance is placed in ratio held in

"Case of Ganesh Santa Ram Sirur versus State Bank

of India and another reported in 2005(1) Supreme

Court Cases 13. Their Lordship dealing with penalty,

quantum of punishment and its propriety held

sanctioning of loan to his spouse by Bank Manager

in contravention of service rules, although the

cheque issued pursuant thereto was not encashed,

held, not an honest decision service rule prohibiting

the Bank Manager to sanction loan to his spouse

held was a rule of integrity. Hence punishment of

removal from service awarded to the Bank Manager

was just and proper."

In case of State Bank of India and others versus Shri

S. N. Goyal reported in 2008(8) Supreme Court Cases 92.

Their Lordship dealing with temporary misappropriation

to customer's money by Bank Manager held it is a serious

misconduct warranting removal from service. Observations

made in a case where a Bank Manager had received cash

payment from two borrowers of loans, temporarily

misappropriated the money and belatedly deposited the

amounts to borrower's account that the relationship

between Banker and customer is of trust. Employees of

bank and in particular Manager are expected to act with

absolute integrity and honesty in handling customer's/

borrower's money. Even a temporary misappropriation of

such money is a serious matter."

In present case, misconduct of Ist party workman is

proved. The punishment of dismissal doesnot call for

interference. I therefore record my finding in Point No. 2 in

Affirmative.

15. In the result, award is passed as under:-

(1) Action of the management of State Bank of

Saurashtra in dismissing the workman Shri S.S.

Kulkarni from the services of the Bank vide letter

No. AD:STAFF:GM:CON:331 dated 11-1-90 is

proper.

(2) Workman is not entitled to relied prayed.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 974.—vkSn~;ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj nf{k.k iqoZ jsyos

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

tcyiqj ds iapkV ¼lanHkZ la[;k 74@97½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 27@02@2014 dks izkIr gqvk FkkA

[lañ ,y&41012@236@95&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 974.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 74/97)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of South Eastern Railway and

their workmen, recieved by the Central Government on

27/02/2014.

[No. L-41012/236/95-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/74/97

PRESIDING OFFICER: SHRI R.B. PATLE

Shri G. Dadel, Ex. Driver,

Special Grade,

South Eastern Railway,

R/o NE Colony, Block No. 1256/H,

PO & Distt. Bilaspur (MP)

....Workman

Versus

Senior Divisional Mechanical Engineer,

South Eastern Railway,

PO & Distt. Bilaspur

...Management

AWARD

(Passed on this 14th day of February 2014)

1. As per letter dated 5-3-97 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-41012/

236/95-IR(B-I). The dispute under reference relates to:

"Whether the action of the management of SE

Railway, Bilaspur in removing Shri G. Dadel, Ex-Driver

Loco from service w.e.f. 28-4-93 vide order No.

M/TAC/106/NRZB/92 dated 27-4-93 is justified? If

not to what relief the workman is entitled to and what

should be the details"

2. After receiving reference, notices were issued to

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

Page 2/1 to 2/4. Case of 1st party workman is that he was

working as Driver in SE Railway. He rendered 30 years

unblemished service. He was to retire with period of 2 years.

Suddenly DE was conducted and he was dismissed from

service. That chargesheet was served on him. The

allegation in chargesheet were that he failed to control

train at NRZB station and overshooted the starter signal of

NRZB at danger (2) he was found in possession of liquor

bottles while working on 8400 UP on 10-10-92, (3) he allowed

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2553

to travel unathorized person to travel in locomotive engine

while working on said train. The workman has pleaded that

enquiry conducted against him was not proper and legal.

The findings of Enquiry Officer ar perverse. The workman

himself brought back the train to NKJ without any

disturbance. Enquiry Officer overlooked said fact. The

said fact shows that the wokrman was not under influence

under liquor as he himself had brought back the train to

destination. The witnesses had given contradictory

statements of seizure of liquor. The findings of Enquiry

Officer are not supported by evidence. On such ground,

workman prays for his reinstatement with back wages.

3.IInd party management filed Written Statement at

Page 5/1 to 5/3. IInd party submits that disciplinary action

was initiated against workman considering gravity of the

misconduct, the workman was allowed to take assistance

from defence counsel. He was allowed upto the destination

of overshooting. It was express train. There was no alternate

to avoid public complaint. During Departmental Enquiry, it

is proved that workman had taken alcohol liquor was sezied

from engine cabin. Workman while driving express train,

failed to stop the train at station which was scheduled

hault. After passing the signal, it came into his mind and

the train had to be brought back on the platform. The

findings of Enquiry Officer are based on presumptions.

IInd party prays for rejection of claim.

4. Workman filed rejoinder at Page 9/1 to 9/4

reiterating his contentions in Statement of claim. That he

himself brought train to the schedule destination. He was

not under influence of liquor.

5.The enuqiry conducted against workman is found

legal 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 misconduct of

In affirmative

the delinquent workman is

proved from evidence in

Enquiry Proceedings?

(ii) Whether punishmsent of

In Negative

removal from service of

workman is legal and proper?

(iii) If so, to what relief the

As per final order

workman is entitled?

REASONS

6. As stated above, enquiry conducted against

workman is found legal and proper, question remains to be

decided whether the evidence in Enquriy Proceedings

proves charges against the workman and punishment of

dismissal from service is proper. At the time of argument,

learned counsel for workman Shri V.N. Sharma submits that

charges against workman were of overshooting of train at

Station NRZB. Charge No. 2 carrying liquor bottle in Engine,

(3) allowing unauthorized person. There was no change

against work of driving train under influence of liquor.

That Enquiry Officer did not consider the defence of

workman that evidence of management's witness Shri Parte

shows that workman himself has driven back the train to

its destination. That the evidence about seizure of liquor

bottle is not consistent. The witnesses N. Prasad says he

has not seen liquor bottle. He has not supported the seizure.

The charge about unauthorized travelling was denied. The

evidence is not consistent.

7. Learned counsel for IInd party Shri R.K. Soni

submits that the charge against workman about

overshooting is supported by evidence. The chain was

pulled to stop the train. Liquor bottle was found is engine

cabin. Workman has not explained the same. The evidence

of management's witness is that 3-4 liquor bottles were

found. The breath test was conducted, two boys were found

sleeping in the engine cabin, the charges are proved.

8.Considering the tenure of arguments, evidence in

Enquiry Proceedings needs to be seen. Shri S.B. Parte in

his statement says on 4-10-92 at 12.55 hours, train was

scheduled. Train arrived at 13.50 hours after having normal

stoppage, train had left BRS at about 19.2. hours, While

approaching NRZB home, he felt that the speed of the train

was at higher side, as such tried to control the train by

destroying the vacum gradually. The SLR of the train

ultimately stopped between starter and Advance starter of

NRZB station overshooting starter signal and the engine

was standing after passing Advanced Starter at Danger. In

his further statement, he has stated about that the liquor

bottle was found. He has given memo to the workman. He

had questioned driver. He replied it was his mistake to

have overshoot. When he asked driver whether he could

drive train, he answered in affirmative. In his extensive

cross-examination, he says that he was working as guard.

Train had run normal from Bilaspur to BRS but train have

passed through NRZB, a scheduled haulting station. He

has re-affirmed that when he asked Driver, how it happened,

whether he was in condition of driven, Driver said Yes. In

reply to question No. 9, he says seeking the driver, looking

very drowsy, talking very low, he observed him under

infuence of liquor. In reply to Q.No. 70, he says that he had

not taken action since he had told that grand children of

working Assistant Driver of train were found in the engine.

In reply to Q.No. 22, witness says he found Driver in normal

condition sitting on his seat. In reply to Q.No. 23, the witness

says he was under influence of liquor. In reply to Q. 26

witness says the train was backed very normally. That in

his further cross-examination shows that the empty liquor

bottles were seized in his presence. He signed the seizure

note. The seized material was not recovered from box,

luggage of Driver. That he never noticed that Dadel

workman and Preetam drunken on duty in the past. The

evidence of Shri Parte about overshooting, driver found in

2554

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

possession of liquor bottles carrying two unauthorized

passengers is not shattered. His evidence supports the

finding of Enquiry officer. The evidence of J.N. Singh and

B.B. Rai corroborates the evidence of Shri Parte on above

points. The scope of judicial review is limited. The evidence

cannot be re-appreciated as Appellate Authority. The

witness Shri Rai says train was supposed to stop at NRZB

but it was passing through without haulting. They were

travelling in 3-tier compartment. The passengers in our

compartment got panic and started shouting. They pulled

pulled the Alaram chain. The train went and stopped ahead

of NRZB station after passing cabin, he found Driver and

Assistant Driver in drunken condition. He noticed one

empty quarter bottle of country liquor in empty condition

by the side of the driver, another half bottle with about 100

ml quantity of liquor. In his further cross-examination, he

says seizure memo was prepared at platform of NRZB station

after the train was left. Thus he corroborates the evidence

of MW-1 Parte. In his cross-examination, he says that he

along with escort party were travelling in the 3-tier

compartment. That personally he seized materials as per

seizure note. When he prepared seizure memo at platform,

he went to Driver for their signature but they refused. That

he further says that he had gone to Engine at the stop

where engine was standing after overshooting. MW-4

Prasad says since he was working as LR, he thought that

train must have no stop at NRZB. He confirmed with signals

and found starter signal was shown red, immediately applied

vaccum break. Ultimately train stopped disregarding danger.

The Guard came, 7 porter also came, they given signal for

backing the train. However he says he did not notice liquor

bottle. His evidence cannot be ground for discarding

evidence of other witnesses of the management. The

evidence of MW-1 to 3 supporting the charges against

workman. Therefore it cannot be said that findings of

Enquiry Officer are perverse.

9. Learned cousel for workman Shri B.N. Sharma

relies on cetin of cases. Ratio held in

‘‘Case of Nirmala J. Jhala versus State of Gujarat and

another reported in 2013(138_-FLR-227 is on the point that

standard of proof in disciplinary proceedings is not like

criminal proceedings. Proof beyond reasonable doubt. The

principles of probabilities applies to the disciplinary

proceedings."

From evidence discussed above, it cannot be said

that finding of Enquiry Officer are perverse.

"In case of Vinod Kumar versus Bank of India

reported in 2014-140/FLR-78. The ratio laid down is if

production of document is not even, the contents

have to be proved by examining witnesses."

The ratio cannot be applied beneficially to the

present case as the management witness have supported

seizure of liquor bottles.

"In case of Anil Kumar versus Presiding Officer and

others reported in 1985(3) SSC-378. Ratio is held that

the Enquiry Report should be reasoned, absence of

reason shows non-application of mind."

In present case, Enquiry Officer has discussed

evidence of the management's witnesses. Ratio cannot be

applied to the present case.

10.As evidence discussed above supports charges

against workman, the evidence cannot be re-appreciated.

The findings of Enquiry officer cannot be said perverse.

The evidence is sufficient to prove charges against

workman. Therefore I record my finding in Point No. 1 in

Affirmative.

11.Point No. 2- In view of my finding in Point No. 1,

question arises whether the punishment of dismissal froms

service of workman is proper and legal? He evidence on

record pointed out by learned counsel for workman Shri

B.N. Sharma shows that the train was over-shooted. The

workman himself had brought back train safely. The train

had over-shooted to the point. West cabin NRZB station.

The train was stopped pulling train. There is no charge

that workman was under influence of liquor while driving

the train. Learned counsel Shri B.N. Sharma submits that

punishment of dismissal from service is not proper. In

support of his argument, learned counsel relies on ratio

held in cetin of cases.

"In case of Essel Mining and Industrial Ltd. Versus

Pravakar Mahakud reported in 2012/134/FLR-533. His

Lordship of Orissa court dealing with termination of

service in the case where accident caused leading to

death of a child while driving a heavy vehicle. As the

incident which lead to the unfortunate death of a

child was clearly an accident and no negligence can

be attributed out of such accident. Workman was

holding a valid licence and was competent to drive

heavy vehicle. He was not udner intoxication or

incompetent of driving vehicle. As incident which

lead to the unfortunate death of a child was clearly

an accident and no negligence can be attributed out

of such accident, workman was holding legal licence,

he was competent to drive vehicle, the punishment

of termination was held grossly disproportionate,

reinstatement of workman was directed."

In case of A.L. Kalra versus the Project and Equipment

reported in AIR 1984-SC-1361 dealing with the employment

of workman after his termination held that the workman

was not entitled to salary for the period he was employed.

The ratio is not comparing to the present case at

hand as workman in present case was not in employment

rather the workman has retired after attaining age of

superanuation long back.

In case of AIR-1978-SC-474 submitted in the bunch

of citation has no bearing to present case. There is no

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2555

question of admission of additional evidence or dismissal

of workman without enquiry. In para-5 of the judgment

their Lordship held that Part-IV of constitution, the benefit

of reasonable doubt on law and facts, if there be such

doubt, must go to the weaker section, labour.

In case of Jitendra Singh Rathor versus Shri

Baidiyanath Ayurved Bhawan Ltd. And another reported

in 1984(3) Supreme Court cases 5 held where Tribunal

awarded reinstatement with half back wages, High Court

not justified in substituting its own award of compensation

in lieu of reinstatement-Reinstatement-Constitution of

India."

In Case of management of Hindustan Machine Tools

Ltd. Bangalore versus Mohd. Usman and another reported

in 1984(1) SSC 152. Their Lordship of the Apex Court held

where punishment imposed in excessive, Labour court in

exercise of its discretion under Section 11-A can reduce

the punishment. The punishment of stoppage of increments

for two years imposed by Labour Court setting aside

employer's order of dismissal was upheld.

Similar view was held in case of Jaswant Singh versus

Pepsu Roadways Transport Corporation and another

reported in 1984(1) SSC 35.

In present case for proved charge of overshooting,

possession of liquor bottles and carrying two unauthorized

passenger, the punishment of dismissal is imposed. The

evidence in Enquiry proceeding is clear. The Driver himself

has brought back train to scheduled destination so he was

not under influence of liquor. There was no charge of

workman driving train under influence of liquor. The

overshooting was up to West Cabin. Considering the

proved charges, punishment of dismissal would be

appropriate. The punishment of with-holding 3 increments

would not be appropriate. The punishment of termination

was imposed against workman on 27-4-93. The evidence is

not clear when workman has retired from service. Therefore

withholding three increments of workman, his reinstatement

without back wages would be appropriate. For above

reasons, I record my finding Point No.2 in Negative.

12. Point No. 3-In view of my finding in Point No. 1,2

that termination of workman needs to be set-aside.

Punishment of withholding three increments would meet

the ends of justice. Workman in entitled for reinstatement

without back wages. Accordingly I record my finding on

Point No. 3.

13. In the result, award is passed as under:—

(1) Action of IInd party removing Shri G. Dadel, Driver

from service w.e.f. 28-4-93 is not legal.

(2) IInd party is directed to reinstate workman with

continuity of service without back wages.

Punishment of withholding 3 increments is

imposed instead of termination from service.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 975.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; thou

chek fuxe ds izca/kra= ds lc) 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 101@2005½ dks izdkf'kr

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[lañ ,y&17012@3@2005&vkbZ vkj ¼ch&I ½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 975.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.101/2005)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of Life Insurance Corporation of

India and their workmen, received by the Central

Government on 27-02-2014.

[No. L-17012/3/2005-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/101/2005

PRESIDING OFFICER: SHRI R.B.PATLE

Shri Dinesh Singh,

B-175, Adarsh Nagar,

Hoshangabad Road,

Bhopal.

...Workman

Versus

Regional Manager,

Life Insurance Corporation of India,

Central Zonal Office,

Hoshangabad Road,

Bhopal

...Management

AWARD

(Passed on this 11th day of February, 2014)

1. As per letter dated 27-9-05 by the Government of

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

received. The reference is made to this Tribunal under

2556

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

Section-10 of I.D. Act, 1947 as per Notification No. L-17012/

3/2005-IR(B-I). The dispute under reference relates to :

"Whether the action of the management of Regional

Manager, Life Insurance Corporation of India, Bhopal

in terminating the services of Shri Dinesh Singh w.e.f.

Feb., 2001 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 3/1 to 3/4. Case of List party workman is that he was

appointed as temporary Care Taker in VIP Guest House

under IInd party from 12-5-94. That work of workman was

excellent no complaints were against him. That relative of

workman falsely registered case for offence under Sections

457 and 380 of IPC relating to incident dated 16-12-2000-

crime No. 102/2001. Due to criminal case registered against

him, his services were terminated from February, 2001.

Workman was paid salary Rs. 1650/- for February, 2001.

Workman was acquitted in criminal case by JMC-I, Bhopal

on 1-5-2003.

3. Workman has written various letters to the IInd

party dated 6-5-03 to Zonal Manager, LIC, 13-5-03, 15-7-03,

26-8-03, 22-9-03 to Chairman, LIC. Legal notice was issued

on 22-11-03 to IInd party. No reply was given to the notice.

Workman submits that he was working form 12-5-94 to

February, 2001 with IInd party. He was removed from service

without complying the legal provisions. Even after his

acquittal in criminal case, he was not allowed to work. On

such ground, workman prays for his reinstatement with

consequential benefits.

4. IInd party filed Written Statement at Page 6/2 to 6/

10. IInd party submits that Ist party workman was never its

employee. There is no sanctioned post of Care Taker in VIP

Guest House on contractual basis. His services were liable

to be terminated without notice. Excellent service record of

workman is denied. Workman was prosecuted for offence

under Sections 457 and 380 of IPC before JMC-I, Bhopal.

The services of workman as contractual care taker were

terminated from February, 2001 as per notesheet. The

corporation thought that a man of doubtful integrity who

was involved in some criminal matter was not a person to

be retained. It was one of the reason but not sole reason

for termination of contract. Workman was initially paid Rs.

1000/- per month. The wages were increased to Rs. 1650/-

per month. Verbal contract was terminated doesnot give

right for reinstatement to workman. Notice given by

workman was replied suitably on 27-11-03. Workman was

given acquittal under benefit of doubt. It was not clear

acquittal. Their exists no dispute between the parties. After

termination of oral contract, IInd party had engaged other

contract worker Mr. Gopal. It is reiterated that post of care

taker is not sanctioned post. That LIC is a statutory

corporation. Its affairs are covered by rules and regulations

under Insurance Act, 1938. The temporary staff could be

employed by the Zonal Manager on temporary basis.

Workman was not employed as workman. That temporary

appointment of Class-IV post is permissible as per strength

of sanctioned peons. That LIC has framed rules under

Section 48-2(cc) of the Life Insurance Corporation of India

Act, 1956. IInd party relying on ratio held in different cases

by Apex Court submits that provisions of I.D. Act are not

applicable to LIC. On such contentions, IInd party prays

that claim of workman cannot be allowed.

5. Workman filed rejoinder at Page 8/1 to 8/3

reiterating his contentions in Statement of Claim. That his

services have been terminated without his fault. He prays

for reinstatement.

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 Regional

In Negative

Manager, Life Insurance

Corporation of India,

Bhopal in terminating the

services of Shri Dinesh

Singh w.e.f. Feb 2001 is

justified?

(ii) If not, what relief the

As per Final Order

workman is entitled to?"

REASONS

7. Workman is challenging termination of his services.

He has produced document Exhibit W-1. Engagement of

workman from 2-6-94 on salary consolidated amount of Rs.

1000/-. Exhibit W-2 is receipt of payment Rs. 1650/- on 3-3-

2001. Exhibit W-3 is copy of submissions before ALC,

Bhopal. Management has produced notice at Exhibit M-1.

Said notice was sent on behalf of workman by Advocate

Ramesh Chandra Agrawal. Exhibit M-2 is application

submitted by workman for opening Bank Account with the

Bank. M-3 is copy of instructions issued by LRs.

8. Workman filed affidavit of his evidence stating

that he was engaged from 12-5-94. His services were

discontinued from February, 2001. He was paid wages Rs.

1650/-. He was acquitted in criminal case on 1-5-03. He had

repeatedly requested IInd party for reinstatement. That

ratio held in case of Venugopal cannot be applied to present

case as facts are different. Workman in his cross-

examination says about his engagement as Security Guard

at residence of General Manager for 1-2 years. Thereafter

he was working at Guest House from 12-5-94 on contract

basis. He was not interviewed, appointment letter was given

to him. He was paid consolidated pay Rs. 1000, increased

to Rs. 1500, 1650/-. He was not given annual increments.

Provident Fund was not deducted from his pay. He was

¹Hkkx II—[k.M 3(ii)º

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2557

arranging tea, meals etc. in the Guest House at the rates

fixed by the LIC. He was investing his money for purchase

of articles. That he was submitting leave application to Mr.

Gupta but its copy is not with him. One Mr. Gopal is working

in the guest house, he has been regularized. What work he

was doing—the same work is being done by Shri Gopal. In

his further cross-examination, workman denies that he was

engaged under contractor instead he says that he was

employed as temporary employee. That there are 3 Guest

House of LIC, all 3 caretakers were receiving same payment.

9. The evidence of management's witness S.D. Mehra

is on the point that workman was engaged as caretaker in

VIP Guest House on contract basis. He was discontinued

from February, 2001. The notesheet was prepared before

his termination. In the evidence in cross-examination of

management's witness he denies that workman was working

as caretaker during the relevant period. The witness says

that workman was working on contract basis. The

document Exhibit W-1, W-2 are admitted by the witness.

That the services of workman were not terminated but the

contract was terminated. The witness claims ignorance

whether notice for relieving workman is produced on record.

Workman was acquitted in benefit of doubt. Management's

witness claims ignorance whether workman submitted

application for allowing him on duty after his acquittal.

10. The evidence of management's withness shows

that the services of workman were terminated preparing a

note, no enquiry was conducted against workman before

termination of his service. In his note of argument, learned

counsel for management submitted that the Provision of

I.D. Act are not applicable as workman was not employed

as an employee rather he was engaged on contract basis

as care taker. The evidence of management's witness is not

disclosing what were the rates of different articles to be

supplied in VIP Guest House. He was paid Rs. 1650/- in

February 2001.

11. Section 2(s) of I.D. Act defines—

"Workman means any person including an apprentice

employed in any industry to do any manual, unskilled,

skilled, technical, operational, clerical or supervisory

work for hire or reward, whether the terms of

employment be express or implied and for the

purposes of any proceeding under this Act in relation

to an industrial dispute, includes any such person

who has been dismissed, discharged or retrenched

in connection with, or as a consequence of, that

dispute, or whose dismissal, discharge or

retrenchment has led to that dispute, but does not

include any such person—

(i) Who is subject to Air Force Act, 1950 or the Army

Act, 1950 or

(ii) who is employed in the police service or as an

officer or other employee of a prison, or

(iii) who is employed mainly in a managerial or

administrative capacity or

(iv) who being employed in a supervisory capacity,

draws wages exceeding one thousand six hundred

rupees per mensem or exercises a either by the

nature of the duties attached to the office or by

reason of the powers vested in him, functions

mainly of a managerial nature."

12. Workman was not working in supervisory or

managerial post. His services were engaged by IInd party

as caretaker in guest House is squarely covered under

Section 2(s) of I.D. Act. His services were terminated

without notice merely as he was prosecuted in a criminal

case. The workman was working from 12-5-94 to February

2001. IInd party has not complied Section 25-F of I.D. Act.

Termination of his service is illegal, therefore I record my

finding in Point No. 1 in Affirmative.

13. In view of my finding on Point No. 1, termination

of services of workman is illegal, question arises whether

the workman is entitled for reinstatement with back wages.

Workman in his cross examination has stated that he is

working as Security Guard in hotel and gets Rs. 2500/- a

month. That his family consists of his wife, daugther. They

are doing work of washing plates in the hotels. From

evidence in cross- examination of workman, it is clear that

the workman is in gainful employment. However his services

are terminated in violation of Section 25-F therefore the

workman deserves his reinstatement but without back

wages. Accordingly I record my finding in Point No. 2.

14. In the result, award is passed as under:—

(1) Action of the management of Regional Manager,

Life Insurance Corporation of India, Bhopal in

terminating the services of Shri Dinesh Singh w.e.f.

Feb. 2001 is illegal.

(2) IInd party is directed to reinstate workman with

continuity of workman but without back wages.

R.B. PATLE, Presiding Officer

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2558

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

New Delhi, the 28th February, 2014

S.O. 976.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 34/2008)

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

Nagpur as shown in the Annexure, in the industrial dispute

between the management of State Bank of India and their

workmen, which was received by the Central Government

on 27/2/2014.

[No. L-12012/18/2008-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE SHRI J. P. CHAND, PRESIDING OFFICER,

CGIT-CUM-LABOUR COURT, NAGPUR

Case No. CGIT/NGP/34/2008

Date: 14.02.2014.

Party No. 1

:

The Assistant General

Manager, State Bank of India,

Zonal Office, S.V. Patel Marg,

Nagpur

V/s.

Party No. 2

:

The Asstt. General Secretary,

State Bank Staff Union,

C/O State Bank of India,

Zonal Office, S.V. Patel Marg,

Nagpur, Maharashtra.

AWARD

(Dated: 14th February, 2014)

In exercise of the powers conferred by clause (d) of

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

Industrial Disputes Act, 1947 (14 of 1947) ("the Act" in

short), the Central Government has referred the industrial

dispute between the employers, in relation to the

management of State Bank of India, Zonal Office and their

workman, Shri P.L. Mahadole, for adjudication, as per letter

No. L-12012/18/2008-IR(B-I) dated 16-09-2008, with the

following schedule:—

"Whether the action of the management of the State

Bank of India through its Assistant General Manager,

Region-VI (Disciplinary Authority), Nagpur and Dy.

General Manager (Appellate Authority), Nagpur in

terminating the service of workman, Shri P.L

Mahadole w.e.f 15.09.2005, is legal and justified? To

what relief is the workman concerned entitled?"

2. On receipt of the reference, parties were noticed to

file their respective statement of claim and written statement,

in response to which, the workman Shri P.L. Mahadole,

("the workman" in short) through his union, "State Bank

Staff Union ("the union" in short) filed the statement of

claim and the management of State Bank of India ("party

no. 1" in short) filed the written statement.

The case of the workman as presented in the

statement of claim by the union is that it (union) is a

registered trade union of the employees working with party

no. 1 and the workman is its member and party no. 1 is a

statutory Bank and is an industry within the difinition of

Section 2 (j) of the Act and the service conditions of the

employees of party no. 1 are governed by the provisions

of Sastry Award, Desai Award and different bi-partite

settlements signed between the management and their

workmen and a charge sheet under clause 5(p) of the bi-

partite settlement dated 08.11.2004 was issued against the

workman on the allegation of his remaining absent from

duties for a period of more than 30 days and the Disciplinary

authority appointed the Enquiry Officer to conduct the

departmental enquiry and the Enquiry Officer conducted

the departmental enquiry and submitted his report holding

the charges to have been proved against the workman and

the Disciplinary authority by order dated 15.09.2005

awarded the punishment of removal from service without

notice w.e.f. 15.09.2005 and the workman preferred an appeal

against the order of punishment, but the appeal was

dismissed by the Appellate Authority. The further case of

the union on behalf of the workman is that the departmental

enquiry conducted by Shri S.Y. Ingole was not fair and

valid and the entire enquiry came to be concluded during

the proceedings held between 16.12.2004 to 02.02.2005 and

the Enquiry Officer lost sight of the fact that the workman

did not know English and it was therefore, necessary on

the part of the Enquiry Officer to take required steps to

give every opportunity to the workman, but the same was

not done and the documents called for from the Enquiry

Officer, even though ordered to be produced were not

supplied to the workman with an opportunity to study the

same and whatever documents were produced by the

Presenting Officer were given to the workman in the

eleventh hour and no adequate opportunity was given to

the workman and there were no proved documents on the

record of the enquiry and the Enquiry Officer did not take

any pain to see that the documents produced by the

Presenting Office were duly proved and admitted by the

delinquent employee and the presenting Officer preferred

not to examine any witness on behalf of the Bank and he

also did not produce any formal witness to prove the

documents, so the Enquiry Officer should have concluded

the enquiry for want of any evidence on record and he

enquiry is therefore vitiated and the Enquiry Officer was

biased against the workman and took it for granted that his

duty was only to declare the charge as proved without any

document/evidence on record and he conducted the entire

enquiry without proper application of mind and along with

the charge sheet, neither list of documents was supplied

nor list of witnesses was given as a result of which, proper

opportunity was denied to the workman to defend himself

and the charge sheet submitted against the workman was

not plain and specific and the same was completely under

the shadow of the previous disciplinary action taken by

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2559

party no.1 against the workman and by specifying the

previous closed disciplinary action and relying on the same

for the charge sheet in question, establishes bias attitude

of the authorities and the Enquiry Officer submitted his

report without mentioning any date on the same and the

Enquiry Officer lost sight of the fact that he had to give his

findings only basing on the evidence proved before him,

but without any evidence on record, the Enquiry Officer

held the charges levelled against the workman to have

been proved and the report of the Enquiry Officer is most

casual and not based on any evidence and for all these

reasons, the findings of the Enquiry Officer are perverse.

The further case of the workman as presented by the

union is that for declaring the charge proved under para

5(p), it is necessary to prove that workman remained absent

without any intimation, but this was not proved before the

Enquiry Officer and neither the Enquiry Officer nor the

authorities considered this aspect and punishment of

removal from service was without notice was awarded

recklessly and the punishment is therefore, bad in law and

the authorities below did not consider the fact that leave

was taken by him for genunine reasons beyond his control

and the punishment is shockingly disproportionate to the

gravity of the misconduct and the workman had put in 20

years of service and due to the punishment, he was thrown

on the street and he is not in any employment, much less

gainful employment after removal from service.

Prayer has been made by the union for the

reinstatement of the workman in service with continuity in

service and full back wages and all consequential benefits.

3. The party no. 1 in the written statement has pleaded

inter-alia that the workman was working at Wardha branch

of the Bank as Farash-cum-messenger, when the charge

sheet came to be issued to him and the workman remained

unauthorized absent from his duties from 15.10.1996 for

1104 days and as such, charge sheet dated 06.12.2002 was

issued against him and after conducting the enquiry fairly

and properly, the misconduct of the workman was found to

be proved and the Disciplinary Authority took a lenient

view, considering the family problems as stated by the

workman and the promises made by him to follow the leave

Rules and imposed a mild punishment of bringing down

his pay by two stages and the said punishment was

accepted by the workman and the workman again started

remaining unauthorisedly absent without any intimation

from his duties from 28.09.2004 and as such, memo dated

28.10.2004 was given to him, but he did not reply to the

said memo, so the workman was issued with the charge

sheet on 08.11.2004, which was received by him on

19.11.2004 and the Enquiry Officer conducted the enquiry

from 06.12.2004 to 22.02.2005, in five sittings, giving ample

opportunity to the workman to defend his case and after

the enquiry, the Enquiry Officer submitted his enquiry

report to the Disciplinary Authority and the Disciplinary

Authority issued a show cause notice dated 30.06.2005

along with a copy of the enquiry report, proposing the

punishment of removal from services and the workman

submitted his reply dated 23.07.2005, where in, he admitted

to have remained unauthorized absent without intimation

and personal hearing was given to the workman by the

Disciplinary Authority and after considering the relevant

materials, the facts of the case and the report of the Enquiry

Officer , passed the final order dated 15.09.2005, imposing

the punishment of "Removal from service without notice"

in terms of para 6(b) of the Bipartite settlement dated

10.04.2002 and the workman preferred an appeal against

the final order, but the appeal was dismissed on 17.12.2005.

The further case of party no. 1 is that in the charge

sheet, the workman was informed and given clear

understanding of the charge and the workman engaged

his defence representative, Shri S.K. Awathankar and he

was provided with all the documents relied upon by it and

the workman did not dispute the documents provided by it

and on the first date of the enquiry on 16.12.2004, the

charges were read over and explained by the Enquiry Officer

to the workman and he denied the same and the workman

was provided with all the documents relied on by it and so

also the documents demanded by the workman through

his defence representative and he was given seven days

time for verifying the documents and he did not dispute

the correctness of the documents and the workman was

given the opportunity to present his witnesses, but he did

not examine any witness and ir had complied with all the

principles of natural justice while conducting the enquiry

and the Enquiry Officer has also given justifiable reasons

for holding the charges to have been proved against the

workman and having regard to the gross misconduct of

the workman, the punishment of removal of the workman

from services was passed and the Enquiry Officer acted

impartially and without any bias and the charge sheet was

very specific and clear and the previous charges were

mentioned in the charge sheet for the reason that the

workman should be aware that the Bank is going to consider

his past misconduct alongwith the fresh misconduct and

there was no irregularity in the charge sheet and the

workman is not entitled to any relief.

4. As this is a case of termination of the workman

from services, after holding of a departmental enquiry, the

fairness or otherwise of the departmental enquiry was taken

for consideration as a preliminary issue and by order dated

21.11.2013, the departmental enquiry conduced against the

workman was held to be legal, proper and in accordance

with the principles of natural justice.

5. At the time of argument, it was submitted by the

learned advocate for the workman that in the entire record

of the departmental proceedings, there is no proved

document and the documents produced by the

management were not duly proved and no witness was

2560

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

examined by the management to prove the documents on

which reliance was placed to prove the charges against the

workman and as such, the findings of the Enquiry Officer

which were based on such documents are perverse. It was

further submitted by the learned advocate for the workman

that the charge sheet submitted by against the workman

was completely under the shadow of previous disciplinary

action taken against the workman by the party No.1, for

which he was duly punished and therefore, the charge

sheet was not proper and valid and the entire enquiry

conducted on the invalid charge sheet was not proper and

the authorities of party No.1 did not consider the fact that

leave taken by the workman was for genuine reasons and

for reasons beyond his control and the punishment of

removal from service is therefore, is shockingly

disproportionate to the gravity of the misconduct and it

was not such a lapse on the part of the workman even if

proved, where punishment from service was warranted and

the order impugned suffers from lawful display of

managerial powers by the party No.1 and as such, the said

order is liable to be set aside in the interest of justice.

It is to be mentioned here that the issue of mentioning

of the previous misconduct of remaining unauthorisedly

absent from duty and the punishment imposed against the

workman had been raised by the learned advocate for the

workman at the time of deciding the preliminary issue of

the fairness or otherwise of the validity of the enquiry and

the same had been duly considered and answered against

the workman while passing the order on 21.11.2013. So,

there is no scope to consider the said issue again.

6. Per contra, it was submitted by the learned advocate

for party No.1 that by order dated 21.11.2013, it has already

been held by this Tribunal that the departmental enquiry

conducted against the workman to be legal, proper and in

accordance with the principles of natural justice and charge

sheet was served on the workman for remaining

unauthorised absent from duty for a period beyond 30

days, which act was "grave misconduct" in terms of para 5

(p) of bi-partite settlement dated 10.04.2002 and the

workman was also informed in the charge sheet about taking

in to consideration the punishment imposed against him

for his past misconduct of remaining unauthorisedly absent

for 1104 days and the Enquiry Officer has given justifiable

reasons for holding the charges levelled against the

workman to have been proved during the enquiry and it

cannot be said that the findings of the Enquiry Officer are

perverse. It was further submitted by the learned advocate

for the party No.1 that the workman was given lighter

punishment for the earlier grave misconduct of remaining

unauthorisedly absent for 1104 days and still then the

workman continued the misconduct and therefore, it cannot

be said that the punishment awarded to the workman is

shockingly disproportionate and the action of party no.1

is legal and justified and the workman is not entitled to any

relief.

In support of the submissions, the learned advocate

for the party No.1 placed reliance on the decisions reported

in (2008) 1 SCC_224 ( L&T Komatsu Ltd. vs. Uday Kumar )

and (2006) 7 SCC-410 (GM Appellate Authority Bank of

India vs. Mohd. Nizamuddin).

7. Before delving into the merit of the matter, I think it

proper to mention about the settled principles enunciated

by the Hon'ble Apex Court in regard to the jurisdiction of

the Tribunal to interfere with the punishment of dismissal

or termination imposed in a departmental inquiry against

the workman. It is well settled by the Hon'ble Apex Court

that, ‘‘In case of dismissal or termination, the jurisdiction

of the industrial tribunal is limited to see as to whether the

impugned order has been passed malafide with improper

nature or is the result of a desire to victimize the workman

or arising out of unfair labour practice. If a proper charge

has been framed and inquiry made, the findings or

conclusions can only interfered, if they are perverse and

are not supported by any evidence or if the trial has been

conducted unfairly in violation of the principles of natural

justice. It is not open to an industrial tribunal to sit in

appeal over the conclusions recorded in the domestic

enquiry.

8. In this case, on perusal of the records of the

departmental enquiry held against the workman, it is found

that on 11.01.2005, the management representative

produced nine documents including the three documents

demanded by the defence representative for the workman

and the said documents were taken on record and copies

of the said documents were given to the defence

representative and the documents were marked as P Ex. 1

to P Ex. 9 and on the request of the defence representative

seven days time was granted by the Enquiry Officer for

verification and the genuineness of the said documents

was not disputed either by the workman or his defence

representative. No witness was examined on behalf of the

management in the departmental enquiry. The defence

representative also placed reliance on the said documents

to show that the charge was not proved against the

workman. So, it cannot be said that there was no proved

document on the record of the departmental enquiry.

9. Admittedly, charge sheet dated 08.11.2004 was

served on the workman under para 5 (p) of the Bipartite

agreement dated 10.04.2002 on the allegation of his not

reporting for duties since 28.09.2004 to 08.11.2004, i.e. more

than 30 days. It is found from record that remaining

unauthorisedly absent without intimation continuously for

exceeding 30 days amounts to gross misconduct and

punishment of dismissal without notice is one of the

punishments prescribed for commission of grave

misconduct by an employee, under para 6 of the said

Bipartite agreement.

10. On perusal of the material on record, it is found

that the findings of the Enquiry Officer are completely

against the evidence on record and so also, in excess of

the charge. The conclusion drawn by the Enquiry Officer

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2561

on the materials on record of the enquiry cannot be that of

a reasonable man and the findings of the Enquiry Officer

are against the whole body of evidence adduced.

In his report, Ext. W-IV, the Enquiry Officer has

mentioned that the workman left the branch on 28th, 29th

and 30th September, 2004 at 3 P.M., 12 noon and 11 A.M.

respectively as recorded in the muster roll, Ext. M-XII. The

said facts clearly show that the workman had attended his

duty on those days, but he left the office before the closing

hours of the office. On perusal of the muster roll, Ext. M-

XII, it is found that the signature of the workman with time

of arrival and departure dated 28th, 29th, and 30th,

September, 2004 have been rounded up and it has been

mentioned, "left at 3 P.M., 12 noon and 11 A.M.",

respectively and such facts have also been mentioned in

the remarks column of the said register. It is not known as

to who made such endorsement and when it was made. It is

also mentioned below the signature of the workman dated

30.09.2004 to deduct the date of absence of the workman

from his leave. There is no material on record to show that

if any explanation was called from the workman for leaving

the office before the schedule time of departure on those

three days or leave was deducted from his account or any

other action was taken against him for the same.

In his report, the Enquiry Officer has also mentioned

about the workman submitting a leave application on

06.10.2004. It is mentioned by the Enquiry Officer that the

leave application dated 06.10.2004 bears neither the period

of leave nor type of leave and reason there for and as such

it is not acceptable. It is to be mentioned that the Enquiry

Officer was not the authority to consider the validity of the

leave application of the workman dated 06.10.2004. The

said leave application has been marked as Ext. M-VI. On

perusal of the same it is found that nothing has been

mentioned on the said application as to whether the same

was considered or not by the competent authority. There

is also no material on record to show as to what action was

taken by party No.1 on Ext. M-VI. It is also found that the

Enquiry Officer has mentioned about the workman

remaining unauthorisedly absent for 1104 days and the

workman was being punished and the light of the above

findings, the charge was proved against the workman. The

above stated facts show that the Enquiry Officer relied on

extraneous materials in holding the charge to have been

proved against the workman.

It is also found from the record of the departmental

proceedings dated 18.01.2005 that the Presenting officer

submitted about the workman giving his explanation on

25.11.2004 for his absence along with a medical certificate

showing that he was under medical treatment from 5th

October, 2004 to 17th November, 2004 and the same

covering the period of absence of the workman from

05.10.2004 to 17.11.2004. However, the Enquiry Officer while

submitting his report did not consider about the plea taken

by the workman and the medical certificate submitted in

support of his illness. The Enquiry Officer has not

mentioned a single word in that respect. Hence, it is clear

that the findings of the Enquiry Officer are perverse.

11. The order of punishment dated 15.09.2005 passed

by the Disciplinary Authority has been marked as Ext. W-

II. In his order, the Disciplinary Authority has mentioned

that the workman remained unauthorized absent for 1321

days up to 08.1l.2005 and he remained unauthorized absent

for 77 days since 08.11.2004 to 31.08.2005 and such absence

affected the customer service. So, it is clear that the findings

of the Disciplinary Authority are also in excess of the charge

levelled against the workman.

Likewise, the Appellate Authority has mentioned in

his order dated 28.02.2006, Ext W-VIII that the workman

remained absent from duty for more than 1321 days and in

his concluding paragraph, he has mentioned that, ‘‘As an

Appellate Authority, I agree with the decision taken by the

appointing authority for the reason that an absence of

more than 1321 days does not allow any leniency in the

punishment. I, therefore, upheld the decision taken by the

appointing authority’’ The Appellate Authority has not

given any finding as to whether from the evidence on the

record of the departmental enquiry, the charge was proved

against the workman. Rather, the findings of the Appellate

Authority are also in excess of the charge levelled against

the workman.

From the materials on record, it is found that the

findings of the Enquiry Officer are against the evidence on

record of the departmental enquiry and therefore are

perverse. As the punishment imposed against the workman

was based on such perverse findings, the same is illegal

and cannot be sustained. Therefore, the punishment of

dismissal from service without notice imposed against the

workman is liable to be quashed and set aside.

12. Now, the question remains for consideration is as

to what relief or reliefs the workman is entitled. The work-

man is certainly entitled for reinstatement in service with

continuity. After taking into consideration the facts and

circumstances of the case, I think that the workman is also

entitled to 25% back wages and all other consequential

service benefits.

In view of the facts and circumstances of the case as

mentioned above, with respect, I am of the view that the

decisions cited by the learned advocate for the party No. 1

have no application to the reference. Hence, it is ordered:

ORDER

The action of the management of the State Bank of

India through its Assistant General Manager, Region-VI

(Disciplinary Authority), Nagpur & Dy. General Manager

(Appellate Authority), Nagpur in terminating the service

of workman, Shri P.L. Mahadole w.e.f. 15.09.2005, is illegal

and unjustified. Therefore, the punishment of dismissal

2562

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

from service without notice imposed against the workman

is quashed and set aside. The workman is entitled for rein-

statement in service with continuity. The workman is also

entitled to 25% of back wages from the date of his dis-

missal from service till the date of his actual reinstatement

in service and all other consequential service benefits. The

party No.1 is directed to implement the award within one

month of the date of notification of the award in the official

gazette.

J. P. CHAND, Presiding Officer

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 977.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh; LVsV cSad

ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k

esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] fnYyh ds iapkV ¼lanHkZ la[;k 36@2009½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 27@2@2014 dks izkIr gqvk FkkA

[lañ ,y&12012@37@2009&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 977.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 36/2009)

of the Cent.Govt.Indus.Tribunal-cum-Labour Court No. I,

Delhi 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

27/02/2014.

[No. L-12012/37/2009-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

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

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

NO. 1, KARKARDOOMA COURTS COMPLEX, DELHI

I.D. No. 36/2009

Smt. Sheela Devi W/o Late Shri Satya Prakash,

R/o H.No. 445, Village & P.O. Bakhatwarpur,

Delhi-110 036

....Workman

Versus

1. The Asstt. General Manager,

Region-IV, State Bank of India,

Zonal Office, 11, Parliament Street,

New Delhi.

2. The Dy. General Manager,

Delhi Zone Office II,

11, Parliament Street,

New Delhi.

....Management

ORDER

An industrial dispute, referred to this Tribunal for

adjudication, vide order No. L-12012/37/2009-IR (B-I), New

Delhi dated 23.7.2009, was articulated vide award dated on

31.08.2012. Inadvertently in last sentence of the award

clerical mistake occurred, which is detailed as below:

"In view of above discussion, it is concluded that

order of removal from service with superannuation

benefits, which is found proportionate to the

misconduct committed by Smt. Sheela would not

relate back to the date when the bank passed that

order on 13.4.2007. As detailed above, in award dated

27.7.2010, the order of punishment passed by the

bank was held to be non-est, being violative of the

provisions of section 33(2)(b) of the Act. By way of

findings recorded by the Tribunal, it does not attempt

to rejuvenate that order. Resultantly the order of

removal from service would come into operation from

the date of the award. Therefore awarding

punishment of removal from service with

superannuation benefits to Smt. Sheela Devi, an

award is, accordingly, passed. It be sent to the

appropriate Government for publication".

2. Rule 28 of the Industrial Disputes (Central) Rules

1957 provides for correction of errors. For sake of ready

reference aforesaid rule is extracted thus.

"The Labour Court Tribunal, National Tribunal or

Arbitrator may correct any clerical mistake or error

arising from an accidental slip or omission in any

award it/he issues".

3. Clerical error can be defined as an error in a

document which can only by explained by considering it

to be a slip or mistake of the party preparing or copying it.

Literally an error is said to be "clerical" where it is made by

a clerk or some subordinate agent, but actually it means an

error committed it the performance of clerical work, whether

by the Court the draftsman of the Act or by the clerk. It is

an error which cannot reasonably be attributed to the

exercise of judicial consideration or discretion Clerical error

is in the nature of an inadvertent omission or mistake. The

term "clerical error" which is amendable nunc pro tunc is

distinguishable from a "judicial error" which can be

corrected only on review or an appeal. Reference can be

made to precedents in Rosamma Punnose (AIR 1958 Ker.

154) and Mansha Ram L. Jagdish Rai (AIR 1962 Punj. 110).

4. Accidental slip occurs when something is wrongly

put in by an accident and an accidental omission occurs

when something is left out by accident. The expression

"accidental slip" as occurring in section 152 (new) of the

Cofe of Civil Procedure was construed by the Federal Court

in Sachindara Nath Kolya (5 DLP 68), wherein it was

observed as a follows:

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2563

"It needs to be stressed that the keyword in the

relevant phrase is "accidental" and it qualifies "omission"

also, with the result that the procedure provided by section

cannot be used to correct omission, however erroneous,

which are intentional, not indeed in the sense of conscious

choice, for no court, is supposed to commit an error

knowing it to be such, but in the sense that the Court

meant not to omit what was omitted".

5. Apex Court in Tulsipur Sugar Company Ltd. [1969

(2) SCC 100] had occasion to consider correctional

jurisdiction of the Labour Court constituted under the UP

Industrial Disputes Act, 1947. In that precedent the Apex

Court made reference to the provisions of Section 152 of

the Code of Civil Procedure and rule 28 of the Rules and

announced that power of correction of error is a limited

one, which can be exercised only to cases where mistake,

clerical or arithmetical or an error arising from an accidental

slip or omission had occurred. It was ruled therein that this

power is limited only to cases where clerical or arithmetical

mistake or errors arising from an accidental slip or omission

have occurred.

6. After ascertaining the scope of powers of correction

of errors available to this Tribunal, now it would be

ascertained as to whether mention of "Therefore awarding

punishment of removal from service with superannuation

benefits to Smt. Sheela Devi, an award is, accordingly

passed", was a conscious act of the Tribunal. Answer lies

in negative. It was recorded on account of accidental

mistake. This Tribunal has power to correct the accidental

mistake. Accordingly, it is ordered that last sentence of the

award recorded as "Therefore, awarding punishment of

removal from service with superannuation benefits to Smt.

Sheela Devi an award is, accordingly, passed", may be

read as "Therefore, punishment of removal from service

with superannuation benefits to Smt. Sheela Devi would

operate from the date of the award, that is 31.08.2012. An

award is, accordingly, passed". Ordered accordingly. The

appropriate Government may be communicated of

correction, so made in the award, for publication.

Dated : 17.02.2014

Dr. R. K. YADAV, Presiding Officer

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 978.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ikykoku xzkeh.k

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

vfèdj.k@Je U;k;ky;] psUubZ ds iapkV ¼lanHkZ la[;k 91@2011½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 27@2@2014 dks izkIr gqvk

FkkA

[lañ ,y&12012@78@2011&vkbZ vkj ¼ch&I½]

lqefr ldykuh] vuqHkkx vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 978.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 91/

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

Chennai as shown in the Annexure, in the Industiral Dispute

between the management of Pallavan Gramin Bank and

their workmen, received by the Central Govenrment on

27/02/2014.

[No. L-12012/78/2011-IR(B-I)]

SUMATI SAKLANI, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Friday, the 14th February, 2014

Present : K. P. PRASANNA KUMAR, Presiding Officer

Industrial Dispute No. 91/2011

[In the matter of the dispute for adjudication under

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

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

the Management of Pallavan Gramin Bank and their

workman]

BETWEEN

Sri R. Kumar

:

1st Party/Petitioner

AND

The Chairman

:

2nd Party/Respondent

Pallavan Grama Bank,

Head Office No. 6,

Yercaud Road,

Hasthamaptti

Salem-636007

Appearance:

For the 1st Party/

:

M/s. K.M. Ramesh,

Petitioner

K.G. Vipra Narayanan,

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-12012/78/2011-IR(B-I)

dated 22.11.2011 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, Sulagiri Branch at Dharmapuri in

imposing the penalty of removal from service on

2564

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

Sri. R. Kumar, ex-clerk/cashier vide their order dated

03.01.2009, is legal and justified? To what relief the

workman is entitled?"

2. On receipt of the Industrial Dispute this Tribunal

has numbered it as ID 91/2011 and issued notices to both

sides. Both sides have entered appearance through their

counsel and have filed Claim and Counter Statement

respectively. The petitioner has filed rejoinder after the

Counter Statement was filed.

3. The averments in the Claim Statement filed by the

petitioner in brief are these:

The petitioner had joined the service of Adhiyaman

Grama Bank in 1988 as Clerk/Cashier. He had been

discharging his duties efficiently and sincerely without

giving room for any complaint. While he was working as

Clerk/Cashier in Sulagiri Branch, a memo dated 18.09.2007

was issued to him alleging irregularity regarding short credit

of Rs. 1000. The petitioner had submitted his reply to the

said memo. The Bank had issued another memo dated

23.11.2007 alleging the very same irregularities. The

petitioner has given a reply to this also. After this, the

Respondent had issued a Charge sheet dated 19.12.2007 to

the petitioner alleging that on 03.9.2007 he had short

accounted an amount of Rs. 1,000 remitted to SB A/c No.

4803 and had misappropriated this said Rs. 1,000 and that

he had failed to report any excess cash while closing the

cash for the day. Even before the petitioner could submit

his explanation to the Charge Memo, an Enquiry Officer

was appointed to enquire into the charges against the

petitioner. The enquiry was into conducted in a fair and

proper manner. The petitioner was not permitted to peruse

the documents produced. On conclusion of the enquiry a

report was submitted with a finding that the charges are

established. The Disciplinary Authority after issuing a

show Cause Notice to the petitioner imposed the

Punishment of removal from service without disqualification

for future employment against the petitioner. The petitioner

had preferred an appeal to the Board of Directors of the

Respondent against the punishment imposed on him. The

appeal was rejected. Thereafter, the petitioner had raised

the dispute. The petitioner had not committed the

misappropriation alleged. In the branch wherein the

petitioner was working at the time of the alleged incident

power failure was usual. On such occasions, their would

not be sufficient light at the Cash Counter. At the opening

time of business hours, several persons will be throning in

front of the counter. The case of the Respondent is that

even though as per the Challan the amount to be remitted

was Rs. 3,500, the petitioner had entered Rs. 2,500 only as

the amount received and misappropriate the amount of

Rs. 1,000. In all probability the petitioner might have received

5 notes of 500 Rupee denomination and on counting he

might have punched Rs. 2,500/- in the amount column and

500 x 5 into the denomination column. One the impression

that challan amount would be Rs. 2,500, he might have

mechanically affixed the stamp and his initial. This might

have happened because of insufficient light. The petitioner

had not verified the entries in the remittance challan. The

denomination details entered were of the amount actually

received. In the absence of receipt of any excess cash there

was no occasion for the petitioner to report about any

excess to the Manager. The cash had tallied at the close of

the day. The findings of the Enquiry Officer is not based

on the evidence available. The punishment imposed on

the petitioner is illegal and without any justification. An

order may be passed directing the Respondent to reinstate

the petitioner in service with continuity of service, back

wages and all other attendant benefits.

4. The Respondent has filed Counter Statement

contending as follows:

The Respondent came into being in the year 2006 by

merger of Adhiyaman Grama Bank and Vallalar Grama Bank.

The petitioner was working as Clerk/Cashier in the

Respondent Bank. All the allegations made in the Claim

Statement are incorrect. The Respondent had called an

explanation from the petitioner by letter dated 18.09.2007

and issued Show Cause Notice to him on 23.11.2007 for the

misconduct of misappropriation of Rs. 1,000 from SB A/c

No. 4803. Since the reply given by the petitioner was not

satisfactory, Charge Sheet was issued to him alleging

misconduct of misappropriation. It is incorrect to allege

that the petitioner was not given opportunity to give reply

to the Charge Sheet. An enquiry was conducted on the

charges alleged against the petitioner. The charges having

been found proved the punishment of removal from service

was imposed on the petitioner. The petitioner is not entitled

to any relief.

5. In the rejoinder filed by the petitioner in reply to

the Counter Statement he has reiterated the case in the

petition and also denied the allegations made in the Counter

Statement.

6. The evidence in the case consists of oral evidence

of the petitioner examined as WW1 and the documents

marked as Ext.W1 to Ext.W23. No evidence was adduced

on the side of the Respondent.

7. The points for considerations are :

(i) Whether the action of the Respondent in

imposing the penalty of removal from service on

the petitioner is legal and proper?

(ii) What is the relief to which the petitioner is

entitled?

The Points

8. The petitioner had admittedly joined the service of

Adhiyaman Grama Bank in the year 1988. The Respondent

Bank had come into being of amalgamation of Adhiyaman

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2565

Grama Bank and Vallalar Grama Bank, in the year 2006.

Consequently the petitioner who was earlier an employee

of Adhiyaman Grama Bank had become the employee of

the Respondent Bank. At the time of the incident he was

working in Sulagiri branch of the Bank as Clerk/Casher.

9. The incident which resulted in the removal of the

peitioner from service had occurred on 03.09.2007. MW2

examined in the enquiry was holding SB A/c No. 4803 in

Shulagiri Branch in which the petitioner was working.

According to the Respondent on this date Rs. 3,500 had

been brought to the Bank for remittance with challan for

the said amount. The allegation is that though MW1 in the

enquiry had approached the petitioner and had entrusted

Rs. 3,500 to him for remittance to the account, he had

remitted Rs. 2,500 only thus short crediting Rs. 1,000 and

had misappropriated the said amount.

10. The petitioner is not disputing the case that the

challan showed Rs. 3,500 itself. According to him, because

of insufficient light and also because several customers

were waiting at the bank even at the beginning of the

business he might have counted the amount that was

entrusted with him by MW1 without verifying the entry in

the challan and the mistake might have occurred in this

manner. According to him, only 5 notes of Rs. 500

denomination amounting to Rs. 2,500 might have been

entrusted with him by MW1. The difference in the challan

and the entry made by him is only because he had

committed the folly of omitting to verify the challan

resulting in his making an entry of the amount that was

entrusted to him by MW1. Even though the petitioner was

asked to make good the amount by remitting Rs. 1,000 to

the credit of A/c No. 4803, he had refused to do so initially

based on his stand that he had not misappropriated any

amount. However subsequently he has remitted the amount.

According to him he had not remitted the amount initially

on the apprehension that it would be interpreted as

admission of misappropriation on his part.

11. It has been argued by the Counsel for the

petitioner that the evidence available in the enquiry is not

sufficient to prove the charge of misappropriation alleged

against the petitioner. The Enquiry Officer had examined

MW1 who had been to the bank to remit the amount and

also MW2 in whose name is the account and had entrusted

the amount with MW1 for remittance. The Management

had marked the cash remittance challan of Rs. 3,500 and

counterfoil of the same in the enquiry proceedings. The

letter written by MW1 to the bank regarding the short

accounting, letter by MW2 complaining the short

accounting and also other documents in the office of MW2

to prove remittance of Rs. 3,500 at the bank on 03.09.2007

are also produced.

12. Though in the Claim Statement, the petitioner

has questioned the fairness of the enquiry also, the counsel

for the petitioner has made endorsement stating that he is

not pursuing with the issue regarding fairness of enquiry.

This amounts to admission on the part of the petitioner

that enquiry was conducted in a fair and proper manner

and that he has been given sufficient opportunity to defend

his case.

13. The question to be considered is whether the

oral and documentary evidence tendered in the enquiry is

sufficient to establish that it is a case where the petitioner

had deliberately and intentionally short credited Rs. 1,000

to the SB A/c No. 4803 and misappropriated the amount of

Rs. 1,000. The witnesses brought in by the Management,

as stated, are MWs 1 and 2. These witnesses have given

evidence in Tamil. An English version of their deposition

has been furnished to me. Account No. 4803 in the Bank in

the name of MW2 seems to be in her capacity as the

Animator of Mahalir Manram. MW1 is a member of the

Manram. MW1 has stated that she had been to the Bank to

deposit the money on 03.09.2007. In answer to the question

by the Presenting Officer how much money she has

deposited, she had answered that she has deposited money

as per two challans as written by IVDP Office. When she

was asked how much amount was shown in the two

challans, she has replied that it was as per TV challan and

Savings challan. She was again asked how much amount

was deposited in TV challan and she has replied that she

had deposited amount as written by IVDP Office. When

she was asked about the letter written by her to the Bank

Manager stating that she has deposited Rs. 3,500, she

stated that when she was asked how much money was

deposited she had informed that it was Rs. 3,500 and that

the one who had questioned her had obtained her signature

also. When she was asked about the denomination of

notes she had remitted she had answered that she could

not say. She then stated that she was told that it was

Rs. 3,500/-. The Presenting Officer again asked her if she

had counted the money she received for remittance. Then

she answered that they themselves had counted and given

the challan. During cross-examination by the defence

representative the witness has stated that she did not see

how much was the amount in the challan, that she had

deposited the money that was given to her from the office

and had not seen it.

14. What is to be deciphered from the evidence of

MW1 is that she was only a carrier of the amount entrusted

with her from the office of MW2. She does not seem to

have verified what is the amount written in the challan and

what was the amount that was entrusted with her. She

merely took the money to the petitioner who was at the

counter. It is the case of the petitioner that he might have

received only Rs. 2,500/- that he might have made the entries

in the records by counting the amount without verifying

the challan. According to him, he had presumed that the

amount in the challan would be the amount that was

entrusted with him. When MW1 who had handed over the

amount to the petitioner herself is not very specific about

2566

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

the amount that has been given there is certainly probability

that she received only Rs. 2,500/- from the office or she

handed over only Rs. 2,500/- to the petitioner. MW1 seems

to have been not very vigilant either at the time of receiving

the amount from the office or at the time of entrusting the

amount to the petitioner. She has stated that she had merely

deposited the amount that was entrusted with her and had

no occasion to verify it.

15. What is the evidence given by MW2? She is the

one in-charge of IVDP office of Sulagiri branch. When she

was asked how she deposits the money of women's group

in the bank, she has stated that her office collects the

money and makes entry in the Resolution Register with

denomination of the notes. When they are back to the

office, they verify the challan and accounts and will send it

to the Bank. She has stated that on 03.09.2007 she had

given a letter to the Bank stating that Rs. 1,000/- had been

short remitted. She used to receive printout of the account

once in a week. On checking the printout she noticed that

Rs. 2,500/- only has come into the account instead of Rs.

3,500/-. She had informed the bank, on noticing this. During

cross-examination she has stated that the Manager had

asked the Cashier about it and the Cashier had informed

that there was no excess money and had offered to verify

again. It could be seen that the evidence of MW2 is only

on the basis that challan is for Rs. 3,500/-. When she noticed

that rather than Rs. 3,500/-, only Rs. 2,500/- has come to the

account, she had informed the bank about it. She had not

stated during her examination that she is the one who

entrusted the amount with MW1. She had not been to the

Bank on the date of the incident. She does not know what

transpired at the Bank on that day. The only person who

could have made assertion on the actual amount that was

remitted was MW1. However, her evidence in this respect

is very vague and unconvincing, as already discussed.

16. The Enquiry Officer has entered a finding against

the petitioner mainly on the basis that the challan is for Rs.

3,500/- and in that case the amount entrusted with the

petitioner must have been Rs. 3,500/- itself. In fact even

from the finding entered by the Enquiry Officer what is

seen is that he himself did not find a case of

misappropriation against the petitioner. He was finding fault

with the petitioner for his dereliction from duty. He has

quoted the admission by the petitioner that ‘‘he used to

affix the seal on the challan and on the counter foil hoping

that it would tally with the amount received’’ and has stated

that it is a direct admission of unhealthy practice followed

by the petitioner which amounts to a dereliction of duty.

The Enquiry Officer has observed that the petitioner is

expected to verify the cash received from the parties by

ensuring its correctness and that any act other than

normal procedure is violative of the rules, that procedures

expected to be obeyed. Nowhere in his except the

concluding portion after discussion of Charge 1, he has

stated that there is misapporpriation by the petitioner.

However, on this aspect there is no discussion of any

kind, in the report. The only conclusion he has arrived at

by analyzing the events is that it was a case of the

petitioner not following the procedure correctly and

properly.

17. What is the legal position regarding cases where

a delinguent is facing the charge of misappropriation? As

early as 1964, as held in the UNION OF INDIA Vs. GOEL

reported in AIR SC 364, the Apex Court has held that the

principle that in punishing the guilty scrupulous care must

be taken to see that the innocent are not punished applies

as much to regular criminal trial as to disciplinary enquiries

held under the statutory rules. This dictum has been

followed by the Apex Court in the decision N.K. PRASAD

VS. STATE OF BIHAR AND OTHERS reported in 1978 2

LLJ 84 also. Here it was held that suspicion cannot be

allowd to take the place of proof even in domestic enquiries

s and that the principle that in punishing the guilty

scrcupulous care must be taken to see that the innoncent

are not punished, applied as much to regular criminal

trials as to disciplinary enquiries held under the statutory

rules also. This principle has been followed in the

decisions of the Madras High Court reported in 1985 1 LLJ

46 and 1995 1 LLJ 193 also.

18. What is to be seen is that there is no clinching or

convincing evidence regarding the malafide intention of

the petitioner of misappropriating the amount. Only

because there was a shortage of Rs. 1,000/- when remittance

was entered, guilt was cast on the petitioner. It is based

on probabilities only that the Enquiry Officer has entered

into such a finding.

19. When the circumstances are considered it

could be seen that the petitioner deserved to have been

treated in a better manner. The man had entered service

of the Bank in 1988. The incident is in 2007, after almost 20

years of his service with the Respondent Bank and its

predecessor. There is no case for the Management that

petitioner who was working as Shroff, who was dealing

with lakhs of rupees daily was ever under even a shadow

of suspcion. It is in fact too much to presume that the

petitioner would have thought of risking his own career

by attempting to pilfer an amount of Rs. 1,000/- from the

account of a women's group. It would not have given him

any gain. Rather he must have been aware that such act

would cost him a lot. One cannot think that the petitioner

would have resorted to such an act deliberately and

intentionally in spite of his awareness of all such adverse

consequences. The paltry amount involved itself

probabilises shows absence of any malafides in the

whole incident.

20. An incident which had occurred on 05.09.2007

would show that the petitioner is not a person who

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2567

would have used an opportunity to make gain on himself

by pocketing the amount obtained from a customer of the

bank. The petitioner has started that on this day excess

amount of Rs. 1,000/- has been remitted by a customer and

that this amount has been returned by the petitioner. MW2

has stated during her examination that on 05.09.2007 one

of the women's group have inadvertently paid Rs. 1,000/-

in excess. The amount was towards an advance for TV

loan and has not been shown in the challan. As pointed

out by the petitioner another challan was filled and the

amount was deposited. The Enquiry Officer has taken

note of this fact but has refused to consider its relevance.

What he has stated is that he is not conisdering the above

reported incident as an act of honesty on the part of the

petitioner and points out to his integrity. In fact the incident

had taken place on the day immediately after the date on

which the alleged misappropiration has taken place. At

the time it was not even noticed that there is difference in

the amount shown in the challan and the amount entered

by the petitioner as remittance. The petitioner had pointed

out to the customer that excess amount of Rs. 1,000/- is

there and had taken seps to see that this amount is also

brought to the account. This is nothing but an act of

honesty on the part of the petitioner. This will certainly

speak about the character of the petitioner. When this is

considered alongwith the absence of any complaint against

the petitioner earlier in the service, it could be seen that he

could not have attempted misappropriation as alleged by

the Management. It was merely based on suspicion arising

out of probabilities, the petitioner was found guilty of the

charge of misappropriation. This finding will not stand

the test of law when considered in the light of judicial

pronouncements on the subject.

21. Other charges against the petitioner are that he

had not reported any excess cash received by him while

closing the cash on 03.09.2007, had not heeded to the

repeated request made by the Branch Manager to remit

the amount short accounted by him and that in spite of

instruction given by the Manager to give a letter stating

reasons for agreeing to remit the disputed amount, he did

not obey. These three charges flow from the fist charge

of misappropriation and have no separate existence.

When the charge of misappropriation is found against,

these charges also are to go.

22. The only fault that could be attributed against

the petitioner without doubt is that he failed to verify the

challan while making the entries regarding remittance. This

certainly is an inadvertence or omission on the part of the

petitioner which amounts to dereliction of duty. However,

by now the petitioner has been sufficiently punished for

his dereliction. He had to go without his job all these

years after he was removed from service. So, I am not

proposing to impose any penalty on the petitioner for his

dereliction. The petitioner is entitled to be reinstated in

service. Considering the circumstances, I am inclined to

allow him 25% of the back wages.

23. In view of my discussion, the Respondent is

directed to renstate the petitioner in service with 25%

back wages and other benefits in proportion, with

continuity of service and all other attendant benefits. The

petitioner will be entitled to interest @ 9% per annum on

the amount payable to him, from the date of publication of

the award.

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 14th February, 2014)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined

For the 1st Party/Petitioner

:

WW1, Sri. R. Kumar

For the 2nd Party/Management

:

None

Documents Marked

On the petitioner's side

Ex. No.

Date

Desrciption

Ex. W1

18.09.2007

Memo issued to the First Party

Ex. W2

01.10.2007

First Party's reply to the Memo

Ex. W3

23.11.2007

Show Cause Notice issued to the First

Party

Ex. W4

11.12.2007

First Party's explanation/reply to the

Show Cause Notice

Ex. W5

19.12.2007

Charge Sheet issued to the First Party

Ex. W6

29.01.2008

Enquiry Proceedings

t o

16.05.2008

Ex. W7

-

Defence summing statement submit-

ted to the Enquiry Office on behalf of

the First Party

Ex. W8

20.10.2008

Letter from the Second Party enclos-

ing enquiry findings

Ex. W9

14.10.2008

Findings of the Enquiry Officer

Ex. W10

31.10.2008

Letter from the Second Party of the

First Party

Ex. W11

06.11.2008

First Party's comments on the enquiry

findigs

Ex. W12

15.12.2008

Second Show Cause Notice issued by

the Second Party Proposing punish-

ment

Ex. W13

22.12.2008

First Party's reply of the Second Show

Cause Notice

Ex. W14

26.12.2008

Proceedings of the personal hearning

given to the first Party by the Second

Party.

Ex. W15

03.01.2009

Order of removal from service issued

to the First Party.

Ex. W16

14.02.2009

Letter from the First Party enclosing

appeal

2568

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

Ex. W17

14.02.2009

Appeal preferred by the First Party

before the Board of Directors of Sec-

ond Party Bank.

Ex. W18

21.02.2009

Letter from the First Party to the Sec-

ond Party

Ex. W19

21.02.2009

Letter from the First Party to the Sec-

ond Party

Ex. W20

16.07.2009

Letter from the Second Party com-

municating the decision of the Board

of Directors rejecting the appeal

Ex. W21

27.10.2009

Industrial Dispute raised by the First

Party before the Assistant Labour

Commissioner (Central), Chennai

Ex. W22

02.03.2010

Remarks/reply filed by the Second

Party before the Assistant Labour

Commissioner (Central), Chennai

Ex. W23

03.12.2010

Rejoinder filed by the First Party be-

fore the Assistant Labour Commis-

sioner (Central), Chennai

On the Management's side

Ex. No.

Date

Description

Nil

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 979.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj iatkc us'kuy

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

vfèdj.k@ Je U;k;ky;] paMhx<+ ds iapkV ¼lanHkZ la[;k 452@2005½

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 28&2&2014 dks izkIr

gqvk FkkA

[lañ ,y&12011@233@2002&vkbZ vkj ¼ch&II½]

jfo dqekj] vuqHkkx vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 979.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No 452/2005)

of the Central Government Industrial Tribunal-cum-Labour

Court No. II, Chandigarh as shown in the Annexure, in the

Industrial dispute between the management of Punjab

National Bank and their workman, which was received by

the Central Government on 28/2/2014.

[No. L-12011/233/2002-IR (B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present : SRI KEWAL KRISHAN, Presiding Officer

Case No. I.D. No. 452/2005

Registered on 19.8.2005

The General Secretary, Punjab National Bank Workers, C/o

Punjab National Bank, Outer Quilla Road, Rohtak.

...Petitioner

Versus

The Regional Manager, Punjab National Bank, (South Delhi)

Region, 10th Floor, Atma Ram House, I Tolstoy Marg, New

Delhi-110001.

...Respondent

APPEARANCES:

For the Workman

:

Sh. Manoj Sood, Adv.

For the Management

:

Sh. Anil Gupta, Adv.

AWARD

Passed on 8.1.2014

Central Government vide Notification No. L-12011/

233/2002 R(B-II) dated 31.8.2003, by exercising its powers

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

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

referred to as 'Act') has referred the following Industrial

disputes for adjudication to this Tribunal:—

"Whether the action of the management of Punjab

National Bank in imposing the penalty of stoppage

of one increment without cumulative effect and

recovery of Rs. 21,000/- upon Sh. R.K. Sethi, Clerk-

cum-Cashier is legal and justified? If not, what relief

the concerned workman is entitled to?"

The facts in brief are that Sh. R.K. Sethi workman

while posted as Clerk-cum-Cashier, Old Faridabad, informed

the Chief Manager about the missing of Rs. 50,000 from his

drawer who placed him under suspension. He was charge-

sheeted vide charge-sheet dated 20.4.1996 to which he

submitted reply on 23.4.1996. His suspension order was

revoked and inquiry was conducted and he was found

guilty of misconduct and accordingly punishment of

stoppage of one increment without cumulative effect and

recovery of Rs. 50,000 as an adminstrative action was

imposed.

Now according to the workman a theft of cash was

due to the fact that there was a broken chair, broken drawer

without lock and key, without safety alarm and this was

due to failure of proper safety arrangement. According to

him, the Inquiry Officer was appointed by the Regional

Manager (South Delhi) Regional Office, New Delhi. That

he was charge-sheeted by different authority and the

Inquiry Officer was appointed by another authority which

is not as per law. That the proceedings were not held as per

procedure and documents were not properly proved before

the Inquiry Officer who recorded finding against him. He

submitted reply to the show cause notice which was not

considered and even in appeal his contentions were not

considered. However in appeal the penalty of recovery of

Rs. 50,000 was modified to the extent of the amount

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2569

already recovered. That the order of the authorities

imposing a penalty of Rs. 50,000 and stoppage of one annual

grade increment without cumulative effect is bad.

The respondent bank filed written reply pleading that

service conditions of the bank employees are governed by

Shastri Award, Desai Award and Bipartite Settlement dated

19.10.1996 which inter alia provides which officer is

empowered to hold the inquiry and take disciplinary action

and in view of the provisions the workman was properly

charge-sheeted and after conducting proper inquiry, legel

penalty was imposed. That there is no procedural lapse in

the conduct of the inquiry.

I have heard Sh. Manoj Sood, counsel for the

workman and Sh. Anil Gupta, counsel for the management

and have perused and file carefully.

There is no denial of the fact that Rs. 50,000/- were

found missing from the counter of the workman on 18.4.1996.

Accordingly he was charge-sheeted for doing the act

prejudicial to the interest of the bank and gross negligence

on his part. He submitted reply and after considering the

same an inquiry was orderd which was conducted by an

Inquiry Officer. The Inquiry Officer, after recording the

evidence, came to the conclusion that charges are proved

against the workman. After serving show cause notice on

the employee, the disciplinary authority imposes a penalty

of stoppage of one increment without cumulative effect in

terms of para 19.6(d) of the Bipartite Settlement and also

ordered for the recovery of Rs. 50,000 found missing from

the cash of the workman. Though it is alleged that proper

procedure was not followed in the conduct of the Inqury,

but nothing has been pointed out to show that the inquiry

has not been conducted as per law or the workman was

prejudiced in any way in the conduct of the inquiry. Thus

it is to be held that inquriy conducted was fair and proper.

However the punishment awarded is not legal. The

punishing authority awarded the punishment of stoppage

of one increment without cumulative effect and also ordered

recovery of Rs. 50,000 found missing from his cash. A

persual of the photocopies of the proceedings of the inquriy

file placed on the file of this Court show that he was charge-

sheeted for doing an act prejudicial to the interest of the

bank and causing serious loss to the bank. When the said

charge was proved, the disciplinary authority was required

to award punishment for the said charge and when

increment was stopped without cumulative effect, it was

not right in ordering the recovery of Rs. 50,000 from the

worker. In appeal the workman raised this contention and

the appellate authority found in the last para of the order

as follows:—

However, the contention of Sh. Sethi that the penalty

of recovery should not be imposed upon him has some

merit because he has also been imposed the penalty of

stoppage of one increment without cumulative effect for

the same misconduct. Therefore, on considering the

contentions of Sh. Sethi during the personal hearing before

me on 24.11.2000 I feel that the ends of justice will be met if

no further recovery is made from Sh. Sethi on account of

shortage of cash except the amount already recovered from

him.

Thus, the appellate authority itself agreed that

penalty of recovery should not have been imposed on the

workman but restricted it to the amount already recovered

from him. Thus, when workman was awarded punishment

of stoppage of one increment without cumultative effect,

imposing the penalty of recovery of Rs. 50,000 to the extent

of amount already recovered from him, when the appellate

authority passed the order, is not legal and valid and

accordingly the punishment order vide which recovery of

Rs. 50,000 was ordered from him is liable to be set aside

and I order accordingly. However the awarding of penalty

of stoppage of one increment without cumulative effect do

not call for any interference.

In result, it is held that the action of the management

for recovering Rs. 21000 from the workman is not legal and

justified and workman is entitled to refund of the same and

management would pay him the same within four months

from the publication of the award failing which the

management shall pay him interest at the rate of six per

cent per annum from today till recovery. The workman is

not entitled to any other relief. The reference is accordingly

answered in the above terms. Let hard and soft copy of the

award be sent to the Central Government and one copy of

the award be sent to the District Judge, Rohtak for

information and further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 980.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj dksphu iksVZ VªLV

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;] bjukdqye ds iapkV ¼lanHkZ la[;k 4@2011½ dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 28&2&2014 dks izkIr gqvk FkkA

[lañ ,y&35011@03@2010&vkbZ vkj ¼ch&II½]

jfo dqekj] vuqHkkx vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 980.—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-cum-Labour

Court, Ernakulam as shown in the Annexure, in the

Industrial dispute between the management of Cochin Port

Trust and their workman, which was received by the Central

Government on 28/2/2014.

[No. L-35011/03/2010-IR (B-II)]

RAVI KUMAR, Section Officer

2570

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present :

Shri D. Sreevallabhan, B.Sc., LL.B,

Presiding Officer

(Friday the 19th day of July, 2013/21st Ashadha, 1935)

I.D. 4/2011

Unions

:

1. The General Secretary

Cochin Port Trust Thozhilali Union

Vankitaraman Road

Willington Island

Cochin-682009

2. The General Secretary

Cochin Thuramugha Thozhilali Union

Willington Island

Cochin

3. The General Secretary

Cochin Port & Dock Employees Union

Near Port Fire Station

Willington Island

Cochin

By Advs. Shri Youseff & Smt. Aysha

Management :

The Chairman

Cochin Port Trust

Willington Island

Cochin

By M/s. Menon & Pai

This case coming up for final hearing on 18-07-2013

and this Tribunal-cum-Labour Court on 19-07-2013 passed

the following:

AWARD

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 (14 of 1947), the Government

of India/Ministry of Labour by its Order No. L-35011/03/

2010-IR(B-II) dated 25-02-2011 referred this industrial

dispute to this tribunal for adjudication.

2. The dispute is:

"Whether the action of the management of Cochin

Port Trust in withdrawing a cutomary benefit hither

to enjoyed by the composite workmen without proper

notice is justifiable? What relief the concerned

workmen are entitled to?"

3. After receipt of summons unions 1 to 3 did not

enter appearance and file any claim statement. Management

after entering appearance remained absent continuously

on the subsequent posting dates and hence set ex-parte.

Thereby an award was passed by this tribunal on

25th July, 2011. Afterwards it was set aside as per order

dated 05th July, 2012 on IA 72/2011 filed by the 3rd union

and on IA 93/2011 filed by the management.

4. After setting aside the award 3rd union filed claim

statement alleging that in the year 1990, the Cochin Dock

Labour Board merged with the Cochin Port Trust with the

objective of total integration and inter-changeability of the

labour force of both the agencies and accordingly an

agreement was entered into on 06.06.1994 with regard to

the merger of the two agencies. Afterwards the workmen

under both the agencies were working as a composite gang

under the Traffic Manager, Assistant Traffic Manager and

Administrative Superintendent. They are dealing with the

cargo of different types. The nature of the work depends

upon the nature of the cargo and hence in all the cargoes it

is not necessary to continuously work for eight hours. As

per the existing system the workers are able to come down

to the workplace and refresh themselves. Even they are

allowed to go home so that they may take rest and be ready

for the work in the next shift. It is a time tested system and

was existing in the larger interest of the productivity and

outturn of work and the interest of the management as well

as the workers. The worker who completes the prescribed

work within a particular time was allowed to go out so as to

make the atmosphere and situation in the port more

comfortable for the other workers. Clause 36 of the

settlement dated 02.08.2000 which came into effect on

01.01.1997 provides protection for the existing benefits

enjoyed by employees and such benefits cannot be

withdrawn unilaterally by the management. The

management in total violation of the aforesaid clause altered

the practice hitherto followed in the cargo section

unilaterally by issuing circulars under the guise of ensuring

Access Control and Security in the port area. All the trade

unions agreed to the introduction of Access Control

System to all the sections of Cochin Port Trust except to

the composite gang workers. In the meeting convened by

the management on 31.01.2009 it was decided that the

problems of the workers will be studied by the Chief

Engineer/Traffic Manager and Heads of Departments along

with the representatives of trade unions. The management

assured that necessary steps would be taken to redress

the grievance of those workers but nothing was done to

fulfill the same. The action of the management to curtail the

existing benefits of the workers in the composite gang being

enjoyed by virtue of the above said settlement is arbitrary

and illegal. They are entitled to enjoy all the existing benefits

irrespective of the unilateral decision of the management.

5. Management filed written statement contending

that Cochin Port Trust is a major port constituted under

the Major Port Trust Act, 1963 and it is a public utility

service as defined under Section 2(n) of the Industrial

Disputes Act, 1947. The third union is representing only 35

out of the 2759 workmen in the port. The policy changes in

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2571

labour matters are finalized in Cochin Port Trust in

consultation with the modality unions having a strength

of at least 15%. The third union represents only a

microscopic minority with 1.3% of the workmen. The Access

Control System was introduced in the port w.e.f. 10.01.2009

as per the instructions of the Government of India to tighten

the security arrangements in the port area. As it is necessary

to prevent unregulated movements of persons the workers

had to stay at the work place till the end of the shift duty in

spite of the fact that there was work allotment or not. The

early departure of the workmen is not an approved benefit

and does not require any notice for its withdrawal. It was

withdrawn after having discussion with the modality

unions. Hence the withdrawal of such a practice without

notice is legal and justified. So the concerned workmen are

not entitled to any relief.

6. Third union did not file any rejoinder after filing

the written statement. Afterwards when the case was posted

for evidence the unions remained absent continuously

without any representation on the several posting dates

and hence set ex-parte. Management filed affidavit to prove

the case put forward in the written statement that the

justifiable of the stoppage of the practice of earlier departure

of the workmen during duty hours is legal and justifiable.

As there is nothing on record to controvert the same it can

be held that the action of the management of the Cochin

Port Trust is legal and justifiable.

7. In the result an award is passed finding that the

action of the management in withdrawing the benefit of

earlier departure of the workmen during duty hours without

notice is justifiable and the workmen are not entitled to any

relief.

The award will come into force one month after its

publication in the Official Gazette.

Dictated to the Personal Assistant, transcribed and

typed by her, corrected and passed by me on this the 19th

day of July, 2013.

D. SREEVALLABHAN, Presiding Officer

Appendix

Nil

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 981.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj fot;k 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@Je

U;k;ky;] bjukdqye ds iapkV ¼lanHkZ lañ 19@2010½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 28-02-2014 dks izkIr gqvk FkkA

[lañ ,y&12012@15@2010&vkbZvkj ¼ch&II)]

jfo dqekj] vuqHkkx vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 981.— In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 19/2010)

of the Central Government Industrial Tribunal-cum-Labour

Court, Ernakulam as shown in the Annexure, in the

industrial dispute between the management of Vijaya Bank

and their workmen, received by the Central Government on

28.02.2014.

[No. L-12012/15/2010-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ERNAKULAM

Present :

Shri D. Sreevallabhan, B.Sc., LL.B,

Presiding Officer

(Tuesday the 23rd day of April, 2013/03rd Vaisakha, 1935)

ID 19/2010

Workman

:

Shri K. Radhakrishnan

Lakshmi Vilas

Vellakinar

Alappuzha (Kerala)

By Adv. Shri C. Anilkumar

Management :

The Chairman and Managing Director

Vijaya Bank

Head Office

41/2, MG Road

Trinity Circle

Bangalore-560001

By M/s. B.S. Krishnan Associates

This case coming up for final hearing on 08.04.2013

and this Tribunal-cum-Labour Court on 23.04.2013 passed

the following:

AWARD

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(14 of 1947), the Government

of India/Ministry of Labour by its Order No. L-12012/15/

2010-IR(B-II) dated 16.04.2010 referred this industrial

dispute for adjudication to this tribunal.

2. The dispute is:

"Whether the action of the management of Vijaya

Bank in imposing the punishment of removal from

the service of the bank with superannuation benefits

as would be due otherwise and without

disqualification from future employment on Shri K.

Radhakrishnan, Special Assistant is justified? What

relief the concerned workman is entitled?"

2572

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

3. Workman was employed as a Special Assistant in

the management bank. While he was working in the

Alappuzha branch of the bank he was placed under

suspension on 29.04.2005 for his alleged acts of misconduct.

After having a detailed investigation chargesheet dated

29.03.2006 was issued to him. In his reply to it he denied all

the seven charges levelled against him. Hence an enquiry

was conducted by appointing Shri N.S. Sukumar Shetty,

Chief Manager, Regional Office, Uduppi as enquiry officer.

Workman had participated in the enquiry by availing the

service of a defence representative. From the side of the

management, four witnesses were examined as MWs 1 to 4

and MEX 1 to MEX-87 were marked. DEX 1 to DEX-12

were got marked from the side of the workman without

adducing any oral evidence. After considering the evidence

the enquiry officer found that five charges levelled against

him were proved and the remaining two charges were not

proved. After getting the enquiry report the disciplinary

authority, after affording an opportunity of being heard to

the workman, imposed the penalty of "removal from service

of the bank with superannuation benefits as would be due

otherwise and without disqualification from future

employment". The appeal preferred by him challenging that

order was dismissed by the appellate authority. As per the

direction of the Hon'ble High Court in WP(C) No. 33202/

2008 filed by him the appeal was again heard by the appellate

authority and was disposed of vide order dated 30.03.2009

upholding the punishment imposed on him by the

disciplinary authority. Hence he raised the industrial

dispute and the same has resulted in this reference.

4. Workman after appearance before this tribunal filled

claim statement in the form of a memorandum of appeal

challenging the order of the appellate authority and with

the prayer to set aside the order of removal from service

passed against him and also for allowing him to realize the

salary from 31.05.2007 onwards from the Deputy General

Manager, the General Manager (Personal) and the Chairman

& Managing Director arrayed as the three respondents in

the claim statement. Challenge is made on the grounds that

the appellate authority entered into the findings on charge

No. 1 to 4 and 6 in the chargesheet without having a proper

appreciation of the evidence and bindly following the order

of the disciplinary authority without application of mind.

The workman was found guilty of those charges after

exonerating there higher officials who were chargesheeted

based on the same allegations. The findings were entered

into on all those charges without considering the fact that

the crime registered against him by the police was referred

as mistake of fact and also improperly placing reliance on

the evidence of Shri R. Gopakumar who was the then

Branch Manager chsrgesheeted along with him for the

alleged illegal acts. The punishment imposed by the

appellate authority is unjust and has no nexus with the

charges alleged against him.

5. Management filed written statement denying all

those grounds raised in the claim statement to challenge

the findings of the appellate authority and contending that

the enquiry was conducted fully in compliance with the

legal procedure and without violating the principles of

natural justice. Disciplinary authority proposed the

punishment after carefully considering the findings of the

enquiry officer and related pleadings and documents and

the punishement was imposed after affording an

opportunity of being hard to the workman. The appellate

authority upheld the punishment imposed on him by the

disciplinary authority after considering the pleadings,

evidence and the submissions of the workman. There is no

reason to interfere with the findings of the enquiry office

with regard to the charges 1 to 4 to 6 as those findings were

entered into after properly and metculously analyzing all

the relevant materials, documents and pleadings. The

punishment imposed on the workman is legal and proper

and it is in proportion to the charges proved in the enquiry.

Criminal proceedings have no bearing on the decision of

the appellate authority. The proceedings in the criminal

case and the domestic enquiry are on entirely different

charges. No reliance was placed either by the disciplinary

authority or the appellate authority on the evidence of

Shri Gopakumar. There was proper appreciation of evidence

by the enquiry officer, disciplinary authority and the

appellate authority in entering into the findings against

the workman. The punishment was imposed since the

charges against him relate to gross misconduct as per the

provisions of the Bipartite Settlement. The punishment

imposed on him is appropriate and it does not call for any

interference. Hence he is not entitled to any relief.

6. Workman did not file any rejoinder in spite of the

opportunity given to him for that purpose.

7. The validity of the enquiry was considered as a

preliminary issue. The copy of the enquiry file in two parts

was produced by the management and the same was marked

as Ext. M-1 and M-1(a) without any objection. As the

enquiry report in Ext.M-1 does not contain the last page

the original enquiry report was produced later and got

marked as Ext. M-2. The enquiry was found to be valid as

per order dated 21.11.2013. After that the case was posted

for final hearing and the arguments for both sides were

heard.

8. Learned counsel for the workman has submitted

that the charges levelled against the workman are not

specific and the findings of the enquiry officer on the

various charges are perverse. It was further submitted by

him that the penality imposed is not proportionate to the

charges found to be proved against him.

9. Learned counsel for the management on the other

hand has argued that all the findings were entered into by

the enquiry officer based on evidence after having careful

scrutiny and by assiging valid reasons and the same cannot

¹Hkkx II—[k.M 3(ii)º

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2573

be held to be perverse. It was further submitted by him that

the penalty imposed cannot be held to be shockingly

disproportionate as the bank incurred huge financial loss

due to the alleged misconduct of the workman.

10. The points for determination are:—

(i) Whether the findings entered into against the

workman in the enquiry calls for any interference

in this reference?

(ii) Whether the punishment imposed on the workman

is legal and justified?

11. Point No. 1:—The charges under seven heads

are levelled against the workman after furnishing the

particulars in detail in the chargesheet. Those seven charges

are as follows:—

1. Your acts of allowing cash withdrawals in the SB

Accounts of the borrowers, when the said accounts

were already showing debit balance due to non-

payment of previous Credit Card dues and your

failure to obtain the necessary authorization from

the Branch Manager thereby concealing the facts

from the knowledge of the higher authorities amount

to doing acts prejudicial to the interest of the Bank

involving serious financial loss, which constitutes

gross misconduct under Sub-clause (j) of Clause 5

of the Memorandum of Settlement on Disciplinary

Action Procedure for Workmen dated 10.04.2002.

2. Your acts of passing cheques in the SB Accounts

of the credit card holders resulting in overdrawings,

and failure obtain authorization from the Branch

Manager for such overdrawings, thereby concealing

the facts from the knowledge of higher authorities

amount to doing acts prejudicial to the interest of

the Bank involving serious financial loss which

constitutes gross misconduct under sub-clause (j)

of Clause 5 of the Memorandum of Settlement on

Disciplinary Action Procedure for Workmen dated

10.04.2002.

3. Your acts of allowing overdrawings in the Current

Account of M/s Prince Fuels and in the CC(M)

account of M/s. Athira Agencies to the extent

exceeding Branch Manager's delegated powers and

not entering the same in the Cheque Referred Register

and thereby suppressing the facts from the

knowledge of the higher authorities amount to doing

acts prejudicial to the interest of the Bank involving

serious financial loss which constitutes gross

misconduct under Sub-clause (j) of Clause 5 of the

Memorandum of Settlement on Disciplinary Action

Procedure for Workmen datd 10.04.2002.

4. Your acts of involving in the affairs of M/s Empire

Music World, run in the name of your son, which

has resorted to various malpractices by swiping the

Credit Cards sanctioned by the branch through the

merchant establishment facility extended by the Bank

to swindle Bank's money in an ingenious manner

amount to doing acts prejudicial to the interest of

the Bank involving serious financial loss, which

constitutes gross misconduct under Sub-clause (j)

of Clause 5 of the Memorandum of Settlement on

Disciplinary Action Procedure for Workmen dated

10.04.2002.

5. Your acts of exclusively handling certain branch

records/registers pertaining to transcations

connected with M/s Empire Music World in order to

facilitate smooth execution of clearing Credit Card

charges slips pertaining to the said firms and to

hoodwink the branch officials from noticing the

malpractices/suspicious activities of M/s. Empire

Music World and affording credits to the said firm

amount to doing acts prejudicial to the interest of

the Bank involving serious financial loss, which

constitutes gross misconduct under Sub-clause (j)

Clause 5 of the Memorandum of Settlement on

Disciplinary Action Procedure for Workmen dated

10.04.2002.

6. Your act of using funds/proceeds of the M/s.

Empire Music World for your personal purposes by

transferring amounts from Current A/c No.785 of

M/s. Empire Musice World to your SB A/c No. 5064

jointly held with your another son to pass the cheques

issued by you and to withdraw the money which

establishes your active involvement in the business

activities of the said merchant establishment and

authorizing such transactions personally, amount to

doing acts prejudicial to the interest of the Bank

involving serious financial loss and engaging in trade

or business outside the scope of your duties, which

constitutes gross misconduct under Sub-clause (j)

and (a) Clause 5 of the Memorandum of Settlement

on Disciplinary Action Procedure for Workmen dated

10.04.2002.

7. Your act of involvement in the affairs of M/s.

Empire Music World, who was showing fictitious

sales through credit card transactions without any

purchase being made by the card holders, amounts

to doing act prejudicial to the interest of the Bank

involving serious loss, which constitutes gross

misconduct under Sub-clause (j) of Clause 5 of the

Memorandum of Settlement on Disciplinary Action

Procedure for Workmen dated 10.04.2002.

12. The charges are levelled against based on the

full particulars given in chargesheet. On going through it,

it cannot be said that the charges are not specific or vague

as submitted by the learned counsel for the workman. It is

also to be noted that reply was submitted by him to the

chargesheet without any such complaint. Hence the

charges cannot be said to be not specific or is vague.

2574

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

13. The enquiry officer found that charge Nos. 1 to 4

and 6 are proved and the remaining charges are not proved.

Hence it is to be considered whether there is any reason to

hold that the findings on charge Nos. 1 to 4 and 6 of the

enquiry officer are perverse or it calls for any interference

for the purpose of considering the proportionality of the

punishment imposed on him.

14. Before considering the evidence it is to be

pointed out that in disciplinary proceedings the standard

of proof required is that of preponderance of probability

and not proof beyond reasonable doubt like in a criminal

case. If there are some relevant materials accepted by the

disciplinary authority which reasonably support the

conclussion that the officer is guilty it is not the function

of the tribunal to review the materials and if the enquiry

has been properly held, the question of adequacy of

reliability of evidence cannot be canvassed before the

tribunal.

15. In the decision reported in BC Chathurvedi Vs.

Union of India, (1995) 6SCC749 it was held:

"Neither the technical rules of Evidence Act nor of

proof of fact or evidence as defined therein apply to

disciplinary proceeding. When the authority accepts

the evidence and conclusion receives support there

from, the diciplinary authority is entitled to hold that

the delinquent officer is guilty of the charge. The

Court/Tribunal in its power of judicial review does

not act as Appellate Authority to reappreciate the

evidence and to arrive at its own independent

findings on the evidence. The Court/Tribunal may

interfere, where the authority hold the proceedings

against the delinquent officer in a manner

inconsistent with the rules or natural justice or in

violation of statutory rules prescribing the mode of

enquiry or whether the conclusion or finding reached

by the disciplinary authority is based on no evidence,

if the conclusion or findings be such as no reasonable

person would have been reached, the court/tribunal

may interfere with the conclusion or finding and

mould the relief so as to make it appropriate to the

facts of the case".

16. The jurisdiction of the tribunal to interfere with

disciplinary matters for punishment cannot be equated with

an appellate jurisdiction and the tribunal cannot interfere

with the findings of the enquiry officer or competent

authority where they are not arbitrary or utterly perverse.

If there has been an enquiry consistent with the rules and

in accordance with the principles of natural justice what

punishement would meet the ends of justice is a matter

exclusively within the jurisdiction of the competent

authority and if the penalty can be lawfully imposed and is

imposed on the proved misconduct the tribunal has no

power to substitute its own discretion for that the authority.

17. In the decision reported in The General Secretary,

South Indian Cashew Factories Workers' Union Vs. The

Managing Director, Kerala State Cashew Development

Corporation Ltd. & Ors. AIR-2006 SC 2208 it was held by

the Apex Court that when enquiry was conducted fairly

and properly in the absence any of the allegations of

victimization or malafides or unfair labour practice Labour

Court has no power to interfere with the punishment

imposed by the management.

18. It is also to be pointed out that in Chaturvedi's

case (Supra) it was held:

"A review of the above legal position would establish

that the disciplinary authority and in appeal the

Appellate Authority being fact finding authorities

have exclusive power to consider the evidence with

a view to maintain discipline. They are invested with

the discretion to impose appropriate punishment

keeping in view the magnitude or gravity of

misconduct. The High Court/Tribunal while

exercising power of judicial review cannot normally

substitute its own conclusion or penalty and impose

some other penalty. If the punishement imposed by

the disciplinary authority or Appellate Authority

shocks the conscience of the High Court/Tribunal it

would appropriately mould the relief, either directly,

the disciplinary/Appllate Authority to reconsider the

penalty imposed, or to shorten the litigation, it may

by itself, in exceptional and rare cases, impose

appropriate punishment with congent reason in

support threof."

19. Keeping in mind the above principles enunciated

in those decisions it is to be considered whether there is

any reason to interfere with the penalty imposed on the

workman as it is already found that the enquiry was

conducted in a fair and proper manner without violating

the principles of natural justice. There is no scope for any

interference with the findings of the disciplinary authority

unless it is perverse or is based on no evidence. From all

the seven charges levelled against the workman charge

Nos. 1 to 4 and 6 are found to be proved by the enquiry

officer based on documentary evidence.

20. Workman was a Special Assistant and was in

charge of SB Current Account Section. At that time there

was withdrawal of amounts when there debit balance in

the accounts. It was because of his failure to hot list the

credit cards even though those were due for hot-listing.

The enquiry officer after considering MEX-63 to MEX-69

entered into the finding that charge No.1 is proved. By

relying on MEX-61 and MEX-62 he found that charge No.2

is proved. By placing reliance on MEX-73 to 78 and MEX-

80 to 85 the finding was entered into on charge No.3 as

proved. Based on MEX-10, 11 and 14 charge No.4 is found

to have been proved. Charge No.6 is found to be proved

after considering MEX-50 to 53 and MEX-55 and 56.

¹Hkkx II—[k.M 3(ii)º

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2575

Workman cannot be heard to say that he is to be exonerated

for the reason that his higher officials who were

chargesheeted were found not guilty. There is ample

evidence in this case to prove that the workman has

committed acts of gross misconduct inviting major penalty.

21. On a careful scrutiny of the evidence I do not find

any reason to interfere with those findings of the enquiry

officer which was accepted by the disciplinary authority

and upheld by the appellate authority. The enquiry officer

has analyzed the evidence produced in the enquiry in a

rational and logical manner and entered into the findings

based on relevant and acceptable evidence. Cogent reasons

have been assigned by the enquiry officer in support of

the findings. It is not necessary to have a detailed

discussion of the evidence in the departmental enquiry by

this tribunal as there is no reason to hold that the findings

are perverse. The findings of the enquiry officer are based

on the evidence produced during the departmental enquiry.

Conclusion reached by the enquiry officer cannot be said

to be in such a nature as no reasonable person would have

ever reached. Hence it cannot be said that the findings of

the enquiry officer are perverse. After going through the

evidence I do not find any reason to interfere with the

findings of the enquiry officer on the charge proved against

the workman.

22. Point No.2:- Now it is to be considered whether

the penalty imposed on the workman calls for any

interference by this tribunal. So far as the proportionability

of the punishment is concerned it is to be pointed out that

the penalty imposed by the disciplinary authority was

upheld by the appellate authority after assigning valid

reasons. It is a case of gross misconduct proved against

the workman in a properly conducted departmental enquiry

against him.

23. A bank officer is required to exercise higher

standards of honesty and integrity. He deals with money

of the depositors and the customers. Every officer/

employee of the bank has to take all possible steps to

protect the interests of the bank and to discharge his duties

utmost integrity, honesty, devotion and diligence and to

do nothing which is unbecoming of a bank officer. Good

conduct and discipline are inseparable from the functioning

of every officer/employee of the bank. It is not a defence

for him to say that there was no loss or profit resulted in

case, when the officer/employee acted without authority.

The very discipline of a bank is depended upon each of its

officers acting and operating within their allotted sphere.

Acting beyond ones authority is by itself a breach of

discipline and is a misconduct.

24. The punishment imposed against the workman

cannot be said to be shockingly disproportionate to the

proved misconduct against him. At the time of argument

learned counsel for management has submitted that the

workman was convicted in the criminal case against him

based on the said allegations and the same is not disputed

by the learned counsel for the workman. The workman was

holding a position of trust where honesty and integrity are

inbuilt requirements of functioning and hence the matter is

to be dealt with firmly and not leniently. He was to act with

highest degree of integrity and trustworthiness in the

discharge of his official duties. Taking into consideration

of the facts and circumstances of the case and applying

the principles enunciated in the decisions cited above to

this case in hand there is no scope to interfere with the

punishment imposed against the workman.

25. In the result an award is passed finding that the

action of the management bank in imposing the punishment

of removal from service of the bank with superannuation

benefits as will be otherwise due and without

disqualification for future imployment is justified. Hence

he is not entitled to any relief.

The award will come into force one month after its

publication in the Official Gazette.

Dictated to the Personal Assistance, transcribed and

typed by her, corrected and passed by me on this the 23rd

day of April, 2013.

D. SREEVALLABHAN, Presiding Officer

APPENDIX

Witness for the workman

-

NIL

Witness for the management

MW1 04.11.2011

Shri N S Sukumar Shetty

Exhibits for the workman

-

NIL

Exhibits for the management

M1 - Copy of the enquiry file

M1(a)-Bound volume of copy of documents in the enquiry

file

M2 - Original Enquiry Report

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New Delhi, the 28th February, 2014

S.O. 982.—In pursuance of Section 17 of the

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

Government hereby publishes the Award Ref.90/2002 of

the Cent.Govt. Indus.Tribunal-cum-Labour Court, Lucknow

as shown in the Annexure, in the industrial dispute between

2576

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

the management of Punjab National Bank and their

workmen, received by the Central Government on 28/02/2014.

[No. L-12012/6/2002-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, LUCKNOW

Present :

Dr. Manju Nigam, Presiding Officer

I.D. No. 90/2002

Ref.No L-12012/6/2002-IR (B-II) dated: 29.04.2002

BETWEEN

Sh. Devendra Pratap Singh S/o Sh. Uma Pratap Singh

R/o 10-A, Balipur (Pandit)

Pratapgarh (UP) 230 001

AND

The Regional Manager

Punjab National Bank

Regional Office, The Mall, Varanasi Cantt

Varanasi (U.P.) 221 001

AWARD

1. By order No. L-12012/6/2002-IR (B-II) dated:

29.04.2002 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 Sh. Devendra Pratap Singh S/o

Sh. Uma Pratap Singh, R/o 10-A, Balipur (Pandit),

Pratapgarh (UP) and the Regional Manager, Punjab National

Bank, Regional Office, The Mall, Varanasi Cantt, Varanasi

(U.P.) for adjudication.

2. The reference under adjudication is:

''WHETHER

THE

ACTION

OF

THE

MANAGEMENT OF PUNJAB NATIONAL BANK

IN IMPOSING THE PUNISHMENT OF

COMPULSORY RETIREMENT OF SHRI

DEVENDRA PRATAP SINGH W.E.F. 28.02.2001 IS

LEGAL AND JUSTIFIED? IF NOT, WHAT RELIEF

HE IS ENTITLED FOR?''

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

Devendera Pratap Singh, was working as clerk/cashier in

the Naini branch of the bank when he was served upon a

charge sheet dated 06.08.94 for alleged gross misconduct

by the Regional Manager, Varanasi, the Disciplinary

Authority for alleged gross misconduct of making forged

signatures of authorized signatories on the fraudulent TPO

and thereby causing a loss of Rs. 75,000/- to the Bank. The

workman submitted his explanation to the charge sheet

dated 06.08.94 and denied the charges and the management

of the bank being unsatisfied with the reply of the workman

instituted an domestic enquiry into the charges leveled

against the workman and the enquiry officer after

conducting such enquiry submitted his report before

Disciplinary Authority on 10.03.99 who, after issuing show

cause notice to the workman, imposed the punishment of

compulsory retirement from service vide order dated

28.02.2001. Aggrieved from penalty order the workman

preferred an appeal before Appellate Authority, which too

was rejected.

4. It is a case of the workman is that the management

conducted the enquiry proceedings in violation to the

principles of natural justice. He has further alleged that the

management did not provide him the documents which

formed basis of its charges; also it did not provide any

copy of the complaint, preliminary inquiry report, report of

Hand Writing Expert, FIR and order documents. It has further

been alleged that the management could not prove the

charges leveled against the workman, through cogent

evidence as it was not able to produce the key withnesses;

hence the inquiry report of the Inquiry Officer was based

on assumptions. Accordingly the workman prayed to set

aside the impugned order dated 28.02.2001 with

consequential benefits.

5. The management of the bank has denied the

allegation of the workman with submission that the workman

was afforded all reasonable opportunity to defend himself

and was supplied all relevant papers etc. and the inquiry

was conducted fully in accordance with the principles of

natural justice. It is also submitted by the Bank that Inquiry

Officer after taking into consideration the entire material

on the record submitted his report dated 10.03.99 to the

Disciplinary Authority, holding charges as proved; and

the Disciplinary Authority after giving show cause to the

workman and considering his reply to the show cause

notice rightly imposed the punishment vide order dated

28.02.2001 and there is no illegality with it. Accordingly,

the management of the Bank has prayed that the claim of

the workman be rejected without any relief being extended

to the workman.

6.The workman has filed rejoinder whereby it has

only reiterated its averments in the statement of claim and

has introduced nothing new.

7. The management of the Bank submitted photo

copy of the entire enquiry proceedings in support of their

respective case. Following preliminary issue were framed

on 08.10.2002 by the Tribunal:

(i) Whether the departmental enquiry conducted by

the management is in violation of the principle of

natural justice? If so, its effect.

8. The workman examined himself whereas the

management examined Shri Vijay Kumar, Inquiry Officer, in

¹Hkkx II—[k.M 3(ii)º

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2577

support of their stand on preliminary issue. After hearing

arguments of the parties, preliminary issued were decided

in favour of the workman vide order dated 14.12.2009, which

reads as under:

''The departmental enquiry against the workman is

vitiated as the same is in violation of principle of

natural justice and perverse. Therefore, opportunity

is given to the opposite party to prove the alleged

charges against the workman before the Tribunal.''

9. Accordingly, the case was listed on 10.02.2010 with

direction to the management to file documentary evidence

and list of witnesses. The management file the affidavit of

one of its witness viz. Shri M.R. Singh on 28.06.2011 and

cross-examined him on the next date and also, sought time

to produce one more witness accordingly, 28.09.2011 was

fixed for management's evidence. On 28.09.2011 the

management remained absent, which led to closure of their

opportunity of evidence. The workman filed its evidence

on 12.10.2011 but the management again failed to cross-

examine the workman and accordingly, the opportunity of

the management to cross-examine the workman was closed

vide order dated 11.01.2012 and next date was fixed for

argument on 14.02.2012. The order dated 11.01.2012 was

recalled at the written request of the authorized

representative of the management and the workman was

cross-examined by the authorized representative of the

management, and next date i.e. 19.11.2012 was fixed for

arguments.

10. The argument of the parties could not be

forwarded on serveral dated at one pretext or the other and

on 13.02.2013, the authorized representative of the

management moved an application, M-85 to recall the order

dated 28-09-2011 and to avail the management an

opportunity to produced one more witness viz. Nanhu Ram

to prove the charges leveled against the workman. It had

been submitted the management that the proposed witness.

Nanhu Ram was the custodian of the T.P.O. who issued

T.P.O. Book every day to the related employees and before

closure of the Bank, the same was kept by him in his custody,

therefore, his evidence is very uch necessary to bring the

truth before this Tribunal. The recall application was

opposed by the workman even then application of the

management was allowed in the interest of justice and the

workman was given an opportunity to produce its witness,

Nanhu Ram on 13.03.2013.

On the date fixed, 13.03.2013, the management moved

an application, M-86, stating therein that the MW, Nanhu

Ram has retired from Bank services in December, 1993 and

has expired on 20.07.2002; and accordingly, requested to

fix the next date for arguments. Accordingly, the next date

i.e. 25.04.2013 was fixed for arguments.

11. Heard learned representatives of the parties and

perused entire material on record.

12. The learned representative on behalf of the

workman has contended that this Tribunal found the

department inquiry conducted by the management of the

Bank to be unfair one and accordingly vitiated the same

vide order dated 14.12.2009 with opportunity to the

management to prove the allegations/ charges leveled upon

the workman before this Tribunal, but the management of

the Bank utterly failed to do so as the Bank could not

produce the key witnesses in support of its charge sheet

and has examined only witness viz. Shri M.R. Singh. The

workman has submitted that the workman has been charged

with the allegation of making forged signatures of the

authorized signatories on a T.P.O. and thereby causing

loss to the Bank. He has further submitted that the workman

never worked on the T.P.O. issue seat and were kept in the

custody of Nanhu Ram; and also, the workman was not on

duty on the date when the T.P.O. leaf was found missing.

The workman has also stressed that Nanhu Ram neither

appeared in the domestic inquiry nor before this Tribunal

to make a statement that he has not made signatures on

T.P.O. under question. The authorized representative of

the workman has contended that the workman was neither

concerned with the T.P.O. work at all nor did he issue T.P.O.

in the Robertsganj branch. Moreover, it is submitted that

Shri Yashwant Pal Singh, clerk was entrusted with

preparation of T.P.O. and Shri M.R. singh and Nanhu Ram

were required to put their signatures on it; and also, the

preliminary report submitted by Shri J.P. Banarwal and Shri

Amarjeet Singh does not find his name nor he has been

held responsible for the misdeed. It is also contended that

the Hand Writing Expert submitted his report without

examining the signatures from the specimen signature of

authorized signature, hence the report of the Hand Writing

Expert could not be relief upon.

13. Per contra, the learned representative on behalf

of the Bank has urged that a leaf of T.P.O. was lost in the

month of April, 1987 from the custody of the custodian,

Shri Nanhu Ram, Assistance Manager. It has been

contended by the management that the workman procured

the said T.P.O. form and by manipulating forged signatures

of authorized signatories, cause a loss of Rs. 75,000/- to

the Bank. The management has contended that the

management witness, Shri M.R. Singh the then Branch

Manager has well deposed the matter and has well proved

that the workman misused the T.P.O. by putting forged

signatures of the authorized signatories, which was

established in the report of the Hand Writing Expert; who

reported that the alleged forged signatures were in the

hand writing of the workman. Thus, there was no infirmity

with the impugned order of the Disciplinary Authority dated

28.02.2001. The management has relied on Managing

Director, United commercial Bank vs. Pc. Kakkar AIR 2003

SC 1571 and Damoh Panna Sagar Rural Regional Bank vs

Munna Lal Jain AIR 2005 SC 584.

2578

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

14. I have given my thoughtful consideration to the

rival submission of the parties and scanned entire evidence

on reocrd in light thereof.

15. From pleadings of the parties it comes out that

the workman, Devendera Pratap Singh was charged with

making forged signatures of the authorized signatories,

which resulted into a loss of Rs. 75,000/- to the Bank The

management of the Bank conducted a preliminary inquiry

into the matter under Shri J.P. Baranwal and Shri J.D. Singh,

who submitted their report dated 22.12.1987 to the

management. Thereafter, the management served upon the

workman the charge sheet dated 06.08.94 and on receipt of

reply of the workman to the charges, the management

decided to initiate a domestic inquiry into the charges

leveled upon the workman. During the inquiry the

management relied upon the evidence of Shri M.R. Singh,

Branch Manager and Shri S.I.H. Taj, the Hand Writing

Expert, who submitted his report in respect of the alleged

forged signatures. The Inquiry Officer has given his inquiry

report as the charges to be found proved, replying upon

the evidence of Mr. M.R. Singh, Branch Manager and Shri

S.I.H. Taj, Hand Writing Expert. Shri S.I.H. Taj, Hand Writing

Expert, who was not produced before this Tribunal, by the

management, in order to prove the charges, before this

Tribunjal, has admitted/stated during his cross-examination

before the domestic inquiry that "he has not seen the

original signature which is available on page No. 10487 of

the specimen signature book". It is also evident from the

material available on record that the management's hand

writing expert had to examine as the whether the signatures

available in the TPO under question is of Sh. M.R. Singh

and Sh. Nanhu Ram or the signatures of Shri M.R. Singh

and Nanhu Ram were made by some other employee of the

Bank. In this regard the specimen signature of Shri M.R.

Singh, Sh. Nanhu Ram and five over employees viz.

Ravindra Kumar Singh, indra Kumar Singh, Devendra

pratap Singh, Krishan Mohan Lal and Ashok, were provided

to the Hand Writing Expert. But the Expert was not provided

with the specimen signatures of the authorized signatories

from the Specimen Signature Book, available in the bank.

hence, the report of the Hand Writing Expert which was

not based on the signatures of Shri M.R. Singh, Sh. Nanhu

Ram, available in Specimen Signatures Book, could not be

replied upon, inasmuch as the management has not

produced him before this Tribunal for cross-examination.

16.The other two key witnesses from the

management's point of view could be Shri M.R. Singh, Sh.

Nanhu Ram; but the management did not bother to

produced both of them in evidence. The management has

preferred Shri M.R. Singh, the then Branch Manager in

support of the charges. It is pertinent to mention here that

Shri Nanhu Ram was the custodian of the TPO in question

and was also one of the authorized signatories of the TPO.

Had Shri Nanhu Ram was produced in evidence then he

could have well deposed that as when the TPO was found

missing and also that he could have denied his signatures

on the TPO; but this could not be done due his non-

appearance before the inquiry i.e. domestic as well as before

this Tribunal. However, the management was directed with

order dated 14.12.2009 to file list of witnesses but it preferred

to produced only Mr. M.R. Singh in support of their charges

and when it decided to adduce Shri Nanhu Ram was very

late, Shri Nanhu Ram had been reported to be died on

20.07.2002.

The management witness who appeared before this

Tribunal, Shri M.R. Singh, the then Branch Manager, stated

in his cross-exmination that the workman, D.P. Singh was

not on duty on the day, when the TPO leaf was lost. He

further stated that TPO were in custody of Shri Nanhu

Ram. Asstt. Manageer who used to give the same to the

clerk, issuing TPO in the morning and the concerned clerk

after whole day of working used to return the same to the

custodian and entrty in this regard were made on prescribed

register. He also stated that on return the TPO were used to

get verified and discrepancy, if any, could be traced out the

same day. He could not recall the detail of duty assigned to

the workman. It was further stated that the custodian of

TPO, Nanhu Ram informed his about the loss of TPO on

25.04.87 and also admitted that the payment was made

against lost TPO in Bulanala Branch on 11.04.87. It was

also stated that he has no knowledge as to whether the

TPO book was ever given to the workman, D.P. Singh to

issue the TPO; he further stated that in this regard the TPO

in charge can make statement. However, the management

could not produce the TPO in charge, Shri Nanhu Ram,

Asstt. Manager neither before inquiry nor this Tribunal

due to his death on 20.07.2002.

In rebuttal, the workman has stated, in cross-

examination that in the Robertsganj branch of the bank he

was allotted work regarding tallying balance, maintaining

current account and look after saving counter. He also

stated that in the Branch Shri Yashwant Pal, Clerk had power

to issue TPO. He also stated that the Hand Writing Expert,

arranged by the bank, was not provided with the Signature

Authorized book, which was kept by the Assistance

Manager. Moreover he made available the Signature

Authorized Book to the Hand Writing Expert, arranged by

him, who reported the signatures on the disputed TPO

were of Nanhu Ram and M.R. Singh.

17. From the evidence available on record, it is very

much apparent that the custodian of the TPO i.e. Shri Nanhu

Ram, Assistance Manager reported the Manager of the

branch, Shri M.R. Singh about the loss/missing of the TPO

in quesiton on 25.04.87; whereas as per statement of the

MW, Shri M.R. Singh the said TPO was used on 11.04.87.

Also the MW has stated that as per procedure, the TPO

book was given to the TPO issuing clerk in the morning

and was returned back in the evening after making entries

on a prescribed register and any discrepancy in the TPO

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2579

book could be found out on verification of the TPO number

or leaves, then how the missuse of the TPO could not be

reported before 11.04.87 is an unanswere question, which

could have well answered by the custodian of the TPO

book, Shri Nanhu Ram, Asstt. Manager; but; but the

management did not prefer to produce the custodian of

TPO book before the domestic inquiry for the reasons best

known to the management. However, the management

tended to produced Shri Nanhu Ram before this Tribunal

at a very belated stage in the year 2013; but could not do

so due his death on 20.07.2002.

In this regard it is noteworthy that the that this

Tribunal after vitiating the domestic inquiry, conducted by

the management into the charges leveled upon the

workman, vide order dated 14.12.2009, directed the

management to file list of witnesses on 10.02.2010; but the

management did not bother to file the list of witnesses

rather it took alost one and half year to present its first

witness that too was after passing ex-parte order, closing

opportunity to lead evidence. The mangement sought time

to produce its second witness, Shri Nanhu Ram at a very

late stage; but did not produce him, which again led to ex-

parte against the opposite party. The management again

got the order of ex-parte recalled and sought time to produce

Shri Nanhu Ram; who was the custodian of the TPO; but

for more than four years the management could not produce

its employees i.e. Shri Nanhu Ram who was the best witness

to unveil the controversy as to how and when the TPO

under question were found missing/lost and whether the

alleged forged signatures on the lost TPO were of his or

not. It is very late stage, application to the effect has been

moved that Shri Nanhu Ram has died on 20.07.2002. Thus

the management lingered the matter for four years but could

produce the key witness to prove the charges leveled upon

the workman.

Further the management charged the workman to

having forged the signatures of the authorized signatories

on the TPO and for this it arranged a Hand Writing Expert

and relying on the report of the said Hand Writing Expert,

which was against the workman, penalized the workman;

but it is pointed out that the specimen signatures of the

authorized signatories were not provided to the Expert from

the Signature Authorized Book, available in the each branch

of the bank. The management could not forward any

genuine explanation to this flaw as to why they did not

provide the Hand Writing Expert, the Signature Authorized

Book, which was meant only for ascertaining the

genuineness of the signatures. On the contrary the Hand

Writing Expert, arranged by the workman, was provided

with the specimen signatures of the authorized signatories

from the Signature Authorized Book, who reported that the

alleged signature were of Shri nanhu Ram and Shri M.R.

Singh.

When the domestic inquiry, conducted by the

management was vitiated, it was incumbent upon the

management to come forward with the fresh evidence in

support of its charges. It was required from the management

to come with the Hand Writing Expert to examine the

disputed signatures of the authorized signatories on the

forged TPO with those in the Signature Authorized Book;

but it utterly failed to get the signatures of the authorized

signatories examined before this tribunal. secondly, it could

not bring the custodian of the TPO before this Tribunal to

state that circumstances under which the TPO under

question was lost form his custody. Had he been produced

before domestic inquiry then in the even to his death his

evidence before the domestic inquiry could have taken

into account. Hence, the management of the Bank failed to

discharge the burden that lied upon it to prove the charges

before this Court. On the contrary the workman has well

proved that hge was neither custodian of the TPO book

nor he was given duty of preparation of the TPO nor he

was on duty on the day when the TPO leaf was reported to

be lost. This goes to show that the workman had no chance

to prepare a forged TPO at any point of time.

18. Thus, in view of the facts and circumstances of

the case and discussions made hereinabove. I am of the

considered opinion that the management of the Punjab

National bank failed to prove the charges before this

Tribunal regarding alleged involvement of the workman of

making foreged signatures of the authorized signatories

on the TPO under question and thereby causing loss to

the Bank. Hence, I come to the conclusion that the action

of the management of punjab national bank in imposing

the punishment of compulsory retirement of Shri Devendera

pratap Singh w.e.f. 28.02.2001 is neither legal nor justified;

and accordingly, the workman, Devendera Pratap Singh is

entitled for reinstatement with consequential benefits

including continuity in service and full back wages within

six weeks from the date of publication of this award in the

gazette. The reference is answered accordingly.

19. Award as above.

Lucknow

20th January, 2014

DR. MANJU NIGAM, Presiding Officer

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 983.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj iatkc us'kuy

cSad ds izca/kra= ds laca) fu;ktdkas 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; p.Mhx<+ ds iapkV ¼lanHkZ lañ 243@2012½ dks

izdkf'kr djrh gS tks dsUnzh; ljdkj dks 28-02-2014 dks izkIr gqvk

FkkA

[lañ ,y&12011@84@2011&vkbZ vkj¼ch&II½]

jfo dqekj] vuqHkkx vfèdkjh

2580

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

New Delhi, the 28th February, 2014

S.O. 983.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 243/2012)

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

No II, Chandigarh as shown in the Annexure in the

Industrial dispute between the management of Punjab

National Bank and their workmen, received by the Central

Government on 28/02/2014.

[No. L-12011/84/2011-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: SRI KEWAL KRISHAN, Presiding Officer.

Case No. I.D. 243/2012

Registered on 27.7.2012

The District Secretary, PNB Staff Union (Regd), Central

Office, PNB Branch Office, Chaura Bazar, Ludhiana.

...Petitioner

Versus

1. The Chairman-cum-Managing Director Punjab

National Bank, Head Office, Bhikaji Cama Place,

New Delhi.

2. The Circle Head, Punjab National Bank, Circle

Office, Chandigarh Circle, Bank Square, Sector

17B, Chandigarh.

...Respondents

APPEARANCES:

For the Workman

:

Ex parte.

For the Management

:

Ex parte.

AWARD

Passed on 19.12.2013

Central Government vide Notification No. L-12011/

84/2011-IR(B-II) dated 23.5.2012, by exercising its powers

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

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

referred to as 'Act') has referred the following Industrial

dispute for adjudication to this Tribunal:—

"Whether the action of the management of the

Chairman-cum-Managing Director Punjab National

Bank (PNB), Head Office, Bhikaji Cama Place, New

Delhi & Circle Head, PNB, Circle Office, Chandigarh

Circle, Bank Square, Sector 17B, Chandigarh in

inflicting punishment of 'CENSURE' and not paying

the full salary of suspension period to Sh. Ram

Kishore Sharma, Steno/Typist is just, valid and legal?

What relief the workman is entitled to?"

Notice was given to the representative of the

workman through registered cover who did not appear and

was proceeded against ex parte vide separate order of today.

Similarly, none appeared on behalf of management and it

was also proceeded against ex parte. Since the workman or

his authorized representative did not appear did not submit

any statement of claim, the reference is answered against

the workman. Let hard and soft copy of the award be sent

to the Central Government for further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 984.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj iatkc ,.M flaè

cSad ds izca/kra= ds lac) fu;ktdkas vkSj muds deZdkjksa ds chp

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

vfèdj.k@Je U;k;ky;] p.Mhx<+ ds iapkV ¼lanHkZ lañ 1201@2005½

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 28-02-2014 dks izkIr

gqvk FkkA

[lañ ,y&12012@69@2005&vkbZ vkj¼ch&II½]

jfo dqekj] vuqHkkx vfèdkjh

New Delhi, the 28th February, 2014

S.O. 984.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 1201/2005)

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

No II, Chandigarh as shown in the Annexure in the

Industrial dispute between the management of Punjab and

Sind Bank and their workmen, received by the Central

Government on 28.02.2014.

[No. L-12012/69/2005-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri KEWAL KRISHAN, Presiding Officer.

Case No. I.D. 1201/2005

Registered on 3.10.2005

Sh. Balwinder Singh, S/o Sh. Kashmir Singh, R/o Village

Dholpur, Post-Talwandi Lal Singh, Batala, Punjab.

...Petitioner

Versus

The Deputy General Manager (P), Punjab and Sind Bank,

Head Office, Personnel Department, 21, Rajinder Place, New

Delhi.

...Respondent

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2581

APPEARANCES:

For the Workman

:

Sh. R.P. Rana, Adv.

For the Management

:

Sh. Sapan Dhir, Adv.

AWARD

Passed on 3.2.2014

Central Government vide Notification No. L-12012/

69/2005-IR(B-II) dated 30.8.2005, by exercising its powers

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

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

referred to as 'Act') has referred the following Industrial

dispute for adjudication to this Tribunal:—

"Whether the action of the management of Punjab

and Sind Bank in terminating the services of

Sh. Balwinder Singh, Ex-Peon w.e.f. 1.2.2002 without

complying with the provisions of Secton 25F, G and

H of the ID Act, 1947 is legal and justified? If not, to

what releif the concerned workman is entitled to and

from which date?"

In response to the notice the workman appeared and

submitted statement of claim pleading that he was engaged

as Temporary Peon paying initial pay scale+DA+HRA w.e.f.

19.8.1989 by the respondent bank and he worked in three

branches from 19.8.1989 to 31.1.2002. His services were

terminated by the Branch Manager on 1.2.2002 without

serving him any notice or paying him compensation and in

violation of Section 25F of the Act. That the management

also violated Section 25G and 25H of the Act and being so,

his termination is illegal and he is entitled to be reinstated

with continuity of service and back wages.

Respondent management admitted that the workman

was engaged as temporary peon purely on temporary basis

to meet the contingencies and he did not complete 240

days of service in a one calendar year. That respondent

management is a statutory body having its rules and

regulations and the appointment of the workman was not

made as per the said rules and therefore his appointment is

illegal. That the workman is making effort to enter into

bank through backdoor which cannot be allowed. That it is

the Zonal Manager who can appoint a person and the

Branch Manager has no authority to appoint a Peon. Since

no appointment letter was issued and the workman was

not properly appointed, there is no violation of any

provision of law.

In support of its case the workman appeared in the

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand the management has examined

Sh. Ramesh Kumar who supported the case of the

respondent management as set out in the written statement.

I have heard Sh. R.P. Rana, counsel for the workman

and Sh. Sapan Dhir, counsel for the management.

It is the admitted case that the workman was

employed as a temporary Peon on 19.8.1989 and he worked

up to 31.1.2002. Though, it is pleaded by the management

that breaks were given in the service but no cogent evidence

has been produced to prove this fact. Rather Ramesh Kumar

who was examined by the management admitted that he

did not calculate the number of working days during the

period from 1.2.2001 to 31.1.2002. Thus, there is absolutely

no evidence that there was any break in the service of the

workman.

It is again admitted case that no compensation was

paid to the workman when his services were terminated.

The workman was entitled to the protection of Section 25F

of the Act, even though his appointment was not legal and

valid. Since the management did not comply with the

provisions of Section 25F which read as follow:-

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.

(b) the workman has been paid, at the time of

retrenchment, compensation which shall be

equivalent to 15 days' average pay (for every

completed year of continuous serivce) 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.)

the termination of the services of the workman are to be

held to be not legal and he is entitled to reinstatement.

In similar cases and against the present respondent

management, a writ petition No. 1854 of 2007 titled Baljit

Singh Vs. The Presiding Officer and Others, the Hon'ble

High Court ordered the reinstatment of the workman with

countinuity of service but without back wages. The learned

counsel for the workman also conceded that workman be

not given back wages.

In result it is held that the action of the management

in terminating the service of workman w.e.f. 1.2.2002 is not

legal and he is entitled to be reinstatement with continuity

of service but without back wages. Respondent

management is directed to take him back in service within

one month of the publication of the award. The reference is

answered in favour of the workman. Let hard and softcopy

of the award be sent to the Central Government for further

necessary action.

KEWAL KRISHAN, Presiding Officer

2582

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

ubZ fnYyh] 28 Qjojh] 2014

dkñvkñ 985.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj bafM;u 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@Je

U;k;ky;] p.Mhx<+ ds iapkV ¼lanHkZ lañ 171@2005½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 28-02-2014 dks izkIr gqvk FkkA

[lañ ,y&12012@194@2001& vkbZ vkj ¼ch&II)]

jfo dqekj] vuqHkkx vf/kdkjh

New Delhi, the 28th February, 2014

S.O. 985.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref.171/2005) of

the Cent. Govt. Indus. Tribunal-cum-Labour Court No. II,

Chandigarh as shown in the Annexure, in the industrial

dispute between the management of Indian Bank and their

workmen, received by the Central Government on

28/02/2014.

[No. L-12012/94/2001-IR(B-II)]

RAVI KUMAR, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH

Present: Sri KEWAL KRISHAN, Presiding Officer

Case No. I.D. No. 171/2005

Registered on 1.8.2005

Sh. Romesh Kumar, S/o Sh. Babu Singh, C/o Sh. Janakraj

Sharma Advocate, 614 Court Road, Opp. Bank of Baroda

Ambala (Haryana).

...Petitioner

Versus

The Regional Manager, Indian Bank, Vijay Ratan Chowk,

Ambala Cantt.

....Respondent

APPEARANCES:

For the Workman

:

Sh. Satyavir A.R.

For the Management

:

Sh. Naresh K. Nanda Adv.

AWARD

Passed on 6.2.2014

Central Government vide Notification No. L-12012/

94/2001-IR(B-II)) Dated 16/23.8.2001, by exercising its

powers under Section 10 Sub Section (1) Clause (d) and

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

(hereinafter referred to as 'Act') has referred the following

Industrial dispute for adjudication to this Tribunal:-

''Whether the action of the management of Indian

Bank represented through the manager, Indian Bank,

Rai Market Ambala Cantt. (earlier Vijay Rattan Chowk)

and Regional Manager, Indian Bank, Chandigarh in

terminating the services of Sh. Romesh Kumar S/o

Sh. Babu Singh, Water-Boy-cum-Peon w.e.f. 8.3.1997,

is just and legal? If not, what relief the workman is

entitled to?''

In response to the notice, the workman appeared

and submitted statement of claim pleading that he joined

the respondent-bank on 1.1.1991 as Peon/Waterman and

he was issued an Identity Card. He also got issued a

concessional bus-pass which was signed by the Manager.

Payment was made to him through vochers. His services

were terminated on 9.3.1997 without any reason. He has

not been paid any compensation though he completed

more than 240 days of service. He was given the assurance

that his services would be regularized and till that time

payment would be made to him by collection from the staff,

but that too has been stopped w.e.f. 2.8.1999. Since his

termination is illegal, he is entitled to be reinstated in service

with full back wages and continuity of service.

Repondent management filed written statement

controverting the averments pleading that bank had a

generator and the owner of the generator employed the

workman for its operation. That he is not an employee of

the bank. Sometimes he was asked to bring water for the

bank and for the same he was paid through vouchers.

In support of its case the workman appeared in the

witness box and filed his affidavit reiterating the case as

set out in the claim petition.

On the other hand Sh. B.B. Pahwa was examined by

the respondent who supported its case as set out in written

statement.

I have heard Sh. Satyavir, AR of the workman and

Sh. Naresh K. Nanda counsel for the management.

A.R. of the workman has carried me through the

statement of the workman and submitted that workman

has specifically stated that the was employed by the

respondent management which also get corroboration from

the Identity Card Exhibit W2 issued by the Branch Manager

J.C. Dhuria and an application for issuing of concessional

bus pass Exhibit W1 which was also forwarded by the said

person and submitted that it stands conclusively proved

on the file that the workman was an employee of the

respondent management.

I have considred the contentions.

Respondent management is a nationalized bank and

have its Rules and Regulations for filling various posts. It

is nowhere pleaded or proved how the workman was

employed in the bank on 1.1.1991, It cannot be said on the

simple assertions that he was employed in the bank on the

said date and the document i.e. photocopy of the Identity

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2583

Card (Exhibit W2) and the application (Exhibit W1) which

is allegedly signed by Sh. J.C. Dhuria Branch Manager,

wherein the designation of the workman is mentioned as

waterman, are of no help to him, as his appointment as

such is not proved. According to the workman these are

signed by Sh. J.C. Dhuria. Though he summoned Mr. J.C.

Dhuria but his application was declined vide order dated

18.11.2010 and later on Mr. J.C. Dhuria expired. Even if it is

assumed that these documents are signed by him, it is not

shown that he was ever authorized to employ the workman

as waterman and was authorized to sign the documents as

such. According to the workman, he remained in

employment from 1.1.1991 to 9.3.1997 but he did not make

any effort to produce and prove any record to establish

that he has drawn any salary from the bank at any point of

time and in the absence of any documentary evidence, it

cannot be said that he was ever employed as waterman/

peon by the bank.

Thus it is not established on the file that the workman

was employed as a waterman-cum-peon and his services

were terminated and he is not entitled to any relief. The

reference is accordingly answered against the workman.

Let hard and soft copy of the award be sent to the Central

Government for further necessary action.

KEWAL KRISHAN, Presiding Officer

ubZ fnYyh] 3 ekpZ] 2014

dkñvkñ 986.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lkmFk bZLVuZ

dksyQhYMl fyfeVsM ds izca/kra= ds lac) fu;kstdksa vkSj muds

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

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky; tcyiqj ds iapkV ¼lanHkZ

la[;k 08@89½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

03-03-2014 dks izkIr gqvk FkkA

[lañ ,y&22012@57@1988&Mh&4 ¼ch½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 3rd March, 2014

S.O. 986.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 08/89) of

the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of SECL and their workmen,

received by the Central Government on 03.03.2014.

[No. L-22012/57/1988-D-4(B)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/8/89

SHRI R.B. PATLE, Presiding Officer

General Secretary,

Madhya Pradesh Koyla Mazdoor Sabha (HMS),

South Jhagrakhand Colliery,

Distt. Surguja (MP)

...Workman/Union

Versus

Dy. C.M.E/Sub Area Manager,

West Jhagrakhand Sub Area

SECL,

Distt. Surguja (MP)

...Management

AWARD

(Passed on this 12th day of December, 2013)

1. As per letter dated 3-1-89 by the Govenment 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-22012/57/88-D-4(B). The dispute under reference relates

to:

"Whether the action of the management in relation

to B Seam Colliery of West Jhagrakhand Sub Area of

SEC.Ltd. in dismissing their workkan Shri Ramadhar

Loader from services w.e.f. 1-11-1986 is legal and

justified? If not, to what relief the workman concerned

is entitled and from what date?"

2. After receiving reference, notices were issued to

the parties. Ist party workman filed statement of claim at

Page 3/1 to 3/2. The case of Ist party workman is that he

was working as Loader/dresser in B Seam Colliery managed

by IInd party. On 30-10-86, his services were terminated

without conducting enquiry, issuing showcause notice or

giving any opportunity. That prior to his termination, he

was suspended on 26-10-86. The dispute was raised before

ALC, Shahdol. Ist party workman further submits that he

was Organising Secretary M.P. Koyla Mazdoor Sabha of

B Seam colliery. The management was annoyed with him

as he raised dispute regarding the marking present of loaders

who were absent. That his services were deliberately

terminated without conducting any enquiry. It is reiterated

that he was not given any opportunity, within 5 days period,

the management decided to dismiss his services. Action of

the management is arbitrary, illegal. On such ground,

workman prays for setting aside order of his dismissal and

rays for reinstatement with back wages.

3. IInd party filed Written Statement at Page 2/1 to

2/4. Claim of Ist party workkan is denied. IInd party submits

that Ist party workman was working as labour in B Seam

Colliery, Hasdeo Area. On 28-10-86, around 8.50 AM,

Colliery Manager Mr. Mukherjee was coming from time

office and approaching towards his office. Ist party workman

Ramadhar assaulted Mr. Mukherjee with lathi. Mr.

Mukherjee suffered injuries. Workman inflicted 12-14 lathis

on Mr. Mukherjee who was referred for medical examination.

Different injuries were found on his body like contusion

2584

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

on right forearm about 1 1/2" below elbow joints of size

about 3"x1 1/2" with swelling, Haemotoma on Left Palur,

Abrasion 4"x1 1/8 " on Left Leg, Abrasion 2" x 2" about 3 "

above and behind ilise Right side.

4. IInd party submits that formal enquiry was

conducted by Shri Katare Dy. Personnel Manager, he has

recorded evidence of 10-12 persons present at the time of

incident. On the basis of said evidence collected by Shri

Katare and his findings, Dy. Chief Manager Hasdeo Area

submitted note sheet dated 13-10-86 recommending

dismissal for Ist party workman. General Manager Hasdeo

Area agreed with the same. As such Ist party workman was

terminated from 30-10-86. IInd party further submits that

Ist party workman is in habit of assaulting people working

in the colliery. That earlier Ist party workman was issued

chargesheet on 18-1-86 for disobeying orders of his

superiors, warning was issued to him, on 18-11-86 for

disobeying orders of his superiors, warning was issued to

him, on 18-11-86 chargesheet was issued for disobeying

orders of superiors. On 23-3-86, the chargesheet was issued

to him for disorderly behavior threatening, abusing superior

and the punishment of suspension was imposed. On

29-3-86, chargesheet was issued, workman was severely

warned. On 27-11-86, chargesheet was issued for serious

misconduct, the workman was warned. After receiving

chargesheet dated 27-10-86 workman was under

suspension. He assaulted Mr. Mukherjee on 28-10-86.

5. IInd party further submits that Mr. Mukherjee had

suffered serious injuries from assault by workman. That it

was not possible to conduct departmental enquiry against

workman as he had very bad record of service. The details

are given in termination order dated 30-10-86 issued to the

workman. The management further submits that as formal

enquiry was not conducted against workman, proper action

about misconduct committed by workman is taken. The

management submits that he be permitted to prove charges

against workman. On such ground, IInd party submits that

the dismissal of Ist party workman is justified and prays for

rejection of the claim.

6. Considering pleadings between parties and order

of reference, 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 West

Jhagrakhand Sub Area of

SEC.Ltd. in dismissing

their workman Shri

Ramadhar Loader from

services w.e.f. 1-11-1986 is

legal?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to relief

prayed by him.

REASONS

7. Point No. 1- In present case formal enquiry is not

conducted against workman. The management has

requesting permission to prove misconduct committed by

workman. The evidence of witnesses Shri K.V. Vishwakarma,

Karamat Ali, Chandrika Prasad, Naresh Pal Saini, Durbal,

S/o Ranjas, U.K. Behra Medical Officer, S.A. Mukherjee

Manager, P.K. Sharma, Gaya Prasad Singh, Rajendra Prasad,

Satyadev Pal, Bhola S/o Shankar, Ramashray Satya Dev

Gupta, Ramadhar Loader is adduced on affidavit. The

witnesses were cross-examined. All of witnesses have

supported that delinquent workman Ramadhar assaulted

with stick on Shri Mukherjee, the Mines Manager, inflicted

several blows with sticks causing injuries to him. From

evidence of witness U.K. Behra, the injuries on body of

Mr. Mukherjee were found lacerated wound about 1" x

3/4" x 3/4" on right elbow, contusion on right forearm

21/2" below elbow joints of size 3"x1 1/2" with swelling,

Haemotoma on Left Palur, Abrasion 4"x1 1/8 " on Left Leg,

Abrasion 4" x 1" on left leg, Abrasion 2" x 2" about 3 "

above and behind ilise Right side. The evidence of witness

is not shattered in his cross-examination.

8. Mr. Mukherjee has also stated that he was inflicted

stick blows by delinquent workman. Other witnesses also

corroborates the evidence of Mr. Mukherjee. In his cross-

examination Mr. Mukherjee has denied that workman had

also suffered injuries at the time of incident. Cross-

examination of Mr. Mukherjee shows that after blow inflicted

on him by workman, he was lied down. Copy of judgment

by Criminal Court is produced at the time of argument by

learned counsel for Ist party. From reading of judgment, it

is seen that Ist party was acquitted being benefit of doubt

minor inconsistency in evidence of the witnesses. The legal

position is shattered that burden of proof in criminal case

and domestic enquiry is different. In domestic enquiry, it is

not necessary to prove alleged misconduct beyond

reasonable doubt.

9. Learned counsel for Ist party Shri Shrivastava did

not advance any argument about the evidence adduced

by the management. Learned counsel for Ist party Mr.

Shrivastava submits that the chargesheet is not issued to

the workman. Therefore no enquiry was conducted against

him. In absence of chargesheet, no enquiry can be

conducted against workman, question of law can be raised

at any stage it does not require pleading. In support of his

above argument learned counsel relies on ratio held in.

"Case of UCO Bank and Another versus Rajinder Lal

Capoor reported in 2008(5) Supreme Court Cases 257.

Their Lordship dealing with UCO Bank Officers

Service Regulations 1979 Regulation 20(3)(ii) held

disciplinary proceedngs are initiated from the stage

chargesheet is served and not from the stage of

preliminary enquiry. Legal fiction of deemed pendency

of disciplinary proceedings from the stage of issue

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2585

of showcause notice created by 1979 Regulations

held operates in a different field and therefore does

not apply to 1976 Regulations.

Ratio held in above case is directly permit to prove

misconduct by adducing evidence in Court. Whether

it is necessary to issue formal chargesheet. In present

case the Written Statement filed by IInd party

elaborately narrates the incident dated 18-10-86

around 8.50 AM Shri S.A. Mukherjee was assaulted

by Ist party workman inflicted injuries of different

size, dimensions and formal enquiry made by Shri

Katare. The facts are set out in Para 3 & 4 of the

Written Statement. The workman did not file rejoinder

to it. The evidence of several witnesses is filed. The

witnesses are cross-examined. Workman was also

supplied copy of documents produced. Order of

dismissal Exhibit M-25 also finds elaborate reference

of the incident alleged against the workman. Learned

Counsel for Ist party Mr. Shrivastava further relied

in ratio held in—

Case of Shri Udhav Singh versus Madhav Rao Scindia

reported in 1977(1) Supreme Court Cases 511. In para-

26 of the judgment, their Lordship observed an

objection on ground of non-compliance with the

requirement of Section 82 (b) arises out of allegations

made in the petition itself. Such a plea raises a pure

question of law depending on a construction of the

allegations in the petition, and does not require

evidence for its determination. Such a plea therefore,

can be raised at any time even without formal

amendment of the Written Statement."

The ratio held does not deal with the question

whether formal chargesheet is necessary to be served

on workman when permission is granted by Court to

prove in case when formal enquiry is not held.

Therefore the ratio in above case cannot be

beneficially applied to case at hand. Therefore I do

not find substance in the argument advanced by the

counsel for Ist party.

10. The evidence of witnesses discussed above is

sufficient to prove that the workman inflicted stick blows

on Mr. Mukherjee Mines Manager causing injury to him. I

therefore record my finding in Point No. 1 in Affirmative.

11. Point No. 2- the evidence of the witnesses of the

management clearly shows that the workman inflicited stick

blows causing injury to Mines Manager Mr. Mukherjee. It

is serious misconduct. Assaulting Mine Manager for any

reason does not deserves leniency. Learned counsel for

IInd party has submitted bunch of citations along with

Page 36. I am not inclined to discuss in detail the ratio held

in all those cases. Considering the gravity of misconduct

proved from evidence of witness of the management.,

dismissal of workman cannot be said illegal. No leniency is

justified in the matter. The purnishment of dismissal from

service does not call for interference. Therefore I record

my finding in Pont No. 1 in Affirmative.

12. In the result, award is passed as under:—

(1) The action of management in relation to B Seam

Colliery of West Jhagrakhand Sub Area of SEC.

Ltd. in dissmissing their workman Shri Ramadhar

Loader from services w.e.f. 11.11.1986 is proper

and legal.

(2) Workman is not entitled to any relief prayed by

him.

R.B. PATLE, Presiding Officer

ubZ fnYyh 3 ekpZ] 2014

dkñvkñ 987.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lkmFk bZLVuZ

dksyQhYMl fyfeVsM ds izca/kra= ds lac) fu;kstdksa vkSj muds

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

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03-03-2014 dks izkIr gqvk FkkA

[lañ ,y&22012@8@1995µvkbZvkj ¼lh&II)]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 3rd March, 2014

S.O. 987.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No. 127/95)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of SECL and their workmen,

received by the Central Government on 03.03.2014.

[No. L-22012/8/1995-IR (C-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/127/95

PRESIDING OFFICER: SHRI R.B. PATLE

General Secretary,

Koyla Shramik Sanga, (UTUC),

Post Dhanpuri,

Distt. Shahdol

... Workman/Union

Versus

Sub Area Manager,

Amlai Sub Area of SECL,

Post Amlai Colliery,

Distt. Shahdol

... Managerment

2586

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

AWARD

(Passed on this 1st day of November, 2013)

1. As per letter dated 10.7.95 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-22012/

8/95/IR(C-II). The dispute under reference relates to:

"Whether the action of the Sub Area Manager, Amlai

sub Area of SECL of Sohagpur Area of SECL in

dismissing Shri Ramlalit, Mining Sirdar, T.No. 1829,

Amlai Collieiry from company services w.e.f. 4.6.94 is

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

is entitled to?"

2. After receiving reference, notices were issued to

the parties. Workman submitted Statement of Claim at Page

4/1 to 4/2. The case of workman is that he was working as

Mining Sirdar, Token No. 1829. He joined service in 1973.

That he performed his services with devotion without any

adverse remarks. On 18.7.91, chargesheet was served to

him. He was also suspended. The allegation in chargesheet

were that he had illegally constructed house on land

beloning to IInd party SECL, Sohagpur. As per the Ist party

workman, he did not construct house. His elders are

residing separately with his family. That his family had

constructed the house. He was not concerned with the

construction of house. That the enquiry was conducted

out of vengeance. The workman prayed for his

reinstatement with consequential benefits.

3. IInd party filed Written Statement at Page 7/1 to

7/3. IInd party did not dispute that Ist party workman was

working as Mining Sirdar Token No. 1829 in Amlai Colliery,

Sohagpur Area. That he had constructed a structure near

durga temple on the company's land. The construction

was unauthorized. That Charge No. 989 dated 18.11.91

was issued to the workman. The reply submitted by

workman was not found satisfactory. Shri A.K. Srivastava

was appointed as Enquiry Officer. The enquiry was

conducted. Witnesses of the management were cross-

examined. Reasonable opportunity was given to the

workman for his defence. The charges were provied from

evidence in Enquiry Proceedings. Serious misconduct was

committed by Ist party workman. The punishment was

imposed considering gravity of misconduct. If it is found

that enquiry is vitiated, IInd party be given promotion to

prove misconduct before Court. On such contentions, IInd

party submits that termination of workman from service is

legal. Relief prayed by workman be rejected.

Preliminary issue of legality of enquiry is decided by

my learned predecessor vide order dated 8.11.2010. The

enquiry conducted against workman is found legal and

proper.

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 Sub

In Negative

Area Managter, Amlai sub

Area of SECL of Sohagpur

Area of SECL in dismissing

Shri Ramlalit, Mining Sirdar,

T.No. 1829, Amlai Collieiry from

company services w.e.f. 4.6.94

if legal?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

6. The enquiry conducted against workman is found

legal for deciding Point No. 1, it is necessary to consider

whether the findings of Enquiry Officer are supported by

same evidence, whether the punishment of termination

from service imposed against workman is proper and legal.

I have carefully gone through the record of the Enquiry

Proceedings. All the witnesses of the management have

stated that the construction was made by side of Durga

Temple Road by workman. That son of workman Ashok

Kumar is working as Driver. Learned Counsel for workman

Shri R.C. Shrivastava did not advanced any argument on

the point of findings of Enquiry Officer and evidence in

Enquiry Proceedings. Learned counsel for workman

submits that the encroachment is not proved. That

evidence is subsequently produced. Workman could have

been evicted for unauthorized construction under Public

Premises Eviction Act, 1971. That said officer is appointed

in SECL. The said officer did not make any enquiry for

unauthorized construction of the workman therefore learned

counsel for workman further submits that the misconduct

alleged on part of workman is not proved rather is found to

have made unauthorise to have been removed under

provisions of Public Premises Eviction Act. Learned

counsel for IInd party emphasized that powers of the

employment to hold enquiry for misconduct on part of Ist

party workman are not taken away by the provisions of

said Act, the termination from service is proper and legal.

The evidence whether the punishment imposed on

workman is legal and proper. The gravity of misconduct

needs to be considered therefore the evidence in Enquiry

Proceedings needs to be looked into. Cross-examination

of management's witness Shri Mishra Page 8/22-23 shows

that Wooden Thela was kept by side of road. Said Wooden

Thela was used for repairing bicycles. The size of Thela

was less in area. The Construction made by workman was

of larger size. The charge sheet issued to the workman

does not show the size of construction made by the

workman. Any of the witnesses of the management have

also not stated about the size of the unauhorized

construction made by the workman but from evidence in

cross-eamination of witness Vishnudeo Mishra, it is clear

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2587

that unaouthorised consideration made by workman was

bigger than wooden Thela which was kept by side of road.

The management of IInd party inspite of taking action for

removal of unauthorized construction involving provisions

of Public Premises Eviction Act, 1971 initiated departmental

enquiry. No doubt, the IInd party is competent to conduct

enquiry about the misconduct committed by workman that

the size of unauthorized construction shows very small,

bigger than a Thela. Bicycle repairing work was done by

workman in that construction which shows his intention

to get income from such manner. The map produced by

managerment also shows the small size of unauthorised

construction. The map has not been proved. For small

construction, bigger than a Wooden Thela, punishment of

termination from service is certainly disproportionate. The

termination from service has impact on entire family. I need

not say that it causes civil death of family. Keeping those

aspects in view, in my considered view, the termination of

service is not justified. Accordingly I record my finding in

Point No. 1 in Negative.

7. Point No. 2- In view of my finding in Point No. 1

that the action of management in terminating service of

workman is not justified, question arises as to what relief

the workman is entitled for? In present case, the workman

was working as Mining Sirdar. He was dismissed from

service long back. The denial of back wages would be

sufficient punishment. Accordingly I record my finding in

Point No. 1.

8. In the result, award is passed as under:—

(1) Action of the Sub Area Manager, Amlai sub Area

of SECL of Sohagpur Area of SECL in dismissing

Shri Ramlalit, Mining sirdar, T. No. 1829, Amlai

Collieiry from company services w.e.f. 4.6.94 is

not proper.

(2) IInd party management is directed to reinstate

the workman in service but without back wages.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 3 ekpZ] 2014

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dk 47½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj osLVuZ dksyQhYMl

fyfeVsM ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp]

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kdj.k@Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k 193@94½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 03@03@2014 dks izkIr gqvk

FkkA

[lañ ,y&22012@276@1994&vkbZvkj ¼lh&II½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 3rd March, 2014

S.O. 988.—In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. No.193/94)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of WCL and their workmen,

received by the Central Government on 03/03/2014.

[No. L-22012/276/1994-IR (C-II)]

B.M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/193/94

SHRI R.B. PATLE, Presiding Officer.

General Secretary,

SKMS (AITUC),

Post Eklahra,

Distt. Chhindwara (MP)

.... Workman/Union

Versus

Manager,

Rakhikol Colliery of WCL,

Post, Distt. Chhindwara

.... Management

AWARD

(Passed on this 22nd day of November, 2013)

1. As per letter dated 4-10-94 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-22012/

276/94-IR (C-II). The dispute under reference relates to:

"Whether the action of the management of Rakhikol

Colliery of WCL, Kanhan Area PO Rakhikol, Distt.

Chhindwara (MP) in dismissing Shri Sundarlal S/o

Daliram, Tub Loader w.e.f. 7-3-93 is justified? If not,

to what relief the workman is entitled?"

2. After receiving reference, notices were issued to

the parties. Workman filed statement of claim at Page 2/1 to

2/2. The case of workman is that he was appointed as tub

loader in Mohan Colliery in 1975. The job of tub loader is of

permanent nature. He claims to be working on permanent

post. That he was availing sick leave, Casual Leave. Paid

leave as other permanent workers availed. That he was

transferred to Rakhikol colliery without legal ground. His

transfer was disputed. That the transfer caused his

inconvenience as he was residing at remote village. There

was no road to go to Rakhikol regularly. The workman also

claimed to be in receiving treatment from company

dispensary and outside. That he was served with

chargesheet for unauthorised absence for period more than

10 days without sufficient cause, without prior permission.

The chargesheet was received on 12-11-90. The workman

2588

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

submits that said chargesheet was condoned vide letter

dated 17-11-90. That despite of it, the management has

dismissed workman on same chargesheet and order dated

20-2-93. The action is taken by management without

considering record. On such ground, Ist party workman

prays for his reinstatement with consequential benefit.

3. IInd party filed Written Statement at Page 4/1 to 4/

3. IInd party submits that workman was employed at

Rakhikol Colliery as Badli Tub Loader. He was in habit to

remaining absent from duty for long period without

informaion, without reasonable cause. Workman was absent

without reasons from 16-9-91 till November, 1992. The

chargesheet was issued to him on 19-7-92 regarding his

habitual unauthorized absnece. The reply given by

workman was not found satisfactory. Enquiry Officer was

appointed. Enquiry Officer issued notice of enquiry dated

12-10-92, 30-10-92. Workman was present. He admitted

charge. However the Presenting Officer was directed to

substantiate the charges. Workman was given opportunity

for his defence.

4. IInd party further submits that Enquiry officer

submitted his findings holding workman guilty of charges

against him of unauthorized absence. Chart of the working

days of workman from 1989 to 1992 are given by IInd party.

Workman was present for 82½ days in 1989, 88 days in

1990, 3 days in 1991, 2 days in 1992. IInd party submits that

workman was unauthorisely absent. It is proved from

evidence in enquiry. Therefore his dismissal from service

is proper and legal.

5. Ist part workman filed rejoinder at Page 5

contending that the action of the dismissal was taken

against him on chargesheet dated 21-11-90 by the

management is illegal. Management filed rejoinder at Page

6/1 to 6/2 and contended that the workman was not

dismissed on same chargesheet. His dismissal is legal and

proper.

6. Vide order dated 19-3-2012, my predecessor has

found enquiry conducted against workman is proper and

legal.

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 misconduct

In Affirmative

alleged against workman is

proved from evidence in

Enquiry proceedings?

(ii) Whether the punishment of

In Affirmative

dismissal imposed against

workman is legal and proper?

(iii) To what relief the workman

Relief prayed by

is entitled to?"

workman is rejected.

REASONS

8. The enquiry conducted against workman is found

legal and proper. The copy of Enquiry Proceeding is

produced at exhibit M-1. Workman has admitted charge of

unauthorized absence. In view of admission of his absence

by workman, the misconduct alleged against workman is

proved. I may note that the workman has pleaded that he

was proceeding on sick leave, CL, Paid leave but no

documents were produced in Enquiry Proceedings by

workman that he was sanctioned any kind of such leave

during the period of alleged unauthorized absence. The

workman was authorisely absent. After Issue No. 1 is

decided, workman has not adduced any evidence.

Workman and his counsel remained absent. Any argument

is not adduced on behalf of workman. Considering

unauthorized absence alleged against workman, 16-9-91 to

16-7-92 is long period. I don't find reason to interfere the

punishment of dismissal imposed against workman. For

above reasons, I record my finding on Point No. 1, 2 in

Affirmative.

9. In the result, award is passed as under:—

(1) Action of the management of Rakhikol Colliery of

WCL, Kanhan Area PO Rakhikol, Distt.

Chhindwara (MP) in dismissing Shri Sundarlal

S/o Daliram, Tub Loader w.e.f. 7-3-93 is proper.

(2) Relief prayed by workman is rejected.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 3 ekpZ] 2014

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03@03@2014 dks izkIr gqvk FkkA

[lañ ,y&22012@22@2001&vkbZvkj ¼lh,e&II½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 3rd March, 2014

S.O. 989.— In pursuance of Section 17 of the

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

Government hereby publishes the Award (Ref. 144/2001)

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

Jabalpur as shown in the Annexure, in the industrial dispute

between the management of SECL and their workmen,

received by the Central Government on 03/03/2014.

[No. L-22012/22/2001-IR (CM-II)]

B. M. PATNAIK, Desk Officer

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2589

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

No. CGIT/LC/R/144/2001

PRESIDING OFFICER: SHRI R.B. PATLE

The Secretary,

Koyla Mazdoor Sabha,

At & PO South Jhagrakhand,

Distt. Korea,

Chhattisgarh

...Workman/Union

Versus

Sub Area Manager,

Jhagrakhand Colliery of SECL,

PO south Jhagrakhand,

Distt. Korea,

Chhattisgarh

...Management

AWARD

(Passed on this 30th day of January, 2014)

1. As per letter dated 31-7-2001 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-22012/

22/2001-IR(CM-II). The dispute under reference relates to:

"Whether the action of the Sub Area Manager, West

Jhagrakhand Sub Area of SECL, PO South

Jhagrakhand Colliery, Distt. Korea (Chhattisgarh) in

not providing employment on compassionate ground

to Smt. Brahaspatiya Bai D/o Late Shri Phirtu Ram,

Ex-employee of Khongapani Colliery is legal and

justified? If not, to what relief she is entitled to?"

2. After receiving reference, notices were issued to

the parties. Management had filed application under

Section 10 of CPC for stay of the proceeding submitting

that the workman has filed Writ Petition No. 970/2002 before

Hon'ble High Court for the similar relief. Copy of said Writ

petition is produced alongwith copies of the documents

produced in writ Petition. My predecessor vide order dated

2-7-09, management was directed to produce last order

passed by Hon'ble High Court. On 25-11-10, it was observed

that Writ Petition is filed in 2002 whereas reference is

pending since 2001. The reference will continue. Parties

were at liberty to take appropriate steps. The workman was

proceeded exparte on 9-8-2012.

3. IInd party management filed exparte Written

Statement contending that workman has not filed Statement

of Claim. Workman is proceeded exparte. That writ Petition

No. 970/2002 is filed for same relief before Hon'ble High

Court, Chhattisgarh. The reference is not tenable. Ist party

is not entitled to employment to employment on

compassionate ground as one of the dependent of workman

Phirturam was provided employment as dependent.

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 Sub

In Affirmative

Area

Manager,

West

Jhagrakhand Sub Area of SECL,

PO South Jhagrakhand Colliery,

Distt. Korea (Chhattisgarh) in not

providing employment on

compassionate ground to Smt.

Brahaspatiya Bai D/o Late Shri

Phirtu Ram, Ex-employee of

Khongapani Colliery is justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to relief

prayed by him.

REASONS

5. Though the terms of reference relates to denial of

employment on compassionate ground to Smt. Brihaspatiya

Bai, D/o Late Phirtu Ram in the colliery, no statement of

claim is filed in support of the said relief by Ist party. Ist

party is proceeded exparte on 9-8-2012. Management filed

exparte Written Statement denying claim of Ist party.

Affidavit of evidence of management's witness G. Shyamla

Rao is filed. The witness of management has stated that

Phirtu Ram was working as General Mazdoor at IWSS Plant.

He was declared medically unfit from 29-3-89. As per

provisions of NCWA, dependent employment is provided

to Shri Daluram, Son in law of Phirtu Ram. Therefore the

claim of Ist party is not liable. Ist party has not participated

in the reference proceeding. Evidence of management's

witness remained unchallenged. I do not find any reason

to disbelieve his evidence. Copies of affidavit of

Brihaspatiyabai is produced. For above reasons, I record

my finding in Point No. 1 in Affirmative.

6. In the result, award is passed as under:—

(1) The action of the Sub Area Manager, West

Jhagrakhand Sub Area of SECL, PO South

Jhagrakhand Colliery, Distt. Korea (Chhattisgarh)

in not providing employment on compassionate

ground to Smt. Brahaspatiya Bai D/o Late Shri

Phirtu Ram, Ex-employee of Khongapani Colliery

is legal and proper.

(2) Ist party is not entitled to any relief.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 3 ekpZ] 2014

dkñvkñ 990.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lkmFk bZLVuZ

2590

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

dksyQhYMl fyfeVsM ds izca/kra= ds lac) fu;kstdksa vkSj muds

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

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ

la[;k 153@98½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks

03@03@2014 dks izkIr gqvk FkkA

[lañ ,y&22012@12@1997&vkbZ vkj ¼lh&II½]

chñ ,eñ iVuk;d] MsLd vf/kdkjh

New Delhi, the 3rd March, 2014

S.O. 990.—In pursuance of Section 17 of the

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

Government hereby publishes the award (Ref. No. 153/98)

of the Central Government Industrial Tribunal-Cum Labour

Court, Jabalpur as shown in the Annexure in the industrial

dispute between the management of SECL and their

workmen, received by the Central Government on 03/03/

2014.

[No. L-22012/12/1997-IR(C-II)]

B. M. PATNAIK, Desk Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/153/98

PRESIDING OFFICER: SHRI R.B. PATLE

Joint Secretary,

Rashtriya Colliery Workers Federation,

Jhimar Colliery,

...Workman/Union

Distt. Shahdol (MP)

Versus

The Sub Area Manager,

Ram Nagar, RO SECL,

Post Ramnagar Colliery,

...Management

Distt. Shahdol (MP)

AWARD

(Passed on this 29th day of January 2014)

1. As per letter dated 16-7-98 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-22012/

12/97-IR(C-II). The dispute under reference relates to:

"Whether the action of the Sub Area Manager,

Ramnagar RO of SECL, Hasdeo Area in not

regularizing Shri Ram Lal and Shri Shyam Sunder

(General Mazdoor and Timber Mazdoor in the post

of tub checker i.e. Tub Munshi and also not making

payment to them of difference of wages for higher

nature of work 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 filed statement of claim at Page 2/1 to

2/9. The case of 1st Party workman is that he was appointed

as coal loading mazdoor on daily wages on 2-1-80 in

Ramnagar Colliery, SECL. He was designated as General

Mazdoor in March, 1981 and considered on permanent

basis. He was confirmed without break as employee of coal

mines. He was paid monthly salary. Since Ramnagar colliery

was closed, he was transferred to Jhimar colliery on 20.5.95.

He was asked to work as tub writer. Accordingly he was

working as Tub Munshi from December, 1992. The basic

pay of General Mazdoor was Rs. 1300/- per month whereas

basic pay of Tub Munshi was Rs. 2200/- per month. Job of

General Mazdoor was to support the upper roof of mines

by using balli, dressing, cleaning, packing etc. The job of

Tub Munshi is of clerical nature while salary being paid to

Tub Munshi is higher by Rs. 1000/- than General Mazdoor.

Though the work of tub Munshi was extracted from

workman from April, 93 to August, 95, he was not paid

salary of tub Munshi despite of his repeated request. The

grievance was brought to knowledge of Rashtriya Colliery

Workers Federation. He worked for more than 240 days as

Tub Munshi. He was not paid difference of wages for the

post of Tub Munshi. The workman is praying that he may

be regularized on the post of Tub Munshi and also higher

wages and said post be granted to him.

3. IInd party filed Written Statement at page 5/1 to 5/

3. Claim of workman is denied. It is denied that workman

was asked to work as tub writer/Munshi clerical grade. The

claim is based on verbal instruction purported to have been

given by Shri P.K. Pradeep, Manager, Jhimer Colliery,

Ramnagar Sub Area. That Shri P.K. Pradeep was not

confident to give such instructions. Workman was not

expected to act upon verbal instructions. Workman is not

entitled to wages of tub Munshi claimed by him. That

workman cannot claim wages comparing himself with

workers working in different categories. IInd party prays

for dismissal of claim.

4. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i)

Whether the action of the Sub

In Affirmative

Area Manager, Ramnagar RO

of SECL, Hasdeo Area in not

regularizing Shri Ram Lal and

Shri Shyam Sunder (General

Mazdoor and Timber Mazdoor

in the post of tub checker i.e.

Tub Munshi and also not

making payment to them of

difference of wages for higher

nature of work is justified?

(ii) If not, what relief the

Workmen are not

workman is entitled to?"

entitled to relief

prayed by them.

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2591

REASONS

5. Though workman are claiming regularization on

the post of tub Munshi and higher wages of said post, the

workman failed to participate in the reference proceeding.

They did not adduce evidence in support of their claim.

The evidence of workman is closed on 22-12-2010. The

management filed affidavit of evidence of witness of

Shri Arun Kumar Shrivastava covering all contentions in

Written Statement filed by the management. That Manager

is not empowered to employ any person to the post of

Munshi. Shri P.K. Pradeep, the then Manager was not

competent nor engaged the 1st party workman as Munshi

at that time. That Shabhonath Yadav and Shri S.S.

Vishwakarma were working as Timber Mistry in Category

IV and steel prop Mazdoor in Category III respectively. Ist

party workman cannot compare with them. The evidence

of management's witness remained unchallenged. The

management's witness was not cross-examined. I do not

find reason to disbelieve evidence of management's witness.

Workman have failed to adduce evidence in support of

their claim therefore I record my finding in Point No. 1 in

Affirmative.

6. In the result, award is passed as under:—

(1) The action of the Sub Area Manager, Ramnagar

RO of SECL, Hasdeo Area in not regularizing Shri

Ram Lal and Shri Shyam Sunder (General Mazdoor

and Timber Mazdoor in the post of tub checker

i.e. Tub Munshi and also not making payment to

them of difference of wages for higher nature of

work is legal and proper.

(2) Workmen are not entitled to relief prayed by them.

R. B. PATLE, Presiding Officer

ubZ fnYyh] 4 ekpZ] 2014

dkñvkñ 991.—deZpkjh jkT; chek vf/kfu;e] 1948

¼1948 dk 34½ dh /kkjk 1 dh mi /kkjk&¼3½ }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01 vizSy] 2014 dks ml

rkjh[k ds :i esa fu;r djrh gS] ftudks mDr vf/kfu;e ds

v/;k;&4 ¼44 o 45 /kkjk ds flok; tks igys ls izo`Ùk gks pqdh gS½

v/;k;&5 vkSj 6 [/kkjk &76 dh mi /kkjk & ¼1½ vkSj /kkjk &77] 78]

79 vkSj 81 ds flok; tks igys gh izo`Ùk dh tk pqdh gS] ds mica/k

jktLFkku jkT; ds fuEufyf[kr {ks=ksa esa izo`Ùk gksaxs] vFkkZr~%&

Øe

jktLo xkao dk uke

rglhy dk

ftys dk uke

lañ

uke

1-

2-

4-

5-

1-

dkykMsjk

pkSew

t;iqj

[ lañ ,l&38013@13 @2004&,lñ,lñ 1]

iou dqekj] voj lfpo

New Delhi, the 4th March, 2014

S.O. 991.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees State

Insurance Act, 1948 (34 of 1948) the Central Government

hereby appoints the 1st April, 2014 as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI [except Sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Rajasthan namely:—

S.

Name of Revenue

Name of

Name of

No.

Village

Tehsil

District

1

2

3

4

5

1

KALADERA

CHOMU

JAIPUR

[No. S-38013/13/2014-S.S.I]

PAWAN KUMAR, Under Secy.

ubZ fnYyh] 4 ekpZ] 2014

dkñvkñ 992.—deZpkjh jkT; chek vf/kfu;e] 1948

¼1948 dk 34½ dh /kkjk &1 dh mi&/kkjk ¼3½ }kjk iznÙk 'kfDr;ksa

dk iz;ksx djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01 vizSy] 2014 dks ml

rkjh[k ds :i esa fu;r djrh gS] ftudks mDr vf/kfu;e ds v/

;k;&4 ¼44 o 45 /kkjk ds flok; tks igys ls izo`Ùk gks pqdh gS½ v/

;k;&5 vkSj 6 [èkjk &76 dh mi&/kkjk ¼1½ vkSj /kkjk 77]78] 79

vkSj 81 ds flok; tks igys gh izo`Ùk dh tk pqdh gS] ds mica/k

jktLFkku jkT; ds fuEufyf[kr {ks=ksa esa izo`Ùk gksaxs] vFkkZr~%&

Øe lañ

fooj.k

rglhy dk

ftys dk

uke

uke

1- ftyk ckalokM+k rglhy xuksM+k ds fuEukafdr

xuksM+k

ckalokM+k

jktLo xzke ds vUrxZr vkus okys {ks=%&¼1½

eqaxkuk ¼2½ nkSyr flag dk x<+k ¼3½ vUrdkyh;k

¼4½ pUnwth dk x<+k ¼5½ pkank[ksM+h ¼6½ ukxnyk

¼7½ eksjM+h fupyh ¼8½ eksjM+h Åiyh ¼9½ bljokyk

¼10½ fVdyk ¼11½ cMfy;k ¼12½ fVEck xkeM+h

¼13½ VkfV;k ¼14½ ukS[kk

[ lañ ,l&38013@14@2014&,lñ,lñ 1]

iou dqekj] voj lfpo

New Delhi, the 4th March, 2014

S.O. 992.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees State

Insurance Act, 1948 (34 of 1948) the Central Government

hereby appoints the 1st April, 2014 as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI [except Sub-section (1) of Section 76 and Sections

2592

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Rajasthan namely:—

S.

Particular

Name of

Name of

No.

Tehsil

District

1

The Following Revenue Villages

Ganora

Banswara

failling within the limit of Ganora

Tehsil, Distt.-Banswara (1)

Mungana (2) Daulat Singh Ka

Gara (3) Antkaliya (4) Chanduji

Ka Gara (5) Chanda Kheri (6)

Nagdala (7) Mordi Nichali (8)

Mordi Upli (9) Isarwala (10) Tekla

(11) Badliya (12) Timba Gamri

(13) Tatiya (14) Noka

[No. S-38013/14/2014-S.S.I]

PAWAN KUMAR, Under Secy.

ubZ fnYyh] 4 ekpZ] 2014

dkñvkñ 993.—deZpkjh jkT; chek vf/kfu;e] 1948

¼1948 dk 34½ dh /kkjk&1 dh mi&/kkjk ¼3½ }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01 vizSy] 2014 dks ml

rkjh[k ds :i esa fu;r djrh gS] ftudks mDr vf/kfu;e ds

v/;k;&4 ¼44 o 45 /kkjk ds flok; tks igys ls izo`Ùk gks pqdh gS½

v/;k;&5 vkSj 6 [/kkjk&76 dh mi/kkjk ¼1½ vkSj /kkjk 77] 78] 79

vkSj 81 ds flok; tks igys gh izo`Ùk dh tk pqdh gS] ds mica/k

jktLFkku jkT; ds fuEufyf[kr {ks=ksa esa izo`Ùk gksaxs] vFkkZr~%

Øe

jktLo xkao dk uke

gn cLr

rglhy dk

ftys dk

lañ

la[;k

uke

uke

1

2

3

4

5

1-

uhe dk Fkkuk

uhe dk Fkkuk

lhdj

2-

uhe dk Fkkuk xzkeh.k

uhe dk Fkkuk

lhdj

3-

ghjk uxj

uhe dk Fkkuk

lhdj

4-

cYyHknkl iqjk

uhe dk Fkkuk

lhdj

5-

[kknjk

uhe dk Fkkuk

lhdj

6-

xkaoMh

uhe dk Fkkuk

lhdj

7-

txrflag uxj

uhe dk Fkkuk

lhdj

8-

ekuiqjk

uhe dk Fkkuk

lhdj

9-

fueksn

uhe dk Fkkuk

lhdj

10-

egkok

uhe dk Fkkuk

lhdj

11-

Hkjkyk

uhe dk Fkkuk

lhdj

12-

cf.k;kyk

uhe dk Fkkuk

lhdj

13-

<k.kh pyk

uhe dk Fkkuk

lhdj

14-

xksMkokl

uhe dk Fkkuk

lhdj

15-

pd pkjkokl

uhe dk Fkkuk

lhdj

16-

ea<ksyh

uhe dk Fkkuk

lhdj

17-

ekdMh

uhe dk Fkkuk

lhdj

18-

';ke uxj

uhe dk Fkkuk

lhdj

19-

l<w dk okl

uhe dk Fkkuk

lhdj

20-

ukikokyh

uhe dk Fkkuk

lhdj

21-

pd e.Mksyh

uhe dk Fkkuk

lhdj

22-

pkj.kokl mQZ

uhe dk Fkkuk

lhdj

iqjkukokl

23-

dksVMk

uhe dk Fkkuk

lhdj

24-

dSjokyh

uhe dk Fkkuk

lhdj

25-

jktuxj

uhe dk Fkkuk

lhdj

26-

vkxokMh

uhe dk Fkkuk

lhdj

27-

dqjcMk

uhe dk Fkkuk

lhdj

28-

eky uxj

uhe dk Fkkuk

lhdj

29-

fljksgh

uhe dk Fkkuk

lhdj

30-

Hkwnksyh

uhe dk Fkkuk

lhdj

31-

c`flokl

uhe dk Fkkuk

lhdj

32-

jk.kklj

uhe dk Fkkuk

lhdj

33-

xksj/kuiqjk

uhe dk Fkkuk

lhdj

34-

Hkxsxk

uhe dk Fkkuk

lhdj

35-

Hkxsxk vkj ,l

uhe dk Fkkuk

lhdj

36-

u;k ckl

uhe dk Fkkuk

lhdj

37-

nsouxj

uhe dk Fkkuk

lhdj

[lañ ,l&38013@15@2014&,lñ,lñ 1]

iou dqekj] voj lfpo

New Delhi, the 4th March, 2014

S.O. 993.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees' State

Insurance Act, 1948 (34 of 1948) the Central Government

hereby appoints the Ist April, 2014 as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI [except Sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Rajasthan namely:—

S.

Name of Revenue

Had Bast

Name of

Name of

No.

Village

Number

Tehsil

District

1

2

3

4

5

1.

Neem ka Thana

Neem ka Thana

Sikar

2.

Neem ka Thana

Neem ka Thana

Sikar

Grameen

3.

Heera Nagar

Neem ka Thana

Sikar

1

2

3

4

5

¹Hkkx II—[k.M 3(ii)º

Hkkjr dk jkti=k % ekpZ 15] 2014@iQkYxqu 24] 1935

2593

4.

Ballabhdas Pura

Neem ka Thana

Sikar

5.

Khadra

Neem ka Thana

Sikar

6.

Gaori

Neem ka Thana

Sikar

7.

Jagatsingh Nagar

Neem ka Thana

Sikar

8.

Manpura

Neem ka Thana

Sikar

9.

Neemod

Neem ka Thana

Sikar

10.

Mahwa

Neem ka Thana

Sikar

11.

Bharala

Neem ka Thana

Sikar

12.

Baniyala

Neem ka Thana

Sikar

13.

Dhani Chala

Neem ka Thana

Sikar

14.

Godawas

Neem ka Thana

Sikar

15.

Chak Charawas

Neem ka Thana

Sikar

16.

Mandoli

Neem ka Thana

Sikar

17.

Makri

Neem ka Thana

Sikar

18.

Shyamnagar

Neem ka Thana

Sikar

19.

Seduka Bas

Neem ka Thana

Sikar

20.

Napawali

Neem ka Thana

Sikar

21.

Chak Mandoli

Neem ka Thana

Sikar

22.

Chanranwas@

Neem ka Thana

Sikar

Purana Bas

23.

Kotra

Neem ka Thana

Sikar

24.

Kairwali

Neem ka Thana

Sikar

25.

Rajnagar

Neem ka Thana

Sikar

26.

Agawari

Neem ka Thana

Sikar

27.

Kurbara

Neem ka Thana

Sikar

28.

Mal Nagar

Neem ka Thana

Sikar

29.

Sirohi

Neem ka Thana

Sikar

30.

Bhoodoli

Neem ka Thana

Sikar

31.

Bar Singh Was

Neem ka Thana

Sikar

32.

Ranasar

Neem ka Thana

Sikar

33.

Gordhan Pura

Neem ka Thana

Sikar

34.

Bhagega

Neem ka Thana

Sikar

35.

Bhagera RS

Neem ka Thana

Sikar

36.

Naya Bas

Neem ka Thana

Sikar

37.

Dev Nagar

Neem ka Thana

Sikar

[No. S-38013/15/2014-S.S. I]

PAWAN KUMAR, Under Secy.

ubZ fnYyh] 4 ekpZ] 2014

dkñvkñ 994.—deZpkjh jkT; chek vf/kfu;e] 1948

¼1948 dk 34½ dh /kkjk&1 dh mi /kkjk ¼3½ }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq,] dsUnzh; ljdkj ,rn~}kjk 01 vizSy] 2014 dks ml

rkjh[k ds :i esa fu;r djrh gS] ftldks mDr vf/kfu;e ds vèk;&4

¼44 o 45 /kkjk ds flok; tks igys ls izo`Ùk gks pqdh gS½ v/;k;&5

vkSj 6 [/kkjk&76 dh mi/kkjk ¼1½ vkSj /kkjk&77] 78] 79 vkSj 81 ds

flok; tks igys gh izo`Ùk dh tk pqdh gS] ds mica/k rfeyukMq jkT; ds

fuEufyf[kr {ks=ksa esa izo`Ùk gksaxs] vFkkZr~%&

dsUnz

{ks= ds varxZr vkus okys fuEu jktLo xkao

ijeDdqMh dsUnz

ijeDdqMh rkyqd esa

ijeDdqMh rFkk

1- ijeDdqMh uxjikfydk lhek

by;adqMh rkyqd

2- deqnDdqMh

jkeukFkiqje rFkk

3- dkV~Vq ijeDdqMh

floxaxS ftyk

4- mjIiqyh

5- vfj;osany

6- eatwj

7- osarks.kh

8- iksnqoDdqMh

9- lwfM;wj

10- esyIikfrZcuwj

11- ,eusLoje

12- ,eñ dkouwj

13- ikEcwj

14- eatDdksYyS

by;adqMh rkyqd esa

15- dPpkÙk uYywj

[lañ ,l&38013@16@2014&,lñ,lñ 1]

iou dqekj] voj lfpo

New Delhi, the 4th March, 2014

S.O. 994.—In exercise of the powers conferred by

sub-section (3) of Section 1 of the Employees' State

Insurance Act, 1948 (34 of 1948) the Central Government

hereby appoints the 1st April, 2014 as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI [except Sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Tamil Nadu namely:—

Centre

Area Comprising the Revenue

Villages of

1

2

Paramakudi Centre,

1. Paramakudi Municipal Limit

Paramakudi &

2. Kamuthakudi

Ilayankudi Taluk,

3. Kattuparamakudi

Ramanathapuram &

4. Urappuli

Sivagangai District

5. Ariyanendal

1

2

3

4

5

2594

THE GAZETTE OF INDIA : MARCH 15, 2014/PHALGUNA 24, 1935

[PART II—SEC. 3(ii)]

6. Manjoor

7. Venthoni

8. Pothuvakudi

9. Soodiyur

10. Melaparthibanur

11. Emaneswaram,

12. S. Kavanoor

13. Pamboor

14. Manjakkollai in Paramakudi

Taluk

15. Katchathanallur in Ilayankudi

Taluk

[No. S-38013/16/2014-S.S.I]

PAWAN KUMAR, Under Secy.

ubZ fnYyh] 4 ekpZ] 2014

dkñvkñ 995.—deZpkjh jkT; chek vf/kfu;e] 1948

¼1948 dk 34½ dh /kkjk&1 dh mi /kkjk&¼3½ }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq,] dsUnzh; ljdkj ,rn}kjk 01 vizSy] 2014 dks ml

rkjh[k ds :i esa fu;r djrh gS] ftldks mDr vf/kfu;e ds

v/;k;&4 ¼44 o 45 /kkjk ds flok; tks igys ls izo`Ùk gks pqdh gS½

v/;k;&5 vkSj 6 ¹èkjk&76 dh mi /kjk&¼1½ vkSj /kkjk&77] 78] 79

vkSj 81 ds flok; tks igys gh izo`Ùk dh tk pqdh gSº ds mica/k

rfeyukMq jkT; ds fuEufyf[kr {ks=ksa esa izo`Ùk gksaxs] vFkkZr~%

dsUnz

{ks= ds varxZr vkus okys fuEu jktLo xkWao

fo:nquxj ftyk

jktiky;e rkyqd esa

esa fo:nquxj ds miuxj

1-

tehu dksYyaxks.Mku

2-

byafnjSdks.Mku

3-

jsxqukniqje

Jh fofYyiqÙkwj rkyqd esa

4-

fo"kqIiuwj

5-

v;u dfjlydqye

6-

iksUukM+dUuh

fo:nquxj rkyqd esa

7-

ewyhiV~Vh

8-

ukV~VkeZM+xye

9-

lsaM+dqUMªkiqje

flodklh rkyqd esa

10- iqnqDdksV~VS ,oa mlds mixzke lhrekuSdsuiV~Vh

11- dkyS;kjdqfjPph

12- dh"kkUejSukMq

ds varxZr vkus okys jktLo xkWaoA

[lañ ,l&38013@17@2014&,lñ,lñ 1]

iou dqekj] voj lfpo

New Delhi, the 4th March, 2014

S.O. 995.—In exercise of the powers conferred by

sub-section(3) of Section 1 of the Employees 'State

Insurance Act, 1948 (34 of 1948) the Central Government

hereby appoints the 1st April, 2014 as the date on which

the provisions of Chapter IV (except Sections 44 and 45

which have already been brought into force) and Chapter-

V and VI [except sub-section (1) of Section 76 and Sections

77, 78, 79 and 81 which have already been brought into

force] of the said Act shall come into force in the following

areas in the State of Tamil Nadu namely:—

Centre

Area comprising the revenue villages of

Peripheral areas

Areas comprsing the

of Virudhunagar

Revenue Villages of

1.

Zamin Kollan Kondan

2.

Ilanthirai Kondan

3.

Regunathapuram

of Rajapalayam Taluk

4.

Villuppanur

5.

Ion Karishalkulam

6.

Ponnankanni

of Srivilliputhur Taluk

7.

Moolipatti

8.

Nattaramangalam

9.

Sengundrapuram

of Virudhunagar Taluk

10.

Pudhukottai

11.

Kalayarkurichi

12.

Keelanmarai Nadu

of Sivakasi Taluk

in Virudhunagar District

[No. S-38013/17/2014-S.S. I]

PAWAN KUMAR, Under Secy.

1

2

dsUnz

{ks= ds varxZr vkus okys fuEu jktLo xkWao

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.